CHAPTER XX

_The Declaration of Separation--The Declaration of

Independence--Washington Commander-in-Chief--John Paul Jones Raises

the First Flag--He was First to Raise the Stars and

Stripes--Fredericksburg Furnishes the Head of the Armies and Navy--The

Constitution of the United States, &c._

As stated in the last chapter, we continue in this references to the great

deeds of the great men of Virginia that should be grouped, as we are here

endeavoring to do, in the smallest possible space, and preserved to

perpetuate their memory and honor their descendants through all coming

time. It was Thomas Jefferson, of Albemarle county, a Virginian, who wrote

the Declaration of Independence, that struck the shackles of servitude

from the people of this country, and proclaimed the United Colonies a

new-born nation, free and independent.

JEFFERSON AND THE DECLARATION.

A lineal descendant of Thomas Jefferson, three generations removed, Judge

John E. Mason, thus writes on these subjects, for this publication:

"Some years before the Revolutionary war, the colony of Virginia had

become restless under British dominion. There had been, here and there,

open expressions of discontent, and a growing resentment, if not positive

hostility, against the mother country. In fact, nowhere more than in

Virginia, and especially in this section, had the spirit of independence

more steadily grown; and when the time came for decision and concert of

action by the colonies, public opinion here was ripe to break down the old

barriers, and to resist, with force, the power of England.

"Among those who had taken a most active part in moulding public sentiment

was Thomas Jefferson, who, because of his extreme views in antagonizing

every element of English ideas, and its government as based upon an

aristocracy, has sometimes been called the 'Great Commoner.' Whether he,

more than others, who were upon the stage of action at that time, is

entitled to the name, those who know his history must be the judge; but

certain it is, he was in advance of many of his contemporaries in

developing antagonism to ancient ideas and ancient customs, which were the

pride of the British people.

"On the 6th of May, 1776, the delegates from the counties and cities of

the Colony of Virginia, met in convention at its capitol in Williamsburg,

Edmund Pendleton presiding. During this convention certain resolutions

were reported from committee by Archibald Cary, which were unanimously

adopted by the one hundred and twelve members present. The first of these

resolutions--said to have been proposed by Thomas Nelson, and drawn as

reported by Edmund Pendleton, but no doubt the work of both--after

reciting certain grievances against the mother country, declared that the

'delegates appointed to represent the colony in the General Congress, be

instructed to propose to that respectable body to declare the United

Colonies free and independent States, absolved from all allegiance to or

dependence upon the Crown or Parliament of Great Britain.'

"In Congress, on the 7th day of June, 1776, the gifted Richard Henry Lee,

from this section, in obedience to instructions, offered the same

resolution, which had been adopted by the Virginia Convention--that

Congress should 'declare that the United Colonies are, and of right ought

to be, free and independent States.' This resolution was the precursor of

the formal declaration. It was offered by a Virginian, acting under

instructions given by Virginians, and its answer was the Declaration of

Independence.

"The debate began on this resolution on the 8th of June, but on the 10th,

it having developed that five colonies north of the Potomac were not ready

to vote, the final decision was then postponed until the first day of

July. In the meantime a committee had been elected to draft a Declaration

of Independence. Mr. Lee, the mover of the above resolution, was

unexpectedly called home by the illness of his wife, and was not on the

committee. The committee was not appointed by the presiding officer, but

was elected by ballot by Congress, and Jefferson, having received the

highest number of votes cast, was its chairman. Its work was completed by

the 28th of June. The Declaration of Independence was, on that date,

reported to the House by Jefferson, and was then read and ordered to lie

on the table. The Virginia resolution was carried in the affirmative, in

the Committee of the Whole July 1st. On the 2nd day the Declaration of

Independence was taken up and debated each day until the fourth, when it

was adopted. It will be observed that the Declaration was completed before

Congress had adopted the Virginia resolution.

