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AUTOBIOGRAPHY
by Thomas Jefferson
AUTOBIOGRAPHY
1743 -- 1790
_With the Declaration of Independence_
January 6, 1821
At the age of 77, I begin to make some memoranda and state some
recollections of dates & facts concerning myself, for my own more
ready reference & for the information of my family.
The tradition in my father's family was that their ancestor
came to this country from Wales, and from near the mountain of
Snowdon, the highest in Gr. Br. I noted once a case from Wales in the
law reports where a person of our name was either pl. or def. and one
of the same name was Secretary to the Virginia company. These are
the only instances in which I have met with the name in that country.
I have found it in our early records, but the first particular
information I have of any ancestor was my grandfather who lived at
the place in Chesterfield called Ozborne's and ownd. the lands
afterwards the glebe of the parish. He had three sons, Thomas who
died young, Field who settled on the waters of Roanoke and left
numerous descendants, and Peter my father, who settled on the lands I
still own called Shadwell adjoining my present residence. He was
born Feb. 29, 1707/8, and intermarried 1739. with Jane Randolph, of
the age of 19. daur of Isham Randolph one of the seven sons of that
name & family settled at Dungeoness in Goochld. They trace their
pedigree far back in England & Scotland, to which let every one
ascribe the faith & merit he chooses.
My father's education had been quite neglected; but being of a
strong mind, sound judgment and eager after information, he read much
and improved himself insomuch that he was chosen with Joshua Fry
professor of Mathem. in W. & M. college to continue the boundary line
between Virginia & N. Caroline which had been begun by Colo Byrd, and
was afterwards employed with the same Mr. Fry to make the 1st map of
Virginia which had ever been made, that of Capt 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 3d or 4th settler of the part of the
country in which I live, which was about 1737. He died Aug. 17.
1757, leaving my mother a widow who lived till 1776, with 6 daurs &
2. sons, myself the elder. To my younger brother he left his estate
on James river called Snowden after the supposed birth-place of the
family. To myself the lands on which I was born & live. He placed
me at the English school at 5. years of age and at the Latin at 9.
where I continued until his death. My teacher Mr. Douglas a
clergyman from Scotland was but a superficial Latinist, less
instructed in Greek, but with the rudiments of these languages he
taught me French, and on the death of my father I went to the revd
Mr. Maury a correct classical scholar, with whom I continued two
years, and then went to Wm. and Mary college, to wit in the spring of
1760, where I continued 2. years. It was my great good fortune, and
what probably fixed the destinies of my life that Dr. Wm. Small of
Scotland was then professor of Mathematics, a man profound in most of
the useful branches of science, with a happy talent of communication,
correct and gentlemanly manners, & an enlarged & liberal mind. He,
most happily for me, became soon attached to me & 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 & 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 & 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 G. 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 & Mr. Wythe, his amici omnium
horarum, & myself, formed a partie quarree, & 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. In 1767, he led me into the
practice of the law at the bar of the General court, at which I
continued until the revolution shut up the courts of justice. [For a
sketch of the life & character of Mr. Wythe see my letter of Aug. 31.
20. to Mr. John Saunderson]
In 1769, I became a member of the legislature by the choice of
the county in which I live, & continued in that until it was closed
by the revolution. I made one effort in that body for the permission
of the emancipation of slaves, which was rejected: and indeed, during
the regal government, nothing liberal could expect success. Our
minds were circumscribed within narrow limits by an habitual belief
that it was our duty to be subordinate to the mother country in all
matters of government, to direct all our labors in subservience to
her interests, and even to observe a bigoted intolerance for all
religions but hers. The difficulties with our representatives were
of habit and despair, not of reflection & conviction. Experience
soon proved that they could bring their minds to rights on the first
summons of their attention. But the king's council, which acted as
another house of legislature, held their places at will & were in
most humble obedience to that will: the Governor too, who had a
negative on our laws held by the same tenure, & with still greater
devotedness to it: and last of all the Royal negative closed the last
door to every hope of amelioration.
On the 1st of January, 1772 I was married to Martha Skelton
widow of Bathurst Skelton, & daughter of John Wayles, then 23. years
old. Mr. Wayles was a lawyer of much practice, to which he was
introduced more by his great industry, punctuality & practical
readiness, than to eminence in the science of his profession. He was
a most agreeable companion, full of pleasantry & good humor, and
welcomed in every society. He acquired a handsome fortune, died in
May, 1773, leaving three daughters, and the portion which came on
that event to Mrs. Jefferson, after the debts should be paid, which
were very considerable, was about equal to my own patrimony, and
consequently doubled the ease of our circumstances.
When the famous Resolutions of 1765, against the Stamp-act,
were proposed, I was yet a student of law in Wmsbg. I attended the
debate however at the door of the lobby of the H. of Burgesses, &
heard the splendid display of Mr. Henry's talents as a popular
orator. They were great indeed; such as I have never heard from any
other man. He appeared to me to speak as Homer wrote. Mr. Johnson,
a lawyer & member from the Northern Neck, seconded the resolns, & by
him the learning & the logic of the case were chiefly maintained. My
recollections of these transactions may be seen pa. 60, Wirt's life
of P. H., to whom I furnished them.
In May, 1769, a meeting of the General Assembly was called by
the Govr., Ld. Botetourt. I had then become a member; and to that
meeting became known the joint resolutions & address of the Lords &
Commons of 1768 -- 9, on the proceedings in Massachusetts.
Counter-resolutions, & an address to the King, by the H. of Burgesses
were agreed to with little opposition, & a spirit manifestly
displayed of considering the cause of Massachusetts as a common one.
The Governor dissolved us: but we met the next day in the Apollo of
the Raleigh tavern, formed ourselves into a voluntary convention,
drew up articles of association against the use of any merchandise
imported from Gr. Britain, signed and recommended them to the people,
repaired to our several counties, & were re elected without any other
exception than of the very few who had declined assent to our
proceedings.
Nothing of particular excitement occurring for a considerable
time our countrymen seemed to fall into a state of insensibility to
our situation. The duty on tea not yet repealed & the Declaratory
act of a right in the British parl to bind us by their laws in all
cases whatsoever, still suspended over us. But a court of inquiry
held in R. Island in 1762, with a power to send persons to England to
be tried for offences committed here was considered at our session of
the spring of 1773. as demanding attention. Not thinking our old &
leading members up to the point of forwardness & zeal which the times
required, Mr. Henry, R. H. Lee, Francis L. Lee, Mr. Carr & myself
agreed to meet in the evening in a private room of the Raleigh to
consult on the state of things. There may have been a member or two
more whom I do not recollect. We were all sensible that the most
urgent of all measures was that of coming to an understanding with
all the other colonies to consider the British claims as a common
cause to all, & to produce an unity of action: and for this purpose
that a commee of correspondce in each colony would be the best
instrument for intercommunication: and that their first measure would
probably be to propose a meeting of deputies from every colony at
some central place, who should be charged with the direction of the
measures which should be taken by all. We therefore drew up the
resolutions which may be seen in Wirt pa 87. The consulting members
proposed to me to move them, but I urged that it should be done by
Mr. Carr, my friend & brother in law, then a new member to whom I
wished an opportunity should be given of making known to the house
his great worth & talents. It was so agreed; he moved them, they
were agreed to nem. con. and a commee of correspondence appointed of
whom Peyton Randolph, the Speaker, was chairman. The Govr. (then Ld.
Dunmore) dissolved us, but the commee met the next day, prepared a
circular letter to the Speakers of the other colonies, inclosing to
each a copy of the resolns and left it in charge with their chairman
to forward them by expresses.
The origination of these commees of correspondence between the
colonies has been since claimed for Massachusetts, and Marshall II.
151, has given into this error, altho' the very note of his appendix
to which he refers, shows that their establmt was confined to their
own towns. This matter will be seen clearly stated in a letter of
Samuel Adams Wells to me of Apr. 2., 1819, and my answer of May 12.
I was corrected by the letter of Mr. Wells in the information I had
given Mr. Wirt, as stated in his note, pa. 87, that the messengers of
Massach. & Virga crossed each other on the way bearing similar
propositions, for Mr. Wells shows that Mass. did not adopt the
measure but on the receipt of our proposn delivered at their next
session. Their message therefore which passed ours, must have
related to something else, for I well remember P. Randolph's
informing me of the crossing of our messengers.
The next event which excited our sympathies for Massachusets
was the Boston port bill, by which that port was to be shut up on the
1st of June, 1774. This arrived while we were in session in the
spring of that year. The lead in the house on these subjects being
no longer left to the old members, Mr. Henry, R. H. Lee, Fr. L. Lee,
3. or 4. other members, whom I do not recollect, and myself, agreeing
that we must boldly take an unequivocal stand in the line with
Massachusetts, determined to meet and consult on the proper measures
in the council chamber, for the benefit of the library in that room.
We were under conviction of the necessity of arousing our people from
the lethargy into which they had fallen as to passing events; and
thought that the appointment of a day of general fasting & prayer
would be most likely to call up & alarm their attention. No example
of such a solemnity had existed since the days of our distresses in
the war of 55. since which a new generation had grown up. With the
help therefore of Rushworth, whom we rummaged over for the
revolutionary precedents & forms of the Puritans of that day,
preserved by him, we cooked up a resolution, somewhat modernizing
their phrases, for appointing the 1st day of June, on which the Port
bill was to commence, for a day of fasting, humiliation & prayer, to
implore heaven to avert from us the evils of civil war, to inspire us
with firmness in support of our rights, and to turn the hearts of the
King & parliament to moderation & justice. To give greater emphasis
to our proposition, we agreed to wait the next morning on Mr.
Nicholas, whose grave & religious character was more in unison with
the tone of our resolution and to solicit him to move it. We
accordingly went to him in the morning. He moved it the same day;
the 1st of June was proposed and it passed without opposition. The
Governor dissolved us as usual. We retired to the Apollo as before,
agreed to an association, and instructed the commee of correspdce to
propose to the corresponding commees of the other colonies to appoint
deputies to meet in Congress at such place, _annually_, as should be
convenient to direct, from time to time, the measures required by the
general interest: and we declared that an attack on any one colony
should be considered as an attack on the whole. This was in May. We
further recommended to the several counties to elect deputies to meet
at Wmsbg the 1st of Aug ensuing, to consider the state of the colony,
& particularly to appoint delegates to a general Congress, should
that measure be acceded to by the commees of correspdce generally.
It was acceded to, Philadelphia was appointed for the place, and the
5th of Sep. for the time of meeting. We returned home, and in our
several counties invited the clergy to meet assemblies of the people
on the 1st of June, to perform the ceremonies of the day, & to
address to them discourses suited to the occasion. The people met
generally, with anxiety & alarm in their countenances, and the effect
of the day thro' the whole colony was like a shock of electricity,
arousing every man & placing him erect & solidly on his centre. They
chose universally delegates for the convention. Being elected one
for my own county I prepared a draught of instructions to be given to
the delegates whom we should send to the Congress, and which I meant
to propose at our meeting. In this I took the ground which, from the
beginning I had thought the only one orthodox or tenable, which was
that the relation between Gr. Br. and these colonies was exactly the
same as that of England & Scotland after the accession of James &
until the Union, and the same as her present relations with Hanover,
having the same Executive chief but no other necessary political
connection; and that our emigration from England to this country gave
her no more rights over us, than the emigrations of the Danes and
Saxons gave to the present authorities of the mother country over
England. In this doctrine however I had never been able to get any
one to agree with me but Mr. Wythe. He concurred in it from the
first dawn of the question What was the political relation between us
& England? Our other patriots Randolph, the Lees, Nicholas,
Pendleton stopped at the half-way house of John Dickinson who
admitted that England had a right to regulate our commerce, and to
lay duties on it for the purposes of regulation, but not of raising
revenue. But for this ground there was no foundation in compact, in
any acknowledged principles of colonization, nor in reason:
expatriation being a natural right, and acted on as such, by all
nations, in all ages. I set out for Wmsbg some days before that
appointed for our meeting, but was taken ill of a dysentery on the
road, & unable to proceed. I sent on therefore to Wmsbg two copies
of my draught, the one under cover to Peyton Randolph, who I knew
would be in the chair of the convention, the other to Patrick Henry.
