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Note, Page 10.

“IT is to this idol (oeconomy) that the third
branch of the government is to be offered up in one
shape or another. For what is it whether a judge is
broke upon the bench, or has his neck broke upon
the roads.”

That is, whether he is broke of his commission on
trial, or has his neck broke through oeconomy, which resists
such an organization, as to admit of less riding.
It is not the idea that the breaking is for the sake of
oeconomy, for others being appointed in the room of
those removed, it could reduce no expence. This explanation
is made to prevent the captious from applying
it to the impeachment now depending.

The common law—note page —

I once heard a senator of the United States, in a
speech in the senate chamber, define this to be common
sense. This senator was said to have been bred
to the law; but this proved that he was no great lawyer.
Common sense, or reason, doubtless, is a ground
of the common law, and the great test of the application
of its principles, to the cases that occur in the
relations and transactions of men; but it is more than
common sense, otherwise, the knowledge of it would be
possessed by all men in proportion as they had common
sense. It is not an easy thing to explain to the
common mind, what the common law is; nor does it
seem to be understood, even by literary men who
have not made it a particular study. I observe that

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even journalists of great acuteness of mind hold it out as
a grievance in these commonwealths; whereas it is
considered by sages of other countries, as the best system
of jurisprudence the world ever saw. Our British
ancestors, and those of the present day in those
islands, consider it as the most valuable thing they
possess, and which they would not give up but with
their lives. If Ireland had acquired liberty, in the
life time of Tone, or Emmet, what would they have
thought of their countrymen, talking of throwing aside
the common law? That law for the perfect enjoyment
of which they had contended, and the abridgement of
which they considered as a deprivation of liberty.
For equality of representation is a principle of the common
law. This law is moral, judicial, and political.

Where is the common law to be found? You will
get a pretty good view of it in Blackstones Commentaries;
but could we not employ a few wise men,
such as perhaps we might find in the state of Pennsylvania,
to make a code entirely new, and by an act of the
legislature declare it law? Thus, laying aside the common
law, just as if no such system had ever existed.
The thing is impossible. For it is the experience of
man, that has begot it. It is human society exerting
itself in transactions; and human reason applying itself
to those, so that the rule of the case may be setled,
that constitutes a great part of this law. Shall
we lose the benefit of the wisdom of those before us,
in the most difficult of all concerns, the administration
of justice, while we consider it prudent to retain
the advantage of other labours, and attainments which
have been transmitted to us?

But why are the principles of this, or any other
law so extensive? Because the relations, and transactions
of men are extensive. The relation of parent
and child, master and servant, principal and agent,
buyer and seller, magistrate and citizen. Why should
I enumerate? The chapters would fill pages, and
each make a book.

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But have our constitutions carried with them this
law; or do they not supersede or render it unnecessary?
What are the constitutions of the individual
states more than an outline filled up by the common law?
That of the United States itself, which is but a confederation,
draws with the organization, such portions
of the common law, as belong to those parts of the
machine which have been taken from a government of
which the common law made a part.

The common law, is a system of reason and justice,
and a most valuable possession. The abridging
it or changing a principle, is dangerous. It requires
the hand of a workman who knows every pin in the
building, and can tell what to substitute, in the place
of that which is taken away.

Note, Page 203.

“My situation, and the motives of my conduct.”

This refers to my letter to the speaker of the house
of representatives, which has been before the public,
and is as follows: