THE WRITINGS OF THOMAS JEFFERSON Definitive Edition CONTAINING HIS AUTOBIOGRAPHY, NOTES ON VIRGINIA, PARLIAMENTARY MANUAL, OFFICIAL PAPERS, MESSAGES AND ADDRESSES, AND OTHER WRITINGS, OFFICIAL AND PRIVATE, NOW COLLECTED AND PUBLISHED IN THEIR ENTIRETY FOR THE FIRST TIME INCLUDING ALL OF THE ORIGINAL MANUSCRIPTS, DEPOSITED IN THE DEPARTMENT OF STATE AND PUBLISHED IN 1853 BY ORDER OF THE JOINT COMMITTEE OF CONGRESS WITH NUMEROUS ILLUSTRATIONS AND A COMPREHENSIVE ANALYTICAL INDEX ALBERT ELLERY BERGH EDITOR VOL. I. ISSUED UNDER THE AUSPICES OF THE THOMAS JEFFERSON MEMORIAL ASSOCIATION OF THE UNITED STATES WASHINGTON, D. C. 1907 COPYRIGHT, 1905, BY THE THOMAS JEFFERSON MEMORIAL ASSOCIATION SPECIAL INTRODUCTION. IF we want a sure proof of Thomas. Jefferson's greatness it will be found in the fact that men of every variety of political opinion, however far asunder, find confirmation of their doctrine in him. Every party in this country to-day reckons Jefferson as its patron saint. In my youth the political Abolitionists made appeals to Jefferson the burden of their song. In the late discussion, which rent the country, about the Philippine Islands, one' side quoted what Mr. Jefferson said in the Declaration of Independence, and the other what they thought he did, in the acquisition of Louisiana. I do not know of any other American of whom this is true, unless it be that the different schools of theology and ethics seem inclined to do the same thing just now as to Ralph Waldo Emerson. I can think of no other man in history, like Jefferson, leader as he was of two Revolutions and founder of a political party; one of which accomplished the independence of his country from a foreign yoke, the other overthrew by peaceful means the party at home which had been founded by Washington, and his great companions and counselors, of whom such a thing as this can be said. Every political sect finds its political doctrine in Jefferson, almost as every (vii) Viii Special Introduction religious sect finds its doctrine in the Savior of mankind. The friend of State rights calls attention to the fact that Jefferson spoke of the Government of the United States as the " agency at Washington." The Abolitionists quote the great Declaration and his famous utterance against slavery: " I tremble for my country, when I reflect that God is just." The supporter of a protective tariff claims him as the highest protectionist in our history, appealing to his desire that there might be a " wall around our country which should keep out all foreign manufactures." The free trader maintains that the spirit of everything he said and everything he did teaches the doctrine of unlimited freedom in all human conduct, except so far as may be needful for the restraint of actual crime. The mighty figure of Thomas Jefferson comes down in history with the Declaration of Independence in one hand, and the title deed of Louisiana in the other. He acquired for his country a territory of 1,171,931 square miles, now fifteen States, to be hereafter the seat and centre of empire certainly of this continent, and, as we confidently believe, of the world. Yet I believe, in the estimate of mankind, that achievement is insignificant compared with the other. The author of the Declaration of Independence stands in human history as the foremost man who ever lived, whose influence has led men to govern themselves in the conduct of States by spiritual laws. That was Jefferson's mission-to teach spiritual Special Introduction laws. Observe that I say spiritual laws, not spiritual truths merely, not formulae to be assented to, but rules of life to be governed by and acted upon. It was due to Jefferson that our fathers laid deep the foundation of the State in the moral law. They first set to mankind the great example, and exhibited the mighty spectacle-the sublimest spectacle in the universe-of a great and free people voluntarily governing itself by a law higher than its own desire. The doctrine of the Declaration was by no means new or original, Much of it is to be found in the prose writings of Milton. More than a hundred years before Milton said: "No man who knows aught, can be so stupid as to deny that all men were naturally born free; born to command and not to obey. They agreed by common league to bind each other from mutual injury and jointly to defend themselves against any that gave disturbance or opposition to such agreement. Hence came cities, towns and commonwealths. This authority and power being originally and naturally in every one of them, and unitedly in them all, they communicated and derived to one or more than one. The first was called a king; the others magistrates. Not to be their Lords and Masters, but to be their deputies and commissioners. It follows that since the king or magistrate holds his authority of the people, for their good in the first place, and not his own, then may the people as oft as they shall judge it for the best either choose him or reject him, retain him or depose him. Special Introduction though no tyrant, merely by the liberty and right of free-born men to be governed as seems to them best. " That governors are not lightly to be changed is true with respect to the people's prudence, not to be the king's right." " Nature teaches us to bear with oppression so long as there is a necessity for so doing." " What the people may lawfully do against a tyrant no man of clear judgment need go further to be guided than by the very principles of nature in man." Jefferson's Declaration ended by the declaration that, as our British brethren had been deaf to the voice of justice and consanguinity, we must acquiesce in the necessity that denounces our separation, and hold them as we hold the rest of mankind, enemies in war; in peace, friends. Milton thus ends his lofty affirmation : " He therefore that keeps peace with me near or remote, of whatever nation, is to me as far as all civil and human offices an Englishman and a neighbor, but if an Englishman forgetting all laws, human, civil and religious, offend against life and liberty, to him offended and to the law in his behalf, he is not better than a Turk, a Saracen, a heathen." If we are to trust abundant tradition, indeed if we are to take Jefferson's evidence, found in the correspondence where he poured out his heart to his intimate friends, he was by no means free from the faults common to his time-common to humanity in all time He was no hypocrite. He made no Special Introduction xi pretense to be a saint. He liked political power and popularity. He had a natural and honorable aspiration for the affection and good will of his countrymen. He probably would not have said of himself as Washington did, that he never said of a man what he would not say to him. But more than any other statesman down to his time-more than any other statesman I can think of-save Lincoln alone-he had a steadfast and abiding faith in justice, righteousness and liberty as the prevailing and abiding forces in the conduct of States, and that justice and righteousness were sure to prevail where any people bear rule in perfect liberty. He accepted this doctrine with an unhesitating confidence. He never failed to proclaim it on all occasions. For it he was ready to encounter unpopularity, poverty, if need be, imprisonment and exile. Upon it, as on a cornerstone, he laid the foundation of the Republic. He was sometimes charged with dissimulation in the conduct of ordinary politics. I think it will be found on thorough investigation, that that notion took its rise from the sweet and kindly courtesy, and the affectionate nature which liked to be on good terms with every human being. But however that might be, he never failed to utter his opinion where freedom and justice were concerned whoever might be hurt or whoever might be angered. In the midst of slaveholding Virginia he was wont to speak of the cause of the abolition of slavery as "the sacred side "and to say that he looked to the young for its accomplishment. xii Special Introduction So far as appears, he took little pride in anything else that he accomplished in his long life, great as were his other services to his country. He was Secretary of State. He was Governor of Virginia. He was Minister to France. He