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James A. Fagin
 School Crime Data 59
State Surveys and Self-Reports 59
Caution: Crime Statistics, Public Safety, and Predicting the Future 60
The Other Side of Crime: Victimology 60
The Demographics of Criminal Victimization 60
Situational Characteristics of Victimization 61
Theoretical Explanations for Victimization 61
Victim-Precipitation Theories 62
Lifestyle Theories of Victimization 62
Differential Association 62
Routine Activities Theory 63
Rational Choice Theory of Victimization 63
The Victims’ Rights Movement 64
Crime Victims’ Rights Act of 2004 66
Civil Remedies for Victims 66
THE CASE: Drug Addiction as a Victimless Crime 68
Summary and Key Concepts 69

CHAPTER 4 Criminal Law: Crimes and the Limits of Law 71

The Rule of Law: We the People 72
The Making of Law 73
Federal Criminal Laws 73
State Criminal Laws 74
Local Criminal Laws 74
The Limitations of Law 75
Elements of a Crime 77
Strict Liability 77
Incomplete Crimes or Inchoate Offenses 78
Criminal Defenses 80
Overview of Defenses 83
Crimes by Law 83
Criminal Law and Social Behavior 85
THE CASE: Cultural Values and LGBT Anti-discrimination Rights 87
Summary and Key Concepts 88

CHAPTER 5 An Overview of Law Enforcement: History, Agencies,

Personnel, and Strategies 91
Development of Policing 92
Contemporary Policing 92
Federal Law Enforcement 93
Federal Jurisdiction and Police Powers 94
Other Federal Law Enforcement Agencies 99
The State Police 99

Contents vii
 Highway Patrol 99
Criminal Investigation 100
County Law Enforcement Agencies 101
Administrative Structure of the Sheriff’s Department 101
The City Police: “The Cops” 102
Jurisdiction of Local Police 103
Roles of Local Law Enforcement 103
Administrative Structure of the Municipal Police 104
Selection of Police Officers and Career Paths 105
Law Enforcement Education Program 105
The Police Academy and In-Service Training 106
Career Paths 107
Unique Aspects of Employment in Law Enforcement 108
Geography and Shift Work 108
Stress and Danger 109
Special Police and Private Protection Services 110
Special Police 110
Private Protection Services 110
Operational Strategies 111
Team Policing 111
Community Policing 112
Conclusion: Beyond History 114
THE CASE: The Next Generation Identification System: Friend or Foe? 115
Summary and Key Concepts 117

CHAPTER 6 Oversight and Professionalism of Law Enforcement 120

Professionalism and Oversight 121
What Is Professionalism? 121
Strategies to Promote Professionalism 122
External Oversight of the Police 124
Rules of Evidence 125
The Exclusionary Rule 125
Fruit of the Poisoned Tree Doctrine 125
Application to State Courts: Mapp v. Ohio 126
Exceptions to the Exclusionary Rule 126
Search and Seizure 127
The Fourth Amendment and the Right to Privacy 127
DNA Searches 128
Search Incident to Lawful Arrest 129
Plain-View Searches 129
Consent to Search 129
Search of Automobiles 130
Search of Persons 131

viii Contents
 Other Exceptions to the Warrant Requirement 131
Public Safety Exceptions 132
The Good Faith Exception 132
Issues of Privacy 133
Arrest 133
Interrogations and Confessions 134
Waiver of Rights 134
Use of Physical Punishment and Pain 134
The Right to an Attorney 134
Delayed Court Appearance 135
Limits on Deception 135
Miranda Rights 135
Right to Remain Silent 136
Police Lineups 136
Juveniles 136
Law Enforcement Misconduct 137
Use of Force 137
Misconduct and Law Enforcement 139
Racial Profiling 139
Entrapment 141
Remedies for Law Enforcement Misconduct 142
Intelligence Gathering 143
Intelligence Gathering and the War on Terrorism 143
Interrogations and the War on Terrorism 143
Conclusion: Good, but Could Be Better 144
THE CASE: The Promise and Challenge of Police Body Cameras 145
Summary and Key Concepts 147

CHAPTER 7 The Court System 150

Foundation and Structure of the Judicial System 151
Dual Court System 152
Civil versus Criminal Law 153
Comparison of Civil and Criminal Courts 153
The Federal Court System 154
Overview of the Federal Court System 155
U.S. Courts of Appeal 157
Organization of the Federal Courts 158
The U.S. Supreme Court 158
Structure and Function of the State Courts 162
Courts of Limited Jurisdiction 162
Courts of General Jurisdiction 163
Appellate Courts 163
Courts of Last Resort 164

Contents ix
 Conclusion—A Framework for the Rule of Law 164
THE CASE: Judicial Independence 165
Summary and Key Concepts 166

CHAPTER 8 Courtroom Participants and the Trial 168

The Adjudication Process 169
Jurisdiction 170
Trials in Courts of Limited Jurisdiction 170
Trials in Courts of General Jurisdiction and Federal District Courts 170
Charges and Proceedings before Trial 171
Determining the Charges: The Police and the Prosecutor 171
Competency to Stand Trial 173
Bail 174
Excessive Bail 175
Denial of Bail 175
Discrimination Against the Poor 175
The Bail Bonds Agent 175
Bond Jumpers and Bounty Hunters 176
Alternatives to Cash Bond 176
Pros and Cons of Bail 177
Plea Bargaining 177
Time and Cost 177
Community Interest 177
Clearing Cases 177
Questionable Confidence in the Case 177
Initiation of Plea Bargaining 178
Sentence Bargaining 178
Effective Counsel in Plea-Bargaining Law 178
The Right to a Speedy Trial 179
The Sixth Amendment Right to a Speedy Trial 179
The Speedy Trial Act of 1974 181
Rules of Evidence 181
Duties and Rights of Participants 182
Power of the Judge 182
Bench Trial 182
Courtroom Security 182
The Defendant 183
Indigent Defendants 183
Jury Service 183
Conclusion: Justice Is the Goal 184
THE CASE: Exclusion of African–Americans from Juries 185
Summary and Key Concepts 187

x Contents
CHAPTER 9 Sentencing 190
Purpose of Criminal Sanctions 191
Sentencing Philosophies 192
Deterrence 192
Incapacitation 194
Retribution 195
Rehabilitation 195
Restorative Justice 195
The Special Case of Offenders with Mental Illness 196
Defining Insanity 196
The Insanity Defense Reform Act of 1984 197
State Courts and the Insanity Plea 197
Public Fear of the Insanity Plea 197
A Fair Sentence 197
Laws 198
Judges 198
Concerns About the Election of State Judges 198
Prosecutors 199
Defense Attorneys 199
Juries 199
Presentence Investigation Report 199
The Offender’s Background and Attitude 200
Sentencing Hearing and Victim Impact Statements 200
Sentencing Models 201
Sentencing Models 201
Determinate versus Indeterminate Sentencing 201
Mandatory Sentencing and Habitual Offender Laws 201
Sentencing Guidelines 203
Presumptive Sentencing 203
Truth in Sentencing 204
Sentencing and the Death Penalty 205
The Death Penalty and Abolitionists 205
The Death Penalty and Civil Rights 207
Challenges to the Death Penalty 207
Reconsideration of the Death Penalty 208
Conclusion: The Debate Continues 213
THE CASE: Lenient Sentence for Campus Rape? 214
Summary and Key Concepts 215

CHAPTER 10 Jails and Prisons 218

Development of American Jails and Prisons 219
Early Jail Conditions 219

Contents xi
 Reform at Last: The Walnut Street Jail 220
Bigger Is Better: Eastern State Penitentiary 220
The Auburn System 221
Southern Penal Systems 222
The Contemporary Correctional System 223
Highest Incarceration Rate in the World 223
Nonviolent Offenders 224
Causes of High Incarceration Rates 224
The Rising Cost of Incarceration 224
Jails 226
Short-Term Facilities 226
Municipal Jails 229
State Prisons 229
Prisoner Classification 230
Special Prison Populations 232
Mental Stability 232
Institutional Racism and Incarceration 234
Federal Prisons 235
The Federal Bureau of Prisons (BOP) 235
Federal Correctional Facilities 236
Privatization 238
Cost-Reduction Benefits 238
Criticisms of Privatization 238
Detriments to the Surrounding Community 239
State Liability 239
Escaped Prisoners 239
Prison Life 239
Sexual Violence in Prisons 239
Prison Gangs 240
Physical Health in Prisons 241
Mental Health in Prisons 243
Prison Violence 245
Conclusion: Prison—The Human Cage 245
THE CASE: Rikers Island: Culture of Abuse 246
Summary and Key Concepts 248

CHAPTER 11 Probation and Parole 251

States Turn to Diversion, Probation, and Parole 252
Diversion and Probation 253
Parole 253
Probation 255
Probation Services 256
Decision to Grant Probation 256

xii Contents
 Pros and Cons of Probation 257
Decision to Revoke Probation and Due Process Rights 258
Parole 259
Parole d’Honneur 259
The Mark System 259
The Irish System 259
Pros and Cons of Parole 259
States That Have Abolished Discretionary Release 260
State and Federal Parole Boards 263
The Parole Hearing 264
Conditions of Parole 266
Revocation of Parole 266
Supervision of Probation and Parole 267
Social Work and Rehabilitation Skills 267
Measures of Success 268
Conclusion: You Can Lead a Horse to Water, But . . . 269
THE CASE: Too Dangerous to Release? 270
Summary and Key Concepts 272

CHAPTER 12 Corrections in the Community 274

Early Release and Financial Crisis 275
Why Intermediate Sentences? 276
Huge Expense and Number of Prisoners 276
Record Numbers of Released Prisoners 277
Incarceration Fails to Prepare Offenders for Reentry 277
Concern for Community Safety 279
Intermediate Sanctions and Community Corrections 279
Intensive Probation Supervision (IPS) 280
Split Sentencing and Shock Probation 281
Shock Incarceration: Boot Camps 282
Home Confinement and Electronic Monitoring 283
Reentry Programs: Preparing Offenders to Take Responsibility 285
Faith-Based Programs 285
Work Release 285
Education Release 287
Halfway Houses 287
Day Reporting Centers 288
Reentry Programs for Drug Offenders 289
Adult Drug Courts 289
Tribal Drug Courts 290
TASC and RSAT 291
Conclusion: Try, Try Again 291
THE CASE: College Education for Offenders 293
Summary and Key Concepts 295

Contents xiii
 CHAPTER 13 The Juvenile Justice System 297
A Changing View of Young Offenders 298
Development of the Juvenile Justice System 299
Before There Was a Juvenile Justice System 299
Foundations of the Juvenile Justice System 300
The Jurisdiction of the Juvenile Justice System 302
Classification of Juvenile Offenders 302
Due Process for Juveniles 303
Kent v. United States—Waiver Hearing Rights 303
In re Gault—Due Process Rights 303
In re Winship—Burden of Proof 304
McKeiver v. Pennsylvania—Right to Jury Trial 304
Breed v. Jones—Double Jeopardy 305
Schall v. Martin—The Right to Bail 305
The Juvenile Court 305
Separation of Juveniles and Adults 305
Community-Based Facilities 306
Treatment of Minority Juveniles 306
Judicial Waiver: Abandoning the Great Experiment 306
Mens Rea and Youthful Violent Offenders 306
Adjudication for the Juvenile Offender 309
Classification of Processing 309
Intake 309
Deciding between Juvenile and Adult Jurisdiction 310
The Juvenile Intake Officer: Gatekeeper and Counselor 311
Formal Processing 312
Adjudication 312
Detention and Probation (Aftercare) 313
Juvenile Death Penalty 314
The Juvenile as Offender 316
Sociological Explanations 316
OJJDP’s Study Group on Very Young Offenders 317
Youth Gangs 319
Juvenile Substance Abuse 321
Schools and Juvenile Violence 322
Strategies for Safe Schools 322
Responding to Violence on School Property 323
Firearms and School Shootings 323
Reducing Bullying 324
Police Presence on School Campuses 325
Some School Safety Programs Create New Problems 326
The Juvenile as Victim 328

xiv Contents
Conclusion: Innocence Lost? 328
THE CASE: Native American Juvenile Detention Facilities 330
Summary and Key Concepts 332

