The Writings of Thomas Jefferson, Vol. 6 (of 9). Томас Джефферсон

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СКАЧАТЬ posterior to the Declaration of Independence, or rather to the accession of that King, whose reign, ab initio, was the very tissue of wrongs which rendered the Declaration at length necessary. The reason for it had inception at least as far back as the commencement of his reign. This relation to the beginning of his reign, would add the advantage of getting us rid of all Mansfield's innovations, or civilizations of the common law. For however I admit the superiority of the civil over the common law code, as a system of perfect justice, yet an incorporation of the two would be like Nebuchadnezzar's image of metals and clay, a thing without cohesion of parts. The only natural improvement of the common law, is through its homogeneous ally, the chancery, in which new principles are to be examined, concocted and digested. But when, by repeated decisions and modifications, they are rendered pure and certain, they should be transferred by statute to the courts of common law, and placed within the pale of juries. The exclusion from the courts of the malign influence of all authorities after the Georgium sidus became ascendant, would uncanonize Blackstone, whose book, although the most elegant and best digested of our law catalogue, has been perverted more than all others, to the degeneracy of legal science. A student finds there a smattering of everything, and his indolence easily persuades him that if he understands that book, he is master of the whole body of the law. The distinction between these, and those who have drawn their stores from the deep and rich mines of Coke Littleton, seems well understood even by the unlettered common people, who apply the appellation of Blackstone lawyers to these ephemeral insects of the law.

      Whether we should undertake to reduce the common law, our own, and so much of the English statutes as we have adopted, to a text, is a question of transcendent difficulty. It was discussed at the first meeting of the committee of the revised code, in 1776, and decided in the negative, by the opinions of Wythe, Mason and myself, against Pendleton and Thomas Lee. Pendleton proposed to take Blackstone for that text, only purging him of what was inapplicable or unsuitable to us. In that case, the meaning of every word of Blackstone would have become a source of litigation, until it had been settled by repeated legal decisions. And to come at that meaning, we should have had produced, on all occasions, that very pile of authorities from which it would be said he drew his conclusion, and which, of course, would explain it, and the terms in which it is couched. Thus we should have retained the same chaos of law-lore from which we wished to be emancipated, added to the evils of the uncertainty which a new text and new phrases would have generated. An example of this may be found in the old statutes, and commentaries on them, in Coke's second institute, but more remarkably in the institute of Justinian, and the vast masses explanatory or supplementary of that which fill the libraries of the civilians. We were deterred from the attempt by these considerations, added to which, the bustle of the times did not admit leisure for such an undertaking.

      Your request of my opinion on this subject has given you the trouble of these observations. If your firmer mind in encountering difficulties would have added your vote to the minority of the committee, you would have had on your side one of the greatest men of our age, and like him, have detracted nothing from the sentiments of esteem and respect which I bore to him, and tender with sincerity the assurance of to yourself.

      TO GENERAL KOSCIUSKO

Monticello, June 28, 1812.

      Nous voila donc, mon cher ami, en guerre avec l'Angleterre. This was declared on the 18th instant, thirty years after the signature of our peace in 1782. Within these thirty years what a vast course of growth and prosperity we have had! It is not ten years since Great Britain began a series of insults and injuries which would have been met with war in the threshold by any European power. This course has been unremittingly followed up by increasing wrongs, with glimmerings indeed of peaceable redress, just sufficient to keep us quiet, till she has had the impudence at length to extinguish even these glimmerings by open avowal. This would not have been borne so long, but that France has kept pace with England in iniquity of principle, although not in the power of inflicting wrongs on us. The difficulty of selecting a foe between them has spared us many years of war, and enabled us to enter into it with less debt, more strength and preparation. Our present enemy will have the sea to herself, while we shall be equally predominant at land, and shall strip her of all her possessions on this continent. She may burn New York, indeed, by her ships and congreve rockets, in which case we must burn the city of London by hired incendiaries, of which her starving manufacturers will furnish abundance. A people in such desperation as to demand of their government aut parcem, aut furcam, either bread or the gallows, will not reject the same alternative when offered by a foreign hand. Hunger will make them brave every risk for bread. The partisans of England here have endeavored much to goad us into the folly of choosing the ocean instead of the land, for the theatre of war. That would be to meet their strength with our own weakness, instead of their weakness with our strength. I hope we shall confine ourselves to the conquest of their possessions, and defence of our harbors, leaving the war on the ocean to our privateers. These will immediately swarm in every sea, and do more injury to British commerce than the regular fleets of all Europe would do. The government of France may discontinue their license trade. Our privateers will furnish them much more abundantly with colonial produce, and whatever the license trade has given them. Some have apprehended we should be overwhelmed by the new improvements of war, which have not yet reached us. But the British possess them very imperfectly, and what are these improvements? Chiefly in the management of artillery, of which our country admits little use. We have nothing to fear from their armies, and shall put nothing in prize to their fleets. Upon the whole, I have known no war entered into under more favorable auspices.

      Our manufacturers are now very nearly on a footing with those of England. She has not a single improvement which we do not possess, and many of them better adapted by ourselves to our ordinary use. We have reduced the large and expensive machinery for most things to the compass of a private family, and every family of any size is now getting machines on a small scale for their household purposes. Quoting myself as an example, and I am much behind many others in this business, my household manufactures are just getting into operation on the scale of a carding machine costing $60 only, which may be worked by a girl of twelve years old, a spinning machine, which may be made for $10, carrying 6 spindles for wool,to be worked by a girl also, another which can be made for $25, carrying 12 spindles for cotton, and a loom, with a flying shuttle, weaving its twenty yards a day. I need 2,000 yards of linen, cotton and woollen yearly, to clothe my family, which this machinery, costing $150 only, and worked by two women and two girls, will more than furnish. For fine goods there are numerous establishments at work in the large cities, and many more daily growing up; and of merinos we have some thousands, and these multiplying fast. We consider a sheep for every person as sufficient for their woollen clothing, and this State and all to the north have fully that, and those to the south and west will soon be up to it. In other articles we are equally advanced, so that nothing is more certain than that, come peace when it will, we shall never again go to England for a shilling where we have gone for a dollar's worth. Instead of applying to her manufacturers there, they must starve or come here to be employed. I give you these details of peaceable operations, because they are within my present sphere. Those of war are in better hands, who know how to keep their own secrets. Because, too, although a soldier yourself, I am sure you contemplate the peaceable employment of man in the improvement of his condition, with more pleasure than his murders, rapine and devastations.

      Mr. Barnes, some time ago, forwarded you a bill of exchange for 5,500 francs, of which the enclosed is a duplicate. Apprehending that a war with England would subject the remittances to you to more casualties, I proposed to Mr. Morson, of Bordeaux, to become the intermediate for making remittances to you, which he readily acceded to on liberal ideas arising from his personal esteem for you, and his desire to be useful to you. If you approve of this medium I am in hopes it will shield you from the effect of the accidents to which the increased dangers of the seas may give birth. It would give me great pleasure to hear from you oftener. I feel great interest in your health and happiness. I know your feelings on the present state of the world, and hope they will be cheered by the successful course of our war, and the addition of Canada to our confederacy. The infamous intrigues of Great Britain to destroy our government (of which Henry's is but one sample), and with the Indians to tomahawk our women and children, prove that СКАЧАТЬ