individual citizens of the colony tried to obtain the services of
a lawyer who would fight against the parsons. Since such a lawyer
would be fighting not only against the parsons but against the
King himself, some of the lawyers, when asked to act as attorney
against the parsons, refused the offer. Patrick Henry, who was only
twenty-seven at the time and practically an unknown individual as
far as law was concerned, accepted the offer. The self-educated
Hanover County resident surprised the people in the court when he
began to speak, at first hesitatingly and then most confidently. He
first criticized the parsons for trying to take advantage of the
scarcity of the tobacco which caused its extraordinarily high price.
He then dared to speak against the British Parliament and the King
for usurping the power of "disallowing" a law passed by the Virginia
legislature. The following quotation illustrates the strong language
which he used to express his attitudes in these matters: "The king,
by ... disallowing acts of this salutary nature, from being the
Father of his people degenerates into a Tyrant, and forfeits all
the rights to his subjects' obedience." Thus, he questioned the
right of the King to veto a colonial law. He followed these words
with comments concerning the rights and privileges of the colonists
and the unjust taxing of the colonists for goods brought to the
Virginia Colony from England. The jury handed down the verdict that
the parsons were entitled to their back pay but awarded damages
of one penny to each parson. As a direct result of this case,
Patrick Henry became famous and he became a member of the Virginia
House of Burgesses shortly afterward. He had dramatically, though
unexpectedly, expressed the attitude of most of the colonists toward
Parliamentary and royal control of their colony.
In spite of Patrick Henry's strong protests against the taxes
imposed upon the colonists, Parliament passed the Stamp Act in 1765
whereby the colonists were required to put stamps of differing value
upon wills, deeds, mortgages, newspapers, almanacs, advertisements,
college diplomas and all other legal documents. This tax was not
directly levied for protection as the regular duty tax on imports
had been but was levied for revenue purposes. The revenue from the
sale of these stamps was to be used in paying the governmental
cost in the territory acquired from the French and Indian War and
for defending the colonists. Previous acts and taxes had affected
a comparatively small number of colonists and usually only one or
two social classes. The Stamp Act, however, affected practically
every class, particularly editors, lawyers and parsons who usually
exert strong influence upon any group of people. The Stamp Act was
the controversial issue at the time Patrick Henry became a member
of the Virginia House of Burgesses. Some of the members felt that
Parliament had the right to tax the colonists and others felt
that it was illegal for them to do so. Patrick Henry offered five
resolutions against the Stamp Act to the effect that the "General
Assembly of the colony have the only sole and exclusive right and
power to levy taxes." A fiery discussion then occurred over these
resolutions, and, after hearing the heated arguments on both sides
on May 29, 1765, Patrick Henry rose in the House and described
Virginia as being tethered in chains under the rule of Parliament
and the King. Then he shouted: "Caesar had his Brutus, Charles I,
his Cromwell, and George III...." Here he was interrupted by cries
of "Treason! Treason!" Very calmly he finished the sentence by
saying "may profit by their example. If this be treason, make the
most of it!" Patrick Henry's brilliant oratory persuaded public
opinion again, and his "Virginia Resolves" against the Stamp Act
were passed by a majority of one vote. Such a small majority seems
insignificant, but these Resolves were publicized throughout the
colonies and played an important part in creating serious opposition
to England throughout the British colonies. Soon similar resolutions
were adopted in the other colonies.
The first Colonial Congress was called to meet in New York City
in October 1765 to form a plan of resistance to the Stamp Act.
Although delegates from nine colonies attended, Virginia was not
represented because the Virginia legislature had adjourned before
Massachusetts had sent its invitation circular to her. However,
Virginia approved a three point program of this "Stamp Act Congress"
at its next legislative session: namely, a Bill of Rights, a
statement of grievances and the principle of no taxation without
actual representation. The colonists believed that, since they had
no actual representation in Parliament, there could be no taxation
except that authorized by their individual legislatures. Therefore,
the members of the Stamp Act Congress adopted petitions to the
King, the House of Commons and the House of Lords asking repeal of
the Stamp Act. This congress was the first significant step in the
direction of unity for the British colonies in America. In addition
to this orderly method of opposition, in some of the colonies mob
violence, rioting and even personal molesting of the stamp officials
took place.
