Part I:

_The

Road

to

Independence:_

_Virginia

1763-1783_

HISTORY, GOVERNMENT, AND GEOGRAPHY SERVICE

DIVISION OF SECONDARY EDUCATION

STATE DEPARTMENT OF EDUCATION

RICHMOND, VIRGINIA

_Foreword_

Many of the fundamental principles of our nation's development are

rooted in the Colonial Period; therefore, this era deserves careful

attention in the public schools of Virginia. The spirit of freedom

engendered in the early days of the nation's history has remained the

hallmark of the nation. It has been maintained by commitment to

democratic traditions and values.

In the public schools of Virginia, various courses deal with American

history, and consideration and study is given to the Colonial Period

from kindergarten through grade twelve. The publication entitled, THE

ROAD TO INDEPENDENCE: VIRGINIA 1763-1783, offers teachers in the

secondary schools of Virginia a special challenge to select important

areas of emphasis for the period 1763-1783 that will provide an

improved perspective for students to see new meaning in familiar

events. The teacher should present the material in a broader context so

as to enable young Americans to comprehend the ideas, events, and

personalities of the period. It is hoped that this publication will

help to accomplish this goal.

W. E. Campbell

State Superintendent of

Public Instruction

_Table of Contents_

FOREWORD ii

INTRODUCTION iv

_The Road to Independence: Virginia 1763-1783_

PART I:

1763: The Aftermath of Victory 1

The New Generation in Politics: Britain and Virginia 4

The Political Philosophy of Virginia, 1763 7

PART II:

The Road to Revolution, 1763-1775 14

The Grenville Program, 1763-1765 14

Western Lands Defense 15

A New Revenue Program 16

The Currency Act of 1764 17

Virginia and the Stamp Act, 1764 18

The Stamp Act Resolves, May 1765 20

The Stamp Act Crisis, 1765-1766 24

Repeal and the Declaratory Act, 1766 26

British Politics and the Townshend Act, 1766-1770 28

Virginia Politics, 1766-1768 29

The Townshend Act in Virginia, 1767-1771 30

The False Interlude, 1770-1773 31

The Road to Revolution, 1773-1774 32

The Boston Tea Party and the Intolerable Acts 33

PART III:

From Revolution to Independence 35

The First Virginia Convention 35

Virginia and the First Continental Congress 38

Great Britain Stiffens 39

War 40

Independence 43

PART IV:

The Commonwealth of Virginia 46

Declaration of Rights 46

Declaration of Independence 48

The Virginia Constitution, June 29, 1776 49

The British-Americans: The Virginia Loyalists 52

The War at Home, 1776-1780 53

PART V:

The War for Independence 55

Virginians and the Continental Army, 1775-1779 55

The Indian Wars 57

George Rogers Clark and the Winning of the West 58

The War and Eastern Virginia, 1776-1779 60

Black Virginians in the Revolution 60

The British Move South, 1780-1781 62

The Invasion of Virginia, 1781 63

Yorktown, September-October, 1781 66

BIBLIOGRAPHY 68

APPENDIX

A Chronology of Selected Events in Virginia, 1763-1783 70

The Declaration of Independence 75

Suggestive Questions for Exploring Virginia's Role in the

Winning of Independence 77

Suggested Student Activities 79

_Introduction_

Virginia, the birthplace of our nation, played an important role in the

winning of American independence. Virginia, the largest and the most

influential of the 13 colonies, led the struggle for American

independence and has helped to formulate American ideals and to shape

our country's institutions.

This publication was prepared to assist teachers in developing topics

of study relating to the American Revolution and Virginia's role in the

winning of independence and to help students develop deeper

appreciation for the rich heritage that is theirs as citizens of the

Commonwealth. The Virginia tradition was created by responsible men and

women who believed in the inherent dignity of the individual, the role

of government as a servant of the people, the value of freedom,

justice, equality, and the concept of "rule of law." These ideals and

beliefs remain the hallmark of Virginia and the nation.

Important objectives of this publication are:

To emphasize the study of Virginia history during the period from 1763

to 1783 when the state exerted influential leadership and wisdom in the

winning of American independence;

To develop a deeper understanding of the meaning of freedom and basic

principles and traditions which have nourished and sustained the

American way of life;

To further the students' understanding of individual rights and

responsibilities in a free society;

To further acquaint students with their heritage of freedom and the

importance of perpetuating democratic traditions; and

To further students' understanding of the concept of self-government

and the American way of life.

It is hoped that this publication will assist in achieving these

objectives.