CHAPTER 14 Homeland Security 335

Terrorism, Homeland Security, and the Criminal Justice System 336
What Is Terrorism? 336
Terrorism and the Criminal Justice System 337
Terrorist Tactics 337
Domestic and International Terrorism 338
September 11, 2001: The Tipping Point 340
Capacity of State and Local Criminal Justice Systems Questioned 341
The New Federalism for Counterterrorism 341
Department of Homeland Security: Building a Better Defense 341
Multiple Agency Coordination 344
United States Government Interagency Domestic Terrorism Concept of
Operations Plan 344
First Responders 344
Intelligence and Homeland Security 346
Historic Separation of FBI and CIA 346
Post–September 11, 2001, Intelligence Reforms 346
Joint Local–Federal Counterterrorism Task Forces 347
Informal Intelligence Networks 347
Fusion Centers 347
Local Law Enforcement Intelligence Units 347
Expanding Federal Law Enforcement Powers to Fight Terrorism 348
Enemy Combatant Executive Order 348
The USA PATRIOT Act 350
Fortress Urbanism: Terror-Focused Policing 352
Homeland Defense: Straining Police Resources 352
Terrorist Threat Advisories 353
Border Security and Immigration 353
Sealing the Borders 353
Immigration Control and Enforcement 354
State and Local Actions to Curtail Illegal Immigration 356
National Identification Card 357
Securing U.S. Cyberborders 358
Civil Rights and Homeland Security 359
Fewer Liberties, Greater Security? 359
Free Speech and Protest versus Terrorism 360
Denial of Due Process 360
Killing U.S. Citizens 362

Contents xv
 Conclusion: Turning the Criminal Justice System Upside Down 362
THE CASE: The Rise of the International Lone Wolf Terrorist 364
Summary and Key Concepts 365

Reference 367
Glossary 391
Name Index 406
Subject Index 408

xvi Contents
Preface
Introducing the Justice Series • There have been significant changes in the field of criminal
justice in 2015 and 2016. And, as a result, it was necessary
and instructional designers come together
When to make over 500 changes and updates in CJ2017. These
focused on one goal—to improve student
changes have included such things as new U.S. Supreme
best-selling performance across the CJ curriculum—
Court cases, new debate about the police and its relation-
authors they come away with a groundbreaking new
ship with the minority community and new developments
series of print and digital content: the Justice
in homeland security.
Series.
Several years ago, we embarked on a journey to create • While CJ2017 has been extensively updated, it has
affordable texts that engage students without sacrificing aca- retained the same core of instructional material for each
demic rigor. We tested this new format with Fagin’s CJ2010 chapter. Thus, instructors will find that they can continue
and Schmalleger’s Criminology and received overwhelming to use instructor-produced PowerPoint slides, lecture
support from students and instructors. ­outlines, and other instructional lecture material from
The Justice Series expands this format and philosophy to ­previous editions with CJ2017. However, it may be
more core CJ and criminology courses, providing affordable, ­necessary to update certain data and graphs to reflect the
engaging instructor and student resources across the curricu- most current data.
lum. As you flip through the pages, you’ll notice that this book • CJ2017 is designed to provide an overview of the American
doesn’t rely on distracting, overly used photos to add visual criminal justice system for the undergraduate student.
appeal. Every piece of art serves a purpose—to help students
learn. Our authors and instructional designers worked tire- • CJ2017 is designed to facilitate different methods of learn-
lessly to build engaging infographics, flowcharts, and other ing by use of visual graphics and chapter features to help
visuals that flow with the body of the text, provide context and students comprehend the material.
engagement, and promote recall and understanding. • Each chapter is carefully crafted so that the topics covered
We organized our content around key learning objectives for can be customized by the instructor. This concept is
each chapter, and tied everything together in a new objective- extended with various e-book options that allow the
driven end-of-chapter layout. The content not only is engaging instructor to customize the text.
to students but also is easy to follow and focuses students on the
key learning objectives.
• CJ2017 includes coverage of current issues that have been
incorporated by use of the Chapter Introductions, Think
Although brief, affordable, and visually engaging, the Jus- About It boxes, and case studies.
tice Series is no quick, cheap way to appeal to the lowest com-
mon denominator. It’s a series of texts and support tools that are • The Think About It boxes and case studies, drawn from the
instructionally sound and student-approved. most current media news, encourage students to go beyond
memorization to explore applications, conflicts, and ethical
issues. These features can be used for online discussion board
Additional Highlights to the topics or in-class discussions or short critical thinking paper
Author’s Approach assignments.
Each instructor has his or her own teaching style and objectives and
introductory classes are offered in different formats, including ac-
• Graphs, tables, and data have been updated to reflect the
most current data available. In some cases, new graphics
celerated terms, hybrid and online classes. CJ 2017 is designed to and figures reflecting more current concerns have been
be flexible in order to be able to meet the needs of each of these for- added.
mats. Also, chapters in CJ2017 can be omitted without disrupting
the comprehensive nature and unity of the text. Thus, instructors • Learning outcomes are clearly identified for each chapter.
may choose to omit certain topics to meet their learning objectives This feature allows instructors to link the course learning
and still retain a smooth transaction from chapter to chapter. outcomes to department and university learning outcomes.
It also helps students retain the major ideas of the chapter.
New to CJ2017 Learning outcomes, glossary terms, and chapter summaries
are integrated to help students comprehend the important
CJ2017 retains the outstanding format and supplemental ma- points of the chapter.
terials associated with the Justice Series. However, there are
some exciting changes in CJ2017. Among these changes are • The timeline has been updated to include current events
the following: that have impacted the criminal justice system. This
­timeline helps students understand the historical
• The supplemental materials associated with the Justice ­development of the criminal justice system and place
Series have been enhanced, especially the alignment of events in chronological order.
learning outcomes with text material and supplements.

xvii
 Instructor Supplements
Instructor’s Manual with Test Bank Includes content outlines Within 48 hours after registering, you will receive a confirming
for classroom discussion, teaching suggestions, and answers to email, including an instructor access code. Once you have
selected end-of-chapter questions from the text. This also con- received your code, go to the site and log on for full instructions
tains a Word document version of the test bank. on downloading the materials you wish to use.
TestGen Alternate Versions
This computerized test generation system gives you maximum
eBooks This text is also available in multiple eBook formats.
flexibility in creating and administering tests on paper, electroni-
These are an exciting new choice for students looking to save
cally, or online. It provides state-of-the-art features for viewing
money. As an alternative to purchasing the printed textbook,
and editing test bank questions, dragging a selected question into a
students can purchase an electronic version of the same con-
test you are creating, and printing sleek, formatted tests in a variety
tent. With an eTextbook, students can search the text, make
of layouts. Select test items from test banks included with TestGen
notes online, print out reading assignments that incorporate lec-
for quick test creation, or write your own questions from scratch.
ture notes, and bookmark important passages for later review.
TestGen’s random generator provides the option to display differ-
For more information, visit your favorite online eBook reseller
ent text or calculated number values each time questions are used.
or visit www.mypearsonstore.com.
PowerPoint Presentations
REVEL™ is Pearson’s newest way of delivering our respected
Our presentations offer clear, straightforward. Photos, illustra-
content. Fully digital and highly engaging, REVEL replaces the
tions, charts, and tables from the book are included in the
textbook and gives students everything they need for the course.
­presentations when applicable.
Seamlessly blending text narrative, media, and assessment,
To access supplementary materials online, instructors need to REVEL enables students to read, practice, and study in one
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REVEL for CJ 2017 by Fagin

Designed for the way today’s Criminal Justice students read, exercises, watching Point/CounterPoint videos, and participating
think, and learn in shared writing (discussion board) assignments.
REVEL offers an immersive learning experience that engages stu-
dents deeply, while giving them the flexibility to learn their way. Track time-on-task throughout the course
Media interactives and assessments integrated directly within the The Performance Dashboard allows you to see how much time
narrative enable students to delve into key concepts and reflect on the class or individual students have spent reading a section or
their learning without breaking stride. d­oing an assignment, as well as points earned per assignment.
REVEL seamlessly combines the full content of Pearson’s These data help correlate study time with performance and pro-
bestselling criminal justice titles with multimedia learning vide a window into where students may be having difficulty with
tools. You assign the the material.
Author Explanatory Videos topics your students
NEW! Ever-growing Accessibility
cover. Author Explan-
Learning Management System Integration
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REVEL offers a full integration to the Blackboard Learning
cation exercises, and
Management System (LMS). Access assignments, rosters and
short quizzes engage
resources, and synchronize REVEL grades with the LMS
students and enhance
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their understanding
immersive REVEL content that fosters student engagement.
of core topics as they
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Instead of simply course materials wherever and whenever they want. With the
reading about criminal REVEL App, students can access REVEL directly from their
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xviii Preface
 Acknowledgments
The production of a major textbook provided visual illustrations of concepts. I am impressed by the
To be seen requires the talents of dozens of persons. work of Melissa Welch at Studio Montage in the high-quality
above the This is especially true of CJ2017 as it artwork and cover design for CJ2017. I am grateful for the tal-
crowd, stand is included in Pearson’s CJ Series and ents of Ratheesh P and Unnikrishnan Nair at ­iEnergizer Aptara®,
includes numerous additional instruc- Ltd. for doing a great job of getting the text ready for publica-
upon the tional resources. As author I have pro- tion. Of course, publishing a text is only the beginning of getting
shoulders of vided the fundamental input in the form the text to professors and students. I am especially appreciative
others. of text for CJ2017, but it took a team of of the efforts of the marketing team including Jesika Bethea,
highly creative and talented persons to Product Marketing Assistant. While not with the project for its
turn that text into a highly sophisticated entire length, I would like to thank Mayda Bosco, Tara H ­ orton,
textbook. The production of a high-quality text with many sup- and Susan Hannahs for their work in getting CJ2017 ready
plements requires a sizable team of talented professionals, some for launch. The text was greatly improved by the input of many
of whom I have never met face-to-face but whose contributions other dedicated publishing professionals at Pearson and the
are essential to the final product. I regret that I cannot thank every critical reviews supplied by Aaron Carver, University of Mount
person who contributed to the successful production of this text Olive; Tyler Gayan, Georgia Northwestern Technical College;
by name. The list would be way too extensive. I do extend my James Grubisic, Richard J. Daley College; Gina Robertiello,
appreciation to everyone involved in this project. There are some Felician College; Tim Robicheaux, The ­ Pennsylvania State
whom I would like to single out and mention by name because University; Diane Sjuts, Metropolitan Community College;
of their continuous input and assistance. I am especially appre- Jacqueline Smith, Kennesaw State University; Ted Wallman,
ciative of the assistance of Gary Bauer. Gary provided personal University of Northern Florida; and Cassie Walls, Greenville
support and encouragement that made CJ2017 possible. I can- Technical ­College. Finally, I would like to acknowledge the
not express enough appreciation for the tremendous job done contributions of Dr. Charles Brawner to CJ2017. Dr. Brawner
by the production team. They took my words and added graph- has provided valuable assistance to me in numerous previous
ics and a professional layout that is first-rate. Alexis Ferraro texts ranging from critical review to development. In CJ2017,
and Patrick Walsh were instrumental in developing the quality Dr. Brawner assumed a greater role as he developed all of the
and visual impact of CJ2017. Also, I appreciate the talents of end-of-chapter material and was the primary person responsible
Project ­Manager Joy Raj Deori, and Carter Smith for his efforts for developing the glossary terms and learning o­ utcomes for
matching video scripts to CJ 2017. ­Akilandeswari Arumugam the text. In this role, he provided critical development assistance
and Sohail Akhter did a magnificent job of image research and in matching text with learning outcomes and developing peda-
matching images to the text. Eby Sebastian did wonders in trans- gogical material to help reinforce learning o­ utcomes. His work
lating my descriptions into effective art work and graphics that in this area is greatly appreciated.