Whether Mr. Henry disapproved the ground taken, or was too lazy to
read it (for he was the laziest man in reading I ever knew) I never
learned: but he communicated it to nobody. Peyton Randolph informed
the convention he had received such a paper from a member prevented
by sickness from offering it in his place, and he laid it on the
table for perusal. It was read generally by the members, approved by
many, but thought too bold for the present state of things; but they
printed it in pamphlet form under the title of "A Summary view of the
rights of British America." It found its way to England, was taken up
by the opposition, interpolated a little by Mr. Burke so as to make
it answer opposition purposes, and in that form ran rapidly thro'
several editions. This information I had from Parson Hurt, who
happened at the time to be in London, whether he had gone to receive
clerical orders. And I was informed afterwards by Peyton Randolph
that it had procured me the honor of having my name inserted in a
long list of proscriptions enrolled in a bill of attainder commenced
in one of the houses of parliament, but suppressed in embryo by the
hasty step of events which warned them to be a little cautious.
Montague, agent of the H. of Burgesses in England made extracts from
the bill, copied the names, and sent them to Peyton Randolph. The
names I think were about 20 which he repeated to me, but I recollect
those only of Hancock, the two Adamses, Peyton Randolph himself,
Patrick Henry, & myself. (* 1) The convention met on the 1st of Aug,
renewed their association, appointed delegates to the Congress, gave
them instructions very temperately & properly expressed, both as to
style & matter; and they repaired to Philadelphia at the time
appointed. The splendid proceedings of that Congress at their 1st
session belong to general history, are known to every one, and need
not therefore be noted here. They terminated their session on the
26th of Octob, to meet again on the 10th May ensuing. The convention
at their ensuing session of Mar, '75, approved of the proceedings of
Congress, thanked their delegates and reappointed the same persons to
represent the colony at the meeting to be held in May: and foreseeing
the probability that Peyton Randolph their president and Speaker also
of the H. of B. might be called off, they added me, in that event to
the delegation.
(* 1) See Girardin's _History of Virginia,_ Appendix No. 12,
note.
Mr. Randolph was according to expectation obliged to leave the
chair of Congress to attend the Gen. Assembly summoned by Ld.
Dunmore to meet on the 1st day of June 1775. Ld. North's
conciliatory propositions, as they were called, had been received by
the Governor and furnished the subject for which this assembly was
convened. Mr. Randolph accordingly attended, and the tenor of these
propositions being generally known, as having been addressed to all
the governors, he was anxious that the answer of our assembly, likely
to be the first, should harmonize with what he knew to be the
sentiments and wishes of the body he had recently left. He feared
that Mr. Nicholas, whose mind was not yet up to the mark of the
times, would undertake the answer, & therefore pressed me to prepare
an answer. I did so, and with his aid carried it through the house
with long and doubtful scruples from Mr. Nicholas and James Mercer,
and a dash of cold water on it here & there, enfeebling it somewhat,
but finally with unanimity or a vote approaching it. This being
passed, I repaired immediately to Philadelphia, and conveyed to
Congress the first notice they had of it. It was entirely approved
there. I took my seat with them on the 21st of June. On the 24th, a
commee which had been appointed to prepare a declaration of the
causes of taking up arms, brought in their report (drawn I believe by
J. Rutledge) which not being liked they recommitted it on the 26th,
and added Mr. Dickinson and myself to the committee. On the rising
of the house, the commee having not yet met, I happened to find
myself near Govr W. Livingston, and proposed to him to draw the
paper. He excused himself and proposed that I should draw it. On my
pressing him with urgency, "we are as yet but new acquaintances, sir,
said he, why are you so earnest for my doing it?" "Because, said I,
I have been informed that you drew the Address to the people of Gr.
Britain, a production certainly of the finest pen in America." "On
that, says he, perhaps sir you may not have been correctly informed."
I had received the information in Virginia from Colo Harrison on his
return from that Congress. Lee, Livingston & Jay had been the commee
for that draught. The first, prepared by Lee, had been disapproved &
recommitted. The second was drawn by Jay, but being presented by
Govr Livingston, had led Colo Harrison into the error. The next
morning, walking in the hall of Congress, many members being
assembled but the house not yet formed, I observed Mr. Jay, speaking
to R. H. Lee, and leading him by the button of his coat, to me. "I
understand, sir, said he to me, that this gentleman informed you that
Govr Livingston drew the Address to the people of Gr Britain." I
assured him at once that I had not received that information from Mr.
Lee & that not a word had ever passed on the subject between Mr. Lee
& myself; and after some explanations the subject was dropt. These
gentlemen had had some sparrings in debate before, and continued ever
very hostile to each other.
I prepared a draught of the Declaration committed to us. It
was too strong for Mr. Dickinson. He still retained the hope of
reconciliation with the mother country, and was unwilling it should
be lessened by offensive statements. He was so honest a man, & so
able a one that he was greatly indulged even by those who could not
feel his scruples. We therefore requested him to take the paper, and
put it into a form he could approve. He did so, preparing an entire
new statement, and preserving of the former only the last 4.
paragraphs & half of the preceding one. We approved & reported it to
Congress, who accepted it. Congress gave a signal proof of their
indulgence to Mr. Dickinson, and of their great desire not to go too
fast for any respectable part of our body, in permitting him to draw
their second petition to the King according to his own ideas, and
passing it with scarcely any amendment. The disgust against this
humility was general; and Mr. Dickinson's delight at its passage was
the only circumstance which reconciled them to it. The vote being
passed, altho' further observn on it was out of order, he could not
refrain from rising and expressing his satisfaction and concluded by
saying "there is but one word, Mr. President, in the paper which I
disapprove, & that is the word _Congress_," on which Ben Harrison
rose and said "there is but on word in the paper, Mr. President, of
which I approve, and that is the word _Congress._"
On the 22d of July Dr. Franklin, Mr. Adams, R. H. Lee, &
myself, were appointed a commee to consider and report on Ld. North's
conciliatory resolution. The answer of the Virginia assembly on that
subject having been approved I was requested by the commee to prepare
this report, which will account for the similarity of feature in the
two instruments.
On the 15th of May, 1776, the convention of Virginia instructed
their delegates in Congress to propose to that body to declare the
colonies independent of G. Britain, and appointed a commee to prepare
a declaration of rights and plan of government.
In Congress, Friday June 7. 1776. The delegates from Virginia
moved in obedience to instructions from their constituents that the
Congress should declare that these United colonies are & of right
ought to be free & independent states, that they are absolved from
all allegiance to the British crown, and that all political
connection between them & the state of Great Britain is & ought to
be, totally dissolved; that measures should be immediately taken for
procuring the assistance of foreign powers, and a Confederation be
formed to bind the colonies more closely together.
The house being obliged to attend at that time to some other
business, the proposition was referred to the next day, when the
members were ordered to attend punctually at ten o'clock.
Saturday June 8. They proceeded to take it into consideration
and referred it to a committee of the whole, into which they
immediately resolved themselves, and passed that day & Monday the
10th in debating on the subject.
It was argued by Wilson, Robert R. Livingston, E. Rutledge,
Dickinson and others
That tho' they were friends to the measures themselves, and saw
the impossibility that we should ever again be united with Gr.
Britain, yet they were against adopting them at this time:
That the conduct we had formerly observed was wise & proper
now, of deferring to take any capital step till the voice of the
people drove us into it:
That they were our power, & without them our declarations could
not be carried into effect;
That the people of the middle colonies (Maryland, Delaware,
Pennsylva, the Jerseys & N. York) were not yet ripe for bidding adieu
to British connection, but that they were fast ripening & in a short
time would join in the general voice of America:
That the resolution entered into by this house on the 15th of
May for suppressing the exercise of all powers derived from the
crown, had shown, by the ferment into which it had thrown these
middle colonies, that they had not yet accommodated their minds to a
separation from the mother country:
That some of them had expressly forbidden their delegates to
consent to such a declaration, and others had given no instructions,
& consequently no powers to give such consent:
That if the delegates of any particular colony had no power to
declare such colony independant, certain they were the others could
not declare it for them; the colonies being as yet perfectly
independant of each other:
That the assembly of Pennsylvania was now sitting above stairs,
their convention would sit within a few days, the convention of New
York was now sitting, & those of the Jerseys & Delaware counties
would meet on the Monday following, & it was probable these bodies
would take up the question of Independance & would declare to their
delegates the voice of their state:
That if such a declaration should now be agreed to, these
delegates must retire & possibly their colonies might secede from the
Union:
That such a secession would weaken us more than could be
compensated by any foreign alliance:
That in the event of such a division, foreign powers would
either refuse to join themselves to our fortunes, or, having us so
much in their power as that desperate declaration would place us,
they would insist on terms proportionably more hard and prejudicial:
That we had little reason to expect an alliance with those to
whom alone as yet we had cast our eyes:
That France & Spain had reason to be jealous of that rising
power which would one day certainly strip them of all their American
possessions:
That it was more likely they should form a connection with the
British court, who, if they should find themselves unable otherwise
to extricate themselves from their difficulties, would agree to a
partition of our territories, restoring Canada to France, & the
Floridas to Spain, to accomplish for themselves a recovery of these
colonies:
That it would not be long before we should receive certain
information of the disposition of the French court, from the agent
whom we had sent to Paris for that purpose:
That if this disposition should be favorable, by waiting the
event of the present campaign, which we all hoped would be
successful, we should have reason to expect an alliance on better
terms:
That this would in fact work no delay of any effectual aid from
such ally, as, from the advance of the season & distance of our
situation, it was impossible we could receive any assistance during
this campaign:
That it was prudent to fix among ourselves the terms on which
we should form alliance, before we declared we would form one at all
events:
And that if these were agreed on, & our Declaration of
Independance ready by the time our Ambassador should be prepared to
sail, it would be as well as to go into that Declaration at this day.