was Vice-President. He was President. He acquired Louisiana. Yet, when he gave direction for his own epitaph, he cared to have none of these things remembered. The simple inscription on his tomb at Monticello sums up in his language as no other orator can, the character and career of Thomas Jefferson. " Here was buried Thomas Jefferson, author of the Declaration of American Independence, of the Statute of Virginia for religious freedom, and father of the University of Virginia." Political freedom, religious freedom, and the education that makes these possible and safe were the ends for which he strove, the monuments by which he desired to be remembered. Neither power, nor honor, nor office, nor popularity, nor fame entered into the mighty heart or stirred that mighty soul. I remember in my youth that a brilliant writer undertook with some success to caricature Daniel Webster, although it was a rather audacious attempt. He represents Mr. Webster as saying: The common opinion in the eastern hemisphere is so and so-I differ from this eastern hemisphere." That was not so unreasonable a thing for Daniel Webster to say. But if Thomas Jefferson had said it it would occur to no man that it was either extrava- Special Introduction xiii gant or presumptuous. Thomas Jefferson was one of those men who can differ from hemispheres, from generations, from administrations and from centuries with the perfect assurance that on any question of liberty and righteousness, if the opinion of Thomas Jefferson stand on one side and the opinion of mankind on the other, the world will, in the end, come around to his way of thinking. The American people, favored beyond any other in many things, is favored especially in its great anniversaries. There is no other nation that celebrates such things as we do. There is no other nation that has such things to celebrate. The landing of the Pilgrims ; the Fourth of July ; the Nineteenth of April; the Birthday of Washington; the Birthday of Lincoln; the Birthday of Jefferson, and, I hope hereafter, the founding of the Northwest and the Louisiana Treaty-these are not only great events in the history of our own people, but they are great event's in the history of liberty. I have named eight. Six of them are already established holidays, either by law, or in a habit of the people powerful as law. Three of those--one of them perhaps the foremost and most generally observed of all-belong not only to the history of the country and of universal liberty, but to the life of Thomas Jefferson. LINCOLN'S TRIBUTE TO JEFFERSON. TO H. L. PIERCE AND OTHERS. SPRINGFIELD, Ill., April 6, 1859. GENTLEMEN: Your kind note inviting me to attend a festival in Boston, on the 28th instant, in honor of the birthday of Thomas Jefferson, was duly received. My engagements are such that I cannot come. Bearing m mind that about seventy years ago two great political parties were first formed in this country, that Thomas Jefferson was the head of one of them and Boston the headquarters of the other, it is both curious and interesting that those supposed to descend politically from the party opposed to Jefferson should now be celebrating his birthday in their own original seat and empire, while those claiming political descent from him have nearly ceased to breathe his name everywhere. Remembering, too, that the Jefferson party formed upon the supposed superior devotion to the personal rights of men, holding the rights of property to be secondary only and greatly inferior, and assuming that the so called Democracy of to-day are the Jefferson, and their opponents the anti-Jefferson party, it will be equally interesting to note xvi Lincoln's Tribute to Jefferson how completely the two have changed hands as to the principle upon which they were originally supposed to be divided. The Democracy of to-day hold the liberty of one man to be absolutely nothing, when in conflict with another man's right of property; Republicans, on the contrary, are for both the man and the dollar, but in case of conflict the man before the dollar. I remember being very much amused at seeing two partially intoxicated men engaged in a fight with their great-coats on, which fight, after a long and rather harmless contest, ended in each having fought himself out of his own coat and into that of the other. If the two leading parties of this day are really identical with the two in the days of Jefferson and Adams they have performed the same feat as the two drunken men. But soberly, it is now no child's play to save the principles of Jefferson from total overthrow in this nation. One would state with great confidence that he could convince any sane child that the simpler propositions of Euclid are true, but nevertheless he would fail, utterly, with one who should deny the definitions and axioms. The principles. of Jefferson are the definitions and axioms of free society and yet they are denied and evaded, with no small show of success. One dashingly calls them "glittering generalities." Another bluntly calls them " self-evident lies " and others insidiously argue that they apply to " superior Lincoln's Tribute to Jefferson xvii races." These expressions, differing in form, are identical in object and effect-the supplanting the principles of free government, and restoring those of classification, caste, and legitimacy. They would delight a convocation of crowned heads plotting against the people. They are the vanguard, the miners and sappers of returning despotism. We must repulse them, or they will subjugate us. This is a world of compensation ; and he who would be no slave must consent to have no slave. Those who deny freedom to others deserve it not for themselves, and, under a just God, cannot long retain it. All honor to Jefferson-to the man, who in the concrete pressure of a struggle for national independence by a single people, had the coolness, forecaste, and sagacity to introduce into a merely revolutionary document an abstract truth, applicable to all men and all times, and so embalm it there that to-day and in all coming days it shall be a rebuke and a stumbling-block to the very harbingers of reappearing tyranny and oppression. Your obedient servant, A. LlNCOLN. CONTENTS. PAGE DEDICATION 111 OFFICERS OF THE THOMAS JEFFERSON MEMORIAL ASSOCIATION V INTRODUCTION BY SENATOR GEORGE F. HOAR VII ABRAHAM LINCOLN'S TRIBUTE TO JEFFERSON XV AUTOBIOGRAPHY 1-164 History and Form of the Declaration of Inde- pendence, with facsimile of Jefferson's original draft 17-39 Proposals for Concerted Operation among Powers at war with the piratical States of Barbary 97 Extracts from a Despatch of the Count de Vergennes to the Marquis de Verac 110 APPENDIX TO AUTOBIOGRAPHY 165-262 (Note A) Letter to John Saunderson, Esq 165 Note for the Biography of Geo. Wythe 166 (Note B) Letter to Samuel A. Wells, Esq 170 (Note C) On the Instructions given to the first Delegation of Virginia to Congress in August, 1774 181 (Note D) Instructions for the Deputies ap pointed to meet in General Con- gress On the part of Virginia 211 XX Contents PAGE (Note E) Letter to George Wythe, Esq 216 A Bill for proportioning Crimes and Punishments in Cases here- tofore Capital 218 (Note F) Notes on the Establishment ,of a Money Unit and of a Coinage for the United States. 239 Supplementary Explanations 251 (Note G) Thomas Jefferson's Summary of his own Achievements.. 256 (Note H) Letters of George Washington to Thomas Jefferson 259--261 THE ANAS 265-492 Explanation of the Three Volumes Bound in Marbled Paper 265 Conversation with Alexander Hamilton. 