CHAPTER XIX.

_Dr. Walker's Exploration--Bacon's Rebellion, so-called--The

Fredericksburg Declaration--The Great Orator--Resolutions of

Separation from Great Britain--Virginia Bill of Rights, &c._

It has been said, probably by the facetious or perhaps by the envious--for

such are to be found in all communities--that Virginians are noted for

their bragging--that find them where you may, at home surrounded by

friends and companions, or abroad among strangers and aliens--bragging is

their distinguishing characteristic. It is not probably known whether this

charge has ever been investigated and passed upon by any competent

authority, but if it has been, and the charge was pronounced true--or if

the truth of the charge were admitted by the parties themselves, they can

plead justification, and should be readily excused upon the ground that

they really have something to boast of in the patriotism, endurance,

sacrifices and achievements of a glorious ancestry. If the people of other

parts of the country have whereof to boast, Virginians have more, and

those in that part of Virginia in which Fredericksburg is located may well

take the lead.

In this and the two succeeding chapters we propose to show what has been

accomplished for this great country by the sons of Virginia, who have

lived in Fredericksburg and within a radius of sixty or seventy-five miles

of Fredericksburg, and show that in the extension of the borders of our

infantile country, in protecting the settlers from the ravages of the

brutal savages, in agitating, fostering and demanding the rights of the

people, in opposing and resisting the unjust laws and oppressions,

usurpations and unreasonable exactions of sordid and wicked rulers, in the

separation, by solemn resolutions and declarations of this country from

Great Britain, in uniting and defending the colonies and in achieving the

independence of the country, in forming and administering the government,

in numbering it with the family of the nations of the earth, and placing

it upon the high road to prosperity and national greatness, Virginians

were ever in the van, and others followed their leadership and reaped

the rich fruits of their splendid achievements and their glorious

victories. And this we do, not in any spirit of vanity, but that there may

be grouped together and brought to public attention, in permanent form,

historical facts, if known to the public, long forgotten and

unappreciated, that Fredericksburg may be placed, where it rightly

belongs, as the most historical spot in the most historical State in this

great nation, that will soon, if it does not now, dominate the nations of

the earth and fully justify her sons in recounting their deeds, if it

shall be termed bragging.

[Illustration: The present Postoffice Building at Fredericksburg. (See

page 165)]

[Illustration: Tombstone marking grave of William Paul, brother of

Commodore John Paul Jones, in St. George's burial ground. (See page 237)]

DR. WALKER'S EXPLORATION.

It was Dr. Thomas Walker, of Albemarle county, a Virginian, who, with five

companions, in 1750, explored the wild country, which now forms the States

of Tennessee and Kentucky, and named that chain of mountains and the

beautiful river that flows through the valley, Cumberland, in honor of the

Duke of Cumberland, and then crossed over the country to the head waters

of the Kentucky river and gave it its name, which furnished a name for

that great and prosperous State.

BACON RESISTS OPPRESSION.

It was Nathaniel Bacon, of Henrico county, a Virginian, who first offered

resistance to the colonial authorities in defence of the lives, liberties

and property of the people and put forth a declaration of principles,

which were the guiding star for those who came after him until

independence was achieved, with all of its blessings and glorious fruits.

In his United States History Dr. Howison says: "In the great declaration

adopted by them in 1776, just one hundred years after the movements under

Bacon, we find embedded not less than five principles among the most

weighty and potent that justified the overthrow of the English rule, all

five of which were in active movement to produce the uprising of the

Virginia people in 1676. These five principles were:

1. The right to civil and religious liberty--'life, liberty and the

pursuit of happiness';

2. The right to throw off a government which had 'cut off their trade

from all parts of the world';

3. Which had 'imposed taxes on them without their consent';

4. Which had 'taken away their charters, abolished their most valuable

laws and altered fundamentally the powers of their government';

5. Which had 'excited domestic insurrections among them and had

endeavored to bring on the inhabitants of their frontiers the

merciless Indian savages, whose known rule of warfare is an

undistinguished destruction of all ages, sexes and conditions.'"