N. P. Bradner, Director

Division of Secondary Education

State Department of Education

Mrs. Jerri Button, Supervisor

History, Government, and

Geography Service

State Department of Education

Thomas A. Elliott, Assistant

Supervisor

History, Government, and

Geography Service

State Department of Education

Clyde J. Haddock, Assistant

Supervisor

History, Government, and

Geography Service

State Department of Education

James C. Page, Assistant Supervisor

History, Government, and Geography Service

State Department of Education

Dr. D. Alan Williams, Consultant

THE ROAD TO INDEPENDENCE: VIRGINIA 1763-1783

Professor of History

University of Virginia

_The Road to Independence:_

_Virginia 1763-1783_

Part I:

1763: The Aftermath of Victory

[Sidenote: "_He has refused to assent to laws the most wholesome and

necessary for the public good...._"]

Virginia in 1763 appeared to stand on the edge of a new era of

greatness. The Peace of Paris signed that year confirmed the total

victory of the British in North America during the long French and

Indian War (1754-1763). Virginia's natural enemies were subdued: the

French were driven from Canada, the Forks of the Ohio, the Illinois

Country, and Louisiana; the Spanish were forced to give up Florida; and

the Indians, now without any allies, were defeated or banished beyond

the Appalachians. Virginians were free to continue their remarkable

growth of the past 40 years during which they had left the Tidewater,

pushed up the James, Rappahannock, Appomattox, and Potomac river

basins, and joined thousands of Scotch-Irish and Germans pushing

southward out of Pennsylvania into the Valley of Virginia. Although

they were halted temporarily in 1755 when Braddock's disastrous defeat

in Pennsylvania and the massacre of frontier pioneer James Patton at

Draper's Meadow (Blacksburg) encouraged the Indians to resist the white

man's advance, Virginians eagerly eyed the lands in southwestern

Virginia along the Holston, Clinch, and French Lick Rivers and those

that lay beyond the mountains along the Ohio. This territory, from

which was carved the states of Kentucky and West Virginia, made

Virginia, even without considering her strong claim to all the lands

north of the Ohio, the largest of the American colonies.

Following the end of the French and Indian war, Virginians expected to

recapture the economic prosperity that had been interrupted by the

conflict. In 1763, they were the most affluent and the most populous

white colonists. There were at least 350,000 settlers, including

140,000 slaves, in Virginia. Pennsylvania, the next largest colony, had

200,000 residents. If the past was any indication, the numbers of

Virginians surely would multiply. In 1720 there were 88,000 colonists

in Virginia, 26,000 of whom were black. The years between 1720 and 1750

had been very fruitful ones and were to be remembered as "the Golden

Age" of Colonial Virginia. Virginia and Maryland were ideal colonies

for the British. The Chesapeake colonies produced a raw material

(tobacco) which the British sold to European customers, and they bought

vast quantities of finished products from craftsmen and manufacturers

in the mother country. These were years when the English mercantile

system worked well. There was lax enforcement of the Navigation Acts,

liberal credit from English and Scots merchants, generous land grants

from the crown, a minimum of interference in Virginia's government, and

peace within the empire. Both mother country and colony were happy with

the arrangement. With peace would come a renewal of those "good old

days." Or so Virginians thought. But it was not to be so.

It is never possible to return to the status quo ante bellum. It would

not be possible for Great Britain to do it in 1763. The British ended

the Seven Years War (the French and Indian War 1756 became a general

world war) as the dominant country in Europe, triumphant over France in

India, the West Indies, and North America, and owners of Spanish

Florida. Yet victory had its price and its problems. The wars had to be

paid for; a policy for governing the new territories had to be

formulated; the Indian tribes beyond the Appalachians had to be

pacified and protected; and Britain had to remain "at the ready" to

defend her newly-won position of power.

Neither France, nor Spain, was about to give in easily. The French,

particularly, were awaiting the chance to challenge the British. For

that reason, the Peace of Paris was only a truce in a series of wars

which began in the 1740's and did not end until the defeat of Napoleon

in 1814. The eager French support of the American Revolution was based

on more than the attraction of young aristocrats like Lafayette to the

republican ideals of a war for independence. French self-interest and

revenge also were heavily involved.

The foremost task facing Britain was meeting the costs of victory. To

gain and maintain the new empire cost great sums of money which the

crown knew it could not extract from British taxpayers already

overburdened with levies on land, imports, exports, windows, carriages,

deeds, newspapers, advertisements, cards and dice, and a hundred other

items of daily use. The land tax, for instance, was 20 percent of land

value. These were taxes parliament had levied on residents in Great

Britain but not on the colonists. Many taxes had been in effect since

an earlier war in the 1740's (King George's War). With the national

debt at a staggering £146,000,000, much of it the result of defending

interests in the New World, and several million pounds owed to American

colonies as reimbursement for maintaining troops during the war,

British taxpayers, rich and poor alike, expected relief. In fact, these

war debts forced parliament to impose additional taxes in 1763,

including a much-despised excise tax on cider. It is hardly surprising

to find most Britons agreed that in the future the Americans should be

responsible for those expenses directly attributable to maintaining the

empire in America. That future costs were to be shared seemed

politically expedient and the reasonable thing to do. Every ministry

which came to power in Britain after 1763 understood this as a national

mandate it could not ignore.

