CHAPTER II.

THE DECLAration of independence-service in state legislature.

N the 15th of May, 1776, the delegates of Virginia in the Congress were instructed to propose a declaration that the colonies be independent of the dominion of Great Britain. On June 7th the delegates complied with their instructions, but other business being before the Congress, the subject was laid over until another day. On Saturday, June 8th, it was taken into consideration, the house resolving itself into a committee of the whole for discussion. Two days were devoted to the question, in which was developed the fact that certain of the delegates, though friends to the measure, and believing it impossible again to unite with Great Britain, were themselves opposed to immediate action. Besides, the provinces of New York, New Jersey, Pennsylvania, Delaware, Maryland, and South Carolina, were not yet ripe for such declaration, and had not so advised their delegates. It was therefore thought prudent to postpone a final decision until July 1st. That there might be as little delay as possible, a committee, consisting of John Adams, Benjamin Franklin, Roger Sherman, Robert R. Livingston, and Thomas Jefferson, was appointed to prepare a declaration of independence.

At this time the provinces had not confederated; some had instructed their delegates to take no part in such declaration, and to precipitate the question would cause such to withdraw from the Congress, while hasty action might turn them against the formation of a union. Under these circumstances prudent counsels were advisable. Very many considerations were to be weighed. It might be that England would cede Canada to France to secure her assistance or neutrality; Spain had reason to fear the growing power of the American colonies, and might enter into treaty with England to preserve her southern possessions. The promulgation of a declaration of independence might precipitate ruin and death upon every member concerned, and consign his family to poverty and contumely. With all these

adverse influences to face, the men who boldly determined on carrying through their resolution, come what would, have never received the honor that is justly their due.

The original manuscript of the document prepared was wholly in the handwriting of Mr. Jefferson, who had in several places erased and interlined with the object of making it plain and directly to the point. Other corrections and changes were made by Dr. Franklin and Mr. Adams, before the declaration was adopted. The signing of the declaration of independence was accomplished July 4, 1776, every member taking part in the proceedings affixing his name, with one exception. The person declining to sign the document was Mr. Dickinson.

In a letter to Samuel A. Wells, bearing date May 12, 1819, Mr. Jefferson gives his recollections of the incidents preceding and attending the signing of the declaration, taken from notes, prepared by himself during the discussion, and fully written out on the conclusion of the convention.

He says:

"Friday, June 7th. The delegates 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 10 o'clock. Saturday, June 8th, 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 in debate. 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 awhile 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 prepare a declaration of independence. The committee were John Adams, Dr. Franklin, Roger Sherman, Robert R. Livingston, and Thomas Jefferson. This was reported 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, Mary

land, 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 from the question, which was given them. The committee rose and reported their resolutions to the house. Mr. 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 fresh 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 votes for; and within a few days the convention of New York approved of it, and this supplied the void occasioned by the withdrawing of their delegates from the vote."

This vote was on the original motion made by the delegates from Virginia, on the 7th of June, that Congress should declare the colonies independent, and no longer under allegiance to Great Britain.

"Congress proceeded, the same day, to consider the declaration of independence, which had been reported and laid on the table the Friday preceding, and on Monday referred to a committee of the whole. The pusilanimous idea, that we had friends in England worth keeping terms with, still haunted the minds of many. For this reason, those passages which conveyed censures on the people of England were struck out, lest they should give them offence. The debates having taken up the greater part of the second, third, and fourth days of July, were, in 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."

Thus far Mr. Jefferson's notes extended. The following was written from his memory of the further events connected with this memorable episode:

"The subsequent signatures of members who were not then present, and some of them not yet in office, is easily explained, if we observe who they were, to wit: that they were of New York and Pennsylvania. New York did not sign till the 15th, because it was not until the 9th (five days

So.

after the general signatures), that their convention authorized them to do The convention of Philadelphia, learning that it had been signed by a minority only of their delegates, named a new delegation on the 20th, leaving out Mr. Dickinson, who had refused to sign, Willing and Humphreys, who had withdrawn, re-appointing the three members who had signed, Morris, who had not been present, and five new ones, to wit: Rush, Clymer, Smith, Taylor, and Ross: and Morris, and the five new members were permitted to sign, because it manifested the assent of their full delegation, and the express will of their convention, which might have been doubted on the former signature of a minority only. Why the signature of Thornton, of New Hampshire, was permitted so late as the 4th of November, I cannot now say; but undoubtedly for some particular reason, which we should find to have been good, had it been expressed. These were the only post-signers, and you see, sir, that there were solid reasons for receiv ing those of New York and Pennsylvania, and that this circumstance in no wise affects the faith of this declaratory charter of our rights, and of the rights of man."

