CHAPTER XIII

THE WIDENING RIFT

Francis Fauquier, who succeeded Dinwiddie as Lieutenant Governor, is

described as "a gentleman of most amiable disposition, generous, just,

and mild, and possessed in an eminent degree of all the social virtues."

When Thomas Jefferson was a student at the College of William and Mary,

he, together with Professor William Small and George Wythe, dined with

him frequently. "At these dinners I have heard more good sense, more

rational and philosophical conversations than in all my life besides,"

Jefferson said many years later.[1] Fauquier, who was an accomplished

musician, delighted in joining with Jefferson and several others in

weekly concerts in the lovely ballroom of the Palace. He was a member of

the Royal Society, and, if we may judge from the presence in his library

of a set of Palladio, a student of architecture.

When Fauquier arrived, on June 5, 1758, he found the colonists absorbed

in preparations to send strong forces to join General Forbes in his

expedition against Fort Duquesne. Ever since the French had established

themselves there it had been a nest from which swarms of Indians had

made raids on the frontier. "I found this colony zealous in his

Majesty's service, and very strenuous to support the common cause,"

Fauquier wrote the Lords of Trade.[2]

Secretary Pitt and General Abercrombie had written urging the Virginians

to exert themselves to the utmost. John Blair, President of the Council

and Acting Governor pending Fauquier's arrival, had called the Assembly

together and asked them to vote funds for a new regiment. The vote was

unanimous. They were eager to help in any attack on their "cruel

neighbors of Fort Duquesne." So now the colony resounded to the beat of

drums as officers brought in the recruits. Some ensigns raised ten, some

lieutenants twenty, some captains seventy. To supply the men with arms,

Blair stripped the magazine at Williamsburg and even took the muskets

from the Governor's Palace. Tents and kettles he ordered from

Philadelphia, pledging the credit of the colony to pay for them.[3]

This was the situation when Fauquier landed, and it gave him reason to

hope that Fort Duquesne would be in English hands early in the autumn.

When long delays made this unlikely, he summoned the Assembly to ask for

more funds. But now he was confronted with a perplexing problem. It had

long been the practice for the House of Burgesses to make their Speaker

the Treasurer of the colony. Dinwiddie, probably because of a grudge

against John Robinson, who held these two offices, had recommended their

separation. The Board of Trade approved and directed Fauquier to see

that this was done.[4] But the Governor held back. He was not long in

finding that Robinson was the most popular man in Virginia, the idol of

the people whether rich or poor. Had he insisted that someone else be

made Treasurer, the Burgesses would not have voted a penny for the

expedition. Fearing that the Board's instruction might be whispered

around and come to Robinson's ear, he decided to take him into his

confidence and place the whole matter before him. The Speaker was much

gratified. "I am told by those who know his character that I have

attached him to me in the strongest manner by the openness of my

behavior," Fauquier wrote the Board.[5] So the supply bill went through

with a rush. But the Board must have realized that their authority in

the colony had sunk to a new low when the Governor not only ignored

their orders, but thought it necessary to apologize for them in order to

curry favor with the Speaker of the House.

In the meanwhile, things were going well in the war. Under the able

leadership of Pitt, Great Britain had poured men and money into the

colonies, and replaced the incompetent Loudoun with the able General

Jeffrey Amherst. A blow of great importance for Virginia was struck when

a small force captured Fort Frontenac at the outlet of Lake Ontario.

This cut the French line of communication with the west and made Fort

Duquesne untenable. So this key position fell without firing a shot. As

Forbes' army approached, the garrison blew up the fort, and taking to

their canoes fell down the Ohio.

Fauquier congratulated himself for his part in this success. He had kept

the Burgesses in good humor; he had obtained the funds needed to keep

the Virginia troops in the field. If he had been lax in defending the

King's prerogative, surely the end justified the means. So he was not a

little piqued when he received a reprimand from the Board of Trade.

The trouble stemmed from the fact that tobacco provided a very poor

standard of value. When the crop was bountiful its purchasing power

fell, if the summer were dry and the leaves withered in the field, it

doubled or tripled. In the first case debts and taxes could be paid at a

low value, in the other the value might be so great as to threaten

widespread injustice and suffering.

In 1748 by an act of Assembly the salary of the clergy had been fixed at

16,000 pounds of tobacco. This law had received the King's assent, and

according to the "ancient constitution," could not be repealed without

his approval. Yet, seven years later, when there had been a severe

drought, the Assembly passed an act permitting payment of all

obligations in money at the rate of two pence a pound. The law was to

continue in force for ten months only, and there was no clause

suspending its operation until the King had given his assent.

The clergy were bitter. They thought it hard that when the price of

tobacco was low they were forced to accept it, but when it was high they

were to be paid in money at one third the market price of tobacco. In a

petition to the House of Burgesses they pointed out that their average

income was so inadequate that they found it difficult to support their

families. It was this which explained why so few graduates of Oxford and

Cambridge entered the ministry in Virginia, and why so few in the colony

thought it worth while to study divinity.[6]

A delegation of four ministers called on Governor Dinwiddie to urge him

to veto the bill. But Dinwiddie, who was begging for funds and troops,

had no stomach for a conflict with the Assembly over this affair. "What

can I do?" he told them. "If I refuse to approve the act, I shall have

the people on my back." So he signed the bill.

Unwilling to let the matter rest here, ten of the ministers, among them

the Reverend Patrick Henry, uncle of the statesman, appealed to the

Bishop of London. The unjust Two-penny Act would lower them in the eyes

of the people, it would discourage them in the discharge of their duty.

