CHAPTER LXV.

1763.

The Parsons' Cause--Patrick Henry's Speech.

IN the year 1763 occurred the famous "Parsons' Cause," in which the

genius of Patrick Henry first shone forth. The emoluments of the clergy

of the established church for a long time had consisted of sixteen

thousand pounds of tobacco, contributed by each parish. The tobacco crop

of 1755 failing, in consequence of a drought, and the exigencies of the

colony being greatly augmented by the French and Indian war, the

assembly passed an act, to endure for ten months, authorizing all debts

due in tobacco to be paid either in kind or in money, at the rate of

sixteen shillings and eight pence for every hundred pounds of tobacco.

This was equivalent to two pence per pound, and hence the act was styled

by the clergy the "Two Penny Act." As the price of tobacco now rose to

six pence per pound, the reduction amounted to sixty-six and two-thirds

per cent. At two pence the salary of a minister clergy was about one

hundred and thirty-three pounds; at six pence, about four hundred

pounds. Yet the act must have operated in relief of the indebted clergy

equally with other debtors, and many of the ministers were in debt. It

was by no means the intention of the assembly to abridge the maintenance

of the clergy, or to bear harder upon them than upon all other public

creditors; and as they, under the new act, in fact, received in general

a larger salary than they had received in any year since it was first

regulated by law, they, above all men, ought to have been content with

it in a year of so much distress.[507:A] The taxes were enormous, and

fell most heavily upon planters of limited means; and the tobacco-crop

was greatly fallen off. The Rev. James Maury, in whose behalf the suit

was afterwards brought, had himself at the time expressly approved of

the Two Penny Act, and said: "In my own case, who am entitled to upwards

of seventeen thousand weight of tobacco per annum, the difference

amounts to a considerable sum. However, each individual must expect to

share in the misfortunes of the community to which he belongs."[508:A]

The law was universal in its operation, embracing private debts, public,

county, and parish levies, and the fees of all civil officers. Its

effect upon the clergy was to reduce their salary to a moderate amount

in money, far less, indeed, than the sixteen thousand pounds which they

were ordinarily entitled to, yet still rather more than what they had

usually received. The act did not contain the usual clause, by which

acts altering previous acts approved by the crown were suspended until

they should receive the royal sanction, since it might require the

entire ten months, the term of its operation, to learn the determination

of the crown. The king had a few years before expressly refused to allow

the assembly to dispense with the suspending clause in any such act. The

regal authority was thus apparently abnegated; necessity discarding

forms, and the safety of the people being the supreme law. Up to the

time of the Revolution the king freely exercised his authority in

vetoing acts of the assembly when they had been approved by large

majorities of the house of burgesses and of the council. The practice

was to print all the acts at the close of each session, and when an act

was negatived by the king, that fact was written against the act with a

pen.[508:B]

No open resistance was offered to the Two Penny Act; but the greater

number of clergy petitioned the house of burgesses to grant them a more

liberal provision for their maintenance. Their petition set forth: "That

the salary appointed by law for the clergy is so scanty that it is with

difficulty they support themselves and families, and can by no means

make any provision for their widows and children, who are generally left

to the charity of their friends; that the small encouragement given to

clergymen is a reason why so few come into this colony from the two

universities; and that so many, who are a disgrace to the ministry, find

opportunities to fill the parishes; that the raising the salary would

prove of great service to the colony, as a decent subsistence would be a

great encouragement to the youth to take orders, for want of which few

gentlemen have hitherto thought it worth their while to bring up their

children in the study of divinity; that they generally spent many years

of their lives at great expense in study, when their patrimony is pretty

well exhausted; and when in holy orders they cannot follow any secular

employment for the advancement of their fortunes, and may on that

account expect a more liberal provision."[509:A] Another relief act,

similar to that of 1755, fixing the value of tobacco at eighteen

shillings a hundred, was passed in 1758[509:B] upon a mere anticipation

of another scanty crop.[509:C] Burk[509:D] attributes the rise in the

price of tobacco to the arts of an extravagant speculator; but he cites

no authority for the statement, and the acts themselves expressly

attribute the scarcity, in 1755, to "drought," and in 1757 to

"unseasonableness of the weather."[509:E] The crop did fall short, and

the price rose extremely high; and contention ensued between the

planters and the clergy. The Rev. John Camm, rector of York Hampton

Parish, assailed the "Two Penny Act" in a pamphlet of that title, which

was replied to severally by Colonel Richard Bland and Colonel Landon

Carter. An acrimonious controversy took place in the _Virginia Gazette_;

but the cause of the clergy became at length so unpopular, that a

printer could not be found in Virginia willing to publish Camm's

rejoinder to Bland and Carter, styled the "Colonels Dismounted," and he

was obliged to resort to Maryland for that purpose. The colonels

retorted, and this angry dispute threw the colony into great excitement.