The French and Indian War produced a rather curious and very

significant by-product: the English literally rediscovered America and

Virginia. Since the late 17th Century there had been very little

personal contact between Englishmen in authority and the colony. From

1710 to 1750, the years when all was running so well, the only contact

Virginia had with English government was through her royal governor.

Most of the other royal officials in Virginia were Virginians, not

Englishmen. And, as events turned out, even the royal governors were a

thin line of communication. Governor Alexander Spotswood (1710-1722)

became a Virginia planter rather than go home to Britain; Governor Hugh

Drysdale (1722-1726) died in Williamsburg; and Governor William Gooch

(1727-1749) served in the colony for 22 years without once visiting

England. Moreover, fewer young Virginians were going to England for

their schooling, preferring to attend the College of William and Mary

or the recently opened College of New Jersey (Princeton). There were,

of course, London and Bristol tobacco merchants who knew Virginia well,

but the great increase in Virginia wealth after 1720 was partially

obscured from Englishmen because it was the Scots merchants, not the

English, who came to control much of the Chesapeake tobacco trade.

English politicians and citizens alike had a very incomplete

understanding of the great strides made by Virginia. They still thought

of Virginians as provincials, struggling in the wilderness, or as

impoverished Scots, Irish, and Germans living in the back-country.

Hundreds of English military officers, many of whom would achieve

positions of political influence in the 1760's and 1770's, were

surprised to find Virginia and other American colonies to be

economically prosperous, socially mature, and attractive places in

which to live. Englishman after Englishman wrote about Virginians who

lived in a style befitting English country gentry and London merchants.

Over and over again they noted the near absence of poverty, even on the

frontier. Their discoveries matched English political needs. Not only

was it necessary for the Americans to assume a greater share of the

financial burdens, Englishmen now knew they could do it.

These Englishmen also made another major discovery--the colonies were

violating the English constitution. They had grown independent of the

crown and the mother country. They paid little attention to

parliamentary laws and the Navigation Acts; they smuggled extensively

and bribed customs officials; and they traded with the enemy in

wartime. They had developed political practices which conflicted with

the constitution as the British knew it. Legislatures ignored the

king's instructions, often refused to support the war efforts until

they had forced concessions from the governors, and had taken royal and

executive prerogatives unto themselves. Worse yet, royal governors like

Robert Dinwiddie and Francis Fauquier yielded to the demands of the

House of Burgesses and accepted laws explicitly contrary to their royal

instructions. What these Englishmen discovered was the collapse of the

imperial system as set forth in the creation of the Board of Trade in

1696. In its place there had been substituted, quite unnoticed by

British officials, the House of Burgesses which thought of itself as a

miniature House of Commons.[1]

[1] An excellent summary of the ways in which the Virginia

burgesses and their counterparts in North and South Carolina and

Georgia quietly gained the upper hand by mid-century, see Jack P.

Greene, Quest for Power (University of North Carolina Press,

1963).

Once the British made the discovery about these constitutional changes

they quite understandably believed such conditions could not be

ignored. Quite understandably, the Virginians were not willing to give

up rights and privileges which they believed were theirs, or the

semiautonomy they had enjoyed the previous 30 years.

The New Generation in Politics: Britain and Virginia

There came to power in the 1760's an entirely new political leadership

in England. The most important change was the kingship itself. George

II, who had come to the throne in 1727, died in 1760 and was succeeded

by his grandson, George III. Unlike his grandfather and his

great-grandfather, George I (1715-1727), both of whom were essentially

Hanoverians, George III "gloried in the name of Briton" and believed it

was essential for the king to be his own "prime" minister and for the

king to be active in managing the crown's political affairs in

parliament. Unlike the first two Georges, the third George could not

achieve the political stability which Robert Walpole and the Duke of

Newcastle had imposed on parliament from 1720 to 1754. It is well known

that George had a congenital disease which pushed him into periods of

apparent insanity during his long reign (he died in 1820). Present day

medical scholars now believe that this illness was perhaps porphyria or

some type of metabolic illness, which could now be treated and

controlled by diet and medication. Such illness does not appear to have

been a major factor in his actions prior to the Revolution, the first

significant attack not occurring until 1788. Instead, the stolid and

often plodding king tended to rely upon men like the unimaginative Lord

Bute or his somewhat stodgy wife, Charlotte of Mecklenberg (for whom

two Virginia counties and the town of Charlottesville are named.) The

breakdown of the once-powerful Whig political coalition also added to

the king's problems.

About the time George ascended the throne, the English Whigs who had

dominated English politics since 1720 fell victim to their own

excesses. Walpole and Newcastle had controlled and directed parliament

and the ministry through the "judicious" use of patronage and

government contracts and contacts. Nevertheless they had done so with a

consistent governmental program in mind and in a period of peace. By

the 1760's the Whigs had deteriorated into factions quarreling over

patronage, spoils, and contracts, not policy. They became thoroughly

corrupt and interested in power primarily for personal gain.

