From the Papers of the Virginia Historical and Philosophical Society.
We have been permitted to transfer to our pages the subjoined papers
in possession of the Historical Society, which will doubtless afford
much gratification to our readers. The first is an extract from a
manuscript which was the property of the late venerable and learned
Chancellor Wythe, and seems to have been copied by him, or for his
use, from the "Breviate Book" of Sir John Randolph, who was attorney
general of the Colony in 1734. This extract contains biographical
sketches of John Holloway and William Hopkins, two prominent members
of the bar at that early period. The orthography of the original has
been preserved.
The second is an interesting record of the proceedings of a patriotic
band in Norfolk Borough and County in the early part of the
Revolutionary war, associated under the brief and imposing title of
"Sons of Liberty." This document breathes a noble spirit of resistance
to tyranny in our ancestors, which we may fondly hope their
descendants will never cease to cherish and emulate. It was presented
at the last meeting of the Society by Dr. Barraud, whose letter we
also take pleasure in publishing.
The third paper, is an authentic narrative of an Indian attack upon
Wheeling Fort in 1777, furnished by one of the survivors, who is now
living in the county of Brooke. This document was communicated by
William McCluney, Esq. of Wellsburg, and has once appeared in the
"Brooke Republican." Mr. McCluney states, that Captain Samuel Mason,
the commander of the fort, was afterwards the famous Mississippi
robber.
* * * * *
Taken from Sir John Randolph's Breviate Book.
On the 14th of December, 1734, died suddenly of a fit, John Holloway,
Esq., after having languished about ten months with a sort of
epilepsie at certain times of the moon, which had much impaired his
memory and understanding. He had practised in this court upwards of
thirty years, with great reputation for diligence and learning; and
was so much in the good opinion of the court, that I have, upon many
occasions, known him prevail for his clients against reasons and
arguments much stronger and better than his. His opinions were by most
people looked upon as decisive, and were very frequently acquiesced in
by both parties, those against whom he pronounced being discouraged
from disputing against so great authority. He practised with much
artifice and cunning, being thoroughly skilled in attorneyship; but
when his causes came to a hearing, he reasoned little, was tedious in
reading long reports of some cases, and little abridgments of others,
out of which he would collect short aphorisms, and obiter sayings of
judges, and rely upon them, without regarding the main point in
question, and arbitrarily affirm or deny a matter of law, which had
often too much weight, against the reason and difference of things. By
this method, he gained many causes which always gave him great joy;
but was as impatient if he lost one, as if it tended to a diminution
of his credit. He was blameable for one singular practice, in drawing
notes for special verdicts. He would state naked circumstances of
facts only, and leave it to the court to collect the matter of fact
out of them; so that, upon such verdicts, we have had many tedious
debates about what the fact was: whereas, if that had been found
positively as it should be, there would have been no need of a special
verdict. But against this I could never prevail. His greatest
excellence was his diligence and industry; but for learning I never
thought he had any, nor could it be expected he should. He had served
a clerkship; went a youth afterwards into the army in Ireland, in the
beginning of King William's reign; after that betook himself to
business, having got to be one of the attorneys of the Marshalsea
court; but not being contented with his income from that, turned
projector and ruined himself, which brought him first into Maryland,
and afterwards hither. I remember one particular instance, which
satisfied me his knowledge in the law was not very profound. An
ejectment was brought, (whether I was at first concerned in it I
forget,) and upon a special verdict the case was thus. A seized in fee
by deed, gave the land in question to B his daughter, for life, and
after her death, to her heirs forever. She sold it to the defendant,
and after her death, the plaintiff, B's heir, claiming as a purchaser
in remainder, brought this action to recover. When I saw this, I told
the plaintiff, who was my client, I could not say one word for him,
not knowing a more certain rule of law than this:--that where by will
or conveyance, any estate of freehold is given to the ancestor, and by
the same writing an estate is limited to his heirs, that makes a fee,
[heirs] being there a word of limitation, and not of purchase. Yet the
defendant, by this eminent lawyer's advice, gave up the land without
argument, upon the plaintiff's allowing him to remain in possession
some short time longer; when if the matter had been brought to a
hearing I would not have said one word. However, his reputation was
such, that he was universally courted, and most people thought
themselves obliged to him, if he would engage their side upon any
terms; and he really thought so himself. This gave him great
opportunities of exacting excessive fees; which I have heard he always
did, where the value of the thing in question would allow it: and
covered great blemishes in one part of his private life, besides many
imperfections of his mind, which any body might observe who knew any
thing of him. He was of a haughty, insolent nature; passionate and
peevish to the last degree. He had a stiffness in his carriage which
was ridiculous, and often offensive; and was an utter stranger to
hospitality. He was sincere in his friendship, where he professed
any,--but not constant; apt to change upon small provocations, and to
contract new friendship upon very slight grounds, in which he would be
very warm and ready to do all good offices. One of his greatest
defects was that he would always bring his opinion and friendship to
agree. But what he wanted in virtue and learning to recommend him, was
abundantly supplied by fortunate accidents. He was fourteen years
speaker of the House of Burgesses, and eleven years public Treasurer.
