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This Thesis Has Been Submitted in Fulfilment of the Requirements for a Postgraduate Degree (E.G This thesis has been submitted in fulfilment of the requirements for a postgraduate degree (e.g. PhD, MPhil, DClinPsychol) at the University of Edinburgh. Please note the following terms and conditions of use: • This work is protected by copyright and other intellectual property rights, which are retained by the thesis author, unless otherwise stated. • A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. • This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the author. • The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the author. • When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given. The Jeffersonian Moment: Feudalism and Reform in Virginia, 1774‐1786 Daniel E. Clinkman Doctor of Philosophy in History University of Edinburgh 2013 i THE UNIVERSITY OF EDINBURGH AABBSSTTRRAACCTT OOFF TTHHEESSIISS Regulation 3.1.14 of the Postgraduate Assessment Regulations for Research Degrees refers These regulations are available via: http://www.ed.ac.uk/schools-departments/academic-services/policies- regulations/regulations/assessment Name of Daniel E. Clinkman Candidate: Degree: PhD in History Title of The Jeffersonian Moment: Feudalism and Reform in Virginia, 1774- Thesis: 1786 No. of words in the main text of ~100,000 Thesis: In his autobiography, Thomas Jefferson argued that his goal in the American Revolution had been to eliminate “feudal and unnatural distinctions” in colonial American society as part of the struggle for independence. This thesis focuses on Jefferson’s years as a revolutionary legislator in the new state of Virginia, and argues that while he was correct in labelling Virginia a feudal society, his reforms were insufficient to the scale of social reformation that he identified. Material addressed includes Jefferson’s synthesis of British feudal and mercantile history that he constructed during the early years of the revolution, his proposed constitution for the state of Virginia, and his legislative reforms to the judiciary, landownership, the established church, education, citizenship, and slavery. ii Declaration of Own Work I hereby certify that this thesis was researched and composed by myself, that the work is my own, and that it has not been submitted towards any other degree or qualification. Daniel E. Clinkman 26 July 2013 iii For my parents and grandmother, to whom I owe so much iv Table of Contents Acknowledgements ……………………………………………………. v Abbreviations …………………………………………………………..... vi Introduction …………………………………………………………….. p. 1 Chapter 1: The Feudal‐Mercantile Synthesis ……………… p. 48 Chapter 2: State Government ……………………………………. p. 88 Chapter 3: Land ……………………………………….………….……. p. 126 Chapter 4: Religion ………………………………………………..…. p. 170 Chapter 5: Natural Citizenship ……………………………….…. p. 212 Conclusion ………………………………………………………………. p. 252 Bibliography ……………………………………………………………. p. 264 v Acknowledgements I wish to thank the Thomas Jefferson Memorial Foundation, the Colonial Williamsburg Foundation, the Institute for Humane Studies, and the University of Edinburgh’s School of History, Classics, and Archaeology for their financial support of the research contained in this thesis. I would also like to thank the staff at the Thomas Jefferson Memorial Library, the John D. Rockefeller Library at Colonial Williamsburg, the Library of Congress, the Edinburgh University Library, and the National Library of Scotland for their assistance. The thesis would not have been possible without the supervision of Frank Cogliano and Thomas Ahnert. It was examined by Harry Dickinson, Simon Newman, and Frances Dow, and I would like to thank them for their feedback and receptiveness to an unorthodox interpretation of American history. I wish to also thank Paul Quigley and the faculty and students on the Edinburgh‐Virginia Reading Group for their feedback on early drafts of some of the chapters in this thesis. In particular, I would like to single out Lawrence Hatter, Martin Ohman, Peter Onuf, Andrew O’Shaugnessy, John Ragosta and Gaye Wilson for their support and conviviality while I was on a research fellowship at Monticello, and the same to Inge Flester and Taylor Stoermer at Colonial Williamsburg. I would also like to thank Matthew Dziennik, Iain Maciver, Sarah McCaslin, Trent Orme, Rusty Roberson, and Jeff Wolf for their friendship and support during the research and writing of this thesis, including many long nights spent discussing both the big ideas and the big hurdles that are intrinsic parts of doing a project of this size. Grace O’Neill has been a constant source of support during the corrections phase, and her presence has made the process of completing the PhD a far more enjoyable one. Finally, I would like to thank my parents, Dave and Lucille Clinkman, for supporting me both morally and financially when I needed it most, and to my brother Andy for hosting me on a much‐needed holiday in Morocco at the end of my first year. Of course, for all of this assistance from family, friends, and colleagues, any errors in this thesis are my own. vi Abbreviations Cappon The Adams‐Jefferson Letters: The Complete Correspondence Between Thomas Jefferson and Abigail and John Adams. Edited by Lester J. Cappon. 