And, to clinch their argument, they pointed out that their cause was

also the cause of the King. "Our salaries have had the royal assent and

cannot be taken from us or diminished in any respect by any law made

here without trampling upon the royal prerogative."[7]

Three years later, when again there was a "prodigious dimunition" in the

tobacco crop, the Assembly acted to give relief to debtors and taxpayers

by again making obligations payable in money at tuppence a pound. This

time the clergy made no appeal to the Burgesses, but Commissary Dawson,

John Camm, and Thomas Robinson went to the Palace to urge Fauquier to

veto the bill. Note that it has no suspending clause, they said. Note

that it alters a bill to which the King gave his assent. If you let it

pass, will you not be ignoring your instructions?[8]

But Fauquier was as much in need of funds as Dinwiddie had been. He

answered that that was not the point to be considered. What was

important was what would please the people. So he gave the act his

approval. "The bill was a temporary law to ease the people from a burden

which the country thought too great for them to bear," he wrote the

Lords of Trade. "A suspending clause would have been to all intents and

purposes the same as rejecting it.... The country were intent upon it

... and I conceived it would be a very strong step for me to take ... to

set my face against the whole colony.... I am persuaded that if I had

refused it, I must have despaired of our gaining any influence either in

the Council or the House of Burgesses."[9]

But the clergy were determined to bring the matter to an issue.

Commissary Dawson advised caution, but pressure from other ministers

forced him to call a convention. When they met they not only vented

their indignation in many denunciations of the Two-penny Act, but drew

up an address to the King entitled "The Representation of the Clergy."

In it they hammered on the point that their cause was his cause. The act

was as injurious to the royal prerogative as to the rights of the

Church. "It gives us great concern that an ancient, standing law of this

dominion, confirmed by the sanction of the royal assent, is no security

to our livings."[10]

This appeal they entrusted to the Reverend John Camm with instructions

to place it in the King's hands. Camm, who later became Commissary,

President of the College of William and Mary, and a member of the

Council, was a man of great ability, but according to Fauquier,

turbulent and delighting "to live in a flame." On his arrival in England

he obtained an interview with the King and delivered the

"Representation." His Majesty referred it to the Privy Council, who, in

turn, handed it on to the Board of Trade.

This suited Camm exactly, for his trump card was the Bishop of London,

and the Bishop's influence with the Board was great. His Lordship was

exasperated at the presumption of the Virginia Assembly. "To make an act

to suspend the operations of the royal act is an attempt which in some

times would have been called treason, and I do not know any other name

for it in our law," he told the Board. "To assume a power to bind the

King's hands, and to say how far his power shall go and where it shall

stop, is such an act of supremacy as is inconsistent with the dignity of

the Crown of England." It manifestly tended to draw the colonists from

their allegiance to the King for them to find that they had a higher

power to protect them. "Surely it is time for us to look about us, and

to consider the several steps lately taken in the diminution of the

prerogative and influence of the Crown."

The Bishop denounced Governor Fauquier for signing the Two-penny bill.

"What made him so zealous in this cause I pretend not to judge, but

surely the great change which manifestly appears in the temper and

disposition of the people of this colony in the compass of a few years

deserves highly to be considered, and the more so as the Deputy

Governors and the Council seemed to act in concert with the people."[11]

The Board was duly impressed. They denounced the Two-penny Act as a

usurpation and advised the King to declare it null and void. Not only

did the King do so, but he gave Fauquier a stunning rebuke. "We do ...

strictly command and require you for the future, upon pain of our

highest displeasure, and of being recalled from the government of our

said colony, punctually to observe and obey the several directions

contained in the 16th article of our said instructions, relative to the

passing of laws...."[12]

Camm sent copies of these papers to Virginia, and when they were handed

around among his friends the clergy rejoiced. The King was on their

side, all would be well. Camm wrote to his attorney in Virginia to bring

suit in the General Court against the vestry of his parish for his

salary in tobacco. On the other hand, the people of the colony were

highly resentful against the clergy, and especially against the Bishop

of London. Colonel Landon Carter and Colonel Richard Bland wrote

pamphlets defending the Two-penny Act and denouncing his Lordship. To

the Bishop's contention that the act tended to draw the people from

their allegiance, it was answered that nothing was more apt to estrange

them than to deny them the right to protect themselves from distress.

His Lordship had called the act treason. "But were the Assembly to do

nothing? This would have been treason indeed." In case of an eventuality

which the Governor's instructions could not provide for, which could

bring ruin before relief could come from the throne, it was the duty of

the Assembly to deviate from the fixed rules of the constitution. The

preservation of the people could not possibly be treason.[13]

In the meanwhile Fauquier had been waiting impatiently for his copies of

the King's veto and his instructions in the matter. Month after month

passed and nothing came. Finally, late in June, ten months after they

had been written, Camm appeared with them at the door of the Palace.

Fauquier took them, and then denounced him for slandering him in

England. Then he called out in a loud voice for his Negro servants, and

when they had assembled, pointed his finger at Camm. "Look at that

gentleman and be sure to know him again, and under no circumstances

permit him to revisit the Palace," he said.[14]

As time passed the war of pamphlets was renewed. In 1763 Camm wrote

assailing Carter and Bland and trying to answer their arguments. But so

unpopular was the cause of the clergy that no one in Virginia would

publish what he wrote, and he had to have it done in Maryland. Bland

retorted in a letter in the _Virginia Gazette_, and Camm came back in a

letter which he called "Observations."[15]

Interest now centered on a test case in which the Reverend James Maury

brought suit for his salary in tobacco in the Hanover County court, in

November, 1763. The court declared the Two-penny Act no law, since it

had been vetoed by the Crown, and ordered that at the next court the

jury should determine how much damages, if any, should be paid. Maury's

case seemed as good as won, and the attorney for the defendants, Mr.

John Lewis, retired from the case. In his place they engaged a young,

little-known lawyer, named Patrick Henry.

