Thomas Jefferson, the Apostle of AmericanismChinard, Gilbert
History
Thomas Jefferson, the Apostle of Americanism
Chinard, Gilbert
Jefferson, Thomas, 1743-1826
But important as they were, these constituted only minor points. The
whole structure of laws had to be remodelled to fit new conditions; a
new legal monument had to be erected. Jefferson's practice of law had
convinced him of the obscurities, contradictions, absurdities, and
iniquities of the assemblage of English laws on top of which had been
superimposed local regulations. The Bill for a General Revision of the
Laws passed October 26. The fifth of November five revisors were
appointed by ballot in the following order: Thomas Jefferson, Edmund
Pendleton, George Wythe, George Mason, Thomas Ludwell Lee. As this is a
more important contribution of Jefferson, we may omit here the part he
played on many committees of the House, drafting and reporting on
"Declaring what shall be treason"; bills "For raising six additional
battalions of infantry", "For establishing a Court of Appeals", "For
establishing a High Court of Chancery", "For establishing a General
Court and Courts of Assize", "For establishing a Court of Admiralty",
"For better regulating the proceedings of the County Courts." He plunged
into the work of the complete reorganization of the State judicial
machinery, with all the enthusiastic zeal of a born jurist, and his
capacity for precise, minute work was once more brought into play.
The committee of revisors met at Fredericksburg to determine on a manner
of procedure and to distribute the work between the five members. First
of all a question of methods had to be settled: "It had to be determined
whether we should propose to abolish the whole existing system of laws,
and prepare a new and complete Institute, or preserve the general
system, and only modify it to the present state of things."
Pendleton and Lee stood for the former methods, Wythe, Mason, and
Jefferson for the latter, and this was the procedure finally adopted.
Rather than the account given by Jefferson in his "Autobiography" we
shall follow the contemporary account drawn up at the time by George
Mason.
Plan settled by the committee of Revisors in Fredericksburg, January,
1777.
(1) The common law not to be meddled with, except where alterations
are necessary. The statutes to be revised and digested, alterations
proper for us to be made; the diction where obsolete or redundant, to
be reformed; but otherwise to undergo as few changes as possible. The
acts of the English Commonwealth to be examined. The statutes to be
divided into periods; the acts of Assembly made on the same subject
to be incorporated into them. The laws of other colonies to be
examined, and any good ones to be adopted.
In the margin is here written:
Public-domain text, read in full here on John Shaqi.
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