Consequently, the king could not find anyone whom he could trust who

could also provide leadership and hold together a coalition capable of

doing his business in the House of Commons. He tried Whigs George

Grenville (1763-1765), Lord Rockingham (1765-1766), Lord Chatham, the

former William Pitt (1766-1768), and the Duke of Grafton (1768-1770).

Finally, in 1770, he turned to Lord North and the Tories. North held on

until 1782.

What these frequent changes suggest is that at the height of the

American crisis in the 1760's, when the real seeds of the Revolution

were being sown, the instability of the British parliamentary

government precluded a consistent and rational approach to American

problems. Lacking internal cohesion, the English government could not

meet the threat of external division. It also means that the colonists,

especially the Virginians, saw parliament as being thoroughly corrupt

and the king surrounded by what even the mild-mannered Edmund Pendleton

called "a rotten, wicked administration". Not until the eve of

independence in 1776 were Virginians to think of George as a tyrant and

despot. In fact, he was neither. He was a dedicated man of limited

abilities in an age demanding greatness if the separation of the

American colonies from the empire was to have been prevented. Perhaps

even greatness could not have prevented what some have come to believe

was inevitable. (For a sympathetic study, see King George III, by John

Brooke, McGraw-Hill, New York, 1972).

Leadership also changed dramatically in Virginia in the 1760's. This

was partially due to changing economic conditions. Prosperity did not

return as rapidly as expected. The long war probably masked a basic

flaw in the Virginia economy which Virginians believed they had

solved--they were too reliant on tobacco. The great Virginia fortunes

of the mid-18th Century were built on extensive credit from Britain,

the efficient operation of the mercantile system, the initiative and

enterprise of Scots merchants who had succeeded in marketing in Europe

nearly all the tobacco produced by the new planters in the Piedmont and

Northern Neck, and by the prudence of the planters themselves.

Such a favorable balance of economic factors did not exist in the

1760's. The European market could not absorb continued annual increases

in the good, cheap tobacco Virginia produced. Prices fell. With an

oversupply of tobacco in the warehouses, English and Scots merchants

limited further credit extensions and called for repayment of

long-outstanding loans. Within Virginia the centers of tobacco

production shifted from the older, worn-out Tidewater lands to the

newer, richer soils along the Fall Line, on the Piedmont, and in the

Northern Neck. A few men like George Washington switched from tobacco

to wheat, corn, barley, and rye. Most Tidewater planters did not

realize fully what was happening to them, presuming at first that they

were just in another swing of the unpredictable tobacco business cycle,

and were not caught in a situation which would be permanent. Eventually

the total debt of Virginians, most of it owned by Tidewater planters,

to Scots and English merchant houses reached £2,000,000, equalling the

total private debts of the other 12 colonies.

One other economic factor was apparent to many Virginians--they were

living beyond their means, building fine houses, furnishing them with

exquisite taste, wearing the latest fashions, riding in expensive

carriages, and occasionally over-extending themselves at the gaming

tables and race courses. Although these personal extravagances added to

the debt structure, they would not have been so significant if they had

not been accompanied by a lack of business ability among some of the

younger Tidewater planters. The sons did not seem to have inherited the

same business acumen and hard-driving business instincts of their

fathers and grandfathers. Having grown up in a period of affluence,

they were eternally optimistic that it would continue, that their

setbacks were temporary, and their social positions were secure. Like

men everywhere when their private world begins to break down, they

tended to strike out at those closest to them--the merchants who

extended the credit, the tobacco buyers who would not pay top prices,

and the politicians in power. It was not the best of times for London

to be asking some Virginians to pay new and quite different taxes.

Had the opposition to taxes been led mainly by those who faced bleak

economic futures or the loss of once-powerful positions and declining

family status, one could agree with those who say that the reaction of

Virginians to the Currency, Sugar, Stamp, or Tea Acts was primarily

economic. However, there were many other rising young leaders, families

which had managed their estates, and men who lived within their means,

paid attention to their debts, and resisted credit extensions until

their tobacco was harvested and cured. They also took violent exception

to crown and parliamentary solutions to imperial problems. The growing

personal indebtedness caused Virginians to rethink their economic ties

to the empire, it did not cause them to seek independence in order to

avoid paying their bills.[2]

[2] For differing views of the debt situation see Lawrence H.

Gipson, The Coming of the Revolution (Harper and Row: New

York, 1954), 40-54, and Emory G. Evans, "Planter Indebtedness and

the Coming of the Revolution in Virginia," William and Mary

Quarterly, 3rd. series, XIX (1962), 511-33. Evans holds an

anti-debt position.

Political leadership changed during the 18th Century from the council

to the House of Burgesses and from a few great families to a

broad-based gentry. In the early 18th Century several great families

directed Virginia politics. Mostly members of the Governor's Council,

they not only won power and wealth for themselves, they challenged the

power of the royal governors and managed to defeat or neutralize

several strong-willed governors, including Governor Francis Nicholson

(1698-1705) and Governor Alexander Spotswood. They even converted

Spotswood into a Virginia planter. The council reached its height of

power in the 1720's and then lost its influence as the great planters

passed on. Robert "King" Carter died in 1732, Commissary James Blair in

1743, William Byrd II in 1744, Thomas Lee in 1750, and Lewis Burwell in

1751. Only Thomas Lee successfully passed on his political position to

his heir, Richard Henry Lee. Unlike his father, Lee achieved his power

in the House of Burgesses.

