Papers of Thomas Jefferson. Volume 2 The Papers of Thomas Jefferson, Volume 2: January 1777 to June 1779 9780691184678, 9780691045344

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T H E PAPERS OF

THOMAS

JEFFERSON

THE

PAPERS

OF

Thomas Jefferson V o l u m e 2 • 1777 t o 18 J u n e 1779 I n c l u d i n g the Révisai of the Laws, 1776-1.786 J U L I A N P. B O Y D , LYMAN

H. B U T T E R F I E L D ASSOCIATE

AND

EDITOR MINA

BRYAN,

EDITORS

PRINCETON, NEW

JERSEY

PRINCETON UNIVERSITY 1950

R.

PRESS

Copyright, 1950, by Princeton University Press London: Geoffrey Cumberlege, Oxford University Press ISBN-13: 978-0-691-04534-4 (cloth)

Printed in the United States of America by Princeton University Press, Princeton, New Jersey

DEDICATED TO THE MEMORY

OF

A D O L P H S. OCHS PUBLISHER

OF T H E N E W YORK

TIMES

1896-1935 WHO BY T H E E X A M P L E

OF A

PRESS ENLARGED AND THE JEFFERS ONIAN OF A F R E E

RESPONSIBLE FORTIFIED

CONCEPT

PRESS

F O R E W O R D

T

HIS volume, covering the years 1777 to June 1779, marks the end of Jefferson's legislative career in the Virginia House of Delegates and the beginning of his term as governor. A few comments are necessary by way of amplification of the editorial policies outlined in Volume 1, inasmuch as the present volume embraces the first summaries of documents, the first record entries, and, most important of all, the first notable exception to the chrono­ logical arrangement in this part of the work. Summaries. Letters, memoranda, legislative bills, tabular docu­ ments, enclosures, and other forms of record appearing in these volumes will be summarized if the matter is of slight importance or if the text is readily available elsewhere in print. As indicated earlier, summaries of letters or documents written by Jefferson will be confined to those of a trivial or duplicative nature and will be far less numerous than those of letters or documents written by others. Also, more documents will be summarized during the periods of Jefferson's incumbency of office than for other periods of his life, since such periods naturally produced a greater volume of routine and even trivial documentation. Occasionally, as in the case of the Bill to Enforce Attendance of Members of Assembly and the Bill to Enable Judges of the General Court to Hold Two Additional Ses­ sions (see p. 188-9, below), fairly important documents will be summarized when there is a probability but not a certainty of Jefferson's authorship. Even important letters or documents will be summarized if they were enclosures and if they were not written by Jefferson. An effort is made in these summaries to present in more or less detailed form the substance of the documents and not merely to provide calendar entries. In the fullest degree of summarization, direct quotations from the text will be employed frequently; in the least degree of summarization, an effort will be made to present enough of the substance of a document to enable the reader to form an intelligent opinion of its contents. It is scarcely necessary to point out that any degree of summarization involves the risk of distorting the meaning or misleading the reader through omissions and mis­ interpretations of phraseology; the editors have endeavored to guard against this danger by employing, in many instances, the precise phraseology of the original author. The text of summarized docu[VII]

FOREWORD ments is presented in a smaller type than that used for documents printed in full. Captions are given in the same form as those for documents printed in full, and the descriptive, explanatory, and textual annotation follows the usual pattern. The place and date line of a summarized document is standardized and placed in italics on the left at the beginning of the text instead of occupying a separate line at the upper right. If the original text has no place or date, these, when ascertainable, will be placed within square brackets. For the specialist who wishes to obtain the full text of a document summarized, the descriptive note will give the location of the original document, the number of pages or parts of pages on which handwriting appears, and the location of a printed text, if known. Record Entries. Record entries have the usual caption form, but all other matter in the entry is placed within square brackets, in­ cluding place and date and editorial annotation. A record entry is merely a record of a document known to have been written but not at present located. See, for example, the record entry of Jefferson's letter to Benjamin Harrison of 7 June 1779 (p. 286, below), the manuscript of which was described in an auction sale catalogue of 1904. In all such record entries, the conclusive documentary evidence that originals once existed is given. Occasionally this evidence may even refer to or partially include the substance of the letter or document, and this is always included when available. Record entries will not be supplied for missing letters acknowl­ edged in the replies to such letters; for example, we know from Jefferson's letter to Theodorick Bland of 8 June 1779 (see p. 286, below) that Bland had sent a "letter to Governor Henry of the 1st. instant," but the fact that this letter from Bland to Henry has not been located is stated in the note to Jefferson's acknowledgment of 8 June instead of being noted in a separate record entry under date of 1 June. The Révisai of the Laws. The major part of the present volume is occupied by the Révisai of the Laws, a landmark in the formative period of American law for which Jefferson was the chief architect. It would seem at first glance that this is a departure from the chronological arrangement that the present volumes follow. If this does in fact amount to a departure, it is one that the editors feel is eminently justified. It could be argued, technically at least, that the Révisai as presented in this volume could be construed as a mere "enclosure" to the letter that Jefferson and Wythe addressed to Benjamin Harrison, Speaker of the House of Delegates, on 18 viii

FOREWORD June 1779. For the "two bundles" of bills that constituted the basis for the Révisai were in fact covered by that letter. But, so it seems to the editors, far more substantial and valid reasons justify the inclusion of the Révisai of the Laws here. First of all, many of the bills drafted by Jefferson in the years of his legislative activity from the autumn of 1776 to the middle of 1779 are to be regarded as an integral part of the Révisai, even though many of these bills were drafted and enacted into law inde­ pendent of the program of revision. Some of these individual bills drawn by Jefferson pertain to such important matters as the courts of justice, entails, the Established Church, importation of slaves, naturalization of foreigners, &c. But, as Jefferson later character­ ized it, these bills were "details of reformation only." And, though many of these important statutes were later incorporated in the Révisai that aimed at adapting the entire legal code to the republi­ can form of government, some were not, and all remained for the most part separate instances of Jefferson's integrated purpose. T o have excluded all of Jefferson's legislative bills from the chrono­ logical series on the ground that such documents properly belonged to the legal volume would have been to separate them from their context so violently as to run the grave risk of distorting the record of Jefferson's career in these dynamic years. Obviously such legis­ lative documents as the Declaration of Independence and Jeffer­ son's draft of a Constitution for Virginia, though they are legal documents of the highest importance, belong in the context of 1776. Similarly the Bills for Establishing a Land Office and for Adjusting and Settling Titles and the various bills in which Jef­ ferson presented his far-reaching program of education naturally belong with his most active legislative years. All of these and many more are the subject of discussion in the letters to and from Jef­ ferson printed in the present and preceding volumes. In view of these facts, the editors concluded that it would be wise to present the Révisai of the Laws in the chronologically arranged series of letters and documents of which it seems to form a logical part. Even so, there still remained the troublesome question of the proper chronological point at which the Révisai should be inserted. Some of its bills, as already noted, had been passed prior to 1779; the Report of the Committee of Revisors was not put into print until 1784; and most of the 126 bills embraced in that Report were not adopted until the years 1785-1786. However, the problem pre­ sented by this range of possible dates appeared to be more serious than it actually was. Obviously the Révisai of the Laws could not ix

FOREWORD properly be printed in this series prior to the date of 18 June 1779, for the Committee of Revisors were at work on the revision until that time. Subsequent to that date, no argument for any given chronological point—whether 1784, 1785, or 1786—appeared more valid than for another. While, therefore, the Révisai of the Laws as here presented is in fact far more extensive than the Report of the Committee of Revisors as submitted by Jefferson and Wythe on 18 June 1779, the editors have treated the Révisai as, in effect, an appendage to the communication of that date. In the extended editorial commentary preceding the Révisai of the Laws, and in the annotations provided for each of the bills, the editors have extended the history of this legislative reform far beyond the date of 18 June 1779 and, in some instances, even beyond the year 1786 which marked the terminal point for legislative action on most of the bills in the Révisai.

X

GUIDE

TO

EDITORIAL

APPARATUS 1. TEXTUAL

DEVICES

The following devices are employed throughout the work to clarify the presentation of the text. [. . . ] , [ . . . . ] [. . [. . . . y

[ ] [roman]

[italic] (italic)

One or two words missing and not conjecturable. More than two words missing and not conjectur­ able; subjoined footnote estimates number of words missing. Number or part of a number missing or illegible. Conjectural reading for missing or illegible mat­ ter. A question mark follows when the reading is doubtful. Editorial comment inserted in the text. Matter deleted in the MS but restored in our text. 2. DESCRIPTIVE

SYMBOLS

The following symbols are employed throughout the work to describe the various kinds of manuscript originals. When a series of versions is recorded, the first to be recorded is the version used for the printed text. Dft

Dupl MS N PoC PrC RC SC Tripl

draft (usually a composition or rough draft; later drafts, when identifiable as such, are des­ ignated "2d Dft," &c.) duplicate manuscript (arbitrarily applied to most docu­ ments other than letters) note, notes (memoranda, fragments, &c.) polygraph copy press copy recipient's copy stylograph copy triplicate

All manuscripts of the above types are assumed to be in the hand of the author of the document to which the descriptive symbol pertains. If not, that fact is stated. On the other hand, the followxi

G U I D E TO E D I T O R I A L APPARATUS ing types of manuscripts are assumed not to be in the hand of the author, and exceptions will be noted: FC file copy (applied to all forms of retained copies, such as letter-book copies, clerks' copies, &c. ) Tr transcript ( applied to both contemporary and later copies; period of transcription, unless clear by implication, will be given when known) 3. LOCATION

SYMBOLS

The locations of documents printed in this edition from originals in private hands, from originals held by institutions outside the United States, and from printed sources are recorded in self-ex­ planatory form in the descriptive note following each document. The locations of documents printed from originals held by public institutions in the United States are recorded by means of the sym­ bols used in the National Union Catalog in the Library of Congress; an explanation of how these symbols are formed is given above, Vol. 1 : xl. The list of symbols appearing in each volume is limited to the institutions represented by documents printed or referred to in that volume. CSmH Henry E. Huntington Library, San Marino, California Library of Congress University of Chicago Libraries Boston Public Library Massachusetts Historical Society, Boston William L. Clements Library, University of Michigan, Ann Arbor MoSHi Missouri Historical Society, St. Louis NN New York Public Library NNP Pierpont Morgan Library, New York City NcD Duke University NjS Free Public Library, Summit, New Jersey PHi Historical Society of Pennsylvania, Philadel­ phia P P A P American Philosophical Society, Philadelphia Vi Virginia State Library, Richmond ViHi Virginia Historical Society, Richmond ViU University of Virginia ViW College of William and Mary

DLC ICU MB MHi MiU-C

xii

G U I D E TO E D I T O R I A L APPARATUS ViWC Colonial Williamsburg, Inc., Williamsburg, Virginia WHi State Historical Society of Wisconsin, Madison 4. OTHER

ABBREVIATIONS

The following abbreviations are commonly employed in the annotation throughout the work. T J Thomas Jefferson T J Editorial Files Photoduplicates and other editorial materials in the office of The Papers of Thomas Jefferson, Princeton University Library T J Papers Jefferson Papers (Applied to a collection of manuscripts when the precise location of a given document must be furnished, and always preceded by the symbol for the institutional repository; thus "DLC: T J Papers, 4:628-9" represents a document in the Library of Congress, Jefferson Papers, volume 4, pages 628 and 629.) PCC Papers of the Continental Congress, in the Library of Congress RG Record Group (Used in designating the location of documents in the National Archives. ) 5. SHORT

TITLES

The following list includes only those short titles of works cited with great frequency, and therefore in very abbreviated form, throughout this edition. Their expanded forms are given here only in the degree of fullness needed for unmistakable identification. Since it is impossible to anticipate all the works to be cited in such very abbreviated form, the list is appropriately revised from volume to volume. Biog. Dir. Cong. Biographical Directory of Congress, 1774-1927 Bland Papers The Bland Papers: Being a Selection from the Manuscripts of Colonel Theodorick Bland, Jr. B.M. Cat. British Museum, General Catalogue of Printed Books, London, 1931—. Also, The British Museum Catalogue of Printed Books, 1881-1900, Ann Arbor, 1946. B.N. Cat. Catalogue général des livres imprimés de la Bibliothèque Nationale. Auteurs. Burk-Girardin, Hist, of Va. John Burk, The History of Virginia . . . Continued by Skelton Jones and Louis Hue Girardin xiii

G U I D E TO E D I T O R I A L APPARATUS Burnett, Letters of Members Edmund C. Burnett, ed., Letters of Members of the Continental Congress c & D See Va. Gaz. Cal. Franklin Papers Calendar of the Papers of Benjamin Frank­ lin in the Library of the American Philosophical Society, ed. I. Minis Hays Chancellors' Révisai A Collection of all Such Public Acts of the General Assembly, and Ordinances of the Conventions of Virginia, Passed since the year 1768, as Are Now in Force. . . . Published under Inspection of the Judges of the High Court of Chancery, Richmond, 1785 Clark Papers See George Rogers Clark Papers Clayton-Torrence William Clayton-Torrence, A Trial Bibliog­ raphy of Colonial Virginia (1754-1776); printed as part of Virginia State Library, Sixth Report, 1909 CVSP Calendar of Virginia State Papers . . . Preserved in the Capitol at Richmond Conv. Jour. See Va. Conv. Jour. D &H See Va. Gaz. D&N See Va. Gaz. DAB Dictionary of American Biography DAE Dictionary of American English DAH Dictionary of American History DNB Dictionary of National Biography Evans Charles Evans, American Bibliography Ford Paul Leicester Ford, ed., The Writings of Thomas Jeffer­ son, "Letterpress Edition," N.Y., 1892-1899 George Rogers Clark Papers, 1771-1781; also 1781-1784 George Rogers Clark Papers, ed. James A. James, Illinois State Historical Library, Collections, v i i i , x i x HAW Henry A. Washington, ed., The Writings of Thomas Jef­ ferson, Washington, 1853-1854 Heitman Francis B. Heitman, Historical Register of Officers of the Continental Army, new edn., Washington, 1914; also the same compiler's Historical Register and Dictionary of the United States Army [1789-1903], Washington, 1903 Hening William W . Hening, The Statutes at Large; Being a Col­ lection of All the Laws of Virginia Jcc Journals of the Continental Congress, 1774-1789, ed. W . C. Ford and others, Washington, 1904-1937 J H B Journals of the House of Burgesses of Virginia, 1619-1776, Richmond, 1905-1915 xiv