On the other side it was urged by J. Adams, Lee, Wythe, and
others
That no gentleman had argued against the policy or the right of
separation from Britain, nor had supposed it possible we should ever
renew our connection; that they had only opposed its being now
declared:
That the question was not whether, by a declaration of
independance, we should make ourselves what we are not; but whether
we should declare a fact which already exists:
That as to the people or parliament of England, we had alwais
been independent of them, their restraints on our trade deriving
efficacy from our acquiescence only, & not from any rights they
possessed of imposing them, & that so far our connection had been
federal only & was now dissolved by the commencement of hostilities:
That as to the King, we had been bound to him by allegiance,
but that this bond was now dissolved by his assent to the late act of
parliament, by which he declares us out of his protection, and by his
levying war on us, a fact which had long ago proved us out of his
protection; it being a certain position in law that allegiance &
protection are reciprocal, the one ceasing when the other is
withdrawn:
That James the IId. never declared the people of England out of
his protection yet his actions proved it & the parliament declared
it:
No delegates then can be denied, or ever want, a power of
declaring an existing truth:
That the delegates from the Delaware counties having declared
their constituents ready to join, there are only two colonies
Pennsylvania & Maryland whose delegates are absolutely tied up, and
that these had by their instructions only reserved a right of
confirming or rejecting the measure:
That the instructions from Pennsylvania might be accounted for
from the times in which they were drawn, near a twelvemonth ago,
since which the face of affairs has totally changed:
That within that time it had become apparent that Britain was
determined to accept nothing less than a carte-blanche, and that the
King's answer to the Lord Mayor Aldermen & common council of London,
which had come to hand four days ago, must have satisfied every one
of this point:
That the people wait for us to lead the way:
That _they_ are in favour of the measure, tho' the instructions
given by some of their _representatives_ are not:
That the voice of the representatives is not always consonant
with the voice of the people, and that this is remarkably the case in
these middle colonies:
That the effect of the resolution of the 15th of May has proved
this, which, raising the murmurs of some in the colonies of
Pennsylvania & Maryland, called forth the opposing voice of the freer
part of the people, & proved them to be the majority, even in these
colonies:
That the backwardness of these two colonies might be ascribed
partly to the influence of proprietary power & connections, & partly
to their having not yet been attacked by the enemy:
That these causes were not likely to be soon removed, as there
seemed no probability that the enemy would make either of these the
seat of this summer's war:
That it would be vain to wait either weeks or months for
perfect unanimity, since it was impossible that all men should ever
become of one sentiment on any question:
That the conduct of some colonies from the beginning of this
contest, had given reason to suspect it was their settled policy to
keep in the rear of the confederacy, that their particular prospect
might be better, even in the worst event:
That therefore it was necessary for those colonies who had
thrown themselves forward & hazarded all from the beginning, to come
forward now also, and put all again to their own hazard:
That the history of the Dutch revolution, of whom three states
only confederated at first proved that a secession of some colonies
would not be so dangerous as some apprehended:
That a declaration of Independence alone could render it
consistent with European delicacy for European powers to treat with
us, or even to receive an Ambassador from us:
That till this they would not receive our vessels into their
ports, nor acknowledge the adjudications of our courts of admiralty
to be legitimate, in cases of capture of British vessels:
That though France & Spain may be jealous of our rising power,
they must think it will be much more formidable with the addition of
Great Britain; and will therefore see it their interest to prevent a
coalition; but should they refuse, we shall be but where we are;
whereas without trying we shall never know whether they will aid us
or not:
That the present campaign may be unsuccessful, & therefore we
had better propose an alliance while our affairs wear a hopeful
aspect:
That to await the event of this campaign will certainly work
delay, because during this summer France may assist us effectually by
cutting off those supplies of provisions from England & Ireland on
which the enemy's armies here are to depend; or by setting in motion
the great power they have collected in the West Indies, & calling our
enemy to the defence of the possessions they have there:
That it would be idle to lose time in settling the terms of
alliance, till we had first determined we would enter into alliance:
That it is necessary to lose no time in opening a trade for our
people, who will want clothes, and will want money too for the
paiment of taxes:
And that the only misfortune is that we did not enter into
alliance with France six months sooner, as besides opening their
ports for the vent of our last year's produce, they might have
marched an army into Germany and prevented the petty princes there
from selling their unhappy subjects to subdue us.
It appearing in the course of these debates that the colonies
of N. York, New Jersey, Pennsylvania, Delaware, Maryland, and South
Carolina were not yet matured for falling from the parent stem, but
that they were fast advancing to that state, it was thought most
prudent to wait a while for them, and to postpone the final decision
to July 1. but that this might occasion as little delay as possible a
committee was appointed to prepare a declaration of independence.
The commee were J. Adams, Dr. Franklin, Roger Sherman, Robert R.
Livingston & myself. Committees were also appointed at the same time
to prepare a plan of confederation for the colonies, and to state the
terms proper to be proposed for foreign alliance. The committee for
drawing the declaration of Independence desired me to do it. It was
accordingly done, and being approved by them, I reported it to the
house on Friday the 28th of June when it was read and ordered to lie
on the table. On Monday, the 1st of July the house resolved itself
into a commee of the whole & resumed the consideration of the
original motion made by the delegates of Virginia, which being again
debated through the day, was carried in the affirmative by the votes
of N. Hampshire, Connecticut, Massachusetts, Rhode Island, N. Jersey,
Maryland, Virginia, N. Carolina, & Georgia. S. Carolina and
Pennsylvania voted against it. Delaware having but two members
present, they were divided. The delegates for New York declared they
were for it themselves & were assured their constituents were for it,
but that their instructions having been drawn near a twelvemonth
before, when reconciliation was still the general object, they were
enjoined by them to do nothing which should impede that object. They
therefore thought themselves not justifiable in voting on either
side, and asked leave to withdraw from the question, which was given
them. The commee rose & reported their resolution to the house. Mr.
Edward Rutledge of S. Carolina then requested the determination might
be put off to the next day, as he believed his colleagues, tho' they
disapproved of the resolution, would then join in it for the sake of
unanimity. The ultimate question whether the house would agree to
the resolution of the committee was accordingly postponed to the next
day, when it was again moved and S. Carolina concurred in voting for
it. In the meantime a third member had come post from the Delaware
counties and turned the vote of that colony in favour of the
resolution. Members of a different sentiment attending that morning
from Pennsylvania also, their vote was changed, so that the whole 12
colonies who were authorized to vote at all, gave their voices for
it; and within a few days, the convention of N. York approved of it
and thus supplied the void occasioned by the withdrawing of her
delegates from the vote.
Congress proceeded the same day to consider the declaration of
Independance which had been reported & lain on the table the Friday
preceding, and on Monday referred to a commee of the whole. The
pusillanimous idea that we had friends in England worth keeping terms
with, still haunted the minds of many. For this reason those
passages which conveyed censures on the people of England were struck
out, lest they should give them offence. The clause too, reprobating
the enslaving the inhabitants of Africa, was struck out in
complaisance to South Carolina and Georgia, who had never attempted
to restrain the importation of slaves, and who on the contrary still
wished to continue it. Our northern brethren also I believe felt a
little tender under those censures; for tho' their people have very
few slaves themselves yet they had been pretty considerable carriers
of them to others. The debates having taken up the greater parts of
the 2d 3d & 4th days of July were, in the evening of the last, closed
the declaration was reported by the commee, agreed to by the house
and signed by every member present except Mr. Dickinson. As the
sentiments of men are known not only by what they receive, but what
they reject also, I will state the form of the declaration as
originally reported. The parts struck out by Congress shall be
distinguished by a black line drawn under them; & those inserted by
them shall be placed in the margin or in a concurrent column.
A Declaration by the Representatives of the
United States of America, in General
Congress Assembled.
When in the course of human events it becomes necessary for one
people to dissolve the political bands which have connected them with
another, and to assume among the powers of the earth the separate &
equal station to which the laws of nature and of nature's God entitle
them, a decent respect to the opinions of mankind requires that they
should declare the causes which impel them to the separation.
We hold these truths to be self-evident: that all men are
created equal; that they are endowed by their creator with *inherent
and* [certain] inalienable rights; that among these are life,
liberty, & the pursuit of happiness: that to secure these rights,
governments are instituted among men, deriving their just powers from
the consent of the governed; that whenever any form of government
becomes destructive of these ends, it is the right of the people to
alter or abolish it, & to institute new government, laying it's
foundation on such principles, & organizing it's powers in such form,
as to them shall seem most likely to effect their safety & happiness.
Prudence indeed will dictate that governments long established should
not be changed for light & transient causes; and accordingly all
experience hath shown that mankind are more disposed to suffer while
evils are sufferable, than to right themselves by abolishing the
forms to which they are accustomed. But when a long train of abuses
& usurpations *begun at a distinguished period and* pursuing
invariably the same object, evinces a design to reduce them under
absolute despotism, it is their right, it is their duty to throw off
such government, & to provide new guards for their future security.
Such has been the patient sufferance of these colonies; & such is now
the necessity which constrains them to *expunge* [alter] their former
systems of government. The history of the present king of Great
Britain is a history of *unremitting* [repeated] injuries &
usurpations, *among which appears no solitary fact to contradict the
uniform tenor of the rest but all have* [all having] in direct object
the establishment of an absolute tyranny over these states. To prove
this let facts be submitted to a candid world *for the truth of which
we pledge a faith yet unsullied by falsehood.*
He has refused his assent to laws the most wholesome &
necessary for the public good.
He has forbidden his governors to pass laws of immediate &
pressing importance, unless suspended in their operation till his
assent should be obtained; & when so suspended, he has utterly
neglected to attend to them.
He has refused to pass other laws for the accommodation of
large districts of people, unless those people would relinquish the
right of representation in the legislature, a right inestimable to
them, & formidable to tyrants only.
He has called together legislative bodies at places unusual,
uncomfortable, and distant from the depository of their public
records, for the sole purpose of fatiguing them into compliance with
his measures.
He has dissolved representative houses repeatedly *&
continually* for opposing with manly firmness his invasions on the
rights of the people.
He has refused for a long time after such dissolutions to cause
others to be elected, whereby the legislative powers, incapable of
annihilation, have returned to the people at large for their
exercise, the state remaining in the meantime exposed to all the
dangers of invasion from without & convulsions within.
He has endeavored to prevent the population of these states;
for that purpose obstructing the laws for naturalization of
foreigners, refusing to pass others to encourage their migrations
hither, & raising the conditions of new appropriations of lands.
He has *suffered* [obstructed] the administration of justice
*totally to cease in some of these states* [by] refusing his [assent
to laws for establishing judiciary powers.
He has made *our* judges dependant on his will alone, for the
tenure of their offices, & the amount & paiment of their salaries.
He has erected a multitude of new offices *by a self assumed
power* and sent hither swarms of new officers to harass our people
and eat out their substance.
He has kept among us in times of peace standing armies *and
ships of war* without the consent of our legislatures.
He has affected to render the military independant of, &
superior to the civil power.
He has combined with others to subject us to a jurisdiction
foreign to our constitutions & unacknowledged by our laws, giving his
assent to their acts of pretended legislation for quartering large
bodies of armed troops among us; for protecting them by a mock-trial
from punishment for any murders which they should commit on the
inhabitants of these states; for cutting off our trade with all parts
of the world; for imposing taxes on us without our consent; for
depriving us [ ] [in many cases] of the benefits of trial by jury;
for transporting us beyond seas to be tried for pretended offences;
for abolishing the free system of English laws in a neighboring
province, establishing therein an arbitrary government, and enlarging
it's boundaries, so as to render it at once an example and fit
instrument for introducing the same absolute rule into these *states*
[colonies]; for taking away our charters, abolishing our most
valuable laws, and altering fundamentally the forms of our
governments; for suspending our own legislatures, & declaring
themselves invested with power to legislate for us in all cases
whatsoever.
He has abdicated government here *withdrawing his governors,
and declaring us out of his allegiance & protection*. [by declaring
us out of his protection, and waging war against us.]
He has plundered our seas, ravaged our coasts, burnt our towns,
& destroyed the lives of our people.
He is at this time transporting large armies of foreign
mercenaries to compleat the works of death, desolation & tyranny
already begun with circumstances of cruelty and perfidy [ ] [scarcely
paralleled in the most barbarous ages, & totally] unworthy the head
of a civilized nation.
He has constrained our fellow citizens taken captive on the
high seas to bear arms against their country, to become the
executioners of their friends & brethren, or to fall themselves by
their hands.
He has [excited domestic insurrection among us, & has]
endeavored to bring on the inhabitants of our frontiers the merciless
Indian savages, whose known rule of warfare is an undistinguished
destruction of all ages, sexes, & conditions *of existence.*
*He has incited treasonable insurrections of our
fellow-citizens, with the allurements of forfeiture & confiscation of
our property.*
*He has waged cruel war against human nature itself, violating
it's most sacred rights of life and liberty in the persons of a
distant people who never offended him, captivating & carrying them
into slavery in another hemisphere, or to incur miserable death in
their transportation thither. This piratical warfare, the opprobium
of INFIDEL powers, is the warfare of the CHRISTIAN king of Great
Britain. Determined to keep open a market where MEN should be bought
& sold, he has prostituted his negative for suppressing every
legislative attempt to prohibit or to restrain this execrable
commerce. And that this assemblage of horrors might want no fact of
distinguished die, he is now exciting those very people to rise in
arms among us, and to purchase that liberty of which he has deprived
them, by murdering the people on whom he also obtruded them: thus
paying off former crimes committed against the LIBERTIES of one
people, with crimes which he urges them to commit against the LIVES
of another.*
In every stage of these oppressions we have petitioned for
redress in the most humble terms: our repeated petitions have been
answered only by repeated injuries.
