In 1767, Thomas Jefferson, then twenty-four years of age, was "led into the practice of the law at the bar of the General Court" by his friend and mentor, Mr. Wythe. He was the owner of a substantial estate inherited from his father, and he managed the family property of Shadwell, but he had already formed plans for an establishment of his own and begun preparations to build Monticello on the other side of the Rivanna. The only future open to him seemed to be that of any young Virginian of his social class. He occasionally joined them in fox-hunting and attended the races, enjoyed a dance, a concert, and a good play at the theater. The following year was particularly brilliant at Williamsburg. The governor held stately receptions and the Virginian Company of Comedians presented a rich program: "The Constant Couple or a Trip to Jubilee", a farce called "The Miller of Mansfield", "The Beggar's Opera", "The Anatomist or Sham Doctor", besides the ordinary plays of the repertory, were given during the spring and summer of that year. Jefferson had his share of all these social pleasures, together with others, but there were also simpler and more austere occupations. First of all he had to look after his plantation. Agriculture, so long a haphazard and empirical affair, was making great strides in Europe, particularly in England. Treatises on the subject and special magazines were read eagerly in Virginia; the choice of cultures, the improvement of seeds, the introduction of new crops greatly concerned the minds of pro The "Garden Books" kept by Jefferson and now published only in part, reveal him as a forerunner of modern efficiency engineers. Fences, walls, roads and bridges had to be built on the 1900-acre estate left him by his father; trees had to be planted and vegetables raised for the large family at Shadwell, for the slaves and for the many travelers and visitors who continued to drop in. If all the seeds planted in Jefferson's vegetable garden and orchards did well, he must have had an extraordinary variety of produce, considerably larger than is to be found on the best appointed farms of to-day. For he was not satisfied with the staple vegetables which appear on the American table with clocklike regularity; he sowed "salsifia, peppergrass, sorrel, salmon radishes, nasturtium, asparagus, all sorts of lettuce, cresses, celery, strawberries, snap-beans, purple beans, white beans, sugar beans, cucumbers, watermelons, cherries, olive stones, raspberries, turnips", and—horrors!—garlic. He was led into many such experiments by his neighbor and friend Philip Mazzei, formerly of Tuscany and now of Albemarle County, for many of the entries in the Garden Book are in Italian and "aglio de Terracina (vulgo garlic), radiocchio di Pistoia (succory or wild endive), cavolo broccolo Francese di Pisa, fragole Maggese (May strawberries)" and dozens of other imported varieties appear in his garden lists. Then there were the horses, for, true to the Virginia tradition, Jefferson kept no less than half a dozen blood mares of good pedigree. Above all, the regular crops of wheat, corn and especially tobacco had to be looked after; for tobacco was the only crop that could be marketed for solid cash or sent to London to be exchanged for books, furniture, fine clothes, musical instruments, and the choice wines of Europe. As a practical farmer Jefferson was rather successful, since during these early years his land brought him an average return of two thousand dollars. He kept a complete memorandum of all the cases in which he appeared before the courts of Virginia and opposite each case entered the fee received for his professional services. In the old days of the bar, one of the earmarks of most lawyers was a fluency of speech, unsurpassed except perhaps by the ministers. But words never came easily to Jefferson, or in great abundance. His voice, pleasant and modulated in ordinary conversation, "sank in his throat", if raised higher, and became His scorn for oratory, long sentences, images, apostrophes may have been a case of sour grapes, for in his youth he admired tremendously Patrick Henry. As we have seen, he was wise enough not to aim higher than he could reach. Not only did he never crave the fame of the popular orator, but, conscious of his limitations, he always showed a real repugnance to addressing a large assembly. Particularly brilliant in conversation, he was destined to be a committee man, to win his ends by the pen rather than by the silver tongue of the politician. Yet if he had been fond of rhetoric, rhetoric would have found its way into his writings, but no man of the period wrote less figuratively, employed fewer artifices of style; metaphors, comparisons were unknown to him. Ideas remained ideas and were never clad in the flowing garments of mythology; facts remained facts and never became allegories. Liberty never appeared before his eyes and was never represented by him as a goddess, and neither America nor Britannia were majestic figures of heroic size that passed in his dreams. He was neither emotional nor imaginative, yet his eyes were keen and quick to note and establish distinctions between different varieties of plants or animals. His mind was alert and always on the lookout for new facts to add to his store of knowledge, after proper cataloguing. Surely he was not the man to make startling discoveries in the realm of natural history, or to propose a new system of the universe, nor was he one to conceive, in a moment of inspiration, a new political gospel and a new system of society; when he took up the practice of law in Williamsburg, the greatest future that destiny had in store for him, promising as he was, seemed to become as upright and sound He was admitted to the Bar in 1767, and two years later was chosen as a member of the House of Burgesses and placed