G U I D E TO E D I T O R I A L APPARATUS Journal of the House of Delegates of the Commonwealth of Virginia (cited by session and date of publication) Johnston, "Jefferson Bibliography" Richard H. Johnston, "A Con­ tribution to a Bibliography of Thomas Jefferson," Writings of Thomas Jefferson, ed. Lipscomb and Bergh, xx, separately paged following the Index L & B Andrew A. Lipscomb and Albert E. Bergh, eds., The Writ­ ings of Thomas Jefferson, "Memorial Edition," Washington, 1903-1904 L.C. Cat. A Catalogue of Books Represented by Library of Con­ gress Printed Cards, Ann Arbor, 1942-1946; also Supple­ ment, 1948 Library Catalogue, 1783 Jefferson's MS list of books owned and wanted in 1783 (original in Massachusetts Historical Society) Library Catalogue, 1815 Catalogue of the Library of the United States, Washington, 1815 Library Catalogue, 1829 Catalogue. President Jefferson's Li­ brary, Washington, 1829 OED A New English Dictionary on Historical Principles, Oxford, 1888-1933 Official Letters Official Letters of the Governors of the State of Virginia, ed. H. R. Mcllwaine p &D See Va. Gaz. PMHB The Pennsylvania Magazine of History and Biography Randall, Life Henry S. Randall, The Life of Thomas Jefferson Randolph, Domestic Life Sarah N . Randolph, The Domestic Life of Thomas Jefferson Report Report of the Committee of Revisors Appointed by the General Assembly of Virginia in MDCCLXXVI, Richmond, 1784 Sabin Joseph Sabin and others, Bibliotheca Americana. A Dic­ tionary of Books Relating to America Shepherd Samuel Shepherd, The Statutes at Large of Virginia, from October Session 1792, to December Session 1806, In­ clusive . . . (New Series,) Being a Continuation of Hening Swem, "Va. Bibliog." Earl G. Swem, "A Bibliography of Vir­ ginia," Virginia State Library, Bulletin, v i i i , x, xii (19151919) TJR Thomas Jefferson Randolph, ed., Memoir, Correspondence, and Miscellanies, from the Papers of Thomas Jefferson, Char­ lottesville, 1829 JHD

[XV

G U I D E TO E D I T O R I A L APPARATUS Tucker, Life George Tucker, The Life of Thomas Jefferson, Philadelphia, 1837 Tyler, Va. Biog. Lyon G. Tyler, Encyclopedia of Virginia Biog­ raphy Va. Conv. Jour. Proceedings of the Convention of Delegates . . . in the Colony of Virginia (cited by session and date of publi­ cation ) Va. Council Jour. Journals of the Council of the State of Virginia, ed. H. R. Mcllwaine Va. Gaz. Virginia Gazette (Williamsburg, 1751-1780, and Rich­ mond, 1780-1781). Abbreviations for publishers of the sev­ eral newspapers of this name, frequently published concur­ rently, include the following: c & D ( Clarkson & Davis ) , D & H (Dixon & H u n t e r ) , D & N (Dixon & Nicolson), P & D (Purdie & Dixon ) . In all other cases the publisher's name is not abbre­ viated. VMHB Virginia Magazine of History and Biography WMQ William and Mary Quarterly

xvi

CONTENTS FOREWORD

vii

GUIDE TO EDITORIAL APPARATUS

xi

From Thomas Nelson, 2 January 3 From John Goodrich, 20 January 4 From Patrick Henry, 26 February 5 Subscription to Support a Clergyman in Charlottesville [February] 6 Subscription to Support a Clerk of the Congregation in Charlottesville [February] 8 From Patrick Henry, 31 March 9 To George Washington [ca. 1 April] 10 Writ of Election for Delegates from Albemarle County, 10 April 10 Receipt for Bounty Money, 15 April 11 From John Harvie [Before 18 April] 11 To George Washington [18 April] 12 To ,18 April 12 From Richard Henry Lee, 29 April 13 Petition from Some Inhabitants of Albemarle County [Before 12 May] 14 Bill for Regulating the Appointment of Delegates to the Continental Congress [12 May] 15 To John Adams, 16 May 18 From Richard Henry Lee, 20 May 20 From John Adams, 26 May 20 Bill to Prevent the Importation of Slaves, &c. [16 June] 22 Election Writ Issued to Sheriff of Fluvanna County, 30 June 24 To Silas Deane, 13 August 25 To Benjamin Franklin, 13 August 26 To John Adams, 21 August 27 From Richard Henry Lee, 25 August 29 List of British Prisoners and Their Quarters in Albemarle County [25 September] 31 Account of Guard for British Prisoners [5 October] 32 From Lucy Chiswell Nelson, 13 October 33 From John Harvie, 18 [October] 34 To Lucy Chiswell Nelson, 24 October 36 xvii

CONTENTS From John Hancock, 25 October From John Harvie [25 October] The Petition of Thomas Johnson and the Resultant Controversy between the House of Delegates and the Senate concerning the Right of the Latter to Amend Money Bills [11 November 1777 to 24 January 1778] I. Petition of Thomas Johnson II. Report of Committee of House of Delegates on Right of Senate to Alter Money Bills III. Reply of Senate to House of Delegates concerning Money Bills IV. Notes on Money Bills V. Communication from House of Delegates to Senate concerning Money Bills VI. Reply of Senate to House of Delegates concerning Money Bills VII. Draft of a Resolution concerning Money Bills VIII. Resolution of the House of Delegates respecting the Claims of Thomas Johnson and Others Notes and Documents relating to the Transylvania and Other Claims for Lands under Purchases from the Indians [19 November] I. Notes of Thomas Burke's Speech before the House of Delegates II. Depositions concerning Claims to Lands under Purchases from the Indians Draft of a Bill to Give the Articles of Confederation the Force of Law [After 15 December] Bill for Dissolving the Vestries of the Parishes of Meherrin and St. Anne [16 December] Bill for Dividing the Counties of Augusta and Botetourt [16 December 1777 to 12 January 1778] Bill Indemnifying the Executive for Removing and Confining Suspected Persons [16-26 December] To John Adams, 17 December Act to Empower the Justices of Cumberland and Fluvanna Counties to Appoint New Places for Holding Their Courts [24 December] Bill concerning Inoculation for Smallpox [27 December] From John Harvie, 29 December Oath of Allegiance Signed by Citizens of Albemarle County List of Militia by Counties xviii

37 37

40 45 46 48 50 54 59 62 63

64 66 68 111 112 113 119 120

121 122 125 128 130

CONTENTS 1 7 7 8; To George Rogers Clark, 3 January Bills for Establishing a Land Office and for Adjusting and Settling Titles [8-14 January] I. Bill for Establishing a Land Office and Ascertaining the Terms and Manner of Granting Waste and Unappropri­ ated Lands II. Bill for Settling Titles to Unpatented Lands Bill for Sequestering British Property [13 January] Draft of a Resolution concerning Money Due British Subjects [ca. 13 January] Bill Appointing the Place for Holding the High Court of Chancery and the General Court [20 January] From Patrick Henry, 21 February From Edmund Randolph, 22 February To Isaac Zane, 26 February From Richard Henry Lee, 2 May From Richard Henry Lee, 3 May From Richard Henry Lee, 11 May Bill Granting Free Pardon to Certain Offenders [13 May] Bill for Raising a Battalion for Garrison Duty [16 May] Bill Establishing a Clerkship of Foreign Correspondence [18 May] Bill Providing Speedy Remedy against Defaulters to the United States [18 May] Bill Empowering the High Court of Chancery to Supply Vacant Offices [19 May] Bill Providing a Supply for the Public Exigencies [20 May] Bill to Amend an Act for Raising a Supply of Money [21 May] Bill to Enforce Attendance of Members of Assembly [26 May] Bill to Enable Judges of the General Court to Hold Two Additional Sessions [27 May] Bill to Attaint Josiah Philips and Others [28 May] To Richard Henry Lee, 5 June To Giovanni Fabbroni, 8 June Enclosure: Estimate of British Casualties and Prisoners To Samuel Henley, 9 June To James Mercer, 14 June From Richard Henry Lee, 16 June From Richard Henry Lee, 23 June To David Rittenhouse, 19 July xix

