Measuring America. Andro Linklater

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СКАЧАТЬ must more approve of the homage of reason, than that of blindfolded fear.’ Once rational enquiry had uncovered the principles of human nature, it would be possible to establish the conditions under which individuals could be allowed as much liberty as they desired, and yet a rational, self-regulating society would emerge.

      Owning land, for example, would give society’s members an interest in building a law-abiding, democratically based community, and education would teach them how best to use their freedom. The ideal, therefore, was to distribute land and schools as widely as possible. By the same criterion, the accumulation of too much land by one person had to be opposed, because it prevented others acquiring it. Nothing illustrates better the difference between Peter and Thomas Jefferson than the father’s restless search for more acres, and the son’s unrelenting opposition to land speculators whose profits depended on driving up the price of empty land. ‘Whenever there are in any country uncultivated lands and unemployed poor,’ Thomas wrote soon after independence had been won, ‘it is clear that the laws of property have been so far extended as to violate natural right.’

      That was the wisdom that Jefferson derived from William Small and his circle of friends. It appealed profoundly to a young man who, as Joseph Ellis observed, craved for ‘a world in which all behavior was voluntary and therefore coercion was unnecessary, where independence and equality never collided, where the sources of all authority were invisible because they had already been internalised’.

      In 1764, Small returned to Britain, but Jefferson never ceased to feel gratitude to the man who, he acknowledged, ‘filled up the measure of his goodness to me, by procuring for me, from his most intimate friend G[eorge] Wythe, a reception as a student of law under his direction, and introduced me to the acquaintance and familiar table of Governor Fauquier, the ablest man who had ever filled that office. With him, and at his table, Dr. Small & Mr. Wythe … & myself, formed a partie quarrée, & to the habitual conversations on these occasions I owed much instruction.’

      After independence was declared in July 1776, Jefferson returned to Virginia, where his reputation as the Declaration’s prime author led to his appointment to a committee revising the state’s laws so that they reflected republican rather than royalist values. It is a telling fact that at this, his first opportunity to put theory into practice, he put forward what might be called the full Small programme.

      The best-known of his proposals is the ‘Statute for Establishing Religious Freedom’, a landmark in legislative tolerance; but no less significant were otherwise banal bills to change inheritance law so that a landed estate could be left equally to all the children rather than to the eldest son alone, and to prohibit clauses in a will preventing later generations dividing up land among several heirs. At the same time, Jefferson introduced a bill to give seventy-five acres to any Virginian who did not already have any land, and to offer a ‘head-right’ grant of fifty acres to every landless immigrant who arrived in the state from overseas. Together with Virginia’s generous promise of land to soldiers enlisting in its regiments – ranging from a hundred acres for enlisted men up to fifteen thousand acres for a major-general – Jefferson’s land grant proposals would have created a network of small farms guaranteeing the future health of democracy in the state.

      To complete the Saxon ideal, Jefferson came up with a plan for wholesale administrative and educational reform – or as he put it, ‘I drew a bill for our legislature, which proposed to lay off every county into hundreds or townships of 5. or 6. miles square, in the centre of each of which was to be a free English school.’

      As any of his fellow Virginians could have warned him, Virginia politics did not work like that. When the state came to dispose of its unoccupied land in 1783, the Act that finally emerged from horse-trading in the Assembly was designed to sell the territory with as little restriction as possible, and the process turned into a swill-bucket for speculators. Surveyors were bribed into setting aside the best plots, land warrants were acquired cheaply from army veterans, and wads of the state’s devalued paper currency, which carried the right to claim unoccupied land, were bought up for a quarter of their value.

      One speculator, Robert Morris, acquired one and a half million acres of western Virginia, while another, Alexander Walcott, secured a million acres. On top of these claims, the Virginia legislature allowed speculators to benefit from any inaccuracies in the survey up to 5 per cent of the total – thereby adding a free bonus of seventy-five thousand acres to Morris’s allocation – and then generously added a clause permitting purchasers to keep anything more than that which might inadvertently have been included as a result of the ‘ignorance, negligence or fraud of the surveyors’.

      As a dry run for Jefferson’s far more spectacular experiment involving the territory west of the Appalachians, this was a humiliating failure. Yet it was less wounding than a weakness of temperament that was exposed by the War of Independence – in moments of crisis, it became clear, emotion was liable to overcome Jefferson. In 1779 he was elected Governor of Virginia, but when the British army moved into the state in 1780, instead of calling out the militia he evidently froze, leaving the decision to be taken by others and allowing the state capital, Richmond, to be overrun. The inquiry launched into Jefferson’s conduct he described as ‘a wound on my spirit which will only be cured by the all-healing grave’. But evidence that this was not a freak reaction came soon afterwards in a second, more personal crisis.

      In the autumn of 1782, Jefferson’s wife Martha died at the age of thirty-three after giving birth to their sixth child. They had been married for less than eleven years, and in that time Martha had been almost constantly pregnant, with six live children born, although only two survived beyond infancy, and three other pregnancies which ended in miscarriages. At her death, Jefferson was prostrated by a grief so consuming that for a month he could not face anyone and stayed secluded in a room where, his daughter recalled, he wept and groaned, emerging at last only to go for long, solitary horseback rides in the mountains. There may have been an element of guilt in this – the risk of repeated pregnancies to the health of delicate women was well understood – but whatever the source of his emotions it was obvious that the force of them made it impossible for Jefferson to function. In retreat from the pain of grief, he threw himself into work which absorbed all his energies and attention.

      One year earlier, in October 1781, Lord Cornwallis and his British army, hemmed in by Washington on land and by the French fleet at sea, had surrendered, and American negotiators were now in Paris deciding the terms of the peace. At home the Continental Congress, which represented the nearest thing to a central government that the thirteen states could agree on, was attempting to work out the new nation’s future government and how to pay off the mountain of debt accumulated in paying for Washington’s continental army. Its single asset, if the negotiators could prise it from Britain’s grasp and the states were prepared to give up their own claims to it, was the land between the Appalachians and the Mississippi.

      ‘There are at present many great objects before Congress,’ wrote the Rhode Island delegate, David Howell, early in 1784, ‘but none of more importance or which engage my attention more than that of the Western Country.’

      It might be sold to pay the country’s debts, it might be divided up to create new states, it might be administered on a new model, it might be made over to the pre-revolutionary land companies. The course decided upon would help to determine the relationship of the central government to the states.

      In June 1783 Jefferson was elected a delegate from Virginia to the Continental Congress, and immersed himself in the many great objects before it, above all in the question of the western lands. Preserved in the Library of Congress are pages of his comments on proposed legislation, and draft bills whose margins are filled with his detailed annotations. In the space of less than a year, from June 1783 to May 1784, this escape into mental work produced numerous contributions to United States law, and three measures so substantial that they were to permeate every aspect of American life: the invention of the dollar, the procedure for creating new states from the Western СКАЧАТЬ