CHAPTER V

’Twas hardly an opportune time for statesmen in London to make a new and

larger place for England’s authority in America, and yet that was what

they immediately attempted. Save Chatham and Burke and a few discerning

men who had neither place nor power, there was no longer any one in

England who knew, though it were never so vaguely, the real temper and

character of the colonists. ’Twas matter of common knowledge and

comment, it is true, that the men of Massachusetts were beyond all

reason impatient of command or restraint, affecting an independence

which was hardly to be distinguished from contumacy and insubordination;

but what ground was there to suppose that a like haughty and

ungovernable spirit lurked in the loyal and quiet South, or among the

prudent traders and phlegmatic farmers who were making the middle

colonies so rich, and so regardful of themselves in every point of gain

or interest? Statesmen of an elder generation had had a sure instinct

what must be the feeling of Englishmen in America, and had, with “a wise

and salutary neglect,” suffered them to take their own way in every

matter of self-government. Though ministry after ministry had asserted a

rigorous and exacting supremacy for the mother-country in every affair

of commerce, and had determined as they pleased what the colonies

should be suffered to manufacture, and how they should be allowed to

trade--with what merchants, in what commodities, in what bottoms, within

what limits--they had nevertheless withheld their hands hitherto from

all direct exercise of authority in the handling of the internal affairs

of the several settlements, had given them leave always to originate

their own legislation and their own measures of finance, until

self-government had become with them a thing as if of immemorial

privilege. Sir William Keith, sometime Governor of Pennsylvania, had

suggested to Sir Robert Walpole that he should raise revenue from the

colonies. “What!” exclaimed that shrewd master of men. “I have Old

England set against me, and do you think I will have New England

likewise?”

But men had come into authority in England now who lacked this stout

sagacity, and every element of sound discretion. English arms and

English money, they could say, had swept the French power from America

in order that the colonies might no longer suffer menace or rivalry. A

great debt had been piled up in the process. Should not the colonies,

who had reaped the chief benefit, bear part of the cost? They had

themselves incurred burdensome debts, no doubt, in the struggle, and

their assemblies would very likely profess themselves willing to vote

what they could should his Majesty call upon them and press them. But an

adequate and orderly system of taxation could not be wrought out by the

separate measures of a dozen petty legislatures; ’twere best the

taxation should be direct and by Parliament, whose authority, surely, no

man outside turbulent Boston would be mad enough seriously to question

or resist. It would, in any event, be wholesome, now the colonies were

likely to grow lusty as kingdoms in their roomy continent, to assert a

mother’s power to use and restrain--a power by no means lost because too

long unexercised and neglected. It was with such wisdom the first step

was taken. In March, 1764, Parliament voted it “just and necessary that

a revenue be raised in America,” passed an act meant to secure duties on

wines and sugars, and took measures to increase the efficiency of the

revenue service in America.

George Grenville was Prime-Minister. He lacked neither official capacity

nor acquaintance with affairs. He thought it just the colonists should

pay their quota into the national treasury, seeing they were so served

by the national power; and he declared that in the next session of

Parliament he should propose certain direct taxes in addition to the

indirect already in force. He saw no sufficient reason to doubt that the

colonies would acquiesce, if not without protest, at least without

tumult or dangerous resistance. It was a sad blunder. Virginia resented

threat and execution alike in such a matter as deeply as did litigious

Massachusetts. A long generation ago, in the quiet year 1732, when bluff

Sir Robert was Prime-Minister, there had been an incident which Governor

Keith, maybe, had forgotten. The ministry had demanded of Massachusetts

that she should establish a fixed salary for her governors by a standing

grant; but she had refused, and the ministers had receded. The affair

had not been lost upon the other colonies. That sturdy onetime royal

Governor, Alexander Spotswood, in Virginia, had noted it very

particularly, and spoken of it very bluntly, diligent servant of the

crown as he was, to Colonel William Byrd, when he came his way on his

“progress to the mines.” He declared “that if the Assembly in New

England would stand bluff, he did not see how they could be forced to

raise money against their will, for if they should direct it to be done

by act of Parliament, which they have threatened to do (though it be

against the right of Englishmen to be taxed but by their

representatives), yet they would find it no easy matter to put such an

act in execution.” No observing man could so much as travel in Virginia

without finding very promptly what it was that gave point and poignancy

to such an opinion. That quiet gentleman the Rev. Andrew Burnaby, Vicar

of Greenwich, was in Virginia in 1759, and saw plainly enough how

matters stood. “The public or political character of the Virginians,” he

said, “corresponds with their private one; they are haughty and jealous

of their liberties, impatient of restraint, and can scarcely bear the

thought of being controlled by any superior power. Many of them consider

the colonies as independent states, not connected with Great Britain

otherwise than by having the same common King and being bound to her

with natural affection.” Not only so, but “they think it a hardship not

to have an unlimited trade to every part of the world.” All this, and

more, Grenville might have learned by the simple pains of inquiry. One

had but to open his eyes and look to see how imperious a race had been

bred in the almost feudal South; and, for all they had never heard

revolutionary talk thence, ministers ought to have dreaded the leisure

men had there to think, the provocation to be proud, the necessity to be

masterful and individual, quite as much as they had ever dreaded the

stubborn temper and the quick capacity for united action they had once

and again seen excited in New England.

[Illustration: TAZEWELL HALL, THE HOUSE OF THE RANDOLPHS

(After a print in _Omitted Chapters of History in the Life and Papers of

Edward Randolph_.