132 133

139 155 168 171 172 173 173 174 175 176 177 178 179 181 182 183 184 186 188 189 189 194 195 197 198 199 200 201 202

CONTENTS From Richard Henry Lee, 20 July From Rev. James Madison, 26 July From Robert Carter, 27 July From Alexander Purdie, 27 July From Richard Henry Lee, 10 August From John Page, 19 August To Richard Henry Lee, 30 August From John Harvie, 15 September Virginia Troops in Continental Service [30 September] From Richard Henry Lee, 5 October From Cyrus Griffin, 6 October Bill to Amend an Act for Raising a Supply of Money [14 October] To John Hancock, 19 October Bill to Amend the Act Establishing a General Court [27 October] To George Wythe, 1 November Bill for Giving the Members of the General Assembly an Adequate Allowance [12 December]

204 205 206 207 208 210 210 211 213 214 216 217 224 226 229 231

1779 From John Hook, 5 January From Edward Rutledge, 12 February To George Wythe, 1 March From Richard Henry Lee, 15 March To Patrick Henry, 27 March To George Rogers Clark [March or April] From Samuel Stanhope Smith [March?] From George Mason, 3 April Enclosure: Terms of Granting Lands under the Crown From William Phillips, 11 April From William Phillips, 12 April From Samuel Stanhope Smith, 19 April To Richard Henry Lee, 21 April George Rogers Clark to Patrick Henry, 29 April To Gabriel Jones, 29 April To William Phillips [April?] From Richard Henry Lee, 3 May From William Fleming, 10 May From Edmund Pendleton, 11 May From William Fleming, 22 May From Richard Henry Lee, 22 May XX

233 234 235 236 237 246 246 249 251 252 252 252 255 256 260 261 262 264 266 267 270

CONTENTS Bill for the Removal of the Seat of Government of Virginia [29 May] Bill Amending Act for Fixing the Allowance of Members of the General Assembly [31 May] Bill for Allowing Salaries to Certain Officers of Government [May] Bill for Lessening the Evils of Securityship [Before June?] Message Accepting Election as Governor [2 June] From John Page, 2 June To John Page [3 June] Bill concerning Escheats and Forfeitures from British Subjects [4 June] Evan Shelby to Patrick Henry, 4 June [To Benjamin Harrison, 7 June] To Theodorick Bland, 8 June To William Fleming, 8 June To Conrad Alexandre Gérard, 8 June Enclosure: Resolution of General Assembly, 4 June To Benjamin Harrison, 8 June To Charles de Klauman, 12 June From Theodorick Bland, 14 June From John Jay, 16 June Order of Virginia Council Placing Henry Hamilton and Others in Irons, 16 June Inventory of Furniture in the Governor's Palace, 16 June [To Benjamin Harrison, 17? June] To Richard Henry Lee, 17 June To Theodorick Bland, 18 June To the Continental Board of War, 18 June Thomas Jefferson and George Wythe to Benjamin Harrison, 18 June T H E R E V I S A L OF T H E L A W S , 1 7 7 6 - 1 7 8 6 I.

279 285 286 286 288 289 290 290 291 291 292 292 296 297 298 299 300 301 305

325

Catalogue of Bills Prepared by the Committee of Revisors

III.

273 274 275 277 278 279

Plan Agreed upon by the Committee of Revisors at Fredericksburg [13 January 1777]

II.

271

329

Bills Reported by the Committee of Revisors, 18 June 1779

xxi

336

CONTENTS IV.

Appendix 1. Bill Declaring When Laws Shall Be in Force

658

2. Jefferson's Notes of English Statutes

658

3. Jefferson's Notes of Acts of Assembly Adopted October 1777 and May 1778 4. Outline of Bill for Proportioning Crimes and Punishments, &c. 5. Memorandum by Jefferson on Bills to Be Drafted

xxii

661 663 664

ILLUSTRATIONS FACING PAGE JEFFERSON'S SKETCH MAP OF ALBEMARLE COUNTY

208

A map prepared to accompany the Petition from Some In­ habitants of Albemarle County printed in this volume under date of 1 2 May 1 7 7 7 . (Courtesy of the Virginia State Li­ brary. ) DRAFT OF A LETTER TO RITTENHOUSE IN 1778

208

First page of Jefferson's draft of a letter to David Ritten­ house, 1 9 July 1 7 7 8 . (Courtesy of the Library of Congress.) FAIR COPY OF T H E LETTER TO RITTENHOUSE

209

First page of the recipient's copy of the letter reproduced in draft form on the preceding page. ( Courtesy of the Historical Society of Pennsylvania. ) PAGE FROM A DRAFT LETTER WRITTEN BY JEFFERSON TO PATRICK HENRY IN 1 7 7 9

209

This letter, which survives only as a draft, was addressed to Governor Henry, 2 7 March 1 7 7 9 , as an appeal in behalf of the Saratoga Convention prisoners interned near Charlottes­ ville. (Courtesy of the Library of Congress.) PLAN OF WILLIAMSBURG AND THE SURROUNDING COUNTRY IN 1 7 8 1

304

Drawn by Louis-Alexandre Berthier, of General Rochambeau's staff, this Plan is one of a series of MS maps recording the marches and camp sites of the French army in the Yorktown campaign; this one admirably illustrates the streets and buildings of the old capital town as Jefferson knew it. (Cour­ tesy of the Princeton University Library.) TITLEPAGE OF JEFFERSON'S COPY OF THE REPORT OF THE COMMITTEE OF REVISORS

This Report, printed at the instance of James 1 7 8 4 , embodied the Bills submitted by Jefferson leagues to the General Assembly on 1 8 June nearly three years of work in revising the laws (Courtesy of the Library of Congress.)

304

Madison in and his col­ 1 7 7 9 after of Virginia.

EARLIEST PRINTED TEXT OF THE BILL FOR ESTABLISHING RELIGIOUS FREEDOM

xxiii Broadside printed in Williamsburg in the summer of 1 7 7 9 . This is apparently a unique copy of the first printing of the Bill and the earliest text known. (Courtesy of the Boston Public Librarv.)

305

ILLUSTRATIONS JEFFERSON'S OUTLINE FOR HIS BILL FOR PROPORTIONING CRIMES AND PUNISHMENTS

This Outline was developed into one of the most remarkable Bills in the Révisai of the Laws; see Bill No. 64 and Appendix to the Révisai, Part 4. (Courtesy of the Library of Congress.)

305

VOLUME

2

1777 to 18 June 1779

JEFFERSON

CHRONOLOGY

VOLUME

2

1777 January 13. Attended meeting of Committee of Revisors at Fredericksburg. 1777 February. Drew up and subscribed to a subscription to support a clergyman in Albemarle. 1777 April 10. Reelected to House of Delegates for Albemarle county. 1777 May 8-20. Attended House of Delegates. 1777 May 16. Began correspondence with John Adams. 1777 May 28. Son born; died 14 June. 1777 October 30 to 1778 January 24. Attended, with some intervals, House of Delegates. 1778 April 9. Reelected to House of Delegates. 1778 May 12 to June 1. Attended House of Delegates. 1778 June 24. Made observations on eclipse of the sun. 1778 August 1. Mary (Maria) Jefferson, third daughter, born. 1778 November 30. Attended House of Delegates in custody of sergeant-at-arms; in attendance until Assembly adjourned, December 19. 1779 January. Saratoga Convention army came to Albemarle Bar­ racks. 1779 February 24-25. Capture of Fort Vincennes by George Rogers Clark. 1779 April. Reelected to House of Delegates. 1779 May 8. Attended House of Delegates. 1779 June 1. Elected Governor of Virginia; notified and sent message of acceptance, June 2. 1779 June 16. Ordered Henry Hamilton, British commander captured at Vincennes, placed in irons. 1779 June 18. Reported, with Wythe and Pendleton, proposed Ré­ visai of the Laws of Virginia, including the Bills for Proportioning Crimes and Punishments, for the More General Diffusion of Knowl­ edge, for Amending the Constitution of the College of William and Mary, and for Establishing Religious Freedom.

