Excerpts from the writings of Thomas Jefferson

Similar documents
The Declaration of Independence

Declaration of Sentiments with Corresponding Sections of the Declaration of Independence Elizabeth Cady Stanton and Thomas Jefferson

Declaration and Constitution: 18 th Century America

Women s Roles in Puritan Culture. revised: English 2327: American Literature I D. Glen Smith, instructor

AP Language Unit 1. Equality

Thomas Jefferson 1. Statute of Virginia for Religious Freedom

Mock Lincoln-Douglas Debate Transcript 1. Opening Statements

Module 1: Your Declaration of Independence

What would life be like in a state of nature?

The Principles Contained in the United States Constitution With Biblical References and a Brief Historical Reference

(Article I, Change of Name)

Mondays-beginning April 26 6:30 pm Pillar in the Valley 229 Chesterfield Business Parkway Chesterfield, MO 63005

Below are some excerpts from the code of Justinian. After each excerpt answer the questions. I. Justice and Law

CHAPTER 2 The Early History of Correctional Thought and Practice

Center for. Published by: autosocratic PRESS Copyright 2013 Michael Lee Round

ARTICLE I.1-3 CONSTITUTION

Enlightenment Thinkers

C I V I C S S U C C E S S AC A D E M Y. D e p a r t m e n t o f S o c i a l S c i e n c e s STUDENT PACKET WEEK 1

The Concept of Freedom by the Founding Fathers TG09-05 / 1

Introduction to Law Chapter 1 Sec. 2 Notes The Evolution of Western Legal Theory

The Declaration of Independence. by Thomas Jefferson

One Nation Under God

Slavery and Secession

Unitarian Universalist Fellowship of Bennington. Freedom at the Heart of Religion. Story for All Ages: Mum Bett and the Sheffield Resolves

Primary Source #1. Close Reading 1. What images do you see? 2. What words do you see? 3. What is happening in this image?

Jefferson, Church and State By ReadWorks

1 The Proclamation of 1763 prohibited colonists from moving west of. 2 The king and Parliament viewed the American colonies as a what?

The Limits of Civil Authority

Purdue University. From the SelectedWorks of Peter J. Aschenbrenner. Peter J. Aschenbrenner, Purdue University. August, 2015

Update to Did a Governing Body govern Paul?

denarius (a days wages)

Christian View of Government and Law

GLUE YOUR UNIT OBJECTIVES HERE!

Document 1. DBQ Slides.notebook. November 12, 2014

1. Were the Founding Fathers mostly agnostics, deists, and secularists?

nature's God creator supreme judge of the world with a firm reliance on the protection of Divine Providence

Soc 1 Lecture 2. Tuesday, January 13, 2009 Winter 2009

Compelling Question: Were the colonists justified in declaring independence from Great Britain? Source 1: Excerpts from Common Sense, Thomas Paine 1

Declaring Independence

The God Of All Government

Virginia Statute for Religious Freedom

The Fundamental Principle of a Republic

Bylaws Of The Sanctuary A Georgia Non-Profit Religious Corporation

From Test Oath to the Jew Bill

Name Date Class. Key Ideas

Background. These names of virtues, with their precepts, were: 1. TEMPERANCE Eat not to dullness; drink not to elevation.

America: Union of God & State Session 6 In Man We Trust; An Abandoning of God & His Laws

One Nation Under Who?

The Blair Educational Amendment

THE SYNOD OF THE DIOCESE OF RUPERT S LAND CONSTITUTION

Moving Toward Independence. Chapter 5, Section 4

ADDRESS ON COLONIZATION TO A DEPUTATION OF COLORED MEN.

Lincoln-Douglas Debates Fourth Debate: Charleston, Illinois

Bill of Rights. The United States Bill of Rights of 1791, or more specifically the First Amendment, transformed

Ecumenical Relations Measure

MONDAY, MARCH 13, 2017 HEARING AND ORAL REASONS FOR JUDGMENT ON ( 1) MOTION FOR SUMMARY JUDGMENT FILED ON BEHALF OF DEFENDANT

CHAP. II. Of the State of Nature.

Scotland and the American Declaration of Independence Unitarian Universalist Church of Sarasota June 29, 2014 Rev. Roger Fritts

AMERICAN LAW REGISTER.