By Courtesy of G. P. Putnam’s Sons)]

[Illustration: WILLIAM AND MARY COLLEGE

(From an old print)]

It was not necessary to try new laws to see what the colonies would do

if provoked. The difficulty already encountered in enforcing the laws of

trade was object-lesson enough; and the trouble in that matter had grown

acute but yesterday. For long, indeed, no one in the colonies questioned

the right of Parliament to regulate their trade; but it was notorious

that the laws actually enacted in that matter had gone smoothly off in

America only because they were not seriously enforced. “The trade hither

is engrossed by the Saints of New England,” laughed Colonel Byrd, “who

carry off a great deal of tobacco without troubling themselves with

paying that impertinent duty of a penny a pound.” The Acts of Trade

practically forbade direct commerce with foreign countries or their

dependencies, especially in foreign bottoms; but ships from France,

Spain, and the Canary Isles came and went very freely, notwithstanding,

in colonial ports; for royal officials liked to enjoy a comfortable

peace and the esteem of their neighbors, and very genially winked at

such transgressions. Cargoes without number were sent to the Dutch and

Spanish West Indies every year, and as many brought thence, which were

undoubtedly forfeit under the navigation laws Parliament had been at

such pains to elaborate and enforce; and privateering as well as

smuggling had for long afforded the doughty seamen of Boston, Salem,

Charleston, and New York a genteel career of profit. Things had come to

such a pass that where business went briskly the people of the colonial

ports demanded as of right “a full freedom of illegal trade,” and broke

sometimes into riot when it was denied them. The Boston _News Letter_

had been known very courteously to mourn the death of a worthy collector

of his Majesty’s customs because, “with much humanity,” he had been

used to take “pleasure in directing masters of vessels how they ought to

avoid the breach of the Acts of Trade.” Sea captains grew accustomed to

very confidential relations with owners and consignees, and knew very

well, without official counsel, how to take the advice “not to declare

at the Custom-house”; and things went very easily and cordially with all

parties to the understanding.

In 1761 that understanding was of a sudden rudely broken and the trouble

began, which Grenville had the folly to add to. The Board of Trade

determined to collect the duties on sugar, molasses, and rum, so long

and so systematically evaded in the trade between New England and the

West Indies, at whatever cost of suit and scrutiny, and directed their

agents in Boston to demand “writs of assistance” from the courts, giving

them leave to enter what premises they would in search of smuggled

goods. There were instant exasperation and resistance. General

search-warrants, opening every man’s door to the officers of the law,

with or without just and explicit ground of suspicion against him, no

English subject anywhere would submit to; and yet these writs authorized

nothing less. Issued under a questionable extension to America of an

exceptional power of the Court of Exchequer, they violated every

precedent of the common law, no less than every principle of prudent

administration; and the excitement which they provoked was at once deep

and ominous. Sharp resistance was made in the courts, and no officer

ever ventured to serve one of the obnoxious writs. Such challenge of the

process was uttered by colonial counsel upon trial of the right,

moreover, that ministers would be without excuse should they ignore the

warning, so explicit and so eloquent of revolutionary purpose. It was

James Otis who uttered it. He had but the other day carried the royal

commission in his pocket as Advocate-General in his Majesty’s Court of

Admiralty; but he would not have scrupled, even as his Majesty’s

servant, he said, to oppose the exercise of a power which had already

cost one King his head and another his throne. To oppose in such a case

was to defend the very constitution under which the King wore his crown.

That constitution secured to Englishmen everywhere the rights of

freemen; the colonists had, besides, the plain guarantees of their own

charters; if constitution and charter failed, or were gainsaid, the

principles of natural reason sufficed for defence against measures so

arrogant and so futile. No lawyer could justify these extraordinary

writs; no King with an army at his back could ever force them to

execution.

Protest not only, but defiance, rang very clear in these fearless words;

and ministers must avow themselves very ignorant should they pretend

they did not know how Mr. Otis had kindled fire from one end of the

colonies to the other. But Grenville was resolute to take all risks and

push his policy. He did not flinch from the enforcement of the measures

of 1764, and in the session of 1765 calmly fulfilled his promise of

further taxation. He proposed that the colonists should be required to

use revenue stamps upon all their commercial paper, legal documents,

pamphlets, and newspapers; and that, at once as a general measure of

convenience and a salutary exhibition of authority, his Majesty’s troops

stationed in the plantations should be billeted on the people.

Parliament readily acquiesced. It was thus Grenville purposed

“defraying the expenses of defending, protecting, and securing” the

colonies; but he came near losing them instead. The act was passed in

March; it was not to go into effect until November; but the colonists

did not keep him waiting until November for their protests. It was the

voice of a veritable tempest that presently came over sea to the ear of

the startled minister. And it was not the General Court of turbulent

Massachusetts, but the House of Burgesses of loyal Virginia that first

spoke the general indignation. Already in the autumn of 1764, upon the

mere threat of what was to come, that House had spoken very urgently

against the measures proposed, in a memorial to King and Parliament,

which, amidst every proper phrase of loyalty and affection, had plainly

declared it the opinion of his Majesty’s subjects in Virginia that such

acts would be in flat violation of their undoubted rights and liberties;

and the committee by which that memorial was drawn up had contained

almost every man of chief consequence in the counsels of the colony, the

King’s Attorney-General himself not excepted. But it was one thing to

protest against measures to come and quite another to oppose their

execution when enacted into laws. The one was constitutional agitation;

the other, flat rebellion--little less. It was very ominous to read the

words of the extraordinary resolutions passed by the Burgesses on the

30th of May, 1765, after the Stamp Act had become law, and note the tone

of restrained passion that ran through them. They declared that from the

first the settlers of “his Majesty’s colony and dominion” of Virginia

had possessed and enjoyed all the privileges, franchises, and immunities

at any time enjoyed by the people of Great Britain itself; and that

this, their freedom, had been explicitly secured to them by their

charters, “to all intents and purposes as if they had been abiding and

born within the realm of England”; “that the taxation of the people by

themselves or by persons chosen by themselves to represent them” was “a

distinguishing characteristic of British freedom, without which the

ancient constitution” of the realm itself could not subsist; “and that

his Majesty’s liege people of this most ancient colony” had

“uninterruptedly enjoyed the right of being thus governed by their

assemblies in the article of their taxes and internal police,” had never

forfeited or relinquished it, and had seen it “constantly recognized by

the Kings and people of Great Britain.”