THE

PAPERS

OF

THOMAS JEFFERSON

F r o m Thomas Nelson DEAR JEFFERSON

Baltimore Jany 2d 1777

Colo. Zane delivered your Letters to me in this Town, and as I had it not in my power to execute what you desir'd, I gave them to him and desir'd he would negotiate the Bill and transact the other business, which he promis'd to do. Our affairs have had a black appearance for the two last months, but they say the Devil is not so black as he is painted. W e have at last turn'd the Tables upon those Scoundrels by surprize, as you will see by the enclos'd paper. It was very unfortunate for us, that Ewing and Cadwalader could not get over the River, for it is almost certain, that they would have surprized a large Detach­ ment of Hessians at Mount Holly, and most probably they would have taken the greatest part of them. The Number of prisoners exceeds what the General makes them by 500. He is always very moderate. Could we but get a good Regular Army we should soon clear the Continent of these damn'd Invaders. They play the very Devil with the Girls and even old Women to satisfy their libidinous appetites. There is Scarcely a Virgin to be found in the part of the Country that they have pass'd thro' and yet the Jersies will not turn out. Rapes, Rapine, and Murder are not sufficient to rouse the resentment of these People. If they be not sufficient provocations I dispair of any thing working them up to opposition. Your friends John, Andrew and William Allen are with General Howe; and Dickeson is they know not where, but it is imagined that he is on board the Roebuck. This Gentleman, after giving his Vote repeat­ edly in Congress, for the emission of Continental Money, wrote to his Brother not to receive any of it in payment for his Debts, and his Letter was intercepted by the Council of Safety. W h a t does he deserve? The Aliens have hamm'd themselves finely, for when they went to Howe, there was very little doubt, but he would shortly have 3

-

20 J A N U A R Y 1 7 7 7 been in possession of Philada., as indeed he might, had he play'd his Cards well; but now I am in hopes that will not take place, and that they will be treated as they deserve. There are some of the vilest Rascals in the City and Neighbourhood of Philadelphia that ever existed. The General was informed a few nights ago, that a conspiracy was form'd by some people in Bucks County near his Camp to kidnap him as poor Lee was, but he has more prudence than to be caught in that manner, however the disposition of the Inhabitants of that County appears to be inimical to our cause, which you knew T H O S NELSON J R .

before. Adieu,

You dont like long Letters more than myself. Our little friend Hopkinson has suffer'd greatly by these Free booters; They have destroy'd all his furniture, Cabinet of Curiosi­ ties and his fine Harpsicord, which I am told was the best that ever came to America. You Have little chance for the Tellescope. Old Weatherspoon has not escap'd their fury. They have burnt his Library. It grieves him much that he has lost his controversial Tracts. He would lay aside the Cloth to take revenge of them. I believe he would send them to the Devil if he could, I am sure I would. Thus endeth the postscript. RC (DLC). TJ's L E T T E R S to Nelson not located. There is the following entry in TJ's Account Book for 1776 under 6 D e c : "sold my crop of tobo. ( except 7 hhds. ) to Carter Braxton for Willing & Morris @ 2 0 / pr. C. & reed, for it a bill on Willing & Morris for £50 Pennsylva. curry. = £40 Virga. which I enclosed to T. Nelson by Isaac Zane." O L D W E A T H -

E R S P O O N : John Witherspoon, president of the College of New Jersey. His L I B R A R Y was not wholly destroyed. Several hundred volumes, including many bound volumes of tracts and pamphlets, are in the Princeton University Library. See also G. O. Trevelyan, The American Revolution, London, 1903, pt. n, Vol. n, p. 31.

From John Goodrich SIR

Jany 20th 1777.

I have been confined to a small Room upwards of two months which has much Impaired my health. Your Inquiry the Reason of the Alteration of my confinement will much Oblige me. I have been very 111 Treated by Mr. Jouette Sundry times. Your favour in allow­ ing me to Board at Some Other house in this Place will oblige your J O H N GOODRICH S E N R

Obedient

E S . One George Bruce of the Guard have Sundry times threat4

26 F E B R U A R Y 1777 ned my life, and is extremely Abusefull. Your Notice hereof will Oblige J G RC (DLC). Addressed: "Thomas Jef­ ferson Esqr Present." Endorsed: "Good­ rich's Ire."

John Goodrich, Jr., on behalf of himself and company ( J H D , Oct. 1776,1828 edn., p. 37; MS: Vi, in clerk's hand, corrected by T J ) . Thereafter Goodrich was moved to the home of Nicholas Lewis, where he remained until he escaped, 18 Aug. 1777 (Va. Gaz. [Purdie], 22 Aug. 1777). Goodrich was apprehended short­ ly after his escape and in 1778 was again sent to Charlottesville for im­ prisonment. The following letters relat­ ing to Goodrich's confinement and es­ cape are found in TJ's papers: Margaret Goodrich to Mary Lewis, 12 Aug. 1777 (DLC: TJ Papers, 3: 374); John Good­ rich to Nicholas Lewis, 18 Aug. 1777 (same, 3: 382); John Goodrich to Mary Lewis, 19 Aug. 1777 and enclosure, namely, Goodrich's bill to the colony of Virginia, 10 Aug. 1777 (same, 3: 373, 384). See also Patrick Henry to TJ, 26 Feb., 31 Mch. 1777; List of British Prisoners and Their Quarters, 25 Sep. 1777; Patrick Henry to TJ, 21 Feb. 1778; Edmund Randolph to TJ, 22 Feb. 1778.

John Goodrich and his sons were un­ der frequent consideration by the Vir­ ginia Convention and House of Delegates from 1775 to 1778: first, for payment for powder supplied to the colony by the Goodriches, for which John Goodrich, Sr., was imprisoned by Governor Dunmore, and later for violations of the non­ importation agreement and actions un­ friendly to the American cause ( V M H B , X V [1907-1908], 160-5; Sabine, Loyal­ ists, I , 480-2; Conv. Jour., Dec. 1775, 1816 edn., p. 95-6). TJ first became con­ cerned with the Goodrich affair in his capacity as county lieutenant, when John Goodrich, Andrew McCan, and other prisoners of war were transferred from the Williamsburg jail to Char­ lottesville, 22 July 1776 (Va. Council Jour., I , 81-2). On 2 Nov. 1776 TJ reported for the Committee of Proposi­ tions and Grievances on the petition of

F r o m Patrick H e n r y SIR

Wmsburgh feb 26th. 1777

Mr. Frazer is appointed first Leiutenant instead of Mr. Mossom. The other Appointments of your County remain unaltered. The inclosed Resolution respecting the prisoners will explain the Ideas of the Council Board on that Subject. Thirty pounds cash accompany this. Such of the prisoners as you may judge most in want of Clothes, will be furnished in such man­ ner as you think best. If absolute Necessity calls for more money, you will please to write me. If Goodrich and McCan (if the latter is not a prisoner of W a r ) may both be indulged to the extent of one Mile round Charlottes­ ville upon Bond and Security not to exceed those Limits. But this only in Case you shall be of Opinion no Inconvenience can arise from it. But if no Security can be given, or if given, you shall have any ground to fear unfriendly Behaviour from them, they must be confind under a [Serge]ants Guard. Blank Commissions are sent herewith. W i t h great Regard I am 1

P . HENRY JR.