It was on December 1, 1763, that a great crowd assembled at the Hanover

courthouse, filling the little room and overflowing into the yard. Among

them were twenty clergymen. But when Henry saw his uncle there, he

persuaded him to leave. John Henry, Patrick's father, presided. When

several gentlemen refused to serve on the jury, the sheriff was forced

to fill their places with men of the small farmer class. Several were

dissenters.

The case was opened by Mr. Peter Lyons, attorney for the plaintiff. When

he had concluded, Henry rose to reply. At first he seemed hesitant and

awkward. But soon he warmed up to his subject. His eyes kindled, his

gestures were bolder, he seemed to grow more erect, his voice resounded

through the room. His audience were spellbound, and on every bench, at

the door, in every window people leaned forward, their eyes fixed on the

youthful orator.

Henry contended that there was a contract between King and people. The

King owed the people protection; the people owed the King obedience and

support. But should either violate the contract, it released the other

from the obligation. The Two-penny Act was good and essential, and its

disallowance was a breach of the contract. It was an instance of

misrule, a neglect of the interests of the colony. The King, from being

the father of his people, became a tyrant who had forfeited the

obedience of the subjects. At this point Mr. Lyons cried out: "The

gentleman has spoken treason." And from various parts of the room arose

a murmur of "treason! treason!"

But Henry turned to the ministers seated before him and denounced them

and the rest of the clergy in blazing words for trying to triple their

salaries at the expense of the people. "Do they manifest their zeal in

the cause of religion and humanity by practicing the mild and benevolent

precepts of the Gospel of Jesus?... Oh no! Gentlemen. Instead of feeding

the hungry and clothing the naked these rapacious harpies would ...

snatch from the hearth of their honest parishioner his last hoe-cake,

from the widow and her orphaned child their last milch-cow."[16] At this

the ministers got up and left the room. When the jury brought in a

verdict of one penny damages, the throng shouted their approval. Strong

arms lifted Henry aloft and bore him out of the courthouse.

Henry's contention in essence was that the people of the colonies had a

right to govern themselves. And in this he was but finding legal

arguments for the existing state of affairs. The Assembly, after a

century and a half of battling with Kings and Governors, had made itself

to all intents and purposes supreme. In annulling the Two-penny Act the

King crossed lances with the representatives of the people and had come

off second best. The jury, sitting in the little country courthouse,

under the urging of an obscure lawyer, had defied him. Thus, two years

before the Stamp Act, Virginia inaugurated the policy of resistance.

Most of Henry's arguments were borrowed from the Carter and Bland

pamphlets, but whereas they pleaded, he secured positive action. In so

far as the Two-penny Act was concerned, the King's veto power was

annulled.

Bland summed up the constitutional argument behind this action in a

pamphlet written at the time of the trial but published only eight

months later. "Under an English government all men are born free, are

only subject to laws made by their own consent.... If then the people of

this colony are free born, and have a right to the liberties and

privileges of English subjects, they must necessarily have a legal

constitution, that is a legislature, composed in part of the

representatives of the people, who may enact laws for the INTERNAL

government of the colony, ... and without such a representative I am

bold to say no law can be made."[17]

But the stubborn Mr. Camm was determined not to give up. In April, 1764,

his cause came up in the General Court after a delay of five years. The

case against him was argued by Robert Carter Nicholas, who claimed that

when the Governor had approved a law it was legal, even though in so

doing he broke his instructions. A majority of the court[18] were

convinced and voted that the Two-penny Act of 1758 was valid despite the

King's veto.[19] Camm appealed the case to the Privy Council. It came

up in 1767, and was thrown out on a technicality. In this way they

avoided giving further offense to the colony without admitting the

validity of their claims.

The controversy over the Two-penny Act came at a time when the Board of

Trade was at odds with the Virginia Assembly over the repeated issues of

paper money. Had Dinwiddie and Fauquier not assured them that without

these issues there would have been no funds with which to carry on the

war, they would certainly have put a stop to them. As it was, all they

could do was to urge that steps be taken to prevent the paper from

declining in value and to protect the interests of the British

merchants.

Prior to 1757 each issue had borne five per cent interest, and taxes had

been voted for their redemption. But in April of that year the notes

were all called in and new ones issued in their place bearing no

interest. This, with a new issue of L80,000 brought the total to

L179,962.10.0. This was more than was needed to carry on the business of

the colony, and the value of the notes began to sink.[20] In 1748 an act

had been passed declaring that debts contracted in sterling could be

paid in Virginia currency at a twenty-five per cent advance, or one

pound five shillings for one pound sterling. But as the rate of exchange

was not long in rising above this figure, the merchants feared large

losses.

The London merchants, speaking not only for themselves, but for those of

Bristol, Liverpool, and Glasgow, laid their complaint before the Board

of Trade. The issuing of large amounts of paper money could be most

injurious to trade by putting it upon an uncertain basis, they said. And

to pay debts contracted in sterling in depreciated colonial currency was

as unjust as it was unwise. So they asked the King to instruct the

Governor to urge the Assembly to amend the act of 1748 to make all debts

due to persons in Great Britain payable according to the real difference

in exchange.[21]

It seems strange that the merchants and the Board of Trade did not know

that what they asked for had already been done. In 1755 the act of 1748

had been amended so as to direct the courts in cases where contracts had

been made in sterling, to order payment in Virginia money at the rate of

exchange they thought just.[22] "The merchants do not know the law,"

Fauquier wrote the Board. "Let the value of paper currency fall as much

as they please ... exchange will rise as fast, and they will obtain for

a sterling debt just as much of the paper currency as will purchase a

good sterling bill of exchange. And what injury is done them unless ...

the whole court combine in a barefaced villainy to defraud them?" At the

last court the exchange had been fixed at 35 per cent.[23]

The amendment to the law of 1748 had had no clause suspending its

operation until the King had given his assent, and, like the Two-penny

Act, was a clear infringement on the royal prerogative. But since it had

merely anticipated the King's wishes, it drew no rebuke from him. None

the less, it was one more step toward autonomy, one more demonstration

that in internal affairs the Virginians were a self-governing people.

