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7. Instituting New Government
he dissolution of the regal and substitution of the popular administration in Virginia was unattended by a single convulsion. But as yet, no settled form of government had been established. There was no constitution and no executive head. The legislative, judiciary, and executive functions were all lodged in one body -- the colonial convention. This was the grand depository of the whole political power of the province. Although confined to his station in Congress and oppressed with the cares of the general administration, Mr. Jefferson could not overlook in silence the dangers to be apprehended from so jarring a combination of fundamental powers in the political establishment of Virginia, and he exerted his influence to procure a more perfect organization at the meeting of the next convention.
The Convention assembled at Williamsburg on the 6th of May, 1776, when the vices of the existing system were removed by the adoption of a DECLARATION OF RIGHTS and a CONSTITUTION, which continued without alteration from that day until the convention of 1829. The subject was brought forward on the 15th of May by Colonel Archibald Cary, who moved the appointment of a committee "to prepare a declaration of rights and plan of government, to maintain peace and order in the colony, and secure substantial and equal liberty to the people." Whereupon a committee of thirty-four persons was appointed, consisting of the wisest heads and firmest hearts of Virginia, of whom the veteran republican, George Mason, was one.
The question now arises which has been so often asked -- What particular agency, if any, had Mr. Jefferson in the formation of the Virginia Constitution? He was distant from the scene of the Convention and immersed in the complicated duties of his official station. This question has been put to rest by Mr. Girardin in his continuation of Burke's History of Virginia. This gentleman had free access to Mr. Jefferson's papers while compiling his history and has presented the matter in a clear light.
It appears that the entire Preamble and some portions of the body of the instrument are the production of Mr. Jefferson; but the bulk of the constitution, including the Declaration of Rights, is the work of George Mason. Eager in the great work of political reformation, the former had composed at Philadelphia and transmitted to his friend Mr. Wythe the draught of an entire plan of government, comprehending a preamble, declaration of rights, and constitution. But his plan was not received until a previous one had gone through a committee of the whole and been submitted to the convention for their final sanction. It was then too late to adopt it entire. "Mr. Jefferson's valuable communication," says Mr. Girardin, "reached the convention just at the moment when the plan originally drawn up by Colonel George Mason and afterwards discussed and amended was to receive the final sanction of that venerable body. It was now too late to retrace previous steps; the session had already been uncommonly laborious, and considerations of personal delicacy hindered those to whom Mr. Jefferson's ideas were imparted from proposing or urging new alterations. Two or three parts of his plan, and the whole of his preamble, however, were adopted; and to this circumstance must be ascribed the strong similitude between the Preamble and the Declaration of Independence subsequently issued by the Continental Congress, both having been traced by the same pen." In the Life of Patrick Henry, it is also stated: "There now exists among the archives of this State an original rough draught of a Constitution for Virginia in the hand-writing of Mr. Jefferson containing this identical preamble. The body of the constitution had been adopted by the committee of the whole before the arrival of Mr. Jefferson's plan. His preamble, however, was prefixed to the instrument, and some of the modifications proposed by him introduced into the body of it."
The constitution was adopted unanimously on the 29th of June, 1776, and to that date may be referred the first establishment of self-government by a written compact in the western continent, and probably in the whole world. It formed the model for all the other States as they successively recovered themselves from the parent monarchy. The example of Virginia was soon followed by other provinces, and the popular administrations succeeded to the regal with astonishing rapidity.
The following paragraph in a letter to Major John Cartwright in 1824 will suffice to show the general light in which Mr. Jefferson viewed the first republican constitution, as well as the extent to which he carried his democratic theory in 1776.