A prince whose character is thus marked by every act which may
define a tyrant is unfit to be the ruler of a [ ] [free] people *who
mean to be free. Future ages will scarcely believe that the
hardiness of one man adventured, within the short compass of twelve
years only, to lay a foundation so broad & so undisguised for tyranny
over a people fostered & fixed in principles of freedom.*
Nor have we been wanting in attentions to our British brethren.
We have warned them from time to time of attempts by their
legislature to extend *a* [an unwarrantable] jurisdiction over *these
our states* [us]. We have reminded them of the circumstances of our
emigration & settlement here, *no one of which could warrant so
strange a pretension: that these were effected at the expense of our
own blood & treasure, unassisted by the wealth or the strength of
Great Britain: that in constituting indeed our several forms of
government, we had adopted one common king, thereby laying a
foundation for perpetual league & amity with them: but that
submission to their parliament was no part of our constitution, nor
ever in idea, if history may be credited: and*, we [ ] [have]
appealed to their native justice and magnanimity *as well as to* [and
we have conjured them by] the ties of our common kindred to disavow
these usurpations which *were likely to* [would inevitably] interrupt
our connection and correspondence. They too have been deaf to the
voice of justice & of consanguinity, *and when occasions have been
given them, by the regular course of their laws, of removing from
their councils the disturbers of our harmony, they have, by their
free election, re-established them in power. At this very time too
they are permitting their chief magistrate to send over not only
soldiers of our common blood, but Scotch & foreign mercenaries to
invade & destroy us. These facts have given the last stab to
agonizing affection, and manly spirit bids us to renounce forever
these unfeeling brethren. We must [We must therefore] endeavor to
forget our former love for them, and hold them as we hold the rest of
mankind, enemies in war, in peace friends. We might have been a free
and a great people together; but a communication of grandeur & of
freedom it seems is below their dignity. Be it so, since they will
have it. The road to happiness & to glory is open to us too. We
will tread it apart from them, and* acquiesce in the necessity which
denounces our *eternal* separation [ ] [and hold them as we hold the
rest of mankind, enemies in war, in peace friends.]!
We therefore the representatives We therefore the
representatives
of the United States of of the United States of
America in General Congress America in General Congress
assembled do in the name & assembled, appealing to the
by authority of the good supreme judge of the world
people of these *states reject for the rectitude of our
& renounce all allegiance & intentions, do in the name, & by
subjection to the kings of the authority of the good
Great Britain & all others people of these colonies,
who may hereafter claim by, solemnly publish & declare that
through or under them: we these united colonies are &
utterly dissolve all political* of right ought to be free &
*connection which may independent states; that they
heretofore have subsisted are absolved from all allegiance
between us & the people or to the British crown,
parliament of Great Britain: and that all political
& finally we do assert & connection between them & the
declare these colonies to be free state of Great Britain is, &
& independent states,* & that ought to be, totally
as free & independent states, dissolved; & that as free &
they have full power to levy independent states they have
war, conclude peace, contract full power to levy war,
alliances, establish commerce, conclude peace, contract
& to do all other acts & alliances, establish commerce &
things which independent to do all other acts & things
states may of right do. which independent states
may of right do.
And for the support of And for the support of this
this declaration we mutually declaration, with a firm
pledge to each other our reliance on the protection of
lives, our fortunes, & our divine providence we mutually
sacred honor. pledge to each other our
lives, our fortunes, & our
sacred honor.
The Declaration thus signed on the 4th, on paper was engrossed
on parchment, & signed again on the 2d. of August.
Some erroneous statements of the proceedings on the declaration
of independence having got before the public in latter times, Mr.
Samuel A. Wells asked explanations of me, which are given in my
letter to him of May 12. 19. before and now again referred to. I
took notes in my place while these things were going on, and at their
close wrote them out in form and with correctness and from 1 to 7 of
the two preceding sheets are the originals then written; as the two
following are of the earlier debates on the Confederation, which I
took in like manner.
On Friday July 12. the Committee appointed to draw the articles
of confederation reported them, and on the 22d. the house resolved
themselves into a committee to take them into consideration. On the
30th. & 31st. of that month & 1st. of the ensuing, those articles
were debated which determined the proportion or quota of money which
each state should furnish to the common treasury, and the manner of
voting in Congress. The first of these articles was expressed in the
original draught in these words. "Art. XI. All charges of war & all
other expenses that shall be incurred for the common defence, or
general welfare, and allowed by the United States assembled, shall be
defrayed out of a common treasury, which shall be supplied by the
several colonies in proportion to the number of inhabitants of every
age, sex & quality, except Indians not paying taxes, in each colony,
a true account of which, distinguishing the white inhabitants, shall
be triennially taken & transmitted to the Assembly of the United
States."
Mr. [Samuel] Chase moved that the quotas should be fixed, not
by the number of inhabitants of every condition, but by that of the
"white inhabitants." He admitted that taxation should be alwais in
proportion to property, that this was in theory the true rule, but
that from a variety of difficulties, it was a rule which could never
be adopted in practice. The value of the property in every State
could never be estimated justly & equally. Some other measure for
the wealth of the State must therefore be devised, some standard
referred to which would be more simple. He considered the number of
inhabitants as a tolerably good criterion of property, and that this
might alwais be obtained. He therefore thought it the best mode
which we could adopt, with one exception only. He observed that
negroes are property, and as such cannot be distinguished from the
lands or personalities held in those States where there are few
slaves, that the surplus of profit which a Northern farmer is able to
lay by, he invests in cattle, horses, &c. whereas a Southern farmer
lays out that same surplus in slaves. There is no more reason
therefore for taxing the Southern states on the farmer's head, & on
his slave's head, than the Northern ones on their farmer's heads &
the heads of their cattle, that the method proposed would therefore
tax the Southern states according to their numbers & their wealth
conjunctly, while the Northern would be taxed on numbers only: that
negroes in fact should not be considered as members of the state more
than cattle & that they have no more interest in it.
Mr. John Adams observed that the numbers of people were taken
by this article as an index of the wealth of the state, & not as
subjects of taxation, that as to this matter it was of no consequence
by what name you called your people, whether by that of freemen or of
slaves. That in some countries the labouring poor were called
freemen, in others they were called slaves; but that the difference
as to the state was imaginary only. What matters it whether a
landlord employing ten labourers in his farm, gives them annually as
much money as will buy them the necessaries of life, or gives them
those necessaries at short hand. The ten labourers add as much
wealth annually to the state, increase it's exports as much in the
one case as the other. Certainly 500 freemen produce no more
profits, no greater surplus for the paiment of taxes than 500 slaves.
Therefore the state in which are the labourers called freemen should
be taxed no more than that in which are those called slaves. Suppose
by any extraordinary operation of nature or of law one half the
labourers of a state could in the course of one night be transformed
into slaves: would the state be made the poorer or the less able to
pay taxes? That the condition of the laboring poor in most
countries, that of the fishermen particularly of the Northern states,
is as abject as that of slaves. It is the number of labourers which
produce the surplus for taxation, and numbers therefore
indiscriminately, are the fair index of wealth. That it is the use
of the word "property" here, & it's application to some of the people
of the state, which produces the fallacy. How does the Southern
farmer procure slaves? Either by importation or by purchase from his
neighbor. If he imports a slave, he adds one to the number of
labourers in his country, and proportionably to it's profits &
abilities to pay taxes. If he buys from his neighbor it is only a
transfer of a labourer from one farm to another, which does not
change the annual produce of the state, & therefore should not change
it's tax. That if a Northern farmer works ten labourers on his farm,
he can, it is true, invest the surplus of ten men's labour in cattle:
but so may the Southern farmer working ten slaves. That a state of
one hundred thousand freemen can maintain no more cattle than one of
one hundred thousand slaves. Therefore they have no more of that
kind of property. That a slave may indeed from the custom of speech
be more properly called the wealth of his master, than the free
labourer might be called the wealth of his employer: but as to the
state, both were equally it's wealth, and should therefore equally
add to the quota of it's tax.
Mr. [Benjamin] Harrison proposed as a compromise, that two
slaves should be counted as one freeman. He affirmed that slaves did
not do so much work as freemen, and doubted if two effected more than
one. That this was proved by the price of labor. The hire of a
labourer in the Southern colonies being from 8 to pound 12. while in
the Northern it was generally pound 24.
Mr. [James] Wilson said that if this amendment should take
place the Southern colonies would have all the benefit of slaves,
whilst the Northern ones would bear the burthen. That slaves
increase the profits of a state, which the Southern states mean to
take to themselves; that they also increase the burthen of defence,
which would of course fall so much the heavier on the Northern. That
slaves occupy the places of freemen and eat their food. Dismiss your
slaves & freemen will take their places. It is our duty to lay every
discouragement on the importation of slaves; but this amendment would
give the jus trium liberorum to him who would import slaves. That
other kinds of property were pretty equally distributed thro' all the
colonies: there were as many cattle, horses, & sheep, in the North as
the South, & South as the North; but not so as to slaves. That
experience has shown that those colonies have been alwais able to pay
most which have the most inhabitants, whether they be black or white,
and the practice of the Southern colonies has alwais been to make
every farmer pay poll taxes upon all his labourers whether they be
black or white. He acknowledges indeed that freemen work the most;
but they consume the most also. They do not produce a greater
surplus for taxation. The slave is neither fed nor clothed so
expensively as a freeman. Again white women are exempted from labor
generally, but negro women are not. In this then the Southern states
have an advantage as the article now stands. It has sometimes been
said that slavery is necessary because the commodities they raise
would be too dear for market if cultivated by freemen; but now it is
said that the labor of the slave is the dearest.
Mr. Payne urged the original resolution of Congress, to
proportion the quotas of the states to the number of souls.
Dr. [John] Witherspoon was of opinion that the value of lands &
houses was the best estimate of the wealth of a nation, and that it
was practicable to obtain such a valuation. This is the true
barometer of wealth. The one now proposed is imperfect in itself,
and unequal between the States. It has been objected that negroes
eat the food of freemen & therefore should be taxed. Horses also eat
the food of freemen; therefore they also should be taxed. It has
been said too that in carrying slaves into the estimate of the taxes
the state is to pay, we do no more than those states themselves do,
who alwais take slaves into the estimate of the taxes the individual
is to pay. But the cases are not parallel. In the Southern colonies
slaves pervade the whole colony; but they do not pervade the whole
continent. That as to the original resolution of Congress to
proportion the quotas according to the souls, it was temporary only,
& related to the monies heretofore emitted: whereas we are now
entering into a new compact, and therefore stand on original ground.
Aug 1. The question being put the amendment proposed was
rejected by the votes of N. Hampshire, Massachusetts, Rhode island,
Connecticut, N. York, N. Jersey, & Pennsylvania, against those of
Delaware, Maryland, Virginia, North & South Carolina. Georgia was
divided.
The other article was in these words. "Art. XVII. In
determining questions each colony shall have one vote."
July 30. 31. Aug 1. Present 41. members. Mr. Chase observed
that this article was the most likely to divide us of any one
proposed in the draught then under consideration. That the larger
colonies had threatened they would not confederate at all if their
weight in congress should not be equal to the numbers of people they
added to the confederacy; while the smaller ones declared against a
union if they did not retain an equal vote for the protection of
their rights. That it was of the utmost consequence to bring the
parties together, as should we sever from each other, either no
foreign power will ally with us at all, or the different states will
form different alliances, and thus increase the horrors of those
scenes of civil war and bloodshed which in such a state of separation
& independance would render us a miserable people. That our
importance, our interests, our peace required that we should
confederate, and that mutual sacrifices should be made to effect a
compromise of this difficult question. He was of opinion the smaller
colonies would lose their rights, if they were not in some instances
allowed an equal vote; and therefore that a discrimination should
take place among the questions which would come before Congress.
That the smaller states should be secured in all questions concerning
life or liberty & the greater ones in all respecting property. He
therefore proposed that in votes relating to money, the voice of each
colony should be proportioned to the number of its inhabitants.
Dr. Franklin thought that the votes should be so proportioned
in all cases. He took notice that the Delaware counties had bound up
their Delegates to disagree to this article. He thought it a very
extraordinary language to be held by any state, that they would not
confederate with us unless we would let them dispose of our money.