283 Conversations with President Washington 285 315, 327,330 Cabinet Meetings 358, 360, 361, 373, 377, 379,380 383, 389, 393, 397, 400, 401,402 406, 409, 410, 453, 481, 490,491 Memorandum of Meeting at the State House, Philadelphia, relative to the case of the Little Sarah 363 Reasons for Secretary of State's Dissent 365 Copy of a Minute given to President Washington 370 A Recapitulation of Questions whereupon Mem- bers of the Cabinet have given opinions 371 Conference with President Washington 384 Conversation with John Adams 413 Dinner with President (John) Adams 420 Conversation with Aaron Burr 443 Conversation with the British Minister 485 JEFFERSON'S WORKS. AUTOBIOGRAPHY, WITH APPENDIX. JANUARY 6; 1821. At the age of 77, I begin to make some memoranda, and state some recollections of dates and facts concerning myself, for my own more ready reference, and 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 Great Britain. I noted once a case from Wales, in the law reports, where a person of our name was either plaintiff or defendant; 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 of my grandfather, who lived at the place in Chesterfield called Ozborne's, and owned 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 VOL. I-I Jefferson's Works 2 the lands I still own, called Shadwell, adjoining my present residence. He was born February 29,1707-8, and intermarried 1739, with Jane Randolph, of the age of 19, daughter of Isham Randolph, one of the seven sons of that name and family, settled at Dungeoness in Goochland. They trace their pedigree far back in England and Scotland, to which let every one ascribe the faith and 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 Mathematics in William and Mary college, to continue the boundary line between Virginia and North Carolina, which had been begun by Colonel Byrd; and was afterwards employed with the same Mr. Fry, to make the first map of Virginia which had ever been made, that of Captain Smith being merely a conjectural sketch. They possessed excellent materials for so much of the country as is below the Blue Ridge ; little being then known beyond that ridge. He was the third or fourth settler, about the year 1737, of the part of the country in which I live. He died, August 17th, 1757, leaving my mother a widow, who lived till 1776, with six daughters and two sons, myself the elder. To my younger brother he left his estate on James River , called Snowdon, after the supposed birth-place of the family: to myself, the lands on which I was born and live. Autobiography 3 He placed me at the English school at five years of age; and at the Latin at nine, where I continued until his death. My teacher, Mr. Douglas, a clergyman from Scotland, with the rudiments of the Latin and Greek languages, taught me the French; and on the death of my father, I went to the Reverend Mr. Maury, a correct classical scholar, with whom I continued two years; and then, to wit, in the spring of 1760, went to William and Mary college, where I continued two years. It was my great good fortune, and what probably fixed the destinies of my life, that Dr. William 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, and an enlarged and liberal mind. He, most happily for me, became soon attached to me, and made me his daily companion when not engaged in the school; and from his conversation I got my first views of the expansion of science, and of the system of things in which we are placed. Fortunately, the philosophical chair became vacant soon after my arrival at college, and he was appointed to fill it per interim: and he was the first who ever gave, in that college, regular lectures in Ethics, Rhetoric and Belles Letters. He returned to Europe in 1762, having previously filled up the measure of his goodness to me, by procuring for me, from his most intimate friend, George Withe, a reception as a student of law, under his direction, and introduced 4 Jefferson's Works me to the acquaintance and familiar table of Governor Fauquier, the ablest man who had ever filled that office. With him, and at his table, Dr. Small and Mr. Withe, his amici omnium horarum, and myself, formed a partie quarrel, and to the habitual conversations on these occasions I owed much instruction. Mr. Withe 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.(l) In 1769, I became a member of the legislature by the choice of the county in which I live, and so continued 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 Iimits, 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 and 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 _______________ [(1) See Appendix, note A.] Autobiography 5 of legislature, held their places at will, and were in most humble obedience to that will: the Governor too, who had a negative on our laws, held by the same tenure, and 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, and daughter of John Wayles, then twenty-three years old. Mr. Wayles was a lawyer of much practice, to which he was introduced more by his great industry, punctuality, and practical readiness, than by eminence in the science of his profession. He was a most agreeable companion, full of pleasantry and good humor, and welcomed in every society. He acquired a handsome fortune, and died in May, 1773, leaving three daughters : the portion which came on that event to Mrs. Jefferson, after the debts 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 Williamsburg. I attended the debate, however, at the door of the lobby of the House of Burgesses, and heard the splendid display of Mr. Henry's talents as a popular orator. They were 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, and member from 6 Jefferson's Works the Northern Neck, seconded the resolutions, and by him the learning and the logic of the case were chiefly maintained. My recollections of these transactions may be seen page 60 of the life of Patrick Henry, by Wirt, to whom I furnished them. In May, 1769, a meeting of the General Assembly was called by the Governor, Lord Botetourt. I had then become a member; and to that meeting became known the joint resolutions and address of the Lords and Commons, of 1768-9, on the proceedings in Massachusetts. Counter-resolutions , and an address to the King by the House of Burgesses, were agreed to with little opposition, and a spirit manifestly displayed itself of considering the cause of Massachusetts as a common one. The Governor dissolved us: but we met the next day in the Apollo(l) of the Raleigh tavern, formed ourselves into a voluntary convention, drew up articles of association against the use of any merchandise imported from Great Britain, signed and recommended them to the people, repaired to our several counties, and 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, and the declaratory act of a right in the British Parliament to bind us _______________ [(1) The name of a public room in the Raleigh.] Autobiography 7 by their laws in all cases whatsoever, still suspended over us. But a court of inquiry held in Rhode 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 and leading members up to the point of forwardness and zeal which the times required, Mr. Henry, Richard Henry Lee, Francis L. Lee, Mr. Carr and 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, and to produce a unity of action : and, for this purpose, that a committee of correspondence 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, page 87. The consulting members proposed to me to move them, but I urged that it should be done by Mr. Carr, my friend and brother-in-law, then a new member, to whom I wished an opportunity should be given of making known to the house his great 8 Jefferson's Works worth and talents. It was so agreed; he moved them, they were agreed to nem. con. and a committee of correspondence appointed, of whom Peyton Randolph, the speaker; was chairman. The Governor (then Lord Dunmore) dissolved us, but the committee met the next day, prepared a circular letter to the speakers of the other colonies, inclosing to each a copy of the resolutions, and left it in charge with their chairman to forward them by expresses. The origination of these committees of correspondence between the colonies has been since claimed for Massachusetts, and Marshall' has given into this error, although the very note of his appendix to which he refers, shows that their establishment was confined to their own towns. This matter will be seen clearly stated in a letter of Samuel Adams Wells to me of April 2nd, 1819, and my answer of May 12th. I was corrected by the letter of Mr. Wells in the information I had given Mr. Wirt, as stated in his note, page 87, that the messengers of Massachusetts and Virginia crossed each other on the way, bearing similar propositions; for Mr. Wells shows that Massachusetts did not adopt the measure, but on the receipt of our proposition, delivered at their next session. Their message, therefore, which passed ours, must have related to something else, for I well remember Peyton Randolph's informing me of the crossing of our messengers.