2 vols. Chapel Hill: University of North Carolina Press, 1959. EP Papers The Letters and Papers of Edmund Pendleton, 1734‐1803. Edited by David John Mays. 2 vols. Charlottesville: University of Virginia Press, 1967. GM Papers The Papers of George Mason 1725‐1792. Edited by Robert A. Rutland. 3 vols. Chapel Hill: University of North Carolina Press, 1970. Hening The Statutes at Large: Being a Collection of All the Laws of Virginia, From the First Session of the Legislature, in the Year 1619: Published Pursuant to An Act of the General Assembly of Virginia, Passed on the Fifth Day of February One Thousand Eight Hundred and Eight. Edited by W.W. Hening. 13 vols. Richmond: Printed by and for Samuel Pleasants, junior, printer to the commonwealth, 1823. JM Papers The Papers of James Madison. Edited by William T. Hutchinson and William M.E. Rachal. 17 vols. Chicago: University Press, 1962‐. LCB The Commonplace Book of Thomas Jefferson : A Repertory of His Ideas on Government. Edited by Gilbert Chinard. Baltimore: Johns Hopkins Press, 1926. TJ Papers The Papers of Thomas Jefferson. Edited by Julian P. Boyd, et al. 36 vols. Princeton: University Press, 1950-. TJ Ret. Papers Papers of Thomas Jefferson: Retirement Series. Edited by J. Jefferson Looney and Barbara B Oberg et al. 8 vols. Princeton: University Press, 2004-. 1 Introduction In February 1771, Thomas Jefferson, a young Virginian from Albemarle County, wrote to a London‐bound friend to request a coat of arms. Jefferson believed himself to be a descendant of a member of the English gentry, and accordingly instructed his friend “to search the Herald’s office for the arms of my family.” Jefferson had done his own preliminary research, and while he was confident that arms would be found, he acknowledged that “it is possible that there may be none. If so I would with your assistance become a purchaser, having Sterne’s word for it that a coat of arms may be purchased as cheap as any other coat.”1 This letter is striking, both for what it says about Jefferson and what it says about Virginia’s colonial society on the eve of the American Revolution. As a member of the Virginia gentry, Jefferson was concerned with demonstrating his family’s genteel pedigree, although he was willing to cut corners if a legitimate genealogy was not available. The letter also shows that a Virginia gentleman in 1771 was very much concerned about taking on the proper accoutrements of a landed, albeit untitled, aristocrat, like those who comprised the gentry class of England. It shows that the long process of colonisation, begun under rustic conditions in the seventeenth century, had now yielded a society mature enough to openly emulate its English progenitor. Although Jefferson retained a personal interest in his familial coat of arms for the rest of his life, the American Revolution forced him to rethink whether reconstituting English society in America was actually a good thing. By 1776, Jefferson was an outspoken opponent of Virginia’s Anglicised social order, arguing that it amounted to a reconstruction of feudal society. His draft constitution of that year, followed by pieces of reform legislation, attempted to abolish the elaborate social hierarchy and institutions that generations of budding Virginia aristocrats had painstakingly built up by using an archaic, feudal legal code inherited from early Stuart England. Far from being a mere war of independence, Jefferson argued that a complete revolution must entail social as well as political change, for there was an intimate relationship between social hierarchy and political authority. 1 “To Thomas Adams”, 20 February 1771, in TJ Papers, Vol. I, p. 62. 2 The argument Jefferson presented was two‐fold. First, the colonial crisis was a result of the defects in the feudal law upon which the British Empire had been constructed. Second, while it was the relationships between the various constituent parts of the British Empire that alerted Jefferson to the feudal law’s importance, upon further reflection it was a matter of domestic concern as well. Feudal law had corrupted the internal constitution of the Virginia colony itself, and 1776 was the time to correct defects that had been embedded in English law for the past seven centuries, and which had been passed on to Virginia. This moment, which I call the “Jeffersonian moment”, was the point in time when Jefferson attempted to break with Virginia’s feudal heritage through a comprehensive reform of the colonial legal code. Virginia in 1776 was an imitation of the reformed, late‐stage feudal system of Tudor‐Stuart England; if Jefferson succeeded, he would eliminate these “feudal and unnatural distinctions” and create a society “more wholly republican”.2 Unlike J.G.A.
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