"The committee, elected to draft the Declaration of Independence,

consisted of Thomas Jefferson, John Adams, Benjamin Franklin, Roger

Sherman and Robert R. Livingston. Mr. Jefferson drew the Declaration of

Independence at the request of the other members of the committee. Had

another been its author, we believe the Declaration would have been

different in tone, while, of course, the leading principles would have

been the same. Many members were conservative, while Jefferson was

radical. They had in view chiefly independence and freedom; Jefferson had

the same opinions, but even then contemplated a complete revolution in the

existing conditions--for anything which, in the slightest degree, partook

of the nature of the government of Great Britain, her customs or

traditions, was odious to him. He wished an irrevocable change, so that

the new would supersede the old beyond recall.

"When, in framing that great document, he wrote these words: 'We hold

these truths to be self-evident; that all men are created equal; that they

are endowed by their Creator with certain inalienable rights,' * * * it

doubtless did not require a prophet to tell what his future course would

be, or the principles, considered radical then, for which he would stand,

or the wonderful influence 'these truths' would have in forming

constitutions and shaping legislation, State and national, provided the

British were beaten on the field of battle.

"It is worthy of note that the Declaration of Independence, as it came

from his hands, suffered little change, except in two instances. He

inserted in the original draft what might be called an emancipation

proclamation--a clause condemning as piratical warfare against human

nature itself, the enslaving of Africans--the slave trade being then

sanctioned by North and South--the former being carriers and the latter

principally buyers--a business which Virginia would, years before, have

prohibited had she not been met, in every effort, by royal vetoes. The

other change was made by striking out some animadversions upon the English

people. This was done by those who yet hoped for reconciliation, or

something, they knew not what, which might avert the desperate struggle.

"To those who believe in freedom of thought and action; in the sovereignty

of the people; in the equality of all men before the law, based upon

constitutional rights, restrictions and limitations, made by the wisdom of

the greatest men this world has ever produced; in opening the door to

promotion to all men whose talents, integrity and general high characters

entitle them to such honors, the Declaration of Independence must forever

commend itself; and it seems to the writer that upon the strict adherence

to the principles, therein enunciated, rests the very life of the

government of the United States.

"There are many other great things which came from the brain of Jefferson

besides the Declaration of Independence, though the Declaration may have

been the basis of all. The principles of the Declaration having been once

established, these followed as a natural sequence. In a limited space only

a few can be simply noted. After he retired from Congress, in 1776, to

become a member of the Virginia Legislature, he presented, in the session

of that year, a bill for the revisal of the laws of the State, which was

soon passed, and Jefferson, Pendleton, Wythe, George Mason and Thomas L.

Lee were appointed a committee for revision.

"This committee of distinguished men met in Fredericksburg on the 13th day

of February, 1777. Here various propositions were submitted and

discussed--Mason, Wythe and Jefferson almost always agreeing and voting

together, and Pendleton, of all, being the most unwilling to depart from

the old conditions, except, to the astonishment of the committee, he

proposed a new system, that all common law and equity jurisprudence,

which had received the sanction of ages, should be abrogated--a new

institute, after the model of Justinian or Bracton, should be reported,

thus giving us what is called, in this day, a code law, which would have

been set afloat, without a precedent to guide it, and to construe which,

would have taken our courts from that time to this.

"After this committee had agreed on measures and propositions, and the

general outline of the system to be pursued, Mason and Lee, having given

the other members the benefit of their advice, retired from further

participation in its labors, because they were not lawyers, and left the

work to be done by the other three members, who then divided it, and

completed the arduous task in 1779.

"There were four measures proposed by Jefferson before the full committee,

then sitting in Fredericksburg, which were his especial pride, and these

were the repeal of the laws of entail, the abolition of primogeniture, the

establishment of a system of public education, and the act for the

establishment of religious freedom. These four bills, he himself

afterwards said, he 'considered as forming a system by which every fibre

would be eradicated of ancient, or future, aristocracy, and a foundation

laid for a government truly republican.'

"To use his own language again, 'the repeal of the laws of entail would

prevent the accumulation and perpetuation of wealth in select families and

preserve the soil of the country from being more and more absorbed in

mortmain.'

"Not only was the abolition of the laws of entail resisted by some of the

best talent in Virginia, but when Jefferson proposed to abolish also the

law of primogeniture--a relic of feudalism--there was strong opposition

from the same sources--men who had risked fortunes and lives in the

struggle for independence, but who were unwilling to join Jefferson in his

attack upon institutions whose very age commanded veneration. One of the

chief opponents of Jefferson was Edmund Pendleton, his friend, whose

candor, great ability and benevolence in all these struggles won his

admiration.