Spoken as it was in protest against actual legislation already adopted

by Parliament in direct despite of all such privileges and immunities,

this declaration of rights seemed to lack its conclusion. The

constitutional rights of Virginians had been invaded. What then?

_Resolved_, therefore, “that his Majesty’s liege people, the inhabitants

of this colony, are not bound to yield obedience to any law or ordinance

whatever designed to impose any taxation whatsoever upon them, other

than the laws or ordinances of the General Assembly aforesaid,” and

“that any person who shall, by speaking or writing, assert or maintain”

the contrary “shall be deemed an enemy of his Majesty’s colony.” Such

had been the uncompromising conclusion drawn by the mover of the

resolutions. What other conclusion could any man draw if he deemed the

colonists men, and proud men at that? But the Burgesses would not go so

far or be so explicit. They feared to speak treason; they were content

to protest of their rights, and let the issue bring conclusions to

light. It had been hot fighting to get even that much said. The men

hitherto accepted always as leaders in the House had wished to hold it

back from rash and heated action, and there had been bitter debates

before even those significant premises for a revolutionary conclusion

had been forced to adoption. Old leaders and new, young men and old

alike, had willingly united in the memorial of 1764; but now that the

Stamp Act was law, conservative members shrank from doing what must look

so like a flat defiance of Parliament. Only young men would have had the

audacity to urge such action; only very extraordinary young men would

have had the capacity to induce the House to take it. But such young men

were at hand, their leader as veritable a democrat as had ever taken the

floor in that assembly.

Patrick Henry was not of the aristocracy of the colony. Good Scots blood

ran in his veins, quickened by the lively strain of an old Welsh stock.

His father came of a race of scholars, and, good churchman though he

was, knew his Livy and his Horace better than his Bible. His mother came

of a vivacious line of easy-going wits and talkers, which but a touch

more of steadiness and energy might any day have made famous. His father

had served his county of Hanover very capably and acceptably as

surveyor, colonel, magistrate, and his uncle had been beloved as the

faithful pastor of quiet parishes. But they had been no long time in the

colony; they lived back from the tide-water counties where the real

aristocracy had its strength and supremacy; they were of that middle

class of yeomen-gentlemen who love liberty but do not affect rank. “A

vigorous aristocracy favors the growth of personal eminence even in

those who are not of it, but only near it,” and these plain men of the

middle counties were the more excellent and individual in the

cultivation of their powers by reason of the contact. But there was a

touch of rusticity, a neglect of polish, a rough candor of speech, about

them which set them apart and distinguished them sharply enough when

they came into the presence of the courtly and formal gentlemen who

practised the manners of London in the river counties. Patrick Henry, at

any rate, must have seemed a very rustic figure to the Burgesses when he

first came to take his seat amongst them on a May day in 1765. He was

known, indeed, to many. This was the man, they must have known, who had

won so strange a verdict from a jury two years ago in the celebrated

parsons’ case at Hanover court-house, against the law and the evidence.

But his careless dress and manner, his loose, ungainly figure, his

listless, absent bearing, must have set many a courtly member staring.

For such men as Washington, indeed, there can have been nothing either

strange or unattractive in the rough exterior and unstudied ways of the

new member. Punctilious though he was himself in every point of dress

and bearing, Washington’s life had most of it been spent with men who

looked thus, and yet were stuff of true courage and rich capacity

within. The manner of a man could count as no test of quality with him.

His experience had covered the whole variety of Virginian life. He was

an aristocrat by taste, not by principle. And Patrick Henry had, in

fact, come to the same growth as he in essential quality and principle,

though by another way. Henry’s life had been wilful, capricious, a bit

haphazard, Washington’s all the while subject to discipline; but both

men had touched and seen the whole energy of the commonwealth, knew its

hope, could divine its destiny. There was but one Virginia, and they

were her children. It could not take long to bring them to an

understanding and comradeship in affairs.

It was characteristic of the new member that he should step at once and

unhesitatingly to a place of leadership when debate of the Stamp Act

stirred the House, and that he should instantly sweep the majority into

his following with a charm and dash of eloquence that came like a

revelation upon the quiet assembly. He was but twenty-nine years old,

but he had spent all his life in learning how the world went, and by

what manner of speech it was moved and governed. He had roamed the woods

with no thought but for sport, or a quiet hour with a book or his fancy

in the shade of the trees. He had kept a country store, and let gossip

and talk of affairs of colony and country-side take precedence of

business. Finally he had turned with a permanent relish to the law, and

had set himself to plead causes for his neighbors in a way that made

judges stare and juries surrender at discretion. In everything he had

seemed to read the passions of men. Books no less than men, the chance

company of an old author no less than the constant talk of the

neighborly land he lived in, seemed to fill him with the quick

principles of the people and polity to which he belonged, and to lend

him as inevitably every living phrase in which to utter them. The

universal sympathy and insight which made his pleasantry so engaging to

men of every stamp rendered his power no less than terrible when he

turned to play upon their passions. He was not conscious of any audacity

when he sprang to his feet upon the instant he saw the House resolved

into committee to consider the Stamp Act. It was of the ardor of his

nature to speak when conviction moved him strongly, without thought of

propriety or precedence; and it was like him to stand there absorbed,

reading his resolutions from a fly-leaf torn from an old law-book.