Mrs. An. Cotton, who wrote an account of this Bacon movement the year it

occurred, and who did not fully endorse all that Bacon did, states that a

large council was held on Bacon's premises in May, at which Bacon charged

that the authorities were guilty of wrong in their eagerness to get rich;

that some persons were rich who were guilty of unjust methods in obtaining

their wealth; that the authorities were doing nothing to encourage the

arts, sciences, schools of learning or manufactories; that the Governor

approves the lawlessness of the Indians against the settlers, and declines

to interfere because it might diminish his revenue in trading with them;

that the Governor refuses to admit an Englishman's oath against an Indian,

where he accepts the bare word of an Indian against an Englishman; that

the Governor is monopolizing the beaver trade in violation of law; that

the traders at the heads of the rivers, being the Governor's agents, buy

and sell the blood of their brethren and countrymen by furnishing the

Indians with powder, shot and firearms contrary to the laws of the colony;

and that Col. Cowells asserted that the English were bound to protect the

Indians, even if they had to shed their own blood.

At the conclusion of Bacon's address the Council agreed to three things:

1. To aid with their lives and estates General Bacon in the Indian war. 2.

To oppose the Governor's designs, if he had any, against the prosecution

of the war. 3. To protect the General, the army and all who agreed to the

arrangement against any power that should be sent out of England, until it

was granted that the country's complaint might be heard against the

Governor before the King and Parliament.

The premature death of Bacon occurring, and no competent person to take

the lead being found, the movement soon ceased, the troops disbanded and

went home, and many of those who aided Bacon in protecting the lives and

property of the settlers were put to death by Governor Berkley on the

charge of treason. Thomas Matthews, said to be a son of Gov. Matthews, and

who at that time represented Stafford county in the House of Burgesses,

was appointed by Bacon to the command of all the forces in this part of

Virginia, but he probably had not the courage or means to carry out

Bacon's plans.

Bacon died from a cold contracted in camp and was buried in Gloucester

county, but for fear the authorities would exhume the body and subject it

to indignities, the place of his burial was kept a secret. Bacon's effort

for the people was just one hundred years before the great revolution, and

when we are fully informed as to his cause of action we may debate in our

minds as to whether Nathaniel Bacon was our first Thomas Jefferson or

whether Thomas Jefferson was our second Nathaniel Bacon.

FIRST DECLARATION OF INDEPENDENCE.

It was in a public gathering in Fredericksburg on the 29th day of April,

1775, that resolutions were passed, approaching in spirit a declaration of

independence, which was twenty-one days before the resolutions of

Mecklenburg, North Carolina, were adopted. The resolutions, adopted in

North Carolina, found their way into print and into the histories, while

those passed in Fredericksburg did not; but they were the first adopted

anywhere in the country, and more than six hundred men were ready to carry

them into effect by marching to Williamsburg to redress wrongs which had

been committed by Gov. Dunmore in removing the gun powder from the public

magazine. Some regard this act as the beginning of the great revolution in

the colonies. It was to prepare the people for any breach of the law or

outrage upon the people's rights, which had been threatened by the

authorities at Williamsburg, and commenced in the gunpowder act, that the

Fredericksburg resolutions were adopted, and the great pity is they were

not handed down to succeeding generations and preserved as the first

Declaration of Independence since the days of Bacon. In referring to these

resolutions, Dr. Howison, in his United States History, says, they were

tantamount to a declaration of independence.

HENRY LEADS FOR LIBERTY.

It was Patrick Henry, of Hanover county, a Virginian, at the time living

in and representing Louisa county, who fired the country with his

matchless eloquence and set in motion forces that achieved liberty and

independence to this country. It was this peerless son of Virginia, in the

House of Burgesses, surrounded by such giant minds as Bland, Pendleton,

Lee and Wythe, that the torch of liberty was set on fire that was never to

be extinguished. We quote from Dr. Howison's United States History:

"He wrote on the blank leaf of an old law-book five resolutions which

he offered to the House. They were a strong protest against the course

of Parliament. The third declared that taxation by the people

themselves, or their representatives duly chosen, was an essential

characteristic of British freedom. The last resolution was in these

words:

"'Resolved, therefore, that the General Assembly of this colony have

the sole right and power to lay taxes and impositions upon the

inhabitants of this colony; and that every attempt to vest such

power in any person or persons whatsoever, other than the General

Assembly aforesaid, has a manifest tendency to destroy British as

well as American freedom.'

