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omitting the expired, the repealed, and the obsolete,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