"Virginia, of which I am myself a native and resident, was not only the first of the States, but, I believe I may say, the first of the nations of the earth which assembled its wise men peaceably together to form a fundamental constitution, to commit it to writing, and place it among their archives where everyone should be free to appeal to its text. But this act was very imperfect. The other States, as they proceeded successively to the same work, made successive improvement; and several of them, still further corrected by experience, have by convention still further amended their first forms. My own State has gone on so far with its premiere ebauche; but it is now proposing to call a convention for amendment. Among other improvements, I hope they will adopt the subdivision of our counties into wards. The former may be estimated at an average of twenty-four miles square; the latter should be about six miles square each, and would answer to the hundreds of your Saxon Alfred. In each of these might be, 1. An elementary school. 2. A company of militia with its officers. 3. A justice of the peace and constable. 4. Each ward should take care of their own poor. 5. Their own roads. 6. Their own police. 7. Elect within themselves one or more jurors to attend the courts of justice. And 8. Give in at their Folk-house, their votes for all functionaries reserved to their election. Each ward would thus be a small republic within itself, and every man in the State would thus become an acting member of the common government, transacting in person a great portion of its rights and duties, subordinate indeed, yet important and entirely within his competence. The wit of man cannot devise a more solid base for a free, durable and well-administered republic." (June 5, 1824. ME 16:45)
This was the remarkable extent to which Mr. Jefferson carried his theory of popular government at the first "leap." That he had imbibed these doctrines so early as 1776 is evident, for in his celebrated Revisal of the Laws of Virginia commenced in the autumn of that year, he introduced a proposition for dividing the whole State into wards of six miles square, and for imparting to each those identical portions of self-government above described.
"Resolved, unanimously, That the Delegates appointed to represent this Colony in General Congress be instructed to propose to that respectable body to DECLARE THE UNITED COLONIES FREE AND INDEPENDENT STATES, absolved from all allegiance to, or dependence upon, the Crown or Parliament of Great Britain; and that they give the assent of this Colony to such declaration, and to whatever measures may be thought proper and necessary by the Congress for forming foreign alliances and A CONFEDERATION OF THE COLONIES, at such time and in the manner as to them shall seem best. Provided, that the power of forming government for, and the regulation of, the internal concerns of each Colony, be left to the respective Colonial Legislatures."
The intelligence of this denouement was received with a general feeling of approbation throughout the country, and in many places with demonstrations of joy. It was the signal for corresponding manifestations in most of the provincial Legislatures, and in the course of a short period, a great majority of the Representatives in Congress were instructed to the same effect.
At this moment, the author of "Common Sense" lighted his fiercest torch. The efforts of this unrivaled propagandist were powerfully reinforced by those solid appeals to reason and conscience, which were propounded to individual characters of weight in different sections through the dignified medium of private correspondence. This was the great political lever of Mr. Jefferson. These active moral causes, mingling in confluence, poured a steady stream of excitement into the popular mind. The brilliant success of the American arms in several important engagements strengthened the general feeling.
In Congress also, at this period (May 1776) corresponding advances had been made in political sentiment. The doctrines of Mr. Jefferson were now clearly in the ascendant. It was no longer heresy to maintain the sovereignty of the people and the coordinate sovereignty of the States with Great Britain in all matters of government, external as well as internal; at least, it was not so in practice, however it may have been in the abstract. The revolutionary party were predominant. A powerful minority, however, still existed who clung with filial reverence to the supposed ties which bound them in conscience and honor to the parent government. But happily, this party were terribly shaken in their faith by a recent act of Parliament which declared the Colonies in a state of rebellion and out of the protection of the British Crown. They reasoned from this that as protection and dependence were reciprocal, the one having ceased, the other might also; and that therefore, Great Britain herself had actually declared them independent! This was a sound conclusion, and who can sufficiently admire the stupendous folly of the British Parliament? Still, however, cautious approaches to the last extremities were requisite to preserve the general assent of the people.
A preparatory step was accordingly taken by the patriots which discovered great address. A resolution was proposed declaring that "whereas the government of Great Britain had excluded the United Colonies from the protection of the Crown, it was therefore irreconcilable to reason and good conscience for the people to continue their allegiance to the government under that crown"; and they accordingly recommended the several colonies "to establish independent governments of their own."
This resolution was adopted on the 15th of May, and by a remarkable coincidence, the Convention of Virginia had, on the same day, adopted the resolution appointing a committee to prepare a declaration of rights and plan of government for that colony. It is said that Mr. Jefferson, being constantly apprised of the progress of the Convention, promoted this singular concurrence of parallel results with a view to popular effect. Be this as it may, he was an ardent supporter of the measure in Congress, regarding it as the entering wedge to the grand proposition which he throbbed with impatience to see carried.
