he, 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 permit 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.

Th: Jefferson.

LETTER CV.--TO COLONEL WILLIAM DUANE, October 1, 1812

TO COLONEL WILLIAM DUANE.

Monticello, October 1, 1812.

Dear Sir,

Your favor of September the 20th has been duly received, and I cannot
but be gratified by the assurance it expresses, that my aid in the
councils of our government would increase the public confidence in them;
because it admits an inference that they have approved of the course
pursued, when I heretofore bore a part in those councils. I profess,
too, so much of the Roman principle, as to deem it honorable for the
general of yesterday to act as a corporal to-day, if his services can be
useful to his country; holding that to be false pride, which postpones
the public good to any private or personal considerations. But I am
past service. The hand of age is upon me. The decay of bodily faculties
apprizes me that th