But in those he acted with little applause, and less abilities; though
he was three times chosen, and once unanimously. His management of the
treasury contributed to his ruin, and brought him to the grave with
much disgrace. I was always his friend, and had a great deal of reason
to believe him mine. Yet it was impossible to be blind to so many
imperfections. He died, little lamented, in the sixty-ninth year of
his age.
* * * * *
In a few daies afterwards, in London, died William Hopkins, Esq. who
had practised in this court about eighteen years, and in that time, by
hard study and observation, he made a surprising progress; became a
very ingenious lawyer and a good pleader, though at his first coming
he was raw and much despised. But he had a carelesness in his nature,
which preserved him from being discouraged, and carried him on till he
came to be admired. He had a good foundation in school learning;
understood Latin and French well; had a strong memory, a good
judgment, a quickness that was very visible, and a handsome
person;--all mighty advantages. But his manner was awkward; his temper
sour, if it was to be judged by the action of his muscles; and was
given, too much given, to laugh at his own discourses.
When he had brought himself into good business, he almost totally
neglected it; which I believe was owing to a desire of dipping into
all kinds of knowledge, wherein he had a great deal of vanity, and
prevented his digesting what he had so well as he would have done
otherwise. He had many good qualities in his practice; was moderate in
his fees; ingenious and honest; never disputed plain points, but was a
candid, fair arguer. Yet he had a failing, which brought him to a
quarrel with me. It was an odd sort of pride, that would not suffer
him to keep an equilibrium in his own conceits. He could not see
himself admired, without thinking it an injury to him to stand upon a
level with any other; and therefore, though I was always his friend,
had done him many kindnesses, and he himself thought himself obliged
to me, he came into so ill a temper, as not to allow me either
learning or honesty; which broke our acquaintance--and after that I
thought I discovered some seeds of malice in him. He died in the
flower of his age, and may be justly reckoned a loss to this poor
country, which is not like to abound (at present at least) in great
genius's.
* * * * *
_Norfolk, January 16th, 1835_.
SIR: I herewith transmit you (with a request that if you shall deem it
proper, it may be presented to the next meeting of the Virginia
Historical and Philosophical Society,) a copy of an ancient Record of
the Actings and Doings of certain inhabitants of the Borough and
County of Norfolk, associated under the name of "Sons of Liberty."
This record has lain (tradition relates) in the office of the clerk of
this Borough from its date; unknown to the world at large, and
unnoticed even by many of the inhabitants themselves. The moment my
attention was called to it, it appeared to me entitled by its
antiquity and the generous spirit of patriotism and self-devotion
which it so strongly breathes, to a place in the records of a society
whose laudable purpose is to rescue from oblivion (into which already
too many of the works of talent and deeds of patriotism of the state
have fallen,) the remaining monuments of the colonial and
revolutionary history of Virginia.
The letter of Richard Bland, (attached to the original, and which is
obviously autographic,) seemed to me particularly interesting, and to
deserve a place among the transactions of your society. That letter
characterizes the resolutions as "noble," and declares that "they will
remain lasting monuments of the public spirit of the Sons of Liberty,
and of their love to their country." To this end I very respectfully
tender them to your society, whose institution, allow me to say, I
hail as the dawn of a new era in the literature and science of the
commonwealth.
Be pleased to accept for your society, and yourself individually,
assurances of my high respect,