The fixing of the rate of exchange quieted the merchants for the time

being, even though they looked on uneasily as Fauquier assented to

further emissions, for L57,000 in September, 1758; L52,000 in February,

1759; L10,000 in November, 1759; L20,000 in March, 1760; L32,000 in May,

1760; and L30,000 in March, 1762. The whole totalled nearly L413,000,

and William Hunter's printing press at Williamsburg was kept busy

stamping out notes of L10, L15, L3, 10 shillings, 3 shillings, etc. In

the meanwhile, only L51,156.10.0. had been retired and burnt, leaving

L362,000 in circulation.[24]

Long before this figure had been reached, opposition to paper money had

grown within the colony itself. The law which protected the British

merchants did not apply to Virginia creditors, since their contracts

usually had been made in the local currency. So, as the flood of paper

continued to mount, the small farmer or shopkeeper who had borrowed from

his wealthy neighbor, could pay him back in depreciated notes. And as

they were legal tender, he had to accept them. "Debtors pursued their

creditors relentlessly and paid them without mercy."

In 1762, though a bill to issue L30,000 in paper money passed the House

by a vote of 66 to 3, it hung fire in the Council. At the time there

were only six members in attendance, three of whom opposed any further

emissions, so Fauquier got the Speaker to hold back the bill while he

sent out a hurry call for the others. In the end the bill passed by a

vote of five to four. "On this occasion I have stretched my influence to

the utmost pitch," the Governor wrote the Board.[25] The four dissenting

Councillors--William Nelson, Thomas Nelson, Richard Corbin, and Philip

Ludwell Lee--all of them rich men, made a vigorous protest, which was

entered upon the Journal.[26]

Not satisfied with this, Corbin took the step, unusual for a member of

the Upper House, of complaining to the Board of Trade against an act of

Assembly. He was astute enough to base his case, not on his personal

losses, but on the losses to the revenue and to the merchants. Taxes had

been paid in the depreciated currency. In turn this had made it

impossible to meet the needs of the government and at the same time sink

the outstanding notes. As for the merchants, though it was true that

sterling contracts were to be paid at the current rate of exchange, and

though the judges who determined it seemed to be impartial, the rate

might rise from five to fifteen per cent between the date of their

decision and the date of settlement, to their great loss.[27]

When the British merchants heard that some of the most prominent men in

Virginia had sided with them in urging that an end be put to currency

inflation, they were encouraged to renew their complaints to the Board

of Trade. The Board, in turn, wrote Fauquier to urge the Assembly to

give them satisfaction. So the Governor, on May 19, 1763, addressed the

House, pointing out that common justice required that every man should

receive full payment for debts due him. And the support of the public

credit, so vital for a trading country like Virginia, made it absolutely

necessary to redeem the paper in circulation at the dates fixed by

law.[28]

The Burgesses responded by adding to the fund for sinking the paper

money by laying additional taxes on slaves, wheel carriages, licenses,

etc.[29] But they would not budge from their determination to keep all

the notes legal tender. And they made a long and able reply to the

Governor, drawn up by Charles Carter, Edmund Pendleton, Wythe, and

Richard Henry Lee, justifying their proceedings and claiming that the

merchants had no just grounds for complaint. In it they inserted a

declaration of American rights which the British Ministry would have

been wise to take to heart. Their dependence upon Great Britain they

acknowledged as their greatest happiness and only security. But this was

not the dependence of a conquered people, but of sons sent out to

explore and settle a new world for the mutual benefit of themselves and

their common parent. It was the dependence of the part upon the whole,

which, by its admirable constitution, diffused a spirit of patriotism

which made every citizen, however remote from the mother kingdom,

zealous for the King and the public good.[30]

But the merchants were far from being satisfied, and a group in Glasgow

sent another appeal to the Board of Trade. They thought that part of the

trouble came from the ease with which paper money could be

counterfeited. And they were sure that the hundreds of counterfeit

notes, passing from hand to hand in Virginia, partly accounted for the

enormous heights of exchange. But they supported the Assembly in

continuing the legal tender clause. To take it off might make the

currency debts "more fluctuating, uncertain, and less valuable." The

only effectual remedy was to forbid further issues of paper money, to

see that notes as they were brought into the treasury were duly burnt,

to order that circulating notes bear five per cent interest, and to

remedy any deficiency in the taxes.[31] When Parliament passed an act to

prohibit future emissions in the colonies, they seemed satisfied.

But there was a strong underlying sentiment in the colony against

burning the notes. The soil of tidewater Virginia, after a century and a

half of cultivation, was beginning to wear out, and thousands of acres

were gradually reverting to forest land. This, with war taxes and an

occasional drought, had brought hard times. But the planters, instead of

tightening their belts, continued the old extravagant mode of living by

borrowing money. "I fear they are not prudent enough to quit any article

of luxury till smart obliges them," observed Fauquier.[32] So for many

cheap money meant salvation from ruin.

These men made their influence felt in the House when a scheme for

borrowing L240,000 from the British merchants was passed in May, 1765.

Of this sum L100,000 was to be used for a new currency to replace old

notes, and L140,000 to be lent out at five per cent interest. But when

the bill came up to the Council it was bitterly opposed by Corbin and

finally defeated.[33]

In the meanwhile, people were wondering why the rate of exchange did not

drop. They were not ignorant of the quantative law of currency, and they

knew that the amount of paper in circulation ought to have been reduced

each year. So they were surprised to find it remaining between sixty and

sixty-five per cent. Behind this apparent contradiction of economic law

there must be some mystery.[34]

The mystery was explained in May, 1766, when a bomb exploded which shook

the colony from the capes to the Alleghenies. That month the beloved

John Robinson, Speaker and Treasurer, died. Fauquier had called him "the

darling of the country." The _Gazette_ lamented his loss and praised

"the many amiable virtues which adorned his private station."

