Leadup to July 4, part 2

Between May 27 and mid-June, Jefferson attended sessions of Congress, but gave most of his attention to his plans for the Virginia Constitution, his thoughts drifting southward to Williamsburg--and to Monticello, where his wife Patsy was suffering through a debilitating pregnancy.

On June 7, however, the focus shifted decisively to Congress. Jefferson's colleague, Richard Henry Lee, acted on instructions from the Virginia Assembly to introduce a resolution of independence. The members appointed a drafting committee to produce an instrument of independence. This included its  most passionate advocate, John Adams; the colonies' most famous figure, Benjamin Franklin; Robert Livingston, scion of one of New York's most powerful political clans; the sensible, phlegmatic Connecticut statesman, Roger Sherman, and Jefferson. His appointment was somewhat surprising: he was the youngest member of the committee, and the least experienced in continental affairs. But he had gained substantial recognition for his powerful pamphlet, A Summary View of the Rights of British Americans, which laid out a thoughtful theoretical case for American self-government. Moreover, he had already manifested the quality that many who met him would comment on: a compelling charisma that drew men to him, and made them feel part of something larger than themselves.

John Adams was not a humble man.  But weeks of jousting with more timid and more skeptical congressmen at Philadelphia had given the canny, crusty New Englander a clear understanding of his liabilities as a spokesman for independence, as well as his strengths.  This is why he knew that the tall, taciturn, red-headed Virginian should be the one to draft the language of the Declaration.  He outlined the causes that impelled him to such a conclusion: “Reason first—You are a Virginian, and a Virginian ought to appear at the head of this business. Reason second—I am obnoxious, suspected and unpopular. You are very much otherwise. Reason third—You can write ten times better than I can.”

Adams's first reason requires some investigation. He did not need to place a Virginian figurehead as the drafter of the document for purposes of sectional balance or appearances; Washington's appointment as General in Chief had accomplished this. And anyway, outside of Congress, few would know, and fewer would care, what particular individual had penned the first draft of the Declaration, or what state he hailed from. Why, then, was it important to place a Virginian "at the head of this business?"

Leadup to July 4, part 1

On 14 May, 1776, Thomas Jefferson returned in Philadelphia to resume his duties as a member of the Continental Congress for Virginia. He did so reluctantly, since it required absenting himself from the Virginia constitutional convention, which he considered much more urgent. Nine days later, he moved to a new residence, the house of Jacob Graff, a bricklayer, on the corner of Market and 7th street, which at this time was several blocks from the center of town, located by itself in the middle of a field. Once settled, he took up what he viewed as his most important task: drafting a constitution for his country--Virginia. 

Jefferson explains why the Virginia legislature failed to pass a gradual emancipation law

26 June 1786: Jefferson writes Jean Nicolas Démeunier to ask him to edit the entry on Virginia in the Encyclopédie:    “M. de Meusnier, where he mentions that the slave-law has been passed in Virginia, without the clause of emancipation, is pleased to mention that neither Mr. Wythe nor Mr. Jefferson were present to make the proposition they had meditated; from which people, who do not give themselves the trouble to reflect or enquire, might conclude hastily that their absence was the cause why the proposition was not made; & of course that there were not in the assembly persons of virtue & firmness enough to propose the clause for emancipation. This supposition would not be true. There were persons there who wanted neither the virtue to propose, nor talents to enforce the proposition had they seen that the disposition of the legislature was ripe for it. These worthy characters would feel themselves wounded, degraded, & discouraged by this idea. Mr. Jefferson would therefore be obliged to M. de Meusnier to mention it in some such manner as this. "Of the two commissioners who had concerted the amendatory clause for the gradual emancipation of slaves Mr. Wythe could not be present as being a member of the judiciary department, and Mr. Jefferson was absent on the legation to France. But there wanted not in that assembly men of virtue enough to propose, & talents to vindicate this clause. But they saw that the moment of doing it with success was not yet arrived, and that an unsuccessful effort, as too often happens, would only rivet still closer the chains of bondage, and retard the moment of delivery to this oppressed description of men. What a stupendous, what an incomprehensible machine is man! who can endure toil, famine, stripes, imprisonment & death itself in vindication of his own liberty, and the next moment be deaf to all those motives whose power supported him thro' his trial, and inflict on his fellow men a bondage, one hour of which is fraught with more misery than ages of that which he rose in rebellion to oppose. But we must await with patience the workings of an overruling providence, & hope that that is preparing the deliverance of these, our suffering brethren. When the measure of their tears shall be full, when their groans shall have involved heaven itself in darkness, doubtless a god of justice will awaken to their distress, and by diffusing light & liberality among their oppressors, or at length by his exterminating thunder, manifest his attention to the things of this world, and that they are not left to the guidance of a blind fatality." 

Jefferson's answers to the charges of the Virginia Assembly

"1st Objection-- That General Washington's information was, that an embarkation was taking place, destined for this state.

"Answer-- His information was, that it was destined for the southward, as was given out at New York. Had similar informations from General Washington and Congress been considered as sufficient ground at all times for calling the militia into the field, there would have been a standing army of militia kept up; because there has never been a time, since the invasion expected in December 1777, but what we have had those intimations hanging over our heads. The truth is, that General Washington always considered as his duty to convey every rumor of an embarkation; but we (for some time past, at least) never thought anything but actual invasion should induce us to the expense and harassment of calling the militia into the field; except in the case of December 1779, when it was thought proper to do this in order to convince the French of our disposition to protect their ships. Inattention to this necessary economy, in the beginning, went far towards that ruin of our finances which followed.