(2) _______________ [ (1) Life of Washington, vol. ii., p, 151, [(2) See Appendix, note B.] Autobiography 9 The next event which excited our sympathies for Massachusetts, 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, three or four 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 and prayer would be most likely to call up and 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 and 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 portbill was to commence, for a day of fasting, humiliation, and 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 10 Jefferson's Works the King and Parliament to moderation and justice. To give greater emphasis to our proposition, we agreed to wait the next morning on Mr. Nicholas, whose grave and 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 committee of correspondence to propose to the corresponding committees 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 Williamsburg, the 1st of August ensuing, to consider the state of the colony, and particularly to appoint delegates to a general Congress, should that measure be acceded to by the committees of correspondence generally. It was .acceded to ; Philadelphia was appointed for the place, and the 5th of September 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, and to address Autobiography to them discourses suited to the occasion. The people met generally, with anxiety and alarm in their countenances, and the effect of the day, through the whole colony, was like a shock of electricity, arousing every man, and placing him erect and 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, which I meant to propose at our meeting.(1) In this I took the ground that, from the beginning, I had thought the only one orthodox or tenable, which was, that the relation between Great Britain and these colonies was exactly the same as that of England and Scotland, after the accession of James, and 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. Withe. He concurred in it from the first dawn of the question, What was the political relation between us and England? Our other patriots, Randolph, the Lees, Nicholas, Pendleton, stopped at the half-way house of John _______________ [(1) See Appendix, note C.] 11 Jefferson's Works 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 Williamsburg some days before that appointed for our meeting, but was taken ill of a dysentery on the road, and was unable to proceed. I sent on, therefore, to Williamsburg 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, though 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 through several editions. This information Autobiography 13 I had from Parson Hurt, who happened at the time to be in London, whither 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 House of Burgesses in England, made extracts from the bill, copied the names, and sent them to Peyton Randolph. The names, I think, were about twenty, which he repeated to me, but I recollect those only of Hancock, the two Adamses, Peyton Randolph himself, Patrick Henry, and myself.(1) The convention met on the 1st of August, renewed their association, appointed delegates to the Congress, gave them instructions very temperately and properly expressed, both as to style and matter;(2) and they repaired to Philadelphia at the time appointed. The splendid proceedings of that Congress, at their first 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 October, to meet again on the 10th of May ensuing. The convention, at their ensuing session of March, ' approved of the proceedings of Congress, thanked _______________ [(1) See Girardin's History of Virginia, Appendix No. 12. note. (2) See Appendix, note D.] 14 Jefferson's Works 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 House of Burgesses, might be called off, they added me, in that event, to the delegation. Mr. Randolph was, according to expectation, obliged to leave the chair of Congress, to attend the General Assembly summoned by Lord Dunmore, to meet on the 1st day of June, 1775. Lord 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, and therefore pressed me to prepare it. 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 and 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 Autobiography 15 approved there. I took my seat with them on the 21st of June. On the 24th, a committee 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, the House recommitted it, on the 26th, and added Mr. Dickinson and myself to the committee. On the rising of the House, the committee having not yet met, I happened to find myself near Governor 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 Great 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 Colonel Harrison on his return from that Congress. Lee, Livingston, and Jay had been the committee for that draught. The first, prepared by Lee, had been disapproved and recommitted. The second was drawn by Jay, but being presented by Governor Livingston, had led Colonel 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 16 Jefferson's Works understand, sir," said he to me, " that this gentleman informed you, that Governor Livingston drew the Address to the people of Great Britain." I assured him, at once, that I had not received that information from Mr. Lee, and that not a word had ever passed on the subject between Mr. Lee and myself; and after some explanations the subject was dropped. 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, and 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 four paragraphs and half of the preceding one. We approved and 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 numility was general; and Mr. Dickinson's delight Autobiography 17 at its passage was the. only circumstance which reconciled them to it. The vote being passed, although further observation 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, and that is the word Congress; " on which Ben Harrison rose and said, " There is but one 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, and myself, were appointed a committee to consider and report on Lord North's conciliatory resolution. The answer of the Virginia Assembly on that subject having been approved, I was requested by the committee to prepare this report, which will account for the similarity of feature in the two instruments. On the l5th of May, 1776, the convention of Virginia instructed their delegates in Congress, to propose to that body to declare the colonies independent of Great Britain, and appointed a committee to prepare a declaration of rights and plan of government. `In Congress, Friday, June 7, 1776. The dele _______________ [(1) Here, in the original manuscript, commence the "two preceding sheets" referred to by Mr. Jefferson, page 26, as containing "notes" taken by him "whilst these things were going on." They are easily distinguished from the body of the MS. in which they were inserted by him, being of a paper very different in size, quality and color, from that in which the latter is written.) vol..1-a. 18 Jefferson's Works gates from Virginia moved, in obedience to instructions from their constituents, that the 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 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 and Monday, the loth, in debating on the subject. It was argued by Wilson, Robert R. Livingston, E. Rutledge, Dickinson, and others that, though they were friends to the measures themselves, and saw the impossibility that we should ever again be united with Great Britain, yet they were against adopting them at this time : That the conduct we had formerly observed was wise and proper now, of deferring to take any capital step till the voice of the people drove us into it : Autobiography 19 That they were our power, and without them our declarations could not be carried into effect: That the people of the middle colonies (Maryland, Delaware, Pennsylvania, the Jerseys and New York) were not yet ripe for bidding adieu to British connection, but that they were fast ripening, and, in a short time, would join in the general voice of America : That the resolution, entered