Full text of "Patrick Henry; life, correspondence and speeches"

See other formats

PATRICK HENRY

*** Limited Edition, eleven hundred copies,
printed from type.

PATRICK HENRY

LIFEr CORRESPONDENCE
AND SPEECHES-

WILLIAM WIET HENEY

WITH PORTRAIT

VOLUME II.

NEW YORK

CHAELES SCEIBNEE'S SONS
1891

CONTENTS VOLUME II.

CHAPTER XXV.

PAQJS

GOVERNOR OF VIRGINIA. — THIRD TERM. 1778-79 1

Proceedings in Parliament. — Attempted Intervention of
Spain. — Terms of Peace Proposed by Congress. — Attitude
of France. — Spain Declares War with England. — Philadel
phia Evacuated. — Battle of Monmouth. — War Transferred
to the Southern States. — Governor Henry Sends Troops to
the Belief of Kentucky. — Virginia's Quota to the Continen
tal Army. — Depreciation of the Currency. — Foreign Loan
Secured by Governor Henry. — Virginia's Generous Position
as to Her Northwestern Territory. — French Treaty Ratified
by Virginia. — Expedition Under Colonel Evan Shelby
Against the Indians. — Governor Henry Advises the Occu
pation of the Lower Mississippi. — Collier's Expedition
against Virginia. —Vigorous Defence by Governor Henry. —
His Humane Treatment of Prisoners. — Criticism on Gov
ernor Henry's Administration. — Approval by the Legisla
ture. — He Declines a Ee-election.

CHAPTER XXYL

IN THE LEGISLATURE. SOUTHERN CAMPAIGN. 1779-80 . . 42

vi CONTENTS VOLUME II.

PAGE

Measures of Congress upon the Advice of Washington. —
Last Attempt of the British to Conquer the West. — Meas
ures of the Virginia Legislature. — Commercial Regulations
Proposed by Catharine of Russia. — Proceedings in Parlia
ment. — The War in the South. — Conquest of South Caro
lina. — Battle of King's Mountain. — General Nathaniel
Greene in Command of Southern Army. — Virginia Invaded.
— Meeting of Assembly. — Important Services of Patrick
Henry as a Member.

CHAPTER XXVII.

CESSION OF THE NORTHWEST TERRITORY. 1780-81 75

Resolution of Congress Requesting Cession of Western
Lands. — Contest between Virginia and the Land Compa
nies. — Large Claims of the Latter. — They Appeal to Con
gress. — Remonstrance of the Virginia Assembly.— Claims
of other States to Part of Virginia's Territory. — Action of
Maryland. — Policy of Spain. — Attempt to Treat with Her.
— The Land Companies Attempt to Bribe Congress. — Offer
of Virginia to Cede her Northwestern Territory, and to
Yield the Right to Navigate the Mississippi, in order to
Secure the Union. — The Conditions Attached Opposed by
the Land Companies. — Their Influence upon the Action of
Congress. — History of the Offer of Virginia in Congress. —
Final Acceptance. — Subsequent Action of the Indiana Com
pany.— The Claim of Virginia to the Northwestern Terri
tory Stated and Defended.

CHAPTEE XXVIII.

INVASION OF VIRGINIA. 1781 HO

British Fleet Enters the Capes, December 30, 1780.—
Capture of Richmond by Arnold, and Destruction of Prop
erty.— The British Retire to Portsmouth and are Besieged.
— Lafayette Sent to Virginia. — Naval Engagement off the
Capes.— General Phillips, in Command of the British, Oc
cupies Petersburg.— Meeting of the Legislature in March,
1781.— Critical Condition of the State.— Indifference of the
Northern States.— Mr. Henry Moves a Representation to
Congress.— Paper Prepared for the Committee.— Energetic
Measures to Meet the Invaders. — Controversy between the

CONTENTS VOLUME IT. vn

PAGK

Senate and House. — The Carolinas and Georgia Recovered
by General Greene. — Cornwallis Marches into Virginia. —
The State without Sufficient Arms. — Damaging Raids by
the British. — Wayne Joins Lafayette, and the British Re
tire to Portsmouth. — Spirit of the Virginians.

CHAPTER XXIX.

CLOSE OF THE REVOLUTION. 17S1 137

Legislature Meets in Richmond and Adjourns to Char-
lottesville. — Efficient Measures Carried by Mr. Henry. —
Adjournment to Staunton. — Alarm There. — General Thomas
Nelson Elected Governor. — Inquiry into the Conduct of
Mr. Jefferson as Governor Ordered. — Dissatisfaction with
Baron Steuben. — Scheme of a Dictator Proposed. — Mr.
Jefferson and the Legislature. — Active War Measures Un
der the Leadership of Mr. Henry. — Address to Congress.
— Number of Virginia Troops. — Charge of John Taylor
against Mr. Henry. — Patriotism of Governor Nelson. — Mu
tiny of Pennsylvania Troops. — Siege of Yorktown. — Sur
render of Cornwallis. — Close of the Revolution. — Mr. Hen
ry's Part in it. — Effect upon the Governments in Europe
and America.

CHAPTEE XXX.

LEGISLATION AFTER THE WAR. NEGOTIATIONS FOR PEACE.

— 1781- -83 169

Legislature of November, 1781. — Important Bills Intro
duced by Mr. Henry. — Parliament Determines to End the
War. — Letter of General Gates to Mr. Henry. — Legislature
of May, 1782. — Movement for Separation of Kentucky and
Washington County from Virginia. — Virginia Withdraws
Her Consent to the Abandonment of the Free Navigation
of the Mississippi. — Movement of Maryland for Closer Re
lations with Virginia. — Friendly Response of Virginia. —
Negotiations at Paris for Peace. — Importance of Boundary
Question. — The Northwest Secured by Clark's Conquest. —
Terms of Treaty. — Mr. Henry's Policy after Peace. — Con
trols the Legislation of the State. — Accounts of Some of
His Speeches.

-fin CONTENTS VOLUME IT.

CHAPTER XXXI.

PAGB

LEGISLATION. 1783-84 197

Mr. Henry Advocates Internal Improvements and Educa
tional Institutions.— Hampden Sydney College Chartered.
— Spread of French Infidelity Dreaded by Mr. Henry. —
Decay of Religion. — Scheme to Support Religious Teachers
by Taxation, and to Incorporate Churches. — Attitude of
the Baptist and Presbyterian Churches. — Fate of the
Measures. — Mr. Jefferson's Bill Establishing Religious
Freedom Passed. — It Carries out the Bill of Rights. —
Reminiscences of Mr. Henry as a Member of the Legisla
ture. — His Humor. — Embarrassments to the Commerce of
the State. — Relations to the Indians. — Bill to Encourage
Intermarriages with Whites Offered by Mr. Henry. — His
Position as to the Northwestern Land. — Is for Strengthen
ing the Power of Congress over Commerce, and in the
Matter of Requisitions.

CHAPTER XXXII.

TREATY OF PEACE. — LEGISLATIVE TRIUMPHS. — 1783-84 . . 229

Ministry Censured because of the Terms of the Treaty of
Peace. — The New Ministry Refuses to Comply with Certain
of Its Articles. — Posts and Property Retained. — Mr. Henry
Induces the Virginia Legislature to Resent the Conduct of
England. — His Attitude as to British Debts. — Defeats Ef
fort to Change State Constitution. — Efforts to Regulate
Commerce on the Potomac. — Leading Part of Mr. Henry
in Doing Honor to Washington and Lafayette. — Washing
ton's Scheme of Internal Improvements. — Failure of Land
Grant to Thomas Paine. — Reminiscences of Mr. Henry's
Legislative Career by Judge Spencer Roane. — Description
of His Person. — Anecdote of Him by Mr. Madison. — Ac
quaintance with, and Influence over, the Career of Albert
Gallatin. — Mr. Henry's Penetration into Character, and His
Knowledge of Mankind.

CONTENTS VOLUME II. ix

CHAPTER XXXIII.

GOVERNOR OF THE STATE. — FOURTH TERM. — 1784-85 .... 249

Unanimous Re-election of Mr. Henry as Governor. — Re
moval of His Family to Chesterfield County. — Death of His
Mother. — Her Exalted Christian Character. — Death of His
Brother and Aunt. — Style of Living as Governor. — Renewed
Correspondence with Richard Henry Lee. — Correspondence
with Washington in Reference to the Stock Voted Him by
the Legislature. — Causes the Marbles of Washington and
Lafayette Ordered by the Legislature to be Executed by
Houdon. — Grateful Feelings of Lafayette. — Lewis Little-
page. — His Remarkable Career. — Purchase in France, by
the Governor, of Arms for the State.— Visit of John Fitch.
— Proposed Steamboat Navigation. — Governor Henry
Grants Conditional Pardons, and Gives Birth to the Peni
tentiary System. — Letter from the Countess of Hunting-
. don. — Her Plan for Civilizing the Indians. — Approval by
Governor Henry and General Washington. — Its Failure in
Congress. — The State of Franklin. — Movement to Divide
Virginia Headed by Colonel Arthur Campbell. — Wise Course
of Governor Henry. — Able and Patriotic Letter in Refer
ence to the State of Franklin. — The Scheme Abandoned.

CHAPTER XXXIY.

GOVERNOR OF THE STATE. FIFTH TERM. 1785-86 280

Election of Governor Henry for Fifth Term. — Inefficiency
of the Confederation. — Steps Leading to Its Revisal. — In
terference by Spain with the Settlement of the Mississippi
Valley. — Indian Hostility Led by McGilvray. — Retention of
the Northwestern Posts by the British. — Indian Raids. —
Colonel William Christian Killed in One of These. — Beau
tiful Letter of Governor Henry to Mrs. Christian. — His Ap
peal to Congress on Behalf of Kentucky. — His Efforts to
Protect the Inhabitants on the Failure of Congress to do
so. — Scheme of John Jay to Yield the Free Navigation of
the Mississippi to Spain for a Term of Years in Negotiating
a Treaty. — Action of the Eastern States in Congress. — Im
portant Letter from James Monroe to Governor Henry on
this Subject. — Proposed Division of the Union by Northern

CONTENTS VOLUME II.

Men. — Irritating Conduct of Spanish Officials. — Action of
Virginia Legislature.— Effect on Governor Henry of the
Action of the New England States.— Elected a Delegate to
the Proposed Federal Convention.— Declines another Elec
tion as Governor. — Condition of His Private Affairs. — Mar
riage of Two Daughters.— Letter to Mrs. Eoane on Her
Marriage.

CHAPTER XXXV.

UNITED STATES CONSTITUTION. 1787-88 310

Mr. Henry Declines the Appointment to the Federal Con
vention. — Washington with Difficulty Prevailed on to At
tend. — Important Political Events in the North and West
Demonstrating the Weakness of the Confederation. — Eng
land and Spain Expecting a Dissolution of the Union. —
Meeting of the Convention. — The Plan of Government
Proposed by the Virginia Delegates. — The Constitution the
Result of Compromises. — Washington Sends Mr. Henry a
Copy. — His Reply. — Meeting of Virginia Legislature. —
Anxiety as to Mr. Henry's Attitude Toward the Proposed
Constitution. — He Declares for Amendments. — He Shapes
the Action of the Assembly in Calling a Convention. — Re
markable Exhibition of His Power in Debate, in Defeating
the Proposal to Repeal Laws in Conflict with the British
Treaty. — Carries Resolutions as to the Mississippi. — Action
as to Paper Money and Tariff on Liquors, etc. — Mr. Henry
Returns to the Practice of Law. — Discussion of the Federal
Constitution. — Position of Washington. — Action of the
First State Convention which Met.

CHAPTER XXXVI.

VIRGINIA CONVENTION. — 1788 338

CONTENTS VOLUME II. XI

PAGE

— His Construction of the Constitution. — Course of the De
bate. — Attacks Governor Randolph. — Scene with George
Nicholas. — Mr. Henry's Greatest Speech. — Tactics of the
Several Parties. — The Convention for Amendments. — Con
cessions of the Federalists. — Form of Ratification Proposed.
— Conduct of Mr. Madison. — Mr. Henry Offers Previous
Amendments. — Closing Debate. — -Storm Scene. — Madison
and Randolph Pledge Their Party to Subsequent Amend
ments. — Last Speech of Mr. Henry in the Convention. —
Ratification Carried, and Mr. Henry's Amendments Urged
upon Congress. — Washington's Influence Effectual. — Mad
ison and Henry Compared.

CHAPTER XXXVII.

OBJECTIONS TO THE CONSTITUTION. 1788 378

Mr. Henry Declares It a Consolidated Government. — Mr.
Madison's Definition of It. — The Conflicting Theories. —
Mr. Henry's Afterward Adopted by the Supreme Court and
Federal Government. — Balance of Power Destroyed. — Want
of Responsibility. — Executive Patronage. — Insufficient
Checks. — Bill of Rights Proposed. — Its Great Value in the
Government. — Rights of Person and of Property. — Relig
ious Freedom. — Limits of Federal Powers Defined. — Pro
posed Amendments Not Adopted. — Requisitions. — Two-
thirds Majority in Congress in Commercial and Navigation
Acts. — Restriction as to Elections. — Increase of Pay. — Im
peachments. — Term of President. — Jurisdiction of Federal
Courts. — Verifications of Mr. Henry's Predictions. — Im
plied Powers. — Abolition of Slavery. — Military Force Used
Against the States. — Interference in Elections. — Improper
Use of Money. — The South Sacrificed to the Interest of the
Majority. — Tendency to Monarchy. — Conflict of Federal
and State Courts.

CHAPTER XXXVIII.

STRUGGLE FOR AMENDMENTS. 1788-89 409

Meeting of Legislature in Extra Session. — Governor Clin
ton's Letter. — Convention of New York. — Recommends
Another Federal Convention. — Convention of North Caro-

Xil CONTENTS VOLUME IT.

Una. — Demands Previous Amendments. — Mr. Henry's At
titude. — Fears of the Federalists Concerning Him. — Meet
ing of Legislature in October, 1788.— Course Pursued by
Mr. Henry to Obtain Amendments. — Passage Between him
and Francis Corbin. — Reply to Governor Clinton's Letter.
— Election of Senators. — Mr. Madison's Pledge to Support
Amendments. — Mr. Henry's Letter to R. H. Lee, giving
Reason for Opposing Madison. — Districting the State. —
Mr. Madison's District. — Letters of Decius. — Condemned
by Federalists. — Dignified Course of Mr. Henry Under the
Slanderous Attack.

CHAPTER XXXIX.

AMENDMENTS. 1790-91 440

Mr. Madison is Elected to Congress. — Mr. Henry as a
Member of the Electoral College Votes for Washington. —
Mr. Madison Moves in Congress for Amendments. — His
Fear of Mr. Henry's Influence. — Changed Position of Mr.
Madison in Reference to Necessity of Amendments. — Ac
tion of Congress on His Motion. — Mr. Henry the Force
Behind Mr. Madison. — Correspondence between Mr. Henry
and the Virginia Members and Senators. — Measures of
First Congress. — Assembly of 1789. — Dissatisfaction with
the Action of Congress as to Amendments. — Aid to Chicka-
saws. — Request for Open Sessions of the United States
Senate. — Ratification by North Carolina and Rhode Island.
— Mr. Henry Declines a Seat in the United States Senate.
— Hamilton's Financial Schemes. — Rise of Parties. — Action
of Virginia Legislature in November, 1790. — Final Adop
tion of the Amendments Proposed by Congress. — Close of
Mr. Henry's Political Life.— His Attitude Toward the Fed
eral Government. — The Eleventh Amendment.

CHAPTER XL.

RETURN TO THE BAB. 1787-94 464

Regains His Position at the Bar. — Brilliant Career as an
Advocate. — Contest with Edmund Randolph in Carter vs.
Carter.— The British Debt Cause. — Description of Mr.

CONTENTS VOLUME II. xiii

PAGK

Henry's Speech, by John Randolph of Roanoke, by Judge
Iredell. — Notices of Mr. Henry in Diary of Richard N. Ven-
able. — Family Cares. — Defence of Holland as Related by
Judge Roane.— The Turkey Case.— The John Hook Case.
— General Andrew Jackson's Tribute. — Mr. Henry's Ap
pearance in a Murder Case, Described by Rev. Conrad
Speece. — His Advice to Rev. John Holt Rice. — Distributes
Soame Jennings's Book on Christianity. — Removes to
Campbell County. — Defends Richard Randolph, Charged
with Infanticide. — Dr. Archibald Alexander's Account of
Mr. Henry as an Advocate. — Retainer Offered Him by Gov
ernor Brooke in the Manor of Leeds Case. — Death of
George Mason and Richard Henry Lee.

CHAPTER XLL

IN PRIVATE LIFE. 1790-94 505

Land Investments. — Treaty Between the United States
and the Creek Indians. — Virginia Yazoo Company. — Re
moval of Mr. Henry to Red Hill. — Description of His New
Home. — His Domestic Life. — His Estimate of His Political
Associates. — His Religious Life. — Marriage of Two Daugh
ters. — Commencement of French Revolution. — Condition
of the Nation. — Different Impressions of Gouverneur Morris
and Thomas Jefferson. — Progress of the Revolution. — War
between France and England. — Washington's Policy of
Neutrality.— Conduct of Genet, the French Minister to the
United States. — Effect of European Affairs on American
Political Parties. — Questions of Maritime Law. — Jay's
Treaty. — The Whiskey Insurrection in Pennsylvania. — Op
position to Washington's Administration.

CHAPTER XLII.

COURTED BY POLITICAL PARTIES. — 1790-96 535

xiv CONTENTS VOLUME II.

sires to Engage Mr. Henry in the Service of the United
States. — Part Taken in the Matter by Governor Henry Lee.
— Mr. Henry Offered a United States Senatorship by Him.
— Washington Offers Him the Mission to Spain. — Mr. Jef
ferson Attempts to Attach Him to His Party through Judge
Archibald Stuart. — Eenewed Friendship Between Wash
ington and Henry. — Washington Offers Him the Secretary
ship of State. — Important Letter on the Occasion. — Mr.
Henry's Letter Declining It. — John Marshall's Account of
the Matter. — Washington Offers Him the Chief Justiceship.
— Desires to Send Him as Minister to France upon the
Recall of James Monroe.

CHAPTER XLIIL

KENTUCKY AND VIRGINIA RESOLUTIONS OF 1798. 1796-98. 566

Eepublican Attacks upon Washington. — Forged Letters.
— Betrayal of a Cabinet Paper. — Letter of Mr. Henry to
Mrs. Aylett. — Mr. Jefferson's Misrepresentation of Wash
ington and Henry. — Mr. Henry Elected Governor the Sixth
Time. — Letter Declining the Office. — His Political Consist
ency. — Eeligious Character. — Predicts Result of the
French Revolution. — John Adams Elected President. — Re
lations to Jefferson. — Letter of Jefferson to Philip Mazzei.
— Irritating Policy of France. — Failure of the Mission of
Pinckney, Marshall, and Gerry. — Preparations for War. —
Alien and Sedition Laws. — Kentucky and Virginia Resolu
tions. — Mr. Henry Disapproves of Them. — Advocates the
Election of John Marshall and Henry Lee to Congress. —
Letter to Archibald Blair.

CHAPTER XLIV.

CLOSING SCENES. 1798-99 600

CONTENTS VOLUME IT. xv

Resolutions.— Mr. Madison's Effort to Explain His Work.
— Mr. Jefferson's Injustice to Mr. Henry. — Influence over
Mr. Wirt. — Difference of Views Between Henry and Jeffer
son. — Election of Mr. Henry to the House of Delegates. —
Appointment as One of the Ministers to France. — His Let
ter Declining It. — Rapid Decline in Health. — Death-bed.
— Grief of His Countrymen. — His Monument. — Growing
Reverence for His Character.— His Family.— His Parting
Injunction to His Countrymen.

APPENDIX 1 633

APPENDIX II 646

APPENDIX III 648

APPENDIX IV. .... 651

LIFE OF PATRICK HENRY.
CHAPTER XXV.

GOVERNOR OF VIRGINIA.— THIRD TERM.— 1778-79.

Proceedings in Parliament. — Attempted Intervention of Spain. —
Terms of Peace Proposed by Congress. — Attitude of France. —
Spain Declares War with England. — Philadelphia Evacuated. —
Battle of Monmouth. — War Transferred to the Southern States.
— Governor Henry Sends Troops to the Relief of Kentucky. —
Virginia's Quota to the Continental Army. — Depreciation of the
Currency.— Foreign Loan Secured by Governor Henry.— Vir
ginia's Generous Position as to Her Northwestern Territory. —
French Treaty Ratified by Virginia. — Expedition Under Colonel
Evan Shelby Against the Indians. — Governor Henry Advises
the Occupation of the Lower Mississippi. — Collier's Expedition
against Virginia. — Vigorous Defence by Governor Henry. — His
Humane Treatment of Prisoners. — Criticism on Governor Hen
ry's Administration. — Approval by the Legislature. — He De
clines a Re-election.

THE third term of Governor Henry opened with
brighter prospects for the American cause than ever
before. A French fleet was on its way to aid in the
struggle, and negotiations were in progress which re
sulted in the accession of Spain to the combination
against Great Britain ; but Spain acted from the self
ish motive of the expected acquisition of Gibraltar
and of the Mississippi Valley. In England the war
was severely felt. Commerce, which had suffered
so much by the loss of America as a market, was
now subjected to great risk by the daring of Amer-

PATRICK HENRY.

ican privateers. The brave and brilliant Paul Jones
was insulting the British navy by taking prizes in
the Irish Channel. The distress of the nation was
described in the House of Lords by the Earl of Co
ventry in these striking words :

" Our manufacturers are unemployed, starving,
and burdensome to their respective parishes. Our
commerce is declining, and is carried on upon such
risk, and on such high premiums of insurance, as to
render it but of small advantage to the merchant,
and burdensome to the consumer. Public credit is
drawing fast towards annihilation. Our stocks fal
len nearly as low as at the conclusion of the late

war."

It was believed that had Chatham abated his op
position to American independence, a union of his
adherents with the Rockingham whigs might have
unseated the North Ministry and restored peace.
The death of the great statesman put an end to that
hope. No enemy of England could have felt great
er relief upon the happening of that event, than did
the Euler whose kingdom he had so gloriously
strengthened. Upon the meeting of Parliament,
November 26, 1778, the King's speech was marked
in its determination to continue the war, and in its
bitterness to ward France for aiding his "revolted sub
jects in North America.77 Upon the address to the
throne, long and excited debates were had in both
Houses. The speech of the occasion was delivered
by Fox, and for eloquence and boldness of invective
it was a masterpiece. John Wilkes, who followed
him, said of it, "The honorable gentleman, in a di-

1 Parliamentary History of England, xix., 1282.

GOVERNOR OF VIRGINIA.— THIRD TERM. &

vine strain of eloquence scarcely paralleled, never
surpassed within these walls, has treated the King's
speech with merited indignation. He pronounced
it false, demonstrated it to be so, and called it the
king's libel on Parliament." 1

But neither* the distress of the nation, nor the elo
quence of the opposition, could overcome the minis
terial majority, strengthened as it was by hatred to
France. The vote upon the address demonstrated
that the administration was supported by two-thirds
of each House.

Among the members of Parliament were Generals
Howe and Burgoyne, Lord Howe and Admiral
Keppel, all four seeking vindication ; the first three
for failures in America, the fourth for permitting
the French fleet to sail out of Brest and depart for
the United States, without bringing on a decisive
action. Sir William Howe, on April 22, 1779, made
an elaborate defence of the conduct of his brother
and himself,2 in which he contended that the failure
to effect more in America came from the inadequacy
of the troops furnished by the ministry, and the
neglect of his appeals for reinforcements.

During the winter of 1778-79 and the following
spring, the court of Spain was engaged in an effort
to effect a settlement of the pending hostilities.
The ground of settlement suggested was the secur
ing to England the basin of the St. Lawrence, and
the territory northwest of the Ohio, the United
States to be bounded by the Alleghanies. Had this
been effected, Spain would have claimed as her own
the valley of the Mississippi below the mouth of

1 Parliamentary History of England, xix. , 1343.

2 Idem, xx., 676.

PATRICK HENRY.

the Ohio. But without discovering her designs,
Spain craftily invited the belligerents to remit to
her court the points on which they intended to in
sist.1 In this she was foiled, the British minister
answering, " that while France supported the colon
ies in rebellion, no negotiation could be entered
into."2

But the fact that such negotiations were being
attempted lulled Congress into inactivity, and en
couraged the hope that hostilities would soon cease.
That body, at the instance of Gerard, the French
minister, entered into the consideration of the terms
upon which it would agree to peace. The report
of a special committee, on February 23, 1779, fixed
the ultimatum of the United States in negotiations
for peace at, (1) independence, (2) the Mississippi
as the western boundary from Canada to Florida,
with its free navigation to the southern boundary,
and a free port below, (3) Canada and Nova Scotia
as the northern boundary, and (4) the right of fish
ery on the coasts of Newfoundland.3 The French
minister now sought, by personal appeals to the
members, to obtain the relinquishment of the claim
to the fisheries, and to the valley and navigation of
the Mississippi.4 In this he succeeded so far as to
have the question of the fisheries postponed for a
future treaty with England, but the other points
were insisted on, and John Jay was sent as a spec
ial envoy to Spain.6

The court of Spain, loath to see the English Col
onies independent republican states, for fear her
own colonies might follow their example, yet anx-

1 Bancroft, x., 164-5. 2Idem, 164. 'Idem, 214.

4 Idem, 212. L Idem, 219, etc.

GOVERNOR OF VIRGINIA.— THIRD TERM. 6

ious to humble England and to regain Gibraltar,
finally threw off the mask, and on June 16, 1779,
made a declaration of war against Great Britain,
but without entering into alliance with the United
States.

When Sir Henry Clinton sailed to supersede
General Howe, he brought orders for the prosecu
tion of the war on a different plan from that pur
sued by his predecessor. He was ordered to aban
don Philadelphia, to hold New York and Khode
Island, and to attack the accessible ports along the
Atlantic coast, destroying everything of value in his
reach. At the same time the Indians along the
western frontier, from Detroit to Florida, were to
be incited to renew their murderous raids.1 The
plan demonstrated that the threats of the commis
sioners were not idle words.

In obedience to his orders, made necessary by the
expected arrival of the French fleet, Sir Henry
Clinton, at the |head of 17,000 effective men,
evacuated Philadelphia June 17, 1778, and took up
his line of march by way of Monmouth to Sandy
Hook. Washington at once moved to fall upon his
retreating columns. General Charles Lee, who had
been exchanged and was again second in command,
was ordered to make the attack on June 28, near
Monmouth, but instead of doing so shamefully re
treated before a body of British troops, without
making an effort to check the enemy. Washington
coming up, met Lee retreating in great disorder,
and was aroused to the highest pitch of passion.
He demanded of him, u What is the meaning of
this? " in tones which abashed and confused the

1 Bancroft, x., 123.

6 PATRICK HENRY.

proud and haughty general, and when he stam
mered out an incoherent reply, he was sent to the
rear. Washington himself rallied the men, and
posting them to advantage, he first checked and
then defeated the pursuing British. Clinton, by
abandoning the field before midnight, reached Sandy
Hook and New York without further interruption,
and Washington thereupon established his lines so
as to protect the adjacent country.

Lee's misconduct resulted in a court martial and
his disgrace, and thus was the American army
finally rid of a pretentious and wayward general,
who, as has since been proved, was also a traitor,1
and in criminal correspondence with the enemy.

In July the French fleet, commanded by the
Count D'Estaing, arrived at the Capes of Delaware,
and raised the hopes of the American patriots to
the highest pitch. These hopes were almost imme
diately chilled, however, by the failure of a plan of
joint attack upon the British force in Rhode Island,
and the serious injury to the fleet by a storm, which
forced the commander to retire to Boston for re
pairs. From thence he sailed for the West Indies.

The summer passed without progress in subduing
the American States, and a winter campaign was
planned for the South, which it was confidently be
lieved would subdue, or allure to British allegiance,
all the country south of the Susquehanna.2 Georgia,
the weakest State, was to be first subdued. Accord
ingly Savannah was attacked by a force from New
York, December 29, 1778, and the small American
army defending it was defeated. In January fol-

1 Treason of Charles Lee, by George H. Moore.
- Bancroft, x., 283-4.

GOVERNOR OF VIRGINIA.— THIRD TERM. 7

lowing a British force marched from Florida across
lower Georgia, and another took possession of
Augusta. The State of Georgia thus seemed to be
conquered, and the British army gave itself up to
plunder.1

The next object of conquest was South Carolina,
and General Prevost proceeded to lay siege to
Charleston. The brilliant John Rutledge was Gov
ernor of the State. Clothed with dictatorial
powers, he called out the reserved militia, and
threw himself into the city. The approach of
General Lincoln, now in command of the Southern
Department, caused the British general to retire,
and the battle of Stono followed. Though lost to
the Americans, it proved them to be genuine sol
diers, and Mason's gallant Virginia brigade was
particularly mentioned for its bravery and steady
action.2

Upon entering on the third term of his service,
Governor Henry at once applied himself to raising
the troops ordered by the Assembly. Brigadier-
General Thomas Nelson was commissioned to raise
the regiment of cavalry.3 Colonel George Muter,
Lieut. Colonel Nicholas, George Macballe, and Major
Charles Porterfield, were commissioned to raise the
battalion of infantry for garrison duty in the State.4
Colonels Edward Stephens, George Slaughter,
Lewis Burwell, and Nicholas Cabell, and Majors
David Jameson, Edward Garland, Richard Waugh,
and William Haly Avery, to recruit the volunteer
battalions for the Continental Army.5 And Francis
Smith, and Alexander Baugh, of Chesterfield, John

1 Bancroft, x., 286. 2 Lee's Memoirs of the War in the South, 131.

3 Executive Journal, 266. 4 Idem, 278. 5 Idem, 279 and 290.

8 PATRICK HENRY.

Lewis, of Pittsylvania, Elisha White and Thomas
Richardson, of Hanover, John White, of Louisa,
Daniel Barksdale, of Caroline, John Holcombe, of
Prince Edward, William Allen, of James City, and
Alexander Cummings, of Bedford, to recruit men
for the regular Continental service.1

The Governor did not hesitate to express his
fears that the two thousand volunteers voted for
the ensuing campaign could not be raised in time,
and it was with a feeling of relief that he laid be
fore the Council, on August 6, a resolution of
Congress thanking the Assembly for their zeal, and
informing the Executive, that a change in circum
stances had rendered the march and services of the
cavalry and volunteer infantry at present inexpe
dient.2 Orders were at once given to stop the en
listment of men for these battalions.

At the same meeting of Council he laid before
them the resolution of Congress of July 25, 1778,
deferring the expedition against Detroit, and order
ing instead an attack upon the hostile Indian towns
near the Ohio River, as had been advised by Gov
ernor Henry. The Council thereupon advised the
Governor to direct the County Lieutenants of
Washington, Montgomery, Botetourt, Augusta,
Rockbridge, Rockingham, Greenbrier, Shenandoah,
Berkeley, Frederick, Hampshire, Monongalia, Yo-
hogania, and Ohio to furnish, properly equipped,
as many men as General Mclntosh might demand
for the proposed Indian expedition ; 3 which was
done.

1 Bancroft, x., 290.

2 Executive Journal, 303. Colonel Nelson had already reached Phila
delphia with his cavalry, and he was sent back. 3 Idem, 303.

GOVERNOR OF VIRGINIA.— THIRD TERM. 9

Six days afterward the Governor received infor
mation which showed that the apparent inactivity
of the British in the east, was no indication of quiet
on the western border. He learned that an expe
dition from Detroit was designed against the forts
in Kentucky. He at once ordered Colonel Arthur
Campbell, Lieutenant of Washington County, who
had given the information, to march with a force of
not less than one hundred, nor more than one hun
dred and fifty men from his county, to the relief of
the people of Kentucky.1 The proposed expedi
tion from Detroit was doubtless checked by the op
erations of Clark in the Illinois country.

By a report of H. Knox, Secretary of War, made
May 11, 1790,2 it appears that Virginia furnished
6,181 men to the Continental army in 1776; that
her quota fixed by Congress for 1777 was 10,200
men, of which she had on the Continental rolls
5,744, and furnished besides 5,269 militia ; that in
1778 her quota was fixed at 7,830 men, of which
she furnished the Continental rolls 5,230, besides
600 as a guard for the Saratoga prisoners, and 2,000
militia; and that in 1779 her quota was 5,742, and
she is credited by 3,973 regulars, 600 as a guard
for the prisoners and 4,000 militia. If this be cor
rect, and it is believed to be an underestimate, it
appears that the efforts of Governor Henry to
make up Virginia's quota were remarkably success
ful considering the difficulties which surrounded
him. And when the number of State troops, and of
men sent to the Northwest, to the defence of Ken
tucky, and to the Indian wars are added to the

1 Executive Journal, 305.

2 American State Papers, Military Affairs, 1, 14, etc.

10 PATRICK HENRY.

Virginians in the regular Continental army, it will
appear that the State during Governor Henry's
terms had many more men in continuous service
than her Continental quota, and this without esti
mating her militia, so often called out for service in
the State, nor the Virginians serving in the regi
ments of other States.

The fact that her full quota was not credited to
her on the continental roll was not peculiar to
Virginia,1 but might be alleged of each of the other
States, none of whom were called upon to raise so
many troops for their separate State establishments.

An investigation of the facts shows conclusively
that Virginia did her whole duty to the common
cause, and she is not liable to the charge, sometimes
heard, that she failed to do her part of the fighting
in the Revolution. She did her part, and more
than her part, during the whole war.

The difficulty of raising troops and keeping them
in the field was greatly increased, during the third
year of Governor Henry's service, by the deprecia
tion of the currency, which increased from a ratio
of five to one to that of twenty to one for gold.
The alarm which this gave, and the dangers of the
hour from this and from divisions among the States,
are given in the following interesting letter of
Richard Henry Lee to the Governor :

" CHANTILLY, Nov'r 15th 1778.

" MY DEAR SIR : I send • you by this opportunity
the trial of Gen1 Lee, which be pleased to let our
friends Colo. Mason, Mr. "Wythe, and Mr. Jefferson
see, after you have read it. I will not anticipate
your judgment, the thing speaks fully for itself.

1 Letter of Washington to Henry, October 7, 1778.

GOVERNOR OF VIRGINIA.— THIRD TERM. 11

In my public letter to you, I observe that the enemy
still continue at N. York. Their reason for doing
so is not obvious. Their exposure is almost certain
destruction in the West Indies, their exceeding
weakness in every part of the world where they
have possessions, seems to demand their quitting
us for other objects, and this I should suppose they
would do if their hopes were not sustained by
other causes than the expectation of conquest by
force of arms. Division among ourselves, and the
precipice on which we stand with our paper money,
are, I verily believe, the sources of their hope.
The former is bad, but the latter is most seriously
dangerous ! Already the continental emissions ex
ceed in a sevenfold proportion the sum necessary
for medium ; the State emissions added, greatly in
crease the evil. It would be well if this were all,
but the forgeries of our currency are still more -
mischievous. They depreciate not only by increas
ing the quantity, but by creating universal diffidence
concerning the whole paper fabric. In my opinion,
these miscreants who forge our money are as much
more criminal than most other offenders, as parri
cide exceeds murder. The mildness of our law will
not deter from this tempting vice. Certain Death
on conviction seems the least punishment that can
be supposed to answer the purpose. I believe most
nations have agreed in considering and punishing
the contamination of money as the highest crimes i/
against society are considered and punished. Can
not the Assembly be prevailed upon to amend the
law on this point, and by means of light horse to
secure the arrest and punishment of these offenders,
without giving them the opportunity to escape that
now they flatter themselves with. I hope, sir, you
will pardon my saying so much on this subject, but
my anxiety arises from the clear conviction I have,
that the loss of our liberty seems at present more

12 PATRICK HENRY.

y likely to be derived from the state of our currency
than from all other causes. Congress is fully sensi
ble of this, and I do suppose, that in order to detect
forgeries and reduce the quantity, it will be re
quested of all the States to call into the Loan Offices
the Continental emissions previous to April last, by
compulsory laws.

" This is a bold stroke in finance, but necessity,
and experience in the Eastern States, sanctify the
measure. The next cause that threatens our infant
republics, is division among ourselves. Three States
yet refuse to confederate : Maryland, Delaware,
and Jersey. Indeed New York can scarcely be said
to have confederated, since that State has signed
with this condition, to be bound in case all the
States confederate. Maryland I fear will never
come in whilst our claim remains so unlimited to
the westward. They affect to fear our power, and
they are certainly envious of the wealth they sup
pose may flow from this source.

" It is not improbable that the secret machina
tions of our enemies are at the bottom of this.
Some of the most heated opponents of our claim
say, that if we would fix a reasonable limit, and
agree that a new State should be established to the
westward of those limits, they would be content to
confederate. What do you think, sir, of our pro
posing the Ohio as a boundary to the westward,
and agreeing that the country beyond should be
settled for common good, and make a new State, on
condition that reasonable compensation should be
made us for Dunmore's, Colo. Christian's, and our
late expeditions. This might perhaps be agreed to
and be taken well as coming freely from us. When
we consider the difficulty of republican laws and
government piercing so far from the seat of Govern
ment, and the benefit in point of economy from
having a frontier State to guard us from Indian

GOVERNOR OF VIRGINIA.— THIRD TERM. 13

wars and the expense they create, I cannot help
thinking that upon the whole this would be our
wisest course. We should then probably unmask
those who found their objection to confederacy
upon the extensiveness of our claim, and by having
that bond of union fixt, foreclose forever the hopes
of our enemies. I have a prospect of paying my
respects to you and the Assembly between this and
Christmas, if the distracted state of my plantation
affairs can soon be put in reasonable order. I am
with sincere affection and esteem, dear Sir, your
most obedient humble servant,

" EICHAED HENKY LEE."

To His Excellency PATRICK HENRY.

Two days before this letter was written, Gover
nor Henry had sent a communication to the Vir- v
ginia Assembly representing in the strongest terms
the danger to the commonwealth from counterfeit-

ing the currency, and urging that effectual legisla
tion be had to check the evil. This message caused
the enactment of a law, making it a felony punish
able with death without benefit of clergy to coun
terfeit the currency, or to pass knowingly counterfeit
money, or to have in possession instruments or ma
terials for the purpose of counterfeiting.1

In order to sustain the commonwealth amid the
serious dangers threatened by the depreciation of J
paper money, which had not been checked by the
creation of the loan offices advised by Congress,
the Assembly authorized the Governor to nego
tiate a foreign loan of one million pounds, in money
and military stores. Efforts were made by the Ex
ecutive to effect this through Doctor William Lee, the

1 Hening, ix., 541.

14 PATRICK HENRY.

agent of the State, residing in Europe, and Captain
Lemaire, a special agent employed for the purpose.
Lemaire had been sent over March 3, 1778, and had
proved himself an active and successful agent. By
February, 1779, he had procured a shipment of ar
tillery and munitions of war, by the French Govern
ment, amounting to £256,633, 7s. 10d., but because
of a misunderstanding about payment, these were
detained till May 26, too late to reach Virginia be
fore the end of Governor Henry's term.1 The effort
to purchase small arms was less successful, owing to
the unfortunate temper of William Lee. The tale
is told in the following letter of Benjamin Franklin,
to whom the Governor had appealed for assistance
in the mission of Captain Lemaire.

"PASSY, 26th February, 1779.

" SIK : I had the honor of receiving your Excellen
cy's letter of March 3, 1778, by Captain Lemaire,
acquainting me, that the state of Virginia has de
sired Mr. William Lee, your agent, to procure a
quantity of arms and Military stores, and request
ing me to assist him with my influence in obtaining
them on credit.

" Being glad of any opportunity of serving Vir
ginia, and showing my regard to the request of a
person whom I so highly esteem, and Mr. William
Lee being absent, I found immediately three different
merchants here, men of fortune, who were each of
them willing to undertake furnishing the whole,
and giving the credit desired. But Mr. Arthur Lee
being understood to have taken the management of
the affair into his own hands, one of the three soon
after refused to have anything to do with it ; a sec-

1 See the correspondence between Arthur Lee and the French minis
ter touching this matter. Life of A. Lee, i. , 413-25.

GOVERNOR OF VIRGINIA.— THIRD TERM. 15

ond, whose letter to me I enclose, apprehending
difficulties from Mr. Lee's temper, required my
name and Mr. Adams's to the agreement, which he
supposes Mr. Lee did not like, as his offer was not
accepted. I know not why the offer of the third
was not taken. I was afterward not at all con
sulted in the business.

" Poor Lemaire was sent about Germany to find
goods and credit, which consumed a great deal of
time to little purpose. Several of the manufacturers
wrote to me, that they would furnish him on my
promise of payment. I referred them to Mr. Lea
On his return, Mr. Lee and he differed about his
expenses. He complained frequently to me of Mr.
Lee's not supplying him with necessary subsistance,
and treating him with great haughtiness and inso
lence. 1 thought him really attentive to his duty,
and not well used, but I avoided meddling with his
affairs, to avoid if possible being engaged in quar
rels myself. Mr. Lee in fine contracted with
Messrs. Penet and Dacosta to supply great part of
the goods. They too have differed, and I have
several letters of complaints from those gentlemen ;
but I cannot remedy them, for I cannot change Mr.
Lee's temper.

" They have offered to send the things you want,
which he refused, on my account ; but, not knowing
whether he has not provided them elsewhere, or in
what light he may look upon my concerning my
self with what he takes to be his business, 1 dare
not meddle, being charged by the congress to en
deavour at maintaining a good understanding with
their other servants, which is indeed a hard task
with some of them. I hope however that you will
at length be provided with what you want, which
I think might have been long since, if the affair had
not been in hands, of which men of honor and can
dor here are generally averse to dealing with, as

16 PATRICK HENRY.

not caring to hazard quarrels and abuses in the set
tlements of their accounts. Our public affairs at
this court continue to go on well. Peace is soon
expected in Germany, and we hope Spain is now
near declaring against our enemies. I have the
honor to be, with great respect, &c.

" B. FBANKLIN."

To PATRICK HENRY,

Governor of Virginia.

In addition to Captain Leinaire, Philip Mazzei,
who returned to Europe early in 1779, was com
missioned to borrow for the State the money needed.
Through the efforts of these and others employed
by the State, large loans were effected, which
greatly aided Virginia in maintaining her military
establishment during the remaining years of the
Revolution.

On November 14, 1778, the day before the letter
of Richard Henry Lee was penned, Governor Henry
wrote to the Virginia delegates in Congress, inform
ing them of the success of the expedition of George
Rogers Clark in capturing the western posts. One
can hardly believe that this brilliant success of the
Virginia militia was received with joy by the dele
gates of those States which had shown a jealousy of
Virginia's claim to the western territory, before it
was strengthened by this conquest.

Maryland was the most conspicuous of these.
Her delegates had refused to sign the articles of
confederation unless the western territory was
given up to the Confederation. The delay in sign
ing the articles was seized upon in England and
America, by the Tory party, as a sure indication of a
fatal weakness, foreboding an early dissolution of the

GOVERNOR OF VIRGINIA.— THIRD TERM. 17

union. The French government manifested great
uneasiness on the subject, and the estimate of Col
onel Lee as to its effect upon the cause was most
just. His letter contains the first suggestion of a
satisfactory settlement of this important matter.
But the Legislature of Virginia was not yet ready
to adopt his proposal. The fact that her title was
disputed, and the knowledge that the attack upon it
was led by men who were interested in the exten
sive purchases of her territory from the Indians,
whose claims she had refused to recognize, made the
Legislature unwilling to yield aught of her rights.1
But the rights of the State were maintained in
no ungenerous spirit. On December 18, 1778, the
House adopted a resolution instructing the Virginia
delegates to propose in Congress that the articles
of confederation be binding on the States which had
ratified them ; and also the following :

" Resolved, nem. con., That it be an instruction to
the Virginia delegates, to inform Congress of the
resolutions of this General Assembly, respecting
purchases of lands from any Indian nation.

"And whereas this Assembly hath come to be
lieve, that sundry citizens of some of the United
States, were and are connected and concerned with
some of the king of Great Britain's late governors
in America, as well as with sundry noblemen and
others, subjects of the said King, in the purchase of
a very large tract of land from the Indians, on the
northwest side of the Ohio River, within the terri
tory of Virginia.

"Resolved, also, that the said delegates be in
structed to use their endeavors in Congress, to cause

1 Hening, x. , p. 50.

18 PATRICK HENRY.

an inquiry to be made concerning the said pur
chase, and whether any, and what citizens of any of
the United States were, or are, concerned therein.

" The more effectually to enable Congress to com
ply with the promise of a bounty in lands to the
officers and soldiers of the army, on continental
establishment.

"Resolved, That this commonwealth will, in con
junction with such other of the United States, as
have unappropriated back lands, furnish out of its
territory, between the rivers Ohio and Mississippi,
in such proportion as shall hereafter be adjusted
and settled by Congress, its proper quota or propor-.
tion of such lands, without any purchase money, to
the troops on continental establishment of such of
the United States as already have acceded, or shall
within such time given, or indefinite, as to Congress
shall seem best, accede to the Confederation of the
United States, and who have not within their own
respective territory, unappropriated lands for that
purpose ; and that a copy of this resolve be forth
with transmitted to the Virginia delegates, to be by
them communicated to Congress." 1

On April 7, 1779, the Legislature of Connecticut
united in the proposal of Virginia that the Articles
should be binding on those States ratifying, but
Congress did not act upon the suggestion, nor upon
the request of Virginia to investigate the interest of
Tories in the Western Territory.

In this condition of affairs, and to enable the
State to raise her needed revenue, the Legislature,
at the May session, 1779, passed an act establishing
a land office, and offering for sale the lands south of
the Ohio.

1 House Journal, 124.

GOVERNOR OF VIRGINIA.— THIRD TERM. 19

In the meanwhile there were suggestions by the
enemies of America that, as the Articles of Confed
eration had not been adopted, there was no power
in Congress to make treaties, and the French alli
ance was a nullity.

To put an end to this pretension, so far as Vir
ginia was concerned, the Assembly, on June 2, 1779,
formally ratified the treaty with France, and de
clared it binding on the State. By this treaty the
possessions of the States, and their additions and
conquests during the war, were guaranteed to them
by France.1

The experience of Governor Henry during this
term convinced him more than ever of the want of
executive ability in Congress. We have seen that
the expedition against Detroit was planned too
late to be accomplished before winter. As great
blunders were committed in the plans for the
South.

On September 25, Congress, in expectation of
an attack upon South Carolina and Georgia, called
upon Virginia and North Carolina to furnish aid to
those States at once. Virginia was asked for one
thousand militia for this purpose. Upon receiving
the requisition Governor Henry referred the mat
ter to the Assembly, then in session, for the requis
ite authority, the existing law only authorizing him
to march the militia out of the State to assist a State
already attacked.2 This authority was given, but
before it could be exercised, the enemy's fleet
turned northward, and the order was suspended by
Congress. A requisition now came to furnish all
the armed galleys fit for service, for an attack upon

1 Article XI. of the Treaty of Alliance. 2 Executive Journal, 326.

20 PATRICK HENRY.

East Florida. Orders were given accordingly, but
as the vessels were to rendezvous at Charleston,
the Governor and council were perplexed at receiv
ing by the next post a requisition for one thousand
militia to aid in the defence of South Carolina and
Georgia. That they might have some explanation
of these seemingly inconsistent orders, Governor
Henry wrote the following letter.

" WMSBURG Nov' 28, 1778.

(i 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, & three
copies of the Alliance between his most Christian
Majesty & these United States.

"I lost no time in laying your letter before the
Privy Council, & in deliberating with them on the
subject of sending 1,000 Militia to Charles Town
S. Carolina. I beg leave to assure Congress of
the great zeal of every member of the Execu
tive here, to give full efficacy to their designs
on every occasion. But on the present, I am
very sorry to observe, that obstacles great, & I
fear ^insurmountable, are opposed to the imme
diate march of the men. Upon Requisition to the
Deputy Quarter Master General in this Depart
ment, for Tents, Kettles, Blankets <fe Waggons,
he informs me they cannot be had. The sea
son when the march must begin, will be severe
<fe inclement, & without the forementioned neces
saries impracticable to men indifferently clad and
equipped, as they are in the present general scar
city of clothes.

" The Council as well as myself are not a little

GOVERNOR OF VIRGINIA.— THIRD TERM. 21

perplexed, on comparing this Requisition, to defend
South Carolina & Georgia from the assaults of the
enemy with that made a few Days past for (rallies
to conquer East Florida. The Gallies have orders
to rendezvous at Charles Town, which I was taught
to consider as a place of acknowledged safety ; and
I beg leave to observe that there seems some De
gree 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 seem to declare safe.

" The Act of Assembly whereby it is made law
ful to order their march confines the operations
to measures merely Defensive to a Sister State,
& of whose Danger there is certain information re
ceived.

"However, 'as Congress have not been pleased to
explain the matters herein alluded to, &> altho. a
good deal of perplexity remains with me on the
subject, I have by advice of the Privy Council
given orders for 1,000 men to be instantly got into
readiness to march to Charles Town, and they will
march as soon as they are furnished with Tents,
Kettles, and Waggons. In the meantime if intelli
gence is received, that their march is essential to
the preservation of either of the States of S. Car
olina or Georgia, the men will encounter every dif
ficulty, & 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 re
member the State of Embarrassment in which I
must necessarily remain with Respect to the order
ing Gallies to Charles Town in their way to invade
Florida, while the militia are getting ready to de
fend the States bordering on it, & that they will
please to favour me with the earliest Intelligence of

22 PATRICK HENRY.

every Circumstance that is to influence the measures
either offensive or Defensive.

" I have the honor to be,

" Sir,
" Yr. mo. obedt. & very Hble servant,

" P. HENRY."

To HBNKY LATJRENS,

President of Congress.

" P.S. The Despatches to Govr Caswell are sent
by a safe hand."

The proposed withdrawal of his armed ships, so
necessary for the protection of the commerce of his
State, caused Governor Henry to apply to Congress,
on December 4, 1778, for naval assistance. In his
letter he showed that the protection of Chesapeake
Bay was of great importance to Pennsylvania, Mary
land, Virginia, and North Carolina, and, without
stating that to be his object, demonstrated the folly
of depriving that important bay of its fleet for the
proposed attack upon Florida, and thus defeated the
project. When the long-expected blow fell upon
Savannah, on December 29, 1778, it found only fif
teen hundred men, regulars and militia, ready for
its defence, owing to the inefficiency of Congress.

The British, after its capture, were soon able to
open communication with the Cherokees and other
tribes, and to supply them with munitions of war.
The savages only waited now to hear of the march
of Hamilton from Detroit southward, to join 'him in
his proposed attack upon Kentucky and the western
border of Virginia. Before they moved, however, a
memorable expedition was organized and success
fully executed, which completely thwarted their
plans. This expedition was announced to General

GOVERNOR OF VIRGINIA.— THIRD TERM. 23

Washington by Governor Henry, in a letter of
March 13, 1779, in the following words : " About
five hundred militia are ordered down the Tennes
see River to chastise some new settlements of rene
gade Cherokees that infest our southwestern fron
tier and prevent our navigation on that river, from
which we began to hope for great advantages."

The renegade Cherokees referred to were the in
habitants of the Chickamauga towns, which had
been recently extended from the mouth of Chicka
mauga Creek fifty miles down the Tennessee. The
inhabitants of these towns had refused to join in the
treaty with Colonel Christian, and had received in
their midst the murderers, thieves, and banditti of
adjacent Indian tribes, as well as the Tory desper
adoes who had fled from the States.1 They per
petrated the greatest outrages upon the frontier ;
and with over a thousand fighting men, and Drag
ging Canoe as their chief, they believed them
selves secure from punishment. Governor Henry
commissioned the brave Colonel Evan Shelby to
chastise, and, if possible, to break up these outlaws.
He was to command five hundred Virginians, and
as many North Carolinians. The Virginians were
taken from the southwestern counties, and they ex
hibited great ardor for the service.2 Many of the
men furnished by North Carolina were recruited
from Virginia ; 8 the others were mostly from the
Watauga settlement. It is said that the necessary
supplies and transportation were furnished by the
exertions, and on the personal responsibility, of

1 Kamsey's History of Tennessee, 186.

5 Letter of Arthur Campbell to Governor Henry, March 15, 1779, vol.
iii., 231. 3Idem.

24 PATRICK HENRY.

Isaac Shelby, who had been in the quartermaster
service of Virginia. The great depreciation of the
currency had so straitened the resources of the two
States, that this personal responsibility had to be
assumed to give success to the expedition.

The little army assembled at the mouth of Big
Creek, near the present town of Rogersville, in Ten
nessee, and besides some six hundred militia it em
braced 150 men under Colonel Montgomery,1 who
had been enlisted to reinforce Clark, but were now
temporarily diverted. It was determined to trans
port the army to the Indian villages by water, in
stead of by overland march, and the trees of the
forest were soon shaped into canoes and boats. On
April 10, 1779, all was ready, and embarking, they
descended the river, which was swollen by a freshet.
For three hundred miles, through a wilderness, they
floated, so swiftly and silently that the savages had
no warning of their approach. On April 13 they
reached the mouth of Chickarnauga Creek, near
the lair of Dragging Canoe. Here they captured
an Indian, whom they forced to guide them to
the quarters of the chief. Completely surprised,
the Indians fled from their settlements, with the
loss of forty warriors. Shelby now burnt their
towns and destroyed their provisions. He cap
tured stores and goods valued at £20,000, which
had been collected by the British agents for dis
tribution at the grand council, to be had with
Hamilton and the Northern Indians at the mouth
of the Tennessee.2

This expedition left the Chickamaugas impotent

1 Rear Guard of The Revolution, 169.

2 Ramsey's History of Tennessee, 187.

GOVERNOR OF VIRGINIA.— THIRD TERM. 25

for war, and checked the disposition of the Chero-
kees to unite in the attack upon the frontier ; while
the union of the Northern and Southern Indians had
been effectually prevented by the capture of Ham
ilton the preceding month.

Thus it was the good fortune of Governor Henry,
by the two expeditions he sent out, the one under
Clark and the other under Shelby, to defeat the
murderous design of the Royal Government to com
bine the Indian tribes in savage war upon the West,
while the British regulars were engaging the Amer
ican forces in the East. The wisdom displayed in
selecting the commanders of these expeditions in
sured their success, and was in strong contrast with
the want of judgment shown by Congress in the
selection of commanders for the western frontier
and the South.

A striking instance of Governor Henry's foresight
and wisdom is found in his letter to General Wash
ington, of March 13, 1779, in a passage relating to
the lower Mississippi. It is as follows :

" 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 these two posts, as the possession
of them will give a colorable pretence to retain all
West Florida when a treaty may be opened, and in
the meantime, ruin our trade in that quarter,
which would otherwise be so beneficial. I can get
no answer to this application, although it is interest
ing to our back settlements, and not more than four
hundred men required for the service."

26 PATRICK HENRY.

Had the suggestion of Governor Henry been
followed, the United States would have been in
possession of the posts commanding the lower
Mississippi above New Orleans when Spain de
clared war with Great Britain. After that declara
tion Spain seized upon these posts herself, and in
consequence retained possession of the Floridas at
the peace.

While Virginia was conducting her brilliant
campaigns against the western foe, the British
commander was arranging an expedition against
her sea-coast, which proved to be most damaging in
its results. The great extent of her water front
rendered it impossible to afford complete protection
from the attacks of an enemy in command of the
sea. All that could be done under the circum
stances surrounding the State, was to fortify some
of the most important points, and with this view a
regiment of artillery had been enlisted and properly
posted. The most important fortification was Fort
Nelson, erected on the western side of Elizabeth
River, half a mile below Portsmouth, which was in
tended as a protection to Norfolk, Portsmouth, and
the Navy Yard of the State at Gosport. Major
Thomas Matthews was in command of this post,
which was manned by about 150 men, of whom less
than 100 were regulars, and was furnished with
sufficient cannon to defend it against any attack
from the water which was likely to be made. On
the evening of May 8, 1779, a fleet of about 35 sail,
under Admiral Sir George Collier, three days from
New York, entered the Chesapeake Bay, having on
board General Matthews and 1,800 men, besides
artillery.

GOVERNOR OF VIRGINIA.— THIRD TERM. 27

The expedition had not been expected, and found
Virginia unprepared to resist it at once. On the
10th, after a warm cannonade, a landing was
effected below the fort which made it necessary
to withdraw the garrison, as the fort was in no
condition to resist an attack from land and sea.
Major Matthews retreated with his handful of
men to the Dismal Swamp near by, after de
stroying a fine ship ready for launching, and two
French merchantmen, one loaded with goods and
the other with tobacco. The British were now
left free to ravage the country, and they de
stroyed an immense amount of property. After
occupying Portsmouth, Gosport, and Norfolk, and
destroying a large quantity of naval and other
stores, they proceeded to Suffolk, near by, where
there were large collections of provisions, merchan
dise, and other stores for the Continental Army.
These, with the town, were burnt on the 15th,
and the invaders then retired before the Virginia
forces which now began to appear in their neigh
borhood. Before leaving the Capes, the Otter, man-
of-war, with several armed vessels, were sent up
the Bay. These destroyed a large quantity of to
bacco and other property along the shore, and re
tired before troops could be gathered to oppose
them.

The whole fleet, with General Matthews and his
men on board, sailed for New York on May 26,
having been in Virginia sixteen days. In that
time they had inflicted damage which they esti
mated at one million pounds, and had nearly
destroyed the Virginia Navy. They claimed to
have taken or destroyed one hundred and thirty-

28 PATRICK HENRY.

seven sail of vessels.1 The behavior of the British
in Virginia was but little better than that of the
savage foe on the western frontier.

On May 13, Colonel Lawson wrote from Smith-
field, in Isle of Wight County, to Governor Henry :
" I presume your Excellency by this time is pretty
well informed of the strength and movements
of the enemy. From accounts which I have re
ceived, the cruel and horrid depredations and
rapine committed on the unfortunate and defence
less inhabitants who have fallen within their reach ?
exceed almost anything yet heard of within their
circle of tragic display of savage barbarity.
Household furniture, stock of all kind, houses, and
in short almost every species of perishable property
are effectually destroyed, with unrelenting fury,
by those devils incarnate ; murder, rapine, rape,
violence, fill up the dark catalogue of their de
testable transactions. They surprised and took
a small body of Frenchmen at the Great Bridge,
whom they murdered immediately on the spot,
to the amount of seven. The feelings of hu
manity are deeply wounded with reflection on
the various pointed cruelties exercised toward
our suffering countrymen, and call aloud for the
most vigorous and spirited exertions. The militia
at this place, on being informed that arms were
coming down for them, are much spirited up, and
profess the greatest desire of revenge and retalia
tion."

In another letter, he wrote : " On my way down
(from Smithfield toward Suffolk), I met numbers

1 See British account of this expedition in Virginia Historical Magazine,
iv., 181 ; and Virginia account, Girardin, 332, etc.

GOVERNOR OF VIRGINIA.— THIRD TERM. 29

of the unfortunate and distressed inhabitants, flying
from the rapid approach of the enemy, with such
circumstances of distress as language cannot paint.
I feel no pleasure in enumerating and dwelling
upon the distresses of our unhappy country-men
and fellow-creatures — but on the present occasion
they exceed anything in imagination. The enemy
are now in possession of Suffolk, a part of which is
actually in flames, and the whole will probably be
so in a small time."

No sooner did the enemy appear in the Bay
than the Governor took active steps to defend the
State. The regular State troops were put in requi
sition, and a call was made for the militia from
the counties nearest the points exposed to attack.
By May 19, between two and three thousand
militia had responded, and were under arms. In
response to the resolution of Congress of February
2, about two thousand men raised for the Conti
nental service were being prepared to march to the
relief of South Carolina. The Legislature of the
State, which had met on May 3, passed a resolution
on the 10th, requesting General Scott, who was in
command of these Continental recruits, to march
them to Williamsburg to aid in the defence of the
State. On the 1 7th, a resolution was passed request
ing General Scott to summon to his aid the portion
of Colonel Baylor's regiment of horse which was
stationed at Winchester. By the 20th, however,
it became apparent that the militia and State regu
lars would be sufficient to protect the State from
further injury, and the Legislature directed the
Continental recruits and the militia previously
called out to aid South Carolina, about one thou-

30 PATRICK HENRY.

sand,1 to march at once to the southward. The
following letter of Governor Henry touching this
invasion is of interest.

" WMSBURGH, May 19th, 1779.

" DEAE SIB : Yesterday I received your last favor
by express and laid it before the Assembly. The
enemy are here and I suppose them the same em
barkation you mention. Their number is about
two thousand land forces. Their ships 1, 64, the
Raisonable, the Rainbow, 44, the Otter a new sloop,
and one or two other sloops and some privateers.
The rest are transports, in number about 15, making
in all about 35 sail. They took Portsmouth with
little opposition, our force there being under 100
Regulars. Four or five vessels of value and some
force were lost, one of which fell into the enemy's
hands. From thence they proceeded to Suffolk
last Friday, where they burnt the town and all the
continental possessions there, about I believe 1200
barrels of pork. No flour was destroyed, nor did
they get anything they could carry off except the
plunder of houses, which they indiscriminately
robbed and despoiled of everything valuable, and
then set fire to many. They retreated back to
Portsmouth where they now are and as yet have
not destroyed the town. It is, however, expected
daily to share the fate of Suffolk. Our militia
could not be embodied in time to attack the rav-
agers on their march, but we have now 2000 or
3000 in arms, and I trust we shall be pretty secure
in these parts against their future operations. But
the extent of our shores hinders the possibility of
defending all places. Seven Frenchmen, it is said
and believed, have been murdered in cold blood.
Others add that they were even strangled by the

1 See Letter of Patrick Henry to George Washington, March 13, 1779.
Vol. iii., 229.

GOVERNOR OF VIRGINIA.— THIRD TERM. 31

British. I shall take care to investigate that mat
ter and inform Congress if I find it true. Our
Assembly have called General Scotfc and the new
recruits to our aid. Yesterday also Eland's cavalry
were sent for here. Will it not disgrace our
country thus to cry out for aid against this band of
robbers ? However the Assembly have done it and
I must submit.

" Govr Hamilton of Detroit is a prisoner with the
judge of that country, several captains, lieutenants,
and all the British who accompanied Hamilton in
his conquest of the Wabash. Our brave Col°.
Clark (sent out from our militia) with 100 Vir
ginians besieged the Governor in a strong fort with
several hundreds, and with small arms alone fairly
took the whole corps prisoners and sent them into
our interior country. This is a most gallant action
and I trust will secure our frontiers in great meas
ure. The goods taken by Clark are said to be of
immense amount, and I hope will influence the In
dians to espouse our interests. Detroit now tot
ters ; and if Clark had a few of Mclntosh's forces
the place would be ours directly. I've lately sent
the French there all the State papers, translated
into their language, by the hands of a priest who I
believe has been very active. I cannot give you the
other particulars of Clark's success, his messenger to
me being killed and the letters torn by the Indians.

"Adieu, my dear sir. May you continue your
labors for the public good, which has been so much
forwarded by you for so long a time.
" Yrs. in haste,

" P. HENKY."

To RICHARD HENRY LEE,

The barbarities of the troops engaged in this in
vasion caused the Assembly to pass the following
resolution on May 20, 1779.

32 PATRICK HENRY.

"JResolved, That the Governor and Council be
desired to remonstrate with the commanding officer
of the British troops now in this State, against the
cruel and barbarous manner in which he is waging
war against the good people of this commonwealth,
by prosecuting it with fire and every other cruelty
unknown to civilized nations by custom or law."

It is doubtful whether this remonstrance had any
effect, and retaliation was soon recognized as the
only recourse left. Indeed the action of the com
manding officers was in obedience to the require
ment of the British Government, which openly
avowed, through its commissioners, that it would
destroy what it could not enjoy. The threatening
manifesto of the commissioners was the subject of a
noble protest in the House of Lords,1 and was
stoutly defended by the ministry.

The evidence is overwhelming that the policy of
Great Britain was not only to destroy the property
of the Americans, but to withhold from them, as long
as possible, the rights accorded to belligerents by
civilized nations. Hence the long-delayed arrange
ments for exchange, and the cruel treatment of
American prisoners, which was made the subject
of more than one protest. In striking contrast was
the action of Virginia in her treatment of British
prisoners and subjects residing within her bounds.
Only a few days before the destructive raid of
Collier and Matthews, Governor Henry had gener
ously yielded to the request of General Philips, of
the Saratoga prisoners, who being in a guarded
camp near Charlottes ville, desired permission to re
turn the civilities extended the officers by some of

1 Parliamentary History, xx., 43-6.

GOVERNOR OF VIRGINIA.— THIRD TERM. 33

the gentlemen in the neighborhood. The reply of
the Governor is reported in the following extract
from a letter of General Philips to Colonel The-
oderick Bland, in command of the guard.

" COLONEL CARLTON'S HOUSE, May 10th, 1779.

" SIB : I yesterday received a letter from Gover
nor Henry, dated the 29th of April, from which I
take the liberty of sending you the following ex
tract :

" l From the orders you have been pleased to give
Mr. Hoatesly, I am perfectly satisfied of your strict
attention to propriety in whatever relates to that
department, which, under a contrary conduct might
be the source of so much uneasiness and jealousy.
But my ideas do by no means go so far as to inter
rupt that social intercourse, which strangers, in the
predicament of your corps, have a right to expeet
from a people at war with your nation. In the
progress of it, I earnestly wish to evince that hu
manity and generosity which accord with the pro
fessions hitherto made to you. To say that the
civilities you have received must not be acknowl
edged by something expressive of a sense of them,
might be considered as forbidding the exercise of
that hospitality which our country gentlemen in
general show to strangers. You will therefore, sir,
consider yourself at liberty to express your sense of
any civilities shown you by those gentlemen of Vir
ginia, whom you please to consider as on a social
footing with you, in such manner as is most agree
able to yourself/ '

These prisoners being in the neighborhood of Mr.
Jefferson, excited his interest, and a letter from him
to the Governor, of March 27, 1779, asking that they
be permitted to remain where they were, because of

34 PATRICK HENRY.

the inconvenience and injury a removal would in
flict upon them, met with a ready response. No
more striking contrast to the brutal conduct of the
British Government could be desired than is found
in the generous conduct of these eminent Virginians.
Among the correspondence of this date, only one
letter has been preserved which reflects upon the
Virginia authorities for the disasters of this attack
from the sea. It is from the pen of St. George
Tucker, and is dated June 6, 1779. The writer, in
referring to Jefferson, then just elected Governor,
says : 1

" I wish his excellency's activity may be equal to
the abilities he possesses in so eminent a degree.
In that case we may boast of having the greatest
man on the continent at the helm. But if he should
tread in the steps of his predecessor, there is not
much to be expected from the brightest talents.
Did the enemy know how very defenceless we are
at present, a very small addition to their late force
would be sufficient to commit the greatest ravages
throughout the country. It is a melancholy fact
that there were not arms enough to put in the hands
of the few militia who were called down on the late
occasion ; of those which were to be had, a great
number were not fit for use. Nor was there by any
means a sufficiency of ammunition or camp utensils
of any kind. In short, never was a country in a
more shabby situation ; for our fortifications and
marine, on which more than a million have been
thrown away, are in no capacity to render any ser
vice to us ; nor have we any standing force to give
the smallest check to an approaching enemy. In
two days after the departure of the fleet, they might

1 Letter to Colonel Theoderick Bland, Jr. Bland Papers, vol. ii., 21.

OF -HE
UNIVERSITY

GOVERNOR OF VIRGINIA.— THIRD TERM. 35

have returned and found nobody to oppose them.
Such wisdom, energy, and foresight do our leaders
display on every occasion."

This criticism is not alone of Governor Henry,
but of the Legislature as well. It implies neglect
of duty in not having sufficient arms, ammunition,
and camp equipage for the forces called out, and in
not having a standing army sufficient to check such
an invasion.

The Executive journal shows continual effort on
the part of the Governor to provide arms and am
munition of war for the State, not only from the
manufactories established by law in the State, but
from Europe. Large quantities were provided, but
these, not sufficient even for the State, were con
stantly asked for by Congress, and generally given
by the Legislature for the general cause. As late
as April 13, 1779, Congress had requested of Vir
ginia and obtained one thousand stand of arms,1
" for the purpose of arming the forces destined for
the defence of South Carolina and Georgia."