Certainly if we vote equally we ought to pay equally; but the smaller
states will hardly purchase the privilege at this price. That had he
lived in a state where the representation, originally equal, had
become unequal by time & accident he might have submitted rather than
disturb government; but that we should be very wrong to set out in
this practice when it is in our power to establish what is right.
That at the time of the Union between England and Scotland the latter
had made the objection which the smaller states now do. But
experience had proved that no unfairness had ever been shown them.
That their advocates had prognosticated that it would again happen as
in times of old, that the whale would swallow Jonas, but he thought
the prediction reversed in event and that Jonas had swallowed the
whale, for the Scotch had in fact got possession of the government
and gave laws to the English. He reprobated the original agreement
of Congress to vote by colonies and therefore was for their voting in
all cases according to the number of taxables.
Dr. Witherspoon opposed every alteration of the article. All
men admit that a confederacy is necessary. Should the idea get
abroad that there is likely to be no union among us, it will damp the
minds of the people, diminish the glory of our struggle, & lessen
it's importance; because it will open to our view future prospects of
war & dissension among ourselves. If an equal vote be refused, the
smaller states will become vassals to the larger; & all experience
has shown that the vassals & subjects of free states are the most
enslaved. He instanced the Helots of Sparta & the provinces of Rome.
He observed that foreign powers discovering this blemish would make
it a handle for disengaging the smaller states from so unequal a
confederacy. That the colonies should in fact be considered as
individuals; and that as such, in all disputes they should have an
equal vote; that they are now collected as individuals making a
bargain with each other, & of course had a right to vote as
individuals. That in the East India company they voted by persons, &
not by their proportion of stock. That the Belgic confederacy voted
by provinces. That in questions of war the smaller states were as
much interested as the larger, & therefore should vote equally; and
indeed that the larger states were more likely to bring war on the
confederacy in proportion as their frontier was more extensive. He
admitted that equality of representation was an excellent principle,
but then it must be of things which are coordinate; that is, of
things similar & of the same nature: that nothing relating to
individuals could ever come before Congress; nothing but what would
respect colonies. He distinguished between an incorporating & a
federal union. The union of England was an incorporating one; yet
Scotland had suffered by that union: for that it's inhabitants were
drawn from it by the hopes of places & employments. Nor was it an
instance of equality of representation; because while Scotland was
allowed nearly a thirteenth of representation they were to pay only
one fortieth of the land tax. He expressed his hopes that in the
present enlightened state of men's minds we might expect a lasting
confederacy, if it was founded on fair principles.
John Adams advocated the voting in proportion to numbers. He
said that we stand here as the representatives of the people. That
in some states the people are many, in others they are few; that
therefore their vote here should be proportioned to the numbers from
whom it comes. Reason, justice, & equity never had weight enough on
the face of the earth to govern the councils of men. It is interest
alone which does it, and it is interest alone which can be trusted.
That therefore the interests within doors should be the mathematical
representatives of the interests without doors. That the
individuality of the colonies is a mere sound. Does the
individuality of a colony increase it's wealth or numbers. If it
does, pay equally. If it does not add weight in the scale of the
confederacy, it cannot add to their rights, nor weigh in argument.
A. has pound 50. B. pound 500. C. pound 1000. in partnership. Is it
just they should equally dispose of the monies of the partnership?
It has been said we are independent individuals making a bargain
together. The question is not what we are now, but what we ought to
be when our bargain shall be made. The confederacy is to make us one
individual only; it is to form us, like separate parcels of metal,
into one common mass. We shall no longer retain our separate
individuality, but become a single individual as to all questions
submitted to the confederacy. Therefore all those reasons which
prove the justice & expediency of equal representation in other
assemblies, hold good here. It has been objected that a proportional
vote will endanger the smaller states. We answer that an equal vote
will endanger the larger. Virginia, Pennsylvania, & Massachusetts
are the three greater colonies. Consider their distance, their
difference of produce, of interests & of manners, & it is apparent
they can never have an interest or inclination to combine for the
oppression of the smaller. That the smaller will naturally divide on
all questions with the larger. Rhode isld, from it's relation,
similarity & intercourse will generally pursue the same objects with
Massachusetts; Jersey, Delaware & Maryland, with Pennsylvania.
Dr. [Benjamin] Rush took notice that the decay of the liberties
of the Dutch republic proceeded from three causes. 1. The perfect
unanimity requisite on all occasions. 2. Their obligation to consult
their constituents. 3. Their voting by provinces. This last
destroyed the equality of representation, and the liberties of great
Britain also are sinking from the same defect. That a part of our
rights is deposited in the hands of our legislatures. There it was
admitted there should be an equality of representation. Another part
of our rights is deposited in the hands of Congress: why is it not
equally necessary there should be an equal representation there?
Were it possible to collect the whole body of the people together,
they would determine the questions submitted to them by their
majority. Why should not the same majority decide when voting here
by their representatives? The larger colonies are so providentially
divided in situation as to render every fear of their combining
visionary. Their interests are different, & their circumstances
dissimilar. It is more probable they will become rivals & leave it
in the power of the smaller states to give preponderance to any scale
they please. The voting by the number of free inhabitants will have
one excellent effect, that of inducing the colonies to discourage
slavery & to encourage the increase of their free inhabitants.
Mr. [Stephen] Hopkins observed there were 4 larger, 4 smaller,
& 4 middle-sized colonies. That the 4 largest would contain more
than half the inhabitants of the confederated states, & therefore
would govern the others as they should please. That history affords
no instance of such a thing as equal representation. The Germanic
body votes by states. The Helvetic body does the same; & so does the
Belgic confederacy. That too little is known of the ancient
confederations to say what was their practice.
Mr. Wilson thought that taxation should be in proportion to
wealth, but that representation should accord with the number of
freemen. That government is a collection or result of the wills of
all. That if any government could speak the will of all, it would be
perfect; and that so far as it departs from this it becomes
imperfect. It has been said that Congress is a representation of
states; not of individuals. I say that the objects of its care are
all the individuals of the states. It is strange that annexing the
name of "State" to ten thousand men, should give them an equal right
with forty thousand. This must be the effect of magic, not of
reason. As to those matters which are referred to Congress, we are
not so many states, we are one large state. We lay aside our
individuality, whenever we come here. The Germanic body is a
burlesque on government; and their practice on any point is a
sufficient authority & proof that it is wrong. The greatest
imperfection in the constitution of the Belgic confederacy is their
voting by provinces. The interest of the whole is constantly
sacrificed to that of the small states. The history of the war in
the reign of Q. Anne sufficiently proves this. It is asked shall
nine colonies put it into the power of four to govern them as they
please? I invert the question, and ask shall two millions of people
put it in the power of one million to govern them as they please? It
is pretended too that the smaller colonies will be in danger from the
greater. Speak in honest language & say the minority will be in
danger from the majority. And is there an assembly on earth where
this danger may not be equally pretended? The truth is that our
proceedings will then be consentaneous with the interests of the
majority, and so they ought to be. The probability is much greater
that the larger states will disagree than that they will combine. I
defy the wit of man to invent a possible case or to suggest any one
thing on earth which shall be for the interests of Virginia,
Pennsylvania & Massachusetts, and which will not also be for the
interest of the other states.
* * *
These articles reported July 12. 76 were debated from day to
day, & time to time for two years, were ratified July 9, '78, by 10
states, by N. Jersey on the 26th. of Nov. of the same year, and by
Delaware on the 23d. of Feb. following. Maryland alone held off 2
years more, acceding to them Mar 1, 81. and thus closing the
obligation.
Our delegation had been renewed for the ensuing year commencing
Aug. 11. but the new government was now organized, a meeting of the
legislature was to be held in Oct. 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. I
therefore retired from my seat in Congress on the 2d. of Sep.
resigned it, and took my place in the legislature of my state, on the
7th. of October.
On the 11th. I moved for leave to bring in a bill for the
establishmt of courts of justice, the organization of which was of
importance; I drew the bill it was approved by the commee, reported
and passed after going thro' it's due course.
On the 12th. I obtained leave to bring in a bill declaring
tenants in tail to hold their lands in fee simple. In the earlier
times of the colony when lands were to be obtained for little or
nothing, some provident individuals procured large grants, and,
desirous of founding great families for themselves, settled them on
their descendants in fee-tail. The transmission of this property
from generation to generation in the same name raised up a distinct
set of families who, being privileged by law in the perpetuation of
their wealth were thus formed into a Patrician order, distinguished
by the splendor and luxury of their establishments. From this order
too the king habitually selected his Counsellors of State, the hope
of which distinction devoted the whole corps to the interests & will
of the crown. To annul this privilege, and instead of an aristocracy
of wealth, of more harm and danger, than benefit, to society, to make
an opening for the aristocracy of virtue and talent, which nature has
wisely provided for the direction of the interests of society, &
scattered with equal hand through all it's conditions, was deemed
essential to a well ordered republic. To effect it no violence was
necessary, no deprivation of natural right, but rather an enlargement
of it by a repeal of the law. For this would authorize the present
holder to divide the property among his children equally, as his
affections were divided; and would place them, by natural generation
on the level of their fellow citizens. But this repeal was strongly
opposed by Mr. Pendleton, who was zealously attached to ancient
establishments; and who, taken all in all, was the ablest man in
debate I have ever met with. He had not indeed the poetical fancy of
Mr. Henry, his sublime imagination, his lofty and overwhelming
diction; but he was cool, smooth and persuasive; his language
flowing, chaste & embellished, his conceptions quick, acute and full
of resource; never vanquished; for if he lost the main battle, he
returned upon you, and regained so much of it as to make it a drawn
one, by dexterous man;oeuvres, skirmishes in detail, and the recovery
of small advantages which, little singly, were important altogether.
You never knew when you were clear of him, but were harassed by his
perseverance until the patience was worn down of all who had less of
it than himself. Add to this that he was one of the most virtuous &
benevolent of men, the kindest friend, the most amiable & pleasant of
companions, which ensured a favorable reception to whatever came from
him. Finding that the general principle of entails could not be
maintained, he took his stand on an amendment which he proposed,
instead of an absolute abolition, to permit the tenant in tail to
convey in fee simple, if he chose it: and he was within a few votes
of saving so much of the old law. But the bill passed finally for
entire abolition.
In that one of the bills for organizing our judiciary system
which proposed a court of chancery, I had provided for a trial by
jury of all matters of fact in that as well as in the courts of law.
He defeated it by the introduction of 4. words only, _"if either
party chuse."_ The consequence has been that as no suitor will say to
his judge, "Sir, I distrust you, give me a jury" juries are rarely, I
might say perhaps never seen in that court, but when called for by
the Chancellor of his own accord.
The first establishment in Virginia which became permanent was
made in 1607. I have found no mention of negroes in the colony until
about 1650. The first brought here as slaves were by a Dutch ship;
after which the English commenced the trade and continued it until
the revolutionary war. That suspended, ipso facto, their further
importation for the present, and the business of the war pressing
constantly on the legislature, this subject was not acted on finally
until the year 78. when I brought in a bill to prevent their further
importation. This passed without opposition, and stopped the
increase of the evil by importation, leaving to future efforts its
final eradication.