into by this House on the l5th 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, and consequently no powers to give such consent : That if the delegates of any particular colony had no power to declare such colony independent, certain they were, the others could not declare it for them; the colonies being as yet perfectly independent 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, and those of the Jerseys and Delaware counties would meet on the Monday following, and it was probable these bodies would 20 Jefferson's Works take up the question of Independence, and would declare to their delegates the voice of their state : That if such a declaration should now be agreed to, these delegates must retire, and 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 and 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, and 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: Autobiography 21 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 and 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, and our Declaration of Independence 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, Withe, 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 Independence, 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 always been independent of them, their restraints on our trade deriving efficacy from our acquiescence only, and not from any rights they 22 Jefferson's Works possessed of imposing them, and that so far, our connection had been federal only, and 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 last 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 and protection are reciprocal, the one ceasing when the other is withdrawn : That James the Second never declared the people of England out of his protection, yet his actions proved it, and 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 and 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 Autobiography 23 the Lord Mayor, Aldermen and 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 favor of the measure, though 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 l5th of May has proved this, which, raising the murmurs of some in the colonies of Pennsylvania and Maryland, called forth the opposing voice of the freer part of the people, and 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 and connections, and 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 24 Jefferson's Works 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 and 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 and 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, and therefore we had better propose an alliance while our affairs wear a hopeful aspect : That to wait the event of this campaign will Autobiography 25 certainly work delay, because, during the summer, France may assist us effectually, by cutting off those supplies of provisions from England and 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, and calling our enemy to the defense 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 payment of taxes: And that the only misfortune is, that we did not enter into alliance with France six months sooner, as, besides opening her ports for the vent of our last year's produce, she 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 New 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 1st ; but, that this might occasion as little delay as possible, a committee was appointed to 26 Jefferson's Works prepare a Declaration of Independence. The committee were John Adams, Dr. Franklin, Roger Sherman, Robert R. Livingston, and 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 committee of the whole, and 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 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 on either side, and asked leave to withdraw Autobiography 27 from the question; which was given them. The committee rose and reported their resolution to the House. Mr. Edward Rutledge, of South Carolina, then requested the determination 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 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 South 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 favor of the resolution. Members of a different sentiment attending that morning from Pennsylvania also, her vote was changed,. so that the whole twelve colonies who were authorized to vote at all, gave their voices for it; and, within a few days,(l) the convention of New 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 Independence, which had been reported and lain on the table the Friday preceding, and on Monday referred to a committee 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 _______________ [ (1) July 9.] 28 Jefferson's Works 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 though their people had 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, and 4th days of July, were, on the evening of the last, closed; the Declaration was reported by the committee, 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;(l) and 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 _______________ [1 In this publication, the parts struck out are printed in Italics and inclosed in brackets.] Autobiography 29 them with another, and to assume among the powers of the earth the separate and 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 (certain) and] inalienable rights ; that among these are life, liberty, and the pursuit of happi- ness ; that to secure these rights, govern- ments are instituted among men, deriving their just powers from the consent of the governed ; that whenever any form of gov- ernment becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new govern- ment, laying its foundation on such prin- ciples, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. ' Pru- dence, indeed, will dictate that governments long established should not be changed for light and transient causes ; and accord- ingly all experience hath shown that man kind are more disposed to suffer while evils are sufferable, than to right themselves by abolishing the forms to which they are 30 Jefferson's Works customed. But when a long train of abuses and usurpations, [begun at a dis- tinguished 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, and to provide new guards for their future security. Such has been the patient sufferance of these colonies; and such is now the necessity which con strains them to [expunge] their former sys- (alter) tems of government. The history of the present king of Great Britain is a history of [unremitting] injuries and usurpations, (repeated) [among which appears no solitary fact to (all having) contradict the uniform tenor of the rest, but all have] 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 and necessary for the public good. He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained; and, when so suspended, he has utterly neglected to attend to them. Autobiography 31 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, and formidable to tyrants only. He has called together legislative bodies at places unusual, uncomfortable, and dis tant 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 [and 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 remain- ing, in the meantime, exposed to all the dangers of invasion from without and con- vulsions within. He has endeavored to prevent the popu- lation of these states; for that purpose obstructing the laws for naturalization of foreigners, refusing to pass others to en courage their migrations hither, and raising the conditions of new appropriations of lands. 