Give Me Liberty

The people no longer looked to a commercial company for instructions an

it might have bled the colony to make good its own losses. The reactionary group in the Co

d "continually importuned his Majesty to renew the charter," and that the King had actually given orders that a new one be drawn up. Someone, no doubt an agent for the colony, protested

separate occasions they tried to secure a charter guaranteeing their liberties. In 1639, George Sandys, whom they appointed agent to petition for a charter, seems to have misunderstood his instructions, for instead of doing so he attempted to revive the Company. When this news reached Virginia, the Assembly

e more petitioned for a charter. And though, after prolonged negotiations, a charter was passed under the Great Seal,[1] it was so unsatisfactory that in 1691 they made st

rerogative against the assaults of the Burgesses and the Council he was sure to incur the frowns of his royal master. If the King were bent on ruling the colony with as little interference from the Assembly as

rt Dinwiddie, though not friends of representative government, were able administrators. Hugh Drysdale, William Gooch, and Lord Botetourt, because of their amiable dispositions, won lasting popularity. Culpeper an

l colonial executive. "It is absolutely necessary ... that the Governor ... may be esteemed by the people, ... to be a lover of them and their c

de so entirely dependent on the Governor's single will and pleasure, that whenever there may happen an ill man in that post, it cannot reasonably be e

r of the Governor. Sir William Berkeley based his power chiefly on the use of the patronage; Effingham's authority was but a reflection of the de

ors or the Burgesses defied him, he might report their "disobedience" to the King with serious consequences. On more tha

er offices of profit in the country?" Benjamin Harrison wrote Philip Ludwell, in 1703. "Is it not the wise man's phrase that a gift will blind the eyes of the wise?... Places are now shifted as often as the occasion requires, to put out or in, as men will or will not serve a turn. Sheriffs are turned out in the middle of their collection. Clerks are turned out without ever knowing why and so are other officers.... I need not tell you what men

nvariably named the man recommended by the Governor. So the Burgess who aspired to it was a patriot in

Council that Isaac Allerton had assured him "of his utmost services in whatsoever the King should command him by his Governor," and he had promised in return "that he should be of the Council ... though not to be declare

of recommendations for appointment to the Council until after a meeting of the Assembly. "I think it a proper

uspended. In 1677 Deputy Governor Herbert Jeffreys reported that "one Ballard of the Council" was "a fellow of a turbulent, mutinous spirit," and that he had "f

and during his pleasure," Henry Hartwell reported to the Lords of Trade, "which I have always observed has restrained them from due freedom of ... debate."[8] It was taken for granted that as soon as a man became a Councillor he was to have the

s judicial powers it was the ruling body in the county. It even had the right to tax. That the justices were not elected by the people not only made local gover

he did not have to accept it, and he often ignored it. Nicholson was bitterly assailed for appointing sheriffs "without the advice of

dations of the Councillors in making appointments, until it assumed almost the character of an unwritten law that h

, or the accession of a King or Queen, the Assembly was automatically dissolved. The power of prorogation made it possible for a Governor, when he had a House of Burgesses to his liking

ll which came up from the House, he could, except on rare occasions, influence the Council to kill it.

oth on judges and witnesses, particularly by the multitude of places and other favors he has to promise in case they favor him in the trial.... There is little possibility of having a fair ex

snap them up and revile them in a very contemptible manner," reported Robert Beverley. In the case of Swan versus Wilson "he did so grosely abuse Mr. Benjamin Harrison, who was

ther time to call him to an account for it.... I am sorry to see so much of the

ice, put it down in wri

rty to speak my opi

inders

ere and see people so

n good for the country if they

ommissary exercised very limited powers because of the resistance of the vestries. The Governor had the right to induct ministers after they had been presented by the v

tate under the Governor, who always presides; and in the vacancy of a Governor and Lieutenant Governor, the eldest of the Council is President. They are the Upper House of Assembly, answering to the House of

turn to them for information and advice. Later, when he was better informed, he still relied upon them for support in upholding the King's authority. If he were con