On February 8, 1766, the Northampton County Court severely opposed
the Stamp Act by stating that "the said act did not bind, affect or
concern the inhabitants of this colony, inasmuch as they conceive
the same to be unconstitutional, and that the said several officers
may proceed to the execution of their respective offices, without
incurring any penalties by means thereof."
On February 27, 1766, a group of one hundred and fifteen planters
met at Leedstown in the Northern Neck to publicly oppose the Stamp
Act. A series of resolves or resolutions written by Richard Henry
Lee but presented by Thomas Ludwell Lee, his brother, were passed by
those present. These resolves condemned the Stamp Act and defiantly
acclaimed the rights which they considered essential to civil
liberty. These resolves are usually referred to as the Leedstown
or Westmoreland Resolves because they were presented at Leedstown
which is located in Westmoreland County. In March of the same year
a pamphlet, entitled "An Enquiry into the Rights of the British
Colonies," was written and circulated by Richard Henry Bland which
strongly opposed the Parliamentary measures and stated that the
colonies were bound to England directly by the King and not by
Parliament. Therefore, Bland concluded that Parliament technically
had no jurisdiction over the American colonies.
Finally, on March 18, 1766, Parliament repealed the Stamp Act but
at the same time passed the Declaratory Act stating that Parliament
had the authority to pass laws for the colonies "in all cases
whatsoever." In their triumph over the repeal of the Stamp Act, many
of the colonists overlooked the strong, powerful wording of the
Declaratory Act.
Soon after the repeal of the Stamp Act, the Townshend Acts were
passed in 1767. They were called the Townshend Acts because the
British Chancellor of the Exchequer (a position similar to the
present-day United States Secretary of the Treasury) who originated
them was Charles Townshend. The acts placed a duty (an external
tax) upon glass, paper, painters' colors, white lead and tea. The
revenue collected from these duties was to be used for the payment
of salaries of judges and other colonial officials in the attempt
to make such positions less influenced by the colonial legislature.
The colonists objected strongly to the Townshend Acts, again stating
that the taxes so collected were for the purpose of revenue and not
for protection.
The merchant class of the large cities in the colonies and the
Virginia planters in particular were so strongly affected by
these acts that they formed a retaliatory organization called the
Non-Importation Association. Although Lord Botetourt, the royal
Governor of Virginia at this time, dissolved the Virginia Assembly,
and individual members met privately at the Raleigh Tavern in
Williamsburg and agreed to enter into such a non-importation
agreement. This group agreed not to import slaves, wines or goods
from Great Britain unless the objectionable taxes were abolished.
This agreement caused a great reduction in the number of imports
from Great Britain to these colonies. Since Virginia had the largest
amount of commerce trade in England at this time, this method
proved effective. Acts of violence even occured in some of the
colonies--for example, the Boston Massacre. Finally, on March 5,
1770, the Townshend Acts were repealed with the exception of the tax
on tea: three pence per pound. This tax was retained supposedly to
assert the right of Parliament to tax the colonists whenever it so
desired.
In spite of this repeal, friction between colonial legislatures and
royal Governors continued. Under the leadership of Samuel Adams of
Massachusetts, Committees of Correspondence were appointed in 1773
whose chief objective was to keep the various colonies informed by
correspondence of the events occurring within their colony which
were contrary to the rights and privileges of the colonists. The
Virginia General Assembly appointed a Committee of Correspondence
under the leadership of Richard Henry Lee, Thomas Jefferson, Patrick
Henry and George Mason. The condition which caused this permanent
committee to be organized at this time was the continuous threat
of England to force Americans to be tried in England for offenses
against the law. These committees within the various colonies became
very active and persuasive. The British soon abandoned their idea of
sending Americans to England to be tried. However, these committees
increased rapidly in number as the grievances of the colonists
increased, and they gradually created a feeling of unity in the
colonies as a result of a better understanding of common problems.
