CHAP. V.]

JEFFERSON ON COMMITTEES.

193

of 1776 when he was present. It extended over several manuscript pages; and he was chairman of a good many of the committees. As it must always happen in war, many of the topics of the greatest contemporaneous legislative interest and importance were purely temporary or incidental in their importance. The long list would, therefore, now be a dry one; and it may be doubted whether, even in cases where the subject retains its interest, it is of any real use to specify Mr. Jefferson's connection with a committee, unless we are prepared (which, when we have the means, we have not the space for) to state his performances in it. It neither illustrates his character (further than to show what never was denied to him, indefatigable industry), nor does it add much to his fame, at this day, to tenaciously lay claim to all these minor honors of his earlier career!

Three heretofore unpublished letters, written by Mr. Jefferson to his brother-in-law, Mr. Eppes, during the short period which elapsed between the Declaration of Independence and his resignation of his seat, will be found in the Appendix.1

CHAPTER VI.
1776-1779.

Jefferson drafts a Constitution for Virginia-What became of it-Virginia Delegates in Congress chosen-Factions-Jefferson declines, but is chosen-Again declinesHis Double Reasons - Leaves Congress-Appointed a Commissioner to FranceReasons for declining-Takes his Seat in the Virginia House of Delegates-Leader of the Reform Party-Principal Coadjutors, Mason, Wythe, and Madison-Principal Opponents, Pendleton and Nicholas-Bills introduced by Jefferson, and their FateBill to abolish Entails-Effect of this on Virginia considered-Creates a Party hostile to Jefferson-His Bill to naturalize Foreigners-Bill to remove the Seat of Government That to Abolish Entails passed-Bill for a General Revision of the Laws-This passes, and the Revisors appointed-Bill to define Treason-Bill to regulate the Laws of Succession-Bills on other Subjects-The Committee on Religion-Their Proceedings-The existing Church Establishment-Its results Jefferson reports his Bills to establish Courts-Obtains Leave of Absence-Summary of further Proceedings-Project for creating a Dictator-Patrick Henry proposed for Dictator-Wirt's Exculpation of him-How the Project was crushed Jefferson's View of it Meeting of the Law Revisers Their General Plan-Allotment of their Parts Meeting of the General Assembly in 1777-Parties Jefferson's Legislative Dispatch-Brings in various BillsThe Church Question-Called Home by Illness of his Wife-Contest of Parties-R. H. Lee's Defeat-Subsequently vindicated-His Letter to Jefferson Jefferson's Attitude between the Parties-Adjournment-National Events-Fall Session of General Assembly-Jefferson's Bills to establish Courts Elections Jefferson's Appointment on Committees Contest between the two Houses-Final Struggle on Bills to establish Courts Jefferson's Bill to sequester British Property-Report of the Law RevisersHow and by whom the Work was executed-Anecdote of Mr. Wickham-Extent of the Revision-How certain Principles in it were settled-A Sentimental Anecdote exploded Jefferson opposed to the Principle of Retaliation-His Bill for establishing Religious Freedom-Original and amended Copy-His other Religious Bills-History of Religious Bills continued-Washington's, Henry's, and R. H. Lee's opinions in favor of Compulsory Church Levies-The Struggle completed Jefferson's three Educational Bills Copy of Preamble of his Free School Bill-Analysis of its Provisions-Further History of the three Bills Slavery Laws Jefferson's Penal Code-General Analysis of it-His View of the effects of the Revision - Ultimate Fate of the Revision-Letter to Franklin-Chasms in Mr. Jefferson's Correspondence explained-His warm Appeal for British Prisoners-Correspondence with English and German Officers-Philips, de Riedesel, de Geismer, etc. - Letter to Philips and to de Unger-Courtesies to the Prisoners The Baroness de Riedesel-How Jefferson was repaid by the English and German Officers.

It will be remembered that when the Virginia Convention instructed their delegates in Congress to move for Indepen

CHAP. VI.]

JEFFERSON'S DRAFT OF CONSTITUTION.