It seemed no doubt a precious piece of audacity in the eyes of the

prescriptive leaders of the House to hear this almost unknown man

propose his high recital of Virginia’s liberties and his express

defiance of Parliament--in tones which rang no less clear and confident

upon the clause which declared “his Majesty’s liege people” of the

colony in no way bound to yield obedience, than in the utterance of the

accepted matter of his premises. Debate flamed up at once, hot, even

passionate. The astounding, moving eloquence of the young advocate, his

instant hold upon the House, the directness with which he purposed and

executed action in so grave a matter, stirred the pulses of his

opponents and his followers with an equal power, and roused those who

would have checked him to a vehemence as great as his own. The old

leaders of the House, with whom he now stood face to face in this

critical business, were the more formidable because of the strong reason

of their position. No one could justly doubt that they wished to see the

Old Dominion keep and vindicate her liberty, but they deemed it folly to

be thus intemperately beforehand with the issue. Almost to a man they

were sprung of families who had come to Virginia with the great

migration that had brought the Washingtons, in the evil day when so many

were fleeing England to be quit of the Puritan tyranny--royalists all,

and touched to the quick with the sentiment of loyalty. ’Twas now a

long time since Cromwell’s day, indeed; generations had passed, and a

deep passion for Virginia had been added to that old reverence for the

wearer of the crown in England. But these men prided themselves still

upon their loyalty; made it a point of honor to show themselves no

agitators, but constitutional statesmen. It made them grave and deeply

anxious to see the privileges that were most dear to them thus violated

and denied, but it did not make them hasty to quarrel with the

Parliament of the realm. They had intended opposition, but they feared

to throw their cause away by defiance. ’Twas as little wise as dignified

to flout thus at the sovereign power before all means had been exhausted

to win it to forbearance.

It was not the least part of the difficulty to face the veteran Speaker,

John Robinson, so old in affairs, so stately in his age, so gravely

courteous, and yet with such a threat of good manners against those who

should make breach of the decorous traditions of the place. But the men

chiefly to be feared were on the floor. There was Richard Bland, “wary,

old, experienced,” with “something of the look,” a Virginian wit said,

“of old musty parchments, which he handleth and studieth much,” author

of a “treatise against the Quakers on water-baptism”; with none of the

gifts of an orator, but a veritable antiquarian in law and the

precedents of public business, a very formidable man in counsel. Quiet

men trusted him, and thought his prudence very wise. George Wythe was no

less learned, and no less influential. Men knew him a man of letters,

bringing the knowledge of many wise books to the practice of affairs,

and set great store by his sincerity, as artless as it was human, and

sweetened with good feeling. It made Randolph and Pendleton and

Nicholas, the elder orators of the House, seem the more redoubtable that

they should have such men as these at their elbows to prompt and steady

them. And yet they would have been formidable enough of themselves.

Edmund Pendleton had not, indeed, the blood or the breeding that gave

his colleagues prestige. He had won his way to leadership by his own

steady genius for affairs. He read nothing but law-books, knew nothing

but business, cared for nothing but to make practical test of his

powers. But he took all his life and purpose with such a zest, made

every stroke with so serene a self-possession, was so quick to see and

act upon every advantage in his business of debate, and was withal so

transparent, bore himself with such a grace and charm of manner, was so

obviously right-minded and upright, that it meant a great deal to the

House to hear him intervene in its discussions with his melodious voice,

his cool, distinct, effective elocution. Robert Carter Nicholas added to

like talents for business and debate a reverent piety, a title to be

loved and trusted without question, which no man ever thought to

gainsay. And Peyton Randolph, with his “knowledge, temper, experience,

judgment, integrity” as of a true Roman spirit, was a sort of prince

among the rest. No man could doubt he wished Virginia to have her

liberties. He had gone over sea to speak for her in Dinwiddie’s day,

though he was the King’s attorney, and had lost his office for his

boldness. But there were traditions of loyalty and service in his

breeding which no man might rightly ignore. His father before him had

won knighthood and the royal favor by long and honorable service as his

Majesty’s attorney in the colony. Pride and loyalty had gone hand in

hand in the annals of a proud race, and had won for the Randolphs a

prestige which made it impossible Sir John’s son should very long be

kept from the office he had so honorably inherited. And so Peyton

Randolph was now once again the King’s attorney. It was not as the

King’s officer, however, but as an experienced Parliamentary tactician,

a trained debater, a sound man of affairs, that he had set himself to

check Henry in his revolutionary courses.

Henry found himself, in truth, passionately set upon. Even threats were

uttered, and abuse such as proud men find ill to bear. They cried

“Treason! treason!” upon him when he dared declare the King would do

well to look to the fate of Cæsar and Charles the First for profitable

examples. But he was not daunted a whit. “If this be treason, make the

most of it,” was his defiance to them. One ally who might have stood

with him, had he known, was absent. Richard Henry Lee would have brought

to his support a name as ancient and as honorable as any in the colony,

and an eloquence scarcely less than his own. But, as it was, he was left

almost alone, and won his battle with no other aid than very plain men

could lend by vote and homely utterance. The vote was very close, but

enough. Randolph flung out of the House, muttering in his heat that he

“would have given five hundred guineas for a single vote.” Henry, taking

the triumph very simply, as was his wont, and knowing his work for the

session done, quietly made his way homeward that very day, striding

unconcernedly down Duke of Gloucester Street, chatting with a friend,

his legs clad in buckskin as if for the frontier, his saddle-bags and

the reins of his lean nag slung carelessly over his arm.