Preface xix
 About the Author
Dr. James A. Fagin has taught in the criminal justice field since a­ dministration, and planning to promote quality nationwide
1973. He has taught undergraduate and graduate classes and has education in criminal justice. Under the oversight of LEAA,
taught criminal justice classes for military officers at Command these model curriculums were developed by an elite team of
and General Staff College. Dr. Fagin has authored over a dozen practitioners and educators and were field-tested throughout the
criminal justice texts. One of the things that has helped United States. Dr. Fagin wrote some of the classical literature
Dr. Fagin in producing an introductory textbook is the fact that on computer crime, police bargaining and unions, presidential
he has had the opportunity to be associated with the entire spec- candidate security, domestic disturbance resolution, and hos-
trum of the criminal justice system during his career. In addition tage negotiations. His articles on international terrorism have
to his academic career, Dr. Fagin has been a professional been translated and published in major criminal justice journals
­consultant to local and federal law enforcement agencies, the in Japan. He received the American Society of Criminal Justice
state courts, and local, state, and federal correctional facilities. Hawai’i chapter’s award for outstanding contributions to Public
In additional to teaching university classes, Dr. Fagin has taught Administration for his achievement in establishing a master’s
at police and correctional academies. During his career, he has degree in public administration at Chaminade University of
been a professor of criminal justice studies and Program Honolulu. He has received numerous other awards for contribu-
Director at Lincoln College–Normal (LCN), located in Normal, tions to hotel security, forensic investigations, and excellence in
Illinois; professor and Chair of the Criminal Justice Department teaching. These works emerged from active involvement with
at Chaminade University of Honolulu, the oldest and largest federal, state, and local criminal justice agencies. Jim was a
criminal justice program in Hawaii; and assistant professor and commissioned deputy sheriff training officer and polygraph
Director of Outreach Programs at Wichita State University. In examiner for the Wyandotte County (Kansas) Sheriff’s
addition to his ­experience in criminal justice, Jim served as Department and a Commissioned Reserve Police Officer in the
Graduate School Dean at East Stroudsburg University and was Kansas City (Kansas) Police Department. He served on
Acting President of Kima International Theological College, a the Kansas Victims’ Rights Commission to help establish the
three-year ­college in Kenya, East Africa. Dr. James Fagin is a ­charter victims’ rights legislation for the state. He assisted in
pioneer in criminal justice education and has been involved in implementing the first domestic disturbance response policy for
innovative criminal justice education programs for over four the Wichita, Kansas Police Department. He received his
decades. He developed one of the early models of statewide B.A. degree from the University of Nevada, Las Vegas, and his
delivery of criminal justice undergraduate and graduate degrees M.S. and Ph.D. from Southern Illinois University–Carbondale,
for Kansas. During the developing years of criminal justice Illinois. Textbooks such as this are an ongoing work in progress,
education, Jim worked as a consultant and instructor for the and the author welcomes communication and correspondence
Law Enforcement Assistance Administration (LEAA) to about his work. Dr. Fagin can be contacted at jamesfagin@
develop model criminal justice curriculum in research, gmail.com.

xx Preface
 Introduction to
1
Criminal Justice

1 Understand the concepts of limited government powers

and checks and balances.

2 Explain the difference between the crime control model

and the due process model.

3 Describe the five stages of the criminal justice system.

4
Describe the five meta-influences upon the criminal
justice system and their influence upon the criminal
justice system.

5
Explain how the academic field of criminal justice
developed and how it differs from closely related fields
such as sociology and law.
Findlay/Alamy Stock Photo
 INTRO First Amendment Rights Versus Institutional Inequity
During the “Amherst Uprising” in the fall of 2015, hun- beliefs and have demanded limits on free speech and
dreds of students protested racial injustice and victim- intellectual dissent.
ization claiming Amherst was an institutional legacy of Critics of this protest movement argue that these stu-
white supremacy. Student protestors issued a list of dents are trying to stifle exercise of First Amendment
demands that among other things called for students freedoms and using the language of victimization inap-
who had posted “Free Speech” and “All Lives Matter” propriately. Everett Piper, President of Oklahoma Wes-
posters to undergo racial and cultural counseling and leyan University, is harsher in his criticism saying, “Our
possibly discipline.1 Protests against racism and injus- culture has actually taught our kids to be this self-
tice are widespread across American colleges. For absorbed and narcissistic. Any time their feelings are
example, in 2015, student protestors at the University hurt, they are the victims.” In response to Yale’s policies
of Missouri succeeded in ousting the school’s presi- regarding the feelings of marginalized and minority stu-
dent and at Claremont McKenna College (CA) the dean dents, critics have protested that Yale’s policies
of students resigned when she became the target of “threaten to undermine or destroy universities as a place
protesters. Student demands at Yale resulted in poli- of learning.”3 Other critics ask, “Is Yale letting in 8-year-
cies regulating the choice of Halloween costumes. At olds?” Wesleyan President Dr. Piper’s response to stu-
other colleges, play productions have been cancelled, dents claiming they “feel bad” or are “victimized” was
student newspaper defunded, and prominent com- more direct: “This is not a day care. This is a university.”
mencement speakers have been disinvited based on
the allegation that students would feel “aggrieved” or What is the balance between First
Discuss
“wounded.”2 Claiming to promote a “safe and nurtur-
ing environment,” some colleges have instituted poli-
Amendment freedoms and
cies regarding “trigger words” requiring professors to intellectual diversity and policies to
issue warning or avoid discussion of issues that may promote a safe environment for
cause students to feel marginalized or victimized. At
other colleges, students have claimed to feel victim- marginalized students and eradicate
ized when presented with opinions contrary to their institutional inequity?

▶▶Government by the People

LEARNING Most people do not need laws
Understand the con- related to the alleged offense. Finally, most people have a sense
OUTCOMES or a criminal justice system to
cepts of limited gov- of what individual freedoms and rights they believe the govern-
1 ernment powers andknow that certain actions are ment should not infringe upon.
checks and balances.
wrong. Most people recog- Philosophers and politicians have long discussed the con-
nize that murder, sexual cepts of right and wrong and the role of the government. In
assault, robbery, theft, and violence against others are wrong. Two Treaties of Government (1690), philosopher John Locke
Also, most people have a sense of what is fair and just. They argued that all human beings are endowed with what he called
know that the law should not treat people differently because of “natural rights.” These rights are given by a power higher than
their socioeconomic status, race, religion, or other factors not government and he argued people cannot be deprived of them.

TIMELINE
Timeline of Key Events
1788 1789 1791 1865 1868 1870
The Constitution Judiciary Act The first ten amendments, The The Fourteenth The Fifteenth
of the newly formed of 1789 known as the Bill of Rights, Thirteenth Amendment Amendment prohibits
U.S. government is establishes are added to the Amendment guarantees U.S. the denial of voting rights
ratified by the the U.S. U.S. Constitution. These abolishes citizenship and is the based on race, color, or
States. federal amendments are the slavery. basis for the due previous state of servitude.
judiciary. foundation of the civil process clause of civil The Fifteenth Amendment
rights and due process rights. does not extend voting
rights of citizens. rights to women, only
to men.

2 Chapter 1 Introduction to Criminal Justice

Governments exist, according to Locke, to serve individuals. or “victims” may find hurtful or offensive—especially if the
People surrender certain rights with the understanding that they discussion puts forth opinions or facts contrary to beliefs held
will receive as much, or more, in other benefits, such as safety, by the students.
order, and preservation of property rights. Locke conceded that Those opposed to the movement and the demands of the
the government must have the power of physical force to pro- students argue that these demands seek to abridge First Amend-
tect people and their property. However, this power was to be ment rights of free speech and expression of ideas. For the
balanced against the need to preserve individual liberty. most part, the requests of students seeking these changes are
When these concepts of justice and fairness are perceived denied by college administrators. At times, even alumni express
to be violated, protests and even violence can result. For exam- strong opinions against the changes and threaten to withhold
ple, in the late eighteenth century the American colonists donations if the college consents to the changes. As a result,
claimed that the British government exceeded its legitimate students hold protests and demonstrations.
powers in its governing of the colonies and in 1776 declared At the beginning of this chapter, it was said that most peo-
their independence from the British government resulting in ple have a sense of right and wrong—fair and just. What hap-
the American Revolutionary War. After successfully over- pens when there is a clash of opinions? What happens when the
throwing the British government, the former colonists estab- concern is not so clearly right or wrong such as murder or vio-
lished a new government. The founding fathers declared that lent crime? What happens when students hold an opinion in
their purpose was to establish a “more perfect union.” The prin- good faith that is opposed and denied by those in power?
ciples of this “more perfect union” were incorporated into the Society uses several means to balance conflicting rights
Declaration of Independence and the U.S. Constitution. and social values. In general, these means can be divided into
Thomas Jefferson authored the Declaration of Independence informal and formal sanctions. Informal sanctions include
and he was influenced by John Locke’s philosophy of “natural social norms that are enforced through the social forces of the
rights.” Thus, the Declaration of Independence set limits on family, school, government, and religion. These social institu-
government’s role and power. tions teach people what is expected for normative behavior. In
addition to teaching normative behavior, these primary social
institutions also provide punishment when people violate social
▶ Order Maintenance versus norms, that is to say the unwritten rules of society. In the infor-
mal system, parents punish children for disobedience, bosses
Individual Liberties reprimand employees, teachers discipline students, and reli-
In the opening discussion of the “Amherst Uprising,” students gious authorities call for offenders to repent of their sins.
protested what they called institutional racism. These protests The balancing of rights and public safety can also be
are part of a larger movement across colleges and universities achieved through use of formal sanctions (such as laws) found
nationwide. Some demands of the students include changing within the criminal justice system. Frequently, the norms and
the name of athletic teams that students allege reflect racism, values embedded in informal systems are reflected in the for-
changing terminology used on campus, sanctions for academic mal system of order maintenance. The more homogeneous and
discussion and opinions that are deemed racist, offensive, or stable the people and their belief systems, the fewer the viola-
hurtful, and warnings or prohibitions regarding “trigger tions of social norms. In a homogeneous, stable society with a
words,” especially by professors during lectures. Examples of common belief system, there is less need for reliance on a for-
demands include the call for sanctions and cultural training for mal system of social control to maintain order and regulate
persons expressing opposition to the Black Lives Matter move- interactions. Social control systems operate most effectively
ment, the dropping of the name “house master,” and require- and efficiently where there is constant and unified, overt and
ments that professors advise students in advance if his or her covert, and cultural and social support from all control agen-
lecture will include discussion of subject matter that minorities cies. However, contemporary U.S. society is not characterized

1896 1920 1941 1954 1955

The U.S. Supreme Court The Broadcast Brown v. Board of Education Rosa Parks is arrested and
case of Plessy v. Nineteenth television declares state laws establishing convicted for refusing to give up
Ferguson establishes the Amendment begins in the separate public schools for black her seat to a white passenger on a
“separate but equal” extends voting United States. and white students unconstitu- bus. Her arrest initiates the
doctrine of racial discrimi- rights to women. tional. The decision overturned the 381-day Montgomery bus boycott
nation that permitted the Plessy v. Ferguson decision of and many acts of civil
legal separation of whites 1896 that established the doctrine disobedience.
and blacks. of “separate but equal” racial
segregation.

