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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/29368-8.txt b/29368-8.txt new file mode 100644 index 0000000..c90e79e --- /dev/null +++ b/29368-8.txt @@ -0,0 +1,14942 @@ +The Project Gutenberg eBook, Patrick Henry, by Moses Coit Tyler + + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + + + + +Title: Patrick Henry + + +Author: Moses Coit Tyler + + + +Release Date: July 10, 2009 [eBook #29368] + +Language: English + +Character set encoding: ISO-8859-1 + + +***START OF THE PROJECT GUTENBERG EBOOK PATRICK HENRY*** + + +E-text prepared by Barbara Tozier, Bill Tozier, and the Project Gutenberg +Online Distributed Proofreading Team (http://www.pgdp.net) + + + +American Statesmen + +PATRICK HENRY + +by + +MOSES COIT TYLER + + + + + + + +Boston and New York +Houghton Mifflin Company +The Riverside Press Cambridge + +Copyright, 1887, by Moses Coit Tyler +Copyright, 1898, by Moses Coit Tyler And Houghton, Mifflin & Co. +Copyright, 1915, by Jeannette G. Tyler + +The Riverside Press +Cambridge ˇ Massachusetts +Printed in the U.S.A. + + + + +PREFACE + + +In this book I have tried to embody the chief results derived from a +study of all the materials known to me, in print and in manuscript, +relating to Patrick Henry,--many of these materials being now used for +the first time in any formal presentation of his life. + +Notwithstanding the great popular interest attaching to the name of +Patrick Henry, he has hitherto been the subject of but one memoir +founded on original investigation, and that, of course, is the Life +by William Wirt. When it is considered, however, that Wirt's book was +finished as long ago as the year 1817,--before the time had fairly +come for the publication of the correspondence, diaries, personal +memoranda, and official records of every sort, illustrating the great +period covered by Patrick Henry's career,--it will be easy to infer +something as to the quantity and the value of those printed materials +bearing upon the subject, which are now to be had by us, but which +were not within the reach of Wirt. Accordingly, in his lack of much +of the detailed testimony that then lay buried in inaccessible +documents, Wirt had to trust largely to the somewhat imaginative +traditions concerning Patrick Henry which he found floating in the +air of Virginia; and especially to the supposed recollections of old +people,--recollections which, in this case, were nearly always vague, +not always disinterested, often inaccurate, and generally made up of +emotional impressions rather than of facts. Any one who will take the +trouble to ascertain the enormous disadvantages under which Wirt +wrote, and which, as we now know, gave him great discouragement, will +be inclined to applaud him for making so good a book, rather than to +blame him for not making a better one. + +It is proper for me to state that, besides the copious printed +materials now within reach, I have been able to make use of a large +number of manuscripts relating to my subject. Of these may be +specified a document, belonging to Cornell University, written by a +great-grandson of Patrick Henry, the late Rev. Edward Fontaine, and +giving, among other things, several new anecdotes of the great orator, +as told to the writer by his own father, Colonel Patrick Henry +Fontaine, who was much with Patrick Henry during the later years of +his life. I may add that, through the kindness of the Hon. William +Wirt Henry of Richmond, I have had access to the manuscripts which +were collected by Wirt for the purposes of his book, but were only in +part used by him. With unstinted generosity, Mr. Henry likewise placed +in my hands all the papers relating to his illustrious grandfather, +which, during the past thirty years or more, he has succeeded in +bringing together, either from different branches of the family, or +from other sources. A portion of the manuscripts thus accumulated by +him consists of copies of the letters, now preserved in the Department +of State, written by Patrick Henry, chiefly while governor of +Virginia, to General Washington, to the president of Congress, to +Virginia's delegation in Congress, and to the Board of War. + +In the very front of this book, therefore, I record my grateful +acknowledgments to Mr. William Wirt Henry; acknowledgments not alone +for the sort of generosity of which I have just spoken, but for +another sort, also, which is still more rare, and which I cannot so +easily describe,--his perfect delicacy, while promoting my more +difficult researches by his invaluable help, in never once encumbering +that help with the least effort to hamper my judgment, or to sway it +from the natural conclusions to which my studies might lead. + +Finally, it gives me pleasure to mention that, in the preparation of +this book, I have received courteous assistance from Mr. Theodore F. +Dwight and Mr. S. M. Hamilton of the library of the Department of +State; from the Rev. Professor W. M. Hughes, of Hobart College; and +from the Rev. Stephen H. Synnott, rector of St. John's, Ithaca. + + M. C. T. + +CORNELL UNIVERSITY, 3 June, 1887. + + + + +PREFACE + +TO REVISED EDITION + + +I have gladly used the opportunity afforded by a new edition of this +book to give the text a minute revision from beginning to end, and to +make numerous changes both in its substance and in its form. + +During the eleven years that have passed since it first came from the +press, considerable additions have been made to our documentary +materials for the period covered by it, the most important for our +purpose being the publication, for the first time, of the +correspondence and the speeches of Patrick Henry and of George Mason, +the former with a life, in three volumes, by William Wirt Henry, the +latter also with a life, in two volumes, by Kate Mason Rowland. +Besides procuring for my own pages whatever benefit I could draw from +these texts, I have tried, while turning over very frequently the +writings of Patrick Henry's contemporaries, to be always on the watch +for the means of correcting any mistakes I may have made concerning +him, whether as to fact or as to opinion. + +In this work of rectification I have likewise been aided by +suggestions from many persons, of whom I would particularly mention +the Right Rev. Joseph Blount Cheshire, Jr., D. D., Bishop of North +Carolina, and Mr. William Wirt Henry. + + M. C. T. + +CORNELL UNIVERSITY, 31 March, 1898 + + + + +CONTENTS + + CHAP. PAGE + I. EARLY YEARS 1 + II. WAS HE ILLITERATE? 10 + III. BECOMES A LAWYER 22 + IV. A CELEBRATED CASE 36 + V. FIRST TRIUMPHS AT THE CAPITAL 56 + VI. CONSEQUENCES 77 + VII. STEADY WORK 90 + VIII. IN THE FIRST CONTINENTAL CONGRESS 101 + IX. "AFTER ALL, WE MUST FIGHT" 128 + X. THE RAPE OF THE GUNPOWDER 153 + XI. IN CONGRESS AND IN CAMP 168 + XII. INDEPENDENCE 189 + XIII. FIRST GOVERNOR OF THE STATE OF VIRGINIA 214 + XIV. GOVERNOR A SECOND TIME 240 + XV. THIRD YEAR IN THE GOVERNORSHIP 257 + XVI. AT HOME AND IN THE HOUSE OF DELEGATES 271 + XVII. SHALL THE CONFEDERATION BE MADE STRONGER? 298 + XVIII. THE BATTLE IN VIRGINIA OVER THE NEW CONSTITUTION 313 + XIX. THE AFTER-FIGHT FOR AMENDMENTS 339 + XX. LAST LABORS AT THE BAR 357 + XXI. IN RETIREMENT 382 + XXII. LAST DAYS 407 + LIST OF PRINTED DOCUMENTS CITED IN THIS BOOK 424 + INDEX 431 + + + + +PATRICK HENRY + + + + +CHAPTER I + +EARLY YEARS + + +On the evening of October 7, 1732, that merry Old Virginian, Colonel +William Byrd of Westover, having just finished a journey through King +William County for the inspection of his estates, was conducted, for +his night's lodging, to the house of a blooming widow, Mistress Sarah +Syme, in the county of Hanover. This lady, at first supposing her guest +to be some new suitor for her lately disengaged affections, "put on a +Gravity that becomes a Weed;" but so soon as she learned her mistake +and the name of her distinguished visitor, she "brighten'd up into an +unusual cheerfulness and Serenity. She was a portly, handsome Dame, of +the Family of Esau, and seem'd not to pine too much for the Death of +her Husband, who was of the Family of the Saracens.... This widow is a +person of a lively & cheerful Conversation, with much less Reserve than +most of her Countrywomen. It becomes her very well, and sets off her +other agreeable Qualities to Advantage. We tost off a Bottle of honest +Port, which we relisht with a broil'd Chicken. At Nine I retir'd to my +Devotions, And then Slept so Sound that Fancy itself was Stupify'd, +else I shou'd have dreamt of my most obliging Landlady." The next day +being Sunday, "the courteous Widow invited me to rest myself there that +good day, and go to Church with Her, but I excus'd myself by telling +her she wou'd certainly spoil my Devotion. Then she civilly entreated +me to make her House my Home whenever I visited my Plantations, which +made me bow low, and thank her very kindly."[1] + +Not very long after that notable visit, the sprightly widow gave her +hand in marriage to a young Scotchman of good family, John Henry, of +Aberdeen, a protégé and probably a kinsman of her former husband; and +continuing to reside on her estate of Studley, in the county of +Hanover, she became, on May 29, 1736, the mother of Patrick Henry. + +Through the lineage of both his parents, this child had some claim to +an inheritance of brains. The father, a man of firm and sound +intellect, had been liberally educated in Scotland; among the country +gentlemen of his neighborhood in Virginia, he was held in high esteem +for superior intelligence and character, as is shown by the positions +he long held of county surveyor, colonel of his regiment, and +presiding judge of the county court; while he could number among his +near kinsmen at home several persons of eminence as divines, orators, +or men of letters,--such as his uncle, William Robertson, minister of +Borthwick in Mid Lothian and afterward of the Old Greyfriars' Church +in Edinburgh; his cousin, David Henry, the successor of Edward Cave in +the management of the "Gentleman's Magazine;" and especially his +cousin, William Robertson, principal of the University of Edinburgh, +and author of the "History of the Reign of the Emperor Charles V." +Moreover, among the later paternal relatives of Patrick Henry may be +mentioned one person of oratorical and forensic genius very brilliant +and in quality not unlike his own. Patrick Henry's father was second +cousin to that beautiful Eleanor Syme of Edinburgh, who, in 1777, +became the wife of Henry Brougham of Brougham Hall, Westmoreland. +Their eldest son was Lord Brougham, who was thus the third cousin of +Patrick Henry. To some it will perhaps seem not a mere caprice of +ingenuity to discover in the fiery, eccentric, and truculent eloquence +of the great English advocate and parliamentary orator a family +likeness to that of his renowned American kinsman; or to find in the +fierceness of the champion of Queen Caroline against George IV., and +of English anti-slavery reform and of English parliamentary reform +against aristocratic and commercial selfishness, the same bitter and +eager radicalism that burned in the blood of him who, on this side of +the Atlantic, was, in popular oratory, the great champion of the +colonies against George III., and afterward of the political autonomy +of the State of Virginia against the all-dominating centralization +which he saw coiled up in the projected Constitution of the United +States.[2] + +Those, however, who knew the mother of Patrick Henry, and her family, +the Winstons, were accustomed to think that it was from her side of +the house that he derived the most characteristic traits not only of +his genius, but of his disposition. The Winstons of Virginia were of +Welsh stock; a family marked by vivacity of spirit, conversational +talent, a lyric and dramatic turn, a gift for music and for eloquent +speech, at the same time by a fondness for country life, for +inartificial pleasures, for fishing and hunting, for the solitude and +the unkempt charms of nature. It was said, too, of the Winstons that +their talents were in excess of their ambition or of their energy, and +were not brought into use except in a fitful way, and under the +stimulus of some outward and passing occasion. They seem to have +belonged to that very considerable class of persons in this world of +whom more might have been made. Especially much talk used to be heard, +among old men in Virginia, of Patrick Henry's uncle, his mother's own +brother, William Winston, as having a gift of eloquence dazzling and +wondrous like Patrick's, nay, as himself unsurpassed in oratory among +all the great speakers of Virginia except by Patrick himself.[3] + +The system of education prevailing in Virginia during Patrick Henry's +early years was extremely simple. It consisted of an almost entire +lack of public schools, mitigated by the sporadic and irregular +exercise of domestic tuition. Those who could afford to import +instruction into their homes got it, if they desired; those who could +not, generally went without. As to the youthful Patrick, he and +education never took kindly to each other. From nearly all quarters +the testimony is to this effect,--that he was an indolent, dreamy, +frolicsome creature, with a mortal enmity to books, supplemented by a +passionate regard for fishing-rods and shot-guns; disorderly in dress, +slouching, vagrant, unambitious; a roamer in woods, a loiterer on +river-banks; having more tastes and aspirations in common with +trappers and frontiersmen than with the toilers of civilized life; +giving no hint nor token, by word or act, of the possession of any +intellectual gift that could raise him above mediocrity, or even up to +it. + +During the first ten years of his life, he seems to have made, at a +small school in the neighborhood, some small and reluctant progress +into the mysteries of reading, writing, and arithmetic; whereupon his +father took personal charge of the matter, and conducted his further +education at home, along with that of other children, being aided in +the task by the very competent help of a brother, the Rev. Patrick +Henry, rector of St. Paul's parish, in Hanover, and apparently a good +Scotch classicist. In this way our Patrick acquired some knowledge of +Latin and Greek, and rather more knowledge of mathematics,--the latter +being the only branch of book-learning for which, in those days, he +showed the least liking. However, under such circumstances, with +little real discipline, doubtless, and amid plentiful interruptions, +the process of ostensible education went forward with the young man; +and even this came to an end by the time that he was fifteen years +old. + +At that age, he was duly graduated from the domestic schoolroom into +the shop of a country tradesman hard by. After an apprenticeship there +of a single year, his father set him up in trade, joining with him in +the conduct of a country store his elder brother, William, a youth +more indolent, if possible, as well as more disorderly and +uncommercial, than Patrick himself. One year of this odd partnership +brought the petty concern to its inevitable fate. Just one year after +that, having attained the ripe age of eighteen, and being then +entirely out of employment, and equally out of money, Patrick rounded +out his embarrassments, and gave symmetry to them, as it were, by +getting married,--and that to a young woman quite as impecunious as +himself. The name of this damsel was Sarah Shelton; her father being a +small farmer, and afterward a small tavern-keeper in the neighborhood. +In the very rashness and absurdity of this proceeding on the part of +these two interesting young paupers, irresistibly smitten with each +other's charms, and mutually resolved to defy their own helplessness +by doubling it, there seems to have been a sort of semi-ludicrous +pathos which constituted an irresistible call for help. + +The parents on both sides heard the call, and by their joint efforts +soon established the young couple on a little farm near at hand, from +which, by their own toil, reënforced by that of half a dozen slaves, +they were expected to extort a living. This experiment, the success of +which depended on exactly those qualities which Patrick did not then +possess,--industry, order, sharp calculation, persistence,--turned out +as might have been predicted. At the end of two years he made a forced +sale of some of his slaves, and invested the proceeds in the stock of +a country store once more. But as he had now proved himself to be a +bad farmer, and a still worse merchant, it is not easy to divine by +what subtle process of reasoning he had been able to conclude that +there would be any improvement in his circumstances by getting out of +agriculture and back into merchandise. + +When he undertook this last venture he was still but a youth of +twenty. By the time that he was twenty-three, that is, by the autumn +of 1759, he had become convinced that his little store was to prove +for him merely a consumer of capital and a producer of bad debts; and +in view of the necessity of soon closing it, he had ample excuse for +taking into consideration what he should do next. Already was he the +happy father of sundry small children, with the most trustworthy +prospect of a steady enlargement and multiplication of his paternal +honors. Surely, to a man of twenty-three, a husband and a father, who, +from the age of fifteen, had been engaged in a series of enterprises +to gain his livelihood, and had perfectly failed in every one of them, +the question of his future means of subsistence must have presented +itself as a subject of no little pertinence, not to say urgency. +However, at that time Patrick seems to have been a young fellow of +superabounding health and of inextinguishable spirits, and even in +that crisis of his life he was able to deal gayly with its problems. +In that very year, 1759, Thomas Jefferson, then a lad of sixteen, and +on his way to the College of William and Mary, happened to spend the +Christmas holidays at the house of Colonel Nathan Dandridge, in +Hanover, and there first met Patrick Henry. Long afterward, recalling +these days, Jefferson furnished this picture of him:-- + + "Mr. Henry had, a little before, broken up his store, or + rather it had broken him up; but his misfortunes were not to + be traced either in his countenance or conduct." "During the + festivity of the season I met him in society every day, and + we became well acquainted, although I was much his + junior.... His manners had something of coarseness in them. + His passion was music, dancing, and pleasantry. He excelled + in the last, and it attached every one to him."[4] + +Shortly after Jefferson left those hilarious scenes for the somewhat +more restrained festivities of the little college at Williamsburg, +Patrick succeeded in settling in his own mind what he was going to do +next. He could not dig, so it seemed, neither could he traffic, but +perhaps he could talk. Why not get a living by his tongue? Why not be +a lawyer? + +But before we follow him through the gates of that superb +profession,--gates which, after some preliminary creaking of the +hinges, threw open to him the broad pathway to wealth, renown, +unbounded influence,--let us stop a moment longer on the outside, and +get a more distinct idea, if we can, of his real intellectual outfit +for the career on which he was about to enter. + + +FOOTNOTES: + +[1] _Byrd Manuscripts_, ii. 79, 80. + +[2] I have from private sources information that Brougham was aware of +his relationship to Patrick Henry, and that in recognition of it he +showed marked attentions to a grand-nephew of Patrick Henry, the late +W. C. Preston, of South Carolina, when the latter was in England. +Moreover, in his _Life and Times_, i. 17, 18, Brougham declares that +he derived from his maternal ancestors the qualities which lifted him +above the mediocrity that had always attached to his ancestors on the +paternal side. + +[3] Wirt, 3. + +[4] In a letter to Wirt, in 1815, _Life of Henry_, 14, 15; also +_Writings of Jefferson_, vi. 487, 488, where the letter is given, +apparently, from the first draft. + + + + +CHAPTER II + +WAS HE ILLITERATE? + + +Concerning the quality and extent of Patrick Henry's early education, +it is perhaps impossible now to speak with entire confidence. On the +one hand there seems to have been a tendency, in his own time and +since, to overstate his lack of education, and this partly, it may be, +from a certain instinctive fascination which one finds in pointing to +so dramatic a contrast as that between the sway which the great orator +wielded over the minds of other men and the untrained vigor and +illiterate spontaneity of his own mind. Then, too, it must be admitted +that, whatever early education Patrick Henry may have received, he +did, in certain companies and at certain periods of his life, rather +too perfectly conceal it under an uncouth garb and manner, and under a +pronunciation which, to say the least, was archaic and provincial. +Jefferson told Daniel Webster that Patrick Henry's "pronunciation was +vulgar and vicious," although, as Jefferson adds, this "was forgotten +while he was speaking."[5] Governor John Page "used to relate, on the +testimony of his own ears," that Patrick Henry would speak of "the +yearth," and of "men's naiteral parts being improved by larnin';"[6] +while Spencer Roane mentions his pronunciation of China as +"Cheena."[7] All this, however, it should be noted, does not prove +illiteracy. If, indeed, such was his ordinary speech, and not, as some +have suggested, a manner adopted on particular occasions for the +purpose of identifying himself with the mass of his hearers, the fact +is evidence merely that he retained through his mature life, on the +one hand, some relics of an old-fashioned good usage, and, on the +other, some traces of the brogue of the district in which he was born, +just as Edmund Pendleton used to say "scaicely" for scarcely, and as +John Taylor, of Caroline, would say "bare" for bar; just as Thomas +Chalmers always retained the brogue of Fifeshire, and Thomas Carlyle +that of Ecclefechan. Certainly a brogue can never be elegant, but as +it has many times coexisted with very high intellectual cultivation, +its existence in Patrick Henry does not prove him to have been +uncultivated. + +Then, too, it must be remembered that he himself had a habit of +depreciating his own acquaintance with books, and his own dependence +on them. He did this, it would seem, partly from a consciousness that +it would only increase his hold on the sympathy and support of the +mass of the people of Virginia if they should regard him as absolutely +one of themselves, and in no sense raised above them by artificial +advantages. Moreover, this habit of self-depreciation would be brought +into play when he was in conversation with such professed devourers of +books as John Adams and Jefferson, compared with whom he might very +properly feel an unfeigned conviction that he was no reader at all,--a +conviction in which they would be quite likely to agree with him, and +which they would be very likely to express. Thus, John Adams mentions +that, in the first intimacy of their friendship begun at the Congress +of 1774, the Virginian orator, at his lodgings, confessed one night +that, for himself, he had "had no public education;" that at fifteen +he had "read Virgil and Livy," but that he had "not looked into a +Latin book since."[8] Upon Jefferson, who of course knew Henry far +longer and far more closely, the impression of his disconnection from +books seems to have been even more decided, especially if we may +accept the testimony of Jefferson's old age, when his memory had taken +to much stumbling, and his imagination even more to extravagance than +in his earlier life. Said Jefferson, in 1824, of his ancient friend: +"He was a man of very little knowledge of any sort. He read nothing, +and had no books."[9] + +On the other hand, there are certain facts concerning Henry's early +education and intellectual habits which may be regarded as pretty +well established. Before the age of ten, at a petty neighborhood +school, he had got started upon the three primary steps of knowledge. +Then, from ten to fifteen, whatever may have been his own irregularity +and disinclination, he was member of a home school, under the +immediate training of his father and his uncle, both of them good +Scotch classical scholars, and one of them at least a proficient in +mathematics. No doubt the human mind, especially in its best estate of +juvenile vigor and frivolity, has remarkable aptitude for the +repulsion of unwelcome knowledge; but it can hardly be said that even +Patrick Henry's gift in that direction could have prevented his +becoming, under two such masters, tolerably well grounded in Latin, if +not in Greek, or that the person who at fifteen is able to read Virgil +and Livy, no matter what may be his subsequent neglect of Latin +authors, is not already imbued with the essential and indestructible +rudiments of the best intellectual culture. + +It is this early initiation, on the basis of a drill in Latin, into +the art and mystery of expression, which Patrick Henry received from +masters so competent and so deeply interested in him, which helps us +to understand a certain trait of his, which puzzled Jefferson, and +which, without this clue, would certainly be inexplicable. From his +first appearance as a speaker to the end of his days, he showed +himself to be something more than a declaimer,--indeed, an adept in +language. "I have been often astonished," said Jefferson, "at his +command of proper language; how he obtained the knowledge of it I +never could find out, as he read little, and conversed little with +educated men."[10] It is true, probably, that we have no perfect +report of any speech he ever made; but even through the obvious +imperfections of his reporters there always gleams a certain +superiority in diction,--a mastery of the logic and potency of fitting +words; such a mastery as genius alone, without special training, +cannot account for. Furthermore, we have in the letters of his which +survive, and which of course were generally spontaneous and quite +unstudied effusions, absolutely authentic and literal examples of his +ordinary use of words. Some of these letters will be found in the +following pages. Even as manuscripts, I should insist that the letters +of Patrick Henry are witnesses to the fact and quality of real +intellectual cultivation: these are not the manuscripts of an +uneducated person. In penmanship, punctuation, spelling, syntax, they +are, upon the whole, rather better than the letters of most of the +great actors in our Revolution. But, aside from the mere mechanics of +written speech, there is in the diction of Patrick Henry's letters the +nameless felicity which, even with great natural endowments, is only +communicable by genuine literary culture in some form. Where did +Patrick Henry get such literary culture? The question can be answered +only by pointing to that painful drill in Latin which the book-hating +boy suffered under his uncle and his father, when, to his anguish, +Virgil and Livy detained him anon from the true joys of existence. + +Wirt seems to have satisfied himself, on evidence carefully gathered +from persons who were contemporaries of Patrick Henry, that the latter +had received in his youth no mean classical education; but, in the +final revision of his book for publication, Wirt abated his statements +on that subject, in deference to the somewhat vehement assertions of +Jefferson. It may be that, in its present lessened form, Wirt's +account of the matter is the more correct one; but this is the proper +place in which to mention one bit of direct testimony upon the +subject, which, probably, was not known to Wirt. Patrick Henry is said +to have told his eldest grandson, Colonel Patrick Henry Fontaine, that +he was instructed by his uncle "not only in the catechism, but in the +Greek and Latin classics."[11] It may help us to realize something of +the moral stamina entering into the training which the unfledged +orator thus got that, as he related, his uncle taught him these maxims +of conduct: "To be true and just in all my dealings. To bear no malice +nor hatred in my heart. To keep my hands from picking and stealing. +Not to covet other men's goods; but to learn and labor truly to get my +own living, and to do my duty in that state of life unto which it +shall please God to call me."[12] + +Under such a teacher Patrick Henry was so thoroughly grounded, at +least in Latin and Greek grammar, that when, long afterward, his +eldest grandson was a student in Hampden-Sidney College, the latter +found "his grandfather's examinations of his progress in Greek and +Latin" so rigorous that he dreaded them "much more than he did his +recitations to his professors."[13] Colonel Fontaine also states that +he was present when a certain French visitor, who did not speak +English, was introduced to Governor Henry, who did not speak French. +During the war of the Revolution and just afterwards a similar +embarrassment was not infrequent here in the case of our public men, +among whom the study of French had been very uncommon; and for many of +them the old colonial habit of fitting boys for college by training +them to the colloquial use of Latin proved to be a great convenience. +Colonel Fontaine's anecdote implies, what is altogether probable, that +Patrick Henry's early drill in Latin had included the ordinary +colloquial use of it; for he says that in the case of the visitor in +question his grandfather was able, by means of his early stock of +Latin words, to carry on the conversation in that language.[14] + +This anecdote, implying Patrick Henry's ability to express himself +in Latin, I give for what it may be worth. Some will think it +incredible, and that impression will be further increased by the +fact that Colonel Fontaine names Albert Gallatin as the visitor +with whom, on account of his ignorance of English, the conversation +was thus carried on in Latin. This, of course, must be a mistake; +for, at the time of his first visit to Virginia, Gallatin could +speak English very well, so well, in fact, that he went to Virginia +expressly as English interpreter to a French gentleman who could not +speak our language.[15] However, as, during all that period, +Governor Henry had many foreign visitors, Colonel Fontaine, in his +subsequent account of that particular visitor, might easily have +misplaced the name without thereby discrediting the substance of his +narrative. Indeed, the substance of his narrative, namely, that he, +Colonel Fontaine, did actually witness, in the case of some foreign +visitor, such an exhibition of his grandfather's good early training +in Latin, cannot be rejected without an impeachment of the veracity +of the narrator, or at least of that of his son, who has recorded +the alleged incident. Of course, if that narrative be accepted as +substantially true, it will be necessary to conclude that the +Jeffersonian tradition of Patrick Henry's illiteracy is, at any +rate, far too highly tinted. + +Thus far we have been dealing with the question of Patrick Henry's +education down to the time of his leaving school, at the age of +fifteen. It was not until nine years afterward that he began the study +of the law. What is the intellectual record of these nine years? It is +obvious that they were years unfavorable to systematic training of +any sort, or to any regulated acquisition of knowledge. During all +that time in his life, as we now look back upon it, he has for us the +aspect of some lawless, unkempt genius, in untoward circumstances, +groping in the dark, not without wild joy, towards his inconceivable, +true vocation; set to tasks for which he was grotesquely unfit; +blundering on from misfortune to misfortune, with an overflow of +unemployed energy and vivacity that swept him often into rough fun, +into great gusts of innocent riot and horseplay; withal borne along, +for many days together, by the mysterious undercurrents of his nature, +into that realm of reverie where the soul feeds on immortal fruit and +communes with unseen associates, the body meanwhile being left to the +semblance of idleness; of all which the man himself might have given +this valid justification:-- + + "I loafe and invite my soul, + I lean and loafe at my ease, observing a spear of summer grass." + +Nevertheless, these nine years of groping, blundering, and seeming +idleness were not without their influence on his intellectual +improvement even through direct contact with books. While still a boy +in his teens, and put prematurely to uncongenial attempts at +shopkeeping and farmkeeping, he at any rate made the great discovery +that in books and in the gathering of knowledge from books could be +found solace and entertainment; in short, he then acquired a taste for +reading. No one pretends that Patrick Henry ever became a bookish +person. From the first and always the habit of his mind was that of +direct action upon every subject that he had to deal with, through his +own reflection, and along the broad primary lines of common sense. +There is never in his thought anything subtle or recondite,--no mental +movement through the media of books; but there is good evidence for +saying that this bewildered and undeveloped youth, drifting about in +chaos, did in those days actually get a taste for reading, and that he +never lost it. The books which he first read are vaguely described as +"a few light and elegant authors,"[16] probably in English essays and +fiction. As the years passed and the boy's mind matured, he rose to +more serious books. He became fond of geography and of history, and he +pushed his readings, especially, into the history of Greece and of +Rome. He was particularly fascinated by Livy, which he read in the +English translation; and then it was, as he himself related it to +Judge Hugh Nelson, that he made the rule to read Livy through "once at +least in every year during the early part of his life."[17] He read +also, it is apparent, the history of England and of the English +colonies in America, and especially of his own colony; for the latter +finding, no doubt, in Beverley and in the grave and noble pages of +Stith, and especially in the colonial charters given by Stith, much +material for those incisive opinions which he so early formed as to +the rights of the colonies, and as to the barriers to be thrown up +against the encroaching authority of the mother country. + +There is much contemporaneous evidence to show that Patrick Henry was +throughout life a deeply religious person. It certainly speaks well +for his intellectual fibre, as well as for his spiritual tendencies, +that his favorite book, during the larger part of his life, was +"Butler's Analogy," which was first published in the very year in +which he was born. It is possible that even during these years of his +early manhood he had begun his enduring intimacy with that robust +book. Moreover, we can hardly err in saying that he had then also +become a steady reader of the English Bible, the diction of which is +stamped upon his style as unmistakably as it is upon that of the elder +Pitt. + +Such, I think it may fairly be said, was Patrick Henry when, at the +age of twenty-four, having failed in every other pursuit, he turned +for bread to the profession of the law. There is no evidence that +either he or any other mortal man was aware of the extraordinary gifts +that lay within him for success in that career. Not a scholar surely, +not even a considerable miscellaneous reader, he yet had the basis of +a good education; he had the habit of reading over and over again a +few of the best books; he had a good memory; he had an intellect +strong to grasp the great commanding features of any subject; he had a +fondness for the study of human nature, and singular proficiency in +that branch of science; he had quick and warm sympathies, particularly +with persons in trouble,--an invincible propensity to take sides with +the under-dog in any fight. Through a long experience in offhand talk +with the men whom he had thus far chiefly known in his little +provincial world,--with an occasional clergyman, pedagogue, or +legislator, small planters and small traders, sportsmen, loafers, +slaves and the drivers of slaves, and, more than all, those bucolic +Solons of old Virginia, the good-humored, illiterate, thriftless +Caucasian consumers of tobacco and whiskey, who, cordially consenting +that all the hard work of the world should be done by the children of +Ham, were thus left free to commune together in endless debate on the +tavern porch or on the shady side of the country store,--young Patrick +had learned somewhat of the lawyer's art of putting things; he could +make men laugh, could make them serious, could set fire to their +enthusiasms. What more he might do with such gifts nobody seems to +have guessed; very likely few gave it any thought at all. In that +rugged but munificent profession at whose outward gates he then +proceeded to knock, it was altogether improbable that he would burden +himself with much more of its erudition than was really necessary for +a successful general practice in Virginia in his time, or that he +would permanently content himself with less. + + +FOOTNOTES: + +[5] Curtis, _Life of Webster_, i. 585. + +[6] Randall, _Life of Jefferson_, i. 20. + +[7] MS. + +[8] _Works of John Adams_, ii. 396. + +[9] Curtis, _Life of Webster_, i. 585. + +[10] Curtis, _Life of Webster_, i. 585. + +[11] MS. + +[12] MS. + +[13] MS. + +[14] MS. + +[15] Henry Adams, _Life of Gallatin_, 59, 60. + +[16] Wirt, 9. + +[17] Wirt, 13. This is the passage on which Jefferson, in his extreme +old age, made the characteristically inaccurate comment: "His +biographer says, 'He read Plutarch every year.' I doubt if he ever +read a volume of it in his life." Curtis, _Life of Webster_, i. 585. + + + + +CHAPTER III + +BECOMES A LAWYER + + +Some time in the early spring of 1760, Thomas Jefferson, then a lad in +the College of William and Mary, was surprised by the arrival in +Williamsburg of his jovial acquaintance, Patrick Henry, and still more +by the announcement of the latter that, in the brief interval since +their merrymakings together at Hanover, he had found time to study +law, and had actually come up to the capital to seek an admission to +the bar. + +In the accounts that we have from Henry's contemporaries respecting +the length of time during which he was engaged in preparing for his +legal examination, there are certain discrepancies,--some of these +accounts saying that it was nine months, others six or eight months, +others six weeks. Henry himself told a friend that his original study +of the law lasted only one month, and consisted in the reading of Coke +upon Littleton and of the Virginia laws.[18] + +Concerning the encounter of this obscure and raw country youth with +the accomplished men who examined him as to his fitness to receive a +license to practice law, there are three primary narratives,--two by +Jefferson, and a third by Judge John Tyler. In his famous talk with +Daniel Webster and the Ticknors at Monticello, in 1824, Jefferson +said: "There were four examiners,--Wythe, Pendleton, Peyton Randolph, +and John Randolph. Wythe and Pendleton at once rejected his +application; the two Randolphs were, by his importunity, prevailed +upon to sign the license; and, having obtained their signatures, he +again applied to Pendleton, and after much entreaty, and many promises +of future study, succeeded also in obtaining his. He then turned out +for a practicing lawyer."[19] + +In a memorandum[20] prepared nearly ten years before the conversation +just mentioned, Jefferson described somewhat differently the incidents +of Henry's examination:-- + + "Two of the examiners, however, Peyton and John Randolph, + men of great facility of temper, signed his license with as + much reluctance as their dispositions would permit them to + show. Mr. Wythe absolutely refused. Rob. C. Nicholas refused + also at first; but on repeated importunities, and promises + of future reading, he signed. These facts I had afterwards + from the gentlemen themselves; the two Randolphs + acknowledging he was very ignorant of law, but that they + perceived him to be a young man of genius, and did not doubt + he would soon qualify himself."[21] + +Long afterward, and when all this anxious affair had become for +Patrick Henry an amusing thing of the past, he himself, in the +confidence of an affectionate friendship, seems to have related one +remarkable phase of his experience to Judge John Tyler, by whom it was +given to Wirt. One of the examiners was "Mr. John Randolph, who was +afterwards the king's attorney-general for the colony,--a gentleman of +the most courtly elegance of person and manners, a polished wit, and a +profound lawyer. At first, he was so much shocked by Mr. Henry's very +ungainly figure and address, that he refused to examine him. +Understanding, however, that he had already obtained two signatures, +he entered with manifest reluctance on the business. A very short time +was sufficient to satisfy him of the erroneous conclusion which he had +drawn from the exterior of the candidate. With evident marks of +increasing surprise (produced, no doubt, by the peculiar texture and +strength of Mr. Henry's style, and the boldness and originality of his +combinations), he continued the examination for several hours; +interrogating the candidate, not on the principles of municipal law, +in which he no doubt soon discovered his deficiency, but on the laws +of nature and of nations, on the policy of the feudal system, and on +general history, which last he found to be his stronghold. During the +very short portion of the examination which was devoted to the common +law, Mr. Randolph dissented, or affected to dissent, from one of Mr. +Henry's answers, and called upon him to assign the reasons of his +opinion. This produced an argument, and Mr. Randolph now played off on +him the same arts which he himself had so often practiced on his +country customers; drawing him out by questions, endeavoring to puzzle +him by subtleties, assailing him with declamation, and watching +continually the defensive operations of his mind. After a considerable +discussion, he said, 'You defend your opinions well, sir; but now to +the law and to the testimony.' Hereupon he carried him to his office, +and, opening the authorities, said to him: 'Behold the force of +natural reason! You have never seen these books, nor this principle of +the law; yet you are right and I am wrong. And from the lesson which +you have given me (you must excuse me for saying it) I will never +trust to appearances again. Mr. Henry, if your industry be only half +equal to your genius, I augur that you will do well, and become an +ornament and an honor to your profession.'"[22] + +After such an ordeal at Williamsburg, the young man must have ridden +back to Hanover with some natural elation over his success, but that +elation not a little tempered by serious reflection upon his own +deficiencies as a lawyer, and by an honest purpose to correct them. +Certainly nearly everything that was dear to him in life must then +have risen before his eyes, and have incited him to industry in the +further study of his profession. + +At that time, his father-in-law had become the keeper of a tavern in +Hanover; and for the next two or three years, while he was rapidly +making his way as a general practitioner of the law in that +neighborhood, Patrick seems occasionally to have been a visitor at +this tavern. It was in this way, undoubtedly, that he sometimes acted +as host, especially in the absence of his father-in-law,--receiving +all comers, and providing for their entertainment; and it was from +this circumstance that the tradition arose, as Jefferson bluntly +expressed it, that Patrick Henry "was originally a barkeeper,"[23] or, +as it is more vivaciously expressed by a recent writer, that "for +three years" after getting his license to practice law, he "tended +travelers and drew corks."[24] + +These statements, however, are but an exaggeration of the fact that, +whenever visiting at the tavern of his father-in-law, he had the good +sense and the good feeling to lend a hand, in case of need, in the +business of the house; and that no more than this is true may be +proved, not only from the written testimony of survivors,[25] who knew +him in those days, but from the contemporary records, carefully kept +by himself, of his own earliest business as a lawyer. These records +show that, almost at once after receiving his license to practice +law, he must have been fully occupied with the appropriate business of +his profession. + +It is quite apparent, also, from the evidence just referred to, that +the common history of his life has, in another particular, done great +injustice to this period of it. According to the recollection of one +old man who outlived him, "he was not distinguished at the bar for +near four years."[26] Wirt himself, relying upon the statements of +several survivors of Patrick Henry, speaks of his lingering "in the +background for three years," and of "the profits of his practice" as +being so inadequate for the supply of even "the necessaries of life," +that "for the first two or three years" he was living with his family +in dependence upon his father-in-law.[27] Fortunately, however, we are +not left in this case to grope our way toward the truth amid the ruins +of the confused and decaying memories of old men. Since Wirt's time, +there have come to light the fee-books of Patrick Henry, carefully and +neatly kept by him from the beginning of his practice, and covering +nearly his entire professional life down to old age.[28] The first +entry in these books is for September, 1760; and from that date onward +to the end of the year 1763,--by which time he had suddenly sprung +into great professional prominence by his speech in "the Parsons' +Cause,"--he is found to have charged fees in 1185 suits, besides many +other fees for the preparation of legal papers out of court. From +about the time of his speech in "the Parsons' Cause," as his fee-books +show, his practice became enormous, and so continued to the end of his +days, excepting when public duties or broken health compelled him to +turn away clients. Thus it is apparent that, while the young lawyer +did not attain anything more than local professional reputation until +his speech against the parsons, he did acquire a very considerable +practice almost immediately after his admission to the bar. Moreover, +so far from his being a needy dependent on his father-in-law for the +first two or three years, the same quiet records show that his +practice enabled him, even during that early period, to assist his +father-in-law by an important advance of money. + +The fiction that Patrick Henry, during the first three or four years +of his nominal career as a lawyer, was a briefless barrister,--earning +his living at the bar of a tavern rather than at the bar of +justice,--is the very least of those disparaging myths, which, through +the frailty of human memory and the bitterness of partisan ill-will, +have been permitted to settle upon his reputation. Certainly, no one +would think it discreditable, or even surprising, if Patrick Henry, +while still a very young lawyer, should have had little or no +practice, provided only that, when the practice did come, the young +lawyer had shown himself to have been a good one. It is precisely +this honor which, during the past seventy years, has been denied him. +Upon the evidence thus far most prominently before the public, one is +compelled to conceive of him as having been destitute of nearly all +the qualifications of a good lawyer, excepting those which give +success with juries, particularly in criminal practice: he is +represented as ignorant of the law, indolent, and grossly negligent of +business,--with nothing, in fact, to give him the least success in the +profession but an abnormal and quite unaccountable gift of persuasion +through speech. + +Referring to this period of his life, Wirt says:-- + + "Of the science of law he knew almost nothing; of the + practical part he was so wholly ignorant that he was not + only unable to draw a declaration or a plea, but incapable, + it is said, of the most common or simple business of his + profession, even of the mode of ordering a suit, giving a + notice, or making a motion in court."[29] + +This conception of Henry's professional character, to which Wirt seems +to have come reluctantly, was founded, as is now evident, on the +long-suppressed memorandum of Jefferson, who therein states that, +after failing in merchandise, Patrick "turned his views to the law, +for the acquisition or practice of which however, he was too lazy. +Whenever the courts were closed for the winter session, he would make +up a party of poor hunters of his neighborhood, would go off with +them to the piny woods of Fluvanna, and pass weeks in hunting deer, of +which he was passionately fond, sleeping under a tent before a fire, +wearing the same shirt the whole time, and covering all the dirt of +his dress with a hunting-shirt. He never undertook to draw pleadings, +if he could avoid it, or to manage that part of a cause, and very +unwillingly engaged but as an assistant to speak in the cause. And the +fee was an indispensable preliminary, observing to the applicant that +he kept no accounts, never putting pen to paper, which was true."[30] + +The last sentence of this passage, in which Jefferson declares that it +was true that Henry "kept no accounts, never putting pen to paper," +is, of course, now utterly set aside by the discovery of the precious +fee-books; and these orderly and circumstantial records almost as +completely annihilate the trustworthiness of all the rest of the +passage. Let us consider, for example, Jefferson's statement that for +the acquisition of the law, or for the practice of it, Henry was too +lazy, and that much of the time between the sessions of the courts was +passed by him in deer-hunting in the woods. Confining ourselves to the +first three and a half years of his actual practice, in which, by the +record, his practice was the smallest that he ever had, it is not easy +for one to understand how a mere novice in the profession, and one so +perfectly ignorant of its most rudimental forms, could have earned, +during that brief period, the fees which he charged in 1185 suits, and +in the preparation of many legal papers out of court, and still have +been seriously addicted to laziness. Indeed, if so much legal business +could have been transacted within three years and a half, by a lawyer +who, besides being young and incompetent, was also extremely lazy, and +greatly preferred to go off to the woods and hunt for deer while his +clients were left to hunt in vain for him, it becomes an interesting +question just how much legal business we ought to expect to be done by +a young lawyer who was not incompetent, was not lazy, and had no +inordinate fondness for deer-hunting. It happens that young Thomas +Jefferson himself was just such a lawyer. He began practice exactly +seven years after Patrick Henry, and at precisely the same time of +life, though under external circumstances far more favorable. As a +proof of his uncommon zeal and success in the profession, his +biographer, Randall, cites from Jefferson's fee-books the number of +cases in which he was employed until he was finally drawn off from the +law into political life. Oddly enough, for the first four years of his +practice, the cases registered by Jefferson[31] number, in all, but +504. It should be mentioned that this number, as it includes only +Jefferson's cases in the General Court, does not indicate all the +business done by him during those first four years; and yet, even with +this allowance, we are left standing rather helpless before the +problem presented by the fact that this competent and diligent young +lawyer--whom, forsooth, the rustling leaves of the forest could never +for once entice from the rustle of the leaves of his law-books--did +nevertheless transact, during his own first four years of practice, +probably less than one half as much business as seems to have been +done during a somewhat shorter space of time by our poor, ignorant, +indolent, slovenly, client-shunning and forest-haunting Patrick. + +But, if Jefferson's charge of professional indolence and neglect on +the part of his early friend fares rather ill when tested by those +minute and plodding records of his professional employments which were +kept by Patrick Henry, a fate not much more prosperous overtakes +Jefferson's other charge,--that of professional incompetence. It is +more than intimated by Jefferson that, even had Patrick been disposed +to engage in a general law practice, he did not know enough to do so +successfully by reason of his ignorance of the most ordinary legal +principles and legal forms. But the intellectual embarrassment which +one experiences in trying to accept this view of Patrick Henry arises +from the simple fact that these incorrigible fee-books show that it +was precisely this general law practice that he did engage in, both in +court and out of court; a practice only a small portion of which was +criminal, the larger part of it consisting of the ordinary suits in +country litigation; a practice which certainly involved the drawing +of pleadings, and the preparation of many sorts of legal papers; a +practice, moreover, which he seems to have acquired with extraordinary +rapidity, and to have maintained with increasing success as long as he +cared for it. These are items of history which are likely to burden +the ordinary reader with no little perplexity,--a perplexity the +elements of which are thus modestly stated by a living grandson of +Patrick Henry: "How he acquired or retained a practice so large and +continually increasing, so perfectly unfit for it as Mr. Jefferson +represents him, I am at a loss to understand."[32] + +As we go further in the study of this man's life, we shall have before +us ample materials for dealing still further and still more definitely +with the subject of his professional character, as that character +itself became developed and matured. Meantime, however, the evidence +already in view seems quite enough to enable us to form a tolerably +clear notion of the sort of lawyer he was down to the end of 1763, +which may be regarded as the period of his novitiate at the bar. It is +perfectly evident that, at the time of his admission to the bar, he +knew very little of the law, either in its principles or in its forms: +he knew no more than could have been learned by a young man of genius +in the course of four weeks in the study of Coke upon Littleton, and +of the laws of Virginia. If, now, we are at liberty to suppose that +his study of the law then ceased, we may accept the view of his +professional incompetence held up by Jefferson; but precisely that is +what we are not at liberty to suppose. All the evidence, fairly +sifted, warrants the belief that, on his return to Hanover with his +license to practice law, he used the next few months in the further +study of it; and that thenceforward, just so fast as professional +business came to his hands, he tried to qualify himself to do that +business, and to do it so well that his clients should be inclined to +come to him again in case of need. Patrick Henry's is not the first +case, neither is it the last one, of a man coming to the bar miserably +unqualified for its duties, but afterward becoming well qualified. We +need not imagine, we do not imagine, that he ever became a man of +great learning in the law; but we do find it impossible to believe +that he continued to be a man of great ignorance in it. The law, +indeed, is the one profession on earth in which such success as he is +proved to have had, is impossible to such incompetence as he is said +to have had. Moreover, in trying to form a just idea of Patrick Henry, +it is never safe to forget that we have to do with a man of genius, +and that the ways by which a man of genius reaches his results are +necessarily his own,--are often invisible, are always somewhat +mysterious, to the rest of us. The genius of Patrick Henry was +powerful, intuitive, swift; by a glance of the eye he could take in +what an ordinary man might spend hours in toiling for; his memory +held whatever was once committed to it; all his resources were at +instant command; his faculty for debate, his imagination, humor, tact, +diction, elocution, were rich and exquisite; he was also a man of +human and friendly ways, whom all men loved, and whom all men wanted +to help; and it would not have been strange if he actually fitted +himself for the successful practice of such law business as was then +to be had in Virginia, and actually entered upon its successful +practice with a quickness the exact processes of which were +unperceived even by his nearest neighbors. + + +FOOTNOTES: + +[18] Wirt, 16. + +[19] Curtis, _Life of Webster_, i. 584. + +[20] First printed in the Philadelphia _Age_, in 1867; and again +printed, from the original manuscript, in _The Historical Magazine_, +August, 1867, 90-93. I quote from the latter. + +[21] Jefferson's memorandum, _Hist. Mag._ for August, 1867, 90. + +[22] Wirt, 16, 17. + +[23] Curtis, _Life of Webster_, i. 584. + +[24] McMaster, _Hist. of U. S._ i. 489. + +[25] I have carefully examined this testimony, which is still in +manuscript. + +[26] Judge Winston, MS. + +[27] Wirt, 18, 19. + +[28] These fee-books are now in the possession of Mr. William Wirt +Henry, of Richmond. + +[29] Wirt, 18. + +[30] _Hist. Mag._ for 1867, 93. + +[31] Randall, _Life of Jefferson_, i. 47, 48. + +[32] William Wirt Henry, _Character and Public Career of Patrick +Henry_, 3. + + + + +CHAPTER IV + +A CELEBRATED CASE + + +Thus Patrick Henry had been for nearly four years in the practice of +the law, with a vigor and a success quite extraordinary, when, late in +the year 1763, he became concerned in a case so charged with popular +interest, and so well suited to the display of his own marvellous +genius as an advocate, as to make both him and his case immediately +celebrated. + +The side upon which he was retained happened to be the wrong +side,--wrong both in law and in equity; having only this element of +strength in it, namely, that by a combination of circumstances there +were enlisted in its favor precisely those passions of the multitude +which are the most selfish, the most blinding, and at the same time +the most energetic. It only needed an advocate skilful enough to play +effectively upon these passions, and a storm would be raised before +which mere considerations of law and of equity would be swept out of +sight. + +In order to understand the real issue presented by "the Parsons' +Cause," and consequently the essential weakness of the side to the +service of which our young lawyer was now summoned, we shall need to +turn about and take a brief tour into the earlier history of Virginia. +In that colony, from the beginning, the Church of England was +established by law, and was supported, like any other institution of +the government, by revenues derived from taxation,--taxation levied in +this case upon nearly all persons in the colony above the age of +sixteen years. Moreover, those local subdivisions which, in the +Northern colonies, were called towns, in Virginia were called +parishes; and accordingly, in the latter, the usual local officers who +manage the public business for each civil neighborhood were called, +not selectmen or supervisors, as at the North, but vestrymen. Among +the functions conferred by the law upon these local officers in +Virginia was that of hiring the rector or minister, and of paying him +his salary; and the same authority which gave to the vestry this power +fixed likewise the precise amount of salary which they were to pay. +Ever since the early days of the colony, this amount had been stated, +not in money, which hardly existed there, but in tobacco, which was +the staple of the colony. Sometimes the market value of tobacco would +be very low,--so low that the portion paid to the minister would yield +a sum quite insufficient for his support; and on such occasions, prior +to 1692, the parishes had often kindly made up for such depreciation +by voluntarily paying an extra quantity of tobacco.[33] After 1692, +however, for reasons which need not now be detailed, this generous +custom seems to have disappeared. For example, from 1709 to 1714, the +price of tobacco was so low as to make its shipment to England, in +many instances, a positive loss to its owner; while the sale of it on +the spot was so disadvantageous as to reduce the minister's salary to +about Ł25 a year, as reckoned in the depreciated paper currency of the +colony. Of course, during those years, the distress of the clergy was +very great; but, whatever it may have been, they were permitted to +bear it, without any suggestion, either from the legislature or from +the vestries, looking toward the least addition to the quantity of +tobacco then to be paid them. On the other hand, from 1714 to 1720, +the price of tobacco rose considerably above the average, and did +something towards making up to the clergy the losses which they had +recently incurred. Then, again, from 1720 to 1724, tobacco fell to the +low price of the former period, and of course with the same results of +unrelieved loss to the clergy.[34] Thus, however, in the process of +time, there had become established, in the fiscal relations of each +vestry to its minister, a rough but obvious system of fair play. When +the price of tobacco was down, the parson was expected to suffer the +loss; when the price of tobacco was up, he was allowed to enjoy the +gain. Probably it did not then occur to any one that a majority of +the good people of Virginia could ever be brought to demand such a +mutilation of justice as would be involved in depriving the parson of +the occasional advantage of a very good market, and of making up for +this by always leaving to him the undisturbed enjoyment of every +occasional bad one. Yet it was just this mutilation of justice which, +only a few years later, a majority of the good people of Virginia were +actually brought to demand, and which, by the youthful genius of +Patrick Henry, they were too well aided in effecting. + +Returning now from our brief tour into a period of Virginian history +just prior to that upon which we are at present engaged, we find +ourselves arrived at the year 1748, in which year the legislature of +Virginia, revising all previous regulations respecting the hiring +and paying of the clergy, passed an act, directing that every parish +minister should "receive an annual salary of 16,000 pounds of +tobacco, ... to be levied, assessed, collected, and paid" by the +vestry. "And if the vestry of any parish" should "neglect or refuse +to levy the tobacco due to the minister," they should "be liable to +the action of the party grieved ... for all damages which he ... +shall sustain by such refusal or neglect."[35] This act of the +colonial legislature, having been duly approved by the king, became +a law, and consequently was not liable to repeal or even to +suspension except by the king's approval. Thus, at the period now +reached, there was between every vestry and its minister a valid +contract for the annual payment, by the former to the latter, of +that particular quantity of tobacco,--the clergy to take their +chances as to the market value of the product from year to year. + +Thus matters ran on until 1755, when, by reason of a diminished crop +of tobacco, the legislature passed an option law,[36] virtually +suspending for the next ten months the Act of 1748, and requiring the +clergy, at the option of the vestries, to receive their salaries for +that year, not in tobacco, but in the depreciated paper currency of +the colony, at the rate of two pence for each pound of tobacco due,--a +price somewhat below the market value of the article for that year. +Most clearly this act, which struck an arbitrary blow at the validity +of all contracts in Virginia, was one which exceeded the +constitutional authority of the legislature; since it suspended, +without the royal approval, a law which had been regularly ratified by +the king. However, the operation of this act was shrewdly limited to +ten months,--a period just long enough to accomplish its object, but +too short for the royal intervention against it to be of any direct +avail. Under these circumstances, the clergy bore their losses for +that year with some murmuring indeed, but without any formal +protest.[37] + +Just three years afterward, in 1758, the legislature, with even less +excuse than before, passed an act[38] similar to that of 1755,--its +force, however, being limited to twelve months. The operation of this +act, as affecting each parish minister, may be conveyed in very few +words. In lieu of what was due him under the law for his year's +services, namely, 16,000 pounds of tobacco, the market value of which +for the year in question proved to be about Ł400 sterling, it +compelled him to take, in the paper money of the colony, the sum of +about Ł133. To make matters still worse, while the tobacco which was +due him was an instant and an advantageous medium of exchange +everywhere, and especially in England whence nearly all his merchant +supplies were obtained, this paper money that was forced upon him was +a depreciated currency even within the colony, and absolutely +worthless outside of it; so that the poor parson, who could never +demand his salary for any year until six full months after its close, +would have proffered to him, at the end, perhaps, of another six +months, just one third of the nominal sum due him, and that in a +species of money of no value at all except in Virginia, and even in +Virginia of a purchasing value not exceeding that of Ł20 sterling in +England.[39] + +Nor, in justification of such a measure, could it be truthfully said +that there was at that time in the colony any general "dearth and +scarcity,"[40] or any such public distress of any sort as might +overrule the ordinary maxims of justice, and excuse, in the name of +humanity, a merely technical violation of law. As a matter of fact, +the only "dearth and scarcity" in Virginia that year was "confined to +one or two counties on James River, and that entirely owing to their +own fault;"[41] wherever there was any failure of the tobacco crop, it +was due to the killing of the plants so early in the spring, that such +land did not need to lie uncultivated, and in most cases was planted +"in corn and pease, which always turned to good account;"[42] and +although, for the whole colony, the crop of tobacco "was short in +quantity," yet "in cash value it proved to be the best crop that +Virginia had ever had" since the settlement of the colony.[43] +Finally, it was by no means the welfare of the poor that "was the +object, or the effect, of the law;" but it was "the rich planters" +who, first selling their tobacco at about fifty shillings the hundred, +and then paying to the clergy and others their tobacco debts at the +rate of sixteen shillings the hundred, were "the chief gainers" by the +act.[44] + +Such, then, in all its fresh and unadorned rascality, was the famous +"option law," or "two-penny act," of 1758: an act firmly opposed, on +its first appearance in the legislature, by a noble minority of +honorable men; an act clearly indicating among a portion of the people +of Virginia a survival of the old robber instincts of our Norse +ancestors; an act having there the sort of frantic popularity that all +laws are likely to have which give a dishonest advantage to the debtor +class,--and in Virginia, unfortunately, on the subject of salaries due +to the clergy, nearly all persons above sixteen years of age belonged +to that class.[45] + +At the time when this act was before the legislature for +consideration, the clergy applied for a hearing, but were refused. +Upon its passage by the two houses, the clergy applied to the acting +governor, hoping to obtain his disapproval of the act; but his reply +was an unblushing avowal of his determination to pursue any course, +right or wrong, which would bring him popular favor. They then sent +one of their own number to England, for the purpose of soliciting the +royal disallowance of the act. After a full hearing of both sides, the +privy council gave it as their opinion that the clergy of Virginia had +their "certain remedy at law;" Lord Hardwicke, in particular, +declaring that "there was no occasion to dispute about the authority +by which the act was passed; for that no court in the judicature +whatever could look upon it to be law, by reason of its manifest +injustice alone."[46] Accordingly, the royal disallowance was granted. +Upon the arrival in Virginia of these tidings, several of the clergy +began suits against their respective vestries, for the purpose of +compelling them to pay the amounts then legally due upon their +salaries for the year 1758. + +Of these suits, the first to come to trial was that of the Rev. Thomas +Warrington, in the County Court of Elizabeth City. In that case, "a +jury of his own parishioners found for him considerable damages, +allowing on their oaths that there was above twice as much justly due +to him as the act had granted;"[47] but "the court hindered him from +immediately coming at the damages, by judging the act to be law, in +which it is thought they were influenced more by the fear of giving +offense to their superiors, than by their own opinion of the +reasonableness of the act,--they privately professing that they +thought the parson ought to have his right."[48] + +Soon afterward came to trial, in the court of King William County, the +suit of the Rev. Alexander White, rector of St. David's parish. In +this case, the court, instead of either sustaining or rejecting the +disallowed act, simply shirked their responsibility, "refused to +meddle in the matter, and insisted on leaving the whole affair to the +jury;" who being thus freed from all judicial control, straightway +rendered a verdict of neat and comprehensive lawlessness: "We bring in +for the defendant."[49] + +It was at this stage of affairs that the court of Hanover County +reached the case of the Rev. James Maury, rector of Fredericksville +parish, Louisa; and the court, having before it the evidence of the +royal disallowance of the Act of 1758, squarely "adjudged the act to +be no law." Of course, under this decision, but one result seemed +possible. As the court had thus rejected the validity of the act +whereby the vestry had withheld from their parson two thirds of his +salary for the year 1758, it only remained to summon a special jury on +a writ of inquiry to determine the damages thus sustained by the +parson; and as this was a very simple question of arithmetic, the +counsel for the defendants expressed his desire to withdraw from the +case. + +Such was the situation, when these defendants, having been assured by +their counsel that all further struggle would be hopeless, turned for +help to the enterprising young lawyer who, in that very place, had +been for the previous three and a half years pushing his way to notice +in his profession. To him, accordingly, they brought their cause,--a +desperate cause, truly,--a cause already lost and abandoned by veteran +and eminent counsel. Undoubtedly, by the ethics of his profession, +Patrick Henry was bound to accept the retainer that was thus tendered +him; and, undoubtedly, by the organization of his own mind, having +once accepted that retainer, he was likely to devote to the cause no +tepid or half-hearted service. + +The decision of the court, which has been referred to, was rendered at +its November session. On the first day of the session in December, the +order was executed for summoning a select jury "to examine whether the +plaintiff had sustained any damages, and what."[50] Obviously, in the +determination of these two questions, much would depend on the +personal composition of the jury; and it is apparent that this matter +was diligently attended to by the sheriff. His plan seems to have been +to secure a good, honest jury of twelve adult male persons, but +without having among them a single one of those over-scrupulous and +intractable people who, in Virginia, at that time, were still +technically described as gentlemen. With what delicacy and efficiency +he managed this part of the business was thus described shortly +afterward by the plaintiff, of course a deeply interested +eye-witness:-- + + "The sheriff went into a public room full of gentlemen, and + told his errand. One excused himself ... as having already + given his opinion in a similar case. On this, ... he + immediately left the room, without summoning any one person + there. He afterwards met another gentleman ... on the green, + and, on saying he was not fit to serve, being a church + warden, he took upon himself to excuse him, too, and, as far + as I can learn made no further attempts to summon + gentlemen.... Hence he went among the vulgar herd. After he + had selected and set down upon his list about eight or ten + of these, I met him with it in his hand, and on looking over + it, observed to him that they were not such jurors as the + court had directed him to get,--being people of whom I had + never heard before, except one whom, I told him, he knew to + be a party in the cause.... Yet this man's name was not + erased. He was even called in court, and had he not excused + himself, would probably have been admitted. For I cannot + recollect that the court expressed either surprise or + dislike that a more proper jury had not been summoned. Nay, + though I objected against them, yet, as Patrick Henry, one + of the defendants' lawyers, insisted they were honest men, + and, therefore, unexceptionable, they were immediately + called to the book and sworn."[51] + +Having thus secured a jury that must have been reasonably +satisfactory to the defendants, the hearing began. Two gentlemen, +being the largest purchasers of tobacco in the county, were then sworn +as witnesses to prove the market price of the article in 1759. By +their testimony it was established that the price was then more than +three times as much as had been estimated in the payment of paper +money actually made to the plaintiff in that year. Upon this state of +facts, "the lawyers on both sides" proceeded to display "the force and +weight of the evidence;" after which the case was given to the jury. +"In less than five minutes," they "brought in a verdict for the +plaintiff,--one penny damages."[52] + +Just how the jury were induced, in the face of the previous judgment +of that very court, to render this astounding verdict, has been +described in two narratives: one by William Wirt, written about fifty +years after the event; the other by the injured plaintiff himself, the +Rev. James Maury, written exactly twelve days after the event. Few +things touching the life of Patrick Henry can be more notable or more +instructive than the contrast presented by these two narratives. + +On reaching the scene of action, on the 1st of December, Patrick Henry +"found," says Wirt,-- + + "on the courtyard such a concourse as would have appalled + any other man in his situation. They were not people of the + county merely who were there, but visitors from all the + counties to a considerable distance around. The decision + upon the demurrer had produced a violent ferment among the + people, and equal exultation on the part of the clergy, who + attended the court in a large body, either to look down + opposition, or to enjoy the final triumph of this hard + fought contest, which they now considered as perfectly + secure.... Soon after the opening of the court the cause was + called.... The array before Mr. Henry's eyes was now most + fearful. On the bench sat more than twenty clergymen, the + most learned men in the colony.... The courthouse was + crowded with an overwhelming multitude, and surrounded with + an immense and anxious throng, who, not finding room to + enter, were endeavoring to listen without in the deepest + attention. But there was something still more awfully + disconcerting than all this; for in the chair of the + presiding magistrate sat no other person than his own + father. Mr. Lyons opened the cause very briefly.... And now + came on the first trial of Patrick Henry's strength. No one + had ever heard him speak,[53] and curiosity was on tiptoe. + He rose very awkwardly, and faltered much in his exordium. + The people hung their heads at so unpromising a + commencement; the clergy were observed to exchange sly looks + with each other; and his father is described as having + almost sunk with confusion, from his seat. But these + feelings were of short duration, and soon gave place to + others of a very different character. For now were those + wonderful faculties which he possessed, for the first time + developed; and now was first witnessed that mysterious and + almost supernatural transformation of appearance, which the + fire of his own eloquence never failed to work in him. For + as his mind rolled along, and began to glow from its own + action, all the exuvić of the clown seemed to shed + themselves spontaneously. His attitude, by degrees, became + erect and lofty. The spirit of his genius awakened all his + features. His countenance shone with a nobleness and + grandeur which it had never before exhibited. There was a + lightning in his eyes which seemed to rive the spectator. + His action became graceful, bold, and commanding; and in the + tones of his voice, but more especially in his emphasis, + there was a peculiar charm, a magic, of which any one who + ever heard him will speak as soon as he is named, but of + which no one can give any adequate description. They can + only say that it struck upon the ear and upon the heart, in + a manner which language cannot tell. Add to all these, his + wonder-working fancy, and the peculiar phraseology in which + he clothed its images: for he painted to the heart with a + force that almost petrified it. In the language of those who + heard him on this occasion, 'he made their blood run cold, + and their hair to rise on end.' + + "It will not be difficult for any one who ever heard this + most extraordinary man, to believe the whole account of this + transaction which is given by his surviving hearers; and + from their account, the court house of Hanover County must + have exhibited, on this occasion, a scene as picturesque as + has been ever witnessed in real life. They say that the + people, whose countenance had fallen as he arose, had heard + but a very few sentences before they began to look up; then + to look at each other with surprise, as if doubting the + evidence of their own senses; then, attracted by some strong + gesture, struck by some majestic attitude, fascinated by the + spell of his eye, the charm of his emphasis, and the varied + and commanding expression of his countenance, they could + look away no more. In less than twenty minutes, they might + be seen in every part of the house, on every bench, in every + window, stooping forward from their stands, in death-like + silence; their features fixed in amazement and awe; all + their senses listening and riveted upon the speaker, as if + to catch the least strain of some heavenly visitant. The + mockery of the clergy was soon turned into alarm; their + triumph into confusion and despair; and at one burst of his + rapid and overwhelming invective, they fled from the house + in precipitation and terror. As for the father, such was his + surprise, such his amazement, such his rapture, that, + forgetting where he was, and the character which he was + filling, tears of ecstasy streamed down his cheeks, without + the power or inclination to repress them. + + "The jury seem to have been so completely bewildered, that + they lost sight not only of the Act of 1748, but that of + 1758 also; for, thoughtless even of the admitted right of + the plaintiff, they had scarcely left the bar, when they + returned with a verdict of one penny damages. A motion was + made for a new trial; but the court, too, had now lost the + equipoise of their judgment, and overruled the motion by an + unanimous vote. The verdict and judgment overruling the + motion were followed by redoubled acclamations, from within + and without the house. The people, who had with difficulty + kept their hands off their champion from the moment of + closing his harangue, no sooner saw the fate of the cause + finally sealed, than they seized him at the bar; and in + spite of his own exertions, and the continued cry of order + from the sheriffs and the court, they bore him out of the + courthouse, and raising him on their shoulders, carried him + about the yard, in a kind of electioneering triumph."[54] + +At the time when Wirt wrote this rhapsody, he was unable, as he tells +us, to procure from any quarter a rational account of the line of +argument taken by Patrick Henry, or even of any other than a single +topic alluded to by him in the course of his speech,--they who heard +the speech saying "that when it was over, they felt as if they had +just awaked from some ecstatic dream, of which they were unable to +recall or connect the particulars."[55] + +There was present in that assemblage, however, at least one person who +listened to the young orator without falling into an ecstatic dream, +and whose senses were so well preserved to him through it all that he +was able, a few days afterward, while the whole occasion was fresh in +his memory, to place upon record a clear and connected version of the +wonder-working speech. This version is to be found in a letter written +by the plaintiff on the 12th of December, 1763, and has been brought +to light only within recent years. + +After giving, for the benefit of the learned counsel by whom the cause +was to be managed, on appeal, in the general court, a lucid and rather +critical account of the whole proceeding, Maury adds:-- + + "One occurrence more, though not essential to the cause, I + can't help mentioning.... Mr. Henry, mentioned above (who + had been called in by the defendants, as we suspected, to do + what I some time ago told you of), after Mr. Lyons had + opened the cause, rose and harangued the jury for near an + hour. This harangue turned upon points as much out of his + own depth, and that of the jury, as they were foreign from + the purpose,--which it would be impertinent to mention here. + However, after he had discussed those points, he labored to + prove 'that the Act of 1758 had every characteristic of a + good law; that it was a law of general utility, and could + not, consistently with what he called the original compact + between the king and people ... be annulled.' Hence he + inferred, 'that a king, by disallowing acts of this salutary + nature, from being the father of his people, degenerated + into a tyrant, and forfeits all right to his subjects' + obedience.' He further urged 'that the only use of an + established church and clergy in society, is to enforce + obedience to civil sanctions, and the observance of those + which are called duties of imperfect obligation; that when a + clergy ceases to answer these ends, the community have no + further need of their ministry, and may justly strip them of + their appointments; that the clergy of Virginia, in this + particular instance of their refusing to acquiesce in the + law in question, had been so far from answering, that they + had most notoriously counteracted, those great ends of their + institution; that, therefore, instead of useful members of + the state, they ought to be considered as enemies of the + community; and that, in the case now before them, Mr. Maury, + instead of countenance, and protection, and damages, very + justly deserved to be punished with signal severity.' And + then he perorates to the following purpose, 'that excepting + they (the jury) were disposed to rivet the chains of bondage + on their own necks, he hoped they would not let slip the + opportunity which now offered, of making such an example of + him as might, hereafter, be a warning to himself and his + brethren, not to have the temerity, for the future, to + dispute the validity of such laws, authenticated by the only + authority which, in his conception, could give force to laws + for the government of this colony,--the authority of a legal + representative of a council, and of a kind and benevolent + and patriot governor.' You'll observe I do not pretend to + remember his words, but take this to have been the sum and + substance of this part of his labored oration. When he came + to that part of it where he undertook to assert 'that a + king, by annulling or disallowing acts of so salutary a + nature, from being the father of his people, degenerated + into a tyrant, and forfeits all right to his subjects' + obedience,' the more sober part of the audience were struck + with horror. Mr. Lyons called out aloud, and with an honest + warmth, to the Bench, 'that the gentleman had spoken + treason,' and expressed his astonishment, 'that their + worships could hear it without emotion, or any mark of + dissatisfaction.' At the same instant, too, amongst some + gentlemen in the crowd behind me, was a confused murmur of + 'treason, treason!' Yet Mr. Henry went on in the same + treasonable and licentious strain, without interruption from + the Bench, nay, even without receiving the least exterior + notice of their disapprobation. One of the jury, too, was so + highly pleased with these doctrines, that, as I was + afterwards told, he every now and then gave the traitorous + declaimer a nod of approbation. After the court was + adjourned, he apologized to me for what he had said, + alleging that his sole view in engaging in the cause, and in + saying what he had, was to render himself popular. You see, + then, it is so clear a point in this person's opinion that + the ready road to popularity here is to trample under foot + the interests of religion, the rights of the church, and the + prerogatives of the crown."[56] + + +FOOTNOTES: + +[33] Perry, _Hist. Coll._ i. 12. + +[34] Perry, _Hist. Coll._ 316, 317. + +[35] Hening, _Statutes at Large_, vi. 88, 89. + +[36] _Ibid._ vi. 568, 569. + +[37] Perry, _Hist. Coll._ i. 508, 509. + +[38] Hening, _Statutes at Large_, vii. 240, 241. + +[39] Perry, _Hist. Coll._ i. 467, 468. + +[40] As was alleged in Richard Bland's _Letter to the Clergy_, 17. + +[41] Perry, _Hist. Coll._ i. 467. + +[42] _Ibid._ i. 466. + +[43] _Ibid._ i. 465, 466. + +[44] Meade, _Old Families of Virginia_, i. 223. + +[45] In the account here given of these Virginia "option laws," I have +been obliged, by lack of space, to give somewhat curtly the bald +results of rather careful studies which I have made upon the question +in all accessible documents of the period; and I have not been at +liberty to state many things, on both sides of the question, which +would be necessary to a complete discussion of the subject. For +instance, among the motives to be mentioned for the popularity of laws +whose chief effects were to diminish the pay of the established +clergy, should be considered those connected with a growing dissent +from the established church in Virginia, and particularly with the +very human dislike which even churchmen might have to paying in the +form of a compulsory tax what they would have cheerfully paid in the +form of a voluntary contribution. Perhaps the best modern defense of +these laws is by A. H. Everett, in his _Life of Henry_, 230-233; but +his statements seem to be founded on imperfect information. Wirt, +publishing his opinion under the responsibility of his great +professional and official position, affirms that on the whole +question, "the clergy had much the best of the argument." _Life of +Henry,_ 22. + +[46] Perry, _Hist. Coll._ i. 510. + +[47] _Ibid._ i. 513, 514. + +[48] _Ibid._ i. 496, 497. + +[49] Perry, _Hist. Coll._ i. 497. + +[50] Maury, _Mem. of a Huguenot Family_, 419. + +[51] Maury, _Mem. of a Huguenot Family_, 419, 420. + +[52] _Ibid._ 420. + +[53] This cannot be true except in the sense that he had never before +spoken to such an assemblage or in any great cause. + +[54] Wirt, 23-27. + +[55] _Ibid._ 29. + +[56] Maury, _Mem. of a Huguenot Family_, 418-424, where the entire +letter is given in print for the first time. + + + + +CHAPTER V + +FIRST TRIUMPHS AT THE CAPITAL + + +It is not in the least strange that the noble-minded clergyman, who +was the plaintiff in the famous cause of the Virginia parsons, should +have been deeply offended by the fierce and victorious eloquence of +the young advocate on the opposite side, and should have let fall, +with reference to him, some bitter words. Yet it could only be in a +moment of anger that any one who knew him could ever have said of +Patrick Henry that he was disposed "to trample under foot the +interests of religion," or that he had any ill-will toward the church +or its ministers. It is very likely that, in the many irritations +growing out of a civil establishment of the church in his native +colony, he may have shared in feelings that were not uncommon even +among devout churchmen there; but in spite of this, then and always, +to the very end of his life, his most sacred convictions and his +tenderest affections seem to have been on the side of the institutions +and ministers of Christianity, and even of Christianity in its +historic form. Accordingly, both before and after his great speech, he +tried to indicate to the good men whose legal claims it had become +his professional duty to resist, that such resistance must not be +taken by them as implying on his part any personal unkindness. To his +uncle and namesake, the Reverend Patrick Henry, who was even then a +plaintiff in a similar suit, and whom he had affectionately persuaded +not to remain at the courthouse to hear the coming speech against the +pecuniary demands of himself and his order, he said "that the clergy +had not thought him worthy of being retained on their side," and that +"he knew of no moral principle by which he was bound to refuse a fee +from their adversaries."[57] So, too, the conciliatory words, which, +after the trial, he tried to speak to the indignant plaintiff, and +which the latter has reported in the blunt form corresponding to his +own angry interpretation of them, after all may have borne the better +meaning given to them by Bishop Meade, who says that Patrick Henry, in +his apology to Maury, "pleaded as an excuse for his course, that he +was a young lawyer, a candidate for practice and reputation, and +therefore must make the best of his cause."[58] + +These genial efforts at pacification are of rather more than casual +significance: they are indications of character. They mark a distinct +quality of the man's nature, of which he continued to give evidence +during the rest of his life,--a certain sweetness of spirit, which +never deserted him through all the stern conflicts of his career. He +was always a good fighter: never a good hater. He had the brain and +the temperament of an advocate; his imagination and his heart always +kindled hotly to the side that he had espoused, and with his +imagination and his heart always went all the rest of the man; in his +advocacy of any cause that he had thus made his own, he hesitated at +no weapon either of offence or of defence; he struck hard blows--he +spoke hard words--and he usually triumphed; and yet, even in the +paroxysms of the combat, and still more so when the combat was over, +he showed how possible it is to be a redoubtable antagonist without +having a particle of malice. + +Then, too, from this first great scene in his public life, there comes +down to us another incident that has its own story to tell. In all the +roar of talk within and about the courthouse, after the trial was +over, one "Mr. Cootes, merchant of James River," was heard to say that +"he would have given a considerable sum out of his own pocket rather +than his friend Patrick should have been guilty of a crime but little, +if any thing, inferior to that which brought Simon Lord Lovat to the +block,"--adding that Patrick's speech had "exceeded the most seditious +and inflammatory harangues of the Tribunes of Old Rome."[59] Here, +then, thus early in his career, even in this sorrowful and alarmed +criticism on the supposed error of his speech, we find a token of that +loving interest in him and in his personal fate, which even in those +days began to possess the heartstrings of many a Virginian all about +the land, and which thenceforward steadily broadened and deepened into +a sort of popular idolization of him. The mysterious hold which +Patrick Henry came to have upon the people of Virginia is an historic +fact, to be recognized, even if not accounted for. He was to make +enemies in abundance, as will appear; he was to stir up against +himself the alarm of many thoughtful and conservative minds, the +deadly hatred of many an old leader in colonial politics, the deadly +envy of many a younger aspirant to public influence; he was to go on +ruffling the plumage and upsetting the combinations of all sorts of +good citizens, who, from time to time, in making their reckonings +without him, kept finding that they had reckoned without their host. +But for all that, the willingness of this worthy Mr. Cootes of James +River to part with his money, if need be, rather than his friend +Patrick should go far wrong, seems to be one token of the beginning of +that deep and swelling passion of love for him that never abated among +the mass of the people of Virginia so long as Patrick lived, and +perhaps has never abated since. + +It is not hard to imagine the impulse which so astonishing a forensic +success must have given to the professional and political career of +the young advocate. Not only was he immediately retained by the +defendants in all the other suits of the same kind then instituted in +the courts of the colony, but, as his fee-books show, from that hour +his legal practice of every sort received an enormous increase. +Moreover, the people of Virginia, always a warm-hearted people, were +then, to a degree almost inconceivable at the North, sensitive to +oratory, and admirers of eloquent men. The first test by which they +commonly ascertained the fitness of a man for public office, concerned +his ability to make a speech; and it cannot be doubted that from the +moment of Patrick Henry's amazing harangue in the "Parsons' Cause,"--a +piece of oratory altogether surpassing anything ever before heard in +Virginia,--the eyes of men began to fasten upon him as destined to +some splendid and great part in political life. + +During the earlier years of his career, Williamsburg was the capital +of the colony,--the official residence of its governor, the place of +assemblage for its legislature and its highest courts, and, at certain +seasons of the year, the scene of no little vice-regal and provincial +magnificence. + +Thither our Patrick had gone in 1760 to get permission to be a lawyer. +Thither he now goes once more, in 1764, to give some proof of his +quality in the profession to which he had been reluctantly admitted, +and to win for himself the first of a long series of triumphs at the +colonial capital,--triumphs which gave food for wondering talk to all +his contemporaries, and long lingered in the memories of old men. Soon +after the assembling of the legislature, in the fall of 1764, the +committee on privileges and elections had before them the case of +James Littlepage, who had taken his seat as member for the county of +Hanover, but whose right to the seat was contested, on a charge of +bribery and corruption, by Nathaniel West Dandridge. For a day or two +before the hearing of the case, the members of the house had "observed +an ill-dressed young man sauntering in the lobby," apparently a +stranger to everybody, moving "awkwardly about ... with a countenance +of abstraction and total unconcern as to what was passing around him;" +but who, when the committee convened to consider the case of Dandridge +against Littlepage, at once took his place as counsel for the former. +The members of the committee, either not catching his name or not +recalling the association attaching to it from the scene at Hanover +Court House nearly a twelvemonth before, were so affected by his +rustic and ungainly appearance that they treated him with neglect and +even with discourtesy; until, when his turn came to argue the cause of +his client, he poured forth such a torrent of eloquence, and exhibited +with so much force and splendor the sacredness of the suffrage and the +importance of protecting it, that the incivility and contempt of the +committee were turned into admiration.[60] Nevertheless, it appears +from the journals of the House that, whatever may have been the +admiration of the committee for the eloquence of Mr. Dandridge's +advocate, they did not award the seat to Mr. Dandridge. + +Such was Patrick Henry's first contact with the legislature of +Virginia,--a body of which he was soon to become a member, and over +which, in spite of the social prestige, the talents, and the envious +opposition of its old leaders, he was promptly to gain an ascendancy +that constituted him, almost literally, the dictator of its +proceedings, so long as he chose to hold a place in it. On the present +occasion, having finished the somewhat obscure business that had +brought him before the committee, it is probable that he instantly +disappeared from the scene, not to return to it until the following +spring, when he came back to transact business with the House itself. +For, early in May, 1765, a vacancy having occurred in the +representation for the county of Louisa, Patrick Henry, though not +then a resident in that county, was elected as its member. The first +entry to be met with in the journals, indicating his presence in the +House, is that of his appointment, on the 20th of May, as an +additional member of the committee for courts of justice. Between that +date and the 1st of June, when the House was angrily dissolved by the +governor, this young and very rural member contrived to do two or +three quite notable things--things, in fact, so notable that they +conveyed to the people of Virginia the tidings of the advent among +them of a great political leader, gave an historic impulse to the +series of measures which ended in the disruption of the British +Empire, and set his own name a ringing through the world,--not without +lively imputations of treason, and comforting assurances that he was +destined to be hanged. + +The first of these notable things is one which incidentally throws a +rather painful glare on the corruptions of political life in our old +and belauded colonial days. The speaker of the House of Burgesses at +that time was John Robinson, a man of great estate, foremost among all +the landed aristocracy of Virginia. He had then been speaker for about +twenty-five years; for a long time, also, he had been treasurer of the +colony; and in the latter capacity he had been accustomed for many +years to lend the public money, on his own private account, to his +personal and political friends, and particularly to those of them who +were members of the House. This profligate business had continued so +long that Robinson had finally become a defaulter to an enormous +amount; and in order to avert the shame and ruin of an exposure, he +and his particular friends, just before the arrival of Patrick Henry, +had invented a very pretty device, to be called a "public loan +office,"--"from which monies might be lent on public account, and on +good landed security, to individuals," and by which, as was expected, +the debts due to Robinson on the loans which he had been granting +might be "transferred to the public, and his deficit thus completely +covered."[61] Accordingly, the scheme was brought forward under nearly +every possible advantage of influential support. It was presented to +the House and to the public as a measure eminently wise and +beneficial. It was supported in the House by many powerful and +honorable members who had not the remotest suspicion of the corrupt +purpose lying at the bottom of it. Apparently it was on the point of +adoption when, from among the members belonging to the upper counties, +there arose this raw youth, who had only just taken his seat, and who, +without any information respecting the secret intent of the measure, +and equally without any disposition to let the older and statelier +members do his thinking for him, simply attacked it, as a scheme to be +condemned on general principles. From the door of the lobby that day +there stood peering into the Assembly Thomas Jefferson, then a law +student at Williamsburg, who thus had the good luck to witness the +début of his old comrade. "He laid open with so much energy the spirit +of favoritism on which the proposition was founded, and the abuses to +which it would lead, that it was crushed in its birth."[62] He +"attacked the scheme ... in that style of bold, grand, and +overwhelming eloquence for which he became so justly celebrated +afterwards. He carried with him all the members of the upper +counties, and left a minority composed merely of the aristocracy of +the country. From this time his popularity swelled apace; and Robinson +dying four years after, his deficit was brought to light, and +discovered the true object of the proposition."[63] + +But a subject far greater than John Robinson's project for a loan +office was then beginning to weigh on men's minds. Already were +visible far off on the edge of the sky, the first filmy threads of a +storm-cloud that was to grow big and angry as the years went by, and +was to accompany a political tempest under which the British Empire +would be torn asunder, and the whole structure of American colonial +society wrenched from its foundations. Just one year before the time +now reached, news had been received in Virginia that the British +ministry had announced in parliament their purpose to introduce, at +the next session, an act for laying certain stamp duties on the +American colonies. Accordingly, in response to these tidings, the +House of Burgesses, in the autumn of 1764, had taken the earliest +opportunity to send a respectful message to the government of England, +declaring that the proposed act would be deemed by the loyal and +affectionate people of Virginia as an alarming violation of their +ancient constitutional rights. This message had been elaborately drawn +up, in the form of an address to the king, a memorial to the House of +Lords, and a remonstrance to the Commons;[64] the writers being a +committee composed of gentlemen prominent in the legislature, and of +high social standing in the colony, including Landon Carter, Richard +Henry Lee, George Wythe, Edmund Pendleton, Benjamin Harrison, Richard +Bland, and even Peyton Randolph, the king's attorney-general. + +Meantime, to this appeal no direct answer had been returned; instead +of which, however, was received by the House of Burgesses, in May, +1765, about the time of Patrick Henry's accession to that body, a copy +of the Stamp Act itself. What was to be done about it? What was to be +done by Virginia? What was to be done by her sister colonies? Of +course, by the passage of the Stamp Act, the whole question of +colonial procedure on the subject had been changed. While the act was, +even in England, merely a theme for consideration, and while the +colonies were virtually under invitation to send thither their views +upon the subject, it was perfectly proper for colonial pamphleteers +and for colonial legislatures to express, in every civilized form, +their objections to it. But all this was now over. The Stamp Act had +been discussed; the discussion was ended; the act had been decided on; +it had become a law. Criticism upon it now, especially by a +legislative body, was a very different matter from what criticism upon +it had been, even by the same body, a few months before. Then, the +loyal legislature of Virginia had fittingly spoken out, concerning the +contemplated act, its manly words of disapproval and of protest; but +now that the contemplated act had become an adopted act--had become +the law of the land--could that same legislature again speak even +those same words, without thereby becoming disloyal,--without +venturing a little too near the verge of sedition,--without putting +itself into an attitude, at least, of incipient nullification +respecting a law of the general government? + +It is perfectly evident that by all the old leaders of the House at +that moment,--by Peyton Randolph, and Pendleton, and Wythe, and Bland, +and the rest of them,--this question was answered in the negative. +Indeed, it could be answered in no other way. Such being the case, it +followed that, for Virginia and for all her sister colonies, an +entirely new state of things had arisen. A most serious problem +confronted them,--a problem involving, in fact, incalculable +interests. On the subject of immediate concern, they had endeavored, +freely and rightfully, to influence legislation, while that +legislation was in process; but now that this legislation was +accomplished, what were they to do? Were they to submit to it quietly, +trusting to further negotiations for ultimate relief, or were they to +reject it outright, and try to obstruct its execution? Clearly, here +was a very great problem, a problem for statesmanship,--the best +statesmanship anywhere to be had. Clearly this was a time, at any +rate, for wise and experienced men to come to the front; a time, not +for rash counsels, nor for spasmodic and isolated action on the part +of any one colony, but for deliberate and united action on the part of +all the colonies; a time in which all must move forward, or none. But, +thus far, no colony had been heard from: there had not been time. Let +Virginia wait a little. Let her make no mistake; let her not push +forward into any ill-considered and dangerous measure; let her wait, +at least, for some signal of thought or of purpose from her sister +colonies. In the meanwhile, let her old and tried leaders continue to +lead. + +Such, apparently, was the state of opinion in the House of Burgesses +when, on the 29th of May, a motion was made and carried, "that the +House resolve itself into a committee of the whole House, immediately +to consider the steps necessary to be taken in consequence of the +resolutions of the House of Commons of Great Britain, relative to the +charging certain stamp duties in the colonies and plantations in +America."[65] On thus going into committee of the whole, to deliberate +on the most difficult and appalling question that, up to that time, +had ever come before an American legislature, the members may very +naturally have turned in expectation to those veteran politicians and +to those able constitutional lawyers who, for many years, had been +accustomed to guide their deliberations, and who, especially in the +last session, had taken charge of this very question of the Stamp +Act. It will not be hard for us to imagine the disgust, the anger, +possibly even the alarm, with which many may have beheld the floor now +taken, not by Peyton Randolph, nor Richard Bland, nor George Wythe, +nor Edmund Pendleton, but by this new and very unabashed member for +the county of Louisa,--this rustic and clownish youth of the terrible +tongue,--this eloquent but presumptuous stripling, who was absolutely +without training or experience in statesmanship, and was the merest +novice even in the forms of the House. + +For what precise purpose the new member had thus ventured to take the +floor, was known at the moment of his rising by only two other +members,--George Johnston, the member for Fairfax, and John Fleming, +the member for Cumberland. But the measureless audacity of his +purpose, as being nothing less than that of assuming the leadership of +the House, and of dictating the policy of Virginia in this stupendous +crisis of its fate, was instantly revealed to all, as he moved a +series of resolutions, which he proceeded to read from the blank leaf +of an old law book, and which, probably, were as follows:-- + + "_Whereas_, the honorable House of Commons in England have + of late drawn into question how far the General Assembly of + this colony hath power to enact laws for laying of taxes and + imposing duties, payable by the people of this, his + majesty's most ancient colony: for settling and ascertaining + the same to all future times, the House of Burgesses of this + present General Assembly have come to the following + resolves:-- + + "1. _Resolved_, That the first adventurers and settlers of + this, his majesty's colony and dominion, brought with them + and transmitted to their posterity, and all other his + majesty's subjects, since inhabiting in this, his majesty's + said colony, all the privileges, franchises, and immunities + that have at any time been held, enjoyed, and possessed, by + the people of Great Britain. + + "2. _Resolved_, That by two royal charters, granted by king + James the First, the colonists aforesaid are declared + entitled to all the privileges, liberties, and immunities of + denizens and natural born subjects, to all intents and + purposes, as if they had been abiding and born within the + realm of England. + + "3. _Resolved_, That the taxation of the people by + themselves or by persons chosen by themselves to represent + them, who can only know what taxes the people are able to + bear, and the easiest mode of raising them, and are equally + affected by such taxes themselves, is the distinguishing + characteristic of British freedom, and without which the + ancient constitution cannot subsist. + + "4. _Resolved_, That his majesty's liege people of this most + ancient colony have uninterruptedly enjoyed the right of + being thus governed by their own Assembly in the article of + their taxes and internal police, and that the same hath + never been forfeited, or any other way given up, but hath + been constantly recognized by the kings and people of Great + Britain. + + "5. _Resolved_, therefore, That the General Assembly of this + colony have the only and sole exclusive 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. + + "6. _Resolved_, That his majesty's liege people, the + inhabitants of this colony, are not bound to yield obedience + to any law or ordinance whatever, designed to impose any + taxation whatsoever upon them, other than the laws or + ordinances of the General Assembly aforesaid. + + "7. _Resolved_, That any person who shall, by speaking or + writing, assert or maintain that any person or persons, + other than the General Assembly of this colony, have any + right or power to impose or lay any taxation on the people + here, shall be deemed an enemy to his majesty's colony."[66] + +No reader will find it hard to accept Jefferson's statement that the +debate on these resolutions was "most bloody." "They were opposed by +Randolph, Bland, Pendleton, Nicholas, Wythe, and all the old members, +whose influence in the House had till then been unbroken."[67] There +was every reason, whether of public policy or of private feeling, why +the old party leaders in the House should now bestir themselves, and +combine, and put forth all their powers in debate, to check, and if +possible to rout and extinguish, this self-conceited but most +dangerous young man. "Many threats were uttered, and much abuse cast +on me," said Patrick himself, long afterward. Logic, learning, +eloquence, denunciation, derision, intimidation, were poured from all +sides of the House upon the head of the presumptuous intruder; but +alone, or almost alone, he confronted and defeated all his assailants. +"Torrents of sublime eloquence from Mr. Henry, backed by the solid +reasoning of Johnston, prevailed."[68] + +It was sometime in the course of this tremendous fight, extending +through the 29th and 30th of May, that the incident occurred which has +long been familiar among the anecdotes of the Revolution, and which +may be here recalled as a reminiscence not only of his own consummate +mastery of the situation, but of a most dramatic scene in an +epoch-making debate. Reaching the climax of a passage of fearful +invective, on the injustice and the impolicy of the Stamp Act, he said +in tones of thrilling solemnity, "Cćsar had his Brutus; Charles the +First, his Cromwell; and George the Third ['Treason,' shouted the +speaker. 'Treason,' 'treason,' rose from all sides of the room. The +orator paused in stately defiance till these rude exclamations were +ended, and then, rearing himself with a look and bearing of still +prouder and fiercer determination, he so closed the sentence as to +baffle his accusers, without in the least flinching from his own +position,]--and George the Third may profit by their example. If this +be treason, make the most of it."[69] + +Of this memorable struggle nearly all other details have perished with +the men who took part in it. After the House, in committee of the +whole, had, on the 29th of May, spent sufficient time in the +discussion, "Mr. Speaker resumed the chair," says the Journal, "and +Mr. Attorney reported that the said committee had had the said matter +under consideration, and had come to several resolutions thereon, +which he was ready to deliver in at the table. Ordered that the said +report be received to-morrow." It is probable that on the morrow the +battle was renewed with even greater fierceness than before. The +Journal proceeds: "May 30. Mr. Attorney, from the committee of the +whole House, reported according to order, that the committee had +considered the steps necessary to be taken in consequence of the +resolutions of the House of Commons of Great Britain, relative to the +charging certain stamp duties in the colonies and plantations in +America, and that they had come to several resolutions thereon, which +he read in his place and then delivered at the table; when they were +again twice read, and agreed to by the House, with some amendments." +Then were passed by the House, probably, the first five resolutions as +offered by Henry in the committee, but "passed," as he himself +afterward wrote, "by a very small majority, perhaps of one or two +only." + +Upon this final discomfiture of the old leaders, one of their number, +Peyton Randolph, swept angrily out of the house, and brushing past +young Thomas Jefferson, who was standing in the door of the lobby, he +swore, with a great oath, that he "would have given five hundred +guineas for a single vote."[70] On the afternoon of that day, Patrick +Henry, knowing that the session was practically ended, and that his +own work in it was done, started for his home. He was seen "passing +along Duke of Gloucester Street, ... wearing buckskin breeches, his +saddle bags on his arm, leading a lean horse, and chatting with Paul +Carrington, who walked by his side."[71] + +That was on the 30th of May. The next morning, the terrible Patrick +being at last quite out of the way, those veteran lawyers and +politicians of the House, who had found this young protagonist alone +too much for them all put together, made bold to undo the worst part +of the work he had done the day before; they expunged the fifth +resolution. In that mutilated form, without the preamble, and with the +last three of the original resolutions omitted, the first four then +remained on the journal of the House as the final expression of its +official opinion. Meantime, on the wings of the wind, and on the eager +tongues of men, had been borne, past recall, far northward and far +southward, the fiery unchastised words of nearly the entire series, to +kindle in all the colonies a great flame of dauntless purpose;[72] +while Patrick himself, perhaps then only half conscious of the fateful +work he had just been doing, travelled homeward along the dusty +highway, at once the jolliest, the most popular, and the least +pretentious man in all Virginia, certainly its greatest orator, +possibly even its greatest statesman. + + +FOOTNOTES: + +[57] Wirt, 24. + +[58] Meade, _Old Families and Churches of Va._ i. 220. + +[59] Maury, _Mem. of a Huguenot Fam._ 423. + +[60] Wirt, 39-41. + +[61] Mem. by Jefferson, in _Hist. Mag._ for 1867, 91. + +[62] Jefferson's _Works_, vi. 365. + +[63] Mem. by Jefferson, in _Hist. Mag._ for 1867, 91. + +[64] These documents are given in full in the Appendix to Wirt's _Life +of Henry_, as Note A. + +[65] _Jour. Va. House of Burgesses._ + +[66] Of this famous series of resolutions, the first five are here +given precisely as they are given in Patrick Henry's own certified +copy still existing in manuscript, and in the possession of Mr. W. W. +Henry; but as that copy evidently contains only that portion of the +series which was reported from the committee of the whole, and was +adopted by the House, I have here printed also what I believe to have +been the preamble, and the last two resolutions in the series as first +drawn and introduced by Patrick Henry. For this portion of the series, +I depend on the copy printed in the _Boston Gazette_, for July 1, +1765, and reprinted in R. Frothingham, _Rise of the Republic_, 180 +note. In Wirt's _Life of Henry_, 56-59, is a transcript of the first +five resolutions as given in Henry's handwriting: but it is inaccurate +in two places. + +[67] Mem. by Jefferson, in _Hist. Mag._ for 1867, 91. + +[68] Mem. by Jefferson, in _Hist. Mag._ for 1867, 91. Henry was aided +in this debate by Robert Munford, also, and by John Fleming: W. W. +Henry, _Life, Corr. and Speeches of P. Henry_, i. 82_n._ + +[69] For this splendid anecdote we are indebted to Judge John Tyler, +who, then a youth of eighteen, listened to the speech as he stood in +the lobby by the side of Jefferson. Edmund Randolph, in his _History +of Virginia_, still in manuscript, has a somewhat different version of +the language of the orator, as follows: "'Cćsar had his Brutus, +Charles the First, his Cromwell, and George the Third'--'Treason, +Sir,' exclaimed the Speaker; to which Mr. Henry instantly replied, +'and George the Third, may he never have either.'" The version +furnished by John Tyler is, of course, the more effective and +characteristic; and as Tyler actually heard the speech, and as, +moreover, his account is confirmed by Jefferson who also heard it, his +account can hardly be set aside by that of Randolph who did not hear +it, and was indeed but a boy of twelve at the time it was made. L. G. +Tyler, _Letters and Times of the Tylers_, i. 56; Wirt, 65. + +[70] Mem. by Jefferson, _Hist. Mag._ for 1867, 91. + +[71] Campbell, _Hist. Va._ 542. + +[72] The subject of the Virginia resolutions presents several +difficulties which I have not thought it best to discuss in the text, +where I have given merely the results of my own rather careful and +repeated study of the question. In brief, my conclusion is this: That +the series as given above, consisting of a preamble and seven +resolutions, is the series as originally prepared by Patrick Henry, +and introduced by him on Wednesday, May 29, in the committee of the +whole, and probably passed by the committee on that day; that at once, +without waiting for the action of the House upon the subject, copies +of the series got abroad, and were soon published in the newspapers of +the several colonies, as though actually adopted by the House; that on +Thursday, May 30, the series was cut down in the House by rejection of +the preamble and the resolutions 6 and 7, and by the adoption of only +the first five as given above; that on the day after that, when +Patrick Henry had gone home, the House still further cut down the +series by expunging the resolution which is above numbered as 5: and +that, many years afterwards, when Patrick Henry came to prepare a copy +for transmission to posterity, he gave the resolutions just as they +stood when adopted by the House on May 30, and not as they stood when +originally introduced by him in committee of the whole on the day +before, nor as they stood when mutilated by the cowardly act of the +House on the day after. It will be noticed, therefore, that the +so-called resolutions of Virginia, which were actually published and +known to the colonies in 1765, and which did so much to fire their +hearts, were not the resolutions as adopted by the House, but were the +resolutions as first introduced, and probably passed, in committee of +the whole; and that even this copy of them was inaccurately given, +since it lacked the resolution numbered above as 3, probably owing to +an error in the first hurried transcription of them. Those who care to +study the subject further will find the materials in _Prior +Documents_, 6, 7; Marshall, _Life of Washington_, i. note iv.; +Frothingham, _Rise of the Republic_, 180 note; Gordon, _Hist. Am. +Rev._, i. 129-139; _Works of Jefferson_, vi. 366, 367; Wirt, _Life of +Henry_, 56-63; Everett, _Life of Henry_, 265-273, with important note +by Jared Sparks in Appendix, 391-398. It may be mentioned that the +narrative given in Burk, _Hist. Va._, iii. 305-310, is untrustworthy. + + + + +CHAPTER VI + +CONSEQUENCES + + +Seldom has a celebrated man shown more indifference to the +preservation of the records and credentials of his career than did +Patrick Henry. While some of his famous associates in the Revolution +diligently kept both the letters they received, and copies of the +letters they wrote, and made, for the benefit of posterity, careful +memoranda concerning the events of their lives, Patrick Henry did none +of these things. Whatever letters he wrote, he wrote at a dash, and +then parted with them utterly; whatever letters were written to him, +were invariably handed over by him to the comfortable custody of luck; +and as to the correct historic perpetuation of his doings, he seems +almost to have exhausted his interest in each one of them so soon as +he had accomplished it, and to have been quite content to leave to +other people all responsibility for its being remembered correctly, or +even remembered at all. + +To this statement, however, a single exception has to be made. It +relates to the great affair described in the latter part of the +previous chapter. + +Of course, it was perceived at the time that the passing of the +Virginia resolutions against the Stamp Act was a great affair; but +just how great an affair it was, neither Patrick Henry nor any other +mortal man could tell until years had gone by, and had unfolded the +vast sequence of world-resounding events, in which that affair was +proved to be a necessary factor. It deserves to be particularly +mentioned that, of all the achievements of his life, the only one +which he has taken the pains to give any account of is his authorship +of the Virginia resolutions, and his successful championship of them. +With reference to this achievement, the account he gave of it was +rendered with so much solemnity and impressiveness as to indicate +that, in the final survey of his career, he regarded this as the one +most important thing he ever did. But before we cite the words in +which he thus indicated this judgment, it will be well for us to +glance briefly at the train of historic incidents which now set forth +the striking connection between that act of Patrick Henry and the +early development of that intrepid policy which culminated in American +independence. + +It was on the 29th of May, 1765, as will be remembered, that Patrick +Henry moved in the committee of the whole the adoption of his series +of resolutions against the Stamp Act; and before the sun went down +that day, the entire series, as is probable, was adopted by the +committee. On the following day, the essential portion of the series +was adopted, likewise, by the House. But what was the contemporary +significance of these resolutions? As the news of them swept from +colony to colony, why did they so stir men's hearts to excitement, and +even to alarm? It was not that the language of those resolutions was +more radical or more trenchant than had been the language already used +on the same subject, over and over again, in the discussions of the +preceding twelve months. It was that, in the recent change of the +political situation, the significance of that language had changed. +Prior to the time referred to, whatever had been said on the subject, +in any of the colonies, had been said for the purpose of dissuading +the government from passing the Stamp Act. But the government had now +passed the Stamp Act; and, accordingly, these resolutions must have +been meant for a very different purpose. They were a virtual +declaration of resistance to the Stamp Act; a declaration of +resistance made, not by an individual writer, nor by a newspaper, but +by the legislature of a great colony; and, moreover, they were the +very first declaration of resistance which was so made.[73] + +This it is which gives us the contemporary key to their significance, +and to the vast excitement produced by them, and to the enormous +influence they had upon the trembling purposes of the colonists at +that precise moment. Hence it was, as a sagacious writer of that +period has told us, that merely upon the adoption of these resolves by +the committee of the whole, men recognized their momentous bearing, +and could not be restrained from giving publicity to them, without +waiting for their final adoption by the House. "A manuscript of the +unrevised resolves," says William Gordon, "soon reached Philadelphia, +having been sent off immediately upon their passing, that the earliest +information of what had been done might be obtained by the Sons of +Liberty.... At New York the resolves were handed about with great +privacy: they were accounted so treasonable, that the possessors of +them declined printing them in that city." But a copy of them having +been procured with much difficulty by an Irish gentleman resident in +Connecticut, "he carried them to New England, where they were +published and circulated far and wide in the newspapers, without any +reserve, and proved eventually the occasion of those disorders which +afterward broke out in the colonies.... The Virginia resolutions gave +a spring to all the disgusted; and they began to adopt different +measures."[74] + +But while the tidings of these resolutions were thus moving toward New +England, and before they had arrived there, the assembly of the great +colony of Massachusetts had begun to take action. Indeed, it had first +met on the very day on which Patrick Henry had introduced his +resolutions into the committee of the whole at Williamsburg. On the +8th of June, it had resolved upon a circular letter concerning the +Stamp Act, addressed to all the sister colonies, and proposing that +all should send delegates to a congress to be held at New York, on the +first Tuesday of the following October, to deal with the perils and +duties of the situation. This circular letter at once started upon its +tour. + +The first reception of it, however, was discouraging. From the speaker +of the New Jersey assembly came the reply that the members of that +body were "unanimously against uniting on the present occasion;" and +for several weeks thereafter, "no movement appeared in favor of the +great and wise measure of convening a congress." At last, however, the +project of Massachusetts began to feel the accelerating force of a +mighty impetus. The Virginia resolutions, being at last divulged +throughout the land, "had a marked effect on public opinion." They +were "heralded as the voice of a colony.... The fame of the resolves +spread as they were circulated in the journals.... The Virginia +action, like an alarum, roused the patriots to pass similar +resolves.[75] "On the 8th of July, "The Boston Gazette" uttered this +most significant sentence: "The people of Virginia have spoken very +sensibly, and the frozen politicians of a more northern government say +they have spoken treason."[76] On the same day, in that same town of +Boston, an aged lawyer and patriot[77] lay upon his death bed; and in +his admiration for the Virginians on account of these resolves, he +exclaimed, "They are men; they are noble spirits."[78] On the 13th of +August, the people of Providence instructed their representatives in +the legislature to vote in favor of the congress, and to procure the +passage of a series of resolutions in which were incorporated those of +Virginia.[79] On the 15th of August, from Boston, Governor Bernard +wrote home to the ministry: "Two or three months ago, I thought that +this people would submit to the Stamp Act. Murmurs were indeed +continually heard; but they seemed to be such as would die away. But +the publishing of the Virginia resolves proved an alarm bell to the +disaffected."[80] On the 23d of September, General Gage, the commander +of the British forces in America, wrote from New York to Secretary +Conway that the Virginia resolves had given "the signal for a general +outcry over the continent."[81] And finally, in the autumn of 1774, an +able loyalist writer, looking back over the political history of the +colonies from the year of the Stamp Act, singled out the Virginia +resolves as the baleful cause of all the troubles that had then come +upon the land. "After it was known," said he, "that the Stamp Act was +passed, some resolves of the House of Burgesses in Virginia, denying +the right of Parliament to tax the colonies, made their appearance. We +read them with wonder; they savored of independence; they flattered +the human passions; the reasoning was specious; we wished it +conclusive. The transition to believing it so was easy; and we, and +almost all America, followed their example, in resolving that +Parliament had no such right."[82] + +All these facts, and many more that might be produced, seem to point +to the Virginia resolutions of 1765 as having come at a great primary +crisis of the Revolution,--a crisis of mental confusion and +hesitation,--and as having then uttered, with trumpet voice, the very +word that was fitted to the hour, and that gave to men's minds +clearness of vision, and to their hearts a settled purpose. It must +have been in the light of such facts as these that Patrick Henry, in +his old age, reviewing his own wonderful career, determined to make a +sort of testamentary statement concerning his relation to that single +transaction,--so vitally connected with the greatest epoch in American +history. + +Among the papers left by him at his death was one significantly placed +by the side of his will, carefully sealed, and bearing this +superscription: "Inclosed are the resolutions of the Virginia Assembly +in 1765, concerning the Stamp Act. Let my executors open this paper." +On opening the document, his executors found on one side of the sheet +the first five resolutions in the famous series introduced by him; and +on the other side, these weighty words:-- + + The within resolutions passed the House of Burgesses in May, + 1765. They formed the first opposition to the Stamp Act, and + the scheme of taxing America by the British parliament. All + the colonies, either through fear, or want of opportunity to + form an opposition, or from influence of some kind or other, + had remained silent. I had been for the first time elected a + Burgess a few days before; was young, inexperienced, + unacquainted with the forms of the House, and the members + that composed it. Finding the men of weight averse to + opposition, and the commencement of the tax at hand, and + that no person was likely to step forth, I determined to + venture; and alone, unadvised, and unassisted, on a blank + leaf of an old law book, wrote the within.[83] Upon + offering them to the House, violent debates ensued. Many + threats were uttered, and much abuse cast on me by the party + for submission. After a long and warm contest, the + resolutions passed by a very small majority, perhaps of one + or two only. The alarm spread throughout America with + astonishing quickness, and the ministerial party were + overwhelmed. The great point of resistance to British + taxation was universally established in the colonies. This + brought on the war, which finally separated the two + countries, and gave independence to ours. + + Whether this will prove a blessing or a curse, will depend + upon the use our people make of the blessings which a + gracious God hath bestowed on us. If they are wise, they + will be great and happy. If they are of a contrary + character, they will be miserable. Righteousness alone can + exalt them as a nation. + + Reader! whoever thou art, remember this; and in thy sphere + practice virtue thyself, and encourage it in others. + + P. HENRY.[84] + +But while this renowned act in Patrick Henry's life had consequences +so notable in their bearing on great national and international +movements, it is interesting to observe, also, its immediate effects +on his own personal position in the world, and on the development of +his career. We can hardly be surprised to find, on the one hand, that +his act gave deep offence to one very considerable class of persons in +Virginia,--the official representatives of the English government, and +their natural allies, those thoughtful and conscientious colonists +who, by temperament and conviction, were inclined to lay a heavy +accent on the principle of civil authority and order. Of course, as +the official head of this not ignoble class, stood Francis Fauquier, +the lieutenant-governor of the colony; and his letter to the lords of +trade, written from Williamsburg a few days after the close of the +session, contains a striking narrative of this stormy proceeding, and +an almost amusing touch of official undervaluation of Patrick Henry: +"In the course of the debate, I have heard that very indecent language +was used by a Mr. Henry, a young lawyer, who had not been above a +month a member of the House, and who carried all the young members +with him."[85] But a far more specific and intense expression of +antipathy came, a few weeks later, from the Reverend William Robinson, +the colonial commissary of the Bishop of London. Writing, on the 12th +of August, to his metropolitan, he gave an account of Patrick Henry's +very offensive management of the cause against the parsons, before +becoming a member of the House of Burgesses; and then added:-- + + "He has since been chosen a representative for one of the + counties, in which character he has lately distinguished + himself in the House of Burgesses on occasion of the arrival + of an act of Parliament for stamp duties, while the Assembly + was sitting. He blazed out in a violent speech against the + authority of Parliament and the king, comparing his majesty + to a Tarquin, a Cćsar, and a Charles the First, and not + sparing insinuations that he wished another Cromwell would + arise. He made a motion for several outrageous resolves, + some of which passed and were again erased as soon as his + back was turned.... Mr. Henry, the hero of whom I have been + writing, is gone quietly into the upper parts of the country + to recommend himself to his constituents by spreading + treason and enforcing firm resolutions against the authority + of the British Parliament."[86] + +Such was Patrick Henry's introduction to the upper spheres of English +society,--spheres in which his name was to become still better known +as time rolled on, and for conduct not likely to efface the impression +of this bitter beginning. + +As to his reputation in the colonies outside of Virginia, doubtless +the progress of it, during this period, was slow and dim; for the +celebrity acquired by the resolutions of 1765 attached to the colony +rather than to the person. Moreover, the boundaries of each colony, in +those days, were in most cases the boundaries likewise of the personal +reputations it cherished. It was not until Patrick Henry came +forward, in the Congress of 1774, upon an arena that may be called +national, that his name gathered about it the splendor of a national +fame. Yet, even before 1774, in the rather dull and ungossiping +newspapers of that time, and in the letters and diaries of its public +men, may be discovered an occasional allusion showing that already his +name had broken over the borders of Virginia, had traveled even so far +as to New England, and that in Boston itself he was a person whom +people were beginning to talk about. For example, in his Diary for the +22d of July, 1770, John Adams speaks of meeting some gentlemen from +Virginia, and of going out to Cambridge with them. One of them is +mentioned by name as having this distinction,--that he "is an intimate +friend of Mr. Patrick Henry, the first mover of the Virginia resolves +in 1765."[87] Thus, even so early, the incipient revolutionist in New +England had got his thoughts on his brilliant political kinsman in +Virginia. + +But it was chiefly within the limits of his own splendid and gallant +colony, and among an eager and impressionable people whose habitual +hatred of all restraints turned into undying love for this dashing +champion of natural liberty, that Patrick Henry was now instantly +crowned with his crown of sovereignty. By his resolutions against the +Stamp Act, as Jefferson testifies, "Mr. Henry took the lead out of the +hands of those who had heretofore guided the proceedings of the +House, that is to say, of Pendleton, Wythe, Bland, Randolph, and +Nicholas."[88] Wirt does not put the case too strongly when he +declares, that "after this debate there was no longer a question among +the body of the people, as to Mr. Henry's being the first statesman +and orator in Virginia. Those, indeed, whose ranks he had scattered, +and whom he had thrown into the shade, still tried to brand him with +the names of declaimer and demagogue. But this was obviously the +effect of envy and mortified pride.... From the period of which we +have been speaking, Mr. Henry became the idol of the people of +Virginia."[89] + + +FOOTNOTES: + +[73] See this view supported by Wirt, in his life by Kennedy, ii. 73. + +[74] Gordon, _Hist. of Am. Rev._ i. 131. + +[75] Frothingham, _Rise of the Republic_, 178-181. + +[76] Cited in Frothingham, 181. + +[77] Oxenbridge Thacher. + +[78] _Works of John Adams_, x. 287. + +[79] Frothingham, 181. + +[80] Cited by Sparks, in Everett, _Life of Henry_, 396. + +[81] Frothingham, _Rise of the Republic_, 181. + +[82] Daniel Leonard, in _Novanglus and Massachusettensis_, 147, 148. + +[83] As the historic importance of the Virginia resolutions became +more and more apparent, a disposition was manifested to deny to +Patrick Henry the honor of having written them. As early as 1790, +Madison, between whom and Henry there was nearly always a sharp +hostility, significantly asked Edmund Pendleton to tell him "where the +resolutions proposed by Mr. Henry really originated." _Letters and +Other Writings of Madison_, i. 515. Edmund Randolph is said to have +asserted that they were written by William Fleming; a statement of +which Jefferson remarked, "It is to me incomprehensible." _Works_, vi. +484. But to Jefferson's own testimony on the same subject, I would +apply the same remark. In his Memorandum, he says without hesitation +that the resolutions "were drawn up by George Johnston, a lawyer of +the Northern Neck, a very able, logical, and correct speaker." _Hist. +Mag._ for 1867, 91. But in another paper, written at about the same +time, Jefferson said: "I can readily enough believe these resolutions +were written by Mr. Henry himself. They bear the stamp of his mind, +strong, without precision. That they were written by Johnston, who +seconded them, was only the rumor of the day, and very possibly +unfounded." _Works_, vi. 484. In the face of all this tissue of rumor, +guesswork, and self-contradiction, the deliberate statement of Patrick +Henry himself that he wrote the five resolutions referred to by him, +and that he wrote them "alone, unadvised, and unassisted," must close +the discussion. + +[84] Verified from the original manuscript, now in possession of Mr. +W. W. Henry. + +[85] Cited by Sparks, in Everett, _Life of Henry_, 392. + +[86] Perry, _Hist. Coll._ i. 514, 515. + +[87] _Works of John Adams_, ii. 249. + +[88] _Works of Jefferson_, vi. 368. + +[89] _Life of Henry_, 66. + + + + +CHAPTER VII + +STEADY WORK + + +From the close of Patrick Henry's first term in the Virginia House of +Burgesses, in the spring of 1765, to the opening of his first term in +the Continental Congress, in the fall of 1774, there stretches a +period of about nine years, which, for the purposes of our present +study, may be rapidly glanced at and passed by. + +In general, it may be described as a period during which he had +settled down to steady work, both as a lawyer and as a politician. The +first five years of his professional life had witnessed his advance, +as we have seen, by strides which only genius can make, from great +obscurity to great distinction; his advance from a condition of +universal failure to one of success so universal that his career may +be said to have become within that brief period solidly established. +At the bar, upon the hustings, in the legislature, as a master of +policies, as a leader of men, he had already proved himself to be, of +his kind, without a peer in all the colony of Virginia,--a colony +which was then the prolific mother of great men. With him, therefore, +the period of training and of tentative struggle had passed: the +period now entered upon was one of recognized mastership and of +assured performance, along lines certified by victories that came +gayly, and apparently at his slightest call. + +We note, at the beginning of this period, an event indicating +substantial prosperity in his life: he acquires the visible dignity of +a country-seat. Down to the end of 1763, and probably even to the +summer of 1765, he had continued to live in the neighborhood of +Hanover Court House. After coming back from his first term of service +in the House of Burgesses, where he had sat as member for the county +of Louisa, he removed his residence into that county, and established +himself there upon an estate called Roundabout, purchased by him of +his father. In 1768 he returned to Hanover, and in 1771 he bought a +place in that county called Scotch Town, which continued to be his +seat until shortly after the Declaration of Independence, when, having +become governor of the new State of Virginia, he took up his residence +at Williamsburg, in the palace long occupied by the official +representatives of royalty. + +For the practice of his profession, the earlier portion of this period +was perhaps not altogether unfavorable. The political questions then +in debate were, indeed, exciting, but they had not quite reached the +ultimate issue, and did not yet demand from him the complete surrender +of his life. Those years seem to have been marked by great +professional activity on his part, and by considerable growth in his +reputation, even for the higher and more difficult work of the law. Of +course, as the vast controversy between the colonists and Great +Britain grew in violence, all controversies between one colonist and +another began to seem petty, and to be postponed; even the courts +ceased to meet with much regularity, and finally ceased to meet at +all; while Patrick Henry himself, forsaking his private concerns, +became entirely absorbed in the concerns of the public. + +The fluctuations in his engagements as a lawyer, during all these +years, may be traced with some certainty by the entries in his +fee-books. For the year 1765, he charges fees in 547 cases; for 1766, +in 114 cases; for 1767, in 554 cases; for 1768, in 354 cases. With the +next year there begins a great falling off in the number of his cases; +and the decline continues till 1774, when, in the convulsions of the +time, his practice stops altogether. Thus, for 1769, there are +registered 132 cases; for 1770, 94 cases; for 1771, 102 cases; for +1772, 43 cases; for 1773, 7 cases; and for 1774, none.[90] + +The character of the professional work done by him during this period +deserves a moment's consideration. Prior to 1769, he had limited +himself to practice in the courts of the several counties. In that +year he began to practice in the general court,--the highest court in +the colony,--where of course were tried the most important and +difficult causes, and where thenceforward he had constantly to +encounter the most learned and acute lawyers at the bar, including +such men as Pendleton, Wythe, Blair, Mercer, John Randolph, Thompson +Mason, Thomas Jefferson, and Robert C. Nicholas.[91] + +There could never have been any doubt of his supreme competency to +deal with such criminal causes as he had to manage in that court or in +any other; and with respect to the conduct of other than criminal +causes, all purely contemporaneous evidence, now to be had, implies +that he had not ventured to present himself before the higher +tribunals of the land until he had qualified himself to bear his part +there with success and honor. Thus, the instance may be mentioned of +his appearing in the Court of Admiralty, "in behalf of a Spanish +captain, whose vessel and cargo had been libeled. A gentleman who was +present, and who was very well qualified to judge, was heard to +declare, after the trial was over, that he never heard a more eloquent +or argumentative speech in his life; that Mr. Henry was on that +occasion greatly superior to Mr. Pendleton, Mr. Mason, or any other +counsel who spoke to the subject; and that he was astonished how Mr. +Henry could have acquired such a knowledge of the maritime law, to +which it was believed he had never before turned his attention."[92] +Moreover, in 1771, just two years from the time when Patrick Henry +began practice in the General Court, Robert C. Nicholas, then a +veteran member of the profession, "who had enjoyed the first practice +at the bar," had occasion to retire, and began looking about among the +younger men for some competent lawyer to whom he might safely intrust +the unfinished business of his clients. He first offered his practice +to Thomas Jefferson, who, however, was compelled to decline it. +Afterward, he offered it to Patrick Henry, who accepted it; and +accordingly, by public advertisement, Nicholas informed his clients +that he had committed to Patrick Henry the further protection of their +interests,[93]--a perfectly conclusive proof, it should seem, of the +real respect in which Patrick Henry's qualifications as a lawyer were +then held, not only by the public but by the profession. Certainly +such evidence as this can hardly be set aside by the supposed +recollections of one old gentleman, of broken memory and unbroken +resentment, who long afterward tried to convince Wirt that, even at +the period now in question, Patrick Henry was "wofully deficient as a +lawyer," was unable to contend with his associates "on a mere question +of law," and was "so little acquainted with the fundamental principles +of his profession ... as not to be able to see the remote bearings of +the reported cases."[94] The expressions here quoted are, apparently, +Wirt's own paraphrase of the statements which were made to him by +Jefferson, and which, in many of their details, can now be proved, on +documentary evidence, to be the work of a hand that had forgot, not +indeed its cunning, but at any rate its accuracy. + +As to the political history of Patrick Henry during this period, it +may be easily described. The doctrine on which he had planted himself +by his resolutions in 1765, namely, that the parliamentary taxation of +unrepresented colonies is unconstitutional, became the avowed doctrine +of Virginia, and of all her sister colonies; and nearly all the men +who, in the House of Burgesses, had, for reasons of propriety, or of +expediency, or of personal feeling, opposed the passage of his +resolutions, soon took pains to make it known to their constituents +that their opposition had not been to the principle which those +resolutions expressed. Thenceforward, among the leaders in Virginian +politics, there was no real disagreement on the fundamental question; +only such disagreement touching methods as must always occur between +spirits who are cautious and spirits who are bold. Chief among the +former were Pendleton, Wythe, Bland, Peyton Randolph, and Nicholas. In +the van of the latter always stood Patrick Henry, and with him +Jefferson, Richard Henry Lee, the Pages, and George Mason. But between +the two groups, after all, was surprising harmony, which is thus +explained by one who in all that business had a great part and who +never was a laggard:-- + + "Sensible, however, of the importance of unanimity among + our constituents, although we often wished to have gone + faster, we slackened our pace, that our less ardent + colleagues might keep up with us; and they, on their part, + differing nothing from us in principle, quickened their gait + somewhat beyond that which their prudence might of itself + have advised, and thus consolidated the phalanx which + breasted the power of Britain. By this harmony of the bold + with the cautious, we advanced with our constituents in + undivided mass, and with fewer examples of separation than, + perhaps, existed in any other part of the union."[95] + +All deprecated a quarrel with Great Britain; all deprecated as a +boundless calamity the possible issue of independence; all desired to +remain in loyal, free, and honorable connection with the British +empire; and against the impending danger of an assault upon the +freedom, and consequently the honor, of this connection, all stood on +guard. + +One result, however, of this practical unanimity among the leaders in +Virginia was the absence, during all this period, of those impassioned +and dramatic conflicts in debate, which would have called forth +historic exhibitions of Patrick Henry's eloquence and of his gifts for +conduct and command. He had a leading part in all the counsels of the +time; he was sent to every session of the House of Burgesses; he was +at the front in all local committees and conventions; he was made a +member of the first Committee of Correspondence; and all these +incidents in this portion of his life culminated in his mission as one +of the deputies from Virginia to the first Continental Congress. + +Without here going into the familiar story of the occasion and +purposes of the Congress of 1774, we may briefly indicate Patrick +Henry's relation to the events in Virginia which immediately preceded +his appointment to that renowned assemblage. On the 24th of May, 1774, +the House of Burgesses, having received the alarming news of the +passage of the Boston Port Bill, designated the day on which that bill +was to take effect--the first day of June--"as a day of fasting, +humiliation, and prayer, devoutly to implore the Divine interposition +for averting the heavy calamity which threatens destruction to our +civil rights, and the evils of civil war; to give us one heart and one +mind firmly to oppose, by all just and proper means, every injury to +American rights; and that the minds of his majesty and his parliament +may be inspired from above with wisdom, moderation, and justice, to +remove from the loyal people of America all cause of danger, from a +continued pursuit of measures pregnant with their ruin."[96] Two days +afterward, the governor, Lord Dunmore, having summoned the House to +the council chamber, made to them this little speech:-- + + "Mr. Speaker and gentlemen of the House of Burgesses, I have + in my hand a paper published by order of your House, + conceived in such terms as reflect highly upon his majesty + and the Parliament of Great Britain, which makes it + necessary for me to dissolve you, and you are dissolved + accordingly."[97] + +At ten o'clock on the following day, May 27, the members of the late +House met by agreement at the Raleigh Tavern, and there promptly +passed a nobly-worded resolution, deploring the policy pursued by +Parliament and suggesting the establishment of an annual congress of +all the colonies, "to deliberate on those general measures which the +united interests of America may from time to time require."[98] + +During the anxious days and nights immediately preceding the +dissolution of the House, its prominent members held many private +conferences with respect to the course to be pursued by Virginia. In +all these conferences, as we are told, "Patrick Henry was the +leader;"[99] and a very able man, George Mason, who was just then a +visitor at Williamsburg, and was admitted to the consultations of the +chiefs, wrote at the time concerning him: "He is by far the most +powerful speaker I ever heard.... But his eloquence is the smallest +part of his merit. He is, in my opinion, the first man upon this +continent, as well in abilities as public virtues."[100] + +In response to a recommendation made by leading members of the recent +House of Burgesses, a convention of delegates from the several +counties of Virginia assembled at Williamsburg, on August 1, 1774, to +deal with the needs of the hour, and especially to appoint deputies to +the proposed congress at Philadelphia. The spirit in which this +convention transacted its business is sufficiently shown in the +opening paragraphs of the letter of instructions which it gave to the +deputies whom it sent to the congress:-- + + "The unhappy disputes between Great Britain and her American + colonies, which began about the third year of the reign of + his present majesty, and since, continually increasing, have + proceeded to lengths so dangerous and alarming as to excite + just apprehensions in the minds of his majesty's faithful + subjects of this colony that they are in danger of being + deprived of their natural, ancient, constitutional, and + chartered rights, have compelled them to take the same into + their most serious consideration; and being deprived of + their usual and accustomed mode of making known their + grievances, have appointed us their representatives, to + consider what is proper to be done in this dangerous crisis + of American affairs. + + "It being our opinion that the united wisdom of North + America should be collected in a general congress of all the + colonies, we have appointed the honorable Peyton Randolph, + Esquire, Richard Henry Lee, George Washington, Patrick + Henry, Richard Bland, Benjamin Harrison, and Edmund + Pendleton, Esquires, deputies to represent this colony in + the said congress, to be held at Philadelphia on the first + Monday in September next. And that they may be the better + informed of our sentiments touching the conduct we wish them + to observe on this important occasion, we desire that they + will express, in the first place, our faith and true + allegiance to his majesty King George the Third, our lawful + and rightful sovereign; and that we are determined, with our + lives and fortunes, to support him in the legal exercise of + all his just rights and prerogatives; and however + misrepresented, we sincerely approve of a constitutional + connection with Great Britain, and wish most ardently a + return of that intercourse of affection and commercial + connection that formerly united both countries; which can + only be effected by a removal of those causes of discontent + which have of late unhappily divided us.... The power + assumed by the British Parliament to bind America by their + statutes, in all cases whatsoever, is unconstitutional, and + the source of these unhappy differences."[101] + +The convention at Williamsburg, of which, of course, Patrick Henry was +a member, seems to have adjourned on Saturday, the 6th of August. +Between that date and the time for his departure to attend the +congress at Philadelphia, we may imagine him as busily engaged in +arranging his affairs for a long absence from home, and even then as +not getting ready to begin the long journey until many of his +associates had nearly reached the end of it. + + +FOOTNOTES: + +[90] MS. + +[91] Wirt, 70, 71. + +[92] Wirt, 71, 72. + +[93] Randall, _Life of Jefferson_, i. 49; Wirt, 77. + +[94] Wirt, 71. + +[95] Jefferson's _Works_, vi. 368. + +[96] 4 _Am. Arch._ i. 350. + +[97] Campbell, _Hist. Va._ 573. + +[98] 4 _Am. Arch._ i. 350, 351. The narrative of these events as given +by Wirt and by Campbell has several errors. They seem to have been +misled by Jefferson, who, in his account of the business (_Works_, i. +122, 123), is, if possible, rather more inaccurate than usual. + +[99] Campbell, _Hist. Va._ 573. + +[100] Mason to Martin Cockburn, _Va. Hist. Reg._ iii. 27-29. + +[101] The full text of this letter of instructions is given in 4 _Am. +Arch._ i. 689, 690. With this should be compared note C. in +Jefferson's _Works_, i. 122-142. + + + + +CHAPTER VIII + +IN THE FIRST CONTINENTAL CONGRESS + + +On the morning of Tuesday, the 30th of August, Patrick Henry arrived +on horseback at Mt. Vernon, the home of his friend and colleague, +George Washington; and having remained there that day and night, he +set out for Philadelphia on the following morning, in the company of +Washington and of Edmund Pendleton. From the jottings in Washington's +diary,[102] we can so far trace the progress of this trio of +illustrious horsemen, as to ascertain that on Sunday, the 4th of +September, they "breakfasted at Christiana Ferry; dined at Chester;" +and reached Philadelphia for supper--thus arriving in town barely in +time to be present at the first meeting of the Congress on the morning +of the 5th. + +John Adams had taken pains to get upon the ground nearly a week +earlier; and carefully gathering all possible information concerning +his future associates, few of whom he had then ever seen, he wrote in +his diary that the Virginians were said to "speak in raptures about +Richard Henry Lee and Patrick Henry, one the Cicero, and the other the +Demosthenes, of the age."[103] + +Not far from the same time, also, a keen-witted Virginian, Roger +Atkinson, at his home near Petersburg, was writing to a friend about +the men who had gone to represent Virginia in the great Congress; and +this letter of his, though not meant for posterity, has some neat, +off-hand portraits which posterity may, nevertheless, be glad to look +at. Peyton Randolph is "a venerable man ... an honest man; has +knowledge, temper, experience, judgment,--above all, integrity; a true +Roman spirit." Richard Bland is "a wary, old, experienced veteran at +the bar and in the senate; has something of the look of old musty +parchments, which he handleth and studieth much. He formerly wrote a +treatise against the Quakers on water-baptism." Washington "is a +soldier,--a warrior; he is a modest man; sensible; speaks little; in +action cool, like a bishop at his prayers." Pendleton "is an humble +and religious man, and must be exalted. He is a smooth-tongued +speaker, and, though not so old, may be compared to old Nestor,-- + + 'Experienced Nestor, in persuasion skilled, + Words sweet as honey from his lips distilled.'" + +But Patrick Henry "is a real half-Quaker,--your brother's +man,--moderate and mild, and in religious matters a saint; but the +very devil in politics; a son of thunder. He will shake the Senate. +Some years ago he had liked to have talked treason into the +House."[104] + +Few of the members of this Congress had ever met before; and if all +had arrived upon the scene as late as did these three members from +Virginia, there might have been some difficulty, through a lack of +previous consultation and acquaintance, in organizing the Congress on +the day appointed, and in entering at once upon its business. In fact, +however, more than a week before the time for the first meeting, the +delegates had begun to make their appearance in Philadelphia; +thenceforward with each day the arrivals continued; by Thursday, the +1st of September, twenty-five delegates, nearly one half of the entire +body elected, were in town;[105] and probably, during all that week, +no day and no night had passed without many an informal conference +respecting the business before them, and the best way of doing it. + +Concerning these memorable men of the first Continental Congress, it +must be confessed that as the mists of a hundred years of glorifying +oratory and of semi-poetic history have settled down upon them, they +are now enveloped in a light which seems to distend their forms to +proportions almost superhuman, and to cast upon their faces a gravity +that hardly belongs to this world; and it may, perhaps, help us to +bring them and their work somewhat nearer to the plane of natural +human life and motive, and into a light that is as the light of +reality, if, turning to the daily memoranda made at the time by one of +their number, we can see how merrily, after all, nay, with what +flowing feasts, with what convivial communings, passed those days and +nights of preparation for the difficult business they were about to +take in hand. + +For example, on Monday, the 29th of August, when the four members of +the Massachusetts delegation had arrived within five miles of the +city, they were met by an escort of gentlemen, partly residents of +Philadelphia, and partly delegates from other colonies, who had come +out in carriages to greet them. + + "We were introduced," writes John Adams, "to all these + gentlemen, and most cordially welcomed to Philadelphia. We + then rode into town, and dirty, dusty, and fatigued as we + were, we could not resist the importunity to go to the + tavern, the most genteel one in America. There we were + introduced to a number of other gentlemen of the city, ... + and to Mr. Lynch and Mr. Gadsden, of South Carolina. Here we + had a fresh welcome to the city of Philadelphia; and after + some time spent in conversation, a curtain was drawn, and in + the other half of the chamber a supper appeared as elegant + as ever was laid upon a table. About eleven o'clock we + retired. + + "30, Tuesday. Walked a little about town; visited the + market, the State House, the Carpenters' Hall, where the + Congress is to sit, etc.; then called at Mr. Mifflin's, a + grand, spacious, and elegant house. Here we had much + conversation with Mr. Charles Thomson, who is ... the Sam + Adams of Philadelphia, the life of the cause of liberty, + they say. A Friend, Collins, came to see us, and invited us + to dine on Thursday. We returned to our lodgings, and Mr. + Lynch, Mr. Gadsden, Mr. Middleton, and young Mr. Rutledge + came to visit us. + + "31, Wednesday. Breakfasted at Mr. Bayard's, of + Philadelphia, with Mr. Sprout, a Presbyterian minister. Made + a visit to Governor Ward of Rhode Island, at his lodgings. + There we were introduced to several gentlemen. Mr. + Dickinson, the Farmer of Pennsylvania, came in his coach + with four beautiful horses to Mr. Ward's lodgings, to see + us.... We dined with Mr. Lynch, his lady and daughter, at + their lodgings, ... and a very agreeable dinner and + afternoon we had, notwithstanding the violent heat. We were + all vastly pleased with Mr. Lynch. He is a solid, firm, + judicious man. + + "September 1, Thursday. This day we breakfasted at Mr. + Mifflin's. Mr. C. Thomson came in, and soon after Dr. Smith, + the famous Dr. Smith, the provost of the college.... We then + went to return visits to the gentlemen who had visited us. + We visited a Mr. Cadwallader, a gentleman of large fortune, + a grand and elegant house and furniture. We then visited Mr. + Powell, another splendid seat. We then visited the gentlemen + from South Carolina, and, about twelve, were introduced to + Mr. Galloway, the speaker of the House in Pennsylvania. We + dined at Friend Collins' ... with Governor Hopkins, Governor + Ward, Mr. Galloway, Mr. Rhoades, etc. In the evening all the + gentlemen of the Congress who were arrived in town, met at + Smith's, the new city tavern, and spent the evening + together. Twenty-five members were come. Virginia, North + Carolina, Maryland, and the city of New York were not + arrived. + + "2, Friday. Dined at Mr. Thomas Mifflin's with Mr. Lynch, + Mr. Middleton, and the two Rutledges with their ladies.... + We were very sociable and happy. After coffee we went to the + tavern, where we were introduced to Peyton Randolph, + Esquire, speaker of Virginia, Colonel Harrison, Richard + Henry Lee, Esquire, and Colonel Bland.... These gentlemen + from Virginia appear to be the most spirited and consistent + of any. Harrison said he would have come on foot rather than + not come. Bland said he would have gone, upon this occasion, + if it had been to Jericho. + + "3, Saturday. Breakfasted at Dr. Shippen's; Dr. Witherspoon + was there. Col. R. H. Lee lodges there; he is a masterly + man.... We went with Mr. William Barrell to his store, and + drank punch, and ate dried smoked sprats with him; read the + papers and our letters from Boston; dined with Mr. Joseph + Reed, the lawyer; ... spent the evening at Mr. Mifflin's, + with Lee and Harrison from Virginia, the two Rutledges, Dr. + Witherspoon, Dr. Shippen, Dr. Steptoe, and another + gentleman; an elegant supper, and we drank sentiments till + eleven o'clock. Lee and Harrison were very high. Lee had + dined with Mr. Dickinson, and drank Burgundy the whole + afternoon."[106] + +Accordingly, at 10 o'clock on Monday morning, the 5th of September, +when the delegates assembled at their rendezvous, the city tavern, and +marched together through the streets to Carpenters' Hall, for most of +them the stiffness of a first introduction was already broken, and +they could greet one another that morning with something of the +freedom and good fellowship of boon companions. Moreover, they were +then ready to proceed to business under the advantage of having +arranged beforehand an outline of what was first to be done. It had +been discovered, apparently, that the first serious question which +would meet them after their formal organization, was one relating to +the method of voting in the Congress, namely, whether each deputy +should have a vote, or only each colony; and if the latter, whether +the vote of each colony should be proportioned to its population and +property. + +Having arrived at the hall, and inspected it, and agreed that it would +serve the purpose, the delegates helped themselves to seats. Then Mr. +Lynch of South Carolina arose, and nominated Mr. Peyton Randolph of +Virginia for president. This nomination having been unanimously +adopted, Mr. Lynch likewise proposed Mr. Charles Thomson for +secretary, which was carried without opposition; but as Mr. Thomson +was not a delegate, and of course was not then present, the doorkeeper +was instructed to go out and find him, and say to him that his +immediate attendance was desired by the Congress. + +Next came the production and inspection of credentials. The roll +indicated that of the fifty-two delegates appointed, forty-four were +already upon the ground,--constituting an assemblage of representative +Americans, which, for dignity of character and for intellectual +eminence, was undoubtedly the most imposing that the colonies had ever +seen. In that room that day were such men as John Sullivan, John and +Samuel Adams, Stephen Hopkins, Roger Sherman, James Duane, John Jay, +Philip and William Livingston, Joseph Galloway, Thomas Mifflin, Cćsar +Rodney, Thomas McKean, George Read, Samuel Chase, John and Edward +Rutledge, Christopher Gadsden, Henry Middleton, Edmund Pendleton, +George Washington, and Patrick Henry. + +Having thus got through with the mere routine of organization, which +must have taken a considerable time, James Duane, of New York, moved +the appointment of a committee "to prepare regulations for this +Congress." To this several gentlemen objected; whereupon John Adams, +thinking that Duane's purpose might have been misunderstood, "asked +leave of the president to request of the gentleman from New York an +explanation, and that he would point out some particular regulations +which he had in his mind." In reply to this request, Duane "mentioned +particularly the method of voting, whether it should be by colonies, +or by the poll, or by interests."[107] Thus Duane laid his finger on +perhaps the most sensitive nerve in that assemblage; but as he sat +down, the discussion of the subject which he had mentioned was +interrupted by a rather curious incident. This was the return of the +doorkeeper, having under his escort Mr. Charles Thomson. The latter +walked up the aisle, and standing opposite to the president, said, +with a bow, that he awaited his pleasure. The president replied: +"Congress desire the favor of you, sir, to take their minutes." +Without a word, only bowing his acquiescence, the secretary took his +seat at his desk, and began those modest but invaluable services from +which he did not cease until the Congress of the Confederation was +merged into that of the Union. + +The discussion, into which this incident had fallen as a momentary +episode, was then resumed. "After a short silence," says the man who +was thus inducted into office, "Patrick Henry arose to speak. I did +not then know him. He was dressed in a suit of parson's gray, and from +his appearance I took him for a Presbyterian clergyman, used to +haranguing the people. He observed that we were here met in a time and +on an occasion of great difficulty and distress; that our public +circumstances were like those of a man in deep embarrassment and +trouble, who had called his friends together to devise what was best +to be done for his relief;--one would propose one thing, and another a +different one, whilst perhaps a third would think of something better +suited to his unhappy circumstances, which he would embrace, and think +no more of the rejected schemes with which he would have nothing to +do."[108] + +Such is the rather meagre account, as given by one ear-witness, of +Patrick Henry's first speech in the Congress of 1774. From another +ear-witness we have another account, likewise very meagre, but giving, +probably, a somewhat more adequate idea of the drift and point of what +he said:-- + + "Mr. Henry then arose, and said this was the first general + congress which had ever happened; that no former congress + could be a precedent; that we should have occasion for more + general congresses, and therefore that a precedent ought to + be established now; that it would be a great injustice if a + little colony should have the same weight in the councils of + America as a great one; and therefore he was for a + committee."[109] + +The notable thing about both these accounts is that they agree in +showing Patrick Henry's first speech in Congress to have been not, as +has been represented, an impassioned portrayal of "general +grievances," but a plain and quiet handling of a mere "detail of +business." In the discussion he was followed by John Sullivan, who +merely observed that "a little colony had its all at stake as well as +a great one." The floor was then taken by John Adams, who seems to +have made a searching and vigorous argument,--exhibiting the great +difficulties attending any possible conclusion to which they might +come respecting the method of voting. At the end of his speech, +apparently, the House adjourned, to resume the consideration of the +subject on the following day.[110] + +Accordingly, on Tuesday morning the discussion was continued, and at +far greater length than on the previous day; the first speaker being +Patrick Henry himself, who seems now to have gone into the subject far +more broadly, and with much greater intensity of thought, than in his +first speech. + + "'Government,' said he, 'is dissolved. Fleets and armies and + the present state of things show that government is + dissolved. Where are your landmarks, your boundaries of + colonies? We are in a state of nature, sir. I did propose + that a scale should be laid down; that part of North America + which was once Massachusetts Bay, and that part which was + once Virginia, ought to be considered as having a weight. + Will not people complain,--"Ten thousand Virginians have not + outweighed one thousand others?" + + "'I will submit, however; I am determined to submit, if I am + overruled. + + "'A worthy gentleman near me [John Adams] seemed to admit + the necessity of obtaining a more adequate representation. + + "'I hope future ages will quote our proceedings with + applause. It is one of the great duties of the democratical + part of the constitution to keep itself pure. It is known in + my province that some other colonies are not so numerous or + rich as they are. I am for giving all the satisfaction in my + power. + + "'The distinctions between Virginians, Pennsylvanians, New + Yorkers, and New Englanders are no more. I am not a + Virginian, but an American. + + "'Slaves are to be thrown out of the question; and if the + freemen can be represented according to their numbers, I am + satisfied.' + + "The subject was then debated at length by Lynch, Rutledge, + Ward, Richard Henry Lee, Gadsden, Bland, and Pendleton, when + Patrick Henry again rose:-- + + "'I agree that authentic accounts cannot be had, if by + authenticity is meant attestations of officers of the crown. + I go upon the supposition that government is at an end. All + distinctions are thrown down. All America is thrown into one + mass. We must aim at the minutić of rectitude.'" + +Patrick Henry was then followed by John Jay, who seems to have closed +the debate, and whose allusion to what his immediate predecessor had +said gives us some hint of the variations in Revolutionary opinion +then prevailing among the members, as well as of the advanced position +always taken by Patrick Henry:-- + + "'Could I suppose that we came to frame an American + constitution, instead of endeavoring to correct the faults + in an old one, I can't yet think that all government is at + an end. The measure of arbitrary power is not full; and I + think it must run over, before we undertake to frame a new + constitution. To the virtue, spirit, and abilities of + Virginia we owe much. I should always, therefore, from + inclination as well as justice, be for giving Virginia its + full weight. I am not clear that we ought not to be bound by + a majority, though ever so small; but I only mentioned it as + a matter of danger worthy of consideration.'"[111] + +Of this entire debate, the most significant issue is indicated by the +following passage from the journal for Tuesday, the 6th of +September:-- + + "_Resolved_, that in determining questions in this Congress, + each colony or province shall have one vote; the Congress + not being possessed of, or at present able to procure, + proper materials for ascertaining the importance of each + colony."[112] + +So far as it is now possible to ascertain it, such was Patrick Henry's +part in the first discussion held by the first Continental +Congress,--a discussion occupying parts of two days, and relating +purely to methods of procedure by that body, and not to the matters of +grievance between the colonies and Great Britain. We have a right to +infer something as to the quality of the first impression made upon +his associates by Patrick Henry in consequence of his three speeches +in this discussion, from the fact that when, at the close of it, an +order was taken for the appointment of two grand committees, one "to +state the rights of the colonies," the other "to examine and report +the several statutes which affect the trade and manufactures of the +colonies," Patrick Henry was chosen to represent Virginia on the +latter committee,[113]--a position not likely to have been selected +for a man who, however eloquent he may have seemed, had not also shown +business-like and lawyer-like qualities. + +The Congress kept steadily at work from Monday, the 5th of September, +to Wednesday, the 26th of October,--just seven weeks and two days. +Though not a legislative body, it resembled all legislative bodies +then in existence, in the fact that it sat with closed doors, and that +it gave to the public only such results as it chose to give. Upon the +difficult and exciting subjects which came before it, there were, very +likely, many splendid passages of debate; and we cannot doubt that in +all these discussions Patrick Henry took his usually conspicuous and +powerful share. Yet no official record was kept of what was said by +any member; and it is only from the hurried private memoranda of two +of his colleagues that we are able to learn anything more respecting +Patrick Henry's participation in the debates of those seven weeks. + +For example, just two weeks after the opening of this Congress, one of +its most critical members, Silas Deane of Connecticut, in a letter to +his wife, gave some capital sketches of his more prominent associates +there, especially those from the South,--as Randolph, Harrison, +Washington, Pendleton, Richard Henry Lee, and Patrick Henry. The +latter he describes as "a lawyer, and the completest speaker I ever +heard. If his future speeches are equal to the small samples he has +hitherto given us, they will be worth preserving; but in a letter I +can give you no idea of the music of his voice, or the high-wrought +yet natural elegance of his style and manner."[114] + +It was on the 28th of September that Joseph Galloway brought forward +his celebrated plan for a permanent reconciliation between Great +Britain and her colonies. This was simply a scheme for what we should +now call home rule, on a basis of colonial confederation, with an +American parliament to be elected every three years by the +legislatures of the several colonies, and with a governor-general to +be appointed by the crown. The plan came very near to adoption.[115] +The member who introduced it was a man of great ability and great +influence; it was supported by James Duane and John Jay; it was +pronounced by Edward Rutledge to be "almost a perfect plan;" and in +the final trial it was lost only by a vote of six colonies to five. +Could it have been adopted, the disruption of the British empire would +certainly have been averted for that epoch, and, as an act of +violence and of unkindness, would perhaps have been averted forever; +while the thirteen English colonies would have remained English +colonies, without ceasing to be free. + +The plan, however, was distrusted and resisted, with stern and +implacable hostility, by the more radical members of the Congress, +particularly by those from Massachusetts and Virginia; and an outline +of what Patrick Henry said in his assault upon it, delivered on the +very day on which it was introduced, is thus given by John Adams:-- + + "The original constitution of the colonies was founded on + the broadest and most generous base. The regulation of our + trade was compensation enough for all the protection we ever + experienced from her. + + "We shall liberate our constituents from a corrupt House of + Commons, but throw them into the arms of an American + legislature, that may be bribed by that nation which avows, + in the face of the world, that bribery is a part of her + system of government. + + "Before we are obliged to pay taxes as they do, let us be as + free as they; let us have our trade open with all the world. + + "We are not to consent by the representatives of + representatives. + + "I am inclined to think the present measures lead to + war."[116] + +The only other trace to be discovered of Patrick Henry's activity in +the debates of this Congress belongs to the day just before the one +on which Galloway's plan was introduced. The subject then under +discussion was the measure for non-importation and non-exportation. On +considerations of forbearance, Henry tried to have the date for the +application of this measure postponed from November to December, +saying, characteristically, "We don't mean to hurt even our rascals, +if we have any."[117] + +Probably the most notable work done by this Congress was its +preparation of those masterly state papers in which it interpreted and +affirmed the constitutional attitude of the colonies, and which, when +laid upon the table of the House of Lords, drew forth the splendid +encomium of Chatham.[118] In many respects the most important, and +certainly the most difficult, of these state papers, was the address +to the king. The motion for such an address was made on the 1st of +October. On the same day the preparation of it was entrusted to a very +able committee, consisting of Richard Henry Lee, John Adams, Thomas +Johnson, Patrick Henry, and John Rutledge; and on the 21st of October +the committee was strengthened by the accession of John Dickinson, who +had entered the Congress but four days before.[119] Precisely what +part Patrick Henry took in the preparation of this address is not now +known; but there is no evidence whatever for the assertion[120] that +the first draft, which, when submitted to Congress, proved to be +unsatisfactory, was the work of Patrick Henry. That draft, as is now +abundantly proved, was prepared by the chairman of the committee, +Richard Henry Lee, but after full instructions from Congress and from +the committee itself.[121] In its final form, the address was largely +moulded by the expert and gentle hand of John Dickinson.[122] No one +can doubt, however, that even though Patrick Henry may have +contributed nothing to the literary execution of this fine address, he +was not inactive in its construction,[123] and that he was not likely +to have suggested any abatement from its free and manly spirit. + +The only other committee on which he is known to have served during +this Congress was one to which his name was added on the 19th of +September,--"the committee appointed to state the rights of the +colonies,"[124] an object, certainly, far better suited to the +peculiarities of his talents and of his temper than that of the +committee for the conciliation of a king. + +Of course, the one gift in which Patrick Henry excelled all other men +of his time and neighborhood was the gift of eloquence; and it is not +to be doubted that in many other forms of effort, involving, for +example, plain sense, practical experience, and knowledge of details, +he was often equaled, and perhaps even surpassed, by men who had not a +particle of his genius for oratory. This fact, the analogue of which +is common in the history of all men of genius, seems to be the basis +of an anecdote which, possibly, is authentic, and which, at any rate, +has been handed down by one who was always a devoted friend[125] of +the great orator. It is said that, after Henry and Lee had made their +first speeches, Samuel Chase of Maryland was so impressed by their +superiority that he walked over to the seat of one of his colleagues +and said: "We might as well go home; we are not able to legislate with +these men." But some days afterward, perhaps in the midst of the work +of the committee on the statutes affecting trade and commerce, the +same member was able to relieve himself by the remark: "Well, after +all, I find these are but men, and, in mere matters of business, but +very common men."[126] + +It seems hardly right to pass from these studies upon the first +Continental Congress, and upon Patrick Henry's part in it, without +some reference to Wirt's treatment of the subject in a book which has +now been, for nearly three quarters of a century, the chief source of +public information concerning Patrick Henry. There is perhaps no other +portion of this book which is less worthy of respect.[127] It is not +only unhistoric in nearly all the very few alleged facts of the +narrative, but it does great injustice to Patrick Henry by +representing him virtually as a mere declaimer, as an ill-instructed +though most impressive rhapsodist in debate, and as without any claim +to the character of a serious statesman, or even of a man of affairs; +while, by the somewhat grandiose and melodramatic tone of some portion +of the narrative, it is singularly out of harmony with the real tone +of that famous assemblage,--an assemblage of Anglo-Saxon lawyers, +politicians, and men of business, who were probably about as practical +and sober-minded a company as had been got together for any manly +undertaking since that of Runnymede. + +Wirt begins by convening his Congress one day too soon, namely, on the +4th of September, which was Sunday; and he represents the members as +"personally strangers" to one another, and as sitting, after their +preliminary organization, in a "long and deep silence," the members +meanwhile looking around upon each other with a sort of helpless +anxiety, "every individual" being reluctant "to open a business so +fearfully momentous." But + + "in the midst of this deep and death-like silence, and just + when it was beginning to become painfully embarrassing, Mr. + Henry arose slowly, as if borne down by the weight of the + subject. After faltering, according to his habit, through a + most impressive exordium, in which he merely echoed back the + consciousness of every other heart in deploring his + inability to do justice to the occasion, he launched + gradually into a recital of the colonial wrongs. Rising, as + he advanced, with the grandeur of his subject, and glowing + at length with all the majesty and expectation of the + occasion, his speech seemed more than that of mortal man. + Even those who had heard him in all his glory in the House + of Burgesses of Virginia were astonished at the manner in + which his talents seemed to swell and expand themselves to + fill the vaster theatre in which he was now placed. There + was no rant, no rhapsody, no labor of the understanding, no + straining of the voice, no confusion of the utterance. His + countenance was erect, his eye steady, his action noble, his + enunciation clear and firm, his mind poised on its centre, + his views of his subject comprehensive and great, and his + imagination coruscating with a magnificence and a variety + which struck even that assembly with amazement and awe. He + sat down amidst murmurs of astonishment and applause; and, + as he had been before proclaimed the greatest orator of + Virginia, he was now on every hand admitted to be the first + orator of America."[128] + +This great speech from Patrick Henry, which certainly was not made on +that occasion, and probably was never made at all, Wirt causes to be +followed by a great speech from Richard Henry Lee, although the +journal could have informed him that Lee was not even in the House on +that day. Moreover, he makes Patrick Henry to be the author of the +unfortunate first draft of the address to the king,--a document which +was written by another man; and on this fiction he founds two or three +pages of lamentation and of homily with reference to Patrick Henry's +inability to express himself in writing, in consequence of "his early +neglect of literature." Finally, he thinks it due "to historic truth +to record that the superior powers" of Patrick Henry "were manifested +only in debate;" and that, although he and Richard Henry Lee "took the +undisputed lead in the Assembly," "during the first days of the +session, while general grievances were the topic," yet they were both +"completely thrown into the shade" "when called down from the heights +of declamation to that severer test of intellectual excellence, the +details of business,"--the writer here seeming to forget that "general +grievances" were not the topic "during the first days of the session," +and that the very speeches by which these two men are said to have +made their mark there, were speeches on mere rules of the House +relating to methods of procedure.[129] + +Since the death of Wirt, and the publication of the biography of him +by Kennedy, it has been possible for us to ascertain just how the +genial author of "The Life and Character of Patrick Henry" came to be +so gravely misled in this part of his book. "The whole passage +relative to the first Congress" appears to have been composed from +data furnished by Jefferson, who, however, was not a member of that +Congress; and in the original manuscript the very words of Jefferson +were surrounded with quotation marks, and were attributed to him by +name. When, however, that great man, who loved not to send out +calumnies into the world with his own name attached to them, came to +inspect this portion of Wirt's manuscript, he was moved by his usual +prudence to write such a letter as drew from Wirt the following +consolatory assurance:-- + + "Your repose shall never be endangered by any act of mine, + if I can help it. Immediately on the receipt of your last + letter, and before the manuscript had met any other eye, I + wrote over again the whole passage relative to the first + Congress, omitting the marks of quotation, and removing your + name altogether from the communication."[130] + +The final adjournment of the first Continental Congress, it will be +remembered, did not occur until its members had spent together more +than seven weeks of the closest intellectual intimacy. Surely, no mere +declaimer however enchanting, no sublime babbler on the rights of man, +no political charlatan strutting about for the display of his +preternatural gift of articulate wind, could have grappled in keen +debate, for all those weeks, on the greatest of earthly subjects, with +fifty of the ablest men in America, without exposing to their view all +his own intellectual poverty, and without losing the very last shred +of their intellectual respect for him. Whatever may have been the +impression formed of Patrick Henry as a mere orator by his associates +in that Congress, nothing can be plainer than that those men carried +with them to their homes that report of him as a man of extraordinary +intelligence, integrity, and power, which was the basis of his +subsequent fame for many years among the American people. Long +afterward, John Adams, who formed his estimate of Patrick Henry +chiefly from what he saw of him in that Congress, and who was never +much addicted to bestowing eulogiums on any man but John Adams, wrote +to Jefferson that "in the Congress of 1774 there was not one member, +except Patrick Henry, who appeared ... sensible of the precipice, or +rather the pinnacle, on which we stood, and had candor and courage +enough to acknowledge it."[131] To Wirt likewise, a few years later, +the same hard critic of men testified that Patrick Henry always +impressed him as a person "of deep reflection, keen sagacity, clear +foresight, daring enterprise, inflexible intrepidity, and untainted +integrity, with an ardent zeal for the liberties, the honor, and +felicity of his country and his species."[132] + +Of the parting interview between these two men, at the close of that +first period of thorough personal acquaintance, there remains from the +hand of one of them a graphic account that reveals to us something of +the conscious kinship which seems ever afterward to have bound +together their robust and impetuous natures. + + "When Congress," says John Adams, "had finished their + business, as they thought, in the autumn of 1774, I had with + Mr. Henry, before we took leave of each other, some familiar + conversation, in which I expressed a full conviction that + our resolves, declarations of rights, enumeration of wrongs, + petitions, remonstrances, and addresses, associations, and + non-importation agreements, however they might be expected + by the people in America, and however necessary to cement + the union of the colonies, would be but waste paper in + England. Mr. Henry said they might make some impression + among the people of England, but agreed with me that they + would be totally lost upon the government. I had but just + received a short and hasty letter, written to me by Major + Hawley, of Northampton, containing 'a few broken hints,' as + he called them, of what he thought was proper to be done, + and concluding[133] with these words: 'After all, we must + fight.' This letter I read to Mr. Henry, who listened with + great attention; and as soon as I had pronounced the words, + 'After all, we must fight,' he raised his head, and with an + energy and vehemence that I can never forget, broke out + with: 'By God, I am of that man's mind!'"[134] + +This anecdote, it may be mentioned, contains the only instance on +record, for any period of Patrick Henry's life, implying his use of +what at first may seem a profane oath. John Adams, upon whose very +fallible memory in old age the story rests, declares that he did not +at the time regard Patrick Henry's words as an oath, but rather as a +solemn asseveration, affirmed religiously, upon a very great occasion. +At any rate, that asseveration proved to be a prophecy; for from it +there then leaped a flame that lighted up for an instant the next +inevitable stage in the evolution of events,--the tragic and bloody +outcome of all these wary lucubrations and devices of the assembled +political wizards of America. + +It is interesting to note that, at the very time when the Congress at +Philadelphia was busy with its stern work, the people of Virginia were +grappling with the peril of an Indian war assailing them from beyond +their western mountains. There has recently been brought to light a +letter written at Hanover, on the 15th of October, 1774, by the aged +mother of Patrick Henry, to a friend living far out towards the +exposed district; and this letter is a touching memorial both of the +general anxiety over the two concurrent events, and of the motherly +pride and piety of the writer:-- + + "My son Patrick has been gone to Philadelphia near seven + weeks. The affairs of Congress are kept with great secrecy, + nobody being allowed to be present. I assure you we have our + lowland troubles and fears with respect to Great Britain. + Perhaps our good God may bring good to us out of these many + evils which threaten us, not only from the mountains but + from the seas."[135] + + +FOOTNOTES: + +[102] _Washington's Writings_, ii. 503. + +[103] _Works of John Adams_, ii. 357. + +[104] Meade, _Old Churches and Families of Va._ i. 220, 221. + +[105] _Works of John Adams_, ii. 361. + +[106] _Works of John Adams_, ii. 357-364. + +[107] _Works of John Adams_, ii. 365. + +[108] _Am. Quarterly Review_, i. 30, whence it is quoted in _Works of +John Adams_, iii. 29, 30, note. As regards the value of this testimony +of Charles Thomson, we should note that it is something alleged to +have been said by him at the age of ninety, in a conversation with a +friend, and by the latter reported to the author of the article above +cited in the _Am. Quart. Rev._ + +[109] _Works of John Adams_, ii. 365. + +[110] It seems to me that the second paragraph on page 366 of volume +ii. of the _Works of John Adams_ must be taken as his memorandum of +his own speech; and that what follows on that page, as well as on page +367, and the first half of page 368, is erroneously understood by the +editor as belonging to the first day's debate. It must have been an +outline of the second day's debate. This is proved partly by the fact +that it mentions Lee as taking part in the debate; but according to +the journal, Lee did not appear in Congress until the second day. 4 +_Am. Arch._ i. 898. + +[111] _Works of John Adams_, ii. 366-368. + +[112] 4 _Am. Arch._ i. 898, 899. + +[113] 4 _Am. Arch._ i. 899. + +[114] _Conn. Hist. Soc. Coll._ ii. 181. + +[115] The text of Galloway's plan is given in 4 _Am. Arch._ i. 905, +906. + +[116] _Works of John Adams_, ii. 390. + +[117] _Works of John Adams_, ii. 385. + +[118] Hansard, _Parl. Hist._ xviii. 155, 156 note, 157. + +[119] 4 _Am. Arch._ i. 906, 907, 927. + +[120] Wirt, 109. + +[121] _Works of John Adams_, x. 79; ii. 396, note; Lee's _Life of R. +H. Lee_, i. 116-118, 270-272. + +[122] _Political Writings_, ii. 19-29. + +[123] Thus John Adams, on 11th October, writes: "Spent the evening +with Mr. Henry at his lodgings consulting about a petition to the +king." _Works_, ii. 396. + +[124] 4 _Am. Arch._ i. 904. + +[125] Judge John Tyler, in Wirt, 109, note. + +[126] For another form of this tradition, see Curtis's _Life of +Webster_, i. 588. + +[127] Pages 105-113. + +[128] Wirt, 105, 106. + +[129] The exact rules under debate during those first two days are +given in 4 _Am. Arch._ i. 898, 899. + +[130] Kennedy, _Mem. of Wirt_, i. 364. + +[131] _Works of John Adams_, x. 78. + +[132] _Ibid._ x. 277. + +[133] As a matter of fact, the letter from Hawley began with these +words, instead of "concluding" with them. + +[134] _Works of John Adams_, x. 277, 278. + +[135] Peyton, _History of Augusta County_, 345, where will be found +the entire letter. + + + + +CHAPTER IX + +"AFTER ALL, WE MUST FIGHT" + + +We now approach that brilliant passage in the life of Patrick Henry +when, in the presence of the second revolutionary convention of +Virginia, he proclaimed the futility of all further efforts for peace, +and the instant necessity of preparing for war. + +The speech which he is said to have made on that occasion has been +committed to memory and declaimed by several generations of American +schoolboys, and is now perhaps familiarly known to a larger number of +the American people than any other considerable bit of secular prose +in our language. The old church at Richmond, in which he made this +marvelous speech, is in our time visited every year, as a patriotic +shrine, by thousands of pilgrims, who seek curiously the very spot +upon the floor where the orator is believed to have stood when he +uttered those words of flame. It is chiefly the tradition of that one +speech which to-day keeps alive, in millions of American homes, the +name of Patrick Henry, and which lifts him, in the popular faith, +almost to the rank of some mythical hero of romance. + +In reality, that speech, and the resolutions in support of which that +speech was made, constituted Patrick Henry's individual declaration of +war against Great Britain. But the question is: To what extent, if +any, was he therein original, or even in advance of his +fellow-countrymen, and particularly of his associates in the Virginia +convention? + +It is essential to a just understanding of the history of that crisis +in revolutionary thought, and it is of very high importance, likewise, +to the historic position of Patrick Henry, that no mistake be +committed here; especially that he be not made the victim of a +disastrous reaction from any overstatement[136] respecting the precise +nature and extent of the service then rendered by him to the cause of +the Revolution. + +We need, therefore, to glance for a moment at the period between +October, 1774, and March, 1775, with the purpose of tracing therein +the more important tokens of the growth of the popular conviction that +a war with Great Britain had become inevitable, and was to be +immediately prepared for by the several colonies,--two propositions +which form the substance of all that Patrick Henry said on the great +occasion now before us. + +As early as the 21st of October, 1774, the first Continental +Congress, after having suggested all possible methods for averting +war, made this solemn declaration to the people of the colonies: "We +think ourselves bound in duty to observe to you that the schemes +agitated against these colonies have been so conducted as to render it +prudent that you should extend your views to mournful events, and be +in all respects prepared for every emergency."[137] Just six days +later, John Dickinson, a most conservative and peace-loving member of +that Congress, wrote to an American friend in England: "I wish for +peace ardently; but must say, delightful as it is, it will come more +grateful by being unexpected. The first act of violence on the part of +administration in America, or the attempt to reinforce General Gage +this winter or next year, will put the whole continent in arms, from +Nova Scotia to Georgia."[138] On the following day, the same prudent +statesman wrote to another American friend, also in England: "The most +peaceful provinces are now animated; and a civil war is unavoidable, +unless there be a quick change of British measures."[139] On the 29th +of October, the eccentric Charles Lee, who was keenly watching the +symptoms of colonial discontent and resistance, wrote from +Philadelphia to an English nobleman: "Virginia, Rhode Island, and +Carolina are forming corps. Massachusetts Bay has long had a +sufficient number instructed to become instructive of the rest. Even +this Quakering province is following the example.... In short, unless +the banditti at Westminster speedily undo everything they have done, +their royal paymaster will hear of reviews and manoeuvres not quite so +entertaining as those he is presented with in Hyde Park and Wimbledon +Common."[140] On the 1st of November, a gentleman in Maryland wrote to +a kinsman in Glasgow: "The province of Virginia is raising one company +in every county.... This province has taken the hint, and has begun to +raise men in every county also; and to the northward they have large +bodies, capable of acquitting themselves with honor in the +field."[141] At about the same time, the General Assembly of +Connecticut ordered that every town should at once supply itself with +"double the quantity of powder, balls, and flints" that had been +hitherto required by law.[142] On the 5th of November, the officers of +the Virginia troops accompanying Lord Dunmore on his campaign against +the Indians held a meeting at Fort Gower, on the Ohio River, and +passed this resolution: "That we will exert every power within us for +the defence of American liberty, and for the support of her just +rights and privileges, not in any precipitate, riotous, or tumultuous +manner, but when regularly called forth by the unanimous voice of our +countrymen."[143] Not far from the same time, the people of Rhode +Island carried off to Providence from the batteries at Newport +forty-four pieces of cannon; and the governor frankly told the +commander of a British naval force near at hand that they had done +this in order to prevent these cannon from falling into his hands, and +with the purpose of using them against "any power that might offer to +molest the colony."[144] Early in December, the Provincial Convention +of Maryland recommended that all persons between sixteen and fifty +years of age should form themselves into military companies, and "be +in readiness to act on any emergency,"--with a sort of grim humor +prefacing their recommendation by this exquisite morsel of +argumentative irony:-- + + "_Resolved_ unanimously, that a well-regulated militia, + composed of the gentlemen freeholders and other freemen, is + the natural strength and only stable security of a free + government; and that such militia will relieve our mother + country from any expense in our protection and defence, will + obviate the pretence of a necessity for taxing us on that + account, and render it unnecessary to keep any standing + army--ever dangerous to liberty--in this province."[145] + +The shrewdness of this courteous political thrust on the part of the +convention of Maryland seems to have been so heartily relished by +others that it was thenceforward used again and again by similar +conventions elsewhere; and in fact, for the next few months, these +sentences became almost the stereotyped formula by which revolutionary +assemblages justified the arming and drilling of the militia,--as, +for example, that of Newcastle County, Delaware,[146] on the 21st of +December; that of Fairfax County, Virginia,[147] on the 17th of +January, 1775; and that of Augusta County, Virginia,[148] on the 22d +of February. + +In the mean time Lord Dunmore was not blind to all these military +preparations in Virginia; and so early as the 24th of December, 1774, +he had written to the Earl of Dartmouth: "Every county, besides, is +now arming a company of men, whom they call an independent company, +for the avowed purpose of protecting their committees, and to be +employed against government, if occasion require."[149] Moreover, this +alarming fact of military preparation, which Lord Dunmore had thus +reported concerning Virginia, could have been reported with equal +truth concerning nearly every other colony. In the early part of +January, 1775, the Assembly of Connecticut gave order that the entire +militia of that colony should be mustered every week.[150] In the +latter part of January, the provincial convention of Pennsylvania, +though representing a colony of Quakers, boldly proclaimed that, if +the administration "should determine by force to effect a submission +to the late arbitrary acts of the British Parliament," it would +"resist such force, and at every hazard ... defend the rights and +liberties of America."[151] On the 15th of February, the Provincial +Congress of Massachusetts urged the people to "spare neither time, +pains, nor expense, at so critical a juncture, in perfecting +themselves forthwith in military discipline."[152] + +When, therefore, so late as Monday, the 20th of March, 1775, the +second revolutionary convention of Virginia assembled at Richmond, its +members were well aware that one of the chief measures to come before +them for consideration must be that of recognizing the local military +preparations among their own constituents, and of placing them all +under some common organization and control. Accordingly, on Thursday, +the 23d of March, after three days had been given to necessary +preliminary subjects, the inevitable subject of military preparations +was reached. Then it was that Patrick Henry took the floor and moved +the adoption of the following resolutions, supporting his motion, +undoubtedly, with a speech:-- + + "_Resolved_, That a well-regulated militia, composed of + gentlemen and yeomen, is the natural strength and only + security of a free government; that such a militia in this + colony would forever render it unnecessary for the mother + country to keep among us for the purpose of our defence any + standing army of mercenary forces, always subversive of the + quiet and dangerous to the liberties of the people, and + would obviate the pretext of taxing us for their support. + + "_Resolved_, That the establishment of such a militia is at + this time peculiarly necessary, by the state of our laws for + the protection and defence of the country, some of which + have already expired, and others will shortly do so; and + that the known remissness of government in calling us + together in a legislative capacity, renders it too insecure, + in this time of danger and distress, to rely that + opportunity will be given of renewing them in general + assembly, or making any provision to secure our inestimable + rights and liberties from those further violations with + which they are threatened. + + "_Resolved, therefore_, That this colony be immediately put + into a posture of defence; and that ... be a committee to + prepare a plan for the embodying, arming, and disciplining + such a number of men as may be sufficient for that + purpose."[153] + +No one who reads these resolutions in the light of the facts just +given, can find in them anything by which to account for the +opposition which they are known to have met with in that assemblage. +For that assemblage, it must be remembered, was not the Virginia +legislature: it was a mere convention, and a revolutionary convention +at that, gathered in spite of the objections of Lord Dunmore, +representing simply the deliberate purpose of those Virginians who +meant not finally to submit to unjust laws; some of its members, +likewise, being under express instructions from their constituents to +take measures for the immediate and adequate military organization of +the colony. Not a man, probably, was sent to that convention, not a +man surely would have gone to it, who was not in substantial sympathy +with the prevailing revolutionary spirit. + +Of course, even they who were in sympathy with that spirit might have +objected to Patrick Henry's resolutions, had those resolutions been +marked by any startling novelty in doctrine, or by anything extreme or +violent in expression. But, plainly, they were neither extreme nor +violent; they were not even novel. They contained nothing essential +which had not been approved, in almost the same words, more than three +months before, by similar conventions in Maryland and in Delaware; +which had not been approved, in almost the same words, many weeks +before, by county conventions in Virginia,--in one instance, by a +county convention presided over by Washington himself; which had not +been approved, in other language, either weeks or months before, by +Massachusetts, Rhode Island, Connecticut, Pennsylvania, and other +colonies; which was not sanctioned by the plainest prudence on the +part of all persons who intended to make any further stand whatsoever +against the encroachments of Parliament. It is safe to say that no man +who had within him enough of the revolutionary spirit to have prompted +his attendance at a revolutionary convention could have objected to +any essential item in Patrick Henry's resolutions. + +Why, then, were they objected to? Why was their immediate passage +resisted? The official journal of the convention throws no light upon +the question: it records merely the adoption of the resolutions, and +is entirely silent respecting any discussion that they may have +provoked. Thirty years afterward, however, St. George Tucker, who, +though not a member of this convention, had yet as a visitor watched +its proceedings that day, gave from memory some account of them; and +to him we are indebted for the names of the principal men who stood +out against Patrick Henry's motion. "This produced," he says, "an +animated debate, in which Colonel Richard Bland, Mr. Nicholas, the +treasurer, and I think Colonel Harrison, of Berkeley, and Mr. +Pendleton, were opposed to the resolution, as conceiving it to be +premature;"[154] all these men being prudent politicians, indeed, but +all fully committed to the cause of the Revolution. + +At first, this testimony may seem to leave us as much in the dark as +before; and yet all who are familiar with the politics of Virginia at +that period will see in this cluster of names some clew to the secret +of their opposition. It was an opposition to Patrick Henry himself, +and as far as possible to any measure of which he should be the +leading champion. Yet even this is not enough. Whatever may have been +their private motives in resisting a measure advocated by Patrick +Henry, they must still have had some reason which they would be +willing to assign. St. George Tucker tells us that they conceived his +resolutions to be "premature." But in themselves his resolutions, so +far from being premature, were rather tardy; they lagged weeks and +even months behind many of the best counties in Virginia itself, as +well as behind those other colonies to which in political feeling +Virginia was always most nearly akin. + +The only possible explanation of the case seems to be found, not in +the resolutions themselves, but in the special interpretation put upon +them by Patrick Henry in the speech which, according to parliamentary +usage, he seems to have made in moving their adoption. What was that +interpretation? In the true answer to that question, no doubt, lies +the secret of the resistance which his motion encountered. For, down +to that day, no public body in America, and no public man, had openly +spoken of a war with Great Britain in any more decisive way than as a +thing highly probable, indeed, but still not inevitable. At last +Patrick Henry spoke of it, and he wanted to induce the convention of +Virginia to speak of it, as a thing inevitable. Others had said, "The +war must come, and will come,--unless certain things are done." +Patrick Henry, brushing away every prefix or suffix of uncertainty, +every half-despairing "if," every fragile and pathetic "unless," +exclaimed, in the hearing of all men: "Why talk of things being now +done which can avert the war? Such things will not be done. The war is +coming: it has come already." Accordingly, other conventions in the +colonies, in adopting similar resolutions, had merely announced the +probability of war. Patrick Henry would have this convention, by +adopting his resolutions, virtually declare war itself. + +In this alone, it is apparent, consisted the real priority and +offensiveness of Patrick Henry's position as a revolutionary statesman +on the 23d of March, 1775. In this alone were his resolutions +"premature." The very men who opposed them because they were to be +understood as closing the door against the possibility of peace, would +have favored them had they only left that door open, or even ajar. But +Patrick Henry demanded of the people of Virginia that they should +treat all further talk of peace as mere prattle; that they should +seize the actual situation by a bold grasp of it in front; that, +looking upon the war as a fact, they should instantly proceed to get +ready for it. And therein, once more, in revolutionary ideas, was +Patrick Henry one full step in advance of his contemporaries. Therein, +once more, did he justify the reluctant praise of Jefferson, who was a +member of that convention, and who, nearly fifty years afterward, said +concerning Patrick Henry to a great statesman from Massachusetts: +"After all, it must be allowed that he was our leader in the measures +of the Revolution in Virginia, and in that respect more is due to him +than to any other person.... He left all of us far behind."[155] + +Such, at any rate, we have a right to suppose, was the substantial +issue presented by the resolutions of Patrick Henry, and by his +introductory speech in support of them; and upon this issue the little +group of politicians--able and patriotic men, who always opposed his +leadership--then arrayed themselves against him, making the most, +doubtless, of everything favoring the possibility and the +desirableness of a peaceful adjustment of the great dispute. But their +opposition to him only produced the usual result,--of arousing him to +an effort which simply overpowered and scattered all further +resistance. It was in review of their whole quivering platoon of hopes +and fears, of doubts, cautions, and delays, that he then made the +speech which seems to have wrought astonishing effects upon those who +heard it, and which, though preserved in a most inadequate report, now +fills so great a space in the traditions of revolutionary eloquence:-- + + "'No man, Mr. President, thinks more highly than I do of the + patriotism, as well as the abilities, of the very honorable + gentlemen who have just addressed the House. But different + men often see the same subject in different lights; and, + therefore, I hope it will not be thought disrespectful to + those gentlemen if, entertaining, as I do, opinions of a + character very opposite to theirs, I should speak forth my + sentiments freely, and without reserve. This is no time for + ceremony. The question before the house is one of awful + moment to this country. For my own part, I consider it as + nothing less than a question of freedom or slavery. And in + proportion to the magnitude of the subject ought to be the + freedom of the debate. It is only in this way that we can + hope to arrive at truth, and fulfil the great responsibility + which we hold to God and our country. Should I keep back my + opinions at such a time, through fear of giving offence, I + should consider myself as guilty of treason towards my + country, and of an act of disloyalty towards the majesty of + Heaven, which I revere above all earthly kings. + + "'Mr. President, it is natural to man to indulge in the + illusions of Hope. We are apt to shut our eyes against a + painful truth, and listen to the song of that siren till she + transforms us into beasts. Is this the part of wise men, + engaged in a great and arduous struggle for liberty? Are we + disposed to be of the number of those who, having eyes, see + not, and having ears, hear not, the things which so nearly + concern their temporal salvation? For my part, whatever + anguish of spirit it may cost, I am willing to know the + whole truth; to know the worst, and to provide for it. + + "'I have but one lamp by which my feet are guided, and that + is the lamp of experience. I know of no way of judging of + the future but by the past. And, judging by the past, I wish + to know what there has been in the conduct of the British + ministry, for the last ten years, to justify those hopes + with which gentlemen have been pleased to solace themselves + and the House. Is it that insidious smile with which our + petition has been lately received? Trust it not, sir; it + will prove a snare to your feet. Suffer not yourselves to be + betrayed with a kiss. Ask yourselves how this gracious + reception of our petition comports with those warlike + preparations which cover our waters and darken our land. Are + fleets and armies necessary to a work of love and + reconciliation? Have we shown ourselves so unwilling to be + reconciled, that force must be called in to win back our + love? Let us not deceive ourselves, sir. These are the + implements of war and subjugation,--the last arguments to + which kings resort. + + "'I ask gentlemen, sir, what means this martial array, if + its purpose be not to force us to submission? Can gentlemen + assign any other possible motive for it? Has Great Britain + any enemy in this quarter of the world, to call for all this + accumulation of navies and armies? No, sir, she has none. + They are meant for us: they can be meant for no other. They + are sent over to bind and rivet upon us those chains which + the British ministry have been so long forging. + + "'And what have we to oppose to them? Shall we try argument? + Sir, we have been trying that for the last ten years. Have + we anything new to offer upon the subject? Nothing. We have + held the subject up in every light of which it is capable; + but it has been all in vain. Shall we resort to entreaty, + and humble supplication? What terms shall we find which have + not been already exhausted? + + "'Let us not, I beseech you, sir, deceive ourselves longer. + Sir, we have done everything that could be done to avert the + storm which is now coming on. We have petitioned; we have + remonstrated; we have supplicated; 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 glorious 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.'" + +Up to this point in his address, the orator seems to have spoken with +great deliberation and self-restraint. St. George Tucker, who was +present, and who has left a written statement of his recollections +both of the speech and of the scene, says:-- + + "It was on that occasion that I first felt a full impression + of Mr. Henry's powers. In vain should I attempt to give any + idea of his speech. He was calm and collected; touched upon + the origin and progress of the dispute between Great Britain + and the colonies, the various conciliatory measures adopted + by the latter, and the uniformly increasing tone of violence + and arrogance on the part of the former." + +Then follows, in Tucker's narrative, the passage included in the last +two paragraphs of the speech as given above, after which he adds:-- + + "Imagine to yourself this speech delivered with all the calm + dignity of Cato of Utica; imagine to yourself the Roman + senate assembled in the capitol when it was entered by the + profane Gauls, who at first were awed by their presence as + if they had entered an assembly of the gods; imagine that + you heard that Cato addressing such a senate; imagine that + you saw the handwriting on the wall of Belshazzar's palace; + imagine you heard a voice as from heaven uttering the words, + 'We must fight!' as the doom of fate,--and you may have some + idea of the speaker, the assembly to whom he addressed + himself, and the auditory of which I was one."[156] + +But, by a comparison of this testimony of St. George Tucker with that +of others who heard the speech, it is made evident that, as the orator +then advanced toward the conclusion and real climax of his argument, +he no longer maintained "the calm dignity of Cato of Utica," but that +his manner gradually deepened into an intensity of passion and a +dramatic power which were overwhelming. He thus continued:-- + + "'They tell us, sir, that we are weak,--unable to cope with + so formidable an adversary. But when shall we be stronger? + Will it be the next week, or the next year? Will it be when + we are totally disarmed, and when a British guard shall be + stationed in every house? Shall we gather strength by + irresolution and inaction? Shall we acquire the means of + effectual resistance by lying supinely on our backs, and + hugging the delusive phantom of Hope, until our enemies + shall have bound us hand and foot? + + "'Sir, we are not weak, if we make a proper use of those + means which the God of nature hath placed in our power. + Three millions of people armed in the holy cause of + liberty, and in such a country as that which we possess, are + invincible by any force which our enemy can send against us. + + "'Besides, sir, we shall not fight our battles alone. 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! + + "'It is in vain, sir, to extenuate the matter. Gentlemen may + cry peace, peace, but there is no peace. The war is actually + 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!'" + +Of this tremendous speech there are in existence two traditional +descriptions, neither of which is inconsistent with the testimony +given by St. George Tucker. He, as a lawyer and a judge, seems to have +retained the impression of that portion of the speech which was the +more argumentative and unimpassioned: the two other reporters seem to +have remembered especially its later and more emotional passages. Our +first traditional description was obtained by Henry Stephens Randall +from a clergyman, who had it from an aged friend, also a clergyman, +who heard the speech itself:-- + + "Henry rose with an unearthly fire burning in his eye. He + commenced somewhat calmly, but the smothered excitement + began more and more to play upon his features and thrill in + the tones of his voice. The tendons of his neck stood out + white and rigid like whip-cords. His voice rose louder and + louder, until the walls of the building, and all within + them, seemed to shake and rock in its tremendous vibrations. + Finally, his pale face and glaring eye became terrible to + look upon. Men leaned forward in their seats, with their + heads strained forward, their faces pale, and their eyes + glaring like the speaker's. His last exclamation, 'Give me + liberty, or give me death!' was like the shout of the leader + which turns back the rout of battle. The old man from whom + this tradition was derived added that, 'when the orator sat + down, he himself felt sick with excitement. Every eye yet + gazed entranced on Henry. It seemed as if a word from him + would have led to any wild explosion of violence. Men looked + beside themselves.'"[157] + +The second traditional description of the speech is here given from a +manuscript[158] of Edward Fontaine, who obtained it in 1834 from John +Roane, who himself heard the speech. Roane told Fontaine that the +orator's "voice, countenance, and gestures gave an irresistible force +to his words, which no description could make intelligible to one who +had never seen him, nor heard him speak;" but, in order to convey some +notion of the orator's manner, Roane described the delivery of the +closing sentences of the speech:-- + + "You remember, sir, the conclusion of the speech, so often + declaimed in various ways by school-boys,--'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!' He gave each of these words a meaning which is not + conveyed by the reading or delivery of them in the ordinary + way. When he said, 'Is life so dear, or peace so sweet, as + to be purchased at the price of chains and slavery?' he + stood in the attitude of a condemned galley slave, loaded + with fetters, awaiting his doom. His form was bowed; his + wrists were crossed; his manacles were almost visible as he + stood like an embodiment of helplessness and agony. After a + solemn pause, he raised his eyes and chained hands towards + heaven, and prayed, in words and tones which thrilled every + heart, 'Forbid it, Almighty God!' He then turned towards the + timid loyalists of the House, who were quaking with terror + at the idea of the consequences of participating in + proceedings which would be visited with the penalties of + treason by the British crown; and he slowly bent his form + yet nearer to the earth, and said, 'I know not what course + others may take,' and he accompanied the words with his + hands still crossed, while he seemed to be weighed down with + additional chains. The man appeared transformed into an + oppressed, heart-broken, and hopeless felon. After + remaining in this posture of humiliation long enough to + impress the imagination with the condition of the colony + under the iron heel of military despotism, he arose proudly, + and exclaimed, 'but as for me,'--and the words hissed + through his clenched teeth, while his body was thrown back, + and every muscle and tendon was strained against the fetters + which bound him, and, with his countenance distorted by + agony and rage, he looked for a moment like Laocoön in a + death struggle with coiling serpents; then the loud, clear, + triumphant notes, 'Give me liberty,' electrified the + assembly. It was not a prayer, but a stern demand, which + would submit to no refusal or delay. The sound of his voice, + as he spoke these memorable words, was like that of a + Spartan pćan on the field of Platća; and, as each syllable + of the word 'liberty' echoed through the building, his + fetters were shivered; his arms were hurled apart; and the + links of his chains were scattered to the winds. When he + spoke the word 'liberty' with an emphasis never given it + before, his hands were open, and his arms elevated and + extended; his countenance was radiant; he stood erect and + defiant; while the sound of his voice and the sublimity of + his attitude made him appear a magnificent incarnation of + Freedom, and expressed all that can be acquired or enjoyed + by nations and individuals invincible and free. After a + momentary pause, only long enough to permit the echo of the + word 'liberty' to cease, he let his left hand fall powerless + to his side, and clenched his right hand firmly, as if + holding a dagger with the point aimed at his breast. He + stood like a Roman senator defying Cćsar, while the + unconquerable spirit of Cato of Utica flashed from every + feature; and he closed the grand appeal with the solemn + words, 'or give me death!' which sounded with the awful + cadence of a hero's dirge, fearless of death, and victorious + in death; and he suited the action to the word by a blow + upon the left breast with the right hand, which seemed to + drive the dagger to the patriot's heart."[159] + +Before passing from this celebrated speech, it is proper to say +something respecting the authenticity of the version of it which has +come down to us, and which is now so universally known in America. The +speech is given in these pages substantially as it was given by Wirt +in his "Life of Henry." Wirt himself does not mention whence he +obtained his version; and all efforts to discover that version as a +whole, in any writing prior to Wirt's book, have thus far been +unsuccessful. These facts have led even so genial a critic as Grigsby +to incline to the opinion that "much of the speech published by Wirt +is apocryphal."[160] It would, indeed, be an odd thing, and a source +of no little disturbance to many minds, if such should turn out to be +the case, and if we should have to conclude that an apocryphal speech +written by Wirt, and attributed by him to Patrick Henry fifteen years +after the great orator's death, had done more to perpetuate the renown +of Patrick Henry's oratory than had been done by any and all the words +actually spoken by the orator himself during his lifetime. On the +other hand, it should be said that Grigsby himself admits that "the +outline of the argument" and "some of its expressions" are undoubtedly +"authentic." That this is so is apparent, likewise, from the written +recollections of St. George Tucker, wherein the substance of the +speech is given, besides one entire passage in almost the exact +language of the version by Wirt. Finally, John Roane, in 1834, in his +conversation with Edward Fontaine, is said to have "verified the +correctness of the speech as it was written by Judge Tyler for Mr. +Wirt."[161] This, unfortunately, is the only intimation that has +anywhere been found attributing Wirt's version to the excellent +authority of Judge John Tyler. If the statement could be confirmed, it +would dispel every difficulty at once. But, even though the statement +should be set aside, enough would still remain to justify us in +thinking that Wirt's version of the famous speech by no means deserves +to be called "apocryphal," in any such sense as that word has when +applied, for example, to the speeches in Livy and in Thucydides, or in +Botta. In the first place, Wirt's version certainly gives the +substance of the speech as actually made by Patrick Henry on the +occasion named; and, for the form of it, Wirt seems to have gathered +testimony from all available living witnesses, and then, from such +sentences or snatches of sentences as these witnesses could remember, +as well as from his own conception of the orator's method of +expression, to have constructed the version which he has handed down +to us. Even in that case, it is probably far more accurate and +authentic than are most of the famous speeches attributed to public +characters before reporters' galleries were opened, and before the art +of reporting was brought to its present perfection. + +Returning, now, from this long account of Patrick Henry's most +celebrated speech, to the assemblage in which it was made, it remains +to be mentioned that the resolutions, as offered by Patrick Henry, +were carried; and that the committee, called for by those resolutions, +to prepare a plan for "embodying, arming, and disciplining" the +militia,[162] was at once appointed. Of this committee Patrick Henry +was chairman; and with him were associated Richard Henry Lee, +Nicholas, Harrison, Riddick, Washington, Stephen, Lewis, Christian, +Pendleton, Jefferson, and Zane. On the following day, Friday, the 24th +of March, the committee brought in its report, which was laid over for +one day, and then, after some amendment, was unanimously adopted. + +The convention did not close its labors until Monday, the 27th of +March. The contemporaneous estimate of Patrick Henry, not merely as a +leader in debate, but as a constitutional lawyer, and as a man of +affairs, may be partly gathered from the fact of his connection with +each of the two other important committees of this convention,--the +committee "to inquire whether his majesty may of right advance the +terms of granting lands in this colony,"[163] on which his associates +were the great lawyers, Bland, Jefferson, Nicholas, and Pendleton; and +the committee "to prepare a plan for the encouragement of arts and +manufactures in this colony,"[164] on which his associates were +Nicholas, Bland, Mercer, Pendleton, Cary, Carter of Stafford, +Harrison, Richard Henry Lee, Clapham, Washington, Holt, and Newton. + + +FOOTNOTES: + +[136] For an example of such overstatement, see Wirt, 114-123. See, +also, the damaging comments thereon by Rives, _Life of Madison_, i. +63, 64. + +[137] 4 _Am. Arch._ i. 928. + +[138] 4 _Ibid._ i. 947. + +[139] _Ibid._ + +[140] 4 _Am. Arch._ i. 949, 950. + +[141] _Ibid._ i. 953. + +[142] _Ibid._ 858. + +[143] _Ibid._ i. 963. + +[144] Hildreth, iii. 52. + +[145] 4 _Am. Arch._ i. 1032. + +[146] 4 _Am. Arch._ i. 1022. + +[147] _Ibid._ i. 1145. + +[148] _Ibid._ i. 1254. + +[149] _Ibid._ i. 1062. + +[150] _Ibid._ i. 1139. + +[151] _Ibid._ i. 1171. + +[152] 4 _Am. Arch._ i. 1340. + +[153] 4 _Am. Arch._ ii. 167, 168. + +[154] MS. + +[155] Curtis, _Life of Webster_, i. 585. + +[156] MS. + +[157] Randall, _Life of Jefferson_, i. 101, 102. + +[158] Now in the library of Cornell University. + +[159] MS. + +[160] _Va. Conv. of 1776_, 150, note. + +[161] MS. + +[162] 4 _Am. Arch._ ii. 168. + +[163] 4 _Am. Arch._ ii. 1742. + +[164] _Ibid._ 170. + + + + +CHAPTER X + +THE RAPE OF THE GUNPOWDER + + +Several of the famous men of the Revolution, whose distinction is now +exclusively that of civilians, are supposed to have cherished very +decided military aspirations; to have been rather envious of the more +vivid renown acquired by some of their political associates who left +the senate for the field; and, indeed, to have made occasional efforts +to secure for themselves the opportunity for glory in the same pungent +and fascinating form. A notable example of this class of Revolutionary +civilians with abortive military desires, is John Hancock. In June, +1775, when Congress had before it the task of selecting one who should +be the military leader of the uprisen colonists, John Hancock, seated +in the president's chair, gave unmistakable signs of thinking that the +choice ought to fall upon himself. While John Adams was speaking in +general terms of the military situation, involving, of course, the +need of a commander-in-chief, Hancock heard him "with visible +pleasure;" but when the orator came to point out Washington as the man +best fitted for the leadership, "a sudden and striking change" came +over the countenance of the president. "Mortification and resentment +were expressed as forcibly as his face could exhibit them;"[165] and +it is probable that, to the end of his days, he was never able +entirely to forgive Washington for having carried off the martial +glory that he had really believed to be within his own reach. But even +John Adams, who so pitilessly unveiled the baffled military desires of +Hancock, was perhaps not altogether unacquainted with similar emotions +in his own soul. Fully three weeks prior to that notable scene in +Congress, in a letter to his wife in which he was speaking of the +amazing military spirit then running through the continent, and of the +military appointments then held by several of his Philadelphia +friends, he exclaimed in his impulsive way, "Oh that I were a soldier! +I will be."[166] And on the very day on which he joined in the escort +of the new generals, Washington, Lee, and Schuyler, on their first +departure from Philadelphia for the American camp, he sent off to his +wife a characteristic letter revealing something of the anguish with +which he, a civilian, viewed the possibility of his being at a +disadvantage with these military men in the race for glory:-- + + "The three generals were all mounted on horseback, + accompanied by Major Mifflin, who is gone in the character + of aide-de-camp. All the delegates from the Massachusetts, + with their servants and carriages, attended. Many others of + the delegates from the Congress; a large troop of light + horse in their uniforms; many officers of militia, besides, + in theirs; music playing, etc., etc. Such is the pride and + pomp of war. I, poor creature, worn out with scribbling for + my bread and my liberty, low in spirits and weak in health, + must leave to others to wear the laurels which I have sown; + others to eat the bread which I have earned."[167] + +Of Patrick Henry, however, it may be said that his permanent fame as +an orator and a statesman has almost effaced the memory of the fact +that, in the first year of the war, he had considerable prominence as +a soldier; that it was then believed by many, and very likely by +himself, that, having done as much as any man to bring on the war, he +was next to do as much as any man in the actual conduct of it, and was +thus destined to add to a civil renown of almost unapproached +brilliance, a similar renown for splendid talents in the field. At any +rate, the "first overt act of war" in Virginia, as Jefferson +testifies,[168] was committed by Patrick Henry. The first physical +resistance to a royal governor, which in Massachusetts was made by the +embattled farmers at Lexington and Concord, was made in Virginia +almost as early, under the direction and inspiration of Patrick +Henry's leadership. In the first organization of the Revolutionary +army in Virginia, the chief command was given to Patrick Henry. +Finally, that he never had the opportunity of proving in battle +whether or not he had military talents, and that, after some months of +nominal command, he was driven by a series of official slights into an +abandonment of his military career, may have been occasioned solely by +a proper distrust of his military capacity on the part of the Virginia +Committee of Safety, or it may have been due in some measure to the +unslumbering jealousy of him which was at the time attributed to the +leading members of that committee. The purpose of this chapter, and of +the next, will be to present a rapid grouping of these incidents in +his life,--incidents which now have the appearance of a mere episode, +but which once seemed the possible beginnings of a deliberate and +conspicuous military career. + +Within the city of Williamsburg, at the period now spoken of, had long +been kept the public storehouse for gunpowder and arms. In the dead of +the night[169] preceding the 21st of April, 1775,--a little less than +a month, therefore, after the convention of Virginia had proclaimed +the inevitable approach of a war with Great Britain,--a detachment of +marines from the armed schooner Magdalen, then lying in the James +River, stealthily visited this storehouse, and, taking thence fifteen +half-barrels of gunpowder,[170] carried them off in Lord Dunmore's +wagon to Burwell's Ferry, and put them on board their vessel. Of +course, the news of this exploit flew fast through the colony, and +everywhere awoke alarm and exasperation. Soon some thousands of armed +men made ready to march to the capital to demand the restoration of +the gunpowder. On Tuesday, the 25th of April, the independent company +of Fredericksburg notified their colonel, George Washington, that, +with his approbation, they would be prepared to start for Williamsburg +on the following Saturday, "properly accoutred as light-horsemen," and +in conjunction with "any other bodies of armed men who" might be +"willing to appear in support of the honor of Virginia."[171] + +Similar messages were promptly sent to Washington from the independent +companies of Prince William[172] and Albemarle counties.[173] On +Wednesday, the 26th of April, the men in arms who had already arrived +at Fredericksburg sent to the capital a swift messenger "to inquire +whether the gunpowder had been replaced in the public magazine."[174] +On Saturday, the 29th,--being the day already fixed for the march upon +Williamsburg,--one hundred and two gentlemen, representing fourteen +companies of light-horse, met in council at Fredericksburg, and, after +considering a letter from the venerable Peyton Randolph which their +messenger had brought back with him, particularly Randolph's assurance +that the affair of the gunpowder was to be satisfactorily arranged, +came to the resolution that they would proceed no further at that +time; adding, however, this solemn declaration: "We do now pledge +ourselves to each other to be in readiness, at a moment's warning, to +reassemble, and by force of arms to defend the law, the liberty, and +rights of this or any sister colony from unjust and wicked +invasion."[175] + +It is at this point that Patrick Henry comes upon the scene. Thus far, +during the trouble, he appears to have been watching events from his +home in Hanover County. As soon, however, as word was brought to him +of the tame conclusion thus reached by the assembled warriors at +Fredericksburg, his soul took fire at the lamentable mistake which he +thought they had made. To him it seemed on every account the part of +wisdom that the blow, which would have to be "struck sooner or later, +should be struck at once, before an overwhelming force should enter +the colony;" that the spell by which the people were held in a sort of +superstitious awe of the governor should be broken; "that the military +resources of the country should be developed;" that the people should +be made to "see and feel their strength by being brought out together; +that the revolution should be set in actual motion in the colony; that +the martial prowess of the country should be awakened, and the +soldiery animated by that proud and resolute confidence which a +successful enterprise in the commencement of a contest never fails to +inspire."[176] + +Accordingly, he resolved that, as the troops lately rendezvoused at +Fredericksburg had forborne to strike this needful blow, he would +endeavor to repair the mistake by striking it himself. At once, +therefore, he despatched expresses to the officers and men of the +independent company of his own county, "requesting them to meet him in +arms at New Castle on the second of May, on business of the highest +importance to American liberty."[177] He also summoned the county +committee to meet him at the same time and place. + +At the place and time appointed his neighbors were duly assembled; and +when he had laid before them, in a speech of wonderful eloquence, his +view of the situation, they instantly resolved to put themselves under +his command, and to march at once to the capital, either to recover +the gunpowder itself, or to make reprisals on the king's property +sufficient to replace it. Without delay the march began, Captain +Patrick Henry leading. By sunset of the following day, they had got as +far as to Doncastle's Ordinary, about sixteen miles from Williamsburg, +and there rested for the night. Meantime, the news that Patrick Henry +was marching with armed men straight against Lord Dunmore, to demand +the restoration of the gunpowder or payment for it, carried +exhilaration or terror in all directions. On the one hand, many +prudent and conservative gentlemen were horrified at his rashness, +and sent messenger after messenger to beg him to stay his fearful +proceeding, to turn about, and to go home.[178] On the other hand, as +the word flew from county to county that Patrick Henry had taken up +the people's cause in this vigorous fashion, five thousand men sprang +to arms, and started across the country to join the ranks of his +followers, and to lend a hand in case of need. At Williamsburg, the +rumor of his approach brought on a scene of consternation. The wife +and family of Lord Dunmore were hurried away to a place of safety. +Further down the river, the commander of his majesty's ship Fowey was +notified that "his excellency the Lord Dunmore, governor of Virginia," +was "threatened with an attack at daybreak, ... at his palace at +Williamsburg;" and for his defence was speedily sent off a detachment +of marines.[179] Before daybreak, however, the governor seems to have +come to the prudent decision to avert, by a timely settlement with +Patrick Henry, the impending attack; and accordingly, soon after +daybreak, a messenger arrived at Doncastle's Ordinary, there to tender +immediate satisfaction in money for the gunpowder that had been +ravished away.[180] The troops, having already resumed their march, +were halted; and soon a settlement of the trouble was effected, +according to the terms of the following singular document:-- + + DONCASTLE'S ORDINARY, NEW KENT, May 4, 1775. + + Received from the Honorable Richard Corbin, Esq., his + majesty's receiver-general, Ł330, as a compensation for the + gunpowder lately taken out of the public magazine by the + governor's order; which money I promise to convey to the + Virginia delegates at the General Congress, to be under + their direction laid out in gunpowder for the colony's use, + and to be stored as they shall direct, until the next colony + convention or General Assembly; unless it shall be + necessary, in the mean time, to use the same in defence of + this colony. It is agreed, that in case the next convention + shall determine that any part of the said money ought to be + returned to his majesty's receiver-general, that the same + shall be done accordingly. + + PATRICK HENRY, JUNIOR.[181] + +The chief object for which Patrick Henry and his soldiers had taken +the trouble to come to that place having been thus suddenly +accomplished, there was but one thing left for them to do before they +should return to their homes. Robert Carter Nicholas, the treasurer of +the colony, was at Williamsburg; and to him Patrick Henry at once +despatched a letter informing him of the arrangement that had been +made, and offering to him any protection that he might in consequence +require:-- + + May 4, 1775. + + SIR,--The affair of the powder is now settled, so as to + produce satisfaction in me, and I earnestly wish to the + colony in general. The people here have it in charge from + the Hanover committee, to tender their services to you as a + public officer, for the purpose of escorting the public + treasury to any place in this colony where the money would + be judged more safe than in the city of Williamsburg. The + reprisal now made by the Hanover volunteers, though + accomplished in a manner least liable to the imputation of + violent extremity, may possibly be the cause of future + injury to the treasury. If, therefore, you apprehend the + least danger, a sufficient guard is at your service. I beg + the return of the bearer may be instant, because the men + wish to know their destination. + + With great regard, I am, sir, + Your most humble servant, + PATRICK HENRY, JUNIOR. + + TO ROBERT CARTER NICHOLAS, Esq., Treasurer.[182] + +Patrick Henry's desire for an immediate answer from the respectable +Mr. Nicholas was gratified, although it came in the form of a +dignified rebuff: Mr. Nicholas "had no apprehension of the necessity +or propriety of the proffered service."[183] + +No direct communication seems to have been had at that time with Lord +Dunmore; but two days afterward his lordship, having given to Patrick +Henry ample time to withdraw to a more agreeable distance, sent +thundering after him this portentous proclamation:-- + + Whereas I have been informed from undoubted authority that a + certain Patrick Henry, of the county of Hanover, and a + number of deluded followers, have taken up arms, chosen + their officers, and styling themselves an independent + company, have marched out of their county, encamped, and put + themselves in a posture of war, and have written and + dispatched letters to divers parts of the country, exciting + the people to join in these outrageous and rebellious + practices, to the great terror of all his majesty's faithful + subjects, and in open defiance of law and government; and + have committed other acts of violence, particularly in + extorting from his majesty's receiver-general the sum of + three hundred and thirty pounds, under pretence of replacing + the powder I thought proper to order from the magazine; + whence it undeniably appears that there is no longer the + least security for the life or property of any man: + wherefore, I have thought proper, with the advice of his + majesty's council, and in his majesty's name, to issue this + my proclamation, strictly charging all persons, upon their + allegiance, not to aid, abet, or give countenance to the + said Patrick Henry, or any other persons concerned in such + unwarrantable combinations, but on the contrary to oppose + them and their designs by every means; which designs must, + otherwise, inevitably involve the whole country in the most + direful calamity, as they will call for the vengeance of + offended majesty and the insulted laws to be exerted here, + to vindicate the constitutional authority of government. + + Given under my hand and the seal of the colony, at + Williamsburg, this 6th day of May, 1775, and in the + fifteenth year of his majesty's reign. + + DUNMORE. + + God save the king.[184] + +Beyond question, there were in Virginia at that time many excellent +gentlemen who still trusted that the dispute with Great Britain might +be composed without bloodshed, and to whom Patrick Henry's conduct in +this affair must have appeared foolhardy, presumptuous, and even +criminal. The mass of the people of Virginia, however, did not incline +to take that view of the subject. They had no faith any longer in +timid counsels, in hesitating measures. They believed that their most +important earthly rights were in danger. They longed for a leader with +vigor, promptitude, courage, caring less for technical propriety than +for justice, and not afraid to say so, by word or deed, to Lord +Dunmore and to Lord Dunmore's master. Such a leader they thought they +saw in Patrick Henry. Accordingly, even on his march homeward from +Doncastle's Ordinary, the heart of Virginia began to go forth to him +in expressions of love, of gratitude, and of homage, such as no +American colonist perhaps had ever before received. Upon his return +home, his own county greeted him with its official approval.[185] On +the 8th of May, the county of Louisa sent him her thanks;[186] and on +the following day, messages to the same effect were sent from the +counties of Orange and Spottsylvania.[187] On the 19th of May, an +address "to the inhabitants of Virginia," under the signature of +"Brutus," saluted Patrick Henry as "his country's and America's +unalterable and unappalled great advocate and friend."[188] On the 22d +of May, Prince William County declared its thanks to be "justly due to +Captain Patrick Henry, and the gentlemen volunteers who attended him, +for their proper and spirited conduct."[189] On the 26th of May, +Loudoun County declared its cordial approval.[190] On the 9th of June, +the volunteer company of Lancaster County resolved "that every member +of this company do return thanks to the worthy Captain Patrick Henry +and the volunteer company of Hanover, for their spirited conduct on a +late expedition, and they are determined to protect him from any +insult that may be offered him, on that account, at the risk of life +and fortune."[191] On the 19th of June, resolutions of gratitude and +confidence were voted by the counties of Prince Edward and of +Frederick, the latter saying:-- + + "We should blush to be thus late in our commendations of, + and thanks to, Patrick Henry, Esquire, for his patriotic and + spirited behavior in making reprisals for the powder so + unconstitutionally ... taken from the public magazine, could + we have entertained a thought that any part of the colony + would have condemned a measure calculated for the benefit of + the whole; but as we are informed this is the case, we beg + leave ... to assure that gentleman that we did from the + first, and still do, most cordially approve and commend his + conduct in that affair. The good people of this county will + never fail to approve and support him to the utmost of their + powers in every action derived from so rich a source as the + love of his country. We heartily thank him for stepping + forth to convince the tools of despotism that freeborn men + are not to be intimidated, by any form of danger, to submit + to the arbitrary acts of their rulers."[192] + +On the 10th of July, the county of Fincastle prolonged the strain of +public affection and applause by assuring Patrick Henry that it would +support and justify him at the risk of life and fortune.[193] + +In the mean time, the second Continental Congress had already convened +at Philadelphia, beginning its work on the 10th of May. The journal +mentions the presence, on that day, of all the delegates from +Virginia, excepting Patrick Henry, who, of course, had been delayed in +his preparations for the journey by the events which we have just +described. Not until the 11th of May was he able to set out from his +home; and he was then accompanied upon his journey, to a point beyond +the borders of the colony, by a spontaneous escort of armed men,--a +token, not only of the popular love for him, but of the popular +anxiety lest Dunmore should take the occasion of an unprotected +journey to put him under arrest. "Yesterday," says a document dated +at Hanover, May the 12th, 1775, "Patrick Henry, one of the delegates +for this colony, escorted by a number of respectable young gentlemen, +volunteers from this and King William and Caroline counties, set out +to attend the General Congress. They proceeded with him as far as Mrs. +Hooe's ferry, on the Potomac, by whom they were most kindly and +hospitably entertained, and also provided with boats and hands to +cross the river; and after partaking of this lady's beneficence, the +bulk of the company took their leave of Mr. Henry, saluting him with +two platoons and repeated huzzas. A guard accompanied that worthy +gentleman to the Maryland side, who saw him safely landed; and +committing him to the gracious and wise Disposer of all human events, +to guide and protect him whilst contending for a restitution of our +dearest rights and liberties, they wished him a safe journey, and +happy return to his family and friends."[194] + + +FOOTNOTES: + +[165] _Works of John Adams_, ii. 415-417. + +[166] _Letters of John Adams to his Wife_, i. 40. + +[167] _Letters of John Adams to his Wife_, i. 47, 48. + +[168] _Works of Jefferson_, i. 116. + +[169] 4 _Am. Arch._ ii. 1227. + +[170] _Ibid._ iii. 390. + +[171] 4 _Am. Arch._ ii. 387. + +[172] _Ibid._ ii. 395. + +[173] _Ibid._ ii. 442, 443. + +[174] _Ibid._ ii. 426. + +[175] 4 _Am. Arch._ ii. 443. + +[176] Patrick Henry's reasons were thus stated by him at the time to +Colonel Richard Morris and Captain George Dabney, and by the latter +were communicated to Wirt, 136, 137. + +[177] Wirt, 137, 138. + +[178] Wirt, 141. + +[179] 4 _Am. Arch._ ii. 504 + +[180] Cooke, _Virginia_, 432. + +[181] 4 _Am. Arch._ ii. 540. + +[182] 4 _Am. Arch._ ii. 541. + +[183] _Ibid._ + +[184] 4 _Am. Arch._ ii. 516. + +[185] 4 _Am. Arch._ ii. 540, 541. + +[186] _Ibid._ ii. 529. + +[187] _Ibid._ ii. 539, 540. + +[188] 4 _Am. Arch._ ii. 641. + +[189] _Ibid._ ii. 667. + +[190] _Ibid._ ii. 710, 711. + +[191] _Ibid._ ii. 938. + +[192] 4 _Am. Arch._ ii. 1024. + +[193] _Ibid._ ii. 1620, 1621. For notable comments on Patrick Henry's +"striking and lucky _coup de main_," see Rives, _Life of Madison_, i. +93, 94; _Works of Jefferson_, i. 116, 117; Charles Mackay, _Founders +of the American Republic_, 232-234; 327. + +[194] 4 _Am. Arch._ ii. 541. + + + + +CHAPTER XI + +IN CONGRESS AND IN CAMP + + +On Thursday, the 18th of May, Patrick Henry took his seat in the +second Continental Congress; and he appears thenceforward to have +continued in attendance until the very end of the session, which +occurred on the 1st of August. From the official journal of this +Congress, it is impossible to ascertain the full extent of any +member's participation in its work. Its proceedings were transacted in +secret; and only such results were announced to the public as, in the +opinion of Congress, it was desirable that the public should know. +Then, too, from the private correspondence and the diaries of its +members but little help can be got. As affecting Patrick Henry, almost +the only non-official testimony that has been found is that of +Jefferson, who, however, did not enter this Congress until its session +was half gone, and who, forty years afterward, wrote what he probably +supposed to be his recollections concerning his old friend's +deportment and influence in that body:-- + + "I found Mr. Henry to be a silent and almost unmeddling + member in Congress. On the original opening of that body, + while general grievances were the topic, he was in his + element, and captivated all by his bold and splendid + eloquence. But as soon as they came to specific matters, to + sober reasoning and solid argumentation, he had the good + sense to perceive that his declamation, however excellent in + its proper place, had no weight at all in such an assembly + as that, of cool-headed, reflecting, judicious men. He + ceased, therefore, in a great measure, to take any part in + the business. He seemed, indeed, very tired of the place, + and wonderfully relieved when, by appointment of the + Virginia convention to be colonel of their first regiment, + he was permitted to leave Congress about the last of + July."[195] + +Perhaps the principal value of this testimony is to serve as an +illustration of the extreme fragility of any man's memory respecting +events long passed, even in his own experience. Thus, Jefferson here +remembers how "wonderfully relieved" Patrick Henry was at being +"permitted to leave Congress" on account of his appointment by the +Virginia convention "to be colonel of their first regiment." But, from +the official records of the time, it can now be shown that neither of +the things which Jefferson thus remembers, ever had any existence in +fact. In the first place, the journal of the Virginia convention[196] +indicates that Patrick Henry's appointment as colonel could not have +been the occasion of any such relief from congressional duties as +Jefferson speaks of; for that appointment was not made until five +days after Congress itself had adjourned, when, of course, Patrick +Henry and his fellow delegates, including Jefferson, were already far +advanced on their journey back to Virginia. In the second place, the +journal of Congress[197] indicates that Patrick Henry had no such +relief from congressional duties, on any account, but was bearing his +full share in its business, even in the plainest and most practical +details, down to the very end of the session. + +Any one who now recalls the tremendous events that were taking place +in the land while the second Continental Congress was in session, and +the immense questions of policy and of administration with which it +had to deal, will find it hard to believe that its deliberations were +out of the range of Patrick Henry's sympathies or capacities, or that +he could have been the listless, speechless, and ineffective member +depicted by the later pen of Jefferson. When that Congress first came +together, the blood was as yet hardly dry on the grass in Lexington +Common; on the very morning on which its session opened, the colonial +troops burst into the stronghold at Ticonderoga; and when the session +had lasted but six weeks, its members were conferring together over +the ghastly news from Bunker Hill. The organization of some kind of +national government for thirteen colonies precipitated into a state of +war; the creation of a national army; the selection of a +commander-in-chief, and of the officers to serve under him; the +hurried fortification of coasts, harbors, cities; the supply of the +troops with clothes, tents, weapons, ammunition, food, medicine; +protection against the Indian tribes along the frontier of nearly +every colony; the goodwill of the people of Canada, and of Jamaica; a +solemn, final appeal to the king and to the people of England; an +appeal to the people of Ireland; finally, a grave statement to all +mankind of "the causes and necessity of their taking up arms,"--these +were among the weighty and soul-stirring matters which the second +Continental Congress had to consider and to decide upon. For any man +to say, forty years afterward, even though he say it with all the +authority of the renown of Thomas Jefferson, that, in the presence of +such questions, the spirit of Patrick Henry was dull or unconcerned, +and that, in a Congress which had to deal with such questions, he was +"a silent and almost unmeddling member," is to put a strain upon human +confidence which it is unable to bear. + +The formula by which the daily labors of this Congress are frequently +described in its own journal is, that "Congress met according to +adjournment, and, agreeable to the order of the day, again resolved +itself into a committee of the whole to take into consideration the +state of America; and after some time spent therein, the president +resumed the chair, and Mr. Ward, from the committee, reported that +they had proceeded in the business, but, not having completed it, +desired him to move for leave to sit again."[198] And although, from +the beginning to the end of the session, no mention is made of any +word spoken in debate by any member, we can yet glean, even from that +meagre record, enough to prove that upon Patrick Henry was laid about +as much labor in the form of committee-work as upon any other member +of the House,--a fair test, it is believed, of any man's zeal, +industry, and influence in any legislative body. + +Further, it will be noted that the committee-work to which he was thus +assigned was often of the homeliest and most prosaic kind, calling not +for declamatory gifts, but for common sense, discrimination, +experience, and knowledge of men and things. He seems, also, to have +had special interest and authority in the several anxious phases of +the Indian question as presented by the exigencies of that awful +crisis, and to have been placed on every committee that was appointed +to deal with any branch of the subject. Thus, on the 16th of June, he +was placed with General Schuyler, James Duane, James Wilson, and +Philip Livingston, on a committee "to take into consideration the +papers transmitted from the convention of New York, relative to Indian +affairs, and report what steps, in their opinion, are necessary to be +taken for securing and preserving the friendship of the Indian +nations."[199] On the 19th of June, he served with John Adams and +Thomas Lynch on a committee to inform Charles Lee of his appointment +as second major-general; and when Lee's answer imported that his +situation and circumstances as a British officer required some further +and very careful negotiations with Congress, Patrick Henry was placed +upon the special committee to which this delicate business was +intrusted.[200] On the 21st of June, the very day on which, according +to the journal, "Mr. Thomas Jefferson appeared as a delegate for the +colony of Virginia, and produced his credentials," his colleague, +Patrick Henry, rose in his place and stated that Washington "had put +into his hand sundry queries, to which he desired the Congress would +give an answer." These queries necessarily involved subjects of +serious concern to the cause for which they were about to plunge into +war, and would certainly require for their consideration "cool-headed, +reflecting, and judicious men." The committee appointed for the +purpose consisted of Silas Deane, Patrick Henry, John Rutledge, Samuel +Adams, and Richard Henry Lee.[201] On the 10th of July, "Mr. Alsop +informed the Congress that he had an invoice of Indian goods, which a +gentleman in this town had delivered to him, and which the said +gentleman was willing to dispose of to the Congress." The committee +"to examine the said invoice and report to the Congress" was composed +of Philip Livingston, Patrick Henry, and John Alsop.[202] On the 12th +of July, it was resolved to organize three departments for the +management of Indian affairs, the commissioners to "have power to +treat with the Indians in their respective departments, in the name +and on behalf of the United Colonies, in order to preserve peace and +friendship with the said Indians, and to prevent their taking any part +in the present commotions." On the following day the commissioners for +the middle department were elected, namely, Franklin, Patrick Henry, +and James Wilson.[203] On the 17th of July, a committee was appointed +to negotiate with the Indian missionary, the Rev. Samuel Kirkland, +respecting his past and future services among the Six Nations, "in +order to secure their friendship, and to continue them in a state of +neutrality with respect to the present controversy between Great +Britain and these colonies." This committee consisted of Thomas +Cushing, Patrick Henry, and Silas Deane.[204] Finally, on the 31st of +July, next to the last day of the session, a committee consisting of +one member for each colony was appointed to serve in the recess of +Congress, for the very practical and urgent purpose of inquiring "in +all the colonies after virgin lead and leaden ore, and the best +methods of collecting, smelting, and refining it;" also, after "the +cheapest and easiest methods of making salt in these colonies." This +was not a committee on which any man could be useful who had only +"declamation" to contribute to its work; and the several colonies +were represented upon it by their most sagacious and their weightiest +men,--as New Hampshire by Langdon, Massachusetts by John Adams, Rhode +Island by Stephen Hopkins, Pennsylvania by Franklin, Delaware by +Rodney, South Carolina by Gadsden, Virginia by Patrick Henry.[205] + +On the day on which this committee was appointed, Patrick Henry wrote +to Washington, then at the headquarters of the army near Boston, a +letter which denoted on the part of the writer a perception, unusual +at that time, of the gravity and duration of the struggle on which the +colonies were just entering:-- + + PHILADELPHIA, July 31st, 1775. + + SIR,--Give me leave to recommend the bearer, Mr. Frazer, + to your notice and regard. He means to enter the American + camp, and there to gain that experience, of which the + general cause may be avail'd. It is my earnest wish that + many Virginians might see service. It is not unlikely that + in the fluctuation of things our country may have occasion + for great military exertions. For this reason I have taken + the liberty to trouble you with this and a few others of the + same tendency. The public good which you, sir, have so + eminently promoted, is my only motive. That you may enjoy + the protection of Heaven and live long and happy is the + ardent wish of, + + Sir, + Yr. mo. obt. hbl. serv., + P. HENRY, JR.[206] + + His Excellency, GENL. WASHINGTON. + +On the following day Congress adjourned. As soon as possible after its +adjournment, the Virginia delegates seem to have departed for home, to +take their places in the convention then in session at Richmond; for +the journal of that convention mentions that on Wednesday, August the +9th, "Patrick Henry, Edmund Pendleton, Benjamin Harrison, and Thomas +Jefferson, Esquires, appeared in convention, and took their +seats."[207] On the next day an incident occurred in the convention +implying that Patrick Henry, during his absence in Congress, had been +able to serve his colony by other gifts as well as by those of "bold +and splendid eloquence:" it was resolved that "the powder purchased by +Patrick Henry, Esquire, for the use of this colony, be immediately +sent for."[208] On the day following that, the convention resolved +unanimously that "the thanks of this convention are justly due to his +excellency, George Washington, Esquire, Patrick Henry, and Edmund +Pendleton, Esquires, three of the worthy delegates who represented +this colony in the late Continental Congress, for their faithful +discharge of that important trust; and this body are only induced to +dispense with their future services of the like kind, by the +appointment of the two former to other offices in the public service, +incompatible with their attendance on this, and the infirm state of +health of the latter."[209] + +Of course, the two appointments here referred to are of Washington as +commander-in-chief of the forces of the United Colonies, and of +Patrick Henry as commander-in-chief of the forces of Virginia,--the +latter appointment having been made by the Virginia convention on the +5th of August. The commission, which passed the convention on the 28th +of that month, constituted Patrick Henry "colonel of the first +regiment of regulars, and commander-in-chief of all the forces to be +raised for the protection and defence of this colony;" and while it +required "all officers and soldiers, and every person whatsoever, in +any way concerned, to be obedient" to him, "in all things touching the +due execution of this commission," it also required him to be obedient +to "all orders and instructions which, from time to time," he might +"receive from the convention or Committee of Safety."[210] +Accordingly, Patrick Henry's control of military proceedings in +Virginia was, as it proved, nothing more than nominal: it was a +supreme command on paper, tempered in actual experience by the +incessant and distrustful interference of an ever-present body of +civilians, who had all power over him. + +A newspaper of Williamsburg for the 23d of September announces the +arrival there, two days before, of "Patrick Henry, Esquire, +commander-in-chief of the Virginia forces. He was met and escorted to +town by the whole body of volunteers, who paid him every mark of +respect and distinction in their power."[211] Thereupon he inspected +the grounds about the city; and as a place suitable for the +encampment, he fixed upon a site in the rear of the College of William +and Mary. Soon troops began to arrive in considerable numbers, and to +prepare themselves for whatever service might be required of +them.[212] There was, however, a sad lack of arms and ammunition. On +the 15th of October, Pendleton, who was at the head of the Committee +of Safety, gave this account of the situation in a letter to Richard +Henry Lee, then in Congress at Philadelphia:-- + + "Had we arms and ammunition, it would give vigor to our + measures.... Nine companies of regulars are here, and seem + very clever men; others, we hear, are ready, and only wait + to collect arms. Lord Dunmore's forces are only one hundred + and sixty as yet, intrenched at Gosport, and supported by + the ships drawn up before that and Norfolk."[213] + +On the 30th of November, Lord Dunmore, who had been compelled by the +smallness of his land force to take refuge upon his armed vessels off +the coast, thus described the situation, in a letter to General Sir +William Howe, then in command at Boston:-- + + "I must inform you that with our little corps, I think we + have done wonders. We have taken and destroyed above four + score pieces of ordnance, and, by landing in different parts + of the country, we keep them in continual hot water.... + Having heard that a thousand chosen men belonging to the + rebels, great part of whom were riflemen, were on their + march to attack us here, or to cut off our provisions, I + determined to take possession of the pass at the Great + Bridge, which secures us the greatest part of two counties + to supply us with provisions. I accordingly ordered a + stockade fort to be erected there, which was done in a few + days; and I put an officer and twenty-five men to garrison + it, with some volunteers and negroes, who have defended it + against all the efforts of the rebels for these eight days. + We have killed several of their men; and I make no doubt we + shall now be able to maintain our ground there; but should + we be obliged to abandon it, we have thrown up an + intrenchment on the land side of Norfolk, which I hope they + will never be able to force. Here we are, with only the + small part of a regiment contending against the extensive + colony of Virginia."[214] + +But who were these "thousand chosen men belonging to the rebels," who, +on their march to attack Lord Dunmore at Norfolk, had thus been held +in check by his little fort at the Great Bridge? We are told by +Dunmore himself that they were Virginia troops. But why was not +Patrick Henry in immediate command of them? Why was Patrick Henry held +back from this service,--the only active service then to be had in the +field? And why was the direction of this important enterprise given to +his subordinate, Colonel William Woodford, of the second regiment? +There is abundant evidence that Patrick Henry had eagerly desired to +conduct this expedition; that he had even solicited the Committee of +Safety to permit him to do so; but that they, distrusting his military +capacity, overruled his wishes, and gave this fine opportunity for +military distinction to the officer next below him in command. +Moreover, no sooner had Colonel Woodford departed upon the service, +than he began to ignore altogether the commander-in-chief, and to make +his communications directly to the Committee of Safety,--a course in +which he was virtually sustained by that body, on appeal being made to +them. Furthermore, on the 9th of December, Colonel Woodford won a +brilliant victory over the enemy at the Great Bridge,[215] thus +apparently justifying to the public the wisdom of the committee in +assigning the work to him, and also throwing still more into the +background the commander-in-chief, who was then chafing in camp over +his enforced retirement from this duty. But this was not the only cup +of humiliation which was pressed to his lips. Not long afterward, +there arrived at the seat of war a few hundred North Carolina troops, +under command of Colonel Robert Howe; and the latter, with the full +consent of Woodford, at once took command of their united forces, and +thenceforward addressed his official letters solely to the convention +of Virginia, or to the Committee of Safety, paying not the slightest +attention to the commander-in-chief.[216] Finally, on the 28th of +December, Congress decided to raise in Virginia six battalions to be +taken into continental pay;[217] and, by a subsequent vote, it +likewise resolved to include within these six battalions the first and +the second Virginia regiments already raised.[218] A commission was +accordingly sent to Patrick Henry as colonel of the first Virginia +battalion,[219]--an official intimation that the expected commission +of a brigadier-general for Virginia was to be given to some one else. + +On receiving this last affront, Patrick Henry determined to lay down +his military appointments, which he did on the 28th of February, 1776, +and at once prepared to leave the camp. As soon as this news got +abroad among the troops, they all, according to a contemporary +account,[220] "went into mourning, and, under arms, waited on him at +his lodgings," when his officers presented to him an affectionate +address:-- + + TO PATRICK HENRY, JUNIOR, ESQUIRE: + + Deeply impressed with a grateful sense of the obligations we + lie under to you for the polite, humane, and tender + treatment manifested to us throughout the whole of your + conduct, while we have had the honor of being under your + command, permit us to offer to you our sincere thanks, as + the only tribute we have in our power to pay to your real + merits. Notwithstanding your withdrawing yourself from + service fills us with the most poignant sorrow, as it at + once deprives us of our father and general, yet, as + gentlemen, we are compelled to applaud your spirited + resentment to the most glaring indignity. May your merit + shine as conspicuous to the world in general as it hath done + to us, and may Heaven shower its choicest blessings upon + you. + + WILLIAMSBURG, February 29, 1776. + +His reply to this warm-hearted message was in the following words:-- + + GENTLEMEN,--I am extremely obliged to you for your + approbation of my conduct. Your address does me the highest + honor. This kind testimony of your regard to me would have + been an ample reward for services much greater than I have + had the power to perform. I return you, and each of you, + gentlemen, my best acknowledgments for the spirit, alacrity, + and zeal you have constantly shown in your several stations. + I am unhappy to part with you. I leave the service, but I + leave my heart with you. May God bless you, and give you + success and safety, and make you the glorious instruments of + saving our country.[221] + +The grief and indignation thus exhibited by the officers who had +served under Patrick Henry soon showed itself in a somewhat violent +manner among the men. The "Virginia Gazette" for that time states +that, "after the officers had received Colonel Henry's kind answer to +their address, they insisted upon his dining with them at the Raleigh +Tavern, before his departure; and after the dinner, a number of them +proposed escorting him out of town, but were prevented by some +uneasiness getting among the soldiery, who assembled in a tumultuous +manner and demanded their discharge, and declared their unwillingness +to serve under any other commander. Upon which Colonel Henry found it +necessary to stay a night longer in town, which he spent in visiting +the several barracks; and used every argument in his power with the +soldiery to lay aside their imprudent resolution, and to continue in +the service, which he had quitted from motives in which his honor +alone was concerned."[222] Moreover, several days after he had left +the camp altogether and had returned to his home, he was followed by +an address signed by ninety officers belonging not only to his own +regiment, but to that of Colonel Woodford,--a document which has no +little value as presenting strongly one side of contemporary military +opinion respecting Patrick Henry's career as a soldier, and the +treatment to which he had been subjected. + + SIR,--Deeply concerned for the good of our country, we + sincerely lament the unhappy necessity of your resignation, + and with all the warmth of affection assure you that, + whatever may have given rise to the indignity lately offered + to you, we join with the general voice of the people, and + think it our duty to make this public declaration of our + high respect for your distinguished merit. To your vigilance + and judgment, as a senator, this United Continent bears + ample testimony, while she prosecutes her steady opposition + to those destructive ministerial measures which your + eloquence first pointed out and taught to resent, and your + resolution led forward to resist. To your extensive + popularity the service, also, is greatly indebted for the + expedition with which the troops were raised; and while they + were continued under your command, the firmness, candor, and + politeness, which formed the complexion of your conduct + towards them, obtained the signal approbation of the wise + and virtuous, and will leave upon our minds the most + grateful impression. + + Although retired from the immediate concerns of war, we + solicit the continuance of your kindly attention. We know + your attachment to the best of causes; we have the fullest + confidence in your abilities, and in the rectitude of your + views; and, however willing the envious may be to undermine + an established reputation, we trust the day will come when + justice shall prevail, and thereby secure you an honorable + and happy return to the glorious employment of conducting + our councils and hazarding your life in the defence of your + country.[223] + +The public agitation over the alleged wrong which had thus been done +to Patrick Henry during his brief military career, and which had +brought that career to its abrupt and painful close, seems to have +continued for a considerable time. Throughout the colony the blame was +openly and bluntly laid upon the Committee of Safety, who, on account +of envy, it was said, had tried "to bury in obscurity his martial +talents."[224] On the other hand, the course pursued by that +committee was ably defended by many, on the ground that Patrick Henry, +with all his great gifts for civil life, really had no fitness for a +leading military position. One writer asserted that even in the +convention which had elected Patrick Henry as commander-in-chief, it +was objected that "his studies had been directed to civil and not to +military pursuits; that he was totally unacquainted with the art of +war, and had no knowledge of military discipline; and that such a +person was very unfit to be at the head of troops who were likely to +be engaged with a well-disciplined army, commanded by experienced and +able generals."[225] In the very middle of the period of his nominal +military service, this opinion of his unfitness was still more +strongly urged by the chairman of the Committee of Safety, who, on the +24th of December, 1775, said in a letter to Colonel Woodford:-- + + "Believe me, sir, the unlucky step of calling that gentleman + from our councils, where he was useful, into the field, in + an important station, the duties of which he must, in the + nature of things, be an entire stranger to, has given me + many an anxious and uneasy moment. In consequence of this + mistaken step, which can't now be retracted or + remedied,--for he has done nothing worthy of degradation, + and must keep his rank,--we must be deprived of the service + of some able officers, whose honor and former ranks will not + suffer them to act under him in this juncture, when we so + much need their services."[226] + +This seems to have been, in substance, the impression concerning +Patrick Henry held at that time by at least two friendly and most +competent observers, who were then looking on from a distance, and +who, of course, were beyond the range of any personal or partisan +prejudice upon the subject. Writing from Cambridge, on the 7th of +March, 1776, before he had received the news of Henry's resignation, +Washington said to Joseph Reed, then at Philadelphia: "I think my +countrymen made a capital mistake when they took Henry out of the +senate to place him in the field; and pity it is that he does not see +this, and remove every difficulty by a voluntary resignation."[227] On +the 15th of that month, Reed, in reply, gave to Washington this bit of +news: "We have some accounts from Virginia that Colonel Henry has +resigned in disgust at not being made a general officer; but it rather +gives satisfaction than otherwise, as his abilities seem better +calculated for the senate than the field."[228] + +Nevertheless, in all these contemporary judgments upon the alleged +military defects of Patrick Henry, no reader can now fail to note an +embarrassing lack of definiteness, and a tendency to infer that, +because that great man was so great in civil life, as a matter of +course, he could not be great, also, in military life,--a proposition +that could be overthrown by numberless historical examples to the +contrary. It would greatly aid us if we could know precisely what, in +actual experience, were the defects found in Patrick Henry as a +military man, and precisely how these defects were exhibited by him in +the camp at Williamsburg. In the writings of that period, no +satisfaction upon this point seems thus far to have been obtained. +There is, however, a piece of later testimony, derived by authentic +tradition from a prominent member of the Virginia Committee of Safety, +which really helps one to understand what may have been the exact +difficulty with the military character of Patrick Henry, and just why, +also, it could not be more plainly stated at the time. Clement +Carrington, a son of Paul Carrington, told Hugh Blair Grigsby that the +real ground of the action of the Committee of Safety "was the want of +discipline in the regiment under the command of Colonel Henry. None +doubted his courage, or his alacrity to hasten to the field; but it +was plain that he did not seem to be conscious of the importance of +strict discipline in the army, but regarded his soldiers as so many +gentlemen who had met to defend their country, and exacted from them +little more than the courtesy that was proper among equals. To have +marched to the sea-board at that time with a regiment of such men, +would have been to insure their destruction; and it was a thorough +conviction of this truth that prompted the decision of the +committee."[229] + +Yet, even with this explanation, the truth remains that Patrick +Henry, as commander-in-chief of the Virginia forces, never was +permitted to take command, or to see any real service in the field, or +to look upon the face of an armed enemy, or to show, in the only way +in which it could be shown, whether or not he had the gifts of a +military leader in action. As an accomplished and noble-minded +Virginian of our own time has said:-- + + "It may be doubted whether he possessed those qualities + which make a wary partisan, and which are so often possessed + in an eminent degree by uneducated men. Regular fighting + there was none in the colony, until near the close of the + war.... The most skilful partisan in the Virginia of that + day, covered as it was with forests, cut up by streams, and + beset by predatory bands, would have been the Indian + warrior; and as a soldier approached that model, would he + have possessed the proper tactics for the time. That Henry + would not have made a better Indian fighter than Jay, or + Livingston, or the Adamses, that he might not have made as + dashing a partisan as Tarleton or Simcoe, his friends might + readily afford to concede; but that he evinced, what neither + Jay, nor Livingston, nor the Adamses did evince, a + determined resolution to stake his reputation and his life + on the issue of arms, and that he resigned his commission + when the post of imminent danger was refused him, exhibit a + lucid proof that, whatever may have been his ultimate + fortune, he was not deficient in two grand elements of + military success,--personal enterprise, and unquestioned + courage."[230] + + +FOOTNOTES: + +[195] _Hist. Mag._ for Aug. 1867, 92. + +[196] 4 _Am. Arch._ iii. 375. + +[197] 4 _Am. Arch._ ii. 1902. + +[198] 4 _Am. Arch._ ii. 1834. + +[199] 4 _Am. Arch._ ii. 1849. + +[200] 4 _Am. Arch._ ii. 1850, 1851. + +[201] _Ibid._ ii. 1852. + +[202] _Ibid._ ii. 1878. + +[203] 4 _Am. Arch._ ii. 1879, 1883. + +[204] _Ibid._ ii. 1884, 1885. + +[205] 4 _Am. Arch._ ii. 1902. + +[206] MS. + +[207] 4 _Am. Arch._ iii. 377. + +[208] _Ibid._ iii. 377, 378. + +[209] _Ibid._ iii. 378. + +[210] 4 _Am. Arch._ iii. 393. See, also, his oath of office, _ibid._ +iii. 411. + +[211] 4 _Am. Arch._ iii. 776. + +[212] Wirt, 159. + +[213] 4 _Am. Arch._ iii. 1067. + +[214] 4 _Am. Arch._ iii. 1713-1715. + +[215] Graphic contemporary accounts of this battle may be found in 4 +_Am. Arch._ iv. 224, 228, 229. + +[216] Wirt, 178. + +[217] 4 _Am. Arch._ iii. 1962. + +[218] _Ibid._ iv. 1669. + +[219] _Ibid._ iv. 1517. + +[220] _Ibid._ iv. 1515, 1516. + +[221] 4 _Am. Arch._ iv. 1516; also, Wirt, 180, 181. + +[222] 4 _Am. Arch._ iv. 1516. + +[223] 4 _Am. Arch._ iv. 1516, 1517. + +[224] _Ibid._ iv. 1518. + +[225] 4 _Am. Arch._ iv. 1519. + +[226] Wirt, 175. + +[227] _Writings of Washington_, iii. 309. + +[228] W. B. Reed, _Life of Joseph Reed_, i. 173. + +[229] Grigsby, _Va. Conv. of 1776_, 52, 53, note. + +[230] Grigsby, _Va. Conv. of 1776_, 151, 152. + + + + +CHAPTER XII + +INDEPENDENCE + + +Upon this mortifying close of a military career which had opened with +so much expectation and even _éclat_, Patrick Henry returned, early in +March, 1776, to his home in the county of Hanover,--a home on which +then rested the shadow of a great sorrow. In the midst of the public +engagements and excitements which absorbed him during the previous +year, his wife, Sarah, the wife of his youth, the mother of his six +children, had passed away. His own subsequent release from public +labor, however bitter in its occasion, must have brought to him a +great solace in the few weeks of repose which he then had under his +own roof, with the privilege of ministering to the happiness of his +motherless children, and of enjoying once more their loving +companionship and sympathy. + +But in such a crisis of his country's fate, such a man as Patrick +Henry could not be permitted long to remain in seclusion; and the +promptness and the heartiness with which he was now summoned back into +the service of the public as a civilian, after the recent +humiliations of his military career, were accented, perhaps, on the +part of his neighbors, by something of the fervor of intended +compensation, if not of intended revenge. For, in the mean time, the +American colonies had been swiftly advancing, along a path strewn with +corpses and wet with blood, towards the doctrine that a total +separation from the mother-country,--a thing hitherto contemplated by +them only as a disaster and a crime,--might after all be neither, but +on the contrary, the only resource left to them in their desperate +struggle for political existence. This supreme question, it was plain, +was to confront the very next Virginia convention, which was under +appointment to meet early in the coming May. Almost at once, +therefore, after his return home, Patrick Henry was elected by his +native county to represent it in that convention. + +On Monday morning, the 6th of May, the convention gathered at +Williamsburg for its first meeting. On its roll of members we see many +of those names which have become familiar to us in the progress of +this history,--the names of those sturdy and well-trained leaders who +guided Virginia during all that stormy period,--Pendleton, Cary, +Mason, Nicholas, Bland, the Lees, Mann Page, Dudley Digges, Wythe, +Edmund Randolph, and a few others. For the first time also, on such a +roll, we meet the name of James Madison, an accomplished young +political philosopher, then but four years from the inspiring +instruction of President Witherspoon at Princeton. But while a few +very able men had places in that convention, it was, at the time, by +some observers thought to contain an unusually large number of +incompetent persons. Three days after the opening of the session +Landon Carter wrote to Washington:-- + + "I could have wished that ambition had not so visibly seized + so much ignorance all over the colony, as it seems to have + done; for this present convention abounds with too many of + the inexperienced creatures to navigate our bark on this + dangerous coast; so that I fear the few skilful pilots who + have hitherto done tolerably well to keep her clear from + destruction, will not be able to conduct her with common + safety any longer."[231] + +The earliest organization of the House was, on the part of the friends +of Patrick Henry, made the occasion for a momentary flash of +resentment against Edmund Pendleton, as the man who was believed by +them to have been the guiding mind of the Committee of Safety in its +long series of restraints upon the military activity of their chief. +At the opening of the convention Pendleton was nominated for its +president,--a most suitable nomination, and one which under ordinary +circumstances would have been carried by acclamation. Thomas Johnson, +however, a stanch follower of Patrick Henry, at once presented an +opposing candidate; and although Pendleton was elected, he was not +elected without a contest, or without this significant hint that the +fires of indignation against him were still burning in the hearts of a +strong party in that house and throughout the colony. + +The convention lasted just two months lacking a day; and in all the +detail and drudgery of its business, as the journal indicates, Patrick +Henry bore a very large part. In the course of the session, he seems +to have served on perhaps a majority of all its committees. On the 6th +of May, he was made a member of the committee of privileges and +elections; on the 7th, of a committee "to bring in an ordinance to +encourage the making of salt, saltpetre, and gunpowder;" on the 8th, +of the committee on "propositions and grievances;" on the 21st, of a +committee "to inquire for a proper hospital for the reception and +accommodation of the sick and wounded soldiers;" on the 22d, of a +committee to inquire into the truth of a complaint made by the Indians +respecting encroachments on their lands; on the 23d, of a committee to +bring in an ordinance for augmenting the ninth regiment, for enlisting +four troops of horse, and for raising men for the defence of the +frontier counties; on the 4th of June, of a committee to inquire into +the causes for the depreciation of paper money in the colony, and into +the rates at which goods are sold at the public store; on the 14th of +June, of a committee to prepare an address to be sent by Virginia to +the Shawanese Indians; on the 15th of June, of a committee to bring in +amendments to the ordinance for prescribing a mode of punishment for +the enemies of America in this colony; and on the 22d of June, of a +committee to prepare an ordinance "for enabling the present +magistrates to continue the administration of justice, and for +settling the general mode of proceedings in criminal and other cases." +The journal also mentions his frequent activity in the House in the +presentation of reports from some of these committees: for example, +from the committee on propositions and grievances, on the 16th of May, +on the 22d of May, and on the 15th of June. On the latter occasion, he +made to the House three detailed reports on as many different +topics.