enied them an equal voice with the Burgesses, since they could always be outvoted, it permitted them to enter into debates with the Burgesses and se

hem to vote as he wished. It also created a buffer between him and the Burgesses, behind which he could take refuge against popular criticism. The position of the Councillors was not an easy one since as appointees of the King t

governments that the justice and policy of the government should be lodged in the same persons, who ought indeed to be a check upon one another."[15] It was as though the United States Senate were also the Supreme Court. In other words, in colonial Virginia the same men who, as members of the Upper House of Assembly, had voted on a law were called upon to interpret it. Pri

hem," reported Colonel Quary.[16] The Councillors were well aware of the power and prestige which their judicial position gave them. This is shown by the bitt

cholson, the poor man would not cringe before them. "The ordinary sort of planters that have land of their own, though not much, look upon themselves to be as good as the best of them, for they know, at least have heard, from whence these mighty

al. Nicholson complained that they "set up to have the power and interest of turning out and putting in Governors, and affect the title that the great Earl of Warwick had." Quary said they "had vanity enough to think themse

he King or the Governor. The poor turned to them for protection against the rich. Any attempt by the Governor to rule despotically or illegally was sure to arouse their stubborn resistance. They were in effect the House

ittle buildings, went up in flames in 1656, the second, which was also the Governor's residence, burned in 1660. The third statehouse was more pretentious than its predecessors, being two stories high, with a medieval porch in front, the tile-covered roof dominated by chimney stacks probably in the Tudor style. It was burned by Bacon's rebel

nter of the hall, was a table covered with green cloth, resting on it the mace, the emblem of the authority of the House. Here sat the clerk, pen in hand, jotting down notes for the journal. Along either side of the room were two row

er he displayed a bloody nose or a black eye, but he accused Rooke of striking him. Thereupon a committee was appointed to look into the matter, Rooke was arrested and forced on his bended knees to apologize. "Having now a deep sense an

nts." If this was interpreted to mean that all men, including indentured workers, enjoyed the franchise, it was later modified by a law restricting the right to vote to those who paid taxes. It is revealing of the high value placed on representative government even by the humblest, that when Governor Berkeley sugges

unless he were a landholder or housekeeper. At this time poor men who were apt to "make tumults at the elections" were pouring in, and the Governor thought it the

t Berkeley called for a new election, in 1676, and, ignoring the law, took it on himself to extend the franchise to "every free born man." When this Assembly met, and when Bacon's army was marching on James

cted to deprive mere housekeepers of the suffrage and limit it to freeholders. Although this measure was unjust to the large and intelligent artisan class-carpen

the past two and a half centuries. The salary "makes needy men try for the place who are not qualified for a Senate house," he said. "Those upon an approaching election set themselves to inventing most false and malicious stories.... The country to be sure is ever represented as if it was to be undone, and none can be judged capable of saving it bu

a large county. It was harmful, also, as implying that the Burgess was concerned with the interests of his county rather than those of the colony as a whole. So the people of the thinl

tie he cast the deciding vote. The office was eagerly sought after, for it carried great influence. In 1699, when Robert Carter was elected, he said in his address of acceptance: "The Hou

e Burgesses to enhance his pay by making him Treasurer. In 1758, when Governor Fauquier was instructed to separate the two offices, he was greatly perplexed. The Speaker, Mr. John Robinson, i

Grievances, Elections and Privileges, and on Proportioning the Levy. To the first of these came all manner of complaints. One county asks that ship captains b

ould make an imperfect return, the messenger was sent to bring him before the House to explain why. Should he take it upon himself to judge who was eligible or not eligible for election, he wa

irginia, to which appeals were made, for the House invariably accepted its finding

had so much at stake in preserving liberty and justice. But the Assembly of February, 1677, which had been "hand picked" by Governor Berkeley, did attaint Bacon and fifteen of his followers

ir property. If a Governor, as the substitute for the King, so far stretched his authority as to attempt to lay a levy, they were quick to call him to order. As early as 1624 the Assembly passed a law "that the Governor shall not lay any tax

ouse did grant such a power, but thereafter, despite several attempts, the Governor and Council met with emphatic refusals. In 1680, when Charles II was aiming dea