The day of the House of Burgesses had come. Its leader was John

Robinson, of King and Queen County, whose father and uncle had been

councilors. From the day in 1738 when he became Speaker of the House

and Treasurer of Virginia until his death in 1766, Robinson quietly and

efficiently built the power and influence of the burgesses. He took as

his watchword the promise of his predecessor as speaker, Sir John

Randolph, to the burgesses:

The Honour of the House of Burgesses hath of late been raised

higher than can be observed in former Times; and I am persuaded you

will not suffer it to be lessened under your Management.

I will be watchful of your Privileges, without which we should be

no more than a dead Body; and advertise you of every Incident that

may have the least tendency to destroy or diminish them...[3]

[3] Journal of House of Burgesses, 5 August 1736.

Robinson never flagged in his devotion to protecting and advancing the

privileges of the house.

Robinson correctly understood the times. By the 1730's the number of

affluent families numbered well over 100 and could no longer be

effectively represented by the 12-member council. Many burgesses not

only were as wealthy as councilors, they were their social equals.

Quite commonly they were their brothers or nephews. As the burgesses

gained the ascendancy over the council, the house became, in the words

of Carl Bridenbaugh, "the tobacco gentry club". There sat the new

generation of Randolphs, Harrisons, Nelsons, Robinsons, and Lees.

There developed around Robinson and his cousin, Attorney-General Peyton

Randolph, a group of like-minded gentry known in Virginia politics as

the "Robinson-Randolph Clique." Mostly planters and burgesses from the

James and York river basins, they included a few of their heirs who had

built substantial plantations on the Piedmont. Their principal rivals

had been northern Tidewater and Northern Neck planters led by Councilor

Thomas Lee and then by Richard Henry Lee. Although these rival gentry

groups might compete for choice lands in western Virginia and the Ohio

Valley and for royal offices and positions of influence, they did not

differ in political philosophy. Nor did they deny house leadership to

men with talent. Unlike their counterparts in the House of Commons they

did not differ on matters of English policy--political and economic

decisions were to be made in Virginia by Virginians and not by royal

governors, the Board of Trade, the crown, or the English Parliament.

Above all it was not to be made by parliament. They were the parliament

for Virginia.

In the 1760's three new groups joined the prevailing Robinson-Randolph

leadership. The first was the generation born in the 1730's and 1740's

which would reach maturity in the 1760's and be waiting to enter the

"tobacco club" as a matter of birth. The second was a generation of men

who had achieved wealth and influence, mainly in the Piedmont, whose

fathers and brothers had not been in the first rank of planter gentry.

The third was a new element--burgesses from recently established

frontier counties who had the ambition, drive, and determination to

make good which were characteristics of the late 17th Century founders

of the great families. Rarely did these men want to overturn the

prevailing political leadership, they wanted to join it. The declining

fortunes of the Tidewater planters and the crises of the 1760's

accelerated the rise to power of all three of these new elements in the

House of Burgesses.

The Political Philosophy of Virginia, 1763

From that moment on September 2, 1774, when the Virginians appeared at

the First Continental Congress in Philadelphia, and John Adams recorded

in his diary, "The gentlemen from Virginia appear to be the most

spirited and consistent of any", until Chief Justice John Marshall died

in 1835, Americans marveled at the quality, quantity, and political

brilliance of this generation of revolutionary Virginians. And we have

marveled since. It was not just the towering national figures like

Patrick Henry, Richard Henry Lee, George Washington, Thomas Jefferson,

James Madison, James Monroe, and John Marshall, or the great state

leaders like Peyton Randolph, Richard Bland, George Wythe, or Edmund

Pendleton who astounded contemporaries. It was the fact that they knew

of other men in Virginia as capable--Thomas Nelson, Jr., Benjamin

Harrison, Severn Eyre, Francis Lightfoot Lee, John Page, John Blair,

Jr., Robert Carter Nicholas, or Dr. Thomas Walker.

The key to the political sagacity of these revolutionary Virginians is

found in the willingness of an elite group of planter gentry to serve

government and to serve it well and in the acceptance of their

leadership by the rest of the Virginians. It is found in the

enlightened attitudes these leaders had about their responsibilities as

officeholders to the people. It is found in the day-to-day operations

of government in the county and the General Assembly not just in the

great crises of the Stamp Act, the Coercive Acts, and Lexington and

Concord. Liberty and freedom do not spring full-blown into life only in

times of trial, they are nurtured carefully and often unknowingly over

the years. They demand, as Jefferson said, "eternal vigilance".