[232] + +Of course, the question overshadowing all others in that convention +was the question of independence. General Charles Lee, whose military +duties just then detained him at Williamsburg, and who was intently +watching the currents of political thought in all the colonies, +assured Washington, in a letter written on the 10th of May, that "a +noble spirit" possessed the convention; and that the members were +"almost unanimous for independence," the only disagreement being "in +their sentiments about the mode."[233] That Patrick Henry was in favor +of independence hardly needs to be mentioned; yet it does need to be +mentioned that he was among those who disagreed with some of his +associates "about the mode." While he was as eager and as resolute +for independence as any man, he doubted whether the time had then +fully come for declaring independence. He thought that the declaration +should be so timed as to secure, beyond all doubt, two great +conditions of success,--first, the firm union of the colonies +themselves, and secondly, the friendship of foreign powers, +particularly of France and Spain. For these reasons, he would have had +independence delayed until a confederation of the colonies could be +established by written articles, which, he probably supposed, would +take but a few weeks; and also until American agents could have time +to negotiate with the French and Spanish courts. + +On the first day of the session, General Charles Lee, who was hot for +an immediate declaration of independence, seems to have had a +conversation upon the subject with Patrick Henry, during which the +latter stated his reasons for some postponement of the measure. This +led General Lee, on the following day, to write to Henry a letter +which is really remarkable, some passages from which will help us the +better to understand the public situation, as well as Patrick Henry's +attitude towards it:-- + + WILLIAMSBURG, May 7, 1776. + + DEAR SIR,--If I had not the highest opinion of your + character and liberal way of thinking, I should not venture + to address myself to you. And if I were not equally + persuaded of the great weight and influence which the + transcendent abilities you possess must naturally confer, I + should not give myself the trouble of writing, nor you the + trouble of reading this long letter. Since our conversation + yesterday, my thoughts have been solely employed on the + great question, whether independence ought or ought not to + be immediately declared. Having weighed the argument on both + sides, I am clearly of the opinion that we must, as we value + the liberties of America, or even her existence, without a + moment's delay declare for independence.... The objection + you made yesterday, if I understood you rightly, to an + immediate declaration, was by many degrees the most + specious, indeed, it is the only tolerable, one that I have + yet heard. You say, and with great justice, that we ought + previously to have felt the pulse of France and Spain. I + more than believe, I am almost confident, that it has been + done.... But admitting that we are utter strangers to their + sentiments on the subject, and that we run some risk of this + declaration being coldly received by these powers, such is + our situation that the risk must be ventured. + + On one side there are the most probable chances of our + success, founded on the certain advantages which must + manifest themselves to French understandings by a treaty of + alliance with America.... The superior commerce and marine + force of England were evidently established on the monopoly + of her American trade. The inferiority of France, in these + two capital points, consequently had its source in the same + origin. Any deduction from this monopoly must bring down her + rival in proportion to this deduction. The French are and + always have been sensible of these great truths.... But + allowing that there can be no certainty, but mere chances, + in our favor, I do insist upon it that these chances render + it our duty to adopt the measure, as, by procrastination, + our ruin is inevitable. Should it now be determined to wait + the result of a previous formal negotiation with France, a + whole year must pass over our heads before we can be + acquainted with the result. In the mean time, we are to + struggle through a campaign, without arms, ammunition, or + any one necessary of war. Disgrace and defeat will + infallibly ensue; the soldiers and officers will become so + disappointed that they will abandon their colors, and + probably never be persuaded to make another effort. + + But there is another consideration still more cogent. I can + assure you that the spirit of the people cries out for this + declaration; the military, in particular, men and officers, + are outrageous on the subject; and a man of your excellent + discernment need not be told how dangerous it would be, in + our present circumstances, to dally with the spirit, or + disappoint the expectations, of the bulk of the people. May + not despair, anarchy, and final submission be the bitter + fruits? I am firmly persuaded that they will; and, in this + persuasion, I most devoutly pray that you may not merely + recommend, but positively lay injunctions on, your servants + in Congress to embrace a measure so necessary to our + salvation. + + Yours, most sincerely, + CHARLES LEE.[234] + +Just eight days after that letter was written, the Virginia convention +took what may, at first glance, seem to be the precise action therein +described as necessary; and moreover, they did so under the +influence, in part, of Patrick Henry's powerful advocacy of it. On the +15th of May, after considerable debate, one hundred and twelve members +being present, the convention unanimously resolved, + + "That the delegates appointed to represent this colony in + 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; + and that they give the assent of this colony to such + declaration, and to whatever measures may be thought proper + and necessary by the Congress for forming foreign alliances + and a confederation of the colonies, at such time, and in + the manner, as to them shall seem best: provided, that the + power of forming government for, and the regulations of the + internal concerns of, each colony, be left to the respective + colonial legislatures."[235] + +On the testimony of Edmund Randolph, who was a member of the +convention, it is now known that this momentous resolution "was drawn +by Pendleton, was offered in convention by Nelson, and was advocated +on the floor by Henry."[236] Any one who will carefully study it, +however, will discover that this resolution was the result of a +compromise; and especially, that it is so framed as to meet Patrick +Henry's views, at least to the extent of avoiding the demand for an +immediate declaration, and of leaving it to Congress to determine the +time and manner of making it. Accordingly, in letters of his, written +five days afterward to his most intimate friends in Congress, we see +that his mind was still full of anxiety about the two great +prerequisites,--a certified union among the colonies, and a friendly +arrangement with France. "Ere this reaches you," he wrote to Richard +Henry Lee, "our resolution for separating from Britain will be handed +you by Colonel Nelson. Your sentiments as to the necessary progress of +this great affair correspond with mine. For may not France, ignorant +of the great advantages to her commerce we intend to offer, and of the +permanency of that separation which is to take place, be allured by +the partition you mention? To anticipate, therefore, the efforts of +the enemy by sending instantly American ambassadors to France, seems +to me absolutely necessary. Delay may bring on us total ruin. But is +not a confederacy of our States previously necessary?"[237] + +On the same day, he wrote, also, a letter to John Adams, in which he +developed still more vigorously his views as to the true order in +which the three great measures,--confederation, foreign alliances, and +independence,--should be dealt with:-- + + "Before this reaches you, the resolution for finally + separating from Britain will be handed to Congress by + 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 manoeuvres, with the greatest +exactness; a continental union flag was displayed upon the capitol; +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 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, 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." +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 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 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 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, 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 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, + 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 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 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 Henry 60 + For Thomas Nelson 45 + For John Page 1 + +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:-- + + 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 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] 4 _Am. Arch._ vi. 390. + +[232] The journal of this convention is in 4 _Am. Arch._ vi. +1509-1616. + +[233] 4 _Am. Arch._ vi. 406. + +[234] 5 _Am. Arch._ i. 95-97. Campbell, in his _History of Virginia_, +645, 646, commits a rather absurd error in attributing this letter to +Thomas Nelson, Jr. + +[235] 4 _Am. Arch._ vi. 1524. + +[236] Randolph's address at the funeral of Pendleton, in _Va. Gazette_ +for 2 Nov. 1803, and cited by Grigsby, _Va. Conv. of 1776_, 203, 204. + +[237] _S. Lit. Messenger_ for 1842; thence given in Campbell, _Hist. +Va._ 647, 648. + +[238] _Works of John Adams_, iv. 201. + +[239] 4 _Am. Arch._ vi. 462. + +[240] 4 _Am. Arch._ vi. 1524. + +[241] _Works of John Adams_, ix. 387. + +[242] John Adams's pamphlet is given in his _Works_, iv. 189-200. + +[243] The pamphlet is given in 4 _Am. 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. Messenger_ for 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] 4 _Am. Arch._ vi. 1582. + +[253] _Am. Arch._ vi. 1598-1601, note. + +[254] 4 _Am. Arch._ vi. 1129, 1130. + + + + +CHAPTER XIII + +FIRST GOVERNOR OF THE STATE OF VIRGINIA + + +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 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 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. + + 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. + + 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 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 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: 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 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 + 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:-- + + "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 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 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. + + "Even the heroism of the Virginia legislature," says Wirt, + "gave way; and, in a season of despair, the mad project of a + dictator was seriously meditated. That Mr. Henry was thought + of for this office, has been alleged, and is highly + probable; but that the project was suggested by him, or even + received his countenance, I have met with no one who will + venture to affirm. There is a tradition that Colonel + Archibald Cary, the speaker of the Senate, was principally + instrumental in crushing this project; that meeting Colonel + Syme, the step-brother of Colonel Henry, in the lobby of the + House, he accosted him very fiercely in terms like these: 'I + am told that your brother wishes to be dictator. Tell him + from me, that the day of his appointment shall be the day of + his death;--for he shall feel my dagger in his heart before + the sunset of that day.' And the tradition adds that Colonel + Syme, in great agitation, declared that 'if such a project + existed, his brother had no hand in it; for that nothing + could be more foreign to him, than to countenance any office + which could endanger, in the most distant manner, the + liberties of his country.' The intrepidity and violence of + Colonel Cary's character renders the tradition probable; but + it furnishes no proof of Mr. Henry's implication in the + scheme."[273] + +A disinterested study of this subject, in the light of all the +evidence now attainable, will be likely to convince any one that this +enormous scandal must have been very largely a result of the extreme +looseness at that time prevailing in the use of the word "dictator," +and of its being employed, on the one side, in an innocent sense, and, +on the other side, in a guilty one. In strict propriety, of course, +the word designates a magistrate created in an emergency of public +peril, and clothed for a time with unlimited power. It is an extreme +remedy, and in itself a remedy extremely dangerous, and can never be +innocently resorted to except when the necessity for it is +indubitable; and it may well be questioned whether, among people and +institutions like our own, a necessity can ever arise which would +justify the temporary grant of unlimited power to any man. If this be +true, it follows that no man among us can, without dire political +guilt, ever consent to bestow such power; and that no man can, without +the same guilt, ever consent to receive it. + +Yet it is plain that even among us, between the years 1776 and 1783, +emergencies of terrific public peril did arise, sufficient to justify, +nay, even to compel, the bestowment either upon the governor of some +State, or upon the general of the armies, not of unlimited power, +certainly, but of extraordinary power,--such extraordinary power, for +example, as was actually conferred by the Continental Congress, more +than once, on Washington; as was conferred by the legislature of South +Carolina on Governor John Rutledge; as was repeatedly conferred by the +legislature of Virginia upon Governor Patrick Henry; and afterward, in +still higher degree, by the same legislature, on Governor Thomas +Jefferson himself. Nevertheless, so loose was the meaning then +attached to the word "dictator," that it was not uncommon for men to +speak of these very cases as examples of the bestowment of a +dictatorship, and of the exercise of dictatorial power; although, in +every one of the cases mentioned, there was lacking the essential +feature of a true dictatorship, namely, the grant of unlimited power +to one man. It is perfectly obvious, likewise, that when, in those +days, men spoke thus of a dictatorship, and of dictatorial power, they +attached no suggestion of political guilt either to the persons who +bestowed such power, or to the persons who severally accepted it,--the +tacit understanding being that, in every instance, the public danger +required and justified some grant of extraordinary power; that no more +power was granted than was necessary; and that the man to whom, in any +case, the grant was made, was a man to whom, there was good reason to +believe, the grant could be made with safety. Obviously, it was upon +this tacit understanding of its meaning that the word was used, for +instance, by Edmund Randolph, in 1788, in the Virginia Constitutional +Convention, when, alluding to the extraordinary power bestowed by +Congress on Washington, he said: "We had an American dictator in +1781." Surely, Randolph did not mean to impute political crime, either +to the Congress which made Washington a dictator, or to Washington +himself who consented to be made one. It was upon the same tacit +understanding, also, that Patrick Henry, in reply to Randolph, took up +the word, and extolled the grant of dictatorial power to Washington on +the occasion referred to: "In making a dictator," said Henry, "we +followed the example of the most glorious, magnanimous, and skilful +nations. In great dangers, this power has been given. Rome has +furnished us with an illustrious example. America found a person for +that trust: she looked to Virginia for him. We gave a dictatorial +power to hands that used it gloriously, and which were rendered more +glorious by surrendering it up."[274] + +Thus it is apparent that the word "dictator" was frequently used in +those times in a sense perfectly innocent. As all men know, however, +the word is one capable of suggesting the possibilities of dreadful +political crime; and it is not hard to see how, when employed by one +person to describe the bestowment and acceptance of extraordinary +power,--implying a perfectly innocent proposition, it could be easily +taken by another person as describing the bestowment and acceptance of +unlimited power,--implying a proposition which among us, probably, +would always be a criminal one. + +With the help which this discussion may give us, let us now return to +the General Assembly of Virginia, at Williamsburg, approaching the +close of its first session, in the latter part of December, 1776. It +was on the point of adjourning, not to meet again until the latter +part of March, 1777. At that moment, by the arrival of most alarming +news from the seat of war, it was forced to make special provision for +the public safety during the interval which must elapse before its +next session. Its journal indicates that, prior to the 20th of +December, it had been proceeding with its business in a quiet way, +under no apparent consciousness of imminent peril. On that day, +however, there are traces of a panic; for, on that day, "The Virginia +Gazette" announced to them the appalling news of "the crossing of the +Delaware by the British forces, from twelve to fifteen thousand +strong; the position of General Washington, at Bristol, on the south +side of the river, with only six thousand men;" and the virtual flight +of Congress from Philadelphia.[275] At this rate, how long would it be +before the Continental army would be dispersed or captured, and the +troops of the enemy sweeping in vengeance across the borders of +Virginia? Accordingly, the House of Delegates immediately resolved +itself into "a committee to take into their consideration the state of +America;" but not being able to reach any decision that day, it voted +to resume the subject on the day following, and for that purpose to +meet an hour earlier than usual. So, on Saturday, the 21st of +December, the House passed a series of resolutions intended to provide +for the crisis into which the country was plunged, and, among the +other resolutions, this:-- + + "And whereas the present imminent danger of America, and the + ruin and misery which threatens the good people of this + Commonwealth, and their posterity, calls for the utmost + exertion of our strength, and it is become necessary for the + preservation of the State that the usual forms of government + be suspended during a limited time, for the more speedy + execution of the most vigorous and effectual measures to + repel the invasion of the enemy; + + "_Resolved, therefore_, That the governor be, and he is + hereby fully authorized and empowered, by and with the + advice and consent of the privy council, from henceforward, + until ten days next after the first meeting of the General + Assembly, to carry into execution such requisitions as may + be made to this Commonwealth by the American Congress for + the purpose of encountering or repelling the enemy; to order + the three battalions on the pay of this Commonwealth to + march, if necessary, to join the Continental army, or to the + assistance of any of our sister States; to call forth any + and such greater military force as they shall judge + requisite, either by embodying and arraying companies or + regiments of volunteers, or by raising additional + battalions, appointing and commissioning the proper + officers, and to direct their operations within this + Commonwealth, under the command of the Continental generals + or other officers according to their respective ranks, or + order them to march to join and act in concert with the + Continental army, or the troops of any of the American + States; and to provide for their pay, supply of provisions, + arms, and other necessaries, at the charge of this + Commonwealth, by drawing on the treasurer for the money + which may be necessary from time to time; and the said + treasurer is authorized to pay such warrants out of any + public money which may be in his hands, and the General + Assembly will, at their next session, make ample provision + for any deficiency which may happen. But that this departure + from the constitution of government, being in this instance + founded only on the most evident and urgent necessity, ought + not hereafter to be drawn into precedent." + +These resolutions, having been pressed rapidly through the forms of +the House, were at once carried up to the Senate for its concurrence. +The answer of the Senate was promptly returned, agreeing to all the +resolutions of the lower House, but proposing an important amendment +in the phraseology of the particular resolution which we have just +quoted. Instead of this clause--"the usual forms of government should +be suspended," it suggested the far more accurate and far more prudent +expression which here follows,--"additional powers be given to the +governor and council." This amendment was assented to by the House; +and almost immediately thereafter it adjourned until the last Thursday +in March, 1777, "then to meet in the city of Williamsburg, or at such +other place as the governor and council, for good reasons, may +appoint."[276] + +Such, undoubtedly, was the occasion on which, if at any time during +that session, the project for a dictatorship in Virginia was under +consideration by the House of Delegates. The only evidence for the +reality of such a project is derived from the testimony of Jefferson; +and Jefferson, though a member of the House, was not then in +attendance, having procured, on the 29th of the previous month, +permission to be absent during the remainder of the session.[277] Is +it not probable that the whole terrible plot, as it afterward lay in +the mind of Jefferson, may have originated in reports which reached +him elsewhere, to the effect that, in the excitement of the House over +the public danger and over the need of energetic measures against that +danger, some members had demanded that the governor should be invested +with what they perhaps called dictatorial power, meaning thereby no +more than extraordinary power; and that all the criminal accretions to +that meaning, which Jefferson attributed to the project, were simply +the work of his own imagination, always sensitive and quick to take +alarm on behalf of human liberty, and, on such a subject as this, +easily set on fire by examples of awful political crime which would +occur to him from Roman history? This suggestion, moreover, is not out +of harmony with one which has been made by a thorough and most candid +student of the subject, who says: "I am very much inclined to think +that some sneering remark of Colonel Cary, on that occasion, has given +rise to the whole story about a proposed dictator at that time."[278] + +At any rate, this must not be forgotten: if the project of a +dictatorship, in the execrable sense affirmed by Jefferson, was, +during that session, advocated by any man or by any cabal in the +Assembly, history must absolve Patrick Henry of all knowledge of it, +and of all responsibility for it. Not only has no tittle of evidence +been produced, involving his connivance at such a scheme, but the +Assembly itself, a few months later, unwittingly furnished to +posterity the most conclusive proof that no man in that body could +have believed him to be smirched with even the suggestion of so horrid +a crime. Had Patrick Henry been suspected, during the autumn and early +winter of 1776, of any participation in the foul plot to create a +despotism in Virginia, is it to be conceived that, at its very next +session, in the spring of 1777, that Assembly, composed of nearly the +same members as before, would have reëlected to the governorship so +profligate and dangerous a man, and that too without any visible +opposition in either House? Yet that is precisely what the Virginia +Assembly did in May, 1777. Moreover, one year later, this same +Assembly reëlected this same profligate and dangerous politician for +his third and last permissible year in the governorship, and it did so +with the same unbroken unanimity. Moreover, during all that time, +Thomas Jefferson was a member, and a most conspicuous and influential +member, of the Virginia Assembly. If, indeed, he then believed that +his old friend, Patrick Henry, had stood ready in 1776, to commit +"treason against the people" of America, and "treason against mankind +in general," why did he permit the traitor to be twice reëlected to +the chief magistracy, without the record of even one brave effort +against him on either occasion? + +On the 26th of December, 1776, in accordance with the special +authority thus conferred upon him by the General Assembly, Governor +Henry issued a vigorous proclamation, declaring that the "critical +situation of American affairs" called for "the utmost exertion of +every sister State to put a speedy end to the cruel ravages of a +haughty and inveterate enemy, and secure our invaluable rights," and +"earnestly exhorting and requiring" all the good people of Virginia to +assist in the formation of volunteer companies for such service as +might be required.[279] The date of that proclamation was also the +date of Washington's famous matutinal surprise of the Hessians at +Trenton,--a bit of much-needed good luck, which was followed by his +fortunate engagement with the enemy near Princeton, on the 3d of +January, 1777. On these and a very few other extremely small crumbs of +comfort, the struggling revolutionists had to nourish their burdened +hearts for many a month thereafter; Washington himself, during all +that time, with his little army of tattered and barefoot warriors, +majestically predominating over the scene from the heights of +Morristown; while the good-humored British commander, Sir William +Howe, considerately abstained from any serious military disturbance +until the middle of the following summer. Thus the chief duty of the +governor of Virginia, during the winter and spring of 1777, as it had +been in the previous autumn, was that of trying to keep in the field +Virginia's quota of troops, and of trying to furnish Virginia's share +of military supplies,--no easy task, it should seem, in those times of +poverty, confusion, and patriotic languor. The official correspondence +of the governor indicates the unslumbering anxiety, the energy, the +fertility of device with which, in spite of defective health, he +devoted himself to these hard tasks.[280] + +In his great desire for exact information as to the real situation at +headquarters, Governor Henry had sent to Washington a secret messenger +by the name of Walker, who was to make his observations at Morristown +and to report the results to himself. Washington at once perceived the +embarrassments to which such a plan might lead; and accordingly, on +the 24th of February, 1777, he wrote to the governor, gently +explaining why he could not receive Mr. Walker as a mere visiting +observer:-- + + "To avoid the precedent, therefore, and from your character + of Mr. Walker, and the high opinion I myself entertain of + his abilities, honor, and prudence, I have taken him into my + family as an extra aide-de-camp, and shall be happy if, in + this character, he can answer your expectations. I sincerely + thank you, sir, for your kind congratulations on the late + success of the Continental arms (would to God it may + continue), and for your polite mention of me. Let me + earnestly entreat that the troops raised in Virginia for + this army be forwarded on by companies, or otherwise, + without delay, and as well equipped as possible for the + field, or we shall be in no condition to open the + campaign."[281] + +On the 29th of the following month, the governor wrote to Washington +of the overwhelming difficulty attending all his efforts to comply +with the request mentioned in the letter just cited:-- + + "I am very sorry to inform you that the recruiting business + of late goes on so badly, that there remains but little + prospect of filling the six new battalions from this State, + voted by the Assembly. The Board of Council see this with + great concern, and, after much reflection on the subject, + are of opinion that the deficiency in our regulars can no + way be supplied so properly as by enlisting volunteers. + There is reason to believe a considerable number of these + may be got to serve six or eight months.... I believe you + can receive no assistance by drafts from the militia. From + the battalions of the Commonwealth none can be drawn as yet, + because they are not half full.... Virginia will find some + apology with you for this deficiency in her quota of + regulars, when the difficulties lately thrown in our way are + considered. The Georgians and Carolinians have enlisted [in + Virginia] probably two battalions at least. A regiment of + artillery is in great forwardness. Besides these, Colonels + Baylor and Grayson are collecting regiments; and three + others are forming for this State. Add to all this our + Indian wars and marine service, almost total want of + necessaries, the false accounts of deserters,--many of whom + lurk here,--the terrors of the smallpox and the many deaths + occasioned by it, and the deficient enlistments are + accounted for in the best manner I can. As no time can be + spared, I wish to be honored with your answer as soon as + possible, in order to promote the volunteer scheme, if it + meets your approbation. I should be glad of any improvements + on it that may occur to you. I believe about four of the six + battalions may be enlisted, but have seen no regular + [return] of their state. Their scattered situation, and + being many of them in broken quotas, is a reason for their + slow movement. I have issued repeated orders for their march + long since."[282] + +The General Assembly of Virginia, at its session in the spring of +1777, was required to elect a governor, to serve for one year from the +day on which that session should end. As no candidate was named in +opposition to Patrick Henry, the Senate proposed to the House of +Delegates that he should be reappointed without ballot. This, +accordingly, was done, by resolution of the latter body on the 29th of +May, and by that of the Senate on the 1st of June. On the 5th of June, +the committee appointed to inform the governor of this action laid +before the House his answer:-- + + GENTLEMEN,--The signal honor conferred on me by the General + Assembly, in their choice of me to be governor of this + Commonwealth, demands my best acknowledgments, which I beg + the favor of you to convey to them in the most acceptable + manner. + + I shall execute the duties of that high station to which I + am again called by the favor of my fellow-citizens, + according to the best of my abilities, and I shall rely upon + the candor and wisdom of the Assembly to excuse and supply + my defects. The good of the Commonwealth shall be the only + object of my pursuit, and I shall measure my happiness + according to the success which shall attend my endeavors to + establish the public liberty. I beg to be presented to the + Assembly, and that they and you will be assured that I am, + with every sentiment of the highest regard, their and your + most obedient and very humble servant, + + P. HENRY.[283] + +After a perusal of this nobly written letter, the gentle reader will +have no difficulty in concluding that, if indeed the author of it was +then lying in wait for an opportunity to set up a despotism in +Virginia, he had already become an adept in the hypocrisy which +enabled him, not only to conceal the fact, but to convey an impression +quite the opposite. + + +FOOTNOTES: + +[255] Burk, _Hist. Va._ iv. 154. + +[256] 4 _Am. Arch._ vi. 1602, 1603, note. + +[257] 5 _Am. Arch._ i. 631. + +[258] 5 _Am. Arch._ i. 905, 906. + +[259] George Rogers Clark's _Campaign in the Illinois_, 11. + +[260] Spencer Roane, MS. + +[261] _Jour. Va. House Del._ 32. + +[262] _Ibid._ 57-59. + +[263] _Writings of Washington_, iv. 138. + +[264] See Letters from the president of Va. Privy Council and from +General Lewis, in 5 _Am. Arch._ i. 736. + +[265] Burk, _Hist. Va._ iv. 229. + +[266] Compare _Jour. Va. House Del._ 8. + +[267] 5 _Am. Arch._ ii. 1305-1306. + +[268] Randall, _Life of Jefferson_, i. 363, 413; and _Hist. Mag._ i. +52. + +[269] _Writings of Jefferson_, viii. 368-371; also Phila. ed. of +_Notes_, 1825, 172-176. + +[270] Burk, _Hist. Va._ iv. Pref. Rem. vi. + +[271] See Jefferson's explicit endorsement of Girardin's book in his +own _Writings_, i. 50. + +[272] Burk, _Hist. Va._ 189, 190. + +[273] Wirt, _Life of Henry_, 204-205. + +[274] Elliot's _Debates_, iii. 160. + +[275] Cited by William Wirt Henry, _Hist. Mag._ for 1873, 349. + +[276] _Jour. Va. House of Del._ 106-108. + +[277] _Jour. Va. H. Del._ 75; and Randall, _Life of Jefferson_, i. +205. + +[278] William Wirt Henry, _Hist. Mag._ for 1873, 350. + +[279] 5 _Am. Arch._ iii. 1425-1426. + +[280] I refer, for example, to his letters of Oct. 11, 1776; of Nov. +19, 1776; of Dec. 6, 1776; of Jan. 8, 1777; of March 20, 1777; of +March 28, 1777; of June 20, 1777; besides the letters cited in the +text. + +[281] _Writings of Washington_, iv. 330. + +[282] Sparks, _Corr. Rev._ i. 361, 362. + +[283] _Jour. Va. House Del._ 61. + + + + +CHAPTER XIV + +GOVERNOR A SECOND TIME + + +Patrick Henry's second term as governor extended from the 28th of +June, 1777, to the 28th of June, 1778: a twelvemonth of vast and even +decisive events in the struggle for national independence,--its awful +disasters being more than relieved by the successes, both diplomatic +and military, which were compressed within that narrow strip of time. +Let us try, by a glance at the chief items in the record of that year, +to bring before our eyes the historic environment amid which the +governor of Virginia then wrought at his heavy tasks: July 6, 1777, +American evacuation of Ticonderoga at the approach of Burgoyne; August +6, defeat of Herkimer by the British under St. Leger; August 16, +Stark's victory over the British at Bennington; September 11, defeat +of Washington at Brandywine; September 27, entrance of the British +into Philadelphia; October 4, defeat of Washington at Germantown; +October 16, surrender of Burgoyne and his entire army; December 11, +Washington's retirement into winter quarters at Valley Forge; February +6, 1778, American treaty of alliance with France; May 11, death of +Lord Chatham; June 13, Lord North's peace commissioners propose to +Congress a cessation of hostilities; June 18, the British evacuate +Philadelphia; June 28, the battle of Monmouth. + +The story of the personal life of Patrick Henry during those stern and +agitating months is lighted up by the mention of his marriage, on the +9th of October, 1777, to Dorothea Dandridge, a granddaughter of the +old royal governor, Alexander Spotswood,--a lady who was much younger +than her husband, and whose companionship proved to be the solace of +all the years that remained to him on earth. + +The pressure of official business upon him can hardly have been less +than during the previous year. The General Assembly was in session +from the 20th of October, 1777, until the 24th of January, 1778, and +from the 4th of May to the 1st of June, 1778,--involving, of course, a +long strain of attention by the governor to the work of the two +houses. Moreover, the prominence of Virginia among the States, and, at +the same time, her exemption from the most formidable assaults of the +enemy, led to great demands being made upon her both for men and for +supplies. To meet these demands, either by satisfying them or by +explaining his failure to do so, involved a copious and laborious +correspondence on the part of Governor Henry, not only with his own +official subordinates in the State, but with the president of +Congress, with the board of war, and with the general of the army. +The official letters which he thus wrote are a monument of his ardor +and energy as a war governor, his attention to details, his broad +practical sense, his hopefulness and patience under galling +disappointments and defeats.[284] + +Perhaps nothing in the life of Governor Henry during his second term +of office has so touching an interest for us now, as has the course +which he took respecting the famous intrigue, which was developed into +alarming proportions during the winter of 1777 and 1778, for the +displacement of Washington, and for the elevation of the shallow and +ill-balanced Gates to the supreme command of the armies. It is +probable that several men of prominence in the army, in Congress, and +in the several state governments, were drawn into this cabal, although +most of them had too much caution to commit themselves to it by any +documentary evidence which could rise up and destroy them in case of +its failure. The leaders in the plot very naturally felt the great +importance of securing the secret support of men of high influence in +Washington's own State; and by many it was then believed that they +had actually won over no less a man than Richard Henry Lee. Of course, +if also the sanction of Governor Patrick Henry could be secured, a +prodigious advantage would be gained. Accordingly, from the town of +York, in Pennsylvania, whither Congress had fled on the advance of the +enemy towards Philadelphia, the following letter was sent to him,--a +letter written in a disguised hand, without signature, but evidently +by a personal friend, a man of position, and a master of the art of +plausible statement:-- + + YORKTOWN, 12 January, 1778. + + DEAR SIR,--The common danger of our country first brought + you and me together. I recollect with pleasure the influence + of your conversation and eloquence upon the opinions of this + country in the beginning of the present controversy. You + first taught us to shake off our idolatrous attachment to + royalty, and to oppose its encroachments upon our liberties + with our very lives. By these means you saved us from ruin. + The independence of America is the offspring of that liberal + spirit of thinking and acting, which followed the + destruction of the sceptres of kings, and the mighty power + of Great Britain. + + But, Sir, we have only passed the Red Sea. A dreary + wilderness is still before us; and unless a Moses or a + Joshua are raised up in our behalf, we must perish before we + reach the promised land. We have nothing to fear from our + enemies on the way. General Howe, it is true, has taken + Philadelphia, but he has only changed his prison. His + dominions are bounded on all sides by his out-sentries. + America can only be undone by herself. She looks up to her + councils and arms for protection; but, alas! what are they? + Her representation in Congress dwindled to only twenty-one + members; her Adams, her Wilson, her Henry are no more among + them. Her councils weak, and partial remedies applied + constantly for universal diseases. Her army, what is it? A + major-general belonging to it called it a few days ago, in + my hearing, a mob. Discipline unknown or wholly neglected. + The quartermaster's and commissary's departments filled with + idleness, ignorance, and peculation; our hospitals crowded + with six thousand sick, but half provided with necessaries + or accommodations, and more dying in them in one month than + perished in the field during the whole of the last campaign. + The money depreciating, without any effectual measures being + taken to raise it; the country distracted with the Don + Quixote attempts to regulate the price of provisions; an + artificial famine created by it, and a real one dreaded from + it; the spirit of the people failing through a more intimate + acquaintance with the causes of our misfortunes; many + submitting daily to General Howe; and more wishing to do it, + only to avoid the calamities which threaten our country. But + is our case desperate? By no means. We have wisdom, virtue + and strength enough to save us, if they could be called into + action. The northern army has shown us what Americans are + capable of doing with a General at their head. The spirit of + the southern army is no way inferior to the spirit of the + northern. A Gates, a Lee, or a Conway, would in a few weeks + render them an irresistible body of men. The last of the + above officers has accepted of the new office of + inspector-general of our army, in order to reform abuses; + but the remedy is only a palliative one. In one of his + letters to a friend he says, 'A great and good God hath + decreed America to be free, or the [General] and weak + counsellors would have ruined her long ago.' You may rest + assured of each of the facts related in this letter. The + author of it is one of your Philadelphia friends. A hint of + his name, if found out by the handwriting, must not be + mentioned to your most intimate friend. Even the letter must + be thrown into the fire. But some of its contents ought to + be made public, in order to awaken, enlighten, and alarm our + country. I rely upon your prudence, and am, dear Sir, with + my usual attachment to you, and to our beloved independence, + + Yours sincerely. + +How was Patrick Henry to deal with such a letter as this? Even though +he should reject its reasoning, and spurn the temptation with which it +assailed him, should he merely burn it, and be silent? The incident +furnished a fair test of his loyalty in friendship, his faith in +principle, his soundness of judgment, his clear and cool grasp of the +public situation,--in a word, of his manliness and his statesmanship. +This is the way in which he stood the test:-- + + PATRICK HENRY TO GEORGE WASHINGTON. + + WILLIAMSBURG, 20 February, 1778. + + DEAR SIR,--You will, no doubt, be surprised at seeing the + enclosed letter, in which the encomiums bestowed on me are + as undeserved, as the censures aimed at you are unjust. I am + sorry there should be one man who counts himself my friend, + who is not yours. + + Perhaps I give you needless trouble in handing you this + paper. The writer of it may be too insignificant to deserve + any notice. If I knew this to be the case, I should not have + intruded on your time, which is so precious. But there may + possibly be some scheme or party forming to your prejudice. + The enclosed leads to such a suspicion. Believe, me, Sir, I + have too high a sense of the obligations America has to you, + to abet or countenance so unworthy a proceeding. The most + exalted merit has ever been found to attract envy. But I + please myself with the hope that the same fortitude and + greatness of mind, which have hitherto braved all the + difficulties and dangers inseparable from your station, will + rise superior to every attempt of the envious partisan. I + really cannot tell who is the writer of this letter, which + not a little perplexes me. The handwriting is altogether + strange to me. + + To give you the trouble of this gives me pain. It would suit + my inclination better to give you some assistance in the + great business of the war. But I will not conceal anything + from you, by which you may be affected; for I really think + your personal welfare and the happiness of America are + intimately connected. I beg you will be assured of that high + regard and esteem with which I ever am, dear sir, your + affectionate friend and very humble servant. + +Fifteen days passed after the dispatch of that letter, when, having as +yet no answer, but with a heart still full of anxiety respecting this +mysterious and ill-boding cabal against his old friend, Governor +Henry wrote again:-- + + PATRICK HENRY TO GEORGE WASHINGTON. + + WILLIAMSBURG, 5 March, 1778. + + DEAR SIR,--By an express, which Colonel Finnie sent to camp, + I enclosed to you an anonymous letter which I hope got safe + to hand. I am anxious to hear something that will serve to + explain the strange affair, which I am now informed is taken + up respecting you. Mr. Custis has just paid us a visit, and + by him I learn sundry particulars concerning General + Mifflin, that much surprised me. It is very hard to trace + the schemes and windings of the enemies to America. I really + thought that man its friend; however, I am too far from him + to judge of his present temper. + + While you face the armed enemies of our liberty in the + field, and by the favor of God have been kept unhurt, I + trust your country will never harbor in her bosom the + miscreant, who would ruin her best supporter. I wish not to + flatter; but when arts, unworthy honest men, are used to + defame and traduce you, I think it not amiss, but a duty, to + assure you of that estimation in which the public hold you. + Not that I think any testimony I can bear is necessary for + your support, or private satisfaction; for a bare + recollection of what is past must give you sufficient + pleasure in every circumstance of life. But I cannot help + assuring you, on this occasion, of the high sense of + gratitude which all ranks of men in this our native country + bear to you. It will give me sincere pleasure to manifest my + regards, and render my best services to you or yours. I do + not like to make a parade of these things, and I know you + are not fond of it; however, I hope the occasion will plead + my excuse. Wishing you all possible felicity, I am, my dear + Sir, your ever affectionate friend and very humble servant. + +Before Washington received this second letter, he had already begun to +write the following reply to the first:-- + + GEORGE WASHINGTON TO PATRICK HENRY. + + VALLEY FORGE, 27 March, 1778. + + DEAR SIR,--About eight days ago I was honored with your + favor of the 20th ultimo. Your friendship, sir, in + transmitting to me the anonymous letter you had received, + lays me under the most grateful obligations, and if my + acknowledgments can be due for anything more, it is for the + polite and delicate terms in which you have been pleased to + communicate the matter. + + I have ever been happy in supposing that I had a place in + your esteem, and the proof you have afforded on this + occasion makes me peculiarly so. The favorable light in + which you hold me is truly flattering; but I should feel + much regret, if I thought the happiness of America so + intimately connected with my personal welfare, as you so + obligingly seem to consider it. All I can say is, that she + has ever had, and I trust she ever will have, my honest + exertions to promote her interest. I cannot hope that my + services have been the best; but my heart tells me they have + been the best that I could render. + + That I may have erred in using the means in my power for + accomplishing the objects of the arduous, exalted station + with which I am honored, I cannot doubt; nor do I wish my + conduct to be exempted from reprehension farther than it may + deserve. Error is the portion of humanity, and to censure + it, whether committed by this or that public character, is + the prerogative of freemen. However, being intimately + acquainted with the man I conceive to be the author of the + letter transmitted, and having always received from him the + strongest professions of attachment and regard, I am + constrained to consider him as not possessing, at least, a + great degree of candor and sincerity, though his views in + addressing you should have been the result of conviction, + and founded in motives of public good. This is not the only + secret, insidious attempt that has been made to wound my + reputation. There have been others equally base, cruel, and + ungenerous, because conducted with as little frankness, and + proceeding from views, perhaps, as personally interested. I + am, dear sir, with great esteem and regard, your much + obliged friend, etc. + +The writing of the foregoing letter was not finished, when Governor +Henry's second letter reached him; and this additional proof of +friendship so touched the heart of Washington that, on the next day, +he wrote again, this time with far less self-restraint than before:-- + + GEORGE WASHINGTON TO PATRICK HENRY + + CAMP, 28 March, 1778. + + DEAR SIR,--Just as I was about to close my letter of + yesterday, your favor of the 5th instant came to hand. I can + only thank you again, in the language of the most + undissembled gratitude, for your friendship; and assure you, + that the indulgent disposition, which Virginia in + particular, and the States in general, entertain towards me, + gives me the most sensible pleasure. The approbation of my + country is what I wish; and as far as my abilities and + opportunities will permit, I hope I shall endeavor to + deserve it. It is the highest reward to a feeling mind; and + happy are they, who so conduct themselves as to merit it. + + The anonymous letter with which you were pleased to favor + me, was written by Dr. Rush, so far as I can judge from a + similitude of hands. This man has been elaborate and studied + in his professions of regard for me; and long since the + letter to you. My caution to avoid anything which could + injure the service, prevented me from communicating, but to + a very few of my friends, the intrigues of a faction which I + know was formed against me, since it might serve to publish + our internal dissensions; but their own restless zeal to + advance their views has too clearly betrayed them, and made + concealment on my part fruitless. I cannot precisely mark + the extent of their views, but it appeared, in general, that + General Gates was to be exalted on the ruin of my reputation + and influence. This I am authorized to say, from undeniable + facts in my own possession, from publications, the evident + scope of which could not be mistaken, and from private + detractions industriously circulated. General Mifflin, it is + commonly supposed, bore the second part in the cabal; and + General Conway, I know, was a very active and malignant + partisan; but I have good reason to believe that their + machinations have recoiled most sensibly upon themselves. + With sentiments of great esteem and regard, I am, dear sir, + your affectionate humble servant.[285] + +This incident in the lives of Washington and Patrick Henry is to be +noted by us, not only for its own exquisite delicacy and nobility, but +likewise as the culminating fact in the growth of a very deep and true +friendship between the two men,--a friendship which seems to have +begun many years before, probably in the House of Burgesses, and which +lasted with increasing strength and tenderness, and with but a single +episode of estrangement, during the rest of their lives. Moreover, he +who tries to interpret the later career of Patrick Henry, especially +after the establishment of the government under the Constitution, and +who leaves out of the account Henry's profound friendship for +Washington, and the basis of moral and intellectual congeniality on +which that friendship rested, will lose an important clew to the +perfect naturalness and consistency of Henry's political course during +his last years. A fierce partisan outcry was then raised against him +in Virginia, and he was bitterly denounced as a political apostate, +simply because, in the parting of the ways of Washington and of +Jefferson, Patrick Henry no longer walked with Jefferson. In truth, +Patrick Henry was never Washington's follower nor Jefferson's: he was +no man's follower. From the beginning, he had always done for himself +his own thinking, whether right or wrong. At the same time, a careful +student of the three men may see that, in his thinking, Patrick Henry +had a closer and a truer moral kinship with Washington than with +Jefferson. At present, however, we pause before the touching incident +that has just been narrated in the relations between Washington and +Henry, in order to mark its bearing on their subsequent intercourse. +Washington, in whose nature confidence was a plant of slow growth, and +who was quick neither to love nor to cease from loving, never forgot +that proof of his friend's friendship. Thenceforward, until that one +year in which they both died, the letters which passed between them, +while never effusive, were evidently the letters of two strong men who +loved and trusted each other without reserve. + +Not long before the close of the governor's second term in office, he +had occasion to write to Richard Henry Lee two letters, which are of +considerable interest, not only as indicating the cordial intimacy +between these two great rivals in oratory, but also for the light they +throw both on the under-currents of bitterness then ruffling the +politics of Virginia, and on Patrick Henry's attitude towards the one +great question at that time uppermost in the politics of the nation. +During the previous autumn, it seems, also, Lee had fallen into great +disfavor in Virginia, from which he had so far emerged by the 23d of +January, 1778, as to be then reëlected to Congress, to fill out an +unexpired term.[286] Shortly afterward, however, harsh speech against +him was to be heard in Virginia once more, of which his friend, the +governor, thus informed him, in a letter dated April 4, 1778:-- + + "You are again traduced by a certain set who have drawn in + others, who say that you are engaged in a scheme to discard + General Washington. I know you too well to suppose that you + would engage in anything not evidently calculated to serve + the cause of whiggism.... But it is your fate to suffer the + constant attacks of disguised Tories who take this measure + to lessen you. Farewell, my dear friend. In praying for your + welfare, I pray for that of my country, to which your life + and service are of the last moment."[287] + +Furthermore, on the 30th of May, the General Assembly made choice of +their delegates in Congress for the following year. Lee was again +elected, but by so small a vote that his name stood next to the lowest +on the list.[288] Concerning this stinging slight, he appears to have +spoken in his next letters to the governor; for, on the 18th of June, +the latter addressed to him, from Williamsburg, this reply:-- + + MY DEAR SIR,--Both your last letters came to hand to-day. I + felt for you, on seeing the order in which the balloting + placed the delegates in Congress. It is an effect of that + rancorous malice that has so long followed you, through that + arduous path of duty which you have invariably travelled, + since America resolved to resist her oppressors. + + Is it any pleasure to you to remark, that at the same era in + which these men figure against you, public spirit seems to + have taken its flight from Virginia? It is too much the + case; for the quota of our troops is not half made up, and + no chance seems to remain for completing it. The Assembly + voted three hundred and fifty horse, and two thousand men, + to be forthwith raised, and to join the grand army. Great + bounties are offered; but, I fear, the only effect will be + to expose our state to contempt,--for I believe no soldiers + will enlist, especially in the infantry. + + Can you credit it?--no effort was made for supporting or + restoring public credit. I pressed it warmly on some, but in + vain. This is the reason we get no soldiers. + + We shall issue fifty or sixty thousand dollars in cash to + equip the cavalry, and their time is to expire at Christmas. + I believe they will not be in the field before that time. + + Let not Congress rely on Virginia for soldiers. I tell you + my opinion: they will not be got here, until a different + spirit prevails. + +In the next paragraph of his letter, the governor passes from these +local matters to what was then the one commanding topic in national +affairs. Lord North's peace commissioners had already arrived, and +were seeking to win back the Americans into free colonial relations +with the mother country, and away from their new-formed friendship +with perfidious France. With what energy Patrick Henry was prepared to +reject all these British blandishments, may be read in the passionate +sentences which conclude his letter:-- + + I look at the past condition of America, as at a dreadful + precipice, from which we have escaped by means of the + generous French, to whom I will be ever-lastingly bound by + the most heartfelt gratitude. But I must mistake matters, if + some of those men who traduce you, do not prefer the offers + of Britain. You will have a different game to play now with + the commissioners. How comes Governor Johnstone there? I do + not see how it comports with his past life. + + Surely Congress will never recede from our French friends. + Salvation to America depends upon our holding fast our + attachment to them. I shall date our ruin from the moment + that it is exchanged for anything Great Britain can say, or + do. She can never be cordial with us. Baffled, defeated, + disgraced by her colonies, she will ever meditate revenge. + We can find no safety but in her ruin, or, at least, in her + extreme humiliation; which has not happened, and cannot + happen, until she is deluged with blood, or thoroughly + purged by a revolution, which shall wipe from existence the + present king with his connections, and the present system + with those who aid and abet it. + + For God's sake, my dear sir, quit not the councils of your + country, until you see us forever disjoined from Great + Britain. The old leaven still works. The fleshpots of Egypt + are still savory to degenerate palates. Again we are undone, + if the French alliance is not religiously observed. Excuse + my freedom. I know your love to our country,--and this is my + motive. May Heaven give you health and prosperity. + + I am yours affectionately, + PATRICK HENRY.[289] + +Before coming to the end of our story of Governor Henry's second +term, it should be mentioned that twice during this period did the +General Assembly confide to him those extraordinary powers which by +many were spoken of as dictatorial; first, on the 22d of January, +1778,[290] and again, on the 28th of May, of the same year.[291] +Finally, so safe had been this great trust in his hands, and so +efficiently had he borne himself, in all the labors and +responsibilities of his high office, that, on the 29th of May, the +House of Delegates, by resolution, unanimously elected him as governor +for a third term,--an act in which, on the same day, the Senate voted +its concurrence. On the 30th of May, Thomas Jefferson, from the +committee appointed to notify the governor of his reëlection, reported +to the House the following answer:-- + + GENTLEMEN,--The General Assembly, in again electing me + governor of this commonwealth, have done me very signal + honor. I trust that their confidence, thus continued in me, + will not be misplaced. I beg you will be pleased, gentlemen, + to present me to the General Assembly in terms of grateful + acknowledgment for this fresh instance of their favor + towards me; and to assure them, that my best endeavors shall + be used to promote the public good, in that station to which + they have once more been pleased to call me.[292] + + +FOOTNOTES: + +[284] Of the official letters of Governor Henry, doubtless many have +perished; a few have been printed in Sparks, Force, Wirt, and +elsewhere; a considerable number, also, are preserved in manuscript in +the archives of the Department of State at Washington. Copies of the +latter are before me as I write. As justifying the statement made in +the text, I would refer to his letters of August 30, 1777; of October +29, 1777; of October 30, 1777; of December 6, 1777; of December 9, +1777; of January 20, 1778; of January 28, 1778; and of June 18, 1778. + +[285] _Writings of Washington_, v. 495-497; 512-515. + +[286] _Jour. Va. House Del._ 131. + +[287] Given in Grigsby, _Va. Conv. of_ 1776, 142 note. + +[288] _Jour. Va. House Del._ 27, 33. + +[289] Lee, _Life of Richard Henry Lee_, i. 195 196. + +[290] _Jour. Va. House Del._ 72, 81, 85, 125, 126. + +[291] _Ibid._ 15, 16, 17. + +[292] _Ibid._ 26, 30. + + + + +CHAPTER XV + +THIRD YEAR IN THE GOVERNORSHIP + + +Governor Henry's third official year was marked, in the great struggle +then in progress, by the arrival of the French fleet, and by its +futile attempts to be of any use to those hard-pressed rebels whom the +king of France had undertaken to encourage in their insubordination; +by awful scenes of carnage and desolation in the outlying settlements +at Wyoming, Cherry Valley, and Schoharie; by British predatory +expeditions along the Connecticut coast; by the final failure and +departure of Lord North's peace commissioners; and by the transfer of +the chief seat of war to the South, beginning with the capture of +Savannah by the British on the 29th of December, 1778, followed by +their initial movement on Charleston, in May, 1779. In the month just +mentioned, likewise, the enemy, under command of General Matthews and +of Sir George Collier, suddenly swooped down on Virginia, first +seizing Portsmouth and Norfolk, and then, after a glorious military +debauch of robbery, ruin, rape, and murder, and after spreading terror +and anguish among the undefended populations of Suffolk, Kemp's +Landing, Tanner's Creek, and Gosport, as suddenly gathered up their +booty, and went back in great glee to New York. + +In the autumn of 1778, the governor had the happiness to hear of the +really brilliant success of the expedition which, with statesmanlike +sagacity, he had sent out under George Rogers Clark, into the Illinois +country, in the early part of the year.[293] Some of the more +important facts connected with this expedition, he thus announced to +the Virginia delegates in Congress:-- + + WILLIAMSBURG, November 14, 1778. + + GENTLEMEN,--The executive power of this State having been + impressed with a strong apprehension of incursions on the + frontier settlements from the savages situated about the + Illinois, and supposing the danger would be greatly obviated + by an enterprise against the English forts and possessions + in that country, which were well known to inspire the + savages with their bloody purposes against us, sent a + detachment of militia, consisting of one hundred and seventy + or eighty men commanded by Colonel George Rogers Clark, on + that service some time last spring. By despatches which I + have just received from Colonel Clark, it appears that his + success has equalled the most sanguine expectations. He has + not only reduced Fort Chartres and its dependencies, but has + struck such a terror into the Indian tribes between that + settlement and the lakes that no less than five of them, + viz., the Puans, Sacks, Renards, Powtowantanies, and Miamis, + who had received the hatchet from the English emissaries, + have submitted to our arms all their English presents, and + bound themselves by treaties and promises to be peaceful in + the future. + + The great Blackbird, the Chappowow chief, has also sent a + belt of peace to Colonel Clark, influenced, he supposes, by + the dread of Detroit's being reduced by American arms. This + latter place, according to Colonel Clark's representation, + is at present defended by so inconsiderable a garrison and + so scantily furnished with provisions, for which they must + be still more distressed by the loss of supplies from the + Illinois, that it might be reduced by any number of men + above five hundred. The governor of that place, Mr. + Hamilton, was exerting himself to engage the savages to + assist him in retaking the places that had fallen into our + hands; but the favorable impression made on the Indians in + general in that quarter, the influence of the French on + them, and the reënforcement of their militia Colonel Clark + expected, flattered him that there was little danger to be + apprehended.... If the party under Colonel Clark can + coöperate in any respect with the measures Congress are + pursuing or have in view, I shall with pleasure give him the + necessary orders. In order to improve and secure the + advantages gained by Colonel Clark, I propose to support him + with a reënforcement of militia. But this will depend on the + pleasure of the Assembly, to whose consideration the measure + is submitted. + + The French inhabitants have manifested great zeal and + attachment to our cause, and insist on garrisons remaining + with them under Colonel Clark. This I am induced to agree + to, because the safety of our own frontiers as well as that + of these people demands a compliance with this request. Were + it possible to secure the St. Lawrence and prevent the + English attempts up that river by seizing some post on it, + peace with the Indians would seem to me to be secured. + + With great regard I have the honor to be, Gentn, + Your most obedient servant, + P. HENRY.[294] + +During the autumn session of the General Assembly, that body showed +its continued confidence in the governor by passing several acts +conferring on him extraordinary powers, in addition to those already +bestowed.[295] + +A letter which the governor wrote at this period to the president of +Congress, respecting military aid from Virginia to States further +south, may give us some idea, not only of his own practical +discernment in the matters involved, but of the confusion which, in +those days, often attended military plans issuing from a many-headed +executive:-- + + WILLIAMSBURG, November 28, 1778. + + SIR,--Your favor of the 16th instant is come to hand, + together with the acts of Congress of the 26th of August for + establishing provision for soldiers and sailors maimed or + disabled in the public service,--of the 26th of September + for organizing the treasury, a proclamation for a general + thanksgiving, and three copies of the alliance between his + most Christian Majesty and these United States. + + I lost no time in laying your letter before the privy + council, and in deliberating with them on the subject of + sending 1000 militia to Charlestown, South Carolina. I beg + to assure Congress of the great zeal of every member of the + executive here to give full efficacy to their designs on + every occasion. But on the present, I am very sorry to + observe, that obstacles great and I fear unsurmountable are + opposed to the immediate march of the men. Upon requisition + to the deputy quartermaster-general in this department for + tents, kettles, blankets, and wagons, he informs they cannot + be had. The season when the march must begin will be severe + and inclement, and, without the forementioned necessaries, + impracticable to men indifferently clad and equipped as they + are in the present general scarcity of clothes. + + The council, as well as myself, are not a little perplexed + on comparing this requisition to defend South Carolina and + Georgia from the assaults of the enemy, with that made a few + days past for galleys to conquer East Florida. The galleys + have orders to rendezvous at Charlestown, which I was taught + to consider as a place of acknowledged safety; and I beg + leave to observe, that there seems some degree of + inconsistency in marching militia such a distance in the + depth of winter, under the want of necessaries, to defend a + place which the former measures seemed to declare safe. + + The act of Assembly whereby it is made lawful to order their + march, confines the operations to measures merely defensive + to a sister State, and of whose danger there is certain + information received. + + However, as Congress have not been pleased to explain the + matters herein alluded to, and altho' a good deal of + perplexity remains with me on the subject, I have by advice + of the privy council given orders for 1000 men to be + instantly got into readiness to march to Charlestown, and + they will march as soon as they are furnished with tents, + kettles, and wagons. In the mean time, if intelligence is + received that their march is essential to the preservation + of either of the States of South Carolina or Georgia the men + will encounter every difficulty, and have orders to proceed + in the best way they can without waiting to be supplied with + those necessaries commonly afforded to troops even on a + summer's march. + + I have to beg that Congress will please to remember the + state of embarrassment in which I must necessarily remain + with respect to the ordering galleys to Charlestown, in + their way to invade Florida, while the militia are getting + ready to defend the States bordering on it, and that they + will please to favor me with the earliest intelligence of + every circumstance that is to influence the measures either + offensive or defensive. + + I have the honor to be, Sir, your most obedient and very + humble servant, + + P. HENRY.[296] + +By the early spring of 1779, it became still more apparent that the +purpose of the enemy was to shift the scene of their activity from the +middle States to the South, and that Virginia, whose soil had never +thus far been bruised by the tread of a hostile army, must soon +experience that dire calamity. Perhaps no one saw this more clearly +than did Governor Henry. At the same time, he also saw that Virginia +must in part defend herself by helping to defend her sister States at +the South, across whose territories the advance of the enemy into +Virginia was likely to be attempted. His clear grasp of the military +situation, in all the broad relations of his own State to it, is thus +revealed in a letter to Washington, dated at Williamsburg, 13th of +March, 1779:-- + + "My last accounts from the South are unfavorable. Georgia is + said to be in full possession of the enemy, and South + Carolina in great danger. The number of disaffected there is + said to be formidable, and the Creek Indians inclining + against us. One thousand militia are ordered thither from + our southern counties; but a doubt is started whether they + are by law obliged to march. I have also proposed a scheme + to embody volunteers for this service; but I fear the length + of the march, and a general scarcity of bread, which + prevails in some parts of North Carolina and this State, may + impede this service. About five hundred militia are ordered + down the Tennessee River, to chastise some new settlements + of renegade Cherokees that infest our southwestern frontier, + and prevent our navigation on that river, from which we + began to hope for great advantages. Our militia have full + possession of the Illinois and the posts on the Wabash; and + I am not without hopes that the same party may overawe the + Indians as far as Detroit. They are independent of General + McIntosh, whose numbers, although upwards of two thousand, I + think could not make any great progress, on account, it is + said, of the route they took, and the lateness of the + season. + + "The conquest of Illinois and Wabash was effected with less + than two hundred men, who will soon be reënforced; and, by + holding posts on the back of the Indians, it is hoped may + intimidate them. Forts Natchez and Morishac are again in the + enemy's hands; and from thence they infest and ruin our + trade on the Mississippi, on which river the Spaniards wish + to open a very interesting commerce with us. I have + requested Congress to authorize the conquest of those two + posts, as the possession of them will give a colorable + pretence to retain all West Florida, when a treaty may be + opened."[297] + +Within two months after that letter was written, the dreaded warships +of the enemy were ploughing the waters of Virginia: it was the +sorrow-bringing expedition of Matthews and Sir George Collier. The +news of their arrival was thus conveyed by Governor Henry to the +president of Congress:-- + + WILLIAMSBURG, 11 May, 1779. + + SIR,--On Saturday last, in the evening, a British fleet + amounting to about thirty sail ... came into the Bay of + Chesapeake, and the next day proceeded to Hampton Road, + where they anchored and remained quiet until yesterday about + noon, when several of the ships got under way, and proceeded + towards Portsmouth, which place I have no doubt they intend + to attack by water or by land or by both, as they have many + flat-bottomed boats with them for the purpose of landing + their troops. As I too well know the weakness of that + garrison, I am in great pain for the consequences, there + being great quantities of merchandise, the property of + French merchants and others in this State, at that place, as + well as considerable quantities of military stores, which, + tho' measures some time since were taken to remove, may + nevertheless fall into the enemy's hands. Whether they may + hereafter intend to fortify and maintain this post is at + present unknown to me, but the consequences which will + result to this State and to the United States finally if + such a measure should be adopted must be obvious. Whether it + may be in the power of Congress to adopt any measures which + can in any manner counteract the design of the enemy is + submitted to their wisdom. At present, I cannot avoid + intimating that I have the greatest reason to think that + many vessels from France with public and private merchandise + may unfortunately arrive while the enemy remain in perfect + possession of the Bay of Chesapeake, and fall victims + unexpectedly. + + Every precaution will be taken to order lookout boats on the + seacoasts to furnish proper intelligence; but the success + attending this necessary measure will be precarious in the + present situation of things.[298] + +On the next day the governor had still heavier tidings for the same +correspondent:-- + + WILLIAMSBURG, May 12, 1779. + + SIR,--I addressed you yesterday upon a subject of the + greatest consequence. The last night brought me the fatal + account of Portsmouth being in possession of the enemy. + Their force was too great to be resisted, and therefore the + fort was evacuated after destroying one capital ship + belonging to the State and one or two private ones loaded + with tobacco. Goods and merchandise, however, of very great + value fall into the enemy's hands. If Congress could by + solicitations procure a fleet superior to the enemy's force + to enter Chesapeake at this critical period, the prospect of + gain and advantage would be great indeed. I have the honor + to be, with the greatest regard, Sir, + + Your most humble and obedient servant, + + P. HENRY.[299] + +To meet this dreadful invasion, the governor attempted to arouse and +direct vigorous measures, in part by a proclamation, on the 14th of +May, announcing to the people of Virginia the facts of the case, "and +requiring the county lieutenants and other military officers in the +Commonwealth, and especially those on the navigable waters, to hold +their respective militias in readiness to oppose the attempts of the +enemy wherever they might be made."[300] + +On the 21st of the month, in a letter to the president of Congress, he +reported the havoc then wrought by the enemy:-- + + WILLIAMSBURG, May 21, 1779. + + SIR,--Being in the greatest haste to dispatch your express, + I have not time to give you any very particular information + concerning the present invasion. Let it suffice therefore to + inform Congress that the number of the enemy's ships are + nearly the same as was mentioned in my former letter; with + regard to the number of the troops which landed and took + Portsmouth, and afterwards proceeded and burnt, plundered, + and destroyed Suffolk, committing various barbarities, etc., + we are still ignorant, as the accounts from the deserters + differ widely; perhaps, however, it may not exceed 2000 or + 2500 men. + + I trust that a sufficient number of troops are embodied and + stationed in certain proportions at this place, York, + Hampton, and on the south side of James River.... When any + further particulars come to my knowledge they shall be + communicated to Congress without delay. + + I have the honor to be, Sir, your humble servant, + + P. HENRY. + + P. S. I am pretty certain that the land forces are commanded + by Gen'l Matthews and the fleet by Sir George Collier.[301] + +In the very midst of this ugly storm, it was required that the ship of +state should undergo a change of commanders. The third year for which +Governor Henry had been elected was nearly at an end. There were some +members of the Assembly who thought him eligible as governor for still +another year, on the ground that his first election was by the +convention, and that the year of office which that body gave to him +"was merely provisory," and formed no proper part of his +constitutional term.[302] Governor Henry himself, however, could not +fail to perceive the unfitness of any struggle upon such a question at +such a time, as well as the futility which would attach to that high +office, if held, amid such perils, under a clouded title. Accordingly, +on the 28th of May, he cut short all discussion by sending to the +speaker of the House of Delegates the following letter:-- + + May 28, 1779. + + SIR,--The term for which I had the honor to be elected + governor by the late Assembly being just about to expire, + and the Constitution, as I think, making me ineligible to + that office, I take the liberty to communicate to the + Assembly through you, Sir, my intention to retire in four or + five days. + + I have thought it necessary to give this notification of my + design, in order that the Assembly may have the earliest + opportunity of deliberating upon the choice of a successor + to me in office. + + With great regard, I have the honor to be, Sir, your most + obedient servant, + + P. HENRY.[303] + +On the first of June, Thomas Jefferson was elected to succeed him in +office, but by a majority of only six votes out of one hundred and +twenty-eight.[304] On the following day Patrick Henry, having received +certain resolutions from the General Assembly[305] commending him for +his conduct while governor, graciously closed this chapter of his +official life by the following letter:-- + + GENTLEMEN,--The House of Delegates have done me very great + honor in the vote expressive of their approbation of my + public conduct. I beg the favor of you, gentlemen, to convey + to that honorable house my most cordial acknowledgments, and + to assure them that I shall ever retain a grateful + remembrance of the high honor they have now conferred on + me.[306] + +In the midst of these frank voices of public appreciation over the +fidelity and efficiency of his service as governor, there were +doubtless the usual murmurs of partisan criticism or of personal +ill-will. For example, a few days after Jefferson had taken his seat +in the stately chair which Patrick Henry had just vacated, St. George +Tucker, in a letter to Theophilus Bland, gave expression to this +sneer: "_Sub rosa_, I wish his excellency's activity may be equal to +the abilities he possesses in so eminent a degree.... But if he should +tread in the steps of his predecessor, there is not much to be +expected from the brightest talents."[307] Over against a taunt like +this, one can scarcely help placing the fact that the general of the +armies who, for three stern years, had been accustomed to lean heavily +for help on this governor of Virginia, and who never paid idle +compliments, nevertheless paid many a tribute to the intelligence, +zeal, and vigorous activity of Governor Henry's administration. Thus, +on the 27th of December, 1777, Washington writes to him: "In several +of my late letters I addressed you on the distress of the troops for +want of clothing. Your ready exertions to relieve them have given me +the highest satisfaction."[308] On the 19th of February, 1778, +Washington again writes to him: "I address myself to you, convinced +that our alarming distresses will engage your most serious +consideration, and that the full force of that zeal and vigor you +have manifested upon every other occasion, will now operate for our +relief, in a matter that so nearly affects the very existence of our +contest."[309] On the 19th of April, 1778, Washington once more writes +to him: "I hold myself infinitely obliged to the legislature for the +ready attention which they have paid to my representation of the wants +of the army, and to you for the strenuous manner in which you have +recommended to the people an observance of my request."[310] Finally, +if any men had even better opportunities than Washington for +estimating correctly Governor Henry's efficiency in his great office, +surely those men were his intimate associates, the members of the +Virginia legislature. It is quite possible that their first election +of him as governor may have been in ignorance of his real qualities as +an executive officer; but this cannot be said of their second and of +their third elections of him, each one of which was made, as we have +seen, without one audible lisp of opposition. Is it to be believed +that, if he had really shown that lack of executive efficiency which +St. George Tucker's sneer implies, such a body of men, in such a +crisis of public danger, would have twice and thrice elected him to +the highest executive office in the State, and that, too, without one +dissenting vote? To say so, indeed, is to fix a far more damning +censure upon them than upon him. + + +FOOTNOTES: + +[293] Clark's _Campaign in the Illinois_, 95-97, where Governor +Henry's public and private instructions are given in full. + +[294] MS. + +[295] _Jour. Va. House Del._ 30, 36, 66; also Hening, ix. 474-476; +477-478; 530-532; 584-585. + +[296] MS. + +[297] Sparks, _Corr. Rev_. ii. 261-262. + +[298] MS. + +[299] MS. + +[300] Burk, _Hist. Va._ iv. 338. + +[301] MS. + +[302] Burk, _Hist. Va._ iv. 350. + +[303] Wirt, 225. + +[304] _Jour. Va. House Del._ 29. + +[305] Burk, _Hist. Va._ 350. + +[306] _Jour. Va. House Del._ 32. + +[307] _Bland Papers_, ii. 11. + +[308] MS. + +[309] MS. + +[310] MS. + + + + +CHAPTER XVI + +AT HOME AND IN THE HOUSE OF DELEGATES + + +The high official rank which Governor Henry had borne during the first +three years of American independence was so impressive to the +imaginations of the French allies who were then in the country, that +some of them addressed their letters to him as "Son Altesse Royale, +Monsieur Patrick Henri, Gouverneur de l'Etat de Virginie."[311] From +this titular royalty he descended, as we have seen, about the 1st of +June, 1779; and for the subsequent five and a half years, until his +recall to the governorship, he is to be viewed by us as a very retired +country gentleman in delicate health, with episodes of labor and of +leadership in the Virginia House of Delegates. + +A little more than a fortnight after his descent from the governor's +chair, he was elected by the General Assembly as a delegate in +Congress.[312] It is not known whether he at any time thought it +possible for him to accept this appointment; but, on the 28th of the +following October, the body that had elected him received from him a +letter declining the service.[313] Moreover, in spite of all +invitations and entreaties, Patrick Henry never afterwards served in +any public capacity outside the State of Virginia. + +During his three years in the governorship, he had lived in the palace +at Williamsburg. In the course of that time, also, he had sold his +estate of Scotchtown, in Hanover County, and had purchased a large +tract of land in the new county of Henry,--a county situated about two +hundred miles southwest from Richmond, along the North Carolina +boundary, and named, of course, in honor of himself. To his new estate +there, called Leatherwood, consisting of about ten thousand acres, he +removed early in the summer of 1779. This continued to be his home +until he resumed the office of governor in November, 1784.[314] + +After the storm and stress of so many years of public life, and of +public life in an epoch of revolution, the invalid body, the +care-burdened spirit, of Patrick Henry must have found great +refreshment in this removal to a distant, wild, and mountainous +solitude. In undisturbed seclusion, he there remained during the +summer and autumn of 1779, and even the succeeding winter and +spring,--scarcely able to hear the far-off noises of the great +struggle in which he had hitherto borne so rugged a part, and of which +the victorious issue was then to be seen by him, though dimly, through +many a murky rack of selfishness, cowardice, and crime. + +His successor in the office of governor was Thomas Jefferson, the +jovial friend of his own jovial youth, bound to him still by that +hearty friendship which was founded on congeniality of political +sentiment, but was afterward to die away, at least on Jefferson's +side, into alienation and hate. To this dear friend Patrick Henry +wrote late in that winter, from his hermitage among the eastward +fastnesses of the Blue Ridge, a remarkable letter, which has never +before been in print, and which is full of interest for us on account +of its impulsive and self-revealing words. Its tone of despondency, +almost of misanthropy,--so unnatural to Patrick Henry,--is perhaps a +token of that sickness of body which had made the soul sick too, and +had then driven the writer into the wilderness, and still kept him +there:-- + + TO THOMAS JEFFERSON. + + LEATHERWOOD, 15th Feby., 1780. + + DEAR SIR,--I return you many thanks for your favor by Mr. + Sanders. The kind notice you were pleased to take of me was + particularly obliging, as I have scarcely heard a word of + public matters since I moved up in the retirement where I + live. + + I have had many anxieties for our commonwealth, principally + occasioned by the depreciation of our money. To judge by + this, which somebody has called the pulse of the state, I + have feared that our body politic was dangerously sick. God + grant it may not be unto death. But I cannot forbear + thinking, the present increase of prices is in great part + owing to a kind of habit, which is now of four or five + years' growth, which is fostered by a mistaken avarice, and + like other habits hard to part with. For there is really + very little money hereabouts. + + What you say of the practice of our distinguished Tories + perfectly agrees with my own observation, and the attempts + to raise prejudices against the French, I know, were begun + when I lived below. What gave me the utmost pain was to see + some men, indeed very many, who were thought good Whigs, + keep company with the miscreants,--wretches who, I am + satisfied, were laboring our destruction. This countenance + shown them is of fatal tendency. They should be shunned and + execrated, and this is the only way to supply the place of + legal conviction and punishment. But this is an effort of + virtue, small as it seems, of which our countrymen are not + capable. + + Indeed, I will own to you, my dear Sir, that observing this + impunity and even respect, which some wicked individuals + have met with while their guilt was clear as the sun, has + sickened me, and made me sometimes wish to be in retirement + for the rest of my life. I will, however, be down, on the + next Assembly, if I am chosen. My health, I am satisfied, + will never again permit a close application to sedentary + business, and I even doubt whether I can remain below long + enough to serve in the Assembly. I will, however, make the + trial. + + But tell me, do you remember any instance where tyranny was + destroyed and freedom established on its ruins, among a + people possessing so small a share of virtue and public + spirit? I recollect none, and this, more than the British + arms, makes me fearful of final success without a reform. + But when or how this is to be effected, I have not the means + of judging. I most sincerely wish you health and prosperity. + If you can spare time to drop me a line now and then, it + will be highly obliging to, dear Sir, your affectionate + friend and obedient servant, + + P. HENRY.[315] + +The next General Assembly, which he thus promised to attend in case he +should be chosen, met at Richmond on the 1st of May, 1780. It hardly +needs to be mentioned that the people of Henry County were proud to +choose him as one of their members in that body; but he seems not to +have taken his seat there until about the 19th of May.[316] From the +moment of his arrival in the House of Delegates, every kind of +responsibility and honor was laid upon him. This was his first +appearance in such an assembly since the proclamation of independence; +and the prestige attaching to his name, as well as his own undimmed +genius for leadership, made him not only the most conspicuous person +in the house, but the nearly absolute director of its business in +every detail of opinion and of procedure on which he should choose to +express himself,--his only rival, in any particular, being Richard +Henry Lee. It helps one now to understand the real reputation he had +among his contemporaries for practical ability, and for a habit of +shrinking from none of the commonplace drudgeries of legislative work, +that during the first few days after his accession to the House he +was placed on the committee of ways and means; on a committee "to +inquire into the present state of the account of the commonwealth +against the United States, and the most speedy and effectual method of +finally settling the same;" on a committee to prepare a bill for the +repeal of a part of the act "for sequestering British property, +enabling those indebted to British subjects to pay off such debts, and +directing the proceedings in suits where such subjects are parties;" +on three several committees respecting the powers and duties of high +sheriffs and of grand juries; and, finally, on a committee to notify +Jefferson of his reëlection as governor, and to report his answer to +the House. On the 7th of June, however, after a service of little more +than two weeks, his own sad apprehensions respecting his health seem +to have been realized, and he was obliged to ask leave to withdraw +from the House for the remainder of the session.[317] + +At the autumn session of the legislature he was once more in his +place. On the 6th of November, the day on which the House was +organized, he was made chairman of the committee on privileges and +elections, and also of a committee "for the better defence of the +southern frontier," and was likewise placed on the committee on +propositions and grievances, as well as on the committee on courts of +justice. On the following day he was made a member of a committee for +the defence of the eastern frontier. On the 10th of November he was +placed on a committee to bring in a bill relating to the enlistment of +Virginia troops, and to the redemption of the state bills of credit +then in circulation, and the emission of new bills. On the 22d of +November he was made a member of a committee to which was again +referred the account between the State and the United States. On the +9th of December he was made a member of a committee to draw up bills +for the organization and maintenance of a navy for the State, and the +protection of navigation and commerce upon its waters. On the 14th of +December he was made chairman of a committee to draw up a bill for the +better regulation and discipline of the militia, and of still another +committee to prepare a bill "for supplying the army with clothes and +provisions."[318] On the 28th of December, the House having knowledge +of the arrival in town of poor General Gates, then drooping under the +burden of those Southern willows which he had so plentifully gathered +at Camden, Patrick Henry introduced the following magnanimous +resolution:-- + + "That a committee of four be appointed to wait on Major + General Gates, and to assure him of the high regard and + esteem of this House; that the remembrance of his former + glorious services cannot be obliterated by any reverse of + fortune; but that this House, ever mindful of his great + merit, will omit no opportunity of testifying to the world + the gratitude which, as a member of the American Union, this + country owes to him in his military character."[319] + +On the 2d of January, 1781, the last day of the session, the House +adopted, on Patrick Henry's motion, a resolution authorizing the +governor to convene the next meeting of the legislature at some other +place than Richmond, in case its assembling in that city should "be +rendered inconvenient by the operations of an invading enemy,"[320] a +resolution reflecting their sense of the peril then hanging over the +State. + +Before the legislature could again meet, events proved that it was no +imaginary danger against which Patrick Henry's resolution had been +intended to provide. On the 2d of January, 1781, the very day on which +the legislature had adjourned, a hostile fleet conveyed into the James +River a force of about eight hundred men under command of Benedict +Arnold, whose eagerness to ravage Virginia was still further +facilitated by the arrival, on the 26th of March, of two thousand men +under General Phillips. Moreover, Lord Cornwallis, having beaten +General Greene at Guilford, in North Carolina, on the 15th of March, +seemed to be gathering force for a speedy advance into Virginia. That +the roar of his guns would soon be heard in the outskirts of their +capital, was what all Virginians then felt to be inevitable. + +Under such circumstances, it is not strange that a session of the +legislature, which is said to have been held on the 1st of March,[321] +should have been a very brief one, or that when the 7th of May +arrived--the day for its reassembling at Richmond--no quorum should +have been present; or that, on the 10th of May, the few members who +had arrived in Richmond should have voted, in deference to "the +approach of an hostile army,"[322] to adjourn to Charlottesville,--a +place of far greater security, ninety-seven miles to the northwest, +among the mountains of Albemarle. By the 20th of May, Cornwallis +reached Petersburg, twenty-three miles south of Richmond; and shortly +afterward, pushing across the James and the Chickahominy, he encamped +on the North Anna, in the county of Hanover. Thus, at last, the single +county of Louisa then separated him from that county in which was the +home of the governor of the State, and where was then convened its +legislature,--Patrick Henry himself being present and in obvious +direction of all its business. The opportunity to bag such game, Lord +Cornwallis was not the man to let slip. Accordingly, on Sunday, the 3d +of June, he dispatched a swift expedition under Tarleton, to surprise +and capture the members of the legislature, "to seize on the person of +the governor," and "to spread on his route devastation and +terror."[323] In this entire scheme, doubtless, Tarleton would have +succeeded, had it not been that as he and his troopers, on that fair +Sabbath day, were hurrying past the Cuckoo tavern in Louisa, one +Captain John Jouette, watching from behind the windows, espied them, +divined their object, and mounting a fleet horse, and taking a shorter +route, got into Charlottesville a few hours in advance of them, just +in time to give the alarm, and to set the imperiled legislators +a-flying to the mountains for safety. + +Then, by all accounts, was witnessed a display of the locomotive +energies of grave and potent senators, such as this world has not +often exhibited. Of this tragically comical incident, of course, the +journal of the House of Delegates makes only the most placid and +forbearing mention. For Monday, June 4, its chief entry is as follows: +"There being reason to apprehend an immediate incursion of the enemy's +cavalry to this place, which renders it indispensable that the General +Assembly should forthwith adjourn to a place of greater security; +resolved, that this House be adjourned until Thursday next, then to +meet at the town of Staunton, in the county of Augusta,"--a town +thirty-nine miles farther west, beyond a chain of mountains, and only +to be reached by them or their pursuers through difficult passes in +the Blue Ridge. The next entry in the journal is dated at Staunton, on +the 7th of June, and, very properly, is merely a prosaic and +business-like record of the reassembling of the House according to the +adjournment aforesaid.[324] + +But as to some of the things that happened in that interval of panic +and of scrambling flight, popular tradition has not been equally +forbearing; and while the anecdotes upon that subject, which have +descended to our time, are very likely decorated by many tassels of +exaggeration and of myth, they yet have, doubtless, some slight +framework of truth, and do really portray for us the actual beliefs of +many people in Virginia respecting a number of their celebrated men, +and especially respecting some of the less celebrated traits of those +men. For example, it is related that on the sudden adjournment of the +House, caused by this dusty and breathless apparition of the speedful +Jouette, and his laconic intimation that Tarleton was coming, the +members, though somewhat accustomed to ceremony, stood not upon the +order of their going, but went at once,--taking first to their horses, +and then to the woods; and that, breaking up into small parties of +fugitives, they thus made their several ways, as best they could, +through the passes of the mountains leading to the much-desired +seclusion of Staunton. One of these parties consisted of Benjamin +Harrison, Colonel William Christian, John Tyler, and Patrick Henry. +Late in the day, tired and hungry, they stopped their horses at the +door of a small hut, in a gorge of the hills, and asked for food. An +old woman, who came to the door, and who was alone in the house, +demanded of them who they were, and where they were from. Patrick +Henry, who acted as spokesman of the party, answered: "We are members +of the legislature, and have just been compelled to leave +Charlottesville on account of the approach of the enemy." "Ride on, +then, ye cowardly knaves," replied she, in great wrath; "here have my +husband and sons just gone to Charlottesville to fight for ye, and you +running away with all your might. Clear out--ye shall have nothing +here." "But," rejoined Mr. Henry, in an expostulating tone, "we were +obliged to fly. It would not do for the legislature to be broken up by +the enemy. Here is Mr. Speaker Harrison; you don't think he would have +fled had it not been necessary?" "I always thought a great deal of Mr. +Harrison till now," answered the old woman; "but he'd no business to +run from the enemy," and she was about to shut the door in their +faces. "Wait a moment, my good woman," urged Mr. Henry; "you would +hardly believe that Mr. Tyler or Colonel Christian would take to +flight if there were not good cause for so doing?" "No, indeed, that I +wouldn't," she replied. "But," exclaimed he, "Mr. Tyler and Colonel +Christian are here." "They here? Well, I never would have thought it;" +and she stood for a moment in doubt, but at once added, "No matter. We +love these gentlemen, and I didn't suppose they would ever run away +from the British; but since they have, they shall have nothing to eat +in my house. You may ride along." In this desperate situation Mr. +Tyler then stepped forward and said, "What would you say, my good +woman, if I were to tell you that Patrick Henry fled with the rest of +us?" "Patrick Henry! I should tell you there wasn't a word of truth in +it," she answered angrily; "Patrick Henry would never do such a +cowardly thing." "But this is Patrick Henry," said Mr. Tyler, pointing +to him. The old woman was amazed; but after some reflection, and with +a convulsive twitch or two at her apron string, she said, "Well, then, +if that's Patrick Henry, it must be all right. Come in, and ye shall +have the best I have in the house."[325] + +The pitiless tongue of tradition does not stop here, but proceeds to +narrate other alleged experiences of this our noble, though somewhat +disconcerted, Patrick. Arrived at last in Staunton, and walking +through its reassuring streets, he is said to have met one Colonel +William Lewis, to whom the face of the orator was then unknown; and to +have told to this stranger the story of the flight of the legislature +from Albemarle. "If Patrick Henry had been in Albemarle," was the +stranger's comment, "the British dragoons never would have passed over +the Rivanna River."[326] + +The tongue of tradition, at last grown quite reckless, perhaps, of +its own credit, still further relates that even at Staunton these +illustrious fugitives did not feel entirely sure that they were beyond +the reach of Tarleton's men. A few nights after their arrival there, +as the story runs, upon some sudden alarm, several of them sprang from +their beds, and, imperfectly clapping on their clothes, fled out of +the town, and took refuge at the plantation of one Colonel George +Moffett, near which, they had been told, was a cave in which they +might the more effectually conceal themselves. Mrs. Moffett, though +not knowing the names of these flitting Solons, yet received them with +true Virginian hospitality: but the next morning, at breakfast, she +made the unlucky remark that there was one member of the legislature +who certainly would not have run from the enemy. "Who is he?" was then +asked. Her reply was, "Patrick Henry." At that moment a gentleman of +the party, himself possessed of but one boot, was observed to blush +considerably. Furthermore, as soon as possible after breakfast, these +imperiled legislators departed in search of the cave; shortly after +which a negro from Staunton rode up, carrying in his hand a solitary +boot, and inquiring earnestly for Patrick Henry. In that way, as the +modern reporter of this very debatable tradition unkindly adds, the +admiring Mrs. Moffett ascertained who it was that the boot fitted; and +he further suggests that, whatever Mrs. Moffett's emotions were at +that time, those of Patrick must have been, "Give me liberty, but not +death."[327] + +Passing by these whimsical tales, we have now to add that the +legislature, having on the 7th of June entered upon its work at +Staunton, steadily continued it there until the 23d of the month, when +it adjourned in orderly fashion, to meet again in the following +October. Governor Jefferson, whose second year of office had expired +two days before the flight of himself and the legislature from +Charlottesville, did not accompany that body to Staunton, but pursued +his own way to Poplar Forest and to Bedford, where, "remote from the +legislature,"[328] he remained during the remainder of its session. On +the 12th of June, Thomas Nelson was elected as his successor in +office.[329] + +It was during this period of confusion and terror that, as Jefferson +alleges, the legislature once more had before it the project of a +dictator, in the criminal sense of that word; and, upon Jefferson's +private authority, both Wirt and Girardin long afterward named Patrick +Henry as the man who was intended for this profligate honor.[330] We +need not here repeat what was said, in our narrative of the closing +weeks of 1776, concerning this terrible posthumous imputation upon the +public and private character of Patrick Henry. Nearly everything which +then appeared to the discredit of this charge in connection with the +earlier date, is equally applicable to it in connection with the later +date also. Moreover, as regards this later date, there has recently +been discovered a piece of contemporaneous testimony which shows that, +whatever may have been the scheme for a dictatorship in Virginia in +1781, it was a great military chieftain who was wanted for the +position; and, apparently, that Patrick Henry was not then even +mentioned in the affair. On the 9th of June, 1781, Captain H. Young, +though not a member of the House of Delegates, writes from Staunton to +Colonel William Davies as follows: "Two days ago, Mr. Nicholas gave +notice that he should this day move to have a dictator appointed. +General Washington and General Greene are talked of. I dare say your +knowledge of these worthy gentlemen will be sufficient to convince you +that neither of them will, or ought to, accept of such an +appointment.... We have but a thin House of Delegates; but they are +zealous, I think, in the cause of virtue."[331] Furthermore, the +journal of that House contains no record of any such motion having +been made; and it is probable that it never was made, and that the +subject never came before the legislature in any such form as to call +for its notice. + +Finally, with respect to both the dates mentioned by Jefferson for the +appearance of the scheme, Edmund Randolph has left explicit testimony +to the effect that such a scheme never had any substantial existence +at all: "Mr. Jefferson, in his Notes on Virginia, speaks with great +bitterness against those members of the Assembly in the years 1776 and +1781, who espoused the erection of a dictator. Coming from such +authority, the invective infects the character of the legislature, +notwithstanding he has restricted the charge to less than a majority, +and acknowledged the spotlessness of most of them.... The subject was +never before them, except as an article of newspaper intelligence, and +even then not in a form which called for their attention. Against this +unfettered monster, which deserved all the impassioned reprobation of +Mr. Jefferson, their tones, it may be affirmed, would have been loud +and tremendous."[332] + +For its autumn session, in 1781, the legislature did not reach an +organization until the 19th of November,--just one month after the +surrender of Cornwallis. Eight days after the organization of the +House, Patrick Henry took his seat;[333] and after a service of less +than four weeks, he obtained leave of absence for the remainder of the +session.[334] During 1782 his attendance upon the House seems to have +been limited to the spring session. At the organization of the House, +on the 12th of May, 1783, he was in his place again, and during that +session, as well as the autumnal one, his attendance was close and +laborious. At both sessions of the House in 1784 he was present and +in full force; but in the very midst of these employments he was +interrupted by his election as governor, on the 17th of +November,--shortly after which, he withdrew to his country-seat in +order to remove his family thence to the capital. + +In the course of all these labors in the legislature, and amid a +multitude of topics merely local and temporary, Patrick Henry had +occasion to deal publicly, and under the peculiar responsibilities of +leadership, with nearly all the most important and difficult questions +that came before the American people during the later years of the war +and the earlier years of the peace. The journal of the House for that +period omits all mention of words spoken in debate; and although it +does occasionally enable us to ascertain on which side of certain +questions Patrick Henry stood, it leaves us in total ignorance of his +reasons for any position which he chose to take. In trying, therefore, +to estimate the quality of his statesmanship when dealing with these +questions, we lack a part of the evidence which is essential to any +just conclusion; and we are left peculiarly at the mercy of those +sweeping censures which have been occasionally applied to his +political conduct during that period.[335] + +On the assurance of peace, in the spring of 1783, perhaps the earliest +and the knottiest problem which had to be taken up was the one +relating to that vast body of Americans who then bore the +contumelious name of Tories,--those Americans who, against all loss +and ignominy, had steadily remained loyal to the unity of the British +empire, unflinching in their rejection of the constitutional heresy of +American secession. How should these execrable beings--the defeated +party in a long and most rancorous civil war--be treated by the party +which was at last victorious? Many of them were already in exile: +should they be kept there? Many were still in this country: should +they be banished from it? As a matter of fact, the exasperation of +public feeling against the Tories was, at that time, so universal and +so fierce that no statesman could then lift up his voice in their +favor without dashing himself against the angriest currents of popular +opinion and passion, and risking the loss of the public favor toward +himself. Nevertheless, precisely this is what Patrick Henry had the +courage to do. While the war lasted, no man spoke against the Tories +more sternly than did he. The war being ended, and its great purpose +secured, no man, excepting perhaps Alexander Hamilton, was so prompt +and so energetic in urging that all animosities of the war should be +laid aside, and that a policy of magnanimous forbearance should be +pursued respecting these baffled opponents of American independence. +It was in this spirit that, as soon as possible after the cessation of +hostilities, he introduced a bill for the repeal of an act "to +prohibit intercourse with, and the admission of British subjects +into" Virginia,[336]--language well understood to refer to the Tories. +This measure, we are told, not only excited surprise, but "was, at +first, received with a repugnance apparently insuperable." Even his +intimate friend John Tyler, the speaker of the House, hotly resisted +it in the committee of the whole, and in the course of his argument, +turning to Patrick Henry, asked "how he, above all other men, could +think of inviting into his family an enemy from whose insults and +injuries he had suffered so severely?" + +In reply to this appeal, Patrick Henry declared that the question +before them was not one of personal feeling; that it was a national +question; and that in discussing it they should be willing to +sacrifice all personal resentments, all private wrongs. He then +proceeded to unfold the proposition that America had everything out of +which to make a great nation--except people. + + "Your great want, sir, is the want of men; and these you + must have, and will have speedily, if you are wise. Do you + ask how you are to get them? Open your doors, sir, and they + will come in. The population of the Old World is full to + overflowing; that population is ground, too, by the + oppressions of the governments under which they live. Sir, + they are already standing on tiptoe upon their native + shores, and looking to your coasts with a wishful and + longing eye.... But gentlemen object to any accession from + Great Britain, and particularly to the return of the British + refugees. Sir, I feel no objection to the return of those + deluded people. They have, to be sure, mistaken their own + interests most wofully, and most wofully have they suffered + the punishment due to their offences. But the relations + which we bear to them and to their native country are now + changed. Their king hath acknowledged our independence. The + quarrel is over. Peace hath returned, and found us a free + people. Let us have the magnanimity, sir, to lay aside our + antipathies and prejudices, and consider the subject in a + political light. Those are an enterprising, moneyed people. + They will be serviceable in taking off the surplus produce + of our lands, and supplying us with necessaries during the + infant state of our manufactures. Even if they be inimical + to us in point of feeling and principle, I can see no + objection, in a political view, in making them tributary to + our advantage. And, as I have no prejudices to prevent my + making this use of them, so, sir, I have no fear of any + mischief that they can do us. Afraid of them? What, sir + [said he, rising to one of his loftiest attitudes, and + assuming a look of the most indignant and sovereign + contempt], shall we, who have laid the proud British lion at + our feet, now be afraid of his whelps?"[337] + +In the same spirit he dealt with the restraints on British commerce +imposed during the war,--a question similar to the one just mentioned, +at least in this particular, that it was enveloped in the angry +prejudices born of the conflict just ended. The journal for the 13th +of May, 1783, has this entry: "Mr. Henry presented, according to +order, a bill 'to repeal the several Acts of Assembly for seizure and +condemnation of British goods found on land;' and the same was +received and read the first time, and ordered to be read a second +time." In advocating this measure, he seems to have lifted the +discussion clear above all petty considerations to the plane of high +and permanent principle, and, according to one of his chief +antagonists in that debate, to have met all objections by arguments +that were "beyond all expression eloquent and sublime." After +describing the embarrassments and distresses of the situation and +their causes, he took the ground that perfect freedom was as necessary +to the health and vigor of commerce as it was to the health and vigor +of citizenship. "Why should we fetter commerce? If a man is in chains, +he droops and bows to the earth, for his spirits are broken; but let +him twist the fetters from his legs, and he will stand erect. Fetter +not commerce, sir. Let her be as free as air; she will range the whole +creation, and return on the wings of the four winds of heaven, to +bless the land with plenty."[338] + +Besides these and other problems in the foreign relations of the +country, there remained, of course, at the end of the war, several +vast domestic problems for American statesmanship to grapple +with,--one of these being the relations of the white race to their +perpetual neighbors, the Indians. In the autumn session of 1784, in a +series of efforts said to have been marked by "irresistible +earnestness and eloquence," he secured the favorable attention of the +House to this ancient problem, and even to his own daring and +statesmanlike solution of it. The whole subject, as he thought, had +been commonly treated by the superior race in a spirit not only mean +and hard, but superficial also; the result being nearly two centuries +of mutual suspicion, hatred, and slaughter. At last the time had come +for the superior race to put an end to this traditional disaster and +disgrace. Instead of tampering with the difficulty by remedies applied +merely to the surface, he was for striking at the root of it, namely, +at the deep divergence in sympathy and in interest between the two +races. There was but one way in which to do this: it was for the white +race to treat the Indians, consistently, as human beings, and as fast +as possible to identify their interests with our own along the entire +range of personal concerns,--in property, government, society, and, +especially, in domestic life. In short, he proposed to encourage, by a +system of pecuniary bounties, the practice of marriage between members +of the two races, believing that such ties, once formed, would be an +inviolable pledge of mutual friendship, fidelity, and forbearance, and +would gradually lead to the transformation of the Indians into a +civilized and Christian people. His bill for this purpose, elaborately +drawn up, was carried through its second reading and "engrossed for +its final passage," when, by his sudden removal from the floor of the +House to the governor's chair, the measure was deprived of its +all-conquering champion, and, on the third reading, it fell a +sacrifice to the Caucasian rage and scorn of the members. + +It is proper to note, also, that during this period of service in the +legislature Patrick Henry marched straight against public opinion, and +jeoparded his popularity, on two or three other subjects. For example, +the mass of the people of Virginia were then so angrily opposed to the +old connection between church and state that they occasionally saw +danger even in projects which in no way involved such a connection. +This was the case with Patrick Henry's necessary and most innocent +measure "for the incorporation of all societies of the Christian +religion which may apply for the same;" likewise, his bill for the +incorporation of the clergy of the Episcopal Church; and, finally, his +more questionable and more offensive resolution for requiring all +citizens of the State to contribute to the expense of supporting some +form of religious worship according to their own preference. + +Whether, in these several measures, Patrick Henry was right or wrong, +one thing, at least, is obvious: no politician who could thus beard in +his very den the lion of public opinion can be accurately described as +a demagogue. + +With respect to those amazing gifts of speech by which, in the House +of Delegates, he thus repeatedly swept all opposition out of his way, +and made people think as he wished them to do, often in the very +teeth of their own immediate interests or prepossessions, an amusing +instance was mentioned, many years afterward, by President James +Madison. During the war Virginia had paid her soldiers in certificates +for the amounts due them, to be redeemed in cash at some future time. +In many cases, the poverty of the soldiers had induced them to sell +these certificates, for trifling sums in ready money, to certain +speculators, who were thus making a traffic out of the public +distress. For the purpose of checking this cruel and harmful business, +Madison brought forward a suitable bill, which, as he told the story, +Patrick Henry supported with an eloquence so irresistible that it was +carried through the House without an opposing vote; while a notorious +speculator in these very certificates, having listened from the +gallery to Patrick Henry's speech, at its conclusion so far forgot his +own interest in the question as to exclaim, "That bill ought to +pass."[339] + +Concerning his appearance and his manner of speech in those days, a +bit of testimony comes down to us from Spencer Roane, who, as he tells +us, first "met with Patrick Henry in the Assembly of 1783." He adds:-- + + "I also then met with R. H. Lee.... I lodged with Lee one or + two sessions, and was perfectly acquainted with him, while I + was yet a stranger to Mr. H. These two gentlemen were the + great leaders in the House of Delegates, and were almost + constantly opposed. Notwithstanding my habits of intimacy + with Mr. Lee, I found myself obliged to vote with P. H. + against him in '83, and against Madison in '84, ... but with + several important exceptions. I voted against him (P. H.), I + recollect, on the subject of the refugees,--he was for + permitting their return; on the subject of a general + assessment; and the act incorporating the Episcopal Church. + I voted with him, in general, because he was, I thought, a + more practical statesman than Madison (time has made Madison + more practical), and a less selfish one than Lee. As an + orator, Mr. Henry demolished Madison with as much ease as + Samson did the cords that bound him before he was shorn. Mr. + Lee held a greater competition.... Mr. Lee was a polished + gentleman. His person was not very good; and he had lost the + use of one of his hands; but his manner was perfectly + graceful. His language was always chaste, and, although + somewhat too monotonous, his speeches were always pleasing; + yet he did not ravish your senses, nor carry away your + judgment by storm.... Henry was almost always victorious. He + was as much superior to Lee in temper as in eloquence.... + Mr. Henry was inferior to Lee in the gracefulness of his + action, and perhaps also in the chasteness of his language; + yet his language was seldom incorrect, and his address + always striking. He had a fine blue eye; and an earnest + manner which made it impossible not to attend to him. His + speaking was unequal, and always rose with the subject and + the exigency. In this respect, he entirely differed from Mr. + Lee, who always was equal. At some times, Mr. Henry would + seem to hobble, especially in the beginning of his speeches; + and, at others, his tones would be almost disagreeable; yet + it was by means of his tones, and the happy modulation of + his voice, that his speaking perhaps had its greatest + effect. He had a happy articulation, and a clear, distinct, + strong voice; and every syllable was distinctly uttered. He + was very unassuming as to himself, amounting almost to + humility, and very respectful towards his competitor; the + consequence was that no feeling of disgust or animosity was + arrayed against him. His exordiums in particular were often + hobbling and always unassuming. He knew mankind too well to + promise much.... He was great at a reply, and greater in + proportion to the pressure which was bearing upon him. The + resources of his mind and of his eloquence were equal to any + drafts which could be made upon them. He took but short + notes of what fell from his adversaries, and disliked the + drudgery of composition; yet it is a mistake to say that he + could not write well."[340] + + +FOOTNOTES: + +[311] Rives, _Life of Madison_, i. 189, note. + +[312] _Jour. Va. House Del._ 54. + +[313] _Jour. Va. House Del._ 27. + +[314] MS. + +[315] MS. + +[316] _Jour. Va. House Del._ 14. + +[317] _Jour. Va. House Del._ 14, 15, 18, 25, 28, 31, 39. + +[318] _Jour. Va. House Del._ 7, 8, 10, 14, 24, 45, 50, 51. + +[319] _Jour. Va. House Del._ 71. + +[320] _Ibid._ 79. + +[321] Burk, _Hist. Va._ iv. 491. + +[322] _Jour. Va. House Del._ 1. + +[323] Burk, _Hist. Va._ iv. 496-497. + +[324] _Jour. Va. House Del._ 10. + +[325] L. G. Tyler, _Letters and Times of the Tylers_, i. 81-83, where +it is said to be taken from Abel's _Life of John Tyler_. + +[326] Peyton, _Hist. Augusta Co._ 211. + +[327] Peyton, _Hist. Augusta Co._ 211. + +[328] Randall, _Life of Jefferson_, i. 352. + +[329] _Jour. Va. House Del._ 15. + +[330] _Jefferson's Writings_, viii. 368; Wirt, 231; Girardin, in Burk. +_Hist. Va._ iv. App. pp. xi.-xii.; Randall, _Life of Jefferson_, i. +348-352. + +[331] _Calendar Va. State Papers_, ii. 152. + +[332] MS. _Hist. Va._ + +[333] _Jour. Va. House Del._ for Nov. 27. + +[334] _Jour. Va. House Del._ for Dec. 21. + +[335] For example, _Bland Papers_, ii. 51; Rives, _Life of Madison_, +i. 536; ii. 240, note. + +[336] _Jour. Va. House Del._ 42. + +[337] John Tyler, in Wirt, 233, 236. + +[338] John Tyler, in Wirt, 237-238. + +[339] Howe, _Hist. Coll. Va._ 222. + +[340] MS. + + + + +CHAPTER XVII + +SHALL THE CONFEDERATION BE MADE STRONGER? + + +We have now arrived at the second period of Patrick Henry's service as +governor of Virginia, beginning with the 30th of November, 1784. For +the four or five years immediately following that date, the salient +facts in his career seem to group themselves around the story of his +relation to that vast national movement which ended in an entire +reorganization of the American Republic under a new Constitution. +Whoever will take the trouble to examine the evidence now at hand +bearing upon the case, can hardly fail to convince himself that the +true story of Patrick Henry's opposition to that great movement has +never yet been told. Men have usually misconceived, when they have not +altogether overlooked, the motives for his opposition, the spirit in +which he conducted it, and the beneficent effects which were +accomplished by it; while his ultimate and firm approval of the new +Constitution, after it had received the chief amendments called for by +his criticisms, has been passionately described as an example of gross +political fickleness and inconsistency, instead of being, as it really +was, a most logical proceeding on his part, and in perfect harmony +with the principles underlying his whole public career. + +Before entering on a story so fascinating for the light it throws on +the man and on the epoch, it is well that we should stay long enough +to glance at what we may call the incidental facts in his life, for +these four or five years now to be looked into. + +Not far from the time of his thus entering once more upon the office +of governor, occurred the death of his aged mother, at the home of his +brother-in-law, Colonel Samuel Meredith of Winton, who, in a letter to +the governor, dated November 22, 1784, speaks tenderly of the long +illness which had preceded the death of the venerable lady, and +especially of the strength and beauty of her character:-- + + "She has been in my family upwards of eleven years; and from + the beginning of that time to the end, her life appeared to + me most evidently to be a continued manifestation of piety + and devotion, guided by such a great share of good sense as + rendered her amiable and agreeable to all who were so happy + as to be acquainted with her. Never have I known a Christian + character equal to hers."[341] + +On bringing his family to the capital, in November, 1784, from the +far-away solitude of Leatherwood, the governor established them, not +within the city itself, but across the James River, at a place called +Salisbury. What with children and with grandchildren, his family had +now become a patriarchal one; and some slight glimpse of himself and +of his manner of life at that time is given us in the memorandum of +Spencer Roane. In deference to "the ideas attached to the office of +governor, as handed down from the royal government," he is said to +have paid careful attention to his costume and personal bearing before +the public, never going abroad except in black coat, waistcoat, and +knee-breeches, in scarlet cloak, and in dressed wig. Moreover, his +family "were furnished with an excellent coach, at a time when these +vehicles were not so common as at present. They lived as genteelly, +and associated with as polished society, as that of any governor +before or since has ever done. He entertained as much company as +others, and in as genteel a style; and when, at the end of two years, +he resigned the office, he had greatly exceeded the salary, and [was] +in debt, which was one cause that induced him to resume the practice +of the law."[342] + +During his two years in the governorship, his duties concerned matters +of much local importance, indeed, but of no particular interest at +present. To this remark one exception may be found in some passages of +friendly correspondence between the governor and Washington,--the +latter then enjoying the long-coveted repose of Mt. Vernon. In +January, 1785, the Assembly of Virginia vested in Washington certain +shares in two companies, just then formed, for opening and extending +the navigation of the James and Potomac rivers.[343] In response to +Governor Henry's letter communicating this act, Washington wrote on +the 27th of February, stating his doubts about accepting such a +gratuity, but at the same time asking the governor as a friend to +assist him in the matter by his advice. Governor Henry's reply is of +interest to us, not only for its allusion to his own domestic +anxieties at the time, but for its revelation of the frank and cordial +relations between the two men:-- + + RICHMOND, March 12th, 1785. + + DEAR SIR,--The honor you are pleased to do me, in your favor + of the 27th ultimo, in which you desire my opinion in a + friendly way concerning the act enclosed you lately, is very + flattering to me. I did not receive the letter till + Thursday, and since that my family has been very sickly. My + oldest grandson, a fine boy indeed, about nine years old, + lays at the point of death. Under this state of uneasiness + and perturbation, I feel some unfitness to consider a + subject of so delicate a nature as that you have desired my + thoughts on. Besides, I have some expectation of a + conveyance more proper, it may be, than the present, when I + would wish to send you some packets received from Ireland, + which I fear the post cannot carry at once. If he does not + take them free, I shan't send them, for they are heavy. + Captain Boyle, who had them from Sir Edward Newenham, wishes + for the honor of a line from you, which I have promised to + forward to him. + + I will give you the trouble of hearing from me next post, + if no opportunity presents sooner, and, in the mean time, I + beg you to be persuaded that, with the most sincere + attachment, I am, dear sir, your most obedient servant, + + P. HENRY.[344] + + GENERAL WASHINGTON. + +The promise contained in this letter was fulfilled on the 19th of the +same month, when the governor wrote to Washington a long and careful +statement of the whole case, urging him to accept the shares, and +closing his letter with an assurance of his "unalterable affection" +and "most sincere attachment,"[345]--a subscription not common among +public men at that time. + +On the 30th of November, 1786, having declined to be put in nomination +for a third year, as permitted by the Constitution, he finally retired +from the office of governor. The House of Delegates, about the same +time, by unanimous vote, crowned him with the public thanks, "for his +wise, prudent, and upright administration, during his last appointment +of chief magistrate of this Commonwealth; assuring him that they +retain a perfect sense of his abilities in the discharge of the duties +of that high and important office, and wish him all domestic happiness +on his return to private life."[346] + +This return to private life meant, among other things, his return, +after an interruption of more than twelve years, to the practice of +the law. For this purpose he deemed it best to give up his remote home +at Leatherwood, and to establish himself in Prince Edward County,--a +place about midway between his former residence and the capital, and +much better suited to his convenience, as an active practitioner in +the courts. Accordingly, in Prince Edward County he continued to +reside from the latter part of 1786 until 1795. Furthermore, by that +county he was soon elected as one of its delegates in the Assembly; +and, resuming there his old position as leader, he continued to serve +in every session until the end of 1790, at which time he finally +withdrew from all official connection with public life. Thus it +happened that, by his retirement from the governorship in 1786, and by +his almost immediate restoration to the House of Delegates, he was put +into a situation to act most aggressively and most powerfully on +public opinion in Virginia during the whole period of the struggle +over the new Constitution. + +As regards his attitude toward that great business, we need, first of +all, to clear away some obscurity which has gathered about the +question of his habitual views respecting the relations of the several +States to the general government. It has been common to suppose that, +even prior to the movement for the new Constitution, Patrick Henry had +always been an extreme advocate of the rights of the States as +opposed to the central authority of the Union; and that the tremendous +resistance which he made to the new Constitution in all stages of the +affair prior to the adoption of the first group of amendments is to be +accounted for as the effect of an original and habitual tendency of +his mind.[347] Such, however, seems not to have been the case. + +In general it may be said that, at the very outset of the Revolution, +Patrick Henry was one of the first of our statesmen to recognize the +existence and the imperial character of a certain cohesive central +authority, arising from the very nature of the revolutionary act which +the several colonies were then taking. As early as 1774, in the first +Continental Congress, it was he who exclaimed: "All distinctions are +thrown down. All America is thrown into one mass." "The distinctions +between Virginians, Pennsylvanians, New Yorkers, and New Englanders +are no more. I am not a Virginian, but an American." In the spring of +1776, at the approach of the question of independence, it was he who +even incurred reproach by his anxiety to defer independence until +after the basis for a general government should have been established, +lest the several States, in separating from England, should lapse into +a separation from one another also. As governor of Virginia from 1776 +to 1779, his official correspondence with the president of Congress, +with the board of war, and with the general of the army is pervaded +by proofs of his respect for the supreme authority of the general +government within its proper sphere. Finally, as a leader in the +Virginia House of Delegates from 1780 to 1784, he was in the main a +supporter of the policy of giving more strength and dignity to the +general government. During all that period, according to the admission +of his most unfriendly modern critic, Patrick Henry showed himself +"much more disposed to sustain and strengthen the federal authority" +than did, for example, his great rival in the House, Richard Henry +Lee; and for the time those two great men became "the living and +active exponents of two adverse political systems in both state and +national questions."[348] In 1784, by which time the weakness of the +general government had become alarming, Patrick Henry was among the +foremost in Virginia to express alarm, and to propose the only +appropriate remedy. For example, on the assembling of the legislature, +in May of that year, he took pains to seek an early interview with two +of his prominent associates in the House of Delegates, Madison and +Jones, for the express purpose of devising with them some method of +giving greater strength to the Confederation. "I find him," wrote +Madison to Jefferson immediately after the interview, "strenuous for +invigorating the federal government, though without any precise +plan."[349] A more detailed account of the same interview was sent to +Jefferson by another correspondent. According to the latter, Patrick +Henry then declared that "he saw ruin inevitable, unless something was +done to give Congress a compulsory process on delinquent States;" that +"a bold example set by Virginia" in that direction "would have +influence on the other States;" and that "this conviction was his only +inducement for coming into the present Assembly." Whereupon, it was +then agreed between them that "Jones and Madison should sketch some +plan for giving greater power to the federal government; and Henry +promised to sustain it on the floor."[350] Finally, such was the +impression produced by Patrick Henry's political conduct during all +those years that, as late as in December, 1786, Madison could speak of +him as having "been hitherto the champion of the federal cause."[351] + +Not far, however, from the date last mentioned Patrick Henry ceased to +be "the champion of the federal cause," and became its chief +antagonist, and so remained until some time during Washington's first +term in the presidency. What brought about this sudden and total +revolution? It can be explained only by the discovery of some new +influence which came into his life between 1784 and 1786, and which +was powerful enough to reverse entirely the habitual direction of his +political thought and conduct. Just what that influence was can now +be easily shown. + +On the 3d of August, 1786, John Jay, as secretary for foreign affairs, +presented to Congress some results of his negotiations with the +Spanish envoy, Gardoqui, respecting a treaty with Spain; and he then +urged that Congress, in view of certain vast advantages to our foreign +commerce, should consent to surrender the navigation of the +Mississippi for twenty-five or thirty years,[352]--a proposal which, +very naturally, seemed to the six Southern States as nothing less than +a cool invitation to them to sacrifice their own most important +interests for the next quarter of a century, in order to build up +during that period the interests of the seven States of the North. The +revelation of this project, and of the ability of the Northern States +to force it through, sent a shock of alarm and of distrust into every +Southern community. Moreover, full details of these transactions in +Congress were promptly conveyed to Governor Henry by James Monroe, who +added this pungent item,--that a secret project was then under the +serious consideration of "committees" of Northern men, for a +dismemberment of the Union, and for setting the Southern States +adrift, after having thus bartered away from them the use of the +Mississippi.[353] + +On the same day that Monroe was writing from New York that letter to +Governor Henry, Madison was writing from Philadelphia a letter to +Jefferson. Having mentioned a plan for strengthening the +Confederation, Madison says:-- + + "Though my wishes are in favor of such an event, yet I + despair so much of its accomplishment at the present crisis, + that I do not extend my views beyond a commercial reform. To + speak the truth, I almost despair even of this. You will + find the cause in a measure now before Congress, ... a + proposed treaty with Spain, one article of which shuts the + Mississippi for twenty or thirty years. Passing by the other + Southern States, figure to yourself the effect of such a + stipulation on the Assembly of Virginia, already jealous of + Northern politics, and which will be composed of thirty + members from the Western waters,--of a majority of others + attached to the Western country from interests of their own, + of their friends, or their constituents.... Figure to + yourself its effect on the people at large on the Western + waters, who are impatiently waiting for a favorable result + to the negotiation with Gardoqui, and who will consider + themselves sold by their Atlantic brethren. Will it be an + unnatural consequence if they consider themselves absolved + from every federal tie, and court some protection for their + betrayed rights?"[354] + +How truly Madison predicted the fatal construction which in the South, +and particularly in Virginia, would be put upon the proposed surrender +of the Mississippi, may be seen by a glance at some of the resolutions +which passed the Virginia House of Delegates on the 29th of the +following November:-- + + "That the common right of navigating the river Mississippi, + and of communicating with other nations through that + channel, ought to be considered as the bountiful gift of + nature to the United States, as proprietors of the + territories watered by the said river and its eastern + branches, and as moreover secured to them by the late + revolution. + + "That the Confederacy, having been formed on the broad basis + of equal rights, in every part thereof, to the protection + and guardianship of the whole, a sacrifice of the rights of + any one part, to the supposed or real interest of another + part, would be a flagrant violation of justice, a direct + contravention of the end for which the federal government + was instituted, and an alarming innovation in the system of + the Union."[355] + +One day after the passage of those resolutions, Patrick Henry ceased +to be the governor of Virginia; and five days afterward he was chosen +by Virginia as one of its seven delegates to a convention to be held +at Philadelphia in the following May for the purpose of revising the +federal Constitution. But amid the widespread excitement, amid the +anger and the suspicion then prevailing as to the liability of the +Southern States, even under a weak confederation, to be slaughtered, +in all their most important concerns, by the superior weight and +number of the Northern States, it is easy to see how little inclined +many Southern statesmen would be to increase that liability by making +this weak confederation a strong one. In the list of such Southern +statesmen Patrick Henry must henceforth be reckoned; and, as it was +never his nature to do anything tepidly or by halves, his hostility +to the project for strengthening the Confederation soon became as hot +as it was comprehensive. On the 7th of December, only three days after +he was chosen as a delegate to the Philadelphia convention, Madison, +then at Richmond, wrote concerning him thus anxiously to Washington:-- + + "I am entirely convinced from what I observe here, that + unless the project of Congress can be reversed, the hopes of + carrying this State into a proper federal system will be + demolished. Many of our most federal leading men are + extremely soured with what has already passed. Mr. Henry, + who has been hitherto the champion of the federal cause, has + become a cold advocate, and, in the event of an actual + sacrifice of the Mississippi by Congress, will + unquestionably go over to the opposite side."[356] + +But in spite of this change in his attitude toward the federal cause, +perhaps he would still go to the great convention. On that subject he +appears to have kept his own counsel for several weeks; but by the 1st +of March, 1787, Edmund Randolph, at Richmond, was able to send this +word to Madison, who was back in his place in Congress: "Mr. Henry +peremptorily refuses to go;" and Randolph mentions as Henry's reasons +for this refusal, not only his urgent professional duties, but his +repugnance to the proceedings of Congress in the matter of the +Mississippi.[357] Five days later, from the same city, John Marshall +wrote to Arthur Lee: "Mr. Henry, whose opinions have their usual +influence, has been heard to say that he would rather part with the +Confederation than relinquish the navigation of the Mississippi."[358] +On the 18th of the same month, in a letter to Washington, Madison +poured out his solicitude respecting the course which Henry was going +to take: "I hear from Richmond, with much concern, that Mr. Henry has +positively declined his mission to Philadelphia. Besides the loss of +his services on that theatre, there is danger, I fear, that this step +has proceeded from a wish to leave his conduct unfettered on another +theatre, where the result of the convention will receive its destiny +from his omnipotence."[359] On the next day, Madison sent off to +Jefferson, who was then in Paris, an account of the situation: "But +although it appears that the intended sacrifice of the Mississippi +will not be made, the consequences of the intention and the attempt +are likely to be very serious. I have already made known to you the +light in which the subject was taken up by Virginia. Mr. Henry's +disgust exceeds all measure, and I am not singular in ascribing his +refusal to attend the convention, to the policy of keeping himself +free to combat or espouse the result of it according to the result of +the Mississippi business, among other circumstances."[360] + +Finally, on the 25th of March Madison wrote to Randolph, evidently in +reply to the information given by the latter on the 1st of the month: +"The refusal of Mr. Henry to join in the task of revising the +Confederation is ominous; and the more so, I fear, if he means to be +governed by the event which you conjecture."[361] + +That Patrick Henry did not attend the great convention, everybody +knows; but the whole meaning of his refusal to do so, everybody may +now understand somewhat more clearly, perhaps, than before. + + +FOOTNOTES: + +[341] MS. + +[342] MS. + +[343] Hening, xi. 525-526. + +[344] MS. + +[345] Sparks, _Corr. Rev._ iv. 93-96. See, also, Washington's letter +to Henry, for Nov. 30, 1785, in _Writings of W._ xii. 277-278. + +[346] _Jour. Va. House Del._ for Nov. 25, 1786. + +[347] For example, Curtis, _Hist. Const._ ii. 553-554. + +[348] Rives, _Life of Madison_, i. 536-537. + +[349] Madison, _Letters_, etc. i. 80. + +[350] Bancroft, _Hist. Const._ i. 162. + +[351] Madison, _Letters_, etc. i. 264. + +[352] _Secret Jour. Cong._ iv. 44-63. + +[353] Rives, _Life of Madison_, ii. 122. + +[354] Rives, _Life of Madison_, ii. 119-120. + +[355] _Jour. Va. House Del._ 66-67. + +[356] Madison, _Letters_, etc. i. 264. + +[357] Rives, _Life of Madison_, ii. 238-239. + +[358] R. H. Lee, _Life of A. Lee_, ii. 321. + +[359] Sparks, _Corr. Rev._ iv. 168. + +[360] _Madison Papers_, ii. 623. + +[361] _Madison Papers_, 627. + + + + +CHAPTER XVIII + +THE BATTLE IN VIRGINIA OVER THE NEW CONSTITUTION + + +The great convention at Philadelphia, after a session of four months, +came to the end of its noble labors on the 17th of September, 1787. +Washington, who had been not merely its presiding officer but its +presiding genius, then hastened back to Mt. Vernon, and, in his great +anxiety to win over to the new Constitution the support of his old +friend Patrick Henry, he immediately dispatched to him a copy of that +instrument, accompanied by a very impressive and conciliatory +letter,[362] to which, about three weeks afterwards, was returned the +following reply:-- + + RICHMOND, October 19, 1787. + + DEAR SIR,--I was honored by the receipt of your favor, + together with a copy of the proposed federal Constitution, a + few days ago, for which I beg you to accept my thanks. They + are also due to you from me as a citizen, on account of the + great fatigue necessarily attending the arduous business of + the late convention. + + I have to lament that I cannot bring my mind to accord with + the proposed Constitution. The concern I feel on this + account is really greater than I am able to express. Perhaps + mature reflections may furnish me with reasons to change my + present sentiments into a conformity with the opinions of + those personages for whom I have the highest reverence. Be + that as it may, I beg you will be persuaded of the + unalterable regard and attachment with which I shall be, + + Dear Sir, your obliged and very humble servant, + + P. HENRY.[363] + +Four days before the date of this letter the legislature of Virginia +had convened at Richmond for its autumn session, and Patrick Henry had +there taken his usual place on the most important committees, and as +the virtual director of the thought and work of the House. Much +solicitude was felt concerning the course which he might advise the +legislature to adopt on the supreme question then before the +country,--some persons even fearing that he might try to defeat the +new Constitution in Virginia by simply preventing the call of a state +convention. Great was Washington's satisfaction on receiving from one +of his correspondents in the Assembly, shortly after the session +began, this cheerful report:-- + + "I have not met with one in all my inquiries (and I have + made them with great diligence) opposed to it, except Mr. + Henry, who I have heard is so, but could only conjecture it + from a conversation with him on the subject.... The + transmissory note of Congress was before us to-day, when + Mr. Henry declared that it transcended our powers to decide + on the Constitution, and that it must go before a + convention. As it was insinuated he would aim at preventing + this, much pleasure was discovered at the declaration."[364] + +On the 24th of October, from his place in Congress, Madison sent over +to Jefferson, in Paris, a full account of the results of the +Philadelphia convention, and of the public feeling with reference to +its work: "My information from Virginia is as yet extremely +imperfect.... The part which Mr. Henry will take is unknown here. Much +will depend on it. I had taken it for granted, from a variety of +circumstances, that he would be in the opposition, and still think +that will be the case. There are reports, however, which favor a +contrary supposition."[365] But, by the 9th of December, Madison was +able to send to Jefferson a further report, which indicated that all +doubt respecting the hostile attitude of Patrick Henry was then +removed. After mentioning that a majority of the people of Virginia +seemed to be in favor of the Constitution, he added: "What change may +be produced by the united influence and exertions of Mr. Henry, Mr. +Mason, and the governor, with some pretty able auxiliaries, is +uncertain.... Mr. Henry is the great adversary who will render the +event precarious. He is, I find, with his usual address, working up +every possible interest into a spirit of opposition."[366] + +Long before the date last mentioned, the legislature had regularly +declared for a state convention, to be held at Richmond on the first +Monday in June, 1788, then and there to determine whether or not +Virginia would accept the new Constitution. In view of that event, +delegates were in the mean time to be chosen by the people; and thus, +for the intervening months, the fight was to be transferred to the +arena of popular debate. In such a contest Patrick Henry, being once +aroused, was not likely to take a languid or a hesitating part; and of +the importance then attached to the part which he did take, we catch +frequent glimpses in the correspondence of the period. Thus, on the +19th of February, 1788, Madison, still at New York, sent this word to +Jefferson: "The temper of Virginia, as far as I can learn, has +undergone but little change of late. At first, there was an enthusiasm +for the Constitution. The tide next took a sudden and strong turn in +the opposite direction. The influence and exertions of Mr. Henry, +Colonel Mason, and some others, will account for this.... I am told +that a very bold language is held by Mr. Henry and some of his +partisans."[367] On the 10th of April, Madison, then returned to his +home in Virginia, wrote to Edmund Randolph: "The declaration of Henry, +mentioned in your letter, is a proof to me that desperate measures +will be his game."[368] On the 22d of the same month Madison wrote to +Jefferson: "The adversaries take very different grounds of opposition. +Some are opposed to the substance of the plan; others, to particular +modifications only. Mr. Henry is supposed to aim at disunion."[369] On +the 24th of April, Edward Carrington, writing from New York, told +Jefferson: "Mr. H. does not openly declare for a dismemberment of the +Union, but his arguments in support of his opposition to the +Constitution go directly to that issue. He says that three +confederacies would be practicable, and better suited to the good of +commerce than one."[370] On the 28th of April, Washington wrote to +Lafayette on account of the struggle then going forward; and after +naming some of the leading champions of the Constitution, he adds +sorrowfully: "Henry and Mason are its great adversaries."[371] +Finally, as late as on the 12th of June, the Rev. John Blair Smith, at +that time president of Hampden-Sidney College, conveyed to Madison, an +old college friend, his own deep disapproval of the course which had +been pursued by Patrick Henry in the management of the canvass against +the Constitution:-- + + "Before the Constitution appeared, the minds of the people + were artfully prepared against it; so that all opposition + [to Mr. Henry] at the election of delegates to consider it, + was in vain. That gentleman has descended to lower artifices + and management on the occasion than I thought him capable + of.... If Mr. Innes has shown you a speech of Mr. Henry to + his constituents, which I sent him, you will see something + of the method he has taken to diffuse his poison.... It + grieves me to see such great natural talents abused to such + purposes."[372] + +On Monday, the 2d of June, 1788, the long-expected convention +assembled at Richmond. So great was the public interest in the event +that a full delegation was present, even on the first day; and in +order to make room for the throngs of citizens from all parts of +Virginia and from other States, who had flocked thither to witness the +impending battle, it was decided that the convention should hold its +meetings in the New Academy, on Shockoe Hill, the largest +assembly-room in the city. + +Eight States had already adopted the Constitution. The five States +which had yet to act upon the question were New Hampshire, Rhode +Island, New York, North Carolina, and Virginia. For every reason, the +course then to be taken by Virginia would have great consequences. +Moreover, since the days of the struggle over independence, no +question had so profoundly moved the people of Virginia; none had +aroused such hopes and such fears; none had so absorbed the thoughts, +or so embittered the relations of men. It is not strange, therefore, +that this convention, consisting of one hundred and seventy members, +should have been thought to represent, to an unusual degree, the +intelligence, the character, the experience, the reputation of the +State. Perhaps it would be true to say that, excepting Washington, +Jefferson, and Richard Henry Lee, no Virginian of eminence was absent +from it. + +Furthermore, the line of division, which from the outset parted into +two hostile sections these one hundred and seventy Virginians, was +something quite unparalleled. In other States it had been noted that +the conservative classes, the men of education and of property, of +high office, of high social and professional standing, were nearly all +on the side of the new Constitution. Such was not the case in +Virginia. Of the conservative classes throughout that State, quite as +many were against the new Constitution as were in favor of it. Of the +four distinguished citizens who had been its governors, since Virginia +had assumed the right to elect governors,--Patrick Henry, Jefferson, +Nelson, and Harrison,--each in turn had denounced the measure as +unsatisfactory and dangerous; while Edmund Randolph, the governor then +in office, having attended the great convention at Philadelphia, and +having there refused to sign the Constitution, had published an +impressive statement of his objections to it, and, for several months +thereafter, had been counted among its most formidable opponents. +Concerning the attitude of the legal profession,--a profession always +inclined to conservatism,--Madison had written to Jefferson: "The +general and admiralty courts, with most of the bar, oppose the +Constitution."[373] Finally, among Virginians who were at that time +particularly honored and trusted for patriotic services during the +Revolution, such men as these, Theodoric Bland, William Grayson, John +Tyler, Meriwether Smith, James Monroe, George Mason, and Richard Henry +Lee, had declared their disapproval of the document. + +Nevertheless, within the convention itself, at the opening of the +session, it was claimed by the friends of the new government that they +then outnumbered their opponents by at least fifty votes.[374] Their +great champion in debate was James Madison, who was powerfully +assisted, first or last, by Edmund Pendleton, John Marshall, George +Nicholas, Francis Corbin, George Wythe, James Innes, General Henry +Lee, and especially by that same Governor Randolph who, after +denouncing the Constitution for "features so odious" that he could not +"agree to it,"[375] had finally swung completely around to its +support. + +Against all this array of genius, learning, character, logical acumen, +and eloquence, Patrick Henry held the field as protagonist for +twenty-three days,--his chief lieutenants in the fight being Mason, +Grayson, and John Dawson, with occasional help from Harrison, Monroe, +and Tyler. Upon him alone fell the brunt of the battle. Out of the +twenty-three days of that splendid tourney, there were but five days +in which he did not take the floor. On each of several days he made +three speeches; on one day he made five speeches; on another day +eight. In one speech alone, he was on his legs for seven hours. The +words of all who had any share in that debate were taken down, +according to the imperfect art of the time, by the stenographer, David +Robertson, whose reports, however, are said to be little more than a +pretty full outline of the speeches actually made: but in the volume +which contains these abstracts, one of Patrick Henry's speeches fills +eight pages, another ten pages, another sixteen, another twenty-one, +another forty; while, in the aggregate, his speeches constitute nearly +one quarter of the entire book,--a book of six hundred and sixty-three +pages.[376] + +Any one who has fallen under the impression, so industriously +propagated by the ingenious enmity of Jefferson's old age, that +Patrick Henry was a man of but meagre information and of extremely +slender intellectual resources, ignorant especially of law, of +political science, and of history, totally lacking in logical power +and in precision of statement, with nothing to offset these +deficiencies excepting a strange gift of overpowering, dithyrambic +eloquence, will find it hard, as he turns over the leaves on which are +recorded the debates of the Virginia convention, to understand just +how such a person could have made the speeches which are there +attributed to Patrick Henry, or how a mere rhapsodist could have thus +held his ground, in close hand-to-hand combat, for twenty-three days, +against such antagonists, on all the difficult subjects of law, +political science, and history involved in the Constitution of the +United States,--while showing at the same time every quality of good +generalship as a tactician and as a party leader. "There has been, I +am aware," says an eminent historian of the Constitution, "a modern +scepticism concerning Patrick Henry's abilities; but I cannot share +it.... The manner in which he carried on the opposition to the +Constitution in the convention of Virginia, for nearly a whole month, +shows that he possessed other powers besides those of great natural +eloquence."[377] + +But, now, what were Patrick Henry's objections to the new +Constitution? + +First of all, let it be noted that his objections did not spring from +any hostility to the union of the thirteen States, or from any +preference for a separate union of the Southern States. Undoubtedly +there had been a time, especially under the provocations connected +with the Mississippi business, when he and many other Southern +statesmen sincerely thought that there might be no security for their +interests even under the Confederation, and that this lack of security +would be even more glaring and disastrous under the new Constitution. +Such, for example, seems to have been the opinion of Governor Benjamin +Harrison, as late as October the 4th, 1787, on which date he thus +wrote to Washington: "I cannot divest myself of an opinion that ... if +the Constitution is carried into effect, the States south of the +Potomac will be little more than appendages to those to the northward +of it."[378] It is very probable that this sentence accurately +reflects, likewise, Patrick Henry's mood of thought at that time. +Nevertheless, whatever may have been his thought under the sectional +suspicions and alarms of the preceding months, it is certain that, at +the date of the Virginia convention, he had come to see that the +thirteen States must, by all means, try to keep together. "I am +persuaded," said he, in reply to Randolph, "of what the honorable +gentleman says, 'that separate confederacies will ruin us.'" "Sir," he +exclaimed on another occasion, "the dissolution of the Union is most +abhorrent to my mind. The first thing I have at heart is American +liberty; the second thing is American union." Again he protested: "I +mean not to breathe the spirit, nor utter the language, of +secession."[379] + +In the second place, he admitted that there were great defects in the +old Confederation, and that those defects ought to be cured by proper +amendments, particularly in the direction of greater strength to the +federal government. But did the proposed Constitution embody such +amendments? On the contrary, that Constitution, instead of properly +amending the old Confederation, simply annihilated it, and replaced +it by something radically different and radically dangerous. + + "The federal convention ought to have amended the old + system; for this purpose they were solely delegated; the + object of their mission extended to no other consideration." + "The distinction between a national government and a + confederacy is not sufficiently discerned. Had the delegates + who were sent to Philadelphia a power to propose a + consolidated government, instead of a confederacy?" "Here is + a resolution as radical as that which separated us from + Great Britain. It is radical in this transition; our rights + and privileges are endangered, and the sovereignty of the + States will be relinquished: and cannot we plainly see that + this is actually the case? The rights of conscience, trial + by jury, liberty of the press, all your immunities and + franchises, all pretensions to human rights and privileges, + are rendered insecure, if not lost, by this change, so + loudly talked of by some, so inconsiderately by others." "A + number of characters, of the greatest eminence in this + country, object to this government for its consolidating + tendency. This is not imaginary. It is a formidable reality. + If consolidation proves to be as mischievous to this country + as it has been to other countries, what will the poor + inhabitants of this country do? This government will operate + like an ambuscade. It will destroy the state governments, + and swallow the liberties of the people, without giving + previous notice. If gentlemen are willing to run the hazard, + let them run it; but I shall exculpate myself by my + opposition and monitory warnings within these walls."[380] + +But, in the third place, besides transforming the old confederacy into +a centralized and densely consolidated government, and clothing that +government with enormous powers over States and over individuals, what +had this new Constitution provided for the protection of States and of +individuals? Almost nothing. It had created a new and a tremendous +power over us; it had failed to cover us with any shield, or to +interpose any barrier, by which, in case of need, we might save +ourselves from the wanton and fatal exercise of that power. In short, +the new Constitution had no bill of rights. But "a bill of rights," he +declared, is "indispensably necessary." + + "A general positive provision should be inserted in the new + system, securing to the States and the people every right + which was not conceded to the general government." "I trust + that gentlemen, on this occasion, will see the great objects + of religion, liberty of the press, trial by jury, + interdiction of cruel punishments, and every other sacred + right, secured, before they agree to that paper." "Mr. + Chairman, the necessity of a bill of rights appears to me to + be greater in this government than ever it was in any + government before. I have observed already that the sense of + European nations, and particularly Great Britain, is against + the construction of rights being retained which are not + expressly relinquished. I repeat, that all nations have + adopted the construction, that all rights not expressly and + unequivocally reserved to the people are impliedly and + incidentally relinquished to rulers, as necessarily + inseparable from delegated powers.... Let us consider the + sentiments which have been entertained by the people of + America on this subject. At the Revolution, it must be + admitted that it was their sense to set down those great + rights which ought, in all countries, to be held inviolable + and sacred. Virginia did so, we all remember. She made a + compact to reserve, expressly, certain rights.... She most + cautiously and guardedly reserved and secured those + invaluable, inestimable rights and privileges which no + people, inspired with the least glow of patriotic liberty, + ever did, or ever can, abandon. She is called upon now to + abandon them, and dissolve that compact which secured them + to her.... Will she do it? This is the question. If you + intend to reserve your unalienable rights, you must have the + most express stipulation; for, if implication be allowed, + you are ousted of those rights. If the people do not think + it necessary to reserve them, they will be supposed to be + given up.... If you give up these powers, without a bill of + rights, you will exhibit the most absurd thing to mankind + that ever the world saw,--a government that has abandoned + all its powers,--the powers of direct taxation, the sword, + and the purse. You have disposed of them to Congress, + without a bill of rights, without check, limitation, or + control. And still you have checks and guards; still you + keep barriers--pointed where? Pointed against your weakened, + prostrated, enervated, state government! You have a bill of + rights to defend you against the state government--which is + bereaved of all power, and yet you have none against + Congress--though in full and exclusive possession of all + power. You arm yourselves against the weak and defenceless, + and expose yourselves naked to the armed and powerful. Is + not this a conduct of unexampled absurdity?"[381] + +Again and again, in response to his demand for an express assertion, +in the instrument itself, of the rights of individuals and of States, +he was told that every one of those rights was secured, since it was +naturally and fairly implied. "Even say," he rejoined, "it is a +natural implication,--why not give us a right ... in express terms, in +language that could not admit of evasions or subterfuges? If they can +use implication for us, they can also use implication against us. We +are giving power; they are getting power; judge, then, on which side +the implication will be used." "Implication is dangerous, because it +is unbounded; if it be admitted at all, and no limits prescribed, it +admits of the utmost extension." "The existence of powers is +sufficiently established. If we trust our dearest rights to +implication, we shall be in a very unhappy situation."[382] + +Then, in addition to his objections to the general character of the +Constitution, namely, as a consolidated government, unrestrained by an +express guarantee of rights, he applied his criticisms in great +detail, and with merciless rigor, to each department of the proposed +government,--the legislative, the executive, and the judicial; and +with respect to each one of these he insisted that its intended +functions were such as to inspire distrust and alarm. Of course, we +cannot here follow this fierce critic of the Constitution into all the +detail of his criticisms; but, as a single example, we may cite a +portion of his assault upon the executive department,--an assault, as +will be seen, far better suited to the political apprehensions of his +own time than of ours:-- + + "The Constitution is said to have beautiful features; but + when I come to examine these features, sir, they appear to + me horribly frightful. Among other deformities, it has an + awful squinting; it squints towards monarchy. And does not + this raise indignation in the breast of every true American? + Your president may easily become king.... Where are your + checks in this government? Your strongholds will be in the + hands of your enemies. It is on a supposition that your + American governors shall be honest, that all the good + qualities of this government are founded; but its defective + and imperfect construction puts it in their power to + perpetrate the worst of mischiefs, should they be bad men. + And, sir, would not all the world, from the eastern to the + western hemispheres, blame our distracted folly in resting + our rights upon the contingency of our rulers being good or + bad? Show me that age and country where the rights and + liberties of the people were placed on the sole chance of + their rulers being good men, without a consequent loss of + liberty.... If your American chief be a man of ambition and + abilities, how easy is it for him to render himself + absolute! The army is in his hands; and if he be a man of + address, it will be attached to him, and it will be the + subject of long meditation with him to seize the first + auspicious moment to accomplish his design. And, sir, will + the American spirit solely relieve you when this happens? I + would rather infinitely--and I am sure most of this + convention are of the same opinion--have a king, lords, and + commons, than a government so replete with such + insupportable evils. If we make a king, we may prescribe the + rules by which he shall rule his people, and interpose such + checks as shall prevent him from infringing them; but the + president, in the field, at the head of his army, can + prescribe the terms on which he shall reign master, so far + that it will puzzle any American ever to get his neck from + under the galling yoke.... Will not the recollection of his + crimes teach him to make one bold push for the American + throne? Will not the immense difference between being master + of everything, and being ignominiously tried and punished, + powerfully excite him to make this bold push? But, sir, + where is the existing force to punish him? Can he not, at + the head of his army, beat down every opposition? Away with + your president! we shall have a king. The army will salute + him monarch. Your militia will leave you, and assist in + making him king, and fight against you. And what have you to + oppose this force? What will then become of you and your + rights? Will not absolute despotism ensue?"[383] + +Without reproducing here, in further detail, Patrick Henry's +objections to the new Constitution, it may now be stated that they all +sprang from a single idea, and all revolved about that idea, namely, +that the new plan of government, as it then stood, seriously +endangered the rights and liberties of the people of the several +States. And in holding this opinion he was not at all peculiar. Very +many of the ablest and noblest statesmen of the time shared it with +him. Not to name again his chief associates in Virginia, nor to cite +the language of such men as Burke and Rawlins Lowndes, of South +Carolina; as Timothy Bloodworth, of North Carolina; as Samuel Chase +and Luther Martin, of Maryland; as George Clinton, of New York; as +Samuel Adams, John Hancock, and Elbridge Gerry, of Massachusetts; as +Joshua Atherton, of New Hampshire, it may sufficiently put us into the +tone of contemporary opinion upon the subject, to recall certain grave +words of Jefferson, who, watching the whole scene from the calm +distance of Paris, thus wrote on the 2d of February, 1788, to an +American friend:-- + + "I own it astonishes me to find such a change wrought in the + opinions of our countrymen since I left them, as that three + fourths of them should be contented to live under a system + which leaves to their governors the power of taking from + them the trial by jury in civil cases, freedom of religion, + freedom of the press, freedom of commerce, the habeas corpus + laws, and of yoking them with a standing army. That is a + degeneracy in the principles of liberty, to which I had + given four centuries, instead of four years."[384] + +Holding such objections to the proposed Constitution, what were +Patrick Henry and his associates in the Virginia convention to do? +Were they to reject the measure outright? Admitting that it had some +good features, they yet thought that the best course to be taken by +Virginia would be to remit the whole subject to a new convention of +the States,--a convention which, being summoned after a year or more +of intense and universal discussion, would thus represent the later, +the more definite, and the more enlightened desires of the American +people. But despairing of this, Patrick Henry and his friends +concentrated all their forces upon this single and clear line of +policy: so to press their objections to the Constitution as to induce +the convention, not to reject it, but to postpone its adoption until +they could refer to the other States in the American confederacy the +following momentous proposition, namely, "a declaration of rights, +asserting, and securing from encroachment, the great principles of +civil and religious liberty, and the undeniable rights of the people, +together with amendments to the most exceptionable parts of the said +constitution of government."[385] + +Such, then, was the real question over which in that assemblage, from +the first day to the last, the battle raged. The result of the battle +was reached on Wednesday, the 25th of June; and that result was a +victory for immediate adoption, but by a majority of only ten votes, +instead of the fifty votes that were claimed for it at the beginning +of the session. Moreover, even that small majority for immediate +adoption was obtained only by the help, first, of a preamble solemnly +affirming it to be the understanding of Virginia in this act that it +retained every power not expressly granted to the general government; +and, secondly, of a subsidiary resolution promising to recommend to +Congress "whatsoever amendments may be deemed necessary." + +Just before the decisive question was put, Patrick Henry, knowing that +the result would be against him, and knowing, also, from the angry +things uttered within that House and outside of it, that much +solicitude was abroad respecting the course likely to be taken by the +defeated party, then and there spoke these noble words:-- + + "I beg pardon of this House for having taken up more time + than came to my share, and I thank them for the patience and + polite attention with which I have been heard. If I shall be + in the minority, I shall have those painful sensations which + arise from a conviction of being overpowered in a good + cause. Yet I will be a peaceable citizen. My head, my hand, + and my heart shall be at liberty to retrieve the loss of + liberty, and remove the defects of that system in a + constitutional way. I wish not to go to violence, but will + wait, with hopes that the spirit which predominated in the + Revolution is not yet gone, nor the cause of those who are + attached to the Revolution yet lost. I shall therefore + patiently wait in expectation of seeing that government + changed, so as to be compatible with the safety, liberty, + and happiness of the people."[386] + +Those words of the great Virginian leader proved to be a message of +reassurance to many an anxious citizen, in many a State,--not least +so to that great citizen who, from the slopes of Mount Vernon, was +then watching, night and day, for signs of some abatement in the storm +of civil discord. Those words, too, have, in our time, won for the +orator who spoke them the deliberate, and the almost lyrical, applause +of the greatest historian who has yet laid hand on the story of the +Constitution: "Henry showed his genial nature, free from all +malignity. He was like a billow of the ocean on the first bright day +after the storm, dashing itself against the rocky cliff, and then, +sparkling with light, retreating to its home."[387] + +Long after the practical effects of the Virginia convention of 1788 +had been merged in the general political life of the country, that +convention was still proudly remembered for the magnificent exertions +of intellectual power, and particularly of eloquence, which it had +called forth. So lately as the year 1857, there was still living a man +who, in his youth, had often looked in upon that famous convention, +and whose enthusiasm, in recalling its great scenes, was not to be +chilled even by the frosts of his ninety winters:-- + + "The impressions made by the powerful arguments of Madison + and the overwhelming eloquence of Henry can never fade from + my mind. I thought them almost supernatural. They seemed + raised up by Providence, each in his way, to produce great + results: the one by his grave, dignified, and irresistible + arguments to convince and enlighten mankind; the other, by + his brilliant and enrapturing eloquence to lead + whithersoever he would."[388] + +Those who had heard Patrick Henry on the other great occasions of his +career were ready to say that his eloquence in the convention of 1788 +was, upon the whole, fully equal to anything ever exhibited by him in +any other place. The official reports of his speeches in that +assemblage were always declared to be inferior in "strength and +beauty" to those actually made by him there.[389] "In forming an +estimate of his eloquence," says one gentleman who there heard him, +"no reliance can be placed on the printed speeches. No reporter +whatever could take down what he actually said; and if he could, it +would fall far short of the original."[390] + +In his arguments against the Constitution Patrick Henry confined +himself to no systematic order. The convention had indeed resolved +that the document should be discussed, clause by clause, in a regular +manner; but in spite of the complaints and reproaches of his +antagonists, he continually broke over all barriers, and delivered his +"multiform and protean attacks" in such order as suited the workings +of his own mind. + +In the course of that long and eager controversy, he had several +passages of sharp personal collision with his opponents, particularly +with Governor Randolph, whose vacillating course respecting the +Constitution had left him exposed to the most galling comments, and +who on one occasion, in his anguish, turned upon Patrick Henry with +the exclamation: "I find myself attacked in the most illiberal manner +by the honorable gentleman. I disdain his aspersions and his +insinuations. His asperity is warranted by no principle of +parliamentary decency, nor compatible with the least shadow of +friendship; and if our friendship must fall, let it fall, like +Lucifer, never to rise again."[391] Like all very eloquent men, he was +taunted, of course, for having more eloquence than logic; for "his +declamatory talents;" for his "vague discourses and mere sports of +fancy;" for discarding "solid argument;" and for "throwing those +bolts" which he had "so peculiar a dexterity at discharging."[392] On +one occasion, old General Adam Stephen tried to burlesque the orator's +manner of speech;[393] on another occasion, that same petulant warrior +bluntly told Patrick that if he did "not like this government," he +might "go and live among the Indians," and even offered to facilitate +the orator's self-expatriation among the savages: "I know of several +nations that live very happily; and I can furnish him with a +vocabulary of their language."[394] + +Knowing, as he did, every passion and prejudice of his audience, he +adopted, it appears, almost every conceivable method of appeal. "The +variety of arguments," writes one witness, "which Mr. Henry generally +presented in his speeches, addressed to the capacities, prejudices, +and individual interests of his hearers, made his speeches very +unequal. He rarely made in that convention a speech which Quintilian +would have approved. If he soared at times, like the eagle, and seemed +like the bird of Jove to be armed with thunder, he did not disdain to +stoop like the hawk to seize his prey,--but the instant that he had +done it, rose in pursuit of another quarry."[395] + +Perhaps the most wonderful example of his eloquence, if we may judge +by contemporary descriptions, was that connected with the famous scene +of the thunder-storm, on Tuesday, the 24th of June, only one day +before the decisive vote was taken. The orator, it seems, had gathered +up all his forces for what might prove to be his last appeal against +immediate adoption, and was portraying the disasters which the new +system of government, unless amended, was to bring upon his +countrymen, and upon all mankind: "I see the awful immensity of the +dangers with which it is pregnant. I see it. I feel it. I see beings +of a higher order anxious concerning our decision. When I see beyond +the horizon that bounds human eyes, and look at the final consummation +of all human things, and see those intelligent beings which inhabit +the ethereal mansions reviewing the political decisions and +revolutions which, in the progress of time, will happen in America, +and the consequent happiness or misery of mankind, I am led to believe +that much of the account, on one side or the other, will depend on +what we now decide. Our own happiness alone is not affected by the +event. All nations are interested in the determination. We have it in +our power to secure the happiness of one half of the human race. Its +adoption may involve the misery of the other hemisphere." Thus far the +stenographer had proceeded, when he suddenly stopped, and placed +within brackets the following note: "[Here a violent storm arose, +which put the House in such disorder, that Mr. Henry was obliged to +conclude.]"[396] But the scene which is thus quietly despatched by the +official reporter of the convention was again and again described, by +many who were witnesses of it, as something most sublime and even +appalling. After having delineated with overpowering vividness the +calamities which were likely to befall mankind from their adoption of +the proposed frame of government, the orator, it is said, as if +wielding an enchanter's wand, suddenly enlarged the arena of the +debate and the number of his auditors; for, peering beyond the veil +which shuts in mortal sight, and pointing "to those celestial beings +who were hovering over the scene," he addressed to them "an invocation +that made every nerve shudder with supernatural horror, when, lo! a +storm at that instant rose, which shook the whole building, and the +spirits whom he had called seemed to have come at his bidding. Nor did +his eloquence, or the storm, immediately cease; but availing himself +of the incident, with a master's art, he seemed to mix in the fight of +his ethereal auxiliaries, and, 'rising on the wings of the tempest, to +seize upon the artillery of heaven, and direct its fiercest thunders +against the heads of his adversaries.' The scene became insupportable; +and the House rose without the formality of adjournment, the members +rushing from their seats with precipitation and confusion."[397] + + +FOOTNOTES: + +[362] _Writings of Washington_, ix. 265-266. + +[363] MS. + +[364] _Writings of Washington_, ix. 273. + +[365] Madison, _Letters_, etc. i. 356. + +[366] _Ibid._ i. 364-365. + +[367] Madison, _Letters_, etc. i. 378. + +[368] _Ibid._ i. 387. + +[369] Madison, _Letters_, i. 388. + +[370] Bancroft, _Hist. Const._, ii. 465. + +[371] _Writings of Washington_, ix. 356. + +[372] Rives, _Life of Madison_, ii. 544, note. + +[373] Rives, _Life of Madison_, ii. 541. + +[374] _Hist. Mag._ for 1873, 274. + +[375] Elliot, _Debates_, i. 491; v. 502, 534-535. + +[376] Elliot, _Debates_, iii. + +[377] Curtis, _Hist. Const._ ii. 561, note. + +[378] _Writings of Washington_, ix. 266, note. + +[379] Elliot, _Debates_, iii. 161, 57, 63. + +[380] Elliot, _Debates_, iii. 23, 52, 44, 156. + +[381] Elliot, _Debates_, iii. 150, 462, 445-446. + +[382] Elliot, _Debates_, iii. 149-150. + +[383] Elliot, _Debates_, iii. 58-60. + +[384] Bancroft, _Hist. Const._ ii. 459-460. + +[385] Elliot, _Debates_, iii. 653. + +[386] Elliot, _Debates_, iii. 652. + +[387] Bancroft, _Hist. Const._ ii. 316-317. + +[388] Rives, _Life of Madison_, ii. 610. + +[389] Kennedy, _Life of Wirt_, i. 345. + +[390] Spencer Roane, MS. + +[391] Elliot, _Debates_, iii. 187. + +[392] _Ibid._ iii. 406, 104, 248, 177. + +[393] St. George Tucker, MS. + +[394] Elliot, _Debates_, iii. 580. + +[395] St. George Tucker, MS. + +[396] Elliot, _Debates_, iii. 625. + +[397] Wirt, 296-297. Also Spencer Roane, MS. + + + + +CHAPTER XIX + +THE AFTER-FIGHT FOR AMENDMENTS + + +Thus, on the question of adopting the new Constitution, the fight was +over; but on the question of amending that Constitution, now that it +had been adopted, the fight, of course, was only just begun. + +For how could this new Constitution be amended? A way was +provided,--but an extremely strait and narrow way. No amendment +whatsoever could become valid until it had been accepted by three +fourths of the States; and no amendment could be submitted to the +States for their consideration until it had first been approved, +either by two thirds of both houses of Congress, or else by a majority +of a convention specially called by Congress at the request of two +thirds of the States. + +Clearly, the framers of the Constitution intended that the supreme law +of the land, when once agreed to, should have within it a principle of +fixedness almost invincible. At any rate, the process by which alone +alterations can be made, involves so wide an area of territory, so +many distinct groups of population, and is withal, in itself, so +manifold and complex, so slow, and so liable to entire stoppage, that +any proposition looking toward change must inevitably perish long +before reaching the far-away goal of final endorsement, unless that +proposition be really impelled by a public demand not only very +energetic and persistent, but well-nigh universal. Indeed, the +constitutional provision for amendments seemed, at that time, to many, +to be almost a constitutional prohibition of amendments. + +It was, in part, for this very reason that Patrick Henry had urged +that those amendments of the Constitution which, in his opinion, were +absolutely necessary, should be secured before its adoption, and not +be left to the doubtful chance of their being obtained afterward, as +the result of a process ingeniously contrived, as it were, to prevent +their being obtained at all. But at the close of that June day on +which he and his seventy-eight associates walked away from the +convention wherein, on this very proposition, they had just been voted +down, how did the case stand? The Constitution, now become the supreme +law of the land, was a Constitution which, unless amended, would, as +they sincerely believed, effect the political ruin of the American +people. As good citizens, as good men, what was left for them to do? +They had fought hard to get the Constitution amended before adoption. +They had failed. They must now fight hard to get it amended after +adoption. Disastrous would it be, to assume that the needed amendments +would now be carried at any rate. True, the Virginia convention, like +the conventions of several other States, had voted to recommend +amendments. But the hostility to amendments, as Patrick Henry +believed, was too deeply rooted to yield to mere recommendations. The +necessary amendments would not find their way through all the hoppers +and tubes and valves of the enormous mill erected within the +Constitution, unless forced onward by popular agitation,--and by +popular agitation widespread, determined, vehement, even alarming. The +powerful enemies of amendments must be convinced that, until +amendments were carried through that mill, there would be no true +peace or content among the surrounding inhabitants. + +This gives us the clew to the policy steadily and firmly pursued by +Patrick Henry as a party leader, from June, 1788, until after the +ratification of the first ten amendments, on the 15th of December, +1791. It was simply a strategic policy dictated by his honest view of +the situation; a bold, manly, patriotic policy; a policy, however, +which was greatly misunderstood, and grossly misrepresented, at the +time; a policy, too, which grieved the heart of Washington, and for +several years raised between him and his ancient friend the one cloud +of distrust that ever cast a shadow upon their intercourse. + +In fact, at the very opening of the Virginia convention, and in view +of the possible defeat of his demand for amendments, Patrick Henry had +formed a clear outline of this policy, even to the extent of +organizing throughout the State local societies for stirring up, and +for keeping up, the needed agitation. All this is made evident by an +important letter written by him to General John Lamb of New York, and +dated at Richmond, June 9, 1788,--when the convention had been in +session just one week. In this letter, after some preliminary words, +he says:-- + + It is matter of great consolation to find that the + sentiments of a vast majority of Virginians are in unison + with those of our Northern friends. I am satisfied four + fifths of our inhabitants are opposed to the new scheme of + government. Indeed, in the part of this country lying south + of James River, I am confident, nine tenths are opposed to + it. And yet, strange as it may seem, the numbers in + convention appear equal on both sides: so that the majority, + which way soever it goes, will be small. The friends and + seekers of power have, with their usual subtilty, wriggled + themselves into the choice of the people, by assuming shapes + as various as the faces of the men they address on such + occasions. + + If they shall carry their point, and preclude previous + amendments, which we have ready to offer, it will become + highly necessary to form the society you mention. Indeed, it + appears the only chance for securing a remnant of those + invaluable rights which are yielded by the new plan. Colonel + George Mason has agreed to act as chairman of our republican + society. His character I need not describe. He is every way + fit; and we have concluded to send you by Colonel Oswald a + copy of the Bill of Rights, and of the particular amendments + we intend to propose in our convention. The fate of them is + altogether uncertain; but of that you will be informed. To + assimilate our views on this great subject is of the last + moment; and our opponents expect much from our dissension. + As we see the danger, I think it is easily avoided. + + I can assure you that North Carolina is more decidedly + opposed to the new government than Virginia. The people + there seem rife for hazarding all, before they submit. + Perhaps the organization of our system may be so contrived + as to include lesser associations dispersed throughout the + State. This will remedy in some degree the inconvenience + arising from our dispersed situation. Colonel Oswald's short + stay here prevents my saying as much on the subject as I + could otherwise have done. And after assuring you of my + ardent wishes for the happiness of our common country, and + the best interests of humanity, I beg leave to subscribe + myself, with great respect and regard, + + Sir, your obedient, humble servant, + P. HENRY.[398] + +On the 27th of June, within a few hours, very likely, after the final +adjournment of the convention, Madison hastened to report to +Washington the great and exhilarating result, but with this anxious +and really unjust surmise respecting the course then to be pursued by +Patrick Henry:-- + + "Mr. H----y declared, previous to the final question, that + although he should submit as a quiet citizen, he should + seize the first moment that offered for shaking off the yoke + in a constitutional way. I suspect the plan will be to + encourage two thirds of the legislatures in the task of + undoing the work; or to get a Congress appointed in the + first instance that will commit suicide on their own + authority."[399] + +At the same sitting, probably, Madison sent off to Hamilton, at New +York, another report, in which his conjecture as to Patrick Henry's +intended policy is thus stated:-- + + "I am so uncharitable as to suspect that the ill-will to the + Constitution will produce every peaceable effort to disgrace + and destroy it. Mr. Henry declared ... that he should wait + with impatience for the favorable moment of regaining, in a + constitutional way, the lost liberties of his country."[400] + +Two days afterward, by which time, doubtless, Madison's letter had +reached Mount Vernon, Washington wrote to Benjamin Lincoln of +Massachusetts, respecting the result of the convention:-- + + "Our accounts from Richmond are that ... the final decision + exhibited a solemn scene, and that there is every reason to + expect a perfect acquiescence therein by the minority. Mr. + Henry, the great leader of it, has signified that, though he + can never be reconciled to the Constitution in its present + form, and shall give it every constitutional opposition in + his power, yet he will submit to it peaceably."[401] + +Thus, about the end of June, 1788, there came down upon the fierce +political strife in Virginia a lull, which lasted until the 20th of +October, at which time the legislature assembled for its autumnal +session. Meantime, however, the convention of New York had adopted the +Constitution, but after a most bitter fight, and by a majority of only +three votes, and only in consequence of the pledge that every possible +effort should be made to obtain speedily those great amendments that +were at last called for by a determined public demand. One of the +efforts contemplated by the New York convention took the form of a +circular letter to the governors of the several States, urging almost +pathetically that "effectual measures be immediately taken for calling +a convention" to propose those amendments which are necessary for +allaying "the apprehensions and discontents" then so prevalent.[402] + +This circular letter "rekindled," as Madison then wrote to Jefferson, +"an ardor among the opponents of the federal Constitution for an +immediate revision of it by another general convention, ... Mr. Henry +and his friends in Virginia enter with great zeal into the +scheme."[403] In a letter written by Washington, nearly a month before +the meeting of the legislature, it is plainly indicated that his mind +was then grievously burdened by the anxieties of the situation, and +that he was disposed to put the very worst construction upon the +expected conduct of Patrick Henry and his party in the approaching +session:-- + + "Their expedient will now probably be an attempt to procure + the election of so many of their own junto under the new + government, as, by the introduction of local and + embarrassing disputes, to impede or frustrate its + operation.... I assure you I am under painful apprehensions + from the single circumstance of Mr. H. having the whole game + to play in the Assembly of this State; and the effect it may + have in others should be counteracted if possible."[404] + +No sooner had the Assembly met, than Patrick Henry's ascendency became +apparent. His sway over that body was such that it was described as +"omnipotent." And by the time the session had been in progress not +quite a month, Washington informed Madison that "the accounts from +Richmond" were "very unpropitious to federal measures." "In one word," +he added, "it is said that the edicts of Mr. H. are enregistered with +less opposition in the Virginia Assembly than those of the grand +monarch by his parliaments. He has only to say, Let this be law, and +it is law."[405] Within ten days from the opening of the session, the +House showed its sensitive response to Patrick Henry's leadership by +adopting a series of resolutions, the chief purpose of which was to +ask Congress to call immediately a national convention for proposing +to the States the required amendments. In the debate on the subject, +he is said to have declared "that he should oppose every measure +tending to the organization of the government, unless accompanied with +measures for the amendment of the Constitution."[406] + +Some phrases in one of his resolutions were most offensive to those +members of the House who had "befriended the new Constitution," and +who, by implication at least, were held forth as "betrayers of the +dearest rights of the people." "If Mr. Henry pleases," so wrote a +correspondent of Washington, "he will carry the resolution in its +present terms, than which none, in my opinion, can be more +exceptionable or inflammatory; though, as he is sometimes kind and +condescending, he may perhaps be induced to alter it."[407] + +In accordance with these resolutions, a formal application to Congress +for a national convention was prepared by Patrick Henry, and adopted +by the House on the 14th of November. Every word of that document +deserves now to be read, as his own account of the spirit and purpose +of a measure then and since then so profoundly and so cruelly +misinterpreted:-- + + "The good people of this commonwealth, in convention + assembled, having ratified the Constitution submitted to + their consideration, this legislature has, in conformity to + that act, and the resolutions of the United States in + Congress assembled to them transmitted, thought proper to + make the arrangements that were _necessary_ for carrying it + into effect. Having thus shown themselves obedient to the + voice of their constituents, all America will find that, so + far as it depends on them, that plan of government will be + carried into immediate operation. + + "But the sense of the people of Virginia would be but in + part complied with, and but little regarded, if we went no + further. In the very moment of adoption, and coeval with the + ratification of the new plan of government, the general + voice of the convention of this State pointed to objects no + less interesting to the people we represent, and equally + entitled to your attention. At the same time that, from + motives of affection for our sister States, the convention + yielded their assent to the ratification, they gave the most + unequivocal proofs that they dreaded its operation under the + present form. + + "In acceding to a government under this impression, painful + must have been the prospect, had they not derived + consolation from a full expectation of its imperfections + being speedily amended. In this resource, therefore, they + placed their confidence,--a confidence that will continue to + support them whilst they have reason to believe they have + not calculated upon it in vain. + + "In making known to you the objections of the people of this + Commonwealth to the new plan of government, we deem it + unnecessary to enter into a particular detail of its + defects, which they consider as involving all the great and + unalienable rights of freemen: for their sense on this + subject, we refer you to the proceedings of their late + convention, and the sense of this General Assembly, as + expressed in their resolutions of the day of . + + "We think proper, however, to declare that in our opinion, + as those objections were not founded in speculative theory, + but deduced from principles which have been established by + the melancholy example of other nations, in different ages, + so they will never be removed until the cause itself shall + cease to exist. The sooner, therefore, the public + apprehensions are quieted, and the government is possessed + of the confidence of the people, the more salutary will be + its operations, and the longer its duration. + + "The cause of amendments we consider as a common cause; and + since concessions have been made from political motives, + which we conceive may endanger the republic, we trust that a + commendable zeal will be shown for obtaining those + provisions which, experience has taught us, are necessary to + secure from danger the unalienable rights of human nature. + + "The anxiety with which our countrymen press for the + accomplishment of this important end, will ill admit of + delay. The slow forms of congressional discussion and + recommendation, if indeed they should ever agree to any + change, would, we fear, be less certain of success. Happily + for their wishes, the Constitution hath presented an + alternative, by admitting the submission to a convention of + the States. To this, therefore, we resort, as the source + from whence they are to derive relief from their present + apprehensions. We do, therefore, in behalf of our + constituents, in the most earnest and solemn manner, make + this application to Congress, that a convention be + immediately called, of deputies from the several States, + with full power to take into their consideration the defects + of this Constitution, that have been suggested by the state + conventions, and report such amendments thereto, as they + shall find best suited to promote our common interests, and + secure to ourselves and our latest posterity the great and + unalienable rights of mankind."[408] + +Such was the purpose, such was the temper, of Virginia's appeal, +addressed to Congress, and written by Patrick Henry, on behalf of +immediate measures for curing the supposed defects of the +Constitution. Was it not likely that this appeal would be granted? One +grave doubt haunted the mind of Patrick Henry. If, in the elections +for senators and representatives then about to occur in the several +States, very great care was not taken, it might easily happen that a +majority of the members of Congress would be composed of men who would +obstruct, and perhaps entirely defeat, the desired amendments. With +the view of doing his part towards the prevention of such a result, he +determined that both the senators from Virginia, and as many as +possible of its representatives, should be persons who could be +trusted to help, and not to hinder, the great project. + +Accordingly, when the day came for the election of senators by the +Assembly of Virginia, he just stood up in his place and named "Richard +Henry Lee and William Grayson, Esquires," as the two men who ought to +be elected as senators; and, furthermore, he named James Madison as +the one man who ought not to be elected as senator. Whereupon the vote +was taken; "and after some time," as the journal expresses it, the +committee to examine the ballot-boxes "returned into the House, and +reported that they had ... found a majority of votes in favor of +Richard Henry Lee and William Grayson, Esquires."[409] On the 8th of +December, 1788, just one month afterward, Madison himself, in a letter +to Jefferson, thus alluded to the incident: "They made me a candidate +for the Senate, for which I had not allotted my pretensions. The +attempt was defeated by Mr. Henry, who is omnipotent in the present +legislature, and who added to the expedients common on such occasions +a public philippic against my federal principles."[410] + +Virginia's delegation in the Senate was thus made secure. How about +her delegation in the lower house? That, also, was an affair to be +sharply looked to. Above all things, James Madison, as the supposed +foe of amendments, was to be prevented, if possible, from winning an +election. Therefore the committee of the House of Delegates, which was +appointed for the very purpose, among other things, of dividing the +State into its ten congressional districts, so carved out those +districts as to promote the election of the friends of the good cause, +and especially to secure, as was hoped, the defeat of its great enemy. +Of this committee Patrick Henry was not a member; but as a majority of +its members were known to be his devoted followers, very naturally +upon him, at the time, was laid the burden of the blame for +practising this ignoble device in politics,--a device which, when +introduced into Massachusetts several years afterward, also by a +Revolutionary father, came to be christened with the satiric name of +"gerrymandering." Surely it was a rare bit of luck, in the case of +Patrick Henry, that the wits of Virginia did not anticipate the wits +of Massachusetts by describing this trick as "henrymandering;" and +that he thus narrowly escaped the ugly immortality of having his name +handed down from age to age in the coinage of a base word which should +designate a base thing,--one of the favorite, shabby manoeuvres of +less scrupulous American politicians.[411] + +Thus, however, within four weeks from the opening of the session, he +had succeeded in pressing through the legislature, in the exact form +he wished, all these measures for giving effect to Virginia's demand +upon Congress for amendments. This being accomplished, he withdrew +from the service of the House for the remainder of the session, +probably on account of the great urgency of his professional +engagements at that time. The journal of the House affords us no trace +of his presence there after the 18th of November; and although the +legislature continued in session until the 13th of December, its +business did not digress beyond local topics. To all these facts, +rather bitter allusion is made in a letter to the governor of New +Hampshire, written from Mount Vernon, on the 31st of January, 1789, by +the private secretary of Washington, Tobias Lear, who thus reflected, +no doubt, the mood of his chief:-- + + "Mr. Henry, the leader of the opposition in this State, + finding himself beaten off the ground by fair argument in + the state convention, and outnumbered upon the important + question, collected his whole strength, and pointed his + whole force against the government, in the Assembly. He here + met with but a feeble opposition.... He led on his almost + unresisted phalanx, and planted the standard of hostility + upon the very battlements of federalism. In plain English, + he ruled a majority of the Assembly; and his edicts were + registered by that body with less opposition than those of + the Grand Monarque have met with from his parliaments. He + chose the two senators.... He divided the State into + districts, ... taking care to arrange matters so as to have + the county, of which Mr. Madison is an inhabitant, thrown + into a district of which a majority were supposed to be + unfriendly to the government, and by that means exclude him + from the representative body in Congress. He wrote the + answer to Governor Clinton's letter, and likewise the + circular letter to the executives of the several States.... + And after he had settled everything relative to the + government wholly, I suppose, to his satisfaction, he + mounted his horse and rode home, leaving the little business + of the State to be done by anybody who chose to give + themselves the trouble of attending to it."[412] + +How great was the effect of these strategic measures, forced by +Patrick Henry through the legislature of Virginia in the autumn of +1788, was not apparent, of course, until after the organization of the +first Congress of the United States, in the spring of 1789. Not until +the 5th of May could time be found by that body for paying the least +attention to the subject of amendments. On that day Theodoric Bland, +from Virginia, presented to the House of Representatives the solemn +application of his State for a new convention; and, after some +discussion, this document was entered on the journals of the +House.[413] The subject was then dropped until the 8th of June, when +Madison, who had been elected to Congress in spite of Patrick Henry, +and who had good reason to know how dangerous it would be for Congress +to trifle with the popular demand for amendments, succeeded, against +much opposition, in getting the House to devote that day to a +preliminary discussion of the business. It was again laid aside for +nearly six weeks, and again got a slight hearing on the 21st of July. +On the 13th of August it was once more brought to the reluctant +attention of the House, and then proved the occasion of a debate which +lasted until the 24th of that month, when the House finished its work +on the subject, and sent up to the Senate seventeen articles of +amendment. Only twelve of these articles succeeded in passing the +Senate; and of these twelve, only ten received from the States that +approval which was necessary to their ratification. This was obtained +on the 15th of December, 1791. + +The course thus taken by Congress, in itself proposing amendments, was +not at the time pleasing to the chiefs of that party which, in the +several States, had been clamorous for amendments.[414] These men, +desiring more radical changes in the Constitution than could be expected +from Congress, had set their hearts on a new convention,--which, +undoubtedly, had it been called, would have reconstructed, from top to +bottom, the work done by the convention of 1787. Yet it should be +noticed that the ten amendments, thus obtained under the initiative of +Congress, embodied "nearly every material change suggested by +Virginia;"[415] and that it was distinctly due, in no small degree, to +the bitter and implacable urgency of the popular feeling in Virginia, +under the stimulus of Patrick Henry's leadership, that Congress was +induced by Madison to pay any attention to the subject. In the matter of +amendments, therefore, Patrick Henry and his party did not get all that +they demanded, nor in the way that they demanded; but even so much as +they did get, they would not then have got at all, had they not demanded +more, and demanded more, also, through the channel of a new convention, +the dread of which, it is evident, drove Madison and his brethren in +Congress into the prompt concession of amendments which they themselves +did not care for. Those amendments were really a tub to the whale; but +then that tub would not have been thrown overboard at all, had not the +whale been there, and very angry, and altogether too troublesome with +his foam-compelling tail, and with that huge head of his which could +batter as well as spout. + + +FOOTNOTES: + +[398] Leake, _Life of Gen. John Lamb_, 307-308. + +[399] Madison, _Letters_, etc. i. 402. + +[400] _Works of Hamilton_, i. 463. + +[401] _Writings of Washington_, ix. 392. + +[402] Elliot, _Debates_, ii. 414. + +[403] Madison, _Letters_, etc. i. 418. + +[404] _Writings of Washington_, ix. 433. + +[405] Bancroft, _Hist. Const._ ii. 483. + +[406] _Corr. Rev._ iv. 240-241. + +[407] _Ibid._ iv. 241. + +[408] _Jour. Va. House Del._ 42-43. + +[409] _Jour. Va. House Del._ 32. + +[410] Madison, _Letters_, etc., i. 443-444. + +[411] For contemporary allusions to this first example of +gerrymandering, see _Writings of Washington_, ix. 446-447; _Writings +of Jefferson_, ii. 574; Rives, _Life of Madison_, ii. 653-655; +Bancroft, _Hist. Const._ ii. 485. + +[412] Bancroft, _Hist. Const._ ii. 488-489. + +[413] Gales, _Debates_, i. 258-261. + +[414] Marshall, _Life of Washington_, v. 209-210; Story, _Const._ i. +211. + +[415] Howison, _Hist. Va._ ii. 333. + + + + +CHAPTER XX + +LAST LABORS AT THE BAR + + +The incidents embraced within the last three chapters cover the period +from 1786 to 1791, and have been thus narrated by themselves for the +purpose of exhibiting as distinctly as possible, and in unbroken +sequence, Patrick Henry's relations to each succeeding phase of that +immense national movement which produced the American Constitution, +with its first ten amendments. + +During those same fervid years, however, in which he was devoting, as +it might seem, every power of body and mind to his great labors as a +party leader, and as a critic and moulder of the new Constitution, he +had resumed, and he was sturdily carrying forward, most exacting +labors in the practice of the law. + +Late in the year 1786, as will be remembered, being then poor and in +debt, he declined another election to the governorship, and set +himself to the task of repairing his private fortunes, so sadly fallen +to decay under the noble neglect imposed by his long service of the +public. One of his kinsmen has left on record a pleasant anecdote to +the effect that the orator happened to mention at that time to a +friend how anxious he was under the great burden of his debts. "Go +back to the bar," said his friend; "your tongue will soon pay your +debts. If you will promise to go, I will give you a retaining fee on +the spot."[416] This course, in fact, he had already determined to +take; and thus at the age of fifty, at no time robust in health, and +at that time grown prematurely old under the storm and stress of all +those unquiet years, he again buckled on his professional armor, rusty +from long disuse, and pluckily began his life over again, in the hope +of making some provision for his own declining days, as well as for +the honor and welfare of his great brood of children and +grandchildren. To this task, accordingly, he then bent himself, with a +grim wilfulness that would not yield either to bodily weakness, or to +the attractions or the distractions of politics. It is delightful to +be permitted to add, that his energy was abundantly rewarded; and that +in exactly eight years thereafter, namely in 1794, he was able to +retire, in comfort and wealth, from all public and professional +employments of every sort. + +Of course the mere announcement, in 1786, that Patrick Henry was then +ready once more to receive clients, was enough to excite the attention +of all persons in Virginia who might have important interests in +litigation. His great renown throughout the country, his high personal +character, his overwhelming gifts in argument, his incomparable gifts +in persuasion, were such as to ensure an almost dominant advantage to +any cause which he should espouse before any tribunal. Confining +himself, therefore, to his function as an advocate, and taking only +such cases as were worth his attention, he was immediately called to +appear in the courts in all parts of the State. + +It is not necessary for us to try to follow this veteran and brilliant +advocate in his triumphal progress from one court-house to another, or +to give the detail of the innumerable causes in which he was engaged +during these last eight years of his practice at the bar. Of all the +causes, however, in which he ever took part as a lawyer, in any period +of his career, probably the most difficult and important, in a legal +aspect, was the one commonly referred to as that of the British debts, +argued by him in the Circuit Court of the United States at Richmond, +first in 1791, and again, in the same place, in 1793.[417] + +A glance at the origin of this famous cause will help us the better to +understand the significance of his relation to it. By the treaty with +Great Britain in 1783, British subjects were empowered "to recover +debts previously contracted to them by our citizens, notwithstanding a +payment of the debt into a state treasury had been made during the +war, under the authority of a state law of sequestration." According +to this provision a British subject, one William Jones, brought an +action of debt in the federal court at Richmond, against a citizen of +Virginia, Thomas Walker, on a bond dated May, 1772. The real question +was "whether payment of a debt due before the war of the Revolution, +from a citizen of Virginia to British subjects, into the loan office +of Virginia, pursuant to a law of that State, discharged the debtor." + +The case, as will readily be seen, involved many subtle and difficult +points of law, municipal, national, and international; and the defence +was contained in the following five pleas: (1.) That of payment, +generally; (2.) That of the Virginia act of sequestration, October 20, +1777; (3.) That of the Virginia act of forfeiture, May 3, 1779; (4.) +That of British violations of the treaty of 1783; (5.) That of the +necessary annulment of the debt, in consequence of the dissolution of +the co-allegiance of the two parties, on the declaration of +independence.[418] + +Some idea of the importance attached to the case may be inferred from +the assertion of Wirt, that "the whole power of the bar of Virginia +was embarked" in it; and that the "learning, argument, and eloquence" +exhibited in the discussion were such "as to have placed that bar, in +the estimation of the federal judges, ... above all others in the +United States."[419] Associated with Patrick Henry, for the defendant, +were John Marshall, Alexander Campbell, and James Innes. + +For several weeks before the trial of this cause in 1791, Patrick +Henry secluded himself from all other engagements, and settled down to +intense study in the retirement of his home in the country. A grandson +of the orator, Patrick Henry Fontaine, who was there as a student of +the law, relates that he himself was sent off on a journey of sixty +miles to procure a copy of Vattel's Law of Nations. From this and +other works of international law, the old lawyer "made many +quotations; and with the whole syllabus of notes and heads of +arguments, he filled a manuscript volume more than an inch thick, and +closely written; a book ... bound with leather, and convenient for +carrying in his pocket. He had in his yard ... an office, built at +some distance from his dwelling, and an avenue of fine black locusts +shaded a walk in front of it.... He usually walked and meditated, when +the weather permitted, in this shaded avenue.... For several days in +succession, before his departure to Richmond to attend the court," the +orator was seen "walking frequently in this avenue, with his note-book +in his hand, which he often opened and read; and from his gestures, +while promenading alone in the shade of the locusts," it was supposed +that he was committing his speech to memory.[420] According to another +account, so eager was his application to this labor that, in one stage +of it, "he shut himself up in his office for three days, during which +he did not see his family; his food was handed by a servant through +the office door."[421] Of all this preparation, not unworthy to be +called Demosthenic, the result was, if we may accept the opinion of +one eminent lawyer, that Patrick Henry "came forth, on this occasion, +a perfect master of every law, national and municipal, which touched +the subject of investigation in the most distant point."[422] + +It was on the 14th of November, 1791, that the cause came on to be +argued in the court-house at Richmond, before Judges Johnson and Blair +of the Supreme Court, and Judge Griffin of that district. The case of +the plaintiff was opened by Mr. Counsellor Baker, whose argument +lasted till the evening of that day. Patrick Henry was to begin his +argument in reply the next morning. + + "The legislature was then in session; but when eleven + o'clock, the hour for the meeting of the court, arrived, the + speaker found himself without a house to do business. All + his authority and that of his sergeant at arms were + unavailing to keep the members in their seats: every + consideration of public duty yielded to the anxiety which + they felt, in common with the rest of their fellow citizens, + to hear this great man on this truly great and extensively + interesting question. Accordingly, when the court was ready + to proceed to business, the court-room of the capitol, large + as it is, was insufficient to contain the vast concourse + that was pressing to enter it. The portico, and the area in + which the statue of Washington stands, were filled with a + disappointed crowd, who nevertheless maintained their stand + without. In the court-room itself, the judges, through + condescension to the public anxiety, relaxed the rigor of + respect which they were in the habit of exacting, and + permitted the vacant seats of the bench, and even the + windows behind it, to be occupied by the impatient + multitude. The noise and tumult occasioned by seeking a more + favorable station was at length hushed, and the profound + silence which reigned within the room gave notice to those + without that the orator had risen, or was on the point of + rising. Every eye in front of the bar was riveted upon him + with the most eager attention; and so still and deep was the + silence that every one might hear the throbbing of his own + heart. Mr. Henry, however, appeared wholly unconscious that + all this preparation was on his account, and rose with as + much simplicity and composure as if the occasion had been + one of ordinary occurrence.... It may give the reader some + idea of the amplitude of the argument, when he is told that + Mr. Henry was engaged three days successively in its + delivery; and some faint conception of the enchantment which + he threw over it, when he learns that although it turned + entirely on questions of law, yet the audience, mixed as it + was, seemed so far from being wearied, that they followed + him throughout with increased enjoyment. The room continued + full to the last; and such was 'the listening silence' with + which he was heard, that not a syllable that he uttered is + believed to have been lost. When he finally sat down, the + concourse rose, with a general murmur of admiration; the + scene resembled the breaking up and dispersion of a great + theatrical assembly, which had been enjoying, for the first + time, the exhibition of some new and splendid drama; the + speaker of the House of Delegates was at length able to + command a quorum for business; and every quarter of the + city, and at length every part of the State, was filled with + the echoes of Mr. Henry's eloquent speech."[423] + +In the spring of 1793 this cause was argued a second time, before the +same district judge, and, in addition, before Mr. Chief Justice Jay, +and Mr. Justice Iredell of the Supreme Court. On this occasion, +apparently, there was the same eagerness to hear Patrick Henry as +before,--an eagerness which was shared in by the two visiting judges, +as is indicated in part by a letter from Judge Iredell, who, on the +27th of May, thus wrote to his wife: "We began on the great British +causes the second day of the court, and are now in the midst of them. +The great Patrick Henry is to speak to-day."[424] Among the throng of +people who then poured into the court-room was John Randolph of +Roanoke, then a stripling of twenty years, who, having got a position +very close to the judges, was made aware of their conversation with +one another as the case proceeded. He describes the orator as not +expecting to speak at that time; "as old, very much wrapped up, and +resting his head on the bar." Meanwhile the chief justice, who, in +earlier days, had often heard Henry in the Continental Congress, told +Iredell that that feeble old gentleman in mufflers, with his head +bowed wearily down upon the bar, was "the greatest of orators." +"Iredell doubted it; and, becoming impatient to hear him, they +requested him to proceed with his argument, before he had intended to +speak.... As he arose, he began to complain that it was a hardship, +too great, to put the laboring oar into the hands of a decrepit old +man, trembling, with one foot in the grave, weak in his best days, and +far inferior to the able associate by him." Randolph then gives an +outline of his progress through the earlier and somewhat tentative +stages of his speech, comparing his movement to the exercise "of a +first-rate, four-mile race-horse, sometimes displaying his whole power +and speed for a few leaps, and then taking up again." "At last," +according to Randolph, the orator "got up to full speed; and took a +rapid view of what England had done, when she had been successful in +arms; and what would have been our fate, had we been unsuccessful. The +color began to come and go in the face of the chief justice; while +Iredell sat with his mouth and eyes stretched open, in perfect wonder. +Finally, Henry arrived at his utmost height and grandeur. He raised +his hands in one of his grand and solemn pauses.... There was a +tumultuous burst of applause; and Judge Iredell exclaimed, 'Gracious +God! he is an orator indeed!'"[425] It is said, also, by another +witness, that Henry happened that day to wear on his finger a diamond +ring; and that in the midst of the supreme splendor of his eloquence, +a distinguished English visitor who had been given a seat on the +bench, said with significant emphasis to one of the judges, "The +diamond is blazing!"[426] + +As examples of forensic eloquence, on a great subject, before a great +and a fit assemblage, his several speeches in the case of the British +debts were, according to all the testimony, of the highest order of +merit. What they were as examples of legal learning and of legal +argumentation, may be left for every lawyer to judge for himself, by +reading, if he so pleases, the copious extracts which have been +preserved from the stenographic reports of these speeches, as taken by +Robertson. Even from that point of view, they appear not to have +suffered by comparison with the efforts made, in that cause, on the +same side, by John Marshall himself. No inconsiderable portion of his +auditors were members of the bar; and those keen and competent critics +are said to have acknowledged themselves as impressed "not less by the +matter than the manner" of his speeches.[427] Moreover, though not +expressly mentioned, Patrick Henry's argument is pointedly referred to +in the high compliment pronounced by Judge Iredell, when giving his +opinion in this case:-- + + "The cause has been spoken to, at the bar, with a degree of + ability equal to any occasion.... I shall, as long as I + live, remember with pleasure and respect the arguments which + I have heard in this case. They have discovered an + ingenuity, a depth of investigation, and a power of + reasoning fully equal to anything I have ever witnessed; and + some of them have been adorned with a splendor of eloquence + surpassing what I have ever felt before. Fatigue has given + way under its influence, and the heart has been warmed, + while the understanding has been instructed."[428] + +It will be readily understood, however, that while Patrick Henry's +practice included important causes turning, like the one just +described, on propositions of law, and argued by him before the +highest tribunals, the larger part of the practice to be had in +Virginia at that time must have been in actions tried before juries, +in which his success was chiefly due to his amazing endowments of +sympathy, imagination, tact, and eloquence. The testimony of +contemporary witnesses respecting his power in this direction is most +abundant, and also most interesting; and, for obvious reasons, such +portions of it as are now to be reproduced should be given in the very +language of the persons who thus heard him, criticised him, and made +deliberate report concerning him. + +First of all, in the way of preliminary analysis of Henry's genius and +methods as an advocate before juries, may be cited a few sentences of +Wirt, who, indeed, never heard him, but who, being himself a very +gifted and a very ambitious advocate, eagerly collected and keenly +scanned the accounts of many who had heard him:-- + + "He adapted himself, without effort, to the character of the + cause; seized with the quickness of intuition its defensible + point, and never permitted the jury to lose sight of it. Sir + Joshua Reynolds has said of Titian, that, by a few strokes + of his pencil, he knew how to mark the image and character + of whatever object he attempted; and produced by this means + a truer representation than any of his predecessors, who + finished every hair. In like manner Mr. Henry, by a few + master-strokes upon the evidence, could in general stamp + upon the cause whatever image or character he pleased; and + convert it into tragedy or comedy, at his sovereign will, + and with a power which no efforts of his adversary could + counteract. He never wearied the jury by a dry and minute + analysis of the evidence; he did not expend his strength in + finishing the hairs; he produced all his high effect by + those rare master-touches, and by the resistless skill with + which, in a very few words, he could mould and color the + prominent facts of a cause to his purpose. He had wonderful + address, too, in leading off the minds of his hearers from + the contemplation of unfavorable points, if at any time they + were too stubborn to yield to his power of + transformation.... It required a mind of uncommon vigilance, + and most intractable temper, to resist this charm with which + he decoyed away his hearers; it demanded a rapidity of + penetration, which is rarely, if ever, to be found in the + jury-box, to detect the intellectual juggle by which he + spread his nets around them; it called for a stubbornness + and obduracy of soul which does not exist, to sit unmoved + under the pictures of horror or of pity which started from + his canvas. They might resolve, if they pleased, to decide + the cause against him, and to disregard everything which he + could urge in the defence of his client. But it was all in + vain. Some feint in an unexpected direction threw them off + their guard, and they were gone; some happy phrase, burning + from the soul; some image fresh from nature's mint, and + bearing her own beautiful and genuine impress, struck them + with delightful surprise, and melted them into conciliation; + and conciliation towards Mr. Henry was victory inevitable. + In short, he understood the human character so perfectly; + knew so well all its strength and all its weaknesses, + together with every path and by-way which winds around the + citadel of the best fortified heart and mind, that he never + failed to take them, either by stratagem or storm."[429] + +Still further, in the way of critical analysis, should be cited the +opinion of a distinguished student and master of eloquence, the Rev. +Archibald Alexander of Princeton, who, having more than once heard +Patrick Henry, wrote out, with a scholar's precision, the results of +his own keen study into the great advocate's success in subduing men, +and especially jurymen:-- + + "The power of Henry's eloquence was due, first, to the + greatness of his emotion and passion, accompanied with a + versatility which enabled him to assume at once any emotion + or passion which was suited to his ends. Not less + indispensable, secondly, was a matchless perfection of the + organs of expression, including the entire apparatus of + voice, intonation, pause, gesture, attitude, and + indescribable play of countenance. In no instance did he + ever indulge in an expression that was not instantly + recognized as nature itself; yet some of his penetrating and + subduing tones were absolutely peculiar, and as inimitable + as they were indescribable. These were felt by every hearer, + in all their force. His mightiest feelings were sometimes + indicated and communicated by a long pause, aided by an + eloquent aspect, and some significant use of his finger. The + sympathy between mind and mind is inexplicable. Where the + channels of communication are open, the faculty of revealing + inward passion great, and the expression of it sudden and + visible, the effects are extraordinary. Let these shocks of + influence be repeated again and again, and all other + opinions and ideas are for the moment absorbed or excluded; + the whole mind is brought into unison with that of the + speaker; and the spell-bound listener, till the cause + ceases, is under an entire fascination. Then perhaps the + charm ceases, upon reflection, and the infatuated hearer + resumes his ordinary state. + + "Patrick Henry, of course, owed much to his singular insight + into the feelings of the common mind. In great cases he + scanned his jury, and formed his mental estimate; on this + basis he founded his appeals to their predilections and + character. It is what other advocates do, in a lesser + degree. When he knew that there were conscientious or + religious men among the jury, he would most solemnly address + himself to their sense of right, and would adroitly bring in + scriptural citations. If this handle was not offered, he + would lay bare the sensibility of patriotism. Thus it was, + when he succeeded in rescuing the man who had deliberately + shot down a neighbor; who moreover lay under the odious + suspicion of being a Tory, and who was proved to have + refused supplies to a brigade of the American army."[430] + +Passing now from these general descriptions to particular instances, +we may properly request Dr. Alexander to remain somewhat longer in the +witness-stand, and to give us, in detail, some of his own +recollections of Patrick Henry. His testimony, accordingly, is in +these words:-- + + "From my earliest childhood I had been accustomed to hear of + the eloquence of Patrick Henry. On this subject there + existed but one opinion in the country. The power of his + eloquence was felt equally by the learned and the unlearned. + No man who ever heard him speak, on any important occasion, + could fail to admit his uncommon power over the minds of his + hearers.... Being then a young man, just entering on a + profession in which good speaking was very important, it was + natural for me to observe the oratory of celebrated men. I + was anxious to ascertain the true secret of their power; or + what it was which enabled them to sway the minds of hearers, + almost at their will. + + "In executing a mission from the synod of Virginia, in the + year 1794, I had to pass through the county of Prince + Edward, where Mr. Henry then resided. Understanding that he + was to appear before the circuit court, which met in that + county, in defence of three men charged with murder, I + determined to seize the opportunity of observing for myself + the eloquence of this extraordinary orator. It was with + some difficulty I obtained a seat in front of the bar, where + I could have a full view of the speaker, as well as hear him + distinctly. But I had to submit to a severe penance in + gratifying my curiosity; for the whole day was occupied with + the examination of witnesses, in which Mr. Henry was aided + by two other lawyers. In person, Mr. Henry was lean rather + than fleshy. He was rather above than below the common + height, but had a stoop in the shoulders which prevented him + from appearing as tall as he really was. In his moments of + animation, he had the habit of straightening his frame, and + adding to his apparent stature. He wore a brown wig, which + exhibited no indication of any great care in the dressing. + Over his shoulders he wore a brown camlet cloak. Under this + his clothing was black, something the worse for wear. The + expression of his countenance was that of solemnity and deep + earnestness. His mind appeared to be always absorbed in + what, for the time, occupied his attention. His forehead was + high and spacious, and the skin of his face more than + usually wrinkled for a man of fifty. His eyes were small and + deeply set in his head, but were of a bright blue color, and + twinkled much in their sockets. In short, Mr. Henry's + appearance had nothing very remarkable, as he sat at rest. + You might readily have taken him for a common planter, who + cared very little about his personal appearance. In his + manners he was uniformly respectful and courteous. Candles + were brought into the court-house, when the examination of + the witnesses closed; and the judges put it to the option of + the bar whether they would go on with the argument that + night or adjourn until the next day. Paul Carrington, + Junior, the attorney for the State, a man of large size, + and uncommon dignity of person and manner, and also an + accomplished lawyer, professed his willingness to proceed + immediately, while the testimony was fresh in the minds of + all. Now for the first time I heard Mr. Henry make anything + of a speech; and though it was short, it satisfied me of one + thing, which I had particularly desired to have decided: + namely, whether like a player he merely assumed the + appearance of feeling. His manner of addressing the court + was profoundly respectful. He would be willing to proceed + with the trial, 'but,' said he, 'my heart is so oppressed + with the weight of responsibility which rests upon me, + having the lives of three fellow citizens depending, + probably, on the exertions which I may be able to make in + their behalf (here he turned to the prisoners behind him), + that I do not feel able to proceed to-night. I hope the + court will indulge me, and postpone the trial till the + morning.' The impression made by these few words was such as + I assure myself no one can ever conceive by seeing them in + print. In the countenance, action, and intonation of the + speaker, there was expressed such an intensity of feeling, + that all my doubts were dispelled; never again did I + question whether Henry felt, or only acted a feeling. + Indeed, I experienced an instantaneous sympathy with him in + the emotions which he expressed; and I have no doubt the + same sympathy was felt by every hearer. + + "As a matter of course, the proceedings were deferred till + the next morning. I was early at my post; the judges were + soon on the bench, and the prisoners at the bar. Mr. + Carrington ... opened with a clear and dignified speech, and + presented the evidence to the jury. Everything seemed + perfectly plain. Two brothers and a brother-in-law met two + other persons in pursuit of a slave, supposed to be harbored + by the brothers. After some altercation and mutual abuse, + one of the brothers, whose name was John Ford, raised a + loaded gun which he was carrying, and presenting it at the + breast of one of the other pair, shot him dead, in open day. + There was no doubt about the fact. Indeed, it was not + denied. There had been no other provocation than opprobrious + words. It is presumed that the opinion of every juror was + made up from merely hearing the testimony; as Tom Harvey, + the principal witness, who was acting as constable on the + occasion, appeared to be a respectable man. For the clearer + understanding of what follows, it must be observed that said + constable, in order to distinguish him from another of the + name, was commonly called Butterwood Harvey, as he lived on + Butterwood Creek. Mr. Henry, it is believed, understanding + that the people were on their guard against his faculty of + moving the passions and through them influencing the + judgment, did not resort to the pathetic as much as was his + usual practice in criminal cases. His main object appeared + to be, throughout, to cast discredit on the testimony of Tom + Harvey. This he attempted by causing the law respecting + riots to be read by one of his assistants. It appeared in + evidence that Tom Harvey had taken upon him to act as + constable, without being in commission; and that with a + posse of men he had entered the house of one of the Fords in + search of the negro, and had put Mrs. Ford, in her husband's + absence, into a great terror, while she was in a very + delicate condition, near the time of her confinement. As he + descanted on the evidence, he would often turn to Tom + Harvey--a large, bold-looking man--and with the most + sarcastic look would call him by some name of contempt; + 'this Butterwood Tom Harvey,' 'this would-be constable,' + etc. By such expressions, his contempt for the man was + communicated to the hearers. I own I felt it gaining on me, + in spite of my better judgment; so that before he was done, + the impression was strong on my mind that Butterwood Harvey + was undeserving of the smallest credit. This impression, + however, I found I could counteract the moment I had time + for reflection. The only part of the speech in which he + manifested his power of touching the feelings strongly, was + where he dwelt on the irruption of the company into Ford's + house, in circumstances so perilous to the solitary wife. + This appeal to the sensibility of husbands--and he knew that + all the jury stood in this relation--was overwhelming. If + the verdict could have been rendered immediately after this + burst of the pathetic, every man, at least every husband, in + the house, would have been for rejecting Harvey's testimony, + if not for hanging him forthwith."[431] + +A very critical and cool-headed witness respecting Patrick Henry's +powers as an advocate was Judge Spencer Roane, who presided in one of +the courts in which the orator was much engaged after his return to +the bar in 1786:-- + + "When I saw him there," writes Judge Roane, "he must + necessarily have been very rusty; yet I considered him as a + good lawyer.... It was as a criminal lawyer that his + eloquence had the finest scope.... He was a perfect master + of the passions of his auditory, whether in the tragic or + the comic line. The tones of his voice, to say nothing of + his matter and gesture, were insinuated into the feelings of + his hearers, in a manner that baffled all description. It + seemed to operate by mere sympathy, and by his tones alone + it seemed to me that he could make you cry or laugh at + pleasure. Yet his gesture came powerfully in aid, and, if + necessary, would approach almost to the ridiculous.... I + will try to give some account of his tragic and comic effect + in two instances that came before me. About the year 1792, + one Holland killed a young man in Botetourt.... Holland had + gone up from Louisa as a schoolmaster, but had turned out + badly, and was very unpopular. The killing was in the night, + and was generally believed to be murder.... At the instance + of the father and for a reasonable fee, Mr. H. undertook to + go to Greenbrier court to defend Holland. Mr. Winston and + myself were the judges. Such were the prejudices there, as I + was afterwards informed by Thomas Madison, that the people + there declared that even Patrick Henry need not come to + defend Holland, unless he brought a jury with him. On the + day of the trial the court-house was crowded, and I did not + move from my seat for fourteen hours, and had no wish to do + so. The examination took up a great part of the time, and + the lawyers were probably exhausted. Breckenridge was + eloquent, but Henry left no dry eye in the court-house. The + case, I believe, was murder, though, possibly, manslaughter + only; and Henry laid hold of this possibility with such + effect as to make all forget that Holland had killed the + storekeeper, and presented the deplorable case of the jury's + killing Holland, an innocent man. He also presented, as it + were, at the clerk's table, old Holland and his wife, who + were then in Louisa, and asked what must be the feeling of + this venerable pair at this awful moment, and what the + consequences to them of a mistaken verdict affecting the + life of their son. He caused the jury to lose sight of the + murder they were then trying, and weep with old Holland and + his wife, whom he painted, and perhaps proved to be, very + respectable. All this was done in a manner so solemn and + touching, and a tone so irresistible, that it was impossible + for the stoutest heart not to take sides with the + criminal.... The result of the trial was, that, after a + retirement of an half or quarter of an hour, the jury + brought in a verdict of not guilty! But on being reminded by + the court that they might find an inferior degree of + homicide, they brought in a verdict of manslaughter. + + "Mr. Henry was equally successful in the comic line.... The + case was that a wagoner and the plaintiff were travelling to + Richmond, and the wagoner knocked down a turkey and put it + into his wagon. Complaint was made to the defendant, a + justice; both the parties were taken up; and the wagoner + agreed to take a whipping rather than be sent to jail. But + the plaintiff refused. The justice, however, gave him, also, + a small whipping; and for this the suit was brought. The + plaintiff's plea was that he was wholly innocent of the act + committed. Mr. H., on the contrary, contended that he was a + party aiding and assisting. In the course of his remarks he + thus expressed himself: 'But, gentlemen of the jury, this + plaintiff tells you that he had nothing to do with the + turkey. I dare say, gentlemen,--not until it was roasted!' + and he pronounced the word--'roasted'--with such rotundity + of voice, and comicalness of manner and gesture, that it + threw every one into a fit of laughter at the plaintiff, + who stood up in the place usually allotted to the criminals; + and the defendant was let off with little or no + damages."[432] + +Finally, we must recall, in illustration of our present subject, an +anecdote left on record in 1813, by the Rev. Conrad Speece, highly +distinguished during his lifetime, in the Presbyterian communion:-- + + "Many years ago," he then wrote, "I was at the trial, in one + of our district courts, of a man charged with murder. The + case was briefly this: the prisoner had gone, in execution + of his office as a constable, to arrest a slave who had been + guilty of some misconduct, and bring him to justice. + Expecting opposition in the business, the constable took + several men with him, some of them armed. They found the + slave on the plantation of his master, within view of the + house, and proceeded to seize and bind him. His mistress, + seeing the arrest, came down and remonstrated vehemently + against it. Finding her efforts unavailing, she went off to + a barn where her husband was, who was presently perceived + running briskly to the house. It was known he always kept a + loaded rifle over his door. The constable now desired his + company to remain where they were, taking care to keep the + slave in custody, while he himself would go to the house to + prevent mischief. He accordingly ran towards the house. When + he arrived within a short distance of it, the master + appeared coming out of the door with his rifle in his hand. + Some witnesses said that as he came to the door he drew the + cock of the piece, and was seen in the act of raising it to + the position of firing. But upon these points there was + not an entire agreement in the evidence. The constable, + standing near a small building in the yard, at this instant + fired, and the fire had a fatal effect. No previous malice + was proved against him; and his plea upon the trial was, + that he had taken the life of his assailant in necessary + self-defence. + + "A great mass of testimony was delivered. This was commented + upon with considerable ability by the lawyer for the + commonwealth, and by another lawyer engaged by the friends + of the deceased for the prosecution. The prisoner was also + defended, in elaborate speeches, by two respectable + advocates. These proceedings brought the day to a close. The + general whisper through a crowded house was, that the man + was guilty and could not be saved. + + "About dusk, candles were brought, and Henry arose. His + manner was ... plain, simple, and entirely unassuming. + 'Gentlemen of the jury,' said he, 'I dare say we are all + very much fatigued with this tedious trial. The prisoner at + the bar has been well defended already; but it is my duty to + offer you some further observations in behalf of this + unfortunate man. I shall aim at brevity. But should I take + up more of your time than you expect, I hope you will hear + me with patience, when you consider that blood is + concerned.' + + "I cannot admit the possibility that any one, who never + heard Henry speak, should be made fully to conceive the + force of impression which he gave to these few words, 'blood + is concerned.' I had been on my feet through the day, pushed + about in the crowd, and was excessively weary. I was + strongly of opinion, too, notwithstanding all the previous + defensive pleadings, that the prisoner was guilty of + murder; and I felt anxious to know how the matter would + terminate. Yet when Henry had uttered these words, my + feelings underwent an instantaneous change. I found + everything within me answering,--'Yes, since blood is + concerned, in the name of all that is righteous, go on; we + will hear you with patience until the rising of to-morrow's + sun!' This bowing of the soul must have been universal; for + the profoundest silence reigned, as if our very breath had + been suspended. The spell of the magician was upon us, and + we stood like statues around him. Under the touch of his + genius, every particular of the story assumed a new aspect, + and his cause became continually more bright and promising. + At length he arrived at the fatal act itself: 'You have been + told, gentlemen, that the prisoner was bound by every + obligation to avoid the supposed necessity of firing, by + leaping behind a house near which he stood at that moment. + Had he been attacked with a club, or with stones, the + argument would have been unanswerable, and I should feel + myself compelled to give up the defence in despair. But + surely I need not tell you, gentlemen, how wide is the + difference between sticks or stones, and double-triggered, + loaded rifles cocked at your breast!' The effect of this + terrific image, exhibited in this great orator's peerless + manner, cannot be described. I dare not attempt to delineate + the paroxysm of emotion which it excited in every heart. The + result of the whole was, that the prisoner was acquitted; + with the perfect approbation, I believe, of the numerous + assembly who attended the trial. What was it that gave such + transcendent force to the eloquence of Henry? His reasoning + powers were good; but they have been equalled, and more than + equalled, by those of many other men. His imagination was + exceedingly quick, and commanded all the stores of nature, + as materials for illustrating his subject. His voice and + delivery were inexpressibly happy. But his most irresistible + charm was the vivid feeling of his cause, with which he + spoke. Such feeling infallibly communicates itself to the + breast of the hearer."[433] + + +FOOTNOTES: + +[416] Winston, in Wirt, 260. + +[417] Ware, Administrator of Jones, Plaintiff in Error, _v._ Hylton +_et al._, Curtis, _Decisions_, i. 164-229. + +[418] Wirt, 316-318. + +[419] _Ibid._ 312. + +[420] Edward Fontaine, MS. + +[421] Howe, _Hist. Coll. Va._ 221. + +[422] Wirt, 312. + +[423] Wirt, 320-321; 368-369. + +[424] McRee, _Life of Iredell_, ii. 394. + +[425] Memorandum of J. W. Bouldin, in _Hist. Mag._ for 1873, 274-275. + +[426] Howe, _Hist. Coll. Va._ 222. + +[427] Judge Spencer Roane, MS. + +[428] McRee, _Life of Iredell_, ii. 395. + +[429] Wirt, 75-76. + +[430] J. W. Alexander, _Life of A. Alexander_, 191-192. + +[431] J. W. Alexander, _Life of Archibald Alexander_, 183-187. + +[432] MS. + +[433] Howe. _Hist. Coll. Va._ 222-223. + + + + +CHAPTER XXI + +IN RETIREMENT + + +In the year 1794, being then fifty-eight years old, and possessed at +last of a competent fortune, Patrick Henry withdrew from his +profession, and resolved to spend in retirement the years that should +remain to him on earth. Removing from Prince Edward County, he lived +for a short time at Long Island, in Campbell County; but in 1795 he +finally established himself in the county of Charlotte, on an estate +called Red Hill,--an estate which continued to be his home during the +rest of his life, which gave to him his burial place, and which still +remains in the possession of his descendants. + +The rapidity with which he had thus risen out of pecuniary +embarrassments was not due alone to the earnings of his profession +during those few years; for while his eminence as an advocate +commanded the highest fees, probably, that were then paid in Virginia, +it is apparent from his account-books that those fees were not at all +exorbitant, and for a lawyer of his standing would not now be regarded +as even considerable. The truth is that, subsequently to his youthful +and futile attempts at business, he had so profited by the experiences +of his life as to have become a sagacious and an expert man of +business. "He could buy or sell a horse, or a negro, as well as +anybody, and was peculiarly a judge of the value and quality of +lands."[434] It seems to have been chiefly from his investments in +lands, made by him with foresight and judgment, and from which, for a +long time, he had reaped only burdens and anxieties, that he derived +the wealth that secured for him the repose of his last years. The +charge long afterward made by Jefferson, that Patrick Henry's fortune +came either from a mean use of his right to pay his land debts in a +depreciated currency "not worth oak-leaves," or from any connection on +his part with the profligate and infamous Yazoo speculation, has been +shown, by ample evidence, to be untrue.[435] + +The descriptions which have come down to us of the life led by the old +statesman in those last five years of retirement make a picture +pleasant to look upon. The house at Red Hill, which then became his +home, "is beautifully situated on an elevated ridge, the dividing line +of Campbell and Charlotte, within a quarter of a mile of the junction +of Falling River with the Staunton. From it the valley of the Staunton +stretches southward about three miles, varying from a quarter to +nearly a mile in width, and of an oval-like form. Through most fertile +meadows waving in their golden luxuriance, slowly winds the river, +overhung by mossy foliage, while on all sides gently sloping hills, +rich in verdure, enclose the whole, and impart to it an air of +seclusion and repose. From the brow of the hill, west of the house, is +a scene of an entirely different character: the Blue Ridge, with the +lofty peaks of Otter, appears in the horizon at a distance of nearly +sixty miles." Under the trees which shaded his lawn, and "in full view +of the beautiful valley beneath, the orator was accustomed, in +pleasant weather, to sit mornings and evenings, with his chair leaning +against one of their trunks, and a can of cool spring-water by his +side, from which he took frequent draughts. Occasionally, he walked to +and fro in the yard from one clump of trees to the other, buried in +revery, at which times he was never interrupted."[436] "His great +delight," says one of his sons-in-law, "was in conversation, in the +society of his friends and family, and in the resources of his own +mind."[437] Thus beneath his own roof, or under the shadow of his own +trees, he loved to sit, like a patriarch, with his family and his +guests gathered affectionately around him, and there, free from +ceremony as from care, to give himself up to the interchange of +congenial thought whether grave or playful, and even to the sports of +the children. "His visitors," writes one of them, "have not +unfrequently caught him lying on the floor, with a group of these +little ones climbing over him in every direction, or dancing around +him with obstreperous mirth, to the tune of his violin, while the only +contest seemed to be who should make the most noise."[438] + +The evidence of contemporaries respecting the sweetness of his spirit +and his great lovableness in private life is most abundant. One who +knew him well in his family, and who was also quite willing to be +critical upon occasion, has said:-- + + "With respect to the domestic character of Mr. Henry, + nothing could be more amiable. In every relation, as a + husband, father, master, and neighbor, he was entirely + exemplary. As to the disposition of Mr. Henry, it was the + best imaginable. I am positive that I never saw him in a + passion, nor apparently even out of temper. Circumstances + which would have highly irritated other men had no such + visible effect on him. He was always calm and collected; and + the rude attacks of his adversaries in debate only whetted + the poignancy of his satire.... Shortly after the + Constitution was adopted, a series of the most abusive and + scurrilous pieces came out against him, under the signature + of Decius. They were supposed to be written by John + Nicholas, ... with the assistance of other more important + men. They assailed Mr. Henry's conduct in the Convention, + and slandered his character by various stories hatched up + against him. These pieces were extremely hateful to all Mr. + Henry's friends, and, indeed, to a great portion of the + community. I was at his house in Prince Edward during the + thickest of them.... He evinced no feeling on the occasion, + and far less condescended to parry the effects on the public + mind. It was too puny a contest for him, and he reposed upon + the consciousness of his own integrity.... With many sublime + virtues, he had no vice that I knew or ever heard of, and + scarcely a foible. I have thought, indeed, that he was too + much attached to property,--a defect, however, which might + be excused when we reflect on the largeness of a beloved + family, and the straitened circumstances in which he had + been confined during a great part of his life."[439] + +Concerning his personal habits, we have, through his grandson, Patrick +Henry Fontaine, some testimony which has the merit of placing the +great man somewhat more familiarly before us. "He was," we are told, +"very abstemious in his diet, and used no wine or alcoholic +stimulants. Distressed and alarmed at the increase of drunkenness +after the Revolutionary war, he did everything in his power to arrest +the vice. He thought that the introduction of a harmless beverage, as +a substitute for distilled spirits, would be beneficial. To effect +this object, he ordered from his merchant in Scotland a consignment of +barley, and a Scotch brewer and his wife to cultivate the grain, and +make small beer. To render the beverage fashionable and popular, he +always had it upon his table while he was governor during his last +term of office; and he continued its use, but drank nothing stronger, +while he lived."[440] + +Though he was always a most loyal Virginian, he became, particularly +in his later years, very unfriendly to that renowned and consolatory +herb so long associated with the fame and fortune of his native State. + + "In his old age, the condition of his nervous system made + the scent of a tobacco-pipe very disagreeable to him. The + old colored house-servants were compelled to hide their + pipes, and rid themselves of the scent of tobacco, before + they ventured to approach him.... They protested that they + had not smoked, or seen a pipe; and he invariably proved the + culprit guilty by following the scent, and leading them to + the corn-cob pipes hid in some crack or cranny, which he + made them take and throw instantly into the kitchen fire, + without reforming their habits, or correcting the evil, + which is likely to continue as long as tobacco will + grow."[441] + +Concerning another of his personal habits, during the years thus +passed in retirement at Red Hill, there is a charming description, +also derived from the grandson to whom we are indebted for the facts +just mentioned:-- + + "His residence overlooked a large field in the bottom of + Staunton River, the most of which could be seen from his + yard. He rose early; and in the mornings of the spring, + summer, and fall, before sunrise, while the air was cool and + calm, reflecting clearly and distinctly the sounds of the + lowing herds and singing birds, he stood upon an eminence, + and gave orders and directions to his servants at work a + half mile distant from him. The strong, musical voices of + the negroes responded to him. During this elocutionary + morning exercise, his enunciation was clear and distinct + enough to be heard over an area which ten thousand people + could not have filled; and the tones of his voice were as + melodious as the notes of an Alpine horn."[442] + +Of course the house-servants and the field-servants just mentioned +were slaves; and, from the beginning to the end of his life, Patrick +Henry was a slaveholder. He bought slaves, he sold slaves, and, along +with the other property--the lands, the houses, the cattle--bequeathed +by him to his heirs, were numerous human beings of the African race. +What, then, was the opinion respecting slavery held by this great +champion of the rights of man? "Is it not amazing"--thus he wrote in +1773--"that, at a time when the rights of humanity are defined and +understood with precision, in a country above all others fond of +liberty, in such an age, we find men, professing a religion the most +humane, mild, meek, gentle, and generous, adopting a principle as +repugnant to humanity as it is inconsistent with the Bible and +destructive to liberty?... Would any one believe that I am master of +slaves of my own purchase? I am drawn along by the general +inconvenience of living without them. I will not, I cannot, justify +it; however culpable my conduct, I will so far pay my 'devoir' to +virtue as to own the excellence and rectitude of her precepts, and to +lament my want of conformity to them. I believe a time will come when +an opportunity will be offered to abolish this lamentable evil: +everything we can do is to improve it, if it happens in our day; if +not, let us transmit to our descendants, together with our slaves, a +pity for their unhappy lot, and an abhorrence of slavery. We owe to +the purity of our religion, to show that it is at variance with that +law which warrants slavery."[443] After the Revolution, and before the +adoption of the Constitution, he earnestly advocated, in the Virginia +House of Delegates, some method of emancipation; and even in the +Convention of 1788, where he argued against the Constitution on the +ground that it obviously conferred upon the general government, in an +emergency, that power of emancipation which, in his opinion, should be +retained by the States, he still avowed his hostility to slavery, and +at the same time his inability to see any practicable means of ending +it: "Slavery is detested: we feel its fatal effects,--we deplore it +with all the pity of humanity.... As we ought with gratitude to admire +that decree of Heaven which has numbered us among the free, we ought +to lament and deplore the necessity of holding our fellow-men in +bondage. But is it practicable, by any human means, to liberate them +without producing the most dreadful and ruinous consequences?"[444] + +During all the years of his retirement, his great fame drew to him +many strangers, who came to pay their homage to him, to look upon his +face, to listen to his words. Such guests were always received by him +with a cordiality that was unmistakable, and so modest and simple as +to put them at once at their ease. Of course they desired most of all +to hear him talk of his own past life, and of the great events in +which he had borne so brilliant a part; but whenever he was persuaded +to do so, it was always with the most quiet references to himself. "No +man," says one who knew him well, "ever vaunted less of his +achievements than Mr. H. I hardly ever heard him speak of those great +achievements which form the prominent part of his biography. As for +boasting, he was entirely a stranger to it, unless it be that, in his +latter days, he seemed proud of the goodness of his lands, and, I +believe, wished to be thought wealthy. It is my opinion that he was +better pleased to be flattered as to his wealth than as to his great +talents. This I have accounted for by recollecting that he had long +been under narrow and difficult circumstances as to property, from +which he was at length happily relieved; whereas there never was a +time when his talents had not always been conspicuous, though he +always seemed unconscious of them."[445] + +It should not be supposed that, in his final withdrawal from public +and professional labors, he surrendered himself to the enjoyment of +domestic happiness, without any positive occupation of the mind. From +one of his grandsons, who was much with him in those days, the +tradition is derived that, besides "setting a good example of honesty, +benevolence, hospitality, and every social virtue," he assisted "in +the education of his younger children," and especially devoted much +time "to earnest efforts to establish true Christianity in our +country."[446] He gave himself more than ever to the study of the +Bible, as well as of two or three of the great English divines, +particularly Tillotson, Butler, and Sherlock. The sermons of the +latter, he declared, had removed "all his doubts of the truth of +Christianity;" and from a volume which contained them, and which was +full of his pencilled notes, he was accustomed to read "every Sunday +evening to his family; after which they all joined in sacred music, +while he accompanied them on the violin."[447] + +There seems to have been no time in his life, after his arrival at +manhood, when Patrick Henry was not regarded by his private +acquaintances as a positively religious person. Moreover, while he was +most tolerant of all forms of religion, and was on peculiarly friendly +terms with their ministers, to whose preaching he often listened, it +is inaccurate to say, as Wirt has done, that, though he was a +Christian, he was so "after a form of his own;" that "he was never +attached to any particular religious society, and never ... communed +with any church."[448] On the contrary, from a grandson who spent +many years in his household comes the tradition that "his parents were +members of the Protestant Episcopal Church, of which his uncle, +Patrick Henry, was a minister;" that "he was baptized and made a +member of it in early life;" and that "he lived and died an exemplary +member of it."[449] Furthermore, in 1830, the Rev. Charles Dresser, +rector of Antrim Parish, Halifax County, Virginia, wrote that the +widow of Patrick Henry told him that her husband used to receive "the +communion as often as an opportunity was offered, and on such +occasions always fasted until after he had communicated, and spent the +day in the greatest retirement. This he did both while governor and +afterward."[450] In a letter to one of his daughters, written in 1796, +he makes this touching confession:-- + + "Amongst other strange things said of me, I hear it is said + by the deists that I am one of the number; and, indeed, that + some good people think I am no Christian. This thought gives + me much more pain than the appellation of Tory; because I + think religion of infinitely higher importance than + politics; and I find much cause to reproach myself that I + have lived so long, and have given no decided and public + proofs of my being a Christian. But, indeed, my dear child, + this is a character which I prize far above all this world + has, or can boast."[451] + +While he thus spoke, humbly and sorrowfully, of his religious position +as a thing so little known to the public that it could be entirely +misunderstood by a portion of them, it is plain that no one who had +seen him in the privacy of his life at home could have had any +misunderstanding upon that subject. For years before his retirement +from the law, it had been his custom, we are told, to spend "one hour +every day ... in private devotion. His hour of prayer was the close of +the day, including sunset; ... and during that sacred hour, none of +his family intruded upon his privacy."[452] + +As regards his religious faith, Patrick Henry, while never +ostentatious of it, was always ready to avow it, and to defend it. The +French alliance during our Revolution, and our close intercourse with +France immediately afterward, hastened among us the introduction of +certain French writers who were assailants of Christianity, and who +soon set up among the younger and perhaps brighter men of the country +the fashion of casting off, as parts of an outworn and pitiful +superstition, the religious ideas of their childhood, and even the +morality which had found its strongest sanctions in those ideas. Upon +all this, Patrick Henry looked with grief and alarm. In his opinion, a +far deeper, a far wiser and nobler handling of all the immense +questions involved in the problem of the truth of Christianity was +furnished by such English writers as Sherlock and Bishop Butler, and, +for popular use, even Soame Jenyns. Therefore, as French scepticism +then had among the Virginia lawyers and politicians its diligent +missionaries, so, with the energy and directness that always +characterized him, he determined to confront it, if possible, with an +equal diligence; and he then deliberately made himself, while still a +Virginia lawyer and politician, a missionary also,--a missionary on +behalf of rational and enlightened Christian faith. Thus during his +second term as governor he caused to be printed, on his own account, +an edition of Soame Jenyns's "View of the Internal Evidence of +Christianity;" likewise, an edition of Butler's "Analogy;" and +thenceforward, particularly among the young men of Virginia, assailed +as they were by the fashionable scepticism, this illustrious +colporteur was active in the defence of Christianity, not only by his +own sublime and persuasive arguments, but by the distribution, as the +fit occasion offered, of one or the other of these two books. + +Accordingly when, during the first two years of his retirement, Thomas +Paine's "Age of Reason" made its appearance, the old statesman was +moved to write out a somewhat elaborate treatise in defence of the +truth of Christianity. This treatise it was his purpose to have +published. "He read the manuscript to his family as he progressed with +it, and completed it a short time before his death." When it was +finished, however, being "diffident about his own work," and +impressed, also, by the great ability of the replies to Paine which +were then appearing in England, "he directed his wife to destroy" what +he had written. She "complied literally with his directions," and thus +put beyond the chance of publication a work which seemed, to some who +heard it, to be "the most eloquent and unanswerable argument in the +defence of the Bible which was ever written."[453] + +Finally, in his last will and testament, bearing the date of November +20, 1798, and written throughout, as he says, "with my own hand," he +chose to insert a touching affirmation of his own deep faith in +Christianity. After distributing his estate among his descendants, he +thus concludes: "This is all the inheritance I can give to my dear +family. The religion of Christ can give them one which will make them +rich indeed."[454] + +It is not to be imagined that this deep seclusion and these eager +religious studies implied in Patrick Henry any forgetfulness of the +political concerns of his own country, or any indifference to those +mighty events which, during those years, were taking place in Europe, +and were reacting with tremendous effect upon the thought, the +emotion, and even the material interests of America. Neither did he +succeed in thus preserving the retirement which he had resolved upon, +without having to resist the attempts of both political parties to +draw him forth again into official life. All these matters, indeed, +are involved in the story of his political attitude from the close of +his struggle for amending the Constitution down to the very close of +his life,--a story which used to be told with angry vituperation on +one side, perhaps with some meek apologies on the other. Certainly, +the day for such comment is long past. In the disinterestedness which +the lapse of time has now made an easy virtue for us, we may see, +plainly enough, that such ungentle words as "apostate" and "turncoat," +with which his name used to be plentifully assaulted, were but the +missiles of partisan excitement; and that by his act of intellectual +readjustment with respect to the new conditions forced upon human +society, on both sides of the Atlantic, by the French Revolution, he +developed no occasion for apologies, since he therein did nothing that +was unusual at that time among honest and thoughtful men everywhere, +and nothing that was inconsistent with the professions or the +tendencies of his own previous life. It becomes our duty, however, to +trace this story over again, as concisely as possible, but in the +light of much historical evidence that has never hitherto been +presented in connection with it. + +Upon the adoption, in 1791, of the first ten amendments to the +Constitution, every essential objection which he had formerly urged +against that instrument was satisfied; and there then remained no +good reason why he should any longer hold himself aloof from the +cordial support of the new government, especially as directed, first +by Washington, and afterward by John Adams,--two men with whom, both +personally and politically, he had always been in great harmony, +excepting only upon this single matter of the Constitution in its +original form. Undoubtedly, the contest which he had waged on that +question had been so hot and so bitter that, even after it was ended, +some time would be required for his recovery from the soreness of +spirit, from the tone of suspicion and even of enmity, which it had +occasioned. Accordingly, in the correspondence and other records of +the time, we catch some glimpses of him, which show that even after +Congress had passed the great amendments, and after their approval by +the States had become a thing assured, he still looked askance at the +administration, and particularly at some of the financial measures +proposed by Hamilton.[455] Nevertheless, as year by year went on, and +as Washington and his associates continued to deal fairly, wisely, +and, on the whole, successfully, with the enormous problems which they +encountered; moreover, as Jefferson and Madison gradually drew off +from Washington, and formed a party in opposition, which seemed to +connive at the proceedings of Genet, and to encourage the formation +among us of political clubs in apparent sympathy with the wildest and +most anarchic doctrines which were then flung into words and into +deeds in the streets of Paris, it happened that Patrick Henry found +himself, like Richard Henry Lee, and many another of his companions in +the old struggle against the Constitution, drawn more and more into +support of the new government. + +In this frame of mind, probably, was he in the spring of 1793, when, +during the session of the federal court at Richmond, he had frequent +conversations with Chief Justice Jay and with Judge Iredell. The +latter, having never before met Henry, had felt great dislike of him +on account of the alleged violence of his opinions against the +Constitution; but after making his acquaintance, Iredell thus wrote +concerning him: "I never was more agreeably disappointed than in my +acquaintance with him. I have been much in his company; and his +manners are very pleasing, and his mind, I am persuaded, highly +liberal. It is a strong additional reason I have, added to many +others, to hold in high detestation violent party prejudice."[456] + +In the following year, General Henry Lee, then governor of Virginia, +appointed Patrick Henry as a senator of the United States, to fill out +an unexpired term. This honor he felt compelled to decline. + +In the course of the same year, General Lee, finding that Patrick +Henry, though in virtual sympathy with the administration, was yet +under the impression that Washington had cast off their old +friendship, determined to act the part of a peacemaker between them, +and, if possible, bring together once more two old friends who had +been parted by political differences that no longer existed. On the +17th of August, 1794, Lee, at Richmond, thus wrote to the President:-- + + "When I saw you in Philadelphia, I had many conversations + with you respecting Mr. Henry, and since my return I have + talked very freely and confidentially with that gentleman. I + plainly perceive that he has credited some information, + which he has received (from whom I know not), which induces + him to believe that you consider him a factious, seditious + character.... Assured in my own mind that his opinions are + groundless, I have uniformly combated them, and lament that + my endeavors have been unavailing. He seems to be deeply and + sorely affected. It is very much to be regretted; for he is + a man of positive virtue as well as of transcendent talents; + and were it not for his feelings above expressed, I verily + believe, he would be found among the most active supporters + of your administration. Excuse me for mentioning this matter + to you. I have long wished to do it, in the hope that it + would lead to a refutation of the sentiments entertained by + Mr. Henry."[457] + +To this letter Washington sent a reply which expressed unabated regard +for his old friend; and this reply, having been shown by Lee to Henry, +drew from him this noble-minded answer:-- + + TO GENERAL HENRY LEE. + + RED HILL, 27 June, 1795. + + MY DEAR SIR,--Your very friendly communication of so much of + the President's letter as relates to me, demands my sincere + thanks. Retired as I am from the busy world, it is still + grateful to me to know that some portion of regard remains + for me amongst my countrymen; especially those of them whose + opinions I most value. But the esteem of that personage, who + is contemplated in this correspondence, is highly flattering + indeed. + + The American Revolution was the grand operation, which + seemed to be assigned by the Deity to the men of this age in + our country, over and above the common duties of life. I + ever prized at a high rate the superior privilege of being + one in that chosen age, to which Providence intrusted its + favorite work. With this impression, it was impossible for + me to resist the impulse I felt to contribute my mite + towards accomplishing that event, which in future will give + a superior aspect to the men of these times. To the man, + especially, who led our armies, will that aspect belong; and + it is not in nature for one with my feelings to revere the + Revolution, without including him who stood foremost in its + establishment. + + Every insinuation that taught me to believe I had forfeited + the good-will of that personage, to whom the world had + agreed to ascribe the appellation of good and great, must + needs give me pain; particularly as he had opportunities of + knowing my character both in public and in private life. The + intimation now given me, that there was no ground to believe + I had incurred his censure, gives very great pleasure. + + Since the adoption of the present Constitution, I have + generally moved in a narrow circle. But in that I have never + omitted to inculcate a strict adherence to the principles of + it. And I have the satisfaction to think, that in no part of + the Union have the laws been more pointedly obeyed, than in + that where I have resided and spent my time. Projects, + indeed, of a contrary tendency have been hinted to me; but + the treatment of the projectors has been such as to prevent + all intercourse with them for a long time. Although a + democrat myself, I like not the late democratic societies. + As little do I like their suppression by law. Silly things + may amuse for awhile, but in a little time men will perceive + their delusions. The way to preserve in men's minds a value + for them, is to enact laws against them. + + My present views are to spend my days in privacy. If, + however, it shall please God, during my life, so to order + the course of events as to render my feeble efforts + necessary for the safety of the country, in any, even the + smallest degree, that little which I can do shall be done. + Whenever you may have an opportunity, I shall be much + obliged by your presenting my best respects and duty to the + President, assuring him of my gratitude for his favorable + sentiments towards me. + + Be assured, my dear sir, of the esteem and regard with which + I am yours, etc., + + PATRICK HENRY.[458] + +After seeing this letter, Washington took an opportunity to convey to +Patrick Henry a strong practical proof of his confidence in him, and +of his cordial friendship. The office of secretary of state having +become vacant, Washington thus tendered the place to Patrick Henry:-- + + MOUNT VERNON, 9 October, 1795. + + DEAR SIR,--Whatever may be the reception of this letter, + truth and candor shall mark its steps. You doubtless know + that the office of state is vacant; and no one can be more + sensible than yourself of the importance of filling it with + a person of abilities, and one in whom the public would have + confidence. + + It would be uncandid not to inform you that this office has + been offered to others; but it is as true, that it was from + a conviction in my own mind that you would not accept it + (until Tuesday last, in a conversation with General Lee, he + dropped sentiments which made it less doubtful), that it was + not offered first to you. + + I need scarcely add, that if this appointment could be made + to comport with your own inclination, it would be as + pleasing to me, as I believe it would be acceptable to the + public. With this assurance, and with this belief, I make + you the offer of it. My first wish is that you would accept + it; the next is that you would be so good as to give me an + answer as soon as you conveniently can, as the public + business in that department is now suffering for want of a + secretary.[459] + +Though Patrick Henry declined this proposal, he declined it for +reasons that did not shut the door against further overtures of a +similar kind; for, within the next three months, a vacancy having +occurred in another great office,--that of chief justice of the +United States,--Washington again employed the friendly services of +General Lee, whom he authorized to offer the place to Patrick Henry. +This was done by Lee in a letter dated December 26, 1795:-- + + "The Senate have disagreed to the President's nomination of + Mr. Rutledge, and a vacancy in that important office has + taken place. For your country's sake, for your friends' + sake, for your family's sake, tell me you will obey a call + to it. You know my friendship for you; you know my + circumspection; and, I trust, you know, too, I would not + address you on such a subject without good grounds. Surely + no situation better suits you. You continue at home, only + [except] when on duty. Change of air and exercise will add + to your days. The salary excellent, and the honor very + great. Be explicit in your reply."[460] + +On the same day on which Lee thus wrote to Henry he likewise wrote to +Washington, informing him that he had done so; but, for some cause now +unknown, Washington received no further word from Lee for more than +two weeks. Accordingly, on the 11th of January, 1796, in his anxiety +to know what might be Patrick Henry's decision concerning the office +of chief justice, Washington wrote to Lee as follows:-- + + MY DEAR SIR,--Your letter of the 26th ult. has been + received, but nothing from you since,--which is embarrassing + in the extreme; for not only the nomination of chief + justice, but an associate judge, and secretary of war, is + suspended on the answer you were to receive from Mr. Henry; + and what renders the want of it more to be regretted is, + that the first Monday of next month (which happens on the + first day of it) is the term appointed by law for the + meeting of the Superior Court of the United States, in this + city; at which, for particular reasons, the bench ought to + be full. I will add no more at present than that I am your + affectionate, + + GEO. WASHINGTON.[461] + +Although Patrick Henry declined this great compliment also, his +friendliness to the administration had become so well understood that, +among the Federal leaders, who in the spring of 1796 were planning for +the succession to Washington and Adams, there was a strong inclination +to nominate Patrick Henry for the vice-presidency,--their chief doubt +being with reference to his willingness to take the nomination.[462] + +All these overtures to Patrick Henry were somewhat jealously watched +by Jefferson, who, indeed, in a letter to Monroe, on the 10th of July, +1796, interpreted them with that easy recklessness of statement which +so frequently embellished his private correspondence and his private +talk. "Most assiduous court," he says of the Federalists, "is paid to +Patrick Henry. He has been offered everything which they knew he would +not accept."[463] + +A few weeks after Jefferson penned those sneering words, the person +thus alluded to wrote to his daughter, Mrs. Aylett, concerning certain +troublesome reports which had reached her:-- + + "As to the reports you have heard, of my changing sides in + politics, I can only say they are not true. I am too old to + exchange my former opinions, which have grown up into fixed + habits of thinking. True it is, I have condemned the conduct + of our members in Congress, because, in refusing to raise + money for the purposes of the British treaty, they, in + effect, would have surrendered our country bound, hand and + foot, to the power of the British nation.... The treaty is, + in my opinion, a very bad one indeed. But what must I think + of those men, whom I myself warned of the danger of giving + the power of making laws by means of treaty to the President + and Senate, when I see these same men denying the existence + of that power, which, they insisted in our convention, ought + properly to be exercised by the President and Senate, and by + none other? The policy of these men, both then and now, + appears to me quite void of wisdom and foresight. These + sentiments I did mention in conversation in Richmond, and + perhaps others which I don't remember.... It seems that + every word was watched which I casually dropped, and wrested + to answer party views. Who can have been so meanly employed, + I know not, neither do I care; for I no longer consider + myself as an actor on the stage of public life. It is time + for me to retire; and I shall never more appear in a public + character, unless some unlooked-for circumstance shall + demand from me a transient effort, not inconsistent with + private life--in which I have determined to continue."[464] + +In the autumn of 1796 the Assembly of Virginia, then under the +political control of Jefferson, and apparently eager to compete with +the Federalists for the possession of a great name, elected Patrick +Henry to the governorship of the State. But the man whose purpose to +refuse office had been proof against the attractions of the United +States Senate, and of the highest place in Washington's cabinet, and +of the highest judicial position in the country, was not likely to +succumb to the opportunity of being governor of Virginia for the +sixth time. + + +FOOTNOTES: + +[434] Spencer Roane, MS. + +[435] _Hist. Mag._ for 1867, 93; 369-370. + +[436] Howe, _Hist. Coll. Va._ 221. + +[437] Spencer Roane, MS. + +[438] Cited in Wirt, 380-381. + +[439] Spencer Roane, MS. + +[440] Fontaine, MS. + +[441] Fontaine, MS. + +[442] Fontaine, MS. + +[443] Bancroft, ed. 1869, vi. 416-417. + +[444] Elliot, _Debates_, iii. 455-456; 590-591. + +[445] Spencer Roane, MS. + +[446] Fontaine, MS. + +[447] J. W. Alexander, _Life of A. Alexander_, 193; Howe, _Hist. Coll. +Va._ 221. + +[448] Wirt, 402. + +[449] Fontaine, MS. + +[450] Meade, _Old Churches_, etc. ii. 12. + +[451] Wirt, 387. + +[452] Fontaine, MS. + +[453] Fontaine, MS. Also Meade, _Old Churches_, etc. ii. 12; and Wm. +Wirt Henry, MS. + +[454] MS. Certified copy. + +[455] For example, D. Stuart's letter, in _Writings of Washington_, x. +94-96; also, _Jour. Va. House Del._ for Nov. 3, 1790. + +[456] McRee, _Life of Iredell_, ii. 394-395. + +[457] _Writings of Washington_, x. 560-561. + +[458] _Writings of Washington_, x. 562-563. + +[459] _Writings of Washington_, xi. 81-82. + +[460] MS. + +[461] Lee, _Observations_, etc. 116. + +[462] Gibbs, _Administration of Washington_, etc. i. 337; see, also, +Hamilton, _Works_, vi. 114. + +[463] Jefferson, _Writings_, iv. 148. + +[464] Entire letter in Wirt, 385-387. + + + + +CHAPTER XXII + +LAST DAYS + + +The intimation given by Patrick Henry to his daughter, in the summer +of 1796, that, though he could never again engage in a public career, +he yet might be compelled by "some unlooked-for circumstance" to make +"a transient effort" for the public safety, was not put to the test +until nearly three years afterward, when it was verified in the midst +of those days in which he was suddenly to find surcease of all earthly +care and pain. + +Our story, therefore, now passes hurriedly by the year 1797,--which +saw the entrance of John Adams into the presidency, the return of +Monroe from France in great anger at the men who had recalled him, the +publication of Jefferson's letter to Mazzei, everywhere an increasing +bitterness and even violence in partisan feeling. In the same manner, +also, must we pass by the year 1798,--which saw the popular uprising +against France, the mounting of the black cockade against her, the +suspension of commercial intercourse with her, the summons to +Washington to come forth once more and lead the armies of America +against the enemy; then the moonstruck madness of the Federalists, +forcing upon the country the naturalization act, the alien acts, the +sedition act; then the Kentucky resolutions, as written by Jefferson, +declaring the acts just named to be "not law, but utterly void and of +no force," and liable, "unless arrested on the threshold," "to drive +these States into revolution and blood;" then the Virginia +resolutions, as written by Madison, denouncing the same acts as +"palpable and alarming infractions of the Constitution;" finally, the +preparations secretly making by the government of Virginia[465] for +armed resistance to the government of the United States. + +Just seven days after the passage of the Virginia resolutions, an +eminent citizen of that State appealed by letter to Patrick Henry for +some written expression of his views upon the troubled situation, with +the immediate object of aiding in the election of John Marshall, who, +having just before returned from his baffled embassy to Paris, was +then in nomination for Congress, and was encountering assaults +directed by every energy and art of the opposition. In response to +this appeal, Patrick Henry wrote, in the early part of the year 1799, +the following remarkable letter, which is of deep interest still, not +only as showing his discernment of the true nature of that crisis, but +as furnishing a complete answer to the taunt that his mental +faculties were then fallen into decay:-- + + TO ARCHIBALD BLAIR. + + RED HILL, CHARLOTTE, 8 January, 1799. + + DEAR SIR,--Your favor of the 28th of last month I have + received. Its contents are a fresh proof that there is cause + for much lamentation over the present state of things in + Virginia. It is possible that most of the individuals who + compose the contending factions are sincere, and act from + honest motives. But it is more than probable, that certain + leaders meditate a change in government. To effect this, I + see no way so practicable as dissolving the confederacy. And + I am free to own, that, in my judgment, most of the measures + lately pursued by the opposition party, directly and + certainly lead to that end. If this is not the system of the + party, they have none, and act 'ex tempore.' + + I do acknowledge that I am not capable to form a correct + judgment on the present politics of the world. The wide + extent to which the present contentions have gone will + scarcely permit any observer to see enough in detail to + enable him to form anything like a tolerable judgment on the + final result, as it may respect the nations in general. But, + as to France, I have no doubt in saying that to her it will + be calamitous. Her conduct has made it the interest of the + great family of mankind to wish the downfall of her present + government; because its existence is incompatible with that + of all others within its reach. And, whilst I see the + dangers that threaten ours from her intrigues and her arms, + I am not so much alarmed as at the apprehension of her + destroying the great pillars of all government and of social + life,--I mean virtue, morality, and religion. This is the + armor, my friend, and this alone, that renders us + invincible. These are the tactics we should study. If we + lose these, we are conquered, fallen indeed. In vain may + France show and vaunt her diplomatic skill, and brave + troops: so long as our manners and principles remain sound, + there is no danger. But believing, as I do, that these are + in danger, that infidelity in its broadest sense, under the + name of philosophy, is fast spreading, and that, under the + patronage of French manners and principles, everything that + ought to be dear to man is covertly but successfully + assailed, I feel the value of those men amongst us, who hold + out to the world the idea, that our continent is to exhibit + an originality of character; and that, instead of that + imitation and inferiority which the countries of the old + world have been in the habit of exacting from the new, we + shall maintain that high ground upon which nature has placed + us, and that Europe will alike cease to rule us and give us + modes of thinking. + + But I must stop short, or else this letter will be all + preface. These prefatory remarks, however, I thought proper + to make, as they point out the kind of character amongst our + countrymen most estimable in my eyes. General Marshall and + his colleagues exhibited the American character as + respectable. France, in the period of her most triumphant + fortune, beheld them as unappalled. Her threats left them, + as she found them, mild, temperate, firm. Can it be thought + that, with these sentiments, I should utter anything tending + to prejudice General Marshall's election? Very far from it + indeed. Independently of the high gratification I felt from + his public ministry, he ever stood high in my esteem as a + private citizen. His temper and disposition were always + pleasant, his talents and integrity unquestioned. These + things are sufficient to place that gentleman far above any + competitor in the district for Congress. But, when you add + the particular information and insight which he has gained, + and is able to communicate to our public councils, it is + really astonishing that even blindness itself should + hesitate in the choice.... Tell Marshall I love him, because + he felt and acted as a republican, as an American.... I am + too old and infirm ever again to undertake public concerns. + I live much retired, amidst a multiplicity of blessings from + that Gracious Ruler of all things, to whom I owe unceasing + acknowledgments for his unmerited goodness to me; and if I + was permitted to add to the catalogue one other blessing, it + should be, that my countrymen should learn wisdom and + virtue, and in this their day to know the things that + pertain to their peace. Farewell. + + I am, dear Sir, yours, + PATRICK HENRY.