As to keeping a standing army sufficient to meet
any attack which might be made from the sea, or
to keep the invaders in check long enough to enable
the militia to be called out, the State was never in
a situation to do this. The utmost energy of those
in authority was taxed to raise soldiers for the Con
tinental service, and for the State force kept in the
field. To have kept a larger standing army on
State account was not deemed practicable, and the
Legislature had not attempted it ; indeed that body
had not approved of Governor Henry's keeping a

1 Congressional Journal.

36 PATRICK HENRY.

force for the defence of Williamsburg as he pro
posed in 1776. Besides, much of the stores in the
State belonged to Congress, and if they were to be
protected by a standing army, it should have been
a Continental force. The Legislature, who knew
best what the Governor did, and his resources, to
whom in fact, he communicated the steps he had
taken on the appearance of the invaders, did not
give the least indication of censure of his conduct,
but on the contrary, showed their appreciation of
him by a formal vote of approbation, and by elect
ing him to Congress when no longer eligible as Gov
ernor. A very different fate awaited his successor,
from whom Mr. Tucker expected so much.

But in truth the coast of Virginia is indefensible
from an attack by a superior naval force. This was
demonstrated during the succeeding administration
of Mr. Jefferson, who had warning of the Arnold
invasion, and in the wars that have occurred since
the Revolution. Had the French fleet not aban
doned our coast, the expedition of Matthews and
Collier would not have been undertaken, or, if under
taken, would have been arrested at sea. The British
fleet was confessedly in a bad condition, " scarcely
three ships among them were in a condition of ser
vice, being very foul for want of cleaning, and all
very ill manned." 1

But St. George Tucker was at that time in no
situation to render a fair verdict upon Governor
Henry's administration, as he was laboring under
what he considered a personal grievance at his
hands. This he admitted in a letter to William
Wirt, February 10, 1805.2 The dislike of Governor

1 Virginia Historical Register, vol. iv., 183. 8 MS.

GOVERNOR OF VIRGINIA.— THIRD TERM. 37

Henry, which he then confessed, was produced by
his reception of him in 1777, after his services as
agent for the State in Charleston in purchasing
indigo and shipping it to be exchanged for arms.
He says on his return he was forced to wait upon
the Council to get a warrant for £500, which he
had advanced for the State. This is his account of
what happened. " I believe I attended twice, be
fore I had the honor of admittance to the council
board, when Governor Henry received me like a
great man ; I was not asked to sit down, I was not
thanked for my zeal and expedition, or for advanc
ing my money. Mr. Henry made some remarks
upon the high price I had given for the Indigo —
said it was more than the State had bought it for
before (which was very true, for depreciation had
then begun), and that I appeared to have been too
much in a hurry to make the purchase. I felt
indignation flash from my eyes, and I feel it at my
heart at this moment. I am therefore an unfit per
son to draw an exact portrait of Mr. Henry, or to
give a fair estimate of his character."

It is evident that the young man's pride was un
consciously touched by Governor Henry, who look
ing only to the interest of the State, was disposed
to criticise where he was expected to compliment.
It is due to both parties to add another extract from
this letter of Judge Tucker. Speaking of being
thrown for the first time socially with Mr. Henry,
in 1792, he says : " His manners were the perfection
of urbanity ; his conversation various, entertaining,
instructive, and fascinating. I parted from him
with infinite regret, and forgot for the whole time
I was with him, that I had so many years borne in

38 PATRICK HENRY.

mind an expression which might not have been
intended to wound me, as it did."

The Executive Journal contains indisputable evi
dence of the great executive ability of Governor
'Henry, and justifies the legislature of his State in
re-electing him time and again without opposition
to the Executive chair, and General Washington for
complimenting him on his " zeal and vigor." As
the end of the year for which he was last elected
approached, a discussion arose as to his eligibility
for another term. It was urged by some who de
sired a continuance of his services, that his first
election, not having been by delegates who were
themselves elected under the constitution, should
not be counted in estimating the three terms to
which the Constitution limited the Executive ser
vice. But Mr. Henry cut these discussions short by
sending to the speaker of the House of Delegates
the following letter :

"May 28th, 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 notifi
cation 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. HENKY."

To the SPEAKER OP THE HOUSE OP DELEGATES.

GOVERNOR OF VIRGINIA.— THIRD TERM. 39

The Assembly proceeded on June 1, to appoint
his successor, when Mr. Jefferson was elected by a
close vote. On the first ballot the vote stood 55 for
Mr. Jefferson, 38 for John Page, and 32 for Gen
eral Nelson. On the second ballot it stood 67 for
Mr. Jefferson and 61 for Mr. Page.1

On the same day the Senate journal shows the
following action :

" JResolved, nem. con. : That the thanks of this
House be given to Patrick Henry, esq., late Gov
ernor of this com'th, for his faithful discharge of
that important trust, and his uniform endeavors to
promote the true interests of this State, and of all
America.

" Resolved, nem. con. : That this just tribute of
applause be presented to Mr. Henry, through a
joint committee of this House ; and that Messrs.
John Jones, Lee, Adams, Harrison, Matthews, and
Ellzey be the said committee."

On the next day Mr. John Jones, from the com
mittee, reported the following answer of Mr. Henry •"

" GENTLEMEN : The unanimous approbation which
the Senate have been pleased to give my public
conduct in the vote which you are pleased to com
municate, confers the highest obligation on me. I
entreat you to convey to that honorable House, my
cordial acknowledgments, and to assure them that
the signal honor they have done me shall ever be
held in grateful remembrance."

On the same day, June 2, similar action was
taken by the House of Delegates, and Messrs. Mun-

1 House Journal, p. 29.

40 PATRICK HENRY.

ford, Page, Tazewell and (James) Henry were ap
pointed to present the resolutions.1 The journal
contains the following notice of his answer :

" Mr. Munf ord, from the committee appointed to
wait on Patrick Henry, Esq., and to present him
with the resolutions of this House respecting his
conduct while Governor of this commonwealth, re
ported that the Committee had, according to order,
attended Mr. Henry with the same, and that he was
pleased to return the following answer thereto :
' GENTLEMEN, The House of Delegates have done me
very great honor in the vote expressive of their ap
probation of my public conduct.

" ' I beg the favor of you, gentlemen, to convey to
that honorable House my most cordial acknowledg
ments, and to assure them that I shall ever retain a
grateful remembrance of the high honor they have
conferred on me.' r

That these resolutions of the two Houses were
not mere empty compliments, is shown by their
electing Mr. Henry, one of the delegates to Con
gress for the term beginning November 1, 1779.

Acting upon the recommendation of Governor
Henry, the Assembly constituted a Board of Audi
tors, at the October session, 1778, and a Board of
War at the May session, 1779, but the relief which
they gave the Executive came too late to be enjoyed
by him.

Among the Acts of Assembly during his third
term the most notable were " For preventing the
further importation of slaves," and " For establish -

1 The Journal of the House has a blank where the resolutions of appro
bation should have been recorded. The failure of the clerk to insert
them has caused their loss.

GOVERNOR OF VIRGINIA.— THIRD TERM. 41

ing a Court of Appeals," both passed at the Octo
ber session, 1778.1

The Governor's salary, first fixed at .£1,000, was
raised in October, 1777, to £1,500, and in October,
1778, to £3,000 ; but this advance in nominal
amount was not in the ratio of the depreciation of
the currency, and the salary was not sufficient to
pay the necessary expenses incident to the office.

1 Hening, ix., 470.

CHAPTER XXVI.

IN THE LEGISLATIVE.— SOCJTHEBN CAMPAIGN. -1779-80.

Patrick Henry Removes to Henry County. — His Sickness. — Declines
a Seat in Congress. — Season of Despondency among American
Patriots. — Reverses in the South. — Effects of Depreciated Cur
rency. — Alarm of Washington. — Mutiny in his Army. — Letter
of Patrick Henry to Thomas Jefferson. — He Returns to the
House of Delegates. — Imparts Activity to its War Measures. —
Resists the Design of Congress to Replace the Old Paper Money
by New Issues. — Advocates Taxation to Support the Currency.
— Return of Lafayette with Promise of Aid from France. — Ef
ficient Measures of Congress upon the Advice of Washington. —
Last Attempt of the British to Conquer the West. — Measures of
the Virginia Legislature. — Commercial Regulations Proposed
by Catharine of Russia. — Proceedings in Parliament. — The War
in the South. — Conquest of South Carolina. — Battle of King's
Mountain. — General Nathaniel Greene in Command of South
ern Army. — Virginia Invaded. — Meeting of Assembly. — Im
portant Services of Patrick Henry as a Member.

WITHIN a few days after the close of his term, Mr.
Henry left Richmond with his family for Henry
County, where he took up his residence upon his
Leatherwood estate. He found the land largely in
the occupation of squatters, who were only removed
after much trouble. He carried with him, and set
tled on a part of his estate, his son-in-law, Mr. Fon
taine, who, with his family, became permanent resi
dents of the county. Mr. Henry's residence was
about seven miles from the Court House, on the
road leading to Danville. It is described as " situ
ate on the waters of the famous Leatherwood

IN THE LEGISLATURE. 43

Creek, surrounded on several sides by beautiful
hill views, with the creek twisting itself through
them, and high mountains at a distance." His ob
ject in making his home so far in the interior, and
among a people so lacking in the culture of the
capital, seems to have been twofold: to place his
family in a country which would be free from Brit
ish raids, and to get into a climate free from malar
ial fevers. He had a severe attack of sickness soon
after reaching his new home, however, which was
doubtless the further development of the disease
with which he had been suffering in Williamsburg.

On June 17, 1779, the Assembly elected him one
of the delegates to Congress for the term commen
cing November following. To the communication
informing him of his election, he returned the fol
lowing answer :

"HENRY COUNTY, Oct. 18th 1779.

" SIR : The vote of assembly appointing me a
member of congress never reached my hands until
several months after it passed. However a tedious
illness has prevented me from all attentions to busi
ness, until lately ; and now I am circumstanced so
as to make my attendance on congress impossible.
I beg you will please to inform the general assem
bly of this, in order that another member may be
chosen in my stead.

" I have the honor to be with every great regard

" Sir,
" Your most obedient servant,

"P. HENRY."

" P.S. I have written another letter to you to the
above purpose, but as that may miscarry, I trouble
you with this."

HON'BLE BENJA. HARRISON, ESQ.,

Speaker of the House of Delegates.

44 PATRICK HENRY.

The following entry in the family Bible explains
the circumstances alluded to in this letter :

" Sarah Butler Henry, born January 4, 1780."

The year 1779 and the winter of 1779-80 were
seasons of peculiar despondency and danger to the
American cause. The accession of Spain to the
open enemies of Great Britain, and her attack upon
Gibraltar, aroused deep feeling in England, and the
King showed himself more determined than ever to
prosecute the American war, in regard to which
Lord North had begun to hesitate. Clinton re
mained intrenched in New York, sending out oc
casional expeditions against unprotected points,
which proved harassing and destructive ; Washing
ton continued near the city on watch, but was not
strong enough to attack. The British were re
minded however of the metal of their foe, by the
brilliant attack of General Wayne upon Stony
Point, on the Hudson, July 16, and of Major Hen
ry Lee upon Paulus Hook, August 19. The real
seat of war had been now transferred to the South.
There General Lincoln, re-enforced by the Virginia
regiments of horse under Colonels Bland and Bay
lor, detached from Washington's army ; by the new
Virginia recruits for the Continental line ; and by a
body of militia from Virginia and North Caro
lina, concerted with the French admiral, then sta
tioned in the West Indies, a combined attack upon
Savannah. An attempt to carry the place by storm
on October 9, failed, and resulted in the abandon
ment of the siege, the French returning to the
West Indies, and General Lincoln to South Carolina.

Sir Henry Clinton in the meanwhile, having

IN THE LEGISLATURE. 45

received fresh troops from England, headed an ex
pedition against Charleston, which sailed from
New York December 26, 1779. General Lincoln
risked his army, largely composed of Virginians, in
its defence, and was forced to capitulate on May 12,
1780, surrendering about 2,000 men of the Conti
nental line, and 500 militia, besides 1,000 seamen,
400 pieces of ordnance, and a large supply of
military and naval stores. The Americans lost in
addition all the shipping in the harbor. This was
a heavy blow, and not only deepened the gloom
already pervading America, but greatly weakened
confidence in her cause in Europe.

But the greatest source of danger was the con
tinued and rapid depreciation of the currency, and
the consequent corruption of morals among the
people. This was heightened by the inefficiency of
Congress, in which few of the leaders in the Revolu
tion remained. Washington saw the danger, and
his great soul seemed almost despondent while he
attempted to arouse his countrymen.

On March 27, 1779, he wrote to George Mason:

" I view things very differently, I fear, from
what people in general do, who seem to think that
the contest is at an end, and to make money, and
to get places, the only thing now remaining to do.
I have seen without despondency (even for a
moment) the hours which America has styled her
gloomy ones, but I have beheld no day since the
commencement of hostilities, that I have thought
her liberties in such imminent danger as at present.
Friends and foes seem now to combine to pull down
the goodly fabric we have hitherto been raising at
the expense of so much time, blood, and treasure —

46 PATRICK HENRY.

and unless the bodies politic will exert themselves
to bring things back to first principles, correct
abuses, and punish our internal foes, inevitable ruin
must follow. Indeed we seem to be verging so
fast to destruction, that I am filled with sensations
to which I have been a stranger till within these
three months. Our enemy behold with exultation
and joy, how effectually we labor for their benefit,
and from being in a state of absolute despair, and
on the point of evacuating America, are now on
tiptoe. Nothing, therefore in my judgment, can
save us, but a total reformation in our conduct, or
some decisive turn to affairs in Europe. The
former, alas ! to our shame be it spoken, is less
likely to happen than the latter, as it is now con
sistent with the views of the speculators — various
tribes of money makers and stock jobbers of all
denominations, to continue the war for their own
private emolument, without considering that their
avarice and thirst for gain must plunge everything
(including themselves) in our common ruin. . . .
I cannot refrain lamenting in the most poignant
terms, the fatal policy too prevalent in most of the
states, of employing their ablest men at home in
posts of honor or profit, till the great national
interests are fixed upon a solid basis. ... I
allude to no particular state, nor do I mean to cast
reflections upon any one of them — nor ought I, it
may be said, to do so upon their representatives ;
but as it is a fact too notorious to be concealed,
that Congress is rent by party, that much business
of a trifling nature and personal concernment with
draws their attention from matters of great national
moment at this critical period — when it is also
known that idleness and dissipation take the place
of close attention and application, no man who
wishes well to the liberties of his country and
desires to see its rights established, can avoid cry*

IN THE LEGISLATURE. 47

ing out, where are our men of abilities ? why do
they not come forth to save their country? Let
this voice, my dear sir, call upon you, Jefferson,
and others. Do not, from a mistaken opinion
that we are about to sit down under our own vine,
and own fig-tree, let our hitherto noble struggle end
in ignominy. Believe me when I tell you there is
danger of it. I have pretty good reasons for think
ing that administration a little while ago, had
resolved t to give the matter up and negotiate a
peace with us upon almost any terms ; but I shall
be much mistaken if they do not now, from the
present state of our currency, dissensions, and other
circumstances, push matters to the utmost extremity.
Nothing, I am sure, will prevent it, but the inter
position of Spain, and their disappointed hopes
from Russia."

Spain did interpose, and Russia refused aid to
Great Britain, and thus the cause of America was
strengthened ; but the evils flowing from a wretched
currency and a weak Congress continued to jeo
pardize the issue. Washington's strong shoul
ders, however, continued to bear the burden of
the Revolution, while he urged Congress and his
countrymen to do their duty. His army, badly
clothed and badly fed, passed through an exception
ally cold winter at Morristown, where their suffer
ings resulted in the mutiny of two Connecticut
regiments in May, 1780, which only the personal in
fluence of Washington could quell.

It was during the despondency which pervaded
the country in the winter of 1779-80, that Mr.
Henry received a communication from Governor
Jefferson, to which he replied in the following let
ter, which indicates how deeply he was affected by
the situation of affairs. Doubtless his feeble

i Virginia Historical Register, v., 96.

48 PATRICK HENRY.

health was in some measure the cause of the de
spondent tone in which he now for the first time
writes, but when the situation of the country de
pressed Washington, others might well be alarmed.

" LEATHERWOOD, Feb. 15, 1780.

" DEAR SIR : I return many thanks for your favour
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, princi
pally 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 pol
itic was dangerously sick. God forbid 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 practices of our disguised 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 ut
most 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
labouring for our destruction. This countenance
shewn 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 punish
ment. 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 observ
ing this impunity, and even respect, which some

IN THE LEGISLATURE. 49

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 satis
fied, 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 de
stroyed 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 affection
ate friend & obt Servt,

" P. HENRY."

To His Excellency THOMAS JEFFERSON,
At Richmond.

It need hardly be said that the people of Henry
County were proud to have Patrick Henry as one
of their delegates in the next assembly. The
House met May 1, but Mr. Henry's name does
not appear in the journal till the 18th, when he was
placed on the committee to bring in a bill to amend
the law relating to warehouses. On the next day
he was placed on the committee to prepare a bill
for the more general diffusion of knowledge, and
was elected by the House one of the nine constitut
ing a committee of Ways and Means, the most im
portant committee of the body in the then critical
condition of affairs. So important was this com-

50 PATRICK HENRY.

mittee that its selection was not trusted to the
Speaker. Within a few days we find him on a com
mittee for inquiring into and settling the accounts
of the State with the United States ; on a commit
tee for preparing a bill to repeal that part of the
sequestration act which authorized debtors of Brit
ish subjects to pay their dues into the treasury ; and
on three committees respecting the duties of high
sheriffs and grand juries. These appointments
show how he wras valued as a working member, and
that neither his feeble health nor his late exalted
position, prevented him from doing his full share of
the drudgery of the body, during the short time he
was able to sit in it.

His return to the Assembly was hailed with
delight throughout the State, for of all leaders
he was the one most implicitly trusted. As a
leader of the House he had in previous years
shown himself without a rival, but now that he
reappeared with the experience and honors of the
chief magistracy superadded to his genius, he
controlled the body with absolute sway, and this
though he had as colleagues, and often as oppo
nents, such great men as Richard Henry Lee and
George Mason.

The alarm for the country expressed in the letter
of Mr. Henry to Governor Jefferson worked no
despondency in his mind, but from the moment he
re-entered the Legislature of his State we find its
war measures indicating a renewed activity and the
broadest patriotism. The intensity of his nature
was evidently imparted to the body. Within the
twenty days he sat this session, arms were ordered
to be sent to North Carolina to furnish her troops ;

IN THE LEGISLATURE. 51

the Governor was empowered to impress horses
upon which to mount the Maryland troops ordered
to South Carolina, and wagons to transport their
baggage ; a large body of the militia of the State
was ordered to march to the aid of South Carolina;
a camp of five thousand men was directed to be
formed, and kept convenient, to aid the Southern
States, or to protect Virginia from invasion; the
Governor was empowered to take charge of the
foundry at Westham, on the James River ; and he
was also directed to appoint commissioners, to ex
amine into the amount of provisions in each county,
and after allowing enough for the support of the
several families for the year, to impress the sur
plus for public use ; the public arms were ordered
to be repaired and made fit for use, and provi
sion was made for the workmen needed; Con
gress was addressed upon the subject of the war
being transferred to the South, was informed of
the exertions put forth by Virginia to defend her
self and her sister Southern States, and was urged
to send speedily a strong Continental force South,
and to aid Virginia in furnishing arms to North
Carolina.

The important question of the currency came up
for discussion upon the presentation of the resolu
tions of Congress adopted March 18, 1780. These
resolutions contained a plan for righting the cur
rency which was dictated by despair. Already
Congress had issued over two hundred and sixty
millions of dollars of paper money,1 and the several
States had issued as much more, while no adequate
provision had been made for the redemption of

1 Green's Historical View, Table vi., p. 457.

52 PATRICK HENRY.

either issue. In spite of every effort to keep up its
value, by laws requiring it to be taken as though it
were specie, it had steadily fallen, till it was now
worth only one -fortieth of specie, and could no
longer be relied on to purchase food for the army.
On February 25, Congress, recognizing this fact,
called on the several States to furnish the supplies
needed for the ensuing campaign in kind, and in
fixed quotas. On March 18, following, having
pledged that not over $40,000,000 more should be
issued, they proposed to the States to continue to
bring into the Continental treasury, till April, 1781,
fifteen millions of dollars in paper money monthly,
or its equivalent in specie at forty to one. The
bills to be brought in to be destroyed, and new
bills, one-twentieth in amount, to be issued instead,
to carry five per cent, per annum interest, and to
be redeemable within six years in specie. The
new bills to be issued by the States severally, and
guaranteed by the United States, and to be taken
as specie.

The scheme involved the discrediting by the
Government itself, of obligations it had time and
again solemnly declared would be paid in full, and
a settling of old promises to pay at one-twentieth of
their face value, by new promises to pay, which had
no more substantial basis to rest upon than those
now admitted to be about worthless. From Ed
mund Eandolph we learn, that when the resolutions
of Congress were introduced into the Virginia
Legislature, " George Mason and Richard Henry
Lee advocated them, as being the only expedient re
maining for the restoration of public credit. Pat
rick Henry poured forth all his eloquence in op-

IN THE LEGISLATURE. 53

position." l The journal shows that the scheme pro
posed by Mr. Henry as a substitute was :

" 1st. That ample and certain funds ought to be
established for sinking the quota of the Continental
debt due from this State in fifteen years.

" 2d. That certain funds ought to be established,
for furnishing to the Continent the quota of this
State, for the support of the war for the current
year.

" 3d. That a specific tax ought to be laid for the
use of the Continent, in full proportion to the abili
ties of the people." 2

Mr. Henry's counter-proposals certainly had the
merit of keeping faith with the public creditors, and
strengthening public credit by taxation, the only
way possible of saving paper money from utter
destruction. He carried them by a vote of fifty-
nine to twenty-five, a great triumph when we con
sider that the defeated plan was proposed by Con
gress, and advocated by Mason and Lee.

On the next day Mr. Henry obtained leave of
absence for the remainder of the session, and was
not again in his seat. As he had anticipated, his
health had not been sufficiently restored to undergo
the fatigue of the session. Some time after he left
the body the plan of Congress was again brought
forward, and was adopted. His prediction proved
too true. The plan failed to stop the depreciation
of the currency, which was now sixty to one, and
which continued to increase till May 31, 1781, when
it reached five hundred to one, and both the new and
old issues ceased to circulate.3 It was claimed that

1 MS. History of Virginia. - Journal for June 6, 1780, p. 36. '

3 Green's Historical View, Table vii. , p. 457.

54 PATRICK HENRY.

every day added to the currency of paper money,
however great the depreciation, was so much gained
for the struggle ; and this is true : but the problem
before the councils of the nation was, how best to
sustain paper money as currency, and there seems,
in the light of history, hardly a doubt that the
plan proposed by Mr. Henry would have been the
wisest.

The scheme of Congress was based upon the idea,
that the depreciation was due to the issues being in
excess of the needs of the country for purposes of
currency. This was only a part of the truth. The
greatest cause of the depreciation was the belief of
the people that no adequate provisions had been
made for the redemption of the currency. The
plan of Mr. Henry was to reduce the amount in cir
culation, and at the same time to provide certain
funds for the support of the war. Could this plan
have been carried out, the currency would have
been brought back to a sound basis.

It is remarkable that in the two great revolution
ary struggles which have been attempted since this
period, the experience of our American law-makers
of 1780 should have been so little regarded. In the
French Revolution the assignats had the same history
of over-issue and depreciation, and a similar effort
was made to call them in at a fixed rate of deprecia
tion, and to substitute in their stead mandats, a re
duced issue of paper money. Both went down. In
the late civil war in the United States, the Confeder
ate States issued treasury notes which ran the same
course, and the same remedy was attempted with
a similar result, the rapid depreciation of both is
sues.

IN THE LEGISLATURE. 55

But, notwithstanding the increasing troubles with
the currency, the affairs of America were putting on
a more hopeful aspect. On April 27, Lafayette re
turned from a visit to France, where he had gone in
the interest of the United States, bringing the wel
come promise of a French fleet of six men-of-war
and six thousand regular troops, to be despatched
during the spring to the aid of America. The com
mittee of Congress, in conjunction with the com-
mander-in-chief, devised wise plans for the ameliora
tion of the service. The patriotism of the people
was aroused anew, and manifested itself in a more
ready compliance with the public demands. The
ladies of Philadelphia led the way in devoting their
jewels to the relief of the army, and the ladies of
Virginia followed their example.1 A bank was es
tablished in Philadelphia to facilitate the purchase
of needed army supplies. The action of the Vir
ginia Legislature gave assurance that all of her re
served force would be brought out ; and encourag
ing responses came from other States to the appeals
of Washington and Congress to fill up their several
quotas, so that with the French army they might
be strong enough to put an end to the war. We,
for the first time in many months, find Washington
hopeful. On June 27, 1780, he wrote to Governor
Trumbull, urging compliance with the measures
recommended by the Committee of Congress, and
added : " As I always speak to your Excellency in
the confidence of friendship, I shall not scruple to
confess that the prevailing politics for a considerable
time past have filled me with inexpressible anxiety
and apprehension, and have uniformly appeared to

1 Jefferson's Works, i., 244.

56 PATRICK HENRY.

me to threaten the subversion of our independence.
I hope a period to them is now arrived, and that a
change of measures will save us from ruin." 1

Soon he received intelligence of the retreat of the
forces under Captain Bird, sent out from Detroit to
conduct an Indian expedition against Kentucky.
This was a part of a deep-laid plan of the British
Cabinet for the campaign of 1780. General Camp
bell was to move from Pensacola, enter the Missis
sippi, and capture New Orleans and other Spanish
settlements, while Clinton and Cornwallis were at
tacking Charleston. At Natchez, Campbell was to
be met by an Indian force descending the river,
who were expected to capture St. Louis and St.
Genevieve on their way down. The combined force
was to recapture western North Carolina, Kentucky,
and the Northwest. Letters captured by General
George Rogers Clark and Governor Galvez revealed
the plan, which they at once took steps to defeat.
Galvez. as we have seen, struck the first blow, and
took several British posts, thus preventing Camp
bell from performing his part of the plan. The
raid upon St. Louis was defeated by the energy of
Clark, who at once hurried back to Kentucky in
the disguise of an Indian. Raising one thousand
men, he followed the retreating forces of Bird, who,
having captured two stockades at the fork of Lick
ing River, rapidly recrossed the Ohio. It need
hardly be added that Clark severely punished the
invaders. This was the last attempt of the British
to conquer the West.2

1 Sparks's Writings of Washington, vii., 93.

2 See a valuable paper in the Atlantic Monthly for November, 1889, by
Dr. William F. Poole, reviewing- Roosevelt's, " The Winning of the West."

IN THE LEGISLATURE. 57

Before leaving the House, Mr. Henry had an op
portunity of returning the compliment paid him in
1778 by Mr. Jefferson, by being made chairman of
the committee appointed to inform him of his re
election to the office of governor. Mr. Jefferson,
however, had not been so fortunate in the circum
stances of his re-election, having met with a decided
opposition.1

It was doubtless at this session that the following
incident occurred, which showed that in all of his
fierce patriotism Mr. Henry never failed to be just.
The Keverend Christopher McCrae, a Scotchman, a
minister of the Episcopal Church, and a most ex
cellent man, was reticent of his political opinions,
and was therefore suspected by some of being a
Tory. He suffered persecution in consequence at
the hands of some of the citizens of Cumberland
County, where he then resided. His daughter, in
giving an account of this to Bishop Meade, wrote :

" A petition was sent to the Legislature praying
that he, Mr McCrae, might be banished. Patrick
Henry instantly arose, and said that there were
many fictitious names on that paper ; that he knew
Mr M°Crae intimately, and that if he was banished
they would lose one of their best citizens ; he hoped
nothing would be done till he could send an express
to Cumberland, who returned with a counter-peti
tion, signed by the most respectable portion of the
community, praying that he might remain with
them, which was granted." 2

Among the important measures enacted during
the spring session after Mr. Henry left his seat, was

1 Journal for June 1 and 2, 1780, 30, 31.

2 Old Churches and Families of Virginia, ii., 36, note.

58 PATRICK HENRY.

the ratification of the boundary line with Pennsyl
vania agreed on as a compromise by the commis
sioners of the two States. This was an extension of
Mason and Dixon's line due west five degrees from
the Delaware River, for the southern boundary of
Pennsylvania, and from the western extremity, a
meridian to the northern limit of the State, as the
western boundary. This was a material change in
the charter line, which made the western boundary
a reproduction of the line of the Delaware River
on the east. The change gave Pittsburg to Penn
sylvania, and left for Virginia a narrow strip of
land between Pennsylvania and the Ohio River,
since styled the Pan-handle.

In Europe affairs were favorable to America.
The overbearing conduct of England on the sea
toward neutrals, which had so long characterized
her, and which was so grievous to the commerce of
Europe, produced an unexpected result. On Feb
ruary 26, 1780, Catherine II., of Russia, made pub
lic certain principles which she declared it her pur
pose to adopt, and which she invited all Europe to
aid her in maintaining. They were that neutral
ships shall enjoy a free navigation from port to
port, and on the coasts of the belligerent powers ;
free ships shall make free all goods except contra
band ; contraband shall be arms and ammunitions
of war, and nothing else ; no port shall be deemed
blockaded unless the enemy's ships, in adequate
numbers, are near enough to make entry dangerous.1
This great advance in maritime rights was generally
approved by the States of Europe, and their agree
ment was known, as " The Armed Neutrality."

Bancroft, x., 281.

IN THE LEGISLATURE. 59

The large carrying trade of the Dutch made the ad
hesion of the Netherlands to these principles par
ticularly objectionable to Great Britain, and it soon
resulted in open war between the two countries,
which commenced in February, 1781, by the seizure
of the island of St. Eustatius by the British. Thus
the prediction of Mr. Henry as to France, Spain,
and Holland joining the Colonies in their struggle,
made before the war commenced, was fully verified.
In Parliament the opposition to Lord North's
administration was increasing in strength. On
April 6, 1780, Mr. Dunning moved in the House of
Commons, sitting as a committee of the whole,
" That it is the opinion of this committee, that it is
necessary to declare that the influence of the crown
has increased, is increasing, and ought to be dimin
ished." This was carried by a vote of 233 to 215.1
Mr. Dunning then moved a further resolution assert
ing the right of Parliament " to examine into and
correct abuses in the expenditure of the civil list
revenues, as well as in every other branch of the
public revenue.'' This was carried by a vote of
215 to 213. 2 The decaying power of the ministry
was reinvigorated, however, by an unexpected
event, a tumult which threatened the subversion of
all government, and called to its aid all lovers of
order. On June 2, Lord George Gordon presented
a petition from the Protestant Association, signed
by nearly 120,000 persons, of whom it was esti
mated near 60,000 accompanied him to the lobby
of the House, asking for the repeal of an act, passed
two years before, relaxing the penalties against Pa
pists. The presence of so large a body was of itself

1 Parliamentary History, xxi., 367. - Idem, 386.

60 PATRICK HENRY.

a menace to Parliament, but, as was to have been
expected, they soon became riotous and insulting to
members, and were only dispersed by the interfer
ence of troops.1 This occurrence threw a damper
upon all endeavors to reform the corruptions of the
government. On July 8, the body was prorogued
to August 24. It was then further prorogued, and
on September 1 it was dissolved, the ministry
being afraid to trust it again. The proclamation
for dissolution took the country by surprise, and
the short time allowed for the new elections placed
the opposition, who were not in the secret, at a
great disadvantage. Many of them were absent
from their constituencies and were unable to return
in time to attend to their interests. By this trick
of the Ministry the elections went greatly more in
favor of the court than they would otherwise have
done. The new Parliament assembled October 31,
1780, and were met by a speech from the throne,
which, referring to the late successes in Georgia and
South Carolina, drew from them an augury of " a
happy conclusion " to the war. The divisions upon
the address of thanks in reply, showed the strength
of parties to be, in the Lords, 68 for, and 23 against,
and in the Commons, 213 for, and 130 against gov
ernment.

On May 30, 1781, Mr. Hartley moved for leave
to bring in a bill to restore peace with America.
Lord North declined to debate the question, on the
ground that it had been moved in two successive
sessions, and been voted down. Mr. Fox, however,
made one of his great speeches in its support, in
which, reviewing the course of the ministry and the

1 Parliamentary History, xxi., 654, etc.

IN THE LEGISLATURE. 61

conduct of the war, he predicted that independence
would have to be granted, and he charged on the
ministry that they were only prolonging the strug
gle for the selfish purpose of retaining office. The
motion was defeated by a vote of 72 for, and 106
against it.

On June 12, Mr. Fox moved for "a committee to
take into consideration the state of the American
war,'' basing his motion on the report of Lord Corn-
wallis of his operations in North Carolina, ending
in his retiring to Wilmington. This gave rise to a
spirited debate, in which William Pitt took part,
declaring his sympathy with his distinguished fa
ther in his opposition to the war. The division
showed 99 for, and 172 against, the motion. These
votes indicated that a large number of the Commons
were then ready to grant independence to America.

While Mr. Henry was recruiting his shattered
health at his Leatherwood estate, in 1780, the Brit
ish were dealing heavy blows to the Southern
States for whom Virginia was putting forth every
exertion. Governor Jefferson, with the powers
granted him under the acts of the Legislature, was
soon enabled to replace the Virginia troops taken
at Charleston, but he could only do so by fresh lev
ies of militia. On June 11, he wrote to General
Washington, that twenty-five hundred men would
move on the 19th under General Edward Stevens,
of Culpepper ; and he added : " Could arms be
furnished, I think this State and North Carolina
would embody from ten to fifteen thousand militia
immediately, and more if necessary." The members
of Congress from the extreme South insisted on

General Washington taking command of that de-

62 PATRICK HENRY.

partment in person, as the enemy was evidently
bending his energies for the subjugation of the
Southern States. This proposal was resisted by
some of the northern members, and the impression
began to be current that the northern members
had determined to sacrifice the two most southern
States. Of course, such a suspicion was productive
of the greatest animosity among the members.1

With a lack of judgment too often displayed,
Congress selected General Gates to succeed the un
fortunate Lincoln, and he assumed command in
June. Besides the fresh troops raised he had the
gallant Maryland and Delaware lines. Within two
months afterward, on August 16, the battle of
Camden was fought, in which the American army
was nearly annihilated. This battle cannot be
mentioned without a feeling of mortification at the
conduct of the Virginia and North Carolina militia,
which gave way at the first assault of the British
troops and fled from the field panic stricken. The
brave Continentals sustained the fight till they were
almost completely sacrificed, and finally yielded the
field, counting among their loss the gallant Baron
De Kalb, their leader. In view of the many in
stances of bravery displayed during the war by
the militia of these States, we may well look for
some cause for the disgrace at Camden, other than
a lack of valor. This is found in the want of gen
eralship displayed by Gates, who risked a pitched
battle with such a commander as Cornwallis, and
such troops as the British regulars, while his own
force consisted mostly of raw militia, who had
never heard an enemy's gun, and whose spirits were

! Sparks's Writings of WashingtoD, vii., 92-3.

IN THE LEGISLATURE. 63

broken by the forced marches by night, which the
season and climate had rendered necessary to get
them to his camp. That it was the mismanagement
of these raw troops which caused the disaster, was
demonstrated by the fine behavior of one of the
regiments of North Carolina militia, that under
Colonel Dixon, a splendid officer, who had been
trained in Washington's army, this regiment gal
lantly held its ground when the others fled, and
joining the veteran Marylanders, vied with them in
deeds of courage.

Cornwallis now felt that the conquest of South
Carolina was effected, as no resistance was left save
the diminished bands of partisans under Marion,
Surnter, and Pickens. After taking steps to secure
this State he moved from Camden, September 8,
to invade North Carolina, the conquest of which
was deemed certain before Congress could send an
other army to its relief. North Carolina subjected,
Virginia was to be the next victim of his arms.
But now occurred one of the most remarkable
events of the war, one which checked the victorious
advance of the British, and finally led to the close
of the struggle.

Cornwallis moved with his main body toward
Charlotte, the county seat of Mecklenberg County,
aiming at Salisbury, where Gates was collecting his
shattered forces. On the west, Tarleton with his
noted legion traversed the country, while further
west, and constituting the British left wing, Col
onel Patrick Ferguson moved with a force of about
1,200 men, of whom a few were Queen's rangers,
and the rest Tory regiments gathered in New York,
New Jersey, and the mountain districts of the

64 PATRICK HENRY.

Carolinas. He was a cousin of the famous Dr.
Adam Ferguson, and was considered one of the
finest officers in the British army. The material of
his force made it particularly obnoxious to the
Whigs, who had good reason for hating his men in
the exasperating excesses which attended their
march. In the fights at Cedar Spring and Mus-
grove's Mill, Ferguson for the first time heard the
deadly rifles of the Watauga men, who had crossed
the mountains under Isaac Shelby and were aiding
their Carolina neighbors to annoy, if they could not
destroy, the invaders. The defeat of Gates caused
Shelby to retire to Watauga, but he had not been
long at home before he received a message from
Ferguson, sent by a released prisoner, Samuel
Philips. " Tell him," said the proud Briton, " that
if he and the others do not desist from their opposi
tion to the British arms, I will march my army
over the mountains, hang their leaders, and lay
their country waste with fire and sword." Never
was a threat more disastrous to the person sending
it. The brave settlers over the mountains were
aroused by its delivery, and at once determined not
to wait for the hated Ferguson, but to destroy him,
if possible, before he attempted to cross the moun
tains. Colonel Shelby, and Colonel John Sevier, of
Washington County, North Carolina, first concerted
the plan, and despatched a messenger to Colonel
William Campbell, of Washington County, Virginia,
requesting him to join them. On September 25,
there assembled at Watauga, the appointed rendez
vous, 400 men from Washington County, Virginia,
under Colonel Campbell, 240 from Sullivan County,
North Carolina, under Colonel Isaac Shelby, 240

IN THE LEGISLATURE. 65

from Washington County, North Carolina, under
Colonel John Sevier, and 160 men under Colonel
Charles McDowell, who were refugees from Burke
and Rutherford Counties, North Carolina. On the
next day they began their march, Parson Doak,
their pioneer parson, blessing them, and adding, " Go
forth, my brave men — go forth with the sword of
the Lord and of Gideon." On the 30th, after cross
ing the mountains, they were joined by Colonel
Benjamin Cleveland and Major Joseph Winston,
with 350 men from Wilkes and Surry Counties,
North Carolina. The little army was mostly well
mounted, and armed with the deadly Deckard ri
fle, in the use of which every man was an expert.
Their baggage consisted of a blanket, a tin cup,
and a wallet filled with provisions, most frequent
ly parched corn and maple sugar. Here and there
a skillet might be seen, serving for a mess, and such
game as might fall in their way. On the march
they were joined by 270 of Sumter's men, under
Colonel Lacy, and 160 other recruits, making the
force 1,840 strong.

Before leaving Watauga Colonel Campbell had
been selected as the commander of this brave band.
He had not only the imposing figure so well becom
ing a great leader, but military genius of a high
order, and that rare capacity of inspiring his com
mand, as if by magnetism, with his own confidence
and indomitable courage. They were ever ready
to follow wherever he would lead.

While this band of brave volunteers was march
ing rapidly toward the British invaders, Ferguson
was waiting at Gilbert Town. Upon hearing of
their approach he took a position on King's Mountain.

66 PATRICK HENRY.

Campbell's van consisted of his 910 mounted
men, and fifty riflemen, who, outstripping the others,
had marched fifty miles in eighteen hours through
mud, rain, and darkness, and had overtaken the
horses. Although inferior to Ferguson in numbers,
he did not hesitate to attack him at once. Throwing
his force around the little mountain, he encircled
the enemy, and after a stubborn fight in which Fer
guson fell, he killed or captured the entire British
army consisting of 1,105 men.1 For this gallant
action Campbell and his officers and men received
the warm thanks of the Virginia Legislature and of
Congress, and never were men better entitled to the
lasting gratitude of their country.

The effect of this victory was to turn the tide of
war in the South. Cornwallis, who had advanced
beyond Charlotte on the road to Salisbury, at once
fell back to Winnsborough, in South Carolina,
where he waited for re-enforcements.

Sir Henry Clinton had sent General Leslie to
Portsmouth, Virginia, in October, with three thou
sand men, in order that he might meet Cornwallis
in his advance through North Carolina into Vir
ginia. He now ordered him to sail for Charleston,
and from there to join Cornwallis. In the meantime
the States of North Carolina and Virginia were
using every effort to raise another army to take the
place of the one destroyed at Camden. The invasion
of Leslie had for the time prevented the Virginia
troops from leaving her borders, but his departure
on November 12, released them, and they were

1 So stated in the resolution of the House of Delegates thanking Camp
bell and his men. See King's Mountain and its Heroes, by Lyman C.
Draper, for a full account of this battle and the incidents leading to ib.

IN THE LEGISLATURE. 67

sent south. Congress removed General Gates from
his command, and left it to Washington to appoint
his successor. He sent General Nathaniel Greene to
take charge of the southern department. Now, for
the first time, Cornwallis had to oppose in his
southern campaign a general fully his equal, if not
his superior. Greene reached his command in De
cember. He found it about two thousand strong, of
whom the greater part were militia. Among his
officers he found men of real ability in Generals
Smallwood and Morgan, and Colonels Washington,
Lee, Howard, Williams, and Carrington. He soon
won the confidence and enthusiastic admiration of
his men.

Cornwallis being re-enforced by Leslie, began to
move toward North Carolina again. At Cowpens,
January 17, 1781, his able Lieutenant, Tarleton, was
encountered by Morgan and badly beaten. In this
action the Virginia troops, including her militia,
were conspicuous for their bravery. Cornwallis
now determined to convert his whole army into light
troops by the destruction of his baggage, and with
a vastly superior force commenced to press Greene,
who retired before him. By masterly movements
he saved his army during a retreat through North
Carolina, crossing the Dan at Boyd's Ferry, now
South Boston, in Halifax County, Virginia, on Feb
ruary 12.1

Two days before reaching the Dan, Greene wrote
to Governor Jefferson,2 " Our force is so inferior,
that every exertion in the State of Virginia is ne-

1 See a detailed account of this retreat in Lee's "Memoirs of the
War" in the Southern department.

8 Calendar of Virginia State Papers, i. , 504.

68 PATRICK HENRY.

cessary to support us. I have taken the liberty to
write to Mr. Henry to collect fourteen or fifteen
hundred volunteers to aid us." The home of Mr.
Henry was in a county lying on the waters of the
Dan. That he at once responded to the call of
Greene is seen by the large re-enforcements which
joined his army on reaching the north bank of the
river. In Henry County, on receipt of the Gov
ernor's order to call out the militia, the officer re
plied that they had already joined General Greene
"in greater numbers than called for,"1 and the
Counties of Pittsylvania, Halifax, Charlotte, Prince
Edward, and others adjoining, were prompt to
send forward their militia.

Cornwallis, baffled in his pursuit, turned to Hills-
borough, and raised the royal standard there. But
soon Greene with his re-enforcements was able to re-
cross the Dan and move toward the enemy. At
first he avoided a battle, but being further re-enforced
by Colonel Campbell with 400 mountaineer rifle
men, a brigade of Virginia militia under General
Lawson, of Prince Edward County, two brigades of
North Carolina militia under Colonels Butler and
Eaton, and 400 regulars, he delivered battle at
Guilford on March 15, 1781. After a hotly con
tested day he was forced to leave the British in pos
session of the field. In this battle the Virginia militia
behaved with great bravery. Cornwallis suffered
so heavily, that he experienced all the disadvan
tages of a defeat, and, unable longer to hold North
Carolina, retired to Wilmington on the coast. Thus
the splendid campaign of Washington in 1776-7
was re-enacted by his able lieutenant in 1780-1.

1 Calendar of Virginia State Papers, i., 533.

IN THE LEGISLATURE. 69

Although another invading army, this time under
the traitor Arnold, was in Virginia, she had not with
held her re-enforcements to Greene, and of the 3,650
men with which he fought at Guilford, 2,481 were
Virginians, of whom 773 were Continentals.1 " The
great re-enforcements,'' wrote Cornwallis to Ger-
maine, " sent by Virginia to General Greene while
General Arnold was in the Chesapeake, are convinc
ing proofs that small expeditions do not frighten
that powerful province." 2

Greene also wrote to Washington directly after the
battle, " Virginia has given me every support I
could wish." 3 Indeed, the generous aid furnished by
Virginia to the common cause with an almost reck
less disregard of her own safety, is above all praise.
At this period she had by the return of her Gov
ernor, ten thousand men in Continental service, of
whom 7,500 were regulars.4 As indicated by the
foregoing extract from Cornwallis' letter, her pow
erful exertions determined the enemy to attack her
with a strong force, sufficient, as it was thought, to
effect her subjugation.

In addition to her contribution to the Continental
service, Virginia was again obliged to take active
measures to check the renewed disposition of the
Cherokees to aid the British in their war upon the
Southern States. In January, 1781, a parcel of her
militia, under Colonel Arthur Campbell, of Wash
ington County, with 300 men from the Watauga
settlement, under Colonel Sevier, and 400 men from
Sullivan County, North Carolina, all volunteers,

1 Bancroft, x., 479. 2 Idem.

3 Correspondence of the Revolution, iii., 267.

4Grirardin's continuation of Burk's History of Virginia, iv. , 425-480.
Randall's Jefferson, i., 290.

70 PATRICK HENRY.

went upon an expedition against the Cherokees, and
routing the warriors, burned their principal towns.
At a peace conference, the Virginians retained the
right to fortify a point at the junction of the Hol-
ston and Tennessee Rivers. The fort proved an
effectual check upon the Cherokees, and protected
the communication with the Mississippi, and the
route to Kentucky and the southwestern frontier.1

The ever restless northern tribes, instigated by
the British at Detroit, were a continual menace
to the security of the western frontier. General
George Rogers Clark now asked to be permitted to
undertake his long-desired expedition against that
fort, and the Governor of Virginia determined to
give him the needed men and means. Considerable
progress was made in preparing for the expedition
during the winter of 1780-81, but the enterprise
was finally abandoned in view of the pressing needs
of the State under the British invasion.2

At the North the year 1780 was one of excited
hopes for the American patriots, followed by dis
appointment. On July 10, a French fleet, under
Admiral De Ternay, having on board 5,000 troops
under the command of Count Rochambeau, arrived
at Newport, in Rhode Island. This was the first
instalment of the promised aid. Washington at
once concerted with the commander an attack upon
New York, but on the 13th, the British Admiral
Graves appeared with a superior fleet, and pre
vented the French from leaving the port. Wash
ington, whose own army was much reduced, was

1 Girardin, 472. Calendar of Virginia State Papers, i., 434.

2 See papers touching this expedition in Calendar of Virginia State
Papers, vol. i.

IN THE LEGISLATURE. 71

forced to await the arrival of the second division of
the French re-enforcement, and this was blockaded
in the harbor of Brest, by a British squadron. In
September the country was startled by Arnold's
treason and attempt to betray West Point into
the hands of the British, which was discovered and
prevented by the capture of Andre. Clinton, trust
ing the safety of New York to the superiority of
the British fleet, now detached Leslie to Virginia,
where he expected him to meet Cornwallis as the
conqueror of the Carolinas, as we have seen.

It was in this condition of affairs that the Assem
bly met at Kichmond, October 16. Mr. Henry
was promptly in his seat, with his health greatly
improved. The body did not get to work till No
vember 6, owing to the unusual number of ab
sences which the disturbed state of the country
produced. On that day Mr. Henry was made
chairman of the Committee of Privileges and Elec
tions, and of the committee to bring in a bill for
the better defence of the Southern frontier, and
was placed upon the Committees of Propositions
and Grievances, and of Courts of Justice. We also
find him during the session on committees to form
a plan for the defence of the eastern frontier of
the State ; to prepare bills for raising the State's
quota of men and money ; to settle the accounts of
the delegates to Congress, and the accounts of the
State with the United States; to draw bills for
the organization and maintenance of the navy, the
better regulation and discipline of the militia, and
the supplying the army with clothes and provisions.1
Of some of these committees he was chairman.

i Journal, 7, 8, 10, 14, 24, 45, 50, 51.

72 PATRICK HENRY.

Among the papers which he introduced, the fol
lowing are worthy of note :

Resolutions, that a special messenger be sent to
the Governor of North Carolina, urging the forma
tion of magazines of provisions for the use of the
Virginia soldiers going south ; that a proper per
son be appointed to lay before Congress the condi
tion of the South, and the resources of Virginia,
and to concert with that body, the minister of
France, and General Washington, the necessary
measures to be taken, and urging both France and
Spain to join in expelling the common enemy from
their late conquests ; that a French loan be nego
tiated ; that salt and money be sent to the families
of those who fell at King's Mountain ; that the Gov
ernor be empowered to impress clothing for the
Virginia line; for the removal of the Convention
troops out of the State during its invasion ; to dis
pense with supernumerary officers ; and to authorize
the Governor to change the next place of meeting
of the Legislature, in case of invasion.1

The work of this session shows the body fully
alive to the danger which threatened the common
wealth. Three thousand men were ordered to be
raised by draft, if necessary, to complete the State's
Continental quota, each recruit for the war to receive
twelve thousand dollars in paper money, and at its
close a healthy negro, or sixty pounds in specie, and
three hundred acres of land. The Governor was
empowered, in case of invasion, to call out any num
ber of men needed ; the several counties and corpor
ations were required to furnish the needed clothes,
provisions, and wagons ; additional treasury notes

1 Journal, 17, 35, 43, 57, 66, 76, 79.

IN THE LEGISLATURE. 73

not exceeding ten millions were ordered to be is
sued, and heavy taxes were laid to meet present
requirements and fund the old issues.

Among the acts there was one which was doubt
less the work of Mr. Henry, though the journal does
not disclose its author. It was the " act declaring
what shall be a lawful marriage." By its provi
sions a minister of any society or congregation of
Christians was authorized to celebrate the rite of
matrimony, and all marriages theretofore celebrated
by dissenting ministers were declared valid. This
law was passed in response to a memorial of the
Baptists, whose ministers for some time past had
been performing marriage ceremonies with doubtful
warrant of law, under the advice, it is said, of Mr.
Henry, as the best method of obtaining the proper
legislation.1

During the session General Gates, displaced from
his command, bowed down with shame at his defeat
at Caniden, and on his way to meet a court of in
quiry, reached Richmond. The Legislature exhib
ited a nobility far different from the spirit shown
in the conduct of King George, who refused to per
mit Burgoyne to enter his presence after his defeat
at Saratoga. On December 28, 1780, Mr. Henry, in
the House of Delegates, moved, " That a committee
of four be appointed to wait upon Major-General
Gates, and to assure him of the high regard and es
teem of this House. That the remembrance of his
former glorious services cannot be obliterated by
any reverse of fortune ; and that this House, ever
mindful of his great merit, will omit no opportunity
of testifying to the world the gratitude which, as a

1 Sample's Baptists in Virginia, 60.

74 PATRICK HENRY.

member of the American Union, this country owes
to him in his military character." This resolution
was unanimously adopted, and Messrs. Henry, R.
H. Lee, Lane, and General Nelson, were appointed
the committee to communicate it to General Gates.
The fallen hero was deeply moved by this generous
action of the House, and returned the following
answer :

" SIRS : I shall ever remember with the utmost
gratitude, the high honor this day done me by the
honorable the House of Delegates of Virginia.
When engaged in the noble cause of freedom and
the United States, I devoted myself entirely to the
service of obtaining the great end of their union.
That I have been once unfortunate is my great
mortification ; but let the events of my future ser
vices be what they may, they will, as they always
have been, be directed by the most faithful integ
rity, and animated by the truest zeal for the honor
and interest of the United States."

The special mission to Congress, moved by Mr.
Henry, was intrusted to Benjamin Harrison, who
succeeded in procuring an act assigning to the
southern army all the regular troops from Pennsyl
vania to Georgia inclusive, and the order for Lafay
ette to march south at once with a detachment of
1,200 regulars. This action proved most timely
and important in its results.

CHAPTER XXVII.

CESSION OF THE NOETHWEST TERRITORY. -1780- 81.

Resolution of Congress Requesting Cession of Western Lands. —
Contest between Virginia and the Land Companies. — Large
Claims of the Latter. — They Appeal to Congress. — Remon
strance of the Virginia Assembly.— Claims of other States to
Part of Virginia's Territory. — Action of Maryland. — Policy of
Spain. — Attempt to Treat with Her. — The Land Companies At
tempt to Bribe Congress. — Offer of Virginia to Cede her North
western Territory, and to Yield the Right to Navigate the Mis
sissippi, in order to Secare the Union. — The Conditions
Attached Opposed by the Land Companies. — Their Influence
upon the Action of Congress. — History of the Offer of Virginia
in Congress. — Final Acceptance. — Subsequent Action of the
Indiana Company. — The Claim of Virginia to the Northwestern
Territory Stated 'and Defended.

A MATTER of the gravest importance was brought
to the attention of the Legislature at this session
by the resolution of Congress of September 6, 1780,
which after reciting the refusal of Maryland to sign
the articles of confederation unless the western
lands were ceded to the Union, and the vital im
portance of the completion of the confederation,
urged " those States who have claims to the west
ern country, to pass such laws, and to give their
delegates in Congress such powers, as may effect
ually remove the only obstacle to a final ratifica
tion of the articles of confederation."

The questions which had been raised concerning
the western country were serious, and their solution
had been made more difficult by complications with

76 PATRICK HENRY.

other matters, and by the improper methods used to
influence the action of Congress. Their effect upon
the history of the United States requires a more
particular notice of them than has been heretofore
given in these pages.

The claim of Virginia that her territory extended
westward to the Mississippi River, between the
lines established by her charter of 1609, and that
no purchase of lands of the Indians within her bor
ders was valid, except by authority of the State,
not only aroused the jealousy of those States hav
ing no western territory, but excited the bitterest
hostility on the part of the great land companies
who were claiming large portions of her territory
under Indian grants. These were the Indiana,
Yandalia, Illinois, and Wabash Companies. The
two first named were the most persistent and effec
tive in their opposition to the claims of Virginia.
The Indiana Company based their rights upon a
purchase from the Six Nations in 1768, at Fort Stan-
wix, of a large tract of land south of Pennsylvania,
between the Laurel Hills on the east, the Ohio on
the west, and the Kanawha on the south.1 The grant
ees were William Trent, George Morgan, Evan
Shelby, John Gibson, and nineteen others.2 The
Vandalia Company originated in a scheme of
Thomas Walpole, Samuel Wharton, Benjamin
Franklin, and Thomas Pownal, in 1769, to form a
new colony on the south side of the Ohio River.
They applied to the King in council for the pur
chase of two million four hundred thousand acres,
and although opposed by Lord Hillsborough, then

1 Calendar of Virginia State Papers, i., 273.

2 Idem, vi. , 4.

CESSION OF THE NORTHWEST TERRITORY. 77

President of the Board of Trade, an order was
passed granting their petition, but the patent was
never signed. The intended purchase was known as
the " Walpole Grant," the company formed was
called the ".Grand Company," and they proposed
to name the Colony " Vandalia." l Their proposed
boundaries would have taken in the territory of
Virginia between the Alleghany Mountains and the
Ohio River,2 now West Virginia, and included the
land claimed by the Indiana Company. The Illi
nois and Wabash Companies claimed lands north of
the Ohio, purchased of the Indians since the begin
ning of the war. They were united and did not at
first dispute the territorial rights of Virginia.3

The Indiana Company having commenced to sell
lands to settlers, the Virginia Convention, on June
24, 1776, declared that no purchase of lands within
her chartered limits should be made of any Indian
tribe without the approbation of the Legislature,
and appointed a commission to take evidence
against the persons claiming under such purchases.
Thereupon the Indiana Company presented a mem
orial to the Legislature, dated October 1, 1776, pro
testing against any impeachment of their title.
Upon the report of the commissioners, the Legisla
ture reaffirmed the position previously taken, and
by resolution, May 18, 1779, declared, that the pur
chases by individuals of Indian titles enured solely
to the commonwealth, and proceeded to open a land
office to dispose of the lands south of the Ohio.
The company next appealed to Congress in a mem-

1 Writings of Washington, ii., 483-5. Old Northwest, by Hinsdale, 133.

2 Writings of Washington, ii., 357 and 360.

3 Calendar of Virginia State Papers, i., 314.

78 PATRICK HENRY.

orial dated September 11, 1779, in which, after deny
ing the right of Virginia to the western lands, they
claimed that sovereignty over them was vested in
the United States in Congress assembled, as succes
sors to the rights of the crown, and prayed that
Congress would hear and determine their dispute
with Virginia.

The Virginia delegates protested against the con
sideration of this memorial, but Congress on Oc
tober 30, 1779, hesitating to assume jurisdiction in
the matter, yet not declining it, recommended to Vir
ginia to reconsider her act for opening a land office,
and requested that all States claiming western land
forbear to issue warrants for them during the war.

This memorial and the action of Congress thereon
called forth an able remonstrance from the Virginia
Assembly, drawn by George Mason, and adopted
December 10, 1779. In it they say :

" Congress have lately described and ascertained
the boundaries of these United States, as an ulti
matum in their terms of peace. The United States
hold no territory but in right of some one individual
State in the Union. The territory of each State,
from time immemorial, hath been fixed and deter
mined by their respective charters, there being no
other rule or criterion to judge by. Should these in
any instance (when there is no disputed territory
between particular States) be abridged without the
consent of the States affected by it, general confu
sion must ensue; each State would be subjected, in
its turn, to the encroachments of the others, and a
field opened for future wars and bloodshed; nor
can any arguments be fairly urged to prove that
any particular tract of country, within the limits
claimed by Congress on behalf of the United States,

CESSION OF THE NORTHWEST TERRITORY. 79

is not part of the chartered territory of some one of
them, but must militate with equal force against
the right of the United States in general, and tend
to prove such tract of country (if northwest of the
Ohio River) part of the British province of Canada.
" When Virginia acceded to the articles of confed
eration, her rights of sovereignty and jurisdiction
within her own territory were reserved and secured
to her, and cannot be infringed or altered without
her consent. . . . The General Assembly of
Virginia have heretofore offered Congress to furnish
lands out of their territory on the northwest side of
the Ohio River, without purchase money, to the
troops on Continental establishment. . . . But
although the General Assembly of Virginia would
make great sacrifices to the common interest of
America (as they have already done on the subject
of representation), and will be ready to listen to any
just and reasonable propositions for removing the
ostensible cause of delay to the complete ratification
of the confederation, they find themselves impelled
by the duties which they owe to their constituents,
to their posterity, to their country, and to the
United States in general, to remonstrate and protest,
and they do hereby, in the name and on behalf of
the commonwealth of Virginia, expressly protest
against any jurisdiction or right of adjudication in
Congress upon the petitions of the Vandalia and In
diana Companies, or on any other matter or thing
subversive of the internal policy, civil government,
or sovereignty of this or any other of the United
States, or unwarranted by the articles of confed
eration." 1

This able paper effectually disposed of the claim
of sovereignty in the United States over the west-

J Journal of House.

80 PATRICK HENRY.

era territory, and its positions have been since fully
sustained by the Supreme Court of the United
States. But another claimant had appeared to con
test Virginia's rights. The State of New York pufc
up a claim to all of the lands occupied or claimed
by the Six Nations and their tributaries, which em
braced all the northwestern lands and some south of
the Ohio, on the ground of a protectorate over these
tribes ; and then, with an air of great generosity, her
Legislature on March 7, 1780, authorized her dele
gates in Congress to cede to the United States this
territory, " to accelerate the federal alliance." This
baseless claim, and its transfer to Congress, was
doubtless for the purpose of furnishing that body
with a pretext to claim these lands against Virginia,
as was subsequently attempted in a committee's re
port.

The States of Connecticut and Massachusetts also
laid claim to a part of the western territory under
their charters. Connecticut claimed the strip be
tween the parallels of 41° and 42° 2' north latitude,
and Massachusetts a strip north of this. The claim
of New York was large enough to cover these also,
as they were within the hunting grounds of the Six
Nations.

The act of New York did not satisfy Maryland,
which still refused to sign the articles of confedera
tion. Indeed, that State was evidently in accord
with the land companies. Her declaration of De
cember 15, 1778, of the reasons which determined
her to withhold her assent to the articles, made a
condition of such assent, that the United States
should have the right "to all lands lying westward
of the frontiers, not granted to, surveyed for, or

CESSION OF THE NORTHWEST TERRITORY. 81

purchased by individuals, at the commencement of
the present war." ]

The act of New York contained no condition in
conflict with the claims of the land companies, but
Maryland, having no confidence in her asserted
right, waited for Virginia to act.

Upon consideration of the instructions of Mary
land to her delegates, the remonstrance of Virginia,
and the act of New York, Congress on September
6, 1780, waiving all discussion of the serious ques
tions involved, passed the resolution heretofore
noticed, earnestly recommending to the claimant
States to remove the only obstacle to the confedera
tion by ceding their claims to the United States.
The companies now proposed to the Virginia dele
gates, by a letter of November 16, to submit
their dispute to arbitrators to be chosen by Con
gress. This was declined on the ground that Vir
ginia had finally decided the matter, and it was
derogatory to her sovereignty to allow an appeal
from her decision on a claim of individuals.2

Another matter of serious import now entered
into the complication. It grew out of the selfish
policy of Spain. That kingdom had refused to
enter into treaties with the United States, though
at war with Great Britain. Her movements in
America indicated a disposition not only to possess
herself of the territory held by the British, but also
of the entire valley of the Mississippi, into which
she sent an expedition in 1779. A portion of the
letter of Congress to Jay, of October 17, 1780, was
devoted to combating her right to possess herself of

1 See this paper in Hening's Statutes at Large, x., 549.

2 MS. Executive Communication in 1780.

82 PATRICK HENRY.

the territory of the United States, although she
might find it temporarily under British dominion.
Another part argued the right of the United States
to the free navigation of the Mississippi to the Gulf,
which Congress, at the instance of Virginia, had re
quired to be a condition of any treaty, but which
it was understood Spain was loath to grant. This
disposition of Spain to acquire western territory,
was discovered by George Rogers Clark in his in
tercourse with her authorities in St. Louis. He
wrote to Governor Jefferson, March, 1780, "I am
not clear but the Spaniards would fondly suffer
their settlements in the Illinois to fall with ours,
for the sake of having the opportunity of retaking
both. I doubt they are too fond of territory to
think of restoring it again." *

The subjugation of Georgia and South Carolina
by the British excited serious alarm. It was well
known that the neutral powers in Europe were at
tempting to force a peace, and there was danger
that such a peace might be on the principle of uti
possidetis, and so Georgia and South Carolina be
left in possession of Great Britain, or partly in
the possession of Spain under conquests from the
English. This made it of the greatest importance
to engage Spain in a treaty, which would not only
prevent her from conquering any of the territory of
the United States for herself, but would secure her
aid in wresting it from British occupation for the
United States. The delegates from the occupied
States, after October 17, 1780, pressed these con
siderations upon Congress, and insisted that in
order to effect a treaty with Spain, and obtain pe-

1 Virginia Calendar of State Papers, i., 338.

CESSION OF THE NORTHWEST TERRITORY. 83

cuniary and other aid from her, it would be better
to yield temporarily the right to the free naviga
tion of the Mississippi, however important to the
western country, and to this view they won Colonel
Bland, one of the two Virginia delegates in attend
ance,1 and enough of the other delegates to carry
their proposal, if need be, without the vote of Vir
ginia.

To add to the embarrassments of the territorial
questions, the country learned with horror that the
land companies had bribed some of the members of
Congress by giving them stock in their enterprises.
A rumor to this effect is mentioned by George
Mason in a letter to Joseph Jones, one of the Vir
ginia delegates, July 27, 1780.2

The whole subject of the western lands was
brought to the attention of the Legislature by the
resolution of Congress of September 6, and by let
ters from the Virginia delegates. Among these a
letter from Colonel Bland of November 22, 1780,
addressed to the Governor, contained the following
passages :

" It may not be improper to inform your Excel
lency and (through your Excellency) the Legisla
ture, who we suppose may be now sitting, that
every art has been and 'tis probable may be used,
by that company (the Indiana) to extend their in
fluence and support their pretensions, and we are
sorry to say that we have suspicion founded upon
more than mere conjecture, that the land jobs of
this company, and the Vandalia and Illinois com
panies, have too great an influence in procrastinat-

1 Letter of James Madison, Madison's Works, vol. iv. , 558, etc.

2 Bland Papers, ii., 130.

84 PATRICK HENRY.

ing that desirable and necessary event of complete -
ing the confederation, which we hope the wisdom,
firmness, candor, and moderation of our Legislature
now in session will remove every obstacle to.

" We could wish also, and we think it a duty we
owe to our constituents, to call their attention to
a revision of our former instructions relative to
the navigation of the Mississippi — that should any
overtures from Spain be offered which are advan
tageous to the United States, and which might con
tribute not only to relieve our present necessities,
but promise us peace and a firm establishment of
our independence, it might not be considered as
an object that would counterbalance the distant
prospect of a free navigation of that river, with stip
ulated ports — which may perhaps, under another
form or at some more convenient opportunity, be
obtained from that nation, in behalf of our citizens
settled on its banks and waters. Having shown
the above to my colleague, Mr. Madison, he has
thought it unnecessary to join in that part of it
relating to our instructions on the subject of the
navigation of the Mississippi." l

These papers found the Virginia Assembly ready
to consider the grave matters contained in them
in the most patriotic spirit. Colonel Mason, who
had drawn the remonstrance of December 10, 1779,
had written to Mr. Jones in the letter of July 27,
1780, already cited, as follows :

" Nothing has been moved in our assembly re
specting our western territory since the remon
strance to Congress, nor do I think there will be
shortly, unless there are some propositions from
Congress on the subject; but I am sure the most

1 MS. Executive Communication of 1780.

CESSION OF THE NORTHWEST TERRITORY. 85

judicious men in our legislature, and the firm friends
to American independence, are well disposed, for
the sake of cementing our union, and accelerating
the completion of the confederation, to make great
cessions to the United States, and wish for such
reasonable propositions from Congress as they can
unite in supporting. You will observe a hint in
the remonstrance to this purpose ; it was intended
to bring on offers from Congress."

We learn from this that in 1779, before New
York authorized her cession, Virginia was ready to
cede to the United States, on reasonable terms,
the northwestern territory, in order to complete
the confederation and cement the union, and only
waited for Congress to propose it. We may be
well assured also that Patrick Henry, who had just
resumed his seat in the Legislature, and was on the
most intimate terms with Colonel Mason, agreed
with him in this policy. The latter would have
certainly included him among " the most judicious
men in our legislature, and the firm friends to
American independence." This letter of Colonel
Mason is remarkable also for indicating the terms
upon which the cession should be made, which were
almost identical with those subsequently proposed.
These conditions, he writes, he is satisfied, after
taking pains to inform himself, will be acceptable
to the Legislature; which means that Mr. Henry
with other leaders approved them.

The matters connected with the western territory
were fully debated by the House of Delegates in
committee of the whole till January 1. On the
next day, the last of the session, the body agreed
to the report of the committee of the whole, and

86 PATRICK HENRY.

adopted the celebrated resolutions for tlie cession
to the United States of the territory northwest of
the Ohio River.

The generous motive of Virginia for this act is
shown in the preamble, which is as follows :

" The General Assembly of Virginia being well
satisfied that the happiness, strength, and safety of
the United States depend, under Providence, upon
the ratification of the articles for a Federal Union
between the United States, heretofore proposed by
Congress for the consideration of the said States re
spectively, and preferring the good of their country
to every other object of smaller importance, do Re
solve, etc."

The conditions attached to this magnificent grant
were :

1st. That the Territory should be formed into
states, not less than 100, nor more than 150 miles
square.

2d. That Virginia should be reimbursed her actual
expenses incurred on account of the territory ceded
since the commencement of the war.

3d. That the French and Canadian settlers who
had taken the oath of allegiance to Virginia, should
be protected in their persons and property.

4th. That the lands promised to Colonel George
Rogers Clark and his men should be secured to
them.

5th. That in case the lands reserved on the
southeast side of the Ohio for the Virginia troops
on Continental establishment, should prove insuffi
cient, the quantity promised them should be made
up on the northwest side of the river.

CESSION OF THE NORTHWEST TERRITORY. 87

6th. That the lands ceded should be considered
a common fund for the United States, according to
their usual respective proportions in the general
charge and expenditure ; and therefore,

7th. That all purchases from the Indians by pri
vate persons should be deemed and declared abso
lutely void, and of no effect.

8th. That all the remaining territory of Virginia
between the Atlantic Ocean and the southeast side
of the Ohio should be guaranteed to the common
wealth by the United States.

The cession was to be of no effect until all the
States ratified the proposed articles of confedera
tion, and the other States having claims were called
on to cede them likewise.