on the committee appointed to draw up an answer to the Governor's speech. His draft was rejected, however, and Colonel Nicholas' address substituted. The next day—wrote Jefferson—we met in the Apollo of the Raleigh Tavern, formed ourselves into a voluntary convention, drew up articles of association against the use of any merchandise imported from 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 to follow our proceedings. A spirit of discontent was abroad and had spread throughout the colonies, but it was neither disloyalty nor rebellion. Easily satisfied with this gesture, which for many remained a mere gesture, the Virginians paid little attention to public affairs during the next two years. In the words of Jefferson "nothing of particular excitement occurring for a considerable time, our countrymen seemed to fall into a state of insensibility and inaction." His private life was more eventful. The first of February, 1770, the house at Shadwell in which he lived with his mother, his brother and his unmarried sisters, was burnt to the ground, and with it every paper he had and almost every book. On reasonable estimate—he wrote to Page—I calculate the cost of the books burned to have been £200 sterling. Would to God it had been the money, then it had never cost me a sigh. To make the loss more sensible, it fell principally on my books of Common The disaster had not been quite so complete as Jefferson indicates. His "Commonplace Book" was saved, his account books, garden books and many memoranda and family papers escaped the flames and were discovered again in 1851 at the bottom of an old trunk. Another event of quite a different order took place in his life. Jefferson had lost a home, but he was building another, soon to be ready for occupancy, on the hill of Monticello, and he already knew that the house would not be left long without a mistress. On the third day of December, 1771, he filled out a formal application for a marriage license in the court of Charles City County and on the first of January he was married to Martha Skelton, widow of Bathurst Skelton, and daughter of John Wayles, then twenty-three years old. John Wayles of "The Forest" was a lawyer with a large practice, a man of worth if not of eminence, a boon companion welcomed in every society, who had amassed quite a large fortune. His daughter Martha, a true type of Virginia girl, of medium height and well-formed figure, had been well educated and possessed all the social accomplishments of the time. She danced gracefully, played the harpsichord and the spinet, was well read and, above all, was a very efficient housekeeper, for she knew how to man Nor gentle purpose, nor endearing smiles Belinda had been forgotten, and the young woman-hater had found his fair conqueror. But death again took its toll and cast its cloud over Monticello. With Page, Dabney Carr, Jefferson's fellow student at William and Mary, had been his closest friend. Carr, a frequent visitor at Shadwell, had married in 1764 Jefferson's sister Martha. Not a wealthy man, he was described by his brother-in-law as living in a very small house, with a table, half a dozen chairs, and one or two servants, but the happiest man in the universe. Honored by the Royal Government and made by Botetourt "Lieutenant of the County of Albemarle, and Chief Commander of all His Majesty's Militia, Horse and Foot in the said county of Albemarle"; honored also by his Alma Mater and appointed by the President of William and Mary "Surveyor of Albemarle County", An English tourist, Burnaby, traveling in Virginia in 1760, had already noted signs of impatience and restlessness among the colonists of Virginia. "They are haughty," he wrote, "and jealous of their liberties; impatient of restraint and can scarcely bear the thought of being controlled by superior power. Many of them consider the Colonies as independent states, not connected with Great Britain otherwise than by having the same common King." When the delegates from Virginia were sent to the first Continental Congress, Silas Deane noted that "the Virginia, and indeed all the Southern delegates appear like men of importance...they are sociable, sensible, and spirited men. Not a milksop among them." They were aristocrats wont to give orders and resentful of any interference; they were lords and almost supreme rulers on their plantations; they were owners of many slaves and they had been accustomed to call no man master; and Jefferson was one of them. The change in the situation had come very abruptly. It is not the purpose of this book to present an elaborate discussion of the causes of the American Revolution, whether they were economic or political or philosophical, or whether they were of mixed motives, varying with each colony and in each colony with every man, did not impel the colonies to revolt against the mother country. I am aware of the present tendency to attribute most of the agitation preceding the revolution to purely economic causes; it must be remembered however, that, if the ulterior motives of the promoters of the American Revolution were selfish and interested, Jefferson was one of those who were moved by entirely different considerations, as While life was still moving easily and happily in Virginia, where in 1772 the theatrical season had been particularly brilliant, things were coming to a head in New England. News of the Bill closing the Port of Boston on the first of June, 1774, reached the Virginia Assembly during the spring session; how it was received had better be told in the words of Jefferson. As so often happens in history at the decisive turn of events, the leadership was taken by a very small group of men who made up their minds at once, assumed responsibility and changed the course of the ship of state. So far no strong protest had been made by Virginia to the