[466] + +The appeal from Archibald Blair, which evoked this impressive letter, +had suggested to the old statesman no effort which could not be made +in his retirement. Before, however, he was to pass beyond the reach of +all human appeals, two others were to be addressed to him, the one by +John Adams, the other by Washington, both asking him to come forth +into the world again; the former calling for his help in averting war +with France, the latter for his help in averting the triumph of +violent and dangerous counsels at home. + +On the 25th of February, 1799, John Adams, shaking himself free of +his partisan counsellors,--all hot for war with France,--suddenly +changed the course of history by sending to the Senate the names of +these three citizens, Oliver Ellsworth, Patrick Henry, and William +Vans Murray, "to be envoys extraordinary and ministers plenipotentiary +to the French republic, with full powers to discuss and settle, by a +treaty, all controversies between the United States and France." In +his letter of the 16th of April declining the appointment, Patrick +Henry spoke of himself as having been "confined for several weeks by a +severe indisposition," and as being "still so sick as to be scarcely +able to write this." "My advanced age," he added, "and increasing +debility compel me to abandon every idea of serving my country, where +the scene of operation is far distant, and her interests call for +incessant and long continued exertion.... I cannot, however, forbear +expressing, on this occasion, the high sense I entertain of the honor +done me by the President and Senate in the appointment. And I beg you, +sir, to present me to them in terms of the most dutiful regard, +assuring them that this mark of their confidence in me, at a crisis so +eventful, is an agreeable and flattering proof of their consideration +towards me, and that nothing short of an absolute necessity could +induce me to withhold my little aid from an administration whose +ability, patriotism, and virtue deserve the gratitude and reverence of +all their fellow citizens."[467] + +Such was John Adams's appeal to Patrick Henry and its result. The +appeal to him from Washington--an appeal which he could not resist, +and which induced him, even in his extreme feebleness of body, to make +one last and noble exertion of his genius--happened in this wise. On +the 15th of January, 1799, from Mount Vernon, Washington wrote to his +friend a long letter, marked "confidential," in which he stated with +great frankness his own anxieties respecting the dangers then +threatening the country:-- + + "It would be a waste of time to attempt to bring to the view + of a person of your observation and discernment, the + endeavors of a certain party among us to disquiet the public + mind with unfounded alarms; to arraign every act of the + administration; to set the people at variance with their + government; and to embarrass all its measures. Equally + useless would it be to predict what must be the inevitable + consequences of such a policy, if it cannot be arrested. + + "Unfortunately,--and extremely do I regret it,--the State of + Virginia has taken the lead in this opposition.... It has + been said that the great mass of the citizens of this State + are well-affected, notwithstanding, to the general + government and the Union; and I am willing to believe it, + nay, do believe it. But how is this to be reconciled with + their suffrages at the elections of representatives, ... who + are men opposed to the former, and by the tendency of their + measures would destroy the latter?... One of the reasons + assigned is, that the most respectable and best qualified + characters among us will not come forward.... But, at such a + crisis as this, when everything dear and valuable to us is + assailed; when this party hangs upon the wheels of + government as a dead weight, opposing every measure that is + calculated for defence and self-preservation, abetting the + nefarious views of another nation upon our rights; ... when + measures are systematically and pertinaciously pursued, + which must eventually dissolve the Union, or produce + coercion; I say, when these things have become so obvious, + ought characters who are best able to rescue their country + from the pending evil, to remain at home? Rather ought they + not to come forward, and by their talents and influence + stand in the breach which such conduct has made on the peace + and happiness of this country, and oppose the widening of + it?... + + "I come, now, my good Sir, to the object of my letter, which + is to express a hope and an earnest wish, that you will come + forward at the ensuing elections (if not for Congress, which + you may think would take you too long from home), as a + candidate for representative in the General Assembly of this + Commonwealth. + + "There are, I have no doubt, very many sensible men who + oppose themselves to the torrent that carries away others + who had rather swim with, than stem it without an able pilot + to conduct them; but these are neither old in legislation, + nor well known in the community. Your weight of character + and influence in the House of Representatives would be a + bulwark against such dangerous sentiments as are delivered + there at present. It would be a rallying point for the + timid, and an attraction of the wavering. In a word, I + conceive it to be of immense importance at this crisis, that + you should be there; and I would fain hope that all minor + considerations will be made to yield to the measure."[468] + +There can be little doubt that it was this solemn invocation on the +part of Washington which induced the old statesman, on whom Death had +already begun to lay his icy hands, to come forth from the solitude in +which he had been so long buried, and offer himself for the suffrages +of his neighbors, as their representative in the next House of +Delegates, there to give check, if possible, to the men who seemed to +be hurrying Virginia upon violent courses, and the republic into civil +war. Accordingly, before the day for the usual March[469] court in +Charlotte, the word went out through all that country that old Patrick +Henry, whose wondrous voice in public no man had heard for those many +years, who had indeed been almost numbered among the dead ones of +their heroic days foregone, was to appear before all the people once +more, and speak to them as in the former time, and give to them his +counsel amid those thickening dangers which alone could have drawn him +forth from the very borders of the grave. + +When the morning of that day came, from all the region thereabout the +people began to stream toward the place where the orator was to speak. +So widespread was the desire to hear him that even the college in the +next county--the college of Hampden-Sidney--suspended its work for +that day, and thus enabled all its members, the president himself, the +professors, and the students, to hurry over to Charlotte court-house. +One of those students, John Miller, of South Carolina, according to an +account said to have been given by him in conversation forty years +afterward, having with his companions reached the town,-- + + "and having learned that the great orator would speak in the + porch of a tavern fronting the large court-green, ... pushed + his way through the gathering crowd, and secured the + pedestal of a pillar, where he stood within eight feet of + him. He was very infirm, and seated in a chair conversing + with some old friends, waiting for the assembling of the + immense multitudes who were pouring in from all the + surrounding country to hear him. At length he arose with + difficulty, and stood somewhat bowed with age and weakness. + His face was almost colorless. His countenance was careworn; + and when he commenced his exordium, his voice was slightly + cracked and tremulous. But in a few moments a wonderful + transformation of the whole man occurred, as he warmed with + his theme. He stood erect; his eye beamed with a light that + was almost supernatural; his features glowed with the hue + and fire of youth; and his voice rang clear and melodious + with the intonations of some grand musical instrument whose + notes filled the area, and fell distinctly and delightfully + upon the ears of the most distant of the thousands gathered + before him."[470] + +As regards the substance of the speech then made, it will not be safe +for us to confide very much in the supposed recollections of old men +who heard it when they were young. Upon the whole, probably, the most +trustworthy outline of it now to be had is that of a gentleman who +declares that he wrote down his recollections of the speech not long +after its delivery. According to this account, Patrick Henry-- + + "told them that the late proceedings of the Virginian + Assembly had filled him with apprehensions and alarm; that + they had planted thorns upon his pillow; that they had drawn + him from that happy retirement which it had pleased a + bountiful Providence to bestow, and in which he had hoped to + pass, in quiet, the remainder of his days; that the State + had quitted the sphere in which she had been placed by the + Constitution, and, in daring to pronounce upon the validity + of federal laws, had gone out of her jurisdiction in a + manner not warranted by any authority, and in the highest + degree alarming to every considerate man; that such + opposition, on the part of Virginia, to the acts of the + general government, must beget their enforcement by military + power; that this would probably produce civil war, civil war + foreign alliances, and that foreign alliances must + necessarily end in subjugation to the powers called in. He + conjured the people to pause and consider well, before they + rushed into such a desperate condition, from which there + could be no retreat. He painted to their imaginations + Washington, at the head of a numerous and well-appointed + army, inflicting upon them military execution. 'And where,' + he asked, 'are our resources to meet such a conflict? Where + is the citizen of America who will dare to lift his hand + against the father of his country?' A drunken man in the + crowd threw up his arm, and exclaimed that he dared to do + it. 'No,' answered Mr. Henry, rising aloft in all his + majesty, 'you dare not do it: in such a parricidal attempt, + the steel would drop from your nerveless arm!' ... Mr. + Henry, proceeding in his address to the people, asked + whether the county of Charlotte would have any authority to + dispute an obedience to the laws of Virginia; and he + pronounced Virginia to be to the Union what the county of + Charlotte was to her. Having denied the right of a State to + decide upon the constitutionality of federal laws, he added, + that perhaps it might be necessary to say something of the + merits of the laws in question.[471] His private opinion was + that they were good and proper. But whatever might be their + merits, it belonged to the people, who held the reins over + the head of Congress, and to them alone, to say whether they + were acceptable or otherwise to Virginians; and that this + must be done by way of petition; that Congress were as much + our representatives as the Assembly, and had as good a right + to our confidence. He had seen with regret the unlimited + power over the purse and sword consigned to the general + government; but ... he had been overruled, and it was now + necessary to submit to the constitutional exercise of that + power. 'If,' said he, 'I am asked what is to be done, when a + people feel themselves intolerably oppressed, my answer is + ready,--Overturn the government. But do not, I beseech you, + carry matters to this length without provocation. Wait at + least until some infringement is made upon your rights, and + which cannot otherwise be redressed; for if ever you recur + to another change, you may bid adieu forever to + representative government. You can never exchange the + present government but for a monarchy.... Let us preserve + our strength for the French, the English, the Germans, or + whoever else shall dare to invade our territory, and not + exhaust it in civil commotions and intestine wars.' He + concluded by declaring his design to exert himself in the + endeavor to allay the heart-burnings and jealousies which + had been fomented in the state legislature; and he fervently + prayed, if he was deemed unworthy to effect it, that it + might be reserved to some other and abler hand to extend + this blessing over the community."[472] + +The outline thus given may be inaccurate in several particulars: it is +known to be so in one. Respecting the alien and sedition acts, the +orator expressed no opinion at all;[473] but accepting them as the law +of the land, he counselled moderation, forbearance, and the use of +constitutional means of redress. Than that whole effort, as has been +said by a recent and a sagacious historian, "nothing in his life was +nobler."[474] + +Upon the conclusion of the old man's speech the stand was taken by a +very young man, John Randolph of Roanoke, who undertook to address the +crowd, offering himself to them as a candidate for Congress, but on +behalf of the party then opposed to Patrick Henry. By reason of +weariness, no doubt, the latter did not remain upon the platform; but +having "requested a friend to report to him anything which might +require an answer," he stepped back into the tavern. "Randolph began +by saying that he had admired that man more than any on whom the sun +had shone, but that now he was constrained to differ from him '_toto +coelo_.'" Whatever else Randolph may have said in his speech, whether +important or otherwise, was spoken under the disadvantage of a cold +and a hoarseness so severe as to render him scarcely able to "utter an +audible sentence." Furthermore, Patrick Henry "made no reply, nor did +he again present himself to the people."[475] There is, however, a +tradition, not improbable, that when Randolph had finished his speech, +and had come back into the room where the aged statesman was resting, +the latter, taking him gently by the hand, said to him, with great +kindness: "Young man, you call me father. Then, my son, I have +something to say unto thee: keep justice, keep truth,--and you will +live to think differently." + +As a result of the poll, Patrick Henry was, by a great majority, +elected to the House of Delegates. But his political enemies, who, for +sufficient reasons, greatly dreaded his appearance upon that scene of +his ancient domination, were never any more to be embarrassed by his +presence there. For, truly, they who, on that March day, at Charlotte +court-house, had heard Patrick Henry, "had heard an immortal orator +who would never speak again."[476] He seems to have gone thence to his +home, and never to have left it. About the middle of the next month, +being too sick to write many words, he lifted himself up in bed long +enough to tell the secretary of state that he could not go on the +mission to France, and to send his dying blessing to his old friend, +the President. Early in June, his eldest daughter, Martha Fontaine, +living at a distance of two days' travel from Red Hill, received from +him a letter beginning with these words: "Dear Patsy, I am very +unwell, and have Dr. Cabell with me."[477] Upon this alarming news, +she and others of his kindred in that neighborhood made all haste to +go to him. On arriving at Red Hill "they found him sitting in a large, +old-fashioned armchair, in which he was easier than upon a bed." The +disease of which he was dying was intussusception. On the 6th of June, +all other remedies having failed, Dr. Cabell proceeded to administer +to him a dose of liquid mercury. Taking the vial in his hand, and +looking at it for a moment, the dying man said: "I suppose, doctor, +this is your last resort?" The doctor replied: "I am sorry to say, +governor, that it is. Acute inflammation of the intestine has already +taken place; and unless it is removed, mortification will ensue, if it +has not already commenced, which I fear." "What will be the effect of +this medicine?" said the old man. "It will give you immediate relief, +or"--the kind-hearted doctor could not finish the sentence. His +patient took up the word: "You mean, doctor, that it will give relief, +or will prove fatal immediately?" The doctor answered: "You can only +live a very short time without it, and it may possibly relieve you." +Then Patrick Henry said, "Excuse me, doctor, for a few minutes;" and +drawing down over his eyes a silken cap which he usually wore, and +still holding the vial in his hand, he prayed, in clear words, a +simple childlike prayer, for his family, for his country, and for his +own soul then in the presence of death. Afterward, in perfect +calmness, he swallowed the medicine. Meanwhile, Dr. Cabell, who +greatly loved him, went out upon the lawn, and in his grief threw +himself down upon the earth under one of the trees, weeping bitterly. +Soon, when he had sufficiently mastered himself, the doctor came back +to his patient, whom he found calmly watching the congealing of the +blood under his finger-nails, and speaking words of love and peace to +his family, who were weeping around his chair. Among other things, he +told them that he was thankful for that goodness of God, which, having +blessed him through all his life, was then permitting him to die +without any pain. Finally, fixing his eyes with much tenderness on his +dear friend, Dr. Cabell, with whom he had formerly held many arguments +respecting the Christian religion, he asked the doctor to observe how +great a reality and benefit that religion was to a man about to die. +And after Patrick Henry had spoken to his beloved physician these few +words in praise of something which, having never failed him in all his +life before, did not then fail him in his very last need of it, he +continued to breathe very softly for some moments; after which they +who were looking upon him saw that his life had departed. + + +FOOTNOTES: + +[465] Henry Adams, _Life of J. Randolph,_ 27-28. + +[466] _Writings of Washington_, xi. 557-559. + +[467] _Works of John Adams_, ix. 162; viii. 641-642. + +[468] _Writings of Washington_, xi. 387-391. + +[469] Garland, _Life of John Randolph_, 130. + +[470] Fontaine, MS. + +[471] The alien and sedition acts. + +[472] Wirt, 393-395. + +[473] _Hist. Mag._ for 1873, 353. + +[474] Henry Adams, _John Randolph_, 29. + +[475] J. W. Alexander, _Life of A. Alexander_, 188-189. About this +whole scene have gathered many myths, of which several first appeared +in a Life of Henry, in the _New Edinb. Encycl._ 1817; were thence +copied into Howe, _Hist. Coll. Va._ 224-225; and have thence been +engulfed in that rich mass of unwhipped hyperboles and of unexploded +fables still patriotically swallowed by the American public as +American history. + +[476] Henry Adams. + +[477] Fontaine, MS. + + + + +LIST OF PRINTED DOCUMENTS + +CITED IN THIS BOOK, WITH TITLES, PLACES, AND DATES OF THE EDITIONS +USED. + + + ADAMS, CHARLES FRANCIS. (See John Adams.) + + ADAMS, HENRY, The Life of Albert Gallatin. Philadelphia: 1880. + + ADAMS, HENRY, John Randolph. Am. Statesmen Series. Boston: 1882. + + ADAMS, JOHN. (See Novanglus, etc.) + + ADAMS, JOHN, Letters of, Addressed to his Wife. Ed. by Charles + Francis Adams. 2 vols. Boston: 1841. + + ADAMS, JOHN, The Works of. Ed. by Charles Francis Adams. 10 vols. + Boston: 1856. + + ADAMS, SAMUEL, Life of. (See Wm. V. Wells.) + + ALEXANDER, JAMES W., The Life of Archibald Alexander. New York: + 1854. + + American Archives. (Peter Force.) 9 vols. Washington: 1837-1853. + + The American Quarterly Review. Vol. i. Philadelphia: 1827. + + BANCROFT, GEORGE, History of the United States. 10 vols. Boston: + 1870-1874. + + BANCROFT, GEORGE, History of the United States. The Author's Last + Revision. 6 vols. New York: 1883-1885. + + BANCROFT, GEORGE, History of the Formation of the Constitution of + the United States of America. 2 vols. New York: 1882. + + BLAND, RICHARD, A Letter to the Clergy of Virginia, n. p. 1760. + + BROUGHAM, HENRY, LORD, The Life and Times of, Written by himself. 3 + vols. New York: 1871. + + BURK, JOHN (DALY), The History of Virginia. 4 vols. Petersburg: + 1804-1816. Last volume by Skelton Jones and Louis Hue Girardin. + + BYRD, WILLIAM, Byrd Manuscripts. 2 vols. Richmond: 1866. + + Calendar of Virginia State Papers. Vol. ii. Richmond: 1881. + + CAMPBELL, CHARLES, The Bland Papers: Being a Selection from the + Manuscripts of Colonel Theodorick Bland, Jr. 2 vols. Petersburg: + 1840. + + CAMPBELL, CHARLES, History of the Colony and Ancient Dominion of + Virginia. Philadelphia: 1860. + + Collections of the Connecticut Historical Society. Vol. ii. + Hartford: 1870. + + Colonel George Rogers Clark's Sketch of his Campaign in the Illinois + in 1778-79. Cincinnati: 1869. + + COOKE, JOHN ESTEN, Virginia: A History of the People. (Commonwealth + Series.) Boston: 1884. + + COOLEY, THOMAS M. (See Joseph Story.) + + Correspondence of the American Revolution. Edited by Jared Sparks. 4 + vols. Boston: 1853. + + CURTIS, B. R., Reports of Decisions in the Supreme Court of the + United States. Boston: 1855. + + CURTIS, GEORGE TICKNOR, History of the Origin, Formation, and + Adoption of the Constitution of the United States. 2 vols. + London and New York: 1854, 1858. + + CURTIS, GEORGE TICKNOR, Life of Daniel Webster. New York: 1872. + + DE COSTA, B. F. (See William White.) + + DICKINSON, JOHN, The Political Writings of. 2 vols. Wilmington: + 1801. + + ELLIOT, JONATHAN, The Debates in the Several State Conventions, on + the adoption of the Federal Constitution, etc. 5 vols. + Philadelphia: 1876. + + EVERETT, ALEXANDER H., Life of Patrick Henry. In Sparks's Library of + Am. Biography. 2d series, vol. i. Boston: 1844. + + FROTHINGHAM, RICHARD, The Rise of the Republic of the United States. + Boston: 1872. + + GALES, JOSEPH, The Debates and Proceedings in the Congress of the + United States. 2 vols. Washington: 1834. + + GALLATIN, ALBERT. (See Henry Adams.) + + GARLAND, HUGH A., The Life of John Randolph of Roanoke. 2 vols. New + York: 1860. + + GIBBS, GEORGE, Memoirs of the Administrations of Washington and John + Adams, edited from the Papers of Oliver Wolcott. New York: + 1846. + + GIRARDIN, LOUIS HUE. (See John Burk.) + + GORDON, WILLIAM, History of the Rise, Progress, and Establishment of + the Independence of the United States of America; including an + account of the Late War, and of the Thirteen Colonies from their + origin to that period. 3 vols. New York: 1789. + + GRIGSBY, HUGH BLAIR, The Virginia Convention of 1776. Richmond: + 1855. + + HAMILTON, ALEXANDER, Works of. Edited by John C. Hamilton. 7 vols. + New York: 1850-1851. + + HANSARD, T. C., The Parliamentary History of England. Vol. xviii. + London: 1813. + + HAWKS, FRANCIS L., Contributions to the Ecclesiastical History of + the United States of America. Vol. i. New York: 1836. + + HENING, WILLIAM WALLER, The Statutes at Large: Being a Collection of + all the Laws of Virginia. 13 vols. Richmond, New York, and + Philadelphia: 1819-1823. + + HENRY, PATRICK, Life of. (See Wirt, William, and Everett, Alexander + H.) + + HENRY, WILLIAM WIRT, Character and Public Career of Patrick Henry. + Pamphlet. Charlotte Court-house, Va.: 1867. + + HENRY, WILLIAM WIRT, Patrick Henry: Life, Correspondence, and + Speeches. 3 vols. New York: 1891. + + HERRING, JAMES. (See National Portrait Gallery.) + + HILDRETH, RICHARD, The History of the United States of America. 6 + vols. New York: 1871-1874. + + The Historical Magazine, and Notes and Queries Concerning the + Antiquities, History, and Biography of America. (Henry B. + Dawson.) Vol. ii. 2d series, and vol. ii. 3d series. Morrisania: + 1867 and 1873. + + HOWE, HENRY, Historical Collections of Virginia. Charleston: 1845. + + HOWISON, ROBERT R., A History of Virginia. Vol. i. Philadelphia: + 1846. Vol. ii. Richmond, New York, and London: 1848. + + IREDELL, JAMES, Life of. (See McRee, G. J.) + + JAY, WILLIAM, The Life of John Jay. 2 vols. New York: 1833. + + JEFFERSON, THOMAS, Notes on the State of Virginia. Philadelphia: + 1825. + + JEFFERSON, THOMAS, The Writings of. Ed. by H. A. Washington. 9 vols. + New York: 1853-1854. + + JEFFERSON, THOMAS, Life of. (See H. S. Randall.) + + JONES, SKELTON. (See John Burk.) + + Journal of the House of Delegates of the Commonwealth of Virginia. + (From 1777 to 1790.) 3 vols. Richmond: 1827-1828. + + KENNEDY, JOHN P., Memoirs of the Life of William Wirt. 2 vols. + Philadelphia: 1850. + + LAMB, GENERAL JOHN, Memoir of. (See Leake, Isaac Q.) + + LAMB, MARTHA J. (See Magazine of American History.) + + LEAKE, ISAAC Q., Memoir of the Life and Times of General John Lamb. + Albany: 1850. + + LEE, CHARLES CARTER. (See Lee, Henry, Observations, etc.) + + LEE, HENRY, Observations on the Writings of Thomas Jefferson, with + Particular Reference to the Attack they contain on the Memory of + the late Gen. Henry Lee. In a series of Letters. Second ed., + with an Introduction and Notes by Charles Carter Lee. + Philadelphia: 1839. + + LEE, RICHARD HENRY. (See Richard Henry Lee, 2d.) + + LEE, RICHARD HENRY, 2d, Memoir of the Life of Richard Henry Lee. 2 + vols. Philadelphia: 1825. + + LEE, RICHARD HENRY, 2d, Life of Arthur Lee, LL. D. 2 vols. Boston: + 1829. + + LEONARD, DANIEL. (See Novanglus, etc.) + + LONGACRE, JAMES B. (See National Portrait Gallery.) + + MACKAY, CHARLES, The Founders of the American Republic. Edinburgh + and London: 1885. + + MACMASTER, JOHN BACH, History of the People of the United States. 2 + vols. New York: 1883-1885. + + MCREE, GRIFFITH J., Life and Correspondence of James Iredell. 2 + vols. New York: 1857-1858. + + MADISON, JAMES, The Papers of. 3 vols. Washington: 1840. + + MADISON, JAMES, Letters and Other Writings of. 4 vols. Philadelphia: + 1867. + + MADISON, JAMES, Life and Times of. (See William C. Rives.) + + The Magazine of American History, with Notes and Queries. Ed. by + Martha J. Lamb. Vol. xi. New York: 1884. + + MAGRUDER, ALLAN B., John Marshall. (Am. Statesmen Series.) Boston: + 1885. + + MARSHALL, JOHN, The Life of George Washington. 5 vols. + Philadelphia: 1804-1807. + + MARSHALL, JOHN. (See Magruder, Allan B.) + + MAURY, ANN, Memoirs of a Huguenot Family. New York: 1872. + + MEADE, WILLIAM, Old Churches, Ministers, and Families of Virginia. 2 + vols. Philadelphia: 1872. + + The National Portrait Gallery of Distinguished Americans, Conducted + by James B. Longacre and James Herring. 2d vol. Philadelphia, + New York, and London: 1835. + + Novanglus and Massachusettensis; or, Political Essays Published in + the years 1774 and 1775. Boston: 1819. + + PERRY, WILLIAM STEVENS, Historical Collections relating to the + American Colonial Church. Vol. i. Virginia. Hartford: 1870. + + PEYTON, J. LEWIS, History of Augusta County, Virginia. Staunton: + 1882. + + Prior Documents. A Collection of Interesting, Authentic Papers + relative to the Dispute between Great Britain and America, + Shewing the Causes and Progress of that Misunderstanding from + 1764 to 1775. (Almon.) London: 1777. + + The Proceedings of the Convention of Delegates for the Counties and + Corporations in the Colony of Virginia, Held at Richmond Town, + in the County of Henrico, on the 20th of March, 1775. Richmond: + 1816. + + RANDALL, HENRY STEPHENS, The Life of Thomas Jefferson. 3 vols. New + York: 1858. + + RANDOLPH, JOHN. (See Adams, Henry, and Garland, Hugh A.) + + REED, WILLIAM B., Life and Correspondence of Joseph Reed. 2 vols. + Philadelphia: 1847. + + RIVES, WILLIAM C., History of the Life and Times of James Madison. + Boston: Vol. i. 2d ed. 1873. Vol. ii. 1870. Vol. iii. 1868. + + ROWLAND, KATE MASON, The Life of George Mason, Including his + Speeches, Public Papers, and Correspondence, with an + Introduction by General Fitzhugh Lee. 2 vols. New York: 1892. + + SLAUGHTER, REV. PHILIP, A History of St. Mark's Parish, Culpeper + County, Virginia, n. p. 1877. + + SPARKS, JARED. (See Corr. Am. Revolution, and Washington, Writings + of.) + + STORY, JOSEPH, Commentaries of the Constitution of the United + States. Ed. by Thomas M. Cooley. 2 vols. Boston: 1873. + + TYLER, LYON G., The Letters and Times of the Tylers. 2 vols. + Richmond: 1884-1885. + + The Virginia Historical Register and Literary Note-Book. Vol. iii. + Richmond: 1850. + + Virginia State Papers, Calendar of. Vol. ii. Richmond: 1881. + + WASHINGTON, GEORGE, The Writings of; Being his Correspondence, + Addresses, Messages, and Other Papers, Official and Private; + Selected and Published from the Original Manuscripts, with a + Life of the Author, Notes, and Illustrations. Edited by Jared + Sparks. 12 vols. Boston and New York: 1834-1847. + + WASHINGTON, GEORGE, Life of. (See John Marshall.) + + WASHINGTON, H. A. (See Jefferson, Thomas, Writings of.) + + WEBSTER, DANIEL, Life of. (See Geo. Ticknor Curtis.) + + WELLS, WILLIAM V., The Life and Public Services of Samuel Adams. 3 + vols. Boston: 1865. + + WHITE, WILLIAM, Memoirs of the Protestant Episcopal Church in the + United States of America. Ed. by B. F. De Costa. New York: 1880. + + WIRT, WILLIAM, Sketches of the Life and Character of Patrick Henry. + Third ed., corrected by the Author. Philadelphia: 1818. + + WIRT, WILLIAM, Life of. (See Kennedy, John P.) + + WISE, HENRY A., Seven Decades of the Union. Philadelphia: 1872. + + + + +INDEX + + + Adams, John, on Henry's confession of illiteracy, 12; + early recognizes Henry's importance, 88; + describes enthusiasm of Virginians over oratory of Henry and Lee, 101; + describes social festivities at Philadelphia, 104-106; + in Congress asks Duane to explain motion to prepare regulations, 108; + describes Henry's first speech, 110; + debates method of voting in Congress, 110; + gives summary of Henry's speech against Galloway's plan, 116; + on committee to prepare address to the king, 117; + forms a high opinion of Henry's abilities, 124; + discusses with Henry the probability of war, 125; + on Henry's apparent profanity, 126; + has brief military aspirations, 154; + envious of military glory, 154; + on committees in second Continental Congress, 172, 175; + as likely as Henry to have been a good fighter, 188; + but unlike him in not offering, 188; + urged by Henry to advocate French alliance, 199; + on importance of Virginia's action in adopting a constitution, 201; + advocates a democratic constitution in "Thoughts on Government," 202; + praised for it by Henry, 204-206; + his complimentary reply, 206; + comments on Virginia aristocrats, 207; + his friendship with Henry, 397; + becomes president, 407; + sends French mission, 411, 412; + appoints Henry envoy to France, 412; + thanked by Henry, 412. + + Adams, Samuel, member of first Continental Congress, 108; + of the second, 173; + friendship of Henry for, 206; + unfavorable to federal Constitution, 330. + + Alexander, Rev. Archibald, of Princeton, analyzes Henry's success + as a jury lawyer, 370; + gives anecdotes of his success, 371-375. + + Alsop, John, member of second Continental Congress, 173. + + Arnold, Benedict, commands marauding expedition in Virginia, 278. + + Articles of Confederation, their weakness deplored by Henry, 305; + plans of Henry and others to strengthen, 305, 306. + + Assembly, General, of Virginia. See Legislature. + + Atherton, Joshua, opposes federal Constitution, 330. + + Atkinson, Roger, describes Virginia delegates in Continental Congress, + 102. + + Aylett, Mrs. Betsy, letter of Henry to, describing his political + opinions, in 1796, 405. + + + Baker, Counsellor, opposes Henry in British debts case, 362. + + Baptists, petition convention for religious liberty, 209; + congratulate Henry on his election as governor, 216; + his reply, 217. + + Bar of Virginia, examination for, 22-25; + its ability, 90; + leaders of, 93; + opposes, as a rule, the federal Constitution, 319; + its eminence and participation in British debts case, 360. + + Barrell, William, entertains delegates to first Continental Congress, + at his store, 106. + + Bayard, ----, entertains John Adams at first Continental Congress, 105. + + Bernard, Sir Francis, describes exciting effect of Virginia Resolves + in Boston, 82. + + Bill of Rights, the demand for in the new federal Constitution, 324, + 325, 326, 331; + secured in first ten amendments, 354, 355. + + Blair, Archibald, draws forth Henry's opinions on American foreign + policy, 409. + + Blair, John, prominent in Virginia bar, 93; + on committee to notify Henry of his election as governor, 212; + tries British debts case, 362. + + Bland, Richard, on committee to protest against Stamp Act, 66; + believes submission inevitable, 67; + opposes Henry's Virginia Resolves, 71; + loses leadership to Henry, 89; + leader of conservatives, 95; + appointed delegate to Continental Congress, 99; + described by Atkinson, 102; + by John Adams, 106; + in debate on manner of voting, 112; + opposes Henry's motion to arm militia, 137; + on committees, 152; + in convention of 1776, 190; + on committee to draft bill of rights and constitution, 200. + + Bland, Theodoric, opposes ratification of federal Constitution, 320; + presents to Congress Virginia's appeal for a new federal convention, + 354. + + Bland, Theophilus, letter of Tucker to, sneering at Henry, 269. + + Bloodworth, Timothy, of North Carolina, opposes federal Constitution, + 330. + + Boston Port Bill, its day of going into operation made a public fast + day by Virginia Assembly, 97. + + Boyce, Captain, asks Washington, through Henry, for a letter, 301. + + Braxton, Carter, wishes an aristocratic state constitution in Virginia, + 201; + recommends a pamphlet in favor of such a government, 203, 206; + condemned by Henry, 204, 206. + + Breckenridge, ----, against Henry in murder trial, 376. + + British debts case, cause for the action, 359, 360; + question at issue, did treaty of 1783 override a Virginia sequestration + act, 360; + the counsel, 360; + Henry's preparation for, 361, 362; + first trial and Henry's speech, 362-364; + intense popular interest, 363; + second trial before Chief Justice Jay and Justice Iredell, 364-367; + comparison of Henry's and Marshall's pleas, 366; + Iredell's opinion, 367. + + Brougham, Lord, third cousin of Patrick Henry, 3; + resemblance between the two orators, 3, 4. + + Burgesses, House of. See Legislature of Virginia. + + Burgoyne, John, his campaign and capture, 240. + + Burke, Aedanus, opposed to federal Constitution, 330. + + Butler, Bishop Joseph, his "Analogy" Henry's favorite book, 20, 391; + an edition printed and distributed by Henry to counteract skepticism, + 394. + + Byrd, William, of Westover, describes Sarah Syme, Henry's mother, 1, 2. + + + Cabell, Dr. George, Henry's physician in his last illness, 421, 422. + + Cadwallader, John, entertains John Adams at first Continental Congress, + 105. + + Campbell, Alexander, with Henry in British debts case, 360. + + Carrington, Clement, son of Paul, explains Henry's military defect to + be lack of discipline, 187. + + Carrington, Edward, on Henry's desire for disunion in 1788, 317. + + Carrington, Paul, friendly with Henry at time of Virginia Resolutions, + 74; + on committee of convention to frame Constitution, 200. + + Carrington, Paul, Jr., opposes Henry in a murder case, 372, 373. + + Carter, Charles, of Stafford, on committee of Virginia convention, 152. + + Carter, Landon, on committee to prepare remonstrances against Stamp Act, + 66; + deplores to Washington the number of inexperienced men in Virginia + convention of 1776, 191; + writes to Washington sneering at Henry's military preparations, 222, + 223. + + Cary, Archibald, on committee of Virginia convention, 152; + in convention of 1776, 190; + on committee to draft constitution and bill of rights, 200; + reports plan to the convention, 210; + his reported threat to kill Henry if he should be made dictator, 226; + another version, 234. + + Chase, Samuel, member of first Continental Congress, 108; + overwhelmed at first by Lee's and Henry's oratory, 119; + later discovers them to be mere men, 119; + opposed to federal Constitution, 330. + + Chatham, Lord, praises state papers of first Continental Congress, 117; + his death, 240. + + Christian, William, on committee for arming Virginia militia, 151; + with Henry in flight from Tarleton, 281, 282. + + Clapham, Josias, on committee of Virginia convention, 152. + + Clark, George Rogers, sent by Henry to punish Northwestern Indians, 258; + success of his expedition described by Henry, 258-260, 263. + + Clergy of Virginia, paid in tobacco by colony, 37; + their sufferings from fluctuations in its value, 38; + their salaries cut down by Option Laws, 40, 41; + apply in vain to governor, 43; + appeal to England, 44; + bring suits to secure damages, 44. + See Parsons' Cause. + + Clinton, George, opposes federal Constitution, 330; + his letter answered by Henry, 353. + + Collier, Sir George, commands British fleet which ravages Virginia, 257, + 264, 267. + + Collins, ----, calls on John Adams, 105. + + Committee of Correspondence, established, 96. + + Committee of Safety, of Virginia, given control of Virginia militia, 177; + ignores Henry's nominal command, and keeps him from serving in field, + 180, 181; + causes for its action, 184-187. + + Congress, Continental, called for by Virginia Burgesses, 98; + delegates elected to in Virginia, 99; + members of described, 101-108; + convivialities attending session, 104-106; + holds first meeting and plans organization, 107-111; + debates method of voting, 108, 111-113; + elects a president and secretary, 107, 108; + resolves to vote by colonies, 113; + appoints committee to state grievances, and others, 113, 114; + absence of reports of its action, 114; + debates and rejects Galloway's plan of union, 115, 116; + discusses non-importation, 117; + appoints committees to draft state papers, 117, 118; + rejects Lee's draft of address to king, 118; + mythical account of proceedings in by Wirt, 119-122; + fails, according to Adams, to appreciate dangers of situation, 124; + warns people to be prepared for war, 129; + selects Washington for commander-in-chief, 152, 153; + second Congress convenes in 1775, 166; + its proceedings secret and reports meagre, 168, 171-172; + question as to Henry's behavior in, 168-170; + the important questions decided by it, 170, 171; + committees in, 172-175; + adjourns, 176; + decides to adopt Virginia troops, 181; + sends Henry a colonel's commission, 181; + urged by Virginia to declare independence, 197; + flies from Philadelphia, 230; + cabal in against Washington, 242-250; + reports of Henry to, concerning sending militia south, 260-262; + and concerning Matthews' invasion, 264-266. + + Congress of the United States, reluctantly led by Madison to propose + first ten amendments, 354-355. + + Connecticut, prepares for war, 131, 133. + + Constitution of the United States, convention for forming it called, 309; + opposition to in South for fear of unfriendly action of Northern + States, 309-311; + refusal of Henry to attend convention, 310-312; + formed by the convention, 313; + its adoption urged upon Henry by Washington, 313; + struggle over its ratification in Virginia, 314-338; + at outset favored by majority in Virginia, 315; + campaign of Henry, Mason, and others against, 316, 317; + opposed by Virginia bar and bench, 319; + struggles in the convention, 320-338; + Henry's objections to, 322-330; + policy of opposition to work for amendments, 330; + ratified by convention with reservation of sovereignty, 331, 332; + obedience to it promised by Henry for his party, 332, 333; + struggle for amendments, 339-356; + difficulties in amending, 339, 340; + doubts expressed by Henry of its possibility, 341; + organization of a party to agitate for amendments, 341-345; + Virginia demands a new convention, 347-350; + twelve amendments proposed by Congress, 354; + this action probably due to Virginia's demands, 355, 356. + + Constitution of Virginia, its adoption, 200-211; + its democratic character, 211. + + Convention of Virginia. See Legislature. + + Conway, General Thomas, praised in anonymous letter to Henry, 244; + his cabal against Washington, 250. + + Conway cabal, its origin, 242; + attempts to prejudice Henry against Washington, 243-246; + explained by Washington to Henry, 248-250; + supposed connection of R. H. Lee with, discredits him in Virginia, + 252, 253. + + Cootes, ----, of James River, laments Henry's treasonable speech in + Parsons' Cause, 58, 59. + + Corbin, Francis, favors ratification of federal Constitution, 320. + + Corbin, Richard, on Dunmore's order pays for gunpowder, 161. + + Cornwallis, Lord, defeats Greene at Guilford, 278; + invades Virginia, 279; + sends Tarleton to capture the legislature, 279. + + Cushing, Thomas, member of second Continental Congress, 174. + + Custis, John, informs Henry of Conway cabal, 247. + + + Dandridge, Bartholomew, on committee to notify Henry of his election as + governor, 212. + + Dandridge, Dorothea, second wife of Patrick Henry, 241; + on his religious habits, 392. + + Dandridge, Colonel Nathan, Jefferson meets Henry at house of, 8. + + Dandridge, Nathaniel West, contests seat of Littlepage, 61; + employs Henry as counsel, 61. + + Davies, William, letter to concerning dictatorship in 1781, 286. + + Dawson, John, assists Henry in debate on ratifying federal Constitution, + 320. + + Deane, Silas, describes Southern delegates to first Continental Congress, + especially Patrick Henry, 114, 115; + on committees of second Continental Congress, 173, 174. + + Democratic party, disliked by Henry for its French sympathies, 397; + its attempt in Congress to block Jay treaty condemned by Henry, 405; + its subserviency to France and defiance of government denounced by + Henry, 409. + + Dickinson, John, meets John Adams at first Continental Congress, 105, + 106; + on committee to prepare address to the king, 117; + prepares final draft of address, 118; + thinks war inevitable, 130. + + Dictatorship, supposed projects for in Virginia during Revolution in + 1776, 223-235; + in 1781, 285-287; + real meaning of term in those years, 227-229. + + Digges, Dudley, in Virginia convention of 1776, 190; + on committee to draft bill of rights and constitution, 200; + on committee to notify Henry of his election as governor, 212. + + Dresser, Rev. Charles, on Henry's religious habits, 392. + + Duane, James, member of first Continental Congress, 108; + moves a committee to prepare regulations for voting, 108; + favors Galloway's plan of home rule, 115; + on committee of second Continental Congress, 172. + + Dunmore, Lord, dissolves House of Burgesses for protesting against + Boston Port Bill, 97; + makes a campaign against Indians, 131; + reports to home government the military preparations of Virginia, 133; + sends force to seize gunpowder, 156; + alarmed at advance of Henry's force, 160; + offers to pay for gunpowder, 160; + issues a proclamation against Henry, 162, 163; + suspected of intention to arrest him, 166; + describes to General Howe his operations against rebels, 178, 179; + his palace occupied by Henry, 214. + + + Education in Virginia, 5. + + Ellsworth, Oliver, appointed envoy to France, 412. + + Episcopal Church, established in Virginia, 37; + its increasing unpopularity, 43, 57; + virtually disestablished by declaration of rights, 209; + its incorporation proposed by Henry, 294; + Henry a member of, 391, 392. + + + Fauquier, Governor Francis, condemns Henry's speech against the Stamp + Act, 86. + + Federalist party, at first viewed with suspicion by Henry, 397; + later sympathized with by him, 398, 399; + sincerity of its leaders in offering Henry office questioned by + Jefferson, 404; + its folly in passing alien and sedition acts, 408. + + Fleming, John, Henry's assistant in introducing the Virginia Resolves, + 69. + + Fontaine, Edward, gives Roane's description of Henry's speech for + organizing militia, 146, 150. + + Fontaine, Mrs. Martha, with Henry in last illness, 421. + + Fontaine, Colonel Patrick Henry, statement as to Henry's classical + training, 15; + finds his examinations rigorous, 16; + tells story of his grandfather's conversation in Latin with a French + visitor, 16, 17; + describes his grandfather's preparation in British debts case, 361; + describes his abstemiousness, 386. + + Ford, John, defended by Henry in a murder case, 374, 375. + + France, alliance with desired by Henry as preliminary to declaring + independence, 194, 198, 199; + discussed by Charles Lee, 195; + adherence to, advocated strongly by Henry, 254, 255; + infidelity of, combated by Henry, 393; + its quarrel with United States during Adams's administration, 407-412; + its conduct toward Marshall, Pinckney, and Gerry condemned by Henry, + 409, 410; + commission to, nominated by Adams, 412. + + Franklin, Benjamin, on committee with Henry in second Continental + Congress, 174, 175. + + Frazer, ----, recommended to Washington by Henry, 175. + + Free trade, advocated by Henry, 291, 292. + + French Revolution, effect of its excesses on Henry and others, 398; + its infidelity condemned by Henry, 409. + + + Gadsden, Christopher, at Continental Congress, meets John Adams, 104, + 105; + a member of Congress, 108; + in debate on manner of voting, 112; + on gunpowder committee of second Continental Congress, 175. + + Gage, General Thomas, describes the exciting effect of the Virginia + Resolves over the continent, 82. + + Gallatin, Albert, his alleged Latin conversation with Henry, 16, 17. + + Galloway, Joseph, meets John Adams at first Continental Congress, 105; + a member of it, 108; + offers plan of reconciliation with England, 115; + its close approach to success, 115. + + Gardoqui, ----, Spanish envoy, negotiates with Jay respecting navigation + of the Mississippi, 307, 308. + + Gates, General Horatio, cabal to place him in supreme command, 242, 250; + praised in anonymous letter to Henry, 244; + consoled after battle of Camden by Virginia Assembly 277. + + Genet, Edmond Charles, upheld by Jefferson and Madison, 397. + + Gerry, Elbridge, opposes adoption of federal Constitution, 330. + + Gerrymandering, employed in 1788 against Madison in Virginia, 351, 352. + + Girardin, Louis Hue, in his continuation of Burk's "History of Virginia," + written under Jefferson's supervision, accuses Henry of plan to + establish a dictatorship in 1776, 225; + says the same for the year 1781, 285. + + Gordon, Rev. William, describes circulation of the Virginia resolutions + in the Northern colonies, 80. + + Grayson, William, opposes ratification of federal Constitution, 320; + assists Henry in debate, 320; + elected senator at Henry's dictation, 350, 353. + + Greene, General Nathanael, beaten at Guilford, 278; + considered as possible dictator in 1781, 286. + + Griffin, Judge Cyrus, tries British debts case, 362, 364. + + Grigsby, Hugh Blair, considers Wirt's version of Henry's speech for + arming militia apocryphal, 149; + but admits that outline is authentic, 150; + reports statement of Clement Carrington regarding Henry's military + failings, 187; + on the injustice of Henry's treatment, 188. + + + Hamilton, Alexander, urges magnanimous treatment of Tories, 289; + letter of Madison to, warning of Henry's intention to defeat operation + of Constitution, 344; + his financial schemes disapproved by Henry, 397. + + Hamilton, Colonel Henry, governor of Detroit, 259. + + Hampden-Sidney College, 16; + suspends work to hear Henry's last speech, 415. + + Hancock, John, his military aspirations, 153, 154; + doubtful about federal Constitution, 330. + + Hardwicke, Lord, declares Virginia option law invalid, 44. + + Harrison, Benjamin, on committee to remonstrate against Stamp Act, 66; + appointed delegate to Continental Congress, 99; + described by John Adams, 106; + opposes Henry's motion in Virginia convention to organize militia, 137; + on committee to arm militia, 151; + on other committees, 152; + returns to Virginia convention, 176; + his flight from Tarleton, 281, 282; + denounces Constitution as dangerous, 319, 322; + assists Henry in debate, 320. + + Harvey, "Butterwood Tom," his evidence assailed by Henry in a murder + trial, 374, 375. + + Hawley, Joseph, his letter prophesying war read by John Adams to Henry, + 125. + + Henry, David, manager of "Gentleman's Magazine," kinsman of Henry, 3. + + Henry, John, marries Sarah Syme, 2; + father of Patrick Henry, 2; + his education and character, 2, 3; + distinguished Scotch relatives, 3; + educates his son, 6, 13; + sets him up in trade, 6; + after his failure and marriage establishes him on a farm, 7; + hears his son's speech in Parsons' Cause, 49, 50. + + Henry, Patrick, his birth, 2; + ancestry and relatives, 2-5; + education, 5, 6; + apprenticed at fifteen to a tradesman, 6; + fails in business with his brother, 6; + marries Sarah Skelton, 7; + established as planter by relative and fails, 7; + again tries store-keeping and fails, 8; + not cast down by embarrassments, 8, 9; + decides to study law, 9; + discussion of his alleged illiteracy, 10-19; + his pronunciation, 10, 11; + habits of self-depreciation, 11, 12; + his teachers, 13, 15; + knowledge of Latin and Greek, 13, 15; + mastery of language, 13; + signs of culture in his letters, 14; + anecdotes illustrating his knowledge of Latin, 16, 17; + his taste for reading, 18; + fondness for history, 19; + liking for Butler's "Analogy" and the Bible, 20; + his natural qualifications for the law, 21; + studies law, 22; + goes to Williamsburg to be examined, 22; + Jefferson's stories of his difficulties in passing examination, 23; + his own statement, 24, 25; + returns to Hanover to practice law, 25; + lives in his father-in-law's tavern, 26; + not a "barkeeper," 26; + not dependent on his father-in-law, 27; + stories of his lack of practice, 27; + their falsity shown by record of his numerous cases, 27, 28; + statements by Wirt and Jefferson as to his ignorance, 29, 30; + their impossibility, 31, 32, 34; + proof of technical character of his practice, 32; + his legal genius, 34; + becomes celebrated through "Parsons' Cause," 36; + undertakes to defend vestrymen in suit for damages, 46; + insists on acceptance of a jury of common people, 47; + description of his speech by Wirt, 49-52; + its overwhelming effect, 51, 52; + description by Maury, 53, 54; + denies royal authority to annul colonial laws, 54; + apologizes to Maury, 55, 57; + not really an enemy of the clergy, 56, 57; + his geniality, 58; + popularity with the masses in Virginia, 59; + gains great reputation and increased practice, 60; + goes to Williamsburg as counsel in contested election case, 60; + despised by committee on account of appearance, 61; + his speech, 61. + _Member of Virginia Legislature._ + Elected representative from Louisa County, 62; + attacks in his first speech a project for a corrupt loan office, 64; + introduces resolutions against Stamp Act, 69; + his fiery speeches in their behalf, 72, 73; + after their passage leaves for home, 74; + neglects to preserve records of his career, 77; + the exception his care to record authorship of Virginia resolutions, + 78; + leaves a sealed account together with his will, 83, 84, 85; + doubts as to his authorship, 84, note; + condemned in Virginia by the officials, 86; + denounced by Governor Fauquier, 86; + and by Commissary Robinson, 86, 87; + begins to be known in other colonies, 88; + gains immediate popularity in Virginia, 88, 89; + becomes political leader, 90; + his large law practice, 91, 92; + buys an estate, 91; + his great success in admiralty case, 93; + succeeds to practice of R. C. Nicholas, 93, 94; + evidence of high legal attainments, 94; + leads radical party in politics, 95; + his great activity, 96; + member of Committee of Correspondence, 96; + leads deliberations of Burgesses over Boston Port Bill, 98; + appointed delegate to Continental Congress, 99; + member of convention of county delegates, 100. + _Member of Continental Congress._ + His journey to Philadelphia, 100, 101; + his oratory heralded by associates, 101; + described by Atkinson, 102; + speaks in favor of committee to settle method of voting, 110; + protests against small colonies having equal vote with large, 111; + urges that old constitutions are abolished, 112; + wishes proportional representation, excluding slaves, 112; + his speech not that of a mere rhetorician, 113, 114; + on committee on colonial trade and manufactures, 114; + opposes Galloway's plan, 116; + expects war, 116; + wishes non-intercourse postponed, 117; + on committee to prepare address to the king, 117; + his share in its composition, 117, 118; + on committee to declare rights of colonies, 118; + his practical ability not so extraordinary as his oratory, 119; + misrepresented as a mere declaimer, 120; + mythical account by Wirt of an impressive speech, 120-121; + asserted also to be author of rejected draft of address to the king, + 122; + and to be cast in the shade by more practical men, 122; + this passage a slander due to Jefferson, 123; + not considered a mere talker by associates, 124; + high tribute to his practical ability by John Adams, 124, 125; + agrees with Adams that war must come, 125; + allusion of his mother to him in 1774, 126; + fame of his speech for arming Virginia militia, 128; + danger of an overestimate, 129; + in Virginia convention offers resolutions to prepare for war, 134; + opposed by his political rivals, 137; + and by all who dreaded an open rupture, 138, 139; + his speech, 140-145; + description of Henry's manner by St. George Tucker, 143; + by Randall, 146; + by John Roane, 146-149; + question as to its authenticity, 149-151; + chairman of committee for arming militia, 151; + also on committees on public lands and on encouragement of + manufactures, 151, 152; + his possible expectations of a military career, 155; + summary of his military beginnings, 155, 156; + disgusted at failure of militia to resist Governor Dunmore's + seizure of gunpowder, 158; + wishes to emphasize situation by defying governor, 158; + rallies county militia and marches against him, 159; + receives protests from conservatives, 160; + reinforced by thousands, 160; + secures money compensation for gunpowder, 160; + gives receipt for it, 161; + offers to protect colonial treasurer, 161; + rebuffed by him, 162; + denounced in proclamation by Dunmore, 162, 163; + condemned by conservatives, 164; + thanked and applauded by county conventions, 164-166; + returns to Continental Congress, 166; + escorted by volunteer guard, 167; + said by Jefferson to have been insignificant in Congress, 168, 169; + falsity of his assertions, 169, 170; + their lack of probability, 171; + his activity proved by records of Congress, 172-175; + interested in Indian relations, 172; + on committees requiring business intelligence, 172, 173; + commissioner to treat with Indians, 174; + on committee to secure lead and salt, 174; + asks Washington to let a Virginian serve in army for sake of + acquiring military training, 175; + returns to Virginia, 176. + _Political Leader in Virginia._ + Resumes services in Virginia convention, 176; + purchases powder for colony, 176; + thanked by convention, 176; + appointed commander-in-chief of Virginia forces, 177; + his authority limited by convention and Committee of Safety, 177; + organizes troops, 178; + not permitted to lead attack on Dunmore, 180; + ignored by nominal subordinates, 180; + practically superseded by Colonel Howe of North Carolina, 180; + appointed colonel of a Virginia regiment, 181; + resigns, 181; + indignation of his officers and soldiers, 181-182; + persuades soldiers not to mutiny, 183; + again receives an address from officers of his own and other + regiments, 183, 184; + his military ability doubted by Committee of Safety, 185; + by Washington and others, 186; + lack of definiteness in criticisms, 186; + real defect seems to have been lack of discipline, 187; + never given a real chance to show his abilities, 188; + saddened by wife's death, 189; + reëlected to Virginia convention, 190; + his followers oppose Pendleton for president, 191; + serves on all important committees, 192, 193; + presents numerous reports, 193; + eager for independence, 193; + but wishes first a colonial union and a foreign alliance, 194; + letter of Charles Lee to, on the subject, 194-196; + influences convention to instruct delegates to advocate all three + things, 197; + advocates colonial union and French alliance in letters to Lee and + Adams, 198; + willing to offer free trade, 199; + on committee to draft declaration of rights and plan of government, + 200; + leads party advocating a democratic constitution, 201; + complains of lack of assistance, 203; + fears aristocratic tendencies of committee, 203, 204-206; + thanks John Adams for his pamphlet, 205; + hearty letter of Adams in reply, 206, 207; + writes fifteenth and sixteenth articles of Virginia bill of rights, + 208; + elected governor of State, 211; + his letter of acceptance, 212-213; + takes oath of office and occupies Dunmore's palace, 214; + congratulated by his old troops, 214, 215; + by Charles Lee, 215; + by the Baptists of Virginia, 216, 217; + his reply to the latter, 217; + suffers from illness, 218; + moves family from Hanover to Williamsburg, 219; + seeks to maintain dignity of office, 219, 220; + continues in ill-health but resumes duties of office, 220; + receives letter from Washington advising preparations for defense, + 221; + his activity in military preparations, 222; + sneered at by his enemies, 222, 223; + alleged by Jefferson to have planned a "dictatorship," 223-225; + doubted by Wirt, 226; + real meaning of the term at that time only extraordinary power, + 227-229; + authorized by legislature in 1776 to exercise military powers in + emergency, 231, 232; + utter baselessness of Jefferson's charges against, 233; + has continued confidence of Assembly, 234; + reëlected governor, 234; + issues proclamation urging Virginians to volunteer, 235; + labors to keep Virginia troops in field, 236; + sends a secret messenger to Washington for exact information, 236; + explains to Washington the difficulties of raising troops in + Virginia, 237, 238; + second letter accepting governorship, 239; + marries Dorothea Dandridge, 241; + his labors in trying to furnish supplies, 241; + great official correspondence, 241, 242; + his aid desired by Conway cabal, 243; + receives an anonymous letter against Washington, 243-245; + sends it to Washington with a warning, 245, 246; + sends second letter assuring him of his confidence, 247; + replies of Washington to, 248-250; + his strong friendship with Washington, 251, 252; + its significance in his later career, 251; + warns R. H. Lee of prejudices against him in Virginia, 252, 253; + despairs of public spirit in Virginia, 254; + urges adherence to French alliance and rejection of North's peace + offers, 255; + twice receives extraordinary powers in 1777, 256; + reëlected to a third term, 256; his reply, 256; + reports the success of George R. Clark's expedition, 258-260; + again receives extraordinary powers, 260; + writes to president of Congress concerning military situation, + 260-262; + foresees shifting of British attack to Virginia, 262; + reports situation to Washington, 263; + reports Matthews's raid to Congress, 264-267; + issues a proclamation to warn State, 266; + declines reëlection on ground of unconstitutionality, 268; + complimented by General Assembly, his reply, 268; + his administration sneered at by Tucker, 269; + complimented by Washington, 269, 270; + declines election to Congress, 271; + retires to his estate, Leatherwood, 272; + remains in retirement a year, 272; + writes despondent letter to Jefferson, 273-275; + chosen to General Assembly, 275; + at once assumes leadership, 275; + overwhelmed by committee work, 276; + again in later session, 276-278; + introduces resolutions to console Gates after Camden, 277; + introduces resolution authorizing governor to convene legislature + elsewhere in case of invasion, 278; + his flight with legislature from Tarleton's raid, 281; + ludicrous anecdotes of popular surprise at his flight, 282-284; + said by Jefferson to have been again considered for a dictatorship, + 285; + contrary evidence, 286, 287; + his further labors in sessions of 1782, 1783, 1784, 287; + again elected governor, 288; + difficulty of estimating his labors in legislature, 288; + favors rescinding of measures against Tories after war, 289; + his speech in their behalf, 290, 291; + urges economic benefits of their return, 291; + presents bill repealing acts against British goods, 292; + advocates free trade, 292; + wishes to solve Indian problem by encouraging intermarriage, 292, + 293; + almost succeeds in carrying bill to that effect, 293; + antagonizes popular opinion in the foregoing projects, and also in + religious liberality, 294; + his amazing mastery over the House, 294, 295; + his appearance in legislature described by Roane, 295-297; + more practical than Madison, 296; + superior to Madison and Lee in debate, 296; + death of his mother, 299; + brings his family from Leatherwood to Salisbury, 299; + his showy style of living, 300; + letter to Washington, 301; + urges him to accept shares in James and Potomac navigation companies, + 302; + declines a third term and retires, 302; + publicly thanked by delegates, 302; + resumes practice of law in Prince Edward County, 303; + returns to Assembly until 1790, 303; + continues popular leader, 303. + _Opponent of the Federal Constitution._ + His relation to the Constitution not understood, 298; + not an extreme advocate of state rights, 303; + an early advocate of a central authority, 304; + supports in the main the policy of strengthening the federal + government, 305; + proposes to Madison to "invigorate" the government, 305; + considered by Madison a "champion of the federal cause" until 1787, + 306; + learns of Jay's offer to surrender navigation of Mississippi, 307; + elected a delegate to the federal convention, 309; + refuses, because of the Mississippi scheme, to attend, 310, 311; + anxiety over his refusal, 311, 312; + receives appeal from Washington in behalf of Constitution, 313; + replies stating his disapproval, 313; + fears expressed that he would prevent calling of a state convention, + 314; + but considers one necessary, 315; + labors to turn public opinion against the Constitution, 315, 316; + said to favor disunion, 317; + his political methods censured by President Smith, 317; + leads opposition to Constitution in the convention, 320; + his great activity in debate, 321; + great ability of his arguments, 321; + not, in the convention at least, a disunionist, 322, 323; + willing to admit defects in Confederation, 323; + objects that a new Constitution was beyond powers of federal + convention, 324; + further holds that state sovereignty is threatened, 324; + objects that the individual is protected by no bill of rights, 325, + 326; + dreads implied powers, 327; + criticises the proposed government, 327; + considers the executive dangerous, 328, 329; + fears danger to popular liberties, 329; + wishes to submit matter to a new convention, 330; + failing that, wishes it postponed until a bill of rights be added, + 331; + foreseeing defeat, he promises submission to majority, 332; + effectiveness of his eloquence, 333, 334; + his unwillingness to debate regularly, 334; + provokes Randolph into accusing him of unparliamentary behavior, 335; + taunted by Stephen and others as a mere declaimer, 335; + the variety and effectiveness of his arguments, 335, 336; + episode of his speech in the thunder-storm, 336-338; + fears amendments cannot be adopted, 341; + begins a campaign for them, 341, 342; + urges formation of societies to agitate for a bill of rights, 342, + 343; + suspected by Madison of purpose to revoke ratification or block + action of Congress, 343, 344; + satisfaction produced by his announcement of submission, 344; + enters with zeal into plan for a second convention, 345; + gains complete control of Virginia Assembly, 346; + causes passage of resolutions asking Congress to call a national + convention, 346; + threatens to fight government unless amendments are adopted, 347; + condemned bitterly by Federalists, 347; + wishes to control Virginia delegation to Congress, 350; + prevents choice of Madison and dictates election of R. H. Lee and + Grayson as senators, 350; + his followers gerrymander the congressional districts, 351; + retires from the legislature, 352; + bitter comments on his action, 353; + fails to prevent election of Madison, 354; + probable effect of his action in leading Congress itself to propose + amendments, 355; + virtual success of his policy, 355, 356. + _In Retirement._ + Resumes practice of law, 357; + driven to it by debt, 357, 358; + prematurely old at fifty, 358; + in eight years succeeds in gaining wealth enough to retire, 358; + great demand for his services, 359; + his part in the British debts case, 359-367; + associated with Marshall, Campbell, and Innes, 360; + his laborious preparations for the trial, 361; + masters subject completely, 362; + description of his plea before the district court, 363; + description of his second plea in same case, 1793, 364-366; + complimented by Justice Iredell for ability of argument, 366, 367; + his even greater effectiveness in criminal cases, 367; + analysis by Wirt of his methods, 368; + another description of his eloquence by A. Alexander, 369-371; + description by Alexander of his part in a murder case, 371-375; + another murder case described by Roane, 375-378; + also his ability in the comic line, 377; + description of his powers in another murder trial by Conrad Speece, + 378-381; + retires permanently in 1794, 382; + lives at Long Island, and eventually settles at Red Hill, 382; + his successful investments, 383; + not rich through dishonorable means as suggested by Jefferson, 383; + his life at Red Hill, 384-395; + happy relations with his family, 384; + calmness of temper, 385; + unruffled by scurrilous attacks, 385, 386; + his advocacy of temperance, 386; + tries to introduce a substitute for wine, 386; + his dislike of tobacco, 387; + his elocutionary manner of directing negroes in the morning, 387; + his ownership of slaves and dislike of slavery, 388; + advocates emancipation, 389; + his hospitality, 389; + his modesty, 390; + tendency to plume himself on wealth, 390; + assists in education of children, 391; + his enjoyment of religious writings and sacred music, 391; + his religious character and habits, 391; + a member of the Episcopal Church, 392; + his anger at being called an infidel, 392; + alarmed at French skepticism, 393; + causes Butler's "Analogy" and other books to be distributed, 394; + writes a reply to Paine's "Age of Reason," but causes it to be + destroyed, 394, 395; + inserts an affirmation of his faith in his will, 395; + continues to take interest in current events, 395; + satisfied with the Constitution after the ten amendments, 396; + but finds it hard to approve at once the Federalist government, 397; + dislikes Hamilton's financial measures, 397; + gradually drawn toward Federalists and away from Jeffersonians, 398; + testimony of Iredell to his liberality, 398; + declines appointment as United States senator, 398; + believes that Washington considers him an enemy, 399; + reconciled to Washington by Henry Lee, 399; + his letter to Lee, 400, 401; + dislikes democratic societies, 401; + offered position as secretary of state, 402; + declines it, 402; + receives from Washington through Lee an offer of chief justiceship, + 402, 403; + Washington's anxiety for his acceptance, 403; + declines it, 404; considered by Federalists for vice-presidency, 404; + sneered at by Jefferson, 404; + denies that he has changed opinions, 405; + dislikes Jay treaty, but condemns attempt of House to participate in + treaty power, 405; + elected governor of Virginia, declines, 406; + asked to express his opinion on political situation in 1799, 408; + believes that Jefferson's party plans disunion, 409; + alarmed at French Revolution, 409; + especially at infidelity, 410; + compliments Marshall's bearing in France, and wishes his election to + Congress, 410, 411; + urges American national feeling, 410; + declines Adams's nomination as minister to France, 412; + but expresses his sympathy with him, 412; + appealed to by Washington to come forward against the Democrats, 413, + 414; + comes out from retirement as candidate for legislature, 415; + great public interest, 415; + description of his last speech, 416-419; + dissuades from resistance to the government, 417; + denies the power of a State to decide on federal laws, 418; + urges harmony and use of constitutional means of redress, 418, 419; + his meeting with John Randolph, 420; + elected by a great majority, 420; + returns home, 421; + his last illness and death, 421-423. + _Characteristics._ + Absence of self-consciousness, 77; + abstemiousness, 386, 387; + audacity, 64, 69, 294; + business inefficiency, 6, 7, 8, 388; + early fondness for the woods, 5, 29, 30; + education, 6, 10, 13-17, 122; + eloquence, 48-52, 61, 64, 72, 93, 98, 115, 128, 140-151, 159, 295, + 297, 333-338, 363, 365, 368-381, 418; + friendships, 251, 252, 273, 399; + geniality and kindliness, 57, 58, 117, 220, 277, 332, 385, 398, + 399-401; + high spirits, 8, 9, 18, 76; + honor, 245, 251; + indolence in youth, 5, 6, 29; + influence with the people, 59, 60, 88, 89, 102, 160, 164-167, + 181-184, 282-284, 316, 346, 415, 420; + keenness and quickness, 21, 33, 34; + legal ability, 24, 25, 29, 33, 92, 93, 94, 359-381; + military ability, 155, 185-188; + modesty, 212, 239; + not a mere declaimer, 98, 113, 119-125, 169, 321; + personal appearance, 220, 296, 300, 364, 416; + political sense, 109, 110, 117, 124, 125, 158, 195, 245, 258, + 289-291; + practical ability, 30, 172-175, 192-193, 241, 242, 260-270, 275; + reading habits, 18, 19, 391; + religious views, 20, 56, 126, 208, 218, 389-395, 422, 423; + rusticity in early life, 10, 61; + self-depreciation, 11, 12; + simplicity of manners, 220, 379, 384; + unfriendly views of, 222, 269, 396. + See Jefferson, Thomas. + _Political Opinions._ + Amendments to the Constitution, 340-349, 355; + bill of rights, 327; + church establishment, 53, 208-210; + colonial union, 116, 193-199; + Democratic party, 409; + democracy, 201, 204; + disunion, 317, 323, 409; + executive power, 328, 329; + federal Constitution, 313, 323-331, 405, 418; + French alliance, 193-199, 254, 255; + French Revolution, 409; + free trade, 291, 292; + gerrymandering, 351; + independence of colonies, 193 ff.; + Indians, 172, 173, 258, 292, 293; + Jay treaty, 405; + Mississippi navigation, 309-311; + necessity for central authority, 304-306, 322; + not connected with plan for a dictatorship, 224-229, 233, 234, + 286, 287; + nullification, 417, 418; + power of crown to annul a colonial law, 53; + power of Parliament over colonies, 69-71, 95; + resistance to England, 125, 140-145; + slavery, 388, 389; + state rights, 323 ff.; + theory that colonies are dissolved by revolution, 111, 112; + Tories, 289-291; + treaty power, 405; + Virginia state Constitution, 201-206. + + Henry, Rev. Patrick, uncle of Patrick Henry, helps in his education, 6; + a good classical scholar, 13, 15; + persuaded by Henry not to be present at Parsons' Cause, 57. + + Henry, William, elder brother of Patrick Henry, becomes his partner in + trade, 6. + + Henry, William Wirt, on difficulty of reconciling Jefferson's statements + regarding Henry's ignorance of law with his large practice, 33; + on baselessness of Jefferson's dictatorship story, 233. + + Herkimer, his defeat by St. Leger, 240. + + Holland, ----, defended by Henry on charge of murder, 376, 377. + + Holt, James, on committee of Virginia convention, 152. + + Hopkins, Stephen, meets John Adams at first Continental Congress, 105; + a member, 108; + in second Continental Congress, 175. + + Howe, General Robert, commands North Carolina and Virginia troops and + ignores Henry, 180. + + Howe, General Sir William, letter of Dunmore to, describing military + operations in Virginia, 178; + his sluggishness in 1777, 236; + his movements in that year, 240, 241; + his capture of Philadelphia, 243. + + + Independence, brought unavoidably before country in 1776, 190, 193; + sentiment in Virginia convention in favor of, 193; + its postponement wished by Henry until a colonial union and foreign + alliances be formed, 194; + letter of Charles Lee urging its immediate declaration, 194. + + Indians, troubles with in Virginia in 1774, 126, 131; + negotiations with in Continental Congress, 171, 172, 173, 174; + in Virginia convention, 192; + expedition of G. R. Clark against, 258-260, 263; + dealings with Southwestern Indians, 263; + proposals of Henry to encourage intermarriage with, 292, 293. + + Innes, James, receives a speech of Henry to his constituents from + Rev. J. B. Smith, 317; + favors ratification of federal Constitution, 320; + with Henry in British debts case, 360. + + Iredell, Judge James, tries British debts case, 364; + describes eagerness to hear Henry, 364; + effect of Henry's oratory upon, 365; + compliments him in opinion, 366; + won over from dislike of Henry by his moderation and liberality, 398. + + + Jay, John, member of first Continental Congress, 108; + opposes Henry's proposal to frame a new Constitution, 112; + favors Galloway's plan of reconciliation, 115; + as likely as Henry to be a good fighter, 188; + but inferior to him in not offering, 188; + proposes to Congress to surrender navigation of Mississippi, 307; + as chief justice, tries British debts case, 364; + points out Henry to Iredell as the "greatest of orators," 364; + affected by Henry's oratory, 365; + converses with him on politics, 398. + + Jay treaty, condemned by Henry, 405. + + Jefferson, Thomas, meets Patrick Henry, 8; + describes his hilarity, 9; + his vulgar pronunciation, 10; + calls him illiterate, 12; + yet admits his mastery over language, 13; + at Williamsburg when Henry comes for his bar examination, 22; + his stories of Henry's examination, 23; + says Henry was a barkeeper, 26; + describes him as ignorant of the law and inefficient, 29, 30; + comparison of his legal business with Henry's, 31; + baselessness of his imputations, 32, 33; + describes Henry's maiden speech in legislature against "loan office," + 64; + present at debate over Virginia resolutions, 73, 74; + his conflicting statements for and against Henry's authorship of the + resolves, 84, note; + describes Henry's attainment to leadership, 88; + prominent member of bar, 93; + declines offer of practice of R. C. Nicholas, 94; + asserts that Henry was totally ignorant of law, 94; + with radical group in politics, 95; + furnishes Wirt with statements of Henry's insignificance in Congress, + 123; + induces Wirt not to mention his name, 123; + admits Henry's leadership in Virginia, 139; + on committee for arming militia, 151; + on other committees, 152; + says that Henry committed the first overt act of war in Virginia, 155; + says Henry was a silent member of second Continental Congress and glad + to leave, 168, 169; + errors of fact in his statement, 169, 170; + appears as delegate to second Continental Congress, 173; + returns to Virginia convention, 176; + favors a democratic Constitution, 202; + describes plan to establish a dictatorship in Virginia, 224; + intimates that Henry was the proposed tyrant, 225; + induces Girardin to state fact in "History of Virginia," 225; + furnishes the story to Wirt, 226; + unhistorical character of his narrative, 227-229; + himself the recipient as governor of extraordinary powers from + legislature, 228; + probably invents the whole story, 233; + makes no opposition to subsequent reëlections of Henry, 235; + his later dislike of Henry, 251; + on committee to notify Henry of his second reëlection as governor, 256; + elected governor, 268; + fears of Tucker as to his energy, 269; + continues on friendly terms with Henry while governor, 273; + despondent letter of Henry to, on political decay, 273-275; + reëlected, 276; + his flight from Tarleton, 285; + his story of second plan to make Henry dictator, 285; + unhistorical character of the story, 285-287; + his statement flatly contradicted by Edmund Randolph, 286; + told by Madison of Henry's desire to strengthen central government, + 305; + and of Virginian opposition to abandoning Mississippi navigation, + 307, 308, 311; + informed by Madison of opposition to Constitution in Virginia, 315, + 316, 345; + not in Virginia ratifying Convention, 319; + opposes new constitution, 319; + thinks it dangerous to liberty, 330; + letter from Madison to, explaining his defeat for senator, 351; + charges Henry with paying debts in worthless paper, and with + connection with the Yazoo scheme, 383; + forms opposition party to Washington, 397; + sneers at Federalist advances to Henry, 404; + secures his election as governor of Virginia, 406; + his letter to Mazzei published, 407; + writes Kentucky resolutions, 408. + + Jenyns, Soame, his "View of the Internal Evidence of Christianity," + printed by Henry for private distribution, 394. + + Johnson, Thomas, on committee of Continental Congress to prepare address + to the king, 117; + opposes Pendleton for president of Virginia convention, 191. + + Johnston, George, aids Henry in introducing Virginia Resolves, 69, 72; + said by Jefferson to have written them, 84, note. + + Johnstone, Governor George, his membership of North's peace commission + a surprise to Henry, 255. + + Jones, Allen, confers with Henry over weakness of Confederation, 305, + 306. + + Jones, William, plaintiff in British debts case, 360. + + Jouette, Captain John, warns Virginia legislature of Tarleton's + approach, 280, 281. + + + Kentucky resolutions written by Jefferson, 408. + + King, address to the, in Continental Congress, 117, 118; + its authorship wrongly accredited to Henry, 118, 122. + + Kirkland, Rev. Samuel, urged by Continental Congress to secure + neutrality of the Six Nations, 174. + + + Lamb, General John, letter from Henry to, on Virginia opposition to + Constitution, 342. + + Langdon, John, on gunpowder and salt committee of the second Continental + Congress, 175. + + Lear, Tobias, describes Henry's control of Virginia politics in 1788, + 353. + + Lee, Arthur, letter of Marshall to, 311. + + Lee, General Charles, describes military preparations of colonies in + 1774, and predicts war, 130, 131; + envied by Adams on his departure to command colonial army, 154; + appointed by Congress major-general, 172; + special difficulties of his situation, 173; + tells Washington that Virginia is ready for independence, 193; + eager for independence, 194; + urges its immediate declaration upon Henry, 194-196; + congratulates Henry on his election as governor, 215; + ridicules popular fondness for titles, 215, 216; + praised in anonymous letter to Henry, 244. + + Lee, Henry, in Virginia convention of 1776, 190; + on committee to draft bill of rights and state Constitution, 200; + on committee to notify Henry of election as governor, 212; + favors ratification of federal Constitution, 320; + appoints Henry United States senator in 1794, 398; + determines to reconcile Washington and Henry, 398; + describes Henry's friendly attitude to Washington, 399; + acts as successful intermediary, 399-403; + offers to Henry, in behalf of Washington, the office of chief justice, + 403. + + Lee, Richard Henry, on committee to protest against Stamp Act, 66; + leader of radicals in politics, 95; + appointed delegate to Continental Congress, 99; + praised by Virginia delegates as the Cicero of the age, 101; + meets John Adams and is praised by him, 106; + in debate over manner of voting, 112; + on committee to prepare address to king, 117; + author of draft rejected by Congress, 118; + on committee of Virginia convention for organizing militia, 151; + on other committees, 152; + in second Continental Congress, 173; + letter of Pendleton to, describing military situation in Virginia, 178; + in convention of 1776, 190; + urged by Henry to promote French alliance, 198; + favors a democratic constitution, 202; + appealed to for aid by Henry, 204; + supposed to have been won by Conway cabal, 243, 253; + loses popularity in Virginia, 252; + barely succeeds in reëlection to Congress, 253; + consoled by Henry, 253; + warned of decay of public spirit in Virginia, 254; + Henry's only rival in leadership of General Assembly, 275; + compared with Henry by S. Roane, 295-296; + opposes a strong central government, 305; + not a member of Virginia ratifying convention, 319; + opposes ratification of Constitution, 320; + his election as senator dictated by Henry, 350, 353; + turns from Jefferson to support of Washington, 398. + + Lee, Thomas Ludwell, suggested as messenger by Henry, 205. + + Legislature of Virginia, first appearance of Henry before Burgesses in + election case, 61; + corruption of speaker in, 63; + motion for a "loan office" in, defeated by Henry, 64; + protests against proposed Stamp Act, 65; + doubts among members as to course after its passage, 66-68; + deliberates on Stamp Act, 68; + introduction of Henry's resolutions, 69; + opposition of old leaders, 69, 71; + debate in, 71-74; + passes, then amends resolutions, 74, 75; + deplores Boston Port Bill, 97; + dissolved by Governor Dunmore, 97; + its members call for a Continental Congress, 98; + recommend a colonial convention, 99; + which meets, 99; + appoints delegates to first Continental Congress, 99, 100; + adjourns, 100; + second convention meets, 134; + its determination to prepare for war, 135; + causes for objections to Henry's resolutions to arm militia, 136-139; + adopts his resolutions to arm militia, and prepares for war, 151, 152; + return of Virginia congressional delegates to, 176; + thanks them, 176; + appoints Henry commander-in-chief with limited powers, 177; + meets at Williamsburg, 190; + its able membership, 190; + struggle for presidency between Pendleton's and Henry's factions, 191; + committees and business transacted by, 192, 193; + sentiment in, said to favor independence, 193; + instructs delegates to Congress to propose independence, foreign + alliance, and a confederation, 197; + appoints committee to draw up state Constitution and bill of rights, + 200; + aristocratic and democratic parties in, 201-207; + adopts declaration of rights, 207-210; + establishes religious liberty, 208, 209; + adopts state Constitution, 210; + its democratic form, 210, 211; + elects Henry governor, 211; + General Assembly holds first session, 220; + said to have planned to make Henry dictator, 223, 224, 226; + confers extraordinary powers on Governors Henry and Jefferson, 228, + 231, 233; + adjourns, 232; + no trace of a plot in, as described by Jefferson, 233-235; + reëlects Henry governor, 238, 239; + its sessions during 1777 and 1778, 241; + elects delegates to Congress, 253; + again confers extraordinary powers on Henry, 256; + and reëlects him governor, 256; + again confers on Henry extraordinary powers, 260; + desires to reëlect Henry for fourth term, 267; + on his refusal, elects Jefferson, 268; + passes resolutions complimenting Henry, 268; + elects Henry delegate to Congress, 271; + led by Henry in 1780 and afterwards, 275; + work done by it, 275-278; + reëlects Jefferson, 276; + fears approach of Cornwallis, 278, 279; + its flight from Tarleton, 280-284; + reassembles at Staunton, 284, 285; + elects Thomas Nelson governor, 285; + again said to have planned to make Henry dictator, 285; + contrary evidence, 286, 287; + subsequent sessions of, 287-288; + its scanty reports, 288; + mastery of Henry over, 294-297; + passes bill to prevent speculation in soldiers' certificates, 295; + again elects Henry governor, 298; + offers Washington shares in canal companies, 300; + publicly thanks Henry on his retirement from governorship, 302; + passes resolutions condemning proposed surrender of Mississippi + navigation, 308; + chooses Henry delegate to constitutional convention, 309; + feared that it will refuse to submit Constitution to a ratifying + convention, 314; + summons a state convention, 316; + dominated by Henry, 346; + asks Congress to call a second convention, 346, 347-350; + elects R. H. Lee and Grayson senators at Henry's dictation, and + rejects Madison, 350, 351; + gerrymanders the State in hopes of defeating Federalists, 351; + unable to assemble a quorum during Henry's speech in British debts + case, 362, 364; + controlled by Jefferson, 406; + elects Henry governor for sixth time in 1796, 406; + passes resolutions condemning alien and sedition laws, 408; + Henry asked by Washington to become a candidate for, 414; + he presents himself, 415; + action of Assembly deplored by him, 417; + its action called unconstitutional, 417, 418. + + Leonard, Daniel, describes the effect of the Virginia Resolves in New + England, 82, 83. + + Lewis, Andrew, on committee for arming Virginia militia, 151. + + Lewis, William, his remark to Henry on the flight of the legislature + from Tarleton, 283. + + Lincoln, Benjamin, informed by Washington of Henry's submission to the + Constitution, 344. + + Littlepage, James, his seat in Virginia legislature contested by + Dandridge, 61. + + Livingston, Philip, member of first Continental Congress, 108; + of the second, 172, 173; + as likely as Henry to have proved a good fighter, but, unlike him, + never offered, 188. + + Livingston, William, member of first Continental Congress, 108. + + Lowndes, Rawlins, opposes federal Constitution, 330. + + Lynch, Thomas, meets John Adams at Continental Congress, 104, 105; + praised by him, 105; + nominates Peyton Randolph for president, 107; + also Charles Thomson as secretary, 107; + debates question of manner of voting, 112; + member of second Continental Congress, 172. + + Lyons, ----, in Parsons' Cause with Henry, 49, 53; + cries "treason" against his speech, 54. + + + Madison, James, doubts Henry's authorship of Virginia Resolves, 84, note; + member of Virginia convention of 1776, 190; + on committee to draft bill of rights and Constitution, 200; + his slight influence, 204; + introduces bill to check speculation in soldiers' certificates, 295; + describes Henry's eloquent support of the measure, 295; + less practical than Henry, 296; + inferior to him in debate, 296; + confers with Henry and finds him zealous for strengthening federal + government, 305, 306; + predicts intense opposition in South to treaty abandoning Mississippi + navigation, 308; + warns Washington of Henry's change of mind on matter of strengthening + the Confederation, 310; + informed by Randolph of Henry's refusal to attend convention, 310; + comments on his reasons, 311, 312; + informs Jefferson and Randolph of Henry's opposition to the + Constitution, 315, 316; + accuses Henry of wishing disunion, 317; + letter of J. B. Smith to, condemning Henry's methods, 317; + describes elements of opposition to Constitution, 319; + the principal champion of ratification, 320; + his power in debate, 333; + suspects Henry of intention to destroy effect of Constitution, 343, + 344; + Washington's letters to on same subject, 346; + defeated for senator through Henry's influence, 351; + his defeat for representative attempted by gerrymandering, 351, 353; + elected nevertheless, 354; + leads House to consider constitutional amendments, 354, 355; + probably led by fear of Henry's opposition, 355; + forms opposition party to Washington, 397; + writes Virginia resolutions, 408. + + Madison, Thomas, on Henry's defense of Holland for murder, 376. + + Marshall, John, on Henry's determination to have Mississippi navigation + for the South, 311; + favors ratification of federal Constitution, 320; + with Henry in British debts case, 360; + his argument not legally superior to Henry's, 366; + commended for his conduct in France as a candidate for Congress by + Henry, 410, 411. + + Martin, Luther, opposes federal Constitution, 330. + + Maryland, its convention recommends organization of militia, 132; + its resolutions justifying this action imitated elsewhere, 133. + + Mason, George, leader of radicals in Virginia, 95; + his high opinion of Henry's abilities, 98; + in convention of 1776, 190; + on committee to draft bill of rights and Constitution, 200, 204; + favors a democratic government, 202; + author of first fourteen articles of bill of rights, 208; + a devout Episcopalian, 210; + on committee to notify Henry of his election as governor, 212; + opposes ratification of Constitution, 315, 316, 320; + chief assistant of Henry in debate, 320; + agrees to act as chairman of Virginia republican society, 342. + + Mason, Thompson, prominent member of Virginia bar, 93; + surpassed by Henry in admiralty case, 93. + + Massachusetts, calls for Stamp Act Congress, 80, 81; + enthusiasm in for Virginia resolutions, 81, 82; + prepares for war, 134. + + Matthews, General Edward, commands British raid into Virginia, 257, + 264, 267. + + Maury, Rev. James, wins his case for damages after annulling of option + law, 45; + describes Henry's speech in Parsons' Cause, 52-55. + + Mazzei, Philip, publication of Jefferson's letter to, 407. + + McIntosh, General Lachan, commander in the Northwest in 1779, 263. + + McKean, Thomas, member of first Continental Congress, 108. + + Meade, Rt. Rev. William, explains Henry's apology to Maury, 57. + + Mercer, James, prominent member of Virginia bar, 93; + on committee of Virginia convention, 152. + + Meredith, Samuel, Henry's brother-in-law, describes character of + Henry's mother, 299. + + Middleton, Henry, meets John Adams at first Continental Congress, + 105, 106; + a member of it, 108. + + Mifflin, Thomas, entertains delegates to first Continental Congress, + 104, 105, 106, 107; + a member of it, 108; + accompanies Washington to Boston as aide-de-camp, 154; + his connection with the Conway cabal, 247, 250. + + Miller, John, describes Henry's last speech, 416. + + Mississippi, navigation of, its abandonment proposed by Jay in + Congress, 307; + violent opposition aroused in South to its surrender, 308, 309; + Henry's desire to retain it makes him fear a closer union with + Northern States, 310, 311. + + Moffett, Colonel George, flight of legislature from Tarleton to his + farm, 284. + + Monroe, James, tells Henry of Jay's proposal to abandon Mississippi + navigation, 307; + says Northern States plan to dismember the union, 307; + opposes ratification of federal Constitution, 320; + helps Henry in debate, 320; + letter of Jefferson to on Henry, 404; + recalled from France, 407. + + Murray, William Vans, appointed envoy to France, 412. + + + Nelson, Hugh, remark of Henry to, 19. + + Nelson, Thomas, offers resolution in Virginia convention, instructing + delegates to propose independence, 197; + conveys resolutions to Congress, 198; + defeated for governor by Henry in 1776, 211; + succeeds Jefferson as governor, 285; + opposes ratification of Constitution, 319. + + New England, effect of Virginia resolutions in, 80, 82, 88. + + Newenham, Sir Edward, sends presents to Washington, 301. + + New Jersey, Assembly of, disapproves of Stamp Act Congress, 81. + + Newton, Thomas, on committee of Virginia convention, 152. + + New York, Virginia Resolves brought to, 80, 82; + ratifies the Constitution conditionally, 345; + sends circular letter proposing call for a second convention, 345; + its effect in Virginia, 345. + + Nicholas, George, favors ratification of federal Constitution, 320. + + Nicholas, John, supposed author of scurrilous attacks on Henry, 385. + + Nicholas, Robert Carter, one of Henry's legal examiners, 23; + opposes Henry's Virginia Resolves, 71; + loses leadership to Henry, 89; + prominent in Virginia bar, 93; + on retiring leaves his practice to Henry, 94; + leader of conservatives, 95; + opposes Henry's motion in Virginia convention to organize militia, 137; + on committee to arm militia, 151; + on other committees, 152; + declines as treasurer Henry's offer of protection, 162; + in convention of 1776, 190; + on committee to draft bill of rights and Constitution, 200; + favors aristocratic government, 201; + alleged to have made motion to appoint a dictator, 286. + + North, Lord, sends peace commissioners after Burgoyne's surrender, + 241, 254; + protested against by Henry, 255; + their failure and departure, 257. + + + Oswald, Eleazer, carries proposed constitutional amendments from Henry + to New York, 342, 343. + + + Page, John, describes Henry's vulgar pronunciation, 10, 11; + a radical in politics, 95; + receives a vote for governor in 1776, 211. + + Page, Mann, a radical leader in Virginia, 95; + in convention of 1776, 190; + on committee to frame bill of rights and a constitution, 200. + + Paine, Thomas, his "Age of Reason" moves Henry to write a reply, 374. + + Parsons' Cause, 36-55; + establishment of church in Virginia, 37; + payment of clergy, 37, 38; + legislation to enforce payment by vestry, 39; + option laws to prevent clergy profiting by high price, 40, 41; + royal veto, 44; + suits brought by clergy for damages, 44, 45; + suit of Maury against Fredericksville parish, 45-55; + selection of an unfair jury, 46, 47; + illegal verdict, 48; + Henry's speech and its effect, 48-52; + comments of Maury, 53-55; + excitement produced by, 58, 60; + reported to England, 86. + + Pendleton, Edmund, his pronunciation an example of dialect, 11; + said by Jefferson to have been one of Henry's bar examiners, 23; + on committee to protest against Stamp Act, 66; + believes submission necessary, 67; + opposes Henry's Virginia Resolves, 71; + loses leadership to Henry, 89; + prominent at Virginia bar, 93; + surpassed by Henry in admiralty case, 93; + leader of conservative party, 95; + appointed delegate to Continental Congress, 99; + his journey with Henry and Washington, 101; + described by Atkinson, 102; + in debate on manner of voting, 112; + opposes Henry's motion in Virginia convention to organize militia, 137; + on committee for arming militia, 151; + on other committees, 152; + returns from Congress to Virginia convention, 176; + thanked by Virginia, 176; + at head of Virginia Committee of Safety, describes situation to + R. H. Lee, 178; + explains his objections to Henry's serving in field, 185; + in convention of 1776, 190; + opposed for president by Henry's friends, 191; + drafts resolution instructing delegates in Congress to propose + independence, 197; + favors aristocratic government, 201; + favors ratification of federal Constitution, 320. + + Pennsylvania, prepares to resist England by force, 133. + + Phillips, General William, commands British force invading Virginia, 278. + + Powell, ----, entertains John Adams at first Continental Congress, 105. + + Providence, R. I., people of, approve Virginia Resolutions, 82. + + + Raleigh Tavern, meeting-place of Burgesses after dissolution of + Assembly, 98. + + Randall, Henry Stephens, describes at third hand Henry's speech for + organizing militia, 146. + + Randolph, Edmund, gives a version of Henry's warning to George III., + 73, note; + says the Virginia Resolves were written by William Fleming, 84, note; + in Virginia convention of 1776, 190; + testimony as to authorship of Virginia resolution favoring + independence, 197; + on committee to frame Constitution, 200; + says Henry drafted two articles of bill of rights, 208; + calls Washington a dictator in 1781, 229; + denies Jefferson's story of a Virginia dictatorship in 1781, 287; + informs Madison of Henry's refusal to go to constitutional convention, + 310; + receives Madison's reply, 312; + correspondence with Madison relative to Virginia opposition to + ratification of Constitution, 316; + refuses to sign Constitution and publishes objections, 319; + supports it in the convention, 320; + twitted by Henry, turns on him fiercely, 334, 335. + + Randolph, John, his part in Henry's bar examination, 23-26; + leader of bar in Virginia, 43. + + Randolph, John, of Roanoke, describes Henry's appearance in British + debts case, 364, 365; + answers Henry's last speech, 419; + Henry's parting advice to, 420. + + Randolph, Peyton, attorney-general, his part in Henry's bar + examination, 23; + on committee to protest against Stamp Act, 66; + counsels submission, 67; + opposes Henry's Virginia Resolves, 71; + his anger at their passage, 74; + loses leadership to Henry, 89; + leader of conservatives, 95; + appointed delegate to Continental Congress, 99; + described by Atkinson, 102; + meets John Adams at Continental Congress, 106; + chosen to preside, 107; + assures Virginia troops that gunpowder affair will be satisfactorily + settled, 157. + + Read, George, member of first Continental Congress, 108. + + Reed, Joseph, meets John Adams at first Continental Congress, 106; + doubts Henry's ability to command in the field, 186. + + Religious liberty in Virginia, asserted in sixteenth article of + declaration of rights written by Henry, 208; + hitherto limited, 209; + petition of Baptists for, 209; + proposals of Henry involving, 294. + + Revolution, war of, predicted by Henry, 116, 125; + by Hawley and John Adams, 125; + by Dickinson, Charles Lee, 130; + prepared for by Connecticut, 131, 133; + by Rhode Island, 132; + by Maryland, 132; + and other colonies, 133, 134; + by Virginia, 133-152; + considered inevitable by Henry, 138; + events of in 1776, 221; + in 1777, 235, 236; + in 1777 and 1778, 240, 241, 257. + + Rhoades, Samuel, at first Continental Congress, 105. + + Riddick, Lemuel, on committee of Virginia convention for arming + militia, 151. + + Roane, John, describes in detail Henry's delivery of the speech for + arming militia, 146-149; + said to have verified Wirt's version, 150. + + Roane, Spencer, on Henry's pronunciation, 11; + meets Henry and R. H. Lee in Virginia Assembly, 295; + considers Henry more practical than Madison, less selfish than Lee, + 296; + describes his superiority to Madison in debate, 296; + contrasts him with Lee, 296; + describes his manner, 296, 297; + describes Henry's manner of living as governor, 300; + gives anecdotes illustrating Henry's power as a criminal lawyer, + 375-378. + + Robertson, David, reports Henry's speeches in Virginia ratifying + convention, 321. + + Robertson, William, of Edinburgh University, kinsman of Patrick Henry, 3. + + Robertson, Rev. William, uncle of Patrick Henry, 3. + + Robinson, John, speaker of House of Burgesses and treasurer of Virginia, + 63; + attempt to conceal his defalcation by a "loan office," 63; + prevented by Henry, 64, 65. + + Robinson, Rev. William, condemns Henry's behavior in Parsons' Cause, 86; + and describes his speech against the Stamp Act, 87. + + Rodney, Cćsar, a member of first Continental Congress, 108; + of second, 175. + + Rush, Dr. Benjamin, said by Washington to be author of anonymous letter + to Henry, 249, 250. + + Rutledge, Edward, meets John Adams at first Continental Congress, 105, + 106; + a member of it, 108; + praises Galloway's plan of reconciliation, 115. + + Rutledge, John, meets John Adams at Continental Congress, 106; + a member of it, 108; + debates question of manner of voting, 112; + on committee to prepare address to the king, 117; + at second Continental Congress, 173; + as governor of South Carolina receives extraordinary powers, 228; + nomination for chief justice rejected by Senate, 403. + + + Schuyler, General Philip, his departure from Philadelphia as general + envied by John Adams, 154; + on committee of second Continental Congress, 172. + + Shelton, Sarah, marries Patrick Henry, 7; + her death, 189. + + Sherlock, Bishop Thomas, his sermons favorite reading of Henry, 391, 394. + + Sherman, Roger, a member of first Continental Congress, 108. + + Shippen, William, entertains delegates to Continental Congress, 106. + + Slavery, opinions of Henry concerning, 388-389. + + Simcoe, John Graves, a dashing partisan fighter, 188. + + Smith, Rev. John Blair, condemns Henry's agitation against ratifying + the Constitution, 317. + + Smith, Meriwether, opposes ratification of federal Constitution, 320. + + Smith, Rev. William, meets John Adams at first Continental Congress, 105. + + Spain, alliance with, desired by Henry in 1776, 194; + offers commercial privileges in return for abandonment of Mississippi + navigation, 307. + + Speece, Rev. Conrad, describes Henry's eloquence in a murder trial, + 378-381. + + Spotswood, Alexander, grandfather of Henry's second wife, 241. + + Sprout, Rev. ----, meets John Adams at first Continental Congress, 105. + + Stamp Act, protested against by Virginia Assembly, 65; + discussion whether to resist or submit after its passage, 66, 67; + resolutions against, introduced by Henry, 69, 71; + debate over, 71-74; + passage, reconsideration, and amendment, 75, 76; + influence in rousing other colonies against, 77-88. + + Stamp Act Congress, proposed by Massachusetts, 80; + its success caused by Virginia resolutions, 81 ff. + + Stark, John, his victory in 1777 at Bennington, 240. + + State sovereignty, declared to be abolished by Henry before 1774, 111, + 112; + its preservation demanded by Virginia in any confederation, 197; + not advocated in its extreme form by Henry during Revolution and + Confederation, 303-306; + considered by Henry to be threatened by federal Constitution, 324-330; + expressly reserved by convention in ratifying, 331. + + Stephen, Adam, on committee for arming Virginia militia, 151; + taunts Henry in ratifying convention of 1788, 335. + + Steptoe, Dr. ----, meets John Adams at first Continental Congress, 106. + + Sullivan, John, at first Continental Congress, 108; + answers Henry's speech in first day's debate, 110. + + Syme, Mrs. Sarah, described by Colonel William Byrd, 1, 2; + marries John Henry, 2; + mother of Patrick Henry, 2; + her family, 4; + letter mentioning his absence in Congress, 126; + her death and character, 299. + + Syme, Colonel ----, step-brother of Henry, reported to have denied his + complicity in dictatorship project, 226. + + + Tarleton, Sir Banastre, a dashing partisan fighter, 188; + sent by Cornwallis to capture Virginia legislature, 279; + nearly succeeds, 280. + + Taylor, John, of Caroline, his pronunciation, 11. + + Thacher, Oxenbridge, expresses his admiration for the Virginia + Resolves, 82. + + Thomson, Charles, the "Sam Adams" of Philadelphia, 104; + meets John Adams at Continental Congress, 105; + nominated for secretary, 107; + accepts position, 108, 109; + describes Henry's first speech, 109. + + Tillotson, Archbishop John, his sermons enjoyed by Henry, 391. + + Tobacco, its use as currency and to pay salaries, 37 ff. + + Tories, loathed by Henry, 274; + popular execration of, 289; + repeal of their exile favored by Henry, 290-291. + + Tucker, St. George, describes debate on military resolutions in + Virginia convention, 137; + describes motives of Henry's opponents, 137; + describes his speech, 143, 144; + agreement of his version with Wirt's, 150; + fears that Jefferson will be no more active than Henry, 269. + + Tyler, Judge John, reports Henry's narrative of his bar examination, + 24, 25; + gives anecdote of Henry's speech against Stamp Act, 73, note; + said to have been author of Wirt's version of Henry's militia speech, + 150; + with Henry in flight from Tarleton, 281, 282; + opposes Henry's bill to relieve Tories, 290; + opposes ratification of federal Constitution, 320; + helps Henry in debate, 320. + + + Union of the colonies, advocated by Henry as necessary prelude to + independence, 194, 199, 304. + + + Virginia, education in, 5, 13; + dialects in, 11; + society in, 21; + church government in, 37; + pays ministers in tobacco, 37, 38; + makes vestry liable for salary, 39; + passes option laws to prevent clergy from profiting from high price + of tobacco, 40, 41; + injustice of action, 42; + popularity of laws in, 43; + popular reluctance to grant clergy legal redress, 44, 45, 48; + the Parsons' Cause, 46-55; + enthusiasm in, for eloquence, 60; + popular affection for Henry begun by Parsons' Cause, 59, 60; + repudiation of Stamp Act, 66-76; + old leaders of, displaced by Henry, 66, 71, 88, 89; + officials of, angered by Henry's resolutions, 86; + popular enthusiasm for Henry, 88, 89; + courts in, closed by Revolution, 92; + conservative and radical parties in, 95; + practical unanimity of opinion, 95, 96; + its influence in Continental Congress, 113; + officers of its militia prepared for war, 131; + raises militia in various counties, 131, 133, 136; + first overt act of war in, committed by Henry, 155; + popular indignation at Dunmore's seizure of gunpowder, 157; + its volunteer companies persuaded not to attack him, 157; + expedition led by Henry forces Dunmore to make restitution, 158-160; + outbreak of popular approval of Henry's action, 164-167; + defense of, intrusted to Henry under Committee of Safety, 177; + operations of Dunmore in, 178, 179; + its troops defeat him, 179, 180; + indignation among them at Henry's treatment by Committee of Safety, + 181-184; + celebrates with enthusiasm the resolution in favor of independence, + 199; + effect of its example, 200; + aristocratic and democratic parties in, 200-202; + Virginia troops congratulate Henry on election as governor, 214; + high ideal held by Virginians of dignity of governor, 219, 300; + danger of attacks upon State urged by Washington, 221; + prepares for defense, 222, 223; + efforts of Henry to recruit in, 237, 238; + receives great demands for supplies, 241; + popular opinion condemns R. H. Lee for hostility to Washington, 252, + 253; + decay of military spirit in, 253, 254; + ravaged by Matthews and Collier, 257, 264-267; + sends Clark's successful expedition into Northwest, 258-260; + decline of patriotism in, 274; + ravaged by Arnold and Phillips, 278; + great antipathy in, to project of abandoning Mississippi navigation, + 308; + majority of people at outset favor Constitution, 315; + effect of Henry's exertions in turning tide, 316, 317; + supposed disunion feeling, 317; + importance Of Virginia's action, 318; + party divisions in State, 319, 320; + party divisions and leaders in convention, 320; + influence of Virginia's demands in forcing Congress to propose ten + amendments, 355, 356; + prepares to resist government at time of alien and sedition laws, 408; + its leaders condemned by Henry, 409; + its policy deplored by Washington, 413. + + Virginia resolutions of 1765, 69-75; + their effect, 77-89. + See Legislature of Virginia, and Stamp Act, authorship of, 83-85. + + Virginia resolutions of 1798, written by Madison, 408; + condemned by Henry as unconstitutional, 417, 418. + + + Walker, Benjamin, sent by Henry to Washington as secret messenger, 236; + taken by Washington as an aide-de-camp, 237. + + Walker, Jeremiah, moderator of Baptist convention, 217. + + Walker, Thomas, defendant in British debts case, 360. + + Ward, Samuel, meets John Adams at first Continental Congress, 105; + debates question of manner of voting, 112; + chairman of committee of the whole in second Continental Congress, 171. + + Warrington, Rev. Thomas, brings suit for damages after annulling of + option law, 44. + + Washington, George, appointed delegate to Continental Congress, 99; + describes journey, 101; + described by Atkinson, 102; + on committee for arming Virginia militia, 151; + on other committees, 152; + his military command envied by Hancock and Adams, 154; + notified by Virginia troops of readiness to attack Dunmore, 157; + letter of Henry to, recommending Frazer, 175; + thanked by Virginia convention, 176; + doubts Henry's fitness to command in the field, 186; + his defeats in 1776, 221; + congratulates Henry on his election as governor, 221; + warns him against British raids, 221; + letter of Carter to, sneering at Henry, 222, 223; + receives extraordinary powers from Congress, 227; + called a dictator in 1781, 229; + surprises Hessians at Trenton, 235; + his situation in 1777, 236; + embarrassed by Henry's sending Walker to observe the army, 236, 237; + letter of Henry to, on military situation in Virginia, 238; + his movements in 1777-1778, 240, 241; + Conway cabal formed against, 242; + attacked in anonymous letter to Henry, 244, 245; + receives two letters of warning from Henry on the subject, 245-248; + his grateful replies to Henry's letters, 248-250; + describes Dr. Rush as author of the anonymous letter, 249, 250; + describes other members of cabal, 250; + his deep friendship for Henry, 251, 252; + letter of Henry to, describing Indian troubles, 263; + repeatedly praises Henry's activity and assistance, 269, 270; + considered as possible dictator in 1781, 286; + asks Henry's advice concerning shares in canal companies, 300, 301; + receives Henry's replies, 301, 302; + told by Madison of Henry's change of opinion relative to strengthening + the Confederation, 310, 311; + sends copy of new Constitution to Henry, 313; + his reply, 313; + assured that Henry will not prevent a convention in Virginia, 314; + not in Virginia ratifying convention, 319; + grieved by Henry's persistent opposition, 341; + letters of Madison to, on Henry's opposition to Constitution, 343; + rejoices that Henry will submit, yet fears his opposition, 344, 346; + his administration at first criticised then approved by Henry, 397; + reconciled to Henry by Lee, 399-401; + expresses unabated regard for him, 399; + receives Henry's warm reply, 400, 401; + offers Henry secretaryship of state, 402; + offers him the chief-justiceship, 403; + appointed to command provisional army, 407; + appeals to Henry to leave retirement to combat Virginia Democratic + party, 413, 414. + + Webster, Daniel, his interview with Jefferson concerning Henry, 10, 23. + + White, Rev. Alexander, brings suit for damages after annulling of option + law, 45. + + William and Mary College, studies of Jefferson at, 22. + + Williams, John, clerk of Baptist convention in Virginia, 217. + + Wilson, James, member of second Continental Congress, on committees, 172, + 174. + + Winston, William, uncle of Patrick Henry, his eloquence, 5. + + Winston, ----, judges murder case, 376. + + Winstons of Virginia, kinsmen of Patrick Henry, 4; + their characteristics, 4, 5. + + Wirt, William, biographer of Henry, accepts Jefferson's statements of his + illiteracy, 15; + also his statements of his failure to gain a living as a lawyer, 27; + and his ignorance of law, 29; + describes Henry's speech in the Parsons' Cause, 48-52; + describes him as, in consequence of Stamp Act debate, the idol of + Virginia, 89; + accepts Jefferson's statement of Henry's ignorance of law, 94; + says Henry was author of draft of address rejected by Congress, 117, + 122; + error of his statement, 118; + his whole treatment of Henry's part in Congress untrustworthy, 119, + 120; + describes him as a mere declaimer, 120; + his mythical description of Henry's opening speech, 121; + describes his insignificance after the opening day, 122; + his error due to taking Jefferson's account, 123; + his version of Henry's militia speech considered by some apocryphal, + 149; + question of its genuineness, 149, 150; + accepts Jefferson's story of a projected dictatorship, but doubts + Henry's connection, 226; + accepts a similar story for 1781, 285; + considers Virginia bar the finest in United States, 360; + describes Henry's method of argument, 368, 369; + gives false account of Henry's religious views, 391. + + Witherspoon, John, at first Continental Congress, 106; + instructor of Madison, 190. + + Woodford, General William, commands Virginia troops in the field to + exclusion of Henry, 179; + ignores him in his reports, 180; + defeats Dunmore at Great Bridge, 180; + permits Rowe of North Carolina to supersede himself, 180; + his officers, however, prefer Henry, 183; + letter of Pendleton to, on Henry's unfitness to command, 185. + + Wythe, George, one of Henry's legal examiners, 23; + on committee to protest to England against Stamp Act, 66; + believes submission necessary, 67; + opposes Henry's resolves, 71; + loses leadership to Henry, 89; + prominent at Virginia bar, 93; + leader of conservatives, 95; + in convention of 1776, 190; + favors ratification of federal Constitution, 320. + + + Young, Captain H., testimony concerning a proposed dictatorship in 1781, + 286. + + + Zane, Isaac, on committee for arming Virginia militia, 151. + + + + + * * * * * + + + + + AMERICAN MEN OF LETTERS + + Biographies of our most eminent American Authors, + written by men who are themselves prominent in the + field of letters. + + _The writers of these biographies are themselves + Americans, generally familiar with the surroundings + in which their subjects lived and the conditions + under which their work was done. 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In preparation. + + _Other interesting additions to the list to be made + in the future._ + + HOUGHTON MIFFLIN COMPANY + + + + + + * * * * * + + + + + +Transcriber's Note: + +Inconsistent hyphenation and spelling have been retained as they +appear in the original book. Only the following possible misprints +have been changed for this etext: + +Page iv PRINTED IN THE U.S.A. + U.S.A changed to U.S.A. + +Page xi LIST OF PRINTED DOCUMENTS CITED IN THIS BOOK 424 + added to Table of Contents + +Page 28 being a needy dependent + dependant changed to dependent + +Page 40 Perry, _Hist. Coll._ i. 508, 509. + comma added after 508 + +Page 145 What would they have? + what changed to What + +Page 268 opportunity of deliberating upon + opportuity changed to opportunity + +Page 278 General Greene at Guilford, in North Carolina + Guildford changed to Guilford + +Page 284 Furthermore, as soon as possible after breakfast + Futhermore changed to Furthermore + +Page 351 expedients common on such occasions + occassions changed to occasions + +Page 383 embarrassments was not due alone + embarassments changed to embarrassments + +Page 420 mass of unwhipped hyperboles + hyberbole changed to hyperbole + +Page 432 Breckenridge, ----, + Breckinridge changed to Breckenridge + +Page 442 Absence of self-consciousness + conciousness changed to consciousness + +Page 442 Holt, James, on committee of Virginia convention + Virgia changed to Virginia + +Page 449 Randolph, John, of Roanoke + Roanoake change to Roanoke + + + +***END OF THE PROJECT GUTENBERG EBOOK PATRICK HENRY*** + + +******* This file should be named 29368-8.txt or 29368-8.zip ******* + + +This and all associated files of various formats will be found in: +http://www.gutenberg.org/dirs/2/9/3/6/29368 + + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at <a href = "http://www.gutenberg.org">www.gutenberg.org</a></pre> +<p>Title: Patrick Henry</p> +<p>Author: Moses Coit Tyler</p> +<p>Release Date: July 10, 2009 [eBook #29368]</p> +<p>Language: English</p> +<p>Character set encoding: ISO-8859-1</p> +<p>***START OF THE PROJECT GUTENBERG EBOOK PATRICK HENRY***</p> +<p> </p> +<h3>E-text prepared by Barbara Tozier, Bill Tozier,<br /> + and the Project Gutenberg Online Distributed Proofreading Team<br /> + (http://www.pgdp.net)</h3> +<p> </p> +<hr class="full" /> +<p> </p> +<p> </p> +<p> </p> + +<div class="tpage"> + +<p><br /><br /><span class="hspr fh3">American Statesmen</span></p> + +<hr class="thirty" /> + +<h1><span class="hspr">PATRICK HENRY</span></h1> + +<p><br /><br /><br /><br /><span class="fh4">BY</span></p> + +<p><span class="fh2">MOSES COIT TYLER</span><br /><br /><br /><br /></p> + + +<div class="figcenter" style="width: 150px;"> +<img src="images/logo.png" width="150" height="194" alt="Riverside Press Logo" /> +</div> + + +<p><br /><br /><br /><br /><span class="fh3">BOSTON AND NEW YORK</span><br /> + +<span class="fh2">HOUGHTON MIFFLIN COMPANY</span><br /> + +<span class="hspr fh3">The Riverside Press Cambridge</span></p> + +<hr class="sixty" /> +<p><span class="pgnm"><a name="Page_iv" id="Page_iv">[Pg iv]</a></span></p> +<p> +<span class="fh3">COPYRIGHT, 1887, BY MOSES COIT TYLER<br /> +COPYRIGHT, 1898, BY MOSES COIT TYLER AND HOUGHTON, MIFFLIN & CO.<br /> +COPYRIGHT, 1915, BY JEANNETTE G. TYLER</span><br /> +<br /> +<br /> +<span class="hspr fh3">The Riverside Press</span><br /> +<span class="fh3">CAMBRIDGE · MASSACHUSETTS<br /> +PRINTED IN THE U.S.A.</span><br /> +</p> + +<hr class="sixty" /> + +</div> + +<p><span class="pgnm"><a name="Page_v" id="Page_v">[Pg v]</a></span></p> + +<h2>PREFACE</h2> + + +<p>In this book I have tried to embody the chief +results derived from a study of all the materials +known to me, in print and in manuscript, relating +to Patrick Henry,—many of these materials +being now used for the first time in any formal +presentation of his life.</p> + +<p>Notwithstanding the great popular interest attaching +to the name of Patrick Henry, he has +hitherto been the subject of but one memoir +founded on original investigation, and that, of +course, is the Life by William Wirt. When it is +considered, however, that Wirt’s book was finished +as long ago as the year 1817,—before the time +had fairly come for the publication of the correspondence, +diaries, personal memoranda, and official +records of every sort, illustrating the great +period covered by Patrick Henry’s career,—it +will be easy to infer something as to the quantity +and the value of those printed materials bearing +upon the subject, which are now to be had by us, +but which were not within the reach of Wirt. +Accordingly, in his lack of much of the detailed +<span class="pgnm"><a name="Page_vi" id="Page_vi">[Pg vi]</a></span> +testimony that then lay buried in inaccessible documents, +Wirt had to trust largely to the somewhat +imaginative traditions concerning Patrick Henry +which he found floating in the air of Virginia; +and especially to the supposed recollections of old +people,—recollections which, in this case, were +nearly always vague, not always disinterested, +often inaccurate, and generally made up of emotional +impressions rather than of facts. Any one +who will take the trouble to ascertain the enormous +disadvantages under which Wirt wrote, and +which, as we now know, gave him great discouragement, +will be inclined to applaud him for making +so good a book, rather than to blame him for +not making a better one.</p> + +<p>It is proper for me to state that, besides the +copious printed materials now within reach, I have +been able to make use of a large number of manuscripts +relating to my subject. Of these may be +specified a document, belonging to Cornell University, +written by a great-grandson of Patrick +Henry, the late Rev. Edward Fontaine, and giving, +among other things, several new anecdotes +of the great orator, as told to the writer by his +own father, Colonel Patrick Henry Fontaine, who +was much with Patrick Henry during the later +years of his life. I may add that, through the +kindness of the Hon. William Wirt Henry of +<span class="pgnm"><a name="Page_vii" id="Page_vii">[Pg vii]</a></span> +Richmond, I have had access to the manuscripts +which were collected by Wirt for the purposes of +his book, but were only in part used by him. +With unstinted generosity, Mr. Henry likewise +placed in my hands all the papers relating to his +illustrious grandfather, which, during the past +thirty years or more, he has succeeded in bringing +together, either from different branches of the +family, or from other sources. A portion of the +manuscripts thus accumulated by him consists of +copies of the letters, now preserved in the Department +of State, written by Patrick Henry, chiefly +while governor of Virginia, to General Washington, +to the president of Congress, to Virginia’s +delegation in Congress, and to the Board of War.</p> + +<p>In the very front of this book, therefore, I record +my grateful acknowledgments to Mr. William +Wirt Henry; acknowledgments not alone +for the sort of generosity of which I have just +spoken, but for another sort, also, which is still +more rare, and which I cannot so easily describe,—his +perfect delicacy, while promoting my more +difficult researches by his invaluable help, in never +once encumbering that help with the least effort to +hamper my judgment, or to sway it from the natural +conclusions to which my studies might lead.</p> + +<p>Finally, it gives me pleasure to mention that, +in the preparation of this book, I have received +<span class="pgnm"><a name="Page_viii" id="Page_viii">[Pg viii]</a></span> +courteous assistance from Mr. Theodore F. Dwight +and Mr. S. M. Hamilton of the library of the +Department of State; from the Rev. Professor +W. M. Hughes, of Hobart College; and from the +Rev. Stephen H. Synnott, rector of St. John’s, +Ithaca.</p> + +<p class="right1">M. C. T.</p> + +<p><span class="smcap">Cornell University</span>, 3 June, 1887.</p> + +<p><span class="pgnm"><a name="Page_ix" id="Page_ix">[Pg ix]</a></span></p> + +<h2>PREFACE <br /> +<span class="hsub">TO REVISED EDITION</span></h2> + + +<p>I have gladly used the opportunity afforded by +a new edition of this book to give the text a minute +revision from beginning to end, and to make +numerous changes both in its substance and in its +form.</p> + +<p>During the eleven years that have passed since +it first came from the press, considerable additions +have been made to our documentary materials for +the period covered by it, the most important for +our purpose being the publication, for the first +time, of the correspondence and the speeches of +Patrick Henry and of George Mason, the former +with a life, in three volumes, by William Wirt +Henry, the latter also with a life, in two volumes, +by Kate Mason Rowland. Besides procuring for +my own pages whatever benefit I could draw from +these texts, I have tried, while turning over very +frequently the writings of Patrick Henry’s contemporaries, +to be always on the watch for the +means of correcting any mistakes I may have +made concerning him, whether as to fact or as to +opinion.</p> + +<p><span class="pgnm"><a name="Page_x" id="Page_x">[Pg x]</a></span>In this work of rectification I have likewise +been aided by suggestions from many persons, of +whom I would particularly mention the Right +Rev. Joseph Blount Cheshire, Jr., D. D., Bishop +of North Carolina, and Mr. William Wirt Henry.</p> + +<p class="right1">M. C. T.</p> + +<p><span class="smcap">Cornell University</span>, 31 March, 1898</p> + +<hr class="sixty" /> + + +<p><span class="pgnm"><a name="Page_xi" id="Page_xi">[Pg xi]</a></span></p> + +<h2>CONTENTS</h2> + +<table class="toc" summary=""> +<tr><th><span class="fsmcap">CHAP.</span></th><th></th><th><span class="fsmcap">PAGE</span></th></tr> + + +<tr><td class="chap">I.</td> +<td><span class="smcap">Early Years</span></td> +<td class="page"><a href="#Page_1">1</a></td></tr> + +<tr><td class="chap">II.</td> +<td><span class="smcap">Was He Illiterate?</span></td> +<td class="page"><a href="#Page_10">10</a></td></tr> + +<tr><td class="chap">III.</td> +<td><span class="smcap">Becomes a Lawyer</span></td> +<td class="page"><a href="#Page_22">22</a></td></tr> + +<tr><td class="chap">IV.</td> +<td><span class="smcap">A Celebrated Case</span></td> +<td class="page"><a href="#Page_36">36</a></td></tr> + +<tr><td class="chap">V.</td> +<td><span class="smcap">First Triumphs at the Capital</span></td> +<td class="page"><a href="#Page_56">56</a></td></tr> + +<tr><td class="chap">VI.</td> +<td><span class="smcap">Consequences</span></td> +<td class="page"><a href="#Page_77">77</a></td></tr> + +<tr><td class="chap">VII.</td> +<td><span class="smcap">Steady Work</span></td> +<td class="page"><a href="#Page_90">90</a></td></tr> + +<tr><td class="chap">VIII.</td> +<td><span class="smcap">In the First Continental Congress</span></td> +<td class="page"><a href="#Page_101">101</a></td></tr> + +<tr><td class="chap">IX.</td> +<td>“<span class="smcap">After all, We must Fight</span>”</td> +<td class="page"><a href="#Page_128">128</a></td></tr> + +<tr><td class="chap">X.</td> +<td><span class="smcap">The Rape of the Gunpowder</span></td> +<td class="page"><a href="#Page_153">153</a></td></tr> + +<tr><td class="chap">XI.</td> +<td><span class="smcap">In Congress and in Camp</span></td> +<td class="page"><a href="#Page_168">168</a></td></tr> + +<tr><td class="chap">XII.</td> +<td><span class="smcap">Independence</span></td> +<td class="page"><a href="#Page_189">189</a></td></tr> + +<tr><td class="chap">XIII.</td> +<td><span class="smcap">First Governor of the State of Virginia</span></td> +<td class="page"><a href="#Page_214">214</a></td></tr> + +<tr><td class="chap">XIV.</td> +<td><span class="smcap">Governor a Second Time</span></td> +<td class="page"><a href="#Page_240">240</a></td></tr> + +<tr><td class="chap">XV.</td> +<td><span class="smcap">Third Year in the Governorship</span></td> +<td class="page"><a href="#Page_257">257</a></td></tr> + +<tr><td class="chap">XVI.</td> +<td><span class="smcap">At Home and in the House of Delegates</span></td> +<td class="page"><a href="#Page_271">271</a></td></tr> + +<tr><td class="chap">XVII.</td> +<td><span class="smcap">Shall the Confederation be made Stronger?</span></td> +<td class="page"><a href="#Page_298">298</a></td></tr> + +<tr><td class="chap">XVIII.</td> +<td><span class="smcap">The Battle in Virginia over the New Constitution</span></td> +<td class="page"><a href="#Page_313">313</a></td></tr> + +<tr><td class="chap">XIX.</td> +<td><span class="smcap">The After-Fight for Amendments</span></td> +<td class="page"><a href="#Page_339">339</a></td></tr> + +<tr><td class="chap">XX.</td> +<td><span class="smcap">Last Labors at the Bar</span></td> +<td class="page"><a href="#Page_357">357</a></td></tr> + +<tr><td class="chap">XXI.</td> +<td><span class="smcap">In Retirement</span></td> +<td class="page"><a href="#Page_382">382</a></td></tr> + +<tr><td class="chap">XXII.</td> +<td><span class="smcap">Last Days</span></td> +<td class="page"><a href="#Page_407">407</a></td></tr> + +<tr><td></td> +<td><span class="smcap">List of Printed Documents Cited in this Book</span></td> +<td class="page"><a href="#Page_424">424</a></td></tr> + +<tr><td></td> +<td><span class="smcap">Index</span></td> +<td class="page"><a href="#Page_431">431</a></td></tr> +</table> +<hr class="sixty" /> + +<p><span class="pgnm"><a name="Page_1" id="Page_1">[Pg 1]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + + +<h1>PATRICK HENRY</h1> + +<h2>CHAPTER I <br /> +<span class="hsub">EARLY YEARS</span></h2> + + +<p>On the evening of October 7, 1732, that merry +Old Virginian, Colonel William Byrd of Westover, +having just finished a journey through King +William County for the inspection of his estates, +was conducted, for his night’s lodging, to the +house of a blooming widow, Mistress Sarah Syme, +in the county of Hanover. This lady, at first +supposing her guest to be some new suitor for +her lately disengaged affections, “put on a Gravity +that becomes a Weed;” but so soon as she learned +her mistake and the name of her distinguished +visitor, she “brighten’d up into an unusual cheerfulness +and Serenity. She was a portly, handsome +Dame, of the Family of Esau, and seem’d not to +pine too much for the Death of her Husband, who +was of the Family of the Saracens.… This +widow is a person of a lively & cheerful Conversation, +with much less Reserve than most of her +Countrywomen. It becomes her very well, and +<span class="pgnm"><a name="Page_2" id="Page_2">[Pg 2]</a></span> +sets off her other agreeable Qualities to Advantage. +We tost off a Bottle of honest Port, which +we relisht with a broil’d Chicken. At Nine I retir’d +to my Devotions, And then Slept so Sound +that Fancy itself was Stupify’d, else I shou’d have +dreamt of my most obliging Landlady.” The next +day being Sunday, “the courteous Widow invited +me to rest myself there that good day, and go to +Church with Her, but I excus’d myself by telling +her she wou’d certainly spoil my Devotion. Then +she civilly entreated me to make her House my +Home whenever I visited my Plantations, which +made me bow low, and thank her very +kindly.”<a name="FNanchor1" id="FNanchor1"></a><a href="#Footnote-1" class="fnanchor">[1]</a> +</p> + +<p>Not very long after that notable visit, the +sprightly widow gave her hand in marriage to a +young Scotchman of good family, John Henry, of +Aberdeen, a protégé and probably a kinsman of +her former husband; and continuing to reside on +her estate of Studley, in the county of Hanover, +she became, on May 29, 1736, the mother of Patrick +Henry.</p> + +<p>Through the lineage of both his parents, this +child had some claim to an inheritance of brains. +The father, a man of firm and sound intellect, had +been liberally educated in Scotland; among the +country gentlemen of his neighborhood in Virginia, +he was held in high esteem for superior intelligence +and character, as is shown by the positions he long +held of county surveyor, colonel of his regiment, +and presiding judge of the county court; while he +<span class="pgnm"><a name="Page_3" id="Page_3">[Pg 3]</a></span> +could number among his near kinsmen at home +several persons of eminence as divines, orators, or +men of letters,—such as his uncle, William Robertson, +minister of Borthwick in Mid Lothian +and afterward of the Old Greyfriars’ Church +in Edinburgh; his cousin, David Henry, the successor +of Edward Cave in the management of +the “Gentleman’s Magazine;” and especially his +cousin, William Robertson, principal of the University +of Edinburgh, and author of the “History of +the Reign of the Emperor Charles V.” Moreover, +among the later paternal relatives of Patrick Henry +may be mentioned one person of oratorical and +forensic genius very brilliant and in quality not +unlike his own. Patrick Henry’s father was second +cousin to that beautiful Eleanor Syme of +Edinburgh, who, in 1777, became the wife of +Henry Brougham of Brougham Hall, Westmoreland. +Their eldest son was Lord Brougham, who +was thus the third cousin of Patrick Henry. To +some it will perhaps seem not a mere caprice of +ingenuity to discover in the fiery, eccentric, and +truculent eloquence of the great English advocate +and parliamentary orator a family likeness to that +of his renowned American kinsman; or to find in +the fierceness of the champion of Queen Caroline +against George IV., and of English anti-slavery reform +and of English parliamentary reform against +aristocratic and commercial selfishness, the same +bitter and eager radicalism that burned in the +blood of him who, on this side of the Atlantic, +<span class="pgnm"><a name="Page_4" id="Page_4">[Pg 4]</a></span> +was, in popular oratory, the great champion of the +colonies against George III., and afterward of +the political autonomy of the State of Virginia +against the all-dominating centralization which he +saw coiled up in the projected Constitution of the +United States.<a name="FNanchor2" id="FNanchor2"></a><a href="#Footnote-2" class="fnanchor">[2]</a></p> + +<p>Those, however, who knew the mother of Patrick +Henry, and her family, the Winstons, were +accustomed to think that it was from her side of +the house that he derived the most characteristic +traits not only of his genius, but of his disposition. +The Winstons of Virginia were of Welsh stock; +a family marked by vivacity of spirit, conversational +talent, a lyric and dramatic turn, a gift for +music and for eloquent speech, at the same time +by a fondness for country life, for inartificial pleasures, +for fishing and hunting, for the solitude +and the unkempt charms of nature. It was said, +too, of the Winstons that their talents were in +excess of their ambition or of their energy, and +were not brought into use except in a fitful way, +and under the stimulus of some outward and passing +occasion. They seem to have belonged to that +very considerable class of persons in this world of +<span class="pgnm"><a name="Page_5" id="Page_5">[Pg 5]</a></span> +whom more might have been made. Especially +much talk used to be heard, among old men in +Virginia, of Patrick Henry’s uncle, his mother’s +own brother, William Winston, as having a gift +of eloquence dazzling and wondrous like Patrick’s, +nay, as himself unsurpassed in oratory among all +the great speakers of Virginia except by Patrick +himself.<a name="FNanchor3" id="FNanchor3"></a><a href="#Footnote-3" class="fnanchor">[3]</a></p> + +<p>The system of education prevailing in Virginia +during Patrick Henry’s early years was extremely +simple. It consisted of an almost entire lack of +public schools, mitigated by the sporadic and irregular +exercise of domestic tuition. Those who +could afford to import instruction into their homes +got it, if they desired; those who could not, generally +went without. As to the youthful Patrick, +he and education never took kindly to each other. +From nearly all quarters the testimony is to this +effect,—that he was an indolent, dreamy, frolicsome +creature, with a mortal enmity to books, +supplemented by a passionate regard for fishing-rods +and shot-guns; disorderly in dress, slouching, +vagrant, unambitious; a roamer in woods, a loiterer +on river-banks; having more tastes and aspirations +in common with trappers and frontiersmen +than with the toilers of civilized life; giving no +hint nor token, by word or act, of the possession +of any intellectual gift that could raise him above +mediocrity, or even up to it.</p> + +<p>During the first ten years of his life, he seems +<span class="pgnm"><a name="Page_6" id="Page_6">[Pg 6]</a></span> +to have made, at a small school in the neighborhood, +some small and reluctant progress into the +mysteries of reading, writing, and arithmetic; +whereupon his father took personal charge of the +matter, and conducted his further education at +home, along with that of other children, being +aided in the task by the very competent help of +a brother, the Rev. Patrick Henry, rector of St. +Paul’s parish, in Hanover, and apparently a good +Scotch classicist. In this way our Patrick acquired +some knowledge of Latin and Greek, and +rather more knowledge of mathematics,—the latter +being the only branch of book-learning for +which, in those days, he showed the least liking. +However, under such circumstances, with little +real discipline, doubtless, and amid plentiful interruptions, +the process of ostensible education +went forward with the young man; and even this +came to an end by the time that he was fifteen +years old.</p> + +<p>At that age, he was duly graduated from the +domestic schoolroom into the shop of a country +tradesman hard by. After an apprenticeship there +of a single year, his father set him up in trade, +joining with him in the conduct of a country store +his elder brother, William, a youth more indolent, +if possible, as well as more disorderly and uncommercial, +than Patrick himself. One year of this +odd partnership brought the petty concern to its +inevitable fate. Just one year after that, having +attained the ripe age of eighteen, and being then +<span class="pgnm"><a name="Page_7" id="Page_7">[Pg 7]</a></span> +entirely out of employment, and equally out of +money, Patrick rounded out his embarrassments, +and gave symmetry to them, as it were, by getting +married,—and that to a young woman quite +as impecunious as himself. The name of this +damsel was Sarah Shelton; her father being a small +farmer, and afterward a small tavern-keeper in +the neighborhood. In the very rashness and absurdity +of this proceeding on the part of these two +interesting young paupers, irresistibly smitten with +each other’s charms, and mutually resolved to defy +their own helplessness by doubling it, there seems +to have been a sort of semi-ludicrous pathos which +constituted an irresistible call for help.</p> + +<p>The parents on both sides heard the call, and by +their joint efforts soon established the young couple +on a little farm near at hand, from which, by +their own toil, reënforced by that of half a dozen +slaves, they were expected to extort a living. This +experiment, the success of which depended on exactly +those qualities which Patrick did not then +possess,—industry, order, sharp calculation, persistence,—turned +out as might have been predicted. +At the end of two years he made a forced +sale of some of his slaves, and invested the proceeds +in the stock of a country store once more. +But as he had now proved himself to be a bad +farmer, and a still worse merchant, it is not easy +to divine by what subtle process of reasoning he +had been able to conclude that there would be any +improvement in his circumstances by getting out +of agriculture and back into merchandise. +<span class="pgnm"><a name="Page_8" id="Page_8">[Pg 8]</a></span></p> + +<p>When he undertook this last venture he was +still but a youth of twenty. By the time that he +was twenty-three, that is, by the autumn of 1759, +he had become convinced that his little store was +to prove for him merely a consumer of capital and +a producer of bad debts; and in view of the necessity +of soon closing it, he had ample excuse for +taking into consideration what he should do next. +Already was he the happy father of sundry small +children, with the most trustworthy prospect of a +steady enlargement and multiplication of his paternal +honors. Surely, to a man of twenty-three, a +husband and a father, who, from the age of fifteen, +had been engaged in a series of enterprises +to gain his livelihood, and had perfectly failed in +every one of them, the question of his future +means of subsistence must have presented itself +as a subject of no little pertinence, not to say urgency. +However, at that time Patrick seems to +have been a young fellow of superabounding health +and of inextinguishable spirits, and even in that +crisis of his life he was able to deal gayly with +its problems. In that very year, 1759, Thomas +Jefferson, then a lad of sixteen, and on his way +to the College of William and Mary, happened +to spend the Christmas holidays at the house of +Colonel Nathan Dandridge, in Hanover, and there +first met Patrick Henry. Long afterward, recalling +these days, Jefferson furnished this picture of +him:—</p> + +<div class="blockquot"> + +<p>“Mr. Henry had, a little before, broken up his store, or<span class="pgnm"><a name="Page_9" id="Page_9">[Pg 9]</a></span> +rather it had broken him up; but his misfortunes were +not to be traced either in his countenance or conduct.” +“During the festivity of the season I met him in society +every day, and we became well acquainted, although I +was much his junior.… His manners had something +of coarseness in them. His passion was music, dancing, +and pleasantry. He excelled in the last, and it attached +every one to him.”<a name="FNanchor4" id="FNanchor4"></a><a href="#Footnote-4" class="fnanchor">[4]</a></p> +</div> + +<p>Shortly after Jefferson left those hilarious scenes +for the somewhat more restrained festivities of the +little college at Williamsburg, Patrick succeeded +in settling in his own mind what he was going to +do next. He could not dig, so it seemed, neither +could he traffic, but perhaps he could talk. Why +not get a living by his tongue? Why not be a +lawyer?</p> + +<p>But before we follow him through the gates of +that superb profession,—gates which, after some +preliminary creaking of the hinges, threw open to +him the broad pathway to wealth, renown, unbounded +influence,—let us stop a moment longer +on the outside, and get a more distinct idea, if we +can, of his real intellectual outfit for the career on +which he was about to enter.</p> + + + +<div class="footnotes"> +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"> +<p><a name="Footnote-1" id="Footnote-1"></a><a href="#FNanchor1"><span class="label">[1]</span></a> +<i>Byrd Manuscripts</i>, ii. 79, 80.</p> +</div> + +<div class="footnote"><p><a name="Footnote-2" id="Footnote-2"></a><a href="#FNanchor2"><span class="label">[2]</span></a> +I have +from private sources information that Brougham was +aware of his relationship to Patrick Henry, and that in recognition +of it he showed marked attentions to a grand-nephew of +Patrick Henry, the late W. C. Preston, of South Carolina, when +the latter was in England. Moreover, in his <i>Life and Times</i>, i. 17, +18, Brougham declares that he derived from his maternal ancestors +the qualities which lifted him above the mediocrity that had +always attached to his ancestors on the paternal side.</p> +</div> + +<div class="footnote"><p><a name="Footnote-3" id="Footnote-3"></a><a href="#FNanchor3"><span class="label">[3]</span></a> +Wirt, 3.</p> +</div> + +<div class="footnote"><p><a name="Footnote-4" id="Footnote-4"></a><a href="#FNanchor4"><span class="label">[4]</span></a> +In a letter to Wirt, in 1815, <i>Life of Henry</i>, 14, 15; also +<i>Writings of Jefferson</i>, vi. 487, 488, where the letter is given, apparently, +from the first draft.</p> +</div> +</div> + + +<p><span class="pgnm"><a name="Page_10" id="Page_10">[Pg 10]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER II <br /> +<span class="hsub">WAS HE ILLITERATE?</span></h2> + + +<p>Concerning the quality and extent of Patrick +Henry’s early education, it is perhaps impossible +now to speak with entire confidence. On the one +hand there seems to have been a tendency, in his +own time and since, to overstate his lack of education, +and this partly, it may be, from a certain +instinctive fascination which one finds in pointing +to so dramatic a contrast as that between the sway +which the great orator wielded over the minds of +other men and the untrained vigor and illiterate +spontaneity of his own mind. Then, too, it must +be admitted that, whatever early education Patrick +Henry may have received, he did, in certain companies +and at certain periods of his life, rather too +perfectly conceal it under an uncouth garb and +manner, and under a pronunciation which, to say +the least, was archaic and provincial. Jefferson +told Daniel Webster that Patrick Henry’s “pronunciation +was vulgar and vicious,” although, as +Jefferson adds, this “was forgotten while he was +speaking.”<a name="FNanchor5" id="FNanchor5"></a><a href="#Footnote-5" class="fnanchor">[5]</a> +Governor John Page “used to relate, +on the testimony of his own ears,” that Patrick +<span class="pgnm"><a name="Page_11" id="Page_11">[Pg 11]</a></span> +Henry would speak of “the yearth,” and of +“men’s naiteral parts being improved by +larnin’;”<a name="FNanchor6" id="FNanchor6"></a><a href="#Footnote-6" class="fnanchor">[6]</a> +while Spencer Roane mentions his pronunciation +of China as “Cheena.”<a name="FNanchor7" id="FNanchor7"></a><a href="#Footnote-7" class="fnanchor">[7]</a> +All this, however, it +should be noted, does not prove illiteracy. If, +indeed, such was his ordinary speech, and not, as +some have suggested, a manner adopted on particular +occasions for the purpose of identifying himself +with the mass of his hearers, the fact is evidence +merely that he retained through his mature +life, on the one hand, some relics of an old-fashioned +good usage, and, on the other, some traces +of the brogue of the district in which he was born, +just as Edmund Pendleton used to say “scaicely” +for scarcely, and as John Taylor, of Caroline, +would say “bare” for bar; just as Thomas Chalmers +always retained the brogue of Fifeshire, and +Thomas Carlyle that of Ecclefechan. Certainly +a brogue can never be elegant, but as it has many +times coexisted with very high intellectual cultivation, +its existence in Patrick Henry does not prove +him to have been uncultivated.</p> + +<p>Then, too, it must be remembered that he himself +had a habit of depreciating his own acquaintance +with books, and his own dependence on them. +He did this, it would seem, partly from a consciousness +that it would only increase his hold on +the sympathy and support of the mass of the people +of Virginia if they should regard him as absolutely +one of themselves, and in no sense raised +<span class="pgnm"><a name="Page_12" id="Page_12">[Pg 12]</a></span> +above them by artificial advantages. Moreover, +this habit of self-depreciation would be brought +into play when he was in conversation with such +professed devourers of books as John Adams and +Jefferson, compared with whom he might very +properly feel an unfeigned conviction that he was +no reader at all,—a conviction in which they +would be quite likely to agree with him, and which +they would be very likely to express. Thus, John +Adams mentions that, in the first intimacy of their +friendship begun at the Congress of 1774, the +Virginian orator, at his lodgings, confessed one +night that, for himself, he had “had no public +education;” that at fifteen he had “read Virgil +and Livy,” but that he had “not looked into a +Latin book since.”<a name="FNanchor8" id="FNanchor8"></a><a href="#Footnote-8" class="fnanchor">[8]</a> +Upon Jefferson, who of course +knew Henry far longer and far more closely, the +impression of his disconnection from books seems +to have been even more decided, especially if we +may accept the testimony of Jefferson’s old age, +when his memory had taken to much stumbling, +and his imagination even more to extravagance +than in his earlier life. Said Jefferson, in 1824, +of his ancient friend: “He was a man of very little +knowledge of any sort. He read nothing, and had +no books.”<a name="FNanchor9" id="FNanchor9"></a><a href="#Footnote-9" class="fnanchor">[9]</a></p> + +<p>On the other hand, there are certain facts concerning +Henry’s early education and intellectual +habits which may be regarded as pretty well established. +<span class="pgnm"><a name="Page_13" id="Page_13">[Pg 13]</a></span> +Before the age of ten, at a petty neighborhood +school, he had got started upon the three +primary steps of knowledge. Then, from ten to +fifteen, whatever may have been his own irregularity +and disinclination, he was member of a home +school, under the immediate training of his father +and his uncle, both of them good Scotch classical +scholars, and one of them at least a proficient in +mathematics. No doubt the human mind, especially +in its best estate of juvenile vigor and frivolity, +has remarkable aptitude for the repulsion +of unwelcome knowledge; but it can hardly be +said that even Patrick Henry’s gift in that direction +could have prevented his becoming, under two +such masters, tolerably well grounded in Latin, if +not in Greek, or that the person who at fifteen is +able to read Virgil and Livy, no matter what may +be his subsequent neglect of Latin authors, is not +already imbued with the essential and indestructible +rudiments of the best intellectual culture.</p> + +<p>It is this early initiation, on the basis of a drill +in Latin, into the art and mystery of expression, +which Patrick Henry received from masters so +competent and so deeply interested in him, which +helps us to understand a certain trait of his, which +puzzled Jefferson, and which, without this clue, +would certainly be inexplicable. From his first +appearance as a speaker to the end of his days, he +showed himself to be something more than a declaimer,—indeed, +an adept in language. “I have +been often astonished,” said Jefferson, “at his +<span class="pgnm"><a name="Page_14" id="Page_14">[Pg 14]</a></span> +command of proper language; how he obtained the +knowledge of it I never could find out, as he read +little, and conversed little with +educated men.”<a name="FNanchor10" id="FNanchor10"></a><a href="#Footnote-10" class="fnanchor">[10]</a> +It is true, probably, that we have no perfect report +of any speech he ever made; but even through +the obvious imperfections of his reporters there +always gleams a certain superiority in diction,—a +mastery of the logic and potency of fitting words; +such a mastery as genius alone, without special +training, cannot account for. Furthermore, we +have in the letters of his which survive, and which +of course were generally spontaneous and quite unstudied +effusions, absolutely authentic and literal +examples of his ordinary use of words. Some of +these letters will be found in the following pages. +Even as manuscripts, I should insist that the letters +of Patrick Henry are witnesses to the fact and +quality of real intellectual cultivation: these are +not the manuscripts of an uneducated person. In +penmanship, punctuation, spelling, syntax, they +are, upon the whole, rather better than the letters +of most of the great actors in our Revolution. +But, aside from the mere mechanics of written +speech, there is in the diction of Patrick Henry’s +letters the nameless felicity which, even with great +natural endowments, is only communicable by genuine +literary culture in some form. Where did +Patrick Henry get such literary culture? The +question can be answered only by pointing to that +painful drill in Latin which the book-hating boy +<span class="pgnm"><a name="Page_15" id="Page_15">[Pg 15]</a></span> +suffered under his uncle and his father, when, to +his anguish, Virgil and Livy detained him anon +from the true joys of existence.</p> + +<p>Wirt seems to have satisfied himself, on evidence +carefully gathered from persons who were contemporaries +of Patrick Henry, that the latter had +received in his youth no mean classical education; +but, in the final revision of his book for publication, +Wirt abated his statements on that subject, +in deference to the somewhat vehement assertions +of Jefferson. It may be that, in its present lessened +form, Wirt’s account of the matter is the +more correct one; but this is the proper place in +which to mention one bit of direct testimony upon +the subject, which, probably, was not known to +Wirt. Patrick Henry is said to have told his +eldest grandson, Colonel Patrick Henry Fontaine, +that he was instructed by his uncle “not only in +the catechism, but in the Greek and Latin +classics.”<a name="FNanchor11" id="FNanchor11"></a><a href="#Footnote-11" class="fnanchor">[11]</a> +It may help us to realize something of +the moral stamina entering into the training which +the unfledged orator thus got that, as he related, +his uncle taught him these maxims of conduct: +“To be true and just in all my dealings. To bear +no malice nor hatred in my heart. To keep my +hands from picking and stealing. Not to covet +other men’s goods; but to learn and labor truly to +get my own living, and to do my duty in that state +of life unto which it shall please God to +call me.”<a name="FNanchor12" id="FNanchor12"></a><a href="#Footnote-12" class="fnanchor">[12]</a></p> + +<p>Under such a teacher Patrick Henry was so +<span class="pgnm"><a name="Page_16" id="Page_16">[Pg 16]</a></span> +thoroughly grounded, at least in Latin and Greek +grammar, that when, long afterward, his eldest +grandson was a student in Hampden-Sidney College, +the latter found “his grandfather’s examinations +of his progress in Greek and Latin” so rigorous +that he dreaded them “much more than he +did his recitations to his +professors.”<a name="FNanchor13" id="FNanchor13"></a><a href="#Footnote-13" class="fnanchor">[13]</a> +Colonel +Fontaine also states that he was present when a +certain French visitor, who did not speak English, +was introduced to Governor Henry, who did not +speak French. During the war of the Revolution +and just afterwards a similar embarrassment was +not infrequent here in the case of our public men, +among whom the study of French had been very +uncommon; and for many of them the old colonial +habit of fitting boys for college by training them +to the colloquial use of Latin proved to be a great +convenience. Colonel Fontaine’s anecdote implies, +what is altogether probable, that Patrick Henry’s +early drill in Latin had included the ordinary colloquial +use of it; for he says that in the case of +the visitor in question his grandfather was able, +by means of his early stock of Latin words, to +carry on the conversation in that +language.<a name="FNanchor14" id="FNanchor14"></a><a href="#Footnote-14" class="fnanchor">[14]</a></p> + +<p>This anecdote, implying Patrick Henry’s ability +to express himself in Latin, I give for what it may +be worth. Some will think it incredible, and that +impression will be further increased by the fact +that Colonel Fontaine names Albert Gallatin as +the visitor with whom, on account of his ignorance +<span class="pgnm"><a name="Page_17" id="Page_17">[Pg 17]</a></span> +of English, the conversation was thus carried on +in Latin. This, of course, must be a mistake; +for, at the time of his first visit to Virginia, Gallatin +could speak English very well, so well, in fact, +that he went to Virginia expressly as English interpreter +to a French gentleman who could not +speak our language.<a name="FNanchor15" id="FNanchor15"></a><a href="#Footnote-15" class="fnanchor">[15]</a> +However, as, during all +that period, Governor Henry had many foreign +visitors, Colonel Fontaine, in his subsequent account +of that particular visitor, might easily have +misplaced the name without thereby discrediting +the substance of his narrative. Indeed, the substance +of his narrative, namely, that he, Colonel +Fontaine, did actually witness, in the case of some +foreign visitor, such an exhibition of his grandfather’s +good early training in Latin, cannot be +rejected without an impeachment of the veracity +of the narrator, or at least of that of his son, who +has recorded the alleged incident. Of course, if +that narrative be accepted as substantially true, it +will be necessary to conclude that the Jeffersonian +tradition of Patrick Henry’s illiteracy is, at any +rate, far too highly tinted.</p> + +<p>Thus far we have been dealing with the question +of Patrick Henry’s education down to the time of +his leaving school, at the age of fifteen. It was +not until nine years afterward that he began the +study of the law. What is the intellectual record +of these nine years? It is obvious that they were +years unfavorable to systematic training of any +<span class="pgnm"><a name="Page_18" id="Page_18">[Pg 18]</a></span> +sort, or to any regulated acquisition of knowledge. +During all that time in his life, as we now look +back upon it, he has for us the aspect of some lawless, +unkempt genius, in untoward circumstances, +groping in the dark, not without wild joy, towards +his inconceivable, true vocation; set to tasks for +which he was grotesquely unfit; blundering on +from misfortune to misfortune, with an overflow +of unemployed energy and vivacity that swept him +often into rough fun, into great gusts of innocent +riot and horseplay; withal borne along, for many +days together, by the mysterious undercurrents of +his nature, into that realm of reverie where the +soul feeds on immortal fruit and communes with +unseen associates, the body meanwhile being left +to the semblance of idleness; of all which the man +himself might have given this valid justification:—</p> + +<p class="center">“I loafe and invite my soul,<br /> +I lean and loafe at my ease, observing a spear of summer grass.”</p> + +<p>Nevertheless, these nine years of groping, blundering, +and seeming idleness were not without their +influence on his intellectual improvement even +through direct contact with books. While still a +boy in his teens, and put prematurely to uncongenial +attempts at shopkeeping and farmkeeping, +he at any rate made the great discovery that in +books and in the gathering of knowledge from +books could be found solace and entertainment; in +short, he then acquired a taste for reading. No +one pretends that Patrick Henry ever became a +<span class="pgnm"><a name="Page_19" id="Page_19">[Pg 19]</a></span> +bookish person. From the first and always the +habit of his mind was that of direct action upon +every subject that he had to deal with, through his +own reflection, and along the broad primary lines +of common sense. There is never in his thought +anything subtle or recondite,—no mental movement +through the media of books; but there is +good evidence for saying that this bewildered and +undeveloped youth, drifting about in chaos, did +in those days actually get a taste for reading, and +that he never lost it. The books which he first +read are vaguely described as “a few light and +elegant +authors,”<a name="FNanchor16" id="FNanchor16"></a><a href="#Footnote-16" class="fnanchor">[16]</a> +probably in English essays and +fiction. As the years passed and the boy’s mind +matured, he rose to more serious books. He became +fond of geography and of history, and he +pushed his readings, especially, into the history of +Greece and of Rome. He was particularly fascinated +by Livy, which he read in the English translation; +and then it was, as he himself related it to +Judge Hugh Nelson, that he made the rule to read +Livy through “once at least in every year during +the early part of his +life.”<a name="FNanchor17" id="FNanchor17"></a><a href="#Footnote-17" class="fnanchor">[17]</a> +He read also, it is +apparent, the history of England and of the English +colonies in America, and especially of his own +colony; for the latter finding, no doubt, in Beverley +<span class="pgnm"><a name="Page_20" id="Page_20">[Pg 20]</a></span> +and in the grave and noble pages of Stith, and +especially in the colonial charters given by Stith, +much material for those incisive opinions which he +so early formed as to the rights of the colonies, +and as to the barriers to be thrown up against the +encroaching authority of the mother country.</p> + +<p>There is much contemporaneous evidence to show +that Patrick Henry was throughout life a deeply +religious person. It certainly speaks well for his +intellectual fibre, as well as for his spiritual tendencies, +that his favorite book, during the larger +part of his life, was “Butler’s Analogy,” which +was first published in the very year in which he +was born. It is possible that even during these +years of his early manhood he had begun his enduring +intimacy with that robust book. Moreover, +we can hardly err in saying that he had then also +become a steady reader of the English Bible, the +diction of which is stamped upon his style as unmistakably +as it is upon that of the elder Pitt.</p> + +<p>Such, I think it may fairly be said, was Patrick +Henry when, at the age of twenty-four, having +failed in every other pursuit, he turned for bread +to the profession of the law. There is no evidence +that either he or any other mortal man was aware +of the extraordinary gifts that lay within him for +success in that career. Not a scholar surely, not +even a considerable miscellaneous reader, he yet +had the basis of a good education; he had the +habit of reading over and over again a few of the +best books; he had a good memory; he had an +<span class="pgnm"><a name="Page_21" id="Page_21">[Pg 21]</a></span> +intellect strong to grasp the great commanding +features of any subject; he had a fondness for the +study of human nature, and singular proficiency +in that branch of science; he had quick and warm +sympathies, particularly with persons in trouble,—an +invincible propensity to take sides with the +under-dog in any fight. Through a long experience +in offhand talk with the men whom he had +thus far chiefly known in his little provincial +world,—with an occasional clergyman, pedagogue, +or legislator, small planters and small traders, +sportsmen, loafers, slaves and the drivers of slaves, +and, more than all, those bucolic Solons of old +Virginia, the good-humored, illiterate, thriftless +Caucasian consumers of tobacco and whiskey, who, +cordially consenting that all the hard work of the +world should be done by the children of Ham, +were thus left free to commune together in endless +debate on the tavern porch or on the shady side +of the country store,—young Patrick had learned +somewhat of the lawyer’s art of putting things; +he could make men laugh, could make them serious, +could set fire to their enthusiasms. What +more he might do with such gifts nobody seems to +have guessed; very likely few gave it any thought +at all. In that rugged but munificent profession +at whose outward gates he then proceeded to knock, +it was altogether improbable that he would burden +himself with much more of its erudition than was +really necessary for a successful general practice +in Virginia in his time, or that he would permanently +content himself with less.</p> + + + +<div class="footnotes"> +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-5" id="Footnote-5"></a><a href="#FNanchor5"><span class="label">[5]</span></a> Curtis, <i>Life of Webster</i>, i. 585.</p></div> + +<div class="footnote"><p><a name="Footnote-6" id="Footnote-6"></a><a href="#FNanchor6"><span class="label">[6]</span></a> Randall, <i>Life of Jefferson</i>, i. 20.</p></div> + +<div class="footnote"><p><a name="Footnote-7" id="Footnote-7"></a><a href="#FNanchor7"><span class="label">[7]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-8" id="Footnote-8"></a><a href="#FNanchor8"><span class="label">[8]</span></a> <i>Works of John Adams</i>, ii. 396.</p></div> + +<div class="footnote"><p><a name="Footnote-9" id="Footnote-9"></a><a href="#FNanchor9"><span class="label">[9]</span></a> Curtis, <i>Life of Webster</i>, i. 585.</p></div> + +<div class="footnote"><p><a name="Footnote-10" id="Footnote-10"></a><a href="#FNanchor10"><span class="label">[10]</span></a> Curtis, <i>Life of Webster</i>, i. 585.</p></div> + +<div class="footnote"><p><a name="Footnote-11" id="Footnote-11"></a><a href="#FNanchor11"><span class="label">[11]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-12" id="Footnote-12"></a><a href="#FNanchor12"><span class="label">[12]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-13" id="Footnote-13"></a><a href="#FNanchor13"><span class="label">[13]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-14" id="Footnote-14"></a><a href="#FNanchor14"><span class="label">[14]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-15" id="Footnote-15"></a><a href="#FNanchor15"><span class="label">[15]</span></a> Henry Adams, <i>Life of Gallatin</i>, 59, 60.</p></div> + +<div class="footnote"><p><a name="Footnote-16" id="Footnote-16"></a><a href="#FNanchor16"><span class="label">[16]</span></a> Wirt, 9.</p></div> + +<div class="footnote"><p><a name="Footnote-17" id="Footnote-17"></a><a href="#FNanchor17"><span class="label">[17]</span></a> Wirt, 13. This is the passage on which Jefferson, in his extreme +old age, made the characteristically inaccurate comment: +“His biographer says, ‘He read Plutarch every year.’ I doubt +if he ever read a volume of it in his life.” Curtis, <i>Life of Webster</i>, +i. 585.</p></div> +</div> + + +<p><span class="pgnm"><a name="Page_22" id="Page_22">[Pg 22]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER III <br /> +<span class="hsub">BECOMES A LAWYER</span></h2> + + +<p>Some time in the early spring of 1760, Thomas +Jefferson, then a lad in the College of William and +Mary, was surprised by the arrival in Williamsburg +of his jovial acquaintance, Patrick Henry, +and still more by the announcement of the latter +that, in the brief interval since their merrymakings +together at Hanover, he had found time to study +law, and had actually come up to the capital to +seek an admission to the bar.</p> + +<p>In the accounts that we have from Henry’s contemporaries +respecting the length of time during +which he was engaged in preparing for his legal +examination, there are certain discrepancies,—some +of these accounts saying that it was nine +months, others six or eight months, others six +weeks. Henry himself told a friend that his original +study of the law lasted only one month, and +consisted in the reading of Coke upon Littleton +and of the Virginia laws.<a name="FNanchor18" id="FNanchor18"></a><a href="#Footnote-18" class="fnanchor">[18]</a></p> + +<p>Concerning the encounter of this obscure and +raw country youth with the accomplished men who +examined him as to his fitness to receive a license +<span class="pgnm"><a name="Page_23" id="Page_23">[Pg 23]</a></span> +to practice law, there are three primary narratives,—two +by Jefferson, and a third by Judge John +Tyler. In his famous talk with Daniel Webster +and the Ticknors at Monticello, in 1824, Jefferson +said: “There were four examiners,—Wythe, Pendleton, +Peyton Randolph, and John Randolph. +Wythe and Pendleton at once rejected his application; +the two Randolphs were, by his importunity, +prevailed upon to sign the license; and, having +obtained their signatures, he again applied to Pendleton, +and after much entreaty, and many promises +of future study, succeeded also in obtaining his. +He then turned out for a practicing lawyer.”<a name="FNanchor19" id="FNanchor19"></a><a href="#Footnote-19" class="fnanchor">[19]</a></p> + +<p>In a memorandum<a name="FNanchor20" id="FNanchor20"></a><a href="#Footnote-20" class="fnanchor">[20]</a> prepared nearly ten years +before the conversation just mentioned, Jefferson +described somewhat differently the incidents of +Henry’s examination:—</p> + +<div class="blockquot"><p>“Two of the examiners, however, Peyton and John +Randolph, men of great facility of temper, signed his +license with as much reluctance as their dispositions +would permit them to show. Mr. Wythe absolutely +refused. Rob. C. Nicholas refused also at first; but on +repeated importunities, and promises of future reading, +he signed. These facts I had afterwards from the gentlemen +themselves; the two Randolphs acknowledging +he was very ignorant of law, but that they perceived +him to be a young man of genius, and did not doubt he +would soon qualify himself.”<a name="FNanchor21" id="FNanchor21"></a><a href="#Footnote-21" class="fnanchor">[21]</a></p> +</div> + + +<p><span class="pgnm"><a name="Page_24" id="Page_24">[Pg 24]</a></span>Long afterward, and when all this anxious affair +had become for Patrick Henry an amusing thing +of the past, he himself, in the confidence of an +affectionate friendship, seems to have related one +remarkable phase of his experience to Judge John +Tyler, by whom it was given to Wirt. One of +the examiners was “Mr. John Randolph, who was +afterwards the king’s attorney-general for the +colony,—a gentleman of the most courtly elegance +of person and manners, a polished wit, and a profound +lawyer. At first, he was so much shocked +by Mr. Henry’s very ungainly figure and address, +that he refused to examine him. Understanding, +however, that he had already obtained two signatures, +he entered with manifest reluctance on the +business. A very short time was sufficient to satisfy +him of the erroneous conclusion which he had +drawn from the exterior of the candidate. With +evident marks of increasing surprise (produced, no +doubt, by the peculiar texture and strength of Mr. +Henry’s style, and the boldness and originality of +his combinations), he continued the examination +for several hours; interrogating the candidate, not +on the principles of municipal law, in which he no +doubt soon discovered his deficiency, but on the +laws of nature and of nations, on the policy of the +feudal system, and on general history, which last +he found to be his stronghold. During the very +short portion of the examination which was devoted +to the common law, Mr. Randolph dissented, or +affected to dissent, from one of Mr. Henry’s answers, +<span class="pgnm"><a name="Page_25" id="Page_25">[Pg 25]</a></span> +and called upon him to assign the reasons +of his opinion. This produced an argument, and +Mr. Randolph now played off on him the same arts +which he himself had so often practiced on his +country customers; drawing him out by questions, +endeavoring to puzzle him by subtleties, assailing +him with declamation, and watching continually +the defensive operations of his mind. After a considerable +discussion, he said, ‘You defend your +opinions well, sir; but now to the law and to the +testimony.’ Hereupon he carried him to his office, +and, opening the authorities, said to him: ‘Behold +the force of natural reason! You have never seen +these books, nor this principle of the law; yet you +are right and I am wrong. And from the lesson +which you have given me (you must excuse me for +saying it) I will never trust to appearances again. +Mr. Henry, if your industry be only half equal to +your genius, I augur that you will do well, and +become an ornament and an honor to your +profession.’”<a name="FNanchor22" id="FNanchor22"></a><a href="#Footnote-22" class="fnanchor">[22]</a></p> + +<p>After such an ordeal at Williamsburg, the young +man must have ridden back to Hanover with some +natural elation over his success, but that elation +not a little tempered by serious reflection upon his +own deficiencies as a lawyer, and by an honest +purpose to correct them. Certainly nearly everything +that was dear to him in life must then have +risen before his eyes, and have incited him to industry +in the further study of his profession.<span class="pgnm"><a name="Page_26" id="Page_26">[Pg 26]</a></span></p> + +<p>At that time, his father-in-law had become the +keeper of a tavern in Hanover; and for the next +two or three years, while he was rapidly making +his way as a general practitioner of the law in that +neighborhood, Patrick seems occasionally to have +been a visitor at this tavern. It was in this way, +undoubtedly, that he sometimes acted as host, especially +in the absence of his father-in-law,—receiving +all comers, and providing for their entertainment; +and it was from this circumstance that +the tradition arose, as Jefferson bluntly expressed +it, that Patrick Henry “was originally a +barkeeper,”<a name="FNanchor23" id="FNanchor23"></a><a href="#Footnote-23" class="fnanchor">[23]</a> +or, as it is more vivaciously expressed +by a recent writer, that “for three years” after +getting his license to practice law, he “tended +travelers and drew +corks.”<a name="FNanchor24" id="FNanchor24"></a><a href="#Footnote-24" class="fnanchor">[24]</a></p> + +<p>These statements, however, are but an exaggeration +of the fact that, whenever visiting at the tavern +of his father-in-law, he had the good sense and +the good feeling to lend a hand, in case of need, +in the business of the house; and that no more +than this is true may be proved, not only from +the written testimony of +survivors,<a name="FNanchor25" id="FNanchor25"></a><a href="#Footnote-25" class="fnanchor">[25]</a> +who knew him +in those days, but from the contemporary records, +carefully kept by himself, of his own earliest business +as a lawyer. These records show that, almost +at once after receiving his license to practice law, +<span class="pgnm"><a name="Page_27" id="Page_27">[Pg 27]</a></span> +he must have been fully occupied with the appropriate +business of his profession.</p> + +<p>It is quite apparent, also, from the evidence just +referred to, that the common history of his life +has, in another particular, done great injustice to +this period of it. According to the recollection of +one old man who outlived him, “he was not distinguished +at the bar for near four +years.”<a name="FNanchor26" id="FNanchor26"></a><a href="#Footnote-26" class="fnanchor">[26]</a> +Wirt +himself, relying upon the statements of several +survivors of Patrick Henry, speaks of his lingering +“in the background for three years,” and of +“the profits of his practice” as being so inadequate +for the supply of even “the necessaries of life,” +that “for the first two or three years” he was living +with his family in dependence upon his +father-in-law.<a name="FNanchor27" id="FNanchor27"></a><a href="#Footnote-27" class="fnanchor">[27]</a> +Fortunately, however, we are not left in +this case to grope our way toward the truth amid +the ruins of the confused and decaying memories +of old men. Since Wirt’s time, there have come +to light the fee-books of Patrick Henry, carefully +and neatly kept by him from the beginning of his +practice, and covering nearly his entire professional +life down to old +age.<a name="FNanchor28" id="FNanchor28"></a><a href="#Footnote-28" class="fnanchor">[28]</a> +The first entry in +these books is for September, 1760; and from that +date onward to the end of the year 1763,—by +which time he had suddenly sprung into great +professional prominence by his speech in “the +Parsons’ Cause,”—he is found to have charged +<span class="pgnm"><a name="Page_28" id="Page_28">[Pg 28]</a></span> +fees in 1185 suits, besides many other fees for the +preparation of legal papers out of court. From +about the time of his speech in “the Parsons’ +Cause,” as his fee-books show, his practice became +enormous, and so continued to the end of his days, +excepting when public duties or broken health +compelled him to turn away clients. Thus it is +apparent that, while the young lawyer did not +attain anything more than local professional reputation +until his speech against the parsons, he did +acquire a very considerable practice almost immediately +after his admission to the bar. Moreover, +so far from his being a needy dependent on his +father-in-law for the first two or three years, the +same quiet records show that his practice enabled +him, even during that early period, to assist his +father-in-law by an important advance of money.</p> + +<p>The fiction that Patrick Henry, during the first +three or four years of his nominal career as a lawyer, +was a briefless barrister,—earning his living +at the bar of a tavern rather than at the bar of +justice,—is the very least of those disparaging +myths, which, through the frailty of human memory +and the bitterness of partisan ill-will, have +been permitted to settle upon his reputation. +Certainly, no one would think it discreditable, or +even surprising, if Patrick Henry, while still a +very young lawyer, should have had little or no +practice, provided only that, when the practice +did come, the young lawyer had shown himself to +have been a good one. It is precisely this +honor +<span class="pgnm"><a name="Page_29" id="Page_29">[Pg 29]</a></span> +which, during the past seventy years, has been +denied him. Upon the evidence thus far most +prominently before the public, one is compelled to +conceive of him as having been destitute of nearly +all the qualifications of a good lawyer, excepting +those which give success with juries, particularly +in criminal practice: he is represented as ignorant +of the law, indolent, and grossly negligent of business,—with +nothing, in fact, to give him the least +success in the profession but an abnormal and +quite unaccountable gift of persuasion through +speech.</p> + +<p>Referring to this period of his life, Wirt says:—</p> + +<div class="blockquot"><p>“Of the science of law he knew almost nothing; of +the practical part he was so wholly ignorant that he was +not only unable to draw a declaration or a plea, but incapable, +it is said, of the most common or simple business +of his profession, even of the mode of ordering a +suit, giving a notice, or making a motion in +court.”<a name="FNanchor29" id="FNanchor29"></a><a href="#Footnote-29" class="fnanchor">[29]</a></p> +</div> + +<p>This conception of Henry’s professional character, +to which Wirt seems to have come reluctantly, was +founded, as is now evident, on the long-suppressed +memorandum of Jefferson, who therein states that, +after failing in merchandise, Patrick “turned his +views to the law, for the acquisition or practice of +which however, he was too lazy. Whenever the +courts were closed for the winter session, he would +make up a party of poor hunters of his neighborhood, +would go off with them to the piny woods of +<span class="pgnm"><a name="Page_30" id="Page_30">[Pg 30]</a></span> +Fluvanna, and pass weeks in hunting deer, of +which he was passionately fond, sleeping under a +tent before a fire, wearing the same shirt the whole +time, and covering all the dirt of his dress with +a hunting-shirt. He never undertook to draw +pleadings, if he could avoid it, or to manage that +part of a cause, and very unwillingly engaged but +as an assistant to speak in the cause. And the +fee was an indispensable preliminary, observing to +the applicant that he kept no accounts, never putting +pen to paper, which was true.”<a name="FNanchor30" id="FNanchor30"></a><a href="#Footnote-30" class="fnanchor">[30]</a></p> + +<p>The last sentence of this passage, in which Jefferson +declares that it was true that Henry “kept +no accounts, never putting pen to paper,” is, of +course, now utterly set aside by the discovery of +the precious fee-books; and these orderly and circumstantial +records almost as completely annihilate +the trustworthiness of all the rest of the passage. +Let us consider, for example, Jefferson’s statement +that for the acquisition of the law, or for the practice +of it, Henry was too lazy, and that much of +the time between the sessions of the courts was +passed by him in deer-hunting in the woods. +Confining ourselves to the first three and a half +years of his actual practice, in which, by the record, +his practice was the smallest that he ever had, +it is not easy for one to understand how a mere +novice in the profession, and one so perfectly ignorant +of its most rudimental forms, could have +earned, during that brief period, the fees which he +<span class="pgnm"><a name="Page_31" id="Page_31">[Pg 31]</a></span> +charged in 1185 suits, and in the preparation of +many legal papers out of court, and still have been +seriously addicted to laziness. Indeed, if so much +legal business could have been transacted within +three years and a half, by a lawyer who, besides +being young and incompetent, was also extremely +lazy, and greatly preferred to go off to the woods +and hunt for deer while his clients were left to +hunt in vain for him, it becomes an interesting +question just how much legal business we ought to +expect to be done by a young lawyer who was not +incompetent, was not lazy, and had no inordinate +fondness for deer-hunting. It happens that young +Thomas Jefferson himself was just such a lawyer. +He began practice exactly seven years after Patrick +Henry, and at precisely the same time of life, +though under external circumstances far more favorable. +As a proof of his uncommon zeal and success +in the profession, his biographer, Randall, +cites from Jefferson’s fee-books the number of +cases in which he was employed until he was finally +drawn off from the law into political life. Oddly +enough, for the first four years of his practice, +the cases registered by Jefferson<a name="FNanchor31" id="FNanchor31"></a><a href="#Footnote-31" class="fnanchor">[31]</a> number, in all, +but 504. It should be mentioned that this number, +as it includes only Jefferson’s cases in the +General Court, does not indicate all the business +done by him during those first four years; and +yet, even with this allowance, we are left standing +rather helpless before the problem presented by +<span class="pgnm"><a name="Page_32" id="Page_32">[Pg 32]</a></span> +the fact that this competent and diligent young +lawyer—whom, forsooth, the rustling leaves of +the forest could never for once entice from the +rustle of the leaves of his law-books—did nevertheless +transact, during his own first four years of +practice, probably less than one half as much business +as seems to have been done during a somewhat +shorter space of time by our poor, ignorant, +indolent, slovenly, client-shunning and forest-haunting +Patrick.</p> + +<p>But, if Jefferson’s charge of professional indolence +and neglect on the part of his early friend +fares rather ill when tested by those minute and +plodding records of his professional employments +which were kept by Patrick Henry, a fate not +much more prosperous overtakes Jefferson’s other +charge,—that of professional incompetence. It +is more than intimated by Jefferson that, even had +Patrick been disposed to engage in a general law +practice, he did not know enough to do so successfully +by reason of his ignorance of the most ordinary +legal principles and legal forms. But the +intellectual embarrassment which one experiences +in trying to accept this view of Patrick Henry +arises from the simple fact that these incorrigible +fee-books show that it was precisely this general +law practice that he did engage in, both in court +and out of court; a practice only a small portion +of which was criminal, the larger part of it consisting +of the ordinary suits in country litigation; a +practice which certainly involved the drawing of +<span class="pgnm"><a name="Page_33" id="Page_33">[Pg 33]</a></span> +pleadings, and the preparation of many sorts of +legal papers; a practice, moreover, which he seems +to have acquired with extraordinary rapidity, and +to have maintained with increasing success as long +as he cared for it. These are items of history +which are likely to burden the ordinary reader +with no little perplexity,—a perplexity the elements +of which are thus modestly stated by a living +grandson of Patrick Henry: “How he acquired or +retained a practice so large and continually increasing, +so perfectly unfit for it as Mr. Jefferson +represents him, I am at a loss to understand.”<a name="FNanchor32" id="FNanchor32"></a><a href="#Footnote-32" class="fnanchor">[32]</a></p> + +<p>As we go further in the study of this man’s life, +we shall have before us ample materials for dealing +still further and still more definitely with the +subject of his professional character, as that character +itself became developed and matured. Meantime, +however, the evidence already in view seems +quite enough to enable us to form a tolerably clear +notion of the sort of lawyer he was down to the +end of 1763, which may be regarded as the period +of his novitiate at the bar. It is perfectly evident +that, at the time of his admission to the bar, he +knew very little of the law, either in its principles +or in its forms: he knew no more than could have +been learned by a young man of genius in the +course of four weeks in the study of Coke upon +Littleton, and of the laws of Virginia. If, now, +we are at liberty to suppose that his study of the +<span class="pgnm"><a name="Page_34" id="Page_34">[Pg 34]</a></span> +law then ceased, we may accept the view of his +professional incompetence held up by Jefferson; +but precisely that is what we are not at liberty to +suppose. All the evidence, fairly sifted, warrants +the belief that, on his return to Hanover with his +license to practice law, he used the next few months +in the further study of it; and that thenceforward, +just so fast as professional business came to his +hands, he tried to qualify himself to do that business, +and to do it so well that his clients should +be inclined to come to him again in case of need. +Patrick Henry’s is not the first case, neither is it +the last one, of a man coming to the bar miserably +unqualified for its duties, but afterward becoming +well qualified. We need not imagine, we do not +imagine, that he ever became a man of great learning +in the law; but we do find it impossible to +believe that he continued to be a man of great +ignorance in it. The law, indeed, is the one profession +on earth in which such success as he is +proved to have had, is impossible to such incompetence +as he is said to have had. Moreover, in +trying to form a just idea of Patrick Henry, it is +never safe to forget that we have to do with a man +of genius, and that the ways by which a man of +genius reaches his results are necessarily his own,—are +often invisible, are always somewhat mysterious, +to the rest of us. The genius of Patrick +Henry was powerful, intuitive, swift; by a glance +of the eye he could take in what an ordinary man +might spend hours in toiling for; his memory held +<span class="pgnm"><a name="Page_35" id="Page_35">[Pg 35]</a></span> +whatever was once committed to it; all his resources +were at instant command; his faculty for +debate, his imagination, humor, tact, diction, elocution, +were rich and exquisite; he was also a man +of human and friendly ways, whom all men loved, +and whom all men wanted to help; and it would +not have been strange if he actually fitted himself +for the successful practice of such law business as +was then to be had in Virginia, and actually entered +upon its successful practice with a quickness +the exact processes of which were unperceived even +by his nearest neighbors.</p> + + + +<div class="footnotes"> +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-18" id="Footnote-18"></a><a href="#FNanchor18"><span class="label">[18]</span></a> Wirt, 16.</p></div> + +<div class="footnote"><p><a name="Footnote-19" id="Footnote-19"></a><a href="#FNanchor19"><span class="label">[19]</span></a> Curtis, <i>Life of Webster</i>, i. 584.</p></div> + +<div class="footnote"><p><a name="Footnote-20" id="Footnote-20"></a><a href="#FNanchor20"><span class="label">[20]</span></a> First printed in the Philadelphia <i>Age</i>, in 1867; and again +printed, from the original manuscript, in <i>The Historical Magazine</i>, +August, 1867, 90-93. I quote from the latter.</p></div> + +<div class="footnote"><p><a name="Footnote-21" id="Footnote-21"></a><a href="#FNanchor21"><span class="label">[21]</span></a> Jefferson’s memorandum, <i>Hist. Mag.</i> for August, 1867, 90.</p></div> + +<div class="footnote"><p><a name="Footnote-22" id="Footnote-22"></a><a href="#FNanchor22"><span class="label">[22]</span></a> Wirt, 16, 17.</p></div> + +<div class="footnote"><p><a name="Footnote-23" id="Footnote-23"></a><a href="#FNanchor23"><span class="label">[23]</span></a> Curtis, <i>Life of Webster</i>, i. 584.</p></div> + +<div class="footnote"><p><a name="Footnote-24" id="Footnote-24"></a><a href="#FNanchor24"><span class="label">[24]</span></a> McMaster, <i>Hist. of U. S.</i> i. 489.</p></div> + +<div class="footnote"><p><a name="Footnote-25" id="Footnote-25"></a><a href="#FNanchor25"><span class="label">[25]</span></a> I have carefully examined this testimony, which is still in +manuscript.</p></div> + +<div class="footnote"><p><a name="Footnote-26" id="Footnote-26"></a><a href="#FNanchor26"><span class="label">[26]</span></a> Judge Winston, MS.</p></div> + +<div class="footnote"><p><a name="Footnote-27" id="Footnote-27"></a><a href="#FNanchor27"><span class="label">[27]</span></a> Wirt, 18, 19.</p></div> + +<div class="footnote"><p><a name="Footnote-28" id="Footnote-28"></a><a href="#FNanchor28"><span class="label">[28]</span></a> These fee-books are now in the possession of Mr. William +Wirt Henry, of Richmond.</p></div> + +<div class="footnote"><p><a name="Footnote-29" id="Footnote-29"></a><a href="#FNanchor29"><span class="label">[29]</span></a> Wirt, 18.</p></div> + +<div class="footnote"><p><a name="Footnote-30" id="Footnote-30"></a><a href="#FNanchor30"><span class="label">[30]</span></a> <i>Hist. Mag.</i> for 1867, 93.</p></div> + +<div class="footnote"><p><a name="Footnote-31" id="Footnote-31"></a><a href="#FNanchor31"><span class="label">[31]</span></a> Randall, <i>Life of Jefferson</i>, i. 47, 48.</p></div> + +<div class="footnote"><p><a name="Footnote-32" id="Footnote-32"></a><a href="#FNanchor32"><span class="label">[32]</span></a> William Wirt Henry, <i>Character and Public Career of Patrick +Henry</i>, 3.</p></div> +</div> + + +<p><span class="pgnm"><a name="Page_36" id="Page_36">[Pg 36]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER IV <br /> +<span class="hsub">A CELEBRATED CASE</span></h2> + + +<p>Thus Patrick Henry had been for nearly four +years in the practice of the law, with a vigor and a +success quite extraordinary, when, late in the year +1763, he became concerned in a case so charged +with popular interest, and so well suited to the +display of his own marvellous genius as an advocate, +as to make both him and his case immediately +celebrated.</p> + +<p>The side upon which he was retained happened +to be the wrong side,—wrong both in law and in +equity; having only this element of strength in it, +namely, that by a combination of circumstances +there were enlisted in its favor precisely those +passions of the multitude which are the most selfish, +the most blinding, and at the same time the +most energetic. It only needed an advocate skilful +enough to play effectively upon these passions, +and a storm would be raised before which mere +considerations of law and of equity would be swept +out of sight.</p> + +<p>In order to understand the real issue presented +by “the Parsons’ Cause,” and consequently the +essential weakness of the side to the service of +<span class="pgnm"><a name="Page_37" id="Page_37">[Pg 37]</a></span> +which our young lawyer was now summoned, we +shall need to turn about and take a brief tour into +the earlier history of Virginia. In that colony, +from the beginning, the Church of England was +established by law, and was supported, like any +other institution of the government, by revenues +derived from taxation,—taxation levied in this +case upon nearly all persons in the colony above +the age of sixteen years. Moreover, those local +subdivisions which, in the Northern colonies, were +called towns, in Virginia were called parishes; and +accordingly, in the latter, the usual local officers +who manage the public business for each civil +neighborhood were called, not selectmen or supervisors, +as at the North, but vestrymen. Among +the functions conferred by the law upon these local +officers in Virginia was that of hiring the rector or +minister, and of paying him his salary; and the +same authority which gave to the vestry this power +fixed likewise the precise amount of salary which +they were to pay. Ever since the early days of +the colony, this amount had been stated, not in +money, which hardly existed there, but in tobacco, +which was the staple of the colony. Sometimes +the market value of tobacco would be very low,—so +low that the portion paid to the minister would +yield a sum quite insufficient for his support; and +on such occasions, prior to 1692, the parishes had +often kindly made up for such depreciation by +voluntarily paying an extra quantity of tobacco.<a name="FNanchor33" id="FNanchor33"></a><a href="#Footnote-33" class="fnanchor">[33]</a><span class="pgnm"><a name="Page_38" id="Page_38">[Pg 38]</a></span> +After 1692, however, for reasons which need not +now be detailed, this generous custom seems to +have disappeared. For example, from 1709 to +1714, the price of tobacco was so low as to make +its shipment to England, in many instances, a +positive loss to its owner; while the sale of it on +the spot was so disadvantageous as to reduce the +minister’s salary to about £25 a year, as reckoned +in the depreciated paper currency of the colony. +Of course, during those years, the distress of the +clergy was very great; but, whatever it may have +been, they were permitted to bear it, without any +suggestion, either from the legislature or from the +vestries, looking toward the least addition to the +quantity of tobacco then to be paid them. On +the other hand, from 1714 to 1720, the price of +tobacco rose considerably above the average, and +did something towards making up to the clergy the +losses which they had recently incurred. Then, +again, from 1720 to 1724, tobacco fell to the low +price of the former period, and of course with the +same results of unrelieved loss to the clergy.<a name="FNanchor34" id="FNanchor34"></a><a href="#Footnote-34" class="fnanchor">[34]</a> +Thus, however, in the process of time, there had +become established, in the fiscal relations of each +vestry to its minister, a rough but obvious system +of fair play. When the price of tobacco was +down, the parson was expected to suffer the loss; +when the price of tobacco was up, he was allowed +to enjoy the gain. Probably it did not then occur +to any one that a majority of the good people of +<span class="pgnm"><a name="Page_39" id="Page_39">[Pg 39]</a></span> +Virginia could ever be brought to demand such a +mutilation of justice as would be involved in depriving +the parson of the occasional advantage of +a very good market, and of making up for this by +always leaving to him the undisturbed enjoyment +of every occasional bad one. Yet it was just this +mutilation of justice which, only a few years later, +a majority of the good people of Virginia were +actually brought to demand, and which, by the +youthful genius of Patrick Henry, they were too +well aided in effecting.</p> + +<p>Returning now from our brief tour into a period +of Virginian history just prior to that upon which +we are at present engaged, we find ourselves arrived +at the year 1748, in which year the legislature +of Virginia, revising all previous regulations +respecting the hiring and paying of the clergy, +passed an act, directing that every parish minister +should “receive an annual salary of 16,000 pounds +of tobacco, … to be levied, assessed, collected, +and paid” by the vestry. “And if the vestry of +any parish” should “neglect or refuse to levy the +tobacco due to the minister,” they should “be liable +to the action of the party grieved … for +all damages which he … shall sustain by such +refusal or +neglect.”<a name="FNanchor35" id="FNanchor35"></a><a href="#Footnote-35" class="fnanchor">[35]</a> +This act of the colonial legislature, +having been duly approved by the king, +became a law, and consequently was not liable to +repeal or even to suspension except by the king’s +approval. Thus, at the period now reached, there +<span class="pgnm"><a name="Page_40" id="Page_40">[Pg 40]</a></span> +was between every vestry and its minister a valid +contract for the annual payment, by the former to +the latter, of that particular quantity of tobacco,—the +clergy to take their chances as to the market +value of the product from year to year.</p> + +<p>Thus matters ran on until 1755, when, by reason +of a diminished crop of tobacco, the legislature +passed an option +law,<a name="FNanchor36" id="FNanchor36"></a><a href="#Footnote-36" class="fnanchor">[36]</a> +virtually suspending for +the next ten months the Act of 1748, and requiring +the clergy, at the option of the vestries, to +receive their salaries for that year, not in tobacco, +but in the depreciated paper currency of the colony, +at the rate of two pence for each pound of +tobacco due,—a price somewhat below the market +value of the article for that year. Most clearly +this act, which struck an arbitrary blow at the +validity of all contracts in Virginia, was one which +exceeded the constitutional authority of the legislature; +since it suspended, without the royal approval, +a law which had been regularly ratified by +the king. However, the operation of this act was +shrewdly limited to ten months,—a period just +long enough to accomplish its object, but too short +for the royal intervention against it to be of any +direct avail. Under these circumstances, the clergy +bore their losses for that year with some murmuring +indeed, but without any formal +protest.<a name="FNanchor37" id="FNanchor37"></a><a href="#Footnote-37" class="fnanchor">[37]</a> +</p> + +<p>Just three years afterward, in 1758, the legislature, +with even less excuse than before, passed an +<span class="pgnm"><a name="Page_41" id="Page_41">[Pg 41]</a></span> +act<a name="FNanchor38" id="FNanchor38"></a><a href="#Footnote-38" class="fnanchor">[38]</a> +similar to that of 1755,—its force, however, +being limited to twelve months. The operation of +this act, as affecting each parish minister, may be +conveyed in very few words. In lieu of what was +due him under the law for his year’s services, +namely, 16,000 pounds of tobacco, the market +value of which for the year in question proved to +be about £400 sterling, it compelled him to take, +in the paper money of the colony, the sum of about +£133. To make matters still worse, while the +tobacco which was due him was an instant and an +advantageous medium of exchange everywhere, +and especially in England whence nearly all his +merchant supplies were obtained, this paper money +that was forced upon him was a depreciated currency +even within the colony, and absolutely worthless +outside of it; so that the poor parson, who +could never demand his salary for any year until +six full months after its close, would have proffered +to him, at the end, perhaps, of another six months, +just one third of the nominal sum due him, and +that in a species of money of no value at all except +in Virginia, and even in Virginia of a purchasing +value not exceeding that of £20 sterling in +England.<a name="FNanchor39" id="FNanchor39"></a><a href="#Footnote-39" class="fnanchor">[39]</a> +</p> + +<p>Nor, in justification of such a measure, could it +be truthfully said that there was at that time in +the colony any general “dearth and +scarcity,”<a name="FNanchor40" id="FNanchor40"></a><a href="#Footnote-40" class="fnanchor">[40]</a> +or +<span class="pgnm"><a name="Page_42" id="Page_42">[Pg 42]</a></span> +any such public distress of any sort as might overrule +the ordinary maxims of justice, and excuse, +in the name of humanity, a merely technical violation +of law. As a matter of fact, the only “dearth +and scarcity” in Virginia that year was “confined +to one or two counties on James River, and that +entirely owing to their own +fault;”<a name="FNanchor41" id="FNanchor41"></a><a href="#Footnote-41" class="fnanchor">[41]</a> +wherever +there was any failure of the tobacco crop, it was +due to the killing of the plants so early in the +spring, that such land did not need to lie uncultivated, +and in most cases was planted “in corn and +pease, which always turned to good +account;”<a name="FNanchor42" id="FNanchor42"></a><a href="#Footnote-42" class="fnanchor">[42]</a> +and although, for the whole colony, the crop of +tobacco “was short in quantity,” yet “in cash +value it proved to be the best crop that Virginia +had ever had” since the settlement of the +colony.<a name="FNanchor43" id="FNanchor43"></a><a href="#Footnote-43" class="fnanchor">[43]</a> +Finally, it was by no means the welfare of the +poor that “was the object, or the effect, of the +law;” but it was “the rich planters” who, first +selling their tobacco at about fifty shillings the +hundred, and then paying to the clergy and others +their tobacco debts at the rate of sixteen shillings +the hundred, were “the chief gainers” by the +act.<a name="FNanchor44" id="FNanchor44"></a><a href="#Footnote-44" class="fnanchor">[44]</a> +</p> + +<p>Such, then, in all its fresh and unadorned rascality, +was the famous “option law,” or “two-penny +act,” of 1758: an act firmly opposed, on its +first appearance in the legislature, by a noble +<span class="pgnm"><a name="Page_43" id="Page_43">[Pg 43]</a></span> +minority of honorable men; an act clearly indicating +among a portion of the people of Virginia a +survival of the old robber instincts of our Norse +ancestors; an act having there the sort of frantic +popularity that all laws are likely to have which +give a dishonest advantage to the debtor class,—and +in Virginia, unfortunately, on the subject of +salaries due to the clergy, nearly all persons above +sixteen years of age belonged to that +class.<a name="FNanchor45" id="FNanchor45"></a><a href="#Footnote-45" class="fnanchor">[45]</a> +</p> + +<p>At the time when this act was before the legislature +for consideration, the clergy applied for a +hearing, but were refused. Upon its passage by +the two houses, the clergy applied to the acting +governor, hoping to obtain his disapproval of the +act; but his reply was an unblushing avowal of +<span class="pgnm"><a name="Page_44" id="Page_44">[Pg 44]</a></span> +his determination to pursue any course, right or +wrong, which would bring him popular favor. +They then sent one of their own number to England, +for the purpose of soliciting the royal disallowance +of the act. After a full hearing of both +sides, the privy council gave it as their opinion +that the clergy of Virginia had their “certain +remedy at law;” Lord Hardwicke, in particular, +declaring that “there was no occasion to dispute +about the authority by which the act was passed; +for that no court in the judicature whatever could +look upon it to be law, by reason of its manifest +injustice +alone.”<a name="FNanchor46" id="FNanchor46"></a><a href="#Footnote-46" class="fnanchor">[46]</a> +Accordingly, the royal disallowance +was granted. Upon the arrival in Virginia +of these tidings, several of the clergy began +suits against their respective vestries, for the purpose +of compelling them to pay the amounts then +legally due upon their salaries for the year 1758.</p> + +<p>Of these suits, the first to come to trial was that +of the Rev. Thomas Warrington, in the County +Court of Elizabeth City. In that case, “a jury +of his own parishioners found for him considerable +damages, allowing on their oaths that there was +above twice as much justly due to him as the act +had granted;”<a name="FNanchor47" id="FNanchor47"></a><a href="#Footnote-47" class="fnanchor">[47]</a> +but “the court hindered him from +immediately coming at the damages, by judging +the act to be law, in which it is thought they were +influenced more by the fear of giving offense to +their superiors, than by their own opinion of the +<span class="pgnm"><a name="Page_45" id="Page_45">[Pg 45]</a></span> +reasonableness of the act,—they privately professing +that they thought the parson ought to have +his right.”<a name="FNanchor48" id="FNanchor48"></a><a href="#Footnote-48" class="fnanchor">[48]</a> +</p> + +<p>Soon afterward came to trial, in the court of +King William County, the suit of the Rev. Alexander +White, rector of St. David’s parish. In +this case, the court, instead of either sustaining or +rejecting the disallowed act, simply shirked their +responsibility, “refused to meddle in the matter, +and insisted on leaving the whole affair to the +jury;” who being thus freed from all judicial control, +straightway rendered a verdict of neat and +comprehensive lawlessness: “We bring in for the +defendant.”<a name="FNanchor49" id="FNanchor49"></a><a href="#Footnote-49" class="fnanchor">[49]</a> +</p> + +<p>It was at this stage of affairs that the court of +Hanover County reached the case of the Rev. +James Maury, rector of Fredericksville parish, +Louisa; and the court, having before it the evidence +of the royal disallowance of the Act of 1758, +squarely “adjudged the act to be no law.” Of +course, under this decision, but one result seemed +possible. As the court had thus rejected the validity +of the act whereby the vestry had withheld +from their parson two thirds of his salary for the +year 1758, it only remained to summon a special +jury on a writ of inquiry to determine the damages +thus sustained by the parson; and as this was a +very simple question of arithmetic, the counsel for +the defendants expressed his desire to withdraw +from the case. +<span class="pgnm"><a name="Page_46" id="Page_46">[Pg 46]</a></span> +</p> + +<p>Such was the situation, when these defendants, +having been assured by their counsel that all further +struggle would be hopeless, turned for help +to the enterprising young lawyer who, in that very +place, had been for the previous three and a half +years pushing his way to notice in his profession. +To him, accordingly, they brought their cause,—a +desperate cause, truly,—a cause already lost +and abandoned by veteran and eminent counsel. +Undoubtedly, by the ethics of his profession, Patrick +Henry was bound to accept the retainer that +was thus tendered him; and, undoubtedly, by the +organization of his own mind, having once accepted +that retainer, he was likely to devote to the cause +no tepid or half-hearted service.</p> + +<p>The decision of the court, which has been referred +to, was rendered at its November session. +On the first day of the session in December, the +order was executed for summoning a select jury +“to examine whether the plaintiff had sustained +any damages, and +what.”<a name="FNanchor50" id="FNanchor50"></a><a href="#Footnote-50" class="fnanchor">[50]</a> +Obviously, in the determination +of these two questions, much would +depend on the personal composition of the jury; +and it is apparent that this matter was diligently +attended to by the sheriff. His plan seems to +have been to secure a good, honest jury of twelve +adult male persons, but without having among +them a single one of those over-scrupulous and +intractable people who, in Virginia, at that time, +were still technically described as gentlemen. +<span class="pgnm"><a name="Page_47" id="Page_47">[Pg 47]</a></span> +With what delicacy and efficiency he managed this +part of the business was thus described shortly afterward +by the plaintiff, of course a deeply interested +eye-witness:—</p> + +<div class="blockquot"><p>“The sheriff went into a public room full of gentlemen, +and told his errand. One excused himself … as +having already given his opinion in a similar case. On +this, … he immediately left the room, without summoning +any one person there. He afterwards met another +gentleman … on the green, and, on saying he +was not fit to serve, being a church warden, he took upon +himself to excuse him, too, and, as far as I can learn +made no further attempts to summon gentlemen.… Hence +he went among the vulgar herd. After he had +selected and set down upon his list about eight or ten of +these, I met him with it in his hand, and on looking +over it, observed to him that they were not such jurors +as the court had directed him to get,—being people of +whom I had never heard before, except one whom, I told +him, he knew to be a party in the cause.… Yet this +man’s name was not erased. He was even called in +court, and had he not excused himself, would probably +have been admitted. For I cannot recollect that the +court expressed either surprise or dislike that a more +proper jury had not been summoned. Nay, though I +objected against them, yet, as Patrick Henry, one of the +defendants’ lawyers, insisted they were honest men, and, +therefore, unexceptionable, they were immediately called +to the book and +sworn.”<a name="FNanchor51" id="FNanchor51"></a><a href="#Footnote-51" class="fnanchor">[51]</a> +</p> +</div> + +<p>Having thus secured a jury that must have been +reasonably satisfactory to the defendants, the hearing +<span class="pgnm"><a name="Page_48" id="Page_48">[Pg 48]</a></span> +began. Two gentlemen, being the largest purchasers +of tobacco in the county, were then sworn +as witnesses to prove the market price of the article +in 1759. By their testimony it was established +that the price was then more than three times as +much as had been estimated in the payment of +paper money actually made to the plaintiff in that +year. Upon this state of facts, “the lawyers on +both sides” proceeded to display “the force and +weight of the evidence;” after which the case was +given to the jury. “In less than five minutes,” +they “brought in a verdict for the plaintiff,—one +penny damages.”<a name="FNanchor52" id="FNanchor52"></a><a href="#Footnote-52" class="fnanchor">[52]</a> +</p> + +<p>Just how the jury were induced, in the face of +the previous judgment of that very court, to render +this astounding verdict, has been described in +two narratives: one by William Wirt, written +about fifty years after the event; the other by the +injured plaintiff himself, the Rev. James Maury, +written exactly twelve days after the event. Few +things touching the life of Patrick Henry can be +more notable or more instructive than the contrast +presented by these two narratives.</p> + +<p>On reaching the scene of action, on the 1st of +December, Patrick Henry “found,” says Wirt,—</p> + +<div class="blockquot"><p>“on the courtyard such a concourse as would have appalled +any other man in his situation. They were not people +of the county merely who were there, but visitors from +all the counties to a considerable distance around. The +decision upon the demurrer had produced a violent ferment +<span class="pgnm"><a name="Page_49" id="Page_49">[Pg 49]</a></span> +among the people, and equal exultation on the +part of the clergy, who attended the court in a large +body, either to look down opposition, or to enjoy the +final triumph of this hard fought contest, which they +now considered as perfectly secure.… Soon after the +opening of the court the cause was called.… The +array before Mr. Henry’s eyes was now most fearful. +On the bench sat more than twenty clergymen, the most +learned men in the colony.… The courthouse was +crowded with an overwhelming multitude, and surrounded +with an immense and anxious throng, who, not +finding room to enter, were endeavoring to listen without +in the deepest attention. But there was something +still more awfully disconcerting than all this; for in the +chair of the presiding magistrate sat no other person +than his own father. Mr. Lyons opened the cause very +briefly.… And now came on the first trial of Patrick +Henry’s strength. No one had ever heard him +speak,<a name="FNanchor53" id="FNanchor53"></a><a href="#Footnote-53" class="fnanchor">[53]</a> +and curiosity was on tiptoe. He rose very awkwardly, +and faltered much in his exordium. The people hung +their heads at so unpromising a commencement; the +clergy were observed to exchange sly looks with each +other; and his father is described as having almost +sunk with confusion, from his seat. But these feelings +were of short duration, and soon gave place to others +of a very different character. For now were those wonderful +faculties which he possessed, for the first time +developed; and now was first witnessed that mysterious +and almost supernatural transformation of appearance, +which the fire of his own eloquence never failed to work +in him. For as his mind rolled along, and began to +<span class="pgnm"><a name="Page_50" id="Page_50">[Pg 50]</a></span> +glow from its own action, all the exuviæ of the clown +seemed to shed themselves spontaneously. His attitude, +by degrees, became erect and lofty. The spirit of his +genius awakened all his features. His countenance +shone with a nobleness and grandeur which it had never +before exhibited. There was a lightning in his eyes +which seemed to rive the spectator. His action became +graceful, bold, and commanding; and in the tones of +his voice, but more especially in his emphasis, there was +a peculiar charm, a magic, of which any one who ever +heard him will speak as soon as he is named, but of +which no one can give any adequate description. They +can only say that it struck upon the ear and upon the +heart, in a manner which language cannot tell. Add to +all these, his wonder-working fancy, and the peculiar +phraseology in which he clothed its images: for he +painted to the heart with a force that almost petrified it. +In the language of those who heard him on this occasion, +‘he made their blood run cold, and their hair to +rise on end.’</p> + +<p>“It will not be difficult for any one who ever heard +this most extraordinary man, to believe the whole account +of this transaction which is given by his surviving +hearers; and from their account, the court house of +Hanover County must have exhibited, on this occasion, +a scene as picturesque as has been ever witnessed in +real life. They say that the people, whose countenance +had fallen as he arose, had heard but a very few sentences +before they began to look up; then to look at +each other with surprise, as if doubting the evidence +of their own senses; then, attracted by some strong gesture, +struck by some majestic attitude, fascinated by the +spell of his eye, the charm of his emphasis, and the +<span class="pgnm"><a name="Page_51" id="Page_51">[Pg 51]</a></span> +varied and commanding expression of his countenance, +they could look away no more. In less than twenty +minutes, they might be seen in every part of the house, +on every bench, in every window, stooping forward from +their stands, in death-like silence; their features fixed +in amazement and awe; all their senses listening and +riveted upon the speaker, as if to catch the least strain +of some heavenly visitant. The mockery of the clergy +was soon turned into alarm; their triumph into confusion +and despair; and at one burst of his rapid and +overwhelming invective, they fled from the house in precipitation +and terror. As for the father, such was his +surprise, such his amazement, such his rapture, that, forgetting +where he was, and the character which he was +filling, tears of ecstasy streamed down his cheeks, without +the power or inclination to repress them.</p> + +<p>“The jury seem to have been so completely bewildered, +that they lost sight not only of the Act of 1748, +but that of 1758 also; for, thoughtless even of the admitted +right of the plaintiff, they had scarcely left the +bar, when they returned with a verdict of one penny +damages. A motion was made for a new trial; but the +court, too, had now lost the equipoise of their judgment, +and overruled the motion by an unanimous vote. The +verdict and judgment overruling the motion were followed +by redoubled acclamations, from within and without +the house. The people, who had with difficulty +kept their hands off their champion from the moment +of closing his harangue, no sooner saw the fate of the +cause finally sealed, than they seized him at the bar; +and in spite of his own exertions, and the continued cry +of order from the sheriffs and the court, they bore him +out of the courthouse, and raising him on their shoulders, +<span class="pgnm"><a name="Page_52" id="Page_52">[Pg 52]</a></span> +carried him about the yard, in a kind of electioneering +triumph.”<a name="FNanchor54" id="FNanchor54"></a><a href="#Footnote-54" class="fnanchor">[54]</a> +</p> +</div> + +<p>At the time when Wirt wrote this rhapsody, he +was unable, as he tells us, to procure from any +quarter a rational account of the line of argument +taken by Patrick Henry, or even of any other than +a single topic alluded to by him in the course of +his speech,—they who heard the speech saying +“that when it was over, they felt as if they had +just awaked from some ecstatic dream, of which +they were unable to recall or connect the +particulars.”<a name="FNanchor55" id="FNanchor55"></a><a href="#Footnote-55" class="fnanchor">[55]</a> +</p> + +<p>There was present in that assemblage, however, +at least one person who listened to the young orator +without falling into an ecstatic dream, and whose +senses were so well preserved to him through it all +that he was able, a few days afterward, while the +whole occasion was fresh in his memory, to place +upon record a clear and connected version of the +wonder-working speech. This version is to be +found in a letter written by the plaintiff on the +12th of December, 1763, and has been brought to +light only within recent years.</p> + +<p>After giving, for the benefit of the learned +counsel by whom the cause was to be managed, on +appeal, in the general court, a lucid and rather +critical account of the whole proceeding, Maury +adds:—</p> + + +<div class="blockquot"> +<p>“One occurrence more, though not essential to the +<span class="pgnm"><a name="Page_53" id="Page_53">[Pg 53]</a></span> +cause, I can’t help mentioning.… Mr. Henry, mentioned +above (who had been called in by the defendants, +as we suspected, to do what I some time ago told you +of), after Mr. Lyons had opened the cause, rose and +harangued the jury for near an hour. This harangue +turned upon points as much out of his own depth, and +that of the jury, as they were foreign from the purpose,—which +it would be impertinent to mention here. +However, after he had discussed those points, he labored +to prove ‘that the Act of 1758 had every characteristic +of a good law; that it was a law of general utility, +and could not, consistently with what he called the +original compact between the king and people … be +annulled.’ Hence he inferred, ‘that a king, by disallowing +acts of this salutary nature, from being the father +of his people, degenerated into a tyrant, and forfeits +all right to his subjects’ obedience.’ He further urged +‘that the only use of an established church and clergy +in society, is to enforce obedience to civil sanctions, and +the observance of those which are called duties of imperfect +obligation; that when a clergy ceases to answer +these ends, the community have no further need of their +ministry, and may justly strip them of their appointments; +that the clergy of Virginia, in this particular +instance of their refusing to acquiesce in the law in question, +had been so far from answering, that they had +most notoriously counteracted, those great ends of their +institution; that, therefore, instead of useful members +of the state, they ought to be considered as enemies of +the community; and that, in the case now before them, +Mr. Maury, instead of countenance, and protection, and +damages, very justly deserved to be punished with signal +severity.’ And then he perorates to the following +<span class="pgnm"><a name="Page_54" id="Page_54">[Pg 54]</a></span> +purpose, ‘that excepting they (the jury) were disposed +to rivet the chains of bondage on their own necks, he +hoped they would not let slip the opportunity which +now offered, of making such an example of him as +might, hereafter, be a warning to himself and his brethren, +not to have the temerity, for the future, to dispute +the validity of such laws, authenticated by the only authority +which, in his conception, could give force to laws +for the government of this colony,—the authority of a +legal representative of a council, and of a kind and benevolent +and patriot governor.’ You’ll observe I do +not pretend to remember his words, but take this to +have been the sum and substance of this part of his +labored oration. When he came to that part of it where +he undertook to assert ‘that a king, by annulling or disallowing +acts of so salutary a nature, from being the +father of his people, degenerated into a tyrant, and forfeits +all right to his subjects’ obedience,’ the more sober +part of the audience were struck with horror. Mr. +Lyons called out aloud, and with an honest warmth, to +the Bench, ‘that the gentleman had spoken treason,’ +and expressed his astonishment, ‘that their worships +could hear it without emotion, or any mark of dissatisfaction.’ +At the same instant, too, amongst some gentlemen +in the crowd behind me, was a confused murmur +of ‘treason, treason!’ Yet Mr. Henry went on in +the same treasonable and licentious strain, without interruption +from the Bench, nay, even without receiving the +least exterior notice of their disapprobation. One of +the jury, too, was so highly pleased with these doctrines, +that, as I was afterwards told, he every now and then +gave the traitorous declaimer a nod of approbation. After +the court was adjourned, he apologized to me for what he +<span class="pgnm"><a name="Page_55" id="Page_55">[Pg 55]</a></span> +had said, alleging that his sole view in engaging in the +cause, and in saying what he had, was to render himself +popular. You see, then, it is so clear a point in this +person’s opinion that the ready road to popularity here +is to trample under foot the interests of religion, the +rights of the church, and the prerogatives of the +crown.”<a name="FNanchor56" id="FNanchor56"></a><a href="#Footnote-56" class="fnanchor">[56]</a> +</p> +</div> + + +<div class="footnotes"> + +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-33" id="Footnote-33"></a><a href="#FNanchor33"><span class="label">[33]</span></a> Perry, <i>Hist. Coll.</i> i. 12.</p></div> + +<div class="footnote"><p><a name="Footnote-34" id="Footnote-34"></a><a href="#FNanchor34"><span class="label">[34]</span></a> Perry, <i>Hist. Coll.</i> 316, 317.</p></div> + +<div class="footnote"><p><a name="Footnote-35" id="Footnote-35"></a><a href="#FNanchor35"><span class="label">[35]</span></a> Hening, <i>Statutes at Large</i>, vi. 88, 89.</p></div> + +<div class="footnote"><p><a name="Footnote-36" id="Footnote-36"></a><a href="#FNanchor36"><span class="label">[36]</span></a> <i>Ibid.</i> vi. 568, 569.</p></div> + +<div class="footnote"><p><a name="Footnote-37" id="Footnote-37"></a><a href="#FNanchor37"><span class="label">[37]</span></a> Perry, <i>Hist. Coll.</i> i. 508, 509.</p></div> + +<div class="footnote"><p><a name="Footnote-38" id="Footnote-38"></a><a href="#FNanchor38"><span class="label">[38]</span></a> Hening, <i>Statutes at Large</i>, vii. 240, 241.</p></div> + +<div class="footnote"><p><a name="Footnote-39" id="Footnote-39"></a><a href="#FNanchor39"><span class="label">[39]</span></a> Perry, <i>Hist. Coll.</i> i. 467, 468.</p></div> + +<div class="footnote"><p><a name="Footnote-40" id="Footnote-40"></a><a href="#FNanchor40"><span class="label">[40]</span></a> As was alleged in Richard Bland’s <i>Letter to the Clergy</i>, 17.</p></div> + +<div class="footnote"><p><a name="Footnote-41" id="Footnote-41"></a><a href="#FNanchor41"><span class="label">[41]</span></a> Perry, <i>Hist. Coll.</i> i. 467.</p></div> + +<div class="footnote"><p><a name="Footnote-42" id="Footnote-42"></a><a href="#FNanchor42"><span class="label">[42]</span></a> <i>Ibid.</i> i. 466.</p></div> + +<div class="footnote"><p><a name="Footnote-43" id="Footnote-43"></a><a href="#FNanchor43"><span class="label">[43]</span></a> <i>Ibid.</i> i. 465, 466.</p></div> + +<div class="footnote"><p><a name="Footnote-44" id="Footnote-44"></a><a href="#FNanchor44"><span class="label">[44]</span></a> Meade, <i>Old Families of Virginia</i>, i. 223.</p></div> + +<div class="footnote"><p><a name="Footnote-45" id="Footnote-45"></a><a href="#FNanchor45"><span class="label">[45]</span></a> In the account here given of these Virginia “option laws,” +I have been obliged, by lack of space, to give somewhat curtly +the bald results of rather careful studies which I have made upon +the question in all accessible documents of the period; and I have +not been at liberty to state many things, on both sides of the question, +which would be necessary to a complete discussion of the +subject. For instance, among the motives to be mentioned for +the popularity of laws whose chief effects were to diminish the +pay of the established clergy, should be considered those connected +with a growing dissent from the established church in Virginia, +and particularly with the very human dislike which even +churchmen might have to paying in the form of a compulsory tax +what they would have cheerfully paid in the form of a voluntary +contribution. Perhaps the best modern defense of these laws is +by A. H. Everett, in his <i>Life of Henry</i>, 230-233; but his statements +seem to be founded on imperfect information. Wirt, publishing +his opinion under the responsibility of his great professional +and official position, affirms that on the whole question, +“the clergy had much the best of the argument.” <i>Life of Henry,</i> +22.</p></div> + +<div class="footnote"><p><a name="Footnote-46" id="Footnote-46"></a><a href="#FNanchor46"><span class="label">[46]</span></a> Perry, <i>Hist. Coll.</i> i. 510.</p></div> + +<div class="footnote"><p><a name="Footnote-47" id="Footnote-47"></a><a href="#FNanchor47"><span class="label">[47]</span></a> <i>Ibid.</i> i. 513, 514.</p></div> + +<div class="footnote"><p><a name="Footnote-48" id="Footnote-48"></a><a href="#FNanchor48"><span class="label">[48]</span></a> <i>Ibid.</i> i. 496, 497.</p></div> + +<div class="footnote"><p><a name="Footnote-49" id="Footnote-49"></a><a href="#FNanchor49"><span class="label">[49]</span></a> Perry, <i>Hist. Coll.</i> i. 497.</p></div> + +<div class="footnote"><p><a name="Footnote-50" id="Footnote-50"></a><a href="#FNanchor50"><span class="label">[50]</span></a> Maury, <i>Mem. of a Huguenot Family</i>, 419.</p></div> + +<div class="footnote"><p><a name="Footnote-51" id="Footnote-51"></a><a href="#FNanchor51"><span class="label">[51]</span></a> Maury, <i>Mem. of a Huguenot Family</i>, 419, 420.</p></div> + +<div class="footnote"><p><a name="Footnote-52" id="Footnote-52"></a><a href="#FNanchor52"><span class="label">[52]</span></a> <i>Ibid.</i> 420.</p></div> + +<div class="footnote"><p><a name="Footnote-53" id="Footnote-53"></a><a href="#FNanchor53"><span class="label">[53]</span></a> This cannot be true except in the sense that he had never before +spoken to such an assemblage or in any great cause.</p></div> + +<div class="footnote"><p><a name="Footnote-54" id="Footnote-54"></a><a href="#FNanchor54"><span class="label">[54]</span></a> Wirt, 23-27.</p></div> + +<div class="footnote"><p><a name="Footnote-55" id="Footnote-55"></a><a href="#FNanchor55"><span class="label">[55]</span></a> <i>Ibid.</i> 29.</p></div> + +<div class="footnote"><p><a name="Footnote-56" id="Footnote-56"></a><a href="#FNanchor56"><span class="label">[56]</span></a> Maury, <i>Mem. of a Huguenot Family</i>, 418-424, where the entire +letter is given in print for the first time.</p></div> +</div> + + +<p><span class="pgnm"><a name="Page_56" id="Page_56">[Pg 56]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER V <br /> +<span class="hsub">FIRST TRIUMPHS AT THE CAPITAL</span></h2> + + +<p>It is not in the least strange that the noble-minded +clergyman, who was the plaintiff in the +famous cause of the Virginia parsons, should have +been deeply offended by the fierce and victorious +eloquence of the young advocate on the opposite +side, and should have let fall, with reference to +him, some bitter words. Yet it could only be in +a moment of anger that any one who knew him +could ever have said of Patrick Henry that he was +disposed “to trample under foot the interests of +religion,” or that he had any ill-will toward the +church or its ministers. It is very likely that, in +the many irritations growing out of a civil establishment +of the church in his native colony, he +may have shared in feelings that were not uncommon +even among devout churchmen there; but in +spite of this, then and always, to the very end of +his life, his most sacred convictions and his tenderest +affections seem to have been on the side of +the institutions and ministers of Christianity, and +even of Christianity in its historic form. Accordingly, +both before and after his great speech, he +tried to indicate to the good men whose +legal +<span class="pgnm"><a name="Page_57" id="Page_57">[Pg 57]</a></span> +claims it had become his professional duty to resist, +that such resistance must not be taken by them as +implying on his part any personal unkindness. To +his uncle and namesake, the Reverend Patrick +Henry, who was even then a plaintiff in a similar +suit, and whom he had affectionately persuaded +not to remain at the courthouse to hear the coming +speech against the pecuniary demands of himself +and his order, he said “that the clergy had +not thought him worthy of being retained on their +side,” and that “he knew of no moral principle +by which he was bound to refuse a fee from their +adversaries.”<a name="FNanchor57" id="FNanchor57"></a><a href="#Footnote-57" class="fnanchor">[57]</a> +So, too, the conciliatory words, +which, after the trial, he tried to speak to the indignant +plaintiff, and which the latter has reported +in the blunt form corresponding to his own angry +interpretation of them, after all may have borne +the better meaning given to them by Bishop Meade, +who says that Patrick Henry, in his apology to +Maury, “pleaded as an excuse for his course, that +he was a young lawyer, a candidate for practice +and reputation, and therefore must make the best +of his cause.”<a name="FNanchor58" id="FNanchor58"></a><a href="#Footnote-58" class="fnanchor">[58]</a> +</p> + +<p>These genial efforts at pacification are of rather +more than casual significance: they are indications +of character. They mark a distinct quality of the +man’s nature, of which he continued to give evidence +during the rest of his life,—a certain sweetness +of spirit, which never deserted him through +<span class="pgnm"><a name="Page_58" id="Page_58">[Pg 58]</a></span> +all the stern conflicts of his career. He was always +a good fighter: never a good hater. He had +the brain and the temperament of an advocate; +his imagination and his heart always kindled hotly +to the side that he had espoused, and with his imagination +and his heart always went all the rest of +the man; in his advocacy of any cause that he had +thus made his own, he hesitated at no weapon +either of offence or of defence; he struck hard +blows—he spoke hard words—and he usually +triumphed; and yet, even in the paroxysms of the +combat, and still more so when the combat was +over, he showed how possible it is to be a redoubtable +antagonist without having a particle of +malice.</p> + +<p>Then, too, from this first great scene in his public +life, there comes down to us another incident +that has its own story to tell. In all the roar of +talk within and about the courthouse, after the +trial was over, one “Mr. Cootes, merchant of +James River,” was heard to say that “he would +have given a considerable sum out of his own +pocket rather than his friend Patrick should have +been guilty of a crime but little, if any thing, inferior +to that which brought Simon Lord Lovat to +the block,”—adding that Patrick’s speech had +“exceeded the most seditious and inflammatory +harangues of the Tribunes of Old +Rome.”<a name="FNanchor59" id="FNanchor59"></a><a href="#Footnote-59" class="fnanchor">[59]</a> +Here, +then, thus early in his career, even in this sorrowful +and alarmed criticism on the supposed error of +<span class="pgnm"><a name="Page_59" id="Page_59">[Pg 59]</a></span> +his speech, we find a token of that loving interest +in him and in his personal fate, which even in +those days began to possess the heartstrings of +many a Virginian all about the land, and which +thenceforward steadily broadened and deepened +into a sort of popular idolization of him. The +mysterious hold which Patrick Henry came to have +upon the people of Virginia is an historic fact, to +be recognized, even if not accounted for. He was +to make enemies in abundance, as will appear; he +was to stir up against himself the alarm of many +thoughtful and conservative minds, the deadly +hatred of many an old leader in colonial politics, +the deadly envy of many a younger aspirant to +public influence; he was to go on ruffling the +plumage and upsetting the combinations of all +sorts of good citizens, who, from time to time, in +making their reckonings without him, kept finding +that they had reckoned without their host. But +for all that, the willingness of this worthy Mr. +Cootes of James River to part with his money, if +need be, rather than his friend Patrick should go +far wrong, seems to be one token of the beginning +of that deep and swelling passion of love for him +that never abated among the mass of the people of +Virginia so long as Patrick lived, and perhaps has +never abated since.</p> + +<p>It is not hard to imagine the impulse which so +astonishing a forensic success must have given to +the professional and political career of the young +advocate. Not only was he immediately retained +<span class="pgnm"><a name="Page_60" id="Page_60">[Pg 60]</a></span> +by the defendants in all the other suits of the same +kind then instituted in the courts of the colony, +but, as his fee-books show, from that hour his legal +practice of every sort received an enormous increase. +Moreover, the people of Virginia, always +a warm-hearted people, were then, to a degree +almost inconceivable at the North, sensitive to +oratory, and admirers of eloquent men. The first +test by which they commonly ascertained the fitness +of a man for public office, concerned his ability +to make a speech; and it cannot be doubted +that from the moment of Patrick Henry’s amazing +harangue in the “Parsons’ Cause,”—a piece of +oratory altogether surpassing anything ever before +heard in Virginia,—the eyes of men began to +fasten upon him as destined to some splendid and +great part in political life.</p> + +<p>During the earlier years of his career, Williamsburg +was the capital of the colony,—the official +residence of its governor, the place of assemblage +for its legislature and its highest courts, and, at +certain seasons of the year, the scene of no little +vice-regal and provincial magnificence.</p> + +<p>Thither our Patrick had gone in 1760 to get +permission to be a lawyer. Thither he now goes +once more, in 1764, to give some proof of his quality +in the profession to which he had been reluctantly +admitted, and to win for himself the first of +a long series of triumphs at the colonial capital,—triumphs +which gave food for wondering talk +to all his contemporaries, and long lingered in the +<span class="pgnm"><a name="Page_61" id="Page_61">[Pg 61]</a></span> +memories of old men. Soon after the assembling +of the legislature, in the fall of 1764, the committee +on privileges and elections had before them the +case of James Littlepage, who had taken his seat +as member for the county of Hanover, but whose +right to the seat was contested, on a charge of +bribery and corruption, by Nathaniel West Dandridge. +For a day or two before the hearing of +the case, the members of the house had “observed +an ill-dressed young man sauntering in the lobby,” +apparently a stranger to everybody, moving “awkwardly +about … with a countenance of abstraction +and total unconcern as to what was passing +around him;” but who, when the committee convened +to consider the case of Dandridge against +Littlepage, at once took his place as counsel for +the former. The members of the committee, either +not catching his name or not recalling the association +attaching to it from the scene at Hanover +Court House nearly a twelvemonth before, were +so affected by his rustic and ungainly appearance +that they treated him with neglect and even with +discourtesy; until, when his turn came to argue +the cause of his client, he poured forth such a torrent +of eloquence, and exhibited with so much +force and splendor the sacredness of the suffrage +and the importance of protecting it, that the incivility +and contempt of the committee were turned +into admiration.<a name="FNanchor60" id="FNanchor60"></a><a href="#Footnote-60" class="fnanchor">[60]</a> +Nevertheless, it appears from +the journals of the House that, whatever may have +<span class="pgnm"><a name="Page_62" id="Page_62">[Pg 62]</a></span> +been the admiration of the committee for the eloquence +of Mr. Dandridge’s advocate, they did not +award the seat to Mr. Dandridge.</p> + +<p>Such was Patrick Henry’s first contact with the +legislature of Virginia,—a body of which he was +soon to become a member, and over which, in +spite of the social prestige, the talents, and the +envious opposition of its old leaders, he was +promptly to gain an ascendancy that constituted +him, almost literally, the dictator of its proceedings, +so long as he chose to hold a place in it. On +the present occasion, having finished the somewhat +obscure business that had brought him before the +committee, it is probable that he instantly disappeared +from the scene, not to return to it until the +following spring, when he came back to transact +business with the House itself. For, early in +May, 1765, a vacancy having occurred in the representation +for the county of Louisa, Patrick +Henry, though not then a resident in that county, +was elected as its member. The first entry to be +met with in the journals, indicating his presence +in the House, is that of his appointment, on the +20th of May, as an additional member of the committee +for courts of justice. Between that date +and the 1st of June, when the House was angrily +dissolved by the governor, this young and very +rural member contrived to do two or three quite +notable things—things, in fact, so notable that +they conveyed to the people of Virginia the tidings +of the advent among them of a great political +<span class="pgnm"><a name="Page_63" id="Page_63">[Pg 63]</a></span> +leader, gave an historic impulse to the series of +measures which ended in the disruption of the +British Empire, and set his own name a ringing +through the world,—not without lively imputations +of treason, and comforting assurances that he +was destined to be hanged.</p> + +<p>The first of these notable things is one which +incidentally throws a rather painful glare on the +corruptions of political life in our old and belauded +colonial days. The speaker of the House of Burgesses +at that time was John Robinson, a man of +great estate, foremost among all the landed aristocracy +of Virginia. He had then been speaker for +about twenty-five years; for a long time, also, he +had been treasurer of the colony; and in the latter +capacity he had been accustomed for many years +to lend the public money, on his own private account, +to his personal and political friends, and +particularly to those of them who were members +of the House. This profligate business had continued +so long that Robinson had finally become a +defaulter to an enormous amount; and in order +to avert the shame and ruin of an exposure, he +and his particular friends, just before the arrival +of Patrick Henry, had invented a very pretty device, +to be called a “public loan office,”—“from +which monies might be lent on public account, and +on good landed security, to individuals,” and by +which, as was expected, the debts due to Robinson +on the loans which he had been granting might be +“transferred to the public, and his deficit thus +<span class="pgnm"><a name="Page_64" id="Page_64">[Pg 64]</a></span> +completely +covered.”<a name="FNanchor61" id="FNanchor61"></a><a href="#Footnote-61" class="fnanchor">[61]</a> +Accordingly, the scheme +was brought forward under nearly every possible +advantage of influential support. It was presented +to the House and to the public as a measure eminently +wise and beneficial. It was supported in +the House by many powerful and honorable members +who had not the remotest suspicion of the +corrupt purpose lying at the bottom of it. Apparently +it was on the point of adoption when, from +among the members belonging to the upper counties, +there arose this raw youth, who had only just +taken his seat, and who, without any information +respecting the secret intent of the measure, and +equally without any disposition to let the older +and statelier members do his thinking for him, +simply attacked it, as a scheme to be condemned +on general principles. From the door of the lobby +that day there stood peering into the Assembly +Thomas Jefferson, then a law student at Williamsburg, +who thus had the good luck to witness the +début of his old comrade. “He laid open with so +much energy the spirit of favoritism on which the +proposition was founded, and the abuses to which +it would lead, that it was crushed in its +birth.”<a name="FNanchor62" id="FNanchor62"></a><a href="#Footnote-62" class="fnanchor">[62]</a> +He “attacked the scheme … in that style of +bold, grand, and overwhelming eloquence for which +he became so justly celebrated afterwards. He +carried with him all the members of the upper +counties, and left a minority composed merely of +<span class="pgnm"><a name="Page_65" id="Page_65">[Pg 65]</a></span> +the aristocracy of the country. From this time +his popularity swelled apace; and Robinson dying +four years after, his deficit was brought to light, +and discovered the true object of the +proposition.”<a name="FNanchor63" id="FNanchor63"></a><a href="#Footnote-63" class="fnanchor">[63]</a> +</p> + +<p>But a subject far greater than John Robinson’s +project for a loan office was then beginning to +weigh on men’s minds. Already were visible far +off on the edge of the sky, the first filmy threads +of a storm-cloud that was to grow big and angry +as the years went by, and was to accompany a +political tempest under which the British Empire +would be torn asunder, and the whole structure of +American colonial society wrenched from its foundations. +Just one year before the time now reached, +news had been received in Virginia that the British +ministry had announced in parliament their purpose +to introduce, at the next session, an act for +laying certain stamp duties on the American colonies. +Accordingly, in response to these tidings, +the House of Burgesses, in the autumn of 1764, +had taken the earliest opportunity to send a respectful +message to the government of England, +declaring that the proposed act would be deemed +by the loyal and affectionate people of Virginia as +an alarming violation of their ancient constitutional +rights. This message had been elaborately drawn +up, in the form of an address to the king, a memorial +to the House of Lords, and a remonstrance to +the Commons;<a name="FNanchor64" id="FNanchor64"></a><a href="#Footnote-64" class="fnanchor">[64]</a> +the writers being a committee composed +<span class="pgnm"><a name="Page_66" id="Page_66">[Pg 66]</a></span> +of gentlemen prominent in the legislature, +and of high social standing in the colony, including +Landon Carter, Richard Henry Lee, George +Wythe, Edmund Pendleton, Benjamin Harrison, +Richard Bland, and even Peyton Randolph, the +king’s attorney-general.</p> + +<p>Meantime, to this appeal no direct answer had +been returned; instead of which, however, was +received by the House of Burgesses, in May, 1765, +about the time of Patrick Henry’s accession to +that body, a copy of the Stamp Act itself. What +was to be done about it? What was to be done +by Virginia? What was to be done by her sister +colonies? Of course, by the passage of the Stamp +Act, the whole question of colonial procedure on +the subject had been changed. While the act +was, even in England, merely a theme for consideration, +and while the colonies were virtually under +invitation to send thither their views upon the +subject, it was perfectly proper for colonial pamphleteers +and for colonial legislatures to express, in +every civilized form, their objections to it. But +all this was now over. The Stamp Act had been +discussed; the discussion was ended; the act had +been decided on; it had become a law. Criticism +upon it now, especially by a legislative body, was +a very different matter from what criticism upon +it had been, even by the same body, a few months +before. Then, the loyal legislature of Virginia +had fittingly spoken out, concerning the contemplated +act, its manly words of disapproval and of +<span class="pgnm"><a name="Page_67" id="Page_67">[Pg 67]</a></span> +protest; but now that the contemplated act had +become an adopted act—had become the law of +the land—could that same legislature again speak +even those same words, without thereby becoming +disloyal,—without venturing a little too near the +verge of sedition,—without putting itself into an +attitude, at least, of incipient nullification respecting +a law of the general government?</p> + +<p>It is perfectly evident that by all the old leaders +of the House at that moment,—by Peyton Randolph, +and Pendleton, and Wythe, and Bland, +and the rest of them,—this question was answered +in the negative. Indeed, it could be answered in +no other way. Such being the case, it followed +that, for Virginia and for all her sister colonies, +an entirely new state of things had arisen. A +most serious problem confronted them,—a problem +involving, in fact, incalculable interests. On +the subject of immediate concern, they had endeavored, +freely and rightfully, to influence legislation, +while that legislation was in process; but +now that this legislation was accomplished, what +were they to do? Were they to submit to it quietly, +trusting to further negotiations for ultimate +relief, or were they to reject it outright, and try +to obstruct its execution? Clearly, here was a +very great problem, a problem for statesmanship,—the +best statesmanship anywhere to be had. +Clearly this was a time, at any rate, for wise and +experienced men to come to the front; a time, not +for rash counsels, nor for spasmodic and isolated +<span class="pgnm"><a name="Page_68" id="Page_68">[Pg 68]</a></span> +action on the part of any one colony, but for deliberate +and united action on the part of all the colonies; +a time in which all must move forward, or +none. But, thus far, no colony had been heard +from: there had not been time. Let Virginia +wait a little. Let her make no mistake; let her +not push forward into any ill-considered and dangerous +measure; let her wait, at least, for some +signal of thought or of purpose from her sister +colonies. In the meanwhile, let her old and tried +leaders continue to lead.</p> + +<p>Such, apparently, was the state of opinion in +the House of Burgesses when, on the 29th of May, +a motion was made and carried, “that the House +resolve itself into a committee of the whole House, +immediately to consider the steps necessary to be +taken in consequence of the resolutions of the +House of Commons of Great Britain, relative to +the charging certain stamp duties in the colonies +and plantations in +America.”<a name="FNanchor65" id="FNanchor65"></a><a href="#Footnote-65" class="fnanchor">[65]</a> +On thus going +into committee of the whole, to deliberate on the +most difficult and appalling question that, up to +that time, had ever come before an American legislature, +the members may very naturally have turned +in expectation to those veteran politicians and to +those able constitutional lawyers who, for many +years, had been accustomed to guide their deliberations, +and who, especially in the last session, had +taken charge of this very question of the Stamp +Act. It will not be hard for us to imagine the +<span class="pgnm"><a name="Page_69" id="Page_69">[Pg 69]</a></span> +disgust, the anger, possibly even the alarm, with +which many may have beheld the floor now taken, +not by Peyton Randolph, nor Richard Bland, nor +George Wythe, nor Edmund Pendleton, but by +this new and very unabashed member for the +county of Louisa,—this rustic and clownish youth +of the terrible tongue,—this eloquent but presumptuous +stripling, who was absolutely without +training or experience in statesmanship, and was +the merest novice even in the forms of the House.</p> + +<p>For what precise purpose the new member had +thus ventured to take the floor, was known at the +moment of his rising by only two other members,—George +Johnston, the member for Fairfax, and +John Fleming, the member for Cumberland. But +the measureless audacity of his purpose, as being +nothing less than that of assuming the leadership +of the House, and of dictating the policy of Virginia +in this stupendous crisis of its fate, was instantly +revealed to all, as he moved a series of +resolutions, which he proceeded to read from the +blank leaf of an old law book, and which, probably, +were as follows:—</p> + +<div class="blockquot"><p>“<i>Whereas</i>, the honorable House of Commons in England +have of late drawn into question how far the General +Assembly of this colony hath power to enact laws for +laying of taxes and imposing duties, payable by the people +of this, his majesty’s most ancient colony: for settling +and ascertaining the same to all future times, the House +of Burgesses of this present General Assembly have +come to the following resolves:— +<span class="pgnm"><a name="Page_70" id="Page_70">[Pg 70]</a></span></p> + +<p>“1. <i>Resolved</i>, That the first adventurers and settlers +of this, his majesty’s colony and dominion, brought with +them and transmitted to their posterity, and all other +his majesty’s subjects, since inhabiting in this, his majesty’s +said colony, all the privileges, franchises, and +immunities that have at any time been held, enjoyed, +and possessed, by the people of Great Britain.</p> + +<p>“2. <i>Resolved</i>, That by two royal charters, granted +by king James the First, the colonists aforesaid are declared +entitled to all the privileges, liberties, and immunities +of denizens and natural born subjects, to all +intents and purposes, as if they had been abiding and +born within the realm of England.</p> + +<p>“3. <i>Resolved</i>, That the taxation of the people by +themselves or by persons chosen by themselves to represent +them, who can only know what taxes the people +are able to bear, and the easiest mode of raising them, +and are equally affected by such taxes themselves, is the +distinguishing characteristic of British freedom, and +without which the ancient constitution cannot subsist.</p> + +<p>“4. <i>Resolved</i>, That his majesty’s liege people of this +most ancient colony have uninterruptedly enjoyed the +right of being thus governed by their own Assembly in +the article of their taxes and internal police, and that +the same hath never been forfeited, or any other way +given up, but hath been constantly recognized by the +kings and people of Great Britain.</p> + +<p>“5. <i>Resolved</i>, therefore, That the General Assembly +of this colony have the only and sole exclusive 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.<span class="pgnm"><a name="Page_71" id="Page_71">[Pg 71]</a></span> +</p> + +<p>“6. <i>Resolved</i>, That his majesty’s liege people, the +inhabitants of this colony, are not bound to yield obedience +to any law or ordinance whatever, designed to impose +any taxation whatsoever upon them, other than the +laws or ordinances of the General Assembly aforesaid.</p> + +<p>“7. <i>Resolved</i>, That any person who shall, by speaking +or writing, assert or maintain that any person or +persons, other than the General Assembly of this colony, +have any right or power to impose or lay any taxation +on the people here, shall be deemed an enemy to his +majesty’s +colony.”<a name="FNanchor66" id="FNanchor66"></a><a href="#Footnote-66" class="fnanchor">[66]</a> +</p> +</div> + +<p>No reader will find it hard to accept Jefferson’s +statement that the debate on these resolutions was +“most bloody.” “They were opposed by Randolph, +Bland, Pendleton, Nicholas, Wythe, and +all the old members, whose influence in the House +had till then been +unbroken.”<a name="FNanchor67" id="FNanchor67"></a><a href="#Footnote-67" class="fnanchor">[67]</a> +There was every +reason, whether of public policy or of private feeling, +why the old party leaders in the House should +now bestir themselves, and combine, and put forth +<span class="pgnm"><a name="Page_72" id="Page_72">[Pg 72]</a></span> +all their powers in debate, to check, and if possible +to rout and extinguish, this self-conceited but most +dangerous young man. “Many threats were uttered, +and much abuse cast on me,” said Patrick +himself, long afterward. Logic, learning, eloquence, +denunciation, derision, intimidation, were +poured from all sides of the House upon the head +of the presumptuous intruder; but alone, or almost +alone, he confronted and defeated all his assailants. +“Torrents of sublime eloquence from Mr. +Henry, backed by the solid reasoning of Johnston, +prevailed.”<a name="FNanchor68" id="FNanchor68"></a><a href="#Footnote-68" class="fnanchor">[68]</a> +</p> + +<p>It was sometime in the course of this tremendous +fight, extending through the 29th and 30th of +May, that the incident occurred which has long +been familiar among the anecdotes of the Revolution, +and which may be here recalled as a reminiscence +not only of his own consummate mastery of +the situation, but of a most dramatic scene in an +epoch-making debate. Reaching the climax of a +passage of fearful invective, on the injustice and +the impolicy of the Stamp Act, he said in tones +of thrilling solemnity, “Cæsar had his Brutus; +Charles the First, his Cromwell; and George the +Third [‘Treason,’ shouted the speaker. ‘Treason,’ +‘treason,’ rose from all sides of the room. +The orator paused in stately defiance till these +rude exclamations were ended, and then, rearing +<span class="pgnm"><a name="Page_73" id="Page_73">[Pg 73]</a></span> +himself with a look and bearing of still prouder +and fiercer determination, he so closed the sentence +as to baffle his accusers, without in the least flinching +from his own position,]—and George the +Third may profit by their example. If this be +treason, make the most of +it.”<a name="FNanchor69" id="FNanchor69"></a><a href="#Footnote-69" class="fnanchor">[69]</a> +</p> + +<p>Of this memorable struggle nearly all other +details have perished with the men who took part +in it. After the House, in committee of the +whole, had, on the 29th of May, spent sufficient +time in the discussion, “Mr. Speaker resumed the +chair,” says the Journal, “and Mr. Attorney reported +that the said committee had had the said +matter under consideration, and had come to several +resolutions thereon, which he was ready to +deliver in at the table. Ordered that the said report +be received to-morrow.” It is probable that +on the morrow the battle was renewed with even +greater fierceness than before. The Journal proceeds: +<span class="pgnm"><a name="Page_74" id="Page_74">[Pg 74]</a></span> +“May 30. Mr. Attorney, from the committee +of the whole House, reported according to +order, that the committee had considered the steps +necessary to be taken in consequence of the resolutions +of the House of Commons of Great Britain, +relative to the charging certain stamp duties in +the colonies and plantations in America, and that +they had come to several resolutions thereon, which +he read in his place and then delivered at the +table; when they were again twice read, and agreed +to by the House, with some amendments.” Then +were passed by the House, probably, the first five +resolutions as offered by Henry in the committee, +but “passed,” as he himself afterward wrote, “by +a very small majority, perhaps of one or two only.”</p> + +<p>Upon this final discomfiture of the old leaders, +one of their number, Peyton Randolph, swept +angrily out of the house, and brushing past young +Thomas Jefferson, who was standing in the door +of the lobby, he swore, with a great oath, that he +“would have given five hundred guineas for a single +vote.”<a name="FNanchor70" id="FNanchor70"></a><a href="#Footnote-70" class="fnanchor">[70]</a> +On the afternoon of that day, Patrick +Henry, knowing that the session was practically +ended, and that his own work in it was done, +started for his home. He was seen “passing along +Duke of Gloucester Street, … wearing buckskin +breeches, his saddle bags on his arm, leading +a lean horse, and chatting with Paul Carrington, +who walked by his +side.”<a name="FNanchor71" id="FNanchor71"></a><a href="#Footnote-71" class="fnanchor">[71]</a></p> + + + +<p><span class="pgnm"><a name="Page_75" id="Page_75">[Pg 75]</a></span>That was on the 30th of May. The next morning, +the terrible Patrick being at last quite out of +the way, those veteran lawyers and politicians of +the House, who had found this young protagonist +alone too much for them all put together, made +bold to undo the worst part of the work he had +done the day before; they expunged the fifth resolution. +In that mutilated form, without the preamble, +and with the last three of the original resolutions +omitted, the first four then remained on +the journal of the House as the final expression of +its official opinion. Meantime, on the wings of +the wind, and on the eager tongues of men, had +been borne, past recall, far northward and far +southward, the fiery unchastised words of nearly +the entire series, to kindle in all the colonies a +great flame of dauntless +purpose;<a name="FNanchor72" id="FNanchor72"></a><a href="#Footnote-72" class="fnanchor">[72]</a> +while Patrick +<span class="pgnm"><a name="Page_76" id="Page_76">[Pg 76]</a></span> +himself, perhaps then only half conscious of the +fateful work he had just been doing, travelled +homeward along the dusty highway, at once the +jolliest, the most popular, and the least pretentious +man in all Virginia, certainly its greatest orator, +possibly even its greatest statesman.</p> + + +<div class="footnotes"> +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-57" id="Footnote-57"></a><a href="#FNanchor57"><span class="label">[57]</span></a> Wirt, 24.</p></div> + +<div class="footnote"><p><a name="Footnote-58" id="Footnote-58"></a><a href="#FNanchor58"><span class="label">[58]</span></a> Meade, <i>Old Families and Churches of Va.</i> i. 220.</p></div> + +<div class="footnote"><p><a name="Footnote-59" id="Footnote-59"></a><a href="#FNanchor59"><span class="label">[59]</span></a> Maury, <i>Mem. of a Huguenot Fam.</i> 423.</p></div> + +<div class="footnote"><p><a name="Footnote-60" id="Footnote-60"></a><a href="#FNanchor60"><span class="label">[60]</span></a> Wirt, 39-41.</p></div> + +<div class="footnote"><p><a name="Footnote-61" id="Footnote-61"></a><a href="#FNanchor61"><span class="label">[61]</span></a> Mem. by Jefferson, in <i>Hist. Mag.</i> for 1867, 91.</p></div> + +<div class="footnote"><p><a name="Footnote-62" id="Footnote-62"></a><a href="#FNanchor62"><span class="label">[62]</span></a> Jefferson’s <i>Works</i>, vi. 365.</p></div> + +<div class="footnote"><p><a name="Footnote-63" id="Footnote-63"></a><a href="#FNanchor63"><span class="label">[63]</span></a> Mem. by Jefferson, in <i>Hist. Mag.</i> for 1867, 91.</p></div> + +<div class="footnote"><p><a name="Footnote-64" id="Footnote-64"></a><a href="#FNanchor64"><span class="label">[64]</span></a> These documents are given in full in the Appendix to Wirt’s +<i>Life of Henry</i>, as Note A.</p></div> + +<div class="footnote"><p><a name="Footnote-65" id="Footnote-65"></a><a href="#FNanchor65"><span class="label">[65]</span></a> <i>Jour. Va. House of Burgesses.</i></p></div> + +<div class="footnote"><p><a name="Footnote-66" id="Footnote-66"></a><a href="#FNanchor66"><span class="label">[66]</span></a> Of this famous series of resolutions, the first five are here +given precisely as they are given in Patrick Henry’s own certified +copy still existing in manuscript, and in the possession of Mr. W. +W. Henry; but as that copy evidently contains only that portion +of the series which was reported from the committee of the whole, +and was adopted by the House, I have here printed also what I +believe to have been the preamble, and the last two resolutions in +the series as first drawn and introduced by Patrick Henry. For +this portion of the series, I depend on the copy printed in the <i>Boston +Gazette</i>, for July 1, 1765, and reprinted in R. Frothingham, +<i>Rise of the Republic</i>, 180 note. In Wirt’s <i>Life of Henry</i>, 56-59, is +a transcript of the first five resolutions as given in Henry’s handwriting: +but it is inaccurate in two places.</p></div> + +<div class="footnote"><p><a name="Footnote-67" id="Footnote-67"></a><a href="#FNanchor67"><span class="label">[67]</span></a> Mem. by Jefferson, in <i>Hist. Mag.</i> for 1867, 91.</p></div> + +<div class="footnote"><p><a name="Footnote-68" id="Footnote-68"></a><a href="#FNanchor68"><span class="label">[68]</span></a> Mem. by Jefferson, in <i>Hist. Mag.</i> for 1867, 91. Henry was +aided in this debate by Robert Munford, also, and by John Fleming: +W. W. Henry, <i>Life, Corr. and Speeches of P. Henry</i>, i. 82<i>n.</i></p></div> + +<div class="footnote"><p><a name="Footnote-69" id="Footnote-69"></a><a href="#FNanchor69"><span class="label">[69]</span></a> For this splendid anecdote we are indebted to Judge John +Tyler, who, then a youth of eighteen, listened to the speech as +he stood in the lobby by the side of Jefferson. Edmund Randolph, +in his <i>History of Virginia</i>, still in manuscript, has a somewhat +different version of the language of the orator, as follows: +“‘Cæsar had his Brutus, Charles the First, his Cromwell, and +George the Third’—‘Treason, Sir,’ exclaimed the Speaker; to +which Mr. Henry instantly replied, ‘and George the Third, may +he never have either.’” The version furnished by John Tyler is, of +course, the more effective and characteristic; and as Tyler actually +heard the speech, and as, moreover, his account is confirmed +by Jefferson who also heard it, his account can hardly be +set aside by that of Randolph who did not hear it, and was indeed +but a boy of twelve at the time it was made. L. G. Tyler, <i>Letters +and Times of the Tylers</i>, i. 56; Wirt, 65.</p></div> + +<div class="footnote"><p><a name="Footnote-70" id="Footnote-70"></a><a href="#FNanchor70"><span class="label">[70]</span></a> Mem. by Jefferson, <i>Hist. Mag.</i> for 1867, 91.</p></div> + +<div class="footnote"><p><a name="Footnote-71" id="Footnote-71"></a><a href="#FNanchor71"><span class="label">[71]</span></a> Campbell, <i>Hist. Va.</i> 542.</p></div> + +<div class="footnote"><p><a name="Footnote-72" id="Footnote-72"></a><a href="#FNanchor72"><span class="label">[72]</span></a> The subject of the Virginia resolutions presents several difficulties +which I have not thought it best to discuss in the text, +where I have given merely the results of my own rather careful +and repeated study of the question. In brief, my conclusion is +this: That the series as given above, consisting of a preamble and +seven resolutions, is the series as originally prepared by Patrick +Henry, and introduced by him on Wednesday, May 29, in the committee +of the whole, and probably passed by the committee on that +day; that at once, without waiting for the action of the House +upon the subject, copies of the series got abroad, and were soon +published in the newspapers of the several colonies, as though actually +adopted by the House; that on Thursday, May 30, the series +was cut down in the House by rejection of the preamble and the +resolutions 6 and 7, and by the adoption of only the first five as +given above; that on the day after that, when Patrick Henry had +gone home, the House still further cut down the series by expunging +the resolution which is above numbered as 5: and that, many +years afterwards, when Patrick Henry came to prepare a copy for +transmission to posterity, he gave the resolutions just as they stood +when adopted by the House on May 30, and not as they stood +when originally introduced by him in committee of the whole on +the day before, nor as they stood when mutilated by the cowardly +act of the House on the day after. It will be noticed, therefore, +that the so-called resolutions of Virginia, which were actually +published and known to the colonies in 1765, and which did so +much to fire their hearts, were not the resolutions as adopted by +the House, but were the resolutions as first introduced, and probably +passed, in committee of the whole; and that even this copy of +them was inaccurately given, since it lacked the resolution numbered +above as 3, probably owing to an error in the first hurried +transcription of them. Those who care to study the subject further +will find the materials in <i>Prior Documents</i>, 6, 7; Marshall, +<i>Life of Washington</i>, i. note iv.; Frothingham, <i>Rise of the Republic</i>, +180 note; Gordon, <i>Hist. Am. Rev.</i>, i. 129-139; <i>Works of Jefferson</i>, +vi. 366, 367; Wirt, <i>Life of Henry</i>, 56-63; Everett, <i>Life +of Henry</i>, 265-273, with important note by Jared Sparks in Appendix, +391-398. It may be mentioned that the narrative given +in Burk, <i>Hist. Va.</i>, iii. 305-310, is untrustworthy.</p></div> +</div> + + +<p><span class="pgnm"><a name="Page_77" id="Page_77">[Pg 77]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER VI <br /> +<span class="hsub">CONSEQUENCES</span></h2> + + +<p>Seldom has a celebrated man shown more indifference +to the preservation of the records and +credentials of his career than did Patrick Henry. +While some of his famous associates in the Revolution +diligently kept both the letters they received, +and copies of the letters they wrote, and made, for +the benefit of posterity, careful memoranda concerning +the events of their lives, Patrick Henry +did none of these things. Whatever letters he +wrote, he wrote at a dash, and then parted with +them utterly; whatever letters were written to +him, were invariably handed over by him to the +comfortable custody of luck; and as to the correct +historic perpetuation of his doings, he seems almost +to have exhausted his interest in each one of +them so soon as he had accomplished it, and to +have been quite content to leave to other people +all responsibility for its being remembered correctly, +or even remembered at all.</p> + +<p>To this statement, however, a single exception +has to be made. It relates to the great affair described +in the latter part of the previous chapter.</p> + +<p>Of course, it was perceived at the time that +<span class="pgnm"><a name="Page_78" id="Page_78">[Pg 78]</a></span> +the passing of the Virginia resolutions against the +Stamp Act was a great affair; but just how great +an affair it was, neither Patrick Henry nor any +other mortal man could tell until years had gone +by, and had unfolded the vast sequence of world-resounding +events, in which that affair was proved +to be a necessary factor. It deserves to be particularly +mentioned that, of all the achievements +of his life, the only one which he has taken the +pains to give any account of is his authorship of +the Virginia resolutions, and his successful championship +of them. With reference to this achievement, +the account he gave of it was rendered with +so much solemnity and impressiveness as to indicate +that, in the final survey of his career, he regarded +this as the one most important thing he +ever did. But before we cite the words in which +he thus indicated this judgment, it will be well for +us to glance briefly at the train of historic incidents +which now set forth the striking connection between +that act of Patrick Henry and the early +development of that intrepid policy which culminated +in American independence.</p> + +<p>It was on the 29th of May, 1765, as will be remembered, +that Patrick Henry moved in the committee +of the whole the adoption of his series of +resolutions against the Stamp Act; and before the +sun went down that day, the entire series, as is +probable, was adopted by the committee. On the +following day, the essential portion of the series +was adopted, likewise, by the House. But what +<span class="pgnm"><a name="Page_79" id="Page_79">[Pg 79]</a></span> +was the contemporary significance of these resolutions? +As the news of them swept from colony +to colony, why did they so stir men’s hearts to +excitement, and even to alarm? It was not that +the language of those resolutions was more radical +or more trenchant than had been the language +already used on the same subject, over and over +again, in the discussions of the preceding twelve +months. It was that, in the recent change of the +political situation, the significance of that language +had changed. Prior to the time referred to, whatever +had been said on the subject, in any of the +colonies, had been said for the purpose of dissuading +the government from passing the Stamp Act. +But the government had now passed the Stamp +Act; and, accordingly, these resolutions must have +been meant for a very different purpose. They +were a virtual declaration of resistance to the +Stamp Act; a declaration of resistance made, not +by an individual writer, nor by a newspaper, but +by the legislature of a great colony; and, moreover, +they were the very first declaration of resistance +which was so +made.<a name="FNanchor73" id="FNanchor73"></a><a href="#Footnote-73" class="fnanchor">[73]</a> +</p> + +<p>This it is which gives us the contemporary key +to their significance, and to the vast excitement +produced by them, and to the enormous influence +they had upon the trembling purposes of the colonists +at that precise moment. Hence it was, as +a sagacious writer of that period has told us, that +<span class="pgnm"><a name="Page_80" id="Page_80">[Pg 80]</a></span> +merely upon the adoption of these resolves by the +committee of the whole, men recognized their momentous +bearing, and could not be restrained from +giving publicity to them, without waiting for their +final adoption by the House. “A manuscript of +the unrevised resolves,” says William Gordon, +“soon reached Philadelphia, having been sent off +immediately upon their passing, that the earliest +information of what had been done might be obtained +by the Sons of Liberty.… At New +York the resolves were handed about with great +privacy: they were accounted so treasonable, that +the possessors of them declined printing them in +that city.” But a copy of them having been procured +with much difficulty by an Irish gentleman +resident in Connecticut, “he carried them to New +England, where they were published and circulated +far and wide in the newspapers, without any reserve, +and proved eventually the occasion of those +disorders which afterward broke out in the colonies.… +The Virginia resolutions gave a spring +to all the disgusted; and they began to adopt different +measures.”<a name="FNanchor74" id="FNanchor74"></a><a href="#Footnote-74" class="fnanchor">[74]</a></p> + +<p>But while the tidings of these resolutions were +thus moving toward New England, and before they +had arrived there, the assembly of the great colony +of Massachusetts had begun to take action. Indeed, +it had first met on the very day on which +Patrick Henry had introduced his resolutions into +the committee of the whole at Williamsburg. On +<span class="pgnm"><a name="Page_81" id="Page_81">[Pg 81]</a></span> +the 8th of June, it had resolved upon a circular +letter concerning the Stamp Act, addressed to all +the sister colonies, and proposing that all should +send delegates to a congress to be held at New +York, on the first Tuesday of the following October, +to deal with the perils and duties of the situation. +This circular letter at once started upon its +tour.</p> + +<p>The first reception of it, however, was discouraging. +From the speaker of the New Jersey assembly +came the reply that the members of that +body were “unanimously against uniting on the +present occasion;” and for several weeks thereafter, +“no movement appeared in favor of the +great and wise measure of convening a congress.” +At last, however, the project of Massachusetts +began to feel the accelerating force of a mighty +impetus. The Virginia resolutions, being at last +divulged throughout the land, “had a marked effect +on public opinion.” They were “heralded as the +voice of a colony.… The fame of the resolves +spread as they were circulated in the journals.… +The Virginia action, like an alarum, roused +the patriots to pass similar +resolves.<a name="FNanchor75" id="FNanchor75"></a><a href="#Footnote-75" class="fnanchor">[75]</a> +“On the +8th of July, “The Boston Gazette” uttered this +most significant sentence: “The people of Virginia +have spoken very sensibly, and the frozen +politicians of a more northern government say they +have spoken +treason.”<a name="FNanchor76" id="FNanchor76"></a><a href="#Footnote-76" class="fnanchor">[76]</a> +On the same day, in that +<span class="pgnm"><a name="Page_82" id="Page_82">[Pg 82]</a></span> +same town of Boston, an aged lawyer and +patriot<a name="FNanchor77" id="FNanchor77"></a><a href="#Footnote-77" class="fnanchor">[77]</a> +lay upon his death bed; and in his admiration for +the Virginians on account of these resolves, he exclaimed, +“They are men; they are noble +spirits.”<a name="FNanchor78" id="FNanchor78"></a><a href="#Footnote-78" class="fnanchor">[78]</a> +On the 13th of August, the people of Providence +instructed their representatives in the legislature +to vote in favor of the congress, and to procure +the passage of a series of resolutions in which +were incorporated those of +Virginia.<a name="FNanchor79" id="FNanchor79"></a><a href="#Footnote-79" class="fnanchor">[79]</a> +On the 15th +of August, from Boston, Governor Bernard wrote +home to the ministry: “Two or three months ago, +I thought that this people would submit to the +Stamp Act. Murmurs were indeed continually +heard; but they seemed to be such as would die +away. But the publishing of the Virginia resolves +proved an alarm bell to the +disaffected.”<a name="FNanchor80" id="FNanchor80"></a><a href="#Footnote-80" class="fnanchor">[80]</a> +On the 23d of September, General Gage, the commander +of the British forces in America, wrote +from New York to Secretary Conway that the +Virginia resolves had given “the signal for a +general outcry over the +continent.”<a name="FNanchor81" id="FNanchor81"></a><a href="#Footnote-81" class="fnanchor">[81]</a> +And finally, +in the autumn of 1774, an able loyalist writer, +looking back over the political history of the colonies +from the year of the Stamp Act, singled out +the Virginia resolves as the baleful cause of all +the troubles that had then come upon the land. +“After it was known,” said he, “that the Stamp +<span class="pgnm"><a name="Page_83" id="Page_83">[Pg 83]</a></span> +Act was passed, some resolves of the House of +Burgesses in Virginia, denying the right of Parliament +to tax the colonies, made their appearance. +We read them with wonder; they savored of independence; +they flattered the human passions; the +reasoning was specious; we wished it conclusive. +The transition to believing it so was easy; and we, +and almost all America, followed their example, +in resolving that Parliament had no such +right.”<a name="FNanchor82" id="FNanchor82"></a><a href="#Footnote-82" class="fnanchor">[82]</a> +</p> + +<p>All these facts, and many more that might be +produced, seem to point to the Virginia resolutions +of 1765 as having come at a great primary crisis +of the Revolution,—a crisis of mental confusion +and hesitation,—and as having then uttered, with +trumpet voice, the very word that was fitted to the +hour, and that gave to men’s minds clearness of +vision, and to their hearts a settled purpose. It +must have been in the light of such facts as these +that Patrick Henry, in his old age, reviewing his +own wonderful career, determined to make a sort +of testamentary statement concerning his relation +to that single transaction,—so vitally connected +with the greatest epoch in American history.</p> + +<p>Among the papers left by him at his death was +one significantly placed by the side of his will, +carefully sealed, and bearing this superscription: +“Inclosed are the resolutions of the Virginia Assembly +in 1765, concerning the Stamp Act. Let +my executors open this paper.” On opening the +<span class="pgnm"><a name="Page_84" id="Page_84">[Pg 84]</a></span> +document, his executors found on one side of the +sheet the first five resolutions in the famous series +introduced by him; and on the other side, these +weighty words:—</p> + +<div class="blockquot"><p>The within resolutions passed the House of Burgesses +in May, 1765. They formed the first opposition to the +Stamp Act, and the scheme of taxing America by the +British parliament. All the colonies, either through fear, +or want of opportunity to form an opposition, or from +influence of some kind or other, had remained silent. I +had been for the first time elected a Burgess a few days +before; was young, inexperienced, unacquainted with +the forms of the House, and the members that composed +it. Finding the men of weight averse to opposition, and +the commencement of the tax at hand, and that no person +was likely to step forth, I determined to venture; +and alone, unadvised, and unassisted, on a blank leaf of +an old law book, wrote the within.<a name="FNanchor83" id="FNanchor83"></a><a href="#Footnote-83" class="fnanchor">[83]</a> +Upon offering them +<span class="pgnm"><a name="Page_85" id="Page_85">[Pg 85]</a></span> +to the House, violent debates ensued. Many threats +were uttered, and much abuse cast on me by the party +for submission. After a long and warm contest, the resolutions +passed by a very small majority, perhaps of +one or two only. The alarm spread throughout America +with astonishing quickness, and the ministerial party +were overwhelmed. The great point of resistance to +British taxation was universally established in the colonies. +This brought on the war, which finally separated +the two countries, and gave independence to ours.</p> + +<p>Whether this will prove a blessing or a curse, will depend +upon the use our people make of the blessings +which a gracious God hath bestowed on us. If they are +wise, they will be great and happy. If they are of a contrary +character, they will be miserable. Righteousness +alone can exalt them as a nation.</p> + +<p>Reader! whoever thou art, remember this; and in +thy sphere practice virtue thyself, and encourage it in +others.</p> + +<p class="right1"><span class="smcap">P. Henry.</span><a name="FNanchor84" id="FNanchor84"></a><a href="#Footnote-84" class="fnanchor">[84]</a></p> + +</div> + + +<p>But while this renowned act in Patrick Henry’s +life had consequences so notable in their bearing +on great national and international movements, it +is interesting to observe, also, its immediate effects +on his own personal position in the world, and on +<span class="pgnm"><a name="Page_86" id="Page_86">[Pg 86]</a></span> +the development of his career. We can hardly be +surprised to find, on the one hand, that his act +gave deep offence to one very considerable class of +persons in Virginia,—the official representatives +of the English government, and their natural allies, +those thoughtful and conscientious colonists +who, by temperament and conviction, were inclined +to lay a heavy accent on the principle of civil authority +and order. Of course, as the official head +of this not ignoble class, stood Francis Fauquier, +the lieutenant-governor of the colony; and his +letter to the lords of trade, written from Williamsburg +a few days after the close of the session, +contains a striking narrative of this stormy proceeding, +and an almost amusing touch of official +undervaluation of Patrick Henry: “In the course +of the debate, I have heard that very indecent language +was used by a Mr. Henry, a young lawyer, +who had not been above a month a member of the +House, and who carried all the young members +with him.”<a name="FNanchor85" id="FNanchor85"></a><a href="#Footnote-85" class="fnanchor">[85]</a> +But a far more specific and intense +expression of antipathy came, a few weeks later, +from the Reverend William Robinson, the colonial +commissary of the Bishop of London. Writing, +on the 12th of August, to his metropolitan, he +gave an account of Patrick Henry’s very offensive +management of the cause against the parsons, before +becoming a member of the House of Burgesses; +and then added:—<span class="pgnm"><a name="Page_87" id="Page_87">[Pg 87]</a></span></p> + +<div class="blockquot"><p>“He has since been chosen a representative for one of +the counties, in which character he has lately distinguished +himself in the House of Burgesses on occasion of the arrival +of an act of Parliament for stamp duties, while the +Assembly was sitting. He blazed out in a violent speech +against the authority of Parliament and the king, comparing +his majesty to a Tarquin, a Cæsar, and a Charles the +First, and not sparing insinuations that he wished another +Cromwell would arise. He made a motion for several +outrageous resolves, some of which passed and were +again erased as soon as his back was turned.… Mr. +Henry, the hero of whom I have been writing, is gone +quietly into the upper parts of the country to recommend +himself to his constituents by spreading treason and enforcing +firm resolutions against the authority of the British +Parliament.”<a name="FNanchor86" id="FNanchor86"></a><a href="#Footnote-86" class="fnanchor">[86]</a></p> +</div> + +<p>Such was Patrick Henry’s introduction to the +upper spheres of English society,—spheres in +which his name was to become still better known +as time rolled on, and for conduct not likely to +efface the impression of this bitter beginning.</p> + +<p>As to his reputation in the colonies outside of +Virginia, doubtless the progress of it, during this +period, was slow and dim; for the celebrity acquired +by the resolutions of 1765 attached to the +colony rather than to the person. Moreover, the +boundaries of each colony, in those days, were in +most cases the boundaries likewise of the personal +reputations it cherished. It was not until Patrick +Henry came forward, in the Congress of 1774,<span class="pgnm"><a name="Page_88" id="Page_88">[Pg 88]</a></span> +upon an arena that may be called national, that his +name gathered about it the splendor of a national +fame. Yet, even before 1774, in the rather dull +and ungossiping newspapers of that time, and in +the letters and diaries of its public men, may be +discovered an occasional allusion showing that already +his name had broken over the borders of +Virginia, had traveled even so far as to New England, +and that in Boston itself he was a person +whom people were beginning to talk about. For +example, in his Diary for the 22d of July, 1770, +John Adams speaks of meeting some gentlemen +from Virginia, and of going out to Cambridge +with them. One of them is mentioned by name +as having this distinction,—that he “is an intimate +friend of Mr. Patrick Henry, the first mover +of the Virginia resolves in 1765.”<a name="FNanchor87" id="FNanchor87"></a><a href="#Footnote-87" class="fnanchor">[87]</a> + Thus, even +so early, the incipient revolutionist in New England +had got his thoughts on his brilliant political +kinsman in Virginia.</p> + +<p>But it was chiefly within the limits of his own +splendid and gallant colony, and among an eager +and impressionable people whose habitual hatred +of all restraints turned into undying love for this +dashing champion of natural liberty, that Patrick +Henry was now instantly crowned with his crown +of sovereignty. By his resolutions against the +Stamp Act, as Jefferson testifies, “Mr. Henry +took the lead out of the hands of those who had +heretofore guided the proceedings of the House,<span class="pgnm"><a name="Page_89" id="Page_89">[Pg 89]</a></span> +that is to say, of Pendleton, Wythe, Bland, Randolph, +and Nicholas.”<a name="FNanchor88" id="FNanchor88"></a><a href="#Footnote-88" class="fnanchor">[88]</a> Wirt does not put the +case too strongly when he declares, that “after this +debate there was no longer a question among the +body of the people, as to Mr. Henry’s being the +first statesman and orator in Virginia. Those, +indeed, whose ranks he had scattered, and whom +he had thrown into the shade, still tried to brand +him with the names of declaimer and demagogue. +But this was obviously the effect of envy and mortified +pride.… From the period of which we +have been speaking, Mr. Henry became the idol +of the people of Virginia.”<a name="FNanchor89" id="FNanchor89"></a><a href="#Footnote-89" class="fnanchor">[89]</a></p> + + + +<div class="footnotes"> + +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-73" id="Footnote-73"></a><a href="#FNanchor73"><span class="label">[73]</span></a> See this view supported by Wirt, in his life by Kennedy, ii. +73.</p></div> + +<div class="footnote"><p><a name="Footnote-74" id="Footnote-74"></a><a href="#FNanchor74"><span class="label">[74]</span></a> Gordon, <i>Hist. of Am. Rev.</i> i. 131.</p></div> + +<div class="footnote"><p><a name="Footnote-75" id="Footnote-75"></a><a href="#FNanchor75"><span class="label">[75]</span></a> Frothingham, <i>Rise of the Republic</i>, 178-181.</p></div> + +<div class="footnote"><p><a name="Footnote-76" id="Footnote-76"></a><a href="#FNanchor76"><span class="label">[76]</span></a> Cited in Frothingham, 181.</p></div> + +<div class="footnote"><p><a name="Footnote-77" id="Footnote-77"></a><a href="#FNanchor77"><span class="label">[77]</span></a> Oxenbridge Thacher.</p></div> + +<div class="footnote"><p><a name="Footnote-78" id="Footnote-78"></a><a href="#FNanchor78"><span class="label">[78]</span></a> <i>Works of John Adams</i>, x. 287.</p></div> + +<div class="footnote"><p><a name="Footnote-79" id="Footnote-79"></a><a href="#FNanchor79"><span class="label">[79]</span></a> Frothingham, 181.</p></div> + +<div class="footnote"><p><a name="Footnote-80" id="Footnote-80"></a><a href="#FNanchor80"><span class="label">[80]</span></a> Cited by Sparks, in Everett, <i>Life of Henry</i>, 396.</p></div> + +<div class="footnote"><p><a name="Footnote-81" id="Footnote-81"></a><a href="#FNanchor81"><span class="label">[81]</span></a> Frothingham, <i>Rise of the Republic</i>, 181.</p></div> + +<div class="footnote"><p><a name="Footnote-82" id="Footnote-82"></a><a href="#FNanchor82"><span class="label">[82]</span></a> Daniel Leonard, in <i>Novanglus and Massachusettensis</i>, 147, +148.</p></div> + +<div class="footnote"><p><a name="Footnote-83" id="Footnote-83"></a><a href="#FNanchor83"><span class="label">[83]</span></a> As the historic importance of the Virginia resolutions became +more and more apparent, a disposition was manifested to deny to +Patrick Henry the honor of having written them. As early as +1790, Madison, between whom and Henry there was nearly always +a sharp hostility, significantly asked Edmund Pendleton to tell him +“where the resolutions proposed by Mr. Henry really originated.” +<i>Letters and Other Writings of Madison</i>, i. 515. Edmund Randolph +is said to have asserted that they were written by William Fleming; +a statement of which Jefferson remarked, “It is to me incomprehensible.” +<i>Works</i>, vi. 484. But to Jefferson’s own testimony +on the same subject, I would apply the same remark. In +his Memorandum, he says without hesitation that the resolutions +“were drawn up by George Johnston, a lawyer of the Northern +Neck, a very able, logical, and correct speaker.” <i>Hist. Mag.</i> for +1867, 91. But in another paper, written at about the same time, +Jefferson said: “I can readily enough believe these resolutions +were written by Mr. Henry himself. They bear the stamp of his +mind, strong, without precision. That they were written by Johnston, +who seconded them, was only the rumor of the day, and +very possibly unfounded.” <i>Works</i>, vi. 484. In the face of all +this tissue of rumor, guesswork, and self-contradiction, the deliberate +statement of Patrick Henry himself that he wrote the five +resolutions referred to by him, and that he wrote them “alone, +unadvised, and unassisted,” must close the discussion.</p></div> + +<div class="footnote"><p><a name="Footnote-84" id="Footnote-84"></a><a href="#FNanchor84"><span class="label">[84]</span></a> Verified from the original manuscript, now in possession of +Mr. W. W. Henry.</p></div> + +<div class="footnote"><p><a name="Footnote-85" id="Footnote-85"></a><a href="#FNanchor85"><span class="label">[85]</span></a> Cited by Sparks, in Everett, <i>Life of Henry</i>, 392.</p></div> + +<div class="footnote"><p><a name="Footnote-86" id="Footnote-86"></a><a href="#FNanchor86"><span class="label">[86]</span></a> Perry, <i>Hist. Coll.</i> i. 514, 515.</p></div> + +<div class="footnote"><p><a name="Footnote-87" id="Footnote-87"></a><a href="#FNanchor87"><span class="label">[87]</span></a> <i>Works of John Adams</i>, ii. 249.</p></div> + +<div class="footnote"><p><a name="Footnote-88" id="Footnote-88"></a><a href="#FNanchor88"><span class="label">[88]</span></a> <i>Works of Jefferson</i>, vi. 368.</p></div> + +<div class="footnote"><p><a name="Footnote-89" id="Footnote-89"></a><a href="#FNanchor89"><span class="label">[89]</span></a> <i>Life of Henry</i>, 66.</p></div> +</div> + +<p><span class="pgnm"><a name="Page_90" id="Page_90">[Pg 90]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER VII <br /> +<span class="hsub">STEADY WORK</span></h2> + + +<p>From the close of Patrick Henry’s first term in +the Virginia House of Burgesses, in the spring of +1765, to the opening of his first term in the Continental +Congress, in the fall of 1774, there stretches +a period of about nine years, which, for the purposes +of our present study, may be rapidly glanced +at and passed by.</p> + +<p>In general, it may be described as a period +during which he had settled down to steady work, +both as a lawyer and as a politician. The first +five years of his professional life had witnessed his +advance, as we have seen, by strides which only +genius can make, from great obscurity to great +distinction; his advance from a condition of universal +failure to one of success so universal that +his career may be said to have become within that +brief period solidly established. At the bar, upon +the hustings, in the legislature, as a master of +policies, as a leader of men, he had already proved +himself to be, of his kind, without a peer in all +the colony of Virginia,—a colony which was then +the prolific mother of great men. With him, +therefore, the period of training and of tentative +<span class="pgnm"><a name="Page_91" id="Page_91">[Pg 91]</a></span> +struggle had passed: the period now entered upon +was one of recognized mastership and of assured +performance, along lines certified by victories that +came gayly, and apparently at his slightest call.</p> + +<p>We note, at the beginning of this period, an +event indicating substantial prosperity in his life: +he acquires the visible dignity of a country-seat. +Down to the end of 1763, and probably even to +the summer of 1765, he had continued to live in +the neighborhood of Hanover Court House. After +coming back from his first term of service in the +House of Burgesses, where he had sat as member +for the county of Louisa, he removed his residence +into that county, and established himself there +upon an estate called Roundabout, purchased by +him of his father. In 1768 he returned to Hanover, +and in 1771 he bought a place in that county +called Scotch Town, which continued to be his seat +until shortly after the Declaration of Independence, +when, having become governor of the new +State of Virginia, he took up his residence at +Williamsburg, in the palace long occupied by the +official representatives of royalty.</p> + +<p>For the practice of his profession, the earlier +portion of this period was perhaps not altogether +unfavorable. The political questions then in debate +were, indeed, exciting, but they had not quite +reached the ultimate issue, and did not yet demand +from him the complete surrender of his life. Those +years seem to have been marked by great professional +activity on his part, and by considerable +<span class="pgnm"><a name="Page_92" id="Page_92">[Pg 92]</a></span> +growth in his reputation, even for the higher and +more difficult work of the law. Of course, as the +vast controversy between the colonists and Great +Britain grew in violence, all controversies between +one colonist and another began to seem petty, and +to be postponed; even the courts ceased to meet +with much regularity, and finally ceased to meet at +all; while Patrick Henry himself, forsaking his +private concerns, became entirely absorbed in the +concerns of the public.</p> + +<p>The fluctuations in his engagements as a lawyer, +during all these years, may be traced with some +certainty by the entries in his fee-books. For the +year 1765, he charges fees in 547 cases; for 1766, +in 114 cases; for 1767, in 554 cases; for 1768, in +354 cases. With the next year there begins a +great falling off in the number of his cases; and +the decline continues till 1774, when, in the convulsions +of the time, his practice stops altogether. +Thus, for 1769, there are registered 132 cases; +for 1770, 94 cases; for 1771, 102 cases; for 1772, +43 cases; for 1773, 7 cases; and for 1774, none.<a name="FNanchor90" id="FNanchor90"></a><a href="#Footnote-90" class="fnanchor">[90]</a></p> + +<p>The character of the professional work done by +him during this period deserves a moment’s consideration. +Prior to 1769, he had limited himself +to practice in the courts of the several counties. +In that year he began to practice in the general +court,—the highest court in the colony,—where +of course were tried the most important and difficult +causes, and where thenceforward he had +<span class="pgnm"><a name="Page_93" id="Page_93">[Pg 93]</a></span> +constantly to encounter the most learned and +acute lawyers at the bar, including such men as +Pendleton, Wythe, Blair, Mercer, John Randolph, +Thompson Mason, Thomas Jefferson, and Robert +C. Nicholas.<a name="FNanchor91" id="FNanchor91"></a><a href="#Footnote-91" class="fnanchor">[91]</a></p> + +<p>There could never have been any doubt of his +supreme competency to deal with such criminal +causes as he had to manage in that court or in any +other; and with respect to the conduct of other +than criminal causes, all purely contemporaneous +evidence, now to be had, implies that he had not +ventured to present himself before the higher tribunals +of the land until he had qualified himself +to bear his part there with success and honor. +Thus, the instance may be mentioned of his appearing +in the Court of Admiralty, “in behalf of +a Spanish captain, whose vessel and cargo had +been libeled. A gentleman who was present, and +who was very well qualified to judge, was heard to +declare, after the trial was over, that he never +heard a more eloquent or argumentative speech in +his life; that Mr. Henry was on that occasion +greatly superior to Mr. Pendleton, Mr. Mason, or +any other counsel who spoke to the subject; and +that he was astonished how Mr. Henry could have +acquired such a knowledge of the maritime law, to +which it was believed he had never before turned +his attention.”