A resolution was added consenting to the yielding
by Congress of the free navigation of the Missis
sippi, " if insisting on the same is deemed an im
pediment to a treaty with Spain." 1

Her readiness to make these great sacrifices for
the common welfare, was in keeping with the noble
conduct of Virginia during the entire Revolutionary
struggle, but perhaps no act of hers has excited
greater admiration, nor had a greater effect upon
the history of America, than her cession of the
northwestern territory.2

Fortunately, her resolution concerning the free
navigation of the Mississippi wrought no evil.
Congress acting upon it, changed Jay's instructions
upon this point,3 but Spain was not willing to treat
on any terms, and as soon as the emergency passed,

1 Journal, p. 80.

2 It not only effected the completion of the confederation, but by en
dowing it with so large a property, it gave it credit, and the character
istic of a nation. 3 Secret Journal, ii., 393.

88 PATRICK HENRY.

Virginia recalled her resolution, and Congress re
turned to her first instruction on the subject.

The condition of her cession of the northwestern
territory, making it dependent on Maryland's sign
ing the confederation, had the desired effect. On
February 2, 1781, the legislature of that State au
thorized her delegates to sign the articles. In
order to avail herself of Virginia's cession she
abandoned her position in favor of the land com
panies, whose claims, it was apparent, would be de
feated by the conditions annexed.

But these companies were not ready to give up
their struggle. Their efforts were redoubled in the
halls of Congress, and the generous proposal of
Virginia, in consequence, met with a disgraceful
reception. On January 31, 1781, the act of Con
necticut of October previous, of New York of Feb
ruary 19, 1780, and of Virginia of January 2, 1781,
each authorizing a cession of claims to northwestern
lands, were referred to a committee of seven, whose
report, if ever made, is not noted on the Journal.
At a later date, these territorial cessions and the
memorials of the land companies were referred to a
committee of five, composed of Mr. Boudinot, of
New Jersey ; Mr. Varnum, of Rhode Island ; Mr.
Jenifer, of Maryland ; Mr. Smith, of Pennsylvania ;
and Mr. Livermore, of New Hampshire. All of
these States, except the last named, had shown the
most determined opposition to Virginia's claims.1
The composition of the committee, and the reference
to it of the memorials, plainly discovered the influ
ence controlling Congress. The committee, in en
tering upon its \vork, left the Virginia delegates no

1 Rives's Madison, i. , 454.

CESSION OF THE NORTHWEST TERRITORY. 89

room to doubt as to its intention. It summoned
them to defend the claims of Virginia against the
adverse claims of the companies. This summons
the delegates did not obey, but brought the matter
to the attention of Congress on October 16, 1781,
and asked that the committee be arrested in their
course. But their appeal was in vain. The Virginia
delegates very properly gave as the reasons for de
clining to appear before the committee, that the juris
diction of Congress in territorial questions, under the
articles of confederation just adopted, was limited to
disputes between different States, and it was prohib
ited from taking cognizance of questions between in
dividuals and States ; that the claims of the com
panies against Virginia were cognizable alone by the
State, and it was in derogation of her sovereignty to
be drawn into a contest by them before foreign tri
bunals ; that Congress had asked for cessions because
it had deemed it inexpedient to enter upon the dis
cussion of the rights of the claimant States, and it
was not proper to make an act of cession the occa
sion for entering upon such a discussion.1

It was contended on the other hand, that the con
ditions annexed to Virginia's proposed grant re
quired an investigation of her rights and those of
the land companies.

On November 3, 1781, the committee made an
elaborate report, recommending that Congress ac
cept the cession made by New York, and giving as
their reasons :

" 1st. It clearly appeared to your committee,
that all the lands belonging to the Six Nations of

1 Old Northwest, 226. -Journal of Congress, vi., 158.

90 PATRICK HENRY.

Indians and their tributaries have been in due form
put under the protection of the crown of England
by the said Six Nations as appendant to the late
government of New York, so far as respects juris
diction only.

" 2d. That the citizens of the said colony of New
York have borne the burthen, both as to blood and
treasure, of protecting and supporting the said Six
Nations of Indians and their tributaries for upwards
of 100 Years last past, as the dependents and allies
of the said government.

u 3d. That the Crown of England has always con
sidered and treated the country of the said Six Na
tions, and their tributaries, inhabiting as far as the
45th degree of north latitude, as appendant to the
Government of New York.

" 4th. That the neighboring colonies of Massa
chusetts, Connecticut, Pennsylvania, Maryland, and
Virginia, have also from time to time by their pub
lic acts recognized and admitted the said Six Na
tions and their tributaries, to be appendant to the
government of N. York.

" 5th. That by congress accepting this cession the
jurisdiction of the whole western territory belong
ing to the Six Nations and their tributaries, will be
vested in the United States, greatly to the advan
tage of the Union."

They then recommend that Congress decline the
proposed cession of Virginia for the following rea
sons :

" 1st. It appeared to Your committee from the
vouchers laid before them, that all the lands ceded
or pretended to be ceded to the United States by
the State of Virginia, are within the claims of the
States of Massachusetts, Connecticut, and New York,

CESSION OF THE NORTHWEST TERRITORY. 91

being part of the lands belonging to the said Six
Nations of Indians and their tributaries.

" 2d. It appeared that great part of the lands
claimed by the State of Virginia and requested to
be guaranteed to them by Congress, is also within
the claim of the State of New York, being also a
part of the country of the said Six Nations and
their tributaries.

" 3d. It also appeared that a large part of the
lands last aforesaid, are to the westward of the
west boundary line of the late colony of Virginia,
as established by the king of Great Britain in coun
cil previous to the present revolution.

" 4th. It appeared that a large tract of said lands
hath been legally and equitably sold and conveyed
away under the government of Great Britain before
the declaration of independence, by persons claim
ing the absolute property thereof.

" 5th. It appeared that in the Year 1763, a very
large part thereof was separated and appointed for
a distinct government and colony by the king of
Great Britain, with the knowledge and approbation
of the government of Virginia.

" 6th. The conditions annexed to the said cession
are incompatible with the honor, interest, and peace
of the United States, and therefore, in the opinion
of your committee, altogether inadmissible."

After thus discrediting Virginia's title, the Com
mittee arrogantly

" Recommend to the State of Virginia as they
value the peace, welfare and increase of the United
States, that they reconsider their said act of cession,
and by a proper act for that purpose, cede to the
United States, all claims and pretensions of claims
to the lands and country beyond a reasonable west
ern boundary, consistent with their former acts

92 PATRICK HENRY.

while a colony under the power of Great Britain,
and agreeable to their just rights of soil and juris
diction at the commencement of the present war,
and that free from any conditions and restrictions
whatever."

Taking up the claims of the land companies, the
committee reported that the title to the lands claimed
by the Indiana Company be confirmed to them, as
properly purchased of the Indians, with the appro
bation of the Crown of Great Britain ; that the
agreement of purchase from the Crown by the Van-
dalia Company was never completed by affixing the
seals and passing the usual forms of office ; that the
immoderate and extravagant grant claimed by them
was incompatible with the interests, government,
and policy of the United States, and should not be
confirmed, but that the members should be reim
bursed, out of the lands claimed, the costs and
charges to which they had been subjected ; that the
claim of the Illinois and Wabash Companies be dis
allowed on the ground that their purchases had been
irregularly made, and " that the Six Nations and
their tributaries claim the same lands, in opposition
to the Indians conveying the same in the deeds to
said companies."

Had this report been written by the agent of the
Indiana Company, it could not have been more en
tirely in their interest. It came up for consideration
on April 18, 1782, when it was effectually killed by
the motion of Mr. Lee, seconded by Mr. Bland,
" that previous to any determination in Congress,
relative to the cessions of the western lands, the
name of each member present be called over by the
secretary, that on such call, each member do declare

CESSION OF THE NORTHWEST TERRITORY. 93

upon liis honour, whether he is, or is not, personally
interested, directly or indirectly, in the claims of any
company or companies, which have petitioned against
the territorial rights of any one of the States, by
whom such cessions have been made, and that such
declaration be entered on the journal." l

The members were not willing to stand the search
ing inquisition of this motion. It was parried, and
the report of the committee postponed from time to
time till May 6, when it was postponed indefinitely.2

On October 29, 1782, on the motion of Maryland,
Congress accepted the deed executed by New York,
but without any formal consideration of the pre
vious report. Finally, after repeated efforts on the
part of the Virginia delegates to obtain a vote on
the proposed cession by Virginia, on June 4, 1783,
so much of the report of November 3, 1781, as re
lated to her act, was referred to a committee consist
ing of Mr. Rutledge, of South Carolina ; Mr. Bed
ford, of Delaware ; Mr. Carroll, of Maryland ; Mr.
Higginson, of Massachusetts, and Mr. Wilson, of
Pennsylvania. Their report, which was favorable
to the acceptance, was taken up for discussion on
June 20, 1783, when a violent remonstrance by the
Legislature of New Jersey was read, which referred
to the act of Virginia as " partial, unjust, and illib
eral," and accused her of " aggrandizing herself by
the unjust detention of that property, which had
been procured by the common blood and treasure of
the whole, and which, on every principle of reason
and justice, is vested in Congress for the use and
general benefit of the Union they represent," and
closed by asking that the cession of Virginia be re-

1 Journal of Congress, vii., 263. 2 Idem, vii., 283.

94 PATRICK HENRY.

jected.1 The matter was again referred to a com
mittee, consisting of Mr. Rutledge, Mr. Ellsworth,
Mr. Bedford, Mr. Gorham, and Mr. Madison, who
reported September 13, 1783, advising the accept
ance of the cession of Virginia, if her conditions
should be slightly modified. The modifications pro
posed were, to omifc the seventh condition, annulling
the Indian purchases, as fully covered by the sixth,
which required the lands ceded to be held as a com
mon fund for the use and benefit of the United
States ; and to omit also the eighth condition, which
guaranteed the remaining territory to Virginia,
" inasmuch as if the land above mentioned is really
the property of the State of Virginia, it is suffi
ciently secured by the Confederation, and if it is
not the property of that State, there is no reason or
consideration for such guarantee."

This report was agreed to by the vote of every
State except New Jersey, which voted against it,
and New Hampshire, which had no quorum present
in her delegation.2

The Legislature of Virginia, at its fall session,
1783, accepted these modifications, which did not
really change her conditions, and authorized a deed
to be made, which was tendered by Thomas Jeffer
son, Samuel Hardy, Arthur Lee, and James Mori-
roe, her delegates in Congress, March 1, 1784.

The acceptance of it was resisted by George
Morgan, agent for the Indiana Company, and by the
State of New Jersey, in a petition that day filed,
but Congress accepted the deed as tendered. At
the same time the body, by a vote of six States to
three, voted down a resolution offered by Mr.

1 Journal of Congress, viii., 204-5. * Idem, viii., 260.

CESSION OF THE NORTHWEST TERRITORY. 95

Beatty, of New Jersey,1 to the effect that the ac
ceptance fl shall not be considered as implying any
opinion or decision of Congress respecting the extent
or validity of the claim of the commonwealth of
Virginia, to western territory by charter or other

wise."

The following interesting account of the action of
Congress was given by Mr. Jefferson in a letter to
Governor Harrison, March 3, 1784:

" On receiving the act of Assembly for the West
ern Cession, our delegation agreed on the form of the
deed ; we then delivered to Congress a copy of the
act, and the form of the deed we were ready to exe
cute, whenever they should think proper to declare
they would accept it. They referred the act and
deed to a committee, who reported the act of as
sembly to comport perfectly with the proposition of
Congress, and that the deed was proper in its form,
and that Congress ought to accept the same. On
the question to agree to the report of the committee,
eight States being present, Jersey was in the nega
tive, and S. Carolina and Pennsylvania divided
(being represented each by two members). Of
course there were 5 ayes only &, the report fell.
We determined, on consultation, that our proper
duty was to be still, having declared we were ready
to execute, we would leave it to them to come for
ward and tell us they were ready to accept. We
meddled not at all therefore, &> shewed a perfect
indifference. N. Hampshire came to town, which
made us 9 States. A member proposed that we
should execute the deed and lay it on the table.
Such, after what had been done by Congress, would
be final, urging the example of N. York which had

1 Journal of Congress, ix., 45, etc.

96 PATRICK HENRY.

executed their deed, laid it on the table, where it
remained 18 months before Congress accepted it.
We replied, No, if these lands are not offered for
sale the ensuing spring, they will be taken from us
all by adventurers. We will not therefore put it
out of our power, by executing a deed, to sell them
ourselves, if Congress will not. A member from
Rhode Island then moved that Congress should ac
cept. Another from Jersey proposed as an amend
ment a proviso, that it should not amount to an
acknowledgment of our right. We told them we
were not authorised to admit any conditions or pro
visoes, that their acceptance must be simple, abso
lute & unqualified, or we could not execute. On
the question there were 6 ayes, Jersey no, S. Caro
lina and Pennsylvania divided. The matter dropped
& the house proceeded to other business. About an
hour after the dissenting Pennsylvanian asked &
obtained leave to change no, into aye. The vote
then passed & we executed the deed." 1

The Indiana company afterward sued the State
in the Supreme Court of the United States, in 1792,
upon its claim, and the suit resulted in the adop
tion of the llth amendment of the United States
Constitution, prohibiting such a suit in the United
States courts.2 The suit was thereupon dismissed,
and the company was no longer able to annoy the
State.

Massachusetts, on April 19, 1785, executed a deed
to the United States surrendering her claim, except
to the western part of New York ; and Connecticut,
on May 26, 1786, ceded her claim, reserving a strip
of land along the international boundary line,

1 MS. Letter among Executive Communications of Governor Harrison.

2 Virginia Calendar of State Papers, vi., 1, 301.

CESSION OF THE NORTHWEST TERRITORY. 97

known afterward as the Western Reserve. South
Carolina and Georgia deeded their claims to vacant
lands later.

Although Congress expressly disapproved the re
port of November 3, 1781, by accepting Virginia's
deed with the conditions annexed, yet, as that re
port has since been appealed to as evidence against
Virginia's right to the territory she ceded, it is
proper to notice the grounds on which the State
based her claims which were contested by the com
mittee.

The claim of Virginia was founded upon her char
ter of 1609, granted by King James, as modified by
the treaty between England and France in 1763;
and upon the conquest made by her troops under
George Rogers Clark.

The charter depended, of course, upon the right
of the King to grant it. That right was founded on
discovery, and wras recognized and acted upon by
all the European nations that made settlements in
America. As between the discoverers and the na
tives, it impaired the rights of the latter, wrho were
allowed simply a right of occupancy, but with no
right to dispose of the soil. This right of occu
pancy in the natives could not be transferred to any
one without the consent of the discoverers, who had
the exclusive right of extinguishing the title which
occupancy gave. This extinguishment could be
effected either by purchase or by conquest. These
principles were adjudged to be the foundation of
the rights of the Europeans in America, by the
Supreme Court of the United States, in 1823,1 and
had been acted upon by Virginia persistently, both

1 Johnson vs. Mclntoah, 8 Wheaton, 543.

98 PATRICK HENRY.

while a colony and as a State.1 However unjust
they might appear to the Indians, no European
could deny their validity, as upon them depended all
the grants under which America was settled after
its discovery. The first two charters of Virginia,
in 1607 and 1609, were to the Virginia Company
of London, and it is claimed distinctly by some,
though only hinted at in the committee's report,
that the judicial proceedings in the Court of King's
Bench, ending on June 16, 1624, in an order, "That
the patent or charter of the company of English
merchants trading in Virginia, and pretending to
exercise a power and authority over his majesty's
good subjects there, be henceforth null and void," 2
annulled the charter limits of the colony. But no
such effect was intended, nor in fact followed from
this judgment. It simply " invested in the crown
the powers of government of the colony and the
title to the lands within its limits." 3 This, which
was the conclusion of the Supreme Court of the
United States, is abundantly shown by the subse
quent history of the colony. On May 13, 1625, the
King issued his proclamation in which it is stated
that, "having judicially repealed the letters patent
of incorporation to the company of Virginia, and
undertaken the government, the King declares the
territories of Virginia, the Somer Islands, and New
England shall form part of his empire, and the
government of Virginia immediately depend upon
himself. That councils shall be established for the
immediate care of the affairs of that colony, one in

1 Evidence of this is found in Hening's Statutes at Large.

2 Virginia Company of London, 417.

3 Johnson va. Mclntosh, 8 Wheaton, 578.

CESSION OF THE NORTHWEST TERRITORY. 99

England, the other subordinate and resident in Vir
ginia." 1 This proclamation negatives the idea of
any change in the territorial limits of Virginia, and
all the acts of the Virginia councils, and of the
Virginia legislatures, subsequently, were based upon
the claim of the same territorial limits to the colony
under royal government, as under the charter of the
company. These acts were with the approval of
the government in England. The only subsequent
limitations of the territory of Virginia by the King,
were in the treaty of 1763, with Spain and France,
whereby the Mississippi was designated as the west
ern boundary ; and in the charters granted to the
colonies of Maryland, Pennsylvania, and North and
South Carolinas, which were more or less carved out
of the territory of Virginia, and were understood so
to be, she protesting against them.

The territorial limits of Virginia, as fixed by her
charter of 1609, were " from the point of land called
Cape or Point Comfort, all along the sea-coast to the
northward two hundred miles, and from the said
Point of Cape Comfort all along the sea-coast to the
southward two hundred miles, and all that space
and circuit of land lying from the sea-coast of the
precinct aforesaid up into the land throughout from
sea to sea, west and northwest, and also all the is
lands lying within one hundred miles along the
coast of both seas of the precinct aforesaid." As
Point Comfort is on or near the 37th degree of lati
tude north, the four hundred miles on the Atlantic
coast reached from about the 34th to the 40th de
gree of latitude. But the lines across the continent,
as designated, were not without difficulty. They

1 Calendar of State Papers, Colonial. Sainsbury, under date of 1625.

100 PATRICK HENRY.

were plainly intended to reach from the Atlantic to
the Pacific, then called the South Sea, and one was
to be west and the other northwest. The only way
of fulfilling these conditions was to run the lower
line due west along the 34th parallel of latitude,
and to run the upper line northwest, commencing on
the Atlantic coast where the 40th parallel strikes
it.1 Such was the construction adopted by Vir
ginia. The charter of New England, which was
granted in 1620, gave the territory between the 40th
and 48th degrees of latitude " throughout all the
main lands from sea to sea. . . . and also
within the said islands and seas adjoining, provided
always that the said islands, or any of the premises
herein before mentioned, and by these presents in
tended and meant to be granted, be not actually
possessed or inhabited by any other Christian
Prince or Estate, nor to be within the bounds, lim-
itts, or territoryes of that southern collony hereto
fore by us granted to be planted by divers of our
loving subjects in the south Part, <fec." 2 Subse
quent charters to the New England colonies con
tained like restrictions. "Whatever therefore had
been granted to Virginia in 1609, was reserved to
her by the New England charters, and the claims
of Massachusetts and Connecticut could in no way
interfere with her territory.

By the lines claimed by Virginia the larger part
of the territory embraced in the limits of Pennsylva
nia, and all the territory west and northwest of that
State south of the lakes, were within her charter
limits. But this territory was limited by the treaty

1 Old Northwest, 75.

- Charters and Constitutions, Poore. Old Northwest, 7o.

CESSION OF THE NORTHWEST TERRITORY. 101

of Paris in 1763, which fixed the Mississippi as the
western boundary of the English colonies, and ex
tinguished the claim of France to all the territory
south of the lakes and east of the Mississippi. On
October 7, 1763, the British King issued his proc
lamation 1 fixing the government of the territory ac
quired for the first time by this treaty, but not em
bracing in the new acquisitions the territory claimed
by Virginia in the northwest, that being treated as
under the government established by previous char
ters. This proclamation then proceeded to provide
against the molestation or disturbance of the In
dians, who were under British protection, in the pos
session of such lands " as not having been ceded to
or purchased by us, are reserved to them or any of
them as their hunting grounds." It commands the
governors of the newly acquired provinces to pass
no patents for lands beyond their boundaries, and
" also that no governor or commander-in-chief in
any of our other colonies or plantations in America
do presume for the present, and until our further
pleasure be known, to grant warrants of survey or
pass patents for any lands beyond the heads or
sources of any of the rivers which fall into the At
lantic Ocean from the west or northwest; or upon
any lands whatever, which not having been ceded
to, or purchased by us, as aforesaid, are reserved to
the said Indians, or any of them." It declares it to
be the " royal will and pleasure for the present, to
reserve under our sovereignty, protection and do
minion for the use of the Indians," all the said lands,
and forbids all purchases of, or settlements upon,

1 American Archives, 4th Series, i., 172. Marshall's Washington, i.f
note x.

102 PATRICK HENRY.

the same, " without our special leave and license for
that purpose first obtained," and such purchases
were to be " only for us in our name."

The effect of this proclamation was to forbid for
the time settlements upon, or purchases of, the lands
west and northwest of the range of the Alleghany
Mountains, in which were the sources of the streams
flowing eastward and falling into the Atlantic. It
was claimed in the Committee's report that it fixed
the western boundary line of Virginia along that
range of mountains. It is apparent, however, that
it was designed for the preservation of peace with
the Indians, by securing them in the enjoyment of
their hunting grounds, and no intention of the King
can be found in it to dismember Virginia, or to con
tract her limits. The construction of this procla
mation here contended for, has been put upon it by
the Supreme Courts of Virginia,1 and of the United
States.2 Indeed the Indian reservations were ac
cording to the policy of Virginia, adopted as early
as 1661,3 fixing boundary lines between the Indians
and the white settlements ; and this has been the
policy of the United States since their acquisition of
Indian territory. But it has never been contended
that such temporary lines limited the sovereignty of
the whites in the soil reserved for the use of the In
dians. It will be seen also that if this proclamation
of 1763 contracted the territorial limits of Virginia
to the Alleghany Mountains, it had the same effect
on the other colonies through which that range ran.
But this effect was never claimed for it by either
King or Colonies, and in truth the proclamation was

1 Garner's case, 3 Grat. , 740.

2 Johnson vs. Mclntosh, 8 Wheaton, 543. 3 Hening, ii., 141.

CESSION OB' THE NORTHWEST TERRITORY. 103

not obeyed, settlements to the west of the Alleghan-
ies having been frequently made after its date.

The public acts of Virginia show that she always
claimed dominion over the territory embraced in her
charter as she understood it.

In 1651, in her articles of surrender to the com
missioners of Parliament sent out by Cromwell, she
caused to be inserted a provision, " that Virginia
shall have and enjoy the antient bounds and ly mitts
granted by the charters of the former kings," 1 and
when the restoration came she was in the undisputed
possession of her charter rights.

Afterward, in establishing the county of Orange
in 1734, the county of Augusta in 1738, and the
county of Botetourt in 1769, extending beyond the
Alleghany Mountains, their western boundaries
were fixed by "the utmost limits of Virginia."
and in the act concerning Botetourt, " the people
situated on the waters of the Mississippi in the said
county " were referred to as " very remote from
their court-house. In 1772, Fincastle County was
taken from Botetourt, and in 1776 it was subdi
vided into Washington, Montgomery, and Ken
tucky, the last extending to the Mississippi.2 In
1754 Governor Dinwiddie determined to build a fort
at the junction of the Alleghany and Monangahela
Rivers as a protection against the French and In
dians, and to induce settlers offered them " 200,000
acres of land on the east side of the Ohio River
within this dominion, 100,000 to be contiguous to
the Fort, and the other to be on or near the Ohio." 3

1 Hening, Statutes at Large, i., 364.

2 Idem, iv., 450 ; v., 79; viii., 395, 600 ; ix., 257-8.

3 Idem, vii., 661.

104 PATRICK HENRY.

The fort was erected during the winter and Spring
following by the Virginians, under orders from
their Governor.1 It afterward became Pittsburg,
and was ceded by Virginia to Pennsylvania in
the compromise of their disputed boundary; but
the retention by Virginia of the strip of land be
tween the western limit of Pennsylvania and the
Ohio River, part of which is above the 40° of
northern latitude, is conclusive evidence of her claim
to the western territory north of that line. Her
statute book before the Revolution also abounds in
acts for the encouragement and protection of set
tlers on the waters of the Mississippi.2

Nor was her claim thus asserted contested by the
King. He did indeed claim and exercise the right
to dismember her, by granting charters to colonies
bordering on the Atlantic, which embraced some of
her territory, but except where he had thus deeded,
the royal government recognized her territorial lim
its as still existing. Two instances need only be
noticed. In 1748 Thomas Lee, one of the Virginia
Council, formed the " Ohio Company," and peti
tioned the King for a grant of 500,000 acres of land
to be taken chiefly on the south side of the Ohio, be
tween the Monongahela and Kanawha Rivers, and
west of the Alleghanies, with the privilege of taking
part on the north of the Ohio. The King signifying
his approval, the company applied to the government
of Virginia to aid them by inviting the Indians to
a treaty, the lands being deemed to be within her
territory. This the Royal Governor granted.3

1 Virginia Calendar of State Papers, i. , 277.

2 Vide some of them cited in Garner's case, 3 Grat., 739, etc.

3 Sparks's Writings of Washington, ii., 479.

CESSION OF THE NORTHWEST TERRITORY. 105

Upon the application of Thomas Walpole and his
associates for a grant of land on the Ohio River,
the Lords Commissioners for Trade reported, April
15, 1772, that the lands applied for "contain part
of the dominion of Virginia, to the south of the
River Ohio." 1

It thus appears that the Convention of 1776,
and Governor Henry in 1778, in his instructions to
Colonel Clark, had ample ground for claiming the
Mississippi below and above the mouth of the Ohio
as the western boundary of Virginia, by charter
right.

But Virginia had perfected her claim before 1781
by conquest. In June, 1774, Parliament passed the
" Quebec Act," whereby the government of Canada,
called the province of Quebec, was extended over
the territory between the Ohio and Mississippi
Rivers south of the lakes ; but the act contained a
proviso, u that nothing herein contained relative to
the boundary of the province of Quebec shall in
any wise affect the boundaries of any other colo
nies." 2 At the beginning of the Revolution this
government was over the northwestern territory
claimed by Virginia, and was supported by a mili
tary force stationed in forts established from De
troit to the Mississippi. Thus, while the act did
not purport to restrict the boundaries of Virginia,
the civil and military occupation of the country
northwest of the Ohio by the British effectually
prevented the revolutionary government of Vir
ginia from exercising jurisdiction over it. Had
this state of things continued till the end of the war,

1 Franklin's Writings, iv., 304.

2 American Archives, 4th Series, i., 215.

106 PATRICK HENRY.

there cannot be a doubt that England would have
claimed and retained this territory as her own upon
the doctrine of uti possidetis. The conquest of it
by Virginia troops under Clark, who acted not for
the United States but for Virginia alone, and the
subsequent establishment of civil government over
it by the Virginia Legislature as a part of the State,
was a complete conquest from Great Britain of this
portion of Virginia's territory. By it her charter
rights were established over a territory which with
out it would have been lost to her and to the
American States.

The grounds of Virginia's claim were distinctly
recognized and urged in the letter to the American
ministers at the courts of Versailles and Madrid,
agreed on by Congress October 17, 1780. In this
it was said "that all the territory lying within
the limits of the States, as fixed by the sovereign
himself, was held by him for their particular bene
fits, and must equally with his other rights and
claims in quality of their sovereign, be considered
as having devolved on them, in consequence of their
resumption of the sovereignty to themselves."1
And in arguing against the right of Spain to ac
quire any portion of the western territory by con
quest, it is added : " If the right to the said terri
tory depended on the conquests of the British posts
within it, the United States have already a more
extensive claim to it than Spain can acquire, having
by the success of their arms obtained possession of
all the important posts and settlements on the Illi
nois and Wabash, rescued the inhabitants from
British domination, and established civil govern-

1 Secret Journal of Congress, ii. , 326.

CESSION OF THE NORTHWEST TERRITORY. 107

merit in its proper form over them. They have,
moreover, established a post on a strong and com
manding situation near the mouth of the Ohio. .
. . As to the proclamation of the King of Great
Britain of 1763. . . . that, as is clear, both
from the title and tenor of it, was intended merely
to prevent disputes with the Indians, and an irregu
lar appropriation of vacant land to individuals ;
and by no means either to renounce any parts of
the cession made in the treaty of Paris, or to af
fect the boundaries established by ancient charters.
. . . As this territory lies within the charter
limits of particular States, and is considered by
them as no less their property than any other terri
tory within their limits, Congress could not relin
quish it, etc."

Finally, by the treaty with England in 1783,
each of the United States was acknowledged to be
a free and independent State. This related back to
the declarations of 1776, and admitted the validity
of their acts, and as Virginia then assumed inde
pendence for the territory embraced within her
charter as previously construed by her, it was a
treaty recognition of the validity of her act.1

The claim of New York, as reported by the com
mittee, was not to the sovereignty of the north
western territory. It was not embraced in her
charter, and she did not even claim it by purchase
of the Indians. But the sole ground of her claim
was that the Six Nations and their tributaries had
been for many years " under the protection of the
crown of England as appendant to the late govern-

1 This is distinctly held by the Supreme Court of the United States in
Harcourt vs. Gaillard, 12 Wheaton Reports, 126-27.

108 PATRICK HENRY.

merit of New York so far as respects jurisdiction
only," and that she had borne the expense of this
protection. The committee reported that by accept
ing the cession of New York " the jurisdiction of
the whole western territory will be vested in the
United States." This upon its face is well deserving
the comment made by more than one writer, that
the claim of New York was flimsy in the extreme.
But the fact is that, as early as 1744, in a treaty at
Lancaster, Pa., between the Six Nations and com
missioners from Pennsylvania, Maryland, and Vir
ginia, the Indians were offered a quantity of goods
" upon condition that they immediately make a deed,
recognizing the King's right to all the lands that are
or shall be, by his Majesty's appointment, in the
colony of Virginia," and they accepted the offer
and made the deed. This deed was recognized and
confirmed in 1752 at Loggstown, on the Ohio, by
the Six Nations, in a treaty with Virginia commis
sioners.1 It was by the treaty at Fort Stanwix,
in 1768, that New York claimed her protectorate
over the Six Nations,2 and therefore if she could
acquire Virginia territory, or jurisdiction over it, by
such a treaty, which would, be contrary to the
settled law governing Indian titles, still the acqui
sition would not be valid, because it was subsequent
to the Indian treaties with Virginia.

The United States did not consider that they had
gotten anything more by the deed of New York
than a relinquish men t of her empty claim, for that
deed embraced her right to lands south as well as
north of the Ohio which were claimed on the same

'Report, 457. 1st Session of 28th Congress, 35. The Lancaster deed
was recorded in the General Court of Virginia. 2 Idem.

CESSION OF THE NORTHWEST TERRITORY. 109

ground, and the United States have never pre
tended to any right to the land south of the Ohio
embraced in her grant.

It may be added, in conclusion, that the Supreme
Court of the United States in several cases follow
ing Johnson vs. Mclntosh, has fully vindicated Vir
ginia's right to the northwestern territory, and has
based the title of the United States on her deed.

CHAPTER XXVIII.

INVASION OF VIKGINIA.— 1781.

British Fleet Enters the Capes December 30, 1780.— Capture of
Richmond by Arnold, and Destruction of Property. — The Brit
ish Retire to Portsmouth and are Besieged. — Lafayette Sent to
Virginia. — Naval Engagement off the Capes. — General Phillips,
in Command of the British, Occupies Petersburg. — Meeting of
the Legislature in March, 1781. — Critical Condition of the
State. — Indifference of the Northern States. — Mr. Henry Moves
a Representation to Congress. — Paper Prepared for the Com
mittee. — Energetic Measures to Meet the Invaders. — Contro
versy between the Senate and House. — The Carolinas and
Georgia Recovered by General Greene. — Cornwallis Marches
into Virginia. — The State without Sufficient Arms. — Damag
ing Raids by the British. — Wayne Joins Lafayette, and the
British Retire to Portsmouth. — Spirit of the Virginians.

As early as November 8, 1780, Washington in
formed Governor Jefferson that another embarka
tion was preparing in New York, which he surmised
was intended for the south.1 On December 9,
Washington sent out a circular to the Governors of
the seaboard States, apprising them of the proposed
expedition from New York, and that it was " des
tined for the southward, as was given out there."
On December 30, the British fleet entered the Vir
ginia Capes. The next day Governor Jefferson was
informed of the fact through a private letter
written to General Nelson, which, however, did not
give the character of the fleet. General Nelson

1 Sparks's Writings of Washington, vii., 291.

INVASION OF VIRGINIA. Ill

was at once despatched to the lower country, with
powers to call out the militia in that quarter. On
January 2, further intelligence satisfied the Gov
ernor that the fleet was hostile and was advancing
up the James. A requisition was now made upon
the counties most convenient for 4,650 men, in addi
tion to what General Nelson might call out. The
call was quickly responded to, and the militia force
formed was placed under the command of Baron
Steuben, who had been left in Virginia by General
Greene to organize and forward southward the Vir
ginia troops raised for his army. The hasty prepa
ration to meet the invader was too late. The ene
my's fleet of 27 sail, having aboard the traitor Ar
nold with a force estimated at 1,000 men, aided by
wind and tide, ascended the James with slight ob
struction, and he reached Richmond on January 5,
1781. The Governor had commenced to remove
the public property on January 2. The enemy
destroyed the stores that remained, and pushing on
to Westham, seven miles above on the river, where
there was a foundry for casting cannon, and a labo
ratory, they burned the public buildings and the
stores which had not been removed. On January 6,
Arnold commenced his retreat, reaching Westover
on the next day. By that time Colonel Nicholas,
with 300 men, was six miles above him. General
Nelson had collected 200 at Charles City Court-
House, eight miles below ; between two and three
hundred men at Petersburg had placed themselves
under General Smallwood, who happened to be
passing through the State, and Baron Steuben and
General Gibson had 1,800 men on the south side of
the James hastening to intercept the invaders. At

112 PATRICK HENRY.

Hood's, Colonel George Rogers Clark, with an ad
vanced party, drew some of the British into an
ambuscade, killed seventeen, and wounded thirteen.
This was the only blood shed. The enemy retired
to Portsmouth, and were there soon besieged by a
militia force of about five thousand men, of whom
one thousand were from North Carolina, under Gen
eral Gregory.1 A part of the French fleet lay before
the town for a while, but finding that they were in
danger of being cut off by the British fleet, they
returned to Newport.

Washington being satisfied that the expedition
of Arnold was intended to prevent reinforcements
from being sent to the army in Carolina, wrote to
Governor Jefferson and Baron Steuben to send for
ward at once the men raised for Greene.

Concluding, however, that an opportunity was
offered to capture Arnold and his army, he de
spatched Lafayette with 1,200 regulars to Virginia
to act with the militia, and persuaded the Chevalier
Destouches, the French commander, to sail with the
whole fleet to Chesapeake Bay. Lafayette's troops
were chiefly from the Eastern States, and they were
unwilling to march south, and began to desert.
The Marquis thereupon announced in general orders
that he was about to enter on an enterprise of great
difficulty and danger, and trusted his men would
not abandon him. If any desired to do so, how
ever, he offered them permits to return home. This
appeal to their pride had the desired effect, and the
men declared that they were ready to follow him.
He at once borrowed money on his own credit from

1 Jefferson's Message to the Legislature, March 1, 1781, in Herring, x.,
573. Randall's Jefferson, i., 295. Girardin's History of Virginia, 459.

INVASION OF VIRGINIA. 113

the Baltimore merchants, and with it, and the aid
of the ladies of that city, he fitted his men for their
summer campaign.1 The French fleet, with 1,100
men aboard, sailed March 8, 1781. On the 16th
the British fleet, under Admiral Arbuthnot, over
took it off the Virginia Capes, and an engagement
followed on the 20th which was a drawn battle,
but resulted in the return of the French to New
port. On the 26th Arnold was reinforced by a
detachment from New York of 2,000 men under
General Phillips, who at once assumed command,
greatly to the relief of the British officers, who de
tested the traitor under whom they had been forced
to serve.

The British force in Virginia was now too strong
to be held in Portsmouth, and Baron Steuben was
forced to withdraw into the interior. General
Phillips thereupon moved up the James, and turn
ing to the left at City Point, occupied Petersburg,
on the Appomattox, on April 25, after defeating
General Muhlenburg, who, with one thousand mili
tia, made a brave defence of the town. Phillips
found and destroyed at Petersburg four thousand
hogsheads of tobacco, one ship, and a number of
small vessels on the stocks. Two days afterward
he sent Arnold with two regiments to Osborn's, on
the James, where he found and captured the rem
nant of the Virginia navy which the seamen were
unable to sink or burn. They found his cannonade
from the bank of the narrow stream was not to be
resisted with the means at their command. A large
amount of naval stores and 2,000 hogsheads of to
bacco fell into his hands. On the same day Phillips

1 living's Washington, iv., 2G6.

114 PATRICK HENRY.

marched to Chesterfield Court- House, where he
destroyed a large quantity of flour. Crossing
the county of Chesterfield to Manchester, he de
stroyed the tobacco warehouses with the tobacco
stored there, some 1,200 hogsheads, and prepared
to cross the James to enter Richmond, when,
to his surprise, he discovered Lafayette strongly
posted for its protection with 4,600 men. By a
forced march he had reached the town the even
ing before. The British general thereupon retired
to his shipping, and re-embarked May 2, fol
lowed by Lafayette. But receiving despatches
from Cornwallis that he was advancing with all
speed from the south to effect a junction with
him, General Phillips turned again toward Peters
burg to meet him, while Lafayette took a posi
tion below Richmond near enough to protect the
stores collected there.

It is interesting to note how ignorant the admin
istration in England were of the true state of the
conflict in America at this time, and how utterly
unprepared they were for the catastrophe which
was now approaching. Upon hearing of Arnold's
successful raid upon Richmond, Germain wrote to
Clinton on March 7, 1781 :

" The success of General Arnold's enterprise up
James River, which the rebel newspapers confirm,
must greatly facilitate His Lordship's (Cornwallis)
operations, by cutting off Greene's supplies and
obliging the militia to take care of their own prop
erty. Indeed, so very contemptible is the Rebel
force in all parts, and so vast is our superiority
everywhere, that no resistance on their part is to be
apprehended that can materially obstruct the prog-

INVASION OF VIRGINIA. 115

ress of the King's arms in the speedy suppression
of the Kebellion." l

The invasion of the State by Arnold made an ex
tra session of the Legislature necessary, as the treas
ury was soon exhausted and the Governor found it
impossible to execute the acts for furnishing the
Continental army with the State's quota of men
and supplies.

The body was convened by proclamation, and
met March 1, 1781, at Richmond, where it sat twen
ty-one days. Mr. Henry was in his seat at the be
ginning of the session, and was made chairman of
the Committee of Privileges and Elections, the only
standing committee appointed. The body, upon
completing its organization, resolved itself into a
committee of the whole to consider the state of the
commonwealth, and on the second day thereafter the
committee reported resolutions, for the issue of
five millions of pounds, redeemable by December 13,
1792, and for the passage of acts to remedy the in
terruption in the execution of the acts of the pre
vious session, caused by the existing invasion. Mr.
Henry was a member of the committees appointed
to report appropriate bills pursuant to these resolu
tions.2

On the next day, the 6th, the committee re
ported the f olio wing resolution :

"That a representation to Congress be -made,
stating in general the progress of the war in the
southern department, and the over-proportion of
expense necessarily brought upon Virginia by the
present arrangements, and in the most pressing

1 Clinton and Cornwallis Controversy, i., 335. 2 MS. Journal, 5, 9.

116 PATRICK HENRY.

terms calling the aid of the United States to sup
port a due part of the ruinous burden under which
this State at present labours."

It was further resolved that in case the exigencies
of the State required it, the Governor should issue
a further sum of five million pounds.

Mr. Henry doubtless introduced these resolutions,
as he was made chairman of the committee to pre
pare the remonstrance to Congress. Mr. Taylor, of
Caroline, and Mr. Tyler, were the other members
of this committee.1

That Virginia, which had done so much for the
protection of the other States, had just cause for
complaint of their lack of active sympathy, now that
the scene of war was transferred to her own borders,
is undeniable.

Mr. Sparks, a Northern historian, whose access to
the papers of Washington and others enabled him
to form an accurate conclusion, states in his " Life
of Washington," that, "The Eastern and Middle
States in particular, after the French troops had ar
rived in the country, and the theatre of the war had
been transferred by the enemy to the South, re
lapsed into a state of comparative inactivity and in
difference, the more observable on account of the
contrast it presented with the ardor, energy, and
promptitude which had previously characterized
them." And he adds, in reference to the army or
dered South, " The soldiers being mostly from the
Eastern and Middle States, marched with reluctance
to the southward,, and showed strong symptoms of
discontent when they passed through Philadelphia.

1 MS. Journal, 9.

INVASION OF VIRGINIA. 117

This had been foreseen by General Washington, and
he urged the superintendent of finance to advance
to them a month's pay in hard money."

It is not to be wondered at that the people of Vir
ginia felt this keenly, and that Mr. Henry should
be their mouthpiece in expressing their feelings.
The committee appointed to draw the remonstrance
seem to have been relieved of the necessity of re
porting a paper, by the intelligence of the success
of the mission of Benjamin Harrison as special
commissioner, whereby a portion of the Continental
army was ordered to the State. A paper enclosed
by Edmund Pendleton to Mr. Madison in Congress,
and supposed by Mr. Rives to have been the work
of John Taylor, of Caroline County, was doubtless
the report which the committee would have made.
Not only because it might have been the report of
Mr. Henry's committee, but because of its histori
cal value, it is worthy of insertion. Speaking in
the name of the Legislature it says :

" 'Tis not from an impulse of vanity that they
would remember past transactions, but it is neces
sary in order to wrest Virginia from that load of
obloquy with which she hath been oppressed by
those who rashly judge from detached facts, and
not from a collective view of public transactions.
Ere the war began we heard the cries of our breth
ren at Boston, and paid the tax due to distress.
We accompanied our northern allies during almost
every progressive stride it made, where clanger
seemed to solicit our ardor. We bled at Quebec,
at Boston, at Harlaem, at White Plains, at Fort
Washington, at Brandywine, at Germantown, at
Mud Island, at White Marsh, at Saratoga, at Mon-

118 PATRICK HENRY.

mouth, and at Stony Point. We almost stood alone
at Trenton and Princeton, and during the winter
campaign which followed. But when we came to
look for our northern allies, after we had thus ex
hausted our powers in their defence, when Carolina
and Georgia became the theatre of war, they were
not to be found. We felt they were absent at
Stono, at Savannah, at Charleston, at Monk's Cor
ner, at Buford's defeat, at Lanneau's Ferry, at
Camden, at King's Mountain, at the Cowpens, and
at Georgetown. Whilst we are continuing our
utmost exertions to repair the mighty losses sus
tained in defending almost every State in the Union,
we at length find ourselves invaded, and threatened
with the whole weight of the American war.
When the Northern States were attacked the
sluices of paper credit were not only opened, but the
force of all America concentred to the point of
danger. Now, Northern and Southern departments
are formed, calculated more to starve the only ac
tive war than for the purpose of common defence.
Let it be remembered that Georgia and South
Carolina are lost, that North Carolina, in a state of
uncertainty from continual alarms, cannot furnish
supplies, and that Maryland hath only sent those
of men.

u Virginia, then, impoverished by defending the
Northern department, exhausted by the Southern
war, now finds the whole weight of it on her shoul
ders. Even after these departments were formed,
Congress called for, and by a great exertion on our
part actually received, half a million for the North
ern army. The war having converted its rage
from the Northern to the Southern States, the
former, thus exonerated from the immediate ob
ligations of the Union, might have seized the
opportunity of completing their levies, which
would have enabled them to return with accu-

INVASION OF VIRGINIA. 119

mulated vigor to our assistance. But they were
employed in availing themselves of resolutions
of Congress, by which they got rid of their State
paper at the expense of the Union, while Virginia
was left struggling under that unwieldy load, from
which no exertions could disengage her, during the
continuation of those enormous expenses she was
forced to yield to, or leave the Southern war to ex
pire through famine.

" Thus situated, our only resource is the wretched
one of more paper money, in addition to enormous
taxes, which are the more peculiarly distressing as
they must be collected while near ten thousand of
our citizens, exclusive of our regular troops, are in
the field. A tax of four and a fourth per cent, on a
specie valuation of property, a tax of thirty pounds
of tobacco and two bushels of corn on each titha-
ble ; a tax of three thousand beeves ; a tax of three
thousand suits of clothes ; a tax of seventy-f our
wagons and teams, besides many occasional seizures
and other collateral dues, all paid or to be paid in
the present year, do, when added to the emissions
of twenty-one millions of pounds in three months,
prove that Virginia hath not been unmindful of the
extraordinary efforts expected from her. Thus ex
hausted with our former exertions, thus straining
every nerve in present defence, pressed with a great
hostile army, and threatened with a greater — beset
with enemies both savage and disciplined — the As
sembly of Virginia do, in behalf of their State and
in behalf of the common cause, in the most solemn
manner summon the other States to their assistance.
They demand aids of men, money, and every war
like munition. If they are denied, the consequences
be on the heads of those who refuse them. The
Assembly of Virginia call the world and future
generations to witness that they have done their
duty, that they have prosecuted the war with ear-

120 PATRICK HENRY.

nestness, and they are still ready so to act, in con
junction with the other States, as to prosecute it to
a happy and glorious period." 1

The legislation of this short session was most vig
orous, and showed that the State was determined to
put forth all her energies to meet her invaders. As
usual Mr. Henry was the leader of the body.
Among the acts may be mentioned those for raising
two legions for State service to serve during the
war, each to be composed of six companies of in
fantry and one of cavalry, of one hundred men to
the company ; for emitting not exceeding fifteen mil
lion pounds in treasury notes, redeemable in specie
at forty to one, and legal tender except for specific
contracts for specie ; for ascertaining the number of
militia in the State ; to remedy the interruption to
the acts in aid of the Continental service caused by
the invasion ; and to suspend the taxes levied on
persons in active militia service.2

An inquiry into the condition of the office of
Colonel George Muter, commissioner of the war
office, resulted in his removal for inefficiency, and
the appointment of Colonel William Davies in his
stead.

Very handsome resolutions of thanks were voted
to General Morgan and his men for their victory on
January 17, and the Governor was requested to
procure and present to General Morgan a horse
with furniture and a sword, as a further testimonial
of the high esteem of his country. These appear to
have been on the motion of Mr. Henry.

An inquiry disclosed the fact that the records of

1 Hives' s Life of Madison, i., 276. • Hening, x., 391-405.

INVASION OF VIRGINIA. 121

the General Assembly subsequent to the year 1774
were removed during the late incursion, and had
since been returned without loss, but that the legis
lative records previous to 1774 were unavoidably
left to the mercy of the enemy ; that they sustained
little or no loss, but were left by the enemy totally
deranged and dissorted, requiring great labor to
readjust and assort them. This the clerk was di
rected to do, and for that purpose was exempted
from military duty.

A curious controversy sprung up at this session
between the Senate and the House. On March 13,
the Senate sent a special message by Francis Light-
foot Lee, who probably moved it, stating that they
had rejected the bill of supply sent them by the
House because of two clauses foreign to the bill,
one making the money to be emitted legal ten
der, the other making it felony to forge the notes.
Mr. Henry was the chairman of the committee to
which this message was referred, and on the next
day he reported a reply to the Senate which settled
the question, and the conduct of the two Houses
touching supply bills, as long as the constitution
lasted. The entry on the Journal is as follows :

" Mr. Henry reported from the committee to
whom was referred the written message of the Sen
ate, dated March the 13th, 1781, respecting their re
jection of a supply bill, that the committee had
according to order had the same under their con
sideration, and agreed upon a report, and come to
several resolutions thereupon, which he read in his
place, and afterwards delivered in at the clerk's
table, where the same were again read and are as
f olloweth :

122 PATRICK HENRY.

" It appears to your committee that all bills of
supply, by which are meant money bills, ought to
be formed by the House of Delegates, and can un
dergo no alteration or amendment in the Senate,
but must be wholly agreed to there or rejected.
That this exclusive power over supply bills would
prove highly prejudicial to the commonwealth, un
less the constitution that gave it made it competent
to the purpose of granting supplys adequate in
their nature and quality to the exigences of the
State ; that in conformity to this system the many
bills of supply passed since the revolution have
uniformly proceeded, carrying with them the usual
clauses making the money a tender, and inflicting
penalties on persons guilty of counterfeiting. That
the House of Delegates have ever continued in the
undisputed power of thus forming their money
bills, scarcely a session passing without an instance
of it. Nor does the written message of the Senate
sent to the Delegates last session dispute the pro
priety or right of exercising such a power over
money bills, but asserts in general that the bill of
supply then passed contained several clauses im
proper for such a bill, without specifying the of
fensive clauses. On perusing that bill it is observ
able that sundry parts of it relate to matters
extrinsic to the business of mere supply, and par
ticularly that one clause of it enacts that Continen
tal and State money, formerly emitted, shall be
exchangeable for other moneys at the treasury, and
another, that certain certificates of seizure or impress
shall be payable for taxes due from the possessors
of them. Against these, which appear extraneous
to the nature of a supply bill, it is to be presumed
the exception was intended to apply. That the
constitution which gives to the House of Delegates
certain exclusive powers over money bills, is vain
and nugatory unless the money is guarded against

INVASION OF VIRGINIA. 123

counterfeits, and has its common attributes to give
it currency ; and the Senate now claiming a power
over these attributes and the several matters neces
sary for its currency, will leave to the Delegates
only a power which cannot be exercised without
destroying all public credit ; that is, to issue the
public supply s in a money which shall not have the
property of payment in debts or taxes, and which
may be counterfeited at pleasure. Whereupon
your committee came to the following Resolutions,
viz :

"Resolved, that the two clauses of the money
bill sent to the Senate on the 12th instant and re
ferred to in their message of yesterday, are not
foreign to the subject of the said bill, as the said
message asserts, but are essential to it.

" Resolved, That the claims of the Senate to a
right of objection to a money bill because it gives
the property of tender to the money and secures it
from counterfeits, are not warranted by the consti
tution, and are contrary to established usage.

" Agreed to."

When Cornwallis retired to Wilmington, Greene
made a masterly move by advancing into South
Carolina. He found that the people in the Caro-
linas welcomed him as a deliverer. The conduct of
the British in these States, as in Virginia, had not
only irritated the Whigs but disgusted the Tories.
James Madison, who was not given to exaggeration
in his descriptions, thus characterizes it in a letter
to Philip Mazzei, July 7, 1781 :

" No description can give you an adequate idea
of the barbarity with which the enemy have con
ducted the war in the southern states. Every
outrage which humanity could suffer has been com-

124 PATRICK HENRY.

mitted by them. They have acted more like des
perate robbers or buccaneers than like a nation mak
ing war for dominion. Negroes, horses, tobacco,
etc., not the standards and arms of their antagonists,
are the trophies which display their success. Rapes,
murders, and the whole catalogue of individual
cruelties, not protection and the distribution of jus
tice, are the acts which characterize the sphere of
tlieir usurped jurisdiction. The advantage we de
rive from such proceedings would, if it were pur
chased on other terms than the distresses of our cit
izens, fully compensate for the injury accruing to
the public. They are a daily lesson to the people
of the United States of the necessity of perseverance
in the contest ; and wherever the pressure of their
local tyranny is removed the subjects of it rise up
as one man to avenge their wrongs and prevent a

repetition of them." 1

Aided by Lee, Sumter, and Hampton, Greene en
tered upon an arduous and checkered campaign
against Lord Eawden and Colonels Cruger and
Coates, which ended in the recovery not only of both
Carolinas but of the greater part of Georgia.

The movement of Greene toward South Carolina
gave Corn wall is the greatest embarrassment. If he
attempted to follow him he was in danger of being
hemmed in among the rivers, in a country exhausted
of supplies and having a hostile population. His
army had been reduced to fourteen hundred and
thirty-five men, and all hope of successful operations
against North Carolina had been abandoned. He
hesitated for some days, but finally determined to
unite his forces with those of General Phillips in
Virginia, and by a serious attack upon that State to

1 Madison's Works, i., 49.

INVASION OF VIRGINIA. 125

withdraw Greene from the South for its protection,
or else to cripple its resources so as to render it no
longer the support of the war in the South. He
had already expressed his views in a letter to Ger
main, April 18, in which, after confessing his inabil
ity to reduce North Carolina, he adds :

" If therefore it should appear to be the interest
of Great Britain to maintain what she already pos
sesses, and to push the war in the southern provinces,
I take the liberty of giving it as my opinion, that a
serious attempt upon Virginia would be the most
solid plan. Because successful operations might not
only be attended with important consequences there,
but would tend to the security of South Carolina,
and ultimately to the submission of North Carolina.
The great re-enforcements sent by Virginia to Gen
eral Greene, while General Arnold was in the Chesa
peake, are convincing proofs that small expeditions
do not frighten that powerful province." And as
he afterward expressed it, he " was most firmly
persuaded, that until Virginia was reduced, we
could not hold the more southern provinces; and
that after its reduction they would fall without
much resistance, and be retained without much dif
ficulty." 2

But without waiting to have his views approved
by Clinton, and, as it turned out, against his wishes,
he left Wilmington April 24, and arrived at Peters
burg May 20. Here he found the army of Phillips
waiting for him, with Arnold in command, their
general having died of fever within four days after
occupying the town. The traitor was again super-

1 Clinton and Comwallis Controversy, i. , 417-8.

2 Answer to General Clinton, published in 1783.

126 PATRICK HENRY.

seded, and, to the great relief of the British army,
sailed for New York.

The union of Cornwallis with the Virginia army
of invasion gave his Lordship nearly five thousand
men, and he was further re-enforced by a detachment
from New York of seventeen hundred.1 To oppose
this force, Lafayette had only about one thousand
regulars, two thousand militia, and fifty dragoons.2
He was daily expecting Wayne with nine hundred
Pennsylvania regulars, and he was promised further
militia re-enforcements. The number of militia was
limited by the want of arms to put into their hands.
The State had disfurnished herself in her patriotic
endeavor to aid her sister States and the Continental
army, and her scanty supply was well-nigh ex
hausted when her hour of need came. Fortunately,
eleven hundred stand of arms, which had been sent
on board of the French fleet, and were carried back
to New Port when that fleet returned after its en
gagement at the Capes, were sent overland and soon
came to hand, enabling the increase of the militia
by that number. The situation of the State is de
scribed in a letter of the Governor to Washington,
May 28, as follows :

" A number of privateers which are constantly
ravaging the shores of our rivers, prevent us from
receiving any aid from the counties lying on our
navigable waters ; and powerful operations medi
tated against our western frontier, by a joint force
of British and Indian savages, have, as your Excel
lency before knew, obliged us to embody between
two and three thousand men in that quarter. Your

1 Clinton to Cornwallis, April 30, 1781. Clinton and Cornwallis Con
troversy, i., 143. 8 Irving's Washington, iv., 286.

INVASION OF VIRGINIA. 127

Excellency will judge from this state of things, and
from what you know of our country, what it will
probably suffer during the present campaign."

Upon reaching Petersburg Cornwallis found let
ters from Clinton to Phillips which showed that he
had no hope of subduing Virginia by the campaign,
and only expected to cripple her resources. To this
end his Lordship now addressed himself. Sending
two of his regiments to hold Portsmouth, he crossed
the James at Westover, in pursuit of Lafayette,
who, unwilling to risk a battle with such a dispar
ity of forces, moved nortlnvard to meet Wayne, who
had not as yet joined him with the Pennsylvanians.
u The boy cannot escape me," was the boast of the
able and experienced Englishman, as he started in
pursuit of the youthful Frenchman. But he had
mistaken his opponent. Lafayette with unexpected
caution avoided an engagement, and soon effected
a junction with Wayne. Cornwallis, having stopped
his vain pursuit in the upper portion of Hanover
County, betook himself to plundering the country.
From his camp on the banks of the North Anna he
sent out two detachments, one of infantry southerly,
under Lieutenant Simcoe, to destroy the stores col
lected at the Point of Fork, the confluence of the
Kivanna and James, where Baron Steuben was sta
tioned in charge of an arsenal, with five hundred re
cruits for Greene's army ; and the other of cavalry
westerly, under Colonel Tarleton, to capture the leg
islature and State officers, assembled at Charlottes-
ville. He ordered Tarleton to join Simcoe after
occupying Charlottesville, and he himself moved to
the mouth of Byrd's Creek on the James, near the

128 PATRICK HENRY.

Point of Fork, to support these detachments. Sim-
coe found Steuben had crossed the James with his
stores because of information of the movements of
the British. By a stratagem he convinced him that
the whole of Cornwallis's army was pressing him.
Steuben thereupon marched rapidly on the road by
Cumberland Court-House on his way to North Car
olina to join Greene, and left his stores to the en
emy.

Tarleton moved with two hundred and fifty
mounted men in the direction of Louisa Court-House
with great rapidity, making a march of seventy
miles in twenty-four hours. Near Louisa Court-
House he fell in with and destroyed a wagon train
loaded with clothing and arms for Greene's army.
In passing the Cuckoo tavern in Louisa County his
force was seen by John Jouette, who suspecting its
destination, mounted one of the blooded horses which
were so often found in Virginia, and leaving the
public highway, rode by the most direct route, at
the top of his speed, to Charlottesville, where he
gave the alarm in time to prevent the surprise and
capture of the Assembly and the Governor. Tarle
ton turned aside on his rapid march to capture some
men of prominence who were at the houses of Dr.
Thomas and John Walker. At Dr. Walker's he
found Colonel John Syme, half-brother of Patrick
Henry and a member of the Virginia Senate, and
Judge Peter Lyons. These gentlemen were sur
prised in their beds. It is related as an instance of
Tarleton's humor, that when Colonel Syme, who
was remarkably homely, was brought from his bed
room undressed, and with dishevelled hair, the cele
brated cavalry man threw himself into the attitude

INVASION OF VIRGINIA. 129

of Hamlet upon discovering his father's ghost, and
exclaimed :

"Angels and ministers of grace, defend us !
Be thou a spirit of health, or goblin damned ? "

At John Walker's, Captain Kinlock, who com
manded the detachment, captured his cousin, Fran
cis Kinlock, a member of Congress from South
Carolina, and William and Robert Nelson, brothers
of General Nelson. Mr. Kinlock had met in Phila
delphia Eliza, the daughter of John Walker who
was a member from Virginia. He was at Mr.
Walker's, pressing his suit for her hand, when Tarle-
ton's troopers unceremoniously interfered. It was
his good fortune afterward to regain his liberty and
to win his ladylove.

When the British arrived at Charlottesville, they
found the Legislature had left for the town of
Staunton, and the detachment sent to Monticello,
the Governor's residence in the neighborhood, ar
rived too late to capture him. After destroying all
in the town which he deemed of value to the State,
Tarleton marched, under orders from Cornwallis,
to destroy the stores at Albemarle Old Court-
House, and afterward to cross the Fluvanna in pur
suit of Steuben. Lafayette had now formed a
junction with Wayne, and moving along a disused
road, he threw himself between Tarleton and the
threatened stores, taking up a position too strong
to be successfully attacked. Here he was soon re
inforced by Colonel William Campbell with a body
of riflemen from Washington County. Tarleton
finding himself baffled, and that Steuben had been re
called from his march toward the Carolinas, and was

130 PATRICK HENRY.

taking a circuitous route to join Lafayette, turned
toward the camp of Cornwallis on the farm of Mr.
Jefferson, near the confluence of the Bivanna and
the James, where his Lordship was plundering and
destroying the property of the absent owner. Corn
wallis, believing that Lafayette was now strong
enough to take the offensive, marched toward the
lower country, entering Richmond on June 16, and
after two days' rest there, moving toward Williams-
burg. Here he received a letter from Clinton,
dated June 11, informing him that he feared an
attack from Washington upon New York, and de
sired a large portion of the troops in Virginia to be
sent to him. He advised Cornwallis to take up a
defensive position in a healthy situation, suggesting
Williamsburg or Yorktown. In order to obey this
requisition, his Lordship determined to cross- the
James and proceed to Portsmouth, whence he might
ship the troops. Moving to James Town Island,
that he might cross the river there, his rear was at
tacked by Lafayette, who had been purposely misled
into the belief that most of the British army had
been sent across the river. The engagement was
upon ground disadvantageous to the Americans, and
resulted in their repulse. Cornwallis, however, did
not pursue, but transported his army across the
river to Cobham. On July 9, he detached Tarle-
ton with his legion and eighty mounted infantry to
Prince Edward Court-House, and thence to Bedford
County, with orders to destroy all public and pri
vate stores, leaving only enough of the latter for
the bare subsistence of the families who owned
them ; and also to intercept any troops or prisoners
coming northward from Greene's army. Taiieton

INVASION OF VIRGINIA. 131

executed his orders with his usual vigor, marching
by Amelia, Prince Edward, and Charlotte Court-
Houses, and making four hundred miles in fifteen
days. At the end of that time he rejoined a divi
sion of the British army left at Suffolk, having re
turned by way of Lunenburg and Brunswick Coun
ties. He tells us that in this expedition " The
stores destroyed, either of a public or private nature,
were not in quantity or value equivalent to the
damage sustained in the skirmishes on the route,
and the loss of men and horses by the excessive heat
of the climate." l The stores collected at Prince
Edward Court-House had been sent south more than
a month before, and Greene, instead of sending
troops northward, was besieging the post at Ninety-
six. But Tarleton destroyed much private prop
erty, and arrested and paroled all the citizens he
could reach.

Upon this march there occurred, in that part of
the county of Amelia which is now Nottoway, an
incident which was one of the favorite tales related
of the British invasion of Virginia. There lived in
the county of Buckingham, as an indentured servant
of Anthony Winston, an uncle of Patrick Henry,
Peter Francisco, who was supposed to be a Portu
guese by birth. He was of large stature, and giant
strength, and many wonderful feats are related of
him in the county in which he lived. At sixteen
he enlisted in the American army, and greatly dis
tinguished himself at the storming of Stony Point,
and in the battles of Brandywine, Moninouth, Cow-
pens, Camden, and Guilford. In the summer of
1781, he was in Virginia, and reconnoitred the force

1 Tarleton's Campaigns of 1780-81, 359.

132 PATRICK HENRY.

of Tarleton as it passed through Amelia. While
thus engaged, he stopped at the house of a Mr.
Wand, said to be now known as Moore's Ordinary, on
the Richmond & Danville Railroad, and was sur
prised by a squad of nine of Tarleton's cavalrymen
and three negroes. He yielded himself a prisoner,
and seeming to be peaceable, they went into the
house, leaving him under guard of the paymaster of
the legion. The guard discovering his prisoner had
on a pair of heavy silver shoe-buckles, demanded
them. Francisco replied that they, were the gift of a
valued friend, and he could not give them away ; but
as he was in his power, he could but submit if they
were taken from him. The guard, on hearing this,
put his sabre under his arm and bent down to take
them off. Francisco seized the handle of the sabre
and, drawing it rapidly, struck his guard a heavy
blow across the head. The wounded man attempted
to fire his pistol at the prisoner, but another blow
from his own sabre nearly severed his pistol hand,
and caused the bullet to miss its aim. One of the
dragoons with a musket, brought him by Wand,
mounted a horse and attempted to shoot Francisco.
It missed fire, and Francisco rushed upon him, took
the musket away, and wounded him. The others
were afraid to approach the giant, now well-armed.
Tarleton's legion in the meantime came in sight,
and all was hurry and confusion, which was in
creased by Francisco's crying out, as if to comrades,
" Come on, my brave boys, now is your time, we will
soon despatch these and then attack the main body."
The dragoons fled panic-struck to the troop, leaving
their horses behind. Although Tarleton sent ten
mounted men in pursuit of him, Francisco sue-

INVASION OF VIRGINIA. 133

ceeded in eluding them, and the next day returned
to Wand's for his horses.

On the return of Tarleton, Cornwallis moved to
Portsmouth, but before he embarked the troops
asked for by Clinton he received another letter
from him, dated July 11, countermanding the or
der, and directing him to repass the James, and oc
cupy Old Point Comfort. In a letter of July 15,
Clinton assured his Lordship, that it had ever been
his opinion that the Chesapeake should be held by
the British, and advised that a defensive station
be established on that Bay, from which desultory
movements by land and water should be sent out.1
Cornwallis sent an engineer with the captains of
the ships in the Bay, to examine Point Comfort, and
upon their report, disapproving of it as a situation
suited for fortification or to cover shipping, he de
termined to proceed to Yorktown and occupy that
post. By August 22, the whole British army in
Virginia was transported to that place. Lafayette
now moved to Malvern Hill,2 near the Chickahorn-
iny, and afterward to Williamsburg, where he was
joined by a force landed from the French fleet.
From Williamsburg he marched to the siege of
Yorktown.

The damage done to Virginia by this invasion
has never been accurately determined, although the
Legislature afterward attempted to estimate it. It
is believed that thirty thousand slaves were carried
off, and ten million dollars worth of other property
was destroyed.3 All the horses that could be found

1 Tarleton's Campaigns, 404-6.

2 Famous for a battle fought during the late war.

3 Girardin, History of Virginia, 504.

134 PATRICK HENRY.

were taken away, and the throats of the colts were
cut.

It was believed at the time that the advance of
the enemy might have been checked on the thresh
old of the invasion, had the resources of the State
been properly managed, but for some time after
they appeared everything connected with the war
department was in the greatest confusion. The cur
rency had depreciated so as to be almost worthless
in obtaining supplies, and in some parts of the State
the impressing officer and the enrolling officer had
exhausted the patience of the people, and commo
tions had arisen. The keeping up of a force on the
frontier to meet the Indian incursions, and the con
tinued sending of men and supplies to General
Greene's army, added to the exhaustion of the State,
which, except for the small force of regulars under
Lafayette, was left to defend herself. On July 7,
General Weedon wrote : " I have not a doubt but
the Old Dominion will extricate herself with equal
honor, notwithstanding her neighbors have set with
folded arms while she was so cruelly pressed ; but
who is afraid ? The more danger, the more honor ;
steady and spirited exertions for a few months
longer will do our business." *

These steady and spirited exertions were being
made by the then Governor, Thomas Nelson, Jr.,
and by Colonel William Davies, a son of the cele
brated Presbyterian divine, Samuel Davies, who
had been put at the head of the war department of
the State, and whose ability was bringing order out
of confusion.

Governor Nelson, in a letter to Washington, July

1 Calendar of Virginia State Papers, ii., 209.

INVASION OF VIRGINIA. 135

27, 178 1,1 in giving an account of the invasion wrote :
" They never have indicated an inclination to fight,
not even Lord Cornwallis. Tarleton, by sudden in
cursions into those parts of the country that he knew
were not in arms, has collected a number of horses,
that have enabled him to run about, paroling citi
zens whom he has taken in their beds. Lord Corn
wallis has marched through the Carolinas and part
of Virginia, which may give him great eclat, but as
soon as we collected such a force as would enable
us to oppose him, he faced about and retreated with
the greatest precipitation. That they have done
great injury, both public and private, is certain, but
I have this consolation, that he is further from the
conquest of Virginia than when he entered it. I do
not believe ten men have joined him, which must
mortify him not a little. They have made Whigs
of Tories."

The State papers published in the second volume
of the Calendar, which embraces the year 1781, are a
lasting memorial of the patriotism of the Virginians,
and the great difficulties and privations under which
they labored. Had they had arms, it is very cer
tain the British would have been driven from the
State soon after they entered it. As an example of
the service demanded of the people, and the readi
ness with which they complied with the demand,
the county of Charlotte, lying on the Staunton, may
be taken. Colonel Thomas Read, the county lieu
tenant, wrote April 4, 1781, on getting a requisition
for one hundred and fifty-six armed men to be sent
to General Greene, that, " not more than arms enough
for a sergeant's guard can be gotten in the entire

1 Calendar of Virginia State Papers, ii. , 258.

136 PATRICK HENRY.

county," and he adds the strength and disposition of
the militia force of the county, as follows : " Militia,
rank and file, 565. Now on duty, 342, with Gen
eral Greene; volunteers with General Lawson as
cavalry, 70 ; remainder 153, three short of the requi
sition." On April 7, he wrote again on the subject,
saying, " Should the order for sending 156 men to
the southward be repeated, it shall be obeyed," and
on April 28, he wrote offering 100 men just re
turned from Greene's army, to march to meet Corn-
wallis.1

The public credit had become so low from de
preciation of the over-issues of paper money, that
the officers in many instances pledged their own
credit to obtain the necessary food and clothing for
their men ; and yet Robert Morris, at the head of the
Continental finances, so far from being able to help,
was calling on Virginia for contributions to the
Continental treasury. When during the summer
Washington was contemplating an increase of the
Continental army under Lafayette, Morris wrote to
Governor Nelson August 23,2 and after referring to
the requisitions on Virginia, adds : " This at least is
certain, that I have the command of no money from
the several States, which will serve to maintain a
force in Virginia. Much, therefore, must depend
on the provisions and forage which that State can
call forth. It is necessary for me to inform the
General what reliance can be made on your re
sources, and it is also necessary that this informa
tion should be just."

