Notes on Senate Debates, [after 5 March 1800]
Notes on Senate Debates
[after 5 Mch. 1800]
1800. March. heretical doctrines maintained in Senate.
- on the motion against the Aurora. that there is in every legal1 body of men a right of self preservation authorising them to do whatever is necessary for that purpose. by Tracy, Read, & Laurence.
- that the common law authorises the proceeding proposed agt. the Aurora, & is in force here. by Read.
- that the privileges of Congress are and ought to be indefinite. by Read.
- Tracy sais he would not say exactly that the Common law of England in all it’s extent is in force here: but common sense, reason, & morality, which are the foundations of the Common law, are in force here and establish a common law. he held himself so nearly half way between the Common law of England and what every body else has called Natural law, & not Common law, that he could hold to either the one or the other as he should find expedient.
MS (DLC: TJ Papers, 108:18558); entirely in TJ’s hand; added, along with Notes on Senate Debates at 19 Mch., in a minuscule hand at bottom of sheet following Notes on a Conversation with Benjamin Rush, 1 Feb. 1800.
Every legal body: Senator Uriah Tracy of Connecticut commented on 5 Mch. in debate on the Aurora that every public body of necessity had a right to “the principle of self-preservation” ( , 10:87). See also TJ’s refutation of the notion of “self-preservation” in , 360–1.
1. Word interlined.