[Illustration: PEYTON RANDOLPH]

The Assembly had adopted Henry’s declaration of rights, not his

resolution of disobedience, and had softened a little the language he

would have used; but its action seemed seditious enough to Fauquier, the

Governor, and he promptly dissolved them. It did little good to send

Virginians home, however, if the object was to check agitation. The

whole manner of their life bred thought and concert of action. Where men

have leave to be individual, live separately and with a proud

self-respect, and yet are much at each other’s tables, often in vestry

council together, constantly coming and going, talking and planning

throughout all the country-side, accustomed to form their opinions in

league, and yet express each man his own with a dash and flavor of

independence; where there is the leisure to reflect, the habit of joint

efforts in business, the spirit to be social, and abundant opportunity

to be frank withal, if you will--you may look to see public views form

themselves very confidently, and as easily without assemblies as with

them. Washington had taken no part in the stormy scenes of the House,

but had sat calmly apart rather, concerned and thoughtful. He was not

easily caught by the excitement of a sudden agitation. He had the

soldier’s steady habit of self-possession in the presence of a crisis,

and his own way of holding things at arm’s-length for scrutiny--“like a

bishop at his prayers,” a wag said. He had a soldier’s loyalty, too, and

slowness at rebellion. His thought, no doubt, was with the

conservatives, whatever may have been the light that sprang into his

quiet eye when Henry’s voice rang out so like a clarion, calling

Virginia to her standard; and he went home, upon the dissolution, to

join and aid his neighbors in the slow discussion which must shape

affairs to an issue.

“The Virginia Resolutions” had run like a flame through the

colonies--not as the Burgesses had adopted them, but as Henry had drawn

them, with their express threat of disobedience. Nor was that all.

October, 1765, saw delegates from nine colonies come together in New

York, at the call of Massachusetts, to take counsel what should be done.

Every one knew that Virginia, North Carolina, and Georgia, the only

colonies absent from the “congress,” would have sent delegates too had

their Governors not prevented them by the dissolution of their

Assemblies before they could act on the call. A deep excitement and

concern had spread everywhere throughout the settlements. Not only did

the impending enforcement of the act engross “the conversation of the

speculative part of the colonists,” as Washington wrote to Francis

Dandridge in London; it promised to engross also the energies of very

active, and it might be very violent, men in many quarters, and it began

to grow evident that some part of government itself would be brought to

a standstill by its processes. “Our courts of judicature,” declared

Washington, “must inevitably be shut up; for it is impossible (or next

of kin to it), under our present circumstances, that the act of

Parliament can be complied with ...; and if a stop be put to our

judicial proceedings, I fancy the merchants of Great Britain trading to

the colonies will not be among the last to wish for a repeal of it.” The

congress at New York drew up nothing less than a bill of rights and

immunities, and sent resolutions over sea which arrested the attention

of the world. The Virginian Assembly despatched like papers for itself;

and Richard Henry Lee, when he had assisted to draw its memorials,

hastened home to form in his own Cavalier county a “Westmoreland

Association,” whose members (four Washingtons among the rest) bound

themselves by a solemn covenant to “exert every faculty to prevent the

execution of the said Stamp Act in any instance whatsoever within this

colony.” The ministry could not stand the pressure. They gave way to

Lord Rockingham, and the act was repealed.

Meanwhile Washington, his calm temper unshaken, was slowly coming to a

clear vision of affairs in all their significance. Fox-hunting did not

cease. He was much in the saddle and at table with the Fairfaxes, whom

nothing could shake from their allegiance, and who looked with sad

forebodings upon the temper the colony was in. It was proper they should

speak so if they deemed it just, and Washington had no intolerance for

what they urged. But George Mason, the neighbor whom he most trusted,

was of a very different mind, and strengthened and confirmed him in

other counsels. Mason was six years his senior; a man, too, cast by

nature to understand men and events, how they must go and how be guided.

They conferred constantly, at every turn of their intimate life, in the

field or in the library, mounted or afoot in the forests, and came very

deliberately and soberly to their statesman’s view. Randolph and

Pendleton and Wythe and Bland had themselves turned, after the first

hesitation, to act with ardent men like Lee in framing the memorials to

King, Lords, and Commons which were to go from the Burgesses along with

the resolutions of the Stamp Act Congress in New York; and Washington,

who had never hesitated, but had only gone slowly and with his eyes

open, with that self-poise men had found so striking in him from the

first, came steadily with the rest to the at last common purpose of

resolute opposition. The repeal of the act came to all like a great

deliverance.

Governor Fauquier had deemed it his duty to dissolve the Assembly upon

the passage of Henry’s resolutions, but he had acted without passion in

the matter, and had kept the respect of the men he dealt with. He was

not a man, indeed, to take public business very seriously, having been

bred a man of fashion and a courtier rather than a master of affairs. He

loved gay company and the deep excitement of the gaming-table, not the

round of official routine. Affable, generous, elegant, a scholar and

real lover of letters, he vastly preferred the talk of vivacious women

and accomplished men to the business of the General Court, and was a man

to be liked rather than consulted. Washington, always admitted to the

intimacy of official circles at Williamsburg, very likely relished the

gallant Fauquier better than the too officious Dinwiddie. It was,

unhappily, no portent to see a man still devoted to dissipation at

sixty-two, even though he were Governor of one of his Majesty’s colonies

and a trusted servant of the crown; and Fauquier’s gifts as a man of wit

and of instructed tastes made his companionship no less acceptable to

Washington than to the other men of discernment who frequented the

ballrooms and receptions, ate formal dinners, and played quiet games of

cards during the brief season at the little capital. It did not

seriously disturb life there that the Governor upheld the power of

Parliament to tax, while the Burgesses strenuously opposed it.

Washington, for one, did not hesitate on that account to be seen often

in friendly talk with the Governor, or to accept frequent

[Illustration: GEORGE MASON]

invitations to the “palace.” He was of the temper which has so

distinguished the nobler sort of Englishmen in politics: he might regard

opposition as a public duty, but he never made it a ground of personal

feeling or private spite. In a sense, indeed, he had long been regarded

as belonging to official circles in the colony, more intimately than any

other man who did not hold office. He had been put forward by the

Fairfaxes in his youth; men in the Council and at the head of affairs

had been his sponsors and friends from the first; he had been always,

like his brother before him, a member of one of the chief groups in the

colony for influence and a confidential connection with the public

business. It was even understood that he was himself destined for the

Council, when it should be possible to put him in it without seeming to

give too great a preponderance to the Fairfax interest, already so much

regarded in its make-up.