British Government. Dunmore was far from being tyrannical; the order imposing duties on many English products had been largely rescinded, except on tea, but it may not be sacrilegious to state that the Virginia gentry were more partial to French wines, Madeira and Nantes rum than to the English national beverage. If Virginia had not declared at that particular time her solidarity, if Jefferson and his friends had not taken the right steps and found the right words to "arouse the people from the lethargy into which they had fallen", even New England steadfastness and stanchness of heart would have been unequal to the task. It was on this occasion, rather than on the Fourth of July, 1776, that the fate of the British colonies of America was decided. According to Jefferson's own statement, leadership in these subjects was no longer left to the old members of the Assembly, but Patrick Henry, R. H. Lee, F. L. Lee, three or four other members and he himself met in the library after agreeing that they must take "an unequivocal stand in the line with Massachusetts." They decided that the best means of calling the seriousness of the situation to the attention of the public was to appoint a day of general fasting and prayer, quite an unprecedented measure in Virginia; but they rummaged in old The next day Governor Dunmore pronounced the usual English remedy in such circumstances: the dissolution of the Assembly. Once more the members met in the Apollo room, and "they 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 would be convenient, to direct, from time to time, the measures required by the general interest." This passage in the "Autobiography" has led historians into a spirited controversy as to whether the proposal to form a Congress originated in Virginia or in Massachusetts, and whether such a plan had not been discussed in Boston as early as 1770. Whatever the case may be, the most important part of the resolution passed in the Raleigh Tavern was not the establishment of a coÖrdinating organism; it was the declara The deputies went back home and, on the first of June, met the assemblies of the people "to perform ceremonies of the day and to address to them discourses suited to the occasion. The people met generally, with anxiety and alarm in their countenance, and the effect of the day, through the whole colony was like a shock of electricity, arousing every man and placing him erect and solid on his centre." As a result of the train of thought started by the meeting, the freeholders of Albemarle County adopted on June 26 a series of resolutions evidently written by Jefferson. Here for the first time Jefferson declared that: The inhabitants of the several States of British America are subject to the laws which they adopted at their first settlement, and to such others as have been since made by their respective Legislatures, duly constituted and appointed with their own consent. That no other Legislature whatever can rightly exercise authority over them; and that these privileges they as the common rights of mankind, confirmed by the political constitutions they have respectively assumed, and also by several charters of compact from the Crown. The originality of this theory cannot be determined without comparison with the resolutions adopted a few days before by the Assembly of Fairfax County presided over by Colonel George Washington. These came from the pen of George Mason and they stated with equal emphasis the contractual The first article averred the principle also found in Jefferson's "Commonplace Book" that "this colony and Dominion of Virginia cannot be considered as a conquered country, and as it was, that the present inhabitants are not of the conquered, but of the conquerors." It added that: Our ancestors, when they left their native land, and settled in America, brought over with them, even if the same is not confirmed by Charters, the civil constitution and form of Government of the country they came from and were by the laws of nature and nations entitled to all its privileges, immunities and advantages, which have descended to us, their posterity, and ought of right to be as fully enjoyed as if we had still continued with the realm of England. The second article enunciated the most essential and "fundamental principle of government", that the people "could be governed by no laws to which they had not given their consent by Representatives freely chosen by themselves." The third article declared that the colonies had some duty to fulfill towards the mother country and admitted that the British Parliament might, "directed with wisdom and moderation", take measures to regulate "American commerce", although such action was in some degree repugnant to the principles of the Constitution. Whether or not Jefferson had received the Fairfax resolutions before writing the Albemarle declaration, this is the capital difference between the two documents and the two doctrines. On the one hand, George Mason accepted the theory that the first settlers had brought over with them the civil Our other patriots, Randolph, the Lees, Nicholas, Pendleton, stopped at the half-way house of John Dickinson, who admitted that England had a right to regulate our commerce, and to lay duties on it for the purpose of regulation, but not of raising revenue. But for this ground there was no foundation in compact, in any acknowledged principles of colonisation, nor in reason; expatriation being a natural right, and acted on as such by all nations, in all ages. This was really the core of the question. Jefferson had reached that conclusion, not from following a certain line of abstract reasoning, but after studying the history of the Greek colonies in Stanyan, and the history of the Saxon settlement of Great Britain in many authors, as may be seen in his "Commonplace Book", and he was soon