195

dence, they also appointed a Committee to draft a "Declaration of Rights" and a "plan of government" for Virginia. While this Committee were engaged in their duties, Mr. Jefferson found time to prepare and forward from Congress (by Mr. Wythe, returning to take a seat in the Convention), the outline of a plan for their consideration. He thus mentions the facts, and what resulted, in a letter to Judge Augustus B. Woodward (April 3, 1825):

"The fact is unquestionable, that the Bill of Rights, and the Constitution of Virginia, were drawn originally by George Mason, one of our really great men, and of the first order of greatness. The history of the preamble to the latter is this: I was then at Philadelphia with Congress; and knowing that the Convention of Virginia was engaged in forming a plan of government, I turned my mind to the same subject, and drew a sketch or outline of a Constitution, with a preamble, which I sent to Mr. Pendleton, president of the Convention, on the mere possibility that it might suggest something worth incorporation into that before the Convention. He informed me afterwards by letter, that he received it on the day on which the Committee of the Whole had reported to the House the plan they had agreed to; that that had been so long in hand, so disputed inch by inch, and the subject of so much altercation and debate; that they were worried with the contentions it had produced, and could not, from mere lassitude, have been induced to open the instrument again; but that, being pleased with the preamble to mine, they adopted it in the House, by way of amendment to the Report of the Committee; and thus my preamble became tacked to the work of George Mason. The Constitution, with the preamble, was passed on the 29th of June, and the Committee of Congress had only the day before that reported to that body the draft of the Declaration of Independence. The fact is, that the preamble was prior in composition to the Declaration; and both having the same object, of justifying our separation from Great Britain, they used necessarily the same materials of justification, and hence their similitude."

On the 20th of June, the Convention balloted for delegates to Congress for the ensuing year, commencing on the 11th of August. Five of the former delegates were re-chosen, but Colonel Harrison and Mr. Braxton were left off, and no others put in their places. Girardin says the reason assigned for this proceeding was "economy, and a wish to obtain the aid of the

196

HE DECLINES A SEAT IN CONGRESS.

[CHAP. VI.

supernumeraries in the arduous business of internal government;" but he intimates that this was but an excuse, and mentions causes that had temporarily injured the popularity of Harrison and Braxton. We suspect our historian was not informed of all the causes, and that they must be looked for, at least in part, in the Congressional feuds heretofore described. R. H. Lee was now in Virginia. If he had any direct agency in the affair (a fact in regard to which we know nothing) the account was ere long to be signally balanced, when Colonel Harrison had the like advantage of being at home, and when Mr. Lee was absent in Congress.

Mr. Jefferson had been re-chosen, notwithstanding he had expressed to the Convention a desire to withdraw from his seat. On receiving notice of his election, he wrote Mr. Pendleton, President of the Convention:

"I am sorry the situation of my domestic affairs renders it indispensably necessary that I should solicit the substitution of some other person here, in my room. The delicacy of the House will not require me to enter minutely into the private causes which render this necessary. I trust they will be satisfied I would not have urged it again, were it not unavoidable. I shall with cheerfulness continue in duty here until the expiration of one year, by which time I hope it will be convenient for my successor to attend."

He assigned an additional reason in his Memoir, which could not have been, without some show of egotism, offered to the Convention:

"Our delegation had been renewed for the ensuing year, commencing August 11th; but the new government was now organized, a meeting of the Legislature was to be held in October, and I had been elected a member by my county. I knew that our legislation, under the regal government, had many very vicious points which urgently required reformation, and I thought I could be of more use in forwarding that work." 1

He accordingly left Congress on the 2d of September, resigned his seat, and on the next day set out for Virginia. On the 10th of the ensuing October, the House of Delegates of Virginia (assembled under the new Constitution) chose Colonel Harrison to supply the vacancy by a vote of sixty-nine, to five

CHAP. VI.]

ENTERS VIRGINIA LEGISLATURE.

197

votes cast for Meriwether Smith; and the Delegates resolved, unanimously, "that the thanks of this House are justly due to the said Benjamin Harrison, for the diligence, ability, and integrity with which he executed the important trust reposed in him as one of the delegates for this country in the General Congress." (See Journals, p. 8.)

On the 30th of September, Congress appointed foreign commissioners or ministers. Dr. Franklin and Mr. Jefferson were associated with Silas Deane to negotiate treaties of alliance and commerce with France. Deane was already in that country to procure military stores, and as a secret agent to its government; and this doubtless accounts for his unfortunate elevation to his present position. The same considerations which influenced Mr. Jefferson to decline a seat in Congress, operated with double force to compel him to decline this flattering appointment.

He took his seat in the Virginia House of Delegates, October 7th, 1776, the first day of the session. Four days afterwards, as anticipated by Mr. Wythe, he began vigorously to "effect" that "reform" which the civil system of Virginia still required to conform it to anything like broadly republican theories. While Mr. Jefferson found a body of younger or hitherto less distinguished associates, who seconded his efforts with great ability and zeal, the old conservative chiefs in the House, now as on a former field and occasion, drew steadily in another direction; where they could not defeat, impeded; and where they could not delay, by their adroitness, perseverance, and personal influence, made almost every important victory purchasable only at the price of some compromise which chopped away a valuable portion of its fruits.

Mr. Jefferson thus, in his Memoir, described his principal coadjutors: