1. The right to civil and religious liberty—‘life, liberty and the pursuit of happiness’;2. The right to throw off a government which had ‘cut off their trade from all parts of the world’;3. Which had ‘imposed taxes on them without their consent’;4. Which had ‘taken away their charters, abolished their most valuable laws and altered fundamentally the powers of their government’;5. Which had ‘excited domestic insurrections among them and had endeavored to bring on the inhabitants of their frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes and conditions.’â€
1. The right to civil and religious liberty—‘life, liberty and the pursuit of happiness’;
2. The right to throw off a government which had ‘cut off their trade from all parts of the world’;
3. Which had ‘imposed taxes on them without their consent’;
4. Which had ‘taken away their charters, abolished their most valuable laws and altered fundamentally the powers of their government’;
5. Which had ‘excited domestic insurrections among them and had endeavored to bring on the inhabitants of their frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes and conditions.’â€
Mrs. An. Cotton, who wrote an account of this Bacon movement the year it occurred, and who did not fully endorse all that Bacon did, states that a large council was held on Bacon’s premises in May, at which Bacon charged that the authorities were guilty of wrong in their eagerness to get rich; that some persons were rich who were guilty of unjust methods in obtaining their wealth; that the authorities were doing nothing to encourage the arts, sciences, schools of learning or manufactories; that the Governor approves the lawlessness of the Indians against the settlers, and declines to interfere because it might diminish his revenue in trading with them; that the Governor refuses to admit an Englishman’s oath against an Indian, where he accepts the bare word of an Indian against an Englishman; that the Governor is monopolizing the beaver trade in violation of law; that the traders at the heads of the rivers, being the Governor’s agents, buy and sell the blood of their brethren and countrymen by furnishing the Indians with powder, shot and firearms contrary to the laws of the colony; and that Col. Cowells asserted that the English were bound to protect the Indians, even if they had to shed their own blood.
At the conclusion of Bacon’s address the Council agreed to three things: 1. To aid with their lives and estates General Bacon in the Indian war. 2. To oppose the Governor’s designs, if he had any, against the prosecution of the war. 3. To protect the General, the army and all who agreed to the arrangement against any power that should be sent out of England, until it was granted that thecountry’s complaint might be heard against the Governor before the King and Parliament.
The premature death of Bacon occurring, and no competent person to take the lead being found, the movement soon ceased, the troops disbanded and went home, and many of those who aided Bacon in protecting the lives and property of the settlers were put to death by Governor Berkley on the charge of treason. Thomas Matthews, said to be a son of Gov. Matthews, and who at that time represented Stafford county in the House of Burgesses, was appointed by Bacon to the command of all the forces in this part of Virginia, but he probably had not the courage or means to carry out Bacon’s plans.
Bacon died from a cold contracted in camp and was buried in Gloucester county, but for fear the authorities would exhume the body and subject it to indignities, the place of his burial was kept a secret. Bacon’s effort for the people was just one hundred years before the great revolution, and when we are fully informed as to his cause of action we may debate in our minds as to whether Nathaniel Bacon was our first Thomas Jefferson or whether Thomas Jefferson was our second Nathaniel Bacon.
FIRST DECLARATION OF INDEPENDENCE.
It was in a public gathering in Fredericksburg on the 29th day of April, 1775, that resolutions were passed, approaching in spirit a declaration of independence, which was twenty-one days before the resolutions of Mecklenburg, North Carolina, were adopted. The resolutions, adopted in North Carolina, found their way into print and into the histories, while those passed in Fredericksburg did not; but they were the first adopted anywhere in the country, and more than six hundred men were ready to carry them into effect by marching to Williamsburg to redress wrongs which had been committed by Gov. Dunmore in removing the gun powder from the public magazine. Some regard this act as the beginning of the great revolution in the colonies. It was to prepare the people for any breach of the law or outrage upon the people’s rights, which had been threatened by the authorities at Williamsburg, and commenced inthe gunpowder act, that the Fredericksburg resolutions were adopted, and the great pity is they were not handed down to succeeding generations and preserved as the first Declaration of Independence since the days of Bacon. In referring to these resolutions, Dr. Howison, in his United States History, says, they were tantamount to a declaration of independence.
HENRY LEADS FOR LIBERTY.