<a name="FNanchor92" id="FNanchor92"></a><a href="#Footnote-92" class="fnanchor">[92]</a> Moreover, in 1771, just two +years from the time when Patrick Henry began +practice in the General Court, Robert C. Nicholas,<span class="pgnm"><a name="Page_94" id="Page_94">[Pg 94]</a></span> +then a veteran member of the profession, “who +had enjoyed the first practice at the bar,” had +occasion to retire, and began looking about among +the younger men for some competent lawyer to +whom he might safely intrust the unfinished business +of his clients. He first offered his practice to +Thomas Jefferson, who, however, was compelled +to decline it. Afterward, he offered it to Patrick +Henry, who accepted it; and accordingly, by public +advertisement, Nicholas informed his clients +that he had committed to Patrick Henry the further +protection of their interests,<a name="FNanchor93" id="FNanchor93"></a><a href="#Footnote-93" class="fnanchor">[93]</a>—a perfectly +conclusive proof, it should seem, of the real respect +in which Patrick Henry’s qualifications as a lawyer +were then held, not only by the public but by the +profession. Certainly such evidence as this can +hardly be set aside by the supposed recollections +of one old gentleman, of broken memory and unbroken +resentment, who long afterward tried to +convince Wirt that, even at the period now in +question, Patrick Henry was “wofully deficient as +a lawyer,” was unable to contend with his associates +“on a mere question of law,” and was “so +little acquainted with the fundamental principles +of his profession … as not to be able to see the +remote bearings of the reported cases.”<a name="FNanchor94" id="FNanchor94"></a><a href="#Footnote-94" class="fnanchor">[94]</a> The expressions +here quoted are, apparently, Wirt’s own +paraphrase of the statements which were made to +him by Jefferson, and which, in many of their +<span class="pgnm"><a name="Page_95" id="Page_95">[Pg 95]</a></span> +details, can now be proved, on documentary evidence, +to be the work of a hand that had forgot, +not indeed its cunning, but at any rate its accuracy.</p> + +<p>As to the political history of Patrick Henry +during this period, it may be easily described. +The doctrine on which he had planted himself by +his resolutions in 1765, namely, that the parliamentary +taxation of unrepresented colonies is unconstitutional, +became the avowed doctrine of Virginia, +and of all her sister colonies; and nearly all +the men who, in the House of Burgesses, had, for +reasons of propriety, or of expediency, or of personal +feeling, opposed the passage of his resolutions, +soon took pains to make it known to their +constituents that their opposition had not been to +the principle which those resolutions expressed. +Thenceforward, among the leaders in Virginian +politics, there was no real disagreement on the +fundamental question; only such disagreement +touching methods as must always occur between +spirits who are cautious and spirits who are bold. +Chief among the former were Pendleton, Wythe, +Bland, Peyton Randolph, and Nicholas. In the +van of the latter always stood Patrick Henry, and +with him Jefferson, Richard Henry Lee, the +Pages, and George Mason. But between the two +groups, after all, was surprising harmony, which +is thus explained by one who in all that business +had a great part and who never was a laggard:—</p> + + +<div class="blockquot"> +<p>“Sensible, however, of the importance of unanimity +<span class="pgnm"><a name="Page_96" id="Page_96">[Pg 96]</a></span> +among our constituents, although we often wished to +have gone faster, we slackened our pace, that our less +ardent colleagues might keep up with us; and they, on +their part, differing nothing from us in principle, quickened +their gait somewhat beyond that which their prudence +might of itself have advised, and thus consolidated +the phalanx which breasted the power of Britain. By +this harmony of the bold with the cautious, we advanced +with our constituents in undivided mass, and with fewer +examples of separation than, perhaps, existed in any +other part of the union.”<a name="FNanchor95" id="FNanchor95"></a><a href="#Footnote-95" class="fnanchor">[95]</a></p> +</div> + +<p>All deprecated a quarrel with Great Britain; +all deprecated as a boundless calamity the possible +issue of independence; all desired to remain in +loyal, free, and honorable connection with the +British empire; and against the impending danger +of an assault upon the freedom, and consequently +the honor, of this connection, all stood on guard.</p> + +<p>One result, however, of this practical unanimity +among the leaders in Virginia was the absence, +during all this period, of those impassioned and +dramatic conflicts in debate, which would have +called forth historic exhibitions of Patrick Henry’s +eloquence and of his gifts for conduct and command. +He had a leading part in all the counsels +of the time; he was sent to every session of the +House of Burgesses; he was at the front in all +local committees and conventions; he was made a +member of the first Committee of Correspondence; +and all these incidents in this portion of his life +<span class="pgnm"><a name="Page_97" id="Page_97">[Pg 97]</a></span> +culminated in his mission as one of the deputies +from Virginia to the first Continental Congress.</p> + +<p>Without here going into the familiar story of +the occasion and purposes of the Congress of 1774, +we may briefly indicate Patrick Henry’s relation +to the events in Virginia which immediately preceded +his appointment to that renowned assemblage. +On the 24th of May, 1774, the House of +Burgesses, having received the alarming news of +the passage of the Boston Port Bill, designated +the day on which that bill was to take effect—the +first day of June—“as a day of fasting, humiliation, +and prayer, devoutly to implore the Divine +interposition for averting the heavy calamity +which threatens destruction to our civil rights, +and the evils of civil war; to give us one heart +and one mind firmly to oppose, by all just and +proper means, every injury to American rights; +and that the minds of his majesty and his parliament +may be inspired from above with wisdom, +moderation, and justice, to remove from the loyal +people of America all cause of danger, from a +continued pursuit of measures pregnant with their +ruin.”<a name="FNanchor96" id="FNanchor96"></a><a href="#Footnote-96" class="fnanchor">[96]</a> Two days afterward, the governor, Lord +Dunmore, having summoned the House to the +council chamber, made to them this little speech:—</p> + +<div class="blockquot"> +<p>“Mr. Speaker and gentlemen of the House of Burgesses, +I have in my hand a paper published by order of +your House, conceived in such terms as reflect highly +upon his majesty and the Parliament of Great Britain,<span class="pgnm"><a name="Page_98" id="Page_98">[Pg 98]</a></span> +which makes it necessary for me to dissolve you, and +you are dissolved accordingly.”<a name="FNanchor97" id="FNanchor97"></a><a href="#Footnote-97" class="fnanchor">[97]</a></p> +</div> + +<p>At ten o’clock on the following day, May 27, +the members of the late House met by agreement +at the Raleigh Tavern, and there promptly passed +a nobly-worded resolution, deploring the policy +pursued by Parliament and suggesting the establishment +of an annual congress of all the colonies, +“to deliberate on those general measures which +the united interests of America may from time to +time require.”<a name="FNanchor98" id="FNanchor98"></a><a href="#Footnote-98" class="fnanchor">[98]</a></p> + +<p>During the anxious days and nights immediately +preceding the dissolution of the House, its prominent +members held many private conferences with +respect to the course to be pursued by Virginia. +In all these conferences, as we are told, “Patrick +Henry was the leader;”<a name="FNanchor99" id="FNanchor99"></a><a href="#Footnote-99" class="fnanchor">[99]</a> and a very able man, +George Mason, who was just then a visitor at +Williamsburg, and was admitted to the consultations +of the chiefs, wrote at the time concerning +him: “He is by far the most powerful speaker I +ever heard.… But his eloquence is the smallest +part of his merit. He is, in my opinion, the first +man upon this continent, as well in abilities as +public virtues.”<a name="FNanchor100" id="FNanchor100"></a><a href="#Footnote-100" class="fnanchor">[100]</a></p> + +<p><span class="pgnm"><a name="Page_99" id="Page_99">[Pg 99]</a></span> +In response to a recommendation made by leading +members of the recent House of Burgesses, a +convention of delegates from the several counties +of Virginia assembled at Williamsburg, on August +1, 1774, to deal with the needs of the hour, and +especially to appoint deputies to the proposed +congress at Philadelphia. The spirit in which +this convention transacted its business is sufficiently +shown in the opening paragraphs of the letter of +instructions which it gave to the deputies whom it +sent to the congress:—</p> + +<div class="blockquot"><p>“The unhappy disputes between Great Britain and +her American colonies, which began about the third year +of the reign of his present majesty, and since, continually +increasing, have proceeded to lengths so dangerous +and alarming as to excite just apprehensions in the +minds of his majesty’s faithful subjects of this colony +that they are in danger of being deprived of their natural, +ancient, constitutional, and chartered rights, have +compelled them to take the same into their most serious +consideration; and being deprived of their usual and +accustomed mode of making known their grievances, +have appointed us their representatives, to consider what +is proper to be done in this dangerous crisis of American +affairs.</p> + +<p>“It being our opinion that the united wisdom of North +America should be collected in a general congress of all +the colonies, we have appointed the honorable Peyton +Randolph, Esquire, Richard Henry Lee, George Washington, +Patrick Henry, Richard Bland, Benjamin Harrison, +and Edmund Pendleton, Esquires, deputies to +represent this colony in the said congress, to be held at +<span class="pgnm"><a name="Page_100" id="Page_100">[Pg 100]</a></span> +Philadelphia on the first Monday in September next. +And that they may be the better informed of our sentiments +touching the conduct we wish them to observe on +this important occasion, we desire that they will express, +in the first place, our faith and true allegiance to his +majesty King George the Third, our lawful and rightful +sovereign; and that we are determined, with our lives +and fortunes, to support him in the legal exercise of all +his just rights and prerogatives; and however misrepresented, +we sincerely approve of a constitutional connection +with Great Britain, and wish most ardently a return +of that intercourse of affection and commercial connection +that formerly united both countries; which can only +be effected by a removal of those causes of discontent +which have of late unhappily divided us.… The +power assumed by the British Parliament to bind America +by their statutes, in all cases whatsoever, is unconstitutional, +and the source of these unhappy differences.”<a name="FNanchor101" id="FNanchor101"></a><a href="#Footnote-101" class="fnanchor">[101]</a></p> +</div> + +<p>The convention at Williamsburg, of which, of +course, Patrick Henry was a member, seems to +have adjourned on Saturday, the 6th of August. +Between that date and the time for his departure +to attend the congress at Philadelphia, we may +imagine him as busily engaged in arranging his +affairs for a long absence from home, and even +then as not getting ready to begin the long journey +until many of his associates had nearly reached +the end of it.</p> + + +<div class="footnotes"> +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-90" id="Footnote-90"></a><a href="#FNanchor90"><span class="label">[90]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-91" id="Footnote-91"></a><a href="#FNanchor91"><span class="label">[91]</span></a> Wirt, 70, 71.</p></div> + +<div class="footnote"><p><a name="Footnote-92" id="Footnote-92"></a><a href="#FNanchor92"><span class="label">[92]</span></a> Wirt, 71, 72.</p></div> + +<div class="footnote"><p><a name="Footnote-93" id="Footnote-93"></a><a href="#FNanchor93"><span class="label">[93]</span></a> Randall, <i>Life of Jefferson</i>, i. 49; Wirt, 77.</p></div> + +<div class="footnote"><p><a name="Footnote-94" id="Footnote-94"></a><a href="#FNanchor94"><span class="label">[94]</span></a> Wirt, 71.</p></div> + +<div class="footnote"><p><a name="Footnote-95" id="Footnote-95"></a><a href="#FNanchor95"><span class="label">[95]</span></a> Jefferson’s <i>Works</i>, vi. 368.</p></div> + +<div class="footnote"><p><a name="Footnote-96" id="Footnote-96"></a><a href="#FNanchor96"><span class="label">[96]</span></a> 4 <i>Am. Arch.</i> i. 350.</p></div> + +<div class="footnote"><p><a name="Footnote-97" id="Footnote-97"></a><a href="#FNanchor97"><span class="label">[97]</span></a> Campbell, <i>Hist. Va.</i> 573.</p></div> + +<div class="footnote"><p><a name="Footnote-98" id="Footnote-98"></a><a href="#FNanchor98"><span class="label">[98]</span></a> 4 <i>Am. Arch.</i> i. 350, 351. The narrative of these events as given +by Wirt and by Campbell has several errors. They seem to have +been misled by Jefferson, who, in his account of the business +(<i>Works</i>, i. 122, 123), is, if possible, rather more inaccurate than +usual.</p></div> + +<div class="footnote"><p><a name="Footnote-99" id="Footnote-99"></a><a href="#FNanchor99"><span class="label">[99]</span></a> Campbell, <i>Hist. Va.</i> 573.</p></div> + +<div class="footnote"><p><a name="Footnote-100" id="Footnote-100"></a><a href="#FNanchor100"><span class="label">[100]</span></a> Mason to Martin Cockburn, <i>Va. Hist. Reg.</i> iii. 27-29.</p></div> + +<div class="footnote"><p><a name="Footnote-101" id="Footnote-101"></a><a href="#FNanchor101"><span class="label">[101]</span></a> The full text of this letter of instructions is given in 4 <i>Am. +Arch.</i> i. 689, 690. With this should be compared note C. in Jefferson’s +<i>Works</i>, i. 122-142.</p></div> +</div> + + +<p><span class="pgnm"><a name="Page_101" id="Page_101">[Pg 101]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER VIII <br /> +<span class="hsub">IN THE FIRST CONTINENTAL CONGRESS</span></h2> + + +<p>On the morning of Tuesday, the 30th of August, +Patrick Henry arrived on horseback at Mt. Vernon, +the home of his friend and colleague, George +Washington; and having remained there that day +and night, he set out for Philadelphia on the following +morning, in the company of Washington +and of Edmund Pendleton. From the jottings in +Washington’s diary,<a name="FNanchor102" id="FNanchor102"></a><a href="#Footnote-102" class="fnanchor">[102]</a> we can so far trace the progress +of this trio of illustrious horsemen, as to +ascertain that on Sunday, the 4th of September, +they “breakfasted at Christiana Ferry; dined at +Chester;” and reached Philadelphia for supper—thus +arriving in town barely in time to be present +at the first meeting of the Congress on the morning +of the 5th.</p> + +<p>John Adams had taken pains to get upon the +ground nearly a week earlier; and carefully gathering +all possible information concerning his future +associates, few of whom he had then ever seen, he +wrote in his diary that the Virginians were said +to “speak in raptures about Richard Henry Lee +<span class="pgnm"><a name="Page_102" id="Page_102">[Pg 102]</a></span> +and Patrick Henry, one the Cicero, and the other +the Demosthenes, of the age.”<a name="FNanchor103" id="FNanchor103"></a><a href="#Footnote-103" class="fnanchor">[103]</a></p> + +<p>Not far from the same time, also, a keen-witted +Virginian, Roger Atkinson, at his home near Petersburg, +was writing to a friend about the men +who had gone to represent Virginia in the great +Congress; and this letter of his, though not meant +for posterity, has some neat, off-hand portraits +which posterity may, nevertheless, be glad to look +at. Peyton Randolph is “a venerable man … +an honest man; has knowledge, temper, experience, +judgment,—above all, integrity; a true +Roman spirit.” Richard Bland is “a wary, old, +experienced veteran at the bar and in the senate; +has something of the look of old musty parchments, +which he handleth and studieth much. He formerly +wrote a treatise against the Quakers on +water-baptism.” Washington “is a soldier,—a +warrior; he is a modest man; sensible; speaks +little; in action cool, like a bishop at his prayers.” +Pendleton “is an humble and religious man, and +must be exalted. He is a smooth-tongued speaker, +and, though not so old, may be compared to old +Nestor,—</p> + +<p class="center">‘Experienced Nestor, in persuasion skilled,<br /> +Words sweet as honey from his lips distilled.’”</p> + +<p>But Patrick Henry “is a real half-Quaker,—your +brother’s man,—moderate and mild, and in +religious matters a saint; but the very devil in +politics; a son of thunder. He will shake the +<span class="pgnm"><a name="Page_103" id="Page_103">[Pg 103]</a></span> +Senate. Some years ago he had liked to have +talked treason into the House.”<a name="FNanchor104" id="FNanchor104"></a><a href="#Footnote-104" class="fnanchor">[104]</a></p> + +<p>Few of the members of this Congress had ever +met before; and if all had arrived upon the scene +as late as did these three members from Virginia, +there might have been some difficulty, through a +lack of previous consultation and acquaintance, in +organizing the Congress on the day appointed, and +in entering at once upon its business. In fact, +however, more than a week before the time for the +first meeting, the delegates had begun to make +their appearance in Philadelphia; thenceforward +with each day the arrivals continued; by Thursday, +the 1st of September, twenty-five delegates, +nearly one half of the entire body elected, were in +town;<a name="FNanchor105" id="FNanchor105"></a><a href="#Footnote-105" class="fnanchor">[105]</a> and probably, during all that week, no +day and no night had passed without many an informal +conference respecting the business before +them, and the best way of doing it.</p> + +<p>Concerning these memorable men of the first +Continental Congress, it must be confessed that as +the mists of a hundred years of glorifying oratory +and of semi-poetic history have settled down upon +them, they are now enveloped in a light which +seems to distend their forms to proportions almost +superhuman, and to cast upon their faces a gravity +that hardly belongs to this world; and it may, +perhaps, help us to bring them and their work +somewhat nearer to the plane of natural human +<span class="pgnm"><a name="Page_104" id="Page_104">[Pg 104]</a></span> +life and motive, and into a light that is as the +light of reality, if, turning to the daily memoranda +made at the time by one of their number, we can +see how merrily, after all, nay, with what flowing +feasts, with what convivial communings, passed +those days and nights of preparation for the difficult +business they were about to take in hand.</p> + +<p>For example, on Monday, the 29th of August, +when the four members of the Massachusetts delegation +had arrived within five miles of the city, +they were met by an escort of gentlemen, partly +residents of Philadelphia, and partly delegates +from other colonies, who had come out in carriages +to greet them.</p> + +<div class="blockquot"> +<p>“We were introduced,” writes John Adams, “to all +these gentlemen, and most cordially welcomed to Philadelphia. +We then rode into town, and dirty, dusty, and +fatigued as we were, we could not resist the importunity +to go to the tavern, the most genteel one in America. +There we were introduced to a number of other gentlemen +of the city, … and to Mr. Lynch and Mr. Gadsden, +of South Carolina. Here we had a fresh welcome +to the city of Philadelphia; and after some time spent +in conversation, a curtain was drawn, and in the other +half of the chamber a supper appeared as elegant as ever +was laid upon a table. About eleven o’clock we retired.</p> + +<p>“30, Tuesday. Walked a little about town; visited +the market, the State House, the Carpenters’ Hall, where +the Congress is to sit, etc.; then called at Mr. Mifflin’s, +a grand, spacious, and elegant house. Here we had +much conversation with Mr. Charles Thomson, who is +… the Sam Adams of Philadelphia, the life of the +<span class="pgnm"><a name="Page_105" id="Page_105">[Pg 105]</a></span> +cause of liberty, they say. A Friend, Collins, came to +see us, and invited us to dine on Thursday. We returned +to our lodgings, and Mr. Lynch, Mr. Gadsden, +Mr. Middleton, and young Mr. Rutledge came to visit us.</p> + +<p>“31, Wednesday. Breakfasted at Mr. Bayard’s, of +Philadelphia, with Mr. Sprout, a Presbyterian minister. +Made a visit to Governor Ward of Rhode Island, at his +lodgings. There we were introduced to several gentlemen. +Mr. Dickinson, the Farmer of Pennsylvania, +came in his coach with four beautiful horses to Mr. +Ward’s lodgings, to see us.… We dined with Mr. +Lynch, his lady and daughter, at their lodgings, … +and a very agreeable dinner and afternoon we had, notwithstanding +the violent heat. We were all vastly +pleased with Mr. Lynch. He is a solid, firm, judicious +man.</p> + +<p>“September 1, Thursday. This day we breakfasted +at Mr. Mifflin’s. Mr. C. Thomson came in, and soon +after Dr. Smith, the famous Dr. Smith, the provost of +the college.… We then went to return visits to the +gentlemen who had visited us. We visited a Mr. Cadwallader, +a gentleman of large fortune, a grand and elegant +house and furniture. We then visited Mr. Powell, +another splendid seat. We then visited the gentlemen +from South Carolina, and, about twelve, were introduced +to Mr. Galloway, the speaker of the House in Pennsylvania. +We dined at Friend Collins’ … with Governor +Hopkins, Governor Ward, Mr. Galloway, Mr. Rhoades, +etc. In the evening all the gentlemen of the Congress +who were arrived in town, met at Smith’s, the new city +tavern, and spent the evening together. Twenty-five +members were come. Virginia, North Carolina, Maryland, +and the city of New York were not arrived.<span class="pgnm"><a name="Page_106" id="Page_106">[Pg 106]</a></span></p> + +<p>“2, Friday. Dined at Mr. Thomas Mifflin’s with +Mr. Lynch, Mr. Middleton, and the two Rutledges with +their ladies.… We were very sociable and happy. +After coffee we went to the tavern, where we were introduced +to Peyton Randolph, Esquire, speaker of Virginia, +Colonel Harrison, Richard Henry Lee, Esquire, +and Colonel Bland.… These gentlemen from Virginia +appear to be the most spirited and consistent of +any. Harrison said he would have come on foot rather +than not come. Bland said he would have gone, upon +this occasion, if it had been to Jericho.</p> + +<p>“3, Saturday. Breakfasted at Dr. Shippen’s; Dr. +Witherspoon was there. Col. R. H. Lee lodges there; +he is a masterly man.… We went with Mr. William +Barrell to his store, and drank punch, and ate dried +smoked sprats with him; read the papers and our letters +from Boston; dined with Mr. Joseph Reed, the +lawyer; … spent the evening at Mr. Mifflin’s, with +Lee and Harrison from Virginia, the two Rutledges, Dr. +Witherspoon, Dr. Shippen, Dr. Steptoe, and another +gentleman; an elegant supper, and we drank sentiments +till eleven o’clock. Lee and Harrison were very high. +Lee had dined with Mr. Dickinson, and drank Burgundy +the whole afternoon.”<a name="FNanchor106" id="FNanchor106"></a><a href="#Footnote-106" class="fnanchor">[106]</a></p> +</div> + +<p>Accordingly, at 10 o’clock on Monday morning, +the 5th of September, when the delegates assembled +at their rendezvous, the city tavern, and +marched together through the streets to Carpenters’ +Hall, for most of them the stiffness of a first introduction +was already broken, and they could +greet one another that morning with something of +<span class="pgnm"><a name="Page_107" id="Page_107">[Pg 107]</a></span> +the freedom and good fellowship of boon companions. +Moreover, they were then ready to proceed +to business under the advantage of having arranged +beforehand an outline of what was first to be done. +It had been discovered, apparently, that the first +serious question which would meet them after +their formal organization, was one relating to the +method of voting in the Congress, namely, whether +each deputy should have a vote, or only each colony; +and if the latter, whether the vote of each +colony should be proportioned to its population +and property.</p> + +<p>Having arrived at the hall, and inspected it, +and agreed that it would serve the purpose, the +delegates helped themselves to seats. Then Mr. +Lynch of South Carolina arose, and nominated +Mr. Peyton Randolph of Virginia for president. +This nomination having been unanimously adopted, +Mr. Lynch likewise proposed Mr. Charles Thomson +for secretary, which was carried without opposition; +but as Mr. Thomson was not a delegate, +and of course was not then present, the doorkeeper +was instructed to go out and find him, and say to +him that his immediate attendance was desired by +the Congress.</p> + +<p>Next came the production and inspection of credentials. +The roll indicated that of the fifty-two +delegates appointed, forty-four were already upon +the ground,—constituting an assemblage of representative +Americans, which, for dignity of character +and for intellectual eminence, was undoubtedly the +<span class="pgnm"><a name="Page_108" id="Page_108">[Pg 108]</a></span> +most imposing that the colonies had ever seen. +In that room that day were such men as John +Sullivan, John and Samuel Adams, Stephen Hopkins, +Roger Sherman, James Duane, John Jay, +Philip and William Livingston, Joseph Galloway, +Thomas Mifflin, Cæsar Rodney, Thomas McKean, +George Read, Samuel Chase, John and Edward +Rutledge, Christopher Gadsden, Henry Middleton, +Edmund Pendleton, George Washington, and +Patrick Henry.</p> + +<p>Having thus got through with the mere routine +of organization, which must have taken a considerable +time, James Duane, of New York, moved the +appointment of a committee “to prepare regulations +for this Congress.” To this several gentlemen +objected; whereupon John Adams, thinking +that Duane’s purpose might have been misunderstood, +“asked leave of the president to request of +the gentleman from New York an explanation, +and that he would point out some particular regulations +which he had in his mind.” In reply to +this request, Duane “mentioned particularly the +method of voting, whether it should be by colonies, +or by the poll, or by interests.”<a name="FNanchor107" id="FNanchor107"></a><a href="#Footnote-107" class="fnanchor">[107]</a> Thus Duane +laid his finger on perhaps the most sensitive nerve +in that assemblage; but as he sat down, the discussion +of the subject which he had mentioned was +interrupted by a rather curious incident. This +was the return of the doorkeeper, having under his +escort Mr. Charles Thomson. The latter walked +<span class="pgnm"><a name="Page_109" id="Page_109">[Pg 109]</a></span> +up the aisle, and standing opposite to the president, +said, with a bow, that he awaited his pleasure. +The president replied: “Congress desire the favor +of you, sir, to take their minutes.” Without a +word, only bowing his acquiescence, the secretary +took his seat at his desk, and began those modest +but invaluable services from which he did not +cease until the Congress of the Confederation was +merged into that of the Union.</p> + +<p>The discussion, into which this incident had +fallen as a momentary episode, was then resumed. +“After a short silence,” says the man who was +thus inducted into office, “Patrick Henry arose to +speak. I did not then know him. He was dressed +in a suit of parson’s gray, and from his appearance +I took him for a Presbyterian clergyman, used to +haranguing the people. He observed that we were +here met in a time and on an occasion of great +difficulty and distress; that our public circumstances +were like those of a man in deep embarrassment +and trouble, who had called his friends together +to devise what was best to be done for his +relief;—one would propose one thing, and another +a different one, whilst perhaps a third would think +of something better suited to his unhappy circumstances, +which he would embrace, and think no +more of the rejected schemes with which he would +have nothing to do.”<a name="FNanchor108" id="FNanchor108"></a><a href="#Footnote-108" class="fnanchor">[108]</a></p> + +<p><span class="pgnm"><a name="Page_110" id="Page_110">[Pg 110]</a></span> +Such is the rather meagre account, as given by +one ear-witness, of Patrick Henry’s first speech in +the Congress of 1774. From another ear-witness +we have another account, likewise very meagre, +but giving, probably, a somewhat more adequate +idea of the drift and point of what he said:—</p> + +<div class="blockquot"><p>“Mr. Henry then arose, and said this was the first +general congress which had ever happened; that no +former congress could be a precedent; that we should +have occasion for more general congresses, and therefore +that a precedent ought to be established now; that it +would be a great injustice if a little colony should have +the same weight in the councils of America as a great +one; and therefore he was for a committee.”<a name="FNanchor109" id="FNanchor109"></a><a href="#Footnote-109" class="fnanchor">[109]</a></p> +</div> + +<p>The notable thing about both these accounts is +that they agree in showing Patrick Henry’s first +speech in Congress to have been not, as has been +represented, an impassioned portrayal of “general +grievances,” but a plain and quiet handling of a +mere “detail of business.” In the discussion he +was followed by John Sullivan, who merely observed +that “a little colony had its all at stake as +well as a great one.” The floor was then taken +by John Adams, who seems to have made a searching +and vigorous argument,—exhibiting the great +difficulties attending any possible conclusion to +which they might come respecting the method of +<span class="pgnm"><a name="Page_111" id="Page_111">[Pg 111]</a></span> +voting. At the end of his speech, apparently, the +House adjourned, to resume the consideration of +the subject on the following day.<a name="FNanchor110" id="FNanchor110"></a><a href="#Footnote-110" class="fnanchor">[110]</a></p> + +<p>Accordingly, on Tuesday morning the discussion +was continued, and at far greater length than on +the previous day; the first speaker being Patrick +Henry himself, who seems now to have gone into +the subject far more broadly, and with much greater +intensity of thought, than in his first speech.</p> + +<div class="blockquot"> +<p>“‘Government,’ said he, ‘is dissolved. Fleets and +armies and the present state of things show that government +is dissolved. Where are your landmarks, your +boundaries of colonies? We are in a state of nature, +sir. I did propose that a scale should be laid down; +that part of North America which was once Massachusetts +Bay, and that part which was once Virginia, ought +to be considered as having a weight. Will not people +complain,—“Ten thousand Virginians have not outweighed +one thousand others?”</p> + +<p>“‘I will submit, however; I am determined to submit, +if I am overruled.</p> + +<p>“‘A worthy gentleman near me [John Adams] seemed +to admit the necessity of obtaining a more adequate +representation.<span class="pgnm"><a name="Page_112" id="Page_112">[Pg 112]</a></span></p> + +<p>“‘I hope future ages will quote our proceedings with +applause. It is one of the great duties of the democratical +part of the constitution to keep itself pure. It +is known in my province that some other colonies are +not so numerous or rich as they are. I am for giving +all the satisfaction in my power.</p> + +<p>“‘The distinctions between Virginians, Pennsylvanians, +New Yorkers, and New Englanders are no more. +I am not a Virginian, but an American.</p> + +<p>“‘Slaves are to be thrown out of the question; and if +the freemen can be represented according to their numbers, +I am satisfied.’</p> + +<p>“The subject was then debated at length by Lynch, +Rutledge, Ward, Richard Henry Lee, Gadsden, Bland, +and Pendleton, when Patrick Henry again rose:—</p> + +<p>“‘I agree that authentic accounts cannot be had, if +by authenticity is meant attestations of officers of the +crown. I go upon the supposition that government is at +an end. All distinctions are thrown down. All America +is thrown into one mass. We must aim at the minutiæ +of rectitude.’”</p> +</div> + +<p>Patrick Henry was then followed by John Jay, +who seems to have closed the debate, and whose +allusion to what his immediate predecessor had +said gives us some hint of the variations in Revolutionary +opinion then prevailing among the members, +as well as of the advanced position always +taken by Patrick Henry:—</p> + +<div class="blockquot"><p>“‘Could I suppose that we came to frame an American +constitution, instead of endeavoring to correct the faults +in an old one, I can’t yet think that all government is +at an end. The measure of arbitrary power is not full;<span class="pgnm"><a name="Page_113" id="Page_113">[Pg 113]</a></span> +and I think it must run over, before we undertake to +frame a new constitution. To the virtue, spirit, and +abilities of Virginia we owe much. I should always, +therefore, from inclination as well as justice, be for giving +Virginia its full weight. I am not clear that we +ought not to be bound by a majority, though ever so +small; but I only mentioned it as a matter of danger +worthy of consideration.’”<a name="FNanchor111" id="FNanchor111"></a><a href="#Footnote-111" class="fnanchor">[111]</a></p> +</div> + +<p>Of this entire debate, the most significant issue +is indicated by the following passage from the +journal for Tuesday, the 6th of September:—</p> + +<div class="blockquot"> +<p>“<i>Resolved</i>, that in determining questions in this Congress, +each colony or province shall have one vote; the +Congress not being possessed of, or at present able to +procure, proper materials for ascertaining the importance +of each colony.”<a name="FNanchor112" id="FNanchor112"></a><a href="#Footnote-112" class="fnanchor">[112]</a></p> +</div> + +<p>So far as it is now possible to ascertain it, such +was Patrick Henry’s part in the first discussion +held by the first Continental Congress,—a discussion +occupying parts of two days, and relating +purely to methods of procedure by that body, and +not to the matters of grievance between the colonies +and Great Britain. We have a right to infer +something as to the quality of the first impression +made upon his associates by Patrick Henry in +consequence of his three speeches in this discussion, +from the fact that when, at the close of it, an +order was taken for the appointment of two grand +committees, one “to state the rights of the colonies,” +<span class="pgnm"><a name="Page_114" id="Page_114">[Pg 114]</a></span> +the other “to examine and report the several +statutes which affect the trade and manufactures +of the colonies,” Patrick Henry was chosen to +represent Virginia on the latter +committee,<a name="FNanchor113" id="FNanchor113"></a><a href="#Footnote-113" class="fnanchor">[113]</a>—a +position not likely to have been selected for a man +who, however eloquent he may have seemed, had +not also shown business-like and lawyer-like qualities.</p> + +<p>The Congress kept steadily at work from Monday, +the 5th of September, to Wednesday, the +26th of October,—just seven weeks and two days. +Though not a legislative body, it resembled all +legislative bodies then in existence, in the fact +that it sat with closed doors, and that it gave to +the public only such results as it chose to give. +Upon the difficult and exciting subjects which +came before it, there were, very likely, many +splendid passages of debate; and we cannot doubt +that in all these discussions Patrick Henry took +his usually conspicuous and powerful share. Yet +no official record was kept of what was said by any +member; and it is only from the hurried private +memoranda of two of his colleagues that we are +able to learn anything more respecting Patrick +Henry’s participation in the debates of those seven +weeks.</p> + +<p>For example, just two weeks after the opening +of this Congress, one of its most critical members, +Silas Deane of Connecticut, in a letter to his wife, +gave some capital sketches of his more prominent +<span class="pgnm"><a name="Page_115" id="Page_115">[Pg 115]</a></span> +associates there, especially those from the South,—as +Randolph, Harrison, Washington, Pendleton, +Richard Henry Lee, and Patrick Henry. +The latter he describes as “a lawyer, and the +completest speaker I ever heard. If his future +speeches are equal to the small samples he has +hitherto given us, they will be worth preserving; +but in a letter I can give you no idea of the music +of his voice, or the high-wrought yet natural elegance +of his style and manner.”<a name="FNanchor114" id="FNanchor114"></a><a href="#Footnote-114" class="fnanchor">[114]</a></p> + +<p>It was on the 28th of September that Joseph +Galloway brought forward his celebrated plan for +a permanent reconciliation between Great Britain +and her colonies. This was simply a scheme for +what we should now call home rule, on a basis of +colonial confederation, with an American parliament +to be elected every three years by the legislatures +of the several colonies, and with a governor-general +to be appointed by the crown. The +plan came very near to adoption.<a name="FNanchor115" id="FNanchor115"></a><a href="#Footnote-115" class="fnanchor">[115]</a> The member +who introduced it was a man of great ability and +great influence; it was supported by James Duane +and John Jay; it was pronounced by Edward Rutledge +to be “almost a perfect plan;” and in the +final trial it was lost only by a vote of six colonies +to five. Could it have been adopted, the disruption +of the British empire would certainly have +been averted for that epoch, and, as an act of violence +<span class="pgnm"><a name="Page_116" id="Page_116">[Pg 116]</a></span> +and of unkindness, would perhaps have been +averted forever; while the thirteen English colonies +would have remained English colonies, without +ceasing to be free.</p> + +<p>The plan, however, was distrusted and resisted, +with stern and implacable hostility, by the more +radical members of the Congress, particularly by +those from Massachusetts and Virginia; and an +outline of what Patrick Henry said in his assault +upon it, delivered on the very day on which it was +introduced, is thus given by John Adams:—</p> + +<div class="blockquot"> +<p>“The original constitution of the colonies was founded +on the broadest and most generous base. The regulation +of our trade was compensation enough for all the +protection we ever experienced from her.</p> + +<p>“We shall liberate our constituents from a corrupt +House of Commons, but throw them into the arms of an +American legislature, that may be bribed by that nation +which avows, in the face of the world, that bribery is a +part of her system of government.</p> + +<p>“Before we are obliged to pay taxes as they do, let +us be as free as they; let us have our trade open with +all the world.</p> + +<p>“We are not to consent by the representatives of +representatives.</p> + +<p>“I am inclined to think the present measures lead to +war.”<a name="FNanchor116" id="FNanchor116"></a><a href="#Footnote-116" class="fnanchor">[116]</a></p> +</div> + +<p>The only other trace to be discovered of Patrick +Henry’s activity in the debates of this Congress +belongs to the day just before the one on which +<span class="pgnm"><a name="Page_117" id="Page_117">[Pg 117]</a></span> +Galloway’s plan was introduced. The subject +then under discussion was the measure for non-importation +and non-exportation. On considerations +of forbearance, Henry tried to have the date +for the application of this measure postponed from +November to December, saying, characteristically, +“We don’t mean to hurt even our rascals, if we +have any.”<a name="FNanchor117" id="FNanchor117"></a><a href="#Footnote-117" class="fnanchor">[117]</a></p> + +<p>Probably the most notable work done by this +Congress was its preparation of those masterly +state papers in which it interpreted and affirmed +the constitutional attitude of the colonies, and +which, when laid upon the table of the House of +Lords, drew forth the splendid encomium of Chatham.<a name="FNanchor118" id="FNanchor118"></a><a href="#Footnote-118" class="fnanchor">[118]</a> +In many respects the most important, and +certainly the most difficult, of these state papers, +was the address to the king. The motion for such +an address was made on the 1st of October. On +the same day the preparation of it was entrusted +to a very able committee, consisting of Richard +Henry Lee, John Adams, Thomas Johnson, Patrick +Henry, and John Rutledge; and on the 21st +of October the committee was strengthened by the +accession of John Dickinson, who had entered the +Congress but four days before.<a name="FNanchor119" id="FNanchor119"></a><a href="#Footnote-119" class="fnanchor">[119]</a> Precisely what +part Patrick Henry took in the preparation of this +address is not now known; but there is no evidence +whatever for the assertion<a name="FNanchor120" id="FNanchor120"></a><a href="#Footnote-120" class="fnanchor">[120]</a> that the first draft,<span class="pgnm"><a name="Page_118" id="Page_118">[Pg 118]</a></span> +which, when submitted to Congress, proved to be +unsatisfactory, was the work of Patrick Henry. +That draft, as is now abundantly proved, was prepared +by the chairman of the committee, Richard +Henry Lee, but after full instructions from Congress +and from the committee itself.<a name="FNanchor121" id="FNanchor121"></a><a href="#Footnote-121" class="fnanchor">[121]</a> In its final +form, the address was largely moulded by the expert +and gentle hand of John Dickinson.<a name="FNanchor122" id="FNanchor122"></a><a href="#Footnote-122" class="fnanchor">[122]</a> No one +can doubt, however, that even though Patrick +Henry may have contributed nothing to the literary +execution of this fine address, he was not inactive +in its construction,<a name="FNanchor123" id="FNanchor123"></a><a href="#Footnote-123" class="fnanchor">[123]</a> and that he was not +likely to have suggested any abatement from its +free and manly spirit.</p> + +<p>The only other committee on which he is known +to have served during this Congress was one to +which his name was added on the 19th of September,—“the +committee appointed to state the rights +of the colonies,”<a name="FNanchor124" id="FNanchor124"></a><a href="#Footnote-124" class="fnanchor">[124]</a> an object, certainly, far better +suited to the peculiarities of his talents and of his +temper than that of the committee for the conciliation +of a king.</p> + +<p>Of course, the one gift in which Patrick Henry +excelled all other men of his time and neighborhood +was the gift of eloquence; and it is not to be +<span class="pgnm"><a name="Page_119" id="Page_119">[Pg 119]</a></span> +doubted that in many other forms of effort, involving, +for example, plain sense, practical experience, +and knowledge of details, he was often equaled, +and perhaps even surpassed, by men who had not +a particle of his genius for oratory. This fact, +the analogue of which is common in the history of +all men of genius, seems to be the basis of an anecdote +which, possibly, is authentic, and which, at +any rate, has been handed down by one who was +always a devoted friend<a name="FNanchor125" id="FNanchor125"></a><a href="#Footnote-125" class="fnanchor">[125]</a> of the great orator. It +is said that, after Henry and Lee had made their +first speeches, Samuel Chase of Maryland was so +impressed by their superiority that he walked over +to the seat of one of his colleagues and said: “We +might as well go home; we are not able to legislate +with these men.” But some days afterward, perhaps +in the midst of the work of the committee on +the statutes affecting trade and commerce, the +same member was able to relieve himself by the +remark: “Well, after all, I find these are but +men, and, in mere matters of business, but very +common men.”<a name="FNanchor126" id="FNanchor126"></a><a href="#Footnote-126" class="fnanchor">[126]</a></p> + +<p>It seems hardly right to pass from these studies +upon the first Continental Congress, and upon +Patrick Henry’s part in it, without some reference +to Wirt’s treatment of the subject in a book which +has now been, for nearly three quarters of a century, +the chief source of public information concerning +<span class="pgnm"><a name="Page_120" id="Page_120">[Pg 120]</a></span> +Patrick Henry. There is perhaps no other +portion of this book which is less worthy of respect.<a name="FNanchor127" id="FNanchor127"></a><a href="#Footnote-127" class="fnanchor">[127]</a> +It is not only unhistoric in nearly all the +very few alleged facts of the narrative, but it does +great injustice to Patrick Henry by representing +him virtually as a mere declaimer, as an ill-instructed +though most impressive rhapsodist in debate, +and as without any claim to the character of +a serious statesman, or even of a man of affairs; +while, by the somewhat grandiose and melodramatic +tone of some portion of the narrative, it is +singularly out of harmony with the real tone of +that famous assemblage,—an assemblage of Anglo-Saxon +lawyers, politicians, and men of business, +who were probably about as practical and +sober-minded a company as had been got together +for any manly undertaking since that of Runnymede.</p> + +<p>Wirt begins by convening his Congress one day +too soon, namely, on the 4th of September, which +was Sunday; and he represents the members as +“personally strangers” to one another, and as sitting, +after their preliminary organization, in a +“long and deep silence,” the members meanwhile +looking around upon each other with a sort of +helpless anxiety, “every individual” being reluctant +“to open a business so fearfully momentous.” +But</p> + +<div class="blockquot"> +<p>“in the midst of this deep and death-like silence, and +just when it was beginning to become painfully embarrassing,<span class="pgnm"><a name="Page_121" id="Page_121">[Pg 121]</a></span> +Mr. Henry arose slowly, as if borne down by +the weight of the subject. After faltering, according +to his habit, through a most impressive exordium, in +which he merely echoed back the consciousness of every +other heart in deploring his inability to do justice to +the occasion, he launched gradually into a recital of the +colonial wrongs. Rising, as he advanced, with the grandeur +of his subject, and glowing at length with all the +majesty and expectation of the occasion, his speech +seemed more than that of mortal man. Even those who +had heard him in all his glory in the House of Burgesses +of Virginia were astonished at the manner in which his +talents seemed to swell and expand themselves to fill the +vaster theatre in which he was now placed. There was +no rant, no rhapsody, no labor of the understanding, no +straining of the voice, no confusion of the utterance. +His countenance was erect, his eye steady, his action +noble, his enunciation clear and firm, his mind poised on +its centre, his views of his subject comprehensive and +great, and his imagination coruscating with a magnificence +and a variety which struck even that assembly +with amazement and awe. He sat down amidst murmurs +of astonishment and applause; and, as he had +been before proclaimed the greatest orator of Virginia, +he was now on every hand admitted to be the first orator +of America.”<a name="FNanchor128" id="FNanchor128"></a><a href="#Footnote-128" class="fnanchor">[128]</a></p> +</div> + +<p>This great speech from Patrick Henry, which +certainly was not made on that occasion, and probably +was never made at all, Wirt causes to be followed +by a great speech from Richard Henry Lee, +although the journal could have informed him that +<span class="pgnm"><a name="Page_122" id="Page_122">[Pg 122]</a></span> +Lee was not even in the House on that day. +Moreover, he makes Patrick Henry to be the +author of the unfortunate first draft of the address +to the king,—a document which was written by +another man; and on this fiction he founds two +or three pages of lamentation and of homily with +reference to Patrick Henry’s inability to express +himself in writing, in consequence of “his early +neglect of literature.” Finally, he thinks it due “to +historic truth to record that the superior powers” +of Patrick Henry “were manifested only in debate;” +and that, although he and Richard Henry +Lee “took the undisputed lead in the Assembly,” +“during the first days of the session, while general +grievances were the topic,” yet they were both +“completely thrown into the shade” “when called +down from the heights of declamation to that +severer test of intellectual excellence, the details +of business,”—the writer here seeming to forget +that “general grievances” were not the topic +“during the first days of the session,” and that +the very speeches by which these two men are said +to have made their mark there, were speeches on +mere rules of the House relating to methods of +procedure.<a name="FNanchor129" id="FNanchor129"></a><a href="#Footnote-129" class="fnanchor">[129]</a></p> + +<p>Since the death of Wirt, and the publication of +the biography of him by Kennedy, it has been +possible for us to ascertain just how the genial +author of “The Life and Character of Patrick +<span class="pgnm"><a name="Page_123" id="Page_123">[Pg 123]</a></span> +Henry” came to be so gravely misled in this part +of his book. “The whole passage relative to the +first Congress” appears to have been composed +from data furnished by Jefferson, who, however, +was not a member of that Congress; and in the +original manuscript the very words of Jefferson +were surrounded with quotation marks, and were +attributed to him by name. When, however, that +great man, who loved not to send out calumnies +into the world with his own name attached to +them, came to inspect this portion of Wirt’s manuscript, +he was moved by his usual prudence to +write such a letter as drew from Wirt the following +consolatory assurance:—</p> + +<div class="blockquot"> +<p>“Your repose shall never be endangered by any act +of mine, if I can help it. Immediately on the receipt of +your last letter, and before the manuscript had met any +other eye, I wrote over again the whole passage relative +to the first Congress, omitting the marks of quotation, +and removing your name altogether from the communication.”<a name="FNanchor130" id="FNanchor130"></a><a href="#Footnote-130" class="fnanchor">[130]</a></p> +</div> + +<p>The final adjournment of the first Continental +Congress, it will be remembered, did not occur +until its members had spent together more than +seven weeks of the closest intellectual intimacy. +Surely, no mere declaimer however enchanting, no +sublime babbler on the rights of man, no political +charlatan strutting about for the display of his +preternatural gift of articulate wind, could have +grappled in keen debate, for all those weeks, on +<span class="pgnm"><a name="Page_124" id="Page_124">[Pg 124]</a></span> +the greatest of earthly subjects, with fifty of the +ablest men in America, without exposing to their +view all his own intellectual poverty, and without +losing the very last shred of their intellectual respect +for him. Whatever may have been the impression +formed of Patrick Henry as a mere orator +by his associates in that Congress, nothing can be +plainer than that those men carried with them to +their homes that report of him as a man of extraordinary +intelligence, integrity, and power, which +was the basis of his subsequent fame for many +years among the American people. Long afterward, +John Adams, who formed his estimate of +Patrick Henry chiefly from what he saw of him in +that Congress, and who was never much addicted +to bestowing eulogiums on any man but John +Adams, wrote to Jefferson that “in the Congress +of 1774 there was not one member, except Patrick +Henry, who appeared … sensible of the precipice, +or rather the pinnacle, on which we stood, +and had candor and courage enough to acknowledge +it.”<a name="FNanchor131" id="FNanchor131"></a><a href="#Footnote-131" class="fnanchor">[131]</a> To Wirt likewise, a few years later, +the same hard critic of men testified that Patrick +Henry always impressed him as a person “of deep +reflection, keen sagacity, clear foresight, daring +enterprise, inflexible intrepidity, and untainted +integrity, with an ardent zeal for the liberties, the +honor, and felicity of his country and his species.”<a name="FNanchor132" id="FNanchor132"></a><a href="#Footnote-132" class="fnanchor">[132]</a></p> + +<p>Of the parting interview between these two +men, at the close of that first period of thorough +<span class="pgnm"><a name="Page_125" id="Page_125">[Pg 125]</a></span> +personal acquaintance, there remains from the +hand of one of them a graphic account that reveals +to us something of the conscious kinship which +seems ever afterward to have bound together their +robust and impetuous natures.</p> + +<div class="blockquot"> +<p>“When Congress,” says John Adams, “had finished +their business, as they thought, in the autumn of 1774, +I had with Mr. Henry, before we took leave of each +other, some familiar conversation, in which I expressed +a full conviction that our resolves, declarations of rights, +enumeration of wrongs, petitions, remonstrances, and +addresses, associations, and non-importation agreements, +however they might be expected by the people in America, +and however necessary to cement the union of the +colonies, would be but waste paper in England. Mr. +Henry said they might make some impression among the +people of England, but agreed with me that they would +be totally lost upon the government. I had but just +received a short and hasty letter, written to me by +Major Hawley, of Northampton, containing ‘a few +broken hints,’ as he called them, of what he thought was +proper to be done, and concluding<a name="FNanchor133" id="FNanchor133"></a><a href="#Footnote-133" class="fnanchor">[133]</a> with these words: +‘After all, we must fight.’ This letter I read to Mr. +Henry, who listened with great attention; and as soon +as I had pronounced the words, ‘After all, we must +fight,’ he raised his head, and with an energy and vehemence +that I can never forget, broke out with: ‘By +God, I am of that man’s mind!’”<a name="FNanchor134" id="FNanchor134"></a><a href="#Footnote-134" class="fnanchor">[134]</a></p> +</div> + +<p><span class="pgnm"><a name="Page_126" id="Page_126">[Pg 126]</a></span> +This anecdote, it may be mentioned, contains +the only instance on record, for any period of Patrick +Henry’s life, implying his use of what at first +may seem a profane oath. John Adams, upon +whose very fallible memory in old age the story +rests, declares that he did not at the time regard +Patrick Henry’s words as an oath, but rather as +a solemn asseveration, affirmed religiously, upon +a very great occasion. At any rate, that asseveration +proved to be a prophecy; for from it there +then leaped a flame that lighted up for an instant +the next inevitable stage in the evolution of events,—the +tragic and bloody outcome of all these wary +lucubrations and devices of the assembled political +wizards of America.</p> + +<p>It is interesting to note that, at the very time +when the Congress at Philadelphia was busy with +its stern work, the people of Virginia were grappling +with the peril of an Indian war assailing +them from beyond their western mountains. There +has recently been brought to light a letter written +at Hanover, on the 15th of October, 1774, by the +aged mother of Patrick Henry, to a friend living +far out towards the exposed district; and this letter +is a touching memorial both of the general anxiety +over the two concurrent events, and of the motherly +pride and piety of the writer:—</p> + +<div class="blockquot"><p>“My son Patrick has been gone to Philadelphia near +seven weeks. The affairs of Congress are kept with +great secrecy, nobody being allowed to be present. I +<span class="pgnm"><a name="Page_127" id="Page_127">[Pg 127]</a></span> +assure you we have our lowland troubles and fears with +respect to Great Britain. Perhaps our good God may +bring good to us out of these many evils which threaten +us, not only from the mountains but from the seas.”<a name="FNanchor135" id="FNanchor135"></a><a href="#Footnote-135" class="fnanchor">[135]</a></p> +</div> + + +<div class="footnotes"> +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-102" id="Footnote-102"></a><a href="#FNanchor102"><span class="label">[102]</span></a> <i>Washington’s Writings</i>, ii. 503.</p></div> + +<div class="footnote"><p><a name="Footnote-103" id="Footnote-103"></a><a href="#FNanchor103"><span class="label">[103]</span></a> <i>Works of John Adams</i>, ii. 357.</p></div> + +<div class="footnote"><p><a name="Footnote-104" id="Footnote-104"></a><a href="#FNanchor104"><span class="label">[104]</span></a> Meade, <i>Old Churches and Families of Va.</i> i. 220, 221.</p></div> + +<div class="footnote"><p><a name="Footnote-105" id="Footnote-105"></a><a href="#FNanchor105"><span class="label">[105]</span></a> <i>Works of John Adams</i>, ii. 361.</p></div> + +<div class="footnote"><p><a name="Footnote-106" id="Footnote-106"></a><a href="#FNanchor106"><span class="label">[106]</span></a> <i>Works of John Adams</i>, ii. 357-364.</p></div> + +<div class="footnote"><p><a name="Footnote-107" id="Footnote-107"></a><a href="#FNanchor107"><span class="label">[107]</span></a> <i>Works of John Adams</i>, ii. 365.</p></div> + +<div class="footnote"><p><a name="Footnote-108" id="Footnote-108"></a><a href="#FNanchor108"><span class="label">[108]</span></a> <i>Am. Quarterly Review</i>, i. 30, whence it is quoted in <i>Works of +John Adams</i>, iii. 29, 30, note. As regards the value of this testimony +of Charles Thomson, we should note that it is something +alleged to have been said by him at the age of ninety, in a conversation +with a friend, and by the latter reported to the author +of the article above cited in the <i>Am. Quart. Rev.</i></p></div> + +<div class="footnote"><p><a name="Footnote-109" id="Footnote-109"></a><a href="#FNanchor109"><span class="label">[109]</span></a> <i>Works of John Adams</i>, ii. 365.</p></div> + +<div class="footnote"><p><a name="Footnote-110" id="Footnote-110"></a><a href="#FNanchor110"><span class="label">[110]</span></a> It seems to me that the second paragraph on page 366 of volume +ii. of the <i>Works of John Adams</i> must be taken as his memorandum +of his own speech; and that what follows on that page, +as well as on page 367, and the first half of page 368, is erroneously +understood by the editor as belonging to the first day’s +debate. It must have been an outline of the second day’s debate. +This is proved partly by the fact that it mentions Lee as taking +part in the debate; but according to the journal, Lee did not +appear in Congress until the second day. 4 <i>Am. Arch.</i> i. 898.</p></div> + +<div class="footnote"><p><a name="Footnote-111" id="Footnote-111"></a><a href="#FNanchor111"><span class="label">[111]</span></a> <i>Works of John Adams</i>, ii. 366-368.</p></div> + +<div class="footnote"><p><a name="Footnote-112" id="Footnote-112"></a><a href="#FNanchor112"><span class="label">[112]</span></a> 4 <i>Am. Arch.</i> i. 898, 899.</p></div> + +<div class="footnote"><p><a name="Footnote-113" id="Footnote-113"></a><a href="#FNanchor113"><span class="label">[113]</span></a> 4 <i>Am. Arch.</i> i. 899.</p></div> + +<div class="footnote"><p><a name="Footnote-114" id="Footnote-114"></a><a href="#FNanchor114"><span class="label">[114]</span></a> <i>Conn. Hist. Soc. Coll.</i> ii. 181.</p></div> + +<div class="footnote"><p><a name="Footnote-115" id="Footnote-115"></a><a href="#FNanchor115"><span class="label">[115]</span></a> The text of Galloway’s plan is given in 4 <i>Am. Arch.</i> i. 905, +906.</p></div> + +<div class="footnote"><p><a name="Footnote-116" id="Footnote-116"></a><a href="#FNanchor116"><span class="label">[116]</span></a> <i>Works of John Adams</i>, ii. 390.</p></div> + +<div class="footnote"><p><a name="Footnote-117" id="Footnote-117"></a><a href="#FNanchor117"><span class="label">[117]</span></a> <i>Works of John Adams</i>, ii. 385.</p></div> + +<div class="footnote"><p><a name="Footnote-118" id="Footnote-118"></a><a href="#FNanchor118"><span class="label">[118]</span></a> Hansard, <i>Parl. Hist.</i> xviii. 155, 156 note, 157.</p></div> + +<div class="footnote"><p><a name="Footnote-119" id="Footnote-119"></a><a href="#FNanchor119"><span class="label">[119]</span></a> 4 <i>Am. Arch.</i> i. 906, 907, 927.</p></div> + +<div class="footnote"><p><a name="Footnote-120" id="Footnote-120"></a><a href="#FNanchor120"><span class="label">[120]</span></a> Wirt, 109.</p></div> + +<div class="footnote"><p><a name="Footnote-121" id="Footnote-121"></a><a href="#FNanchor121"><span class="label">[121]</span></a> <i>Works of John Adams</i>, x. 79; ii. 396, note; Lee’s <i>Life of R. +H. Lee</i>, i. 116-118, 270-272.</p></div> + +<div class="footnote"><p><a name="Footnote-122" id="Footnote-122"></a><a href="#FNanchor122"><span class="label">[122]</span></a> <i>Political Writings</i>, ii. 19-29.</p></div> + +<div class="footnote"><p><a name="Footnote-123" id="Footnote-123"></a><a href="#FNanchor123"><span class="label">[123]</span></a> Thus John Adams, on 11th October, writes: “Spent the +evening with Mr. Henry at his lodgings consulting about a petition +to the king.” <i>Works</i>, ii. 396.</p></div> + +<div class="footnote"><p><a name="Footnote-124" id="Footnote-124"></a><a href="#FNanchor124"><span class="label">[124]</span></a> 4 <i>Am. Arch.</i> i. 904.</p></div> + +<div class="footnote"><p><a name="Footnote-125" id="Footnote-125"></a><a href="#FNanchor125"><span class="label">[125]</span></a> Judge John Tyler, in Wirt, 109, note.</p></div> + +<div class="footnote"><p><a name="Footnote-126" id="Footnote-126"></a><a href="#FNanchor126"><span class="label">[126]</span></a> For another form of this tradition, see Curtis’s <i>Life of Webster</i>, +i. 588.</p></div> + +<div class="footnote"><p><a name="Footnote-127" id="Footnote-127"></a><a href="#FNanchor127"><span class="label">[127]</span></a> Pages 105-113.</p></div> + +<div class="footnote"><p><a name="Footnote-128" id="Footnote-128"></a><a href="#FNanchor128"><span class="label">[128]</span></a> Wirt, 105, 106.</p></div> + +<div class="footnote"><p><a name="Footnote-129" id="Footnote-129"></a><a href="#FNanchor129"><span class="label">[129]</span></a> The exact rules under debate during those first two days are +given in 4 <i>Am. Arch.</i> i. 898, 899.</p></div> + +<div class="footnote"><p><a name="Footnote-130" id="Footnote-130"></a><a href="#FNanchor130"><span class="label">[130]</span></a> Kennedy, <i>Mem. of Wirt</i>, i. 364.</p></div> + +<div class="footnote"><p><a name="Footnote-131" id="Footnote-131"></a><a href="#FNanchor131"><span class="label">[131]</span></a> <i>Works of John Adams</i>, x. 78.</p></div> + +<div class="footnote"><p><a name="Footnote-132" id="Footnote-132"></a><a href="#FNanchor132"><span class="label">[132]</span></a> <i>Ibid.</i> x. 277.</p></div> + +<div class="footnote"><p><a name="Footnote-133" id="Footnote-133"></a><a href="#FNanchor133"><span class="label">[133]</span></a> As a matter of fact, the letter from Hawley began with these +words, instead of “concluding” with them.</p></div> + +<div class="footnote"><p><a name="Footnote-134" id="Footnote-134"></a><a href="#FNanchor134"><span class="label">[134]</span></a> <i>Works of John Adams</i>, x. 277, 278.</p></div> + +<div class="footnote"><p><a name="Footnote-135" id="Footnote-135"></a><a href="#FNanchor135"><span class="label">[135]</span></a> Peyton, <i>History of Augusta County</i>, 345, where will be found +the entire letter.</p></div> +</div> + + +<p><span class="pgnm"><a name="Page_128" id="Page_128">[Pg 128]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER IX <br /> +<span class="hsub">“AFTER ALL, WE MUST FIGHT”</span></h2> + + +<p>We now approach that brilliant passage in the +life of Patrick Henry when, in the presence of +the second revolutionary convention of Virginia, +he proclaimed the futility of all further efforts +for peace, and the instant necessity of preparing for +war.</p> + +<p>The speech which he is said to have made on +that occasion has been committed to memory and +declaimed by several generations of American +schoolboys, and is now perhaps familiarly known to +a larger number of the American people than any +other considerable bit of secular prose in our language. +The old church at Richmond, in which he +made this marvelous speech, is in our time visited +every year, as a patriotic shrine, by thousands of +pilgrims, who seek curiously the very spot upon +the floor where the orator is believed to have stood +when he uttered those words of flame. It is chiefly +the tradition of that one speech which to-day keeps +alive, in millions of American homes, the name of +Patrick Henry, and which lifts him, in the popular +faith, almost to the rank of some mythical hero +of romance.<span class="pgnm"><a name="Page_129" id="Page_129">[Pg 129]</a></span></p> + +<p>In reality, that speech, and the resolutions in +support of which that speech was made, constituted +Patrick Henry’s individual declaration of war +against Great Britain. But the question is: To +what extent, if any, was he therein original, or +even in advance of his fellow-countrymen, and +particularly of his associates in the Virginia convention?</p> + +<p>It is essential to a just understanding of the +history of that crisis in revolutionary thought, and +it is of very high importance, likewise, to the historic +position of Patrick Henry, that no mistake +be committed here; especially that he be not made +the victim of a disastrous reaction from any overstatement<a name="FNanchor136" id="FNanchor136"></a><a href="#Footnote-136" class="fnanchor">[136]</a> +respecting the precise nature and extent +of the service then rendered by him to the cause +of the Revolution.</p> + +<p>We need, therefore, to glance for a moment at +the period between October, 1774, and March, +1775, with the purpose of tracing therein the more +important tokens of the growth of the popular +conviction that a war with Great Britain had become +inevitable, and was to be immediately prepared +for by the several colonies,—two propositions +which form the substance of all that Patrick +Henry said on the great occasion now before us.</p> + +<p>As early as the 21st of October, 1774, the first +Continental Congress, after having suggested all +<span class="pgnm"><a name="Page_130" id="Page_130">[Pg 130]</a></span> +possible methods for averting war, made this solemn +declaration to the people of the colonies: +“We think ourselves bound in duty to observe to +you that the schemes agitated against these colonies +have been so conducted as to render it prudent +that you should extend your views to mournful +events, and be in all respects prepared for every +emergency.”<a name="FNanchor137" id="FNanchor137"></a><a href="#Footnote-137" class="fnanchor">[137]</a> Just six days later, John Dickinson, +a most conservative and peace-loving member +of that Congress, wrote to an American friend in +England: “I wish for peace ardently; but must +say, delightful as it is, it will come more grateful +by being unexpected. The first act of violence on +the part of administration in America, or the attempt +to reinforce General Gage this winter or +next year, will put the whole continent in arms, +from Nova Scotia to Georgia.”<a name="FNanchor138" id="FNanchor138"></a><a href="#Footnote-138" class="fnanchor">[138]</a> On the following +day, the same prudent statesman wrote to another +American friend, also in England: “The most +peaceful provinces are now animated; and a civil +war is unavoidable, unless there be a quick change +of British measures.”<a name="FNanchor139" id="FNanchor139"></a><a href="#Footnote-139" class="fnanchor">[139]</a> On the 29th of October, +the eccentric Charles Lee, who was keenly watching +the symptoms of colonial discontent and resistance, +wrote from Philadelphia to an English nobleman: +“Virginia, Rhode Island, and Carolina are +forming corps. Massachusetts Bay has long had +a sufficient number instructed to become instructive +of the rest. Even this Quakering province is +<span class="pgnm"><a name="Page_131" id="Page_131">[Pg 131]</a></span> +following the example.… In short, unless the +banditti at Westminster speedily undo everything +they have done, their royal paymaster will hear of +reviews and manœuvres not quite so entertaining +as those he is presented with in Hyde Park and +Wimbledon Common.”<a name="FNanchor140" id="FNanchor140"></a><a href="#Footnote-140" class="fnanchor">[140]</a> On the 1st of November, +a gentleman in Maryland wrote to a kinsman +in Glasgow: “The province of Virginia is raising +one company in every county.… This province +has taken the hint, and has begun to raise men in +every county also; and to the northward they have +large bodies, capable of acquitting themselves with +honor in the field.”<a name="FNanchor141" id="FNanchor141"></a><a href="#Footnote-141" class="fnanchor">[141]</a> At about the same time, +the General Assembly of Connecticut ordered that +every town should at once supply itself with “double +the quantity of powder, balls, and flints” that +had been hitherto required by law.<a name="FNanchor142" id="FNanchor142"></a><a href="#Footnote-142" class="fnanchor">[142]</a> On the 5th +of November, the officers of the Virginia troops +accompanying Lord Dunmore on his campaign +against the Indians held a meeting at Fort Gower, +on the Ohio River, and passed this resolution: +“That we will exert every power within us for the +defence of American liberty, and for the support +of her just rights and privileges, not in any precipitate, +riotous, or tumultuous manner, but when +regularly called forth by the unanimous voice of +our countrymen.”<a name="FNanchor143" id="FNanchor143"></a><a href="#Footnote-143" class="fnanchor">[143]</a> Not far from the same time, +the people of Rhode Island carried off to Providence +from the batteries at Newport forty-four +<span class="pgnm"><a name="Page_132" id="Page_132">[Pg 132]</a></span> +pieces of cannon; and the governor frankly told +the commander of a British naval force near at +hand that they had done this in order to prevent +these cannon from falling into his hands, and with +the purpose of using them against “any power that +might offer to molest the colony.”<a name="FNanchor144" id="FNanchor144"></a><a href="#Footnote-144" class="fnanchor">[144]</a> Early in +December, the Provincial Convention of Maryland +recommended that all persons between sixteen and +fifty years of age should form themselves into military +companies, and “be in readiness to act on any +emergency,”—with a sort of grim humor prefacing +their recommendation by this exquisite morsel +of argumentative irony:—</p> + +<div class="blockquot"><p>“<i>Resolved</i> unanimously, that a well-regulated militia, +composed of the gentlemen freeholders and other freemen, +is the natural strength and only stable security of +a free government; and that such militia will relieve +our mother country from any expense in our protection +and defence, will obviate the pretence of a necessity for +taxing us on that account, and render it unnecessary to +keep any standing army—ever dangerous to liberty—in +this province.”<a name="FNanchor145" id="FNanchor145"></a><a href="#Footnote-145" class="fnanchor">[145]</a></p> +</div> + +<p>The shrewdness of this courteous political thrust +on the part of the convention of Maryland seems +to have been so heartily relished by others that it +was thenceforward used again and again by similar +conventions elsewhere; and in fact, for the next +few months, these sentences became almost the +stereotyped formula by which revolutionary assemblages +justified the arming and drilling of the militia,—as,<span class="pgnm"><a name="Page_133" id="Page_133">[Pg 133]</a></span> +for example, that of Newcastle County, +Delaware,<a name="FNanchor146" id="FNanchor146"></a><a href="#Footnote-146" class="fnanchor">[146]</a> on the 21st of December; that of Fairfax +County, Virginia,<a name="FNanchor147" id="FNanchor147"></a><a href="#Footnote-147" class="fnanchor">[147]</a> on the 17th of January, +1775; and that of Augusta County, Virginia,<a name="FNanchor148" id="FNanchor148"></a><a href="#Footnote-148" class="fnanchor">[148]</a> on +the 22d of February.</p> + +<p>In the mean time Lord Dunmore was not blind +to all these military preparations in Virginia; +and so early as the 24th of December, 1774, he +had written to the Earl of Dartmouth: “Every +county, besides, is now arming a company of men, +whom they call an independent company, for the +avowed purpose of protecting their committees, +and to be employed against government, if occasion +require.”<a name="FNanchor149" id="FNanchor149"></a><a href="#Footnote-149" class="fnanchor">[149]</a> Moreover, this alarming fact of +military preparation, which Lord Dunmore had +thus reported concerning Virginia, could have +been reported with equal truth concerning nearly +every other colony. In the early part of January, +1775, the Assembly of Connecticut gave order that +the entire militia of that colony should be mustered +every week.<a name="FNanchor150" id="FNanchor150"></a><a href="#Footnote-150" class="fnanchor">[150]</a> In the latter part of January, the +provincial convention of Pennsylvania, though representing +a colony of Quakers, boldly proclaimed +that, if the administration “should determine by +force to effect a submission to the late arbitrary +acts of the British Parliament,” it would “resist +such force, and at every hazard … defend the +rights and liberties of America.”<a name="FNanchor151" id="FNanchor151"></a><a href="#Footnote-151" class="fnanchor">[151]</a> On the 15th +<span class="pgnm"><a name="Page_134" id="Page_134">[Pg 134]</a></span> +of February, the Provincial Congress of Massachusetts +urged the people to “spare neither time, +pains, nor expense, at so critical a juncture, in +perfecting themselves forthwith in military discipline.”<a name="FNanchor152" id="FNanchor152"></a><a href="#Footnote-152" class="fnanchor">[152]</a></p> + +<p>When, therefore, so late as Monday, the 20th +of March, 1775, the second revolutionary convention +of Virginia assembled at Richmond, its members +were well aware that one of the chief measures +to come before them for consideration must be +that of recognizing the local military preparations +among their own constituents, and of placing them +all under some common organization and control. +Accordingly, on Thursday, the 23d of March, after +three days had been given to necessary preliminary +subjects, the inevitable subject of military preparations +was reached. Then it was that Patrick +Henry took the floor and moved the adoption of +the following resolutions, supporting his motion, +undoubtedly, with a speech:—</p> + +<div class="blockquot"> +<p>“<i>Resolved</i>, That a well-regulated militia, composed +of gentlemen and yeomen, is the natural strength and +only security of a free government; that such a militia +in this colony would forever render it unnecessary for +the mother country to keep among us for the purpose +of our defence any standing army of mercenary forces, +always subversive of the quiet and dangerous to the liberties +of the people, and would obviate the pretext of +taxing us for their support.</p> + +<p>“<i>Resolved</i>, That the establishment of such a militia +<span class="pgnm"><a name="Page_135" id="Page_135">[Pg 135]</a></span> +is at this time peculiarly necessary, by the state of our +laws for the protection and defence of the country, some +of which have already expired, and others will shortly +do so; and that the known remissness of government in +calling us together in a legislative capacity, renders it +too insecure, in this time of danger and distress, to rely +that opportunity will be given of renewing them in general +assembly, or making any provision to secure our +inestimable rights and liberties from those further violations +with which they are threatened.</p> + +<p>“<i>Resolved, therefore</i>, That this colony be immediately +put into a posture of defence; and that … be a committee +to prepare a plan for the embodying, arming, and +disciplining such a number of men as may be sufficient +for that purpose.”<a name="FNanchor153" id="FNanchor153"></a><a href="#Footnote-153" class="fnanchor">[153]</a></p> +</div> + +<p>No one who reads these resolutions in the light +of the facts just given, can find in them anything +by which to account for the opposition which they +are known to have met with in that assemblage. +For that assemblage, it must be remembered, was +not the Virginia legislature: it was a mere convention, +and a revolutionary convention at that, gathered +in spite of the objections of Lord Dunmore, +representing simply the deliberate purpose of those +Virginians who meant not finally to submit to +unjust laws; some of its members, likewise, being +under express instructions from their constituents +to take measures for the immediate and adequate +military organization of the colony. Not a man, +probably, was sent to that convention, not a man +<span class="pgnm"><a name="Page_136" id="Page_136">[Pg 136]</a></span> +surely would have gone to it, who was not in substantial +sympathy with the prevailing revolutionary +spirit.</p> + +<p>Of course, even they who were in sympathy with +that spirit might have objected to Patrick Henry’s +resolutions, had those resolutions been marked by +any startling novelty in doctrine, or by anything +extreme or violent in expression. But, plainly, +they were neither extreme nor violent; they were +not even novel. They contained nothing essential +which had not been approved, in almost the same +words, more than three months before, by similar +conventions in Maryland and in Delaware; which +had not been approved, in almost the same words, +many weeks before, by county conventions in Virginia,—in +one instance, by a county convention +presided over by Washington himself; which had +not been approved, in other language, either weeks +or months before, by Massachusetts, Rhode Island, +Connecticut, Pennsylvania, and other colonies; +which was not sanctioned by the plainest prudence +on the part of all persons who intended to make +any further stand whatsoever against the encroachments +of Parliament. It is safe to say that no +man who had within him enough of the revolutionary +spirit to have prompted his attendance at a +revolutionary convention could have objected to +any essential item in Patrick Henry’s resolutions.</p> + +<p>Why, then, were they objected to? Why was +their immediate passage resisted? The official +journal of the convention throws no light upon the +<span class="pgnm"><a name="Page_137" id="Page_137">[Pg 137]</a></span> +question: it records merely the adoption of the +resolutions, and is entirely silent respecting any +discussion that they may have provoked. Thirty +years afterward, however, St. George Tucker, +who, though not a member of this convention, had +yet as a visitor watched its proceedings that day, +gave from memory some account of them; and to +him we are indebted for the names of the principal +men who stood out against Patrick Henry’s motion. +“This produced,” he says, “an animated +debate, in which Colonel Richard Bland, Mr. +Nicholas, the treasurer, and I think Colonel Harrison, +of Berkeley, and Mr. Pendleton, were opposed +to the resolution, as conceiving it to be +premature;”<a name="FNanchor154" id="FNanchor154"></a><a href="#Footnote-154" class="fnanchor">[154]</a> all these men being prudent politicians, +indeed, but all fully committed to the cause +of the Revolution.</p> + +<p>At first, this testimony may seem to leave us as +much in the dark as before; and yet all who are +familiar with the politics of Virginia at that period +will see in this cluster of names some clew to the +secret of their opposition. It was an opposition to +Patrick Henry himself, and as far as possible to +any measure of which he should be the leading +champion. Yet even this is not enough. Whatever +may have been their private motives in resisting +a measure advocated by Patrick Henry, they +must still have had some reason which they would +be willing to assign. St. George Tucker tells us +that they conceived his resolutions to be “premature.”<span class="pgnm"><a name="Page_138" id="Page_138">[Pg 138]</a></span> +But in themselves his resolutions, so far +from being premature, were rather tardy; they +lagged weeks and even months behind many of the +best counties in Virginia itself, as well as behind +those other colonies to which in political feeling +Virginia was always most nearly akin.</p> + +<p>The only possible explanation of the case seems +to be found, not in the resolutions themselves, but +in the special interpretation put upon them by +Patrick Henry in the speech which, according to +parliamentary usage, he seems to have made in +moving their adoption. What was that interpretation? +In the true answer to that question, no +doubt, lies the secret of the resistance which his +motion encountered. For, down to that day, no +public body in America, and no public man, had +openly spoken of a war with Great Britain in any +more decisive way than as a thing highly probable, +indeed, but still not inevitable. At last Patrick +Henry spoke of it, and he wanted to induce the +convention of Virginia to speak of it, as a thing +inevitable. Others had said, “The war must come, +and will come,—unless certain things are done.” +Patrick Henry, brushing away every prefix or suffix +of uncertainty, every half-despairing “if,” every +fragile and pathetic “unless,” exclaimed, in the +hearing of all men: “Why talk of things being +now done which can avert the war? Such things +will not be done. The war is coming: it has come +already.” Accordingly, other conventions in the +colonies, in adopting similar resolutions, had merely +<span class="pgnm"><a name="Page_139" id="Page_139">[Pg 139]</a></span> +announced the probability of war. Patrick Henry +would have this convention, by adopting his resolutions, +virtually declare war itself.</p> + +<p>In this alone, it is apparent, consisted the real +priority and offensiveness of Patrick Henry’s position +as a revolutionary statesman on the 23d of +March, 1775. In this alone were his resolutions +“premature.” The very men who opposed them +because they were to be understood as closing the +door against the possibility of peace, would have +favored them had they only left that door open, or +even ajar. But Patrick Henry demanded of the +people of Virginia that they should treat all further +talk of peace as mere prattle; that they should +seize the actual situation by a bold grasp of it in +front; that, looking upon the war as a fact, they +should instantly proceed to get ready for it. And +therein, once more, in revolutionary ideas, was +Patrick Henry one full step in advance of his contemporaries. +Therein, once more, did he justify +the reluctant praise of Jefferson, who was a member +of that convention, and who, nearly fifty years +afterward, said concerning Patrick Henry to a +great statesman from Massachusetts: “After all, +it must be allowed that he was our leader in the +measures of the Revolution in Virginia, and in that +respect more is due to him than to any other person.… +He left all of us far behind.”<a name="FNanchor155" id="FNanchor155"></a><a href="#Footnote-155" class="fnanchor">[155]</a></p> + +<p>Such, at any rate, we have a right to suppose, +was the substantial issue presented by the resolutions +<span class="pgnm"><a name="Page_140" id="Page_140">[Pg 140]</a></span> +of Patrick Henry, and by his introductory +speech in support of them; and upon this issue +the little group of politicians—able and patriotic +men, who always opposed his leadership—then +arrayed themselves against him, making the most, +doubtless, of everything favoring the possibility +and the desirableness of a peaceful adjustment of +the great dispute. But their opposition to him +only produced the usual result,—of arousing him +to an effort which simply overpowered and scattered +all further resistance. It was in review of their +whole quivering platoon of hopes and fears, of +doubts, cautions, and delays, that he then made +the speech which seems to have wrought astonishing +effects upon those who heard it, and which, +though preserved in a most inadequate report, now +fills so great a space in the traditions of revolutionary +eloquence:—</p> + +<div class="blockquot"> +<p>“‘No man, Mr. President, thinks more highly than I +do of the patriotism, as well as the abilities, of the very +honorable gentlemen who have just addressed the House. +But different men often see the same subject in different +lights; and, therefore, I hope it will not be thought disrespectful +to those gentlemen if, entertaining, as I do, +opinions of a character very opposite to theirs, I should +speak forth my sentiments freely, and without reserve. +This is no time for ceremony. The question before the +house is one of awful moment to this country. For my +own part, I consider it as nothing less than a question of +freedom or slavery. And in proportion to the magnitude +of the subject ought to be the freedom of the debate.<span class="pgnm"><a name="Page_141" id="Page_141">[Pg 141]</a></span> +It is only in this way that we can hope to arrive +at truth, and fulfil the great responsibility which we +hold to God and our country. Should I keep back my +opinions at such a time, through fear of giving offence, +I should consider myself as guilty of treason towards +my country, and of an act of disloyalty towards the majesty +of Heaven, which I revere above all earthly kings.</p> + +<p>“‘Mr. President, it is natural to man to indulge in the +illusions of Hope. We are apt to shut our eyes against +a painful truth, and listen to the song of that siren till +she transforms us into beasts. Is this the part of wise +men, engaged in a great and arduous struggle for liberty? +Are we disposed to be of the number of those +who, having eyes, see not, and having ears, hear not, +the things which so nearly concern their temporal salvation? +For my part, whatever anguish of spirit it may +cost, I am willing to know the whole truth; to know +the worst, and to provide for it.</p> + +<p>“‘I have but one lamp by which my feet are guided, +and that is the lamp of experience. I know of no way +of judging of the future but by the past. And, judging +by the past, I wish to know what there has been in the +conduct of the British ministry, for the last ten years, +to justify those hopes with which gentlemen have been +pleased to solace themselves and the House. Is it that +insidious smile with which our petition has been lately +received? Trust it not, sir; it will prove a snare to +your feet. Suffer not yourselves to be betrayed with a +kiss. Ask yourselves how this gracious reception of +our petition comports with those warlike preparations +which cover our waters and darken our land. Are fleets +and armies necessary to a work of love and reconciliation? +Have we shown ourselves so unwilling to be +<span class="pgnm"><a name="Page_142" id="Page_142">[Pg 142]</a></span> +reconciled, that force must be called in to win back our +love? Let us not deceive ourselves, sir. These are the +implements of war and subjugation,—the last arguments +to which kings resort.</p> + +<p>“‘I ask gentlemen, sir, what means this martial array, +if its purpose be not to force us to submission? Can +gentlemen assign any other possible motive for it? Has +Great Britain any enemy in this quarter of the world, +to call for all this accumulation of navies and armies? +No, sir, she has none. They are meant for us: they +can be meant for no other. They are sent over to bind +and rivet upon us those chains which the British ministry +have been so long forging.</p> + +<p>“‘And what have we to oppose to them? Shall we +try argument? Sir, we have been trying that for the +last ten years. Have we anything new to offer upon +the subject? Nothing. We have held the subject up +in every light of which it is capable; but it has been all +in vain. Shall we resort to entreaty, and humble supplication? +What terms shall we find which have not +been already exhausted?</p> + +<p>“‘Let us not, I beseech you, sir, deceive ourselves +longer. Sir, we have done everything that could be +done to avert the storm which is now coming on. We +have petitioned; we have remonstrated; we have supplicated; +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.</p> + +<p>“‘In vain, after these things, may we indulge the fond +<span class="pgnm"><a name="Page_143" id="Page_143">[Pg 143]</a></span> +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 glorious 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.’”</p> +</div> + +<p>Up to this point in his address, the orator seems +to have spoken with great deliberation and self-restraint. +St. George Tucker, who was present, +and who has left a written statement of his recollections +both of the speech and of the scene, says:—</p> + +<div class="blockquot"> +<p>“It was on that occasion that I first felt a full impression +of Mr. Henry’s powers. In vain should I +attempt to give any idea of his speech. He was calm +and collected; touched upon the origin and progress of +the dispute between Great Britain and the colonies, the +various conciliatory measures adopted by the latter, and +the uniformly increasing tone of violence and arrogance +on the part of the former.”</p> +</div> + +<p>Then follows, in Tucker’s narrative, the passage +included in the last two paragraphs of the speech +as given above, after which he adds:—</p> + +<div class="blockquot"> +<p>“Imagine to yourself this speech delivered with all +the calm dignity of Cato of Utica; imagine to yourself +the Roman senate assembled in the capitol when it was +entered by the profane Gauls, who at first were awed +by their presence as if they had entered an assembly of +<span class="pgnm"><a name="Page_144" id="Page_144">[Pg 144]</a></span> +the gods; imagine that you heard that Cato addressing +such a senate; imagine that you saw the handwriting on +the wall of Belshazzar’s palace; imagine you heard a +voice as from heaven uttering the words, ‘We must +fight!’ as the doom of fate,—and you may have some +idea of the speaker, the assembly to whom he addressed +himself, and the auditory of which I was one.”<a name="FNanchor156" id="FNanchor156"></a><a href="#Footnote-156" class="fnanchor">[156]</a></p> +</div> + +<p>But, by a comparison of this testimony of St. +George Tucker with that of others who heard the +speech, it is made evident that, as the orator then +advanced toward the conclusion and real climax of +his argument, he no longer maintained “the calm +dignity of Cato of Utica,” but that his manner +gradually deepened into an intensity of passion +and a dramatic power which were overwhelming. +He thus continued:—</p> + +<div class="blockquot"> +<p>“‘They tell us, sir, that we are weak,—unable to cope +with so formidable an adversary. But when shall we +be stronger? Will it be the next week, or the next +year? Will it be when we are totally disarmed, and +when a British guard shall be stationed in every house? +Shall we gather strength by irresolution and inaction? +Shall we acquire the means of effectual resistance by +lying supinely on our backs, and hugging the delusive +phantom of Hope, until our enemies shall have bound +us hand and foot?</p> + +<p>“‘Sir, we are not weak, if we make a proper use of +those means which the God of nature hath placed in our +power. Three millions of people armed in the holy +cause of liberty, and in such a country as that which we +<span class="pgnm"><a name="Page_145" id="Page_145">[Pg 145]</a></span> +possess, are invincible by any force which our enemy +can send against us.</p> + +<p>“‘Besides, sir, we shall not fight our battles alone. +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!</p> + +<p>“‘It is in vain, sir, to extenuate the matter. Gentlemen +may cry peace, peace, but there is no peace. The +war is actually 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!’”</p> +</div> + +<p>Of this tremendous speech there are in existence +two traditional descriptions, neither of which is +inconsistent with the testimony given by St. George +Tucker. He, as a lawyer and a judge, seems to +have retained the impression of that portion of the +speech which was the more argumentative and unimpassioned: +the two other reporters seem to have +remembered especially its later and more emotional +<span class="pgnm"><a name="Page_146" id="Page_146">[Pg 146]</a></span> +passages. Our first traditional description was +obtained by Henry Stephens Randall from a +clergyman, who had it from an aged friend, also a +clergyman, who heard the speech itself:—</p> + +<div class="blockquot"> +<p>“Henry rose with an unearthly fire burning in his +eye. He commenced somewhat calmly, but the smothered +excitement began more and more to play upon his +features and thrill in the tones of his voice. The tendons +of his neck stood out white and rigid like whip-cords. +His voice rose louder and louder, until the walls +of the building, and all within them, seemed to shake +and rock in its tremendous vibrations. Finally, his pale +face and glaring eye became terrible to look upon. Men +leaned forward in their seats, with their heads strained +forward, their faces pale, and their eyes glaring like the +speaker’s. His last exclamation, ‘Give me liberty, or +give me death!’ was like the shout of the leader which +turns back the rout of battle. The old man from whom +this tradition was derived added that, ‘when the orator +sat down, he himself felt sick with excitement. Every +eye yet gazed entranced on Henry. It seemed as if a +word from him would have led to any wild explosion of +violence. Men looked beside themselves.’”<a name="FNanchor157" id="FNanchor157"></a><a href="#Footnote-157" class="fnanchor">[157]</a></p> +</div> + +<p>The second traditional description of the speech +is here given from a manuscript<a name="FNanchor158" id="FNanchor158"></a><a href="#Footnote-158" class="fnanchor">[158]</a> of Edward Fontaine, +who obtained it in 1834 from John Roane, +who himself heard the speech. Roane told Fontaine +that the orator’s “voice, countenance, and +gestures gave an irresistible force to his words,<span class="pgnm"><a name="Page_147" id="Page_147">[Pg 147]</a></span> +which no description could make intelligible to +one who had never seen him, nor heard him +speak;” but, in order to convey some notion of +the orator’s manner, Roane described the delivery +of the closing sentences of the speech:—</p> + +<div class="blockquot"> +<p>“You remember, sir, the conclusion of the speech, so +often declaimed in various ways by school-boys,—‘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!’ He gave each of +these words a meaning which is not conveyed by the +reading or delivery of them in the ordinary way. When +he said, ‘Is life so dear, or peace so sweet, as to be purchased +at the price of chains and slavery?’ he stood in +the attitude of a condemned galley slave, loaded with +fetters, awaiting his doom. His form was bowed; his +wrists were crossed; his manacles were almost visible as +he stood like an embodiment of helplessness and agony. +After a solemn pause, he raised his eyes and chained +hands towards heaven, and prayed, in words and tones +which thrilled every heart, ‘Forbid it, Almighty God!’ +He then turned towards the timid loyalists of the House, +who were quaking with terror at the idea of the consequences +of participating in proceedings which would be +visited with the penalties of treason by the British crown; +and he slowly bent his form yet nearer to the earth, and +said, ‘I know not what course others may take,’ and he +accompanied the words with his hands still crossed, +while he seemed to be weighed down with additional +chains. The man appeared transformed into an oppressed, +heart-broken, and hopeless felon. After remaining +<span class="pgnm"><a name="Page_148" id="Page_148">[Pg 148]</a></span> +in this posture of humiliation long enough to +impress the imagination with the condition of the colony +under the iron heel of military despotism, he arose +proudly, and exclaimed, ‘but as for me,’—and the +words hissed through his clenched teeth, while his body +was thrown back, and every muscle and tendon was +strained against the fetters which bound him, and, with +his countenance distorted by agony and rage, he looked +for a moment like Laocoön in a death struggle with +coiling serpents; then the loud, clear, triumphant notes, +‘Give me liberty,’ electrified the assembly. It was not +a prayer, but a stern demand, which would submit to no +refusal or delay. The sound of his voice, as he spoke +these memorable words, was like that of a Spartan pæan +on the field of Platæa; and, as each syllable of the word +‘liberty’ echoed through the building, his fetters were +shivered; his arms were hurled apart; and the links of +his chains were scattered to the winds. When he spoke +the word ‘liberty’ with an emphasis never given it before, +his hands were open, and his arms elevated and extended; +his countenance was radiant; he stood erect and +defiant; while the sound of his voice and the sublimity of +his attitude made him appear a magnificent incarnation +of Freedom, and expressed all that can be acquired or +enjoyed by nations and individuals invincible and free. +After a momentary pause, only long enough to permit +the echo of the word ‘liberty’ to cease, he let his left +hand fall powerless to his side, and clenched his right +hand firmly, as if holding a dagger with the point aimed +at his breast. He stood like a Roman senator defying +Cæsar, while the unconquerable spirit of Cato of Utica +flashed from every feature; and he closed the grand +appeal with the solemn words, ‘or give me death!’ which +<span class="pgnm"><a name="Page_149" id="Page_149">[Pg 149]</a></span> +sounded with the awful cadence of a hero’s dirge, fearless +of death, and victorious in death; and he suited the +action to the word by a blow upon the left breast with +the right hand, which seemed to drive the dagger to the +patriot’s heart.”<a name="FNanchor159" id="FNanchor159"></a><a href="#Footnote-159" class="fnanchor">[159]</a></p> +</div> + +<p>Before passing from this celebrated speech, it +is proper to say something respecting the authenticity +of the version of it which has come down to +us, and which is now so universally known in +America. The speech is given in these pages substantially +as it was given by Wirt in his “Life of +Henry.” Wirt himself does not mention whence +he obtained his version; and all efforts to discover +that version as a whole, in any writing prior to +Wirt’s book, have thus far been unsuccessful. +These facts have led even so genial a critic as +Grigsby to incline to the opinion that “much of +the speech published by Wirt is apocryphal.”<a name="FNanchor160" id="FNanchor160"></a><a href="#Footnote-160" class="fnanchor">[160]</a> +It would, indeed, be an odd thing, and a source +of no little disturbance to many minds, if such +should turn out to be the case, and if we should +have to conclude that an apocryphal speech written +by Wirt, and attributed by him to Patrick +Henry fifteen years after the great orator’s death, +had done more to perpetuate the renown of Patrick +Henry’s oratory than had been done by any +and all the words actually spoken by the orator +himself during his lifetime. On the other hand, +it should be said that Grigsby himself admits that +“the outline of the argument” and “some of its +<span class="pgnm"><a name="Page_150" id="Page_150">[Pg 150]</a></span> +expressions” are undoubtedly “authentic.” That +this is so is apparent, likewise, from the written +recollections of St. George Tucker, wherein the +substance of the speech is given, besides one entire +passage in almost the exact language of the version +by Wirt. Finally, John Roane, in 1834, in +his conversation with Edward Fontaine, is said +to have “verified the correctness of the speech as +it was written by Judge Tyler for Mr. Wirt.”<a name="FNanchor161" id="FNanchor161"></a><a href="#Footnote-161" class="fnanchor">[161]</a> +This, unfortunately, is the only intimation that +has anywhere been found attributing Wirt’s version +to the excellent authority of Judge John +Tyler. If the statement could be confirmed, it +would dispel every difficulty at once. But, even +though the statement should be set aside, enough +would still remain to justify us in thinking that +Wirt’s version of the famous speech by no means +deserves to be called “apocryphal,” in any such +sense as that word has when applied, for example, +to the speeches in Livy and in Thucydides, or in +Botta. In the first place, Wirt’s version certainly +gives the substance of the speech as actually made +by Patrick Henry on the occasion named; and, +for the form of it, Wirt seems to have gathered +testimony from all available living witnesses, and +then, from such sentences or snatches of sentences +as these witnesses could remember, as well as from +his own conception of the orator’s method of expression, +to have constructed the version which he +has handed down to us. Even in that case, it is +<span class="pgnm"><a name="Page_151" id="Page_151">[Pg 151]</a></span> +probably far more accurate and authentic than are +most of the famous speeches attributed to public +characters before reporters’ galleries were opened, +and before the art of reporting was brought to its +present perfection.</p> + +<p>Returning, now, from this long account of Patrick +Henry’s most celebrated speech, to the assemblage +in which it was made, it remains to be mentioned +that the resolutions, as offered by Patrick +Henry, were carried; and that the committee, +called for by those resolutions, to prepare a plan +for “embodying, arming, and disciplining” the +militia,<a name="FNanchor162" id="FNanchor162"></a><a href="#Footnote-162" class="fnanchor">[162]</a> was at once appointed. Of this committee +Patrick Henry was chairman; and with him +were associated Richard Henry Lee, Nicholas, +Harrison, Riddick, Washington, Stephen, Lewis, +Christian, Pendleton, Jefferson, and Zane. On +the following day, Friday, the 24th of March, the +committee brought in its report, which was laid +over for one day, and then, after some amendment, +was unanimously adopted.</p> + +<p>The convention did not close its labors until +Monday, the 27th of March. The contemporaneous +estimate of Patrick Henry, not merely as a +leader in debate, but as a constitutional lawyer, +and as a man of affairs, may be partly gathered +from the fact of his connection with each of the +two other important committees of this convention,—the +committee “to inquire whether his majesty +may of right advance the terms of granting lands +<span class="pgnm"><a name="Page_152" id="Page_152">[Pg 152]</a></span> +in this colony,”<a name="FNanchor163" id="FNanchor163"></a><a href="#Footnote-163" class="fnanchor">[163]</a> on which his associates were the +great lawyers, Bland, Jefferson, Nicholas, and +Pendleton; and the committee “to prepare a plan +for the encouragement of arts and manufactures +in this colony,”<a name="FNanchor164" id="FNanchor164"></a><a href="#Footnote-164" class="fnanchor">[164]</a> on which his associates were +Nicholas, Bland, Mercer, Pendleton, Cary, Carter +of Stafford, Harrison, Richard Henry Lee, Clapham, +Washington, Holt, and Newton.</p> + + +<div class="footnotes"> +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-136" id="Footnote-136"></a><a href="#FNanchor136"><span class="label">[136]</span></a> For an example of such overstatement, see Wirt, 114-123. +See, also, the damaging comments thereon by Rives, <i>Life of Madison</i>, +i. 63, 64.</p></div> + +<div class="footnote"><p><a name="Footnote-137" id="Footnote-137"></a><a href="#FNanchor137"><span class="label">[137]</span></a> 4 <i>Am. Arch.</i> i. 928.</p></div> + +<div class="footnote"><p><a name="Footnote-138" id="Footnote-138"></a><a href="#FNanchor138"><span class="label">[138]</span></a> 4 <i>Ibid.</i> i. 947.</p></div> + +<div class="footnote"><p><a name="Footnote-139" id="Footnote-139"></a><a href="#FNanchor139"><span class="label">[139]</span></a> <i>Ibid.</i></p></div> + +<div class="footnote"><p><a name="Footnote-140" id="Footnote-140"></a><a href="#FNanchor140"><span class="label">[140]</span></a> 4 <i>Am. Arch.</i> i. 949, 950.</p></div> + +<div class="footnote"><p><a name="Footnote-141" id="Footnote-141"></a><a href="#FNanchor141"><span class="label">[141]</span></a> <i>Ibid.</i> i. 953.</p></div> + +<div class="footnote"><p><a name="Footnote-142" id="Footnote-142"></a><a href="#FNanchor142"><span class="label">[142]</span></a> <i>Ibid.</i> 858.</p></div> + +<div class="footnote"><p><a name="Footnote-143" id="Footnote-143"></a><a href="#FNanchor143"><span class="label">[143]</span></a> <i>Ibid.</i> i. 963.</p></div> + +<div class="footnote"><p><a name="Footnote-144" id="Footnote-144"></a><a href="#FNanchor144"><span class="label">[144]</span></a> Hildreth, iii. 52.</p></div> + +<div class="footnote"><p><a name="Footnote-145" id="Footnote-145"></a><a href="#FNanchor145"><span class="label">[145]</span></a> 4 <i>Am. Arch.</i> i. 1032.</p></div> + +<div class="footnote"><p><a name="Footnote-146" id="Footnote-146"></a><a href="#FNanchor146"><span class="label">[146]</span></a> 4 <i>Am. Arch.</i> i. 1022.</p></div> + +<div class="footnote"><p><a name="Footnote-147" id="Footnote-147"></a><a href="#FNanchor147"><span class="label">[147]</span></a> <i>Ibid.</i> i. 1145.</p></div> + +<div class="footnote"><p><a name="Footnote-148" id="Footnote-148"></a><a href="#FNanchor148"><span class="label">[148]</span></a> <i>Ibid.</i> i. 1254.</p></div> + +<div class="footnote"><p><a name="Footnote-149" id="Footnote-149"></a><a href="#FNanchor149"><span class="label">[149]</span></a> <i>Ibid.</i> i. 1062.</p></div> + +<div class="footnote"><p><a name="Footnote-150" id="Footnote-150"></a><a href="#FNanchor150"><span class="label">[150]</span></a> <i>Ibid.</i> i. 1139.</p></div> + +<div class="footnote"><p><a name="Footnote-151" id="Footnote-151"></a><a href="#FNanchor151"><span class="label">[151]</span></a> <i>Ibid.</i> i. 1171.</p></div> + +<div class="footnote"><p><a name="Footnote-152" id="Footnote-152"></a><a href="#FNanchor152"><span class="label">[152]</span></a> 4 <i>Am. Arch.</i> i. 1340.</p></div> + +<div class="footnote"><p><a name="Footnote-153" id="Footnote-153"></a><a href="#FNanchor153"><span class="label">[153]</span></a> 4 <i>Am. Arch.</i> ii. 167, 168.</p></div> + +<div class="footnote"><p><a name="Footnote-154" id="Footnote-154"></a><a href="#FNanchor154"><span class="label">[154]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-155" id="Footnote-155"></a><a href="#FNanchor155"><span class="label">[155]</span></a> Curtis, <i>Life of Webster</i>, i. 585.</p></div> + +<div class="footnote"><p><a name="Footnote-156" id="Footnote-156"></a><a href="#FNanchor156"><span class="label">[156]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-157" id="Footnote-157"></a><a href="#FNanchor157"><span class="label">[157]</span></a> Randall, <i>Life of Jefferson</i>, i. 101, 102.</p></div> + +<div class="footnote"><p><a name="Footnote-158" id="Footnote-158"></a><a href="#FNanchor158"><span class="label">[158]</span></a> Now in the library of Cornell University.</p></div> + +<div class="footnote"><p><a name="Footnote-159" id="Footnote-159"></a><a href="#FNanchor159"><span class="label">[159]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-160" id="Footnote-160"></a><a href="#FNanchor160"><span class="label">[160]</span></a> <i>Va. Conv. of 1776</i>, 150, note.</p></div> + +<div class="footnote"><p><a name="Footnote-161" id="Footnote-161"></a><a href="#FNanchor161"><span class="label">[161]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-162" id="Footnote-162"></a><a href="#FNanchor162"><span class="label">[162]</span></a> 4 <i>Am. Arch.</i> ii. 168.</p></div> + +<div class="footnote"><p><a name="Footnote-163" id="Footnote-163"></a><a href="#FNanchor163"><span class="label">[163]</span></a> 4 <i>Am. Arch.</i> ii. 1742.</p></div> + +<div class="footnote"><p><a name="Footnote-164" id="Footnote-164"></a><a href="#FNanchor164"><span class="label">[164]</span></a> <i>Ibid.</i> 170.</p></div> + +</div> + + +<p><span class="pgnm"><a name="Page_153" id="Page_153">[Pg 153]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER X <br /> +<span class="hsub">THE RAPE OF THE GUNPOWDER</span></h2> + + +<p>Several of the famous men of the Revolution, +whose distinction is now exclusively that of civilians, +are supposed to have cherished very decided +military aspirations; to have been rather envious +of the more vivid renown acquired by some of +their political associates who left the senate for +the field; and, indeed, to have made occasional +efforts to secure for themselves the opportunity +for glory in the same pungent and fascinating +form. A notable example of this class of Revolutionary +civilians with abortive military desires, is +John Hancock. In June, 1775, when Congress +had before it the task of selecting one who should +be the military leader of the uprisen colonists, +John Hancock, seated in the president’s chair, +gave unmistakable signs of thinking that the choice +ought to fall upon himself. While John Adams +was speaking in general terms of the military situation, +involving, of course, the need of a commander-in-chief, +Hancock heard him “with visible +pleasure;” but when the orator came to point out +Washington as the man best fitted for the leadership, +“a sudden and striking change” came over +<span class="pgnm"><a name="Page_154" id="Page_154">[Pg 154]</a></span> +the countenance of the president. “Mortification +and resentment were expressed as forcibly as his +face could exhibit them;”<a name="FNanchor165" id="FNanchor165"></a><a href="#Footnote-165" class="fnanchor">[165]</a> and it is probable that, +to the end of his days, he was never able entirely +to forgive Washington for having carried off the +martial glory that he had really believed to be +within his own reach. But even John Adams, +who so pitilessly unveiled the baffled military desires +of Hancock, was perhaps not altogether unacquainted +with similar emotions in his own soul. +Fully three weeks prior to that notable scene in +Congress, in a letter to his wife in which he was +speaking of the amazing military spirit then running +through the continent, and of the military +appointments then held by several of his Philadelphia +friends, he exclaimed in his impulsive way, +“Oh that I were a soldier! I will be.”<a name="FNanchor166" id="FNanchor166"></a><a href="#Footnote-166" class="fnanchor">[166]</a> And on +the very day on which he joined in the escort of +the new generals, Washington, Lee, and Schuyler, +on their first departure from Philadelphia for the +American camp, he sent off to his wife a characteristic +letter revealing something of the anguish +with which he, a civilian, viewed the possibility +of his being at a disadvantage with these military +men in the race for glory:—</p> + +<div class="blockquot"><p>“The three generals were all mounted on horseback, +accompanied by Major Mifflin, who is gone in the character +of aide-de-camp. All the delegates from the Massachusetts, +with their servants and carriages, attended. +Many others of the delegates from the Congress; a large +<span class="pgnm"><a name="Page_155" id="Page_155">[Pg 155]</a></span> +troop of light horse in their uniforms; many officers of +militia, besides, in theirs; music playing, etc., etc. Such +is the pride and pomp of war. I, poor creature, worn +out with scribbling for my bread and my liberty, low in +spirits and weak in health, must leave to others to wear +the laurels which I have sown; others to eat the bread +which I have earned.”<a name="FNanchor167" id="FNanchor167"></a><a href="#Footnote-167" class="fnanchor">[167]</a></p> +</div> + +<p>Of Patrick Henry, however, it may be said that +his permanent fame as an orator and a statesman +has almost effaced the memory of the fact that, +in the first year of the war, he had considerable +prominence as a soldier; that it was then believed +by many, and very likely by himself, that, having +done as much as any man to bring on the war, he +was next to do as much as any man in the actual +conduct of it, and was thus destined to add to a +civil renown of almost unapproached brilliance, a +similar renown for splendid talents in the field. +At any rate, the “first overt act of war” in Virginia, +as Jefferson testifies,<a name="FNanchor168" id="FNanchor168"></a><a href="#Footnote-168" class="fnanchor">[168]</a> was committed by +Patrick Henry. The first physical resistance to +a royal governor, which in Massachusetts was made +by the embattled farmers at Lexington and Concord, +was made in Virginia almost as early, under +the direction and inspiration of Patrick Henry’s +leadership. In the first organization of the Revolutionary +army in Virginia, the chief command +was given to Patrick Henry. Finally, that he +never had the opportunity of proving in battle +<span class="pgnm"><a name="Page_156" id="Page_156">[Pg 156]</a></span> +whether or not he had military talents, and that, +after some months of nominal command, he was +driven by a series of official slights into an abandonment +of his military career, may have been +occasioned solely by a proper distrust of his military +capacity on the part of the Virginia Committee +of Safety, or it may have been due in some measure +to the unslumbering jealousy of him which +was at the time attributed to the leading members +of that committee. The purpose of this chapter, +and of the next, will be to present a rapid grouping +of these incidents in his life,—incidents which +now have the appearance of a mere episode, but +which once seemed the possible beginnings of a +deliberate and conspicuous military career.</p> + +<p>Within the city of Williamsburg, at the period +now spoken of, had long been kept the public +storehouse for gunpowder and arms. In the dead +of the night<a name="FNanchor169" id="FNanchor169"></a><a href="#Footnote-169" class="fnanchor">[169]</a> preceding the 21st of April, 1775,—a +little less than a month, therefore, after the +convention of Virginia had proclaimed the inevitable +approach of a war with Great Britain,—a +detachment of marines from the armed schooner +Magdalen, then lying in the James River, stealthily +visited this storehouse, and, taking thence fifteen +half-barrels of gunpowder,<a name="FNanchor170" id="FNanchor170"></a><a href="#Footnote-170" class="fnanchor">[170]</a> carried them off +in Lord Dunmore’s wagon to Burwell’s Ferry, +and put them on board their vessel. Of course, +the news of this exploit flew fast through the colony, +and everywhere awoke alarm and exasperation.<span class="pgnm"><a name="Page_157" id="Page_157">[Pg 157]</a></span> +Soon some thousands of armed men made +ready to march to the capital to demand the restoration +of the gunpowder. On Tuesday, the 25th +of April, the independent company of Fredericksburg +notified their colonel, George Washington, +that, with his approbation, they would be prepared +to start for Williamsburg on the following Saturday, +“properly accoutred as light-horsemen,” and +in conjunction with “any other bodies of armed +men who” might be “willing to appear in support +of the honor of Virginia.”<a name="FNanchor171" id="FNanchor171"></a><a href="#Footnote-171" class="fnanchor">[171]</a></p> + +<p>Similar messages were promptly sent to Washington +from the independent companies of Prince +William<a name="FNanchor172" id="FNanchor172"></a><a href="#Footnote-172" class="fnanchor">[172]</a> +and Albemarle counties.<a name="FNanchor173" id="FNanchor173"></a><a href="#Footnote-173" class="fnanchor">[173]</a> +On Wednesday, +the 26th of April, the men in arms who +had already arrived at Fredericksburg sent to the +capital a swift messenger “to inquire whether the +gunpowder had been replaced in the public magazine.”<a name="FNanchor174" id="FNanchor174"></a><a href="#Footnote-174" class="fnanchor">[174]</a> +On Saturday, the 29th,—being the day +already fixed for the march upon Williamsburg,—one +hundred and two gentlemen, representing +fourteen companies of light-horse, met in council +at Fredericksburg, and, after considering a letter +from the venerable Peyton Randolph which their +messenger had brought back with him, particularly +Randolph’s assurance that the affair of the gunpowder +was to be satisfactorily arranged, came to +the resolution that they would proceed no further +at that time; adding, however, this solemn declaration: +<span class="pgnm"><a name="Page_158" id="Page_158">[Pg 158]</a></span> +“We do now pledge ourselves to each other +to be in readiness, at a moment’s warning, to reassemble, +and by force of arms to defend the law, +the liberty, and rights of this or any sister colony +from unjust and wicked invasion.”<a name="FNanchor175" id="FNanchor175"></a><a href="#Footnote-175" class="fnanchor">[175]</a></p> + +<p>It is at this point that Patrick Henry comes +upon the scene. Thus far, during the trouble, he +appears to have been watching events from his +home in Hanover County. As soon, however, as +word was brought to him of the tame conclusion +thus reached by the assembled warriors at Fredericksburg, +his soul took fire at the lamentable mistake +which he thought they had made. To him it +seemed on every account the part of wisdom that +the blow, which would have to be “struck sooner +or later, should be struck at once, before an overwhelming +force should enter the colony;” that the +spell by which the people were held in a sort of +superstitious awe of the governor should be broken; +“that the military resources of the country should +be developed;” that the people should be made to +“see and feel their strength by being brought out +together; that the revolution should be set in actual +motion in the colony; that the martial prowess +of the country should be awakened, and the soldiery +animated by that proud and resolute confidence +which a successful enterprise in the commencement +of a contest never fails to inspire.”<a name="FNanchor176" id="FNanchor176"></a><a href="#Footnote-176" class="fnanchor">[176]</a></p> + +<p><span class="pgnm"><a name="Page_159" id="Page_159">[Pg 159]</a></span> +Accordingly, he resolved that, as the troops +lately rendezvoused at Fredericksburg had forborne +to strike this needful blow, he would endeavor to +repair the mistake by striking it himself. At +once, therefore, he despatched expresses to the +officers and men of the independent company of +his own county, “requesting them to meet him in +arms at New Castle on the second of May, on +business of the highest importance to American +liberty.”<a name="FNanchor177" id="FNanchor177"></a><a href="#Footnote-177" class="fnanchor">[177]</a> +He also summoned the county committee +to meet him at the same time and place.</p> + +<p>At the place and time appointed his neighbors +were duly assembled; and when he had laid before +them, in a speech of wonderful eloquence, his view +of the situation, they instantly resolved to put +themselves under his command, and to march at +once to the capital, either to recover the gunpowder +itself, or to make reprisals on the king’s property +sufficient to replace it. Without delay the march +began, Captain Patrick Henry leading. By sunset +of the following day, they had got as far as to +Doncastle’s Ordinary, about sixteen miles from +Williamsburg, and there rested for the night. +Meantime, the news that Patrick Henry was +marching with armed men straight against Lord +Dunmore, to demand the restoration of the gunpowder +or payment for it, carried exhilaration or +terror in all directions. On the one hand, many +prudent and conservative gentlemen were horrified +at his rashness, and sent messenger after messenger +<span class="pgnm"><a name="Page_160" id="Page_160">[Pg 160]</a></span> +to beg him to stay his fearful proceeding, to +turn about, and to go home.<a name="FNanchor178" id="FNanchor178"></a><a href="#Footnote-178" class="fnanchor">[178]</a> On the other hand, +as the word flew from county to county that Patrick +Henry had taken up the people’s cause in +this vigorous fashion, five thousand men sprang to +arms, and started across the country to join the +ranks of his followers, and to lend a hand in case +of need. At Williamsburg, the rumor of his approach +brought on a scene of consternation. The +wife and family of Lord Dunmore were hurried +away to a place of safety. Further down the +river, the commander of his majesty’s ship Fowey +was notified that “his excellency the Lord Dunmore, +governor of Virginia,” was “threatened +with an attack at daybreak, … at his palace at +Williamsburg;” and for his defence was speedily +sent off a detachment of marines.<a name="FNanchor179" id="FNanchor179"></a><a href="#Footnote-179" class="fnanchor">[179]</a> Before daybreak, +however, the governor seems to have come +to the prudent decision to avert, by a timely settlement +with Patrick Henry, the impending attack; +and accordingly, soon after daybreak, a messenger +arrived at Doncastle’s Ordinary, there to tender +immediate satisfaction in money for the gunpowder +that had been ravished away.<a name="FNanchor180" id="FNanchor180"></a><a href="#Footnote-180" class="fnanchor">[180]</a> The troops, having +already resumed their march, were halted; and +soon a settlement of the trouble was effected, according +to the terms of the following singular +document:—</p> + + +<div class="blockquot"> +<span class="pgnm"><a name="Page_161" id="Page_161">[Pg 161]</a></span> +<p class="center"><span class="smcap">Doncastle’s Ordinary, New Kent</span>, May 4, 1775.</p> + +<p>Received from the Honorable Richard Corbin, Esq., +his majesty’s receiver-general, £330, as a compensation +for the gunpowder lately taken out of the public magazine +by the governor’s order; which money I promise to +convey to the Virginia delegates at the General Congress, +to be under their direction laid out in gunpowder for +the colony’s use, and to be stored as they shall direct, +until the next colony convention or General Assembly; +unless it shall be necessary, in the mean time, to use the +same in defence of this colony. It is agreed, that in +case the next convention shall determine that any part +of the said money ought to be returned to his majesty’s +receiver-general, that the same shall be done accordingly.</p> + +<p class="right1"><span class="smcap">Patrick Henry, Junior.</span><a name="FNanchor181" id="FNanchor181"></a><a href="#Footnote-181" class="fnanchor">[181]</a></p> +</div> + +<p>The chief object for which Patrick Henry and +his soldiers had taken the trouble to come to that +place having been thus suddenly accomplished, +there was but one thing left for them to do before +they should return to their homes. Robert Carter +Nicholas, the treasurer of the colony, was at +Williamsburg; and to him Patrick Henry at once +despatched a letter informing him of the arrangement +that had been made, and offering to him any +protection that he might in consequence require:—</p> + +<div class="blockquot"> +<p class="right1">May 4, 1775.</p> + +<p><span class="smcap">Sir</span>,—The affair of the powder is now settled, so as +to produce satisfaction in me, and I earnestly wish to +the colony in general. The people here have it in charge +<span class="pgnm"><a name="Page_162" id="Page_162">[Pg 162]</a></span> +from the Hanover committee, to tender their services to +you as a public officer, for the purpose of escorting the +public treasury to any place in this colony where the +money would be judged more safe than in the city of +Williamsburg. The reprisal now made by the Hanover +volunteers, though accomplished in a manner least liable +to the imputation of violent extremity, may possibly be +the cause of future injury to the treasury. If, therefore, +you apprehend the least danger, a sufficient guard +is at your service. I beg the return of the bearer may +be instant, because the men wish to know their destination.</p> + +<p class="right"><span class="right6">With great regard, I am, sir,</span><br /> +<span class="right3">Your most humble servant,</span><br /> +<span class="right1 smcap">Patrick Henry, Junior.</span></p> + +<p><span class="smcap">To Robert Carter Nicholas</span>, Esq., Treasurer.<a name="FNanchor182" id="FNanchor182"></a><a href="#Footnote-182" class="fnanchor">[182]</a></p> +</div> + +<p>Patrick Henry’s desire for an immediate answer +from the respectable Mr. Nicholas was gratified, +although it came in the form of a dignified rebuff: +Mr. Nicholas “had no apprehension of the necessity +or propriety of the proffered service.”<a name="FNanchor183" id="FNanchor183"></a><a href="#Footnote-183" class="fnanchor">[183]</a></p> + +<p>No direct communication seems to have been +had at that time with Lord Dunmore; but two +days afterward his lordship, having given to Patrick +Henry ample time to withdraw to a more +agreeable distance, sent thundering after him this +portentous proclamation:—</p> + +<div class="blockquot"> +<p>Whereas I have been informed from undoubted authority +that a certain Patrick Henry, of the county of +Hanover, and a number of deluded followers, have taken +<span class="pgnm"><a name="Page_163" id="Page_163">[Pg 163]</a></span> +up arms, chosen their officers, and styling themselves an +independent company, have marched out of their county, +encamped, and put themselves in a posture of war, and +have written and dispatched letters to divers parts of +the country, exciting the people to join in these outrageous +and rebellious practices, to the great terror of all +his majesty’s faithful subjects, and in open defiance of +law and government; and have committed other acts of +violence, particularly in extorting from his majesty’s +receiver-general the sum of three hundred and thirty +pounds, under pretence of replacing the powder I thought +proper to order from the magazine; whence it undeniably +appears that there is no longer the least security +for the life or property of any man: wherefore, I have +thought proper, with the advice of his majesty’s council, +and in his majesty’s name, to issue this my proclamation, +strictly charging all persons, upon their allegiance, +not to aid, abet, or give countenance to the said Patrick +Henry, or any other persons concerned in such unwarrantable +combinations, but on the contrary to oppose +them and their designs by every means; which designs +must, otherwise, inevitably involve the whole country in +the most direful calamity, as they will call for the vengeance +of offended majesty and the insulted laws to be +exerted here, to vindicate the constitutional authority of +government.</p> + +<p>Given under my hand and the seal of the colony, at +Williamsburg, this 6th day of May, 1775, and in the +fifteenth year of his majesty’s reign.</p> + +<p class="right1 smcap">Dunmore.</p> + +<p>God save the king.<a name="FNanchor184" id="FNanchor184"></a><a href="#Footnote-184" class="fnanchor">[184]</a></p> +</div> + + +<p><span class="pgnm"><a name="Page_164" id="Page_164">[Pg 164]</a></span> +Beyond question, there were in Virginia at that +time many excellent gentlemen who still trusted +that the dispute with Great Britain might be composed +without bloodshed, and to whom Patrick +Henry’s conduct in this affair must have appeared +foolhardy, presumptuous, and even criminal. The +mass of the people of Virginia, however, did not +incline to take that view of the subject. They +had no faith any longer in timid counsels, in hesitating +measures. They believed that their most +important earthly rights were in danger. They +longed for a leader with vigor, promptitude, courage, +caring less for technical propriety than for +justice, and not afraid to say so, by word or deed, +to Lord Dunmore and to Lord Dunmore’s master. +Such a leader they thought they saw in Patrick +Henry. Accordingly, even on his march homeward +from Doncastle’s Ordinary, the heart of Virginia +began to go forth to him in expressions of +love, of gratitude, and of homage, such as no +American colonist perhaps had ever before received. +Upon his return home, his own county +greeted him with its official approval.<a name="FNanchor185" id="FNanchor185"></a><a href="#Footnote-185" class="fnanchor">[185]</a> On the 8th +of May, the county of Louisa sent him her thanks;<a name="FNanchor186" id="FNanchor186"></a><a href="#Footnote-186" class="fnanchor">[186]</a> +and on the following day, messages to the same +effect were sent from the counties of Orange and +Spottsylvania.<a name="FNanchor187" id="FNanchor187"></a><a href="#Footnote-187" class="fnanchor">[187]</a> On the 19th of May, an address +“to the inhabitants of Virginia,” under the signature +of “Brutus,” saluted Patrick Henry as “his +<span class="pgnm"><a name="Page_165" id="Page_165">[Pg 165]</a></span> +country’s and America’s unalterable and unappalled +great advocate and friend.”<a name="FNanchor188" id="FNanchor188"></a><a href="#Footnote-188" class="fnanchor">[188]</a> On the 22d +of May, Prince William County declared its thanks +to be “justly due to Captain Patrick Henry, and +the gentlemen volunteers who attended him, for +their proper and spirited conduct.”<a name="FNanchor189" id="FNanchor189"></a><a href="#Footnote-189" class="fnanchor">[189]</a> On the 26th +of May, Loudoun County declared its cordial +approval.<a name="FNanchor190" id="FNanchor190"></a><a href="#Footnote-190" class="fnanchor">[190]</a> On the 9th of June, the volunteer +company of Lancaster County resolved “that every +member of this company do return thanks to the +worthy Captain Patrick Henry and the volunteer +company of Hanover, for their spirited conduct on +a late expedition, and they are determined to protect +him from any insult that may be offered him, +on that account, at the risk of life and fortune.”<a name="FNanchor191" id="FNanchor191"></a><a href="#Footnote-191" class="fnanchor">[191]</a> +On the 19th of June, resolutions of gratitude and +confidence were voted by the counties of Prince +Edward and of Frederick, the latter saying:—</p> + +<div class="blockquot"> +<p>“We should blush to be thus late in our commendations +of, and thanks to, Patrick Henry, Esquire, for his +patriotic and spirited behavior in making reprisals for +the powder so unconstitutionally … taken from the +public magazine, could we have entertained a thought +that any part of the colony would have condemned a +measure calculated for the benefit of the whole; but as +we are informed this is the case, we beg leave … +to assure that gentleman that we did from the first, and +still do, most cordially approve and commend his conduct +in that affair. The good people of this county will +<span class="pgnm"><a name="Page_166" id="Page_166">[Pg 166]</a></span> +never fail to approve and support him to the utmost of +their powers in every action derived from so rich a +source as the love of his country. We heartily thank +him for stepping forth to convince the tools of despotism +that freeborn men are not to be intimidated, by any +form of danger, to submit to the arbitrary acts of their +rulers.”<a name="FNanchor192" id="FNanchor192"></a><a href="#Footnote-192" class="fnanchor">[192]</a></p> +</div> + +<p>On the 10th of July, the county of Fincastle prolonged +the strain of public affection and applause +by assuring Patrick Henry that it would support +and justify him at the risk of life and fortune.<a name="FNanchor193" id="FNanchor193"></a><a href="#Footnote-193" class="fnanchor">[193]</a></p> + +<p>In the mean time, the second Continental Congress +had already convened at Philadelphia, beginning +its work on the 10th of May. The journal +mentions the presence, on that day, of all the delegates +from Virginia, excepting Patrick Henry, +who, of course, had been delayed in his preparations +for the journey by the events which we have +just described. Not until the 11th of May was he +able to set out from his home; and he was then +accompanied upon his journey, to a point beyond +the borders of the colony, by a spontaneous escort +of armed men,—a token, not only of the popular +love for him, but of the popular anxiety lest Dunmore +should take the occasion of an unprotected +journey to put him under arrest. “Yesterday,”<span class="pgnm"><a name="Page_167" id="Page_167">[Pg 167]</a></span> +says a document dated at Hanover, May the 12th, +1775, “Patrick Henry, one of the delegates for +this colony, escorted by a number of respectable +young gentlemen, volunteers from this and King +William and Caroline counties, set out to attend +the General Congress. They proceeded with him +as far as Mrs. Hooe’s ferry, on the Potomac, by +whom they were most kindly and hospitably entertained, +and also provided with boats and hands to +cross the river; and after partaking of this lady’s +beneficence, the bulk of the company took their +leave of Mr. Henry, saluting him with two platoons +and repeated huzzas. A guard accompanied +that worthy gentleman to the Maryland side, who +saw him safely landed; and committing him to +the gracious and wise Disposer of all human events, +to guide and protect him whilst contending for a +restitution of our dearest rights and liberties, they +wished him a safe journey, and happy return to +his family and friends.”<a name="FNanchor194" id="FNanchor194"></a><a href="#Footnote-194" class="fnanchor">[194]</a></p> + + +<div class="footnotes"> + +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-165" id="Footnote-165"></a><a href="#FNanchor165"><span class="label">[165]</span></a> <i>Works of John Adams</i>, ii. 415-417.</p></div> + +<div class="footnote"><p><a name="Footnote-166" id="Footnote-166"></a><a href="#FNanchor166"><span class="label">[166]</span></a> <i>Letters of John Adams to his Wife</i>, i. 40.</p></div> + +<div class="footnote"><p><a name="Footnote-167" id="Footnote-167"></a><a href="#FNanchor167"><span class="label">[167]</span></a> <i>Letters of John Adams to his Wife</i>, i. 47, 48.</p></div> + +<div class="footnote"><p><a name="Footnote-168" id="Footnote-168"></a><a href="#FNanchor168"><span class="label">[168]</span></a> <i>Works of Jefferson</i>, i. 116.</p></div> + +<div class="footnote"><p><a name="Footnote-169" id="Footnote-169"></a><a href="#FNanchor169"><span class="label">[169]</span></a> 4 <i>Am. Arch.</i> ii. 1227.</p></div> + +<div class="footnote"><p><a name="Footnote-170" id="Footnote-170"></a><a href="#FNanchor170"><span class="label">[170]</span></a> <i>Ibid.</i> iii. 390.</p></div> + +<div class="footnote"><p><a name="Footnote-171" id="Footnote-171"></a><a href="#FNanchor171"><span class="label">[171]</span></a> 4 <i>Am. Arch.</i> ii. 387.</p></div> + +<div class="footnote"><p><a name="Footnote-172" id="Footnote-172"></a><a href="#FNanchor172"><span class="label">[172]</span></a> <i>Ibid.</i> ii. 395.</p></div> + +<div class="footnote"><p><a name="Footnote-173" id="Footnote-173"></a><a href="#FNanchor173"><span class="label">[173]</span></a> <i>Ibid.</i> ii. 442, 443.</p></div> + +<div class="footnote"><p><a name="Footnote-174" id="Footnote-174"></a><a href="#FNanchor174"><span class="label">[174]</span></a> <i>Ibid.</i> ii. 426.</p></div> + +<div class="footnote"><p><a name="Footnote-175" id="Footnote-175"></a><a href="#FNanchor175"><span class="label">[175]</span></a> 4 <i>Am. Arch.</i> ii. 443.</p></div> + +<div class="footnote"><p><a name="Footnote-176" id="Footnote-176"></a><a href="#FNanchor176"><span class="label">[176]</span></a> Patrick Henry’s reasons were thus stated by him at the time +to Colonel Richard Morris and Captain George Dabney, and by +the latter were communicated to Wirt, 136, 137.</p></div> + +<div class="footnote"><p><a name="Footnote-177" id="Footnote-177"></a><a href="#FNanchor177"><span class="label">[177]</span></a> Wirt, 137, 138.</p></div> + +<div class="footnote"><p><a name="Footnote-178" id="Footnote-178"></a><a href="#FNanchor178"><span class="label">[178]</span></a> Wirt, 141.</p></div> + +<div class="footnote"><p><a name="Footnote-179" id="Footnote-179"></a><a href="#FNanchor179"><span class="label">[179]</span></a> 4 <i>Am. Arch.</i> ii. 504</p></div> + +<div class="footnote"><p><a name="Footnote-180" id="Footnote-180"></a><a href="#FNanchor180"><span class="label">[180]</span></a> Cooke, <i>Virginia</i>, 432.</p></div> + +<div class="footnote"><p><a name="Footnote-181" id="Footnote-181"></a><a href="#FNanchor181"><span class="label">[181]</span></a> 4 <i>Am. Arch.</i> ii. 540.</p></div> + +<div class="footnote"><p><a name="Footnote-182" id="Footnote-182"></a><a href="#FNanchor182"><span class="label">[182]</span></a> 4 <i>Am. Arch.</i> ii. 541.</p></div> + +<div class="footnote"><p><a name="Footnote-183" id="Footnote-183"></a><a href="#FNanchor183"><span class="label">[183]</span></a> <i>Ibid.</i></p></div> + +<div class="footnote"><p><a name="Footnote-184" id="Footnote-184"></a><a href="#FNanchor184"><span class="label">[184]</span></a> 4 <i>Am. Arch.</i> ii. 516.</p></div> + +<div class="footnote"><p><a name="Footnote-185" id="Footnote-185"></a><a href="#FNanchor185"><span class="label">[185]</span></a> 4 <i>Am. Arch.</i> ii. 540, 541.</p></div> + +<div class="footnote"><p><a name="Footnote-186" id="Footnote-186"></a><a href="#FNanchor186"><span class="label">[186]</span></a> <i>Ibid.</i> ii. 529.</p></div> + +<div class="footnote"><p><a name="Footnote-187" id="Footnote-187"></a><a href="#FNanchor187"><span class="label">[187]</span></a> <i>Ibid.</i> ii. 539, 540.</p></div> + +<div class="footnote"><p><a name="Footnote-188" id="Footnote-188"></a><a href="#FNanchor188"><span class="label">[188]</span></a> 4 <i>Am. Arch.</i> ii. 641.</p></div> + +<div class="footnote"><p><a name="Footnote-189" id="Footnote-189"></a><a href="#FNanchor189"><span class="label">[189]</span></a> <i>Ibid.</i> ii. 667.</p></div> + +<div class="footnote"><p><a name="Footnote-190" id="Footnote-190"></a><a href="#FNanchor190"><span class="label">[190]</span></a> <i>Ibid.</i> ii. 710, 711.</p></div> + +<div class="footnote"><p><a name="Footnote-191" id="Footnote-191"></a><a href="#FNanchor191"><span class="label">[191]</span></a> <i>Ibid.</i> ii. 938.</p></div> + +<div class="footnote"><p><a name="Footnote-192" id="Footnote-192"></a><a href="#FNanchor192"><span class="label">[192]</span></a> 4 <i>Am. Arch.</i> ii. 1024.</p></div> + +<div class="footnote"><p><a name="Footnote-193" id="Footnote-193"></a><a href="#FNanchor193"><span class="label">[193]</span></a> <i>Ibid.</i> ii. 1620, 1621. For notable comments on Patrick +Henry’s “striking and lucky <i>coup de main</i>,” see Rives, <i>Life of +Madison</i>, i. 93, 94; <i>Works of Jefferson</i>, i. 116, 117; Charles Mackay, +<i>Founders of the American Republic</i>, 232-234; 327.</p></div> + +<div class="footnote"><p><a name="Footnote-194" id="Footnote-194"></a><a href="#FNanchor194"><span class="label">[194]</span></a> 4 <i>Am. Arch.</i> ii. 541.</p></div> + +</div> + + +<p><span class="pgnm"><a name="Page_168" id="Page_168">[Pg 168]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER XI <br /> +<span class="hsub">IN CONGRESS AND IN CAMP</span></h2> + + +<p>On Thursday, the 18th of May, Patrick Henry +took his seat in the second Continental Congress; +and he appears thenceforward to have continued +in attendance until the very end of the session, +which occurred on the 1st of August. From the +official journal of this Congress, it is impossible +to ascertain the full extent of any member’s participation +in its work. Its proceedings were transacted +in secret; and only such results were announced +to the public as, in the opinion of Congress, +it was desirable that the public should know. Then, +too, from the private correspondence and the diaries +of its members but little help can be got. As +affecting Patrick Henry, almost the only non-official +testimony that has been found is that of Jefferson, +who, however, did not enter this Congress +until its session was half gone, and who, forty +years afterward, wrote what he probably supposed +to be his recollections concerning his old friend’s +deportment and influence in that body:—</p> + +<div class="blockquot"> +<p>“I found Mr. Henry to be a silent and almost unmeddling +member in Congress. On the original opening of +that body, while general grievances were the topic, he +<span class="pgnm"><a name="Page_169" id="Page_169">[Pg 169]</a></span> +was in his element, and captivated all by his bold and +splendid eloquence. But as soon as they came to specific +matters, to sober reasoning and solid argumentation, +he had the good sense to perceive that his declamation, +however excellent in its proper place, had no weight +at all in such an assembly as that, of cool-headed, reflecting, +judicious men. He ceased, therefore, in a great +measure, to take any part in the business. He seemed, +indeed, very tired of the place, and wonderfully relieved +when, by appointment of the Virginia convention to be +colonel of their first regiment, he was permitted to leave +Congress about the last of July.”<a name="FNanchor195" id="FNanchor195"></a><a href="#Footnote-195" class="fnanchor">[195]</a></p> +</div> + +<p>Perhaps the principal value of this testimony is +to serve as an illustration of the extreme fragility +of any man’s memory respecting events long passed, +even in his own experience. Thus, Jefferson here +remembers how “wonderfully relieved” Patrick +Henry was at being “permitted to leave Congress” +on account of his appointment by the Virginia +convention “to be colonel of their first regiment.” +But, from the official records of the time, it can +now be shown that neither of the things which +Jefferson thus remembers, ever had any existence +in fact. In the first place, the journal of the Virginia +convention<a name="FNanchor196" id="FNanchor196"></a><a href="#Footnote-196" class="fnanchor">[196]</a> indicates that Patrick Henry’s +appointment as colonel could not have been the +occasion of any such relief from congressional duties +as Jefferson speaks of; for that appointment +was not made until five days after Congress itself +<span class="pgnm"><a name="Page_170" id="Page_170">[Pg 170]</a></span> +had adjourned, when, of course, Patrick Henry +and his fellow delegates, including Jefferson, were +already far advanced on their journey back to Virginia. +In the second place, the journal of Congress<a name="FNanchor197" id="FNanchor197"></a><a href="#Footnote-197" class="fnanchor">[197]</a> +indicates that Patrick Henry had no such +relief from congressional duties, on any account, +but was bearing his full share in its business, even +in the plainest and most practical details, down to +the very end of the session.</p> + +<p>Any one who now recalls the tremendous events +that were taking place in the land while the second +Continental Congress was in session, and the immense +questions of policy and of administration +with which it had to deal, will find it hard to believe +that its deliberations were out of the range +of Patrick Henry’s sympathies or capacities, or +that he could have been the listless, speechless, +and ineffective member depicted by the later pen +of Jefferson. When that Congress first came together, +the blood was as yet hardly dry on the +grass in Lexington Common; on the very morning +on which its session opened, the colonial troops +burst into the stronghold at Ticonderoga; and +when the session had lasted but six weeks, its +members were conferring together over the ghastly +news from Bunker Hill. The organization of some +kind of national government for thirteen colonies +precipitated into a state of war; the creation of a +national army; the selection of a commander-in-chief, +and of the officers to serve under him; the +<span class="pgnm"><a name="Page_171" id="Page_171">[Pg 171]</a></span> +hurried fortification of coasts, harbors, cities; the +supply of the troops with clothes, tents, weapons, +ammunition, food, medicine; protection against +the Indian tribes along the frontier of nearly every +colony; the goodwill of the people of Canada, and +of Jamaica; a solemn, final appeal to the king +and to the people of England; an appeal to the +people of Ireland; finally, a grave statement to all +mankind of “the causes and necessity of their +taking up arms,”—these were among the weighty +and soul-stirring matters which the second Continental +Congress had to consider and to decide +upon. For any man to say, forty years afterward, +even though he say it with all the authority of the +renown of Thomas Jefferson, that, in the presence +of such questions, the spirit of Patrick Henry was +dull or unconcerned, and that, in a Congress which +had to deal with such questions, he was “a silent +and almost unmeddling member,” is to put a strain +upon human confidence which it is unable to bear.</p> + +<p>The formula by which the daily labors of this +Congress are frequently described in its own journal +is, that “Congress met according to adjournment, +and, agreeable to the order of the day, again +resolved itself into a committee of the whole to +take into consideration the state of America; and +after some time spent therein, the president resumed +the chair, and Mr. Ward, from the committee, +reported that they had proceeded in the +business, but, not having completed it, desired +him to move for leave to sit again.”<a name="FNanchor198" id="FNanchor198"></a><a href="#Footnote-198" class="fnanchor">[198]</a> And although,<span class="pgnm"><a name="Page_172" id="Page_172">[Pg 172]</a></span> +from the beginning to the end of the session, +no mention is made of any word spoken in +debate by any member, we can yet glean, even +from that meagre record, enough to prove that +upon Patrick Henry was laid about as much labor +in the form of committee-work as upon any other +member of the House,—a fair test, it is believed, +of any man’s zeal, industry, and influence in any +legislative body.</p> + +<p>Further, it will be noted that the committee-work +to which he was thus assigned was often of +the homeliest and most prosaic kind, calling not +for declamatory gifts, but for common sense, discrimination, +experience, and knowledge of men +and things. He seems, also, to have had special +interest and authority in the several anxious phases +of the Indian question as presented by the exigencies +of that awful crisis, and to have been placed +on every committee that was appointed to deal +with any branch of the subject. Thus, on the +16th of June, he was placed with General Schuyler, +James Duane, James Wilson, and Philip +Livingston, on a committee “to take into consideration +the papers transmitted from the convention +of New York, relative to Indian affairs, and report +what steps, in their opinion, are necessary to +be taken for securing and preserving the friendship +of the Indian nations.”<a name="FNanchor199" id="FNanchor199"></a><a href="#Footnote-199" class="fnanchor">[199]</a> On the 19th of +June, he served with John Adams and Thomas +Lynch on a committee to inform Charles Lee of +<span class="pgnm"><a name="Page_173" id="Page_173">[Pg 173]</a></span> +his appointment as second major-general; and when +Lee’s answer imported that his situation and circumstances +as a British officer required some further +and very careful negotiations with Congress, +Patrick Henry was placed upon the special committee +to which this delicate business was intrusted.<a name="FNanchor200" id="FNanchor200"></a><a href="#Footnote-200" class="fnanchor">[200]</a> +On the 21st of June, the very day on which, according +to the journal, “Mr. Thomas Jefferson +appeared as a delegate for the colony of Virginia, +and produced his credentials,” his colleague, Patrick +Henry, rose in his place and stated that Washington +“had put into his hand sundry queries, to +which he desired the Congress would give an answer.” +These queries necessarily involved subjects +of serious concern to the cause for which they were +about to plunge into war, and would certainly require +for their consideration “cool-headed, reflecting, +and judicious men.” The committee appointed +for the purpose consisted of Silas Deane, Patrick +Henry, John Rutledge, Samuel Adams, and Richard +Henry Lee.<a name="FNanchor201" id="FNanchor201"></a><a href="#Footnote-201" class="fnanchor">[201]</a> +On the 10th of July, “Mr. +Alsop informed the Congress that he had an invoice +of Indian goods, which a gentleman in this +town had delivered to him, and which the said +gentleman was willing to dispose of to the Congress.” +The committee “to examine the said invoice +and report to the Congress” was composed +of Philip Livingston, Patrick Henry, and John +Alsop.<a name="FNanchor202" id="FNanchor202"></a><a href="#Footnote-202" class="fnanchor">[202]</a> +On the 12th of July, it was resolved to +<span class="pgnm"><a name="Page_174" id="Page_174">[Pg 174]</a></span> +organize three departments for the management of +Indian affairs, the commissioners to “have power +to treat with the Indians in their respective departments, +in the name and on behalf of the United +Colonies, in order to preserve peace and friendship +with the said Indians, and to prevent their taking +any part in the present commotions.” On the +following day the commissioners for the middle +department were elected, namely, Franklin, Patrick +Henry, and James Wilson.<a name="FNanchor203" id="FNanchor203"></a><a href="#Footnote-203" class="fnanchor">[203]</a> On the 17th of +July, a committee was appointed to negotiate with +the Indian missionary, the Rev. Samuel Kirkland, +respecting his past and future services among the +Six Nations, “in order to secure their friendship, +and to continue them in a state of neutrality with +respect to the present controversy between Great +Britain and these colonies.” This committee consisted +of Thomas Cushing, Patrick Henry, and +Silas Deane.<a name="FNanchor204" id="FNanchor204"></a><a href="#Footnote-204" class="fnanchor">[204]</a> Finally, on the 31st of July, next +to the last day of the session, a committee consisting +of one member for each colony was appointed +to serve in the recess of Congress, for the very +practical and urgent purpose of inquiring “in all +the colonies after virgin lead and leaden ore, and +the best methods of collecting, smelting, and refining +it;” also, after “the cheapest and easiest +methods of making salt in these colonies.” This +was not a committee on which any man could be +useful who had only “declamation” to contribute +to its work; and the several colonies were represented +<span class="pgnm"><a name="Page_175" id="Page_175">[Pg 175]</a></span> +upon it by their most sagacious and their +weightiest men,—as New Hampshire by Langdon, +Massachusetts by John Adams, Rhode Island by +Stephen Hopkins, Pennsylvania by Franklin, Delaware +by Rodney, South Carolina by Gadsden, Virginia +by Patrick Henry.<a name="FNanchor205" id="FNanchor205"></a><a href="#Footnote-205" class="fnanchor">[205]</a></p> + +<p>On the day on which this committee was appointed, +Patrick Henry wrote to Washington, then +at the headquarters of the army near Boston, a +letter which denoted on the part of the writer a +perception, unusual at that time, of the gravity +and duration of the struggle on which the colonies +were just entering:—</p> + +<div class="blockquot"> + +<p class="right1"><span class="smcap">Philadelphia</span>, July 31st, 1775.</p> + +<p><span class="smcap">Sir</span>,—Give me leave to recommend the bearer, M<sup>r</sup>. +Frazer, to your notice and regard. He means to enter +the American camp, and there to gain that experience, +of which the general cause may be avail’d. It is my +earnest wish that many Virginians might see service. +It is not unlikely that in the fluctuation of things our +country may have occasion for great military exertions. +For this reason I have taken the liberty to trouble you +with this and a few others of the same tendency. The +public good which you, sir, have so eminently promoted, +is my only motive. That you may enjoy the protection +of Heaven and live long and happy is the ardent wish +of,</p> + +<p class="right"><span class="right9">Sir,</span><br /> +<span class="right1">Y<sup>r</sup>. mo. ob<sup>t</sup>. hbl. serv.,</span><br /> +<span class="right1 smcap">P. Henry, Jr.<a name="FNanchor206" id="FNanchor206"></a><a href="#Footnote-206" class="fnanchor">[206]</a></span></p> + +<p>His Excellency, <span class="smcap">Genl. Washington.</span></p> +</div> + +<p><span class="pgnm"><a name="Page_176" id="Page_176">[Pg 176]</a></span> +On the following day Congress adjourned. As +soon as possible after its adjournment, the Virginia +delegates seem to have departed for home, to take +their places in the convention then in session at +Richmond; for the journal of that convention +mentions that on Wednesday, August the 9th, +“Patrick Henry, Edmund Pendleton, Benjamin +Harrison, and Thomas Jefferson, Esquires, appeared +in convention, and took their seats.”<a name="FNanchor207" id="FNanchor207"></a><a href="#Footnote-207" class="fnanchor">[207]</a> On +the next day an incident occurred in the convention +implying that Patrick Henry, during his absence +in Congress, had been able to serve his colony +by other gifts as well as by those of “bold and +splendid eloquence:” it was resolved that “the +powder purchased by Patrick Henry, Esquire, for +the use of this colony, be immediately sent for.”<a name="FNanchor208" id="FNanchor208"></a><a href="#Footnote-208" class="fnanchor">[208]</a> +On the day following that, the convention resolved +unanimously that “the thanks of this convention +are justly due to his excellency, George Washington, +Esquire, Patrick Henry, and Edmund Pendleton, +Esquires, three of the worthy delegates +who represented this colony in the late Continental +Congress, for their faithful discharge of that +important trust; and this body are only induced +to dispense with their future services of the like +kind, by the appointment of the two former to +other offices in the public service, incompatible +with their attendance on this, and the infirm state +of health of the latter.”<a name="FNanchor209" id="FNanchor209"></a><a href="#Footnote-209" class="fnanchor">[209]</a></p> + +<p><span class="pgnm"><a name="Page_177" id="Page_177">[Pg 177]</a></span> +Of course, the two appointments here referred +to are of Washington as commander-in-chief of +the forces of the United Colonies, and of Patrick +Henry as commander-in-chief of the forces of Virginia,—the +latter appointment having been made +by the Virginia convention on the 5th of August. +The commission, which passed the convention on +the 28th of that month, constituted Patrick Henry +“colonel of the first regiment of regulars, and +commander-in-chief of all the forces to be raised +for the protection and defence of this colony;” +and while it required “all officers and soldiers, +and every person whatsoever, in any way concerned, +to be obedient” to him, “in all things touching +the due execution of this commission,” it also required +him to be obedient to “all orders and instructions +which, from time to time,” he might +“receive from the convention or Committee of +Safety.”<a name="FNanchor210" id="FNanchor210"></a><a href="#Footnote-210" class="fnanchor">[210]</a> Accordingly, Patrick Henry’s control +of military proceedings in Virginia was, as it +proved, nothing more than nominal: it was a supreme +command on paper, tempered in actual experience +by the incessant and distrustful interference +of an ever-present body of civilians, who had +all power over him.</p> + +<p>A newspaper of Williamsburg for the 23d of +September announces the arrival there, two days +before, of “Patrick Henry, Esquire, commander-in-chief +of the Virginia forces. He was met and +escorted to town by the whole body of volunteers,<span class="pgnm"><a name="Page_178" id="Page_178">[Pg 178]</a></span> +who paid him every mark of respect and distinction +in their power.”<a name="FNanchor211" id="FNanchor211"></a><a href="#Footnote-211" class="fnanchor">[211]</a> Thereupon he inspected +the grounds about the city; and as a place suitable +for the encampment, he fixed upon a site in the +rear of the College of William and Mary. Soon +troops began to arrive in considerable numbers, +and to prepare themselves for whatever service +might be required of them.<a name="FNanchor212" id="FNanchor212"></a><a href="#Footnote-212" class="fnanchor">[212]</a> There was, however, +a sad lack of arms and ammunition. On the 15th +of October, Pendleton, who was at the head of the +Committee of Safety, gave this account of the situation +in a letter to Richard Henry Lee, then in +Congress at Philadelphia:—</p> + +<div class="blockquot"><p>“Had we arms and ammunition, it would give vigor +to our measures.… Nine companies of regulars are +here, and seem very clever men; others, we hear, are +ready, and only wait to collect arms. Lord Dunmore’s +forces are only one hundred and sixty as yet, intrenched +at Gosport, and supported by the ships drawn up before +that and Norfolk.”<a name="FNanchor213" id="FNanchor213"></a><a href="#Footnote-213" class="fnanchor">[213]</a></p> +</div> + +<p>On the 30th of November, Lord Dunmore, who +had been compelled by the smallness of his land +force to take refuge upon his armed vessels off the +coast, thus described the situation, in a letter to +General Sir William Howe, then in command at +Boston:—</p> + +<div class="blockquot"><p>“I must inform you that with our little corps, I think +we have done wonders. We have taken and destroyed +above four score pieces of ordnance, and, by landing in +<span class="pgnm"><a name="Page_179" id="Page_179">[Pg 179]</a></span> +different parts of the country, we keep them in continual +hot water.… Having heard that a thousand chosen +men belonging to the rebels, great part of whom were +riflemen, were on their march to attack us here, or to +cut off our provisions, I determined to take possession of +the pass at the Great Bridge, which secures us the +greatest part of two counties to supply us with provisions. +I accordingly ordered a stockade fort to be +erected there, which was done in a few days; and I put +an officer and twenty-five men to garrison it, with some +volunteers and negroes, who have defended it against all +the efforts of the rebels for these eight days. We have +killed several of their men; and I make no doubt we +shall now be able to maintain our ground there; but +should we be obliged to abandon it, we have thrown up +an intrenchment on the land side of Norfolk, which I +hope they will never be able to force. Here we are, +with only the small part of a regiment contending +against the extensive colony of Virginia.”<a name="FNanchor214" id="FNanchor214"></a><a href="#Footnote-214" class="fnanchor">[214]</a></p> +</div> + +<p>But who were these “thousand chosen men belonging +to the rebels,” who, on their march to +attack Lord Dunmore at Norfolk, had thus been +held in check by his little fort at the Great Bridge? +We are told by Dunmore himself that they were +Virginia troops. But why was not Patrick Henry +in immediate command of them? Why was Patrick +Henry held back from this service,—the only +active service then to be had in the field? And +why was the direction of this important enterprise +given to his subordinate, Colonel William Woodford, +of the second regiment? There is abundant +<span class="pgnm"><a name="Page_180" id="Page_180">[Pg 180]</a></span> +evidence that Patrick Henry had eagerly desired +to conduct this expedition; that he had even solicited +the Committee of Safety to permit him to do +so; but that they, distrusting his military capacity, +overruled his wishes, and gave this fine opportunity +for military distinction to the officer next +below him in command. Moreover, no sooner had +Colonel Woodford departed upon the service, than +he began to ignore altogether the commander-in-chief, +and to make his communications directly to +the Committee of Safety,—a course in which he +was virtually sustained by that body, on appeal +being made to them. Furthermore, on the 9th of +December, Colonel Woodford won a brilliant victory +over the enemy at the Great Bridge,<a name="FNanchor215" id="FNanchor215"></a><a href="#Footnote-215" class="fnanchor">[215]</a> thus +apparently justifying to the public the wisdom of +the committee in assigning the work to him, and +also throwing still more into the background the +commander-in-chief, who was then chafing in camp +over his enforced retirement from this duty. But +this was not the only cup of humiliation which +was pressed to his lips. Not long afterward, there +arrived at the seat of war a few hundred North +Carolina troops, under command of Colonel Robert +Howe; and the latter, with the full consent of +Woodford, at once took command of their united +forces, and thenceforward addressed his official +letters solely to the convention of Virginia, or to +the Committee of Safety, paying not the slightest +<span class="pgnm"><a name="Page_181" id="Page_181">[Pg 181]</a></span> +attention to the +commander-in-chief.<a name="FNanchor216" id="FNanchor216"></a><a href="#Footnote-216" class="fnanchor">[216]</a> +Finally, on +the 28th of December, Congress decided to raise +in Virginia six battalions to be taken into continental +pay;<a name="FNanchor217" id="FNanchor217"></a><a href="#Footnote-217" class="fnanchor">[217]</a> +and, by a subsequent vote, it likewise +resolved to include within these six battalions the +first and the second Virginia regiments already +raised.<a name="FNanchor218" id="FNanchor218"></a><a href="#Footnote-218" class="fnanchor">[218]</a> +A commission was accordingly sent to +Patrick Henry as colonel of the first Virginia +battalion,<a name="FNanchor219" id="FNanchor219"></a><a href="#Footnote-219" class="fnanchor">[219]</a>—an +official intimation that the expected +commission of a brigadier-general for Virginia +was to be given to some one else.</p> + +<p>On receiving this last affront, Patrick Henry +determined to lay down his military appointments, +which he did on the 28th of February, 1776, and +at once prepared to leave the camp. As soon as +this news got abroad among the troops, they all, +according to a contemporary +account,<a name="FNanchor220" id="FNanchor220"></a><a href="#Footnote-220" class="fnanchor">[220]</a> +“went into +mourning, and, under arms, waited on him at his +lodgings,” when his officers presented to him an +affectionate address:—</p> + +<div class="blockquot"> + +<p><span class="smcap">To Patrick Henry, Junior, Esquire:</span></p> + +<p>Deeply impressed with a grateful sense of the obligations +we lie under to you for the polite, humane, and +tender treatment manifested to us throughout the whole +of your conduct, while we have had the honor of being +under your command, permit us to offer to you our sincere +thanks, as the only tribute we have in our power to +pay to your real merits. Notwithstanding your withdrawing +<span class="pgnm"><a name="Page_182" id="Page_182">[Pg 182]</a></span> +yourself from service fills us with the most +poignant sorrow, as it at once deprives us of our father +and general, yet, as gentlemen, we are compelled to applaud +your spirited resentment to the most glaring indignity. +May your merit shine as conspicuous to the +world in general as it hath done to us, and may Heaven +shower its choicest blessings upon you.</p> + +<p><span class="smcap">Williamsburg</span>, February 29, 1776.</p> +</div> + +<p>His reply to this warm-hearted message was in +the following words:—</p> + +<div class="blockquot"> +<p><span class="smcap">Gentlemen</span>,—I am extremely obliged to you for +your approbation of my conduct. Your address does +me the highest honor. This kind testimony of your +regard to me would have been an ample reward for +services much greater than I have had the power to perform. +I return you, and each of you, gentlemen, my +best acknowledgments for the spirit, alacrity, and zeal +you have constantly shown in your several stations. I +am unhappy to part with you. I leave the service, but +I leave my heart with you. May God bless you, and +give you success and safety, and make you the glorious +instruments of saving our country.<a name="FNanchor221" id="FNanchor221"></a><a href="#Footnote-221" class="fnanchor">[221]</a></p> +</div> + +<p>The grief and indignation thus exhibited by the +officers who had served under Patrick Henry soon +showed itself in a somewhat violent manner among +the men. The “Virginia Gazette” for that time +states that, “after the officers had received Colonel +Henry’s kind answer to their address, they insisted +upon his dining with them at the Raleigh Tavern, +before his departure; and after the dinner, a number +<span class="pgnm"><a name="Page_183" id="Page_183">[Pg 183]</a></span> +of them proposed escorting him out of town, +but were prevented by some uneasiness getting +among the soldiery, who assembled in a tumultuous +manner and demanded their discharge, and declared +their unwillingness to serve under any other +commander. Upon which Colonel Henry found it +necessary to stay a night longer in town, which he +spent in visiting the several barracks; and used +every argument in his power with the soldiery to +lay aside their imprudent resolution, and to continue +in the service, which he had quitted from +motives in which his honor alone was concerned.”<a name="FNanchor222" id="FNanchor222"></a><a href="#Footnote-222" class="fnanchor">[222]</a> +Moreover, several days after he had left the camp +altogether and had returned to his home, he was +followed by an address signed by ninety officers +belonging not only to his own regiment, but to +that of Colonel Woodford,—a document which +has no little value as presenting strongly one side +of contemporary military opinion respecting Patrick +Henry’s career as a soldier, and the treatment +to which he had been subjected.</p> + +<div class="blockquot"> +<p><span class="smcap">Sir</span>,—Deeply concerned for the good of our country, +we sincerely lament the unhappy necessity of your +resignation, and with all the warmth of affection assure +you that, whatever may have given rise to the indignity +lately offered to you, we join with the general voice of +the people, and think it our duty to make this public +declaration of our high respect for your distinguished +merit. To your vigilance and judgment, as a senator, +this United Continent bears ample testimony, while she +<span class="pgnm"><a name="Page_184" id="Page_184">[Pg 184]</a></span> +prosecutes her steady opposition to those destructive +ministerial measures which your eloquence first pointed +out and taught to resent, and your resolution led forward +to resist. To your extensive popularity the service, +also, is greatly indebted for the expedition with +which the troops were raised; and while they were continued +under your command, the firmness, candor, and +politeness, which formed the complexion of your conduct +towards them, obtained the signal approbation of +the wise and virtuous, and will leave upon our minds +the most grateful impression.</p> + +<p>Although retired from the immediate concerns of +war, we solicit the continuance of your kindly attention. +We know your attachment to the best of causes; we +have the fullest confidence in your abilities, and in the +rectitude of your views; and, however willing the envious +may be to undermine an established reputation, we +trust the day will come when justice shall prevail, and +thereby secure you an honorable and happy return to +the glorious employment of conducting our councils and +hazarding your life in the defence of your country.<a name="FNanchor223" id="FNanchor223"></a><a href="#Footnote-223" class="fnanchor">[223]</a></p> +</div> + +<p>The public agitation over the alleged wrong +which had thus been done to Patrick Henry during +his brief military career, and which had brought +that career to its abrupt and painful close, seems +to have continued for a considerable time. Throughout +the colony the blame was openly and bluntly +laid upon the Committee of Safety, who, on account +of envy, it was said, had tried “to bury in +obscurity his martial talents.”<a name="FNanchor224" id="FNanchor224"></a><a href="#Footnote-224" class="fnanchor">[224]</a> On the other +hand, the course pursued by that committee was +<span class="pgnm"><a name="Page_185" id="Page_185">[Pg 185]</a></span> +ably defended by many, on the ground that Patrick +Henry, with all his great gifts for civil life, +really had no fitness for a leading military position. +One writer asserted that even in the convention +which had elected Patrick Henry as commander-in-chief, +it was objected that “his studies +had been directed to civil and not to military pursuits; +that he was totally unacquainted with the +art of war, and had no knowledge of military discipline; +and that such a person was very unfit to +be at the head of troops who were likely to be +engaged with a well-disciplined army, commanded +by experienced and able generals.”<a name="FNanchor225" id="FNanchor225"></a><a href="#Footnote-225" class="fnanchor">[225]</a> In the very +middle of the period of his nominal military service, +this opinion of his unfitness was still more +strongly urged by the chairman of the Committee +of Safety, who, on the 24th of December, 1775, +said in a letter to Colonel Woodford:—</p> + +<div class="blockquot"> +<p>“Believe me, sir, the unlucky step of calling that gentleman +from our councils, where he was useful, into the +field, in an important station, the duties of which he +must, in the nature of things, be an entire stranger to, +has given me many an anxious and uneasy moment. In +consequence of this mistaken step, which can’t now be +retracted or remedied,—for he has done nothing worthy +of degradation, and must keep his rank,—we must be +deprived of the service of some able officers, whose honor +and former ranks will not suffer them to act under him +in this juncture, when we so much need their services.”<a name="FNanchor226" id="FNanchor226"></a><a href="#Footnote-226" class="fnanchor">[226]</a></p> +</div> + +<p>This seems to have been, in substance, the impression +<span class="pgnm"><a name="Page_186" id="Page_186">[Pg 186]</a></span> +concerning Patrick Henry held at that time +by at least two friendly and most competent observers, +who were then looking on from a distance, +and who, of course, were beyond the range of any +personal or partisan prejudice upon the subject. +Writing from Cambridge, on the 7th of March, +1776, before he had received the news of Henry’s +resignation, Washington said to Joseph Reed, then +at Philadelphia: “I think my countrymen made +a capital mistake when they took Henry out of the +senate to place him in the field; and pity it is that +he does not see this, and remove every difficulty +by a voluntary resignation.”<a name="FNanchor227" id="FNanchor227"></a><a href="#Footnote-227" class="fnanchor">[227]</a> On the 15th of that +month, Reed, in reply, gave to Washington this +bit of news: “We have some accounts from Virginia +that Colonel Henry has resigned in disgust +at not being made a general officer; but it rather +gives satisfaction than otherwise, as his abilities +seem better calculated for the senate than the +field.”<a name="FNanchor228" id="FNanchor228"></a><a href="#Footnote-228" class="fnanchor">[228]</a></p> + +<p>Nevertheless, in all these contemporary judgments +upon the alleged military defects of Patrick +Henry, no reader can now fail to note an embarrassing +lack of definiteness, and a tendency to infer +that, because that great man was so great in civil +life, as a matter of course, he could not be great, +also, in military life,—a proposition that could +be overthrown by numberless historical examples +to the contrary. It would greatly aid us if we +<span class="pgnm"><a name="Page_187" id="Page_187">[Pg 187]</a></span> +could know precisely what, in actual experience, +were the defects found in Patrick Henry as a military +man, and precisely how these defects were +exhibited by him in the camp at Williamsburg. +In the writings of that period, no satisfaction upon +this point seems thus far to have been obtained. +There is, however, a piece of later testimony, +derived by authentic tradition from a prominent +member of the Virginia Committee of Safety, +which really helps one to understand what may +have been the exact difficulty with the military +character of Patrick Henry, and just why, also, +it could not be more plainly stated at the time. +Clement Carrington, a son of Paul Carrington, +told Hugh Blair Grigsby that the real ground of +the action of the Committee of Safety “was the +want of discipline in the regiment under the command +of Colonel Henry. None doubted his courage, +or his alacrity to hasten to the field; but it +was plain that he did not seem to be conscious of +the importance of strict discipline in the army, but +regarded his soldiers as so many gentlemen who +had met to defend their country, and exacted from +them little more than the courtesy that was proper +among equals. To have marched to the sea-board +at that time with a regiment of such men, would +have been to insure their destruction; and it was +a thorough conviction of this truth that prompted +the decision of the committee.”<a name="FNanchor229" id="FNanchor229"></a><a href="#Footnote-229" class="fnanchor">[229]</a></p> + +<p>Yet, even with this explanation, the truth remains +<span class="pgnm"><a name="Page_188" id="Page_188">[Pg 188]</a></span> +that Patrick Henry, as commander-in-chief +of the Virginia forces, never was permitted to take +command, or to see any real service in the field, +or to look upon the face of an armed enemy, or to +show, in the only way in which it could be shown, +whether or not he had the gifts of a military leader +in action. As an accomplished and noble-minded +Virginian of our own time has said:—</p> + +<div class="blockquot"><p>“It may be doubted whether he possessed those qualities +which make a wary partisan, and which are so often +possessed in an eminent degree by uneducated men. +Regular fighting there was none in the colony, until near +the close of the war.… The most skilful partisan in +the Virginia of that day, covered as it was with forests, +cut up by streams, and beset by predatory bands, would +have been the Indian warrior; and as a soldier approached +that model, would he have possessed the proper +tactics for the time. That Henry would not have made +a better Indian fighter than Jay, or Livingston, or the +Adamses, that he might not have made as dashing a +partisan as Tarleton or Simcoe, his friends might readily +afford to concede; but that he evinced, what neither +Jay, nor Livingston, nor the Adamses did evince, a determined +resolution to stake his reputation and his life +on the issue of arms, and that he resigned his commission +when the post of imminent danger was refused +him, exhibit a lucid proof that, whatever may have been +his ultimate fortune, he was not deficient in two grand +elements of military success,—personal enterprise, and +unquestioned courage.”<a name="FNanchor230" id="FNanchor230"></a><a href="#Footnote-230" class="fnanchor">[230]</a></p> +</div> + + +<div class="footnotes"> +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-195" id="Footnote-195"></a><a href="#FNanchor195"><span class="label">[195]</span></a> <i>Hist. Mag.</i> for Aug. 1867, 92.</p></div> + +<div class="footnote"><p><a name="Footnote-196" id="Footnote-196"></a><a href="#FNanchor196"><span class="label">[196]</span></a> 4 <i>Am. Arch.</i> iii. 375.</p></div> + +<div class="footnote"><p><a name="Footnote-197" id="Footnote-197"></a><a href="#FNanchor197"><span class="label">[197]</span></a> 4 <i>Am. Arch.</i> ii. 1902.</p></div> + +<div class="footnote"><p><a name="Footnote-198" id="Footnote-198"></a><a href="#FNanchor198"><span class="label">[198]</span></a> 4 <i>Am. Arch.</i> ii. 1834.</p></div> + +<div class="footnote"><p><a name="Footnote-199" id="Footnote-199"></a><a href="#FNanchor199"><span class="label">[199]</span></a> 4 <i>Am. Arch.</i> ii. 1849.</p></div> + +<div class="footnote"><p><a name="Footnote-200" id="Footnote-200"></a><a href="#FNanchor200"><span class="label">[200]</span></a> 4 <i>Am. Arch.</i> ii. 1850, 1851.</p></div> + +<div class="footnote"><p><a name="Footnote-201" id="Footnote-201"></a><a href="#FNanchor201"><span class="label">[201]</span></a> <i>Ibid.</i> ii. 1852.</p></div> + +<div class="footnote"><p><a name="Footnote-202" id="Footnote-202"></a><a href="#FNanchor202"><span class="label">[202]</span></a> <i>Ibid.</i> ii. 1878.</p></div> + +<div class="footnote"><p><a name="Footnote-203" id="Footnote-203"></a><a href="#FNanchor203"><span class="label">[203]</span></a> 4 <i>Am. Arch.</i> ii. 1879, 1883.</p></div> + +<div class="footnote"><p><a name="Footnote-204" id="Footnote-204"></a><a href="#FNanchor204"><span class="label">[204]</span></a> <i>Ibid.</i> ii. 1884, 1885.</p></div> + +<div class="footnote"><p><a name="Footnote-205" id="Footnote-205"></a><a href="#FNanchor205"><span class="label">[205]</span></a> 4 <i>Am. Arch.</i> ii. 1902.</p></div> + +<div class="footnote"><p><a name="Footnote-206" id="Footnote-206"></a><a href="#FNanchor206"><span class="label">[206]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-207" id="Footnote-207"></a><a href="#FNanchor207"><span class="label">[207]</span></a> 4 <i>Am. Arch.</i> iii. 377.</p></div> + +<div class="footnote"><p><a name="Footnote-208" id="Footnote-208"></a><a href="#FNanchor208"><span class="label">[208]</span></a> <i>Ibid.</i> iii. 377, 378.</p></div> + +<div class="footnote"><p><a name="Footnote-209" id="Footnote-209"></a><a href="#FNanchor209"><span class="label">[209]</span></a> <i>Ibid.</i> iii. 378.</p></div> + +<div class="footnote"><p><a name="Footnote-210" id="Footnote-210"></a><a href="#FNanchor210"><span class="label">[210]</span></a> 4 <i>Am. Arch.</i> iii. 393. See, also, his oath of office, <i>ibid.</i> iii. 411.</p></div> + +<div class="footnote"><p><a name="Footnote-211" id="Footnote-211"></a><a href="#FNanchor211"><span class="label">[211]</span></a> 4 <i>Am. Arch.</i> iii. 776.</p></div> + +<div class="footnote"><p><a name="Footnote-212" id="Footnote-212"></a><a href="#FNanchor212"><span class="label">[212]</span></a> Wirt, 159.</p></div> + +<div class="footnote"><p><a name="Footnote-213" id="Footnote-213"></a><a href="#FNanchor213"><span class="label">[213]</span></a> 4 <i>Am. Arch.</i> iii. 1067.</p></div> + +<div class="footnote"><p><a name="Footnote-214" id="Footnote-214"></a><a href="#FNanchor214"><span class="label">[214]</span></a> 4 <i>Am. Arch.</i> iii. 1713-1715.</p></div> + +<div class="footnote"><p><a name="Footnote-215" id="Footnote-215"></a><a href="#FNanchor215"><span class="label">[215]</span></a> Graphic contemporary accounts of this battle may be found in +4 <i>Am. Arch.</i> iv. 224, 228, 229.</p></div> + +<div class="footnote"><p><a name="Footnote-216" id="Footnote-216"></a><a href="#FNanchor216"><span class="label">[216]</span></a> Wirt, 178.</p></div> + +<div class="footnote"><p><a name="Footnote-217" id="Footnote-217"></a><a href="#FNanchor217"><span class="label">[217]</span></a> 4 <i>Am. Arch.</i> iii. 1962.</p></div> + +<div class="footnote"><p><a name="Footnote-218" id="Footnote-218"></a><a href="#FNanchor218"><span class="label">[218]</span></a> <i>Ibid.</i> iv. 1669.</p></div> + +<div class="footnote"><p><a name="Footnote-219" id="Footnote-219"></a><a href="#FNanchor219"><span class="label">[219]</span></a> <i>Ibid.</i> iv. 1517.</p></div> + +<div class="footnote"><p><a name="Footnote-220" id="Footnote-220"></a><a href="#FNanchor220"><span class="label">[220]</span></a> <i>Ibid.</i> iv. 1515, 1516.</p></div> + +<div class="footnote"><p><a name="Footnote-221" id="Footnote-221"></a><a href="#FNanchor221"><span class="label">[221]</span></a> 4 <i>Am. Arch.</i> iv. 1516; also, Wirt, 180, 181.</p></div> + +<div class="footnote"><p><a name="Footnote-222" id="Footnote-222"></a><a href="#FNanchor222"><span class="label">[222]</span></a> 4 <i>Am. Arch.</i> iv. 1516.</p></div> + +<div class="footnote"><p><a name="Footnote-223" id="Footnote-223"></a><a href="#FNanchor223"><span class="label">[223]</span></a> 4 <i>Am. Arch.</i> iv. 1516, 1517.</p></div> + +<div class="footnote"><p><a name="Footnote-224" id="Footnote-224"></a><a href="#FNanchor224"><span class="label">[224]</span></a> <i>Ibid.</i> iv. 1518.</p></div> + +<div class="footnote"><p><a name="Footnote-225" id="Footnote-225"></a><a href="#FNanchor225"><span class="label">[225]</span></a> 4 <i>Am. Arch.</i> iv. 1519.</p></div> + +<div class="footnote"><p><a name="Footnote-226" id="Footnote-226"></a><a href="#FNanchor226"><span class="label">[226]</span></a> Wirt, 175.</p></div> + +<div class="footnote"><p><a name="Footnote-227" id="Footnote-227"></a><a href="#FNanchor227"><span class="label">[227]</span></a> <i>Writings of Washington</i>, iii. 309.</p></div> + +<div class="footnote"><p><a name="Footnote-228" id="Footnote-228"></a><a href="#FNanchor228"><span class="label">[228]</span></a> W. B. Reed, <i>Life of Joseph Reed</i>, i. 173.</p></div> + +<div class="footnote"><p><a name="Footnote-229" id="Footnote-229"></a><a href="#FNanchor229"><span class="label">[229]</span></a> Grigsby, <i>Va. Conv. of 1776</i>, 52, 53, note.</p></div> + +<div class="footnote"><p><a name="Footnote-230" id="Footnote-230"></a><a href="#FNanchor230"><span class="label">[230]</span></a> Grigsby, <i>Va. Conv. of 1776</i>, 151, 152.</p></div> +</div> + + +<p><span class="pgnm"><a name="Page_189" id="Page_189">[Pg 189]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER XII <br /> +<span class="hsub">INDEPENDENCE</span></h2> + + +<p>Upon this mortifying close of a military career +which had opened with so much expectation and +even <i>éclat</i>, Patrick Henry returned, early in +March, 1776, to his home in the county of Hanover,—a +home on which then rested the shadow +of a great sorrow. In the midst of the public engagements +and excitements which absorbed him +during the previous year, his wife, Sarah, the wife +of his youth, the mother of his six children, had +passed away. His own subsequent release from +public labor, however bitter in its occasion, must +have brought to him a great solace in the few +weeks of repose which he then had under his own +roof, with the privilege of ministering to the happiness +of his motherless children, and of enjoying +once more their loving companionship and sympathy.</p> + +<p>But in such a crisis of his country’s fate, such +a man as Patrick Henry could not be permitted +long to remain in seclusion; and the promptness +and the heartiness with which he was now summoned +back into the service of the public as a +civilian, after the recent humiliations of his military +<span class="pgnm"><a name="Page_190" id="Page_190">[Pg 190]</a></span> +career, were accented, perhaps, on the part +of his neighbors, by something of the fervor of intended +compensation, if not of intended revenge. +For, in the mean time, the American colonies had +been swiftly advancing, along a path strewn with +corpses and wet with blood, towards the doctrine +that a total separation from the mother-country,—a +thing hitherto contemplated by them only as a +disaster and a crime,—might after all be neither, +but on the contrary, the only resource left to them +in their desperate struggle for political existence. +This supreme question, it was plain, was to confront +the very next Virginia convention, which +was under appointment to meet early in the coming +May. Almost at once, therefore, after his +return home, Patrick Henry was elected by his +native county to represent it in that convention.</p> + +<p>On Monday morning, the 6th of May, the convention +gathered at Williamsburg for its first +meeting. On its roll of members we see many of +those names which have become familiar to us in +the progress of this history,—the names of those +sturdy and well-trained leaders who guided Virginia +during all that stormy period,—Pendleton, Cary, +Mason, Nicholas, Bland, the Lees, Mann Page, +Dudley Digges, Wythe, Edmund Randolph, and +a few others. For the first time also, on such a +roll, we meet the name of James Madison, an +accomplished young political philosopher, then but +four years from the inspiring instruction of President +Witherspoon at Princeton. But while a few +<span class="pgnm"><a name="Page_191" id="Page_191">[Pg 191]</a></span> +very able men had places in that convention, it +was, at the time, by some observers thought to +contain an unusually large number of incompetent +persons. Three days after the opening of the session +Landon Carter wrote to Washington:—</p> + +<div class="blockquot"> +<p>“I could have wished that ambition had not so visibly +seized so much ignorance all over the colony, as it seems +to have done; for this present convention abounds with +too many of the inexperienced creatures to navigate our +bark on this dangerous coast; so that I fear the few skilful +pilots who have hitherto done tolerably well to keep her +clear from destruction, will not be able to conduct her +with common safety any longer.”<a name="FNanchor231" id="FNanchor231"></a><a href="#Footnote-231" class="fnanchor">[231]</a></p> +</div> + +<p>The earliest organization of the House was, on +the part of the friends of Patrick Henry, made +the occasion for a momentary flash of resentment +against Edmund Pendleton, as the man who was +believed by them to have been the guiding mind +of the Committee of Safety in its long series of +restraints upon the military activity of their chief. +At the opening of the convention Pendleton was +nominated for its president,—a most suitable +nomination, and one which under ordinary circumstances +would have been carried by acclamation. +Thomas Johnson, however, a stanch follower of +Patrick Henry, at once presented an opposing candidate; +and although Pendleton was elected, he +was not elected without a contest, or without this +significant hint that the fires of indignation against +<span class="pgnm"><a name="Page_192" id="Page_192">[Pg 192]</a></span> +him were still burning in the hearts of a strong +party in that house and throughout the colony.</p> + +<p>The convention lasted just two months lacking +a day; and in all the detail and drudgery of its +business, as the journal indicates, Patrick Henry +bore a very large part. In the course of the session, +he seems to have served on perhaps a majority +of all its committees. On the 6th of May, he +was made a member of the committee of privileges +and elections; on the 7th, of a committee “to +bring in an ordinance to encourage the making of +salt, saltpetre, and gunpowder;” on the 8th, of +the committee on “propositions and grievances;” +on the 21st, of a committee “to inquire for a +proper hospital for the reception and accommodation +of the sick and wounded soldiers;” on the +22d, of a committee to inquire into the truth of +a complaint made by the Indians respecting encroachments +on their lands; on the 23d, of a committee +to bring in an ordinance for augmenting +the ninth regiment, for enlisting four troops of +horse, and for raising men for the defence of the +frontier counties; on the 4th of June, of a committee +to inquire into the causes for the depreciation +of paper money in the colony, and into the +rates at which goods are sold at the public store; +on the 14th of June, of a committee to prepare an +address to be sent by Virginia to the Shawanese +Indians; on the 15th of June, of a committee to +bring in amendments to the ordinance for prescribing +a mode of punishment for the enemies of +<span class="pgnm"><a name="Page_193" id="Page_193">[Pg 193]</a></span> +America in this colony; and on the 22d of June, +of a committee to prepare an ordinance “for enabling +the present magistrates to continue the administration +of justice, and for settling the general +mode of proceedings in criminal and other cases.” +The journal also mentions his frequent activity in +the House in the presentation of reports from some +of these committees: for example, from the committee +on propositions and grievances, on the 16th +of May, on the 22d of May, and on the 15th of +June. On the latter occasion, he made to the +House three detailed reports on as many different +topics.<a name="FNanchor232" id="FNanchor232"></a><a href="#Footnote-232" class="fnanchor">[232]</a></p> + +<p>Of course, the question overshadowing all others +in that convention was the question of independence. +General Charles Lee, whose military duties +just then detained him at Williamsburg, and +who was intently watching the currents of political +thought in all the colonies, assured Washington, +in a letter written on the 10th of May, that “a +noble spirit” possessed the convention; and that +the members were “almost unanimous for independence,” +the only disagreement being “in their +sentiments about the mode.”<a name="FNanchor233" id="FNanchor233"></a><a href="#Footnote-233" class="fnanchor">[233]</a> That Patrick +Henry was in favor of independence hardly needs +to be mentioned; yet it does need to be mentioned +that he was among those who disagreed with some +of his associates “about the mode.” While he +was as eager and as resolute for independence as +<span class="pgnm"><a name="Page_194" id="Page_194">[Pg 194]</a></span> +any man, he doubted whether the time had then +fully come for declaring independence. He thought +that the declaration should be so timed as to secure, +beyond all doubt, two great conditions of success,—first, +the firm union of the colonies themselves, +and secondly, the friendship of foreign powers, +particularly of France and Spain. For these reasons, +he would have had independence delayed +until a confederation of the colonies could be established +by written articles, which, he probably +supposed, would take but a few weeks; and also +until American agents could have time to negotiate +with the French and Spanish courts.</p> + +<p>On the first day of the session, General Charles +Lee, who was hot for an immediate declaration of +independence, seems to have had a conversation +upon the subject with Patrick Henry, during which +the latter stated his reasons for some postponement +of the measure. This led General Lee, on the +following day, to write to Henry a letter which is +really remarkable, some passages from which will +help us the better to understand the public situation, +as well as Patrick Henry’s attitude towards +it:—</p> + +<div class="blockquot"> + +<p class="right1"><span class="smcap">Williamsburg</span>, May 7, 1776.</p> + +<p><span class="smcap">Dear Sir</span>,—If I had not the highest opinion of your +character and liberal way of thinking, I should not venture +to address myself to you. And if I were not equally +persuaded of the great weight and influence which the +transcendent abilities you possess must naturally confer, +I should not give myself the trouble of writing, nor you +<span class="pgnm"><a name="Page_195" id="Page_195">[Pg 195]</a></span> +the trouble of reading this long letter. Since our conversation +yesterday, my thoughts have been solely employed +on the great question, whether independence +ought or ought not to be immediately declared. Having +weighed the argument on both sides, I am clearly of the +opinion that we must, as we value the liberties of America, +or even her existence, without a moment’s delay +declare for independence.… The objection you made +yesterday, if I understood you rightly, to an immediate +declaration, was by many degrees the most specious, +indeed, it is the only tolerable, one that I have yet heard. +You say, and with great justice, that we ought previously +to have felt the pulse of France and Spain. I more than +believe, I am almost confident, that it has been done.… +But admitting that we are utter strangers to their sentiments +on the subject, and that we run some risk of this +declaration being coldly received by these powers, such +is our situation that the risk must be ventured.</p> + +<p>On one side there are the most probable chances of +our success, founded on the certain advantages which +must manifest themselves to French understandings by +a treaty of alliance with America.… The superior +commerce and marine force of England were evidently +established on the monopoly of her American trade. +The inferiority of France, in these two capital points, +consequently had its source in the same origin. Any +deduction from this monopoly must bring down her +rival in proportion to this deduction. The French are +and always have been sensible of these great truths.… +But allowing that there can be no certainty, but mere +chances, in our favor, I do insist upon it that these +chances render it our duty to adopt the measure, as, by +procrastination, our ruin is inevitable. Should it now +<span class="pgnm"><a name="Page_196" id="Page_196">[Pg 196]</a></span> +be determined to wait the result of a previous formal +negotiation with France, a whole year must pass over +our heads before we can be acquainted with the result. +In the mean time, we are to struggle through a campaign, +without arms, ammunition, or any one necessary +of war. Disgrace and defeat will infallibly ensue; the +soldiers and officers will become so disappointed that +they will abandon their colors, and probably never be +persuaded to make another effort.</p> + +<p>But there is another consideration still more cogent. +I can assure you that the spirit of the people cries out +for this declaration; the military, in particular, men +and officers, are outrageous on the subject; and a man +of your excellent discernment need not be told how +dangerous it would be, in our present circumstances, to +dally with the spirit, or disappoint the expectations, of +the bulk of the people. May not despair, anarchy, and +final submission be the bitter fruits? I am firmly persuaded +that they will; and, in this persuasion, I most +devoutly pray that you may not merely recommend, but +positively lay injunctions on, your servants in Congress +to embrace a measure so necessary to our salvation.</p> + +<p class="right"><span class="right3">Yours, most sincerely,</span><br /> + +<span class="right1"><span class="smcap">Charles Lee.</span><a name="FNanchor234" id="FNanchor234"></a><a href="#Footnote-234" class="fnanchor">[234]</a></span></p> +</div> + +<p>Just eight days after that letter was written, +the Virginia convention took what may, at first +glance, seem to be the precise action therein described +as necessary; and moreover, they did so +under the influence, in part, of Patrick Henry’s +<span class="pgnm"><a name="Page_197" id="Page_197">[Pg 197]</a></span> +powerful advocacy of it. On the 15th of May, +after considerable debate, one hundred and twelve +members being present, the convention unanimously +resolved,</p> + +<div class="blockquot"><p>“That the delegates appointed to represent this colony +in 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; +and that they give the assent of this colony to such +declaration, and to whatever measures may be thought +proper and necessary by the Congress for forming foreign +alliances and a confederation of the colonies, at such +time, and in the manner, as to them shall seem best: +provided, that the power of forming government for, +and the regulations of the internal concerns of, each +colony, be left to the respective colonial legislatures.”<a name="FNanchor235" id="FNanchor235"></a><a href="#Footnote-235" class="fnanchor">[235]</a></p></div> + +<p>On the testimony of Edmund Randolph, who +was a member of the convention, it is now known +that this momentous resolution “was drawn by +Pendleton, was offered in convention by Nelson, +and was advocated on the floor by Henry.”<a name="FNanchor236" id="FNanchor236"></a><a href="#Footnote-236" class="fnanchor">[236]</a> Any +one who will carefully study it, however, will discover +that this resolution was the result of a compromise; +and especially, that it is so framed as to +meet Patrick Henry’s views, at least to the extent +of avoiding the demand for an immediate declaration,<span class="pgnm"><a name="Page_198" id="Page_198">[Pg 198]</a></span> +and of leaving it to Congress to determine +the time and manner of making it. Accordingly, +in letters of his, written five days afterward to his +most intimate friends in Congress, we see that his +mind was still full of anxiety about the two great +prerequisites,—a certified union among the colonies, +and a friendly arrangement with France. +“Ere this reaches you,” he wrote to Richard +Henry Lee, “our resolution for separating from +Britain will be handed you by Colonel Nelson. +Your sentiments as to the necessary progress of +this great affair correspond with mine. For may +not France, ignorant of the great advantages to +her commerce we intend to offer, and of the +permanency of that separation which is to take +place, be allured by the partition you mention? +To anticipate, therefore, the efforts of the enemy +by sending instantly American ambassadors to +France, seems to me absolutely necessary. Delay +may bring on us total ruin. But is not a confederacy +of our States previously necessary?”<a name="FNanchor237" id="FNanchor237"></a><a href="#Footnote-237" class="fnanchor">[237]</a></p> + +<p>On the same day, he wrote, also, a letter to +John Adams, in which he developed still more +vigorously his views as to the true order in which +the three great measures,—confederation, foreign +alliances, and independence,—should be dealt +with:—</p> + +<div class="blockquot"> +<p>“Before this reaches you, the resolution for finally +separating from Britain will be handed to Congress by +<span class="pgnm"><a name="Page_199" id="Page_199">[Pg 199]</a></span> +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.”<a name="FNanchor238" id="FNanchor238"></a><a href="#Footnote-238" class="fnanchor">[238]</a></p> +</div> + +<p>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;<span class="pgnm"><a name="Page_200" id="Page_200">[Pg 200]</a></span> +and in the evening many of the inhabitants illuminated +their houses.”<a name="FNanchor239" id="FNanchor239"></a><a href="#Footnote-239" class="fnanchor">[239]</a> 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.”<a name="FNanchor240" id="FNanchor240"></a><a href="#Footnote-240" class="fnanchor">[240]</a></p> + +<p>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 +<span class="pgnm"><a name="Page_201" id="Page_201">[Pg 201]</a></span> +watched with extraordinary attention. John +Adams said, at the time, “We all look up to Virginia +for examples.”<a name="FNanchor241" id="FNanchor241"></a><a href="#Footnote-241" class="fnanchor">[241]</a> 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,<span class="pgnm"><a name="Page_202" id="Page_202">[Pg 202]</a></span> +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?</p> + +<p>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.<a name="FNanchor242" id="FNanchor242"></a><a href="#Footnote-242" class="fnanchor">[242]</a> +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.”<span class="pgnm"><a name="Page_203" id="Page_203">[Pg 203]</a></span> +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.<a name="FNanchor243" id="FNanchor243"></a><a href="#Footnote-243" class="fnanchor">[243]</a></p> + +<p>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.<a name="FNanchor244" id="FNanchor244"></a><a href="#Footnote-244" class="fnanchor">[244]</a> The explanation is probably +<span class="pgnm"><a name="Page_204" id="Page_204">[Pg 204]</a></span> +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:—</p> + +<div class="blockquot"> +<p>“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 +<span class="pgnm"><a name="Page_205" id="Page_205">[Pg 205]</a></span> +not at present. A confidential account of the matter to +Colonel Tom,<a name="FNanchor245" id="FNanchor245"></a><a href="#Footnote-245" class="fnanchor">[245]</a> 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.”<a name="FNanchor246" id="FNanchor246"></a><a href="#Footnote-246" class="fnanchor">[246]</a></p> +</div> + +<p>On the same day, he wrote as follows to John +Adams:—</p> + +<div class="blockquot"> +<p class="right1"><span class="smcap">Williamsburg</span>, May 20, 1776.</p> + +<p><span class="smcap">My dear Sir</span>,—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.…</p> + +<p>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 +<span class="pgnm"><a name="Page_206" id="Page_206">[Pg 206]</a></span> +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.</p> + +<p>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.</p> + +<p>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> + +<p class="right1 smcap">P. Henry, Jr.</p> + +<p>P. S. Will you and S. A. now and then write?<a name="FNanchor247" id="FNanchor247"></a><a href="#Footnote-247" class="fnanchor">[247]</a></p> +</div> + +<p>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, +<span class="pgnm"><a name="Page_207" id="Page_207">[Pg 207]</a></span> +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:—</p> + +<div class="blockquot"><p>“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.”<a name="FNanchor248" id="FNanchor248"></a><a href="#Footnote-248" class="fnanchor">[248]</a></p> +</div> + +<p>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 +<span class="pgnm"><a name="Page_208" id="Page_208">[Pg 208]</a></span> +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,<a name="FNanchor249" id="FNanchor249"></a><a href="#Footnote-249" class="fnanchor">[249]</a> 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.<a name="FNanchor250" id="FNanchor250"></a><a href="#Footnote-250" class="fnanchor">[250]</a> 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:—</p> + +<div class="blockquot"><p>“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,<span class="pgnm"><a name="Page_209" id="Page_209">[Pg 209]</a></span> +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.”<a name="FNanchor251" id="FNanchor251"></a><a href="#Footnote-251" class="fnanchor">[251]</a></p> +</div> + +<p>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 +<span class="pgnm"><a name="Page_210" id="Page_210">[Pg 210]</a></span> +of their ability promote the common cause” of +political freedom.<a name="FNanchor252" id="FNanchor252"></a><a href="#Footnote-252" class="fnanchor">[252]</a> 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.</p> + +<p>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 +<span class="pgnm"><a name="Page_211" id="Page_211">[Pg 211]</a></span> +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.<a name="FNanchor253" id="FNanchor253"></a><a href="#Footnote-253" class="fnanchor">[253]</a></p> + +<p>In accordance with the last provision of this +Constitution, the convention at once proceeded to +cast their ballots for governor, with the following +result:—</p> + + + +<div class="blockquot"> +<table border="0" cellpadding="0" cellspacing="0" summary=""> +<tr><td align="left">For Patrick Henry</td><td align="right">60</td></tr> +<tr><td align="left">For Thomas Nelson </td><td align="right">45</td></tr> +<tr><td align="left">For John Page</td><td align="right">1</td></tr> +</table></div> + + +<p>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.</p> + +<p>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:—<span class="pgnm"><a name="Page_212" id="Page_212">[Pg 212]</a></span></p> + +<div class="blockquot"> +<p class="center">TO THE HONORABLE THE PRESIDENT AND HOUSE OF +CONVENTION.</p> + +<p><span class="smcap">Gentlemen</span>,—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.</p> + +<p>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.</p> + +<p>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 +<span class="pgnm"><a name="Page_213" id="Page_213">[Pg 213]</a></span> +shall be atoned for, so far as I am able, by unwearied +endeavors to secure the freedom and happiness of our +common country.</p> + +<p>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.</p> + +<p>I have the honor to be, gentlemen, your most obedient +and very humble servant,</p> + +<p class="right1 smcap">P. Henry, Jr.</p> + +<p><span class="smcap">Williamsburg</span>, June 29, 1776.<a name="FNanchor254" id="FNanchor254"></a><a href="#Footnote-254" class="fnanchor">[254]</a></p> +</div> + + +<div class="footnotes"> +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-231" id="Footnote-231"></a><a href="#FNanchor231"><span class="label">[231]</span></a> 4 <i>Am. Arch.</i> vi. 390.</p></div> + +<div class="footnote"><p><a name="Footnote-232" id="Footnote-232"></a><a href="#FNanchor232"><span class="label">[232]</span></a> The journal of this convention is in 4 <i>Am. Arch.</i> vi. 1509-1616.</p></div> + +<div class="footnote"><p><a name="Footnote-233" id="Footnote-233"></a><a href="#FNanchor233"><span class="label">[233]</span></a> 4 <i>Am. Arch.</i> vi. 406.</p></div> + +<div class="footnote"><p><a name="Footnote-234" id="Footnote-234"></a><a href="#FNanchor234"><span class="label">[234]</span></a> 5 <i>Am. Arch.</i> i. 95-97. Campbell, in his <i>History of Virginia</i>, +645, 646, commits a rather absurd error in attributing this letter +to Thomas Nelson, Jr.</p></div> + +<div class="footnote"><p><a name="Footnote-235" id="Footnote-235"></a><a href="#FNanchor235"><span class="label">[235]</span></a> 4 <i>Am. Arch.</i> vi. 1524.</p></div> + +<div class="footnote"><p><a name="Footnote-236" id="Footnote-236"></a><a href="#FNanchor236"><span class="label">[236]</span></a> Randolph’s address at the funeral of Pendleton, in <i>Va. Gazette</i> +for 2 Nov. 1803, and cited by Grigsby, <i>Va. Conv. of 1776</i>, 203, +204.</p></div> + +<div class="footnote"><p><a name="Footnote-237" id="Footnote-237"></a><a href="#FNanchor237"><span class="label">[237]</span></a> <i>S. Lit. Messenger</i> for 1842; thence given in Campbell, <i>Hist. +Va.</i> 647, 648.</p></div> + +<div class="footnote"><p><a name="Footnote-238" id="Footnote-238"></a><a href="#FNanchor238"><span class="label">[238]</span></a> <i>Works of John Adams</i>, iv. 201.</p></div> + +<div class="footnote"><p><a name="Footnote-239" id="Footnote-239"></a><a href="#FNanchor239"><span class="label">[239]</span></a> 4 <i>Am. Arch.</i> vi. 462.</p></div> + +<div class="footnote"><p><a name="Footnote-240" id="Footnote-240"></a><a href="#FNanchor240"><span class="label">[240]</span></a> 4 <i>Am. Arch.</i> vi. 1524.</p></div> + +<div class="footnote"><p><a name="Footnote-241" id="Footnote-241"></a><a href="#FNanchor241"><span class="label">[241]</span></a> <i>Works of John Adams</i>, ix. 387.</p></div> + +<div class="footnote"><p><a name="Footnote-242" id="Footnote-242"></a><a href="#FNanchor242"><span class="label">[242]</span></a> John Adams’s pamphlet is given in his <i>Works</i>, iv. 189-200.</p></div> + +<div class="footnote"><p><a name="Footnote-243" id="Footnote-243"></a><a href="#FNanchor243"><span class="label">[243]</span></a> The pamphlet is given in 4 <i>Am. Arch.</i> vi. 748-754.</p></div> + +<div class="footnote"><p><a name="Footnote-244" id="Footnote-244"></a><a href="#FNanchor244"><span class="label">[244]</span></a> See the unfavorable comment of Rives, <i>Life and Times of +Madison</i>, i. 147, 148.</p></div> + +<div class="footnote"><p><a name="Footnote-245" id="Footnote-245"></a><a href="#FNanchor245"><span class="label">[245]</span></a> Probably Thomas Ludwell Lee.</p></div> + +<div class="footnote"><p><a name="Footnote-246" id="Footnote-246"></a><a href="#FNanchor246"><span class="label">[246]</span></a> <i>S. Lit. Messenger</i> for 1842. Reprinted in Campbell, <i>Hist. Va.</i> +647.</p></div> + +<div class="footnote"><p><a name="Footnote-247" id="Footnote-247"></a><a href="#FNanchor247"><span class="label">[247]</span></a> <i>Works of John Adams</i>, iv. 201, 202.</p></div> + +<div class="footnote"><p><a name="Footnote-248" id="Footnote-248"></a><a href="#FNanchor248"><span class="label">[248]</span></a> <i>Works of John Adams</i>, ix. 386-388.</p></div> + +<div class="footnote"><p><a name="Footnote-249" id="Footnote-249"></a><a href="#FNanchor249"><span class="label">[249]</span></a> Kate Mason Rowland, <i>Life of Mason</i>, i. 228-241.</p></div> + +<div class="footnote"><p><a name="Footnote-250" id="Footnote-250"></a><a href="#FNanchor250"><span class="label">[250]</span></a> Edmund Randolph, MS. <i>Hist. Va.</i> See, also, W. W. Henry, +<i>Life of P. Henry</i>, i. 422-436.</p></div> + +<div class="footnote"><p><a name="Footnote-251" id="Footnote-251"></a><a href="#FNanchor251"><span class="label">[251]</span></a> Edmund Randolph, MS. <i>Hist. Va.</i> See, also, W. W. Henry, +<i>Life of P. Henry</i>, i. 422-436.</p></div> + +<div class="footnote"><p><a name="Footnote-252" id="Footnote-252"></a><a href="#FNanchor252"><span class="label">[252]</span></a> 4 <i>Am. Arch.</i> vi. 1582.</p></div> + +<div class="footnote"><p><a name="Footnote-253" id="Footnote-253"></a><a href="#FNanchor253"><span class="label">[253]</span></a> <i>Am. Arch.</i> vi. 1598-1601, note.</p></div> + +<div class="footnote"><p><a name="Footnote-254" id="Footnote-254"></a><a href="#FNanchor254"><span class="label">[254]</span></a> 4 <i>Am. Arch.</i> vi. 1129, 1130.</p></div> + +</div> + + +<p><span class="pgnm"><a name="Page_214" id="Page_214">[Pg 214]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER XIII <br /> +<span class="hsub">FIRST GOVERNOR OF THE STATE OF VIRGINIA</span></h2> + + +<p>On Friday, the 5th of July, 1776, Patrick +Henry took the oath of office,<a name="FNanchor255" id="FNanchor255"></a><a href="#Footnote-255" class="fnanchor">[255]</a> 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.</p> + +<p>Among the first to bring their congratulations +to the new governor, were his devoted friends, the +first and second regiments of Virginia, who told +<span class="pgnm"><a name="Page_215" id="Page_215">[Pg 215]</a></span> +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.”<a name="FNanchor256" id="FNanchor256"></a><a href="#Footnote-256" class="fnanchor">[256]</a> 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:—</p> + +<div class="blockquot"> +<p>“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 +<span class="pgnm"><a name="Page_216" id="Page_216">[Pg 216]</a></span> +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.”<a name="FNanchor257" id="FNanchor257"></a><a href="#Footnote-257" class="fnanchor">[257]</a></p> +</div> + +<p>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:—</p> + +<div class="blockquot"> +<p><span class="smcap">May it please your Excellency</span>,—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.<span class="pgnm"><a name="Page_217" id="Page_217">[Pg 217]</a></span></p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p class="sigtwo">Signed by order:<br /> +<span class="smcap">Jeremiah Walker</span>, <i>Moderator</i>.<br /> +<span class="smcap">John Williams</span>, <i>Clerk</i>.</p> +</div> + +<p>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:—</p> + +<div class="blockquot"> +<p class="center">TO THE MINISTERS AND DELEGATES OF THE BAPTIST +CHURCHES, AND THE MEMBERS OF THAT COMMUNION.</p> + +<p><span class="smcap">Gentlemen</span>,—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.<span class="pgnm"><a name="Page_218" id="Page_218">[Pg 218]</a></span></p> + +<p>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.</p> + +<p>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.</p> + +<p>I am, gentlemen, your most obedient and very humble +servant,</p> + +<p class="right1"><span class="smcap">P. Henry, Jun.</span><a name="FNanchor258" id="FNanchor258"></a><a href="#Footnote-258" class="fnanchor">[258]</a></p> + +<p>August 13, 1776.</p></div> + +<p>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 +<span class="pgnm"><a name="Page_219" id="Page_219">[Pg 219]</a></span> +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;<a name="FNanchor259" id="FNanchor259"></a><a href="#Footnote-259" class="fnanchor">[259]</a> and upon +his recovery he removed with his family to Williamsburg, +which continued to be their home for +the next three years.</p> + +<p>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.”<a name="FNanchor260" id="FNanchor260"></a><a href="#Footnote-260" class="fnanchor">[260]</a> At any rate, by the testimony +of all, he seems to have displayed his usual +judgment and skill in adapting himself to the requirements +<span class="pgnm"><a name="Page_220" id="Page_220">[Pg 220]</a></span> +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.</p> + +<p>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.”<a name="FNanchor261" id="FNanchor261"></a><a href="#Footnote-261" class="fnanchor">[261]</a> 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,<a name="FNanchor262" id="FNanchor262"></a><a href="#Footnote-262" class="fnanchor">[262]</a> he +was able to resume his official duties.</p> + +<p>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:<span class="pgnm"><a name="Page_221" id="Page_221">[Pg 221]</a></span> +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.”<a name="FNanchor263" id="FNanchor263"></a><a href="#Footnote-263" class="fnanchor">[263]</a> Indeed, Virginia +was just then exposed to hostile attacks on +all sides;<a name="FNanchor264" id="FNanchor264"></a><a href="#Footnote-264" class="fnanchor">[264]</a> 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 +<span class="pgnm"><a name="Page_222" id="Page_222">[Pg 222]</a></span> +were removed to Richmond, as being, on every +account, a “more secure site.”<a name="FNanchor265" id="FNanchor265"></a><a href="#Footnote-265" class="fnanchor">[265]</a> 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.</p> + +<div class="blockquot"><p>“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 +<span class="pgnm"><a name="Page_223" id="Page_223">[Pg 223]</a></span> +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.<a name="FNanchor266" id="FNanchor266"></a><a href="#Footnote-266" class="fnanchor">[266]</a> … Immediately then, … a +bill is brought in to remove the seat of government,—some +say, up to Hanover, to be called Henry-Town.”<a name="FNanchor267" id="FNanchor267"></a><a href="#Footnote-267" class="fnanchor">[267]</a></p></div> + +<p>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.<a name="FNanchor268" id="FNanchor268"></a><a href="#Footnote-268" class="fnanchor">[268]</a> The essential portions of his statement are +as follows:—<span class="pgnm"><a name="Page_224" id="Page_224">[Pg 224]</a></span></p> + +<div class="blockquot"><p>“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.”<a name="FNanchor269" id="FNanchor269"></a><a href="#Footnote-269" class="fnanchor">[269]</a></p></div> + +<p>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 +<span class="pgnm"><a name="Page_225" id="Page_225">[Pg 225]</a></span> +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,”<a name="FNanchor270" id="FNanchor270"></a><a href="#Footnote-270" class="fnanchor">[270]</a> and +who wrote the continuation of Burk’s “History of +Virginia” under Jefferson’s very eye,<a name="FNanchor271" id="FNanchor271"></a><a href="#Footnote-271" class="fnanchor">[271]</a> 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.”<a name="FNanchor272" id="FNanchor272"></a><a href="#Footnote-272" class="fnanchor">[272]</a></p> + +<p>Finally, in 1817, William Wirt, whose “Life +of Henry” was likewise composed under nearly +the same inestimable advantages as regards instruction +<span class="pgnm"><a name="Page_226" id="Page_226">[Pg 226]</a></span> +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.</p> + +<div class="blockquot"><p>“Even the heroism of the Virginia legislature,” says +Wirt, “gave way; and, in a season of despair, the mad +project of a dictator was seriously meditated. That Mr. +Henry was thought of for this office, has been alleged, +and is highly probable; but that the project was suggested +by him, or even received his countenance, I have +met with no one who will venture to affirm. There is a +tradition that Colonel Archibald Cary, the speaker of the +Senate, was principally instrumental in crushing this project; +that meeting Colonel Syme, the step-brother of +Colonel Henry, in the lobby of the House, he accosted +him very fiercely in terms like these: ‘I am told that +your brother wishes to be dictator. Tell him from me, +that the day of his appointment shall be the day of his +death;—for he shall feel my dagger in his heart before +the sunset of that day.’ And the tradition adds that +Colonel Syme, in great agitation, declared that ‘if such +a project existed, his brother had no hand in it; for that +nothing could be more foreign to him, than to countenance +any office which could endanger, in the most distant +manner, the liberties of his country.’ The intrepidity +and violence of Colonel Cary’s character renders +the tradition probable; but it furnishes no proof of Mr. +Henry’s implication in the scheme.”<a name="FNanchor273" id="FNanchor273"></a><a href="#Footnote-273" class="fnanchor">[273]</a></p></div> + +<p><span class="pgnm"><a name="Page_227" id="Page_227">[Pg 227]</a></span> +A disinterested study of this subject, in the +light of all the evidence now attainable, will be +likely to convince any one that this enormous scandal +must have been very largely a result of the +extreme looseness at that time prevailing in the +use of the word “dictator,” and of its being employed, +on the one side, in an innocent sense, and, +on the other side, in a guilty one. In strict propriety, +of course, the word designates a magistrate +created in an emergency of public peril, and clothed +for a time with unlimited power. It is an extreme +remedy, and in itself a remedy extremely dangerous, +and can never be innocently resorted to except +when the necessity for it is indubitable; and it +may well be questioned whether, among people +and institutions like our own, a necessity can ever +arise which would justify the temporary grant of +unlimited power to any man. If this be true, it +follows that no man among us can, without dire +political guilt, ever consent to bestow such power; +and that no man can, without the same guilt, ever +consent to receive it.</p> + +<p>Yet it is plain that even among us, between the +years 1776 and 1783, emergencies of terrific public +peril did arise, sufficient to justify, nay, even to +compel, the bestowment either upon the governor +of some State, or upon the general of the armies, +not of unlimited power, certainly, but of extraordinary +power,—such extraordinary power, for +example, as was actually conferred by the Continental +Congress, more than once, on Washington;<span class="pgnm"><a name="Page_228" id="Page_228">[Pg 228]</a></span> +as was conferred by the legislature of South Carolina +on Governor John Rutledge; as was repeatedly +conferred by the legislature of Virginia upon Governor +Patrick Henry; and afterward, in still higher +degree, by the same legislature, on Governor +Thomas Jefferson himself. Nevertheless, so loose +was the meaning then attached to the word “dictator,” +that it was not uncommon for men to speak +of these very cases as examples of the bestowment +of a dictatorship, and of the exercise of dictatorial +power; although, in every one of the cases mentioned, +there was lacking the essential feature of +a true dictatorship, namely, the grant of unlimited +power to one man. It is perfectly obvious, likewise, +that when, in those days, men spoke thus of +a dictatorship, and of dictatorial power, they attached +no suggestion of political guilt either to the +persons who bestowed such power, or to the persons +who severally accepted it,—the tacit understanding +being that, in every instance, the public +danger required and justified some grant of extraordinary +power; that no more power was granted +than was necessary; and that the man to whom, +in any case, the grant was made, was a man to +whom, there was good reason to believe, the grant +could be made with safety. Obviously, it was +upon this tacit understanding of its meaning that +the word was used, for instance, by Edmund Randolph, +in 1788, in the Virginia Constitutional +Convention, when, alluding to the extraordinary +power bestowed by Congress on Washington, he +<span class="pgnm"><a name="Page_229" id="Page_229">[Pg 229]</a></span> +said: “We had an American dictator in 1781.” +Surely, Randolph did not mean to impute political +crime, either to the Congress which made Washington +a dictator, or to Washington himself who +consented to be made one. It was upon the same +tacit understanding, also, that Patrick Henry, in +reply to Randolph, took up the word, and extolled +the grant of dictatorial power to Washington on +the occasion referred to: “In making a dictator,” +said Henry, “we followed the example of the most +glorious, magnanimous, and skilful nations. In +great dangers, this power has been given. Rome +has furnished us with an illustrious example. +America found a person for that trust: she looked +to Virginia for him. We gave a dictatorial power +to hands that used it gloriously, and which were +rendered more glorious by surrendering it up.”<a name="FNanchor274" id="FNanchor274"></a><a href="#Footnote-274" class="fnanchor">[274]</a></p> + +<p>Thus it is apparent that the word “dictator” was +frequently used in those times in a sense perfectly +innocent. As all men know, however, the word +is one capable of suggesting the possibilities of +dreadful political crime; and it is not hard to see +how, when employed by one person to describe +the bestowment and acceptance of extraordinary +power,—implying a perfectly innocent proposition, +it could be easily taken by another person as +describing the bestowment and acceptance of unlimited +power,—implying a proposition which +among us, probably, would always be a criminal +one.<span class="pgnm"><a name="Page_230" id="Page_230">[Pg 230]</a></span></p> + +<p>With the help which this discussion may give +us, let us now return to the General Assembly of +Virginia, at Williamsburg, approaching the close +of its first session, in the latter part of December, +1776. It was on the point of adjourning, not to +meet again until the latter part of March, 1777. +At that moment, by the arrival of most alarming +news from the seat of war, it was forced to make +special provision for the public safety during the +interval which must elapse before its next session. +Its journal indicates that, prior to the 20th of +December, it had been proceeding with its business +in a quiet way, under no apparent consciousness +of imminent peril. On that day, however, there +are traces of a panic; for, on that day, “The Virginia +Gazette” announced to them the appalling +news of “the crossing of the Delaware by the British +forces, from twelve to fifteen thousand strong; +the position of General Washington, at Bristol, on +the south side of the river, with only six thousand +men;” and the virtual flight of Congress from +Philadelphia.<a name="FNanchor275" id="FNanchor275"></a><a href="#Footnote-275" class="fnanchor">[275]</a> At this rate, how long would it +be before the Continental army would be dispersed +or captured, and the troops of the enemy sweeping +in vengeance across the borders of Virginia? Accordingly, +the House of Delegates immediately +resolved itself into “a committee to take into their +consideration the state of America;” but not being +able to reach any decision that day, it voted to +resume the subject on the day following, and for +<span class="pgnm"><a name="Page_231" id="Page_231">[Pg 231]</a></span> +that purpose to meet an hour earlier than usual. +So, on Saturday, the 21st of December, the House +passed a series of resolutions intended to provide +for the crisis into which the country was plunged, +and, among the other resolutions, this:—</p> + +<div class="blockquot"><p>“And whereas the present imminent danger of America, +and the ruin and misery which threatens the good +people of this Commonwealth, and their posterity, calls +for the utmost exertion of our strength, and it is become +necessary for the preservation of the State that the usual +forms of government be suspended during a limited time, +for the more speedy execution of the most vigorous and +effectual measures to repel the invasion of the enemy;</p> + +<p>“<i>Resolved, therefore</i>, That the governor be, and he is +hereby fully authorized and empowered, by and with +the advice and consent of the privy council, from henceforward, +until ten days next after the first meeting of +the General Assembly, to carry into execution such requisitions +as may be made to this Commonwealth by the +American Congress for the purpose of encountering or +repelling the enemy; to order the three battalions on the +pay of this Commonwealth to march, if necessary, to join +the Continental army, or to the assistance of any of our +sister States; to call forth any and such greater military +force as they shall judge requisite, either by embodying +and arraying companies or regiments of volunteers, or +by raising additional battalions, appointing and commissioning +the proper officers, and to direct their operations +within this Commonwealth, under the command of +the Continental generals or other officers according to +their respective ranks, or order them to march to join +and act in concert with the Continental army, or the +<span class="pgnm"><a name="Page_232" id="Page_232">[Pg 232]</a></span> +troops of any of the American States; and to provide +for their pay, supply of provisions, arms, and other +necessaries, at the charge of this Commonwealth, by +drawing on the treasurer for the money which may be +necessary from time to time; and the said treasurer is +authorized to pay such warrants out of any public +money which may be in his hands, and the General Assembly +will, at their next session, make ample provision +for any deficiency which may happen. But that this +departure from the constitution of government, being +in this instance founded only on the most evident and +urgent necessity, ought not hereafter to be drawn into +precedent.”</p></div> + +<p>These resolutions, having been pressed rapidly +through the forms of the House, were at once +carried up to the Senate for its concurrence. The +answer of the Senate was promptly returned, agreeing +to all the resolutions of the lower House, but +proposing an important amendment in the phraseology +of the particular resolution which we have +just quoted. Instead of this clause—“the usual +forms of government should be suspended,” it suggested +the far more accurate and far more prudent +expression which here follows,—“additional powers +be given to the governor and council.” This +amendment was assented to by the House; and +almost immediately thereafter it adjourned until +the last Thursday in March, 1777, “then to meet +in the city of Williamsburg, or at such other place +as the governor and council, for good reasons, may +appoint.”<a name="FNanchor276" id="FNanchor276"></a><a href="#Footnote-276" class="fnanchor">[276]</a></p> + +<p><span class="pgnm"><a name="Page_233" id="Page_233">[Pg 233]</a></span> +Such, undoubtedly, was the occasion on which, +if at any time during that session, the project for +a dictatorship in Virginia was under consideration +by the House of Delegates. The only evidence +for the reality of such a project is derived from +the testimony of Jefferson; and Jefferson, though +a member of the House, was not then in attendance, +having procured, on the 29th of the previous +month, permission to be absent during the +remainder of the session.<a name="FNanchor277" id="FNanchor277"></a><a href="#Footnote-277" class="fnanchor">[277]</a> Is it not probable that +the whole terrible plot, as it afterward lay in the +mind of Jefferson, may have originated in reports +which reached him elsewhere, to the effect that, in +the excitement of the House over the public danger +and over the need of energetic measures against +that danger, some members had demanded that +the governor should be invested with what they +perhaps called dictatorial power, meaning thereby +no more than extraordinary power; and that all +the criminal accretions to that meaning, which +Jefferson attributed to the project, were simply +the work of his own imagination, always sensitive +and quick to take alarm on behalf of human liberty, +and, on such a subject as this, easily set on +fire by examples of awful political crime which +would occur to him from Roman history? This +suggestion, moreover, is not out of harmony with +one which has been made by a thorough and most +candid student of the subject, who says: “I am +very much inclined to think that some sneering +<span class="pgnm"><a name="Page_234" id="Page_234">[Pg 234]</a></span> +remark of Colonel Cary, on that occasion, has +given rise to the whole story about a proposed +dictator at that time.”<a name="FNanchor278" id="FNanchor278"></a><a href="#Footnote-278" class="fnanchor">[278]</a></p> + +<p>At any rate, this must not be forgotten: if the +project of a dictatorship, in the execrable sense +affirmed by Jefferson, was, during that session, +advocated by any man or by any cabal in the Assembly, +history must absolve Patrick Henry of all +knowledge of it, and of all responsibility for it. +Not only has no tittle of evidence been produced, +involving his connivance at such a scheme, but the +Assembly itself, a few months later, unwittingly +furnished to posterity the most conclusive proof +that no man in that body could have believed him +to be smirched with even the suggestion of so horrid +a crime. Had Patrick Henry been suspected, +during the autumn and early winter of 1776, of +any participation in the foul plot to create a despotism +in Virginia, is it to be conceived that, at its +very next session, in the spring of 1777, that Assembly, +composed of nearly the same members as +before, would have reëlected to the governorship +so profligate and dangerous a man, and that too +without any visible opposition in either House? +Yet that is precisely what the Virginia Assembly +did in May, 1777. Moreover, one year later, this +same Assembly reëlected this same profligate and +dangerous politician for his third and last permissible +year in the governorship, and it did so with +the same unbroken unanimity. Moreover, during +<span class="pgnm"><a name="Page_235" id="Page_235">[Pg 235]</a></span> +all that time, Thomas Jefferson was a member, +and a most conspicuous and influential member, +of the Virginia Assembly. If, indeed, he then +believed that his old friend, Patrick Henry, had +stood ready in 1776, to commit “treason against +the people” of America, and “treason against +mankind in general,” why did he permit the traitor +to be twice reëlected to the chief magistracy, without +the record of even one brave effort against him +on either occasion?</p> + +<p>On the 26th of December, 1776, in accordance +with the special authority thus conferred upon him +by the General Assembly, Governor Henry issued a +vigorous proclamation, declaring that the “critical +situation of American affairs” called for “the +utmost exertion of every sister State to put a +speedy end to the cruel ravages of a haughty and +inveterate enemy, and secure our invaluable rights,” +and “earnestly exhorting and requiring” all the +good people of Virginia to assist in the formation +of volunteer companies for such service as might +be required.<a name="FNanchor279" id="FNanchor279"></a><a href="#Footnote-279" class="fnanchor">[279]</a> The date of that proclamation was +also the date of Washington’s famous matutinal +surprise of the Hessians at Trenton,—a bit of +much-needed good luck, which was followed by +his fortunate engagement with the enemy near +Princeton, on the 3d of January, 1777. On these +and a very few other extremely small crumbs of +comfort, the struggling revolutionists had to nourish +their burdened hearts for many a month thereafter;<span class="pgnm"><a name="Page_236" id="Page_236">[Pg 236]</a></span> +Washington himself, during all that time, +with his little army of tattered and barefoot warriors, +majestically predominating over the scene +from the heights of Morristown; while the good-humored +British commander, Sir William Howe, +considerately abstained from any serious military +disturbance until the middle of the following summer. +Thus the chief duty of the governor of Virginia, +during the winter and spring of 1777, as it +had been in the previous autumn, was that of trying +to keep in the field Virginia’s quota of troops, +and of trying to furnish Virginia’s share of military +supplies,—no easy task, it should seem, in +those times of poverty, confusion, and patriotic +languor. The official correspondence of the governor +indicates the unslumbering anxiety, the energy, +the fertility of device with which, in spite +of defective health, he devoted himself to these +hard tasks.<a name="FNanchor280" id="FNanchor280"></a><a href="#Footnote-280" class="fnanchor">[280]</a></p> + +<p>In his great desire for exact information as to +the real situation at headquarters, Governor Henry +had sent to Washington a secret messenger by +the name of Walker, who was to make his observations +at Morristown and to report the results to +himself. Washington at once perceived the embarrassments +to which such a plan might lead; +and accordingly, on the 24th of February, 1777,<span class="pgnm"><a name="Page_237" id="Page_237">[Pg 237]</a></span> +he wrote to the governor, gently explaining why +he could not receive Mr. Walker as a mere visiting +observer:—</p> + +<div class="blockquot"><p>“To avoid the precedent, therefore, and from your +character of Mr. Walker, and the high opinion I myself +entertain of his abilities, honor, and prudence, I have +taken him into my family as an extra aide-de-camp, and +shall be happy if, in this character, he can answer your +expectations. I sincerely thank you, sir, for your kind +congratulations on the late success of the Continental +arms (would to God it may continue), and for your polite +mention of me. Let me earnestly entreat that the +troops raised in Virginia for this army be forwarded on +by companies, or otherwise, without delay, and as well +equipped as possible for the field, or we shall be in no +condition to open the campaign.”<a name="FNanchor281" id="FNanchor281"></a><a href="#Footnote-281" class="fnanchor">[281]</a></p></div> + +<p>On the 29th of the following month, the governor +wrote to Washington of the overwhelming +difficulty attending all his efforts to comply with +the request mentioned in the letter just cited:—</p> + +<div class="blockquot"><p>“I am very sorry to inform you that the recruiting +business of late goes on so badly, that there remains but +little prospect of filling the six new battalions from this +State, voted by the Assembly. The Board of Council +see this with great concern, and, after much reflection +on the subject, are of opinion that the deficiency in our +regulars can no way be supplied so properly as by enlisting +volunteers. There is reason to believe a considerable +number of these may be got to serve six or eight +months.… I believe you can receive no assistance by +<span class="pgnm"><a name="Page_238" id="Page_238">[Pg 238]</a></span> +drafts from the militia. From the battalions of the +Commonwealth none can be drawn as yet, because they +are not half full.… Virginia will find some apology +with you for this deficiency in her quota of regulars, +when the difficulties lately thrown in our way are considered. +The Georgians and Carolinians have enlisted +[in Virginia] probably two battalions at least. A regiment +of artillery is in great forwardness. Besides these, +Colonels Baylor and Grayson are collecting regiments; +and three others are forming for this State. Add to all +this our Indian wars and marine service, almost total +want of necessaries, the false accounts of deserters,—many +of whom lurk here,—the terrors of the smallpox +and the many deaths occasioned by it, and the deficient +enlistments are accounted for in the best manner I +can. As no time can be spared, I wish to be honored +with your answer as soon as possible, in order to promote +the volunteer scheme, if it meets your approbation. +I should be glad of any improvements on it that may +occur to you. I believe about four of the six battalions +may be enlisted, but have seen no regular [return] of +their state. Their scattered situation, and being many +of them in broken quotas, is a reason for their slow +movement. I have issued repeated orders for their +march long since.”<a name="FNanchor282" id="FNanchor282"></a><a href="#Footnote-282" class="fnanchor">[282]</a></p></div> + +<p>The General Assembly of Virginia, at its session +in the spring of 1777, was required to elect a governor, +to serve for one year from the day on which +that session should end. As no candidate was +named in opposition to Patrick Henry, the Senate +proposed to the House of Delegates that he should +<span class="pgnm"><a name="Page_239" id="Page_239">[Pg 239]</a></span> +be reappointed without ballot. This, accordingly, +was done, by resolution of the latter body on the +29th of May, and by that of the Senate on the +1st of June. On the 5th of June, the committee +appointed to inform the governor of this action +laid before the House his answer:—</p> + +<div class="blockquot"><p><span class="smcap">Gentlemen</span>,—The signal honor conferred on me +by the General Assembly, in their choice of me to be +governor of this Commonwealth, demands my best acknowledgments, +which I beg the favor of you to convey +to them in the most acceptable manner.</p> + +<p>I shall execute the duties of that high station to which +I am again called by the favor of my fellow-citizens, +according to the best of my abilities, and I shall rely +upon the candor and wisdom of the Assembly to excuse +and supply my defects. The good of the Commonwealth +shall be the only object of my pursuit, and I shall measure +my happiness according to the success which shall +attend my endeavors to establish the public liberty. I +beg to be presented to the Assembly, and that they and +you will be assured that I am, with every sentiment of +the highest regard, their and your most obedient and +very humble servant,</p> + +<p class="right1"><span class="smcap">P. Henry.</span><a name="FNanchor283" id="FNanchor283"></a><a href="#Footnote-283" class="fnanchor">[283]</a></p> +</div> + +<p>After a perusal of this nobly written letter, the +gentle reader will have no difficulty in concluding +that, if indeed the author of it was then lying in +wait for an opportunity to set up a despotism in +Virginia, he had already become an adept in the +hypocrisy which enabled him, not only to conceal +the fact, but to convey an impression quite the +opposite.</p> + + +<div class="footnotes"> +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-255" id="Footnote-255"></a><a href="#FNanchor255"><span class="label">[255]</span></a> Burk, <i>Hist. Va.</i> iv. 154.</p></div> + +<div class="footnote"><p><a name="Footnote-256" id="Footnote-256"></a><a href="#FNanchor256"><span class="label">[256]</span></a> 4 <i>Am. Arch.</i> vi. 1602, 1603, note.</p></div> + +<div class="footnote"><p><a name="Footnote-257" id="Footnote-257"></a><a href="#FNanchor257"><span class="label">[257]</span></a> 5 <i>Am. Arch.</i> i. 631.</p></div> + +<div class="footnote"><p><a name="Footnote-258" id="Footnote-258"></a><a href="#FNanchor258"><span class="label">[258]</span></a> 5 <i>Am. Arch.</i> i. 905, 906.</p></div> + +<div class="footnote"><p><a name="Footnote-259" id="Footnote-259"></a><a href="#FNanchor259"><span class="label">[259]</span></a> George Rogers Clark’s <i>Campaign in the Illinois</i>, 11.</p></div> + +<div class="footnote"><p><a name="Footnote-260" id="Footnote-260"></a><a href="#FNanchor260"><span class="label">[260]</span></a> Spencer Roane, MS.</p></div> + +<div class="footnote"><p><a name="Footnote-261" id="Footnote-261"></a><a href="#FNanchor261"><span class="label">[261]</span></a> <i>Jour. Va. House Del.</i> 32.</p></div> + +<div class="footnote"><p><a name="Footnote-262" id="Footnote-262"></a><a href="#FNanchor262"><span class="label">[262]</span></a> <i>Ibid.</i> 57-59.</p></div> + +<div class="footnote"><p><a name="Footnote-263" id="Footnote-263"></a><a href="#FNanchor263"><span class="label">[263]</span></a> <i>Writings of Washington</i>, iv. 138.</p></div> + +<div class="footnote"><p><a name="Footnote-264" id="Footnote-264"></a><a href="#FNanchor264"><span class="label">[264]</span></a> See Letters from the president of Va. Privy Council and from +General Lewis, in 5 <i>Am. Arch.</i> i. 736.</p></div> + +<div class="footnote"><p><a name="Footnote-265" id="Footnote-265"></a><a href="#FNanchor265"><span class="label">[265]</span></a> Burk, <i>Hist. Va.</i> iv. 229.</p></div> + +<div class="footnote"><p><a name="Footnote-266" id="Footnote-266"></a><a href="#FNanchor266"><span class="label">[266]</span></a> Compare <i>Jour. Va. House Del.</i> 8.</p></div> + +<div class="footnote"><p><a name="Footnote-267" id="Footnote-267"></a><a href="#FNanchor267"><span class="label">[267]</span></a> 5 <i>Am. Arch.</i> ii. 1305-1306.</p></div> + +<div class="footnote"><p><a name="Footnote-268" id="Footnote-268"></a><a href="#FNanchor268"><span class="label">[268]</span></a> Randall, <i>Life of Jefferson</i>, i. 363, 413; and <i>Hist. Mag.</i> i. 52.</p></div> + +<div class="footnote"><p><a name="Footnote-269" id="Footnote-269"></a><a href="#FNanchor269"><span class="label">[269]</span></a> <i>Writings of Jefferson</i>, viii. 368-371; also Phila. ed. of <i>Notes</i>, +1825, 172-176.</p></div> + +<div class="footnote"><p><a name="Footnote-270" id="Footnote-270"></a><a href="#FNanchor270"><span class="label">[270]</span></a> Burk, <i>Hist. Va.</i> iv. Pref. Rem. vi.</p></div> + +<div class="footnote"><p><a name="Footnote-271" id="Footnote-271"></a><a href="#FNanchor271"><span class="label">[271]</span></a> See Jefferson’s explicit endorsement of Girardin’s book in his +own <i>Writings</i>, i. 50.</p></div> + +<div class="footnote"><p><a name="Footnote-272" id="Footnote-272"></a><a href="#FNanchor272"><span class="label">[272]</span></a> Burk, <i>Hist. Va.</i> 189, 190.</p></div> + +<div class="footnote"><p><a name="Footnote-273" id="Footnote-273"></a><a href="#FNanchor273"><span class="label">[273]</span></a> Wirt, <i>Life of Henry</i>, 204-205.</p></div> + +<div class="footnote"><p><a name="Footnote-274" id="Footnote-274"></a><a href="#FNanchor274"><span class="label">[274]</span></a> Elliot’s <i>Debates</i>, iii. 160.</p></div> + +<div class="footnote"><p><a name="Footnote-275" id="Footnote-275"></a><a href="#FNanchor275"><span class="label">[275]</span></a> Cited by William Wirt Henry, <i>Hist. Mag.</i> for 1873, 349.</p></div> + +<div class="footnote"><p><a name="Footnote-276" id="Footnote-276"></a><a href="#FNanchor276"><span class="label">[276]</span></a> <i>Jour. Va. House of Del.</i> 106-108.</p></div> + +<div class="footnote"><p><a name="Footnote-277" id="Footnote-277"></a><a href="#FNanchor277"><span class="label">[277]</span></a> <i>Jour. Va. H. Del.</i> 75; and Randall, <i>Life of Jefferson</i>, i. 205.</p></div> + +<div class="footnote"><p><a name="Footnote-278" id="Footnote-278"></a><a href="#FNanchor278"><span class="label">[278]</span></a> William Wirt Henry, <i>Hist. Mag.</i> for 1873, 350.</p></div> + +<div class="footnote"><p><a name="Footnote-279" id="Footnote-279"></a><a href="#FNanchor279"><span class="label">[279]</span></a> 5 <i>Am. Arch.</i> iii. 1425-1426.</p></div> + +<div class="footnote"><p><a name="Footnote-280" id="Footnote-280"></a><a href="#FNanchor280"><span class="label">[280]</span></a> I refer, for example, to his letters of Oct. 11, 1776; of Nov. +19, 1776; of Dec. 6, 1776; of Jan. 8, 1777; of March 20, 1777; +of March 28, 1777; of June 20, 1777; besides the letters cited in +the text.</p></div> + +<div class="footnote"><p><a name="Footnote-281" id="Footnote-281"></a><a href="#FNanchor281"><span class="label">[281]</span></a> <i>Writings of Washington</i>, iv. 330.</p></div> + +<div class="footnote"><p><a name="Footnote-282" id="Footnote-282"></a><a href="#FNanchor282"><span class="label">[282]</span></a> Sparks, <i>Corr. Rev.</i> i. 361, 362.</p></div> + +<div class="footnote"><p><a name="Footnote-283" id="Footnote-283"></a><a href="#FNanchor283"><span class="label">[283]</span></a> <i>Jour. Va. House Del.</i> 61.</p></div> +</div> + + +<p><span class="pgnm"><a name="Page_240" id="Page_240">[Pg 240]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER XIV <br /> +<span class="hsub">GOVERNOR A SECOND TIME</span></h2> + + +<p>Patrick Henry’s second term as governor extended +from the 28th of June, 1777, to the 28th of +June, 1778: a twelvemonth of vast and even decisive +events in the struggle for national independence,—its +awful disasters being more than +relieved by the successes, both diplomatic and military, +which were compressed within that narrow +strip of time. Let us try, by a glance at the chief +items in the record of that year, to bring before +our eyes the historic environment amid which the +governor of Virginia then wrought at his heavy +tasks: July 6, 1777, American evacuation of Ticonderoga +at the approach of Burgoyne; August 6, +defeat of Herkimer by the British under St. Leger; +August 16, Stark’s victory over the British at Bennington; +September 11, defeat of Washington at +Brandywine; September 27, entrance of the British +into Philadelphia; October 4, defeat of Washington +at Germantown; October 16, surrender of +Burgoyne and his entire army; December 11, +Washington’s retirement into winter quarters at +Valley Forge; February 6, 1778, American treaty +of alliance with France; May 11, death of Lord +<span class="pgnm"><a name="Page_241" id="Page_241">[Pg 241]</a></span> +Chatham; June 13, Lord North’s peace commissioners +propose to Congress a cessation of hostilities; +June 18, the British evacuate Philadelphia; +June 28, the battle of Monmouth.</p> + +<p>The story of the personal life of Patrick Henry +during those stern and agitating months is lighted +up by the mention of his marriage, on the 9th +of October, 1777, to Dorothea Dandridge, a granddaughter +of the old royal governor, Alexander +Spotswood,—a lady who was much younger than +her husband, and whose companionship proved to +be the solace of all the years that remained to him +on earth.</p> + +<p>The pressure of official business upon him can +hardly have been less than during the previous +year. The General Assembly was in session from +the 20th of October, 1777, until the 24th of January, +1778, and from the 4th of May to the 1st of +June, 1778,—involving, of course, a long strain +of attention by the governor to the work of the two +houses. Moreover, the prominence of Virginia +among the States, and, at the same time, her exemption +from the most formidable assaults of the +enemy, led to great demands being made upon her +both for men and for supplies. To meet these +demands, either by satisfying them or by explaining +his failure to do so, involved a copious and +laborious correspondence on the part of Governor +Henry, not only with his own official subordinates +in the State, but with the president of Congress, +with the board of war, and with the general of the +<span class="pgnm"><a name="Page_242" id="Page_242">[Pg 242]</a></span> +army. The official letters which he thus wrote are +a monument of his ardor and energy as a war governor, +his attention to details, his broad practical +sense, his hopefulness and patience under galling +disappointments and defeats.<a name="FNanchor284" id="FNanchor284"></a><a href="#Footnote-284" class="fnanchor">[284]</a></p> + +<p>Perhaps nothing in the life of Governor Henry +during his second term of office has so touching an +interest for us now, as has the course which he +took respecting the famous intrigue, which was developed +into alarming proportions during the winter +of 1777 and 1778, for the displacement of +Washington, and for the elevation of the shallow +and ill-balanced Gates to the supreme command of +the armies. It is probable that several men of +prominence in the army, in Congress, and in the +several state governments, were drawn into this +cabal, although most of them had too much caution +to commit themselves to it by any documentary +evidence which could rise up and destroy them in +case of its failure. The leaders in the plot very +naturally felt the great importance of securing the +secret support of men of high influence in Washington’s +own State; and by many it was then believed +<span class="pgnm"><a name="Page_243" id="Page_243">[Pg 243]</a></span> +that they had actually won over no less a +man than Richard Henry Lee. Of course, if also +the sanction of Governor Patrick Henry could be +secured, a prodigious advantage would be gained. +Accordingly, from the town of York, in Pennsylvania, +whither Congress had fled on the advance of +the enemy towards Philadelphia, the following letter +was sent to him,—a letter written in a disguised +hand, without signature, but evidently by a +personal friend, a man of position, and a master of +the art of plausible statement:—</p> + +<div class="blockquot"> + +<p class="right1"><span class="smcap">Yorktown</span>, 12 January, 1778.</p> + +<p><span class="smcap">Dear Sir</span>,—The common danger of our country +first brought you and me together. I recollect with +pleasure the influence of your conversation and eloquence +upon the opinions of this country in the beginning +of the present controversy. You first taught us to +shake off our idolatrous attachment to royalty, and to +oppose its encroachments upon our liberties with our +very lives. By these means you saved us from ruin. +The independence of America is the offspring of that +liberal spirit of thinking and acting, which followed the +destruction of the sceptres of kings, and the mighty +power of Great Britain.</p> + +<p>But, Sir, we have only passed the Red Sea. A +dreary wilderness is still before us; and unless a Moses +or a Joshua are raised up in our behalf, we must perish +before we reach the promised land. We have nothing +to fear from our enemies on the way. General Howe, +it is true, has taken Philadelphia, but he has only +changed his prison. His dominions are bounded on all +sides by his out-sentries. America can only be undone +<span class="pgnm"><a name="Page_244" id="Page_244">[Pg 244]</a></span> +by herself. She looks up to her councils and arms for +protection; but, alas! what are they? Her representation +in Congress dwindled to only twenty-one members; +her Adams, her Wilson, her Henry are no more among +them. Her councils weak, and partial remedies applied +constantly for universal diseases. Her army, what is +it? A major-general belonging to it called it a few +days ago, in my hearing, a mob. Discipline unknown +or wholly neglected. The quartermaster’s and commissary’s +departments filled with idleness, ignorance, and +peculation; our hospitals crowded with six thousand +sick, but half provided with necessaries or accommodations, +and more dying in them in one month than perished +in the field during the whole of the last campaign. +The money depreciating, without any effectual measures +being taken to raise it; the country distracted with the +Don Quixote attempts to regulate the price of provisions; +an artificial famine created by it, and a real one +dreaded from it; the spirit of the people failing through +a more intimate acquaintance with the causes of our +misfortunes; many submitting daily to General Howe; +and more wishing to do it, only to avoid the calamities +which threaten our country. But is our case desperate? +By no means. We have wisdom, virtue and strength +enough to save us, if they could be called into action. +The northern army has shown us what Americans are +capable of doing with a General at their head. The +spirit of the southern army is no way inferior to the +spirit of the northern. A Gates, a Lee, or a Conway, +would in a few weeks render them an irresistible body +of men. The last of the above officers has accepted of +the new office of inspector-general of our army, in order +to reform abuses; but the remedy is only a palliative +<span class="pgnm"><a name="Page_245" id="Page_245">[Pg 245]</a></span> +one. In one of his letters to a friend he says, ‘A great +and good God hath decreed America to be free, or the +[General] and weak counsellors would have ruined her +long ago.’ You may rest assured of each of the facts +related in this letter. The author of it is one of your +Philadelphia friends. A hint of his name, if found out +by the handwriting, must not be mentioned to your most +intimate friend. Even the letter must be thrown into the +fire. But some of its contents ought to be made public, +in order to awaken, enlighten, and alarm our country. +I rely upon your prudence, and am, dear Sir, with my +usual attachment to you, and to our beloved independence,</p> + +<p class="right1">Yours sincerely.</p> + +</div> + +<p>How was Patrick Henry to deal with such a letter +as this? Even though he should reject its reasoning, +and spurn the temptation with which it +assailed him, should he merely burn it, and be +silent? The incident furnished a fair test of his +loyalty in friendship, his faith in principle, his +soundness of judgment, his clear and cool grasp of +the public situation,—in a word, of his manliness +and his statesmanship. This is the way in which +he stood the test:—</p> + +<div class="blockquot"> + +<p class="center">PATRICK HENRY TO GEORGE WASHINGTON.</p> + +<p class="right1"><span class="smcap">Williamsburg</span>, 20 February, 1778.</p> + +<p><span class="smcap">Dear Sir</span>,—You will, no doubt, be surprised at +seeing the enclosed letter, in which the encomiums bestowed +on me are as undeserved, as the censures aimed +at you are unjust. I am sorry there should be one man +who counts himself my friend, who is not yours.<span class="pgnm"><a name="Page_246" id="Page_246">[Pg 246]</a></span></p> + +<p>Perhaps I give you needless trouble in handing you +this paper. The writer of it may be too insignificant to +deserve any notice. If I knew this to be the case, I +should not have intruded on your time, which is so precious. +But there may possibly be some scheme or party +forming to your prejudice. The enclosed leads to such +a suspicion. Believe, me, Sir, I have too high a sense +of the obligations America has to you, to abet or countenance +so unworthy a proceeding. The most exalted +merit has ever been found to attract envy. But I please +myself with the hope that the same fortitude and greatness +of mind, which have hitherto braved all the difficulties +and dangers inseparable from your station, will +rise superior to every attempt of the envious partisan. +I really cannot tell who is the writer of this letter, which +not a little perplexes me. The handwriting is altogether +strange to me.</p> + +<p>To give you the trouble of this gives me pain. It +would suit my inclination better to give you some assistance +in the great business of the war. But I will not conceal +anything from you, by which you may be affected; +for I really think your personal welfare and the happiness +of America are intimately connected. I beg you +will be assured of that high regard and esteem with +which I ever am, dear sir, your affectionate friend and +very humble servant.</p> +</div> + +<p>Fifteen days passed after the dispatch of that +letter, when, having as yet no answer, but with a +heart still full of anxiety respecting this mysterious +and ill-boding cabal against his old friend, Governor +Henry wrote again:—<span class="pgnm"><a name="Page_247" id="Page_247">[Pg 247]</a></span></p> + +<div class="blockquot"> + +<p class="center">PATRICK HENRY TO GEORGE WASHINGTON.</p> + +<p class="right1"><span class="smcap">Williamsburg</span>, 5 March, 1778.</p> + +<p><span class="smcap">Dear Sir</span>,—By an express, which Colonel Finnie +sent to camp, I enclosed to you an anonymous letter +which I hope got safe to hand. I am anxious to hear +something that will serve to explain the strange affair, +which I am now informed is taken up respecting you. +Mr. Custis has just paid us a visit, and by him I learn +sundry particulars concerning General Mifflin, that much +surprised me. It is very hard to trace the schemes and +windings of the enemies to America. I really thought +that man its friend; however, I am too far from him to +judge of his present temper.</p> + +<p>While you face the armed enemies of our liberty in +the field, and by the favor of God have been kept unhurt, +I trust your country will never harbor in her bosom +the miscreant, who would ruin her best supporter. I +wish not to flatter; but when arts, unworthy honest men, +are used to defame and traduce you, I think it not +amiss, but a duty, to assure you of that estimation in +which the public hold you. Not that I think any testimony +I can bear is necessary for your support, or private +satisfaction; for a bare recollection of what is past +must give you sufficient pleasure in every circumstance +of life. But I cannot help assuring you, on this occasion, +of the high sense of gratitude which all ranks of +men in this our native country bear to you. It will give +me sincere pleasure to manifest my regards, and render +my best services to you or yours. I do not like to make +a parade of these things, and I know you are not fond +of it; however, I hope the occasion will plead my excuse. +Wishing you all possible felicity, I am, my dear +<span class="pgnm"><a name="Page_248" id="Page_248">[Pg 248]</a></span> +Sir, your ever affectionate friend and very humble servant.</p> +</div> + +<p>Before Washington received this second letter, +he had already begun to write the following reply +to the first:—</p> + +<div class="blockquot"> + +<p class="center">GEORGE WASHINGTON TO PATRICK HENRY.</p> + +<p class="right1"><span class="smcap">Valley Forge</span>, 27 March, 1778.</p> + +<p><span class="smcap">Dear Sir</span>,—About eight days ago I was honored +with your favor of the 20th ultimo. Your friendship, +sir, in transmitting to me the anonymous letter you had +received, lays me under the most grateful obligations, +and if my acknowledgments can be due for anything +more, it is for the polite and delicate terms in which +you have been pleased to communicate the matter.</p> + +<p>I have ever been happy in supposing that I had a +place in your esteem, and the proof you have afforded +on this occasion makes me peculiarly so. The favorable +light in which you hold me is truly flattering; but I +should feel much regret, if I thought the happiness of +America so intimately connected with my personal welfare, +as you so obligingly seem to consider it. All I can +say is, that she has ever had, and I trust she ever will +have, my honest exertions to promote her interest. I +cannot hope that my services have been the best; but +my heart tells me they have been the best that I could +render.</p> + +<p>That I may have erred in using the means in my +power for accomplishing the objects of the arduous, exalted +station with which I am honored, I cannot doubt; +nor do I wish my conduct to be exempted from reprehension +farther than it may deserve. Error is the portion +of humanity, and to censure it, whether committed +<span class="pgnm"><a name="Page_249" id="Page_249">[Pg 249]</a></span> +by this or that public character, is the prerogative of +freemen. However, being intimately acquainted with +the man I conceive to be the author of the letter transmitted, +and having always received from him the strongest +professions of attachment and regard, I am constrained +to consider him as not possessing, at least, a +great degree of candor and sincerity, though his views +in addressing you should have been the result of conviction, +and founded in motives of public good. This is +not the only secret, insidious attempt that has been +made to wound my reputation. There have been others +equally base, cruel, and ungenerous, because conducted +with as little frankness, and proceeding from views, perhaps, +as personally interested. I am, dear sir, with +great esteem and regard, your much obliged friend, etc.</p> +</div> + +<p>The writing of the foregoing letter was not +finished, when Governor Henry’s second letter +reached him; and this additional proof of friendship +so touched the heart of Washington that, on +the next day, he wrote again, this time with far +less self-restraint than before:—</p> + +<div class="blockquot"> + +<p class="center">GEORGE WASHINGTON TO PATRICK HENRY</p> + +<p><span class="smcap">Camp</span>, 28 March, 1778.</p> + +<p><span class="smcap">Dear Sir</span>,—Just as I was about to close my letter +of yesterday, your favor of the 5th instant came to +hand. I can only thank you again, in the language of +the most undissembled gratitude, for your friendship; +and assure you, that the indulgent disposition, which +Virginia in particular, and the States in general, entertain +towards me, gives me the most sensible pleasure. +The approbation of my country is what I wish; and as +<span class="pgnm"><a name="Page_250" id="Page_250">[Pg 250]</a></span> +far as my abilities and opportunities will permit, I hope +I shall endeavor to deserve it. It is the highest reward +to a feeling mind; and happy are they, who so conduct +themselves as to merit it.</p> + +<p>The anonymous letter with which you were pleased +to favor me, was written by Dr. Rush, so far as I can +judge from a similitude of hands. This man has been +elaborate and studied in his professions of regard for +me; and long since the letter to you. My caution to +avoid anything which could injure the service, prevented +me from communicating, but to a very few of +my friends, the intrigues of a faction which I know was +formed against me, since it might serve to publish our +internal dissensions; but their own restless zeal to advance +their views has too clearly betrayed them, and +made concealment on my part fruitless. I cannot precisely +mark the extent of their views, but it appeared, +in general, that General Gates was to be exalted on the +ruin of my reputation and influence. This I am authorized +to say, from undeniable facts in my own possession, +from publications, the evident scope of which +could not be mistaken, and from private detractions industriously +circulated. General Mifflin, it is commonly +supposed, bore the second part in the cabal; and General +Conway, I know, was a very active and malignant +partisan; but I have good reason to believe that their +machinations have recoiled most sensibly upon themselves. +With sentiments of great esteem and regard, +I am, dear sir, your affectionate humble servant.<a name="FNanchor285" id="FNanchor285"></a><a href="#Footnote-285" class="fnanchor">[285]</a></p> +</div> + +<p>This incident in the lives of Washington and +Patrick Henry is to be noted by us, not only for +<span class="pgnm"><a name="Page_251" id="Page_251">[Pg 251]</a></span> +its own exquisite delicacy and nobility, but likewise +as the culminating fact in the growth of a +very deep and true friendship between the two +men,—a friendship which seems to have begun +many years before, probably in the House of Burgesses, +and which lasted with increasing strength +and tenderness, and with but a single episode of +estrangement, during the rest of their lives. +Moreover, he who tries to interpret the later career +of Patrick Henry, especially after the establishment +of the government under the Constitution, +and who leaves out of the account Henry’s profound +friendship for Washington, and the basis +of moral and intellectual congeniality on which +that friendship rested, will lose an important clew +to the perfect naturalness and consistency of +Henry’s political course during his last years. A +fierce partisan outcry was then raised against him +in Virginia, and he was bitterly denounced as a +political apostate, simply because, in the parting +of the ways of Washington and of Jefferson, Patrick +Henry no longer walked with Jefferson. In +truth, Patrick Henry was never Washington’s follower +nor Jefferson’s: he was no man’s follower. +From the beginning, he had always done for himself +his own thinking, whether right or wrong. +At the same time, a careful student of the three +men may see that, in his thinking, Patrick Henry +had a closer and a truer moral kinship with Washington +than with Jefferson. At present, however, +we pause before the touching incident that has just +<span class="pgnm"><a name="Page_252" id="Page_252">[Pg 252]</a></span> +been narrated in the relations between Washington +and Henry, in order to mark its bearing on their +subsequent intercourse. Washington, in whose +nature confidence was a plant of slow growth, and +who was quick neither to love nor to cease from +loving, never forgot that proof of his friend’s +friendship. Thenceforward, until that one year in +which they both died, the letters which passed between +them, while never effusive, were evidently +the letters of two strong men who loved and +trusted each other without reserve.</p> + +<p>Not long before the close of the governor’s +second term in office, he had occasion to write to +Richard Henry Lee two letters, which are of considerable +interest, not only as indicating the cordial +intimacy between these two great rivals in +oratory, but also for the light they throw both +on the under-currents of bitterness then ruffling +the politics of Virginia, and on Patrick Henry’s +attitude towards the one great question at that +time uppermost in the politics of the nation. During +the previous autumn, it seems, also, Lee had +fallen into great disfavor in Virginia, from which +he had so far emerged by the 23d of January, +1778, as to be then reëlected to Congress, to fill +out an unexpired term.<a name="FNanchor286" id="FNanchor286"></a><a href="#Footnote-286" class="fnanchor">[286]</a> Shortly afterward, however, +harsh speech against him was to be heard in +Virginia once more, of which his friend, the governor, +thus informed him, in a letter dated April 4, +1778:—</p> + +<div class="blockquot"> + +<span class="pgnm"><a name="Page_253" id="Page_253">[Pg 253]</a></span> + +<p>“You are again traduced by a certain set who have +drawn in others, who say that you are engaged in a +scheme to discard General Washington. I know you +too well to suppose that you would engage in anything +not evidently calculated to serve the cause of whiggism.… +But it is your fate to suffer the constant attacks of +disguised Tories who take this measure to lessen you. +Farewell, my dear friend. In praying for your welfare, +I pray for that of my country, to which your life and +service are of the last moment.”<a name="FNanchor287" id="FNanchor287"></a><a href="#Footnote-287" class="fnanchor">[287]</a></p></div> + +<p>Furthermore, on the 30th of May, the General +Assembly made choice of their delegates in Congress +for the following year. Lee was again +elected, but by so small a vote that his name stood +next to the lowest on the list.<a name="FNanchor288" id="FNanchor288"></a><a href="#Footnote-288" class="fnanchor">[288]</a> Concerning this +stinging slight, he appears to have spoken in his +next letters to the governor; for, on the 18th of +June, the latter addressed to him, from Williamsburg, +this reply:—</p> + +<div class="blockquot"><p><span class="smcap">My dear Sir</span>,—Both your last letters came to +hand to-day. I felt for you, on seeing the order in +which the balloting placed the delegates in Congress. +It is an effect of that rancorous malice that has so long +followed you, through that arduous path of duty which +you have invariably travelled, since America resolved to +resist her oppressors.</p> + +<p>Is it any pleasure to you to remark, that at the same +era in which these men figure against you, public spirit +seems to have taken its flight from Virginia? It is too +<span class="pgnm"><a name="Page_254" id="Page_254">[Pg 254]</a></span> +much the case; for the quota of our troops is not half +made up, and no chance seems to remain for completing +it. The Assembly voted three hundred and fifty horse, +and two thousand men, to be forthwith raised, and to +join the grand army. Great bounties are offered; but, +I fear, the only effect will be to expose our state to contempt,—for +I believe no soldiers will enlist, especially +in the infantry.</p> + +<p>Can you credit it?—no effort was made for supporting +or restoring public credit. I pressed it warmly on +some, but in vain. This is the reason we get no soldiers.</p> + +<p>We shall issue fifty or sixty thousand dollars in cash +to equip the cavalry, and their time is to expire at +Christmas. I believe they will not be in the field before +that time.</p> + +<p>Let not Congress rely on Virginia for soldiers. I +tell you my opinion: they will not be got here, until a +different spirit prevails.</p></div> + +<p>In the next paragraph of his letter, the governor +passes from these local matters to what was +then the one commanding topic in national affairs. +Lord North’s peace commissioners had already arrived, +and were seeking to win back the Americans +into free colonial relations with the mother country, +and away from their new-formed friendship +with perfidious France. With what energy Patrick +Henry was prepared to reject all these British +blandishments, may be read in the passionate sentences +which conclude his letter:—</p> + +<div class="blockquot"><p>I look at the past condition of America, as at a +dreadful precipice, from which we have escaped by +<span class="pgnm"><a name="Page_255" id="Page_255">[Pg 255]</a></span> +means of the generous French, to whom I will be ever-lastingly +bound by the most heartfelt gratitude. But I +must mistake matters, if some of those men who traduce +you, do not prefer the offers of Britain. You will have +a different game to play now with the commissioners. +How comes Governor Johnstone there? I do not see +how it comports with his past life.</p> + +<p>Surely Congress will never recede from our French +friends. Salvation to America depends upon our holding +fast our attachment to them. I shall date our ruin +from the moment that it is exchanged for anything +Great Britain can say, or do. She can never be cordial +with us. Baffled, defeated, disgraced by her colonies, +she will ever meditate revenge. We can find no safety +but in her ruin, or, at least, in her extreme humiliation; +which has not happened, and cannot happen, until she +is deluged with blood, or thoroughly purged by a revolution, +which shall wipe from existence the present king +with his connections, and the present system with those +who aid and abet it.</p> + +<p>For God’s sake, my dear sir, quit not the councils of +your country, until you see us forever disjoined from +Great Britain. The old leaven still works. The fleshpots +of Egypt are still savory to degenerate palates. +Again we are undone, if the French alliance is not religiously +observed. Excuse my freedom. I know your +love to our country,—and this is my motive. May +Heaven give you health and prosperity.</p> + +<p class="right"><span class="right3">I am yours affectionately,<br /></span> +<span class="right1"><span class="smcap">Patrick Henry.</span><a name="FNanchor289" id="FNanchor289"></a><a href="#Footnote-289" class="fnanchor">[289]</a></span><br /> +</p> +</div> + +<p>Before coming to the end of our story of Governor +<span class="pgnm"><a name="Page_256" id="Page_256">[Pg 256]</a></span> +Henry’s second term, it should be mentioned +that twice during this period did the General Assembly +confide to him those extraordinary powers +which by many were spoken of as dictatorial; first, +on the 22d of January, 1778,<a name="FNanchor290" id="FNanchor290"></a><a href="#Footnote-290" class="fnanchor">[290]</a> and again, on the +28th of May, of the same year.<a name="FNanchor291" id="FNanchor291"></a><a href="#Footnote-291" class="fnanchor">[291]</a> Finally, so safe +had been this great trust in his hands, and so efficiently +had he borne himself, in all the labors and +responsibilities of his high office, that, on the 29th +of May, the House of Delegates, by resolution, +unanimously elected him as governor for a third +term,—an act in which, on the same day, the +Senate voted its concurrence. On the 30th of +May, Thomas Jefferson, from the committee appointed +to notify the governor of his reëlection, reported +to the House the following answer:—</p> + +<div class="blockquot"><p><span class="smcap">Gentlemen</span>,—The General Assembly, in again electing +me governor of this commonwealth, have done me +very signal honor. I trust that their confidence, thus +continued in me, will not be misplaced. I beg you +will be pleased, gentlemen, to present me to the General +Assembly in terms of grateful acknowledgment for +this fresh instance of their favor towards me; and to +assure them, that my best endeavors shall be used to +promote the public good, in that station to which they +have once more been pleased to call me.<a name="FNanchor292" id="FNanchor292"></a><a href="#Footnote-292" class="fnanchor">[292]</a></p></div> + + +<div class="footnotes"> +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-284" id="Footnote-284"></a><a href="#FNanchor284"><span class="label">[284]</span></a> Of the official letters of Governor Henry, doubtless many have +perished; a few have been printed in Sparks, Force, Wirt, and +elsewhere; a considerable number, also, are preserved in manuscript +in the archives of the Department of State at Washington. +Copies of the latter are before me as I write. As justifying the +statement made in the text, I would refer to his letters of August +30, 1777; of October 29, 1777; of October 30, 1777; of December +6, 1777; of December 9, 1777; of January 20, 1778; of +January 28, 1778; and of June 18, 1778.</p></div> + +<div class="footnote"><p><a name="Footnote-285" id="Footnote-285"></a><a href="#FNanchor285"><span class="label">[285]</span></a> <i>Writings of Washington</i>, v. 495-497; 512-515.</p></div> + +<div class="footnote"><p><a name="Footnote-286" id="Footnote-286"></a><a href="#FNanchor286"><span class="label">[286]</span></a> <i>Jour. Va. House Del.</i> 131.</p></div> + +<div class="footnote"><p><a name="Footnote-287" id="Footnote-287"></a><a href="#FNanchor287"><span class="label">[287]</span></a> Given in Grigsby, <i>Va. Conv. of</i> 1776, 142 note.</p></div> + +<div class="footnote"><p><a name="Footnote-288" id="Footnote-288"></a><a href="#FNanchor288"><span class="label">[288]</span></a> <i>Jour. Va. House Del.</i> 27, 33.</p></div> + +<div class="footnote"><p><a name="Footnote-289" id="Footnote-289"></a><a href="#FNanchor289"><span class="label">[289]</span></a> Lee, <i>Life of Richard Henry Lee</i>, i. 195 196.</p></div> + +<div class="footnote"><p><a name="Footnote-290" id="Footnote-290"></a><a href="#FNanchor290"><span class="label">[290]</span></a> <i>Jour. Va. House Del.</i> 72, 81, 85, 125, 126.</p></div> + +<div class="footnote"><p><a name="Footnote-291" id="Footnote-291"></a><a href="#FNanchor291"><span class="label">[291]</span></a> <i>Ibid.</i> 15, 16, 17.</p></div> + +<div class="footnote"><p><a name="Footnote-292" id="Footnote-292"></a><a href="#FNanchor292"><span class="label">[292]</span></a> <i>Ibid.</i> 26, 30.</p></div> + +</div> + +<p><span class="pgnm"><a name="Page_257" id="Page_257">[Pg 257]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER XV <br /> +<span class="hsub">THIRD YEAR IN THE GOVERNORSHIP</span></h2> + + +<p>Governor Henry’s third official year was +marked, in the great struggle then in progress, by +the arrival of the French fleet, and by its futile +attempts to be of any use to those hard-pressed +rebels whom the king of France had undertaken +to encourage in their insubordination; by awful +scenes of carnage and desolation in the outlying +settlements at Wyoming, Cherry Valley, and Schoharie; +by British predatory expeditions along the +Connecticut coast; by the final failure and departure +of Lord North’s peace commissioners; and by +the transfer of the chief seat of war to the South, +beginning with the capture of Savannah by the +British on the 29th of December, 1778, followed +by their initial movement on Charleston, in May, +1779. In the month just mentioned, likewise, the +enemy, under command of General Matthews and +of Sir George Collier, suddenly swooped down on +Virginia, first seizing Portsmouth and Norfolk, +and then, after a glorious military debauch of robbery, +ruin, rape, and murder, and after spreading +terror and anguish among the undefended populations +of Suffolk, Kemp’s Landing, Tanner’s Creek,<span class="pgnm"><a name="Page_258" id="Page_258">[Pg 258]</a></span> +and Gosport, as suddenly gathered up their booty, +and went back in great glee to New York.</p> + +<p>In the autumn of 1778, the governor had the +happiness to hear of the really brilliant success of +the expedition which, with statesmanlike sagacity, +he had sent out under George Rogers Clark, into +the Illinois country, in the early part of the year.<a name="FNanchor293" id="FNanchor293"></a><a href="#Footnote-293" class="fnanchor">[293]</a> +Some of the more important facts connected with +this expedition, he thus announced to the Virginia +delegates in Congress:—</p> + +<div class="blockquot"> +<p class="right1"><span class="smcap">Williamsburg</span>, November 14, 1778.</p> + +<p><span class="smcap">Gentlemen</span>,—The executive power of this State +having been impressed with a strong apprehension of +incursions on the frontier settlements from the savages +situated about the Illinois, and supposing the danger +would be greatly obviated by an enterprise against the +English forts and possessions in that country, which +were well known to inspire the savages with their bloody +purposes against us, sent a detachment of militia, consisting +of one hundred and seventy or eighty men +commanded by Colonel George Rogers Clark, on that +service some time last spring. By despatches which I +have just received from Colonel Clark, it appears that +his success has equalled the most sanguine expectations. +He has not only reduced Fort Chartres and its dependencies, +but has struck such a terror into the Indian +tribes between that settlement and the lakes that no less +than five of them, viz., the Puans, Sacks, Renards, Powtowantanies, +and Miamis, who had received the hatchet +from the English emissaries, have submitted to our arms +<span class="pgnm"><a name="Page_259" id="Page_259">[Pg 259]</a></span> +all their English presents, and bound themselves by +treaties and promises to be peaceful in the future.</p> + +<p>The great Blackbird, the Chappowow chief, has also +sent a belt of peace to Colonel Clark, influenced, he +supposes, by the dread of Detroit’s being reduced by +American arms. This latter place, according to Colonel +Clark’s representation, is at present defended by so inconsiderable +a garrison and so scantily furnished with +provisions, for which they must be still more distressed +by the loss of supplies from the Illinois, that it might +be reduced by any number of men above five hundred. +The governor of that place, Mr. Hamilton, was exerting +himself to engage the savages to assist him in retaking +the places that had fallen into our hands; but the favorable +impression made on the Indians in general in that +quarter, the influence of the French on them, and the +reënforcement of their militia Colonel Clark expected, +flattered him that there was little danger to be apprehended.… +If the party under Colonel Clark can +coöperate in any respect with the measures Congress are +pursuing or have in view, I shall with pleasure give +him the necessary orders. In order to improve and +secure the advantages gained by Colonel Clark, I propose +to support him with a reënforcement of militia. +But this will depend on the pleasure of the Assembly, to +whose consideration the measure is submitted.</p> + +<p>The French inhabitants have manifested great zeal +and attachment to our cause, and insist on garrisons remaining +with them under Colonel Clark. This I am +induced to agree to, because the safety of our own frontiers +as well as that of these people demands a compliance +with this request. Were it possible to secure the +St. Lawrence and prevent the English attempts up that +<span class="pgnm"><a name="Page_260" id="Page_260">[Pg 260]</a></span> +river by seizing some post on it, peace with the Indians +would seem to me to be secured.</p> + +<p>With great regard I have the honor to be, Gent<sup>n</sup>,</p> + +<p class="right"><span class="right3">Your most obedient servant,<br /></span> +<span class="right1"><span class="smcap">P. Henry.</span><a name="FNanchor294" id="FNanchor294"></a><a href="#Footnote-294" class="fnanchor">[294]</a></span><br /> +</p> +</div> + +<p>During the autumn session of the General Assembly, +that body showed its continued confidence +in the governor by passing several acts conferring +on him extraordinary powers, in addition to those +already bestowed.<a name="FNanchor295" id="FNanchor295"></a><a href="#Footnote-295" class="fnanchor">[295]</a></p> + +<p>A letter which the governor wrote at this period +to the president of Congress, respecting military +aid from Virginia to States further south, may give +us some idea, not only of his own practical discernment +in the matters involved, but of the confusion +which, in those days, often attended military plans +issuing from a many-headed executive:—</p> + +<div class="blockquot"> + +<p class="right1"><span class="smcap">Williamsburg</span>, November 28, 1778.</p> + +<p><span class="smcap">Sir</span>,—Your favor of the 16th instant is come to +hand, together with the acts of Congress of the 26th of +August for establishing provision for soldiers and sailors +maimed or disabled in the public service,—of the 26th +of September for organizing the treasury, a proclamation +for a general thanksgiving, and three copies of the +alliance between his most Christian Majesty and these +United States.</p> + +<p>I lost no time in laying your letter before the privy +council, and in deliberating with them on the subject of +<span class="pgnm"><a name="Page_261" id="Page_261">[Pg 261]</a></span> +sending 1000 militia to Charlestown, South Carolina. I +beg to assure Congress of the great zeal of every member +of the executive here to give full efficacy to their +designs on every occasion. But on the present, I am +very sorry to observe, that obstacles great and I fear +unsurmountable are opposed to the immediate march of +the men. Upon requisition to the deputy quartermaster-general +in this department for tents, kettles, blankets, +and wagons, he informs they cannot be had. The season +when the march must begin will be severe and inclement, +and, without the forementioned necessaries, +impracticable to men indifferently clad and equipped as +they are in the present general scarcity of clothes.</p> + +<p>The council, as well as myself, are not a little perplexed +on comparing this requisition to defend South +Carolina and Georgia from the assaults of the enemy, +with that made a few days past for galleys to conquer +East Florida. The galleys have orders to rendezvous at +Charlestown, which I was taught to consider as a place +of acknowledged safety; and I beg leave to observe, +that there seems some degree of inconsistency in marching +militia such a distance in the depth of winter, under +the want of necessaries, to defend a place which the former +measures seemed to declare safe.</p> + +<p>The act of Assembly whereby it is made lawful to +order their march, confines the operations to measures +merely defensive to a sister State, and of whose danger +there is certain information received.</p> + +<p>However, as Congress have not been pleased to explain +the matters herein alluded to, and altho’ a good +deal of perplexity remains with me on the subject, I +have by advice of the privy council given orders for +1000 men to be instantly got into readiness to march to +<span class="pgnm"><a name="Page_262" id="Page_262">[Pg 262]</a></span> +Charlestown, and they will march as soon as they are +furnished with tents, kettles, and wagons. In the mean +time, if intelligence is received that their march is essential +to the preservation of either of the States of +South Carolina or Georgia the men will encounter every +difficulty, and have orders to proceed in the best way +they can without waiting to be supplied with those +necessaries commonly afforded to troops even on a summer’s +march.</p> + +<p>I have to beg that Congress will please to remember +the state of embarrassment in which I must necessarily +remain with respect to the ordering galleys to Charlestown, +in their way to invade Florida, while the militia +are getting ready to defend the States bordering on it, +and that they will please to favor me with the earliest +intelligence of every circumstance that is to influence the +measures either offensive or defensive.</p> + +<p>I have the honor to be, Sir, your most obedient and +very humble servant,</p> + +<p class="right1"><span class="smcap">P. Henry.</span><a name="FNanchor296" id="FNanchor296"></a><a href="#Footnote-296" class="fnanchor">[296]</a> +</p> +</div> + +<p>By the early spring of 1779, it became still more +apparent that the purpose of the enemy was to +shift the scene of their activity from the middle +States to the South, and that Virginia, whose soil +had never thus far been bruised by the tread of +a hostile army, must soon experience that dire +calamity. Perhaps no one saw this more clearly +than did Governor Henry. At the same time, he +also saw that Virginia must in part defend herself +by helping to defend her sister States at the South, +across whose territories the advance of the enemy +<span class="pgnm"><a name="Page_263" id="Page_263">[Pg 263]</a></span> +into Virginia was likely to be attempted. His +clear grasp of the military situation, in all the +broad relations of his own State to it, is thus revealed +in a letter to Washington, dated at Williamsburg, +13th of March, 1779:—</p> + +<div class="blockquot"><p>“My last accounts from the South are unfavorable. +Georgia is said to be in full possession of the enemy, +and South Carolina in great danger. The number of +disaffected there is said to be formidable, and the Creek +Indians inclining against us. One thousand militia are +ordered thither from our southern counties; but a doubt +is started whether they are by law obliged to march. I +have also proposed a scheme to embody volunteers for +this service; but I fear the length of the march, and a +general scarcity of bread, which prevails in some parts +of North Carolina and this State, may impede this service. +About five hundred militia are ordered down the +Tennessee River, to chastise some new settlements of +renegade Cherokees that infest our southwestern frontier, +and prevent our navigation on that river, from +which we began to hope for great advantages. Our +militia have full possession of the Illinois and the posts +on the Wabash; and I am not without hopes that the +same party may overawe the Indians as far as Detroit. +They are independent of General McIntosh, whose numbers, +although upwards of two thousand, I think could +not make any great progress, on account, it is said, of +the route they took, and the lateness of the season.</p> + +<p>“The conquest of Illinois and Wabash was effected +with less than two hundred men, who will soon be reënforced; +and, by holding posts on the back of the Indians, +it is hoped may intimidate them. Forts Natchez +<span class="pgnm"><a name="Page_264" id="Page_264">[Pg 264]</a></span> +and Morishac are again in the enemy’s hands; and +from thence they infest and ruin our trade on the Mississippi, +on which river the Spaniards wish to open a +very interesting commerce with us. I have requested +Congress to authorize the conquest of those two posts, +as the possession of them will give a colorable pretence +to retain all West Florida, when a treaty may be +opened.”<a name="FNanchor297" id="FNanchor297"></a><a href="#Footnote-297" class="fnanchor">[297]</a></p></div> + +<p>Within two months after that letter was written, +the dreaded warships of the enemy were ploughing +the waters of Virginia: it was the sorrow-bringing +expedition of Matthews and Sir George Collier. +The news of their arrival was thus conveyed by +Governor Henry to the president of Congress:—</p> + +<div class="blockquot"> +<p class="right1"><span class="smcap">Williamsburg</span>, 11 May, 1779.</p> + +<p><span class="smcap">Sir</span>,—On Saturday last, in the evening, a British +fleet amounting to about thirty sail … came into the +Bay of Chesapeake, and the next day proceeded to +Hampton Road, where they anchored and remained +quiet until yesterday about noon, when several of the +ships got under way, and proceeded towards Portsmouth, +which place I have no doubt they intend to attack +by water or by land or by both, as they have many +flat-bottomed boats with them for the purpose of landing +their troops. As I too well know the weakness of that +garrison, I am in great pain for the consequences, there +being great quantities of merchandise, the property of +French merchants and others in this State, at that place, +as well as considerable quantities of military stores, +which, tho’ measures some time since were taken to +<span class="pgnm"><a name="Page_265" id="Page_265">[Pg 265]</a></span> +remove, may nevertheless fall into the enemy’s hands. +Whether they may hereafter intend to fortify and +maintain this post is at present unknown to me, but +the consequences which will result to this State and +to the United States finally if such a measure should +be adopted must be obvious. Whether it may be in the +power of Congress to adopt any measures which can in +any manner counteract the design of the enemy is submitted +to their wisdom. At present, I cannot avoid +intimating that I have the greatest reason to think that +many vessels from France with public and private merchandise +may unfortunately arrive while the enemy remain +in perfect possession of the Bay of Chesapeake, +and fall victims unexpectedly.</p> + +<p>Every precaution will be taken to order lookout boats +on the seacoasts to furnish proper intelligence; but the +success attending this necessary measure will be precarious +in the present situation of things.<a name="FNanchor298" id="FNanchor298"></a><a href="#Footnote-298" class="fnanchor">[298]</a></p></div> + +<p>On the next day the governor had still heavier +tidings for the same correspondent:—</p> + +<div class="blockquot"> +<p class="right1"><span class="smcap">Williamsburg</span>, May 12, 1779.</p> + +<p><span class="smcap">Sir</span>,—I addressed you yesterday upon a subject of +the greatest consequence. The last night brought me +the fatal account of Portsmouth being in possession of +the enemy. Their force was too great to be resisted, +and therefore the fort was evacuated after destroying +one capital ship belonging to the State and one or two +private ones loaded with tobacco. Goods and merchandise, +however, of very great value fall into the enemy’s +hands. If Congress could by solicitations procure a +<span class="pgnm"><a name="Page_266" id="Page_266">[Pg 266]</a></span> +fleet superior to the enemy’s force to enter Chesapeake +at this critical period, the prospect of gain and advantage +would be great indeed. I have the honor to be, +with the greatest regard, Sir,</p> + +<p class="right"><span class="right3">Your most humble and obedient servant,</span> <br /> + +<span class="smcap">P. Henry.