To Richard Henry Lee, who, with Washington and Patrick Henry, represented the province of Virginia in the first continental Congress, belonged the right of preparing the draft of the declaration of independence. Virginia instructed her delegates at the session held in September, 1775, to present a resolution declaring the colonies independent of England. On the 7th of June, 1776, Mr. Lee moved "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." Before the subject had been fully discussed and action taken, Mr. Lee was called to his home by the dangerous illness of some members of his family. When the committee was appointed to frame a declaration of independence, to Thomas Jefferson, as its chairman, was accorded that honor. Immediately after the passage of that act, Jefferson sent a letter to Mr. Lee, of which the following is an extract:

"For news, I refer you to your brother, who writes on that head. I inclose you a copy of the Declaration of Independence, as agreed to by the house, and also as originally framed. You will judge whether it is the better or worse for the critics."

On Friday, July 12th, the committee appointed to draft articles of confederation, reported. Debate began on the 22d, and continued from time to time for two years, final ratification by ten states being made July 9. 1778. New Jersey followed November 26th, and Delaware the 23d of February, 1779. Maryland did not accept the articles until March 1, 1781. Mr. Jefferson was returned as delegate to the Congress which met A gust 11, 1781, and occupied his place until September 2d, following, when

he resigned to accept a seat in the Virginia legislature. The new government had become thoroughly settled, and questions he deemed of paramount importance would come before the legislature of his native state. An entire revision of the laws framed under the royal government, and which were not adapted to a republic, was demanded. To this subject he now devoted his energies. The legislature met, and on the 7th of October he was in his seat. On the 11th he moved a bill for the establishment of courts of justice, which were imperatively needed. The motion was adopted, and Mr. Jefferson drew up the bill for their organization, which was reported from the committee, and passed in due course. On the 12th he presented a bill for the abolishment of the system of entail, as tending to the manifest injury of younger children of a few aristocratic families. In effecting this, no injury, no violence, and no deprivation of natural rights would ensue. The bill was combated by friends of the system of aristocracy, who did not wish to see it abolished, and when it was found that the feeling of the house was in favor of the passage of such act, an effort was made so to change its provisions, that instead of positive abolition the tenant in tail might convey it in fee simple if he chose so to do. But the bill for total abolition finally passed.

The first importation of slaves into America, was made by a Dutch ship in 1619. Efforts were, at various times thereafter, made by different persons, for the prohibition of the slave trade, but without avail, as the crown and ministry found in it a profitable business. The war of the Revolution, however, barred further importation for a time, and in 1778 Mr. Jefferson introduced a bill prohibiting such importation in the future, which measure was passed.

The established church was the next system Mr. Jefferson attacked. Virginia had been settled by loyal adherents of king and church, and it was but natural that the religious forms of England should prevail. The grant to Sir Walter Raleigh expressly provided that the laws of the colony should not be against the true Christian faith, now professed in the Church of England." Immediately the colony was able to support a clergy, the province was divided into parishes, each with its minister of the Church of England. A regular stipend was allowed the minister, to be paid in the products of the country, principally tobacco. A parsonage was also furnished, and all the inhabitants were taxed alike for support of the church, whether members of the faith or not. Great intolerance was shown Quakers, whose property was taken from them and they driven from the colony under pain of the enforcement of severe penalties. Gradually other sects gained a foothold, the Presbyterians becoming strong through the eloquence and zeal of their preachers, while the Episcopalians dwindled in number. The ministers of the latter, secure in their place, devoted Sunday only to the instruction of the people, spending the week in their