It was Patrick Henry, of Hanover county, a Virginian, at the time living in and representing Louisa county, who fired the country with his matchless eloquence and set in motion forces that achieved liberty and independence to this country. It was this peerless son of Virginia, in the House of Burgesses, surrounded by such giant minds as Bland, Pendleton, Lee and Wythe, that the torch of liberty was set on fire that was never to be extinguished. We quote from Dr. Howison’s United States History:
“He wrote on the blank leaf of an old law-book five resolutions which he offered to the House. They were a strong protest against the course of Parliament. The third declared that taxation by the people themselves, or their representatives duly chosen, was an essential characteristic of British freedom. The last resolution was in these words:“‘Resolved, therefore, that the General Assembly of this colony have the sole right and power to lay taxes and impositions upon the inhabitants of this colony; and that every attempt to vest such power in any person or persons whatsoever, other than the General Assembly aforesaid, has a manifest tendency to destroy British as well as American freedom.’“A warm debate ensued. Pendleton, Bland, Wythe and Randolph all opposed the resolutions; but Henry was the master mind, and made an impression which is felt to this day. His words were pregnant with a nation’s freedom. In the heat of the debate occurred a memorable scene. Patrick Henry reached a climax. ‘Cæsar,’ he cried, ‘had his Brutus; Charles the First, his Cromwell, and George the Third’—‘Treason’! burst from the lips of thepresident. ‘Treason,’ ‘Treason!’ resounded through the house. The orator paused; then, raising himself to his full height, with eyes of fire and a voice which thrilled every soul, he concluded his sentence, ‘and George the Third may profit by their example. If this be treason make the most of it.’“The resolutions were adopted by one vote, and that evening Patrick Henry left for his home. In March, 1775, the Virginia Convention met in St. John’s church, Richmond. It was a body of the most distinguished men in Virginia, and among them was Patrick Henry. He was still far in advance of the leading men of the convention, who, although there were English fleets in the waters of Virginia and armed soldiers quartered within her towns, still hoped that the evils complained of could be remedied by compromise.“Henry did not think so, and he was unwilling to sit down quietly until it would be too late to prepare for defense. He submitted a set of resolutions, calling attention to the presence of British armies and the dangers then threatening American freedom, and proposed that Virginia should be put in a state of defense, and that measures should at once be taken for embodying, arming and disciplining such a number of men as may be sufficient for that purpose.â€
“He wrote on the blank leaf of an old law-book five resolutions which he offered to the House. They were a strong protest against the course of Parliament. The third declared that taxation by the people themselves, or their representatives duly chosen, was an essential characteristic of British freedom. The last resolution was in these words:
“‘Resolved, therefore, that the General Assembly of this colony have the sole right and power to lay taxes and impositions upon the inhabitants of this colony; and that every attempt to vest such power in any person or persons whatsoever, other than the General Assembly aforesaid, has a manifest tendency to destroy British as well as American freedom.’“A warm debate ensued. Pendleton, Bland, Wythe and Randolph all opposed the resolutions; but Henry was the master mind, and made an impression which is felt to this day. His words were pregnant with a nation’s freedom. In the heat of the debate occurred a memorable scene. Patrick Henry reached a climax. ‘Cæsar,’ he cried, ‘had his Brutus; Charles the First, his Cromwell, and George the Third’—‘Treason’! burst from the lips of thepresident. ‘Treason,’ ‘Treason!’ resounded through the house. The orator paused; then, raising himself to his full height, with eyes of fire and a voice which thrilled every soul, he concluded his sentence, ‘and George the Third may profit by their example. If this be treason make the most of it.’
“‘Resolved, therefore, that the General Assembly of this colony have the sole right and power to lay taxes and impositions upon the inhabitants of this colony; and that every attempt to vest such power in any person or persons whatsoever, other than the General Assembly aforesaid, has a manifest tendency to destroy British as well as American freedom.’
“A warm debate ensued. Pendleton, Bland, Wythe and Randolph all opposed the resolutions; but Henry was the master mind, and made an impression which is felt to this day. His words were pregnant with a nation’s freedom. In the heat of the debate occurred a memorable scene. Patrick Henry reached a climax. ‘Cæsar,’ he cried, ‘had his Brutus; Charles the First, his Cromwell, and George the Third’—‘Treason’! burst from the lips of thepresident. ‘Treason,’ ‘Treason!’ resounded through the house. The orator paused; then, raising himself to his full height, with eyes of fire and a voice which thrilled every soul, he concluded his sentence, ‘and George the Third may profit by their example. If this be treason make the most of it.’
“The resolutions were adopted by one vote, and that evening Patrick Henry left for his home. In March, 1775, the Virginia Convention met in St. John’s church, Richmond. It was a body of the most distinguished men in Virginia, and among them was Patrick Henry. He was still far in advance of the leading men of the convention, who, although there were English fleets in the waters of Virginia and armed soldiers quartered within her towns, still hoped that the evils complained of could be remedied by compromise.
“Henry did not think so, and he was unwilling to sit down quietly until it would be too late to prepare for defense. He submitted a set of resolutions, calling attention to the presence of British armies and the dangers then threatening American freedom, and proposed that Virginia should be put in a state of defense, and that measures should at once be taken for embodying, arming and disciplining such a number of men as may be sufficient for that purpose.â€
The proposition was strongly opposed by such men as Bland, Nicholas, Pendleton and Harrison. Dr. Howison says: “It was now that Patrick Henry appeared in power. Rising slowly from his seat, he made an appeal which in eloquence and strength, and in its effect upon the future of the world, went far beyond any effort of oratory ever previously made. It was the demonstration that the coming war was to be a war of ideas and principles, and not a mere war of brute force.†No perfect production of this speech has been preserved—perhaps none were possible; yet enough has been preserved to enable the thoughtful student to feel something of its inspiration:
“Let us not, I beseech you, sir, deceive ourselves. We have done everything that could be done to avert the storm which is now coming on. We have petitioned—we have remonstrated—we havesupplicated—we have prostrated ourselves before the throne and have implored its interposition to arrest the tyrannical hands of the Ministry and Parliament. Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded, and we have been spurned with contempt from the foot of the throne. In vain, after these things, may we indulge the fond hope of peace and reconciliation. There is no longer any room for hope. If we wish to be free—if we mean to preserve inviolate those inestimable privileges for which we have been so long contending—if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the object of our contest shall be obtained—we must fight! I repeat it, sir, we must fight! An appeal to arms and to the God of hosts is all that is left us.“There is a just God who presides over the destinies of nations, and who will raise up friends to fight our battles for us. The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave. Besides, sir, we have no election. If we were base enough to desire it, it is now too late to retire from the contest. There is no retreat but in submission and slavery. Our chains are forged; their clanking may be heard on the plains of Boston. The war is inevitable, and let it come. I repeat it, sir, let it come!“Gentlemen may cry, Peace! peace! but there is no peace. The war has already begun. The next gale that sweeps from the North will bring to our ears the clash of resounding arms. Our brethren are already in the field. Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!â€
“Let us not, I beseech you, sir, deceive ourselves. We have done everything that could be done to avert the storm which is now coming on. We have petitioned—we have remonstrated—we havesupplicated—we have prostrated ourselves before the throne and have implored its interposition to arrest the tyrannical hands of the Ministry and Parliament. Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded, and we have been spurned with contempt from the foot of the throne. In vain, after these things, may we indulge the fond hope of peace and reconciliation. There is no longer any room for hope. If we wish to be free—if we mean to preserve inviolate those inestimable privileges for which we have been so long contending—if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the object of our contest shall be obtained—we must fight! I repeat it, sir, we must fight! An appeal to arms and to the God of hosts is all that is left us.