</span><a name="FNanchor299" id="FNanchor299"></a><a href="#Footnote-299" class="fnanchor">[299]</a></p> +</div> + +<p>To meet this dreadful invasion, the governor attempted +to arouse and direct vigorous measures, in +part by a proclamation, on the 14th of May, announcing +to the people of Virginia the facts of the +case, “and requiring the county lieutenants and +other military officers in the Commonwealth, and +especially those on the navigable waters, to hold +their respective militias in readiness to oppose the +attempts of the enemy wherever they might be +made.”<a name="FNanchor300" id="FNanchor300"></a><a href="#Footnote-300" class="fnanchor">[300]</a></p> + +<p>On the 21st of the month, in a letter to the +president of Congress, he reported the havoc then +wrought by the enemy:—</p> + +<div class="blockquot"> +<p class="right1"><span class="smcap">Williamsburg</span>, May 21, 1779.</p> + +<p><span class="smcap">Sir</span>,—Being in the greatest haste to dispatch your +express, I have not time to give you any very particular +information concerning the present invasion. Let it +suffice therefore to inform Congress that the number of +the enemy’s ships are nearly the same as was mentioned +in my former letter; with regard to the number of +the troops which landed and took Portsmouth, and afterwards +proceeded and burnt, plundered, and destroyed +Suffolk, committing various barbarities, etc., we are +still ignorant, as the accounts from the deserters differ +<span class="pgnm"><a name="Page_267" id="Page_267">[Pg 267]</a></span> +widely; perhaps, however, it may not exceed 2000 or +2500 men.</p> + +<p>I trust that a sufficient number of troops are embodied +and stationed in certain proportions at this place, +York, Hampton, and on the south side of James River.… When +any further particulars come to my knowledge +they shall be communicated to Congress without +delay.</p> + +<p>I have the honor to be, Sir, your humble servant,</p> + +<p class="right1 smcap">P. Henry.</p> + +<p>P. S. I am pretty certain that the land forces are +commanded by Gen’l Matthews and the fleet by Sir +George Collier.<a name="FNanchor301" id="FNanchor301"></a><a href="#Footnote-301" class="fnanchor">[301]</a></p> +</div> + +<p>In the very midst of this ugly storm, it was required +that the ship of state should undergo a +change of commanders. The third year for which +Governor Henry had been elected was nearly at +an end. There were some members of the Assembly +who thought him eligible as governor for still +another year, on the ground that his first election +was by the convention, and that the year of office +which that body gave to him “was merely provisory,” +and formed no proper part of his constitutional +term.<a name="FNanchor302" id="FNanchor302"></a><a href="#Footnote-302" class="fnanchor">[302]</a> Governor Henry himself, however, +could not fail to perceive the unfitness of any struggle +upon such a question at such a time, as well as +the futility which would attach to that high office, +if held, amid such perils, under a clouded title. +Accordingly, on the 28th of May, he cut short all +discussion by sending to the speaker of the House +of Delegates the following letter:—</p> + + +<div class="blockquot"> +<span class="pgnm"><a name="Page_268" id="Page_268">[Pg 268]</a></span> +<p class="right1">May 28, 1779.</p> + +<p><span class="smcap">Sir</span>,—The term for which I had the honor to be +elected governor by the late Assembly being just about +to expire, and the Constitution, as I think, making me +ineligible to that office, I take the liberty to communicate +to the Assembly through you, Sir, my intention to +retire in four or five days.</p> + +<p>I have thought it necessary to give this notification of +my design, in order that the Assembly may have the +earliest opportunity of deliberating upon the choice of a +successor to me in office.</p> + +<p>With great regard, I have the honor to be, Sir, your +most obedient servant,</p> + +<p class="right1"> +<span class="smcap">P. Henry.</span><a name="FNanchor303" id="FNanchor303"></a><a href="#Footnote-303" class="fnanchor">[303]</a> +</p> +</div> + +<p>On the first of June, Thomas Jefferson was +elected to succeed him in office, but by a majority +of only six votes out of one hundred and twenty-eight.<a name="FNanchor304" id="FNanchor304"></a><a href="#Footnote-304" class="fnanchor">[304]</a> +On the following day Patrick Henry, having +received certain resolutions from the General +Assembly<a name="FNanchor305" id="FNanchor305"></a><a href="#Footnote-305" class="fnanchor">[305]</a> commending him for his conduct while +governor, graciously closed this chapter of his official +life by the following letter:—</p> + +<div class="blockquot"><p><span class="smcap">Gentlemen</span>,—The House of Delegates have done +me very great honor in the vote expressive of their approbation +of my public conduct. I beg the favor of +you, gentlemen, to convey to that honorable house my +most cordial acknowledgments, and to assure them that +I shall ever retain a grateful remembrance of the high +honor they have now conferred on me.<a name="FNanchor306" id="FNanchor306"></a><a href="#Footnote-306" class="fnanchor">[306]</a></p></div> + +<p><span class="pgnm"><a name="Page_269" id="Page_269">[Pg 269]</a></span> +In the midst of these frank voices of public appreciation +over the fidelity and efficiency of his +service as governor, there were doubtless the usual +murmurs of partisan criticism or of personal ill-will. +For example, a few days after Jefferson had +taken his seat in the stately chair which Patrick +Henry had just vacated, St. George Tucker, in a +letter to Theophilus Bland, gave expression to this +sneer: “<i>Sub rosa</i>, I wish his excellency’s activity +may be equal to the abilities he possesses in so +eminent a degree.… But if he should tread in +the steps of his predecessor, there is not much to +be expected from the brightest talents.”<a name="FNanchor307" id="FNanchor307"></a><a href="#Footnote-307" class="fnanchor">[307]</a> Over +against a taunt like this, one can scarcely help +placing the fact that the general of the armies +who, for three stern years, had been accustomed to +lean heavily for help on this governor of Virginia, +and who never paid idle compliments, nevertheless +paid many a tribute to the intelligence, zeal, and +vigorous activity of Governor Henry’s administration. +Thus, on the 27th of December, 1777, Washington +writes to him: “In several of my late letters +I addressed you on the distress of the troops +for want of clothing. Your ready exertions to relieve +them have given me the highest satisfaction.”<a name="FNanchor308" id="FNanchor308"></a><a href="#Footnote-308" class="fnanchor">[308]</a> +On the 19th of February, 1778, Washington +again writes to him: “I address myself to +you, convinced that our alarming distresses will +engage your most serious consideration, and that +the full force of that zeal and vigor you have manifested +<span class="pgnm"><a name="Page_270" id="Page_270">[Pg 270]</a></span> +upon every other occasion, will now operate +for our relief, in a matter that so nearly affects +the very existence of our contest.”<a name="FNanchor309" id="FNanchor309"></a><a href="#Footnote-309" class="fnanchor">[309]</a> On the 19th +of April, 1778, Washington once more writes to +him: “I hold myself infinitely obliged to the legislature +for the ready attention which they have paid +to my representation of the wants of the army, and +to you for the strenuous manner in which you have +recommended to the people an observance of my +request.”<a name="FNanchor310" id="FNanchor310"></a><a href="#Footnote-310" class="fnanchor">[310]</a> Finally, if any men had even better +opportunities than Washington for estimating correctly +Governor Henry’s efficiency in his great +office, surely those men were his intimate associates, +the members of the Virginia legislature. It +is quite possible that their first election of him as +governor may have been in ignorance of his real +qualities as an executive officer; but this cannot +be said of their second and of their third elections +of him, each one of which was made, as we have +seen, without one audible lisp of opposition. Is it +to be believed that, if he had really shown that lack +of executive efficiency which St. George Tucker’s +sneer implies, such a body of men, in such a crisis +of public danger, would have twice and thrice +elected him to the highest executive office in the +State, and that, too, without one dissenting vote? +To say so, indeed, is to fix a far more damning +censure upon them than upon him.</p> + + +<div class="footnotes"> +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-293" id="Footnote-293"></a><a href="#FNanchor293"><span class="label">[293]</span></a> Clark’s <i>Campaign in the Illinois</i>, 95-97, where Governor +Henry’s public and private instructions are given in full.</p></div> + +<div class="footnote"><p><a name="Footnote-294" id="Footnote-294"></a><a href="#FNanchor294"><span class="label">[294]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-295" id="Footnote-295"></a><a href="#FNanchor295"><span class="label">[295]</span></a> <i>Jour. Va. House Del.</i> 30, 36, 66; also Hening, ix. 474-476; +477-478; 530-532; 584-585.</p></div> + +<div class="footnote"><p><a name="Footnote-296" id="Footnote-296"></a><a href="#FNanchor296"><span class="label">[296]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-297" id="Footnote-297"></a><a href="#FNanchor297"><span class="label">[297]</span></a> Sparks, <i>Corr. Rev</i>. ii. 261-262.</p></div> + +<div class="footnote"><p><a name="Footnote-298" id="Footnote-298"></a><a href="#FNanchor298"><span class="label">[298]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-299" id="Footnote-299"></a><a href="#FNanchor299"><span class="label">[299]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-300" id="Footnote-300"></a><a href="#FNanchor300"><span class="label">[300]</span></a> Burk, <i>Hist. Va.</i> iv. 338.</p></div> + +<div class="footnote"><p><a name="Footnote-301" id="Footnote-301"></a><a href="#FNanchor301"><span class="label">[301]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-302" id="Footnote-302"></a><a href="#FNanchor302"><span class="label">[302]</span></a> Burk, <i>Hist. Va.</i> iv. 350.</p></div> + +<div class="footnote"><p><a name="Footnote-303" id="Footnote-303"></a><a href="#FNanchor303"><span class="label">[303]</span></a> Wirt, 225.</p></div> + +<div class="footnote"><p><a name="Footnote-304" id="Footnote-304"></a><a href="#FNanchor304"><span class="label">[304]</span></a> <i>Jour. Va. House Del.</i> 29.</p></div> + +<div class="footnote"><p><a name="Footnote-305" id="Footnote-305"></a><a href="#FNanchor305"><span class="label">[305]</span></a> Burk, <i>Hist. Va.</i> 350.</p></div> + +<div class="footnote"><p><a name="Footnote-306" id="Footnote-306"></a><a href="#FNanchor306"><span class="label">[306]</span></a> <i>Jour. Va. House Del.</i> 32.</p></div> + +<div class="footnote"><p><a name="Footnote-307" id="Footnote-307"></a><a href="#FNanchor307"><span class="label">[307]</span></a> <i>Bland Papers</i>, ii. 11.</p></div> + +<div class="footnote"><p><a name="Footnote-308" id="Footnote-308"></a><a href="#FNanchor308"><span class="label">[308]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-309" id="Footnote-309"></a><a href="#FNanchor309"><span class="label">[309]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-310" id="Footnote-310"></a><a href="#FNanchor310"><span class="label">[310]</span></a> MS.</p></div> + +</div> + +<p><span class="pgnm"><a name="Page_271" id="Page_271">[Pg 271]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER XVI <br /> +<span class="hsub">AT HOME AND IN THE HOUSE OF DELEGATES</span></h2> + + +<p>The high official rank which Governor Henry +had borne during the first three years of American +independence was so impressive to the imaginations +of the French allies who were then in the country, +that some of them addressed their letters to him +as “Son Altesse Royale, Monsieur Patrick Henri, +Gouverneur de l’Etat de Virginie.”<a name="FNanchor311" id="FNanchor311"></a><a href="#Footnote-311" class="fnanchor">[311]</a> From this +titular royalty he descended, as we have seen, +about the 1st of June, 1779; and for the subsequent +five and a half years, until his recall to the +governorship, he is to be viewed by us as a very +retired country gentleman in delicate health, with +episodes of labor and of leadership in the Virginia +House of Delegates.</p> + +<p>A little more than a fortnight after his descent +from the governor’s chair, he was elected by the +General Assembly as a delegate in Congress.<a name="FNanchor312" id="FNanchor312"></a><a href="#Footnote-312" class="fnanchor">[312]</a> It +is not known whether he at any time thought it +possible for him to accept this appointment; but, +on the 28th of the following October, the body +that had elected him received from him a letter +<span class="pgnm"><a name="Page_272" id="Page_272">[Pg 272]</a></span> +declining the service.<a name="FNanchor313" id="FNanchor313"></a><a href="#Footnote-313" class="fnanchor">[313]</a> Moreover, in spite of all +invitations and entreaties, Patrick Henry never +afterwards served in any public capacity outside +the State of Virginia.</p> + +<p>During his three years in the governorship, he +had lived in the palace at Williamsburg. In the +course of that time, also, he had sold his estate of +Scotchtown, in Hanover County, and had purchased +a large tract of land in the new county +of Henry,—a county situated about two hundred +miles southwest from Richmond, along the North +Carolina boundary, and named, of course, in honor +of himself. To his new estate there, called Leatherwood, +consisting of about ten thousand acres, +he removed early in the summer of 1779. This +continued to be his home until he resumed the +office of governor in November, 1784.<a name="FNanchor314" id="FNanchor314"></a><a href="#Footnote-314" class="fnanchor">[314]</a></p> + +<p>After the storm and stress of so many years of +public life, and of public life in an epoch of revolution, +the invalid body, the care-burdened spirit, +of Patrick Henry must have found great refreshment +in this removal to a distant, wild, and mountainous +solitude. In undisturbed seclusion, he +there remained during the summer and autumn +of 1779, and even the succeeding winter and +spring,—scarcely able to hear the far-off noises of +the great struggle in which he had hitherto borne +so rugged a part, and of which the victorious issue +was then to be seen by him, though dimly, through +many a murky rack of selfishness, cowardice, and +crime.<span class="pgnm"><a name="Page_273" id="Page_273">[Pg 273]</a></span></p> + +<p>His successor in the office of governor was +Thomas Jefferson, the jovial friend of his own +jovial youth, bound to him still by that hearty +friendship which was founded on congeniality of +political sentiment, but was afterward to die away, +at least on Jefferson’s side, into alienation and +hate. To this dear friend Patrick Henry wrote +late in that winter, from his hermitage among the +eastward fastnesses of the Blue Ridge, a remarkable +letter, which has never before been in print, +and which is full of interest for us on account of +its impulsive and self-revealing words. Its tone of +despondency, almost of misanthropy,—so unnatural +to Patrick Henry,—is perhaps a token of +that sickness of body which had made the soul sick +too, and had then driven the writer into the wilderness, +and still kept him there:—</p> + +<div class="blockquot"> +<p class="center">TO THOMAS JEFFERSON.</p> + +<p class="right1"> +<span class="smcap">Leatherwood</span>, 15th Feby., 1780.<br /> +</p> + +<p><span class="smcap">Dear Sir</span>,—I return you many thanks for your +favor by Mr. Sanders. The kind notice you were +pleased to take of me was particularly obliging, as I +have scarcely heard a word of public matters since +I moved up in the retirement where I live.</p> + +<p>I have had many anxieties for our commonwealth, +principally occasioned by the depreciation of our money. +To judge by this, which somebody has called the pulse +of the state, I have feared that our body politic was +dangerously sick. God grant it may not be unto death. +But I cannot forbear thinking, the present increase of +prices is in great part owing to a kind of habit, which +<span class="pgnm"><a name="Page_274" id="Page_274">[Pg 274]</a></span> +is now of four or five years’ growth, which is fostered +by a mistaken avarice, and like other habits hard to +part with. For there is really very little money hereabouts.</p> + +<p>What you say of the practice of our distinguished +Tories perfectly agrees with my own observation, and +the attempts to raise prejudices against the French, I +know, were begun when I lived below. What gave me +the utmost pain was to see some men, indeed very many, +who were thought good Whigs, keep company with the +miscreants,—wretches who, I am satisfied, were laboring +our destruction. This countenance shown them is +of fatal tendency. They should be shunned and execrated, +and this is the only way to supply the place of +legal conviction and punishment. But this is an effort +of virtue, small as it seems, of which our countrymen +are not capable.</p> + +<p>Indeed, I will own to you, my dear Sir, that observing +this impunity and even respect, which some wicked +individuals have met with while their guilt was clear +as the sun, has sickened me, and made me sometimes +wish to be in retirement for the rest of my life. I will, +however, be down, on the next Assembly, if I am +chosen. My health, I am satisfied, will never again +permit a close application to sedentary business, and +I even doubt whether I can remain below long enough +to serve in the Assembly. I will, however, make the +trial.</p> + +<p>But tell me, do you remember any instance where +tyranny was destroyed and freedom established on its +ruins, among a people possessing so small a share of +virtue and public spirit? I recollect none, and this, +more than the British arms, makes me fearful of final +<span class="pgnm"><a name="Page_275" id="Page_275">[Pg 275]</a></span> +success without a reform. But when or how this is to +be effected, I have not the means of judging. I most +sincerely wish you health and prosperity. If you can +spare time to drop me a line now and then, it will be +highly obliging to, dear Sir, your affectionate friend +and obedient servant,</p> + +<p class="right1"> +<span class="smcap">P. Henry.</span><a name="FNanchor315" id="FNanchor315"></a><a href="#Footnote-315" class="fnanchor">[315]</a> +</p></div> + +<p>The next General Assembly, which he thus +promised to attend in case he should be chosen, +met at Richmond on the 1st of May, 1780. It +hardly needs to be mentioned that the people of +Henry County were proud to choose him as one of +their members in that body; but he seems not to +have taken his seat there until about the 19th of +May.<a name="FNanchor316" id="FNanchor316"></a><a href="#Footnote-316" class="fnanchor">[316]</a> From the moment of his arrival in the +House of Delegates, every kind of responsibility +and honor was laid upon him. This was his first +appearance in such an assembly since the proclamation +of independence; and the prestige attaching +to his name, as well as his own undimmed +genius for leadership, made him not only the most +conspicuous person in the house, but the nearly +absolute director of its business in every detail +of opinion and of procedure on which he should +choose to express himself,—his only rival, in any +particular, being Richard Henry Lee. It helps +one now to understand the real reputation he had +among his contemporaries for practical ability, and +for a habit of shrinking from none of the commonplace +drudgeries of legislative work, that during +the first few days after his accession to the House +<span class="pgnm"><a name="Page_276" id="Page_276">[Pg 276]</a></span> +he was placed on the committee of ways and +means; on a committee “to inquire into the present +state of the account of the commonwealth +against the United States, and the most speedy +and effectual method of finally settling the same;” +on a committee to prepare a bill for the repeal of +a part of the act “for sequestering British property, +enabling those indebted to British subjects +to pay off such debts, and directing the proceedings +in suits where such subjects are parties;” on three +several committees respecting the powers and duties +of high sheriffs and of grand juries; and, +finally, on a committee to notify Jefferson of his +reëlection as governor, and to report his answer to +the House. On the 7th of June, however, after a +service of little more than two weeks, his own sad +apprehensions respecting his health seem to have +been realized, and he was obliged to ask leave to +withdraw from the House for the remainder of the +session.<a name="FNanchor317" id="FNanchor317"></a><a href="#Footnote-317" class="fnanchor">[317]</a></p> + +<p>At the autumn session of the legislature he was +once more in his place. On the 6th of November, +the day on which the House was organized, he was +made chairman of the committee on privileges and +elections, and also of a committee “for the better +defence of the southern frontier,” and was likewise +placed on the committee on propositions and grievances, +as well as on the committee on courts of +justice. On the following day he was made a +member of a committee for the defence of the eastern +<span class="pgnm"><a name="Page_277" id="Page_277">[Pg 277]</a></span> +frontier. On the 10th of November he was +placed on a committee to bring in a bill relating +to the enlistment of Virginia troops, and to the redemption +of the state bills of credit then in circulation, +and the emission of new bills. On the 22d +of November he was made a member of a committee +to which was again referred the account between +the State and the United States. On the +9th of December he was made a member of a committee +to draw up bills for the organization and +maintenance of a navy for the State, and the protection +of navigation and commerce upon its waters. +On the 14th of December he was made +chairman of a committee to draw up a bill for the +better regulation and discipline of the militia, and +of still another committee to prepare a bill “for +supplying the army with clothes and provisions.”<a name="FNanchor318" id="FNanchor318"></a><a href="#Footnote-318" class="fnanchor">[318]</a> +On the 28th of December, the House having knowledge +of the arrival in town of poor General Gates, +then drooping under the burden of those Southern +willows which he had so plentifully gathered at +Camden, Patrick Henry introduced the following +magnanimous resolution:—</p> + +<div class="blockquot"><p>“That a committee of four be appointed to wait on +Major General Gates, and to assure him of the high regard +and esteem of this House; that the remembrance +of his former glorious services cannot be obliterated by +any reverse of fortune; but that this House, ever mindful +of his great merit, will omit no opportunity of testifying +to the world the gratitude which, as a member of +<span class="pgnm"><a name="Page_278" id="Page_278">[Pg 278]</a></span> +the American Union, this country owes to him in his +military character.”<a name="FNanchor319" id="FNanchor319"></a><a href="#Footnote-319" class="fnanchor">[319]</a></p></div> + +<p>On the 2d of January, 1781, the last day of the +session, the House adopted, on Patrick Henry’s +motion, a resolution authorizing the governor to +convene the next meeting of the legislature at +some other place than Richmond, in case its assembling +in that city should “be rendered inconvenient +by the operations of an invading enemy,”<a name="FNanchor320" id="FNanchor320"></a><a href="#Footnote-320" class="fnanchor">[320]</a> +a resolution reflecting their sense of the peril then +hanging over the State.</p> + +<p>Before the legislature could again meet, events +proved that it was no imaginary danger against +which Patrick Henry’s resolution had been intended +to provide. On the 2d of January, 1781, +the very day on which the legislature had adjourned, +a hostile fleet conveyed into the James +River a force of about eight hundred men under +command of Benedict Arnold, whose eagerness to +ravage Virginia was still further facilitated by the +arrival, on the 26th of March, of two thousand +men under General Phillips. Moreover, Lord +Cornwallis, having beaten General Greene at +Guilford, in North Carolina, on the 15th of +March, seemed to be gathering force for a speedy +advance into Virginia. That the roar of his guns +would soon be heard in the outskirts of their capital, +was what all Virginians then felt to be inevitable.<span class="pgnm"><a name="Page_279" id="Page_279">[Pg 279]</a></span></p> + +<p>Under such circumstances, it is not strange that +a session of the legislature, which is said to have +been held on the 1st of March,<a name="FNanchor321" id="FNanchor321"></a><a href="#Footnote-321" class="fnanchor">[321]</a> should have been +a very brief one, or that when the 7th of May +arrived—the day for its reassembling at Richmond—no +quorum should have been present; or +that, on the 10th of May, the few members who +had arrived in Richmond should have voted, in +deference to “the approach of an hostile army,”<a name="FNanchor322" id="FNanchor322"></a><a href="#Footnote-322" class="fnanchor">[322]</a> +to adjourn to Charlottesville,—a place of far +greater security, ninety-seven miles to the northwest, +among the mountains of Albemarle. By +the 20th of May, Cornwallis reached Petersburg, +twenty-three miles south of Richmond; and shortly +afterward, pushing across the James and the Chickahominy, +he encamped on the North Anna, in the +county of Hanover. Thus, at last, the single +county of Louisa then separated him from that +county in which was the home of the governor of +the State, and where was then convened its legislature,—Patrick +Henry himself being present and +in obvious direction of all its business. The opportunity +to bag such game, Lord Cornwallis was +not the man to let slip. Accordingly, on Sunday, +the 3d of June, he dispatched a swift expedition +under Tarleton, to surprise and capture the members +of the legislature, “to seize on the person of +the governor,” and “to spread on his route devastation +and terror.”<a name="FNanchor323" id="FNanchor323"></a><a href="#Footnote-323" class="fnanchor">[323]</a> In this entire scheme, doubtless,<span class="pgnm"><a name="Page_280" id="Page_280">[Pg 280]</a></span> +Tarleton would have succeeded, had it not +been that as he and his troopers, on that fair Sabbath +day, were hurrying past the Cuckoo tavern in +Louisa, one Captain John Jouette, watching from +behind the windows, espied them, divined their +object, and mounting a fleet horse, and taking a +shorter route, got into Charlottesville a few hours +in advance of them, just in time to give the alarm, +and to set the imperiled legislators a-flying to the +mountains for safety.</p> + +<p>Then, by all accounts, was witnessed a display +of the locomotive energies of grave and potent +senators, such as this world has not often exhibited. +Of this tragically comical incident, of course, +the journal of the House of Delegates makes only +the most placid and forbearing mention. For +Monday, June 4, its chief entry is as follows: +“There being reason to apprehend an immediate +incursion of the enemy’s cavalry to this place, +which renders it indispensable that the General +Assembly should forthwith adjourn to a place of +greater security; resolved, that this House be adjourned +until Thursday next, then to meet at the +town of Staunton, in the county of Augusta,”—a +town thirty-nine miles farther west, beyond a +chain of mountains, and only to be reached by +them or their pursuers through difficult passes in +the Blue Ridge. The next entry in the journal is +dated at Staunton, on the 7th of June, and, very +properly, is merely a prosaic and business-like +<span class="pgnm"><a name="Page_281" id="Page_281">[Pg 281]</a></span> +record of the reassembling of the House according +to the adjournment aforesaid.<a name="FNanchor324" id="FNanchor324"></a><a href="#Footnote-324" class="fnanchor">[324]</a></p> + +<p>But as to some of the things that happened in +that interval of panic and of scrambling flight, +popular tradition has not been equally forbearing; +and while the anecdotes upon that subject, which +have descended to our time, are very likely decorated +by many tassels of exaggeration and of +myth, they yet have, doubtless, some slight framework +of truth, and do really portray for us the +actual beliefs of many people in Virginia respecting +a number of their celebrated men, and especially +respecting some of the less celebrated traits +of those men. For example, it is related that on +the sudden adjournment of the House, caused by +this dusty and breathless apparition of the speedful +Jouette, and his laconic intimation that Tarleton +was coming, the members, though somewhat +accustomed to ceremony, stood not upon the order +of their going, but went at once,—taking first to +their horses, and then to the woods; and that, +breaking up into small parties of fugitives, they +thus made their several ways, as best they could, +through the passes of the mountains leading to the +much-desired seclusion of Staunton. One of these +parties consisted of Benjamin Harrison, Colonel +William Christian, John Tyler, and Patrick Henry. +Late in the day, tired and hungry, they stopped +their horses at the door of a small hut, in a gorge +of the hills, and asked for food. An old woman,<span class="pgnm"><a name="Page_282" id="Page_282">[Pg 282]</a></span> +who came to the door, and who was alone in the +house, demanded of them who they were, and +where they were from. Patrick Henry, who acted +as spokesman of the party, answered: “We are +members of the legislature, and have just been +compelled to leave Charlottesville on account of +the approach of the enemy.” “Ride on, then, ye +cowardly knaves,” replied she, in great wrath; +“here have my husband and sons just gone to +Charlottesville to fight for ye, and you running +away with all your might. Clear out—ye shall +have nothing here.” “But,” rejoined Mr. Henry, +in an expostulating tone, “we were obliged to fly. +It would not do for the legislature to be broken +up by the enemy. Here is Mr. Speaker Harrison; +you don’t think he would have fled had it not been +necessary?” “I always thought a great deal of +Mr. Harrison till now,” answered the old woman; +“but he’d no business to run from the enemy,” +and she was about to shut the door in their faces. +“Wait a moment, my good woman,” urged Mr. +Henry; “you would hardly believe that Mr. Tyler +or Colonel Christian would take to flight if there +were not good cause for so doing?” “No, indeed, +that I wouldn’t,” she replied. “But,” exclaimed +he, “Mr. Tyler and Colonel Christian are here.” +“They here? Well, I never would have thought +it;” and she stood for a moment in doubt, but at +once added, “No matter. We love these gentlemen, +and I didn’t suppose they would ever run away +from the British; but since they have, they shall +<span class="pgnm"><a name="Page_283" id="Page_283">[Pg 283]</a></span> +have nothing to eat in my house. You may ride +along.” In this desperate situation Mr. Tyler then +stepped forward and said, “What would you say, +my good woman, if I were to tell you that Patrick +Henry fled with the rest of us?” “Patrick Henry! +I should tell you there wasn’t a word of truth in +it,” she answered angrily; “Patrick Henry would +never do such a cowardly thing.” “But this is +Patrick Henry,” said Mr. Tyler, pointing to him. +The old woman was amazed; but after some reflection, +and with a convulsive twitch or two at her +apron string, she said, “Well, then, if that’s Patrick +Henry, it must be all right. Come in, and +ye shall have the best I have in the house.”<a name="FNanchor325" id="FNanchor325"></a><a href="#Footnote-325" class="fnanchor">[325]</a></p> + +<p>The pitiless tongue of tradition does not stop +here, but proceeds to narrate other alleged experiences +of this our noble, though somewhat disconcerted, +Patrick. Arrived at last in Staunton, and +walking through its reassuring streets, he is said +to have met one Colonel William Lewis, to whom +the face of the orator was then unknown; and to +have told to this stranger the story of the flight +of the legislature from Albemarle. “If Patrick +Henry had been in Albemarle,” was the stranger’s +comment, “the British dragoons never would have +passed over the Rivanna River.”<a name="FNanchor326" id="FNanchor326"></a><a href="#Footnote-326" class="fnanchor">[326]</a></p> + +<p>The tongue of tradition, at last grown quite reckless, +perhaps, of its own credit, still further relates +<span class="pgnm"><a name="Page_284" id="Page_284">[Pg 284]</a></span> +that even at Staunton these illustrious fugitives +did not feel entirely sure that they were beyond +the reach of Tarleton’s men. A few nights after +their arrival there, as the story runs, upon some +sudden alarm, several of them sprang from their +beds, and, imperfectly clapping on their clothes, +fled out of the town, and took refuge at the plantation +of one Colonel George Moffett, near which, +they had been told, was a cave in which they might +the more effectually conceal themselves. Mrs. +Moffett, though not knowing the names of these +flitting Solons, yet received them with true Virginian +hospitality: but the next morning, at breakfast, +she made the unlucky remark that there was +one member of the legislature who certainly would +not have run from the enemy. “Who is he?” +was then asked. Her reply was, “Patrick Henry.” +At that moment a gentleman of the party, himself +possessed of but one boot, was observed to blush +considerably. Furthermore, as soon as possible +after breakfast, these imperiled legislators departed +in search of the cave; shortly after which a negro +from Staunton rode up, carrying in his hand a +solitary boot, and inquiring earnestly for Patrick +Henry. In that way, as the modern reporter of +this very debatable tradition unkindly adds, the +admiring Mrs. Moffett ascertained who it was that +the boot fitted; and he further suggests that, whatever +Mrs. Moffett’s emotions were at that time, +those of Patrick must have been, “Give me liberty, +but not death.”<a name="FNanchor327" id="FNanchor327"></a><a href="#Footnote-327" class="fnanchor">[327]</a></p> + +<p><span class="pgnm"><a name="Page_285" id="Page_285">[Pg 285]</a></span> +Passing by these whimsical tales, we have now +to add that the legislature, having on the 7th of +June entered upon its work at Staunton, steadily +continued it there until the 23d of the month, when +it adjourned in orderly fashion, to meet again in +the following October. Governor Jefferson, whose +second year of office had expired two days before +the flight of himself and the legislature from Charlottesville, +did not accompany that body to Staunton, +but pursued his own way to Poplar Forest +and to Bedford, where, “remote from the legislature,”<a name="FNanchor328" id="FNanchor328"></a><a href="#Footnote-328" class="fnanchor">[328]</a> +he remained during the remainder of its +session. On the 12th of June, Thomas Nelson was +elected as his successor in office.<a name="FNanchor329" id="FNanchor329"></a><a href="#Footnote-329" class="fnanchor">[329]</a></p> + + +<p>It was during this period of confusion and terror +that, as Jefferson alleges, the legislature once +more had before it the project of a dictator, in the +criminal sense of that word; and, upon Jefferson’s +private authority, both Wirt and Girardin long +afterward named Patrick Henry as the man who +was intended for this profligate honor.<a name="FNanchor330" id="FNanchor330"></a><a href="#Footnote-330" class="fnanchor">[330]</a> We need +not here repeat what was said, in our narrative of +the closing weeks of 1776, concerning this terrible +posthumous imputation upon the public and private +character of Patrick Henry. Nearly everything +which then appeared to the discredit of this charge +in connection with the earlier date, is equally applicable +<span class="pgnm"><a name="Page_286" id="Page_286">[Pg 286]</a></span> +to it in connection with the later date also. +Moreover, as regards this later date, there has recently +been discovered a piece of contemporaneous +testimony which shows that, whatever may have +been the scheme for a dictatorship in Virginia in +1781, it was a great military chieftain who was +wanted for the position; and, apparently, that Patrick +Henry was not then even mentioned in the +affair. On the 9th of June, 1781, Captain H. +Young, though not a member of the House of +Delegates, writes from Staunton to Colonel William +Davies as follows: “Two days ago, Mr. Nicholas +gave notice that he should this day move to +have a dictator appointed. General Washington +and General Greene are talked of. I dare say +your knowledge of these worthy gentlemen will be +sufficient to convince you that neither of them will, +or ought to, accept of such an appointment.… +We have but a thin House of Delegates; but they +are zealous, I think, in the cause of virtue.”<a name="FNanchor331" id="FNanchor331"></a><a href="#Footnote-331" class="fnanchor">[331]</a> Furthermore, +the journal of that House contains no +record of any such motion having been made; and +it is probable that it never was made, and that the +subject never came before the legislature in any +such form as to call for its notice.</p> + +<p>Finally, with respect to both the dates mentioned +by Jefferson for the appearance of the scheme, +Edmund Randolph has left explicit testimony to +the effect that such a scheme never had any substantial +existence at all: “Mr. Jefferson, in his +<span class="pgnm"><a name="Page_287" id="Page_287">[Pg 287]</a></span> +Notes on Virginia, speaks with great bitterness +against those members of the Assembly in the years +1776 and 1781, who espoused the erection of a +dictator. Coming from such authority, the invective +infects the character of the legislature, notwithstanding +he has restricted the charge to less +than a majority, and acknowledged the spotlessness +of most of them.… The subject was never before +them, except as an article of newspaper intelligence, +and even then not in a form which called +for their attention. Against this unfettered monster, +which deserved all the impassioned reprobation +of Mr. Jefferson, their tones, it may be +affirmed, would have been loud and tremendous.”<a name="FNanchor332" id="FNanchor332"></a><a href="#Footnote-332" class="fnanchor">[332]</a></p> + +<p>For its autumn session, in 1781, the legislature +did not reach an organization until the 19th of +November,—just one month after the surrender +of Cornwallis. Eight days after the organization +of the House, Patrick Henry took his seat;<a name="FNanchor333" id="FNanchor333"></a><a href="#Footnote-333" class="fnanchor">[333]</a> and +after a service of less than four weeks, he obtained +leave of absence for the remainder of the session.<a name="FNanchor334" id="FNanchor334"></a><a href="#Footnote-334" class="fnanchor">[334]</a> +During 1782 his attendance upon the House seems +to have been limited to the spring session. At +the organization of the House, on the 12th of May, +1783, he was in his place again, and during that +session, as well as the autumnal one, his attendance +was close and laborious. At both sessions of the +House in 1784 he was present and in full force;<span class="pgnm"><a name="Page_288" id="Page_288">[Pg 288]</a></span> +but in the very midst of these employments he was +interrupted by his election as governor, on the +17th of November,—shortly after which, he withdrew +to his country-seat in order to remove his +family thence to the capital.</p> + +<p>In the course of all these labors in the legislature, +and amid a multitude of topics merely local and +temporary, Patrick Henry had occasion to deal +publicly, and under the peculiar responsibilities of +leadership, with nearly all the most important and +difficult questions that came before the American +people during the later years of the war and the +earlier years of the peace. The journal of the +House for that period omits all mention of words +spoken in debate; and although it does occasionally +enable us to ascertain on which side of certain +questions Patrick Henry stood, it leaves us in total +ignorance of his reasons for any position which +he chose to take. In trying, therefore, to estimate +the quality of his statesmanship when dealing with +these questions, we lack a part of the evidence +which is essential to any just conclusion; and we +are left peculiarly at the mercy of those sweeping +censures which have been occasionally applied to +his political conduct during that period.<a name="FNanchor335" id="FNanchor335"></a><a href="#Footnote-335" class="fnanchor">[335]</a></p> + +<p>On the assurance of peace, in the spring of 1783, +perhaps the earliest and the knottiest problem +which had to be taken up was the one relating to +that vast body of Americans who then bore the +<span class="pgnm"><a name="Page_289" id="Page_289">[Pg 289]</a></span> +contumelious name of Tories,—those Americans +who, against all loss and ignominy, had steadily +remained loyal to the unity of the British empire, +unflinching in their rejection of the constitutional +heresy of American secession. How should these +execrable beings—the defeated party in a long +and most rancorous civil war—be treated by the +party which was at last victorious? Many of them +were already in exile: should they be kept there? +Many were still in this country: should they be +banished from it? As a matter of fact, the exasperation +of public feeling against the Tories was, +at that time, so universal and so fierce that no +statesman could then lift up his voice in their +favor without dashing himself against the angriest +currents of popular opinion and passion, and risking +the loss of the public favor toward himself. +Nevertheless, precisely this is what Patrick Henry +had the courage to do. While the war lasted, no +man spoke against the Tories more sternly than +did he. The war being ended, and its great purpose +secured, no man, excepting perhaps Alexander +Hamilton, was so prompt and so energetic in +urging that all animosities of the war should be +laid aside, and that a policy of magnanimous +forbearance should be pursued respecting these +baffled opponents of American independence. It +was in this spirit that, as soon as possible after the +cessation of hostilities, he introduced a bill for the +repeal of an act “to prohibit intercourse with, and +the admission of British subjects into” Virginia,<a name="FNanchor336" id="FNanchor336"></a><a href="#Footnote-336" class="fnanchor">[336]</a>—language +<span class="pgnm"><a name="Page_290" id="Page_290">[Pg 290]</a></span> +well understood to refer to the Tories. +This measure, we are told, not only excited surprise, +but “was, at first, received with a repugnance +apparently insuperable.” Even his intimate +friend John Tyler, the speaker of the House, +hotly resisted it in the committee of the whole, +and in the course of his argument, turning to Patrick +Henry, asked “how he, above all other men, +could think of inviting into his family an enemy +from whose insults and injuries he had suffered so +severely?”</p> + +<p>In reply to this appeal, Patrick Henry declared +that the question before them was not one of personal +feeling; that it was a national question; and +that in discussing it they should be willing to sacrifice +all personal resentments, all private wrongs. +He then proceeded to unfold the proposition that +America had everything out of which to make a +great nation—except people.</p> + +<div class="blockquot"><p>“Your great want, sir, is the want of men; and these +you must have, and will have speedily, if you are wise. +Do you ask how you are to get them? Open your +doors, sir, and they will come in. The population of +the Old World is full to overflowing; that population +is ground, too, by the oppressions of the governments +under which they live. Sir, they are already standing +on tiptoe upon their native shores, and looking to your +coasts with a wishful and longing eye.… But gentlemen +object to any accession from Great Britain, and +particularly to the return of the British refugees. Sir, +I feel no objection to the return of those deluded +<span class="pgnm"><a name="Page_291" id="Page_291">[Pg 291]</a></span> +people. They have, to be sure, mistaken their own +interests most wofully, and most wofully have they +suffered the punishment due to their offences. But the +relations which we bear to them and to their native +country are now changed. Their king hath acknowledged +our independence. The quarrel is over. Peace +hath returned, and found us a free people. Let us have +the magnanimity, sir, to lay aside our antipathies and +prejudices, and consider the subject in a political light. +Those are an enterprising, moneyed people. They will +be serviceable in taking off the surplus produce of our +lands, and supplying us with necessaries during the +infant state of our manufactures. Even if they be +inimical to us in point of feeling and principle, I can +see no objection, in a political view, in making them +tributary to our advantage. And, as I have no prejudices +to prevent my making this use of them, so, sir, +I have no fear of any mischief that they can do us. +Afraid of them? What, sir [said he, rising to one of +his loftiest attitudes, and assuming a look of the most +indignant and sovereign contempt], shall we, who have +laid the proud British lion at our feet, now be afraid of +his whelps?”<a name="FNanchor337" id="FNanchor337"></a><a href="#Footnote-337" class="fnanchor">[337]</a></p></div> + +<p>In the same spirit he dealt with the restraints +on British commerce imposed during the war,—a +question similar to the one just mentioned, at least +in this particular, that it was enveloped in the +angry prejudices born of the conflict just ended. +The journal for the 13th of May, 1783, has this +entry: “Mr. Henry presented, according to order, +a bill ‘to repeal the several Acts of Assembly for +<span class="pgnm"><a name="Page_292" id="Page_292">[Pg 292]</a></span> +seizure and condemnation of British goods found +on land;’ and the same was received and read the +first time, and ordered to be read a second time.” +In advocating this measure, he seems to have lifted +the discussion clear above all petty considerations +to the plane of high and permanent principle, and, +according to one of his chief antagonists in that +debate, to have met all objections by arguments +that were “beyond all expression eloquent and +sublime.” After describing the embarrassments +and distresses of the situation and their causes, he +took the ground that perfect freedom was as necessary +to the health and vigor of commerce as it was +to the health and vigor of citizenship. “Why +should we fetter commerce? If a man is in chains, +he droops and bows to the earth, for his spirits are +broken; but let him twist the fetters from his legs, +and he will stand erect. Fetter not commerce, sir. +Let her be as free as air; she will range the whole +creation, and return on the wings of the four winds +of heaven, to bless the land with plenty.”<a name="FNanchor338" id="FNanchor338"></a><a href="#Footnote-338" class="fnanchor">[338]</a></p> + +<p>Besides these and other problems in the foreign +relations of the country, there remained, of course, +at the end of the war, several vast domestic +problems for American statesmanship to grapple +with,—one of these being the relations of the +white race to their perpetual neighbors, the Indians. +In the autumn session of 1784, in a series +of efforts said to have been marked by “irresistible +earnestness and eloquence,” he secured the +<span class="pgnm"><a name="Page_293" id="Page_293">[Pg 293]</a></span> +favorable attention of the House to this ancient +problem, and even to his own daring and statesmanlike +solution of it. The whole subject, as +he thought, had been commonly treated by the +superior race in a spirit not only mean and hard, +but superficial also; the result being nearly two +centuries of mutual suspicion, hatred, and slaughter. +At last the time had come for the superior race +to put an end to this traditional disaster and disgrace. +Instead of tampering with the difficulty +by remedies applied merely to the surface, he was +for striking at the root of it, namely, at the deep +divergence in sympathy and in interest between +the two races. There was but one way in which +to do this: it was for the white race to treat the +Indians, consistently, as human beings, and as fast +as possible to identify their interests with our own +along the entire range of personal concerns,—in +property, government, society, and, especially, in +domestic life. In short, he proposed to encourage, +by a system of pecuniary bounties, the practice of +marriage between members of the two races, believing +that such ties, once formed, would be an +inviolable pledge of mutual friendship, fidelity, +and forbearance, and would gradually lead to the +transformation of the Indians into a civilized and +Christian people. His bill for this purpose, elaborately +drawn up, was carried through its second +reading and “engrossed for its final passage,” +when, by his sudden removal from the floor of the +House to the governor’s chair, the measure was +<span class="pgnm"><a name="Page_294" id="Page_294">[Pg 294]</a></span> +deprived of its all-conquering champion, and, on +the third reading, it fell a sacrifice to the Caucasian +rage and scorn of the members.</p> + +<p>It is proper to note, also, that during this period +of service in the legislature Patrick Henry marched +straight against public opinion, and jeoparded his +popularity, on two or three other subjects. For +example, the mass of the people of Virginia were +then so angrily opposed to the old connection between +church and state that they occasionally saw +danger even in projects which in no way involved +such a connection. This was the case with Patrick +Henry’s necessary and most innocent measure “for +the incorporation of all societies of the Christian +religion which may apply for the same;” likewise, +his bill for the incorporation of the clergy of the +Episcopal Church; and, finally, his more questionable +and more offensive resolution for requiring all +citizens of the State to contribute to the expense of +supporting some form of religious worship according +to their own preference.</p> + +<p>Whether, in these several measures, Patrick +Henry was right or wrong, one thing, at least, is +obvious: no politician who could thus beard in his +very den the lion of public opinion can be accurately +described as a demagogue.</p> + +<p>With respect to those amazing gifts of speech +by which, in the House of Delegates, he thus repeatedly +swept all opposition out of his way, and +made people think as he wished them to do, often +in the very teeth of their own immediate interests +<span class="pgnm"><a name="Page_295" id="Page_295">[Pg 295]</a></span> +or prepossessions, an amusing instance was mentioned, +many years afterward, by President James +Madison. During the war Virginia had paid her +soldiers in certificates for the amounts due them, +to be redeemed in cash at some future time. In +many cases, the poverty of the soldiers had induced +them to sell these certificates, for trifling sums in +ready money, to certain speculators, who were thus +making a traffic out of the public distress. For +the purpose of checking this cruel and harmful +business, Madison brought forward a suitable bill, +which, as he told the story, Patrick Henry supported +with an eloquence so irresistible that it +was carried through the House without an opposing +vote; while a notorious speculator in these very +certificates, having listened from the gallery to +Patrick Henry’s speech, at its conclusion so far +forgot his own interest in the question as to exclaim, +“That bill ought to pass.”<a name="FNanchor339" id="FNanchor339"></a><a href="#Footnote-339" class="fnanchor">[339]</a></p> + +<p>Concerning his appearance and his manner of +speech in those days, a bit of testimony comes +down to us from Spencer Roane, who, as he tells +us, first “met with Patrick Henry in the Assembly +of 1783.” He adds:—</p> + +<div class="blockquot"><p>“I also then met with R. H. Lee.… I lodged with +Lee one or two sessions, and was perfectly acquainted +with him, while I was yet a stranger to Mr. H. These +two gentlemen were the great leaders in the House of +Delegates, and were almost constantly opposed. Notwithstanding +my habits of intimacy with Mr. Lee, I +<span class="pgnm"><a name="Page_296" id="Page_296">[Pg 296]</a></span> +found myself obliged to vote with P. H. against him in +’83, and against Madison in ’84, … but with several +important exceptions. I voted against him (P. H.), I +recollect, on the subject of the refugees,—he was for +permitting their return; on the subject of a general +assessment; and the act incorporating the Episcopal +Church. I voted with him, in general, because he was, +I thought, a more practical statesman than Madison +(time has made Madison more practical), and a less +selfish one than Lee. As an orator, Mr. Henry demolished +Madison with as much ease as Samson did the +cords that bound him before he was shorn. Mr. Lee +held a greater competition.… Mr. Lee was a polished +gentleman. His person was not very good; and he had +lost the use of one of his hands; but his manner was +perfectly graceful. His language was always chaste, +and, although somewhat too monotonous, his speeches +were always pleasing; yet he did not ravish your senses, +nor carry away your judgment by storm.… Henry +was almost always victorious. He was as much superior +to Lee in temper as in eloquence.… Mr. Henry was +inferior to Lee in the gracefulness of his action, and +perhaps also in the chasteness of his language; yet his +language was seldom incorrect, and his address always +striking. He had a fine blue eye; and an earnest manner +which made it impossible not to attend to him. His +speaking was unequal, and always rose with the subject +and the exigency. In this respect, he entirely differed +from Mr. Lee, who always was equal. At some times, +Mr. Henry would seem to hobble, especially in the beginning +of his speeches; and, at others, his tones would +be almost disagreeable; yet it was by means of his +tones, and the happy modulation of his voice, that his +<span class="pgnm"><a name="Page_297" id="Page_297">[Pg 297]</a></span> +speaking perhaps had its greatest effect. He had a +happy articulation, and a clear, distinct, strong voice; +and every syllable was distinctly uttered. He was very +unassuming as to himself, amounting almost to humility, +and very respectful towards his competitor; the consequence +was that no feeling of disgust or animosity was +arrayed against him. His exordiums in particular were +often hobbling and always unassuming. He knew mankind +too well to promise much.… He was great at a +reply, and greater in proportion to the pressure which +was bearing upon him. The resources of his mind and +of his eloquence were equal to any drafts which could +be made upon them. He took but short notes of what +fell from his adversaries, and disliked the drudgery of +composition; yet it is a mistake to say that he could +not write well.”<a name="FNanchor340" id="FNanchor340"></a><a href="#Footnote-340" class="fnanchor">[340]</a></p></div> + + +<div class="footnotes"> +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-311" id="Footnote-311"></a><a href="#FNanchor311"><span class="label">[311]</span></a> Rives, <i>Life of Madison</i>, i. 189, note.</p></div> + +<div class="footnote"><p><a name="Footnote-312" id="Footnote-312"></a><a href="#FNanchor312"><span class="label">[312]</span></a> <i>Jour. Va. House Del.</i> 54.</p></div> + +<div class="footnote"><p><a name="Footnote-313" id="Footnote-313"></a><a href="#FNanchor313"><span class="label">[313]</span></a> <i>Jour. Va. House Del.</i> 27.</p></div> + +<div class="footnote"><p><a name="Footnote-314" id="Footnote-314"></a><a href="#FNanchor314"><span class="label">[314]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-315" id="Footnote-315"></a><a href="#FNanchor315"><span class="label">[315]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-316" id="Footnote-316"></a><a href="#FNanchor316"><span class="label">[316]</span></a> <i>Jour. Va. House Del.</i> 14.</p></div> + +<div class="footnote"><p><a name="Footnote-317" id="Footnote-317"></a><a href="#FNanchor317"><span class="label">[317]</span></a> <i>Jour. Va. House Del.</i> 14, 15, 18, 25, 28, 31, 39.</p></div> + +<div class="footnote"><p><a name="Footnote-318" id="Footnote-318"></a><a href="#FNanchor318"><span class="label">[318]</span></a> <i>Jour. Va. House Del.</i> 7, 8, 10, 14, 24, 45, 50, 51.</p></div> + +<div class="footnote"><p><a name="Footnote-319" id="Footnote-319"></a><a href="#FNanchor319"><span class="label">[319]</span></a> <i>Jour. Va. House Del.</i> 71.</p></div> + +<div class="footnote"><p><a name="Footnote-320" id="Footnote-320"></a><a href="#FNanchor320"><span class="label">[320]</span></a> <i>Ibid.</i> 79.</p></div> + +<div class="footnote"><p><a name="Footnote-321" id="Footnote-321"></a><a href="#FNanchor321"><span class="label">[321]</span></a> Burk, <i>Hist. Va.</i> iv. 491.</p></div> + +<div class="footnote"><p><a name="Footnote-322" id="Footnote-322"></a><a href="#FNanchor322"><span class="label">[322]</span></a> <i>Jour. Va. House Del.</i> 1.</p></div> + +<div class="footnote"><p><a name="Footnote-323" id="Footnote-323"></a><a href="#FNanchor323"><span class="label">[323]</span></a> Burk, <i>Hist. Va.</i> iv. 496-497.</p></div> + +<div class="footnote"><p><a name="Footnote-324" id="Footnote-324"></a><a href="#FNanchor324"><span class="label">[324]</span></a> <i>Jour. Va. House Del.</i> 10.</p></div> + +<div class="footnote"><p><a name="Footnote-325" id="Footnote-325"></a><a href="#FNanchor325"><span class="label">[325]</span></a> L. G. Tyler, <i>Letters and Times of the Tylers</i>, i. 81-83, where it +is said to be taken from Abel’s <i>Life of John Tyler</i>.</p></div> + +<div class="footnote"><p><a name="Footnote-326" id="Footnote-326"></a><a href="#FNanchor326"><span class="label">[326]</span></a> Peyton, <i>Hist. Augusta Co.</i> 211.</p></div> + +<div class="footnote"><p><a name="Footnote-327" id="Footnote-327"></a><a href="#FNanchor327"><span class="label">[327]</span></a> Peyton, <i>Hist. Augusta Co.</i> 211.</p></div> + +<div class="footnote"><p><a name="Footnote-328" id="Footnote-328"></a><a href="#FNanchor328"><span class="label">[328]</span></a> Randall, <i>Life of Jefferson</i>, i. 352.</p></div> + +<div class="footnote"><p><a name="Footnote-329" id="Footnote-329"></a><a href="#FNanchor329"><span class="label">[329]</span></a> <i>Jour. Va. House Del.</i> 15.</p></div> + +<div class="footnote"><p><a name="Footnote-330" id="Footnote-330"></a><a href="#FNanchor330"><span class="label">[330]</span></a> <i>Jefferson’s Writings</i>, viii. 368; Wirt, 231; Girardin, in Burk. +<i>Hist. Va.</i> iv. App. pp. xi.-xii.; Randall, <i>Life of Jefferson</i>, i. 348-352.</p></div> + +<div class="footnote"><p><a name="Footnote-331" id="Footnote-331"></a><a href="#FNanchor331"><span class="label">[331]</span></a> <i>Calendar Va. State Papers</i>, ii. 152.</p></div> + +<div class="footnote"><p><a name="Footnote-332" id="Footnote-332"></a><a href="#FNanchor332"><span class="label">[332]</span></a> MS. <i>Hist. Va.</i></p></div> + +<div class="footnote"><p><a name="Footnote-333" id="Footnote-333"></a><a href="#FNanchor333"><span class="label">[333]</span></a> <i>Jour. Va. House Del.</i> for Nov. 27.</p></div> + +<div class="footnote"><p><a name="Footnote-334" id="Footnote-334"></a><a href="#FNanchor334"><span class="label">[334]</span></a> <i>Jour. Va. House Del.</i> for Dec. 21.</p></div> + +<div class="footnote"><p><a name="Footnote-335" id="Footnote-335"></a><a href="#FNanchor335"><span class="label">[335]</span></a> For example, <i>Bland Papers</i>, ii. 51; Rives, <i>Life of Madison</i>, +i. 536; ii. 240, note.</p></div> + +<div class="footnote"><p><a name="Footnote-336" id="Footnote-336"></a><a href="#FNanchor336"><span class="label">[336]</span></a> <i>Jour. Va. House Del.</i> 42.</p></div> + +<div class="footnote"><p><a name="Footnote-337" id="Footnote-337"></a><a href="#FNanchor337"><span class="label">[337]</span></a> John Tyler, in Wirt, 233, 236.</p></div> + +<div class="footnote"><p><a name="Footnote-338" id="Footnote-338"></a><a href="#FNanchor338"><span class="label">[338]</span></a> John Tyler, in Wirt, 237-238.</p></div> + +<div class="footnote"><p><a name="Footnote-339" id="Footnote-339"></a><a href="#FNanchor339"><span class="label">[339]</span></a> Howe, <i>Hist. Coll. Va.</i> 222.</p></div> + +<div class="footnote"><p><a name="Footnote-340" id="Footnote-340"></a><a href="#FNanchor340"><span class="label">[340]</span></a> MS.</p></div> +</div> + +<p><span class="pgnm"><a name="Page_298" id="Page_298">[Pg 298]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER XVII <br /> +<span class="hsub">SHALL THE CONFEDERATION BE MADE STRONGER?</span></h2> + + +<p>We have now arrived at the second period of +Patrick Henry’s service as governor of Virginia, +beginning with the 30th of November, 1784. For +the four or five years immediately following that +date, the salient facts in his career seem to group +themselves around the story of his relation to that +vast national movement which ended in an entire +reorganization of the American Republic under a +new Constitution. Whoever will take the trouble +to examine the evidence now at hand bearing upon +the case, can hardly fail to convince himself that +the true story of Patrick Henry’s opposition to +that great movement has never yet been told. Men +have usually misconceived, when they have not altogether +overlooked, the motives for his opposition, +the spirit in which he conducted it, and the beneficent +effects which were accomplished by it; while +his ultimate and firm approval of the new Constitution, +after it had received the chief amendments +called for by his criticisms, has been passionately +described as an example of gross political fickleness +and inconsistency, instead of being, as it really +was, a most logical proceeding on his part, and in +<span class="pgnm"><a name="Page_299" id="Page_299">[Pg 299]</a></span> +perfect harmony with the principles underlying his +whole public career.</p> + +<p>Before entering on a story so fascinating for the +light it throws on the man and on the epoch, it is +well that we should stay long enough to glance at +what we may call the incidental facts in his life, +for these four or five years now to be looked into.</p> + +<p>Not far from the time of his thus entering once +more upon the office of governor, occurred the +death of his aged mother, at the home of his +brother-in-law, Colonel Samuel Meredith of Winton, +who, in a letter to the governor, dated November +22, 1784, speaks tenderly of the long illness +which had preceded the death of the venerable +lady, and especially of the strength and beauty of +her character:—</p> + +<div class="blockquot"><p>“She has been in my family upwards of eleven years; +and from the beginning of that time to the end, her life +appeared to me most evidently to be a continued manifestation +of piety and devotion, guided by such a great +share of good sense as rendered her amiable and agreeable +to all who were so happy as to be acquainted with +her. Never have I known a Christian character equal +to hers.”<a name="FNanchor341" id="FNanchor341"></a><a href="#Footnote-341" class="fnanchor">[341]</a></p></div> + +<p>On bringing his family to the capital, in November, +1784, from the far-away solitude of Leatherwood, +the governor established them, not within +the city itself, but across the James River, at a +place called Salisbury. What with children and +with grandchildren, his family had now become +<span class="pgnm"><a name="Page_300" id="Page_300">[Pg 300]</a></span> +a patriarchal one; and some slight glimpse of +himself and of his manner of life at that time is +given us in the memorandum of Spencer Roane. +In deference to “the ideas attached to the office of +governor, as handed down from the royal government,” +he is said to have paid careful attention to +his costume and personal bearing before the public, +never going abroad except in black coat, waistcoat, +and knee-breeches, in scarlet cloak, and in dressed +wig. Moreover, his family “were furnished with +an excellent coach, at a time when these vehicles +were not so common as at present. They lived as +genteelly, and associated with as polished society, +as that of any governor before or since has ever +done. He entertained as much company as others, +and in as genteel a style; and when, at the end of +two years, he resigned the office, he had greatly +exceeded the salary, and [was] in debt, which was +one cause that induced him to resume the practice +of the law.”<a name="FNanchor342" id="FNanchor342"></a><a href="#Footnote-342" class="fnanchor">[342]</a></p> + +<p>During his two years in the governorship, his +duties concerned matters of much local importance, +indeed, but of no particular interest at present. To +this remark one exception may be found in some +passages of friendly correspondence between the +governor and Washington,—the latter then enjoying +the long-coveted repose of Mt. Vernon. In +January, 1785, the Assembly of Virginia vested in +Washington certain shares in two companies, just +then formed, for opening and extending the navigation +<span class="pgnm"><a name="Page_301" id="Page_301">[Pg 301]</a></span> +of the James and Potomac rivers.<a name="FNanchor343" id="FNanchor343"></a><a href="#Footnote-343" class="fnanchor">[343]</a> In response +to Governor Henry’s letter communicating +this act, Washington wrote on the 27th of February, +stating his doubts about accepting such a gratuity, +but at the same time asking the governor as +a friend to assist him in the matter by his advice. +Governor Henry’s reply is of interest to us, not +only for its allusion to his own domestic anxieties +at the time, but for its revelation of the frank and +cordial relations between the two men:—</p> + +<div class="blockquot"> +<p class="right1"><span class="smcap">Richmond</span>, March 12th, 1785.</p> + +<p><span class="smcap">Dear Sir</span>,—The honor you are pleased to do me, +in your favor of the 27th ultimo, in which you desire my +opinion in a friendly way concerning the act enclosed +you lately, is very flattering to me. I did not receive +the letter till Thursday, and since that my family has +been very sickly. My oldest grandson, a fine boy indeed, +about nine years old, lays at the point of death. +Under this state of uneasiness and perturbation, I feel +some unfitness to consider a subject of so delicate a nature +as that you have desired my thoughts on. Besides, +I have some expectation of a conveyance more proper, +it may be, than the present, when I would wish to send +you some packets received from Ireland, which I fear +the post cannot carry at once. If he does not take them +free, I shan’t send them, for they are heavy. Captain +Boyle, who had them from Sir Edward Newenham, +wishes for the honor of a line from you, which I have +promised to forward to him.</p> + +<p>I will give you the trouble of hearing from me next +<span class="pgnm"><a name="Page_302" id="Page_302">[Pg 302]</a></span> +post, if no opportunity presents sooner, and, in the mean +time, I beg you to be persuaded that, with the most +sincere attachment, I am, dear sir, your most obedient +servant,</p> + +<p class="right1"> +<span class="smcap">P. Henry.</span><a name="FNanchor344" id="FNanchor344"></a><a href="#Footnote-344" class="fnanchor">[344]</a> +</p> + +<p><span class="smcap">General Washington.</span></p> +</div> + +<p>The promise contained in this letter was fulfilled +on the 19th of the same month, when the governor +wrote to Washington a long and careful statement +of the whole case, urging him to accept the shares, +and closing his letter with an assurance of his +“unalterable affection” and “most sincere attachment,”<a name="FNanchor345" id="FNanchor345"></a><a href="#Footnote-345" class="fnanchor">[345]</a>—a +subscription not common among public +men at that time.</p> + +<p>On the 30th of November, 1786, having declined +to be put in nomination for a third year, as permitted +by the Constitution, he finally retired from +the office of governor. The House of Delegates, +about the same time, by unanimous vote, crowned +him with the public thanks, “for his wise, prudent, +and upright administration, during his last +appointment of chief magistrate of this Commonwealth; +assuring him that they retain a perfect +sense of his abilities in the discharge of the duties +of that high and important office, and wish him all +domestic happiness on his return to private life.”<a name="FNanchor346" id="FNanchor346"></a><a href="#Footnote-346" class="fnanchor">[346]</a></p> + +<p>This return to private life meant, among other +<span class="pgnm"><a name="Page_303" id="Page_303">[Pg 303]</a></span> +things, his return, after an interruption of more +than twelve years, to the practice of the law. For +this purpose he deemed it best to give up his remote +home at Leatherwood, and to establish himself +in Prince Edward County,—a place about +midway between his former residence and the capital, +and much better suited to his convenience, as +an active practitioner in the courts. Accordingly, +in Prince Edward County he continued to reside +from the latter part of 1786 until 1795. Furthermore, +by that county he was soon elected as one of +its delegates in the Assembly; and, resuming there +his old position as leader, he continued to serve in +every session until the end of 1790, at which time +he finally withdrew from all official connection +with public life. Thus it happened that, by his +retirement from the governorship in 1786, and by +his almost immediate restoration to the House of +Delegates, he was put into a situation to act most +aggressively and most powerfully on public opinion +in Virginia during the whole period of the struggle +over the new Constitution.</p> + +<p>As regards his attitude toward that great business, +we need, first of all, to clear away some obscurity +which has gathered about the question of +his habitual views respecting the relations of the +several States to the general government. It has +been common to suppose that, even prior to the +movement for the new Constitution, Patrick Henry +had always been an extreme advocate of the rights +of the States as opposed to the central authority +<span class="pgnm"><a name="Page_304" id="Page_304">[Pg 304]</a></span> +of the Union; and that the tremendous resistance +which he made to the new Constitution in all stages +of the affair prior to the adoption of the first +group of amendments is to be accounted for as the +effect of an original and habitual tendency of his +mind.<a name="FNanchor347" id="FNanchor347"></a><a href="#Footnote-347" class="fnanchor">[347]</a> Such, however, seems not to have been the +case.</p> + +<p>In general it may be said that, at the very outset +of the Revolution, Patrick Henry was one of the +first of our statesmen to recognize the existence +and the imperial character of a certain cohesive +central authority, arising from the very nature of +the revolutionary act which the several colonies +were then taking. As early as 1774, in the first +Continental Congress, it was he who exclaimed: +“All distinctions are thrown down. All America +is thrown into one mass.” “The distinctions between +Virginians, Pennsylvanians, New Yorkers, +and New Englanders are no more. I am not a +Virginian, but an American.” In the spring of +1776, at the approach of the question of independence, +it was he who even incurred reproach by his +anxiety to defer independence until after the basis +for a general government should have been established, +lest the several States, in separating from +England, should lapse into a separation from one +another also. As governor of Virginia from 1776 +to 1779, his official correspondence with the president +of Congress, with the board of war, and with +the general of the army is pervaded by proofs of +<span class="pgnm"><a name="Page_305" id="Page_305">[Pg 305]</a></span> +his respect for the supreme authority of the general +government within its proper sphere. Finally, +as a leader in the Virginia House of Delegates +from 1780 to 1784, he was in the main a supporter +of the policy of giving more strength and dignity +to the general government. During all that period, +according to the admission of his most unfriendly +modern critic, Patrick Henry showed himself “much +more disposed to sustain and strengthen the federal +authority” than did, for example, his great rival in +the House, Richard Henry Lee; and for the time +those two great men became “the living and active +exponents of two adverse political systems in both +state and national questions.”<a name="FNanchor348" id="FNanchor348"></a><a href="#Footnote-348" class="fnanchor">[348]</a> In 1784, by which +time the weakness of the general government had +become alarming, Patrick Henry was among the +foremost in Virginia to express alarm, and to propose +the only appropriate remedy. For example, +on the assembling of the legislature, in May of +that year, he took pains to seek an early interview +with two of his prominent associates in the House +of Delegates, Madison and Jones, for the express +purpose of devising with them some method of giving +greater strength to the Confederation. “I find +him,” wrote Madison to Jefferson immediately +after the interview, “strenuous for invigorating +the federal government, though without any precise +plan.”<a name="FNanchor349" id="FNanchor349"></a><a href="#Footnote-349" class="fnanchor">[349]</a> A more detailed account of the same +interview was sent to Jefferson by another correspondent.<span class="pgnm"><a name="Page_306" id="Page_306">[Pg 306]</a></span> +According to the latter, Patrick Henry +then declared that “he saw ruin inevitable, unless +something was done to give Congress a compulsory +process on delinquent States;” that “a bold example +set by Virginia” in that direction “would +have influence on the other States;” and that +“this conviction was his only inducement for coming +into the present Assembly.” Whereupon, it +was then agreed between them that “Jones and +Madison should sketch some plan for giving greater +power to the federal government; and Henry +promised to sustain it on the floor.”<a name="FNanchor350" id="FNanchor350"></a><a href="#Footnote-350" class="fnanchor">[350]</a> Finally, such +was the impression produced by Patrick Henry’s +political conduct during all those years that, as late +as in December, 1786, Madison could speak of him +as having “been hitherto the champion of the federal +cause.”<a name="FNanchor351" id="FNanchor351"></a><a href="#Footnote-351" class="fnanchor">[351]</a></p> + +<p>Not far, however, from the date last mentioned +Patrick Henry ceased to be “the champion of the +federal cause,” and became its chief antagonist, +and so remained until some time during Washington’s +first term in the presidency. What brought +about this sudden and total revolution? It can be +explained only by the discovery of some new influence +which came into his life between 1784 and +1786, and which was powerful enough to reverse +entirely the habitual direction of his political +thought and conduct. Just what that influence +was can now be easily shown.<span class="pgnm"><a name="Page_307" id="Page_307">[Pg 307]</a></span></p> + +<p>On the 3d of August, 1786, John Jay, as secretary +for foreign affairs, presented to Congress +some results of his negotiations with the Spanish +envoy, Gardoqui, respecting a treaty with Spain; +and he then urged that Congress, in view of certain +vast advantages to our foreign commerce, +should consent to surrender the navigation of the +Mississippi for twenty-five or thirty years,<a name="FNanchor352" id="FNanchor352"></a><a href="#Footnote-352" class="fnanchor">[352]</a>—a +proposal which, very naturally, seemed to the six +Southern States as nothing less than a cool invitation +to them to sacrifice their own most important +interests for the next quarter of a century, in order +to build up during that period the interests of the +seven States of the North. The revelation of this +project, and of the ability of the Northern States +to force it through, sent a shock of alarm and of +distrust into every Southern community. Moreover, +full details of these transactions in Congress +were promptly conveyed to Governor Henry by +James Monroe, who added this pungent item,—that +a secret project was then under the serious +consideration of “committees” of Northern men, +for a dismemberment of the Union, and for setting +the Southern States adrift, after having thus bartered +away from them the use of the Mississippi.<a name="FNanchor353" id="FNanchor353"></a><a href="#Footnote-353" class="fnanchor">[353]</a></p> + +<p>On the same day that Monroe was writing +from New York that letter to Governor Henry, +Madison was writing from Philadelphia a letter to +Jefferson. Having mentioned a plan for strengthening +the Confederation, Madison says:—<span class="pgnm"><a name="Page_308" id="Page_308">[Pg 308]</a></span></p> + +<div class="blockquot"><p>“Though my wishes are in favor of such an event, +yet I despair so much of its accomplishment at the +present crisis, that I do not extend my views beyond +a commercial reform. To speak the truth, I almost +despair even of this. You will find the cause in a measure +now before Congress, … a proposed treaty with +Spain, one article of which shuts the Mississippi for +twenty or thirty years. Passing by the other Southern +States, figure to yourself the effect of such a stipulation +on the Assembly of Virginia, already jealous of Northern +politics, and which will be composed of thirty members +from the Western waters,—of a majority of others +attached to the Western country from interests of their +own, of their friends, or their constituents.… Figure +to yourself its effect on the people at large on the Western +waters, who are impatiently waiting for a favorable +result to the negotiation with Gardoqui, and who will consider +themselves sold by their Atlantic brethren. Will +it be an unnatural consequence if they consider themselves +absolved from every federal tie, and court some +protection for their betrayed rights?”<a name="FNanchor354" id="FNanchor354"></a><a href="#Footnote-354" class="fnanchor">[354]</a></p></div> + +<p>How truly Madison predicted the fatal construction +which in the South, and particularly in Virginia, +would be put upon the proposed surrender +of the Mississippi, may be seen by a glance at +some of the resolutions which passed the Virginia +House of Delegates on the 29th of the following +November:—</p> + +<div class="blockquot"><p>“That the common right of navigating the river +Mississippi, and of communicating with other nations +through that channel, ought to be considered as the +<span class="pgnm"><a name="Page_309" id="Page_309">[Pg 309]</a></span> +bountiful gift of nature to the United States, as proprietors +of the territories watered by the said river and its +eastern branches, and as moreover secured to them by +the late revolution.</p> + +<p>“That the Confederacy, having been formed on the +broad basis of equal rights, in every part thereof, to the +protection and guardianship of the whole, a sacrifice of +the rights of any one part, to the supposed or real interest +of another part, would be a flagrant violation of justice, +a direct contravention of the end for which the +federal government was instituted, and an alarming innovation +in the system of the Union.”<a name="FNanchor355" id="FNanchor355"></a><a href="#Footnote-355" class="fnanchor">[355]</a></p></div> + +<p>One day after the passage of those resolutions, +Patrick Henry ceased to be the governor of Virginia; +and five days afterward he was chosen by +Virginia as one of its seven delegates to a convention +to be held at Philadelphia in the following +May for the purpose of revising the federal Constitution. +But amid the widespread excitement, +amid the anger and the suspicion then prevailing +as to the liability of the Southern States, even +under a weak confederation, to be slaughtered, in +all their most important concerns, by the superior +weight and number of the Northern States, it is +easy to see how little inclined many Southern +statesmen would be to increase that liability by +making this weak confederation a strong one. In +the list of such Southern statesmen Patrick Henry +must henceforth be reckoned; and, as it was never +his nature to do anything tepidly or by halves, his +<span class="pgnm"><a name="Page_310" id="Page_310">[Pg 310]</a></span> +hostility to the project for strengthening the Confederation +soon became as hot as it was comprehensive. +On the 7th of December, only three +days after he was chosen as a delegate to the +Philadelphia convention, Madison, then at Richmond, +wrote concerning him thus anxiously to +Washington:—</p> + +<div class="blockquot"><p>“I am entirely convinced from what I observe here, +that unless the project of Congress can be reversed, the +hopes of carrying this State into a proper federal system +will be demolished. Many of our most federal leading +men are extremely soured with what has already passed. +Mr. Henry, who has been hitherto the champion of the +federal cause, has become a cold advocate, and, in the +event of an actual sacrifice of the Mississippi by Congress, +will unquestionably go over to the opposite side.”<a name="FNanchor356" id="FNanchor356"></a><a href="#Footnote-356" class="fnanchor">[356]</a></p></div> + +<p>But in spite of this change in his attitude toward +the federal cause, perhaps he would still go +to the great convention. On that subject he appears +to have kept his own counsel for several +weeks; but by the 1st of March, 1787, Edmund +Randolph, at Richmond, was able to send this +word to Madison, who was back in his place in +Congress: “Mr. Henry peremptorily refuses to +go;” and Randolph mentions as Henry’s reasons +for this refusal, not only his urgent professional +duties, but his repugnance to the proceedings of +Congress in the matter of the Mississippi.<a name="FNanchor357" id="FNanchor357"></a><a href="#Footnote-357" class="fnanchor">[357]</a> Five +days later, from the same city, John Marshall +<span class="pgnm"><a name="Page_311" id="Page_311">[Pg 311]</a></span> +wrote to Arthur Lee: “Mr. Henry, whose opinions +have their usual influence, has been heard to +say that he would rather part with the Confederation +than relinquish the navigation of the Mississippi.”<a name="FNanchor358" id="FNanchor358"></a><a href="#Footnote-358" class="fnanchor">[358]</a> +On the 18th of the same month, in a +letter to Washington, Madison poured out his solicitude +respecting the course which Henry was +going to take: “I hear from Richmond, with +much concern, that Mr. Henry has positively declined +his mission to Philadelphia. Besides the +loss of his services on that theatre, there is danger, +I fear, that this step has proceeded from a wish +to leave his conduct unfettered on another theatre, +where the result of the convention will receive its +destiny from his omnipotence.”<a name="FNanchor359" id="FNanchor359"></a><a href="#Footnote-359" class="fnanchor">[359]</a> On the next day, +Madison sent off to Jefferson, who was then in +Paris, an account of the situation: “But although +it appears that the intended sacrifice of the Mississippi +will not be made, the consequences of the +intention and the attempt are likely to be very +serious. I have already made known to you the +light in which the subject was taken up by Virginia. +Mr. Henry’s disgust exceeds all measure, +and I am not singular in ascribing his refusal to +attend the convention, to the policy of keeping +himself free to combat or espouse the result of it +according to the result of the Mississippi business, +among other circumstances.”<a name="FNanchor360" id="FNanchor360"></a><a href="#Footnote-360" class="fnanchor">[360]</a></p> + + +<p><span class="pgnm"><a name="Page_312" id="Page_312">[Pg 312]</a></span> +Finally, on the 25th of March Madison wrote to +Randolph, evidently in reply to the information +given by the latter on the 1st of the month: “The +refusal of Mr. Henry to join in the task of revising +the Confederation is ominous; and the more +so, I fear, if he means to be governed by the event +which you conjecture.”<a name="FNanchor361" id="FNanchor361"></a><a href="#Footnote-361" class="fnanchor">[361]</a></p> + +<p>That Patrick Henry did not attend the great +convention, everybody knows; but the whole meaning +of his refusal to do so, everybody may now +understand somewhat more clearly, perhaps, than +before.</p> + + +<div class="footnotes"> +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-341" id="Footnote-341"></a><a href="#FNanchor341"><span class="label">[341]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-342" id="Footnote-342"></a><a href="#FNanchor342"><span class="label">[342]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-343" id="Footnote-343"></a><a href="#FNanchor343"><span class="label">[343]</span></a> Hening, xi. 525-526.</p></div> + +<div class="footnote"><p><a name="Footnote-344" id="Footnote-344"></a><a href="#FNanchor344"><span class="label">[344]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-345" id="Footnote-345"></a><a href="#FNanchor345"><span class="label">[345]</span></a> Sparks, <i>Corr. Rev.</i> iv. 93-96. See, also, Washington’s letter +to Henry, for Nov. 30, 1785, in <i>Writings of W.</i> xii. 277-278.</p></div> + +<div class="footnote"><p><a name="Footnote-346" id="Footnote-346"></a><a href="#FNanchor346"><span class="label">[346]</span></a> <i>Jour. Va. House Del.</i> for Nov. 25, 1786.</p></div> + +<div class="footnote"><p><a name="Footnote-347" id="Footnote-347"></a><a href="#FNanchor347"><span class="label">[347]</span></a> For example, Curtis, <i>Hist. Const.</i> ii. 553-554.</p></div> + +<div class="footnote"><p><a name="Footnote-348" id="Footnote-348"></a><a href="#FNanchor348"><span class="label">[348]</span></a> Rives, <i>Life of Madison</i>, i. 536-537.</p></div> + +<div class="footnote"><p><a name="Footnote-349" id="Footnote-349"></a><a href="#FNanchor349"><span class="label">[349]</span></a> Madison, <i>Letters</i>, etc. i. 80.</p></div> + +<div class="footnote"><p><a name="Footnote-350" id="Footnote-350"></a><a href="#FNanchor350"><span class="label">[350]</span></a> Bancroft, <i>Hist. Const.</i> i. 162.</p></div> + +<div class="footnote"><p><a name="Footnote-351" id="Footnote-351"></a><a href="#FNanchor351"><span class="label">[351]</span></a> Madison, <i>Letters</i>, etc. i. 264.</p></div> + +<div class="footnote"><p><a name="Footnote-352" id="Footnote-352"></a><a href="#FNanchor352"><span class="label">[352]</span></a> <i>Secret Jour. Cong.</i> iv. 44-63.</p></div> + +<div class="footnote"><p><a name="Footnote-353" id="Footnote-353"></a><a href="#FNanchor353"><span class="label">[353]</span></a> Rives, <i>Life of Madison</i>, ii. 122.</p></div> + +<div class="footnote"><p><a name="Footnote-354" id="Footnote-354"></a><a href="#FNanchor354"><span class="label">[354]</span></a> Rives, <i>Life of Madison</i>, ii. 119-120.</p></div> + +<div class="footnote"><p><a name="Footnote-355" id="Footnote-355"></a><a href="#FNanchor355"><span class="label">[355]</span></a> <i>Jour. Va. House Del.</i> 66-67.</p></div> + +<div class="footnote"><p><a name="Footnote-356" id="Footnote-356"></a><a href="#FNanchor356"><span class="label">[356]</span></a> Madison, <i>Letters</i>, etc. i. 264.</p></div> + +<div class="footnote"><p><a name="Footnote-357" id="Footnote-357"></a><a href="#FNanchor357"><span class="label">[357]</span></a> Rives, <i>Life of Madison</i>, ii. 238-239.</p></div> + +<div class="footnote"><p><a name="Footnote-358" id="Footnote-358"></a><a href="#FNanchor358"><span class="label">[358]</span></a> R. H. Lee, <i>Life of A. Lee</i>, ii. 321.</p></div> + +<div class="footnote"><p><a name="Footnote-359" id="Footnote-359"></a><a href="#FNanchor359"><span class="label">[359]</span></a> Sparks, <i>Corr. Rev.</i> iv. 168.</p></div> + +<div class="footnote"><p><a name="Footnote-360" id="Footnote-360"></a><a href="#FNanchor360"><span class="label">[360]</span></a> <i>Madison Papers</i>, ii. 623.</p></div> + +<div class="footnote"><p><a name="Footnote-361" id="Footnote-361"></a><a href="#FNanchor361"><span class="label">[361]</span></a> <i>Madison Papers</i>, 627.</p></div> +</div> + +<p><span class="pgnm"><a name="Page_313" id="Page_313">[Pg 313]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER XVIII <br /> +<span class="hsub">THE BATTLE IN VIRGINIA OVER THE NEW CONSTITUTION</span></h2> + + +<p>The great convention at Philadelphia, after a +session of four months, came to the end of its +noble labors on the 17th of September, 1787. +Washington, who had been not merely its presiding +officer but its presiding genius, then hastened +back to Mt. Vernon, and, in his great anxiety to +win over to the new Constitution the support of +his old friend Patrick Henry, he immediately dispatched +to him a copy of that instrument, accompanied +by a very impressive and conciliatory letter,<a name="FNanchor362" id="FNanchor362"></a><a href="#Footnote-362" class="fnanchor">[362]</a> +to which, about three weeks afterwards, was +returned the following reply:—</p> + +<div class="blockquot"> +<p class="right1"><span class="smcap">Richmond</span>, October 19, 1787.</p> + +<p><span class="smcap">Dear Sir</span>,—I was honored by the receipt of your +favor, together with a copy of the proposed federal Constitution, +a few days ago, for which I beg you to accept +my thanks. They are also due to you from me as a +citizen, on account of the great fatigue necessarily attending +the arduous business of the late convention.</p> + +<p>I have to lament that I cannot bring my mind to +accord with the proposed Constitution. The concern I +<span class="pgnm"><a name="Page_314" id="Page_314">[Pg 314]</a></span> +feel on this account is really greater than I am able to +express. Perhaps mature reflections may furnish me +with reasons to change my present sentiments into a +conformity with the opinions of those personages for +whom I have the highest reverence. Be that as it may, +I beg you will be persuaded of the unalterable regard +and attachment with which I shall be,</p> + +<p>Dear Sir, your obliged and very humble servant,</p> + +<p class="right1"> +<span class="smcap">P. Henry.</span><a name="FNanchor363" id="FNanchor363"></a><a href="#Footnote-363" class="fnanchor">[363]</a> +</p></div> + +<p>Four days before the date of this letter the +legislature of Virginia had convened at Richmond +for its autumn session, and Patrick Henry had +there taken his usual place on the most important +committees, and as the virtual director of the +thought and work of the House. Much solicitude +was felt concerning the course which he might advise +the legislature to adopt on the supreme question +then before the country,—some persons even +fearing that he might try to defeat the new Constitution +in Virginia by simply preventing the call +of a state convention. Great was Washington’s +satisfaction on receiving from one of his correspondents +in the Assembly, shortly after the session +began, this cheerful report:—</p> + +<div class="blockquot"><p>“I have not met with one in all my inquiries (and I +have made them with great diligence) opposed to it, +except Mr. Henry, who I have heard is so, but could +only conjecture it from a conversation with him on the +subject.… The transmissory note of Congress was +before us to-day, when Mr. Henry declared that it +<span class="pgnm"><a name="Page_315" id="Page_315">[Pg 315]</a></span> +transcended our powers to decide on the Constitution, +and that it must go before a convention. As it was insinuated +he would aim at preventing this, much pleasure +was discovered at the declaration.”<a name="FNanchor364" id="FNanchor364"></a><a href="#Footnote-364" class="fnanchor">[364]</a></p></div> + +<p>On the 24th of October, from his place in Congress, +Madison sent over to Jefferson, in Paris, a +full account of the results of the Philadelphia convention, +and of the public feeling with reference +to its work: “My information from Virginia is +as yet extremely imperfect.… The part which +Mr. Henry will take is unknown here. Much will +depend on it. I had taken it for granted, from a +variety of circumstances, that he would be in the +opposition, and still think that will be the case. +There are reports, however, which favor a contrary +supposition.”<a name="FNanchor365" id="FNanchor365"></a><a href="#Footnote-365" class="fnanchor">[365]</a> But, by the 9th of December, +Madison was able to send to Jefferson a further +report, which indicated that all doubt respecting +the hostile attitude of Patrick Henry was then +removed. After mentioning that a majority of +the people of Virginia seemed to be in favor of the +Constitution, he added: “What change may be +produced by the united influence and exertions of +Mr. Henry, Mr. Mason, and the governor, with +some pretty able auxiliaries, is uncertain.… +Mr. Henry is the great adversary who will render +the event precarious. He is, I find, with his usual +address, working up every possible interest into a +spirit of opposition.”<a name="FNanchor366" id="FNanchor366"></a><a href="#Footnote-366" class="fnanchor">[366]</a></p> + + +<p>Long before the date last mentioned, the legislature<span class="pgnm"><a name="Page_316" id="Page_316">[Pg 316]</a></span> +had regularly declared for a state convention, +to be held at Richmond on the first Monday in +June, 1788, then and there to determine whether +or not Virginia would accept the new Constitution. +In view of that event, delegates were in the mean +time to be chosen by the people; and thus, for the +intervening months, the fight was to be transferred +to the arena of popular debate. In such a contest +Patrick Henry, being once aroused, was not likely +to take a languid or a hesitating part; and of the +importance then attached to the part which he did +take, we catch frequent glimpses in the correspondence +of the period. Thus, on the 19th of February, +1788, Madison, still at New York, sent this +word to Jefferson: “The temper of Virginia, as +far as I can learn, has undergone but little change +of late. At first, there was an enthusiasm for the +Constitution. The tide next took a sudden and +strong turn in the opposite direction. The influence +and exertions of Mr. Henry, Colonel Mason, +and some others, will account for this.… I am +told that a very bold language is held by Mr. +Henry and some of his partisans.”<a name="FNanchor367" id="FNanchor367"></a><a href="#Footnote-367" class="fnanchor">[367]</a> On the 10th +of April, Madison, then returned to his home in +Virginia, wrote to Edmund Randolph: “The declaration +of Henry, mentioned in your letter, is a +proof to me that desperate measures will be his +game.”<a name="FNanchor368" id="FNanchor368"></a><a href="#Footnote-368" class="fnanchor">[368]</a> On the 22d of the same month Madison +wrote to Jefferson: “The adversaries take very<span class="pgnm"><a name="Page_317" id="Page_317">[Pg 317]</a></span> +different grounds of opposition. Some are opposed +to the substance of the plan; others, to particular +modifications only. Mr. Henry is supposed to aim +at disunion.”<a name="FNanchor369" id="FNanchor369"></a><a href="#Footnote-369" class="fnanchor">[369]</a> On the 24th of April, Edward +Carrington, writing from New York, told Jefferson: +“Mr. H. does not openly declare for a dismemberment +of the Union, but his arguments in +support of his opposition to the Constitution go +directly to that issue. He says that three confederacies +would be practicable, and better suited to +the good of commerce than one.”<a name="FNanchor370" id="FNanchor370"></a><a href="#Footnote-370" class="fnanchor">[370]</a> On the 28th +of April, Washington wrote to Lafayette on account +of the struggle then going forward; and +after naming some of the leading champions of the +Constitution, he adds sorrowfully: “Henry and +Mason are its great adversaries.”<a name="FNanchor371" id="FNanchor371"></a><a href="#Footnote-371" class="fnanchor">[371]</a> Finally, as +late as on the 12th of June, the Rev. John Blair +Smith, at that time president of Hampden-Sidney +College, conveyed to Madison, an old college friend, +his own deep disapproval of the course which had +been pursued by Patrick Henry in the management +of the canvass against the Constitution:—</p> + +<div class="blockquot"><p>“Before the Constitution appeared, the minds of the +people were artfully prepared against it; so that all +opposition [to Mr. Henry] at the election of delegates to +consider it, was in vain. That gentleman has descended +to lower artifices and management on the occasion than +I thought him capable of.… If Mr. Innes has shown +<span class="pgnm"><a name="Page_318" id="Page_318">[Pg 318]</a></span> +you a speech of Mr. Henry to his constituents, which I +sent him, you will see something of the method he has +taken to diffuse his poison.… It grieves me to see +such great natural talents abused to such purposes.”<a name="FNanchor372" id="FNanchor372"></a><a href="#Footnote-372" class="fnanchor">[372]</a></p></div> + +<p>On Monday, the 2d of June, 1788, the long-expected +convention assembled at Richmond. So +great was the public interest in the event that a +full delegation was present, even on the first day; +and in order to make room for the throngs of citizens +from all parts of Virginia and from other +States, who had flocked thither to witness the impending +battle, it was decided that the convention +should hold its meetings in the New Academy, on +Shockoe Hill, the largest assembly-room in the +city.</p> + +<p>Eight States had already adopted the Constitution. +The five States which had yet to act upon +the question were New Hampshire, Rhode Island, +New York, North Carolina, and Virginia. For +every reason, the course then to be taken by Virginia +would have great consequences. Moreover, +since the days of the struggle over independence, +no question had so profoundly moved the people of +Virginia; none had aroused such hopes and such +fears; none had so absorbed the thoughts, or so +embittered the relations of men. It is not strange, +therefore, that this convention, consisting of one +hundred and seventy members, should have been +thought to represent, to an unusual degree, the intelligence, +the character, the experience, the reputation +<span class="pgnm"><a name="Page_319" id="Page_319">[Pg 319]</a></span> +of the State. Perhaps it would be true to +say that, excepting Washington, Jefferson, and +Richard Henry Lee, no Virginian of eminence was +absent from it.</p> + +<p>Furthermore, the line of division, which from +the outset parted into two hostile sections these +one hundred and seventy Virginians, was something +quite unparalleled. In other States it had been +noted that the conservative classes, the men of education +and of property, of high office, of high social +and professional standing, were nearly all on the +side of the new Constitution. Such was not the +case in Virginia. Of the conservative classes +throughout that State, quite as many were against +the new Constitution as were in favor of it. Of +the four distinguished citizens who had been its +governors, since Virginia had assumed the right to +elect governors,—Patrick Henry, Jefferson, Nelson, +and Harrison,—each in turn had denounced +the measure as unsatisfactory and dangerous; +while Edmund Randolph, the governor then in +office, having attended the great convention at +Philadelphia, and having there refused to sign the +Constitution, had published an impressive statement +of his objections to it, and, for several months +thereafter, had been counted among its most formidable +opponents. Concerning the attitude of the +legal profession,—a profession always inclined to +conservatism,—Madison had written to Jefferson: +“The general and admiralty courts, with most of +the bar, oppose the Constitution.”<a name="FNanchor373" id="FNanchor373"></a><a href="#Footnote-373" class="fnanchor">[373]</a> Finally, among +<span class="pgnm"><a name="Page_320" id="Page_320">[Pg 320]</a></span> +Virginians who were at that time particularly honored +and trusted for patriotic services during the +Revolution, such men as these, Theodoric Bland, +William Grayson, John Tyler, Meriwether Smith, +James Monroe, George Mason, and Richard Henry +Lee, had declared their disapproval of the document.</p> + +<p>Nevertheless, within the convention itself, at the +opening of the session, it was claimed by the friends +of the new government that they then outnumbered +their opponents by at least fifty votes.<a name="FNanchor374" id="FNanchor374"></a><a href="#Footnote-374" class="fnanchor">[374]</a> Their +great champion in debate was James Madison, who +was powerfully assisted, first or last, by Edmund +Pendleton, John Marshall, George Nicholas, Francis +Corbin, George Wythe, James Innes, General +Henry Lee, and especially by that same Governor +Randolph who, after denouncing the Constitution +for “features so odious” that he could not “agree +to it,”<a name="FNanchor375" id="FNanchor375"></a><a href="#Footnote-375" class="fnanchor">[375]</a> had finally swung completely around to its +support.</p> + +<p>Against all this array of genius, learning, character, +logical acumen, and eloquence, Patrick Henry +held the field as protagonist for twenty-three days,—his +chief lieutenants in the fight being Mason, +Grayson, and John Dawson, with occasional help +from Harrison, Monroe, and Tyler. Upon him +alone fell the brunt of the battle. Out of the +twenty-three days of that splendid tourney, there +were but five days in which he did not take the +<span class="pgnm"><a name="Page_321" id="Page_321">[Pg 321]</a></span> +floor. On each of several days he made three +speeches; on one day he made five speeches; on +another day eight. In one speech alone, he was on +his legs for seven hours. The words of all who +had any share in that debate were taken down, +according to the imperfect art of the time, by +the stenographer, David Robertson, whose reports, +however, are said to be little more than a pretty +full outline of the speeches actually made: but in +the volume which contains these abstracts, one of +Patrick Henry’s speeches fills eight pages, another +ten pages, another sixteen, another twenty-one, +another forty; while, in the aggregate, his speeches +constitute nearly one quarter of the entire book,—a +book of six hundred and sixty-three pages.<a name="FNanchor376" id="FNanchor376"></a><a href="#Footnote-376" class="fnanchor">[376]</a></p> + +<p>Any one who has fallen under the impression, so +industriously propagated by the ingenious enmity +of Jefferson’s old age, that Patrick Henry was a +man of but meagre information and of extremely +slender intellectual resources, ignorant especially +of law, of political science, and of history, totally +lacking in logical power and in precision of statement, +with nothing to offset these deficiencies excepting +a strange gift of overpowering, dithyrambic +eloquence, will find it hard, as he turns over the +leaves on which are recorded the debates of the +Virginia convention, to understand just how such +a person could have made the speeches which are +there attributed to Patrick Henry, or how a mere +rhapsodist could have thus held his ground, in close +<span class="pgnm"><a name="Page_322" id="Page_322">[Pg 322]</a></span> +hand-to-hand combat, for twenty-three days, against +such antagonists, on all the difficult subjects of +law, political science, and history involved in the +Constitution of the United States,—while showing +at the same time every quality of good generalship +as a tactician and as a party leader. “There has +been, I am aware,” says an eminent historian of +the Constitution, “a modern scepticism concerning +Patrick Henry’s abilities; but I cannot share it.… +The manner in which he carried on the opposition +to the Constitution in the convention of Virginia, +for nearly a whole month, shows that he possessed +other powers besides those of great natural +eloquence.”<a name="FNanchor377" id="FNanchor377"></a><a href="#Footnote-377" class="fnanchor">[377]</a></p> + +<p>But, now, what were Patrick Henry’s objections +to the new Constitution?</p> + +<p>First of all, let it be noted that his objections +did not spring from any hostility to the union of +the thirteen States, or from any preference for a +separate union of the Southern States. Undoubtedly +there had been a time, especially under the +provocations connected with the Mississippi business, +when he and many other Southern statesmen +sincerely thought that there might be no security +for their interests even under the Confederation, +and that this lack of security would be even more +glaring and disastrous under the new Constitution. +Such, for example, seems to have been the opinion +of Governor Benjamin Harrison, as late as October +the 4th, 1787, on which date he thus wrote to +<span class="pgnm"><a name="Page_323" id="Page_323">[Pg 323]</a></span> +Washington: “I cannot divest myself of an opinion +that … if the Constitution is carried into +effect, the States south of the Potomac will be +little more than appendages to those to the northward +of it.”<a name="FNanchor378" id="FNanchor378"></a><a href="#Footnote-378" class="fnanchor">[378]</a> It is very probable that this sentence +accurately reflects, likewise, Patrick Henry’s +mood of thought at that time. Nevertheless, whatever +may have been his thought under the sectional +suspicions and alarms of the preceding months, it +is certain that, at the date of the Virginia convention, +he had come to see that the thirteen States +must, by all means, try to keep together. “I am +persuaded,” said he, in reply to Randolph, “of +what the honorable gentleman says, ‘that separate +confederacies will ruin us.’” “Sir,” he exclaimed +on another occasion, “the dissolution of the Union +is most abhorrent to my mind. The first thing I +have at heart is American liberty; the second +thing is American union.” Again he protested: +“I mean not to breathe the spirit, nor utter the +language, of secession.”<a name="FNanchor379" id="FNanchor379"></a><a href="#Footnote-379" class="fnanchor">[379]</a></p> + +<p>In the second place, he admitted that there were +great defects in the old Confederation, and that +those defects ought to be cured by proper amendments, +particularly in the direction of greater +strength to the federal government. But did the +proposed Constitution embody such amendments? +On the contrary, that Constitution, instead of properly +amending the old Confederation, simply annihilated +<span class="pgnm"><a name="Page_324" id="Page_324">[Pg 324]</a></span> +it, and replaced it by something radically +different and radically dangerous.</p> + +<div class="blockquot"><p>“The federal convention ought to have amended the +old system; for this purpose they were solely delegated; +the object of their mission extended to no other consideration.” +“The distinction between a national government +and a confederacy is not sufficiently discerned. +Had the delegates who were sent to Philadelphia a +power to propose a consolidated government, instead of +a confederacy?” “Here is a resolution as radical as +that which separated us from Great Britain. It is radical +in this transition; our rights and privileges are +endangered, and the sovereignty of the States will be +relinquished: and cannot we plainly see that this is +actually the case? The rights of conscience, trial by +jury, liberty of the press, all your immunities and franchises, +all pretensions to human rights and privileges, +are rendered insecure, if not lost, by this change, so +loudly talked of by some, so inconsiderately by others.” +“A number of characters, of the greatest eminence in +this country, object to this government for its consolidating +tendency. This is not imaginary. It is a formidable +reality. If consolidation proves to be as mischievous +to this country as it has been to other countries, +what will the poor inhabitants of this country do? This +government will operate like an ambuscade. It will +destroy the state governments, and swallow the liberties +of the people, without giving previous notice. If gentlemen +are willing to run the hazard, let them run it; but +I shall exculpate myself by my opposition and monitory +warnings within these walls.”<a name="FNanchor380" id="FNanchor380"></a><a href="#Footnote-380" class="fnanchor">[380]</a></p></div> + +<p><span class="pgnm"><a name="Page_325" id="Page_325">[Pg 325]</a></span> +But, in the third place, besides transforming the +old confederacy into a centralized and densely consolidated +government, and clothing that government +with enormous powers over States and over +individuals, what had this new Constitution provided +for the protection of States and of individuals? +Almost nothing. It had created a new and +a tremendous power over us; it had failed to cover +us with any shield, or to interpose any barrier, by +which, in case of need, we might save ourselves +from the wanton and fatal exercise of that power. +In short, the new Constitution had no bill of +rights. But “a bill of rights,” he declared, is +“indispensably necessary.”</p> + +<div class="blockquot"><p>“A general positive provision should be inserted in +the new system, securing to the States and the people +every right which was not conceded to the general government.” +“I trust that gentlemen, on this occasion, +will see the great objects of religion, liberty of the press, +trial by jury, interdiction of cruel punishments, and +every other sacred right, secured, before they agree to +that paper.” “Mr. Chairman, the necessity of a bill of +rights appears to me to be greater in this government +than ever it was in any government before. I have observed +already that the sense of European nations, and +particularly Great Britain, is against the construction +of rights being retained which are not expressly relinquished. +I repeat, that all nations have adopted the +construction, that all rights not expressly and unequivocally +reserved to the people are impliedly and incidentally +relinquished to rulers, as necessarily inseparable +from delegated powers.… Let us consider the sentiments +<span class="pgnm"><a name="Page_326" id="Page_326">[Pg 326]</a></span> +which have been entertained by the people of +America on this subject. At the Revolution, it must be +admitted that it was their sense to set down those great +rights which ought, in all countries, to be held inviolable +and sacred. Virginia did so, we all remember. She +made a compact to reserve, expressly, certain rights.… +She most cautiously and guardedly reserved and secured +those invaluable, inestimable rights and privileges which +no people, inspired with the least glow of patriotic liberty, +ever did, or ever can, abandon. She is called +upon now to abandon them, and dissolve that compact +which secured them to her.… Will she do it? This +is the question. If you intend to reserve your unalienable +rights, you must have the most express stipulation; +for, if implication be allowed, you are ousted of those +rights. If the people do not think it necessary to reserve +them, they will be supposed to be given up.… +If you give up these powers, without a bill of rights, you +will exhibit the most absurd thing to mankind that ever +the world saw,—a government that has abandoned all +its powers,—the powers of direct taxation, the sword, +and the purse. You have disposed of them to Congress, +without a bill of rights, without check, limitation, or +control. And still you have checks and guards; still +you keep barriers—pointed where? Pointed against +your weakened, prostrated, enervated, state government! +You have a bill of rights to defend you against +the state government—which is bereaved of all power, +and yet you have none against Congress—though in +full and exclusive possession of all power. You arm +yourselves against the weak and defenceless, and expose +yourselves naked to the armed and powerful. Is not +this a conduct of unexampled absurdity?”<a name="FNanchor381" id="FNanchor381"></a><a href="#Footnote-381" class="fnanchor">[381]</a></p></div> + +<p><span class="pgnm"><a name="Page_327" id="Page_327">[Pg 327]</a></span> +Again and again, in response to his demand for +an express assertion, in the instrument itself, of +the rights of individuals and of States, he was told +that every one of those rights was secured, since +it was naturally and fairly implied. “Even say,” +he rejoined, “it is a natural implication,—why +not give us a right … in express terms, in language +that could not admit of evasions or subterfuges? +If they can use implication for us, they +can also use implication against us. We are giving +power; they are getting power; judge, then, on +which side the implication will be used.” “Implication +is dangerous, because it is unbounded; +if it be admitted at all, and no limits prescribed, +it admits of the utmost extension.” “The existence +of powers is sufficiently established. If we +trust our dearest rights to implication, we shall be +in a very unhappy situation.”<a name="FNanchor382" id="FNanchor382"></a><a href="#Footnote-382" class="fnanchor">[382]</a></p> + +<p>Then, in addition to his objections to the general +character of the Constitution, namely, as a consolidated +government, unrestrained by an express guarantee +of rights, he applied his criticisms in great +detail, and with merciless rigor, to each department +of the proposed government,—the legislative, the +executive, and the judicial; and with respect to +each one of these he insisted that its intended +functions were such as to inspire distrust and alarm. +Of course, we cannot here follow this fierce critic +of the Constitution into all the detail of his criticisms; +but, as a single example, we may cite a +<span class="pgnm"><a name="Page_328" id="Page_328">[Pg 328]</a></span> +portion of his assault upon the executive department,—an +assault, as will be seen, far better suited +to the political apprehensions of his own time than +of ours:—</p> + +<div class="blockquot"><p>“The Constitution is said to have beautiful features; +but when I come to examine these features, sir, they +appear to me horribly frightful. Among other deformities, +it has an awful squinting; it squints towards monarchy. +And does not this raise indignation in the breast +of every true American? Your president may easily +become king.… Where are your checks in this government? +Your strongholds will be in the hands of +your enemies. It is on a supposition that your American +governors shall be honest, that all the good qualities of +this government are founded; but its defective and imperfect +construction puts it in their power to perpetrate +the worst of mischiefs, should they be bad men. And, +sir, would not all the world, from the eastern to the +western hemispheres, blame our distracted folly in resting +our rights upon the contingency of our rulers being good +or bad? Show me that age and country where the +rights and liberties of the people were placed on the sole +chance of their rulers being good men, without a consequent +loss of liberty.… If your American chief be +a man of ambition and abilities, how easy is it for him +to render himself absolute! The army is in his hands; +and if he be a man of address, it will be attached to +him, and it will be the subject of long meditation with +him to seize the first auspicious moment to accomplish +his design. And, sir, will the American spirit solely +relieve you when this happens? I would rather infinitely—and +I am sure most of this convention are of the +<span class="pgnm"><a name="Page_329" id="Page_329">[Pg 329]</a></span> +same opinion—have a king, lords, and commons, than +a government so replete with such insupportable evils. +If we make a king, we may prescribe the rules by which +he shall rule his people, and interpose such checks as +shall prevent him from infringing them; but the president, +in the field, at the head of his army, can prescribe +the terms on which he shall reign master, so far that +it will puzzle any American ever to get his neck from +under the galling yoke.… Will not the recollection +of his crimes teach him to make one bold push for the +American throne? Will not the immense difference +between being master of everything, and being ignominiously +tried and punished, powerfully excite him to +make this bold push? But, sir, where is the existing +force to punish him? Can he not, at the head of his +army, beat down every opposition? Away with your +president! we shall have a king. The army will salute +him monarch. Your militia will leave you, and assist +in making him king, and fight against you. And what +have you to oppose this force? What will then become +of you and your rights? Will not absolute despotism +ensue?”<a name="FNanchor383" id="FNanchor383"></a><a href="#Footnote-383" class="fnanchor">[383]</a></p></div> + +<p>Without reproducing here, in further detail, +Patrick Henry’s objections to the new Constitution, +it may now be stated that they all sprang from +a single idea, and all revolved about that idea, +namely, that the new plan of government, as it +then stood, seriously endangered the rights and +liberties of the people of the several States. And +in holding this opinion he was not at all peculiar. +Very many of the ablest and noblest statesmen of +<span class="pgnm"><a name="Page_330" id="Page_330">[Pg 330]</a></span> +the time shared it with him. Not to name again +his chief associates in Virginia, nor to cite the language +of such men as Burke and Rawlins Lowndes, +of South Carolina; as Timothy Bloodworth, of +North Carolina; as Samuel Chase and Luther +Martin, of Maryland; as George Clinton, of New +York; as Samuel Adams, John Hancock, and Elbridge +Gerry, of Massachusetts; as Joshua Atherton, +of New Hampshire, it may sufficiently put us +into the tone of contemporary opinion upon the +subject, to recall certain grave words of Jefferson, +who, watching the whole scene from the calm distance +of Paris, thus wrote on the 2d of February, +1788, to an American friend:—</p> + +<div class="blockquot"><p>“I own it astonishes me to find such a change wrought +in the opinions of our countrymen since I left them, as +that three fourths of them should be contented to live +under a system which leaves to their governors the power +of taking from them the trial by jury in civil cases, +freedom of religion, freedom of the press, freedom of +commerce, the habeas corpus laws, and of yoking them +with a standing army. That is a degeneracy in the +principles of liberty, to which I had given four centuries, +instead of four years.”<a name="FNanchor384" id="FNanchor384"></a><a href="#Footnote-384" class="fnanchor">[384]</a></p></div> + +<p>Holding such objections to the proposed Constitution, +what were Patrick Henry and his associates +in the Virginia convention to do? Were they to +reject the measure outright? Admitting that it +had some good features, they yet thought that the +best course to be taken by Virginia would be to +<span class="pgnm"><a name="Page_331" id="Page_331">[Pg 331]</a></span> +remit the whole subject to a new convention of +the States,—a convention which, being summoned +after a year or more of intense and universal discussion, +would thus represent the later, the more +definite, and the more enlightened desires of the +American people. But despairing of this, Patrick +Henry and his friends concentrated all their forces +upon this single and clear line of policy: so to +press their objections to the Constitution as to induce +the convention, not to reject it, but to postpone +its adoption until they could refer to the other +States in the American confederacy the following +momentous proposition, namely, “a declaration of +rights, asserting, and securing from encroachment, +the great principles of civil and religious liberty, +and the undeniable rights of the people, together +with amendments to the most exceptionable parts +of the said constitution of government.”<a name="FNanchor385" id="FNanchor385"></a><a href="#Footnote-385" class="fnanchor">[385]</a></p> + +<p>Such, then, was the real question over which in +that assemblage, from the first day to the last, the +battle raged. The result of the battle was reached +on Wednesday, the 25th of June; and that result +was a victory for immediate adoption, but by a +majority of only ten votes, instead of the fifty votes +that were claimed for it at the beginning of the +session. Moreover, even that small majority for +immediate adoption was obtained only by the help, +first, of a preamble solemnly affirming it to be the +understanding of Virginia in this act that it retained +every power not expressly granted to the +<span class="pgnm"><a name="Page_332" id="Page_332">[Pg 332]</a></span> +general government; and, secondly, of a subsidiary +resolution promising to recommend to Congress +“whatsoever amendments may be deemed +necessary.”</p> + +<p>Just before the decisive question was put, Patrick +Henry, knowing that the result would be +against him, and knowing, also, from the angry +things uttered within that House and outside of it, +that much solicitude was abroad respecting the +course likely to be taken by the defeated party, +then and there spoke these noble words:—</p> + +<div class="blockquot"><p>“I beg pardon of this House for having taken up more +time than came to my share, and I thank them for the +patience and polite attention with which I have been +heard. If I shall be in the minority, I shall have those +painful sensations which arise from a conviction of +being overpowered in a good cause. Yet I will be a +peaceable citizen. My head, my hand, and my heart +shall be at liberty to retrieve the loss of liberty, and remove +the defects of that system in a constitutional way. +I wish not to go to violence, but will wait, with hopes +that the spirit which predominated in the Revolution is +not yet gone, nor the cause of those who are attached to +the Revolution yet lost. I shall therefore patiently wait +in expectation of seeing that government changed, so as +to be compatible with the safety, liberty, and happiness +of the people.”<a name="FNanchor386" id="FNanchor386"></a><a href="#Footnote-386" class="fnanchor">[386]</a></p></div> + +<p>Those words of the great Virginian leader proved +to be a message of reassurance to many an anxious +citizen, in many a State,—not least so to that +<span class="pgnm"><a name="Page_333" id="Page_333">[Pg 333]</a></span> +great citizen who, from the slopes of Mount Vernon, +was then watching, night and day, for signs +of some abatement in the storm of civil discord. +Those words, too, have, in our time, won for the +orator who spoke them the deliberate, and the +almost lyrical, applause of the greatest historian +who has yet laid hand on the story of the Constitution: +“Henry showed his genial nature, free from +all malignity. He was like a billow of the ocean +on the first bright day after the storm, dashing +itself against the rocky cliff, and then, sparkling +with light, retreating to its home.”<a name="FNanchor387" id="FNanchor387"></a><a href="#Footnote-387" class="fnanchor">[387]</a></p> + +<p>Long after the practical effects of the Virginia +convention of 1788 had been merged in the general +political life of the country, that convention +was still proudly remembered for the magnificent +exertions of intellectual power, and particularly of +eloquence, which it had called forth. So lately as +the year 1857, there was still living a man who, in +his youth, had often looked in upon that famous +convention, and whose enthusiasm, in recalling its +great scenes, was not to be chilled even by the +frosts of his ninety winters:—</p> + +<div class="blockquot"><p>“The impressions made by the powerful arguments +of Madison and the overwhelming eloquence of Henry +can never fade from my mind. I thought them almost +supernatural. They seemed raised up by Providence, +each in his way, to produce great results: the one by +his grave, dignified, and irresistible arguments to convince +and enlighten mankind; the other, by his brilliant +<span class="pgnm"><a name="Page_334" id="Page_334">[Pg 334]</a></span> +and enrapturing eloquence to lead whithersoever he +would.”<a name="FNanchor388" id="FNanchor388"></a><a href="#Footnote-388" class="fnanchor">[388]</a></p></div> + +<p>Those who had heard Patrick Henry on the other +great occasions of his career were ready to say +that his eloquence in the convention of 1788 was, +upon the whole, fully equal to anything ever exhibited +by him in any other place. The official reports +of his speeches in that assemblage were always declared +to be inferior in “strength and beauty” to +those actually made by him there.<a name="FNanchor389" id="FNanchor389"></a><a href="#Footnote-389" class="fnanchor">[389]</a> +“In forming +an estimate of his eloquence,” says one gentleman +who there heard him, “no reliance can be placed +on the printed speeches. No reporter whatever +could take down what he actually said; and if he +could, it would fall far short of the original.”<a name="FNanchor390" id="FNanchor390"></a><a href="#Footnote-390" class="fnanchor">[390]</a></p> + +<p>In his arguments against the Constitution Patrick +Henry confined himself to no systematic order. +The convention had indeed resolved that the document +should be discussed, clause by clause, in a +regular manner; but in spite of the complaints +and reproaches of his antagonists, he continually +broke over all barriers, and delivered his “multiform +and protean attacks” in such order as suited +the workings of his own mind.</p> + +<p>In the course of that long and eager controversy, +he had several passages of sharp personal collision +with his opponents, particularly with Governor +Randolph, whose vacillating course respecting the +<span class="pgnm"><a name="Page_335" id="Page_335">[Pg 335]</a></span> +Constitution had left him exposed to the most +galling comments, and who on one occasion, in his +anguish, turned upon Patrick Henry with the exclamation: +“I find myself attacked in the most +illiberal manner by the honorable gentleman. I +disdain his aspersions and his insinuations. His +asperity is warranted by no principle of parliamentary +decency, nor compatible with the least +shadow of friendship; and if our friendship must +fall, let it fall, like Lucifer, never to rise again.”<a name="FNanchor391" id="FNanchor391"></a><a href="#Footnote-391" class="fnanchor">[391]</a> +Like all very eloquent men, he was taunted, of +course, for having more eloquence than logic; for +“his declamatory talents;” for his “vague discourses +and mere sports of fancy;” for discarding +“solid argument;” and for “throwing those bolts” +which he had “so peculiar a dexterity at discharging.”<a name="FNanchor392" id="FNanchor392"></a><a href="#Footnote-392" class="fnanchor">[392]</a> +On one occasion, old General Adam Stephen +tried to burlesque the orator’s manner of +speech;<a name="FNanchor393" id="FNanchor393"></a><a href="#Footnote-393" class="fnanchor">[393]</a> on another occasion, that same petulant +warrior bluntly told Patrick that if he did “not +like this government,” he might “go and live +among the Indians,” and even offered to facilitate +the orator’s self-expatriation among the savages: +“I know of several nations that live very happily; +and I can furnish him with a vocabulary of their +language.”<a name="FNanchor394" id="FNanchor394"></a><a href="#Footnote-394" class="fnanchor">[394]</a></p> + +<p>Knowing, as he did, every passion and prejudice +of his audience, he adopted, it appears, almost +every conceivable method of appeal. “The variety +<span class="pgnm"><a name="Page_336" id="Page_336">[Pg 336]</a></span> +of arguments,” writes one witness, “which +Mr. Henry generally presented in his speeches, +addressed to the capacities, prejudices, and individual +interests of his hearers, made his speeches +very unequal. He rarely made in that convention +a speech which Quintilian would have approved. +If he soared at times, like the eagle, and seemed +like the bird of Jove to be armed with thunder, he +did not disdain to stoop like the hawk to seize his +prey,—but the instant that he had done it, rose +in pursuit of another quarry.”<a name="FNanchor395" id="FNanchor395"></a><a href="#Footnote-395" class="fnanchor">[395]</a></p> + +<p>Perhaps the most wonderful example of his eloquence, +if we may judge by contemporary descriptions, +was that connected with the famous scene of +the thunder-storm, on Tuesday, the 24th of June, +only one day before the decisive vote was taken. +The orator, it seems, had gathered up all his forces +for what might prove to be his last appeal against +immediate adoption, and was portraying the disasters +which the new system of government, unless +amended, was to bring upon his countrymen, and +upon all mankind: “I see the awful immensity of +the dangers with which it is pregnant. I see it. +I feel it. I see beings of a higher order anxious +concerning our decision. When I see beyond the +horizon that bounds human eyes, and look at the +final consummation of all human things, and see +those intelligent beings which inhabit the ethereal +mansions reviewing the political decisions and +revolutions which, in the progress of time, will +<span class="pgnm"><a name="Page_337" id="Page_337">[Pg 337]</a></span> +happen in America, and the consequent happiness +or misery of mankind, I am led to believe that +much of the account, on one side or the other, will +depend on what we now decide. Our own happiness +alone is not affected by the event. All +nations are interested in the determination. We +have it in our power to secure the happiness of one +half of the human race. Its adoption may involve +the misery of the other hemisphere.” Thus far +the stenographer had proceeded, when he suddenly +stopped, and placed within brackets the following +note: “[Here a violent storm arose, which put +the House in such disorder, that Mr. Henry was +obliged to conclude.]”<a name="FNanchor396" id="FNanchor396"></a><a href="#Footnote-396" class="fnanchor">[396]</a> +But the scene which is +thus quietly despatched by the official reporter of +the convention was again and again described, by +many who were witnesses of it, as something most +sublime and even appalling. After having delineated +with overpowering vividness the calamities +which were likely to befall mankind from their +adoption of the proposed frame of government, +the orator, it is said, as if wielding an enchanter’s +wand, suddenly enlarged the arena of the debate +and the number of his auditors; for, peering +beyond the veil which shuts in mortal sight, and +pointing “to those celestial beings who were hovering +over the scene,” he addressed to them “an +invocation that made every nerve shudder with +supernatural horror, when, lo! a storm at that +instant rose, which shook the whole building, and +<span class="pgnm"><a name="Page_338" id="Page_338">[Pg 338]</a></span> +the spirits whom he had called seemed to have +come at his bidding. Nor did his eloquence, or +the storm, immediately cease; but availing himself +of the incident, with a master’s art, he seemed to +mix in the fight of his ethereal auxiliaries, and, +‘rising on the wings of the tempest, to seize upon +the artillery of heaven, and direct its fiercest thunders +against the heads of his adversaries.’ The +scene became insupportable; and the House rose +without the formality of adjournment, the members +rushing from their seats with precipitation +and confusion.”<a name="FNanchor397" id="FNanchor397"></a><a href="#Footnote-397" class="fnanchor">[397]</a></p> + + +<div class="footnotes"> +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-362" id="Footnote-362"></a><a href="#FNanchor362"><span class="label">[362]</span></a> <i>Writings of Washington</i>, ix. 265-266.</p></div> + +<div class="footnote"><p><a name="Footnote-363" id="Footnote-363"></a><a href="#FNanchor363"><span class="label">[363]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-364" id="Footnote-364"></a><a href="#FNanchor364"><span class="label">[364]</span></a> <i>Writings of Washington</i>, ix. 273.</p></div> + +<div class="footnote"><p><a name="Footnote-365" id="Footnote-365"></a><a href="#FNanchor365"><span class="label">[365]</span></a> Madison, <i>Letters</i>, etc. i. 356.</p></div> + +<div class="footnote"><p><a name="Footnote-366" id="Footnote-366"></a><a href="#FNanchor366"><span class="label">[366]</span></a> <i>Ibid.</i> i. 364-365.</p></div> + +<div class="footnote"><p><a name="Footnote-367" id="Footnote-367"></a><a href="#FNanchor367"><span class="label">[367]</span></a> Madison, <i>Letters</i>, etc. i. 378.</p></div> + +<div class="footnote"><p><a name="Footnote-368" id="Footnote-368"></a><a href="#FNanchor368"><span class="label">[368]</span></a> <i>Ibid.</i> i. 387.</p></div> + +<div class="footnote"><p><a name="Footnote-369" id="Footnote-369"></a><a href="#FNanchor369"><span class="label">[369]</span></a> Madison, <i>Letters</i>, i. 388.</p></div> + +<div class="footnote"><p><a name="Footnote-370" id="Footnote-370"></a><a href="#FNanchor370"><span class="label">[370]</span></a> Bancroft, <i>Hist. Const.</i>, ii. 465.</p></div> + +<div class="footnote"><p><a name="Footnote-371" id="Footnote-371"></a><a href="#FNanchor371"><span class="label">[371]</span></a> <i>Writings of Washington</i>, ix. 356.</p></div> + +<div class="footnote"><p><a name="Footnote-372" id="Footnote-372"></a><a href="#FNanchor372"><span class="label">[372]</span></a> Rives, <i>Life of Madison</i>, ii. 544, note.</p></div> + +<div class="footnote"><p><a name="Footnote-373" id="Footnote-373"></a><a href="#FNanchor373"><span class="label">[373]</span></a> Rives, <i>Life of Madison</i>, ii. 541.</p></div> + +<div class="footnote"><p><a name="Footnote-374" id="Footnote-374"></a><a href="#FNanchor374"><span class="label">[374]</span></a> <i>Hist. Mag.</i> for 1873, 274.</p></div> + +<div class="footnote"><p><a name="Footnote-375" id="Footnote-375"></a><a href="#FNanchor375"><span class="label">[375]</span></a> Elliot, <i>Debates</i>, i. 491; v. 502, 534-535.</p></div> + +<div class="footnote"><p><a name="Footnote-376" id="Footnote-376"></a><a href="#FNanchor376"><span class="label">[376]</span></a> Elliot, <i>Debates</i>, iii.</p></div> + +<div class="footnote"><p><a name="Footnote-377" id="Footnote-377"></a><a href="#FNanchor377"><span class="label">[377]</span></a> Curtis, <i>Hist. Const.</i> ii. 561, note.</p></div> + +<div class="footnote"><p><a name="Footnote-378" id="Footnote-378"></a><a href="#FNanchor378"><span class="label">[378]</span></a> <i>Writings of Washington</i>, ix. 266, note.</p></div> + +<div class="footnote"><p><a name="Footnote-379" id="Footnote-379"></a><a href="#FNanchor379"><span class="label">[379]</span></a> Elliot, <i>Debates</i>, iii. 161, 57, 63.</p></div> + +<div class="footnote"><p><a name="Footnote-380" id="Footnote-380"></a><a href="#FNanchor380"><span class="label">[380]</span></a> Elliot, <i>Debates</i>, iii. 23, 52, 44, 156.</p></div> + +<div class="footnote"><p><a name="Footnote-381" id="Footnote-381"></a><a href="#FNanchor381"><span class="label">[381]</span></a> Elliot, <i>Debates</i>, iii. 150, 462, 445-446.</p></div> + +<div class="footnote"><p><a name="Footnote-382" id="Footnote-382"></a><a href="#FNanchor382"><span class="label">[382]</span></a> Elliot, <i>Debates</i>, iii. 149-150.</p></div> + +<div class="footnote"><p><a name="Footnote-383" id="Footnote-383"></a><a href="#FNanchor383"><span class="label">[383]</span></a> Elliot, <i>Debates</i>, iii. 58-60.</p></div> + +<div class="footnote"><p><a name="Footnote-384" id="Footnote-384"></a><a href="#FNanchor384"><span class="label">[384]</span></a> Bancroft, <i>Hist. Const.</i> ii. 459-460.</p></div> + +<div class="footnote"><p><a name="Footnote-385" id="Footnote-385"></a><a href="#FNanchor385"><span class="label">[385]</span></a> Elliot, <i>Debates</i>, iii. 653.</p></div> + +<div class="footnote"><p><a name="Footnote-386" id="Footnote-386"></a><a href="#FNanchor386"><span class="label">[386]</span></a> Elliot, <i>Debates</i>, iii. 652.</p></div> + +<div class="footnote"><p><a name="Footnote-387" id="Footnote-387"></a><a href="#FNanchor387"><span class="label">[387]</span></a> Bancroft, <i>Hist. Const.</i> ii. 316-317.</p></div> + +<div class="footnote"><p><a name="Footnote-388" id="Footnote-388"></a><a href="#FNanchor388"><span class="label">[388]</span></a> Rives, <i>Life of Madison</i>, ii. 610.</p></div> + +<div class="footnote"><p><a name="Footnote-389" id="Footnote-389"></a><a href="#FNanchor389"><span class="label">[389]</span></a> Kennedy, <i>Life of Wirt</i>, i. 345.</p></div> + +<div class="footnote"><p><a name="Footnote-390" id="Footnote-390"></a><a href="#FNanchor390"><span class="label">[390]</span></a> Spencer Roane, MS.</p></div> + +<div class="footnote"><p><a name="Footnote-391" id="Footnote-391"></a><a href="#FNanchor391"><span class="label">[391]</span></a> Elliot, <i>Debates</i>, iii. 187.</p></div> + +<div class="footnote"><p><a name="Footnote-392" id="Footnote-392"></a><a href="#FNanchor392"><span class="label">[392]</span></a> <i>Ibid.</i> iii. 406, 104, 248, 177.</p></div> + +<div class="footnote"><p><a name="Footnote-393" id="Footnote-393"></a><a href="#FNanchor393"><span class="label">[393]</span></a> St. George Tucker, MS.</p></div> + +<div class="footnote"><p><a name="Footnote-394" id="Footnote-394"></a><a href="#FNanchor394"><span class="label">[394]</span></a> Elliot, <i>Debates</i>, iii. 580.</p></div> + +<div class="footnote"><p><a name="Footnote-395" id="Footnote-395"></a><a href="#FNanchor395"><span class="label">[395]</span></a> St. George Tucker, MS.</p></div> + +<div class="footnote"><p><a name="Footnote-396" id="Footnote-396"></a><a href="#FNanchor396"><span class="label">[396]</span></a> Elliot, <i>Debates</i>, iii. 625.</p></div> + +<div class="footnote"><p><a name="Footnote-397" id="Footnote-397"></a><a href="#FNanchor397"><span class="label">[397]</span></a> Wirt, 296-297. Also Spencer Roane, MS.</p></div> + +</div> + +<p><span class="pgnm"><a name="Page_339" id="Page_339">[Pg 339]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER XIX <br /> +<span class="hsub">THE AFTER-FIGHT FOR AMENDMENTS</span></h2> + + +<p>Thus, on the question of adopting the new Constitution, +the fight was over; but on the question +of amending that Constitution, now that it had +been adopted, the fight, of course, was only just +begun.</p> + +<p>For how could this new Constitution be amended? +A way was provided,—but an extremely strait +and narrow way. No amendment whatsoever could +become valid until it had been accepted by three +fourths of the States; and no amendment could be +submitted to the States for their consideration +until it had first been approved, either by two +thirds of both houses of Congress, or else by a +majority of a convention specially called by Congress +at the request of two thirds of the States.</p> + +<p>Clearly, the framers of the Constitution intended +that the supreme law of the land, when once agreed +to, should have within it a principle of fixedness +almost invincible. At any rate, the process by +which alone alterations can be made, involves so +wide an area of territory, so many distinct groups +of population, and is withal, in itself, so manifold +and complex, so slow, and so liable to entire stoppage,<span class="pgnm"><a name="Page_340" id="Page_340">[Pg 340]</a></span> +that any proposition looking toward change +must inevitably perish long before reaching the +far-away goal of final endorsement, unless that proposition +be really impelled by a public demand not +only very energetic and persistent, but well-nigh +universal. Indeed, the constitutional provision for +amendments seemed, at that time, to many, to be +almost a constitutional prohibition of amendments.</p> + +<p>It was, in part, for this very reason that Patrick +Henry had urged that those amendments of the +Constitution which, in his opinion, were absolutely +necessary, should be secured before its adoption, +and not be left to the doubtful chance of their being +obtained afterward, as the result of a process +ingeniously contrived, as it were, to prevent their +being obtained at all. But at the close of that +June day on which he and his seventy-eight associates +walked away from the convention wherein, +on this very proposition, they had just been voted +down, how did the case stand? The Constitution, +now become the supreme law of the land, was a +Constitution which, unless amended, would, as they +sincerely believed, effect the political ruin of the +American people. As good citizens, as good men, +what was left for them to do? They had fought +hard to get the Constitution amended before adoption. +They had failed. They must now fight hard +to get it amended after adoption. Disastrous +would it be, to assume that the needed amendments +would now be carried at any rate. True, +the Virginia convention, like the conventions of +<span class="pgnm"><a name="Page_341" id="Page_341">[Pg 341]</a></span> +several other States, had voted to recommend +amendments. But the hostility to amendments, +as Patrick Henry believed, was too deeply rooted +to yield to mere recommendations. The necessary +amendments would not find their way through all +the hoppers and tubes and valves of the enormous +mill erected within the Constitution, unless forced +onward by popular agitation,—and by popular +agitation widespread, determined, vehement, even +alarming. The powerful enemies of amendments +must be convinced that, until amendments were +carried through that mill, there would be no true +peace or content among the surrounding inhabitants.</p> + +<p>This gives us the clew to the policy steadily and +firmly pursued by Patrick Henry as a party leader, +from June, 1788, until after the ratification of the +first ten amendments, on the 15th of December, +1791. It was simply a strategic policy dictated +by his honest view of the situation; a bold, manly, +patriotic policy; a policy, however, which was +greatly misunderstood, and grossly misrepresented, +at the time; a policy, too, which grieved the heart +of Washington, and for several years raised between +him and his ancient friend the one cloud of +distrust that ever cast a shadow upon their intercourse.</p> + +<p>In fact, at the very opening of the Virginia +convention, and in view of the possible defeat of +his demand for amendments, Patrick Henry had +formed a clear outline of this policy, even to the +<span class="pgnm"><a name="Page_342" id="Page_342">[Pg 342]</a></span> +extent of organizing throughout the State local +societies for stirring up, and for keeping up, the +needed agitation. All this is made evident by an +important letter written by him to General John +Lamb of New York, and dated at Richmond, +June 9, 1788,—when the convention had been in +session just one week. In this letter, after some +preliminary words, he says:—</p> + +<div class="blockquot"><p>It is matter of great consolation to find that the sentiments +of a vast majority of Virginians are in unison +with those of our Northern friends. I am satisfied four +fifths of our inhabitants are opposed to the new scheme +of government. Indeed, in the part of this country +lying south of James River, I am confident, nine tenths +are opposed to it. And yet, strange as it may seem, the +numbers in convention appear equal on both sides: so +that the majority, which way soever it goes, will be small. +The friends and seekers of power have, with their usual +subtilty, wriggled themselves into the choice of the +people, by assuming shapes as various as the faces of +the men they address on such occasions.</p> + +<p>If they shall carry their point, and preclude previous +amendments, which we have ready to offer, it will become +highly necessary to form the society you mention. +Indeed, it appears the only chance for securing a remnant +of those invaluable rights which are yielded by the +new plan. Colonel George Mason has agreed to act +as chairman of our republican society. His character I +need not describe. He is every way fit; and we have +concluded to send you by Colonel Oswald a copy of the +Bill of Rights, and of the particular amendments we +intend to propose in our convention. The fate of them +<span class="pgnm"><a name="Page_343" id="Page_343">[Pg 343]</a></span> +is altogether uncertain; but of that you will be informed. +To assimilate our views on this great subject +is of the last moment; and our opponents expect much +from our dissension. As we see the danger, I think it +is easily avoided.</p> + +<p>I can assure you that North Carolina is more decidedly +opposed to the new government than Virginia. +The people there seem rife for hazarding all, before +they submit. Perhaps the organization of our system +may be so contrived as to include lesser associations +dispersed throughout the State. This will remedy in +some degree the inconvenience arising from our dispersed +situation. Colonel Oswald’s short stay here prevents +my saying as much on the subject as I could +otherwise have done. And after assuring you of my +ardent wishes for the happiness of our common country, +and the best interests of humanity, I beg leave to subscribe +myself, with great respect and regard,</p> + +<p class="right1"> +Sir, your obedient, humble servant,<br /> +<span class="smcap">P. Henry.</span><a name="FNanchor398" id="FNanchor398"></a><a href="#Footnote-398" class="fnanchor">[398]</a> +</p></div> + +<p>On the 27th of June, within a few hours, very +likely, after the final adjournment of the convention, +Madison hastened to report to Washington +the great and exhilarating result, but with this +anxious and really unjust surmise respecting the +course then to be pursued by Patrick Henry:—</p> + +<div class="blockquot"><p>“Mr. H——y declared, previous to the final question, +that although he should submit as a quiet citizen, +he should seize the first moment that offered for shaking +off the yoke in a constitutional way. I suspect the +plan will be to encourage two thirds of the legislatures +<span class="pgnm"><a name="Page_344" id="Page_344">[Pg 344]</a></span> +in the task of undoing the work; or to get a Congress +appointed in the first instance that will commit suicide +on their own authority.”<a name="FNanchor399" id="FNanchor399"></a><a href="#Footnote-399" class="fnanchor">[399]</a></p></div> + +<p>At the same sitting, probably, Madison sent off +to Hamilton, at New York, another report, in +which his conjecture as to Patrick Henry’s intended +policy is thus stated:—</p> + +<div class="blockquot"><p>“I am so uncharitable as to suspect that the ill-will +to the Constitution will produce every peaceable effort +to disgrace and destroy it. Mr. Henry declared … +that he should wait with impatience for the favorable +moment of regaining, in a constitutional way, the lost +liberties of his country.”<a name="FNanchor400" id="FNanchor400"></a><a href="#Footnote-400" class="fnanchor">[400]</a></p></div> + +<p>Two days afterward, by which time, doubtless, +Madison’s letter had reached Mount Vernon, +Washington wrote to Benjamin Lincoln of Massachusetts, +respecting the result of the convention:—</p> + +<div class="blockquot"><p>“Our accounts from Richmond are that … the +final decision exhibited a solemn scene, and that there +is every reason to expect a perfect acquiescence therein +by the minority. Mr. Henry, the great leader of it, has +signified that, though he can never be reconciled to the +Constitution in its present form, and shall give it every +constitutional opposition in his power, yet he will submit +to it peaceably.”<a name="FNanchor401" id="FNanchor401"></a><a href="#Footnote-401" class="fnanchor">[401]</a></p></div> + +<p>Thus, about the end of June, 1788, there came +down upon the fierce political strife in Virginia a +<span class="pgnm"><a name="Page_345" id="Page_345">[Pg 345]</a></span> +lull, which lasted until the 20th of October, at +which time the legislature assembled for its autumnal +session. Meantime, however, the convention of +New York had adopted the Constitution, but after +a most bitter fight, and by a majority of only three +votes, and only in consequence of the pledge that +every possible effort should be made to obtain +speedily those great amendments that were at last +called for by a determined public demand. One +of the efforts contemplated by the New York convention +took the form of a circular letter to the +governors of the several States, urging almost pathetically +that “effectual measures be immediately +taken for calling a convention” to propose those +amendments which are necessary for allaying “the +apprehensions and discontents” then so prevalent.<a name="FNanchor402" id="FNanchor402"></a><a href="#Footnote-402" class="fnanchor">[402]</a></p> + +<p>This circular letter “rekindled,” as Madison +then wrote to Jefferson, “an ardor among the opponents +of the federal Constitution for an immediate +revision of it by another general convention, +… Mr. Henry and his friends in Virginia enter +with great zeal into the scheme.”<a name="FNanchor403" id="FNanchor403"></a><a href="#Footnote-403" class="fnanchor">[403]</a> In a letter +written by Washington, nearly a month before the +meeting of the legislature, it is plainly indicated +that his mind was then grievously burdened by the +anxieties of the situation, and that he was disposed +to put the very worst construction upon the expected +conduct of Patrick Henry and his party in +the approaching session:—</p> + +<div class="blockquot"> + +<span class="pgnm"><a name="Page_346" id="Page_346">[Pg 346]</a></span> + +<p>“Their expedient will now probably be an attempt to +procure the election of so many of their own junto under +the new government, as, by the introduction of local and +embarrassing disputes, to impede or frustrate its operation.… +I assure you I am under painful apprehensions +from the single circumstance of Mr. H. having the +whole game to play in the Assembly of this State; and +the effect it may have in others should be counteracted +if possible.”<a name="FNanchor404" id="FNanchor404"></a><a href="#Footnote-404" class="fnanchor">[404]</a></p></div> + +<p>No sooner had the Assembly met, than Patrick +Henry’s ascendency became apparent. His sway +over that body was such that it was described as +“omnipotent.” And by the time the session had +been in progress not quite a month, Washington +informed Madison that “the accounts from Richmond” +were “very unpropitious to federal measures.” +“In one word,” he added, “it is said that +the edicts of Mr. H. are enregistered with less opposition +in the Virginia Assembly than those of the +grand monarch by his parliaments. He has only +to say, Let this be law, and it is law.”<a name="FNanchor405" id="FNanchor405"></a><a href="#Footnote-405" class="fnanchor">[405]</a> Within +ten days from the opening of the session, the House +showed its sensitive response to Patrick Henry’s +leadership by adopting a series of resolutions, the +chief purpose of which was to ask Congress to call +immediately a national convention for proposing +to the States the required amendments. In the +debate on the subject, he is said to have declared +“that he should oppose every measure tending to +<span class="pgnm"><a name="Page_347" id="Page_347">[Pg 347]</a></span> +the organization of the government, unless accompanied +with measures for the amendment of the +Constitution.”<a name="FNanchor406" id="FNanchor406"></a><a href="#Footnote-406" class="fnanchor">[406]</a></p> + +<p>Some phrases in one of his resolutions were most +offensive to those members of the House who had +“befriended the new Constitution,” and who, by +implication at least, were held forth as “betrayers +of the dearest rights of the people.” “If Mr. +Henry pleases,” so wrote a correspondent of Washington, +“he will carry the resolution in its present +terms, than which none, in my opinion, can be more +exceptionable or inflammatory; though, as he is +sometimes kind and condescending, he may perhaps +be induced to alter it.”<a name="FNanchor407" id="FNanchor407"></a><a href="#Footnote-407" class="fnanchor">[407]</a></p> + +<p>In accordance with these resolutions, a formal +application to Congress for a national convention +was prepared by Patrick Henry, and adopted by +the House on the 14th of November. Every word +of that document deserves now to be read, as his +own account of the spirit and purpose of a measure +then and since then so profoundly and so +cruelly misinterpreted:—</p> + +<div class="blockquot"><p>“The good people of this commonwealth, in convention +assembled, having ratified the Constitution submitted +to their consideration, this legislature has, in +conformity to that act, and the resolutions of the United +States in Congress assembled to them transmitted, +thought proper to make the arrangements that were +<i>necessary</i> for carrying it into effect. Having thus shown +themselves obedient to the voice of their constituents, all +<span class="pgnm"><a name="Page_348" id="Page_348">[Pg 348]</a></span> +America will find that, so far as it depends on them, +that plan of government will be carried into immediate +operation.</p> + +<p>“But the sense of the people of Virginia would be +but in part complied with, and but little regarded, if +we went no further. In the very moment of adoption, +and coeval with the ratification of the new plan of +government, the general voice of the convention of +this State pointed to objects no less interesting to the +people we represent, and equally entitled to your attention. +At the same time that, from motives of affection +for our sister States, the convention yielded their assent +to the ratification, they gave the most unequivocal +proofs that they dreaded its operation under the present +form.</p> + +<p>“In acceding to a government under this impression, +painful must have been the prospect, had they not derived +consolation from a full expectation of its imperfections +being speedily amended. In this resource, therefore, +they placed their confidence,—a confidence that +will continue to support them whilst they have reason to +believe they have not calculated upon it in vain.</p> + +<p>“In making known to you the objections of the people +of this Commonwealth to the new plan of government, +we deem it unnecessary to enter into a particular +detail of its defects, which they consider as involving all +the great and unalienable rights of freemen: for their +sense on this subject, we refer you to the proceedings +of their late convention, and the sense of this General +Assembly, as expressed in their resolutions of the day +of .</p> + +<p>“We think proper, however, to declare that in our +opinion, as those objections were not founded in speculative +<span class="pgnm"><a name="Page_349" id="Page_349">[Pg 349]</a></span> +theory, but deduced from principles which have been +established by the melancholy example of other nations, +in different ages, so they will never be removed until the +cause itself shall cease to exist. The sooner, therefore, +the public apprehensions are quieted, and the government +is possessed of the confidence of the people, the +more salutary will be its operations, and the longer its +duration.</p> + +<p>“The cause of amendments we consider as a common +cause; and since concessions have been made from political +motives, which we conceive may endanger the +republic, we trust that a commendable zeal will be shown +for obtaining those provisions which, experience has +taught us, are necessary to secure from danger the unalienable +rights of human nature.</p> + +<p>“The anxiety with which our countrymen press for +the accomplishment of this important end, will ill admit +of delay. The slow forms of congressional discussion +and recommendation, if indeed they should ever agree +to any change, would, we fear, be less certain of success. +Happily for their wishes, the Constitution hath presented +an alternative, by admitting the submission to a convention +of the States. To this, therefore, we resort, as the +source from whence they are to derive relief from their +present apprehensions. We do, therefore, in behalf of +our constituents, in the most earnest and solemn manner, +make this application to Congress, that a convention be +immediately called, of deputies from the several States, +with full power to take into their consideration the +defects of this Constitution, that have been suggested +by the state conventions, and report such amendments +thereto, as they shall find best suited to promote our +common interests, and secure to ourselves and our latest +<span class="pgnm"><a name="Page_350" id="Page_350">[Pg 350]</a></span> +posterity the great and unalienable rights of mankind.”<a name="FNanchor408" id="FNanchor408"></a><a href="#Footnote-408" class="fnanchor">[408]</a></p></div> + +<p>Such was the purpose, such was the temper, +of Virginia’s appeal, addressed to Congress, and +written by Patrick Henry, on behalf of immediate +measures for curing the supposed defects of the +Constitution. Was it not likely that this appeal +would be granted? One grave doubt haunted the +mind of Patrick Henry. If, in the elections for +senators and representatives then about to occur +in the several States, very great care was not taken, +it might easily happen that a majority of the members +of Congress would be composed of men who +would obstruct, and perhaps entirely defeat, the +desired amendments. With the view of doing his +part towards the prevention of such a result, he +determined that both the senators from Virginia, +and as many as possible of its representatives, +should be persons who could be trusted to help, +and not to hinder, the great project.</p> + +<p>Accordingly, when the day came for the election +of senators by the Assembly of Virginia, he just +stood up in his place and named “Richard Henry +Lee and William Grayson, Esquires,” as the two +men who ought to be elected as senators; and, +furthermore, he named James Madison as the +one man who ought not to be elected as senator. +Whereupon the vote was taken; “and after some +time,” as the journal expresses it, the committee +to examine the ballot-boxes “returned into the +<span class="pgnm"><a name="Page_351" id="Page_351">[Pg 351]</a></span> +House, and reported that they had … found a +majority of votes in favor of Richard Henry Lee +and William Grayson, Esquires.”<a name="FNanchor409" id="FNanchor409"></a><a href="#Footnote-409" class="fnanchor">[409]</a> On the 8th of +December, 1788, just one month afterward, Madison +himself, in a letter to Jefferson, thus alluded +to the incident: “They made me a candidate for +the Senate, for which I had not allotted my pretensions. +The attempt was defeated by Mr. Henry, +who is omnipotent in the present legislature, and +who added to the expedients common on such +occasions a public philippic against my federal +principles.”<a name="FNanchor410" id="FNanchor410"></a><a href="#Footnote-410" class="fnanchor">[410]</a></p> + +<p>Virginia’s delegation in the Senate was thus +made secure. How about her delegation in the +lower house? That, also, was an affair to be +sharply looked to. Above all things, James Madison, +as the supposed foe of amendments, was to be +prevented, if possible, from winning an election. +Therefore the committee of the House of Delegates, +which was appointed for the very purpose, among +other things, of dividing the State into its ten congressional +districts, so carved out those districts as +to promote the election of the friends of the good +cause, and especially to secure, as was hoped, the +defeat of its great enemy. Of this committee Patrick +Henry was not a member; but as a majority +of its members were known to be his devoted followers, +very naturally upon him, at the time, was +laid the burden of the blame for practising this +<span class="pgnm"><a name="Page_352" id="Page_352">[Pg 352]</a></span> +ignoble device in politics,—a device which, when +introduced into Massachusetts several years afterward, +also by a Revolutionary father, came to be +christened with the satiric name of “gerrymandering.” +Surely it was a rare bit of luck, in the case +of Patrick Henry, that the wits of Virginia did not +anticipate the wits of Massachusetts by describing +this trick as “henrymandering;” and that he thus +narrowly escaped the ugly immortality of having +his name handed down from age to age in the +coinage of a base word which should designate a +base thing,—one of the favorite, shabby manœuvres +of less scrupulous American politicians.<a name="FNanchor411" id="FNanchor411"></a><a href="#Footnote-411" class="fnanchor">[411]</a></p> + +<p>Thus, however, within four weeks from the opening +of the session, he had succeeded in pressing +through the legislature, in the exact form he +wished, all these measures for giving effect to +Virginia’s demand upon Congress for amendments. +This being accomplished, he withdrew from the +service of the House for the remainder of the session, +probably on account of the great urgency of +his professional engagements at that time. The +journal of the House affords us no trace of his +presence there after the 18th of November; and +although the legislature continued in session until +the 13th of December, its business did not digress +beyond local topics. To all these facts, rather +<span class="pgnm"><a name="Page_353" id="Page_353">[Pg 353]</a></span> +bitter allusion is made in a letter to the governor +of New Hampshire, written from Mount Vernon, +on the 31st of January, 1789, by the private secretary +of Washington, Tobias Lear, who thus reflected, +no doubt, the mood of his chief:—</p> + +<div class="blockquot"><p>“Mr. Henry, the leader of the opposition in this State, +finding himself beaten off the ground by fair argument +in the state convention, and outnumbered upon the +important question, collected his whole strength, and +pointed his whole force against the government, in the +Assembly. He here met with but a feeble opposition.… +He led on his almost unresisted phalanx, and +planted the standard of hostility upon the very battlements +of federalism. In plain English, he ruled a majority +of the Assembly; and his edicts were registered +by that body with less opposition than those of the +Grand Monarque have met with from his parliaments. +He chose the two senators.… He divided the State +into districts, … taking care to arrange matters so as +to have the county, of which Mr. Madison is an inhabitant, +thrown into a district of which a majority were +supposed to be unfriendly to the government, and by +that means exclude him from the representative body in +Congress. He wrote the answer to Governor Clinton’s +letter, and likewise the circular letter to the executives +of the several States.… And after he had settled +everything relative to the government wholly, I suppose, +to his satisfaction, he mounted his horse and rode home, +leaving the little business of the State to be done by +anybody who chose to give themselves the trouble of +attending to it.”<a name="FNanchor412" id="FNanchor412"></a><a href="#Footnote-412" class="fnanchor">[412]</a></p></div> + +<p><span class="pgnm"><a name="Page_354" id="Page_354">[Pg 354]</a></span> +How great was the effect of these strategic measures, +forced by Patrick Henry through the legislature +of Virginia in the autumn of 1788, was not +apparent, of course, until after the organization of +the first Congress of the United States, in the +spring of 1789. Not until the 5th of May could +time be found by that body for paying the least +attention to the subject of amendments. On that +day Theodoric Bland, from Virginia, presented to +the House of Representatives the solemn application +of his State for a new convention; and, after +some discussion, this document was entered on the +journals of the House.<a name="FNanchor413" id="FNanchor413"></a><a href="#Footnote-413" class="fnanchor">[413]</a> The subject was then +dropped until the 8th of June, when Madison, who +had been elected to Congress in spite of Patrick +Henry, and who had good reason to know how +dangerous it would be for Congress to trifle with +the popular demand for amendments, succeeded, +against much opposition, in getting the House to +devote that day to a preliminary discussion of the +business. It was again laid aside for nearly six +weeks, and again got a slight hearing on the 21st +of July. On the 13th of August it was once more +brought to the reluctant attention of the House, +and then proved the occasion of a debate which +lasted until the 24th of that month, when the +House finished its work on the subject, and sent +up to the Senate seventeen articles of amendment. +Only twelve of these articles succeeded in passing +the Senate; and of these twelve, only ten received +<span class="pgnm"><a name="Page_355" id="Page_355">[Pg 355]</a></span> +from the States that approval which was necessary +to their ratification. This was obtained on the 15th +of December, 1791.</p> + +<p>The course thus taken by Congress, in itself proposing +amendments, was not at the time pleasing to +the chiefs of that party which, in the several States, +had been clamorous for amendments.<a name="FNanchor414" id="FNanchor414"></a><a href="#Footnote-414" class="fnanchor">[414]</a> These men, +desiring more radical changes in the Constitution +than could be expected from Congress, had set +their hearts on a new convention,—which, undoubtedly, +had it been called, would have reconstructed, +from top to bottom, the work done by the +convention of 1787. Yet it should be noticed that +the ten amendments, thus obtained under the initiative +of Congress, embodied “nearly every material +change suggested by Virginia;”<a name="FNanchor415" id="FNanchor415"></a><a href="#Footnote-415" class="fnanchor">[415]</a> and that it +was distinctly due, in no small degree, to the bitter +and implacable urgency of the popular feeling in +Virginia, under the stimulus of Patrick Henry’s +leadership, that Congress was induced by Madison +to pay any attention to the subject. In the matter +of amendments, therefore, Patrick Henry and his +party did not get all that they demanded, nor in +the way that they demanded; but even so much as +they did get, they would not then have got at all, +had they not demanded more, and demanded more, +also, through the channel of a new convention, the +dread of which, it is evident, drove Madison and +<span class="pgnm"><a name="Page_356" id="Page_356">[Pg 356]</a></span> +his brethren in Congress into the prompt concession +of amendments which they themselves did not +care for. Those amendments were really a tub to +the whale; but then that tub would not have been +thrown overboard at all, had not the whale been +there, and very angry, and altogether too troublesome +with his foam-compelling tail, and with that +huge head of his which could batter as well as +spout.</p> + + +<div class="footnotes"> +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-398" id="Footnote-398"></a><a href="#FNanchor398"><span class="label">[398]</span></a> Leake, <i>Life of Gen. John Lamb</i>, 307-308.</p></div> + +<div class="footnote"><p><a name="Footnote-399" id="Footnote-399"></a><a href="#FNanchor399"><span class="label">[399]</span></a> Madison, <i>Letters</i>, etc. i. 402.</p></div> + +<div class="footnote"><p><a name="Footnote-400" id="Footnote-400"></a><a href="#FNanchor400"><span class="label">[400]</span></a> <i>Works of Hamilton</i>, i. 463.</p></div> + +<div class="footnote"><p><a name="Footnote-401" id="Footnote-401"></a><a href="#FNanchor401"><span class="label">[401]</span></a> <i>Writings of Washington</i>, ix. 392.</p></div> + +<div class="footnote"><p><a name="Footnote-402" id="Footnote-402"></a><a href="#FNanchor402"><span class="label">[402]</span></a> Elliot, <i>Debates</i>, ii. 414.</p></div> + +<div class="footnote"><p><a name="Footnote-403" id="Footnote-403"></a><a href="#FNanchor403"><span class="label">[403]</span></a> Madison, <i>Letters</i>, etc. i. 418.</p></div> + +<div class="footnote"><p><a name="Footnote-404" id="Footnote-404"></a><a href="#FNanchor404"><span class="label">[404]</span></a> <i>Writings of Washington</i>, ix. 433.</p></div> + +<div class="footnote"><p><a name="Footnote-405" id="Footnote-405"></a><a href="#FNanchor405"><span class="label">[405]</span></a> Bancroft, <i>Hist. Const.</i> ii. 483.</p></div> + +<div class="footnote"><p><a name="Footnote-406" id="Footnote-406"></a><a href="#FNanchor406"><span class="label">[406]</span></a> <i>Corr. Rev.</i> iv. 240-241.</p></div> + +<div class="footnote"><p><a name="Footnote-407" id="Footnote-407"></a><a href="#FNanchor407"><span class="label">[407]</span></a> <i>Ibid.</i> iv. 241.</p></div> + +<div class="footnote"><p><a name="Footnote-408" id="Footnote-408"></a><a href="#FNanchor408"><span class="label">[408]</span></a> <i>Jour. Va. House Del.</i> 42-43.</p></div> + +<div class="footnote"><p><a name="Footnote-409" id="Footnote-409"></a><a href="#FNanchor409"><span class="label">[409]</span></a> <i>Jour. Va. House Del.</i> 32.</p></div> + +<div class="footnote"><p><a name="Footnote-410" id="Footnote-410"></a><a href="#FNanchor410"><span class="label">[410]</span></a> Madison, <i>Letters</i>, etc., i. 443-444.</p></div> + +<div class="footnote"><p><a name="Footnote-411" id="Footnote-411"></a><a href="#FNanchor411"><span class="label">[411]</span></a> For contemporary allusions to this first example of gerrymandering, +see <i>Writings of Washington</i>, ix. 446-447; <i>Writings of +Jefferson</i>, ii. 574; Rives, <i>Life of Madison</i>, ii. 653-655; Bancroft, +<i>Hist. Const.</i> ii. 485.</p></div> + +<div class="footnote"><p><a name="Footnote-412" id="Footnote-412"></a><a href="#FNanchor412"><span class="label">[412]</span></a> Bancroft, <i>Hist. Const.</i> ii. 488-489.</p></div> + +<div class="footnote"><p><a name="Footnote-413" id="Footnote-413"></a><a href="#FNanchor413"><span class="label">[413]</span></a> Gales, <i>Debates</i>, i. 258-261.</p></div> + +<div class="footnote"><p><a name="Footnote-414" id="Footnote-414"></a><a href="#FNanchor414"><span class="label">[414]</span></a> Marshall, <i>Life of Washington</i>, v. 209-210; Story, <i>Const.</i> i. +211.</p></div> + +<div class="footnote"><p><a name="Footnote-415" id="Footnote-415"></a><a href="#FNanchor415"><span class="label">[415]</span></a> Howison, <i>Hist. Va.</i> ii. 333.</p></div> + +</div> + +<p><span class="pgnm"><a name="Page_357" id="Page_357">[Pg 357]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER XX <br /> +<span class="hsub">LAST LABORS AT THE BAR</span></h2> + + +<p>The incidents embraced within the last three +chapters cover the period from 1786 to 1791, and +have been thus narrated by themselves for the purpose +of exhibiting as distinctly as possible, and in +unbroken sequence, Patrick Henry’s relations to +each succeeding phase of that immense national +movement which produced the American Constitution, +with its first ten amendments.</p> + +<p>During those same fervid years, however, in +which he was devoting, as it might seem, every +power of body and mind to his great labors as a +party leader, and as a critic and moulder of the +new Constitution, he had resumed, and he was +sturdily carrying forward, most exacting labors in +the practice of the law.</p> + +<p>Late in the year 1786, as will be remembered, +being then poor and in debt, he declined another +election to the governorship, and set himself to the +task of repairing his private fortunes, so sadly +fallen to decay under the noble neglect imposed by +his long service of the public. One of his kinsmen +has left on record a pleasant anecdote to the +effect that the orator happened to mention at that +<span class="pgnm"><a name="Page_358" id="Page_358">[Pg 358]</a></span> +time to a friend how anxious he was under the +great burden of his debts. “Go back to the bar,” +said his friend; “your tongue will soon pay your +debts. If you will promise to go, I will give you a +retaining fee on the spot.”<a name="FNanchor416" id="FNanchor416"></a><a href="#Footnote-416" class="fnanchor">[416]</a> This course, in fact, +he had already determined to take; and thus at the +age of fifty, at no time robust in health, and at that +time grown prematurely old under the storm and +stress of all those unquiet years, he again buckled +on his professional armor, rusty from long disuse, +and pluckily began his life over again, in the hope +of making some provision for his own declining +days, as well as for the honor and welfare of his +great brood of children and grandchildren. To +this task, accordingly, he then bent himself, with +a grim wilfulness that would not yield either to +bodily weakness, or to the attractions or the distractions +of politics. It is delightful to be permitted +to add, that his energy was abundantly +rewarded; and that in exactly eight years thereafter, +namely in 1794, he was able to retire, in comfort +and wealth, from all public and professional +employments of every sort.</p> + +<p>Of course the mere announcement, in 1786, that +Patrick Henry was then ready once more to receive +clients, was enough to excite the attention of +all persons in Virginia who might have important +interests in litigation. His great renown throughout +the country, his high personal character, his +overwhelming gifts in argument, his incomparable +<span class="pgnm"><a name="Page_359" id="Page_359">[Pg 359]</a></span> +gifts in persuasion, were such as to ensure an +almost dominant advantage to any cause which he +should espouse before any tribunal. Confining +himself, therefore, to his function as an advocate, +and taking only such cases as were worth his attention, +he was immediately called to appear in the +courts in all parts of the State.</p> + +<p>It is not necessary for us to try to follow this +veteran and brilliant advocate in his triumphal +progress from one court-house to another, or to +give the detail of the innumerable causes in which +he was engaged during these last eight years of +his practice at the bar. Of all the causes, however, +in which he ever took part as a lawyer, in +any period of his career, probably the most difficult +and important, in a legal aspect, was the one +commonly referred to as that of the British debts, +argued by him in the Circuit Court of the United +States at Richmond, first in 1791, and again, in +the same place, in 1793.<a name="FNanchor417" id="FNanchor417"></a><a href="#Footnote-417" class="fnanchor">[417]</a></p> + +<p>A glance at the origin of this famous cause will +help us the better to understand the significance +of his relation to it. By the treaty with Great +Britain in 1783, British subjects were empowered +“to recover debts previously contracted to them +by our citizens, notwithstanding a payment of the +debt into a state treasury had been made during +the war, under the authority of a state law of +sequestration.” According to this provision a +<span class="pgnm"><a name="Page_360" id="Page_360">[Pg 360]</a></span> +British subject, one William Jones, brought an +action of debt in the federal court at Richmond, +against a citizen of Virginia, Thomas Walker, on +a bond dated May, 1772. The real question was +“whether payment of a debt due before the war +of the Revolution, from a citizen of Virginia to +British subjects, into the loan office of Virginia, +pursuant to a law of that State, discharged the +debtor.”</p> + +<p>The case, as will readily be seen, involved many +subtle and difficult points of law, municipal, national, +and international; and the defence was +contained in the following five pleas: (1.) That +of payment, generally; (2.) That of the Virginia +act of sequestration, October 20, 1777; (3.) That +of the Virginia act of forfeiture, May 3, 1779; +(4.) That of British violations of the treaty of +1783; (5.) That of the necessary annulment of +the debt, in consequence of the dissolution of the +co-allegiance of the two parties, on the declaration +of independence.<a name="FNanchor418" id="FNanchor418"></a><a href="#Footnote-418" class="fnanchor">[418]</a></p> + +<p>Some idea of the importance attached to the +case may be inferred from the assertion of Wirt, +that “the whole power of the bar of Virginia was +embarked” in it; and that the “learning, argument, +and eloquence” exhibited in the discussion +were such “as to have placed that bar, in the estimation +of the federal judges, … above all others +in the United States.”<a name="FNanchor419" id="FNanchor419"></a><a href="#Footnote-419" class="fnanchor">[419]</a> Associated with Patrick +Henry, for the defendant, were John Marshall, +Alexander Campbell, and James Innes.</p> + +<p><span class="pgnm"><a name="Page_361" id="Page_361">[Pg 361]</a></span> +For several weeks before the trial of this cause +in 1791, Patrick Henry secluded himself from all +other engagements, and settled down to intense +study in the retirement of his home in the country. +A grandson of the orator, Patrick Henry +Fontaine, who was there as a student of the law, +relates that he himself was sent off on a journey +of sixty miles to procure a copy of Vattel’s Law +of Nations. From this and other works of international +law, the old lawyer “made many quotations; +and with the whole syllabus of notes and +heads of arguments, he filled a manuscript volume +more than an inch thick, and closely written; a +book … bound with leather, and convenient for +carrying in his pocket. He had in his yard … +an office, built at some distance from his dwelling, +and an avenue of fine black locusts shaded a walk +in front of it.… He usually walked and meditated, +when the weather permitted, in this shaded +avenue.… For several days in succession, before +his departure to Richmond to attend the +court,” the orator was seen “walking frequently +in this avenue, with his note-book in his hand, +which he often opened and read; and from his +gestures, while promenading alone in the shade of +the locusts,” it was supposed that he was committing +his speech to memory.<a name="FNanchor420" id="FNanchor420"></a><a href="#Footnote-420" class="fnanchor">[420]</a> According to another +account, so eager was his application to this labor +that, in one stage of it, “he shut himself up in +his office for three days, during which he did not +<span class="pgnm"><a name="Page_362" id="Page_362">[Pg 362]</a></span> +see his family; his food was handed by a servant +through the office door.”<a name="FNanchor421" id="FNanchor421"></a><a href="#Footnote-421" class="fnanchor">[421]</a> Of all this preparation, +not unworthy to be called Demosthenic, the result +was, if we may accept the opinion of one eminent +lawyer, that Patrick Henry “came forth, on this +occasion, a perfect master of every law, national +and municipal, which touched the subject of investigation +in the most distant point.”<a name="FNanchor422" id="FNanchor422"></a><a href="#Footnote-422" class="fnanchor">[422]</a></p> + +<p>It was on the 14th of November, 1791, that the +cause came on to be argued in the court-house at +Richmond, before Judges Johnson and Blair of +the Supreme Court, and Judge Griffin of that district. +The case of the plaintiff was opened by Mr. +Counsellor Baker, whose argument lasted till the +evening of that day. Patrick Henry was to begin +his argument in reply the next morning.</p> + +<div class="blockquot"><p>“The legislature was then in session; but when +eleven o’clock, the hour for the meeting of the court, +arrived, the speaker found himself without a house to +do business. All his authority and that of his sergeant +at arms were unavailing to keep the members in their +seats: every consideration of public duty yielded to the +anxiety which they felt, in common with the rest of +their fellow citizens, to hear this great man on this truly +great and extensively interesting question. Accordingly, +when the court was ready to proceed to business, the +court-room of the capitol, large as it is, was insufficient +to contain the vast concourse that was pressing to enter +it. The portico, and the area in which the statue of +Washington stands, were filled with a disappointed +<span class="pgnm"><a name="Page_363" id="Page_363">[Pg 363]</a></span> +crowd, who nevertheless maintained their stand without. +In the court-room itself, the judges, through condescension +to the public anxiety, relaxed the rigor of respect +which they were in the habit of exacting, and permitted +the vacant seats of the bench, and even the windows +behind it, to be occupied by the impatient multitude. +The noise and tumult occasioned by seeking a more favorable +station was at length hushed, and the profound +silence which reigned within the room gave notice to +those without that the orator had risen, or was on the +point of rising. Every eye in front of the bar was +riveted upon him with the most eager attention; and +so still and deep was the silence that every one might +hear the throbbing of his own heart. Mr. Henry, however, +appeared wholly unconscious that all this preparation +was on his account, and rose with as much simplicity +and composure as if the occasion had been one +of ordinary occurrence.… It may give the reader +some idea of the amplitude of the argument, when he +is told that Mr. Henry was engaged three days successively +in its delivery; and some faint conception of the +enchantment which he threw over it, when he learns +that although it turned entirely on questions of law, yet +the audience, mixed as it was, seemed so far from being +wearied, that they followed him throughout with increased +enjoyment. The room continued full to the +last; and such was ‘the listening silence’ with which he +was heard, that not a syllable that he uttered is believed +to have been lost. When he finally sat down, the concourse +rose, with a general murmur of admiration; the +scene resembled the breaking up and dispersion of a +great theatrical assembly, which had been enjoying, for +the first time, the exhibition of some new and splendid +<span class="pgnm"><a name="Page_364" id="Page_364">[Pg 364]</a></span> +drama; the speaker of the House of Delegates was at +length able to command a quorum for business; and +every quarter of the city, and at length every part of +the State, was filled with the echoes of Mr. Henry’s +eloquent speech.”<a name="FNanchor423" id="FNanchor423"></a><a href="#Footnote-423" class="fnanchor">[423]</a></p></div> + +<p>In the spring of 1793 this cause was argued a +second time, before the same district judge, and, in +addition, before Mr. Chief Justice Jay, and Mr. +Justice Iredell of the Supreme Court. On this +occasion, apparently, there was the same eagerness +to hear Patrick Henry as before,—an eagerness +which was shared in by the two visiting judges, as +is indicated in part by a letter from Judge Iredell, +who, on the 27th of May, thus wrote to his wife: +“We began on the great British causes the second +day of the court, and are now in the midst of them. +The great Patrick Henry is to speak to-day.”<a name="FNanchor424" id="FNanchor424"></a><a href="#Footnote-424" class="fnanchor">[424]</a> +Among the throng of people who then poured into +the court-room was John Randolph of Roanoke, +then a stripling of twenty years, who, having got a +position very close to the judges, was made aware +of their conversation with one another as the case +proceeded. He describes the orator as not expecting +to speak at that time; “as old, very much +wrapped up, and resting his head on the bar.” +Meanwhile the chief justice, who, in earlier days, +had often heard Henry in the Continental Congress, +told Iredell that that feeble old gentleman +in mufflers, with his head bowed wearily down +<span class="pgnm"><a name="Page_365" id="Page_365">[Pg 365]</a></span> +upon the bar, was “the greatest of orators.” “Iredell +doubted it; and, becoming impatient to hear +him, they requested him to proceed with his argument, +before he had intended to speak.… As he +arose, he began to complain that it was a hardship, +too great, to put the laboring oar into the hands +of a decrepit old man, trembling, with one foot in +the grave, weak in his best days, and far inferior +to the able associate by him.” Randolph then +gives an outline of his progress through the earlier +and somewhat tentative stages of his speech, comparing +his movement to the exercise “of a first-rate, +four-mile race-horse, sometimes displaying his +whole power and speed for a few leaps, and then +taking up again.” “At last,” according to Randolph, +the orator “got up to full speed; and took +a rapid view of what England had done, when she +had been successful in arms; and what would +have been our fate, had we been unsuccessful. The +color began to come and go in the face of the chief +justice; while Iredell sat with his mouth and eyes +stretched open, in perfect wonder. Finally, Henry +arrived at his utmost height and grandeur. He +raised his hands in one of his grand and solemn +pauses.… There was a tumultuous burst of applause; +and Judge Iredell exclaimed, ‘Gracious +God! he is an orator indeed!’”<a name="FNanchor425" id="FNanchor425"></a><a href="#Footnote-425" class="fnanchor">[425]</a> It is said, also, +by another witness, that Henry happened that day +to wear on his finger a diamond ring; and that +<span class="pgnm"><a name="Page_366" id="Page_366">[Pg 366]</a></span> +in the midst of the supreme splendor of his eloquence, +a distinguished English visitor who had +been given a seat on the bench, said with significant +emphasis to one of the judges, “The diamond +is blazing!”<a name="FNanchor426" id="FNanchor426"></a><a href="#Footnote-426" class="fnanchor">[426]</a></p> + +<p>As examples of forensic eloquence, on a great +subject, before a great and a fit assemblage, his +several speeches in the case of the British debts +were, according to all the testimony, of the highest +order of merit. What they were as examples of +legal learning and of legal argumentation, may be +left for every lawyer to judge for himself, by reading, +if he so pleases, the copious extracts which +have been preserved from the stenographic reports +of these speeches, as taken by Robertson. Even +from that point of view, they appear not to have +suffered by comparison with the efforts made, in +that cause, on the same side, by John Marshall +himself. No inconsiderable portion of his auditors +were members of the bar; and those keen and +competent critics are said to have acknowledged +themselves as impressed “not less by the matter +than the manner” of his speeches.<a name="FNanchor427" id="FNanchor427"></a><a href="#Footnote-427" class="fnanchor">[427]</a> Moreover, +though not expressly mentioned, Patrick Henry’s +argument is pointedly referred to in the high compliment +pronounced by Judge Iredell, when giving +his opinion in this case:—</p> + +<div class="blockquot"><p>“The cause has been spoken to, at the bar, with a +degree of ability equal to any occasion.… I shall, as +<span class="pgnm"><a name="Page_367" id="Page_367">[Pg 367]</a></span> +long as I live, remember with pleasure and respect the +arguments which I have heard in this case. They have +discovered an ingenuity, a depth of investigation, and a +power of reasoning fully equal to anything I have ever +witnessed; and some of them have been adorned with a +splendor of eloquence surpassing what I have ever felt +before. Fatigue has given way under its influence, and +the heart has been warmed, while the understanding has +been instructed.”<a name="FNanchor428" id="FNanchor428"></a><a href="#Footnote-428" class="fnanchor">[428]</a></p></div> + +<p>It will be readily understood, however, that +while Patrick Henry’s practice included important +causes turning, like the one just described, on propositions +of law, and argued by him before the +highest tribunals, the larger part of the practice +to be had in Virginia at that time must have been +in actions tried before juries, in which his success +was chiefly due to his amazing endowments of +sympathy, imagination, tact, and eloquence. The +testimony of contemporary witnesses respecting +his power in this direction is most abundant, and +also most interesting; and, for obvious reasons, +such portions of it as are now to be reproduced +should be given in the very language of the persons +who thus heard him, criticised him, and made +deliberate report concerning him.</p> + +<p>First of all, in the way of preliminary analysis +of Henry’s genius and methods as an advocate before +juries, may be cited a few sentences of Wirt, +who, indeed, never heard him, but who, being himself +a very gifted and a very ambitious advocate,<span class="pgnm"><a name="Page_368" id="Page_368">[Pg 368]</a></span> +eagerly collected and keenly scanned the accounts +of many who had heard him:—</p> + +<div class="blockquot"><p>“He adapted himself, without effort, to the character +of the cause; seized with the quickness of intuition its +defensible point, and never permitted the jury to lose +sight of it. Sir Joshua Reynolds has said of Titian, +that, by a few strokes of his pencil, he knew how to +mark the image and character of whatever object he +attempted; and produced by this means a truer representation +than any of his predecessors, who finished +every hair. In like manner Mr. Henry, by a few +master-strokes upon the evidence, could in general +stamp upon the cause whatever image or character he +pleased; and convert it into tragedy or comedy, at his +sovereign will, and with a power which no efforts of his +adversary could counteract. He never wearied the jury +by a dry and minute analysis of the evidence; he did +not expend his strength in finishing the hairs; he produced +all his high effect by those rare master-touches, +and by the resistless skill with which, in a very few +words, he could mould and color the prominent facts of +a cause to his purpose. He had wonderful address, too, +in leading off the minds of his hearers from the contemplation +of unfavorable points, if at any time they were +too stubborn to yield to his power of transformation.… +It required a mind of uncommon vigilance, and +most intractable temper, to resist this charm with which +he decoyed away his hearers; it demanded a rapidity +of penetration, which is rarely, if ever, to be found in +the jury-box, to detect the intellectual juggle by which +he spread his nets around them; it called for a stubbornness +and obduracy of soul which does not exist, to +<span class="pgnm"><a name="Page_369" id="Page_369">[Pg 369]</a></span> +sit unmoved under the pictures of horror or of pity +which started from his canvas. They might resolve, if +they pleased, to decide the cause against him, and to +disregard everything which he could urge in the defence +of his client. But it was all in vain. Some feint +in an unexpected direction threw them off their guard, +and they were gone; some happy phrase, burning from +the soul; some image fresh from nature’s mint, and +bearing her own beautiful and genuine impress, struck +them with delightful surprise, and melted them into +conciliation; and conciliation towards Mr. Henry was +victory inevitable. In short, he understood the human +character so perfectly; knew so well all its strength and +all its weaknesses, together with every path and by-way +which winds around the citadel of the best fortified +heart and mind, that he never failed to take them, +either by stratagem or storm.”<a name="FNanchor429" id="FNanchor429"></a><a href="#Footnote-429" class="fnanchor">[429]</a></p></div> + +<p>Still further, in the way of critical analysis, +should be cited the opinion of a distinguished +student and master of eloquence, the Rev. Archibald +Alexander of Princeton, who, having more +than once heard Patrick Henry, wrote out, with a +scholar’s precision, the results of his own keen +study into the great advocate’s success in subduing +men, and especially jurymen:—</p> + +<div class="blockquot"><p>“The power of Henry’s eloquence was due, first, to +the greatness of his emotion and passion, accompanied +with a versatility which enabled him to assume at once +any emotion or passion which was suited to his ends. +Not less indispensable, secondly, was a matchless perfection +<span class="pgnm"><a name="Page_370" id="Page_370">[Pg 370]</a></span> +of the organs of expression, including the entire +apparatus of voice, intonation, pause, gesture, attitude, +and indescribable play of countenance. In no instance +did he ever indulge in an expression that was not instantly +recognized as nature itself; yet some of his penetrating +and subduing tones were absolutely peculiar, and +as inimitable as they were indescribable. These were +felt by every hearer, in all their force. His mightiest +feelings were sometimes indicated and communicated +by a long pause, aided by an eloquent aspect, and some +significant use of his finger. The sympathy between +mind and mind is inexplicable. Where the channels of +communication are open, the faculty of revealing inward +passion great, and the expression of it sudden and visible, +the effects are extraordinary. Let these shocks of +influence be repeated again and again, and all other +opinions and ideas are for the moment absorbed or excluded; +the whole mind is brought into unison with that +of the speaker; and the spell-bound listener, till the +cause ceases, is under an entire fascination. Then perhaps +the charm ceases, upon reflection, and the infatuated +hearer resumes his ordinary state.</p> + +<p>“Patrick Henry, of course, owed much to his singular +insight into the feelings of the common mind. In +great cases he scanned his jury, and formed his mental +estimate; on this basis he founded his appeals to their +predilections and character. It is what other advocates +do, in a lesser degree. When he knew that there were +conscientious or religious men among the jury, he would +most solemnly address himself to their sense of right, +and would adroitly bring in scriptural citations. If this +handle was not offered, he would lay bare the sensibility +of patriotism. Thus it was, when he succeeded in rescuing +<span class="pgnm"><a name="Page_371" id="Page_371">[Pg 371]</a></span> +the man who had deliberately shot down a neighbor; +who moreover lay under the odious suspicion of being a +Tory, and who was proved to have refused supplies to a +brigade of the American army.”<a name="FNanchor430" id="FNanchor430"></a><a href="#Footnote-430" class="fnanchor">[430]</a></p></div> + +<p>Passing now from these general descriptions to +particular instances, we may properly request Dr. +Alexander to remain somewhat longer in the witness-stand, +and to give us, in detail, some of his +own recollections of Patrick Henry. His testimony, +accordingly, is in these words:—</p> + +<div class="blockquot"><p>“From my earliest childhood I had been accustomed +to hear of the eloquence of Patrick Henry. On this +subject there existed but one opinion in the country. +The power of his eloquence was felt equally by the +learned and the unlearned. No man who ever heard +him speak, on any important occasion, could fail to admit +his uncommon power over the minds of his hearers.… +Being then a young man, just entering on a profession +in which good speaking was very important, it +was natural for me to observe the oratory of celebrated +men. I was anxious to ascertain the true secret of their +power; or what it was which enabled them to sway the +minds of hearers, almost at their will.</p> + +<p>“In executing a mission from the synod of Virginia, +in the year 1794, I had to pass through the county +of Prince Edward, where Mr. Henry then resided. +Understanding that he was to appear before the circuit +court, which met in that county, in defence of three +men charged with murder, I determined to seize the +opportunity of observing for myself the eloquence of +this extraordinary orator. It was with some difficulty +<span class="pgnm"><a name="Page_372" id="Page_372">[Pg 372]</a></span> +I obtained a seat in front of the bar, where I could +have a full view of the speaker, as well as hear him +distinctly. But I had to submit to a severe penance in +gratifying my curiosity; for the whole day was occupied +with the examination of witnesses, in which Mr. +Henry was aided by two other lawyers. In person, +Mr. Henry was lean rather than fleshy. He was rather +above than below the common height, but had a stoop +in the shoulders which prevented him from appearing +as tall as he really was. In his moments of animation, +he had the habit of straightening his frame, and adding +to his apparent stature. He wore a brown wig, which +exhibited no indication of any great care in the dressing. +Over his shoulders he wore a brown camlet cloak. +Under this his clothing was black, something the worse +for wear. The expression of his countenance was that +of solemnity and deep earnestness. His mind appeared +to be always absorbed in what, for the time, occupied +his attention. His forehead was high and spacious, and +the skin of his face more than usually wrinkled for a +man of fifty. His eyes were small and deeply set in +his head, but were of a bright blue color, and twinkled +much in their sockets. In short, Mr. Henry’s appearance +had nothing very remarkable, as he sat at rest. +You might readily have taken him for a common +planter, who cared very little about his personal appearance. +In his manners he was uniformly respectful and +courteous. Candles were brought into the court-house, +when the examination of the witnesses closed; and the +judges put it to the option of the bar whether they +would go on with the argument that night or adjourn +until the next day. Paul Carrington, Junior, the attorney +for the State, a man of large size, and uncommon +<span class="pgnm"><a name="Page_373" id="Page_373">[Pg 373]</a></span> +dignity of person and manner, and also an accomplished +lawyer, professed his willingness to proceed immediately, +while the testimony was fresh in the minds of all. +Now for the first time I heard Mr. Henry make anything +of a speech; and though it was short, it satisfied +me of one thing, which I had particularly desired to +have decided: namely, whether like a player he merely +assumed the appearance of feeling. His manner of addressing +the court was profoundly respectful. He would +be willing to proceed with the trial, ‘but,’ said he, ‘my +heart is so oppressed with the weight of responsibility +which rests upon me, having the lives of three fellow +citizens depending, probably, on the exertions which I +may be able to make in their behalf (here he turned +to the prisoners behind him), that I do not feel able +to proceed to-night. I hope the court will indulge me, +and postpone the trial till the morning.’ The impression +made by these few words was such as I assure +myself no one can ever conceive by seeing them in +print. In the countenance, action, and intonation of the +speaker, there was expressed such an intensity of feeling, +that all my doubts were dispelled; never again +did I question whether Henry felt, or only acted a +feeling. Indeed, I experienced an instantaneous sympathy +with him in the emotions which he expressed; +and I have no doubt the same sympathy was felt by +every hearer.</p> + +<p>“As a matter of course, the proceedings were deferred +till the next morning. I was early at my post; +the judges were soon on the bench, and the prisoners at +the bar. Mr. Carrington … opened with a clear and +dignified speech, and presented the evidence to the jury. +Everything seemed perfectly plain. Two brothers and +<span class="pgnm"><a name="Page_374" id="Page_374">[Pg 374]</a></span> +a brother-in-law met two other persons in pursuit of a +slave, supposed to be harbored by the brothers. After +some altercation and mutual abuse, one of the brothers, +whose name was John Ford, raised a loaded gun which +he was carrying, and presenting it at the breast of one +of the other pair, shot him dead, in open day. There +was no doubt about the fact. Indeed, it was not denied. +There had been no other provocation than opprobrious +words. It is presumed that the opinion of every juror +was made up from merely hearing the testimony; as +Tom Harvey, the principal witness, who was acting as +constable on the occasion, appeared to be a respectable +man. For the clearer understanding of what follows, it +must be observed that said constable, in order to distinguish +him from another of the name, was commonly +called Butterwood Harvey, as he lived on Butterwood +Creek. Mr. Henry, it is believed, understanding that +the people were on their guard against his faculty of +moving the passions and through them influencing the +judgment, did not resort to the pathetic as much as was +his usual practice in criminal cases. His main object +appeared to be, throughout, to cast discredit on the testimony +of Tom Harvey. This he attempted by causing +the law respecting riots to be read by one of his assistants. +It appeared in evidence that Tom Harvey had +taken upon him to act as constable, without being in +commission; and that with a posse of men he had entered +the house of one of the Fords in search of the +negro, and had put Mrs. Ford, in her husband’s absence, +into a great terror, while she was in a very delicate +condition, near the time of her confinement. As +he descanted on the evidence, he would often turn to +Tom Harvey—a large, bold-looking man—and with +<span class="pgnm"><a name="Page_375" id="Page_375">[Pg 375]</a></span> +the most sarcastic look would call him by some name +of contempt; ‘this Butterwood Tom Harvey,’ ‘this +would-be constable,’ etc. By such expressions, his contempt +for the man was communicated to the hearers. +I own I felt it gaining on me, in spite of my better +judgment; so that before he was done, the impression +was strong on my mind that Butterwood Harvey was +undeserving of the smallest credit. This impression, +however, I found I could counteract the moment I had +time for reflection. The only part of the speech in +which he manifested his power of touching the feelings +strongly, was where he dwelt on the irruption of the +company into Ford’s house, in circumstances so perilous +to the solitary wife. This appeal to the sensibility of +husbands—and he knew that all the jury stood in this +relation—was overwhelming. If the verdict could +have been rendered immediately after this burst of the +pathetic, every man, at least every husband, in the +house, would have been for rejecting Harvey’s testimony, +if not for hanging him forthwith.”<a name="FNanchor431" id="FNanchor431"></a><a href="#Footnote-431" class="fnanchor">[431]</a></p></div> + +<p>A very critical and cool-headed witness respecting +Patrick Henry’s powers as an advocate was Judge +Spencer Roane, who presided in one of the courts +in which the orator was much engaged after his +return to the bar in 1786:—</p> + +<div class="blockquot"><p>“When I saw him there,” writes Judge Roane, “he +must necessarily have been very rusty; yet I considered +him as a good lawyer.… It was as a criminal lawyer +that his eloquence had the finest scope.… He was a +perfect master of the passions of his auditory, whether +in the tragic or the comic line. The tones of his voice, +<span class="pgnm"><a name="Page_376" id="Page_376">[Pg 376]</a></span> +to say nothing of his matter and gesture, were insinuated +into the feelings of his hearers, in a manner that +baffled all description. It seemed to operate by mere +sympathy, and by his tones alone it seemed to me that +he could make you cry or laugh at pleasure. Yet his +gesture came powerfully in aid, and, if necessary, would +approach almost to the ridiculous.… I will try to +give some account of his tragic and comic effect in two +instances that came before me. About the year 1792, +one Holland killed a young man in Botetourt.… +Holland had gone up from Louisa as a schoolmaster, +but had turned out badly, and was very unpopular. The +killing was in the night, and was generally believed to +be murder.… At the instance of the father and for a +reasonable fee, Mr. H. undertook to go to Greenbrier +court to defend Holland. Mr. Winston and myself were +the judges. Such were the prejudices there, as I was +afterwards informed by Thomas Madison, that the people +there declared that even Patrick Henry need not +come to defend Holland, unless he brought a jury with +him. On the day of the trial the court-house was +crowded, and I did not move from my seat for fourteen +hours, and had no wish to do so. The examination took +up a great part of the time, and the lawyers were probably +exhausted. Breckenridge was eloquent, but Henry +left no dry eye in the court-house. The case, I believe, +was murder, though, possibly, manslaughter only; and +Henry laid hold of this possibility with such effect as to +make all forget that Holland had killed the storekeeper, +and presented the deplorable case of the jury’s killing +Holland, an innocent man. He also presented, as it +were, at the clerk’s table, old Holland and his wife, who +were then in Louisa, and asked what must be the feeling +<span class="pgnm"><a name="Page_377" id="Page_377">[Pg 377]</a></span> +of this venerable pair at this awful moment, and +what the consequences to them of a mistaken verdict +affecting the life of their son. He caused the jury to +lose sight of the murder they were then trying, and weep +with old Holland and his wife, whom he painted, and +perhaps proved to be, very respectable. All this was +done in a manner so solemn and touching, and a tone so +irresistible, that it was impossible for the stoutest heart +not to take sides with the criminal.… The result of +the trial was, that, after a retirement of an half or +quarter of an hour, the jury brought in a verdict of not +guilty! But on being reminded by the court that they +might find an inferior degree of homicide, they brought +in a verdict of manslaughter.</p> + +<p>“Mr. Henry was equally successful in the comic line.… +The case was that a wagoner and the plaintiff were +travelling to Richmond, and the wagoner knocked down +a turkey and put it into his wagon. Complaint was +made to the defendant, a justice; both the parties were +taken up; and the wagoner agreed to take a whipping +rather than be sent to jail. But the plaintiff refused. +The justice, however, gave him, also, a small whipping; +and for this the suit was brought. The plaintiff’s plea +was that he was wholly innocent of the act committed. +Mr. H., on the contrary, contended that he was a party +aiding and assisting. In the course of his remarks he +thus expressed himself: ‘But, gentlemen of the jury, +this plaintiff tells you that he had nothing to do with the +turkey. I dare say, gentlemen,—not until it was +roasted!’ and he pronounced the word—‘roasted’—with +such rotundity of voice, and comicalness of manner +and gesture, that it threw every one into a fit of laughter +at the plaintiff, who stood up in the place usually +<span class="pgnm"><a name="Page_378" id="Page_378">[Pg 378]</a></span> +allotted to the criminals; and the defendant was let off +with little or no damages.”<a name="FNanchor432" id="FNanchor432"></a><a href="#Footnote-432" class="fnanchor">[432]</a></p></div> + +<p>Finally, we must recall, in illustration of our +present subject, an anecdote left on record in 1813, +by the Rev. Conrad Speece, highly distinguished +during his lifetime, in the Presbyterian communion:—</p> + +<div class="blockquot"><p>“Many years ago,” he then wrote, “I was at the +trial, in one of our district courts, of a man charged with +murder. The case was briefly this: the prisoner had +gone, in execution of his office as a constable, to arrest +a slave who had been guilty of some misconduct, and +bring him to justice. Expecting opposition in the business, +the constable took several men with him, some of +them armed. They found the slave on the plantation of +his master, within view of the house, and proceeded to +seize and bind him. His mistress, seeing the arrest, +came down and remonstrated vehemently against it. +Finding her efforts unavailing, she went off to a barn +where her husband was, who was presently perceived +running briskly to the house. It was known he always +kept a loaded rifle over his door. The constable now +desired his company to remain where they were, taking +care to keep the slave in custody, while he himself would +go to the house to prevent mischief. He accordingly +ran towards the house. When he arrived within a short +distance of it, the master appeared coming out of the +door with his rifle in his hand. Some witnesses said +that as he came to the door he drew the cock of the +piece, and was seen in the act of raising it to the position +of firing. But upon these points there was not an +<span class="pgnm"><a name="Page_379" id="Page_379">[Pg 379]</a></span> +entire agreement in the evidence. The constable, standing +near a small building in the yard, at this instant +fired, and the fire had a fatal effect. No previous malice +was proved against him; and his plea upon the trial +was, that he had taken the life of his assailant in necessary +self-defence.</p> + +<p>“A great mass of testimony was delivered. This was +commented upon with considerable ability by the lawyer +for the commonwealth, and by another lawyer engaged +by the friends of the deceased for the prosecution. The +prisoner was also defended, in elaborate speeches, by +two respectable advocates. These proceedings brought +the day to a close. The general whisper through a +crowded house was, that the man was guilty and could +not be saved.</p> + +<p>“About dusk, candles were brought, and Henry arose. +His manner was … plain, simple, and entirely unassuming. +‘Gentlemen of the jury,’ said he, ‘I dare say +we are all very much fatigued with this tedious trial. +The prisoner at the bar has been well defended already; +but it is my duty to offer you some further observations +in behalf of this unfortunate man. I shall aim at brevity. +But should I take up more of your time than you +expect, I hope you will hear me with patience, when +you consider that blood is concerned.’</p> + +<p>“I cannot admit the possibility that any one, who +never heard Henry speak, should be made fully to conceive +the force of impression which he gave to these few +words, ‘blood is concerned.’ I had been on my feet +through the day, pushed about in the crowd, and was +excessively weary. I was strongly of opinion, too, notwithstanding +all the previous defensive pleadings, that +the prisoner was guilty of murder; and I felt anxious +<span class="pgnm"><a name="Page_380" id="Page_380">[Pg 380]</a></span> +to know how the matter would terminate. Yet when +Henry had uttered these words, my feelings underwent +an instantaneous change. I found everything within me +answering,—‘Yes, since blood is concerned, in the name +of all that is righteous, go on; we will hear you with +patience until the rising of to-morrow’s sun!’ This +bowing of the soul must have been universal; for the +profoundest silence reigned, as if our very breath had +been suspended. The spell of the magician was upon +us, and we stood like statues around him. Under the +touch of his genius, every particular of the story assumed +a new aspect, and his cause became continually more +bright and promising. At length he arrived at the fatal +act itself: ‘You have been told, gentlemen, that the +prisoner was bound by every obligation to avoid the +supposed necessity of firing, by leaping behind a house +near which he stood at that moment. Had he been +attacked with a club, or with stones, the argument would +have been unanswerable, and I should feel myself compelled +to give up the defence in despair. But surely +I need not tell you, gentlemen, how wide is the difference +between sticks or stones, and double-triggered, loaded +rifles cocked at your breast!’ The effect of this terrific +image, exhibited in this great orator’s peerless manner, +cannot be described. I dare not attempt to delineate +the paroxysm of emotion which it excited in every heart. +The result of the whole was, that the prisoner was acquitted; +with the perfect approbation, I believe, of the +numerous assembly who attended the trial. What was +it that gave such transcendent force to the eloquence of +Henry? His reasoning powers were good; but they +have been equalled, and more than equalled, by those +of many other men. His imagination was exceedingly +<span class="pgnm"><a name="Page_381" id="Page_381">[Pg 381]</a></span> +quick, and commanded all the stores of nature, as +materials for illustrating his subject. His voice and +delivery were inexpressibly happy. But his most irresistible +charm was the vivid feeling of his cause, with +which he spoke. Such feeling infallibly communicates +itself to the breast of the hearer.”<a name="FNanchor433" id="FNanchor433"></a><a href="#Footnote-433" class="fnanchor">[433]</a></p></div> + + +<div class="footnotes"> +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-416" id="Footnote-416"></a><a href="#FNanchor416"><span class="label">[416]</span></a> Winston, in Wirt, 260.</p></div> + +<div class="footnote"><p><a name="Footnote-417" id="Footnote-417"></a><a href="#FNanchor417"><span class="label">[417]</span></a> Ware, Administrator of Jones, Plaintiff in Error, <i>v.</i> Hylton <i>et +al.</i>, Curtis, <i>Decisions</i>, i. 164-229.</p></div> + +<div class="footnote"><p><a name="Footnote-418" id="Footnote-418"></a><a href="#FNanchor418"><span class="label">[418]</span></a> Wirt, 316-318.</p></div> + +<div class="footnote"><p><a name="Footnote-419" id="Footnote-419"></a><a href="#FNanchor419"><span class="label">[419]</span></a> <i>Ibid.</i> 312.</p></div> + +<div class="footnote"><p><a name="Footnote-420" id="Footnote-420"></a><a href="#FNanchor420"><span class="label">[420]</span></a> Edward Fontaine, MS.</p></div> + +<div class="footnote"><p><a name="Footnote-421" id="Footnote-421"></a><a href="#FNanchor421"><span class="label">[421]</span></a> Howe, <i>Hist. Coll. Va.</i> 221.</p></div> + +<div class="footnote"><p><a name="Footnote-422" id="Footnote-422"></a><a href="#FNanchor422"><span class="label">[422]</span></a> Wirt, 312.</p></div> + +<div class="footnote"><p><a name="Footnote-423" id="Footnote-423"></a><a href="#FNanchor423"><span class="label">[423]</span></a> Wirt, 320-321; 368-369.</p></div> + +<div class="footnote"><p><a name="Footnote-424" id="Footnote-424"></a><a href="#FNanchor424"><span class="label">[424]</span></a> McRee, <i>Life of Iredell</i>, ii. 394.</p></div> + +<div class="footnote"><p><a name="Footnote-425" id="Footnote-425"></a><a href="#FNanchor425"><span class="label">[425]</span></a> Memorandum of J. W. Bouldin, in <i>Hist. Mag.</i> for 1873, 274-275.</p></div> + +<div class="footnote"><p><a name="Footnote-426" id="Footnote-426"></a><a href="#FNanchor426"><span class="label">[426]</span></a> Howe, <i>Hist. Coll. Va.</i> 222.</p></div> + +<div class="footnote"><p><a name="Footnote-427" id="Footnote-427"></a><a href="#FNanchor427"><span class="label">[427]</span></a> Judge Spencer Roane, MS.</p></div> + +<div class="footnote"><p><a name="Footnote-428" id="Footnote-428"></a><a href="#FNanchor428"><span class="label">[428]</span></a> McRee, <i>Life of Iredell</i>, ii. 395.</p></div> + +<div class="footnote"><p><a name="Footnote-429" id="Footnote-429"></a><a href="#FNanchor429"><span class="label">[429]</span></a> Wirt, 75-76.</p></div> + +<div class="footnote"><p><a name="Footnote-430" id="Footnote-430"></a><a href="#FNanchor430"><span class="label">[430]</span></a> J. W. Alexander, <i>Life of A. Alexander</i>, 191-192.</p></div> + +<div class="footnote"><p><a name="Footnote-431" id="Footnote-431"></a><a href="#FNanchor431"><span class="label">[431]</span></a> J. W. Alexander, <i>Life of Archibald Alexander</i>, 183-187.</p></div> + +<div class="footnote"><p><a name="Footnote-432" id="Footnote-432"></a><a href="#FNanchor432"><span class="label">[432]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-433" id="Footnote-433"></a><a href="#FNanchor433"><span class="label">[433]</span></a> Howe. <i>Hist. Coll. Va.</i> 222-223.</p></div> + +</div> + +<p><span class="pgnm"><a name="Page_382" id="Page_382">[Pg 382]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER XXI <br /> +<span class="hsub">IN RETIREMENT</span></h2> + + +<p>In the year 1794, being then fifty-eight years +old, and possessed at last of a competent fortune, +Patrick Henry withdrew from his profession, and +resolved to spend in retirement the years that +should remain to him on earth. Removing from +Prince Edward County, he lived for a short time +at Long Island, in Campbell County; but in 1795 +he finally established himself in the county of +Charlotte, on an estate called Red Hill,—an estate +which continued to be his home during the rest of +his life, which gave to him his burial place, and +which still remains in the possession of his descendants.</p> + +<p>The rapidity with which he had thus risen out of +pecuniary embarrassments was not due alone to the +earnings of his profession during those few years; +for while his eminence as an advocate commanded +the highest fees, probably, that were then paid in +Virginia, it is apparent from his account-books that +those fees were not at all exorbitant, and for a +lawyer of his standing would not now be regarded +as even considerable. The truth is that, subsequently +to his youthful and futile attempts at business,<span class="pgnm"><a name="Page_383" id="Page_383">[Pg 383]</a></span> +he had so profited by the experiences of his +life as to have become a sagacious and an expert +man of business. “He could buy or sell a horse, +or a negro, as well as anybody, and was peculiarly +a judge of the value and quality of lands.”<a name="FNanchor434" id="FNanchor434"></a><a href="#Footnote-434" class="fnanchor">[434]</a> It +seems to have been chiefly from his investments in +lands, made by him with foresight and judgment, +and from which, for a long time, he had reaped +only burdens and anxieties, that he derived the +wealth that secured for him the repose of his last +years. The charge long afterward made by Jefferson, +that Patrick Henry’s fortune came either from +a mean use of his right to pay his land debts in a +depreciated currency “not worth oak-leaves,” or +from any connection on his part with the profligate +and infamous Yazoo speculation, has been shown, +by ample evidence, to be untrue.<a name="FNanchor435" id="FNanchor435"></a><a href="#Footnote-435" class="fnanchor">[435]</a></p> + +<p>The descriptions which have come down to us of +the life led by the old statesman in those last five +years of retirement make a picture pleasant to look +upon. The house at Red Hill, which then became +his home, “is beautifully situated on an elevated +ridge, the dividing line of Campbell and Charlotte, +within a quarter of a mile of the junction of Falling +River with the Staunton. From it the valley of the +Staunton stretches southward about three miles, +varying from a quarter to nearly a mile in width, +and of an oval-like form. Through most fertile +meadows waving in their golden luxuriance, slowly +<span class="pgnm"><a name="Page_384" id="Page_384">[Pg 384]</a></span> +winds the river, overhung by mossy foliage, while +on all sides gently sloping hills, rich in verdure, +enclose the whole, and impart to it an air of seclusion +and repose. From the brow of the hill, west +of the house, is a scene of an entirely different +character: the Blue Ridge, with the lofty peaks of +Otter, appears in the horizon at a distance of nearly +sixty miles.” Under the trees which shaded his +lawn, and “in full view of the beautiful valley +beneath, the orator was accustomed, in pleasant +weather, to sit mornings and evenings, with his +chair leaning against one of their trunks, and +a can of cool spring-water by his side, from +which he took frequent draughts. Occasionally, +he walked to and fro in the yard from one clump +of trees to the other, buried in revery, at which +times he was never interrupted.”<a name="FNanchor436" id="FNanchor436"></a><a href="#Footnote-436" class="fnanchor">[436]</a> +“His great delight,” +says one of his sons-in-law, “was in conversation, +in the society of his friends and family, +and in the resources of his own mind.”<a name="FNanchor437" id="FNanchor437"></a><a href="#Footnote-437" class="fnanchor">[437]</a> Thus +beneath his own roof, or under the shadow of his +own trees, he loved to sit, like a patriarch, with +his family and his guests gathered affectionately +around him, and there, free from ceremony as from +care, to give himself up to the interchange of congenial +thought whether grave or playful, and even +to the sports of the children. “His visitors,” writes +one of them, “have not unfrequently caught him +lying on the floor, with a group of these little ones +<span class="pgnm"><a name="Page_385" id="Page_385">[Pg 385]</a></span> +climbing over him in every direction, or dancing +around him with obstreperous mirth, to the tune +of his violin, while the only contest seemed to be +who should make the most noise.”<a name="FNanchor438" id="FNanchor438"></a><a href="#Footnote-438" class="fnanchor">[438]</a></p> + +<p>The evidence of contemporaries respecting the +sweetness of his spirit and his great lovableness in +private life is most abundant. One who knew him +well in his family, and who was also quite willing +to be critical upon occasion, has said:—</p> + +<div class="blockquot"><p>“With respect to the domestic character of Mr. +Henry, nothing could be more amiable. In every relation, +as a husband, father, master, and neighbor, he +was entirely exemplary. As to the disposition of Mr. +Henry, it was the best imaginable. I am positive that +I never saw him in a passion, nor apparently even out +of temper. Circumstances which would have highly +irritated other men had no such visible effect on him. +He was always calm and collected; and the rude attacks +of his adversaries in debate only whetted the poignancy +of his satire.… Shortly after the Constitution was +adopted, a series of the most abusive and scurrilous +pieces came out against him, under the signature of +Decius. They were supposed to be written by John +Nicholas, … with the assistance of other more important +men. They assailed Mr. Henry’s conduct in +the Convention, and slandered his character by various +stories hatched up against him. These pieces were extremely +hateful to all Mr. Henry’s friends, and, indeed, +to a great portion of the community. I was at his +house in Prince Edward during the thickest of them.… +He evinced no feeling on the occasion, and far less +<span class="pgnm"><a name="Page_386" id="Page_386">[Pg 386]</a></span> +condescended to parry the effects on the public mind. +It was too puny a contest for him, and he reposed upon +the consciousness of his own integrity.… With many +sublime virtues, he had no vice that I knew or ever +heard of, and scarcely a foible. I have thought, indeed, +that he was too much attached to property,—a defect, +however, which might be excused when we reflect on +the largeness of a beloved family, and the straitened +circumstances in which he had been confined during a +great part of his life.”<a name="FNanchor439" id="FNanchor439"></a><a href="#Footnote-439" class="fnanchor">[439]</a></p></div> + +<p>Concerning his personal habits, we have, through +his grandson, Patrick Henry Fontaine, some testimony +which has the merit of placing the great +man somewhat more familiarly before us. “He +was,” we are told, “very abstemious in his diet, +and used no wine or alcoholic stimulants. Distressed +and alarmed at the increase of drunkenness +after the Revolutionary war, he did everything +in his power to arrest the vice. He thought +that the introduction of a harmless beverage, as a +substitute for distilled spirits, would be beneficial. +To effect this object, he ordered from his merchant +in Scotland a consignment of barley, and a Scotch +brewer and his wife to cultivate the grain, and +make small beer. To render the beverage fashionable +and popular, he always had it upon his table +while he was governor during his last term of +office; and he continued its use, but drank nothing +stronger, while he lived.”<a name="FNanchor440" id="FNanchor440"></a><a href="#Footnote-440" class="fnanchor">[440]</a></p> + +<p>Though he was always a most loyal Virginian,<span class="pgnm"><a name="Page_387" id="Page_387">[Pg 387]</a></span> +he became, particularly in his later years, very unfriendly +to that renowned and consolatory herb so +long associated with the fame and fortune of his +native State.</p> + +<div class="blockquot"><p>“In his old age, the condition of his nervous system +made the scent of a tobacco-pipe very disagreeable to +him. The old colored house-servants were compelled +to hide their pipes, and rid themselves of the scent of +tobacco, before they ventured to approach him.… +They protested that they had not smoked, or seen a +pipe; and he invariably proved the culprit guilty by following +the scent, and leading them to the corn-cob pipes +hid in some crack or cranny, which he made them take +and throw instantly into the kitchen fire, without reforming +their habits, or correcting the evil, which is likely to +continue as long as tobacco will grow.”<a name="FNanchor441" id="FNanchor441"></a><a href="#Footnote-441" class="fnanchor">[441]</a></p></div> + +<p>Concerning another of his personal habits, during +the years thus passed in retirement at Red +Hill, there is a charming description, also derived +from the grandson to whom we are indebted for the +facts just mentioned:—</p> + +<div class="blockquot"><p>“His residence overlooked a large field in the bottom +of Staunton River, the most of which could be seen from +his yard. He rose early; and in the mornings of the +spring, summer, and fall, before sunrise, while the air +was cool and calm, reflecting clearly and distinctly the +sounds of the lowing herds and singing birds, he stood +upon an eminence, and gave orders and directions to his +servants at work a half mile distant from him. The +strong, musical voices of the negroes responded to him.<span class="pgnm"><a name="Page_388" id="Page_388">[Pg 388]</a></span> +During this elocutionary morning exercise, his enunciation +was clear and distinct enough to be heard over an +area which ten thousand people could not have filled; +and the tones of his voice were as melodious as the notes +of an Alpine horn.”<a name="FNanchor442" id="FNanchor442"></a><a href="#Footnote-442" class="fnanchor">[442]</a></p></div> + +<p>Of course the house-servants and the field-servants +just mentioned were slaves; and, from the beginning +to the end of his life, Patrick Henry was +a slaveholder. He bought slaves, he sold slaves, +and, along with the other property—the lands, the +houses, the cattle—bequeathed by him to his heirs, +were numerous human beings of the African race. +What, then, was the opinion respecting slavery +held by this great champion of the rights of man? +“Is it not amazing”—thus he wrote in 1773—“that, +at a time when the rights of humanity are +defined and understood with precision, in a country +above all others fond of liberty, in such an age, we +find men, professing a religion the most humane, +mild, meek, gentle, and generous, adopting a principle +as repugnant to humanity as it is inconsistent +with the Bible and destructive to liberty?… +Would any one believe that I am master of slaves +of my own purchase? I am drawn along by the +general inconvenience of living without them. I +will not, I cannot, justify it; however culpable my +conduct, I will so far pay my ‘devoir’ to virtue as +to own the excellence and rectitude of her precepts, +and to lament my want of conformity to them. I +believe a time will come when an opportunity will +<span class="pgnm"><a name="Page_389" id="Page_389">[Pg 389]</a></span> +be offered to abolish this lamentable evil: everything +we can do is to improve it, if it happens in +our day; if not, let us transmit to our descendants, +together with our slaves, a pity for their unhappy +lot, and an abhorrence of slavery. We owe to the +purity of our religion, to show that it is at variance +with that law which warrants slavery.”<a name="FNanchor443" id="FNanchor443"></a><a href="#Footnote-443" class="fnanchor">[443]</a> After the +Revolution, and before the adoption of the Constitution, +he earnestly advocated, in the Virginia House +of Delegates, some method of emancipation; and +even in the Convention of 1788, where he argued +against the Constitution on the ground that it +obviously conferred upon the general government, +in an emergency, that power of emancipation which, +in his opinion, should be retained by the States, +he still avowed his hostility to slavery, and at the +same time his inability to see any practicable means +of ending it: “Slavery is detested: we feel its +fatal effects,—we deplore it with all the pity of +humanity.… As we ought with gratitude to admire +that decree of Heaven which has numbered +us among the free, we ought to lament and deplore +the necessity of holding our fellow-men in bondage. +But is it practicable, by any human means, to liberate +them without producing the most dreadful +and ruinous consequences?”<a name="FNanchor444" id="FNanchor444"></a><a href="#Footnote-444" class="fnanchor">[444]</a></p> + +<p>During all the years of his retirement, his great +fame drew to him many strangers, who came to +pay their homage to him, to look upon his face, to +<span class="pgnm"><a name="Page_390" id="Page_390">[Pg 390]</a></span> +listen to his words. Such guests were always received +by him with a cordiality that was unmistakable, +and so modest and simple as to put them at +once at their ease. Of course they desired most of +all to hear him talk of his own past life, and of the +great events in which he had borne so brilliant a +part; but whenever he was persuaded to do so, it +was always with the most quiet references to himself. +“No man,” says one who knew him well, +“ever vaunted less of his achievements than Mr. +H. I hardly ever heard him speak of those great +achievements which form the prominent part of his +biography. As for boasting, he was entirely a +stranger to it, unless it be that, in his latter days, +he seemed proud of the goodness of his lands, and, +I believe, wished to be thought wealthy. It is my +opinion that he was better pleased to be flattered +as to his wealth than as to his great talents. This +I have accounted for by recollecting that he had +long been under narrow and difficult circumstances +as to property, from which he was at length happily +relieved; whereas there never was a time when his +talents had not always been conspicuous, though he +always seemed unconscious of them.”<a name="FNanchor445" id="FNanchor445"></a><a href="#Footnote-445" class="fnanchor">[445]</a></p> + +<p>It should not be supposed that, in his final withdrawal +from public and professional labors, he +surrendered himself to the enjoyment of domestic +happiness, without any positive occupation of the +mind. From one of his grandsons, who was much +with him in those days, the tradition is derived +<span class="pgnm"><a name="Page_391" id="Page_391">[Pg 391]</a></span> +that, besides “setting a good example of honesty, +benevolence, hospitality, and every social virtue,” +he assisted “in the education of his younger children,” +and especially devoted much time “to earnest +efforts to establish true Christianity in our +country.”<a name="FNanchor446" id="FNanchor446"></a><a href="#Footnote-446" class="fnanchor">[446]</a> He gave himself more than ever to the +study of the Bible, as well as of two or three of +the great English divines, particularly Tillotson, +Butler, and Sherlock. The sermons of the latter, +he declared, had removed “all his doubts of the +truth of Christianity;” and from a volume which +contained them, and which was full of his pencilled +notes, he was accustomed to read “every Sunday +evening to his family; after which they all joined +in sacred music, while he accompanied them on the +violin.”<a name="FNanchor447" id="FNanchor447"></a><a href="#Footnote-447" class="fnanchor">[447]</a></p> + +<p>There seems to have been no time in his life, +after his arrival at manhood, when Patrick Henry +was not regarded by his private acquaintances as +a positively religious person. Moreover, while he +was most tolerant of all forms of religion, and was +on peculiarly friendly terms with their ministers, to +whose preaching he often listened, it is inaccurate +to say, as Wirt has done, that, though he was a +Christian, he was so “after a form of his own;” +that “he was never attached to any particular religious +society, and never … communed with any +church.”<a name="FNanchor448" id="FNanchor448"></a><a href="#Footnote-448" class="fnanchor">[448]</a> On the contrary, from a grandson who +<span class="pgnm"><a name="Page_392" id="Page_392">[Pg 392]</a></span> +spent many years in his household comes the tradition +that “his parents were members of the Protestant +Episcopal Church, of which his uncle, Patrick +Henry, was a minister;” that “he was baptized +and made a member of it in early life;” and that +“he lived and died an exemplary member of it.”<a name="FNanchor449" id="FNanchor449"></a><a href="#Footnote-449" class="fnanchor">[449]</a> +Furthermore, in 1830, the Rev. Charles Dresser, +rector of Antrim Parish, Halifax County, Virginia, +wrote that the widow of Patrick Henry told +him that her husband used to receive “the communion +as often as an opportunity was offered, and +on such occasions always fasted until after he had +communicated, and spent the day in the greatest +retirement. This he did both while governor and +afterward.”<a name="FNanchor450" id="FNanchor450"></a><a href="#Footnote-450" class="fnanchor">[450]</a> In a letter to one of his daughters, +written in 1796, he makes this touching confession:—</p> + +<div class="blockquot"><p>“Amongst other strange things said of me, I hear it +is said by the deists that I am one of the number; and, +indeed, that some good people think I am no Christian. +This thought gives me much more pain than the appellation +of Tory; because I think religion of infinitely +higher importance than politics; and I find much cause +to reproach myself that I have lived so long, and +have given no decided and public proofs of my being a +Christian. But, indeed, my dear child, this is a character +which I prize far above all this world has, or can +boast.”<a name="FNanchor451" id="FNanchor451"></a><a href="#Footnote-451" class="fnanchor">[451]</a> +</p> +</div> + + +<p><span class="pgnm"><a name="Page_393" id="Page_393">[Pg 393]</a></span> +While he thus spoke, humbly and sorrowfully, +of his religious position as a thing so little known +to the public that it could be entirely misunderstood +by a portion of them, it is plain that no +one who had seen him in the privacy of his life at +home could have had any misunderstanding upon +that subject. For years before his retirement from +the law, it had been his custom, we are told, to +spend “one hour every day … in private devotion. +His hour of prayer was the close of the +day, including sunset; … and during that sacred +hour, none of his family intruded upon his privacy.”<a name="FNanchor452" id="FNanchor452"></a><a href="#Footnote-452" class="fnanchor">[452]</a></p> + +<p>As regards his religious faith, Patrick Henry, +while never ostentatious of it, was always ready +to avow it, and to defend it. The French alliance +during our Revolution, and our close intercourse +with France immediately afterward, hastened +among us the introduction of certain French +writers who were assailants of Christianity, and +who soon set up among the younger and perhaps +brighter men of the country the fashion of casting +off, as parts of an outworn and pitiful superstition, +the religious ideas of their childhood, and even the +morality which had found its strongest sanctions +in those ideas. Upon all this, Patrick Henry +looked with grief and alarm. In his opinion, a far +deeper, a far wiser and nobler handling of all the +immense questions involved in the problem of the +truth of Christianity was furnished by such English +<span class="pgnm"><a name="Page_394" id="Page_394">[Pg 394]</a></span> +writers as Sherlock and Bishop Butler, and, for +popular use, even Soame Jenyns. Therefore, as +French scepticism then had among the Virginia +lawyers and politicians its diligent missionaries, so, +with the energy and directness that always characterized +him, he determined to confront it, if possible, +with an equal diligence; and he then deliberately +made himself, while still a Virginia lawyer +and politician, a missionary also,—a missionary +on behalf of rational and enlightened Christian +faith. Thus during his second term as governor +he caused to be printed, on his own account, an +edition of Soame Jenyns’s “View of the Internal +Evidence of Christianity;” likewise, an edition of +Butler’s “Analogy;” and thenceforward, particularly +among the young men of Virginia, assailed as +they were by the fashionable scepticism, this illustrious +colporteur was active in the defence of +Christianity, not only by his own sublime and persuasive +arguments, but by the distribution, as the +fit occasion offered, of one or the other of these +two books.</p> + +<p>Accordingly when, during the first two years of +his retirement, Thomas Paine’s “Age of Reason” +made its appearance, the old statesman was moved +to write out a somewhat elaborate treatise in defence +of the truth of Christianity. This treatise it +was his purpose to have published. “He read the +manuscript to his family as he progressed with it, +and completed it a short time before his death.” +When it was finished, however, being “diffident +<span class="pgnm"><a name="Page_395" id="Page_395">[Pg 395]</a></span> +about his own work,” and impressed, also, by the +great ability of the replies to Paine which were +then appearing in England, “he directed his wife +to destroy” what he had written. She “complied +literally with his directions,” and thus put beyond +the chance of publication a work which seemed, to +some who heard it, to be “the most eloquent and +unanswerable argument in the defence of the Bible +which was ever written.”<a name="FNanchor453" id="FNanchor453"></a><a href="#Footnote-453" class="fnanchor">[453]</a></p> + +<p>Finally, in his last will and testament, bearing +the date of November 20, 1798, and written +throughout, as he says, “with my own hand,” he +chose to insert a touching affirmation of his own +deep faith in Christianity. After distributing his +estate among his descendants, he thus concludes: +“This is all the inheritance I can give to my dear +family. The religion of Christ can give them one +which will make them rich indeed.”<a name="FNanchor454" id="FNanchor454"></a><a href="#Footnote-454" class="fnanchor">[454]</a></p> + +<p>It is not to be imagined that this deep seclusion +and these eager religious studies implied in Patrick +Henry any forgetfulness of the political concerns +of his own country, or any indifference to those +mighty events which, during those years, were +taking place in Europe, and were reacting with +tremendous effect upon the thought, the emotion, +and even the material interests of America. Neither +did he succeed in thus preserving the retirement +which he had resolved upon, without having +<span class="pgnm"><a name="Page_396" id="Page_396">[Pg 396]</a></span> +to resist the attempts of both political parties to +draw him forth again into official life. All these +matters, indeed, are involved in the story of his +political attitude from the close of his struggle for +amending the Constitution down to the very close +of his life,—a story which used to be told with +angry vituperation on one side, perhaps with some +meek apologies on the other. Certainly, the day +for such comment is long past. In the disinterestedness +which the lapse of time has now made +an easy virtue for us, we may see, plainly enough, +that such ungentle words as “apostate” and “turncoat,” +with which his name used to be plentifully +assaulted, were but the missiles of partisan excitement; +and that by his act of intellectual readjustment +with respect to the new conditions forced +upon human society, on both sides of the Atlantic, +by the French Revolution, he developed no occasion +for apologies, since he therein did nothing +that was unusual at that time among honest and +thoughtful men everywhere, and nothing that was +inconsistent with the professions or the tendencies +of his own previous life. It becomes our duty, +however, to trace this story over again, as concisely +as possible, but in the light of much historical +evidence that has never hitherto been presented +in connection with it.</p> + +<p>Upon the adoption, in 1791, of the first ten +amendments to the Constitution, every essential +objection which he had formerly urged against that +instrument was satisfied; and there then remained +<span class="pgnm"><a name="Page_397" id="Page_397">[Pg 397]</a></span> +no good reason why he should any longer hold +himself aloof from the cordial support of the new +government, especially as directed, first by Washington, +and afterward by John Adams,—two men +with whom, both personally and politically, he had +always been in great harmony, excepting only +upon this single matter of the Constitution in its +original form. Undoubtedly, the contest which he +had waged on that question had been so hot and +so bitter that, even after it was ended, some time +would be required for his recovery from the soreness +of spirit, from the tone of suspicion and even +of enmity, which it had occasioned. Accordingly, +in the correspondence and other records of the +time, we catch some glimpses of him, which show +that even after Congress had passed the great +amendments, and after their approval by the +States had become a thing assured, he still looked +askance at the administration, and particularly at +some of the financial measures proposed by Hamilton.<a name="FNanchor455" id="FNanchor455"></a><a href="#Footnote-455" class="fnanchor">[455]</a> +Nevertheless, as year by year went on, and +as Washington and his associates continued to +deal fairly, wisely, and, on the whole, successfully, +with the enormous problems which they encountered; +moreover, as Jefferson and Madison gradually +drew off from Washington, and formed a +party in opposition, which seemed to connive at +the proceedings of Genet, and to encourage the +formation among us of political clubs in apparent +<span class="pgnm"><a name="Page_398" id="Page_398">[Pg 398]</a></span> +sympathy with the wildest and most anarchic doctrines +which were then flung into words and into +deeds in the streets of Paris, it happened that +Patrick Henry found himself, like Richard Henry +Lee, and many another of his companions in the +old struggle against the Constitution, drawn more +and more into support of the new government.</p> + +<p>In this frame of mind, probably, was he in the +spring of 1793, when, during the session of the +federal court at Richmond, he had frequent conversations +with Chief Justice Jay and with Judge +Iredell. The latter, having never before met +Henry, had felt great dislike of him on account +of the alleged violence of his opinions against the +Constitution; but after making his acquaintance, +Iredell thus wrote concerning him: “I never was +more agreeably disappointed than in my acquaintance +with him. I have been much in his company; +and his manners are very pleasing, and his +mind, I am persuaded, highly liberal. It is a +strong additional reason I have, added to many +others, to hold in high detestation violent party +prejudice.”<a name="FNanchor456" id="FNanchor456"></a><a href="#Footnote-456" class="fnanchor">[456]</a></p> + +<p>In the following year, General Henry Lee, then +governor of Virginia, appointed Patrick Henry as +a senator of the United States, to fill out an unexpired +term. This honor he felt compelled to decline.</p> + +<p>In the course of the same year, General Lee, +finding that Patrick Henry, though in virtual sympathy +<span class="pgnm"><a name="Page_399" id="Page_399">[Pg 399]</a></span> +with the administration, was yet under the +impression that Washington had cast off their old +friendship, determined to act the part of a peacemaker +between them, and, if possible, bring together +once more two old friends who had been +parted by political differences that no longer existed. +On the 17th of August, 1794, Lee, at +Richmond, thus wrote to the President:—</p> + +<div class="blockquot"><p>“When I saw you in Philadelphia, I had many conversations +with you respecting Mr. Henry, and since my +return I have talked very freely and confidentially with +that gentleman. I plainly perceive that he has credited +some information, which he has received (from whom I +know not), which induces him to believe that you consider +him a factious, seditious character.… Assured +in my own mind that his opinions are groundless, I have +uniformly combated them, and lament that my endeavors +have been unavailing. He seems to be deeply and +sorely affected. It is very much to be regretted; for +he is a man of positive virtue as well as of transcendent +talents; and were it not for his feelings above expressed, +I verily believe, he would be found among the most +active supporters of your administration. Excuse me +for mentioning this matter to you. I have long wished +to do it, in the hope that it would lead to a refutation of +the sentiments entertained by Mr. Henry.”<a name="FNanchor457" id="FNanchor457"></a><a href="#Footnote-457" class="fnanchor">[457]</a></p></div> + +<p>To this letter Washington sent a reply which +expressed unabated regard for his old friend; and +this reply, having been shown by Lee to Henry, +drew from him this noble-minded answer:—<span class="pgnm"><a name="Page_400" id="Page_400">[Pg 400]</a></span></p> + +<div class="blockquot"> + +<p class="center">TO GENERAL HENRY LEE.</p> + +<p class="right1"> +<span class="smcap">Red Hill</span>, 27 June, 1795.</p> + +<p><span class="smcap">My dear Sir</span>,—Your very friendly communication +of so much of the President’s letter as relates to me, demands +my sincere thanks. Retired as I am from the +busy world, it is still grateful to me to know that some +portion of regard remains for me amongst my countrymen; +especially those of them whose opinions I most +value. But the esteem of that personage, who is contemplated +in this correspondence, is highly flattering indeed.</p> + +<p>The American Revolution was the grand operation, +which seemed to be assigned by the Deity to the men of +this age in our country, over and above the common +duties of life. I ever prized at a high rate the superior +privilege of being one in that chosen age, to which +Providence intrusted its favorite work. With this impression, +it was impossible for me to resist the impulse +I felt to contribute my mite towards accomplishing that +event, which in future will give a superior aspect to the +men of these times. To the man, especially, who led +our armies, will that aspect belong; and it is not in +nature for one with my feelings to revere the Revolution, +without including him who stood foremost in its establishment.</p> + +<p>Every insinuation that taught me to believe I had +forfeited the good-will of that personage, to whom the +world had agreed to ascribe the appellation of good and +great, must needs give me pain; particularly as he had +opportunities of knowing my character both in public +and in private life. The intimation now given me, that +there was no ground to believe I had incurred his censure, +gives very great pleasure.<span class="pgnm"><a name="Page_401" id="Page_401">[Pg 401]</a></span></p> + +<p>Since the adoption of the present Constitution, I have +generally moved in a narrow circle. But in that I have +never omitted to inculcate a strict adherence to the principles +of it. And I have the satisfaction to think, that +in no part of the Union have the laws been more pointedly +obeyed, than in that where I have resided and spent +my time. Projects, indeed, of a contrary tendency have +been hinted to me; but the treatment of the projectors +has been such as to prevent all intercourse with them for +a long time. Although a democrat myself, I like not +the late democratic societies. As little do I like their +suppression by law. Silly things may amuse for awhile, +but in a little time men will perceive their delusions. +The way to preserve in men’s minds a value for them, +is to enact laws against them.</p> + +<p>My present views are to spend my days in privacy. +If, however, it shall please God, during my life, so to +order the course of events as to render my feeble efforts +necessary for the safety of the country, in any, even the +smallest degree, that little which I can do shall be done. +Whenever you may have an opportunity, I shall be much +obliged by your presenting my best respects and duty +to the President, assuring him of my gratitude for his +favorable sentiments towards me.</p> + +<p>Be assured, my dear sir, of the esteem and regard +with which I am yours, etc.,</p> + +<p class="right1"> +<span class="smcap">Patrick Henry.</span><a name="FNanchor458" id="FNanchor458"></a><a href="#Footnote-458" class="fnanchor">[458]</a> +</p></div> + +<p>After seeing this letter, Washington took an +opportunity to convey to Patrick Henry a strong +practical proof of his confidence in him, and of his +cordial friendship. The office of secretary of state +<span class="pgnm"><a name="Page_402" id="Page_402">[Pg 402]</a></span> +having become vacant, Washington thus tendered +the place to Patrick Henry:—</p> + +<div class="blockquot"> +<p class="right1"><span class="smcap">Mount Vernon,</span> 9 October, 1795.</p> + +<p><span class="smcap">Dear Sir</span>,—Whatever may be the reception of this +letter, truth and candor shall mark its steps. You +doubtless know that the office of state is vacant; and no +one can be more sensible than yourself of the importance +of filling it with a person of abilities, and one in +whom the public would have confidence.</p> + +<p>It would be uncandid not to inform you that this office +has been offered to others; but it is as true, that it +was from a conviction in my own mind that you would +not accept it (until Tuesday last, in a conversation with +General Lee, he dropped sentiments which made it less +doubtful), that it was not offered first to you.</p> + +<p>I need scarcely add, that if this appointment could be +made to comport with your own inclination, it would +be as pleasing to me, as I believe it would be acceptable +to the public. With this assurance, and with this belief, +I make you the offer of it. My first wish is that you +would accept it; the next is that you would be so good +as to give me an answer as soon as you conveniently +can, as the public business in that department is now +suffering for want of a secretary.<a name="FNanchor459" id="FNanchor459"></a><a href="#Footnote-459" class="fnanchor">[459]</a></p></div> + +<p>Though Patrick Henry declined this proposal, +he declined it for reasons that did not shut the +door against further overtures of a similar kind; +for, within the next three months, a vacancy having +occurred in another great office,—that of +chief justice of the United States,—Washington +<span class="pgnm"><a name="Page_403" id="Page_403">[Pg 403]</a></span> +again employed the friendly services of General +Lee, whom he authorized to offer the place to +Patrick Henry. This was done by Lee in a letter +dated December 26, 1795:—</p> + +<div class="blockquot"><p>“The Senate have disagreed to the President’s nomination +of Mr. Rutledge, and a vacancy in that important +office has taken place. For your country’s sake, for +your friends’ sake, for your family’s sake, tell me you +will obey a call to it. You know my friendship for you; +you know my circumspection; and, I trust, you know, +too, I would not address you on such a subject without +good grounds. Surely no situation better suits you. +You continue at home, only [except] when on duty. +Change of air and exercise will add to your days. The +salary excellent, and the honor very great. Be explicit +in your reply.”<a name="FNanchor460" id="FNanchor460"></a><a href="#Footnote-460" class="fnanchor">[460]</a></p></div> + +<p>On the same day on which Lee thus wrote to +Henry he likewise wrote to Washington, informing +him that he had done so; but, for some cause +now unknown, Washington received no further +word from Lee for more than two weeks. Accordingly, +on the 11th of January, 1796, in his anxiety +to know what might be Patrick Henry’s decision +concerning the office of chief justice, Washington +wrote to Lee as follows:—</p> + +<div class="blockquot"><p><span class="smcap">My dear Sir</span>,—Your letter of the 26th ult. has +been received, but nothing from you since,—which is +embarrassing in the extreme; for not only the nomination +of chief justice, but an associate judge, and secretary +of war, is suspended on the answer you were to +<span class="pgnm"><a name="Page_404" id="Page_404">[Pg 404]</a></span> +receive from Mr. Henry; and what renders the want of +it more to be regretted is, that the first Monday of next +month (which happens on the first day of it) is the term +appointed by law for the meeting of the Superior Court +of the United States, in this city; at which, for particular +reasons, the bench ought to be full. I will add no +more at present than that I am your affectionate,</p> + +<p class="right1"> +<span class="smcap">Geo. Washington.</span><a name="FNanchor461" id="FNanchor461"></a><a href="#Footnote-461" class="fnanchor">[461]</a> +</p></div> + +<p>Although Patrick Henry declined this great +compliment also, his friendliness to the administration +had become so well understood that, among +the Federal leaders, who in the spring of 1796 +were planning for the succession to Washington +and Adams, there was a strong inclination to nominate +Patrick Henry for the vice-presidency,—their +chief doubt being with reference to his willingness +to take the nomination.<a name="FNanchor462" id="FNanchor462"></a><a href="#Footnote-462" class="fnanchor">[462]</a></p> + +<p>All these overtures to Patrick Henry were somewhat +jealously watched by Jefferson, who, indeed, +in a letter to Monroe, on the 10th of July, 1796, +interpreted them with that easy recklessness of +statement which so frequently embellished his private +correspondence and his private talk. “Most +assiduous court,” he says of the Federalists, “is +paid to Patrick Henry. He has been offered +everything which they knew he would not accept.”<a name="FNanchor463" id="FNanchor463"></a><a href="#Footnote-463" class="fnanchor">[463]</a></p> + +<p>A few weeks after Jefferson penned those sneering +<span class="pgnm"><a name="Page_405" id="Page_405">[Pg 405]</a></span> +words, the person thus alluded to wrote to his +daughter, Mrs. Aylett, concerning certain troublesome +reports which had reached her:—</p> + +<div class="blockquot"><p>“As to the reports you have heard, of my changing +sides in politics, I can only say they are not true. I +am too old to exchange my former opinions, which have +grown up into fixed habits of thinking. True it is, I +have condemned the conduct of our members in Congress, +because, in refusing to raise money for the purposes +of the British treaty, they, in effect, would have +surrendered our country bound, hand and foot, to the +power of the British nation.… The treaty is, in my +opinion, a very bad one indeed. But what must I think +of those men, whom I myself warned of the danger of +giving the power of making laws by means of treaty to +the President and Senate, when I see these same men +denying the existence of that power, which, they insisted +in our convention, ought properly to be exercised by the +President and Senate, and by none other? The policy +of these men, both then and now, appears to me quite +void of wisdom and foresight. These sentiments I did +mention in conversation in Richmond, and perhaps +others which I don’t remember.… It seems that +every word was watched which I casually dropped, and +wrested to answer party views. Who can have been so +meanly employed, I know not, neither do I care; for I +no longer consider myself as an actor on the stage of +public life. It is time for me to retire; and I shall +never more appear in a public character, unless some +unlooked-for circumstance shall demand from me a +transient effort, not inconsistent with private life—in +which I have determined to continue.”<a name="FNanchor464" id="FNanchor464"></a><a href="#Footnote-464" class="fnanchor">[464]</a></p></div> + +<p><span class="pgnm"><a name="Page_406" id="Page_406">[Pg 406]</a></span> +In the autumn of 1796 the Assembly of Virginia, +then under the political control of Jefferson, +and apparently eager to compete with the Federalists +for the possession of a great name, elected +Patrick Henry to the governorship of the State. +But the man whose purpose to refuse office had +been proof against the attractions of the United +States Senate, and of the highest place in Washington’s +cabinet, and of the highest judicial position +in the country, was not likely to succumb to +the opportunity of being governor of Virginia for +the sixth time.</p> + + +<div class="footnotes"> +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-434" id="Footnote-434"></a><a href="#FNanchor434"><span class="label">[434]</span></a> Spencer Roane, MS.</p></div> + +<div class="footnote"><p><a name="Footnote-435" id="Footnote-435"></a><a href="#FNanchor435"><span class="label">[435]</span></a> <i>Hist. Mag.</i> for 1867, 93; 369-370.</p></div> + +<div class="footnote"><p><a name="Footnote-436" id="Footnote-436"></a><a href="#FNanchor436"><span class="label">[436]</span></a> Howe, <i>Hist. Coll. Va.</i> 221.</p></div> + +<div class="footnote"><p><a name="Footnote-437" id="Footnote-437"></a><a href="#FNanchor437"><span class="label">[437]</span></a> Spencer Roane, MS.</p></div> + +<div class="footnote"><p><a name="Footnote-438" id="Footnote-438"></a><a href="#FNanchor438"><span class="label">[438]</span></a> Cited in Wirt, 380-381.</p></div> + +<div class="footnote"><p><a name="Footnote-439" id="Footnote-439"></a><a href="#FNanchor439"><span class="label">[439]</span></a> Spencer Roane, MS.</p></div> + +<div class="footnote"><p><a name="Footnote-440" id="Footnote-440"></a><a href="#FNanchor440"><span class="label">[440]</span></a> Fontaine, MS.</p></div> + +<div class="footnote"><p><a name="Footnote-441" id="Footnote-441"></a><a href="#FNanchor441"><span class="label">[441]</span></a> Fontaine, MS.</p></div> + +<div class="footnote"><p><a name="Footnote-442" id="Footnote-442"></a><a href="#FNanchor442"><span class="label">[442]</span></a> Fontaine, MS.</p></div> + +<div class="footnote"><p><a name="Footnote-443" id="Footnote-443"></a><a href="#FNanchor443"><span class="label">[443]</span></a> Bancroft, ed. 1869, vi. 416-417.</p></div> + +<div class="footnote"><p><a name="Footnote-444" id="Footnote-444"></a><a href="#FNanchor444"><span class="label">[444]</span></a> Elliot, <i>Debates</i>, iii. 455-456; 590-591.</p></div> + +<div class="footnote"><p><a name="Footnote-445" id="Footnote-445"></a><a href="#FNanchor445"><span class="label">[445]</span></a> Spencer Roane, MS.</p></div> + +<div class="footnote"><p><a name="Footnote-446" id="Footnote-446"></a><a href="#FNanchor446"><span class="label">[446]</span></a> Fontaine, MS.</p></div> + +<div class="footnote"><p><a name="Footnote-447" id="Footnote-447"></a><a href="#FNanchor447"><span class="label">[447]</span></a> J. W. Alexander, <i>Life of A. Alexander</i>, 193; Howe, <i>Hist. +Coll. Va.</i> 221.</p></div> + +<div class="footnote"><p><a name="Footnote-448" id="Footnote-448"></a><a href="#FNanchor448"><span class="label">[448]</span></a> Wirt, 402.</p></div> + +<div class="footnote"><p><a name="Footnote-449" id="Footnote-449"></a><a href="#FNanchor449"><span class="label">[449]</span></a> Fontaine, MS.</p></div> + +<div class="footnote"><p><a name="Footnote-450" id="Footnote-450"></a><a href="#FNanchor450"><span class="label">[450]</span></a> Meade, <i>Old Churches</i>, etc. ii. 12.</p></div> + +<div class="footnote"><p><a name="Footnote-451" id="Footnote-451"></a><a href="#FNanchor451"><span class="label">[451]</span></a> Wirt, 387.</p></div> + +<div class="footnote"><p><a name="Footnote-452" id="Footnote-452"></a><a href="#FNanchor452"><span class="label">[452]</span></a> Fontaine, MS.</p></div> + +<div class="footnote"><p><a name="Footnote-453" id="Footnote-453"></a><a href="#FNanchor453"><span class="label">[453]</span></a> Fontaine, MS. Also Meade, <i>Old Churches</i>, etc. ii. 12; and +Wm. Wirt Henry, MS.</p></div> + +<div class="footnote"><p><a name="Footnote-454" id="Footnote-454"></a><a href="#FNanchor454"><span class="label">[454]</span></a> MS. Certified copy.</p></div> + +<div class="footnote"><p><a name="Footnote-455" id="Footnote-455"></a><a href="#FNanchor455"><span class="label">[455]</span></a> For example, D. Stuart’s letter, in <i>Writings of Washington</i>, +x. 94-96; also, <i>Jour. Va. House Del.</i> for Nov. 3, 1790.</p></div> + +<div class="footnote"><p><a name="Footnote-456" id="Footnote-456"></a><a href="#FNanchor456"><span class="label">[456]</span></a> McRee, <i>Life of Iredell</i>, ii. 394-395.</p></div> + +<div class="footnote"><p><a name="Footnote-457" id="Footnote-457"></a><a href="#FNanchor457"><span class="label">[457]</span></a> <i>Writings of Washington</i>, x. 560-561.</p></div> + +<div class="footnote"><p><a name="Footnote-458" id="Footnote-458"></a><a href="#FNanchor458"><span class="label">[458]</span></a> <i>Writings of Washington</i>, x. 562-563.</p></div> + +<div class="footnote"><p><a name="Footnote-459" id="Footnote-459"></a><a href="#FNanchor459"><span class="label">[459]</span></a> <i>Writings of Washington</i>, xi. 81-82.</p></div> + +<div class="footnote"><p><a name="Footnote-460" id="Footnote-460"></a><a href="#FNanchor460"><span class="label">[460]</span></a> MS.</p></div> + +<div class="footnote"><p><a name="Footnote-461" id="Footnote-461"></a><a href="#FNanchor461"><span class="label">[461]</span></a> Lee, <i>Observations</i>, etc. 116.</p></div> + +<div class="footnote"><p><a name="Footnote-462" id="Footnote-462"></a><a href="#FNanchor462"><span class="label">[462]</span></a> Gibbs, <i>Administration of Washington</i>, etc. i. 337; see, also, +Hamilton, <i>Works</i>, vi. 114.</p></div> + +<div class="footnote"><p><a name="Footnote-463" id="Footnote-463"></a><a href="#FNanchor463"><span class="label">[463]</span></a> Jefferson, <i>Writings</i>, iv. 148.</p></div> + +<div class="footnote"><p><a name="Footnote-464" id="Footnote-464"></a><a href="#FNanchor464"><span class="label">[464]</span></a> Entire letter in Wirt, 385-387.</p></div> +</div> + +<p><span class="pgnm"><a name="Page_407" id="Page_407">[Pg 407]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>CHAPTER XXII <br /> +<span class="hsub">LAST DAYS</span></h2> + + +<p>The intimation given by Patrick Henry to his +daughter, in the summer of 1796, that, though he +could never again engage in a public career, he +yet might be compelled by “some unlooked-for +circumstance” to make “a transient effort” for +the public safety, was not put to the test until +nearly three years afterward, when it was verified +in the midst of those days in which he was +suddenly to find surcease of all earthly care and +pain.</p> + +<p>Our story, therefore, now passes hurriedly by +the year 1797,—which saw the entrance of John +Adams into the presidency, the return of Monroe +from France in great anger at the men who had +recalled him, the publication of Jefferson’s letter +to Mazzei, everywhere an increasing bitterness and +even violence in partisan feeling. In the same +manner, also, must we pass by the year 1798,—which +saw the popular uprising against France, +the mounting of the black cockade against her, the +suspension of commercial intercourse with her, the +summons to Washington to come forth once more +and lead the armies of America against the enemy;<span class="pgnm"><a name="Page_408" id="Page_408">[Pg 408]</a></span> +then the moonstruck madness of the Federalists, +forcing upon the country the naturalization act, +the alien acts, the sedition act; then the Kentucky +resolutions, as written by Jefferson, declaring +the acts just named to be “not law, but utterly +void and of no force,” and liable, “unless arrested +on the threshold,” “to drive these States +into revolution and blood;” then the Virginia +resolutions, as written by Madison, denouncing the +same acts as “palpable and alarming infractions +of the Constitution;” finally, the preparations +secretly making by the government of Virginia<a name="FNanchor465" id="FNanchor465"></a><a href="#Footnote-465" class="fnanchor">[465]</a> +for armed resistance to the government of the +United States.</p> + +<p>Just seven days after the passage of the Virginia +resolutions, an eminent citizen of that State +appealed by letter to Patrick Henry for some written +expression of his views upon the troubled situation, +with the immediate object of aiding in the +election of John Marshall, who, having just before +returned from his baffled embassy to Paris, was +then in nomination for Congress, and was encountering +assaults directed by every energy and art of +the opposition. In response to this appeal, Patrick +Henry wrote, in the early part of the year 1799, +the following remarkable letter, which is of deep +interest still, not only as showing his discernment +of the true nature of that crisis, but as furnishing +a complete answer to the taunt that his mental +faculties were then fallen into decay:—<span class="pgnm"><a name="Page_409" id="Page_409">[Pg 409]</a></span></p> + +<div class="blockquot"> +<p class="center">TO ARCHIBALD BLAIR.</p> + +<p class="right1"> +<span class="smcap">Red Hill, Charlotte</span>, 8 January, 1799.</p> + +<p><span class="smcap">Dear Sir</span>,—Your favor of the 28th of last month I +have received. Its contents are a fresh proof that there +is cause for much lamentation over the present state of +things in Virginia. It is possible that most of the individuals +who compose the contending factions are sincere, +and act from honest motives. But it is more than +probable, that certain leaders meditate a change in government. +To effect this, I see no way so practicable +as dissolving the confederacy. And I am free to own, +that, in my judgment, most of the measures lately pursued +by the opposition party, directly and certainly lead +to that end. If this is not the system of the party, they +have none, and act ‘ex tempore.’</p> + +<p>I do acknowledge that I am not capable to form a +correct judgment on the present politics of the world. +The wide extent to which the present contentions have +gone will scarcely permit any observer to see enough in +detail to enable him to form anything like a tolerable +judgment on the final result, as it may respect the nations +in general. But, as to France, I have no doubt +in saying that to her it will be calamitous. Her conduct +has made it the interest of the great family of +mankind to wish the downfall of her present government; +because its existence is incompatible with that of +all others within its reach. And, whilst I see the dangers +that threaten ours from her intrigues and her arms, +I am not so much alarmed as at the apprehension of her +destroying the great pillars of all government and of +social life,—I mean virtue, morality, and religion. +This is the armor, my friend, and this alone, that renders +<span class="pgnm"><a name="Page_410" id="Page_410">[Pg 410]</a></span> +us invincible. These are the tactics we should +study. If we lose these, we are conquered, fallen indeed. +In vain may France show and vaunt her diplomatic +skill, and brave troops: so long as our manners +and principles remain sound, there is no danger. But +believing, as I do, that these are in danger, that infidelity +in its broadest sense, under the name of philosophy, +is fast spreading, and that, under the patronage of +French manners and principles, everything that ought +to be dear to man is covertly but successfully assailed, +I feel the value of those men amongst us, who hold out +to the world the idea, that our continent is to exhibit an +originality of character; and that, instead of that imitation +and inferiority which the countries of the old +world have been in the habit of exacting from the new, +we shall maintain that high ground upon which nature +has placed us, and that Europe will alike cease to rule +us and give us modes of thinking.</p> + +<p>But I must stop short, or else this letter will be all +preface. These prefatory remarks, however, I thought +proper to make, as they point out the kind of character +amongst our countrymen most estimable in my +eyes. General Marshall and his colleagues exhibited +the American character as respectable. France, in the +period of her most triumphant fortune, beheld them as +unappalled. Her threats left them, as she found them, +mild, temperate, firm. Can it be thought that, with +these sentiments, I should utter anything tending to prejudice +General Marshall’s election? Very far from it +indeed. Independently of the high gratification I felt +from his public ministry, he ever stood high in my esteem +as a private citizen. His temper and disposition +were always pleasant, his talents and integrity unquestioned.<span class="pgnm"><a name="Page_411" id="Page_411">[Pg 411]</a></span> +These things are sufficient to place that gentleman +far above any competitor in the district for Congress. +But, when you add the particular information +and insight which he has gained, and is able to communicate +to our public councils, it is really astonishing that +even blindness itself should hesitate in the choice.… +Tell Marshall I love him, because he felt and acted as +a republican, as an American.… I am too old and +infirm ever again to undertake public concerns. I live +much retired, amidst a multiplicity of blessings from +that Gracious Ruler of all things, to whom I owe unceasing +acknowledgments for his unmerited goodness to +me; and if I was permitted to add to the catalogue one +other blessing, it should be, that my countrymen should +learn wisdom and virtue, and in this their day to know +the things that pertain to their peace. Farewell.</p> + +<p class="right1"> +<span class="right3">I am, dear Sir, yours,</span><br /> +<span class="smcap">Patrick Henry.</span><a name="FNanchor466" id="FNanchor466"></a><a href="#Footnote-466" class="fnanchor">[466]</a> +</p></div> + +<p>The appeal from Archibald Blair, which evoked +this impressive letter, had suggested to the old +statesman no effort which could not be made in +his retirement. Before, however, he was to pass +beyond the reach of all human appeals, two others +were to be addressed to him, the one by John +Adams, the other by Washington, both asking him +to come forth into the world again; the former +calling for his help in averting war with France, +the latter for his help in averting the triumph of +violent and dangerous counsels at home.</p> + +<p>On the 25th of February, 1799, John Adams, +shaking himself free of his partisan counsellors,—all +<span class="pgnm"><a name="Page_412" id="Page_412">[Pg 412]</a></span> +hot for war with France,—suddenly changed +the course of history by sending to the Senate the +names of these three citizens, Oliver Ellsworth, +Patrick Henry, and William Vans Murray, “to be +envoys extraordinary and ministers plenipotentiary +to the French republic, with full powers to discuss +and settle, by a treaty, all controversies between +the United States and France.” In his letter of +the 16th of April declining the appointment, Patrick +Henry spoke of himself as having been “confined +for several weeks by a severe indisposition,” +and as being “still so sick as to be scarcely able to +write this.” “My advanced age,” he added, “and +increasing debility compel me to abandon every +idea of serving my country, where the scene of +operation is far distant, and her interests call for +incessant and long continued exertion.… I cannot, +however, forbear expressing, on this occasion, +the high sense I entertain of the honor done me +by the President and Senate in the appointment. +And I beg you, sir, to present me to them in +terms of the most dutiful regard, assuring them +that this mark of their confidence in me, at a crisis +so eventful, is an agreeable and flattering proof of +their consideration towards me, and that nothing +short of an absolute necessity could induce me to +withhold my little aid from an administration whose +ability, patriotism, and virtue deserve the gratitude +and reverence of all their fellow citizens.”<a name="FNanchor467" id="FNanchor467"></a><a href="#Footnote-467" class="fnanchor">[467]</a></p> + +<p>Such was John Adams’s appeal to Patrick +<span class="pgnm"><a name="Page_413" id="Page_413">[Pg 413]</a></span> +Henry and its result. The appeal to him from +Washington—an appeal which he could not resist, +and which induced him, even in his extreme feebleness +of body, to make one last and noble exertion +of his genius—happened in this wise. On the +15th of January, 1799, from Mount Vernon, Washington +wrote to his friend a long letter, marked +“confidential,” in which he stated with great frankness +his own anxieties respecting the dangers then +threatening the country:—</p> + +<div class="blockquot"><p>“It would be a waste of time to attempt to bring to +the view of a person of your observation and discernment, +the endeavors of a certain party among us to +disquiet the public mind with unfounded alarms; to arraign +every act of the administration; to set the people +at variance with their government; and to embarrass all +its measures. Equally useless would it be to predict +what must be the inevitable consequences of such a +policy, if it cannot be arrested.</p> + +<p>“Unfortunately,—and extremely do I regret it,—the +State of Virginia has taken the lead in this opposition.… +It has been said that the great mass of the +citizens of this State are well-affected, notwithstanding, +to the general government and the Union; and I am +willing to believe it, nay, do believe it. But how is this +to be reconciled with their suffrages at the elections +of representatives, … who are men opposed to the +former, and by the tendency of their measures would +destroy the latter?… One of the reasons assigned is, +that the most respectable and best qualified characters +among us will not come forward.… But, at such a +crisis as this, when everything dear and valuable to us +<span class="pgnm"><a name="Page_414" id="Page_414">[Pg 414]</a></span> +is assailed; when this party hangs upon the wheels of +government as a dead weight, opposing every measure +that is calculated for defence and self-preservation, abetting +the nefarious views of another nation upon our +rights; … when measures are systematically and pertinaciously +pursued, which must eventually dissolve the +Union, or produce coercion; I say, when these things +have become so obvious, ought characters who are best +able to rescue their country from the pending evil, to +remain at home? Rather ought they not to come forward, +and by their talents and influence stand in the +breach which such conduct has made on the peace and +happiness of this country, and oppose the widening of +it?…</p> + +<p>“I come, now, my good Sir, to the object of my +letter, which is to express a hope and an earnest wish, +that you will come forward at the ensuing elections +(if not for Congress, which you may think would take +you too long from home), as a candidate for representative +in the General Assembly of this Commonwealth.</p> + +<p>“There are, I have no doubt, very many sensible +men who oppose themselves to the torrent that carries +away others who had rather swim with, than stem it +without an able pilot to conduct them; but these are +neither old in legislation, nor well known in the community. +Your weight of character and influence in the +House of Representatives would be a bulwark against +such dangerous sentiments as are delivered there at present. +It would be a rallying point for the timid, and +an attraction of the wavering. In a word, I conceive it +to be of immense importance at this crisis, that you +should be there; and I would fain hope that all minor +considerations will be made to yield to the measure.”<a name="FNanchor468" id="FNanchor468"></a><a href="#Footnote-468" class="fnanchor">[468]</a></p></div> + +<p><span class="pgnm"><a name="Page_415" id="Page_415">[Pg 415]</a></span> +There can be little doubt that it was this solemn +invocation on the part of Washington which induced +the old statesman, on whom Death had already +begun to lay his icy hands, to come forth +from the solitude in which he had been so long +buried, and offer himself for the suffrages of his +neighbors, as their representative in the next House +of Delegates, there to give check, if possible, to +the men who seemed to be hurrying Virginia upon +violent courses, and the republic into civil war. +Accordingly, before the day for the usual March<a name="FNanchor469" id="FNanchor469"></a><a href="#Footnote-469" class="fnanchor">[469]</a> +court in Charlotte, the word went out through all +that country that old Patrick Henry, whose wondrous +voice in public no man had heard for those +many years, who had indeed been almost numbered +among the dead ones of their heroic days foregone, +was to appear before all the people once more, and +speak to them as in the former time, and give to +them his counsel amid those thickening dangers +which alone could have drawn him forth from the +very borders of the grave.</p> + +<p>When the morning of that day came, from all +the region thereabout the people began to stream +toward the place where the orator was to speak. +So widespread was the desire to hear him that +even the college in the next county—the college +of Hampden-Sidney—suspended its work for that +day, and thus enabled all its members, the president +himself, the professors, and the students, to +hurry over to Charlotte court-house. One of those +<span class="pgnm"><a name="Page_416" id="Page_416">[Pg 416]</a></span> +students, John Miller, of South Carolina, according +to an account said to have been given by him +in conversation forty years afterward, having with +his companions reached the town,—</p> + +<div class="blockquot"><p>“and having learned that the great orator would speak +in the porch of a tavern fronting the large court-green, +… pushed his way through the gathering crowd, and +secured the pedestal of a pillar, where he stood within +eight feet of him. He was very infirm, and seated in +a chair conversing with some old friends, waiting for the +assembling of the immense multitudes who were pouring +in from all the surrounding country to hear him. At +length he arose with difficulty, and stood somewhat +bowed with age and weakness. His face was almost +colorless. His countenance was careworn; and when +he commenced his exordium, his voice was slightly +cracked and tremulous. But in a few moments a wonderful +transformation of the whole man occurred, as +he warmed with his theme. He stood erect; his eye +beamed with a light that was almost supernatural; his +features glowed with the hue and fire of youth; and +his voice rang clear and melodious with the intonations +of some grand musical instrument whose notes filled the +area, and fell distinctly and delightfully upon the ears +of the most distant of the thousands gathered before +him.”<a name="FNanchor470" id="FNanchor470"></a><a href="#Footnote-470" class="fnanchor">[470]</a></p></div> + +<p>As regards the substance of the speech then +made, it will not be safe for us to confide very +much in the supposed recollections of old men who +heard it when they were young. Upon the whole,<span class="pgnm"><a name="Page_417" id="Page_417">[Pg 417]</a></span> +probably, the most trustworthy outline of it now +to be had is that of a gentleman who declares that +he wrote down his recollections of the speech not +long after its delivery. According to this account, +Patrick Henry—</p> + +<div class="blockquot"><p>“told them that the late proceedings of the Virginian +Assembly had filled him with apprehensions and +alarm; that they had planted thorns upon his pillow; +that they had drawn him from that happy retirement +which it had pleased a bountiful Providence to bestow, +and in which he had hoped to pass, in quiet, the remainder +of his days; that the State had quitted the sphere +in which she had been placed by the Constitution, and, +in daring to pronounce upon the validity of federal +laws, had gone out of her jurisdiction in a manner not +warranted by any authority, and in the highest degree +alarming to every considerate man; that such opposition, +on the part of Virginia, to the acts of the general +government, must beget their enforcement by military +power; that this would probably produce civil war, +civil war foreign alliances, and that foreign alliances +must necessarily end in subjugation to the powers called +in. He conjured the people to pause and consider well, +before they rushed into such a desperate condition, from +which there could be no retreat. He painted to their +imaginations Washington, at the head of a numerous +and well-appointed army, inflicting upon them military +execution. ‘And where,’ he asked, ‘are our resources +to meet such a conflict? Where is the citizen +of America who will dare to lift his hand against the +father of his country?’ A drunken man in the crowd +threw up his arm, and exclaimed that he dared to do +<span class="pgnm"><a name="Page_418" id="Page_418">[Pg 418]</a></span> +it. ‘No,’ answered Mr. Henry, rising aloft in all his +majesty, ‘you dare not do it: in such a parricidal attempt, +the steel would drop from your nerveless arm!’ … +Mr. Henry, proceeding in his address to the people, +asked whether the county of Charlotte would have +any authority to dispute an obedience to the laws of +Virginia; and he pronounced Virginia to be to the +Union what the county of Charlotte was to her. Having +denied the right of a State to decide upon the constitutionality +of federal laws, he added, that perhaps it +might be necessary to say something of the merits of +the laws in question.<a name="FNanchor471" id="FNanchor471"></a><a href="#Footnote-471" class="fnanchor">[471]</a> His private opinion was that +they were good and proper. But whatever might be +their merits, it belonged to the people, who held the +reins over the head of Congress, and to them alone, to +say whether they were acceptable or otherwise to Virginians; +and that this must be done by way of petition; +that Congress were as much our representatives as the +Assembly, and had as good a right to our confidence. +He had seen with regret the unlimited power over the +purse and sword consigned to the general government; +but … he had been overruled, and it was now necessary +to submit to the constitutional exercise of that +power. ‘If,’ said he, ‘I am asked what is to be done, +when a people feel themselves intolerably oppressed, my +answer is ready,—Overturn the government. But do +not, I beseech you, carry matters to this length without +provocation. Wait at least until some infringement is +made upon your rights, and which cannot otherwise be +redressed; for if ever you recur to another change, you +may bid adieu forever to representative government. +You can never exchange the present government but +<span class="pgnm"><a name="Page_419" id="Page_419">[Pg 419]</a></span> +for a monarchy.… Let us preserve our strength for +the French, the English, the Germans, or whoever else +shall dare to invade our territory, and not exhaust it in +civil commotions and intestine wars.’ He concluded by +declaring his design to exert himself in the endeavor to +allay the heart-burnings and jealousies which had been +fomented in the state legislature; and he fervently +prayed, if he was deemed unworthy to effect it, that it +might be reserved to some other and abler hand to extend +this blessing over the community.”<a name="FNanchor472" id="FNanchor472"></a><a href="#Footnote-472" class="fnanchor">[472]</a></p></div> + +<p>The outline thus given may be inaccurate in +several particulars: it is known to be so in one. +Respecting the alien and sedition acts, the orator +expressed no opinion at all;<a name="FNanchor473" id="FNanchor473"></a><a href="#Footnote-473" class="fnanchor">[473]</a> but accepting them +as the law of the land, he counselled moderation, +forbearance, and the use of constitutional means +of redress. Than that whole effort, as has been +said by a recent and a sagacious historian, “nothing +in his life was nobler.”<a name="FNanchor474" id="FNanchor474"></a><a href="#Footnote-474" class="fnanchor">[474]</a></p> + +<p>Upon the conclusion of the old man’s speech the +stand was taken by a very young man, John Randolph +of Roanoke, who undertook to address the +crowd, offering himself to them as a candidate for +Congress, but on behalf of the party then opposed +to Patrick Henry. By reason of weariness, no +doubt, the latter did not remain upon the platform; +but having “requested a friend to report to him +anything which might require an answer,” he +<span class="pgnm"><a name="Page_420" id="Page_420">[Pg 420]</a></span> +stepped back into the tavern. “Randolph began +by saying that he had admired that man more than +any on whom the sun had shone, but that now he +was constrained to differ from him ‘<i>toto cœlo</i>.’” +Whatever else Randolph may have said in his +speech, whether important or otherwise, was +spoken under the disadvantage of a cold and a +hoarseness so severe as to render him scarcely able +to “utter an audible sentence.” Furthermore, +Patrick Henry “made no reply, nor did he again +present himself to the people.”<a name="FNanchor475" id="FNanchor475"></a><a href="#Footnote-475" class="fnanchor">[475]</a> There is, however, +a tradition, not improbable, that when Randolph +had finished his speech, and had come back +into the room where the aged statesman was resting, +the latter, taking him gently by the hand, +said to him, with great kindness: “Young man, +you call me father. Then, my son, I have something +to say unto thee: keep justice, keep truth,—and +you will live to think differently.”</p> + +<p>As a result of the poll, Patrick Henry was, by a +great majority, elected to the House of Delegates. +But his political enemies, who, for sufficient reasons, +greatly dreaded his appearance upon that +scene of his ancient domination, were never any +more to be embarrassed by his presence there.<span class="pgnm"><a name="Page_421" id="Page_421">[Pg 421]</a></span> +For, truly, they who, on that March day, at Charlotte +court-house, had heard Patrick Henry, “had +heard an immortal orator who would never speak +again.”<a name="FNanchor476" id="FNanchor476"></a><a href="#Footnote-476" class="fnanchor">[476]</a> He seems to have gone thence to his +home, and never to have left it. About the middle +of the next month, being too sick to write many +words, he lifted himself up in bed long enough to +tell the secretary of state that he could not go on +the mission to France, and to send his dying blessing +to his old friend, the President. Early in +June, his eldest daughter, Martha Fontaine, living +at a distance of two days’ travel from Red Hill, +received from him a letter beginning with these +words: “Dear Patsy, I am very unwell, and have +Dr. Cabell with me.”<a name="FNanchor477" id="FNanchor477"></a><a href="#Footnote-477" class="fnanchor">[477]</a> Upon this alarming news, +she and others of his kindred in that neighborhood +made all haste to go to him. On arriving at Red +Hill “they found him sitting in a large, old-fashioned +armchair, in which he was easier than upon a +bed.” The disease of which he was dying was intussusception. +On the 6th of June, all other remedies +having failed, Dr. Cabell proceeded to administer to +him a dose of liquid mercury. Taking the vial in +his hand, and looking at it for a moment, the dying +man said: “I suppose, doctor, this is your last resort?” +The doctor replied: “I am sorry to say, +governor, that it is. Acute inflammation of the +intestine has already taken place; and unless it is +removed, mortification will ensue, if it has not already +commenced, which I fear.” “What will be +<span class="pgnm"><a name="Page_422" id="Page_422">[Pg 422]</a></span> +the effect of this medicine?” said the old man. +“It will give you immediate relief, or”—the kind-hearted +doctor could not finish the sentence. His +patient took up the word: “You mean, doctor, +that it will give relief, or will prove fatal immediately?” +The doctor answered: “You can only +live a very short time without it, and it may possibly +relieve you.” Then Patrick Henry said, “Excuse +me, doctor, for a few minutes;” and drawing +down over his eyes a silken cap which he usually +wore, and still holding the vial in his hand, he +prayed, in clear words, a simple childlike prayer, +for his family, for his country, and for his own +soul then in the presence of death. Afterward, +in perfect calmness, he swallowed the medicine. +Meanwhile, Dr. Cabell, who greatly loved him, +went out upon the lawn, and in his grief threw +himself down upon the earth under one of the +trees, weeping bitterly. Soon, when he had sufficiently +mastered himself, the doctor came back to +his patient, whom he found calmly watching the +congealing of the blood under his finger-nails, and +speaking words of love and peace to his family, +who were weeping around his chair. Among other +things, he told them that he was thankful for +that goodness of God, which, having blessed him +through all his life, was then permitting him to +die without any pain. Finally, fixing his eyes with +much tenderness on his dear friend, Dr. Cabell, +with whom he had formerly held many arguments +respecting the Christian religion, he asked the doctor +<span class="pgnm"><a name="Page_423" id="Page_423">[Pg 423]</a></span> +to observe how great a reality and benefit that +religion was to a man about to die. And after +Patrick Henry had spoken to his beloved physician +these few words in praise of something which, having +never failed him in all his life before, did not +then fail him in his very last need of it, he continued +to breathe very softly for some moments; +after which they who were looking upon him saw +that his life had departed.</p> + + +<div class="footnotes"> +<h3 class="center">FOOTNOTES:</h3> +<div class="footnote"><p><a name="Footnote-465" id="Footnote-465"></a><a href="#FNanchor465"><span class="label">[465]</span></a> Henry Adams, <i>Life of J. Randolph,</i> 27-28.</p></div> + +<div class="footnote"><p><a name="Footnote-466" id="Footnote-466"></a><a href="#FNanchor466"><span class="label">[466]</span></a> <i>Writings of Washington</i>, xi. 557-559.</p></div> + +<div class="footnote"><p><a name="Footnote-467" id="Footnote-467"></a><a href="#FNanchor467"><span class="label">[467]</span></a> <i>Works of John Adams</i>, ix. 162; viii. 641-642.</p></div> + +<div class="footnote"><p><a name="Footnote-468" id="Footnote-468"></a><a href="#FNanchor468"><span class="label">[468]</span></a> <i>Writings of Washington</i>, xi. 387-391.</p></div> + +<div class="footnote"><p><a name="Footnote-469" id="Footnote-469"></a><a href="#FNanchor469"><span class="label">[469]</span></a> Garland, <i>Life of John Randolph</i>, 130.</p></div> + +<div class="footnote"><p><a name="Footnote-470" id="Footnote-470"></a><a href="#FNanchor470"><span class="label">[470]</span></a> Fontaine, MS.</p></div> + +<div class="footnote"><p><a name="Footnote-471" id="Footnote-471"></a><a href="#FNanchor471"><span class="label">[471]</span></a> The alien and sedition acts.</p></div> + +<div class="footnote"><p><a name="Footnote-472" id="Footnote-472"></a><a href="#FNanchor472"><span class="label">[472]</span></a> Wirt, 393-395.</p></div> + +<div class="footnote"><p><a name="Footnote-473" id="Footnote-473"></a><a href="#FNanchor473"><span class="label">[473]</span></a> <i>Hist. Mag.</i> for 1873, 353.</p></div> + +<div class="footnote"><p><a name="Footnote-474" id="Footnote-474"></a><a href="#FNanchor474"><span class="label">[474]</span></a> Henry Adams, <i>John Randolph</i>, 29.