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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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