“There is a just God who presides over the destinies of nations, and who will raise up friends to fight our battles for us. The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave. Besides, sir, we have no election. If we were base enough to desire it, it is now too late to retire from the contest. There is no retreat but in submission and slavery. Our chains are forged; their clanking may be heard on the plains of Boston. The war is inevitable, and let it come. I repeat it, sir, let it come!
“Gentlemen may cry, Peace! peace! but there is no peace. The war has already begun. The next gale that sweeps from the North will bring to our ears the clash of resounding arms. Our brethren are already in the field. Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!â€
A dead silence followed this speech. The feelings it excited were too deep for applause; but there was no longer any hesitation or division of opinion. The proposal of Henry was adopted, and, in a short time, Virginia was alive with military preparation.
There are two prophesies in this eloquent speech which were fulfilled; one was that the clash of resounding arms would be heard by the next gale from the North—the battle of Lexington was fought on the 19th of April; and the other was that God would raise up friends to fight our battles for us. Our independence could hardly have been secured without the aid of the French, whom Lafayette led, and who were the friends that were raised up for us by a kind Providence.
PENDLETON’S RESOLUTIONS.
It was Edmund Pendleton, of Sparta, in Caroline county, a Virginian, who prepared, and Cary presented, resolutions defining the position of the colonies and instructing the Virginia delegation to the General Congress to vote for a declaration of separation from Great Britain. These resolutions were heartily indorsed by the troops that had assembled at Williamsburg, and even by those leading Virginians who so strongly condemned Patrick Henry’s first great speech.
It was Richard Henry Lee, of Westmoreland county, a Virginian, who offered, in the Colonial Congress, the resolution that embodied the views expressed in the Pendleton resolutions, and which brought forth the Declaration of Independence. The resolution was submitted on the 7th of June, 1776, which was as follows:
“That these United Colonies are, and of right ought to be, free and independent States; that they are absolved from all allegiance to the British Crown; and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved.â€
“That these United Colonies are, and of right ought to be, free and independent States; that they are absolved from all allegiance to the British Crown; and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved.â€
The discussion of this resolution showed the temper of Congress, and while the vote was postponed at the instance of some members who still thought such a measure premature, a committee to prepare and bring forward a declaration was appointed, of which Thomas Jefferson was made chairman. Mr. Lee, a member of the committee, was called home because of the sickness of his wife, but Mr. Jefferson sent him the original copy of the draft and also theamendments for his inspection, and wrote him: “You will judge whether it is the better or worse for the critics.â€
GEORGE MASON’S BILL OF RIGHTS.
It was George Mason, of Gunston Hall, a native of Stafford county, a Virginian, who wrote the Virginia Bill of Rights and the Constitution of Virginia. The fact that Mason was a farmer, and not a lawyer, has been emphasized by several writers, and the fact that he prepared those important documents, when there were so many eminent lawyers associated with him in those stirring times, is a matter of surprise. But that he did write them has never been disputed or questioned, and it was an honor that linked his name with those of Jefferson and Madison, and will enshrine his memory in the hearts of his countrymen for all time to come. And the honor of preparing this important instrument is enhanced when we remember they were almost original in thought as to most of the principles declared in them. It is true that some have claimed that the Bill of Rights was based upon the English Bill of Rights of 1689, yet that bill only asserted the right of subjects to petition, the right of Parliament to freedom of debate, the right of electors to choose their representatives freely, and other minor privileges. These rights had been exercised by the Colonists, but there were other rights dear to the people which they had not enjoyed and were not permitted to enjoy, and there were grievous wrongs committed upon the people that had to cease.
These things called for a different kind of paper from the English Bill of Rights and the times necessitated different demands than were made calling forth the bill of 1689. A paper was needed setting forth the rights of freemen and providing for the government of freemen, and it is asserted that the Bill of Rights was a pattern for the Declaration of Independence, while the Constitution was the first one that was written for the government of a free and independent people in all the past history of the world.