"It was Pendleton, who, when he found the old law could not prevail,

suggested that the Hebrew principle be adopted, by which the eldest son

should inherit double the amount of real estate which would descend to the

heirs of the ancestor. The reply of Jefferson was characteristic and

terse--'I observed,' he says, 'that if the eldest son could eat twice as

much and do double work, it might be a natural evidence of his right to a

double portion; but being on a par, in his powers and wants, with his

brothers and sisters, he should be on a par also in the partition of the

patrimony.'

[Illustration: The Old Planters' Hotel. The stone in front was used as a

"stand" for slaves when hired or sold at public "outcry." (See page 165)]

[Illustration: The Opera House. It occupies the ground of the bank and

other buildings burnt at the bombardment, December 11, 1862. (See page

269)]

"The statute of descents in Virginia was drawn by him--a statute which has

justice and 'natural right' in every line, and so clear and perspicuous is

it, that in all these years only one serious question has been raised

regarding it, calling for a decision of the Supreme Court of Appeals.

"Jefferson gave an impetus to public education which is felt at this time.

He proposed to the General Assembly of Virginia three bills: the first,

establishing elementary free schools for all children; the second, for

colleges; and the third, for the highest grade of sciences. Only the first

of these was passed by the Assembly, and before this was done it was so

amended that it could not be operative unless the county courts so

decided. Now, as the justices who presided over these courts, while among

the most honorable and talented men in Virginia, were generally of a class

who did not care to bear the taxes necessarily entailed upon them by the

adoption of the system, no free schools were established in any county

within the Commonwealth under this act, with possibly the exception of one

county.

"It was a fact that our ancestors, especially when under the English

system of government, did not favor education at public expense, and the

royal Governors, as a rule, threw the weight of their influence against

it. But after the Revolutionary war had closed, and the government of the

States was made a government by the people, Virginians, like Jefferson,

proceeded on the theory that to have a good government, the people--the

sovereigns--must be educated, so that they would take, not only a deeper

interest in the affairs of State, but would do so with intelligence--the

more knowledge disseminated the better would be the government, and the

less danger there would be of its falling into the hands of a favored and

exclusive class.

"The principle of free education, however, so earnestly forced to the

front by Jefferson, eventually bore fruit, though the ripening was slow.

It was gradually adopted by the people of Virginia, until now a system,

backed by a sound public sentiment, is established in every county and

city in the State, and the doors of the colleges are open to those who

have not been favored with fortune. It may be safely predicted that when

the State shall have fully recovered from the wreck and havoc of the Civil

war, that a complete and thorough system will be established, such as that

which was first proposed by Jefferson, and the people of the State will

rejoice to see it done.

"No more important measure was proposed to the committee which met in

Fredericksburg, on the 13th of January, 1777, than that of Jefferson's for

the establishment of religious freedom, just as it now appears, with

slight modifications in the preamble, in the statute books to-day. The

fact that this act was written in Fredericksburg, we have never heard

questioned; and the people of this city have the same right to claim that

this 'second declaration' had its birth here, that the people of

Philadelphia have to claim that city as the birth-place of the first. It

was, however, a long time before its advocates were able to secure its

passage by the Legislature. Having been written in 1777, it did not become

the law of the land until 1785.

"In making his fight for religious freedom, the courage, the persistence

and the power of this statesman shone in all their splendor. We consider

this as his most difficult task, but it is his crowning glory. He had

arrayed against him the advocates of a long cherished policy, sustained by

law; one around which tradition had woven a peculiar sanctity, and he who

would lift his hand against it was deemed guilty of sacrilege. There, too,

were the clergy, strong in resistance, backed, as they were, by a wealthy

and powerful class, Jefferson himself belonging to a family whose members,

though loyal in exacting faithful obedience to changes in existing

conditions, loved this church and worshipped in its sacred, but State

protected walls; yet, in spite of all of this, believing that freedom of

conscience was one of the 'inalienable and natural rights,' with a

boldness, which all must commend; with a persistence, which all must

admire, he headed the forces which took the last citadels of monarchial

institutions and leveled them to the ground, thus forever separating

church and State and eliminating the combination of political policy and

religion, so that henceforth no man could be 'compelled to frequent or

support any religious worship, place or ministry, but all men shall be

free to profess, and by argument maintain, their opinions in matters of

religion, and the same shall in no wise diminish, enlarge or effect their

civil capacity.'

