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酔楯荷恬: 梓囚徒貧圭�鮗� ○ 賜 ★ 辛酔堀貧和鍬匈 梓囚徒貧議 Enter 囚辛指欺云慕朕村匈 梓囚徒貧圭�鮗� ● 辛指欺云匈競何! 泌惚云慕短嗤堋響頼���誅卒亮茂�俊彭堋響��辛聞喘貧圭 "辺茄欺厘議箝誓匂" 孔嬬 才 "紗秘慕禰" 孔嬬��
ion of the clergy�察�and superintending their conduct。 And in the bill now passed was inserted an express reservation of the question Whether a general assessment should not be established by law�察�on every one�察�to the support of the pastor of his choice�察�or whether all should be left to voluntary contributions�察�and on this question�察�debated at every session from 76 to 79 ��some of our dissenting allies�察�having now secured their particular object�察�going over to the advocates of a general assessment�� we could only obtain a suspension from session to session until 79。 when the question against a general assessment was finally carried�察�and the establishment of the Anglican church entirely put down。 In justice to the two honest but zealous opponents�察�who have been named I must add that altho'�察�from their natural temperaments�察�they were more disposed generally to acquiesce in things as they are�察�than to risk innovations�察�yet whenever the public will had once decided�察�none were more faithful or exact in their obedience to it。
The seat of our government had been originally fixed in the peninsula of Jamestown�察�the first settlement of the colonists�察�and had been afterwards removed a few miles inland to Williamsburg。 But this was at a time when our settlements had not extended beyond the tide water。 Now they had crossed the Alleghany�察�and the center of population was very far removed from what it had been。 Yet Williamsburg was still the depository of our archives�察�the habitual residence of the Governor & many other of the public functionaries�察�the established place for the sessions of the legislature�察�and the magazine of our military stores�此�and it's situation was so exposed that it might be taken at any time in war�察�and�察�at this time particularly�察�an enemy might in the night run up either of the rivers between which it lies�察�land a force above�察�and take possession of the place�察�without the possibility of saving either persons or things。 I had proposed it's removal so early as Octob。 76。 but it did not prevail until the session of May。 '79。
Early in the session of May 79。 I prepared�察�and obtained leave to bring in a bill declaring who should be deemed citizens�察�asserting the natural right of expatriation�察�and prescribing the mode of exercising it。 This�察�when I withdrew from the house on the 1st of June following�察�I left in the hands of George Mason and it was passed on the 26th of that month。
In giving this account of the laws of which I was myself the mover & draughtsman�察�I by no means mean to claim to myself the merit of obtaining their passage。 I had many occasional and strenuous coadjutors in debate�察�and one most steadfast�察�able�察�and zealous�察�who was himself a host。 This was George Mason�察�a man of the first order of wisdom among those who acted on the theatre of the revolution�察�of expansive mind�察�profound judgment�察�cogent in argument�察�learned in the lore of our former constitution�察�and earnest for the republican change on democratic principles。 His elocution was neither flowing nor smooth�察�but his language was strong�察�his manner most impressive�察�and strengthened by a dash of biting cynicism when provocation made it seasonable。
Mr。 Wythe�察�while speaker in the two sessions of 1777。 between his return from Congress and his appointment to the Chancery�察�was an able and constant associate in whatever was before a committee of the whole。 His pure integrity�察�judgment and reasoning powers gave him great weight。 Of him see more in some notes inclosed in my letter of August 31。 1821�察�to Mr。 John Saunderson。
Mr。 Madison came into the House in 1776。 a new member and young�察�which circumstances�察�concurring with his extreme modesty�察�prevented his venturing himself in debate before his removal to the Council of State in Nov。 77。 From thence he went to Congress�察�then consisting of few members。 Trained in these successive schools�察�he acquired a habit of self´possession which placed at ready command the rich resources of his luminous and discriminating mind�察�& of his extensive information�察�and rendered him the first of every assembly afterwards of which he became a member。 Never wandering from his subject into vain declamation�察�but pursuing it closely in language pure�察�classical�察�and copious�察�soothing always the feelings of his adversaries by civilities and softness of expression�察�he rose to the eminent station which he held in the great National convention of 1787。 and in that of Virginia which followed�察�he sustained the new constitution in all its parts�察�bearing off the palm against the logic of George Mason�察�and the fervid declamation of Mr。 Henry。 With these consummate powers were united a pure and spotless virtue which no calumny has ever attempted to sully。 Of the powers and polish of his pen�察�and of the wisdom of his administration in the highest office of the nation�察�I need say nothing。 They have spoken�察�and will forever speak for themselves。