Public School Building (colored.)(Seepage 144)
The Butterfield Monument. “In honor of the Fifth Army Corps, andalso to the valor of every American Soldier.†Gen. Butterfield.(Seepage 269)
The Bill of Rights was adopted by the Virginia Convention on the 12th of June, 1776, after it had been thoroughly discussed for several days. It was written for Virginia and did not apply tothe other colonies, yet it is so complete in all its parts we are told that other State constitutions, in defining the rights of the citizen, largely followed the phraseology of this famous instrument. All Virginians should read it, again and again, study it and treasure it as one of the most precious legacies bequeathed to them. The following is the bill in full:
1. That all men are by nature equally free and independent and have certain inherent rights of which when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.2. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.3. That government is, or ought to be, instituted for the common benefit, protection and security of the people, nation or community; of all the various modes and forms of government, that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and that, when any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, unalienable and indefeasible right, to reform, alter or abolish it, in such manner as shall be judged most conducive to the public weal.4. That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which, not being descendible, neither ought the offices of magistrate, legislator or judge be hereditary.5. That the legislative, executive and judicial powers should be separate and distinct; and that the members thereof may be restrained from oppression, by feeling and participating in the burdens of the people, they should, at fixed periods, be reduced to a private station, return into that body from whence they were originally taken, and the vacancies be supplied by frequent, certainand regular elections, in which all, or any part of the former members, to be again eligible, or ineligible as the laws shall direct.6. That all elections ought to be free; and that all men having sufficient evidence of permanent common interest with, and attachment to, the community have the right of suffrage and cannot be taxed or deprived of their property for public uses, without their own consent or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented for the public good.7. That all power of suspending laws, or the execution of laws, by any authority, without the consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.8. That in all capital or criminal prosecutions, a man hath the right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself; that no man be deprived of his liberty, except by the law of the land or the judgment of his peers.9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.10. The general warrants, whereby an officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person not named, or whose offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted.11. That in controversies respecting property, and in suits between man and man, the ancient trial by jury of twelve men is preferable to any other, and ought to be held sacred.12. That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments.13. That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural and safe defence of a free people; that standing armies, in times of peace, should be avoided, as dangerous to liberty; and that in all cases, the militaryshould be under strict subordination to, and governed by, the civil power.14. That the people have a right to uniform government; and therefore that no government separate from, or independent of, the government of Virginia, ought to be erected or established within the limits thereof.15. 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 a frequent recurrence to fundamental principles.16. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practise Christian forbearance, love and charity towards each other.
1. That all men are by nature equally free and independent and have certain inherent rights of which when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
2. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.
3. That government is, or ought to be, instituted for the common benefit, protection and security of the people, nation or community; of all the various modes and forms of government, that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and that, when any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, unalienable and indefeasible right, to reform, alter or abolish it, in such manner as shall be judged most conducive to the public weal.
4. That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which, not being descendible, neither ought the offices of magistrate, legislator or judge be hereditary.
5. That the legislative, executive and judicial powers should be separate and distinct; and that the members thereof may be restrained from oppression, by feeling and participating in the burdens of the people, they should, at fixed periods, be reduced to a private station, return into that body from whence they were originally taken, and the vacancies be supplied by frequent, certainand regular elections, in which all, or any part of the former members, to be again eligible, or ineligible as the laws shall direct.
6. That all elections ought to be free; and that all men having sufficient evidence of permanent common interest with, and attachment to, the community have the right of suffrage and cannot be taxed or deprived of their property for public uses, without their own consent or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented for the public good.
7. That all power of suspending laws, or the execution of laws, by any authority, without the consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.
8. That in all capital or criminal prosecutions, a man hath the right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself; that no man be deprived of his liberty, except by the law of the land or the judgment of his peers.
9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
10. The general warrants, whereby an officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person not named, or whose offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted.
11. That in controversies respecting property, and in suits between man and man, the ancient trial by jury of twelve men is preferable to any other, and ought to be held sacred.
12. That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments.
13. That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural and safe defence of a free people; that standing armies, in times of peace, should be avoided, as dangerous to liberty; and that in all cases, the militaryshould be under strict subordination to, and governed by, the civil power.
14. That the people have a right to uniform government; and therefore that no government separate from, or independent of, the government of Virginia, ought to be erected or established within the limits thereof.
15. 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 a frequent recurrence to fundamental principles.
16. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practise Christian forbearance, love and charity towards each other.
The Declaration of Separation—The Declaration of Independence—Washington Commander-in-Chief—John Paul Jones Raises the First Flag—He was First to Raise the Stars and Stripes—Fredericksburg Furnishes the Head of the Armies and Navy—The Constitution of the United States, &c.
The Declaration of Separation—The Declaration of Independence—Washington Commander-in-Chief—John Paul Jones Raises the First Flag—He was First to Raise the Stars and Stripes—Fredericksburg Furnishes the Head of the Armies and Navy—The Constitution of the United States, &c.
As stated in the last chapter, we continue in this references to the great deeds of the great men of Virginia that should be grouped, as we are here endeavoring to do, in the smallest possible space, and preserved to perpetuate their memory and honor their descendants through all coming time. It was Thomas Jefferson, of Albemarle county, a Virginian, who wrote the Declaration of Independence, that struck the shackles of servitude from the people of this country, and proclaimed the United Colonies a new-born nation, free and independent.
JEFFERSON AND THE DECLARATION.
A lineal descendant of Thomas Jefferson, three generations removed, Judge John E. Mason, thus writes on these subjects, for this publication:
“Some years before the Revolutionary war, the colony of Virginia had become restless under British dominion. There had been, here and there, open expressions of discontent, and a growing resentment, if not positive hostility, against the mother country. In fact, nowhere more than in Virginia, and especially in this section, had the spirit of independence more steadily grown; and when the time came for decision and concert of action by the colonies, public opinion here was ripe to break down the old barriers, and to resist, with force, the power of England.
“Among those who had taken a most active part in moulding public sentiment was Thomas Jefferson, who, because of his extreme views in antagonizing every element of English ideas, and its government as based upon an aristocracy, has sometimes been calledthe ‘Great Commoner.’ Whether he, more than others, who were upon the stage of action at that time, is entitled to the name, those who know his history must be the judge; but certain it is, he was in advance of many of his contemporaries in developing antagonism to ancient ideas and ancient customs, which were the pride of the British people.