"In justice to those who were adherents to the established church, it must

be said that some supported Jefferson, and after the change came, none

were more devoted in maintaining the statute, and all others of kindred

import; many being in positions charged with their proper enforcement,

gave them sound judicial interpretation in exact conformity to all

theories of the newly formed government.

"This act for the establishment of religious freedom is not only a

monument to him, as a liberator of men, but its elegant diction, its easy

and smoothly flowing style, show his genius as a writer. It is worthy of

note, its preamble contains over five hundred words, yet it is but one

sentence; only finished in the body of the act itself, where the first

period appears; and, although he says this preamble was somewhat mutilated

by others, there is nothing doubtful or uncertain as to its meaning,

purpose and scope.

"To do full justice to the subject in hand would require a volume, but we

must content ourselves with what has been written to show in part the

wonderful and rapid changes then made in old and settled conditions, and

the powerful influence this section had in moulding a government based on

'natural rights and justice,' and in shaping its destinies."

WASHINGTON GAINS INDEPENDENCE.

It was George Washington, a native of Westmoreland county, raised in

Fredericksburg, who led the American armies in the Revolutionary war and

gained American independence. He was called the "Great and Good

Washington." He was truly great. He was great in the eyes of Americans; he

was great in the eyes of his opposing enemies; he was great in the eyes of

the world. He was an uncrowned king, because he refused to be crowned. We

cannot properly appreciate his greatness, because he was so great we have

no one to compare him with.

It is said a famous scholar has written a long essay in which he argued

that the "traditional Washington" must give place to the new Washington.

Referring to this, Senator Lodge says: "This is true in one sense. A new

idea of Washington comes up in the mind of each generation, as it learns

the story of the father of this country; but in another sense, the idea of

a new Washington is wrong. He cannot be discovered anew, because there

never was but one Washington."

As to the esteem in which Washington is held all over the world, Senator

Lodge says: "Even Englishmen, the most unsparing critics of us, have done

homage to Washington from the time of Byron and Fox to the present day.

France has always revered his name. In distant lands, people who have

hardly heard of the United States know the name of Washington. Nothing

could better show the regard of the world for this great giver of liberty

to the people than the way in which contributions came from all nations to

his monument in Washington. There are stones from Greece, fragments of the

Parthenon. There are stones from Brazil, Turkey, Japan, Switzerland, Siam

and India. In sending her tribute, China said: 'In devising plans,

Washington was more decided than Ching Shing or Woo Kwang; in winning a

country, he was braver than Tsau Tsau or Ling Po. Wielding his four-footed

falchion, he extended the frontiers, and refused to accept the royal

dignity. The sentiments of the three dynasties have reappeared in him. Can

any man of ancient or modern times fail to pronounce Washington peerless?'

These comparisons, which are so strange to our ears, and which sound

stranger still when used in comparison with Washington, show that his name

has reached further than we can comprehend."

Speaking of the Declaration of Independence, Maury says:

"From beginning to end it was the work of Virginia. A Virginia planter

(Mason) conceived it; a Virginia lawyer (Jefferson) drafted it; and a

Virginia soldier (Washington) defended it and made it a living

reality."

FIRST FLAG RAISED BY JOHN PAUL JONES.

It was John Paul Jones, a Fredericksburg man, who raised the first flag

over our infant navy, and the first to throw our National flag--the Stars

and Stripes--to the breeze of heaven. The National Portrait Gallery,

volume 1, giving a short sketch of Jones's life, says: "On the

organization of the infant navy of the United States, in 1775, John Paul

Jones received the appointment of first of the first lieutenants in the

service, in which, in his station on the flag-ship Alfred, he claimed the

honor of being the foremost on the approach of the Commander-in-Chief,

Commodore Hopkins, to raise the new American flag. This was the old device

of a rattlesnake coiled on a yellow ground, with the motto, '_Don't tread

on me_,' which is yet partially retained in the seal of the war-office. *

* * By the resolution of June 14, 1777, he was appointed to the Ranger,

newly built at Portsmouth--a second instance of the kind--had the honor of

hoisting for the first time the new flag of the Stars and Stripes."