Certainly, liberty and freedom were not allowed to atrophy and become

weak in colonial Virginia. Instead, it was the English who had not been

vigilant and who had allowed a particularly strong concept of liberty

to grow strong in Virginians.

How could a planter elite become the fount of republicanism.[4] First,

the common bond of land and tobacco farming gave the large and small

planters similar economic interests and a homogeneous society, at least

east of the Blue Ridge Mountains. Second, the less-affluent farmer

naturally elected his more prosperous neighbors to the House of

Burgesses. The poorly run plantation was no recommendation for a public

office whose main responsibility was promoting agricultural prosperity.

Third, the hard-working small farmers lacked the time and money to

serve in public office. Virginia had a long tradition of voluntary

service in local government and only a small per diem allowance for

attending the House of Burgesses. Finally, social mobility was fairly

fluid in a fast-growing society, and the standard of living among the

lower classes had improved visibly in pre-Revolutionary Virginia. The

independent farmers and small slaveholders saw no reason to oust or

destroy the power of the larger planters. They wanted to emulate them

and they fully expected to be able to do so.

[4] See D. Alan Williams, "The Virginia Gentry and the Democratic

Myth", Main Problems in American History, 3rd. ed. (Dorsey Press,

Homewood, Illinois, 1971), 22-36.

The liberal humanism of the planter gentry did much to assure the

people that they had little to fear from their "betters". The gentry

served because they believed in noblesse oblige--with power and

privilege went responsibility. Honor, duty, and devotion to public and

class interest called them to office, and they took that call

seriously. They alone had the time, the financial resources, and the

education necessary for public office. As social leaders they were

expected to set an example in manners and public morals, to uphold the

church, to be generous with benevolences, to serve with enlightened

self-interest, and to be paragons of duty and dignity. With a certain

amount of condescension and considerable truth, they thought colonial

Virginia would be ill-served if they refused to lead and government was

run by those who were less qualified to hold office. They set a

standard which has remained the benchmark of Virginia political ethics.

Though they remembered their own interests, the burgesses believed they

were bound to respect and protect those of others. This was a

fundamental part of Virginia public ethics and was one reason for the

absence of extensive political corruption. They held that sovereignty

was vested in the people, who delegated certain powers to government.

This they believed long before the Revolution. As early as 1736 Sir

John Randolph reminded the burgesses:

We must consider ourselves chosen by all the People; sent hither to

represent them, to give their Consent in the weightiest of their

Concerns; and to bind them by Laws which may advance their Common

Good. Herein they trust you with all that they have, place the

greatest Confidence in your Wisdoms and Discretions, and testify

the highest Opinion of your virtue.[5]

[5] Journal of House of Burgesses, 5 August 1736.

When Randolph made these remarks, he was telling the burgesses what

they already knew and at a time when there were no pressing public

issues. It was this abiding interrelationship between electorate and

representatives which was the strength of the Virginia political

system. The gentry extolled republicanism not only because it seemed

the right and just attitude but also because it worked.

The small farmers and slaveholders acted as a restraint upon any

tendency toward oligarchy which the gentry might have entertained. The

small farmers were in the majority and they had the right to vote. The

percentage of white males who voted in the 18th Century elections was

quite high. True, the colonial voters elected only the burgesses, but

that single choice was an important guarantee of their rights, since

the House of Burgesses was the strongest political body in Virginia.

Thomas Jefferson once remarked that the election process itself tended

to eliminate class conflicts and extremism: the planter aristocrat with

no concern for the small farmer was not apt to be elected, and the man

who demagogically courted the popular vote was ostracized by the

gentry. Therefore, the House of Burgesses became, at the same time, the

center of planter rule and of popular government.[6]

[6] For a short well-written discussion of the election process

see Charles S. Sydnor, Gentlemen Freeholders: Political Practices

in Washington's Virginia (University of North Carolina, 1952,

reprinted in paperback as Revolutionaries in the Making:

Political Practices in Washington's Virginia.)

The constitutional philosophy of the House of Burgesses proclaimed in

response to the Grenville revenue program in 1764 was not new. When

Patrick Henry electrified the burgesses with his Stamp Act Resolves in

May 1765, he was not setting forth a new concept of government, he was

reaffirming, in a most dramatic form, constitutional positions the

burgesses themselves well understood. The burgesses had developed their

constitutional positions during the 1750's in response to a series of

minor, isolated events--royal disallowance, the Pistole Fee

Controversy, and the Two-Penny Act.

After trying for years to codify and reform laws long in use, the

General Assembly in 1748 completed a general revision of the laws.

Included in these revisions were several laws already in force and

approved by the crown. The assembly did not include a suspending clause

with these acts, (holding up their implementation until the crown had

an opportunity to approve them). While a suspending clause was supposed

to be attached, the assembly had not done so regularly for years and

the governors had not challenged them, nor had the crown complained. In

1752, however, the crown disallowed half-a-dozen laws, claiming the

assembly had intruded upon the king's rights and ignored the governor's

instructions. Angered, the assembly protested this "new" behavior by

the crown and asserted they could not remember when the king had vetoed

laws which were of no consequence to the crown, nor contrary to

parliamentary law, but which were of importance to Virginia. It was the

beginning of a long struggle.