Name: What is America? A. City Upon a Hill. B. Common Sense. C. Declaration of Independence. D. Jefferson to Weightman

Interview with Pam Gernerd Fourth Grade Teacher Declaration of Independence

MEMORANDUM ON STUDENT RELIGIOUS SPEECH AT ATHLETIC EVENTS. The Foundation for Moral Law One Dexter Avenue Montgomery, AL (334)

SERMON Pastor Michael McAllister Galatians 5:1, June 30, 2013

ENGEL v. VITALE 370 U.S. 421 (1962)

CONSTITUTION and BY-LAWS OF THE CENTRAL MANOR CHURCH OF GOD PREAMBLE

Two Views of the Relationship of Church and State. Overview:

Galileo Galilei Sir Isaac Newton Laws of Gravity & Motion UNLOCKE YOUR MIND

BYLAWS. The Rock of the Christian and Missionary Alliance

BYLAWS THE SUMMIT CHURCH HOMESTEAD HEIGHTS BAPTIST CHURCH, INC. PREAMBLE ARTICLE I NAME

Do Now. Was the colony of Jamestown, Virginia an instant success or a work in progress? Explain.

Jefferson speaks. leonard S. Kenworthll. Copyrisht 1950

In groups of 3 ID the 4 key principles about rights and the purpose of government that are given in this section from the Declaration of Independence.

The Age of Enlightenment: Philosophes

Human Rights, Equality and the Judiciary: An Interview with Baroness Hale of Richmond

AP United States History 2009 Free-Response Questions

Religious Liberty and the Founding. A Reader Compiled by Tony Williams

Notice that this group was absorbed into the republican party. What of the democrats?

CONTEMPORARY MORAL PROBLEMS LECTURE 14 CAPITAL PUNISHMENT PART 2

Reconstructing Arguments 1. Reconstructing Arguments 3. Reconstructing Arguments 2. HW #4 is due on Thursday Longer than usual (and on ch.

Waukesha Bible Church Constitution

Republicanism and American Exceptionalism

The Nature and Importance of the Declaration. of Independence to the United States Constitution

The parties. The decision of Chisholm J in 2012

LONG ISLAND ABUNDANT LIFE CHURCH HICKSVILLE, NEW YORK. This church shall be known as the Long Island Abundant Life Church.

The Anti-Enlightenment: Edmund Burke ( )

George ORWELL, Nineteen Eighty-Four, chapter 5, 1949 Edition Penguin Books, Great Britain, 1983, pp.48-50

Lockean Liberalism and the American Revolution

Charles Dickens A Tale of Two Cities

Bylaws of Westoak Woods Baptist Church

FORM OF GOVERNMENT, PAR. 44. A paper on the Doctrine of the Diaconate.

PRIESTLEY ( )

The Timely Justice Act: Is it Fair Justice. Florida also leads the nation in the number of exonerations from death row, twenty-four to be exact

HISTORY OF THE CHURCH: LESSON 4 RELIGIOUS CLIMATE IN AMERICA BEFORE A.D. 1800

Reformation, Renaissance, and Exploration. Unit Test

CONSTITUTION OF THE NORTHWEST WISCONSIN ASSOCIATION UNITED CHURCH OF CHRIST

Look people. Pay attention. The place of birth has absolutely nothing at all to do

Jerusalem, played here, on this stage, the

"NOTES of certain decisions in the General Court, District Courts, and

Heritage Herald Reclaiming Our Christian American Heritage

HISTOR Y FALL RIVER, WITH NOTICES OF FREETOWN AND TIVERTON, AS PUBLISHED IN 1841, BY REV. ORIN FOWLER, A. M.,

Transcription:

Excerpts from the writings of Thomas Jefferson Please read the following excerpts from the writings of Thomas Jefferson, paying careful attention to his discussion of experiment and experimentation in these excerpts. What role does experimentation play in the issues Jefferson is considering in these writings? How does one experiment? Why does one experiment?

Excerpt from the Transcript of the Declaration of Independence (1776) Available at: https://www.archives.gov/founding-docs/declaration-transcript The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, -- That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Thomas Jefferson, Notes on the State of Virginia (1781-1783) Available at: Thomas Jefferson, The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam s Sons, 1904-5). Vol. 4. 7/5/2017. http://oll.libertyfund.org/titles/756#jefferson_0054-04_43 Excerpt from Query XIII: The constitution of the State and its several charters? This [Virginia] constitution was formed when we were new and unexperienced in the science of government. It was the first, too, which was formed in the whole United States. No wonder then that time and trial have discovered very capital defects in it.