32 Jefferson's Works He has [suffered] the administration of (obstructed) justice [totally to cease in some of these states] (by) refusing his assent to laws for establishing judiciary powers. He has made [our] judges dependent on his will alone for the tenure of their offices, and the amount and payment 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 independent of, and superior to, the civil power. He has combined with others to subject us to a jurisdiction foreign to our consti- tutions and 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 con sent; for depriving us [ ] of the benefits (in many cases) Autobiography 33 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 en- larging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these [states]; for taking away our charters, (colonies) abolishing our most valuable laws, and altering fundamentally the forms of our governments; for suspending our own legis- latures, and declaring themselves invested with power to legislate for us in all cases whatsoever. He has abdicated government here [with- (by declaring us) drawing his governors, and declaring us out (out of his protection) of his allegiance and protection.] ( and waging war) He has plundered our seas, ravaged our (against us.) coasts, burnt our towns, and destroyed the lives of our people. He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation and tyranny already begun with circumstances of cruelty and perfidy [ ] unworthy the head of a (scarcely paralleled) civilized nation. (in the most barbarous) He has constrained our fellow citizens (ages, and totally) taken captive on the high seas, to bear arms against their country, to become the VOL. I-3 34 Jefferson's Works executioners of their friends and brethren, or to fall themselves by their hands. He has [ ] endeavored to bring on the (excited domestic) inhabitants of our frontiers, the merciless ( insurrection) Indian savages, whose known rule of war (among us and has) fare is an undistinguished destruction of all ages, sexes and conditions [of existence]. [He has incited treasonable insurrections of our fellow citizens, with the allurements of forfeiture and confiscation of our property. He has waged cruel way against human nature itself, violating its most sacred nights of life and liberty in the persons of a distant people who never offended him, captivating and carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither. This piratical wayfare, 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 and sold, he has prostituted his negative for suppressing every legislative attempt to prohibit or to restrain this. execrable commerce. And that this as- semblage 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 Autobiography 35 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 [ ] people [who (free) mean to be free. Future ages will scarcely believe that the hardiness of one man adven- tured, within the short compass of twelve years only, to lay a foundation so broad and so undisguised for tyranny over a people fostered and 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 ] jurisdiction (an unwarrantable) over [these our states]. We have reminded them of the circumstances of our emigra- tion and settlement here, [no one of which could warrant so strange a pretension: that these were effected at the expense of our own blood and treasure, unassisted by the wealth or the strength of Great Britain: that in constituting indeed our several forms of gov- ernment, we had adopted one common king, 36 Jefferson's Works thereby Laying a foundation for perpetual league and amity with them: but that sub mission to their parliament was no part of our constitution, nor ever in idea, if history may be credited: and,] we [ ] appealed to (have) their native justice and magnanimity [as (and we have) well as to] the ties of our common kindred (conjured them by) to disavow these usurpations which [were (would inevitably) likely to] interrupt our connection and cor- respondence. They too have been deaf to the voice of justice and 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 har- mony, 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 and foreign mercenaries to invade and 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 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 and of freedom, it seems, is below their dignity. Be it so since they will have it. The road to happi- Autobiography 37 ness and to glory is open to us, too. We will tread it apart from them, and] acquiesce in (We must therefore) the necessity which denounces our [eternal] (and hold them as we) separation [ ]! (hold the rest of mankind,) (enemies in war, in peace friends) We therefore the representatives of ³We, therefore, the representatives of the United States of America in ³the United States of America in General Congress assembled, do in ³General Congress assembled, the name, and by the authority of ³appealing to the supreme judge of the good people of these [states ³the world for the rectitude of our reject and renounce all allegiance ³intentions, do in the name, and by and subjection to the kings of Great ³the authority of the good people of Britain and all others who may ³these colonies, solemnly publish and hereafter claim by, through or under ³declare, that these united colonies them; we utterly dissolve all political ³are, and of right ought to be free connection which may heretofore ³and independent states ; that they have subsisted between us and the ³are absolved from all allegiance to people or parliament of Great Britain: ³the British crown, and that all and finally we do assert and declare ³political connection between them and these colonies to be free and ³the state of Great Britain is, and independent states,] and that as free ³ought to be, totally dissolved; and and independent states, ³that as free they have full power to levy war, ³and independent states, they have conclude peace, contract alliances, ³full power to levy war, conclude establish commerce, and to do all ³peace, contract alliances, establish other acts and things which ³commerce, and to do all other acts independent states may of right do. ³and things which independent states And for the support of this ³may of right do. declaration, we mutually pledge to ³And for the support of this each other our lives, our fortunes, ³declaration, with a firm reliance on and our sacred honor. ³the protection of divine providence, ³we mutually pledge to each other our ³lives, our fortunes, and our sacred ³honor. 38 Jefferson's Works The Declaration thus signed on the 4th, on paper, was engrossed on parchment, and 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 [(1) See Appendix, note B.] Autobiography 39 the two following are of the earlier debates on the Confederation, which I took in like manner.(1)] 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 and 31st of that month, and 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 and all other expenses that shall be incurred for the common defense, 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, and quality, except Indians not paying taxes, in each colony, a true account of which, distinguishing the white inhabitants, shall be triennially taken and transmitted to the Assembly of the United States." Mr. Chase moved that the quotas should be fixed, not by the number of inhabitants of every condition, [(1) The above note of the author is on a slip of paper, pasted in at the end of the Declaration. Here is also sewed into the MS. a slip of newspaper containing, under the head " Declaration of Independence," a letter from Thomas M'Kean, to Messrs. William M'Corkle & Son dated "Philadelphia, June 16, 1817." This letter is to be found in the Port Folio, Sept. l817, p. 249.] 