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OF THOMAS JEFFERSON.

the light, will vindicate his claims to the first honors of the profession."

Again, we have the authority of the same gentleman upon another interesting point. It will be new to the reader to learn that Mr. Jefferson was any thing of a popular orator. "It is true," continues the writer, "he was not distinguished in popular debate; why he was not so, has often been matter of surprise to those who have seen his eloquence on paper, and heard it in conversation. He had all the attributes of the mind, and the heart, and the soul, which are essential to eloquence of the highest order. The only defect was a physical one: he wanted volume and compass of voice for a large deliberative assembly; and his voice, from the excess of his sensibility, instead of rising with his feelings and conceptions, sunk under their pressure, and became gutteral and inarticulate. The consciousness of this infirmity repressed any attempt in a large body, in which he knew he must fail. But his voice was all sufficient for the purposes of judicial debate; and there is no reason to doubt, that if the services of his country had not called him away so soon from his profession, his fame, as a lawyer, would now have stood upon the same distinguished ground which he confessedly occupies as a statesman, an author, and a scholar."

The "arguments," above mentioned, have not yet seen the light; but a curious fragment exists, in the form of a letter to the celebrated English whig, Major John Cartwright, which displays at one view, the wonderful copiousness of legal research, fertility and promptitude of reference, which he possessed, and brought down with him to the age of eighty-one. This long and learned letter embraces a wide range of historical details, and political information; and partakes more of the character of a treatise on the British and American Constitutions, than of an epistolary communication. The part which we quote, contains the detection, through a long labyrinth of legal authorities, of a fundamental heresy, which, at an early period, through a palpable mistranslation of two words, crept into the common law, and finally, by a series of cumulative adjudications, became firmly embodied in the text.

"I was glad to find in your book a formal contradiction, at length, of the judiciary usurpation of legislative powers; for such the judghave usurped in their repeated decisions, that Christianity is a part of the common law. The proof of the contrary, which you have

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adduced, is incontrovertible; to wit, that the common law existed while the Anglo-Saxons were yet Pagans, at a time when they had never yet heard the name of Christ pronounced, or knew that such a character had ever existed. But it may amuse you, to show when, and by what means, they stole this law in upon us. In a case of quare impedit in the Year-book, 34. H. 6. folio 38. (anno 1458,) a question was made, how far the ecclesiastical law was to be respected in a common law court. And Prisot, Chief Justice, gives his opinion in these words. 'A tiel leis qu'ils de seint eglise ont en an cien scripture covient a nous a donner credence; car ceo common ley sur quels touts manners leis sont fondes. Et auxy, Sir, nous sumus obliges de conustre lour ley de saint eglise : et semblablement ils sont obliges de conustre nostre ley. Et, Sir, si poit apperer or a nousque l'evesque ad fait come un ordinary fera en tiel cas, adong nous devons ceo adjuger bon, ou auterment nemy,' &c. See S. C. Fitzh. Abr. Qu. imp. 89. Bro. Abr. Qu. imp. 12. Finch in his first book, c. 3. is the first afterwards who quotes this case, and mistakes it thus. "To such laws of the church as have warrant in holy scripture, our law giveth credence.' And cites Prisot; mistranslating 'ancien scripture,' into 'holy scripture.' Whereas Prisot palpably says, 'to such laws as those of holy church have in ancient writing, it is proper for us to give credence;' to wit, to their ancient written laws. This was in 1613, a century and a half after the dictum of Prisot. Wingate, in 1658, erects this false translation into a maxim of the common law, copying the words of Finch, but citing Prisot. Wing. Max. 3. and Sheppard, title, 'Religion,' in 1675, copies the same mistranslation, quoting the Y. B. Finch and Wingate. Hale expresses it in these words; 'Christianity is parcel of the laws of England.' 1 Ventr. 293, 3 Keb. 607. But he quotes no authority. By these echoings and re-echoings from one to another, it had become so established in 1728, that in the case of the King vs. Woolston, 2 Stra. 834, the court would not suffer it to be debated, whether to write against Christianity was punishable in the temporal court at common law. Wood, therefore, 409, ventures still to vary the phrase and say, that all blasphemy and profaneness are offences by the common law; and cites 2 Stra. Then Blackstone, in 1763, IV. 59, repeats the words of Hale, that 'Christianity is part of the laws of England,' citing Ventris and Strange. And finally, Lord Mansfield, with a little qualification, in Evans's case, in 1767, says, that the essential principles of revealed religion are part of the common law. Thus ingulphing Bible, Testament, and all into the common law, without citing any authority. And thus we find this chain of authorities hanging link by link, one upon another, and all ultimately on one and the same hook, and that a mistranslation of the words 'ancien scripture,' used by Prisot. Finch quotes Prisot; Wingate does the same. Sheppard quotes Prisot, Finch and Wingate. Hale cites nobody.

