1777.
Commodore Hotham--Proceedings of Assembly--Charges against
Richard Henry Lee--He demands an Enquiry--His Defence and
Honorable Acquittal.
IN January, 1777, when Commodore Hotham was cruising in the Chesapeake,
the prisoners that fell into his hands were humanely treated and readily
exchanged. In February, the Phoenix man-of-war came to Yorktown with a
flag, and sent ashore a party of prisoners, among whom was Colonel
Lawson, who had been long in captivity, and who was exchanged for
Colonel Alexander Gordon, of Norfolk, a Scotch tory, who had been
arrested in 1775 and released on parole. Captain Lilly, in the brig
Liberty, captured off the coast of Virginia the British ship Jane with a
valuable cargo. Captain Pasture, in the Molly, a small craft, returned
from the southward with a supply of gunpowder. The schooner Henry was
captured by the British man-of-war Seaford.
When the assembly again met in May, 1777, George Wythe was made speaker
of the house of delegates; the oath of allegiance was prescribed; a
loan-office was established, and acts passed to support the credit of
the Continental and State paper currency. Benjamin Harrison, George
Mason, Joseph Jones, Francis Lightfoot Lee, and John Harrison were
elected delegates to congress, Richard Henry Lee having been left out.
There were no little dissension and animosity in congress between the
delegates of the movement party and the moderates; and, added to this,
it was believed that an old grudge, harbored in Virginia against Mr. Lee
for the prominent part he had taken many years before in disuniting the
offices of speaker and treasurer, followed him to Philadelphia. The
charges alleged against him by his enemies in Virginia were, first, that
he had altered the mode in which his tenants should pay their rent from
money to produce, with the design of depreciating the currency of the
country; and secondly, that he had favored New England to the injury of
Virginia; thirdly, that as a member of the secret committee in congress,
he had opposed laying their proceedings before congress--it being
thereby intended to insinuate that in so doing he had wished to conceal
the embezzlement of the public money.
A letter from Richard Henry Lee to Mr. Jefferson, dated at Philadelphia,
November 3d, 1776, contains the following paragraph: "I have been
informed that very malignant and very scandalous hints and inuendoes
concerning me have been uttered in the house. From the justice of the
house I should expect they would not suffer the character of an absent
person to be reviled by any slanderous tongue whatever. When I am
present I shall be perfectly satisfied with the justice I am able to do
myself. From your candor, sir, and knowledge of my political movements,
I hope such misstatings as may happen in your presence will be
rectified." Early in June, 1777, as well on account of his health as for
the purpose of rebutting the charges circulated against him, Mr. Lee
returned home; and having been elected to the assembly from
Westmoreland, he repaired to Richmond and demanded an enquiry into his
conduct.
Mann Page, Jr., and Francis Lightfoot Lee, owing to the proceedings of
the house of delegates against Richard Henry Lee, condemning him in his
absence without opportunity of defence, addressed a letter from
Philadelphia, dated June tenth, to the speaker, tendering the
resignations of their seats in congress.
The demand made by Richard Henry Lee for an enquiry into his conduct was
acceded to, and the senate on the occasion united with the house of
delegates. Several persons were examined, and Mr. Lee was heard in his
own defence. It appeared that he had first proposed to make the
alteration in the payment of his rents from money to tobacco at a fixed
valuation, as early as August, 1775, when the tenants on account of the
association could not sell their produce, and when but little paper
currency had as yet been issued for the war of Revolution, and,
consequently the alteration could not have been proposed for the purpose
of depreciating a currency which did not then, to any sensible extent,
exist. When in March, 1776, the alteration in the rents was actually
made, very little paper money had yet been issued. And it appeared that
in August of that year the tenants of Loudoun County themselves
petitioned the convention to have their money-rents changed to produce.
The truth was, as Mr. Lee declared, certain evil-disposed men hated him
for the same reasons on account of which he was devoted to destruction
in the British camp, which were, because he had faithfully served his
country, and, in concert with other generous friends to human liberty
and the rights of America, had contributed to the defeat of the enemy
and to the raising of America triumphant over its cruel and vindictive
foes.
As to the second charge, that Mr. Lee opposed the laying the proceedings
of the secret committee of congress before that body, for the purpose of
concealing embezzlement of the public money, it was well known that he
had no sort of connection whatever with any commercial business, and,
therefore, could not propose to himself any advantage from any such
source. But it was very probable that those who themselves entertained
designs of peculating upon the public funds, would be glad to get Mr.
Lee out of their way. To lay the proceedings of a secret committee
before congress would be to defeat its very object and contradict its
name. The third charge was that he favored New England at the expense of
Virginia and the South. It was known that America could be conquered
only by disunion. Mr. Lee called on his accusers to show that he ever
had in a single instance preferred the interest of New England to that
of Virginia. Indeed, he knew not in what respects their interests
conflicted. New England and Virginia had both exhibited a fixed
determination against British tyranny, and their guilt was alike in the
eyes of the common enemy. The majority of the other colonies had
entitled themselves to some hopes of pardon from the tyrant by
vacillating conduct. Among the Middle and Southern States there was, in
Mr. Lee's opinion, much enmity to Virginia, owing to jealousy of her
wisdom, vigor, and extent of territory; but he had ever discovered,
"upon every question, respect and love for Virginia among the Eastern
delegates." It was his consolation, that "the malignants, who would
represent him as an enemy to his country, could not make him so." He
gave his enemies credit for more address than he had supposed they
possessed, in making use of a good principle--rotation in office--for
his ruin; and he believed that the act, limiting the term of service to
three years, was framed expressly to fit his case; and thus a malicious
slander, uttered in his absence, appeared likely to be successful.[684:A]
Mr. Lee had been superseded early in the session while absent--a
flagrant injustice against which no reputation could be safe. John
Banister, although not very fond of Mr. Lee, said of his speech on this
occasion: "Certainly no defence was ever made with more graceful
eloquence, more manly firmness, equalness of temper, serenity, calmness,
and judgment, than this very accomplished speaker displayed on this
occasion; and I am now of opinion he will be re-elected to his former
station instead of Mr. George Mason, who has resigned."[684:B] Mr. Lee
is said to have shed tears while speaking on this occasion. The enquiry
being ended, the senate withdrew, and in compliance with a resolution of
the house, the speaker returned Mr. Lee their thanks for the faithful
services which he had rendered his country while in congress. The
speaker added his own testimony, and said: "Serving with you in
congress, and attentively observing your conduct there, I thought that
you manifested in the American cause a zeal truly patriotic; and as far
as I could judge, exerted the abilities for which you are confessedly
distinguished, to prosecute the good and prosperity of your own country
in particular, and of the United States in general." Thus Mr. Lee's
vindication of himself was triumphant.
"Virtue may be assailed, but never hurt;
Surprised by unjust force, but not inthralled;
Yea, even that which mischief meant most harm,
Shall in the happy trial prove most glory."
FOOTNOTES:
[684:A] Letter of Richard Henry Lee to Patrick Henry--among the Lee MSS.
I am indebted to N. F. Cabell, Esq., for the use of his transcripts of
these interesting MSS., which are deposited in the library of the
University of Virginia.
[684:B] Life of Richard Henry Lee, 192; Bland Papers, i. 58.