Excerpt from Thomas Jefferson, Autobiography Available at: Thomas Jefferson, The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam s Sons, 1904-5). Vol. 1. 7/5/2017. http://oll.libertyfund.org/titles/800#jefferson_0054-01_162 [Note: In the following excerpt, Jefferson discusses his work on the committee that revised the law of Virginia following the Declaration of Independence.] When I left Congress, in 76. it was in the persuasion that our whole code must be reviewed, adapted to our republican form of government, and, now that we [67] had no negatives of Councils, Governors & Kings to restrain us from doing right, that it should be corrected, in all it s parts, with a single eye to reason, & the good of those for whose government it was framed. Early therefore1 in the session of 76. to which I returned, I moved and presented a bill for the revision of the laws; which was passed on the 24th. of October, and on the 5th. of November Mr. Pendleton, Mr. Wythe, George Mason, 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, on the 13th. of January 1777. The first question was whether we 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 antient things, was for the former proposition, in which he was joined by Mr. Lee. To this it was objected that to abrogate our 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 meant we should now do the same, only including the British statutes 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 [68] undertaking, of vast research, of great consideration & judgment; and when reduced to a text, every word of that text, from the imperfection of human language, and it s incompetence to express distinctly every shade of idea, would become a subject of question & 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 & commentaries; and that no one of us probably would undertake such a work, which, to be systematical, must be the work of one hand. This last was the opinion of Mr. Wythe, Mr. Mason & myself. When we proceeded to the distribution of the work, Mr. Mason excused himself as, being no lawyer, he felt himself unqualified for the work, and he resigned soon after. Mr. Lee excused himself on the same ground, 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; 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, & the criminal law fell of course

within my portion, I wished the commee to settle the leading principles of these, as a guide for me in framing them. And with respect to the first, I proposed to abolish the law of primogeniture, and to make real estate descendible in parcenary to the next of kin, as personal property is by the statute of distribution. [69] Mr. Pendleton wished to preserve the right of primogeniture, but seeing at once that that could not prevail, he proposed we should adopt the Hebrew principle, and give a double portion to the elder son. I observed that if the eldest 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 & wants, with his brothers and sisters, he should be on a par also in the partition of the patrimony, and such was the decision of the other members. On the subject of the Criminal law, all were agreed that the punishment of death should be abolished, except for treason and murder; and that, for other felonies should be substituted hard labor in the public works, and in some cases, the Lex talionis. How this last revolting principle 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 antient people. But the modern mind had left it far in the rear of it s advances. These points however being settled, we repaired to our respective homes for the preparation of the work.

Excerpts from Thomas Jefferson, Autobiography Available at: Thomas Jefferson, The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam s Sons, 1904-5). Vol. 1. 7/5/2017. http://oll.libertyfund.org/titles/800#jefferson_0054-01_163 and http://oll.libertyfund.org/titles/800#jefferson_0054-01_164 [Note: In the following excerpt, Jefferson discusses his work on the committee that revised the law of Virginia following the Declaration of Independence.] On the subject of the Criminal law, all were agreed that the punishment of death should be abolished, except for treason and murder; and that, for other felonies should be substituted hard labor in the public works, and in some cases, the Lex talionis. How this last revolting principle 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 antient people. But the modern mind had left it far in the rear of it s advances. These points however being settled, we repaired to our respective homes for the preparation of the work. *** Beccaria and other writers on crimes and punishments had satisfied the reasonable world of the unrightfulness and inefficacy of the punishment of crimes by death; and hard labor on roads, canals and other public works, had been suggested as a proper substitute. The Revisors had adopted these [72]opinions; but the general idea of our country had not yet advanced to that point. The bill therefore for proportioning crimes and punishments was lost in the House of Delegates by a majority of a single vote.1 I learnt afterwards that the substitute of hard labor in public was tried (I believe it was in Pennsylvania) without success. Exhibited as a public spectacle, with shaved heads and mean clothing, working on the high roads produced in the criminals such a prostration of character, such an abandonment of self-respect, as, instead of reforming, plunged them into the most desperate & hardened depravity of morals and character. To pursue the subject of this law. I was written to in 1785 (being then in Paris) by Directors appointed to superintend the building of a Capitol in Richmond, to advise them as to a plan, and to add to it one of a prison.... [Jefferson then details his architectural plans.] With respect to the plan of a Prison, requested at the same time, I had heard of a benevolent society in England which had been indulged by the government in an experiment of the effect of labor in solitary confinement on some of their criminals, which experiment had succeeded beyond expectation. The same idea had been suggested in France, and an Architect of Lyons had proposed a plan of a well contrived edifice on the principle of solitary confinement. I procured a copy, and as it was too large [74] for our purposes, I drew one on a scale, less extensive, but susceptible of additions as they should be wanting. This I sent to the Directors instead of a plan of a

