CHAP. v.]

EFFECTS OF THE DECLARATION.

191

tate-others, as impolitic at any period, or inherently improper. Most of the first, like Mr. Dickinson, gave up their individual views and determined to share the fate of their countrymen. Many of the second class undoubtedly did the same.

But others

turned back into decided loyalism, and fled to Great Britain or some of its possessions, or remained in the land of their birth to inflict and to suffer those dire extremities of hate, which rendered the struggle between the American Whigs and American Loyalists one of the most ferocious and relentless on the record of wars between civilized men-far more ferocious and relentless even than that waged between the most desperate Whig partisan bands, aggregated by misery and despair, and under the control of no regular officers, and the most depraved and brutal scum of the British armies.

With a large majority of the American rural population, even in the most loyally affected districts-with the middle classes in city and country generally--the Declaration was the turning point. The Loyalist was called upon to leave his hearthstone, his property, his neighbor, his brother, and his son -oftentimes his wife and his daughters, who were ready to abjure the parricide. He was called upon to risk his whole property on the chances of a re-subjugation-to risk meeting neighbor, brother, and son in the battle's front-to consort with those among whom he would be compelled to witness, if not to take part in, outrages against his countrymen at which humanity weeps. Few, compared with the whole number of the class mentioned, were determined, were sanguinary enough, to adopt such an alternative. The great body of the open and acting Loyalists, or "Tories," of the Revolution,' were from the two extremes-opulent men who could go where they pleased, or the dregs of society who had no honest ties to bind them, who had old injuries to avenge against the respectable portion of their countrymen, and who, in any event, would take that side in which plunder and licentious indulgence could be best obtained. If the condition of things had been so reversed that American armies were invading and plundering the fields and homesteads and public property of England, these mis

1 We speak now more particularly of those who joined the acting Tories as late as 1776. In the beginning of the struggle, many reputable men of the middle class joined

them.

192

SEAL OF THE UNITED STATES.

[CHAP. V. creants would have been the most indomitable of American soldiers!

To the Patriots, the Declaration gave strength and courage. It gave them a definite purpose-and a name and object commensurate with the cost. When it was formally read by the magistracy from the halls of justice and in the public marts, by the officers of the army at the head of their divisions, by the clergy from their pulpits, its grandeur impressed the popular imagination. The American people pronounced it a fit instrument, clothed in fitting words. The public enthusiasm burst forth-sometimes in gay and festive, sometimes in solemn and religious, observances-as the Cavalier or the Puritan taste predominated. In the Southern and middle cities and villages, the riotous populace tore down the images of monarchs and Colonial governors, and dragged them with ropes around their necks through the streets-cannon thundered, bonfires blazedthe opulent feasted, drank toasts, and joined in hilarious celebrations. In New England, the grimmer joy manifested itself in prayers, and sermons, and religious rites. He who would learn particulars, must go to the pictorial page of Botta, and to contemporary publications.'

Before Congress adjourned, on the 4th of July, it resolved, "That Dr. Franklin, Mr. J. Adams, and Mr. Jefferson, be a Committee to prepare a device for a Seal for the UNITED STATES OF AMERICA." Henceforth, then, the American historian treats of "STATES," and not of "COLONIES."

We had, with no little care, prepared a list of Mr. Jefferson's appointments on committees during that portion of the Congress

1 For the proceedings in Virginia, see Gerardin, p. 140.

Each member of the Committee proposed a device and then combined their ideas, but their report was not adopted. The same thing happened (the appointment of a Committee and a failure to adopt its report) in several subsequent cases, nor was a "device" agreed upon until 178-. Mr. Jefferson proposed, originally (said J. Adams), "the children of Israel in the wilderness, led by a cloud by day and a pillar of fire by night; and on the other side, Hengist and Horsa, the Saxon Chiefs, from whom we claim the honor of being descended, and whose political principles and form of govern ment we have assumed." (Was this another plagiarism?) Jefferson (says an article in Harper's Magazine, July, 1856, exhibiting considerable research on the point) was then requested by his colleagues to "combine their ideas." He did so, and (says the same writer) the paper is in the Secretary of State's office, Washington, in his handwriting. This retained the children of Israel, etc., surrounded by the motto "Rebellion to tyrants is obedience to God." On the other side, the Goddess of Liberty and the Goddess of Justice took the place of Hengist and Horsa as supporters of a shield with six quarterings, denoting the countries (England, Scotland, Ireland, France, Germany and Holland) from which the United States had been peopled. The motto was "E pluribus Unun"from many, one. The crest was "the eye of Providence in a radiant triangle, whose glory should extend over the shield, and beyond the figures," etc. etc.

CHAP. V.]

JEFFERSON ON COMMITTEES.

193

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

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

1 See APPENDIX, No. 3.

POL 1.-13

CHAPTER VI.

1776-1779.

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

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

CHAP. VI.]

JEFFERSON'S DRAFT OF CONSTITUTION.

195

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

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

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

1 Girardin (p. 151, note) preserves the following letter from Mr. Wythe to Mr. Jeffer son on this occasion. It is dated July 27th, 1776:

When I came here the plan of government had been committed to the whole House. To those who had the chief hand in forming it, the one you put in my hands was shown. Two or three parts of this were with little alteration inserted in that; but such was the impatience of sitting long enough to discuss several important points in which they differ, and so many other matters were necessarily to be dispatched before the adjourn ment, that I was persuaded the revision of a subject the members seemed tired of, would at that time have been unsuccessfully proposed. The system agreed to, in my opinion. requires reformation. In October I hope you will effect it."