1 Calendar of Virginia State Papers, iL, 13 and 17, and 76.
8 Idem, ii., 351.

CHAPTER XXIX.

CLOSE OF THE KE VOLUTION.— 1781.

Legislature Meets in Richmond and Adjourns to Charlottes ville. —
Efficient Measures Carried by Mr. Henry. — Adjournment to
Staunton. — Alarm There. — General Thomas Nelson Elected
Governor. — Inquiry into the Conduct of Mr. Jefferson as Gov
ernor Ordered. — Dissatisfaction with Baron Steuben. — Scheme
of a Dictator Proposed. — Mr. Jefferson and the Legislature. —
Active War Measures Under the Leadership of Mr. Henry. —
Address to Congress. — Number of Virginia Troops. — Charge of
John Taylor against Mr. Henry. — Patriotism of Governor Nel
son. — Mutiny of Pennsylvania Troops. — Siege of Yorktown. —
Surrender of Cornwallis. — Close of the Revolution. — Mr. Hen
ry's Part in it. — Effect upon the Governments in Europe and
America.

May 7, while Cornwallis was on the march
from Wilmington to Petersburg, a few of the mem
bers lately elected to the Virginia Legislature met,
pursuant to law, at Richmond. Finding the place
in danger from the enemy, they adjourned to Char-
lottesville, where a quorum was not obtained till
the 28th. Mr. Henry was present on that day, and
at once entered, with all his energy, upon the meas
ures necessary for the defence of the State. He
was a member of a committee which forthwith re
ported that Lafayette should be empowered to im
press the horses necessary for his army, and this
authority was given by the House on the first day
of its session. On the next day, in committee of
the whole, the House resolved that in view of the
fact that there was not in the State an army of

138 PATRICK HENRY.

regulars sufficient to repel the invaders, nor could
one be gotten in time, that the Governor be desired
to order out a sufficient number of militia for the
purpose, the men to bring with them such arms as
they could procure; that all the men raised for
Greene's army be detained, with the arms they had,
in the State ; that martial law be declared within
20 miles of the armies ; and that Congress, Penn
sylvania, and Maryland be requested to give imme
diate aid to the State. Mr. Henry was on the com
mittee to prepare the addresses asking for aid.

On May 30, on motion of Mr. Henry, post-riders
were ordered who should keep them informed of the
state of the war within the borders of the common
wealth. On the same day a bill was introduced, in
response to a resolution of Congress, authorizing
that body to levy a duty on certain goods and mer
chandise, and also on all prizes, in order to replen
ish the empty Continental treasury.

Of the standing committees of the body appoint
ed the next day, Mr. Henry was made chairman of
the one on Privileges and Elections, and a member
of the one on Courts of Justice.

On Saturday, June 2, on the motion of Mr. Hen
ry, General Morgan, who had left Greene's army,
was invited to take charge of the men ordered to
be raised for the defence of the State, and to act
under Lafayette ; and a committee, of which Mr.
Henry was chairman, was appointed to consider the
most speedy and effectual measures for procuring
arms and military stores. This being the last day
of Mr. Jefferson's term as governor, his successor
was to have been elected, but rumors of the ap
proach of the enemy determined the body to post-

CLOSE OF THE REVOLUTION. 139

pone the orders of the day, and to adjourn till
Monday, and in case the place was then in the
hands of the British, to meet on the llth instant at
Penn's Ordinary, in Amherst County. On Monday
the House hastily met after the arrival of Mr.
Jouette with intelligence of the approach of Tarle-
ton, and adjourned to meet on the next Thursday
at Staunton, in Augusta County.

Many incidents are related of the hasty retreat
of the grave legislators on the approach of the fa
mous British partisan. One of the most interest
ing, as showing the almost idolatrous regard of the
people for Mr. Henry, is found in Abel's " Life of
John Tyler." It is as follows : l

" On their way thither (to Staunton) many of
the country people were met, two or three upon a
horse, riding in to the defence of the town (Char-
lot tesville), the news of Tarle ton's march having
already spread over the neighboring country. Late
in the day Messrs. Henry, Tyler, Harrison, and
Christian, who had ridden together, fatigued and
hungry, stopped their horses at the door of a small
hut in a gorge of the hills, and asked for refresh
ments. A woman, the sole occupant of the house,
inquired of them who they were, and where from.
1 We are members of the Legislature,' said Mr.
Henry, i and have just been compelled to leave
Charlottesville on account of the approach of the
enemy.' i Ride on, then, ye cowardly knaves,' re
plied the old woman, in a tone of excessive indig
nation. i Here have my husband and sons just
gone to Charlottesville to fight for ye, and you run
ning away with all your might. Clear out — ye
shall have nothing here.' 'But,' Mr. Henry re-

1 See Letters and Times of the Tylers, i., 81.

140 PATRICK HENRY.

joined, 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 I always thought a good
deal of Mr. Harrison till now,' the old woman an
swered ; ' 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,' again
interposed Mr. Henry ; i you would hardly believe
Mr. Tyler or Colonel Christian would take to flight
if there were not good cause for so doing.' i No,
indeed, that I wouldn't,' she replied. 4 But Mr.
Tyler and Colonel Christian are here,' said he.
'They here? Well, I never would have thought
it,' and she stood a moment as if in doubt, but
finally added, ' No matter ; we love those gentle
men, and I didn't suppose they would ever run
from the British, but since they have, they shall
have nothing to eat in my house. You may ride
along.' As a last resort, Mr. Tyler then stepped
forward and said, i 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
would 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 Mr. Hen
ry,' rejoined Mr. Tyler, pointing him out. The old
woman looked astonished. After a moment's con
sideration, and a convulsive twitch or two at her
apron string by way of recovering her scattered
thoughts, she said, i Well, then, if that is Patrick
Henry, it must be all right. Come in, and ye shall
have the best I have in the house.' Perhaps no
higher compliment was ever paid to the patri
otism of Patrick Henry, than this simple tribute
of praise from the mouth of that poor but noble

woman."

CLOSE OF THE REVOLUTION. 141

A few of the members fell into the hands of the
enemy, but the body reassembled according to ad
journment in Staunton, on June 7. They were soon
to be again disturbed by rumors of Tarle ton's ad
vance, which originated in a manner characteristic
of war rumors. The late judge Francis T. Brooke,
of the Virginia Court of Appeals, relates in a me
moir, that being a young lieutenant he was ordered
to lead a detachment to Staunton, and crossed the
mountains near Waynesboro. He adds : " At that
time I suppose a regimental coat had never been
seen on that side of the mountain — nothing but
hunting shirts. I marched with drums beating and
colors flying, and some one seeing the troops, carried
the news to Staunton that Tarleton had crossed the
mountain, and the Legislature then sitting there ran
off again ; but learning the mistake, rallied and re
turned the next day. In the morning I entered the
town."

Waynesboro is at the foot of the mountain on
the north side, and twelve miles from Staunton.

On Sunday, June 10, the Journal shows that the
House met according to adjournment which was to
10 o'clock A.M., and resolved "that this House do
adjourn until to-morrow morning, 10 o'clock, then to
meet in this place ; but if there shall appear dan
ger in so doing from the enemy, that then this
House be adjourned until Thursday next, then to
meet at the Warm Springs in this county ; " and
they further empowered the Speaker in case of ne
cessity, to appoint any other time and place for the
meeting.

On the next day, Monday, June 11, the House
met, apparently at the usual hour, 10 o'clock, and

142 PATRICK HENRY.

Mr. Henry offered the first resolution, which was
one directing the commercial agent to purchase,
without delay, arms and munitions of war, with the
assurance that the State would make punctual pay
ment for the purchases.1 It appears, from the evi
dence collected by Hon. J. A. Waddell in his " An
nals of Augusta County,'7 that the alarm was spread
on Sunday, and on that day reached Tinkling
Spring Church, between Waynesboro and Staunton,
where a congregation was assembled,2 which at
once sought arms and repaired to Rockfish Gap.

Taking the statement of Judge Brooke and the
evidence collected by Mr. Waddell, in connection
with the Journal of the House, it appears that the
alarm reached Staunton on Sunday morning, and
caused the House to meet and order an adjourn
ment to the Warm Springs in case the rumor
proved to be true ; and that the next morning
found the body at Staunton, the rumor having
been discovered to be false during Sunday. This
is inconsistent with the tradition, preserved by some
writers, wrhich fixes the alarm during the night, and
makes Mr. Henry one of the fugitives who left
Staunton before daybreak. By his being in his
place early Monday morning, it is most probable
that he never left the town at all, certainly not
within a few hours of the meeting of the House.

On June 12, the body proceeded to the elec
tion of a Governor and three new members of
the Council, the State having been for ten days
without an executive head, except Colonel William
Fleming, who, being a member of the Council, re
mained with the Legislature and acted as Governor.

1 Journal, p. 13. " Waddell' s Annals of Augusta County, 182.

CLOSE OF THE REVOLUTION. 143

Mr. Jefferson had retired to his farm in Bedford
County upon the approach of Tarleton to Char-
lottesville, his term of office having expired two
days before. In a letter to General Washington,
written May 28, he had said : " A few days will
bring to me that relief which the constitution has
prepared for those oppressed with the labors of my
office, and a long-declared resolution of relinquish
ing it to abler hands has prepared my way for re
tirement to a private station." When the election
was had, however, Thomas Nelson, Jr., and John
Page (of Rosewell) were put in nomination in the
House, and Mr. Jefferson in the Senate.2 General
Nelson was elected on the first ballot. Immedi
ately after the announcement of the result, the fol
lowing resolution appears on the Journal, offered
by George Nicholas, one of the representatives of
Albemarle, Mr. Jefferson's county :

" Resolved, That at the next session of Assembly
an inquiry be made into the conduct of the Execu
tive of this State for the last twelve months." 3

Edmund Randolph says of this motion, and of
the dissatisfaction with the military conduct of
Baron Steuben : 4 "At this session of the Assembly
the usual antidote for public distress was resorted
to. Two persons were named with acrimony, as
delinquent: Baron Steuben, for not having succeed
ed in protecting the stores in the vicinity of the
Point of Fork, and Thomas Jefferson, the gov-

1 Jefferson's Complete Works, i. , 311.

2 Original note of proceedings made by the clerk. MS.

3 Journal, 15. 4 MS. History of Virginia.

144 PATRICK HENRY.

ernor at the time of Arnold's invasion, as not hav
ing made some exertions which he might have
made for the defence of the country. . . . Col
onel George Nicholas and Mr. Patrick Henry were
those who charged Mr. Jefferson. They aimed to
express themselves with delicacy toward him, with
out weakening the ground on which they supposed
that their suspicions would be found ultimately to
stand. But, probably without design, they wound
ed by their measured endeavor to avoid the inflic
tion of a wound. Colonel Nicholas moved, how
ever, for an inquiry into the conduct of the governor
at the succeeding session. The motion was carried
with the concurrence of his friends and his foes ; of
the former to afford him an opportunity for excul
pation, of the latter, who conceived him to be
ruined."

The feeling as to Baron Steuben led to a resolu
tion, introduced by John Page, requesting Lafayette
" to inquire into the conduct of all persons under his
command supposed to have been instrumental in
the loss of the stores at Point of Fork." 1

Mr. Jefferson afterward obtained from Mr. Nich
olas a copy of the objections to his official conduct
upon which he had based his motion, and furnished
him an answer to each. He did more, he so ingra
tiated himself with Mr. Nicholas, that he not only
publicly acknowledged that he had acted hastily,
but became one of the warmest of Mr. Jeffer
son's personal and political friends.2 It was far
different with Mr. Henry. The friendship be
tween the two was interrupted, never to be re-

1 Journal for June 22, 1781, p. 29.

2 Randall's Life of Jefferson, 353-360.

CLOSE OF THE REVOLUTION. 145

stored. No word of bitterness is known to have
escaped Mr. Henry's lips regarding Mr. Jefferson,
while in public he did justice to his great talents
and to his services to his country. But Mr. Jeffer
son seems never to have forgiven Mr. Henry, and
while admitting his talents and services as a leader
of the revolution, he seldom failed to depreciate
him as a man, by statements now shown to be with
out foundation.

During the year 1781, while in retirement in
Bedford County, Mr. Jefferson wrote his " Notes
on the State of Virginia." In this volume he dis
plays a great deal of feeling against the then exist
ing Legislature in discussing the Constitution of the
State. He charges on some of the members of the
Legislature of 1776 the scheme of a Dictator, and
adds : " And in June, 1781, again under calamity,
the same proposition was repeated, and wanted a
few votes only of being passed." Of the advocates
of the measure he says : " Most of them meant well,
for I know them personally, had been their fellow-
laborers in the common cause, and had often proved
the purity of their principles." This leaves the im
pression that he thought some of the advocates did
not mean well, but he mentions no names to indi
cate who were the advocates, or who was the per
son they had in view.

Eighteen years after Mr. Henry's death, however,
he allowed Girardin, who wrote under his eye, and
with his approbation,1 not only to insinuate that Mr.
Henry was the proposed Dictator, but to state that
the charges against Mr. Jefferson were concocted

1 Appendix to History of Virginia, xi. See Mr. Jefferson's endorsement

of the author as to all he wrote concerning his term in his autobiography.
10

146 PATRICK HENRY.

to get him out of tlie way of the scheme. The
writer gives the following account of the failure of
the plot :

" But the impeachment, sour as was the temper
of the Legislature, failed to produce the two ends it
had in view, namely, to put down Mr. Jefferson
and to put up the project for a Dictator. The pulse
of the Assembly was incidentally felt in debates on
the state of the commonwealth, and out of doors by
personal conversations. Out of these a ferment
gradually arose, which foretold a violent opposi
tion to any species of dictatorship, and, as in a pre
vious instance of a similar attempt, the apprehen
sion of personal danger produced a relinquishment
of the scheme. Whilst these things were going on
at Staunton, Mr. Jefferson was in Bedford, and
neither interfered nor was applied to by the Assem
bly for information touching the charges against
him ; but as soon as the project for a Dictator was
dropped, his resignation of the government ap
peared. This produced a new scene, many of the
members talked of re-electing him. Several of his
warmest friends strenuously opposed it, upon the
grounds that, as he had divested himself of the gov
ernment to heal the divisions of the Legislature, at
that perilous season, for the public good, and to
meet the accusation upon equal terms, for his own
honor, his motives were too strong to be relin
quished, and too fair to be withstood. Still, though
General Nelson, the most popular man in the State,
and without an enemy in the Legislature, was nomi
nated, a considerable portion of the Assembly voted
for Mr. Jefferson. The two considerations just
stated alone prevented his re-election."

This passage is contradictory of the statement in
the " Notes," that the scheme of a Dictator wanted a

CLOSE OF THE REVOLUTION. 147

few votes only of being passed, but in other partic
ulars it is proved to be false by the record, and by
Mr. Jefferson's letter to Washington of May 28, pre
vious. That letter shows that Mr. Jefferson's desire
not to offer for re-election had been announced long
before the end of his term, and the Journal shows
that no motion was made to inquire into his official
conduct until after the election at which General
Nelson had defeated him and John Page, both regu
larly nominated for Governor. A contemporane
ous letter written from Staunton, June 9, 1781, by
Captain H. Young, of the Quarter-master's depart
ment, to Colonel William Davies, of the Board of
War, shows that the move for a Dictator was begun
before the inquiry into Mr. Jefferson's official con
duct ; and completely disproves the statement that
Mr. Henry was the person thought of by the
movers. He writes :

" 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 such an
appointment. General Wayne joined the Marquis
yesterday with a very respectable corps — perhaps
it might be the day before, accounts differ. We
have but a thin house of Delegates, but they are
zealous I think in the cause of virtue."

We have also an account of the motion in a let
ter of Judge Archibald Stuart to Mr. Jefferson,
September 8, 1818, among the Sparks MSS. at

1 Calendar of Virginia State Papers, ii., 152

148' PATRICK HENRY.

Harvard College. The writer states tliat he was
present, in 1781, when George Nicholas proposed
the appointment of General Washington as Dicta
tor in Virginia, which was opposed by Mann Page
and others. He adds: "When Mr. Nicholas sat
down, Mr. Henry addressed the chair ; he observed
it was immaterial with him whether the officer
proposed was called a Dictator, or Governor with
enlarged powers, or by any other name, yet surely
an officer armed with such powers was necessary to
restrain the unbridled fury of a licentious enemy,
and concluded by seconding the motion. . . .
After a lengthy discussion the proposition was
negatived. ... I communicated these facts to
you shortly after they took plape."

On the same day that Mr. Nicholas gave notice
of his proposed motion, thev^House indicated its
opposition to it, by resolving that on the next
Tuesday, the 12th, it wouM elect a Governor and
new members of the Council. v The enlargement of
the powers of the new Executive seems to have
been all that Mr. Henry desire'd.

The passage penned by Girardin is plainly an ef
fort to account for the defeat of Mr. Jefferson upon
grounds honorable to him, and dishonorable to his
opponents. Its lack of truthfulness has been part
ly shown. But the question still remains whether
Mr. Jefferson did his duty in protecting the State
against Arnold's invasion, and in defending him in
this matter, his apologists have not failed to insti
tute comparisons with the conduct of his prede
cessor under similar circumstances. The facts give
them no comfort, however, from this source.

In the case of Collier's invasion, Governor Henry

CLOSE OF THE REVOLUTION. 149

had no warning until the enemy entered the Capes,
while Governor Jefferson was warned when the Ar
nold expedition was being prepared in New York.
When the enemy entered the Capes Governor Henry
received exact information within less than two
days, through vessels he had posted to watch the en
trance of the Bay, some of which engaged the ships
which were detached from the British fleet ; 1 while
Governor Jefferson, who had discontinued the spy
vessels, got his first information through a private
letter written to another person, and was not assured
of the destination of the fleet, nor indeed whether it
was French or English, for two days afterward ; at
the Collier invasion Governor Henry had a regi
ment of regular troops posted so as to resist their
landing at different points along the Bay, and to be
easily concentrated for the ^protection of the capital;
while Governor Jefferson had no such force. Gov
ernor Henry promptly assembled a sufficient force
to prevent the advance of the enemy, 2,000 strong,
farther than Suffolk, near the Bay. Governor Jef
ferson, on the contrary, did not assemble a sufficient
force to meet half of that number of invaders, until
they had taken Eichmond, much farther in the in
terior, and were retiring after their work of destruc
tion.

Mr. Jefferson, in his defence furnished to Mr.
Nicholas,2 admits the information received in De
cember, and excuses himself for neglecting the
warning on the ground that the embarkation of the

1 Account of the Expedition by one with it, Virginia Historical Reg
ister, iv., 186. The Journal of the House of May 10, 1779, shows infor
mation of the hostile fleet which entered the Bay the evening of the 8th.

2 Randall's Life of Jefferson, i.. 354.

150 PATRICK HENRY.

British was said to be for the southward, but not
certainly for Virginia, and it was too expensive and
harassing to call out the militia upon such an uncer
tainty. Even if this could excuse him for not call
ing out the militia at once, it would not excuse him
for failing to send a swift vessel to the Capes, to
watch and report the first appearance of the enemy
coming in ; and for not having everything ready to
bring out the militia on the first warning. He in
fact paid little or no attention to the warning sent
him.

It is certain that Mr. Henry, in his censure of
Governor Jefferson, was supported at the time by
some of the most intelligent men in Virginia.1 Mr.
Jefferson himself, in his autobiography, admitted
his inability to properly fill the office of Governor
during the invasion, and on that based his " resig
nation," as he termed it, in favor of General Nel
son. At the next session of the Assembly the war
had virtually ended and independence had been
won. All were in the highest state of exultation,
and disposed to throw the mantle of charity over
past errors. No one appeared to prosecute the
charges against Mr. Jefferson. He arose in the
House and read the " objections " furnished him
by Mr. Nicholas, and his answers. And the body
then passed a resolution which, as amended in the
Senate, reads as follows :

" Resolved, That the sincere thanks of the Gen
eral Assembly be given to our former Governor,
Thomas Jefferson, Esq., for his impartial, upright,

1 See letter of John.Page to Colonel Bland, Virginia Historical Register,
iv., 195, and Henry Lee's Memoirs of the War in the South.

CLOSE OF THE REVOLUTION. 151

and attentive administration whilst in office. The
Assembly wish, in the strongest manner, to declare
the high opinion which they entertain of Mr. Jef
ferson's ability, rectitude, and integrity as a chief
magistrate of this commonwealth, and mean, by
thus publicly avowing their opinion, to obviate and
remove all unmerited censure." l

Mr. Henry was in his seat at the time, and did
not vote against the resolution in the House, if he
did not vote for it ; as the Journal records that it
was passed, " nemine contradicente." It was in
tended to soothe the wounded feelings of the
author of the Declaration of Independence. But
it was not intended to prevent, nor could it prevent,
merited censure for any act of his administration.

Mr. Jefferson was not satisfied, however. His
subsequent correspondence shows deep resentment,2
which neither time nor philosophy mastered, as ap
pears by his use of the pen of Girardin.

Having made the admirable selection of General
Thomas Nelson for Governor, the Legislature pro
ceeded to strengthen his hands by the most effec
tive legislation, in all of which Mr. Henry appeared
as the leader. Among the acts was one enlarging
the powers of the executive, which invested the
Governor and Council with but little less than dic
tatorial powers. It placed at their command all
the forces and resources of the State, suspended the
writ of habeas corpus when suspected persons were
arrested by their orders, authorized them to banish
such persons beyond the military lines, and declared

1 Randall's Life of Jefferson, i., 359.

2 Letter to Monroe, May 20, 1782, in Randall's Life of Jefferson, L,

377.

152 PATRICK HENRY.

that any one who resisted the calling of men into
the field, should be considered civiliter mortuus, his
property to go to his next heir, and he be liable
to the pains and penalties of a premunire.1 Mr.
Henry was on the committee that reported this
bill,2 and also on the committee that brought in the
bill for more effectively regulating and disciplining
the militia.

He was chairman of the several committees that
reported the bills for raising Virginia's quota of
Continental troops ; for the relief of the residents
on the western waters ; for establishing courts of
claims ; for making the money emitted at this ses
sion legal tender ; for stopping the expedition lately
ordered against Detroit ; and for suppressing certain
insurgents in the western and northwestern fron
tiers, and no doubt introduced the measures.3
Among the resolutions he introduced was one re
questing the Executive to present to Captain John
Jouette, on behalf of the Assembly, " an elegant
sword and pair of pistols." 4

On June 22, the House adopted the following
address to Congress, which had been prepared
and presented by Mr. Henry under a previous or
der,5 and which succinctly and strongly recalled the
efforts of Virginia to maintain the war in the South,
her present needs in her own defence, and the jus
tice of her demand for help :

1 Herring, Statutes at Large, x., 413.

2 Journal for June 15, 1781, p. 19.
s Journal, 19, 22, 25, 26, 27.

4 Captain Jouette was afterward a prominent citizen of Kentucky.

5 Journal, 23.

CLOSE OF THE REVOLUTION. 153

To the Horfble the Congress of the United States
of America.

u The General Assembly of Virginia deem it their
indispensable duty to represent the distressed situa
tion of their country, and to call for such aids as
the present exigency demands. The war hath for a
long time past raged with the most active violence
in the southern states, where the greater part of the
Virginia regular line were lost. In order to check
the victorious career of the enemy and prevent the
total loss of the two Carolinas and Georgia, the mi
litia of this state was sent into long, expensive, and
painful service in great numbers from time to time,
at seasons the most inclement and distressing to
them, under every discouragement, arising from a
general want of necessaries, a sickly climate, and a
series of defeats and disasters. The finances of the
southern states have long since gone to ruin, and
upon those of Virginia the southern defence has
long continued to press with accumulated and ruin
ous violence. Within twelve mouths last past
twenty millions of dollars have been emitted in
state money from our Treasury, and there is a sum
now due from this state for recent expenses of the
war in this quarter to a most enormous amount, and
added to the late emissions amounts to a sum be
yond our abilities to discharge. We have also
spared a great number of public arms to our south
ern neighbours, which have never been returned.
During the course of these exertions to serve our
sister states, our own hath not been unassailed by
the enemy ; for frequent invasions by sea as well as
Hostilities on our Western Frontier have kept our
people in a constant state of alarm, and have called
for such frequent returns of military duty as were
distressing in the highest degree to a people whose

154 PATRICK HENRY.

commerce is destroyed while they are loaded with
Taxes. In this state of multiplied difficulties and
exhausted resources, the enemy, collecting a for
midable force from various quarters and quitting
the former seat of war, concentre all their efforts
against Virginia. They carry Fire, Sword, and
Ravage through the bowels of our country. We
cannot resist them effectually, superior as they are
by land and water, and our country rendered acces
sible to them by so many large rivers They have
found us unprepared and exhausted. Active zeal
for the American cause has rendered us so. We
therefore request Congress to give us instant and
effectual aid. We want men, money, arms, and
military stores. We call for these in the utmost
amount that the ability of Congress can possibly
furnish. The sufferings of a Virtuous people, who
now feel everything that a cruel, vindictive, and en
raged enemy can inflict, compel us to make the de
mand, and justice ensures a compliance with it on the
part of Congress. But should the affairs of the con
tinent or its resources be so circumstanced as that a
sufficient force by land and sea cannot now be af
forded us, we think it high time to call upon OUT
European Allies and Friends for their most strenu
ous exertions, and we request that Congress will be
pleased to solicit from them those aids which are
so essential to our preservation, and which it is their
true interest to afford."

On the next day the body adjourned to meet in
the fall at Richmond, or at such other place as the
Governor might appoint.

Nothing puts in a stronger light the justice of
Virginia's claim for aid from the North than the
statement of her forces in the field during the spring
and summer of 1781. At the battle of Gruilford,

CLOSE OF THE REVOLUTION. 155

fought March 15, Greene's force was 3,650 men, of
which there were four regiments of Continental
troops. Of these two were from Virginia. In ad
dition she furnished Lee's legion, and more than
half of the militia. Of the army with Greene there
were thus 2,481 Virginians.1 Counting the men
under arms for the protection of the western fron
tier, and those with Lafayette, she had at least five
thousand men under arms in addition to the forces
sent Greene, and it is safe to say she kept from six
to seven thousand men in the southern field during
the campaign. This was as many as were on the
rolls of the army with Washington, who really had
but a little over four thousand effective men.2 Of
these a considerable part were Virginians, as is
shown by the return of the troops he brought to
Yorktown.

Forty-three years afterward, when Mr. Henry
had been in his grave twenty-five years, a serious
charge was brought against him relating to his con
duct during one of the sessions of this Legislature.
It was made by Colonel John Taylor, of Caroline
County, in a conversation with John Quincy Adams,
who has preserved it in the following entry in his
diary :

21. (March, 1824) I called at the beginning of
the evening upon Colonel John Taylor, the Senator
from Virginia, and R. P. Garnett, the member of
the House, who has just returned from a visit home.
Taylor continues low in health and feeble. He
repeated to me the anecdote concerning Patrick
Henry which he had related some weeks since at
my house; that in the campaign of 1781, Henry

1 Bancroft, x., 479. 2 Irving'e Washington, iv., 272.

156 PATRICK HENRY.

actually proposed in a secret session of the Legisla
ture of Virginia that she should be the first to sub
mit to Great Britain, in order that she might obtain
the most favorable terms. Taylor was himself a
member of the Legislature and heard him move to
go into secret session, then make the proposition,
and support it by an eloquent speech. It met with
such immediate, indignant, and universal opposition
that when the debate closed he had changed his
side, and was among the most ardent and sanguine
for perseverance in the war. Taylor thinks there
is great exaggeration in the panegyric upon Hen
ry by Mr. Wirt, and says that Henry had much
less efficient agency in the Revolution than many
others." 1

Of this remarkable statement, or of a repetition
of it, Mr. Madison, who had been intimate with
some of the members of the sessions of 1781, wrote
in February, 1827 :

" It is difficult to resist the positive testimony of
Colonel Taylor as to the intention of Mr. Henry to
give up the contest with Great Britain. But is it
not more difficult to resist the extreme improbabil
ity of the fact ? " 2

Colonel John Taylor was a countyman, first
cousin, and protege of Edmund Pendleton, and thus
entered public life with all of Pendleton's prejudices
against Mr. Henry. This animus is plainly shown
in his depreciation of Mr. Henry's services in the
Revolution, which was but a reiteration of what he
had written John Adams on the appearance of Mr.

1 Life of J. Q. Adams, vi., 263.

5 Madison's Works, iii., 564. Letter to Henry Lee.

CLOSE OF THE REVOLUTION. 157

Wirt's book.1 His feeling of hostility, thus early
imbibed, had been intensified in 1799, when Mr.
Henry openly opposed the resolutions he had intro
duced in the Virginia Legislature in 1798, claiming
for the State the right to pass on the validity of a
federal law. The division in Virginia on these fa
mous resolutions excited extraordinary party heat,
and Colonel Taylor was one of the most extreme of
party men, inclined even then to disunion.2 His es
timate of Mr. Henry therefore was of little value in
his mature manhood, and of much less when, with
faculties impaired, he was tottering to his grave.3

The Journals of both sessions of 1781, together
with the bills and resolutions introduced, are pre
served in the State archives. A careful examina
tion of these shows no trace of such a motion, while
they show Mr. Henry to have been foremost in de
vising measures for a vigorous prosecution of the
war. Had he once shown a disposition to surren
der the State, it is incredible that the body would
have trusted him in the important and delicate
matters committed to him. Among these there
need only be recalled the addresses to Congress,
one of which was adopted the day before the body
adjourned at Staunton. But not only is the charge
not sustained by the Journals and papers of the
Legislature, but it is on its face incredible. Mr.
Henry had been a great leader in the Legislature
for years, and had always been in accord with the
popular feeling. It is not to be believed that he

1 Life and Works of John Adams, iii., 58.

2 Randall's Jefferson, ii., 447.

3 Colonel Taylor died in August, 1824, five months after this conver
sation, seventy-four years of age. Appleton's Cyclopaedia of American
Biography.

158 PATRICK HENRY.

would have made such a motion without having
first felt the pulse of the body, and had he done so,
he would have abandoned the idea at once ; for we
are told that it met with " immediate, indignant,
and universal opposition."

Again, such a motion certainly indicated de
spondency in the mover, yet we are told that, " when
the debate closed, he had changed his side, and was
among the most ardent and sanguine for persever
ance in the war." Nothing could have been more
remarkable than such a change. A support of the
war, after such an exhibition of his convictions,
might have been possible. But the most ardent and
sanguine support was not possible, if the mo
tion was made in earnest. That Mr. Henry was
among the most ardent and sanguine for persever
ance in the war is beyond doubt, and this fact suf
ficiently disproves the statement of Colonel Taylor.

It is passing strange that this charge was not-
made during Mr. Henry's life, if there was any
ground for it. There were two periods when such
a charge, if established, would have greatly helped
his political opponents, and, if true, would very
certainly have been made. One was during, and
immediately subsequent to, the convention of 1788,
when, in order to break down Mr. Henry's influ
ence, resort was had to personal attacks. One of
these was made on the floor of the convention by
Edmund Randolph, a brother-in-law of George
Nicholas, a leading member of the Legislature of
1781. After the adjournment of the convention a
series of articles appeared over the signature of
" Decius," attacking Mr. Henry's private as well as
public character. They were believed to have been

CLOSE OF THE REVOLUTION. 159

written by one of the Nicholas family, assisted by
several of Mr. Henry's opponents. But although
these assailants brought many charges, they no
where mention any flinching on his part during the
Revolution. Another period was the excited times
of 1799, when so many bitter things were said about
Mr. Henry. Many of his opponents had been mem
bers of the Legislature of 1781, but there was no
hint of his having proposed to surrender Virginia
to the British.

If Colonel Taylor had any ground for his state
ment, it must have been that Mr. Henry, in urging
some extreme war measure, argued that the sur
render of the State would probably be the alter
native. Some such incident may have become
perverted in a prejudiced and failing mind into
the statement made to Mr. Adams.

Governor Nelson proved to be the man for the oc
casion. He wielded the immense power given him
with a patriotism and wisdom above all praise. The
people were impressed with the belief that by a
supreme effort they would be able to drive the Brit
ish from the State, or capture Cornwallis's army, in
which last event the war would be brought to a
close. Notwithstanding the calls which had been
made before, the great destruction of property in
some portions of the State, and the impressments in
others, there was a generous response to the demands
of the hour, and not only did the Governor appear
in person at the head of a large body of militia to
aid in the investment of Cornwallis, but provisions
were forthcoming sufficient to sustain the combined
American and French armies which closed in upon
him. It is related of the noble Governor that, in

160 PATRICK HENRY.

order to get the money he needed for the men under
him, he pledged his own large private fortune, and
impoverished himself.

While Virginia was suffering under the tread of
the invader, Washington was passing through se
vere trials at the North. Of the 37,000 men voted
him by Congress, he had only about 4,000 fit for
duty.1 To hold his small army together, he had
seen that a specie loan was necessary. At his ear
nest solicitation Congress sent Lieutenant- Colonel
John Laurens, December 28, a special commissioner
to the French court. Washington ^ave him a let-

C5 O

ter of instructions, by which he was directed to
solicit a substantial loan, and a naval and land
force sufficient to maintain a superiority over the
British in America.2 Scarcely had Laurens been
commissioned when painful evidence was given of
the impending danger.

On January 1, 1781, a serious mutiny broke out
in the Pennsylvania troops, who were not only
" poorly clothed, badly fed, and worse paid," but
were being detained, by a strained construction of
the terms of enlistment, beyond their time of ser
vice. It was by the greatest firmness and tact that
their commander, General Wayne, and Colonel Reed,
the Governor of the State, finally quelled the mutiny,
and stopped the march of the men to the doors of
Congress. This dangerous move was followed by a
similar one in the Jersey line, on January 20. This
last Washington put down by a detachment from the
Massachusetts line, which surprised the mutineers, a
small body, and shot two of the ringleaders.3

1 living's Washington, iv., 272. 5 Idem, 193.

3 Idem, 194-204.

CLOSE OF THE REVOLUTION. 161

Congress at last became aware that a change
must be made in its finances to avoid utter ruin.
Robert Morris, a man competent to the task of re
storing its credit, was made Superintendent of Fi
nance, February 20, 1781. Under his direction a
return to specie payments was determined on. The
debt due in paper money was ordered to be reduced
to a specie value and funded as an interest-bearing
loan. The quotas of money asked for from the
States were fixed in specie, and it was recommended
that all tender laws be repealed. A bank was also
chartered to aid the government, upon a plan pre
pared by Gouverneur Morris, the Assistant Superin
tendent of Finance. These measures, with the loan
of six millions of livres from France, effected by
Colonel Laurens, had the desired effect. Paper
money soon went out of use, and prices were ad
justed upon a specie basis.

But Colonel Laurens was not only successful in
obtaining money from the court of France ; he
persuaded the King to become security for a sub
stantial loan from Holland, and to send an addi
tional fleet and land force to the aid of the United
States.

Before their arrival Washington planned an at
tack upon New York by the combined American
and French forces, the French marching from New
port for the purpose. The plan failed, but was
followed up by a demonstration in force, which
alarmed Clinton, and caused him to order the
return of some of his forces in Virginia.

Early in August Washington was informed by
Lafayette of the movement of the British from
Portsmouth ; and also by despatches from the

162 PATRICK HENRY.

Count de Grasse, commanding the additional
French fleet, that he was at St. Domingo, and
would sail on the 3d with twenty-five or thirty
ships of the line for Chesapeake Bay, having on
board a considerable land force. These re-enforce
ments were sufficient to make the Americans supe
rior to the foe in Virginia, both on land and water.
Washington now changed his plans. He wrote to
Lafayette to cut off any attempted retreat through
North Carolina. Deceiving Clinton as to his move
ments, and leaving Heath in command of the posts
along the Hudson, he withdrew from before New
York with two thousand American troops and all
of the French force under him, and on August 19,
commenced a rapid march to Virginia. Reaching
Philadelphia, the combined armies were joyfully
reviewed by Congress and the citizens, and the
excitement aroused by their presence was raised to
the highest pitch by intelligence of the entrance
into Chesapeake Bay of the Count de Grasse, and
the landing of three thousand troops under the
Marquis St. Simon. Washington, hastening on,
reached Williamsburg on September 14, and was
greeted by the combined American and French
forces under Lafayette. Here he learned that the
Count de Grasse, who had put to sea in order to
engage the English fleet under Admiral Graves,
had won a victory, and had thus enabled De Bar-
ras to enter the Bay with the French fleet which
had been blockaded at Newport. De Ban-as
brought with him siege artillery and military
stores.

Corawallis, aroused to his danger upon the ap
pearance of De Grasse in the Bay, had attempted to

CLOSE OF THE REVOLUTION. 163

escape in the direction of North Carolina, but it was
too late. Both York and James Rivers were filled
with French ships, and the force under Lafayette
at Williamsburg was too strong to be attacked.
He proceeded, therefore, with great energy to
strengthen his fortifications at Yorktown and Glou
cester Point, just across the river.

Washington, in command of the combined armies
numbering about twelve thousand men, besides three
thousand two hundred Virginia militia under Gov
ernor Nelson, marched from Williamsburg Septem
ber 28, reached the vicinity of Yorktown, twelve
miles distant, in the afternoon, and commenced the
siege. The French fleet took up its position in
Lynn Haven Bay, and effectually cut off assistance
by sea. On October 2, a foraging party under
Tarleton, which had moved out of Gloucester Point,
were driven in by a French force under Lauzun and
Choisy, and the next day that point was fully in
vested. This was the last engagement of Tarleton
and his celebrated legion.

On the 9th the first parallel was completed on
the Yorktown side, and the American batteries were
placed in position. Washington put the match to
the first gun, and a brisk and well-directed cannon
ade commenced. The headquarters of Cornwallis
were in the mansion of the venerable Secretary
Nelson, the uncle of the Governor. This was soon
so riddled that the Earl was forced to leave it.
The Governor had also his home in the town, and
he expected that Cornwallis would occupy that.
So believing, he directed fire to be opened upon it.

On the 14th two redoubts of the enemy were
stormed, one by a party of Americans from the de-

164 PATRICK HENRY.

tachment of Lafayette, led by Colonel Alexander
Hamilton, and the other by a party of French from
the detachment of Baron de Viomenil, led by the
Count de Deuxponts. A second parallel was now
established. Reduced to despair, Cornwallis next
attempted to escape by conveying his army across
to Gloucester Point in the night, and forcing the
French lines thrown around that place. A storm
prevented his crossing the second division of his
army, and forced him to recall the troops already
over. His hopes of assistance from Clinton, or of
further resistance, were now at an end. All his
guns had been silenced. On the 17th he sent a flag
of truce, which resulted in a formal capitulation on
the 19th of his entire force, amounting to 7,073
men, rank and file.

The besieging army was estimated at 16,000, of
whom 7,000 were French, 5,500 Continentals, and
3,500 Virginia militia. The conscience-stricken
Tarleton is said to have stipulated that he should
not be delivered to the Virginia militia, so many of
whose homes he had desolated.

The cry of " Cornwallis is taken,7' ran through the
country like wild fire, kindling transports of joy.
Bonfires, processions, barbecues, public addresses,
and sermons were the order of the day. Congress
voted thanks to all engaged, appointed a day of
thanksgiving, and resolved to erect a monument at
Yorktown in memory of the great event.1 The
King of France ordered a Te Deum to be sung in
the Metropolitan Church in Paris, and the city was
illuminated in honor of the occasion.

1 The promise was fulfilled a century afterward by the erection of a
splendid monument at the place.

CLOSE OF THE REVOLUTION. 165

The great event had been accomplished by a
grasp of mind in the conception of the campaign,
and an accuracy in the execution of its details, which
showed the highest order of military genius in
Washington, and drew even from his enemies the
tribute which true genius commands.

All recognized it as the end of the war, except
the King, who still dreamed of conquest. When
Lord North heard the news, he threw up his arms
as if shot, exclaiming over and over again, as he
wildly paced his room, " Oh God ! it is all over ! "
Fox is said to have expressed joy that the ef
fort to conquer was at an end. Washington took
his troops from the Eastern States back to their
quarters near New York. De Grasse sailed for the
West Indies. Rochambeau took the French troops
into the interior of Virginia for winter quarters, en
camping some of them at Charlotte Court-House ;
while Wayne with the Pennsylvania line marched
to the aid of Greene in recovering Georgia. Except
the partial engagements in that State, the fighting
on land was over, and the armies rested till the ef
fect on Parliament of the great disaster could be
seen.

On February 28, 1782, after several test-questions
had been put showing a steadily decreasing major
ity for the ministry, General Conway's motion to
put an end to the war was carried in the House of
Commons, and England ceased her effort " to shear
the American wolf." A month afterward Lord
North resigned, and was succeeded by the peace ad
ministration of Lord Buckingham, which was forced
upon the still stubborn King by popular clamor.

Thus the great event which virtually closed the

166 PATRICK HENRY.

Revolution occurred in Virginia, and within hearing
of the old capitol, in which sixteen years before Pat
rick Henry had given it its first decided impulse by
his resolutions against the Stamp Act. How effi
cient he had been as a leader in every stage of its
progress has been in some manner set forth in the
preceding pages ; but it is impossible to estimate
in full the services rendered by him in the establish
ment of the independence of his country. Years
afterward, Mr. Jefferson, who had no disposition to
over- rate him, said to Daniel Webster :

" He was as well suited to the times as any man
ever was, and it is not now easy to say what we
should have done without Patrick Henry. He was
far before us all in maintaining the spirit of the
Revolution. His influence was most extensive with
the members from the upper counties, and his bold
ness and their votes overawed and controlled the
more cool or the more timid aristocratic gentlemen
of the lower part of the State. 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. If we had
not had him, we should probably have got on pretty
well, as you did, by a number of men of nearly
equal talents; but he left all of us far behind." 1

And conversing with Mr. N. P. Trist by his own
fireside, he said :

" It was to him that we were indebted for the
unanimity that prevailed among us. He would ad
dress the assemblages of people at which he was
present, in such strains of native eloquence as Homer
wrote in." 2

] Curtis1 s Life of Webster. 2 Randall's Life of Jefferson, i., 40.

CLOSE OF THE REVOLUTION. 167

Judge Spencer Roane, of the Virginia Court of
Appeals, who had ample opportunities of knowing
Mr. Henry's services, wrote of him in his letter to
Mr. Wirt : " He emphatically led the people in
promoting and effecting the Revolution." " He had
an astonishing portion of political courage. Per
haps it is not too much to affirm that it is owing to
this one quality of this single man that our Revolu
tion took place at the time it did."

These are but utterances of the general voice of
Mr. Henry's contemporaries. To his imperishable
honor, therefore, it may be said that he led Virginia,
the leader of the colonies, in the important measures
of the American Revolution. During the prolonged
and arduous contest, he and his co- patriots were an
imated by the conviction that upon its issue de
pended not only American rights, but the liberties
of mankind. This belief was shared by the lovers
of liberty in the Old World, and excited their intense
interest in, and active sympathies for, the American
cause. Nor was the result disappointing. The
check given to British tyranny, and the success of
republicanism in the United States, have advanced
free institutions throughout Europe and America,
and justified the declaration of Fox on the floor
of Parliament, that, " The resistance of the Amer
icans to the oppressions of the mother country
has undoubtedly preserved the liberties of man
kind." In 1887, it could be truthfully said by a
writer on American institutions that, at the close
of the Revolution, " there was in the old world only
one free nation and no democracy. In Europe there
now remain but two strong monarchies, those of
Russia and Prussia, while America, .scarcely except-

168 PATRICK HENRY.

ing Brazil and Canada, is entirely (at least in name)
republican." l Within the year 1890 Brazil has de
throned her king and adopted a republican form of
government.

This liberalizing of civil government on each side
of the Atlantic is the outcome of the great princi
ple for which the American revolution was fought,
that there should be no legislation for the people, ex
cept through their chosen representatives ; or stated
more broadly, that the sovereignty of the people is
the true basis of government. It was clearly fore
seen by Chatham, Fox, Wai pole, and Burke, the
greatest British statesmen of the age, that the fail
ure of the American cause would result in the es
tablishment of absolutism in England,2 and if this
had come to pass in England, there would have been
no advance of liberal ideas on the Continent. The
beneficent influence of the American Revolution,
therefore, on the governments of the world is a
thing as yet incalculable.

1 Predictions of Hamilton and De Tocqueville, by James Bryce, M.P.,
10. 2 Lecky's XVIII. Century, iii., 589-90.

CHAPTER XXX.

LEGISLATION AFTER THE WAR.— NEGOTIATIONS FOR
PEACE.— 1781-83.

Legislature of November, 1781.— Important Bills Introduced by
Mr. Henry. — Parliament Determines to End the War. — Letter
of General Gates to Mr. Henry. — Legislature of May, 1782. —
Movement for Separation of Kentucky and Washington County
from Virginia. — Virginia Withdraws Her Consent to the Aban
donment of the Free Navigation of the Mississippi. — Movement
of Maryland for Closer Relations with Virginia.— Friendly Re
sponse of Virginia. — Negotiations at Paris for Peace. — Impor
tance of Boundary Question. — The Northwest Secured by
Clark's Conquest.— Terms of Treaty.— Mr. Henry's Policy after
Peace. — Controls the Legislation of the State. — Accounts of
Some of His Speeches.

THE Virginia Legislature, which should have met
October 1, 1781, had no quorum in the House till
November 19. Mr. Henry did not take his seat till
the 27th of that month, and he obtained leave of
absence on December 21. During this short time
he served on a number of committees, some of which
considered matters of great importance in the new
condition of affairs. Among the bills introduced
by him the following deserve special mention :

A tax bill, carefully prepared, and admirably ad
justed to the condition of the State, which was in
great need of a sound circulating medium. Paper
money had ceased to circulate, and the little
specie derived from the Spanish trade, and the
French troops, was utterly inadequate to the wants
of the people. The bill introduced by Mr. Henry

170 PATRICK HENRY.

imposed a tax of one pound on every one hundred
pounds value of land, two shillings on every horse
and mule, three pence a head on cattle, five shillings
per wheel on pleasure carriages, fifty pounds on
every billiard-table, five pounds on every ordinary
license, and ten shillings capitation on white males
above twenty-one, and on all slaves. This might
be paid one half in specie, tobacco, or hemp, and
the other half in specie, tobacco, hemp, or flour, ex
cept the tax on land, and one-tenth of that might
be paid in the Continental bills emitted under the
act of March 18, 1780, which, when received, were
to be destroyed by the State Treasurer.1

A bill for calling in and funding the paper money
of the State. By this act the paper money issued
by the State was to be no longer a legal tender, ex
cept for the taxes of 1781. All holders of it were
required to bring it to the treasury on or before Oc
tober 1, 1782, when it might be exchanged for spe
cie certificates, carrying six per cent, interest, at
the rate of one thousand for one,2 the last value af
fixed to the paper currency.

A bill to adjust the pay of the Virginia officers
and soldiers in Continental or State service, and of
the sailors and marines in the State service. By
this act all accounts were to be audited, and what
was due in paper money scaled to specie as of due
day, according to a scale fixed by the act for every
month from January 1, 1777, to January 1, 1782;
the tract of land between the Mississippi, Ohio, and
Tennessee Rivers was substituted for the land lost
to the State by the running of the Tennessee line, in

1 Journal, 44 ; Hening, Statutes at Large, x., 501.
• 2 Journal, 43 ; Hening, Statutes at Large, x., 456.

LEGISLATION AFTER THE WAR. 171

the location of military warrants ; and the proceeds
of confiscated estates were devoted to the payment
of the arrears of military pay.1

A bill for adjusting all debts and contracts en
tered into between January 1, 1777, and January 1,
1782, payable in paper money.2 This authorized
the debtor to settle his obligation by paying the
scaled value in specie of the paper money as of the
date of the contract, by the scale given in the act ;
required partial payments already made to be first
credited at their nominal amount ; and gave a stay
of execution on judgments until December 1, 1783,
except on debts to the commonwealth, or for rents
or hires. No wiser measures could have been de
vised for bringing order out of the prevailing con
fusion.

Mr. Jefferson relates in a letter to Mr. Wirt, that
" at the close of the war many of us wished to re
open all accounts which had been paid in depre
ciated money, and have them settled by the scale
of depreciation. But on this he (Mr. Henry)
frowned most indignantly, and knowing the general
indisposition of the Legislature, it was considered
hopeless to attempt it with such an opponent at
their head as Henry." 3

It seems very apparent that of the two Mr. Hen
ry's sense of justice was the more correct. The
Legislature could not properly release men from
their contracts. All it should have attempted was
to establish a just specie scale for the settlement of
outstanding obligations payable in an exploded

1 Journal, 29 ; Hening, Statutes at Large, x., 462.

2 Journal, 40 ; Hening, Statutes at Large, x., 471.

3 Historical Magazine for 1867, 91.

372 PATRICK HENRY.

paper currency. To have set aside, or scaled, pay
ments accepted in paper money, would have been to
avoid the agreements of the creditors to receive the
payments at their nominal value, and make other
and different contracts for the parties. This can
never be right. That Mr. Henry's bill was just and
proper was not only the testimony of the Legislature
of 1781, but of the Legislature of 1865, which en
acted a similar law upon the close of the war be
tween the States and the collapse of the Confederate
paper currency. The principle has been also ap
proved by similar legislation in other States at each
period.

Glowing resolutions were adopted, thanking
Washington, Rochambeau, De Grasse, Lafayette,
and the French troops for their services to Vir
ginia, and especially for the last victory at York-
town ; and a marble bust of Lafayette was ordered
to be made and presented to him, uas a lasting
monument of his merit and of the gratitude of Vir
ginia."

Benjamin Harrison was elected Governor, Gen
eral Nelson having been forced to resign by broken
health.

The belief that the capture of Cornwallis would
put an end to the war, did not prevent the Legis
lature from keeping the State in readiness for its
continuance. An act was passed for filling up
Virginia's quota of Continental troops by recruits
for two years or the war.1 And another for rais
ing by a tax in kind her quota of the provisions
needed to supply the army.2

Exhausted as Virginia was, she was still the re-

1 Hening, Statutes at Large, x., 499. « Idem, x., 490.

LEGISLATION AFTER THE WAR. 173

liance of General Greene to keep his army in the
field, and she was still required to furnish her
quota of the money needed for the Continental
treasury.1

The determination of the House of Commons, on
February 28, 1782, to put an end to the war, was
hailed in America as the assurance of peace and
independence, and filled the land with joy. Some
indication of the feeling is seen in the following
letter of General Gates to Mr. Henry :

" 10th May 1782.

" DEAR SIR : Peace & Independence are Bless
ings so inestimable, that I cannot forbear Congrat
ulating you thereupon. Now sir, may you exult
with Cicero, ' Cedant Arma Togse,' & so I hope
will all Columbia's Sons. Seven years is long
enough for the Sons of Mars to Ravage. Equal
Law, Equal Liberty, & General Republicanism,
will, I anxiously hope, prevail throughout the
Land. True to Our Allies, they cannot fail to be
true to us. I will not indulge a Thought that they
will ever imitate the bad Policy of George the 3d
and his advisers — Mr R. H. Lee, Mr. Jefferson <fe
the Late Governor, have also my Congratulations
upon this Great Event : The Gratitude I owe to
you, cfe to them induces me to be thus particular — ?
Now the Glorious Opportunity approaches, when
upon the Broad Basis of Civil Liberty, may be es
tablished, the Happiness of the present Generation,
&> their posterity. As I am satisfied no four men
in the U. S. have it more in their Inclination, so do
I wish none may have it more in their power to
serve their Country than yourselves — The want of
Hard Money, which alone is Current, has Nailed

1 MS. Letters of Greene and Robert Morris to the Governor in legislative
papers.

174 PATRICK HENRY.

me to my Farm, ever since my Return to it ; The
paper fell to Nothing while I was in Philadelphia
last May, so I was obliged to borrow to pay my
necessary expences there, <fe but for a good Friend,
I must like Belisarius have begged my way Home
— but I will not Fret at the Storms upon the Pas
sage, since we are at last Anchored in the Harbour
of Independence. With sentiments of the Greatest
Esteem & Regard, I am Dear Sir
" Your affectionate

u Humble Servant

" HORATIO GATES.

"To the Hon. PATRICK HENRY."

In the midst of this universal rejoicing, the Leg
islature met, May 6, 1782. Mr. Henry was in his
seat, but the loss of the Journal from the State ar
chives, prevents the tracing of his connection with
much of the business of the session. Very few acts
of importance were passed, as the body could not
safely legislate either for a state of war or peace ;
for while the war was evidently ended, no peace
negotiations were yet concluded. Among the acts
of the session the most notable was that authorizing
the manumission of slaves,1 a fitting memorial of the
achievement of liberty by their masters. There can
be no doubt that Mr. Henry supported this bill, if
indeed he did not introduce it.

From memorials presented to the Legislature, they
were informed of a movement among some of the
inhabitants of Kentucky, and Washington County,
to erect a separate government for themselves, grow
ing out of their dissatisfaction with the action
of Congress regarding the western territories and

1 Ilening, Statutes at Large, ii., 39.

LEGISLATION AFTER THE WAR, 175

the Mississippi. The movement in Washington
County was led by Colonel Arthur Campbell, who
was also suspected of influencing the Kentuckians.1
These last applied to Congress to authorize their
proceedings.

This produced a report from the Committee of
Propositions and Grievances, of which Mr. Henry
was doubtless a member as during other sessions, de
claring the willingness of Virginia to set off the coun
try on the western waters of the Ohio into a separate
State, so soon as the circumstances of that country
should render it proper. But also declaring that the
movement must be conducted in the constitutional
method, by application to the General Assembly,
and that any attempt to divide the State otherwise
was a high crime, which should be duly punished.2

Kentucky had been divided into the three coun
ties of Lincoln, Fayette, and Jefferson, and a dis
trict court had been organized, which did much
toward establishing order in the settlements. The
population had greatly increased, and during the
year the last great Indian battle was fought at Blue
Licks. It was most disastrous to the Kentuckians,
but was followed by a retaliatory expedition un
der General George Rogers Clark, which put an
end to the formidable Indian invasions from which
they had so much suffered.

The scarcity of specie made it a very serious
matter to raise even the proportion which was re
quired by the tax bill of the preceding session. LTn-
der the lead of Mr. Henry,3 the tax was divided and

1 MS. Papers among the Legislative Records. See also Bland Papers,
283, as to movement.

* MS. Report among Legislative Papers. 3 Bland Papers, ii. , 83.

176 PATRICK HENRY.

one-half made payable by July 1, and the other half
by November I.1

The Legislature at this session, doubtless under
his lead, withdrew their consent to the abandonment
of the claim to the free navigation of the Mississippi,
and also instructed their delegates in Congress upon
the question of the fisheries, and the admission of
Vermont.2

A committee was appointed, consisting of George
Mason, Thomas Jefferson, Arthur Lee, Edmund
Randolph, and Thomas Walker, to collect all docu
ments and proofs necessary for establishing the right
of the State to its western territory, as claimed in
the constitution of 1776. Edmund Randolph pre
pared the report, which was not submitted to the
Legislature till the May session of 1784.3

If there was any ground for the statement, some
times made, that the State of Maryland was un
friendly to Virginia during the Revolution, the de
termination of Virginia to cede her western lands to
the United States, produced an entire change in
the sentiments which prevailed in the councils of
her northern neighbor. On May 23, 1782, her Leg
islature passed an act providing for a fleet of barges
for the defence of Chesapeake Bay, inviting Vir
ginia to unite her marine forces for the purpose, and
appointing the Honorable Robert Hanson Harrison,
chief judge of the General Court, a commissioner to
visit Richmond and consult the Legislature and
Executive of the State, "on the most effectual meas
ures for protecting the trade of the Bay of Chesa
peake and the property of the people inhabiting the

1 Hening, Statutes at Large, ii., 66. 2 Bland Papers, ii., 83.

3 No copy of this report has been found.

LEGISLATION AFTER THE WAR. 177

shores thereof, and that he be directed to assure
the Legislature and Executive of Virginia, that we
consider the interests of the two States as mutual
and inseparable, and sincerely wish to preserve
the strictest union, harmony, and communication of
good offices and correspondence between the Legis
lature and people of our respective governments.*'

Judge Harrison presented this act with a proper
communication on June 1. The Virginia Assembly
replied on June 14, that it "is strongly impressed
with the idea of the common benefit, safety and
happiness that will result from the strictest union
of the two States ; to promote which in the most
effectual manner shall be an object of constant at
tention on the part of Virginia." And it resolved,
" that the Governor be desired to correspond with
the State of Maryland upon the propriety and bene
fit to both States of harmonizing as much as possi
ble in the duties, imports, or customs that are or
may be laid on commerce." *

The correspondence thus commenced developed
into the movement which culminated in the Federal
Convention of 1787.

Mr. Henry did not attend the fall session of the
Legislature, doubtless on account of poor health.

The year 1782 is memorable for the negotiations
for peace conducted at Paris, by commissioners of
England, America, France, and Spain. Seldom, if
ever, have such negotiations been more complicated,
or been conducted with more ability. They were
mainly managed on behalf of England by Richard
Oswald, who was assisted by Alleyne Fitzherbert and
Henry Strachey ; on behalf of the United States by

MSS. among papers of the session.

178 PATRICK HENRY.

Benjamin Franklin, John Jay, and John Adams, to
whom Henry Laurens was added at the last mo
ment ; on behalf of France by Comte de Vergennes ;
and on behalf of Spain by Count D'Aranda. By
the treaty between France and the United States
the possessions of the latter were guaranteed to
them, and the war was to be continued until Eng
land acknowledged their independence ; but by the
secret treaty afterward entered into by France and
Spain the war with England was to be continued
until Gibraltar, or some equivalent, had been ac
quired by Spain. Besides, this grasping power had
been left at liberty to gain what she could of Amer
ican territory, and had accordingly not only taken
Baton Rouge, Natchez, and Mobile, upon which to
"base a claim to the lower Mississippi, but had also
sent an expedition from St. Louis in 1781, which
had seized the English fort St. Joseph, situated
within the present State of Michigan, upon which
she based a claim to the upper Mississippi. The
American commissioners acted under the instructions
of Congress of August 14, 1779, and October 4,
1780, enforced by the reasons given for these in the
letter of October 17, 1780.1 These instructions re
quired them to insist on an acknowledgment of in
dependence by Great Britain as a preliminary arti
cle ; that the boundaries of the United States should
be marked by a line drawn from the northwest an
gle of Nova Scotia, along the highlands, to the north
western head of the Connecticut River, thence along
the middle of that river to the forty-fifth degree of
north latitude, thence due west to the northwestern-
most side of the St. Lawrence, thence straight to

1 See Secret Journal, ii., pp. 225, 323, and 326.

LEGISLATION AFTER THE WAR. 179

the south end of Lake Nepissing, thence straight to
the source of the Mississippi, thence down the mid
dle of that river to the thirty-first degree of north
latitude, thence east to the middle of the Appalachi-
cola, thence along its middle to the Flint, thence to
the head of the St. Mary's Eiver, and down the
same to the Atlantic Ocean ; the eastern boundary
being that ocean and a line along the middle of the
St. John's River from its source to its mouth in the
Bay of Fundy, embracing all islands within twenty
leagues of the coast ; and that the United States
should have the common right to the fisheries on the
coasts of Newfoundland, and the right to the free
navigation of the Mississippi. This boundary on
the north was substantially that of Canada before
the Quebec bill in 1774. By the influence of the
French Minister, Luzerne, Congress, on June 15,
1781, directed its commissioners not to consider the
instructions as to boundaries and fisheries impera
tive, and added a requirement that they should
u make the most candid and confidential communi
cations upon all subjects to the ministers of our
generous ally, the King of France, undertake noth
ing in the negotiations for peace or truce without
their knowledge and concurrence ; and ultimately
govern yourselves by their advice and opinion." 1
Taking advantage of the feeling of gratitude felt
in the United States for the aid extended by
France, the court of our ally had thus obtained
instructions which would enable her to force our
commissioners to accede to the terms she had de
termined to impose in the interest of Spain, to
whom she was bound by her secret treaty.

1 Secret Journal, ii. , 446.

180 PATRICK HENRY.

Negotiations were commenced with Franklin, who
was joined afterward by Jay, whose residence at
Madrid, in the vain effort to effect a treaty with
Spain, had taught him something of the character
of her court ; later Adams came from his success
ful efforts to effect a treaty with the Dutch Re
public; and last came Henry Laurens, from an
English prison. England was the more inclined to
treat for peace, because the signal victory of Rod
ney over De Grasse in the West Indies, on April 1 2,
enabled her to do so with less humiliation, and the
final repulse of the French and Spanish attack upon
Gibraltar, in September, made the French the more
anxious to end the war, already become very burden
some, and at no time glorious. But France was em
barrassed by her treaty obligations to Spain. Fail
ing to get Gibraltar, she yielded to her demand for
an equivalent in America, and by restricting the
western border of the United States, and depriving
them of the fisheries, they both hoped to dwarf a
republican power which they feared would become
dangerous to monarchy, and which they proposed,
with the aid of England, to confine to the east
of the Alleghanies. In the first interview with
D'Aranda after Jay's arrival at Paris, the Spaniard
opened the design to acquire for his government the
Mississippi Valley, and to deprive the United States
of the fisheries. In a subsequent interview with
Reyneval, the Secretary of Vergennes, Jay found that
France was backing Spain in her unwarrantable de
mands. On the next day Reyneval left Paris <on a
secret mission to Lord Shelburne, who had become
Prime Minister of England upon the death of Rock-
ingham. Jay rightly suspected that he went to en-

LEGISLATION AFTER THE WAR. 181

gage the British ministry in the partition of the Mis
sissippi Valley. He at once despatched Benjamin
Vaughan as a special messenger to Shelburne, of
fering to treat separately with the British, and sug
gesting that the true interest of England was not to
cramp the United States for the aggrandizement of
France and Spain. Although England was offered
the territory north of the Ohio, as the price of
aiding Spain to acquire that south of that river
and west of the Alleghanies, Lord Shelburne pre
ferred separating the United States commission
ers from the French ministry in the negotiations.
Amusing Reyneval with a polite answer, he directed
his commissioners to conclude a separate treaty with
the Americans, who upon the discovery of the treach
ery of the French court had determined to disobey
their instructions, and ignore the French in their
negotiations. But during the negotiations which
followed the British claimed the lands between the
Mississippi and the Alleghanies, hoping to gain at
least enough territory to make compensation for the
losses of the Tory refugees.

The American Commissioners were able to meet
and refute the Spanish and British claims to this
coveted territory, by repeating the conclusive argu
ments in favor of the rights of the United States,
stated in the letter of Congress of October 17, 1780 ;
namely, their charter limits, the actual occupation of
the territory by many American settlers, and of that
north of the Ohio by Virginia, with a military and
civil government since the conquest of Clark.1 The
principle of uti possidetis prevailed.

1 Virginia not only rewarded Clark with land, but she gave him a pen
sion iu 1812. See Calendar of State Papers for that year.

182 PATRICK HENRY.

Other and most important questions arose in the
discussions, but by the firmness and intelligence of
the American Commissioners they were happily
solved, and on November 30, 1782, the provisional
articles of peace were signed which became defini
tive in 1783, and which secured to the United
States their independence, with a boundary along
the St. Croix on the east, the lakes on the north,
the Mississippi on the west, and the Floridas on the
south, with the right of fisheries in the waters of
Newfoundland. It was also provided that credi
tors on either side should have the right to collect
their debts, that Congress should recommend to the
States to restore the estates forfeited by the Tories,
and that the slaves and other property captured by
the British should be restored to the owners. Now
that the secret correspondence of the French and
Spanish ministers has come to light, disclosing the
dangers that surrounded the United States in this
negotiation, and that the great advantages secured
in territorial and fishery rights have resulted in the
development of the infant republic into a first-class
power, we can have some just appreciation of the
great work accomplished by our negotiators, and of
the importance of the Northwest expedition sent
out by Governor Henry in 1778, which by securing
the possession of the Northwest, enabled the Amer
ican Commissioners to defend our title to it against
all claimants. Says the historian Fiske :

" On the part of the Americans, the treaty of
1783 was one of the most brilliant triumphs in the
whole history of modern diplomacy. Had the
affair been managed by men of ordinary ability,

LEGISLATION AFTER THE WAR. 183

the greatest results of the Revolutionary War
would probably have been lost ; the new republic
would have been cooped up between the Atlantic
and the Alleghanies ; our westward expansions
would have been impossible without further war
fare ; and the formation of our Federal Union
would doubtless have been effectively hindered or
prevented."

The baffled D'Aranda wrote to his king when
he read the treaty : tl This Federal Republic is
born a pigmy. A day will come when it will
be a giant : even a colossus, formidable to these
countries. Liberty of conscience, the facility for
establishing a new population on immense lands,
as well as the advantage of the new government,
will draw thither farmers and artisans from all
nations." 1

The boundaries agreed on suggested extensions,
and by the acquisition of Louisiana in 1803, of
Florida in 1819, of Texas in 1845, of Oregon in
1846, of California in 1848, and of Alaska in 1867,
millions of acres have been added to the original
area fixed by the treaty.

The signing of the provisional articles of peace
w^as the commencement of a new era in the legisla
tion of the country. Relieved of the responsibilities
of war, the legislative bodies were called upon to
meet the grave questions which peace brought to
the impoverished country. In the solution of these
questions Mr. Henry displayed the same indepen-

1 The history of this treaty has been told by Bancroft in vol. x. of his
History of the United States, and in vol. vii. of The Narrative and Criti
cal History of America, where full reference is made to all the authori
ties.

184 PATRICK HENRY.

dence and breadth of mind which had characterized
his previous course, and which fitted him so well
for leadership. In the four sessions that followed,
during which he served, he was brought in contact
not only with some of the ablest of his former asso
ciates, such as R. H. Lee, Judge Tyler, and James
Madison, but with a number of young men, who
having distinguished themselves in the army, were
now just entering the councils of the State, and
whose talents were of the first order. Among these
were Archibald Stuart, Henry Tazewell, Spencer
Roane, and John Marshall, all afterward distin
guished judges ; William Gray son, the future
United States Senator, and John Breckenridge, the
able Attorney-General of the United States under
Mr. Jefferson.

But whatever might be the individual or com
bined talents of his colleagues, Mr. Henry was
easily the leader, and was looked to by the people
as the man of all others who could successfully
grapple with the grave questions which were now
to determine the future of the State. This is strik
ingly shown in the following able and patriotic let
ter of George Mason to Mr. Henry, between whom
the closest friendship existed, and who almost in
variably agreed in their political views.

" FAIRFAX COUNTY, GUNSTEN HALL,
4 'May 6th 1783.

" DEAR SIR : Altho' it is a long time since I had
the honor of hearing from you, I reflect, and ever
shall reflect, with pleasure on our former acquaint
ance, and the proofs I have experienced of your es
teem and friendship. I have enjoyed but indiffer
ent health since I retired from public business :

LEGISLATION AFTER THE WAR. 185

should I recover a better state of health, and have
just cause to think I can render any essential pub
lic service, I shall return again to the Assembly.

" I congratulate you, most sincerely, on the accom
plishment of what I know was the warmest wish of
your heart, the establishment of American inde
pendence, and the liberty of our country. We are
now to rank among the nations of the World ; but
whether our Independence shall prove a blessing or
a curse, must depend upon our own wisdom or folly,
virtue or wickedness ; Judging of the future from
the past the prospect is not promising. Justice and
virtue are the vital principles of Republican Gov
ernment ; but among us a depravity of manners and
morals prevails, to the destruction of all confidence
between man and man. It greatly behoves the As
sembly to revise several of our laws, and to abolish
all such as are contrary to the fundamental princi
ples of justice; and by a strict adherence to the dis
tinctions between Right and Wrong for the future,
to restore that confidence and reverence in the peo
ple for the Legislature, which has been so greatly
impaired by a contrary conduct ; and without which
our laws can never be much more than a dead let
ter. It is in your power, my dear sir, to do more
good and prevent more mischief than any man in
this state, and I doubt not that you will exert the
great talents with which God has blessed you, in
promoting the public happiness & prosperity.