The court, in Woolston's case, cites Hale. Wood cites Woolston's case. Blackstone quotes Woolston's case and Hale. And Lord Mansfield, like Hale, ventures it on his own authority. Here I might defy the best read lawyer to produce another scrip of authority for this judiciary forgery; and I might go on further to show, how some of the Anglo-Saxon priests interpolated in the text of Alfred's laws, the 20th, 21st, 22nd, and 23rd chapters of Exodus, and the 15th of the Acts of the Apostles, from the 23d to the 29th verses. But this would lead my pen and your patience too far. What a conspiracy this, between Church and State."

Major Cartwright was so captivated with the contents of this letter, that he could not resist the temptation to permit it to go to the press. Its appearance in the newspapers, excited some sensation, and occasioned, in part, a letter from Edward Everett, requesting further information upon the subject. In reply, Mr. Jefferson, after alluding to the publication of his letter, under the circumstances of frankness and freedom in which it was written, as "an unfair practice," says, it will "draw upon me the host of judges and divines. They may cavil, but cannot refute it. I fear not for the accuracy of any of my quotations. The doctrine might be disproved by many other and different topics of reasoning; but having satisfied myself of the origin of the forgery, and found how like a rolling snow-ball, it had gathered volume, I leave its further pursuit to those who need further proof." "A licence," continues he, "which should permit 'ancien scripture' to be translated 'holy scripture' annihilates at once all the evidence of language. With such a licence, we might reverse the sixth commandment into 'Thou shalt not omit murder.' It would be the more extraordinary in this case, where the mis-translation was to effect the adoption of the whole code of the Jewish and Christian laws in the text of our Statutes." And he adds, "do we allow to our Judges this lumping legislation ?"

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CHAPTER II.

Mr. Jefferson came of age in 1764. He had scarcely arrived at his majority, when he was placed in the nomination of Justices for the county in which he lived; and at the first election following, was chosen one of its Representatives to the Legislature.

He took his seat in that body in May, 1769, and distinguished himself at once, by an effort of philanthropy, to which the steady liberalization of sixty years has not brought up the tone of public sentiment; at least, so far as to reconcile the major will to the personal sacrifices which it involves. The moral intrepidity that could prompt him, a new member, and one of the youngest in the House, to rise from his seat, with the composure of a martyr, and propose, amidst a body of inexorable planters, a bill "for the permission of the Emancipation of Slaves," gave an earnest of his future career, too unequivocal to be misunderstood. It was an act of self immolation, worthy the best model of Sparta or Rome. He was himself a slave holder, and from the immense inheritance to which he had succeeded, probably one of the largest in the House. He knew too, that it was a measure of peculiar odium, running counter to the strongest interests, and most intractable prejudices of the ruling population; that it would draw upon him the keenest resentments of the wealthy and the great, who alone held the keys of honor and preferment at home, besides banishing forever, all hope of a favorable consideration with the government. In return for this array of sacrifices, he saw nothing await him but the satisfaction of an approving conscience, and the distant commendation of an impartial posterity. He could have no possible motive but the honor of his country, and the gratification of a warm and comprehensive benevolence.

The bare announcement of the proposition gave a shock to the aristocracy of the House, which aroused their inmost alarms. It touched their sensibilities at a most irritable point, and was rejected by a sudden and overwhelming vote. Yet the courteous and conciliatory account which Mr. Jefferson has left of the transaction, ascribes the failure of the bill to the vicious and despotic influ

every attempt at reform, the members themselves. merits of the proposition.

ence of the government, which, by its unceasing frown, overawed rather than to any moral depravation of They were not insensible to the amazing "Our minds" says he "were circumscribed within narrow limits, by an habitual belief that it was our duty to be subordinate to the mother country in all matters of government, to direct all our labors in subservience to her interests, and even to observe a bigotted intolerance for all religions but hers. The difficulties with our Representatives were of habit and despair, not of reflection and conviction. Experience soon proved that they could bring their minds to rights, on the first summons of their attention." But indeed, under the regal government, how was it possible for any thing liberal to expect success. The Crown had directly or indirectly the appointment of all officers of any moment, even those, in part, of the ordinary Legislature. The King's Council, as it was called, which acted as an Upper House, held their places at the Royal will, and cherished a most humble obedience to that will; the Governor, too, who had a negative on the laws, held by the same tenure, and with still greater devotedness to it: and, last of all, the Royal negative, which formed the rear-guard to the whole, barred the final pass to every project of melioration. So wanton, indeed, was the exercise of this power in the hands of his Majesty, that for the most trifling reason, and sometimes for no conceivable reason at all, he refused his assent to laws of the most salutary tendency. Nay, the single interposition of an interested indiidual against a law, was scarcely ever known to fail of success, though in the opposite scale were placed the interests of a whole

country.

This was Mr. Jefferson's first measure of reform; and although rendered abortive by the immature state of things, it was but the inception, as the reader will in due time perceive, of a long series of efforts, partly successful, partly not, in the same benevolent cause. It was the first public movement which he had the honor to originate, and the one, in all probability, whose spirit and object were most congenial to his heart. Indeed, it was but the glimmering of that principle, which constituted the polar star of his whole des tiny, and which afterwards burst with such astonishing magnificence upon the world, in that immortal manifesto of his country, which proclaimed, that "all men are created equal, and endowed by

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