Order Maintenance versus Individual Liberties 3

 TIMELINE
Timeline of Key Events
1961 1963 1964 1964
Civil rights workers attempt to Martin Luther The Civil Rights Act of 1964 bans discrimination on Martin Luther King, Jr.
desegregate bus stations and King, Jr. (1929–1968) the bases of race by facilities that are open to the public, is the youngest person to
waiting rooms in the South. A delivers his “I Have a such as hotels, restaurants, theaters, retail stores, and receive the Nobel Peace
bus in which they are Dream” speech in the similar establishments. Also, it extends greater protection Prize for his work to end
traveling is fire-bombed, and March on Washington. for the right to vote. The Civil Rights Act of 1964 does not racial segregation and racial
the demonstrators are extend the ban on racial discrimination to state and local discrimination through civil
beaten. NAACP leader governments. Thus, state and local law enforcement disobedience and other
Medgar Evers is murdered. agencies and correctional agencies are not prohibited nonviolent means.
from racial discrimination.

by a homogeneous and stable group of people with a common individual rights will be upheld in law. Furthermore, the courts
belief system. Rather, the United States is characterized by play a central role. One of the important roles of the courts is
great diversity in race, religion, ethnicity, and values. crafting the balance between government power and individual
When there is conflict, especially if the conflict threatens rights and freedoms. This balance, which is normally a restric-
or involves violence, usually the conflict is handled by the tion of government power, is frequently referred to as due
criminal justice system. Thus, students protesting racism at ­process rights.
colleges and universities can attempt to have their demands This chapter will provide an overview of due process
met by negotiations. However, if negotiations fail and the stu- rights, discuss the organizational structure of the criminal jus-
dents engage in protests, especially protests that may threaten tice system, discuss changes that have impacted the criminal
violence, the conflict will be resolved through the criminal jus- justice system, and will close with a brief discussion of the
tice system. academic discipline known as criminal justice. The following
The criminal justice system is a complex and extensive chapters will discuss the various agencies and processes of the
network of agencies, processes, and personnel. It is so com- criminal justice system in greater detail. A timeline of land-
plex that few laypersons understand all of the workings and mark events is provided to help readers relate to various events
interactions of the criminal justice system. Furthermore, the that have impacted the criminal justice system. Throughout the
criminal justice system can be contradictory, f lawed, and text in each chapter, the reader will find feature boxes labeled
biased. Finally, the criminal justice system is constantly chang- “Think About It.” These boxes address contemporary events
ing. The criminal justice system of the twenty-first century is and controversies that may have a significant influence on the
not the criminal justice system of twentieth or mid-twentieth criminal justice system in the future. The reader is invited to
century. While many people identify law enforcement—the consider how these events may impact the criminal justice sys-
police—as the center of the criminal justice system, in reality tem. Finally, at the end of each chapter is a case study that
the courts are the center of the criminal justice system. The explores an issue raised in the chapter in greater depth and the
courts have the authority to decide what the law means, which reader is invited to answer questions regarding the issues raised
laws are unconstitutional, and which social values and in the case study.

TIMELINE
Timeline of Key Events
1968 1968 1968–1982 1970
Martin Luther King, Jr. The Omnibus Crime Control and Safe Streets The Law Enforcement On the Kent State
is assassinated. Act is passed. The act establishes the Law Enforcement Education Program (LEEP), University (Ohio)
Administration Assistance (LEAA), which provides funding, under the Law Enforcement campus, National
training, and professionalization of the criminal justice Administration Assistance, Guard troops open
system. LEAA implements many of its standards through undertakes the mission of fire on unarmed
the power of the “purse strings.” Agencies lose LEAA raising the educational level of students protesting
funding if they do not adopt the standards advocated by criminal justice personnel by U.S. involvement in
LEAA. LEAA is abolished in 1982. funding grants and loans to the Vietnam War. Four
those seeking college degrees. students are killed.

4 Chapter 1 Introduction to Criminal Justice

 Another Random Document on
Scribd Without Any Related Topics
 Smith being merely a conjectural sketch. They possessed
excellent materials for so much of the country as is below the
Blue Ridge, little being then known beyond that ridge. He was
the third or fourth settler, about the year 1737, of the part of
the country in which I live. He died August 17th, 1757, leaving
my mother a widow, who lived till 1776, with six daughters and
two sons, myself the elder.
To my younger brother he left his estate on James River, called
Snowden, after the supposed birthplace of the family; to myself,
the lands on which I was born and live. He placed me at the
English school at five years of age, and at the Latin at nine,
where I continued until his death. My teacher, Mr. Douglas, a
clergyman from Scotland, with the rudiments of the Latin and
Greek languages, taught me the French; and on the death of
my father I went to the Rev. Mr. Maury, a correct classical
scholar, with whom I continued two years.

The talents of great men are frequently said to be derived from the
mother. If they are inheritable, Jefferson was entitled to them on
both the paternal and maternal side. His father was a man of most
extraordinary vigor, both of mind and body. His son never wearied of
dwelling with all the pride of filial devotion and admiration on the
noble traits of his character. To the regular duties of his vocation as a
land-surveyor (which, it will be remembered, was the profession of
Washington also) were added those of county surveyor, colonel of
the militia, and member of the House of Burgesses.
Family tradition has preserved several incidents of the survey of the
boundary-line between Virginia and North Carolina, which prove him
to have been a man of remarkable powers of endurance, untiring
energy, and indomitable courage. The perils and toils of running that
line across the Blue Ridge were almost incredible, and were not
surpassed by those encountered by Colonel Byrd and his party in
forcing the same line through the forests and marshes of the Dismal
Swamp in the year 1728. On this expedition Colonel Jefferson and
his companions had often to defend themselves against the attacks
of wild beasts during the day, and at night found but a broken rest,
sleeping—as they were obliged to do for safety—in trees. At length
their supply of provisions began to run low, and his comrades,
overcome by hunger and exhaustion, fell fainting beside him. Amid
all these hardships and difficulties, Jefferson's courage did not once
flag, but living upon raw flesh, or whatever could be found to sustain
life, he pressed on and persevered until his task was accomplished.
So great was his physical strength, that when standing between two
hogsheads of tobacco lying on their sides, he could raise or "head"
them both up at once. Perhaps it was because he himself rejoiced in
such gigantic strength that it was his frequent remark that "it is the
strong in body who are both the strong and free in mind." This, too,
made him careful to have his young son early instructed in all the
manly sports and exercises of his day; so that while still a school-boy
he was a good rider, a good swimmer, and an ardent sportsman,
spending hours and days wandering in pursuit of game along the
sides of the beautiful Southwest Mountains—thus strengthening his
body and his health, which must otherwise have given way under
the intense application to study to which he soon afterwards devoted
himself.
The Jeffersons were among the earliest immigrants to the colony,
and we find the name in the list of the twenty-two members who
composed the Assembly that met in Jamestown in the year 1619—
the first legislative body that was ever convened in America.[1]
Colonel Jefferson's father-in-law, Isham Randolph, of Dungeness,
was a man of considerable eminence in the colony, whose name
associated itself in his day with all that was good and wise. In the
year 1717 he married, in London, Jane Rogers. Possessing the
polished and courteous manners of a gentleman of the colonial days,
with a well-cultivated intellect, and a heart in which every thing that
is noble and true was instinctive, he charmed and endeared himself
to all who were thrown into his society. He devoted much time to the
study of science; and we find the following mention of him in a
quaint letter from Peter Collinson, of London, to Bartram, the
naturalist, then on the eve of visiting Virginia to study her flora:
 When thee proceeds home, I know no person who will make
thee more welcome than Isham Randolph. He lives thirty or
forty miles above the falls of James River, in Goochland, above
the other settlements. Now, I take his house to be a very
suitable place to make a settlement at, for to take several days'
excursions all round, and to return to his house at night.... One
thing I must desire of thee, and do insist that thee must oblige
me therein: that thou make up that drugget clothes, to go to
Virginia in, and not appear to disgrace thyself or me; for though
I should not esteem thee the less to come to me in what dress
thou wilt, yet these Virginians are a very gentle, well-dressed
people, and look, perhaps, more at a man's outside than his
inside. For these and other reasons, pray go very clean, neat,
and handsomely-dressed to Virginia. Never mind thy clothes; I
will send thee more another year.

In reply to Bartram's account of the kind welcome which he received

from Isham Randolph, he writes: "As for my friend Isham, who I am
also personally known to, I did not doubt his civility to thee. I only
wish I had been there and shared it with thee." Again, after
Randolph's death, he writes to Bartram that "the good man is gone
to his long home, and, I doubt not, is happy."
Such was Jefferson's maternal grandfather. His mother, from whom
he inherited his cheerful and hopeful temper and disposition, was a
woman of a clear and strong understanding, and, in every respect,
worthy of the love of such a man as Peter Jefferson.
Isham Randolph's nephew, Colonel William Randolph, of Tuckahoe,
was Peter Jefferson's most intimate friend. A pleasing incident
preserved in the family records proves how warm and generous their
friendship was. Two or three days before Jefferson took out a patent
for a thousand acres of land on the Rivanna River, Randolph had
taken out one for twenty-four hundred acres adjoining. Jefferson,
not finding a good site for a house on his land, his friend sold him
four hundred acres of his tract, the price paid for these four hundred
acres being, as the deed still in the possession of the family proves,
"Henry Weatherbourne's biggest bowl of arrack punch."
Colonel Jefferson called his estate "Shadwell," after the parish in
England where his wife was born, while Randolph's was named
"Edgehill," in honor of the field on which the Cavaliers and
Roundheads first crossed swords. By an intermarriage between their
grandchildren, these two estates passed into the possession of
descendants common to them both, in whose hands they have been
preserved down to the present day.
On the four hundred acres thus added by Jefferson to his original
patent, he erected a plain weather-boarded house, to which he took
his young bride immediately after his marriage, and where they
remained until the death of Colonel William Randolph, of Tuckahoe,
in 1745.
It was the dying request of Colonel Randolph, that his friend Peter
Jefferson should undertake the management of his estates and the
guardianship of his young son, Thomas Mann Randolph. Being
unable to fulfill this request while living at Shadwell, Colonel
Jefferson removed his family to Tuckahoe, and remained there seven
years, sacredly guarding, like a Knight of the Round Table, the
solemn charge intrusted to him, without any other reward than the
satisfaction of fully keeping the promise made to his dying friend.
That he refused to receive any other compensation for his services
as guardian is not only proved by the frequent assertion of his son in
after years, but by his accounts as executor, which have ever
remained unchallenged.[2]
Thomas Jefferson was not more than two years old when his father
moved to Tuckahoe, yet he often declared that his earliest
recollection in life was of being, on that occasion, handed up to a
servant on horseback, by whom he was carried on a pillow for a long
distance. He also remembered that later, when five years old, he one
day became impatient for his school to be out, and, going out, knelt
behind the house, and there repeated the Lord's Prayer, hoping
thereby to hurry up the desired hour.
Colonel Jefferson's house at Shadwell was near the public highway,
and in those days of primitive hospitality was the stopping-place for
all passers-by, and, in the true spirit of Old Virginia hospitality, was
thrown open to every guest. Here, too, the great Indian Chiefs
stopped, on their journeys to and from the colonial capital, and it
was thus that young Jefferson first became acquainted with and
interested in them and their people. More than half a century later
we find him writing to John Adams:

I know much of the great Ontasseté, the warrior and orator of

the Cherokees; he was always the guest of my father on his
journeys to and from Williamsburg. I was in his camp when he
made his great farewell oration to his people, the evening
before his departure for England. The moon was in full splendor,
and to her he seemed to address himself in his prayers for his
own safety on the voyage, and that of his people during his
absence; his sounding voice, distinct articulation, animated
action, and the solemn silence of his people at their several
fires, filled me with awe and veneration.

The lives led by our forefathers were certainly filled with ease and
leisure. One of Thomas Jefferson's grandsons asked him, on one
occasion, how the men of his father's day spent their time. He
smiled, and, in reply, said, "My father had a devoted friend, to whose
house he would go, dine, spend the night, dine with him again on
the second day, and return to Shadwell in the evening. His friend, in
the course of a day or two, returned the visit, and spent the same
length of time at his house. This occurred once every week; and
thus, you see, they were together four days out of the seven."
This is, perhaps, a fair picture of the ease and leisure of the life of
an old Virginian, and to the causes which produced this style of life
was due, also, the great hospitality for which Virginians have ever
been so renowned. The process of farming was then so simple that
the labor and cultivation of an estate were easily and most profitably
carried on by an overseer and the slaves, the master only riding
occasionally over his plantation to see that his general orders were
executed.
In the school of such a life, however, were reared and developed the
characters of the men who rose to such eminence in the struggles of
the Revolution, and who, as giants in intellect and virtue, must ever
be a prominent group among the great historical characters of the
world. Their devotion to the chase, to horsemanship, and to all the
manly sports of the day, and the perils and adventures to be
encountered in a new country, developed their physical strength,
and inspired them with that bold and dashing spirit which still
characterizes their descendants, while the leisure of their lives gave
them time to devote to study and reflection.
The city of Williamsburg, being the capital of the colony and the
residence of the governor, was the seat of intelligence, refinement,
and elegance, and offered every advantage for social intercourse.
There it was that those graceful manners were formed which made
men belonging to the old colonial school so celebrated for the cordial
ease and courtesy of their address. As there were no large towns in
the colony, the inducements and temptations offered for the
accumulation of wealth were few, while the abundance of the good
things of the earth found on his own plantation rendered the
Virginian lavish in his expenditures, and hence his unbounded
hospitality. Of this we have ample proof in the accounts which have
been handed down to us of their mode of life. Thomas Mann
Randolph, of Tuckahoe, it is said, consumed annually a thousand
barrels of corn at his family stable; while the princely abode of
Colonel Byrd, of Westover, with its offices, covered a space of two
acres. The prices of corn were what seem to us now fabulously low.
The old chroniclers tell us that one year the price rose to the
enormous sum of thirty-three cents a bushel, and that year was ever
after known as the "ten-shilling year"—ten shillings being the price
per barrel.
In looking over Colonel Peter Jefferson's account-books, one can not
refrain from smiling to see the small amount paid for his young son's
school education. To the Rev. William Douglas he paid sixteen
pounds sterling per annum for his board and tuition, and Mr. Maury
received for the same twenty pounds. Colonel Jefferson's eagerness
for information was inherited to an extraordinary degree by his son,
who early evinced that thirst for knowledge which he preserved to
the day of his death. He made rapid progress in his studies, and
soon became a proficient in mathematics and the classics. In after
years he used often to say, that had he to decide between the
pleasure derived from the classical education which his father had
given him and the estate he had left him, he would decide in favor
of the former.
Jefferson's father died, as we have seen, when he was only fourteen
years old. The perils and wants of his situation, deprived as he was
so early in life of the guidance and influence of such a father, were
very touchingly described by him years afterwards, in a letter written
to his eldest grandson,[3] when the latter was sent from home to
school for the first time. He writes:

When I recollect that at fourteen years of age the whole care

and direction of myself was thrown on myself entirely, without a
relative or friend qualified to advise or guide me, and recollect
the various sorts of bad company with which I associated from
time to time, I am astonished that I did not turn off with some
of them, and become as worthless to society as they were. I
had the good-fortune to become acquainted very early with
some characters of very high standing, and to feel the incessant
wish that I could ever become what they were. Under
temptations and difficulties, I would ask myself—What would Dr.
Small, Mr. Wythe, Peyton Randolph, do in this situation? What
course in it will insure me their approbation? I am certain that
this mode of deciding on my conduct tended more to
correctness than any reasoning powers I possessed. Knowing
the even and dignified lives they pursued, I could never doubt
for a moment which of two courses would be in character for
them; whereas, seeking the same object through a process of
 moral reasoning, and with the jaundiced eye of youth, I should
often have erred. From the circumstances of my position, I was
often thrown into the society of horse-racers, card-players, fox-
hunters, scientific and professional men, and of dignified men;
and many a time have I asked myself, in the enthusiastic
moment of the death of a fox, the victory of a favorite horse,
the issue of a question eloquently argued at the bar, or in the
great council of the nation, Well, which of these kinds of
reputation should I prefer—that of a horse-jockey, a fox-hunter,
an orator, or the honest advocate of my country's rights? Be
assured, my dear Jefferson, that these little returns into
ourselves, this self-catechising habit, is not trifling nor useless,
but leads to the prudent selection and steady pursuit of what is
right.

After leaving Mr. Maury's school, we find him writing the following
letter to a gentleman who was at the time his guardian. It was
written when he was seventeen years old, and is the earliest
production which we have from his pen:

Shadwell, January 14th, 1760.

Sir—I was at Colo. Peter Randolph's about a fortnight ago, and
my Schooling falling into Discourse, he said he thought it would
be to my Advantage to go to the College, and was desirous I
should go, as indeed I am myself for several Reasons. In the
first place as long as I stay at the Mountain, the loss of one
fourth of my Time is inevitable, by Company's coming here and
detaining me from School. And likewise my Absence will in a
great measure, put a Stop to so much Company, and by that
Means lessen the Expenses of the Estate in House-keeping. And
on the other Hand by going to the College, I shall get a more
universal Acquaintance, which may hereafter be serviceable to
me; and I suppose I can pursue my Studies in the Greek and
Latin as well there as here, and likewise learn something of the
 Mathematics. I shall be glad of your opinion, and remain, Sir,
your most humble servant,
THOMAS JEFFERSON JR:
To Mr. John Hervey, at Bellemont.

We find no traces, in the above school-boy's letter, of the graceful

pen which afterwards won for its author so high a rank among the
letter-writers of his own, or, indeed, of any day.
It was decided that he should go to William and Mary College, and
thither he accordingly went, in the year 1760. We again quote from
his Memoir, to give a glance at this period of his life:

It was my great good-fortune, and what, perhaps, fixed the

destinies of my life, that Dr. William Small, of Scotland, was the
Professor of Mathematics, a man profound in most of the useful
branches of science, with a happy talent of communication,
correct and gentlemanly manners, and an enlarged and liberal
mind. He, most happily for me, became soon attached to me,
and made me his daily companion, when not engaged in the
school; and from his conversation I got my first views of the
expansion of science, and of the system of things in which we
are placed. Fortunately, the philosophical chair became vacant
soon after my arrival at college, and he was appointed to fill it
per interim; and he was the first who ever gave, in that college,
regular lectures in Ethics, Rhetoric, and Belles Lettres. He
returned to Europe in 1762, having previously filled up the
measure of his goodness to me, by procuring for me, from his
most intimate friend, George Wythe, a reception as a student of
law under his direction, and introduced me to the acquaintance
and familiar table of Governor Fauquier, the ablest man who had
ever filled that office. With him and at his table, Dr. Small and
Mr. Wythe, his amici omnium horarum, and myself formed a
partie quarrée, and to the habitual conversations on these
occasions I owed much instruction. Mr. Wythe continued to be
 my faithful and beloved mentor in youth, and my most
affectionate friend through life.

There must indeed have been some very great charm and attraction
about the young student of seventeen, to have won for him the
friendship and esteem of such a profound scholar as Small, and a
seat at the family table of the elegant and accomplished Fauquier.
We have just quoted Jefferson's finely-drawn character of Small, and
give now the following brilliant but sad picture, as drawn by the
Virginia historian, Burke, of the able and generous Fauquier, and of
the vices which he introduced into the colony:

With some allowance, he was every thing that could have been
wished for by Virginia under a royal government. Generous,
liberal, elegant in his manners and acquirements; his example
left an impression of taste, refinement and erudition on the
character of the colony, which eminently contributed to its
present high reputation in the arts. It is stated, on evidence
sufficiently authentic, that on the return of Anson from his
circumnavigation of the earth, he accidentally fell in with
Fauquier, from whom, in a single night's play, he won at cards
the whole of his patrimony; that afterwards, being captivated by
the striking graces of this gentleman's person and conversation,
he procured for him the government of Virginia. Unreclaimed by
the former subversion of his fortune, he introduced the same
fatal propensity to gaming into Virginia; and the example of so
many virtues and accomplishments, alloyed but by a single vice,
was but too successful in extending the influence of this
pernicious and ruinous practice. He found among the people of
his new government a character compounded of the same
elements as his own; and he found little difficulty in rendering
fashionable a practice which had, before his arrival, already
prevailed to an alarming extent. During the recess of the courts
of judicature and of the assemblies, he visited the most
distinguished landholders of the colonies, and the rage of
 playing deep, reckless of time, health or money, spread like a
contagion among a class proverbial for their hospitality, their
politeness and fondness for expense. In every thing besides,
Fauquier was the ornament and the delight of Virginia.