The first flurry of differing views and conflicting purposes among the

Virginian leaders had passed off. The judgment of high-spirited men

everywhere sustained Henry--gave him unmistakable authentication as a

leader; put all public men in the way of understanding their

constituents. Some were bold and some were timid, but all were animated

by the same hope and purpose, and few were yet intemperate. “Sensible of

the importance of unanimity among our constituents,” said Jefferson

afterwards, looking back to that time when he was young and in the first

flush of his radical sentiments, “although we often wished to have gone

faster, we slackened our pace, that our less ardent colleagues might

keep up with us; and they, on their part, differing nothing from us in

principle, quickened their gait somewhat beyond that which their

prudence might of itself have advised.” Patrick Henry was received to

the place he had earned; and although the older leaders resumed that

sway in counsel to which their tried skill and varied experience in

affairs fairly entitled them, there was no longer any jealous exclusion

of new men. Henry’s fame crept through the colonies as the man who had

first spoken the mind not of Virginians only, but of all just men, with

regard to the liberties of Englishmen in America. Before a year was out

Richard Bland himself, parchment man and conservative that he was, had

written and published a pamphlet entitled “An Inquiry into the Rights of

the British Colonies,” which said nothing less than that in all that

concerned her internal affairs Virginia was “a distinct, independent

state,” though “united with the parent state by the closest league and

amity, and under the same allegiance.” A colony “treated with injury and

violence,” he exclaimed, “is become an alien.” When antiquarians and

lawyers, fresh from poring upon old documents, spoke thus, there were

surely signs of the times.

The government at home kept colonial sentiment very busy. Even Lord

Rockingham’s government, with Burke to admonish it, coupled its repeal

of the stamp duties with a “declaratory act” which sought to quiet

controversy by giving the lie direct to every argument urged against its

authority in the colonies. “Parliament has power to bind the colonies in

all cases whatsoever,” was its round assertion:--“a resolution for

England’s right to do what the Treasury pleased with three millions of

freemen,” cried Chatham. Though Rockingham’s government would not act on

that right, its successors would without scruple; and they were soon

about it, for Rockingham’s ministry retained office scarcely a

twelvemonth. Grenville was, indeed, discredited; but Grafton and

Townshend were as bad, as stubborn in temper, as reckless in policy. The

year 1767 saw taxes proposed and enacted on glass, paper, painters’

colors, and tea imported into the colonies, with a purpose to pay fixed

salaries to the crown’s officers in the colonies out of the proceeds;

and the contested ground was all to go over again. To show their temper,

the new ministers suspended the legislative powers of the Colonial

Assembly in New York for refusing to make provision for troops quartered

upon the colony. To complete their fiscal arrangements they presently

created a custom-house and board of revenue commissioners for America.

It was an ominous year, and set opinion forward not a little in the

colonies.

The House of Burgesses broke, at its next session (1768), into fresh

protests and remonstrances, and there was no one to restrain or rebuke

it. Fauquier was dead, and gone to his reckoning; the reins of

government were in the hands of gentle John Blair, President of the

Council, a Virginian every inch, and with never a thought of checking

his fellow-colonists in the expression of their just opinions. The

autumn brought Lord Botetourt, the new Governor-General, who came in

showy state, and with genial display of courtly manners and good

feeling; but his arrival made little difference. The Burgesses smiled to

see him come to open their session of 1769 with pageant of coach and

six, brave display of royal insignia, and the manner of a sovereign

meeting Parliament; and turned from him almost in contempt to denounce

once more the course of the ministers, argue again the rights of

America, declare they would draw the colonies together in concerted

opposition, and call upon the other colonies to concur with them alike

in their principles and in their purpose. Botetourt came hot foot to

dissolve them; but they only shifted their place of meeting, gathered

again at the private house of Mr. Anthony Hay, and there resolved no

longer to import the things which Parliament had taxed in despite of

them. George Mason had drawn the resolutions, at Washington’s request,

and Washington himself presented them.

Mason’s thought had hastened very far along the path of opposition under

the whip of England’s policy; and Washington’s quite as far. The

government had not only sent troops to Boston and dissolved every

Assembly that protested, but had advised the King to press prosecutions

for treason in the colonies, and, should there be deemed sufficient

ground, transport the accused to England to be tried by special

commission. It was this last measure that had provoked the Burgesses to

their hottest outburst. “At a time when our lordly masters in Great

Britain will be satisfied with nothing less than the deprivation of

American freedom,” wrote Washington to Mason, with a sudden burst of

passion, “it seems highly necessary that something should be done to

avert the stroke, and maintain the liberty which we have derived from

our ancestors.... That no man should scruple, or hesitate a moment, to

use a-ms in defence of so valuable a blessing, on which all the good and

evil of life depends, is clearly my opinion. Yet a-ms, I would beg leave

to add, should be the last resource.” Addresses to the throne and

remonstrances to Parliament had failed: it remained to try “starving

their trades and manufactures,” to see if that at last would arrest

their attention. No doubt even that would prove of little avail; but it

was at least peaceable and worth the trial. The next month, accordingly,

he got unhesitatingly to his feet in the private meeting of the

Burgesses at Mr. Hay’s and moved George Mason’s resolutions; nor did he

forget to subscribe his quota to the fund which was to defray the

expenses of the “association” there formed.

