Thomas Jefferson, the Apostle of AmericanismChinard, Gilbert
History
Thomas Jefferson, the Apostle of Americanism
Chinard, Gilbert
Jefferson, Thomas, 1743-1826
General rules in drawing provisions &c., which would do only what the
law would do without them, to be omitted. Bills to be short; not to
include matters of different natures; not to insert an unnecessary
word; nor omit a useful one. Laws to be made on the spur of the
present occasion, and all innovating laws to be limited in their
duration.[61]
Truly an admirable plan! Not the scheme of rash reformers, of _a
priori_-minded legislators, deriving a code of laws from a certain
number of abstract principles. It was not their purpose to make a
_tabula rasa_ of the old structure which had slowly grown stone by
stone, statute by statute and to rebuild entirely on new plans. The old
house resting on solid Anglo-Saxon foundations was still substantial
and safe and it could serve its purpose if only a few partitions were
torn down, a few useless annexes demolished, and better ventilation
provided. Nothing was farther from the mind of the committee than to
erect in Virginia a Greek or Roman temple of Themis.
The statutes were divided into five parts. Jefferson was to take "the
first period in the division of statutes to end with 25th, H. 8th";
Pendleton the second period "to end at the Revolution"; Wythe the third
"to come to the present day"; G. Mason the fourth, "to consist of the
residuary part of the Virginia laws to which is added the criminal law
and land law." The fifth, attributed to Lee, "to be the regulation of
property in slaves, and their condition; and also the examination of the
laws of the other colonies."[62] Mason soon retired, "being no lawyer",
and Lee having died, the work was redistributed which explains the
somewhat different allotment indicated by Jefferson in the
"Autobiography." On the other hand, he seems to have claimed for himself
in the "Autobiography" an honor and an attitude that really belonged to
the committee:
I thought it would be useful, also, in new draughts to reform the
style of the later British statutes, and of our own arts of Assembly;
which, from their verbosity, their endless tautologies, their
involution of case within case, and parenthesis within parenthesis,
and their multiplied efforts at certainty, by _saids_ and
_aforesaids_, by _ors_ and by _ands_, to make them more plain, are
really rendered more perplexed and incomprehensible, not only to
common readers, but to the lawyers themselves.
Public-domain text, read in full here on John Shaqi.
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