In 1752 there also occurred a second and more decisive dispute--the

Pistole Fee Controversy. One of the frequently overlooked events in

Virginia, this debate between the royal governor and the House of

Burgesses brought forth the classic constitutional defense by the house

of its right, and its right alone, to tax Virginians. The burgesses'

powers, as proclaimed by Richard Bland, became the fundamental argument

by Virginians against royal encroachment upon what they believed were

their rights.

Shortly after his arrival in Virginia Governor Robert Dinwiddie

announced his intention to charge one pistole (a Spanish coin worth

about $3.50) for applying the governor's seal to all land grants. The

council, believing this was a routine fee for a service rendered,

concurred. The storm of protest which followed amazed Dinwiddie. The

burgesses accused Dinwiddie of usurping a right not his in order to

line his pockets. This was not a fee, it was a tax, and only the

burgesses could initiate a tax on Virginians. Dinwiddie denied that the

fee was solely for his personal remuneration. Instead, he maintained

his aim was to return to the tax rolls millions of acres of land

withheld by Virginians in order to prevent collection of the annual

quit-rent on the land which every Virginia landowner paid the crown. In

the heated debates which followed, both parties built their cases

around the rights and privileges each claimed was its own. The ultimate

outcome, which resulted in a compromise by the crown, satisfactory to

both Dinwiddie and the burgesses, is not as important as the

constitutional argument put forth by the burgesses.

The house resolutions included ringing phrases which would become

familiar in the 1760's:

The Rights of the Subject are so secured by Law, that they cannot

be deprived of the least Part of their Property, but by their own

Consent; Upon this excellent Principle is our Constitution founded

... That the said Demand is illegal and arbitrary, contrary to the

Charters of this Colony, to his Majesty's and his Royal

Predecessor's Instructions to the several Governors, and the

Express Order of his Majesty King William of Glorious Memory ...

That whoever shall hereafter pay a Pistole ... shall be deemed a

betrayer of the Rights and Privileges of the People.[7]

[7] Journal of House of Burgesses, 1752-1758, 143, 154-155.

The author of these resolves was Richard Bland, a tough-minded burgess

from Prince George County, descendant of one of the colony's oldest

families. One of the earliest graduates of the College of William and

Mary to achieve a major position in the burgesses, he was one of the

most widely read. He held four beliefs common to the revolutionary

generations, beliefs he translated into major works during the Pistole

Fee Controversy, the Parsons' Cause, the Stamp Act, and the later

revenue crises:

the eternal validity of the natural-law doctrines most cogently

stated by John Locke;

the superiority over all other forms of government of the English

Constitution, of which an uncorrupted model or extension was the

peculiar property of the Virginians;

the like superiority of those unique rights and liberties which

were the heritage of the free-born Englishman; and

the conviction that the good state rests on the devotion of men of

virtue, wisdom, integrity, and justice.[8]

[8] Clinton Rossiter, Six Characters in Search of a Republic

(Harcourt, Brace: New York, 1964), chap. 5, "Richard Bland, the

Whig in America", 184.

In addition to the house resolutions, Bland wrote a closely reasoned

essay attacking the Pistole Fee, A Modest and True State of the

Case (1753). Only a portion survives and is known as A Fragment

Against the Pistole Fee. His underlying principle, one which the

British ignored and Virginians never forget, is cogently set forth.

The Rights of the Subjects are so secured by Law that they cannot

be deprived of the least part of their property without their own

consent. Upon this Principle of Law, the Liberty and Property of

every Person who has the felicity to live under a British

Government is founded. The question then ought not to be the

smallness of the demand but the Lawfulness of it. For if it is

against Law, the same Power which imposes one Pistole may impose a

Hundred ...

LIBERTY & PROPERTY are like those precious Vessels whose soundness

is destroyed by the least flaw and whose use is lost by the

smallest hole.

Virginians never deviated from this view.

In 1818 John Adams, when asked what was the Revolution, replied, "the

Revolution was effected before the war commenced. The Revolution was in

the minds and hearts of the people ... This radical change in the

principles, sentiments, and affections of the people, was the real

American Revolution." In Virginia, the Revolution began in the minds

and hearts of the House of Burgesses with the Pistole Fee. Its author

was Richard Bland.

