Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 1 eBook

This eBook from the Gutenberg Project consists of approximately 704 pages of information about Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 1.

Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 1 eBook

This eBook from the Gutenberg Project consists of approximately 704 pages of information about Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 1.
us from doing right, that it should be corrected, in all its parts, with a single eye to reason, and the good of those for whose government it was framed.  Early, therefore, in the session of ’76, to which I returned, I moved and presented a bill for the revision of the laws; which was passed on the 24th of October, and on the 5th of November, Mr. Pendleton, Mr. Wythe, George Mason, Thomas L. Lee, and myself, were appointed a committee to execute the work.  We agreed to meet at Fredericksburg to settle the plan of operation, and to distribute the work.  We met there accordingly, on the 13th of January, 1777.  The first question was, 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.  Mr. Pendleton, contrary to his usual disposition in favor of ancient things, was for the former proposition, in which he was joined by Mr. Lee.  To this it was objected, that to abrogate our whole system would be a bold measure, and probably far beyond the views of the legislature; that they had been in the practice of revising, from time to time, the laws of the colony, omitting the expired, the repealed, and the obsolete, amending only those retained, and probably meant we should now do the same, only including the British statutes as well as our own:  that to compose a new Institute, like those of Justinian and Bracton, or that of Blackstone, which was the model proposed by Mr. Pendleton, would be an arduous undertaking, of vast research, of great consideration and judgment; and when reduced to a text, every word of that text, from the imperfection of human language, and its incompetence to express distinctly every shade of idea, would become a subject of question and chicanery, until settled by repeated adjudications; that this would involve us for ages in litigation, and render property uncertain, until, like the statutes of old, every word had been tried and settled by numerous decisions, and by new volumes of reports and commentaries; and that no one of us, probably, would undertake such a work, which, to be systematical, must be the work of one hand.  This last was the opinion of Mr. Wythe, Mr. Mason, and myself.  When we proceeded to the distribution of the work, Mr. Mason excused himself, as, being no lawyer, he felt himself unqualified for the work, and he resigned soon after.  Mr. Lee excused himself on the same ground, and died indeed in a short time.  The other two gentlemen, therefore, and myself, divided the work among us.  The common law and statutes to the 4 James I. (when our separate legislature was established) were assigned to me; the British statutes, from that period to the present day, to Mr. Wythe; and the Virginia laws to Mr. Pendleton.  As the law of Descents, and the Criminal law, fell of course within my portion, I wished the committee to settle the leading principles of these, as a guide for me
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