Should our Convention propose to establish now a form of government, perhaps it might be agreeable to recall for a short time their delegates. It is a work of the most interesting nature and such as every individual would wish to have his voice in.... But this I mention to you in confidence, as in our situation, a hint to any other is too delicate however anxiously interesting the subject is to our feelings.
With all his attention turned towards the Old Dominion and in his anxiety to participate in establishing a model form of government for his "country", he then decided to send to Pendleton, President of the Assembly, the draft of a proposed constitution for Virginia, or rather, as he termed it, "A Bill for new modelling the form of government and for establishing the Fundamental principles of our future constitution."[42] This is a capital document for the history of Jefferson's political thought. For the first time he had the opportunity to develop fully his views on society and government. How clear in his mind were the theories of which he later became the advocate will be easily perceived. The draft started with a recital of the grievances of the colony against "George Guelph King of Great Britain", which Jefferson was to utilize in the Declaration of Independence. It declared that "The Legislative, Executive, and Judiciary shall be forever separate" and continued with a description of the three branches of government. For the Legislative, Jefferson proposed a bicameral system, consisting of a House of Representatives and a Senate. The House was to be elected by "all male persons of full age and sane mind having a freehold estate in (one fourth of an acre) of land in any town or in 25 acres of land in the county and all persons resident in the colony who shall have paid scot and lot to government the last two years." The Senate was to be appointed by the House of Representatives. The death penalty was abolished for all crimes except murder and offences in the military service; torture was abolished in all cases whatsoever. Some of these provisions were incorporated later in the "Bill for Apportioning Crimes and Punishment." The Administrator was to be appointed by the House of Representatives, as well as the Attorney-general and the Privy Council. Judges were to be appointed by the Administrator and Privy Council; the High Sheriffs and Coroners of counties were to be elected annually by the voters, but all other officers, civil and military, to be appointed by the Administrator. The bill proposed that "descents shall go according to the laws of Gavelkind, save only that females shall have equal rights with males."—"All persons shall have full and free liberty of religious opinion; nor shall any be compelled to support or maintain any religious institution." "Printing presses shall be free except so far as by commission of private injury cause may be given of private action. There shall be no standing army but in time of actual war." The introduction of slaves into the State was forbidden. Finally provisions were made for the revision of the Constitution.
Truly most of the reforms advocated by Jefferson are already contained in this document, not implicitly but explicitly: religious freedom, freedom of the press, abolition of slavery, the laws of descent and the bill to abolish entail, the "Bill for Proportioning Crimes and Punishment" are all here. It was a bold and radical proposal, and no wonder the young delegate from Virginia was anxious to go home in order to defend it before his colleagues of the Assembly. The delegates, after much wrangling, had come to practical agreement on the most important points. It was too late and they were too "tired" of the subject to resume the discussion. From Jefferson's plan they simply borrowed the long recital of grievances which became the preamble to the Virginia Constitution.[43]
As finally adopted, the Constitution was far less liberal than the plan proposed by Jefferson, and this may explain his severe criticism of it in his "Notes on Virginia" (Query XIII). It embodied, however, some of the same essential principles; it proclaimed the separation of powers and established two Chambers. It retained the name of governor, redolent of the English régime, instead of "administrator"; it made no mention of slavery, entails, descents and freedom of the press, but in some respects it was even more democratic than the Jefferson plan since both houses were directly elected. In the meantime things were coming to a head in Philadelphia, and on June 7 certain resolutions concerning independence being moved and adopted, it was
Resolved, That these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved.
That it is expedient forthwith to take the most effectual measures for forming foreign Alliances.
That a plan of confederation be prepared and transmitted to the respective Colonies for their consideration and approbation.[44]
On June 10, it was
Resolved, That the consideration of the first resolution be postponed to this day, three weeks (July 1), and in the meanwhile, that no time be lost in case the Congress agree thereto, that a committee be appointed to prepare a declaration to the effect of the said first resolution.
The next day it was resolved, That the committee to prepare the declaration consist of five members: The members chosen, Mr. [Thomas] Jefferson, Mr. J[ohn] Adams, Mr. [Benjamin] Franklin, Mr. [Roger] Sherman, and Mr. R[obert] R. Livingston.[45]