40 Jefferson's Works but by that of the "white inhabitants." He admitted that taxation should be always 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 and 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 always 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 the same surplus in slaves. There is no more reason, therefore, for taxing the Southern States on the farmer's head, and on his slave's head, than the Northern ones on their farmer's heads and the heads of their cattle; that the method proposed would, therefore, tax the Southern States according to their numbers and 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, and that they have no more interest in it. Autobiography 41 Mr. John Adams observed; that the numbers of people were taken by this article, as an index of the wealth of the State, and 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 Iaboring 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 laborers on 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 laborers add as much wealth annually to the State, increase its exports as much in the one case as the other. Certainly five hundred freemen produce no more profits, no greater surplus for the payment of taxes, than five hundred slaves. Therefore, the State in which are the laborers called freemen, should be taxed no more than that in which are those called slaves. Suppose, by an extraordinary operation of nature or of law, onehalf the laborers 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 laborers which produces the surplus for taxation, and numbers, therefore, indiseriminately, are the fair index of wealth; that it is 42 Jefferson's Works the use of the word " property " here, and its 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 laborers in his country, and proportionably to its profits and abilities to pay taxes; if he buys from his neighbor, it is only a transfer of a laborer from one farm to another, which does not change the annual produce of the State, and therefore, should not change its tax : that if a Northern farmer works ten laborers on his farm, he can, it is true, invest the surplus often men's labor 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 laborer might be called the wealth of his employer; but as to the State, both were equally its wealth, and should, therefore equally add to the quota of its tax. Mr. Harrison proposed, as a compromise, that two slaves should be counted as one freeman. He affirmed that slaves did not do as 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 laborer in the Southern colonies being from Autobiography 43 #L8 to #L12, while in the Northern it was generally #L24. Mr. 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 defense, which would of course f all so much the heavier on the Northern : that slaves occupy the places of freemen, and eat their food. Dismiss your slaves, and freemen will take their places. It is our duty to lay every discouragement on the importation of slaves ; but this amendment would give the just trium liberorum to him who would import slaves : that other kinds of property were pretty equally distributed through all the colonies : there were as many cattle, horses and sheep, in the North as the South, and South as the North; but not so as to slaves : that experience has shown that those colonies have been always able to pay most, which have the most inhabitants, whether they be black or white ; and the practice of the Southern colonies has always been to make every farmer pay poll taxes upon all his laborers, 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 gen- 44 Jefferson's Works erally, 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. Witherspoon was of opinion, that the value of lands and 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, and 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 always 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, and related to the moneys heretofore emitted: whereas we are now entering into Autobiography 45 a new compact, and therefore stand on original ground. August 1. The question being put, the amendment proposed was rejected by the votes of New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, and Pennsylvania, against those of Delaware, Maryland, Virginia, North and 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, August 1. Present forty-one members. . Mr. Chase observed 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 f or 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 and independence, 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 46 Jefferson's Works 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, and 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 and 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 Autobiography 47 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, and lessen its importance ; because it will open to our view future prospects of war and dissension among ourselves. If an equal vote be refused, the smaller States will become vassals to the larger ; and all experience has shown that the vassals and subjects of free States. are the most enslaved. He instanced the Helots of Sparta, and 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 48 Jefferson's Works bargain with each other, and, of course, had a right to vote as individuals. That in the East India Company they voted by persons, and 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, and, 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 co-ordinate; that is, of things similar, and 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 and a federal union. The union of England was an incorporating one; yet Scotland had suffered by that union; for that its inhabitants were drawn from it by the hopes of places and 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 onefortieth 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 Autobiography 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 and 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 its 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 #L50, B. #L500, C. #Ll000 in partnership. Is it just they should equally dispose of the moneys 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 and 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 vol. 1-4 Jefferson's Works the larger. Virginia, Pennsylvania, and Massachusetts, are the three greater colonies. Consider their distance, their difference of produce, of interests and of manners, and 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 Island, from its relation, similarity and intercourse, will generally pursue the same objects with Massachusetts; Jersey, Delaware and Maryland, with Pennsylvania. Dr. 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 Autobiography 51 render every fear of their combining visionary. Their interests are different, and their circumstances dissimilar. It is more probable they will become rivals, and 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, and to encourage the increase of their free inhabitants. Mr. Hopkins observed, there were four larger, four smaller, and four middle-sized colonies. That the four largest would contain more than half the inhabitants of the confederated States, and 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; and 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 52 Jefferson's Works 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 and 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 Queen 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 and 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, Autobiography 53 Pennsylvania and Massachusetts, and which will not also be for the interest of the other States.(1) These articles, reported July 12, '76, were debated from day to day, and time to time, for two years, were ratified July 9, '78, by ten States; by New Jersey on the 26th of November of the same year, and by Delaware on the 23d of February following. Maryland alone held off two years more, acceding to them March 1, ' 81, and thus closing the obligation. Our delegation had been renewed for the ensuing year, commencing August 11; but the new government was now organized, a meeting of the legislature was to be held in October, and I had been elected a member by my county. I knew that our legislation, under the regal government, had many very vicious points which urgently required reformation, and I thought I could be of more use in forwarding that work. I therefore retired from my seat in Congress on the 2d of September, resigned it, and took my place in the legislature of my State, on the 7th of October. On the llth, I moved for leave to bring in a bill for the establishment of courts of justice, the organization of which was of importance. I drew the bill; it was approved by the committee, reported and passed, after going through its due course. On the 12th, I obtained leave to bring in a bill declaring, tenants in tail to hold their lands in fee _______________ [(1) Here terminate the author's notes of the " earlier debates on the confederation," and recommences the MS. begun by him in l821.] 