The next evening he attended the “Queen’s Birth-Night” at the palace

with the same naturalness of demeanor and frankness of dealing towards

the Governor as before. Botetourt was not all show and gallantly, but

was a genuine man at bottom. He had come to Virginia thinking the

colonists a pleasure-loving people who could be taken by display and

cajoled by hospitality: he had been told they were such in London. But

he knew his mistake almost as soon as he had made it; and was prompt,

even while he upheld prerogative, to do what he could to deal with them

in a liberal and manly spirit. He had acquiesced very heartily at the

outset of his administration in a decision of the Council that writs of

assistance could not legally be issued in Virginia,--for the process had

been tried there too. He made such representations with regard to the

state of the colony to the ministers at home as were both just and wise;

was assured in reply that the ministers were willing to make every

necessary concession; pledged his word in Virginia that there should be

a substantial change of policy; and died the sooner (October 15, 1770)

because the government would not, after all, redeem his promises. “Your

Governor is becoming very popular, as we are told here,” wrote Arthur

Lee to his brother, from London, “and I have the worst proof of it in

the increased orders for fineries from the ladies.” Virginians did not

find it easy to break an immemorial habit in order to starve the English

trades and manufactures; and it was more than once necessary to urge and

renew the non-importation agreements alike among the Burgesses and

merchants at Williamsburg and by means of local associations throughout

the colony. But Washington was punctilious to observe to the letter the

agreements he had himself proposed. Again and again he bade his

mercantile agents in London assist him to guard against any inadvertent

breach of them: not to send him the articles Parliament had picked out

for taxation in the colonies.

Life still continued to go, it is true, with something of the old

sumptuousness at Mount Vernon. It was in June, 1768, that Colonel

Washington ordered a new chariot, “made in the newest taste, handsome,

genteel, and light, to be made of the best seasoned wood, and by a

celebrated workman,” which was to cost him, fittings and all, £133. For

all he grew uneasy lest the colonies’ disagreement with England should

come at last to a conflict of arms, he pushed his private interests with

no abatement of thoroughness or self-possession, as if there were no

fear but that things would long enough stand as they were. He had not

run surveyor’s lines for Lord Fairfax, or assisted to drive the French

from the Ohio, without seeing what fair lands lay upon the western

rivers awaiting an owner; and, though there was still doubt how titles

were to be established in that wilderness, he took care, through the

good offices of an old comrade in arms, at least to be quietly

beforehand with other claimants in setting up such titles as might be

where the land lay richest and most accessible. “A silent management”

was what he advised, “snugly carried on under the guise of hunting other

game,” lest there should be a premature rush thither that would set

rival interests a-clashing. A strange mixture of the shrewdness of the

speculator and the honesty of the gentleman--claims pushed with privacy,

but without trickery or chicane--ran through his letters to Captain

Crawford, and drew as canny replies from the frontiered soldier.

Business gave way often to sport and pleasure, too, as of old, when

politics fell dull between sessions. Now it was the hunt; then a gunning

party in the woods; and again a day or two aboard his schooner, dropping

down the river, and drawing the seine for sheepsheads upon the bar at

Cedar Point. Even politics was mixed with diversion. He must needs give

a ball at Alexandria on the evening of his election to the House which

was to meet Lord Botetourt, no less than on other like occasions, of

whatever kind the business of the Assembly was likely to be. He did not

lose his passion for fine horse-flesh, either, at the thickest of the

plot. In 1770 he was with Governor Eden, of North Carolina, at the

Jockey Club races in Philadelphia, no doubt relieved by the news that

all but the tea tax had been repealed. The next year it was the races in

Annapolis that claimed him; and in 1773 Jacky Custis held him again at

Philadelphia on the same errand. It was wholesome to be thus calmly in

pursuit of diversion in the intervals of trying business. It bespoke a

hearty life and a fine balance in the man.

There was one matter to which Washington felt it his bounden duty as a

soldier and a man of honor to devote his time and energies, whether

politics pressed or not. A grant of two hundred thousand acres of the

western lands had been promised by the government of the colony to

those who enlisted for the war against the French and Indians in 1754;

but nothing had ever been done to fulfil the promise, and Washington

undertook to act as agent for his comrades in the business. In the

autumn of 1770, accordingly, he turned away for a space from the

deepening trouble in the east to plunge once more into the western ways

and search out proper tracts for the grant along the reaches of the

Ohio. ’Twas a two-months journey, for he did not stop till he had gone

close upon three hundred miles beyond Fort Pitt. And when he was home

again no one in the government who could lend a hand in the matter got

any peace from the stirring, thorough man until the business was put

finally into shape. There was a tidy profit in the grant for himself;

for his own share was large, and he providently bought, besides, the

shares of others who were unwilling to spend or co-operate in the

matter. But there were months upon months of weary, unrequited service

for his comrades, too, given with hearty diligence and without grudging.

Their portions were as well placed as his own, they were to find, when

it came to the survey. He came off from the business very rich in

western lands--buying the Great Meadows, among the rest, for memory’s

sake--but richer still in the gratitude and admiration of the men for

whom he had labored.