The third event was the Parsons' Cause. This event reached the people,

and in it the people found a spokesman--Patrick Henry. The Parsons'

Cause was an outgrowth of the Two-Penny Acts. Nearly all Virginia

salaries and most taxes were paid in tobacco, rather than specie (hard

money). Many officials, including the clergy, had their salaries set by

acts of the assembly at a specified number of pounds of tobacco per

year. In the case of the clergy this was a minimum of 16,000 lbs. per

year. In the 1750's a series of droughts and other natural disasters

brought crop shortages in some areas, driving tobacco prices well

beyond normal levels. In 1753 and again in 1755 the assembly allowed

taxpayers to pay taxes in either tobacco or specie at the rate of two

pennies per pound of tobacco owed. On one hand this seemed eminently

fair. The crop shortages worked a double penalty on the planter--he had

little tobacco because of the weather, but he was forced to pay his

taxes in valuable tobacco he did not have. On the other hand, the

clergy and others protested they received no relief when tobacco was in

oversupply and the price was low. More importantly, they had a contract

which had been enacted into law and approved by the king. No assembly

could repeal a law approved by the king without his approval. In 1753

and 1755 the issue faded away.

Then in 1758 the assembly passed another Two-Penny Act, applying

throughout the colony and to all officials and even to private debts.

Governor Francis Fauquier, although knowing that he could not put such

a law into effect until the king had given his approval, decided he

would do the politically expedient thing and signed the bill.

Fauquier reckoned without the tenacity of the clergy led by the Rev.

John Camm, a William and Mary college professor and parish pastor.

Camm, whom Fauquier called "a Man of Abilities but a Turbulent Man who

Delights to live in a Flame", later became President of the college,

rector of Bruton Parish Church, and a member of the council.

In 1759 he was determined to receive what he believed was his

guaranteed salary. Camm believed the law unconstitutional on two

grounds: the assembly had passed a law repealing one already approved

by the king, and Fauquier had permitted the law to go into effect

without the suspending clause period taking place. At the behest of

many Anglican clergy, Camm went to England. Presenting the parsons'

case to the Bishop of London, who in turn forwarded the case to the

Privy Council, Camm succeeded. The king declared the law

unconstitutional.

Virginians were outraged. Unlike the Pistole Fee, which touched most

directly the larger planters and the burgesses, the Parsons' Cause

enflamed the entire populace. Camm and a number of clergymen sued in

county courts for back salary. They received little satisfaction.

Several county courts went so far as to declare the Two-Penny Act legal

despite the king's disallowance.

Hanover County Court took a different tack. There the Rev. James Maury,

Jefferson's field school teacher and hard-pressed father of 11

children, sued the vestry of Fredericksville Parish for his salary. The

county court upheld his right to sue for claims and called for a jury

trial to set the damages. Ironically, one of the clergymen who would

benefit from a favorable verdict for Maury was the Rev. Patrick Henry.

Presiding over the county court on December 1, 1763, was his brother,

John Henry. Defending the parish vestry was his nephew and namesake,

and the son of the justice, Patrick Henry. Hanover County was a center

of Presbyterianism and in the jury box undoubtedly sat men who already

had a dislike for Anglican clergymen whose salaries they were compelled

to pay but whose churches they did not attend.

Young Patrick Henry, in his first prominent trial, launched immediately

into a scathing attack on the established clergy, calling them

"rapacious harpies", men who would "snatch from the hearth of their

honest parishioners his last hoe-cake, from the widow and her orphan

children their last milch cow; the last bed, nay, the last blanket from

the lyin-in woman". Having stunned his audience into silence, Henry

turned his invective upon the king. Although the constitutionality of

the law was not an issue, because the county court had already decided

it was constitutional, Henry proceeded to excoriate the king himself

for violating the English constitution. His biographer, Robert Meade,

notes:

Henry insisted on the relationship and reciprocal duties of the

King and his subjects. Advancing the doctrine of John Locke as

popularized by Richard Bland and other colonial leaders, he

contended that government is a conditional compact, composed of

mutually dependent agreements 'of which the violation by one party

discharged the other'. He bravely argued that the disregard of the

pressing wants of the colony was 'an instance of royal misrule',

which had thus far dissolved the political compact, and left the

people at liberty to consult their own safety.[9]

[9] Robert D. Meade, Patriot in the Making (Patrick Henry)

(Lippincott: Philadelphia, 1957), 132.

The jury retired, and then returned with its verdict--one penny damages

for Parson Maury. Henry had lost the legal case, he had won the battle

for their minds and hearts.

Out of the Parsons' Cause in 1763 came four important developments: the

Anglican clergy suffered an irreparable setback and loss of status; the

House of Burgesses now closely scrutinized the instructions from king

to governor; the suspending clause was seen as a direct challenge to

colonial legislative rights; and Patrick Henry burst forth as the

popular spokesman for Virginia rights, winning a seat in the 1765

election to the House of Burgesses. In 1763 few people were willing to

accept his premise that the king had been guilty of "royal misrule". In

a dozen years they would.

Thus, by 1763 the fundamental political principles which would bring

Virginia to independence already had been proclaimed. They were not

developed in response to British actions, but Virginia experiences.

They awaited only the specific challenges before they would be

transformed into inalienable rights. Within a few months those

challenges tumbled forth from Britain.

The Road to Independence: Virginia 1763-1783 · 第 1 / 5 章