"A warm debate ensued. Pendleton, Bland, Wythe and Randolph all

opposed the resolutions; but Henry was the master mind, and made an

impression which is felt to this day. His words were pregnant with a

nation's freedom. In the heat of the debate occurred a memorable

scene. Patrick Henry reached a climax. 'Cæsar,' he cried, 'had his

Brutus; Charles the First, his Cromwell, and George the

Third'--'Treason'! burst from the lips of the president. 'Treason,'

'Treason!' resounded through the house. The orator paused; then,

raising himself to his full height, with eyes of fire and a voice

which thrilled every soul, he concluded his sentence, 'and George

the Third may profit by their example. If this be treason make the

most of it.'

"The resolutions were adopted by one vote, and that evening Patrick

Henry left for his home. In March, 1775, the Virginia Convention met

in St. John's church, Richmond. It was a body of the most

distinguished men in Virginia, and among them was Patrick Henry. He

was still far in advance of the leading men of the convention, who,

although there were English fleets in the waters of Virginia and armed

soldiers quartered within her towns, still hoped that the evils

complained of could be remedied by compromise.

"Henry did not think so, and he was unwilling to sit down quietly

until it would be too late to prepare for defense. He submitted a set

of resolutions, calling attention to the presence of British armies

and the dangers then threatening American freedom, and proposed that

Virginia should be put in a state of defense, and that measures should

at once be taken for embodying, arming and disciplining such a number

of men as may be sufficient for that purpose."

The proposition was strongly opposed by such men as Bland, Nicholas,

Pendleton and Harrison. Dr. Howison says: "It was now that Patrick Henry

appeared in power. Rising slowly from his seat, he made an appeal which in

eloquence and strength, and in its effect upon the future of the world,

went far beyond any effort of oratory ever previously made. It was the

demonstration that the coming war was to be a war of ideas and principles,

and not a mere war of brute force." No perfect production of this speech

has been preserved--perhaps none were possible; yet enough has been

preserved to enable the thoughtful student to feel something of its

inspiration:

"Let us not, I beseech you, sir, deceive ourselves. We have done

everything that could be done to avert the storm which is now coming

on. We have petitioned--we have remonstrated--we have supplicated--we

have prostrated ourselves before the throne and have implored its

interposition to arrest the tyrannical hands of the Ministry and

Parliament. Our petitions have been slighted; our remonstrances have

produced additional violence and insult; our supplications have been

disregarded, and we have been spurned with contempt from the foot of

the throne. In vain, after these things, may we indulge the fond hope

of peace and reconciliation. There is no longer any room for hope. If

we wish to be free--if we mean to preserve inviolate those inestimable

privileges for which we have been so long contending--if we mean not

basely to abandon the noble struggle in which we have been so long

engaged, and which we have pledged ourselves never to abandon until

the object of our contest shall be obtained--we must fight! I repeat

it, sir, we must fight! An appeal to arms and to the God of hosts is

all that is left us.

"There is a just God who presides over the destinies of nations, and

who will raise up friends to fight our battles for us. The battle,

sir, is not to the strong alone; it is to the vigilant, the active,

the brave. Besides, sir, we have no election. If we were base enough

to desire it, it is now too late to retire from the contest. There is

no retreat but in submission and slavery. Our chains are forged; their

clanking may be heard on the plains of Boston. The war is inevitable,

and let it come. I repeat it, sir, let it come!

"Gentlemen may cry, Peace! peace! but there is no peace. The war has

already begun. The next gale that sweeps from the North will bring to

our ears the clash of resounding arms. Our brethren are already in the

field. Why stand we here idle? What is it that gentlemen wish? What

would they have? Is life so dear or peace so sweet as to be purchased

at the price of chains and slavery? Forbid it, Almighty God! I know

not what course others may take; but as for me, give me liberty or

give me death!"

