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Subject Area: Political Theory
Topic: The American Revolution and Constitution

TO THE SPEAKER OF THE HOUSE OF DELEGATES (BENJAMIN HARRISON) - Thomas Jefferson, The Works, vol. 3 (Notes on Virginia I, Correspondence 1780-1782) [1905]

Edition used:

The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam’s Sons, 1904-5). Vol. 3.

Part of: The Works of Thomas Jefferson, 12 vols.

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TO THE SPEAKER OF THE HOUSE OF DELEGATES (BENJAMIN HARRISON)

v. s. a.

Charlottesville May 28 1781

Sir,

—Since I had the honour of addressing the General assembly by Letter of the 14th. instant I have received a second letter from the Honble Major General Greene on the subject of Cavalry another in answer to one I had written communicating to him informations I had received as to the conduct of a particular office employed by him in impressing; which I transmit herewith.

I also inclose a letter which I have received since the same date from the Honble Dudley Digges resigning the office of a Member of the Council of State.

Further experience, together with recent information from the Commanding officer within this State convinces me that something is necessary to be done to enforce the calls of the Executive for militia to attend in the field. Whether the deficiencies of which we have had reason to complain proceeded from any backwardness in the militia themselves or from a want of activity in their principal officers, I do not undertake to decide. The Laws also to which they are subject while in the field seem scarcely coercive enough for a state of war.

The Commanding officer also represents that great evils and dangers are to be apprehended from the Total want of authority of the military power over citizens within the vicinities of his and of the enemies encampments. Many of them tho’ well disposed are led by an attachment to their property to remain within the power of the enemy and are then compelled to furnish horses, procure provisions, serve as guides and to perform other offices in aid of their operations: while others of unfriendly disposition become spies and intelligencers and if taken in the very fact are not subject to that speedy justice which alone can effectually deter. He supposes that the Lives of our Soldiers and citizens entrusted to his care might be rendered much more secure by some legal provision against the unrestricted right of passing to & fro in the neighborhood of the encampments and by subjecting the inhabitants within some certain distance to such immediate trial & punishment for leading attempts against the safety of our army or in aid of that of our enemies as the rights of the citizen on the one hand & necessaties of war on the other may safely admit.