FOOTNOTES:

“Before this reaches you, the resolution for finally separating from Britain will be handed to Congress by[Pg 199]Colonel Nelson. I put up with it in the present form for the sake of unanimity. ’T is not quite so pointed as I could wish. Excuse me for telling you of what I think of immense importance; ’t is to anticipate the enemy at the French court. The half of our continent offered to France, may induce her to aid our destruction, which she certainly has the power to accomplish. I know the free trade with all the States would be more beneficial to her than any territorial possessions she might acquire. But pressed, allured, as she will be,—but, above all, ignorant of the great thing we mean to offer,—may we not lose her? The consequence is dreadful. Excuse me again. The confederacy:—that must precede an open declaration of independency and foreign alliances. Would it not be sufficient to confine it, for the present, to the objects of offensive and defensive nature, and a guaranty of the respective colonial rights? If a minute arrangement of things is attempted, such as equal representation, etc., etc., you may split and divide; certainly will delay the French alliance, which with me is everything.”[238]

In the mean time, however, many of the people of Virginia had received with enthusiastic approval the news of the great step taken by their convention on the 15th of May. Thus “on the day following,” says the “Virginia Gazette,” published at Williamsburg, “the troops in this city, with the train of artillery, were drawn up and went through their firings and various other military manœuvres, with the greatest exactness; a continental union flag was displayed upon the capitol;[Pg 200]and in the evening many of the inhabitants illuminated their houses.”[239]Moreover, the great step taken by the Virginia convention, on the day just mentioned, committed that body to the duty of taking at once certain other steps of supreme importance. They were about to cast off the government of Great Britain: it was necessary for them, therefore, to provide some government to be put in the place of it. Accordingly, in the very same hour in which they instructed their delegates in Congress to propose a declaration of independence, they likewise resolved, “That a committee be appointed to prepare a declaration of rights, and such a plan of government as will be most likely to maintain peace and order in this colony, and secure substantial and equal liberty to the people.”[240]

Of this committee, Patrick Henry was a member; and with him were associated Archibald Cary, Henry Lee, Nicholas, Edmund Randolph, Bland, Dudley Digges, Paul Carrington, Mann Page, Madison, George Mason, and others. The two tasks before the committee—that of drafting a statement of rights, and that of drafting a constitution for the new State of Virginia—must have pressed heavily upon its leading members. In the work of creating a new state government, Virginia was somewhat in advance of the other colonies; and for this reason, as well as on account of its general preëminence among the colonies, the course which it should take in this crisis was[Pg 201]watched with extraordinary attention. John Adams said, at the time, “We all look up to Virginia for examples.”[241]Besides, in Virginia itself, as well as in the other colonies, there was an unsettled question as to the nature of the state governments which were then to be instituted. Should they be strongly aristocratic and conservative, with a possible place left for the monarchical feature; or should the popular elements in each colony be more largely recognized, and a decidedly democratic character given to these new constitutions? On this question, two strong parties existed in Virginia. In the first place, there were the old aristocratic families, and those who sympathized with them. These people, numerous, rich, cultivated, influential, in objecting to the unfair encroachments of British authority, had by no means intended to object to the nature of the British constitution, and would have been pleased to see that constitution, in all its essential features, retained in Virginia. This party was led by such men as Robert Carter Nicholas, Carter Braxton, and Edmund Pendleton. In the second place, there were the democrats, the reformers, the radicals,—who were inclined to take the opportunity furnished by Virginia’s rejection of British authority as the occasion for rejecting, within the new State of Virginia, all the aristocratic and monarchical features of the British Constitution itself. This party was led by such men as Patrick Henry,[Pg 202]Richard Henry Lee, Thomas Jefferson, and George Mason. Which party was to succeed in stamping its impress the more strongly on the new plan for government in Virginia?

Furthermore, it is important to observe that, on this very question then at issue in Virginia, two pamphlets, taking opposite sides, were, just at that moment, attracting the notice of Virginians,—both pamphlets being noble in tone, of considerable learning, very suggestive, and very well expressed. The first, entitled “Thoughts on Government,” though issued anonymously, was soon known to be by John Adams. It advocated the formation of state constitutions on the democratic model; a lower house elected for a single year by the people; this house to elect an upper house of twenty or thirty members, who were to have a negative on the lower house, and to serve, likewise, for a single year; these two houses to elect a governor, who was to have a negative on them both, and whose term of office should also end with the year; while the judges, and all other officers, civil or military, were either to be appointed by the governor with the advice of the upper house, or to be chosen directly by the two houses themselves.[242]The second pamphlet, which was in part a reply to the first, was entitled “Address to the Convention of the Colony and Ancient Dominion of Virginia, on the subject of Government in general, and recommending a particular form to their consideration.”[Pg 203]It purported to be by “A native of the Colony.” Although the pamphlet was sent into Virginia under strong recommendations from Carter Braxton, one of the Virginian delegates in Congress, the authorship was then unknown to the public. It advocated the formation of state constitutions on a model far less democratic: first, a lower house, the members of which were to be elected for three years by the people; secondly, an upper house of twenty-four members, to be elected for life by the lower house; thirdly, a governor, to be elected for life by the lower house; fourthly, all judges, all military officers, and all inferior civil ones, to be appointed by the governor.[243]