</p></div> + +<div class="footnote"><p><a name="Footnote-475" id="Footnote-475"></a><a href="#FNanchor475"><span class="label">[475]</span></a> J. W. Alexander, <i>Life of A. Alexander</i>, 188-189. About this +whole scene have gathered many myths, of which several first appeared +in a Life of Henry, in the <i>New Edinb. Encycl.</i> 1817; were +thence copied into Howe, <i>Hist. Coll. Va.</i> 224-225; and have +thence been engulfed in that rich mass of unwhipped hyperboles +and of unexploded fables still patriotically swallowed by the +American public as American history.</p></div> + +<div class="footnote"><p><a name="Footnote-476" id="Footnote-476"></a><a href="#FNanchor476"><span class="label">[476]</span></a> Henry Adams.</p></div> + +<div class="footnote"><p><a name="Footnote-477" id="Footnote-477"></a><a href="#FNanchor477"><span class="label">[477]</span></a> Fontaine, MS.</p></div> + +</div> + +<p><span class="pgnm"><a name="Page_424" id="Page_424">[Pg 424]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>LIST OF PRINTED DOCUMENTS <br /> +<span class="hsub">CITED IN THIS BOOK, WITH TITLES, PLACES, +AND DATES OF THE EDITIONS USED.</span></h2> + + +<p class="indx2"><span class="smcap">Adams, Charles Francis.</span> (See<a href="#Adams_John"> John Adams</a>.)</p> + +<p class="indx2"><span class="smcap"><a name="Adams_Henry" id="Adams_Henry">Adams, Henry</a></span>, The Life of Albert Gallatin. Philadelphia: +1880.</p> + +<p class="indx2"><span class="smcap">Adams, Henry</span>, <a name="John_Randolph_Am_Statesmen_Series" id="John_Randolph_Am_Statesmen_Series">John Randolph. Am. Statesmen Series.</a> Boston: +1882.</p> + +<p class="indx2"><span class="smcap">Adams, John.</span> (See <a href="#Novanglus">Novanglus</a>, etc.)</p> + +<p class="indx2"><span class="smcap"><a name="Adams_John" id="Adams_John"></a>Adams, John</span>, Letters of, Addressed to his Wife. Ed. by Charles +Francis Adams. 2 vols. Boston: 1841.</p> + +<p class="indx2"><span class="smcap">Adams, John</span>, The Works of. Ed. by Charles Francis Adams. +10 vols. Boston: 1856.</p> + +<p class="indx2"><span class="smcap">Adams, Samuel</span>, Life of. (See <a href="#Wells_William_V">Wm. V. Wells</a>.)</p> + +<p class="indx2"><span class="smcap">Alexander, James W.</span>, The Life of Archibald Alexander. New +York: 1854.</p> + +<p class="indx2">American Archives. (Peter Force.) 9 vols. Washington: +1837-1853.</p> + +<p class="indx2">The American Quarterly Review. Vol. i. Philadelphia: 1827.</p> + +<p class="indx2"><span class="smcap">Bancroft, George</span>, History of the United States. 10 vols. +Boston: 1870-1874.</p> + +<p class="indx2"><span class="smcap">Bancroft, George</span>, History of the United States. The Author’s +Last Revision. 6 vols. New York: 1883-1885.</p> + +<p class="indx2"><span class="smcap">Bancroft, George</span>, History of the Formation of the Constitution +of the United States of America. 2 vols. New York: +1882.</p> + +<p class="indx2"><span class="smcap">Bland, Richard</span>, A Letter to the Clergy of Virginia, n. p. +1760.</p> + +<p class="indx2"><span class="smcap">Brougham, Henry, Lord</span>, The Life and Times of, Written by +himself. 3 vols. New York: 1871.</p> + +<p class="indx2"><span class="smcap"><a name="Burk_John" id="Burk_John">Burk, John</a> (Daly)</span>, The History of Virginia. 4 vols. Petersburg: +1804-1816. Last volume by Skelton Jones and Louis +Hue Girardin.</p> +<p><span class="pgnm"><a name="Page_425" id="Page_425">[Pg 425]</a></span></p> + +<p class="indx2"><span class="smcap">Byrd, William</span>, Byrd Manuscripts. 2 vols. Richmond: 1866.</p> + +<p class="indx2">Calendar of Virginia State Papers. Vol. ii. Richmond: 1881.</p> + +<p class="indx2"><span class="smcap">Campbell, Charles</span>, The Bland Papers: Being a Selection from +the Manuscripts of Colonel Theodorick Bland, Jr. 2 vols. +Petersburg: 1840.</p> + +<p class="indx2"><span class="smcap">Campbell, Charles</span>, History of the Colony and Ancient Dominion +of Virginia. Philadelphia: 1860.</p> + +<p class="indx2">Collections of the Connecticut Historical Society. Vol. ii. Hartford: +1870.</p> + +<p class="indx2">Colonel George Rogers Clark’s Sketch of his Campaign in the +Illinois in 1778-79. Cincinnati: 1869.</p> + +<p class="indx2"><span class="smcap">Cooke, John Esten</span>, Virginia: A History of the People. (Commonwealth +Series.) Boston: 1884.</p> + +<p class="indx2"><span class="smcap">Cooley, Thomas M.</span> (See <a href="#Story_Joseph">Joseph Story</a>.)</p> + +<p class="indx2"><a name="Correspondence" id="Correspondence">Correspondence</a> of the American Revolution. Edited by Jared +Sparks. 4 vols. Boston: 1853.</p> + +<p class="indx2"><span class="smcap">Curtis, B. R.</span>, Reports of Decisions in the Supreme Court of the +United States. Boston: 1855.</p> + +<p class="indx2"><span class="smcap">Curtis, George Ticknor</span>, History of the Origin, Formation, and +Adoption of the Constitution of the United States. 2 vols. +London and New York: 1854, 1858.</p> + +<p class="indx2"><span class="smcap"><a name="Curtis_George_Ticknor" id="Curtis_George_Ticknor">Curtis, George Ticknor</a></span>, Life of Daniel Webster. New York: +1872.</p> + +<p class="indx2"><span class="smcap">De Costa, B. F.</span> (See <a href="#White_William">William White</a>.)</p> + +<p class="indx2"><span class="smcap">Dickinson, John</span>, The Political Writings of. 2 vols. Wilmington: +1801.</p> + +<p class="indx2"><span class="smcap">Elliot, Jonathan</span>, The Debates in the Several State Conventions, +on the adoption of the Federal Constitution, etc. 5 vols. +Philadelphia: 1876.</p> + +<p class="indx2"><span class="smcap"><a name="Everett_Alexander_H" id="Everett_Alexander_H">Everett, Alexander H.</a></span>, Life of Patrick Henry. In Sparks’s +Library of Am. Biography. 2d series, vol. i. Boston: 1844.</p> + +<p class="indx2"><span class="smcap">Frothingham, Richard</span>, The Rise of the Republic of the +United States. Boston: 1872.</p> + +<p class="indx2"><span class="smcap">Gales, Joseph</span>, The Debates and Proceedings in the Congress of +the United States. 2 vols. Washington: 1834.</p> + +<p class="indx2"><span class="smcap">Gallatin, Albert.</span> (See <a href="#Adams_Henry">Henry Adams</a>.)</p> + +<p class="indx2"><span class="smcap"><a name="Garland_Hugh_A" id="Garland_Hugh_A">Garland, Hugh A.</a></span>, The Life of John Randolph of Roanoke. +2 vols. New York: 1860.</p> + +<p class="indx2"><span class="smcap">Gibbs, George</span>, Memoirs of the Administrations of Washington +and John Adams, edited from the Papers of Oliver Wolcott. +New York: 1846.</p> +<p><span class="pgnm"><a name="Page_426" id="Page_426">[Pg 426]</a></span></p> + +<p class="indx2"><span class="smcap">Girardin, Louis Hue.</span> (See <a href="#Burk_John">John Burk</a>.)</p> + +<p class="indx2"><span class="smcap">Gordon, William</span>, History of the Rise, Progress, and Establishment +of the Independence of the United States of America; including +an account of the Late War, and of the Thirteen Colonies +from their origin to that period. 3 vols. New York: +1789.</p> + +<p class="indx2"><span class="smcap">Grigsby, Hugh Blair</span>, The Virginia Convention of 1776. Richmond: +1855.</p> + +<p class="indx2"><span class="smcap">Hamilton, Alexander</span>, Works of. Edited by John C. Hamilton. +7 vols. New York: 1850-1851.</p> + +<p class="indx2"><span class="smcap">Hansard, T. C.</span>, The Parliamentary History of England. Vol. +xviii. London: 1813.</p> + +<p class="indx2"><span class="smcap">Hawks, Francis L.</span>, Contributions to the Ecclesiastical History +of the United States of America. Vol. i. New York: 1836.</p> + +<p class="indx2"><span class="smcap">Hening, William Waller</span>, The Statutes at Large: Being a +Collection of all the Laws of Virginia. 13 vols. Richmond, +New York, and Philadelphia: 1819-1823.</p> + +<p class="indx2"><span class="smcap">Henry, Patrick</span>, Life of. (See <a href="#Wirt_William">Wirt, William</a>, and <a href="#Everett_Alexander_H">Everett, +Alexander H.</a>)</p> + +<p class="indx2"><span class="smcap">Henry, William Wirt</span>, Character and Public Career of Patrick +Henry. Pamphlet. Charlotte Court-house, Va.: 1867.</p> + +<p class="indx2"><span class="smcap">Henry, William Wirt</span>, Patrick Henry: Life, Correspondence, +and Speeches. 3 vols. New York: 1891.</p> + +<p class="indx2"><span class="smcap">Herring, James.</span> (See <a href="#National_Portrait_Gallery">National Portrait Gallery</a>.)</p> + +<p class="indx2"><span class="smcap">Hildreth, Richard</span>, The History of the United States of America. +6 vols. New York: 1871-1874.</p> + +<p class="indx2">The Historical Magazine, and Notes and Queries Concerning the +Antiquities, History, and Biography of America. (Henry B. +Dawson.) Vol. ii. 2d series, and vol. ii. 3d series. Morrisania: +1867 and 1873.</p> + +<p class="indx2"><span class="smcap">Howe, Henry</span>, Historical Collections of Virginia. Charleston: +1845.</p> + +<p class="indx2"><span class="smcap">Howison, Robert R.</span>, A History of Virginia. Vol. i. Philadelphia: +1846. Vol. ii. Richmond, New York, and London: +1848.</p> + +<p class="indx2"><span class="smcap">Iredell, James</span>, Life of. (See <a href="#McRee_Griffith_J">McRee, G. J.</a>)</p> + +<p class="indx2"><span class="smcap">Jay, William</span>, The Life of John Jay. 2 vols. New York: +1833.</p> + +<p class="indx2"><span class="smcap">Jefferson, Thomas</span>, Notes on the State of Virginia. Philadelphia: +1825.</p> + +<p><span class="pgnm"><a name="Page_427" id="Page_427">[Pg 427]</a></span></p> + +<p class="indx2"><span class="smcap"><a name="Jefferson_Thomas" id="Jefferson_Thomas">Jefferson, Thomas</a></span>, The Writings of. Ed. by H. A. Washington. +9 vols. New York: 1853-1854.</p> + +<p class="indx2"><span class="smcap">Jefferson, Thomas</span>, Life of. (See <a href="#Randall_Henry_Stephens">H. S. Randall</a>.)</p> + +<p class="indx2"><span class="smcap">Jones, Skelton.</span> (See <a href="#Burk_John">John Burk</a>.)</p> + +<p class="indx2">Journal of the House of Delegates of the Commonwealth of Virginia. +(From 1777 to 1790.) 3 vols. Richmond: 1827-1828.</p> + +<p class="indx2"><span class="smcap"><a name="Kennedy_John_P" id="Kennedy_John_P">Kennedy, John P.</a></span>, Memoirs of the Life of William Wirt. 2 +vols. Philadelphia: 1850.</p> + +<p class="indx2"><span class="smcap">Lamb, General John</span>, Memoir of. (See <a href="#Leake_Isaac_Q">Leake, Isaac Q.</a>)</p> + +<p class="indx2"><span class="smcap">Lamb, Martha J.</span> (See <a href="#Magazine_of_American_History">Magazine of American History</a>.)</p> + +<p class="indx2"><span class="smcap"><a name="Leake_Isaac_Q" id="Leake_Isaac_Q">Leake, Isaac Q.</a></span>, Memoir of the Life and Times of General +John Lamb. Albany: 1850.</p> + +<p class="indx2"><span class="smcap">Lee, Charles Carter.</span> (See <a href="#Lee_Henry">Lee, Henry, Observations, etc.</a>)</p> + +<p class="indx2"><span class="smcap"><a name="Lee_Henry" id="Lee_Henry">Lee, Henry</a></span>, Observations on the Writings of Thomas Jefferson, +with Particular Reference to the Attack they contain on the +Memory of the late Gen. Henry Lee. In a series of Letters. +Second ed., with an Introduction and Notes by Charles Carter +Lee. Philadelphia: 1839.</p> + +<p class="indx2"><span class="smcap">Lee, Richard Henry.</span> (See <a href="#Lee_Richard_Henry">Richard Henry Lee</a>, 2d.)</p> + +<p class="indx2"><span class="smcap"><a name="Lee_Richard_Henry" id="Lee_Richard_Henry">Lee, Richard Henry</a></span>, 2d, Memoir of the Life of Richard +Henry Lee. 2 vols. Philadelphia: 1825.</p> + +<p class="indx2"><span class="smcap">Lee, Richard Henry</span>, 2d, Life of Arthur Lee, LL. D. 2 vols. +Boston: 1829.</p> + +<p class="indx2"><span class="smcap">Leonard, Daniel.</span> (See <a href="#Novanglus">Novanglus</a>, etc.)</p> + +<p class="indx2"><span class="smcap">Longacre, James B.</span> (See <a href="#National_Portrait_Gallery">National Portrait Gallery</a>.)</p> + +<p class="indx2"><span class="smcap">Mackay, Charles</span>, The Founders of the American Republic. +Edinburgh and London: 1885.</p> + +<p class="indx2"><span class="smcap">MacMaster, John Bach</span>, History of the People of the United +States. 2 vols. New York: 1883-1885.</p> + +<p class="indx2"><span class="smcap"><a name="McRee_Griffith_J" id="McRee_Griffith_J">McRee, Griffith J.</a></span>, Life and Correspondence of James Iredell. +2 vols. New York: 1857-1858.</p> + +<p class="indx2"><span class="smcap">Madison, James</span>, The Papers of. 3 vols. Washington: 1840.</p> + +<p class="indx2"><span class="smcap">Madison, James</span>, Letters and Other Writings of. 4 vols. Philadelphia: +1867.</p> + +<p class="indx2"><span class="smcap">Madison, James</span>, Life and Times of. (See <a href="#Rives_William_C">William C. Rives</a>.)</p> + +<p class="indx2">The <a name="Magazine_of_American_History" id="Magazine_of_American_History">Magazine of American History</a>, with Notes and Queries. +Ed. by Martha J. Lamb. Vol. xi. New York: 1884.</p> + +<p class="indx2"><span class="smcap"><a name="Magruder_Allan_B" id="Magruder_Allan_B">Magruder, Allan B.</a></span>, John Marshall. (Am. Statesmen Series.) +Boston: 1885.</p> + +<p class="indx2"><span class="smcap"><a name="Marshall_John" id="Marshall_John">Marshall, John</a></span>, The Life of George Washington. 5 vols. +Philadelphia: 1804-1807.</p> + +<p><span class="pgnm"><a name="Page_428" id="Page_428">[Pg 428]</a></span></p> + +<p class="indx2"><span class="smcap">Marshall, John.</span> (See <a href="#Magruder_Allan_B">Magruder, Allan B.</a>)</p> + +<p class="indx2"><span class="smcap">Maury, Ann</span>, Memoirs of a Huguenot Family. New York: 1872.</p> + +<p class="indx2"><span class="smcap">Meade, William</span>, Old Churches, Ministers, and Families of Virginia. +2 vols. Philadelphia: 1872.</p> + +<p class="indx2">The <a name="National_Portrait_Gallery" id="National_Portrait_Gallery">National Portrait Gallery</a> of Distinguished Americans, Conducted +by James B. Longacre and James Herring. 2d vol. +Philadelphia, New York, and London: 1835.</p> + +<p class="indx2"><a name="Novanglus" id="Novanglus">Novanglus</a> and Massachusettensis; or, Political Essays Published +in the years 1774 and 1775. Boston: 1819.</p> + +<p class="indx2"><span class="smcap">Perry, William Stevens</span>, Historical Collections relating to the +American Colonial Church. Vol. i. Virginia. Hartford: 1870.</p> + +<p class="indx2"><span class="smcap">Peyton, J. Lewis</span>, History of Augusta County, Virginia. Staunton: 1882.</p> + +<p class="indx2">Prior Documents. A Collection of Interesting, Authentic Papers +relative to the Dispute between Great Britain and America, +Shewing the Causes and Progress of that Misunderstanding +from 1764 to 1775. (Almon.) London: 1777.</p> + +<p class="indx2">The Proceedings of the Convention of Delegates for the Counties +and Corporations in the Colony of Virginia, Held at Richmond +Town, in the County of Henrico, on the 20th of March, 1775. +Richmond: 1816.</p> + +<p class="indx2"><span class="smcap"><a name="Randall_Henry_Stephens" id="Randall_Henry_Stephens">Randall, Henry Stephens</a></span>, The Life of Thomas Jefferson. 3 +vols. New York: 1858.</p> + +<p class="indx2"><span class="smcap">Randolph, John.</span> (See <a href="#John_Randolph_Am_Statesmen_Series">Adams, Henry</a>, and <a href="#Garland_Hugh_A">Garland, Hugh A.</a>)</p> + +<p class="indx2"><span class="smcap">Reed, William B.</span>, Life and Correspondence of Joseph Reed. +2 vols. Philadelphia: 1847.</p> + +<p class="indx2"><span class="smcap"><a name="Rives_William_C" id="Rives_William_C">Rives, William C.</a></span>, History of the Life and Times of James +Madison. Boston: Vol. i. 2d ed. 1873. Vol. ii. 1870. Vol. iii. 1868.</p> + +<p class="indx2"><span class="smcap">Rowland, Kate Mason</span>, The Life of George Mason, Including +his Speeches, Public Papers, and Correspondence, with an Introduction +by General Fitzhugh Lee. 2 vols. New York: 1892.</p> + +<p class="indx2"><span class="smcap">Slaughter, Rev. Philip</span>, A History of St. Mark’s Parish, Culpeper +County, Virginia, n. p. 1877.</p> + +<p class="indx2"><span class="smcap">Sparks, Jared.</span> (See <a href="#Correspondence">Corr. Am. Revolution</a>, and <a href="#Washington_George">Washington, +Writings of.</a>)</p> + +<p class="indx2"><span class="smcap"><a name="Story_Joseph" id="Story_Joseph">Story, Joseph</a></span>, Commentaries of the Constitution of the United +States. Ed. by Thomas M. Cooley. 2 vols. Boston: 1873.</p> + +<p><span class="pgnm"><a name="Page_429" id="Page_429">[Pg 429]</a></span></p> + +<p class="indx2"><span class="smcap">Tyler, Lyon G.</span>, The Letters and Times of the Tylers. 2 vols. +Richmond: 1884-1885.</p> + +<p class="indx2">The Virginia Historical Register and Literary Note-Book. Vol. +iii. Richmond: 1850.</p> + +<p class="indx2">Virginia State Papers, Calendar of. Vol. ii. Richmond: 1881.</p> + +<p class="indx2"><span class="smcap"><a name="Washington_George" id="Washington_George">Washington, George</a></span>, The Writings of; Being his Correspondence, +Addresses, Messages, and Other Papers, Official and Private; +Selected and Published from the Original Manuscripts, +with a Life of the Author, Notes, and Illustrations. Edited +by Jared Sparks. 12 vols. Boston and New York: 1834-1847.</p> + +<p class="indx2"><span class="smcap">Washington, George</span>, Life of. (See <a href="#Marshall_John">John Marshall.</a>)</p> + +<p class="indx2"><span class="smcap">Washington, H. A.</span> (See <a href="#Jefferson_Thomas">Jefferson, Thomas, Writings of.</a>)</p> + +<p class="indx2"><span class="smcap">Webster, Daniel</span>, Life of. (See <a href="#Curtis_George_Ticknor">Geo. Ticknor Curtis.</a>)</p> + +<p class="indx2"><span class="smcap"><a name="Wells_William_V" id="Wells_William_V">Wells, William V.</a></span>, The Life and Public Services of Samuel +Adams. 3 vols. Boston: 1865.</p> + +<p class="indx2"><span class="smcap"><a name="White_William" id="White_William">White, William</a></span>, Memoirs of the Protestant Episcopal Church +in the United States of America. Ed. by B. F. De Costa. New +York: 1880.</p> + +<p class="indx2"><span class="smcap"><a name="Wirt_William" id="Wirt_William">Wirt, William</a></span>, Sketches of the Life and Character of Patrick +Henry. Third ed., corrected by the Author. Philadelphia: 1818.</p> + +<p class="indx2"><span class="smcap">Wirt, William</span>, Life of. (See <a href="#Kennedy_John_P">Kennedy, John P.</a>)</p> + +<p class="indx2"><span class="smcap">Wise, Henry A.</span>, Seven Decades of the Union. Philadelphia: 1872.</p> + + +<p><span class="pgnm"><a name="Page_431" id="Page_431">[Pg 431]</a></span><br /> +<span class="rettoc"><a href="#Page_xi" title="return to Table of Contents">ToC</a></span></p> + +<h2>INDEX</h2> + + + +<p class="indx2"> +Adams, John, on Henry’s confession of illiteracy, <a href="#Page_12">12</a>;<br /> +early recognizes Henry’s importance, <a href="#Page_88">88</a>;<br /> +describes enthusiasm of Virginians over oratory of Henry and Lee, <a href="#Page_101">101</a>;<br /> +describes social festivities at Philadelphia, <a href="#Page_104">104-106</a>;<br /> +in Congress asks Duane to explain motion to prepare regulations, <a href="#Page_108">108</a>;<br /> +describes Henry’s first speech, <a href="#Page_110">110</a>;<br /> +debates method of voting in Congress, <a href="#Page_110">110</a>;<br /> +gives summary of Henry’s speech against Galloway’s plan, <a href="#Page_116">116</a>;<br /> +on committee to prepare address to the king, <a href="#Page_117">117</a>;<br /> +forms a high opinion of Henry’s abilities, <a href="#Page_124">124</a>;<br /> +discusses with Henry the probability of war, <a href="#Page_125">125</a>;<br /> +on Henry’s apparent profanity, <a href="#Page_126">126</a>;<br /> +has brief military aspirations, <a href="#Page_154">154</a>;<br /> +envious of military glory, <a href="#Page_154">154</a>;<br /> +on committees in second Continental Congress, <a href="#Page_172">172</a>, <a href="#Page_175">175</a>;<br /> +as likely as Henry to have been a good fighter, <a href="#Page_188">188</a>;<br /> +but unlike him in not offering, <a href="#Page_188">188</a>;<br /> +urged by Henry to advocate French alliance, <a href="#Page_199">199</a>;<br /> +on importance of Virginia’s action in adopting a constitution, <a href="#Page_201">201</a>;<br /> +advocates a democratic constitution in “Thoughts on Government,” <a href="#Page_202">202</a>;<br /> +praised for it by Henry, <a href="#Page_204">204-206</a>;<br /> +his complimentary reply, <a href="#Page_206">206</a>;<br /> +comments on Virginia aristocrats, <a href="#Page_207">207</a>;<br /> +his friendship with Henry, <a href="#Page_397">397</a>;<br /> +becomes president, <a href="#Page_407">407</a>;<br /> +sends French mission, <a href="#Page_411">411</a>, <a href="#Page_412">412</a>;<br /> +appoints Henry envoy to France, <a href="#Page_412">412</a>;<br /> +thanked by Henry, <a href="#Page_412">412</a>. +</p> +<p class="indx2"> +Adams, Samuel, member of first Continental Congress, <a href="#Page_108">108</a>;<br /> +of the second, <a href="#Page_173">173</a>;<br /> +friendship of Henry for, <a href="#Page_206">206</a>;<br /> +unfavorable to federal Constitution, <a href="#Page_330">330</a>. +</p> +<p class="indx2"> +Alexander, Rev. Archibald, of Princeton, analyzes Henry’s success as a jury lawyer, <a href="#Page_370">370</a>;<br /> +gives anecdotes of his success, <a href="#Page_371">371-375</a>. +</p> +<p class="indx2"> +Alsop, John, member of second Continental Congress, <a href="#Page_173">173</a>. +</p> +<p class="indx2"> +Arnold, Benedict, commands marauding expedition in Virginia, <a href="#Page_278">278</a>. +</p> +<p class="indx2"> +Articles of Confederation, their weakness deplored by Henry, <a href="#Page_305">305</a>;<br /> +plans of Henry and others to strengthen, <a href="#Page_305">305</a>, <a href="#Page_306">306</a>. +</p> +<p class="indx2"> +Assembly, General, of Virginia. See <a href="#Legislature">Legislature</a>. +</p> +<p class="indx2"> +Atherton, Joshua, opposes federal Constitution, <a href="#Page_330">330</a>. +</p> +<p class="indx2"> +Atkinson, Roger, describes Virginia delegates in Continental Congress, <a href="#Page_102">102</a>. +</p> +<p class="indx2"> +Aylett, Mrs. Betsy, letter of Henry to, describing his political opinions, in 1796, <a href="#Page_405">405</a>.<br /><br /> +</p> + +<p class="indx2"> +Baker, Counsellor, opposes Henry in British debts case, <a href="#Page_362">362</a>. +</p> +<p class="indx2"> +Baptists, petition convention for religious liberty, <a href="#Page_209">209</a>;<br /> +congratulate Henry on his election as governor, <a href="#Page_216">216</a>;<br /> +his reply, <a href="#Page_217">217</a>. +</p> +<p class="indx2"> +Bar of Virginia, examination for, <a href="#Page_22">22-25</a>;<br /> +its ability, <a href="#Page_90">90</a>;<br /> +leaders of, <a href="#Page_93">93</a>;<br /> +opposes, as a rule, the federal Constitution, <a href="#Page_319">319</a>;<br /> +its eminence and participation in British debts case, <a href="#Page_360">360</a>. +</p> +<p class="indx2"> +Barrell, William, entertains delegates to first Continental Congress, at his store, <a href="#Page_106">106</a>. +</p> +<p class="indx2"> +Bayard, ——, entertains John Adams at first Continental Congress, <a href="#Page_105">105</a>. +</p> +<p class="indx2"> +Bernard, Sir Francis, describes exciting effect of Virginia Resolves in Boston, <a href="#Page_82">82</a>. +</p> +<p class="indx2"> +<span class="pgnm"><a name="Page_432" id="Page_432">[Pg 432]</a></span> +Bill of Rights, the demand for in the new federal Constitution, <a href="#Page_324">324</a>, <a href="#Page_325">325</a>, <a href="#Page_326">326</a>, <a href="#Page_331">331</a>;<br /> +secured in first ten amendments, <a href="#Page_354">354</a>, <a href="#Page_355">355</a>. +</p> +<p class="indx2"> +Blair, Archibald, draws forth Henry’s opinions on American foreign policy, <a href="#Page_409">409</a>. +</p> +<p class="indx2"> +Blair, John, prominent in Virginia bar, <a href="#Page_93">93</a>;<br /> +on committee to notify Henry of his election as governor, <a href="#Page_212">212</a>;<br /> +tries British debts case, <a href="#Page_362">362</a>. +</p> +<p class="indx2"> +Bland, Richard, on committee to protest against Stamp Act, <a href="#Page_66">66</a>;<br /> +believes submission inevitable, <a href="#Page_67">67</a>;<br /> +opposes Henry’s Virginia Resolves, <a href="#Page_71">71</a>;<br /> +loses leadership to Henry, <a href="#Page_89">89</a>;<br /> +leader of conservatives, <a href="#Page_95">95</a>;<br /> +appointed delegate to Continental Congress, <a href="#Page_99">99</a>;<br /> +described by Atkinson, <a href="#Page_102">102</a>;<br /> +by John Adams, <a href="#Page_106">106</a>;<br /> +in debate on manner of voting, <a href="#Page_112">112</a>;<br /> +opposes Henry’s motion to arm militia, <a href="#Page_137">137</a>;<br /> +on committees, <a href="#Page_152">152</a>;<br /> +in convention of 1776, <a href="#Page_190">190</a>;<br /> +on committee to draft bill of rights and constitution, <a href="#Page_200">200</a>. +</p> +<p class="indx2"> +Bland, Theodoric, opposes ratification of federal Constitution, <a href="#Page_320">320</a>;<br /> +presents to Congress Virginia’s appeal for a new federal convention, <a href="#Page_354">354</a>. +</p> +<p class="indx2"> +Bland, Theophilus, letter of Tucker to, sneering at Henry, <a href="#Page_269">269</a>. +</p> +<p class="indx2"> +Bloodworth, Timothy, of North Carolina, opposes federal Constitution, <a href="#Page_330">330</a>. +</p> +<p class="indx2"> +Boston Port Bill, its day of going into operation made a public fast day by Virginia Assembly, <a href="#Page_97">97</a>. +</p> +<p class="indx2"> +Boyce, Captain, asks Washington, through Henry, for a letter, <a href="#Page_301">301</a>. +</p> +<p class="indx2"> +Braxton, Carter, wishes an aristocratic state constitution in Virginia, <a href="#Page_201">201</a>;<br /> +recommends a pamphlet in favor of such a government, <a href="#Page_203">203</a>, <a href="#Page_206">206</a>;<br /> +condemned by Henry, <a href="#Page_204">204</a>, <a href="#Page_206">206</a>. +</p> +<p class="indx2"> +Breckenridge, ——, against Henry in murder trial, <a href="#Page_376">376</a>. +</p> +<p class="indx2"> +British debts case, cause for the action, <a href="#Page_359">359</a>, <a href="#Page_360">360</a>;<br /> +question at issue, did treaty of 1783 override a Virginia sequestration act, <a href="#Page_360">360</a>;<br /> +the counsel, <a href="#Page_360">360</a>;<br /> +Henry’s preparation for, <a href="#Page_361">361</a>, <a href="#Page_362">362</a>;<br /> +first trial and Henry’s speech, <a href="#Page_362">362-364</a>;<br /> +intense popular interest, <a href="#Page_363">363</a>;<br /> +second trial before Chief Justice Jay and Justice Iredell, <a href="#Page_364">364-367</a>;<br /> +comparison of Henry’s and Marshall’s pleas, <a href="#Page_366">366</a>;<br /> +Iredell’s opinion, <a href="#Page_367">367</a>. +</p> +<p class="indx2"> +Brougham, Lord, third cousin of Patrick Henry, <a href="#Page_3">3</a>;<br /> +resemblance between the two orators, <a href="#Page_3">3</a>, <a href="#Page_4">4</a>. +</p> +<p class="indx2"> +Burgesses, House of. See <a href="#Legislature">Legislature of Virginia</a>. +</p> +<p class="indx2"> +Burgoyne, John, his campaign and capture, <a href="#Page_240">240</a>. +</p> +<p class="indx2"> +Burke, Aedanus, opposed to federal Constitution, <a href="#Page_330">330</a>. +</p> +<p class="indx2"> +Butler, Bishop Joseph, his “Analogy” Henry’s favorite book, <a href="#Page_20">20</a>, <a href="#Page_391">391</a>;<br /> +an edition printed and distributed by Henry to counteract skepticism, <a href="#Page_394">394</a>. +</p> +<p class="indx2"> +Byrd, William, of Westover, describes Sarah Syme, Henry’s mother, <a href="#Page_1">1</a>, <a href="#Page_2">2</a>.<br /><br /> +</p> + +<p class="indx2"> +Cabell, Dr. George, Henry’s physician in his last illness, <a href="#Page_421">421</a>, <a href="#Page_422">422</a>. +</p> +<p class="indx2"> +Cadwallader, John, entertains John Adams at first Continental Congress, <a href="#Page_105">105</a>. +</p> +<p class="indx2"> +Campbell, Alexander, with Henry in British debts case, <a href="#Page_360">360</a>. +</p> +<p class="indx2"> +Carrington, Clement, son of Paul, explains Henry’s military defect to be lack of discipline, <a href="#Page_187">187</a>. +</p> +<p class="indx2"> +Carrington, Edward, on Henry’s desire for disunion in 1788, <a href="#Page_317">317</a>. +</p> +<p class="indx2"> +Carrington, Paul, friendly with Henry at time of Virginia Resolutions, <a href="#Page_74">74</a>;<br /> +on committee of convention to frame Constitution, <a href="#Page_200">200</a>. +</p> +<p class="indx2"> +Carrington, Paul, Jr., opposes Henry in a murder case, <a href="#Page_372">372</a>, <a href="#Page_373">373</a>. +</p> +<p class="indx2"> +Carter, Charles, of Stafford, on committee of Virginia convention, <a href="#Page_152">152</a>. +</p> +<p class="indx2"> +Carter, Landon, on committee to prepare remonstrances against Stamp Act, <a href="#Page_66">66</a>;<br /> +deplores to Washington the number of inexperienced men in Virginia convention of 1776, <a href="#Page_191">191</a>;<br /> +writes to Washington sneering at Henry’s military preparations, <a href="#Page_222">222</a>, <a href="#Page_223">223</a>. +</p> +<p class="indx2"> +Cary, Archibald, on committee of Virginia convention, <a href="#Page_152">152</a>;<br /> +in convention of 1776, <a href="#Page_190">190</a>;<br /> +<span class="pgnm"><a name="Page_433" id="Page_433">[Pg 433]</a></span> +on committee to draft constitution and bill of rights, <a href="#Page_200">200</a>;<br /> +reports plan to the convention, <a href="#Page_210">210</a>;<br /> +his reported threat to kill Henry if he should be made dictator, <a href="#Page_226">226</a>;<br /> +another version, <a href="#Page_234">234</a>. +</p> +<p class="indx2"> +Chase, Samuel, member of first Continental Congress, <a href="#Page_108">108</a>;<br /> +overwhelmed at first by Lee’s and Henry’s oratory, <a href="#Page_119">119</a>;<br /> +later discovers them to be mere men, <a href="#Page_119">119</a>;<br /> +opposed to federal Constitution, <a href="#Page_330">330</a>. +</p> +<p class="indx2"> +Chatham, Lord, praises state papers of first Continental Congress, <a href="#Page_117">117</a>;<br /> +his death, <a href="#Page_240">240</a>. +</p> +<p class="indx2"> +Christian, William, on committee for arming Virginia militia, <a href="#Page_151">151</a>;<br /> +with Henry in flight from Tarleton, <a href="#Page_281">281</a>, <a href="#Page_282">282</a>. +</p> +<p class="indx2"> +Clapham, Josias, on committee of Virginia convention, <a href="#Page_152">152</a>. +</p> +<p class="indx2"> +Clark, George Rogers, sent by Henry to punish Northwestern Indians, <a href="#Page_258">258</a>;<br /> +success of his expedition described by Henry, <a href="#Page_258">258-260</a>, <a href="#Page_263">263</a>. +</p> +<p class="indx2"> +Clergy of Virginia, paid in tobacco by colony, <a href="#Page_37">37</a>;<br /> +their sufferings from fluctuations in its value, <a href="#Page_38">38</a>;<br /> +their salaries cut down by Option Laws, <a href="#Page_40">40</a>, <a href="#Page_41">41</a>;<br /> +apply in vain to governor, <a href="#Page_43">43</a>;<br /> +appeal to England, <a href="#Page_44">44</a>;<br /> +bring suits to secure damages, <a href="#Page_44">44</a>.<br /> +See <a href="#Parsons">Parsons’ Cause</a>. +</p> +<p class="indx2"> +Clinton, George, opposes federal Constitution, <a href="#Page_330">330</a>;<br /> +his letter answered by Henry, <a href="#Page_353">353</a>. +</p> +<p class="indx2"> +Collier, Sir George, commands British fleet which ravages Virginia, <a href="#Page_257">257</a>, <a href="#Page_264">264</a>, <a href="#Page_267">267</a>. +</p> +<p class="indx2"> +Collins, ——, calls on John Adams, <a href="#Page_105">105</a>. +</p> +<p class="indx2"> +Committee of Correspondence, established, <a href="#Page_96">96</a>. +</p> +<p class="indx2"> +Committee of Safety, of Virginia, given control of Virginia militia, <a href="#Page_177">177</a>;<br /> +ignores Henry’s nominal command, and keeps him from serving in field, <a href="#Page_180">180</a>, <a href="#Page_181">181</a>;<br /> +causes for its action, <a href="#Page_184">184-187</a>. +</p> +<p class="indx2"> +Congress, Continental, called for by Virginia Burgesses, <a href="#Page_98">98</a>;<br /> +delegates elected to in Virginia, <a href="#Page_99">99</a>;<br /> +members of described, <a href="#Page_101">101-108</a>;<br /> +convivialities attending session, <a href="#Page_104">104-106</a>;<br /> +holds first meeting and plans organization, <a href="#Page_107">107-111</a>;<br /> +debates method of voting, <a href="#Page_108">108</a>, <a href="#Page_111">111-113</a>;<br /> +elects a president and secretary, <a href="#Page_107">107</a>, <a href="#Page_108">108</a>;<br /> +resolves to vote by colonies, <a href="#Page_113">113</a>;<br /> +appoints committee to state grievances, and others, <a href="#Page_113">113</a>, <a href="#Page_114">114</a>;<br /> +absence of reports of its action, <a href="#Page_114">114</a>;<br /> +debates and rejects Galloway’s plan of union, <a href="#Page_115">115</a>, <a href="#Page_116">116</a>;<br /> +discusses non-importation, <a href="#Page_117">117</a>;<br /> +appoints committees to draft state papers, <a href="#Page_117">117</a>, <a href="#Page_118">118</a>;<br /> +rejects Lee’s draft of address to king, <a href="#Page_118">118</a>;<br /> +mythical account of proceedings in by Wirt, <a href="#Page_119">119-122</a>;<br /> +fails, according to Adams, to appreciate dangers of situation, <a href="#Page_124">124</a>;<br /> +warns people to be prepared for war, <a href="#Page_129">129</a>;<br /> +selects Washington for commander-in-chief, <a href="#Page_152">152</a>, <a href="#Page_153">153</a>;<br /> +second Congress convenes in 1775, <a href="#Page_166">166</a>;<br /> +its proceedings secret and reports meagre, <a href="#Page_168">168</a>, <a href="#Page_171">171-172</a>;<br /> +question as to Henry’s behavior in, <a href="#Page_168">168-170</a>;<br /> +the important questions decided by it, <a href="#Page_170">170</a>, <a href="#Page_171">171</a>;<br /> +committees in, <a href="#Page_172">172-175</a>;<br /> +adjourns, <a href="#Page_176">176</a>;<br /> +decides to adopt Virginia troops, <a href="#Page_181">181</a>;<br /> +sends Henry a colonel’s commission, <a href="#Page_181">181</a>;<br /> +urged by Virginia to declare independence, <a href="#Page_197">197</a>;<br /> +flies from Philadelphia, <a href="#Page_230">230</a>;<br /> +cabal in against Washington, <a href="#Page_242">242-250</a>;<br /> +reports of Henry to, concerning sending militia south, <a href="#Page_260">260-262</a>;<br /> +and concerning Matthews’ invasion, <a href="#Page_264">264-266</a>. +</p> +<p class="indx2"> +Congress of the United States, reluctantly led by Madison to propose first ten amendments, <a href="#Page_354">354-355</a>. +</p> +<p class="indx2"> +Connecticut, prepares for war, <a href="#Page_131">131</a>, <a href="#Page_133">133</a>. +</p> +<p class="indx2"> +Constitution of the United States, convention for forming it called, <a href="#Page_309">309</a>;<br /> +opposition to in South for fear of unfriendly action of Northern States, <a href="#Page_309">309-311</a>;<br /> +refusal of Henry to attend convention, <a href="#Page_310">310-312</a>;<br /> +formed by the convention, <a href="#Page_313">313</a>;<br /> +its adoption urged upon Henry by Washington, <a href="#Page_313">313</a>;<br /> +struggle over its ratification in Virginia, <a href="#Page_314">314-338</a>;<br /> +at outset favored by majority in Virginia, <a href="#Page_315">315</a>;<br /> +campaign of Henry, Mason, and others against, <a href="#Page_316">316</a>, <a href="#Page_317">317</a>;<br /> +<span class="pgnm"><a name="Page_434" id="Page_434">[Pg 434]</a></span> +opposed by Virginia bar and bench, <a href="#Page_319">319</a>;<br /> +struggles in the convention, <a href="#Page_320">320-338</a>;<br /> +Henry’s objections to, <a href="#Page_322">322-330</a>;<br /> +policy of opposition to work for amendments, <a href="#Page_330">330</a>;<br /> +ratified by convention with reservation of sovereignty, <a href="#Page_331">331</a>, <a href="#Page_332">332</a>;<br /> +obedience to it promised by Henry for his party, <a href="#Page_332">332</a>, <a href="#Page_333">333</a>;<br /> +struggle for amendments, <a href="#Page_339">339-356</a>;<br /> +difficulties in amending, <a href="#Page_339">339</a>, <a href="#Page_340">340</a>;<br /> +doubts expressed by Henry of its possibility, <a href="#Page_341">341</a>;<br /> +organization of a party to agitate for amendments, <a href="#Page_341">341-345</a>;<br /> +Virginia demands a new convention, <a href="#Page_347">347-350</a>;<br /> +twelve amendments proposed by Congress, <a href="#Page_354">354</a>;<br /> +this action probably due to Virginia’s demands, <a href="#Page_355">355</a>, <a href="#Page_356">356</a>. +</p> +<p class="indx2"> +Constitution of Virginia, its adoption, <a href="#Page_200">200-211</a>;<br /> +its democratic character, <a href="#Page_211">211</a>. +</p> +<p class="indx2"> +Convention of Virginia. See <a href="#Legislature">Legislature</a>. +</p> +<p class="indx2"> +Conway, General Thomas, praised in anonymous letter to Henry, <a href="#Page_244">244</a>;<br /> +his cabal against Washington, <a href="#Page_250">250</a>. +</p> +<p class="indx2"> +Conway cabal, its origin, <a href="#Page_242">242</a>;<br /> +attempts to prejudice Henry against Washington, <a href="#Page_243">243-246</a>;<br /> +explained by Washington to Henry, <a href="#Page_248">248-250</a>;<br /> +supposed connection of R. H. Lee with, discredits him in Virginia, <a href="#Page_252">252</a>, <a href="#Page_253">253</a>. +</p> +<p class="indx2"> +Cootes, ——, of James River, laments Henry’s treasonable speech in Parsons’ Cause, <a href="#Page_58">58</a>, <a href="#Page_59">59</a>. +</p> +<p class="indx2"> +Corbin, Francis, favors ratification of federal Constitution, <a href="#Page_320">320</a>. +</p> +<p class="indx2"> +Corbin, Richard, on Dunmore’s order pays for gunpowder, <a href="#Page_161">161</a>. +</p> +<p class="indx2"> +Cornwallis, Lord, defeats Greene at Guilford, <a href="#Page_278">278</a>;<br /> +invades Virginia, <a href="#Page_279">279</a>;<br /> +sends Tarleton to capture the legislature, <a href="#Page_279">279</a>. +</p> +<p class="indx2"> +Cushing, Thomas, member of second Continental Congress, <a href="#Page_174">174</a>. +</p> +<p class="indx2"> +Custis, John, informs Henry of Conway cabal, <a href="#Page_247">247</a>.<br /><br /> +</p> + +<p class="indx2"> +Dandridge, Bartholomew, on committee to notify Henry of his election as governor, <a href="#Page_212">212</a>. +</p> +<p class="indx2"> +Dandridge, Dorothea, second wife of Patrick Henry, <a href="#Page_241">241</a>;<br /> +on his religious habits, <a href="#Page_392">392</a>. +</p> +<p class="indx2"> +Dandridge, Colonel Nathan, Jefferson meets Henry at house of, <a href="#Page_8">8</a>. +</p> +<p class="indx2"> +Dandridge, Nathaniel West, contests seat of Littlepage, <a href="#Page_61">61</a>;<br /> +employs Henry as counsel, <a href="#Page_61">61</a>. +</p> +<p class="indx2"> +Davies, William, letter to concerning dictatorship in 1781, <a href="#Page_286">286</a>. +</p> +<p class="indx2"> +Dawson, John, assists Henry in debate on ratifying federal Constitution, <a href="#Page_320">320</a>. +</p> +<p class="indx2"> +Deane, Silas, describes Southern delegates to first Continental Congress, especially Patrick Henry, <a href="#Page_114">114</a>, <a href="#Page_115">115</a>;<br /> +on committees of second Continental Congress, <a href="#Page_173">173</a>, <a href="#Page_174">174</a>. +</p> +<p class="indx2"> +Democratic party, disliked by Henry for its French sympathies, <a href="#Page_397">397</a>;<br /> +its attempt in Congress to block Jay treaty condemned by Henry, <a href="#Page_405">405</a>;<br /> +its subserviency to France and defiance of government denounced by Henry, <a href="#Page_409">409</a>. +</p> +<p class="indx2"> +Dickinson, John, meets John Adams at first Continental Congress, <a href="#Page_105">105</a>, <a href="#Page_106">106</a>;<br /> +on committee to prepare address to the king, <a href="#Page_117">117</a>;<br /> +prepares final draft of address, <a href="#Page_118">118</a>;<br /> +thinks war inevitable, <a href="#Page_130">130</a>. +</p> +<p class="indx2"> +Dictatorship, supposed projects for in Virginia during Revolution in 1776, <a href="#Page_223">223-235</a>;<br /> +in 1781, <a href="#Page_285">285-287</a>;<br /> +real meaning of term in those years, <a href="#Page_227">227-229</a>. +</p> +<p class="indx2"> +Digges, Dudley, in Virginia convention of 1776, <a href="#Page_190">190</a>;<br /> +on committee to draft bill of rights and constitution, <a href="#Page_200">200</a>;<br /> +on committee to notify Henry of his election as governor, <a href="#Page_212">212</a>. +</p> +<p class="indx2"> +Dresser, Rev. Charles, on Henry’s religious habits, <a href="#Page_392">392</a>. +</p> +<p class="indx2"> +Duane, James, member of first Continental Congress, <a href="#Page_108">108</a>;<br /> +moves a committee to prepare regulations for voting, <a href="#Page_108">108</a>;<br /> +favors Galloway’s plan of home rule, <a href="#Page_115">115</a>;<br /> +on committee of second Continental Congress, <a href="#Page_172">172</a>. +</p> +<p class="indx2"> +Dunmore, Lord, dissolves House of Burgesses for protesting against Boston Port Bill, <a href="#Page_97">97</a>;<br /> +<span class="pgnm"><a name="Page_435" id="Page_435">[Pg 435]</a></span> +makes a campaign against Indians, <a href="#Page_131">131</a>;<br /> +reports to home government the military preparations of Virginia, <a href="#Page_133">133</a>;<br /> +sends force to seize gunpowder, <a href="#Page_156">156</a>;<br /> +alarmed at advance of Henry’s force, <a href="#Page_160">160</a>;<br /> +offers to pay for gunpowder, <a href="#Page_160">160</a>;<br /> +issues a proclamation against Henry, <a href="#Page_162">162</a>, <a href="#Page_163">163</a>;<br /> +suspected of intention to arrest him, <a href="#Page_166">166</a>;<br /> +describes to General Howe his operations against rebels, <a href="#Page_178">178</a>, <a href="#Page_179">179</a>;<br /> +his palace occupied by Henry, <a href="#Page_214">214</a>.<br /><br /> +</p> + +<p class="indx2"> +Education in Virginia, <a href="#Page_5">5</a>. +</p> +<p class="indx2"> +Ellsworth, Oliver, appointed envoy to France, <a href="#Page_412">412</a>. +</p> +<p class="indx2"> +Episcopal Church, established in Virginia, <a href="#Page_37">37</a>;<br /> +its increasing unpopularity, <a href="#Page_43">43</a>, <a href="#Page_57">57</a>;<br /> +virtually disestablished by declaration of rights, <a href="#Page_209">209</a>;<br /> +its incorporation proposed by Henry, <a href="#Page_294">294</a>;<br /> +Henry a member of, <a href="#Page_391">391</a>, <a href="#Page_392">392</a>.<br /><br /> +</p> + +<p class="indx2"> +Fauquier, Governor Francis, condemns Henry’s speech against the Stamp Act, <a href="#Page_86">86</a>. +</p> +<p class="indx2"> +Federalist party, at first viewed with suspicion by Henry, <a href="#Page_397">397</a>;<br /> +later sympathized with by him, <a href="#Page_398">398</a>, <a href="#Page_399">399</a>;<br /> +sincerity of its leaders in offering Henry office questioned by Jefferson, <a href="#Page_404">404</a>;<br /> +its folly in passing alien and sedition acts, <a href="#Page_408">408</a>. +</p> +<p class="indx2"> +Fleming, John, Henry’s assistant in introducing the Virginia Resolves, <a href="#Page_69">69</a>. +</p> +<p class="indx2"> +Fontaine, Edward, gives Roane’s description of Henry’s speech for organizing militia, <a href="#Page_146">146</a>, <a href="#Page_150">150</a>. +</p> +<p class="indx2"> +Fontaine, Mrs. Martha, with Henry in last illness, <a href="#Page_421">421</a>. +</p> +<p class="indx2"> +Fontaine, Colonel Patrick Henry, statement as to Henry’s classical training, <a href="#Page_15">15</a>;<br /> +finds his examinations rigorous, <a href="#Page_16">16</a>;<br /> +tells story of his grandfather’s conversation in Latin with a French visitor, <a href="#Page_16">16</a>, <a href="#Page_17">17</a>;<br /> +describes his grandfather’s preparation in British debts case, <a href="#Page_361">361</a>;<br /> +describes his abstemiousness, <a href="#Page_386">386</a>. +</p> +<p class="indx2"> +Ford, John, defended by Henry in a murder case, <a href="#Page_374">374</a>, <a href="#Page_375">375</a>. +</p> +<p class="indx2"> +France, alliance with desired by Henry as preliminary to declaring independence, <a href="#Page_194">194</a>, <a href="#Page_198">198</a>, <a href="#Page_199">199</a>;<br /> +discussed by Charles Lee, <a href="#Page_195">195</a>;<br /> +adherence to, advocated strongly by Henry, <a href="#Page_254">254</a>, <a href="#Page_255">255</a>;<br /> +infidelity of, combated by Henry, <a href="#Page_393">393</a>;<br /> +its quarrel with United States during Adams’s administration, <a href="#Page_407">407-412</a>;<br /> +its conduct toward Marshall, Pinckney, and Gerry condemned by Henry, <a href="#Page_409">409</a>, <a href="#Page_410">410</a>;<br /> +commission to, nominated by Adams, <a href="#Page_412">412</a>. +</p> +<p class="indx2"> +Franklin, Benjamin, on committee with Henry in second Continental Congress, <a href="#Page_174">174</a>, <a href="#Page_175">175</a>. +</p> +<p class="indx2"> +Frazer, ——, recommended to Washington by Henry, <a href="#Page_175">175</a>. +</p> +<p class="indx2"> +Free trade, advocated by Henry, <a href="#Page_291">291</a>, <a href="#Page_292">292</a>. +</p> +<p class="indx2"> +French Revolution, effect of its excesses on Henry and others, <a href="#Page_398">398</a>;<br /> +its infidelity condemned by Henry, <a href="#Page_409">409</a>.<br /><br /> +</p> + +<p class="indx2"> +Gadsden, Christopher, at Continental Congress, meets John Adams, <a href="#Page_104">104</a>, <a href="#Page_105">105</a>;<br /> +a member of Congress, <a href="#Page_108">108</a>;<br /> +in debate on manner of voting, <a href="#Page_112">112</a>;<br /> +on gunpowder committee of second Continental Congress, <a href="#Page_175">175</a>. +</p> +<p class="indx2"> +Gage, General Thomas, describes the exciting effect of the Virginia Resolves over the continent, <a href="#Page_82">82</a>. +</p> +<p class="indx2"> +Gallatin, Albert, his alleged Latin conversation with Henry, <a href="#Page_16">16</a>, <a href="#Page_17">17</a>. +</p> +<p class="indx2"> +Galloway, Joseph, meets John Adams at first Continental Congress, <a href="#Page_105">105</a>;<br /> +a member of it, <a href="#Page_108">108</a>;<br /> +offers plan of reconciliation with England, <a href="#Page_115">115</a>;<br /> +its close approach to success, <a href="#Page_115">115</a>. +</p> +<p class="indx2"> +Gardoqui, ——, Spanish envoy, negotiates with Jay respecting navigation of the Mississippi, <a href="#Page_307">307</a>, <a href="#Page_308">308</a>. +</p> +<p class="indx2"> +Gates, General Horatio, cabal to place him in supreme command, <a href="#Page_242">242</a>, <a href="#Page_250">250</a>;<br /> +praised in anonymous letter to Henry, <a href="#Page_244">244</a>;<br /> +consoled after battle of Camden by Virginia Assembly <a href="#Page_277">277</a>. +</p> +<p class="indx2"> +Genet, Edmond Charles, upheld by Jefferson and Madison, <a href="#Page_397">397</a>. +</p> +<p class="indx2"> +Gerry, Elbridge, opposes adoption of federal Constitution, <a href="#Page_330">330</a>. +</p> +<p class="indx2"> +<span class="pgnm"><a name="Page_436" id="Page_436">[Pg 436]</a></span> +Gerrymandering, employed in 1788 against Madison in Virginia, <a href="#Page_351">351</a>, <a href="#Page_352">352</a>. +</p> +<p class="indx2"> +Girardin, Louis Hue, in his continuation of Burk’s “History of Virginia,” written under Jefferson’s supervision, accuses Henry of plan to establish a dictatorship in 1776, <a href="#Page_225">225</a>;<br /> +says the same for the year 1781, <a href="#Page_285">285</a>. +</p> +<p class="indx2"> +Gordon, Rev. William, describes circulation of the Virginia resolutions in the Northern colonies, <a href="#Page_80">80</a>. +</p> +<p class="indx2"> +Grayson, William, opposes ratification of federal Constitution, <a href="#Page_320">320</a>;<br /> +assists Henry in debate, <a href="#Page_320">320</a>;<br /> +elected senator at Henry’s dictation, <a href="#Page_350">350</a>, <a href="#Page_353">353</a>. +</p> +<p class="indx2"> +Greene, General Nathanael, beaten at Guilford, <a href="#Page_278">278</a>;<br /> +considered as possible dictator in 1781, <a href="#Page_286">286</a>. +</p> +<p class="indx2"> +Griffin, Judge Cyrus, tries British debts case, <a href="#Page_362">362</a>, <a href="#Page_364">364</a>. +</p> +<p class="indx2"> +Grigsby, Hugh Blair, considers Wirt’s version of Henry’s speech for arming militia apocryphal, <a href="#Page_149">149</a>;<br /> +but admits that outline is authentic, <a href="#Page_150">150</a>;<br /> +reports statement of Clement Carrington regarding Henry’s military failings, <a href="#Page_187">187</a>;<br /> +on the injustice of Henry’s treatment, <a href="#Page_188">188</a>.<br /><br /> +</p> + +<p class="indx2"> +Hamilton, Alexander, urges magnanimous treatment of Tories, <a href="#Page_289">289</a>;<br /> +letter of Madison to, warning of Henry’s intention to defeat operation of Constitution, <a href="#Page_344">344</a>;<br /> +his financial schemes disapproved by Henry, <a href="#Page_397">397</a>. +</p> +<p class="indx2"> +Hamilton, Colonel Henry, governor of Detroit, <a href="#Page_259">259</a>. +</p> +<p class="indx2"> +Hampden-Sidney College, <a href="#Page_16">16</a>;<br /> +suspends work to hear Henry’s last speech, <a href="#Page_415">415</a>. +</p> +<p class="indx2"> +Hancock, John, his military aspirations, <a href="#Page_153">153</a>, <a href="#Page_154">154</a>;<br /> +doubtful about federal Constitution, <a href="#Page_330">330</a>. +</p> +<p class="indx2"> +Hardwicke, Lord, declares Virginia option law invalid, <a href="#Page_44">44</a>. +</p> +<p class="indx2"> +Harrison, Benjamin, on committee to remonstrate against Stamp Act, <a href="#Page_66">66</a>;<br /> +appointed delegate to Continental Congress, <a href="#Page_99">99</a>;<br /> +described by John Adams, <a href="#Page_106">106</a>;<br /> +opposes Henry’s motion in Virginia convention to organize militia, <a href="#Page_137">137</a>;<br /> +on committee to arm militia, <a href="#Page_151">151</a>;<br /> +on other committees, <a href="#Page_152">152</a>;<br /> +returns to Virginia convention, <a href="#Page_176">176</a>;<br /> +his flight from Tarleton, <a href="#Page_281">281</a>, <a href="#Page_282">282</a>;<br /> +denounces Constitution as dangerous, <a href="#Page_319">319</a>, <a href="#Page_322">322</a>;<br /> +assists Henry in debate, <a href="#Page_320">320</a>. +</p> +<p class="indx2"> +Harvey, “Butterwood Tom,” his evidence assailed by Henry in a murder trial, <a href="#Page_374">374</a>, <a href="#Page_375">375</a>. +</p> +<p class="indx2"> +Hawley, Joseph, his letter prophesying war read by John Adams to Henry, <a href="#Page_125">125</a>. +</p> +<p class="indx2"> +Henry, David, manager of “Gentleman’s Magazine,” kinsman of Henry, <a href="#Page_3">3</a>. +</p> +<p class="indx2"> +Henry, John, marries Sarah Syme, <a href="#Page_2">2</a>;<br /> +father of Patrick Henry, <a href="#Page_2">2</a>;<br /> +his education and character, <a href="#Page_2">2</a>, <a href="#Page_3">3</a>;<br /> +distinguished Scotch relatives, <a href="#Page_3">3</a>;<br /> +educates his son, <a href="#Page_6">6</a>, <a href="#Page_13">13</a>;<br /> +sets him up in trade, <a href="#Page_6">6</a>;<br /> +after his failure and marriage establishes him on a farm, <a href="#Page_7">7</a>;<br /> +hears his son’s speech in Parsons’ Cause, <a href="#Page_49">49</a>, <a href="#Page_50">50</a>. +</p> +<p class="indx42"> +Henry, Patrick, his birth, <a href="#Page_2">2</a>;<br /> +ancestry and relatives, <a href="#Page_2">2-5</a>;<br /> +education, <a href="#Page_5">5</a>, <a href="#Page_6">6</a>;<br /> +apprenticed at fifteen to a tradesman, <a href="#Page_6">6</a>;<br /> +fails in business with his brother, <a href="#Page_6">6</a>;<br /> +marries Sarah Skelton, <a href="#Page_7">7</a>;<br /> +established as planter by relative and fails, <a href="#Page_7">7</a>;<br /> +again tries store-keeping and fails, <a href="#Page_8">8</a>;<br /> +not cast down by embarrassments, <a href="#Page_8">8</a>, <a href="#Page_9">9</a>;<br /> +decides to study law, <a href="#Page_9">9</a>;<br /> +discussion of his alleged illiteracy, <a href="#Page_10">10-19</a>;<br /> +his pronunciation, <a href="#Page_10">10</a>, <a href="#Page_11">11</a>;<br /> +habits of self-depreciation, <a href="#Page_11">11</a>, <a href="#Page_12">12</a>;<br /> +his teachers, <a href="#Page_13">13</a>, <a href="#Page_15">15</a>;<br /> +knowledge of Latin and Greek, <a href="#Page_13">13</a>, <a href="#Page_15">15</a>;<br /> +mastery of language, <a href="#Page_13">13</a>;<br /> +signs of culture in his letters, <a href="#Page_14">14</a>;<br /> +anecdotes illustrating his knowledge of Latin, <a href="#Page_16">16</a>, <a href="#Page_17">17</a>;<br /> +his taste for reading, <a href="#Page_18">18</a>;<br /> +fondness for history, <a href="#Page_19">19</a>;<br /> +liking for Butler’s “Analogy” and the Bible, <a href="#Page_20">20</a>;<br /> +his natural qualifications for the law, <a href="#Page_21">21</a>;<br /> +studies law, <a href="#Page_22">22</a>;<br /> +goes to Williamsburg to be examined, <a href="#Page_22">22</a>;<br /> +Jefferson’s stories of his difficulties in passing examination, <a href="#Page_23">23</a>;<br /> +his own statement, <a href="#Page_24">24</a>, <a href="#Page_25">25</a>;<br /> +<span class="pgnm"><a name="Page_437" id="Page_437">[Pg 437]</a></span> +returns to Hanover to practice law, <a href="#Page_25">25</a>;<br /> +lives in his father-in-law’s tavern, <a href="#Page_26">26</a>;<br /> +not a “barkeeper,” <a href="#Page_26">26</a>;<br /> +not dependent on his father-in-law, <a href="#Page_27">27</a>;<br /> +stories of his lack of practice, <a href="#Page_27">27</a>;<br /> +their falsity shown by record of his numerous cases, <a href="#Page_27">27</a>, <a href="#Page_28">28</a>;<br /> +statements by Wirt and Jefferson as to his ignorance, <a href="#Page_29">29</a>, <a href="#Page_30">30</a>;<br /> +their impossibility, <a href="#Page_31">31</a>, <a href="#Page_32">32</a>, <a href="#Page_34">34</a>;<br /> +proof of technical character of his practice, <a href="#Page_32">32</a>;<br /> +his legal genius, <a href="#Page_34">34</a>;<br /> +becomes celebrated through “Parsons’ Cause,” <a href="#Page_36">36</a>;<br /> +undertakes to defend vestrymen in suit for damages, <a href="#Page_46">46</a>;<br /> +insists on acceptance of a jury of common people, <a href="#Page_47">47</a>;<br /> +description of his speech by Wirt, <a href="#Page_49">49-52</a>;<br /> +its overwhelming effect, <a href="#Page_51">51</a>, <a href="#Page_52">52</a>;<br /> +description by Maury, <a href="#Page_53">53</a>, <a href="#Page_54">54</a>;<br /> +denies royal authority to annul colonial laws, <a href="#Page_54">54</a>;<br /> +apologizes to Maury, <a href="#Page_55">55</a>, <a href="#Page_57">57</a>;<br /> +not really an enemy of the clergy, <a href="#Page_56">56</a>, <a href="#Page_57">57</a>;<br /> +his geniality, <a href="#Page_58">58</a>;<br /> +popularity with the masses in Virginia, <a href="#Page_59">59</a>;<br /> +gains great reputation and increased practice, <a href="#Page_60">60</a>;<br /> +goes to Williamsburg as counsel in contested election case, <a href="#Page_60">60</a>;<br /> +despised by committee on account of appearance, <a href="#Page_61">61</a>;<br /> +his speech, <a href="#Page_61">61</a>. +</p> +<p class="indx4"><i>Member of Virginia Legislature.</i><br /> +Elected representative from Louisa County, <a href="#Page_62">62</a>;<br /> +attacks in his first speech a project for a corrupt loan office, <a href="#Page_64">64</a>;<br /> +introduces resolutions against Stamp Act, <a href="#Page_69">69</a>;<br /> +his fiery speeches in their behalf, <a href="#Page_72">72</a>, <a href="#Page_73">73</a>;<br /> +after their passage leaves for home, <a href="#Page_74">74</a>;<br /> +neglects to preserve records of his career, <a href="#Page_77">77</a>;<br /> +the exception his care to record authorship of Virginia resolutions, <a href="#Page_78">78</a>;<br /> +leaves a sealed account together with his will, <a href="#Page_83">83</a>, <a href="#Page_84">84</a>, <a href="#Page_85">85</a>;<br /> +doubts as to his authorship, <a href="#Page_84">84</a>, <a href="#Footnote-83">note</a>;<br /> +condemned in Virginia by the officials, <a href="#Page_86">86</a>;<br /> +denounced by Governor Fauquier, <a href="#Page_86">86</a>;<br /> +and by Commissary Robinson, <a href="#Page_86">86</a>, <a href="#Page_87">87</a>;<br /> +begins to be known in other colonies, <a href="#Page_88">88</a>;<br /> +gains immediate popularity in Virginia, <a href="#Page_88">88</a>, <a href="#Page_89">89</a>;<br /> +becomes political leader, <a href="#Page_90">90</a>;<br /> +his large law practice, <a href="#Page_91">91</a>, <a href="#Page_92">92</a>;<br /> +buys an estate, <a href="#Page_91">91</a>;<br /> +his great success in admiralty case, <a href="#Page_93">93</a>;<br /> +succeeds to practice of R. C. Nicholas, <a href="#Page_93">93</a>, <a href="#Page_94">94</a>;<br /> +evidence of high legal attainments, <a href="#Page_94">94</a>;<br /> +leads radical party in politics, <a href="#Page_95">95</a>;<br /> +his great activity, <a href="#Page_96">96</a>;<br /> +member of Committee of Correspondence, <a href="#Page_96">96</a>;<br /> +leads deliberations of Burgesses over Boston Port Bill, <a href="#Page_98">98</a>;<br /> +appointed delegate to Continental Congress, <a href="#Page_99">99</a>;<br /> +member of convention of county delegates, <a href="#Page_100">100</a>. +</p> +<p class="indx4"><i>Member of Continental Congress.</i><br /> +His journey to Philadelphia, <a href="#Page_100">100</a>, <a href="#Page_101">101</a>;<br /> +his oratory heralded by associates, <a href="#Page_101">101</a>;<br /> +described by Atkinson, <a href="#Page_102">102</a>;<br /> +speaks in favor of committee to settle method of voting, <a href="#Page_110">110</a>;<br /> +protests against small colonies having equal vote with large, <a href="#Page_111">111</a>;<br /> +urges that old constitutions are abolished, <a href="#Page_112">112</a>;<br /> +wishes proportional representation, excluding slaves, <a href="#Page_112">112</a>;<br /> +his speech not that of a mere rhetorician, <a href="#Page_113">113</a>, <a href="#Page_114">114</a>;<br /> +on committee on colonial trade and manufactures, <a href="#Page_114">114</a>;<br /> +opposes Galloway’s plan, <a href="#Page_116">116</a>;<br /> +expects war, <a href="#Page_116">116</a>;<br /> +wishes non-intercourse postponed, <a href="#Page_117">117</a>;<br /> +on committee to prepare address to the king, <a href="#Page_117">117</a>;<br /> +his share in its composition, <a href="#Page_117">117</a>, <a href="#Page_118">118</a>;<br /> +on committee to declare rights of colonies, <a href="#Page_118">118</a>;<br /> +his practical ability not so extraordinary as his oratory, <a href="#Page_119">119</a>;<br /> +misrepresented as a mere declaimer, <a href="#Page_120">120</a>;<br /> +mythical account by Wirt of an impressive speech, <a href="#Page_120">120-121</a>;<br /> +asserted also to be author of rejected draft of address to the king, <a href="#Page_122">122</a>;<br /> +and to be cast in the shade by more practical men, <a href="#Page_122">122</a>;<br /> +this passage a slander due to Jefferson, <a href="#Page_123">123</a>;<br /> +not considered a mere talker by associates, <a href="#Page_124">124</a>;<br /> +high tribute to his practical ability by John Adams, <a href="#Page_124">124</a>, <a href="#Page_125">125</a>;<br /> +agrees with Adams that war must come, <a href="#Page_125">125</a>;<br /> +allusion of his mother to him in 1774, <a href="#Page_126">126</a>;<br /> +fame of his speech for arming Virginia militia, <a href="#Page_128">128</a>;<br /> +danger of an overestimate, <a href="#Page_129">129</a>;<br /> +in Virginia convention offers resolutions to prepare for war, <a href="#Page_134">134</a>;<br /> +opposed by his political rivals, <a href="#Page_137">137</a>;<br /> +<span class="pgnm"><a name="Page_438" id="Page_438">[Pg 438]</a></span> +and by all who dreaded an open rupture, <a href="#Page_138">138</a>, <a href="#Page_139">139</a>;<br /> +his speech, <a href="#Page_140">140-145</a>;<br /> +description of Henry’s manner by St. George Tucker, <a href="#Page_143">143</a>;<br /> +by Randall, <a href="#Page_146">146</a>;<br /> +by John Roane, <a href="#Page_146">146-149</a>;<br /> +question as to its authenticity, <a href="#Page_149">149-151</a>;<br /> +chairman of committee for arming militia, <a href="#Page_151">151</a>;<br /> +also on committees on public lands and on encouragement of manufactures, <a href="#Page_151">151</a>, <a href="#Page_152">152</a>;<br /> +his possible expectations of a military career, <a href="#Page_155">155</a>;<br /> +summary of his military beginnings, <a href="#Page_155">155</a>, <a href="#Page_156">156</a>;<br /> +disgusted at failure of militia to resist Governor Dunmore’s seizure of gunpowder, <a href="#Page_158">158</a>;<br /> +wishes to emphasize situation by defying governor, <a href="#Page_158">158</a>;<br /> +rallies county militia and marches against him, <a href="#Page_159">159</a>;<br /> +receives protests from conservatives, <a href="#Page_160">160</a>;<br /> +reinforced by thousands, <a href="#Page_160">160</a>;<br /> +secures money compensation for gunpowder, <a href="#Page_160">160</a>;<br /> +gives receipt for it, <a href="#Page_161">161</a>;<br /> +offers to protect colonial treasurer, <a href="#Page_161">161</a>;<br /> +rebuffed by him, <a href="#Page_162">162</a>;<br /> +denounced in proclamation by Dunmore, <a href="#Page_162">162</a>, <a href="#Page_163">163</a>;<br /> +condemned by conservatives, <a href="#Page_164">164</a>;<br /> +thanked and applauded by county conventions, <a href="#Page_164">164-166</a>;<br /> +returns to Continental Congress, <a href="#Page_166">166</a>;<br /> +escorted by volunteer guard, <a href="#Page_167">167</a>;<br /> +said by Jefferson to have been insignificant in Congress, <a href="#Page_168">168</a>, <a href="#Page_169">169</a>;<br /> +falsity of his assertions, <a href="#Page_169">169</a>, <a href="#Page_170">170</a>;<br /> +their lack of probability, <a href="#Page_171">171</a>;<br /> +his activity proved by records of Congress, <a href="#Page_172">172-175</a>;<br /> +interested in Indian relations, <a href="#Page_172">172</a>;<br /> +on committees requiring business intelligence, <a href="#Page_172">172</a>, <a href="#Page_173">173</a>;<br /> +commissioner to treat with Indians, <a href="#Page_174">174</a>;<br /> +on committee to secure lead and salt, <a href="#Page_174">174</a>;<br /> +asks Washington to let a Virginian serve in army for sake of acquiring military training, <a href="#Page_175">175</a>;<br /> +returns to Virginia, <a href="#Page_176">176</a>. +</p> +<p class="indx4"><i>Political Leader in Virginia.</i><br /> +Resumes services in Virginia convention, <a href="#Page_176">176</a>;<br /> +purchases powder for colony, <a href="#Page_176">176</a>;<br /> +thanked by convention, <a href="#Page_176">176</a>;<br /> +appointed commander-in-chief of Virginia forces, <a href="#Page_177">177</a>;<br /> +his authority limited by convention and Committee of Safety, <a href="#Page_177">177</a>;<br /> +organizes troops, <a href="#Page_178">178</a>;<br /> +not permitted to lead attack on Dunmore, <a href="#Page_180">180</a>;<br /> +ignored by nominal subordinates, <a href="#Page_180">180</a>;<br /> +practically superseded by Colonel Howe of North Carolina, <a href="#Page_180">180</a>;<br /> +appointed colonel of a Virginia regiment, <a href="#Page_181">181</a>;<br /> +resigns, <a href="#Page_181">181</a>;<br /> +indignation of his officers and soldiers, <a href="#Page_181">181-182</a>;<br /> +persuades soldiers not to mutiny, <a href="#Page_183">183</a>;<br /> +again receives an address from officers of his own and other regiments, <a href="#Page_183">183</a>, <a href="#Page_184">184</a>;<br /> +his military ability doubted by Committee of Safety, <a href="#Page_185">185</a>;<br /> +by Washington and others, <a href="#Page_186">186</a>;<br /> +lack of definiteness in criticisms, <a href="#Page_186">186</a>;<br /> +real defect seems to have been lack of discipline, <a href="#Page_187">187</a>;<br /> +never given a real chance to show his abilities, <a href="#Page_188">188</a>;<br /> +saddened by wife’s death, <a href="#Page_189">189</a>;<br /> +reëlected to Virginia convention, <a href="#Page_190">190</a>;<br /> +his followers oppose Pendleton for president, <a href="#Page_191">191</a>;<br /> +serves on all important committees, <a href="#Page_192">192</a>, <a href="#Page_193">193</a>;<br /> +presents numerous reports, <a href="#Page_193">193</a>;<br /> +eager for independence, <a href="#Page_193">193</a>;<br /> +but wishes first a colonial union and a foreign alliance, <a href="#Page_194">194</a>;<br /> +letter of Charles Lee to, on the subject, <a href="#Page_194">194-196</a>;<br /> +influences convention to instruct delegates to advocate all three things, <a href="#Page_197">197</a>;<br /> +advocates colonial union and French alliance in letters to Lee and Adams, <a href="#Page_198">198</a>;<br /> +willing to offer free trade, <a href="#Page_199">199</a>;<br /> +on committee to draft declaration of rights and plan of government, <a href="#Page_200">200</a>;<br /> +leads party advocating a democratic constitution, <a href="#Page_201">201</a>;<br /> +complains of lack of assistance, <a href="#Page_203">203</a>;<br /> +fears aristocratic tendencies of committee, <a href="#Page_203">203</a>, <a href="#Page_204">204-206</a>;<br /> +thanks John Adams for his pamphlet, <a href="#Page_205">205</a>;<br /> +hearty letter of Adams in reply, <a href="#Page_206">206</a>, <a href="#Page_207">207</a>;<br /> +writes fifteenth and sixteenth articles of Virginia bill of rights, <a href="#Page_208">208</a>;<br /> +elected governor of State, <a href="#Page_211">211</a>;<br /> +his letter of acceptance, <a href="#Page_212">212-213</a>;<br /> +takes oath of office and occupies Dunmore’s palace, <a href="#Page_214">214</a>;<br /> +congratulated by his old troops, <a href="#Page_214">214</a>, <a href="#Page_215">215</a>;<br /> +by Charles Lee, <a href="#Page_215">215</a>;<br /> +by the Baptists of Virginia, <a href="#Page_216">216</a>, <a href="#Page_217">217</a>;<br /> +his reply to the latter, <a href="#Page_217">217</a>;<br /> +<span class="pgnm"><a name="Page_439" id="Page_439">[Pg 439]</a></span> +suffers from illness, <a href="#Page_218">218</a>;<br /> +moves family from Hanover to Williamsburg, <a href="#Page_219">219</a>;<br /> +seeks to maintain dignity of office, <a href="#Page_219">219</a>, <a href="#Page_220">220</a>;<br /> +continues in ill-health but resumes duties of office, <a href="#Page_220">220</a>;<br /> +receives letter from Washington advising preparations for defense, <a href="#Page_221">221</a>;<br /> +his activity in military preparations, <a href="#Page_222">222</a>;<br /> +sneered at by his enemies, <a href="#Page_222">222</a>, <a href="#Page_223">223</a>;<br /> +alleged by Jefferson to have planned a “dictatorship,” <a href="#Page_223">223-225</a>;<br /> +doubted by Wirt, <a href="#Page_226">226</a>;<br /> +real meaning of the term at that time only extraordinary power, <a href="#Page_227">227-229</a>;<br /> +authorized by legislature in 1776 to exercise military powers in emergency, <a href="#Page_231">231</a>, <a href="#Page_232">232</a>;<br /> +utter baselessness of Jefferson’s charges against, <a href="#Page_233">233</a>;<br /> +has continued confidence of Assembly, <a href="#Page_234">234</a>;<br /> +reëlected governor, <a href="#Page_234">234</a>;<br /> +issues proclamation urging Virginians to volunteer, <a href="#Page_235">235</a>;<br /> +labors to keep Virginia troops in field, <a href="#Page_236">236</a>;<br /> +sends a secret messenger to Washington for exact information, <a href="#Page_236">236</a>;<br /> +explains to Washington the difficulties of raising troops in Virginia, <a href="#Page_237">237</a>, <a href="#Page_238">238</a>;<br /> +second letter accepting governorship, <a href="#Page_239">239</a>;<br /> +marries Dorothea Dandridge, <a href="#Page_241">241</a>;<br /> +his labors in trying to furnish supplies, <a href="#Page_241">241</a>;<br /> +great official correspondence, <a href="#Page_241">241</a>, <a href="#Page_242">242</a>;<br /> +his aid desired by Conway cabal, <a href="#Page_243">243</a>;<br /> +receives an anonymous letter against Washington, <a href="#Page_243">243-245</a>;<br /> +sends it to Washington with a warning, <a href="#Page_245">245</a>, <a href="#Page_246">246</a>;<br /> +sends second letter assuring him of his confidence, <a href="#Page_247">247</a>;<br /> +replies of Washington to, <a href="#Page_248">248-250</a>;<br /> +his strong friendship with Washington, <a href="#Page_251">251</a>, <a href="#Page_252">252</a>;<br /> +its significance in his later career, <a href="#Page_251">251</a>;<br /> +warns R. H. Lee of prejudices against him in Virginia, <a href="#Page_252">252</a>, <a href="#Page_253">253</a>;<br /> +despairs of public spirit in Virginia, <a href="#Page_254">254</a>;<br /> +urges adherence to French alliance and rejection of North’s peace offers, <a href="#Page_255">255</a>;<br /> +twice receives extraordinary powers in 1777, <a href="#Page_256">256</a>;<br /> +reëlected to a third term, <a href="#Page_256">256</a>; his reply, <a href="#Page_256">256</a>;<br /> +reports the success of George R. Clark’s expedition, <a href="#Page_258">258-260</a>;<br /> +again receives extraordinary powers, <a href="#Page_260">260</a>;<br /> +writes to president of Congress concerning military situation, <a href="#Page_260">260-262</a>;<br /> +foresees shifting of British attack to Virginia, <a href="#Page_262">262</a>;<br /> +reports situation to Washington, <a href="#Page_263">263</a>;<br /> +reports Matthews’s raid to Congress, <a href="#Page_264">264-267</a>;<br /> +issues a proclamation to warn State, <a href="#Page_266">266</a>;<br /> +declines reëlection on ground of unconstitutionality, <a href="#Page_268">268</a>;<br /> +complimented by General Assembly, his reply, <a href="#Page_268">268</a>;<br /> +his administration sneered at by Tucker, <a href="#Page_269">269</a>;<br /> +complimented by Washington, <a href="#Page_269">269</a>, <a href="#Page_270">270</a>;<br /> +declines election to Congress, <a href="#Page_271">271</a>;<br /> +retires to his estate, Leatherwood, <a href="#Page_272">272</a>;<br /> +remains in retirement a year, <a href="#Page_272">272</a>;<br /> +writes despondent letter to Jefferson, <a href="#Page_273">273-275</a>;<br /> +chosen to General Assembly, <a href="#Page_275">275</a>;<br /> +at once assumes leadership, <a href="#Page_275">275</a>;<br /> +overwhelmed by committee work, <a href="#Page_276">276</a>;<br /> +again in later session, <a href="#Page_276">276-278</a>;<br /> +introduces resolutions to console Gates after Camden, <a href="#Page_277">277</a>;<br /> +introduces resolution authorizing governor to convene legislature elsewhere in case of invasion, <a href="#Page_278">278</a>;<br /> +his flight with legislature from Tarleton’s raid, <a href="#Page_281">281</a>;<br /> +ludicrous anecdotes of popular surprise at his flight, <a href="#Page_282">282-284</a>;<br /> +said by Jefferson to have been again considered for a dictatorship, <a href="#Page_285">285</a>;<br /> +contrary evidence, <a href="#Page_286">286</a>, <a href="#Page_287">287</a>;<br /> +his further labors in sessions of 1782, 1783, 1784, <a href="#Page_287">287</a>;<br /> +again elected governor, <a href="#Page_288">288</a>;<br /> +difficulty of estimating his labors in legislature, <a href="#Page_288">288</a>;<br /> +favors rescinding of measures against Tories after war, <a href="#Page_289">289</a>;<br /> +his speech in their behalf, <a href="#Page_290">290</a>, <a href="#Page_291">291</a>;<br /> +urges economic benefits of their return, <a href="#Page_291">291</a>;<br /> +presents bill repealing acts against British goods, <a href="#Page_292">292</a>;<br /> +advocates free trade, <a href="#Page_292">292</a>;<br /> +wishes to solve Indian problem by encouraging intermarriage, <a href="#Page_292">292</a>, <a href="#Page_293">293</a>;<br /> +almost succeeds in carrying bill to that effect, <a href="#Page_293">293</a>;<br /> +antagonizes popular opinion in the foregoing projects, and also in religious liberality, <a href="#Page_294">294</a>;<br /> +his amazing mastery over the House, <a href="#Page_294">294</a>, <a href="#Page_295">295</a>;<br /> +<span class="pgnm"><a name="Page_440" id="Page_440">[Pg 440]</a></span> +his appearance in legislature described by Roane, <a href="#Page_295">295-297</a>;<br /> +more practical than Madison, <a href="#Page_296">296</a>;<br /> +superior to Madison and Lee in debate, <a href="#Page_296">296</a>;<br /> +death of his mother, <a href="#Page_299">299</a>;<br /> +brings his family from Leatherwood to Salisbury, <a href="#Page_299">299</a>;<br /> +his showy style of living, <a href="#Page_300">300</a>;<br /> +letter to Washington, <a href="#Page_301">301</a>;<br /> +urges him to accept shares in James and Potomac navigation companies, <a href="#Page_302">302</a>;<br /> +declines a third term and retires, <a href="#Page_302">302</a>;<br /> +publicly thanked by delegates, <a href="#Page_302">302</a>;<br /> +resumes practice of law in Prince Edward County, <a href="#Page_303">303</a>;<br /> +returns to Assembly until 1790, <a href="#Page_303">303</a>;<br /> +continues popular leader, <a href="#Page_303">303</a>. +</p> +<p class="indx4"><i>Opponent of the Federal Constitution.</i><br /> +His relation to the Constitution not understood, <a href="#Page_298">298</a>;<br /> +not an extreme advocate of state rights, <a href="#Page_303">303</a>;<br /> +an early advocate of a central authority, <a href="#Page_304">304</a>;<br /> +supports in the main the policy of strengthening the federal government, <a href="#Page_305">305</a>;<br /> +proposes to Madison to “invigorate” the government, <a href="#Page_305">305</a>;<br /> +considered by Madison a “champion of the federal cause” until 1787, <a href="#Page_306">306</a>;<br /> +learns of Jay’s offer to surrender navigation of Mississippi, <a href="#Page_307">307</a>;<br /> +elected a delegate to the federal convention, <a href="#Page_309">309</a>;<br /> +refuses, because of the Mississippi scheme, to attend, <a href="#Page_310">310</a>, <a href="#Page_311">311</a>;<br /> +anxiety over his refusal, <a href="#Page_311">311</a>, <a href="#Page_312">312</a>;<br /> +receives appeal from Washington in behalf of Constitution, <a href="#Page_313">313</a>;<br /> +replies stating his disapproval, <a href="#Page_313">313</a>;<br /> +fears expressed that he would prevent calling of a state convention, <a href="#Page_314">314</a>;<br /> +but considers one necessary, <a href="#Page_315">315</a>;<br /> +labors to turn public opinion against the Constitution, <a href="#Page_315">315</a>, <a href="#Page_316">316</a>;<br /> +said to favor disunion, <a href="#Page_317">317</a>;<br /> +his political methods censured by President Smith, <a href="#Page_317">317</a>;<br /> +leads opposition to Constitution in the convention, <a href="#Page_320">320</a>;<br /> +his great activity in debate, <a href="#Page_321">321</a>;<br /> +great ability of his arguments, <a href="#Page_321">321</a>;<br /> +not, in the convention at least, a disunionist, <a href="#Page_322">322</a>, <a href="#Page_323">323</a>;<br /> +willing to admit defects in Confederation, <a href="#Page_323">323</a>;<br /> +objects that a new Constitution was beyond powers of federal convention, <a href="#Page_324">324</a>;<br /> +further holds that state sovereignty is threatened, <a href="#Page_324">324</a>;<br /> +objects that the individual is protected by no bill of rights, <a href="#Page_325">325</a>, <a href="#Page_326">326</a>;<br /> +dreads implied powers, <a href="#Page_327">327</a>;<br /> +criticises the proposed government, <a href="#Page_327">327</a>;<br /> +considers the executive dangerous, <a href="#Page_328">328</a>, <a href="#Page_329">329</a>;<br /> +fears danger to popular liberties, <a href="#Page_329">329</a>;<br /> +wishes to submit matter to a new convention, <a href="#Page_330">330</a>;<br /> +failing that, wishes it postponed until a bill of rights be added, <a href="#Page_331">331</a>;<br /> +foreseeing defeat, he promises submission to majority, <a href="#Page_332">332</a>;<br /> +effectiveness of his eloquence, <a href="#Page_333">333</a>, <a href="#Page_334">334</a>;<br /> +his unwillingness to debate regularly, <a href="#Page_334">334</a>;<br /> +provokes Randolph into accusing him of unparliamentary behavior, <a href="#Page_335">335</a>;<br /> +taunted by Stephen and others as a mere declaimer, <a href="#Page_335">335</a>;<br /> +the variety and effectiveness of his arguments, <a href="#Page_335">335</a>, <a href="#Page_336">336</a>;<br /> +episode of his speech in the thunder-storm, <a href="#Page_336">336-338</a>;<br /> +fears amendments cannot be adopted, <a href="#Page_341">341</a>;<br /> +begins a campaign for them, <a href="#Page_341">341</a>, <a href="#Page_342">342</a>;<br /> +urges formation of societies to agitate for a bill of rights, <a href="#Page_342">342</a>, <a href="#Page_343">343</a>;<br /> +suspected by Madison of purpose to revoke ratification or block action of Congress, <a href="#Page_343">343</a>, <a href="#Page_344">344</a>;<br /> +satisfaction produced by his announcement of submission, <a href="#Page_344">344</a>;<br /> +enters with zeal into plan for a second convention, <a href="#Page_345">345</a>;<br /> +gains complete control of Virginia Assembly, <a href="#Page_346">346</a>;<br /> +causes passage of resolutions asking Congress to call a national convention, <a href="#Page_346">346</a>;<br /> +threatens to fight government unless amendments are adopted, <a href="#Page_347">347</a>;<br /> +condemned bitterly by Federalists, <a href="#Page_347">347</a>;<br /> +wishes to control Virginia delegation to Congress, <a href="#Page_350">350</a>;<br /> +prevents choice of Madison and dictates election of R. H. Lee and Grayson as senators, <a href="#Page_350">350</a>;<br /> +his followers gerrymander the congressional districts, <a href="#Page_351">351</a>;<br /> +retires from the legislature, <a href="#Page_352">352</a>;<br /> +bitter comments on his action, <a href="#Page_353">353</a>;<br /> +fails to prevent election of Madison, <a href="#Page_354">354</a>;<br /> +probable effect of his action in leading Congress itself to propose amendments, <a href="#Page_355">355</a>;<br /> +<span class="pgnm"><a name="Page_441" id="Page_441">[Pg 441]</a></span> +virtual success of his policy, <a href="#Page_355">355</a>, <a href="#Page_356">356</a>. +</p> +<p class="indx4"><i>In Retirement.</i><br /> +Resumes practice of law, <a href="#Page_357">357</a>;<br /> +driven to it by debt, <a href="#Page_357">357</a>, <a href="#Page_358">358</a>;<br /> +prematurely old at fifty, <a href="#Page_358">358</a>;<br /> +in eight years succeeds in gaining wealth enough to retire, <a href="#Page_358">358</a>;<br /> +great demand for his services, <a href="#Page_359">359</a>;<br /> +his part in the British debts case, <a href="#Page_359">359-367</a>;<br /> +associated with Marshall, Campbell, and Innes, <a href="#Page_360">360</a>;<br /> +his laborious preparations for the trial, <a href="#Page_361">361</a>;<br /> +masters subject completely, <a href="#Page_362">362</a>;<br /> +description of his plea before the district court, <a href="#Page_363">363</a>;<br /> +description of his second plea in same case, 1793, <a href="#Page_364">364-366</a>;<br /> +complimented by Justice Iredell for ability of argument, <a href="#Page_366">366</a>, <a href="#Page_367">367</a>;<br /> +his even greater effectiveness in criminal cases, <a href="#Page_367">367</a>;<br /> +analysis by Wirt of his methods, <a href="#Page_368">368</a>;<br /> +another description of his eloquence by A. Alexander, <a href="#Page_369">369-371</a>;<br /> +description by Alexander of his part in a murder case, <a href="#Page_371">371-375</a>;<br /> +another murder case described by Roane, <a href="#Page_375">375-378</a>;<br /> +also his ability in the comic line, <a href="#Page_377">377</a>;<br /> +description of his powers in another murder trial by Conrad Speece, <a href="#Page_378">378-381</a>;<br /> +retires permanently in 1794, <a href="#Page_382">382</a>;<br /> +lives at Long Island, and eventually settles at Red Hill, <a href="#Page_382">382</a>;<br /> +his successful investments, <a href="#Page_383">383</a>;<br /> +not rich through dishonorable means as suggested by Jefferson, <a href="#Page_383">383</a>;<br /> +his life at Red Hill, <a href="#Page_384">384-395</a>;<br /> +happy relations with his family, <a href="#Page_384">384</a>;<br /> +calmness of temper, <a href="#Page_385">385</a>;<br /> +unruffled by scurrilous attacks, <a href="#Page_385">385</a>, <a href="#Page_386">386</a>;<br /> +his advocacy of temperance, <a href="#Page_386">386</a>;<br /> +tries to introduce a substitute for wine, <a href="#Page_386">386</a>;<br /> +his dislike of tobacco, <a href="#Page_387">387</a>;<br /> +his elocutionary manner of directing negroes in the morning, <a href="#Page_387">387</a>;<br /> +his ownership of slaves and dislike of slavery, <a href="#Page_388">388</a>;<br /> +advocates emancipation, <a href="#Page_389">389</a>;<br /> +his hospitality, <a href="#Page_389">389</a>;<br /> +his modesty, <a href="#Page_390">390</a>;<br /> +tendency to plume himself on wealth, <a href="#Page_390">390</a>;<br /> +assists in education of children, <a href="#Page_391">391</a>;<br /> +his enjoyment of religious writings and sacred music, <a href="#Page_391">391</a>;<br /> +his religious character and habits, <a href="#Page_391">391</a>;<br /> +a member of the Episcopal Church, <a href="#Page_392">392</a>;<br /> +his anger at being called an infidel, <a href="#Page_392">392</a>;<br /> +alarmed at French skepticism, <a href="#Page_393">393</a>;<br /> +causes Butler’s “Analogy” and other books to be distributed, <a href="#Page_394">394</a>;<br /> +writes a reply to Paine’s “Age of Reason,” but causes it to be destroyed, <a href="#Page_394">394</a>, <a href="#Page_395">395</a>;<br /> +inserts an affirmation of his faith in his will, <a href="#Page_395">395</a>;<br /> +continues to take interest in current events, <a href="#Page_395">395</a>;<br /> +satisfied with the Constitution after the ten amendments, <a href="#Page_396">396</a>;<br /> +but finds it hard to approve at once the Federalist government, <a href="#Page_397">397</a>;<br /> +dislikes Hamilton’s financial measures, <a href="#Page_397">397</a>;<br /> +gradually drawn toward Federalists and away from Jeffersonians, <a href="#Page_398">398</a>;<br /> +testimony of Iredell to his liberality, <a href="#Page_398">398</a>;<br /> +declines appointment as United States senator, <a href="#Page_398">398</a>;<br /> +believes that Washington considers him an enemy, <a href="#Page_399">399</a>;<br /> +reconciled to Washington by Henry Lee, <a href="#Page_399">399</a>;<br /> +his letter to Lee, <a href="#Page_400">400</a>, <a href="#Page_401">401</a>;<br /> +dislikes democratic societies, <a href="#Page_401">401</a>;<br /> +offered position as secretary of state, <a href="#Page_402">402</a>;<br /> +declines it, <a href="#Page_402">402</a>;<br /> +receives from Washington through Lee an offer of chief justiceship, <a href="#Page_402">402</a>, <a href="#Page_403">403</a>;<br /> +Washington’s anxiety for his acceptance, <a href="#Page_403">403</a>;<br /> +declines it, <a href="#Page_404">404</a>; considered by Federalists for vice-presidency, <a href="#Page_404">404</a>;<br /> +sneered at by Jefferson, <a href="#Page_404">404</a>;<br /> +denies that he has changed opinions, <a href="#Page_405">405</a>;<br /> +dislikes Jay treaty, but condemns attempt of House to participate in treaty power, <a href="#Page_405">405</a>;<br /> +elected governor of Virginia, declines, <a href="#Page_406">406</a>;<br /> +asked to express his opinion on political situation in 1799, <a href="#Page_408">408</a>;<br /> +believes that Jefferson’s party plans disunion, <a href="#Page_409">409</a>;<br /> +alarmed at French Revolution, <a href="#Page_409">409</a>;<br /> +especially at infidelity, <a href="#Page_410">410</a>;<br /> +compliments Marshall’s bearing in France, and wishes his election to Congress, <a href="#Page_410">410</a>, <a href="#Page_411">411</a>;<br /> +urges American national feeling, <a href="#Page_410">410</a>;<br /> +declines Adams’s nomination as minister to France, <a href="#Page_412">412</a>;<br /> +but expresses his sympathy with him, <a href="#Page_412">412</a>;<br /> +appealed to by Washington to come forward against the Democrats, <a href="#Page_413">413</a>, <a href="#Page_414">414</a>;<br /> +comes out from retirement as candidate for legislature, <a href="#Page_415">415</a>;<br /> +great public interest, <a href="#Page_415">415</a>;<br /> +<span class="pgnm"><a name="Page_442" id="Page_442">[Pg 442]</a></span> +description of his last speech, <a href="#Page_416">416-419</a>;<br /> +dissuades from resistance to the government, <a href="#Page_417">417</a>;<br /> +denies the power of a State to decide on federal laws, <a href="#Page_418">418</a>;<br /> +urges harmony and use of constitutional means of redress, <a href="#Page_418">418</a>, <a href="#Page_419">419</a>;<br /> +his meeting with John Randolph, <a href="#Page_420">420</a>;<br /> +elected by a great majority, <a href="#Page_420">420</a>;<br /> +returns home, <a href="#Page_421">421</a>;<br /> +his last illness and death, <a href="#Page_421">421-423</a>. +</p> +<p class="indx4"><i>Characteristics.</i><br /> +Absence of self-consciousness, <a href="#Page_77">77</a>;<br /> +abstemiousness, <a href="#Page_386">386</a>, <a href="#Page_387">387</a>;<br /> +audacity, <a href="#Page_64">64</a>, <a href="#Page_69">69</a>, <a href="#Page_294">294</a>;<br /> +business inefficiency, <a href="#Page_6">6</a>, <a href="#Page_7">7</a>, <a href="#Page_8">8</a>, <a href="#Page_388">388</a>;<br /> +early fondness for the woods, <a href="#Page_5">5</a>, <a href="#Page_29">29</a>, <a href="#Page_30">30</a>;<br /> +education, <a href="#Page_6">6</a>, <a href="#Page_10">10</a>, <a href="#Page_13">13-17</a>, <a href="#Page_122">122</a>;<br /> +eloquence, <a href="#Page_48">48-52</a>, <a href="#Page_61">61</a>, <a href="#Page_64">64</a>, <a href="#Page_72">72</a>, <a href="#Page_93">93</a>, <a href="#Page_98">98</a>, <a href="#Page_115">115</a>, <a href="#Page_128">128</a>, <a href="#Page_140">140-151</a>, <a href="#Page_159">159</a>, <a href="#Page_295">295</a>, <a href="#Page_297">297</a>, <a href="#Page_333">333-338</a>, <a href="#Page_363">363</a>, <a href="#Page_365">365</a>, <a href="#Page_368">368-381</a>, <a href="#Page_418">418</a>;<br /> +friendships, <a href="#Page_251">251</a>, <a href="#Page_252">252</a>, <a href="#Page_273">273</a>, <a href="#Page_399">399</a>;<br /> +geniality and kindliness, <a href="#Page_57">57</a>, <a href="#Page_58">58</a>, <a href="#Page_117">117</a>, <a href="#Page_220">220</a>, <a href="#Page_277">277</a>, <a href="#Page_332">332</a>, <a href="#Page_385">385</a>, <a href="#Page_398">398</a>, <a href="#Page_399">399-401</a>;<br /> +high spirits, <a href="#Page_8">8</a>, <a href="#Page_9">9</a>, <a href="#Page_18">18</a>, <a href="#Page_76">76</a>;<br /> +honor, <a href="#Page_245">245</a>, <a href="#Page_251">251</a>;<br /> +indolence in youth, <a href="#Page_5">5</a>, <a href="#Page_6">6</a>, <a href="#Page_29">29</a>;<br /> +influence with the people, <a href="#Page_59">59</a>, <a href="#Page_60">60</a>, <a href="#Page_88">88</a>, <a href="#Page_89">89</a>, <a href="#Page_102">102</a>, <a href="#Page_160">160</a>, <a href="#Page_164">164-167</a>, <a href="#Page_181">181-184</a>, <a href="#Page_282">282-284</a>, <a href="#Page_316">316</a>, <a href="#Page_346">346</a>, <a href="#Page_415">415</a>, <a href="#Page_420">420</a>;<br /> +keenness and quickness, <a href="#Page_21">21</a>, <a href="#Page_33">33</a>, <a href="#Page_34">34</a>;<br /> +legal ability, <a href="#Page_24">24</a>, <a href="#Page_25">25</a>, <a href="#Page_29">29</a>, <a href="#Page_33">33</a>, <a href="#Page_92">92</a>, <a href="#Page_93">93</a>, <a href="#Page_94">94</a>, <a href="#Page_359">359-381</a>;<br /> +military ability, <a href="#Page_155">155</a>, <a href="#Page_185">185-188</a>;<br /> +modesty, <a href="#Page_212">212</a>, <a href="#Page_239">239</a>;<br /> +not a mere declaimer, <a href="#Page_98">98</a>, <a href="#Page_113">113</a>, <a href="#Page_119">119-125</a>, <a href="#Page_169">169</a>, <a href="#Page_321">321</a>;<br /> +personal appearance, <a href="#Page_220">220</a>, <a href="#Page_296">296</a>, <a href="#Page_300">300</a>, <a href="#Page_364">364</a>, <a href="#Page_416">416</a>;<br /> +political sense, <a href="#Page_109">109</a>, <a href="#Page_110">110</a>, <a href="#Page_117">117</a>, <a href="#Page_124">124</a>, <a href="#Page_125">125</a>, <a href="#Page_158">158</a>, <a href="#Page_195">195</a>, <a href="#Page_245">245</a>, <a href="#Page_258">258</a>, <a href="#Page_289">289-291</a>;<br /> +practical ability, <a href="#Page_30">30</a>, <a href="#Page_172">172-175</a>, <a href="#Page_192">192-193</a>, <a href="#Page_241">241</a>, <a href="#Page_242">242</a>, <a href="#Page_260">260-270</a>, <a href="#Page_275">275</a>;<br /> +reading habits, <a href="#Page_18">18</a>, <a href="#Page_19">19</a>, <a href="#Page_391">391</a>;<br /> +religious views, <a href="#Page_20">20</a>, <a href="#Page_56">56</a>, <a href="#Page_126">126</a>, <a href="#Page_208">208</a>, <a href="#Page_218">218</a>, <a href="#Page_389">389-395</a>, <a href="#Page_422">422</a>, <a href="#Page_423">423</a>;<br /> +rusticity in early life, <a href="#Page_10">10</a>, <a href="#Page_61">61</a>;<br /> +self-depreciation, <a href="#Page_11">11</a>, <a href="#Page_12">12</a>;<br /> +simplicity of manners, <a href="#Page_220">220</a>, <a href="#Page_379">379</a>, <a href="#Page_384">384</a>;<br /> +unfriendly views of, <a href="#Page_222">222</a>, <a href="#Page_269">269</a>, <a href="#Page_396">396</a>.<br /> +See <a href="#Jefferson">Jefferson, Thomas</a>. +</p> +<p class="indx4"><i>Political Opinions.</i><br /> +Amendments to the Constitution, <a href="#Page_340">340-349</a>, <a href="#Page_355">355</a>;<br /> +bill of rights, <a href="#Page_327">327</a>;<br /> +church establishment, <a href="#Page_53">53</a>, <a href="#Page_208">208-210</a>;<br /> +colonial union, <a href="#Page_116">116</a>, <a href="#Page_193">193-199</a>;<br /> +Democratic party, <a href="#Page_409">409</a>;<br /> +democracy, <a href="#Page_201">201</a>, <a href="#Page_204">204</a>;<br /> +disunion, <a href="#Page_317">317</a>, <a href="#Page_323">323</a>, <a href="#Page_409">409</a>;<br /> +executive power, <a href="#Page_328">328</a>, <a href="#Page_329">329</a>;<br /> +federal Constitution, <a href="#Page_313">313</a>, <a href="#Page_323">323-331</a>, <a href="#Page_405">405</a>, <a href="#Page_418">418</a>;<br /> +French alliance, <a href="#Page_193">193-199</a>, <a href="#Page_254">254</a>, <a href="#Page_255">255</a>;<br /> +French Revolution, <a href="#Page_409">409</a>;<br /> +free trade, <a href="#Page_291">291</a>, <a href="#Page_292">292</a>;<br /> +gerrymandering, <a href="#Page_351">351</a>;<br /> +independence of colonies, <a href="#Page_193">193 ff.</a>;<br /> +Indians, <a href="#Page_172">172</a>, <a href="#Page_173">173</a>, <a href="#Page_258">258</a>, <a href="#Page_292">292</a>, <a href="#Page_293">293</a>;<br /> +Jay treaty, <a href="#Page_405">405</a>;<br /> +Mississippi navigation, <a href="#Page_309">309-311</a>;<br /> +necessity for central authority, <a href="#Page_304">304-306</a>, <a href="#Page_322">322</a>;<br /> +not connected with plan for a dictatorship, <a href="#Page_224">224-229</a>, <a href="#Page_233">233</a>, <a href="#Page_234">234</a>, <a href="#Page_286">286</a>, <a href="#Page_287">287</a>;<br /> +nullification, <a href="#Page_417">417</a>, <a href="#Page_418">418</a>;<br /> +power of crown to annul a colonial law, <a href="#Page_53">53</a>;<br /> +power of Parliament over colonies, <a href="#Page_69">69-71</a>, <a href="#Page_95">95</a>;<br /> +resistance to England, <a href="#Page_125">125</a>, <a href="#Page_140">140-145</a>;<br /> +slavery, <a href="#Page_388">388</a>, <a href="#Page_389">389</a>;<br /> +state rights, <a href="#Page_323">323 ff.</a>;<br /> +theory that colonies are dissolved by revolution, <a href="#Page_111">111</a>, <a href="#Page_112">112</a>;<br /> +Tories, <a href="#Page_289">289-291</a>;<br /> +treaty power, <a href="#Page_405">405</a>;<br /> +Virginia state Constitution, <a href="#Page_201">201-206</a>. +</p> +<p class="indx2"> +Henry, Rev. Patrick, uncle of Patrick Henry, helps in his education, <a href="#Page_6">6</a>;<br /> +a good classical scholar, <a href="#Page_13">13</a>, <a href="#Page_15">15</a>;<br /> +persuaded by Henry not to be present at Parsons’ Cause, <a href="#Page_57">57</a>. +</p> +<p class="indx2"> +Henry, William, elder brother of Patrick Henry, becomes his partner in trade, <a href="#Page_6">6</a>. +</p> +<p class="indx2"> +Henry, William Wirt, on difficulty of reconciling Jefferson’s statements regarding Henry’s ignorance of law with his large practice, <a href="#Page_33">33</a>;<br /> +on baselessness of Jefferson’s dictatorship story, <a href="#Page_233">233</a>. +</p> +<p class="indx2"> +Herkimer, his defeat by St. Leger, <a href="#Page_240">240</a>. +</p> +<p class="indx2"> +Holland, ——, defended by Henry on charge of murder, <a href="#Page_376">376</a>, <a href="#Page_377">377</a>. +</p> +<p class="indx2"> +Holt, James, on committee of Virginia convention, <a href="#Page_152">152</a>. +</p> +<p class="indx2"> +Hopkins, Stephen, meets John Adams at first Continental Congress, <a href="#Page_105">105</a>;<br /> +a member, <a href="#Page_108">108</a>;<br /> +in second Continental Congress, <a href="#Page_175">175</a>. +</p> +<p class="indx2"> +Howe, General Robert, commands North Carolina and Virginia troops and ignores Henry, <a href="#Page_180">180</a>. +</p> +<p class="indx2"> +Howe, General Sir William, letter of Dunmore to, describing military operations in Virginia, <a href="#Page_178">178</a>;<br /> +his sluggishness in 1777, <a href="#Page_236">236</a>;<br /> +his movements in that year, <a href="#Page_240">240</a>, <a href="#Page_241">241</a>;<br /> +<span class="pgnm"><a name="Page_443" id="Page_443">[Pg 443]</a></span> +his capture of Philadelphia, <a href="#Page_243">243</a>.<br /><br /> +</p> + +<p class="indx2"> +Independence, brought unavoidably before country in 1776, <a href="#Page_190">190</a>, <a href="#Page_193">193</a>;<br /> +sentiment in Virginia convention in favor of, <a href="#Page_193">193</a>;<br /> +its postponement wished by Henry until a colonial union and foreign alliances be formed, <a href="#Page_194">194</a>;<br /> +letter of Charles Lee urging its immediate declaration, <a href="#Page_194">194</a>. +</p> +<p class="indx2"> +Indians, troubles with in Virginia in 1774, <a href="#Page_126">126</a>, <a href="#Page_131">131</a>;<br /> +negotiations with in Continental Congress, <a href="#Page_171">171</a>, <a href="#Page_172">172</a>, <a href="#Page_173">173</a>, <a href="#Page_174">174</a>;<br /> +in Virginia convention, <a href="#Page_192">192</a>;<br /> +expedition of G. R. Clark against, <a href="#Page_258">258-260</a>, <a href="#Page_263">263</a>;<br /> +dealings with Southwestern Indians, <a href="#Page_263">263</a>;<br /> +proposals of Henry to encourage intermarriage with, <a href="#Page_292">292</a>, <a href="#Page_293">293</a>. +</p> +<p class="indx2"> +Innes, James, receives a speech of Henry to his constituents from Rev. J. B. Smith, <a href="#Page_317">317</a>;<br /> +favors ratification of federal Constitution, <a href="#Page_320">320</a>;<br /> +with Henry in British debts case, <a href="#Page_360">360</a>. +</p> +<p class="indx2"> +Iredell, Judge James, tries British debts case, <a href="#Page_364">364</a>;<br /> +describes eagerness to hear Henry, <a href="#Page_364">364</a>;<br /> +effect of Henry’s oratory upon, <a href="#Page_365">365</a>;<br /> +compliments him in opinion, <a href="#Page_366">366</a>;<br /> +won over from dislike of Henry by his moderation and liberality, <a href="#Page_398">398</a>.<br /><br /> +</p> + +<p class="indx2"> +Jay, John, member of first Continental Congress, <a href="#Page_108">108</a>;<br /> +opposes Henry’s proposal to frame a new Constitution, <a href="#Page_112">112</a>;<br /> +favors Galloway’s plan of reconciliation, <a href="#Page_115">115</a>;<br /> +as likely as Henry to be a good fighter, <a href="#Page_188">188</a>;<br /> +but inferior to him in not offering, <a href="#Page_188">188</a>;<br /> +proposes to Congress to surrender navigation of Mississippi, <a href="#Page_307">307</a>;<br /> +as chief justice, tries British debts case, <a href="#Page_364">364</a>;<br /> +points out Henry to Iredell as the “greatest of orators,” <a href="#Page_364">364</a>;<br /> +affected by Henry’s oratory, <a href="#Page_365">365</a>;<br /> +converses with him on politics, <a href="#Page_398">398</a>. +</p> +<p class="indx2"> +Jay treaty, condemned by Henry, <a href="#Page_405">405</a>. +</p> +<p class="indx2"> +<a name="Jefferson" id="Jefferson"></a>Jefferson, Thomas, meets Patrick Henry, <a href="#Page_8">8</a>;<br /> +describes his hilarity, <a href="#Page_9">9</a>;<br /> +his vulgar pronunciation, <a href="#Page_10">10</a>;<br /> +calls him illiterate, <a href="#Page_12">12</a>;<br /> +yet admits his mastery over language, <a href="#Page_13">13</a>;<br /> +at Williamsburg when Henry comes for his bar examination, <a href="#Page_22">22</a>;<br /> +his stories of Henry’s examination, <a href="#Page_23">23</a>;<br /> +says Henry was a barkeeper, <a href="#Page_26">26</a>;<br /> +describes him as ignorant of the law and inefficient, <a href="#Page_29">29</a>, <a href="#Page_30">30</a>;<br /> +comparison of his legal business with Henry’s, <a href="#Page_31">31</a>;<br /> +baselessness of his imputations, <a href="#Page_32">32</a>, <a href="#Page_33">33</a>;<br /> +describes Henry’s maiden speech in legislature against “loan office,” <a href="#Page_64">64</a>;<br /> +present at debate over Virginia resolutions, <a href="#Page_73">73</a>, <a href="#Page_74">74</a>;<br /> +his conflicting statements for and against Henry’s authorship of the resolves, <a href="#Page_84">84</a>, <a href="#Footnote-83">note</a>;<br /> +describes Henry’s attainment to leadership, <a href="#Page_88">88</a>;<br /> +prominent member of bar, <a href="#Page_93">93</a>;<br /> +declines offer of practice of R. C. Nicholas, <a href="#Page_94">94</a>;<br /> +asserts that Henry was totally ignorant of law, <a href="#Page_94">94</a>;<br /> +with radical group in politics, <a href="#Page_95">95</a>;<br /> +furnishes Wirt with statements of Henry’s insignificance in Congress, <a href="#Page_123">123</a>;<br /> +induces Wirt not to mention his name, <a href="#Page_123">123</a>;<br /> +admits Henry’s leadership in Virginia, <a href="#Page_139">139</a>;<br /> +on committee for arming militia, <a href="#Page_151">151</a>;<br /> +on other committees, <a href="#Page_152">152</a>;<br /> +says that Henry committed the first overt act of war in Virginia, <a href="#Page_155">155</a>;<br /> +says Henry was a silent member of second Continental Congress and glad to leave, <a href="#Page_168">168</a>, <a href="#Page_169">169</a>;<br /> +errors of fact in his statement, <a href="#Page_169">169</a>, <a href="#Page_170">170</a>;<br /> +appears as delegate to second Continental Congress, <a href="#Page_173">173</a>;<br /> +returns to Virginia convention, <a href="#Page_176">176</a>;<br /> +favors a democratic Constitution, <a href="#Page_202">202</a>;<br /> +describes plan to establish a dictatorship in Virginia, <a href="#Page_224">224</a>;<br /> +intimates that Henry was the proposed tyrant, <a href="#Page_225">225</a>;<br /> +induces Girardin to state fact in “History of Virginia,” <a href="#Page_225">225</a>;<br /> +furnishes the story to Wirt, <a href="#Page_226">226</a>;<br /> +unhistorical character of his narrative, <a href="#Page_227">227-229</a>;<br /> +himself the recipient as governor of extraordinary powers from legislature, <a href="#Page_228">228</a>;<br /> +probably invents the whole story, <a href="#Page_233">233</a>;<br /> +makes no opposition to subsequent reëlections of Henry, <a href="#Page_235">235</a>;<br /> +his later dislike of Henry, <a href="#Page_251">251</a>;<br /> +<span class="pgnm"><a name="Page_444" id="Page_444">[Pg 444]</a></span> +on committee to notify Henry of his second reëlection as governor, <a href="#Page_256">256</a>;<br /> +elected governor, <a href="#Page_268">268</a>;<br /> +fears of Tucker as to his energy, <a href="#Page_269">269</a>;<br /> +continues on friendly terms with Henry while governor, <a href="#Page_273">273</a>;<br /> +despondent letter of Henry to, on political decay, <a href="#Page_273">273-275</a>;<br /> +reëlected, <a href="#Page_276">276</a>;<br /> +his flight from Tarleton, <a href="#Page_285">285</a>;<br /> +his story of second plan to make Henry dictator, <a href="#Page_285">285</a>;<br /> +unhistorical character of the story, <a href="#Page_285">285-287</a>;<br /> +his statement flatly contradicted by Edmund Randolph, <a href="#Page_286">286</a>;<br /> +told by Madison of Henry’s desire to strengthen central government, <a href="#Page_305">305</a>;<br /> +and of Virginian opposition to abandoning Mississippi navigation, <a href="#Page_307">307</a>, <a href="#Page_308">308</a>, <a href="#Page_311">311</a>;<br /> +informed by Madison of opposition to Constitution in Virginia, <a href="#Page_315">315</a>, <a href="#Page_316">316</a>, <a href="#Page_345">345</a>;<br /> +not in Virginia ratifying Convention, <a href="#Page_319">319</a>;<br /> +opposes new constitution, <a href="#Page_319">319</a>;<br /> +thinks it dangerous to liberty, <a href="#Page_330">330</a>;<br /> +letter from Madison to, explaining his defeat for senator, <a href="#Page_351">351</a>;<br /> +charges Henry with paying debts in worthless paper, and with connection with the Yazoo scheme, <a href="#Page_383">383</a>;<br /> +forms opposition party to Washington, <a href="#Page_397">397</a>;<br /> +sneers at Federalist advances to Henry, <a href="#Page_404">404</a>;<br /> +secures his election as governor of Virginia, <a href="#Page_406">406</a>;<br /> +his letter to Mazzei published, <a href="#Page_407">407</a>;<br /> +writes Kentucky resolutions, <a href="#Page_408">408</a>. +</p> +<p class="indx2"> +Jenyns, Soame, his “View of the Internal Evidence of Christianity,” printed by Henry for private distribution, <a href="#Page_394">394</a>. +</p> +<p class="indx2"> +Johnson, Thomas, on committee of Continental Congress to prepare address to the king, <a href="#Page_117">117</a>;<br /> +opposes Pendleton for president of Virginia convention, <a href="#Page_191">191</a>. +</p> +<p class="indx2"> +Johnston, George, aids Henry in introducing Virginia Resolves, <a href="#Page_69">69</a>, <a href="#Page_72">72</a>;<br /> +said by Jefferson to have written them, <a href="#Page_84">84</a>, <a href="#Footnote-83">note</a>. +</p> +<p class="indx2"> +Johnstone, Governor George, his membership of North’s peace commission a surprise to Henry, <a href="#Page_255">255</a>. +</p> +<p class="indx2"> +Jones, Allen, confers with Henry over weakness of Confederation, <a href="#Page_305">305</a>, <a href="#Page_306">306</a>. +</p> +<p class="indx2"> +Jones, William, plaintiff in British debts case, <a href="#Page_360">360</a>. +</p> +<p class="indx2"> +Jouette, Captain John, warns Virginia legislature of Tarleton’s approach, <a href="#Page_280">280</a>, <a href="#Page_281">281</a>.<br /><br /> +</p> + +<p class="indx2"> +Kentucky resolutions written by Jefferson, <a href="#Page_408">408</a>. +</p> +<p class="indx2"> +King, address to the, in Continental Congress, <a href="#Page_117">117</a>, <a href="#Page_118">118</a>;<br /> +its authorship wrongly accredited to Henry, <a href="#Page_118">118</a>, <a href="#Page_122">122</a>. +</p> +<p class="indx2"> +Kirkland, Rev. Samuel, urged by Continental Congress to secure neutrality of the Six Nations, <a href="#Page_174">174</a>.<br /><br /> +</p> + +<p class="indx2"> +Lamb, General John, letter from Henry to, on Virginia opposition to Constitution, <a href="#Page_342">342</a>. +</p> +<p class="indx2"> +Langdon, John, on gunpowder and salt committee of the second Continental Congress, <a href="#Page_175">175</a>. +</p> +<p class="indx2"> +Lear, Tobias, describes Henry’s control of Virginia politics in 1788, <a href="#Page_353">353</a>. +</p> +<p class="indx2"> +Lee, Arthur, letter of Marshall to, <a href="#Page_311">311</a>. +</p> +<p class="indx2"> +Lee, General Charles, describes military preparations of colonies in 1774, and predicts war, <a href="#Page_130">130</a>, <a href="#Page_131">131</a>;<br /> +envied by Adams on his departure to command colonial army, <a href="#Page_154">154</a>;<br /> +appointed by Congress major-general, <a href="#Page_172">172</a>;<br /> +special difficulties of his situation, <a href="#Page_173">173</a>;<br /> +tells Washington that Virginia is ready for independence, <a href="#Page_193">193</a>;<br /> +eager for independence, <a href="#Page_194">194</a>;<br /> +urges its immediate declaration upon Henry, <a href="#Page_194">194-196</a>;<br /> +congratulates Henry on his election as governor, <a href="#Page_215">215</a>;<br /> +ridicules popular fondness for titles, <a href="#Page_215">215</a>, <a href="#Page_216">216</a>;<br /> +praised in anonymous letter to Henry, <a href="#Page_244">244</a>. +</p> +<p class="indx2"> +Lee, Henry, in Virginia convention of 1776, <a href="#Page_190">190</a>;<br /> +on committee to draft bill of rights and state Constitution, <a href="#Page_200">200</a>;<br /> +on committee to notify Henry of election as governor, <a href="#Page_212">212</a>;<br /> +favors ratification of federal Constitution, <a href="#Page_320">320</a>;<br /> +appoints Henry United States senator in 1794, <a href="#Page_398">398</a>;<br /> +determines to reconcile Washington and Henry, <a href="#Page_398">398</a>;<br /> +describes Henry’s friendly attitude to Washington, <a href="#Page_399">399</a>;<br /> +acts as successful intermediary, <a href="#Page_399">399-403</a>;<br /> +<span class="pgnm"><a name="Page_445" id="Page_445">[Pg 445]</a></span> +offers to Henry, in behalf of Washington, the office of chief justice, <a href="#Page_403">403</a>. +</p> +<p class="indx2"> +Lee, Richard Henry, on committee to protest against Stamp Act, <a href="#Page_66">66</a>;<br /> +leader of radicals in politics, <a href="#Page_95">95</a>;<br /> +appointed delegate to Continental Congress, <a href="#Page_99">99</a>;<br /> +praised by Virginia delegates as the Cicero of the age, <a href="#Page_101">101</a>;<br /> +meets John Adams and is praised by him, <a href="#Page_106">106</a>;<br /> +in debate over manner of voting, <a href="#Page_112">112</a>;<br /> +on committee to prepare address to king, <a href="#Page_117">117</a>;<br /> +author of draft rejected by Congress, <a href="#Page_118">118</a>;<br /> +on committee of Virginia convention for organizing militia, <a href="#Page_151">151</a>;<br /> +on other committees, <a href="#Page_152">152</a>;<br /> +in second Continental Congress, <a href="#Page_173">173</a>;<br /> +letter of Pendleton to, describing military situation in Virginia, <a href="#Page_178">178</a>;<br /> +in convention of 1776, <a href="#Page_190">190</a>;<br /> +urged by Henry to promote French alliance, <a href="#Page_198">198</a>;<br /> +favors a democratic constitution, <a href="#Page_202">202</a>;<br /> +appealed to for aid by Henry, <a href="#Page_204">204</a>;<br /> +supposed to have been won by Conway cabal, <a href="#Page_243">243</a>, <a href="#Page_253">253</a>;<br /> +loses popularity in Virginia, <a href="#Page_252">252</a>;<br /> +barely succeeds in reëlection to Congress, <a href="#Page_253">253</a>;<br /> +consoled by Henry, <a href="#Page_253">253</a>;<br /> +warned of decay of public spirit in Virginia, <a href="#Page_254">254</a>;<br /> +Henry’s only rival in leadership of General Assembly, <a href="#Page_275">275</a>;<br /> +compared with Henry by S. Roane, <a href="#Page_295">295-296</a>;<br /> +opposes a strong central government, <a href="#Page_305">305</a>;<br /> +not a member of Virginia ratifying convention, <a href="#Page_319">319</a>;<br /> +opposes ratification of Constitution, <a href="#Page_320">320</a>;<br /> +his election as senator dictated by Henry, <a href="#Page_350">350</a>, <a href="#Page_353">353</a>;<br /> +turns from Jefferson to support of Washington, <a href="#Page_398">398</a>. +</p> +<p class="indx2"> +Lee, Thomas Ludwell, suggested as messenger by Henry, <a href="#Page_205">205</a>. +</p> +<p class="indx2"> +<a name="Legislature" id="Legislature"></a>Legislature of Virginia, first appearance of Henry before Burgesses in election case, <a href="#Page_61">61</a>;<br /> +corruption of speaker in, <a href="#Page_63">63</a>;<br /> +motion for a “loan office” in, defeated by Henry, <a href="#Page_64">64</a>;<br /> +protests against proposed Stamp Act, <a href="#Page_65">65</a>;<br /> +doubts among members as to course after its passage, <a href="#Page_66">66-68</a>;<br /> +deliberates on Stamp Act, <a href="#Page_68">68</a>;<br /> +introduction of Henry’s resolutions, <a href="#Page_69">69</a>;<br /> +opposition of old leaders, <a href="#Page_69">69</a>, <a href="#Page_71">71</a>;<br /> +debate in, <a href="#Page_71">71-74</a>;<br /> +passes, then amends resolutions, <a href="#Page_74">74</a>, <a href="#Page_75">75</a>;<br /> +deplores Boston Port Bill, <a href="#Page_97">97</a>;<br /> +dissolved by Governor Dunmore, <a href="#Page_97">97</a>;<br /> +its members call for a Continental Congress, <a href="#Page_98">98</a>;<br /> +recommend a colonial convention, <a href="#Page_99">99</a>;<br /> +which meets, <a href="#Page_99">99</a>;<br /> +appoints delegates to first Continental Congress, <a href="#Page_99">99</a>, <a href="#Page_100">100</a>;<br /> +adjourns, <a href="#Page_100">100</a>;<br /> +second convention meets, <a href="#Page_134">134</a>;<br /> +its determination to prepare for war, <a href="#Page_135">135</a>;<br /> +causes for objections to Henry’s resolutions to arm militia, <a href="#Page_136">136-139</a>;<br /> +adopts his resolutions to arm militia, and prepares for war, <a href="#Page_151">151</a>, <a href="#Page_152">152</a>;<br /> +return of Virginia congressional delegates to, <a href="#Page_176">176</a>;<br /> +thanks them, <a href="#Page_176">176</a>;<br /> +appoints Henry commander-in-chief with limited powers, <a href="#Page_177">177</a>;<br /> +meets at Williamsburg, <a href="#Page_190">190</a>;<br /> +its able membership, <a href="#Page_190">190</a>;<br /> +struggle for presidency between Pendleton’s and Henry’s factions, <a href="#Page_191">191</a>;<br /> +committees and business transacted by, <a href="#Page_192">192</a>, <a href="#Page_193">193</a>;<br /> +sentiment in, said to favor independence, <a href="#Page_193">193</a>;<br /> +instructs delegates to Congress to propose independence, foreign alliance, and a confederation, <a href="#Page_197">197</a>;<br /> +appoints committee to draw up state Constitution and bill of rights, <a href="#Page_200">200</a>;<br /> +aristocratic and democratic parties in, <a href="#Page_201">201-207</a>;<br /> +adopts declaration of rights, <a href="#Page_207">207-210</a>;<br /> +establishes religious liberty, <a href="#Page_208">208</a>, <a href="#Page_209">209</a>;<br /> +adopts state Constitution, <a href="#Page_210">210</a>;<br /> +its democratic form, <a href="#Page_210">210</a>, <a href="#Page_211">211</a>;<br /> +elects Henry governor, <a href="#Page_211">211</a>;<br /> +General Assembly holds first session, <a href="#Page_220">220</a>;<br /> +said to have planned to make Henry dictator, <a href="#Page_223">223</a>, <a href="#Page_224">224</a>, <a href="#Page_226">226</a>;<br /> +confers extraordinary powers on Governors Henry and Jefferson, <a href="#Page_228">228</a>, <a href="#Page_231">231</a>, <a href="#Page_233">233</a>;<br /> +adjourns, <a href="#Page_232">232</a>;<br /> +no trace of a plot in, as described by Jefferson, <a href="#Page_233">233-235</a>;<br /> +reëlects Henry governor, <a href="#Page_238">238</a>, <a href="#Page_239">239</a>;<br /> +its sessions during 1777 and 1778, <a href="#Page_241">241</a>;<br /> +elects delegates to Congress, <a href="#Page_253">253</a>;<br /> +again confers extraordinary powers on Henry, <a href="#Page_256">256</a>;<br /> +and reëlects him governor, <a href="#Page_256">256</a>;<br /> +again confers on Henry extraordinary powers, <a href="#Page_260">260</a>;<br /> +<span class="pgnm"><a name="Page_446" id="Page_446">[Pg 446]</a></span> +desires to reëlect Henry for fourth term, <a href="#Page_267">267</a>;<br /> +on his refusal, elects Jefferson, <a href="#Page_268">268</a>;<br /> +passes resolutions complimenting Henry, <a href="#Page_268">268</a>;<br /> +elects Henry delegate to Congress, <a href="#Page_271">271</a>;<br /> +led by Henry in 1780 and afterwards, <a href="#Page_275">275</a>;<br /> +work done by it, <a href="#Page_275">275-278</a>;<br /> +reëlects Jefferson, <a href="#Page_276">276</a>;<br /> +fears approach of Cornwallis, <a href="#Page_278">278</a>, <a href="#Page_279">279</a>;<br /> +its flight from Tarleton, <a href="#Page_280">280-284</a>;<br /> +reassembles at Staunton, <a href="#Page_284">284</a>, <a href="#Page_285">285</a>;<br /> +elects Thomas Nelson governor, <a href="#Page_285">285</a>;<br /> +again said to have planned to make Henry dictator, <a href="#Page_285">285</a>;<br /> +contrary evidence, <a href="#Page_286">286</a>, <a href="#Page_287">287</a>;<br /> +subsequent sessions of, <a href="#Page_287">287-288</a>;<br /> +its scanty reports, <a href="#Page_288">288</a>;<br /> +mastery of Henry over, <a href="#Page_294">294-297</a>;<br /> +passes bill to prevent speculation in soldiers’ certificates, <a href="#Page_295">295</a>;<br /> +again elects Henry governor, <a href="#Page_298">298</a>;<br /> +offers Washington shares in canal companies, <a href="#Page_300">300</a>;<br /> +publicly thanks Henry on his retirement from governorship, <a href="#Page_302">302</a>;<br /> +passes resolutions condemning proposed surrender of Mississippi navigation, <a href="#Page_308">308</a>;<br /> +chooses Henry delegate to constitutional convention, <a href="#Page_309">309</a>;<br /> +feared that it will refuse to submit Constitution to a ratifying convention, <a href="#Page_314">314</a>;<br /> +summons a state convention, <a href="#Page_316">316</a>;<br /> +dominated by Henry, <a href="#Page_346">346</a>;<br /> +asks Congress to call a second convention, <a href="#Page_346">346</a>, <a href="#Page_347">347-350</a>;<br /> +elects R. H. Lee and Grayson senators at Henry’s dictation, and rejects Madison, <a href="#Page_350">350</a>, <a href="#Page_351">351</a>;<br /> +gerrymanders the State in hopes of defeating Federalists, <a href="#Page_351">351</a>;<br /> +unable to assemble a quorum during Henry’s speech in British debts case, <a href="#Page_362">362</a>, <a href="#Page_364">364</a>;<br /> +controlled by Jefferson, <a href="#Page_406">406</a>;<br /> +elects Henry governor for sixth time in 1796, <a href="#Page_406">406</a>;<br /> +passes resolutions condemning alien and sedition laws, <a href="#Page_408">408</a>;<br /> +Henry asked by Washington to become a candidate for, <a href="#Page_414">414</a>;<br /> +he presents himself, <a href="#Page_415">415</a>;<br /> +action of Assembly deplored by him, <a href="#Page_417">417</a>;<br /> +its action called unconstitutional, <a href="#Page_417">417</a>, <a href="#Page_418">418</a>. +</p> +<p class="indx2"> +Leonard, Daniel, describes the effect of the Virginia Resolves in New England, <a href="#Page_82">82</a>, <a href="#Page_83">83</a>. +</p> +<p class="indx2"> +Lewis, Andrew, on committee for arming Virginia militia, <a href="#Page_151">151</a>. +</p> +<p class="indx2"> +Lewis, William, his remark to Henry on the flight of the legislature from Tarleton, <a href="#Page_283">283</a>. +</p> +<p class="indx2"> +Lincoln, Benjamin, informed by Washington of Henry’s submission to the Constitution, <a href="#Page_344">344</a>. +</p> +<p class="indx2"> +Littlepage, James, his seat in Virginia legislature contested by Dandridge, <a href="#Page_61">61</a>. +</p> +<p class="indx2"> +Livingston, Philip, member of first Continental Congress, <a href="#Page_108">108</a>;<br /> +of the second, <a href="#Page_172">172</a>, <a href="#Page_173">173</a>;<br /> +as likely as Henry to have proved a good fighter, but, unlike him, never offered, <a href="#Page_188">188</a>. +</p> +<p class="indx2"> +Livingston, William, member of first Continental Congress, <a href="#Page_108">108</a>. +</p> +<p class="indx2"> +Lowndes, Rawlins, opposes federal Constitution, <a href="#Page_330">330</a>. +</p> +<p class="indx2"> +Lynch, Thomas, meets John Adams at Continental Congress, <a href="#Page_104">104</a>, <a href="#Page_105">105</a>;<br /> +praised by him, <a href="#Page_105">105</a>;<br /> +nominates Peyton Randolph for president, <a href="#Page_107">107</a>;<br /> +also Charles Thomson as secretary, <a href="#Page_107">107</a>;<br /> +debates question of manner of voting, <a href="#Page_112">112</a>;<br /> +member of second Continental Congress, <a href="#Page_172">172</a>. +</p> +<p class="indx2"> +Lyons, ——, in Parsons’ Cause with Henry, <a href="#Page_49">49</a>, <a href="#Page_53">53</a>;<br /> +cries “treason” against his speech, <a href="#Page_54">54</a>.<br /><br /> +</p> + +<p class="indx2"> +Madison, James, doubts Henry’s authorship of Virginia Resolves, <a href="#Page_84">84</a>, <a href="#Footnote-83">note</a>;<br /> +member of Virginia convention of 1776, <a href="#Page_190">190</a>;<br /> +on committee to draft bill of rights and Constitution, <a href="#Page_200">200</a>;<br /> +his slight influence, <a href="#Page_204">204</a>;<br /> +introduces bill to check speculation in soldiers’ certificates, <a href="#Page_295">295</a>;<br /> +describes Henry’s eloquent support of the measure, <a href="#Page_295">295</a>;<br /> +less practical than Henry, <a href="#Page_296">296</a>;<br /> +inferior to him in debate, <a href="#Page_296">296</a>;<br /> +confers with Henry and finds him zealous for strengthening federal government, <a href="#Page_305">305</a>, <a href="#Page_306">306</a>;<br /> +predicts intense opposition in South to treaty abandoning Mississippi navigation, <a href="#Page_308">308</a>;<br /> +warns Washington of Henry’s change of mind on matter of strengthening the Confederation, <a href="#Page_310">310</a>;<br /> +<span class="pgnm"><a name="Page_447" id="Page_447">[Pg 447]</a></span> +informed by Randolph of Henry’s refusal to attend convention, <a href="#Page_310">310</a>;<br /> +comments on his reasons, <a href="#Page_311">311</a>, <a href="#Page_312">312</a>;<br /> +informs Jefferson and Randolph of Henry’s opposition to the Constitution, <a href="#Page_315">315</a>, <a href="#Page_316">316</a>;<br /> +accuses Henry of wishing disunion, <a href="#Page_317">317</a>;<br /> +letter of J. B. Smith to, condemning Henry’s methods, <a href="#Page_317">317</a>;<br /> +describes elements of opposition to Constitution, <a href="#Page_319">319</a>;<br /> +the principal champion of ratification, <a href="#Page_320">320</a>;<br /> +his power in debate, <a href="#Page_333">333</a>;<br /> +suspects Henry of intention to destroy effect of Constitution, <a href="#Page_343">343</a>, <a href="#Page_344">344</a>;<br /> +Washington’s letters to on same subject, <a href="#Page_346">346</a>;<br /> +defeated for senator through Henry’s influence, <a href="#Page_351">351</a>;<br /> +his defeat for representative attempted by gerrymandering, <a href="#Page_351">351</a>, <a href="#Page_353">353</a>;<br /> +elected nevertheless, <a href="#Page_354">354</a>;<br /> +leads House to consider constitutional amendments, <a href="#Page_354">354</a>, <a href="#Page_355">355</a>;<br /> +probably led by fear of Henry’s opposition, <a href="#Page_355">355</a>;<br /> +forms opposition party to Washington, <a href="#Page_397">397</a>;<br /> +writes Virginia resolutions, <a href="#Page_408">408</a>. +</p> +<p class="indx2"> +Madison, Thomas, on Henry’s defense of Holland for murder, <a href="#Page_376">376</a>. +</p> +<p class="indx2"> +Marshall, John, on Henry’s determination to have Mississippi navigation for the South, <a href="#Page_311">311</a>;<br /> +favors ratification of federal Constitution, <a href="#Page_320">320</a>;<br /> +with Henry in British debts case, <a href="#Page_360">360</a>;<br /> +his argument not legally superior to Henry’s, <a href="#Page_366">366</a>;<br /> +commended for his conduct in France as a candidate for Congress by Henry, <a href="#Page_410">410</a>, <a href="#Page_411">411</a>. +</p> +<p class="indx2"> +Martin, Luther, opposes federal Constitution, <a href="#Page_330">330</a>. +</p> +<p class="indx2"> +Maryland, its convention recommends organization of militia, <a href="#Page_132">132</a>;<br /> +its resolutions justifying this action imitated elsewhere, <a href="#Page_133">133</a>. +</p> +<p class="indx2"> +Mason, George, leader of radicals in Virginia, <a href="#Page_95">95</a>;<br /> +his high opinion of Henry’s abilities, <a href="#Page_98">98</a>;<br /> +in convention of 1776, <a href="#Page_190">190</a>;<br /> +on committee to draft bill of rights and Constitution, <a href="#Page_200">200</a>, <a href="#Page_204">204</a>;<br /> +favors a democratic government, <a href="#Page_202">202</a>;<br /> +author of first fourteen articles of bill of rights, <a href="#Page_208">208</a>;<br /> +a devout Episcopalian, <a href="#Page_210">210</a>;<br /> +on committee to notify Henry of his election as governor, <a href="#Page_212">212</a>;<br /> +opposes ratification of Constitution, <a href="#Page_315">315</a>, <a href="#Page_316">316</a>, <a href="#Page_320">320</a>;<br /> +chief assistant of Henry in debate, <a href="#Page_320">320</a>;<br /> +agrees to act as chairman of Virginia republican society, <a href="#Page_342">342</a>. +</p> +<p class="indx2"> +Mason, Thompson, prominent member of Virginia bar, <a href="#Page_93">93</a>;<br /> +surpassed by Henry in admiralty case, <a href="#Page_93">93</a>. +</p> +<p class="indx2"> +Massachusetts, calls for Stamp Act Congress, <a href="#Page_80">80</a>, <a href="#Page_81">81</a>;<br /> +enthusiasm in for Virginia resolutions, <a href="#Page_81">81</a>, <a href="#Page_82">82</a>;<br /> +prepares for war, <a href="#Page_134">134</a>. +</p> +<p class="indx2"> +Matthews, General Edward, commands British raid into Virginia, <a href="#Page_257">257</a>, <a href="#Page_264">264</a>, <a href="#Page_267">267</a>. +</p> +<p class="indx2"> +Maury, Rev. James, wins his case for damages after annulling of option law, <a href="#Page_45">45</a>;<br /> +describes Henry’s speech in Parsons’ Cause, <a href="#Page_52">52-55</a>. +</p> +<p class="indx2"> +Mazzei, Philip, publication of Jefferson’s letter to, <a href="#Page_407">407</a>. +</p> +<p class="indx2"> +McIntosh, General Lachan, commander in the Northwest in 1779, <a href="#Page_263">263</a>. +</p> +<p class="indx2"> +McKean, Thomas, member of first Continental Congress, <a href="#Page_108">108</a>. +</p> +<p class="indx2"> +Meade, Rt. Rev. William, explains Henry’s apology to Maury, <a href="#Page_57">57</a>. +</p> +<p class="indx2"> +Mercer, James, prominent member of Virginia bar, <a href="#Page_93">93</a>;<br /> +on committee of Virginia convention, <a href="#Page_152">152</a>. +</p> +<p class="indx2"> +Meredith, Samuel, Henry’s brother-in-law, describes character of Henry’s mother, <a href="#Page_299">299</a>. +</p> +<p class="indx2"> +Middleton, Henry, meets John Adams at first Continental Congress, <a href="#Page_105">105</a>, <a href="#Page_106">106</a>;<br /> +a member of it, <a href="#Page_108">108</a>. +</p> +<p class="indx2"> +Mifflin, Thomas, entertains delegates to first Continental Congress, <a href="#Page_104">104</a>, <a href="#Page_105">105</a>, <a href="#Page_106">106</a>, <a href="#Page_107">107</a>;<br /> +a member of it, <a href="#Page_108">108</a>;<br /> +accompanies Washington to Boston as aide-de-camp, <a href="#Page_154">154</a>;<br /> +his connection with the Conway cabal, <a href="#Page_247">247</a>, <a href="#Page_250">250</a>. +</p> +<p class="indx2"> +Miller, John, describes Henry’s last speech, <a href="#Page_416">416</a>. +</p> +<p class="indx2"> +Mississippi, navigation of, its abandonment proposed by Jay in Congress, <a href="#Page_307">307</a>;<br /> +violent opposition aroused in South to its surrender, <a href="#Page_308">308</a>, <a href="#Page_309">309</a>;<br /> +Henry’s desire to retain it makes him fear a closer union with Northern States, <a href="#Page_310">310</a>, <a href="#Page_311">311</a>. +</p> +<p class="indx2"> +<span class="pgnm"><a name="Page_448" id="Page_448">[Pg 448]</a></span> +Moffett, Colonel George, flight of legislature from Tarleton to his farm, <a href="#Page_284">284</a>. +</p> +<p class="indx2"> +Monroe, James, tells Henry of Jay’s proposal to abandon Mississippi navigation, <a href="#Page_307">307</a>;<br /> +says Northern States plan to dismember the union, <a href="#Page_307">307</a>;<br /> +opposes ratification of federal Constitution, <a href="#Page_320">320</a>;<br /> +helps Henry in debate, <a href="#Page_320">320</a>;<br /> +letter of Jefferson to on Henry, <a href="#Page_404">404</a>;<br /> +recalled from France, <a href="#Page_407">407</a>. +</p> +<p class="indx2"> +Murray, William Vans, appointed envoy to France, <a href="#Page_412">412</a>.<br /><br /> +</p> + +<p class="indx2"> +Nelson, Hugh, remark of Henry to, <a href="#Page_19">19</a>. +</p> +<p class="indx2"> +Nelson, Thomas, offers resolution in Virginia convention, instructing delegates to propose independence, <a href="#Page_197">197</a>;<br /> +conveys resolutions to Congress, <a href="#Page_198">198</a>;<br /> +defeated for governor by Henry in 1776, <a href="#Page_211">211</a>;<br /> +succeeds Jefferson as governor, <a href="#Page_285">285</a>;<br /> +opposes ratification of Constitution, <a href="#Page_319">319</a>. +</p> +<p class="indx2"> +New England, effect of Virginia resolutions in, <a href="#Page_80">80</a>, <a href="#Page_82">82</a>, <a href="#Page_88">88</a>. +</p> +<p class="indx2"> +Newenham, Sir Edward, sends presents to Washington, <a href="#Page_301">301</a>. +</p> +<p class="indx2"> +New Jersey, Assembly of, disapproves of Stamp Act Congress, <a href="#Page_81">81</a>. +</p> +<p class="indx2"> +Newton, Thomas, on committee of Virginia convention, <a href="#Page_152">152</a>. +</p> +<p class="indx2"> +New York, Virginia Resolves brought to, <a href="#Page_80">80</a>, <a href="#Page_82">82</a>;<br /> +ratifies the Constitution conditionally, <a href="#Page_345">345</a>;<br /> +sends circular letter proposing call for a second convention, <a href="#Page_345">345</a>;<br /> +its effect in Virginia, <a href="#Page_345">345</a>. +</p> +<p class="indx2"> +Nicholas, George, favors ratification of federal Constitution, <a href="#Page_320">320</a>. +</p> +<p class="indx2"> +Nicholas, John, supposed author of scurrilous attacks on Henry, <a href="#Page_385">385</a>. +</p> +<p class="indx2"> +Nicholas, Robert Carter, one of Henry’s legal examiners, <a href="#Page_23">23</a>;<br /> +opposes Henry’s Virginia Resolves, <a href="#Page_71">71</a>;<br /> +loses leadership to Henry, <a href="#Page_89">89</a>;<br /> +prominent in Virginia bar, <a href="#Page_93">93</a>;<br /> +on retiring leaves his practice to Henry, <a href="#Page_94">94</a>;<br /> +leader of conservatives, <a href="#Page_95">95</a>;<br /> +opposes Henry’s motion in Virginia convention to organize militia, <a href="#Page_137">137</a>;<br /> +on committee to arm militia, <a href="#Page_151">151</a>;<br /> +on other committees, <a href="#Page_152">152</a>;<br /> +declines as treasurer Henry’s offer of protection, <a href="#Page_162">162</a>;<br /> +in convention of 1776, <a href="#Page_190">190</a>;<br /> +on committee to draft bill of rights and Constitution, <a href="#Page_200">200</a>;<br /> +favors aristocratic government, <a href="#Page_201">201</a>;<br /> +alleged to have made motion to appoint a dictator, <a href="#Page_286">286</a>. +</p> +<p class="indx2"> +North, Lord, sends peace commissioners after Burgoyne’s surrender, <a href="#Page_241">241</a>, <a href="#Page_254">254</a>;<br /> +protested against by Henry, <a href="#Page_255">255</a>;<br /> +their failure and departure, <a href="#Page_257">257</a>.<br /><br /> +</p> + +<p class="indx2"> +Oswald, Eleazer, carries proposed constitutional amendments from Henry to New York, <a href="#Page_342">342</a>, <a href="#Page_343">343</a>.<br /><br /> +</p> + +<p class="indx2"> +Page, John, describes Henry’s vulgar pronunciation, <a href="#Page_10">10</a>, <a href="#Page_11">11</a>;<br /> +a radical in politics, <a href="#Page_95">95</a>;<br /> +receives a vote for governor in 1776, <a href="#Page_211">211</a>. +</p> +<p class="indx2"> +Page, Mann, a radical leader in Virginia, <a href="#Page_95">95</a>;<br /> +in convention of 1776, <a href="#Page_190">190</a>;<br /> +on committee to frame bill of rights and a constitution, <a href="#Page_200">200</a>. +</p> +<p class="indx2"> +Paine, Thomas, his “Age of Reason” moves Henry to write a reply, <a href="#Page_374">374</a>. +</p> +<p class="indx2"> +<a name="Parsons" id="Parsons"></a>Parsons’ Cause, <a href="#Page_36">36-55</a>;<br /> +establishment of church in Virginia, <a href="#Page_37">37</a>;<br /> +payment of clergy, <a href="#Page_37">37</a>, <a href="#Page_38">38</a>;<br /> +legislation to enforce payment by vestry, <a href="#Page_39">39</a>;<br /> +option laws to prevent clergy profiting by high price, <a href="#Page_40">40</a>, <a href="#Page_41">41</a>;<br /> +royal veto, <a href="#Page_44">44</a>;<br /> +suits brought by clergy for damages, <a href="#Page_44">44</a>, <a href="#Page_45">45</a>;<br /> +suit of Maury against Fredericksville parish, <a href="#Page_45">45-55</a>;<br /> +selection of an unfair jury, <a href="#Page_46">46</a>, <a href="#Page_47">47</a>;<br /> +illegal verdict, <a href="#Page_48">48</a>;<br /> +Henry’s speech and its effect, <a href="#Page_48">48-52</a>;<br /> +comments of Maury, <a href="#Page_53">53-55</a>;<br /> +excitement produced by, <a href="#Page_58">58</a>, <a href="#Page_60">60</a>;<br /> +reported to England, <a href="#Page_86">86</a>. +</p> +<p class="indx2"> +Pendleton, Edmund, his pronunciation an example of dialect, <a href="#Page_11">11</a>;<br /> +said by Jefferson to have been one of Henry’s bar examiners, <a href="#Page_23">23</a>;<br /> +on committee to protest against Stamp Act, <a href="#Page_66">66</a>;<br /> +believes submission necessary, <a href="#Page_67">67</a>;<br /> +opposes Henry’s Virginia Resolves, <a href="#Page_71">71</a>;<br /> +loses leadership to Henry, <a href="#Page_89">89</a>;<br /> +prominent at Virginia bar, <a href="#Page_93">93</a>;<br /> +surpassed by Henry in admiralty case, <a href="#Page_93">93</a>;<br /> +<span class="pgnm"><a name="Page_449" id="Page_449">[Pg 449]</a></span> +leader of conservative party, <a href="#Page_95">95</a>;<br /> +appointed delegate to Continental Congress, <a href="#Page_99">99</a>;<br /> +his journey with Henry and Washington, <a href="#Page_101">101</a>;<br /> +described by Atkinson, <a href="#Page_102">102</a>;<br /> +in debate on manner of voting, <a href="#Page_112">112</a>;<br /> +opposes Henry’s motion in Virginia convention to organize militia, <a href="#Page_137">137</a>;<br /> +on committee for arming militia, <a href="#Page_151">151</a>;<br /> +on other committees, <a href="#Page_152">152</a>;<br /> +returns from Congress to Virginia convention, <a href="#Page_176">176</a>;<br /> +thanked by Virginia, <a href="#Page_176">176</a>;<br /> +at head of Virginia Committee of Safety, describes situation to R. H. Lee, <a href="#Page_178">178</a>;<br /> +explains his objections to Henry’s serving in field, <a href="#Page_185">185</a>;<br /> +in convention of 1776, <a href="#Page_190">190</a>;<br /> +opposed for president by Henry’s friends, <a href="#Page_191">191</a>;<br /> +drafts resolution instructing delegates in Congress to propose independence, <a href="#Page_197">197</a>;<br /> +favors aristocratic government, <a href="#Page_201">201</a>;<br /> +favors ratification of federal Constitution, <a href="#Page_320">320</a>. +</p> +<p class="indx2"> +Pennsylvania, prepares to resist England by force, <a href="#Page_133">133</a>. +</p> +<p class="indx2"> +Phillips, General William, commands British force invading Virginia, <a href="#Page_278">278</a>. +</p> +<p class="indx2"> +Powell, ——, entertains John Adams at first Continental Congress, <a href="#Page_105">105</a>. +</p> +<p class="indx2"> +Providence, R. I., people of, approve Virginia Resolutions, <a href="#Page_82">82</a>.<br /><br /> +</p> + +<p class="indx2"> +Raleigh Tavern, meeting-place of Burgesses after dissolution of Assembly, <a href="#Page_98">98</a>. +</p> +<p class="indx2"> +Randall, Henry Stephens, describes at third hand Henry’s speech for organizing militia, <a href="#Page_146">146</a>. +</p> +<p class="indx2"> +Randolph, Edmund, gives a version of Henry’s warning to George III., <a href="#Page_73">73</a>, <a href="#Footnote-69">note</a>;<br /> +says the Virginia Resolves were written by William Fleming, <a href="#Page_84">84</a>, <a href="#Footnote-83">note</a>;<br /> +in Virginia convention of 1776, <a href="#Page_190">190</a>;<br /> +testimony as to authorship of Virginia resolution favoring independence, <a href="#Page_197">197</a>;<br /> +on committee to frame Constitution, <a href="#Page_200">200</a>;<br /> +says Henry drafted two articles of bill of rights, <a href="#Page_208">208</a>;<br /> +calls Washington a dictator in 1781, <a href="#Page_229">229</a>;<br /> +denies Jefferson’s story of a Virginia dictatorship in 1781, <a href="#Page_287">287</a>;<br /> +informs Madison of Henry’s refusal to go to constitutional convention, <a href="#Page_310">310</a>;<br /> +receives Madison’s reply, <a href="#Page_312">312</a>;<br /> +correspondence with Madison relative to Virginia opposition to ratification of Constitution, <a href="#Page_316">316</a>;<br /> +refuses to sign Constitution and publishes objections, <a href="#Page_319">319</a>;<br /> +supports it in the convention, <a href="#Page_320">320</a>;<br /> +twitted by Henry, turns on him fiercely, <a href="#Page_334">334</a>, <a href="#Page_335">335</a>. +</p> +<p class="indx2"> +Randolph, John, his part in Henry’s bar examination, <a href="#Page_23">23-26</a>;<br /> +leader of bar in Virginia, <a href="#Page_43">43</a>. +</p> +<p class="indx2"> +Randolph, John, of Roanoke, describes Henry’s appearance in British debts case, <a href="#Page_364">364</a>, <a href="#Page_365">365</a>;<br /> +answers Henry’s last speech, <a href="#Page_419">419</a>;<br /> +Henry’s parting advice to, <a href="#Page_420">420</a>. +</p> +<p class="indx2"> +Randolph, Peyton, attorney-general, his part in Henry’s bar examination, <a href="#Page_23">23</a>;<br /> +on committee to protest against Stamp Act, <a href="#Page_66">66</a>;<br /> +counsels submission, <a href="#Page_67">67</a>;<br /> +opposes Henry’s Virginia Resolves, <a href="#Page_71">71</a>;<br /> +his anger at their passage, <a href="#Page_74">74</a>;<br /> +loses leadership to Henry, <a href="#Page_89">89</a>;<br /> +leader of conservatives, <a href="#Page_95">95</a>;<br /> +appointed delegate to Continental Congress, <a href="#Page_99">99</a>;<br /> +described by Atkinson, <a href="#Page_102">102</a>;<br /> +meets John Adams at Continental Congress, <a href="#Page_106">106</a>;<br /> +chosen to preside, <a href="#Page_107">107</a>;<br /> +assures Virginia troops that gunpowder affair will be satisfactorily settled, <a href="#Page_157">157</a>. +</p> +<p class="indx2"> +Read, George, member of first Continental Congress, <a href="#Page_108">108</a>. +</p> +<p class="indx2"> +Reed, Joseph, meets John Adams at first Continental Congress, <a href="#Page_106">106</a>;<br /> +doubts Henry’s ability to command in the field, <a href="#Page_186">186</a>. +</p> +<p class="indx2"> +Religious liberty in Virginia, asserted in sixteenth article of declaration of rights written by Henry, <a href="#Page_208">208</a>;<br /> +hitherto limited, <a href="#Page_209">209</a>;<br /> +petition of Baptists for, <a href="#Page_209">209</a>;<br /> +proposals of Henry involving, <a href="#Page_294">294</a>. +</p> +<p class="indx2"> +Revolution, war of, predicted by Henry, <a href="#Page_116">116</a>, <a href="#Page_125">125</a>;<br /> +by Hawley and John Adams, <a href="#Page_125">125</a>;<br /> +by Dickinson, Charles Lee, <a href="#Page_130">130</a>;<br /> +prepared for by Connecticut, <a href="#Page_131">131</a>, <a href="#Page_133">133</a>;<br /> +by Rhode Island, <a href="#Page_132">132</a>;<br /> +by Maryland, <a href="#Page_132">132</a>;<br /> +and other colonies, <a href="#Page_133">133</a>, <a href="#Page_134">134</a>;<br /> +by Virginia, <a href="#Page_133">133-152</a>;<br /> +considered inevitable by Henry, <a href="#Page_138">138</a>;<br /> +<span class="pgnm"><a name="Page_450" id="Page_450">[Pg 450]</a></span> +events of in 1776, <a href="#Page_221">221</a>;<br /> +in 1777, <a href="#Page_235">235</a>, <a href="#Page_236">236</a>;<br /> +in 1777 and 1778, <a href="#Page_240">240</a>, <a href="#Page_241">241</a>, <a href="#Page_257">257</a>. +</p> +<p class="indx2"> +Rhoades, Samuel, at first Continental Congress, <a href="#Page_105">105</a>. +</p> +<p class="indx2"> +Riddick, Lemuel, on committee of Virginia convention for arming militia, <a href="#Page_151">151</a>. +</p> +<p class="indx2"> +Roane, John, describes in detail Henry’s delivery of the speech for arming militia, <a href="#Page_146">146-149</a>;<br /> +said to have verified Wirt’s version, <a href="#Page_150">150</a>. +</p> +<p class="indx2"> +Roane, Spencer, on Henry’s pronunciation, <a href="#Page_11">11</a>;<br /> +meets Henry and R. H. Lee in Virginia Assembly, <a href="#Page_295">295</a>;<br /> +considers Henry more practical than Madison, less selfish than Lee, <a href="#Page_296">296</a>;<br /> +describes his superiority to Madison in debate, <a href="#Page_296">296</a>;<br /> +contrasts him with Lee, <a href="#Page_296">296</a>;<br /> +describes his manner, <a href="#Page_296">296</a>, <a href="#Page_297">297</a>;<br /> +describes Henry’s manner of living as governor, <a href="#Page_300">300</a>;<br /> +gives anecdotes illustrating Henry’s power as a criminal lawyer, <a href="#Page_375">375-378</a>. +</p> +<p class="indx2"> +Robertson, David, reports Henry’s speeches in Virginia ratifying convention, <a href="#Page_321">321</a>. +</p> +<p class="indx2"> +Robertson, William, of Edinburgh University, kinsman of Patrick Henry, <a href="#Page_3">3</a>. +</p> +<p class="indx2"> +Robertson, Rev. William, uncle of Patrick Henry, <a href="#Page_3">3</a>. +</p> +<p class="indx2"> +Robinson, John, speaker of House of Burgesses and treasurer of Virginia, <a href="#Page_63">63</a>;<br /> +attempt to conceal his defalcation by a “loan office,” <a href="#Page_63">63</a>;<br /> +prevented by Henry, <a href="#Page_64">64</a>, <a href="#Page_65">65</a>. +</p> +<p class="indx2"> +Robinson, Rev. William, condemns Henry’s behavior in Parsons’ Cause, <a href="#Page_86">86</a>;<br /> +and describes his speech against the Stamp Act, <a href="#Page_87">87</a>. +</p> +<p class="indx2"> +Rodney, Cæsar, a member of first Continental Congress, <a href="#Page_108">108</a>;<br /> +of second, <a href="#Page_175">175</a>. +</p> +<p class="indx2"> +Rush, Dr. Benjamin, said by Washington to be author of anonymous letter to Henry, <a href="#Page_249">249</a>, <a href="#Page_250">250</a>. +</p> +<p class="indx2"> +Rutledge, Edward, meets John Adams at first Continental Congress, <a href="#Page_105">105</a>, <a href="#Page_106">106</a>;<br /> +a member of it, <a href="#Page_108">108</a>;<br /> +praises Galloway’s plan of reconciliation, <a href="#Page_115">115</a>. +</p> +<p class="indx2"> +Rutledge, John, meets John Adams at Continental Congress, <a href="#Page_106">106</a>;<br /> +a member of it, <a href="#Page_108">108</a>;<br /> +debates question of manner of voting, <a href="#Page_112">112</a>;<br /> +on committee to prepare address to the king, <a href="#Page_117">117</a>;<br /> +at second Continental Congress, <a href="#Page_173">173</a>;<br /> +as governor of South Carolina receives extraordinary powers, <a href="#Page_228">228</a>;<br /> +nomination for chief justice rejected by Senate, <a href="#Page_403">403</a>.<br /><br /> +</p> + +<p class="indx2"> +Schuyler, General Philip, his departure from Philadelphia as general envied by John Adams, <a href="#Page_154">154</a>;<br /> +on committee of second Continental Congress, <a href="#Page_172">172</a>. +</p> +<p class="indx2"> +Shelton, Sarah, marries Patrick Henry, <a href="#Page_7">7</a>;<br /> +her death, <a href="#Page_189">189</a>. +</p> +<p class="indx2"> +Sherlock, Bishop Thomas, his sermons favorite reading of Henry, <a href="#Page_391">391</a>, <a href="#Page_394">394</a>. +</p> +<p class="indx2"> +Sherman, Roger, a member of first Continental Congress, <a href="#Page_108">108</a>. +</p> +<p class="indx2"> +Shippen, William, entertains delegates to Continental Congress, <a href="#Page_106">106</a>. +</p> +<p class="indx2"> +Slavery, opinions of Henry concerning, <a href="#Page_388">388-389</a>. +</p> +<p class="indx2"> +Simcoe, John Graves, a dashing partisan fighter, <a href="#Page_188">188</a>. +</p> +<p class="indx2"> +Smith, Rev. John Blair, condemns Henry’s agitation against ratifying the Constitution, <a href="#Page_317">317</a>. +</p> +<p class="indx2"> +Smith, Meriwether, opposes ratification of federal Constitution, <a href="#Page_320">320</a>. +</p> +<p class="indx2"> +Smith, Rev. William, meets John Adams at first Continental Congress, <a href="#Page_105">105</a>. +</p> +<p class="indx2"> +Spain, alliance with, desired by Henry in 1776, <a href="#Page_194">194</a>;<br /> +offers commercial privileges in return for abandonment of Mississippi navigation, <a href="#Page_307">307</a>. +</p> +<p class="indx2"> +Speece, Rev. Conrad, describes Henry’s eloquence in a murder trial, <a href="#Page_378">378-381</a>. +</p> +<p class="indx2"> +Spotswood, Alexander, grandfather of Henry’s second wife, <a href="#Page_241">241</a>. +</p> +<p class="indx2"> +Sprout, Rev. ——, meets John Adams at first Continental Congress, <a href="#Page_105">105</a>. +</p> +<p class="indx2"> +Stamp Act, protested against by Virginia Assembly, <a href="#Page_65">65</a>;<br /> +discussion whether to resist or submit after its passage, <a href="#Page_66">66</a>, <a href="#Page_67">67</a>;<br /> +<span class="pgnm"><a name="Page_451" id="Page_451">[Pg 451]</a></span> +resolutions against, introduced by Henry, <a href="#Page_69">69</a>, <a href="#Page_71">71</a>;<br /> +debate over, <a href="#Page_71">71-74</a>;<br /> +passage, reconsideration, and amendment, <a href="#Page_75">75</a>, <a href="#Page_76">76</a>;<br /> +influence in rousing other colonies against, <a href="#Page_77">77-88</a>. +</p> +<p class="indx2"> +Stamp Act Congress, proposed by Massachusetts, <a href="#Page_80">80</a>;<br /> +its success caused by Virginia resolutions, <a href="#Page_81">81 ff.</a> +</p> +<p class="indx2"> +Stark, John, his victory in 1777 at Bennington, <a href="#Page_240">240</a>. +</p> +<p class="indx2"> +State sovereignty, declared to be abolished by Henry before 1774, <a href="#Page_111">111</a>, <a href="#Page_112">112</a>;<br /> +its preservation demanded by Virginia in any confederation, <a href="#Page_197">197</a>;<br /> +not advocated in its extreme form by Henry during Revolution and Confederation, <a href="#Page_303">303-306</a>;<br /> +considered by Henry to be threatened by federal Constitution, <a href="#Page_324">324-330</a>;<br /> +expressly reserved by convention in ratifying, <a href="#Page_331">331</a>. +</p> +<p class="indx2"> +Stephen, Adam, on committee for arming Virginia militia, <a href="#Page_151">151</a>;<br /> +taunts Henry in ratifying convention of 1788, <a href="#Page_335">335</a>. +</p> +<p class="indx2"> +Steptoe, Dr. ——, meets John Adams at first Continental Congress, <a href="#Page_106">106</a>. +</p> +<p class="indx2"> +Sullivan, John, at first Continental Congress, <a href="#Page_108">108</a>;<br /> +answers Henry’s speech in first day’s debate, <a href="#Page_110">110</a>. +</p> +<p class="indx2"> +Syme, Mrs. Sarah, described by Colonel William Byrd, <a href="#Page_1">1</a>, <a href="#Page_2">2</a>;<br /> +marries John Henry, <a href="#Page_2">2</a>;<br /> +mother of Patrick Henry, <a href="#Page_2">2</a>;<br /> +her family, <a href="#Page_4">4</a>;<br /> +letter mentioning his absence in Congress, <a href="#Page_126">126</a>;<br /> +her death and character, <a href="#Page_299">299</a>. +</p> +<p class="indx2"> +Syme, Colonel ——, step-brother of Henry, reported to have denied his complicity in dictatorship project, <a href="#Page_226">226</a>.<br /><br /> +</p> + +<p class="indx2"> +Tarleton, Sir Banastre, a dashing partisan fighter, <a href="#Page_188">188</a>;<br /> +sent by Cornwallis to capture Virginia legislature, <a href="#Page_279">279</a>;<br /> +nearly succeeds, <a href="#Page_280">280</a>. +</p> +<p class="indx2"> +Taylor, John, of Caroline, his pronunciation, <a href="#Page_11">11</a>. +</p> +<p class="indx2"> +Thacher, Oxenbridge, expresses his admiration for the Virginia Resolves, <a href="#Page_82">82</a>. +</p> +<p class="indx2"> +Thomson, Charles, the “Sam Adams” of Philadelphia, <a href="#Page_104">104</a>;<br /> +meets John Adams at Continental Congress, <a href="#Page_105">105</a>;<br /> +nominated for secretary, <a href="#Page_107">107</a>;<br /> +accepts position, <a href="#Page_108">108</a>, <a href="#Page_109">109</a>;<br /> +describes Henry’s first speech, <a href="#Page_109">109</a>. +</p> +<p class="indx2"> +Tillotson, Archbishop John, his sermons enjoyed by Henry, <a href="#Page_391">391</a>. +</p> +<p class="indx2"> +Tobacco, its use as currency and to pay salaries, <a href="#Page_37">37 ff.</a> +</p> +<p class="indx2"> +Tories, loathed by Henry, <a href="#Page_274">274</a>;<br /> +popular execration of, <a href="#Page_289">289</a>;<br /> +repeal of their exile favored by Henry, <a href="#Page_290">290-291</a>. +</p> +<p class="indx2"> +Tucker, St. George, describes debate on military resolutions in Virginia convention, <a href="#Page_137">137</a>;<br /> +describes motives of Henry’s opponents, <a href="#Page_137">137</a>;<br /> +describes his speech, <a href="#Page_143">143</a>, <a href="#Page_144">144</a>;<br /> +agreement of his version with Wirt’s, <a href="#Page_150">150</a>;<br /> +fears that Jefferson will be no more active than Henry, <a href="#Page_269">269</a>. +</p> +<p class="indx2"> +Tyler, Judge John, reports Henry’s narrative of his bar examination, <a href="#Page_24">24</a>, <a href="#Page_25">25</a>;<br /> +gives anecdote of Henry’s speech against Stamp Act, <a href="#Page_73">73</a>, <a href="#Footnote-69">note</a>;<br /> +said to have been author of Wirt’s version of Henry’s militia speech, <a href="#Page_150">150</a>;<br /> +with Henry in flight from Tarleton, <a href="#Page_281">281</a>, <a href="#Page_282">282</a>;<br /> +opposes Henry’s bill to relieve Tories, <a href="#Page_290">290</a>;<br /> +opposes ratification of federal Constitution, <a href="#Page_320">320</a>;<br /> +helps Henry in debate, <a href="#Page_320">320</a>.<br /><br /> +</p> + +<p class="indx2"> +Union of the colonies, advocated by Henry as necessary prelude to independence, <a href="#Page_194">194</a>, <a href="#Page_199">199</a>, <a href="#Page_304">304</a>.<br /><br /> +</p> + +<p class="indx2"> +Virginia, education in, <a href="#Page_5">5</a>, <a href="#Page_13">13</a>;<br /> +dialects in, <a href="#Page_11">11</a>;<br /> +society in, <a href="#Page_21">21</a>;<br /> +church government in, <a href="#Page_37">37</a>;<br /> +pays ministers in tobacco, <a href="#Page_37">37</a>, <a href="#Page_38">38</a>;<br /> +makes vestry liable for salary, <a href="#Page_39">39</a>;<br /> +passes option laws to prevent clergy from profiting from high price of tobacco, <a href="#Page_40">40</a>, <a href="#Page_41">41</a>;<br /> +injustice of action, <a href="#Page_42">42</a>;<br /> +popularity of laws in, <a href="#Page_43">43</a>;<br /> +popular reluctance to grant clergy legal redress, <a href="#Page_44">44</a>, <a href="#Page_45">45</a>, <a href="#Page_48">48</a>;<br /> +the Parsons’ Cause, <a href="#Page_46">46-55</a>;<br /> +enthusiasm in, for eloquence, <a href="#Page_60">60</a>;<br /> +popular affection for Henry begun by Parsons’ Cause, <a href="#Page_59">59</a>, <a href="#Page_60">60</a>;<br /> +repudiation of Stamp Act, <a href="#Page_66">66-76</a>;<br /> +old leaders of, displaced by Henry, <a href="#Page_66">66</a>, <a href="#Page_71">71</a>, <a href="#Page_88">88</a>, <a href="#Page_89">89</a>;<br /> +<span class="pgnm"><a name="Page_452" id="Page_452">[Pg 452]</a></span> +officials of, angered by Henry’s resolutions, <a href="#Page_86">86</a>;<br /> +popular enthusiasm for Henry, <a href="#Page_88">88</a>, <a href="#Page_89">89</a>;<br /> +courts in, closed by Revolution, <a href="#Page_92">92</a>;<br /> +conservative and radical parties in, <a href="#Page_95">95</a>;<br /> +practical unanimity of opinion, <a href="#Page_95">95</a>, <a href="#Page_96">96</a>;<br /> +its influence in Continental Congress, <a href="#Page_113">113</a>;<br /> +officers of its militia prepared for war, <a href="#Page_131">131</a>;<br /> +raises militia in various counties, <a href="#Page_131">131</a>, <a href="#Page_133">133</a>, <a href="#Page_136">136</a>;<br /> +first overt act of war in, committed by Henry, <a href="#Page_155">155</a>;<br /> +popular indignation at Dunmore’s seizure of gunpowder, <a href="#Page_157">157</a>;<br /> +its volunteer companies persuaded not to attack him, <a href="#Page_157">157</a>;<br /> +expedition led by Henry forces Dunmore to make restitution, <a href="#Page_158">158-160</a>;<br /> +outbreak of popular approval of Henry’s action, <a href="#Page_164">164-167</a>;<br /> +defense of, intrusted to Henry under Committee of Safety, <a href="#Page_177">177</a>;<br /> +operations of Dunmore in, <a href="#Page_178">178</a>, <a href="#Page_179">179</a>;<br /> +its troops defeat him, <a href="#Page_179">179</a>, <a href="#Page_180">180</a>;<br /> +indignation among them at Henry’s treatment by Committee of Safety, <a href="#Page_181">181-184</a>;<br /> +celebrates with enthusiasm the resolution in favor of independence, <a href="#Page_199">199</a>;<br /> +effect of its example, <a href="#Page_200">200</a>;<br /> +aristocratic and democratic parties in, <a href="#Page_200">200-202</a>;<br /> +Virginia troops congratulate Henry on election as governor, <a href="#Page_214">214</a>;<br /> +high ideal held by Virginians of dignity of governor, <a href="#Page_219">219</a>, <a href="#Page_300">300</a>;<br /> +danger of attacks upon State urged by Washington, <a href="#Page_221">221</a>;<br /> +prepares for defense, <a href="#Page_222">222</a>, <a href="#Page_223">223</a>;<br /> +efforts of Henry to recruit in, <a href="#Page_237">237</a>, <a href="#Page_238">238</a>;<br /> +receives great demands for supplies, <a href="#Page_241">241</a>;<br /> +popular opinion condemns R. H. Lee for hostility to Washington, <a href="#Page_252">252</a>, <a href="#Page_253">253</a>;<br /> +decay of military spirit in, <a href="#Page_253">253</a>, <a href="#Page_254">254</a>;<br /> +ravaged by Matthews and Collier, <a href="#Page_257">257</a>, <a href="#Page_264">264-267</a>;<br /> +sends Clark’s successful expedition into Northwest, <a href="#Page_258">258-260</a>;<br /> +decline of patriotism in, <a href="#Page_274">274</a>;<br /> +ravaged by Arnold and Phillips, <a href="#Page_278">278</a>;<br /> +great antipathy in, to project of abandoning Mississippi navigation, <a href="#Page_308">308</a>;<br /> +majority of people at outset favor Constitution, <a href="#Page_315">315</a>;<br /> +effect of Henry’s exertions in turning tide, <a href="#Page_316">316</a>, <a href="#Page_317">317</a>;<br /> +supposed disunion feeling, <a href="#Page_317">317</a>;<br /> +importance Of Virginia’s action, <a href="#Page_318">318</a>;<br /> +party divisions in State, <a href="#Page_319">319</a>, <a href="#Page_320">320</a>;<br /> +party divisions and leaders in convention, <a href="#Page_320">320</a>;<br /> +influence of Virginia’s demands in forcing Congress to propose ten amendments, <a href="#Page_355">355</a>, <a href="#Page_356">356</a>;<br /> +prepares to resist government at time of alien and sedition laws, <a href="#Page_408">408</a>;<br /> +its leaders condemned by Henry, <a href="#Page_409">409</a>;<br /> +its policy deplored by Washington, <a href="#Page_413">413</a>. +</p> +<p class="indx2"> +Virginia resolutions of 1765, <a href="#Page_69">69-75</a>;<br /> +their effect, <a href="#Page_77">77-89</a>.<br /> +See Legislature of Virginia, and Stamp Act, authorship of, <a href="#Page_83">83-85</a>. +</p> +<p class="indx2"> +Virginia resolutions of 1798, written by Madison, <a href="#Page_408">408</a>;<br /> +condemned by Henry as unconstitutional, <a href="#Page_417">417</a>, <a href="#Page_418">418</a>.<br /><br /> +</p> + +<p class="indx2"> +Walker, Benjamin, sent by Henry to Washington as secret messenger, <a href="#Page_236">236</a>;<br /> +taken by Washington as an aide-de-camp, <a href="#Page_237">237</a>. +</p> +<p class="indx2"> +Walker, Jeremiah, moderator of Baptist convention, <a href="#Page_217">217</a>. +</p> +<p class="indx2"> +Walker, Thomas, defendant in British debts case, <a href="#Page_360">360</a>. +</p> +<p class="indx2"> +Ward, Samuel, meets John Adams at first Continental Congress, <a href="#Page_105">105</a>;<br /> +debates question of manner of voting, <a href="#Page_112">112</a>;<br /> +chairman of committee of the whole in second Continental Congress, <a href="#Page_171">171</a>. +</p> +<p class="indx2"> +Warrington, Rev. Thomas, brings suit for damages after annulling of option law, <a href="#Page_44">44</a>. +</p> +<p class="indx2"> +Washington, George, appointed delegate to Continental Congress, <a href="#Page_99">99</a>;<br /> +describes journey, <a href="#Page_101">101</a>;<br /> +described by Atkinson, <a href="#Page_102">102</a>;<br /> +on committee for arming Virginia militia, <a href="#Page_151">151</a>;<br /> +on other committees, <a href="#Page_152">152</a>;<br /> +his military command envied by Hancock and Adams, <a href="#Page_154">154</a>;<br /> +notified by Virginia troops of readiness to attack Dunmore, <a href="#Page_157">157</a>;<br /> +letter of Henry to, recommending Frazer, <a href="#Page_175">175</a>;<br /> +thanked by Virginia convention, <a href="#Page_176">176</a>;<br /> +doubts Henry’s fitness to command in the field, <a href="#Page_186">186</a>;<br /> +his defeats in 1776, <a href="#Page_221">221</a>;<br /> +congratulates Henry on his election as governor, <a href="#Page_221">221</a>;<br /> +warns him against British raids, <a href="#Page_221">221</a>;<br /> +<span class="pgnm"><a name="Page_453" id="Page_453">[Pg 453]</a></span> +letter of Carter to, sneering at Henry, <a href="#Page_222">222</a>, <a href="#Page_223">223</a>;<br /> +receives extraordinary powers from Congress, <a href="#Page_227">227</a>;<br /> +called a dictator in 1781, <a href="#Page_229">229</a>;<br /> +surprises Hessians at Trenton, <a href="#Page_235">235</a>;<br /> +his situation in 1777, <a href="#Page_236">236</a>;<br /> +embarrassed by Henry’s sending Walker to observe the army, <a href="#Page_236">236</a>, <a href="#Page_237">237</a>;<br /> +letter of Henry to, on military situation in Virginia, <a href="#Page_238">238</a>;<br /> +his movements in 1777-1778, <a href="#Page_240">240</a>, <a href="#Page_241">241</a>;<br /> +Conway cabal formed against, <a href="#Page_242">242</a>;<br /> +attacked in anonymous letter to Henry, <a href="#Page_244">244</a>, <a href="#Page_245">245</a>;<br /> +receives two letters of warning from Henry on the subject, <a href="#Page_245">245-248</a>;<br /> +his grateful replies to Henry’s letters, <a href="#Page_248">248-250</a>;<br /> +describes Dr. Rush as author of the anonymous letter, <a href="#Page_249">249</a>, <a href="#Page_250">250</a>;<br /> +describes other members of cabal, <a href="#Page_250">250</a>;<br /> +his deep friendship for Henry, <a href="#Page_251">251</a>, <a href="#Page_252">252</a>;<br /> +letter of Henry to, describing Indian troubles, <a href="#Page_263">263</a>;<br /> +repeatedly praises Henry’s activity and assistance, <a href="#Page_269">269</a>, <a href="#Page_270">270</a>;<br /> +considered as possible dictator in 1781, <a href="#Page_286">286</a>;<br /> +asks Henry’s advice concerning shares in canal companies, <a href="#Page_300">300</a>, <a href="#Page_301">301</a>;<br /> +receives Henry’s replies, <a href="#Page_301">301</a>, <a href="#Page_302">302</a>;<br /> +told by Madison of Henry’s change of opinion relative to strengthening the Confederation, <a href="#Page_310">310</a>, <a href="#Page_311">311</a>;<br /> +sends copy of new Constitution to Henry, <a href="#Page_313">313</a>;<br /> +his reply, <a href="#Page_313">313</a>;<br /> +assured that Henry will not prevent a convention in Virginia, <a href="#Page_314">314</a>;<br /> +not in Virginia ratifying convention, <a href="#Page_319">319</a>;<br /> +grieved by Henry’s persistent opposition, <a href="#Page_341">341</a>;<br /> +letters of Madison to, on Henry’s opposition to Constitution, <a href="#Page_343">343</a>;<br /> +rejoices that Henry will submit, yet fears his opposition, <a href="#Page_344">344</a>, <a href="#Page_346">346</a>;<br /> +his administration at first criticised then approved by Henry, <a href="#Page_397">397</a>;<br /> +reconciled to Henry by Lee, <a href="#Page_399">399-401</a>;<br /> +expresses unabated regard for him, <a href="#Page_399">399</a>;<br /> +receives Henry’s warm reply, <a href="#Page_400">400</a>, <a href="#Page_401">401</a>;<br /> +offers Henry secretaryship of state, <a href="#Page_402">402</a>;<br /> +offers him the chief-justiceship, <a href="#Page_403">403</a>;<br /> +appointed to command provisional army, <a href="#Page_407">407</a>;<br /> +appeals to Henry to leave retirement to combat Virginia Democratic party, <a href="#Page_413">413</a>, <a href="#Page_414">414</a>. +</p> +<p class="indx2"> +Webster, Daniel, his interview with Jefferson concerning Henry, <a href="#Page_10">10</a>, <a href="#Page_23">23</a>. +</p> +<p class="indx2"> +White, Rev. Alexander, brings suit for damages after annulling of option law, <a href="#Page_45">45</a>. +</p> +<p class="indx2"> +William and Mary College, studies of Jefferson at, <a href="#Page_22">22</a>. +</p> +<p class="indx2"> +Williams, John, clerk of Baptist convention in Virginia, <a href="#Page_217">217</a>. +</p> +<p class="indx2"> +Wilson, James, member of second Continental Congress, on committees, <a href="#Page_172">172</a>, <a href="#Page_174">174</a>. +</p> +<p class="indx2"> +Winston, William, uncle of Patrick Henry, his eloquence, <a href="#Page_5">5</a>. +</p> +<p class="indx2"> +Winston, ——, judges murder case, <a href="#Page_376">376</a>. +</p> +<p class="indx2"> +Winstons of Virginia, kinsmen of Patrick Henry, <a href="#Page_4">4</a>;<br /> +their characteristics, <a href="#Page_4">4</a>, <a href="#Page_5">5</a>. +</p> +<p class="indx2"> +Wirt, William, biographer of Henry, accepts Jefferson’s statements of his illiteracy, <a href="#Page_15">15</a>;<br /> +also his statements of his failure to gain a living as a lawyer, <a href="#Page_27">27</a>;<br /> +and his ignorance of law, <a href="#Page_29">29</a>;<br /> +describes Henry’s speech in the Parsons’ Cause, <a href="#Page_48">48-52</a>;<br /> +describes him as, in consequence of Stamp Act debate, the idol of Virginia, <a href="#Page_89">89</a>;<br /> +accepts Jefferson’s statement of Henry’s ignorance of law, <a href="#Page_94">94</a>;<br /> +says Henry was author of draft of address rejected by Congress, <a href="#Page_117">117</a>, <a href="#Page_122">122</a>;<br /> +error of his statement, <a href="#Page_118">118</a>;<br /> +his whole treatment of Henry’s part in Congress untrustworthy, <a href="#Page_119">119</a>, <a href="#Page_120">120</a>;<br /> +describes him as a mere declaimer, <a href="#Page_120">120</a>;<br /> +his mythical description of Henry’s opening speech, <a href="#Page_121">121</a>;<br /> +describes his insignificance after the opening day, <a href="#Page_122">122</a>;<br /> +his error due to taking Jefferson’s account, <a href="#Page_123">123</a>;<br /> +his version of Henry’s militia speech considered by some apocryphal, <a href="#Page_149">149</a>;<br /> +question of its genuineness, <a href="#Page_149">149</a>, <a href="#Page_150">150</a>;<br /> +accepts Jefferson’s story of a projected dictatorship, but doubts Henry’s connection, <a href="#Page_226">226</a>;<br /> +accepts a similar story for 1781, <a href="#Page_285">285</a>;<br /> +considers Virginia bar the finest in United States, <a href="#Page_360">360</a>;<br /> +describes Henry’s method of argument, <a href="#Page_368">368</a>, <a href="#Page_369">369</a>;<br /> +<span class="pgnm"><a name="Page_454" id="Page_454">[Pg 454]</a></span> +gives false account of Henry’s religious views, <a href="#Page_391">391</a>. +</p> +<p class="indx2"> +Witherspoon, John, at first Continental Congress, <a href="#Page_106">106</a>;<br /> +instructor of Madison, <a href="#Page_190">190</a>. +</p> +<p class="indx2"> +Woodford, General William, commands Virginia troops in the field to exclusion of Henry, <a href="#Page_179">179</a>;<br /> +ignores him in his reports, <a href="#Page_180">180</a>;<br /> +defeats Dunmore at Great Bridge, <a href="#Page_180">180</a>;<br /> +permits Rowe of North Carolina to supersede himself, <a href="#Page_180">180</a>;<br /> +his officers, however, prefer Henry, <a href="#Page_183">183</a>;<br /> +letter of Pendleton to, on Henry’s unfitness to command, <a href="#Page_185">185</a>. +</p> +<p class="indx2"> +Wythe, George, one of Henry’s legal examiners, <a href="#Page_23">23</a>;<br /> +on committee to protest to England against Stamp Act, <a href="#Page_66">66</a>;<br /> +believes submission necessary, <a href="#Page_67">67</a>;<br /> +opposes Henry’s resolves, <a href="#Page_71">71</a>;<br /> +loses leadership to Henry, <a href="#Page_89">89</a>;<br /> +prominent at Virginia bar, <a href="#Page_93">93</a>;<br /> +leader of conservatives, <a href="#Page_95">95</a>;<br /> +in convention of 1776, <a href="#Page_190">190</a>;<br /> +favors ratification of federal Constitution, <a href="#Page_320">320</a>.<br /><br /> +</p> + +<p class="indx2"> +Young, Captain H., testimony concerning a proposed dictatorship in 1781, <a href="#Page_286">286</a>.<br /><br /> +</p> + +<p class="indx2"> +Zane, Isaac, on committee for arming Virginia militia, <a href="#Page_151">151</a>.<br /> +</p> + + + +<p><br /><br /></p><hr class="thirty" /><p><br /><br /></p> +<p class="adverts center hspr fh1">AMERICAN MEN OF<br /> +LETTERS</p> + + +<p class="adverts center">Biographies of our most eminent American Authors, written by +men who are themselves prominent in the field of letters.</p> + +<p class="adverts indx1"><i>The writers of these biographies are themselves Americans, generally familiar +with the surroundings in which their subjects lived and the conditions under which +their work was done. Hence the volumes are peculiar for the rare combination of +critical judgment with sympathetic understanding. Collectively, the series offers +a biographical history of American Literature.</i></p> + +<p class="adverts indx1 novert">WILLIAM CULLEN BRYANT. By <span class="smcap">John Bigelow.</span></p> +<p class="adverts indx1 novert">J. FENIMORE COOPER. By <span class="smcap">T. R. Lounsbury.</span></p> +<p class="adverts indx1 novert">GEORGE WILLIAM CURTIS. By <span class="smcap">Edward Cary.</span></p> +<p class="adverts indx1 novert">RALPH WALDO EMERSON. By <span class="smcap">Oliver Wendell Holmes.</span></p> +<p class="adverts indx1 novert">BENJAMIN FRANKLIN. By <span class="smcap">John Bach McMaster.</span></p> +<p class="adverts indx1 novert">NATHANIEL HAWTHORNE. <span class="smcap">By George E. Woodberry.</span></p> +<p class="adverts indx1 novert">WASHINGTON IRVING. By <span class="smcap">Charles Dudley Warner.</span></p> +<p class="adverts indx1 novert">SIDNEY LANIER. By <span class="smcap">Edwin Mims.</span></p> +<p class="adverts indx1 novert">THOMAS BAILEY ALDRICH. By <span class="smcap">Ferris Greenslet.</span></p> +<p class="adverts indx1 novert">HENRY W. LONGFELLOW. By <span class="smcap">T. W. Higginson.</span></p> +<p class="adverts indx1 novert">JAMES RUSSELL LOWELL. By <span class="smcap">Ferris Greenslet.</span></p> +<p class="adverts indx1 novert">FRANCIS PARKMAN. By <span class="smcap">H. D. Sedgwick.</span></p> +<p class="adverts indx1 novert">EDGAR ALLAN POE. By <span class="smcap">George E. Woodberry.</span></p> +<p class="adverts indx1 novert">WILLIAM HICKLING PRESCOTT. By <span class="smcap">Rollo Ogden.</span></p> +<p class="adverts indx1 novert">WILLIAM GILMORE SIMMS. By <span class="smcap">William P. Trent.</span></p> +<p class="adverts indx1 novert">NOAH WEBSTER. By <span class="smcap">Horace E. Scudder.</span></p> +<p class="adverts indx1 novert">WALT WHITMAN. By <span class="smcap">Bliss Perry.</span></p> +<p class="adverts indx1 novert">JOHN GREENLEAF WHITTIER. By <span class="smcap">Geo. R. Carpenter.</span></p> +<p class="adverts indx1 novert">NATHANIEL PARKER WILLIS. By <span class="smcap">Henry A. Beers.</span></p> + + +<p class="adverts center"><br /><i>Other titles to be added.</i><br /></p> + + +<p class="adverts center fh2"><br />HOUGHTON MIFFLIN COMPANY<br /></p> + +<p><br /><br /></p><hr class="thirty" /><p><br /><br /></p> + +<div class="adtitle"> +<p class="hspr novert fh1">AMERICAN</p> +<p class="hspr fh1 novert right">COMMONWEALTHS</p> +</div> + +<p class="adverts center">Volumes devoted to such States of the Union as have a striking +political, social, or economic history.</p> + +<p class="adverts indx1"><i>The books which form this series are scholarly and readable individually; +collectively, the series, when completed, will present a history of the nation, setting +forth in lucid and vigorous style the varieties of government and of social life to +be found in the various commonwealths included in the federal union.</i></p> + +<p class="adverts indx1 novert"> +CALIFORNIA. By <span class="smcap"> Josiah Royce.</span></p> +<p class="adverts indx1 novert"> +CONNECTICUT. By <span class="smcap"> Alexander Johnston.</span> (Revised Ed.)</p> +<p class="adverts indx1 novert"> +INDIANA. By <span class="smcap">J. P. Dunn, Jr</span> (Revised Edition.)</p> +<p class="adverts indx1 novert"> +KANSAS. By <span class="smcap">Leverett W. Spring.</span> (Revised Edition.)</p> +<p class="adverts indx1 novert"> +KENTUCKY. By <span class="smcap"> Nathaniel Southgate Shaler.</span></p> +<p class="adverts indx1 novert"> +LOUISIANA. By <span class="smcap"> Albert Phelps.</span></p> +<p class="adverts indx1 novert"> +MARYLAND. By <span class="smcap">William Hand Browne.</span> (Revised Ed.)</p> +<p class="adverts indx1 novert"> +MICHIGAN. By <span class="smcap">Thomas M. Cooley.</span> (Revised Edition.)</p> +<p class="adverts indx1 novert"> +MINNESOTA. By <span class="smcap">Wm. W. Folwell.</span></p> +<p class="adverts indx1 novert"> +MISSOURI. By <span class="smcap">Lucien Carr.</span></p> +<p class="adverts indx1 novert"> +NEW HAMPSHIRE. By <span class="smcap">Frank B. Sanborn.</span></p> +<p class="adverts indx1 novert"> +NEW YORK. By <span class="smcap">Ellis H. Roberts.</span> 2 vols. (Revised Ed.)</p> +<p class="adverts indx1 novert"> +OHIO. By <span class="smcap">Rufus King.</span> (Revised Edition.)</p> +<p class="adverts indx1 novert"> +RHODE ISLAND. By <span class="smcap">Irving B. Richman.</span></p> +<p class="adverts indx1 novert"> +TEXAS. By <span class="smcap">George P. Garrison.</span></p> +<p class="adverts indx1 novert"> +VERMONT. By <span class="smcap">Rowland E. Robinson.</span></p> +<p class="adverts indx1 novert"> +VIRGINIA. By <span class="smcap">John Esten Cooke.</span> (Revised Edition.)</p> +<p class="adverts indx1 novert"> +WISCONSIN. By <span class="smcap">Reuben Gold Thwaites.</span></p> + +<p class="adverts center"><br /><i>In preparation</i><br /></p> + +<p class="adverts indx1 novert"> +GEORGIA. By <span class="smcap">Ulrich B. Phillips.</span></p> +<p class="adverts indx1 novert"> +ILLINOIS. By <span class="smcap">John H. Finley.</span></p> +<p class="adverts indx1 novert"> +IOWA. By <span class="smcap">Albert Shaw.</span></p> +<p class="adverts indx1 novert"> +MASSACHUSETTS. By <span class="smcap">Edward Channing.</span></p> +<p class="adverts indx1 novert"> +NEW JERSEY. By <span class="smcap">Austin Scott.</span></p> +<p class="adverts indx1 novert"> +OREGON. By <span class="smcap">F. H. Hodder.</span></p> +<p class="adverts indx1 novert"> +PENNSYLVANIA. By <span class="smcap">Talcott Williams.</span></p> + +<p class="adverts center fh2"><br />HOUGHTON MIFFLIN COMPANY<br /></p> + + +<p><br /><br /></p><hr class="thirty" /><p><br /><br /></p> + +<p class="adverts center hspr fh1">AMERICAN STATESMEN</p> + +<p class="adverts center">Biographies of Men famous in the Political History of the United +States. Edited by John T. Morse, Jr.</p> + +<p class="adverts indx1"><i>Separately they are interesting and entertaining biographies of our most eminent +public men; as a series they are especially remarkable as constituting a +history of American politics and policies more complete and more useful for instruction +and reference than any that I am aware of.</i>—<span class="smcap">Hon. John W. Griggs</span>, +Ex-United States Attorney-General.</p> + +<p class="adverts indx1 novert"> +BENJAMIN FRANKLIN. By <span class="smcap">John T. Morse, Jr.</span></p> +<p class="adverts indx1 novert"> +SAMUEL ADAMS. By <span class="smcap">James K. Hosmer.</span></p> +<p class="adverts indx1 novert"> +PATRICK HENRY. By <span class="smcap">Moses Coit Tyler.</span></p> +<p class="adverts indx1 novert"> +GEORGE WASHINGTON. By <span class="smcap">Henry Cabot Lodge.</span> 2 volumes.</p> +<p class="adverts indx1 novert"> +JOHN ADAMS. By <span class="smcap">John T. Morse, Jr.</span></p> +<p class="adverts indx1 novert"> +ALEXANDER HAMILTON. By <span class="smcap">Henry Cabot Lodge.</span></p> +<p class="adverts indx1 novert"> +GOUVERNEUR MORRIS. By <span class="smcap">Theodore Roosevelt.</span></p> +<p class="adverts indx1 novert"> +JOHN JAY. By <span class="smcap">George Pellew.</span></p> +<p class="adverts indx1 novert"> +JOHN MARSHALL. By <span class="smcap">Allan B. Magruder.</span></p> +<p class="adverts indx1 novert"> +THOMAS JEFFERSON. By <span class="smcap">John T. Morse, Jr.</span></p> +<p class="adverts indx1 novert"> +JAMES MADISON. By <span class="smcap">Sydney Howard Gay.</span></p> +<p class="adverts indx1 novert"> +ALBERT GALLATIN. By <span class="smcap">John Austin Stevens.</span></p> +<p class="adverts indx1 novert"> +JAMES MONROE. By <span class="smcap">D. C. Gilman.</span></p> +<p class="adverts indx1 novert"> +JOHN QUINCY ADAMS. By <span class="smcap">John T. Morse, Jr.</span></p> +<p class="adverts indx1 novert"> +JOHN RANDOLPH. By <span class="smcap">Henry Adams.</span></p> +<p class="adverts indx1 novert"> +ANDREW JACKSON. By <span class="smcap">W. G. Sumner.</span></p> +<p class="adverts indx1 novert"> +MARTIN VAN BUREN. By <span class="smcap">Edward W. Shepard.</span></p> +<p class="adverts indx1 novert"> +HENRY CLAY. By <span class="smcap">Carl Schurz.</span> 2 volumes.</p> +<p class="adverts indx1 novert"> +DANIEL WEBSTER. By <span class="smcap">Henry Cabot Lodge.</span></p> +<p class="adverts indx1 novert"> +JOHN C. CALHOUN. By <span class="smcap">Dr. H. Von Holst.</span></p> +<p class="adverts indx1 novert"> +THOMAS H. BENTON. By <span class="smcap">Theodore Roosevelt.</span></p> +<p class="adverts indx1 novert"> +LEWIS CASS. By <span class="smcap">Andrew C. McLaughlin.</span></p> +<p class="adverts indx1 novert"> +ABRAHAM LINCOLN. By <span class="smcap">John T. Morse, Jr.</span> 2 volumes.</p> +<p class="adverts indx1 novert"> +WILLIAM H. SEWARD. By <span class="smcap">Thornton K. Lothrop.</span></p> +<p class="adverts indx1 novert"> +SALMON P. CHASE. By <span class="smcap">Albert Bushnell Hart.</span></p> +<p class="adverts indx1 novert"> +CHARLES FRANCIS ADAMS. By <span class="smcap">C. F. Adams, Jr.</span></p> +<p class="adverts indx1 novert"> +CHARLES SUMNER. By <span class="smcap">Moorfield Storey.</span></p> +<p class="adverts indx1 novert"> +THADDEUS STEVENS. By <span class="smcap">Samuel W. McCall.</span></p> + + +<p class="adverts center"><br /><i>SECOND SERIES</i><br /></p> + +<p class="adverts center">Biographies of men particularly influential in the recent Political History of the +Nation.</p> + +<p class="adverts indx1"><i>This second series is intended to supplement the original list of American +Statesmen by the addition of the names of men who have helped to make the history +of the United States since the Civil War.</i></p> + +<p class="adverts indx1 novert"> +JAMES G. BLAINE. By <span class="smcap">Edward Stanwood.</span></p> +<p class="adverts indx1 novert"> +JOHN SHERMAN. By <span class="smcap">Theodore E. Burton.</span></p> +<p class="adverts indx1 novert"> +ULYSSES S. GRANT. By <span class="smcap">Samuel W. McCall.</span> In preparation.</p> + + +<p class="adverts center"><br /><i>Other interesting additions to the list to be made in the future.</i><br /></p> + +<p class="adverts center fh2"><br />HOUGHTON MIFFLIN COMPANY<br /></p> + + +<div class="footnotes"> + +<h2>Transcriber’s Note:</h2> + +<p>Inconsistent hyphenation and spelling have been retained as they +appear in the original book. Only the following possible misprints +have been changed for this etext:</p> + +<div class="action"><p><span class="pageno">Page iv</span>PRINTED IN THE U.S.A.<br />U.S.A changed to U.S.A.</p></div> + +<div class="action"><p><span class="pageno">Page xi</span>LIST OF PRINTED DOCUMENTS CITED IN THIS BOOK 424<br />added to Table of Contents</p></div> + +<div class="action"><p><span class="pageno">Page 28</span>being a needy dependent<br />dependant changed to dependent</p></div> + +<div class="action"><p><span class="pageno">Page 40</span>Perry, _Hist. Coll._ i. 508, 509.<br />comma added between 508 and 509</p></div> + +<div class="action"><p><span class="pageno">Page 145</span>What would they have?<br />what changed to What</p></div> + +<div class="action"><p><span class="pageno">Page 268</span>opportunity of deliberating upon<br />opportuity changed to opportunity</p></div> + +<div class="action"><p><span class="pageno">Page 278</span>General Greene at Guilford, in North Carolina<br />Guildford changed to Guilford</p></div> + +<div class="action"><p><span class="pageno">Page 284</span>Furthermore, as soon as possible after breakfast<br />Futhermore changed to Furthermore</p></div> + +<div class="action"><p><span class="pageno">Page 351</span>expedients common on such occasions<br />occassions changed to occasions</p></div> + +<div class="action"><p><span class="pageno">Page 383</span>embarrassments was not due alone<br />embarassments changed to embarrassments</p></div> + +<div class="action"><p><span class="pageno">Page 420</span>mass of unwhipped hyperboles<br />hyberbole changed to hyperbole</p></div> + +<div class="action"><p><span class="pageno">Page 432</span>Breckenridge, ----,<br />Breckinridge changed to Breckenridge</p></div> + +<div class="action"><p><span class="pageno">Page 442</span>Absence of self-consciousness<br />conciousness changed to consciousness</p></div> + +<div class="action"><p><span class="pageno">Page 442</span>Holt, James, on committee of Virginia convention<br />Virgia changed to Virginia</p></div> + +<div class="action"><p><span class="pageno">Page 449</span>Randolph, John, of Roanoke<br />Roanoake change to Roanoke</p></div> + +</div> + +<p> </p> +<p> </p> +<hr class="full" /> +<p>***END OF THE PROJECT GUTENBERG EBOOK PATRICK HENRY***</p> +<p>******* This file should be named 29368-h.txt or 29368-h.zip *******</p> +<p>This and all associated files of various formats will be found in:<br /> +<a href="http://www.gutenberg.org/dirs/2/9/3/6/29368">http://www.gutenberg.org/2/9/3/6/29368</a></p> +<p>Updated editions will replace the previous one--the old editions +will be renamed.</p> + +<p>Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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For +example an eBook of filename 10234 would be found at: + +http://www.gutenberg.org/dirs/1/0/2/3/10234 + +or filename 24689 would be found at: +http://www.gutenberg.org/dirs/2/4/6/8/24689 + +An alternative method of locating eBooks: +<a href="http://www.gutenberg.org/dirs/GUTINDEX.ALL">http://www.gutenberg.org/dirs/GUTINDEX.ALL</a> + +*** END: FULL LICENSE *** +</pre> +</body> +</html> diff --git a/29368-h/images/logo.png b/29368-h/images/logo.png Binary files differnew file mode 100644 index 0000000..e9bf052 --- /dev/null +++ b/29368-h/images/logo.png diff --git a/29368.txt b/29368.txt new file mode 100644 index 0000000..cedb193 --- /dev/null +++ b/29368.txt @@ -0,0 +1,14942 @@ +The Project Gutenberg eBook, Patrick Henry, by Moses Coit Tyler + + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + + + + +Title: Patrick Henry + + +Author: Moses Coit Tyler + + + +Release Date: July 10, 2009 [eBook #29368] + +Language: English + +Character set encoding: ISO-646-US (US-ASCII) + + +***START OF THE PROJECT GUTENBERG EBOOK PATRICK HENRY*** + + +E-text prepared by Barbara Tozier, Bill Tozier, and the Project Gutenberg +Online Distributed Proofreading Team (http://www.pgdp.net) + + + +American Statesmen + +PATRICK HENRY + +by + +MOSES COIT TYLER + + + + + + + +Boston and New York +Houghton Mifflin Company +The Riverside Press Cambridge + +Copyright, 1887, by Moses Coit Tyler +Copyright, 1898, by Moses Coit Tyler And Houghton, Mifflin & Co. +Copyright, 1915, by Jeannette G. Tyler + +The Riverside Press +Cambridge . Massachusetts +Printed in the U.S.A. + + + + +PREFACE + + +In this book I have tried to embody the chief results derived from a +study of all the materials known to me, in print and in manuscript, +relating to Patrick Henry,--many of these materials being now used for +the first time in any formal presentation of his life. + +Notwithstanding the great popular interest attaching to the name of +Patrick Henry, he has hitherto been the subject of but one memoir +founded on original investigation, and that, of course, is the Life +by William Wirt. When it is considered, however, that Wirt's book was +finished as long ago as the year 1817,--before the time had fairly +come for the publication of the correspondence, diaries, personal +memoranda, and official records of every sort, illustrating the great +period covered by Patrick Henry's career,--it will be easy to infer +something as to the quantity and the value of those printed materials +bearing upon the subject, which are now to be had by us, but which +were not within the reach of Wirt. Accordingly, in his lack of much +of the detailed testimony that then lay buried in inaccessible +documents, Wirt had to trust largely to the somewhat imaginative +traditions concerning Patrick Henry which he found floating in the +air of Virginia; and especially to the supposed recollections of old +people,--recollections which, in this case, were nearly always vague, +not always disinterested, often inaccurate, and generally made up of +emotional impressions rather than of facts. Any one who will take the +trouble to ascertain the enormous disadvantages under which Wirt +wrote, and which, as we now know, gave him great discouragement, will +be inclined to applaud him for making so good a book, rather than to +blame him for not making a better one. + +It is proper for me to state that, besides the copious printed +materials now within reach, I have been able to make use of a large +number of manuscripts relating to my subject. Of these may be +specified a document, belonging to Cornell University, written by a +great-grandson of Patrick Henry, the late Rev. Edward Fontaine, and +giving, among other things, several new anecdotes of the great orator, +as told to the writer by his own father, Colonel Patrick Henry +Fontaine, who was much with Patrick Henry during the later years of +his life. I may add that, through the kindness of the Hon. William +Wirt Henry of Richmond, I have had access to the manuscripts which +were collected by Wirt for the purposes of his book, but were only in +part used by him. With unstinted generosity, Mr. Henry likewise placed +in my hands all the papers relating to his illustrious grandfather, +which, during the past thirty years or more, he has succeeded in +bringing together, either from different branches of the family, or +from other sources. A portion of the manuscripts thus accumulated by +him consists of copies of the letters, now preserved in the Department +of State, written by Patrick Henry, chiefly while governor of +Virginia, to General Washington, to the president of Congress, to +Virginia's delegation in Congress, and to the Board of War. + +In the very front of this book, therefore, I record my grateful +acknowledgments to Mr. William Wirt Henry; acknowledgments not alone +for the sort of generosity of which I have just spoken, but for +another sort, also, which is still more rare, and which I cannot so +easily describe,--his perfect delicacy, while promoting my more +difficult researches by his invaluable help, in never once encumbering +that help with the least effort to hamper my judgment, or to sway it +from the natural conclusions to which my studies might lead. + +Finally, it gives me pleasure to mention that, in the preparation of +this book, I have received courteous assistance from Mr. Theodore F. +Dwight and Mr. S. M. Hamilton of the library of the Department of +State; from the Rev. Professor W. M. Hughes, of Hobart College; and +from the Rev. Stephen H. Synnott, rector of St. John's, Ithaca. + + M. C. T. + +CORNELL UNIVERSITY, 3 June, 1887. + + + + +PREFACE + +TO REVISED EDITION + + +I have gladly used the opportunity afforded by a new edition of this +book to give the text a minute revision from beginning to end, and to +make numerous changes both in its substance and in its form. + +During the eleven years that have passed since it first came from the +press, considerable additions have been made to our documentary +materials for the period covered by it, the most important for our +purpose being the publication, for the first time, of the +correspondence and the speeches of Patrick Henry and of George Mason, +the former with a life, in three volumes, by William Wirt Henry, the +latter also with a life, in two volumes, by Kate Mason Rowland. +Besides procuring for my own pages whatever benefit I could draw from +these texts, I have tried, while turning over very frequently the +writings of Patrick Henry's contemporaries, to be always on the watch +for the means of correcting any mistakes I may have made concerning +him, whether as to fact or as to opinion. + +In this work of rectification I have likewise been aided by +suggestions from many persons, of whom I would particularly mention +the Right Rev. Joseph Blount Cheshire, Jr., D. D., Bishop of North +Carolina, and Mr. William Wirt Henry. + + M. C. T. + +CORNELL UNIVERSITY, 31 March, 1898 + + + + +CONTENTS + + CHAP. PAGE + I. EARLY YEARS 1 + II. WAS HE ILLITERATE? 10 + III. BECOMES A LAWYER 22 + IV. A CELEBRATED CASE 36 + V. FIRST TRIUMPHS AT THE CAPITAL 56 + VI. CONSEQUENCES 77 + VII. STEADY WORK 90 + VIII. IN THE FIRST CONTINENTAL CONGRESS 101 + IX. "AFTER ALL, WE MUST FIGHT" 128 + X. THE RAPE OF THE GUNPOWDER 153 + XI. IN CONGRESS AND IN CAMP 168 + XII. INDEPENDENCE 189 + XIII. FIRST GOVERNOR OF THE STATE OF VIRGINIA 214 + XIV. GOVERNOR A SECOND TIME 240 + XV. THIRD YEAR IN THE GOVERNORSHIP 257 + XVI. AT HOME AND IN THE HOUSE OF DELEGATES 271 + XVII. SHALL THE CONFEDERATION BE MADE STRONGER? 298 + XVIII. THE BATTLE IN VIRGINIA OVER THE NEW CONSTITUTION 313 + XIX. THE AFTER-FIGHT FOR AMENDMENTS 339 + XX. LAST LABORS AT THE BAR 357 + XXI. IN RETIREMENT 382 + XXII. LAST DAYS 407 + LIST OF PRINTED DOCUMENTS CITED IN THIS BOOK 424 + INDEX 431 + + + + +PATRICK HENRY + + + + +CHAPTER I + +EARLY YEARS + + +On the evening of October 7, 1732, that merry Old Virginian, Colonel +William Byrd of Westover, having just finished a journey through King +William County for the inspection of his estates, was conducted, for +his night's lodging, to the house of a blooming widow, Mistress Sarah +Syme, in the county of Hanover. This lady, at first supposing her guest +to be some new suitor for her lately disengaged affections, "put on a +Gravity that becomes a Weed;" but so soon as she learned her mistake +and the name of her distinguished visitor, she "brighten'd up into an +unusual cheerfulness and Serenity. She was a portly, handsome Dame, of +the Family of Esau, and seem'd not to pine too much for the Death of +her Husband, who was of the Family of the Saracens.... This widow is a +person of a lively & cheerful Conversation, with much less Reserve than +most of her Countrywomen. It becomes her very well, and sets off her +other agreeable Qualities to Advantage. We tost off a Bottle of honest +Port, which we relisht with a broil'd Chicken. At Nine I retir'd to my +Devotions, And then Slept so Sound that Fancy itself was Stupify'd, +else I shou'd have dreamt of my most obliging Landlady." The next day +being Sunday, "the courteous Widow invited me to rest myself there that +good day, and go to Church with Her, but I excus'd myself by telling +her she wou'd certainly spoil my Devotion. Then she civilly entreated +me to make her House my Home whenever I visited my Plantations, which +made me bow low, and thank her very kindly."[1] + +Not very long after that notable visit, the sprightly widow gave her +hand in marriage to a young Scotchman of good family, John Henry, of +Aberdeen, a protege and probably a kinsman of her former husband; and +continuing to reside on her estate of Studley, in the county of +Hanover, she became, on May 29, 1736, the mother of Patrick Henry. + +Through the lineage of both his parents, this child had some claim to +an inheritance of brains. The father, a man of firm and sound +intellect, had been liberally educated in Scotland; among the country +gentlemen of his neighborhood in Virginia, he was held in high esteem +for superior intelligence and character, as is shown by the positions +he long held of county surveyor, colonel of his regiment, and +presiding judge of the county court; while he could number among his +near kinsmen at home several persons of eminence as divines, orators, +or men of letters,--such as his uncle, William Robertson, minister of +Borthwick in Mid Lothian and afterward of the Old Greyfriars' Church +in Edinburgh; his cousin, David Henry, the successor of Edward Cave in +the management of the "Gentleman's Magazine;" and especially his +cousin, William Robertson, principal of the University of Edinburgh, +and author of the "History of the Reign of the Emperor Charles V." +Moreover, among the later paternal relatives of Patrick Henry may be +mentioned one person of oratorical and forensic genius very brilliant +and in quality not unlike his own. Patrick Henry's father was second +cousin to that beautiful Eleanor Syme of Edinburgh, who, in 1777, +became the wife of Henry Brougham of Brougham Hall, Westmoreland. +Their eldest son was Lord Brougham, who was thus the third cousin of +Patrick Henry. To some it will perhaps seem not a mere caprice of +ingenuity to discover in the fiery, eccentric, and truculent eloquence +of the great English advocate and parliamentary orator a family +likeness to that of his renowned American kinsman; or to find in the +fierceness of the champion of Queen Caroline against George IV., and +of English anti-slavery reform and of English parliamentary reform +against aristocratic and commercial selfishness, the same bitter and +eager radicalism that burned in the blood of him who, on this side of +the Atlantic, was, in popular oratory, the great champion of the +colonies against George III., and afterward of the political autonomy +of the State of Virginia against the all-dominating centralization +which he saw coiled up in the projected Constitution of the United +States.[2] + +Those, however, who knew the mother of Patrick Henry, and her family, +the Winstons, were accustomed to think that it was from her side of +the house that he derived the most characteristic traits not only of +his genius, but of his disposition. The Winstons of Virginia were of +Welsh stock; a family marked by vivacity of spirit, conversational +talent, a lyric and dramatic turn, a gift for music and for eloquent +speech, at the same time by a fondness for country life, for +inartificial pleasures, for fishing and hunting, for the solitude and +the unkempt charms of nature. It was said, too, of the Winstons that +their talents were in excess of their ambition or of their energy, and +were not brought into use except in a fitful way, and under the +stimulus of some outward and passing occasion. They seem to have +belonged to that very considerable class of persons in this world of +whom more might have been made. Especially much talk used to be heard, +among old men in Virginia, of Patrick Henry's uncle, his mother's own +brother, William Winston, as having a gift of eloquence dazzling and +wondrous like Patrick's, nay, as himself unsurpassed in oratory among +all the great speakers of Virginia except by Patrick himself.[3] + +The system of education prevailing in Virginia during Patrick Henry's +early years was extremely simple. It consisted of an almost entire +lack of public schools, mitigated by the sporadic and irregular +exercise of domestic tuition. Those who could afford to import +instruction into their homes got it, if they desired; those who could +not, generally went without. As to the youthful Patrick, he and +education never took kindly to each other. From nearly all quarters +the testimony is to this effect,--that he was an indolent, dreamy, +frolicsome creature, with a mortal enmity to books, supplemented by a +passionate regard for fishing-rods and shot-guns; disorderly in dress, +slouching, vagrant, unambitious; a roamer in woods, a loiterer on +river-banks; having more tastes and aspirations in common with +trappers and frontiersmen than with the toilers of civilized life; +giving no hint nor token, by word or act, of the possession of any +intellectual gift that could raise him above mediocrity, or even up to +it. + +During the first ten years of his life, he seems to have made, at a +small school in the neighborhood, some small and reluctant progress +into the mysteries of reading, writing, and arithmetic; whereupon his +father took personal charge of the matter, and conducted his further +education at home, along with that of other children, being aided in +the task by the very competent help of a brother, the Rev. Patrick +Henry, rector of St. Paul's parish, in Hanover, and apparently a good +Scotch classicist. In this way our Patrick acquired some knowledge of +Latin and Greek, and rather more knowledge of mathematics,--the latter +being the only branch of book-learning for which, in those days, he +showed the least liking. However, under such circumstances, with +little real discipline, doubtless, and amid plentiful interruptions, +the process of ostensible education went forward with the young man; +and even this came to an end by the time that he was fifteen years +old. + +At that age, he was duly graduated from the domestic schoolroom into +the shop of a country tradesman hard by. After an apprenticeship there +of a single year, his father set him up in trade, joining with him in +the conduct of a country store his elder brother, William, a youth +more indolent, if possible, as well as more disorderly and +uncommercial, than Patrick himself. One year of this odd partnership +brought the petty concern to its inevitable fate. Just one year after +that, having attained the ripe age of eighteen, and being then +entirely out of employment, and equally out of money, Patrick rounded +out his embarrassments, and gave symmetry to them, as it were, by +getting married,--and that to a young woman quite as impecunious as +himself. The name of this damsel was Sarah Shelton; her father being a +small farmer, and afterward a small tavern-keeper in the neighborhood. +In the very rashness and absurdity of this proceeding on the part of +these two interesting young paupers, irresistibly smitten with each +other's charms, and mutually resolved to defy their own helplessness +by doubling it, there seems to have been a sort of semi-ludicrous +pathos which constituted an irresistible call for help. + +The parents on both sides heard the call, and by their joint efforts +soon established the young couple on a little farm near at hand, from +which, by their own toil, reenforced by that of half a dozen slaves, +they were expected to extort a living. This experiment, the success of +which depended on exactly those qualities which Patrick did not then +possess,--industry, order, sharp calculation, persistence,--turned out +as might have been predicted. At the end of two years he made a forced +sale of some of his slaves, and invested the proceeds in the stock of +a country store once more. But as he had now proved himself to be a +bad farmer, and a still worse merchant, it is not easy to divine by +what subtle process of reasoning he had been able to conclude that +there would be any improvement in his circumstances by getting out of +agriculture and back into merchandise. + +When he undertook this last venture he was still but a youth of +twenty. By the time that he was twenty-three, that is, by the autumn +of 1759, he had become convinced that his little store was to prove +for him merely a consumer of capital and a producer of bad debts; and +in view of the necessity of soon closing it, he had ample excuse for +taking into consideration what he should do next. Already was he the +happy father of sundry small children, with the most trustworthy +prospect of a steady enlargement and multiplication of his paternal +honors. Surely, to a man of twenty-three, a husband and a father, who, +from the age of fifteen, had been engaged in a series of enterprises +to gain his livelihood, and had perfectly failed in every one of them, +the question of his future means of subsistence must have presented +itself as a subject of no little pertinence, not to say urgency. +However, at that time Patrick seems to have been a young fellow of +superabounding health and of inextinguishable spirits, and even in +that crisis of his life he was able to deal gayly with its problems. +In that very year, 1759, Thomas Jefferson, then a lad of sixteen, and +on his way to the College of William and Mary, happened to spend the +Christmas holidays at the house of Colonel Nathan Dandridge, in +Hanover, and there first met Patrick Henry. Long afterward, recalling +these days, Jefferson furnished this picture of him:-- + + "Mr. Henry had, a little before, broken up his store, or + rather it had broken him up; but his misfortunes were not to + be traced either in his countenance or conduct." "During the + festivity of the season I met him in society every day, and + we became well acquainted, although I was much his + junior.... His manners had something of coarseness in them. + His passion was music, dancing, and pleasantry. He excelled + in the last, and it attached every one to him."[4] + +Shortly after Jefferson left those hilarious scenes for the somewhat +more restrained festivities of the little college at Williamsburg, +Patrick succeeded in settling in his own mind what he was going to do +next. He could not dig, so it seemed, neither could he traffic, but +perhaps he could talk. Why not get a living by his tongue? Why not be +a lawyer? + +But before we follow him through the gates of that superb +profession,--gates which, after some preliminary creaking of the +hinges, threw open to him the broad pathway to wealth, renown, +unbounded influence,--let us stop a moment longer on the outside, and +get a more distinct idea, if we can, of his real intellectual outfit +for the career on which he was about to enter. + + +FOOTNOTES: + +[1] _Byrd Manuscripts_, ii. 79, 80. + +[2] I have from private sources information that Brougham was aware of +his relationship to Patrick Henry, and that in recognition of it he +showed marked attentions to a grand-nephew of Patrick Henry, the late +W. C. Preston, of South Carolina, when the latter was in England. +Moreover, in his _Life and Times_, i. 17, 18, Brougham declares that +he derived from his maternal ancestors the qualities which lifted him +above the mediocrity that had always attached to his ancestors on the +paternal side. + +[3] Wirt, 3. + +[4] In a letter to Wirt, in 1815, _Life of Henry_, 14, 15; also +_Writings of Jefferson_, vi. 487, 488, where the letter is given, +apparently, from the first draft. + + + + +CHAPTER II + +WAS HE ILLITERATE? + + +Concerning the quality and extent of Patrick Henry's early education, +it is perhaps impossible now to speak with entire confidence. On the +one hand there seems to have been a tendency, in his own time and +since, to overstate his lack of education, and this partly, it may be, +from a certain instinctive fascination which one finds in pointing to +so dramatic a contrast as that between the sway which the great orator +wielded over the minds of other men and the untrained vigor and +illiterate spontaneity of his own mind. Then, too, it must be admitted +that, whatever early education Patrick Henry may have received, he +did, in certain companies and at certain periods of his life, rather +too perfectly conceal it under an uncouth garb and manner, and under a +pronunciation which, to say the least, was archaic and provincial. +Jefferson told Daniel Webster that Patrick Henry's "pronunciation was +vulgar and vicious," although, as Jefferson adds, this "was forgotten +while he was speaking."[5] Governor John Page "used to relate, on the +testimony of his own ears," that Patrick Henry would speak of "the +yearth," and of "men's naiteral parts being improved by larnin';"[6] +while Spencer Roane mentions his pronunciation of China as +"Cheena."[7] All this, however, it should be noted, does not prove +illiteracy. If, indeed, such was his ordinary speech, and not, as some +have suggested, a manner adopted on particular occasions for the +purpose of identifying himself with the mass of his hearers, the fact +is evidence merely that he retained through his mature life, on the +one hand, some relics of an old-fashioned good usage, and, on the +other, some traces of the brogue of the district in which he was born, +just as Edmund Pendleton used to say "scaicely" for scarcely, and as +John Taylor, of Caroline, would say "bare" for bar; just as Thomas +Chalmers always retained the brogue of Fifeshire, and Thomas Carlyle +that of Ecclefechan. Certainly a brogue can never be elegant, but as +it has many times coexisted with very high intellectual cultivation, +its existence in Patrick Henry does not prove him to have been +uncultivated. + +Then, too, it must be remembered that he himself had a habit of +depreciating his own acquaintance with books, and his own dependence +on them. He did this, it would seem, partly from a consciousness that +it would only increase his hold on the sympathy and support of the +mass of the people of Virginia if they should regard him as absolutely +one of themselves, and in no sense raised above them by artificial +advantages. Moreover, this habit of self-depreciation would be brought +into play when he was in conversation with such professed devourers of +books as John Adams and Jefferson, compared with whom he might very +properly feel an unfeigned conviction that he was no reader at all,--a +conviction in which they would be quite likely to agree with him, and +which they would be very likely to express. Thus, John Adams mentions +that, in the first intimacy of their friendship begun at the Congress +of 1774, the Virginian orator, at his lodgings, confessed one night +that, for himself, he had "had no public education;" that at fifteen +he had "read Virgil and Livy," but that he had "not looked into a +Latin book since."[8] Upon Jefferson, who of course knew Henry far +longer and far more closely, the impression of his disconnection from +books seems to have been even more decided, especially if we may +accept the testimony of Jefferson's old age, when his memory had taken +to much stumbling, and his imagination even more to extravagance than +in his earlier life. Said Jefferson, in 1824, of his ancient friend: +"He was a man of very little knowledge of any sort. He read nothing, +and had no books."[9] + +On the other hand, there are certain facts concerning Henry's early +education and intellectual habits which may be regarded as pretty +well established. Before the age of ten, at a petty neighborhood +school, he had got started upon the three primary steps of knowledge. +Then, from ten to fifteen, whatever may have been his own irregularity +and disinclination, he was member of a home school, under the +immediate training of his father and his uncle, both of them good +Scotch classical scholars, and one of them at least a proficient in +mathematics. No doubt the human mind, especially in its best estate of +juvenile vigor and frivolity, has remarkable aptitude for the +repulsion of unwelcome knowledge; but it can hardly be said that even +Patrick Henry's gift in that direction could have prevented his +becoming, under two such masters, tolerably well grounded in Latin, if +not in Greek, or that the person who at fifteen is able to read Virgil +and Livy, no matter what may be his subsequent neglect of Latin +authors, is not already imbued with the essential and indestructible +rudiments of the best intellectual culture. + +It is this early initiation, on the basis of a drill in Latin, into +the art and mystery of expression, which Patrick Henry received from +masters so competent and so deeply interested in him, which helps us +to understand a certain trait of his, which puzzled Jefferson, and +which, without this clue, would certainly be inexplicable. From his +first appearance as a speaker to the end of his days, he showed +himself to be something more than a declaimer,--indeed, an adept in +language. "I have been often astonished," said Jefferson, "at his +command of proper language; how he obtained the knowledge of it I +never could find out, as he read little, and conversed little with +educated men."[10] It is true, probably, that we have no perfect +report of any speech he ever made; but even through the obvious +imperfections of his reporters there always gleams a certain +superiority in diction,--a mastery of the logic and potency of fitting +words; such a mastery as genius alone, without special training, +cannot account for. Furthermore, we have in the letters of his which +survive, and which of course were generally spontaneous and quite +unstudied effusions, absolutely authentic and literal examples of his +ordinary use of words. Some of these letters will be found in the +following pages. Even as manuscripts, I should insist that the letters +of Patrick Henry are witnesses to the fact and quality of real +intellectual cultivation: these are not the manuscripts of an +uneducated person. In penmanship, punctuation, spelling, syntax, they +are, upon the whole, rather better than the letters of most of the +great actors in our Revolution. But, aside from the mere mechanics of +written speech, there is in the diction of Patrick Henry's letters the +nameless felicity which, even with great natural endowments, is only +communicable by genuine literary culture in some form. Where did +Patrick Henry get such literary culture? The question can be answered +only by pointing to that painful drill in Latin which the book-hating +boy suffered under his uncle and his father, when, to his anguish, +Virgil and Livy detained him anon from the true joys of existence. + +Wirt seems to have satisfied himself, on evidence carefully gathered +from persons who were contemporaries of Patrick Henry, that the latter +had received in his youth no mean classical education; but, in the +final revision of his book for publication, Wirt abated his statements +on that subject, in deference to the somewhat vehement assertions of +Jefferson. It may be that, in its present lessened form, Wirt's +account of the matter is the more correct one; but this is the proper +place in which to mention one bit of direct testimony upon the +subject, which, probably, was not known to Wirt. Patrick Henry is said +to have told his eldest grandson, Colonel Patrick Henry Fontaine, that +he was instructed by his uncle "not only in the catechism, but in the +Greek and Latin classics."[11] It may help us to realize something of +the moral stamina entering into the training which the unfledged +orator thus got that, as he related, his uncle taught him these maxims +of conduct: "To be true and just in all my dealings. To bear no malice +nor hatred in my heart. To keep my hands from picking and stealing. +Not to covet other men's goods; but to learn and labor truly to get my +own living, and to do my duty in that state of life unto which it +shall please God to call me."[12] + +Under such a teacher Patrick Henry was so thoroughly grounded, at +least in Latin and Greek grammar, that when, long afterward, his +eldest grandson was a student in Hampden-Sidney College, the latter +found "his grandfather's examinations of his progress in Greek and +Latin" so rigorous that he dreaded them "much more than he did his +recitations to his professors."[13] Colonel Fontaine also states that +he was present when a certain French visitor, who did not speak +English, was introduced to Governor Henry, who did not speak French. +During the war of the Revolution and just afterwards a similar +embarrassment was not infrequent here in the case of our public men, +among whom the study of French had been very uncommon; and for many of +them the old colonial habit of fitting boys for college by training +them to the colloquial use of Latin proved to be a great convenience. +Colonel Fontaine's anecdote implies, what is altogether probable, that +Patrick Henry's early drill in Latin had included the ordinary +colloquial use of it; for he says that in the case of the visitor in +question his grandfather was able, by means of his early stock of +Latin words, to carry on the conversation in that language.[14] + +This anecdote, implying Patrick Henry's ability to express himself +in Latin, I give for what it may be worth. Some will think it +incredible, and that impression will be further increased by the +fact that Colonel Fontaine names Albert Gallatin as the visitor +with whom, on account of his ignorance of English, the conversation +was thus carried on in Latin. This, of course, must be a mistake; +for, at the time of his first visit to Virginia, Gallatin could +speak English very well, so well, in fact, that he went to Virginia +expressly as English interpreter to a French gentleman who could not +speak our language.[15] However, as, during all that period, +Governor Henry had many foreign visitors, Colonel Fontaine, in his +subsequent account of that particular visitor, might easily have +misplaced the name without thereby discrediting the substance of his +narrative. Indeed, the substance of his narrative, namely, that he, +Colonel Fontaine, did actually witness, in the case of some foreign +visitor, such an exhibition of his grandfather's good early training +in Latin, cannot be rejected without an impeachment of the veracity +of the narrator, or at least of that of his son, who has recorded +the alleged incident. Of course, if that narrative be accepted as +substantially true, it will be necessary to conclude that the +Jeffersonian tradition of Patrick Henry's illiteracy is, at any +rate, far too highly tinted. + +Thus far we have been dealing with the question of Patrick Henry's +education down to the time of his leaving school, at the age of +fifteen. It was not until nine years afterward that he began the study +of the law. What is the intellectual record of these nine years? It is +obvious that they were years unfavorable to systematic training of +any sort, or to any regulated acquisition of knowledge. During all +that time in his life, as we now look back upon it, he has for us the +aspect of some lawless, unkempt genius, in untoward circumstances, +groping in the dark, not without wild joy, towards his inconceivable, +true vocation; set to tasks for which he was grotesquely unfit; +blundering on from misfortune to misfortune, with an overflow of +unemployed energy and vivacity that swept him often into rough fun, +into great gusts of innocent riot and horseplay; withal borne along, +for many days together, by the mysterious undercurrents of his nature, +into that realm of reverie where the soul feeds on immortal fruit and +communes with unseen associates, the body meanwhile being left to the +semblance of idleness; of all which the man himself might have given +this valid justification:-- + + "I loafe and invite my soul, + I lean and loafe at my ease, observing a spear of summer grass." + +Nevertheless, these nine years of groping, blundering, and seeming +idleness were not without their influence on his intellectual +improvement even through direct contact with books. While still a boy +in his teens, and put prematurely to uncongenial attempts at +shopkeeping and farmkeeping, he at any rate made the great discovery +that in books and in the gathering of knowledge from books could be +found solace and entertainment; in short, he then acquired a taste for +reading. No one pretends that Patrick Henry ever became a bookish +person. From the first and always the habit of his mind was that of +direct action upon every subject that he had to deal with, through his +own reflection, and along the broad primary lines of common sense. +There is never in his thought anything subtle or recondite,--no mental +movement through the media of books; but there is good evidence for +saying that this bewildered and undeveloped youth, drifting about in +chaos, did in those days actually get a taste for reading, and that he +never lost it. The books which he first read are vaguely described as +"a few light and elegant authors,"[16] probably in English essays and +fiction. As the years passed and the boy's mind matured, he rose to +more serious books. He became fond of geography and of history, and he +pushed his readings, especially, into the history of Greece and of +Rome. He was particularly fascinated by Livy, which he read in the +English translation; and then it was, as he himself related it to +Judge Hugh Nelson, that he made the rule to read Livy through "once at +least in every year during the early part of his life."[17] He read +also, it is apparent, the history of England and of the English +colonies in America, and especially of his own colony; for the latter +finding, no doubt, in Beverley and in the grave and noble pages of +Stith, and especially in the colonial charters given by Stith, much +material for those incisive opinions which he so early formed as to +the rights of the colonies, and as to the barriers to be thrown up +against the encroaching authority of the mother country. + +There is much contemporaneous evidence to show that Patrick Henry was +throughout life a deeply religious person. It certainly speaks well +for his intellectual fibre, as well as for his spiritual tendencies, +that his favorite book, during the larger part of his life, was +"Butler's Analogy," which was first published in the very year in +which he was born. It is possible that even during these years of his +early manhood he had begun his enduring intimacy with that robust +book. Moreover, we can hardly err in saying that he had then also +become a steady reader of the English Bible, the diction of which is +stamped upon his style as unmistakably as it is upon that of the elder +Pitt. + +Such, I think it may fairly be said, was Patrick Henry when, at the +age of twenty-four, having failed in every other pursuit, he turned +for bread to the profession of the law. There is no evidence that +either he or any other mortal man was aware of the extraordinary gifts +that lay within him for success in that career. Not a scholar surely, +not even a considerable miscellaneous reader, he yet had the basis of +a good education; he had the habit of reading over and over again a +few of the best books; he had a good memory; he had an intellect +strong to grasp the great commanding features of any subject; he had a +fondness for the study of human nature, and singular proficiency in +that branch of science; he had quick and warm sympathies, particularly +with persons in trouble,--an invincible propensity to take sides with +the under-dog in any fight. Through a long experience in offhand talk +with the men whom he had thus far chiefly known in his little +provincial world,--with an occasional clergyman, pedagogue, or +legislator, small planters and small traders, sportsmen, loafers, +slaves and the drivers of slaves, and, more than all, those bucolic +Solons of old Virginia, the good-humored, illiterate, thriftless +Caucasian consumers of tobacco and whiskey, who, cordially consenting +that all the hard work of the world should be done by the children of +Ham, were thus left free to commune together in endless debate on the +tavern porch or on the shady side of the country store,--young Patrick +had learned somewhat of the lawyer's art of putting things; he could +make men laugh, could make them serious, could set fire to their +enthusiasms. What more he might do with such gifts nobody seems to +have guessed; very likely few gave it any thought at all. In that +rugged but munificent profession at whose outward gates he then +proceeded to knock, it was altogether improbable that he would burden +himself with much more of its erudition than was really necessary for +a successful general practice in Virginia in his time, or that he +would permanently content himself with less. + + +FOOTNOTES: + +[5] Curtis, _Life of Webster_, i. 585. + +[6] Randall, _Life of Jefferson_, i. 20. + +[7] MS. + +[8] _Works of John Adams_, ii. 396. + +[9] Curtis, _Life of Webster_, i. 585. + +[10] Curtis, _Life of Webster_, i. 585. + +[11] MS. + +[12] MS. + +[13] MS. + +[14] MS. + +[15] Henry Adams, _Life of Gallatin_, 59, 60. + +[16] Wirt, 9. + +[17] Wirt, 13. This is the passage on which Jefferson, in his extreme +old age, made the characteristically inaccurate comment: "His +biographer says, 'He read Plutarch every year.' I doubt if he ever +read a volume of it in his life." Curtis, _Life of Webster_, i. 585. + + + + +CHAPTER III + +BECOMES A LAWYER + + +Some time in the early spring of 1760, Thomas Jefferson, then a lad in +the College of William and Mary, was surprised by the arrival in +Williamsburg of his jovial acquaintance, Patrick Henry, and still more +by the announcement of the latter that, in the brief interval since +their merrymakings together at Hanover, he had found time to study +law, and had actually come up to the capital to seek an admission to +the bar. + +In the accounts that we have from Henry's contemporaries respecting +the length of time during which he was engaged in preparing for his +legal examination, there are certain discrepancies,--some of these +accounts saying that it was nine months, others six or eight months, +others six weeks. Henry himself told a friend that his original study +of the law lasted only one month, and consisted in the reading of Coke +upon Littleton and of the Virginia laws.[18] + +Concerning the encounter of this obscure and raw country youth with +the accomplished men who examined him as to his fitness to receive a +license to practice law, there are three primary narratives,--two by +Jefferson, and a third by Judge John Tyler. In his famous talk with +Daniel Webster and the Ticknors at Monticello, in 1824, Jefferson +said: "There were four examiners,--Wythe, Pendleton, Peyton Randolph, +and John Randolph. Wythe and Pendleton at once rejected his +application; the two Randolphs were, by his importunity, prevailed +upon to sign the license; and, having obtained their signatures, he +again applied to Pendleton, and after much entreaty, and many promises +of future study, succeeded also in obtaining his. He then turned out +for a practicing lawyer."[19] + +In a memorandum[20] prepared nearly ten years before the conversation +just mentioned, Jefferson described somewhat differently the incidents +of Henry's examination:-- + + "Two of the examiners, however, Peyton and John Randolph, + men of great facility of temper, signed his license with as + much reluctance as their dispositions would permit them to + show. Mr. Wythe absolutely refused. Rob. C. Nicholas refused + also at first; but on repeated importunities, and promises + of future reading, he signed. These facts I had afterwards + from the gentlemen themselves; the two Randolphs + acknowledging he was very ignorant of law, but that they + perceived him to be a young man of genius, and did not doubt + he would soon qualify himself."[21] + +Long afterward, and when all this anxious affair had become for +Patrick Henry an amusing thing of the past, he himself, in the +confidence of an affectionate friendship, seems to have related one +remarkable phase of his experience to Judge John Tyler, by whom it was +given to Wirt. One of the examiners was "Mr. John Randolph, who was +afterwards the king's attorney-general for the colony,--a gentleman of +the most courtly elegance of person and manners, a polished wit, and a +profound lawyer. At first, he was so much shocked by Mr. Henry's very +ungainly figure and address, that he refused to examine him. +Understanding, however, that he had already obtained two signatures, +he entered with manifest reluctance on the business. A very short time +was sufficient to satisfy him of the erroneous conclusion which he had +drawn from the exterior of the candidate. With evident marks of +increasing surprise (produced, no doubt, by the peculiar texture and +strength of Mr. Henry's style, and the boldness and originality of his +combinations), he continued the examination for several hours; +interrogating the candidate, not on the principles of municipal law, +in which he no doubt soon discovered his deficiency, but on the laws +of nature and of nations, on the policy of the feudal system, and on +general history, which last he found to be his stronghold. During the +very short portion of the examination which was devoted to the common +law, Mr. Randolph dissented, or affected to dissent, from one of Mr. +Henry's answers, and called upon him to assign the reasons of his +opinion. This produced an argument, and Mr. Randolph now played off on +him the same arts which he himself had so often practiced on his +country customers; drawing him out by questions, endeavoring to puzzle +him by subtleties, assailing him with declamation, and watching +continually the defensive operations of his mind. After a considerable +discussion, he said, 'You defend your opinions well, sir; but now to +the law and to the testimony.' Hereupon he carried him to his office, +and, opening the authorities, said to him: 'Behold the force of +natural reason! You have never seen these books, nor this principle of +the law; yet you are right and I am wrong. And from the lesson which +you have given me (you must excuse me for saying it) I will never +trust to appearances again. Mr. Henry, if your industry be only half +equal to your genius, I augur that you will do well, and become an +ornament and an honor to your profession.'"[22] + +After such an ordeal at Williamsburg, the young man must have ridden +back to Hanover with some natural elation over his success, but that +elation not a little tempered by serious reflection upon his own +deficiencies as a lawyer, and by an honest purpose to correct them. +Certainly nearly everything that was dear to him in life must then +have risen before his eyes, and have incited him to industry in the +further study of his profession. + +At that time, his father-in-law had become the keeper of a tavern in +Hanover; and for the next two or three years, while he was rapidly +making his way as a general practitioner of the law in that +neighborhood, Patrick seems occasionally to have been a visitor at +this tavern. It was in this way, undoubtedly, that he sometimes acted +as host, especially in the absence of his father-in-law,--receiving +all comers, and providing for their entertainment; and it was from +this circumstance that the tradition arose, as Jefferson bluntly +expressed it, that Patrick Henry "was originally a barkeeper,"[23] or, +as it is more vivaciously expressed by a recent writer, that "for +three years" after getting his license to practice law, he "tended +travelers and drew corks."[24] + +These statements, however, are but an exaggeration of the fact that, +whenever visiting at the tavern of his father-in-law, he had the good +sense and the good feeling to lend a hand, in case of need, in the +business of the house; and that no more than this is true may be +proved, not only from the written testimony of survivors,[25] who knew +him in those days, but from the contemporary records, carefully kept +by himself, of his own earliest business as a lawyer. These records +show that, almost at once after receiving his license to practice +law, he must have been fully occupied with the appropriate business of +his profession. + +It is quite apparent, also, from the evidence just referred to, that +the common history of his life has, in another particular, done great +injustice to this period of it. According to the recollection of one +old man who outlived him, "he was not distinguished at the bar for +near four years."[26] Wirt himself, relying upon the statements of +several survivors of Patrick Henry, speaks of his lingering "in the +background for three years," and of "the profits of his practice" as +being so inadequate for the supply of even "the necessaries of life," +that "for the first two or three years" he was living with his family +in dependence upon his father-in-law.[27] Fortunately, however, we are +not left in this case to grope our way toward the truth amid the ruins +of the confused and decaying memories of old men. Since Wirt's time, +there have come to light the fee-books of Patrick Henry, carefully and +neatly kept by him from the beginning of his practice, and covering +nearly his entire professional life down to old age.[28] The first +entry in these books is for September, 1760; and from that date onward +to the end of the year 1763,--by which time he had suddenly sprung +into great professional prominence by his speech in "the Parsons' +Cause,"--he is found to have charged fees in 1185 suits, besides many +other fees for the preparation of legal papers out of court. From +about the time of his speech in "the Parsons' Cause," as his fee-books +show, his practice became enormous, and so continued to the end of his +days, excepting when public duties or broken health compelled him to +turn away clients. Thus it is apparent that, while the young lawyer +did not attain anything more than local professional reputation until +his speech against the parsons, he did acquire a very considerable +practice almost immediately after his admission to the bar. Moreover, +so far from his being a needy dependent on his father-in-law for the +first two or three years, the same quiet records show that his +practice enabled him, even during that early period, to assist his +father-in-law by an important advance of money. + +The fiction that Patrick Henry, during the first three or four years +of his nominal career as a lawyer, was a briefless barrister,--earning +his living at the bar of a tavern rather than at the bar of +justice,--is the very least of those disparaging myths, which, through +the frailty of human memory and the bitterness of partisan ill-will, +have been permitted to settle upon his reputation. Certainly, no one +would think it discreditable, or even surprising, if Patrick Henry, +while still a very young lawyer, should have had little or no +practice, provided only that, when the practice did come, the young +lawyer had shown himself to have been a good one. It is precisely +this honor which, during the past seventy years, has been denied him. +Upon the evidence thus far most prominently before the public, one is +compelled to conceive of him as having been destitute of nearly all +the qualifications of a good lawyer, excepting those which give +success with juries, particularly in criminal practice: he is +represented as ignorant of the law, indolent, and grossly negligent of +business,--with nothing, in fact, to give him the least success in the +profession but an abnormal and quite unaccountable gift of persuasion +through speech. + +Referring to this period of his life, Wirt says:-- + + "Of the science of law he knew almost nothing; of the + practical part he was so wholly ignorant that he was not + only unable to draw a declaration or a plea, but incapable, + it is said, of the most common or simple business of his + profession, even of the mode of ordering a suit, giving a + notice, or making a motion in court."[29] + +This conception of Henry's professional character, to which Wirt seems +to have come reluctantly, was founded, as is now evident, on the +long-suppressed memorandum of Jefferson, who therein states that, +after failing in merchandise, Patrick "turned his views to the law, +for the acquisition or practice of which however, he was too lazy. +Whenever the courts were closed for the winter session, he would make +up a party of poor hunters of his neighborhood, would go off with +them to the piny woods of Fluvanna, and pass weeks in hunting deer, of +which he was passionately fond, sleeping under a tent before a fire, +wearing the same shirt the whole time, and covering all the dirt of +his dress with a hunting-shirt. He never undertook to draw pleadings, +if he could avoid it, or to manage that part of a cause, and very +unwillingly engaged but as an assistant to speak in the cause. And the +fee was an indispensable preliminary, observing to the applicant that +he kept no accounts, never putting pen to paper, which was true."[30] + +The last sentence of this passage, in which Jefferson declares that it +was true that Henry "kept no accounts, never putting pen to paper," +is, of course, now utterly set aside by the discovery of the precious +fee-books; and these orderly and circumstantial records almost as +completely annihilate the trustworthiness of all the rest of the +passage. Let us consider, for example, Jefferson's statement that for +the acquisition of the law, or for the practice of it, Henry was too +lazy, and that much of the time between the sessions of the courts was +passed by him in deer-hunting in the woods. Confining ourselves to the +first three and a half years of his actual practice, in which, by the +record, his practice was the smallest that he ever had, it is not easy +for one to understand how a mere novice in the profession, and one so +perfectly ignorant of its most rudimental forms, could have earned, +during that brief period, the fees which he charged in 1185 suits, and +in the preparation of many legal papers out of court, and still have +been seriously addicted to laziness. Indeed, if so much legal business +could have been transacted within three years and a half, by a lawyer +who, besides being young and incompetent, was also extremely lazy, and +greatly preferred to go off to the woods and hunt for deer while his +clients were left to hunt in vain for him, it becomes an interesting +question just how much legal business we ought to expect to be done by +a young lawyer who was not incompetent, was not lazy, and had no +inordinate fondness for deer-hunting. It happens that young Thomas +Jefferson himself was just such a lawyer. He began practice exactly +seven years after Patrick Henry, and at precisely the same time of +life, though under external circumstances far more favorable. As a +proof of his uncommon zeal and success in the profession, his +biographer, Randall, cites from Jefferson's fee-books the number of +cases in which he was employed until he was finally drawn off from the +law into political life. Oddly enough, for the first four years of his +practice, the cases registered by Jefferson[31] number, in all, but +504. It should be mentioned that this number, as it includes only +Jefferson's cases in the General Court, does not indicate all the +business done by him during those first four years; and yet, even with +this allowance, we are left standing rather helpless before the +problem presented by the fact that this competent and diligent young +lawyer--whom, forsooth, the rustling leaves of the forest could never +for once entice from the rustle of the leaves of his law-books--did +nevertheless transact, during his own first four years of practice, +probably less than one half as much business as seems to have been +done during a somewhat shorter space of time by our poor, ignorant, +indolent, slovenly, client-shunning and forest-haunting Patrick. + +But, if Jefferson's charge of professional indolence and neglect on +the part of his early friend fares rather ill when tested by those +minute and plodding records of his professional employments which were +kept by Patrick Henry, a fate not much more prosperous overtakes +Jefferson's other charge,--that of professional incompetence. It is +more than intimated by Jefferson that, even had Patrick been disposed +to engage in a general law practice, he did not know enough to do so +successfully by reason of his ignorance of the most ordinary legal +principles and legal forms. But the intellectual embarrassment which +one experiences in trying to accept this view of Patrick Henry arises +from the simple fact that these incorrigible fee-books show that it +was precisely this general law practice that he did engage in, both in +court and out of court; a practice only a small portion of which was +criminal, the larger part of it consisting of the ordinary suits in +country litigation; a practice which certainly involved the drawing +of pleadings, and the preparation of many sorts of legal papers; a +practice, moreover, which he seems to have acquired with extraordinary +rapidity, and to have maintained with increasing success as long as he +cared for it. These are items of history which are likely to burden +the ordinary reader with no little perplexity,--a perplexity the +elements of which are thus modestly stated by a living grandson of +Patrick Henry: "How he acquired or retained a practice so large and +continually increasing, so perfectly unfit for it as Mr. Jefferson +represents him, I am at a loss to understand."[32] + +As we go further in the study of this man's life, we shall have before +us ample materials for dealing still further and still more definitely +with the subject of his professional character, as that character +itself became developed and matured. Meantime, however, the evidence +already in view seems quite enough to enable us to form a tolerably +clear notion of the sort of lawyer he was down to the end of 1763, +which may be regarded as the period of his novitiate at the bar. It is +perfectly evident that, at the time of his admission to the bar, he +knew very little of the law, either in its principles or in its forms: +he knew no more than could have been learned by a young man of genius +in the course of four weeks in the study of Coke upon Littleton, and +of the laws of Virginia. If, now, we are at liberty to suppose that +his study of the law then ceased, we may accept the view of his +professional incompetence held up by Jefferson; but precisely that is +what we are not at liberty to suppose. All the evidence, fairly +sifted, warrants the belief that, on his return to Hanover with his +license to practice law, he used the next few months in the further +study of it; and that thenceforward, just so fast as professional +business came to his hands, he tried to qualify himself to do that +business, and to do it so well that his clients should be inclined to +come to him again in case of need. Patrick Henry's is not the first +case, neither is it the last one, of a man coming to the bar miserably +unqualified for its duties, but afterward becoming well qualified. We +need not imagine, we do not imagine, that he ever became a man of +great learning in the law; but we do find it impossible to believe +that he continued to be a man of great ignorance in it. The law, +indeed, is the one profession on earth in which such success as he is +proved to have had, is impossible to such incompetence as he is said +to have had. Moreover, in trying to form a just idea of Patrick Henry, +it is never safe to forget that we have to do with a man of genius, +and that the ways by which a man of genius reaches his results are +necessarily his own,--are often invisible, are always somewhat +mysterious, to the rest of us. The genius of Patrick Henry was +powerful, intuitive, swift; by a glance of the eye he could take in +what an ordinary man might spend hours in toiling for; his memory +held whatever was once committed to it; all his resources were at +instant command; his faculty for debate, his imagination, humor, tact, +diction, elocution, were rich and exquisite; he was also a man of +human and friendly ways, whom all men loved, and whom all men wanted +to help; and it would not have been strange if he actually fitted +himself for the successful practice of such law business as was then +to be had in Virginia, and actually entered upon its successful +practice with a quickness the exact processes of which were +unperceived even by his nearest neighbors. + + +FOOTNOTES: + +[18] Wirt, 16. + +[19] Curtis, _Life of Webster_, i. 584. + +[20] First printed in the Philadelphia _Age_, in 1867; and again +printed, from the original manuscript, in _The Historical Magazine_, +August, 1867, 90-93. I quote from the latter. + +[21] Jefferson's memorandum, _Hist. Mag._ for August, 1867, 90. + +[22] Wirt, 16, 17. + +[23] Curtis, _Life of Webster_, i. 584. + +[24] McMaster, _Hist. of U. S._ i. 489. + +[25] I have carefully examined this testimony, which is still in +manuscript. + +[26] Judge Winston, MS. + +[27] Wirt, 18, 19. + +[28] These fee-books are now in the possession of Mr. William Wirt +Henry, of Richmond. + +[29] Wirt, 18. + +[30] _Hist. Mag._ for 1867, 93. + +[31] Randall, _Life of Jefferson_, i. 47, 48. + +[32] William Wirt Henry, _Character and Public Career of Patrick +Henry_, 3. + + + + +CHAPTER IV + +A CELEBRATED CASE + + +Thus Patrick Henry had been for nearly four years in the practice of +the law, with a vigor and a success quite extraordinary, when, late in +the year 1763, he became concerned in a case so charged with popular +interest, and so well suited to the display of his own marvellous +genius as an advocate, as to make both him and his case immediately +celebrated. + +The side upon which he was retained happened to be the wrong +side,--wrong both in law and in equity; having only this element of +strength in it, namely, that by a combination of circumstances there +were enlisted in its favor precisely those passions of the multitude +which are the most selfish, the most blinding, and at the same time +the most energetic. It only needed an advocate skilful enough to play +effectively upon these passions, and a storm would be raised before +which mere considerations of law and of equity would be swept out of +sight. + +In order to understand the real issue presented by "the Parsons' +Cause," and consequently the essential weakness of the side to the +service of which our young lawyer was now summoned, we shall need to +turn about and take a brief tour into the earlier history of Virginia. +In that colony, from the beginning, the Church of England was +established by law, and was supported, like any other institution of +the government, by revenues derived from taxation,--taxation levied in +this case upon nearly all persons in the colony above the age of +sixteen years. Moreover, those local subdivisions which, in the +Northern colonies, were called towns, in Virginia were called +parishes; and accordingly, in the latter, the usual local officers who +manage the public business for each civil neighborhood were called, +not selectmen or supervisors, as at the North, but vestrymen. Among +the functions conferred by the law upon these local officers in +Virginia was that of hiring the rector or minister, and of paying him +his salary; and the same authority which gave to the vestry this power +fixed likewise the precise amount of salary which they were to pay. +Ever since the early days of the colony, this amount had been stated, +not in money, which hardly existed there, but in tobacco, which was +the staple of the colony. Sometimes the market value of tobacco would +be very low,--so low that the portion paid to the minister would yield +a sum quite insufficient for his support; and on such occasions, prior +to 1692, the parishes had often kindly made up for such depreciation +by voluntarily paying an extra quantity of tobacco.[33] After 1692, +however, for reasons which need not now be detailed, this generous +custom seems to have disappeared. For example, from 1709 to 1714, the +price of tobacco was so low as to make its shipment to England, in +many instances, a positive loss to its owner; while the sale of it on +the spot was so disadvantageous as to reduce the minister's salary to +about L25 a year, as reckoned in the depreciated paper currency of the +colony. Of course, during those years, the distress of the clergy was +very great; but, whatever it may have been, they were permitted to +bear it, without any suggestion, either from the legislature or from +the vestries, looking toward the least addition to the quantity of +tobacco then to be paid them. On the other hand, from 1714 to 1720, +the price of tobacco rose considerably above the average, and did +something towards making up to the clergy the losses which they had +recently incurred. Then, again, from 1720 to 1724, tobacco fell to the +low price of the former period, and of course with the same results of +unrelieved loss to the clergy.[34] Thus, however, in the process of +time, there had become established, in the fiscal relations of each +vestry to its minister, a rough but obvious system of fair play. When +the price of tobacco was down, the parson was expected to suffer the +loss; when the price of tobacco was up, he was allowed to enjoy the +gain. Probably it did not then occur to any one that a majority of +the good people of Virginia could ever be brought to demand such a +mutilation of justice as would be involved in depriving the parson of +the occasional advantage of a very good market, and of making up for +this by always leaving to him the undisturbed enjoyment of every +occasional bad one. Yet it was just this mutilation of justice which, +only a few years later, a majority of the good people of Virginia were +actually brought to demand, and which, by the youthful genius of +Patrick Henry, they were too well aided in effecting. + +Returning now from our brief tour into a period of Virginian history +just prior to that upon which we are at present engaged, we find +ourselves arrived at the year 1748, in which year the legislature of +Virginia, revising all previous regulations respecting the hiring +and paying of the clergy, passed an act, directing that every parish +minister should "receive an annual salary of 16,000 pounds of +tobacco, ... to be levied, assessed, collected, and paid" by the +vestry. "And if the vestry of any parish" should "neglect or refuse +to levy the tobacco due to the minister," they should "be liable to +the action of the party grieved ... for all damages which he ... +shall sustain by such refusal or neglect."[35] This act of the +colonial legislature, having been duly approved by the king, became +a law, and consequently was not liable to repeal or even to +suspension except by the king's approval. Thus, at the period now +reached, there was between every vestry and its minister a valid +contract for the annual payment, by the former to the latter, of +that particular quantity of tobacco,--the clergy to take their +chances as to the market value of the product from year to year. + +Thus matters ran on until 1755, when, by reason of a diminished crop +of tobacco, the legislature passed an option law,[36] virtually +suspending for the next ten months the Act of 1748, and requiring the +clergy, at the option of the vestries, to receive their salaries for +that year, not in tobacco, but in the depreciated paper currency of +the colony, at the rate of two pence for each pound of tobacco due,--a +price somewhat below the market value of the article for that year. +Most clearly this act, which struck an arbitrary blow at the validity +of all contracts in Virginia, was one which exceeded the +constitutional authority of the legislature; since it suspended, +without the royal approval, a law which had been regularly ratified by +the king. However, the operation of this act was shrewdly limited to +ten months,--a period just long enough to accomplish its object, but +too short for the royal intervention against it to be of any direct +avail. Under these circumstances, the clergy bore their losses for +that year with some murmuring indeed, but without any formal +protest.[37] + +Just three years afterward, in 1758, the legislature, with even less +excuse than before, passed an act[38] similar to that of 1755,--its +force, however, being limited to twelve months. The operation of this +act, as affecting each parish minister, may be conveyed in very few +words. In lieu of what was due him under the law for his year's +services, namely, 16,000 pounds of tobacco, the market value of which +for the year in question proved to be about L400 sterling, it +compelled him to take, in the paper money of the colony, the sum of +about L133. To make matters still worse, while the tobacco which was +due him was an instant and an advantageous medium of exchange +everywhere, and especially in England whence nearly all his merchant +supplies were obtained, this paper money that was forced upon him was +a depreciated currency even within the colony, and absolutely +worthless outside of it; so that the poor parson, who could never +demand his salary for any year until six full months after its close, +would have proffered to him, at the end, perhaps, of another six +months, just one third of the nominal sum due him, and that in a +species of money of no value at all except in Virginia, and even in +Virginia of a purchasing value not exceeding that of L20 sterling in +England.[39] + +Nor, in justification of such a measure, could it be truthfully said +that there was at that time in the colony any general "dearth and +scarcity,"[40] or any such public distress of any sort as might +overrule the ordinary maxims of justice, and excuse, in the name of +humanity, a merely technical violation of law. As a matter of fact, +the only "dearth and scarcity" in Virginia that year was "confined to +one or two counties on James River, and that entirely owing to their +own fault;"[41] wherever there was any failure of the tobacco crop, it +was due to the killing of the plants so early in the spring, that such +land did not need to lie uncultivated, and in most cases was planted +"in corn and pease, which always turned to good account;"[42] and +although, for the whole colony, the crop of tobacco "was short in +quantity," yet "in cash value it proved to be the best crop that +Virginia had ever had" since the settlement of the colony.[43] +Finally, it was by no means the welfare of the poor that "was the +object, or the effect, of the law;" but it was "the rich planters" +who, first selling their tobacco at about fifty shillings the hundred, +and then paying to the clergy and others their tobacco debts at the +rate of sixteen shillings the hundred, were "the chief gainers" by the +act.[44] + +Such, then, in all its fresh and unadorned rascality, was the famous +"option law," or "two-penny act," of 1758: an act firmly opposed, on +its first appearance in the legislature, by a noble minority of +honorable men; an act clearly indicating among a portion of the people +of Virginia a survival of the old robber instincts of our Norse +ancestors; an act having there the sort of frantic popularity that all +laws are likely to have which give a dishonest advantage to the debtor +class,--and in Virginia, unfortunately, on the subject of salaries due +to the clergy, nearly all persons above sixteen years of age belonged +to that class.[45] + +At the time when this act was before the legislature for +consideration, the clergy applied for a hearing, but were refused. +Upon its passage by the two houses, the clergy applied to the acting +governor, hoping to obtain his disapproval of the act; but his reply +was an unblushing avowal of his determination to pursue any course, +right or wrong, which would bring him popular favor. They then sent +one of their own number to England, for the purpose of soliciting the +royal disallowance of the act. After a full hearing of both sides, the +privy council gave it as their opinion that the clergy of Virginia had +their "certain remedy at law;" Lord Hardwicke, in particular, +declaring that "there was no occasion to dispute about the authority +by which the act was passed; for that no court in the judicature +whatever could look upon it to be law, by reason of its manifest +injustice alone."[46] Accordingly, the royal disallowance was granted. +Upon the arrival in Virginia of these tidings, several of the clergy +began suits against their respective vestries, for the purpose of +compelling them to pay the amounts then legally due upon their +salaries for the year 1758. + +Of these suits, the first to come to trial was that of the Rev. Thomas +Warrington, in the County Court of Elizabeth City. In that case, "a +jury of his own parishioners found for him considerable damages, +allowing on their oaths that there was above twice as much justly due +to him as the act had granted;"[47] but "the court hindered him from +immediately coming at the damages, by judging the act to be law, in +which it is thought they were influenced more by the fear of giving +offense to their superiors, than by their own opinion of the +reasonableness of the act,--they privately professing that they +thought the parson ought to have his right."[48] + +Soon afterward came to trial, in the court of King William County, the +suit of the Rev. Alexander White, rector of St. David's parish. In +this case, the court, instead of either sustaining or rejecting the +disallowed act, simply shirked their responsibility, "refused to +meddle in the matter, and insisted on leaving the whole affair to the +jury;" who being thus freed from all judicial control, straightway +rendered a verdict of neat and comprehensive lawlessness: "We bring in +for the defendant."[49] + +It was at this stage of affairs that the court of Hanover County +reached the case of the Rev. James Maury, rector of Fredericksville +parish, Louisa; and the court, having before it the evidence of the +royal disallowance of the Act of 1758, squarely "adjudged the act to +be no law." Of course, under this decision, but one result seemed +possible. As the court had thus rejected the validity of the act +whereby the vestry had withheld from their parson two thirds of his +salary for the year 1758, it only remained to summon a special jury on +a writ of inquiry to determine the damages thus sustained by the +parson; and as this was a very simple question of arithmetic, the +counsel for the defendants expressed his desire to withdraw from the +case. + +Such was the situation, when these defendants, having been assured by +their counsel that all further struggle would be hopeless, turned for +help to the enterprising young lawyer who, in that very place, had +been for the previous three and a half years pushing his way to notice +in his profession. To him, accordingly, they brought their cause,--a +desperate cause, truly,--a cause already lost and abandoned by veteran +and eminent counsel. Undoubtedly, by the ethics of his profession, +Patrick Henry was bound to accept the retainer that was thus tendered +him; and, undoubtedly, by the organization of his own mind, having +once accepted that retainer, he was likely to devote to the cause no +tepid or half-hearted service. + +The decision of the court, which has been referred to, was rendered at +its November session. On the first day of the session in December, the +order was executed for summoning a select jury "to examine whether the +plaintiff had sustained any damages, and what."[50] Obviously, in the +determination of these two questions, much would depend on the +personal composition of the jury; and it is apparent that this matter +was diligently attended to by the sheriff. His plan seems to have been +to secure a good, honest jury of twelve adult male persons, but +without having among them a single one of those over-scrupulous and +intractable people who, in Virginia, at that time, were still +technically described as gentlemen. With what delicacy and efficiency +he managed this part of the business was thus described shortly +afterward by the plaintiff, of course a deeply interested +eye-witness:-- + + "The sheriff went into a public room full of gentlemen, and + told his errand. One excused himself ... as having already + given his opinion in a similar case. On this, ... he + immediately left the room, without summoning any one person + there. He afterwards met another gentleman ... on the green, + and, on saying he was not fit to serve, being a church + warden, he took upon himself to excuse him, too, and, as far + as I can learn made no further attempts to summon + gentlemen.... Hence he went among the vulgar herd. After he + had selected and set down upon his list about eight or ten + of these, I met him with it in his hand, and on looking over + it, observed to him that they were not such jurors as the + court had directed him to get,--being people of whom I had + never heard before, except one whom, I told him, he knew to + be a party in the cause.... Yet this man's name was not + erased. He was even called in court, and had he not excused + himself, would probably have been admitted. For I cannot + recollect that the court expressed either surprise or + dislike that a more proper jury had not been summoned. Nay, + though I objected against them, yet, as Patrick Henry, one + of the defendants' lawyers, insisted they were honest men, + and, therefore, unexceptionable, they were immediately + called to the book and sworn."[51] + +Having thus secured a jury that must have been reasonably +satisfactory to the defendants, the hearing began. Two gentlemen, +being the largest purchasers of tobacco in the county, were then sworn +as witnesses to prove the market price of the article in 1759. By +their testimony it was established that the price was then more than +three times as much as had been estimated in the payment of paper +money actually made to the plaintiff in that year. Upon this state of +facts, "the lawyers on both sides" proceeded to display "the force and +weight of the evidence;" after which the case was given to the jury. +"In less than five minutes," they "brought in a verdict for the +plaintiff,--one penny damages."[52] + +Just how the jury were induced, in the face of the previous judgment +of that very court, to render this astounding verdict, has been +described in two narratives: one by William Wirt, written about fifty +years after the event; the other by the injured plaintiff himself, the +Rev. James Maury, written exactly twelve days after the event. Few +things touching the life of Patrick Henry can be more notable or more +instructive than the contrast presented by these two narratives. + +On reaching the scene of action, on the 1st of December, Patrick Henry +"found," says Wirt,-- + + "on the courtyard such a concourse as would have appalled + any other man in his situation. They were not people of the + county merely who were there, but visitors from all the + counties to a considerable distance around. The decision + upon the demurrer had produced a violent ferment among the + people, and equal exultation on the part of the clergy, who + attended the court in a large body, either to look down + opposition, or to enjoy the final triumph of this hard + fought contest, which they now considered as perfectly + secure.... Soon after the opening of the court the cause was + called.... The array before Mr. Henry's eyes was now most + fearful. On the bench sat more than twenty clergymen, the + most learned men in the colony.... The courthouse was + crowded with an overwhelming multitude, and surrounded with + an immense and anxious throng, who, not finding room to + enter, were endeavoring to listen without in the deepest + attention. But there was something still more awfully + disconcerting than all this; for in the chair of the + presiding magistrate sat no other person than his own + father. Mr. Lyons opened the cause very briefly.... And now + came on the first trial of Patrick Henry's strength. No one + had ever heard him speak,[53] and curiosity was on tiptoe. + He rose very awkwardly, and faltered much in his exordium. + The people hung their heads at so unpromising a + commencement; the clergy were observed to exchange sly looks + with each other; and his father is described as having + almost sunk with confusion, from his seat. But these + feelings were of short duration, and soon gave place to + others of a very different character. For now were those + wonderful faculties which he possessed, for the first time + developed; and now was first witnessed that mysterious and + almost supernatural transformation of appearance, which the + fire of his own eloquence never failed to work in him. For + as his mind rolled along, and began to glow from its own + action, all the exuviae of the clown seemed to shed + themselves spontaneously. His attitude, by degrees, became + erect and lofty. The spirit of his genius awakened all his + features. His countenance shone with a nobleness and + grandeur which it had never before exhibited. There was a + lightning in his eyes which seemed to rive the spectator. + His action became graceful, bold, and commanding; and in the + tones of his voice, but more especially in his emphasis, + there was a peculiar charm, a magic, of which any one who + ever heard him will speak as soon as he is named, but of + which no one can give any adequate description. They can + only say that it struck upon the ear and upon the heart, in + a manner which language cannot tell. Add to all these, his + wonder-working fancy, and the peculiar phraseology in which + he clothed its images: for he painted to the heart with a + force that almost petrified it. In the language of those who + heard him on this occasion, 'he made their blood run cold, + and their hair to rise on end.' + + "It will not be difficult for any one who ever heard this + most extraordinary man, to believe the whole account of this + transaction which is given by his surviving hearers; and + from their account, the court house of Hanover County must + have exhibited, on this occasion, a scene as picturesque as + has been ever witnessed in real life. They say that the + people, whose countenance had fallen as he arose, had heard + but a very few sentences before they began to look up; then + to look at each other with surprise, as if doubting the + evidence of their own senses; then, attracted by some strong + gesture, struck by some majestic attitude, fascinated by the + spell of his eye, the charm of his emphasis, and the varied + and commanding expression of his countenance, they could + look away no more. In less than twenty minutes, they might + be seen in every part of the house, on every bench, in every + window, stooping forward from their stands, in death-like + silence; their features fixed in amazement and awe; all + their senses listening and riveted upon the speaker, as if + to catch the least strain of some heavenly visitant. The + mockery of the clergy was soon turned into alarm; their + triumph into confusion and despair; and at one burst of his + rapid and overwhelming invective, they fled from the house + in precipitation and terror. As for the father, such was his + surprise, such his amazement, such his rapture, that, + forgetting where he was, and the character which he was + filling, tears of ecstasy streamed down his cheeks, without + the power or inclination to repress them. + + "The jury seem to have been so completely bewildered, that + they lost sight not only of the Act of 1748, but that of + 1758 also; for, thoughtless even of the admitted right of + the plaintiff, they had scarcely left the bar, when they + returned with a verdict of one penny damages. A motion was + made for a new trial; but the court, too, had now lost the + equipoise of their judgment, and overruled the motion by an + unanimous vote. The verdict and judgment overruling the + motion were followed by redoubled acclamations, from within + and without the house. The people, who had with difficulty + kept their hands off their champion from the moment of + closing his harangue, no sooner saw the fate of the cause + finally sealed, than they seized him at the bar; and in + spite of his own exertions, and the continued cry of order + from the sheriffs and the court, they bore him out of the + courthouse, and raising him on their shoulders, carried him + about the yard, in a kind of electioneering triumph."[54] + +At the time when Wirt wrote this rhapsody, he was unable, as he tells +us, to procure from any quarter a rational account of the line of +argument taken by Patrick Henry, or even of any other than a single +topic alluded to by him in the course of his speech,--they who heard +the speech saying "that when it was over, they felt as if they had +just awaked from some ecstatic dream, of which they were unable to +recall or connect the particulars."[55] + +There was present in that assemblage, however, at least one person who +listened to the young orator without falling into an ecstatic dream, +and whose senses were so well preserved to him through it all that he +was able, a few days afterward, while the whole occasion was fresh in +his memory, to place upon record a clear and connected version of the +wonder-working speech. This version is to be found in a letter written +by the plaintiff on the 12th of December, 1763, and has been brought +to light only within recent years. + +After giving, for the benefit of the learned counsel by whom the cause +was to be managed, on appeal, in the general court, a lucid and rather +critical account of the whole proceeding, Maury adds:-- + + "One occurrence more, though not essential to the cause, I + can't help mentioning.... Mr. Henry, mentioned above (who + had been called in by the defendants, as we suspected, to do + what I some time ago told you of), after Mr. Lyons had + opened the cause, rose and harangued the jury for near an + hour. This harangue turned upon points as much out of his + own depth, and that of the jury, as they were foreign from + the purpose,--which it would be impertinent to mention here. + However, after he had discussed those points, he labored to + prove 'that the Act of 1758 had every characteristic of a + good law; that it was a law of general utility, and could + not, consistently with what he called the original compact + between the king and people ... be annulled.' Hence he + inferred, 'that a king, by disallowing acts of this salutary + nature, from being the father of his people, degenerated + into a tyrant, and forfeits all right to his subjects' + obedience.' He further urged 'that the only use of an + established church and clergy in society, is to enforce + obedience to civil sanctions, and the observance of those + which are called duties of imperfect obligation; that when a + clergy ceases to answer these ends, the community have no + further need of their ministry, and may justly strip them of + their appointments; that the clergy of Virginia, in this + particular instance of their refusing to acquiesce in the + law in question, had been so far from answering, that they + had most notoriously counteracted, those great ends of their + institution; that, therefore, instead of useful members of + the state, they ought to be considered as enemies of the + community; and that, in the case now before them, Mr. Maury, + instead of countenance, and protection, and damages, very + justly deserved to be punished with signal severity.' And + then he perorates to the following purpose, 'that excepting + they (the jury) were disposed to rivet the chains of bondage + on their own necks, he hoped they would not let slip the + opportunity which now offered, of making such an example of + him as might, hereafter, be a warning to himself and his + brethren, not to have the temerity, for the future, to + dispute the validity of such laws, authenticated by the only + authority which, in his conception, could give force to laws + for the government of this colony,--the authority of a legal + representative of a council, and of a kind and benevolent + and patriot governor.' You'll observe I do not pretend to + remember his words, but take this to have been the sum and + substance of this part of his labored oration. When he came + to that part of it where he undertook to assert 'that a + king, by annulling or disallowing acts of so salutary a + nature, from being the father of his people, degenerated + into a tyrant, and forfeits all right to his subjects' + obedience,' the more sober part of the audience were struck + with horror. Mr. Lyons called out aloud, and with an honest + warmth, to the Bench, 'that the gentleman had spoken + treason,' and expressed his astonishment, 'that their + worships could hear it without emotion, or any mark of + dissatisfaction.' At the same instant, too, amongst some + gentlemen in the crowd behind me, was a confused murmur of + 'treason, treason!' Yet Mr. Henry went on in the same + treasonable and licentious strain, without interruption from + the Bench, nay, even without receiving the least exterior + notice of their disapprobation. One of the jury, too, was so + highly pleased with these doctrines, that, as I was + afterwards told, he every now and then gave the traitorous + declaimer a nod of approbation. After the court was + adjourned, he apologized to me for what he had said, + alleging that his sole view in engaging in the cause, and in + saying what he had, was to render himself popular. You see, + then, it is so clear a point in this person's opinion that + the ready road to popularity here is to trample under foot + the interests of religion, the rights of the church, and the + prerogatives of the crown."[56] + + +FOOTNOTES: + +[33] Perry, _Hist. Coll._ i. 12. + +[34] Perry, _Hist. Coll._ 316, 317. + +[35] Hening, _Statutes at Large_, vi. 88, 89. + +[36] _Ibid._ vi. 568, 569. + +[37] Perry, _Hist. Coll._ i. 508, 509. + +[38] Hening, _Statutes at Large_, vii. 240, 241. + +[39] Perry, _Hist. Coll._ i. 467, 468. + +[40] As was alleged in Richard Bland's _Letter to the Clergy_, 17. + +[41] Perry, _Hist. Coll._ i. 467. + +[42] _Ibid._ i. 466. + +[43] _Ibid._ i. 465, 466. + +[44] Meade, _Old Families of Virginia_, i. 223. + +[45] In the account here given of these Virginia "option laws," I have +been obliged, by lack of space, to give somewhat curtly the bald +results of rather careful studies which I have made upon the question +in all accessible documents of the period; and I have not been at +liberty to state many things, on both sides of the question, which +would be necessary to a complete discussion of the subject. For +instance, among the motives to be mentioned for the popularity of laws +whose chief effects were to diminish the pay of the established +clergy, should be considered those connected with a growing dissent +from the established church in Virginia, and particularly with the +very human dislike which even churchmen might have to paying in the +form of a compulsory tax what they would have cheerfully paid in the +form of a voluntary contribution. Perhaps the best modern defense of +these laws is by A. H. Everett, in his _Life of Henry_, 230-233; but +his statements seem to be founded on imperfect information. Wirt, +publishing his opinion under the responsibility of his great +professional and official position, affirms that on the whole +question, "the clergy had much the best of the argument." _Life of +Henry,_ 22. + +[46] Perry, _Hist. Coll._ i. 510. + +[47] _Ibid._ i. 513, 514. + +[48] _Ibid._ i. 496, 497. + +[49] Perry, _Hist. Coll._ i. 497. + +[50] Maury, _Mem. of a Huguenot Family_, 419. + +[51] Maury, _Mem. of a Huguenot Family_, 419, 420. + +[52] _Ibid._ 420. + +[53] This cannot be true except in the sense that he had never before +spoken to such an assemblage or in any great cause. + +[54] Wirt, 23-27. + +[55] _Ibid._ 29. + +[56] Maury, _Mem. of a Huguenot Family_, 418-424, where the entire +letter is given in print for the first time. + + + + +CHAPTER V + +FIRST TRIUMPHS AT THE CAPITAL + + +It is not in the least strange that the noble-minded clergyman, who +was the plaintiff in the famous cause of the Virginia parsons, should +have been deeply offended by the fierce and victorious eloquence of +the young advocate on the opposite side, and should have let fall, +with reference to him, some bitter words. Yet it could only be in a +moment of anger that any one who knew him could ever have said of +Patrick Henry that he was disposed "to trample under foot the +interests of religion," or that he had any ill-will toward the church +or its ministers. It is very likely that, in the many irritations +growing out of a civil establishment of the church in his native +colony, he may have shared in feelings that were not uncommon even +among devout churchmen there; but in spite of this, then and always, +to the very end of his life, his most sacred convictions and his +tenderest affections seem to have been on the side of the institutions +and ministers of Christianity, and even of Christianity in its +historic form. Accordingly, both before and after his great speech, he +tried to indicate to the good men whose legal claims it had become +his professional duty to resist, that such resistance must not be +taken by them as implying on his part any personal unkindness. To his +uncle and namesake, the Reverend Patrick Henry, who was even then a +plaintiff in a similar suit, and whom he had affectionately persuaded +not to remain at the courthouse to hear the coming speech against the +pecuniary demands of himself and his order, he said "that the clergy +had not thought him worthy of being retained on their side," and that +"he knew of no moral principle by which he was bound to refuse a fee +from their adversaries."[57] So, too, the conciliatory words, which, +after the trial, he tried to speak to the indignant plaintiff, and +which the latter has reported in the blunt form corresponding to his +own angry interpretation of them, after all may have borne the better +meaning given to them by Bishop Meade, who says that Patrick Henry, in +his apology to Maury, "pleaded as an excuse for his course, that he +was a young lawyer, a candidate for practice and reputation, and +therefore must make the best of his cause."[58] + +These genial efforts at pacification are of rather more than casual +significance: they are indications of character. They mark a distinct +quality of the man's nature, of which he continued to give evidence +during the rest of his life,--a certain sweetness of spirit, which +never deserted him through all the stern conflicts of his career. He +was always a good fighter: never a good hater. He had the brain and +the temperament of an advocate; his imagination and his heart always +kindled hotly to the side that he had espoused, and with his +imagination and his heart always went all the rest of the man; in his +advocacy of any cause that he had thus made his own, he hesitated at +no weapon either of offence or of defence; he struck hard blows--he +spoke hard words--and he usually triumphed; and yet, even in the +paroxysms of the combat, and still more so when the combat was over, +he showed how possible it is to be a redoubtable antagonist without +having a particle of malice. + +Then, too, from this first great scene in his public life, there comes +down to us another incident that has its own story to tell. In all the +roar of talk within and about the courthouse, after the trial was +over, one "Mr. Cootes, merchant of James River," was heard to say that +"he would have given a considerable sum out of his own pocket rather +than his friend Patrick should have been guilty of a crime but little, +if any thing, inferior to that which brought Simon Lord Lovat to the +block,"--adding that Patrick's speech had "exceeded the most seditious +and inflammatory harangues of the Tribunes of Old Rome."[59] Here, +then, thus early in his career, even in this sorrowful and alarmed +criticism on the supposed error of his speech, we find a token of that +loving interest in him and in his personal fate, which even in those +days began to possess the heartstrings of many a Virginian all about +the land, and which thenceforward steadily broadened and deepened into +a sort of popular idolization of him. The mysterious hold which +Patrick Henry came to have upon the people of Virginia is an historic +fact, to be recognized, even if not accounted for. He was to make +enemies in abundance, as will appear; he was to stir up against +himself the alarm of many thoughtful and conservative minds, the +deadly hatred of many an old leader in colonial politics, the deadly +envy of many a younger aspirant to public influence; he was to go on +ruffling the plumage and upsetting the combinations of all sorts of +good citizens, who, from time to time, in making their reckonings +without him, kept finding that they had reckoned without their host. +But for all that, the willingness of this worthy Mr. Cootes of James +River to part with his money, if need be, rather than his friend +Patrick should go far wrong, seems to be one token of the beginning of +that deep and swelling passion of love for him that never abated among +the mass of the people of Virginia so long as Patrick lived, and +perhaps has never abated since. + +It is not hard to imagine the impulse which so astonishing a forensic +success must have given to the professional and political career of +the young advocate. Not only was he immediately retained by the +defendants in all the other suits of the same kind then instituted in +the courts of the colony, but, as his fee-books show, from that hour +his legal practice of every sort received an enormous increase. +Moreover, the people of Virginia, always a warm-hearted people, were +then, to a degree almost inconceivable at the North, sensitive to +oratory, and admirers of eloquent men. The first test by which they +commonly ascertained the fitness of a man for public office, concerned +his ability to make a speech; and it cannot be doubted that from the +moment of Patrick Henry's amazing harangue in the "Parsons' Cause,"--a +piece of oratory altogether surpassing anything ever before heard in +Virginia,--the eyes of men began to fasten upon him as destined to +some splendid and great part in political life. + +During the earlier years of his career, Williamsburg was the capital +of the colony,--the official residence of its governor, the place of +assemblage for its legislature and its highest courts, and, at certain +seasons of the year, the scene of no little vice-regal and provincial +magnificence. + +Thither our Patrick had gone in 1760 to get permission to be a lawyer. +Thither he now goes once more, in 1764, to give some proof of his +quality in the profession to which he had been reluctantly admitted, +and to win for himself the first of a long series of triumphs at the +colonial capital,--triumphs which gave food for wondering talk to all +his contemporaries, and long lingered in the memories of old men. Soon +after the assembling of the legislature, in the fall of 1764, the +committee on privileges and elections had before them the case of +James Littlepage, who had taken his seat as member for the county of +Hanover, but whose right to the seat was contested, on a charge of +bribery and corruption, by Nathaniel West Dandridge. For a day or two +before the hearing of the case, the members of the house had "observed +an ill-dressed young man sauntering in the lobby," apparently a +stranger to everybody, moving "awkwardly about ... with a countenance +of abstraction and total unconcern as to what was passing around him;" +but who, when the committee convened to consider the case of Dandridge +against Littlepage, at once took his place as counsel for the former. +The members of the committee, either not catching his name or not +recalling the association attaching to it from the scene at Hanover +Court House nearly a twelvemonth before, were so affected by his +rustic and ungainly appearance that they treated him with neglect and +even with discourtesy; until, when his turn came to argue the cause of +his client, he poured forth such a torrent of eloquence, and exhibited +with so much force and splendor the sacredness of the suffrage and the +importance of protecting it, that the incivility and contempt of the +committee were turned into admiration.[60] Nevertheless, it appears +from the journals of the House that, whatever may have been the +admiration of the committee for the eloquence of Mr. Dandridge's +advocate, they did not award the seat to Mr. Dandridge. + +Such was Patrick Henry's first contact with the legislature of +Virginia,--a body of which he was soon to become a member, and over +which, in spite of the social prestige, the talents, and the envious +opposition of its old leaders, he was promptly to gain an ascendancy +that constituted him, almost literally, the dictator of its +proceedings, so long as he chose to hold a place in it. On the present +occasion, having finished the somewhat obscure business that had +brought him before the committee, it is probable that he instantly +disappeared from the scene, not to return to it until the following +spring, when he came back to transact business with the House itself. +For, early in May, 1765, a vacancy having occurred in the +representation for the county of Louisa, Patrick Henry, though not +then a resident in that county, was elected as its member. The first +entry to be met with in the journals, indicating his presence in the +House, is that of his appointment, on the 20th of May, as an +additional member of the committee for courts of justice. Between that +date and the 1st of June, when the House was angrily dissolved by the +governor, this young and very rural member contrived to do two or +three quite notable things--things, in fact, so notable that they +conveyed to the people of Virginia the tidings of the advent among +them of a great political leader, gave an historic impulse to the +series of measures which ended in the disruption of the British +Empire, and set his own name a ringing through the world,--not without +lively imputations of treason, and comforting assurances that he was +destined to be hanged. + +The first of these notable things is one which incidentally throws a +rather painful glare on the corruptions of political life in our old +and belauded colonial days. The speaker of the House of Burgesses at +that time was John Robinson, a man of great estate, foremost among all +the landed aristocracy of Virginia. He had then been speaker for about +twenty-five years; for a long time, also, he had been treasurer of the +colony; and in the latter capacity he had been accustomed for many +years to lend the public money, on his own private account, to his +personal and political friends, and particularly to those of them who +were members of the House. This profligate business had continued so +long that Robinson had finally become a defaulter to an enormous +amount; and in order to avert the shame and ruin of an exposure, he +and his particular friends, just before the arrival of Patrick Henry, +had invented a very pretty device, to be called a "public loan +office,"--"from which monies might be lent on public account, and on +good landed security, to individuals," and by which, as was expected, +the debts due to Robinson on the loans which he had been granting +might be "transferred to the public, and his deficit thus completely +covered."[61] Accordingly, the scheme was brought forward under nearly +every possible advantage of influential support. It was presented to +the House and to the public as a measure eminently wise and +beneficial. It was supported in the House by many powerful and +honorable members who had not the remotest suspicion of the corrupt +purpose lying at the bottom of it. Apparently it was on the point of +adoption when, from among the members belonging to the upper counties, +there arose this raw youth, who had only just taken his seat, and who, +without any information respecting the secret intent of the measure, +and equally without any disposition to let the older and statelier +members do his thinking for him, simply attacked it, as a scheme to be +condemned on general principles. From the door of the lobby that day +there stood peering into the Assembly Thomas Jefferson, then a law +student at Williamsburg, who thus had the good luck to witness the +debut of his old comrade. "He laid open with so much energy the spirit +of favoritism on which the proposition was founded, and the abuses to +which it would lead, that it was crushed in its birth."[62] He +"attacked the scheme ... in that style of bold, grand, and +overwhelming eloquence for which he became so justly celebrated +afterwards. He carried with him all the members of the upper +counties, and left a minority composed merely of the aristocracy of +the country. From this time his popularity swelled apace; and Robinson +dying four years after, his deficit was brought to light, and +discovered the true object of the proposition."[63] + +But a subject far greater than John Robinson's project for a loan +office was then beginning to weigh on men's minds. Already were +visible far off on the edge of the sky, the first filmy threads of a +storm-cloud that was to grow big and angry as the years went by, and +was to accompany a political tempest under which the British Empire +would be torn asunder, and the whole structure of American colonial +society wrenched from its foundations. Just one year before the time +now reached, news had been received in Virginia that the British +ministry had announced in parliament their purpose to introduce, at +the next session, an act for laying certain stamp duties on the +American colonies. Accordingly, in response to these tidings, the +House of Burgesses, in the autumn of 1764, had taken the earliest +opportunity to send a respectful message to the government of England, +declaring that the proposed act would be deemed by the loyal and +affectionate people of Virginia as an alarming violation of their +ancient constitutional rights. This message had been elaborately drawn +up, in the form of an address to the king, a memorial to the House of +Lords, and a remonstrance to the Commons;[64] the writers being a +committee composed of gentlemen prominent in the legislature, and of +high social standing in the colony, including Landon Carter, Richard +Henry Lee, George Wythe, Edmund Pendleton, Benjamin Harrison, Richard +Bland, and even Peyton Randolph, the king's attorney-general. + +Meantime, to this appeal no direct answer had been returned; instead +of which, however, was received by the House of Burgesses, in May, +1765, about the time of Patrick Henry's accession to that body, a copy +of the Stamp Act itself. What was to be done about it? What was to be +done by Virginia? What was to be done by her sister colonies? Of +course, by the passage of the Stamp Act, the whole question of +colonial procedure on the subject had been changed. While the act was, +even in England, merely a theme for consideration, and while the +colonies were virtually under invitation to send thither their views +upon the subject, it was perfectly proper for colonial pamphleteers +and for colonial legislatures to express, in every civilized form, +their objections to it. But all this was now over. The Stamp Act had +been discussed; the discussion was ended; the act had been decided on; +it had become a law. Criticism upon it now, especially by a +legislative body, was a very different matter from what criticism upon +it had been, even by the same body, a few months before. Then, the +loyal legislature of Virginia had fittingly spoken out, concerning the +contemplated act, its manly words of disapproval and of protest; but +now that the contemplated act had become an adopted act--had become +the law of the land--could that same legislature again speak even +those same words, without thereby becoming disloyal,--without +venturing a little too near the verge of sedition,--without putting +itself into an attitude, at least, of incipient nullification +respecting a law of the general government? + +It is perfectly evident that by all the old leaders of the House at +that moment,--by Peyton Randolph, and Pendleton, and Wythe, and Bland, +and the rest of them,--this question was answered in the negative. +Indeed, it could be answered in no other way. Such being the case, it +followed that, for Virginia and for all her sister colonies, an +entirely new state of things had arisen. A most serious problem +confronted them,--a problem involving, in fact, incalculable +interests. On the subject of immediate concern, they had endeavored, +freely and rightfully, to influence legislation, while that +legislation was in process; but now that this legislation was +accomplished, what were they to do? Were they to submit to it quietly, +trusting to further negotiations for ultimate relief, or were they to +reject it outright, and try to obstruct its execution? Clearly, here +was a very great problem, a problem for statesmanship,--the best +statesmanship anywhere to be had. Clearly this was a time, at any +rate, for wise and experienced men to come to the front; a time, not +for rash counsels, nor for spasmodic and isolated action on the part +of any one colony, but for deliberate and united action on the part of +all the colonies; a time in which all must move forward, or none. But, +thus far, no colony had been heard from: there had not been time. Let +Virginia wait a little. Let her make no mistake; let her not push +forward into any ill-considered and dangerous measure; let her wait, +at least, for some signal of thought or of purpose from her sister +colonies. In the meanwhile, let her old and tried leaders continue to +lead. + +Such, apparently, was the state of opinion in the House of Burgesses +when, on the 29th of May, a motion was made and carried, "that the +House resolve itself into a committee of the whole House, immediately +to consider the steps necessary to be taken in consequence of the +resolutions of the House of Commons of Great Britain, relative to the +charging certain stamp duties in the colonies and plantations in +America."[65] On thus going into committee of the whole, to deliberate +on the most difficult and appalling question that, up to that time, +had ever come before an American legislature, the members may very +naturally have turned in expectation to those veteran politicians and +to those able constitutional lawyers who, for many years, had been +accustomed to guide their deliberations, and who, especially in the +last session, had taken charge of this very question of the Stamp +Act. It will not be hard for us to imagine the disgust, the anger, +possibly even the alarm, with which many may have beheld the floor now +taken, not by Peyton Randolph, nor Richard Bland, nor George Wythe, +nor Edmund Pendleton, but by this new and very unabashed member for +the county of Louisa,--this rustic and clownish youth of the terrible +tongue,--this eloquent but presumptuous stripling, who was absolutely +without training or experience in statesmanship, and was the merest +novice even in the forms of the House. + +For what precise purpose the new member had thus ventured to take the +floor, was known at the moment of his rising by only two other +members,--George Johnston, the member for Fairfax, and John Fleming, +the member for Cumberland. But the measureless audacity of his +purpose, as being nothing less than that of assuming the leadership of +the House, and of dictating the policy of Virginia in this stupendous +crisis of its fate, was instantly revealed to all, as he moved a +series of resolutions, which he proceeded to read from the blank leaf +of an old law book, and which, probably, were as follows:-- + + "_Whereas_, the honorable House of Commons in England have + of late drawn into question how far the General Assembly of + this colony hath power to enact laws for laying of taxes and + imposing duties, payable by the people of this, his + majesty's most ancient colony: for settling and ascertaining + the same to all future times, the House of Burgesses of this + present General Assembly have come to the following + resolves:-- + + "1. _Resolved_, That the first adventurers and settlers of + this, his majesty's colony and dominion, brought with them + and transmitted to their posterity, and all other his + majesty's subjects, since inhabiting in this, his majesty's + said colony, all the privileges, franchises, and immunities + that have at any time been held, enjoyed, and possessed, by + the people of Great Britain. + + "2. _Resolved_, That by two royal charters, granted by king + James the First, the colonists aforesaid are declared + entitled to all the privileges, liberties, and immunities of + denizens and natural born subjects, to all intents and + purposes, as if they had been abiding and born within the + realm of England. + + "3. _Resolved_, That the taxation of the people by + themselves or by persons chosen by themselves to represent + them, who can only know what taxes the people are able to + bear, and the easiest mode of raising them, and are equally + affected by such taxes themselves, is the distinguishing + characteristic of British freedom, and without which the + ancient constitution cannot subsist. + + "4. _Resolved_, That his majesty's liege people of this most + ancient colony have uninterruptedly enjoyed the right of + being thus governed by their own Assembly in the article of + their taxes and internal police, and that the same hath + never been forfeited, or any other way given up, but hath + been constantly recognized by the kings and people of Great + Britain. + + "5. _Resolved_, therefore, That the General Assembly of this + colony have the only and sole exclusive 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. + + "6. _Resolved_, That his majesty's liege people, the + inhabitants of this colony, are not bound to yield obedience + to any law or ordinance whatever, designed to impose any + taxation whatsoever upon them, other than the laws or + ordinances of the General Assembly aforesaid. + + "7. _Resolved_, That any person who shall, by speaking or + writing, assert or maintain that any person or persons, + other than the General Assembly of this colony, have any + right or power to impose or lay any taxation on the people + here, shall be deemed an enemy to his majesty's colony."[66] + +No reader will find it hard to accept Jefferson's statement that the +debate on these resolutions was "most bloody." "They were opposed by +Randolph, Bland, Pendleton, Nicholas, Wythe, and all the old members, +whose influence in the House had till then been unbroken."[67] There +was every reason, whether of public policy or of private feeling, why +the old party leaders in the House should now bestir themselves, and +combine, and put forth all their powers in debate, to check, and if +possible to rout and extinguish, this self-conceited but most +dangerous young man. "Many threats were uttered, and much abuse cast +on me," said Patrick himself, long afterward. Logic, learning, +eloquence, denunciation, derision, intimidation, were poured from all +sides of the House upon the head of the presumptuous intruder; but +alone, or almost alone, he confronted and defeated all his assailants. +"Torrents of sublime eloquence from Mr. Henry, backed by the solid +reasoning of Johnston, prevailed."[68] + +It was sometime in the course of this tremendous fight, extending +through the 29th and 30th of May, that the incident occurred which has +long been familiar among the anecdotes of the Revolution, and which +may be here recalled as a reminiscence not only of his own consummate +mastery of the situation, but of a most dramatic scene in an +epoch-making debate. Reaching the climax of a passage of fearful +invective, on the injustice and the impolicy of the Stamp Act, he said +in tones of thrilling solemnity, "Caesar had his Brutus; Charles the +First, his Cromwell; and George the Third ['Treason,' shouted the +speaker. 'Treason,' 'treason,' rose from all sides of the room. The +orator paused in stately defiance till these rude exclamations were +ended, and then, rearing himself with a look and bearing of still +prouder and fiercer determination, he so closed the sentence as to +baffle his accusers, without in the least flinching from his own +position,]--and George the Third may profit by their example. If this +be treason, make the most of it."[69] + +Of this memorable struggle nearly all other details have perished with +the men who took part in it. After the House, in committee of the +whole, had, on the 29th of May, spent sufficient time in the +discussion, "Mr. Speaker resumed the chair," says the Journal, "and +Mr. Attorney reported that the said committee had had the said matter +under consideration, and had come to several resolutions thereon, +which he was ready to deliver in at the table. Ordered that the said +report be received to-morrow." It is probable that on the morrow the +battle was renewed with even greater fierceness than before. The +Journal proceeds: "May 30. Mr. Attorney, from the committee of the +whole House, reported according to order, that the committee had +considered the steps necessary to be taken in consequence of the +resolutions of the House of Commons of Great Britain, relative to the +charging certain stamp duties in the colonies and plantations in +America, and that they had come to several resolutions thereon, which +he read in his place and then delivered at the table; when they were +again twice read, and agreed to by the House, with some amendments." +Then were passed by the House, probably, the first five resolutions as +offered by Henry in the committee, but "passed," as he himself +afterward wrote, "by a very small majority, perhaps of one or two +only." + +Upon this final discomfiture of the old leaders, one of their number, +Peyton Randolph, swept angrily out of the house, and brushing past +young Thomas Jefferson, who was standing in the door of the lobby, he +swore, with a great oath, that he "would have given five hundred +guineas for a single vote."[70] On the afternoon of that day, Patrick +Henry, knowing that the session was practically ended, and that his +own work in it was done, started for his home. He was seen "passing +along Duke of Gloucester Street, ... wearing buckskin breeches, his +saddle bags on his arm, leading a lean horse, and chatting with Paul +Carrington, who walked by his side."