Assembly insisted on inserting in the articles of surrender the promise "that Virginia shall be free from all taxes,

only the Assembly could tax the people, that the agents thought it necessary to explain why they considered it wise to insert an article confirming this right. "Not being taxed but by the General Assembly, as it hath been ever the practice there and the other plantations, so it is a power given them by royal instruction

hat the principle was older than the colonies themselves. All the Revolutionary patriots did was to give it a new and more striking wording. When Parliament passed the S

n, all white women over sixteen who worked in the fields, and all slaves old enough to work. Thus the poor man paid only for himself and members of his family, w

poor planter who had worked hard to raise a crop of tobacco just large enough to buy nece

t of arrears would ruin them. The quit rent fund was drawn upon for war purposes, building of forts, paying salaries, etc. In 1693 Commissary Blair received a grant of ￡1985.14.10 from the quit rent fund to found the College of William and Mary. When Attorney General Seymour object

ommission during pleasure to be justices of the peace for that county. He renews that commission commonly every year, for that ... gives him an opportunity to admit into it new favorites and exclude others tha

hem without our consent from time to time to impose, raise, assess, and levy what taxes, levies, and impositions upon us ... they liked, great part of which they have converted to their own use."[32] The people of Surry County made a simil

f great importance that they should be elected by the people. This was the practice until Berkeley's second administration, when it became the custom

nformed of it would come into the country." When one did come, he would have to be wary of preaching against any vices "that any great man of his vestry was guilty of," for fear of losing his place.[34] Yet the vestries themselves were suppo

e of the Governor was temporarily vacant.[35] This was an unsatisfactory arrangement since it might happen that the senior Councillor was too old to take on important and arduous duties. In 1749, when Governor Gooch was about to leave for England, it was decided

The Secretary claimed the right to appoint the clerks of the county courts, who acted as his deputies, and paid him a percentage of the income

sually in wild confusion. "Nothing hath been more common of late years than to hear people complain that they could not find the records of their patents or other deeds for their lands."[37] Apparently all kinds of documents were piled

and reported to England. He received 7? per cent of all the monies passing through his hands. There seems to have been great laxness at times in the handling of funds. When Auditor William Byrd died in December, 1704, it was found that

e entered in one general account," he said, "and the particular accounts of the receivers ... only kept in loose papers."[40] When he recommended several reforms, Ludwell told him in effect to mind his own business,

of naming him, and despite the opposition of the Governors, eventually had their way. The Treasurer recei

elopments were taking place. Both the Council and the House of Burgesses were tireless in whittling away at the King's prerogative; the Council gradually took out of the Governor's hands the right of nam

idents, and by the spirit of the times. What would Charles II have thought had Sir William Berkeley written him, boas

John Harvey aboard a vessel and sending him back to England, when he tried to play the despot; we see them rising in wild rebellion a

ns which are improving daily, not only in Virginia, but in all her Majesty's other governments," wrote Colonel Robert Quary, in 1705. "A frown now from her Majesty will do more than perhaps an army hereafter

in in the British Empire. But they were determined to govern themselves in all except imperial matters. What they wanted was liberty, not i

TNO

g, Statutes at

-1359,

-1359,

-1314,

356, pp.

-1359,

1-40,

1359, pp

id., 9

se and growth of Am

5-1314,

bid.,

5-1314,

] P

] P

1315, Sep

5-1314,

1315, Sep

he House of Burges

CO5

he House of Burges

une 28

he House of Burges

g, Statutes at l

O1-41,

ning, Statute

g, Statutes at l

h papers

Ibid.

of Benjamin Franklin,

nt state of Vi

nia Magazi

bid. 2

nt state of Vi

O5-135

journals of the

5-1361,

journals of the

Ibid.

bid. 3

-1314, D