Meanwhile events darkened ominously. A new administration had been

formed in England under Lord North, and had begun its government by

repealing all the taxes of 1769 except that on tea. But it was

Parliament’s right to tax them that the colonists were fighting, not the

taxes themselves, and one tax was as hateful as a hundred. The year had

been marked in sinister fashion, moreover, by a broil between townsmen

and troops in the streets of Boston, in which arms had been used and men

slain, and in the heated imaginations of the colonists the affair had

taken on the ugly aspect of a massacre. The year 1771 went quietly

enough for Virginians. Botetourt was dead, and that good merchant of

York, William Nelson, President of the Council, sat in the place of

authority throughout the year. Although the whole country refused the

taxed tea, the attention of the ministers, as it happened, was fixed

chiefly upon Massachusetts, where trade centred at a growing port and

opposition had a local habitation. In Virginia there was no place to

send troops to, unless the whole country were occupied, and so long as

Mr. Nelson was acting Governor, Colonel Washington could go without

preoccupation to the races, and gentlemen everywhere follow their own

devices in the quiet counties. There was rioting--rebellion, even--in

North Carolina, so uneasily did affairs go there; but Governor Tryon was

a soldier as well as a despot, and did not need to trouble his neighbors

about that. It was not until the first months of 1772 that Virginians

began to read plain signs of change in the face of their new Governor,

John Murray, Earl Dunmore--a dark and distant man, who seemed to the

Virginians to come like a satrap to his province, who brought a soldier

with him for secretary and confidential adviser, set up a fixed

etiquette to be observed by all who would approach him, spoke abruptly

and without courtesy, displayed in all things an arbitrary temper, and

took more interest, it presently appeared, in acquiring tracts of

western land than in conducting the government of the colony. The year

of his coming was marked by the secret destruction of the

revenue-schooner _Gaspé_ in Rhode Island, and by many significant flaws

of temper here and there throughout the colonies; and 1773 saw affairs

at last come to a crisis.

Dunmore had summoned the Burgesses to meet him upon his first coming,

but had liked their proud temper as little as they liked his, and was

careful not to call them together again till March, 1773, though he had

promised to convene them earlier. There was instant trouble. In view of

the affair of the _Gaspé_, Parliament had again resolved upon the trial

of malcontents in England, and the Burgesses were hot at seeing the

sentiments of the colonies so flouted. Conservative men would still have

waited to try events, but their fellow-members of quicker pulse were

diligent to disappoint them. Leadership fell to those who were bold

enough to take it; and Patrick Henry, Richard Henry Lee, Dabney Carr,

and Thomas Jefferson, radicals all, drew together, a self-constituted

committee of guidance. Evening after evening they met in a private room

at the Raleigh, with now and again one or two other like spirits called

into counsel, to consult what should be done. Richard Henry Lee proposed

that the colonies should be invited to join Virginia in appointing

committees of correspondence, through which to devise steady concert of

action, and that Virginia’s committee, to be appointed at once, should

be instructed to look into the character of the new court of trial

lately established in Rhode Island. Dabney Carr was directed to move the

resolutions, and the eloquence of Lee and Henry won for them an instant

and hearty acceptance. Dunmore promptly dissolved the Assembly, and

Washington

[Illustration:

Thomas Jefferson Patrick Henry

R. H. Lee F. L. Lee

IN THE OLD RALEIGH TAVERN]

was free to set out for New York to place Jacky Custis at King’s

College, lingering on the way in Philadelphia to see the races, and pick

up the talk of the hour during half a dozen evenings at the rooms of the

Jockey Club, at the balls and assemblies of the gay town, and at the

hospitable tables of his friends.

The opening of the year had found Washington in a very genial humor, his

letters touched with pleasantry and gossip. “Our celebrated fortune,

Miss French, whom half the world was in pursuit of,” he wrote, in

February, to Colonel Bassett, “bestowed her hand on Wednesday last,

being her birthday (you perceive, I think myself under a necessity of

accounting for the choice), on Mr. Ben Dulany, who is to take her to

Maryland.... Mentioning of one wedding puts me in mind of another”--and

so through the news of Miss More, “remarkable for a very frizzled head

and good singing,” and the rest of the neighborhood talk. But the year

turned out a very sad one for him. He had been scarcely ten days back

from New York when Patsy Custis, whom he loved as his own daughter,

died. It called forth all the latent Christian faith of the thoughtful,

steadfast man to withstand the shock. And Master Jack Custis, the girl’s

wayward brother, gave him little but anxiety. He would not study, for

all Washington was so solicitous he should have the liberalizing outlook

of books, and be made “fit for more useful purposes than horse-racer,”

and though he was but twenty, could hardly be induced to see the year

out at college before getting married.

It was no doubt very well that public affairs of the first consequence

called Washington’s mind imperatively off from these private anxieties,

which could not but be dwarfed in the presence of transactions which

threatened to shake the continent. As the year drew on, the government

in England undertook to force cargoes of the East India Company’s tea

into the ports. When all resisted, and Boston, more forward even than

the rest, threw three hundred and forty odd chests of tea into the

harbor, acts passed Parliament giving dangerous increase of power to the

Governor of Massachusetts, and directing that Boston port be closed to

all commerce on and after the first day of June; and it became evident

that vigorous action must be taken in response. The Burgesses in

Virginia (May, 1774) resolved that June 1st should be set apart as a day

of fasting and prayer--prayer that civil war might be averted and the

people of America united in a common cause. Again Dunmore dissolved

them; but they gathered in the long room of the Raleigh tavern, and

there resolved to urge a congress of all the colonies, and to call a

convention for Virginia to meet at that place on the first day of August

to take action for the colony. They showed no spleen towards the

Governor. Washington dined with him the very day of the dissolution,

spent the evening at the palace, even rode out with him to his farm on

the following morning and breakfasted there; and the Burgesses did not

fail to give the ball they had planned in honor of Lady Dunmore and her

daughters on the evening of the day they had held their meeting in the

“Appolo room” at the Raleigh. But there were fasting and prayer on the

1st of June; the convention met on the first day of August; very

outspoken resolutions were adopted; and Peyton Randolph, Richard Henry

Lee, Patrick Henry, Richard Bland, Edmund Pendleton, George Washington,

and Benjamin Harrison were directed to attend the congress of the

colonies appointed to meet in Philadelphia on the fifth day of

September. When the time came for the journey, Henry and Pendleton

joined Washington at Mount Vernon. It must have been with many grave

thoughts that the three companions got to horse and turned to ride

through the long August day towards the north.

PILOTING A REVOLUTION

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