[71] + +That was on the 30th of May. The next morning, the terrible Patrick +being at last quite out of the way, those veteran lawyers and +politicians of the House, who had found this young protagonist alone +too much for them all put together, made bold to undo the worst part +of the work he had done the day before; they expunged the fifth +resolution. In that mutilated form, without the preamble, and with the +last three of the original resolutions omitted, the first four then +remained on the journal of the House as the final expression of its +official opinion. Meantime, on the wings of the wind, and on the eager +tongues of men, had been borne, past recall, far northward and far +southward, the fiery unchastised words of nearly the entire series, to +kindle in all the colonies a great flame of dauntless purpose;[72] +while Patrick himself, perhaps then only half conscious of the fateful +work he had just been doing, travelled homeward along the dusty +highway, at once the jolliest, the most popular, and the least +pretentious man in all Virginia, certainly its greatest orator, +possibly even its greatest statesman. + + +FOOTNOTES: + +[57] Wirt, 24. + +[58] Meade, _Old Families and Churches of Va._ i. 220. + +[59] Maury, _Mem. of a Huguenot Fam._ 423. + +[60] Wirt, 39-41. + +[61] Mem. by Jefferson, in _Hist. Mag._ for 1867, 91. + +[62] Jefferson's _Works_, vi. 365. + +[63] Mem. by Jefferson, in _Hist. Mag._ for 1867, 91. + +[64] These documents are given in full in the Appendix to Wirt's _Life +of Henry_, as Note A. + +[65] _Jour. Va. House of Burgesses._ + +[66] Of this famous series of resolutions, the first five are here +given precisely as they are given in Patrick Henry's own certified +copy still existing in manuscript, and in the possession of Mr. W. W. +Henry; but as that copy evidently contains only that portion of the +series which was reported from the committee of the whole, and was +adopted by the House, I have here printed also what I believe to have +been the preamble, and the last two resolutions in the series as first +drawn and introduced by Patrick Henry. For this portion of the series, +I depend on the copy printed in the _Boston Gazette_, for July 1, +1765, and reprinted in R. Frothingham, _Rise of the Republic_, 180 +note. In Wirt's _Life of Henry_, 56-59, is a transcript of the first +five resolutions as given in Henry's handwriting: but it is inaccurate +in two places. + +[67] Mem. by Jefferson, in _Hist. Mag._ for 1867, 91. + +[68] Mem. by Jefferson, in _Hist. Mag._ for 1867, 91. Henry was aided +in this debate by Robert Munford, also, and by John Fleming: W. W. +Henry, _Life, Corr. and Speeches of P. Henry_, i. 82_n._ + +[69] For this splendid anecdote we are indebted to Judge John Tyler, +who, then a youth of eighteen, listened to the speech as he stood in +the lobby by the side of Jefferson. Edmund Randolph, in his _History +of Virginia_, still in manuscript, has a somewhat different version of +the language of the orator, as follows: "'Caesar had his Brutus, +Charles the First, his Cromwell, and George the Third'--'Treason, +Sir,' exclaimed the Speaker; to which Mr. Henry instantly replied, +'and George the Third, may he never have either.'" The version +furnished by John Tyler is, of course, the more effective and +characteristic; and as Tyler actually heard the speech, and as, +moreover, his account is confirmed by Jefferson who also heard it, his +account can hardly be set aside by that of Randolph who did not hear +it, and was indeed but a boy of twelve at the time it was made. L. G. +Tyler, _Letters and Times of the Tylers_, i. 56; Wirt, 65. + +[70] Mem. by Jefferson, _Hist. Mag._ for 1867, 91. + +[71] Campbell, _Hist. Va._ 542. + +[72] The subject of the Virginia resolutions presents several +difficulties which I have not thought it best to discuss in the text, +where I have given merely the results of my own rather careful and +repeated study of the question. In brief, my conclusion is this: That +the series as given above, consisting of a preamble and seven +resolutions, is the series as originally prepared by Patrick Henry, +and introduced by him on Wednesday, May 29, in the committee of the +whole, and probably passed by the committee on that day; that at once, +without waiting for the action of the House upon the subject, copies +of the series got abroad, and were soon published in the newspapers of +the several colonies, as though actually adopted by the House; that on +Thursday, May 30, the series was cut down in the House by rejection of +the preamble and the resolutions 6 and 7, and by the adoption of only +the first five as given above; that on the day after that, when +Patrick Henry had gone home, the House still further cut down the +series by expunging the resolution which is above numbered as 5: and +that, many years afterwards, when Patrick Henry came to prepare a copy +for transmission to posterity, he gave the resolutions just as they +stood when adopted by the House on May 30, and not as they stood when +originally introduced by him in committee of the whole on the day +before, nor as they stood when mutilated by the cowardly act of the +House on the day after. It will be noticed, therefore, that the +so-called resolutions of Virginia, which were actually published and +known to the colonies in 1765, and which did so much to fire their +hearts, were not the resolutions as adopted by the House, but were the +resolutions as first introduced, and probably passed, in committee of +the whole; and that even this copy of them was inaccurately given, +since it lacked the resolution numbered above as 3, probably owing to +an error in the first hurried transcription of them. Those who care to +study the subject further will find the materials in _Prior +Documents_, 6, 7; Marshall, _Life of Washington_, i. note iv.; +Frothingham, _Rise of the Republic_, 180 note; Gordon, _Hist. Am. +Rev._, i. 129-139; _Works of Jefferson_, vi. 366, 367; Wirt, _Life of +Henry_, 56-63; Everett, _Life of Henry_, 265-273, with important note +by Jared Sparks in Appendix, 391-398. It may be mentioned that the +narrative given in Burk, _Hist. Va._, iii. 305-310, is untrustworthy. + + + + +CHAPTER VI + +CONSEQUENCES + + +Seldom has a celebrated man shown more indifference to the +preservation of the records and credentials of his career than did +Patrick Henry. While some of his famous associates in the Revolution +diligently kept both the letters they received, and copies of the +letters they wrote, and made, for the benefit of posterity, careful +memoranda concerning the events of their lives, Patrick Henry did none +of these things. Whatever letters he wrote, he wrote at a dash, and +then parted with them utterly; whatever letters were written to him, +were invariably handed over by him to the comfortable custody of luck; +and as to the correct historic perpetuation of his doings, he seems +almost to have exhausted his interest in each one of them so soon as +he had accomplished it, and to have been quite content to leave to +other people all responsibility for its being remembered correctly, or +even remembered at all. + +To this statement, however, a single exception has to be made. It +relates to the great affair described in the latter part of the +previous chapter. + +Of course, it was perceived at the time that the passing of the +Virginia resolutions against the Stamp Act was a great affair; but +just how great an affair it was, neither Patrick Henry nor any other +mortal man could tell until years had gone by, and had unfolded the +vast sequence of world-resounding events, in which that affair was +proved to be a necessary factor. It deserves to be particularly +mentioned that, of all the achievements of his life, the only one +which he has taken the pains to give any account of is his authorship +of the Virginia resolutions, and his successful championship of them. +With reference to this achievement, the account he gave of it was +rendered with so much solemnity and impressiveness as to indicate +that, in the final survey of his career, he regarded this as the one +most important thing he ever did. But before we cite the words in +which he thus indicated this judgment, it will be well for us to +glance briefly at the train of historic incidents which now set forth +the striking connection between that act of Patrick Henry and the +early development of that intrepid policy which culminated in American +independence. + +It was on the 29th of May, 1765, as will be remembered, that Patrick +Henry moved in the committee of the whole the adoption of his series +of resolutions against the Stamp Act; and before the sun went down +that day, the entire series, as is probable, was adopted by the +committee. On the following day, the essential portion of the series +was adopted, likewise, by the House. But what was the contemporary +significance of these resolutions? As the news of them swept from +colony to colony, why did they so stir men's hearts to excitement, and +even to alarm? It was not that the language of those resolutions was +more radical or more trenchant than had been the language already used +on the same subject, over and over again, in the discussions of the +preceding twelve months. It was that, in the recent change of the +political situation, the significance of that language had changed. +Prior to the time referred to, whatever had been said on the subject, +in any of the colonies, had been said for the purpose of dissuading +the government from passing the Stamp Act. But the government had now +passed the Stamp Act; and, accordingly, these resolutions must have +been meant for a very different purpose. They were a virtual +declaration of resistance to the Stamp Act; a declaration of +resistance made, not by an individual writer, nor by a newspaper, but +by the legislature of a great colony; and, moreover, they were the +very first declaration of resistance which was so made.[73] + +This it is which gives us the contemporary key to their significance, +and to the vast excitement produced by them, and to the enormous +influence they had upon the trembling purposes of the colonists at +that precise moment. Hence it was, as a sagacious writer of that +period has told us, that merely upon the adoption of these resolves by +the committee of the whole, men recognized their momentous bearing, +and could not be restrained from giving publicity to them, without +waiting for their final adoption by the House. "A manuscript of the +unrevised resolves," says William Gordon, "soon reached Philadelphia, +having been sent off immediately upon their passing, that the earliest +information of what had been done might be obtained by the Sons of +Liberty.... At New York the resolves were handed about with great +privacy: they were accounted so treasonable, that the possessors of +them declined printing them in that city." But a copy of them having +been procured with much difficulty by an Irish gentleman resident in +Connecticut, "he carried them to New England, where they were +published and circulated far and wide in the newspapers, without any +reserve, and proved eventually the occasion of those disorders which +afterward broke out in the colonies.... The Virginia resolutions gave +a spring to all the disgusted; and they began to adopt different +measures."[74] + +But while the tidings of these resolutions were thus moving toward New +England, and before they had arrived there, the assembly of the great +colony of Massachusetts had begun to take action. Indeed, it had first +met on the very day on which Patrick Henry had introduced his +resolutions into the committee of the whole at Williamsburg. On the +8th of June, it had resolved upon a circular letter concerning the +Stamp Act, addressed to all the sister colonies, and proposing that +all should send delegates to a congress to be held at New York, on the +first Tuesday of the following October, to deal with the perils and +duties of the situation. This circular letter at once started upon its +tour. + +The first reception of it, however, was discouraging. From the speaker +of the New Jersey assembly came the reply that the members of that +body were "unanimously against uniting on the present occasion;" and +for several weeks thereafter, "no movement appeared in favor of the +great and wise measure of convening a congress." At last, however, the +project of Massachusetts began to feel the accelerating force of a +mighty impetus. The Virginia resolutions, being at last divulged +throughout the land, "had a marked effect on public opinion." They +were "heralded as the voice of a colony.... The fame of the resolves +spread as they were circulated in the journals.... The Virginia +action, like an alarum, roused the patriots to pass similar +resolves.[75] "On the 8th of July, "The Boston Gazette" uttered this +most significant sentence: "The people of Virginia have spoken very +sensibly, and the frozen politicians of a more northern government say +they have spoken treason."[76] On the same day, in that same town of +Boston, an aged lawyer and patriot[77] lay upon his death bed; and in +his admiration for the Virginians on account of these resolves, he +exclaimed, "They are men; they are noble spirits."[78] On the 13th of +August, the people of Providence instructed their representatives in +the legislature to vote in favor of the congress, and to procure the +passage of a series of resolutions in which were incorporated those of +Virginia.[79] On the 15th of August, from Boston, Governor Bernard +wrote home to the ministry: "Two or three months ago, I thought that +this people would submit to the Stamp Act. Murmurs were indeed +continually heard; but they seemed to be such as would die away. But +the publishing of the Virginia resolves proved an alarm bell to the +disaffected."[80] On the 23d of September, General Gage, the commander +of the British forces in America, wrote from New York to Secretary +Conway that the Virginia resolves had given "the signal for a general +outcry over the continent."[81] And finally, in the autumn of 1774, an +able loyalist writer, looking back over the political history of the +colonies from the year of the Stamp Act, singled out the Virginia +resolves as the baleful cause of all the troubles that had then come +upon the land. "After it was known," said he, "that the Stamp Act was +passed, some resolves of the House of Burgesses in Virginia, denying +the right of Parliament to tax the colonies, made their appearance. We +read them with wonder; they savored of independence; they flattered +the human passions; the reasoning was specious; we wished it +conclusive. The transition to believing it so was easy; and we, and +almost all America, followed their example, in resolving that +Parliament had no such right."[82] + +All these facts, and many more that might be produced, seem to point +to the Virginia resolutions of 1765 as having come at a great primary +crisis of the Revolution,--a crisis of mental confusion and +hesitation,--and as having then uttered, with trumpet voice, the very +word that was fitted to the hour, and that gave to men's minds +clearness of vision, and to their hearts a settled purpose. It must +have been in the light of such facts as these that Patrick Henry, in +his old age, reviewing his own wonderful career, determined to make a +sort of testamentary statement concerning his relation to that single +transaction,--so vitally connected with the greatest epoch in American +history. + +Among the papers left by him at his death was one significantly placed +by the side of his will, carefully sealed, and bearing this +superscription: "Inclosed are the resolutions of the Virginia Assembly +in 1765, concerning the Stamp Act. Let my executors open this paper." +On opening the document, his executors found on one side of the sheet +the first five resolutions in the famous series introduced by him; and +on the other side, these weighty words:-- + + The within resolutions passed the House of Burgesses in May, + 1765. They formed the first opposition to the Stamp Act, and + the scheme of taxing America by the British parliament. All + the colonies, either through fear, or want of opportunity to + form an opposition, or from influence of some kind or other, + had remained silent. I had been for the first time elected a + Burgess a few days before; was young, inexperienced, + unacquainted with the forms of the House, and the members + that composed it. Finding the men of weight averse to + opposition, and the commencement of the tax at hand, and + that no person was likely to step forth, I determined to + venture; and alone, unadvised, and unassisted, on a blank + leaf of an old law book, wrote the within.[83] Upon + offering them to the House, violent debates ensued. Many + threats were uttered, and much abuse cast on me by the party + for submission. After a long and warm contest, the + resolutions passed by a very small majority, perhaps of one + or two only. The alarm spread throughout America with + astonishing quickness, and the ministerial party were + overwhelmed. The great point of resistance to British + taxation was universally established in the colonies. This + brought on the war, which finally separated the two + countries, and gave independence to ours. + + Whether this will prove a blessing or a curse, will depend + upon the use our people make of the blessings which a + gracious God hath bestowed on us. If they are wise, they + will be great and happy. If they are of a contrary + character, they will be miserable. Righteousness alone can + exalt them as a nation. + + Reader! whoever thou art, remember this; and in thy sphere + practice virtue thyself, and encourage it in others. + + P. HENRY.[84] + +But while this renowned act in Patrick Henry's life had consequences +so notable in their bearing on great national and international +movements, it is interesting to observe, also, its immediate effects +on his own personal position in the world, and on the development of +his career. We can hardly be surprised to find, on the one hand, that +his act gave deep offence to one very considerable class of persons in +Virginia,--the official representatives of the English government, and +their natural allies, those thoughtful and conscientious colonists +who, by temperament and conviction, were inclined to lay a heavy +accent on the principle of civil authority and order. Of course, as +the official head of this not ignoble class, stood Francis Fauquier, +the lieutenant-governor of the colony; and his letter to the lords of +trade, written from Williamsburg a few days after the close of the +session, contains a striking narrative of this stormy proceeding, and +an almost amusing touch of official undervaluation of Patrick Henry: +"In the course of the debate, I have heard that very indecent language +was used by a Mr. Henry, a young lawyer, who had not been above a +month a member of the House, and who carried all the young members +with him."[85] But a far more specific and intense expression of +antipathy came, a few weeks later, from the Reverend William Robinson, +the colonial commissary of the Bishop of London. Writing, on the 12th +of August, to his metropolitan, he gave an account of Patrick Henry's +very offensive management of the cause against the parsons, before +becoming a member of the House of Burgesses; and then added:-- + + "He has since been chosen a representative for one of the + counties, in which character he has lately distinguished + himself in the House of Burgesses on occasion of the arrival + of an act of Parliament for stamp duties, while the Assembly + was sitting. He blazed out in a violent speech against the + authority of Parliament and the king, comparing his majesty + to a Tarquin, a Caesar, and a Charles the First, and not + sparing insinuations that he wished another Cromwell would + arise. He made a motion for several outrageous resolves, + some of which passed and were again erased as soon as his + back was turned.... Mr. Henry, the hero of whom I have been + writing, is gone quietly into the upper parts of the country + to recommend himself to his constituents by spreading + treason and enforcing firm resolutions against the authority + of the British Parliament."[86] + +Such was Patrick Henry's introduction to the upper spheres of English +society,--spheres in which his name was to become still better known +as time rolled on, and for conduct not likely to efface the impression +of this bitter beginning. + +As to his reputation in the colonies outside of Virginia, doubtless +the progress of it, during this period, was slow and dim; for the +celebrity acquired by the resolutions of 1765 attached to the colony +rather than to the person. Moreover, the boundaries of each colony, in +those days, were in most cases the boundaries likewise of the personal +reputations it cherished. It was not until Patrick Henry came +forward, in the Congress of 1774, upon an arena that may be called +national, that his name gathered about it the splendor of a national +fame. Yet, even before 1774, in the rather dull and ungossiping +newspapers of that time, and in the letters and diaries of its public +men, may be discovered an occasional allusion showing that already his +name had broken over the borders of Virginia, had traveled even so far +as to New England, and that in Boston itself he was a person whom +people were beginning to talk about. For example, in his Diary for the +22d of July, 1770, John Adams speaks of meeting some gentlemen from +Virginia, and of going out to Cambridge with them. One of them is +mentioned by name as having this distinction,--that he "is an intimate +friend of Mr. Patrick Henry, the first mover of the Virginia resolves +in 1765."[87] Thus, even so early, the incipient revolutionist in New +England had got his thoughts on his brilliant political kinsman in +Virginia. + +But it was chiefly within the limits of his own splendid and gallant +colony, and among an eager and impressionable people whose habitual +hatred of all restraints turned into undying love for this dashing +champion of natural liberty, that Patrick Henry was now instantly +crowned with his crown of sovereignty. By his resolutions against the +Stamp Act, as Jefferson testifies, "Mr. Henry took the lead out of the +hands of those who had heretofore guided the proceedings of the +House, that is to say, of Pendleton, Wythe, Bland, Randolph, and +Nicholas."[88] Wirt does not put the case too strongly when he +declares, that "after this debate there was no longer a question among +the body of the people, as to Mr. Henry's being the first statesman +and orator in Virginia. Those, indeed, whose ranks he had scattered, +and whom he had thrown into the shade, still tried to brand him with +the names of declaimer and demagogue. But this was obviously the +effect of envy and mortified pride.... From the period of which we +have been speaking, Mr. Henry became the idol of the people of +Virginia."[89] + + +FOOTNOTES: + +[73] See this view supported by Wirt, in his life by Kennedy, ii. 73. + +[74] Gordon, _Hist. of Am. Rev._ i. 131. + +[75] Frothingham, _Rise of the Republic_, 178-181. + +[76] Cited in Frothingham, 181. + +[77] Oxenbridge Thacher. + +[78] _Works of John Adams_, x. 287. + +[79] Frothingham, 181. + +[80] Cited by Sparks, in Everett, _Life of Henry_, 396. + +[81] Frothingham, _Rise of the Republic_, 181. + +[82] Daniel Leonard, in _Novanglus and Massachusettensis_, 147, 148. + +[83] As the historic importance of the Virginia resolutions became +more and more apparent, a disposition was manifested to deny to +Patrick Henry the honor of having written them. As early as 1790, +Madison, between whom and Henry there was nearly always a sharp +hostility, significantly asked Edmund Pendleton to tell him "where the +resolutions proposed by Mr. Henry really originated." _Letters and +Other Writings of Madison_, i. 515. Edmund Randolph is said to have +asserted that they were written by William Fleming; a statement of +which Jefferson remarked, "It is to me incomprehensible." _Works_, vi. +484. But to Jefferson's own testimony on the same subject, I would +apply the same remark. In his Memorandum, he says without hesitation +that the resolutions "were drawn up by George Johnston, a lawyer of +the Northern Neck, a very able, logical, and correct speaker." _Hist. +Mag._ for 1867, 91. But in another paper, written at about the same +time, Jefferson said: "I can readily enough believe these resolutions +were written by Mr. Henry himself. They bear the stamp of his mind, +strong, without precision. That they were written by Johnston, who +seconded them, was only the rumor of the day, and very possibly +unfounded." _Works_, vi. 484. In the face of all this tissue of rumor, +guesswork, and self-contradiction, the deliberate statement of Patrick +Henry himself that he wrote the five resolutions referred to by him, +and that he wrote them "alone, unadvised, and unassisted," must close +the discussion. + +[84] Verified from the original manuscript, now in possession of Mr. +W. W. Henry. + +[85] Cited by Sparks, in Everett, _Life of Henry_, 392. + +[86] Perry, _Hist. Coll._ i. 514, 515. + +[87] _Works of John Adams_, ii. 249. + +[88] _Works of Jefferson_, vi. 368. + +[89] _Life of Henry_, 66. + + + + +CHAPTER VII + +STEADY WORK + + +From the close of Patrick Henry's first term in the Virginia House of +Burgesses, in the spring of 1765, to the opening of his first term in +the Continental Congress, in the fall of 1774, there stretches a +period of about nine years, which, for the purposes of our present +study, may be rapidly glanced at and passed by. + +In general, it may be described as a period during which he had +settled down to steady work, both as a lawyer and as a politician. The +first five years of his professional life had witnessed his advance, +as we have seen, by strides which only genius can make, from great +obscurity to great distinction; his advance from a condition of +universal failure to one of success so universal that his career may +be said to have become within that brief period solidly established. +At the bar, upon the hustings, in the legislature, as a master of +policies, as a leader of men, he had already proved himself to be, of +his kind, without a peer in all the colony of Virginia,--a colony +which was then the prolific mother of great men. With him, therefore, +the period of training and of tentative struggle had passed: the +period now entered upon was one of recognized mastership and of +assured performance, along lines certified by victories that came +gayly, and apparently at his slightest call. + +We note, at the beginning of this period, an event indicating +substantial prosperity in his life: he acquires the visible dignity of +a country-seat. Down to the end of 1763, and probably even to the +summer of 1765, he had continued to live in the neighborhood of +Hanover Court House. After coming back from his first term of service +in the House of Burgesses, where he had sat as member for the county +of Louisa, he removed his residence into that county, and established +himself there upon an estate called Roundabout, purchased by him of +his father. In 1768 he returned to Hanover, and in 1771 he bought a +place in that county called Scotch Town, which continued to be his +seat until shortly after the Declaration of Independence, when, having +become governor of the new State of Virginia, he took up his residence +at Williamsburg, in the palace long occupied by the official +representatives of royalty. + +For the practice of his profession, the earlier portion of this period +was perhaps not altogether unfavorable. The political questions then +in debate were, indeed, exciting, but they had not quite reached the +ultimate issue, and did not yet demand from him the complete surrender +of his life. Those years seem to have been marked by great +professional activity on his part, and by considerable growth in his +reputation, even for the higher and more difficult work of the law. Of +course, as the vast controversy between the colonists and Great +Britain grew in violence, all controversies between one colonist and +another began to seem petty, and to be postponed; even the courts +ceased to meet with much regularity, and finally ceased to meet at +all; while Patrick Henry himself, forsaking his private concerns, +became entirely absorbed in the concerns of the public. + +The fluctuations in his engagements as a lawyer, during all these +years, may be traced with some certainty by the entries in his +fee-books. For the year 1765, he charges fees in 547 cases; for 1766, +in 114 cases; for 1767, in 554 cases; for 1768, in 354 cases. With the +next year there begins a great falling off in the number of his cases; +and the decline continues till 1774, when, in the convulsions of the +time, his practice stops altogether. Thus, for 1769, there are +registered 132 cases; for 1770, 94 cases; for 1771, 102 cases; for +1772, 43 cases; for 1773, 7 cases; and for 1774, none.[90] + +The character of the professional work done by him during this period +deserves a moment's consideration. Prior to 1769, he had limited +himself to practice in the courts of the several counties. In that +year he began to practice in the general court,--the highest court in +the colony,--where of course were tried the most important and +difficult causes, and where thenceforward he had constantly to +encounter the most learned and acute lawyers at the bar, including +such men as Pendleton, Wythe, Blair, Mercer, John Randolph, Thompson +Mason, Thomas Jefferson, and Robert C. Nicholas.[91] + +There could never have been any doubt of his supreme competency to +deal with such criminal causes as he had to manage in that court or in +any other; and with respect to the conduct of other than criminal +causes, all purely contemporaneous evidence, now to be had, implies +that he had not ventured to present himself before the higher +tribunals of the land until he had qualified himself to bear his part +there with success and honor. Thus, the instance may be mentioned of +his appearing in the Court of Admiralty, "in behalf of a Spanish +captain, whose vessel and cargo had been libeled. A gentleman who was +present, and who was very well qualified to judge, was heard to +declare, after the trial was over, that he never heard a more eloquent +or argumentative speech in his life; that Mr. Henry was on that +occasion greatly superior to Mr. Pendleton, Mr. Mason, or any other +counsel who spoke to the subject; and that he was astonished how Mr. +Henry could have acquired such a knowledge of the maritime law, to +which it was believed he had never before turned his attention."[92] +Moreover, in 1771, just two years from the time when Patrick Henry +began practice in the General Court, Robert C. Nicholas, then a +veteran member of the profession, "who had enjoyed the first practice +at the bar," had occasion to retire, and began looking about among the +younger men for some competent lawyer to whom he might safely intrust +the unfinished business of his clients. He first offered his practice +to Thomas Jefferson, who, however, was compelled to decline it. +Afterward, he offered it to Patrick Henry, who accepted it; and +accordingly, by public advertisement, Nicholas informed his clients +that he had committed to Patrick Henry the further protection of their +interests,[93]--a perfectly conclusive proof, it should seem, of the +real respect in which Patrick Henry's qualifications as a lawyer were +then held, not only by the public but by the profession. Certainly +such evidence as this can hardly be set aside by the supposed +recollections of one old gentleman, of broken memory and unbroken +resentment, who long afterward tried to convince Wirt that, even at +the period now in question, Patrick Henry was "wofully deficient as a +lawyer," was unable to contend with his associates "on a mere question +of law," and was "so little acquainted with the fundamental principles +of his profession ... as not to be able to see the remote bearings of +the reported cases."[94] The expressions here quoted are, apparently, +Wirt's own paraphrase of the statements which were made to him by +Jefferson, and which, in many of their details, can now be proved, on +documentary evidence, to be the work of a hand that had forgot, not +indeed its cunning, but at any rate its accuracy. + +As to the political history of Patrick Henry during this period, it +may be easily described. The doctrine on which he had planted himself +by his resolutions in 1765, namely, that the parliamentary taxation of +unrepresented colonies is unconstitutional, became the avowed doctrine +of Virginia, and of all her sister colonies; and nearly all the men +who, in the House of Burgesses, had, for reasons of propriety, or of +expediency, or of personal feeling, opposed the passage of his +resolutions, soon took pains to make it known to their constituents +that their opposition had not been to the principle which those +resolutions expressed. Thenceforward, among the leaders in Virginian +politics, there was no real disagreement on the fundamental question; +only such disagreement touching methods as must always occur between +spirits who are cautious and spirits who are bold. Chief among the +former were Pendleton, Wythe, Bland, Peyton Randolph, and Nicholas. In +the van of the latter always stood Patrick Henry, and with him +Jefferson, Richard Henry Lee, the Pages, and George Mason. But between +the two groups, after all, was surprising harmony, which is thus +explained by one who in all that business had a great part and who +never was a laggard:-- + + "Sensible, however, of the importance of unanimity among + our constituents, although we often wished to have gone + faster, we slackened our pace, that our less ardent + colleagues might keep up with us; and they, on their part, + differing nothing from us in principle, quickened their gait + somewhat beyond that which their prudence might of itself + have advised, and thus consolidated the phalanx which + breasted the power of Britain. By this harmony of the bold + with the cautious, we advanced with our constituents in + undivided mass, and with fewer examples of separation than, + perhaps, existed in any other part of the union."[95] + +All deprecated a quarrel with Great Britain; all deprecated as a +boundless calamity the possible issue of independence; all desired to +remain in loyal, free, and honorable connection with the British +empire; and against the impending danger of an assault upon the +freedom, and consequently the honor, of this connection, all stood on +guard. + +One result, however, of this practical unanimity among the leaders in +Virginia was the absence, during all this period, of those impassioned +and dramatic conflicts in debate, which would have called forth +historic exhibitions of Patrick Henry's eloquence and of his gifts for +conduct and command. He had a leading part in all the counsels of the +time; he was sent to every session of the House of Burgesses; he was +at the front in all local committees and conventions; he was made a +member of the first Committee of Correspondence; and all these +incidents in this portion of his life culminated in his mission as one +of the deputies from Virginia to the first Continental Congress. + +Without here going into the familiar story of the occasion and +purposes of the Congress of 1774, we may briefly indicate Patrick +Henry's relation to the events in Virginia which immediately preceded +his appointment to that renowned assemblage. On the 24th of May, 1774, +the House of Burgesses, having received the alarming news of the +passage of the Boston Port Bill, designated the day on which that bill +was to take effect--the first day of June--"as a day of fasting, +humiliation, and prayer, devoutly to implore the Divine interposition +for averting the heavy calamity which threatens destruction to our +civil rights, and the evils of civil war; to give us one heart and one +mind firmly to oppose, by all just and proper means, every injury to +American rights; and that the minds of his majesty and his parliament +may be inspired from above with wisdom, moderation, and justice, to +remove from the loyal people of America all cause of danger, from a +continued pursuit of measures pregnant with their ruin."[96] Two days +afterward, the governor, Lord Dunmore, having summoned the House to +the council chamber, made to them this little speech:-- + + "Mr. Speaker and gentlemen of the House of Burgesses, I have + in my hand a paper published by order of your House, + conceived in such terms as reflect highly upon his majesty + and the Parliament of Great Britain, which makes it + necessary for me to dissolve you, and you are dissolved + accordingly."[97] + +At ten o'clock on the following day, May 27, the members of the late +House met by agreement at the Raleigh Tavern, and there promptly +passed a nobly-worded resolution, deploring the policy pursued by +Parliament and suggesting the establishment of an annual congress of +all the colonies, "to deliberate on those general measures which the +united interests of America may from time to time require."[98] + +During the anxious days and nights immediately preceding the +dissolution of the House, its prominent members held many private +conferences with respect to the course to be pursued by Virginia. In +all these conferences, as we are told, "Patrick Henry was the +leader;"[99] and a very able man, George Mason, who was just then a +visitor at Williamsburg, and was admitted to the consultations of the +chiefs, wrote at the time concerning him: "He is by far the most +powerful speaker I ever heard.... But his eloquence is the smallest +part of his merit. He is, in my opinion, the first man upon this +continent, as well in abilities as public virtues."[100] + +In response to a recommendation made by leading members of the recent +House of Burgesses, a convention of delegates from the several +counties of Virginia assembled at Williamsburg, on August 1, 1774, to +deal with the needs of the hour, and especially to appoint deputies to +the proposed congress at Philadelphia. The spirit in which this +convention transacted its business is sufficiently shown in the +opening paragraphs of the letter of instructions which it gave to the +deputies whom it sent to the congress:-- + + "The unhappy disputes between Great Britain and her American + colonies, which began about the third year of the reign of + his present majesty, and since, continually increasing, have + proceeded to lengths so dangerous and alarming as to excite + just apprehensions in the minds of his majesty's faithful + subjects of this colony that they are in danger of being + deprived of their natural, ancient, constitutional, and + chartered rights, have compelled them to take the same into + their most serious consideration; and being deprived of + their usual and accustomed mode of making known their + grievances, have appointed us their representatives, to + consider what is proper to be done in this dangerous crisis + of American affairs. + + "It being our opinion that the united wisdom of North + America should be collected in a general congress of all the + colonies, we have appointed the honorable Peyton Randolph, + Esquire, Richard Henry Lee, George Washington, Patrick + Henry, Richard Bland, Benjamin Harrison, and Edmund + Pendleton, Esquires, deputies to represent this colony in + the said congress, to be held at Philadelphia on the first + Monday in September next. And that they may be the better + informed of our sentiments touching the conduct we wish them + to observe on this important occasion, we desire that they + will express, in the first place, our faith and true + allegiance to his majesty King George the Third, our lawful + and rightful sovereign; and that we are determined, with our + lives and fortunes, to support him in the legal exercise of + all his just rights and prerogatives; and however + misrepresented, we sincerely approve of a constitutional + connection with Great Britain, and wish most ardently a + return of that intercourse of affection and commercial + connection that formerly united both countries; which can + only be effected by a removal of those causes of discontent + which have of late unhappily divided us.... The power + assumed by the British Parliament to bind America by their + statutes, in all cases whatsoever, is unconstitutional, and + the source of these unhappy differences."[101] + +The convention at Williamsburg, of which, of course, Patrick Henry was +a member, seems to have adjourned on Saturday, the 6th of August. +Between that date and the time for his departure to attend the +congress at Philadelphia, we may imagine him as busily engaged in +arranging his affairs for a long absence from home, and even then as +not getting ready to begin the long journey until many of his +associates had nearly reached the end of it. + + +FOOTNOTES: + +[90] MS. + +[91] Wirt, 70, 71. + +[92] Wirt, 71, 72. + +[93] Randall, _Life of Jefferson_, i. 49; Wirt, 77. + +[94] Wirt, 71. + +[95] Jefferson's _Works_, vi. 368. + +[96] 4 _Am. Arch._ i. 350. + +[97] Campbell, _Hist. Va._ 573. + +[98] 4 _Am. Arch._ i. 350, 351. The narrative of these events as given +by Wirt and by Campbell has several errors. They seem to have been +misled by Jefferson, who, in his account of the business (_Works_, i. +122, 123), is, if possible, rather more inaccurate than usual. + +[99] Campbell, _Hist. Va._ 573. + +[100] Mason to Martin Cockburn, _Va. Hist. Reg._ iii. 27-29. + +[101] The full text of this letter of instructions is given in 4 _Am. +Arch._ i. 689, 690. With this should be compared note C. in +Jefferson's _Works_, i. 122-142. + + + + +CHAPTER VIII + +IN THE FIRST CONTINENTAL CONGRESS + + +On the morning of Tuesday, the 30th of August, Patrick Henry arrived +on horseback at Mt. Vernon, the home of his friend and colleague, +George Washington; and having remained there that day and night, he +set out for Philadelphia on the following morning, in the company of +Washington and of Edmund Pendleton. From the jottings in Washington's +diary,[102] we can so far trace the progress of this trio of +illustrious horsemen, as to ascertain that on Sunday, the 4th of +September, they "breakfasted at Christiana Ferry; dined at Chester;" +and reached Philadelphia for supper--thus arriving in town barely in +time to be present at the first meeting of the Congress on the morning +of the 5th. + +John Adams had taken pains to get upon the ground nearly a week +earlier; and carefully gathering all possible information concerning +his future associates, few of whom he had then ever seen, he wrote in +his diary that the Virginians were said to "speak in raptures about +Richard Henry Lee and Patrick Henry, one the Cicero, and the other the +Demosthenes, of the age."[103] + +Not far from the same time, also, a keen-witted Virginian, Roger +Atkinson, at his home near Petersburg, was writing to a friend about +the men who had gone to represent Virginia in the great Congress; and +this letter of his, though not meant for posterity, has some neat, +off-hand portraits which posterity may, nevertheless, be glad to look +at. Peyton Randolph is "a venerable man ... an honest man; has +knowledge, temper, experience, judgment,--above all, integrity; a true +Roman spirit." Richard Bland is "a wary, old, experienced veteran at +the bar and in the senate; has something of the look of old musty +parchments, which he handleth and studieth much. He formerly wrote a +treatise against the Quakers on water-baptism." Washington "is a +soldier,--a warrior; he is a modest man; sensible; speaks little; in +action cool, like a bishop at his prayers." Pendleton "is an humble +and religious man, and must be exalted. He is a smooth-tongued +speaker, and, though not so old, may be compared to old Nestor,-- + + 'Experienced Nestor, in persuasion skilled, + Words sweet as honey from his lips distilled.'" + +But Patrick Henry "is a real half-Quaker,--your brother's +man,--moderate and mild, and in religious matters a saint; but the +very devil in politics; a son of thunder. He will shake the Senate. +Some years ago he had liked to have talked treason into the +House."[104] + +Few of the members of this Congress had ever met before; and if all +had arrived upon the scene as late as did these three members from +Virginia, there might have been some difficulty, through a lack of +previous consultation and acquaintance, in organizing the Congress on +the day appointed, and in entering at once upon its business. In fact, +however, more than a week before the time for the first meeting, the +delegates had begun to make their appearance in Philadelphia; +thenceforward with each day the arrivals continued; by Thursday, the +1st of September, twenty-five delegates, nearly one half of the entire +body elected, were in town;[105] and probably, during all that week, +no day and no night had passed without many an informal conference +respecting the business before them, and the best way of doing it. + +Concerning these memorable men of the first Continental Congress, it +must be confessed that as the mists of a hundred years of glorifying +oratory and of semi-poetic history have settled down upon them, they +are now enveloped in a light which seems to distend their forms to +proportions almost superhuman, and to cast upon their faces a gravity +that hardly belongs to this world; and it may, perhaps, help us to +bring them and their work somewhat nearer to the plane of natural +human life and motive, and into a light that is as the light of +reality, if, turning to the daily memoranda made at the time by one of +their number, we can see how merrily, after all, nay, with what +flowing feasts, with what convivial communings, passed those days and +nights of preparation for the difficult business they were about to +take in hand. + +For example, on Monday, the 29th of August, when the four members of +the Massachusetts delegation had arrived within five miles of the +city, they were met by an escort of gentlemen, partly residents of +Philadelphia, and partly delegates from other colonies, who had come +out in carriages to greet them. + + "We were introduced," writes John Adams, "to all these + gentlemen, and most cordially welcomed to Philadelphia. We + then rode into town, and dirty, dusty, and fatigued as we + were, we could not resist the importunity to go to the + tavern, the most genteel one in America. There we were + introduced to a number of other gentlemen of the city, ... + and to Mr. Lynch and Mr. Gadsden, of South Carolina. Here we + had a fresh welcome to the city of Philadelphia; and after + some time spent in conversation, a curtain was drawn, and in + the other half of the chamber a supper appeared as elegant + as ever was laid upon a table. About eleven o'clock we + retired. + + "30, Tuesday. Walked a little about town; visited the + market, the State House, the Carpenters' Hall, where the + Congress is to sit, etc.; then called at Mr. Mifflin's, a + grand, spacious, and elegant house. Here we had much + conversation with Mr. Charles Thomson, who is ... the Sam + Adams of Philadelphia, the life of the cause of liberty, + they say. A Friend, Collins, came to see us, and invited us + to dine on Thursday. We returned to our lodgings, and Mr. + Lynch, Mr. Gadsden, Mr. Middleton, and young Mr. Rutledge + came to visit us. + + "31, Wednesday. Breakfasted at Mr. Bayard's, of + Philadelphia, with Mr. Sprout, a Presbyterian minister. Made + a visit to Governor Ward of Rhode Island, at his lodgings. + There we were introduced to several gentlemen. Mr. + Dickinson, the Farmer of Pennsylvania, came in his coach + with four beautiful horses to Mr. Ward's lodgings, to see + us.... We dined with Mr. Lynch, his lady and daughter, at + their lodgings, ... and a very agreeable dinner and + afternoon we had, notwithstanding the violent heat. We were + all vastly pleased with Mr. Lynch. He is a solid, firm, + judicious man. + + "September 1, Thursday. This day we breakfasted at Mr. + Mifflin's. Mr. C. Thomson came in, and soon after Dr. Smith, + the famous Dr. Smith, the provost of the college.... We then + went to return visits to the gentlemen who had visited us. + We visited a Mr. Cadwallader, a gentleman of large fortune, + a grand and elegant house and furniture. We then visited Mr. + Powell, another splendid seat. We then visited the gentlemen + from South Carolina, and, about twelve, were introduced to + Mr. Galloway, the speaker of the House in Pennsylvania. We + dined at Friend Collins' ... with Governor Hopkins, Governor + Ward, Mr. Galloway, Mr. Rhoades, etc. In the evening all the + gentlemen of the Congress who were arrived in town, met at + Smith's, the new city tavern, and spent the evening + together. Twenty-five members were come. Virginia, North + Carolina, Maryland, and the city of New York were not + arrived. + + "2, Friday. Dined at Mr. Thomas Mifflin's with Mr. Lynch, + Mr. Middleton, and the two Rutledges with their ladies.... + We were very sociable and happy. After coffee we went to the + tavern, where we were introduced to Peyton Randolph, + Esquire, speaker of Virginia, Colonel Harrison, Richard + Henry Lee, Esquire, and Colonel Bland.... These gentlemen + from Virginia appear to be the most spirited and consistent + of any. Harrison said he would have come on foot rather than + not come. Bland said he would have gone, upon this occasion, + if it had been to Jericho. + + "3, Saturday. Breakfasted at Dr. Shippen's; Dr. Witherspoon + was there. Col. R. H. Lee lodges there; he is a masterly + man.... We went with Mr. William Barrell to his store, and + drank punch, and ate dried smoked sprats with him; read the + papers and our letters from Boston; dined with Mr. Joseph + Reed, the lawyer; ... spent the evening at Mr. Mifflin's, + with Lee and Harrison from Virginia, the two Rutledges, Dr. + Witherspoon, Dr. Shippen, Dr. Steptoe, and another + gentleman; an elegant supper, and we drank sentiments till + eleven o'clock. Lee and Harrison were very high. Lee had + dined with Mr. Dickinson, and drank Burgundy the whole + afternoon."[106] + +Accordingly, at 10 o'clock on Monday morning, the 5th of September, +when the delegates assembled at their rendezvous, the city tavern, and +marched together through the streets to Carpenters' Hall, for most of +them the stiffness of a first introduction was already broken, and +they could greet one another that morning with something of the +freedom and good fellowship of boon companions. Moreover, they were +then ready to proceed to business under the advantage of having +arranged beforehand an outline of what was first to be done. It had +been discovered, apparently, that the first serious question which +would meet them after their formal organization, was one relating to +the method of voting in the Congress, namely, whether each deputy +should have a vote, or only each colony; and if the latter, whether +the vote of each colony should be proportioned to its population and +property. + +Having arrived at the hall, and inspected it, and agreed that it would +serve the purpose, the delegates helped themselves to seats. Then Mr. +Lynch of South Carolina arose, and nominated Mr. Peyton Randolph of +Virginia for president. This nomination having been unanimously +adopted, Mr. Lynch likewise proposed Mr. Charles Thomson for +secretary, which was carried without opposition; but as Mr. Thomson +was not a delegate, and of course was not then present, the doorkeeper +was instructed to go out and find him, and say to him that his +immediate attendance was desired by the Congress. + +Next came the production and inspection of credentials. The roll +indicated that of the fifty-two delegates appointed, forty-four were +already upon the ground,--constituting an assemblage of representative +Americans, which, for dignity of character and for intellectual +eminence, was undoubtedly the most imposing that the colonies had ever +seen. In that room that day were such men as John Sullivan, John and +Samuel Adams, Stephen Hopkins, Roger Sherman, James Duane, John Jay, +Philip and William Livingston, Joseph Galloway, Thomas Mifflin, Caesar +Rodney, Thomas McKean, George Read, Samuel Chase, John and Edward +Rutledge, Christopher Gadsden, Henry Middleton, Edmund Pendleton, +George Washington, and Patrick Henry. + +Having thus got through with the mere routine of organization, which +must have taken a considerable time, James Duane, of New York, moved +the appointment of a committee "to prepare regulations for this +Congress." To this several gentlemen objected; whereupon John Adams, +thinking that Duane's purpose might have been misunderstood, "asked +leave of the president to request of the gentleman from New York an +explanation, and that he would point out some particular regulations +which he had in his mind." In reply to this request, Duane "mentioned +particularly the method of voting, whether it should be by colonies, +or by the poll, or by interests."[107] Thus Duane laid his finger on +perhaps the most sensitive nerve in that assemblage; but as he sat +down, the discussion of the subject which he had mentioned was +interrupted by a rather curious incident. This was the return of the +doorkeeper, having under his escort Mr. Charles Thomson. The latter +walked up the aisle, and standing opposite to the president, said, +with a bow, that he awaited his pleasure. The president replied: +"Congress desire the favor of you, sir, to take their minutes." +Without a word, only bowing his acquiescence, the secretary took his +seat at his desk, and began those modest but invaluable services from +which he did not cease until the Congress of the Confederation was +merged into that of the Union. + +The discussion, into which this incident had fallen as a momentary +episode, was then resumed. "After a short silence," says the man who +was thus inducted into office, "Patrick Henry arose to speak. I did +not then know him. He was dressed in a suit of parson's gray, and from +his appearance I took him for a Presbyterian clergyman, used to +haranguing the people. He observed that we were here met in a time and +on an occasion of great difficulty and distress; that our public +circumstances were like those of a man in deep embarrassment and +trouble, who had called his friends together to devise what was best +to be done for his relief;--one would propose one thing, and another a +different one, whilst perhaps a third would think of something better +suited to his unhappy circumstances, which he would embrace, and think +no more of the rejected schemes with which he would have nothing to +do."[108] + +Such is the rather meagre account, as given by one ear-witness, of +Patrick Henry's first speech in the Congress of 1774. From another +ear-witness we have another account, likewise very meagre, but giving, +probably, a somewhat more adequate idea of the drift and point of what +he said:-- + + "Mr. Henry then arose, and said this was the first general + congress which had ever happened; that no former congress + could be a precedent; that we should have occasion for more + general congresses, and therefore that a precedent ought to + be established now; that it would be a great injustice if a + little colony should have the same weight in the councils of + America as a great one; and therefore he was for a + committee."[109] + +The notable thing about both these accounts is that they agree in +showing Patrick Henry's first speech in Congress to have been not, as +has been represented, an impassioned portrayal of "general +grievances," but a plain and quiet handling of a mere "detail of +business." In the discussion he was followed by John Sullivan, who +merely observed that "a little colony had its all at stake as well as +a great one." The floor was then taken by John Adams, who seems to +have made a searching and vigorous argument,--exhibiting the great +difficulties attending any possible conclusion to which they might +come respecting the method of voting. At the end of his speech, +apparently, the House adjourned, to resume the consideration of the +subject on the following day.[110] + +Accordingly, on Tuesday morning the discussion was continued, and at +far greater length than on the previous day; the first speaker being +Patrick Henry himself, who seems now to have gone into the subject far +more broadly, and with much greater intensity of thought, than in his +first speech. + + "'Government,' said he, 'is dissolved. Fleets and armies and + the present state of things show that government is + dissolved. Where are your landmarks, your boundaries of + colonies? We are in a state of nature, sir. I did propose + that a scale should be laid down; that part of North America + which was once Massachusetts Bay, and that part which was + once Virginia, ought to be considered as having a weight. + Will not people complain,--"Ten thousand Virginians have not + outweighed one thousand others?" + + "'I will submit, however; I am determined to submit, if I am + overruled. + + "'A worthy gentleman near me [John Adams] seemed to admit + the necessity of obtaining a more adequate representation. + + "'I hope future ages will quote our proceedings with + applause. It is one of the great duties of the democratical + part of the constitution to keep itself pure. It is known in + my province that some other colonies are not so numerous or + rich as they are. I am for giving all the satisfaction in my + power. + + "'The distinctions between Virginians, Pennsylvanians, New + Yorkers, and New Englanders are no more. I am not a + Virginian, but an American. + + "'Slaves are to be thrown out of the question; and if the + freemen can be represented according to their numbers, I am + satisfied.' + + "The subject was then debated at length by Lynch, Rutledge, + Ward, Richard Henry Lee, Gadsden, Bland, and Pendleton, when + Patrick Henry again rose:-- + + "'I agree that authentic accounts cannot be had, if by + authenticity is meant attestations of officers of the crown. + I go upon the supposition that government is at an end. All + distinctions are thrown down. All America is thrown into one + mass. We must aim at the minutiae of rectitude.'" + +Patrick Henry was then followed by John Jay, who seems to have closed +the debate, and whose allusion to what his immediate predecessor had +said gives us some hint of the variations in Revolutionary opinion +then prevailing among the members, as well as of the advanced position +always taken by Patrick Henry:-- + + "'Could I suppose that we came to frame an American + constitution, instead of endeavoring to correct the faults + in an old one, I can't yet think that all government is at + an end. The measure of arbitrary power is not full; and I + think it must run over, before we undertake to frame a new + constitution. To the virtue, spirit, and abilities of + Virginia we owe much. I should always, therefore, from + inclination as well as justice, be for giving Virginia its + full weight. I am not clear that we ought not to be bound by + a majority, though ever so small; but I only mentioned it as + a matter of danger worthy of consideration.'"[111] + +Of this entire debate, the most significant issue is indicated by the +following passage from the journal for Tuesday, the 6th of +September:-- + + "_Resolved_, that in determining questions in this Congress, + each colony or province shall have one vote; the Congress + not being possessed of, or at present able to procure, + proper materials for ascertaining the importance of each + colony."[112] + +So far as it is now possible to ascertain it, such was Patrick Henry's +part in the first discussion held by the first Continental +Congress,--a discussion occupying parts of two days, and relating +purely to methods of procedure by that body, and not to the matters of +grievance between the colonies and Great Britain. We have a right to +infer something as to the quality of the first impression made upon +his associates by Patrick Henry in consequence of his three speeches +in this discussion, from the fact that when, at the close of it, an +order was taken for the appointment of two grand committees, one "to +state the rights of the colonies," the other "to examine and report +the several statutes which affect the trade and manufactures of the +colonies," Patrick Henry was chosen to represent Virginia on the +latter committee,[113]--a position not likely to have been selected +for a man who, however eloquent he may have seemed, had not also shown +business-like and lawyer-like qualities. + +The Congress kept steadily at work from Monday, the 5th of September, +to Wednesday, the 26th of October,--just seven weeks and two days. +Though not a legislative body, it resembled all legislative bodies +then in existence, in the fact that it sat with closed doors, and that +it gave to the public only such results as it chose to give. Upon the +difficult and exciting subjects which came before it, there were, very +likely, many splendid passages of debate; and we cannot doubt that in +all these discussions Patrick Henry took his usually conspicuous and +powerful share. Yet no official record was kept of what was said by +any member; and it is only from the hurried private memoranda of two +of his colleagues that we are able to learn anything more respecting +Patrick Henry's participation in the debates of those seven weeks. + +For example, just two weeks after the opening of this Congress, one of +its most critical members, Silas Deane of Connecticut, in a letter to +his wife, gave some capital sketches of his more prominent associates +there, especially those from the South,--as Randolph, Harrison, +Washington, Pendleton, Richard Henry Lee, and Patrick Henry. The +latter he describes as "a lawyer, and the completest speaker I ever +heard. If his future speeches are equal to the small samples he has +hitherto given us, they will be worth preserving; but in a letter I +can give you no idea of the music of his voice, or the high-wrought +yet natural elegance of his style and manner."[114] + +It was on the 28th of September that Joseph Galloway brought forward +his celebrated plan for a permanent reconciliation between Great +Britain and her colonies. This was simply a scheme for what we should +now call home rule, on a basis of colonial confederation, with an +American parliament to be elected every three years by the +legislatures of the several colonies, and with a governor-general to +be appointed by the crown. The plan came very near to adoption.[115] +The member who introduced it was a man of great ability and great +influence; it was supported by James Duane and John Jay; it was +pronounced by Edward Rutledge to be "almost a perfect plan;" and in +the final trial it was lost only by a vote of six colonies to five. +Could it have been adopted, the disruption of the British empire would +certainly have been averted for that epoch, and, as an act of +violence and of unkindness, would perhaps have been averted forever; +while the thirteen English colonies would have remained English +colonies, without ceasing to be free. + +The plan, however, was distrusted and resisted, with stern and +implacable hostility, by the more radical members of the Congress, +particularly by those from Massachusetts and Virginia; and an outline +of what Patrick Henry said in his assault upon it, delivered on the +very day on which it was introduced, is thus given by John Adams:-- + + "The original constitution of the colonies was founded on + the broadest and most generous base. The regulation of our + trade was compensation enough for all the protection we ever + experienced from her. + + "We shall liberate our constituents from a corrupt House of + Commons, but throw them into the arms of an American + legislature, that may be bribed by that nation which avows, + in the face of the world, that bribery is a part of her + system of government. + + "Before we are obliged to pay taxes as they do, let us be as + free as they; let us have our trade open with all the world. + + "We are not to consent by the representatives of + representatives. + + "I am inclined to think the present measures lead to + war."[116] + +The only other trace to be discovered of Patrick Henry's activity in +the debates of this Congress belongs to the day just before the one +on which Galloway's plan was introduced. The subject then under +discussion was the measure for non-importation and non-exportation. On +considerations of forbearance, Henry tried to have the date for the +application of this measure postponed from November to December, +saying, characteristically, "We don't mean to hurt even our rascals, +if we have any."[117] + +Probably the most notable work done by this Congress was its +preparation of those masterly state papers in which it interpreted and +affirmed the constitutional attitude of the colonies, and which, when +laid upon the table of the House of Lords, drew forth the splendid +encomium of Chatham.[118] In many respects the most important, and +certainly the most difficult, of these state papers, was the address +to the king. The motion for such an address was made on the 1st of +October. On the same day the preparation of it was entrusted to a very +able committee, consisting of Richard Henry Lee, John Adams, Thomas +Johnson, Patrick Henry, and John Rutledge; and on the 21st of October +the committee was strengthened by the accession of John Dickinson, who +had entered the Congress but four days before.[119] Precisely what +part Patrick Henry took in the preparation of this address is not now +known; but there is no evidence whatever for the assertion[120] that +the first draft, which, when submitted to Congress, proved to be +unsatisfactory, was the work of Patrick Henry. That draft, as is now +abundantly proved, was prepared by the chairman of the committee, +Richard Henry Lee, but after full instructions from Congress and from +the committee itself.[121] In its final form, the address was largely +moulded by the expert and gentle hand of John Dickinson.[122] No one +can doubt, however, that even though Patrick Henry may have +contributed nothing to the literary execution of this fine address, he +was not inactive in its construction,[123] and that he was not likely +to have suggested any abatement from its free and manly spirit. + +The only other committee on which he is known to have served during +this Congress was one to which his name was added on the 19th of +September,--"the committee appointed to state the rights of the +colonies,"[124] an object, certainly, far better suited to the +peculiarities of his talents and of his temper than that of the +committee for the conciliation of a king. + +Of course, the one gift in which Patrick Henry excelled all other men +of his time and neighborhood was the gift of eloquence; and it is not +to be doubted that in many other forms of effort, involving, for +example, plain sense, practical experience, and knowledge of details, +he was often equaled, and perhaps even surpassed, by men who had not a +particle of his genius for oratory. This fact, the analogue of which +is common in the history of all men of genius, seems to be the basis +of an anecdote which, possibly, is authentic, and which, at any rate, +has been handed down by one who was always a devoted friend[125] of +the great orator. It is said that, after Henry and Lee had made their +first speeches, Samuel Chase of Maryland was so impressed by their +superiority that he walked over to the seat of one of his colleagues +and said: "We might as well go home; we are not able to legislate with +these men." But some days afterward, perhaps in the midst of the work +of the committee on the statutes affecting trade and commerce, the +same member was able to relieve himself by the remark: "Well, after +all, I find these are but men, and, in mere matters of business, but +very common men."[126] + +It seems hardly right to pass from these studies upon the first +Continental Congress, and upon Patrick Henry's part in it, without +some reference to Wirt's treatment of the subject in a book which has +now been, for nearly three quarters of a century, the chief source of +public information concerning Patrick Henry. There is perhaps no other +portion of this book which is less worthy of respect.[127] It is not +only unhistoric in nearly all the very few alleged facts of the +narrative, but it does great injustice to Patrick Henry by +representing him virtually as a mere declaimer, as an ill-instructed +though most impressive rhapsodist in debate, and as without any claim +to the character of a serious statesman, or even of a man of affairs; +while, by the somewhat grandiose and melodramatic tone of some portion +of the narrative, it is singularly out of harmony with the real tone +of that famous assemblage,--an assemblage of Anglo-Saxon lawyers, +politicians, and men of business, who were probably about as practical +and sober-minded a company as had been got together for any manly +undertaking since that of Runnymede. + +Wirt begins by convening his Congress one day too soon, namely, on the +4th of September, which was Sunday; and he represents the members as +"personally strangers" to one another, and as sitting, after their +preliminary organization, in a "long and deep silence," the members +meanwhile looking around upon each other with a sort of helpless +anxiety, "every individual" being reluctant "to open a business so +fearfully momentous." But + + "in the midst of this deep and death-like silence, and just + when it was beginning to become painfully embarrassing, Mr. + Henry arose slowly, as if borne down by the weight of the + subject. After faltering, according to his habit, through a + most impressive exordium, in which he merely echoed back the + consciousness of every other heart in deploring his + inability to do justice to the occasion, he launched + gradually into a recital of the colonial wrongs. Rising, as + he advanced, with the grandeur of his subject, and glowing + at length with all the majesty and expectation of the + occasion, his speech seemed more than that of mortal man. + Even those who had heard him in all his glory in the House + of Burgesses of Virginia were astonished at the manner in + which his talents seemed to swell and expand themselves to + fill the vaster theatre in which he was now placed. There + was no rant, no rhapsody, no labor of the understanding, no + straining of the voice, no confusion of the utterance. His + countenance was erect, his eye steady, his action noble, his + enunciation clear and firm, his mind poised on its centre, + his views of his subject comprehensive and great, and his + imagination coruscating with a magnificence and a variety + which struck even that assembly with amazement and awe. He + sat down amidst murmurs of astonishment and applause; and, + as he had been before proclaimed the greatest orator of + Virginia, he was now on every hand admitted to be the first + orator of America."[128] + +This great speech from Patrick Henry, which certainly was not made on +that occasion, and probably was never made at all, Wirt causes to be +followed by a great speech from Richard Henry Lee, although the +journal could have informed him that Lee was not even in the House on +that day. Moreover, he makes Patrick Henry to be the author of the +unfortunate first draft of the address to the king,--a document which +was written by another man; and on this fiction he founds two or three +pages of lamentation and of homily with reference to Patrick Henry's +inability to express himself in writing, in consequence of "his early +neglect of literature." Finally, he thinks it due "to historic truth +to record that the superior powers" of Patrick Henry "were manifested +only in debate;" and that, although he and Richard Henry Lee "took the +undisputed lead in the Assembly," "during the first days of the +session, while general grievances were the topic," yet they were both +"completely thrown into the shade" "when called down from the heights +of declamation to that severer test of intellectual excellence, the +details of business,"--the writer here seeming to forget that "general +grievances" were not the topic "during the first days of the session," +and that the very speeches by which these two men are said to have +made their mark there, were speeches on mere rules of the House +relating to methods of procedure.[129] + +Since the death of Wirt, and the publication of the biography of him +by Kennedy, it has been possible for us to ascertain just how the +genial author of "The Life and Character of Patrick Henry" came to be +so gravely misled in this part of his book. "The whole passage +relative to the first Congress" appears to have been composed from +data furnished by Jefferson, who, however, was not a member of that +Congress; and in the original manuscript the very words of Jefferson +were surrounded with quotation marks, and were attributed to him by +name. When, however, that great man, who loved not to send out +calumnies into the world with his own name attached to them, came to +inspect this portion of Wirt's manuscript, he was moved by his usual +prudence to write such a letter as drew from Wirt the following +consolatory assurance:-- + + "Your repose shall never be endangered by any act of mine, + if I can help it. Immediately on the receipt of your last + letter, and before the manuscript had met any other eye, I + wrote over again the whole passage relative to the first + Congress, omitting the marks of quotation, and removing your + name altogether from the communication."[130] + +The final adjournment of the first Continental Congress, it will be +remembered, did not occur until its members had spent together more +than seven weeks of the closest intellectual intimacy. Surely, no mere +declaimer however enchanting, no sublime babbler on the rights of man, +no political charlatan strutting about for the display of his +preternatural gift of articulate wind, could have grappled in keen +debate, for all those weeks, on the greatest of earthly subjects, with +fifty of the ablest men in America, without exposing to their view all +his own intellectual poverty, and without losing the very last shred +of their intellectual respect for him. Whatever may have been the +impression formed of Patrick Henry as a mere orator by his associates +in that Congress, nothing can be plainer than that those men carried +with them to their homes that report of him as a man of extraordinary +intelligence, integrity, and power, which was the basis of his +subsequent fame for many years among the American people. Long +afterward, John Adams, who formed his estimate of Patrick Henry +chiefly from what he saw of him in that Congress, and who was never +much addicted to bestowing eulogiums on any man but John Adams, wrote +to Jefferson that "in the Congress of 1774 there was not one member, +except Patrick Henry, who appeared ... sensible of the precipice, or +rather the pinnacle, on which we stood, and had candor and courage +enough to acknowledge it."[131] To Wirt likewise, a few years later, +the same hard critic of men testified that Patrick Henry always +impressed him as a person "of deep reflection, keen sagacity, clear +foresight, daring enterprise, inflexible intrepidity, and untainted +integrity, with an ardent zeal for the liberties, the honor, and +felicity of his country and his species."[132] + +Of the parting interview between these two men, at the close of that +first period of thorough personal acquaintance, there remains from the +hand of one of them a graphic account that reveals to us something of +the conscious kinship which seems ever afterward to have bound +together their robust and impetuous natures. + + "When Congress," says John Adams, "had finished their + business, as they thought, in the autumn of 1774, I had with + Mr. Henry, before we took leave of each other, some familiar + conversation, in which I expressed a full conviction that + our resolves, declarations of rights, enumeration of wrongs, + petitions, remonstrances, and addresses, associations, and + non-importation agreements, however they might be expected + by the people in America, and however necessary to cement + the union of the colonies, would be but waste paper in + England. Mr. Henry said they might make some impression + among the people of England, but agreed with me that they + would be totally lost upon the government. I had but just + received a short and hasty letter, written to me by Major + Hawley, of Northampton, containing 'a few broken hints,' as + he called them, of what he thought was proper to be done, + and concluding[133] with these words: 'After all, we must + fight.' This letter I read to Mr. Henry, who listened with + great attention; and as soon as I had pronounced the words, + 'After all, we must fight,' he raised his head, and with an + energy and vehemence that I can never forget, broke out + with: 'By God, I am of that man's mind!'"[134] + +This anecdote, it may be mentioned, contains the only instance on +record, for any period of Patrick Henry's life, implying his use of +what at first may seem a profane oath. John Adams, upon whose very +fallible memory in old age the story rests, declares that he did not +at the time regard Patrick Henry's words as an oath, but rather as a +solemn asseveration, affirmed religiously, upon a very great occasion. +At any rate, that asseveration proved to be a prophecy; for from it +there then leaped a flame that lighted up for an instant the next +inevitable stage in the evolution of events,--the tragic and bloody +outcome of all these wary lucubrations and devices of the assembled +political wizards of America. + +It is interesting to note that, at the very time when the Congress at +Philadelphia was busy with its stern work, the people of Virginia were +grappling with the peril of an Indian war assailing them from beyond +their western mountains. There has recently been brought to light a +letter written at Hanover, on the 15th of October, 1774, by the aged +mother of Patrick Henry, to a friend living far out towards the +exposed district; and this letter is a touching memorial both of the +general anxiety over the two concurrent events, and of the motherly +pride and piety of the writer:-- + + "My son Patrick has been gone to Philadelphia near seven + weeks. The affairs of Congress are kept with great secrecy, + nobody being allowed to be present. I assure you we have our + lowland troubles and fears with respect to Great Britain. + Perhaps our good God may bring good to us out of these many + evils which threaten us, not only from the mountains but + from the seas."[135] + + +FOOTNOTES: + +[102] _Washington's Writings_, ii. 503. + +[103] _Works of John Adams_, ii. 357. + +[104] Meade, _Old Churches and Families of Va._ i. 220, 221. + +[105] _Works of John Adams_, ii. 361. + +[106] _Works of John Adams_, ii. 357-364. + +[107] _Works of John Adams_, ii. 365. + +[108] _Am. Quarterly Review_, i. 30, whence it is quoted in _Works of +John Adams_, iii. 29, 30, note. As regards the value of this testimony +of Charles Thomson, we should note that it is something alleged to +have been said by him at the age of ninety, in a conversation with a +friend, and by the latter reported to the author of the article above +cited in the _Am. Quart. Rev._ + +[109] _Works of John Adams_, ii. 365. + +[110] It seems to me that the second paragraph on page 366 of volume +ii. of the _Works of John Adams_ must be taken as his memorandum of +his own speech; and that what follows on that page, as well as on page +367, and the first half of page 368, is erroneously understood by the +editor as belonging to the first day's debate. It must have been an +outline of the second day's debate. This is proved partly by the fact +that it mentions Lee as taking part in the debate; but according to +the journal, Lee did not appear in Congress until the second day. 4 +_Am. Arch._ i. 898. + +[111] _Works of John Adams_, ii. 366-368. + +[112] 4 _Am. Arch._ i. 898, 899. + +[113] 4 _Am. Arch._ i. 899. + +[114] _Conn. Hist. Soc. Coll._ ii. 181. + +[115] The text of Galloway's plan is given in 4 _Am. Arch._ i. 905, +906. + +[116] _Works of John Adams_, ii. 390. + +[117] _Works of John Adams_, ii. 385. + +[118] Hansard, _Parl. Hist._ xviii. 155, 156 note, 157. + +[119] 4 _Am. Arch._ i. 906, 907, 927. + +[120] Wirt, 109. + +[121] _Works of John Adams_, x. 79; ii. 396, note; Lee's _Life of R. +H. Lee_, i. 116-118, 270-272. + +[122] _Political Writings_, ii. 19-29. + +[123] Thus John Adams, on 11th October, writes: "Spent the evening +with Mr. Henry at his lodgings consulting about a petition to the +king." _Works_, ii. 396. + +[124] 4 _Am. Arch._ i. 904. + +[125] Judge John Tyler, in Wirt, 109, note. + +[126] For another form of this tradition, see Curtis's _Life of +Webster_, i. 588. + +[127] Pages 105-113. + +[128] Wirt, 105, 106. + +[129] The exact rules under debate during those first two days are +given in 4 _Am. Arch._ i. 898, 899. + +[130] Kennedy, _Mem. of Wirt_, i. 364. + +[131] _Works of John Adams_, x. 78. + +[132] _Ibid._ x. 277. + +[133] As a matter of fact, the letter from Hawley began with these +words, instead of "concluding" with them. + +[134] _Works of John Adams_, x. 277, 278. + +[135] Peyton, _History of Augusta County_, 345, where will be found +the entire letter. + + + + +CHAPTER IX + +"AFTER ALL, WE MUST FIGHT" + + +We now approach that brilliant passage in the life of Patrick Henry +when, in the presence of the second revolutionary convention of +Virginia, he proclaimed the futility of all further efforts for peace, +and the instant necessity of preparing for war. + +The speech which he is said to have made on that occasion has been +committed to memory and declaimed by several generations of American +schoolboys, and is now perhaps familiarly known to a larger number of +the American people than any other considerable bit of secular prose +in our language. The old church at Richmond, in which he made this +marvelous speech, is in our time visited every year, as a patriotic +shrine, by thousands of pilgrims, who seek curiously the very spot +upon the floor where the orator is believed to have stood when he +uttered those words of flame. It is chiefly the tradition of that one +speech which to-day keeps alive, in millions of American homes, the +name of Patrick Henry, and which lifts him, in the popular faith, +almost to the rank of some mythical hero of romance. + +In reality, that speech, and the resolutions in support of which that +speech was made, constituted Patrick Henry's individual declaration of +war against Great Britain. But the question is: To what extent, if +any, was he therein original, or even in advance of his +fellow-countrymen, and particularly of his associates in the Virginia +convention? + +It is essential to a just understanding of the history of that crisis +in revolutionary thought, and it is of very high importance, likewise, +to the historic position of Patrick Henry, that no mistake be +committed here; especially that he be not made the victim of a +disastrous reaction from any overstatement[136] respecting the precise +nature and extent of the service then rendered by him to the cause of +the Revolution. + +We need, therefore, to glance for a moment at the period between +October, 1774, and March, 1775, with the purpose of tracing therein +the more important tokens of the growth of the popular conviction that +a war with Great Britain had become inevitable, and was to be +immediately prepared for by the several colonies,--two propositions +which form the substance of all that Patrick Henry said on the great +occasion now before us. + +As early as the 21st of October, 1774, the first Continental +Congress, after having suggested all possible methods for averting +war, made this solemn declaration to the people of the colonies: "We +think ourselves bound in duty to observe to you that the schemes +agitated against these colonies have been so conducted as to render it +prudent that you should extend your views to mournful events, and be +in all respects prepared for every emergency."[137] Just six days +later, John Dickinson, a most conservative and peace-loving member of +that Congress, wrote to an American friend in England: "I wish for +peace ardently; but must say, delightful as it is, it will come more +grateful by being unexpected. The first act of violence on the part of +administration in America, or the attempt to reinforce General Gage +this winter or next year, will put the whole continent in arms, from +Nova Scotia to Georgia."[138] On the following day, the same prudent +statesman wrote to another American friend, also in England: "The most +peaceful provinces are now animated; and a civil war is unavoidable, +unless there be a quick change of British measures."[139] On the 29th +of October, the eccentric Charles Lee, who was keenly watching the +symptoms of colonial discontent and resistance, wrote from +Philadelphia to an English nobleman: "Virginia, Rhode Island, and +Carolina are forming corps. Massachusetts Bay has long had a +sufficient number instructed to become instructive of the rest. Even +this Quakering province is following the example.... In short, unless +the banditti at Westminster speedily undo everything they have done, +their royal paymaster will hear of reviews and manoeuvres not quite so +entertaining as those he is presented with in Hyde Park and Wimbledon +Common."[140] On the 1st of November, a gentleman in Maryland wrote to +a kinsman in Glasgow: "The province of Virginia is raising one company +in every county.... This province has taken the hint, and has begun to +raise men in every county also; and to the northward they have large +bodies, capable of acquitting themselves with honor in the +field."[141] At about the same time, the General Assembly of +Connecticut ordered that every town should at once supply itself with +"double the quantity of powder, balls, and flints" that had been +hitherto required by law.[142] On the 5th of November, the officers of +the Virginia troops accompanying Lord Dunmore on his campaign against +the Indians held a meeting at Fort Gower, on the Ohio River, and +passed this resolution: "That we will exert every power within us for +the defence of American liberty, and for the support of her just +rights and privileges, not in any precipitate, riotous, or tumultuous +manner, but when regularly called forth by the unanimous voice of our +countrymen."[143] Not far from the same time, the people of Rhode +Island carried off to Providence from the batteries at Newport +forty-four pieces of cannon; and the governor frankly told the +commander of a British naval force near at hand that they had done +this in order to prevent these cannon from falling into his hands, and +with the purpose of using them against "any power that might offer to +molest the colony."[144] Early in December, the Provincial Convention +of Maryland recommended that all persons between sixteen and fifty +years of age should form themselves into military companies, and "be +in readiness to act on any emergency,"--with a sort of grim humor +prefacing their recommendation by this exquisite morsel of +argumentative irony:-- + + "_Resolved_ unanimously, that a well-regulated militia, + composed of the gentlemen freeholders and other freemen, is + the natural strength and only stable security of a free + government; and that such militia will relieve our mother + country from any expense in our protection and defence, will + obviate the pretence of a necessity for taxing us on that + account, and render it unnecessary to keep any standing + army--ever dangerous to liberty--in this province."[145] + +The shrewdness of this courteous political thrust on the part of the +convention of Maryland seems to have been so heartily relished by +others that it was thenceforward used again and again by similar +conventions elsewhere; and in fact, for the next few months, these +sentences became almost the stereotyped formula by which revolutionary +assemblages justified the arming and drilling of the militia,--as, +for example, that of Newcastle County, Delaware,[146] on the 21st of +December; that of Fairfax County, Virginia,[147] on the 17th of +January, 1775; and that of Augusta County, Virginia,[148] on the 22d +of February. + +In the mean time Lord Dunmore was not blind to all these military +preparations in Virginia; and so early as the 24th of December, 1774, +he had written to the Earl of Dartmouth: "Every county, besides, is +now arming a company of men, whom they call an independent company, +for the avowed purpose of protecting their committees, and to be +employed against government, if occasion require."[149] Moreover, this +alarming fact of military preparation, which Lord Dunmore had thus +reported concerning Virginia, could have been reported with equal +truth concerning nearly every other colony. In the early part of +January, 1775, the Assembly of Connecticut gave order that the entire +militia of that colony should be mustered every week.[150] In the +latter part of January, the provincial convention of Pennsylvania, +though representing a colony of Quakers, boldly proclaimed that, if +the administration "should determine by force to effect a submission +to the late arbitrary acts of the British Parliament," it would +"resist such force, and at every hazard ... defend the rights and +liberties of America."[151] On the 15th of February, the Provincial +Congress of Massachusetts urged the people to "spare neither time, +pains, nor expense, at so critical a juncture, in perfecting +themselves forthwith in military discipline."[152] + +When, therefore, so late as Monday, the 20th of March, 1775, the +second revolutionary convention of Virginia assembled at Richmond, its +members were well aware that one of the chief measures to come before +them for consideration must be that of recognizing the local military +preparations among their own constituents, and of placing them all +under some common organization and control. Accordingly, on Thursday, +the 23d of March, after three days had been given to necessary +preliminary subjects, the inevitable subject of military preparations +was reached. Then it was that Patrick Henry took the floor and moved +the adoption of the following resolutions, supporting his motion, +undoubtedly, with a speech:-- + + "_Resolved_, That a well-regulated militia, composed of + gentlemen and yeomen, is the natural strength and only + security of a free government; that such a militia in this + colony would forever render it unnecessary for the mother + country to keep among us for the purpose of our defence any + standing army of mercenary forces, always subversive of the + quiet and dangerous to the liberties of the people, and + would obviate the pretext of taxing us for their support. + + "_Resolved_, That the establishment of such a militia is at + this time peculiarly necessary, by the state of our laws for + the protection and defence of the country, some of which + have already expired, and others will shortly do so; and + that the known remissness of government in calling us + together in a legislative capacity, renders it too insecure, + in this time of danger and distress, to rely that + opportunity will be given of renewing them in general + assembly, or making any provision to secure our inestimable + rights and liberties from those further violations with + which they are threatened. + + "_Resolved, therefore_, That this colony be immediately put + into a posture of defence; and that ... be a committee to + prepare a plan for the embodying, arming, and disciplining + such a number of men as may be sufficient for that + purpose."[153] + +No one who reads these resolutions in the light of the facts just +given, can find in them anything by which to account for the +opposition which they are known to have met with in that assemblage. +For that assemblage, it must be remembered, was not the Virginia +legislature: it was a mere convention, and a revolutionary convention +at that, gathered in spite of the objections of Lord Dunmore, +representing simply the deliberate purpose of those Virginians who +meant not finally to submit to unjust laws; some of its members, +likewise, being under express instructions from their constituents to +take measures for the immediate and adequate military organization of +the colony. Not a man, probably, was sent to that convention, not a +man surely would have gone to it, who was not in substantial sympathy +with the prevailing revolutionary spirit. + +Of course, even they who were in sympathy with that spirit might have +objected to Patrick Henry's resolutions, had those resolutions been +marked by any startling novelty in doctrine, or by anything extreme or +violent in expression. But, plainly, they were neither extreme nor +violent; they were not even novel. They contained nothing essential +which had not been approved, in almost the same words, more than three +months before, by similar conventions in Maryland and in Delaware; +which had not been approved, in almost the same words, many weeks +before, by county conventions in Virginia,--in one instance, by a +county convention presided over by Washington himself; which had not +been approved, in other language, either weeks or months before, by +Massachusetts, Rhode Island, Connecticut, Pennsylvania, and other +colonies; which was not sanctioned by the plainest prudence on the +part of all persons who intended to make any further stand whatsoever +against the encroachments of Parliament. It is safe to say that no man +who had within him enough of the revolutionary spirit to have prompted +his attendance at a revolutionary convention could have objected to +any essential item in Patrick Henry's resolutions. + +Why, then, were they objected to? Why was their immediate passage +resisted? The official journal of the convention throws no light upon +the question: it records merely the adoption of the resolutions, and +is entirely silent respecting any discussion that they may have +provoked. Thirty years afterward, however, St. George Tucker, who, +though not a member of this convention, had yet as a visitor watched +its proceedings that day, gave from memory some account of them; and +to him we are indebted for the names of the principal men who stood +out against Patrick Henry's motion. "This produced," he says, "an +animated debate, in which Colonel Richard Bland, Mr. Nicholas, the +treasurer, and I think Colonel Harrison, of Berkeley, and Mr. +Pendleton, were opposed to the resolution, as conceiving it to be +premature;"[154] all these men being prudent politicians, indeed, but +all fully committed to the cause of the Revolution. + +At first, this testimony may seem to leave us as much in the dark as +before; and yet all who are familiar with the politics of Virginia at +that period will see in this cluster of names some clew to the secret +of their opposition. It was an opposition to Patrick Henry himself, +and as far as possible to any measure of which he should be the +leading champion. Yet even this is not enough. Whatever may have been +their private motives in resisting a measure advocated by Patrick +Henry, they must still have had some reason which they would be +willing to assign. St. George Tucker tells us that they conceived his +resolutions to be "premature." But in themselves his resolutions, so +far from being premature, were rather tardy; they lagged weeks and +even months behind many of the best counties in Virginia itself, as +well as behind those other colonies to which in political feeling +Virginia was always most nearly akin. + +The only possible explanation of the case seems to be found, not in +the resolutions themselves, but in the special interpretation put upon +them by Patrick Henry in the speech which, according to parliamentary +usage, he seems to have made in moving their adoption. What was that +interpretation? In the true answer to that question, no doubt, lies +the secret of the resistance which his motion encountered. For, down +to that day, no public body in America, and no public man, had openly +spoken of a war with Great Britain in any more decisive way than as a +thing highly probable, indeed, but still not inevitable. At last +Patrick Henry spoke of it, and he wanted to induce the convention of +Virginia to speak of it, as a thing inevitable. Others had said, "The +war must come, and will come,--unless certain things are done." +Patrick Henry, brushing away every prefix or suffix of uncertainty, +every half-despairing "if," every fragile and pathetic "unless," +exclaimed, in the hearing of all men: "Why talk of things being now +done which can avert the war? Such things will not be done. The war is +coming: it has come already." Accordingly, other conventions in the +colonies, in adopting similar resolutions, had merely announced the +probability of war. Patrick Henry would have this convention, by +adopting his resolutions, virtually declare war itself. + +In this alone, it is apparent, consisted the real priority and +offensiveness of Patrick Henry's position as a revolutionary statesman +on the 23d of March, 1775. In this alone were his resolutions +"premature." The very men who opposed them because they were to be +understood as closing the door against the possibility of peace, would +have favored them had they only left that door open, or even ajar. But +Patrick Henry demanded of the people of Virginia that they should +treat all further talk of peace as mere prattle; that they should +seize the actual situation by a bold grasp of it in front; that, +looking upon the war as a fact, they should instantly proceed to get +ready for it. And therein, once more, in revolutionary ideas, was +Patrick Henry one full step in advance of his contemporaries. Therein, +once more, did he justify the reluctant praise of Jefferson, who was a +member of that convention, and who, nearly fifty years afterward, said +concerning Patrick Henry to a great statesman from Massachusetts: +"After all, it must be allowed that he was our leader in the measures +of the Revolution in Virginia, and in that respect more is due to him +than to any other person.... He left all of us far behind."[155] + +Such, at any rate, we have a right to suppose, was the substantial +issue presented by the resolutions of Patrick Henry, and by his +introductory speech in support of them; and upon this issue the little +group of politicians--able and patriotic men, who always opposed his +leadership--then arrayed themselves against him, making the most, +doubtless, of everything favoring the possibility and the +desirableness of a peaceful adjustment of the great dispute. But their +opposition to him only produced the usual result,--of arousing him to +an effort which simply overpowered and scattered all further +resistance. It was in review of their whole quivering platoon of hopes +and fears, of doubts, cautions, and delays, that he then made the +speech which seems to have wrought astonishing effects upon those who +heard it, and which, though preserved in a most inadequate report, now +fills so great a space in the traditions of revolutionary eloquence:-- + + "'No man, Mr. President, thinks more highly than I do of the + patriotism, as well as the abilities, of the very honorable + gentlemen who have just addressed the House. But different + men often see the same subject in different lights; and, + therefore, I hope it will not be thought disrespectful to + those gentlemen if, entertaining, as I do, opinions of a + character very opposite to theirs, I should speak forth my + sentiments freely, and without reserve. This is no time for + ceremony. The question before the house is one of awful + moment to this country. For my own part, I consider it as + nothing less than a question of freedom or slavery. And in + proportion to the magnitude of the subject ought to be the + freedom of the debate. It is only in this way that we can + hope to arrive at truth, and fulfil the great responsibility + which we hold to God and our country. Should I keep back my + opinions at such a time, through fear of giving offence, I + should consider myself as guilty of treason towards my + country, and of an act of disloyalty towards the majesty of + Heaven, which I revere above all earthly kings. + + "'Mr. President, it is natural to man to indulge in the + illusions of Hope. We are apt to shut our eyes against a + painful truth, and listen to the song of that siren till she + transforms us into beasts. Is this the part of wise men, + engaged in a great and arduous struggle for liberty? Are we + disposed to be of the number of those who, having eyes, see + not, and having ears, hear not, the things which so nearly + concern their temporal salvation? For my part, whatever + anguish of spirit it may cost, I am willing to know the + whole truth; to know the worst, and to provide for it. + + "'I have but one lamp by which my feet are guided, and that + is the lamp of experience. I know of no way of judging of + the future but by the past. And, judging by the past, I wish + to know what there has been in the conduct of the British + ministry, for the last ten years, to justify those hopes + with which gentlemen have been pleased to solace themselves + and the House. Is it that insidious smile with which our + petition has been lately received? Trust it not, sir; it + will prove a snare to your feet. Suffer not yourselves to be + betrayed with a kiss. Ask yourselves how this gracious + reception of our petition comports with those warlike + preparations which cover our waters and darken our land. Are + fleets and armies necessary to a work of love and + reconciliation? Have we shown ourselves so unwilling to be + reconciled, that force must be called in to win back our + love? Let us not deceive ourselves, sir. These are the + implements of war and subjugation,--the last arguments to + which kings resort. + + "'I ask gentlemen, sir, what means this martial array, if + its purpose be not to force us to submission? Can gentlemen + assign any other possible motive for it? Has Great Britain + any enemy in this quarter of the world, to call for all this + accumulation of navies and armies? No, sir, she has none. + They are meant for us: they can be meant for no other. They + are sent over to bind and rivet upon us those chains which + the British ministry have been so long forging. + + "'And what have we to oppose to them? Shall we try argument? + Sir, we have been trying that for the last ten years. Have + we anything new to offer upon the subject? Nothing. We have + held the subject up in every light of which it is capable; + but it has been all in vain. Shall we resort to entreaty, + and humble supplication? What terms shall we find which have + not been already exhausted? + + "'Let us not, I beseech you, sir, deceive ourselves longer. + Sir, we have done everything that could be done to avert the + storm which is now coming on. We have petitioned; we have + remonstrated; we have supplicated; 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 glorious 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.'" + +Up to this point in his address, the orator seems to have spoken with +great deliberation and self-restraint. St. George Tucker, who was +present, and who has left a written statement of his recollections +both of the speech and of the scene, says:-- + + "It was on that occasion that I first felt a full impression + of Mr. Henry's powers. In vain should I attempt to give any + idea of his speech. He was calm and collected; touched upon + the origin and progress of the dispute between Great Britain + and the colonies, the various conciliatory measures adopted + by the latter, and the uniformly increasing tone of violence + and arrogance on the part of the former." + +Then follows, in Tucker's narrative, the passage included in the last +two paragraphs of the speech as given above, after which he adds:-- + + "Imagine to yourself this speech delivered with all the calm + dignity of Cato of Utica; imagine to yourself the Roman + senate assembled in the capitol when it was entered by the + profane Gauls, who at first were awed by their presence as + if they had entered an assembly of the gods; imagine that + you heard that Cato addressing such a senate; imagine that + you saw the handwriting on the wall of Belshazzar's palace; + imagine you heard a voice as from heaven uttering the words, + 'We must fight!' as the doom of fate,--and you may have some + idea of the speaker, the assembly to whom he addressed + himself, and the auditory of which I was one."[156] + +But, by a comparison of this testimony of St. George Tucker with that +of others who heard the speech, it is made evident that, as the orator +then advanced toward the conclusion and real climax of his argument, +he no longer maintained "the calm dignity of Cato of Utica," but that +his manner gradually deepened into an intensity of passion and a +dramatic power which were overwhelming. He thus continued:-- + + "'They tell us, sir, that we are weak,--unable to cope with + so formidable an adversary. But when shall we be stronger? + Will it be the next week, or the next year? Will it be when + we are totally disarmed, and when a British guard shall be + stationed in every house? Shall we gather strength by + irresolution and inaction? Shall we acquire the means of + effectual resistance by lying supinely on our backs, and + hugging the delusive phantom of Hope, until our enemies + shall have bound us hand and foot? + + "'Sir, we are not weak, if we make a proper use of those + means which the God of nature hath placed in our power. + Three millions of people armed in the holy cause of + liberty, and in such a country as that which we possess, are + invincible by any force which our enemy can send against us. + + "'Besides, sir, we shall not fight our battles alone. 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! + + "'It is in vain, sir, to extenuate the matter. Gentlemen may + cry peace, peace, but there is no peace. The war is actually + 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!'" + +Of this tremendous speech there are in existence two traditional +descriptions, neither of which is inconsistent with the testimony +given by St. George Tucker. He, as a lawyer and a judge, seems to have +retained the impression of that portion of the speech which was the +more argumentative and unimpassioned: the two other reporters seem to +have remembered especially its later and more emotional passages. Our +first traditional description was obtained by Henry Stephens Randall +from a clergyman, who had it from an aged friend, also a clergyman, +who heard the speech itself:-- + + "Henry rose with an unearthly fire burning in his eye. He + commenced somewhat calmly, but the smothered excitement + began more and more to play upon his features and thrill in + the tones of his voice. The tendons of his neck stood out + white and rigid like whip-cords. His voice rose louder and + louder, until the walls of the building, and all within + them, seemed to shake and rock in its tremendous vibrations. + Finally, his pale face and glaring eye became terrible to + look upon. Men leaned forward in their seats, with their + heads strained forward, their faces pale, and their eyes + glaring like the speaker's. His last exclamation, 'Give me + liberty, or give me death!' was like the shout of the leader + which turns back the rout of battle. The old man from whom + this tradition was derived added that, 'when the orator sat + down, he himself felt sick with excitement. Every eye yet + gazed entranced on Henry. It seemed as if a word from him + would have led to any wild explosion of violence. Men looked + beside themselves.'"[157] + +The second traditional description of the speech is here given from a +manuscript[158] of Edward Fontaine, who obtained it in 1834 from John +Roane, who himself heard the speech. Roane told Fontaine that the +orator's "voice, countenance, and gestures gave an irresistible force +to his words, which no description could make intelligible to one who +had never seen him, nor heard him speak;" but, in order to convey some +notion of the orator's manner, Roane described the delivery of the +closing sentences of the speech:-- + + "You remember, sir, the conclusion of the speech, so often + declaimed in various ways by school-boys,--'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!' He gave each of these words a meaning which is not + conveyed by the reading or delivery of them in the ordinary + way. When he said, 'Is life so dear, or peace so sweet, as + to be purchased at the price of chains and slavery?' he + stood in the attitude of a condemned galley slave, loaded + with fetters, awaiting his doom. His form was bowed; his + wrists were crossed; his manacles were almost visible as he + stood like an embodiment of helplessness and agony. After a + solemn pause, he raised his eyes and chained hands towards + heaven, and prayed, in words and tones which thrilled every + heart, 'Forbid it, Almighty God!' He then turned towards the + timid loyalists of the House, who were quaking with terror + at the idea of the consequences of participating in + proceedings which would be visited with the penalties of + treason by the British crown; and he slowly bent his form + yet nearer to the earth, and said, 'I know not what course + others may take,' and he accompanied the words with his + hands still crossed, while he seemed to be weighed down with + additional chains. The man appeared transformed into an + oppressed, heart-broken, and hopeless felon. After + remaining in this posture of humiliation long enough to + impress the imagination with the condition of the colony + under the iron heel of military despotism, he arose proudly, + and exclaimed, 'but as for me,'--and the words hissed + through his clenched teeth, while his body was thrown back, + and every muscle and tendon was strained against the fetters + which bound him, and, with his countenance distorted by + agony and rage, he looked for a moment like Laocoon in a + death struggle with coiling serpents; then the loud, clear, + triumphant notes, 'Give me liberty,' electrified the + assembly. It was not a prayer, but a stern demand, which + would submit to no refusal or delay. The sound of his voice, + as he spoke these memorable words, was like that of a + Spartan paean on the field of Plataea; and, as each syllable + of the word 'liberty' echoed through the building, his + fetters were shivered; his arms were hurled apart; and the + links of his chains were scattered to the winds. When he + spoke the word 'liberty' with an emphasis never given it + before, his hands were open, and his arms elevated and + extended; his countenance was radiant; he stood erect and + defiant; while the sound of his voice and the sublimity of + his attitude made him appear a magnificent incarnation of + Freedom, and expressed all that can be acquired or enjoyed + by nations and individuals invincible and free. After a + momentary pause, only long enough to permit the echo of the + word 'liberty' to cease, he let his left hand fall powerless + to his side, and clenched his right hand firmly, as if + holding a dagger with the point aimed at his breast. He + stood like a Roman senator defying Caesar, while the + unconquerable spirit of Cato of Utica flashed from every + feature; and he closed the grand appeal with the solemn + words, 'or give me death!' which sounded with the awful + cadence of a hero's dirge, fearless of death, and victorious + in death; and he suited the action to the word by a blow + upon the left breast with the right hand, which seemed to + drive the dagger to the patriot's heart."[159] + +Before passing from this celebrated speech, it is proper to say +something respecting the authenticity of the version of it which has +come down to us, and which is now so universally known in America. The +speech is given in these pages substantially as it was given by Wirt +in his "Life of Henry." Wirt himself does not mention whence he +obtained his version; and all efforts to discover that version as a +whole, in any writing prior to Wirt's book, have thus far been +unsuccessful. These facts have led even so genial a critic as Grigsby +to incline to the opinion that "much of the speech published by Wirt +is apocryphal."[160] It would, indeed, be an odd thing, and a source +of no little disturbance to many minds, if such should turn out to be +the case, and if we should have to conclude that an apocryphal speech +written by Wirt, and attributed by him to Patrick Henry fifteen years +after the great orator's death, had done more to perpetuate the renown +of Patrick Henry's oratory than had been done by any and all the words +actually spoken by the orator himself during his lifetime. On the +other hand, it should be said that Grigsby himself admits that "the +outline of the argument" and "some of its expressions" are undoubtedly +"authentic." That this is so is apparent, likewise, from the written +recollections of St. George Tucker, wherein the substance of the +speech is given, besides one entire passage in almost the exact +language of the version by Wirt. Finally, John Roane, in 1834, in his +conversation with Edward Fontaine, is said to have "verified the +correctness of the speech as it was written by Judge Tyler for Mr. +Wirt."[161] This, unfortunately, is the only intimation that has +anywhere been found attributing Wirt's version to the excellent +authority of Judge John Tyler. If the statement could be confirmed, it +would dispel every difficulty at once. But, even though the statement +should be set aside, enough would still remain to justify us in +thinking that Wirt's version of the famous speech by no means deserves +to be called "apocryphal," in any such sense as that word has when +applied, for example, to the speeches in Livy and in Thucydides, or in +Botta. In the first place, Wirt's version certainly gives the +substance of the speech as actually made by Patrick Henry on the +occasion named; and, for the form of it, Wirt seems to have gathered +testimony from all available living witnesses, and then, from such +sentences or snatches of sentences as these witnesses could remember, +as well as from his own conception of the orator's method of +expression, to have constructed the version which he has handed down +to us. Even in that case, it is probably far more accurate and +authentic than are most of the famous speeches attributed to public +characters before reporters' galleries were opened, and before the art +of reporting was brought to its present perfection. + +Returning, now, from this long account of Patrick Henry's most +celebrated speech, to the assemblage in which it was made, it remains +to be mentioned that the resolutions, as offered by Patrick Henry, +were carried; and that the committee, called for by those resolutions, +to prepare a plan for "embodying, arming, and disciplining" the +militia,[162] was at once appointed. Of this committee Patrick Henry +was chairman; and with him were associated Richard Henry Lee, +Nicholas, Harrison, Riddick, Washington, Stephen, Lewis, Christian, +Pendleton, Jefferson, and Zane. On the following day, Friday, the 24th +of March, the committee brought in its report, which was laid over for +one day, and then, after some amendment, was unanimously adopted. + +The convention did not close its labors until Monday, the 27th of +March. The contemporaneous estimate of Patrick Henry, not merely as a +leader in debate, but as a constitutional lawyer, and as a man of +affairs, may be partly gathered from the fact of his connection with +each of the two other important committees of this convention,--the +committee "to inquire whether his majesty may of right advance the +terms of granting lands in this colony,"[163] on which his associates +were the great lawyers, Bland, Jefferson, Nicholas, and Pendleton; and +the committee "to prepare a plan for the encouragement of arts and +manufactures in this colony,"[164] on which his associates were +Nicholas, Bland, Mercer, Pendleton, Cary, Carter of Stafford, +Harrison, Richard Henry Lee, Clapham, Washington, Holt, and Newton. + + +FOOTNOTES: + +[136] For an example of such overstatement, see Wirt, 114-123. See, +also, the damaging comments thereon by Rives, _Life of Madison_, i. +63, 64. + +[137] 4 _Am. Arch._ i. 928. + +[138] 4 _Ibid._ i. 947. + +[139] _Ibid._ + +[140] 4 _Am. Arch._ i. 949, 950. + +[141] _Ibid._ i. 953. + +[142] _Ibid._ 858. + +[143] _Ibid._ i. 963. + +[144] Hildreth, iii. 52. + +[145] 4 _Am. Arch._ i. 1032. + +[146] 4 _Am. Arch._ i. 1022. + +[147] _Ibid._ i. 1145. + +[148] _Ibid._ i. 1254. + +[149] _Ibid._ i. 1062. + +[150] _Ibid._ i. 1139. + +[151] _Ibid._ i. 1171. + +[152] 4 _Am. Arch._ i. 1340. + +[153] 4 _Am. Arch._ ii. 167, 168. + +[154] MS. + +[155] Curtis, _Life of Webster_, i. 585. + +[156] MS. + +[157] Randall, _Life of Jefferson_, i. 101, 102. + +[158] Now in the library of Cornell University. + +[159] MS. + +[160] _Va. Conv. of 1776_, 150, note. + +[161] MS. + +[162] 4 _Am. Arch._ ii. 168. + +[163] 4 _Am. Arch._ ii. 1742. + +[164] _Ibid._ 170. + + + + +CHAPTER X + +THE RAPE OF THE GUNPOWDER + + +Several of the famous men of the Revolution, whose distinction is now +exclusively that of civilians, are supposed to have cherished very +decided military aspirations; to have been rather envious of the more +vivid renown acquired by some of their political associates who left +the senate for the field; and, indeed, to have made occasional efforts +to secure for themselves the opportunity for glory in the same pungent +and fascinating form. A notable example of this class of Revolutionary +civilians with abortive military desires, is John Hancock. In June, +1775, when Congress had before it the task of selecting one who should +be the military leader of the uprisen colonists, John Hancock, seated +in the president's chair, gave unmistakable signs of thinking that the +choice ought to fall upon himself. While John Adams was speaking in +general terms of the military situation, involving, of course, the +need of a commander-in-chief, Hancock heard him "with visible +pleasure;" but when the orator came to point out Washington as the man +best fitted for the leadership, "a sudden and striking change" came +over the countenance of the president. "Mortification and resentment +were expressed as forcibly as his face could exhibit them;"[165] and +it is probable that, to the end of his days, he was never able +entirely to forgive Washington for having carried off the martial +glory that he had really believed to be within his own reach. But even +John Adams, who so pitilessly unveiled the baffled military desires of +Hancock, was perhaps not altogether unacquainted with similar emotions +in his own soul. Fully three weeks prior to that notable scene in +Congress, in a letter to his wife in which he was speaking of the +amazing military spirit then running through the continent, and of the +military appointments then held by several of his Philadelphia +friends, he exclaimed in his impulsive way, "Oh that I were a soldier! +I will be."[166] And on the very day on which he joined in the escort +of the new generals, Washington, Lee, and Schuyler, on their first +departure from Philadelphia for the American camp, he sent off to his +wife a characteristic letter revealing something of the anguish with +which he, a civilian, viewed the possibility of his being at a +disadvantage with these military men in the race for glory:-- + + "The three generals were all mounted on horseback, + accompanied by Major Mifflin, who is gone in the character + of aide-de-camp. All the delegates from the Massachusetts, + with their servants and carriages, attended. Many others of + the delegates from the Congress; a large troop of light + horse in their uniforms; many officers of militia, besides, + in theirs; music playing, etc., etc. Such is the pride and + pomp of war. I, poor creature, worn out with scribbling for + my bread and my liberty, low in spirits and weak in health, + must leave to others to wear the laurels which I have sown; + others to eat the bread which I have earned."[167] + +Of Patrick Henry, however, it may be said that his permanent fame as +an orator and a statesman has almost effaced the memory of the fact +that, in the first year of the war, he had considerable prominence as +a soldier; that it was then believed by many, and very likely by +himself, that, having done as much as any man to bring on the war, he +was next to do as much as any man in the actual conduct of it, and was +thus destined to add to a civil renown of almost unapproached +brilliance, a similar renown for splendid talents in the field. At any +rate, the "first overt act of war" in Virginia, as Jefferson +testifies,[168] was committed by Patrick Henry. The first physical +resistance to a royal governor, which in Massachusetts was made by the +embattled farmers at Lexington and Concord, was made in Virginia +almost as early, under the direction and inspiration of Patrick +Henry's leadership. In the first organization of the Revolutionary +army in Virginia, the chief command was given to Patrick Henry. +Finally, that he never had the opportunity of proving in battle +whether or not he had military talents, and that, after some months of +nominal command, he was driven by a series of official slights into an +abandonment of his military career, may have been occasioned solely by +a proper distrust of his military capacity on the part of the Virginia +Committee of Safety, or it may have been due in some measure to the +unslumbering jealousy of him which was at the time attributed to the +leading members of that committee. The purpose of this chapter, and of +the next, will be to present a rapid grouping of these incidents in +his life,--incidents which now have the appearance of a mere episode, +but which once seemed the possible beginnings of a deliberate and +conspicuous military career. + +Within the city of Williamsburg, at the period now spoken of, had long +been kept the public storehouse for gunpowder and arms. In the dead of +the night[169] preceding the 21st of April, 1775,--a little less than +a month, therefore, after the convention of Virginia had proclaimed +the inevitable approach of a war with Great Britain,--a detachment of +marines from the armed schooner Magdalen, then lying in the James +River, stealthily visited this storehouse, and, taking thence fifteen +half-barrels of gunpowder,[170] carried them off in Lord Dunmore's +wagon to Burwell's Ferry, and put them on board their vessel. Of +course, the news of this exploit flew fast through the colony, and +everywhere awoke alarm and exasperation. Soon some thousands of armed +men made ready to march to the capital to demand the restoration of +the gunpowder. On Tuesday, the 25th of April, the independent company +of Fredericksburg notified their colonel, George Washington, that, +with his approbation, they would be prepared to start for Williamsburg +on the following Saturday, "properly accoutred as light-horsemen," and +in conjunction with "any other bodies of armed men who" might be +"willing to appear in support of the honor of Virginia."[171] + +Similar messages were promptly sent to Washington from the independent +companies of Prince William[172] and Albemarle counties.[173] On +Wednesday, the 26th of April, the men in arms who had already arrived +at Fredericksburg sent to the capital a swift messenger "to inquire +whether the gunpowder had been replaced in the public magazine."[174] +On Saturday, the 29th,--being the day already fixed for the march upon +Williamsburg,--one hundred and two gentlemen, representing fourteen +companies of light-horse, met in council at Fredericksburg, and, after +considering a letter from the venerable Peyton Randolph which their +messenger had brought back with him, particularly Randolph's assurance +that the affair of the gunpowder was to be satisfactorily arranged, +came to the resolution that they would proceed no further at that +time; adding, however, this solemn declaration: "We do now pledge +ourselves to each other to be in readiness, at a moment's warning, to +reassemble, and by force of arms to defend the law, the liberty, and +rights of this or any sister colony from unjust and wicked +invasion."[175] + +It is at this point that Patrick Henry comes upon the scene. Thus far, +during the trouble, he appears to have been watching events from his +home in Hanover County. As soon, however, as word was brought to him +of the tame conclusion thus reached by the assembled warriors at +Fredericksburg, his soul took fire at the lamentable mistake which he +thought they had made. To him it seemed on every account the part of +wisdom that the blow, which would have to be "struck sooner or later, +should be struck at once, before an overwhelming force should enter +the colony;" that the spell by which the people were held in a sort of +superstitious awe of the governor should be broken; "that the military +resources of the country should be developed;" that the people should +be made to "see and feel their strength by being brought out together; +that the revolution should be set in actual motion in the colony; that +the martial prowess of the country should be awakened, and the +soldiery animated by that proud and resolute confidence which a +successful enterprise in the commencement of a contest never fails to +inspire."[176] + +Accordingly, he resolved that, as the troops lately rendezvoused at +Fredericksburg had forborne to strike this needful blow, he would +endeavor to repair the mistake by striking it himself. At once, +therefore, he despatched expresses to the officers and men of the +independent company of his own county, "requesting them to meet him in +arms at New Castle on the second of May, on business of the highest +importance to American liberty."[177] He also summoned the county +committee to meet him at the same time and place. + +At the place and time appointed his neighbors were duly assembled; and +when he had laid before them, in a speech of wonderful eloquence, his +view of the situation, they instantly resolved to put themselves under +his command, and to march at once to the capital, either to recover +the gunpowder itself, or to make reprisals on the king's property +sufficient to replace it. Without delay the march began, Captain +Patrick Henry leading. By sunset of the following day, they had got as +far as to Doncastle's Ordinary, about sixteen miles from Williamsburg, +and there rested for the night. Meantime, the news that Patrick Henry +was marching with armed men straight against Lord Dunmore, to demand +the restoration of the gunpowder or payment for it, carried +exhilaration or terror in all directions. On the one hand, many +prudent and conservative gentlemen were horrified at his rashness, +and sent messenger after messenger to beg him to stay his fearful +proceeding, to turn about, and to go home.[178] On the other hand, as +the word flew from county to county that Patrick Henry had taken up +the people's cause in this vigorous fashion, five thousand men sprang +to arms, and started across the country to join the ranks of his +followers, and to lend a hand in case of need. At Williamsburg, the +rumor of his approach brought on a scene of consternation. The wife +and family of Lord Dunmore were hurried away to a place of safety. +Further down the river, the commander of his majesty's ship Fowey was +notified that "his excellency the Lord Dunmore, governor of Virginia," +was "threatened with an attack at daybreak, ... at his palace at +Williamsburg;" and for his defence was speedily sent off a detachment +of marines.[179] Before daybreak, however, the governor seems to have +come to the prudent decision to avert, by a timely settlement with +Patrick Henry, the impending attack; and accordingly, soon after +daybreak, a messenger arrived at Doncastle's Ordinary, there to tender +immediate satisfaction in money for the gunpowder that had been +ravished away.[180] The troops, having already resumed their march, +were halted; and soon a settlement of the trouble was effected, +according to the terms of the following singular document:-- + + DONCASTLE'S ORDINARY, NEW KENT, May 4, 1775. + + Received from the Honorable Richard Corbin, Esq., his + majesty's receiver-general, L330, as a compensation for the + gunpowder lately taken out of the public magazine by the + governor's order; which money I promise to convey to the + Virginia delegates at the General Congress, to be under + their direction laid out in gunpowder for the colony's use, + and to be stored as they shall direct, until the next colony + convention or General Assembly; unless it shall be + necessary, in the mean time, to use the same in defence of + this colony. It is agreed, that in case the next convention + shall determine that any part of the said money ought to be + returned to his majesty's receiver-general, that the same + shall be done accordingly. + + PATRICK HENRY, JUNIOR.[181] + +The chief object for which Patrick Henry and his soldiers had taken +the trouble to come to that place having been thus suddenly +accomplished, there was but one thing left for them to do before they +should return to their homes. Robert Carter Nicholas, the treasurer of +the colony, was at Williamsburg; and to him Patrick Henry at once +despatched a letter informing him of the arrangement that had been +made, and offering to him any protection that he might in consequence +require:-- + + May 4, 1775. + + SIR,--The affair of the powder is now settled, so as to + produce satisfaction in me, and I earnestly wish to the + colony in general. The people here have it in charge from + the Hanover committee, to tender their services to you as a + public officer, for the purpose of escorting the public + treasury to any place in this colony where the money would + be judged more safe than in the city of Williamsburg. The + reprisal now made by the Hanover volunteers, though + accomplished in a manner least liable to the imputation of + violent extremity, may possibly be the cause of future + injury to the treasury. If, therefore, you apprehend the + least danger, a sufficient guard is at your service. I beg + the return of the bearer may be instant, because the men + wish to know their destination. + + With great regard, I am, sir, + Your most humble servant, + PATRICK HENRY, JUNIOR. + + TO ROBERT CARTER NICHOLAS, Esq., Treasurer.[182] + +Patrick Henry's desire for an immediate answer from the respectable +Mr. Nicholas was gratified, although it came in the form of a +dignified rebuff: Mr. Nicholas "had no apprehension of the necessity +or propriety of the proffered service."[183] + +No direct communication seems to have been had at that time with Lord +Dunmore; but two days afterward his lordship, having given to Patrick +Henry ample time to withdraw to a more agreeable distance, sent +thundering after him this portentous proclamation:-- + + Whereas I have been informed from undoubted authority that a + certain Patrick Henry, of the county of Hanover, and a + number of deluded followers, have taken up arms, chosen + their officers, and styling themselves an independent + company, have marched out of their county, encamped, and put + themselves in a posture of war, and have written and + dispatched letters to divers parts of the country, exciting + the people to join in these outrageous and rebellious + practices, to the great terror of all his majesty's faithful + subjects, and in open defiance of law and government; and + have committed other acts of violence, particularly in + extorting from his majesty's receiver-general the sum of + three hundred and thirty pounds, under pretence of replacing + the powder I thought proper to order from the magazine; + whence it undeniably appears that there is no longer the + least security for the life or property of any man: + wherefore, I have thought proper, with the advice of his + majesty's council, and in his majesty's name, to issue this + my proclamation, strictly charging all persons, upon their + allegiance, not to aid, abet, or give countenance to the + said Patrick Henry, or any other persons concerned in such + unwarrantable combinations, but on the contrary to oppose + them and their designs by every means; which designs must, + otherwise, inevitably involve the whole country in the most + direful calamity, as they will call for the vengeance of + offended majesty and the insulted laws to be exerted here, + to vindicate the constitutional authority of government. + + Given under my hand and the seal of the colony, at + Williamsburg, this 6th day of May, 1775, and in the + fifteenth year of his majesty's reign. + + DUNMORE. + + God save the king.[184] + +Beyond question, there were in Virginia at that time many excellent +gentlemen who still trusted that the dispute with Great Britain might +be composed without bloodshed, and to whom Patrick Henry's conduct in +this affair must have appeared foolhardy, presumptuous, and even +criminal. The mass of the people of Virginia, however, did not incline +to take that view of the subject. They had no faith any longer in +timid counsels, in hesitating measures. They believed that their most +important earthly rights were in danger. They longed for a leader with +vigor, promptitude, courage, caring less for technical propriety than +for justice, and not afraid to say so, by word or deed, to Lord +Dunmore and to Lord Dunmore's master. Such a leader they thought they +saw in Patrick Henry. Accordingly, even on his march homeward from +Doncastle's Ordinary, the heart of Virginia began to go forth to him +in expressions of love, of gratitude, and of homage, such as no +American colonist perhaps had ever before received. Upon his return +home, his own county greeted him with its official approval.[185] On +the 8th of May, the county of Louisa sent him her thanks;[186] and on +the following day, messages to the same effect were sent from the +counties of Orange and Spottsylvania.[187] On the 19th of May, an +address "to the inhabitants of Virginia," under the signature of +"Brutus," saluted Patrick Henry as "his country's and America's +unalterable and unappalled great advocate and friend."[188] On the 22d +of May, Prince William County declared its thanks to be "justly due to +Captain Patrick Henry, and the gentlemen volunteers who attended him, +for their proper and spirited conduct."[189] On the 26th of May, +Loudoun County declared its cordial approval.[190] On the 9th of June, +the volunteer company of Lancaster County resolved "that every member +of this company do return thanks to the worthy Captain Patrick Henry +and the volunteer company of Hanover, for their spirited conduct on a +late expedition, and they are determined to protect him from any +insult that may be offered him, on that account, at the risk of life +and fortune."[191] On the 19th of June, resolutions of gratitude and +confidence were voted by the counties of Prince Edward and of +Frederick, the latter saying:-- + + "We should blush to be thus late in our commendations of, + and thanks to, Patrick Henry, Esquire, for his patriotic and + spirited behavior in making reprisals for the powder so + unconstitutionally ... taken from the public magazine, could + we have entertained a thought that any part of the colony + would have condemned a measure calculated for the benefit of + the whole; but as we are informed this is the case, we beg + leave ... to assure that gentleman that we did from the + first, and still do, most cordially approve and commend his + conduct in that affair. The good people of this county will + never fail to approve and support him to the utmost of their + powers in every action derived from so rich a source as the + love of his country. We heartily thank him for stepping + forth to convince the tools of despotism that freeborn men + are not to be intimidated, by any form of danger, to submit + to the arbitrary acts of their rulers."[192] + +On the 10th of July, the county of Fincastle prolonged the strain of +public affection and applause by assuring Patrick Henry that it would +support and justify him at the risk of life and fortune.[193] + +In the mean time, the second Continental Congress had already convened +at Philadelphia, beginning its work on the 10th of May. The journal +mentions the presence, on that day, of all the delegates from +Virginia, excepting Patrick Henry, who, of course, had been delayed in +his preparations for the journey by the events which we have just +described. Not until the 11th of May was he able to set out from his +home; and he was then accompanied upon his journey, to a point beyond +the borders of the colony, by a spontaneous escort of armed men,--a +token, not only of the popular love for him, but of the popular +anxiety lest Dunmore should take the occasion of an unprotected +journey to put him under arrest. "Yesterday," says a document dated +at Hanover, May the 12th, 1775, "Patrick Henry, one of the delegates +for this colony, escorted by a number of respectable young gentlemen, +volunteers from this and King William and Caroline counties, set out +to attend the General Congress. They proceeded with him as far as Mrs. +Hooe's ferry, on the Potomac, by whom they were most kindly and +hospitably entertained, and also provided with boats and hands to +cross the river; and after partaking of this lady's beneficence, the +bulk of the company took their leave of Mr. Henry, saluting him with +two platoons and repeated huzzas. A guard accompanied that worthy +gentleman to the Maryland side, who saw him safely landed; and +committing him to the gracious and wise Disposer of all human events, +to guide and protect him whilst contending for a restitution of our +dearest rights and liberties, they wished him a safe journey, and +happy return to his family and friends."[194] + + +FOOTNOTES: + +[165] _Works of John Adams_, ii. 415-417. + +[166] _Letters of John Adams to his Wife_, i. 40. + +[167] _Letters of John Adams to his Wife_, i. 47, 48. + +[168] _Works of Jefferson_, i. 116. + +[169] 4 _Am. Arch._ ii. 1227. + +[170] _Ibid._ iii. 390. + +[171] 4 _Am. Arch._ ii. 387. + +[172] _Ibid._ ii. 395. + +[173] _Ibid._ ii. 442, 443. + +[174] _Ibid._ ii. 426. + +[175] 4 _Am. Arch._ ii. 443. + +[176] Patrick Henry's reasons were thus stated by him at the time to +Colonel Richard Morris and Captain George Dabney, and by the latter +were communicated to Wirt, 136, 137. + +[177] Wirt, 137, 138. + +[178] Wirt, 141. + +[179] 4 _Am. Arch._ ii. 504 + +[180] Cooke, _Virginia_, 432. + +[181] 4 _Am. Arch._ ii. 540. + +[182] 4 _Am. Arch._ ii. 541. + +[183] _Ibid._ + +[184] 4 _Am. Arch._ ii. 516. + +[185] 4 _Am. Arch._ ii. 540, 541. + +[186] _Ibid._ ii. 529. + +[187] _Ibid._ ii. 539, 540. + +[188] 4 _Am. Arch._ ii. 641. + +[189] _Ibid._ ii. 667. + +[190] _Ibid._ ii. 710, 711. + +[191] _Ibid._ ii. 938. + +[192] 4 _Am. Arch._ ii. 1024. + +[193] _Ibid._ ii. 1620, 1621. For notable comments on Patrick Henry's +"striking and lucky _coup de main_," see Rives, _Life of Madison_, i. +93, 94; _Works of Jefferson_, i. 116, 117; Charles Mackay, _Founders +of the American Republic_, 232-234; 327. + +[194] 4 _Am. Arch._ ii. 541. + + + + +CHAPTER XI + +IN CONGRESS AND IN CAMP + + +On Thursday, the 18th of May, Patrick Henry took his seat in the +second Continental Congress; and he appears thenceforward to have +continued in attendance until the very end of the session, which +occurred on the 1st of August. From the official journal of this +Congress, it is impossible to ascertain the full extent of any +member's participation in its work. Its proceedings were transacted in +secret; and only such results were announced to the public as, in the +opinion of Congress, it was desirable that the public should know. +Then, too, from the private correspondence and the diaries of its +members but little help can be got. As affecting Patrick Henry, almost +the only non-official testimony that has been found is that of +Jefferson, who, however, did not enter this Congress until its session +was half gone, and who, forty years afterward, wrote what he probably +supposed to be his recollections concerning his old friend's +deportment and influence in that body:-- + + "I found Mr. Henry to be a silent and almost unmeddling + member in Congress. On the original opening of that body, + while general grievances were the topic, he was in his + element, and captivated all by his bold and splendid + eloquence. But as soon as they came to specific matters, to + sober reasoning and solid argumentation, he had the good + sense to perceive that his declamation, however excellent in + its proper place, had no weight at all in such an assembly + as that, of cool-headed, reflecting, judicious men. He + ceased, therefore, in a great measure, to take any part in + the business. He seemed, indeed, very tired of the place, + and wonderfully relieved when, by appointment of the + Virginia convention to be colonel of their first regiment, + he was permitted to leave Congress about the last of + July."[195] + +Perhaps the principal value of this testimony is to serve as an +illustration of the extreme fragility of any man's memory respecting +events long passed, even in his own experience. Thus, Jefferson here +remembers how "wonderfully relieved" Patrick Henry was at being +"permitted to leave Congress" on account of his appointment by the +Virginia convention "to be colonel of their first regiment." But, from +the official records of the time, it can now be shown that neither of +the things which Jefferson thus remembers, ever had any existence in +fact. In the first place, the journal of the Virginia convention[196] +indicates that Patrick Henry's appointment as colonel could not have +been the occasion of any such relief from congressional duties as +Jefferson speaks of; for that appointment was not made until five +days after Congress itself had adjourned, when, of course, Patrick +Henry and his fellow delegates, including Jefferson, were already far +advanced on their journey back to Virginia. In the second place, the +journal of Congress[197] indicates that Patrick Henry had no such +relief from congressional duties, on any account, but was bearing his +full share in its business, even in the plainest and most practical +details, down to the very end of the session. + +Any one who now recalls the tremendous events that were taking place +in the land while the second Continental Congress was in session, and +the immense questions of policy and of administration with which it +had to deal, will find it hard to believe that its deliberations were +out of the range of Patrick Henry's sympathies or capacities, or that +he could have been the listless, speechless, and ineffective member +depicted by the later pen of Jefferson. When that Congress first came +together, the blood was as yet hardly dry on the grass in Lexington +Common; on the very morning on which its session opened, the colonial +troops burst into the stronghold at Ticonderoga; and when the session +had lasted but six weeks, its members were conferring together over +the ghastly news from Bunker Hill. The organization of some kind of +national government for thirteen colonies precipitated into a state of +war; the creation of a national army; the selection of a +commander-in-chief, and of the officers to serve under him; the +hurried fortification of coasts, harbors, cities; the supply of the +troops with clothes, tents, weapons, ammunition, food, medicine; +protection against the Indian tribes along the frontier of nearly +every colony; the goodwill of the people of Canada, and of Jamaica; a +solemn, final appeal to the king and to the people of England; an +appeal to the people of Ireland; finally, a grave statement to all +mankind of "the causes and necessity of their taking up arms,"--these +were among the weighty and soul-stirring matters which the second +Continental Congress had to consider and to decide upon. For any man +to say, forty years afterward, even though he say it with all the +authority of the renown of Thomas Jefferson, that, in the presence of +such questions, the spirit of Patrick Henry was dull or unconcerned, +and that, in a Congress which had to deal with such questions, he was +"a silent and almost unmeddling member," is to put a strain upon human +confidence which it is unable to bear. + +The formula by which the daily labors of this Congress are frequently +described in its own journal is, that "Congress met according to +adjournment, and, agreeable to the order of the day, again resolved +itself into a committee of the whole to take into consideration the +state of America; and after some time spent therein, the president +resumed the chair, and Mr. Ward, from the committee, reported that +they had proceeded in the business, but, not having completed it, +desired him to move for leave to sit again."[198] And although, from +the beginning to the end of the session, no mention is made of any +word spoken in debate by any member, we can yet glean, even from that +meagre record, enough to prove that upon Patrick Henry was laid about +as much labor in the form of committee-work as upon any other member +of the House,--a fair test, it is believed, of any man's zeal, +industry, and influence in any legislative body. + +Further, it will be noted that the committee-work to which he was thus +assigned was often of the homeliest and most prosaic kind, calling not +for declamatory gifts, but for common sense, discrimination, +experience, and knowledge of men and things. He seems, also, to have +had special interest and authority in the several anxious phases of +the Indian question as presented by the exigencies of that awful +crisis, and to have been placed on every committee that was appointed +to deal with any branch of the subject. Thus, on the 16th of June, he +was placed with General Schuyler, James Duane, James Wilson, and +Philip Livingston, on a committee "to take into consideration the +papers transmitted from the convention of New York, relative to Indian +affairs, and report what steps, in their opinion, are necessary to be +taken for securing and preserving the friendship of the Indian +nations."[199] On the 19th of June, he served with John Adams and +Thomas Lynch on a committee to inform Charles Lee of his appointment +as second major-general; and when Lee's answer imported that his +situation and circumstances as a British officer required some further +and very careful negotiations with Congress, Patrick Henry was placed +upon the special committee to which this delicate business was +intrusted.[200] On the 21st of June, the very day on which, according +to the journal, "Mr. Thomas Jefferson appeared as a delegate for the +colony of Virginia, and produced his credentials," his colleague, +Patrick Henry, rose in his place and stated that Washington "had put +into his hand sundry queries, to which he desired the Congress would +give an answer." These queries necessarily involved subjects of +serious concern to the cause for which they were about to plunge into +war, and would certainly require for their consideration "cool-headed, +reflecting, and judicious men." The committee appointed for the +purpose consisted of Silas Deane, Patrick Henry, John Rutledge, Samuel +Adams, and Richard Henry Lee.[201] On the 10th of July, "Mr. Alsop +informed the Congress that he had an invoice of Indian goods, which a +gentleman in this town had delivered to him, and which the said +gentleman was willing to dispose of to the Congress." The committee +"to examine the said invoice and report to the Congress" was composed +of Philip Livingston, Patrick Henry, and John Alsop.[202] On the 12th +of July, it was resolved to organize three departments for the +management of Indian affairs, the commissioners to "have power to +treat with the Indians in their respective departments, in the name +and on behalf of the United Colonies, in order to preserve peace and +friendship with the said Indians, and to prevent their taking any part +in the present commotions." On the following day the commissioners for +the middle department were elected, namely, Franklin, Patrick Henry, +and James Wilson.[203] On the 17th of July, a committee was appointed +to negotiate with the Indian missionary, the Rev. Samuel Kirkland, +respecting his past and future services among the Six Nations, "in +order to secure their friendship, and to continue them in a state of +neutrality with respect to the present controversy between Great +Britain and these colonies." This committee consisted of Thomas +Cushing, Patrick Henry, and Silas Deane.[204] Finally, on the 31st of +July, next to the last day of the session, a committee consisting of +one member for each colony was appointed to serve in the recess of +Congress, for the very practical and urgent purpose of inquiring "in +all the colonies after virgin lead and leaden ore, and the best +methods of collecting, smelting, and refining it;" also, after "the +cheapest and easiest methods of making salt in these colonies." This +was not a committee on which any man could be useful who had only +"declamation" to contribute to its work; and the several colonies +were represented upon it by their most sagacious and their weightiest +men,--as New Hampshire by Langdon, Massachusetts by John Adams, Rhode +Island by Stephen Hopkins, Pennsylvania by Franklin, Delaware by +Rodney, South Carolina by Gadsden, Virginia by Patrick Henry.[205] + +On the day on which this committee was appointed, Patrick Henry wrote +to Washington, then at the headquarters of the army near Boston, a +letter which denoted on the part of the writer a perception, unusual +at that time, of the gravity and duration of the struggle on which the +colonies were just entering:-- + + PHILADELPHIA, July 31st, 1775. + + SIR,--Give me leave to recommend the bearer, Mr. Frazer, + to your notice and regard. He means to enter the American + camp, and there to gain that experience, of which the + general cause may be avail'd. It is my earnest wish that + many Virginians might see service. It is not unlikely that + in the fluctuation of things our country may have occasion + for great military exertions. For this reason I have taken + the liberty to trouble you with this and a few others of the + same tendency. The public good which you, sir, have so + eminently promoted, is my only motive. That you may enjoy + the protection of Heaven and live long and happy is the + ardent wish of, + + Sir, + Yr. mo. obt. hbl. serv., + P. HENRY, JR.[206] + + His Excellency, GENL. WASHINGTON. + +On the following day Congress adjourned. As soon as possible after its +adjournment, the Virginia delegates seem to have departed for home, to +take their places in the convention then in session at Richmond; for +the journal of that convention mentions that on Wednesday, August the +9th, "Patrick Henry, Edmund Pendleton, Benjamin Harrison, and Thomas +Jefferson, Esquires, appeared in convention, and took their +seats."[207] On the next day an incident occurred in the convention +implying that Patrick Henry, during his absence in Congress, had been +able to serve his colony by other gifts as well as by those of "bold +and splendid eloquence:" it was resolved that "the powder purchased by +Patrick Henry, Esquire, for the use of this colony, be immediately +sent for."[208] On the day following that, the convention resolved +unanimously that "the thanks of this convention are justly due to his +excellency, George Washington, Esquire, Patrick Henry, and Edmund +Pendleton, Esquires, three of the worthy delegates who represented +this colony in the late Continental Congress, for their faithful +discharge of that important trust; and this body are only induced to +dispense with their future services of the like kind, by the +appointment of the two former to other offices in the public service, +incompatible with their attendance on this, and the infirm state of +health of the latter."[209] + +Of course, the two appointments here referred to are of Washington as +commander-in-chief of the forces of the United Colonies, and of +Patrick Henry as commander-in-chief of the forces of Virginia,--the +latter appointment having been made by the Virginia convention on the +5th of August. The commission, which passed the convention on the 28th +of that month, constituted Patrick Henry "colonel of the first +regiment of regulars, and commander-in-chief of all the forces to be +raised for the protection and defence of this colony;" and while it +required "all officers and soldiers, and every person whatsoever, in +any way concerned, to be obedient" to him, "in all things touching the +due execution of this commission," it also required him to be obedient +to "all orders and instructions which, from time to time," he might +"receive from the convention or Committee of Safety."[210] +Accordingly, Patrick Henry's control of military proceedings in +Virginia was, as it proved, nothing more than nominal: it was a +supreme command on paper, tempered in actual experience by the +incessant and distrustful interference of an ever-present body of +civilians, who had all power over him. + +A newspaper of Williamsburg for the 23d of September announces the +arrival there, two days before, of "Patrick Henry, Esquire, +commander-in-chief of the Virginia forces. He was met and escorted to +town by the whole body of volunteers, who paid him every mark of +respect and distinction in their power."[211] Thereupon he inspected +the grounds about the city; and as a place suitable for the +encampment, he fixed upon a site in the rear of the College of William +and Mary. Soon troops began to arrive in considerable numbers, and to +prepare themselves for whatever service might be required of +them.[212] There was, however, a sad lack of arms and ammunition. On +the 15th of October, Pendleton, who was at the head of the Committee +of Safety, gave this account of the situation in a letter to Richard +Henry Lee, then in Congress at Philadelphia:-- + + "Had we arms and ammunition, it would give vigor to our + measures.... Nine companies of regulars are here, and seem + very clever men; others, we hear, are ready, and only wait + to collect arms. Lord Dunmore's forces are only one hundred + and sixty as yet, intrenched at Gosport, and supported by + the ships drawn up before that and Norfolk."[213] + +On the 30th of November, Lord Dunmore, who had been compelled by the +smallness of his land force to take refuge upon his armed vessels off +the coast, thus described the situation, in a letter to General Sir +William Howe, then in command at Boston:-- + + "I must inform you that with our little corps, I think we + have done wonders. We have taken and destroyed above four + score pieces of ordnance, and, by landing in different parts + of the country, we keep them in continual hot water.... + Having heard that a thousand chosen men belonging to the + rebels, great part of whom were riflemen, were on their + march to attack us here, or to cut off our provisions, I + determined to take possession of the pass at the Great + Bridge, which secures us the greatest part of two counties + to supply us with provisions. I accordingly ordered a + stockade fort to be erected there, which was done in a few + days; and I put an officer and twenty-five men to garrison + it, with some volunteers and negroes, who have defended it + against all the efforts of the rebels for these eight days. + We have killed several of their men; and I make no doubt we + shall now be able to maintain our ground there; but should + we be obliged to abandon it, we have thrown up an + intrenchment on the land side of Norfolk, which I hope they + will never be able to force. Here we are, with only the + small part of a regiment contending against the extensive + colony of Virginia."[214] + +But who were these "thousand chosen men belonging to the rebels," who, +on their march to attack Lord Dunmore at Norfolk, had thus been held +in check by his little fort at the Great Bridge? We are told by +Dunmore himself that they were Virginia troops. But why was not +Patrick Henry in immediate command of them? Why was Patrick Henry held +back from this service,--the only active service then to be had in the +field? And why was the direction of this important enterprise given to +his subordinate, Colonel William Woodford, of the second regiment? +There is abundant evidence that Patrick Henry had eagerly desired to +conduct this expedition; that he had even solicited the Committee of +Safety to permit him to do so; but that they, distrusting his military +capacity, overruled his wishes, and gave this fine opportunity for +military distinction to the officer next below him in command. +Moreover, no sooner had Colonel Woodford departed upon the service, +than he began to ignore altogether the commander-in-chief, and to make +his communications directly to the Committee of Safety,--a course in +which he was virtually sustained by that body, on appeal being made to +them. Furthermore, on the 9th of December, Colonel Woodford won a +brilliant victory over the enemy at the Great Bridge,[215] thus +apparently justifying to the public the wisdom of the committee in +assigning the work to him, and also throwing still more into the +background the commander-in-chief, who was then chafing in camp over +his enforced retirement from this duty. But this was not the only cup +of humiliation which was pressed to his lips. Not long afterward, +there arrived at the seat of war a few hundred North Carolina troops, +under command of Colonel Robert Howe; and the latter, with the full +consent of Woodford, at once took command of their united forces, and +thenceforward addressed his official letters solely to the convention +of Virginia, or to the Committee of Safety, paying not the slightest +attention to the commander-in-chief.[216] Finally, on the 28th of +December, Congress decided to raise in Virginia six battalions to be +taken into continental pay;[217] and, by a subsequent vote, it +likewise resolved to include within these six battalions the first and +the second Virginia regiments already raised.[218] A commission was +accordingly sent to Patrick Henry as colonel of the first Virginia +battalion,[219]--an official intimation that the expected commission +of a brigadier-general for Virginia was to be given to some one else. + +On receiving this last affront, Patrick Henry determined to lay down +his military appointments, which he did on the 28th of February, 1776, +and at once prepared to leave the camp. As soon as this news got +abroad among the troops, they all, according to a contemporary +account,[220] "went into mourning, and, under arms, waited on him at +his lodgings," when his officers presented to him an affectionate +address:-- + + TO PATRICK HENRY, JUNIOR, ESQUIRE: + + Deeply impressed with a grateful sense of the obligations we + lie under to you for the polite, humane, and tender + treatment manifested to us throughout the whole of your + conduct, while we have had the honor of being under your + command, permit us to offer to you our sincere thanks, as + the only tribute we have in our power to pay to your real + merits. Notwithstanding your withdrawing yourself from + service fills us with the most poignant sorrow, as it at + once deprives us of our father and general, yet, as + gentlemen, we are compelled to applaud your spirited + resentment to the most glaring indignity. May your merit + shine as conspicuous to the world in general as it hath done + to us, and may Heaven shower its choicest blessings upon + you. + + WILLIAMSBURG, February 29, 1776. + +His reply to this warm-hearted message was in the following words:-- + + GENTLEMEN,--I am extremely obliged to you for your + approbation of my conduct. Your address does me the highest + honor. This kind testimony of your regard to me would have + been an ample reward for services much greater than I have + had the power to perform. I return you, and each of you, + gentlemen, my best acknowledgments for the spirit, alacrity, + and zeal you have constantly shown in your several stations. + I am unhappy to part with you. I leave the service, but I + leave my heart with you. May God bless you, and give you + success and safety, and make you the glorious instruments of + saving our country.[221] + +The grief and indignation thus exhibited by the officers who had +served under Patrick Henry soon showed itself in a somewhat violent +manner among the men. The "Virginia Gazette" for that time states +that, "after the officers had received Colonel Henry's kind answer to +their address, they insisted upon his dining with them at the Raleigh +Tavern, before his departure; and after the dinner, a number of them +proposed escorting him out of town, but were prevented by some +uneasiness getting among the soldiery, who assembled in a tumultuous +manner and demanded their discharge, and declared their unwillingness +to serve under any other commander. Upon which Colonel Henry found it +necessary to stay a night longer in town, which he spent in visiting +the several barracks; and used every argument in his power with the +soldiery to lay aside their imprudent resolution, and to continue in +the service, which he had quitted from motives in which his honor +alone was concerned."[222] Moreover, several days after he had left +the camp altogether and had returned to his home, he was followed by +an address signed by ninety officers belonging not only to his own +regiment, but to that of Colonel Woodford,--a document which has no +little value as presenting strongly one side of contemporary military +opinion respecting Patrick Henry's career as a soldier, and the +treatment to which he had been subjected. + + SIR,--Deeply concerned for the good of our country, we + sincerely lament the unhappy necessity of your resignation, + and with all the warmth of affection assure you that, + whatever may have given rise to the indignity lately offered + to you, we join with the general voice of the people, and + think it our duty to make this public declaration of our + high respect for your distinguished merit. To your vigilance + and judgment, as a senator, this United Continent bears + ample testimony, while she prosecutes her steady opposition + to those destructive ministerial measures which your + eloquence first pointed out and taught to resent, and your + resolution led forward to resist. To your extensive + popularity the service, also, is greatly indebted for the + expedition with which the troops were raised; and while they + were continued under your command, the firmness, candor, and + politeness, which formed the complexion of your conduct + towards them, obtained the signal approbation of the wise + and virtuous, and will leave upon our minds the most + grateful impression. + + Although retired from the immediate concerns of war, we + solicit the continuance of your kindly attention. We know + your attachment to the best of causes; we have the fullest + confidence in your abilities, and in the rectitude of your + views; and, however willing the envious may be to undermine + an established reputation, we trust the day will come when + justice shall prevail, and thereby secure you an honorable + and happy return to the glorious employment of conducting + our councils and hazarding your life in the defence of your + country.[223] + +The public agitation over the alleged wrong which had thus been done +to Patrick Henry during his brief military career, and which had +brought that career to its abrupt and painful close, seems to have +continued for a considerable time. Throughout the colony the blame was +openly and bluntly laid upon the Committee of Safety, who, on account +of envy, it was said, had tried "to bury in obscurity his martial +talents."[224] On the other hand, the course pursued by that +committee was ably defended by many, on the ground that Patrick Henry, +with all his great gifts for civil life, really had no fitness for a +leading military position. One writer asserted that even in the +convention which had elected Patrick Henry as commander-in-chief, it +was objected that "his studies had been directed to civil and not to +military pursuits; that he was totally unacquainted with the art of +war, and had no knowledge of military discipline; and that such a +person was very unfit to be at the head of troops who were likely to +be engaged with a well-disciplined army, commanded by experienced and +able generals."[225] In the very middle of the period of his nominal +military service, this opinion of his unfitness was still more +strongly urged by the chairman of the Committee of Safety, who, on the +24th of December, 1775, said in a letter to Colonel Woodford:-- + + "Believe me, sir, the unlucky step of calling that gentleman + from our councils, where he was useful, into the field, in + an important station, the duties of which he must, in the + nature of things, be an entire stranger to, has given me + many an anxious and uneasy moment. In consequence of this + mistaken step, which can't now be retracted or + remedied,--for he has done nothing worthy of degradation, + and must keep his rank,--we must be deprived of the service + of some able officers, whose honor and former ranks will not + suffer them to act under him in this juncture, when we so + much need their services."[226] + +This seems to have been, in substance, the impression concerning +Patrick Henry held at that time by at least two friendly and most +competent observers, who were then looking on from a distance, and +who, of course, were beyond the range of any personal or partisan +prejudice upon the subject. Writing from Cambridge, on the 7th of +March, 1776, before he had received the news of Henry's resignation, +Washington said to Joseph Reed, then at Philadelphia: "I think my +countrymen made a capital mistake when they took Henry out of the +senate to place him in the field; and pity it is that he does not see +this, and remove every difficulty by a voluntary resignation."[227] On +the 15th of that month, Reed, in reply, gave to Washington this bit of +news: "We have some accounts from Virginia that Colonel Henry has +resigned in disgust at not being made a general officer; but it rather +gives satisfaction than otherwise, as his abilities seem better +calculated for the senate than the field."[228] + +Nevertheless, in all these contemporary judgments upon the alleged +military defects of Patrick Henry, no reader can now fail to note an +embarrassing lack of definiteness, and a tendency to infer that, +because that great man was so great in civil life, as a matter of +course, he could not be great, also, in military life,--a proposition +that could be overthrown by numberless historical examples to the +contrary. It would greatly aid us if we could know precisely what, in +actual experience, were the defects found in Patrick Henry as a +military man, and precisely how these defects were exhibited by him in +the camp at Williamsburg. In the writings of that period, no +satisfaction upon this point seems thus far to have been obtained. +There is, however, a piece of later testimony, derived by authentic +tradition from a prominent member of the Virginia Committee of Safety, +which really helps one to understand what may have been the exact +difficulty with the military character of Patrick Henry, and just why, +also, it could not be more plainly stated at the time. Clement +Carrington, a son of Paul Carrington, told Hugh Blair Grigsby that the +real ground of the action of the Committee of Safety "was the want of +discipline in the regiment under the command of Colonel Henry. None +doubted his courage, or his alacrity to hasten to the field; but it +was plain that he did not seem to be conscious of the importance of +strict discipline in the army, but regarded his soldiers as so many +gentlemen who had met to defend their country, and exacted from them +little more than the courtesy that was proper among equals. To have +marched to the sea-board at that time with a regiment of such men, +would have been to insure their destruction; and it was a thorough +conviction of this truth that prompted the decision of the +committee."[229] + +Yet, even with this explanation, the truth remains that Patrick +Henry, as commander-in-chief of the Virginia forces, never was +permitted to take command, or to see any real service in the field, or +to look upon the face of an armed enemy, or to show, in the only way +in which it could be shown, whether or not he had the gifts of a +military leader in action. As an accomplished and noble-minded +Virginian of our own time has said:-- + + "It may be doubted whether he possessed those qualities + which make a wary partisan, and which are so often possessed + in an eminent degree by uneducated men. Regular fighting + there was none in the colony, until near the close of the + war.... The most skilful partisan in the Virginia of that + day, covered as it was with forests, cut up by streams, and + beset by predatory bands, would have been the Indian + warrior; and as a soldier approached that model, would he + have possessed the proper tactics for the time. That Henry + would not have made a better Indian fighter than Jay, or + Livingston, or the Adamses, that he might not have made as + dashing a partisan as Tarleton or Simcoe, his friends might + readily afford to concede; but that he evinced, what neither + Jay, nor Livingston, nor the Adamses did evince, a + determined resolution to stake his reputation and his life + on the issue of arms, and that he resigned his commission + when the post of imminent danger was refused him, exhibit a + lucid proof that, whatever may have been his ultimate + fortune, he was not deficient in two grand elements of + military success,--personal enterprise, and unquestioned + courage."[230] + + +FOOTNOTES: + +[195] _Hist. Mag._ for Aug. 1867, 92. + +[196] 4 _Am. Arch._ iii. 375. + +[197] 4 _Am. Arch._ ii. 1902. + +[198] 4 _Am. Arch._ ii. 1834. + +[199] 4 _Am. Arch._ ii. 1849. + +[200] 4 _Am. Arch._ ii. 1850, 1851. + +[201] _Ibid._ ii. 1852. + +[202] _Ibid._ ii. 1878. + +[203] 4 _Am. Arch._ ii. 1879, 1883. + +[204] _Ibid._ ii. 1884, 1885. + +[205] 4 _Am. Arch._ ii. 1902. + +[206] MS. + +[207] 4 _Am. Arch._ iii. 377. + +[208] _Ibid._ iii. 377, 378. + +[209] _Ibid._ iii. 378. + +[210] 4 _Am. Arch._ iii. 393. See, also, his oath of office, _ibid._ +iii. 411. + +[211] 4 _Am. Arch._ iii. 776. + +[212] Wirt, 159. + +[213] 4 _Am. Arch._ iii. 1067. + +[214] 4 _Am. Arch._ iii. 1713-1715. + +[215] Graphic contemporary accounts of this battle may be found in 4 +_Am. Arch._ iv. 224, 228, 229. + +[216] Wirt, 178. + +[217] 4 _Am. Arch._ iii. 1962. + +[218] _Ibid._ iv. 1669. + +[219] _Ibid._ iv. 1517. + +[220] _Ibid._ iv. 1515, 1516. + +[221] 4 _Am. Arch._ iv. 1516; also, Wirt, 180, 181. + +[222] 4 _Am. Arch._ iv. 1516. + +[223] 4 _Am. Arch._ iv. 1516, 1517. + +[224] _Ibid._ iv. 1518. + +[225] 4 _Am. Arch._ iv. 1519. + +[226] Wirt, 175. + +[227] _Writings of Washington_, iii. 309. + +[228] W. B. Reed, _Life of Joseph Reed_, i. 173. + +[229] Grigsby, _Va. Conv. of 1776_, 52, 53, note. + +[230] Grigsby, _Va. Conv. of 1776_, 151, 152. + + + + +CHAPTER XII + +INDEPENDENCE + + +Upon this mortifying close of a military career which had opened with +so much expectation and even _eclat_, Patrick Henry returned, early in +March, 1776, to his home in the county of Hanover,--a home on which +then rested the shadow of a great sorrow. In the midst of the public +engagements and excitements which absorbed him during the previous +year, his wife, Sarah, the wife of his youth, the mother of his six +children, had passed away. His own subsequent release from public +labor, however bitter in its occasion, must have brought to him a +great solace in the few weeks of repose which he then had under his +own roof, with the privilege of ministering to the happiness of his +motherless children, and of enjoying once more their loving +companionship and sympathy. + +But in such a crisis of his country's fate, such a man as Patrick +Henry could not be permitted long to remain in seclusion; and the +promptness and the heartiness with which he was now summoned back into +the service of the public as a civilian, after the recent +humiliations of his military career, were accented, perhaps, on the +part of his neighbors, by something of the fervor of intended +compensation, if not of intended revenge. For, in the mean time, the +American colonies had been swiftly advancing, along a path strewn with +corpses and wet with blood, towards the doctrine that a total +separation from the mother-country,--a thing hitherto contemplated by +them only as a disaster and a crime,--might after all be neither, but +on the contrary, the only resource left to them in their desperate +struggle for political existence. This supreme question, it was plain, +was to confront the very next Virginia convention, which was under +appointment to meet early in the coming May. Almost at once, +therefore, after his return home, Patrick Henry was elected by his +native county to represent it in that convention. + +On Monday morning, the 6th of May, the convention gathered at +Williamsburg for its first meeting. On its roll of members we see many +of those names which have become familiar to us in the progress of +this history,--the names of those sturdy and well-trained leaders who +guided Virginia during all that stormy period,--Pendleton, Cary, +Mason, Nicholas, Bland, the Lees, Mann Page, Dudley Digges, Wythe, +Edmund Randolph, and a few others. For the first time also, on such a +roll, we meet the name of James Madison, an accomplished young +political philosopher, then but four years from the inspiring +instruction of President Witherspoon at Princeton. But while a few +very able men had places in that convention, it was, at the time, by +some observers thought to contain an unusually large number of +incompetent persons. Three days after the opening of the session +Landon Carter wrote to Washington:-- + + "I could have wished that ambition had not so visibly seized + so much ignorance all over the colony, as it seems to have + done; for this present convention abounds with too many of + the inexperienced creatures to navigate our bark on this + dangerous coast; so that I fear the few skilful pilots who + have hitherto done tolerably well to keep her clear from + destruction, will not be able to conduct her with common + safety any longer."[231] + +The earliest organization of the House was, on the part of the friends +of Patrick Henry, made the occasion for a momentary flash of +resentment against Edmund Pendleton, as the man who was believed by +them to have been the guiding mind of the Committee of Safety in its +long series of restraints upon the military activity of their chief. +At the opening of the convention Pendleton was nominated for its +president,--a most suitable nomination, and one which under ordinary +circumstances would have been carried by acclamation. Thomas Johnson, +however, a stanch follower of Patrick Henry, at once presented an +opposing candidate; and although Pendleton was elected, he was not +elected without a contest, or without this significant hint that the +fires of indignation against him were still burning in the hearts of a +strong party in that house and throughout the colony. + +The convention lasted just two months lacking a day; and in all the +detail and drudgery of its business, as the journal indicates, Patrick +Henry bore a very large part. In the course of the session, he seems +to have served on perhaps a majority of all its committees. On the 6th +of May, he was made a member of the committee of privileges and +elections; on the 7th, of a committee "to bring in an ordinance to +encourage the making of salt, saltpetre, and gunpowder;" on the 8th, +of the committee on "propositions and grievances;" on the 21st, of a +committee "to inquire for a proper hospital for the reception and +accommodation of the sick and wounded soldiers;" on the 22d, of a +committee to inquire into the truth of a complaint made by the Indians +respecting encroachments on their lands; on the 23d, of a committee to +bring in an ordinance for augmenting the ninth regiment, for enlisting +four troops of horse, and for raising men for the defence of the +frontier counties; on the 4th of June, of a committee to inquire into +the causes for the depreciation of paper money in the colony, and into +the rates at which goods are sold at the public store; on the 14th of +June, of a committee to prepare an address to be sent by Virginia to +the Shawanese Indians; on the 15th of June, of a committee to bring in +amendments to the ordinance for prescribing a mode of punishment for +the enemies of America in this colony; and on the 22d of June, of a +committee to prepare an ordinance "for enabling the present +magistrates to continue the administration of justice, and for +settling the general mode of proceedings in criminal and other cases." +The journal also mentions his frequent activity in the House in the +presentation of reports from some of these committees: for example, +from the committee on propositions and grievances, on the 16th of May, +on the 22d of May, and on the 15th of June. On the latter occasion, he +made to the House three detailed reports on as many different +topics.[232] + +Of course, the question overshadowing all others in that convention +was the question of independence. General Charles Lee, whose military +duties just then detained him at Williamsburg, and who was intently +watching the currents of political thought in all the colonies, +assured Washington, in a letter written on the 10th of May, that "a +noble spirit" possessed the convention; and that the members were +"almost unanimous for independence," the only disagreement being "in +their sentiments about the mode."[233] That Patrick Henry was in favor +of independence hardly needs to be mentioned; yet it does need to be +mentioned that he was among those who disagreed with some of his +associates "about the mode." While he was as eager and as resolute +for independence as any man, he doubted whether the time had then +fully come for declaring independence. He thought that the declaration +should be so timed as to secure, beyond all doubt, two great +conditions of success,--first, the firm union of the colonies +themselves, and secondly, the friendship of foreign powers, +particularly of France and Spain. For these reasons, he would have had +independence delayed until a confederation of the colonies could be +established by written articles, which, he probably supposed, would +take but a few weeks; and also until American agents could have time +to negotiate with the French and Spanish courts. + +On the first day of the session, General Charles Lee, who was hot for +an immediate declaration of independence, seems to have had a +conversation upon the subject with Patrick Henry, during which the +latter stated his reasons for some postponement of the measure. This +led General Lee, on the following day, to write to Henry a letter +which is really remarkable, some passages from which will help us the +better to understand the public situation, as well as Patrick Henry's +attitude towards it:-- + + WILLIAMSBURG, May 7, 1776. + + DEAR SIR,--If I had not the highest opinion of your + character and liberal way of thinking, I should not venture + to address myself to you. And if I were not equally + persuaded of the great weight and influence which the + transcendent abilities you possess must naturally confer, I + should not give myself the trouble of writing, nor you the + trouble of reading this long letter. Since our conversation + yesterday, my thoughts have been solely employed on the + great question, whether independence ought or ought not to + be immediately declared. Having weighed the argument on both + sides, I am clearly of the opinion that we must, as we value + the liberties of America, or even her existence, without a + moment's delay declare for independence.... The objection + you made yesterday, if I understood you rightly, to an + immediate declaration, was by many degrees the most + specious, indeed, it is the only tolerable, one that I have + yet heard. You say, and with great justice, that we ought + previously to have felt the pulse of France and Spain. I + more than believe, I am almost confident, that it has been + done.... But admitting that we are utter strangers to their + sentiments on the subject, and that we run some risk of this + declaration being coldly received by these powers, such is + our situation that the risk must be ventured. + + On one side there are the most probable chances of our + success, founded on the certain advantages which must + manifest themselves to French understandings by a treaty of + alliance with America.... The superior commerce and marine + force of England were evidently established on the monopoly + of her American trade. The inferiority of France, in these + two capital points, consequently had its source in the same + origin. Any deduction from this monopoly must bring down her + rival in proportion to this deduction. The French are and + always have been sensible of these great truths.... But + allowing that there can be no certainty, but mere chances, + in our favor, I do insist upon it that these chances render + it our duty to adopt the measure, as, by procrastination, + our ruin is inevitable. Should it now be determined to wait + the result of a previous formal negotiation with France, a + whole year must pass over our heads before we can be + acquainted with the result. In the mean time, we are to + struggle through a campaign, without arms, ammunition, or + any one necessary of war. Disgrace and defeat will + infallibly ensue; the soldiers and officers will become so + disappointed that they will abandon their colors, and + probably never be persuaded to make another effort. + + But there is another consideration still more cogent. I can + assure you that the spirit of the people cries out for this + declaration; the military, in particular, men and officers, + are outrageous on the subject; and a man of your excellent + discernment need not be told how dangerous it would be, in + our present circumstances, to dally with the spirit, or + disappoint the expectations, of the bulk of the people. May + not despair, anarchy, and final submission be the bitter + fruits? I am firmly persuaded that they will; and, in this + persuasion, I most devoutly pray that you may not merely + recommend, but positively lay injunctions on, your servants + in Congress to embrace a measure so necessary to our + salvation. + + Yours, most sincerely, + CHARLES LEE.[234] + +Just eight days after that letter was written, the Virginia convention +took what may, at first glance, seem to be the precise action therein +described as necessary; and moreover, they did so under the +influence, in part, of Patrick Henry's powerful advocacy of it. On the +15th of May, after considerable debate, one hundred and twelve members +being present, the convention unanimously resolved, + + "That the delegates appointed to represent this colony in + 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; + and that they give the assent of this colony to such + declaration, and to whatever measures may be thought proper + and necessary by the Congress for forming foreign alliances + and a confederation of the colonies, at such time, and in + the manner, as to them shall seem best: provided, that the + power of forming government for, and the regulations of the + internal concerns of, each colony, be left to the respective + colonial legislatures."[235] + +On the testimony of Edmund Randolph, who was a member of the +convention, it is now known that this momentous resolution "was drawn +by Pendleton, was offered in convention by Nelson, and was advocated +on the floor by Henry."[236] Any one who will carefully study it, +however, will discover that this resolution was the result of a +compromise; and especially, that it is so framed as to meet Patrick +Henry's views, at least to the extent of avoiding the demand for an +immediate declaration, and of leaving it to Congress to determine the +time and manner of making it. Accordingly, in letters of his, written +five days afterward to his most intimate friends in Congress, we see +that his mind was still full of anxiety about the two great +prerequisites,--a certified union among the colonies, and a friendly +arrangement with France. "Ere this reaches you," he wrote to Richard +Henry Lee, "our resolution for separating from Britain will be handed +you by Colonel Nelson. Your sentiments as to the necessary progress of +this great affair correspond with mine. For may not France, ignorant +of the great advantages to her commerce we intend to offer, and of the +permanency of that separation which is to take place, be allured by +the partition you mention? To anticipate, therefore, the efforts of +the enemy by sending instantly American ambassadors to France, seems +to me absolutely necessary. Delay may bring on us total ruin. But is +not a confederacy of our States previously necessary?"[237] + +On the same day, he wrote, also, a letter to John Adams, in which he +developed still more vigorously his views as to the true order in +which the three great measures,--confederation, foreign alliances, and +independence,--should be dealt with:-- + + "Before this reaches you, the resolution for finally + separating from Britain will be handed to Congress by + 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 manoeuvres, with the greatest +exactness; a continental union flag was displayed upon the capitol; +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 preeminence among the +colonies, the course which it should take in this crisis was 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, 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." +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 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 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 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, 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 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, + 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 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 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 Henry 60 + For Thomas Nelson 45 + For John Page 1 + +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:-- + + 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 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] 4 _Am. Arch._ vi. 390. + +[232] The journal of this convention is in 4 _Am. Arch._ vi. +1509-1616. + +[233] 4 _Am. Arch._ vi. 406. + +[234] 5 _Am. Arch._ i. 95-97. Campbell, in his _History of Virginia_, +645, 646, commits a rather absurd error in attributing this letter to +Thomas Nelson, Jr. + +[235] 4 _Am. Arch._ vi. 1524. + +[236] Randolph's address at the funeral of Pendleton, in _Va. Gazette_ +for 2 Nov. 1803, and cited by Grigsby, _Va. Conv. of 1776_, 203, 204. + +[237] _S. Lit. Messenger_ for 1842; thence given in Campbell, _Hist. +Va._ 647, 648. + +[238] _Works of John Adams_, iv. 201. + +[239] 4 _Am. Arch._ vi. 462. + +[240] 4 _Am. Arch._ vi. 1524. + +[241] _Works of John Adams_, ix. 387. + +[242] John Adams's pamphlet is given in his _Works_, iv. 189-200. + +[243] The pamphlet is given in 4 _Am. 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. Messenger_ for 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] 4 _Am. Arch._ vi. 1582. + +[253] _Am. Arch._ vi. 1598-1601, note. + +[254] 4 _Am. Arch._ vi. 1129, 1130. + + + + +CHAPTER XIII + +FIRST GOVERNOR OF THE STATE OF VIRGINIA + + +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 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 reelection, 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 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. + + 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. + + 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 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 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: 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 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 + 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:-- + + "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 reestablishment 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 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 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. + + "Even the heroism of the Virginia legislature," says Wirt, + "gave way; and, in a season of despair, the mad project of a + dictator was seriously meditated. That Mr. Henry was thought + of for this office, has been alleged, and is highly + probable; but that the project was suggested by him, or even + received his countenance, I have met with no one who will + venture to affirm. There is a tradition that Colonel + Archibald Cary, the speaker of the Senate, was principally + instrumental in crushing this project; that meeting Colonel + Syme, the step-brother of Colonel Henry, in the lobby of the + House, he accosted him very fiercely in terms like these: 'I + am told that your brother wishes to be dictator. Tell him + from me, that the day of his appointment shall be the day of + his death;--for he shall feel my dagger in his heart before + the sunset of that day.' And the tradition adds that Colonel + Syme, in great agitation, declared that 'if such a project + existed, his brother had no hand in it; for that nothing + could be more foreign to him, than to countenance any office + which could endanger, in the most distant manner, the + liberties of his country.' The intrepidity and violence of + Colonel Cary's character renders the tradition probable; but + it furnishes no proof of Mr. Henry's implication in the + scheme."[273] + +A disinterested study of this subject, in the light of all the +evidence now attainable, will be likely to convince any one that this +enormous scandal must have been very largely a result of the extreme +looseness at that time prevailing in the use of the word "dictator," +and of its being employed, on the one side, in an innocent sense, and, +on the other side, in a guilty one. In strict propriety, of course, +the word designates a magistrate created in an emergency of public +peril, and clothed for a time with unlimited power. It is an extreme +remedy, and in itself a remedy extremely dangerous, and can never be +innocently resorted to except when the necessity for it is +indubitable; and it may well be questioned whether, among people and +institutions like our own, a necessity can ever arise which would +justify the temporary grant of unlimited power to any man. If this be +true, it follows that no man among us can, without dire political +guilt, ever consent to bestow such power; and that no man can, without +the same guilt, ever consent to receive it. + +Yet it is plain that even among us, between the years 1776 and 1783, +emergencies of terrific public peril did arise, sufficient to justify, +nay, even to compel, the bestowment either upon the governor of some +State, or upon the general of the armies, not of unlimited power, +certainly, but of extraordinary power,--such extraordinary power, for +example, as was actually conferred by the Continental Congress, more +than once, on Washington; as was conferred by the legislature of South +Carolina on Governor John Rutledge; as was repeatedly conferred by the +legislature of Virginia upon Governor Patrick Henry; and afterward, in +still higher degree, by the same legislature, on Governor Thomas +Jefferson himself. Nevertheless, so loose was the meaning then +attached to the word "dictator," that it was not uncommon for men to +speak of these very cases as examples of the bestowment of a +dictatorship, and of the exercise of dictatorial power; although, in +every one of the cases mentioned, there was lacking the essential +feature of a true dictatorship, namely, the grant of unlimited power +to one man. It is perfectly obvious, likewise, that when, in those +days, men spoke thus of a dictatorship, and of dictatorial power, they +attached no suggestion of political guilt either to the persons who +bestowed such power, or to the persons who severally accepted it,--the +tacit understanding being that, in every instance, the public danger +required and justified some grant of extraordinary power; that no more +power was granted than was necessary; and that the man to whom, in any +case, the grant was made, was a man to whom, there was good reason to +believe, the grant could be made with safety. Obviously, it was upon +this tacit understanding of its meaning that the word was used, for +instance, by Edmund Randolph, in 1788, in the Virginia Constitutional +Convention, when, alluding to the extraordinary power bestowed by +Congress on Washington, he said: "We had an American dictator in +1781." Surely, Randolph did not mean to impute political crime, either +to the Congress which made Washington a dictator, or to Washington +himself who consented to be made one. It was upon the same tacit +understanding, also, that Patrick Henry, in reply to Randolph, took up +the word, and extolled the grant of dictatorial power to Washington on +the occasion referred to: "In making a dictator," said Henry, "we +followed the example of the most glorious, magnanimous, and skilful +nations. In great dangers, this power has been given. Rome has +furnished us with an illustrious example. America found a person for +that trust: she looked to Virginia for him. We gave a dictatorial +power to hands that used it gloriously, and which were rendered more +glorious by surrendering it up."[274] + +Thus it is apparent that the word "dictator" was frequently used in +those times in a sense perfectly innocent. As all men know, however, +the word is one capable of suggesting the possibilities of dreadful +political crime; and it is not hard to see how, when employed by one +person to describe the bestowment and acceptance of extraordinary +power,--implying a perfectly innocent proposition, it could be easily +taken by another person as describing the bestowment and acceptance of +unlimited power,--implying a proposition which among us, probably, +would always be a criminal one. + +With the help which this discussion may give us, let us now return to +the General Assembly of Virginia, at Williamsburg, approaching the +close of its first session, in the latter part of December, 1776. It +was on the point of adjourning, not to meet again until the latter +part of March, 1777. At that moment, by the arrival of most alarming +news from the seat of war, it was forced to make special provision for +the public safety during the interval which must elapse before its +next session. Its journal indicates that, prior to the 20th of +December, it had been proceeding with its business in a quiet way, +under no apparent consciousness of imminent peril. On that day, +however, there are traces of a panic; for, on that day, "The Virginia +Gazette" announced to them the appalling news of "the crossing of the +Delaware by the British forces, from twelve to fifteen thousand +strong; the position of General Washington, at Bristol, on the south +side of the river, with only six thousand men;" and the virtual flight +of Congress from Philadelphia.[275] At this rate, how long would it be +before the Continental army would be dispersed or captured, and the +troops of the enemy sweeping in vengeance across the borders of +Virginia? Accordingly, the House of Delegates immediately resolved +itself into "a committee to take into their consideration the state of +America;" but not being able to reach any decision that day, it voted +to resume the subject on the day following, and for that purpose to +meet an hour earlier than usual. So, on Saturday, the 21st of +December, the House passed a series of resolutions intended to provide +for the crisis into which the country was plunged, and, among the +other resolutions, this:-- + + "And whereas the present imminent danger of America, and the + ruin and misery which threatens the good people of this + Commonwealth, and their posterity, calls for the utmost + exertion of our strength, and it is become necessary for the + preservation of the State that the usual forms of government + be suspended during a limited time, for the more speedy + execution of the most vigorous and effectual measures to + repel the invasion of the enemy; + + "_Resolved, therefore_, That the governor be, and he is + hereby fully authorized and empowered, by and with the + advice and consent of the privy council, from henceforward, + until ten days next after the first meeting of the General + Assembly, to carry into execution such requisitions as may + be made to this Commonwealth by the American Congress for + the purpose of encountering or repelling the enemy; to order + the three battalions on the pay of this Commonwealth to + march, if necessary, to join the Continental army, or to the + assistance of any of our sister States; to call forth any + and such greater military force as they shall judge + requisite, either by embodying and arraying companies or + regiments of volunteers, or by raising additional + battalions, appointing and commissioning the proper + officers, and to direct their operations within this + Commonwealth, under the command of the Continental generals + or other officers according to their respective ranks, or + order them to march to join and act in concert with the + Continental army, or the troops of any of the American + States; and to provide for their pay, supply of provisions, + arms, and other necessaries, at the charge of this + Commonwealth, by drawing on the treasurer for the money + which may be necessary from time to time; and the said + treasurer is authorized to pay such warrants out of any + public money which may be in his hands, and the General + Assembly will, at their next session, make ample provision + for any deficiency which may happen. But that this departure + from the constitution of government, being in this instance + founded only on the most evident and urgent necessity, ought + not hereafter to be drawn into precedent." + +These resolutions, having been pressed rapidly through the forms of +the House, were at once carried up to the Senate for its concurrence. +The answer of the Senate was promptly returned, agreeing to all the +resolutions of the lower House, but proposing an important amendment +in the phraseology of the particular resolution which we have just +quoted. Instead of this clause--"the usual forms of government should +be suspended," it suggested the far more accurate and far more prudent +expression which here follows,--"additional powers be given to the +governor and council." This amendment was assented to by the House; +and almost immediately thereafter it adjourned until the last Thursday +in March, 1777, "then to meet in the city of Williamsburg, or at such +other place as the governor and council, for good reasons, may +appoint."[276] + +Such, undoubtedly, was the occasion on which, if at any time during +that session, the project for a dictatorship in Virginia was under +consideration by the House of Delegates. The only evidence for the +reality of such a project is derived from the testimony of Jefferson; +and Jefferson, though a member of the House, was not then in +attendance, having procured, on the 29th of the previous month, +permission to be absent during the remainder of the session.[277] Is +it not probable that the whole terrible plot, as it afterward lay in +the mind of Jefferson, may have originated in reports which reached +him elsewhere, to the effect that, in the excitement of the House over +the public danger and over the need of energetic measures against that +danger, some members had demanded that the governor should be invested +with what they perhaps called dictatorial power, meaning thereby no +more than extraordinary power; and that all the criminal accretions to +that meaning, which Jefferson attributed to the project, were simply +the work of his own imagination, always sensitive and quick to take +alarm on behalf of human liberty, and, on such a subject as this, +easily set on fire by examples of awful political crime which would +occur to him from Roman history? This suggestion, moreover, is not out +of harmony with one which has been made by a thorough and most candid +student of the subject, who says: "I am very much inclined to think +that some sneering remark of Colonel Cary, on that occasion, has given +rise to the whole story about a proposed dictator at that time."[278] + +At any rate, this must not be forgotten: if the project of a +dictatorship, in the execrable sense affirmed by Jefferson, was, +during that session, advocated by any man or by any cabal in the +Assembly, history must absolve Patrick Henry of all knowledge of it, +and of all responsibility for it. Not only has no tittle of evidence +been produced, involving his connivance at such a scheme, but the +Assembly itself, a few months later, unwittingly furnished to +posterity the most conclusive proof that no man in that body could +have believed him to be smirched with even the suggestion of so horrid +a crime. Had Patrick Henry been suspected, during the autumn and early +winter of 1776, of any participation in the foul plot to create a +despotism in Virginia, is it to be conceived that, at its very next +session, in the spring of 1777, that Assembly, composed of nearly the +same members as before, would have reelected to the governorship so +profligate and dangerous a man, and that too without any visible +opposition in either House? Yet that is precisely what the Virginia +Assembly did in May, 1777. Moreover, one year later, this same +Assembly reelected this same profligate and dangerous politician for +his third and last permissible year in the governorship, and it did so +with the same unbroken unanimity. Moreover, during all that time, +Thomas Jefferson was a member, and a most conspicuous and influential +member, of the Virginia Assembly. If, indeed, he then believed that +his old friend, Patrick Henry, had stood ready in 1776, to commit +"treason against the people" of America, and "treason against mankind +in general," why did he permit the traitor to be twice reelected to +the chief magistracy, without the record of even one brave effort +against him on either occasion? + +On the 26th of December, 1776, in accordance with the special +authority thus conferred upon him by the General Assembly, Governor +Henry issued a vigorous proclamation, declaring that the "critical +situation of American affairs" called for "the utmost exertion of +every sister State to put a speedy end to the cruel ravages of a +haughty and inveterate enemy, and secure our invaluable rights," and +"earnestly exhorting and requiring" all the good people of Virginia to +assist in the formation of volunteer companies for such service as +might be required.[279] The date of that proclamation was also the +date of Washington's famous matutinal surprise of the Hessians at +Trenton,--a bit of much-needed good luck, which was followed by his +fortunate engagement with the enemy near Princeton, on the 3d of +January, 1777. On these and a very few other extremely small crumbs of +comfort, the struggling revolutionists had to nourish their burdened +hearts for many a month thereafter; Washington himself, during all +that time, with his little army of tattered and barefoot warriors, +majestically predominating over the scene from the heights of +Morristown; while the good-humored British commander, Sir William +Howe, considerately abstained from any serious military disturbance +until the middle of the following summer. Thus the chief duty of the +governor of Virginia, during the winter and spring of 1777, as it had +been in the previous autumn, was that of trying to keep in the field +Virginia's quota of troops, and of trying to furnish Virginia's share +of military supplies,--no easy task, it should seem, in those times of +poverty, confusion, and patriotic languor. The official correspondence +of the governor indicates the unslumbering anxiety, the energy, the +fertility of device with which, in spite of defective health, he +devoted himself to these hard tasks.[280] + +In his great desire for exact information as to the real situation at +headquarters, Governor Henry had sent to Washington a secret messenger +by the name of Walker, who was to make his observations at Morristown +and to report the results to himself. Washington at once perceived the +embarrassments to which such a plan might lead; and accordingly, on +the 24th of February, 1777, he wrote to the governor, gently +explaining why he could not receive Mr. Walker as a mere visiting +observer:-- + + "To avoid the precedent, therefore, and from your character + of Mr. Walker, and the high opinion I myself entertain of + his abilities, honor, and prudence, I have taken him into my + family as an extra aide-de-camp, and shall be happy if, in + this character, he can answer your expectations. I sincerely + thank you, sir, for your kind congratulations on the late + success of the Continental arms (would to God it may + continue), and for your polite mention of me. Let me + earnestly entreat that the troops raised in Virginia for + this army be forwarded on by companies, or otherwise, + without delay, and as well equipped as possible for the + field, or we shall be in no condition to open the + campaign."[281] + +On the 29th of the following month, the governor wrote to Washington +of the overwhelming difficulty attending all his efforts to comply +with the request mentioned in the letter just cited:-- + + "I am very sorry to inform you that the recruiting business + of late goes on so badly, that there remains but little + prospect of filling the six new battalions from this State, + voted by the Assembly. The Board of Council see this with + great concern, and, after much reflection on the subject, + are of opinion that the deficiency in our regulars can no + way be supplied so properly as by enlisting volunteers. + There is reason to believe a considerable number of these + may be got to serve six or eight months.... I believe you + can receive no assistance by drafts from the militia. From + the battalions of the Commonwealth none can be drawn as yet, + because they are not half full.... Virginia will find some + apology with you for this deficiency in her quota of + regulars, when the difficulties lately thrown in our way are + considered. The Georgians and Carolinians have enlisted [in + Virginia] probably two battalions at least. A regiment of + artillery is in great forwardness. Besides these, Colonels + Baylor and Grayson are collecting regiments; and three + others are forming for this State. Add to all this our + Indian wars and marine service, almost total want of + necessaries, the false accounts of deserters,--many of whom + lurk here,--the terrors of the smallpox and the many deaths + occasioned by it, and the deficient enlistments are + accounted for in the best manner I can. As no time can be + spared, I wish to be honored with your answer as soon as + possible, in order to promote the volunteer scheme, if it + meets your approbation. I should be glad of any improvements + on it that may occur to you. I believe about four of the six + battalions may be enlisted, but have seen no regular + [return] of their state. Their scattered situation, and + being many of them in broken quotas, is a reason for their + slow movement. I have issued repeated orders for their march + long since."[282] + +The General Assembly of Virginia, at its session in the spring of +1777, was required to elect a governor, to serve for one year from the +day on which that session should end. As no candidate was named in +opposition to Patrick Henry, the Senate proposed to the House of +Delegates that he should be reappointed without ballot. This, +accordingly, was done, by resolution of the latter body on the 29th of +May, and by that of the Senate on the 1st of June. On the 5th of June, +the committee appointed to inform the governor of this action laid +before the House his answer:-- + + GENTLEMEN,--The signal honor conferred on me by the General + Assembly, in their choice of me to be governor of this + Commonwealth, demands my best acknowledgments, which I beg + the favor of you to convey to them in the most acceptable + manner. + + I shall execute the duties of that high station to which I + am again called by the favor of my fellow-citizens, + according to the best of my abilities, and I shall rely upon + the candor and wisdom of the Assembly to excuse and supply + my defects. The good of the Commonwealth shall be the only + object of my pursuit, and I shall measure my happiness + according to the success which shall attend my endeavors to + establish the public liberty. I beg to be presented to the + Assembly, and that they and you will be assured that I am, + with every sentiment of the highest regard, their and your + most obedient and very humble servant, + + P. HENRY.[283] + +After a perusal of this nobly written letter, the gentle reader will +have no difficulty in concluding that, if indeed the author of it was +then lying in wait for an opportunity to set up a despotism in +Virginia, he had already become an adept in the hypocrisy which +enabled him, not only to conceal the fact, but to convey an impression +quite the opposite. + + +FOOTNOTES: + +[255] Burk, _Hist. Va._ iv. 154. + +[256] 4 _Am. Arch._ vi. 1602, 1603, note. + +[257] 5 _Am. Arch._ i. 631. + +[258] 5 _Am. Arch._ i. 905, 906. + +[259] George Rogers Clark's _Campaign in the Illinois_, 11. + +[260] Spencer Roane, MS. + +[261] _Jour. Va. House Del._ 32. + +[262] _Ibid._ 57-59. + +[263] _Writings of Washington_, iv. 138. + +[264] See Letters from the president of Va. Privy Council and from +General Lewis, in 5 _Am. Arch._ i. 736. + +[265] Burk, _Hist. Va._ iv. 229. + +[266] Compare _Jour. Va. House Del._ 8. + +[267] 5 _Am. Arch._ ii. 1305-1306. + +[268] Randall, _Life of Jefferson_, i. 363, 413; and _Hist. Mag._ i. +52. + +[269] _Writings of Jefferson_, viii. 368-371; also Phila. ed. of +_Notes_, 1825, 172-176. + +[270] Burk, _Hist. Va._ iv. Pref. Rem. vi. + +[271] See Jefferson's explicit endorsement of Girardin's book in his +own _Writings_, i. 50. + +[272] Burk, _Hist. Va._ 189, 190. + +[273] Wirt, _Life of Henry_, 204-205. + +[274] Elliot's _Debates_, iii. 160. + +[275] Cited by William Wirt Henry, _Hist. Mag._ for 1873, 349. + +[276] _Jour. Va. House of Del._ 106-108. + +[277] _Jour. Va. H. Del._ 75; and Randall, _Life of Jefferson_, i. +205. + +[278] William Wirt Henry, _Hist. Mag._ for 1873, 350. + +[279] 5 _Am. Arch._ iii. 1425-1426. + +[280] I refer, for example, to his letters of Oct. 11, 1776; of Nov. +19, 1776; of Dec. 6, 1776; of Jan. 8, 1777; of March 20, 1777; of +March 28, 1777; of June 20, 1777; besides the letters cited in the +text. + +[281] _Writings of Washington_, iv. 330. + +[282] Sparks, _Corr. Rev._ i. 361, 362. + +[283] _Jour. Va. House Del._ 61. + + + + +CHAPTER XIV + +GOVERNOR A SECOND TIME + + +Patrick Henry's second term as governor extended from the 28th of +June, 1777, to the 28th of June, 1778: a twelvemonth of vast and even +decisive events in the struggle for national independence,--its awful +disasters being more than relieved by the successes, both diplomatic +and military, which were compressed within that narrow strip of time. +Let us try, by a glance at the chief items in the record of that year, +to bring before our eyes the historic environment amid which the +governor of Virginia then wrought at his heavy tasks: July 6, 1777, +American evacuation of Ticonderoga at the approach of Burgoyne; August +6, defeat of Herkimer by the British under St. Leger; August 16, +Stark's victory over the British at Bennington; September 11, defeat +of Washington at Brandywine; September 27, entrance of the British +into Philadelphia; October 4, defeat of Washington at Germantown; +October 16, surrender of Burgoyne and his entire army; December 11, +Washington's retirement into winter quarters at Valley Forge; February +6, 1778, American treaty of alliance with France; May 11, death of +Lord Chatham; June 13, Lord North's peace commissioners propose to +Congress a cessation of hostilities; June 18, the British evacuate +Philadelphia; June 28, the battle of Monmouth. + +The story of the personal life of Patrick Henry during those stern and +agitating months is lighted up by the mention of his marriage, on the +9th of October, 1777, to Dorothea Dandridge, a granddaughter of the +old royal governor, Alexander Spotswood,--a lady who was much younger +than her husband, and whose companionship proved to be the solace of +all the years that remained to him on earth. + +The pressure of official business upon him can hardly have been less +than during the previous year. The General Assembly was in session +from the 20th of October, 1777, until the 24th of January, 1778, and +from the 4th of May to the 1st of June, 1778,--involving, of course, a +long strain of attention by the governor to the work of the two +houses. Moreover, the prominence of Virginia among the States, and, at +the same time, her exemption from the most formidable assaults of the +enemy, led to great demands being made upon her both for men and for +supplies. To meet these demands, either by satisfying them or by +explaining his failure to do so, involved a copious and laborious +correspondence on the part of Governor Henry, not only with his own +official subordinates in the State, but with the president of +Congress, with the board of war, and with the general of the army. +The official letters which he thus wrote are a monument of his ardor +and energy as a war governor, his attention to details, his broad +practical sense, his hopefulness and patience under galling +disappointments and defeats.[284] + +Perhaps nothing in the life of Governor Henry during his second term +of office has so touching an interest for us now, as has the course +which he took respecting the famous intrigue, which was developed into +alarming proportions during the winter of 1777 and 1778, for the +displacement of Washington, and for the elevation of the shallow and +ill-balanced Gates to the supreme command of the armies. It is +probable that several men of prominence in the army, in Congress, and +in the several state governments, were drawn into this cabal, although +most of them had too much caution to commit themselves to it by any +documentary evidence which could rise up and destroy them in case of +its failure. The leaders in the plot very naturally felt the great +importance of securing the secret support of men of high influence in +Washington's own State; and by many it was then believed that they +had actually won over no less a man than Richard Henry Lee. Of course, +if also the sanction of Governor Patrick Henry could be secured, a +prodigious advantage would be gained. Accordingly, from the town of +York, in Pennsylvania, whither Congress had fled on the advance of the +enemy towards Philadelphia, the following letter was sent to him,--a +letter written in a disguised hand, without signature, but evidently +by a personal friend, a man of position, and a master of the art of +plausible statement:-- + + YORKTOWN, 12 January, 1778. + + DEAR SIR,--The common danger of our country first brought + you and me together. I recollect with pleasure the influence + of your conversation and eloquence upon the opinions of this + country in the beginning of the present controversy. You + first taught us to shake off our idolatrous attachment to + royalty, and to oppose its encroachments upon our liberties + with our very lives. By these means you saved us from ruin. + The independence of America is the offspring of that liberal + spirit of thinking and acting, which followed the + destruction of the sceptres of kings, and the mighty power + of Great Britain. + + But, Sir, we have only passed the Red Sea. A dreary + wilderness is still before us; and unless a Moses or a + Joshua are raised up in our behalf, we must perish before we + reach the promised land. We have nothing to fear from our + enemies on the way. General Howe, it is true, has taken + Philadelphia, but he has only changed his prison. His + dominions are bounded on all sides by his out-sentries. + America can only be undone by herself. She looks up to her + councils and arms for protection; but, alas! what are they? + Her representation in Congress dwindled to only twenty-one + members; her Adams, her Wilson, her Henry are no more among + them. Her councils weak, and partial remedies applied + constantly for universal diseases. Her army, what is it? A + major-general belonging to it called it a few days ago, in + my hearing, a mob. Discipline unknown or wholly neglected. + The quartermaster's and commissary's departments filled with + idleness, ignorance, and peculation; our hospitals crowded + with six thousand sick, but half provided with necessaries + or accommodations, and more dying in them in one month than + perished in the field during the whole of the last campaign. + The money depreciating, without any effectual measures being + taken to raise it; the country distracted with the Don + Quixote attempts to regulate the price of provisions; an + artificial famine created by it, and a real one dreaded from + it; the spirit of the people failing through a more intimate + acquaintance with the causes of our misfortunes; many + submitting daily to General Howe; and more wishing to do it, + only to avoid the calamities which threaten our country. But + is our case desperate? By no means. We have wisdom, virtue + and strength enough to save us, if they could be called into + action. The northern army has shown us what Americans are + capable of doing with a General at their head. The spirit of + the southern army is no way inferior to the spirit of the + northern. A Gates, a Lee, or a Conway, would in a few weeks + render them an irresistible body of men. The last of the + above officers has accepted of the new office of + inspector-general of our army, in order to reform abuses; + but the remedy is only a palliative one. In one of his + letters to a friend he says, 'A great and good God hath + decreed America to be free, or the [General] and weak + counsellors would have ruined her long ago.' You may rest + assured of each of the facts related in this letter. The + author of it is one of your Philadelphia friends. A hint of + his name, if found out by the handwriting, must not be + mentioned to your most intimate friend. Even the letter must + be thrown into the fire. But some of its contents ought to + be made public, in order to awaken, enlighten, and alarm our + country. I rely upon your prudence, and am, dear Sir, with + my usual attachment to you, and to our beloved independence, + + Yours sincerely. + +How was Patrick Henry to deal with such a letter as this? Even though +he should reject its reasoning, and spurn the temptation with which it +assailed him, should he merely burn it, and be silent? The incident +furnished a fair test of his loyalty in friendship, his faith in +principle, his soundness of judgment, his clear and cool grasp of the +public situation,--in a word, of his manliness and his statesmanship. +This is the way in which he stood the test:-- + + PATRICK HENRY TO GEORGE WASHINGTON. + + WILLIAMSBURG, 20 February, 1778. + + DEAR SIR,--You will, no doubt, be surprised at seeing the + enclosed letter, in which the encomiums bestowed on me are + as undeserved, as the censures aimed at you are unjust. I am + sorry there should be one man who counts himself my friend, + who is not yours. + + Perhaps I give you needless trouble in handing you this + paper. The writer of it may be too insignificant to deserve + any notice. If I knew this to be the case, I should not have + intruded on your time, which is so precious. But there may + possibly be some scheme or party forming to your prejudice. + The enclosed leads to such a suspicion. Believe, me, Sir, I + have too high a sense of the obligations America has to you, + to abet or countenance so unworthy a proceeding. The most + exalted merit has ever been found to attract envy. But I + please myself with the hope that the same fortitude and + greatness of mind, which have hitherto braved all the + difficulties and dangers inseparable from your station, will + rise superior to every attempt of the envious partisan. I + really cannot tell who is the writer of this letter, which + not a little perplexes me. The handwriting is altogether + strange to me. + + To give you the trouble of this gives me pain. It would suit + my inclination better to give you some assistance in the + great business of the war. But I will not conceal anything + from you, by which you may be affected; for I really think + your personal welfare and the happiness of America are + intimately connected. I beg you will be assured of that high + regard and esteem with which I ever am, dear sir, your + affectionate friend and very humble servant. + +Fifteen days passed after the dispatch of that letter, when, having as +yet no answer, but with a heart still full of anxiety respecting this +mysterious and ill-boding cabal against his old friend, Governor +Henry wrote again:-- + + PATRICK HENRY TO GEORGE WASHINGTON. + + WILLIAMSBURG, 5 March, 1778. + + DEAR SIR,--By an express, which Colonel Finnie sent to camp, + I enclosed to you an anonymous letter which I hope got safe + to hand. I am anxious to hear something that will serve to + explain the strange affair, which I am now informed is taken + up respecting you. Mr. Custis has just paid us a visit, and + by him I learn sundry particulars concerning General + Mifflin, that much surprised me. It is very hard to trace + the schemes and windings of the enemies to America. I really + thought that man its friend; however, I am too far from him + to judge of his present temper. + + While you face the armed enemies of our liberty in the + field, and by the favor of God have been kept unhurt, I + trust your country will never harbor in her bosom the + miscreant, who would ruin her best supporter. I wish not to + flatter; but when arts, unworthy honest men, are used to + defame and traduce you, I think it not amiss, but a duty, to + assure you of that estimation in which the public hold you. + Not that I think any testimony I can bear is necessary for + your support, or private satisfaction; for a bare + recollection of what is past must give you sufficient + pleasure in every circumstance of life. But I cannot help + assuring you, on this occasion, of the high sense of + gratitude which all ranks of men in this our native country + bear to you. It will give me sincere pleasure to manifest my + regards, and render my best services to you or yours. I do + not like to make a parade of these things, and I know you + are not fond of it; however, I hope the occasion will plead + my excuse. Wishing you all possible felicity, I am, my dear + Sir, your ever affectionate friend and very humble servant. + +Before Washington received this second letter, he had already begun to +write the following reply to the first:-- + + GEORGE WASHINGTON TO PATRICK HENRY. + + VALLEY FORGE, 27 March, 1778. + + DEAR SIR,--About eight days ago I was honored with your + favor of the 20th ultimo. Your friendship, sir, in + transmitting to me the anonymous letter you had received, + lays me under the most grateful obligations, and if my + acknowledgments can be due for anything more, it is for the + polite and delicate terms in which you have been pleased to + communicate the matter. + + I have ever been happy in supposing that I had a place in + your esteem, and the proof you have afforded on this + occasion makes me peculiarly so. The favorable light in + which you hold me is truly flattering; but I should feel + much regret, if I thought the happiness of America so + intimately connected with my personal welfare, as you so + obligingly seem to consider it. All I can say is, that she + has ever had, and I trust she ever will have, my honest + exertions to promote her interest. I cannot hope that my + services have been the best; but my heart tells me they have + been the best that I could render. + + That I may have erred in using the means in my power for + accomplishing the objects of the arduous, exalted station + with which I am honored, I cannot doubt; nor do I wish my + conduct to be exempted from reprehension farther than it may + deserve. Error is the portion of humanity, and to censure + it, whether committed by this or that public character, is + the prerogative of freemen. However, being intimately + acquainted with the man I conceive to be the author of the + letter transmitted, and having always received from him the + strongest professions of attachment and regard, I am + constrained to consider him as not possessing, at least, a + great degree of candor and sincerity, though his views in + addressing you should have been the result of conviction, + and founded in motives of public good. This is not the only + secret, insidious attempt that has been made to wound my + reputation. There have been others equally base, cruel, and + ungenerous, because conducted with as little frankness, and + proceeding from views, perhaps, as personally interested. I + am, dear sir, with great esteem and regard, your much + obliged friend, etc. + +The writing of the foregoing letter was not finished, when Governor +Henry's second letter reached him; and this additional proof of +friendship so touched the heart of Washington that, on the next day, +he wrote again, this time with far less self-restraint than before:-- + + GEORGE WASHINGTON TO PATRICK HENRY + + CAMP, 28 March, 1778. + + DEAR SIR,--Just as I was about to close my letter of + yesterday, your favor of the 5th instant came to hand. I can + only thank you again, in the language of the most + undissembled gratitude, for your friendship; and assure you, + that the indulgent disposition, which Virginia in + particular, and the States in general, entertain towards me, + gives me the most sensible pleasure. The approbation of my + country is what I wish; and as far as my abilities and + opportunities will permit, I hope I shall endeavor to + deserve it. It is the highest reward to a feeling mind; and + happy are they, who so conduct themselves as to merit it. + + The anonymous letter with which you were pleased to favor + me, was written by Dr. Rush, so far as I can judge from a + similitude of hands. This man has been elaborate and studied + in his professions of regard for me; and long since the + letter to you. My caution to avoid anything which could + injure the service, prevented me from communicating, but to + a very few of my friends, the intrigues of a faction which I + know was formed against me, since it might serve to publish + our internal dissensions; but their own restless zeal to + advance their views has too clearly betrayed them, and made + concealment on my part fruitless. I cannot precisely mark + the extent of their views, but it appeared, in general, that + General Gates was to be exalted on the ruin of my reputation + and influence. This I am authorized to say, from undeniable + facts in my own possession, from publications, the evident + scope of which could not be mistaken, and from private + detractions industriously circulated. General Mifflin, it is + commonly supposed, bore the second part in the cabal; and + General Conway, I know, was a very active and malignant + partisan; but I have good reason to believe that their + machinations have recoiled most sensibly upon themselves. + With sentiments of great esteem and regard, I am, dear sir, + your affectionate humble servant.[285] + +This incident in the lives of Washington and Patrick Henry is to be +noted by us, not only for its own exquisite delicacy and nobility, but +likewise as the culminating fact in the growth of a very deep and true +friendship between the two men,--a friendship which seems to have +begun many years before, probably in the House of Burgesses, and which +lasted with increasing strength and tenderness, and with but a single +episode of estrangement, during the rest of their lives. Moreover, he +who tries to interpret the later career of Patrick Henry, especially +after the establishment of the government under the Constitution, and +who leaves out of the account Henry's profound friendship for +Washington, and the basis of moral and intellectual congeniality on +which that friendship rested, will lose an important clew to the +perfect naturalness and consistency of Henry's political course during +his last years. A fierce partisan outcry was then raised against him +in Virginia, and he was bitterly denounced as a political apostate, +simply because, in the parting of the ways of Washington and of +Jefferson, Patrick Henry no longer walked with Jefferson. In truth, +Patrick Henry was never Washington's follower nor Jefferson's: he was +no man's follower. From the beginning, he had always done for himself +his own thinking, whether right or wrong. At the same time, a careful +student of the three men may see that, in his thinking, Patrick Henry +had a closer and a truer moral kinship with Washington than with +Jefferson. At present, however, we pause before the touching incident +that has just been narrated in the relations between Washington and +Henry, in order to mark its bearing on their subsequent intercourse. +Washington, in whose nature confidence was a plant of slow growth, and +who was quick neither to love nor to cease from loving, never forgot +that proof of his friend's friendship. Thenceforward, until that one +year in which they both died, the letters which passed between them, +while never effusive, were evidently the letters of two strong men who +loved and trusted each other without reserve. + +Not long before the close of the governor's second term in office, he +had occasion to write to Richard Henry Lee two letters, which are of +considerable interest, not only as indicating the cordial intimacy +between these two great rivals in oratory, but also for the light they +throw both on the under-currents of bitterness then ruffling the +politics of Virginia, and on Patrick Henry's attitude towards the one +great question at that time uppermost in the politics of the nation. +During the previous autumn, it seems, also, Lee had fallen into great +disfavor in Virginia, from which he had so far emerged by the 23d of +January, 1778, as to be then reelected to Congress, to fill out an +unexpired term.[286] Shortly afterward, however, harsh speech against +him was to be heard in Virginia once more, of which his friend, the +governor, thus informed him, in a letter dated April 4, 1778:-- + + "You are again traduced by a certain set who have drawn in + others, who say that you are engaged in a scheme to discard + General Washington. I know you too well to suppose that you + would engage in anything not evidently calculated to serve + the cause of whiggism.... But it is your fate to suffer the + constant attacks of disguised Tories who take this measure + to lessen you. Farewell, my dear friend. In praying for your + welfare, I pray for that of my country, to which your life + and service are of the last moment."[287] + +Furthermore, on the 30th of May, the General Assembly made choice of +their delegates in Congress for the following year. Lee was again +elected, but by so small a vote that his name stood next to the lowest +on the list.[288] Concerning this stinging slight, he appears to have +spoken in his next letters to the governor; for, on the 18th of June, +the latter addressed to him, from Williamsburg, this reply:-- + + MY DEAR SIR,--Both your last letters came to hand to-day. I + felt for you, on seeing the order in which the balloting + placed the delegates in Congress. It is an effect of that + rancorous malice that has so long followed you, through that + arduous path of duty which you have invariably travelled, + since America resolved to resist her oppressors. + + Is it any pleasure to you to remark, that at the same era in + which these men figure against you, public spirit seems to + have taken its flight from Virginia? It is too much the + case; for the quota of our troops is not half made up, and + no chance seems to remain for completing it. The Assembly + voted three hundred and fifty horse, and two thousand men, + to be forthwith raised, and to join the grand army. Great + bounties are offered; but, I fear, the only effect will be + to expose our state to contempt,--for I believe no soldiers + will enlist, especially in the infantry. + + Can you credit it?--no effort was made for supporting or + restoring public credit. I pressed it warmly on some, but in + vain. This is the reason we get no soldiers. + + We shall issue fifty or sixty thousand dollars in cash to + equip the cavalry, and their time is to expire at Christmas. + I believe they will not be in the field before that time. + + Let not Congress rely on Virginia for soldiers. I tell you + my opinion: they will not be got here, until a different + spirit prevails. + +In the next paragraph of his letter, the governor passes from these +local matters to what was then the one commanding topic in national +affairs. Lord North's peace commissioners had already arrived, and +were seeking to win back the Americans into free colonial relations +with the mother country, and away from their new-formed friendship +with perfidious France. With what energy Patrick Henry was prepared to +reject all these British blandishments, may be read in the passionate +sentences which conclude his letter:-- + + I look at the past condition of America, as at a dreadful + precipice, from which we have escaped by means of the + generous French, to whom I will be ever-lastingly bound by + the most heartfelt gratitude. But I must mistake matters, if + some of those men who traduce you, do not prefer the offers + of Britain. You will have a different game to play now with + the commissioners. How comes Governor Johnstone there? I do + not see how it comports with his past life. + + Surely Congress will never recede from our French friends. + Salvation to America depends upon our holding fast our + attachment to them. I shall date our ruin from the moment + that it is exchanged for anything Great Britain can say, or + do. She can never be cordial with us. Baffled, defeated, + disgraced by her colonies, she will ever meditate revenge. + We can find no safety but in her ruin, or, at least, in her + extreme humiliation; which has not happened, and cannot + happen, until she is deluged with blood, or thoroughly + purged by a revolution, which shall wipe from existence the + present king with his connections, and the present system + with those who aid and abet it. + + For God's sake, my dear sir, quit not the councils of your + country, until you see us forever disjoined from Great + Britain. The old leaven still works. The fleshpots of Egypt + are still savory to degenerate palates. Again we are undone, + if the French alliance is not religiously observed. Excuse + my freedom. I know your love to our country,--and this is my + motive. May Heaven give you health and prosperity. + + I am yours affectionately, + PATRICK HENRY.[289] + +Before coming to the end of our story of Governor Henry's second +term, it should be mentioned that twice during this period did the +General Assembly confide to him those extraordinary powers which by +many were spoken of as dictatorial; first, on the 22d of January, +1778,[290] and again, on the 28th of May, of the same year.[291] +Finally, so safe had been this great trust in his hands, and so +efficiently had he borne himself, in all the labors and +responsibilities of his high office, that, on the 29th of May, the +House of Delegates, by resolution, unanimously elected him as governor +for a third term,--an act in which, on the same day, the Senate voted +its concurrence. On the 30th of May, Thomas Jefferson, from the +committee appointed to notify the governor of his reelection, reported +to the House the following answer:-- + + GENTLEMEN,--The General Assembly, in again electing me + governor of this commonwealth, have done me very signal + honor. I trust that their confidence, thus continued in me, + will not be misplaced. I beg you will be pleased, gentlemen, + to present me to the General Assembly in terms of grateful + acknowledgment for this fresh instance of their favor + towards me; and to assure them, that my best endeavors shall + be used to promote the public good, in that station to which + they have once more been pleased to call me.[292] + + +FOOTNOTES: + +[284] Of the official letters of Governor Henry, doubtless many have +perished; a few have been printed in Sparks, Force, Wirt, and +elsewhere; a considerable number, also, are preserved in manuscript in +the archives of the Department of State at Washington. Copies of the +latter are before me as I write. As justifying the statement made in +the text, I would refer to his letters of August 30, 1777; of October +29, 1777; of October 30, 1777; of December 6, 1777; of December 9, +1777; of January 20, 1778; of January 28, 1778; and of June 18, 1778. + +[285] _Writings of Washington_, v. 495-497; 512-515. + +[286] _Jour. Va. House Del._ 131. + +[287] Given in Grigsby, _Va. Conv. of_ 1776, 142 note. + +[288] _Jour. Va. House Del._ 27, 33. + +[289] Lee, _Life of Richard Henry Lee_, i. 195 196. + +[290] _Jour. Va. House Del._ 72, 81, 85, 125, 126. + +[291] _Ibid._ 15, 16, 17. + +[292] _Ibid._ 26, 30. + + + + +CHAPTER XV + +THIRD YEAR IN THE GOVERNORSHIP + + +Governor Henry's third official year was marked, in the great struggle +then in progress, by the arrival of the French fleet, and by its +futile attempts to be of any use to those hard-pressed rebels whom the +king of France had undertaken to encourage in their insubordination; +by awful scenes of carnage and desolation in the outlying settlements +at Wyoming, Cherry Valley, and Schoharie; by British predatory +expeditions along the Connecticut coast; by the final failure and +departure of Lord North's peace commissioners; and by the transfer of +the chief seat of war to the South, beginning with the capture of +Savannah by the British on the 29th of December, 1778, followed by +their initial movement on Charleston, in May, 1779. In the month just +mentioned, likewise, the enemy, under command of General Matthews and +of Sir George Collier, suddenly swooped down on Virginia, first +seizing Portsmouth and Norfolk, and then, after a glorious military +debauch of robbery, ruin, rape, and murder, and after spreading terror +and anguish among the undefended populations of Suffolk, Kemp's +Landing, Tanner's Creek, and Gosport, as suddenly gathered up their +booty, and went back in great glee to New York. + +In the autumn of 1778, the governor had the happiness to hear of the +really brilliant success of the expedition which, with statesmanlike +sagacity, he had sent out under George Rogers Clark, into the Illinois +country, in the early part of the year.[293] Some of the more +important facts connected with this expedition, he thus announced to +the Virginia delegates in Congress:-- + + WILLIAMSBURG, November 14, 1778. + + GENTLEMEN,--The executive power of this State having been + impressed with a strong apprehension of incursions on the + frontier settlements from the savages situated about the + Illinois, and supposing the danger would be greatly obviated + by an enterprise against the English forts and possessions + in that country, which were well known to inspire the + savages with their bloody purposes against us, sent a + detachment of militia, consisting of one hundred and seventy + or eighty men commanded by Colonel George Rogers Clark, on + that service some time last spring. By despatches which I + have just received from Colonel Clark, it appears that his + success has equalled the most sanguine expectations. He has + not only reduced Fort Chartres and its dependencies, but has + struck such a terror into the Indian tribes between that + settlement and the lakes that no less than five of them, + viz., the Puans, Sacks, Renards, Powtowantanies, and Miamis, + who had received the hatchet from the English emissaries, + have submitted to our arms all their English presents, and + bound themselves by treaties and promises to be peaceful in + the future. + + The great Blackbird, the Chappowow chief, has also sent a + belt of peace to Colonel Clark, influenced, he supposes, by + the dread of Detroit's being reduced by American arms. This + latter place, according to Colonel Clark's representation, + is at present defended by so inconsiderable a garrison and + so scantily furnished with provisions, for which they must + be still more distressed by the loss of supplies from the + Illinois, that it might be reduced by any number of men + above five hundred. The governor of that place, Mr. + Hamilton, was exerting himself to engage the savages to + assist him in retaking the places that had fallen into our + hands; but the favorable impression made on the Indians in + general in that quarter, the influence of the French on + them, and the reenforcement of their militia Colonel Clark + expected, flattered him that there was little danger to be + apprehended.... If the party under Colonel Clark can + cooperate in any respect with the measures Congress are + pursuing or have in view, I shall with pleasure give him the + necessary orders. In order to improve and secure the + advantages gained by Colonel Clark, I propose to support him + with a reenforcement of militia. But this will depend on the + pleasure of the Assembly, to whose consideration the measure + is submitted. + + The French inhabitants have manifested great zeal and + attachment to our cause, and insist on garrisons remaining + with them under Colonel Clark. This I am induced to agree + to, because the safety of our own frontiers as well as that + of these people demands a compliance with this request. Were + it possible to secure the St. Lawrence and prevent the + English attempts up that river by seizing some post on it, + peace with the Indians would seem to me to be secured. + + With great regard I have the honor to be, Gentn, + Your most obedient servant, + P. HENRY.[294] + +During the autumn session of the General Assembly, that body showed +its continued confidence in the governor by passing several acts +conferring on him extraordinary powers, in addition to those already +bestowed.[295] + +A letter which the governor wrote at this period to the president of +Congress, respecting military aid from Virginia to States further +south, may give us some idea, not only of his own practical +discernment in the matters involved, but of the confusion which, in +those days, often attended military plans issuing from a many-headed +executive:-- + + WILLIAMSBURG, November 28, 1778. + + SIR,--Your favor of the 16th instant is come to hand, + together with the acts of Congress of the 26th of August for + establishing provision for soldiers and sailors maimed or + disabled in the public service,--of the 26th of September + for organizing the treasury, a proclamation for a general + thanksgiving, and three copies of the alliance between his + most Christian Majesty and these United States. + + I lost no time in laying your letter before the privy + council, and in deliberating with them on the subject of + sending 1000 militia to Charlestown, South Carolina. I beg + to assure Congress of the great zeal of every member of the + executive here to give full efficacy to their designs on + every occasion. But on the present, I am very sorry to + observe, that obstacles great and I fear unsurmountable are + opposed to the immediate march of the men. Upon requisition + to the deputy quartermaster-general in this department for + tents, kettles, blankets, and wagons, he informs they cannot + be had. The season when the march must begin will be severe + and inclement, and, without the forementioned necessaries, + impracticable to men indifferently clad and equipped as they + are in the present general scarcity of clothes. + + The council, as well as myself, are not a little perplexed + on comparing this requisition to defend South Carolina and + Georgia from the assaults of the enemy, with that made a few + days past for galleys to conquer East Florida. The galleys + have orders to rendezvous at Charlestown, which I was taught + to consider as a place of acknowledged safety; and I beg + leave to observe, that there seems some degree of + inconsistency in marching militia such a distance in the + depth of winter, under the want of necessaries, to defend a + place which the former measures seemed to declare safe. + + The act of Assembly whereby it is made lawful to order their + march, confines the operations to measures merely defensive + to a sister State, and of whose danger there is certain + information received. + + However, as Congress have not been pleased to explain the + matters herein alluded to, and altho' a good deal of + perplexity remains with me on the subject, I have by advice + of the privy council given orders for 1000 men to be + instantly got into readiness to march to Charlestown, and + they will march as soon as they are furnished with tents, + kettles, and wagons. In the mean time, if intelligence is + received that their march is essential to the preservation + of either of the States of South Carolina or Georgia the men + will encounter every difficulty, and have orders to proceed + in the best way they can without waiting to be supplied with + those necessaries commonly afforded to troops even on a + summer's march. + + I have to beg that Congress will please to remember the + state of embarrassment in which I must necessarily remain + with respect to the ordering galleys to Charlestown, in + their way to invade Florida, while the militia are getting + ready to defend the States bordering on it, and that they + will please to favor me with the earliest intelligence of + every circumstance that is to influence the measures either + offensive or defensive. + + I have the honor to be, Sir, your most obedient and very + humble servant, + + P. HENRY.[296] + +By the early spring of 1779, it became still more apparent that the +purpose of the enemy was to shift the scene of their activity from the +middle States to the South, and that Virginia, whose soil had never +thus far been bruised by the tread of a hostile army, must soon +experience that dire calamity. Perhaps no one saw this more clearly +than did Governor Henry. At the same time, he also saw that Virginia +must in part defend herself by helping to defend her sister States at +the South, across whose territories the advance of the enemy into +Virginia was likely to be attempted. His clear grasp of the military +situation, in all the broad relations of his own State to it, is thus +revealed in a letter to Washington, dated at Williamsburg, 13th of +March, 1779:-- + + "My last accounts from the South are unfavorable. Georgia is + said to be in full possession of the enemy, and South + Carolina in great danger. The number of disaffected there is + said to be formidable, and the Creek Indians inclining + against us. One thousand militia are ordered thither from + our southern counties; but a doubt is started whether they + are by law obliged to march. I have also proposed a scheme + to embody volunteers for this service; but I fear the length + of the march, and a general scarcity of bread, which + prevails in some parts of North Carolina and this State, may + impede this service. About five hundred militia are ordered + down the Tennessee River, to chastise some new settlements + of renegade Cherokees that infest our southwestern frontier, + and prevent our navigation on that river, from which we + began to hope for great advantages. Our militia have full + possession of the Illinois and the posts on the Wabash; and + I am not without hopes that the same party may overawe the + Indians as far as Detroit. They are independent of General + McIntosh, whose numbers, although upwards of two thousand, I + think could not make any great progress, on account, it is + said, of the route they took, and the lateness of the + season. + + "The conquest of Illinois and Wabash was effected with less + than two hundred men, who will soon be reenforced; and, by + holding posts on the back of the Indians, it is hoped may + intimidate them. Forts Natchez and Morishac are again in the + enemy's hands; and from thence they infest and ruin our + trade on the Mississippi, on which river the Spaniards wish + to open a very interesting commerce with us. I have + requested Congress to authorize the conquest of those two + posts, as the possession of them will give a colorable + pretence to retain all West Florida, when a treaty may be + opened."[297] + +Within two months after that letter was written, the dreaded warships +of the enemy were ploughing the waters of Virginia: it was the +sorrow-bringing expedition of Matthews and Sir George Collier. The +news of their arrival was thus conveyed by Governor Henry to the +president of Congress:-- + + WILLIAMSBURG, 11 May, 1779. + + SIR,--On Saturday last, in the evening, a British fleet + amounting to about thirty sail ... came into the Bay of + Chesapeake, and the next day proceeded to Hampton Road, + where they anchored and remained quiet until yesterday about + noon, when several of the ships got under way, and proceeded + towards Portsmouth, which place I have no doubt they intend + to attack by water or by land or by both, as they have many + flat-bottomed boats with them for the purpose of landing + their troops. As I too well know the weakness of that + garrison, I am in great pain for the consequences, there + being great quantities of merchandise, the property of + French merchants and others in this State, at that place, as + well as considerable quantities of military stores, which, + tho' measures some time since were taken to remove, may + nevertheless fall into the enemy's hands. Whether they may + hereafter intend to fortify and maintain this post is at + present unknown to me, but the consequences which will + result to this State and to the United States finally if + such a measure should be adopted must be obvious. Whether it + may be in the power of Congress to adopt any measures which + can in any manner counteract the design of the enemy is + submitted to their wisdom. At present, I cannot avoid + intimating that I have the greatest reason to think that + many vessels from France with public and private merchandise + may unfortunately arrive while the enemy remain in perfect + possession of the Bay of Chesapeake, and fall victims + unexpectedly. + + Every precaution will be taken to order lookout boats on the + seacoasts to furnish proper intelligence; but the success + attending this necessary measure will be precarious in the + present situation of things.[298] + +On the next day the governor had still heavier tidings for the same +correspondent:-- + + WILLIAMSBURG, May 12, 1779. + + SIR,--I addressed you yesterday upon a subject of the + greatest consequence. The last night brought me the fatal + account of Portsmouth being in possession of the enemy. + Their force was too great to be resisted, and therefore the + fort was evacuated after destroying one capital ship + belonging to the State and one or two private ones loaded + with tobacco. Goods and merchandise, however, of very great + value fall into the enemy's hands. If Congress could by + solicitations procure a fleet superior to the enemy's force + to enter Chesapeake at this critical period, the prospect of + gain and advantage would be great indeed. I have the honor + to be, with the greatest regard, Sir, + + Your most humble and obedient servant, + + P. HENRY.[299] + +To meet this dreadful invasion, the governor attempted to arouse and +direct vigorous measures, in part by a proclamation, on the 14th of +May, announcing to the people of Virginia the facts of the case, "and +requiring the county lieutenants and other military officers in the +Commonwealth, and especially those on the navigable waters, to hold +their respective militias in readiness to oppose the attempts of the +enemy wherever they might be made."[300] + +On the 21st of the month, in a letter to the president of Congress, he +reported the havoc then wrought by the enemy:-- + + WILLIAMSBURG, May 21, 1779. + + SIR,--Being in the greatest haste to dispatch your express, + I have not time to give you any very particular information + concerning the present invasion. Let it suffice therefore to + inform Congress that the number of the enemy's ships are + nearly the same as was mentioned in my former letter; with + regard to the number of the troops which landed and took + Portsmouth, and afterwards proceeded and burnt, plundered, + and destroyed Suffolk, committing various barbarities, etc., + we are still ignorant, as the accounts from the deserters + differ widely; perhaps, however, it may not exceed 2000 or + 2500 men. + + I trust that a sufficient number of troops are embodied and + stationed in certain proportions at this place, York, + Hampton, and on the south side of James River.... When any + further particulars come to my knowledge they shall be + communicated to Congress without delay. + + I have the honor to be, Sir, your humble servant, + + P. HENRY. + + P. S. I am pretty certain that the land forces are commanded + by Gen'l Matthews and the fleet by Sir George Collier.[301] + +In the very midst of this ugly storm, it was required that the ship of +state should undergo a change of commanders. The third year for which +Governor Henry had been elected was nearly at an end. There were some +members of the Assembly who thought him eligible as governor for still +another year, on the ground that his first election was by the +convention, and that the year of office which that body gave to him +"was merely provisory," and formed no proper part of his +constitutional term.[302] Governor Henry himself, however, could not +fail to perceive the unfitness of any struggle upon such a question at +such a time, as well as the futility which would attach to that high +office, if held, amid such perils, under a clouded title. Accordingly, +on the 28th of May, he cut short all discussion by sending to the +speaker of the House of Delegates the following letter:-- + + May 28, 1779. + + SIR,--The term for which I had the honor to be elected + governor by the late Assembly being just about to expire, + and the Constitution, as I think, making me ineligible to + that office, I take the liberty to communicate to the + Assembly through you, Sir, my intention to retire in four or + five days. + + I have thought it necessary to give this notification of my + design, in order that the Assembly may have the earliest + opportunity of deliberating upon the choice of a successor + to me in office. + + With great regard, I have the honor to be, Sir, your most + obedient servant, + + P. HENRY.[303] + +On the first of June, Thomas Jefferson was elected to succeed him in +office, but by a majority of only six votes out of one hundred and +twenty-eight.[304] On the following day Patrick Henry, having received +certain resolutions from the General Assembly[305] commending him for +his conduct while governor, graciously closed this chapter of his +official life by the following letter:-- + + GENTLEMEN,--The House of Delegates have done me very great + honor in the vote expressive of their approbation of my + public conduct. I beg the favor of you, gentlemen, to convey + to that honorable house my most cordial acknowledgments, and + to assure them that I shall ever retain a grateful + remembrance of the high honor they have now conferred on + me.[306] + +In the midst of these frank voices of public appreciation over the +fidelity and efficiency of his service as governor, there were +doubtless the usual murmurs of partisan criticism or of personal +ill-will. For example, a few days after Jefferson had taken his seat +in the stately chair which Patrick Henry had just vacated, St. George +Tucker, in a letter to Theophilus Bland, gave expression to this +sneer: "_Sub rosa_, I wish his excellency's activity may be equal to +the abilities he possesses in so eminent a degree.... But if he should +tread in the steps of his predecessor, there is not much to be +expected from the brightest talents."[307] Over against a taunt like +this, one can scarcely help placing the fact that the general of the +armies who, for three stern years, had been accustomed to lean heavily +for help on this governor of Virginia, and who never paid idle +compliments, nevertheless paid many a tribute to the intelligence, +zeal, and vigorous activity of Governor Henry's administration. Thus, +on the 27th of December, 1777, Washington writes to him: "In several +of my late letters I addressed you on the distress of the troops for +want of clothing. Your ready exertions to relieve them have given me +the highest satisfaction."[308] On the 19th of February, 1778, +Washington again writes to him: "I address myself to you, convinced +that our alarming distresses will engage your most serious +consideration, and that the full force of that zeal and vigor you +have manifested upon every other occasion, will now operate for our +relief, in a matter that so nearly affects the very existence of our +contest."[309] On the 19th of April, 1778, Washington once more writes +to him: "I hold myself infinitely obliged to the legislature for the +ready attention which they have paid to my representation of the wants +of the army, and to you for the strenuous manner in which you have +recommended to the people an observance of my request."[310] Finally, +if any men had even better opportunities than Washington for +estimating correctly Governor Henry's efficiency in his great office, +surely those men were his intimate associates, the members of the +Virginia legislature. It is quite possible that their first election +of him as governor may have been in ignorance of his real qualities as +an executive officer; but this cannot be said of their second and of +their third elections of him, each one of which was made, as we have +seen, without one audible lisp of opposition. Is it to be believed +that, if he had really shown that lack of executive efficiency which +St. George Tucker's sneer implies, such a body of men, in such a +crisis of public danger, would have twice and thrice elected him to +the highest executive office in the State, and that, too, without one +dissenting vote? To say so, indeed, is to fix a far more damning +censure upon them than upon him. + + +FOOTNOTES: + +[293] Clark's _Campaign in the Illinois_, 95-97, where Governor +Henry's public and private instructions are given in full. + +[294] MS. + +[295] _Jour. Va. House Del._ 30, 36, 66; also Hening, ix. 474-476; +477-478; 530-532; 584-585. + +[296] MS. + +[297] Sparks, _Corr. Rev_. ii. 261-262. + +[298] MS. + +[299] MS. + +[300] Burk, _Hist. Va._ iv. 338. + +[301] MS. + +[302] Burk, _Hist. Va._ iv. 350. + +[303] Wirt, 225. + +[304] _Jour. Va. House Del._ 29. + +[305] Burk, _Hist. Va._ 350. + +[306] _Jour. Va. House Del._ 32. + +[307] _Bland Papers_, ii. 11. + +[308] MS. + +[309] MS. + +[310] MS. + + + + +CHAPTER XVI + +AT HOME AND IN THE HOUSE OF DELEGATES + + +The high official rank which Governor Henry had borne during the first +three years of American independence was so impressive to the +imaginations of the French allies who were then in the country, that +some of them addressed their letters to him as "Son Altesse Royale, +Monsieur Patrick Henri, Gouverneur de l'Etat de Virginie."[311] From +this titular royalty he descended, as we have seen, about the 1st of +June, 1779; and for the subsequent five and a half years, until his +recall to the governorship, he is to be viewed by us as a very retired +country gentleman in delicate health, with episodes of labor and of +leadership in the Virginia House of Delegates. + +A little more than a fortnight after his descent from the governor's +chair, he was elected by the General Assembly as a delegate in +Congress.[312] It is not known whether he at any time thought it +possible for him to accept this appointment; but, on the 28th of the +following October, the body that had elected him received from him a +letter declining the service.[313] Moreover, in spite of all +invitations and entreaties, Patrick Henry never afterwards served in +any public capacity outside the State of Virginia. + +During his three years in the governorship, he had lived in the palace +at Williamsburg. In the course of that time, also, he had sold his +estate of Scotchtown, in Hanover County, and had purchased a large +tract of land in the new county of Henry,--a county situated about two +hundred miles southwest from Richmond, along the North Carolina +boundary, and named, of course, in honor of himself. To his new estate +there, called Leatherwood, consisting of about ten thousand acres, he +removed early in the summer of 1779. This continued to be his home +until he resumed the office of governor in November, 1784.[314] + +After the storm and stress of so many years of public life, and of +public life in an epoch of revolution, the invalid body, the +care-burdened spirit, of Patrick Henry must have found great +refreshment in this removal to a distant, wild, and mountainous +solitude. In undisturbed seclusion, he there remained during the +summer and autumn of 1779, and even the succeeding winter and +spring,--scarcely able to hear the far-off noises of the great +struggle in which he had hitherto borne so rugged a part, and of which +the victorious issue was then to be seen by him, though dimly, through +many a murky rack of selfishness, cowardice, and crime. + +His successor in the office of governor was Thomas Jefferson, the +jovial friend of his own jovial youth, bound to him still by that +hearty friendship which was founded on congeniality of political +sentiment, but was afterward to die away, at least on Jefferson's +side, into alienation and hate. To this dear friend Patrick Henry +wrote late in that winter, from his hermitage among the eastward +fastnesses of the Blue Ridge, a remarkable letter, which has never +before been in print, and which is full of interest for us on account +of its impulsive and self-revealing words. Its tone of despondency, +almost of misanthropy,--so unnatural to Patrick Henry,--is perhaps a +token of that sickness of body which had made the soul sick too, and +had then driven the writer into the wilderness, and still kept him +there:-- + + TO THOMAS JEFFERSON. + + LEATHERWOOD, 15th Feby., 1780. + + DEAR SIR,--I return you many thanks for your favor by Mr. + Sanders. The kind notice you were pleased to take of me was + particularly obliging, as I have scarcely heard a word of + public matters since I moved up in the retirement where I + live. + + I have had many anxieties for our commonwealth, principally + occasioned by the depreciation of our money. To judge by + this, which somebody has called the pulse of the state, I + have feared that our body politic was dangerously sick. God + grant it may not be unto death. But I cannot forbear + thinking, the present increase of prices is in great part + owing to a kind of habit, which is now of four or five + years' growth, which is fostered by a mistaken avarice, and + like other habits hard to part with. For there is really + very little money hereabouts. + + What you say of the practice of our distinguished Tories + perfectly agrees with my own observation, and the attempts + to raise prejudices against the French, I know, were begun + when I lived below. What gave me the utmost pain was to see + some men, indeed very many, who were thought good Whigs, + keep company with the miscreants,--wretches who, I am + satisfied, were laboring our destruction. This countenance + shown them is of fatal tendency. They should be shunned and + execrated, and this is the only way to supply the place of + legal conviction and punishment. But this is an effort of + virtue, small as it seems, of which our countrymen are not + capable. + + Indeed, I will own to you, my dear Sir, that observing this + impunity and even respect, which some wicked individuals + have met with while their guilt was clear as the sun, has + sickened me, and made me sometimes wish to be in retirement + for the rest of my life. I will, however, be down, on the + next Assembly, if I am chosen. My health, I am satisfied, + will never again permit a close application to sedentary + business, and I even doubt whether I can remain below long + enough to serve in the Assembly. I will, however, make the + trial. + + But tell me, do you remember any instance where tyranny was + destroyed and freedom established on its ruins, among a + people possessing so small a share of virtue and public + spirit? I recollect none, and this, more than the British + arms, makes me fearful of final success without a reform. + But when or how this is to be effected, I have not the means + of judging. I most sincerely wish you health and prosperity. + If you can spare time to drop me a line now and then, it + will be highly obliging to, dear Sir, your affectionate + friend and obedient servant, + + P. HENRY.[315] + +The next General Assembly, which he thus promised to attend in case he +should be chosen, met at Richmond on the 1st of May, 1780. It hardly +needs to be mentioned that the people of Henry County were proud to +choose him as one of their members in that body; but he seems not to +have taken his seat there until about the 19th of May.[316] From the +moment of his arrival in the House of Delegates, every kind of +responsibility and honor was laid upon him. This was his first +appearance in such an assembly since the proclamation of independence; +and the prestige attaching to his name, as well as his own undimmed +genius for leadership, made him not only the most conspicuous person +in the house, but the nearly absolute director of its business in +every detail of opinion and of procedure on which he should choose to +express himself,--his only rival, in any particular, being Richard +Henry Lee. It helps one now to understand the real reputation he had +among his contemporaries for practical ability, and for a habit of +shrinking from none of the commonplace drudgeries of legislative work, +that during the first few days after his accession to the House he +was placed on the committee of ways and means; on a committee "to +inquire into the present state of the account of the commonwealth +against the United States, and the most speedy and effectual method of +finally settling the same;" on a committee to prepare a bill for the +repeal of a part of the act "for sequestering British property, +enabling those indebted to British subjects to pay off such debts, and +directing the proceedings in suits where such subjects are parties;" +on three several committees respecting the powers and duties of high +sheriffs and of grand juries; and, finally, on a committee to notify +Jefferson of his reelection as governor, and to report his answer to +the House. On the 7th of June, however, after a service of little more +than two weeks, his own sad apprehensions respecting his health seem +to have been realized, and he was obliged to ask leave to withdraw +from the House for the remainder of the session.[317] + +At the autumn session of the legislature he was once more in his +place. On the 6th of November, the day on which the House was +organized, he was made chairman of the committee on privileges and +elections, and also of a committee "for the better defence of the +southern frontier," and was likewise placed on the committee on +propositions and grievances, as well as on the committee on courts of +justice. On the following day he was made a member of a committee for +the defence of the eastern frontier. On the 10th of November he was +placed on a committee to bring in a bill relating to the enlistment of +Virginia troops, and to the redemption of the state bills of credit +then in circulation, and the emission of new bills. On the 22d of +November he was made a member of a committee to which was again +referred the account between the State and the United States. On the +9th of December he was made a member of a committee to draw up bills +for the organization and maintenance of a navy for the State, and the +protection of navigation and commerce upon its waters. On the 14th of +December he was made chairman of a committee to draw up a bill for the +better regulation and discipline of the militia, and of still another +committee to prepare a bill "for supplying the army with clothes and +provisions."[318] On the 28th of December, the House having knowledge +of the arrival in town of poor General Gates, then drooping under the +burden of those Southern willows which he had so plentifully gathered +at Camden, Patrick Henry introduced the following magnanimous +resolution:-- + + "That a committee of four be appointed to wait on Major + General Gates, and to assure him of the high regard and + esteem of this House; that the remembrance of his former + glorious services cannot be obliterated by any reverse of + fortune; but that this House, ever mindful of his great + merit, will omit no opportunity of testifying to the world + the gratitude which, as a member of the American Union, this + country owes to him in his military character."[319] + +On the 2d of January, 1781, the last day of the session, the House +adopted, on Patrick Henry's motion, a resolution authorizing the +governor to convene the next meeting of the legislature at some other +place than Richmond, in case its assembling in that city should "be +rendered inconvenient by the operations of an invading enemy,"[320] a +resolution reflecting their sense of the peril then hanging over the +State. + +Before the legislature could again meet, events proved that it was no +imaginary danger against which Patrick Henry's resolution had been +intended to provide. On the 2d of January, 1781, the very day on which +the legislature had adjourned, a hostile fleet conveyed into the James +River a force of about eight hundred men under command of Benedict +Arnold, whose eagerness to ravage Virginia was still further +facilitated by the arrival, on the 26th of March, of two thousand men +under General Phillips. Moreover, Lord Cornwallis, having beaten +General Greene at Guilford, in North Carolina, on the 15th of March, +seemed to be gathering force for a speedy advance into Virginia. That +the roar of his guns would soon be heard in the outskirts of their +capital, was what all Virginians then felt to be inevitable. + +Under such circumstances, it is not strange that a session of the +legislature, which is said to have been held on the 1st of March,[321] +should have been a very brief one, or that when the 7th of May +arrived--the day for its reassembling at Richmond--no quorum should +have been present; or that, on the 10th of May, the few members who +had arrived in Richmond should have voted, in deference to "the +approach of an hostile army,"[322] to adjourn to Charlottesville,--a +place of far greater security, ninety-seven miles to the northwest, +among the mountains of Albemarle. By the 20th of May, Cornwallis +reached Petersburg, twenty-three miles south of Richmond; and shortly +afterward, pushing across the James and the Chickahominy, he encamped +on the North Anna, in the county of Hanover. Thus, at last, the single +county of Louisa then separated him from that county in which was the +home of the governor of the State, and where was then convened its +legislature,--Patrick Henry himself being present and in obvious +direction of all its business. The opportunity to bag such game, Lord +Cornwallis was not the man to let slip. Accordingly, on Sunday, the 3d +of June, he dispatched a swift expedition under Tarleton, to surprise +and capture the members of the legislature, "to seize on the person of +the governor," and "to spread on his route devastation and +terror."[323] In this entire scheme, doubtless, Tarleton would have +succeeded, had it not been that as he and his troopers, on that fair +Sabbath day, were hurrying past the Cuckoo tavern in Louisa, one +Captain John Jouette, watching from behind the windows, espied them, +divined their object, and mounting a fleet horse, and taking a shorter +route, got into Charlottesville a few hours in advance of them, just +in time to give the alarm, and to set the imperiled legislators +a-flying to the mountains for safety. + +Then, by all accounts, was witnessed a display of the locomotive +energies of grave and potent senators, such as this world has not +often exhibited. Of this tragically comical incident, of course, the +journal of the House of Delegates makes only the most placid and +forbearing mention. For Monday, June 4, its chief entry is as follows: +"There being reason to apprehend an immediate incursion of the enemy's +cavalry to this place, which renders it indispensable that the General +Assembly should forthwith adjourn to a place of greater security; +resolved, that this House be adjourned until Thursday next, then to +meet at the town of Staunton, in the county of Augusta,"--a town +thirty-nine miles farther west, beyond a chain of mountains, and only +to be reached by them or their pursuers through difficult passes in +the Blue Ridge. The next entry in the journal is dated at Staunton, on +the 7th of June, and, very properly, is merely a prosaic and +business-like record of the reassembling of the House according to the +adjournment aforesaid.[324] + +But as to some of the things that happened in that interval of panic +and of scrambling flight, popular tradition has not been equally +forbearing; and while the anecdotes upon that subject, which have +descended to our time, are very likely decorated by many tassels of +exaggeration and of myth, they yet have, doubtless, some slight +framework of truth, and do really portray for us the actual beliefs of +many people in Virginia respecting a number of their celebrated men, +and especially respecting some of the less celebrated traits of those +men. For example, it is related that on the sudden adjournment of the +House, caused by this dusty and breathless apparition of the speedful +Jouette, and his laconic intimation that Tarleton was coming, the +members, though somewhat accustomed to ceremony, stood not upon the +order of their going, but went at once,--taking first to their horses, +and then to the woods; and that, breaking up into small parties of +fugitives, they thus made their several ways, as best they could, +through the passes of the mountains leading to the much-desired +seclusion of Staunton. One of these parties consisted of Benjamin +Harrison, Colonel William Christian, John Tyler, and Patrick Henry. +Late in the day, tired and hungry, they stopped their horses at the +door of a small hut, in a gorge of the hills, and asked for food. An +old woman, who came to the door, and who was alone in the house, +demanded of them who they were, and where they were from. Patrick +Henry, who acted as spokesman of the party, answered: "We are members +of the legislature, and have just been compelled to leave +Charlottesville on account of the approach of the enemy." "Ride on, +then, ye cowardly knaves," replied she, in great wrath; "here have my +husband and sons just gone to Charlottesville to fight for ye, and you +running away with all your might. Clear out--ye shall have nothing +here." "But," rejoined Mr. Henry, in an expostulating tone, "we were +obliged to fly. It would not do for the legislature to be broken up by +the enemy. Here is Mr. Speaker Harrison; you don't think he would have +fled had it not been necessary?" "I always thought a great deal of Mr. +Harrison till now," answered the old woman; "but he'd no business to +run from the enemy," and she was about to shut the door in their +faces. "Wait a moment, my good woman," urged Mr. Henry; "you would +hardly believe that Mr. Tyler or Colonel Christian would take to +flight if there were not good cause for so doing?" "No, indeed, that I +wouldn't," she replied. "But," exclaimed he, "Mr. Tyler and Colonel +Christian are here." "They here? Well, I never would have thought it;" +and she stood for a moment in doubt, but at once added, "No matter. We +love these gentlemen, and I didn't suppose they would ever run away +from the British; but since they have, they shall have nothing to eat +in my house. You may ride along." In this desperate situation Mr. +Tyler then stepped forward and said, "What would you say, my good +woman, if I were to tell you that Patrick Henry fled with the rest of +us?" "Patrick Henry! I should tell you there wasn't a word of truth in +it," she answered angrily; "Patrick Henry would never do such a +cowardly thing." "But this is Patrick Henry," said Mr. Tyler, pointing +to him. The old woman was amazed; but after some reflection, and with +a convulsive twitch or two at her apron string, she said, "Well, then, +if that's Patrick Henry, it must be all right. Come in, and ye shall +have the best I have in the house."[325] + +The pitiless tongue of tradition does not stop here, but proceeds to +narrate other alleged experiences of this our noble, though somewhat +disconcerted, Patrick. Arrived at last in Staunton, and walking +through its reassuring streets, he is said to have met one Colonel +William Lewis, to whom the face of the orator was then unknown; and to +have told to this stranger the story of the flight of the legislature +from Albemarle. "If Patrick Henry had been in Albemarle," was the +stranger's comment, "the British dragoons never would have passed over +the Rivanna River."[326] + +The tongue of tradition, at last grown quite reckless, perhaps, of +its own credit, still further relates that even at Staunton these +illustrious fugitives did not feel entirely sure that they were beyond +the reach of Tarleton's men. A few nights after their arrival there, +as the story runs, upon some sudden alarm, several of them sprang from +their beds, and, imperfectly clapping on their clothes, fled out of +the town, and took refuge at the plantation of one Colonel George +Moffett, near which, they had been told, was a cave in which they +might the more effectually conceal themselves. Mrs. Moffett, though +not knowing the names of these flitting Solons, yet received them with +true Virginian hospitality: but the next morning, at breakfast, she +made the unlucky remark that there was one member of the legislature +who certainly would not have run from the enemy. "Who is he?" was then +asked. Her reply was, "Patrick Henry." At that moment a gentleman of +the party, himself possessed of but one boot, was observed to blush +considerably. Furthermore, as soon as possible after breakfast, these +imperiled legislators departed in search of the cave; shortly after +which a negro from Staunton rode up, carrying in his hand a solitary +boot, and inquiring earnestly for Patrick Henry. In that way, as the +modern reporter of this very debatable tradition unkindly adds, the +admiring Mrs. Moffett ascertained who it was that the boot fitted; and +he further suggests that, whatever Mrs. Moffett's emotions were at +that time, those of Patrick must have been, "Give me liberty, but not +death."[327] + +Passing by these whimsical tales, we have now to add that the +legislature, having on the 7th of June entered upon its work at +Staunton, steadily continued it there until the 23d of the month, when +it adjourned in orderly fashion, to meet again in the following +October. Governor Jefferson, whose second year of office had expired +two days before the flight of himself and the legislature from +Charlottesville, did not accompany that body to Staunton, but pursued +his own way to Poplar Forest and to Bedford, where, "remote from the +legislature,"[328] he remained during the remainder of its session. On +the 12th of June, Thomas Nelson was elected as his successor in +office.[329] + +It was during this period of confusion and terror that, as Jefferson +alleges, the legislature once more had before it the project of a +dictator, in the criminal sense of that word; and, upon Jefferson's +private authority, both Wirt and Girardin long afterward named Patrick +Henry as the man who was intended for this profligate honor.[330] We +need not here repeat what was said, in our narrative of the closing +weeks of 1776, concerning this terrible posthumous imputation upon the +public and private character of Patrick Henry. Nearly everything which +then appeared to the discredit of this charge in connection with the +earlier date, is equally applicable to it in connection with the later +date also. Moreover, as regards this later date, there has recently +been discovered a piece of contemporaneous testimony which shows that, +whatever may have been the scheme for a dictatorship in Virginia in +1781, it was a great military chieftain who was wanted for the +position; and, apparently, that Patrick Henry was not then even +mentioned in the affair. On the 9th of June, 1781, Captain H. Young, +though not a member of the House of Delegates, writes from Staunton to +Colonel William Davies as follows: "Two days ago, Mr. Nicholas gave +notice that he should this day move to have a dictator appointed. +General Washington and General Greene are talked of. I dare say your +knowledge of these worthy gentlemen will be sufficient to convince you +that neither of them will, or ought to, accept of such an +appointment.... We have but a thin House of Delegates; but they are +zealous, I think, in the cause of virtue."[331] Furthermore, the +journal of that House contains no record of any such motion having +been made; and it is probable that it never was made, and that the +subject never came before the legislature in any such form as to call +for its notice. + +Finally, with respect to both the dates mentioned by Jefferson for the +appearance of the scheme, Edmund Randolph has left explicit testimony +to the effect that such a scheme never had any substantial existence +at all: "Mr. Jefferson, in his Notes on Virginia, speaks with great +bitterness against those members of the Assembly in the years 1776 and +1781, who espoused the erection of a dictator. Coming from such +authority, the invective infects the character of the legislature, +notwithstanding he has restricted the charge to less than a majority, +and acknowledged the spotlessness of most of them.... The subject was +never before them, except as an article of newspaper intelligence, and +even then not in a form which called for their attention. Against this +unfettered monster, which deserved all the impassioned reprobation of +Mr. Jefferson, their tones, it may be affirmed, would have been loud +and tremendous."[332] + +For its autumn session, in 1781, the legislature did not reach an +organization until the 19th of November,--just one month after the +surrender of Cornwallis. Eight days after the organization of the +House, Patrick Henry took his seat;[333] and after a service of less +than four weeks, he obtained leave of absence for the remainder of the +session.[334] During 1782 his attendance upon the House seems to have +been limited to the spring session. At the organization of the House, +on the 12th of May, 1783, he was in his place again, and during that +session, as well as the autumnal one, his attendance was close and +laborious. At both sessions of the House in 1784 he was present and +in full force; but in the very midst of these employments he was +interrupted by his election as governor, on the 17th of +November,--shortly after which, he withdrew to his country-seat in +order to remove his family thence to the capital. + +In the course of all these labors in the legislature, and amid a +multitude of topics merely local and temporary, Patrick Henry had +occasion to deal publicly, and under the peculiar responsibilities of +leadership, with nearly all the most important and difficult questions +that came before the American people during the later years of the war +and the earlier years of the peace. The journal of the House for that +period omits all mention of words spoken in debate; and although it +does occasionally enable us to ascertain on which side of certain +questions Patrick Henry stood, it leaves us in total ignorance of his +reasons for any position which he chose to take. In trying, therefore, +to estimate the quality of his statesmanship when dealing with these +questions, we lack a part of the evidence which is essential to any +just conclusion; and we are left peculiarly at the mercy of those +sweeping censures which have been occasionally applied to his +political conduct during that period.[335] + +On the assurance of peace, in the spring of 1783, perhaps the earliest +and the knottiest problem which had to be taken up was the one +relating to that vast body of Americans who then bore the +contumelious name of Tories,--those Americans who, against all loss +and ignominy, had steadily remained loyal to the unity of the British +empire, unflinching in their rejection of the constitutional heresy of +American secession. How should these execrable beings--the defeated +party in a long and most rancorous civil war--be treated by the party +which was at last victorious? Many of them were already in exile: +should they be kept there? Many were still in this country: should +they be banished from it? As a matter of fact, the exasperation of +public feeling against the Tories was, at that time, so universal and +so fierce that no statesman could then lift up his voice in their +favor without dashing himself against the angriest currents of popular +opinion and passion, and risking the loss of the public favor toward +himself. Nevertheless, precisely this is what Patrick Henry had the +courage to do. While the war lasted, no man spoke against the Tories +more sternly than did he. The war being ended, and its great purpose +secured, no man, excepting perhaps Alexander Hamilton, was so prompt +and so energetic in urging that all animosities of the war should be +laid aside, and that a policy of magnanimous forbearance should be +pursued respecting these baffled opponents of American independence. +It was in this spirit that, as soon as possible after the cessation of +hostilities, he introduced a bill for the repeal of an act "to +prohibit intercourse with, and the admission of British subjects +into" Virginia,[336]--language well understood to refer to the Tories. +This measure, we are told, not only excited surprise, but "was, at +first, received with a repugnance apparently insuperable." Even his +intimate friend John Tyler, the speaker of the House, hotly resisted +it in the committee of the whole, and in the course of his argument, +turning to Patrick Henry, asked "how he, above all other men, could +think of inviting into his family an enemy from whose insults and +injuries he had suffered so severely?" + +In reply to this appeal, Patrick Henry declared that the question +before them was not one of personal feeling; that it was a national +question; and that in discussing it they should be willing to +sacrifice all personal resentments, all private wrongs. He then +proceeded to unfold the proposition that America had everything out of +which to make a great nation--except people. + + "Your great want, sir, is the want of men; and these you + must have, and will have speedily, if you are wise. Do you + ask how you are to get them? Open your doors, sir, and they + will come in. The population of the Old World is full to + overflowing; that population is ground, too, by the + oppressions of the governments under which they live. Sir, + they are already standing on tiptoe upon their native + shores, and looking to your coasts with a wishful and + longing eye.... But gentlemen object to any accession from + Great Britain, and particularly to the return of the British + refugees. Sir, I feel no objection to the return of those + deluded people. They have, to be sure, mistaken their own + interests most wofully, and most wofully have they suffered + the punishment due to their offences. But the relations + which we bear to them and to their native country are now + changed. Their king hath acknowledged our independence. The + quarrel is over. Peace hath returned, and found us a free + people. Let us have the magnanimity, sir, to lay aside our + antipathies and prejudices, and consider the subject in a + political light. Those are an enterprising, moneyed people. + They will be serviceable in taking off the surplus produce + of our lands, and supplying us with necessaries during the + infant state of our manufactures. Even if they be inimical + to us in point of feeling and principle, I can see no + objection, in a political view, in making them tributary to + our advantage. And, as I have no prejudices to prevent my + making this use of them, so, sir, I have no fear of any + mischief that they can do us. Afraid of them? What, sir + [said he, rising to one of his loftiest attitudes, and + assuming a look of the most indignant and sovereign + contempt], shall we, who have laid the proud British lion at + our feet, now be afraid of his whelps?"[337] + +In the same spirit he dealt with the restraints on British commerce +imposed during the war,--a question similar to the one just mentioned, +at least in this particular, that it was enveloped in the angry +prejudices born of the conflict just ended. The journal for the 13th +of May, 1783, has this entry: "Mr. Henry presented, according to +order, a bill 'to repeal the several Acts of Assembly for seizure and +condemnation of British goods found on land;' and the same was +received and read the first time, and ordered to be read a second +time." In advocating this measure, he seems to have lifted the +discussion clear above all petty considerations to the plane of high +and permanent principle, and, according to one of his chief +antagonists in that debate, to have met all objections by arguments +that were "beyond all expression eloquent and sublime." After +describing the embarrassments and distresses of the situation and +their causes, he took the ground that perfect freedom was as necessary +to the health and vigor of commerce as it was to the health and vigor +of citizenship. "Why should we fetter commerce? If a man is in chains, +he droops and bows to the earth, for his spirits are broken; but let +him twist the fetters from his legs, and he will stand erect. Fetter +not commerce, sir. Let her be as free as air; she will range the whole +creation, and return on the wings of the four winds of heaven, to +bless the land with plenty."