HEADS OF THE ARMY AND NAVY.

It was Fredericksburg that gave to the country the head of the armies of

the United States in the great war for independence, in the person of the

peerless Washington, and also furnished the greatest naval commander of

that war in the person of the dauntless John Paul Jones. In addition to

Washington, the small town of Fredericksburg sent to the field during the

great Revolution five other generals--Gen. Hugh Mercer, Gen. George

Weedon, Gen. Wm. Woodford, Gen. Thomas Posey and Gen. Gustavus B. Wallace,

besides many officers of the line of high rank.

MADISON THE FATHER OF THE CONSTITUTION.

It was James Madison, of Orange county, a Virginian, born a few miles

below Fredericksburg, at Port Conway, in King George county, who gave

that wonderful instrument, the Constitution of the United States, to the

country, that has been described as the "grand palladium of our liberty,

the golden chain of our union, the broad banner of freemen, a terror to

tyrants and a shining light to patriots."

Hon. James D. Richardson, of Tennessee, in his great work of compiling the

messages and papers of the Presidents, with short biographical sketches of

each, after recounting the labors, works and achievements of Mr. Madison,

says: "It was not for these things or any of them his fame is to endure.

His act and policy in the framing of the marvellous instrument, the

constitution of our country, his matchless advocacy of it with his voice

and pen, and his adherence to its provisions at all times and in all

exigencies, obtained for him the proudest title ever bestowed upon a man,

the title of the 'Father of the Constitution.' It is for this 'act and

policy' he will be remembered by posterity."

JUDGE WALLACE ON THE CONSTITUTION.

Hon. A. Wellington Wallace, at one time Judge of the Corporation Court of

Fredericksburg, contributes for this work the following paper on the

Constitution of the United States:

"No historical sketch of Fredericksburg and its locality would be complete

without at least an epitome of the constitutional form of government of

the United States; for within a radius of seventy-five miles from

Fredericksburg were reared the leading men who inspired the Federal

Constitution. There are few, if any, similar areas in magnitude that can

furnish, in one epoch of time, such a splendid galaxy of names. George

Washington, Richard Henry Lee, James Madison, Patrick Henry, John Blair,

George Wythe, Edmund Randolph, and George Mason, the deputies appointed by

Virginia to frame the Federal Constitution, were natives of this

territory.

"The inspiration given to the men of the age when our constitution was

framed, was a wonder to the world. No nation had ever attempted by a

written paper to provide a fundamental basis for government to last for

all time and to provide for every emergency which might arise. The

British Constitution, which had been the maternal chart of government

before the Revolution, was a collective name for the principles of public

policy on which the government of the United Kingdom was based. It was not

formulated in any document, but the gradual development of the political

intelligence of the English people, resulting from concessions from the

Crown, successive revolutions, numerous enactments of Parliament and from

the established principles of the common law. But here in this new

country, by young men, born in the territory around Fredericksburg, was

inaugurated a departure from the traditions of our ancestors to govern by

a written fundamental law, a nation, whose progress thereunder has been

phenomenal and has been, and will ever be, a continuing cause of

astonishment to the civilized world.

"As has been stated in this chapter, the Constitution of Virginia, of

1777, drawn by George Mason, was the first written constitution.

Subsequently, the several colonies that revolted against Great Britain,

entered into written articles of confederation for the common defense and

for government in time of war, but when the independence of the United

States had been recognized by Great Britain, these articles of

confederation were found totally inadequate for the powers of government.