Sir Yr. mo. obt. hble Svt.,

5

FEBRUARY

RC (DLC). Addressed in a hand oth­ er than Henry's: "Thomas Jefferson Es­ quire. Albermarle." Endorsed: "Gover­ nor's Ire. Feb. 26. 77. about Goodrich & McCann." Enclosure missing. On ver­ so, in TJ's hand, Account of the Guard for British Prisoners (q.v., under 5 Oct. 1777). The

INCLOSED RESOLUTION:

The

1777

merchant ships, be sent to Philadelphia under escort of the Continental recruits from the several counties. For this reso­ lution and other directions covered in the letter, see Va. Council Jour., I , 355; for Goodrich, see John Goodrich to TJ, 20 Jan. 1777. i This word was probably intended to be deleted after the qualification en­ closed in parentheses was added.

or­

der of Council of 26 Feb. that all pris­ oners of war, except marines taken on

Subscription to Support a Clergyman i n Charlottesville [February 1777] Whereas by a late act of General assembly freedom of Religious opinion and worship is restored to all, and it is left to the members of each religious society to employ such teachers as they think fit for their own spiritual comfort and instruction, and to maintain the same by their free and voluntary contributions: W e the subscribers, professing the most Catholic affection for other religious sectaries who happen to differ from us in points of conscience, yet desirous of encouraging and supporting the Calvinistical Reformed church, and of deriving to our selves, through the ministry of it's teachers, the benefits of Gospel knolege and religious improvement; and at the same time of supporting those, who, having been at consider­ able expence in qualifying themselves by regular education for explaining the holy scriptures, have dedicated their time and labour to the service of the said church; and moreover approving highly the political conduct of the Revd. Charles Clay, who, early rejecting the tyrant and tyranny of Britain, proved his religion genuine by it's harmony with the liberties of mankind, and, conforming his public prayers to the spirit and the injured rights of his country, ever addressed the God of battles for victory to our arms, while others impiously prayed that our enemies might vanquish and overcome u s : do hereby oblige ourselves our heirs executors and adminis­ trators to pay to the said Charles Clay of Albemarle his executors or administrators the several sums affixed to our respective names on the 25th day of December next, and also to make the like annual paiment on the 25th. day of December in every year following until we shall withdraw the same or until the legislature shall make other provision for the support of the said Clergy. In Consideration 1

2

3

4

5

6

FEBRUARY 1777 whereof we expect that the said Charles Clay shall perform divine service and preach a sermon in the town of Charlottesville on every 4th. Saturday till the end of the next session of general Assembly and after that on every 4th. Sunday or oftener if a regular rotation with the other churches which shall have put themselves under his cure will admit a more frequent attendance. And we further mutually agree with each other that we will meet at Charlottesville on the 1st. day of March in the present year and on in every year following so long as we continue our subscriptions and there make choice by ballot of three Wardens to collect our said subscriptions to take care of such books and vestments as shall be provided for the use of our church to call meetings of our Congregation when necessary and to transmit such other business relating to our said Congregation as we shall hereafter confide to them. February. 1777. T h : Jefferson, six pounds. Philip Mazzei sixteen shillings & eight pence Randolph Jefferson two pounds ten shillings Nicholas Lewis three Pounds ten Shillings Saml Taliaferro [Twenty?] Shillings Hastings Marks Twenty Shillings Peter Marks Twenty Five Shillings Richard Gaines ten Shillings Lewis Cradock ten Shillings Edward Butler ten Shillings Benjamin Calvert 1 0 / . Richard Moore 1 0 / . John [. . .] 10A S Bryan twenty shillings Thos. Garth Fifteen Shillings James Minor Twenty Shillings William Tandy twenty shillings. Jno Joüet £1.10. Thomas Key 2.0.0 Richd. Anderson 2.0.0 6

7

8

MS (MHi); in an unidentified hand, with autograph signatures. This MS was copied almost literatim, but with one important change (see further on in the present note) from another MS (DLC: TJ Papers, 3: 406); the latter MS is in TJ's hand and contains a shorter list of signatures, all but one of them crossed

:7

out (see note 7, below). Thus the TJ MS served as a draft for the present document, but the draft itself had been temporarily used and then rejected because it provided for "Protestant Episcopalian" services (to be held at the same times, conducted by the same clergyman, &c.) instead of the "Calvin-

FEBRUARY

istical Reformed" services called for in the present subscription paper. Each of these documents by itself is puzzling*; when considered together, part of the puzzle is solved, but questions still remain. They present, of course, TJ's own answer to the question left un­ settled in the Act for Exempting Dis­ senters of 1776, i.e., "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 contribu­ tions" ( TJ's Autobiography, Ford, I , 54; see Hening, I X , 165, and Notes and Pro­ ceedings on Discontinuing the Establish­ ment, 11 Oct. to 9 Dec. 1776, in Vol. 1 ) . TJ obviously preferred leaving "all to voluntary contributions" and in his own parish organized the subscription for the Support

Of

THE

REVD.

CHARLES

CLAY,

the friend and patriot who had preached the Albemarle fast-day sermon in July 1774 (see TJ and John Walker to the Inhabitants of the Parish of St. Anne, printed above under 23 July 1774; and Testimonial to Clay, 15 Aug. 1779, be­ low). Furthermore, TJ not only pledged the largest sum among the subscribers but continued payments for others as well as himself over several years (Ac­ count Books, 9 Mch., 18 Aug. 1778; 28 Apr., 15 Aug. 1779). This, however, does not clear up the question why the subscription was first framed for the support of Protestant Episcopalian serv­ ices and rejected in favor of one in sup­ port of "Calvinistical Reformed" serv­ ices. Since both papers named the same clergyman, it can only be supposed that

1777

Clay in his patriotic ardor proposed to (or temporarily did) withdraw from the Anglican faith in order to enter the Presbyterian or German Reformed min­ istry. The voluminous record of the later friendship of Clay and TJ throws no light on the episode. 1 Deleted in the TJ MS at this point: "a church in our opinion so truly Apos­ tolical as." 2 The TJ MS reads: "Protestant Epis­ copalian." 3 This word not in the TJ MS. 4 The tribute to Clay's patriotism, from "and moreover approving highly" to this point, was interlined in the TJ MS in a minuscule hand. The order of the wording of this passage is different in the TJ MS, but the substance is the same except for an incomplete phrase ( "until we shall with­ draw our subscription in open ves" ) pre­ ceding the long blank in the text. 6 Date in TJ's hand. 7 The five signatures on the TJ MS are those of Th: Jefferson, Jno. Harvie, Randolph Jefferson, Thos. Garth, and Philip Mazzei. All but that of Harvie, who subscribed "Four pounds" for the support of a Protestant Episcopalian clergyman, are crossed out and reappear, pledged for identical amounts, in the subscription as revised. Harvie's name, it will be noted, does not reappear, sug­ gesting that some hope was held out for obtaining the services of an Episcopalian as well as a "Calvinistical" clergyman. This name and sum are in TJ's hand. 5

8

Subscription to Support a Clerk o f the C o n g r e g a t i o n i n C h a r l o t t e s v i l l e [February 1777] W e the Subscribers agree to pay on the 25th. day of December in the present year 1777. and so on the 25th. day of December annually in every year after till we shall notify the contrary in writ­ ing to the Wardens for our Congregation, the sums affixed to our respective names, to such person or persons as by a majority of our Congregation, to be called together by the wardens for that pur­ pose, shall from time to time be appointed to the office of clerk for the said Congregation, to assist the reverend Charles Clay in per-

8]

3 1 MARCH 1777 forming divine service whenever he shall attend at Charlottesville for that purpose. T h : Jefferson thirty shillings. Jno. Harvie twenty Shillings Randolph Jefferson ten shillings Peter Marks Five Shillings MS (DLC); in TJ's hand, with auto­ graph signatures. This subscription was drawn up at the same time as the sub­ scription to support a Protestant Epis­ copalian clergyman, described in the

notes to the preceding document. It ac­ companies that subscription in the TJ Papers and is not separately catalogued in DLC.