54 Jefferson's Works 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 distinet 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 counselors of State ; the hope of which distinction devoted the whole corps to the interests and 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, and scattered with equal hand through all its 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, Autobiography 55 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 and 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 maneuvers, skirmishes in detail, and the recovery of small advantages which, little singly, were important all together. 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 and benevolent of men, the kindest friend, the most amiable and 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 Jefferson's Works it by the introduction of four words only, " if either party choose." 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 Sir 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 Autobiography 57 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 liúe 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 and Robert Carter Nicholas; honest men, but zealous 58 Jefferson's Works churchmen. The petitions were referred to the committee of the whole house on the state of the country; and, after desperate contests in that committee, almost daily from the llth of October 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 committee of November 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 Autobiography particular object, going over to the advocates of a general assessment,) we could only obtain a suspension from session to session until '; g, 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 although, 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 originally been 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 waters. Now they had crossed the Alleghany ; and the centre 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 and many other of the public functionaries, the established place for the sessions of the legislature, and the magazine of our military stores ; and its 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 60 Jefferson's Works saving either persons or things. I had proposed its removal so early as October, '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 and 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 theater 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 con Autobiography 61 stant 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.(l) 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 November, ' 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, and 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 [1 See Appendix, note A.] 62 Jefferson's Works 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 and 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, and Kings to restrain us from doing right, it should be corrected, in all its parts, with a single eye to reason, and 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 Autobiography 63 favor of ancient 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 and judgment; and when reduced to a text, every w ord of that text, from the imperfection of human language, and its incompetence to express distinctly every shade of idea, would become a subject of question and chicanery, until settled by repeated adjudications; and 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 and 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, and myself. When we proceeded to the distribution of the work, Mr. Mason excused himself, as, being no lawyer, he felt himself unqualified for 64 Jefferson's Works 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, and the criminal law fell of course within my portion, I wished the committee 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 and 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 Autobiography 65 felonies, should be substituted hard labor in the public works, and in some cases, the Lez 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 ancient people ; but the modern mind had left it far in the rear of its advances. These points, however, being settled, we repaired to our respective homes for the preparation of the work. In the execution of my part, I thought it material not to vary the diction of the ancient 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 a foresaids, by ors and by ands, to make them more plain, are really rendered more perplexed and incomprehensible, not only to common readers, but to the lawyers themselves. We were employed in this work from that V O L. 1-5 66 Jefferson's Works time to February, 1779, when we met at Williamsburg, that is to say, Mr. Pendleton, Mr. Wythe and 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 one hundred and twenty-six bills, making a printed folio of ninety 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 dedi-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 Autobiography 67 reason and right. It still met with opposition ; but, with some mutilations in the preamble, it was finally passed; and a singular proposition proved that its 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 its 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 learned 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 68 Jefferson's Works abandonment of self-respect, as, instead of reforming, plunged them into the most desperate and hardened depravity of morals and character. To 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 ancient 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, and. judiciary purposes; and accommodated in their size and distribution to the form and dimensions of the building. Autobiography 69 These were forwarded to the Directors, in 1786, and were carried into execution, with some variations, not for the better, the most important of which, however, admit of future correction. With respect to 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. . Its principle, accordingly, but not its 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 Pennsylvania, where labor on the highways had been tried, without approbation, from 1786 to 89, and had been followed by their Penitentiary system on the principle of confinement and labor, which was 70 Jefferson's Works 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 and manslaughter, preserved in my bill, they introduced the new terms. of murder in the first and second 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.' The acts of Assembly concerning the College of William and Mary, were properly within Mr. Pendleton's portion of our work; but these related. chiefly to its revenue, while its constitution, organization and scope of science, were derived from its 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. lst. Elementary schools, for all children generally, rich and poor. 2d. 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 _______________ [1 See Appendix, note E.] Autobiography 71 easy circumstances. And, 3d, an ultimate grade for teaching the sciences generally, and 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 twenty-four 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 William and Mary college, to enlarge its sphere of science, and to make it in fact a 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 William and Mary was an establishment purely of the Church of England; the Visitors were required to be all of that Church; the Professors to subscribe its thirty-nine Articles ; its Students to learn its 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 72 Jefferson's Works 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 burden, 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 and 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 gov Autobiography 73 ernment. Nature, habit, opinion have 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 four of these bills, passed or reported, as forming a system by which every fibre would be eradicated of ancient 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 and 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 74 Jefferson's Works 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 William and 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 and Oriental languages, and substituting a professorship of Law and 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 and Nations, and the Fine Arts to the duties of the Moral professor, and Natural History to those of the professor of Math