網頁圖片
PDF
ePub 版

146

LIFE, WRITINGS, AND OPINIONS

his attendance in Congress, to secure his undivided co operation-
Having accepted the arduous and responsible charge, the Commit-
tee of Revisors immediately came to an agreement, to meet at
The foundation was thus laid, for en-
Fredericksburg, in January ensuing, to settle the plan of operation,
and to distribute the work.
abling the great republican lawgiver, to pursue his system of reform,
so auspiciously commenced, in all the latitude of his long cherished
and well expressed purpose, with a single eye to reason, and the
good of mankind.'

[ocr errors]

But in the midst of this brisk and bold-spirited action of the incipient popular Administration, an irregularity occurred, which, had it been permitted to prevail, would have been a standing evidence, of the incapacity of man for self-government. The autumn of '76, was one of the darkest and most distressing periods of the Revolu tion. The courage of the country seemed to relapse into a temporary panic. The fortitude of the Virginia Legislature, fell for a season; and in a moment of terror and despondency, the demented project was seriously meditated of creating a Dictator, invested with every power, legislative, executive and judiciary, civil and military, of life and of death. The scheme originated with the aristocratic portion of the House; and produced an exacerbation of temper which menaced a violent dissolution of the body. A discrimination of political sentiment was developed by the event, which before, was deemed incredible among the members of that heroic Legislature. The republican and the monarchist stood unveiled, as if by the power of magic; and such was the discrepancy of opinion and of honest zeal,-for no one has attempted to impeach the motives of either party, that they walked the streets on different sides. It was on this occasion, that Col. Archibald Cary, mover of the celebrated resolutions of Independence, now Speaker of the Senate, manifested a patriotic sternness, which has placed him in history, along side of a Cato and a Brutus.* Meeting Col. Syme, the step-brother of Patrick Henry, in the lobby of the House, during the agitation, he accosted him with great fierceness, in the following terms:-"I am told that your brother wishes to be Dictator: tell him from me, that the day of his appointment, shall be the day of his death, for he shall feel my dagger in his heart, before the sun

*Girardin, p. 192.

set of that day."* The feelings excited in the mind of Mr. Jefferson, who was eminently instrumental in crushing the parricidal project, may be inferred from that nervous and overpowering development of its nature and tendency, which he recorded, a few years after, as an everlasting warning to his countrymen. following is an extract.

The

"One, who entered into this contest, from a pure love of liberty, and a sense of injured rights, who determined to make every sacrifice, and to meet every danger, for the re-establishment of those rights, on a firm basis, who did not mean to expend his blood and substance, for the wretched purpose of changing this master for that, but to place the powers of governing him, in a plurality of hands of his own choice, so that the corrupt will of no one man, might in future oppress him, must stand confounded and dismayed, when he is told, that a considerable portion of that plurality, had meditated the surrender of them, into a single hand, and, in lieu of a limited monarchy, to deliver him over to a despotic one! How must he find his efforts and sacrifices abused and baffled, if he may still, by a single vote, be laid prostrate at the feet of one man? In God's name, from whence have they derived this power? Is it from our ancient laws? None such can be produced. Is it from any principle in our new constitution, expressed or implied? Every lineament of that, expressed or implied, is in full opposition to it. Its fundamental principle is, that the State shall be governed as a Commonwealth. It provides a republican organization, proscribes under the name of prerogative, the exercise of all powers undefined by the laws; places on this basis, the whole system of our laws; and by consolidating them together, chuses that they should be left to stand or fall together, never providing for any circumstances, nor admitting that such could arise, wherein either should be suspended, no, not for a moment. Our ancient laws expressly declare, that those who are but delegates themselves, shall not delegate to others, powers, which require judgment and integrity in their exercise. Or was this proposition moved, on a supposed right in the movers of abandoning their posts in a moment of distress? The same laws forbid the abandonment of that post, even on ordinary occasions and much more, a transfer of their powers into other hands, and other forms, without consulting the people. They never admit the idea, that these, like sheep or cattle, may be given from hand to hand, without an appeal to their own will. Was it from the necessity of the case? Necessities which dissolve a government, do not convey its authority to an oligarchy or a monarchy. They

*Although it was generally supposed that Mr. Henry, then Gov. of the State, was the person in view for the Dictatorship, yet there is no evidence that he was implicated in the scheme himself, or had any knowledge of it.

throw back, into the hands of the people, the powers they had del egated, and leave them as individuals to shift for themselves. A leader may offer, but not impose himself, nor be imposed on them. Much less can their necks be submitted to his sword, their breath to be held at his will, or caprice. The necessity which should operate these tremendous effects, should at least be palpable and irresistable.