Happy it was for young Jefferson, that "the example of so many

virtues and accomplishments" in this brave gentleman failed to give
any attraction, for him at least, to the vice which was such a blot on
Fauquier's fine character. Jefferson never knew one card from
another, and never allowed the game to be played in his own house.
Turning from the picture of the gifted but dissipated royal Governor,
it is a relief to glance at the character given by Jefferson of the
equally gifted but pure and virtuous George Wythe. We can not
refrain from giving the conclusion of his sketch of Wythe,
completing, as it does, the picture of the "partie quarrée" which so
often met at the Governor's hospitable board:

No man ever left behind him a character more venerated than

George Wythe. His virtue was of the purest tint; his integrity
inflexible, and his justice exact; of warm patriotism, and,
devoted as he was to liberty, and the natural and equal rights of
man, he might truly be called the Cato of his country, without
the avarice of the Roman; for a more disinterested man never
lived. Temperance and regularity in all his habits gave him
general good health, and his unaffected modesty and suavity of
manners endeared him to every one. He was of easy elocution;
his language chaste, methodical in the arrangement of his
matter, learned and logical in the use of it, and of great urbanity
in debate; not quick of apprehension, but, with a little time,
profound in penetration and sound in conclusion. In his
philosophy he was firm; and neither troubling, nor, perhaps,
trusting, any one with his religious creed, he left the world to
the conclusion that that religion must be good which could
produce a life of such exemplary virtue. His stature was of the
middle size, well formed and proportioned, and the features of
his face were manly, comely, and engaging. Such was George
Wythe, the honor of his own and the model of future times.
 CHAPTER II.
Intense Application as a Student.—Habits of Study kept up during his
Vacations.—First Preparations made for Building at Monticello.—Letters
to his College Friend, John Page.—Anecdote of Benjamin Harrison.—
Jefferson's Devotion to his eldest Sister.—He witnesses the Debate on
the Stamp Act.—First Meeting with Patrick Henry.—His Opinion of him.—
His superior Education.—Always a Student.—Wide Range of Information.
—Anecdote.—Death of his eldest Sister.—His Grief.—Buries himself in his
Books.—Finishes his Course of Law Studies.—Begins to practise.—
Collection of Vocabularies of Indian Languages.—House at Shadwell
burnt.—Loss of his Library.—Marriage.—Anecdote of his Courtship.—
Wife's Beauty.—Bright Prospects.—Friendship for Dabney Carr.—His
Talents.—His Death.—Jefferson buries him at Monticello.—His Epitaph.

Great as were the charms and delights of the society into which
Jefferson was thrown in Williamsburg, they had not the power to
draw him off from his studies. On the contrary, he seemed to find
from his intercourse with such men as Wythe and Small, fresh
incentives to diligence in his literary pursuits; and these, together
with his natural taste for study, made his application to it so intense,
that had he possessed a less vigorous and robust constitution, his
health must have given way. He studied fifteen hours a day. During
the most closely occupied days of his college life it was his habit to
study until two o'clock at night, and rise at dawn; the day he spent
in close application—the only recreation being a run at twilight to a
certain stone which stood at a point a mile beyond the limits of the
town. His habits of study were kept up during his vacations, which
were spent at Shadwell; and though he did not cut himself off from
the pleasures of social intercourse with his friends and family, yet he
still devoted nearly three-fourths of his time to his books. He rose in
the morning as soon as the hands of a clock placed on the mantle-
piece in his chamber could be distinguished in the gray light of early
dawn. After sunset he crossed the Rivanna in a little canoe, which
was kept exclusively for his own use, and walked up to the summit
of his loved Monticello, where he was having the apex of the
mountain levelled down, preparatory to building.
The following extracts from letters written to his friends while he
was a college-boy, give a fair picture of the sprightliness of his
nature and his enjoyment of society.
To John Page—a friend to whom he was devotedly attached all
through life—he writes, Dec. 25, 1762:

You can not conceive the satisfaction it would give me to have a

letter from you. Write me very circumstantially every thing
which happened at the wedding. Was she[4] there? because if
she was, I ought to have been at the devil for not being there
too. If there is any news stirring in town or country, such as
deaths, courtships, or marriages, in the circle of my
acquaintance, let me know it. Remember me affectionately to all
the young ladies of my acquaintance, particularly the Miss
Burwells, and Miss Potters; and tell them that though that heavy
earthly part of me, my body, be absent, the better half of me,
my soul, is ever with them, and that my best wishes shall ever
attend them. Tell Miss Alice Corbin that I verily believe the rats
knew I was to win a pair of garters from her, or they never
would have been so cruel as to carry mine away. This very
consideration makes me so sure of the bet, that I shall ask
every body I see from that part of the world, what pretty
gentleman is making his addresses to her. I would fain ask the
favor of Miss Becca Burwell to give me another watch-paper of
her own cutting, which I should esteem much more, though it
were a plain round one, than the nicest in the world cut by
other hands; however, I am afraid she would think this
presumption, after my suffering the other to get spoiled.

A few weeks later, he writes to Page, from Shadwell:

 To tell you the plain truth, I have not a syllable to write to you
about. For I do not conceive that any thing can happen in my
world which you would give a curse to know, or I either. All
things here appear to me to trudge on in one and the same
round: we rise in the morning that we may eat breakfast,
dinner, and supper; and go to bed again that we may get up the
next morning and do the same; so that you never saw two peas
more alike than our yesterday and to-day. Under these
circumstances, what would you have me say? Would you that I
should write nothing but truth? I tell you, I know nothing that is
true. Or would you rather that I should write you a pack of lies?
Why, unless they are more ingenious than I am able to invent,
they would furnish you with little amusement. What can I do,
then? Nothing but ask you the news in your world. How have
you done since I saw you? How did Nancy look at you when you
danced with her at Southall's? Have you any glimmering of
hope? How does R. B. do? Had I better stay here and do
nothing, or go down and do less? or, in other words, had I
better stay here while I am here, or go down that I may have
the pleasure of sailing up the river again in a full-rigged flat?
Inclination tells me to go, receive my sentence, and be no
longer in suspense; but reason says, If you go, and your
attempt proves unsuccessful, you will be ten times more
wretched than ever.... I have some thoughts of going to
Petersburg if the actors go there in May. If I do, I do not know
but I may keep on to Williamsburg, as the birth-night will be
near. I hear that Ben Harrison[5] has been to Wilton: let me
know his success.

In his literary pursuits and plans for the future, Jefferson found a
most congenial and sympathizing companion, as well as a loving
friend, in his highly-gifted young sister, Jane Jefferson. Three years
his senior, and a woman of extraordinary vigor of mind, we can well
imagine with what pride and pleasure she must have watched the
early development and growth of her young brother's genius and
learning. When five years old, he had read all the books contained in
his father's little library, and we have already found him sought out
by the royal Governor, and chosen as one of his favorite companions,
when but a college-boy. Like himself, his sister was devoted to
music, and they spent many hours together cultivating their taste
and talent for it. Both were particularly fond of sacred music, and
she often gratified her young brother by singing for him hymns.
We have seen, from his letters to his friend Page, that, while a
student in Williamsburg, Jefferson fell in love with Miss Rebecca
Burwell—one of the beauties of her day. He was indulging fond
dreams of success in winning the young lady's heart and hand, when
his courtship was suddenly cut short by her, to him, unexpected
marriage to another.
In the following year, 1765, there took place in the House of
Burgesses the great debate on the Stamp Act, in which Patrick Henry
electrified his hearers by his bold and sublime flights of oratory. In
the lobby of the House was seen the tall, thin figure of Jefferson,
bending eagerly forward to witness the stirring scene—his face paled
from the effects of hard study, and his eyes flashing with the fire of
latent genius, and all the enthusiasm of youthful and devoted
patriotism. In allusion to this scene, he writes in his Memoir:

When the famous resolutions of 1765 against the Stamp Act

were proposed, I was yet a student of law in Williamsburg. I
attended the debate, however, at the door of the lobby of the
House of Burgesses, and heard the splendid display of Mr.
Henry's talents as a popular orator. They were indeed great;
such as I have never heard from any other man. He appeared
to me to speak as Homer wrote.

It was when on his way to Williamsburg to enter William and Mary

College, that Jefferson first met Henry. They spent a fortnight
together on that occasion, at the house of Mr. Dandridge, in
Hanover, and there began the acquaintance and friendship between
them which lasted through life. While not considering Henry a man
of education or a well-read lawyer, Jefferson often spoke with
enthusiasm to his friends and family of the wonders and beauties of
his eloquence, and also of his great influence and signal services in
bringing about unanimity among the parties which were found in the
colony at the commencement of the troubles with the mother-
country. He frequently expressed admiration for his intrepid spirit
and inflexible courage. Two years before his death we find him
speaking of Henry thus:

Wirt says he read Plutarch's Lives once a year. I don't believe he

ever read two volumes of them. On his visits to court, he used
always to put up with me. On one occasion of the breaking up
in November, to meet again in the spring, as he was departing
in the morning, he looked among my books, and observed, "Mr.
Jefferson, I will take two volumes of Hume's Essays, and try to
read them this winter." On his return, he brought them, saying
he had not been able to get half way into one of them.
His great delight was to put on his hunting-shirt, collect a parcel
of overseers and such-like people, and spend weeks together
hunting in the "piny woods," camping at night and cracking
jokes round a light-wood fire.
It was to him that we were indebted for the unanimity that
prevailed among us. He would address the assemblages of the
people at which he was present in such strains of native
eloquence as Homer wrote in. I never heard any thing that
deserved to be called by the same name with what flowed from
him; and where he got that torrent of language from is
inconceivable. I have frequently shut my eyes while he spoke,
and, when he was done, asked myself what he had said,
without being able to recollect a word of it. He was no logician.
He was truly a great man, however—one of enlarged views.

Mr. Jefferson furnished anecdotes, facts, and documents for Wirt's

Life of Henry, and Mr. Wirt submitted his manuscript to him for
criticism and review, which he gave, and also suggested alterations
that were made. We find, from his letters to Mr. Wirt, that when the
latter flagged and hesitated as to the completion and publication of
his work, it was Jefferson who urged him on. In writing of Henry's
supposed inattention to ancient charters, we find him expressing
himself thus: "He drew all natural rights from a purer source—the
feelings of his own breast."[6]
In connection with this subject, we can not refrain from quoting
from Wirt the following fine description of Henry in the great debate
on the Stamp Act:

It was in the midst of this magnificent debate, while he (Henry)

was descanting on the tyranny of the obnoxious act, that he
exclaimed, in a voice of thunder, and with the look of a god,
"Cæsar had his Brutus, Charles the First his Cromwell, and
George the Third—" ("Treason!" cried the Speaker. "Treason!
treason!" echoed from every part of the House. It was one of
those trying moments which are so decisive of character. Henry
faltered not an instant; but rising to a loftier altitude, and fixing
on the Speaker an eye of the most determined fire, he finished
his sentence with the firmest emphasis)—"may profit by their
example. If this be treason, make the most of it."[7]