“On the 6th of May, 1776, the delegates from the counties and cities of the Colony of Virginia, met in convention at its capitol in Williamsburg, Edmund Pendleton presiding. During this convention certain resolutions were reported from committee by Archibald Cary, which were unanimously adopted by the one hundred and twelve members present. The first of these resolutions—said to have been proposed by Thomas Nelson, and drawn as reported by Edmund Pendleton, but no doubt the work of both—after reciting certain grievances against the mother country, declared that the ‘delegates appointed to represent the colony in the General Congress, be instructed to propose to that respectable body to declare the United Colonies free and independent States, absolved from all allegiance to or dependence upon the Crown or Parliament of Great Britain.’
“In Congress, on the 7th day of June, 1776, the gifted Richard Henry Lee, from this section, in obedience to instructions, offered the same resolution, which had been adopted by the Virginia Convention—that Congress should ‘declare that the United Colonies are, and of right ought to be, free and independent States.’ This resolution was the precursor of the formal declaration. It was offered by a Virginian, acting under instructions given by Virginians, and its answer was the Declaration of Independence.
“The debate began on this resolution on the 8th of June, but on the 10th, it having developed that five colonies north of the Potomac were not ready to vote, the final decision was then postponed until the first day of July. In the meantime a committee had been elected to draft a Declaration of Independence. Mr. Lee, the mover of the above resolution, was unexpectedly called home by the illness of his wife, and was not on the committee. The committee was not appointed by the presiding officer, but was elected by ballotby Congress, and Jefferson, having received the highest number of votes cast, was its chairman. Its work was completed by the 28th of June. The Declaration of Independence was, on that date, reported to the House by Jefferson, and was then read and ordered to lie on the table. The Virginia resolution was carried in the affirmative, in the Committee of the Whole July 1st. On the 2nd day the Declaration of Independence was taken up and debated each day until the fourth, when it was adopted. It will be observed that the Declaration was completed before Congress had adopted the Virginia resolution.
“The committee, elected to draft the Declaration of Independence, consisted of Thomas Jefferson, John Adams, Benjamin Franklin, Roger Sherman and Robert R. Livingston. Mr. Jefferson drew the Declaration of Independence at the request of the other members of the committee. Had another been its author, we believe the Declaration would have been different in tone, while, of course, the leading principles would have been the same. Many members were conservative, while Jefferson was radical. They had in view chiefly independence and freedom; Jefferson had the same opinions, but even then contemplated a complete revolution in the existing conditions—for anything which, in the slightest degree, partook of the nature of the government of Great Britain, her customs or traditions, was odious to him. He wished an irrevocable change, so that the new would supersede the old beyond recall.
“When, in framing that great document, he wrote these words: ‘We hold these truths to be self-evident; that all men are created equal; that they are endowed by their Creator with certain inalienable rights,’ * * * it doubtless did not require a prophet to tell what his future course would be, or the principles, considered radical then, for which he would stand, or the wonderful influence ‘these truths’ would have in forming constitutions and shaping legislation, State and national, provided the British were beaten on the field of battle.
“It is worthy of note that the Declaration of Independence, as it came from his hands, suffered little change, except in two instances.He inserted in the original draft what might be called an emancipation proclamation—a clause condemning as piratical warfare against human nature itself, the enslaving of Africans—the slave trade being then sanctioned by North and South—the former being carriers and the latter principally buyers—a business which Virginia would, years before, have prohibited had she not been met, in every effort, by royal vetoes. The other change was made by striking out some animadversions upon the English people. This was done by those who yet hoped for reconciliation, or something, they knew not what, which might avert the desperate struggle.
“To those who believe in freedom of thought and action; in the sovereignty of the people; in the equality of all men before the law, based upon constitutional rights, restrictions and limitations, made by the wisdom of the greatest men this world has ever produced; in opening the door to promotion to all men whose talents, integrity and general high characters entitle them to such honors, the Declaration of Independence must forever commend itself; and it seems to the writer that upon the strict adherence to the principles, therein enunciated, rests the very life of the government of the United States.
“There are many other great things which came from the brain of Jefferson besides the Declaration of Independence, though the Declaration may have been the basis of all. The principles of the Declaration having been once established, these followed as a natural sequence. In a limited space only a few can be simply noted. After he retired from Congress, in 1776, to become a member of the Virginia Legislature, he presented, in the session of that year, a bill for the revisal of the laws of the State, which was soon passed, and Jefferson, Pendleton, Wythe, George Mason and Thomas L. Lee were appointed a committee for revision.
“This committee of distinguished men met in Fredericksburg on the 13th day of February, 1777. Here various propositions were submitted and discussed—Mason, Wythe and Jefferson almost always agreeing and voting together, and Pendleton, of all, being the most unwilling to depart from the old conditions, except, to the astonishment of the committee, he proposed a new system, that allcommon law and equity jurisprudence, which had received the sanction of ages, should be abrogated—a new institute, after the model of Justinian or Bracton, should be reported, thus giving us what is called, in this day, a code law, which would have been set afloat, without a precedent to guide it, and to construe which, would have taken our courts from that time to this.
“After this committee had agreed on measures and propositions, and the general outline of the system to be pursued, Mason and Lee, having given the other members the benefit of their advice, retired from further participation in its labors, because they were not lawyers, and left the work to be done by the other three members, who then divided it, and completed the arduous task in 1779.
“There were four measures proposed by Jefferson before the full committee, then sitting in Fredericksburg, which were his especial pride, and these were the repeal of the laws of entail, the abolition of primogeniture, the establishment of a system of public education, and the act for the establishment of religious freedom. These four bills, he himself afterwards said, he ‘considered as forming a system by which every fibre would be eradicated of ancient, or future, aristocracy, and a foundation laid for a government truly republican.’