Such was the question over which the members of the committee, appointed on the 15th of May, must soon have come into sharp conflict. At its earliest meetings, apparently, Henry found the aristocratic tendencies of some of his associates so strong as to give him considerable uneasiness; and by his letter to John Adams, written on the 20th of the month, we may see that he was then complaining of the lack of any associate of adequate ability on his own side of the question. When we remember, however, that both James Madison and George Mason were members of that committee, we can but read Patrick Henry’s words with some astonishment.[244]The explanation is probably[Pg 204]to be found in the fact that Madison was not placed on the committee until the 16th, and, being very young and very unobtrusive, did not at first make his true weight felt; while Mason was not placed on the committee until the working day just before Henry’s letter was written, and very likely had not then met with it, and may not, at the moment, have been remembered by Henry as a member of it. At any rate, this is the way in which our eager Virginia democrat, in that moment of anxious conflict over the form of the future government of his State, poured out his anxieties to his two most congenial political friends in Congress. To Richard Henry Lee he wrote:—

“The grand work of forming a constitution for Virginia is now before the convention, where your love of equal liberty and your skill in public counsels might so eminently serve the cause of your country. Perhaps I’m mistaken, but I fear too great a bias to aristocracy prevails among the opulent. I own myself a democratic on the plan of our admired friend, J. Adams, whose pamphlet I read with great pleasure. A performance from Philadelphia is just come here, ushered in, I’m told, by a colleague of yours, B——, and greatly recommended by him. I don’t like it. Is the author a Whig? One or two expressions in the book make me ask. I wish to divide you, and have you here to animate, by your manly eloquence, the sometimes drooping spirits of our country, and in Congress to be the ornament of your native country, and the vigilant, determined foe of tyranny. To give you colleagues of kindred sentiments, is my wish. I doubt you have them[Pg 205]not at present. A confidential account of the matter to Colonel Tom,[245]desiring him to use it according to his discretion, might greatly serve the public and vindicate Virginia from suspicions. Vigor, animation, and all the powers of mind and body must now be summoned and collected together into one grand effort. Moderation, falsely so called, hath nearly brought on us final ruin. And to see those, who have so fatally advised us, still guiding, or at least sharing, our public counsels, alarms me.”[246]

On the same day, he wrote as follows to John Adams:—

Williamsburg, May 20, 1776.My dear Sir,—Your favor, with the pamphlet, came safe to hand. I am exceedingly obliged to you for it; and I am not without hopes it may produce good here, where there is among most of our opulent families a strong bias to aristocracy. I tell my friends you are the author. Upon that supposition, I have two reasons for liking the book. The sentiments are precisely the same I have long since taken up, and they come recommended by you. Go on, my dear friend, to assail the strongholds of tyranny; and in whatever form oppression may be found, may those talents and that firmness, which have achieved so much for America, be pointed against it.…Our convention is now employed in the great work of forming a constitution. My most esteemed republican form has many and powerful enemies. A silly thing, published in Philadelphia, by a native of Virginia, has[Pg 206]just made its appearance here, strongly recommended, ‘t is said, by one of our delegates now with you,—Braxton. His reasonings upon and distinction between private and public virtue, are weak, shallow, evasive, and the whole performance an affront and disgrace to this country; and, by one expression, I suspect his whiggism.Our session will be very long, during which I cannot count upon one coadjutor of talents equal to the task. Would to God you and your Sam Adams were here! It shall be my incessant study so to form our portrait of government that a kindred with New England may be discerned in it; and if all your excellences cannot be preserved, yet I hope to retain so much of the likeness, that posterity shall pronounce us descended from the same stock. I shall think perfection is obtained, if we have your approbation.I am forced to conclude; but first, let me beg to be presented to my ever-esteemed S. Adams. Adieu, my dear sir; may God preserve you, and give you every good thing.P. Henry, Jr.P. S. Will you and S. A. now and then write?[247]

Williamsburg, May 20, 1776.

My dear Sir,—Your favor, with the pamphlet, came safe to hand. I am exceedingly obliged to you for it; and I am not without hopes it may produce good here, where there is among most of our opulent families a strong bias to aristocracy. I tell my friends you are the author. Upon that supposition, I have two reasons for liking the book. The sentiments are precisely the same I have long since taken up, and they come recommended by you. Go on, my dear friend, to assail the strongholds of tyranny; and in whatever form oppression may be found, may those talents and that firmness, which have achieved so much for America, be pointed against it.…

Our convention is now employed in the great work of forming a constitution. My most esteemed republican form has many and powerful enemies. A silly thing, published in Philadelphia, by a native of Virginia, has[Pg 206]just made its appearance here, strongly recommended, ‘t is said, by one of our delegates now with you,—Braxton. His reasonings upon and distinction between private and public virtue, are weak, shallow, evasive, and the whole performance an affront and disgrace to this country; and, by one expression, I suspect his whiggism.