"2d Objection-- Where were the post-riders established last summer?

"Answer-- They were established at Continental expense, to convey speedy information to Congress of the arrival of the French fleet, then expected here. When that arrived at Rhode Island, these expenses were discontinued. They were again established on the invasion in October, and discontinued when that ceased. And again on the first intimation of the invasion of December. But it will be asked, why were they not established on General Washington's letters? Because those letters were no more than we had received upon many former occasions, and would have led to a perpetual establishment of postriders.

"3d Objection-- If a proper number of men had been put into motion on Monday, for the relief of the lower country, and ordered to march to Williamsburg, that they would at least have been in the neighborhood of Richmond on Thursday. "Answer-- The order could not be till Tuesday, because we then received our first certain information. Half the militia of the counties round about Richmond were then ordered out, and the whole of them on the fourth, and ordered not to wait to come in a body, but in detachments as they could assemble. Yet were there not on Friday more than two hundred collected, and they were principally of the town of Richmond.

"4th Objection-- That we had not signals.

"Answer-- This, though a favorite plan of some gentlemen, and perhaps a practicable one, has hitherto been thought too difficult.

"5th Objection-- That we had not look-outs.

"Answer-- There had been no cause to order look-outs more than has been ever existing. This is only in fact asking why we do not always keep look-outs.

"6th Objection-- That we had not heavy artillery on traveling carriages.

"Answer-- The gentlemen who acted as members of the Board of War a twelve-month can answer this question, by giving the character of the artificers whom, during that time, they could never get to mount the heavy artillery. The same reason prevented their being mounted from May 1780 to December. We have even been unable to get those heavy cannon moved from Cumberland by the whole energy of government. A like difficulty which occurred in the removal of those at South Quay, in their day, will convince them of the possibility of this.

"7th Objection-- That there was not a body of militia thrown into Portsmouth, the Great Bridge, and Suffolk.

"Answer-- In the summer of 1780, we asked the favor of General Nelson, to call together the county lieutenants of the lower counties, and concert the general measures which should be taken for instant opposition, on any invasion, until aid could be ordered by the Executive; and the county lieutenants were ordered to obey his call; he did so the first moment, to wit, on Saturday, December the 31, at eight o'clock, A.M., of our receiving information of the appearance of a fleet in the bay. We asked the favor of General Nelson to go down, which he did, with full powers to call together the militia of any counties he thought proper, to call on the keepers of any public arms or stores, and to adopt for the instant such measures as exigencies required, till we could be better informed.

"Query-- Why were not General Nelson, and the brave officers with him, particularly mentioned?

"Answer-- What should have been said of them? The enemy did not land, nor give them an opportunity of doing what nobody doubts they would have done; that is, something worthy of being minutely recited.

"Query-- Why publish Arnold's letter without General Nelson's answer?

"Answer-- Ask the printer. He got neither from the Executive.

"Objection-- As to the calling out a few militia, and that late.

"Answer-- It is denied that they were few or late. Four thousand and seven hundred men (the number required by Baron Steuben) were called out the moment an invasion was known to have taken place, that is on Tuesday, January 2.

"Objection-- The abandonment of York and Portsmouth fortifications.

"Answer-- How can they be kept without regulars, on the large scale on which they were formed? Would it be approved of to harass the militia with garrisoning them?"

From Marie Kimball, Jefferson, War and Peace, 1776 to 1784, 248-250.

Jefferson learns he is being investigated by the Virginia House of Delegates for misconduct

Archibald Cary

Archibald Cary to Jefferson, 19 June 1781: “You must have heard that Nelson is your successor [as Governor].” Russia and Austria have offered to mediate between the US and Britain.  “At length the Assembly are giving Ample Powers to the Executive. The Bill for that purpose stands for a Committee of the Senate this day and will Pass. It is what that body have long Wished. A Bill has Passed both Houses for establishing Martial Law 20 Miles round both Armys.”

“So Much for Assembly but I must give you one more peice of News respecting your Self. An Address was ready to be offered the Senate to you. What Can you think Stopt it? George Nicholas made a Motion in the Delegates House for an Inquire into your Conduct, a Catalogue of omissions, and other Misconduct. I have not Seen the Particulars. Your Friends Confident an Inquire would do you Honor Seconded the Motion. I presume you will be Serv’d with the order. As this Step was Taken I persuaided Winston not to make his Motion; I had heard something of this Kind was to be brought on the Carpit, and If I know you, it will Give you no pain.” PTJ 7:96-97  

Va. House of Delegates, 6.18.1781

“The Speaker laid before the House a letter from the Honorable Major General Marquis La Fayette, respecting the present state and movements of the army under his command, which was read and ordered to lie on the table.
  “The Speaker laid before the House a letter from John Walker, Esq; respecting his endeavors for the removal and security of certain public stores, which was read, and ordered to be referred to the Committee of the whole House on the state of the Commonwealth.”(Journal 1781, p. 31)

6.18.1781: Monroe to Jefferson

Monroe to TJ, Fredericksburg:  “I hope…that neither yourself nor Mrs. Jefferson have sustaind injury from these obtrusions of the enemy. In former I advis’d you I would not stay at home in the present state of the country and should be happy to bear some post in her defence. For that purpose I sate out to join the Marquis’s army to act in any line either himself or Council would employ me in."