to reaffirm the doctrine of expatriation as the fundamental principle on which rested all the claims of the American colonies. The Virginia Convention was to meet at Williamsburg on August 1, to select delegates to a General Congress of the colonies. With all his books at hand, all his legal authorities, the precious "Commonplace Book" and all the repertories he had gathered in his library, Jefferson proceeded to draft a project of instructions for the future delegates. He was taken ill on his way to Williamsburg but forwarded the plan to Peyton Randolph and Patrick Henry. Henry never mentioned it; Randolph informed the convention that he had received such In some respects it is a more original and more important document than the Declaration of Independence itself. With the detailed account of the grievances enumerated by Jefferson we cannot deal here. A few points, however, deserve special attention. The difficulties that had arisen between the colonies and the home government had occasioned the publication of many pamphlets dealing with the situation. Most of Jefferson's predecessors, however, had attempted to define in jure the rights of the British colonies. Thus George Mason had made his "Extracts" from the Virginia charters, "with some remarks on them" in 1773, and he had come to the conclusion already given in the "Fairfax resolves", that "the ancestors of the colonists when they had left their native land and settled in America had brought with them, although not confirmed by Charters, the civil government and form of government of the country they came from." That our ancestors, before their emigration to America, were the free inhabitants of the British Dominions in Europe, and possessed a right which nature has given to all men of leaving the country in which chance, not choice, had placed them, and of seeking out new That their Saxon ancestors had, under this universal law, in like manner, left their native wilds and woods in the North of Europe, possessed themselves of the Island of Britain, then less charged with inhabitants, and established there a system of laws which has been so long the glory and protection of that country. On another and not less important point, Jefferson was indebted to his "Commonplace Book." He had taken great care to determine through historical and judicial authorities the origin of land tenures in the kingdom of England and he had found that in the good old Saxon times, "upon settling in the countries which they subdued, the victorious army divided the conquered lands. That portion which fell to every soldier he seized as a recompense due to his valour, as a settlement acquired by his own sword. He took possession of it as a freeman in full property. He enjoyed it during his own life and could dispose of it at pleasure, or transmit it as an inheritance to his children." It was not until after the fifth century that the king, because as general he was thought fittest to distribute the conquered lands to each according to his merits, assumed to himself and was quietly allowed the entire power of the partition of lands. This abominable system however was not introduced into England before the Norman Conquest, and thus was spread the false notion that all lands belonged to the crown. It is time for us to lay this matter before his Majesty, and to declare, that he has no right to grant lands of himself. From the nature and purpose of civil institutions, all the lands within the limits, which any particular party has circumscribed around itself, are assumed by that society, and subject to their allotment; this may be done by themselves assembled collectively, or by their legislature, to whom they may have delegated sovereign authority; and, if they are alloted in neither of these ways, each individual of the society, may appropriate to himself such lands as he finds vacant, and occupancy will give him title. According to this theory, one of the mainstays of the doctrine of Americanism, of which Jefferson made himself the advocate, is the right of conquest. But here Jefferson would have introduced a distinction borrowed from Lord Kames, for "the northern nations who overran Europe fought not for glory or dominion but for habitation" and invaded only countries which were sparsely populated. This historical and legal demonstration, in which Jefferson had gone back to the very beginnings of Anglo-Saxon society, transcended all contemporary discussions on the Rights of the British Parliament. Jefferson was perfectly aware of its originality and not a little proud of it. It was in his opinion the only orthodox or tenable doctrine—that our emigration from England to this country gave her no more rights over us, than the emigration of the Danes and Saxons gave to the present authorities of the mother country, over England. In this doctrine, however, I have never been able to get any one to agree with me but Mr. Wythe. He concurred in it from the first dawn of the question, What was the political relation between us and England? Once the question was clearly put, Jefferson went at it with the methods used by a lawyer to prove the title to a piece of property. The first point to be settled was to determine who was the legitimate owner of the territory occupied by the American "colonists", the king or the colonists themselves; thus presented, the question became very simple: For it is thought that no circumstance has occurred to distinguish materially, the British from the Saxon emigration. America was conquered, and her settlements made and firmly established, at the expense of individuals, and not of the British public. Their own blood was spilt in acquiring lands for their settlement, their own fortunes expanded in making this settlement effectual. For themselves they fought, for themselves they conquered, and for themselves alone they