" We are told that the present Assembly intend to
dissolve themselves, in order to make way for a
General Convention, to new model the constitution
of government. Will such a measure be proper
without a requisition from a majority of the peo
ple ? If it can be done without such requisition, the
caprice of future Assembly s may repeat it, from
time to time, until the stability of the constitution
is totally destroyed, and anarchy introduced in its

186 PATRICK HENRY.

stead. Or at any rate will it not be better to defer
it a year or two, until the present Ferment (occa
sioned by the late sudden change) has subsided, and
men's minds have had time to cool?

u The people in this part of the country are made
very uneasy by the reports we have from below,
that the Assembly will make some laws or resolu
tions, respecting British Debts, which may infringe
the articles of the peace, under the mistaken idea,
that Great Britain will not risque a renewal of the
war on account of such an infraction of the treaty.
We see by the late public papers, that the terms of
the peace wdth America are so strongly censured in
both Houses of parliament, that it has occasioned,
or will occasion, a total change in the ministry. A
new ministry averse to the treaty, or even the min
istry who concluded it, might resent and revenge an
infringement of it in any particular state, by re
prisals upon the ships or coasts of such state, or by
sending two or three Frigates to intercept their
trade, without danger of involving themselves in a
new war ; for the power of wrar and peace, &ncl of
making treaties, being in Congress, and not in the
separate states, any such act would be considered as
an unwarrantable assumption of power in the state
adopting it ; and we have no reason to expect that
either the late belligerent powers in Europe, or even
the American states in general, would make a com
mon cause of it. It is easy to foresee that in such
an event our situation wrould neither be safe, or
honorable.

" Had it been in the power of the American com
missioners ( which it certainly was not) to have abol
ished the British debts here, it would have been but
short sighted policy to have done so. The far
f etch'd arguments which have been used to show the
distinction between this and other wars, would not
have been approved, or comprehended by the bulk

LEGISLATION AFTER THE WAR. 187

of Mankind ; and with what degree of confidence
cou'd foreign merchants have ventured their effects
here, if upon any national Quarrel, they were
liable to confiscation ? I could have wished indeed
that some reasonable time had been allowed for the
payment of British debts, and that the interest on
them had been relinquished. As to the first, the
desire of the British merchants to reinstate them
selves in their trade here will probably prevent
their pressing their debtors ; and as to the last, their
bond Debts only will carry interest. It is notori
ous that the custom of giving interest upon common
accounts was introduced by the partiality of the
merchants, of whom the jurys at the general court
were chiefly composed for several years before the
late revolution. Under our present circumstances,
I think the accounts of British creditors may be
safely trusted to the Virginia jurys, without any in
terposition of the Legislature.

" In conversation upon this subject we sometimes
hear a very absurd question : ' If we are now to
pay the debts due the British merchants, what have
we been fighting for all this while ? ' Surely not
to avoid our just debts, or cheat our creditors ; but
to rescue our country from the oppression &, tyranny
of the British Government, and to secure the rights
and liberty of ourselves, and our posterity ; which
we have happily accomplished. The ministry in
Great Britain, and the torys here, have indeed con
stantly accused us of engaging in the war to avoid
the payment of our debts ; but every honest man
has denied so injurious a charge with indignation.
Upon the whole, we have certainly obtained better
terms of peace than America had cause to expect ;
all the great points are ceded to us ; and I cannot
but think it would be highly dangerous and impru
dent to risque a Breach of it.

" The people here too, are greatly alarmed at a

188 PATRICK HENRY.

prevailing notion that those men who have paid
British debts into the treasury in depreciated paper
money, instead of making up the real value to their
creditors, will now attempt to throw the difference
upon the shoulders of the public, and levy it by
taxes upon the people.

" I should hope that such an iniquitous scheme
will be rejected, with the contempt it deserves. If
it is adopted, it will probably cause some violent
convulsion ; the people being determined, in many
parts of the country, to form associations against it,
and resist the payment of any taxes imposed on
them for discharging the private debts of individu
als.

" I hope the Assembly will, as soon as they meet,
postpone the collection of the taxes (which by an
act of last session were to be paid in this present
month) until August or September. The war being
ended, the delay will occasion no material incon
venience to the public ; and tho7 it will not dimin
ish the Revenue a shilling, it will lessen the taxes
upon the people 100 p'ct. by enabling them to pay
with one half the Tob°, or other produce, which it
would at this time require. If the people are com
pelled to pay immediately, the Merchants taking
advantage of their necessity, will keep down the
price of Tob° in a manner that may effect the mar
ket thro' the whole season ; whereas if the collection
of taxes is postponed, the people will be under no
necessity of selling until the arrival of a great many
ships has increased the demand, and raised the price
of country produce.

" In short, the immediate collection of taxes will
in a great measure deprive the people of the bene
fits of peace this year.

" One of my sons, and one William Allison (who
have in partnership erected a snuff manufactory in
this county) have presented a petition to the As-

LEGISLATION AFTER THE WAR. 189

sembly for laying a duty upon snuff imported from
foreign conn try s. The reason in support of it being
fully stated in their petition, I will not trouble you
with a recapitulation, but I beg the favour of you
to examine the petition, and if you think it just and
reasonable, I flatter myself it will have your sup
port and patronage.

" My son George (who is still in Europe) desires
me to present his most respectful compliments to
you, with his thanks for the testimonial you were
so kind as to give him. under the seal of the Com
monwealth ; it has been of great service in recom
mending him to the notice of many gentlemen of
Rank and fortune. I have lately received a letter
from him, dated in Paris the 20th of February, in
which he gives strong hints of great duplicity in
some articles of European politics ; such as he says
he does not care to venture upon paper that is to
cross the Atlantic ; but shall reserve the communi
cation until he arrives in America ; which he ex
pects will be about the beginning of July ; and
concludes with the following expression : ' I wish
America would put her trust only in God, and
herself, and have as little to do with the politics of
Europe as possible.' He tells me our old friend
Mazzey was then in Paris, and preparing to return
to America.

" I have reason to apologize for this long epistle ;
but I hope your candour will excuse it, and ascribe
it to its true cause, the unfeign'd esteem and regard
with which I am dear sir,

" Your affectionate & obd1 sert.,

" G. MASON.

" HONBLE PATRICK HENRY, ESQ."

This letter was not simply the kind expressions
of a friend, but the estimate of Mr. Henry's power
as a leader which was entertained by friend and

190 PATRICK HENRY.

foe, as is shown in the correspondence of the day.
This is plainly seen in the letters of Mr. Madison
and Mr. Jefferson, published in their works.

At the May session, 1783, Mr. Henry was present
at the organization of the House, and was made
chairman of the committee on Propositions and
Grievances, and a member of the committees on
Privileges and Elections, Religion, and Courts of
Justice. His name does not appear on the Journal
after June 13, although there are several recorded
votes afterward. As no leave of absence was asked
for him during the subsequent fifteen days of the
session, it is quite certain he was detained from his
seat by indisposition. At the October session, 1783,
he did not appear in his seat till the 14th, seven
days after the House met. He was subsequently
added to the committees on Privileges and Elec
tions, Propositions and Grievances, Claims, and
Commerce. He seems to have left his seat on De
cember 13, and not to have returned to it during
the nine remaining days of the session. At the
spring session, 1784, he appeared on May 15, eleven
days after the House organized, and served the rest
of the session. On taking his seat he was added to
the committees on Religion, Privileges and Elec
tions, Propositions and Grievances, and Courts of
Justice. He was in his seat on the first day of the
October session, 1784, and was made chairman of
the Committee on Privileges and Elections, and a
member of the Committees on Religion, Propositions
and Grievances, and Commerce. He was elected
Governor on November 17, for the term commenc
ing the 30th.

At the May session, 1783, Mr. Henry put in

LEGISLATION AFTER THE WAR. 191

nomination for the Speakership John Tyler, who
was elected over Richard Henry Lee. Mr. Henry
was the devoted friend of Judge Tyler, but his
nomination against Lee was an indication that the
strong friendship between Henry and Lee had been
somewhat strained by the different views they had
maintained in the House on some of the important
questions of the times. The biographer of Colonel
Lee has stated that this difference commenced upon
the financial policy of the State, more particularly
regarding the legal tender acts, which Colonel Lee
opposed.

On the first day of the session, Mr. Henry moved
the repeal of the act prohibiting the importation of
British goods,1 and carried it against a strong op
position, embracing his friend whom he had just
made speaker, and who gave Mr. Wirt the follow
ing account of what occurred :

" Mr. Henry espoused the measure which took
off the restraints on British commerce, before any
treaty was entered into ; in which I opposed him on
this ground, that that measure would expel from
this country the trade of every other nation, on ac
count of our habits, language, and the manner of
conducting business on credit between us and them ;
also on this ground, in addition to the above, that
if we changed the then current of commerce, we
should drive away all competition, and never per
haps regain it (which has literally happened). In
reply to these observations, he was beyond all ex
pression eloquent and sublime. After painting the
distress of the people, struggling through a perilous
war, cut off from commerce so long that they were

1 Journal, 586 ; Hening, Statutes at Large, ii., 195.

192 PATRICK HENRY.

naked and unclothed, he concluded with a figure, or
rather with a series of figures, which I shall never
forget, because, beautiful as they were in them
selves, their effect was heightened beyond all de
scription, by the manner in which he acted what he
spoke : — i Why,' said he, ' should we fetter com
merce ? If a man is in chains, he droops and bows
to the earth, for his spirits are broken (looking
sorrowfully at his feet) ; but let him twist the
fetters from his legs, and he will stand erect ; '-
straightening himself, and assuming a look of proud
defiance. — * Fetter not commerce, sir — let her be as
free as the air — she will range the whole creation,
and return on the wings of the four winds of
heaven, to bless the land with plenty." i

A kindred measure to this was afterward intro
duced by Mr. Henry, but owing to the great oppo
sition manifested, or his indisposition, it was not
taken up in Committee of the Whole till the fall
session, 'when it was carried. This was the repeal
of the act which had excluded the Tories from the
rights of citizenship, and granting them permission
to return to the State.2 We have Judge Tyler's ac
count of this motion also, in his letter to Mr. Wirt;3
He relates that the deep-rooted prejudice existing
against this proscribed class caused violent opposi
tion, and apparently insuperable repugnance, at first,
and Mr. Henry's proposal excited the strongest sur
prise. Judge Tyler himself opposed it in the Com
mittee of the Whole with great warmth. In the
course of the discussion he turned from the chair
man, and addressed Mr. Henry with the inquiry,

1 Wirt's Henry, 254-5.

9 Journal, 22, 76 ; Hening, Statutes at Large, ii., 324.

3 Wirt's Patrick Henry, edition 1836, p. 250.

LEGISLATION AFTER THE WAR. 193

" how lie, above all other men, could think of invit
ing into his family an enemy from whose insults
and injuries he had suffered so severely ? " To this
Mr. Henry answered, that,

" The personal feeling of a politician ought not to
be permitted to enter those walls. The question
(he said) was a national one, and in deciding it, if
they acted wisely, nothing would be regarded but
the interest of the nation. On the altar of his
country's good he was willing to sacrifice all per
sonal resentments, all private wrongs — and he flat
tered himself that he was not the only man in the
House who was capable of making such a sacrifice.
We have, sir (said he), an extensive country, without
population — what can be more obvious policy than
that this country ought to be populated ? People,
sir, form the strength and constitute the wealth of
a nation. I want to see our vast forest filled up by
some process a little more speedy than the ordinary
course of nature. I wish to see these states rapidly
ascending to the rank which their natural advan
tages authorize them to hold among the nations of
the earth. Cast your eye, sir, over this extensive
country — observe the salubrity of your climate, the
variety and fertility of your soil — and see that soil
intersected in every quarter by bold, navigable
streams, flowing to the east and to the west as if
the finger of heaven were marking out the course of
your settlements, inviting you to enterprise, and
pointing the way to wealth. Sir, you are destined,
at some time or other, to become a great agricul
tural and commercial people ; the only question is,
whether you choose to reach this point by slow
gradations, and at some distant period — lingering
on through a long and sickly minority — subjected,
meanwhile, to machinations, insults, and oppressions

194 PATRICK HENRY.

of enemies, foreign and domestic, without sufficient
strength to resist and chastise them — or whether
you choose rather to rush at once, as it were, to the
full enjoyment of those high destinies, and be able
to cope, single-handed, with the proudest oppressors
of the old world. If you prefer the latter course,
as I trust you do, encourage emigration — encourage
the husbandmen, the mechanics, the merchants of
the old world, to come and settle in this land of
promise — make it the home of the skilful, the in
dustrious, the fortunate, the happy, as well as the
asylum of the distressed — fill up the measure of
your population as speedily as you can, by the
means which heaven has placed in your hands — and
I venture to prophesy there are those now living
who will see this favored land among the most
powerful on earth — able, sir, to take care of herself,
without resorting to that policy which is always so
dangerous, though sometimes unavoidable, of call
ing in foreign aid. Yes, sir, they will see her great
in arts and in arms — her golden harvests waving
over fields of immeasurable extent — her commerce
penetrating the most distant seas, and her cannon
silencing the vain boasts of those who now proudly
affect to rule the waves. But, sir, you must have
men — you cannot get along without them — those
heavy forests of valuable timber, under which your
lands are groaning, must be cleared away — those
vast riches which cover the face of your soil, as
well as those which lie hid in its bosom, are to
be developed and gathered only by the skill and
enterprise of men — your timber, sir, must be
worked up into ships to transport the produc
tions of the soil from which it has been cleared
—then you must have commercial men and com
mercial capital to take ofE your productions, and
find the best markets for them abroad — your great
want, sir, is the want of men; and these you

LEGISLATION AFTER THE WAR. 195

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 popula
tion 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 wistful and long
ing eye — they see here a land blessed with natural
and political advantages which are not equalled by
those of any other country upon earth — a land on
which Providence hath emptied the horn of abun
dance — a land over which peace hath now stretched
forth her white wings, and where content and
plenty lie down at every door ! Sir, they see some
thing more attractive than all this — they see a land in
which liberty hath taken up her abode — that liberty,
whom they had considered as a fabled goddess exist
ing only in the fancies of poets — they see her here
a real divinity — her altars rising on every hand
throughout these happy states — her glories chanted
by three millions of tongues — and the whole region
smiling under her blessed influence. Sir, let but this,
our celestial goddess, Liberty, stretch forth her fair
hand toward the people of the old world — tell them
to come, and bid them welcome — and you will see
them pouring in from the north, from the south,
from the east, and from the west — your wildernesses
will be cleared and settled — your deserts will smile
— your ranks will be filled, and you will soon be in
a condition to defy the powers of any adversary.

" 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 re
turn of those deluded people — they have to be sure
mistaken their own interests most wofully, and
most wofully have they suffered the punishment

196 PATRICK HENRY.

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 inde
pendence — the quarrel is over — peace hath returned
and found us a free people. Let us have the mag
nanimity, sir, to lay aside our antipathies and preju
dices, 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
oiar feet, now be afraid of his whelps ? " 1 ' 7

In reading these and other descriptions of Mr.
Henry's speeches by his contemporaries, one is
struck with the similarity of his style to that of
Chatham and Mirabeau, as described by Macaulay.
Says this brilliant writer:

" Sudden bursts, which seemed to be the effect of
inspiration ; short sentences, which came like light
ning — dazzling, burning, striking down everything
before them ; sentences which, spoken at critical mo
ments, decided the fate of great questions ; sentences
which everybody still knows by heart — in these,
chiefly, lay the oratorical powers of both Chatham
and Mirabeau."

1 Wirt's Henry, 250-4. Mr. Wirt states that Chancellor Wythe used
to quote this figure to his law class at William and Mary.

CHAPTER XXXI.

LEGISLATION.— 1783-4.

Mr. Henry Advocates Internal Improvements and Educational Insti
tutions.— Hampden Sydney College Chartered. — Spread of
French Infidelity Dreaded by Mr. Henry. — Decay of Religion.
— Scheme to Support Religious Teachers by Taxation, and to
Incorporate Churches. — Attitude of the Baptist and Presby
terian Churches.— Fate of the Measures.— Mr. Jefferson's
Bill Establishing Religious Freedom Passed. — It Carries out
the Bill of Rights. — Reminiscences of Mr. Henry as a Member
of the Legislature. — His Humor. — Embarrassments to the Com
merce of the State. — Relations to the Indians. — Bill to Encour
age Intermarriages with Whites Offered by Mr. Henry. — His
Position as to the Northwestern Land. — Is for Strengthening
the Power of Congress over Commerce, and in the Matter of
Requisitions.

ANOTHER most important matter to which Mr.
Henry turned his attention, and in which he was
the pioneer after the Revolution, was the improve
ment of the waterways of the State. At this ses
sion he introduced and carried through a bill " for
clearing Roanoke River," which looked to the im
provement of its navigation from the falls, near the
town of Weldon, to the heads of its tributaries, the
Staunton and Dan.1 Among the incorporated trus
tees his name appears first. This developed into
the " Roanoke Navigation Company," which after
ward cut a canal around the falls, and furnished an
outlet for the country contiguous to the Roanoke
and its tributaries, till the introduction of railroads.

1 Journal, 8 ; Hening, ii., 250.

198 PATRICK HENRY.

He was also on the committee that introduced a
bill, which was not then acted upon, but was
brought forward by him again and passed at the
next session, " for cutting a navigable canal from
the waters of the Elizabeth River to the waters of
Albemarle Sound." 1 This became the Dismal
Swamp Canal.

The vital subject of education also engaged his
attention. At the May session, 1780, he had served
on a committee, of which Richard Henry Lee was
chairman, that was directed to bring in a bill " for
the more general diffusion of knowledge." 2 It is
very certain that they had before them the bill
drawn by Mr. Jefferson, and reported in 1779 by
the revisers, which bears that title. But the time
had not come for putting in operation an expensive
system of free schools. Indeed, the State was too
exhausted financially to attempt any support of
common schools. The matter was therefore post
poned, and instead Mr. Henry gave every encour
agement to schools of higher learning. At the May
session, 1783, he was on the committees that re
ported charters for an Academy in Northampton
County,3 and for Hampden Sydney College, in
Prince Edward County.4 This last committee was
composed of the gallant General Lawson, of that
county, Messrs. Henry, Richard Henry Lee, Gar
land Anderson, and Bar tie tt Anderson. Among
the trustees Mr. Henry's name appears second, and
next to that of the president of the College, Rev
erend John Blair Smith, a distinguished Presbyte
rian divine. It was the development of a Presby-

1 Journal, 29; Hening, ii., 332 ; Journal of October, 1783, 57.

3 Journal, 14. 3 Idem, 43. 4 Idem, 12 ; Hening, ii., 272.

LEGISLATION. 199

terian academy, of which Mr. Henry was one of the
trustees, and which for nine years had been educat
ing the youth of that section of the State, not only
in secular learning, but in the distinctive principles
of the Protestant faith. Its incorporation as a col
lege was the commencement of an enlarged and
most beneficial career upon which it has continued
ever since. It was with an interest which it is dif
ficult to appreciate now, that Mr. Henry extended
his fostering care over this, the second college in the
State. The venerable William and Mary, the col
lege of the colony, had become sadly perverted
from the pious design of its founders, and was
under infidel influences. French infidelity was, in
fact, permeating the State. Says Bishop Meade,
in his " History of the Old Churches and Families
of Virginia " : 1

" The intimacy produced between infidel France
and our country, by the union of our arms against
the common foe, was most baneful in its influence
with our citizens generally, and on none more than
those of Virginia. The grain of mustard seed which
was planted at Williarnsburg, about the middle of
the century, had taken root there and sprung up and
spread its branches over the whole state — the stock
still enlarging and strengthening itself there, and
the roots shooting deeper into the soil. At the end
of the century the college of William and Mary was
regarded as the hot bed of infidelity and of the wild
politics of France."

Hampden Sydney, with its sister in the valley,
Liberty Hall Academy, afterward Washington Col
lege, sent forth the men who stemmed this tide un-

1 Vol. i., 175.

200 PATRICK HENRY.

til it was forced to recede in the earlier part of the
next century.1 Mr. Henry, who was deeply pious,
and who realized as few men did the danger to the
republican institutions of his country from the un
dermining influence of French infidelity, set himself
to counteracting its baneful influence by every
means in his power. This fact will prove to be a
key to much of his subsequent political course.

The Academy of Hampden Sydney had been con
spicuously patriotic. When Governor Henry had
called for men to defend the capital, the students
had marched with the Reverend Mr. Smith, their
tutor, at their head ; when General Greene crossed
the Dan, and needed recruits, Mr. Smith again volun
teered, and some of the students became members of
Lee's legion.2 During the invasion of Cornwallis the
Academy was closed, and all united in driving the
enemy from the State.3 It was entirely in harmony
with its history, therefore, that the committee who
drafted its charter embodied in it a requirement that
it should forever teach the principles of the Ameri
can Revolution. The provision was probably from
the pen of Mr. Henry, and is in these words :

" And that in order to preserve in the minds of
the students, that sacred love and attachment which
they should ever bear to the principles of the pres
ent glorious revolution, the greatest care and cau
tion shall be used in electing such professors and
masters, to the end that no person shall be so elected
unless the uniform tenor of his conduct manifests to

1 Princeton, which educated many Virginians, is also entitled to great
honor in this regard.

2 Among these was Colonel Clement Carrington, of Charlotte, who great
ly distinguished himself. 3 Foote's Sketches of Virginia, 411-12.

LEGISLATION. 201

the world his sincere affection for the liberty and in
dependence of the United States of America."

With the same patriotic purpose Mr. Henry in
troduced at the next session a bill " to empower the
Governor to give annually, honorary rewards for
the best literary performances at the several public
schools and colleges within this commonwealth on
the subject of the late revolution." 1

At the May session, Transylvania Seminary, in
Kentucky, was incorporated, Colonel William Chris
tian being one of the trustees.2 To this school eight
thousand acres of escheated lands had been given at
the May session, 1780.

The desire to educate the people in sound morals,
as well as in secular learning, gave rise at this time
to one of the most memorable struggles in the his
tory of the State, It grew out of the effort to pass
an act to support religious teachers by taxation. It
will be remembered that in 1776, on suspending the
tax for the support of the ministers of the Episco
pal Church, the Legislature invited an expression
of the public opinion on the question of a general
assessment for the support of religion. Hanover
Presbytery at its meeting, April 25, 1777, sent
up a memorial against it.3 At their October
session, 1778, the Baptist General Association also
memorialized the Legislature against it.4 At the
May session, 1779, the bill for establishing religious
freedom, drawn by Mr. Jefferson, with provisions
attached for a general assessment, putting all de-

1 Journal, 35. 2 Hening, ii. , 282.

3 Foote's Sketches of Virginia, 326.

4 Semple's History of the Baptists, 64.

202 PATRICK HENRY.

nominations on the same footing, was proposed, and
passed two readings in the House. Its progress was
then arrested, and a further expression of public
opinion invited.1 At the next session the act for the
support of the Episcopal clergy, which had been sus
pended from year to year since 1776, was repealed.2
The Baptist Association, at its October session, 1779,
urged the Legislature to pass Mr. Jefferson's bill.
Their memorial was presented at the November ses
sion of the House, together with a memorial to the
same effect, from Amherst County, signed by Episco
palians, Presbyterians, Baptists, and Methodists.3
The Baptists also presented memorials asking that
the Episcopal Church be stripped of the remnant of
its exclusive privileges. Hanover Presbytery, in
April, 1780, again addressed the Assembly, urging
that they abstain from interfering in the government
of the Church;4 and at its meeting, May 10, 1784,
the Presbytery also memorialized the Assembly, ask
ing that the exclusive privileges enjoyed by the Epis
copal Church be done away with. On the other
hand, the Legislature was plied with memorials from
Episcopalians, urging an assessment for the support
of religion, and the passage of an act incorporating
the Episcopal Church.5 Some of them also dis
tinctly opposed the passage of Mr. Jefferson's bill.

In the meantime the decay of religion and mo
rality was so apparent, that thinking men, who had
planned republican government on the basis of the
virtue of the people, became greatly alarmed. The
letter of George Mason of May 6, 1783, gives evi-

1 Foote's Sketches of Virginia, 330. 2 Hening, x., 197.

3 Meade's Old Churches, ii., 444. 4 Foote's Sketches, 332.

6 Meade's Old Churches, ii., 444.

LEGISLATION. 203

dence of this, and there is abundant evidence from
other sources. Bishop Meade states that, "At the
commencement of the Revolution, Virginia had
ninety-one clergymen, officiating in one hundred and
sixty-four churches and chapels ; at its close, only
twenty-eight ministers were found laboring in the
less desolate parishes of the State." 1 Dr. William
Hill, a Presbyterian clergyman, then a student at
Hampden Sydney, whose reminiscences of his times
are quoted by Foote in his sketches of the Presby
terian church in Virginia, says : " The demoralizing
effects of the war left religion and the church in a
most deplorable condition. The Sabbath had been
almost forgotten, and public morals sadly deterio
rated." 2 Seinple, in his " History of the Baptist
Church in Virginia," bears testimony to the same
effect. He says,3 " With some few exceptions, the
declension (of religion) was general throughout the
State. Iniquity greatly abounded."

The support of religious teachers by the volun
tary contributions of the people, when those people
were impoverished and demoralized by the late war,
seemed destined to be a failure, and the pious pat
riotism of Mr. Henry shuddered for the event. At
the May session, 1784, the subject was brought to
the attention of the House by memorials from the
Baptist Association and Hanover Presbytery, pray
ing that the Episcopal Church, still clinging to
some remnants of the establishment, be put upon
the same footing as the other denominations.4 The
subjects most complained of were, the retention of
the glebe lands, unnecessary restrictions on other

' Meade's Old Churches, i., 17. 2 Foote's Sketches, 412.

3 Semple's History of Baptists, 36. 4 Journal, 20-21.

204 PATRICK HENRY.

ministers celebrating marriages, and requiring mem
bers of vestries to be Episcopalians. On the other
hand, the Episcopal Church petitioned for further
security for their glebe lands and other property,
and for an act of incorporation, " to enable them to
regulate all spiritual concerns of the Church, alter
its form of worship, and constitute such canons, by
laws and rules for government and good order
thereof, as are suited to their religious principles ;
and in general, that the Legislature will aid and
patronize the Christian religion." This was rein
forced by a petition from some of the citizens of
Powhatan County, setting forth that " they are of
opinion a reasonable and moderate contribution of
the people for the support of ministers of the Gos
pel and the Christian religion in the public worship
of God, is essential to the good and prosperity of
the commonwealth." * The papers from the churches
were all reported on by the Committee for Keligion,
and their prayers declared to be reasonable.2 That
committee was directed to bring in bills pursuant
thereto. A bill for the incorporation of the Episco
pal Church was reported, but after being debated
two days in Committee of the Whole, was postponed
till the ensuing session. Mr. Madison, in writing
about the proposal, said : " Extraordinary as such
a project was, it was preserved from a dishonorable
death by the talents of Mr. Henry." 3 As to the
proposal for an assessment, he wrote : " The friends
of the measure did not choose to try their strength
in the House." 4 At the November session fol
lowing, the questions of the incorporation of the

1 Journal, 36. 2 Idem, 43.

3 Rives's Madison, i., 562. 4 Idem, i., 561.

LEGISLATION. 205

churches, and of a general assessment for the sup
port of religion, again came up for discussion, but
under very different circumstances. The subject of
assessment was introduced by a petition from Isle
of Wight County, urging the necessity of such a
measure; and by a memorial of Hanover Presby
tery, adopted at its October session, 1784, consent
ing to what they deemed inevitable. The apparent
change of position of this venerable body excited
great surprise. They still insisted that " religion as
a spiritual system, and its ministers in a professional
capacity, ought not to be under the direction of the
State." They claimed, however, that "it is abso
lutely necessary to the existence and welfare of
every political combination of men in society, to
have the support of religion and its solemn institu
tions." On this account they concluded that the
State might take steps to " preserve the public wor
ship of the Deity, and support institutions for in
culcating the great fundamental principles of all
religion." They pray that any assessment which
might be ordered should be " on the most liberal
plan." 1 The Baptist Associations, although again
petitioning against the marriage and vestry laws,
were silent as to church incorporations or assess
ments.2 Concerning the assessment Mr. Madison
wrote to Mr. Jefferson : " Many petitions from be
low the Blue Ridge had prayed for such a law ; and
though several from the Presbyterian laity beyond
it were in a contrary stile, the clergy of that sect
favored it. The other sects seemed to be passive." 3

1 Foote'a Sketches, 336-37.

2 Journal, 18; Sample's History of Baptists, 70.

3 Letter of January, 1785, Madison's Works, i., 130.

206 PATRICK HENRY.

In this condition of affairs, the friends of legisla
tion for the Church felt that they could safely urge
their measures, and that they would be supported
by the people. On November 11, the Committee
of the Whole reported in favor of "a moderate as
sessment for the support of the Christian religion ; "
and the report was agreed to by a recorded vote of
47 to 32. Mr. Henry was chairman of the commit
tee to draft the bill. On the 17th, the Committee
of the Whole reported in favor of the Presbyte
rian and Baptist memorials on the subjects of mar
riages and vestries, and also "that acts ought to
pass for the incorporation of all societies of the
Christian religion which may apply for the same."
This last was agreed to by a recorded vote of 62 to
23, and Mr. Henry was one of the committee or
dered to bring in a bill " to incorporate the clergy
of the Protestant Episcopal Church." l

Mr. Henry left the body to remove his family to
the capital, and enter upon the office of Governor,
before either of these bills were reported, but it is
quite certain that he approved of them. The bill
of incorporation was freed from some of the most
objectionable features of the measure as first pro
posed. It was not for the incorporation of the
clergy of the Episcopal church, as distinct from the
laity, but of " the Protestant Episcopal Church,"
embracing both clergy and laity. Although Mr.
Madison voted against the resolution of the Com
mittee of the Whole on the subject, he voted for the
bill reported.2

The bill for a general assessment was also stripped
of nearly every objectionable feature, and was as

1 Journal, 27. 2 Idem, 79 ; See Act, Hening, ii., 532.

LEGISLATION. 207

perfect as such a measure could well be. It pro
posed a small tax on all taxable property for the
support of teachers of the Christian religion, each
taxpayer to name the society to which he wished
his tax dedicated, and in case of refusal to do so,
the tax to be applied to the maintenance of a school
in the county.1

This was in effect a tax for the support of secular
education, with the privilege to each taxpayer of
devoting his tax to the support of the religious
teachers of his own denomination. Mr. Madison
led the opposition to it, and counted largely on Mr.
Henry's absence for its defeat. He wrote, Novem
ber 27th, "Mr. Henry, the father of the scheme, is
gone up to his seat for his family, and will no more
sit in the House of Delegates — a circumstance very
inauspicious to his offspring." 2 Notwithstanding
the absence of " the father of the scheme," its op
ponents found themselves in the minority, and the
bill was ordered to its third reading on December
23. On the next day, however, Mr. Madison pro
posed and carried a resolution to postpone its fur
ther consideration till the next session, with a re
quest that the people then signify their opinion on
the subject.3 The question thus submitted to the
people soon aroused intense interest throughout the
State. Memorials for and against the bill were ac
tively circulated for signatures. The one drafted by
Mr. Madison for its opponents was a masterly dis
cussion of the subject, and presented with great
force the argument for entire separation of Church
and State, based upon the principle introduced into

1 Rives's Madison, i., 610 ; Madison's Works, i., 130.

2 Rives's Madison, i. , 606. 3 Journal, 82.

208 PATRICK HENRY.

the Bill of Eights by Mr. Henry himself. At first
Mr. Madison was greatly incensed with the Presby
terian clergy for the memorial of Hanover Pres
bytery of October, 1784, in which he declared
they had misrepresented the laity of that church.1
But the Presbyterian clergy soon regained their old
attitude upon the subject. At the meeting of Pres
bytery in May, 1785, the body unanimously disap
proved of " any kind of assessment for the support
of religion." 2 They also called a convention of the
church which met August 10, and adopted a
strong memorial to the Legislature opposing the
proposed bill, and asking that Mr. Jefferson's bill,
reported in 1779, be adopted.3 The general com
mittee of the Baptist churches met during the same
month, and also ordered a memorial against the bill.4
But so much more numerous were the Presbyterians
in the State, that the opposition to the measure be
came known as a Presbyterian movement. Edmund
Randolph wrote to Arthur Lee, September 24, 1785,
concerning the approaching session : " Religion will
form a capital figure in the debates of the next As
sembly. The Presbyterians will have a sufficient
force to prevent the general assessment, possibly to
repeal the act of incorporation. The delegates from
those counties in which the majority is of that per
suasion are expected with full and pointed instruc
tions on both heads." 5

At the fall meeting of the Legislature, which
now entered upon annual sessions, the table of the
clerk was covered with memorials for and against

1 Letter to Monroe, Madison's Works, i., 144.

2 Foote's Sketches, 341. 3"ldem, 342-44. 4Idem, 344.
5 Con way's Edmund Randolph, 163.

LEGISLATION. 209

the proposed bill. But so great was the prepon
derance against the measure, that the contest was

O '

yielded without further struggle. The greater part
of the opposition, as we learn from Mr. Madison's
correspondence, was from " the middle and back
counties, particularly the latter." * These con
tained the bulk of the Scotch-Irish Presbyterian
population. In addition to the Presbyterians and
Baptists, there were some of the Episcopalians who
opposed the scheme of an assessment, but the ad
vocates of the measure were drawn almost ex
clusively from that church.

The Legislature of 1785 did not stop with the
defeat of the assessment bill. It took up and
passed Mr. Jefferson's bill " for the establishment
of religious freedom," which had been reported by
the revisers in 1779. This had been a subject of
contention since its publication. The Baptist Gen
eral Association at its next meeting in October,
1779, expressed their hearty approval of it,2 and we
have seen that the Presbyterians in convention in
1785 urged its passage. Various memorials for and
against this bill had been presented to the Legisla
ture from time to time, and the bitterness with
which it was attacked may be seen in a memorial
from Essex County, presented October 22, 1779, in
which it is denounced as a " diabolical scheme." 3
Since its passage it has been recognized by all as
the just expression of the absolute divorce which
should ever exist between Church and State. But
it is nothing more than an exposition of the princi
ple inserted by Mr. Henry into the Bill of Eights,

1 Madison's Works, i., 155. - Sample's History of Baptists, 65.

3 MS. Memorial in State Archives.

i j

210 PATRICK HENRY.

that religion is a matter to be determined by every
man's conscience in accordance with his convictions.
This is expressly stated by the Legislature of 1799,
which in repealing all acts deemed inconsistent with
this principle, declared that the Bill of Rights, by
referring religion to conscience, had taken it from
under civil control, and that Mr. Jefferson's bill
was a true exposition of its principle in that re
gard.1 That bill, after a long preamble in Mr.
Jefferson's peculiar style, containing an argument
for religious liberty, is as follows :

" No man shall be compelled to frequent or sup
port any religious worship or ministry whatsoever,
nor shall be enforced, restrained, molested, or bur-
thened in his body or goods, nor shall otherwise
suffer on account of his religious opinions, or belief ;
but that all men shall be free to profess, and by
argument to maintain, their opinions in matters of
religion, and that the same shall in nowise dimin
ish, enlarge, or affect, their civil capacities.'7

The efforts of the Episcopal Church to entrench
itself behind the civil power, hastened the loss of
all its peculiar privileges. At the session of 1786,
the act of incorporation of 1784 was repealed, in
accordance with the earnest petitions of the Presby
terian and Baptist population. In 1799 all other
acts were repealed which were deemed inconsistent
with the Bill of Rights as defined by Mr. Jeffer
son's bill, and in 1802 the glebe lands were taken
away and applied to public uses. One result of
the struggle of 1784-85, was to carry the doctrine
,of separation between Church and State to such

1 See Revised Code of 1819, vol. i., p. 78.

LEGISLATION. 211

an extreme, in Virginia, as to deny that protection
to property devoted to religious uses which was ac
corded to property devoted to secular purposes.
Thus it was many years before a theological sem
inary could obtain an act of incorporation, and it
has only been within the last few years that re
ligious charities have been enforced by Virginia
courts, as they have been in nearly every other
State in the Union.1

But the discussion had another, and most bene
ficial effect. It made the friends of religion rally
to its support on the voluntary principle, and the
Church has been self-sustaining and steady in its
growth ever since. The separation of Church and
State, and the voluntary support of the Church by
its own members, have proved the greatest of bless
ings to the Church as well as to the State. The
Episcopal Church itself has flourished as never be
fore, and would not now return to the old system.
, Mr. Henry's advocacy of the assessment bill, and
the incorporation act, has been considered a blunder.
But his views were approved by Washington, Rich
ard Henry Lee, John Marshall, and Henry Tazewell,2
and whatever may have been his error, it was on vir
tue's side. His design was to support Christianity
against French infidelity. Doubtless much of the
opposition to the assessment bill came from the pov
erty of the people, and the difficulty they experi
enced in paying the taxes necessary for the support
of government, and the payment of the public debt
incurred during the war. In this distress Mr. Henry
keenly sympathized, and under his leadership sev-

1 Vide the case of Episcopal Educational Society vs. Churchman, Eigh
tieth Virginia Reports. 2 Rives' s Madison, vol. i., p. 602.

212 PATRICK HENRY.

eral bills were passed, during 1783 and 1784, for
temporarily postponing the collection of taxes.

We have the following graphic account of one of
his triumphs in opposing an increase of taxation,
from the pen of Judge Archibald Stuart, in a let
ter to Mr. Wirt :

" At your request, I attempt a narrative of the ex
traordinary effects of Mr. Henry's eloquence in the
Virginia legislature, about the year 1784, when I
was present as a member of that body.

" The finances of the country had been much de
ranged during the war, and public credit was at a
low ebb ; a party in the legislature thought it then
high time to place the character and credit of the
state on a more respectable footing by laying taxes
commensurate with all the public demands.

" With this view, a bill had been brought into the
house, and referred to a committee of the whole, in
support of which the then speaker (Mr. Tyler),
Henry Tazewell, Mann Page, William Ronald, and
many other members of great respectability (in
cluding, to the best of my recollection, Richard H.
Lee, and perhaps Mr. Madison), took an active
part. Mr. Henry, on the other hand, was of opin
ion that this was a premature attempt ; that policy
required that the people should have some repose
after the fatigues and privations to which they had
been subjected, during a long and arduous struggle
for independence.

"The advocates of the bill, in committee of the
whole house, used their utmost efforts, and were
successful in conforming it to their views, by such a
majority (say thirty) as seemed to ensure its passage.
When the committee rose, the bill was instantly re
ported to the house, when Mr. Henry, who had
been excited and roused by his recent defeat, came

LEGISLATION. 213

forward again in all the majesty of his power. For
some time after he commenced speaking the counte
nances of his opponents indicated no apprehension
of danger to their cause. The feelings of Mr. Tyler,
which were sometimes warm, could not on that oc
casion be concealed, even in the chair. His counte
nance was forbidding, even repulsive, and his face
turned from the speaker. Mr. Tazewell was read
ing a pamphlet ; and Mr. Page was more than
usually grave. After some time, however, it was
discovered that Mr. Tyler's countenance gradually
began to relax ; he would occasionally look at Mr.
Henry ; sometimes smile ; his attention by degrees
became more fixed ; at length it became completely
so : — he next appeared to be in good humour ; he
leaned towards Mr. Henry — appeared charmed and
delighted, and finally lost in wonder and amaze
ment. The progress of these feelings was legible
in his countenance.

" Mr. Henry drew a most affecting picture of the
state of poverty and suffering in which the people
of the upper counties had been left by the war.
His delineations of their wants and wretchedness
was so minute, so full of feeling, and withal so true,

O ' 7

that he could scarcely fail to enlist on his side every
sympathetic mind. He contrasted the severe toil
by which they had to gain their daily subsistence,
with the facilities enjoyed by the people of the
lower counties. The latter, he said, residing on
the salt rivers and creeks, could draw their supplies
at pleasure from the waters that flowed by their
doors ; and then he presented such a ludicrous im
age of the members who had advocated the bill
(the most of whom were from the lower counties),
peeping and peering along the shores of the creeks,
to pick up their mess of crabs, or paddling off to the
oyster rocks to rake for their daily bread, as filled
the house with a roar of merriment. Mr. Tazewell

214 PATRICK HENRY.

laid down his pamphlet and shook his sides with
laughter ; even the gravity of Mr. Page was af
fected ; a corresponding change of countenance pre
vailed through the ranks of the advocates of the
bill, and you might discover that they had surren
dered their cause. In this they were not disap
pointed ; for on a division, Mr. Henry had a major
ity of upwards of thirty against the bill." l

Doubtless this was one of the occasions referred
to by Judge Tyler in his letter to Mr. Wirt, in
which he said of Mr. Henry :

"I have seen him reply to Page, H. Tazewell,
R. H. Lee, and others with such a volume of wit and
humour that the house would be in an uproar of
laughter, and even set his opponents altogether in a
perfect convulsion. But this talent he not often in
dulged, deeming it beneath a statesman." 2

This gift of humor is often referred to by Mr.
Henry's contemporaries, and it must have consti
tuted him one of the most charming of companions,
as his wit was of that character which leaves no
sting. The following anecdote presents a speci
men of his good-natured pleasantry. During one
of the sessions of the Legislature, he and R. H.
Lee were of a party who spent a night at the home
of Mr. Edmund Randolph, near Richmond. Col
onel Lee, who was a brilliant conversationalist, en
tertained the company to a very late hour, descant
ing on the genius of Cervantes, especially as it was
displayed in " Don Quixote." Finally the company
began to yawn, but Colonel Lee did not observe it

1 Witt's Life of Henry, 271.

2 MS. letter written when Mr. Wirt was writing his Life of Henry.

LEGISLATION. 215

and continued his remarks. Mr. Henry took in the
situation, and rising slowly from his chair, walked
across the room, remarking that "Don Quixote" was
certainly a most excellent work, and most skilfully
adapted to the purpose of the author ; " but," said
he, " Mr. Lee," stopping before him with a most
significant archness of look, i( you have overlooked,
in your eulogy, one of the finest things in the
book." " What is that ? " asked Lee. " It is," said
Mr. Henry, " that divine exclamation of Sancho,
' Blessed be the man that first invented sleep ; it
covers one all over, like a cloak.' ' Mr. Lee took
the hint, and the company broke up in good hu

mour.1

Fortunately the year 1784 was one of large yield
to the planters, and the necessity for further indul
gence in collecting taxes ceased. With all the diffi
culties which beset the State, her payments into the
continental treasury from April, 1783, to November,
1784, amounted to £123,202, 11s. l^d.2

Not the least of these difficulties was the condi
tion of her commerce. Mr. Madison wrote concern
ing it, December 10, 1783 : " It cannot pay less to
Philadelphia and Baltimore, if one may judge from
a comparison of prices here and in Europe, than
thirty or forty per cent, on all the exports and im
ports ; a tribute which, if paid into the treasury
of the State, would yield a surplus above all its
wants." This came from the monopoly of the trade
of Virginia already enjoyed by the British mer
chants, who running their vessels up the numerous
rivers which emptied into the Bay, dealt directly

1 Wirt's Henry, 423. 2 Madison's Works, L, 128.

3 Rives's Madison, i. , 543.

216 PATRICK HENRY.

with the planters ; and by allowing them long cred
its on the goods sold them, were enabled afterward
to get their produce at prices far below what it
would have brought in open market.

To remedy this, and at the same time to build up
one or more great commercial marts in the State,
Mr. Madison introduced a bill restricting foreign
vessels to the two ports of Norfolk and Alexandria.
A warm struggle ensued, and in order to carry the
bill its advocates were obliged to add York, Tappa-
hannock, and Bermuda Hundreds to the list. In
this shape the bill passed.1 In the recorded vote
the name of Mr. Henry is found among the yeas,2
and there can be little doubt that he aided Mr.
Madison in its passage. Had the policy thus at
tempted to be inaugurated been strictly pursued,
and the foreign commerce of the State confined to
one or two ports, the result would have been as
many great cities within her bounds. But by a con
trary course, the very wealth of her natural advan
tages has contributed to her poverty, and the rival
ry of her seaports has diverted her trade north
ward. What should have built up a great city on
her coast has added to the growth of Baltimore,
Philadelphia, and New York.

The monopoly of American commerce was at
tempted by Great Britain, even before the signing
of the preliminary articles of peace. By an order
of Council, July 2, 1783, made under express author
ity of Parliament, the carrying of American prod
ucts to the British West Indies was prohibited, ex
cept in British vessels manned by British sailors.

1 Madison's Works, i. , 87 ; Hening, ii. , 402.

2 Journal of May session, 1784, 61.

LEGISLATION. 217

At the fall session a committee, of which Mr. Henry
was a member, brought in a bill authorizing Con
gress to retaliate by prohibiting the importation of
goods from the British West Indies, or in any other
mode which might best counteract the designs of
Great Britain.1 At the May session, 1784, a resolu
tion was adopted, declaring that Congress should
have power for fifteen years to prohibit vessels of
any nation, not having commercial treaties with the
United States, to trade with any of the States, and
foreigners from importing into the United States
the produce or manufactures of countries not their
own, unless under treaty stipulations.2 This was in
accordance with a resolution of Congress, with whom
Great Britain refused to make a commercial treaty.
Another act, relating to intercourse with neigh
boring nations, was introduced by Mr. Madison at
the November session, 1784, and warmly advocated
by Mr. Henry.3 It provided for the punishment of
crimes committed by citizens of Virginia within the
territory of any Christian nation or Indian tribe, in
amity with the United States.4 It was levelled at
what has been known since as filibustering, and is
perhaps the first formal enactment against it by any
legislative body. This most honorable recognition of
the principles of international justice and integrity,
was occasioned by the reported injuries inflicted on
the Spaniards and Indians by the more lawless of
the western settlers. Indeed, the restrictions on the
navigation of the Mississippi by the Spaniards was
a constant source of irritation between the western
settlers and that people ; and the resolution to bring

1 Journal, 46 ; Hening, ii., 313. - Heniiig-, ii., 388.

3 Madison's Works, 128. 4 Hening, ii. ,471.

218 PATRICK HENRY.

in the bill was accompanied by another, demanding
that Congress take steps to obtain the free naviga
tion of that river.1 No less deplorable were the
conflicts between the Indians and the whites on the
borders. To prevent these, Mr. Henry bent his
earnest endeavors. The bill just mentioned was
also accompanied by a resolution instructing the
delegates in Congress to urge the necessity of form
ing treaties with the Indians in the southern depart
ment.2 And on November 5, Mr. Henry moved the
following resolution, which was carried :

" Resolved, That the Governor, with the advice of
the Council, be requested to adopt such measures, as
may be found necessary, to avert the danger of hos
tilities with the Indians, and to incline them to
treat with the commissioners of Congress, and for
that purpose to draw on the treasury for any sum of
money not exceeding £1,000, which shall stand
charged to account of money issued for the contin
gent charges of Government."

But Mr. Henry well knew that presents to the
Indians, and treaties with them, were but temporary
expedients, He looked for a permanent remedy
for the feverish hostility which existed between the
whites and the red men of the forest. This he
could only hope for by replacing the hatred between
the races by kindly affection. To his generous
mind the best way to accomplish this was to unite
the two by ties of blood. He therefore, on Novem
ber 16, introduced a resolution for the encourage
ment of marriages with the Indians.3 This he ad
vocated " with irresistible earnestness and elo-

1 Journal, 9. 2 Idem, 9. 3 Idem, 25.

LEGISLATION. 219

quence," 1 and carried. The inducements to be
Differed were pecuniary bounties at marriage, and at
the birth of each child ; exemption from taxes, and
common schools to be provided for the education of
the children. A bill was introduced in accordance
with the resolution, and passed its first and second
reading and engrossment for its final passage ; but
the removal of Mr. Henry to the Governor's chair
left it without his eloquent support, and it failed
on its third reading. Whatever may be thought of
the soundness of the policy thus advocated by Mr.
Henry, all must admit that it does honor to his
heart, and is another evidence of the boldness and
independence of his statesmanship.

It is interesting to find that John Marshall ap
proved of this bill. In a letter to James Monroe,
of December, 1784, he writes: "We have rejected
some (bills) which in my conception would have
been advantageous to this country. Among these I
rank the bill for encouraging intermarriages with
the Indians. Our prejudices, however, oppose
themselves to our interests, and operate too power
fully for them."2

When the Legislature met in May, 1783, the ac
tion of Congress in reference to the cession of the
Northwestern territory tendered by Virginia, had
caused the deepest irritation. Mr. Jefferson wrote
June 17, from Monticello, to Mr. Madison, then in
Congress : " Instead of ceding more lands to the
United States, a proposition is made to revoke the
former cession. Mr. Henry is for bounding our
state reasonably enough, but instead of ceding the

1 Witt's Henry, 258, where the bill is given which he framed in conse
quence. • Bancroft's History of the Constitution, i. , 399.

220 PATRICK HENRY.

parts lopped off, he is for laying them off into
small republics. What further his plan is, I do
not hear." Whatever reliance can be placed on
Mr. Jefferson's information, the source of which he
does not indicate, it is very certain, that upon the
action of Congress proposing to accept the cession
of Virginia with some slight and not material
alterations in her conditions, Mr. Henry was the ad
vocate of the measure as proposed by Congress.
At the fall session, 1783, the act of Congress was
communicated to the Legislature. On December
9, the body in Committee of the Whole,

" Resolved, That the delegates of this state to
the Congress of the United States, be instructed
and fully authorized to convey by proper instru
ment in writing, on the part of this State to the
Congress of the United States, all right, title and
claim, which the said commonwealth hath to the
lands northward of the river Ohio, upon the terms
contained in the act of Congress of September 13
last : Provided, that lands be reserved out of those
hereby proposed to be ceded, sufficient to make
good the several military bounties agreed to be
given to sundry officers by resolutions of both
Houses of Assembly ; the lands hitherto reserved
being insufficient for that purpose."

Mr. Henry was on the committee ordered to
bring in a bill pursuant to this resolution.2 The
bill was reported by Mr. Joseph Jones, of the com
mittee, on December 15, and passed the House on
the 19th,3 and under it the great deed was executed
which has so powerfully affected the future of
America.

1 Journal, 53. 2 Idem, 53. 3 Idem, 62 and 71.

LEGISLATION. 221

During the sessions under consideration, the pro
posal to amend the articles of confederation so as
to give Congress greater powers for the collection of
the revenue needed for the United States, excited
the profoundest interest. It ha^ been seen that the
request of Congress of February 3, 1781, to be
vested with power to levy a duty of five per cent,
on imports, was promptly acceded to by Virginia at
the session of the Legislature in June following.
Mr. Henry then approved of the measure. As sev
eral of the States had failed to take similar action,
the Virginia Legislature at its next session sus
pended the act until all the other States should give
their consent. At the session of October, 1782,
which Mr. Henry did not attend, the Legislature,
under the influence of Richard Henry Lee, repealed
the act of 1781 consenting to the proposal. The
preamble to the repealing act based it upon the
statement, that the exercise by any body, other than
the Legislature, of the power " to levy duties or
taxes upon the citizens of this State within the
same, is injurious to its sovereignty, and may prove
destructive of the rights and liberties of the peo
ple." This declaration was at war with any plan of
general revenue under the control of Congress. It
was obvious, however, that Congress must be vested
with the power of collecting an adequate revenue,
not only to meet the demands of her foreign credit
ors, but to satisfy the army, who were not disposed
to disband until provision was made for their dues.
Congress, therefore, under the lead of Mr. Madison,
again, and urgently, repeated the former request,
modifying the plan so as to avoid some of the ob
jections urged against it. This new plan, which

222 PATRICK HENRY.

placed the appointment of the collectors with the
States, was sent down to the several legislatures in
the spring of 1783. The fate of the measure in
Virginia rested with Mr. Henry. Mr. Jefferson,
who had remained an Richmond to exert his influ
ence for its adoption, wrote to Mr. Madison, May 7,
giving his conclusions as to the probable division of
the prominent members of the Legislature on the
subject. In this letter he exhibited the feeling
toward Mr. Henry which had been aroused in 1781,
and had rendered him incapable of doing justice to
his former friend. He wrote :

" Henry, as usual, is involved in mystery. Should
the popular tide run strongly in either direction, he
will fall in with it. Should it not, he will have a
struggle between his enmity to the Lees and his en
mity to everything which may give influence to
Congress."

Nothing could be more unjust than this descrip
tion of Mr. Henry. That he led instead of follow
ing the popular tide, his whole political life had
demonstrated, and no one had been more ready to
recognize the fact than Mr. Jefferson. That he was
an enemy of Richard Henry Lee, or of the proposal
to strengthen the federal arm, his conduct both be
fore and after the date of this letter demonstrates
to be untrue. It may be that he was unwilling to
take his position at the beginning of the session on
questions he had not been able carefully to examine
in his remote country home, but this would only
show a proper caution, entirely consistent with his
known independence of thought and action.

1 Bancroft's History of the Constitution, i. , 310.

LEGISLATION. 223

On June 1, Mr. Jefferson wrote from Monticello
to the same correspondent : " Mr. Henry has de
clared in favor of the impost. This will ensure it.
How he is on the other questions of importance I
do not know." 1 By the Journal it appears that on
May 14, two days after the House organized, it
adopted a resolution, " That an impost of five per
cent, on certain goods imported, ought to be granted
to discharge certain engagements made by Congress,
under proper regulations," and Mr. Henry was one
of the committee appointed to bring in a proper bill
for the purpose.2 This shows that he had at that
time declared in favor of the measure, and instead
of falling in with the tide, we have Mr. Jefferson's
statement that the measure was assured by his ad
vocacy.3

But the measure was defeated at this session by
the very means taken to insure its success. Along
with the act of Congress asking for power to levy
the duty, there had been sent a copy of the answer
of Congress to the objections urged by the Ehode
Island Legislature to the plan. This answer had
been drawn by Alexander Hamilton with great
ability, but unfortunately he had inserted into it
the suggestion, that Congress, by having the power
to contract debts binding upon the States, had the
constructive power to provide the means for their
payment regardless of the agency of the States.
This claim, not necessary for the purpose sought,
the explicit grant to Congress of the power so im
plied, was not at first noticed ; but when the papers

1 Bancroft's History of the Constitution, i., 311. 2 Journal, 7.

a See Jones to Madison, Letters of Joseph Jones, 107, for some of the
grounds of opposition urged against the measure.

224 PATRICK HENRY.

sent by Congress were considered, the claim involved
produced an entire change in the sentiments of
most of the friends of the measure. It was looked
upon as destructive of the reserved rights of the
States, and members were unwilling to vest addi
tional powers in a body disposed to extend its
powers so dangerously by construction.1 Among
those thus affected by Hamilton's paper was Mr.
Henry. Mr. Jefferson wrote to Mr. Madison, June
17 : "Mr. Henry had declared in favor of the im
post, but when the question came on he was utter
ly silent." 2 The vote against it was so large that
no division was called for. The Legislature at the
same time resolved to levy the duty asked for by
Congress with its own officers, and to apply the
proceeds to the State's quota of the continental
debt, any deficiency to be made up from the tax on
land and slaves.3 Mr. Henry was one of the com
mittee to bring in a bill for this purpose, and he
carried the measure against Richard H. Lee.4

In the meantime General Washington, on June 8,
from his headquarters at Newburg, wrote his cele
brated letter to the Governors of the several States
on disbanding his army.5 In this, which he in
tended as his legacy to the people whose liberties
had been saved by his sword, he pointed out the
weakness of the Confederation, and .the consequent
danger to the liberties which had been so dearly
bought, and urged that Congress be vested with
power to collect its revenue without reliance on

1 Rives's Madison, i., 435.

2 Bancroft's History of the Constitution, L, 317. ;{ Journal, 48.
* Joseph Jones to Madison, June 14, 1783, Letters of Joseph Jones,

117. 5 Sparks, viii., 439.

LEGISLATION. 225

the States, thus endorsing specifically the plan pro
posed. With wonderful wisdom he indicated the
essentials of a proper federal government, the foun
dation upon which the Constitution was afterward
constructed. The vote in the Virginia Legislature
on granting an impost duty to Congress was taken
June 11, some days before Washington's address
was received. The love and admiration his great
name inspired, gave effect to his earnest advice,
and when the Legislature met in November follow
ing, it was ready to grant the coveted power to
Congress. Two days after Mr. Henry took his
seat a resolution was adopted to that effect, and
Mr. Henry was one of the committee to frame the
bill.1 It wras found impossible, however, to get all
the States to assent to the grant of power, and the
requisitions of Congress were so greatly neglected
that it could not meet the public obligations. Vir
ginia was among the most prompt to respond to
the Congressional requisitions, although she claimed
that Congress was indebted to her at least one mil
lion pounds.2

So great was Mr. Henry's anxiety that the fed
eral arm should be strengthened, that it decided
him to offer again for the Legislature. His senti
ments expressed on getting to Richmond were re
ported to Mr. Jefferson by William Short, who
wrote, May 14, 1784 :

" You will be pleased when I inform you of a
conversation last evening between Mr. Henry, Mr.

1 Journal, 18. See bill in Hening, ii., 350.

- Joseph Jones to Madison, June 14, 1783, Letters of Joseph Jones,
117.

226 PATRICK HENRY.

Madison, and Mr. Jones. I was left in the coffee
house with these three. Mr. Henry told them he
wished much to have a conference on a subject of
importance. The event of it was that Mr. Jones
and Mr. Madison should sketch out some plan for
giving greater power to the federal government, and
that Mr. Henry should support it on the floor. It
was thought a bold example set by Virginia would
have influence on the other States. Mr. Henry de
clared that it was the only inducement he had for
coming to the present assembly. He saw ruin in
evitable unless something was done to give Congress
a compulsory process on delinquent States, etc." l

Four days after Mr. Henry appeared in his seat,
the energy which he desired to infuse into the Fed
eral Government was indicated by a series of reso
lutions adopted in the Committee of the Whole.
They consisted :

In agreeing to the alteration of the eighth arti
cle of the Confederation proposed by Congress, so
as to make the basis of requisitions all free white
inhabitants and three-fifths of all others, instead of
the value of lands ;

In urging a prompt compliance by the States
with all requisitions, on whatever basis made ;

In urging Congress to make speedy settlement of
its accounts with the several States, by estimation,
if necessary, and declaring that the balances due
" ought to be enforced, if necessary, by such distress
on the property of the defaulting States or of their
citizens, as the United States, in Congress assembled,
may deem adequate and most eligible ; " and

In declaring that Congress ought to be invested,

1 Bancroft's History of the Constitution i., 361.

LEGISLATION. 227

for fifteen years, with power to prohibit imports
arid exports by citizens of other nations not having
commercial treaties with the United States.1 This
last was to meet the illiberal policy of Great Brit
ain.

Mr. Madison had written to Mr. Jefferson, May
15: "Mr. Henry arrived yesterday, and from a
short conversation I find him strenuous for invigor
ating the federal government, though without any
precise plan." 2 These resolutions, therefore, may
be taken as the plan he subsequently determined on.
In the Virginia Convention of 1788, Mr. George
Nicholas referred to the resolution for the coercion
of the States, and said to Mr. Henry : u I am sure
that the gentleman recognizes his child," and it was
not disowned.

The power of coercion, thus claimed, was differ
ent from the right claimed by Hamilton in the re
ply of Congress to the Legislature of Rhode Isl
and, touching the impost duty. That was a claim
to a power to levy a duty on the commerce of the
States, nowhere granted in the articles of confed
eration. This was a claim to force the States to
comply with the lawful requisitions of Congress,
and it was based on the acknowledged common law
of confederacies, both ancient and modern. Such
was the construction of the power of Congress, not
only by Mr. Henry and Mr. Madison, but by Mr.
Jefferson as well.3

During the fall session, 1783, Mr. Henry learned
of the proposed removal of Colonel Christian and

1 Journal, 11-12. 2 Madison's Works, i., 80.

3 Letter to Edward Coles, August 4, 1787, Jefferson's Writings, ii.,
203 ; Rives's Madison, i., 303.

228 PATRICK HENRY.

his family to Kentucky. He thereupon wrote to his
sister the following affectionate letter of protest :

URICHMD, Nov. 13th, 1783.

" I have just time to drop a line to you my dear
Sister. I am in the room with your good man, I
lodge with him. I hear no news from our kindred
hereabouts in particular, they being generally well.
I left my family well 10 days ago. I wrote you, I
think, I had a son born in August. He is the 4th
child of my dear Dolly. We are often talking of a
visit to you but indeed I am so much and so long in
the lower parts on the assembly, that I can find but
little time to stay at home. Pray don't go to Ken-
tuckie to live. You and I are already too far oif,
and in case of death no person to trust our children
with. This often hangs heavy on my mind. I al
ways hoped you were not too far to give my family
help in case of death, cfe you and your husband are
the only friends in reach. You see therefore it is
interest that makes me against your going. But I
assure you interest is not the only thing. The Col
grows impatient to be at home already as I do.
Annie is now at Sister Woods', and has been since
spring. Pray send your girls to see us as soon as
possible. My wife wants to come downwards next
spring.

" Farewell my dear sister

"P. HENRY.

"To MR?. ANNIE CHRISTIAN,

" JDunkard Bottom."1

CHAPTER XXXII.

TREATY OF PEACE.— LEGISLATIVE TRIUMPHS.— 1783-4.

Ministry Censured because of the Terms of the Treaty of Peace. —
The New Ministry Refuses to Comply with Certain of Its Arti
cles. — Posts and Property Retained. — Mr. Henry Induces the
Virginia Legislature to Resent the Conduct of England. — His
Attitude as to British Debts. — Defeats Effort to Change State
Constitution. — Efforts to Regulate Commerce on the Potomac.
— Leading Part of Mr. Henry in Doing Honor to Washington
and Lafayette. — Washington's Scheme of Internal Improve
ments. — Failure of Land Grant to Thomas Paine. — Reminis
cences of Mr. Henry's Legislative Career by Judge Spencer
Roane. — Description of His Person. — Anecdote of Him by Mr.
Madison. — Acquaintance with, and Influence over, the Career of
Albert Gallatin. — Mr. Henry's Penetration into Character, and
His Knowledge of Mankind.

THE definitive treaty of peace with Great Britain,
signed by the Commissioners at Paris, September 3,
1783, was ratified by Congress, January 14, 1784.1
By the fourth article, it was agreed, " that creditors,
on either side, shall meet with no lawful impedi
ment to the recovery of the full value in sterling
money, of all bona fide debts heretofore contracted."
By the seventh article it was provided that, " all
prisoners on both sides shall be set at liberty, and
his Britannic majesty shall, with all convenient
speed, and without causing any destruction, or car
rying away any negroes or other property of the
American inhabitants, withdraw all his armies, gar
risons, and fleets, from the said United States, and

! Journal of Congress, 0, 10, where the treaty is given.

230 PATRICK HENRY.

from every post, place, and harbor within the same."
The Ministry of Lord Shelburne was overthrown by
a coalition between Lord North and Fox, which car
ried a vote of censure in the House of Commons, on
February 17, 1783, because of the terms granted
the United States in the preliminary articles agreed
on. A coalition Ministry followed with the Duke
of Portland as its nominal head, and North and
Fox its leading members. It did not last long
enough to exchange the ratifications of the defini
tive treaty, which was, in fact, simply the prelimi
nary treaty re-executed. While it lasted, however,
a petition was granted, which was presented by cer
tain merchants engaged in the fur trade, praying
that the posts on the lakes be not given up.1 Orders
to withdraw from them were withheld, not only by
the coalition Ministry, but by its successor, the Pitt
Ministry.

In addition, the negroes and other property, taken
from the citizens of the United States by the Brit
ish soldiery, were sent away to Nova Scotia.

When the Virginian Legislature met in May,
1784, the determination of the British to hold the
posts south of the lakes was not known, but several
citizens of the State had visited New York to re
cover their captured property, and had been denied
their rightful claims. This very naturally aroused
a suspicion of bad faith on the part of the British
Ministry in executing the treaty. When, therefore,
it was proposed by Mr. Madison to repeal the legis
lation which stood in the way of British creditors
recovering their claims against Virginia debtors, the
resolution was voted down, and instead a commit-

1 Bancroft's History of the Constitution, i. , 68.

TREATY OF PEACE. 231

tee was appointed to inquire into the alleged infrac
tion of the treaty by the detention of property be
longing to Virginians.1 Mr. Henry was on this
committee, and he was the champion of the move
ment to resent the infraction.2 The committee re
ported the fact of the infraction of the treaty in
the detention of a considerable amount of the prop
erty of Virginians, which had been formally de
manded of General Caiiton. This report was
adopted, and was followed by the following resolu
tions :

"That the delegates representing this State in
Congress, be instructed to lay before that body
the subject matter of the preceding report and res
olution, and to request from them a remonstrance
to the British Court complaining of the aforesaid
infraction of the treaty of peace, and desiring a
proper reparation for the injuries consequent there
upon ; that said delegates be instructed to inform
Congress, that the General Assembly have no in
clination to interfere with the power of making
treaties with foreign nations, which the confedera
tion hath wisely vested in Congress ; but it is con
ceived that a just regard to the national honor and
interest of the citizens of this commonwealth, obliges
the Assembly to withhold their co-operation in the
complete fulfilment of the said treaty, until the suc
cess of the aforesaid remonstrance is known, or Con
gress shall signify their sentiments touching the
premises.

"That so soon as reparation is made for the
aforesaid infraction, or Congress shall adjudge it
indispensably necessary, such acts of the Legisla
ture, passed during the late war, as inhibit the re-

1 Journal, 41. 2 Madison to Jefferson, Madison's Works, i., 131.

232 PATRICK HENRY.

covery of British debts, ought to be repealed, and
payment made thereof in such time and manner as
shall consist with the exhausted situation of this
commonwealth.

" That the farther operation of all and every act
or acts of Assembly concerning escheats and forfeit
ures from British subjects, ought to be prevented."

•n 1

This spirited, but just, action, carried by Mr.
Henry against the combined influence of both Mr.
Madison and Colonel Lee, is treated by the biog
rapher of Mr. Madison as an unwarrantable inter
ference by the State with the exclusive province of
Congress. It expressly disclaimed any such inter
ference, and placed the State under the direction of
Congress. But it most properly called the atten
tion of Congress to the infraction by the British
government, which while claiming the right to sub
ject the property of Virginians to the payment of
British debts, was withholding from Virginians the
property justly belonging to them. The British
Ministry, glad of a pretext for a course already de
termined on, made this action of the Virginia Leg
islature an excuse for retaining the posts along the
lakes. When the Legislature met in October, they
learned of the detention of the posts and of the
pretext made of the action of the preceding session.
The matter was brought up by a motion to recon
sider that action after Mr. Henry was made Gov
ernor. Mr. Madison, in his letter to Mr. Jefferson
of January 9, 1785, says of it:

"Though no answer had been received from
Congress to the resolutions passed at the last ses-

1 Journal, 74.

TREATY OF PEACE. 233

sion, a material change had evidently taken place in
the mind of the Assembly, proceeding in part from
a more dispassionate view of the question, and in
part from the intervening exchange of the rati
fications of the treaty. Mr. Henry was out of
the way. His previous conversation, I have been
told, favored the reconsideration ; 1 the speaker,
the other champion at the last session against the
treaty, was at least half a proselyte."

The bill brought in provided for the payment of
British debts in seven annual instalments, deducting
the interest accrued between April 19, 1775, and
March 3, 1783, the war period. It passed both
Houses, but on the last three days of the session,
during which it should have been returned to the
House from the Senate, a freeze in James River pre-
„ vented some of the members, boarding in Manches
ter, from attending and making a quorum for busi
ness, and so the measure failed. The matter thus
left unsettled was destined to give much trouble
thereafter.

Mr. Jefferson made Mr. Madison the mouthpiece
in the Assembly of his views of the State Constitu
tion, given in his u Notes on Virginia," which book
he had not as yet had the courage to publish in
Virginia.2 At his instance Mr. Madison proposed
the call of a convention to form and give force
to a constitution, on the ground that what was
then called the Constitution of the State was not
only defective, but was not of greater force than
an ordinary act of legislation, the convention
adopting it having no power to give it* the force

1 See also Mr. Henry's letter to R. TI. Lee of January 9, 1785.
- Randall's Jefferson, i., 413.

234 PATRICK HENRY.

of a constitution. He had counted on the assist
ance of Colonel Lee to enable him to cope with
Mr. Henry, whose opposition was known. The re
sult is given in his letter to Mr. Jefferson, July 3,
1784, in which he says, " Unluckily, Mr. Lee was
obliged by sickness to leave us the day before the
question came on in committee of the whole ; and
Mr. Henry showed a more violent opposition than
we expected. The consequence was that after two
days debate the report was negatived ; and the ma
jority, not content with stopping the measure at
present, availed themselves of their strength to put
a supposed bar 'on the journal against a future pos
sibility of carrying it."