The next act which is believed to have led directly to the
Revolutionary War is the Tea Act. After the three pence per pound
tax on tea was levied, some of the colonists bought their tea from
smugglers who had purchased it from the Dutch East Indies. In
1773, in an attempt to curb this illegal trade and to help create
a monopoly of the tea trade for the East India Company, Parliament
passed a law allowing this company to ship tea from Asia directly
to the American colonies without bringing it to English warehouses
first, as had previously been the regulation. This situation
resulted in the East India Company selling its tea cheaper than the
other companies. In spite of this change, Parliament refused to
repeal the three pence duty tax on tea which still had to be paid by
the colonists.
The American colonists realized the scheme of England, and not
wanting to admit the right of Parliament to tax them even under
these conditions, they decided not to submit to the payment of the
duty tax. When the ships from the East India Company sent cargoes
of tea to Charleston, Philadelphia, New York and Boston, some of it
was stored indefinitely (at Charleston), some was returned (from
Philadelphia and from New York City) and the rest was dumped into
the Boston Harbor on December 16, 1773. The famous Boston Tea Party
caused Parliament to pass the "Intolerable Acts" as punishment for
the colonists of Massachusetts: (1) the Boston Port Bill closed
the port of Boston to all trade until the colonists there had paid
for the tea which had been destroyed and had agreed to obey the
laws of Parliament and to maintain peace in the future, (2) the
Massachusetts Government Act changed the charter of Massachusetts so
that more governing power was in the hands of the royal officials
and much less in the hands of the colonists, (3) the Administration
of Justice Act provided that British officials in Massachusetts who
had been charged with serious violations of colonial laws were from
that time on to be sent to England for their trial and (4) an act
provided that any colonial Governor was empowered from that time on
to quarter British soldiers in barns or vacant buildings whenever
the need arose. The first of these acts was to go into effect on
June 1, 1774. Therefore, the colonists realized that something had
to be done immediately if their resentment and ill feeling was to be
recognized by Parliament and acted upon accordingly.
A description of the Boston Tea Party first reached Virginia from
a visitor to the old Market Square in Alexandria. The Virginia
House of Burgesses was in session when the Virginians learned of
the "Intolerable Acts." Led by Thomas Jefferson, Patrick Henry and
Richard Henry Lee, the members of the House of Burgesses passed a
resolution designating June 1, the day on which the "Intolerable
Acts" were to be enforced, as a day of fasting and prayer to God to
encourage Parliament to abandon its unwise punitive policy towards
the people of Massachusetts. When Governor Lord Dunmore, who had
succeeded upon the death of Governor Botetourt, heard of this
resolution, he dissolved the House of Burgesses. Before all the
members had left Williamsburg, a messenger arrived from Boston with
a circular letter which pleaded with the colonies for united support
and which suggested the cessation of all trading relations with
Great Britain. The twenty-five Burgesses members, who were in the
Apollo Room of the Raleigh Tavern when the letter arrived, discussed
its contents and decided that it was too important a matter for
the Committee of Correspondence to assume complete responsibility.
Consequently, they asked the counties to appoint deputies to a
special convention to be held on August 1, 1774 at Williamsburg
for a two-fold purpose: to consider the possibility of complete
cessation of trade with Great Britain and to choose delegates to
a proposed Continental Congress. Peyton Randolph, Speaker of the
House of Burgesses, is believed to have been the leader of this
special convention movement. The actual summons was signed by Thomas
Jefferson, George Washington and Henry Lee. The calling of this
First Virginia Convention is most significant in American history as
well as in Virginia history because it was a positive action on the
part of the American colonists to assert the people's sovereignty
over and against the King's authority.
The convention at Williamsburg which began August 1, 1774 lasted
for six days and representatives attended from fifty-six counties
and four boroughs. Each county sent two delegates and each borough,
one. Peyton Randolph was chosen as president of the convention.