At last the clergy appealed to the king in council. By an act of

assembly passed as early as the year 1662, a salary of eighty pounds per

annum was settled upon every minister, "to be paid in the valuable

commodities of the country--if in tobacco, at twelve shillings the

hundred; if in corn, at ten shillings the barrel." In 1696 the salary of

the clergy was fixed at sixteen thousand pounds of tobacco, worth at

that time about eighty pounds. This continued to be the amount of their

stipends until 1731, when, the value of tobacco being raised, they

increased to about one hundred or one hundred and twenty pounds,

exclusive of their glebes and other perquisites. In Virginia, besides

the salaries of the clergy, the people had to bear parochial, county,

and public levies, and fees of clerks, sheriffs, surveyors, and other

officers, all of which were payable in tobacco, the paper currency of

the colony having banished gold and silver from the colony.[510:A] The

consequence of this state of things was that a failure in the crop

involved the people in general distress; for by law if the salaries of

the clergy and the fees of officers were not paid in tobacco by the

tenth day of April, the property of delinquents was liable to be

distrained, and if not replevied within five days, to be sold at

auction. Were they to be exposed to cruel imposition and exactions; to

have their estates seized and sacrificed, "for not complying with laws

which Providence had made it impossible to comply with? Common sense, as

well as common humanity, will tell you that they are not, and that it is

impossible any instruction to a governor can be construed so contrary to

the first principles of justice and equity, as to prevent his assent to

a law for relieving a colony in a case of such general distress and

calamity."[510:B] Sherlock, Bishop of London, in his letter to the lords

of trade and plantations, denounced the act of 1758, as binding the

king's hands, and manifestly tending to draw the people of the

plantations from their allegiance to the king. It was replied, on the

other hand, that if the Virginians could ever entertain the thought of

withdrawing from their dependency on England, nothing could be more apt

to bring about such a result than the denying them the right to protect

themselves from distress and calamity in so trying an emergency. In the

year when this relief act was passed, many thousands of the colonists

did not make one pound of tobacco, and if all of it raised in the

colony had been divided among the tithables, "they would not have had

two hundred pounds a man to pay the taxes, for the support of the war,

their levies and other public dues, and to provide a scanty subsistence

for themselves and families;" and "the general assembly were obliged to

issue money from the public funds to keep the people from starving." The

act had been denounced as treasonable; but were the legislature to sit

with folded arms, silent and inactive, amid the miseries of the people?

"This would have been treason indeed,--treason against the

state,--against the clemency of the royal majesty." Many landlords and

civil officers were members of the assembly in 1758, and their fees and

rents were payable in tobacco; nevertheless, they cheerfully promoted

the enactment of a measure by which they were to suffer great losses.

The royal prerogative in the hands of a benign sovereign could only be

exerted for "the good of the people, and not for their destruction."

"When, therefore, the governor and council (to whom this power is in

part delegated) find, from the uncertainty and variableness of human

affairs, that any accident happens which general instructions can by no

means provide for, or which, by a rigid construction of them, would

destroy a people so far distant from the royal presence, before they can

apply to the throne for relief, it is their duty as good magistrates to

exercise this power as the exigency of the state requires; and though

they should deviate from the strict letter of an instruction, or,

perhaps in a small degree from the fixed rule of the constitution, yet

such a deviation cannot possibly be treason, when it is intended to

produce the most salutary end--the preservation of the people."

The Rev. Andrew Burnaby, who passed some months in Virginia about the

time of this dispute, travelling through the colony and conversing

freely with all ranks of people, expresses himself on the subject in the

following manner: "Upon the whole, however, as on the one hand I

disapprove of the proceedings of the assembly in this affair, so on the

other I cannot approve of the steps which were taken by the clergy; that

violence of temper, that disrespectful behavior toward the governor,

that unworthy treatment of their commissary, and, to mention nothing

else, that confusion of proceeding in the convention,[512:A] of which

some, though not the majority, as has been invidiously represented, were

guilty; these things were surely unbecoming the sacred character they

are invested with, and the moderation of those persons who ought in all

things to imitate the conduct of their Divine Master. If instead of

flying out in invectives against the legislature, of accusing the

governor of having given up the cause of religion by passing the bill,

when, in fact, had he rejected it, he would never have been able to have

got any supplies during the course of the war, though ever so much

wanted; if instead of charging the commissary[512:B] with want of zeal,

for having exhorted them to moderate measures, they had followed the

prudent counsels of that excellent man, and had acted with more temper

and moderation, they might, I am persuaded, in a very short time have

obtained any redress they could reasonably have desired. The people in

general were extremely well affected toward the clergy."[512:C]