This consisted of a declaration that the Constitu
tion was in force as the supreme law of the land, and
that it was the duty of the Legislature, " at all times
and on all occasions, to preserve the same inviolate,
until a majority of all the free people of the com
monwealth shall direct a reform thereof." In con
sequence of this determination the Constitution was
enforced by every department of government for
forty -five years, when it was revised by a convention
of the State. Concerning it the biographer of Mr.
Madison felt constrained to write :

" The commonwealth, under its auspices, enjoyed
a reign of public virtue and of practical and well-
ordered freedom which, in spite of theoretical criti
cisms, future times will look back to with gratitude
and respect, if not with envy and regret.""1

v 9

Another and most important step was taken in
the correspondence with Maryland. On June 28,

1 Rives's Madison, i., 559.

TREATY OF PEACE. 235

1784, it was resolved, on motion of Mr. Madison, to
appoint George Mason, Edmund Randolph, James
Madison, Jr., and Alexander Henderson commission
ers to meet others from Maryland, " and in concert
with them frame such liberal and equitable regula
tions concerning the said river (Potomac) as may
be mutually advantageous to the two States." 1 The
commission met March 28, 1785, at Mount Vernon,
and having framed proper regulations, advised the
two States to adopt uniformity in duties, commercial
regulations, and currency.2 Maryland, in adopting
the regulations proposed, suggested that commis
sioners should be invited from all the States to
meet and regulate the restrictions on commerce for
the whole.3 On January 21, 1786, the Virginia
Legislature responded in a resolution offered by
Judge Tyler, inviting all the States to appoint com
missioners to digest and report the requisite aug
mentation of the powers of Congress over trade.4

In the universal tribute of admiration and grati
tude to Washington, which went up from every
part of the land upon the conclusion of the Revolu
tion, Virginia was not wanting in doing honor to
her great son. On June 21, 1784, a committee of
the House, of which Mr. Ronald was chairman and
Mr. Henry one of the members, aftej- consultation
with a committee of the Senate, reported an address
to General Washington every way worthy of the
body, and of the eminent character to which it was
addressed ; and at the same time recommended that
" the Executive be requested to take measures for
procuring a statue of General Washington, to be of

1 Journal, 84. - Rives's Madison, ii., 58.

3 Bancroft's History of the Constitution, i., 252. 4 Idem, 253.

236 PATRICK HENRY.

the finest marble and best workmanship." * The re
port was enthusiastically adopted. At the fall ses
sion, Washington, who had turned his attention to
the internal improvements of his State after resign
ing his commission, visited Richmond to impress his
views upon the Legislature. Upon his arrival Mr.
Henry moved in the House the following resolu
tion :

" The House being informed of the arrival of
General Washington in this city, Resolved, nemine
contradicente, That as a mark of their reverence for
his character and affection of his person, a commit
tee of five members be appointed to wait upon him,
with the respectful regards of this House, to ex
press to him the satisfaction they feel in the oppor
tunity afforded by his presence, of offering this
tribute to his merits, and to assure him that, as
they not only retain the most lasting impressions of
the transcendent services rendered in his late public
character, but have, since his return to private life,
experienced proofs that no change of situation can
turn his thoughts from the welfare of his country,
so his happiness can never cease to be an object
of their most devout wishes and fervent supplica
tions." 2

The committee appointed to present this con
sisted of Messrs. Henry, Jones, of King George,
Madison, Carter Henry Harrison, and Carrington
On the next day it reported through Mr. Henry the
following reply :

" GENTLEMEN : My sensibility is deeply affected
by this distinguished mark of the affectionate re-

1 Journal, 73. - Idem, 24, November 15, 1784.

TREATY OF PEACE. 237

gard of your honorable House. I lament, upon
this occasion, the want of those powers which
would enable me to do justice to my feelings, and
shall rely upon your indulgent report to supply the
defect ; at the same time, I pray you to present for
me the strongest assurance of unalterable affection
and gratitude for this last pleasing and flattering
attention of my country."

Two days later, upon the arrival of General La
fayette in the capital, Mr. Henry moved the fol
lowing resolution :

" This House being informed of the arrival this
morning of the Marquis de La Fayette in this city :
Resolved, nemine contradicente, That a Committee
of five members be appointed to present to him the
affectionate respects of this House, to signify to him
their sensibility to the pleasing proof given by this
visit to the United States, and to this State in par
ticular, that the benevolent and honorable senti
ments which originally prompted him to embark in
the hazardous fortunes of America, still render the
prosperity of its affairs an object of his attention
and regard ; and to assure him that they cannot re
view the scenes of blood and danger, through which
we have arrived at the blessings of peace, without
being touched in the most lively manner with the
recollection, not only of the invaluable services for
which the United States at large are so much in
debted to him, but of that conspicuous display of
cool intrepidity and wise. conduct during his com
mand in the campaign of 1781, which, by having so
essentially served this State, in particular, have
given him so just a title to its particular acknowl
edgments ; that, impressed as they thus are, with the
distinguished lustre of his character, they cannot
form a wish more suitable than that the lesson it

238 PATRICK HENRY.

affords may inspire all those whose noble minds
may emulate his glory, to pursue it by means
equally auspicious to the interest of humanity." l

A committee, consisting of Messrs. Henry, Madi
son, Jones, of King George, Matthews, and Brent,
presented this address, and on the next day the
Journal shows the following reply, reported by Mr.
Henry :

" Gentlemen, with the most respectful thanks to
your honorable house, permit me to acknowledge
not only the flattering favor they now are pleased
to confer, but also the constant partiality and un
bounded confidence of this State, which, in trying
times, I have so happily experienced. " Through the
continent, gentlemen, it is most pleasing for me to
join with my friends in mutual congratulations ;
and I need not add what my sentiments must be
in Virginia, where, step by step, have I so keenly
felt for her distress — so eagerly enjoyed her recov
ery. Our armed force was obliged to retreat, but
your patriotic hearts stood unshaken ; and while,
either at that period, or in our better hours, my
obligations to you are numberless, I am happy in this
opportunity to observe, that the excellent services
of your militia were continued with unparalleled
steadiness. Impressed with the necessity of Federal
union, I was the more pleased in the command of
an army so peculiarly Federal, as Virginia herself
freely bled in defence of her sister states.

" In my wishes to this commonwealth, gentlemen,
I will persevere with the same zeal that once, and
forever, has devoted me to her : May her fertile
soil rapidly increase her wealth ; may all the waters
which so luxuriantly flow within her limits, be happy

1 Journal for November 17, 1784.

TREATY OF PEACE. 239

channels of the most extensive trade ; and may she,
in her wisdom, and the enjoyment of prosperity,
continue to give the world unquestionable proofs of
her philanthropy, and her regard to the liberties of
all mankind.

"LA FAYETTE."

The visits of these distinguished guests continued
for a week, in which every mark of respect and ad
miration was bestowed upon them.

Washington had no difficulty in enlisting the Leg
islature in his magnificent scheme of improving the
navigation of the Potomac and James Rivers, and
connecting them by graded roads with the waters
flowing into the Ohio. Companies were chartered
for the improvement of the two great water-courses
of Virginia, and the Maryland Legislature was en
listed, by a visit of Washington himself, in the
scheme, which contemplated the passage over a part
of her territory.1

Great as was the influence of Washington, it had
signally failed to secure a provision for Thomas
Paine from the Virginia Legislature. On June 12,
1784, he had written to Mr. Madison, urging the
great merit and effect of " Common Sense," and the
extreme poverty of Paine, as reasons why the Legis
lature should make some suitable provision for him.
Mr. Madison seems to have requested Mr. Henry
to introduce a bill granting him a tract on the east
ern shore, a moiety of what was known as " the sec
retary's land; " some one moved to embrace the whole
tract in the grant, its value being £4,000. In this
form the bill was reported by Mr. Henry and

1 Rives's Madison, i., ch. xx.

240 PATRICK HENRY.

passed through two readings. Before it reached its
third reading, however, a letter from Arthur Lee
called attention to the fact that Paine was the author
of the publication styled, " Public Good," which
violently attacked Virginia's title to the North
western territory ; and that he was reported to have
written it under a promise from the land companies
to receive, in case of their success, 12,000 acres.
This caused Mr. Henry, doubtless, to drop the bill,
as it was defeated notwithstanding Mr. Madison
continued to advocate it.1 The subsequent career
of Paine fully justified this resentment of the sub
servient use of his pen.

Most interesting reminiscences of Mr. Henry have
been preserved by several of the members who
served with him during these important sessions.
Some from the pens of Judge Tyler and Judge
Stuart have been already given. Judge Spencer
Roane, who now for the first time met him, wrote as
follows to Mr. Wirt :

" Although I was personally unacquainted with
Mr. Henry until 1783. I was no stranger to his

t/ O

character before that time. A volunteer at the age
of thirteen, armed with a short carbine and toma
hawk, and clothed in a hunting-shirt with the words,
'Liberty or Death,' engraved in capitals over my
left breast, I could not be indifferent to the char
acter of that man wTho electrified the American pub
lic by his eloquence in council, and roused them to
resistance at a critical time by taking the field. I
had even before this formed a high opinion of this

!See Madison to Washington, July 24, 1784, Madison's Works, i., 85.
The reported remuneration for writing Public Good is found in the Lee
papers, at the University of Virginia.

TREATY OF PEACE. 241

man's eloquence, talents, and patriotism. My fa
ther, a burgess for Essex from 1768 to the Revolu
tion, and once or twice during the war, always
came home in raptures with the man. That a plain
man, of ordinary though respected family, should
beard the aristocracy, by whom we were then
cursed and ruled, and overthrow them in the cause
of independence, wTas grateful to a man of my fa
ther's whig principles. He considered Henry as the
organ of the great body of the people ; as the in
strument by whom the big- wigs were to be thrown
down, and liberty and independence established.
It is among the first things I can remember, that
my father paid the expenses of a Scotch tutor, re
siding in his family, named Bradfute, a man of
learning, to go with him to Williamsburg to hear
Patrick Henry speak, and that he laughed at Brad
fute on his return for having been so much enchant
ed by his eloquence as to have unconsciously spirt
ed tobacco juice from the gallery on the heads of
the members, and to have nearly fallen from the
gallery into the House. At a subsequent time, too,
my father carried another tutor and myself, when
not ten years old, to Williamsburg, on purpose to
hear Patrick Henry speak, but no occasion brought
him out before the vacation had expired and we re
turned home. . . . With these impressions I met
Patrick Henry in the Assembly in May, 1783. I
also then met with Richard Henry Lee. I lodged
with Lee one or two sessions, and was perfectly ac
quainted with him, while I was as yet a stranger to
Mr. Henry. 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 Patrick Henry against him in 1783, and
against Madison in 1784 (in which year I think R.
H. Lee was sent to Congress), but with several im-

242 PATRICK HENRY.

portant 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 of incorporating the Episco
pal church. I voted with him in general, because
he was, as I thought, a more practical statesman
than Madison (time has made Madison more practi
cal), arid a less selfish one than Lee. As an orator,
Mr. Henry demolished Madison with as much ease
as Sampson did the cords that bound him before he
was shorn : — Mr. Lee held a greater competition.—
There were many other great men in the House, but
as orators they cannot be named with Henry or
Lee. Mr. Lee was a polished gentleman. His per
son 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 al
though somewhat too monotonous, his speeches were
always pleasing ; yet he did not ravish your senses
nor carry away your judgment by storm. His was
of the mediate class of eloquence described by Rollin
in his Belle Lefctres. He was like a beautiful river
meandering through a flowery mead, but which
never overflowed its banks. It was Henry who
was the mountain torrent that swept away every
thing before it. It was he alone who thundered
and lightened. He alone attained that sublime
species of eloquence also mentioned by Rollin. It
has been one of the greatest pleasures of my life to
hear these two great masters, almost constantly op
posed to each other, for several sessions. I had no
relish for any other speaker. Henry was almost
always victorious. He was as much superior to
Lee in temper as in eloquence, for while the former
would often apologize to the House for being so
often obliged to differ from the latter, which he as
sured them was from no want of respect for him,
I once heard Mr. Lee say in a pet, after sustaining

TREATY OF PEACE. 243

a great defeat, that if the votes were weighed in
stead of being counted, he would not have lost it.

" Mr. Henry was inferior to Mr. Lee in the grace
fulness of his action, and perhaps also the chaste-
ness 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 was always 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 had, perhaps, 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. They were of
the " manin aide " cast (of Homer) rather than of
the "fortunam Priami" of some author whose
name is forgotten. 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. Many of his public
letters prove the contrary. I do not know that he
ever wrote anything for the press." *

'MS.

244 PATRICK HENRY.

In illustrating the kindly disposition of Mr.
Henry, Judge Roane says in the same letter :

" There was one trait in Mr. Henry, flowing from
his good disposition and his magnanimity, which did
him great credit, and is universally admitted. He
was extremely kind to young men in debate, cfe ever
ready to compliment even his adversaries, where it
was merited, — of the latter class his high eulogium
upon Col. Innes's eloquence, in the Virginia conven
tion, will be recollected, — of the former class the
instances were innumerable. I will mention one
which occurred in my own case. In the Spring of
the year 83 several of the most respectable of my
constituents of the county of Essex tarred & feath
ered one Jas. Williamson. He had been a merchant
in Tappahanock, had gone to the British, &> endeav
ored to bring up tenders to burn the town during
the war, & after the peace had returned to Tappa,
where he was countenanced by some of the inhab
itants. This gave -such umbrage that he was pur
sued, caught & tarred & feathered by the principal
men of Essex. They were prosecuted for this mis
demeanor in the general court. While the prose
cution was still pending, these citizens sent a peti
tion to me in the Spring, 84, praying the assembly
to arrest the prosecution. I presented the petition,
cfe got a law of indemnity in some progress, taking
care to state, as the fact was, that the act was com
mitted before the definitive treaty was signed, which
was some alleviation of their conduct. Mr. Henry
took me out one day & said, that he admired the
Whig spirit which actuated me, but that the inter
vention of the Legislature could not be justified.
I told him that the transaction was irregular, but
that the provocation was great, <fe the act done in
some sense, flagrante hello. He persisted in his opin
ion ; and I maintained my ground, intimated that I

TREATY OF PEACE. 245

hoped he would not oppose me, but that if he did I
must nevertheless proceed. He left me, and did not
oppose me, which I ascribe to the trait now in ques
tion, and the act of indemnity passed. This is one
small instance, but a thousand others might be men
tioned."

We have also a description of Mr. Henry's per
son at this period, from the same interesting pen.
Says Judge Roane :

" Mr. Henry was a man of middling stature. He
was rather stoop-shouldered (after I knew him),
probably the effect of age. He had no superfluous
flesh ; his features were distinctly marked, and his
complexion rather dark. He was somewhat bald,
and always wore a wig in public. He was not a hand
some man, but his countenance was agreeable and
full of intelligence and interest. He had a fine blue
eye, and an excellent set of teeth, which with the aid
of a mouth sufficiently wide, enabled him to articulate
very distinctly. His voice was strong, harmonious,
and clear, and he could modulate it at pleasure." *

The color of his eyes was described by his daugh
ter, Sarah, as follows : " Go out on a perfectly
cloudless day, and look up at the sky, and you will
have an exact idea of the color of his eyes.'1 2

The following characteristic anecdote was re
lated by Mr. Madison, then President, at the con
clusion of the war of 1812, to a party of gentlemen
assembled at his residence in Washington.

" In the Revolutionary War certificates were given
by the legislature to the Virginia line on Continen-

1 MS. Letter to Mr. Wirt. 2 Conversation with the Author.

246 PATRICK HENRY.

tal establishment, stating the amount due them,
which was to be paid at a future time. The neces
sities of the soldiers, in many instances, compelled
them to part with the certificates to speculators for
a trivial sum. Mr. Madison brought a bill before
the legislature to put a stop to it. He previously
asked Mr. Henry if he was willing to support it.
The reply was 4 yes,' but having no further com
munication with him on the subject, Mr. Madison
feared he had forgotten the circumstance. After
the bill was read, he turned to where Mr. Henry
sat, with an anxious eye, upon which the latter
arose and addressed the house. Mr. Madison said
that upon that occasion he was particularly elo
quent. His voice reminded him of a trumpeter on
the field of battle calling the troops to a charge. He
looked alternately to the house and audience, and
saw they were with the orator; and at the conclusion,
one of the chief speculators in tickets, then in the
galleries, exclaimed in an audible voice — c That bill
ought to pass ! ' It did pass, and unanimously."

Another incident of this period which has been
preserved, exhibits in a pleasing manner the cordial
hospitality of the Virginians, and the kindliness of
disposition of Mr. Henry, together with his pene
tration into the character of others, even upon short
acquaintance. A Frenchman named M. Savary de
Valcoulon, having a claim against Virginia, visited
Richmond in the winter of 1783, bringing with him
a young Swiss of education and talents, whose worth
was at once recognized. Many years afterward he
gave the following account of his reception :

" I have been treated with kindness in every part
of the United States where I have resided. But it

1 Howe's Virginia Historical Collections, 222,

TREATY OF PEACE. 247

was at Richmond, where I spent most of the winters
between the years 1783 and 1789, that I was re
ceived with that old proverbial Virginia hospital
ity, to which I know no parallel anywhere within
the circle of my travels. It was not hospitality
only that was shown to me. I do not know how it
came to pass, but everyone with whom I became ac
quainted appeared to take an interest in the young
stranger. I was only the interpreter of a gentle
man, the agent of a foreign house that had a large
claim for advances to the State ; and this made me
known to all the officers of government and some
of the most prominent members of the Legislature.
It gave me the first opportunity of showing some
symptoms of talent, even as a speaker, of which I
was not myself aware. Everyone encouraged me and
was disposed to promote my success in life. To
name all those from whom I received offers of ser
vice, would be to name all the most distinguished
residents at that time at Richmond. I will only
mention two : John Marshall, who, though but a
young lawyer in 1783, was almost at the head of
the bar in 1786, offered to take me into his office
without a fee, and assured me that I would become
a distinguished lawyer. Patrick Henry advised me
to go West, where I might study law if I chose ;
but predicted that I was intended for a statesman,
and told me that this was the career which should
be my aim ; he also rendered me several services on
more than one occasion." l

The young Swiss followed Mr. Henry's advice,
and went to Southwest Pennsylvania with a letter
of introduction from him in his pocket, and an im
portant commission from him to execute.2 He soon
rose to distinction, was the leader of the Republi-

1 Adams's Life of GaUatin, 54. 3 Idem, 59-60. \

248 PATRICK HENRY.

can party in Congress from 1795 to 1801, during
a part of which time he was opposed to John Mar
shall as the leader of the Federal party, and w^as
afterward the distinguished Secretary of the Treas
ury under Jefferson. It thus happened that Mr.
Henry was instrumental in securing to the United
States the great services of the celebrated Albert
Gallatin.

The penetration for which Mr. Henry was cele
brated is thus spoken of by Judge Roane :

" Mr. Henry was remarkably well acquainted
with mankind. He knew well all the springs and
motives of human action. This faculty arose from
mingling freely with mankind and from a keen and
constant observation. From this faculty and his
great command of temper, he would have made a
great negotiator. The advantage of Mr. Henry's
education consisted in this, that it arose from some
reading which he never forgot, and much observa
tion and reflection. He read good books as it were
for a text, and filled up the picture by an acute
and penetrating observation and reflection, and by
mingling in the society of men. He had practised
law in the county courts ; a school remarkably well
adapted to acquaint a person with mankind in gen
eral." l

1 MS. Letter to Mr. Wirt.

CHAPTER XXXIII.

GOVERNOR OF THE STATE.— FOURTH TERM.— 1784-5.

Unanimous Re-election of Mr. Henry as Governor. — Removal of His
Family to Chesterfield County.— Death of His Mother.— Her
Exalted Christian Character.— Death of His Brother and Aunt.
— Style of Living as Governor. — Renewed Correspondence with
Richard Henry Lee.— Correspondence with Washington in Ref
erence to the Stock Voted Him by the Legislature.— Causes the
Marbles of Washington and Lafayette Ordered by the Legisla
ture to be Executed by Houdon. — Grateful Feelings of Lafay
ette. — Lewis Littlepage. — His Remarkable Career. — Purchase
in France, by the Governor, of Arms for the State.— Visit of
John Fitch. — Proposed Steamboat Navigation. — Governor Hen
ry Grants Conditional Pardons, and Gives Birth to the Peniten
tiary System. — Letter from the Countess of Huntingdon. — Her
Plan for Civilizing the Indians. — Approval by Governor Henry
and General Washington. — Its Failure in Congress. — The State
of Franklin. — Movement to Divide Virginia Headed by Colonel
Arthur Campbell. — Wise Course of Governor Henry. — Able and
Patriotic Letter in Reference to the State of Franklin. — The
Scheme Abandoned.

ON November 17, 1784, Mr. Henry was elected
Governor of the State, to succeed Benjamin Harri
son, " without competition or opposition." His
term commenced the 30th of the month. On the
22d, Mr. Jones, of King George, from the committee
to notify him of his appointment, reported the fol
lowing answer :

" Gentlemen, I beg the favor of you to make my
acknowledgments to the General Assembly, and to
assure them that I shall ever retain a just sense of

1 Madison to Jefferson, January 9, 1785. Madison's Works, i., 134.

250 PATRICK HENRY.

the honor now conferred upon me. It shall be my
constant endeavor to discharge the duty of the high
office to which I am called, so as to promote the
happiness of the commonwealth. And I have to
hope that my intentions may be favorably inter
preted, and my deficiencies supplied by the wisdom
of the General Assembly." 1

This election again to the office of Governor was
a striking testimony to the admiration and love with
which he was regarded in his State. By the Consti
tution he was rendered incapable of re-election for
three years after serving three consecutive terms.
Mr. Jefferson and General Nelson had both ceased
to be Governor, and Benjamin Harrison had been
elected, before the end of this three years of disabil
ity. As the terms were but a year and the incum
bent might serve three in succession, it came to be
considered a mark of disapprobation not to continue
him for three years, and Mr. Henry would not have
consented to the use of his name so long as Governor
Harrison was eligible. But so soon as it could be
done without a slight upon that worthy statesman
and patriot, we find the Legislature, by a unanimous
vote, calling Mr. Henry again to the chair he had
so ably filled during the trying days of the war.

A few days after his election, Governor Henry
left Richmond in order to arrange his affairs in
Henry County, and remove his family to a farm in
Chesterfield County, near Richmond, called " Salis
bury."

Before he left the capital he received the sad in
telligence of the death of his mother at the home of

1 Journal, 33.

GOVERNOR OF STATE.— FOURTH TERM. 251

Colonel Meredith, in Aniherst County. A letter
from his sister gave him the first tidings, and this
was followed by one from Colonel Meredith, which
contains the following tribute to the noble woman
to whom Governor Henry owed so much of his
talents and admirable character.

" Her illness was constant for the last six or seven
months of her life, her greatest complaint was a most
inveterate cough, which occasioned her great uneasi
ness in her breast. She sought and wished for ease,
but it never appeared to me that she was desirous
that a single moment might be added to the time
appointed for her. But none who was acquainted
with her life and conversation need wonder at her
great resignation to whatever might be the Divine
will. She has been in my family upwards of eleven
years, and from the beginning to the end of that
time, it most evidently appeared to me that it was
one continued scene 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 did I know a
Christian character equal to hers. Oh, that her ex
ample may ever be imitated by me and my family,
to whom she was always a monitor and true guide,
both as to spiritual and temporal happiness. Her
removal to the world of spirits ought by no means
to occasion grief to her near and dear connections,
as they certainly must rest assured, that she is not
only received into the Heavenly mansions, but very
highly exalted there, having gained to the five tal
ents committed to her carefully other five. What
an honor is it to all those that claim their descent
from such a person. May they all be enabled to
follow her blessed example." *

IMS.

252 PATRICK HENRY.

By the will of Mrs. Henry, enclosed by Colonel
Meredith, it appears that on March 12, 1784, its
date, there were living of her children, John Syme,
William Henry, Patrick Henry, Jane Henry Mere
dith, Lucy Wood, Annie Christian, Susanna Madi
son, and Elizabeth Russell, formerly the wife of
Colonel William Campbell. She gives legacies to
these, as well as to two of her grandchildren, Eliza
beth Henry, daughter of Patrick Henry, and Charles
Henry Campbell, son of Mrs. Elizabeth Russell.1

But the death of his mother was not to be the
only affliction under which Governor Henry re
sumed the executive office, as the following sad let
ter to Judge Bartholomew Dandridge will show.

" DEAR SIE : The enclosed, while it will give you
trouble, may give us the pleasure of seeing you. I
heartily lament with you the death of Mr. Bur-
bidge, so far as it is rational to lament the ex
change of a bad world for one where sorrow never
enters. This particular time is remarkable for the
deaths of my near connections. My dear and ever
honored mother died six or eight weeks ago, my
brother William two weeks, and my only surviving
aunt ten days. Thus is the last generation clearing
the way for us, as we must shortly do for the next.
My wife's best wishes are joined with mine for you
all. Adieu, dear sir, " P. HENEY.

"January 21, 1785.

" Your son John is well."

This letter, in which sadness and Christian hope
are so beautifully mingled, was addressed to the

1 Her will followed the old custom in directing mourning rings for her
children.

GOVERNOR OF STATE.— FOURTH TERM. 253

brother of Mrs. Washington, and cousin of Mrs.
Henry, and to a warm personal friend, with whom
Governor Henry had been for years associated in
the Legislature and Executive Council.

Its warning was prophetic. Within three months
from the time it was received both Judge Dandridge
and his mother were dead.1

Judge Roane, who was a member of the Council,
has left an account of Governor Henry's mode of
life during the term on which he was now entering.
He mentions the carefulness with which he dressed
whenever he appeared in public, as had been his
custom during his first terms, and adds :

" With respect to his family, they were furnished
with an excellent coach (at a time when these ve
hicles were not so common as at present) ; 2 they
lived as genteelly, and associated with as polished
society as those of any governor before or since have
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 ex
ceeded the salary, and was in debt, which was one
cause that induced him to resume the practice of
the law."

Judge Roane also bears testimony to the uniform
courtesy and good temper with which he presided
at the Council board.

A passage in a letter from John Marshall to James
Monroe, December 2, 1784, bears testimony to the
controlling influence of Governor Henry as a mem
ber of the Assembly, by the statement in reference

1 See letter of General Washington to William Grayson, April 25, 1785.
Writings of Washington, ix., 270. 2 The year 1814.

254 PATRICK HENRY.

to his election as Governor, that " he is about mov
ing in a sphere of less real importance and power." l
But while the Executive might be of less impor
tance than the Legislative branch of the Govern
ment, it was not because the term of Governor
Henry was to be devoid of most interesting and im
portant incidents.

On his return from Henry County he found a let
ter from Richard Henry Lee, now the President of
Congress, dated at Trenton, December 8, 1784, in
dicating that nothing remained in his breast of the
irritation caused by legislative conflicts, if indeed
any of consequence was ever excited. Colonel Lee
wrote, " We are placed now I think pretty nearly
in the same political relation under which our
former correspondence was conducted ; if it shall
prove as agreeable to you to renew it, as you were
then pleased to say it was to continue it, I shall be
happy to contribute my part." To this Governor
Henry responded January 9, 1785, sending his
letter by Colonel William Grayson as the first safe
conveyance. He said, " The revolution of affairs
has, as you observe, placed us nearly in the same
situation which we held during the early part of
the late war. Give me leave to add, my hearty
wishes are, that the same friendly intercourse from
which I then received so great a pleasure, and my
country so much advantageous information, may
again take place, and receive no interruption." To
this Colonel Lee replied on February 14, in a long
letter giving much information as to the political
affairs of the Union, mingled with his own able
views concerning them. Ifc is most unfortunate

1 Bancroft's History of the Constitution, i., 399.

GOVERNOR OF STATE.— FOURTH TERM. 255

that but little of this renewed correspondence has
been preserved. But the passages quoted disprove
the allegation of enmity at this period between these
former friends, and there can be no doubt that they
afterward agreed very closely on political questions,
and lived on terms of the warmest friendship.

A correspondence soon followed also with Gen
eral Washington, which indicated the confidence
placed in Governor Henry by him who was now rec
ognized as the foremost man living. On January 5,
the Assembly, by a unanimous vote, vested in Gen
eral Washington fifty shares in the Potomac Com
pany, and one hundred shares in the James Kiver
Company, which had been chartered for the inter
nal improvement of the State according to the plan
urged by him, and with the design of binding the
Western territory to the East. Governor Henry
communicated the act to him officially on February
5, 1785. and received the following reply :

" DEAR SIR : I have had the honor to receive your
Excellency's letter of the 5th, enclosing the Act of
the Legislature for vesting in me and my heirs,
fifty shares in the navigation of each of the rivers
Potomac & James. For your trouble & attention
in forwarding the Act, you will please to accept
my thanks ; whilst to the Assembly for passing it,
these with all my gratitude are due. I shall ever
consider this act as an unequivocal, & substantial
testimony of the approving voice of my country, for
the part I have acted on the Amn theatre, & shall
feast upon the recollection of it as often as it
occurs to me : but this is all I can, or mean to do.
It was my first declaration in Congress after accept
ing my military appointment, that I would not re
ceive anything for such services as I might be able

256 PATRICK HENRY.

to render the cause in which I had embarked. It
was my fixed determination when I surrendered
that appointment, never to hold any other office un
der Government, by which emolument might be
come a necessary appendage ; or, in other words,
which should withdraw me from the necessary at
tention which my own private concerns indispensa
bly required : Nor to accept of any pecuniary
acknowledgment, for what had passed — from this
resolution, my mind has never yet swerved. The
Act therefore, which your Excellency enclosed, is
embarrassing to me. On the one hand I should be
unhappy if my non-acceptance of the shares should
be considered as a slight of the favor (the magni
tude of which, I think very highly of) or disre
spectful to the generous intention of my country.
On the other I should be equally hurt if motives of
pride, or an ostentatious display of disinterested
ness should be ascribed to the action. None of
these have existence in my breast ; & none of them
would I have imputed to me, whilst I am indulging
the bent of my inclination by acting independent of
rewards for occasional & accidental services. Be
sides, may not the plans be affected, unless some ex
pedient can be hit upon to avoid the shock which
may be sustained by withdrawing so many shares
from them ?

" Under these circumstances, &> with this know
ledge of my wishes &, intention, I would thank your
Excellency for your frank cfe full opinion of this
matter, in a friendly way, as this letter to you is
written, & I hope will be considered.

" I am &c. &c.,

" G. WASHINGTON.

UMT. VERNON, 27th Feb?, 1785.

"TO GrOVEKNOTC HENRY."

On getting this Governor Henry wrote March 12,
excusing himself from a full reply at the time, be-

GOVERNOR OF STATE.— FOURTH TERM. 257

cause of the extreme illness of his oldest grandson,
" a fine boy about nine years old."

On March 19, he replied at length in the follow
ing letter :

" RICHMOND, March 19, 1785.

"DEAR SIR : The honor you are pleased to do nie
in your favor of the 27th ultimo, desiring my opin
ion, in a friendly way, on the subject of the Act for
vesting the shares in the Potomac and James River
navigation, is very nattering to me, and I should
ill deserve the confidence you are pleased to place
in me, if T should forbear to give you my unre
served sentiments on it. I will freely own to you,
that I am embarrassed to reconcile the law, taken
in its full extent, with the declarations you mention,
and a fixed purpose of refusing pecuniary rewards.
If this was the sole object of the act, I should not
hesitate to dissent to its propriety. The United
States seem most properly constituted to take into
consideration a matter of that nature, for a variety
of reasons, which I need not enumerate. But the
preamble of the law, compared with a few facts
that preceded the enacting of it, will present it in a
view different from that of rewarding past military
services. The facts I allude to are these.

" The great business of opening the navigation of
Potomac and James Rivers, and connecting it with
that of the western waters, was taken up by you,
and pressed with that earnestness so interesting a
matter deserved. The difficulties, which nature
had interposed, were increased by a combination of
interest, hard to develop and explain, and still
harder to reconcile. To all these was added another
impediment arising from the scarcity of money, and
the exhausted condition of the country. The time
however was critical, and your observations, sent to
the Assembly, proved that it was a good policy to
encounter every obstacle, and begin work. The

258 PATRICK HENRY.

patronage of it seemed naturally to devolve on you,
Sir ; and the Assembly, desiring to give efficacy to
that patronage, vested the shares in you.

" This navigation depends upon private subscrip
tion for success, so that, unless you had subscribed,
you could not have been concerned. You will for-

five me for supposing that your finances could not
ave made it desirable to risk a sum of money on
the success of an enterprise like this. For your
estate could not have been exempted from that loss
in its produce, experienced by other gentlemen's es
tates throughout the country during the war. Con
sidering then that your promoting this great affair
necessarily obliged you to subscribe to it, and be
sides, to encounter all the difficulties arising from
the nature of it, the variety of interests, views, and
circumstances, which attended it, and that, in ar
ranging and conducting all these, not only great
labor and attention as well as abilities are requisite,
but also expence of money and loss of time, — it
would seem at least that you ought to be secured
against the chance of losing by subscribing. And
this is all the law can be said to do, inasmuch as it
must remain uncertain whether the shares are worth
anything, till the business is compleated. If this
never happens to be accomplished, your labor, time,
<fec., are lost, and the donation proves an empty
sound. Your acceptance of it will prevent that
shock which you justly observe will be given by a
refusal; and I submit to your reflection, how far
your resignation of the shares may throw a damp
on that ardor which I have the pleasure to hear
prevails at present to promote the undertaking. I
must believe that at least a temporary check would
be given to its progress, till the means of replacing
so many shares could be found ; and I am really
not able to find out the way to do it. Your ac
ceptance will avoid this embarrassing circumstance,

GOVERNOR OF STATE.— FOURTH TERM. 259

and if, after reviewing the whole matter, you shall
think it inadmissible to hold shares in the manner
the law gives them, you will be at liberty to make
such alterations in the interests or disposition of
the use, as shall be most agreeable to yourself.

" If I have exceeded in the freedom with which I
have treated this subject, I must entreat your for
giveness ; for I have no motive but to evince, on
every occasion, that I am, with unalterable affection
and the most sincere attachment,

" Dear Sir, your very obedient servant,

" PATRICK HENRY.

"His Excellency, GEORGE WASHINGTON,

" Mount Vernon.

" P. S. — Two other large packets from Ireland ac
company this. The post could not carry them all
at once. No other conveyance seems to present
soon, and the Captain (Boyle) begs to receive your
commands as soon as convenient."

General Washington had made up his mind to
refuse the gift, and the difficulty with him was, how
to refuse without giving offence.1 He caught at
the suggestion of Governor Henry, and determined
to ask the Assembly to permit him to indicate the
disposition of it most agreeable to himself. He
therefore wrote to the Governor, upon the assem
bling of the Legislature in the fall, the following
letter :

"MOUNT VERNON, 29 October, 1785.

" SIR : Your Excellency having been pleased to
transmit to me a copy of the act appropriating for
my benefit certain shares in the companies for open
ing the navigation of James and Potomac Rivers, I

1 Washington to Jefferson, September 26. 1785 ; Writings of Washing
ton, ix., 133.

260 PATRICK HENRY.

take the liberty of returning to the General Assem
bly, through your hands, the profound and grateful
acknowledgements inspired by so signal a mark of
their beneficent intentions towards me. I beg you,
Sir, to assure them, that I am filled on this occasion
with every sentiment which can flow from a heart
warm with love for my country, sensible to every
token of its approbation and affection, and solicit
ous to testify in every instance a respectful submis
sion to its wishes.

"With these sentiments in my bosom, I need not
dwell on the anxiety I feel in being obliged in this
instance to decline a favor, which is rendered no
less flattering by the manner in which it is con
veyed, than it is affectionate in itself. In explain
ing this observation I pass over a comparison of my
endeavours in the public service with the many hon
orable testimonies of approbation, which have al
ready so far overrated and overpaid them ; reciting
one consideration only, which supersedes the neces
sity of recurring to any other.

" When I was first called to the station, with which
I was honored during the late conflict for our liber
ties, to the diffidence which I had so many reasons
to feel in accepting it, I thought it my duty to join
a firm resolution to shut my hand against every
pecuniary recompense. To this resolution I have
invariably adhered, and from it, if I had the incli
nation, I do not feel at liberty now to depart.

" While I repeat, therefore, my fervent acknowl
edgements to the legislature for their very kind
sentiments and intention in my favor, and at the
same time beg them to be persuaded that a remem
brance of this singular proof of their goodness
towards me will never cease to cherish returns of
the warmest affection and gratitude, I must pray
that their act, so far as it has for its object my per
sonal emolument, may not have its effect. But if it

GOVERNOR OF STATE.— FOURTH TERM. 261

should please the General Assembly to permit me
to turn the destination of the fund vested in me
from my private emolument, to objects of a public
nature, it will be my study in selecting these to
prove the sincerity of my gratitude for the honor
conferred on me, by preferring such as may appear
most subservient to the enlightened and patriotic
views of the legislature. With great respect and
consideration I have the honor to be, <fcc.

" GEO. WASHINGTON.

" His Excellency, Gov. HENRY."

This letter was transmitted to the Assembly, and
they thereupon passed an act withdrawing tie dona
tion, and providing u that the said shares with the
tolls and profits hereafter accruing therefrom, shall
stand appropriated to such objects of a public na
ture, in such manner and under such distributions as
the said George Washington, by deed during his
life, or by his last will and testament, shall direct."

General Washington afterward indicated a Na
tional University to be established in the District of
Columbia,1 as the recipient of the shares in the Poto
mac Company, and Liberty Hall Academy, at Lex
ington, Va., as the recipient of the shares in the
James River Company. The name of this last was
thereupon changed to Washington Academy, and it
was afterward incorporated as Washington College.

It must have been with peculiar pleasure that
Governor Henry found that it devolved on him to
carry out the acts of Assembly voting marble stat
ues to Washington and Lafayette.

The Assembly, during its then session, determined
to present to the city of Paris the bust of Lafay-

1 Writing's of Washing-ton, xi., '3.

262 PATRICK HENRY.

ette at first intended for him, and Governor Henry
enclosed the act to the Marquis, with the following
letter :

' ' IN COUNCIL, January 29, 1785.

" SIB : When the duties of office correspond with
the feelings of the individual, there is a double
pleasure in discharging them. This satisfaction I
feel most sensibly, when I forward the enclosed,
and am happy in the opportunity of assuring you
how perfectly I coincide in opinion with the legis
lature on this subject.

" That the gratitude of those who claim you as
their fellow-citizen may be as conspicuous as the
merit it wishes to perpetuate, the Bust which was
to have been presented to yourself is now to be
erected in the City of Paris, and as we cannot have
the happiness of your personal residence, another is
to grace our capital, which none will behold with
more lively sensations of affection and admiration,
than Sir, " Yours, etc.,

"P. HENRY.

" To the Honorable, the MARQUIS DE LA FAYETTE."

The act of the spring session 1784, ordering a
marble statue of Washington, had been enclosed
by Governor Harrison to Mr. Jefferson at Paris,
with a request that he and Dr. Franklin select the
artist. After Governor Henry came into office he
received the following letter from Mr. Jefferson on
the subject.

"PARIS, Jan. 12, 1785.

"SiR: The letter of July 20, 1784, with which
your Excellency was pleased to honour me, cfe
which inclosed the resolution of assembly for the
statue of Genl. Washington came to my hands on

GOVERNOR OF STATE.— FOURTH TERM. 263

the 29th of Nov. by Mr. Short : & a few days af
terwards I received a duplicate of it, as it was not
practicable to get the business into any train be
fore the sailing of the December packet, I omit
ted acknowleging it's receipt till the packet of this
mouth should sail. There could be no question
raised as to the Sculptor who should be employed ;
the reputation of Monsr. Houdori of this city being
unrivalled in Europe. He is resorted to for the
statues of most of the sovereigns in Europe. On
conversing with him Doctr. Franklin <fe myself be
came satisfied, that no statue could be executed so
as to obtain the approbation of those to whom the
figure of the original is known, but on an actual
view by the artist. Of course no statue of Genl.
Washington, which might be a true evidence of his
figure to posterity, could be made from his picture.
Statues are made every day from portraits : but if
the person be living, they are always condemned by
those who know him for a want of resemblance,
and this furnishes a conclusive presumption that
similar representations of the dead are equally un
faithful. Monsr. Houdon whose reputation is such
as to make it his principal object, was so anxious
to be the person who should hand down the figure
of the General to future ages, that without hesitat
ing a moment he offered to abandon his business
here, to leave the statues of kings unfinished, & to
go to America to take the true figure by actual in
spection and mensuration. We believe from his
character, that he will not propose any very con
siderable sum for making the journey ; probably
two or three hundred guineas, as he must neces
sarily be absent three or four months, &, his ex-
pences will make at least a hundred guineas of the
money. When the whole merit of the piece was to
depend on this previous expenditure, we could not
doubt your approbation of the measure : and that

264 PATRICK HENRY.

you would think with us that things which are just
or handsome should never be done by halves. We
shall regulate the article of expence as econom
ically as we can with justice to the wishes of the
world. This article, together with the habit, atti
tude, devices c&c are now under consideration, &
till they be decided on we cannot ultimately con
tract with Monsr. Houdon. We are agreed in one
circumstance, that the size shall be precisely that
of the life. Were we to have executed a statue in
any other case, we should have preferred making it
somewhat larger than the life ; because as they are
generally a little elevated, they appear smaller, but
we think it important that some one monument
should be preserved of the true size as well as fig
ure, from which all other countries (and our own at
any future day when they shall desire it) may take
copies, varying them in their dimensions as may
suit the particular situation in which they wish to
place them. The duty as well as glory of this pres
ervation we think belongs particularly to Virginia.
We are sensible that the eye, alone considered, will
not be quite as well satisfied ; but connecting the
consideration that the whole, & every part of it,
presents the true size of the life, we suppose the
beholder will receive a greater pleasure on the
whole. Should we agree with Monsr. Houdon, he
will come over in the April packet, & of course
may be expected in Virginia about the last of
May. His stay with the general will be about a
month. This will be employed in forming his bust
of plaster. With this he will return to Paris, &> will
then be between two & three years in executing the
whole in marble. I have thought it my duty to
detail to your Excellency our ideas on this subject
as far as they are settled, that if in any point we
are varying from the wishes of the Executive or
legislature, we may be set right in time. I con-

GOVERNOR OF STATE.— FOURTH TERM. 265

jecture that you will receive this about the latter
end of Febuary, and as Monsr. Houdon will not
set out till about the 12th or 14th of April there
may be time to receive your pleasure in the mean
while. We think that the whole expence of the
journey & execution of the figure will be within
the limits conjectured by your excellency : but of
this we cannot be certain as yet. I have the honor
to be with sentiments of the highest respect
" Your Excellency's Most obedient

and most humble serv*.

" TH: JEFFERSON.
" To the GOVERNOR OP VIRGINIA."

Houdon came to America in the ship with Dr.
Franklin, and arrived at Mount Vernon October
3, 1785. Remaining a fortnight, he took the meas
urements of Washington's person and a plaster cast
of his bust, and on his return to France he com
pleted in 1788 the noble figure which stands in the
rotunda of the Capitol at Richmond, and is as near
as possible the exact reproduction of the illustrious
original.

Before the artist left France for the United States,
he was engaged through Mr. Barclay, the Ameri
can Consul at Paris, and Mr. Jefferson, to execute
the marbles of Lafayette ; and a letter from Mr.
Jefferson of August 22, informed Governor Henry
that a model of his bust in plaster had been taken.
On the return of Mr. Houdon he made the marble
intended for the city of Paris first, and that was
presented to the city on September 28, 1786, and
placed in the Hotel de Ville, with most imposing
ceremonies. Mr. Jefferson, who was confined to his
room because of a fall, wrote an appropriate letter

266 PATRICK HENRY.

of presentation, which was sent by William Short, a
former member of the Council of Virginia. The
city received the gift through her authorities, who
had selected as their spokesman, M. de Corny,
Avocat et Procureur du Roy et de la Ville, who
made a suitable oration. Mr. Jefferson, in trans
mitting the proceedings to the Executive, wrote :

" I have the honor of enclosing to your Excellency
a report of the proceedings on the inauguration of
the bust of the Marquis de la Fayette in this city.
This has been attended with a considerable delay.
The principle that the King is the sole fountain of
honour in this country, opposed a barrier to our de
sires which threatened to be insurmountable. No
instance of a similar proposition from a foreign
power had occurred in their history. The admit
ting it in this case is a singular proof of the King's
friendly dispositions toward the states of North
America, and of his personal esteem for the charac
ter of the Marquis de la Fayette."

The Marquis was deeply touched by this evidence
of appreciation by Virginia, and was stirred by the
thought of being presented to posterity along with
the hero of his greatest worship. On October 26,
he wrote :

" A new instance of the goodness of the State of
Virginia has been given me, by the placing of my
bust at the Hotel de Ville of this city. The situa
tion of the other bust will be the more pleasing to
me, as while it places me within the Capitol of the
State, I shall be eternally by the side of, and paying
an everlasting homage to, the statue of my beloved
General."

GOVERNOR OF STATE.— FOURTH TERM. 267

The desire of Lafayette was gratified when his
bust was placed permanently in a niche of the ro
tunda facing the figure of Washington.

In seeking a hand for the transmission of one of
the instalments due M. Houdon for his work, Gov
ernor Henry connected with its history one of the
most remarkable men of the age. Lewis Littlepage,
of Hanover County, had been sent in 1780, when a
youth of seventeen, by his guardian to Europe, to
complete his education. He was consigned to the
care of John Jay, then Minister at Madrid. The
youth had a fine manly figure, with a dark, penetrat
ing eye, and a peculiarly striking physiognomy.
He was considered a prodigy of genius and acquire
ments. In the letter of his uncle and guardian,
Benjamin Lewis, to Mr. Jay, were enclosed specimens
of his poetry at fifteen which indicated his genius in
that line. Within a few months after his arrival at
Madrid, he left his studies and volunteered to accom
pany the Duke de Crillon on his expedition against
Minorca. He acted as aide to the Duke and great
ly distinguished himself. Soon afterward he served
in the attack upon Gibraltar, and was blown up on
one of the floating batteries used by the Spaniards,
but his life was saved. During one of the engage
ments he stood upon the deck and sketched the bat
tle. Upon his return to Madrid he was received
with great distinction by the Court, and resided in
Spain after Mr. Jay had left for Paris. In 1784 or
5 he returned to Virginia, and we find a letter of
Governor Henry to General Washington, dated Octo
ber 14, 1785, introducing him and adding : "I have
spent some little time in his company very happily,
and feel myself interested in his future welfare."

268 PATRICK HENRY.

On the return of Littlepage to France soon after
ward, Governor Henry entrusted to his care a sum
of money for Mr. Jefferson, to be paid to M. Hou-
don. On reaching New York to embark, Littlepage
was arrested at the suit of Mr. Jay for a debt of
$1,016, money advanced him while in Europe. It
was in vain that he assured his creditor that on the
settlement with his guardian he had left the amount
in his hands for him. Mr. Jay was implacable, and
in order to gain his freedom Littlepage used some
of the money entrusted to him, turning over to the
State the claim against his guardian. This action
of Mr. Jay was resented by a challenge and a bitter
newspaper publication, which led to a counter-pub
lication, and a pamphlet containing their entire cor
respondence in Europe and America. On landing
in Europe Littlepage repaired to the court of Po
land, where at the age of twenty-four he became
first secretary and chamberlain to King Stanislaus.
The next year, 1787, he was sent to negotiate a
treaty with the Empress of Russia, Catherine II.,
which he accomplished, and at the same time won
the affections of that able sovereign and notorious
woman. During the same year he was sent on a
secret mission to the court of France, to assist in the
attempted quadruple alliance. In 1788 he was sent
by Catherine to the army of Prince Potemkin, then
engaged in the Turkish war, where he was placed
in the command of a division, and served with great
distinction. The next year he was sent on a politi
cal mission to Madrid, and was afterward recalled
to Warsaw to aid in the revolution of 1791. In
1792 he acted as aide-de-camp of the King with the
rank of Major-General, and was sent by him the

GOVERNOR OF STATE.— FOURTH TERM. 269

following year as special envoy to Russia, to prevent
the division of Poland. He was not allowed to en
ter St. Petersburg, nor to interfere with the division
of the kingdom. He was engaged in the revolution
in 1794, headed by Kosciusko and Madalinski, and
was at the defeat of Poniatowski by the Russians,
and at the storming of Prague. For the part taken
in this revolution the Empress Catherine never for
gave him, and when Stanislaus was taken in 1795,
she ordered Littlepage to be separated from him,
and only spared his life because of his former brill
iant services under Potemkin in the Turkish war.
Attempting to reside at Vienna, he was ordered
away by the Ministry, and found an asylum at War
saw by permission of the King of Prussia, then its
ruler. Upon the death of Catherine, her son, who
became her successor, paid him the sum promised
him by the King of Poland as a reward for his
long and dangerous services. In October, 1800, he
went to Hamburg, intending to visit France or Eng
land, but was looked upon as a secret envoy of the
Emperor of Russia, and prevented from carrying
out his purpose. A plot against his life drove him
to Denmark, whence he sailed for the United
States in 1801. His wondrously adventurous and
romantic life came to an end on July 19, 1802, at
Fredericksburg, Ya., before he was forty years of
age.

The Assembly having determined that the bitter
experience of the State from want of arms should
not be repeated, directed the Executive to expend
<£10,000, in the immediate purchase from abroad of
arms, powder, flint, and cartridge paper. On March
30, Governor Henry wrote to Thomas Barclay,

270 PATRICK HENRY.

American consul at Paris, to make the purchases ;
and at the same time wrote to Mr. Jefferson and
the Marquis Lafayette to aid him in the commis
sion. This they readily did, and arms of the best
pattern in use were procured for the State. Lafay
ette's response was particularly gratifying. He
wrote, June 7, 1785.

" I have been honored with your Excellency's
commands dated in council, March 30, arid I find
myself happy to be employed in the service of the
Virginia militia, to whom I am so particularly
bound by everlasting sentiments of regard and grati
tude. . . . Indeed, Sir, the Virginia militia de
serves to be well armed and properly attended. I
pray God, these warlike stores may never be of use.
But should America, unfortunately, have any future
occasion for soldiers, I hope she will not leave out of
her list, one, who was early adopted in her service,
and who at all times will most readily and most
devotedly offer his exertions. With unbounded
wishes for the complete prosperity of the State of
Virginia, and with affectionate sentiments of the
most perfect respect for your Excellency, I have the
honor to be, Sir,

" Your Excellency's most Ob1 Se'rt.

" LAFAYETTE."

During the year 1785 Governor Henry was vis
ited by that eccentric genius, John Fitch. After
exploring the country northwest of the Ohio, and
surveying much of the land in Kentucky, he had
taken up his residence in Pennsylvania, and in the
spring of 1785 conceived the idea of a steamboat.
In order to raise the means to make his experiments,
he offered for sale copies of a map of the Northwest

GOVERNOR OF STATE.— FOURTH TERM. 271

which he had drawn. On his visit to Governor
Henry he explained his plan of steamboat naviga
tion. The Governor seems to have duly appreciated
the importance of the invention, and in order to
obtain for Virginia its benefits, he took from Fitch
a bond dated November 16, 1785, payable to himself
and his successors in office, in the penalty of .£350
conditioned :

" If the above bound John Fitch should receive
subscriptions for his maps of the No. West parts of
America to the amount of one thousand French
crowns, that he, the said Fitch, is to exhibit a full
proof of the practicability of rowing a vessel by the
force of a steam engine in the commonwealth of
Virginia, within nine months after said subscrip
tions are received by said Fitch, in a vessel of not
less than one ton burthen."

This paper, written by the hand of Fitch, must
have been executed upon the proposal to sell the
number of maps stated in Virginia, and as an in
ducement for Virginians to subscribe for them. He
perfected his plans and made a successful trial trip
with his boat on the Delaware, at Philadelphia, Au
gust 22, 1787, in the presence of the members of the
Federal Convention then sitting there. Afterward
Robert Fulton, it is said, obtained his drawings and
papers from a person with whom they were left for
safe-keeping, and perfected the invention for which
the world was indebted to Fitch. Meanwhile,
Fitch, too poor to utilize the product of his genius,
and driven to despair, committed suicide in 1798.
Had the State of Virginia been sufficiently recovered
from the war, there is little doubt she would have

272 PATRICK HENRY.

furnished Fitch with the means necessary to con
struct his boats for her waters, an exclusive right to
navigate which she in 1787 granted him.1

In Virginia the harsh criminal law of England
had been continued, whereby the death penalty was
imposed for many felonies, regardless of the grade of
the crime. This was abhorrent to the nature as it
was inconsistent with the reason of Governor Henry.
He therefore fell upon the plan of granting pardon*
where the crimes were not heinous, upon condition
that the convict be subjected to hard labor for a
designated period. His letter to Charles Pearson,2
the officer of the city of Richmond, who was to take
charge of some so pardoned, shows the heart of a
genuine philanthropist in his directions as to their
treatment, and especially in the provision for their
attendance on Divine service. It is clear that the
Governor's design was to effect the reformation of
the criminals so treated. This action of Governor
Henry was tested in the Court of Appeals, and it
was determined by that tribunal that the condition
was void, and the pardon absolute.3 The Legisla
ture of 1785 was then sitting, and an act was at once
passed authorizing the Executive to grant such con
ditional pardons, except in cases of murder or trea
son.4 From this humane and proper movement of
Governor Henry came the penitentiary system of
the State which was adopted in 1796.

Soon after the commencement of his term Gov
ernor Henry received through Sir James Jay, a
brother of the Hon. John Jay, a communication from

1 For a sketch of John Fitch, see Appleton's Cyclopaedia of American
Biography. 2 Vol. iii., 265.

t; Commonwealth vs. Fowler, 4 Call., 35. 4 Hening, xii. . 45.

GOVERNOR OF STATE.— FOURTH TERM. 273

the famous Countess of Huntingdon, the follower of
Whitefield, asking his assistance in her plan to
christianize and civilize the North American In
dians.1 This plan, which did so much honor to her
head and heart, looked to the settlement in the
midst of, or near to, the Indians of colonies of
pious, industrious people from Great Britain, who
by precept and example might induce the Indians
to adopt Christian habits. While the Countess pro
posed to send the colonists over, she required for
them grants of lands in or near the Indian territory.
Governor Henry gave the plan his hearty ap
proval, but as it required the co-operation of Con
gress, he enclosed the communications of the Count
ess and Sir James Jay to the Virginian delegates,
with the following letter-:

" COUNCIL CHAMBER, February 3, 1785.

" GENTLEMEN : I send you herewith copies of
some papers lately received which contain matters
of a very interesting nature. The letter from the
Countess of Huntingdon and the outlines of her
plan evince a mind well informed, liberal, and gen
erously enlarged. The observations of Sir James
Jay must impress everyone with a sense of their
rectitude.

" The civilization and christianizing of the Indians,
if indeed they are two things, are matters of high
moral and political concern. But when these shall
be attended with the acquisition of people from
Europe of the description given by the Countess,
they form an object so desirable, and so truly great,
as deeply to interest the feelings of every good
American and good man. The difficulty of the
undertaking is acknowledged. But where can we

1 Vol. iii.,248.

274 PATRICK HENRY.

find so great a good placed in our reach, and freed
from difficulty ?

" The whole oeconomy of this lower world proves,
that it is by labor and perseverance only that good
is obtained and evil avoided. And if we wait till
we are presented with the opportunity of achieving
good and great things without trouble or hazard,
we shall forfeit our character and disgrace that
spirit of generous enterprise, whose influence hath
been seen to pervade our Nation.

" If it depended on the Executive here to give the
necessary assistance to the views of this worthy
Lady a moment would not be lost. A scheme so
calculated to promote the Honor and Interest of
our Country, would be embraced without hesitation.
But you Gentlemen well know that the powers
under which we act are too circumscribed to take in
this subject. Indeed I fear even the Legislature
will be embarrassed in this Affair, because all the
Lands bordering on the Indians in this State are
ceded to Congress. This is the principal reason of
my giving you the trouble of this letter, that, if pos
sible, I might at one view present to the Assembly
at their next meeting, the papers I now send you,
with the Intentions of Congress on the Subject of
them.

" I beg the favor of you to make known to me
those intentions as soon as it is convenient, and per
mit me to assure you that I am with great regard
" Gentlemen, Your most humble Servant,

"P.

" P. S. — You will see that a part of these papers
is not wished to be made public beyond a certain
extent."

General Washington heartily approved also of
the scheme of the Countess, and wrote a letter to

GOVERNOR OF STATE.— FOURTH TERM. 275

Richard Henry Lee, the President of Congress, urg
ing favorable action on it.1 The answer of Colonel
Lee stated that two things prevented the body
from favoring this humane proposal. One was the
fact that the public lands were considered pledged
to the payment of the public debt ; and the other,
a fear that the settlers might sympathize with
Great Britain in her unfriendly temper toward the
United States, and exercise a dangerous influence
over the Indians.2 At the fall session of the Legis
lature the Governor transmitted copies of the papers,
with the action of Congress laying them on the
table, to the Assembly. But that body did not feel
at liberty to take up the scheme. It can hardly be
doubted that a great mistake was made in not giv
ing the plan of the Countess a fair trial. The suc
cess of Christian missions among the Indians has
demonstrated the fact that they can be reached and
elevated by Christianity, and had the attempt been
successfully made at the time, the country would
have been saved much of the blood and treasure
expended in the cruel wars which have followed.

Notwithstanding his failure to get his country
men to conciliate the Indians by encouraging inter
marriages and Christian missions, Governor Henry
continued his efforts to keep them on peaceful terms
with the whites. On January 6, he issued his
proclamation forbidding for the present the survey
ing or taking possession of the lands northwest of
the Ohio, and below the mouth of the Tennessee,
reserved for the Virginia line and Illinois regiment.
This action had been authorized by the Assembly
then in session.

1 Writings of Washington, ix., 86-91. - Idem, 92-93.

276 PATRICK HENRY.

During the year 1785 there was an effort to di
vide the State of North Carolina, against her con
sent, which threatened great danger to Virginia.
In June, 1784, North Carolina tendered a deed of
cession to the United States, of her territory west
of the mountains, now constituting the State of Ten
nessee. The act was to be void unless accepted by
Congress within two years, and North Carolina was
to retain her jurisdiction over the territory till it
was deeded to the United States. At the same
time the land office for the ceded lands was closed.
The people of the district had long been dissatisfied
with the protection afforded them by the State, and
now -concluded that Congress would not accept the
deed for two years, and that in the meantime they
would be cared for by neither government. A move
was commenced which resulted in the^formation of
a separate government for the counties west of the
mountains. These called themselves the State of
Franklin,1 and although North Carolina repealed
her act of cession in the winter of 1784-5, they per
sisted in their separate organization. Colonel John
Sevier, who was for abandoning the movement after
the repealing act of North Carolina, was elected,
and induced to serve as their governor.

The disposition of the western counties to leave
their parent States was contagious. Not only was
Kentucky moving for a separate government, but
restless spirits in the Virginia counties west of the
Alleghanies were endeavoring to divide the State.
The chief of these was Colonel Arthur Campbell,
County Lieutenant of Washington County, who not
only got up a petition to Congress praying for a di-

1 Sometimes written " Frankland."

GOVERNOR OF STATE.— FOURTH TERM. 277

vision of the State by this range of mountains, but
endeavored, though a magistrate, to prevent the
execution of the militia and tax laws in his county.1
The militia law, causing much dissatisfaction at the
time, was one passed in 1784, by which the commis
sions of the old officers were annulled and the Gov
ernor was directed to fill the vacancies. In obedi
ence to this, Governor Henry filled the vacancies in
Washington County with those who were known
to oppose the schemes of Colonel Campbell. He
also caused him to be cited before the Council to an
swer charges of misconduct in his office as magis
trate, which resulted in the loss of his commission.
Fully alive to the danger of an attempt at separa
tion by violence, he got from Governor Sevier an
assurance that no encouragement would be given to
Colonel Campbell and his associates to join the
State of Franklin. At the fall session of the As
sembly in 1785, the Governor laid before the body
the papers connected with this dangerous move, and
recommended " lenient measures in order to reclaim
our erring fellow-citizens." His advice was fol
lowed. The militia law was amended so as to re
store the old officers, and the collection of the taxes
was postponed from September till May.

But with this moderation the Assembly showed
the same firmness of purpose which had character
ized the Governor. They passed an act making the
erection of an independent government within the
limits of Virginia, except by an act of her Assembly,
high treason, and the attempt to establish such a
government a high crime and misdemeanor ; and
they empowered the Governor to call out the mi-

1 Calendar of Virginia State Papers, iv., 3, 93, 95.

278 PATRICK HENRY.

litia of the State to suppress any combination for
such a purpose.1 These measures effectually pre
vented further effort to divide the State against
her consent.

To show the disposition of the State to allow
a proper division of her territory, the Assembly
passed an act consenting to the erection of the
district of Kentucky into a State so soon as a con
vention of its people desired it, and Congress gave
its consent.2

Governor Henry was fully alive to the danger
which would threaten all the States, if the irregular
action of the State of Franklin was successful in
establishing an independent State. This action, he
was satisfied, was in great measure the result of
Spanish machinations. He kept himself fully in
formed of the conduct of the would-be State, by
correspondence, and among those who gave him in
formation was Colonel Joseph Martin, who resided
within its bounds, and was the Indian agent for
both North Carolina and Virginia. This officer
had been elected to the first convention which was
called after the act of cession. But after the
repealing act, if not before, he threw himself among
the opposition to the new State. In a letter to
Governor Henry dated August 14, 1786, he related
the hostilities begun on the part of the people of
Franklin toward the Indians, and their lawless
conduct toward John Martin, his assistant Indian
agent, including the destruction of the property in
his charge.

Governor Henry replied on October 4, 1786, in a
letter reviewing the situation of the new State, and

1 Hening, xii., 41. 2 Idem, 37.

GOVERNOR OF STATE.— FOURTH TERM. 279

giving the reasons which should induce them to
disband, which he desired Colonel Martin to use to
effect that end.1 Doubtless this letter was used as
desired, and was potent in bringing about the
result finally attained. The fortunes of the new
State steadily declined during the year 1787, and
finally Colonel Martin wrote to Governor Henry's
successor in office, April, 1788 : " I am happy to
inform your Excellency that the late unhappy dis
pute between the State of North Carolina and the
pretended State of Franklin is subsided. I enclose
two letters from the late Governor, since the receipt
of which I have seen him. I have met with some
difficulty in settling the dispute, and flatter myself
that it is effected." The result was finally brought
about by the conciliatory measures of the govern
ment of North Carolina, and the refusal of Congress
to recognize the new State.3

1 Vol. iii., 374. 2 Calendar of Virginia State Papers, iv., 432.

3 See Ramsey's History of Tennessee for an account of the State of
Franklin. J. R. Gilmore has also written concerning it in his volume,
John Sevier, the Commonwealth Builder, in which he does injustice
to Colonel Martin.

CHAPTER XXXIV.

GOVEKNOR OF THE STATE.— FIFTH TEEM.— 1785-6.

Election of Governor Henry for Fifth Term. — Inefficiency of the
Confederation. — Steps Leading to Its Eevisal. — Interference
by Spain with the Settlement of the Mississippi Valley. — Indian
Hostility Led by McGilvray. — Eetention of the Northwestern
Posts by the British. — Indian Eaids. — Colonel William Chris
tian Killed in One of These.— Beautiful Letter of Governor
Henry to Mrs. Christian. — His Appeal to Congress on Behalf of
Kentucky. — His Efforts to Protect the Inhabitants on the Fail
ure of Congress to do so. — Scheme of John Jay to Yield the
Free Navigation of the Mississippi to Spain for a Term of
Years in Negotiating a Treaty. — Action of the Eastern States
in Congress. — Important Letter from James Monroe to Gov
ernor Henry on this Subject. — -Proposed Division of the Union
by Northern Men. — Irritating Conduct of Spanish Officials. —
Action of Virginia Legislature. — Effect on Governor Henry of
the Action of the New England States. — Elected a Delegate to
the Proposed Federal Convention. — Declines another Election
as Governor. — Condition of His Private Affairs. — Marriage of
Two Daughters. — Letter to Mrs. Eoane on Her Marriage.

ON November 25, 1785, Mr. Henry was again
elected to the office of Governor1 without oppo
sition, and on the 29th Mr. Madison, from the
committee appointed to notify him of his election,
reported the following answer:

" GENTLEMEN : I beg you will be pleased to re
turn my best acknowledgments to the General
Assembly, for the honour they have now done me,
and to assure them that my best exertions shall not
be wanting to promote the public good, in the hon
orable station to which they have again called me.

1 Journal, 56.

GOVERNOR OF STATE.— FIFTH TERM. 281

The obliging manner in which you, gentlemen, have
been pleased to make this communication from the
Assembly, demands my thanks, which I beg you to
accept."

During this term the State was sufficiently re
covered from the effects of the war to commence the
payment of her foreign debts.2 To no one could this
be more grateful than to the Governor. He was
not forgetful of the peculiar obligation of the State
to Oliver Pollock, and gave his claim a preference.

A very fair impression of Governor Henry's con
duct of the business of his office during this term
will be obtained from the executive correspondence
during the period, only a small part of which is
given in this work.

The year 1786 witnessed the culmination of the
series of events which led to the call of the con
vention for the revisal of the Articles of Confedera
tion, which were now demonstrated to be utterly
inadequate to the needs of a general government.3
They constituted "in fact nothing more than a
treaty of amity, of commerce, and of alliance be
tween independent and sovereign states." 4 Under
them Congress, besides a lack of power in other im
portant matters, could not regulate commerce be
tween the States, nor with foreign nations, nor raise
a revenue. The efforts to engraft amendments to
effect these objects had failed ; and besides being
without adequate powers, the attendance of the

1 Journal, 62.

2 For a statement of the rapid recovery of Virginia from the war, and
her prosperity, 1783-8, see Virginia Convention of 1788, by Hugh Blair
Grigsby, Virginia Historical Society publications, 1 890.

3 See Defects of the Confederation summed up by Madison, Madison's
Works, i., 320. 4 Madison, id., 322.

CHAPTER XXXIV.

GOVEENOE OF THE STATE.— FIFTH TEEM.— 1785-6.

Election of Governor Henry for Fifth Term. — Inefficiency of the
Confederation. — Steps Leading to Its Eevisal. — Interference
by Spain with the Settlement of the Mississippi Valley. — Indian
Hostility Led by McGilvray. — Eetention of the Northwestern
Posts by the British. — Indian Eaids. — Colonel William Chris
tian Killed in One of These.— Beautiful Letter of Governor
Henry to Mrs. Christian. — His Appeal to Congress on Behalf of
Kentucky. — His Efforts to Protect the Inhabitants on the Fail
ure of Congress to do so. — Scheme of John Jay to Yield the
Free Navigation of the Mississippi to Spain for a Term of
Years in Negotiating a Treaty. — Action of the Eastern States
in Congress. — Important Letter from James Monroe to Gov
ernor Henry on this Subject. — Proposed Division of the Union
by Northern Men. — Irritating Conduct of Spanish Officials. —
Action of Virginia Legislature. — Effect on Governor Henry of
the Action of the New England States. — Elected a Delegate to
the Proposed Federal Convention. — Declines another Election
as Governor. — Condition of His Private Affairs. — Marriage of
Two Daughters. — Letter to Mrs. Eoane on Her Marriage.

1 Journal, 56.

GOVERNOR OF STATE.— FIFTH TERM. 281

The obliging manner in which you, gentlemen, have
been pleased to make this communication from the
Assembly, demands my thanks, which I beg you to
accept."

1 Journal, 62.

2 For a statement of the rapid recovery of Virginia from the war, and
her prosperity, 1783-8, see Virginia Convention of 1788, by Hugh Blair
Grigsby, Virginia Historical Society publications, 1890.

3 See Defects of the Confederation summed up by Madison, Madison's
Works, i., 320. 4 Madison, id., 322.

282 PATRICK HENRY.

members became irregular, and often the country
was left with no visible depository of the scanty
powers confided to the general government. The
refusal or neglect of the States to comply with its
requisitions, left Congress without means to meet
its obligations, and brought its promises to pay into
contempt. The jealousies of different States caused
the passage of laws imposing duties on internal
trade, and these excited retaliation. It was in the
effort to find a remedy for this that the path
opened to a federal convention.

We have seen the invitation of Virginia, January
21, 1786, to the States, for a meeting of commis
sioners to revise and augment the powers of Con
gress over trade. The meeting was held at Annapo
lis in September, 1786, but only commissioners from
five States attended.1 They determined not to at
tempt the task which required the action of all the
States, and adjourned, after adopting a report drawn
by Alexander Hamilton, a delegate from New York,
which pointed out the fact that, to properly vest in
Congress a power to regulate trade, would require
the revision of the entire articles of confederation,
already proven to be radically defective, and pro
posed a convention of deputies from the States to
investigate and remedy the defects in the general
government.

