by Fleming. The partial MS is printed in the following series (Document vi) in order to show, as far as possible, the progress of the drafting of the Constitution between 22 and 28 June. The notes to this MS indicate some of the reasons for the conclusions here stated.
But by far the most important contribution made by this list of amendments is that revealing the manner in which Jefferson’s Draft was employed by the Convention. Though this process cannot be followed in full, since the amendments are incomplete, it is possible now to state that the Convention at least considered the inclusion of that part of Jefferson’s constitution limiting the powers of the governor. One of the amendments embraces several sentences, copied word for word from Jefferson’s Draft; but his words were struck from the amendment before it was adopted. Another noteworthy contribution of this list of amendments is that revealing Wythe’s presence in the Convention and his offering an amendment drawn from Jefferson’s Draft.
The Virginia Literary Museum for 23 Sep. 1829 (I, 225–7) published what was described as “Original Draught of the Constitution of Virginia” with the statement that “the printed report of the constitution from which the subjoined draught is taken, is, perhaps, the only copy extant. The report is dated June 24, 1776.” This statement, taken in connection with the date given, would seem to indicate that the “Original Draught” was the printed Report of the Committee made on 24 June. An examination of the text given in the Virginia Literary Museum, however, reveals that the document printed is merely the original printing of the Mason Plan (there are two variations in section 6 and section 8 but these were obviously printer’s errors; the same text was printed in Richmond Enquirer for 6 Oct. 1829).
The constitution as adopted by the convention (Document VII below). This is obviously the MS copy of the Constitution that the Convention on 28 June ordered “to be fairly transcribed.” A few amendments and changes, some of them quite significant, were made in this text even after this complete fair copy of the Constitution was made; these are indicated in the notes to Document vii.
In view of the foregoing, it is obvious that no single person can be advanced as the “author” of the Virginia Constitution. That Adams’ Thoughts on Government had a direct influence on the Mason Plan and the Constitution can be demonstrated by a comparison of phraseology (e.g., Adams’ remarks on commissions, writs, and indictments, Works, IV, 199, are followed almost verbatim in the Mason Plan and in the Constitution). That Richard Henry Lee modified the Adams Plan is probable, as it is equally probable that Patrick Henry introduced one or the other or a modification thereof in the Virginia Gazette. Second, the Constitution, deriving from various plans and discussions of preceding months, was fought over, as Jefferson said, “inch by inch.” Many modifications were made and many persons had a hand in these modifications.
The contributions of Jefferson to the Virginia Constitution can be unmistakably identified by comparing his texts with the Committee revision, with the amendments offered in Convention, and with the final Constitution; certain parts are indisputably Jefferson’s in phraseology and substance. Of all the plans that are known, only Jefferson’s can be regarded as a complete, finished, detailed form of government: all others that are known were outlines, some merely describing and distributing the major powers of government. His was a carefully and thoroughly wrought document, exact in detail, harmonious in structure, consistent in purpose and instinct with the leading principles that guided his entire life. Different as his constitution was in its preciseness and in its magnificent vision from that under contemplation by the Convention, it received its greatest tribute when the Convention, worn out with its own struggles over constitution-making and many other problems, reopened an almost closed chapter and incorporated as much as it dared of Jefferson’