"The power of making war, peace and treaties, of levying money and

regulating commerce and the corresponding judicial and executive

authorities, were not fully and effectually vested in the Federal Union;

so it became necessary that the freed colonies should either become weak,

independent sovereignties, or should be bound together by stronger

obligations, and, that for the general welfare, the separate sovereignties

should surrender certain rights and powers to central control. With a view

to this object, on the 21st day of January, 1786, a resolution passed the

Legislature of Virginia for the appointment of five commissioners, any

three of whom might act, to meet similar commissioners from other States

of the Union; and, under this resolution, the commissioners appointed

fixed the first meeting in September following as the time, and the city

of Annapolis, Maryland, as the place of meeting.

"Edmund Randolph, James Madison and Saint George Tucker attended,

representing Virginia, and, as a result of this conference a convention

was called of all the States, to be held in Philadelphia, on the 25th day

of May, 1787, and to that convention Virginia sent the deputies mentioned

before in this paper, and, of these deputies, George Washington was chosen

president of the assembled body. An extended account of the proceedings of

that convention would be inappropriate in this brief narration. It is

sufficient to state that the convention adjourned, having completed its

work on the 17th day of September, following its meeting, and that while

all the Virginia delegates assisted in the work of the convention, only

three of the delegates, George Washington, James Madison and James Blair,

signed the Constitution.

"The Constitution went into effect on the 4th day of March, 1789, although

George Washington, the first President of the United States under it, was

not inaugurated until the 13th day of April--eleven of the thirteen States

having ratified it, the others, North Carolina and Rhode Island, not

ratifying, the former until November 21, 1789, and the latter until May

29, 1790.

"The Constitution is a document comprised in seven original articles and

fifteen amendments. Of the original articles the first deals with the

legislative body, prescribing the mode of election to the House of

Representatives and the Senate, the qualifications of members, the method

by which bills shall be passed, and those subjects on which Congress shall

be qualified to act. The second relates to the Executive Department,

prescribing the method of election and qualifications and duties of the

President. The third relates to the Judicial Department, providing for the

Supreme Court and such other inferior courts as Congress may think

necessary. The fourth deals with the relations of the Federal Government

and the separate States, and provides for the admission of new States. The

fifth relates to the power and method of amendments to the Constitution;

the sixth to the National Supremacy, and the seventh to the establishment

of the government upon the ratification of the Constitution by nine of the

States.

"The amendments, according to one of the methods provided, were

proposed by Congress and ratified by the States. The first twelve were

submitted under acts passed in 1789, 1790, 1793 and 1803, and the last

three after the Civil war, under acts of 1865, 1868 and 1870. The most

important of the amendments are the twelfth, which changed the method of

electing the President and Vice-President to the existing method; the

thirteenth, which abolishes slavery; the fourteenth, which disqualifies

any one who has been engaged in rebellion against the government from

holding office, unless his disqualification has been removed by Congress,

and prevents the assumption and payment of any debt incurred in aid of

rebellion; and the fifteenth, which prohibits the denial to any one the

right to vote because of race, color or previous condition of servitude.

[Illustration: Shiloh Baptist Church, New Site (colored.) (See page 215)]

[Illustration: The Church of God and Disciples of the Lord Jesus Christ

(colored.) (See page 216)]

"This is an epitome of the Constitution of the United States, by virtue of

which the government has been maintained to the present time; and the

principles laid down therein were, to a very large extent, the suggestions

of the men we have mentioned from the locality of Fredericksburg. The

Republic based upon this Constitution was an experiment, but it has, for

more than a century, withstood the most terrific shocks of the most

troublous times. It has waged foreign wars successfully; wild party spirit

has always been foiled in efforts to undermine it; the bloodiest

internecine strife in the world's history, sustained on both sides by

unsurpassed valor, has but cemented its strength and prosperity at home

and its power and prestige abroad; from thirteen small, feeble colonies,

it has become a great nation of nearly eighty millions of people, its

domain not only spreading from ocean to ocean, but extending far over the

seas, and the protecting ægis of the Constitution, and the laws passed

thereunder, guarding every race from every clime.

"No more splendid apostrophe to the Constitution could be added than the

tribute of Mr. Gladstone, of England, the ablest advocate of human rights

the century just closed has produced, when he said, in substance, that it

was the grandest and greatest compendium of principles that had ever

emanated from the brain, or been written down by the pen, of man."

The History of the City of Fredericksburg, Virginia · 第 20 / 22 章