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ignorance。 Yet surely the list of unequivocal diseases & remedies is
capable of enlargement； and it is still more certain that in the
other branches of science； great fields are yet to be explored to
which our faculties are equal； & that to an extent of which we cannot
fix the limits。 I join you therefore in branding as cowardly the
idea that the human mind is incapable of further advances。 This is
precisely the doctrine which the present despots of the earth are
inculcating； & their friends here re…echoing； & applying especially
to religion & politics； ‘that it is not probable that any thing
better will be discovered than what was known to our fathers。' We are
to look backwards then & not forwards for the improvement of science；
& to find it amidst feudal barbarisms and the fires of Spital…fields。
But thank heaven the American mind is already too much opened； to
listen to these impostures； and while the art of printing is left to
us； science can never be retrograde； what is once acquired of real
knowlege can never be lost。 To preserve the freedom of the human
mind then & freedom of the press； every spirit should be ready to
devote itself to martyrdom； for as long as we may think as we will； &
speak as we think； the condition of man will proceed in improvement。
The generation which is going off the stage has deserved well of
mankind for the struggles it has made； & for having arrested that
course of despotism which had overwhelmed the world for thousands &
thousands of years。 If there seems to be danger that the ground they
have gained will be lost again； that danger comes from the generation
your cotemporary。 But that the enthusiasm which characterises youth
should lift its parricide hands against freedom & science； would be
such a monstrous phaenomenon as I cannot place among possible things
in this age & this country。 Your college at least has shewn itself
incapable of it； and if the youth of any other place have seemed to
rally under other banners it has been from delusions which they will
soon dissipate。 I shall be happy to hear from you from time to time；
& of your progress in study； and to be useful to you in whatever is
in my power； being with sincere esteem Dear Sir your friend & servt
COMMON LAW AND THE WILL OF THE NATION
_To Edmund Randolph_
_Monticello； Aug。 18； 1799_
DEAR SIR； I received only two days ago your favor of the
12th； and as it was on the eve of the return of our post； it was not
possible to make so prompt a despatch of the answer。 Of all the
doctrines which have ever been broached by the federal government；
the novel one； of the common law being in force & cognizable as an
existing law in their courts； is to me the most formidable。 All
their other assumptions of un…given powers have been in the detail。
The bank law； the treaty doctrine； the sedition act； alien act； the
undertaking to change the state laws of evidence in the state courts
by certain parts of the stamp act； &c。； &c。； have been solitary；
unconsequential； timid things； in comparison with the audacious；
barefaced and sweeping pretension to a system of law for theU S；
without the adoption of their legislature； and so infinitively beyond
their power to adopt。 If this assumption be yielded to； the state
courts may be shut up； as there will then be nothing to hinder
citizens of the same state suing each other in the federal courts in
every case； as on a bond for instance； because the common law obliges
payment of it； & the common law they say is their law。 I am happy
you have taken up the subject； & I have carefully perused &
considered the notes you enclosed； and find but a single paragraph
which I do not approve。 It is that wherein （page 2。） you say； that
laws being emanations from the legislative department； &； when once
enacted； continuing in force from a presumption that their will so
continues； that that presumption fails & the laws of course fall； on
the destruction of that legislative department。 I do not think this
is the true bottom on which laws & the administering them rest。 The
whole body of the nation is the sovereign legislative； judiciary and
executive power for itself。 The inconvenience of meeting to exercise
these powers in person； and their inaptitude to exercise them； induce
them to appoint special organs to declare their legislative will； to
judge & to execute it。 It is the will of the nation which makes the
law obligatory； it is their will which creates or annihilates the
organ which is to declare & announce it。 They may do it by a single
person； as an Emperor of Russia； （constituting his declarations
evidence of their will；） or by a few persons； as the Aristocracy of
Venice； or by a complication of councils； as in our former regal
government； or our present republican one。 The law being law because
it is the will of the nation； is not changed by their changing the
organ through which they chuse to announce their future will； no more
than the acts I have done by one attorney lose their obligation by my
changing or discontinuing that attorney。 This doctrine has been； in
a certain degree sanctioned by the federal executive。 For it is
precisely that on which the continuance of obligation from our treaty
with France was established； and the doctrine was particularly
developed in a letter to Gouverneur Morris； written with the
approbation of President Washington and his cabinet。 Mercer once
prevailed on the Virginia Assembly to declare a different doctrine in
some resolutions。 These met universal disapprobation in this； as
well as the other States； and if I mistake not； a subsequent Assembly
did something to do away the authority of their former unguarded
resolutions。 In this case； as in all others； the true principle will
be quite as effectual to establish the just deductions； for before
the revolution； the nation of Virginia had； by the organs they then
thought proper to constitute； established a system of laws； which
they divided into three denominations of 1； common law； 2； statute
law； 3； Chancery： or if you please； into two only； of 1； common law；
2； Chancery。 When； by the declaration of Independence； they chose to
abolish their former organs of declaring their will； the acts of will
already formally & constitutionally declared； remained untouched。
For the nation was not dissolved； was not annihilated； it's will；
therefore； remained in full vigor； and on the establishing the new
organs； first of a convention； & afterwards a more complicated
legislature； the old acts of national will continued in force； until
the nation should； by its new organs； declare it's will changed。 The
common law； therefore； which was not in force when we landed here；
nor till we had formed ourselves into a nation； and had manifested by
the organs we constituted that the common law was to be our law；
continued to be our law； because the nation continued in being； &