It is easily seen now that Jefferson so far remained perfectly consistent, and followed in practice the distinction between natural rights and rights of compact he had established in order to clarify his own mind, in the meditation quoted at the end of the preceding chapter. If this theory is accepted, it is evident that society being founded upon a legal compact, the ideal form of government is one in which both parties, the individual on the one hand and society on the other, scrupulously live up to its terms. A breach of contract can no more be condoned in the individual than in society. On the other hand, natural rights remain always truly "inalienable" and apart from civil rights. When any individual comes to the conclusion that the sacrifice he has made of certain rights in order to enjoy more security is not compensated for by sufficient advantages, he has the right to denounce the compact: hence the right of expatriation always so energetically maintained by Jefferson. This is the very reason why Jefferson could not and did not blame John Randolph for going to England in August, 1775, since "the situation of the country had rendered it not eligible to him to remain longer in it." Thus the conflict seen by so many political philosophers between man and society disappears entirely. The individual cannot stand against society when he is free to break the social bond at any time--nor can society oppress the individual without endangering its very existence. Such a theory was more than a "philosophical construction." It was largely based upon facts and observation; it expressed the current political philosophy of the colonies. It was eminently the juridistic explanation of the pioneer spirit.
Granting what is undoubtedly true, that Jefferson aroused antagonism and enmities in the Assembly, he certainly had also his admirers and followers. If the prophet had preached in the desert, he would not have gained the prompt recognition that came to him when he was chosen Governor of Virginia, the first of June, 1779, to succeed Patrick Henry. He was then thirty-six years old.
GOVERNOR OF VIRGINIA--THE "NOTES ON VIRGINIA"
Jefferson served two years as Governor of the Commonwealth and when he wrote his "Autobiography" he gave only a short paragraph to this episode of his eventful career, referring for more details to Girardin's continuation of Burk's "History of Virginia." The student of law, the erudite jurist, and classical scholar was by the choice of the Assembly entrusted with the duties and responsibilities of a war chief, and it cannot be said that Jefferson enjoyed the experience. The duties of governor were not only exacting but almost impossible to fulfill satisfactorily. For more than two years, Virginia, without money, with a poorly equipped militia reënforced with an inadequate number of Federal troops, had been overrun by the enemy and had known all the atrocities of the war. The governor had to honor the continuous requests of the general in chief for more ammunition, more equipment and provision, and at the same time had to keep under arms, and as much as possible in fighting condition, militiamen anxious to go back to their farms for the harvest or the plowing, so as to protect the territory of the State against the raids of the invader and prevent Indian uprisings on the western border. Last, but not least, he had to take into consideration the general attitude of the people of the State and the measures adopted by the legislature. Jefferson's correspondence with Lafayette during the first months of 1781 is most illuminating in this respect. When, after Arnold's treason, Lafayette was sent by Washington to apprehend the traitor and give some assistance to the Old Dominion, he found that there were neither boats, wagons, nor horses to carry his equipment from Head of Elk to the siege of operations. The treasury was empty, the Assembly most chary in granting impressment warrants, and practically all the governor could offer in the way of help was his unlimited good will. Lafayette had to use oxen for his artillery and to mount cannon on barges; but even after powers of impressment were granted to the Marquis, Jefferson had to remind him of the necessity of not impressing stallions or brood mares, so as not to kill the "goose with the golden eggs."[69]