When we think of the wonderful powers of this great man, whose

heaven-born eloquence so stirred the hearts of men, how touching
the meekness with which, at the close of an eventful and honorable
career, he thus writes of himself: "Without any classical education,
without patrimony, without what is called the influence of family
connection, and without solicitation, I have attained the highest
offices of my country. I have often contemplated it as a rare and
extraordinary instance, and pathetically exclaimed, 'Not unto me, not
unto me, O Lord, but unto thy name be the praise!'"[8]
Jefferson continued to prosecute his studies at William and Mary,
and we have in the following incident a pleasing proof of his
generosity:
While at college, he was one year quite extravagant in his dress, and
in his outlay in horses. At the end of the year he sent his account to
his guardian; and thinking that he had spent more of the income
from his father's estate than was his share, he proposed that the
amount of his expenses should be deducted from his portion of the
property. His guardian, however, replied good-naturedly, "No, no; if
you have sowed your wild oats in this manner, Tom, the estate can
well afford to pay your expenses."
When Jefferson left college, he had laid the broad and solid
foundations of that fine education which in learning placed him head
and shoulders above his contemporaries. A fine mathematician, he
was also a finished Greek, Latin, French, Spanish, and Italian
scholar. He carried with him to Congress in the year 1775 a
reputation for great literary acquirements. John Adams, in his diary
for that year, thus speaks of him: "Duane says that Jefferson is the
greatest rubber-off of dust that he has met with; that he has learned
French, Italian, and Spanish, and wants to learn German."
His school and college education was considered by him as only the
vestibule to that palace of learning which is reached by "no royal
road." He once told a grandson that from the time when, as a boy,
he had turned off wearied from play and first found pleasure in
books, he had never sat down in idleness. And when we consider
the vast fund of learning and wide range of information possessed
by him, and which in his advanced years won for him the appellation
of a "walking encyclopædia," we can well understand how this must
have been the case. His thirst for knowledge was insatiable, and he
seized eagerly all means of obtaining it. It was his habit, in his
intercourse with all classes of men—the mechanic as well as the
man of science—to turn the conversation upon that subject with
which the man was best acquainted, whether it was the construction
of a wheel or the anatomy of an extinct species of animals; and after
having drawn from him all the information which he possessed, on
returning home or retiring to his private apartments, it was all set
down by him in writing—thus arranging it methodically and fixing it
in his mind.
An anecdote which has been often told of him will give the reader an
idea of the varied extent of his knowledge. On one occasion, while
travelling, he stopped at a country inn. A stranger, who did not know
who he was, entered into conversation with this plainly-dressed and
unassuming traveller. He introduced one subject after another into
the conversation, and found him perfectly acquainted with each.
Filled with wonder, he seized the first opportunity to inquire of the
landlord who his guest was, saying that, when he spoke of the law,
he thought he was a lawyer; then turning the conversation on
medicine, felt sure he was a physician; but having touched on
theology, he became convinced that he was a clergyman. "Oh,"
replied the landlord, "why I thought you knew the Squire." The
stranger was then astonished to hear that the traveller whom he had
found so affable and simple in his manners was Jefferson.
The family circle at Shadwell consisted of six sisters, two brothers,
and their mother. Of the sisters, two married early, and left the
home of their youth—Mary as the wife of Thomas Bolling, and
Martha as that of the generous and highly-gifted young Dabney Carr,
the brilliant promise of whose youth was so soon to be cut short by
his untimely death.
In the fall of the year 1765, the whole family was thrown into
mourning, and the deepest distress, by the death of Jane Jefferson
—so long the pride and ornament of her house. She died in the
twenty-eighth year of her age. The eldest of her family, and a
woman who, from the noble qualities of her head and heart, had
ever commanded their love and admiration, her death was a great
blow to them all, but was felt by none so keenly as by Jefferson
himself. The loss of such a sister to such a brother was irreparable;
his grief for her was deep and constant; and there are, perhaps, few
incidents in the domestic details of history more beautiful than his
devotion to her during her life, and the tenderness of the love with
which he cherished her memory to the last days of his long and
eventful career. He frequently spoke of her to his grandchildren, and
even in his extreme old age said that often in church some sacred
air which her sweet voice had made familiar to him in youth recalled
to him sweet visions of this sister whom he had loved so well and
buried so young.
Among his manuscripts we find the following touching epitaph which
he wrote for her:
"Ah, Joanna, puellarum optima,
Ah, ævi virentis flore prærepta,
Sit tibi terra lævis;
Longe, longeque valeto!"
After the death of his sister Jane, Jefferson had no congenial
intellectual companion left in the family at Shadwell; his other sisters
being all much younger than himself, except one, who was rather
deficient in intellect. It is curious to remark the unequal distribution
of talent in this family—each gifted member seeming to have been
made so at the expense of one of the others.
In the severe affliction caused by the death of his sister, Jefferson
sought consolation in renewed devotion to his books. After a five
years' course of law studies, he was, as we have seen from his
Memoir, introduced to its practice, at the bar of the General Court of
Virginia, in the year 1767, by his "beloved friend and mentor,"
George Wythe. Of the extent of his practice during the eight years
that it lasted, we have ample proof in his account-books. These
show that during that time, in the General Court alone, he was
engaged in nine hundred and forty-eight cases, and that he was
employed as counsel by the first men in the colonies, and even in
the mother-country.
An idea of the impression made by him as an advocate in the court-
room is given in the following anecdote, which we have from his
eldest grandson, Mr. Jefferson Randolph. Anxious to learn how his
grandfather had stood as a pleader, Mr. Randolph once asked an old
man of good sense who in his youth had often heard Jefferson
deliver arguments in court, how he ranked as a speaker, "Well," said
the old gentleman, in reply, "it is hard to tell, because he always
took the right side." Few speakers, we imagine, would desire a
greater compliment than that which the old man unconsciously paid
in his reply.
The works which Jefferson has left behind him as his share in the
revision of the laws of the State, place his erudition as a lawyer
beyond question, while to no man does Virginia owe more for the
preservation of her ancient records than to him. In this last work he
was indefatigable. The manuscripts and materials for the early
history of the State had been partially destroyed and scattered by
the burning of State buildings and the ravages of war. These
Jefferson, as far as it was possible, collected and restored, and it is
to him that we owe their preservation at the present day.
While in the different public offices which he held during his life,
Jefferson availed himself of every opportunity to get information
concerning the language of the Indians of North America, and to this
end he made a collection of the vocabularies of all the Indian
languages, intending, in the leisure of his retirement from public life,
to analyze them, and see if he could trace in them any likeness to
other languages. When he left Washington, after vacating the
presidential chair, these valuable papers were packed in a trunk and
sent, with the rest of his baggage, around by Richmond, whence
they were to be sent up the James and Rivanna Rivers to Monticello.
Two negro boatmen who had charge of them, and who, in the
simplicity of their ignorance, took it for granted that the ex-President
was returning from office with untold wealth, being deceived by the
weight of the trunk, broke into it, thinking that it contained gold. On
discovering their mistake, the papers were scattered to the wind;
and thus were lost literary treasures which might have been a rich
feast to many a philologist.
 Marriage Licene-Bond (Fac-simile)

In the year 1770 the house at Shadwell was destroyed by fire, and
Jefferson then moved to Monticello, where his preparations for a
residence were sufficiently advanced to enable him to make it his
permanent abode. He was from home when the fire took place at
Shadwell, and the first inquiry he made of the negro who carried him
the news was after his books. "Oh, my young master," he replied,
carelessly, "they were all burnt; but, ah! we saved your fiddle."
In 1772 Jefferson married Martha Skelton, the widow of Bathurst
Skelton, and the daughter of John Wayles, of whom he speaks thus
in his Memoir

Mr. Wayles was a lawyer of much practice, to which he was

introduced more by his industry, punctuality, and practical
readiness, than by eminence in the science of his profession. He
was a most agreeable companion, full of pleasantry and humor,
 and welcomed in every society. He acquired a handsome
fortune, and died in May, 1773, leaving three daughters. The
portion which came on that event to Mrs. Jefferson, after the
debts were paid, which were very considerable, was about equal
to my own patrimony, and consequently doubled the ease of our
circumstances.

The marriage took place at "The Forest," in Charles City County. The
bride having been left a widow when very young, was only twenty-
three when she married a second time.[9] She is described as having
been very beautiful. A little above middle height, with a lithe and
exquisitely formed figure, she was a model of graceful and queenlike
carriage. Nature, so lavish with her charms for her, to great personal
attractions, added a mind of no ordinary calibre. She was well
educated for her day, and a constant reader; she inherited from her
father his method and industry, as the accounts, kept in her clear
handwriting, and still in the hands of her descendants, testify. Her
well-cultivated talent for music served to enhance her charms not a
little in the eyes of such a musical devotee as Jefferson.
So young and so beautiful, she was already surrounded by suitors
when Jefferson entered the lists and bore off the prize. A pleasant
anecdote about two of his rivals has been preserved in the tradition
of his family. While laboring under the impression that the lady's
mind was still undecided as to which of her suitors should be the
accepted lover, they met accidentally in the hall of her father's
house. They were on the eve of entering the drawing-room, when
the sound of music caught their ear; the accompanying voices of
Jefferson and his lady-love were soon recognized, and the two
disconcerted lovers, after exchanging a glance, picked up their hats
and left.
The New-year and wedding festivities being over, the happy bridal
couple left for Monticello. Their adventures on this journey of more
than a hundred miles, made in the dead of the winter, and their
arrival at Monticello, were, years afterwards, related as follows, by
their eldest daughter, Mrs. Randolph,[10] who heard the tale from her
father's lips:

They left The Forest after a fall of snow, light then, but
increasing in depth as they advanced up the country. They were
finally obliged to quit the carriage and proceed on horseback.
Having stopped for a short time at Blenheim, where an overseer
only resided, they left it at sunset to pursue their way through a
mountain track rather than a road, in which the snow lay from
eighteen inches to two feet deep, having eight miles to go
before reaching Monticello. They arrived late at night, the fires
all out and the servants retired to their own houses for the
night. The horrible dreariness of such a house at the end of
such a journey I have often heard both relate.

Too happy in each other's love, however, to be long troubled by the

"dreariness" of a cold and dark house, and having found a bottle of
wine "on a shelf behind some books," the young couple refreshed
themselves with its contents, and startled the silence of the night
with song and merry laughter.
Possessing a fine estate and being blessed with a beautiful and
accomplished wife, Jefferson seemed fairly launched upon the great
ocean of life with every prospect of a prosperous and happy voyage.
We find from his account-books that his income was a handsome
one for that day, being three thousand dollars from his practice and
two thousand from his farms. This, as we have seen, was increased
by the receipt of his wife's fortune at her father's death.
Of the many friends by whom he was surrounded in his college days
Dabney Carr was his favorite; his friendship for him was
strengthened by the ties of family connection, on his becoming his
brother-in-law as the husband of his sister Martha. As boys, they
had loved each other; and when studying together it was their habit
to go with their books to the well-wooded sides of Monticello, and
there pursue their studies beneath the shade of a favorite oak. So
much attached did the two friends become to this tree, that it
became the subject of a mutual promise, that the one who survived
should see that the body of the other was buried at its foot. When
young Carr's untimely death occurred Jefferson was away from
home, and on his return he found that he had been buried at
Shadwell. Being mindful of his promise, he had the body disinterred,
and removing it, placed it beneath that tree whose branches now
bend over such illustrious dead—for this was the origin of the grave-
yard at Monticello.
It is not only as Jefferson's friend that Dabney Carr lives in history.
The brilliancy of the reputation which he won in his short career, has
placed his name among the men who stood first for talent and
patriotism in the early days of the Revolution. Jefferson himself, in
describing his first appearance in the Virginia House of Burgesses,
pays a warm and handsome tribute to his friend. He says:

I well remember the pleasure expressed in the countenance and

conversation of the members generally on this débût of Mr. Carr,
and the hopes they conceived as well from the talents as the
patriotism it manifested.... His character was of a high order. A
spotless integrity, sound judgment, handsome imagination,
enriched by education and reading, quick and clear in his
conceptions, of correct and ready elocution, impressing every
hearer with the sincerity of the heart from which it flowed. His
firmness was inflexible in whatever he thought was right; but
when no moral principle stood in the way, never had man more
of the milk of human kindness, of indulgence, of softness, of
pleasantry of conversation and conduct. The number of his
friends and the warmth of their affection, were proofs of his
worth, and of their estimate of it.

