CHAPTER LXXXVII.

1776.

Patrick Henry, Delegate to Convention--Convention at

Williamsburg--Pendleton, President--Corbin's Petition--

Wormley's Petition--Nelson's Letter urging Independence--

Braxton's Pamphlet--Delegates in Congress instructed to

propose Independence--Declaration of Rights--Constitution--

Patrick Henry, Governor--George Mason--Miscellaneous.

IMMEDIATELY upon his return to Hanover, Mr. Henry was elected a delegate

to the convention which was soon to meet. In a letter, dated April

twentieth, Richard Henry Lee exhorted him to propose a separation from

Great Britain.[644:A]

The convention met on the 6th of May, 1776, at Williamsburg. Edmund

Pendleton was nominated by Richard Bland, for the post of president, and

the nomination was seconded by Archibald Cary; Thomas Ludwell Lee was

nominated by Thomas Johnson, of Louisa, and seconded by Bartholomew

Dandridge. Mr. Lee's nomination, made by Mr. Henry's warm supporters,

indicates the dissatisfaction felt toward Mr. Pendleton. The last

mentioned gentleman, who was admirably qualified for the place, was

elected; by what vote is not known. In his address he reminded the

convention that the administration of justice, and almost all the powers

of government, had now been suspended for nearly two years; and he

called on them to reflect whether they could in that situation longer

sustain the struggle in which they were engaged. Having suggested

certain subjects for their consideration, he exhorted them to be

composed, unanimous, and diligent.

John Goodrich, Jr., a suspected person, was confined, by order of the

convention, to his room, in Williamsburg, under guard. The court of

commissioners for Gloucester having found John Wilkie guilty of giving

intelligence to the enemy, his estate was confiscated, and Sir John

Peyton, Baronet, appointed commissioner to put the proceeds into the

treasury. John Tayloe Corbin presented a petition setting forth that in

October, 1775, a time when all America, as well in congress as in

conventions, was avowing loyalty to the king, he wrote a letter to

Charles Neilson, Esq., of Urbanna, who was going to Norfolk, in

consequence of which he had been arrested by military warrant, and was

now confined in the guard-house. The convention ordered that for the

present he should be confined to his room in Williamsburg, under guard.

Shortly after he was ordered to be confined to the region between the

Matapony and the Pamunkey in Caroline, and give bond in the penalty of

ten thousand pounds.

Ralph Wormley, in a petition, apologised for a letter which he had

written to Lord Dunmore, communicating his opinions on the state of

affairs, and which had excited the indignation of the country against

him; declared that he had ever disclaimed parliament's right of taxation

over this continent, but that it was his misfortune to differ in

sentiments from the mode adopted to obtain a renunciation of that

unconstitutional claim, praying to be released from confinement,

submitting to the mercy of his country, and promising in future to

conduct himself in conformity with the ordinances of the convention. He

was ordered to confine himself to Berkley County, and that part of his

father's estate which lay in Frederick, and to give a bond with a

penalty of ten thousand pounds.

On the eighth Thomas Nelson, Jr., addressed a letter to a member of the

convention, in which he says: "Since our conversation, yesterday, my

thoughts have been sorely employed on the great question, whether

independence ought, or ought not, to be immediately declared? Having

weighed the arguments on both sides, I am clearly of opinion that we

must, as we value the liberties of America, or even her existence,

without a moment's delay, declare for independence. If my reasons appear

weak, you will excuse them for the disinterestedness of the author, as I

may venture to affirm that no man on this continent will sacrifice more

than myself by the separation." He combats the objection that the

sentiments of France and Spain should be ascertained previously; because

there was reason to hope that their sentiments would be favorable, and

because at any rate, in the perilous situation of the colonies, the

hazard must be ventured on. France could not fail to understand that the

breaking up of the English monopoly of the American trade would enure to

her own benefit. The fear that France might be diverted from an alliance

by an offer of partition from Great Britain, appeared chimerical, and

contrary to the settled policy of the court of Louis the Sixteenth. In

any case delay in declaring independence would be ruinous, as without it

the soldiers, disheartened, would abandon their colors. Mr. Nelson in

conclusion adds: "I can assure you, sir, that the spirit of the people,

(except a very few in these lower parts, whose little blood has been

sucked out by mosquitoes,) cry out for this declaration. The military in

particular, men and officers, are outrageous on the subject; and a man

of your excellent discernment need not be told how dangerous it would be

in our present circumstances to dally with the spirit, or disappoint the

expectations of the bulk of the people."