[338] + +Besides these and other problems in the foreign relations of the +country, there remained, of course, at the end of the war, several +vast domestic problems for American statesmanship to grapple +with,--one of these being the relations of the white race to their +perpetual neighbors, the Indians. In the autumn session of 1784, in a +series of efforts said to have been marked by "irresistible +earnestness and eloquence," he secured the favorable attention of the +House to this ancient problem, and even to his own daring and +statesmanlike solution of it. The whole subject, as he thought, had +been commonly treated by the superior race in a spirit not only mean +and hard, but superficial also; the result being nearly two centuries +of mutual suspicion, hatred, and slaughter. At last the time had come +for the superior race to put an end to this traditional disaster and +disgrace. Instead of tampering with the difficulty by remedies applied +merely to the surface, he was for striking at the root of it, namely, +at the deep divergence in sympathy and in interest between the two +races. There was but one way in which to do this: it was for the white +race to treat the Indians, consistently, as human beings, and as fast +as possible to identify their interests with our own along the entire +range of personal concerns,--in property, government, society, and, +especially, in domestic life. In short, he proposed to encourage, by a +system of pecuniary bounties, the practice of marriage between members +of the two races, believing that such ties, once formed, would be an +inviolable pledge of mutual friendship, fidelity, and forbearance, and +would gradually lead to the transformation of the Indians into a +civilized and Christian people. His bill for this purpose, elaborately +drawn up, was carried through its second reading and "engrossed for +its final passage," when, by his sudden removal from the floor of the +House to the governor's chair, the measure was deprived of its +all-conquering champion, and, on the third reading, it fell a +sacrifice to the Caucasian rage and scorn of the members. + +It is proper to note, also, that during this period of service in the +legislature Patrick Henry marched straight against public opinion, and +jeoparded his popularity, on two or three other subjects. For example, +the mass of the people of Virginia were then so angrily opposed to the +old connection between church and state that they occasionally saw +danger even in projects which in no way involved such a connection. +This was the case with Patrick Henry's necessary and most innocent +measure "for the incorporation of all societies of the Christian +religion which may apply for the same;" likewise, his bill for the +incorporation of the clergy of the Episcopal Church; and, finally, his +more questionable and more offensive resolution for requiring all +citizens of the State to contribute to the expense of supporting some +form of religious worship according to their own preference. + +Whether, in these several measures, Patrick Henry was right or wrong, +one thing, at least, is obvious: no politician who could thus beard in +his very den the lion of public opinion can be accurately described as +a demagogue. + +With respect to those amazing gifts of speech by which, in the House +of Delegates, he thus repeatedly swept all opposition out of his way, +and made people think as he wished them to do, often in the very +teeth of their own immediate interests or prepossessions, an amusing +instance was mentioned, many years afterward, by President James +Madison. During the war Virginia had paid her soldiers in certificates +for the amounts due them, to be redeemed in cash at some future time. +In many cases, the poverty of the soldiers had induced them to sell +these certificates, for trifling sums in ready money, to certain +speculators, who were thus making a traffic out of the public +distress. For the purpose of checking this cruel and harmful business, +Madison brought forward a suitable bill, which, as he told the story, +Patrick Henry supported with an eloquence so irresistible that it was +carried through the House without an opposing vote; while a notorious +speculator in these very certificates, having listened from the +gallery to Patrick Henry's speech, at its conclusion so far forgot his +own interest in the question as to exclaim, "That bill ought to +pass."[339] + +Concerning his appearance and his manner of speech in those days, a +bit of testimony comes down to us from Spencer Roane, who, as he tells +us, first "met with Patrick Henry in the Assembly of 1783." He adds:-- + + "I also then met with R. H. Lee.... I lodged with Lee one or + two sessions, and was perfectly acquainted with him, while I + was yet a stranger to Mr. H. These two gentlemen were the + great leaders in the House of Delegates, and were almost + constantly opposed. Notwithstanding my habits of intimacy + with Mr. Lee, I found myself obliged to vote with P. H. + against him in '83, and against Madison in '84, ... but with + several important exceptions. I voted against him (P. H.), I + recollect, on the subject of the refugees,--he was for + permitting their return; on the subject of a general + assessment; and the act incorporating the Episcopal Church. + I voted with him, in general, because he was, I thought, a + more practical statesman than Madison (time has made Madison + more practical), and a less selfish one than Lee. As an + orator, Mr. Henry demolished Madison with as much ease as + Samson did the cords that bound him before he was shorn. Mr. + Lee held a greater competition.... Mr. Lee was a polished + gentleman. His person was not very good; and he had lost the + use of one of his hands; but his manner was perfectly + graceful. His language was always chaste, and, although + somewhat too monotonous, his speeches were always pleasing; + yet he did not ravish your senses, nor carry away your + judgment by storm.... Henry was almost always victorious. He + was as much superior to Lee in temper as in eloquence.... + Mr. Henry was inferior to Lee in the gracefulness of his + action, and perhaps also in the chasteness of his language; + yet his language was seldom incorrect, and his address + always striking. He had a fine blue eye; and an earnest + manner which made it impossible not to attend to him. His + speaking was unequal, and always rose with the subject and + the exigency. In this respect, he entirely differed from Mr. + Lee, who always was equal. At some times, Mr. Henry would + seem to hobble, especially in the beginning of his speeches; + and, at others, his tones would be almost disagreeable; yet + it was by means of his tones, and the happy modulation of + his voice, that his speaking perhaps had its greatest + effect. He had a happy articulation, and a clear, distinct, + strong voice; and every syllable was distinctly uttered. He + was very unassuming as to himself, amounting almost to + humility, and very respectful towards his competitor; the + consequence was that no feeling of disgust or animosity was + arrayed against him. His exordiums in particular were often + hobbling and always unassuming. He knew mankind too well to + promise much.... He was great at a reply, and greater in + proportion to the pressure which was bearing upon him. The + resources of his mind and of his eloquence were equal to any + drafts which could be made upon them. He took but short + notes of what fell from his adversaries, and disliked the + drudgery of composition; yet it is a mistake to say that he + could not write well."[340] + + +FOOTNOTES: + +[311] Rives, _Life of Madison_, i. 189, note. + +[312] _Jour. Va. House Del._ 54. + +[313] _Jour. Va. House Del._ 27. + +[314] MS. + +[315] MS. + +[316] _Jour. Va. House Del._ 14. + +[317] _Jour. Va. House Del._ 14, 15, 18, 25, 28, 31, 39. + +[318] _Jour. Va. House Del._ 7, 8, 10, 14, 24, 45, 50, 51. + +[319] _Jour. Va. House Del._ 71. + +[320] _Ibid._ 79. + +[321] Burk, _Hist. Va._ iv. 491. + +[322] _Jour. Va. House Del._ 1. + +[323] Burk, _Hist. Va._ iv. 496-497. + +[324] _Jour. Va. House Del._ 10. + +[325] L. G. Tyler, _Letters and Times of the Tylers_, i. 81-83, where +it is said to be taken from Abel's _Life of John Tyler_. + +[326] Peyton, _Hist. Augusta Co._ 211. + +[327] Peyton, _Hist. Augusta Co._ 211. + +[328] Randall, _Life of Jefferson_, i. 352. + +[329] _Jour. Va. House Del._ 15. + +[330] _Jefferson's Writings_, viii. 368; Wirt, 231; Girardin, in Burk. +_Hist. Va._ iv. App. pp. xi.-xii.; Randall, _Life of Jefferson_, i. +348-352. + +[331] _Calendar Va. State Papers_, ii. 152. + +[332] MS. _Hist. Va._ + +[333] _Jour. Va. House Del._ for Nov. 27. + +[334] _Jour. Va. House Del._ for Dec. 21. + +[335] For example, _Bland Papers_, ii. 51; Rives, _Life of Madison_, +i. 536; ii. 240, note. + +[336] _Jour. Va. House Del._ 42. + +[337] John Tyler, in Wirt, 233, 236. + +[338] John Tyler, in Wirt, 237-238. + +[339] Howe, _Hist. Coll. Va._ 222. + +[340] MS. + + + + +CHAPTER XVII + +SHALL THE CONFEDERATION BE MADE STRONGER? + + +We have now arrived at the second period of Patrick Henry's service as +governor of Virginia, beginning with the 30th of November, 1784. For +the four or five years immediately following that date, the salient +facts in his career seem to group themselves around the story of his +relation to that vast national movement which ended in an entire +reorganization of the American Republic under a new Constitution. +Whoever will take the trouble to examine the evidence now at hand +bearing upon the case, can hardly fail to convince himself that the +true story of Patrick Henry's opposition to that great movement has +never yet been told. Men have usually misconceived, when they have not +altogether overlooked, the motives for his opposition, the spirit in +which he conducted it, and the beneficent effects which were +accomplished by it; while his ultimate and firm approval of the new +Constitution, after it had received the chief amendments called for by +his criticisms, has been passionately described as an example of gross +political fickleness and inconsistency, instead of being, as it really +was, a most logical proceeding on his part, and in perfect harmony +with the principles underlying his whole public career. + +Before entering on a story so fascinating for the light it throws on +the man and on the epoch, it is well that we should stay long enough +to glance at what we may call the incidental facts in his life, for +these four or five years now to be looked into. + +Not far from the time of his thus entering once more upon the office +of governor, occurred the death of his aged mother, at the home of his +brother-in-law, Colonel Samuel Meredith of Winton, who, in a letter to +the governor, dated November 22, 1784, speaks tenderly of the long +illness which had preceded the death of the venerable lady, and +especially of the strength and beauty of her character:-- + + "She has been in my family upwards of eleven years; and from + the beginning of that time to the end, her life appeared to + me most evidently to be a continued manifestation of piety + and devotion, guided by such a great share of good sense as + rendered her amiable and agreeable to all who were so happy + as to be acquainted with her. Never have I known a Christian + character equal to hers."[341] + +On bringing his family to the capital, in November, 1784, from the +far-away solitude of Leatherwood, the governor established them, not +within the city itself, but across the James River, at a place called +Salisbury. What with children and with grandchildren, his family had +now become a patriarchal one; and some slight glimpse of himself and +of his manner of life at that time is given us in the memorandum of +Spencer Roane. In deference to "the ideas attached to the office of +governor, as handed down from the royal government," he is said to +have paid careful attention to his costume and personal bearing before +the public, never going abroad except in black coat, waistcoat, and +knee-breeches, in scarlet cloak, and in dressed wig. Moreover, his +family "were furnished with an excellent coach, at a time when these +vehicles were not so common as at present. They lived as genteelly, +and associated with as polished society, as that of any governor +before or since has ever done. He entertained as much company as +others, and in as genteel a style; and when, at the end of two years, +he resigned the office, he had greatly exceeded the salary, and [was] +in debt, which was one cause that induced him to resume the practice +of the law."[342] + +During his two years in the governorship, his duties concerned matters +of much local importance, indeed, but of no particular interest at +present. To this remark one exception may be found in some passages of +friendly correspondence between the governor and Washington,--the +latter then enjoying the long-coveted repose of Mt. Vernon. In +January, 1785, the Assembly of Virginia vested in Washington certain +shares in two companies, just then formed, for opening and extending +the navigation of the James and Potomac rivers.[343] In response to +Governor Henry's letter communicating this act, Washington wrote on +the 27th of February, stating his doubts about accepting such a +gratuity, but at the same time asking the governor as a friend to +assist him in the matter by his advice. Governor Henry's reply is of +interest to us, not only for its allusion to his own domestic +anxieties at the time, but for its revelation of the frank and cordial +relations between the two men:-- + + RICHMOND, March 12th, 1785. + + DEAR SIR,--The honor you are pleased to do me, in your favor + of the 27th ultimo, in which you desire my opinion in a + friendly way concerning the act enclosed you lately, is very + flattering to me. I did not receive the letter till + Thursday, and since that my family has been very sickly. My + oldest grandson, a fine boy indeed, about nine years old, + lays at the point of death. Under this state of uneasiness + and perturbation, I feel some unfitness to consider a + subject of so delicate a nature as that you have desired my + thoughts on. Besides, I have some expectation of a + conveyance more proper, it may be, than the present, when I + would wish to send you some packets received from Ireland, + which I fear the post cannot carry at once. If he does not + take them free, I shan't send them, for they are heavy. + Captain Boyle, who had them from Sir Edward Newenham, wishes + for the honor of a line from you, which I have promised to + forward to him. + + I will give you the trouble of hearing from me next post, + if no opportunity presents sooner, and, in the mean time, I + beg you to be persuaded that, with the most sincere + attachment, I am, dear sir, your most obedient servant, + + P. HENRY.[344] + + GENERAL WASHINGTON. + +The promise contained in this letter was fulfilled on the 19th of the +same month, when the governor wrote to Washington a long and careful +statement of the whole case, urging him to accept the shares, and +closing his letter with an assurance of his "unalterable affection" +and "most sincere attachment,"[345]--a subscription not common among +public men at that time. + +On the 30th of November, 1786, having declined to be put in nomination +for a third year, as permitted by the Constitution, he finally retired +from the office of governor. The House of Delegates, about the same +time, by unanimous vote, crowned him with the public thanks, "for his +wise, prudent, and upright administration, during his last appointment +of chief magistrate of this Commonwealth; assuring him that they +retain a perfect sense of his abilities in the discharge of the duties +of that high and important office, and wish him all domestic happiness +on his return to private life."[346] + +This return to private life meant, among other things, his return, +after an interruption of more than twelve years, to the practice of +the law. For this purpose he deemed it best to give up his remote home +at Leatherwood, and to establish himself in Prince Edward County,--a +place about midway between his former residence and the capital, and +much better suited to his convenience, as an active practitioner in +the courts. Accordingly, in Prince Edward County he continued to +reside from the latter part of 1786 until 1795. Furthermore, by that +county he was soon elected as one of its delegates in the Assembly; +and, resuming there his old position as leader, he continued to serve +in every session until the end of 1790, at which time he finally +withdrew from all official connection with public life. Thus it +happened that, by his retirement from the governorship in 1786, and by +his almost immediate restoration to the House of Delegates, he was put +into a situation to act most aggressively and most powerfully on +public opinion in Virginia during the whole period of the struggle +over the new Constitution. + +As regards his attitude toward that great business, we need, first of +all, to clear away some obscurity which has gathered about the +question of his habitual views respecting the relations of the several +States to the general government. It has been common to suppose that, +even prior to the movement for the new Constitution, Patrick Henry had +always been an extreme advocate of the rights of the States as +opposed to the central authority of the Union; and that the tremendous +resistance which he made to the new Constitution in all stages of the +affair prior to the adoption of the first group of amendments is to be +accounted for as the effect of an original and habitual tendency of +his mind.[347] Such, however, seems not to have been the case. + +In general it may be said that, at the very outset of the Revolution, +Patrick Henry was one of the first of our statesmen to recognize the +existence and the imperial character of a certain cohesive central +authority, arising from the very nature of the revolutionary act which +the several colonies were then taking. As early as 1774, in the first +Continental Congress, it was he who exclaimed: "All distinctions are +thrown down. All America is thrown into one mass." "The distinctions +between Virginians, Pennsylvanians, New Yorkers, and New Englanders +are no more. I am not a Virginian, but an American." In the spring of +1776, at the approach of the question of independence, it was he who +even incurred reproach by his anxiety to defer independence until +after the basis for a general government should have been established, +lest the several States, in separating from England, should lapse into +a separation from one another also. As governor of Virginia from 1776 +to 1779, his official correspondence with the president of Congress, +with the board of war, and with the general of the army is pervaded +by proofs of his respect for the supreme authority of the general +government within its proper sphere. Finally, as a leader in the +Virginia House of Delegates from 1780 to 1784, he was in the main a +supporter of the policy of giving more strength and dignity to the +general government. During all that period, according to the admission +of his most unfriendly modern critic, Patrick Henry showed himself +"much more disposed to sustain and strengthen the federal authority" +than did, for example, his great rival in the House, Richard Henry +Lee; and for the time those two great men became "the living and +active exponents of two adverse political systems in both state and +national questions."[348] In 1784, by which time the weakness of the +general government had become alarming, Patrick Henry was among the +foremost in Virginia to express alarm, and to propose the only +appropriate remedy. For example, on the assembling of the legislature, +in May of that year, he took pains to seek an early interview with two +of his prominent associates in the House of Delegates, Madison and +Jones, for the express purpose of devising with them some method of +giving greater strength to the Confederation. "I find him," wrote +Madison to Jefferson immediately after the interview, "strenuous for +invigorating the federal government, though without any precise +plan."[349] A more detailed account of the same interview was sent to +Jefferson by another correspondent. According to the latter, Patrick +Henry then declared that "he saw ruin inevitable, unless something was +done to give Congress a compulsory process on delinquent States;" that +"a bold example set by Virginia" in that direction "would have +influence on the other States;" and that "this conviction was his only +inducement for coming into the present Assembly." Whereupon, it was +then agreed between them that "Jones and Madison should sketch some +plan for giving greater power to the federal government; and Henry +promised to sustain it on the floor."[350] Finally, such was the +impression produced by Patrick Henry's political conduct during all +those years that, as late as in December, 1786, Madison could speak of +him as having "been hitherto the champion of the federal cause."[351] + +Not far, however, from the date last mentioned Patrick Henry ceased to +be "the champion of the federal cause," and became its chief +antagonist, and so remained until some time during Washington's first +term in the presidency. What brought about this sudden and total +revolution? It can be explained only by the discovery of some new +influence which came into his life between 1784 and 1786, and which +was powerful enough to reverse entirely the habitual direction of his +political thought and conduct. Just what that influence was can now +be easily shown. + +On the 3d of August, 1786, John Jay, as secretary for foreign affairs, +presented to Congress some results of his negotiations with the +Spanish envoy, Gardoqui, respecting a treaty with Spain; and he then +urged that Congress, in view of certain vast advantages to our foreign +commerce, should consent to surrender the navigation of the +Mississippi for twenty-five or thirty years,[352]--a proposal which, +very naturally, seemed to the six Southern States as nothing less than +a cool invitation to them to sacrifice their own most important +interests for the next quarter of a century, in order to build up +during that period the interests of the seven States of the North. The +revelation of this project, and of the ability of the Northern States +to force it through, sent a shock of alarm and of distrust into every +Southern community. Moreover, full details of these transactions in +Congress were promptly conveyed to Governor Henry by James Monroe, who +added this pungent item,--that a secret project was then under the +serious consideration of "committees" of Northern men, for a +dismemberment of the Union, and for setting the Southern States +adrift, after having thus bartered away from them the use of the +Mississippi.[353] + +On the same day that Monroe was writing from New York that letter to +Governor Henry, Madison was writing from Philadelphia a letter to +Jefferson. Having mentioned a plan for strengthening the +Confederation, Madison says:-- + + "Though my wishes are in favor of such an event, yet I + despair so much of its accomplishment at the present crisis, + that I do not extend my views beyond a commercial reform. To + speak the truth, I almost despair even of this. You will + find the cause in a measure now before Congress, ... a + proposed treaty with Spain, one article of which shuts the + Mississippi for twenty or thirty years. Passing by the other + Southern States, figure to yourself the effect of such a + stipulation on the Assembly of Virginia, already jealous of + Northern politics, and which will be composed of thirty + members from the Western waters,--of a majority of others + attached to the Western country from interests of their own, + of their friends, or their constituents.... Figure to + yourself its effect on the people at large on the Western + waters, who are impatiently waiting for a favorable result + to the negotiation with Gardoqui, and who will consider + themselves sold by their Atlantic brethren. Will it be an + unnatural consequence if they consider themselves absolved + from every federal tie, and court some protection for their + betrayed rights?"[354] + +How truly Madison predicted the fatal construction which in the South, +and particularly in Virginia, would be put upon the proposed surrender +of the Mississippi, may be seen by a glance at some of the resolutions +which passed the Virginia House of Delegates on the 29th of the +following November:-- + + "That the common right of navigating the river Mississippi, + and of communicating with other nations through that + channel, ought to be considered as the bountiful gift of + nature to the United States, as proprietors of the + territories watered by the said river and its eastern + branches, and as moreover secured to them by the late + revolution. + + "That the Confederacy, having been formed on the broad basis + of equal rights, in every part thereof, to the protection + and guardianship of the whole, a sacrifice of the rights of + any one part, to the supposed or real interest of another + part, would be a flagrant violation of justice, a direct + contravention of the end for which the federal government + was instituted, and an alarming innovation in the system of + the Union."[355] + +One day after the passage of those resolutions, Patrick Henry ceased +to be the governor of Virginia; and five days afterward he was chosen +by Virginia as one of its seven delegates to a convention to be held +at Philadelphia in the following May for the purpose of revising the +federal Constitution. But amid the widespread excitement, amid the +anger and the suspicion then prevailing as to the liability of the +Southern States, even under a weak confederation, to be slaughtered, +in all their most important concerns, by the superior weight and +number of the Northern States, it is easy to see how little inclined +many Southern statesmen would be to increase that liability by making +this weak confederation a strong one. In the list of such Southern +statesmen Patrick Henry must henceforth be reckoned; and, as it was +never his nature to do anything tepidly or by halves, his hostility +to the project for strengthening the Confederation soon became as hot +as it was comprehensive. On the 7th of December, only three days after +he was chosen as a delegate to the Philadelphia convention, Madison, +then at Richmond, wrote concerning him thus anxiously to Washington:-- + + "I am entirely convinced from what I observe here, that + unless the project of Congress can be reversed, the hopes of + carrying this State into a proper federal system will be + demolished. Many of our most federal leading men are + extremely soured with what has already passed. Mr. Henry, + who has been hitherto the champion of the federal cause, has + become a cold advocate, and, in the event of an actual + sacrifice of the Mississippi by Congress, will + unquestionably go over to the opposite side."[356] + +But in spite of this change in his attitude toward the federal cause, +perhaps he would still go to the great convention. On that subject he +appears to have kept his own counsel for several weeks; but by the 1st +of March, 1787, Edmund Randolph, at Richmond, was able to send this +word to Madison, who was back in his place in Congress: "Mr. Henry +peremptorily refuses to go;" and Randolph mentions as Henry's reasons +for this refusal, not only his urgent professional duties, but his +repugnance to the proceedings of Congress in the matter of the +Mississippi.[357] Five days later, from the same city, John Marshall +wrote to Arthur Lee: "Mr. Henry, whose opinions have their usual +influence, has been heard to say that he would rather part with the +Confederation than relinquish the navigation of the Mississippi."[358] +On the 18th of the same month, in a letter to Washington, Madison +poured out his solicitude respecting the course which Henry was going +to take: "I hear from Richmond, with much concern, that Mr. Henry has +positively declined his mission to Philadelphia. Besides the loss of +his services on that theatre, there is danger, I fear, that this step +has proceeded from a wish to leave his conduct unfettered on another +theatre, where the result of the convention will receive its destiny +from his omnipotence."[359] On the next day, Madison sent off to +Jefferson, who was then in Paris, an account of the situation: "But +although it appears that the intended sacrifice of the Mississippi +will not be made, the consequences of the intention and the attempt +are likely to be very serious. I have already made known to you the +light in which the subject was taken up by Virginia. Mr. Henry's +disgust exceeds all measure, and I am not singular in ascribing his +refusal to attend the convention, to the policy of keeping himself +free to combat or espouse the result of it according to the result of +the Mississippi business, among other circumstances."[360] + +Finally, on the 25th of March Madison wrote to Randolph, evidently in +reply to the information given by the latter on the 1st of the month: +"The refusal of Mr. Henry to join in the task of revising the +Confederation is ominous; and the more so, I fear, if he means to be +governed by the event which you conjecture."[361] + +That Patrick Henry did not attend the great convention, everybody +knows; but the whole meaning of his refusal to do so, everybody may +now understand somewhat more clearly, perhaps, than before. + + +FOOTNOTES: + +[341] MS. + +[342] MS. + +[343] Hening, xi. 525-526. + +[344] MS. + +[345] Sparks, _Corr. Rev._ iv. 93-96. See, also, Washington's letter +to Henry, for Nov. 30, 1785, in _Writings of W._ xii. 277-278. + +[346] _Jour. Va. House Del._ for Nov. 25, 1786. + +[347] For example, Curtis, _Hist. Const._ ii. 553-554. + +[348] Rives, _Life of Madison_, i. 536-537. + +[349] Madison, _Letters_, etc. i. 80. + +[350] Bancroft, _Hist. Const._ i. 162. + +[351] Madison, _Letters_, etc. i. 264. + +[352] _Secret Jour. Cong._ iv. 44-63. + +[353] Rives, _Life of Madison_, ii. 122. + +[354] Rives, _Life of Madison_, ii. 119-120. + +[355] _Jour. Va. House Del._ 66-67. + +[356] Madison, _Letters_, etc. i. 264. + +[357] Rives, _Life of Madison_, ii. 238-239. + +[358] R. H. Lee, _Life of A. Lee_, ii. 321. + +[359] Sparks, _Corr. Rev._ iv. 168. + +[360] _Madison Papers_, ii. 623. + +[361] _Madison Papers_, 627. + + + + +CHAPTER XVIII + +THE BATTLE IN VIRGINIA OVER THE NEW CONSTITUTION + + +The great convention at Philadelphia, after a session of four months, +came to the end of its noble labors on the 17th of September, 1787. +Washington, who had been not merely its presiding officer but its +presiding genius, then hastened back to Mt. Vernon, and, in his great +anxiety to win over to the new Constitution the support of his old +friend Patrick Henry, he immediately dispatched to him a copy of that +instrument, accompanied by a very impressive and conciliatory +letter,[362] to which, about three weeks afterwards, was returned the +following reply:-- + + RICHMOND, October 19, 1787. + + DEAR SIR,--I was honored by the receipt of your favor, + together with a copy of the proposed federal Constitution, a + few days ago, for which I beg you to accept my thanks. They + are also due to you from me as a citizen, on account of the + great fatigue necessarily attending the arduous business of + the late convention. + + I have to lament that I cannot bring my mind to accord with + the proposed Constitution. The concern I feel on this + account is really greater than I am able to express. Perhaps + mature reflections may furnish me with reasons to change my + present sentiments into a conformity with the opinions of + those personages for whom I have the highest reverence. Be + that as it may, I beg you will be persuaded of the + unalterable regard and attachment with which I shall be, + + Dear Sir, your obliged and very humble servant, + + P. HENRY.[363] + +Four days before the date of this letter the legislature of Virginia +had convened at Richmond for its autumn session, and Patrick Henry had +there taken his usual place on the most important committees, and as +the virtual director of the thought and work of the House. Much +solicitude was felt concerning the course which he might advise the +legislature to adopt on the supreme question then before the +country,--some persons even fearing that he might try to defeat the +new Constitution in Virginia by simply preventing the call of a state +convention. Great was Washington's satisfaction on receiving from one +of his correspondents in the Assembly, shortly after the session +began, this cheerful report:-- + + "I have not met with one in all my inquiries (and I have + made them with great diligence) opposed to it, except Mr. + Henry, who I have heard is so, but could only conjecture it + from a conversation with him on the subject.... The + transmissory note of Congress was before us to-day, when + Mr. Henry declared that it transcended our powers to decide + on the Constitution, and that it must go before a + convention. As it was insinuated he would aim at preventing + this, much pleasure was discovered at the declaration."[364] + +On the 24th of October, from his place in Congress, Madison sent over +to Jefferson, in Paris, a full account of the results of the +Philadelphia convention, and of the public feeling with reference to +its work: "My information from Virginia is as yet extremely +imperfect.... The part which Mr. Henry will take is unknown here. Much +will depend on it. I had taken it for granted, from a variety of +circumstances, that he would be in the opposition, and still think +that will be the case. There are reports, however, which favor a +contrary supposition."[365] But, by the 9th of December, Madison was +able to send to Jefferson a further report, which indicated that all +doubt respecting the hostile attitude of Patrick Henry was then +removed. After mentioning that a majority of the people of Virginia +seemed to be in favor of the Constitution, he added: "What change may +be produced by the united influence and exertions of Mr. Henry, Mr. +Mason, and the governor, with some pretty able auxiliaries, is +uncertain.... Mr. Henry is the great adversary who will render the +event precarious. He is, I find, with his usual address, working up +every possible interest into a spirit of opposition."[366] + +Long before the date last mentioned, the legislature had regularly +declared for a state convention, to be held at Richmond on the first +Monday in June, 1788, then and there to determine whether or not +Virginia would accept the new Constitution. In view of that event, +delegates were in the mean time to be chosen by the people; and thus, +for the intervening months, the fight was to be transferred to the +arena of popular debate. In such a contest Patrick Henry, being once +aroused, was not likely to take a languid or a hesitating part; and of +the importance then attached to the part which he did take, we catch +frequent glimpses in the correspondence of the period. Thus, on the +19th of February, 1788, Madison, still at New York, sent this word to +Jefferson: "The temper of Virginia, as far as I can learn, has +undergone but little change of late. At first, there was an enthusiasm +for the Constitution. The tide next took a sudden and strong turn in +the opposite direction. The influence and exertions of Mr. Henry, +Colonel Mason, and some others, will account for this.... I am told +that a very bold language is held by Mr. Henry and some of his +partisans."[367] On the 10th of April, Madison, then returned to his +home in Virginia, wrote to Edmund Randolph: "The declaration of Henry, +mentioned in your letter, is a proof to me that desperate measures +will be his game."[368] On the 22d of the same month Madison wrote to +Jefferson: "The adversaries take very different grounds of opposition. +Some are opposed to the substance of the plan; others, to particular +modifications only. Mr. Henry is supposed to aim at disunion."[369] On +the 24th of April, Edward Carrington, writing from New York, told +Jefferson: "Mr. H. does not openly declare for a dismemberment of the +Union, but his arguments in support of his opposition to the +Constitution go directly to that issue. He says that three +confederacies would be practicable, and better suited to the good of +commerce than one."[370] On the 28th of April, Washington wrote to +Lafayette on account of the struggle then going forward; and after +naming some of the leading champions of the Constitution, he adds +sorrowfully: "Henry and Mason are its great adversaries."[371] +Finally, as late as on the 12th of June, the Rev. John Blair Smith, at +that time president of Hampden-Sidney College, conveyed to Madison, an +old college friend, his own deep disapproval of the course which had +been pursued by Patrick Henry in the management of the canvass against +the Constitution:-- + + "Before the Constitution appeared, the minds of the people + were artfully prepared against it; so that all opposition + [to Mr. Henry] at the election of delegates to consider it, + was in vain. That gentleman has descended to lower artifices + and management on the occasion than I thought him capable + of.... If Mr. Innes has shown you a speech of Mr. Henry to + his constituents, which I sent him, you will see something + of the method he has taken to diffuse his poison.... It + grieves me to see such great natural talents abused to such + purposes."[372] + +On Monday, the 2d of June, 1788, the long-expected convention +assembled at Richmond. So great was the public interest in the event +that a full delegation was present, even on the first day; and in +order to make room for the throngs of citizens from all parts of +Virginia and from other States, who had flocked thither to witness the +impending battle, it was decided that the convention should hold its +meetings in the New Academy, on Shockoe Hill, the largest +assembly-room in the city. + +Eight States had already adopted the Constitution. The five States +which had yet to act upon the question were New Hampshire, Rhode +Island, New York, North Carolina, and Virginia. For every reason, the +course then to be taken by Virginia would have great consequences. +Moreover, since the days of the struggle over independence, no +question had so profoundly moved the people of Virginia; none had +aroused such hopes and such fears; none had so absorbed the thoughts, +or so embittered the relations of men. It is not strange, therefore, +that this convention, consisting of one hundred and seventy members, +should have been thought to represent, to an unusual degree, the +intelligence, the character, the experience, the reputation of the +State. Perhaps it would be true to say that, excepting Washington, +Jefferson, and Richard Henry Lee, no Virginian of eminence was absent +from it. + +Furthermore, the line of division, which from the outset parted into +two hostile sections these one hundred and seventy Virginians, was +something quite unparalleled. In other States it had been noted that +the conservative classes, the men of education and of property, of +high office, of high social and professional standing, were nearly all +on the side of the new Constitution. Such was not the case in +Virginia. Of the conservative classes throughout that State, quite as +many were against the new Constitution as were in favor of it. Of the +four distinguished citizens who had been its governors, since Virginia +had assumed the right to elect governors,--Patrick Henry, Jefferson, +Nelson, and Harrison,--each in turn had denounced the measure as +unsatisfactory and dangerous; while Edmund Randolph, the governor then +in office, having attended the great convention at Philadelphia, and +having there refused to sign the Constitution, had published an +impressive statement of his objections to it, and, for several months +thereafter, had been counted among its most formidable opponents. +Concerning the attitude of the legal profession,--a profession always +inclined to conservatism,--Madison had written to Jefferson: "The +general and admiralty courts, with most of the bar, oppose the +Constitution."[373] Finally, among Virginians who were at that time +particularly honored and trusted for patriotic services during the +Revolution, such men as these, Theodoric Bland, William Grayson, John +Tyler, Meriwether Smith, James Monroe, George Mason, and Richard Henry +Lee, had declared their disapproval of the document. + +Nevertheless, within the convention itself, at the opening of the +session, it was claimed by the friends of the new government that they +then outnumbered their opponents by at least fifty votes.[374] Their +great champion in debate was James Madison, who was powerfully +assisted, first or last, by Edmund Pendleton, John Marshall, George +Nicholas, Francis Corbin, George Wythe, James Innes, General Henry +Lee, and especially by that same Governor Randolph who, after +denouncing the Constitution for "features so odious" that he could not +"agree to it,"[375] had finally swung completely around to its +support. + +Against all this array of genius, learning, character, logical acumen, +and eloquence, Patrick Henry held the field as protagonist for +twenty-three days,--his chief lieutenants in the fight being Mason, +Grayson, and John Dawson, with occasional help from Harrison, Monroe, +and Tyler. Upon him alone fell the brunt of the battle. Out of the +twenty-three days of that splendid tourney, there were but five days +in which he did not take the floor. On each of several days he made +three speeches; on one day he made five speeches; on another day +eight. In one speech alone, he was on his legs for seven hours. The +words of all who had any share in that debate were taken down, +according to the imperfect art of the time, by the stenographer, David +Robertson, whose reports, however, are said to be little more than a +pretty full outline of the speeches actually made: but in the volume +which contains these abstracts, one of Patrick Henry's speeches fills +eight pages, another ten pages, another sixteen, another twenty-one, +another forty; while, in the aggregate, his speeches constitute nearly +one quarter of the entire book,--a book of six hundred and sixty-three +pages.[376] + +Any one who has fallen under the impression, so industriously +propagated by the ingenious enmity of Jefferson's old age, that +Patrick Henry was a man of but meagre information and of extremely +slender intellectual resources, ignorant especially of law, of +political science, and of history, totally lacking in logical power +and in precision of statement, with nothing to offset these +deficiencies excepting a strange gift of overpowering, dithyrambic +eloquence, will find it hard, as he turns over the leaves on which are +recorded the debates of the Virginia convention, to understand just +how such a person could have made the speeches which are there +attributed to Patrick Henry, or how a mere rhapsodist could have thus +held his ground, in close hand-to-hand combat, for twenty-three days, +against such antagonists, on all the difficult subjects of law, +political science, and history involved in the Constitution of the +United States,--while showing at the same time every quality of good +generalship as a tactician and as a party leader. "There has been, I +am aware," says an eminent historian of the Constitution, "a modern +scepticism concerning Patrick Henry's abilities; but I cannot share +it.... The manner in which he carried on the opposition to the +Constitution in the convention of Virginia, for nearly a whole month, +shows that he possessed other powers besides those of great natural +eloquence."[377] + +But, now, what were Patrick Henry's objections to the new +Constitution? + +First of all, let it be noted that his objections did not spring from +any hostility to the union of the thirteen States, or from any +preference for a separate union of the Southern States. Undoubtedly +there had been a time, especially under the provocations connected +with the Mississippi business, when he and many other Southern +statesmen sincerely thought that there might be no security for their +interests even under the Confederation, and that this lack of security +would be even more glaring and disastrous under the new Constitution. +Such, for example, seems to have been the opinion of Governor Benjamin +Harrison, as late as October the 4th, 1787, on which date he thus +wrote to Washington: "I cannot divest myself of an opinion that ... if +the Constitution is carried into effect, the States south of the +Potomac will be little more than appendages to those to the northward +of it."[378] It is very probable that this sentence accurately +reflects, likewise, Patrick Henry's mood of thought at that time. +Nevertheless, whatever may have been his thought under the sectional +suspicions and alarms of the preceding months, it is certain that, at +the date of the Virginia convention, he had come to see that the +thirteen States must, by all means, try to keep together. "I am +persuaded," said he, in reply to Randolph, "of what the honorable +gentleman says, 'that separate confederacies will ruin us.'" "Sir," he +exclaimed on another occasion, "the dissolution of the Union is most +abhorrent to my mind. The first thing I have at heart is American +liberty; the second thing is American union." Again he protested: "I +mean not to breathe the spirit, nor utter the language, of +secession."[379] + +In the second place, he admitted that there were great defects in the +old Confederation, and that those defects ought to be cured by proper +amendments, particularly in the direction of greater strength to the +federal government. But did the proposed Constitution embody such +amendments? On the contrary, that Constitution, instead of properly +amending the old Confederation, simply annihilated it, and replaced +it by something radically different and radically dangerous. + + "The federal convention ought to have amended the old + system; for this purpose they were solely delegated; the + object of their mission extended to no other consideration." + "The distinction between a national government and a + confederacy is not sufficiently discerned. Had the delegates + who were sent to Philadelphia a power to propose a + consolidated government, instead of a confederacy?" "Here is + a resolution as radical as that which separated us from + Great Britain. It is radical in this transition; our rights + and privileges are endangered, and the sovereignty of the + States will be relinquished: and cannot we plainly see that + this is actually the case? The rights of conscience, trial + by jury, liberty of the press, all your immunities and + franchises, all pretensions to human rights and privileges, + are rendered insecure, if not lost, by this change, so + loudly talked of by some, so inconsiderately by others." "A + number of characters, of the greatest eminence in this + country, object to this government for its consolidating + tendency. This is not imaginary. It is a formidable reality. + If consolidation proves to be as mischievous to this country + as it has been to other countries, what will the poor + inhabitants of this country do? This government will operate + like an ambuscade. It will destroy the state governments, + and swallow the liberties of the people, without giving + previous notice. If gentlemen are willing to run the hazard, + let them run it; but I shall exculpate myself by my + opposition and monitory warnings within these walls."[380] + +But, in the third place, besides transforming the old confederacy into +a centralized and densely consolidated government, and clothing that +government with enormous powers over States and over individuals, what +had this new Constitution provided for the protection of States and of +individuals? Almost nothing. It had created a new and a tremendous +power over us; it had failed to cover us with any shield, or to +interpose any barrier, by which, in case of need, we might save +ourselves from the wanton and fatal exercise of that power. In short, +the new Constitution had no bill of rights. But "a bill of rights," he +declared, is "indispensably necessary." + + "A general positive provision should be inserted in the new + system, securing to the States and the people every right + which was not conceded to the general government." "I trust + that gentlemen, on this occasion, will see the great objects + of religion, liberty of the press, trial by jury, + interdiction of cruel punishments, and every other sacred + right, secured, before they agree to that paper." "Mr. + Chairman, the necessity of a bill of rights appears to me to + be greater in this government than ever it was in any + government before. I have observed already that the sense of + European nations, and particularly Great Britain, is against + the construction of rights being retained which are not + expressly relinquished. I repeat, that all nations have + adopted the construction, that all rights not expressly and + unequivocally reserved to the people are impliedly and + incidentally relinquished to rulers, as necessarily + inseparable from delegated powers.... Let us consider the + sentiments which have been entertained by the people of + America on this subject. At the Revolution, it must be + admitted that it was their sense to set down those great + rights which ought, in all countries, to be held inviolable + and sacred. Virginia did so, we all remember. She made a + compact to reserve, expressly, certain rights.... She most + cautiously and guardedly reserved and secured those + invaluable, inestimable rights and privileges which no + people, inspired with the least glow of patriotic liberty, + ever did, or ever can, abandon. She is called upon now to + abandon them, and dissolve that compact which secured them + to her.... Will she do it? This is the question. If you + intend to reserve your unalienable rights, you must have the + most express stipulation; for, if implication be allowed, + you are ousted of those rights. If the people do not think + it necessary to reserve them, they will be supposed to be + given up.... If you give up these powers, without a bill of + rights, you will exhibit the most absurd thing to mankind + that ever the world saw,--a government that has abandoned + all its powers,--the powers of direct taxation, the sword, + and the purse. You have disposed of them to Congress, + without a bill of rights, without check, limitation, or + control. And still you have checks and guards; still you + keep barriers--pointed where? Pointed against your weakened, + prostrated, enervated, state government! You have a bill of + rights to defend you against the state government--which is + bereaved of all power, and yet you have none against + Congress--though in full and exclusive possession of all + power. You arm yourselves against the weak and defenceless, + and expose yourselves naked to the armed and powerful. Is + not this a conduct of unexampled absurdity?"[381] + +Again and again, in response to his demand for an express assertion, +in the instrument itself, of the rights of individuals and of States, +he was told that every one of those rights was secured, since it was +naturally and fairly implied. "Even say," he rejoined, "it is a +natural implication,--why not give us a right ... in express terms, in +language that could not admit of evasions or subterfuges? If they can +use implication for us, they can also use implication against us. We +are giving power; they are getting power; judge, then, on which side +the implication will be used." "Implication is dangerous, because it +is unbounded; if it be admitted at all, and no limits prescribed, it +admits of the utmost extension." "The existence of powers is +sufficiently established. If we trust our dearest rights to +implication, we shall be in a very unhappy situation."[382] + +Then, in addition to his objections to the general character of the +Constitution, namely, as a consolidated government, unrestrained by an +express guarantee of rights, he applied his criticisms in great +detail, and with merciless rigor, to each department of the proposed +government,--the legislative, the executive, and the judicial; and +with respect to each one of these he insisted that its intended +functions were such as to inspire distrust and alarm. Of course, we +cannot here follow this fierce critic of the Constitution into all the +detail of his criticisms; but, as a single example, we may cite a +portion of his assault upon the executive department,--an assault, as +will be seen, far better suited to the political apprehensions of his +own time than of ours:-- + + "The Constitution is said to have beautiful features; but + when I come to examine these features, sir, they appear to + me horribly frightful. Among other deformities, it has an + awful squinting; it squints towards monarchy. And does not + this raise indignation in the breast of every true American? + Your president may easily become king.... Where are your + checks in this government? Your strongholds will be in the + hands of your enemies. It is on a supposition that your + American governors shall be honest, that all the good + qualities of this government are founded; but its defective + and imperfect construction puts it in their power to + perpetrate the worst of mischiefs, should they be bad men. + And, sir, would not all the world, from the eastern to the + western hemispheres, blame our distracted folly in resting + our rights upon the contingency of our rulers being good or + bad? Show me that age and country where the rights and + liberties of the people were placed on the sole chance of + their rulers being good men, without a consequent loss of + liberty.... If your American chief be a man of ambition and + abilities, how easy is it for him to render himself + absolute! The army is in his hands; and if he be a man of + address, it will be attached to him, and it will be the + subject of long meditation with him to seize the first + auspicious moment to accomplish his design. And, sir, will + the American spirit solely relieve you when this happens? I + would rather infinitely--and I am sure most of this + convention are of the same opinion--have a king, lords, and + commons, than a government so replete with such + insupportable evils. If we make a king, we may prescribe the + rules by which he shall rule his people, and interpose such + checks as shall prevent him from infringing them; but the + president, in the field, at the head of his army, can + prescribe the terms on which he shall reign master, so far + that it will puzzle any American ever to get his neck from + under the galling yoke.... Will not the recollection of his + crimes teach him to make one bold push for the American + throne? Will not the immense difference between being master + of everything, and being ignominiously tried and punished, + powerfully excite him to make this bold push? But, sir, + where is the existing force to punish him? Can he not, at + the head of his army, beat down every opposition? Away with + your president! we shall have a king. The army will salute + him monarch. Your militia will leave you, and assist in + making him king, and fight against you. And what have you to + oppose this force? What will then become of you and your + rights? Will not absolute despotism ensue?"[383] + +Without reproducing here, in further detail, Patrick Henry's +objections to the new Constitution, it may now be stated that they all +sprang from a single idea, and all revolved about that idea, namely, +that the new plan of government, as it then stood, seriously +endangered the rights and liberties of the people of the several +States. And in holding this opinion he was not at all peculiar. Very +many of the ablest and noblest statesmen of the time shared it with +him. Not to name again his chief associates in Virginia, nor to cite +the language of such men as Burke and Rawlins Lowndes, of South +Carolina; as Timothy Bloodworth, of North Carolina; as Samuel Chase +and Luther Martin, of Maryland; as George Clinton, of New York; as +Samuel Adams, John Hancock, and Elbridge Gerry, of Massachusetts; as +Joshua Atherton, of New Hampshire, it may sufficiently put us into the +tone of contemporary opinion upon the subject, to recall certain grave +words of Jefferson, who, watching the whole scene from the calm +distance of Paris, thus wrote on the 2d of February, 1788, to an +American friend:-- + + "I own it astonishes me to find such a change wrought in the + opinions of our countrymen since I left them, as that three + fourths of them should be contented to live under a system + which leaves to their governors the power of taking from + them the trial by jury in civil cases, freedom of religion, + freedom of the press, freedom of commerce, the habeas corpus + laws, and of yoking them with a standing army. That is a + degeneracy in the principles of liberty, to which I had + given four centuries, instead of four years."[384] + +Holding such objections to the proposed Constitution, what were +Patrick Henry and his associates in the Virginia convention to do? +Were they to reject the measure outright? Admitting that it had some +good features, they yet thought that the best course to be taken by +Virginia would be to remit the whole subject to a new convention of +the States,--a convention which, being summoned after a year or more +of intense and universal discussion, would thus represent the later, +the more definite, and the more enlightened desires of the American +people. But despairing of this, Patrick Henry and his friends +concentrated all their forces upon this single and clear line of +policy: so to press their objections to the Constitution as to induce +the convention, not to reject it, but to postpone its adoption until +they could refer to the other States in the American confederacy the +following momentous proposition, namely, "a declaration of rights, +asserting, and securing from encroachment, the great principles of +civil and religious liberty, and the undeniable rights of the people, +together with amendments to the most exceptionable parts of the said +constitution of government."[385] + +Such, then, was the real question over which in that assemblage, from +the first day to the last, the battle raged. The result of the battle +was reached on Wednesday, the 25th of June; and that result was a +victory for immediate adoption, but by a majority of only ten votes, +instead of the fifty votes that were claimed for it at the beginning +of the session. Moreover, even that small majority for immediate +adoption was obtained only by the help, first, of a preamble solemnly +affirming it to be the understanding of Virginia in this act that it +retained every power not expressly granted to the general government; +and, secondly, of a subsidiary resolution promising to recommend to +Congress "whatsoever amendments may be deemed necessary." + +Just before the decisive question was put, Patrick Henry, knowing that +the result would be against him, and knowing, also, from the angry +things uttered within that House and outside of it, that much +solicitude was abroad respecting the course likely to be taken by the +defeated party, then and there spoke these noble words:-- + + "I beg pardon of this House for having taken up more time + than came to my share, and I thank them for the patience and + polite attention with which I have been heard. If I shall be + in the minority, I shall have those painful sensations which + arise from a conviction of being overpowered in a good + cause. Yet I will be a peaceable citizen. My head, my hand, + and my heart shall be at liberty to retrieve the loss of + liberty, and remove the defects of that system in a + constitutional way. I wish not to go to violence, but will + wait, with hopes that the spirit which predominated in the + Revolution is not yet gone, nor the cause of those who are + attached to the Revolution yet lost. I shall therefore + patiently wait in expectation of seeing that government + changed, so as to be compatible with the safety, liberty, + and happiness of the people."[386] + +Those words of the great Virginian leader proved to be a message of +reassurance to many an anxious citizen, in many a State,--not least +so to that great citizen who, from the slopes of Mount Vernon, was +then watching, night and day, for signs of some abatement in the storm +of civil discord. Those words, too, have, in our time, won for the +orator who spoke them the deliberate, and the almost lyrical, applause +of the greatest historian who has yet laid hand on the story of the +Constitution: "Henry showed his genial nature, free from all +malignity. He was like a billow of the ocean on the first bright day +after the storm, dashing itself against the rocky cliff, and then, +sparkling with light, retreating to its home."[387] + +Long after the practical effects of the Virginia convention of 1788 +had been merged in the general political life of the country, that +convention was still proudly remembered for the magnificent exertions +of intellectual power, and particularly of eloquence, which it had +called forth. So lately as the year 1857, there was still living a man +who, in his youth, had often looked in upon that famous convention, +and whose enthusiasm, in recalling its great scenes, was not to be +chilled even by the frosts of his ninety winters:-- + + "The impressions made by the powerful arguments of Madison + and the overwhelming eloquence of Henry can never fade from + my mind. I thought them almost supernatural. They seemed + raised up by Providence, each in his way, to produce great + results: the one by his grave, dignified, and irresistible + arguments to convince and enlighten mankind; the other, by + his brilliant and enrapturing eloquence to lead + whithersoever he would."[388] + +Those who had heard Patrick Henry on the other great occasions of his +career were ready to say that his eloquence in the convention of 1788 +was, upon the whole, fully equal to anything ever exhibited by him in +any other place. The official reports of his speeches in that +assemblage were always declared to be inferior in "strength and +beauty" to those actually made by him there.[389] "In forming an +estimate of his eloquence," says one gentleman who there heard him, +"no reliance can be placed on the printed speeches. No reporter +whatever could take down what he actually said; and if he could, it +would fall far short of the original."[390] + +In his arguments against the Constitution Patrick Henry confined +himself to no systematic order. The convention had indeed resolved +that the document should be discussed, clause by clause, in a regular +manner; but in spite of the complaints and reproaches of his +antagonists, he continually broke over all barriers, and delivered his +"multiform and protean attacks" in such order as suited the workings +of his own mind. + +In the course of that long and eager controversy, he had several +passages of sharp personal collision with his opponents, particularly +with Governor Randolph, whose vacillating course respecting the +Constitution had left him exposed to the most galling comments, and +who on one occasion, in his anguish, turned upon Patrick Henry with +the exclamation: "I find myself attacked in the most illiberal manner +by the honorable gentleman. I disdain his aspersions and his +insinuations. His asperity is warranted by no principle of +parliamentary decency, nor compatible with the least shadow of +friendship; and if our friendship must fall, let it fall, like +Lucifer, never to rise again."[391] Like all very eloquent men, he was +taunted, of course, for having more eloquence than logic; for "his +declamatory talents;" for his "vague discourses and mere sports of +fancy;" for discarding "solid argument;" and for "throwing those +bolts" which he had "so peculiar a dexterity at discharging."[392] On +one occasion, old General Adam Stephen tried to burlesque the orator's +manner of speech;[393] on another occasion, that same petulant warrior +bluntly told Patrick that if he did "not like this government," he +might "go and live among the Indians," and even offered to facilitate +the orator's self-expatriation among the savages: "I know of several +nations that live very happily; and I can furnish him with a +vocabulary of their language."[394] + +Knowing, as he did, every passion and prejudice of his audience, he +adopted, it appears, almost every conceivable method of appeal. "The +variety of arguments," writes one witness, "which Mr. Henry generally +presented in his speeches, addressed to the capacities, prejudices, +and individual interests of his hearers, made his speeches very +unequal. He rarely made in that convention a speech which Quintilian +would have approved. If he soared at times, like the eagle, and seemed +like the bird of Jove to be armed with thunder, he did not disdain to +stoop like the hawk to seize his prey,--but the instant that he had +done it, rose in pursuit of another quarry."[395] + +Perhaps the most wonderful example of his eloquence, if we may judge +by contemporary descriptions, was that connected with the famous scene +of the thunder-storm, on Tuesday, the 24th of June, only one day +before the decisive vote was taken. The orator, it seems, had gathered +up all his forces for what might prove to be his last appeal against +immediate adoption, and was portraying the disasters which the new +system of government, unless amended, was to bring upon his +countrymen, and upon all mankind: "I see the awful immensity of the +dangers with which it is pregnant. I see it. I feel it. I see beings +of a higher order anxious concerning our decision. When I see beyond +the horizon that bounds human eyes, and look at the final consummation +of all human things, and see those intelligent beings which inhabit +the ethereal mansions reviewing the political decisions and +revolutions which, in the progress of time, will happen in America, +and the consequent happiness or misery of mankind, I am led to believe +that much of the account, on one side or the other, will depend on +what we now decide. Our own happiness alone is not affected by the +event. All nations are interested in the determination. We have it in +our power to secure the happiness of one half of the human race. Its +adoption may involve the misery of the other hemisphere." Thus far the +stenographer had proceeded, when he suddenly stopped, and placed +within brackets the following note: "[Here a violent storm arose, +which put the House in such disorder, that Mr. Henry was obliged to +conclude.]"[396] But the scene which is thus quietly despatched by the +official reporter of the convention was again and again described, by +many who were witnesses of it, as something most sublime and even +appalling. After having delineated with overpowering vividness the +calamities which were likely to befall mankind from their adoption of +the proposed frame of government, the orator, it is said, as if +wielding an enchanter's wand, suddenly enlarged the arena of the +debate and the number of his auditors; for, peering beyond the veil +which shuts in mortal sight, and pointing "to those celestial beings +who were hovering over the scene," he addressed to them "an invocation +that made every nerve shudder with supernatural horror, when, lo! a +storm at that instant rose, which shook the whole building, and the +spirits whom he had called seemed to have come at his bidding. Nor did +his eloquence, or the storm, immediately cease; but availing himself +of the incident, with a master's art, he seemed to mix in the fight of +his ethereal auxiliaries, and, 'rising on the wings of the tempest, to +seize upon the artillery of heaven, and direct its fiercest thunders +against the heads of his adversaries.' The scene became insupportable; +and the House rose without the formality of adjournment, the members +rushing from their seats with precipitation and confusion."[397] + + +FOOTNOTES: + +[362] _Writings of Washington_, ix. 265-266. + +[363] MS. + +[364] _Writings of Washington_, ix. 273. + +[365] Madison, _Letters_, etc. i. 356. + +[366] _Ibid._ i. 364-365. + +[367] Madison, _Letters_, etc. i. 378. + +[368] _Ibid._ i. 387. + +[369] Madison, _Letters_, i. 388. + +[370] Bancroft, _Hist. Const._, ii. 465. + +[371] _Writings of Washington_, ix. 356. + +[372] Rives, _Life of Madison_, ii. 544, note. + +[373] Rives, _Life of Madison_, ii. 541. + +[374] _Hist. Mag._ for 1873, 274. + +[375] Elliot, _Debates_, i. 491; v. 502, 534-535. + +[376] Elliot, _Debates_, iii. + +[377] Curtis, _Hist. Const._ ii. 561, note. + +[378] _Writings of Washington_, ix. 266, note. + +[379] Elliot, _Debates_, iii. 161, 57, 63. + +[380] Elliot, _Debates_, iii. 23, 52, 44, 156. + +[381] Elliot, _Debates_, iii. 150, 462, 445-446. + +[382] Elliot, _Debates_, iii. 149-150. + +[383] Elliot, _Debates_, iii. 58-60. + +[384] Bancroft, _Hist. Const._ ii. 459-460. + +[385] Elliot, _Debates_, iii. 653. + +[386] Elliot, _Debates_, iii. 652. + +[387] Bancroft, _Hist. Const._ ii. 316-317. + +[388] Rives, _Life of Madison_, ii. 610. + +[389] Kennedy, _Life of Wirt_, i. 345. + +[390] Spencer Roane, MS. + +[391] Elliot, _Debates_, iii. 187. + +[392] _Ibid._ iii. 406, 104, 248, 177. + +[393] St. George Tucker, MS. + +[394] Elliot, _Debates_, iii. 580. + +[395] St. George Tucker, MS. + +[396] Elliot, _Debates_, iii. 625. + +[397] Wirt, 296-297. Also Spencer Roane, MS. + + + + +CHAPTER XIX + +THE AFTER-FIGHT FOR AMENDMENTS + + +Thus, on the question of adopting the new Constitution, the fight was +over; but on the question of amending that Constitution, now that it +had been adopted, the fight, of course, was only just begun. + +For how could this new Constitution be amended? A way was +provided,--but an extremely strait and narrow way. No amendment +whatsoever could become valid until it had been accepted by three +fourths of the States; and no amendment could be submitted to the +States for their consideration until it had first been approved, +either by two thirds of both houses of Congress, or else by a majority +of a convention specially called by Congress at the request of two +thirds of the States. + +Clearly, the framers of the Constitution intended that the supreme law +of the land, when once agreed to, should have within it a principle of +fixedness almost invincible. At any rate, the process by which alone +alterations can be made, involves so wide an area of territory, so +many distinct groups of population, and is withal, in itself, so +manifold and complex, so slow, and so liable to entire stoppage, that +any proposition looking toward change must inevitably perish long +before reaching the far-away goal of final endorsement, unless that +proposition be really impelled by a public demand not only very +energetic and persistent, but well-nigh universal. Indeed, the +constitutional provision for amendments seemed, at that time, to many, +to be almost a constitutional prohibition of amendments. + +It was, in part, for this very reason that Patrick Henry had urged +that those amendments of the Constitution which, in his opinion, were +absolutely necessary, should be secured before its adoption, and not +be left to the doubtful chance of their being obtained afterward, as +the result of a process ingeniously contrived, as it were, to prevent +their being obtained at all. But at the close of that June day on +which he and his seventy-eight associates walked away from the +convention wherein, on this very proposition, they had just been voted +down, how did the case stand? The Constitution, now become the supreme +law of the land, was a Constitution which, unless amended, would, as +they sincerely believed, effect the political ruin of the American +people. As good citizens, as good men, what was left for them to do? +They had fought hard to get the Constitution amended before adoption. +They had failed. They must now fight hard to get it amended after +adoption. Disastrous would it be, to assume that the needed amendments +would now be carried at any rate. True, the Virginia convention, like +the conventions of several other States, had voted to recommend +amendments. But the hostility to amendments, as Patrick Henry +believed, was too deeply rooted to yield to mere recommendations. The +necessary amendments would not find their way through all the hoppers +and tubes and valves of the enormous mill erected within the +Constitution, unless forced onward by popular agitation,--and by +popular agitation widespread, determined, vehement, even alarming. The +powerful enemies of amendments must be convinced that, until +amendments were carried through that mill, there would be no true +peace or content among the surrounding inhabitants. + +This gives us the clew to the policy steadily and firmly pursued by +Patrick Henry as a party leader, from June, 1788, until after the +ratification of the first ten amendments, on the 15th of December, +1791. It was simply a strategic policy dictated by his honest view of +the situation; a bold, manly, patriotic policy; a policy, however, +which was greatly misunderstood, and grossly misrepresented, at the +time; a policy, too, which grieved the heart of Washington, and for +several years raised between him and his ancient friend the one cloud +of distrust that ever cast a shadow upon their intercourse. + +In fact, at the very opening of the Virginia convention, and in view +of the possible defeat of his demand for amendments, Patrick Henry had +formed a clear outline of this policy, even to the extent of +organizing throughout the State local societies for stirring up, and +for keeping up, the needed agitation. All this is made evident by an +important letter written by him to General John Lamb of New York, and +dated at Richmond, June 9, 1788,--when the convention had been in +session just one week. In this letter, after some preliminary words, +he says:-- + + It is matter of great consolation to find that the + sentiments of a vast majority of Virginians are in unison + with those of our Northern friends. I am satisfied four + fifths of our inhabitants are opposed to the new scheme of + government. Indeed, in the part of this country lying south + of James River, I am confident, nine tenths are opposed to + it. And yet, strange as it may seem, the numbers in + convention appear equal on both sides: so that the majority, + which way soever it goes, will be small. The friends and + seekers of power have, with their usual subtilty, wriggled + themselves into the choice of the people, by assuming shapes + as various as the faces of the men they address on such + occasions. + + If they shall carry their point, and preclude previous + amendments, which we have ready to offer, it will become + highly necessary to form the society you mention. Indeed, it + appears the only chance for securing a remnant of those + invaluable rights which are yielded by the new plan. Colonel + George Mason has agreed to act as chairman of our republican + society. His character I need not describe. He is every way + fit; and we have concluded to send you by Colonel Oswald a + copy of the Bill of Rights, and of the particular amendments + we intend to propose in our convention. The fate of them is + altogether uncertain; but of that you will be informed. To + assimilate our views on this great subject is of the last + moment; and our opponents expect much from our dissension. + As we see the danger, I think it is easily avoided. + + I can assure you that North Carolina is more decidedly + opposed to the new government than Virginia. The people + there seem rife for hazarding all, before they submit. + Perhaps the organization of our system may be so contrived + as to include lesser associations dispersed throughout the + State. This will remedy in some degree the inconvenience + arising from our dispersed situation. Colonel Oswald's short + stay here prevents my saying as much on the subject as I + could otherwise have done. And after assuring you of my + ardent wishes for the happiness of our common country, and + the best interests of humanity, I beg leave to subscribe + myself, with great respect and regard, + + Sir, your obedient, humble servant, + P. HENRY.[398] + +On the 27th of June, within a few hours, very likely, after the final +adjournment of the convention, Madison hastened to report to +Washington the great and exhilarating result, but with this anxious +and really unjust surmise respecting the course then to be pursued by +Patrick Henry:-- + + "Mr. H----y declared, previous to the final question, that + although he should submit as a quiet citizen, he should + seize the first moment that offered for shaking off the yoke + in a constitutional way. I suspect the plan will be to + encourage two thirds of the legislatures in the task of + undoing the work; or to get a Congress appointed in the + first instance that will commit suicide on their own + authority."[399] + +At the same sitting, probably, Madison sent off to Hamilton, at New +York, another report, in which his conjecture as to Patrick Henry's +intended policy is thus stated:-- + + "I am so uncharitable as to suspect that the ill-will to the + Constitution will produce every peaceable effort to disgrace + and destroy it. Mr. Henry declared ... that he should wait + with impatience for the favorable moment of regaining, in a + constitutional way, the lost liberties of his country."[400] + +Two days afterward, by which time, doubtless, Madison's letter had +reached Mount Vernon, Washington wrote to Benjamin Lincoln of +Massachusetts, respecting the result of the convention:-- + + "Our accounts from Richmond are that ... the final decision + exhibited a solemn scene, and that there is every reason to + expect a perfect acquiescence therein by the minority. Mr. + Henry, the great leader of it, has signified that, though he + can never be reconciled to the Constitution in its present + form, and shall give it every constitutional opposition in + his power, yet he will submit to it peaceably."[401] + +Thus, about the end of June, 1788, there came down upon the fierce +political strife in Virginia a lull, which lasted until the 20th of +October, at which time the legislature assembled for its autumnal +session. Meantime, however, the convention of New York had adopted the +Constitution, but after a most bitter fight, and by a majority of only +three votes, and only in consequence of the pledge that every possible +effort should be made to obtain speedily those great amendments that +were at last called for by a determined public demand. One of the +efforts contemplated by the New York convention took the form of a +circular letter to the governors of the several States, urging almost +pathetically that "effectual measures be immediately taken for calling +a convention" to propose those amendments which are necessary for +allaying "the apprehensions and discontents" then so prevalent.[402] + +This circular letter "rekindled," as Madison then wrote to Jefferson, +"an ardor among the opponents of the federal Constitution for an +immediate revision of it by another general convention, ... Mr. Henry +and his friends in Virginia enter with great zeal into the +scheme."[403] In a letter written by Washington, nearly a month before +the meeting of the legislature, it is plainly indicated that his mind +was then grievously burdened by the anxieties of the situation, and +that he was disposed to put the very worst construction upon the +expected conduct of Patrick Henry and his party in the approaching +session:-- + + "Their expedient will now probably be an attempt to procure + the election of so many of their own junto under the new + government, as, by the introduction of local and + embarrassing disputes, to impede or frustrate its + operation.... I assure you I am under painful apprehensions + from the single circumstance of Mr. H. having the whole game + to play in the Assembly of this State; and the effect it may + have in others should be counteracted if possible."[404] + +No sooner had the Assembly met, than Patrick Henry's ascendency became +apparent. His sway over that body was such that it was described as +"omnipotent." And by the time the session had been in progress not +quite a month, Washington informed Madison that "the accounts from +Richmond" were "very unpropitious to federal measures." "In one word," +he added, "it is said that the edicts of Mr. H. are enregistered with +less opposition in the Virginia Assembly than those of the grand +monarch by his parliaments. He has only to say, Let this be law, and +it is law."[405] Within ten days from the opening of the session, the +House showed its sensitive response to Patrick Henry's leadership by +adopting a series of resolutions, the chief purpose of which was to +ask Congress to call immediately a national convention for proposing +to the States the required amendments. In the debate on the subject, +he is said to have declared "that he should oppose every measure +tending to the organization of the government, unless accompanied with +measures for the amendment of the Constitution."[406] + +Some phrases in one of his resolutions were most offensive to those +members of the House who had "befriended the new Constitution," and +who, by implication at least, were held forth as "betrayers of the +dearest rights of the people." "If Mr. Henry pleases," so wrote a +correspondent of Washington, "he will carry the resolution in its +present terms, than which none, in my opinion, can be more +exceptionable or inflammatory; though, as he is sometimes kind and +condescending, he may perhaps be induced to alter it."[407] + +In accordance with these resolutions, a formal application to Congress +for a national convention was prepared by Patrick Henry, and adopted +by the House on the 14th of November. Every word of that document +deserves now to be read, as his own account of the spirit and purpose +of a measure then and since then so profoundly and so cruelly +misinterpreted:-- + + "The good people of this commonwealth, in convention + assembled, having ratified the Constitution submitted to + their consideration, this legislature has, in conformity to + that act, and the resolutions of the United States in + Congress assembled to them transmitted, thought proper to + make the arrangements that were _necessary_ for carrying it + into effect. Having thus shown themselves obedient to the + voice of their constituents, all America will find that, so + far as it depends on them, that plan of government will be + carried into immediate operation. + + "But the sense of the people of Virginia would be but in + part complied with, and but little regarded, if we went no + further. In the very moment of adoption, and coeval with the + ratification of the new plan of government, the general + voice of the convention of this State pointed to objects no + less interesting to the people we represent, and equally + entitled to your attention. At the same time that, from + motives of affection for our sister States, the convention + yielded their assent to the ratification, they gave the most + unequivocal proofs that they dreaded its operation under the + present form. + + "In acceding to a government under this impression, painful + must have been the prospect, had they not derived + consolation from a full expectation of its imperfections + being speedily amended. In this resource, therefore, they + placed their confidence,--a confidence that will continue to + support them whilst they have reason to believe they have + not calculated upon it in vain. + + "In making known to you the objections of the people of this + Commonwealth to the new plan of government, we deem it + unnecessary to enter into a particular detail of its + defects, which they consider as involving all the great and + unalienable rights of freemen: for their sense on this + subject, we refer you to the proceedings of their late + convention, and the sense of this General Assembly, as + expressed in their resolutions of the day of . + + "We think proper, however, to declare that in our opinion, + as those objections were not founded in speculative theory, + but deduced from principles which have been established by + the melancholy example of other nations, in different ages, + so they will never be removed until the cause itself shall + cease to exist. The sooner, therefore, the public + apprehensions are quieted, and the government is possessed + of the confidence of the people, the more salutary will be + its operations, and the longer its duration. + + "The cause of amendments we consider as a common cause; and + since concessions have been made from political motives, + which we conceive may endanger the republic, we trust that a + commendable zeal will be shown for obtaining those + provisions which, experience has taught us, are necessary to + secure from danger the unalienable rights of human nature. + + "The anxiety with which our countrymen press for the + accomplishment of this important end, will ill admit of + delay. The slow forms of congressional discussion and + recommendation, if indeed they should ever agree to any + change, would, we fear, be less certain of success. Happily + for their wishes, the Constitution hath presented an + alternative, by admitting the submission to a convention of + the States. To this, therefore, we resort, as the source + from whence they are to derive relief from their present + apprehensions. We do, therefore, in behalf of our + constituents, in the most earnest and solemn manner, make + this application to Congress, that a convention be + immediately called, of deputies from the several States, + with full power to take into their consideration the defects + of this Constitution, that have been suggested by the state + conventions, and report such amendments thereto, as they + shall find best suited to promote our common interests, and + secure to ourselves and our latest posterity the great and + unalienable rights of mankind."[408] + +Such was the purpose, such was the temper, of Virginia's appeal, +addressed to Congress, and written by Patrick Henry, on behalf of +immediate measures for curing the supposed defects of the +Constitution. Was it not likely that this appeal would be granted? One +grave doubt haunted the mind of Patrick Henry. If, in the elections +for senators and representatives then about to occur in the several +States, very great care was not taken, it might easily happen that a +majority of the members of Congress would be composed of men who would +obstruct, and perhaps entirely defeat, the desired amendments. With +the view of doing his part towards the prevention of such a result, he +determined that both the senators from Virginia, and as many as +possible of its representatives, should be persons who could be +trusted to help, and not to hinder, the great project. + +Accordingly, when the day came for the election of senators by the +Assembly of Virginia, he just stood up in his place and named "Richard +Henry Lee and William Grayson, Esquires," as the two men who ought to +be elected as senators; and, furthermore, he named James Madison as +the one man who ought not to be elected as senator. Whereupon the vote +was taken; "and after some time," as the journal expresses it, the +committee to examine the ballot-boxes "returned into the House, and +reported that they had ... found a majority of votes in favor of +Richard Henry Lee and William Grayson, Esquires."[409] On the 8th of +December, 1788, just one month afterward, Madison himself, in a letter +to Jefferson, thus alluded to the incident: "They made me a candidate +for the Senate, for which I had not allotted my pretensions. The +attempt was defeated by Mr. Henry, who is omnipotent in the present +legislature, and who added to the expedients common on such occasions +a public philippic against my federal principles."[410] + +Virginia's delegation in the Senate was thus made secure. How about +her delegation in the lower house? That, also, was an affair to be +sharply looked to. Above all things, James Madison, as the supposed +foe of amendments, was to be prevented, if possible, from winning an +election. Therefore the committee of the House of Delegates, which was +appointed for the very purpose, among other things, of dividing the +State into its ten congressional districts, so carved out those +districts as to promote the election of the friends of the good cause, +and especially to secure, as was hoped, the defeat of its great enemy. +Of this committee Patrick Henry was not a member; but as a majority of +its members were known to be his devoted followers, very naturally +upon him, at the time, was laid the burden of the blame for +practising this ignoble device in politics,--a device which, when +introduced into Massachusetts several years afterward, also by a +Revolutionary father, came to be christened with the satiric name of +"gerrymandering." Surely it was a rare bit of luck, in the case of +Patrick Henry, that the wits of Virginia did not anticipate the wits +of Massachusetts by describing this trick as "henrymandering;" and +that he thus narrowly escaped the ugly immortality of having his name +handed down from age to age in the coinage of a base word which should +designate a base thing,--one of the favorite, shabby manoeuvres of +less scrupulous American politicians.[411] + +Thus, however, within four weeks from the opening of the session, he +had succeeded in pressing through the legislature, in the exact form +he wished, all these measures for giving effect to Virginia's demand +upon Congress for amendments. This being accomplished, he withdrew +from the service of the House for the remainder of the session, +probably on account of the great urgency of his professional +engagements at that time. The journal of the House affords us no trace +of his presence there after the 18th of November; and although the +legislature continued in session until the 13th of December, its +business did not digress beyond local topics. To all these facts, +rather bitter allusion is made in a letter to the governor of New +Hampshire, written from Mount Vernon, on the 31st of January, 1789, by +the private secretary of Washington, Tobias Lear, who thus reflected, +no doubt, the mood of his chief:-- + + "Mr. Henry, the leader of the opposition in this State, + finding himself beaten off the ground by fair argument in + the state convention, and outnumbered upon the important + question, collected his whole strength, and pointed his + whole force against the government, in the Assembly. He here + met with but a feeble opposition.... He led on his almost + unresisted phalanx, and planted the standard of hostility + upon the very battlements of federalism. In plain English, + he ruled a majority of the Assembly; and his edicts were + registered by that body with less opposition than those of + the Grand Monarque have met with from his parliaments. He + chose the two senators.... He divided the State into + districts, ... taking care to arrange matters so as to have + the county, of which Mr. Madison is an inhabitant, thrown + into a district of which a majority were supposed to be + unfriendly to the government, and by that means exclude him + from the representative body in Congress. He wrote the + answer to Governor Clinton's letter, and likewise the + circular letter to the executives of the several States.... + And after he had settled everything relative to the + government wholly, I suppose, to his satisfaction, he + mounted his horse and rode home, leaving the little business + of the State to be done by anybody who chose to give + themselves the trouble of attending to it."[412] + +How great was the effect of these strategic measures, forced by +Patrick Henry through the legislature of Virginia in the autumn of +1788, was not apparent, of course, until after the organization of the +first Congress of the United States, in the spring of 1789. Not until +the 5th of May could time be found by that body for paying the least +attention to the subject of amendments. On that day Theodoric Bland, +from Virginia, presented to the House of Representatives the solemn +application of his State for a new convention; and, after some +discussion, this document was entered on the journals of the +House.[413] The subject was then dropped until the 8th of June, when +Madison, who had been elected to Congress in spite of Patrick Henry, +and who had good reason to know how dangerous it would be for Congress +to trifle with the popular demand for amendments, succeeded, against +much opposition, in getting the House to devote that day to a +preliminary discussion of the business. It was again laid aside for +nearly six weeks, and again got a slight hearing on the 21st of July. +On the 13th of August it was once more brought to the reluctant +attention of the House, and then proved the occasion of a debate which +lasted until the 24th of that month, when the House finished its work +on the subject, and sent up to the Senate seventeen articles of +amendment. Only twelve of these articles succeeded in passing the +Senate; and of these twelve, only ten received from the States that +approval which was necessary to their ratification. This was obtained +on the 15th of December, 1791. + +The course thus taken by Congress, in itself proposing amendments, was +not at the time pleasing to the chiefs of that party which, in the +several States, had been clamorous for amendments.[414] These men, +desiring more radical changes in the Constitution than could be expected +from Congress, had set their hearts on a new convention,--which, +undoubtedly, had it been called, would have reconstructed, from top to +bottom, the work done by the convention of 1787. Yet it should be +noticed that the ten amendments, thus obtained under the initiative of +Congress, embodied "nearly every material change suggested by +Virginia;"[415] and that it was distinctly due, in no small degree, to +the bitter and implacable urgency of the popular feeling in Virginia, +under the stimulus of Patrick Henry's leadership, that Congress was +induced by Madison to pay any attention to the subject. In the matter of +amendments, therefore, Patrick Henry and his party did not get all that +they demanded, nor in the way that they demanded; but even so much as +they did get, they would not then have got at all, had they not demanded +more, and demanded more, also, through the channel of a new convention, +the dread of which, it is evident, drove Madison and his brethren in +Congress into the prompt concession of amendments which they themselves +did not care for. Those amendments were really a tub to the whale; but +then that tub would not have been thrown overboard at all, had not the +whale been there, and very angry, and altogether too troublesome with +his foam-compelling tail, and with that huge head of his which could +batter as well as spout. + + +FOOTNOTES: + +[398] Leake, _Life of Gen. John Lamb_, 307-308. + +[399] Madison, _Letters_, etc. i. 402. + +[400] _Works of Hamilton_, i. 463. + +[401] _Writings of Washington_, ix. 392. + +[402] Elliot, _Debates_, ii. 414. + +[403] Madison, _Letters_, etc. i. 418. + +[404] _Writings of Washington_, ix. 433. + +[405] Bancroft, _Hist. Const._ ii. 483. + +[406] _Corr. Rev._ iv. 240-241. + +[407] _Ibid._ iv. 241. + +[408] _Jour. Va. House Del._ 42-43. + +[409] _Jour. Va. House Del._ 32. + +[410] Madison, _Letters_, etc., i. 443-444. + +[411] For contemporary allusions to this first example of +gerrymandering, see _Writings of Washington_, ix. 446-447; _Writings +of Jefferson_, ii. 574; Rives, _Life of Madison_, ii. 653-655; +Bancroft, _Hist. Const._ ii. 485. + +[412] Bancroft, _Hist. Const._ ii. 488-489. + +[413] Gales, _Debates_, i. 258-261. + +[414] Marshall, _Life of Washington_, v. 209-210; Story, _Const._ i. +211. + +[415] Howison, _Hist. Va._ ii. 333. + + + + +CHAPTER XX + +LAST LABORS AT THE BAR + + +The incidents embraced within the last three chapters cover the period +from 1786 to 1791, and have been thus narrated by themselves for the +purpose of exhibiting as distinctly as possible, and in unbroken +sequence, Patrick Henry's relations to each succeeding phase of that +immense national movement which produced the American Constitution, +with its first ten amendments. + +During those same fervid years, however, in which he was devoting, as +it might seem, every power of body and mind to his great labors as a +party leader, and as a critic and moulder of the new Constitution, he +had resumed, and he was sturdily carrying forward, most exacting +labors in the practice of the law. + +Late in the year 1786, as will be remembered, being then poor and in +debt, he declined another election to the governorship, and set +himself to the task of repairing his private fortunes, so sadly fallen +to decay under the noble neglect imposed by his long service of the +public. One of his kinsmen has left on record a pleasant anecdote to +the effect that the orator happened to mention at that time to a +friend how anxious he was under the great burden of his debts. "Go +back to the bar," said his friend; "your tongue will soon pay your +debts. If you will promise to go, I will give you a retaining fee on +the spot."[416] This course, in fact, he had already determined to +take; and thus at the age of fifty, at no time robust in health, and +at that time grown prematurely old under the storm and stress of all +those unquiet years, he again buckled on his professional armor, rusty +from long disuse, and pluckily began his life over again, in the hope +of making some provision for his own declining days, as well as for +the honor and welfare of his great brood of children and +grandchildren. To this task, accordingly, he then bent himself, with a +grim wilfulness that would not yield either to bodily weakness, or to +the attractions or the distractions of politics. It is delightful to +be permitted to add, that his energy was abundantly rewarded; and that +in exactly eight years thereafter, namely in 1794, he was able to +retire, in comfort and wealth, from all public and professional +employments of every sort. + +Of course the mere announcement, in 1786, that Patrick Henry was then +ready once more to receive clients, was enough to excite the attention +of all persons in Virginia who might have important interests in +litigation. His great renown throughout the country, his high personal +character, his overwhelming gifts in argument, his incomparable gifts +in persuasion, were such as to ensure an almost dominant advantage to +any cause which he should espouse before any tribunal. Confining +himself, therefore, to his function as an advocate, and taking only +such cases as were worth his attention, he was immediately called to +appear in the courts in all parts of the State. + +It is not necessary for us to try to follow this veteran and brilliant +advocate in his triumphal progress from one court-house to another, or +to give the detail of the innumerable causes in which he was engaged +during these last eight years of his practice at the bar. Of all the +causes, however, in which he ever took part as a lawyer, in any period +of his career, probably the most difficult and important, in a legal +aspect, was the one commonly referred to as that of the British debts, +argued by him in the Circuit Court of the United States at Richmond, +first in 1791, and again, in the same place, in 1793.[417] + +A glance at the origin of this famous cause will help us the better to +understand the significance of his relation to it. By the treaty with +Great Britain in 1783, British subjects were empowered "to recover +debts previously contracted to them by our citizens, notwithstanding a +payment of the debt into a state treasury had been made during the +war, under the authority of a state law of sequestration." According +to this provision a British subject, one William Jones, brought an +action of debt in the federal court at Richmond, against a citizen of +Virginia, Thomas Walker, on a bond dated May, 1772. The real question +was "whether payment of a debt due before the war of the Revolution, +from a citizen of Virginia to British subjects, into the loan office +of Virginia, pursuant to a law of that State, discharged the debtor." + +The case, as will readily be seen, involved many subtle and difficult +points of law, municipal, national, and international; and the defence +was contained in the following five pleas: (1.) That of payment, +generally; (2.) That of the Virginia act of sequestration, October 20, +1777; (3.) That of the Virginia act of forfeiture, May 3, 1779; (4.) +That of British violations of the treaty of 1783; (5.) That of the +necessary annulment of the debt, in consequence of the dissolution of +the co-allegiance of the two parties, on the declaration of +independence.[418] + +Some idea of the importance attached to the case may be inferred from +the assertion of Wirt, that "the whole power of the bar of Virginia +was embarked" in it; and that the "learning, argument, and eloquence" +exhibited in the discussion were such "as to have placed that bar, in +the estimation of the federal judges, ... above all others in the +United States."[419] Associated with Patrick Henry, for the defendant, +were John Marshall, Alexander Campbell, and James Innes. + +For several weeks before the trial of this cause in 1791, Patrick +Henry secluded himself from all other engagements, and settled down to +intense study in the retirement of his home in the country. A grandson +of the orator, Patrick Henry Fontaine, who was there as a student of +the law, relates that he himself was sent off on a journey of sixty +miles to procure a copy of Vattel's Law of Nations. From this and +other works of international law, the old lawyer "made many +quotations; and with the whole syllabus of notes and heads of +arguments, he filled a manuscript volume more than an inch thick, and +closely written; a book ... bound with leather, and convenient for +carrying in his pocket. He had in his yard ... an office, built at +some distance from his dwelling, and an avenue of fine black locusts +shaded a walk in front of it.... He usually walked and meditated, when +the weather permitted, in this shaded avenue.... For several days in +succession, before his departure to Richmond to attend the court," the +orator was seen "walking frequently in this avenue, with his note-book +in his hand, which he often opened and read; and from his gestures, +while promenading alone in the shade of the locusts," it was supposed +that he was committing his speech to memory.[420] According to another +account, so eager was his application to this labor that, in one stage +of it, "he shut himself up in his office for three days, during which +he did not see his family; his food was handed by a servant through +the office door."[421] Of all this preparation, not unworthy to be +called Demosthenic, the result was, if we may accept the opinion of +one eminent lawyer, that Patrick Henry "came forth, on this occasion, +a perfect master of every law, national and municipal, which touched +the subject of investigation in the most distant point."[422] + +It was on the 14th of November, 1791, that the cause came on to be +argued in the court-house at Richmond, before Judges Johnson and Blair +of the Supreme Court, and Judge Griffin of that district. The case of +the plaintiff was opened by Mr. Counsellor Baker, whose argument +lasted till the evening of that day. Patrick Henry was to begin his +argument in reply the next morning. + + "The legislature was then in session; but when eleven + o'clock, the hour for the meeting of the court, arrived, the + speaker found himself without a house to do business. All + his authority and that of his sergeant at arms were + unavailing to keep the members in their seats: every + consideration of public duty yielded to the anxiety which + they felt, in common with the rest of their fellow citizens, + to hear this great man on this truly great and extensively + interesting question. Accordingly, when the court was ready + to proceed to business, the court-room of the capitol, large + as it is, was insufficient to contain the vast concourse + that was pressing to enter it. The portico, and the area in + which the statue of Washington stands, were filled with a + disappointed crowd, who nevertheless maintained their stand + without. In the court-room itself, the judges, through + condescension to the public anxiety, relaxed the rigor of + respect which they were in the habit of exacting, and + permitted the vacant seats of the bench, and even the + windows behind it, to be occupied by the impatient + multitude. The noise and tumult occasioned by seeking a more + favorable station was at length hushed, and the profound + silence which reigned within the room gave notice to those + without that the orator had risen, or was on the point of + rising. Every eye in front of the bar was riveted upon him + with the most eager attention; and so still and deep was the + silence that every one might hear the throbbing of his own + heart. Mr. Henry, however, appeared wholly unconscious that + all this preparation was on his account, and rose with as + much simplicity and composure as if the occasion had been + one of ordinary occurrence.... It may give the reader some + idea of the amplitude of the argument, when he is told that + Mr. Henry was engaged three days successively in its + delivery; and some faint conception of the enchantment which + he threw over it, when he learns that although it turned + entirely on questions of law, yet the audience, mixed as it + was, seemed so far from being wearied, that they followed + him throughout with increased enjoyment. The room continued + full to the last; and such was 'the listening silence' with + which he was heard, that not a syllable that he uttered is + believed to have been lost. When he finally sat down, the + concourse rose, with a general murmur of admiration; the + scene resembled the breaking up and dispersion of a great + theatrical assembly, which had been enjoying, for the first + time, the exhibition of some new and splendid drama; the + speaker of the House of Delegates was at length able to + command a quorum for business; and every quarter of the + city, and at length every part of the State, was filled with + the echoes of Mr. Henry's eloquent speech."[423] + +In the spring of 1793 this cause was argued a second time, before the +same district judge, and, in addition, before Mr. Chief Justice Jay, +and Mr. Justice Iredell of the Supreme Court. On this occasion, +apparently, there was the same eagerness to hear Patrick Henry as +before,--an eagerness which was shared in by the two visiting judges, +as is indicated in part by a letter from Judge Iredell, who, on the +27th of May, thus wrote to his wife: "We began on the great British +causes the second day of the court, and are now in the midst of them. +The great Patrick Henry is to speak to-day."[424] Among the throng of +people who then poured into the court-room was John Randolph of +Roanoke, then a stripling of twenty years, who, having got a position +very close to the judges, was made aware of their conversation with +one another as the case proceeded. He describes the orator as not +expecting to speak at that time; "as old, very much wrapped up, and +resting his head on the bar." Meanwhile the chief justice, who, in +earlier days, had often heard Henry in the Continental Congress, told +Iredell that that feeble old gentleman in mufflers, with his head +bowed wearily down upon the bar, was "the greatest of orators." +"Iredell doubted it; and, becoming impatient to hear him, they +requested him to proceed with his argument, before he had intended to +speak.... As he arose, he began to complain that it was a hardship, +too great, to put the laboring oar into the hands of a decrepit old +man, trembling, with one foot in the grave, weak in his best days, and +far inferior to the able associate by him." Randolph then gives an +outline of his progress through the earlier and somewhat tentative +stages of his speech, comparing his movement to the exercise "of a +first-rate, four-mile race-horse, sometimes displaying his whole power +and speed for a few leaps, and then taking up again." "At last," +according to Randolph, the orator "got up to full speed; and took a +rapid view of what England had done, when she had been successful in +arms; and what would have been our fate, had we been unsuccessful. The +color began to come and go in the face of the chief justice; while +Iredell sat with his mouth and eyes stretched open, in perfect wonder. +Finally, Henry arrived at his utmost height and grandeur. He raised +his hands in one of his grand and solemn pauses.... There was a +tumultuous burst of applause; and Judge Iredell exclaimed, 'Gracious +God! he is an orator indeed!'"[425] It is said, also, by another +witness, that Henry happened that day to wear on his finger a diamond +ring; and that in the midst of the supreme splendor of his eloquence, +a distinguished English visitor who had been given a seat on the +bench, said with significant emphasis to one of the judges, "The +diamond is blazing!"[426] + +As examples of forensic eloquence, on a great subject, before a great +and a fit assemblage, his several speeches in the case of the British +debts were, according to all the testimony, of the highest order of +merit. What they were as examples of legal learning and of legal +argumentation, may be left for every lawyer to judge for himself, by +reading, if he so pleases, the copious extracts which have been +preserved from the stenographic reports of these speeches, as taken by +Robertson. Even from that point of view, they appear not to have +suffered by comparison with the efforts made, in that cause, on the +same side, by John Marshall himself. No inconsiderable portion of his +auditors were members of the bar; and those keen and competent critics +are said to have acknowledged themselves as impressed "not less by the +matter than the manner" of his speeches.[427] Moreover, though not +expressly mentioned, Patrick Henry's argument is pointedly referred to +in the high compliment pronounced by Judge Iredell, when giving his +opinion in this case:-- + + "The cause has been spoken to, at the bar, with a degree of + ability equal to any occasion.... I shall, as long as I + live, remember with pleasure and respect the arguments which + I have heard in this case. They have discovered an + ingenuity, a depth of investigation, and a power of + reasoning fully equal to anything I have ever witnessed; and + some of them have been adorned with a splendor of eloquence + surpassing what I have ever felt before. Fatigue has given + way under its influence, and the heart has been warmed, + while the understanding has been instructed."[428] + +It will be readily understood, however, that while Patrick Henry's +practice included important causes turning, like the one just +described, on propositions of law, and argued by him before the +highest tribunals, the larger part of the practice to be had in +Virginia at that time must have been in actions tried before juries, +in which his success was chiefly due to his amazing endowments of +sympathy, imagination, tact, and eloquence. The testimony of +contemporary witnesses respecting his power in this direction is most +abundant, and also most interesting; and, for obvious reasons, such +portions of it as are now to be reproduced should be given in the very +language of the persons who thus heard him, criticised him, and made +deliberate report concerning him. + +First of all, in the way of preliminary analysis of Henry's genius and +methods as an advocate before juries, may be cited a few sentences of +Wirt, who, indeed, never heard him, but who, being himself a very +gifted and a very ambitious advocate, eagerly collected and keenly +scanned the accounts of many who had heard him:-- + + "He adapted himself, without effort, to the character of the + cause; seized with the quickness of intuition its defensible + point, and never permitted the jury to lose sight of it. Sir + Joshua Reynolds has said of Titian, that, by a few strokes + of his pencil, he knew how to mark the image and character + of whatever object he attempted; and produced by this means + a truer representation than any of his predecessors, who + finished every hair. In like manner Mr. Henry, by a few + master-strokes upon the evidence, could in general stamp + upon the cause whatever image or character he pleased; and + convert it into tragedy or comedy, at his sovereign will, + and with a power which no efforts of his adversary could + counteract. He never wearied the jury by a dry and minute + analysis of the evidence; he did not expend his strength in + finishing the hairs; he produced all his high effect by + those rare master-touches, and by the resistless skill with + which, in a very few words, he could mould and color the + prominent facts of a cause to his purpose. He had wonderful + address, too, in leading off the minds of his hearers from + the contemplation of unfavorable points, if at any time they + were too stubborn to yield to his power of + transformation.... It required a mind of uncommon vigilance, + and most intractable temper, to resist this charm with which + he decoyed away his hearers; it demanded a rapidity of + penetration, which is rarely, if ever, to be found in the + jury-box, to detect the intellectual juggle by which he + spread his nets around them; it called for a stubbornness + and obduracy of soul which does not exist, to sit unmoved + under the pictures of horror or of pity which started from + his canvas. They might resolve, if they pleased, to decide + the cause against him, and to disregard everything which he + could urge in the defence of his client. But it was all in + vain. Some feint in an unexpected direction threw them off + their guard, and they were gone; some happy phrase, burning + from the soul; some image fresh from nature's mint, and + bearing her own beautiful and genuine impress, struck them + with delightful surprise, and melted them into conciliation; + and conciliation towards Mr. Henry was victory inevitable. + In short, he understood the human character so perfectly; + knew so well all its strength and all its weaknesses, + together with every path and by-way which winds around the + citadel of the best fortified heart and mind, that he never + failed to take them, either by stratagem or storm."[429] + +Still further, in the way of critical analysis, should be cited the +opinion of a distinguished student and master of eloquence, the Rev. +Archibald Alexander of Princeton, who, having more than once heard +Patrick Henry, wrote out, with a scholar's precision, the results of +his own keen study into the great advocate's success in subduing men, +and especially jurymen:-- + + "The power of Henry's eloquence was due, first, to the + greatness of his emotion and passion, accompanied with a + versatility which enabled him to assume at once any emotion + or passion which was suited to his ends. Not less + indispensable, secondly, was a matchless perfection of the + organs of expression, including the entire apparatus of + voice, intonation, pause, gesture, attitude, and + indescribable play of countenance. In no instance did he + ever indulge in an expression that was not instantly + recognized as nature itself; yet some of his penetrating and + subduing tones were absolutely peculiar, and as inimitable + as they were indescribable. These were felt by every hearer, + in all their force. His mightiest feelings were sometimes + indicated and communicated by a long pause, aided by an + eloquent aspect, and some significant use of his finger. The + sympathy between mind and mind is inexplicable. Where the + channels of communication are open, the faculty of revealing + inward passion great, and the expression of it sudden and + visible, the effects are extraordinary. Let these shocks of + influence be repeated again and again, and all other + opinions and ideas are for the moment absorbed or excluded; + the whole mind is brought into unison with that of the + speaker; and the spell-bound listener, till the cause + ceases, is under an entire fascination. Then perhaps the + charm ceases, upon reflection, and the infatuated hearer + resumes his ordinary state. + + "Patrick Henry, of course, owed much to his singular insight + into the feelings of the common mind. In great cases he + scanned his jury, and formed his mental estimate; on this + basis he founded his appeals to their predilections and + character. It is what other advocates do, in a lesser + degree. When he knew that there were conscientious or + religious men among the jury, he would most solemnly address + himself to their sense of right, and would adroitly bring in + scriptural citations. If this handle was not offered, he + would lay bare the sensibility of patriotism. Thus it was, + when he succeeded in rescuing the man who had deliberately + shot down a neighbor; who moreover lay under the odious + suspicion of being a Tory, and who was proved to have + refused supplies to a brigade of the American army."[430] + +Passing now from these general descriptions to particular instances, +we may properly request Dr. Alexander to remain somewhat longer in the +witness-stand, and to give us, in detail, some of his own +recollections of Patrick Henry. His testimony, accordingly, is in +these words:-- + + "From my earliest childhood I had been accustomed to hear of + the eloquence of Patrick Henry. On this subject there + existed but one opinion in the country. The power of his + eloquence was felt equally by the learned and the unlearned. + No man who ever heard him speak, on any important occasion, + could fail to admit his uncommon power over the minds of his + hearers.... Being then a young man, just entering on a + profession in which good speaking was very important, it was + natural for me to observe the oratory of celebrated men. I + was anxious to ascertain the true secret of their power; or + what it was which enabled them to sway the minds of hearers, + almost at their will. + + "In executing a mission from the synod of Virginia, in the + year 1794, I had to pass through the county of Prince + Edward, where Mr. Henry then resided. Understanding that he + was to appear before the circuit court, which met in that + county, in defence of three men charged with murder, I + determined to seize the opportunity of observing for myself + the eloquence of this extraordinary orator. It was with + some difficulty I obtained a seat in front of the bar, where + I could have a full view of the speaker, as well as hear him + distinctly. But I had to submit to a severe penance in + gratifying my curiosity; for the whole day was occupied with + the examination of witnesses, in which Mr. Henry was aided + by two other lawyers. In person, Mr. Henry was lean rather + than fleshy. He was rather above than below the common + height, but had a stoop in the shoulders which prevented him + from appearing as tall as he really was. In his moments of + animation, he had the habit of straightening his frame, and + adding to his apparent stature. He wore a brown wig, which + exhibited no indication of any great care in the dressing. + Over his shoulders he wore a brown camlet cloak. Under this + his clothing was black, something the worse for wear. The + expression of his countenance was that of solemnity and deep + earnestness. His mind appeared to be always absorbed in + what, for the time, occupied his attention. His forehead was + high and spacious, and the skin of his face more than + usually wrinkled for a man of fifty. His eyes were small and + deeply set in his head, but were of a bright blue color, and + twinkled much in their sockets. In short, Mr. Henry's + appearance had nothing very remarkable, as he sat at rest. + You might readily have taken him for a common planter, who + cared very little about his personal appearance. In his + manners he was uniformly respectful and courteous. Candles + were brought into the court-house, when the examination of + the witnesses closed; and the judges put it to the option of + the bar whether they would go on with the argument that + night or adjourn until the next day. Paul Carrington, + Junior, the attorney for the State, a man of large size, + and uncommon dignity of person and manner, and also an + accomplished lawyer, professed his willingness to proceed + immediately, while the testimony was fresh in the minds of + all. Now for the first time I heard Mr. Henry make anything + of a speech; and though it was short, it satisfied me of one + thing, which I had particularly desired to have decided: + namely, whether like a player he merely assumed the + appearance of feeling. His manner of addressing the court + was profoundly respectful. He would be willing to proceed + with the trial, 'but,' said he, 'my heart is so oppressed + with the weight of responsibility which rests upon me, + having the lives of three fellow citizens depending, + probably, on the exertions which I may be able to make in + their behalf (here he turned to the prisoners behind him), + that I do not feel able to proceed to-night. I hope the + court will indulge me, and postpone the trial till the + morning.' The impression made by these few words was such as + I assure myself no one can ever conceive by seeing them in + print. In the countenance, action, and intonation of the + speaker, there was expressed such an intensity of feeling, + that all my doubts were dispelled; never again did I + question whether Henry felt, or only acted a feeling. + Indeed, I experienced an instantaneous sympathy with him in + the emotions which he expressed; and I have no doubt the + same sympathy was felt by every hearer. + + "As a matter of course, the proceedings were deferred till + the next morning. I was early at my post; the judges were + soon on the bench, and the prisoners at the bar. Mr. + Carrington ... opened with a clear and dignified speech, and + presented the evidence to the jury. Everything seemed + perfectly plain. Two brothers and a brother-in-law met two + other persons in pursuit of a slave, supposed to be harbored + by the brothers. After some altercation and mutual abuse, + one of the brothers, whose name was John Ford, raised a + loaded gun which he was carrying, and presenting it at the + breast of one of the other pair, shot him dead, in open day. + There was no doubt about the fact. Indeed, it was not + denied. There had been no other provocation than opprobrious + words. It is presumed that the opinion of every juror was + made up from merely hearing the testimony; as Tom Harvey, + the principal witness, who was acting as constable on the + occasion, appeared to be a respectable man. For the clearer + understanding of what follows, it must be observed that said + constable, in order to distinguish him from another of the + name, was commonly called Butterwood Harvey, as he lived on + Butterwood Creek. Mr. Henry, it is believed, understanding + that the people were on their guard against his faculty of + moving the passions and through them influencing the + judgment, did not resort to the pathetic as much as was his + usual practice in criminal cases. His main object appeared + to be, throughout, to cast discredit on the testimony of Tom + Harvey. This he attempted by causing the law respecting + riots to be read by one of his assistants. It appeared in + evidence that Tom Harvey had taken upon him to act as + constable, without being in commission; and that with a + posse of men he had entered the house of one of the Fords in + search of the negro, and had put Mrs. Ford, in her husband's + absence, into a great terror, while she was in a very + delicate condition, near the time of her confinement. As he + descanted on the evidence, he would often turn to Tom + Harvey--a large, bold-looking man--and with the most + sarcastic look would call him by some name of contempt; + 'this Butterwood Tom Harvey,' 'this would-be constable,' + etc. By such expressions, his contempt for the man was + communicated to the hearers. I own I felt it gaining on me, + in spite of my better judgment; so that before he was done, + the impression was strong on my mind that Butterwood Harvey + was undeserving of the smallest credit. This impression, + however, I found I could counteract the moment I had time + for reflection. The only part of the speech in which he + manifested his power of touching the feelings strongly, was + where he dwelt on the irruption of the company into Ford's + house, in circumstances so perilous to the solitary wife. + This appeal to the sensibility of husbands--and he knew that + all the jury stood in this relation--was overwhelming. If + the verdict could have been rendered immediately after this + burst of the pathetic, every man, at least every husband, in + the house, would have been for rejecting Harvey's testimony, + if not for hanging him forthwith."[431] + +A very critical and cool-headed witness respecting Patrick Henry's +powers as an advocate was Judge Spencer Roane, who presided in one of +the courts in which the orator was much engaged after his return to +the bar in 1786:-- + + "When I saw him there," writes Judge Roane, "he must + necessarily have been very rusty; yet I considered him as a + good lawyer.... It was as a criminal lawyer that his + eloquence had the finest scope.... He was a perfect master + of the passions of his auditory, whether in the tragic or + the comic line. The tones of his voice, to say nothing of + his matter and gesture, were insinuated into the feelings of + his hearers, in a manner that baffled all description. It + seemed to operate by mere sympathy, and by his tones alone + it seemed to me that he could make you cry or laugh at + pleasure. Yet his gesture came powerfully in aid, and, if + necessary, would approach almost to the ridiculous.... I + will try to give some account of his tragic and comic effect + in two instances that came before me. About the year 1792, + one Holland killed a young man in Botetourt.... Holland had + gone up from Louisa as a schoolmaster, but had turned out + badly, and was very unpopular. The killing was in the night, + and was generally believed to be murder.... At the instance + of the father and for a reasonable fee, Mr. H. undertook to + go to Greenbrier court to defend Holland. Mr. Winston and + myself were the judges. Such were the prejudices there, as I + was afterwards informed by Thomas Madison, that the people + there declared that even Patrick Henry need not come to + defend Holland, unless he brought a jury with him. On the + day of the trial the court-house was crowded, and I did not + move from my seat for fourteen hours, and had no wish to do + so. The examination took up a great part of the time, and + the lawyers were probably exhausted. Breckenridge was + eloquent, but Henry left no dry eye in the court-house. The + case, I believe, was murder, though, possibly, manslaughter + only; and Henry laid hold of this possibility with such + effect as to make all forget that Holland had killed the + storekeeper, and presented the deplorable case of the jury's + killing Holland, an innocent man. He also presented, as it + were, at the clerk's table, old Holland and his wife, who + were then in Louisa, and asked what must be the feeling of + this venerable pair at this awful moment, and what the + consequences to them of a mistaken verdict affecting the + life of their son. He caused the jury to lose sight of the + murder they were then trying, and weep with old Holland and + his wife, whom he painted, and perhaps proved to be, very + respectable. All this was done in a manner so solemn and + touching, and a tone so irresistible, that it was impossible + for the stoutest heart not to take sides with the + criminal.... The result of the trial was, that, after a + retirement of an half or quarter of an hour, the jury + brought in a verdict of not guilty! But on being reminded by + the court that they might find an inferior degree of + homicide, they brought in a verdict of manslaughter. + + "Mr. Henry was equally successful in the comic line.... The + case was that a wagoner and the plaintiff were travelling to + Richmond, and the wagoner knocked down a turkey and put it + into his wagon. Complaint was made to the defendant, a + justice; both the parties were taken up; and the wagoner + agreed to take a whipping rather than be sent to jail. But + the plaintiff refused. The justice, however, gave him, also, + a small whipping; and for this the suit was brought. The + plaintiff's plea was that he was wholly innocent of the act + committed. Mr. H., on the contrary, contended that he was a + party aiding and assisting. In the course of his remarks he + thus expressed himself: 'But, gentlemen of the jury, this + plaintiff tells you that he had nothing to do with the + turkey. I dare say, gentlemen,--not until it was roasted!' + and he pronounced the word--'roasted'--with such rotundity + of voice, and comicalness of manner and gesture, that it + threw every one into a fit of laughter at the plaintiff, + who stood up in the place usually allotted to the criminals; + and the defendant was let off with little or no + damages."[432] + +Finally, we must recall, in illustration of our present subject, an +anecdote left on record in 1813, by the Rev. Conrad Speece, highly +distinguished during his lifetime, in the Presbyterian communion:-- + + "Many years ago," he then wrote, "I was at the trial, in one + of our district courts, of a man charged with murder. The + case was briefly this: the prisoner had gone, in execution + of his office as a constable, to arrest a slave who had been + guilty of some misconduct, and bring him to justice. + Expecting opposition in the business, the constable took + several men with him, some of them armed. They found the + slave on the plantation of his master, within view of the + house, and proceeded to seize and bind him. His mistress, + seeing the arrest, came down and remonstrated vehemently + against it. Finding her efforts unavailing, she went off to + a barn where her husband was, who was presently perceived + running briskly to the house. It was known he always kept a + loaded rifle over his door. The constable now desired his + company to remain where they were, taking care to keep the + slave in custody, while he himself would go to the house to + prevent mischief. He accordingly ran towards the house. When + he arrived within a short distance of it, the master + appeared coming out of the door with his rifle in his hand. + Some witnesses said that as he came to the door he drew the + cock of the piece, and was seen in the act of raising it to + the position of firing. But upon these points there was + not an entire agreement in the evidence. The constable, + standing near a small building in the yard, at this instant + fired, and the fire had a fatal effect. No previous malice + was proved against him; and his plea upon the trial was, + that he had taken the life of his assailant in necessary + self-defence. + + "A great mass of testimony was delivered. This was commented + upon with considerable ability by the lawyer for the + commonwealth, and by another lawyer engaged by the friends + of the deceased for the prosecution. The prisoner was also + defended, in elaborate speeches, by two respectable + advocates. These proceedings brought the day to a close. The + general whisper through a crowded house was, that the man + was guilty and could not be saved. + + "About dusk, candles were brought, and Henry arose. His + manner was ... plain, simple, and entirely unassuming. + 'Gentlemen of the jury,' said he, 'I dare say we are all + very much fatigued with this tedious trial. The prisoner at + the bar has been well defended already; but it is my duty to + offer you some further observations in behalf of this + unfortunate man. I shall aim at brevity. But should I take + up more of your time than you expect, I hope you will hear + me with patience, when you consider that blood is + concerned.' + + "I cannot admit the possibility that any one, who never + heard Henry speak, should be made fully to conceive the + force of impression which he gave to these few words, 'blood + is concerned.' I had been on my feet through the day, pushed + about in the crowd, and was excessively weary. I was + strongly of opinion, too, notwithstanding all the previous + defensive pleadings, that the prisoner was guilty of + murder; and I felt anxious to know how the matter would + terminate. Yet when Henry had uttered these words, my + feelings underwent an instantaneous change. I found + everything within me answering,--'Yes, since blood is + concerned, in the name of all that is righteous, go on; we + will hear you with patience until the rising of to-morrow's + sun!' This bowing of the soul must have been universal; for + the profoundest silence reigned, as if our very breath had + been suspended. The spell of the magician was upon us, and + we stood like statues around him. Under the touch of his + genius, every particular of the story assumed a new aspect, + and his cause became continually more bright and promising. + At length he arrived at the fatal act itself: 'You have been + told, gentlemen, that the prisoner was bound by every + obligation to avoid the supposed necessity of firing, by + leaping behind a house near which he stood at that moment. + Had he been attacked with a club, or with stones, the + argument would have been unanswerable, and I should feel + myself compelled to give up the defence in despair. But + surely I need not tell you, gentlemen, how wide is the + difference between sticks or stones, and double-triggered, + loaded rifles cocked at your breast!' The effect of this + terrific image, exhibited in this great orator's peerless + manner, cannot be described. I dare not attempt to delineate + the paroxysm of emotion which it excited in every heart. The + result of the whole was, that the prisoner was acquitted; + with the perfect approbation, I believe, of the numerous + assembly who attended the trial. What was it that gave such + transcendent force to the eloquence of Henry? His reasoning + powers were good; but they have been equalled, and more than + equalled, by those of many other men. His imagination was + exceedingly quick, and commanded all the stores of nature, + as materials for illustrating his subject. His voice and + delivery were inexpressibly happy. But his most irresistible + charm was the vivid feeling of his cause, with which he + spoke. Such feeling infallibly communicates itself to the + breast of the hearer."[433] + + +FOOTNOTES: + +[416] Winston, in Wirt, 260. + +[417] Ware, Administrator of Jones, Plaintiff in Error, _v._ Hylton +_et al._, Curtis, _Decisions_, i. 164-229. + +[418] Wirt, 316-318. + +[419] _Ibid._ 312. + +[420] Edward Fontaine, MS. + +[421] Howe, _Hist. Coll. Va._ 221. + +[422] Wirt, 312. + +[423] Wirt, 320-321; 368-369. + +[424] McRee, _Life of Iredell_, ii. 394. + +[425] Memorandum of J. W. Bouldin, in _Hist. Mag._ for 1873, 274-275. + +[426] Howe, _Hist. Coll. Va._ 222. + +[427] Judge Spencer Roane, MS. + +[428] McRee, _Life of Iredell_, ii. 395. + +[429] Wirt, 75-76. + +[430] J. W. Alexander, _Life of A. Alexander_, 191-192. + +[431] J. W. Alexander, _Life of Archibald Alexander_, 183-187. + +[432] MS. + +[433] Howe. _Hist. Coll. Va._ 222-223. + + + + +CHAPTER XXI + +IN RETIREMENT + + +In the year 1794, being then fifty-eight years old, and possessed at +last of a competent fortune, Patrick Henry withdrew from his +profession, and resolved to spend in retirement the years that should +remain to him on earth. Removing from Prince Edward County, he lived +for a short time at Long Island, in Campbell County; but in 1795 he +finally established himself in the county of Charlotte, on an estate +called Red Hill,--an estate which continued to be his home during the +rest of his life, which gave to him his burial place, and which still +remains in the possession of his descendants. + +The rapidity with which he had thus risen out of pecuniary +embarrassments was not due alone to the earnings of his profession +during those few years; for while his eminence as an advocate +commanded the highest fees, probably, that were then paid in Virginia, +it is apparent from his account-books that those fees were not at all +exorbitant, and for a lawyer of his standing would not now be regarded +as even considerable. The truth is that, subsequently to his youthful +and futile attempts at business, he had so profited by the experiences +of his life as to have become a sagacious and an expert man of +business. "He could buy or sell a horse, or a negro, as well as +anybody, and was peculiarly a judge of the value and quality of +lands."[434] It seems to have been chiefly from his investments in +lands, made by him with foresight and judgment, and from which, for a +long time, he had reaped only burdens and anxieties, that he derived +the wealth that secured for him the repose of his last years. The +charge long afterward made by Jefferson, that Patrick Henry's fortune +came either from a mean use of his right to pay his land debts in a +depreciated currency "not worth oak-leaves," or from any connection on +his part with the profligate and infamous Yazoo speculation, has been +shown, by ample evidence, to be untrue.[435] + +The descriptions which have come down to us of the life led by the old +statesman in those last five years of retirement make a picture +pleasant to look upon. The house at Red Hill, which then became his +home, "is beautifully situated on an elevated ridge, the dividing line +of Campbell and Charlotte, within a quarter of a mile of the junction +of Falling River with the Staunton. From it the valley of the Staunton +stretches southward about three miles, varying from a quarter to +nearly a mile in width, and of an oval-like form. Through most fertile +meadows waving in their golden luxuriance, slowly winds the river, +overhung by mossy foliage, while on all sides gently sloping hills, +rich in verdure, enclose the whole, and impart to it an air of +seclusion and repose. From the brow of the hill, west of the house, is +a scene of an entirely different character: the Blue Ridge, with the +lofty peaks of Otter, appears in the horizon at a distance of nearly +sixty miles." Under the trees which shaded his lawn, and "in full view +of the beautiful valley beneath, the orator was accustomed, in +pleasant weather, to sit mornings and evenings, with his chair leaning +against one of their trunks, and a can of cool spring-water by his +side, from which he took frequent draughts. Occasionally, he walked to +and fro in the yard from one clump of trees to the other, buried in +revery, at which times he was never interrupted."[436] "His great +delight," says one of his sons-in-law, "was in conversation, in the +society of his friends and family, and in the resources of his own +mind."[437] Thus beneath his own roof, or under the shadow of his own +trees, he loved to sit, like a patriarch, with his family and his +guests gathered affectionately around him, and there, free from +ceremony as from care, to give himself up to the interchange of +congenial thought whether grave or playful, and even to the sports of +the children. "His visitors," writes one of them, "have not +unfrequently caught him lying on the floor, with a group of these +little ones climbing over him in every direction, or dancing around +him with obstreperous mirth, to the tune of his violin, while the only +contest seemed to be who should make the most noise."[438] + +The evidence of contemporaries respecting the sweetness of his spirit +and his great lovableness in private life is most abundant. One who +knew him well in his family, and who was also quite willing to be +critical upon occasion, has said:-- + + "With respect to the domestic character of Mr. Henry, + nothing could be more amiable. In every relation, as a + husband, father, master, and neighbor, he was entirely + exemplary. As to the disposition of Mr. Henry, it was the + best imaginable. I am positive that I never saw him in a + passion, nor apparently even out of temper. Circumstances + which would have highly irritated other men had no such + visible effect on him. He was always calm and collected; and + the rude attacks of his adversaries in debate only whetted + the poignancy of his satire.... Shortly after the + Constitution was adopted, a series of the most abusive and + scurrilous pieces came out against him, under the signature + of Decius. They were supposed to be written by John + Nicholas, ... with the assistance of other more important + men. They assailed Mr. Henry's conduct in the Convention, + and slandered his character by various stories hatched up + against him. These pieces were extremely hateful to all Mr. + Henry's friends, and, indeed, to a great portion of the + community. I was at his house in Prince Edward during the + thickest of them.... He evinced no feeling on the occasion, + and far less condescended to parry the effects on the public + mind. It was too puny a contest for him, and he reposed upon + the consciousness of his own integrity.... With many sublime + virtues, he had no vice that I knew or ever heard of, and + scarcely a foible. I have thought, indeed, that he was too + much attached to property,--a defect, however, which might + be excused when we reflect on the largeness of a beloved + family, and the straitened circumstances in which he had + been confined during a great part of his life."[439] + +Concerning his personal habits, we have, through his grandson, Patrick +Henry Fontaine, some testimony which has the merit of placing the +great man somewhat more familiarly before us. "He was," we are told, +"very abstemious in his diet, and used no wine or alcoholic +stimulants. Distressed and alarmed at the increase of drunkenness +after the Revolutionary war, he did everything in his power to arrest +the vice. He thought that the introduction of a harmless beverage, as +a substitute for distilled spirits, would be beneficial. To effect +this object, he ordered from his merchant in Scotland a consignment of +barley, and a Scotch brewer and his wife to cultivate the grain, and +make small beer. To render the beverage fashionable and popular, he +always had it upon his table while he was governor during his last +term of office; and he continued its use, but drank nothing stronger, +while he lived."[440] + +Though he was always a most loyal Virginian, he became, particularly +in his later years, very unfriendly to that renowned and consolatory +herb so long associated with the fame and fortune of his native State. + + "In his old age, the condition of his nervous system made + the scent of a tobacco-pipe very disagreeable to him. The + old colored house-servants were compelled to hide their + pipes, and rid themselves of the scent of tobacco, before + they ventured to approach him.... They protested that they + had not smoked, or seen a pipe; and he invariably proved the + culprit guilty by following the scent, and leading them to + the corn-cob pipes hid in some crack or cranny, which he + made them take and throw instantly into the kitchen fire, + without reforming their habits, or correcting the evil, + which is likely to continue as long as tobacco will + grow."[441] + +Concerning another of his personal habits, during the years thus +passed in retirement at Red Hill, there is a charming description, +also derived from the grandson to whom we are indebted for the facts +just mentioned:-- + + "His residence overlooked a large field in the bottom of + Staunton River, the most of which could be seen from his + yard. He rose early; and in the mornings of the spring, + summer, and fall, before sunrise, while the air was cool and + calm, reflecting clearly and distinctly the sounds of the + lowing herds and singing birds, he stood upon an eminence, + and gave orders and directions to his servants at work a + half mile distant from him. The strong, musical voices of + the negroes responded to him. During this elocutionary + morning exercise, his enunciation was clear and distinct + enough to be heard over an area which ten thousand people + could not have filled; and the tones of his voice were as + melodious as the notes of an Alpine horn."[442] + +Of course the house-servants and the field-servants just mentioned +were slaves; and, from the beginning to the end of his life, Patrick +Henry was a slaveholder. He bought slaves, he sold slaves, and, along +with the other property--the lands, the houses, the cattle--bequeathed +by him to his heirs, were numerous human beings of the African race. +What, then, was the opinion respecting slavery held by this great +champion of the rights of man? "Is it not amazing"--thus he wrote in +1773--"that, at a time when the rights of humanity are defined and +understood with precision, in a country above all others fond of +liberty, in such an age, we find men, professing a religion the most +humane, mild, meek, gentle, and generous, adopting a principle as +repugnant to humanity as it is inconsistent with the Bible and +destructive to liberty?... Would any one believe that I am master of +slaves of my own purchase? I am drawn along by the general +inconvenience of living without them. I will not, I cannot, justify +it; however culpable my conduct, I will so far pay my 'devoir' to +virtue as to own the excellence and rectitude of her precepts, and to +lament my want of conformity to them. I believe a time will come when +an opportunity will be offered to abolish this lamentable evil: +everything we can do is to improve it, if it happens in our day; if +not, let us transmit to our descendants, together with our slaves, a +pity for their unhappy lot, and an abhorrence of slavery. We owe to +the purity of our religion, to show that it is at variance with that +law which warrants slavery."[443] After the Revolution, and before the +adoption of the Constitution, he earnestly advocated, in the Virginia +House of Delegates, some method of emancipation; and even in the +Convention of 1788, where he argued against the Constitution on the +ground that it obviously conferred upon the general government, in an +emergency, that power of emancipation which, in his opinion, should be +retained by the States, he still avowed his hostility to slavery, and +at the same time his inability to see any practicable means of ending +it: "Slavery is detested: we feel its fatal effects,--we deplore it +with all the pity of humanity.... As we ought with gratitude to admire +that decree of Heaven which has numbered us among the free, we ought +to lament and deplore the necessity of holding our fellow-men in +bondage. But is it practicable, by any human means, to liberate them +without producing the most dreadful and ruinous consequences?"[444] + +During all the years of his retirement, his great fame drew to him +many strangers, who came to pay their homage to him, to look upon his +face, to listen to his words. Such guests were always received by him +with a cordiality that was unmistakable, and so modest and simple as +to put them at once at their ease. Of course they desired most of all +to hear him talk of his own past life, and of the great events in +which he had borne so brilliant a part; but whenever he was persuaded +to do so, it was always with the most quiet references to himself. "No +man," says one who knew him well, "ever vaunted less of his +achievements than Mr. H. I hardly ever heard him speak of those great +achievements which form the prominent part of his biography. As for +boasting, he was entirely a stranger to it, unless it be that, in his +latter days, he seemed proud of the goodness of his lands, and, I +believe, wished to be thought wealthy. It is my opinion that he was +better pleased to be flattered as to his wealth than as to his great +talents. This I have accounted for by recollecting that he had long +been under narrow and difficult circumstances as to property, from +which he was at length happily relieved; whereas there never was a +time when his talents had not always been conspicuous, though he +always seemed unconscious of them."[445] + +It should not be supposed that, in his final withdrawal from public +and professional labors, he surrendered himself to the enjoyment of +domestic happiness, without any positive occupation of the mind. From +one of his grandsons, who was much with him in those days, the +tradition is derived that, besides "setting a good example of honesty, +benevolence, hospitality, and every social virtue," he assisted "in +the education of his younger children," and especially devoted much +time "to earnest efforts to establish true Christianity in our +country."[446] He gave himself more than ever to the study of the +Bible, as well as of two or three of the great English divines, +particularly Tillotson, Butler, and Sherlock. The sermons of the +latter, he declared, had removed "all his doubts of the truth of +Christianity;" and from a volume which contained them, and which was +full of his pencilled notes, he was accustomed to read "every Sunday +evening to his family; after which they all joined in sacred music, +while he accompanied them on the violin."[447] + +There seems to have been no time in his life, after his arrival at +manhood, when Patrick Henry was not regarded by his private +acquaintances as a positively religious person. Moreover, while he was +most tolerant of all forms of religion, and was on peculiarly friendly +terms with their ministers, to whose preaching he often listened, it +is inaccurate to say, as Wirt has done, that, though he was a +Christian, he was so "after a form of his own;" that "he was never +attached to any particular religious society, and never ... communed +with any church."[448] On the contrary, from a grandson who spent +many years in his household comes the tradition that "his parents were +members of the Protestant Episcopal Church, of which his uncle, +Patrick Henry, was a minister;" that "he was baptized and made a +member of it in early life;" and that "he lived and died an exemplary +member of it."[449] Furthermore, in 1830, the Rev. Charles Dresser, +rector of Antrim Parish, Halifax County, Virginia, wrote that the +widow of Patrick Henry told him that her husband used to receive "the +communion as often as an opportunity was offered, and on such +occasions always fasted until after he had communicated, and spent the +day in the greatest retirement. This he did both while governor and +afterward."[450] In a letter to one of his daughters, written in 1796, +he makes this touching confession:-- + + "Amongst other strange things said of me, I hear it is said + by the deists that I am one of the number; and, indeed, that + some good people think I am no Christian. This thought gives + me much more pain than the appellation of Tory; because I + think religion of infinitely higher importance than + politics; and I find much cause to reproach myself that I + have lived so long, and have given no decided and public + proofs of my being a Christian. But, indeed, my dear child, + this is a character which I prize far above all this world + has, or can boast."[451] + +While he thus spoke, humbly and sorrowfully, of his religious position +as a thing so little known to the public that it could be entirely +misunderstood by a portion of them, it is plain that no one who had +seen him in the privacy of his life at home could have had any +misunderstanding upon that subject. For years before his retirement +from the law, it had been his custom, we are told, to spend "one hour +every day ... in private devotion. His hour of prayer was the close of +the day, including sunset; ... and during that sacred hour, none of +his family intruded upon his privacy."[452] + +As regards his religious faith, Patrick Henry, while never +ostentatious of it, was always ready to avow it, and to defend it. The +French alliance during our Revolution, and our close intercourse with +France immediately afterward, hastened among us the introduction of +certain French writers who were assailants of Christianity, and who +soon set up among the younger and perhaps brighter men of the country +the fashion of casting off, as parts of an outworn and pitiful +superstition, the religious ideas of their childhood, and even the +morality which had found its strongest sanctions in those ideas. Upon +all this, Patrick Henry looked with grief and alarm. In his opinion, a +far deeper, a far wiser and nobler handling of all the immense +questions involved in the problem of the truth of Christianity was +furnished by such English writers as Sherlock and Bishop Butler, and, +for popular use, even Soame Jenyns. Therefore, as French scepticism +then had among the Virginia lawyers and politicians its diligent +missionaries, so, with the energy and directness that always +characterized him, he determined to confront it, if possible, with an +equal diligence; and he then deliberately made himself, while still a +Virginia lawyer and politician, a missionary also,--a missionary on +behalf of rational and enlightened Christian faith. Thus during his +second term as governor he caused to be printed, on his own account, +an edition of Soame Jenyns's "View of the Internal Evidence of +Christianity;" likewise, an edition of Butler's "Analogy;" and +thenceforward, particularly among the young men of Virginia, assailed +as they were by the fashionable scepticism, this illustrious +colporteur was active in the defence of Christianity, not only by his +own sublime and persuasive arguments, but by the distribution, as the +fit occasion offered, of one or the other of these two books. + +Accordingly when, during the first two years of his retirement, Thomas +Paine's "Age of Reason" made its appearance, the old statesman was +moved to write out a somewhat elaborate treatise in defence of the +truth of Christianity. This treatise it was his purpose to have +published. "He read the manuscript to his family as he progressed with +it, and completed it a short time before his death." When it was +finished, however, being "diffident about his own work," and +impressed, also, by the great ability of the replies to Paine which +were then appearing in England, "he directed his wife to destroy" what +he had written. She "complied literally with his directions," and thus +put beyond the chance of publication a work which seemed, to some who +heard it, to be "the most eloquent and unanswerable argument in the +defence of the Bible which was ever written."[453] + +Finally, in his last will and testament, bearing the date of November +20, 1798, and written throughout, as he says, "with my own hand," he +chose to insert a touching affirmation of his own deep faith in +Christianity. After distributing his estate among his descendants, he +thus concludes: "This is all the inheritance I can give to my dear +family. The religion of Christ can give them one which will make them +rich indeed."[454] + +It is not to be imagined that this deep seclusion and these eager +religious studies implied in Patrick Henry any forgetfulness of the +political concerns of his own country, or any indifference to those +mighty events which, during those years, were taking place in Europe, +and were reacting with tremendous effect upon the thought, the +emotion, and even the material interests of America. Neither did he +succeed in thus preserving the retirement which he had resolved upon, +without having to resist the attempts of both political parties to +draw him forth again into official life. All these matters, indeed, +are involved in the story of his political attitude from the close of +his struggle for amending the Constitution down to the very close of +his life,--a story which used to be told with angry vituperation on +one side, perhaps with some meek apologies on the other. Certainly, +the day for such comment is long past. In the disinterestedness which +the lapse of time has now made an easy virtue for us, we may see, +plainly enough, that such ungentle words as "apostate" and "turncoat," +with which his name used to be plentifully assaulted, were but the +missiles of partisan excitement; and that by his act of intellectual +readjustment with respect to the new conditions forced upon human +society, on both sides of the Atlantic, by the French Revolution, he +developed no occasion for apologies, since he therein did nothing that +was unusual at that time among honest and thoughtful men everywhere, +and nothing that was inconsistent with the professions or the +tendencies of his own previous life. It becomes our duty, however, to +trace this story over again, as concisely as possible, but in the +light of much historical evidence that has never hitherto been +presented in connection with it. + +Upon the adoption, in 1791, of the first ten amendments to the +Constitution, every essential objection which he had formerly urged +against that instrument was satisfied; and there then remained no +good reason why he should any longer hold himself aloof from the +cordial support of the new government, especially as directed, first +by Washington, and afterward by John Adams,--two men with whom, both +personally and politically, he had always been in great harmony, +excepting only upon this single matter of the Constitution in its +original form. Undoubtedly, the contest which he had waged on that +question had been so hot and so bitter that, even after it was ended, +some time would be required for his recovery from the soreness of +spirit, from the tone of suspicion and even of enmity, which it had +occasioned. Accordingly, in the correspondence and other records of +the time, we catch some glimpses of him, which show that even after +Congress had passed the great amendments, and after their approval by +the States had become a thing assured, he still looked askance at the +administration, and particularly at some of the financial measures +proposed by Hamilton.[455] Nevertheless, as year by year went on, and +as Washington and his associates continued to deal fairly, wisely, +and, on the whole, successfully, with the enormous problems which they +encountered; moreover, as Jefferson and Madison gradually drew off +from Washington, and formed a party in opposition, which seemed to +connive at the proceedings of Genet, and to encourage the formation +among us of political clubs in apparent sympathy with the wildest and +most anarchic doctrines which were then flung into words and into +deeds in the streets of Paris, it happened that Patrick Henry found +himself, like Richard Henry Lee, and many another of his companions in +the old struggle against the Constitution, drawn more and more into +support of the new government. + +In this frame of mind, probably, was he in the spring of 1793, when, +during the session of the federal court at Richmond, he had frequent +conversations with Chief Justice Jay and with Judge Iredell. The +latter, having never before met Henry, had felt great dislike of him +on account of the alleged violence of his opinions against the +Constitution; but after making his acquaintance, Iredell thus wrote +concerning him: "I never was more agreeably disappointed than in my +acquaintance with him. I have been much in his company; and his +manners are very pleasing, and his mind, I am persuaded, highly +liberal. It is a strong additional reason I have, added to many +others, to hold in high detestation violent party prejudice."[456] + +In the following year, General Henry Lee, then governor of Virginia, +appointed Patrick Henry as a senator of the United States, to fill out +an unexpired term. This honor he felt compelled to decline. + +In the course of the same year, General Lee, finding that Patrick +Henry, though in virtual sympathy with the administration, was yet +under the impression that Washington had cast off their old +friendship, determined to act the part of a peacemaker between them, +and, if possible, bring together once more two old friends who had +been parted by political differences that no longer existed. On the +17th of August, 1794, Lee, at Richmond, thus wrote to the President:-- + + "When I saw you in Philadelphia, I had many conversations + with you respecting Mr. Henry, and since my return I have + talked very freely and confidentially with that gentleman. I + plainly perceive that he has credited some information, + which he has received (from whom I know not), which induces + him to believe that you consider him a factious, seditious + character.... Assured in my own mind that his opinions are + groundless, I have uniformly combated them, and lament that + my endeavors have been unavailing. He seems to be deeply and + sorely affected. It is very much to be regretted; for he is + a man of positive virtue as well as of transcendent talents; + and were it not for his feelings above expressed, I verily + believe, he would be found among the most active supporters + of your administration. Excuse me for mentioning this matter + to you. I have long wished to do it, in the hope that it + would lead to a refutation of the sentiments entertained by + Mr. Henry."[457] + +To this letter Washington sent a reply which expressed unabated regard +for his old friend; and this reply, having been shown by Lee to Henry, +drew from him this noble-minded answer:-- + + TO GENERAL HENRY LEE. + + RED HILL, 27 June, 1795. + + MY DEAR SIR,--Your very friendly communication of so much of + the President's letter as relates to me, demands my sincere + thanks. Retired as I am from the busy world, it is still + grateful to me to know that some portion of regard remains + for me amongst my countrymen; especially those of them whose + opinions I most value. But the esteem of that personage, who + is contemplated in this correspondence, is highly flattering + indeed. + + The American Revolution was the grand operation, which + seemed to be assigned by the Deity to the men of this age in + our country, over and above the common duties of life. I + ever prized at a high rate the superior privilege of being + one in that chosen age, to which Providence intrusted its + favorite work. With this impression, it was impossible for + me to resist the impulse I felt to contribute my mite + towards accomplishing that event, which in future will give + a superior aspect to the men of these times. To the man, + especially, who led our armies, will that aspect belong; and + it is not in nature for one with my feelings to revere the + Revolution, without including him who stood foremost in its + establishment. + + Every insinuation that taught me to believe I had forfeited + the good-will of that personage, to whom the world had + agreed to ascribe the appellation of good and great, must + needs give me pain; particularly as he had opportunities of + knowing my character both in public and in private life. The + intimation now given me, that there was no ground to believe + I had incurred his censure, gives very great pleasure. + + Since the adoption of the present Constitution, I have + generally moved in a narrow circle. But in that I have never + omitted to inculcate a strict adherence to the principles of + it. And I have the satisfaction to think, that in no part of + the Union have the laws been more pointedly obeyed, than in + that where I have resided and spent my time. Projects, + indeed, of a contrary tendency have been hinted to me; but + the treatment of the projectors has been such as to prevent + all intercourse with them for a long time. Although a + democrat myself, I like not the late democratic societies. + As little do I like their suppression by law. Silly things + may amuse for awhile, but in a little time men will perceive + their delusions. The way to preserve in men's minds a value + for them, is to enact laws against them. + + My present views are to spend my days in privacy. If, + however, it shall please God, during my life, so to order + the course of events as to render my feeble efforts + necessary for the safety of the country, in any, even the + smallest degree, that little which I can do shall be done. + Whenever you may have an opportunity, I shall be much + obliged by your presenting my best respects and duty to the + President, assuring him of my gratitude for his favorable + sentiments towards me. + + Be assured, my dear sir, of the esteem and regard with which + I am yours, etc., + + PATRICK HENRY.[458] + +After seeing this letter, Washington took an opportunity to convey to +Patrick Henry a strong practical proof of his confidence in him, and +of his cordial friendship. The office of secretary of state having +become vacant, Washington thus tendered the place to Patrick Henry:-- + + MOUNT VERNON, 9 October, 1795. + + DEAR SIR,--Whatever may be the reception of this letter, + truth and candor shall mark its steps. You doubtless know + that the office of state is vacant; and no one can be more + sensible than yourself of the importance of filling it with + a person of abilities, and one in whom the public would have + confidence. + + It would be uncandid not to inform you that this office has + been offered to others; but it is as true, that it was from + a conviction in my own mind that you would not accept it + (until Tuesday last, in a conversation with General Lee, he + dropped sentiments which made it less doubtful), that it was + not offered first to you. + + I need scarcely add, that if this appointment could be made + to comport with your own inclination, it would be as + pleasing to me, as I believe it would be acceptable to the + public. With this assurance, and with this belief, I make + you the offer of it. My first wish is that you would accept + it; the next is that you would be so good as to give me an + answer as soon as you conveniently can, as the public + business in that department is now suffering for want of a + secretary.[459] + +Though Patrick Henry declined this proposal, he declined it for +reasons that did not shut the door against further overtures of a +similar kind; for, within the next three months, a vacancy having +occurred in another great office,--that of chief justice of the +United States,--Washington again employed the friendly services of +General Lee, whom he authorized to offer the place to Patrick Henry. +This was done by Lee in a letter dated December 26, 1795:-- + + "The Senate have disagreed to the President's nomination of + Mr. Rutledge, and a vacancy in that important office has + taken place. For your country's sake, for your friends' + sake, for your family's sake, tell me you will obey a call + to it. You know my friendship for you; you know my + circumspection; and, I trust, you know, too, I would not + address you on such a subject without good grounds. Surely + no situation better suits you. You continue at home, only + [except] when on duty. Change of air and exercise will add + to your days. The salary excellent, and the honor very + great. Be explicit in your reply."[460] + +On the same day on which Lee thus wrote to Henry he likewise wrote to +Washington, informing him that he had done so; but, for some cause now +unknown, Washington received no further word from Lee for more than +two weeks. Accordingly, on the 11th of January, 1796, in his anxiety +to know what might be Patrick Henry's decision concerning the office +of chief justice, Washington wrote to Lee as follows:-- + + MY DEAR SIR,--Your letter of the 26th ult. has been + received, but nothing from you since,--which is embarrassing + in the extreme; for not only the nomination of chief + justice, but an associate judge, and secretary of war, is + suspended on the answer you were to receive from Mr. Henry; + and what renders the want of it more to be regretted is, + that the first Monday of next month (which happens on the + first day of it) is the term appointed by law for the + meeting of the Superior Court of the United States, in this + city; at which, for particular reasons, the bench ought to + be full. I will add no more at present than that I am your + affectionate, + + GEO. WASHINGTON.[461] + +Although Patrick Henry declined this great compliment also, his +friendliness to the administration had become so well understood that, +among the Federal leaders, who in the spring of 1796 were planning for +the succession to Washington and Adams, there was a strong inclination +to nominate Patrick Henry for the vice-presidency,--their chief doubt +being with reference to his willingness to take the nomination.[462] + +All these overtures to Patrick Henry were somewhat jealously watched +by Jefferson, who, indeed, in a letter to Monroe, on the 10th of July, +1796, interpreted them with that easy recklessness of statement which +so frequently embellished his private correspondence and his private +talk. "Most assiduous court," he says of the Federalists, "is paid to +Patrick Henry. He has been offered everything which they knew he would +not accept."[463] + +A few weeks after Jefferson penned those sneering words, the person +thus alluded to wrote to his daughter, Mrs. Aylett, concerning certain +troublesome reports which had reached her:-- + + "As to the reports you have heard, of my changing sides in + politics, I can only say they are not true. I am too old to + exchange my former opinions, which have grown up into fixed + habits of thinking. True it is, I have condemned the conduct + of our members in Congress, because, in refusing to raise + money for the purposes of the British treaty, they, in + effect, would have surrendered our country bound, hand and + foot, to the power of the British nation.... The treaty is, + in my opinion, a very bad one indeed. But what must I think + of those men, whom I myself warned of the danger of giving + the power of making laws by means of treaty to the President + and Senate, when I see these same men denying the existence + of that power, which, they insisted in our convention, ought + properly to be exercised by the President and Senate, and by + none other? The policy of these men, both then and now, + appears to me quite void of wisdom and foresight. These + sentiments I did mention in conversation in Richmond, and + perhaps others which I don't remember.... It seems that + every word was watched which I casually dropped, and wrested + to answer party views. Who can have been so meanly employed, + I know not, neither do I care; for I no longer consider + myself as an actor on the stage of public life. It is time + for me to retire; and I shall never more appear in a public + character, unless some unlooked-for circumstance shall + demand from me a transient effort, not inconsistent with + private life--in which I have determined to continue."[464] + +In the autumn of 1796 the Assembly of Virginia, then under the +political control of Jefferson, and apparently eager to compete with +the Federalists for the possession of a great name, elected Patrick +Henry to the governorship of the State. But the man whose purpose to +refuse office had been proof against the attractions of the United +States Senate, and of the highest place in Washington's cabinet, and +of the highest judicial position in the country, was not likely to +succumb to the opportunity of being governor of Virginia for the +sixth time. + + +FOOTNOTES: + +[434] Spencer Roane, MS. + +[435] _Hist. Mag._ for 1867, 93; 369-370. + +[436] Howe, _Hist. Coll. Va._ 221. + +[437] Spencer Roane, MS. + +[438] Cited in Wirt, 380-381. + +[439] Spencer Roane, MS. + +[440] Fontaine, MS. + +[441] Fontaine, MS. + +[442] Fontaine, MS. + +[443] Bancroft, ed. 1869, vi. 416-417. + +[444] Elliot, _Debates_, iii. 455-456; 590-591. + +[445] Spencer Roane, MS. + +[446] Fontaine, MS. + +[447] J. W. Alexander, _Life of A. Alexander_, 193; Howe, _Hist. Coll. +Va._ 221. + +[448] Wirt, 402. + +[449] Fontaine, MS. + +[450] Meade, _Old Churches_, etc. ii. 12. + +[451] Wirt, 387. + +[452] Fontaine, MS. + +[453] Fontaine, MS. Also Meade, _Old Churches_, etc. ii. 12; and Wm. +Wirt Henry, MS. + +[454] MS. Certified copy. + +[455] For example, D. Stuart's letter, in _Writings of Washington_, x. +94-96; also, _Jour. Va. House Del._ for Nov. 3, 1790. + +[456] McRee, _Life of Iredell_, ii. 394-395. + +[457] _Writings of Washington_, x. 560-561. + +[458] _Writings of Washington_, x. 562-563. + +[459] _Writings of Washington_, xi. 81-82. + +[460] MS. + +[461] Lee, _Observations_, etc. 116. + +[462] Gibbs, _Administration of Washington_, etc. i. 337; see, also, +Hamilton, _Works_, vi. 114. + +[463] Jefferson, _Writings_, iv. 148. + +[464] Entire letter in Wirt, 385-387. + + + + +CHAPTER XXII + +LAST DAYS + + +The intimation given by Patrick Henry to his daughter, in the summer +of 1796, that, though he could never again engage in a public career, +he yet might be compelled by "some unlooked-for circumstance" to make +"a transient effort" for the public safety, was not put to the test +until nearly three years afterward, when it was verified in the midst +of those days in which he was suddenly to find surcease of all earthly +care and pain. + +Our story, therefore, now passes hurriedly by the year 1797,--which +saw the entrance of John Adams into the presidency, the return of +Monroe from France in great anger at the men who had recalled him, the +publication of Jefferson's letter to Mazzei, everywhere an increasing +bitterness and even violence in partisan feeling. In the same manner, +also, must we pass by the year 1798,--which saw the popular uprising +against France, the mounting of the black cockade against her, the +suspension of commercial intercourse with her, the summons to +Washington to come forth once more and lead the armies of America +against the enemy; then the moonstruck madness of the Federalists, +forcing upon the country the naturalization act, the alien acts, the +sedition act; then the Kentucky resolutions, as written by Jefferson, +declaring the acts just named to be "not law, but utterly void and of +no force," and liable, "unless arrested on the threshold," "to drive +these States into revolution and blood;" then the Virginia +resolutions, as written by Madison, denouncing the same acts as +"palpable and alarming infractions of the Constitution;" finally, the +preparations secretly making by the government of Virginia[465] for +armed resistance to the government of the United States. + +Just seven days after the passage of the Virginia resolutions, an +eminent citizen of that State appealed by letter to Patrick Henry for +some written expression of his views upon the troubled situation, with +the immediate object of aiding in the election of John Marshall, who, +having just before returned from his baffled embassy to Paris, was +then in nomination for Congress, and was encountering assaults +directed by every energy and art of the opposition. In response to +this appeal, Patrick Henry wrote, in the early part of the year 1799, +the following remarkable letter, which is of deep interest still, not +only as showing his discernment of the true nature of that crisis, but +as furnishing a complete answer to the taunt that his mental +faculties were then fallen into decay:-- + + TO ARCHIBALD BLAIR. + + RED HILL, CHARLOTTE, 8 January, 1799. + + DEAR SIR,--Your favor of the 28th of last month I have + received. Its contents are a fresh proof that there is cause + for much lamentation over the present state of things in + Virginia. It is possible that most of the individuals who + compose the contending factions are sincere, and act from + honest motives. But it is more than probable, that certain + leaders meditate a change in government. To effect this, I + see no way so practicable as dissolving the confederacy. And + I am free to own, that, in my judgment, most of the measures + lately pursued by the opposition party, directly and + certainly lead to that end. If this is not the system of the + party, they have none, and act 'ex tempore.' + + I do acknowledge that I am not capable to form a correct + judgment on the present politics of the world. The wide + extent to which the present contentions have gone will + scarcely permit any observer to see enough in detail to + enable him to form anything like a tolerable judgment on the + final result, as it may respect the nations in general. But, + as to France, I have no doubt in saying that to her it will + be calamitous. Her conduct has made it the interest of the + great family of mankind to wish the downfall of her present + government; because its existence is incompatible with that + of all others within its reach. And, whilst I see the + dangers that threaten ours from her intrigues and her arms, + I am not so much alarmed as at the apprehension of her + destroying the great pillars of all government and of social + life,--I mean virtue, morality, and religion. This is the + armor, my friend, and this alone, that renders us + invincible. These are the tactics we should study. If we + lose these, we are conquered, fallen indeed. In vain may + France show and vaunt her diplomatic skill, and brave + troops: so long as our manners and principles remain sound, + there is no danger. But believing, as I do, that these are + in danger, that infidelity in its broadest sense, under the + name of philosophy, is fast spreading, and that, under the + patronage of French manners and principles, everything that + ought to be dear to man is covertly but successfully + assailed, I feel the value of those men amongst us, who hold + out to the world the idea, that our continent is to exhibit + an originality of character; and that, instead of that + imitation and inferiority which the countries of the old + world have been in the habit of exacting from the new, we + shall maintain that high ground upon which nature has placed + us, and that Europe will alike cease to rule us and give us + modes of thinking. + + But I must stop short, or else this letter will be all + preface. These prefatory remarks, however, I thought proper + to make, as they point out the kind of character amongst our + countrymen most estimable in my eyes. General Marshall and + his colleagues exhibited the American character as + respectable. France, in the period of her most triumphant + fortune, beheld them as unappalled. Her threats left them, + as she found them, mild, temperate, firm. Can it be thought + that, with these sentiments, I should utter anything tending + to prejudice General Marshall's election? Very far from it + indeed. Independently of the high gratification I felt from + his public ministry, he ever stood high in my esteem as a + private citizen. His temper and disposition were always + pleasant, his talents and integrity unquestioned. These + things are sufficient to place that gentleman far above any + competitor in the district for Congress. But, when you add + the particular information and insight which he has gained, + and is able to communicate to our public councils, it is + really astonishing that even blindness itself should + hesitate in the choice.... Tell Marshall I love him, because + he felt and acted as a republican, as an American.... I am + too old and infirm ever again to undertake public concerns. + I live much retired, amidst a multiplicity of blessings from + that Gracious Ruler of all things, to whom I owe unceasing + acknowledgments for his unmerited goodness to me; and if I + was permitted to add to the catalogue one other blessing, it + should be, that my countrymen should learn wisdom and + virtue, and in this their day to know the things that + pertain to their peace. Farewell. + + I am, dear Sir, yours, + PATRICK HENRY.[466] + +The appeal from Archibald Blair, which evoked this impressive letter, +had suggested to the old statesman no effort which could not be made +in his retirement. Before, however, he was to pass beyond the reach of +all human appeals, two others were to be addressed to him, the one by +John Adams, the other by Washington, both asking him to come forth +into the world again; the former calling for his help in averting war +with France, the latter for his help in averting the triumph of +violent and dangerous counsels at home. + +On the 25th of February, 1799, John Adams, shaking himself free of +his partisan counsellors,--all hot for war with France,--suddenly +changed the course of history by sending to the Senate the names of +these three citizens, Oliver Ellsworth, Patrick Henry, and William +Vans Murray, "to be envoys extraordinary and ministers plenipotentiary +to the French republic, with full powers to discuss and settle, by a +treaty, all controversies between the United States and France." In +his letter of the 16th of April declining the appointment, Patrick +Henry spoke of himself as having been "confined for several weeks by a +severe indisposition," and as being "still so sick as to be scarcely +able to write this." "My advanced age," he added, "and increasing +debility compel me to abandon every idea of serving my country, where +the scene of operation is far distant, and her interests call for +incessant and long continued exertion.... I cannot, however, forbear +expressing, on this occasion, the high sense I entertain of the honor +done me by the President and Senate in the appointment. And I beg you, +sir, to present me to them in terms of the most dutiful regard, +assuring them that this mark of their confidence in me, at a crisis so +eventful, is an agreeable and flattering proof of their consideration +towards me, and that nothing short of an absolute necessity could +induce me to withhold my little aid from an administration whose +ability, patriotism, and virtue deserve the gratitude and reverence of +all their fellow citizens."[467] + +Such was John Adams's appeal to Patrick Henry and its result. The +appeal to him from Washington--an appeal which he could not resist, +and which induced him, even in his extreme feebleness of body, to make +one last and noble exertion of his genius--happened in this wise. On +the 15th of January, 1799, from Mount Vernon, Washington wrote to his +friend a long letter, marked "confidential," in which he stated with +great frankness his own anxieties respecting the dangers then +threatening the country:-- + + "It would be a waste of time to attempt to bring to the view + of a person of your observation and discernment, the + endeavors of a certain party among us to disquiet the public + mind with unfounded alarms; to arraign every act of the + administration; to set the people at variance with their + government; and to embarrass all its measures. Equally + useless would it be to predict what must be the inevitable + consequences of such a policy, if it cannot be arrested. + + "Unfortunately,--and extremely do I regret it,--the State of + Virginia has taken the lead in this opposition.... It has + been said that the great mass of the citizens of this State + are well-affected, notwithstanding, to the general + government and the Union; and I am willing to believe it, + nay, do believe it. But how is this to be reconciled with + their suffrages at the elections of representatives, ... who + are men opposed to the former, and by the tendency of their + measures would destroy the latter?... One of the reasons + assigned is, that the most respectable and best qualified + characters among us will not come forward.... But, at such a + crisis as this, when everything dear and valuable to us is + assailed; when this party hangs upon the wheels of + government as a dead weight, opposing every measure that is + calculated for defence and self-preservation, abetting the + nefarious views of another nation upon our rights; ... when + measures are systematically and pertinaciously pursued, + which must eventually dissolve the Union, or produce + coercion; I say, when these things have become so obvious, + ought characters who are best able to rescue their country + from the pending evil, to remain at home? Rather ought they + not to come forward, and by their talents and influence + stand in the breach which such conduct has made on the peace + and happiness of this country, and oppose the widening of + it?... + + "I come, now, my good Sir, to the object of my letter, which + is to express a hope and an earnest wish, that you will come + forward at the ensuing elections (if not for Congress, which + you may think would take you too long from home), as a + candidate for representative in the General Assembly of this + Commonwealth. + + "There are, I have no doubt, very many sensible men who + oppose themselves to the torrent that carries away others + who had rather swim with, than stem it without an able pilot + to conduct them; but these are neither old in legislation, + nor well known in the community. Your weight of character + and influence in the House of Representatives would be a + bulwark against such dangerous sentiments as are delivered + there at present. It would be a rallying point for the + timid, and an attraction of the wavering. In a word, I + conceive it to be of immense importance at this crisis, that + you should be there; and I would fain hope that all minor + considerations will be made to yield to the measure."[468] + +There can be little doubt that it was this solemn invocation on the +part of Washington which induced the old statesman, on whom Death had +already begun to lay his icy hands, to come forth from the solitude in +which he had been so long buried, and offer himself for the suffrages +of his neighbors, as their representative in the next House of +Delegates, there to give check, if possible, to the men who seemed to +be hurrying Virginia upon violent courses, and the republic into civil +war. Accordingly, before the day for the usual March[469] court in +Charlotte, the word went out through all that country that old Patrick +Henry, whose wondrous voice in public no man had heard for those many +years, who had indeed been almost numbered among the dead ones of +their heroic days foregone, was to appear before all the people once +more, and speak to them as in the former time, and give to them his +counsel amid those thickening dangers which alone could have drawn him +forth from the very borders of the grave. + +When the morning of that day came, from all the region thereabout the +people began to stream toward the place where the orator was to speak. +So widespread was the desire to hear him that even the college in the +next county--the college of Hampden-Sidney--suspended its work for +that day, and thus enabled all its members, the president himself, the +professors, and the students, to hurry over to Charlotte court-house. +One of those students, John Miller, of South Carolina, according to an +account said to have been given by him in conversation forty years +afterward, having with his companions reached the town,-- + + "and having learned that the great orator would speak in the + porch of a tavern fronting the large court-green, ... pushed + his way through the gathering crowd, and secured the + pedestal of a pillar, where he stood within eight feet of + him. He was very infirm, and seated in a chair conversing + with some old friends, waiting for the assembling of the + immense multitudes who were pouring in from all the + surrounding country to hear him. At length he arose with + difficulty, and stood somewhat bowed with age and weakness. + His face was almost colorless. His countenance was careworn; + and when he commenced his exordium, his voice was slightly + cracked and tremulous. But in a few moments a wonderful + transformation of the whole man occurred, as he warmed with + his theme. He stood erect; his eye beamed with a light that + was almost supernatural; his features glowed with the hue + and fire of youth; and his voice rang clear and melodious + with the intonations of some grand musical instrument whose + notes filled the area, and fell distinctly and delightfully + upon the ears of the most distant of the thousands gathered + before him."[470] + +As regards the substance of the speech then made, it will not be safe +for us to confide very much in the supposed recollections of old men +who heard it when they were young. Upon the whole, probably, the most +trustworthy outline of it now to be had is that of a gentleman who +declares that he wrote down his recollections of the speech not long +after its delivery. According to this account, Patrick Henry-- + + "told them that the late proceedings of the Virginian + Assembly had filled him with apprehensions and alarm; that + they had planted thorns upon his pillow; that they had drawn + him from that happy retirement which it had pleased a + bountiful Providence to bestow, and in which he had hoped to + pass, in quiet, the remainder of his days; that the State + had quitted the sphere in which she had been placed by the + Constitution, and, in daring to pronounce upon the validity + of federal laws, had gone out of her jurisdiction in a + manner not warranted by any authority, and in the highest + degree alarming to every considerate man; that such + opposition, on the part of Virginia, to the acts of the + general government, must beget their enforcement by military + power; that this would probably produce civil war, civil war + foreign alliances, and that foreign alliances must + necessarily end in subjugation to the powers called in. He + conjured the people to pause and consider well, before they + rushed into such a desperate condition, from which there + could be no retreat. He painted to their imaginations + Washington, at the head of a numerous and well-appointed + army, inflicting upon them military execution. 'And where,' + he asked, 'are our resources to meet such a conflict? Where + is the citizen of America who will dare to lift his hand + against the father of his country?' A drunken man in the + crowd threw up his arm, and exclaimed that he dared to do + it. 'No,' answered Mr. Henry, rising aloft in all his + majesty, 'you dare not do it: in such a parricidal attempt, + the steel would drop from your nerveless arm!' ... Mr. + Henry, proceeding in his address to the people, asked + whether the county of Charlotte would have any authority to + dispute an obedience to the laws of Virginia; and he + pronounced Virginia to be to the Union what the county of + Charlotte was to her. Having denied the right of a State to + decide upon the constitutionality of federal laws, he added, + that perhaps it might be necessary to say something of the + merits of the laws in question.[471] His private opinion was + that they were good and proper. But whatever might be their + merits, it belonged to the people, who held the reins over + the head of Congress, and to them alone, to say whether they + were acceptable or otherwise to Virginians; and that this + must be done by way of petition; that Congress were as much + our representatives as the Assembly, and had as good a right + to our confidence. He had seen with regret the unlimited + power over the purse and sword consigned to the general + government; but ... he had been overruled, and it was now + necessary to submit to the constitutional exercise of that + power. 'If,' said he, 'I am asked what is to be done, when a + people feel themselves intolerably oppressed, my answer is + ready,--Overturn the government. But do not, I beseech you, + carry matters to this length without provocation. Wait at + least until some infringement is made upon your rights, and + which cannot otherwise be redressed; for if ever you recur + to another change, you may bid adieu forever to + representative government. You can never exchange the + present government but for a monarchy.... Let us preserve + our strength for the French, the English, the Germans, or + whoever else shall dare to invade our territory, and not + exhaust it in civil commotions and intestine wars.' He + concluded by declaring his design to exert himself in the + endeavor to allay the heart-burnings and jealousies which + had been fomented in the state legislature; and he fervently + prayed, if he was deemed unworthy to effect it, that it + might be reserved to some other and abler hand to extend + this blessing over the community."[472] + +The outline thus given may be inaccurate in several particulars: it is +known to be so in one. Respecting the alien and sedition acts, the +orator expressed no opinion at all;[473] but accepting them as the law +of the land, he counselled moderation, forbearance, and the use of +constitutional means of redress. Than that whole effort, as has been +said by a recent and a sagacious historian, "nothing in his life was +nobler."[474] + +Upon the conclusion of the old man's speech the stand was taken by a +very young man, John Randolph of Roanoke, who undertook to address the +crowd, offering himself to them as a candidate for Congress, but on +behalf of the party then opposed to Patrick Henry. By reason of +weariness, no doubt, the latter did not remain upon the platform; but +having "requested a friend to report to him anything which might +require an answer," he stepped back into the tavern. "Randolph began +by saying that he had admired that man more than any on whom the sun +had shone, but that now he was constrained to differ from him '_toto +coelo_.'" Whatever else Randolph may have said in his speech, whether +important or otherwise, was spoken under the disadvantage of a cold +and a hoarseness so severe as to render him scarcely able to "utter an +audible sentence." Furthermore, Patrick Henry "made no reply, nor did +he again present himself to the people."[475] There is, however, a +tradition, not improbable, that when Randolph had finished his speech, +and had come back into the room where the aged statesman was resting, +the latter, taking him gently by the hand, said to him, with great +kindness: "Young man, you call me father. Then, my son, I have +something to say unto thee: keep justice, keep truth,--and you will +live to think differently." + +As a result of the poll, Patrick Henry was, by a great majority, +elected to the House of Delegates. But his political enemies, who, for +sufficient reasons, greatly dreaded his appearance upon that scene of +his ancient domination, were never any more to be embarrassed by his +presence there. For, truly, they who, on that March day, at Charlotte +court-house, had heard Patrick Henry, "had heard an immortal orator +who would never speak again."[476] He seems to have gone thence to his +home, and never to have left it. About the middle of the next month, +being too sick to write many words, he lifted himself up in bed long +enough to tell the secretary of state that he could not go on the +mission to France, and to send his dying blessing to his old friend, +the President. Early in June, his eldest daughter, Martha Fontaine, +living at a distance of two days' travel from Red Hill, received from +him a letter beginning with these words: "Dear Patsy, I am very +unwell, and have Dr. Cabell with me."[477] Upon this alarming news, +she and others of his kindred in that neighborhood made all haste to +go to him. On arriving at Red Hill "they found him sitting in a large, +old-fashioned armchair, in which he was easier than upon a bed." The +disease of which he was dying was intussusception. On the 6th of June, +all other remedies having failed, Dr. Cabell proceeded to administer +to him a dose of liquid mercury. Taking the vial in his hand, and +looking at it for a moment, the dying man said: "I suppose, doctor, +this is your last resort?" The doctor replied: "I am sorry to say, +governor, that it is. Acute inflammation of the intestine has already +taken place; and unless it is removed, mortification will ensue, if it +has not already commenced, which I fear." "What will be the effect of +this medicine?" said the old man. "It will give you immediate relief, +or"--the kind-hearted doctor could not finish the sentence. His +patient took up the word: "You mean, doctor, that it will give relief, +or will prove fatal immediately?" The doctor answered: "You can only +live a very short time without it, and it may possibly relieve you." +Then Patrick Henry said, "Excuse me, doctor, for a few minutes;" and +drawing down over his eyes a silken cap which he usually wore, and +still holding the vial in his hand, he prayed, in clear words, a +simple childlike prayer, for his family, for his country, and for his +own soul then in the presence of death. Afterward, in perfect +calmness, he swallowed the medicine. Meanwhile, Dr. Cabell, who +greatly loved him, went out upon the lawn, and in his grief threw +himself down upon the earth under one of the trees, weeping bitterly. +Soon, when he had sufficiently mastered himself, the doctor came back +to his patient, whom he found calmly watching the congealing of the +blood under his finger-nails, and speaking words of love and peace to +his family, who were weeping around his chair. Among other things, he +told them that he was thankful for that goodness of God, which, having +blessed him through all his life, was then permitting him to die +without any pain. Finally, fixing his eyes with much tenderness on his +dear friend, Dr. Cabell, with whom he had formerly held many arguments +respecting the Christian religion, he asked the doctor to observe how +great a reality and benefit that religion was to a man about to die. +And after Patrick Henry had spoken to his beloved physician these few +words in praise of something which, having never failed him in all his +life before, did not then fail him in his very last need of it, he +continued to breathe very softly for some moments; after which they +who were looking upon him saw that his life had departed. + + +FOOTNOTES: + +[465] Henry Adams, _Life of J. Randolph,_ 27-28. + +[466] _Writings of Washington_, xi. 557-559. + +[467] _Works of John Adams_, ix. 162; viii. 641-642. + +[468] _Writings of Washington_, xi. 387-391. + +[469] Garland, _Life of John Randolph_, 130. + +[470] Fontaine, MS. + +[471] The alien and sedition acts. + +[472] Wirt, 393-395. + +[473] _Hist. Mag._ for 1873, 353. + +[474] Henry Adams, _John Randolph_, 29. + +[475] J. W. Alexander, _Life of A. Alexander_, 188-189. About this +whole scene have gathered many myths, of which several first appeared +in a Life of Henry, in the _New Edinb. Encycl._ 1817; were thence +copied into Howe, _Hist. Coll. Va._ 224-225; and have thence been +engulfed in that rich mass of unwhipped hyperboles and of unexploded +fables still patriotically swallowed by the American public as +American history. + +[476] Henry Adams. + +[477] Fontaine, MS. + + + + +LIST OF PRINTED DOCUMENTS + +CITED IN THIS BOOK, WITH TITLES, PLACES, AND DATES OF THE EDITIONS +USED. + + + ADAMS, CHARLES FRANCIS. (See John Adams.) + + ADAMS, HENRY, The Life of Albert Gallatin. Philadelphia: 1880. + + ADAMS, HENRY, John Randolph. Am. Statesmen Series. Boston: 1882. + + ADAMS, JOHN. (See Novanglus, etc.) + + ADAMS, JOHN, Letters of, Addressed to his Wife. Ed. by Charles + Francis Adams. 2 vols. Boston: 1841. + + ADAMS, JOHN, The Works of. Ed. by Charles Francis Adams. 10 vols. + Boston: 1856. + + ADAMS, SAMUEL, Life of. (See Wm. V. Wells.) + + ALEXANDER, JAMES W., The Life of Archibald Alexander. New York: + 1854. + + American Archives. (Peter Force.) 9 vols. Washington: 1837-1853. + + The American Quarterly Review. Vol. i. Philadelphia: 1827. + + BANCROFT, GEORGE, History of the United States. 10 vols. Boston: + 1870-1874. + + BANCROFT, GEORGE, History of the United States. The Author's Last + Revision. 6 vols. New York: 1883-1885. + + BANCROFT, GEORGE, History of the Formation of the Constitution of + the United States of America. 2 vols. New York: 1882. + + BLAND, RICHARD, A Letter to the Clergy of Virginia, n. p. 1760. + + BROUGHAM, HENRY, LORD, The Life and Times of, Written by himself. 3 + vols. New York: 1871. + + BURK, JOHN (DALY), The History of Virginia. 4 vols. Petersburg: + 1804-1816. Last volume by Skelton Jones and Louis Hue Girardin. + + BYRD, WILLIAM, Byrd Manuscripts. 2 vols. Richmond: 1866. + + Calendar of Virginia State Papers. Vol. ii. Richmond: 1881. + + CAMPBELL, CHARLES, The Bland Papers: Being a Selection from the + Manuscripts of Colonel Theodorick Bland, Jr. 2 vols. Petersburg: + 1840. + + CAMPBELL, CHARLES, History of the Colony and Ancient Dominion of + Virginia. Philadelphia: 1860. + + Collections of the Connecticut Historical Society. Vol. ii. + Hartford: 1870. + + Colonel George Rogers Clark's Sketch of his Campaign in the Illinois + in 1778-79. Cincinnati: 1869. + + COOKE, JOHN ESTEN, Virginia: A History of the People. (Commonwealth + Series.) Boston: 1884. + + COOLEY, THOMAS M. (See Joseph Story.) + + Correspondence of the American Revolution. Edited by Jared Sparks. 4 + vols. Boston: 1853. + + CURTIS, B. R., Reports of Decisions in the Supreme Court of the + United States. Boston: 1855. + + CURTIS, GEORGE TICKNOR, History of the Origin, Formation, and + Adoption of the Constitution of the United States. 2 vols. + London and New York: 1854, 1858. + + CURTIS, GEORGE TICKNOR, Life of Daniel Webster. New York: 1872. + + DE COSTA, B. F. (See William White.) + + DICKINSON, JOHN, The Political Writings of. 2 vols. Wilmington: + 1801. + + ELLIOT, JONATHAN, The Debates in the Several State Conventions, on + the adoption of the Federal Constitution, etc. 5 vols. + Philadelphia: 1876. + + EVERETT, ALEXANDER H., Life of Patrick Henry. In Sparks's Library of + Am. Biography. 2d series, vol. i. Boston: 1844. + + FROTHINGHAM, RICHARD, The Rise of the Republic of the United States. + Boston: 1872. + + GALES, JOSEPH, The Debates and Proceedings in the Congress of the + United States. 2 vols. Washington: 1834. + + GALLATIN, ALBERT. (See Henry Adams.) + + GARLAND, HUGH A., The Life of John Randolph of Roanoke. 2 vols. New + York: 1860. + + GIBBS, GEORGE, Memoirs of the Administrations of Washington and John + Adams, edited from the Papers of Oliver Wolcott. New York: + 1846. + + GIRARDIN, LOUIS HUE. (See John Burk.) + + GORDON, WILLIAM, History of the Rise, Progress, and Establishment of + the Independence of the United States of America; including an + account of the Late War, and of the Thirteen Colonies from their + origin to that period. 3 vols. New York: 1789. + + GRIGSBY, HUGH BLAIR, The Virginia Convention of 1776. Richmond: + 1855. + + HAMILTON, ALEXANDER, Works of. Edited by John C. Hamilton. 7 vols. + New York: 1850-1851. + + HANSARD, T. C., The Parliamentary History of England. Vol. xviii. + London: 1813. + + HAWKS, FRANCIS L., Contributions to the Ecclesiastical History of + the United States of America. Vol. i. New York: 1836. + + HENING, WILLIAM WALLER, The Statutes at Large: Being a Collection of + all the Laws of Virginia. 13 vols. Richmond, New York, and + Philadelphia: 1819-1823. + + HENRY, PATRICK, Life of. (See Wirt, William, and Everett, Alexander + H.) + + HENRY, WILLIAM WIRT, Character and Public Career of Patrick Henry. + Pamphlet. Charlotte Court-house, Va.: 1867. + + HENRY, WILLIAM WIRT, Patrick Henry: Life, Correspondence, and + Speeches. 3 vols. New York: 1891. + + HERRING, JAMES. (See National Portrait Gallery.) + + HILDRETH, RICHARD, The History of the United States of America. 6 + vols. New York: 1871-1874. + + The Historical Magazine, and Notes and Queries Concerning the + Antiquities, History, and Biography of America. (Henry B. + Dawson.) Vol. ii. 2d series, and vol. ii. 3d series. Morrisania: + 1867 and 1873. + + HOWE, HENRY, Historical Collections of Virginia. Charleston: 1845. + + HOWISON, ROBERT R., A History of Virginia. Vol. i. Philadelphia: + 1846. Vol. ii. Richmond, New York, and London: 1848. + + IREDELL, JAMES, Life of. (See McRee, G. J.) + + JAY, WILLIAM, The Life of John Jay. 2 vols. New York: 1833. + + JEFFERSON, THOMAS, Notes on the State of Virginia. Philadelphia: + 1825. + + JEFFERSON, THOMAS, The Writings of. Ed. by H. A. Washington. 9 vols. + New York: 1853-1854. + + JEFFERSON, THOMAS, Life of. (See H. S. Randall.) + + JONES, SKELTON. (See John Burk.) + + Journal of the House of Delegates of the Commonwealth of Virginia. + (From 1777 to 1790.) 3 vols. Richmond: 1827-1828. + + KENNEDY, JOHN P., Memoirs of the Life of William Wirt. 2 vols. + Philadelphia: 1850. + + LAMB, GENERAL JOHN, Memoir of. (See Leake, Isaac Q.) + + LAMB, MARTHA J. (See Magazine of American History.) + + LEAKE, ISAAC Q., Memoir of the Life and Times of General John Lamb. + Albany: 1850. + + LEE, CHARLES CARTER. (See Lee, Henry, Observations, etc.) + + LEE, HENRY, Observations on the Writings of Thomas Jefferson, with + Particular Reference to the Attack they contain on the Memory of + the late Gen. Henry Lee. In a series of Letters. Second ed., + with an Introduction and Notes by Charles Carter Lee. + Philadelphia: 1839. + + LEE, RICHARD HENRY. (See Richard Henry Lee, 2d.) + + LEE, RICHARD HENRY, 2d, Memoir of the Life of Richard Henry Lee. 2 + vols. Philadelphia: 1825. + + LEE, RICHARD HENRY, 2d, Life of Arthur Lee, LL. D. 2 vols. Boston: + 1829. + + LEONARD, DANIEL. (See Novanglus, etc.) + + LONGACRE, JAMES B. (See National Portrait Gallery.) + + MACKAY, CHARLES, The Founders of the American Republic. Edinburgh + and London: 1885. + + MACMASTER, JOHN BACH, History of the People of the United States. 2 + vols. New York: 1883-1885. + + MCREE, GRIFFITH J., Life and Correspondence of James Iredell. 2 + vols. New York: 1857-1858. + + MADISON, JAMES, The Papers of. 3 vols. Washington: 1840. + + MADISON, JAMES, Letters and Other Writings of. 4 vols. Philadelphia: + 1867. + + MADISON, JAMES, Life and Times of. (See William C. Rives.) + + The Magazine of American History, with Notes and Queries. Ed. by + Martha J. Lamb. Vol. xi. New York: 1884. + + MAGRUDER, ALLAN B., John Marshall. (Am. Statesmen Series.) Boston: + 1885. + + MARSHALL, JOHN, The Life of George Washington. 5 vols. + Philadelphia: 1804-1807. + + MARSHALL, JOHN. (See Magruder, Allan B.) + + MAURY, ANN, Memoirs of a Huguenot Family. New York: 1872. + + MEADE, WILLIAM, Old Churches, Ministers, and Families of Virginia. 2 + vols. Philadelphia: 1872. + + The National Portrait Gallery of Distinguished Americans, Conducted + by James B. Longacre and James Herring. 2d vol. Philadelphia, + New York, and London: 1835. + + Novanglus and Massachusettensis; or, Political Essays Published in + the years 1774 and 1775. Boston: 1819. + + PERRY, WILLIAM STEVENS, Historical Collections relating to the + American Colonial Church. Vol. i. Virginia. Hartford: 1870. + + PEYTON, J. LEWIS, History of Augusta County, Virginia. Staunton: + 1882. + + Prior Documents. A Collection of Interesting, Authentic Papers + relative to the Dispute between Great Britain and America, + Shewing the Causes and Progress of that Misunderstanding from + 1764 to 1775. (Almon.) London: 1777. + + The Proceedings of the Convention of Delegates for the Counties and + Corporations in the Colony of Virginia, Held at Richmond Town, + in the County of Henrico, on the 20th of March, 1775. Richmond: + 1816. + + RANDALL, HENRY STEPHENS, The Life of Thomas Jefferson. 3 vols. New + York: 1858. + + RANDOLPH, JOHN. (See Adams, Henry, and Garland, Hugh A.) + + REED, WILLIAM B., Life and Correspondence of Joseph Reed. 2 vols. + Philadelphia: 1847. + + RIVES, WILLIAM C., History of the Life and Times of James Madison. + Boston: Vol. i. 2d ed. 1873. Vol. ii. 1870. Vol. iii. 1868. + + ROWLAND, KATE MASON, The Life of George Mason, Including his + Speeches, Public Papers, and Correspondence, with an + Introduction by General Fitzhugh Lee. 2 vols. New York: 1892. + + SLAUGHTER, REV. PHILIP, A History of St. Mark's Parish, Culpeper + County, Virginia, n. p. 1877. + + SPARKS, JARED. (See Corr. Am. Revolution, and Washington, Writings + of.) + + STORY, JOSEPH, Commentaries of the Constitution of the United + States. Ed. by Thomas M. Cooley. 2 vols. Boston: 1873. + + TYLER, LYON G., The Letters and Times of the Tylers. 2 vols. + Richmond: 1884-1885. + + The Virginia Historical Register and Literary Note-Book. Vol. iii. + Richmond: 1850. + + Virginia State Papers, Calendar of. Vol. ii. Richmond: 1881. + + WASHINGTON, GEORGE, The Writings of; Being his Correspondence, + Addresses, Messages, and Other Papers, Official and Private; + Selected and Published from the Original Manuscripts, with a + Life of the Author, Notes, and Illustrations. Edited by Jared + Sparks. 12 vols. Boston and New York: 1834-1847. + + WASHINGTON, GEORGE, Life of. (See John Marshall.) + + WASHINGTON, H. A. (See Jefferson, Thomas, Writings of.) + + WEBSTER, DANIEL, Life of. (See Geo. Ticknor Curtis.) + + WELLS, WILLIAM V., The Life and Public Services of Samuel Adams. 3 + vols. Boston: 1865. + + WHITE, WILLIAM, Memoirs of the Protestant Episcopal Church in the + United States of America. Ed. by B. F. De Costa. New York: 1880. + + WIRT, WILLIAM, Sketches of the Life and Character of Patrick Henry. + Third ed., corrected by the Author. Philadelphia: 1818. + + WIRT, WILLIAM, Life of. (See Kennedy, John P.) + + WISE, HENRY A., Seven Decades of the Union. Philadelphia: 1872. + + + + +INDEX + + + Adams, John, on Henry's confession of illiteracy, 12; + early recognizes Henry's importance, 88; + describes enthusiasm of Virginians over oratory of Henry and Lee, 101; + describes social festivities at Philadelphia, 104-106; + in Congress asks Duane to explain motion to prepare regulations, 108; + describes Henry's first speech, 110; + debates method of voting in Congress, 110; + gives summary of Henry's speech against Galloway's plan, 116; + on committee to prepare address to the king, 117; + forms a high opinion of Henry's abilities, 124; + discusses with Henry the probability of war, 125; + on Henry's apparent profanity, 126; + has brief military aspirations, 154; + envious of military glory, 154; + on committees in second Continental Congress, 172, 175; + as likely as Henry to have been a good fighter, 188; + but unlike him in not offering, 188; + urged by Henry to advocate French alliance, 199; + on importance of Virginia's action in adopting a constitution, 201; + advocates a democratic constitution in "Thoughts on Government," 202; + praised for it by Henry, 204-206; + his complimentary reply, 206; + comments on Virginia aristocrats, 207; + his friendship with Henry, 397; + becomes president, 407; + sends French mission, 411, 412; + appoints Henry envoy to France, 412; + thanked by Henry, 412. + + Adams, Samuel, member of first Continental Congress, 108; + of the second, 173; + friendship of Henry for, 206; + unfavorable to federal Constitution, 330. + + Alexander, Rev. Archibald, of Princeton, analyzes Henry's success + as a jury lawyer, 370; + gives anecdotes of his success, 371-375. + + Alsop, John, member of second Continental Congress, 173. + + Arnold, Benedict, commands marauding expedition in Virginia, 278. + + Articles of Confederation, their weakness deplored by Henry, 305; + plans of Henry and others to strengthen, 305, 306. + + Assembly, General, of Virginia. See Legislature. + + Atherton, Joshua, opposes federal Constitution, 330. + + Atkinson, Roger, describes Virginia delegates in Continental Congress, + 102. + + Aylett, Mrs. Betsy, letter of Henry to, describing his political + opinions, in 1796, 405. + + + Baker, Counsellor, opposes Henry in British debts case, 362. + + Baptists, petition convention for religious liberty, 209; + congratulate Henry on his election as governor, 216; + his reply, 217. + + Bar of Virginia, examination for, 22-25; + its ability, 90; + leaders of, 93; + opposes, as a rule, the federal Constitution, 319; + its eminence and participation in British debts case, 360. + + Barrell, William, entertains delegates to first Continental Congress, + at his store, 106. + + Bayard, ----, entertains John Adams at first Continental Congress, 105. + + Bernard, Sir Francis, describes exciting effect of Virginia Resolves + in Boston, 82. + + Bill of Rights, the demand for in the new federal Constitution, 324, + 325, 326, 331; + secured in first ten amendments, 354, 355. + + Blair, Archibald, draws forth Henry's opinions on American foreign + policy, 409. + + Blair, John, prominent in Virginia bar, 93; + on committee to notify Henry of his election as governor, 212; + tries British debts case, 362. + + Bland, Richard, on committee to protest against Stamp Act, 66; + believes submission inevitable, 67; + opposes Henry's Virginia Resolves, 71; + loses leadership to Henry, 89; + leader of conservatives, 95; + appointed delegate to Continental Congress, 99; + described by Atkinson, 102; + by John Adams, 106; + in debate on manner of voting, 112; + opposes Henry's motion to arm militia, 137; + on committees, 152; + in convention of 1776, 190; + on committee to draft bill of rights and constitution, 200. + + Bland, Theodoric, opposes ratification of federal Constitution, 320; + presents to Congress Virginia's appeal for a new federal convention, + 354. + + Bland, Theophilus, letter of Tucker to, sneering at Henry, 269. + + Bloodworth, Timothy, of North Carolina, opposes federal Constitution, + 330. + + Boston Port Bill, its day of going into operation made a public fast + day by Virginia Assembly, 97. + + Boyce, Captain, asks Washington, through Henry, for a letter, 301. + + Braxton, Carter, wishes an aristocratic state constitution in Virginia, + 201; + recommends a pamphlet in favor of such a government, 203, 206; + condemned by Henry, 204, 206. + + Breckenridge, ----, against Henry in murder trial, 376. + + British debts case, cause for the action, 359, 360; + question at issue, did treaty of 1783 override a Virginia sequestration + act, 360; + the counsel, 360; + Henry's preparation for, 361, 362; + first trial and Henry's speech, 362-364; + intense popular interest, 363; + second trial before Chief Justice Jay and Justice Iredell, 364-367; + comparison of Henry's and Marshall's pleas, 366; + Iredell's opinion, 367. + + Brougham, Lord, third cousin of Patrick Henry, 3; + resemblance between the two orators, 3, 4. + + Burgesses, House of. See Legislature of Virginia. + + Burgoyne, John, his campaign and capture, 240. + + Burke, Aedanus, opposed to federal Constitution, 330. + + Butler, Bishop Joseph, his "Analogy" Henry's favorite book, 20, 391; + an edition printed and distributed by Henry to counteract skepticism, + 394. + + Byrd, William, of Westover, describes Sarah Syme, Henry's mother, 1, 2. + + + Cabell, Dr. George, Henry's physician in his last illness, 421, 422. + + Cadwallader, John, entertains John Adams at first Continental Congress, + 105. + + Campbell, Alexander, with Henry in British debts case, 360. + + Carrington, Clement, son of Paul, explains Henry's military defect to + be lack of discipline, 187. + + Carrington, Edward, on Henry's desire for disunion in 1788, 317. + + Carrington, Paul, friendly with Henry at time of Virginia Resolutions, + 74; + on committee of convention to frame Constitution, 200. + + Carrington, Paul, Jr., opposes Henry in a murder case, 372, 373. + + Carter, Charles, of Stafford, on committee of Virginia convention, 152. + + Carter, Landon, on committee to prepare remonstrances against Stamp Act, + 66; + deplores to Washington the number of inexperienced men in Virginia + convention of 1776, 191; + writes to Washington sneering at Henry's military preparations, 222, + 223. + + Cary, Archibald, on committee of Virginia convention, 152; + in convention of 1776, 190; + on committee to draft constitution and bill of rights, 200; + reports plan to the convention, 210; + his reported threat to kill Henry if he should be made dictator, 226; + another version, 234. + + Chase, Samuel, member of first Continental Congress, 108; + overwhelmed at first by Lee's and Henry's oratory, 119; + later discovers them to be mere men, 119; + opposed to federal Constitution, 330. + + Chatham, Lord, praises state papers of first Continental Congress, 117; + his death, 240. + + Christian, William, on committee for arming Virginia militia, 151; + with Henry in flight from Tarleton, 281, 282. + + Clapham, Josias, on committee of Virginia convention, 152. + + Clark, George Rogers, sent by Henry to punish Northwestern Indians, 258; + success of his expedition described by Henry, 258-260, 263. + + Clergy of Virginia, paid in tobacco by colony, 37; + their sufferings from fluctuations in its value, 38; + their salaries cut down by Option Laws, 40, 41; + apply in vain to governor, 43; + appeal to England, 44; + bring suits to secure damages, 44. + See Parsons' Cause. + + Clinton, George, opposes federal Constitution, 330; + his letter answered by Henry, 353. + + Collier, Sir George, commands British fleet which ravages Virginia, 257, + 264, 267. + + Collins, ----, calls on John Adams, 105. + + Committee of Correspondence, established, 96. + + Committee of Safety, of Virginia, given control of Virginia militia, 177; + ignores Henry's nominal command, and keeps him from serving in field, + 180, 181; + causes for its action, 184-187. + + Congress, Continental, called for by Virginia Burgesses, 98; + delegates elected to in Virginia, 99; + members of described, 101-108; + convivialities attending session, 104-106; + holds first meeting and plans organization, 107-111; + debates method of voting, 108, 111-113; + elects a president and secretary, 107, 108; + resolves to vote by colonies, 113; + appoints committee to state grievances, and others, 113, 114; + absence of reports of its action, 114; + debates and rejects Galloway's plan of union, 115, 116; + discusses non-importation, 117; + appoints committees to draft state papers, 117, 118; + rejects Lee's draft of address to king, 118; + mythical account of proceedings in by Wirt, 119-122; + fails, according to Adams, to appreciate dangers of situation, 124; + warns people to be prepared for war, 129; + selects Washington for commander-in-chief, 152, 153; + second Congress convenes in 1775, 166; + its proceedings secret and reports meagre, 168, 171-172; + question as to Henry's behavior in, 168-170; + the important questions decided by it, 170, 171; + committees in, 172-175; + adjourns, 176; + decides to adopt Virginia troops, 181; + sends Henry a colonel's commission, 181; + urged by Virginia to declare independence, 197; + flies from Philadelphia, 230; + cabal in against Washington, 242-250; + reports of Henry to, concerning sending militia south, 260-262; + and concerning Matthews' invasion, 264-266. + + Congress of the United States, reluctantly led by Madison to propose + first ten amendments, 354-355. + + Connecticut, prepares for war, 131, 133. + + Constitution of the United States, convention for forming it called, 309; + opposition to in South for fear of unfriendly action of Northern + States, 309-311; + refusal of Henry to attend convention, 310-312; + formed by the convention, 313; + its adoption urged upon Henry by Washington, 313; + struggle over its ratification in Virginia, 314-338; + at outset favored by majority in Virginia, 315; + campaign of Henry, Mason, and others against, 316, 317; + opposed by Virginia bar and bench, 319; + struggles in the convention, 320-338; + Henry's objections to, 322-330; + policy of opposition to work for amendments, 330; + ratified by convention with reservation of sovereignty, 331, 332; + obedience to it promised by Henry for his party, 332, 333; + struggle for amendments, 339-356; + difficulties in amending, 339, 340; + doubts expressed by Henry of its possibility, 341; + organization of a party to agitate for amendments, 341-345; + Virginia demands a new convention, 347-350; + twelve amendments proposed by Congress, 354; + this action probably due to Virginia's demands, 355, 356. + + Constitution of Virginia, its adoption, 200-211; + its democratic character, 211. + + Convention of Virginia. See Legislature. + + Conway, General Thomas, praised in anonymous letter to Henry, 244; + his cabal against Washington, 250. + + Conway cabal, its origin, 242; + attempts to prejudice Henry against Washington, 243-246; + explained by Washington to Henry, 248-250; + supposed connection of R. H. Lee with, discredits him in Virginia, + 252, 253. + + Cootes, ----, of James River, laments Henry's treasonable speech in + Parsons' Cause, 58, 59. + + Corbin, Francis, favors ratification of federal Constitution, 320. + + Corbin, Richard, on Dunmore's order pays for gunpowder, 161. + + Cornwallis, Lord, defeats Greene at Guilford, 278; + invades Virginia, 279; + sends Tarleton to capture the legislature, 279. + + Cushing, Thomas, member of second Continental Congress, 174. + + Custis, John, informs Henry of Conway cabal, 247. + + + Dandridge, Bartholomew, on committee to notify Henry of his election as + governor, 212. + + Dandridge, Dorothea, second wife of Patrick Henry, 241; + on his religious habits, 392. + + Dandridge, Colonel Nathan, Jefferson meets Henry at house of, 8. + + Dandridge, Nathaniel West, contests seat of Littlepage, 61; + employs Henry as counsel, 61. + + Davies, William, letter to concerning dictatorship in 1781, 286. + + Dawson, John, assists Henry in debate on ratifying federal Constitution, + 320. + + Deane, Silas, describes Southern delegates to first Continental Congress, + especially Patrick Henry, 114, 115; + on committees of second Continental Congress, 173, 174. + + Democratic party, disliked by Henry for its French sympathies, 397; + its attempt in Congress to block Jay treaty condemned by Henry, 405; + its subserviency to France and defiance of government denounced by + Henry, 409. + + Dickinson, John, meets John Adams at first Continental Congress, 105, + 106; + on committee to prepare address to the king, 117; + prepares final draft of address, 118; + thinks war inevitable, 130. + + Dictatorship, supposed projects for in Virginia during Revolution in + 1776, 223-235; + in 1781, 285-287; + real meaning of term in those years, 227-229. + + Digges, Dudley, in Virginia convention of 1776, 190; + on committee to draft bill of rights and constitution, 200; + on committee to notify Henry of his election as governor, 212. + + Dresser, Rev. Charles, on Henry's religious habits, 392. + + Duane, James, member of first Continental Congress, 108; + moves a committee to prepare regulations for voting, 108; + favors Galloway's plan of home rule, 115; + on committee of second Continental Congress, 172. + + Dunmore, Lord, dissolves House of Burgesses for protesting against + Boston Port Bill, 97; + makes a campaign against Indians, 131; + reports to home government the military preparations of Virginia, 133; + sends force to seize gunpowder, 156; + alarmed at advance of Henry's force, 160; + offers to pay for gunpowder, 160; + issues a proclamation against Henry, 162, 163; + suspected of intention to arrest him, 166; + describes to General Howe his operations against rebels, 178, 179; + his palace occupied by Henry, 214. + + + Education in Virginia, 5. + + Ellsworth, Oliver, appointed envoy to France, 412. + + Episcopal Church, established in Virginia, 37; + its increasing unpopularity, 43, 57; + virtually disestablished by declaration of rights, 209; + its incorporation proposed by Henry, 294; + Henry a member of, 391, 392. + + + Fauquier, Governor Francis, condemns Henry's speech against the Stamp + Act, 86. + + Federalist party, at first viewed with suspicion by Henry, 397; + later sympathized with by him, 398, 399; + sincerity of its leaders in offering Henry office questioned by + Jefferson, 404; + its folly in passing alien and sedition acts, 408. + + Fleming, John, Henry's assistant in introducing the Virginia Resolves, + 69. + + Fontaine, Edward, gives Roane's description of Henry's speech for + organizing militia, 146, 150. + + Fontaine, Mrs. Martha, with Henry in last illness, 421. + + Fontaine, Colonel Patrick Henry, statement as to Henry's classical + training, 15; + finds his examinations rigorous, 16; + tells story of his grandfather's conversation in Latin with a French + visitor, 16, 17; + describes his grandfather's preparation in British debts case, 361; + describes his abstemiousness, 386. + + Ford, John, defended by Henry in a murder case, 374, 375. + + France, alliance with desired by Henry as preliminary to declaring + independence, 194, 198, 199; + discussed by Charles Lee, 195; + adherence to, advocated strongly by Henry, 254, 255; + infidelity of, combated by Henry, 393; + its quarrel with United States during Adams's administration, 407-412; + its conduct toward Marshall, Pinckney, and Gerry condemned by Henry, + 409, 410; + commission to, nominated by Adams, 412. + + Franklin, Benjamin, on committee with Henry in second Continental + Congress, 174, 175. + + Frazer, ----, recommended to Washington by Henry, 175. + + Free trade, advocated by Henry, 291, 292. + + French Revolution, effect of its excesses on Henry and others, 398; + its infidelity condemned by Henry, 409. + + + Gadsden, Christopher, at Continental Congress, meets John Adams, 104, + 105; + a member of Congress, 108; + in debate on manner of voting, 112; + on gunpowder committee of second Continental Congress, 175. + + Gage, General Thomas, describes the exciting effect of the Virginia + Resolves over the continent, 82. + + Gallatin, Albert, his alleged Latin conversation with Henry, 16, 17. + + Galloway, Joseph, meets John Adams at first Continental Congress, 105; + a member of it, 108; + offers plan of reconciliation with England, 115; + its close approach to success, 115. + + Gardoqui, ----, Spanish envoy, negotiates with Jay respecting navigation + of the Mississippi, 307, 308. + + Gates, General Horatio, cabal to place him in supreme command, 242, 250; + praised in anonymous letter to Henry, 244; + consoled after battle of Camden by Virginia Assembly 277. + + Genet, Edmond Charles, upheld by Jefferson and Madison, 397. + + Gerry, Elbridge, opposes adoption of federal Constitution, 330. + + Gerrymandering, employed in 1788 against Madison in Virginia, 351, 352. + + Girardin, Louis Hue, in his continuation of Burk's "History of Virginia," + written under Jefferson's supervision, accuses Henry of plan to + establish a dictatorship in 1776, 225; + says the same for the year 1781, 285. + + Gordon, Rev. William, describes circulation of the Virginia resolutions + in the Northern colonies, 80. + + Grayson, William, opposes ratification of federal Constitution, 320; + assists Henry in debate, 320; + elected senator at Henry's dictation, 350, 353. + + Greene, General Nathanael, beaten at Guilford, 278; + considered as possible dictator in 1781, 286. + + Griffin, Judge Cyrus, tries British debts case, 362, 364. + + Grigsby, Hugh Blair, considers Wirt's version of Henry's speech for + arming militia apocryphal, 149; + but admits that outline is authentic, 150; + reports statement of Clement Carrington regarding Henry's military + failings, 187; + on the injustice of Henry's treatment, 188. + + + Hamilton, Alexander, urges magnanimous treatment of Tories, 289; + letter of Madison to, warning of Henry's intention to defeat operation + of Constitution, 344; + his financial schemes disapproved by Henry, 397. + + Hamilton, Colonel Henry, governor of Detroit, 259. + + Hampden-Sidney College, 16; + suspends work to hear Henry's last speech, 415. + + Hancock, John, his military aspirations, 153, 154; + doubtful about federal Constitution, 330. + + Hardwicke, Lord, declares Virginia option law invalid, 44. + + Harrison, Benjamin, on committee to remonstrate against Stamp Act, 66; + appointed delegate to Continental Congress, 99; + described by John Adams, 106; + opposes Henry's motion in Virginia convention to organize militia, 137; + on committee to arm militia, 151; + on other committees, 152; + returns to Virginia convention, 176; + his flight from Tarleton, 281, 282; + denounces Constitution as dangerous, 319, 322; + assists Henry in debate, 320. + + Harvey, "Butterwood Tom," his evidence assailed by Henry in a murder + trial, 374, 375. + + Hawley, Joseph, his letter prophesying war read by John Adams to Henry, + 125. + + Henry, David, manager of "Gentleman's Magazine," kinsman of Henry, 3. + + Henry, John, marries Sarah Syme, 2; + father of Patrick Henry, 2; + his education and character, 2, 3; + distinguished Scotch relatives, 3; + educates his son, 6, 13; + sets him up in trade, 6; + after his failure and marriage establishes him on a farm, 7; + hears his son's speech in Parsons' Cause, 49, 50. + + Henry, Patrick, his birth, 2; + ancestry and relatives, 2-5; + education, 5, 6; + apprenticed at fifteen to a tradesman, 6; + fails in business with his brother, 6; + marries Sarah Skelton, 7; + established as planter by relative and fails, 7; + again tries store-keeping and fails, 8; + not cast down by embarrassments, 8, 9; + decides to study law, 9; + discussion of his alleged illiteracy, 10-19; + his pronunciation, 10, 11; + habits of self-depreciation, 11, 12; + his teachers, 13, 15; + knowledge of Latin and Greek, 13, 15; + mastery of language, 13; + signs of culture in his letters, 14; + anecdotes illustrating his knowledge of Latin, 16, 17; + his taste for reading, 18; + fondness for history, 19; + liking for Butler's "Analogy" and the Bible, 20; + his natural qualifications for the law, 21; + studies law, 22; + goes to Williamsburg to be examined, 22; + Jefferson's stories of his difficulties in passing examination, 23; + his own statement, 24, 25; + returns to Hanover to practice law, 25; + lives in his father-in-law's tavern, 26; + not a "barkeeper," 26; + not dependent on his father-in-law, 27; + stories of his lack of practice, 27; + their falsity shown by record of his numerous cases, 27, 28; + statements by Wirt and Jefferson as to his ignorance, 29, 30; + their impossibility, 31, 32, 34; + proof of technical character of his practice, 32; + his legal genius, 34; + becomes celebrated through "Parsons' Cause," 36; + undertakes to defend vestrymen in suit for damages, 46; + insists on acceptance of a jury of common people, 47; + description of his speech by Wirt, 49-52; + its overwhelming effect, 51, 52; + description by Maury, 53, 54; + denies royal authority to annul colonial laws, 54; + apologizes to Maury, 55, 57; + not really an enemy of the clergy, 56, 57; + his geniality, 58; + popularity with the masses in Virginia, 59; + gains great reputation and increased practice, 60; + goes to Williamsburg as counsel in contested election case, 60; + despised by committee on account of appearance, 61; + his speech, 61. + _Member of Virginia Legislature._ + Elected representative from Louisa County, 62; + attacks in his first speech a project for a corrupt loan office, 64; + introduces resolutions against Stamp Act, 69; + his fiery speeches in their behalf, 72, 73; + after their passage leaves for home, 74; + neglects to preserve records of his career, 77; + the exception his care to record authorship of Virginia resolutions, + 78; + leaves a sealed account together with his will, 83, 84, 85; + doubts as to his authorship, 84, note; + condemned in Virginia by the officials, 86; + denounced by Governor Fauquier, 86; + and by Commissary Robinson, 86, 87; + begins to be known in other colonies, 88; + gains immediate popularity in Virginia, 88, 89; + becomes political leader, 90; + his large law practice, 91, 92; + buys an estate, 91; + his great success in admiralty case, 93; + succeeds to practice of R. C. Nicholas, 93, 94; + evidence of high legal attainments, 94; + leads radical party in politics, 95; + his great activity, 96; + member of Committee of Correspondence, 96; + leads deliberations of Burgesses over Boston Port Bill, 98; + appointed delegate to Continental Congress, 99; + member of convention of county delegates, 100. + _Member of Continental Congress._ + His journey to Philadelphia, 100, 101; + his oratory heralded by associates, 101; + described by Atkinson, 102; + speaks in favor of committee to settle method of voting, 110; + protests against small colonies having equal vote with large, 111; + urges that old constitutions are abolished, 112; + wishes proportional representation, excluding slaves, 112; + his speech not that of a mere rhetorician, 113, 114; + on committee on colonial trade and manufactures, 114; + opposes Galloway's plan, 116; + expects war, 116; + wishes non-intercourse postponed, 117; + on committee to prepare address to the king, 117; + his share in its composition, 117, 118; + on committee to declare rights of colonies, 118; + his practical ability not so extraordinary as his oratory, 119; + misrepresented as a mere declaimer, 120; + mythical account by Wirt of an impressive speech, 120-121; + asserted also to be author of rejected draft of address to the king, + 122; + and to be cast in the shade by more practical men, 122; + this passage a slander due to Jefferson, 123; + not considered a mere talker by associates, 124; + high tribute to his practical ability by John Adams, 124, 125; + agrees with Adams that war must come, 125; + allusion of his mother to him in 1774, 126; + fame of his speech for arming Virginia militia, 128; + danger of an overestimate, 129; + in Virginia convention offers resolutions to prepare for war, 134; + opposed by his political rivals, 137; + and by all who dreaded an open rupture, 138, 139; + his speech, 140-145; + description of Henry's manner by St. George Tucker, 143; + by Randall, 146; + by John Roane, 146-149; + question as to its authenticity, 149-151; + chairman of committee for arming militia, 151; + also on committees on public lands and on encouragement of + manufactures, 151, 152; + his possible expectations of a military career, 155; + summary of his military beginnings, 155, 156; + disgusted at failure of militia to resist Governor Dunmore's + seizure of gunpowder, 158; + wishes to emphasize situation by defying governor, 158; + rallies county militia and marches against him, 159; + receives protests from conservatives, 160; + reinforced by thousands, 160; + secures money compensation for gunpowder, 160; + gives receipt for it, 161; + offers to protect colonial treasurer, 161; + rebuffed by him, 162; + denounced in proclamation by Dunmore, 162, 163; + condemned by conservatives, 164; + thanked and applauded by county conventions, 164-166; + returns to Continental Congress, 166; + escorted by volunteer guard, 167; + said by Jefferson to have been insignificant in Congress, 168, 169; + falsity of his assertions, 169, 170; + their lack of probability, 171; + his activity proved by records of Congress, 172-175; + interested in Indian relations, 172; + on committees requiring business intelligence, 172, 173; + commissioner to treat with Indians, 174; + on committee to secure lead and salt, 174; + asks Washington to let a Virginian serve in army for sake of + acquiring military training, 175; + returns to Virginia, 176. + _Political Leader in Virginia._ + Resumes services in Virginia convention, 176; + purchases powder for colony, 176; + thanked by convention, 176; + appointed commander-in-chief of Virginia forces, 177; + his authority limited by convention and Committee of Safety, 177; + organizes troops, 178; + not permitted to lead attack on Dunmore, 180; + ignored by nominal subordinates, 180; + practically superseded by Colonel Howe of North Carolina, 180; + appointed colonel of a Virginia regiment, 181; + resigns, 181; + indignation of his officers and soldiers, 181-182; + persuades soldiers not to mutiny, 183; + again receives an address from officers of his own and other + regiments, 183, 184; + his military ability doubted by Committee of Safety, 185; + by Washington and others, 186; + lack of definiteness in criticisms, 186; + real defect seems to have been lack of discipline, 187; + never given a real chance to show his abilities, 188; + saddened by wife's death, 189; + reelected to Virginia convention, 190; + his followers oppose Pendleton for president, 191; + serves on all important committees, 192, 193; + presents numerous reports, 193; + eager for independence, 193; + but wishes first a colonial union and a foreign alliance, 194; + letter of Charles Lee to, on the subject, 194-196; + influences convention to instruct delegates to advocate all three + things, 197; + advocates colonial union and French alliance in letters to Lee and + Adams, 198; + willing to offer free trade, 199; + on committee to draft declaration of rights and plan of government, + 200; + leads party advocating a democratic constitution, 201; + complains of lack of assistance, 203; + fears aristocratic tendencies of committee, 203, 204-206; + thanks John Adams for his pamphlet, 205; + hearty letter of Adams in reply, 206, 207; + writes fifteenth and sixteenth articles of Virginia bill of rights, + 208; + elected governor of State, 211; + his letter of acceptance, 212-213; + takes oath of office and occupies Dunmore's palace, 214; + congratulated by his old troops, 214, 215; + by Charles Lee, 215; + by the Baptists of Virginia, 216, 217; + his reply to the latter, 217; + suffers from illness, 218; + moves family from Hanover to Williamsburg, 219; + seeks to maintain dignity of office, 219, 220; + continues in ill-health but resumes duties of office, 220; + receives letter from Washington advising preparations for defense, + 221; + his activity in military preparations, 222; + sneered at by his enemies, 222, 223; + alleged by Jefferson to have planned a "dictatorship," 223-225; + doubted by Wirt, 226; + real meaning of the term at that time only extraordinary power, + 227-229; + authorized by legislature in 1776 to exercise military powers in + emergency, 231, 232; + utter baselessness of Jefferson's charges against, 233; + has continued confidence of Assembly, 234; + reelected governor, 234; + issues proclamation urging Virginians to volunteer, 235; + labors to keep Virginia troops in field, 236; + sends a secret messenger to Washington for exact information, 236; + explains to Washington the difficulties of raising troops in + Virginia, 237, 238; + second letter accepting governorship, 239; + marries Dorothea Dandridge, 241; + his labors in trying to furnish supplies, 241; + great official correspondence, 241, 242; + his aid desired by Conway cabal, 243; + receives an anonymous letter against Washington, 243-245; + sends it to Washington with a warning, 245, 246; + sends second letter assuring him of his confidence, 247; + replies of Washington to, 248-250; + his strong friendship with Washington, 251, 252; + its significance in his later career, 251; + warns R. H. Lee of prejudices against him in Virginia, 252, 253; + despairs of public spirit in Virginia, 254; + urges adherence to French alliance and rejection of North's peace + offers, 255; + twice receives extraordinary powers in 1777, 256; + reelected to a third term, 256; his reply, 256; + reports the success of George R. Clark's expedition, 258-260; + again receives extraordinary powers, 260; + writes to president of Congress concerning military situation, + 260-262; + foresees shifting of British attack to Virginia, 262; + reports situation to Washington, 263; + reports Matthews's raid to Congress, 264-267; + issues a proclamation to warn State, 266; + declines reelection on ground of unconstitutionality, 268; + complimented by General Assembly, his reply, 268; + his administration sneered at by Tucker, 269; + complimented by Washington, 269, 270; + declines election to Congress, 271; + retires to his estate, Leatherwood, 272; + remains in retirement a year, 272; + writes despondent letter to Jefferson, 273-275; + chosen to General Assembly, 275; + at once assumes leadership, 275; + overwhelmed by committee work, 276; + again in later session, 276-278; + introduces resolutions to console Gates after Camden, 277; + introduces resolution authorizing governor to convene legislature + elsewhere in case of invasion, 278; + his flight with legislature from Tarleton's raid, 281; + ludicrous anecdotes of popular surprise at his flight, 282-284; + said by Jefferson to have been again considered for a dictatorship, + 285; + contrary evidence, 286, 287; + his further labors in sessions of 1782, 1783, 1784, 287; + again elected governor, 288; + difficulty of estimating his labors in legislature, 288; + favors rescinding of measures against Tories after war, 289; + his speech in their behalf, 290, 291; + urges economic benefits of their return, 291; + presents bill repealing acts against British goods, 292; + advocates free trade, 292; + wishes to solve Indian problem by encouraging intermarriage, 292, + 293; + almost succeeds in carrying bill to that effect, 293; + antagonizes popular opinion in the foregoing projects, and also in + religious liberality, 294; + his amazing mastery over the House, 294, 295; + his appearance in legislature described by Roane, 295-297; + more practical than Madison, 296; + superior to Madison and Lee in debate, 296; + death of his mother, 299; + brings his family from Leatherwood to Salisbury, 299; + his showy style of living, 300; + letter to Washington, 301; + urges him to accept shares in James and Potomac navigation companies, + 302; + declines a third term and retires, 302; + publicly thanked by delegates, 302; + resumes practice of law in Prince Edward County, 303; + returns to Assembly until 1790, 303; + continues popular leader, 303. + _Opponent of the Federal Constitution._ + His relation to the Constitution not understood, 298; + not an extreme advocate of state rights, 303; + an early advocate of a central authority, 304; + supports in the main the policy of strengthening the federal + government, 305; + proposes to Madison to "invigorate" the government, 305; + considered by Madison a "champion of the federal cause" until 1787, + 306; + learns of Jay's offer to surrender navigation of Mississippi, 307; + elected a delegate to the federal convention, 309; + refuses, because of the Mississippi scheme, to attend, 310, 311; + anxiety over his refusal, 311, 312; + receives appeal from Washington in behalf of Constitution, 313; + replies stating his disapproval, 313; + fears expressed that he would prevent calling of a state convention, + 314; + but considers one necessary, 315; + labors to turn public opinion against the Constitution, 315, 316; + said to favor disunion, 317; + his political methods censured by President Smith, 317; + leads opposition to Constitution in the convention, 320; + his great activity in debate, 321; + great ability of his arguments, 321; + not, in the convention at least, a disunionist, 322, 323; + willing to admit defects in Confederation, 323; + objects that a new Constitution was beyond powers of federal + convention, 324; + further holds that state sovereignty is threatened, 324; + objects that the individual is protected by no bill of rights, 325, + 326; + dreads implied powers, 327; + criticises the proposed government, 327; + considers the executive dangerous, 328, 329; + fears danger to popular liberties, 329; + wishes to submit matter to a new convention, 330; + failing that, wishes it postponed until a bill of rights be added, + 331; + foreseeing defeat, he promises submission to majority, 332; + effectiveness of his eloquence, 333, 334; + his unwillingness to debate regularly, 334; + provokes Randolph into accusing him of unparliamentary behavior, 335; + taunted by Stephen and others as a mere declaimer, 335; + the variety and effectiveness of his arguments, 335, 336; + episode of his speech in the thunder-storm, 336-338; + fears amendments cannot be adopted, 341; + begins a campaign for them, 341, 342; + urges formation of societies to agitate for a bill of rights, 342, + 343; + suspected by Madison of purpose to revoke ratification or block + action of Congress, 343, 344; + satisfaction produced by his announcement of submission, 344; + enters with zeal into plan for a second convention, 345; + gains complete control of Virginia Assembly, 346; + causes passage of resolutions asking Congress to call a national + convention, 346; + threatens to fight government unless amendments are adopted, 347; + condemned bitterly by Federalists, 347; + wishes to control Virginia delegation to Congress, 350; + prevents choice of Madison and dictates election of R. H. Lee and + Grayson as senators, 350; + his followers gerrymander the congressional districts, 351; + retires from the legislature, 352; + bitter comments on his action, 353; + fails to prevent election of Madison, 354; + probable effect of his action in leading Congress itself to propose + amendments, 355; + virtual success of his policy, 355, 356. + _In Retirement._ + Resumes practice of law, 357; + driven to it by debt, 357, 358; + prematurely old at fifty, 358; + in eight years succeeds in gaining wealth enough to retire, 358; + great demand for his services, 359; + his part in the British debts case, 359-367; + associated with Marshall, Campbell, and Innes, 360; + his laborious preparations for the trial, 361; + masters subject completely, 362; + description of his plea before the district court, 363; + description of his second plea in same case, 1793, 364-366; + complimented by Justice Iredell for ability of argument, 366, 367; + his even greater effectiveness in criminal cases, 367; + analysis by Wirt of his methods, 368; + another description of his eloquence by A. Alexander, 369-371; + description by Alexander of his part in a murder case, 371-375; + another murder case described by Roane, 375-378; + also his ability in the comic line, 377; + description of his powers in another murder trial by Conrad Speece, + 378-381; + retires permanently in 1794, 382; + lives at Long Island, and eventually settles at Red Hill, 382; + his successful investments, 383; + not rich through dishonorable means as suggested by Jefferson, 383; + his life at Red Hill, 384-395; + happy relations with his family, 384; + calmness of temper, 385; + unruffled by scurrilous attacks, 385, 386; + his advocacy of temperance, 386; + tries to introduce a substitute for wine, 386; + his dislike of tobacco, 387; + his elocutionary manner of directing negroes in the morning, 387; + his ownership of slaves and dislike of slavery, 388; + advocates emancipation, 389; + his hospitality, 389; + his modesty, 390; + tendency to plume himself on wealth, 390; + assists in education of children, 391; + his enjoyment of religious writings and sacred music, 391; + his religious character and habits, 391; + a member of the Episcopal Church, 392; + his anger at being called an infidel, 392; + alarmed at French skepticism, 393; + causes Butler's "Analogy" and other books to be distributed, 394; + writes a reply to Paine's "Age of Reason," but causes it to be + destroyed, 394, 395; + inserts an affirmation of his faith in his will, 395; + continues to take interest in current events, 395; + satisfied with the Constitution after the ten amendments, 396; + but finds it hard to approve at once the Federalist government, 397; + dislikes Hamilton's financial measures, 397; + gradually drawn toward Federalists and away from Jeffersonians, 398; + testimony of Iredell to his liberality, 398; + declines appointment as United States senator, 398; + believes that Washington considers him an enemy, 399; + reconciled to Washington by Henry Lee, 399; + his letter to Lee, 400, 401; + dislikes democratic societies, 401; + offered position as secretary of state, 402; + declines it, 402; + receives from Washington through Lee an offer of chief justiceship, + 402, 403; + Washington's anxiety for his acceptance, 403; + declines it, 404; considered by Federalists for vice-presidency, 404; + sneered at by Jefferson, 404; + denies that he has changed opinions, 405; + dislikes Jay treaty, but condemns attempt of House to participate in + treaty power, 405; + elected governor of Virginia, declines, 406; + asked to express his opinion on political situation in 1799, 408; + believes that Jefferson's party plans disunion, 409; + alarmed at French Revolution, 409; + especially at infidelity, 410; + compliments Marshall's bearing in France, and wishes his election to + Congress, 410, 411; + urges American national feeling, 410; + declines Adams's nomination as minister to France, 412; + but expresses his sympathy with him, 412; + appealed to by Washington to come forward against the Democrats, 413, + 414; + comes out from retirement as candidate for legislature, 415; + great public interest, 415; + description of his last speech, 416-419; + dissuades from resistance to the government, 417; + denies the power of a State to decide on federal laws, 418; + urges harmony and use of constitutional means of redress, 418, 419; + his meeting with John Randolph, 420; + elected by a great majority, 420; + returns home, 421; + his last illness and death, 421-423. + _Characteristics._ + Absence of self-consciousness, 77; + abstemiousness, 386, 387; + audacity, 64, 69, 294; + business inefficiency, 6, 7, 8, 388; + early fondness for the woods, 5, 29, 30; + education, 6, 10, 13-17, 122; + eloquence, 48-52, 61, 64, 72, 93, 98, 115, 128, 140-151, 159, 295, + 297, 333-338, 363, 365, 368-381, 418; + friendships, 251, 252, 273, 399; + geniality and kindliness, 57, 58, 117, 220, 277, 332, 385, 398, + 399-401; + high spirits, 8, 9, 18, 76; + honor, 245, 251; + indolence in youth, 5, 6, 29; + influence with the people, 59, 60, 88, 89, 102, 160, 164-167, + 181-184, 282-284, 316, 346, 415, 420; + keenness and quickness, 21, 33, 34; + legal ability, 24, 25, 29, 33, 92, 93, 94, 359-381; + military ability, 155, 185-188; + modesty, 212, 239; + not a mere declaimer, 98, 113, 119-125, 169, 321; + personal appearance, 220, 296, 300, 364, 416; + political sense, 109, 110, 117, 124, 125, 158, 195, 245, 258, + 289-291; + practical ability, 30, 172-175, 192-193, 241, 242, 260-270, 275; + reading habits, 18, 19, 391; + religious views, 20, 56, 126, 208, 218, 389-395, 422, 423; + rusticity in early life, 10, 61; + self-depreciation, 11, 12; + simplicity of manners, 220, 379, 384; + unfriendly views of, 222, 269, 396. + See Jefferson, Thomas. + _Political Opinions._ + Amendments to the Constitution, 340-349, 355; + bill of rights, 327; + church establishment, 53, 208-210; + colonial union, 116, 193-199; + Democratic party, 409; + democracy, 201, 204; + disunion, 317, 323, 409; + executive power, 328, 329; + federal Constitution, 313, 323-331, 405, 418; + French alliance, 193-199, 254, 255; + French Revolution, 409; + free trade, 291, 292; + gerrymandering, 351; + independence of colonies, 193 ff.; + Indians, 172, 173, 258, 292, 293; + Jay treaty, 405; + Mississippi navigation, 309-311; + necessity for central authority, 304-306, 322; + not connected with plan for a dictatorship, 224-229, 233, 234, + 286, 287; + nullification, 417, 418; + power of crown to annul a colonial law, 53; + power of Parliament over colonies, 69-71, 95; + resistance to England, 125, 140-145; + slavery, 388, 389; + state rights, 323 ff.; + theory that colonies are dissolved by revolution, 111, 112; + Tories, 289-291; + treaty power, 405; + Virginia state Constitution, 201-206. + + Henry, Rev. Patrick, uncle of Patrick Henry, helps in his education, 6; + a good classical scholar, 13, 15; + persuaded by Henry not to be present at Parsons' Cause, 57. + + Henry, William, elder brother of Patrick Henry, becomes his partner in + trade, 6. + + Henry, William Wirt, on difficulty of reconciling Jefferson's statements + regarding Henry's ignorance of law with his large practice, 33; + on baselessness of Jefferson's dictatorship story, 233. + + Herkimer, his defeat by St. Leger, 240. + + Holland, ----, defended by Henry on charge of murder, 376, 377. + + Holt, James, on committee of Virginia convention, 152. + + Hopkins, Stephen, meets John Adams at first Continental Congress, 105; + a member, 108; + in second Continental Congress, 175. + + Howe, General Robert, commands North Carolina and Virginia troops and + ignores Henry, 180. + + Howe, General Sir William, letter of Dunmore to, describing military + operations in Virginia, 178; + his sluggishness in 1777, 236; + his movements in that year, 240, 241; + his capture of Philadelphia, 243. + + + Independence, brought unavoidably before country in 1776, 190, 193; + sentiment in Virginia convention in favor of, 193; + its postponement wished by Henry until a colonial union and foreign + alliances be formed, 194; + letter of Charles Lee urging its immediate declaration, 194. + + Indians, troubles with in Virginia in 1774, 126, 131; + negotiations with in Continental Congress, 171, 172, 173, 174; + in Virginia convention, 192; + expedition of G. R. Clark against, 258-260, 263; + dealings with Southwestern Indians, 263; + proposals of Henry to encourage intermarriage with, 292, 293. + + Innes, James, receives a speech of Henry to his constituents from + Rev. J. B. Smith, 317; + favors ratification of federal Constitution, 320; + with Henry in British debts case, 360. + + Iredell, Judge James, tries British debts case, 364; + describes eagerness to hear Henry, 364; + effect of Henry's oratory upon, 365; + compliments him in opinion, 366; + won over from dislike of Henry by his moderation and liberality, 398. + + + Jay, John, member of first Continental Congress, 108; + opposes Henry's proposal to frame a new Constitution, 112; + favors Galloway's plan of reconciliation, 115; + as likely as Henry to be a good fighter, 188; + but inferior to him in not offering, 188; + proposes to Congress to surrender navigation of Mississippi, 307; + as chief justice, tries British debts case, 364; + points out Henry to Iredell as the "greatest of orators," 364; + affected by Henry's oratory, 365; + converses with him on politics, 398. + + Jay treaty, condemned by Henry, 405. + + Jefferson, Thomas, meets Patrick Henry, 8; + describes his hilarity, 9; + his vulgar pronunciation, 10; + calls him illiterate, 12; + yet admits his mastery over language, 13; + at Williamsburg when Henry comes for his bar examination, 22; + his stories of Henry's examination, 23; + says Henry was a barkeeper, 26; + describes him as ignorant of the law and inefficient, 29, 30; + comparison of his legal business with Henry's, 31; + baselessness of his imputations, 32, 33; + describes Henry's maiden speech in legislature against "loan office," + 64; + present at debate over Virginia resolutions, 73, 74; + his conflicting statements for and against Henry's authorship of the + resolves, 84, note; + describes Henry's attainment to leadership, 88; + prominent member of bar, 93; + declines offer of practice of R. C. Nicholas, 94; + asserts that Henry was totally ignorant of law, 94; + with radical group in politics, 95; + furnishes Wirt with statements of Henry's insignificance in Congress, + 123; + induces Wirt not to mention his name, 123; + admits Henry's leadership in Virginia, 139; + on committee for arming militia, 151; + on other committees, 152; + says that Henry committed the first overt act of war in Virginia, 155; + says Henry was a silent member of second Continental Congress and glad + to leave, 168, 169; + errors of fact in his statement, 169, 170; + appears as delegate to second Continental Congress, 173; + returns to Virginia convention, 176; + favors a democratic Constitution, 202; + describes plan to establish a dictatorship in Virginia, 224; + intimates that Henry was the proposed tyrant, 225; + induces Girardin to state fact in "History of Virginia," 225; + furnishes the story to Wirt, 226; + unhistorical character of his narrative, 227-229; + himself the recipient as governor of extraordinary powers from + legislature, 228; + probably invents the whole story, 233; + makes no opposition to subsequent reelections of Henry, 235; + his later dislike of Henry, 251; + on committee to notify Henry of his second reelection as governor, 256; + elected governor, 268; + fears of Tucker as to his energy, 269; + continues on friendly terms with Henry while governor, 273; + despondent letter of Henry to, on political decay, 273-275; + reelected, 276; + his flight from Tarleton, 285; + his story of second plan to make Henry dictator, 285; + unhistorical character of the story, 285-287; + his statement flatly contradicted by Edmund Randolph, 286; + told by Madison of Henry's desire to strengthen central government, + 305; + and of Virginian opposition to abandoning Mississippi navigation, + 307, 308, 311; + informed by Madison of opposition to Constitution in Virginia, 315, + 316, 345; + not in Virginia ratifying Convention, 319; + opposes new constitution, 319; + thinks it dangerous to liberty, 330; + letter from Madison to, explaining his defeat for senator, 351; + charges Henry with paying debts in worthless paper, and with + connection with the Yazoo scheme, 383; + forms opposition party to Washington, 397; + sneers at Federalist advances to Henry, 404; + secures his election as governor of Virginia, 406; + his letter to Mazzei published, 407; + writes Kentucky resolutions, 408. + + Jenyns, Soame, his "View of the Internal Evidence of Christianity," + printed by Henry for private distribution, 394. + + Johnson, Thomas, on committee of Continental Congress to prepare address + to the king, 117; + opposes Pendleton for president of Virginia convention, 191. + + Johnston, George, aids Henry in introducing Virginia Resolves, 69, 72; + said by Jefferson to have written them, 84, note. + + Johnstone, Governor George, his membership of North's peace commission + a surprise to Henry, 255. + + Jones, Allen, confers with Henry over weakness of Confederation, 305, + 306. + + Jones, William, plaintiff in British debts case, 360. + + Jouette, Captain John, warns Virginia legislature of Tarleton's + approach, 280, 281. + + + Kentucky resolutions written by Jefferson, 408. + + King, address to the, in Continental Congress, 117, 118; + its authorship wrongly accredited to Henry, 118, 122. + + Kirkland, Rev. Samuel, urged by Continental Congress to secure + neutrality of the Six Nations, 174. + + + Lamb, General John, letter from Henry to, on Virginia opposition to + Constitution, 342. + + Langdon, John, on gunpowder and salt committee of the second Continental + Congress, 175. + + Lear, Tobias, describes Henry's control of Virginia politics in 1788, + 353. + + Lee, Arthur, letter of Marshall to, 311. + + Lee, General Charles, describes military preparations of colonies in + 1774, and predicts war, 130, 131; + envied by Adams on his departure to command colonial army, 154; + appointed by Congress major-general, 172; + special difficulties of his situation, 173; + tells Washington that Virginia is ready for independence, 193; + eager for independence, 194; + urges its immediate declaration upon Henry, 194-196; + congratulates Henry on his election as governor, 215; + ridicules popular fondness for titles, 215, 216; + praised in anonymous letter to Henry, 244. + + Lee, Henry, in Virginia convention of 1776, 190; + on committee to draft bill of rights and state Constitution, 200; + on committee to notify Henry of election as governor, 212; + favors ratification of federal Constitution, 320; + appoints Henry United States senator in 1794, 398; + determines to reconcile Washington and Henry, 398; + describes Henry's friendly attitude to Washington, 399; + acts as successful intermediary, 399-403; + offers to Henry, in behalf of Washington, the office of chief justice, + 403. + + Lee, Richard Henry, on committee to protest against Stamp Act, 66; + leader of radicals in politics, 95; + appointed delegate to Continental Congress, 99; + praised by Virginia delegates as the Cicero of the age, 101; + meets John Adams and is praised by him, 106; + in debate over manner of voting, 112; + on committee to prepare address to king, 117; + author of draft rejected by Congress, 118; + on committee of Virginia convention for organizing militia, 151; + on other committees, 152; + in second Continental Congress, 173; + letter of Pendleton to, describing military situation in Virginia, 178; + in convention of 1776, 190; + urged by Henry to promote French alliance, 198; + favors a democratic constitution, 202; + appealed to for aid by Henry, 204; + supposed to have been won by Conway cabal, 243, 253; + loses popularity in Virginia, 252; + barely succeeds in reelection to Congress, 253; + consoled by Henry, 253; + warned of decay of public spirit in Virginia, 254; + Henry's only rival in leadership of General Assembly, 275; + compared with Henry by S. Roane, 295-296; + opposes a strong central government, 305; + not a member of Virginia ratifying convention, 319; + opposes ratification of Constitution, 320; + his election as senator dictated by Henry, 350, 353; + turns from Jefferson to support of Washington, 398. + + Lee, Thomas Ludwell, suggested as messenger by Henry, 205. + + Legislature of Virginia, first appearance of Henry before Burgesses in + election case, 61; + corruption of speaker in, 63; + motion for a "loan office" in, defeated by Henry, 64; + protests against proposed Stamp Act, 65; + doubts among members as to course after its passage, 66-68; + deliberates on Stamp Act, 68; + introduction of Henry's resolutions, 69; + opposition of old leaders, 69, 71; + debate in, 71-74; + passes, then amends resolutions, 74, 75; + deplores Boston Port Bill, 97; + dissolved by Governor Dunmore, 97; + its members call for a Continental Congress, 98; + recommend a colonial convention, 99; + which meets, 99; + appoints delegates to first Continental Congress, 99, 100; + adjourns, 100; + second convention meets, 134; + its determination to prepare for war, 135; + causes for objections to Henry's resolutions to arm militia, 136-139; + adopts his resolutions to arm militia, and prepares for war, 151, 152; + return of Virginia congressional delegates to, 176; + thanks them, 176; + appoints Henry commander-in-chief with limited powers, 177; + meets at Williamsburg, 190; + its able membership, 190; + struggle for presidency between Pendleton's and Henry's factions, 191; + committees and business transacted by, 192, 193; + sentiment in, said to favor independence, 193; + instructs delegates to Congress to propose independence, foreign + alliance, and a confederation, 197; + appoints committee to draw up state Constitution and bill of rights, + 200; + aristocratic and democratic parties in, 201-207; + adopts declaration of rights, 207-210; + establishes religious liberty, 208, 209; + adopts state Constitution, 210; + its democratic form, 210, 211; + elects Henry governor, 211; + General Assembly holds first session, 220; + said to have planned to make Henry dictator, 223, 224, 226; + confers extraordinary powers on Governors Henry and Jefferson, 228, + 231, 233; + adjourns, 232; + no trace of a plot in, as described by Jefferson, 233-235; + reelects Henry governor, 238, 239; + its sessions during 1777 and 1778, 241; + elects delegates to Congress, 253; + again confers extraordinary powers on Henry, 256; + and reelects him governor, 256; + again confers on Henry extraordinary powers, 260; + desires to reelect Henry for fourth term, 267; + on his refusal, elects Jefferson, 268; + passes resolutions complimenting Henry, 268; + elects Henry delegate to Congress, 271; + led by Henry in 1780 and afterwards, 275; + work done by it, 275-278; + reelects Jefferson, 276; + fears approach of Cornwallis, 278, 279; + its flight from Tarleton, 280-284; + reassembles at Staunton, 284, 285; + elects Thomas Nelson governor, 285; + again said to have planned to make Henry dictator, 285; + contrary evidence, 286, 287; + subsequent sessions of, 287-288; + its scanty reports, 288; + mastery of Henry over, 294-297; + passes bill to prevent speculation in soldiers' certificates, 295; + again elects Henry governor, 298; + offers Washington shares in canal companies, 300; + publicly thanks Henry on his retirement from governorship, 302; + passes resolutions condemning proposed surrender of Mississippi + navigation, 308; + chooses Henry delegate to constitutional convention, 309; + feared that it will refuse to submit Constitution to a ratifying + convention, 314; + summons a state convention, 316; + dominated by Henry, 346; + asks Congress to call a second convention, 346, 347-350; + elects R. H. Lee and Grayson senators at Henry's dictation, and + rejects Madison, 350, 351; + gerrymanders the State in hopes of defeating Federalists, 351; + unable to assemble a quorum during Henry's speech in British debts + case, 362, 364; + controlled by Jefferson, 406; + elects Henry governor for sixth time in 1796, 406; + passes resolutions condemning alien and sedition laws, 408; + Henry asked by Washington to become a candidate for, 414; + he presents himself, 415; + action of Assembly deplored by him, 417; + its action called unconstitutional, 417, 418. + + Leonard, Daniel, describes the effect of the Virginia Resolves in New + England, 82, 83. + + Lewis, Andrew, on committee for arming Virginia militia, 151. + + Lewis, William, his remark to Henry on the flight of the legislature + from Tarleton, 283. + + Lincoln, Benjamin, informed by Washington of Henry's submission to the + Constitution, 344. + + Littlepage, James, his seat in Virginia legislature contested by + Dandridge, 61. + + Livingston, Philip, member of first Continental Congress, 108; + of the second, 172, 173; + as likely as Henry to have proved a good fighter, but, unlike him, + never offered, 188. + + Livingston, William, member of first Continental Congress, 108. + + Lowndes, Rawlins, opposes federal Constitution, 330. + + Lynch, Thomas, meets John Adams at Continental Congress, 104, 105; + praised by him, 105; + nominates Peyton Randolph for president, 107; + also Charles Thomson as secretary, 107; + debates question of manner of voting, 112; + member of second Continental Congress, 172. + + Lyons, ----, in Parsons' Cause with Henry, 49, 53; + cries "treason" against his speech, 54. + + + Madison, James, doubts Henry's authorship of Virginia Resolves, 84, note; + member of Virginia convention of 1776, 190; + on committee to draft bill of rights and Constitution, 200; + his slight influence, 204; + introduces bill to check speculation in soldiers' certificates, 295; + describes Henry's eloquent support of the measure, 295; + less practical than Henry, 296; + inferior to him in debate, 296; + confers with Henry and finds him zealous for strengthening federal + government, 305, 306; + predicts intense opposition in South to treaty abandoning Mississippi + navigation, 308; + warns Washington of Henry's change of mind on matter of strengthening + the Confederation, 310; + informed by Randolph of Henry's refusal to attend convention, 310; + comments on his reasons, 311, 312; + informs Jefferson and Randolph of Henry's opposition to the + Constitution, 315, 316; + accuses Henry of wishing disunion, 317; + letter of J. B. Smith to, condemning Henry's methods, 317; + describes elements of opposition to Constitution, 319; + the principal champion of ratification, 320; + his power in debate, 333; + suspects Henry of intention to destroy effect of Constitution, 343, + 344; + Washington's letters to on same subject, 346; + defeated for senator through Henry's influence, 351; + his defeat for representative attempted by gerrymandering, 351, 353; + elected nevertheless, 354; + leads House to consider constitutional amendments, 354, 355; + probably led by fear of Henry's opposition, 355; + forms opposition party to Washington, 397; + writes Virginia resolutions, 408. + + Madison, Thomas, on Henry's defense of Holland for murder, 376. + + Marshall, John, on Henry's determination to have Mississippi navigation + for the South, 311; + favors ratification of federal Constitution, 320; + with Henry in British debts case, 360; + his argument not legally superior to Henry's, 366; + commended for his conduct in France as a candidate for Congress by + Henry, 410, 411. + + Martin, Luther, opposes federal Constitution, 330. + + Maryland, its convention recommends organization of militia, 132; + its resolutions justifying this action imitated elsewhere, 133. + + Mason, George, leader of radicals in Virginia, 95; + his high opinion of Henry's abilities, 98; + in convention of 1776, 190; + on committee to draft bill of rights and Constitution, 200, 204; + favors a democratic government, 202; + author of first fourteen articles of bill of rights, 208; + a devout Episcopalian, 210; + on committee to notify Henry of his election as governor, 212; + opposes ratification of Constitution, 315, 316, 320; + chief assistant of Henry in debate, 320; + agrees to act as chairman of Virginia republican society, 342. + + Mason, Thompson, prominent member of Virginia bar, 93; + surpassed by Henry in admiralty case, 93. + + Massachusetts, calls for Stamp Act Congress, 80, 81; + enthusiasm in for Virginia resolutions, 81, 82; + prepares for war, 134. + + Matthews, General Edward, commands British raid into Virginia, 257, + 264, 267. + + Maury, Rev. James, wins his case for damages after annulling of option + law, 45; + describes Henry's speech in Parsons' Cause, 52-55. + + Mazzei, Philip, publication of Jefferson's letter to, 407. + + McIntosh, General Lachan, commander in the Northwest in 1779, 263. + + McKean, Thomas, member of first Continental Congress, 108. + + Meade, Rt. Rev. William, explains Henry's apology to Maury, 57. + + Mercer, James, prominent member of Virginia bar, 93; + on committee of Virginia convention, 152. + + Meredith, Samuel, Henry's brother-in-law, describes character of + Henry's mother, 299. + + Middleton, Henry, meets John Adams at first Continental Congress, + 105, 106; + a member of it, 108. + + Mifflin, Thomas, entertains delegates to first Continental Congress, + 104, 105, 106, 107; + a member of it, 108; + accompanies Washington to Boston as aide-de-camp, 154; + his connection with the Conway cabal, 247, 250. + + Miller, John, describes Henry's last speech, 416. + + Mississippi, navigation of, its abandonment proposed by Jay in + Congress, 307; + violent opposition aroused in South to its surrender, 308, 309; + Henry's desire to retain it makes him fear a closer union with + Northern States, 310, 311. + + Moffett, Colonel George, flight of legislature from Tarleton to his + farm, 284. + + Monroe, James, tells Henry of Jay's proposal to abandon Mississippi + navigation, 307; + says Northern States plan to dismember the union, 307; + opposes ratification of federal Constitution, 320; + helps Henry in debate, 320; + letter of Jefferson to on Henry, 404; + recalled from France, 407. + + Murray, William Vans, appointed envoy to France, 412. + + + Nelson, Hugh, remark of Henry to, 19. + + Nelson, Thomas, offers resolution in Virginia convention, instructing + delegates to propose independence, 197; + conveys resolutions to Congress, 198; + defeated for governor by Henry in 1776, 211; + succeeds Jefferson as governor, 285; + opposes ratification of Constitution, 319. + + New England, effect of Virginia resolutions in, 80, 82, 88. + + Newenham, Sir Edward, sends presents to Washington, 301. + + New Jersey, Assembly of, disapproves of Stamp Act Congress, 81. + + Newton, Thomas, on committee of Virginia convention, 152. + + New York, Virginia Resolves brought to, 80, 82; + ratifies the Constitution conditionally, 345; + sends circular letter proposing call for a second convention, 345; + its effect in Virginia, 345. + + Nicholas, George, favors ratification of federal Constitution, 320. + + Nicholas, John, supposed author of scurrilous attacks on Henry, 385. + + Nicholas, Robert Carter, one of Henry's legal examiners, 23; + opposes Henry's Virginia Resolves, 71; + loses leadership to Henry, 89; + prominent in Virginia bar, 93; + on retiring leaves his practice to Henry, 94; + leader of conservatives, 95; + opposes Henry's motion in Virginia convention to organize militia, 137; + on committee to arm militia, 151; + on other committees, 152; + declines as treasurer Henry's offer of protection, 162; + in convention of 1776, 190; + on committee to draft bill of rights and Constitution, 200; + favors aristocratic government, 201; + alleged to have made motion to appoint a dictator, 286. + + North, Lord, sends peace commissioners after Burgoyne's surrender, + 241, 254; + protested against by Henry, 255; + their failure and departure, 257. + + + Oswald, Eleazer, carries proposed constitutional amendments from Henry + to New York, 342, 343. + + + Page, John, describes Henry's vulgar pronunciation, 10, 11; + a radical in politics, 95; + receives a vote for governor in 1776, 211. + + Page, Mann, a radical leader in Virginia, 95; + in convention of 1776, 190; + on committee to frame bill of rights and a constitution, 200. + + Paine, Thomas, his "Age of Reason" moves Henry to write a reply, 374. + + Parsons' Cause, 36-55; + establishment of church in Virginia, 37; + payment of clergy, 37, 38; + legislation to enforce payment by vestry, 39; + option laws to prevent clergy profiting by high price, 40, 41; + royal veto, 44; + suits brought by clergy for damages, 44, 45; + suit of Maury against Fredericksville parish, 45-55; + selection of an unfair jury, 46, 47; + illegal verdict, 48; + Henry's speech and its effect, 48-52; + comments of Maury, 53-55; + excitement produced by, 58, 60; + reported to England, 86. + + Pendleton, Edmund, his pronunciation an example of dialect, 11; + said by Jefferson to have been one of Henry's bar examiners, 23; + on committee to protest against Stamp Act, 66; + believes submission necessary, 67; + opposes Henry's Virginia Resolves, 71; + loses leadership to Henry, 89; + prominent at Virginia bar, 93; + surpassed by Henry in admiralty case, 93; + leader of conservative party, 95; + appointed delegate to Continental Congress, 99; + his journey with Henry and Washington, 101; + described by Atkinson, 102; + in debate on manner of voting, 112; + opposes Henry's motion in Virginia convention to organize militia, 137; + on committee for arming militia, 151; + on other committees, 152; + returns from Congress to Virginia convention, 176; + thanked by Virginia, 176; + at head of Virginia Committee of Safety, describes situation to + R. H. Lee, 178; + explains his objections to Henry's serving in field, 185; + in convention of 1776, 190; + opposed for president by Henry's friends, 191; + drafts resolution instructing delegates in Congress to propose + independence, 197; + favors aristocratic government, 201; + favors ratification of federal Constitution, 320. + + Pennsylvania, prepares to resist England by force, 133. + + Phillips, General William, commands British force invading Virginia, 278. + + Powell, ----, entertains John Adams at first Continental Congress, 105. + + Providence, R. I., people of, approve Virginia Resolutions, 82. + + + Raleigh Tavern, meeting-place of Burgesses after dissolution of + Assembly, 98. + + Randall, Henry Stephens, describes at third hand Henry's speech for + organizing militia, 146. + + Randolph, Edmund, gives a version of Henry's warning to George III., + 73, note; + says the Virginia Resolves were written by William Fleming, 84, note; + in Virginia convention of 1776, 190; + testimony as to authorship of Virginia resolution favoring + independence, 197; + on committee to frame Constitution, 200; + says Henry drafted two articles of bill of rights, 208; + calls Washington a dictator in 1781, 229; + denies Jefferson's story of a Virginia dictatorship in 1781, 287; + informs Madison of Henry's refusal to go to constitutional convention, + 310; + receives Madison's reply, 312; + correspondence with Madison relative to Virginia opposition to + ratification of Constitution, 316; + refuses to sign Constitution and publishes objections, 319; + supports it in the convention, 320; + twitted by Henry, turns on him fiercely, 334, 335. + + Randolph, John, his part in Henry's bar examination, 23-26; + leader of bar in Virginia, 43. + + Randolph, John, of Roanoke, describes Henry's appearance in British + debts case, 364, 365; + answers Henry's last speech, 419; + Henry's parting advice to, 420. + + Randolph, Peyton, attorney-general, his part in Henry's bar + examination, 23; + on committee to protest against Stamp Act, 66; + counsels submission, 67; + opposes Henry's Virginia Resolves, 71; + his anger at their passage, 74; + loses leadership to Henry, 89; + leader of conservatives, 95; + appointed delegate to Continental Congress, 99; + described by Atkinson, 102; + meets John Adams at Continental Congress, 106; + chosen to preside, 107; + assures Virginia troops that gunpowder affair will be satisfactorily + settled, 157. + + Read, George, member of first Continental Congress, 108. + + Reed, Joseph, meets John Adams at first Continental Congress, 106; + doubts Henry's ability to command in the field, 186. + + Religious liberty in Virginia, asserted in sixteenth article of + declaration of rights written by Henry, 208; + hitherto limited, 209; + petition of Baptists for, 209; + proposals of Henry involving, 294. + + Revolution, war of, predicted by Henry, 116, 125; + by Hawley and John Adams, 125; + by Dickinson, Charles Lee, 130; + prepared for by Connecticut, 131, 133; + by Rhode Island, 132; + by Maryland, 132; + and other colonies, 133, 134; + by Virginia, 133-152; + considered inevitable by Henry, 138; + events of in 1776, 221; + in 1777, 235, 236; + in 1777 and 1778, 240, 241, 257. + + Rhoades, Samuel, at first Continental Congress, 105. + + Riddick, Lemuel, on committee of Virginia convention for arming + militia, 151. + + Roane, John, describes in detail Henry's delivery of the speech for + arming militia, 146-149; + said to have verified Wirt's version, 150. + + Roane, Spencer, on Henry's pronunciation, 11; + meets Henry and R. H. Lee in Virginia Assembly, 295; + considers Henry more practical than Madison, less selfish than Lee, + 296; + describes his superiority to Madison in debate, 296; + contrasts him with Lee, 296; + describes his manner, 296, 297; + describes Henry's manner of living as governor, 300; + gives anecdotes illustrating Henry's power as a criminal lawyer, + 375-378. + + Robertson, David, reports Henry's speeches in Virginia ratifying + convention, 321. + + Robertson, William, of Edinburgh University, kinsman of Patrick Henry, 3. + + Robertson, Rev. William, uncle of Patrick Henry, 3. + + Robinson, John, speaker of House of Burgesses and treasurer of Virginia, + 63; + attempt to conceal his defalcation by a "loan office," 63; + prevented by Henry, 64, 65. + + Robinson, Rev. William, condemns Henry's behavior in Parsons' Cause, 86; + and describes his speech against the Stamp Act, 87. + + Rodney, Caesar, a member of first Continental Congress, 108; + of second, 175. + + Rush, Dr. Benjamin, said by Washington to be author of anonymous letter + to Henry, 249, 250. + + Rutledge, Edward, meets John Adams at first Continental Congress, 105, + 106; + a member of it, 108; + praises Galloway's plan of reconciliation, 115. + + Rutledge, John, meets John Adams at Continental Congress, 106; + a member of it, 108; + debates question of manner of voting, 112; + on committee to prepare address to the king, 117; + at second Continental Congress, 173; + as governor of South Carolina receives extraordinary powers, 228; + nomination for chief justice rejected by Senate, 403. + + + Schuyler, General Philip, his departure from Philadelphia as general + envied by John Adams, 154; + on committee of second Continental Congress, 172. + + Shelton, Sarah, marries Patrick Henry, 7; + her death, 189. + + Sherlock, Bishop Thomas, his sermons favorite reading of Henry, 391, 394. + + Sherman, Roger, a member of first Continental Congress, 108. + + Shippen, William, entertains delegates to Continental Congress, 106. + + Slavery, opinions of Henry concerning, 388-389. + + Simcoe, John Graves, a dashing partisan fighter, 188. + + Smith, Rev. John Blair, condemns Henry's agitation against ratifying + the Constitution, 317. + + Smith, Meriwether, opposes ratification of federal Constitution, 320. + + Smith, Rev. William, meets John Adams at first Continental Congress, 105. + + Spain, alliance with, desired by Henry in 1776, 194; + offers commercial privileges in return for abandonment of Mississippi + navigation, 307. + + Speece, Rev. Conrad, describes Henry's eloquence in a murder trial, + 378-381. + + Spotswood, Alexander, grandfather of Henry's second wife, 241. + + Sprout, Rev. ----, meets John Adams at first Continental Congress, 105. + + Stamp Act, protested against by Virginia Assembly, 65; + discussion whether to resist or submit after its passage, 66, 67; + resolutions against, introduced by Henry, 69, 71; + debate over, 71-74; + passage, reconsideration, and amendment, 75, 76; + influence in rousing other colonies against, 77-88. + + Stamp Act Congress, proposed by Massachusetts, 80; + its success caused by Virginia resolutions, 81 ff. + + Stark, John, his victory in 1777 at Bennington, 240. + + State sovereignty, declared to be abolished by Henry before 1774, 111, + 112; + its preservation demanded by Virginia in any confederation, 197; + not advocated in its extreme form by Henry during Revolution and + Confederation, 303-306; + considered by Henry to be threatened by federal Constitution, 324-330; + expressly reserved by convention in ratifying, 331. + + Stephen, Adam, on committee for arming Virginia militia, 151; + taunts Henry in ratifying convention of 1788, 335. + + Steptoe, Dr. ----, meets John Adams at first Continental Congress, 106. + + Sullivan, John, at first Continental Congress, 108; + answers Henry's speech in first day's debate, 110. + + Syme, Mrs. Sarah, described by Colonel William Byrd, 1, 2; + marries John Henry, 2; + mother of Patrick Henry, 2; + her family, 4; + letter mentioning his absence in Congress, 126; + her death and character, 299. + + Syme, Colonel ----, step-brother of Henry, reported to have denied his + complicity in dictatorship project, 226. + + + Tarleton, Sir Banastre, a dashing partisan fighter, 188; + sent by Cornwallis to capture Virginia legislature, 279; + nearly succeeds, 280. + + Taylor, John, of Caroline, his pronunciation, 11. + + Thacher, Oxenbridge, expresses his admiration for the Virginia + Resolves, 82. + + Thomson, Charles, the "Sam Adams" of Philadelphia, 104; + meets John Adams at Continental Congress, 105; + nominated for secretary, 107; + accepts position, 108, 109; + describes Henry's first speech, 109. + + Tillotson, Archbishop John, his sermons enjoyed by Henry, 391. + + Tobacco, its use as currency and to pay salaries, 37 ff. + + Tories, loathed by Henry, 274; + popular execration of, 289; + repeal of their exile favored by Henry, 290-291. + + Tucker, St. George, describes debate on military resolutions in + Virginia convention, 137; + describes motives of Henry's opponents, 137; + describes his speech, 143, 144; + agreement of his version with Wirt's, 150; + fears that Jefferson will be no more active than Henry, 269. + + Tyler, Judge John, reports Henry's narrative of his bar examination, + 24, 25; + gives anecdote of Henry's speech against Stamp Act, 73, note; + said to have been author of Wirt's version of Henry's militia speech, + 150; + with Henry in flight from Tarleton, 281, 282; + opposes Henry's bill to relieve Tories, 290; + opposes ratification of federal Constitution, 320; + helps Henry in debate, 320. + + + Union of the colonies, advocated by Henry as necessary prelude to + independence, 194, 199, 304. + + + Virginia, education in, 5, 13; + dialects in, 11; + society in, 21; + church government in, 37; + pays ministers in tobacco, 37, 38; + makes vestry liable for salary, 39; + passes option laws to prevent clergy from profiting from high price + of tobacco, 40, 41; + injustice of action, 42; + popularity of laws in, 43; + popular reluctance to grant clergy legal redress, 44, 45, 48; + the Parsons' Cause, 46-55; + enthusiasm in, for eloquence, 60; + popular affection for Henry begun by Parsons' Cause, 59, 60; + repudiation of Stamp Act, 66-76; + old leaders of, displaced by Henry, 66, 71, 88, 89; + officials of, angered by Henry's resolutions, 86; + popular enthusiasm for Henry, 88, 89; + courts in, closed by Revolution, 92; + conservative and radical parties in, 95; + practical unanimity of opinion, 95, 96; + its influence in Continental Congress, 113; + officers of its militia prepared for war, 131; + raises militia in various counties, 131, 133, 136; + first overt act of war in, committed by Henry, 155; + popular indignation at Dunmore's seizure of gunpowder, 157; + its volunteer companies persuaded not to attack him, 157; + expedition led by Henry forces Dunmore to make restitution, 158-160; + outbreak of popular approval of Henry's action, 164-167; + defense of, intrusted to Henry under Committee of Safety, 177; + operations of Dunmore in, 178, 179; + its troops defeat him, 179, 180; + indignation among them at Henry's treatment by Committee of Safety, + 181-184; + celebrates with enthusiasm the resolution in favor of independence, + 199; + effect of its example, 200; + aristocratic and democratic parties in, 200-202; + Virginia troops congratulate Henry on election as governor, 214; + high ideal held by Virginians of dignity of governor, 219, 300; + danger of attacks upon State urged by Washington, 221; + prepares for defense, 222, 223; + efforts of Henry to recruit in, 237, 238; + receives great demands for supplies, 241; + popular opinion condemns R. H. Lee for hostility to Washington, 252, + 253; + decay of military spirit in, 253, 254; + ravaged by Matthews and Collier, 257, 264-267; + sends Clark's successful expedition into Northwest, 258-260; + decline of patriotism in, 274; + ravaged by Arnold and Phillips, 278; + great antipathy in, to project of abandoning Mississippi navigation, + 308; + majority of people at outset favor Constitution, 315; + effect of Henry's exertions in turning tide, 316, 317; + supposed disunion feeling, 317; + importance Of Virginia's action, 318; + party divisions in State, 319, 320; + party divisions and leaders in convention, 320; + influence of Virginia's demands in forcing Congress to propose ten + amendments, 355, 356; + prepares to resist government at time of alien and sedition laws, 408; + its leaders condemned by Henry, 409; + its policy deplored by Washington, 413. + + Virginia resolutions of 1765, 69-75; + their effect, 77-89. + See Legislature of Virginia, and Stamp Act, authorship of, 83-85. + + Virginia resolutions of 1798, written by Madison, 408; + condemned by Henry as unconstitutional, 417, 418. + + + Walker, Benjamin, sent by Henry to Washington as secret messenger, 236; + taken by Washington as an aide-de-camp, 237. + + Walker, Jeremiah, moderator of Baptist convention, 217. + + Walker, Thomas, defendant in British debts case, 360. + + Ward, Samuel, meets John Adams at first Continental Congress, 105; + debates question of manner of voting, 112; + chairman of committee of the whole in second Continental Congress, 171. + + Warrington, Rev. Thomas, brings suit for damages after annulling of + option law, 44. + + Washington, George, appointed delegate to Continental Congress, 99; + describes journey, 101; + described by Atkinson, 102; + on committee for arming Virginia militia, 151; + on other committees, 152; + his military command envied by Hancock and Adams, 154; + notified by Virginia troops of readiness to attack Dunmore, 157; + letter of Henry to, recommending Frazer, 175; + thanked by Virginia convention, 176; + doubts Henry's fitness to command in the field, 186; + his defeats in 1776, 221; + congratulates Henry on his election as governor, 221; + warns him against British raids, 221; + letter of Carter to, sneering at Henry, 222, 223; + receives extraordinary powers from Congress, 227; + called a dictator in 1781, 229; + surprises Hessians at Trenton, 235; + his situation in 1777, 236; + embarrassed by Henry's sending Walker to observe the army, 236, 237; + letter of Henry to, on military situation in Virginia, 238; + his movements in 1777-1778, 240, 241; + Conway cabal formed against, 242; + attacked in anonymous letter to Henry, 244, 245; + receives two letters of warning from Henry on the subject, 245-248; + his grateful replies to Henry's letters, 248-250; + describes Dr. Rush as author of the anonymous letter, 249, 250; + describes other members of cabal, 250; + his deep friendship for Henry, 251, 252; + letter of Henry to, describing Indian troubles, 263; + repeatedly praises Henry's activity and assistance, 269, 270; + considered as possible dictator in 1781, 286; + asks Henry's advice concerning shares in canal companies, 300, 301; + receives Henry's replies, 301, 302; + told by Madison of Henry's change of opinion relative to strengthening + the Confederation, 310, 311; + sends copy of new Constitution to Henry, 313; + his reply, 313; + assured that Henry will not prevent a convention in Virginia, 314; + not in Virginia ratifying convention, 319; + grieved by Henry's persistent opposition, 341; + letters of Madison to, on Henry's opposition to Constitution, 343; + rejoices that Henry will submit, yet fears his opposition, 344, 346; + his administration at first criticised then approved by Henry, 397; + reconciled to Henry by Lee, 399-401; + expresses unabated regard for him, 399; + receives Henry's warm reply, 400, 401; + offers Henry secretaryship of state, 402; + offers him the chief-justiceship, 403; + appointed to command provisional army, 407; + appeals to Henry to leave retirement to combat Virginia Democratic + party, 413, 414. + + Webster, Daniel, his interview with Jefferson concerning Henry, 10, 23. + + White, Rev. Alexander, brings suit for damages after annulling of option + law, 45. + + William and Mary College, studies of Jefferson at, 22. + + Williams, John, clerk of Baptist convention in Virginia, 217. + + Wilson, James, member of second Continental Congress, on committees, 172, + 174. + + Winston, William, uncle of Patrick Henry, his eloquence, 5. + + Winston, ----, judges murder case, 376. + + Winstons of Virginia, kinsmen of Patrick Henry, 4; + their characteristics, 4, 5. + + Wirt, William, biographer of Henry, accepts Jefferson's statements of his + illiteracy, 15; + also his statements of his failure to gain a living as a lawyer, 27; + and his ignorance of law, 29; + describes Henry's speech in the Parsons' Cause, 48-52; + describes him as, in consequence of Stamp Act debate, the idol of + Virginia, 89; + accepts Jefferson's statement of Henry's ignorance of law, 94; + says Henry was author of draft of address rejected by Congress, 117, + 122; + error of his statement, 118; + his whole treatment of Henry's part in Congress untrustworthy, 119, + 120; + describes him as a mere declaimer, 120; + his mythical description of Henry's opening speech, 121; + describes his insignificance after the opening day, 122; + his error due to taking Jefferson's account, 123; + his version of Henry's militia speech considered by some apocryphal, + 149; + question of its genuineness, 149, 150; + accepts Jefferson's story of a projected dictatorship, but doubts + Henry's connection, 226; + accepts a similar story for 1781, 285; + considers Virginia bar the finest in United States, 360; + describes Henry's method of argument, 368, 369; + gives false account of Henry's religious views, 391. + + Witherspoon, John, at first Continental Congress, 106; + instructor of Madison, 190. + + Woodford, General William, commands Virginia troops in the field to + exclusion of Henry, 179; + ignores him in his reports, 180; + defeats Dunmore at Great Bridge, 180; + permits Rowe of North Carolina to supersede himself, 180; + his officers, however, prefer Henry, 183; + letter of Pendleton to, on Henry's unfitness to command, 185. + + Wythe, George, one of Henry's legal examiners, 23; + on committee to protest to England against Stamp Act, 66; + believes submission necessary, 67; + opposes Henry's resolves, 71; + loses leadership to Henry, 89; + prominent at Virginia bar, 93; + leader of conservatives, 95; + in convention of 1776, 190; + favors ratification of federal Constitution, 320. + + + Young, Captain H., testimony concerning a proposed dictatorship in 1781, + 286. + + + Zane, Isaac, on committee for arming Virginia militia, 151. + + + + + * * * * * + + + + + AMERICAN MEN OF LETTERS + + Biographies of our most eminent American Authors, + written by men who are themselves prominent in the + field of letters. + + _The writers of these biographies are themselves + Americans, generally familiar with the surroundings + in which their subjects lived and the conditions + under which their work was done. 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In preparation. + + _Other interesting additions to the list to be made + in the future._ + + HOUGHTON MIFFLIN COMPANY + + + + + + * * * * * + + + + + +Transcriber's Note: + +Inconsistent hyphenation and spelling have been retained as they +appear in the original book. Only the following possible misprints +have been changed for this etext: + +Page iv PRINTED IN THE U.S.A. + U.S.A changed to U.S.A. + +Page xi LIST OF PRINTED DOCUMENTS CITED IN THIS BOOK 424 + added to Table of Contents + +Page 28 being a needy dependent + dependant changed to dependent + +Page 40 Perry, _Hist. Coll._ i. 508, 509. + comma added after 508 + +Page 145 What would they have? + what changed to What + +Page 268 opportunity of deliberating upon + opportuity changed to opportunity + +Page 278 General Greene at Guilford, in North Carolina + Guildford changed to Guilford + +Page 284 Furthermore, as soon as possible after breakfast + Futhermore changed to Furthermore + +Page 351 expedients common on such occasions + occassions changed to occasions + +Page 383 embarrassments was not due alone + embarassments changed to embarrassments + +Page 420 mass of unwhipped hyperboles + hyberbole changed to hyperbole + +Page 432 Breckenridge, ----, + Breckinridge changed to Breckenridge + +Page 442 Absence of self-consciousness + conciousness changed to consciousness + +Page 442 Holt, James, on committee of Virginia convention + Virgia changed to Virginia + +Page 449 Randolph, John, of Roanoke + Roanoake change to Roanoke + + + +***END OF THE PROJECT GUTENBERG EBOOK PATRICK HENRY*** + + +******* This file should be named 29368.txt or 29368.zip ******* + + +This and all associated files of various formats will be found in: +http://www.gutenberg.org/dirs/2/9/3/6/29368 + + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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