Our session will be very long, during which I cannot count upon one coadjutor of talents equal to the task. Would to God you and your Sam Adams were here! It shall be my incessant study so to form our portrait of government that a kindred with New England may be discerned in it; and if all your excellences cannot be preserved, yet I hope to retain so much of the likeness, that posterity shall pronounce us descended from the same stock. I shall think perfection is obtained, if we have your approbation.

I am forced to conclude; but first, let me beg to be presented to my ever-esteemed S. Adams. Adieu, my dear sir; may God preserve you, and give you every good thing.

P. Henry, Jr.

P. S. Will you and S. A. now and then write?[247]

To this hearty and even brotherly letter John Adams wrote from Philadelphia, on the 3d of June, a fitting reply, in the course of which he said, with respect to Henry’s labors in making a constitution for Virginia: “The subject is of infinite moment, and perhaps more than adequate to the abilities of any man in America. I know of none so competent to the task as the author of the first Virginia resolutions against the Stamp Act,[Pg 207]who will have the glory with posterity of beginning and concluding this great revolution. Happy Virginia, whose constitution is to be framed by so masterly a builder!” Then, with respect to the aristocratic features in the Constitution, as proposed by “A Native of the Colony,” John Adams exclaims:—

“The dons, the bashaws, the grandees, the patricians, the sachems, the nabobs, call them by what name you please, sigh, and groan, and fret, and sometimes stamp, and foam, and curse, but all in vain. The decree is gone forth, and it cannot be recalled, that a more equal liberty than has prevailed in other parts of the earth, must be established in America. That exuberance of pride which has produced an insolent domination in a few, a very few, opulent, monopolizing families, will be brought down nearer to the confines of reason and moderation than they have been used to.… I shall ever be happy in receiving your advice by letter, until I can be more completely so in seeing you here in person, which I hope will be soon.”[248]

On the 12th of June, the convention adopted without a dissenting voice its celebrated “declaration of rights,” a compact, luminous, and powerful statement, in sixteen articles, of those great fundamental rights that were henceforth to be “the basis and foundation of government” in Virginia, and were to stamp their character upon that constitution on which the committee were even then engaged. Perhaps no political document of[Pg 208]that time is more worthy of study in connection with the genesis, not only of our state constitutions, but of that of the nation likewise. That the first fourteen articles of the declaration were written by George Mason has never been disputed: that he also wrote the fifteenth and the sixteenth articles is now claimed by his latest and ablest biographer,[249]but in opposition to the testimony of Edmund Randolph, who was a member both of the convention itself and of the particular committee in charge of the declaration, and who has left on record the statement that those articles were the work of Patrick Henry.[250]The fifteenth article was in these words: “That no free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles.” The sixteenth article is an assertion of the doctrine of religious liberty,—the first time that it was ever asserted by authority in Virginia. The original draft, in which the writer followed very closely the language used on that subject by the Independents in the Assembly of Westminster, stood as follows:—

“That religion, or the duty we owe our Creator, and the manner of discharging it, can be directed only by reason and conviction, and not by force or violence; and,[Pg 209]therefore, that all men should enjoy the fullest toleration in the exercise of religion, according to the dictates of conscience, unpunished and unrestrained by the magistrate, unless, under color of religion, any man disturb the peace, the happiness, or the safety of society; and that it is the mutual duty of all to practise Christian forbearance, love, and charity towards each other.”[251]

The historic significance of this stately assertion of religious liberty in Virginia can be felt only by those who remember that, at that time, the Church of England was the established church of Virginia, and that the laws of Virginia then restrained the exercise there of every form of religious dissent, unless compliance had been made with the conditions of the toleration act of the first year of William and Mary. At the very moment, probably, when the committee were engaged in considering the tremendous innovation contained in this article, “sundry persons of the Baptist church in the county of Prince William” were putting their names to a petition earnestly imploring the convention, “That they be allowed to worship God in their own way, without interruption; that they be permitted to maintain their own ministers and none others; that they may be married, buried, and the like, without paying the clergy of other denominations;” and that, by the concession to them of such religious freedom, they be enabled to “unite with their brethren, and to the utmost[Pg 210]of their ability promote the common cause” of political freedom.[252]Of course the adoption of the sixteenth article virtually carried with it every privilege which these people asked for. The author of that article, whether it was George Mason or Patrick Henry, was a devout communicant of the established church of Virginia; and thus, the first great legislative act for the reform of the civil constitution of that church, and for its deliverance from the traditional duty and curse of persecution, was an act which came from within the church itself.