So there was universal astonishment when the examiners of his accounts

found a deficit of L100,000. Robinson had not taken the money for his

own use. Even had he been dishonorable enough to do so, there would have

been no need for it, since he was one of the richest men in the colony.

What he had done was to lend his friends thousands of pounds from the

public funds.[35] In this he was guilty of two serious breaches of his

duty. Since the Assembly had refused to establish a public loan office,

he must have known that he had no right to do so on his own

responsibility. And there could be no excuse for his disregard of the

law which required that he burn the paper money as it came in.

But when his friends came to him in distress begging loans to save them

from ruin, he did not have the strength of character to refuse them.

Thousands of pounds went out to men in all parts of the colony, among

them members of some of the oldest and most distinguished

families--William Byrd III, Charles Carter, Jr., George Braxton, Henry

Fitzhugh, Lewis Burwell, etc. Robinson's estate was large enough to

cover all these loans, but it took many years for his executors to

recover even part of what was due him.

Robert Carter Nicholas, Robinson's successor as Treasurer, was bitter in

condemnation of what he had done. "The seeming mysteries of our exchange

now begin to unfold themselves," he wrote in a letter to the _Gazette_.

"It comes out that a great part of the money squeezed from the people

for their taxes, instead of being sunk ... was thrown back into

circulation." The Assembly had given their word that they would protect

the interests of the British merchants by burning the paper promptly on

the dates of their retirement. What must the world think when these good

intentions had been in part defeated by a strange kind of misconduct?

What made it worse was the need the colony had for the friendship of the

merchants at a time when the great men in England had their eyes fixed

upon all the Assemblies. "The consequences are as glaring as the sun in

the meridian."[36]

Nicholas saw to it that the law was obeyed. As the notes came in they

were burnt. As a result the exchange began to drop until in a few months

it became normal. The day of easy money was over, and the host of

debtors faced ruin. For many months the pages of the _Gazette_ were

crowded with notices of slaves and plantations for sale.

In the meanwhile, the century and a half old struggle between mother

country and colonies was rapidly approaching a crisis. The issue had

long been postponed because of the inactivity of the King's ministers,

who were content to close their eyes to what was going on across the

Atlantic. But the time was at hand when the question of whether the

Americans should be governed from London or should govern themselves had

to be settled.

This was in part due to the fact that as time passed Parliament had

grown less and less representative of the people. In Great Britain there

was no provision, as there is in the Constitution of the United States,

for periodic reapportionments of the people's representatives to keep

step with changes in population. For centuries most of the Commons had

been elected under a very restricted franchise by certain old boroughs.

Though with the passing of the decades many of these boroughs, once

centers of population and wealth, had fallen into decay, they still sent

their representatives to the House of Commons. Perhaps the most

notorious was Old Sarum, a city of Norman times, whose castle and

cathedral and crowded houses overlooked the Salisbury plain, but which

for centuries had been deserted. Unless the ghosts of men long dead were

to have a voice in running the nation, it was absurd for these old ruins

to be represented in the Commons. In practice the rotten borough system,

as it was called, tended to perpetuate the ascendency of the landed

proprietors.

And the country squires wanted no change. They thought the British

Government the best in the world, and were determined to defend their

privileges. It never occurred to them that duty required that they

should try to alleviate the miseries of the poor people; they were too

intent on enjoying their great manor houses, their formal gardens, their

stately dinners, their fox hunts, to heed the voices which were pleading

for social and political reform.[37]

But it would be a mistake to assume that Great Britain had become static

in intellectual, social, and institutional matters. On the contrary, the

first seven decades of the eighteenth century was a period of tremendous

activity. It was the period of Richardson and Fielding in literature, of

the great religious revival led by Wesley and Whitefield, of renewed

interest in Shakespeare, of the birth of industrial Britain, of the bold

defiance of authority by John Wilkes. Had Parliament truly reflected the

spirit of the age, had it not revered the old system of government as

the best attainable by man, it would have attuned itself to these

changes.

If the Commons were out of step with the march of events in Great

Britain, they were far more so with developments in the colonies. They

knew nothing of the influence of the vast natural resources and the

limited supply of labor in lifting the level of the common man and

giving him a sense of self-respect, nothing of the democratizing power

of the frontier. And what little they saw they disliked. No doubt some

would have applauded Samuel Johnson when he said of the Americans: "Sir,

they are a race of convicts, and ought to be thankful for anything we

allow them short of hanging."

With such irreconcilable differences between the ruling group in Great

Britain and the people of the colonies the conflict was inevitable. The

King, the Privy Council, the Board of Trade, the Commons construed the

many instances of colonial disobedience as attacks on the foundations

of the established order, as revolutionary innovations. To Americans

they seemed no more than the assertion of rights inherent in all free

men. And though many of their claims had no precedent in English

experience, they began to speak of them as ancient and necessary for the

existence of representative government.

That the clash came when it did was in part due to the passing of the

laissez-faire period in the British Government. New figures had made

their appearance at Whitehall, who had no patience with the old slipshod

way of doing things. They wanted a consolidated empire, ruled from

London, rather than a loose federation of semi-independent states. To

them it seemed intolerable that the colonial Assemblies should defy the

King at will. "Must we and America be two distinct kingdoms, and that

now immediately?" asked George Grenville.

The French and Indian War revealed much concerning conditions in the

colonies which surprised and alarmed the Ministry. They had found it

impossible to get the colonies to act in unison, they had defied the

King's wishes repeatedly, the Governors were kept busy explaining why

they had to disregard one instruction after another, they were disgusted

at the pouring out of paper money, and they must have been influenced by

the warnings that the Americans were too much of a republican way of

thinking. The advice to have Parliament lay a general tax on the

colonies had come, not only from Dinwiddie, but from various parts of

America.