F r o m Patrick H e n r y SIR

Wmsburg March 31. 1777.

By the Bearer Lieut. Jas. Meriwether I send two hundred and thirty six pounds 1 6 / . for the recruiting Soldiers in your County and the adjacent ones, to serve in the Battalions of this Common­ wealth. You are to be assisted by Your Field officers in chusing 1 Captain 2 Lieutenants and one Ensign of the most proper persons who have the best chance to raise these Men quickly and deliver them the money I send taking Bond and Security from them to account for the same to me when required. This done they are to proceed to recruit, the Captain 28 the first Lieutenant 20. the 2d. Lieutenant 16 and the Ensign 10. for their Quotas. At the end of 3 Weeks after they get the money they must inform me what suc­ cess they have had, and they will be continued if like to get their Quotas, if not they will be discontinued and others appointed upon your recommendation which please to send after the expiration of the above Time, if the Quotas are not f[illed]. If you cant con­ veniently get all the field officers to assist in the appointments] proceed with any one of them to send out proper persons in the recruiting Business and be sure to let me know their Success at the end of 3 W[eeks] after they get the money. I send but half the Bounty and enlisting may be for a full Company but if more is wanted send by any s[afe?] hand or borrow it by some means and I will send it when called for. I must entreat that [you] Sir and every Gentleman in your County ass[ist] by your Influance and interest in filling [up] this Company without loss of time; and let [me] know by the Bearer how soon you think [it] may be done. The men may be well cloth[ed] here. I am Sr. your hble Servt., P . HENRY JR. 9:

1 APRIL

RC (DLC); in a clerk's hand and signed by Henry. Addressed: "The County Leiutenant of Albemarle." Endorsed

1777

by TJ: "Papers relating" to enlistment of company for Colonial service. April, 1777."

T o George W a s h i n g t o n May it please your Excy.

Albern Virga. [ca. 1 April 1777]

The bearer Horseley enlisted for 2 years in a company raised in this county for one of the Virga. battaFs of 1775. In the winter now past, and before his time was out, he was unfortunate enough to desert from the service. Having had lesure to repent he some time ago made application to me through a third person to advise him what to do. I let him know that (his life being for­ feited) there was no person in this world who could save it but yourself; and that if he would come in I would venture to state the fact to your excellency that he might have all the benefit which a voluntary return to duty and resignation of his life into your hands would give him, and could not help hoping he would obtain your pardon if it could any way square with the rules you may have laid down. He has therefore voluntarily come in and put himself under the care of Capt. Marks of Colo. Lewis's battalion, by whom he will be delivered to you. Having now discharged my promise and re­ turned I hope a good soldier to the use of his country; the residue remains with your excellency to whose decision his fate and my wishes are submitted. I am &c. Dft ( DLC ). Endorsed by TJ: "Wash­ ington, Geni." H O R S E L E Y : TJ left a blank for the insertion of the first name of the bearer, who was possibly John Horsley, son of William and Mary Cabell Horsley (Brown, The Cabells, p. 175-6). From

the context, the letter must have been written in the spring of 1777, probably early in April, because TJ turned over the prisoners of war to Capt. Marks on 31 Mch. to be conducted to Philadelphia with the Continental recruits (List of British Prisoners and Their Quarters, 25 Sep. 1777).

W r i t o f E l e c t i o n f o r Delegates from Albemarle County [10 April 1777] Agréable to an Ordinance of Convention the Freeholders of Albemarle County met at the Court House of the said County on Thursday the Tenth day of April One thousand seven Hundred and Seventy Seven in Order to Elect Delegates to represent this County 10

1 8 APRIL 1777 in General Assembly. Thomas Jefferson and Jno. Harvie Esq. were by the said freeholders chosen as representatives. Given under my Hand and Seal this 10th. day of April 1777. ISAAC DAVIS S H F . MS (Vi). Endorsed: "Albemarle Thos. Jefferson & John Harvie." Another MS (Vi), dated 9 Apr. 1778, and also signed by Isaac Davis, appointed TJ and George Gilmer delegates for Albemarle for the sessions of 1778. ORDINANCE

OF CONVENTION:

i.e.,

the

Constitution for Virginia, 1776, sect, v

and vii (Hening, ix, 114-15), which provided that two delegates be elected to represent each county in the House of Delegates in accordance with the rules for elections which were already in exist­ ence under the act concerning elections passed in 1769 (Hening, vm, 308-9). TJ attended the Assembly 8 May 1777 ( J H D , May 1777, 1827 edn., p. 3 ) .

Receipt for B o u n t y M o n e y April 15. 1777. Received of Thos. Jefferson fifty one pounds four shillings to be given in bounty to such persons as shall enlist with me and I prom­ ise to execute a bond with sufficient security for employing it in J O H N JOUETT J U R

that way. MS (DLC); in TJ's hand, signed by John Jouett, Jr. For instructions to TJ concerning the distribution of bounty money, see Pat-

rick Henry to TJ, 31 Mch. 1777. TJ submitted an account of the distribution of the money on 17 May 1777 (Va. Council Jour., I , 4 1 2 ) .

From John Harvie DEAR SIR

[Before 18 April 1777]

Mr. Strother Jones proposes setting out in a few days for the Continental Army, where he wishes to Contin[ue] if he can Obtain an Appointment near the person of either of the Generals. Gentel and Agréable, he is favour'd with several Letters to Gentlemen of Rank in the Army Yet thinks an Introduction from you to General Washington or to any other General to whom you think proper will have Considerable Influence in his favour. He is restrained by his duty from waiting on you in person with this requisition. I dont deceive you in calling him a very deserving Young Gentleman of the most punctilious Honour whose Resolution is Unquestionable. He has had the Offer of Aid de Camp to Geni. Stephen. His only reason for refuseing of it is that a Good understanding did not formerly Subsist between his father and that General and dislikes being under an Obligation to a man whom his father has not always 11

18 A P R I L 1 7 7 7 treated with the greatest r[esp]ect. I hope you will not think me two Assumeing [and wil]l treat this application as you think [it] merits. I am Sir yr most Obt Servt, J N O HARVIE RC (DLC). MS mutilated. Addressed: "To Colo. Thomas Jefferson By C h r i s ­ tie." On verso: Draft of TJ to George Washington, 18 Apr. 1777. This letter has been dated from the contents of TJ's letter to an unknown correspondent, 18 Apr. 1777, q.v. S T R O T H E R J O N E S was the only brother of Harvie's wife, Margaret Jones (J. A.

Waddell, Annals of Augusta Co., Va., Supplement, Richmond, 1888, p. 3 9 4 ) . H I S F A T H E R : Gabriel Jones, who was, by tradition, a person of "extremely ir­ ritable temper, which, when aroused, expressed itself in the strongest terms he could command, mingled with no lit­ tle profanity" (same, p. 393; see also TJ to Gabriel Jones, 29 Apr. 1779).