common prison, in the hope that it would suggest the idea of labor in solitary confinement instead of that on the public works, which we had adopted in our Revised Code. It s principle accordingly, but not it s exact form, was adopted by Latrobe in carrying the plan into execution, by the erection of what is now called the Penitentiary, built under his direction. In the meanwhile the public opinion was ripening by time, by reflection, and by the example of Pensylva, where labor on the highways had been tried without approbation from 1786 to 89. & had been followed by their Penitentiary system on the principle of confinement and labor, which was proceeding auspiciously. In 1796. our legislature resumed the subject and passed the law for amending the Penal laws of the commonwealth. They adopted solitary, instead of public labor, established a gradation in the duration of the confinement, approximated the style of the law more to the modern usage, and instead of the settled distinctions of murder & manslaughter, preserved in my bill, they introduced the new terms of murder in the 1st & 2d degree. Whether these have produced more or fewer questions of definition I am not sufficiently informed of our judiciary transactions to say. I will here however insert the text of my bill, with the notes I made in the course of my researches into the subject.1

Excerpt from Thomas Jefferson, Notes on the State of Virginia (1781-1783) Available at: Thomas Jefferson, The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam s Sons, 1904-5). Vol. 4. 7/5/2017. http://oll.libertyfund.org/titles/756#jefferson_0054-04_106 Query XVII: The different religions received into that state? *** The present state of our laws on the subject of religion is this. The convention of May 1776, in their [Virginia] declaration of rights, declared it to be a truth, and a natural right, that the exercise of religion should be free; but when they proceeded to form on that declaration the ordinance of government, instead of taking up every principle declared [290] in the bill of rights, and guarding it by legislative sanction, they passed over that which asserted our religious rights, leaving them as they found them. *** Our sister states of Pennsylvania [296] and New York, however, have long subsisted without any establishment at all. The experiment was new and doubtful when they made it. It has answered beyond conception. They flourish infinitely. Religion is well supported; of various kinds indeed, but all good enough; all sufficient to preserve peace and order: or if a sect arises whose tenets would subvert morals, [81] good sense has fair play, and reasons and laughs it out of doors, without suffering the state to be troubled with it. They do not hang more male-factors than we do. They are not more disturbed with religious dissentions. On the contrary, their harmony is unparallelled, and can be ascribed to nothing but their unbounded tolerance, because there is no other circumstance in which they differ from every nation on earth. They have made the happy discovery, that the way to silence religious disputes, is to take no notice of them. Let us too give this experiment fair play, and get rid, while we may, of those tyrannical laws. It is true we are as yet secured against them by the spirit of the times. I doubt whether the people of this country would suffer an execution for heresy, or a three years imprisonment for not [297] comprehending the mysteries of the trinity. But is the spirit of the people an infallible, a permanent reliance? Is it government? Is this the kind of protection we receive in return for the rights we give up? Besides, the spirit of the times may alter, will alter. Our rulers will become corrupt, our people careless. A single zealot may commence persecuter, and better men be his victims. It can never be too often repeated, that the time for fixing every essential right on a legal basis is while our rulers are honest, and ourselves united. From the conclusion of this war we shall be going down hill. It will not then be necessary to resort every moment to the people for support. They will be forgotten therefore, and their rights disregarded. They will forget themselves, but in the [82] sole faculty of making money, and will never think of uniting to effect a due respect for their rights. The shackles, therefore, which shall not be knocked off at the conclusion of this war, will remain on us long, will be made heavier and heavier, till our rights shall revive or expire in a convulsion. [298]