On Monday, the 24th of June, the committee, through Archibald Cary, submitted to the convention their plan of a constitution for the new State of Virginia; and on Saturday, the 29th of June, this plan passed its third reading, and was unanimously adopted. A glance at the document will show that in the sharp struggle between the aristocratic and the democratic forces in the convention, the latter had signally triumphed. It provided for a lower House of Assembly, whose members were to be elected annually by the people, in the proportion of two members from each county; for an upper House of Assembly to consist of twenty-four members, who were to be elected annually by the people, in the proportion of one member from each of the senatorial districts into which the several counties should be grouped; for a governor, to be elected annually by joint ballot of both[Pg 211]houses, and not to “continue in that office longer than three years successively,” nor then to be eligible again for the office until after the lapse of four years from the close of his previous term; for a privy council of eight members, for delegates in Congress, and for judges in the several courts, all to be elected by joint ballot of the two Houses; for justices of the peace to be appointed by the governor and the privy council; and, finally, for an immediate election, by the convention itself, of a governor, and a privy council, and such other officers as might be necessary for the introduction of the new government.[253]

In accordance with the last provision of this Constitution, the convention at once proceeded to cast their ballots for governor, with the following result:—

For Patrick Henry60For Thomas Nelson45For John Page1

By resolution, Patrick Henry was then formally declared to be the governor of the commonwealth of Virginia, to continue in office until the close of that session of the Assembly which should be held after the end of the following March.

On the same day on which this action was taken, he wrote, in reply to the official notice of his election, the following letter of acceptance,—a graceful, manly, and touching composition:—[Pg 212]

TO THE HONORABLE THE PRESIDENT AND HOUSE OF CONVENTION.Gentlemen,—The vote of this day, appointing me governor of this commonwealth, has been notified to me, in the most polite and obliging manner, by George Mason, Henry Lee, Dudley Digges, John Blair, and Bartholomew Dandridge, Esquires.A sense of the high and unmerited honor conferred upon me by the convention fills my heart with gratitude, which I trust my whole life will manifest. I take this earliest opportunity to express my thanks, which I wish to convey to you, gentlemen, in the strongest terms of acknowledgment.When I reflect that the tyranny of the British king and parliament hath kindled a formidable war, now raging throughout the wide-extended continent, and in the operations of which this commonwealth must bear so great a part, and that from the events of this war the lasting happiness or misery of a great proportion of the human species will finally result; that, in order to preserve this commonwealth from anarchy, and its attendant ruin, and to give vigor to our councils and effect to all our measures, government hath been necessarily assumed and new modelled; that it is exposed to numberless hazards and perils in its infantine state; that it can never attain to maturity or ripen into firmness, unless it is guarded by affectionate assiduity, and managed by great abilities,—I lament my want of talents; I feel my mind filled with anxiety and uneasiness to find myself so unequal to the duties of that important station to which I am called by favor of my fellow citizens at this truly critical conjuncture. The errors of my conduct[Pg 213]shall be atoned for, so far as I am able, by unwearied endeavors to secure the freedom and happiness of our common country.I shall enter upon the duties of my office whenever you, gentlemen, shall be pleased to direct, relying upon the known wisdom and virtue of your honorable house to supply my defects, and to give permanency and success to that system of government which you have formed, and which is so wisely calculated to secure equal liberty, and advance human happiness.I have the honor to be, gentlemen, your most obedient and very humble servant,P. Henry, Jr.Williamsburg, June 29, 1776.[254]

TO THE HONORABLE THE PRESIDENT AND HOUSE OF CONVENTION.

Gentlemen,—The vote of this day, appointing me governor of this commonwealth, has been notified to me, in the most polite and obliging manner, by George Mason, Henry Lee, Dudley Digges, John Blair, and Bartholomew Dandridge, Esquires.

A sense of the high and unmerited honor conferred upon me by the convention fills my heart with gratitude, which I trust my whole life will manifest. I take this earliest opportunity to express my thanks, which I wish to convey to you, gentlemen, in the strongest terms of acknowledgment.

When I reflect that the tyranny of the British king and parliament hath kindled a formidable war, now raging throughout the wide-extended continent, and in the operations of which this commonwealth must bear so great a part, and that from the events of this war the lasting happiness or misery of a great proportion of the human species will finally result; that, in order to preserve this commonwealth from anarchy, and its attendant ruin, and to give vigor to our councils and effect to all our measures, government hath been necessarily assumed and new modelled; that it is exposed to numberless hazards and perils in its infantine state; that it can never attain to maturity or ripen into firmness, unless it is guarded by affectionate assiduity, and managed by great abilities,—I lament my want of talents; I feel my mind filled with anxiety and uneasiness to find myself so unequal to the duties of that important station to which I am called by favor of my fellow citizens at this truly critical conjuncture. The errors of my conduct[Pg 213]shall be atoned for, so far as I am able, by unwearied endeavors to secure the freedom and happiness of our common country.

I shall enter upon the duties of my office whenever you, gentlemen, shall be pleased to direct, relying upon the known wisdom and virtue of your honorable house to supply my defects, and to give permanency and success to that system of government which you have formed, and which is so wisely calculated to secure equal liberty, and advance human happiness.

I have the honor to be, gentlemen, your most obedient and very humble servant,

P. Henry, Jr.

Williamsburg, June 29, 1776.[254]

FOOTNOTES:[231]4Am. Arch.vi. 390.[232]The journal of this convention is in 4Am. Arch.vi. 1509-1616.[233]4Am. Arch.vi. 406.[234]5Am. Arch.i. 95-97. Campbell, in hisHistory of Virginia, 645, 646, commits a rather absurd error in attributing this letter to Thomas Nelson, Jr.[235]4Am. Arch.vi. 1524.[236]Randolph’s address at the funeral of Pendleton, inVa. Gazettefor 2 Nov. 1803, and cited by Grigsby,Va. Conv. of 1776, 203, 204.[237]S. Lit. Messengerfor 1842; thence given in Campbell,Hist. Va.647, 648.[238]Works of John Adams, iv. 201.[239]4Am. Arch.vi. 462.[240]4Am. Arch.vi. 1524.[241]Works of John Adams, ix. 387.[242]John Adams’s pamphlet is given in hisWorks, iv. 189-200.[243]The pamphlet is given in 4Am. Arch.vi. 748-754.[244]See the unfavorable comment of Rives,Life and Times of Madison, i. 147, 148.[245]Probably Thomas Ludwell Lee.[246]S. Lit. Messengerfor 1842. Reprinted in Campbell,Hist. Va.647.[247]Works of John Adams, iv. 201, 202.[248]Works of John Adams, ix. 386-388.[249]Kate Mason Rowland,Life of Mason, i. 228-241.[250]Edmund Randolph, MS.Hist. Va.See, also, W. W. Henry,Life of P. Henry, i. 422-436.[251]Edmund Randolph, MS.Hist. Va.See, also, W. W. Henry,Life of P. Henry, i. 422-436.[252]4Am. Arch.vi. 1582.[253]Am. Arch.vi. 1598-1601, note.[254]4Am. Arch.vi. 1129, 1130.

[231]4Am. Arch.vi. 390.

[232]The journal of this convention is in 4Am. Arch.vi. 1509-1616.

[233]4Am. Arch.vi. 406.

[234]5Am. Arch.i. 95-97. Campbell, in hisHistory of Virginia, 645, 646, commits a rather absurd error in attributing this letter to Thomas Nelson, Jr.

[235]4Am. Arch.vi. 1524.

[236]Randolph’s address at the funeral of Pendleton, inVa. Gazettefor 2 Nov. 1803, and cited by Grigsby,Va. Conv. of 1776, 203, 204.

[237]S. Lit. Messengerfor 1842; thence given in Campbell,Hist. Va.647, 648.

[238]Works of John Adams, iv. 201.

[239]4Am. Arch.vi. 462.

[240]4Am. Arch.vi. 1524.

[241]Works of John Adams, ix. 387.

[242]John Adams’s pamphlet is given in hisWorks, iv. 189-200.

[243]The pamphlet is given in 4Am. Arch.vi. 748-754.

[244]See the unfavorable comment of Rives,Life and Times of Madison, i. 147, 148.

[245]Probably Thomas Ludwell Lee.

[246]S. Lit. Messengerfor 1842. Reprinted in Campbell,Hist. Va.647.

[247]Works of John Adams, iv. 201, 202.

[248]Works of John Adams, ix. 386-388.

[249]Kate Mason Rowland,Life of Mason, i. 228-241.

[250]Edmund Randolph, MS.Hist. Va.See, also, W. W. Henry,Life of P. Henry, i. 422-436.

[251]Edmund Randolph, MS.Hist. Va.See, also, W. W. Henry,Life of P. Henry, i. 422-436.

[252]4Am. Arch.vi. 1582.

[253]Am. Arch.vi. 1598-1601, note.

[254]4Am. Arch.vi. 1129, 1130.

[Pg 214]ToC

On Friday, the 5th of July, 1776, Patrick Henry took the oath of office,[255]and entered upon his duties as governor of the commonwealth of Virginia. The salary attached to the position was fixed at one thousand pounds sterling for the year; and the governor was invited to take up his residence in the palace at Williamsburg. No one had resided in the palace since Lord Dunmore had fled from it; and the people of Virginia could hardly fail to note the poetic retribution whereby the very man whom, fourteen months before, Lord Dunmore had contemptuously denounced as “a certain Patrick Henry of Hanover County,” should now become Lord Dunmore’s immediate successor in that mansion of state, and should be able, if he chose, to write proclamations against Lord Dunmore upon the same desk on which Lord Dunmore had so recently written the proclamation against himself.

Among the first to bring their congratulations to the new governor, were his devoted friends, the first and second regiments of Virginia, who told[Pg 215]him that they viewed “with the sincerest sentiments of respect and joy” his accession to the highest office in the State, and who gave to him likewise this affectionate assurance: “our hearts are willing, and arms ready, to maintain your authority as chief magistrate.”[256]On the 29th of July, the erratic General Charles Lee, who was then in Charleston, sent on his congratulations in a letter amusing for its tart cordiality and its peppery playfulness:—

“I most sincerely congratulate you on the noble conduct of your countrymen; and I congratulate your country on having citizens deserving of the high honor to which you are exalted. For the being elected to the first magistracy of a free people is certainly the pinnacle of human glory; and I am persuaded that they could not have made a happier choice. Will you excuse me,—but I am myself so extremely democratical, that I think it a fault in your constitution that the governor should be eligible for three years successively. It appears to me that a government of three years may furnish an opportunity of acquiring a very dangerous influence. But this is not the worst.… A man who is fond of office, and has his eye upon reëlection, will be courting favor and popularity at the expense of his duty.… There is a barbarism crept in among us that extremely shocks me: I mean those tinsel epithets with which (I come in for my share) we are so beplastered,—‘his excellency,’ and ‘his honor,’ ‘the honorable president of the honorable congress,’ or ‘the honorable convention.’ This fulsome, nauseating cant may be well enough adapted to[Pg 216]barbarous monarchies, or to gratify the adulterated pride of the ‘magnifici’ in pompous aristocracies; but in a great, free, manly, equal commonwealth, it is quite abominable. For my own part, I would as lief they would put ratsbane in my mouth as the ‘excellency’ with which I am daily crammed. How much more true dignity was there in the simplicity of address amongst the Romans,—‘Marcus Tullius Cicero,’ ‘Decimo Bruto Imperatori,’ or ‘Caio Marcello Consuli,’—than to ‘his excellency Major-General Noodle,’ or to ‘the honorable John Doodle.’ … If, therefore, I should sometimes address a letter to you without the ‘excellency’ tacked, you must not esteem it a mark of personal or official disrespect, but the reverse.”[257]

Of all the words of congratulation which poured in upon the new governor, probably none came so straight from the heart, and none could have been quite so sweet to him, as those which, on the 12th of August, were uttered by some of the persecuted dissenters in Virginia, who, in many an hour of need, had learned to look up to Patrick Henry as their strong and splendid champion, in the legislature and in the courts. On the date just mentioned, “the ministers and delegates of the Baptist churches” of the State, being met in convention at Louisa, sent to him this address:—

May it please your Excellency,—As your advancement to the honorable and important station as governor of this commonwealth affords us unspeakable pleasure, we beg leave to present your excellency with our most cordial congratulations.[Pg 217]Your public virtues are such that we are under no temptation to flatter you. Virginia has done honor to her judgment in appointing your excellency to hold the reins of government at this truly critical conjuncture, as you have always distinguished yourself by your zeal and activity for her welfare, in whatever department has been assigned you.As a religious community, we have nothing to request of you. Your constant attachment to the glorious cause of liberty and the rights of conscience, leaves us no room to doubt of your excellency’s favorable regards while we worthily demean ourselves.May God Almighty continue you long, very long, a public blessing to this your native country, and, after a life of usefulness here, crown you with immortal felicity in the world to come.Signed by order:Jeremiah Walker,Moderator.John Williams,Clerk.

Your public virtues are such that we are under no temptation to flatter you. Virginia has done honor to her judgment in appointing your excellency to hold the reins of government at this truly critical conjuncture, as you have always distinguished yourself by your zeal and activity for her welfare, in whatever department has been assigned you.

As a religious community, we have nothing to request of you. Your constant attachment to the glorious cause of liberty and the rights of conscience, leaves us no room to doubt of your excellency’s favorable regards while we worthily demean ourselves.

May God Almighty continue you long, very long, a public blessing to this your native country, and, after a life of usefulness here, crown you with immortal felicity in the world to come.

Signed by order:Jeremiah Walker,Moderator.John Williams,Clerk.

To these loving and jubilant words, the governor replied in an off-hand letter, the deep feeling of which is not the less evident because it is restrained,—a letter which is as choice and noble in diction as it is in thought:—

TO THE MINISTERS AND DELEGATES OF THE BAPTIST CHURCHES, AND THE MEMBERS OF THAT COMMUNION.Gentlemen,—I am exceedingly obliged to you for your very kind address, and the favorable sentiments you are pleased to entertain respecting my conduct and the principles which have directed it. My constant endeavor shall be to guard the rights of all my fellow-citizens from every encroachment.[Pg 218]I am happy to find a catholic spirit prevailing in our country, and that those religious distinctions, which formerly produced some heats, are now forgotten. Happy must every friend to virtue and America feel himself, to perceive that the only contest among us, at this most critical and important period, is, who shall be foremost to preserve our religious and civil liberties.My most earnest wish is, that Christian charity, forbearance, and love, may unite all our different persuasions, as brethren who must perish or triumph together; and I trust that the time is not far distant when we shall greet each other as the peaceable possessors of that just and equal system of liberty adopted by the last convention, and in support of which may God crown our arms with success.I am, gentlemen, your most obedient and very humble servant,P. Henry, Jun.[258]August 13, 1776.

TO THE MINISTERS AND DELEGATES OF THE BAPTIST CHURCHES, AND THE MEMBERS OF THAT COMMUNION.

Gentlemen,—I am exceedingly obliged to you for your very kind address, and the favorable sentiments you are pleased to entertain respecting my conduct and the principles which have directed it. My constant endeavor shall be to guard the rights of all my fellow-citizens from every encroachment.[Pg 218]

I am happy to find a catholic spirit prevailing in our country, and that those religious distinctions, which formerly produced some heats, are now forgotten. Happy must every friend to virtue and America feel himself, to perceive that the only contest among us, at this most critical and important period, is, who shall be foremost to preserve our religious and civil liberties.

My most earnest wish is, that Christian charity, forbearance, and love, may unite all our different persuasions, as brethren who must perish or triumph together; and I trust that the time is not far distant when we shall greet each other as the peaceable possessors of that just and equal system of liberty adopted by the last convention, and in support of which may God crown our arms with success.

I am, gentlemen, your most obedient and very humble servant,

P. Henry, Jun.[258]

August 13, 1776.

On the day on which Governor Henry was sworn into office, the convention finally adjourned, having made provision for the meeting of the General Assembly on the first Monday of the following October. In the mean time, therefore, all the interests of the State were to be in the immediate keeping of the governor and privy council; and, for a part of that time, as it turned out, the governor himself was disabled for service. For we now encounter in the history of Patrick Henry, the first mention of that infirm health from which he seems to have suffered, in some degree, during the remaining twenty-three years of his life. Before[Pg 219]taking full possession of the governor’s palace, which had to be made ready for his use, he had likewise to prepare for this great change in his life by returning to his home in the county of Hanover. There he lay ill for some time;[259]and upon his recovery he removed with his family to Williamsburg, which continued to be their home for the next three years.

The people of Virginia had been accustomed, for more than a century, to look upon their governors as personages of very great dignity. Several of those governors had been connected with the English peerage; all had served in Virginia in a vice-regal capacity; many had lived there in a sort of vice-regal pomp and magnificence. It is not to be supposed that Governor Henry would be able or willing to assume so much state and grandeur as his predecessors had done; and yet he felt, and the people of Virginia felt, that in the transition from royal to republican forms the dignity of that office should not be allowed to decline in any important particular. Moreover, as a contemporary observer mentions, Patrick Henry had been “accused by the big-wigs of former times as being a coarse and common man, and utterly destitute of dignity; and perhaps he wished to show them that they were mistaken.”[260]At any rate, by the testimony of all, he seems to have displayed his usual judgment and skill in adapting himself to the requirements[Pg 220]of his position; and, while never losing his gentleness and his simplicity of manner, to have borne himself as the impersonation, for the time being, of the executive authority of a great and proud commonwealth. He ceased to appear frequently upon the streets; and whenever he did appear, he was carefully arrayed in a dressed wig, in black small-clothes, and in a scarlet cloak; and his presence and demeanor were such as to sustain, in the popular mind, the traditional respect for his high office.

He had so far recovered from the illness which had prostrated him during the summer, as to be at his post of duty when the General Assembly of the State began its first session, on Monday, the 7th of October, 1776. His health, however, was still extremely frail; for on the 30th of that month he was obliged to notify the House “that the low state of his health rendered him unable to attend to the duties of his office, and that his physicians had recommended to him to retire therefrom into the country, till he should recover his strength.”[261]His absence seems not to have been very long. By the 16th of November, as one may infer from entries in the journal of the House,[262]he was able to resume his official duties.

The summer and autumn of that year proved to be a dismal period for the American cause. Before our eyes, as we now look back over those days, there marches this grim procession of dates:[Pg 221]August 27, the battle of Long Island; August 29, Washington’s retreat across East River; September 15, the panic among the American troops at Kip’s Bay, and the American retreat from New York; September 16, the battle of Harlem Plains; September 20, the burning of New York; October 28, the battle of White Plains; November 16, the surrender of Fort Washington; November 20, the abandonment of Fort Lee, followed by Washington’s retreat across the Jerseys. In the midst of these disasters, Washington found time to write, from the Heights of Harlem, on the 5th of October, to his old friend, Patrick Henry, congratulating him on his election as governor of Virginia and on his recovery from sickness; explaining the military situation at headquarters; advising him about military appointments in Virginia; and especially giving to him important suggestions concerning the immediate military defence of Virginia “against the enemy’s ships and tenders, which,” as Washington says to the governor, “may go up your rivers in quest of provisions, or for the purpose of destroying your towns.”[263]Indeed, Virginia was just then exposed to hostile attacks on all sides;[264]and it was so plain that any attack by water would have found an easy approach to Williamsburg, that, in the course of the next few months, the public records and the public stores[Pg 222]were removed to Richmond, as being, on every account, a “more secure site.”[265]Apparently, however, the prompt recognition of this danger by Governor Henry, early in the autumn of 1776, and his vigorous military preparations against it, were interpreted by some of his political enemies as a sign both of personal cowardice and of official self-glorification,—as is indicated by a letter written by the aged Landon Carter to General Washington, on the 31st of October, and filled with all manner of caustic garrulity and insinuation,—a letter from which it may be profitable for us to quote a few sentences, as qualifying somewhat that stream of honeyed testimony respecting Patrick Henry which commonly flows down upon us so copiously from all that period.

“If I don’t err in conjecture,” says Carter, “I can’t help thinking that the head of our Commonwealth has as great a palace of fear and apprehension as can possess the heart of any being; and if we compare rumor with actual movements, I believe it will prove itself to every sensible man. As soon as the Congress sent for our first, third, fourth, fifth, and sixth regiments to assist you in contest against the enemy where they really were … there got a report among the soldiery that Dignity had declared it would not reside in Williamsburg without two thousand men under arms to guard him. This had like to have occasioned a mutiny. A desertion of many from the several companies did follow; boisterous fellows resisting, and swearing they would not leave their[Pg 223]county.… What a finesse of popularity was this?… As soon as the regiments were gone, this great man found an interest with the council of state, perhaps timorous as himself, to issue orders for the militia of twenty-six counties, and five companies of a minute battalion, to march to Williamsburg, to protect him only against his own fears; and to make this the more popular, it was endeavored that the House of Delegates should give it a countenance, but, as good luck would have it, it was with difficulty refused.[266]… Immediately then, … a bill is brought in to remove the seat of government,—some say, up to Hanover, to be called Henry-Town.”[267]

This gossip of a disappointed Virginian aristocrat, in vituperation of the public character of Governor Henry, naturally leads us forward in our story to that more stupendous eruption of gossip which relates, in the first instance, to the latter part of December, 1776, and which alleges that a conspiracy was then formed among certain members of the General Assembly to make Patrick Henry the dictator of Virginia. The first intimation ever given to the public concerning it, was given by Jefferson several years afterward, in his “Notes on Virginia,” a fascinating brochure which was written by him in 1781 and 1782, was first printed privately in Paris in 1784, and was first published in England in 1787, in America in 1788.[268]The essential portions of his statement are as follows:—[Pg 224]

“In December, 1776, our circumstances being much distressed, it was proposed in the House of Delegates to create a dictator, invested with every power legislative, executive, and judiciary, civil and military, of life and death, over our persons and over our properties.… One who entered into this contest from a pure love of liberty, and a sense of injured rights, who determined to make every sacrifice and to meet every danger, for the reëstablishment of those rights on a firm basis, … must stand confounded and dismayed when he is told that a considerable portion of” the House “had meditated the surrender of them into a single hand, and in lieu of a limited monarchy, to deliver him over to a despotic one.… The very thought alone was treason against the people; was treason against man in general; as riveting forever the chains which bow down their necks, by giving to their oppressors a proof, which they would have trumpeted through the universe, of the imbecility of republican government, in times of pressing danger, to shield them from harm.… Those who meant well, of the advocates of this measure (and most of them meant well, for I know them personally, had been their fellow-laborer in the common cause, and had often proved the purity of their principles), had been seduced in their judgment by the example of an ancient republic, whose constitution and circumstances were fundamentally different.”[269]

With that artistic tact and that excellent prudence which seem never to have failed Jefferson in any of his enterprises for the disparagement of his[Pg 225]associates, he here avoids, as will be observed, all mention of the name of the person for whose fatal promotion this classic conspiracy was formed,—leaving that interesting item to come out, as it did many years afterward, when the most of those who could have borne testimony upon the subject were in their graves, and when the damning stigma could be comfortably fastened to the name of Patrick Henry without the direct intervention of Jefferson’s own hands. Accordingly, in 1816, a French gentleman, Girardin, a near neighbor of Jefferson’s, who enjoyed “the incalculable benefit of a free access to Mr. Jefferson’s library,”[270]and who wrote the continuation of Burk’s “History of Virginia” under Jefferson’s very eye,[271]gave in that work a highly wrought account of the alleged conspiracy of December, 1776, as involving “nothing less than the substitution of a despotic in lieu of a limited monarch;” and then proceeded to bring the accusation down from those lurid generalities of condemnation in which Jefferson himself had cautiously left it, by adding this sentence: “That Mr. Henry was the person in view for the dictatorship, is well ascertained.”[272]

Finally, in 1817, William Wirt, whose “Life of Henry” was likewise composed under nearly the same inestimable advantages as regards instruction[Pg 226]and oversight furnished by Jefferson, repeated the fearful tale, and added some particulars; but, in doing so, Wirt could not fail—good lawyer and just man, as he was—to direct attention to the absence of all evidence of any collusion on the part of Patrick Henry with the projected folly and crime.

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