The first settlers of this colony were Englishmen, loyal
subjects to their king and church, and the grant to Sr. Walter
Raleigh contained an express Proviso that their laws "should not be
against the true Christian faith, now professed in the church of
England." As soon as the state of the colony admitted, it was divided
into parishes, in each of which was established a minister of the
Anglican church, endowed with a fixed salary, in tobacco, a glebe
house and land with the other necessary appendages. To meet these
expenses all the inhabitants of the parishes were assessed, whether
they were or not, members of the established church. Towards Quakers
who came here they were most cruelly intolerant, driving them from
the colony by the severest penalties. In process of time however,
other sectarisms were introduced, chiefly of the Presbyterian family;
and the established clergy, secure for life in their glebes and
salaries, adding to these generally the emoluments of a classical
school, found employment enough, in their farms and schoolrooms for
the rest of the week, and devoted Sunday only to the edification of
their flock, by service, and a sermon at their parish church. Their
other pastoral functions were little attended to. Against this
inactivity the zeal and industry of sectarian preachers had an open
and undisputed field; and by the time of the revolution, a majority
of the inhabitants had become dissenters from the established church,
but were still obliged to pay contributions to support the Pastors of
the minority. This unrighteous compulsion to maintain teachers of
what they deemed religious errors was grievously felt during the
regal government, and without a hope of relief. But the first
republican legislature which met in 76. was crowded with petitions to
abolish this spiritual tyranny. These brought on the severest
contests in which I have ever been engaged. Our great opponents were
Mr. Pendleton & Robert Carter Nicholas, honest men, but zealous
churchmen. The petitions were referred to the commee of the whole
house on the state of the country; and after desperate contests in
that committee, almost daily from the 11th of Octob. to the 5th of
December, we prevailed so far only as to repeal the laws which
rendered criminal the maintenance of any religious opinions, the
forbearance of repairing to church, or the exercise of any mode of
worship: and further, to exempt dissenters from contributions to the
support of the established church; and to suspend, only until the
next session levies on the members of that church for the salaries of
their own incumbents. For although the majority of our citizens were
dissenters, as has been observed, a majority of the legislature were
churchmen. Among these however were some reasonable and liberal men,
who enabled us, on some points, to obtain feeble majorities. But our
opponents carried in the general resolutions of the commee of Nov.
19. a declaration that religious assemblies ought to be regulated,
and that provision ought to be made for continuing the succession of
the clergy, and superintending their conduct. And in the bill now
passed was inserted an express reservation of the question Whether a
general assessment should not be established by law, on every one, to
the support of the pastor of his choice; or whether all should be
left to voluntary contributions; and on this question, debated at
every session from 76 to 79 (some of our dissenting allies, having
now secured their particular object, going over to the advocates of a
general assessment) we could only obtain a suspension from session to
session until 79. when the question against a general assessment was
finally carried, and the establishment of the Anglican church
entirely put down. In justice to the two honest but zealous
opponents, who have been named I must add that altho', from their
natural temperaments, they were more disposed generally to acquiesce
in things as they are, than to risk innovations, yet whenever the
public will had once decided, none were more faithful or exact in
their obedience to it.
The seat of our government had been originally fixed in the
peninsula of Jamestown, the first settlement of the colonists; and
had been afterwards removed a few miles inland to Williamsburg. But
this was at a time when our settlements had not extended beyond the
tide water. Now they had crossed the Alleghany; and the center of
population was very far removed from what it had been. Yet
Williamsburg was still the depository of our archives, the habitual
residence of the Governor & many other of the public functionaries,
the established place for the sessions of the legislature, and the
magazine of our military stores: and it's situation was so exposed
that it might be taken at any time in war, and, at this time
particularly, an enemy might in the night run up either of the rivers
between which it lies, land a force above, and take possession of the
place, without the possibility of saving either persons or things. I
had proposed it's removal so early as Octob. 76. but it did not
prevail until the session of May. '79.
Early in the session of May 79. I prepared, and obtained leave
to bring in a bill declaring who should be deemed citizens, asserting
the natural right of expatriation, and prescribing the mode of
exercising it. This, when I withdrew from the house on the 1st of
June following, I left in the hands of George Mason and it was passed
on the 26th of that month.
In giving this account of the laws of which I was myself the
mover & draughtsman, I by no means mean to claim to myself the merit
of obtaining their passage. I had many occasional and strenuous
coadjutors in debate, and one most steadfast, able, and zealous; who
was himself a host. This was George Mason, a man of the first order
of wisdom among those who acted on the theatre of the revolution, of
expansive mind, profound judgment, cogent in argument, learned in the
lore of our former constitution, and earnest for the republican
change on democratic principles. His elocution was neither flowing
nor smooth, but his language was strong, his manner most impressive,
and strengthened by a dash of biting cynicism when provocation made
it seasonable.
Mr. Wythe, while speaker in the two sessions of 1777. between
his return from Congress and his appointment to the Chancery, was an
able and constant associate in whatever was before a committee of the
whole. His pure integrity, judgment and reasoning powers gave him
great weight. Of him see more in some notes inclosed in my letter of
August 31. 1821, to Mr. John Saunderson.
Mr. Madison came into the House in 1776. a new member and
young; which circumstances, concurring with his extreme modesty,
prevented his venturing himself in debate before his removal to the
Council of State in Nov. 77. From thence he went to Congress, then
consisting of few members. Trained in these successive schools, he
acquired a habit of self-possession which placed at ready command the
rich resources of his luminous and discriminating mind, & of his
extensive information, and rendered him the first of every assembly
afterwards of which he became a member. Never wandering from his
subject into vain declamation, but pursuing it closely in language
pure, classical, and copious, soothing always the feelings of his
adversaries by civilities and softness of expression, he rose to the
eminent station which he held in the great National convention of
1787. and in that of Virginia which followed, he sustained the new
constitution in all its parts, bearing off the palm against the logic
of George Mason, and the fervid declamation of Mr. Henry. With these
consummate powers were united a pure and spotless virtue which no
calumny has ever attempted to sully. Of the powers and polish of his
pen, and of the wisdom of his administration in the highest office of
the nation, I need say nothing. They have spoken, and will forever
speak for themselves.
So far we were proceeding in the details of reformation only;
selecting points of legislation prominent in character & principle,
urgent, and indicative of the strength of the general pulse of
reformation. When I left Congress, in 76. it was in the persuasion
that our whole code must be reviewed, adapted to our republican form
of government, and, now that we had no negatives of Councils,
Governors & Kings to restrain us from doing right, that it should be
corrected, in all it's parts, with a single eye to reason, & the good
of those for whose government it was framed. Early therefore in the
session of 76. to which I returned, I moved and presented a bill for
the revision of the laws; which was passed on the 24th. of October,
and on the 5th. of November Mr. Pendleton, Mr. Wythe, George Mason,
Thomas L. Lee and myself were appointed a committee to execute the
work. We agreed to meet at Fredericksburg to settle the plan of
operation and to distribute the work. We met there accordingly, on
the 13th. of January 1777. The first question was whether we should
propose to abolish the whole existing system of laws, and prepare a
new and complete Institute, or preserve the general system, and only
modify it to the present state of things. Mr. Pendleton, contrary to
his usual disposition in favor of antient things, was for the former
proposition, in which he was joined by Mr. Lee. To this it was
objected that to abrogate our whole system would be a bold measure,
and probably far beyond the views of the legislature; that they had
been in the practice of revising from time to time the laws of the
colony, omitting the expired, the repealed and the obsolete, amending
only those retained, and probably meant we should now do the same,
only including the British statutes as well as our own: that to
compose a new Institute like those of Justinian and Bracton, or that
of Blackstone, which was the model proposed by Mr. Pendleton, would
be an arduous undertaking, of vast research, of great consideration &
judgment; and when reduced to a text, every word of that text, from
the imperfection of human language, and it's incompetence to express
distinctly every shade of idea, would become a subject of question &
chicanery until settled by repeated adjudications; that this would
involve us for ages in litigation, and render property uncertain
until, like the statutes of old, every word had been tried, and
settled by numerous decisions, and by new volumes of reports &
commentaries; and that no one of us probably would undertake such a
work, which, to be systematical, must be the work of one hand. This
last was the opinion of Mr. Wythe, Mr. Mason & myself. When we
proceeded to the distribution of the work, Mr. Mason excused himself
as, being no lawyer, he felt himself unqualified for the work, and he
resigned soon after. Mr. Lee excused himself on the same ground, and
died indeed in a short time. The other two gentlemen therefore and
myself divided the work among us. The common law and statutes to the
4. James I. (when our separate legislature was established) were
assigned to me; the British statutes from that period to the present
day to Mr. Wythe, and the Virginia laws to Mr. Pendleton. As the law
of Descents, & the criminal law fell of course within my portion, I
wished the commee to settle the leading principles of these, as a
guide for me in framing them. And with respect to the first, I
proposed to abolish the law of primogeniture, and to make real estate
descendible in parcenary to the next of kin, as personal property is
by the statute of distribution. Mr. Pendleton wished to preserve the
right of primogeniture, but seeing at once that that could not
prevail, he proposed we should adopt the Hebrew principle, and give a
double portion to the elder son. I observed that if the eldest son
could eat twice as much, or do double work, it might be a natural
evidence of his right to a double portion; but being on a par in his
powers & wants, with his brothers and sisters, he should be on a par
also in the partition of the patrimony, and such was the decision of
the other members.
On the subject of the Criminal law, all were agreed that the
punishment of death should be abolished, except for treason and
murder; and that, for other felonies should be substituted hard labor
in the public works, and in some cases, the Lex talionis. How this
last revolting principle came to obtain our approbation, I do not
remember. There remained indeed in our laws a vestige of it in a
single case of a slave. It was the English law in the time of the
Anglo-Saxons, copied probably from the Hebrew law of "an eye for an
eye, a tooth for a tooth," and it was the law of several antient
people. But the modern mind had left it far in the rear of it's
advances. These points however being settled, we repaired to our
respective homes for the preparation of the work.
Feb. 6. In the execution of my part I thought it material not
to vary the diction of the antient statutes by modernizing it, nor to
give rise to new questions by new expressions. The text of these
statutes had been so fully explained and defined by numerous
adjudications, as scarcely ever now to produce a question in our
courts. I thought it would be useful also, in all new draughts, to
reform the style of the later British statutes, and of our own acts
of assembly, which from their verbosity, their endless tautologies,
their involutions of case within case, and parenthesis within
parenthesis, and their multiplied efforts at certainty by _saids_ and
_aforesaids_, by _ors_ and by _ands_, to make them more plain, do
really render them more perplexed and incomprehensible, not only to
common readers, but to the lawyers themselves. We were employed in
this work from that time to Feb. 1779, when we met at Williamsburg,
that is to say, Mr. Pendleton, Mr. Wythe & myself, and meeting day by
day, we examined critically our several parts, sentence by sentence,
scrutinizing and amending until we had agreed on the whole. We then
returned home, had fair copies made of our several parts, which were
reported to the General Assembly June 18. 1779. by Mr. Wythe and
myself, Mr. Pendleton's residence being distant, and he having
authorized us by letter to declare his approbation. We had in this
work brought so much of the Common law as it was thought necessary to
alter, all the British statutes from Magna Charta to the present day,
and all the laws of Virginia, from the establishment of our
legislature, in the 4th. Jac. 1. to the present time, which we
thought should be retained, within the compass of 126 bills, making a
printed folio of 90 pages only. Some bills were taken out
occasionally, from time to time, and passed; but the main body of the
work was not entered on by the legislature until after the general
peace, in 1785. when by the unwearied exertions of Mr. Madison, in
opposition to the endless quibbles, chicaneries, perversions,
vexations and delays of lawyers and demi-lawyers, most of the bills
were passed by the legislature, with little alteration.
The bill for establishing religious freedom, the principles of
which had, to a certain degree, been enacted before, I had drawn in
all the latitude of reason & right. It still met with opposition;
but, with some mutilations in the preamble, it was finally passed;
and a singular proposition proved that it's protection of opinion was
meant to be universal. Where the preamble declares that coercion is
a departure from the plan of the holy author of our religion, an
amendment was proposed, by inserting the word "Jesus Christ," so that
it should read "a departure from the plan of Jesus Christ, the holy
author of our religion." The insertion was rejected by a great
majority, in proof that they meant to comprehend, within the mantle
of it's protection, the Jew and the Gentile, the Christian and
Mahometan, the Hindoo, and infidel of every denomination.
Beccaria and other writers on crimes and punishments had
satisfied the reasonable world of the unrightfulness and inefficacy
of the punishment of crimes by death; and hard labor on roads, canals
and other public works, had been suggested as a proper substitute.
