It was therefore not until June 7, 1776, that Virginia, through Richard Henry Lee, introduced into Congress at Philadelphia the resolutions for a final separation; and a few days thereafter a committee was appointed to prepare the Declaration of Independence. Jefferson was placed at the head of this committee, his colleagues consisting of Adams, Franklin, Roger Sherman, and Robert R. Livingston. The declaration was prepared by Jefferson, and when submitted to Dr. Franklin and John Adams for criticism, some verbal amendments suggested by them were made. It was then reported to Congress on June 28th, and after debate and other slight amendments by the body itself, it was adopted and signed on July 4, 1776.
Whatever the merits or demerits of the paper, it is essentially the work of Jefferson. It has been much criticised, both in its substance and its form. It is quite certain, however, that since its promulgation there has been, not only in the United States but abroad, a continually increasing tendency to accept and apply its principles in the practical affairs of government. As an eloquent arraignment of tyranny, a denunciation of oppression and an inspiration to resistance, it stands perhaps unequalled among the products of human intellect. As appropriately said by another, the paper is "consecrated in the affections of Americans and praise may seem as superfluous as censure would be unavailing."
So soon as the colonies had become united in the cause of forcible resistance, Jefferson returned to his own State to commence perhaps the most useful and beneficent work of his life. He had again been elected to Congress, but with the prescience of the seer, he chose the seemingly less important place of representative to the Legislature of his State. He took his seat on October 7, 1776. On the 11th of the same month he asked leave to present a bill to establish courts of justice in the State of Virginia; on the next day, to authorize tenants en tail to convey their estates in fee simple. This was immediately followed by other bills for the utter overthrow of primogeniture and the whole law of entails.
His reformatory spirit did not stop with these radical measures. He found another danger in the conservatism and aristocratic tendencies of the established church of the State. In his judgment the whole body of law and custom inherited from England must be thoroughly exterminated, to the end that English influence might be driven from the land. In his judgment English institutions had been cunningly devised in the interest of monarchy. Their purpose, he believed, was to create and maintain distinctions in society, and to perpetuate and strengthen an aristocratic caste as the ally and support of the crown. So long as they existed there was constant danger of relapse from the high purposes of the rebellion. In Jefferson's regard, they were inconsistent with the principles of the revolution now proclaimed, and sooner or later would be found its open or secret enemies.
For these reforms the old aristocracy of his State denounced him as a Jacobin, and the established church denounced him as an infidel.
Jefferson continued to serve in the House of Delegates during the years 1777 and 1778, and in addition to the measures already named, he secured laws to establish elementary and collegiate education in the State, and to prohibit the further importation of slaves into Virginia. He also sought to inaugurate a system of gradual emancipation; but slavery was already so thoroughly engrafted on the social system of the people, that even Jefferson, Wythe, and Mason could not dislodge it. Jefferson, in 1821, referring to his failure in this regard, said: "it was found that the public mind would not yet bear the proposition, nor will it bear it, even to this day; yet the day is not distant, when it must bear and adopt it, or worse will, follow. Nothing is more certainly written in the book of fate than that these people are to be free."
On retiring from the Legislature he was elected governor of the State. The period of his service in this position was unfortunate for his fame. He was essentially a civilian, neither having, nor pretending to have, military skill or knowledge. The war had now been transferred to the Southern States. Cornwallis had overrun Georgia and South Carolina, defeated Gates at Camden, and was pushing north for the desolation of Virginia. The State had already become impoverished by its liberal contributions of money, men, and arms to the general cause, and was now powerless for its own defence. The hated Benedict Arnold was able to ascend the James River to Richmond, dispersing the Legislature and burning the town. Tarleton afterward penetrated as far as Charlottesville—Jefferson and the Legislature narrowly escaping capture. Jefferson felt keenly the situation, and at the expiration of his term retired to Monticello, humiliated and overwhelmed by unjust criticism and undeserved censure. His gloom and melancholy were made still more sad at this period, by the death of his wife, whom he had married in 1772. But the privilege of neither obscurity nor rest was reserved for him. The winter session of 1783 found him again in the General Congress abolishing the English system of coinage and providing for the government of the Northwestern territory, which had been ceded to the confederation by Virginia.
In 1784 he was named as a minister plenipotentiary to Europe at large, to assist Adams and Franklin in the negotiation of commercial treaties. In 1785 he became minister to France in the place of Dr. Franklin, who had resigned; and in March, 1790, in pursuance of a previous acceptance, he entered the Cabinet of President Washington as Secretary of State.
Already the germs of two great conflicting parties had been sown. The debates in the convention that framed the Constitution, and still more manifestly the controversies in the State Conventions called to consider the adoption of the instrument, had developed the differences, which, in theory at least, have distinguished political parties ever since. The colonies had been chiefly settled by Englishmen. No people are more tenacious than they of preconceived opinions, or more averse to the abandonment of ancient forms and customs. A strong attachment to the institutions of England still remained with the people of the colonies. With many of them the whole object of the revolution was political separation from the mother country. They heartily desired independence and freedom, and they had willingly risked their lives to secure them. But the freedom they sought was the right, if they chose, to establish and perpetuate those cherished institutions of the mother-country for themselves. They would enjoy them still, and make them a lasting inheritance for their posterity, but free from the power and dominion of Europe.
Such persons had revolted not against England, but against England's wrongful acts; not against the authority of law, but against the perversion of law. To them the Declaration of Independence was a splendid piece of rhetoric intended only to inflame the mind with a sense of injury, and to nerve the heart to determined resistance. Like the Marseillaise hymn, it was merely to be repeated on entering the battle. Like the bugle blast, it served only to stimulate the soul and shut out all other sounds while the contest lasted. Not so with Jefferson and his followers. The Declaration of Independence truly reflected their political sentiments. To them the revolution meant something more than mere separation. It looked to the total repudiation of the English system of government, and the substitution of the rule of the people. They admitted the inefficiency of the articles of confederation, and were willing to accept nationality in a modified form. But to them the Constitution as framed in 1787 was armed with the most dangerous powers. They accepted it merely as a choice of evils, trusting by strict construction and future amendment to give it eventually the form and mould of their own views.