On the 28th of May, upon motion of Mr. Jefferson, Congress resolved "that an animated address be published to impress the minds of the people with the necessity of now stepping forward to save their country, their freedom, and their property." Being chairman of the committee upon this resolution, he prepared the address, and an animated one it was! It was conceived in his happiest manner, with a power of expression and of argument which carried conviction and courage to the breast of every man. This was another ingenious stroke of policy designed to prepare the popular mind for a favorable reception of the momentous decision in reserve.[note]
The plot of the drama now began to thicken. The delegates from Virginia received their instructions early in June and immediately held a conference to devise suitable means for their due execution. Richard H. Lee, being the oldest in the delegation and endowed with extraordinary powers of eloquence, was designated to make the introductory motion, and the seventh of June was ordered as the day. Accordingly, on that day he rose from his seat and moved that Congress should declare "That these United Colonies are, and of right ought to be free and independent States; that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and 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 deferred till the next day when the members were ordered to attend punctually at ten o'clock.
Saturday, June 8th, Congress proceeded to take the subject into consideration, and referred it to a Committee of the Whole, into which they immediately resolved themselves and passed that day and Monday, the 10th, in warm and vehement debates.
The conflict was painful. The grounds of opposition to the measure affected its expediency as to time, rather than its absolute propriety, and were strenuously urged by Dickinson and Wilson of Pennsylvania, Robert R. Livingston of New York, Edward Rutledge of South Carolina, and some others. The leading advocates of the immediate declaration of independence were Mr. Jefferson, John and Samuel Adams, Lee, Wythe, and some others. The heads only of the arguments delivered on this interesting occasion have been preserved by one man alone -- Mr. Jefferson -- and they owe their first disclosure to the world to the publication of his "Memoirs." (Autobiography, 1821. ME 1:18)
The tenor of the debate indicated such a strength of opposition to the measure that it was deemed impolitic to press it at this time. The Colonies of New York, New Jersey, Pennsylvania, Delaware, Maryland, and South Carolina were not yet matured for falling from the parent stem; but as they were fast advancing to that state, it was thought most prudent to wait awhile for them. The final decision of the question was therefore postponed to the 1st of July. But that this might occasion as little delay as possible, it was ordered that a committee be appointed to prepare a DECLARATION OF IDEPENDENCE in accordance with the motion. Mr. Jefferson having the highest number of votes was placed at the head of this Committee; the other members were John Adams, Dr. Franklin, Roger Sherman, and Robert R. Livingston. The Committee met and unanimously solicited Mr. Jefferson to prepare the draught of the Declaration alone. He drew it; but before submitting it to the Committee, he communicated it separately to Dr. Franklin and Mr. Adams with a view to avail himself of the benefit of their criticisms. They criticized it and suggested two or three alterations, merely verbal, intended to soften somewhat the original phraseology. The Committee unanimously approved it, and on Friday, the 28th of June, they reported it to Congress, when it was read and ordered to lie on the table.
On Monday the first of July, agreeably to assignment, the House resolved itself into a committee of the whole and resumed the consideration of the preliminary motion. It was debated again through the day and finally carried in the affirmative by the votes of New Hampshire, Connecticut, Massachusetts, Rhode Island, New Jersey, Maryland, Virginia, North Carolina, and Georgia. South Carolina and Pennsylvania voted against it. Delaware had but two members present, and they were divided. The Delegates from New York declared they were for it themselves and 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 either side, and asked leave to withdraw from the question, which was granted them. In this state of things, the Committee rose and reported their resolution to the House. Mr. Edward Rutledge of South Carolina then requested that the decision might be put off to the next day, as he believed his colleagues, though they disapproved of the resolution, would then join in it for the sake of unanimity. The ultimate decision by the House was accordingly postponed to the next day, July 2nd, when it was again moved, and South Carolina concurred in voting for it. In the mean time, a third member had come post from the Delaware counties and turned the vote of that Colony in favor of the resolution. Members of a different sentiment attending that morning from Pennsylvania, her vote was changed, so that the whole twelve Colonies who were authorized to vote at all, gave their voice for it; and within a few days, July 9th, the Convention of New York approved of it, and thus supplied the void occasioned by the withdrawal of her Delegates from the question.
It should be observed that these fluctuations and the final vote were upon the original motion to declare the Colonies independent. Consideration of THE DECLARATION OF IDEPENDENCE was reserved until later that day, after the original motion was decided.
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