About this time there was published, at Philadelphia, a pamphlet, by

Carter Braxton, entitled "An Address to the Convention of the Colony and

Ancient Dominion of Virginia on the subject of Government." It was

looked upon as expressing the views of "the little junto from whence it

proceeded," and was denounced in a letter by Richard Henry Lee as

exhibiting "confusion of ideas, aristocratic pride, contradictory

reasoning with evident ill design."

On the fifteenth of May Archibald Cary reported, from the committee of

the whole house, a preamble and resolutions which were unanimously

adopted. The preamble recited how all the efforts of the colonies to

bring about a reconciliation with Great Britain, consistently with the

constitutional rights of America, had produced only additional insults

and new acts of oppression; and it recapitulated these acts. The first

resolution instructed the Virginia delegates in congress to propose to

that body "to declare the United Colonies free and independent states;"

the second ordered the appointment of a committee to prepare "a

declaration of rights," and a plan of government. The preamble and

resolutions were drawn up by Edmund Pendleton, offered in committee of

the whole house by Thomas Nelson, Jr., and supported by the eloquence

of Patrick Henry.[647:A] On the next day the resolutions were read to

the troops quartered at Williamsburg, under command of General Andrew

Lewis; a _feu de joie_ was fired amid the acclamations of the people,

and the union flag of the American States waved from the capitol, and in

the evening Williamsburg was illuminated.

Patrick Henry in a letter, dated at Williamsburg, May twentieth, wrote

to Richard Henry Lee: "The grand work of forming a constitution for

Virginia is now before the convention, where your love of equal liberty

and your skill in public counsels might so eminently serve the cause of

your country. Perhaps I'm mistaken, but I fear too great a bias to

aristocracy prevails among the opulent. I own myself a democratic on the

plan of our admired friend, J. Adams, whose pamphlet I read with great

pleasure. A performance from Philadelphia is just come here, ushered in,

I'm told, by a colleague of yours, B----, and greatly recommended by

him. I don't like it. Is the author a whig? One or two expressions in

the book make me ask. I wish to divide you and have you here to animate,

by your manly eloquence, the sometimes drooping spirits of our country,

and in congress to be the ornament of your native country, and the

vigilant, determined foe of tyranny. To give you colleagues of kindred

sentiments is my wish. I doubt you have them not at present. A

confidential account of the matter to Colonel Tom,[647:B] desiring him

to use it according to his discretion, might greatly serve the public

and vindicate Virginia from suspicions. Vigor, animation, and all the

powers of mind and body must now be summoned and collected together into

one grand effort. Moderation, falsely so called, hath nearly brought on

us final ruin. And to see those who have so fatally advised us still

guiding, or at least sharing our public councils, alarms me."[647:C]

There was an apprehension felt by some at this time lest England, in

order to prevent France from assisting the colonies, should offer to

divide them with her. Patrick Henry in the same letter wrote to Richard

Henry Lee: "Ere this reaches you our resolution for separating from

Britain will be handed you by Colonel Nelson. Your sentiments as to the

necessary progress of this great affair correspond with mine. For may

not France, ignorant of the great advantages to her commerce we intend

to offer, and of the permanency of that separation which is to take

place, be allured by the partition you mention? To anticipate,

therefore, the efforts of the enemy by sending instantly American

ambassadors to France, seems to me absolutely necessary. Delay may bring

on us total ruin. But is not a confederacy of our states previously

necessary?" His comprehensive eye glanced from the fisheries of the

north to the Mississippi and western lands. "Notwithstanding

solicitations from every great land company to the west, I've refused to

join them. I think a general confiscation of royal and British property

should be made. The fruits would be great, and the measure in its utmost

latitude warranted by the late act of parliament."