A dead silence followed this speech. The feelings it excited were too deep

for applause; but there was no longer any hesitation or division of

opinion. The proposal of Henry was adopted, and, in a short time, Virginia

was alive with military preparation.

There are two prophesies in this eloquent speech which were fulfilled; one

was that the clash of resounding arms would be heard by the next gale from

the North--the battle of Lexington was fought on the 19th of April; and

the other was that God would raise up friends to fight our battles for us.

Our independence could hardly have been secured without the aid of the

French, whom Lafayette led, and who were the friends that were raised up

for us by a kind Providence.

PENDLETON'S RESOLUTIONS.

It was Edmund Pendleton, of Sparta, in Caroline county, a Virginian, who

prepared, and Cary presented, resolutions defining the position of the

colonies and instructing the Virginia delegation to the General Congress

to vote for a declaration of separation from Great Britain. These

resolutions were heartily indorsed by the troops that had assembled at

Williamsburg, and even by those leading Virginians who so strongly

condemned Patrick Henry's first great speech.

It was Richard Henry Lee, of Westmoreland county, a Virginian, who

offered, in the Colonial Congress, the resolution that embodied the views

expressed in the Pendleton resolutions, and which brought forth the

Declaration of Independence. The resolution was submitted on the 7th of

June, 1776, which was as follows:

"That these United Colonies are, and of right ought to be, free and

independent States; that they are absolved from all allegiance to the

British Crown; and that all political connection between them and the

State of Great Britain is, and ought to be, totally dissolved."

The discussion of this resolution showed the temper of Congress, and while

the vote was postponed at the instance of some members who still thought

such a measure premature, a committee to prepare and bring forward a

declaration was appointed, of which Thomas Jefferson was made chairman.

Mr. Lee, a member of the committee, was called home because of the

sickness of his wife, but Mr. Jefferson sent him the original copy of the

draft and also the amendments for his inspection, and wrote him: "You

will judge whether it is the better or worse for the critics."

GEORGE MASON'S BILL OF RIGHTS.

It was George Mason, of Gunston Hall, a native of Stafford county, a

Virginian, who wrote the Virginia Bill of Rights and the Constitution of

Virginia. The fact that Mason was a farmer, and not a lawyer, has been

emphasized by several writers, and the fact that he prepared those

important documents, when there were so many eminent lawyers associated

with him in those stirring times, is a matter of surprise. But that he did

write them has never been disputed or questioned, and it was an honor that

linked his name with those of Jefferson and Madison, and will enshrine his

memory in the hearts of his countrymen for all time to come. And the honor

of preparing this important instrument is enhanced when we remember they

were almost original in thought as to most of the principles declared in

them. It is true that some have claimed that the Bill of Rights was based

upon the English Bill of Rights of 1689, yet that bill only asserted the

right of subjects to petition, the right of Parliament to freedom of

debate, the right of electors to choose their representatives freely, and

other minor privileges. These rights had been exercised by the Colonists,

but there were other rights dear to the people which they had not enjoyed

and were not permitted to enjoy, and there were grievous wrongs committed

upon the people that had to cease.

These things called for a different kind of paper from the English Bill of

Rights and the times necessitated different demands than were made calling

forth the bill of 1689. A paper was needed setting forth the rights of

freemen and providing for the government of freemen, and it is asserted

that the Bill of Rights was a pattern for the Declaration of Independence,

while the Constitution was the first one that was written for the

government of a free and independent people in all the past history of the

world.

[Illustration: Public School Building (colored.) (See page 144)]

[Illustration: The Butterfield Monument. "In honor of the Fifth Army

Corps, and also to the valor of every American Soldier." Gen. Butterfield.