have a right to hold. This was the keystone of Jefferson's social system at that time. It is not unimportant to note that it was a doctrine that could apply only to Anglo-Saxon colonies, more particularly to American colonies, and not a doctrine susceptible of universal application. Whether or not the principle might also be advanced by other peoples or nations, Jefferson did not state and did not care. His was not a mind to generalize and to extend universally any given principle. For the present, at least, he was satisfied to claim for the American settlers not the rights of man, but the rights of their Saxon ancestors. His position was legal and historical, not philosophical. It was also to some extent an aristocratic position. Since the land was theirs by right of conquest, it almost necessarily It is time for us to lay this matter before his Majesty, and to declare, that he has no right to grant lands of himself. From the nature and purpose of civil institutions, all the lands within the limits, which any particular party has circumscribed around itself, are assumed by that society, and subject to their allotment; this may be done by themselves assembled collectively, or by their legislature, to whom they may have delegated sovereign authority; and, if they are alloted in neither of these ways, each individual of the society may appropriate to himself such lands as he finds vacant, and occupancy gives him title. Thus spoke the pioneer, a pioneer who had studied law and history and could express in clear and forcible terms what the pioneers had felt only confusedly. Unless I am much mistaken, it is the first enunciation of one of the cardinal principles of Americanism; but, as far as Jefferson is concerned, it did not rest upon any political philosophy, either Hooker's or Locke's. The American settlers resumed and resurrected on a new soil the tradition interrupted by Parliamentary and kingly usurpations. By a sort of curious primitivism they renounced their immediate and degraded British forbears to claim as their true ancestors the Saxon conquerors of the British Isles. Can any one imagine anything farther from the theory of Rousseau in the "Discourse on the Origin of Inequality", or in the The best student of William and Mary, the young artist who wanted to make Monticello a thing of beauty, the lover of the literature of Greece and Rome, proclaimed loudly that "our ancestors who migrated hither were laborers, not lawyers." His was not a political philosophy dealing with "fictitious principles", it was the harsh, hard-headed, practical and fierce determination of the pioneer who stakes out a piece of land in the wilderness, ready to hold it against all claim jumpers. The Virginia convention dominated by "Randolph, the Lees, Nicholas, Pendleton" was not ready to go so far as the young master of Monticello. The instructions to the delegates finally adopted and printed in an appendix to Jefferson's own "Autobiography" were exceedingly tame, but his declaration was printed, widely circulated among the people, and even reached England. It was just what was needed to set afire the public mind, for no people will rise, fight and die for an economic doctrine or in defense of its commercial interests. They have to be provided with mottoes which appeal to their imagination, they have to be raised above the ordinary trend of things; they must have a banner, a flag and a battle cry, and such was the object of Jefferson's peroration, which no Pendleton and no Lee could have written: That these are our grievances, which we have just laid before his Majesty, with that freedom of language and sentiment which becomes a free people claiming their rights as derived from the laws of nature, and not as the gift of their Chief Magistrate. Let those flatter, who fear: it is not an American art. To give praise where it is not due might be well from the venal, but it would ill beseem Congress assembled at Philadelphia on September 4, 1774, under the presidency of Peyton Randolph of Virginia and adjourned in October, not without a recommendation "to discountenance every species of extravagance and dissipation, especially all horse racing, all kinds of gaming, cock-fighting, exhibitions of shows, plays and other diversions and entertainments." When the counties organized committees of safety, Jefferson was at the top of the list of appointees in his county. He was again sent to the second convention of Virginia as representative from Albemarle. The convention met in Richmond, March 20, 1775, and it was then that Patrick Henry poured out in a fierce outburst the famous speech ending with the war cry of "Give me liberty or give me death." The resolution to arm passed with a decided majority and a plan of defense was adopted. Collisions threatened between the militia and the regulars on several occasions. But when Lord North's "Conciliatory Proposition" was received, Lord Dunmore convened the House of Burgesses on the first of July to take it into consideration. Peyton Randolph was then recalled from Congress and Jefferson appointed to succeed him. He did not leave, however, before an answer to the proposition had been drafted. The Virginians did not close the door to a compromise, but insisted that the final answer did not depend on them, for they considered that they were "bound in honor as well as interest, to share their general fate with their sister Colonies, and should hold themselves base deserters of that Union to A few days later Lord Dunmore left the city and took refuge on board a man-of-war lying at York, declaring he had taken this step for his safety. Jefferson departed from Williamsburg for Philadelphia on the eleventh of June, 1775, and reached the capital of Pennsylvania on the twentieth. The national rÔle of the young Virginia lawyer and landowner was about to begin. |