In the convention a committee of thirty-four, Archibald Cary being

chairman, were appointed to prepare a declaration of rights and a plan

of government. The declaration was reported and adopted on the fifteenth

of June, and the plan of government on the twenty-ninth, (five days in

advance of the declaration of independence of the United

Colonies,)--both by a unanimous vote. The declaration of rights and

constitution were draughted by George Mason.

George Mason, first of the family in Virginia, had been a member of

parliament in England, and, at the breaking out of the civil wars, had

sided with King Charles the First, although, like Falkland, not wholly

approving his course, organized a military corps, and fought on the

royal side until the overthrow at Worcester. After this catastrophe he

came over to Virginia and landed in Norfolk County, (1651,) and was soon

followed by his family. He removed to Acohick Creek, on the Potomac. He

commanded (1676) a volunteer force against the Indians, and in the same

year represented the County of Stafford in the assembly, being a

colleague of the author of "T. M.'s Account of Bacon's Rebellion," who

was probably Thomas Matthews, son of Samuel Matthews, some time Governor

of Virginia. The County of Stafford had been carved out of Westmoreland

in the preceding year, and was so called by Colonel Mason in honor of

his native county of Staffordshire, England. His eldest son, George,

married Mary, daughter of Gerard Fowke, of Gunston Hall, in that English

county. Their eldest son, George Mason, third of the name, also lived in

Acohick, and lies buried there. George Mason, fourth in descent, and

eldest son of George, last named, married a daughter of Stevens Thomson,

of the Middle Temple, attorney-general of Virginia in the reign of Queen

Anne. He resided at Doeg Neck, on the Potomac, then in Stafford, now in

Fairfax, and was[649:A] lieutenant and chief commander of Stafford. He

was drowned by the upsetting of a sail-boat in the Potomac. He left two

sons and a daughter. One of the sons was George, author of the

constitution of Virginia, and the other, Thomson Mason, a member of the

house of burgesses, an eminent lawyer, and true patriot. He was elected

one of the judges of the first general court. He suffered from the gout,

and one of Governor Tazewell's earliest recollections is the having seen

him carried into court when laboring under that disease. His son,

Stevens Thomson Mason, was a member of the Virginia Convention of 1788,

and United States Senator, and his son, Armistead Thomson Mason, was

also a Senator of the United States from Virginia. George Mason, fifth

of the name, was born at Doeg's Neck in 1726; he married Ann Eilbeck, of

Charles County, Maryland, and built a new mansion on the high banks of

the Potomac, and called it Gunston Hall.

George Mason was, in 1776, fifty years of age. His complexion was

swarthy, his face grave, with a radiant dark eye, his raven hair

sprinkled with gray; his aspect rather foreign; nearly six feet in

stature, of a large athletic frame, and active step.[649:B] His presence

was commanding, his bearing lofty. He was fond of hunting and angling.

He was a systematic, wealthy, and prosperous planter; indifferent to the

temptations of political ambition; devoting his leisure to study. Mr.

Madison pronounced him the ablest man in debate that he had ever seen.

Although a warm adherent of the house of Hanover, and at the first

averse to independence, yet he assumed the boldest position and

maintained it. In the year 1766 he concluded a letter to the London

merchants, on the repeal of the stamp act, thus: "These are the

sentiments of a man who spends most of his time in retirement, and has

seldom meddled in public affairs; who enjoys a moderate but independent

fortune, and, content with the blessings of a private station, equally

disregards the smiles and the frowns of the great." His pamphlet

entitled "Extracts from the Virginia Charters, with some Remarks upon

them," was considered a masterly exposition of the rights of the

colonies.[650:A]

Of Mr. Mason's sons, George, the eldest, sixth of the name, was captain

in the Virginia line of the Revolution, and inherited Gunston Hall. The

fourth son was the late General John Mason, of Analostan Island, near

Washington City. The Honorable James Murray Mason, United States Senator

for Virginia, is a son of the last named.[650:B]

The preamble to the constitution, containing a recital of wrongs, was

from the pen of Mr. Jefferson, who was at that time attending the

session of congress at Philadelphia.[650:C] George Mason, the author of

the first written constitution of a free commonwealth ever framed, was

pre-eminent in an age[650:D] of great men for his extensive information,

enlarged views, profound wisdom, and the pure simplicity of his

republican principles.[650:E] As a speaker he was devoid of rhetorical

grace, but earnest and impressive.