“To use his own language again, ‘the repeal of the laws of entail would prevent the accumulation and perpetuation of wealth in select families and preserve the soil of the country from being more and more absorbed in mortmain.’
“Not only was the abolition of the laws of entail resisted by some of the best talent in Virginia, but when Jefferson proposed to abolish also the law of primogeniture—a relic of feudalism—there was strong opposition from the same sources—men who had risked fortunes and lives in the struggle for independence, but who were unwilling to join Jefferson in his attack upon institutions whose very age commanded veneration. One of the chief opponents of Jefferson was Edmund Pendleton, his friend, whose candor, great ability and benevolence in all these struggles won his admiration.
“It was Pendleton, who, when he found the old law could not prevail, suggested that the Hebrew principle be adopted, by whichthe eldest son should inherit double the amount of real estate which would descend to the heirs of the ancestor. The reply of Jefferson was characteristic and terse—‘I observed,’ he says, ‘that if the eldest son could eat twice as much and do double work, it might be a natural evidence of his right to a double portion; but being on a par, in his powers and wants, with his brothers and sisters, he should be on a par also in the partition of the patrimony.’
The Old Planters’ Hotel. The stone in front was used as a“stand†for slaves when hired or sold at public “outcry.â€(Seepage 165)
The Opera House. It occupies the ground of the bank and otherbuildings burnt at the bombardment, December 11, 1862.(Seepage 269)
“The statute of descents in Virginia was drawn by him—a statute which has justice and ‘natural right’ in every line, and so clear and perspicuous is it, that in all these years only one serious question has been raised regarding it, calling for a decision of the Supreme Court of Appeals.
“Jefferson gave an impetus to public education which is felt at this time. He proposed to the General Assembly of Virginia three bills: the first, establishing elementary free schools for all children; the second, for colleges; and the third, for the highest grade of sciences. Only the first of these was passed by the Assembly, and before this was done it was so amended that it could not be operative unless the county courts so decided. Now, as the justices who presided over these courts, while among the most honorable and talented men in Virginia, were generally of a class who did not care to bear the taxes necessarily entailed upon them by the adoption of the system, no free schools were established in any county within the Commonwealth under this act, with possibly the exception of one county.
“It was a fact that our ancestors, especially when under the English system of government, did not favor education at public expense, and the royal Governors, as a rule, threw the weight of their influence against it. But after the Revolutionary war had closed, and the government of the States was made a government by the people, Virginians, like Jefferson, proceeded on the theory that to have a good government, the people—the sovereigns—must be educated, so that they would take, not only a deeper interest in the affairs of State, but would do so with intelligence—the more knowledge disseminated the better would be the government, and the less danger there would be of its falling into the hands of a favored and exclusive class.
“The principle of free education, however, so earnestly forced to the front by Jefferson, eventually bore fruit, though the ripening was slow. It was gradually adopted by the people of Virginia, until now a system, backed by a sound public sentiment, is established in every county and city in the State, and the doors of the colleges are open to those who have not been favored with fortune. It may be safely predicted that when the State shall have fully recovered from the wreck and havoc of the Civil war, that a complete and thorough system will be established, such as that which was first proposed by Jefferson, and the people of the State will rejoice to see it done.
“No more important measure was proposed to the committee which met in Fredericksburg, on the 13th of January, 1777, than that of Jefferson’s for the establishment of religious freedom, just as it now appears, with slight modifications in the preamble, in the statute books to-day. The fact that this act was written in Fredericksburg, we have never heard questioned; and the people of this city have the same right to claim that this ‘second declaration’ had its birth here, that the people of Philadelphia have to claim that city as the birth-place of the first. It was, however, a long time before its advocates were able to secure its passage by the Legislature. Having been written in 1777, it did not become the law of the land until 1785.
“In making his fight for religious freedom, the courage, the persistence and the power of this statesman shone in all their splendor. We consider this as his most difficult task, but it is his crowning glory. He had arrayed against him the advocates of a long cherished policy, sustained by law; one around which tradition had woven a peculiar sanctity, and he who would lift his hand against it was deemed guilty of sacrilege. There, too, were the clergy, strong in resistance, backed, as they were, by a wealthy and powerful class, Jefferson himself belonging to a family whose members, though loyal in exacting faithful obedience to changes in existing conditions, loved this church and worshipped in its sacred, but State protected walls; yet, in spite of all of this, believing that freedom of conscience was one of the ‘inalienable and naturalrights,’ with a boldness, which all must commend; with a persistence, which all must admire, he headed the forces which took the last citadels of monarchial institutions and leveled them to the ground, thus forever separating church and State and eliminating the combination of political policy and religion, so that henceforth no man could be ‘compelled to frequent or support any religious worship, place or ministry, but all men shall be free to profess, and by argument maintain, their opinions in matters of religion, and the same shall in no wise diminish, enlarge or effect their civil capacity.’
“In justice to those who were adherents to the established church, it must be said that some supported Jefferson, and after the change came, none were more devoted in maintaining the statute, and all others of kindred import; many being in positions charged with their proper enforcement, gave them sound judicial interpretation in exact conformity to all theories of the newly formed government.
“This act for the establishment of religious freedom is not only a monument to him, as a liberator of men, but its elegant diction, its easy and smoothly flowing style, show his genius as a writer. It is worthy of note, its preamble contains over five hundred words, yet it is but one sentence; only finished in the body of the act itself, where the first period appears; and, although he says this preamble was somewhat mutilated by others, there is nothing doubtful or uncertain as to its meaning, purpose and scope.