The determination of the Ministry to follow this advice was based

ostensibly on the reasonableness of requiring the colonies to bear their

share of the burden of the expense of the war. It may be argued that

Virginia and some of the others, because of the disruption of trade, the

very heavy taxes, the devastation on the frontiers, and their heavy

losses in men, had already paid more than their share. But that there

was something deeper, more vital, behind the resolve to tax than a mere

matter of finance, is obvious. It was a demonstration of policy, a

manifesto that Great Britain was determined to govern her colonies.

When word reached America that the Ministry planned to tax the colonies

by a stamp Act, there was general dismay. There were many grave faces

among the Burgesses as they took their seats in November, 1764. Some of

the ablest men in Virginia, among them Peyton Randolph, Edmund

Pendleton, George Wythe, and Richard Henry Lee, drew up a protest to

the King and Parliament. They begged the King to protect the people of

the colony in the enjoyment of their ancient right of being governed in

internal affairs by laws derived from their own consent, with the

approbation of their sovereign or his substitute. This right, as men and

descendants of Britons, they had possessed ever since they left the

mother kingdom to extend its commerce and dominion.

To the House of Lords they pointed out that, as their ancestors had

brought with them to America every right and privilege they could claim

in the mother kingdom, their descendants could not justly be deprived of

them. It was a fundamental principle of the British Constitution,

without which freedom could nowhere exist, that the people are not

subject to any taxes except by their own consent or by those who were

legally appointed to represent them.

They reminded the Commons that this principle had been recognized ever

since the founding of the colony. During the reign of Charles II, when

the British Government sought a revenue to support the government of

Virginia, they had tacitly admitted that Parliament had no right to levy

the tax. Instead they drew up a bill in England and sent it over to be

acted on by the Assembly.[38]

As they penned this protest the thoughts of Wythe and the others must

have reverted to the part played by the control of taxation in winning

self-government for the colony. They spoke of their rights as ancient,

yet they must have known that the Virginia of their day was far freer

than it had been under the Stuarts. And there could be no doubt as to

how this great change had come about. They and their fathers and their

great-grandfathers had used the control of the purse to whittle the

royal prerogative until little was left. For Parliament to strike this

weapon from their hands would be to nullify the gains of many decades

and leave them defenseless.

When the bill to tax the Americans came before the Commons, on February

7, 1765, a lengthy debate followed. It was on this occasion that Colonel

Isaac Barre retorted to Charles Townshend's assertion that the Americans

had been "planted by our care, nourished by our indulgence." "Your

oppressions planted them in America," he shouted. "They grew up by your

neglect of them.... They protected by your arms! They have taken up

arms in your defence."[39] But when the Virginia memorial was presented

it was rejected by an overwhelming majority.[40] The bill passed the

Commons by 205 votes to 49, and the House of Lords without a division.

The measure required the colonists to use stamps, purchased from the

British Government through royal agents, on newspapers, almanacs,

pamphlets, advertisements, and various kinds of legal documents.

It was with heavy hearts that the Assembly met in May, 1765. Edmund

Pendleton, when news of the passage of the Stamp Act reached him, had

exclaimed, "Poor America!" As he, George Wythe, Richard Bland, Robert

Carter Nicholas, Henry Lee, Peyton Randolph, and other leading statesmen

took their seats, they had no thought of resistance. They proceeded with

routine business--the authorizing of a ferry over the Potomac, giving

rewards for killing wolves, opening a road through the Swift Run Gap,

preventing escapes from debtors' prisons, etc. Probably none of the

aristocrats from the tidewater paid any attention to young Patrick Henry

when he joined the House late in the session. When most of the bills had

passed the third reading many of the members left, and mounting their

horses rode out of town, leaving only thirty-nine to wind up business.

This was Henry's opportunity. Opening an old law book he wrote down

seven resolutions. Then, rising, he introduced them in the House. In

substance the first four declared that Virginians from the first

settlement had possessed all the privileges of the people of Great

Britain, that these privileges had been confirmed to them by two royal

charters, that the taxation of the people by themselves was the

distinguishing characteristic of British freedom, and that the people of

the colony had never forfeited the right to be governed by their own

Assembly in the articles of taxation and internal policy.

When Henry came to the fifth resolution there must have been a gasp of

surprise. It held that any attempt to vest the power to tax the colonies

in any other body than the Assembly was illegal, unjust, and

unconstitutional, and tended to destroy British as well as American

liberty. Henry did not introduce the other two resolutions, probably

because of the uproar which the reading of the fifth occasioned.

A violent debate ensued. George Wythe, John Robinson, Peyton Randolph,

and others thought the language too extreme. But what Fauquier described

as "the young, hot, and giddy members," were carried along by Henry's

eloquence. "Tarquin and Caesar each had his Brutus, Charles I his

Cromwell, and George III...." At this point he was interrupted by the

Speaker who declared that he had spoken treason. Henry denied that he

advocated treason. If he had said anything wrong, it should be

attributed to his concern over his country's dying liberty.[41]

The first four resolutions passed by safe margins, but the fifth barely

got by, by a vote of twenty to nineteen. In alarm the more conservative

members sent out a hurry call for such absent Burgesses as were still in

or near Williamsburg. When several had come in an attempt was made to

have the resolutions struck off the journal. They succeeded with the

fifth, Fauquier reported, "which was thought the most offensive," but

failed with the other four.[42]

Perhaps Henry, himself, as he left Williamsburg, wearing a pair of

leather breeches and leading his bony nag by the bridle, did not realize

that his resolutions would be the alarm bell of revolution. The

_Maryland Gazette_, the _Newport Gazette_, the _Boston Gazette_, and

other papers published them, not only the four which passed in the

House, but the other three as well. And the sixth and seventh were

radical indeed. They declared that the people of the colony were not

bound to obey any laws to tax them other than those passed by the

Assembly, and that any person who should uphold such laws "by speaking

or writing" should be deemed an enemy of the colony. It was the policy

of resistance.