The Revisors had adopted these opinions; but the general idea of our
country had not yet advanced to that point. The bill therefore for
proportioning crimes and punishments was lost in the House of
Delegates by a majority of a single vote. I learnt afterwards that
the substitute of hard labor in public was tried (I believe it was in
Pennsylvania) without success. Exhibited as a public spectacle, with
shaved heads and mean clothing, working on the high roads produced in
the criminals such a prostration of character, such an abandonment of
self-respect, as, instead of reforming, plunged them into the most
desperate & hardened depravity of morals and character. -- Pursue the
subject of this law. -- I was written to in 1785 (being then in
Paris) by Directors appointed to superintend the building of a
Capitol in Richmond, to advise them as to a plan, and to add to it
one of a prison. Thinking it a favorable opportunity of introducing
into the state an example of architecture in the classic style of
antiquity, and the Maison quarree of Nismes, an antient Roman temple,
being considered as the most perfect model existing of what may be
called Cubic architecture, I applied to M. Clerissault, who had
published drawings of the Antiquities of Nismes, to have me a model
of the building made in stucco, only changing the order from
Corinthian to Ionic, on account of the difficulty of the Corinthian
capitals. I yielded with reluctance to the taste of Clerissault, in
his preference of the modern capital of Scamozzi to the more noble
capital of antiquity. This was executed by the artist whom Choiseul
Gouffier had carried with him to Constantinople, and employed while
Ambassador there, in making those beautiful models of the remains of
Grecian architecture which are to be seen at Paris. To adapt the
exterior to our use, I drew a plan for the interior, with the
apartments necessary for legislative, executive & judiciary purposes,
and accommodated in their size and distribution to the form and
dimensions of the building. These were forwarded to the Directors in
1786. and were carried into execution, with some variations not for
the better, the most important to which however admit of future
correction. With respect of the plan of a Prison, requested at the
same time, I had heard of a benevolent society in England which had
been indulged by the government in an experiment of the effect of
labor in _solitary confinement_ on some of their criminals, which
experiment had succeeded beyond expectation. The same idea had been
suggested in France, and an Architect of Lyons had proposed a plan of
a well contrived edifice on the principle of solitary confinement. I
procured a copy, and as it was too large for our purposes, I drew one
on a scale, less extensive, but susceptible of additions as they
should be wanting. This I sent to the Directors instead of a plan of
a common prison, in the hope that it would suggest the idea of labor
in solitary confinement instead of that on the public works, which we
had adopted in our Revised Code. It's principle accordingly, but not
it's exact form, was adopted by Latrobe in carrying the plan into
execution, by the erection of what is now called the Penitentiary,
built under his direction. In the meanwhile the public opinion was
ripening by time, by reflection, and by the example of Pensylva,
where labor on the highways had been tried without approbation from
1786 to 89. & had been followed by their Penitentiary system on the
principle of confinement and labor, which was proceeding
auspiciously. In 1796. our legislature resumed the subject and
passed the law for amending the Penal laws of the commonwealth. They
adopted solitary, instead of public labor, established a gradation in
the duration of the confinement, approximated the style of the law
more to the modern usage, and instead of the settled distinctions of
murder & manslaughter, preserved in my bill, they introduced the new
terms of murder in the 1st & 2d degree. Whether these have produced
more or fewer questions of definition I am not sufficiently informed
of our judiciary transactions to say. I will here however insert the
text of my bill, with the notes I made in the course of my researches
into the subject.
Feb. 7. The acts of assembly concerning the College of Wm. &
Mary, were properly within Mr. Pendleton's portion of our work. But
these related chiefly to it's revenue, while it's constitution,
organization and scope of science were derived from it's charter. We
thought, that on this subject a systematical plan of general
education should be proposed, and I was requested to undertake it. I
accordingly prepared three bills for the Revisal, proposing three
distinct grades of education, reaching all classes. 1. Elementary
schools for all children generally, rich and poor. 2. Colleges for a
middle degree of instruction, calculated for the common purposes of
life, and such as would be desirable for all who were in easy
circumstances. And 3d. an ultimate grade for teaching the sciences
generally, & in their highest degree. The first bill proposed to lay
off every county into Hundreds or Wards, of a proper size and
population for a school, in which reading, writing, and common
arithmetic should be taught; and that the whole state should be
divided into 24 districts, in each of which should be a school for
classical learning, grammar, geography, and the higher branches of
numerical arithmetic. The second bill proposed to amend the
constitution of Wm. & Mary College, to enlarge it's sphere of
science, and to make it in fact an University. The third was for the
establishment of a library. These bills were not acted on until the
same year '96. and then only so much of the first as provided for
elementary schools. The College of Wm. & Mary was an establishment
purely of the Church of England, the Visitors were required to be all
of that Church; the Professors to subscribe it's 39 Articles, it's
Students to learn it's Catechism, and one of its fundamental objects
was declared to be to raise up Ministers for that church. The
religious jealousies therefore of all the dissenters took alarm lest
this might give an ascendancy to the Anglican sect and refused acting
on that bill. Its local eccentricity too and unhealthy autumnal
climate lessened the general inclination towards it. And in the
Elementary bill they inserted a provision which completely defeated
it, for they left it to the court of each county to determine for
itself when this act should be carried into execution, within their
county. One provision of the bill was that the expenses of these
schools should be borne by the inhabitants of the county, every one
in proportion to his general tax-rate. This would throw on wealth
the education of the poor; and the justices, being generally of the
more wealthy class, were unwilling to incur that burthen, and I
believe it was not suffered to commence in a single county. I shall
recur again to this subject towards the close of my story, if I
should have life and resolution enough to reach that term; for I am
already tired of talking about myself.
The bill on the subject of slaves was a mere digest of the
existing laws respecting them, without any intimation of a plan for a
future & general emancipation. It was thought better that this
should be kept back, and attempted only by way of amendment whenever
the bill should be brought on. The principles of the amendment
however were agreed on, that is to say, the freedom of all born after
a certain day, and deportation at a proper age. But it was found
that the public mind would not yet bear the proposition, nor will it
bear it even at this day. Yet the day is not distant when it must
bear and adopt it, or worse will follow. Nothing is more certainly
written in the book of fate than that these people are to be free.
Nor is it less certain that the two races, equally free, cannot live
in the same government. Nature, habit, opinion has drawn indelible
lines of distinction between them. It is still in our power to
direct the process of emancipation and deportation peaceably and in
such slow degree as that the evil will wear off insensibly, and their
place be pari passu filled up by free white laborers. If on the
contrary it is left to force itself on, human nature must shudder at
the prospect held up. We should in vain look for an example in the
Spanish deportation or deletion of the Moors. This precedent would
fall far short of our case.
I considered 4 of these bills, passed or reported, as forming a
system by which every fibre would be eradicated of antient or future
aristocracy; and a foundation laid for a government truly republican.
The repeal of the laws of entail would prevent the accumulation and
perpetuation of wealth in select families, and preserve the soil of
the country from being daily more & more absorbed in Mortmain. The
abolition of primogeniture, and equal partition of inheritances
removed the feudal and unnatural distinctions which made one member
of every family rich, and all the rest poor, substituting equal
partition, the best of all Agrarian laws. The restoration of the
rights of conscience relieved the people from taxation for the
support of a religion not theirs; for the establishment was truly of
the religion of the rich, the dissenting sects being entirely
composed of the less wealthy people; and these, by the bill for a
general education, would be qualified to understand their rights, to
maintain them, and to exercise with intelligence their parts in
self-government: and all this would be effected without the violation
of a single natural right of any one individual citizen. To these
too might be added, as a further security, the introduction of the
trial by jury, into the Chancery courts, which have already ingulfed
and continue to ingulf, so great a proportion of the jurisdiction
over our property.
On the 1st of June 1779. I was appointed Governor of the
Commonwealth and retired from the legislature. Being elected also
one of the Visitors of Wm. & Mary college, a self-electing body, I
effected, during my residence in Williamsburg that year, a change in
the organization of that institution by abolishing the Grammar
school, and the two professorships of Divinity & Oriental languages,
and substituting a professorship of Law & Police, one of Anatomy
Medicine and Chemistry, and one of Modern languages; and the charter
confining us to six professorships, we added the law of Nature &
Nations, & the Fine Arts to the duties of the Moral professor, and
Natural history to those of the professor of Mathematics and Natural
philosophy.
Being now, as it were, identified with the Commonwealth itself,
to write my own history during the two years of my administration,
would be to write the public history of that portion of the
revolution within this state. This has been done by others, and
particularly by Mr. Girardin, who wrote his Continuation of Burke's
history of Virginia while at Milton, in this neighborhood, had free
access to all my papers while composing it, and has given as faithful
an account as I could myself. For this portion therefore of my own
life, I refer altogether to his history. From a belief that under
the pressure of the invasion under which we were then laboring the
public would have more confidence in a Military chief, and that the
Military commander, being invested with the Civil power also, both
might be wielded with more energy promptitude and effect for the
defence of the state, I resigned the administration at the end of my
2d. year, and General Nelson was appointed to succeed me.
Soon after my leaving Congress in Sep. '76, to wit on the last
day of that month, I had been appointed, with Dr. Franklin, to go to
France, as a Commissioner to negotiate treaties of alliance and
commerce with that government. Silas Deane, then in France, acting
as agent (* 2) for procuring military stores, was joined with us in
commission. But such was the state of my family that I could not
leave it, nor could I expose it to the dangers of the sea, and of
capture by the British ships, then covering the ocean. I saw too
that the laboring oar was really at home, where much was to be done
of the most permanent interest in new modelling our governments, and
much to defend our fanes and fire-sides from the desolations of an
invading enemy pressing on our country in every point. I declined
therefore and Dr. Lee was appointed in my place. On the 15th. of
June 1781. I had been appointed with Mr. Adams, Dr. Franklin, Mr.
Jay, and Mr. Laurens a Minister plenipotentiary for negotiating
peace, then expected to be effected thro' the mediation of the
Empress of Russia. The same reasons obliged me still to decline; and
the negotiation was in fact never entered on. But, in the autumn of
the next year 1782 Congress receiving assurances that a general peace
would be concluded in the winter and spring, they renewed my
appointment on the 13th. of Nov. of that year. I had two months
before that lost the cherished companion of my life, in whose
affections, unabated on both sides, I had lived the last ten years in
unchequered happiness. With the public interests, the state of my
mind concurred in recommending the change of scene proposed; and I
accepted the appointment, and left Monticello on the 19th. of Dec.
1782. for Philadelphia, where I arrived on the 27th. The Minister of
France, Luzerne, offered me a passage in the Romulus frigate, which I
accepting. But she was then lying a few miles below Baltimore
blocked up in the ice. I remained therefore a month in Philadelphia,
looking over the papers in the office of State in order to possess
myself of the general state of our foreign relations, and then went
to Baltimore to await the liberation of the frigate from the ice.
After waiting there nearly a month, we received information that a
Provisional treaty of peace had been signed by our Commissioners on
the 3d. of Sept. 1782. to become absolute on the conclusion of peace
between France and Great Britain. Considering my proceeding to
Europe as now of no utility to the public, I returned immediately to
Philadelphia to take the orders of Congress, and was excused by them
from further proceeding. I therefore returned home, where I arrived
on the 15th. of May, 1783.
(* 2) His ostensible character was to be that of a merchant,
his real one that of agent for military supplies, and also for
sounding the dispositions of the government of France, and seeing how
far they would favor us, either secretly or openly. His appointment
had been by the Committee of Foreign Correspondence, March, 1776.
On the 6th. of the following month I was appointed by the
legislature a delegate to Congress, the appointment to take place on
the 1st. of Nov. ensuing, when that of the existing delegation would
expire. I accordingly left home on the 16th. of Oct. arrived at
Trenton, where Congress was sitting, on the 3d. of Nov. and took my
seat on the 4th., on which day Congress adjourned to meet at
Annapolis on the 26th.
Congress had now become a very small body, and the members very
remiss in their attendance on it's duties insomuch that a majority of
the states, necessary by the Confederation to constitute a house even
for minor business did not assemble until the 13th. of December.