The following paper exhibits the view maintained by Richard Henry Lee on

this mooted topic:--

"_Reasons and Objections to Mr. Camm's Appeal._

"OBJECTED, on the part of Mr. Camm: That the law of 1758, as

it tended to suspend the act of 1748, which had obtained the

royal approbation, and as it was contrary to his majesty's

instructions to his governor, was void _ab initio_, and was so

declared by his majesty's order of disapprobation of 10th of

August, 1759.

"ANSWER.--Whatever might be allowed to be the effect of these

objections, and however they might affect those who made the

law, it would be very hard that they should subject to a heavy

penalty two innocent subjects,[512:D] who have been guilty of

no offence but that of obeying a law passed regularly in

appearance through the several branches of the legislature of

the colony while it had the force of a law upon the spot. It

would be to punish them for a mistake of the assembly. But the

objections do not prove either that the law was a nullity from

the beginning by its tending to suspend the act of 1748, or by

being assented to by the governor, contrary to his majesty's

instructions to him, or that it became void by relation, _ab

initio_, from any retrospective declarations of his majesty.

As to the law in question tending to suspend the act of 1748,

which had received the royal approbation, a power given by the

crown to make laws implies a power to suspend or even repeal

former laws which are become inconvenient or mischievous, as

the law of 1748 was; otherwise a country at the distance of

three thousand miles might be subject to great calamities,

before relief could be obtained, for which reason such power

is lodged in the legislature of the country.

"As to the governor's consent being contrary to his majesty's

instructions to him, it is imagined that his majesty's

instructions to the governor are private directions for his

conduct in his government, liable to be sometimes dispensed

with upon extraordinary emergencies, the propriety of which he

may be called to explain. The instructions are not addressed

to the people nor promulgated among them; they are not public

instruments, nor lodged among the public records of the

province. The people know the governor's authority by his

commission; his assent is virtually that of the crown, and by

his assent the law is in force till his majesty's

disapprobation arrives and is ratified, consequently

everything done in the colony till then conformably thereto is

legal.

"As to the order in council having declared the act void _ab

initio_, it seems to have been a mistake, the order being as

usual generally expressed that the act be disallowed, declared

void, and of none effect, which purposely left the effect of

the law, during the interval, open to its legal consequences.

"The king's commission to his governor directs him that he

shall transmit all laws in three months after their passage.

That when the laws are so signified, then such and so many of

the said laws as shall be disallowed and signified to the

governor should from thenceforth cease, etc. Upon appeal from

the Cockpit to the privy council, the cause was put off _sine

die_."

When the clergy appealed to the king, they sent over the Rev. John Camm

to plead their cause in England, and agents were employed by the

assembly to resist it. Mr. Camm remained eighteen months in England in

prosecution of the appeal. The king at length, by the unanimous advice

of the lords of trade, denounced the Two Penny Act as an usurpation, and

declared it null and void: and the governor, by express instructions,

issued a proclamation to that effect. Fauquier was reprimanded for not

having negatived the bill, and was threatened with recall; and he

pleaded in excuse that he had subscribed the law in conformity with the

advice of the council, and contrary to his own judgment. The board of

trade deemed the apology unsatisfactory.[514:A]

But the king's decision not being retrospective, the repeal of the act

not rendering it void from the beginning, was in effect futile, the act

having been passed to be in force for only one year.