The convention members agreed to purchase no goods, with the
exception of medicine, from Great Britain after November 1, 1774 and
agreed neither to import slaves nor to buy imported slaves after
November 1. Seven members were selected to represent Virginia at a
Continental or General Congress: Richard Bland, Benjamin Harrison,
Patrick Henry, Richard Henry Lee, Edmund Pendleton, Peyton Randolph
and George Washington. The convention delegates also stated that
unless American grievances were diminished by August 10, 1775, all
exports of Virginia products to Great Britain would be stopped. It
was at this convention that a written treatise on American rights
was prepared for the convention by Thomas Jefferson. This paper,
later entitled "A Summary View of the Rights of British America,"
was published by the Virginia convention and was responsible for
making Jefferson's great ability as a writer well known. This
pamphlet was a forerunner of the Declaration of Independence.
While the colonists were having political and economic difficulties
with Great Britain, other domestic difficulties were occurring
on the frontiers. As mentioned previously, the Piedmont area
of Virginia, located between the Fall Line and the Appalachian
Mountains, was actually the first American frontier. People who
settled there came originally for several purposes: to acquire
fertile but cheap land, to enjoy new personal freedom (in many
cases, the settlers were former indentured servants), to carry
on fur trade with the Indians, to obtain fresh pasture land for
cattle and to establish plantations. After the Piedmont area became
heavily settled, the westward movement continued. The settlements
in the Shenandoah Valley of Virginia followed directly after the
crossing of the Blue Ridge Mountains. In the late 1760's, William
Bean, a Virginian, constructed the first cabin along the Watauga
River, and later, James Robertson and John Sevier pioneered in the
Watauga Valley. Settlements were also made at this time along the
fertile Holston River Valley in eastern Tennessee. During this
period, Daniel Boone explored the Cumberland Gap area and started a
settlement in the region now known as Kentucky. While he was taking
a group of approximately eighty settlers to this region, he was
attacked by a band of Indians. The group decided to return to North
Carolina with the exception of the Boone family, and they stopped
near the Kentucky-Tennessee border.
Indian uprisings were common until the soldiers of Virginia defeated
them in Lord Dunmore's War. As the settlers pushed westward, more
and more of the Indians' hunting grounds were being seized and
used for farming. Since the Indians felt that this was most unjust
treatment, they resorted to making war upon the settlers. In
1774, many frontier Indian raids occurred involving the Shawnees,
Cherokees, Mingos, Delaware and Wyandots. One incident which had
great repercussion was the killing of nine members of the family of
John Logan, a friendly Mingo chief, by a group of white settlers.
This incident caused the Indians to be extremely revengeful.
When Lord Dunmore became the new royal Governor, the settlers
appealed to him for protection and asked that he send military
troops at once. He decided personally to command one group of troops
at the Forks of the Ohio River and he ordered Major Andrew Lewis, a
pioneer's son of Augusta County whose father had founded Staunton,
Virginia, to raise a force of Virginia troops and bring them to a
meeting-place located at Camp Union (now known as Lewisburg, West
Virginia). With approximately 1100 men, General Lewis started on
his march to the Ohio River in September 1774 to fight the Indians.
After nineteen days of marching, they arrived at Point Pleasant,
the site at which the Kanawha River empties into the Ohio River,
approximately 160 miles from their starting point. General Lewis
and his troops waited four days and heard no word from Lord Dunmore
although he had ordered them to this particular position. On October
10, two of Lewis' men went hunting, strictly against his orders.
Two miles from camp they were attacked by the Shawnee Indians, and
one of them was killed. The other escaped, rushed back to the camp
and reported to General Lewis that he had observed "four acres of
ground" of Indians. General Lewis then commanded his men to form
two lines of battle, one to be under the leadership of his brother,
Colonel Charles Lewis, and the other under the leadership of Colonel
William Fleming. He himself was to be the supreme commander. The
battle began immediately, and after the Indians rushed forward
the first time, Charles Lewis was killed and Colonel Fleming was
wounded. The Indian leader was Chief Cornstalk who was a popular
and powerful Indian warrior. However, after fighting all day, the
Indians finally retreated across the Ohio River, and the Virginians
were considered the victors of the Battle of Point Pleasant or the
Battle of Great Kanawha because they were not driven back by the
Indians. Consequently, Lord Dunmore's War was fought without his
presence, although it is believed that he may have been negotiating
a peace treaty with the Indians simultaneously at some distant
place. The winning of this war by the Virginians made the winning of
the west much easier for the later settlers.