They as early as Jan. 7. 1782. had turned their attention to
the monies current in the several states, and had directed the
Financier, Robert Morris, to report to them a table of rates at which
the foreign coins should be received at the treasury. That officer,
or rather his assistant, Gouverneur Morris, answered them on the 15th
in an able and elaborate statement of the denominations of money
current in the several states, and of the comparative value of the
foreign coins chiefly in circulation with us. He went into the
consideration of the necessity of establishing a standard of value
with us, and of the adoption of a money-Unit. He proposed for the
Unit such a fraction of pure silver as would be a common measure of
the penny of every state, without leaving a fraction. This common
divisor he found to be 1 -- 1440 of a dollar, or 1 -- 1600 of the
crown sterling. The value of a dollar was therefore to be expressed
by 1440 units, and of a crown by 1600. Each Unit containing a
quarter of a grain of fine silver. Congress turning again their
attention to this subject the following year, the financier, by a
letter of Apr. 30, 1783. further explained and urged the Unit he had
proposed; but nothing more was done on it until the ensuing year,
when it was again taken up, and referred to a commee of which I was a
member. The general views of the financier were sound, and the
principle was ingenious on which he proposed to found his Unit. But
it was too minute for ordinary use, too laborious for computation
either by the head or in figures. The price of a loaf of bread 1 --
20 of a dollar would be 72. units.
A pound of butter 1 -- 5 of a dollar 288. units.
A horse or bullock of 80. D value would require a notation of
6. figures, to wit 115,200, and the public debt, suppose of 80.
millions, would require 12. figures, to wit 115,200,000,000 units.
Such a system of money-arithmetic would be entirely unmanageable for
the common purposes of society. I proposed therefore, instead of
this, to adopt the Dollar as our Unit of account and payment, and
that it's divisions and sub-divisions should be in the decimal ratio.
I wrote some Notes on the subject, which I submitted to the
consideration of the financier. I received his answer and adherence
to his general system, only agreeing to take for his Unit 100. of
those he first proposed, so that a Dollar should be 14 40 -- 100 and
a crown 16. units. I replied to this and printed my notes and reply
on a flying sheet, which I put into the hands of the members of
Congress for consideration, and the Committee agreed to report on my
principle. This was adopted the ensuing year and is the system which
now prevails. I insert here the Notes and Reply, as shewing the
different views on which the adoption of our money system hung. The
division into dimes, cents & mills is now so well understood, that it
would be easy of introduction into the kindred branches of weights &
measures. I use, when I travel, an Odometer of Clarke's invention
which divides the mile into cents, and I find every one comprehend a
distance readily when stated to them in miles & cents; so they would
in feet and cents, pounds & cents, &c.
The remissness of Congress, and their permanent session, began
to be a subject of uneasiness and even some of the legislatures had
recommended to them intermissions, and periodical sessions. As the
Confederation had made no provision for a visible head of the
government during vacations of Congress, and such a one was necessary
to superintend the executive business, to receive and communicate
with foreign ministers & nations, and to assemble Congress on sudden
and extraordinary emergencies, I proposed early in April the
appointment of a commee to be called the Committee of the states, to
consist of a member from each state, who should remain in session
during the recess of Congress: that the functions of Congress should
be divided into Executive and Legislative, the latter to be reserved,
and the former, by a general resolution to be delegated to that
Committee. This proposition was afterwards agreed to; a Committee
appointed, who entered on duty on the subsequent adjourn-ment of
Congress, quarrelled very soon, split into two parties, abandoned
their post, and left the government without any visible head until
the next meeting in Congress. We have since seen the same thing take
place in the Directory of France; and I believe it will forever take
place in any Executive consisting of a plurality. Our plan, best I
believe, combines wisdom and practicability, by providing a plurality
of Counsellors, but a single Arbiter for ultimate decision. I was in
France when we heard of this schism, and separation of our Committee,
and, speaking with Dr. Franklin of this singular disposition of men
to quarrel and divide into parties, he gave his sentiments as usual
by way of Apologue. He mentioned the Eddystone lighthouse in the
British channel as being built on a rock in the mid-channel, totally
inaccessible in winter, from the boisterous character of that sea, in
that season. That therefore, for the two keepers employed to keep up
the lights, all provisions for the winter were necessarily carried to
them in autumn, as they could never be visited again till the return
of the milder season. That on the first practicable day in the
spring a boat put off to them with fresh supplies. The boatmen met
at the door one of the keepers and accosted him with a How goes it
friend? Very well. How is your companion? I do not know. Don't
know? Is not he here? I can't tell. Have not you seen him to-day?
No. When did you see him? Not since last fall. You have killed
him? Not I, indeed. They were about to lay hold of him, as having
certainly murdered his companion; but he desired them to go up stairs
& examine for themselves. They went up, and there found the other
keeper. They had quarrelled it seems soon after being left there,
had divided into two parties, assigned the cares below to one, and
those above to the other, and had never spoken to or seen one another
since.
But to return to our Congress at Annapolis, the definitive
treaty of peace which had been signed at Paris on the 3d. of Sep.
1783. and received here, could not be ratified without a House of 9.
states. On the 23d. of Dec. therefore we addressed letters to the
several governors, stating the receipt of the definitive treaty, that
7 states only were in attendance, while 9. were necessary to its
ratification, and urging them to press on their delegates the
necessity of their immediate attendance. And on the 26th. to save
time I moved that the Agent of Marine (Robert Morris) should be
instructed to have ready a vessel at this place, at N. York, & at
some Eastern port, to carry over the ratification of the treaty when
agreed to. It met the general sense of the house, but was opposed by
Dr. Lee on the ground of expense which it would authorize the agent
to incur for us; and he said it would be better to ratify at once &
send on the ratification. Some members had before suggested that 7
states were competent to the ratification. My motion was therefore
postponed and another brought forward by Mr. Read of S. C. for an
immediate ratification. This was debated the 26th. and 27th. Reed,
Lee, [Hugh] Williamson & Jeremiah Chace urged that ratification was a
mere matter of form, that the treaty was conclusive from the moment
it was signed by the ministers; that although the Confederation
requires the assent of 9. _states_ to _enter into_ a treaty, yet that
it's conclusion could not be called _entrance into it_; that
supposing 9. states requisite, it would be in the power of 5. states
to keep us always at war; that 9. states had virtually authorized the
ratifion having ratified the provisional treaty, and instructed their
ministers to agree to a definitive one in the same terms, and the
present one was in fact substantially and almost verbatim the same;
that there now remain but 67. days for the ratification, for it's
passage across the Atlantic, and it's exchange; that there was no
hope of our soon having 9. states present; in fact that this was the
ultimate point of time to which we could venture to wait; that if the
ratification was not in Paris by the time stipulated, the treaty
would become void; that if ratified by 7 states, it would go under
our seal without it's being known to Gr. Britain that only 7. had
concurred; that it was a question of which they had no right to take
cognizance, and we were only answerable for it to our constituents;
that it was like the ratification which Gr. Britain had received from
the Dutch by the negotiations of Sr. Wm. Temple.
On the contrary, it was argued by Monroe, Gerry, Howel, Ellery
& myself that by the modern usage of Europe the ratification was
considered as the act which gave validity to a treaty, until which it
was not obligatory. (* 3) That the commission to the ministers
reserved the ratification to Congress; that the treaty itself
stipulated that it should be ratified; that it became a 2d. question
who were competent to the ratification? That the Confederation
expressly required 9 states to enter into any treaty; that, by this,
that instrument must have intended that the assent of 9. states
should be necessary as well to the _completion_ as to the
_commencement_ of the treaty, it's object having been to guard the
rights of the Union in all those important cases where 9. states are
called for; that, by the contrary construction, 7 states, containing
less than one third of our whole citizens, might rivet on us a
treaty, commenced indeed under commission and instructions from 9.
states, but formed by the minister in express contradiction to such
instructions, and in direct sacrifice of the interests of so great a
majority; that the definitive treaty was admitted not to be a verbal
copy of the provisional one, and whether the departures from it were
of substance or not, was a question on which 9. states alone were
competent to decide; that the circumstances of the ratification of
the provisional articles by 9. states, the instructions to our
ministers to form a definitive one by them, and their actual
agreement in substance, do not render us competent to ratify in the
present instance; if these circumstances are in themselves a
ratification, nothing further is requisite than to give attested
copies of them, in exchange for the British ratification; if they are
not, we remain where we were, without a ratification by 9. states,
and incompetent ourselves to ratify; that it was but 4. days since
the seven states now present unanimously concurred in a resolution to
be forwarded to the governors of the absent states, in which they
stated as a cause for urging on their delegates, that 9. states were
necessary to ratify the treaty; that in the case of the Dutch
ratification, Gr. Britain had courted it, and therefore was glad to
accept it as it was; that they knew our constitution, and would
object to a ratification by 7. that if that circumstance was kept
back, it would be known hereafter, & would give them ground to deny
the validity of a ratification into which they should have been
surprised and cheated, and it would be a dishonorable prostitution of
our seal; that there is a hope of 9. states; that if the treaty would
become null if not ratified in time, it would not be saved by an
imperfect ratification; but that in fact it would not be null, and
would be placed on better ground, going in unexceptionable form, tho'
a few days too late, and rested on the small importance of this
circumstance, and the physical impossibilities which had prevented a
punctual compliance in point of time; that this would be approved by
all nations, & by Great Britain herself, if not determined to renew
the war, and if determined, she would never want excuses, were this
out of the way. Mr. Reade gave notice he should call for the yeas &
nays; whereon those in opposition prepared a resolution expressing
pointedly the reasons of the dissent from his motion. It appearing
however that his proposition could not be car-ried, it was thought
better to make no entry at all. Massa-chusetts alone would have been
for it; Rhode Island, Pennsylvania and Virginia against it, Delaware,
Maryland & N. Carolina, would have been divided.
(* 3) Vattel, L. 2, 156. L, 77. I. Mably Droit D'Europe, 86.
Our body was little numerous, but very contentious. Day after
day was wasted on the most unimportant questions. My colleague
Mercer was one of those afflicted with the morbid rage of debate, of
an ardent mind, prompt imagination, and copious flow of words, he
heard with impatience any logic which was not his own. Sitting near
me on some occasion of a trifling but wordy debate, he asked how I
could sit in silence hearing so much false reasoning which a word
should refute? I observed to him that to refute indeed was easy, but
to silence impossible. That in measures brought forward by myself, I
took the laboring oar, as was incumbent on me; but that in general I
was willing to listen. If every sound argument or objection was used
by some one or other of the numerous debaters, it was enough: if not,
I thought it sufficient to suggest the omission, without going into a
repetition of what had been already said by others. That this was a
waste and abuse of the time and patience of the house which could not
be justified. And I believe that if the members of deliberative
bodies were to observe this course generally, they would do in a day
what takes them a week, and it is really more questionable, than may
at first be thought, whether Bonaparte's dumb legislature which said
nothing and did much, may not be preferable to one which talks much
and does nothing. I served with General Washington in the
legislature of Virginia before the revolution, and, during it, with
Dr. Franklin in Congress. I never heard either of them speak ten
minutes at a time, nor to any but the main point which was to decide
the question. They laid their shoulders to the great points, knowing
that the little ones would follow of themselves. If the present
Congress errs in too much talking, how can it be otherwise in a body
to which the people send 150. lawyers, whose trade it is to question
everything, yield nothing, & talk by the hour? That 150. lawyers
should do business together ought not to be expected. But to return
again to our subject.
Those who thought 7. states competent to the ratification being
very restless under the loss of their motion, I proposed, on the 3d.
of January to meet them on middle ground, and therefore moved a
resolution which premising that there were but 7. states present, who
were unanimous for the ratification, but, that they differed in
opinion on the question of competency. That those however in the
negative were unwilling that any powers which it might be supposed
they possessed should remain unexercised for the restoration of
peace, provided it could be done saving their good faith, and without
imp