TO PETER CARR.
Philadelphia, June 22, 1792.
Dear Sir,—I received in due time your favor of May 28, with the notes it contained on the subject of Waste. Your view of the subject, as far as it goes, is perfectly proper. Perhaps, on such a question in this country, where the husbandry is so different, it might be necessary to go further, and inquire whether any difference of this kind should produce a difference in the law. The main objects of the law of waste in England are, 1st, to prevent any disguise of the lands which might lessen the revisioner's evidence of title, such as the change of pasture into arable; 2d, to prevent any deterioration of it, as the cutting down forest, which in England is an injury. So careful is the law there against permitting a deterioration of the land, that though it will permit such improvements in the same line, as manuring arable lands, leading water into pasture lands, &c., yet it will not permit improvements in a different line, such as erecting buildings, converting pasture into arable, &c., lest this should lead to a deterioration. Hence we might argue in Virginia, that though the cutting down of forest in Virginia is, in our husbandry, rather an improvement generally, yet it is not so always, and therefore it is safer never to admit it. Consequently, there is no reason for adopting different rules of waste here from those established in England.
Your objection to Lord Kaims, that he is too metaphysical, is just, and it is the chief objection to which his writings are liable. It is to be observed also, that though he has given us what should be the system of equity, yet it is not the one actually established, at least not in all its parts. The English Chancellors have gone on from one thing to another without any comprehensive or systematic view of the whole field of equity, and therefore they have sometimes run into inconsistencies and contradictions.
Never fear the want of business. A man who qualifies himself well for his calling, never fails of employment in it. The foundation you will have laid in legal reading, will enable you to take a higher ground than most of your competitors, and even ignorant men can see who it is that is not one of themselves. Go on then with courage, and you will be sure of success; for which be assured no one wishes more ardently, nor has more sincere sentiments of friendship towards you, than, dear Sir, your affectionate friend.