On September 5, 1774, the first Continental Congress was called
by Virginia, and invitations were issued by Committees of
Correspondence. The purpose of this Congress was "to deliberate
and determine wise and proper measures, to be by them recommended
to all the colonies, for the recovery and establishment of their
just rights and liberties, civil and religious, and the restoration
of union and harmony between Great Britain and the colonies most
ardently desired by all good men." The Continental Congress
began in Carpenters' Hall, Philadelphia, on September 5, 1774
with 56 members present. Two-thirds of these were lawyers, and
the membership itself consisted of representatives of both the
liberal and the conservative groups although the majority appeared
to be in the former group. The Virginian, Peyton Randolph, was
unanimously elected President of the First Continental Congress.
During the Congress, Patrick Henry expressed the need for unity
when he exclaimed: "The distinctions between Pennsylvanians, New
Yorkers and New Englanders are no more. I am not a Virginian but an
American." Concerning its chief accomplishments, the Congress (1)
drew up a Declaration of Rights (a series of resolutions declaring
that the colonists were entitled to certain rights: life, liberty
and property, the right to vote their own taxes and the right to
trial by jury; that these rights had been violated by the King and
by Parliament since 1673; that unjust taxes and standing armies
had been imposed upon them and their local assemblies unfairly
interfered with by Parliament; that their repeated petitions for
a redress of their grievances had been practically ignored in
England) and (2) adopted "a non-importation, non-consumption and
non-exportation agreement" called the Continental Association Plan.
It should be noted that complete separation from England was not
demanded at this time but rather cooperation from, and peace under,
English rule. The session lasted approximately seven weeks, and then
on October 26, 1774, after a motion had been passed setting May
10, 1775 as the date of a second congress meeting, the session was
adjourned to await a reply from the King of England.
The resolutions passed by this Congress were circulated throughout
the colonies for their approval. All sections of the Virginia colony
approved them, even sections as far west as the area now occupied by
the State of Kentucky. Two illustrations of such approval are the
Fairfax Resolutions and the Fincastle Resolutions. The freeholders
of Fairfax County met in Alexandria in July 1774 and passed the
so-called Fairfax Resolutions, written by George Mason. The Fairfax
Resolutions or Resolves, as they are sometimes called, reflected
Virginia's attitude toward taxation, Parliament and even the
King. In January 1775, at Lead Mines, Fincastle County seat, the
freeholders met and prepared a paper congratulating and thanking the
Virginia delegates for their part in the First Continental Congress.
These Fincastle Resolutions also included strong written opposition
to English tyrannical power.
In November 1774, Virginia had a tea party, similar in purpose to
Boston in that it was an act of defiance against Great Britain's
tea tax. On November 7, the Virginians discovered that a British
ship, "Virginia," which had docked in the York River at an earlier
date, contained tea cargo. The Committee of Safety for York County
immediately sent to the House of Burgesses (which was meeting at
Williamsburg) a message in the form of a protest against accepting
this tea for sale in the colony. The Committee received a reply to
the effect that the matter would be discussed in the House and an
answer would be forthcoming the next Monday morning. Large groups
of people gathered at Yorktown where the boat had been docked and
waited for the reply. The House of Burgesses failed to send the
reply, and the captain of the ship declared that he had received no
message. The Committee waited a while longer and then proceeded to
throw the tea out of the ship's hold into the York River. By this
time, the Yorktown inhabitants had been informed of the "Intolerable
Acts" which had been passed to punish the inhabitants of Boston.
Therefore, they filled the ship with necessary supplies and sent it
to the Bostonians. This incident was another example of the methods
by which the colonists were learning to unite and to help each other
in their common objectives.