term common law began to be used in a third sense, as
the correlative of chancery law. This, however, having been long after
Prisot's time, could not have been the sense in which he used the term.
He must have meant the ancient _lex, non scripta_, because, had he used
it as inclusive of the _lex scripta_, he would have put his finger on
the statute which had enjoined on the judges a deference to the laws of
holy church. But no such statute existing, he must have referred to the
common law in the sense of a _lex non scripta_. Whenever, then, the term
common law is used in either of these senses, and it is never employed
in any other, it is readily known in which of them by the context and
subject matter under consideration; which, in the present case, leave no
room for doubt. I do not remember the occasion which led me to take up
this subject, while a practitioner of the law. But I know I went into
it with all the research which a very copious law library enabled me to
indulge; and 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, and perhaps I have
already gone further than the feeble doubt you expressed might require,
I salute you with great esteem and respect.
Th: Jefferson.
LETTER CLXXXIV.--TO JOSEPH C. CABELL, January 11, 1825
TO JOSEPH C. CABELL.
Monticello, January 11, 1825.
Dear Sir,
We are dreadfully nonplussed here by the non-arrival of our three
Professors. We apprehend that the idea of our opening on the 1st of
February prevails so much abroad (although we have always mentioned
it doubtfully), as that the students will assemble on that day without
awaiting the further notice which was promised. To send them away
will be discouraging, and to open an University without Mathematics or
Natural Philosophy would bring on us ridicule and disgrace. We
therefore publish an advertisement, stating that on the arrival of these
Professors, notice will be given of the day of opening the institution.
Governor Barbour writes me hopefully of getting our fifty thousand
dollars from Congress. The proposition has been originated in the House
of Representatives, referred to the committee of claims, the chairman
of which has prepared a very favo
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