T o George W a s h i n g t o n [18 April 1777]

May it please your excellency

The bearer Mr. Strother Jones, son of Mr. Gabriel Jones of Augusta is now about to set out for the Continental army, where he wishes to be so placed as to gain military knolege. An offer of being Aid de camp to Brigadr. Geni. Stephens he thought himself in delicacy obliged to decline, on account of some misunderstanding which had subsisted between that gentleman and his father, tho otherwise he would much have wished for such an appointment. Should his good fortune draw him within the sphere of your excel­ lency's notice, you will find him active, fearless, and of punctilious honour. Perhaps some occasion may arise wherein your Excellency or some of your generals may make an essay of his properties. Assured they will stand any proof [I] shall in such case think myself happy to have had any share in recommending a good sub­ ject to good hands. In the mean time any civilities which you Sir shew him will be acknoleged as obligations to Your Excellency's Most obedt & Most humble servt. Dft (DLC). Written on verso of John Harvie's undated letter to TJ printed under the present date. The date of this letter has been established by its similarity to TJ's letter to

an unidentified correspondent, 18 Apr. 1777, q.v. On 14 May 1777, Washington appointed S T R O T H E R J O N E S captain of Grayson's Additional Continental Regiment ( Washington, Writings, ed. Fitzpatrick, vm, 61; Heitman).

To SIR

Virginia April 18. 1777.

The bearer hereof, Mr. Strother Jones, son to a friend of mine, is now setting out for the American army, to share in the defence 12]

29

A P R I L

1 7 7 7

of his country. He is from nature well-principled for war; bold, honorable and modest: but he is young also, and will need the fatherly hand of some one to lead him thro' the mazes of military delicacy and duty on so large a scale. I feel myself therefore in­ terested in recommending him to your good counsels and offices. I thought myself happy in the little degree of acquaintance I was able to acquire with you while in Philadelphia. It was not sufficient I own to justify my troubling you on any occasion. But the idea you then impressed on me was that from a disposition to do good you would lend your friendly aid to any one deserving it. I am there­ fore induced to recommend the bearer to your patronage in the school of honour, not doubting you will find him grateful of advice and profiting by it. I am Sir W i t h much esteem Your most obedient most humble servt., T H : JEFFERSON RC (MHi); Dft (DLC). There is no indication of the addressee of this letter and, since the copy in-

tended for the recipient is among TJ's papers, it may never have been sent.

F r o m R i c h a r d H e n r y Lee DEAR SIR

Philadelphia April 29th. 1 7 7 7

If I were to consider punctilio more than the suggestions of friendship, I should expect an answer to some of the letters I have written you, before I dispatched another. But I ever hated cere­ monies, and shall not commence ceremony with you. I wish it were in my power to give you any very interesting news, but alas, the slow assembling of an Army prevents any attempt from us upon the enemy, and will furnish them an opportunity of collecting reenforcements from all quarters. The french Ministry assure our Commissioners that few succors can be drawn from Germany, but we find they are endeavoring to supply deficiencies from among the Tories in the States of Connecticut, New York, and New Jersey, where they have secret emissaries in abundance. For these pur­ poses of corruption, it seems that Lord Howe is furnished with a Secretary, who is the greatest Adept in the art of bribing that now lives. I am afraid this Country furnishes too good materials for him to work upon. The plan of the British Court, if they can find Men and money and should not be disturbed by other wars, as it was settled in January last, was to reenforce Carleton and Howe, the latter to enter New England with his whole force for their extermination, whilst the former kept the middle Colonies in awe 13 ;

12 MAY 1 7 7 7 by invading N . York thro the Lakes. Burgoyne with 1 0 , 0 0 0 men chiefly Germans, to attack Virginia and Maryland. The Southern and Middle Colonies to be put under Military Government. This may be relied on as fact, and shews, if it wanted shewing, the just and merciful spi[rit] that animates the Leaders of our Enemies in Council. And I assure you, those that execute in the field are faith­ ful representatives. It is on all hands agreed, that our own Tories are more formidable to us than the British force and that a few Leaders among these, are the Authors of all the mischeif. Quere then, if it becomes not every Legislature to secure against their machinations by the most vigorous and discouraging laws? I realy believe that numbers of our lazy, worthless young Men, will not be induced to come forth into the service of their Country unless the States adopt the mode recommended by Congress of ordering Drafts from the Militia. This may induce the young and lazy to take the Continental bounty, rather than serve for nothing of that sort. If the 8 8 Batallions were once complete, adieu to British Tyranny and every chance for its succeeding. Howes Army still remains on the Heights near Brunswick and Gen. Washington to occupy the Country round him. Farewell dear Sir. Regard me as your affectionate friend, RICHARD H E N R Y L E E tion of Congress recommending* D R A F T S F R O M T H E M I L I T I A was agreed to on 14 Apr. 1777 ( J C C , vn, 262-3). For the ac­ tion of Virginia and Massachusetts re­ garding drafts, see TJ to John Adams, 16 May 1777, and Adams to TJ, 26 May 1777.

RC (DLC). The last letter from Lee to TJ that has been located is that of 3 Nov. 1776. The absence of other letters indicates that perhaps some of the letters which Lee wrote to him were intercepted and that they never reached him. The resolu­

P e t i t i o n f r o m Some I n h a b i t a n t s of Albemarle C o u n t y [Before 12 May 1777] T o the Honourable House of Burgesses and Senators of the com­ mon wealth of Virginia the Petition of sundry Inhabitants and Freholders Situate in the south part of Albemarle county Humbly Sheweth, that your petitioners suffer many and great Hardships and inconveniencys from the Vast extent of said County in Travel­ ing to the Court-house, the greatest part by far of your petitioners have from twenty to Thirty five Miles to the same the Roads ex­ tremely Bad and cannot be made much better as the lands are 14

12 M A Y 17 7 7 Craggy and Mountainous two Rivers and many Creeks that are Rapid which add to the inconveniency and the court-house of the said county set many Miles from the Center to the North part to make the Situation more agréable as the part supposed to be about the Center was Mountainous which your petitioners are Occasion­ ally to get Through on any Emergency the Inconveniencies so great that many of your petitioners become sufferers not having it in their power to Attend to their business without Riding The day before and the day after to Return. For these and other Reasons we [pray to?] have the County divided into two distinct Countys by Running a direct line from the Southwest point of the Louisa line, the Waters of Machunck Creek, to the Fluvanna River at the lower side of Scotts ferry Landing by which Division your petitioners conceive the greatest conveniency to themselves and no Individuals to be prejudiced. The court-house and Town of Charlottsville will answer the same purpose as at present and be near Centrical to the North part of the said County and your petitioners shall ever pray &c. MS ( V i ) , in unidentified hand, signed by 133 individuals, including Wilson Miles Cary, Thomas Napier, John Moore, and John and William Clark. MS en­ dorsed: "Albemarle Petn. for Division of the County. 1777. May 12. Refd. to Propns. &c. (Reasonable) by a line to be run from the most Western point in the Louisa line directly to the lower edge of Scott's ferry. 2d. & 3d. Resolutions." The passage "by a line . . . Scott's ferry" is in TJ's hand. TJ also drew a map (also in Vi) to accompany the petition (see reproduction in this volume). On 12 May the petition was presented to House and referred to the Committee of Propositions and Grievances; the com­ mittee reported favorably next day, and

TJ was appointed to a committee to bring in a bill. Bill was reported 14 May by Nicholas; it was passed 20 May and agreed to by Senate 3 June ( J H D , May 1777, 1827 edn., p. 7, 9, 10, 20, 21, 56). No MS of the Bill has been found, but it is quite probable that TJ drew it; the Act as adopted is in Hening, I X , 325-7. This Act created the new county of Fluvanna, set up courts therein, au­

thorized the governor to appoint the

first sheriff, and erected the parish of Fluvanna from those parts of the par­ ishes of Saint Anne and Fredericksville that lay within the new county. Wilson Miles Cary and Thomas Napier were elected to represent the new county in the House of Delegates; see Election Writ, 30 June 1777, below.

B i l l for R e g u l a t i n g the A