In the meanwhile other events had happened
which endangered the existence of the Union, and
which must be understood in order to appreciate
the political course of Governor Henry.

The treaty of 1783 was a bitter disappointment
to Spain. She neither regained Gibraltar, nor se-

1 New York, New Jersey, Pennsylvania, Delaware, and Virginia.

GOVERNOR OF STATE.— FIFTH TERM. 283

cured the eastern valley of the Mississippi. Her
court fully shared in the fears concerning the young
republic expressed by Count D'Aranda, and deter
mined if possible to prevent the occupation of this
valley by citizens of the United States. On June
1, 1784, a treaty was entered into at Pensacola by
Miro, the Spanish Governor of Louisiana, and Mc-
Gilvray, the celebrated half-breed chief of the
Creeks, whereby the Spaniards were to furnish
arms and ammunition without limit, and the In
dians were to break up the American settlements
west of the Alleghanies. The able and wily chief,
who has been likened to Talleyrand, designed the
confederation of the Creeks, Seminoles, Chickamau-
gas, Cherokees, Choctaws, and Chickasaws, which
would give him twenty thousand of the bravest
warriors on the continent, and with whom, and the
co-operation of the Northern Indians, he expected
to destroy all the American settlements west of the
mountains. Fortunately, one-half of the Southern
Indians refused to join the coalition.1 McGilvray
now adopted the plan of rendering the settlements
insecure by constant attacks from small parties,
stealing their horses and cattle, destroying their
crops, and murdering all persons found outside of
the forts. By this incessant annoyance he purposed
to drive the settlers back across the mountains. To
further discourage settlements, the King of Spain
announced to Congress, that under no circumstances
would he consent to the navigation of the Missis
sippi by the Americans. Thanks to the brave set-

1 The Cherokees, Choctaws, and Chickasaws, numbering 10,000 war
riors. See, for Mcllvray's plan, The Advance Guard of Western Civili
zation, Gilmore, 83-5.

284 PATRICK HENRY.

tiers west of the mountains, the country was not
only held against the savage foe, but rapidly in
creased in population, and in 1786 there were prob
ably sixty thousand whites in the territory com
prised in the States of Tennessee and Kentucky.
At first they were satisfied to enjoy among them
selves the products of their rich lands, but these
soon exceeded their wants, and transportation over
the mountains to the markets of the East being too
tedious and expensive, they naturally looked to the
great waterways which ran through their lands,
and reached the Gulf at the mouth of the Missis
sippi. When they found this outlet held by an un
friendly nation, which denied them passage, they
were loud in their complaints, and threatened to
drive the Spaniards from the mouth of the Missis
sippi themselves, if Congress afforded them no re
lief. This Congress was in no hurry to do. That
inefficient body either was ignorant of the vast im
portance of the western territory, or unable to pro
tect it ; or, as has been charged, the New England
States feared that their poor lands would be aban
doned by their farmers for the productive bottoms
of the Mississippi and its tributaries, and therefore
desired to discourage settlements upon them.

The result was that the Federal Government,
whose duty it was to protect this territory from
the Indians, contented itself with making a few
treaties, and left the settlers to take care of them
selves as regards the tribes refusing to treat, and to
get to market as best they could.

The occupation by the British of the posts along
the lakes, in violation of their treaty obligations,
was not without a hope of finally regaining the

GOVERNOR OF STATE.— FIFTH TERM. 285

Northwest. British traders went out from them
and industriously circulated the report that the
country was under British domination, which was
the more readily believed because the Americans
had no force in it. The French inhabitants at St.
Vincennes were induced to declare themselves Brit
ish subjects, and to refuse the American settlers
any assistance against the attacks of the hostile In
dians. Colonel Legras, who had been left in com
mand at the post, went so far as to order the Ameri
cans to move away.1 The Wabash and Shawnee
tribes made constant war not only on the Americans
north of the Ohio, but upon the Kentucky settlers as
well. Their warfare was conducted by predatory
parties, attacking at different points, and was insti
gated by the occupants of the British posts. Indeed,
Great Britain seemed to be satisfied that the Ameri
can Union would speedily fall to pieces, and she was
arranging to seize upon the Northwest in the confu
sion and weakness which would ensue.

These Indian troubles gave Governor Henry the
greatest concern, heightened by personal bereave
ment.

In August, 1785, Colonel William Christian had
moved his family to Kentucky, but had not been
pleased with his surroundings, and had determined
to leave the country. He found that his family
was in continual danger from the Indian incursions,
and in order to encourage the punishment of the
marauders, he invariably headed the parties that
went in pursuit. In April, 1786, some Indians
from the Wabash were thus pursued by twenty
men with Colonel Christian as their leader, and

1 MS. letter of John May to Governor Henry. July 14, 1786.

286 PATRICK HENRY.

were followed across the Ohio. They were over
taken by the Colonel and three of his men on the
8th. Without waiting for their companions to
come up, they rushed upon the savages, and in the
conflict both Colonel Christian and Captain Isaac
Keller received mortal wounds.

The intelligence of this sad event was conveyed
to Governor Henry by letters from Kentucky, which
gave a vivid picture of the distressed condition of
the settlers, and their sore need of protection from
the savages. Governor Henry's first thought was of
his bereaved sister, and to her he addressed the
following touching letter, in which tenderness and
piety are so beautifully commingled in the cup of
consolation that he offers :

" RICHMOND, May 15th, 1786.

" I am at a loss how to address you, my dear sis
ter. Would to God I could say something to give
relief to the dearest of women and sisters. My
heart has felt in a manner new and strange to me ;
insomuch that while I am endeavoring to comfort
you, I want a comforter myself. I forbear to tell
you how great was my love for my friend and
brother. I turn my eyes to heaven, where he is
gone, I trust, and adore with humility the unsearch
able ways of that Providence which calls us oif this
stage of action, at such time and in such manner as
its wisdom and goodness directs. We cannot see
the reason of these dispensations now, but we may
be assured they are directed by wisdom and mercy.
This is one of the occasions that calls your and my
attention back to the many precious lessons of piety
given us by our honored parents, whose lives were
indeed a constant lesson and worthy of imitation.
This is one of the trying scenes, in which the Chris-

GOVERNOR OF STATE.— FIFTH TERM. 287

tian is eminently superior to all others and finds a
refuge that no misfortunes can take away. To this
refuge let my dearest sister fly with humble resig
nation. I think I can see some traces of a kind
Providence to you and the children in giving you a
good son-in-law, so necessary at this time to take
charge of your affairs. It gives me comfort to re
flect on this. Pray tell Mr. Bullitt I wish to hear
from him and to cultivate an intimacy with him, and
that he may command any services from me. I
could wish anything remained in my power to do
for you and yours. And if at any time you think
there is, pray let me know it and depend on me to
do it to the utmost. I need not tell you how much
I shall value your letters, particularly now, for I am
anxious to hear from you and how everything goes
on in your affairs. As so few of the family are left
I hope we shall not fail to correspond frequently.
It is natural to me to increase in affection to the
survivors as the number decreases. I am pained on
reflecting that my letters always are penned as dic
tated by the strongest love and affection to you, but
that my actions have not kept pace. Opportunities
being wanting must be the excuse. For indeed, my
dearest sister, you never knew how much I loved
you or your husband. My heart is full — perhaps I
may never see you in this world — oh, may we meet
in that heaven to which the merits of Jesus will
carry those who love and serve him. Heaven will,
I trust, give you its choicest comforts and preserve
your family. Such is the prayer of him who thinks
it his honor and pride to be your affectionate
brother, " P. HENRY.

" To MRS. ANNE CHRISTIAN, Kentucky."

On the next day he addressed letters to the Presi
dent of Congress and the Virginia delegates, relating
the distressed condition of the Kentucky settlements,

288 PATRICK HENRY.

and the danger of a concerted attack upon the whole
western border by the Indians. He reminded Con
gress of its duty to protect this border; of the injus
tice of putting the expense upon Virginia, whose
former expenditures in that behalf were not yet
reimbursed ; and of the inefficiency of the Indian
Department, which had not appointed agents to live
with the Indian tribes who might prevent combina
tions, or give timely warning of hostile intentions,
and which had not even informed him of the tribes
who had entered into treaties with the whites. He
also suggested necessary reforms. To his urgent
letters he received a reply from the delegates, dated
June 8, stating the want of a quorum in Congress,
and intimating the unwillingness on the part of
some of the States, not exposed, to incur the expense
of defending the frontiers of others. To this he re
plied in a letter dated July 5, in which after add
ing other evidence of the imminent danger of a
general Indian war, he insisted upon an immediate
answer to the question, " Will Congress defend and
protect our frontiers ? " in order that he might take
the necessary steps at once to protect the Virginia
border. He pointed out the danger of the western
people separating from the United States in order to
get protection, and the dilemma of the States hav
ing western settlements, which might be called on
either to abandon these settlements or the confeder
ation. He suggested the plan of engaging Indian
tribes, unfriendly to each other, in hostilities, when
some of them are preparing to war upon the whites,
and concluded by reminding; Congress that no corn-

J O O

missioner had appeared on its behalf to adjust the
claims of Virginia for expenses incurred on account

GOVERNOR OF STATE.— FIFTH TERM. 289

of the ceded northwestern territory, though the Vir
ginia commissioner, Colonel Heth, had been in the
pay of the State some time waiting for the Conti
nental agent. And he asked whether Congress in
tended to appoint a commissioner for the purpose.1

Before this last letter reached its destination, the
Governor received a letter from the Secretary of
Congress dated July 3, informing him that the com
mandant on the Ohio had been directed to detach
two companies of infantry to the Falls of the Ohio,
and requesting that the militia of Kentucky be or
dered to co-operate with them in defending the
frontiers. The necessary orders were at once given
to the County Lieutenants of Kentucky, and Colonel
Harmar, as commander of the Continental forces,
w^as informed of the fact. An expedition was or
ganized against the troublesome Indians north of
the Ohio, upon the suggestion of the Governor, and
General George Rogers Clark was put in command
by request of the Kerituckians. He marched in Oc
tober with one thousand Kentucky troops against the
Wabash Indians, but dissipation had clouded his
genius, and soon he lost the confidence of his men,
who refused to follow him, and the expedition had
to be abandoned.2 Fortunately, a party of men un
der Colonel Logan were successful in an attack upon
the Shawnees, and thus the public were somewhat
consoled for the misfortunes of General Clark. It
does not appear that the Continental troops rendered
any aid in these Indian troubles.

But the failure of Congress to protect the west
ern border was not the sole cause of complaint.
In July, 1785, Guardoqui arrived in America as

1 Vol. iii., 362. 2 Butler's History of Kentucky, 153.

290 PATRICK HENRY.

minister from Spain. Mr. Jay was appointed to
arrange the terms of a treaty with him, and was
directed to insist on the territorial boundaries and
the free navigation of the Mississippi as settled by
the treaty with Great Britain. The Spaniard pro
fessed a willingness to grant liberal commercial ad
vantages, on condition that the right to use the
Mississippi was given up. The commercial advan
tages were to accrue mainly to the Eastern and Mid
dle States, while the occlusion of the Mississippi
would not only injure the Southern States, but would
prevent the filling up of the valley, and the admis
sion of new States to counteract the weight of the
Eastern States in Congress. Thus Guardoqui sought
to array one section against the other. Jay pro
posed to Congress to change his instructions, and
to permit him to yield the right to navigate the
Mississippi, the treaty to last for twenty-five or
thirty years.

This Congress attempted to do in secret session,
on August 25, 1786, by a vote of seven States to
five, revoking at the same time the order to con
clude no treaty until it was communicated to Con
gress.1 As this was in the face of the constitutional
provision which required nine States to enter into a
treaty, it was justly deemed revolutionary by the
minority. Jay, however, proceeded to frame an
article in accordance with the instructions of the
seven Northern States.2 But it seems that already
a disposition had manifested itself in the Eastern
States to secede from the Union, which gathered

1 Secret Journal, iv., 109, 110. The vote for rescinding was New
Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New
Jersey, Pennsylvania. 2 Curtis : History of Constitution, i., 318.

GOVERNOR OF STATE.— FIFTH TERM. 291

strength from the determination of the Southern
States to insist on the free navigation of the
Mississippi.1

Information of the action of Congress, and of
the plot to dissolve the Union, was conveyed to
Governor Henry by the following letter of James
Monroe, one of the Virginia delegation. It is of
the deepest interest in throwing light on one of the
absorbing questions of the day, and on the circum
stances which determined the future political course
of Governor Henry.

"NEW YORK, Aug. 12, 1786.

"DEAR SIR: I have wished to communicate for
some time since to you an account of a transaction
here, for your sentiments respecting it, but have
declined from the want of a cypher, that of the
delegation being we fear lost. The affair however
has come to such a crisis and is of such high im
portance to the U. S. and ours in particular, that I
shall risque the communication without that cover.
Jay, you know, is intrusted with the negotiation
with the Spanish resident here for the free naviga
tion of the Mississippi and the boundaries between
Georgia and the Floridas ; his instructions, altho'
they authorize by implication the formation of a
treaty of commerce, confine him expressly with
respect to those points, and prohibit his entering
into any engagement whatever which shall not
stipulate them in our favor. Upon my arrival here
in December last (-having been previously well
acquainted with Mr. Jay), in conversation with
him I found he had agreed with Guardoqui to
postpone the subject of the Mississippi <fcc, in the
first instance, and to take up that of a commercial
treaty ; that in this they had gone so far as that

1 Critical Period of American History, by Fiske, p. 211-

292 PATRICK HENRY.

Mr. Jay was possessed of the principles on which
he would agree to make it, upon condition on our
part of a forbearance of the use of the Mississippi
for 25 or 30 years. I soon found in short that Mr.
Jay was desirous of occluding the Mississippi, and
of making what he termed advantageous terms in
the treaty of commerce the means of effecting it.
Whether he supposed I was of his opinion or not,
or was endeavoring to prevail on me to be so, I can
not tell, but as I expressed no sentiment on the
subject he went further, and observed ' that if the
affair was brought to the view of Congress they
would most probably disagree to it, or if they
should approve the project, conduct themselves so
indiscreetly as to suffer it to become known to the
French and English residents here, and thus defeat
it. To avoid this he said it occurred to him as
expedient to propose to Congress, that a committee
be appointed to controul him in the negotiation, to
stand to him in the room of Congress, and he to
negotiate under the committee. I then reminded
him of the instructions from our state respecting
•the Mississippi to the delegation, &> of the impossi
bility of their concurring in any measures of the
kind. Our communications on this subject ended
from that time. Upon the arrival of Col. Grayson,
I communicated to him all these circumstances, with
my opinions on them. From that time, and I had
reason to believe he had begun even before my
.arrival, we have known of his intriguing with the
members to carry the point. On 27, of May, he
addressed a letter to congress precisely in the senti
ment above, stating difficulties in the negotiation,
.and proposing that ' a committee be appointed with
full power to direct and instruct him on every
point relative to the proposed treaty with Spain.7
As we knew the object was to extricate himself
from the instruction respecting the Mississippi, we

GOVERNOR OF STATE.— FIFTH TERM. 293

of course opposed it. We found be had engaged
the eastern states in the intrigue, especially Mass.;
that New York, Jersey and Pena were in favor of
it, and either absolutely decided, or so much so as
to promise little prospect of change. The committee
proposed by the Secretary was admitted generally
to be without the powers of Congress. Since 9
states only can give an instruction for the formation
of a treaty, to appoint a committee with the powers
of 9 states was agreed to be a subversion of the
government and therefore improper. The letter
however was referred to a committee, who ulti
mately agreed to report, that the committee be dis
charged, and the subject referred to a committee of
the whole, and the secretary ordered to attend.
He did so, and came forward fully with the plan of
a commercial treaty conditioned with the forbear
ance of the use of the Mississippi for 25 or 30
years, with a long written speech, or report, in favor
of it. The project is in a few words this : tl. That
the merchants of America and Spain shall enjoy,
the former in the ports of Spain &> the Canaries,
the latter in those of the U. S. the rights of native
merchants reciprocally. 2. That the same tonnage
shall be paid on the ships of the two parties in the
carriage of the productions & the manufactures of
the 2 countries. 3. That the bona fide manufac
tures and productions of the United States (tobacco
only excepted, which shall continue under its
present regulations) may be imported in American
or Spanish vessels into any of his majesty's ports
aforesaid, in like manner as if they were the pro
ductions of Spain. And on the other hand that
the bona fide manufactures and productions of his
majesty's dominions may be imported into the U. S.
in Spanish or American vessels, in like manner as if
they were those of the said states. And further
that all such duties and imposts as may mutually

294 PATRICK HENRY.

be thought necessary to lay on them by either party
shall be ascertained & regulated on principles of
exact reciprocity, by a tariff to be formed by a con
vention for the purpose, to be negotiated & made
within one year after the exchange of the ratifica
tion of this treaty, and in the meantime that they
shall severally pay in the ports of each other the
duties of natives only. 4. Masts and timber shall
be bought here for the royal navy, provided that
upon their carriage to Spain they shall cost no
more than if they were bought elsewhere. 5. That
in consideration of these advantages to the U. S.
they agree to forbear the use of the Mississippi for
25 or 30 years, the term for which the treaty shall
last.' This treaty independent of the sacrifice, I
consider as a very disadvantageous one, and such as
we should not accept, since it in reality gains us
nothing, and subjects to very high restrictions, such
as exist in none of our other treaties, altho' they are
in effect bad enough. But they are to be justified,
especially those of France and Holland, in the
motives which led to them, to bring those powers
into the war. The subject was referred to a com
mittee of the whole on Thursday last, who after
debate rose and reported that they have corne to no
decision, and require leave to sit again. The delega
tion of Mass, moved in committee that the ultima
tum in his instructions respecting the Mississippi be
repealed, in which event he would have unlimited
powers to act at pleasure. This they said might
be carried by 7 states. We observed, that without
the ultimatum the instruction would be a new one,
and of course 9 states necessary to it. The subject
will again be taken up in a few days. It appears
manifest they have 7 states, and we 5, Maryland
inclusive with the southern states. Delaware is
absent. It also appears that they will go on under
7 states in the business, and risque the preservation

GOVERNOR OF STATE.— FIFTH TERM. 295

of the confederacy on it. We have, and shall throw
every possible obstacle in the way of the measure,
protest against the right of 7 either to instruct or
ratify, & give information of this to Mr. Jay and
the Spanish resident, so that neither may be
deceived in the business. This is one of the most
extraordinary transactions I have ever known, a
minister negotiating expressly for the purpose of
defeating the object of his instructions, and by a
long train of intrigue and management, seducing
the representatives of the states to concur in it. It
is possible some, or perhaps one, in which case it
will be every member, may change his sentiments,
but as he risqued his reputation upon carrying it, it
is to be presumed he had engaged them too firmly
in the business to leave a possibility of their forsak
ing him. This however is not the only subject of .»
consequence I have to engage your attention to.
Certain it is that committees are held in this town
of eastern men, and others of this state, upon the
subject of a dismemberment of the states east of
the Hudson from the union, and the erection of
them into a separate government To what lengths
they have gone I know not, but have assurance as
to the truth of the above position, with this addi
tion to it, that the measure is talked of in Mass,
familiarly, and is supposed to have originated there.
The plan of the government in all its modifications
has even been contemplated by them. I am per
suaded these people who are in Congress from that
state (at the head of the other business) mean that
as a step toward the carriage of this, as it will so
displease some of them as to prepare the states for
this event. I am thoroughly persuaded the govern
ment is practicable, and with a few alterations the
best that can be devised. To manage our affairs
to advantage under it and remedy these defects, in
my opinion, nothing is wanting but common sense

296 PATRICK HENRY.

and common honesty, in both of which necessary
qualifications we are, it is to be lamented, very
defective. I wish much your sentiments upon these
important subjects. You will necessarily consider
this as under an injunction of secrecy, and confide
it to none in whom the most perfect confidence may
not be reposed. If any benefit may result from it,
I should have no objection to your presenting it to
the view of Council. Of this you will judge.
Clearly I am of opinion it will be held connected
with other objects, and perhaps with that upon
which the convention will sit at Annapolis. On
the part of the delegation we can give you similar
information, except as to what passed between Mr.
Jay and myself ; will it be necessary ? Of one
point I have a perfect conviction, and upon this
the rest of the delegation will perhaps not write
you so freely as myself, which is this, that the
Legislature should be convened at a time sufficiently
early to elect members to take their seats precisely
on the day that those of the present delegation
expire ; affairs are in too close <fe critical a situation
for the state to be unrepresented a day, & eminent
disadvantages may result from it. They did from
this circumstance during the last year. Let me
hear from you upon these subjects as soon as pos
sible, and believe me with great respect and esteem
your friend and servant,

" JAS. MONEOE.

*' To His Excellency GOVR. PATRICK HENRY.

" P.S. The object in the occlusion of the Missis
sippi on the part of these people, so far as it is ex
tended to the interests of their States (for those of
a private kind gave birth to it) is to break up so
far as this will do it, the settlements on the western
waters, prevent any in future, and thereby keep the

GOVERNOR OF STATE.— FIFTH TERM. 297

States southw'd as they now are, or if settlements
will take place that they shall be on such principles
as to make it the interest of the people to separate
from the Confederacy, so as effectually to exclude
any new State from it. To throw the weight of
population eastward and keep it there, to appreci
ate the vacant lands of New York and Massachu
setts. In short, it is a system of policy which has
for its object the keeping the weight of government
and population in this quarter, and is proposed by
a set of men so flagitious, unprincipled, and de
termined in their pursuits, as to satisfy me beyond
a doubt they have extended their views to the dis
memberment of the gov't., and resolved either that
sooner than fail it shall be the case, or being only
desirous of that event have adopted this as the ne
cessary means of effecting it. In conversations at
which I have been present, the eastern people talk
of a dismemberment so as to include Penna. (in
favor of wh. I believe the present Delegation, Petit
and Bayard, who are under the influence of eastern
politics would be), and sometimes all the States
south to the Potomac. Although a dismemberment
should be avoided by all the States, and the con
duct of wise and temperate men sho'd have in view
to prevent it, yet I do consider it as necessary on
our part to contemplate it as an event which may
possibly happen, and for which we sho'd be guarded
—a dismemb't. wh. wo'd throw too much strength
into the eastern division should be prevented. It
should be so manag'd (if it takes place) either that
it sho'd be form'd into three divisions, or if into two,
that Penna. if not Jersey sho'd be included in ours.
Be assur'd as to all the subjects upon wh. I have
given information about, ifc hath been founded on
authentic documents. I trust these intrigues are
confm'd to a few only, but by these men I am as
sur'd they are not; whatever anxiety they may give

298 PATRICK HENRY.

you I am persuaded it cannot be greater than that
wh. I have felt. J. M.

"To GOVERNOR P. HENRY."

Upon the receipt of this letter Mr. Henry, ap
preciating the danger of the situation, exerted him
self to defeat the proposed treaty, in so far as it
provided for the relinquishment of the Mississippi.
He not only earnestly protested through the Vir
ginia delegates in Congress, but he warned the peo
ple of Kentucky of their danger, and urged them
to take steps to protect their rights.1

In the meantime an event took place in the Mis
sissippi country which added greatly to the dangers
of the situation. A trader, named Amis, attempted
to carry a cargo down the river to New Orleans. His
boat and goods were seized by the Spanish officer in
command at Natchez, and he left to return to his
home on foot. As he slowly made his way back,
he spread the account of his wrongs, and when the
Western people had become greatly excited by the re
cital, the exaggerated report reached them that Con
gress had concluded a treaty with Spain by which
the river was to be closed indefinitely. Their indig
nation knew no bounds, and they began to take steps
to take care of themselves. Meetings were held, and

committees of correspondence were formed. Retali
ation was made upon some Spanish goods at St.
Vincennes by General Clark, and plans were laid to
prevent the Spaniards from navigating the upper
Mississippi, and to organize an expedition under
General Clark, to drive them from the lower river.2

1 Vol. iii., 380.

2 Letter of Thomas Green to Governor of Georgia, Dec. 31, 1786 ;
among Virginia Archives.

GOVERNOR OF STATE.— FIFTH TERM. 299

The proposed surrender of the Mississippi excited
indignation in every part of Virginia. The House
of Delegates on November 29, 1786, expressed this
feeling in the following resolutions, unanimously
adopted, on reading a memorial on the subject pre
sented by the members from Kentucky.

" Resolved, That the common right of navigat
ing the river Mississippi, and of communicating with
other nations through that channel, ought to be con
sidered 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 more
over secured to them by the late revolution.

"Resolved, 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 gov
ernment was instituted, and an alarming innovation
in the system of the Union ;

" Resolved, That the delegates representing this
State in Congress ought to be instructed in the most
decided terms to oppose any attempt that may be
made in Congress to barter or surrender to any na
tion whatever the right of the United States to the
free and common use of the river Mississippi, and
to protest against the same, as a dishonorable de
parture from that comprehensive and benevolent
policy which constitutes the vital principle of the
Confederacy ; as provoking the just resentments
and reproaches of our western brethren, whose es
sential rights and interests would be thereby sacri
ficed and sold ; as destroying that confidence in the
wisdom, justice and liberality of the Federal Coun-

300 PATRICK HENRY.

cils which is so necessary at this crisis, to a proper
enlargement of their authority ; and finally, as tend
ing to undermine our repose, our prosperity, and our
union itself : and that the said delegates ought to
be further instructed to urge the proper negotia
tions with Spain, for obtaining her concurrence in
such regulations touching the mutual and common
use of the said river, as may secure the permanent
harmony and affection of the two nations : and
such as the wise and generous policy of His Cath
olic Majesty will perceive to be no less due to the
interests of his own subjects, than to the just and
friendly views of the United States."

As no one had a higher appreciation of the value
to the Union of the Mississippi and the contiguous
country, so no one felt the action of the Northern
States more keenly than Governor Henry. He had
induced Virginia to make common cause with New
England in the beginning of the Revolution; had
urged the confederation of the States, and the ced
ing of the northwestern territory to cement it; and
when the articles had proved defective, had been the
champion of amendments to strengthen the Federal
power. That the Northern States, for which Vir
ginia had done so much, should, from a purely selfish
policy attempt to barter away the navigation of the
Mississippi, so valuable to her, at the risk of losing
the all-important Western country and dividing the
Union, was a shock to him indeed. The correspond
ence of the day indicates the impression made on him
by the proposed relinquishment. Madison wrote to
Washington from Richmond, December 7, 1786 :

"I am entirely convinced, from what I observe
here, that unless the project of Congress for ceding

GOVERNOR OF STATE.— FIFTH TERM. 301

to Spain the Mississippi for twenty-five years, 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
by 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." 1

And John Marshall wrote to Arthur Lee, March
5, 1787:

" Mr. Henry, whose opinions have their usual in
fluence, has been heard to say that he would rather
part with the confederation than relinquish the
navigation of the Mississippi." 2

Mr. Henry made frequent allusion to the subject
on the floor of the Virginia convention of 1788, and
in terms which plainly indicated the distrust of the
Northern States which their conduct had engendered
in his bosom.

Washington was not so greatly impressed with
the importance to the Union of the Mississippi, re
lying as he did on connecting the West and the East
by canals, and fearing that trade down that river
might weaken the ties which bound the two sections
together.3 But experience has shown that Mr.
Henry's views were the more correct. The water
ways designed by Washington were never completed,
and the free navigation of the Mississippi, finally
secured under the new government, soon peopled
the Mississippi Valley with a population loyal to

1 Madison's Works, i., 264. * Life of Arthur Lee, ii., 321.

3 Writings, ix., 63-65 ; 117-119.

302 PATRICK HENRY.

the Union. Even now, when the introduction of
railroads has bound the East and West together in a
manner never anticipated, the great river is still an
invaluable channel of commerce for the States along
its banks.

It is to the lasting honor of Virginia that the ir
ritation caused by the proposed Spanish treaty did
not prevent her from acting on the recommendation
of the Annapolis Convention. On November 9, the
House passed the bill for the appointment of seven
commissioners to attend the proposed convention, to
join "in devising and discussing all such alterations
and further provisions as may be necessary to ren
der "the federal constitution adequate to the exigen
cies of the Union," their work to be subject to the
approval of Congress and the several States.

On December 4, following the delegates were se
lected by the Legislature, and the order in which
their names appear indicates the relative vote re
ceived by them. They were George Washington,
Patrick Henry, Edmund Randolph, John Blair,
James Madison, George Mason, and George Wythe.
Washington received a unanimous vote.1 Thomas
Nelson, Jr., Isaac Zane, Meri wether Smith, Benja
min Harrison, and John Page were put in nomina
tion and defeated.2 The term of Governor Henry
had expired on November 30, and more than a
month before he had indicated a purpose tc retire
from the office in the following letter :

" October 28th, 1786.

" SIR : The time for which the last assembly were
pleased to elect me to the office of Governor, will

1 Letter of Governor Randolph to Washington covering appointment.
• Senate Journal, December 4, 1780.

GOVERNOR OF STATE.— FIFTH TERM. 303

expire next month. A new election of some person
to fill that place is therefore near at hand. And as
a variety of circumstances concur to render retire
ment necessary for me, I beg you will be pleased to
inform the Assembly that it is my request to them,
that I may not stand in the nomination for the en
suing year. I embrace this opportunity of present
ing to the Assembly my best acknowledgements for
their past favours to me, assuring them of my ardent
prayers, that their endeavours- for the prosperity of
the commonwealth may be crowned with success.
"With great respect, I am sir,

u Your most obedient servant,

" P. HENRY.

*' To the Honorable SPEAKER OF THE HOUSE OP DELEGATES."

A few days before the expiration of his term the
House of Delegates

" Resolved unanimously, that a committee be ap
pointed to wait on his Excellency the Governor, and
present him with the thanks of this House, for his
prudent and upright administration, during his last
appointment of Chief Magistrate of this common
wealth ; 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." *

The committee were Messrs. Nelson, Corbin,
Madison, Page, Bland, Bernard Moore, and Richard
Bland Lee. On the 28th they reported the follow
ing graceful reply from Governor Henry.

" GENTLEMEN : The House of Delegates have
done me distinguished honor by the resolution they
have been pleased to communicate to me through
you ; I am happy to find my endeavors to discharge

1 Journal for November 25, 1786.

304 PATRICK HENRY.

the duties of my station met with their favorable
acceptance.

" The approbation of my country is the highest re
ward to which my mind is capable of aspiring ; and
I shall retire to private life highly gratified in the
recollection of this instance of regard shown me by
the House, having only to regret that my abilities
to serve my country have come so far short of my
wishes.

" At the same time that I make my best acknowl
edgements to the House for their goodness, I beg
leave to express my particular obligations to you,
gentlemen, for the polite manner in which this com
munication is made me." 1

Similar resolutions were unanimously passed by
the Senate on November 28, and to them a like
reply was made on the 30th.2

In his letter declining a re-election Governor
Henry stated that " a variety of circumstances con
cur to render retirement necessary to me." Some
of these we are able to discover. His family was a
large one, and his salary had not been sufficient to
support it, and in addition he had purchased or lo
cated several large tracts of land. In consequence
he had become embarrassed with debt,3 and was
forced to devote more of his time to his private
affairs. His family consisted of eleven children,
five of whom were by the last marriage, and of ten
der age. Several of the older had been settled in
life and liberally advanced, and during the year
1786 two daughters were married — Anne to Spen
cer Roane on September 7, and Elizabeth to Philip
Aylett in the month following. In addition, though

1 Journal of House. 2 Journal of Senate.

3 Letter of Spencer Roane to Mr. Wirt.

GOVERNOR OF STATE— FIFTH TERM. 305

only fifty years of age, his health had greatly de
clined.

He determined now to remove to the county of
Prince Edward, where he would be near Hampden
Sidney College, and could complete the education
of his younger sons.

Spencer Roane, who married Anne Henry, had
served in the Legislature and Council with Governor
Henry, and given promise of the distinction which
he afterward attained as a member of the Court of
Appeals. Upon the marriage of this daughter her
father wrote her the following letter, which may
well challenge comparison with any similar pro
duction in the language.

" MY DEAR DAUGHTER : You have just entered
into that state which is replete with happiness or
misery. The issue depends upon that prudent,
amiable, uniform conduct, which wisdom and vir
tue so strongly recommend on the one hand, or on
that imprudence which a want of reflection or pas
sion may prompt on the other.

" You are allied to a man of honor, of talents, and
of an open, generous disposition. You have, there
fore, in your power all the essential ingredients of
happiness : it cannot be marred, if you now reflect
upon that system of conduct which you ought in
variably to pursue — if you now see clearly the path
from which you will resolve never to deviate. Our
conduct is often the result of whim or caprice—
often such as will give us many a pang, unless we
see beforehand what is always the most praise
worthy, and the most essential to happiness.

" The first maxim which you should impress upon
your mind is never to attempt to control your hus
band, by opposition, by displeasure, or any other

306 PATRICK HENRY.

mark of anger. A man of sense, of prudence, of
warm feelings, can not, and will not, bear an oppo
sition of any kind, which is attended with an angry
look or expression. The current of his affections is
suddenly stopped ; his attachment is weakened ;
he begins to feel a mortification the most pungent ;
he is belittled in his own eyes ; and be assured the
wife who once excites those sentiments in the breast
of a husband, will never regain the high ground
which she might and ought to have retained.
When he marries her, if he be a good man, he ex
pects from her smiles, not frowns ; he expects to
find her one who is not to control him — not to
take from him the freedom of acting as his own
judgment shall direct, but one who will place such
confidence in him, as to believe that his prudence
is his best guide. Little things, that in reality are
mere trifles in themselves, often produce bickerings,
and even quarrels. Never permit them to be a
subject of dispute ; yield them with pleasure, with
a smile of affection. Be assured one difference
outweighs them all a thousand, or ten thousand
times. A difference with your husband ought to
be considered as the greatest calamity — as one that
is to be most studiously guarded against ; it is a
demon which must never be permitted to enter a
habitation where all should be peace, unimpaired
confidence, and heartfelt affection. Besides, what
can a woman gain by her opposition or her in
difference ? Nothing. But she loses everything ;
she loses her husband's respect for her virtues, she
loses his love, and with that, all prospect of future
happiness. She creates her own misery, and then
utters idle and silly complaints, but utters them in
vain.

" The love of a husband can be retained only by
the high opinion which he entertains of his wife's
goodness of heart, of her amiable disposition, of the

GOVERNOR OF STATE— FIFTH TERM. 307

sweetness of her temper, of her prudence, of her de
votion to him. Let nothing upon any occasion ever
lessen that opinion. On the contrary, it should aug
ment every day ; he should have much more reason
to admire her for those excellent qualities which
will cast a lustre over a virtuous woman, whose
personal attractions are no more.

" Has your husband stayed out longer than you
expected ? When he returns, receive him as the part
ner of your heart. Has he disappointed you in
something you expected, whether of ornament, or
furniture, or any convenience ? Never evince dis
content ; receive his apology with cheerfulness.
Does he, when you are housekeeper, invite company
without informing you of it, or bring home with
him a friend '\ Whatever may be your repast, how
ever scanty it may be, however impossible it may
be to add to it, receive them with a pleasing coun
tenance, adorn your table with cheerfulness, give to
your husband and to your company a hearty wel
come ; it will more than compensate for every other
deficiency; it will evince love to your husband,
good sense in yourself, and that politeness of man
ners which acts as the most powerful charm. It
will give to the plainest fare a zest superior to all
that luxury can boast. Never be discontented on
any occasion of this nature.

" In the next place, as your husband's success in
his profession will depend upon his popularity, and
as the manners of his wife have no little influence in
extending or lessening the respect and esteem of
others for her husband, you should take care to be
affable and polite to the poorest as well as the rich
est. A reserved haughtiness is a sure indication of
a weak mind and an unfeeling heart.

" With respect to your servants, teach them to
respect and love you, while you expect from them
a reasonable discharge of their respective duties.

308 PATRICK HENRY.

Never tease yourself, or them, by scolding ; it has
no other effect than to render them discontented and
impertinent. Admonish them with a calm firmness.

" Cultivate your mind by the perusal of those
books which instruct while they amuse. Do not
devote much of your time to novels ; there are a
few which may be useful and improving in giving a
higher tone to our moral sensibility ; but they tend
to vitiate the taste, and to produce a disrelish for
substantial intellectual food. Most plays are of the
same cast, they are not friendly to the delicacy
which is one of the ornaments of the female char
acter. History, geography, poetry, moral essays,
biography, travels, sermons, and other well-written
religious productions, will not fail to enlarge your
understanding, to render you a more agreeable com
panion, and to exalt your virtue. A woman devoid
of rational ideas of religion, has no security for her
virtues ; it is sacrificed to her passions, whose voice,
not that of God, is her only governing principle.
Besides, in those hours of calamity to which fam
ilies must be exposed, where will she find support,
if it be not in the just reflections upon that all-rul
ing Providence which governs the universe, whether
inanimate or animate ?

" Mutual politeness between the most intimate
friends, is essential to that harmony which should
never be once broken or interrupted. How impor
tant, then, is it between man and wife ? The more
warm the attachment, the less will either party bear
to be slighted, or treated with the smallest degree
of rudeness or inattention. This politeness, then, if
it be not in itself a virtue, is at least the means of
giving to real goodness a new lustre ; it is the
means of preventing discontent and even quarrels ;
it is the oil of intercourse, it removes asperities, and
gives to everything a smooth, an even, and a pleas
ant movement.

GOVERNOR OF STATE— FIFTH TERM. 309

" I will only add, that matrimonial happiness does
not depend upon wealth ; no, it is not to be found
in wealth ; but in minds properly tempered and
united to our respective situations. Competency is
necessary. All beyond that point is ideal. Do not
suppose, however, that I would not advise your
husband to augment his property by all honest and
commendable means. I would wish to see him
actively engaged in such a pursuit, because engage
ment, a sedulous employment, in obtaining some
laudable end, is essential to happiness. In the at
tainment of fortune, by honorable means, and par
ticularly by professional exertion, a man derives
particular satisfaction, in self-applause, as well as
from the increasing estimation in which he is held
by those around him.

" In the management of your domestic concerns,
let prudence and wise economy prevail. Let neat
ness, order, and judgment be seen in all your differ
ent departments. Unite liberality with a just fru
gality ; always reserve something for the hand of
charity ; and never let your door be closed to the
voice of suffering humanity. Your servants, in par
ticular, will have the strongest claim upon your
charity ; let them be well fed, well clothed, nursed
in sickness, and let them never be unjustly treated."

CHAPTER XXXV.

UNITED STATES CONSTITUTION.— 1787-88.

Mr. Henry Declines the Appointment to the Federal Convention.
— Washington with Difficulty Prevailed on to Attend. — Im
portant Political Events in the North and West Demonstrat
ing the Weakness of the Confederation. — England and Spain
Expecting a Dissolution of the Union. — Meeting of the Conven
tion.— The Plan of Government Proposed by the Virginia Del
egates. — The Constitution the Kesult of Compromises. — Wash
ington Sends Mr. Henry a Copy. — His Eeply.— Meeting of Vir
ginia Legislature. — Anxiety as to Mr. Henry's Attitude Toward
the Proposed Constitution. — He Declares for Amendments. —
He Shapes the Action of the Assembly in Calling a Convention.
— Remarkable Exhibition of His Power in Debate, in Defeat
ing the Proposal to Eepeal Laws in Conflict with the British
Treaty. — Carries Eesolutions as to the Mississippi. — Action as
to Paper Money and Tariff on Liquors, etc. — Mr. Henry Ee-
turns to the Practice of Law. — Discussion of the Federal Con
stitution. — Position of Washington. — Action of the First State
Convention which Met.

THE election of Mr. Henry as a deputy to the Con
stitutional Convention after his declared intention
to retire from public life, was a remarkable attesta
tion of the appreciation in which his talents were
held by his countrymen. This was further evi
denced by the following letter of Governor Ran
dolph, who, as his successor in office, enclosed him a
copy of the act and of his appointment :

"RICHMOND, VA., December 6, 1786.

" SIR : Under the sanction of the enclosed act
and resolution, I am officially to request what, as a

UNITED STATES CONSTITUTION. 311

citizen, I most sincerely wish, your presence at the
federal convention at Philadelphia. From the expe
rience of your late administration, you must be
persuaded that every day dawns with perils to the
United States. To whom, then, can they resort for
assistance with firmer expectation, than to those who
first kindled the Revolution? In this respectable
character you are now called upon by your country.
You will therefore pardon me for expressing a fear
that the neglect of the present moment may termi
nate in the destruction of Confederate America. I
have the honor to be, &c.

"EDMUND RANDOLPH.

" To PATRICK HENRY, ESQ."

To this Mr. Henry replied :

"PRINCE EDWARD, Feby. 13, 1787.

" SIE : Your Excellency's favor accompanying the
resolution and act of the Assembly, for appointing
commissioners for this State to meet with others
from the United States, at Philadelphia, in May
next, for the purpose therein mentioned, did not
reach me until very long after its date, or I should
have acknowledged it sooner. And it is with much
concern that I feel myself constrained to decline
acting under this appointment, so honorable to me
from the objects of it as well as the characters with
whom I am joined. I have judged it my duty to
signify this to your Excellency by the first oppor
tunity, in order, as much as possible, to prevent the
loss of time in making another appointment.

" With the highest regard, I am, sir,

" Your Excellency's most obedient
and very humble servant.

" P. HENRY.

" To His Excellency, THE GOVERNOR."

314 PATRICK HENRY.

cause, and had no sympathy with the objects of the
proposed Convention.1 This is disproved, not only
by Mr. Madison's contemporaneous statement of his
position anterior to this time, but by the fact that
in the Convention of Virginia in 1788, he did not
oppose an increase of Federal power, but his effort
was to throw proper safeguards around the rights
of the States and of the people, while vesting the
general government with ample strength. Mr.
Rives's doubt of Mr. Henry's sincerity is, therefore,
wholly gratuitous.

Whatever may have been the reasons which pre
vented his attendance in Philadelphia, however, his
absence from the Convention must ever be re
gretted. It cannot be doubted that he would have
impressed himself upon its work, and at least saved
much of the subsequent struggle for amendments.

The vacancy created by Mr. Henry's declining to
act, was first offered to General Nelson, and next to
Richard Henry Lee, and upon both of these declin
ing, it was filled by the appointment of Dr. James
McClurg.2 Washington at first declined his ap
pointment, which was the more remarkable as he
had been one of the first and most persistent advo
cates of a revision of the Confederation. Fortu
nately his scruples were overcome by the influence
of Governor Randolph and other friends, and he
gave the weight of his great name, and the wisdom
of his counsels, to the important assembly which
was called into existence by Virginia.

The documents referred to in the letter of Gov
ernor Randolph to Mr. Madison of March 1, were
communications from Kentucky, including an inter-

1 Rives's Madison, ii., 239-241. 2 Edmund Randolph, by Conway, GO, 68.

UNITED STATES CONSTITUTION. 315

cepted letter of Thomas Green to the Governor
of Georgia, denouncing the supposed action of Con
gress, and disclosing a design to make war upon the
Spanish possessions on the Mississippi under the
leadership of General George Rogers Clark. Gov
ernor Randolph at once took steps to prevent this,
and General Clark was required to explain his ac
tion at St. Vincennes in seizing Spanish property,
and his connection with the proposed expedition
against the Spaniards. This he did by disclaiming
all intention to make war on Spain, and all knowl
edge of the contents of Green's letter.1

The excitement in the Mississippi Valley was
greatly quieted by the spirited action of the Vir
ginia Legislature, and by the Spanish authorities
allowing General James Wilkinson, now a resident
of Kentucky, to trade freely with New Orleans by
the way of the river.

This dangerous man had obtained this privilege
by secretly agreeing to aid the Spanish Government
to possess itself of the Mississippi Valley. He
agreed "to deliver up Kentucky into his Majesty's
hands," and his plan was to induce the inhabitants
to declare themselves independent of the United
States, on the ground of lack of protection by them,
and then to ally themselves with Spain, on condi
tion of being allowed the free use of the river.
Gardoqui approached John Brown, the Kentucky
commissioner to Congress, on the subject,2 and sent
Dr. James White, a member of Congress, to Sevier
with a similar proposal for Tennessee.

1 MS. Records in State Archives. 2 Butler's Kentucky, 171-72. See
The Political Beginnings of Kentucky, by John Mason Brown, which
gives Brown's letter about this, and is an able defence of his conduct re
garding it. Also The Spanish Conspiracy, a reply by T. M. Green.

316 PATRICK HENRY.

Sevier, though then a proscribed man for the
part he had taken in organizing the State of
Franklin, was no traitor to his country, and he
at once sent an express to Colonel Shelby, of Ken
tucky, warning him of the plot to carry the West
into the embrace of Spain. Shelby, with the aid
of Colonel Thomas Marshall, Judge Muter, and
other patriots, was able to defeat the design of
Wilkinson in Kentucky.1 But had not Congress,
alarmed by the threatened danger, abandoned the
effort to conclude the Spanish treaty with a pro
vision for the occlusion of the Mississippi, there
can be little doubt that the people of Kentucky and
Tennessee would have declared themselves indepen
dent of the United States, and probably in doing so
carried with them the Southern States.2

Not only the intense excitement which was
aroused in the South and West, but the serious
dangers which threatened them at home, finally de
termined the Northern States to abandon the pro
posed Spanish treaty, and endeavor to strengthen
the Union. During the year 1786 a strong spirit
of agrarianism manifested itself in New England,
and threatened to overturn all government. It was
sought to annihilate all debts, and issue paper
money, which should be legal tender in all trans
actions.

In Rhode Island the government was virtually
controlled by this agrarian spirit, while in Massa
chusetts, Connecticut, Vermont, and New Hamp
shire it showed considerable strength. The most

1 An interesting account is given of the traitorous designs of General
Wilkinson in chapter vii. of The Advance Guard of Civilization, by
James R. Gilmoi-e.

'2 See opinion of Jefferson, Curtis's History of Constitution, i. , 321.

UNITED STATES CONSTITUTION. 317

dangerous manifestation was in Massachusetts.
There the movement took the shape of resistance to
the judicial authorities, and a regular rebellion
broke out headed by an old soldier, Daniel Shays.
The insurgents undertook to prevent the courts
from sitting. By the firmness of Governor James
Bowdoin the rebellion was finally put down by
State troops in February, 1787. Congress looked
on utterly helpless to aid the State, had it been
necessary to do so in order to preserve her gov
ernment. There can be little doubt that the Brit
ish authorities were in communication with the in
surgents, and endeavored by offers of protection
to win them to that government.1 Thus Spain and
England, expecting a dissolution of the Union,
were plotting to divide its territory between them
selves, and were attempting to hasten the ex
pected end of the experiment of republican govern
ment in America. But out of the nettle, danger, the
flower, safety, was plucked. The multiplied dangers
which beset the country overcame the opposition to
a reform of the Constitution, except in Rhode
Island, and delegates from twelve States met in
Philadelphia in the convention, which commenced
its sessions May 25, 1787. Sitting with closed
doors, the difficulties with which this celebrated
body had to contend could not be appreciated by
the country till years afterward, when its Journal
and notes of its debates were published. Wash
ington was chosen its presiding officer, and by his
wisdom, moderation, and exalted patriotism, was
most efficient in leading the body to the happy

1 MS. Letter of Edward Carrington, Member of Congress, to Governor
Randolph, December 8, 1780, in State Archives.

318 PATRICK HENRY.

issue which closed their labors, on September
17.

The business of the Convention was opened by
the proposal of an outline of government, agreed on
by the Virginia delegation and presented through
Governor Randolph. Its distinguishing feature was
a proposal to set aside the articles of confederation,
and establish instead, " a National government, con
sisting of a supreme legislative, executive, and ju
diciary." l Upon this basis the Constitution was
constructed and the new and difficult problem was
attempted to be solved, of framing a supreme federal
government, acting directly upon the people, without
unduly restricting the sovereignty of the several
States. The instrument framed was a succession of
compromises between the conflicting views of patri
otic men, who labored to construct a government
wrhich would save to posterity the results of the
Revolution, in such eminent danger of being utterly
lost. But the work, when completed, was probably
not entirely satisfactory to any one of the leading
men of the body. Several of these left the Conven
tion after the principles of the instrument were de
termined on, and three of those present on the last
day refused to sign it, Elbridge Gerry, George
Mason, and Edmund Randolph. Washington, Frank
lin, Hamilton, and Gouverneur Morris, have left on
record the fact that the Constitution was not ap
proved in all of its parts by them. Doubtless,
Franklin spoke the sentiments of the overwhelming
majority of the Convention, when he said on the
last day : " Several parts of this Constitution I do

1 Journal of Convention for May 30, 1787. The word " National " was
stricken out by a unanimous vote, June 20.

UNITED STATES CONSTITUTION. 319

not at present approve, but I am not sure I shall
never approve them. It astonishes me to find this
system approaching so near to perfection. I con
sent to this Constitution because I expect no better,
and because I am not sure that it is not the best.
The opinions I have had of its errors I sacrifice to
the public good."

There can be little doubt that the ordinance of
Congress for the government of the northwestern
territory, which prohibited slavery therein, and was
adopted July 13, 1787, had much to do in. bringing
the work of the Convention to its issue.

Upon returning to Mount Vernon, Washington
enclosed copies of the Constitution to several of the
prominent men of the country, among them to Mr.
Henry. The following accompanying letter shows
his anxiety for its adoption, though not all he could
wish,1 and his solicitude to number Mr. Henry
among its advocates.

"MOUNT VERNON, 24 September, 1787.

a DEAR SIB : In the first moment after my re
turn, I take the liberty of sending to you a copy of
the constitution, which the federal convention has
submitted to the people of these States. I accom
pany it with no observations. Your own judgment
will at once discover the good and the exceptionable
parts of it ; and your experience of the difficulties,
which have ever arisen when attempts have been
made to reconcile such a variety of interest and
local prejudices, as pervade the several States, will
render explanation unnecessary. I wish the consti-

1 In a letter to Ed. Randolph, January 8, 1778, in Writings of Washington,
ix., 297, he wrote, " There are some things in the new form, I will read
ily acknowledge, which never did, and I am persuaded never will, obtain
my cordial approbation."

320 PATRICK HENRY.

tution, which is offered, had been more perfect ; but
I sincerely believe it is the best that could be ob
tained at this time. And, as a constitutional door
is opened for amendments hereafter, the adoption of
it, under the present circumstances of the Union, is
in my opinion desirable.

u From a variety of concurring accounts it appears
to me, that the political concerns of this country are
in a manner suspended by a thread, and that the
convention has been looked up to, by the reflecting
part of the community, with a solicitude that is
hardly to be conceived; and, if nothing had been
agreed on by that body, anarchy would soon have
ensued, the seeds being deeply sown in every soil.
I am, &c.,

" GEO. WASHINGTON.

" To PATRICK HENRY, ESQ."

It was under the strongest sense of duty, and
with the greatest pain, that Mr. Henry felt con
strained to pen the following reply to the man he
had so long admired and revered.

" KICHMOND, October 19th, 1787.

" DEAR SIB : I was honor'd by the Rec* 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 Con
cern I feel on this account is really greater than I
am able to express. Perhaps mature Reflections
may furnish me Reasons to change my present
Sentiments into a Conformity with the opinions of

UNITED STATES CONSTITUTION. 321

those personages for whom I have the highest Rev
erence. Be that as it may, I beg you will be per
suaded of the unalterable Regard & attachment
with which I ever shall be,
u dear Sir,

" Your obliged & very

" humble Servant,

" P. HENRY.

"GENL. WASHINGTON."

This letter was written a few days after the meet
ing of the Legislature, to which Mr. Henry had
been elected as a delegate from Prince Edward
County. It shows that he was fully alive to the
importance of the great question upon which the
country was now called upon to act, and was giv
ing it his deepest thought, without having arrived
at a definite conclusion. He was watched with
great solicitude by the friends of the new system.1
On October 24, Madison wrote from New York
to Jefferson at Paris, enclosing a copy of the Con
stitution, and forecasting its prospects. Pie said :
" The part which Mr. Henry will take is un
known 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." On Novem
ber 1, he adds, that a letter just received from Mr.
A. Stuart, informs him that, " Mr. Henry, General
Nelson, W. Nelson, the family of Cabells, St.
George Tucker, John Taylor, and the Judges of the
General Court, except P. Carrington, are opposed

1 See letter of Washington to Madison, October 10, 1787, and reply of

Madison, October 18.
21

322 PATRICK HENRY.

to it." * The reply of Mr. Jefferson showed that
he was also among the objectors to the new sys
tem.2

On October 25, Mr. Corbin introduced resolu
tions for the call of a convention to ratify or re
ject the proposed Constitution, according to the
recommendation of Congress. He spoke with ap
probation of the new plan. When he sat down Mr.
Henry rose to oppose the resolution as it then stood.
" He did not question," he said, " the propriety or
necessity of calling a convention. No man was
more truly federal than himself. But he conceived
that if this resolution was adopted, the convention
would only have it in their power to say that the
new plan should be adopted, or rejected, and that,
however defective it might appear to them, they
would not be authorized to propose amendments.
There were errors and defects in the Constitution,
and he therefore proposed the addition of some
words to Mr. Corbin's resolutions, by which the
power of proposing amendments might be given."
Mr. Corbin defended his resolutions, and Mr. George
Nicholas seconded his defence. " He warmly rep
robated Mr. Henry's amendment, because it would
give the impression that the Virginia Assembly
thought amendments might be made to the new
government, whereas he believed there was a de
cided majority in its favor. At the same time he
did not deny the right of the convention to pro
pose amendments." Colonel Mason, who had just
taken his seat in the House, rose to second Mr.

1 Madison's Works, i., 356 and 357.

2 Jefferson to Madison, December 20, 1787, Jefferson's Works, ii. , 329,
etc.

UNITED STATES CONSTITUTION. 323

Henry's motion. "He told the committee that he
felt somewhat embarrassed at the situation in which
he then stood. He had been honored with a seat
in the Federal Convention, and all knew that he
had refused to subscribe to their proceedings. This
might excite some surprise ; but it was not neces
sary at that hour, he said, to make known his rea
sons. At a proper season they should be commu
nicated to his countrymen. He would, however,
declare that no man was more completely federal
in his principles than he was. That from the east
of New Hampshire, to the south of Georgia, there
was not a man more fully convinced of the neces
sity of establishing some general government.
That he regarded our perfect union as the rock of
our political salvation. But that he had considered
the new Federal Government according to that
measure of knowledge which God had given him.
That he had endeavored to make himself master of
the important subject; that he had deeply and ma
turely weighed every article of the Constitution,
and with every information which he could derive,
either from his own reflection or the observations
of others, lie could not approve it." He said, " I
thought it wrong, Mr. Chairman — I thought it re
pugnant to our highest interests — and if with these
sentiments I had subscribed to it, I might have
been justly regarded as a traitor to my country.
I would have lost this hand before it should have
marked niy name to the new government." John
Marshall spoke next. He thought Mr. Corbin's
resolutions improper for the reason given by Mr.
Henry. " He thought Mr. Henry's amendment
improper for the reasons given by Mr. Nicholas.

324 PATRICK HENRY.

He wished that the future convention should have
the fullest latitude in their deliberations, but he
thought, with Mr. Nicholas, that the people should
have no reason to suppose that their legislature dis
approved the new Federal Government. — Therefore
he proposed this resolution, ' that the proceedings
of the Federal Convention, as transmitted to the
General Assembly through the medium of Con
gress, ought to be submitted to a convention of the
people for full and free investigation and discus
sion. ' This was adopted without opposition.1

Notwithstanding the position thus taken by the
House, when a bill was introduced November 30, to
provide for the expenses of the Convention, Mr.
Henry moved and carried, a provision for paying
the expenses of any delegates the body might send
to sister States with a view to consulting as to
proper amendments, and of delegates to another
Federal Convention, if one was determined on.2

This was decidedly ominous to the advocates of
immediate adoption, and we find Mr. Madison writ
ing to Jefferson, December 9 : " Mr. Henry is the
great adversary who will render the event precari
ous. He is, I find, with his usual address, working
up every possible interest into a spirit of opposi
tion."

Mr. Madison had good reason to fear the power
of Mr. Henry. When the Legislature met, and the
Constitution was communicated to it by the Gov
ernor, it was approved by nearly every member.
A correspondent of General Washington from Rich-

1 This account of the debate is taken from a letter from Petersburg,
dated November 1, 1787, printed in the Pennsylvania Packet, November
10, 1787. 2 Journal of House, 77 ; Hening, xii. , 463.

UNITED STATES CONSTITUTION. 325

mond wrote him, that with the exception of Mr.
Henry, who was non-committal, he had not met
with an opponent, though making diligent inquiry.1
But by December the same correspondent 2 wrote,
that it was doubtful whether it had any longer a
majority of the body in its favor.3 And Mr. Henry
carried his proposals looking to previous amend
ments by fifteen majority.4

Mr. Henry had attended the House at its meet
ing, and at once assumed his wonted position of
leader. He was placed upon the standing commit
tees of Propositions and Grievances, Commerce, Priv
ileges and Elections, and Courts of Justice, of which
last he was chairman ; and was made to bear his
full share of labor on committees appointed to con
sider matters not referred to the standing commit
tees. One of the most remarkable exhibitions of
his power in debate occurred during this session,
and it is believed to be without a parallel in the his
tory of legislative bodies.

On November 30, 1785, the American Minister at
London demanded the immediate evacuation of the
northwestern posts in accordance with the stipula
tions of the treaty of peace. To this demand the
British Secretary of State replied, alleging the non-
fulfilment on the part of several of the United
States of some of the articles binding on them, par
ticularly in the matter of impediments to the recov
ery of debts due British subjects. The correspond
ence was referred to John Jay, Secretary for Foreign
Affairs, who on October 13, 1786, reported, sustain
ing the position of the British Government in part,

1 Rives's Madison, ii., 535. • Doubtless Bushrod Washington.

3 Rives's Madison, ii., 537. 4 Idem, 538.

326 PATRICK HENRY.

and holding that some of the States had broken the
treaty before the first violation by Great Britain.1
On March 21, 1787, Congress acted upon this report,
and recommended to the several States the repeal of
all acts repugnant to the stipulations of the treaty.
When this communication was read in the Virginia
House of Delegates, a resolution was presented to
carry it into effect, patronized by Colonel George
Mason and Mr. George Nicholas, men of ability.

The bill provided for the repeal of all acts repug
nant to the treaty of peace, but was really aimed at
the laws which prevented the recovery of British
debts. It contained a proviso suspending its effect
until the other States had passed similar acts. Mr.
Henry earnestly opposed the bill in this form, and
moved to amend by making the repeal depend upon
the previous compliance with the treaty by Great
Britain. After a warm debate running through
four days, Mr. Henry's amendment was defeated by
a vote of forty-two ayes to seventy-five noes, and
the resolution was adopted on November 17, by a
vote of seventy-two to forty-two. On December 3,
the bill ordered in pursuance of the resolution came
up for consideration. Mr. Henry renewed his prop
osition as an amendment to the bill. His previous
defeat aroused him to greater exertion and brought
out his reserved force, which was equal to any occa
sion. In the face of the former recorded vote of
the House, he now carried his amendment by a vote
of eighty to thirty-one, turning the majority of
thirty against him into a majority of forty-nine in
his favor, and including among the captives at his
chariot-wheels, Mr. Nicholas, the leading champion

1 Secret Journal of Congress, iv., 186-287.

UNITED STATES CONSTITUTION. 327

in debate of the original resolutions, who owned
himself convinced by the arguments that had been
used.1

It is worthy of note that Mr. Jefferson, when
Secretary of State, reviewed the whole subject, and
clearly demonstrated the errors of Jay's report, and
the prior infractions of the treaty by Great Brit
ain,2 thus sustaining Mr. Henry's position. As was
to be expected, Mr. Henry brought up the matter
of the Mississippi. On November 12, the Journal
contains the following resolutions, evidently from
his pen, which were adopted in Committee of the
Whole:

" Resolved, That the free use and navigation of
the western streams and rivers of this Common
wealth, and of the waters leading to the sea, do, of
right, appertain to the citizens thereof, and ought
to be considered as guaranteed to them by the laws
of God and nature, as well as by compact.

" Resolved, That every attempt in Congress, or
elsewhere, to barter away such right, ought to be
considered as subversive of justice, good faith, and
the great foundations of moral rectitude, and par
ticularly destructive of the principles which gave
birth to the late revolution, as well as strongly re
pugnant to all confidence in the Federal Govern
ment, and destructive to its peace, safety, happiness,
and duration.

" Resolved, That a committee ought to be ap
pointed to prepare instructions to the delegates rep
resenting this State in Congress to the foregoing
import, and to move that honorable body to pass an

1 Journal, 51, 52, 79, 80; Rives's Madison, ii., 539, note; Madison's
Papers, ii. , 658.

2 Jefferson to Hammond, May 29, 1792, Jefferson's Works, iii., 365.

328 PATRICK HENRY.

act acknowledging the rights of this State, and that
it transcends their power to cede or suspend them ;
and desiring the said delegates to lay before the
General Assembly such transactions as have taken
place respecting the cession of the western naviga
tion."

On the committee appointed to prepare the in
structions, Mr. Henry's name is second to the chair
man, Mr. Thurston, who was chairman of the Com
mittee of the Whole, and probably for that reason
was made chairman of this.

It is to the honor of Virginia that this Assembly
put its mark of disapproval upon all effort to renew
the issues of irredeemable paper money, which was
giving so much trouble to some of the Northern
States. On November 3, the House came to sev
eral resolutions upon the subject, one of which re
cited " that an emission of paper currency would be
ruinous to trade and commerce, and highly injurious
to the good people of this Commonwealth." The
fact that the Journal shows a unanimous vote, dis
proves the charge that Mr. Henry was an advocate
for such an emission. *

Another measure was advocated at this session
by Mr. Henry, for which he was criticised by Mr.
Madison, and in regard to which he found his
friend, George Mason, was his opponent. It was
the prohibition of the importation of distilled
liquors, cheese, butter, pork, beef, tallow, and tal
low candles, and the imposition of a duty on iron,
coal, hemp, and cordage, imported into the State.2

1 Washington's Writings, ix., 268.

2 Journal, 31,47; Madison's Works, i., 366; Correspondence of the
Revolution, iv., 191.

UNITED STATES CONSTITUTION. 329

Notwithstanding Mr. Henry's position as to free
trade upon the close of the war, when the country
was bare of the necessities of life, he evidently be
lieved now that it was wise to stimulate the home
production of the necessary articles embraced in the
above list. In this he showed a practical states
manship, which sought the best for his State under
every change of circumstances, and was not the
slave of any theory of political economy. Mr.
Henry did not carry his proposal, but the body in
creased the duties on spirituous liquors and many
other articles,1 the result, no doubt, of a compro
mise of conflicting views.

Mr. Henry obtained a leave of absence from the
body on November 17, for a few days, and on De
cember 22, for the remainder of the session. While
in Richmond he wrote the following hurried notes
to Mrs. Aylett, which are interesting as furnishing
glimpses of his domestic life :

"RICHMOND, Oct. 28, 1787.

" MY DEAR BETSEY : I was sorry to hear by Mr.
Aylett that you were unwell. I hope the cool
weather may be the means of your getting better.
Your mamma and sister Fontaine are always talk
ing of you & wondering we never could get a let
ter from any of you. Indeed, it is not strange that
the difficulties which Minnis has thrown in yr way
has taken up your mind. His conduct is such as
would surprise everybody not acquainted with him.
However, you will remember that Providence has
ordered to all a portion of suffering & uneasiness
in this world, that we may think of preparing for a
better. I hope my dear child will keep up her

1 Hening, Statutes at Large, xii., 412.

330 PATRICK HENRY.

spirits thro' every trial. Pray let us hear from
you. I am, my Dear Betsey,

" Yr. ever affcte. Father,

" P. HENRY.

" To Mrs. ELIZABETH AYLETT,

4 'King William."

"RiCHMD., Dec1". 12th, 1787.

" MY DEAR BETSEY : I did intend to have the
pleasure of seeing you, some time during the As
sembly, but such has been & now is the hurry
of business here, that I fear it will not be in my
power. I have been obliged to go up once to try to
get some house to winter in. At present your
mamma & all our family live at one fire, & have
not one out-house that will assist. We expect a
house something better soon, <fe hope to live a little
more comfortably. Major Minnis's unkindness will
doubtless put you to great straits ; but you must
learn to bear everything with patience. Experience
will teach you that this world is not made for com
plete happiness. Yr. mamma and sister Fontaine
often speak of you. I hope we shall see you <fe Mr.
Aylett as soon as you can make it convenient. Adieu
my dear child.

"lamy'affite. Father,

" P. HENRY.

" To MRS ELIZABETH AYLETT, King William."

On returning to Prince Edward, Mr. Henry at
once resumed the practice of law, which had been
discontinued since 1774. Judge Winston, in a let
ter to Mr. Wirt, gives the following account of
how he was induced to take this step. Says the
writer :

" He had never been in easy circumstances ; and
soon after his removal to Prince Edward County,

UNITED STATES CONSTITUTION. 331

conversing with his usual frankness with one of his
neighbors, he expressed his anxiety under the debts
which he was not able to pay; the reply was to this
effect : ' Go back to the bar ; your tongue will soon
pay your debts. If you will promise to go, I will
give you a retaining fee on the spot.' This blunt
advice determined him to return to the practice of
the law, which he did in the beginning of 1788;
and during six years he attended regularly the dis
trict courts of Prince Edward and New London." 1

As the first general retainer charged in 1788 was
£5, to Colonel John Holcombe, of whom Mr.
Henry had bought his Prince Edward lands, it is
quite certain that he was the neighbor of whom
this incident is related. This gentleman had re
ceived in exchange for two tracts containing about
1,700 acres, and valued at £2,111, several smaller
tracts, two lots in Richmond, and several slaves,
requiring but little money to be paid by Mr. Henry
to make up the price agreed on.

From the time of its publication the proposed
Federal Constitution excited the most earnest dis
cussion. The dignity of the body proposing it, and
the great merits of the pi an, caused it to be received
at first with general favor. But careful examina
tion discovered serious defects in the instrument,
which many of the leading statesmen of the country
determined to remedy by amendments before adop
tion. Upon this line parties were formed. It is
beyond doubt that the great leaders on either side
were actuated by purely patriotic motives. They
only differed as to what was best for their country.

'MS.

332 PATRICK HENRY.

It was not long, however, before party feeling ex
cited suspicions of the motives of opponents.

The correspondence of Madison and Edward Car-
rington with Jefferson shows, that the dread of
Mr. Henry's powers excited in them fears as to the
motives which actuated him. He was suspected
of designing a dissolution of the Union, and the
formation of a Southern Confederacy.1 This he
took occasion explicitly to deny on the floor of the
Virginia convention.2

The elections in Virginia for the Convention were
fixed for March, 1788, and were held by the coun
ties on their court days. At the February session
of the County Court of Prince Edward, Mr. Henry
addressed the people, declaring himself a candidate
for their suffrages. An immense concourse was
present, and listened to his powerful exposure of
the defects of the proposed Constitution. There
was no reply. The Rev. John Blair Smith, the elo
quent president of Hampden Sidney College, about
a mile. distant, had determined to make a reply, but
he was prevented from being present by the death
of a member of his church. He, however, sent a
member of his family to take down the speech in
shorthand. A few days afterward an exhibition of
public speaking among the students occurred at the
college. A large audience was present, among them
Mr. Henry, who as a member of the board took a
keen interest in the exercises of the students. To
his great surprise one of the students delivered what
was intended as a reproduction of his address on

1 Madison to Jefferson, Madison's Works, i., 388 ; Ed. Carrington to
Jefferson, Bancroft's History of the Constitution, ii., 464-5.

2 Elliott's Debates, iii., 57, 63, 16 i ; Post, vol. iii.

UNITED STATES CONSTITUTION. 333

the previous court day, and another a reply pre
pared by President Smith. Mr. Henry was of
fended by the liberty taken with him, and com
plained to Mr. Smith. Not being satisfied with his
reply, he withdrew from attendance upon his
preaching. It is probable that this occurrence
caused much of the dissatisfaction with President
Smith which soon afterward was manifested, and
which led to his resignation the next year.1 He

O t/

seems to have manifested the intemperance of con
duct into which ministers are so apt to fall who
meddle with political questions. A letter to Mr.
Madison, June 12, 1788, has been preserved, in
which he refers him to a report of Mr. Henry's
speech at Prince Edward, forwarded to Mr. Innes ;
and makes an attack upon Mr. Henry for his con
duct during the canvass, which upon its face is
baseless. He goes so far as to make a fling at Mr.
Henry for his advocacy of the assessment bill of
1784, in favor of which Mr. Smith himself had re
ported the memorial adopted by Hanover Presby
tery.2 This letter the biographer of Mr. Madison
reproduces for the purpose of censuring Mr. Henry
for his " electioneering industry,"3 entirely forget
ting that Mr. Madison and General Washington
were active electioneered for the adoption of the
Constitution.4 The arguments of Mr. Henry which
so greatly disturbed these nervous critics, Messrs.
Smith and Rives, were repeated on the floor of the
Convention, and may be judged of by the reader.