Virginia was now aflame. It was rumored that groups of men from all

parts of the colony were preparing to march on Williamsburg to seize and

destroy the stamps as soon as they arrived. Many justices declared that

they would resign rather than use the stamps in the processes of their

courts, and it seemed certain that others would follow their example.

From Westmoreland came word that a mob had burned in effigy the stamp

distributor for Virginia, Colonel George Mercer, a native Virginian who

had served in the French and Indian War.[43] Fauquier waited anxiously

for his arrival with the stamps, praying that adverse winds would delay

him until the session of the General Court was over and the crowds of

merchants, persons involved in suits, debtors, witnesses, and others had

left town.

But the Fates were against him. Mercer arrived on October 30, and at

once went to his father's house. Having word of this, a crowd of men,

some of them leading citizens in their home counties, started off to

find him. As they approached the Capitol they met him and asked him

whether he intended to retain his office as stamp distributor. To this

he gave an evasive answer, and continued to the coffee house nearby

where Governor Fauquier, Speaker Robinson, and several members of the

Council were seated on the porch. The crowd, which had followed him,

pressed toward them and a cry was heard, "Let us rush in." But when

Fauquier and the others advanced to repel them, someone called out, "See

the Governor, take care of him." Upon this they fell back. And when

Mercer promised that he would give his answer at the Capitol the next

day at five, they seemed satisfied and permitted him to walk through

them side by side with the Governor to the Palace.[44]

In the meanwhile, word of Mercer's arrival had spread through the

countryside, so that the next day hundreds of persons poured into town.

As five o'clock approached a vast crowd assembled in the Capitol yard.

There Mercer spoke to them. His appointment had been unsolicited, he

said. He had not, as had been rumored, urged the passage of the Stamp

Act. "And now," he added, "I will not, directly by myself or deputies

proceed in the execution of the act ... without the assent of the

General Assembly of this colony." At this there was a great shout of

approval, and those near him raised him aloft and bore him out through

the gate to a nearby tavern. As they entered, the huzzas were redoubled,

while drums rattled, and horns blared. That night the town was

illuminated and bells rang out. The following night the occasion was

climaxed by "a splendid ball."[45]

As for the stamps, they never touched land. They were transferred to a

warship, "it being the place of the greatest, if not the only security

for them." If the mob could have laid their hands on them they would

certainly have gone up in flames.

Now in various parts of the colony men met to organize what they called

Sons of Liberty. The merchants of Norfolk, native-born Scotsmen many of

them, had a double grievance, since the Sugar Act threatened their trade

and the Stamp Act their liberty. In March about thirty leading citizens

met at the house of Mayor Calvert, where "they brought daylight on"

debating the best way to resist both acts. At their call the people

crowded into the courthouse to protest. "We will ... defend ourselves in

the full enjoyment of ... those inestimable privileges of freeborn

British subjects of being taxed only by representatives of their own

choosing.... If we quietly submit to the execution of the said Stamp

Act, all our claims of civil liberty will be lost, and we and our

posterity become absolute slaves."[46]

A few days later, when word went round that a certain Captain William

Smith had been responsible for the seizure of several vessels in the

Elizabeth River, he was arrested by a group of leading citizens.

Hurrying him to the County Wharf, they tarred and feathered him, set him

in the ducking stool, and pelted him with stones and rotten eggs. They

next marched him through the town with drums beating, ducked him again,

and at last threw him headlong into the water. Had not a passing boat

pulled him out, more dead than alive, he would have been drowned.[47]

At Hobb's Hole, Essex County, a merchant named Ritchie barely escaped

similar treatment. A number of men, hearing that he had boasted that he

could secure stamps and was determined to clear his ship with them,

marched on the town and drew up along the main street. They brought

Ritchie out and threatened to strip him to the waist, tie him to the

tail of a cart, and then fix him in the pillory. This was too much for

him. Reluctantly he swore on "the holy Evangels" that no vessel of his

would clear "on stamped paper." Thereupon most of the crowd dispersed,

and those living nearby went to the tavern "where they spent the evening

with great sobriety."[48]

The people of the colony were encouraged in their resistance to the

Stamp Act by articles in British gazettes and magazines, which were

reprinted in the _Virginia Gazette_. A writer in the _Gentleman's

Magazine_ contended that the act violated the British constitution,

which "declared that no Englishman is to be taxed without his own

consent." "I know very well I shall be told that though the Americans

are not immediately represented in the English Parliament, they are

nevertheless represented virtually.... But why, in the name of common

sense, if the mother country judged herself the virtual representative

of all her various dependencies, did she grant a provincial legislature

to her colonies, and from the time of their first existence invest this

legislature with the sole power of internal taxation?" For the colonists

to yield, he thought, would be to confess themselves slaves.[49]

And when the Virginians read the _Gazette_ they noted with satisfaction

that the disruption of trade was causing great distress in England. A

dispatch from Birmingham stated that unless the Stamp Act were repealed

twenty thousand persons would be out of work.[50] The merchants of

London petitioned the Commons for relief. Their trade with the colonies,

which was of such great importance to the nation, faced utter ruin, they

said. They could not collect debts due them in America, because the

Sugar Act and the Stamp Act had thrown the colonies into confusion and

brought on many bankruptcies. Unless these acts were repealed a

multitude of workers would become a burden on the community or else seek

their bread in other countries.[51]