So far we were proceeding in the details of reformation only�察�selecting points of legislation prominent in character & principle�察�urgent�察�and indicative of the strength of the general pulse of reformation。 When I left Congress�察�in 76。 it was in the persuasion that our whole code must be reviewed�察�adapted to our republican form of government�察�and�察�now that we had no negatives of Councils�察�Governors & Kings to restrain us from doing right�察�that it should be corrected�察�in all it's parts�察�with a single eye to reason�察�& the good of those for whose government it was framed。 Early therefore in the session of 76。 to which I returned�察�I moved and presented a bill for the revision of the laws�察�which was passed on the 24th。 of October�察�and on the 5th。 of November Mr。 Pendleton�察�Mr。 Wythe�察�George Mason�察�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�察�on the 13th。 of January 1777。 The first question was whether we should propose to abolish the whole existing system of laws�察�and prepare a new and complete Institute�察�or preserve the general system�察�and only modify it to the present state of things。 Mr。 Pendleton�察�contrary to his usual disposition in favor of antient things�察�was for the former proposition�察�in which he was joined by Mr。 Lee。 To this it was objected that to abrogate our whole system would be a bold measure�察�and probably far beyond the views of the legislature�察�that they had been in the practice of revising from time to time the laws of the colony�察�omitting the expired�察�the repealed and the obsolete�察�amending only those retained�察�and probably meant we should now do the same�察�only including the British statutes as well as our own�此�that to compose a new Institute like those of Justinian and Bracton�察�or that of Blackstone�察�which was the model proposed by Mr。 Pendleton�察�would be an arduous undertaking�察�of vast research�察�of great consideration & judgment�察�and when reduced to a text�察�every word of that text�察�from the imperfection of human language�察�and it's incompetence to express distinctly every shade of idea�察�would become a subject of question & chicanery until settled by repeated adjudications�察�that this would involve us for ages in litigation�察�and render property uncertain until�察�like the statutes of old�察�every word had been tried�察�and settled by numerous decisions�察�and by new volumes of reports & commentaries�察�and that no one of us probably would undertake such a work�察�which�察�to be systematical�察�must be the work of one hand。 This last was the opinion of Mr。 Wythe�察�Mr。 Mason & myself。 When we proceeded to the distribution of the work�察�Mr。 Mason excused himself as�察�being no lawyer�察�he felt himself unqualified for the work�察�and he resigned soon after。 Mr。 Lee excused himself on the same ground�察�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�察�the British statutes from that period to the present day to Mr。 Wythe�察�and the Virginia laws to Mr。 Pendleton。 As the law of Descents�察�& the criminal law fell of course within my portion�察�I wished the commee to settle the leading principles of these�察�as a guide for me in framing them。 And with respect to the first�察�I proposed to abolish the law of primogeniture�察�and to make real estate descendible in parcenary to the next of kin�察�as personal property is by the statute of distribution。 Mr。 Pendleton wished to preserve the right of primogeniture�察�but seeing at once that that could not prevail�察�he proposed we should adopt the Hebrew principle�察�and give a double portion to the elder son。 I observed that if the eldest son could eat twice as much�察�or do double work�察�it might be a natural evidence of his right to a double portion�察�but being on a par in his powers & wants�察�with his brothers and sisters�察�he should be on a par also in the partition of the patrimony�察�and such was the decision of the other members。
On the subject of the Criminal law�察�all were agreed that the punishment of death should be abolished�察�except for treason and murder�察�and that�察�for other felonies should be substituted hard labor in the public works�察�and in some cases�察�the Lex talionis。 How this last revolting principle came to obtain our approbation�察�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�察�copied probably from the Hebrew law of ;an eye for an eye�察�a tooth for a tooth�察─�and it was the law of several antient people。 But the modern mind had left it far in the rear of it's advances。 These points however being settled�察�we repaired to our respective homes for the preparation of the work。
Feb。 6。 In the execution of my part I thought it material not to vary the diction of the antient statutes by modernizing it�察�nor to give rise to new questions by new expressions。 The text of these statutes had been so fully explained and defined by numerous adjudications�察�as scarcely ever now to produce a question in our courts。 I thought it would be useful also�察�in all new draughts�察�to reform the
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