* In this State alone, did there exist so little virtue, that fear was to be fixed in the hearts of the people, to become the motive of their exertions, and the principle of their government? The very thought alone, was treason against the people; was treason against mankind in general; rivetting for ever the chains which bow down their necks, by giving to their oppressors a proof, which they would have trumpeted through the universe, of the imbecility of republican government, in times of pressing danger, to shield them from harm. Those who assume the right of giving away the reins of government in any case, must be sure that the herd, whom they hand on to the rods and hatchet of the dictator, will lay their heads on the block, when he shall nod to them. But if our Assemblies supposed such a resignation in the people, I hope they mistook their character. I am of opinion, that the government, instead of being braced and invigorated for greater exertions, under their difficulties, would have been thrown back upon the bungling machinery of county committees for administration, till a convention could have been called, and its wheels again set into regular motion. What a cruel moment was this, for creating such an embarrassment, for putting to the proof, the attachment of our countrymen, to republican government?"

On the 13th of January, 1777, the committee appointed to Revise the Laws, assembled at Fredericksburg, agreeably to previous arangement, to settle the general principles of execution, and to distribute the labor. In relation to the first business of the consultation, the primary question was, 'whether they 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 by Mr. Jefferson, that to abrogate the 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 now meant they should do the same, only including the British stat

utes 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, 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, to be systematical, must be the work of one hand.' This last was the opinion also of Mr. Wythe and Mr. Mason, and was consequently adopted as the rule. They then proceeded to the distribution of the labor; upon which, Mr. Masch excused himself, as, being no lawyer, he felt himself unqualified to participate in the execution of the work, and resigned, indeed, soon after. Mr. Lee excused himself on the same ground, and lived but a short time longer. The whole undertaking, consequently, devolved on Mr. Jefferson, Mr. Pendleton, and Mr. Wythe, who divided it among themselves, in the following manner :-The whole Common Law, and the Statutes to the 4th James I.—when their separate Legislature was established,-were assigned to Mr. Jefferson; 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 within the portion assigned to Mr. Jefferson, in both of which he designed to introduce certain fundamental changes, he submitted his intentions to the committee, with a view to obtain their concurrence. First, with respect to Descents, he proposed to abolish the law of Primogeniture, and to make real estate descendible in equal partition to the next of kin, as personal property was, by the statute of distribution. Mr. Pendleton objected to the plan, and insisted upon preserving the right of primogeniture entire; but finding he could not maintain the whole, he proposed to adopt the Hebrew principle, and give In reply, Mr. Jefferson observed, a double portion to the elder son. "that if the elder son could eat twice as much, or do double work, it might be a natural evidence of his right to a double portion; but being on a par, in his powers and wants, with his brothers and sis

14

ters, he should be on a par also in the partition of the patrimony." The argument was as conclusive as it was characteristic; and, the other members of the committee concurring with him, the principle was adopted.

On the subject of the Criminal Law, he proposed, as a fundamental rule, that the punishment of death should be abolished, in all cases, except for treason and murder. The extraordinary humanity of this proposition, is illustrated by the fact, that at this time, the penal code of Great Britain comprehended more than two hundred offences, besides treason and murder, punishable by hanging; many of which were of so venial a nature as scarcely to deserve flagellation. The innovation recommended would sweep from the parent code, all its cruel and sanguinary features, without impairing its energy, as modern experience has proved, and present an example to mankind, of wise and philanthropic legislation, which of itself would be enough to immortalize the Revolution. The proposition was ap proved by the committee; and for all felonies, under treason and murder, it was agreed to substitute, in the room of capital punishment, hard labor in the public works, and, in some cases, the lex talionis, or law of retaliation. With the last mentioned substitute, Mr. Jefferson was dissatisfied, but acquiesced in the decision of the board. "How this revolting principle," says he, "came to obtain our approbation, I do not remember. There remained, indeed, in our laws, a vestige of it, in a single case of a slave. It was the English law, in the time of the Anglo-Saxons, copied probably from the Hebrew law of 'an eye for an eye, a tooth for a tooth,' and it was the law of several ancient people; but the modern mind had left it far in the rear of its advances." Having decided upon these general principles, as the basis of revision, they repaired to their respective homes, to accomplish the magnificent design.

During the years 1777 and 8, the anxieties and agitations of the war weighed so heavily and constantly upon the Legislature, that little attention could be spared to advancing the progress of political reform. Mr. Jefferson continued a member, but in obedience to more pressing urgencies, suspended, in great part, the ruling purpose of his mind, and buried himself in the external concerns of revolution. In all the practical details of legislation, he contributed his full quota of service; but their volume prevents their incorporation, to any amount, into this work. Not a moment was passed unem

« 上一頁繼續 »