(See page 269)]

The Bill of Rights was adopted by the Virginia Convention on the 12th of

June, 1776, after it had been thoroughly discussed for several days. It

was written for Virginia and did not apply to the other colonies, yet

it is so complete in all its parts we are told that other State

constitutions, in defining the rights of the citizen, largely followed the

phraseology of this famous instrument. All Virginians should read it,

again and again, study it and treasure it as one of the most precious

legacies bequeathed to them. The following is the bill in full:

1. That all men are by nature equally free and independent and have

certain inherent rights of which when they enter into a state of

society, they cannot, by any compact, deprive or divest their

posterity; namely, the enjoyment of life and liberty, with the means

of acquiring and possessing property, and pursuing and obtaining

happiness and safety.

2. That all power is vested in, and consequently derived from, the

people; that magistrates are their trustees and servants, and at all

times amenable to them.

3. That government is, or ought to be, instituted for the common

benefit, protection and security of the people, nation or community;

of all the various modes and forms of government, that is best, which

is capable of producing the greatest degree of happiness and safety,

and is most effectually secured against the danger of

maladministration; and that, when any government shall be found

inadequate or contrary to these purposes, a majority of the community

hath an indubitable, unalienable and indefeasible right, to reform,

alter or abolish it, in such manner as shall be judged most conducive

to the public weal.

4. That no man, or set of men, are entitled to exclusive or separate

emoluments or privileges from the community, but in consideration of

public services; which, not being descendible, neither ought the

offices of magistrate, legislator or judge be hereditary.

5. That the legislative, executive and judicial powers should be

separate and distinct; and that the members thereof may be restrained

from oppression, by feeling and participating in the burdens of the

people, they should, at fixed periods, be reduced to a private

station, return into that body from whence they were originally taken,

and the vacancies be supplied by frequent, certain and regular

elections, in which all, or any part of the former members, to be

again eligible, or ineligible as the laws shall direct.

6. That all elections ought to be free; and that all men having

sufficient evidence of permanent common interest with, and attachment

to, the community have the right of suffrage and cannot be taxed or

deprived of their property for public uses, without their own consent

or that of their representatives so elected, nor bound by any law to

which they have not, in like manner, assented for the public good.

7. That all power of suspending laws, or the execution of laws, by any

authority, without the consent of the representatives of the people,

is injurious to their rights, and ought not to be exercised.

8. That in all capital or criminal prosecutions, a man hath the right

to demand the cause and nature of his accusation, to be confronted

with the accusers and witnesses, to call for evidence in his favor and

to a speedy trial by an impartial jury of twelve men of his vicinage,

without whose unanimous consent he cannot be found guilty; nor can he

be compelled to give evidence against himself; that no man be deprived

of his liberty, except by the law of the land or the judgment of his

peers.

9. That excessive bail ought not to be required, nor excessive fines

imposed, nor cruel and unusual punishments inflicted.

10. The general warrants, whereby an officer or messenger may be

commanded to search suspected places without evidence of a fact

committed, or to seize any person not named, or whose offence is not

particularly described and supported by evidence, are grievous and

oppressive, and ought not to be granted.

11. That in controversies respecting property, and in suits between

man and man, the ancient trial by jury of twelve men is preferable to

any other, and ought to be held sacred.

12. That the freedom of the press is one of the great bulwarks of

liberty, and can never be restrained but by despotic governments.

13. That a well regulated militia, composed of the body of the people,

trained to arms, is the proper, natural and safe defence of a free

people; that standing armies, in times of peace, should be avoided, as

dangerous to liberty; and that in all cases, the military should be

under strict subordination to, and governed by, the civil power.

14. That the people have a right to uniform government; and therefore

that no government separate from, or independent of, the government of

Virginia, ought to be erected or established within the limits

thereof.

15. That no free government, or the blessings of liberty, can be

preserved to any people, but by a firm adherence to justice,

moderation, temperance, frugality and virtue, and by a frequent

recurrence to fundamental principles.

16. That religion, or the duty which we owe to our Creator, and the

manner of discharging it, can be directed only by reason and

conviction, not by force or violence; and therefore all men are

equally entitled to the free exercise of religion, according to the

dictates of conscience; and that it is the mutual duty of all to

practise Christian forbearance, love and charity towards each other.

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