“To do full justice to the subject in hand would require a volume, but we must content ourselves with what has been written to show in part the wonderful and rapid changes then made in old and settled conditions, and the powerful influence this section had in moulding a government based on ‘natural rights and justice,’ and in shaping its destinies.â€
WASHINGTON GAINS INDEPENDENCE.
It was George Washington, a native of Westmoreland county, raised in Fredericksburg, who led the American armies in the Revolutionary war and gained American independence. He wascalled the “Great and Good Washington.†He was truly great. He was great in the eyes of Americans; he was great in the eyes of his opposing enemies; he was great in the eyes of the world. He was an uncrowned king, because he refused to be crowned. We cannot properly appreciate his greatness, because he was so great we have no one to compare him with.
It is said a famous scholar has written a long essay in which he argued that the “traditional Washington†must give place to the new Washington. Referring to this, Senator Lodge says: “This is true in one sense. A new idea of Washington comes up in the mind of each generation, as it learns the story of the father of this country; but in another sense, the idea of a new Washington is wrong. He cannot be discovered anew, because there never was but one Washington.â€
As to the esteem in which Washington is held all over the world, Senator Lodge says: “Even Englishmen, the most unsparing critics of us, have done homage to Washington from the time of Byron and Fox to the present day. France has always revered his name. In distant lands, people who have hardly heard of the United States know the name of Washington. Nothing could better show the regard of the world for this great giver of liberty to the people than the way in which contributions came from all nations to his monument in Washington. There are stones from Greece, fragments of the Parthenon. There are stones from Brazil, Turkey, Japan, Switzerland, Siam and India. In sending her tribute, China said: ‘In devising plans, Washington was more decided than Ching Shing or Woo Kwang; in winning a country, he was braver than Tsau Tsau or Ling Po. Wielding his four-footed falchion, he extended the frontiers, and refused to accept the royal dignity. The sentiments of the three dynasties have reappeared in him. Can any man of ancient or modern times fail to pronounce Washington peerless?’ These comparisons, which are so strange to our ears, and which sound stranger still when used in comparison with Washington, show that his name has reached further than we can comprehend.â€
Speaking of the Declaration of Independence, Maury says:
“From beginning to end it was the work of Virginia. A Virginia planter (Mason) conceived it; a Virginia lawyer (Jefferson) drafted it; and a Virginia soldier (Washington) defended it and made it a living reality.â€
“From beginning to end it was the work of Virginia. A Virginia planter (Mason) conceived it; a Virginia lawyer (Jefferson) drafted it; and a Virginia soldier (Washington) defended it and made it a living reality.â€
FIRST FLAG RAISED BY JOHN PAUL JONES.
It was John Paul Jones, a Fredericksburg man, who raised the first flag over our infant navy, and the first to throw our National flag—the Stars and Stripes—to the breeze of heaven. The National Portrait Gallery, volume 1, giving a short sketch of Jones’s life, says: “On the organization of the infant navy of the United States, in 1775, John Paul Jones received the appointment of first of the first lieutenants in the service, in which, in his station on the flag-ship Alfred, he claimed the honor of being the foremost on the approach of the Commander-in-Chief, Commodore Hopkins, to raise the new American flag. This was the old device of a rattlesnake coiled on a yellow ground, with the motto, ‘Don’t tread on me,’ which is yet partially retained in the seal of the war-office. * * * By the resolution of June 14, 1777, he was appointed to the Ranger, newly built at Portsmouth—a second instance of the kind—had the honor of hoisting for the first time the new flag of the Stars and Stripes.â€
HEADS OF THE ARMY AND NAVY.
It was Fredericksburg that gave to the country the head of the armies of the United States in the great war for independence, in the person of the peerless Washington, and also furnished the greatest naval commander of that war in the person of the dauntless John Paul Jones. In addition to Washington, the small town of Fredericksburg sent to the field during the great Revolution five other generals—Gen. Hugh Mercer, Gen. George Weedon, Gen. Wm. Woodford, Gen. Thomas Posey and Gen. Gustavus B. Wallace, besides many officers of the line of high rank.
MADISON THE FATHER OF THE CONSTITUTION.
It was James Madison, of Orange county, a Virginian, born a few miles below Fredericksburg, at Port Conway, in King Georgecounty, who gave that wonderful instrument, the Constitution of the United States, to the country, that has been described as the “grand palladium of our liberty, the golden chain of our union, the broad banner of freemen, a terror to tyrants and a shining light to patriots.â€
Hon. James D. Richardson, of Tennessee, in his great work of compiling the messages and papers of the Presidents, with short biographical sketches of each, after recounting the labors, works and achievements of Mr. Madison, says: “It was not for these things or any of them his fame is to endure. His act and policy in the framing of the marvellous instrument, the constitution of our country, his matchless advocacy of it with his voice and pen, and his adherence to its provisions at all times and in all exigencies, obtained for him the proudest title ever bestowed upon a man, the title of the ‘Father of the Constitution.’ It is for this ‘act and policy’ he will be remembered by posterity.â€
JUDGE WALLACE ON THE CONSTITUTION.
Hon. A. Wellington Wallace, at one time Judge of the Corporation Court of Fredericksburg, contributes for this work the following paper on the Constitution of the United States:
“No historical sketch of Fredericksburg and its locality would be complete without at least an epitome of the constitutional form of government of the United States; for within a radius of seventy-five miles from Fredericksburg were reared the leading men who inspired the Federal Constitution. There are few, if any, similar areas in magnitude that can furnish, in one epoch of time, such a splendid galaxy of names. George Washington, Richard Henry Lee, James Madison, Patrick Henry, John Blair, George Wythe, Edmund Randolph, and George Mason, the deputies appointed by Virginia to frame the Federal Constitution, were natives of this territory.