Immediately upon the adoption of the constitution, the salary of the

governor was fixed at one thousand pounds per annum, and Patrick Henry,

Jr., was elected the first republican Governor of Virginia, he receiving

sixty votes, and Thomas Nelson, Sr., forty-five.

Mr. Henry received an address from the two regiments which he had

recently commanded, congratulating him upon his "unsolicited promotion

to the highest honors a grateful people can bestow," and they declared,

as they had been once happy under his military command, they hoped for

more extensive blessings from his civil administration.

The newly-appointed governor closed his reply by saying: "I trust the

day will come when I shall make one of those that will hail you among

the triumphant deliverers of America." The first council appointed under

the new constitution consisted of John Page, Dudley Digges, John Tayloe,

John Blair, Benjamin Harrison of Berkley, Bartholomew Dandridge, Thomas

Nelson, Sr., and Charles Carter, of Shirley. Mr. Nelson declining the

appointment on account of infirm old age, his place was supplied by

Benjamin Harrison, of Brandon. It is a remarkable instance of the

vicissitudes of fortune, that "a certain Patrick Henry, Jr.," against

whom Governor Dunmore had so lately fulminated his angry proclamation,

now came to be the occupant of the palace at Williamsburg as governor

and commander-in-chief. Although the leaders of the conservative party

looked at the contest with Great Britain in a very different light from

that in which it was viewed by the movement and popular party, and

although the animating motives of the two were so different, yet in the

face of imminent common danger they conspired with extraordinary

unanimity in the common cause. So the mainmast of a ship of the line,

though composed of several pieces banded together, is stronger than if

made of a single spar.[651:A]

FOOTNOTES:

[644:A] Convention of '76, p. 8, in note.

[647:A] These facts were stated by Edmund Randolph in his address at the

funeral of Pendleton. (_Grigsby's Convention of '76_, p. 203.)

[647:B] Thomas Nelson, Jr.

[647:C] _S. Lit. Messenger_, 1842, p. 260.

[649:A] 1719.

[649:B] His portrait is preserved, and a copy of it is in the hall of

the Historical Society in Richmond.

[650:A] Convention of '76, p. 157.

[650:B] Ibid., 156, in note.

[650:C] Journal of Convention of 1776; Wirt's Henry, 195; Grigsby's

Convention of '76, p. 19.

[650:D] Patrick Henry in a letter to Richard Henry Lee, dated December

18th, 1777, quoted in Grigsby's Convention of 1776, p. 142, in note,

states that there was opposition; but the vote appears unanimous on the

journal. The persons who opposed it were known, but were so few they did

not think fit to divide the house, or contradict the general voice.

Ibid., 161, in note. The same persons subsequently opposed the

confederation.

[650:E] His statue is to stand on the monument in Richmond.

[651:A] Extract from Orderly Book:--

"WILLIAMSBURG, May, 14th, 1776.

"Parole--Liberty.

"The many applications for furloughs make it necessary for

Brigadier-General Lewis to mention in orders as improper in

our critical situation, and hopes that no request of this kind

for the future, until circumstances will admit, will be made.

"Officer for day to-morrow, Lieutenant-Colonel McClenahan.

Officers for guard, Lieutenant Garland, Ensign Barksdale. For

guard, 8 p. 1 s. 1 c."

"WILLIAMSBURG, May 17th, 1776.

"Parole--Convention.

"Let it not be forgot that this day is set apart for

humiliation, fasting, and prayer: the troops to attend divine

service."

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