At Mr. Camm's instance a suit was brought against the vestry of his

parish of York Hampton, for the recovery of the salary in tobacco, the

assembly having, in the mean while, determined to support the vestries

in their defence. The case was decided against the plaintiff, Mr. Camm,

who, in accordance with the advice of the board of trade, thereupon

appealed to the king in council. The appeal was dismissed upon some

informality. Camm experienced the perfidy of courtiers, and it being the

policy of the government to avoid a collision with the assembly, the

clergy were left in the lurch, to take their chances in the Virginia

courts of law. The Rev. Mr. Warrington, grandfather of Commodore Lewis

Warrington, endeavored to bring a suit for his salary, payable in

tobacco, in the general court, but it was not permitted to be tried, the

court awaiting the determination of Camm's case in England, which was in

effect an indefinite postponement. Mr. Warrington then brought suit in

the county court of Elizabeth City, and the jury brought in a special

verdict, allowing him some damages, but declaring the law valid,

notwithstanding the king's decision to the contrary. The Rev. Alexander

White, of King William County, brought a similar suit, and the court

referring both the law and the fact to the jury, they gave the plaintiff

trivial damages. The County of Hanover was selected as the scene of the

most important trial of this question, and as all the causes stood on

the same foot, the decision of this would determine all. This was the

suit brought by the Rev. James Maury, of an adjoining parish. The county

court of Hanover (November, 1763,) decided the point of law in favor of

the minister, thus declaring the "Two Penny Act" to be no law, as having

been annulled by the crown, and it was ordered that at the next court a

jury, on a writ of inquiry, should determine whether the plaintiff was

entitled to damages, and if so, how much? Maury's success before the

jury seemed now inevitable, since there could be no dispute relative to

the facts of the case. Mr. John Lewis, who had defended the popular

side, retired from the cause as virtually decided, and as being now only

a question of damages. The defendants, the collectors of that court, as

a dernier resort, employed Patrick Henry, Jr., to appear in their behalf

at the next hearing. The suit came to trial again on the first of

December, a select jury being ordered to be summoned. On an occasion of

such universal interest, an extraordinary concourse of people assembled

at Hanover Court-house, not only from that county, but also from the

counties adjoining. The court-house (which is still standing, but

somewhat altered,) and yard were thronged, and twenty clergymen sat on

the bench to witness a contest in which they had so much at stake. The

Rev. Patrick Henry, uncle to the youthful attorney, retired from the

court and returned home, at his request, he saying that he should have

to utter some harsh things toward the clergy, which he would not like to

do in his presence. The presiding magistrate was the father of young

Henry. The sheriff, according to Mr. Maury's own account, finding some

gentlemen unwilling to serve on the jury, summoned men of the common

people. Mr. Maury objected to them, but Patrick Henry insisting that

"they were honest men," they were immediately called to the book and

sworn. Three or four of them, it was said, were dissenters "of that

denomination called 'New Lights.'" On the plaintiff's side the only

evidence was that of Messrs. Gist and McDowall, tobacco-buyers, who

testified that fifty shillings per hundred weight was the current price

of tobacco at that time. On the defendant's side was produced the Rev.

James Maury's receipt for one hundred and forty-four pounds paid him by

Thomas Johnson, Jr. The case was opened for the plaintiff by Peter

Lyons. When Patrick Henry rose to reply, his commencement was awkward,

unpromising, embarrassed. In a few moments he began to warm with his

subject, and catching inspiration from the surrounding scene, his

attitude grew more erect, his gesture bolder, his eye kindled and

dilated with the radiance of genius, his voice ceased to falter, and the

witchery of its tones made the blood run cold and the hair stand on end.

The people, charmed by the enchanter's magnetic influence, hung with

rapture upon his accents; in every part of the house, on every bench, in

every window, they stooped forward from their stands in breathless

silence, astonished, delighted, riveted upon the youthful orator, whose

eloquence blended the beauty of the rainbow with the terror of the

cataract. He contended that the act of 1758 had every characteristic of

a good law, and could not be annulled consistently with the original

compact between king and people, and he declared that a king who

disallowed laws so salutary, from being the father of his people

degenerated into a tyrant, and forfeited all right to obedience. Some

part of the audience were struck with horror at this declaration, and

the opposing advocate, Mr. Lyons, exclaimed, in impassioned tones, "The

gentleman has spoken treason!" and from some gentlemen in the crowd

arose a confused murmur of "Treason! Treason!" Yet Henry, without any

interruption from the court, proceeded in his bold philippic; and one of

the jury was so carried away by his feelings as every now and then to

give the speaker a nod of approbation. He urged that the clergy of the

established church by thus refusing acquiescence in the law of the land

counteracted the great object of their institution, and, therefore,

instead of being regarded as useful members of the State, ought to be

considered as enemies of the community. In the close of his speech of an

hour's length, he called upon the jury, unless they were disposed to

rivet the chains of bondage on their own necks, to teach the defendant

such a lesson, by their decision of this case, as would be a warning to

him and his brethren not to have the temerity in future to dispute the

validity of laws authenticated by the only authority which, in his

opinion, could give force to laws for the government of this

colony.[517:A] Amid the storm of his invective the discomfited and

indignant clergy, feeling that the day was lost, retired. Young Henry's

father sat on the bench bedewed with tears of conflicting emotions and

fond surprise. The jury, in less than five minutes, returned a verdict

of one penny damages. Mr. Lyons insisted that as the verdict was

contrary to the evidence, the jury ought to be sent out again, but the

court admitted the verdict without hesitation. The plaintiff's counsel

then in vain endeavored to have the evidence in behalf of the plaintiff

recorded. His motion for a new trial met with the same fate. He then

moved, "that it might be admitted to record, that he had made a motion

for a new trial because he considered the verdict contrary to evidence,

and that the motion had been rejected," which, after much altercation,

was agreed to. He lastly moved for an appeal, which too was granted.