“The inspiration given to the men of the age when our constitution was framed, was a wonder to the world. No nation had ever attempted by a written paper to provide a fundamental basis for government to last for all time and to provide for every emergencywhich might arise. The British Constitution, which had been the maternal chart of government before the Revolution, was a collective name for the principles of public policy on which the government of the United Kingdom was based. It was not formulated in any document, but the gradual development of the political intelligence of the English people, resulting from concessions from the Crown, successive revolutions, numerous enactments of Parliament and from the established principles of the common law. But here in this new country, by young men, born in the territory around Fredericksburg, was inaugurated a departure from the traditions of our ancestors to govern by a written fundamental law, a nation, whose progress thereunder has been phenomenal and has been, and will ever be, a continuing cause of astonishment to the civilized world.
“As has been stated in this chapter, the Constitution of Virginia, of 1777, drawn by George Mason, was the first written constitution. Subsequently, the several colonies that revolted against Great Britain, entered into written articles of confederation for the common defense and for government in time of war, but when the independence of the United States had been recognized by Great Britain, these articles of confederation were found totally inadequate for the powers of government.
“The power of making war, peace and treaties, of levying money and regulating commerce and the corresponding judicial and executive authorities, were not fully and effectually vested in the Federal Union; so it became necessary that the freed colonies should either become weak, independent sovereignties, or should be bound together by stronger obligations, and, that for the general welfare, the separate sovereignties should surrender certain rights and powers to central control. With a view to this object, on the 21st day of January, 1786, a resolution passed the Legislature of Virginia for the appointment of five commissioners, any three of whom might act, to meet similar commissioners from other States of the Union; and, under this resolution, the commissioners appointed fixed the first meeting in September following as the time, and the city of Annapolis, Maryland, as the place of meeting.
“Edmund Randolph, James Madison and Saint George Tucker attended, representing Virginia, and, as a result of this conference a convention was called of all the States, to be held in Philadelphia, on the 25th day of May, 1787, and to that convention Virginia sent the deputies mentioned before in this paper, and, of these deputies, George Washington was chosen president of the assembled body. An extended account of the proceedings of that convention would be inappropriate in this brief narration. It is sufficient to state that the convention adjourned, having completed its work on the 17th day of September, following its meeting, and that while all the Virginia delegates assisted in the work of the convention, only three of the delegates, George Washington, James Madison and James Blair, signed the Constitution.
“The Constitution went into effect on the 4th day of March, 1789, although George Washington, the first President of the United States under it, was not inaugurated until the 13th day of April—eleven of the thirteen States having ratified it, the others, North Carolina and Rhode Island, not ratifying, the former until November 21, 1789, and the latter until May 29, 1790.
“The Constitution is a document comprised in seven original articles and fifteen amendments. Of the original articles the first deals with the legislative body, prescribing the mode of election to the House of Representatives and the Senate, the qualifications of members, the method by which bills shall be passed, and those subjects on which Congress shall be qualified to act. The second relates to the Executive Department, prescribing the method of election and qualifications and duties of the President. The third relates to the Judicial Department, providing for the Supreme Court and such other inferior courts as Congress may think necessary. The fourth deals with the relations of the Federal Government and the separate States, and provides for the admission of new States. The fifth relates to the power and method of amendments to the Constitution; the sixth to the National Supremacy, and the seventh to the establishment of the government upon the ratification of the Constitution by nine of the States.
“The amendments, according to one of the methods provided,were proposed by Congress and ratified by the States. The first twelve were submitted under acts passed in 1789, 1790, 1793 and 1803, and the last three after the Civil war, under acts of 1865, 1868 and 1870. The most important of the amendments are the twelfth, which changed the method of electing the President and Vice-President to the existing method; the thirteenth, which abolishes slavery; the fourteenth, which disqualifies any one who has been engaged in rebellion against the government from holding office, unless his disqualification has been removed by Congress, and prevents the assumption and payment of any debt incurred in aid of rebellion; and the fifteenth, which prohibits the denial to any one the right to vote because of race, color or previous condition of servitude.
Shiloh Baptist Church, New Site (colored.)(Seepage 215)
The Church of God and Disciples of the Lord Jesus Christ (colored.)(Seepage 216)
“This is an epitome of the Constitution of the United States, by virtue of which the government has been maintained to the present time; and the principles laid down therein were, to a very large extent, the suggestions of the men we have mentioned from the locality of Fredericksburg. The Republic based upon this Constitution was an experiment, but it has, for more than a century, withstood the most terrific shocks of the most troublous times. It has waged foreign wars successfully; wild party spirit has always been foiled in efforts to undermine it; the bloodiest internecine strife in the world’s history, sustained on both sides by unsurpassed valor, has but cemented its strength and prosperity at home and its power and prestige abroad; from thirteen small, feeble colonies, it has become a great nation of nearly eighty millions of people, its domain not only spreading from ocean to ocean, but extending far over the seas, and the protecting ægis of the Constitution, and the laws passed thereunder, guarding every race from every clime.
“No more splendid apostrophe to the Constitution could be added than the tribute of Mr. Gladstone, of England, the ablest advocate of human rights the century just closed has produced, when he said, in substance, that it was the grandest and greatest compendium of principles that had ever emanated from the brain, or been written down by the pen, of man.â€