It was late in May, 1766, that a vessel arrived in Virginia waters

bearing the news that the Stamp Act had been repealed. As horsemen

galloped along the roads and boatsmen in their shallops ascended the

great rivers, the word was passed from mouth to mouth. Everywhere there

was joyous celebration. At Great Bridge the people listened to a

patriotic sermon in St. Giles Church, and then went to the Banqueting

Room, where they raised their glasses in a series of toasts--to the King

and Queen, Colonel Barre, and others. At Hampton there was a banquet at

the Bunch of Grapes, followed by a ball at the King's Arms Tavern, while

outside there was a great bonfire.[52] The people of Williamsburg waited

for their celebration until the convening of the court when the town

was crowded. Then every house was illuminated, and there was "a ball and

elegant entertainment at the Capitol," marked by "much mirth" and the

drinking of toasts.[53]

With the French and Indian War brought to a successful conclusion, with

the problem of currency inflation settled, with the Stamp Act repealed,

it seemed that Fauquier might look forward to a period of harmony and

prosperity. But fate soon struck a cruel blow. In the summer of 1767 the

Governor became ill with a very painful disorder. And though, under the

care of Dr. Matthew Pope, of York, he became better, he never fully

recovered his health.[54] He died in the early hours of March 3, 1768.

In his will he directed that if the nature of his illness should not be

understood by his physicians, an autopsy be held on his body, so that he

might become more useful to his fellow creatures in death than he had

been in life. He desired, also, that he be buried "without any vain

funeral pomp."[55]

Francis Fauquier was an able, just, tactful Governor, who tried to do

his duty both to the King and to the colony. His was an extremely

difficult task. His sympathies seem to have been with the people. Living

among them, knowing their views, he must have deplored the policy of the

Ministry in trying to deprive them of the cherished right of

self-government. Great Britain's strongest link with America was not the

link of government, not even the economic link, but the link of

affection. And nothing tended more to strengthen it than the appointment

of such a man as Fauquier to be Lieutenant Governor of the largest of

the colonies. It would have been a lasting grief to Fauquier had he

lived to see the final separation of mother country and colonies.

FOOTNOTES:

[1] _The writings of Thomas Jefferson_, ed. A. A. Lipscomb, 14:231.

[2] CO5-1329, June 11, 1758.

[3] CO5-1329, Blair to Lords of Trade, June 20, 1758.

[4] _Official records of Robert Dinwiddie_ 1: 375.

[5] CO5-1329, June 28, 1758.

[6] Charles Campbell, _History of Virginia_, 508.

[7] _Journals of the House of Burgesses_, 1761-1765: xlii-xlvi.

[8] _William and Mary Quarterly_, First Ser. 19: 16.

[9] CO5-1329, Jan. 5, 1759.

[10] CO5-1329. Read May 23, 1759.

[11] _Ibid._, "Thomas London on the Clergy Bill," June 14, 1759.

[12] G. M. Brydon, _Virginia's Mother Church_ 2: 318, 319.

[13] Charles Campbell, _History of Virginia_, 509-511.

[14] _William and Mary Quarterly_, First Ser. 19: 19.

[15] _Ibid._, 21.

[16] W. W. Henry, _Life, letters, and correspondence of Patrick Henry_

1: 39-41.

[17] _William and Mary Quarterly_, First Ser. 19: 33.

[18] Blair, Tayloe, Byrd, Thornton, and Burwell.

[19] CO5-1330, Fauquier to the Lords of Trade, May 9, 1764.

[20] CO5-1330, Glasgow Merchants to Board of Trade, Jan. 10, 1764.

[21] _Journals of the House of Burgesses_, 1758-1761: 40, 41.

[22] W. W. Hening, _Statutes at large_ 6: 478-483.

[23] CO5-1329, Jan. 5, 1759.

[24] _Ibid._, June 1, 1763.

[25] CO5-1330, April 8, 1762.

[26] _Legislative journals of the Council_ 3: 1281.

[27] CO5-1330.

[28] _Ibid._; _Journals of the House of Burgesses_, 1761-1765: xxvii.

[29] W. W. Hening, _Statutes at large_, 7: 639.

[30] _Journals of the House of Burgesses_, 1761-1765: xxx-xxxiv.

[31] CO5-1330, Jan. 10, 1764.

[32] _Ibid._, Fauquier to the Lords of Trade, Nov. 3, 1760.

[33] _Journal of the House of Burgesses_, 1761-1765: 350.

[34] _Virginia Gazette_, P. and D., June 27, 1766.

[35] D. J. Mays, _Edmund Pendleton_ 1: 174-208.

[36] _Virginia Gazette_, P. and D., June 27, 1766.

[37] Charles M. Andrews, The American Revolution, _American Historical

Review_ 31: 219-232.

[38] _Journals of the House of Burgesses_, 1761-1765: liv-lviii.

[39] _Parliamentary history of England_, ed. T. C. Hansard, 16: 38, 39.

[40] L. P. Gipson, _The coming of the Revolution_, 81.

[41] William Wirt, _Sketches of Patrick Henry_. The eyewitness account

by a French traveler throws doubt on the long accepted statement that

Henry replied to the Speaker's charge: "If this be treason make the most

of it." _American Historical Review_ 25: 745.

[42] CO5-1330, June 5, 1765.

[43] _William and Mary Quarterly_, First Ser. 18: 162n.

[44] CO5-1330, Fauquier to the Lords of Trade, Nov. 3, 1765.

[45] _Virginia Gazette_, Oct. 25, 1765. Supplement.

[46] _Virginia Gazette_, April 4, 1766.

[47] CO5-1331, J. Morgan to Fauquier, April 7, 1766.

[48] _Tyler's Magazine_ 16: 111-114.

[49] _Virginia Gazette_, P. and D., Apr. 4, 1766.

[50] _Ibid._

[51] _Ibid._, Apr. 25, 1766.

[52] _Ibid._, June 13, 1766.

[53] _Ibid._, June 20, 1766.

[54] _Ibid._, July 16, 1767.

[55] _William and Mary Quarterly_, First Ser., 8: 173-177.

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