We have again from Jefferson's pen a charming picture of the

domestic character of Carr, in a letter to his friend John Page, written
in 1770:

He (Carr) speaks, thinks, and dreams of nothing but his young

son. This friend of ours, Page, in a very small house, with a
 table, half a dozen chairs, and one or two servants, is the
happiest man in the universe. Every incident in life he so takes
as to render it a source of pleasure. With as much benevolence
as the heart of man will hold, but with an utter neglect of the
costly apparatus of life, he exhibits to the world a new
phenomenon in life—the Samian sage in the tub of the cynic.

The death of this highly-gifted young Virginian, whose early life was
so full of promise, took place on the 16th of May, 1773, in the
thirtieth year of his age. His wife, a woman of vigorous
understanding and earnest warmth of heart, was passionately
devoted to him, and his death fell like a blight on her young life. She
found in her brother a loving protector for herself and a fatherly
affection and guidance for her six children—three sons and three
daughters—who were received into his family as his adopted
children. Among Jefferson's papers there was found, after his death,
the following, written on a sheet of note-paper:
INSCRIPTION ON MY FRIEND D. CARR'S TOMB.
Lamented shade, whom every gift of heaven
Profusely blest; a temper winning mild;
Nor pity softer, nor was truth more bright.
Constant in doing well, he neither sought
Nor shunned applause. No bashful merit sighed
Near him neglected: sympathizing he
Wiped off the tear from Sorrow's clouded eye
With kindly hand, and taught her heart to smile.
Mallet's Excursion.

Send for a plate of copper to be nailed on the tree at the foot of his
grave, with this inscription:
 Still shall thy grave with rising flowers be dressed
And the green turf lie lightly on thy breast;
There shall the morn her earliest tears bestow,
There the first roses of the year shall blow,
While angels with their silver wings o'ershade
The ground now sacred by thy reliques made.

On the upper part of the stone inscribe as follows:

Here lie the remains of
Dabney Carr,
Son of John and Jane Carr, of Louisa County,
Who was born ——, 1744.
Intermarried with Martha Jefferson, daughter of Peter
and Jane Jefferson, 1765;
And died at Charlottesville, May 16, 1773,
Leaving six small children.
To his Virtue, Good Sense, Learning, and Friendship
this stone is dedicated by Thomas Jefferson, who, of all men living,
loved him most.
 CHAPTER III.
Happy Life at Monticello.—Jefferson's fine Horsemanship.—Birth of his oldest
Child.—Goes to Congress.—Death of his Mother.—Kindness to British
Prisoners.—Their Gratitude.—His Devotion to Music.—Letter to General
De Riedesel.—Is made Governor of Virginia.—Tarleton pursues Lafayette.
—Reaches Charlottesville.—The British at Monticello.—Cornwallis's
Destruction of Property at Elk Hill.—Jefferson retires at the End of his
Second Term as Governor.—Mrs. Jefferson's delicate Health.—Jefferson
meets with an Accident.—Writes his Notes on Virginia.—The Marquis De
Chastellux visits Monticello.—His Description of it.—Letter of
Congratulation from Jefferson to Washington.—Mrs. Jefferson's Illness
and Death.—Her Daughter's Description of the Scene.—Jefferson's Grief.

Following the course which I have laid down for myself, I shall give
but a passing notice of the political events of Jefferson's life, and
only dwell on such incidents as may throw out in bold relief the
beauties and charms of his domestic character. Except when called
from home by duties imposed upon him by his country, the even
tenor of his happy life at Monticello remained unbroken. He
prosecuted his studies with that same ardent thirst for knowledge
which he had evinced when a young student in Williamsburg,
mastering every subject that he took up.
Much time and expense were devoted by him to ornamenting and
improving his house and grounds. A great lover of nature, he found
his favorite recreations in out-of-door enjoyments, and it was his
habit to the day of his death, no matter what his occupation, nor
what office he held, to spend the hours between one and three in
the afternoon on horseback. Noted for his bold and graceful
horsemanship, he kept as riding-horses only those of the best blood
of the old Virginia stock. In the days of his youth he was very
exacting of his groom in having his horses always beautifully kept;
and it is said that it was his habit, when his riding-horse was brought
up for him to mount, to brush his white cambric handkerchief across
the animal's shoulders and send it back to the stable if any dust was
left on the handkerchief.
The garden-book lying before me shows the interest which he took
in all gardening and farming operations. This book, in which he
began to make entries as early as the year 1766, and which he
continued to keep all through life, except when from home, has
every thing jotted down in it, from the date of the earliest peach-
blossom to the day when his wheat was ready for the sickle. His
personal, household, and farm accounts were kept with the precision
of the most rigid accountant, and he was a rare instance of a man of
enlarged views and wide range of thought, being fond of details.
The price of his horses, the fee paid to a ferryman, his little gifts to
servants, his charities—whether great or small—from the penny
dropped into the church-box to the handsome donation given for the
erection of a church—all found a place in his account-book.
In 1772 his eldest child, Martha, was born; his second daughter,
Jane Randolph, died in the fall of 1775, when eighteen months old.
He was most unfortunate in his children—out of six that he had, only
two, Martha and Mary, surviving the period of infancy.
In the year 1775 Jefferson went to Philadelphia as a member of the
first Congress.[11] In the year 1776 he made the following entry in
his little pocket account-book: "March 31. My mother died about
eight o'clock this morning, in the 57th year of her age." Thus she did
not live to see the great day with whose glory her son's name is
indissolubly connected.[12]
The British prisoners who were surrendered by Burgoyne at the
battle of Saratoga were sent to Virginia and quartered in Albemarle,
a few miles from Monticello. They had not, however, been settled
there many months, before the Governor (Patrick Henry) was urged
to have them moved to some other part of the country, on the plea
that the provisions consumed by them were more necessary for our
own forces. The Governor and Council were on the eve of issuing
the order for their removal, when an earnest entreaty addressed to
them by Jefferson put a stop to all proceedings on the subject. In
this address and petition he says, in speaking of the prisoners,

Their health is also of importance. I would not endeavor to

show that their lives are valuable to us, because it would
suppose a possibility that humanity was kicked out of doors in
America, and interest only attended to.... But is an enemy so
execrable, that, though in captivity, his wishes and comforts are
to be disregarded and even crossed? I think not. It is for the
benefit of mankind to mitigate the horrors of war as much as
possible. The practice, therefore, of modern nations, of treating
captive enemies with politeness and generosity, is not only
delightful in contemplation, but really interesting to all the world
—friends, foes, and neutrals.

This successful effort in their behalf called forth the most earnest
expressions of gratitude from the British and German officers among
the prisoners. The Baron De Riedesel, their commander, was
comfortably fixed in a house not far from Monticello, and he and the
baroness received every attention from Jefferson. Indeed, these
attentions were extended to young officers of the lowest rank. The
hospitalities of her house were gracefully and cordially tendered to
these unfortunate strangers by Mrs. Jefferson, and her husband
threw open to them his library, whence they got books to while away
the tedium of their captivity. The baroness, a warm-hearted,
intelligent woman, from her immense stature, and her habit of riding
on horseback en cavalier, was long remembered as a kind of wonder
by the good and simple-hearted people of Albermarle. The
intercourse between her household and that at Monticello was that
of neighbors.
 Part of Draft of Declaration of Independence (Fac-simile)

When Phillips, a British officer whom Jefferson characterized as "the

proudest man of the proudest nation on earth," wrote his thanks to
him for his generous kindness, we find Jefferson replying as follows:

The great cause which divides our countries is not to be decided

by individual animosities. The harmony of private societies can
not weaken national efforts. To contribute by neighborly
intercourse and attention to make others happy, is the shortest
and surest way of being happy ourselves. As these sentiments
seem to have directed your conduct, we should be as unwise as
illiberal, were we not to preserve the same temper of mind.

He also had some pleasant intercourse and correspondence with

young De Ungar, an accomplished officer, who seems to have had
many literary and scientific tastes congenial with Jefferson's. He thus
winds up a letter to this young officer:
 When the course of human events shall have removed you to
distant scenes of action, where laurels not moistened with the
blood of my country may be gathered, I shall urge my sincere
prayers for your obtaining every honor and preferment which
may gladden the heart of a soldier. On the other hand, should
your fondness for philosophy resume its merited ascendency, is
it impossible to hope that this unexplored country may tempt
your residence, by holding out materials wherewith to build a
fame, founded on the happiness and not the calamities of
human nature? Be this as it may—a philosopher or a soldier—I
wish you personally many felicities.

The following extract from a letter, written in 1778 to a friend in

Europe, shows Jefferson's extreme fondness of music:

If there is a gratification which I envy any people in this world,

it is, to your country, its music. This is the favorite passion of my
soul, and fortune has cast my lot in a country where it is in a
state of deplorable barbarism. From the line of life in which we
conjecture you to be, I have for some time lost the hope of
seeing you here. Should the event prove so, I shall ask your
assistance in procuring a substitute, who may be a proficient in
singing, etc., on the harpsichord. I should be contented to
receive such an one two or three years hence, when it is hoped
he may come more safely, and find here a greater plenty of
those useful things which commerce alone can furnish. The
bounds of an American fortune will not admit the indulgence of
a domestic band of musicians, yet I have thought that a passion
for music might be reconciled with that economy which we are
obliged to observe.

From his correspondence for the year 1780 I take the following
pleasantly written letter to General De Riedesel. I have elsewhere
alluded to the pleasant intercourse between his family and
Jefferson's, when he was a prisoner on parole in the neighborhood
of Monticello.
 To General De Riedesel.
Richmond, May 3d, 1780.
Sir—Your several favors of December 4th, February 10th, and
March 30th, are come duly to hand. I sincerely condole with
Madame De Riedesel on the birth of a daughter,[13] but receive
great pleasure from the information of her recovery, as every
circumstance of felicity to her, yourself or family, is interesting to
us. The little attentions you are pleased to magnify so much,
never deserved a mention or thought. My mortification was,
that the peculiar situation in which we were, put it out of our
power to render your stay here more comfortable. I am sorry to
learn that the negotiations for the exchange of prisoners have
proved abortive, as well from a desire to see the necessary
distresses of war alleviated in every possible instance, as I am
sensible how far yourself and family are interested in it. Against
this, however, is to be weighed the possibility that we may again
have a pleasure we should otherwise, perhaps, never have had
—that of seeing you again. Be this as it may, opposed as we
happen to be in our sentiments of duty and honor, and anxious
for contrary events, I shall, nevertheless, sincerely rejoice in
every circumstance of happiness or safety which may attend
you personally; and when a termination of the present contest
shall put it into my power to declare to you more unreservedly
how sincere are the sentiments of esteem and respect (wherein
Mrs. Jefferson joins me) which I entertain for Madame De
Riedesel and yourself, and with which I am, sir, your most
obedient and most humble servant,
TH. JEFFERSON.

Jefferson was made Governor of Virginia in 1779; and when

Tarleton, in 1781, reached Charlottesville, after his famous pursuit of
"the boy" Lafayette, who slipped through his fingers, it was expected
that Monticello, as the residence of the Governor, would be pillaged.
The conduct of the British was far different.
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