Acclamations resounded within the house and without, and in spite of

cries of "Order! Order!" Patrick Henry was reluctantly lifted up and

borne in triumph on the shoulders of his excited admirers. He was now

the man of the people. In after-years, aged men who had been present at

the trial of this cause reckoned it the highest encomium that they could

bestow upon an orator to say of him: "He is almost equal to Patrick when

he plead[517:B] against the parsons."[517:C]

This speech of Henry's was looked upon by the clergy and their

supporters as pleading for the assumption of a power to bind the king's

hands, as asserting such a supremacy in provincial legislatures as was

incompatible with the dignity of the Church of England, and as

manifestly tending to draw the people of the colonies away from their

allegiance to the king. Mr. Cootes, merchant on James River, on coming

out of the court, said that he would have given a considerable sum out

of his own pocket rather than his friend Patrick should have been guilty

of treason, but little, if any, less criminal than that which had

brought Simon Lord Lovat to the block. The clergy and their adherents

deemed Henry's speech as exceeding the most inflammatory and seditious

harangues of the Roman tribunes of the common people. The Rev. Mr.

Boucher, rector of Hanover Parish, in the County of King George,

accounted one of the best preachers of his time, said: "The assembly was

found to have done and the clergy to have suffered wrong. The aggrieved

may, and we hope often do, forgive, but it has been observed that

aggressors rarely forgive. Ever since this controversy, your clergy have

experienced every kind of discourtesy and discouragement."[518:A]

It was evident that the municipal affairs of Virginia could not be

rightly managed, or safely interfered with, by a slow-moving government

three thousand miles distant. The act of 1758 appears to have been

grounded on humanity, the law of nature, and necessity.

Henry's speech in "the Parsons' Cause," and the verdict of the jury, may

be said in a certain sense to have been the commencement of the

Revolution in Virginia; and Hanover, where dissent had appeared, was the

starting-point. Wirt's description of the scene has rendered it classic,

and notwithstanding the faults of a style sometimes too florid and

extravagant, there is a charm in the biography of Henry which stamps it

as one of those works of genius which "men will not willingly let die."

FOOTNOTES:

[507:A] Colonel Richard Bland's Letter to the Clergy.

[508:A] Memoirs of Huguenot Family, 402.

[508:B] Journals of the house of burgesses thus marked are in the

possession of Mr. Grigsby.

[509:A] Colonel Bland's Letter to the Clergy, 6.

[509:B] Hening, vii. 240.

[509:C] Ibid., vi. 568.

[509:D] Hist. of Va., iii. 302.

[509:E] See also A. H. Everett's Life of Patrick Henry, in Sparks'

American Biog., (second series,) i. 230.

[510:A] Burnaby's Travels.

[510:B] Bland's Letter to the Clergy, 14.

[512:A] The record of this convention of the clergy, which is probably

in the archives of the See of London, would be extremely interesting at

the present day.

[512:B] Robinson.

[512:C] Travels through the Middle Settlements in North America in the

year 1759 and 1760, with Observations upon the state of the Colonies, by

the Rev. Andrew Burnaby, A.M., Vicar of Greenwich. Second edition.

London, 1775.

[512:D] The collectors.

[514:A] Old Churches of Va., i. 217.

[517:A] Letter of Rev. James Maury, in Memoirs of Huguenot Family, 421,

422.

[517:B] In Virginia to this day the preterite of "plead" is pronounced

"pled." Wirt actually prints the word "pled," and has raised a smile at

his expense. It is proper, however, to observe that "plead" and "read"

followed the same analogies even in England in the seventeenth century.

Many of the quaint words used by the common people, obsolete among the

well educated, and usually set down as illiterate mistakes, are really

grounded in traditional authority. Thus the word "gardein," for

guardian, is the old law term: and the verb "learn," still often used

actively, was, according to Trench, originally employed indifferently in

a transitive sense as well as intransitive. The common people are often

right without being able to prove it.

[517:C] Wirt's Life of Patrick Henry; Hawks, 124; Old Churches, etc., i.

219.

[518:A] Anderson's Hist. Col. Church, iii. 158.

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