throw back, into the hands of the people, the powers they had delegated, 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. Mason 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 a double portion to the elder son. In reply, Mr. Jefferson observed, "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

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 approved 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

ployed. Every interval which could be safely abstracted from his duties in the Legislature, was devoted to the preparation of the Revised Code of Virginia, or to a vigilant circumspection of the national affairs.

The following letter to Dr. Franklin, in Paris, evinces the triumphant satisfaction with which he contemplated the establishment of republicanism on the ruins of monarchy, in his native State, as well as the anxiety and zeal which he carried into every department of the public service. It is the fourth, in date, of his published correspondence.

"Virgina, August 13, 1777.

"Honorable Sir, I forbear to write you news, as the time of Mr. Shore's departure being uncertain, it might be old before you receive it, and he can, in person, possess you of all we have. With respect to the State of Virginia in particular, the people seem to have laid aside the monarchical, and taken up the republican government, with as much ease as would have attended their throwing off an old, and putting on a new suit of clothes. Not a single throe has attended this important transformation. A half dozen aristocratical gentlemen, agonizing under the loss of pre-eminence, have sometimes ventured their sarcasms on our political metamorphosis. They have been thought fitter objects of pity than of punishment. We are at present in the complete and quiet exercise of well organized government, save only that our courts of justice do not open till the fall. I think nothing can bring the security of our continent and its cause into danger, if we can support the credit of our paper. To do that, I apprehend one or two steps must be taken. Either to procure free trade by alliance with some naval power able to protect it; or, if we find there is no prospect of that, to shut our ports totally to all the world, and turn our Colonies into manufactories. The former would be most eligible, because most conformable to the habits and wishes of our people. Were the British Court to return to their senses in time to seize the little advantage which still remains within their reach from this quarter, I judge that, on acknowledging our absolute independence and sovereignty, a commercial treaty beneficial to them, and perhaps even a league of mutual offence and defence, might, not seeing the expense or consequences of such a measure, be approved by our people, if nothing in the mean time, done on your part, should prevent it. But they will continue to grasp at their desperate sovereignty, till every benefit short of that is forever out of their reach. I wish my domestic situation had rendered it possible for me to join you in the very honorable charge confided to you. Residence in a polite Court, society of literati of the first order, a just cause and an approving God, will add length to a

life for which all men pray, and none more than your most obedient and humble servant."

In addition to the crowd of military operations, which engaged the attention of the Legislature, two important transactions of a civil character, in both of which Mr. Jefferson took the lead, distinguished the autumnal session of 1777. These were, the ratification of the Articles of Confederation and Perpetual Union, proposed by Congress on the 17th of November, '76; and the adoption of a plan to dispose of the vast unappropriated lands of Virginia, on the western waters, the avails of which to be applied to the creation of a sinking fund, in aid of the taxes, for discharging the public debt. A loan office was established, in which the waste and unpatented lands were registered, and sold, from time to time, on moderate terms, for the benefit of the State. In the present posture of affairs, no measure could have been proposed, more directly and widely beneficial; it opened an incalculable resource for the support of the public credit.

The May session of 1778, also, notwithstanding the importunity of the war, and the unremitting assiduities of military preparation, was distinguished by a civil transaction, which is intimately blended with the reputation of Mr. Jefferson, and with the honor of our common country. We allude to the abolition of the Slave Trade. The bill for this purpose, it will be recollected, was introduced by him at the October session of "76, but was not acted upon finally, until the present, when a more particular illustration of its merits was promised, by a historical comparison of the efforts of other nations, in the same benevolent sphere. The British empire has claimed the honor of having set the example to the world, of the renunciation of this diabolical traffick; and Lord Castlereagh declared, in the House of Commons, on the 9th of February, 1818, that on the subject of making the slave trade punishable by law, Great Britain had led the way. A little attention to dates and transactions, will elucidate the historical truth on this point.

In the year 1791, Mr. Wilberforce, who is considered the father of African Abolition in England, made his first grand motion to that effect in the House of Commons. After a vehement and protracted debate, in the course of which, Mr. Fox said, that "if the House did not, by their vote, mark to all mankind their abhorrence of a practice so savage, so enormous, so repugnant to all laws, hu