1 See Foote's Sketches of Virginia, 42-3, for a full account of this inci
dent. * Idem, 335-6. 3 Rives's Madison, ii., 544, note.

4 See Letters of Madison and Washington, among them one from Mad
ison, April 10, 1788, Madison's Works, i., 384-5.

334 PATRICK HENRY.

Soon after the adjournment of the Federal Con
vention, Madison, Hamilton, and Jay commenced
the publication of that able series of articles on the
proposed Constitution, which, under the title of "The
Federalist," have since become a text-book for the
political student. Richard Henry Lee immediate
ly attacked the instrument over the signature of a
" Federal Farmer," and the press of the country for
months teemed with discussions pro and con of
more or less ability. The publication, however,
which had the greatest effect was a letter of Wash
ington to Charles Carter. December 14. 1787. He
had witnessed the great difficulty of biinging the
Convention at Philadelphia to any conclusion, and he
was keenly alive to the danger of disunion under
the articles of confederation. He wrote :

*• There is no alternative between the adoption of
the constitution and anarchy. Should one State
(meaning Virginia), however important it may con
ceive itself to be, or a minority of the States, sup
pose that they can dictate a constitution to the
majority, unless they have the power of administer
ing the ultima ratio, they will find themselves de
ceived. Opposition to it is addressed more to the
passions than to the reason. If another federal
convention is attempted, the members will be more
discordant than the last. They will agree upon no
o-eneral plan. The e"ii-ntution or disunion is be
fore us. If tilt lirst is our choice, a constitutional
door is open for amendments in a peaceable manner,
without tumult or disorder." :

The Convention of Pennsylvania was the first to
meet, but a determined opposition to adoption with-

1 Bancroft's History of the Constitution, ii, 297.

UNITED STATES CONSTITUTION. 335

out amendments, prevented its final action from
November 21, to December 12, 1787. In the mean
time the Convention of Delaware, though meeting
later, anticipated the action of Pennsylvania by
adopting unanimously the proposed plan on De
cember 6. The equality of representation in the
Senate caused this small State to accept, without
hesitation, what the larger States were slower
to receive. In the Pennsylvania Convention the
minority, led by Robert Whitehill, and acting in
concert with the leaders of the opposition in Vir
ginia, offered a series of amendments which were
rejected by forty -six to twenty-three, and were not
allowed to be entered on the Journal The un-
amended plan was adopted by the same vote.
James Wilson, a man of great force, and a member
of the Federal Convention, controlled the body and
effected the result.

On December 18, the New Jersey Convention, fol
lowing the example of Delaware, voted unanimous
ly for ratification, and this was followed, January 2,
1788, by similar action in the feeble State of Geor
gia, On January 9, the Convention of Connecti
cut, under the lead of Oliver Ellsworth and Roger
Sherman, who had represented the State at Phila
delphia, ratified by a vote of one hundred and
twenty-eight to forty.

The Convention of Massachusetts was looked to
with great anxiety. It was one of the largest
States, and second to none, save Virginia perhaps,
in importance. The motives which influenced the
smaller and weaker States had no effect upon this
great commonwealth. The Convention, which met
-January 14, was very evenly divided, with a ma-

336 PATRICK HENRY.

jorifcy against ratification. After a very full dis
cussion, the Federalists, led by Theophilus Parsons
and Fisher Ames, fell upon the plan of themselves
offering amendments to be urged after ratification.
These were based upon those contained in the re
monstrance of the minority of the Pennsylvania
Convention, and the objections urged by Richard
Henry Lee, and by the opponents on the floor of
the Convention. They were put into " a harmless
form," as was expressed by a correspondent of Mr.
Madison. John Hancock, the president of the
body, who was in doubt how to act, was induced to
offer them, and Samuel Adams, who had not been
satisfied with the plan, and had been a silent mem
ber of the Convention, gave them his approval.1
By this management the Convention was induced to
adopt the Constitution February 6, by a vote of one
hundred and eighty-seven to one hundred and sixty-
eight.2

The Convention of New Hampshire met in Feb
ruary, 1788, and a small majority against the pro
posed plan appeared. The Federalists, in order to
gain time, and upon the pretext that it became so
small a State to wait till the others had acted, pro
posed and carried an adjournment till June. This
was done by proselyting some of the members in
structed against the paper.3

The Convention of Maryland met in April.
Washington and Madison had been active in pro
curing a prompt ratification in this State, and the
opposition, led by Luther Martin and Samuel

1 Madison's Works, i., 375.

2 Idem., i., 373, 375, 376 ; Wells's Life of Samuel Adams, iii., Chap
ter Ix. 3 Madison's Works, i., 383.

UNITED STATES CONSTITUTION. 337

Chase, was found to be in a small minority. The
ratification was carried on April 26, by a vote of
sixty-three to eleven. William Paca, one of the
signers of the Declaration of Independence, pro
posed a series of amendments to be urged. They
were referred to a committee which fell into a
wrangle over them, and the Convention adjourned
without waiting for it to report.

South Carolina was the eighth State to ratify the
Constitution. Her Convention met May 13, and in it
appeared as advocates of ratification the venerable
Christopher Gadsden, the Rutledges, the Pinckneys,
and David Ramsey, the accomplished historian.
In the opposition were General Sumter, and Edan-
us Burke, an able man. A motion to adjourn
for five mouths was voted down, and as an act of
conciliation three or four amendments were recom
mended. On May 23, the motion for ratification
was adopted, by a vote of one hundred and forty-
nine to seventy-three.

CHAPTER XXXVI.

VIEGINIA CONVENTION. —1788.

Importance of Virginia's Action on the Proposed Constitution. —
Contest for Seats in her Convention Meeting of the Body. — In
tense Interest in Its Proceedings. — Mission of Colonel Oswald.
— Mr. Henry's Letter to General Lamb. — Estimates of Strength
of Parties. — Plan of the Anti-federalists. — Proceedings Re-
ported in Shorthand. — Mr. Henry as the Leader of the Opposi
tion to Immediate Ratification. — His Construction of the Con
stitution. — Course of the Debate. — Attacks Governor Randolph.
— Scene with George Nicholas.— jMr. Henry's Greatest Speech]
— Tactics of the Several Parties. — The Convention for Amend
ments. — Concessions of the Federalists. — Form of Ratification
Proposed. — Conduct of Mr. Madison. — Mr. Henry Offers Pre
vious Amendments. — Closing Debate. — Storm Scene. — Madison
and Randolph Pledge Their Party to Subsequent Amendments.
— Last Speech of Mr. Henry in the Convention. — Ratification
Carried, and Mr. Henry's Amendments Urged upon Congress. —
Washington's Influence Effectual. — Madison and Henry Com
pared.

THE meeting of the Virginia Convention was fixed
for June 2. This date had been determined on by
the opposition in the Legislature, in order, it was
said, that the State, which had so long led the Con
federacy, might be in a position to act as arbitrator
between the States accepting and those rejecting the
Constitution. When it met none had positively re
jected it, but still Virginia was believed to hold its
fate in her hands. The majority in New Hampshire
had been found against ratification ; it was very cer
tain that the same would be the case in New York
and North Carolina ; and Rhode Island had refused

VIRGINIA CONVENTION. 339

to take any part in the Federal Convention, or to
call a State convention to consider its work. If the
Virginia Convention refused to ratify, it was confi
dently believed that the ninth State, without which
the plan could not go into effect, would not be ob
tained. This caused intense interest to be taken in
its proceedings, not only within but without the
State. The Convention of New York was to assem
ble on June 17, and that of New Hampshire was to
meet again on the next day. Hamilton and Madi
son arranged a special express between Richmond
and Concord, via Poughkeepsie where the New
York Convention sat, so as to influence as much as
possible the northern conventions by the news they
hoped to transmit from Richmond, or if one of them
ratified first, to use that to carry Virginia,1

In Virginia the contest for seats in the Conven
tion had been warm. The advocates of immediate
ratification had shown great tact in selecting their
candidates. All citizens were eligible under the
act calling the body, and they persuaded the judges
and the distinguished soldiers, nearly all of whom
were advocates of ratification, to offer for seats. In
some cases rich men, who had been Tories, but whose
money brought them influence, were selected, and by
these means counties considered doubtful, and even
some distinctly opposed, were carried at the polls for
the party for ratification, now known as Federal
ists. When the result of the elections was made
public, the people of the State, a majority of whom
were decidedly opposed to immediate ratification, as
appeared in the Legislature elected about the same
time, were astonished to find that the Federalists

1 Curtis's History of the Constitution, ii., 550-1.

340 PATRICK HENRY.

claimed a majority. This had been the more easily
obtained by the manner of constituting the body,
the small counties in the east, which were Federal,
having the same weight as the larger ones in the
interior, which were anti-Federal.

A very full house assembled at the Capitol build
ings * on the first day of the session. It was a grand
assembly. Two delegates from each county and
city, except Norfolk and Williamsburg, which had
one each, gave a body of the imposing size of one
hundred and seventy members, which contained all
the most distinguished men of Virginia, except
Washington, Jefferson, Richard Henry Lee, and
Nelson. Jefferson was at the court of France, Lee
was in Congress, Nelson was feeble and nearing his
end, and Washington had determined he could best
subserve the cause from Mount Vernon. As the
eye wandered over the body, the spectator saw be
fore him such a collection of men illustrious in the
annals of their country, as was probably never un
der the same roof before. Edmund Pendleton, the
venerable President of the Court of Appeals, George
Wythe, the learned Chancellor, with Judges John
Blair, Richard Carey, Paul Carrington, Joseph Jones,
and John Tyler, represented the judiciary, and im
parted their dignity to the body. Theodoric Bland,
George Carrington, Samuel Jordan Cabell, George
Clendenin, William Dark, William Fleming, Will
iam Grayson, James Innes, Robert Lawson, Henry
Lee, of the Legion, Thomas Mathews, Stephens T.
Mason, John Marshall, James Monroe, William Mc-
Kee, Andrew Moore, George and Wilson Cary Nich
olas, Thomas Read, Willis Riddick, John Steele,

1 These were on northwest corner of Fourteenth and Cary Streets.

VIRGINIA CONVENTION. 341

Adam Stephen, Archibald Stuart, John Stuart, Eb-
enezer Zane, and others, who had distinguished them
selves fighting Indians and British upon almost
every battle-field of the revolutionary period, repre
sented the military which had shed such lustre upon
their State. Edmund Randolph, the brilliant Gov
ernor of the State, ex -Governor Benjamin Harri
son, a statesman of a high order, George Mason,
the draftsman of the Virginia form of government,
James Madison, so largely the architect of the Con
stitution to be taken in consideration, and Patrick
Henry, who had led Virginia daring the Revolu
tion, were statesmen who alone would have made
any deliberative body illustrious.

The interest in the deliberations of the body was
intense. Not only the people of the town and
neighborhood, but gentlemen from every part of the
State, crowded the building in which it sat, and
caused it to adjourn after its first day's session, to
the Academy, the largest audience room in the
city.1 Here day after day, through the long ses
sions, the galleries were filled with an anxious crowd,
who forgot the inconvenience of their situation in
the excess of their enjoyment of the intellectual
treat which was furnished them.

A want of uniformity in the amendments pro
posed in the several States had given great advan
tage to the Federalists. To remedy this, and to
effect amendments previous to ratification, the op-

1 This building was erected by Chevalier Quesnay, a Frenchman, who
designed the establishment of a French-American University. It was lo
cated on the north side of Broad, between Twelfth and Thirteenth Streets,
and in the square in which stands the Monumental Church. It was after
ward used as a theatre, and was succeeded by a new building for that
purpose, which was burnt in 1811 during a play.

342 PATRICK HENRY.

position in May organized in the city of New York,
where the influence of Governor Clinton prevailed^
a society under the style of " Federal Republicans."
General John Lamb was made chairman, and he
opened at once a correspondence with the leading
men in opposition in the States which had not acted.
By Colonel Oswald he sent letters to Mr. Henry
and Colonel Gray son, stating the object of his so
ciety, and proposing the formation of a general
association to assimilate and further the views of
the opposition.1 The reply of Mr. Henry, which
is dated a week after the meeting of the Convention,
is most interesting, as showing the bitter disap
pointment he had experienced in the result of the
elections, and also the policy of the opposition
which had been adopted on the assembling of the
body. It is as follows : 2

'« RICHMOND, June 9, 1788.

u SIR : I was honored by the receipt of your favor
by the hands of Colonel Oswald, accompanying
three pamphlets, for which, and for the communi
cation resulting from a view of the whole subject
matter, I give you, sir, my sincere thanks. It is
matter of great consolation^ to find that the senti
ments 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.

u And yet, strange as it may seem, the numbers in
the convention appear equal on both sides, so that
the majority, which way soever it goes, will be

1 See Historical Magazine, etc., of America, for November, 1878, p. 280,
for one of General Lamb's letters.

2 Taken from Life of General John Lamb, 307.

VIRGINIA CONVENTION. 348

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 pre
vious amendments, which we have ready to offer, it
will become highly necessary to form the society
you mention. Indeed, it appears the only chance to
secure a remnant of those invaluable rights which
are yielded by the new plan. Colonel George Ma
son 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 pro
pose in our convention. The fate of them is alto
gether 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 Vir
ginia. 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 through the State. This will
remedy in some degree the inconveniences 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 to subscribe myself with great re
spect and regard,

" Sir, Your ob*. h'ble Serv*.

" P. HENRY.

" To GENERAL JOHN LAMB.''

344 PATRICK HENRY.

Colonel Gray son replied the same day in a similar
strain. lie said :

" Our affairs in the convention are suspended by
a hair ; I really cannot tell you on which side the
scale will turn; the difference, I am satisfied, on
the main question, will be exceedingly small indeed.
The opposition, upon the whole, is firm
and united ; there are seven or eight dubious
characters, whose opinions are not known, and on
whose decisions the fate of this important question
will ultimately depend."

On the day before, Washington, who was kept
constantly advised by the Federalists, wrote to
John Jay : 2

" The sanguine friends of the constitution counted
upon a majority of twenty at their first meeting,
which number they imagine will be greatly in
creased ; while those equally strong in their wishes,
but more temperate in their habits of thinking,
speak less confidently of the greatness of the major
ity, and express apprehensions of the arts that may
yet be practised, to excite alarm with the members
from the western district."

Henry and Gray son proved to be more accurate
in their estimate of the body. But the extravagant
claims of the Federalists were already used to in
fluence the decisions of New Hampshire and New
York.3

It was with a full knowledge of the character of

1 Life of General John Lamb, 311.

2 Writings of Washington, ix. , 374.

3 See letter of Tobias Lear to Washington, June 2, 1788, Correspond
ence of Revolution, iv. , 219.

VIRGINIA CONVENTION. 345

the Convention, and of the difficulties of the task
before them, that the opposition entered upon its
work. The plan was to expose the imperfections
of the proposed Constitution, to offer amendments
which would remedy those imperfections, and to
insist on their adoption before Virginia's ratifica
tion.

When the body assembled, David Robertson, of
Petersburg, with an assistant, both shorthand re
porters, appeared to take down the debates, a thing
unprecedented in the history of Virginia assem
blies. Instead of being allowed to place his table
in front of the Speaker, what he calls, " an inel
igible seat," was all he could secure ; and while
some of the Federal speakers revised his report of
their speeches, the opposition, regarding him as in
the interest of the Federalists, refused to render
him this assistance,1 thereby doing themselves the
greatest injustice. Upon his published report,
that great Convention lives in history. In his
record of Mr. Henry's speeches he more than once
confesses his inability to follow him in his over
powering bursts of eloquence, and the incomplete
ness of the report which is given, attests, with the
concurrent testimony of the hearers, the fact that
it falls far short of doing him justice.2 Yet we are
forced to resort to it, as the most authentic record
of his efforts in the celebrated contest which ensued,
in which he led the forces of the opposition against
the intellectual giants who advocated the immediate
ratification of the Constitution.

1 George Mason makes this statement in a subsequent letter.
- This is stated by both Judges Tucker and Roane in their letters
to Mr. Wirt. MS.

346 PATRICK HENRY.

As of old, Mr. Henry was regarded by the people
as the leader on whom they relied for the protection
of their rights. He was accustomed to relate an
incident that happened in the courtyard of Prince
Edward County just before the meeting of the con
vention. An old fox hunter gave him a sharp tap
on the shoulder and said to him : " Old fellow, stick
to the people ; if you take the back track, we are
gone." This rough remark expressed the feeling
of the great bulk of the people of Virginia, who,
for nearly a quarter of a century, had been accus
tomed to look upon him as the invincible advocate
of popular rights. Although only fifty-two years
of age, ill health had given him the appearance of
an old man, and this added greatly to the impres-
siveness of his appeals to the body. It was said
that whenever he arose, a death-like silence pre
vailed, and the eager listeners did not fail to catch
every syllable he uttered. Although his body had
been affected by disease, his mental powers were as
great as ever, and the deep interest he took in the
subject under debate caused him to exert them to
the utmost.

The accomplished Judge St. George Tucker, who
attended the debates and had heard his great
speech on arming the colony in 1775, in writing to
Mr. Wirt of the convention of 1788, says :

u His speeches were then taken in shorthand.
I do not think them accurately taken. At that
time it appeared to me that Mr. Henry was some
times as great as on the former occasion. I recol
lect the fine image he gave of Virginia seated on

1 Grigsby's Convention of 1776, 152.

VIRGINIA CONVENTION. 347

an eminence and holding in her hand the balance in
which the fate of America was weighing. Old
General Steven attempted to parodize and bur
lesque it, but I think he failed. The variety of ar
guments which Mr. Henry generally presented in
his speeches, addressed to the capacities, prejudices,
and individual interests of his hearers, made his
speeches unequal. He rarely made a speech in that
convention which Quintilian would have approved.
If he soared at times like the eagle, and seemed, like
the bird of Jove, to be armed with his thunder, he
did not disdain to stoop like the hawk to seize his
prey, but the instant he had done it, rose in pursuit
of another quarry."

Judge Edmund Winston, in describing his ap
pearance in the body, wrote :

" While he was speaking there was a perfect
stillness throughout the House, and in the galleries.
There wras no inattention or appearance of weari
ness. When any other member spoke the members
and the audience would in half an hour be going
out or moving from their seats." 2

The venerable Edward Pendleton was elected
President by a unanimous vote, John Beckley was
appointed Secretary, and the Eev. Abner Waugh,
upon the motion of Judge Paul Carrington, was
elected Chaplain. Upon the motion of George Ma
son, it was determined to go through the Constitution
clause by clause, and to take no vote upon any part
till all had been discussed. The discussions were
had in Committee of the Whole, presided over by
Chancellor Wythe. On June 4, the preamble and

1 MS. 2 MS. letter to Mr. Wirt.

348 PATRICK HENRY.

two sections of Article 1, were read and the debate
was opened by Wilson Nicholas, in an able argu
ment in favor of the House of Representatives as
constituted in the proposed plan. Mr. Henry fol
lowed him. Taking no notice of his arguments, he
gave expression to his alarm at the radical change
proposed in the general government, which he de
clared amounted to turning a confederation of States
into " one great, consolidated, national government
of all the people of the States." This was manifest,
he said, from the first words used in the instrument,
" We, the people." He demanded of the members
of the Federal Convention present a statement of
the reasons for their conduct, and being well aware
that the great name of Washington was the real
obstacle in his path, he added with exquisite tact,
" Even from that illustrious man who saved us by
his valor, I would have a reason for his conduct :
that liberty which he has given us by his valor,
tells me to ask this reason ; and sure I am, were he
here, he would give us that reason." When he sat
down Governor Randolph arose, and commenced by
declaring, what had already been rumored, his de
termination to vote for the adoption of the un-
amended Constitution, which he had refused to sign
as a member of the Federal Convention because of
its serious defects, pointed out in his published let
ter.1 He justified his change of attitude by his
fear of disunion, eight States having already ratified.
He then proceeded to describe the dangerous con
dition of the country, caused, as he alleged, by the
inefficiency of the confederation. George Mason
followed him, and taking up the suggestion of Mr.

1 Elliott's Debates, i., 482.

VIRGINIA CONVENTION. 349

Henry, he entered into a discussion of the dangers
to America of a consolidated government. He ob
jected to the House of Representatives, because the
members would be too few to know the wants of
the people. A short reply from Mr. Madison
closed the first day's debate. On the next day
Judge Pendleton entered the lists in support of the
Constitution. Admitting that a consolidated gov
ernment would be inadmissible over such a terri
tory as the United States, he denied that the pro
posed plan was such a government. His definition
of a consolidated government was, one which had
" the sole and exclusive power, legislative, executive,
and judicial, without limitation." General Henry
Lee next addressed the body on the same side, and
commenced by referring to Mr. Henry's remarks
of the day before as follows :

" I feel every power of niy mind moved by the
language of the honorable gentleman yesterday.
The eclat and brilliancy which have distinguished
that gentleman, the honors with which he has often
been dignified, and the brilliant talents which he has
so often displayed, have attracted my respect and
attention. On so important an occasion, and before
so respectable a body, I expected a new display of
his powers of oratory ; but instead of proceeding to
investigate the merits of the new plan of govern
ment, the worthy character informed us of horrors
which he felt, of apprehensions to his mind, which
made him tremblingly fearful of the fate of the
commonwealth."

After further noticing Mr. Henry's remarks, he
added, " The gentleman sat down as he be^an, leav-

350 PATRICK HENRY.

ing us to ruminate on the horrors which he opened
with." Mr. Henry at once replied to him. Without
seeming to notice his taunt, he referred only to his
compliment as follows : " I am much obliged to the
very worthy gentleman for his encomium. I wish I
was possessed with talents, or possessed of anything
that might enable me to elucidate this great subject.7'
He then, in a speech of wonderful power, entered
upon his objections to the paper in its different
parts, not confining himself to the sections under
discussion. Indeed his criticisms were of such a
nature, that the whole system must have been con
sidered to give them proper weight. Notwith
standing the efforts of the other side to check it, the
general discussion of the entire paper, thus entered
upon, was continued till June 14, when the body
proceeded to read other sections and discuss them
separately.

It is not proposed to follow here the debates,
which fill a volume of 652 pages.1 Some of the in
cidents, however, will not fail of interest.

Mr. Henry led the opposition. He was ably as
sisted by George Mason, James Monroe, William
Grayson, Benjamin Harrison, John Tyler, and John
Dawson. But the brunt of the battle fell upon him.
Out of the twenty-two days it continued, there were
but five in which he did not take the floor. On each
of several days he made three speeches, on one he
made five, and on another eight. In one speech he
was on his feet seven hours. In the imperfect report
which we have, mere outlines, it is said, of the
speeches actually made, one of his speeches occu-

1 See Elliott's Debates on Federal Constitution, vol. iii. The speeches
of Mr. Henry will also be found in vol. iii. of this work.

VIRGINIA CONVENTION. 351

pies eight pages, another ten, another sixteen, an
other twenty-one, and another forty, while in the
aggregate they constitute nearly one-quarter of the
volume. His opponents were led by James Madi
son, who was greatly aided by Governor Randolph,
Edmund Pendleton, Wilson and George Nicholas,
General Henry Lee, John Marshall, George Wythe,
Francis Corbin, and James Innes.

Besides the great learning of this intellectual
host, James Madison and Governor Randolph had
the advantage of having participated in the able
debates of the Federal Convention, as yet not seen
by Mr. Henry. Doubtless they all had made prep
arations for the contest in which they were now
engaged. That of Mr. Madison had been very care
ful, as appears by his published papers.1 Mr. Hen
ry proved himself, however, fully able to meet them.
In the field of history, so often resorted to, he was
at home. This was gracefully acknowledged by
one of his opponents, Francis Corbin, who said of
him : " The honorable gentleman is possessed of
much historical knowledge. I appeal to that
knowledge, therefore." In political science, the
experience of a hundred years now warrants
the assertion, that he far excelled his opponents.
He certainly foresaw the working of" the new
plan of government more clearly than any of
its framers, and to him. we are indebted, in a
very great measure, for those amendments which
have done so much to keep it in its appropriate
sphere.

The debate was conducted with great courtesy,
interrupted only occasionally by the excited pas-

1 Madison's Works, i., 389-398.

352 PATRICK HENRY.

sions of some of the speakers. Among these excep
tions was a memorable passage between Mr. Henry
and Governor Randolph. In the published letter
of the latter, he had indicated his objections to the
proposed Constitution, which were in the main such
as Mr. Henry was urging, and had stated as the
reason he withheld his signature, that he moved in
the Federal Convention, " That the State conven
tions should be at liberty to amend, and that a
second general convention should be holden to dis
cuss the amendments which should be suggested by
them ; which was negatived." His change of posi
tion would not probably have caused any sharp
criticism if he had simply announced, that the fear
of disunion had determined him to vote for the
ratification of the unamended paper. But it soon
became apparent that he aspired to be the leader
in the defence of the Constitution. In the first
four days of the debate he made three long
speeches, taking ground seemingly inconsistent with
his earlier position. This imposed a heavier tax
upon the forbearance of Mr. Henry than it could
stand. In replying to the third speech of the
Governor he said :

"The honorable member will not accuse me of
want of candor, when I cast in my mind what he has
given to the public, and compare it to what has hap
pened since. It seems to me very strange and un
accountable that that which was the object of his
execration should now receive his encomiums. Some
thing extraordinary must have operated so great a
change in his opinions."

1 Elliott's Debates on Federal Constitution, i. , 489, &c.

VIRGINIA CONVENTION. 353

•

And later in the same speech, he referred to the
action of the Governor again, enlarging upon the
matter, and adding these biting words :

" How will his present doctrine hold with what has
happened ? Is it consistent with that noble and dis
interested conduct which he displayed on a former
occasion ? Did he not tell us that he withheld his
signature ? Where, then, were the dangers which
now appear to him so formidable ? He saw all
America eagerly confiding that the result of their
deliberations would remove their distresses. He
saw all America acting under the impulses of hope,
expectation, and anxiety, arising from their situa
tion and their partiality for the members of that
convention ; yet his enlightened mind, knowing that
system to be defective, magnanimously and nobly
refused its approbation. He was not led by the
illumined, the illustrious few. He was actuated by
the dictates of his own judgment ; and a better
judgment than I can form. He did not stand out
of the way of information. He must have been
possessed of every intelligence. What alteration
has a few months brought about ? The eternal dif
ference between right and wrong does not fluctuate.
It is immutable. I ask this question as a public-
man, and out of no particular view. I wish, a»
such, to consult every source of information, to form
my opinion on so awful a question."

Touched to the quick and greatly angered*, the
Governor lost control of himself. In reply he said1:

" I find myself attacked in the most Illiberal man
ner by the honorable gentleman. I disdain his
aspersions and his insinuations. His asperity is
warranted by no principle of parliamentary decency,

354 PATRICK HENRY.

nor compatible with the least shadow of friendship ;
and if our friendship must fall, let it fall lik,e Luci
fer, never to rise again ! Let him remember that
it is not to answer him, but to satisfy his respecta
ble audience, that I now get up. ... I under
stand not him who wishes to give a full scope to
licentiousness and dissipation — who would advise
me to reject the proposed plan, and plunge us into
anarchy." The reporter here adds in a note, "that
His Excellency read the conclusion of his public
letter and proceeded to prove the consistency of his
present opinion with his former conduct ; when Mr.
Henry arose and declared that he had no personal
intention of offending any one, that he did his duty,
but that he did not mean to wound the feelings of
any gentleman ; that he was sorry if he offended
the honorable gentleman without intending it ; and
that every gent]eman had a right to maintain his
opinions. His Excellency then said that he was re
lieved by what the honorable gentleman said ; that
were it not for the concession of the gentleman, he
would have made some men's hair stand on end, by
the disclosure of certain facts. Mr. Henry then re
quested, that if he had anything to say against him,
he would disclose it."

His Excellency is not reported as making any
reply to this, and he is left in the unenviable posi
tion of accepting the disclaimer of Mr. Henry and
at the same time attacking him with a dark in
sinuation, which he declined to explain when it
was demanded. What was the disclosure threat
ened has never been known. Doubtless it was
some falsehood propagated by malice, and not
believed by the Governor, as we learn from the
speech of His Excellency that his friendship with
Mr. Henry had subsisted till then. The sequel to

VIRGINIA CONVENTION. 355

this scene in the convention is related by Judge
Spencer Roane in his letter to Mr. Wirt.1 Speak
ing of Mr. Henry's personal courage, Judge Roane
said:

" He was so good-tempered a man that I never
heard of his having a quarrel. He did indeed call
on Edmund Randolph in 1788, on account of some
personalities used toward him in the convention,
with old Will Cabell as his friend ; and I heard the
latter say that Mr. Henry acted with great firmness
and propriety. He let Mr. Randolph down, how
ever, pretty easily, owing to the extreme benignity
of his disposition."

An exciting scene also occurred between Mr.

Henry and George Nicholas on June 23. The lat
ter, in discussing the effect of the Constitution on the
land claims, is thus reported : " As to the claims of
certain companies who purchased lands of the In
dians, they were determined prior to the opening
of the land office by the Virginia Assembly ; and
it is not to be supposed they will again renew
their claims. But, sir, there are gentlemen who
have come by large possessions that it is not easy
to account for. (Here Mr. Henry interfered, and
hoped the honorable gentleman meant nothing per
sonal.) Mr. Nicholas observed, "I mean what I
say. sir."

When Mr. Henry got the floor, the report con
tinues as follows :

" ME. HENEY. Mr. Chairman, if the gentleman
means personal insinuations, or to wound my pri-

'MS.

356 PATRICK HENRY.

vate reputation, I think this an improper place to
do so. If, on the other other hand, he means to go
on in the discussion of the subject, he ought not to
apply arguments which might tend to obstruct the
discussion. As to land matters, I can tell how I
came by what I have ; but I think that gentleman
has no right to make the inquiry of me. I meant
not to offend any one. 1 have not the most distant
idea of injuring any gentleman. My object was to
obtain information. If I have offended in private
life, or wounded the feelings of any man, I did not
intend it. I hold what I hold in right, arid in a just
manner. I beg pardon, sir, for having intruded
thus far."

" MR. NICHOLAS. Mr. Chairman, I meant no per
sonality in what I said, nor did I mean any resent
ment. If such conduct meets the contempt of that
gentleman, I can only assure him it meets with an
equal degree of contempt from me.

"Mr. President observed, that he hoped gentle
men would not be personal ; that they would proceed
to investigate the subject calmly, and in a peaceable
manner.

" Mr. Nicholas replied that he did not mean the
honorable gentleman (Mr. Henry), but he meant
those who had taken up large tracts of land in the
western country. The reason he would not explain
himself before was, that he thought some observa
tions dropped from the honorable gentleman which
ought not to have come from one gentleman to an
other."1

What Mr. Henry had said which could have been
offensive to Mr. Nicholas, the report does not dis-

1 Elliott's Debates, iii., 581-2.

VIRGINIA CONVENTION. 357

close. It must have been some remark when he
interrupted him, not reported.

But these scenes were not confined to Mr. Henry.
In discussing the judiciary, George Mason stated
that,

" There are many gentlemen in the United States
who think it right that we should have one great,
national, consolidated government, and that it is
better to bring it about slowly and imperceptibly
rather than all at once. ... I know from my
own knowledge many worthy gentlemen of this
opinion."

Mr. Madison here interrupted him and demanded
an unequivocal explanation, and a statement of who
the gentlemen were to whom he alluded. Colonel
Mason replied :

" I shall never refuse to explain myself. It is
notorious that this is a prevailing principle. It
was at least the opinion of many gentlemen in con
vention, and many in the United States. I do not
know what explanation the honorable gentleman
asks. I can say with great truth, that the honora
ble gentleman, in private conversation with me,
expressed himself against it; neither did I ever
hear any of the delegates from this State advo
cate it."1

The fact that Pendleton, Wythe, and others in
Virginia, who opposed the earlier measures of the
Revolution, and showed an indisposition to give
up a kingly government, were now the earnest
advocates of the proposed plan, was sarcastical-

1 Elliott's Debates, iii., 522.

358 PATRICK HENRY.

ly alluded to by Colonel Mason in the following
words :

"I have some acquaintance with a great many
characters who favor this government, their connec
tions, their conduct, their political principles, and
a number of other circumstances. There are a great
many wise and good men among them. But when
I look round the number of my acquaintances in
Virginia, the country wherein I was born and have
lived so many years, and observe who are the warm
est and the most zealous friends to this new govern
ment, it makes me think of the story of the cat
transformed into a fine lady; forgetting her trans
formation, and happening to see a rat, she could
not restrain herself, but sprang upon it out of the
chair."1

These passages throw a strong light on the
grounds of distrust of the system entertained by
Mason and Henry and those who acted with them.

The speech of Mr. Henry on June 5, in which he
first developed his objections to the Constitution,
was regarded by many as his greatest effort. Its
effect was for the time overpowering. Two anec
dotes are related illustrative of this. General
Thomas Posey, an officer of distinction in the Rev
olution, and subsequently under Wayne in his In
dian campaigns, was a warm advocate of the Con
stitution ; yet he afterward declared that he was so
overpowered by the eloquence of Mr. Henry on this
occasion as to believe, that the Constitution, if adopt
ed, would be the ruin of our liberties as certainly as
he believed in his own existence; but that subse-

1 Elliott's Debates, iii., 269.

VIRGINIA CONVENTION. 359

quent reflection reassured his judgment, and his
well-considered opinion resumed its place.1 A Mr.
Best, an intelligent gentleman from Nansemond
County, was wont to relate, that the fervid descrip
tion which Mr. Henry gave of the slavery of the
people, brought about by a federal executive at the
head of his armed hosts, was so thrilling that "he in-,
voluntarily felt his wrists to assure himself that the
fetters were not already pressing his flesh, and that
the gallery in which he sat seemed to become as
dark as a dungeon." 2

An incident occurred while Mr. Henry was deliv
ering this speech, which shows that his feelings as
a husband were never lost in those of a patriot. In
the midst of his argument he recognized the face of
his son, whom he had left to protect his family in
his absence, and he knew that some important do
mestic event had brought him to Richmond. He
hesitated a moment, stooped down, and with a full
heart whispered to a friend near him : " Dawson, I
see my son in the hall ; take him out." Mr. Daw-
son at once withdrew with young Henry, and soon
returned with the grateful intelligence that Mrs.
Henry had given birth to a son, and that both
mother and child were doing well.3 The new-born
babe was named Alexander Spotswood, and lived
to be familiar with his father's features and to en
joy his fame, and at the age of sixty-five was laid
by his side in the quiet burial-ground at Red Hill.

With a body so evenly divided the qualities of the
leaders as tacticians were severely tested. Mr. Hen
ry more than sustained his reputation in this regard.

1 Life of A. Alexander, 190. 2 Grigsby's Convention of 1788, 119.

B Idem.

360 PATRICK HENRY.

He brought to bear every legitimate influence with
in his reach to carry his point. He brought out
Mr. Jefferson's advice that nine States adopt and
the other four stand off till the plan should be
properly amended,1 and as his opponents claimed
that New Hampshire would ratify, he insisted that
Virginia should reject in accordance with this ad
vice. He alarmed the British debtors, and the set
tlers on the lands included in the Indiana claim and
the grant to Lord Fairfax, by insisting that under
the proposed Constitution suits would be brought,
and might be maintained to their detriment. But
his use of the Spanish claim to the Mississippi was
the most effective. It was believed that the four
teen delegates from Kentucky would decide the
question before the Convention, and a warm contest
for their votes was the consequence. Mr. Henry
urged with great force the danger of losing the free
navigation of the river under the new system,
which allowed the President and two-thirds of the
senators present to make treaties. He declared that
the Northern States wished to abandon the right,
and to effect their object might confirm a treaty
with Spain when some of the Southern senators
were absent. In support of this view, he alluded
time and again to the action of the Northern States

in the Continental Congress touching this river, and
when Mr. Madison made a statement seemingly con
tradictory of his, he moved that the Convention call
on the members who had served in Congress to re
late the transactions of that body touching the sub
ject. To this his opponents were forced to assent,
and on June 13, General Henry Lee, Mr. Monroe,

1 Letter to A. Donald, Jefferson's Works, ii., 355.

VIRGINIA CONVENTION. 361

Mr. Grayson, and Mr. Madison, each stated his re
collections,1 fully sustaining Mr. Henry's claim that
it was at one time the purpose of the seven Northern
States to yield to Spain that river, at least for a
considerable period. The effect upon the body was
visible. After the adjournment for the day Mr.
Madison wrote to General Washington, almost in
despair :

" Appearances at present are less favorable than
at the date of my last. Our progress is slow, and
every advantage is taken of the delay to work on
local prejudices of particular sets of members.
British debts, the Indiana claim, and the Mississippi,
are the principal topics of private discussion and
intrigue, as well as of public declamation. The
members who have served in Congress have been
dragged into communications on the last, which
could not be justifiable on any other occasion, if on
the present. There is reason to believe that the
event may depend on the Kentucky members, who
seem to lean more against than in favor of the con
stitution. The business is in the most ticklish state
that can be imagined. The majority will certainly
be very small, on whatever side it may finally lie :
and I dare not encourage much expectation that it
will be on the favorable side." 2

On the side of the Federalists various devices
were resorted to in order to insure success. It will
be remembered that Mr. Henry had caused the act
calling the Convention to be so amended as to pro
vide for sending delegates to the conventions of sis
ter States, to consult on the amendments proper to

1 Elliot's Debates, iii., 333-851. 2 Madison's Works, i., 399.

362 PATRICK HENRY.

be engrafted upon the Constitution, and secure una
nimity of action on the subject. The act was drawn
so as to be an invitation to the other States to unite
with Virginia in the effort to secure amendments.1
Governor Randolph, then in accord with the Repub
licans, as the opposition were called, enclosed a copy
of the act to each of the governors of the other
States, to be submitted to the Legislature of his
State. His communications were dated December
27, 1787, but the one addressed to Governor Clin
ton, of New York, did not reach its destination till
March 7, 1788. It was transmitted at once to the
Legislature, then just closing its session, but it
reached the body, which was largely republican, too
late for action to be taken on it. After its adjourn
ment, and in time to reach the Virginia Convention,
Governor Clinton replied to Governor Randolph,
explaining the failure of the New York Legislature
to act, and assuring him of the sympathy of the peo
ple of his State with the Republicans in Virginia.
He further wrote :

" The convention of this State are to meet at
Poughkeepsie, on June 17, to take the proposed sys
tem into consideration, and I am persuaded they
will, with great cordiality, hold communication with
any sister State on the important subject, and es
pecially with one so respectable in point of impor
tance, ability, and patriotism as Virginia. . . .
As the session of your convention will take place
before that of this State, they will, I presume, com
mence the measures for holding such communica
tions as shall be deemed necessary."

1 Herring's Statutes at Large, xii., 463.

VIRGINIA CONVENTION. 363

This letter came to Governor Randolph after he
had determined to vote with the Federalists. He
submitted it to his Council to determine whether it
should be considered a private or public communi
cation. It was decided to be of a public nature.
The Governor, however, did not transmit it to the
Convention, but reserved it for the meeting of the
Legislature in special session, which had been called
for June 23, when the Convention was expected to
be adjourned. In the Legislature a quorum was ob
tained in the House on June 24. This letter, how
ever, was not sent to the Assembly till the next day,
after the final vote in the Convention had been
taken.1 Thus Governor Randolph destroyed its ef
fect upon the work of the Convention. It might
have determined the Convention to send a delegation
to New York and await their report, which would
have been very certainly favorable to the opposi
tion ; and in the meantime the fact that New Hamp
shire had made the ninth State to ratify, might have
determined Virginia to follow Jefferson's advice,
and hold off for satisfactory amendments.

The Federalists used with great effect the influ
ence of Washington, who was in constant communi
cation with Madison and others. Not only his
desire to obtain immediate ratification, but the
certainty that he would be the first president,
had great influence in carrying the Constitution.

1 This is stated in a resolution in the handwriting of George Mason, in
the possession of Miss K. M. Rowland, asking for a committee to inves
tigate Governor Randolph's conduct. The Journal shows communications
enclosing letters, sent by the Governor to the House, on June 24 and
25. Mr. Conway in his "Life of Edmund Randolph," dates his com
munication enclosing this letter June 23. But if this is correct it was
withheld till the 25th. See Edmund Randolph, Chapter xii.

364 PATRICK HENRY.

In view of this Colonel Gray son was tempted to

say :

" I think that, were it not for one great character
in America, so many men would not be for this gov
ernment. We have one ray of hope. We do not
fear while he lives, but we can only expect his fame
to be immortal. We wish to know who, besides
him, can concentrate the confidence and affections
of all America." *

Along with this influence the Federalists urged
the danger of disunion and anarchy, in case of de
lay, a danger altogether chimerical, as was after
ward proved on the refusal of North Carolina and
Rhode Island to ratify.

But notwithstanding these arts, and the able de
fence of the Constitution by such logicians as Mad
ison, Marshall, Pendleton, Wythe, and Nicholas, and
such brilliant orators as Randolph, Lee, and Innes,
it was apparent, on the completion of the examina
tion by sections on June 23, that a majority was for
amendments. The Federalists then resorted to the
tactics of their party in Massachusetts, adding a new
device to it. Wythe, as their spokesman, proposed
" that the committee should ratify the Constitution,
and that whatsoever amendments might be deemed
necessary should be recommended to the considera
tion of the Congress which should first assemble under
the Constitution, to be acted upon according to the
mode prescribed therein." He then read a resolu
tion of ratification, which was afterward reported
by a committee consisting of Messrs. Randolph,

1 Elliott's Debates, iii., 616.

VIRGINIA CONVENTION. 365

Nicholas, Madison, Marshall, and Corbin, as fol
lows :

a We, the delegates of the people of Virginia, duly
elected in pursuance of a recommendation from the
General Assembly, and now met in convention, hav
ing fully and freely investigated and discussed the
proceedings of the Federal Convention, and being
prepared, as well as the most mature deliberation
hath enabled us, to decide thereon ; do in the
name and in behalf of the people of Virginia, de
clare and make known, that the powers granted
under the constitution, being derived from the peo
ple of the United States, may be resumed by them
whensoever the same shall be perverted to their
injury or oppression, and that every power, not
granted thereby, remains with them and at their
will ; that, therefore, no right of any denomination,
can be cancelled, abridged, restrained, or modified,
by the Congress, by the Senate or House of Repre
sentatives, acting in any capacity, by the President
or any department or officer of the United States,
except in those instances in which power is given
by the constitution for those purposes ; and that
among other essential rights, the liberty of con
science and of the press cannot be cancelled,
abridged, restrained, or modified, by any authority
of the United States.

" With these impressions, with a solemn appeal
to the Searcher of hearts for the purity of our in
tentions, and under the conviction that whatsoever
imperfections may exist in the constitution, ought
rather to be examined in the mode prescribed there
in, than to bring the Union into danger by delay,
with a hope of obtaining amendments previous to
the ratification — we, the said delegates, in the name
and behalf of the people of Virginia, do by these
presents assent to and ratify the constitution recom-

366 PATRICK HENRY.

mended on September 17, 1787, by the Federal Con
vention, for the government of the United States ;
hereby announcing to all those whom it may con
cern, that the said constitution is binding upon the
said people according to an authentic copy hereto
annexed."

This ,was an apparent concession to the opposi
tion, and, if it meant anything, meant to secure in
the act of ratification such a construction of the in
strument as would preserve the rights believed to
be in jeopardy. Mr. Henry at once arose and op
posed the motion in a speech of great power. He
insisted that the construction put upon the instru
ment in the resolution of ratification proposed
would not affect its construction when put in opera
tion. That it wras but a proposal to the other
States, and not binding on them unless concurred
in. In this connection he used these memorable
words :

" We have ratified it. You have committed a
violation, will they say. They have not violated
it. We say we will go out . . . we shall be
told we have violated it, because we have left it for
the infringement and violation of conditions which
they never agreed to be a part of the ratification.
The ratification will be complete."

This view was contested by Mr. Nicholas, who
said :

"The language of the ratification would secure
everything which gentlemen desired, as it declared
that all powers vested in the constitution were de
rived from the people, and might be resumed by

VIRGINIA CONVENTION. 367

them whensoever they should be perverted to their
injury and oppression ; and that every power not
granted thereby remained at their will. No danger
whatever could arise ; for, said he, these expressions
will become a part of the contract. The constitu
tion cannot be binding on Virginia, but with these
conditions. If thirteen individuals are about to
make a contract, and one agrees to it, but at the
same time declares that he understands its significa
tion and intent to be (what the words of the con
tract plainly and obviously denote), that it is not
to be construed so as to impose any supplementary
condition upon him, and that he is to be exonerated
from it whensoever any such imposition shall be
attempted — I ask whether, in this case, these condi
tions, on which he has assented to it, would not be
binding on the other twelve. In like manner, these
conditions will be binding on Congress. They can
exercise no power that is not expressly granted
them.'71

Mr. Madison, who spoke after Mr. Nicholas in
favor of this form of ratification, said nothing in dis
approval of this view, and in a speech delivered just
before seemed to agree with it. After reciting the
words of the resolution he said :

" There cannot be a more positive and unequivo
cal declaration of the principle of the adoption."2

Nevertheless, that Mr. Madison did not agree with
Mr. Nicholas, and that the form of ratification pro
posed was a device to catch votes, is conclusively
shown by his private correspondence since made

1 Elliott's Debates, iii., 625-6. 2 Idem, iii., 620.

368 PATRICK HENRY.

public. On June 23, he wrote to General Wash
ington :

" We got through the constitution by paragraphs
to-day. To-morrow some proposition for closing
the business will be made. On our side a ratifica
tion involving a few declaratory truths not affect
ing its validity will be tendered." 1

And a few weeks later, in writing to Colonel
Hamilton concerning the conditional ratification
proposed in the New York Convention, he said :

"The constitution requires an adoption in toto
and forever. It has been so adopted by the other
States. My opinion is, that a reservation of a right
to withdraw, if amendments be not decided upon
under the forms of the constitution within a certain
time, is a conditional ratification; that it does not
make New York a member of the new Union ; and
consequently, that she could not be received on that
plan — compacts must be reciprocal. This principle
would not, in such a case, be preserved. . . The
idea of reserving a right to withdraw was started
at Richmond, and considered as a conditional ratifi-
fication, which was itself abandoned as worse than
a rejection."" 2

With this light upon the inner councils of the
Federalists, it is apparent that the claim of the right
of resumption of powers by the people of the United
States in the preamble of ratification, was intended
to hold out the idea of the right of the State to
secede from the Union, if the construction thereby
put upon the Constitution should not be followed,

1 Madison's Works, i., 401. 2 Hamilton's Works, i., 465.

VIRGINIA CONVENTION. 369

or the powers granted be perverted to her injury ;
while the distinct reservation by the State of a
right to leave the Union was discussed by leading
Federalists in secret conclave, and abandoned, as
making the ratification conditional and of no effect.
Thus in using the words " people of the United
States," they paltered in a double sense, suggesting
the people of the several States, while really mean
ing the people of the entire Union. On the part of
the opposition, Mr. Henry, in his reply to Chancellor
Wythe, brought forward the amendments agreed on
by them,1 with which, previously engrafted, they
declared that they were willing to vote for the
plan of government. The debate upon these rival
proposals continued for two days, and besides
Wythe and Henry, the participants were Randolph,
Mason, Dawson, Grayson, Madison, Nicholas, Har
rison, Monroe, Innes, Tyler, Stephen and Zachariah
Johnson. That the Constitution was defective was
now admitted on all hands. Judge Tyler said truly,
" Previous and subsequent amendments are now the
only dispute.1' 2 In this last great and final struggle
Mr. Henry exhibited no exhaustion, but the three
speeches he made equalled, if they did not excel, in
power any he had delivered in the body. His whole
soul seemed to be thrown into the struggle, and in the
heat of the debate on the 24th he declared, " I shall
have nothing to do with it if subsequent amendments
be determined upon. . . I conceive it my duty, if
this government is adopted before it is amended, to
go home." On reflection, however, he subsequently
changed his mind and retracted this statement.

1 The most of these Mr. Madison strenuously opposed. Elliott's De
bates, iii., 618, 620. - Elliott's Debates, iii., 639.

370 PATRICK HENRY.

It was on the 24th, in his reply to Mr. Madison,
that the celebrated storm scene occurred. It cannot
be better described than it has been by Mr. Wirt.
Says he: "The question of adoption or rejection
was now approaching. The decision was still un
certain, and every mind and every heart was filled
with anxiety. Mr. Henry partook most deeply of
this feeling, and while engaged, as it were in his
last effort, availed himself of the strong sensations
which he knew to pervade the house, and made an
appeal to it which, in point of sublimity, has never
been surpassed in any age or country of the world.
After describing, in accents which spoke to the
soul, and to which every other bosom deeply re
sponded, the awful immensity of the question to
the present and future generations, and the throb
bing apprehensions with which he looked to the
issue, he passed from the house and from the earth,
and looking, as he said, i beyond that horizon which
binds mortal eyes,' he pointed — with a countenance
and action that made the blood run back upon the
aching heart — to those celestial beings who were
hovering over the scene, and waiting with anxiety
for a decision which involved the happiness or mis
ery of more than half the human race. To those
beings — with the same thrilling look and action —
he had just addressed an invocation that made every
nerve shudder with supernatural horror, when lo ! a
storm at that instant arose, which shook the whole
building, and the spirits whom he called seemed to
have come at his bidding. Nor did his eloquence,
or the storm, immediately cease — but availing him
self of the incident, with a master's art he seemed
to mix in the fight of his ethereal auxiliaries, and

VIRGINIA CONVENTION. 371

1 rising on the wings of the tempest, to seize upon
the artillery of Heaven, and direct it against his
adversaries.' The scene became insupportable ; and
the house rose without the formality of adjourn
ment, the members rushing from their seats with
precipitation and confusion."1

In point of sublimity this flight far surpassed the
splendid apostrophe of Demosthenes to the manes
of the heroes of Marathon, Plateea, etc., and the bold
figure of Cicero representing the rocks and moun
tains moved with horror at the bare recital of the
enormities of Verres, which are among their finest
efforts as orators.

Doubtless, if the vote had been taken at once, Mr.
Henry would have carried his point.

The next day Randolph and Madison, alarmed by
the fear of defeat, again urged the danger of dis
union from rejection, and that the desire of the sev
eral States for amendments already expressed, guar
anteed their adoption subsequent to ratification.
They pledged the Federalists in the body to concur
rence in subsequent amendments, and Madison
closed with these words : " Let us join with cor
diality in those alterations we think proper. There
is no friend to the constitution but will concur in
that mode." 2 He had written Washington on the
23d, " We calculate on a majority, but a bare one.
It is possible, nevertheless, that some adverse cir-

1 Note by Mr. Wirt : " The words above quoted are those of Judge
Archibald Stuart : a gentleman who was present, a member of the conven
tion, and one of those who voted against the side of the question supported
by Mr. Henry. The incident, as given in the text, is wholly founded on
the statements of those who were witnesses of the scene, and by com
paring it with the corresponding passage in the printed debates, the
reader may decide how far these are to be relied on as specimens of
Mr. Henry's eloquence." 2 Elliott's Debates, iii., 629-30.

372 PATRICK HENRY.

cumstance may happen." The effort of Mr. Henry
on the next day, had it not been overcome, would
have proved the " adverse circumstance " feared.
But reflection and the influences brought to bear by
the Federalists restored their lines, and when Mr.
Henry on the 25th made his last speech, he evident
ly foresaw the result which awaited the vote to be
taken on that day. He replied to the eloquent
Colonel Innes, whose duty as Attorney -General had
prevented his taking part in the debate at an earlier
day, and in doing so passed upon him the following
splendid compliment, which evidenced not only the
genius of Colonel Innes, but the generosity of Mr.
Henry toward an opponent. He said : " That
honorable gentleman is endowed with great elo
quence — eloquence splendid, magnificent, and suffi
cient to shake the human mind." 1 He closed with
the following words, which were the indication of
his subsequent political course :

" 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 mi
nority 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 to remove the de
fects 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 gone, nor the cause of those who are attached
to the revolution lost. I shall, therefore, patient-

1 Mr. Grigsby cites these sentences as proof by reason of their structure
of Mr. Henry's training as a Latin scholar.

VIRGINIA CONVENTION. 373

ly wait in expectation of seeing that government
changed so as to be compatible with the safety,
liberty, and happiness of the people.''

In lieu of the resolution of ratification he moved :

" That previous to the ratification of the new con
stitution of government recommended by the late
convention, a declaration of rights, asserting and
securing from encroachment the great principles of
civil and religious liberty, and the unalienable
rights of the people, together with amendments to
the most exceptional parts of the said constitution
of government, ought to be referred by this conven
tion to the other States in the American confed
eracy for their consideration."

This was lost by a vote of 80 ayes to 88 noes,
and the vote being then taken on the resolution to
ratify, it was carried by a vote of 89 ayes to 79 noes.

On the same day the following committee of twenty
was appointed to prepare and report the proper
amendments to be recommended : Wythe, Harrison,
Matthews, Henry, Randolph, George Mason, Nicho
las, Gray son, Madison, Tyler, John Marshall, Monroe,
Ronald, Bland, Meri wether Smith, Paul Carrington,
Innes, Hopkins, John Blair, and Simms. Of these,
eleven, namely, Wythe, Matthews, Randolph, Nich
olas, Madison, Marshall, Ronald, Carrington, Innes,
Blair, and Simms, had just voted for ratification.
On the next day the committee reported, without
important change, the amendments which had been
offered by Mr. Henry. They consisted of a bill of
rights and twenty additional articles.1 The third,

1 See post, iii., 593.

374 PATRICK HENRY.

in the following words, was considered by the Fed
eralists the most objectionable.

" When Congress shall lay direct taxes or excises,
they shall immediately inform the executive power
of each State of the quota of such State, according
to the census herein directed, which is proposed to
be thereby raised ; and if the legislature of any
State shall pass a law which shall be effectual for
raising such quota at the time required by Congress,
the taxes and excises laid by Congress shall not be
collected in such State."

A motion to strike it out was lost by a vote of
65 ayes to 85 noes, and the report was then adopted
without a division ; and the representatives of the
State in Congress were enjoined, " to exert all their
influence and to use all reasonable and legal meth
ods," to obtain the adoption of the proposed amend
ments.

Monroe, in writing to Jefferson a few days after
ward, thus describes the conduct of the opposing
parties :

" The discussion, as might have been expected
when the parties were so nearly on a balance, was
conducted generally with great order, propriety,
and respect of either party to the other, and its
event was accompanied with no circumstance on the
part of the victorious that was extraordinary exul
tation, nor of depression on the part of the unfor
tunate. There was no bonfire illumination, etc., and
had there been, I am inclined to believe the opposi
tion would have not only expressed no dissatisfac
tion, but have scarcely felt any at it; for they
seemed to be governed by principles elevated high-

VIRGINIA CONVENTION. 375

ly above circumstances so trivial and transitory in
their nature." 1

Indeed, both parties were deeply impressed with
the grave responsibility of their action, as it was
believed that by the vote given life was breathed
into the Federal Constitution.

It has been sometimes represented that Mr. Mad
ison's logic prevailed over Mr. Henry's eloquence
in this memorable contest, in which they were the
leaders. It is true that Mr. Madison argued with
great logical powers, and that he was a prince among
logicians. But it is not true that Mr. Henry was
simply eloquent. He also displayed great logical
powers, and upon the question of the plan of gov
ernment proposed, over which the trial of logic oc
curred, Mr. Henry prevailed, carrying the Convention
for the amendments he proposed by a large majority.
The question of the best way to secure these amend
ments, whether by previous or subsequent demand,
upon which Mr. Madison prevailed, was one rather
of policy, and was not carried by logic. The argu
ments of Mr. Henry on this question were, in fact,
the more logical, as was demonstrated by the event.

Mr. Madison, in arguing for subsequent amend
ments, probably expected to defeat them altogether,
as he was well aware of the difficulties of procuring
them. He had said in the Philadelphia Convention,
in reply to a suggestion of Judge Ellsworth, that
the defects of the Constitution might be amended.

" The difficulty of getting its defects amended
are great, and sometimes insurmountable. The Vir-

1 Monroe to Jefferson, July 12, 1788 ; Bancroft's History of the Consti
tution, ii. , 474.

376 PATRICK HENRY.

ginia State government was the first which was
made, and although' its defects are evident to every
person, we cannot get it amended. The Dutch have
made four several attempts to amend their system
without success. The few alterations made in it
were by tumult and faction, and for the worse." *

The poorly reported speeches of Mr. Henry at
test the powers of reasoning he displayed on this
memorable occasion, but in addition we have the
testimony of one of his ablest opponents, one who
certainly was a judge of logic, and had ample op
portunity of seeing him in deliberative bodies and
at the bar.

John Marshall, after he had achieved his great
reputation as Chief Justice of the United States,
upon a visit to Warrenton, Va., was asked his
opinion of "Wirt's " Life of Mr. Henry." He replied
that " he did not think it did full justice to its sub
ject. That while the popular idea of Mr. Henry,
gathered from Mr. Wirt's book, was that of a great
orator, he was that and much more, a learned law
yer, a most accurate thinker, and a profound rea-
soner." And proceeding to compare him with Mad
ison : "If I were called upon," said he, " to say who
of all the men I have known had the greatest power
to convince, I should perhaps say Mr. Madison,
while Mr. Henry had without doubt the greatest
power to persuade." 2

Upon this occasion, however, Mr. Madison and
his party carried their point by influences very dif -

1 Elliott's Debates, i. , 465.

2 1 am indebted to Judge James Keith, of Warrenton, Va. , for this
interesting statement, which he obtained from a memorandum of the
conversation made by the late Judge John Scott.

VIRGINIA CONVENTION. 377

ferent from those of logic, some of which, as we
have seen, were questionable.

The strongest force that they brought to bear
was the overshadowing influence of Washington.
To this their success was attributed at the time.

Mr. Monroe, in the letter which has been quoted,
wrote : " Be assured General Washington's influence
carried this government," and this was the opinion
expressed by Grayson and Mason. Even this great
influence, however, would have failed, in all proba
bility, had the Convention known that New Hamp
shire had made the ninth State to ratify on June 21,
or had Governor Clinton's letter to Governor Ran
dolph been laid before the body. As it was, the
result was attained by inducing several of the dele
gates to vote against the wishes of their constitu
ents.1 Among these may be mentioned Humphrey
Marshall, of Fayette County, Kentucky,2 Andrew
Moore, and William McKee, of Rockbridge,3
George Parker, of Accomac, Paul Carrington, of
Charlotte, Levin Powell, of Loudon, William Over-
ton Callis, of Louisa, and William McClerry, of
Monongalia. Had these voted the sentiments of
their constituents as indicated by instructions, or
by the votes of their associated delegates, the re
sult would have been against ratification without
previous amendments.

1 This is shown in an able review of the convention by John Scott,
Esq., of Virginia, in a volume entitled " The Lost Principle."

2 He admits this in his History of Kentucky.

3 These were instructed to vote against ratification without previous
amendments.

CHAPTER XXXVII.

OBJECTIONS TO THE CONSTITUTION.— 1788.

Mr. Henry Declares It a Consolidated Government. — Mr. Madison's
Definition of It. — The Conflicting Theories. — Mr. Henry's After
ward Adopted by the Supreme Court and Federal Government.
— Balance of Power Destroyed. — Want of Eesponsibility. — Ex
ecutive Patronage. — Insufficient Checks. — Bill of Rights Pro
posed. — Its Great Value in the Government. — Eights of Person
and of Property. — Religious Freedom. — Limits of Federal Pow
ers Defined. — Proposed Amendments Not Adopted. — Requisi
tions. — IVo -thirds Majority in Congress in Commercial and
Navigation Acts. — Restriction as to Elections. — Increase of Pay.
— Impeachments. — Term of President. — Jurisdiction of Federal
Courts. — Verifications of Mr. Henry's Predictions. — Implied
Powers. — Abolition of Slavery. — Military Force Used Against
the States. — Interference in Elections. — Improper Use of
Money. — The South Sacrificed to the Interest of the Major
ity. — Tendency to Monarchy. — Conflict of Federal and State
Courts.

BUT the fact that Mr. Henry carried the Convention
on the main topic of debate, the defects of the pro
posed Constitution, is but a part of the honor to be
accorded to him. A study of the reported debates
demonstrates the fact that he was a statesman of
the highest order, and that he understood the na
ture of the new government more thoroughly, and
foresaw its practical working more clearly, than any
of his contemporaries. In truth, he seemed endowed
with something akin to prophetic vision in regard
to its future.1

1 The positions of Mr. Henry stated in this chapter will be found in his
Speeches, in volume iii.

OBJECTIONS TO THE CONSTITUTION. 379

His first and great objection to the new plan was
that it constituted a consolidated government, with
powers drawn directly from the people and operat
ing directly upon the people of the adopting States,
and changed the existing confederation of sovereign
States into a great national supreme government.
He said in his first speech :

" That this is a consolidated government is de-
monstrably clear ; and the danger of such a govern
ment is, to my mind, very striking. . . . Who
authorized them (the framers) to speak the language
of, we the people, instead of, we the States ?

" States are the characteristics and the soul of a
confederation. If the States be not the agents of
this compact, it must be one great, consolidated,
national government of the people of all the
States."

In his second speech he said :

" Have they said, we the States ? Have they
made a proposal of a compact between States ? If
they had this would be a confederation. It is
otherwise most clearly a consolidated government.
. . . Here is a resolution as radical as that
which separated us from Great Britain. It is radi
cal 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 ? "

This view of the nature of the new government J
he continually referred to, and insisted on. Mr.
Madison in reply said :

" I conceive myself that it is of a mixed nature ;
it is in a manner unprecedented; we cannot find

380 PATRICK HENRY.

one express example in the experience of the world.
It stands by itself. In some respects it is a govern
ment of a federal nature ; in others, it is of a con
solidated nature. Who are parties to it ? The
people — but not the people as composing one great
body ; but the people as comprising thirteen sover
eignties." 1

This definition Mr. Henry ridiculed unmercifully.
He said :

" This government is so new, it wants a name. I
wish its other novelties were as harmless as this.
. . . We are told that this government, collect
ively taken, is without example ; that it is national
in this part, and federal in that part, etc. We may
be amused, if we please, by a treatise of political an
atomy. In the brain it is national ; the stamina are
federal ; some limbs are federal, others national.
The senators are voted for by the State legisla
tures ; so far it is federal. Individuals choose the
members of the first branch ; here it is national. It
is federal in conferring general powers, but national
in retaining them. It is not to be supported by the
States ; the pockets of individuals are to be searched
for its maintenance. What signifies it to me that
you have the most curious anatomical description of
it in its creation ? To all the common purposes of
legislation, it is a great consolidated government."

Later, wrhen he had pushed Mr. Madison to the
wall, and wrung from him the admission that by
the possession of the sword and purse the new gov-

1 Elliott's Debates, iii. , 94. Some of the federal features Mr. Madison
had opposed in the Philadelphia Convention, notably equal representation
in the Senate.

OBJECTIONS TO THE CONSTITUTION. 381

eminent possessed everything of consequence, he
said, triumphantly:

" Mr. Chairman, it is now confessed that this is a
national government. There is not a single federal
feature in it. It has been alleged within these
walls, during the debates, to be national and federal,
as it suited the arguments of gentlemen. But now,
when we have heard the definition of it, it is purely
national."

Madison and Randolph did not controvert this
conclusion in their replies, but General Henry Lee
did, claiming that Mr. Henry had " put words in
our (the Federalists') mouths that we never ut
tered." l Had Mr. Henry been a member of the
Federal Convention he would have known that the
body, on the motion of Randolph, supported by Mad
ison, deliberately determined to form a national gov
ernment, and would have understood their silence.

As a corollary of the claim that the Constitution
provided a Federal and not a consolidated govern
ment, it was insisted by some of its advocates, that
if its powers were abused, the State would have the
right to recall the powers which had been delegated
to it.

Judge Pendleton said :

" We will assemble in convention ; wholly recall
our delegated powers, or reform them so as to pre
vent such abuse ; and punish those servants who
have perverted powers, designed for our happiness,
to their own emolument." 2

1 Elliott's Debates, iii., 406. - Idem, iii., 37, and post.

382 PATRICK HENRY.

This Mr. Henry also ridiculed as follows :

" The honorable gentleman who presides told us
that to prevent abuses in our government, we will
assemble in convention, recall our delegated powers,
and punish our servants for abusing the trust re
posed in them. O, Sir, we should have fine times,
indeed, if to punish tyrants, it were only sufficient
to assemble the people ! "

Thus at the moment of its adoption two conflict
ing theories as to the nature of the United States
Constitution were advanced. They continued to
divide parties afterward more distinctly. The
party organized by Jefferson, and afterward led by
Calhoun, insisted that the States had entered into a
compact, that they were still sovereign, and had
only delegated powers which could be recalled.
The party organized by Hamilton, and afterward
led by Webster, agreed with Mr. Henry, that the
people of the States had created a national
government, and endowed it with certain supreme
powers which were irrevocable by the several
States, except by amendment as provided in the in
strument itself, or by revolution. This construction
was adopted by the Supreme Court, and acted on
by the Federal Government in its several depart
ments, and has been finally established beyond con
troversy by the result of the greatest civil war
history has recorded, brought about by the endeavor
of the Southern States to exercise the asserted right
of secession.

As a result of the consolidation of the Federal
Government, Mr. Henry contended fchat the balance
of power between the Northern and Southern States

OBJECTIONS TO THE CONSTITUTION. 383

would be destroyed. He pointed out the fact, that
the Northern were carrying, the Southern produc
ing, States ; that their interests were different, and
that the Southern States would be subjected to the
Northern majority.

Another vital objection to the proposed govern
ment was, that there was not sufficient responsibility
attached to the men who were to conduct it.

As to the responsibility of the Federal agents,
Mr. Madison has stated the reliance of the advo
cates of the Constitution, as follows :

" As a security of the rights and powers of the
States, in their individual capacities, against an un
due preponderance of the powers granted to the
government over them in their united capacity, the
constitution has relied on (1) the responsibility of
the senators and representatives in the legislature
of the United States to the legislatures and people
of the States ; (2) the responsibility of the presi
dent to the people of the United States ; and (3)
the liability of the executive and judicial function
aries of the United States to impeachment by the
representatives of the people of the States, in one
branch of the legislature of the United States, and
trial by the representatives of the States, in the
other branch ; the State functionaries, legislative,
executive, and judicial, being at the same time, in
their appointment and responsibility, altogether in
dependent of the agency or authority of the United
States."

Mr. Henry did not believe these constituted suf
ficient security to the people and the States. He
pointed out the facts that the Senators were not
liable to recall, nor bound to obey instructions, and

384 PATRICK HENRY.

were only inipeachable before the Senate itself ;
that the members of the House of Representatives
were likewise beyond the immediate control of their
constituents, and in a body representing the consoli
dated people of the nation, their responsibility
would be so divided and weakened as to be vir
tually destroyed. They were not even required to
publish their journal, except at their discretion. It
would be easy, he said, for the representatives of
Virginia to excuse their misconduct by saying that
a majority controlled them, and the Northern ma
jority regulating Southern affairs would be under
no responsibility to the Southern people. In addi
tion, no limit was put upon the pay Congress might
vote itself, and the offices in the gift of the Presi
dent, as well as the money of interested people and
foreign nations, could be used with impunity in cor
rupting the members.

As to the President, Mr. Henry insisted that the
immense patronage and power entrusted to him,
with no limit fixed to the number of terms he might
serve, and the inefficiency of an impeachment before
the Senate, would enable him to entrench himself
in his office. Instead of the beautiful features
claimed by the Federalists for the new plan, he saw
" an awful squint in its face, a squint toward mon
archy."

Another grave objection was the want of suffi
cient checks, provided in the Constitution itself, to
the improper use of Federal powers by the several
departments. Mr. Henry urged jb at the real check
to Federal usurpation must be jjaJEL StateTg<5vern-
ments, and in the self-love wnich sustained: them.
The State governments, however, he declared, were

OBJECTIONS TO THE CONSTITUTION. 385

so weakened as to be inefficient for the purpose, and
Federal allurements would prevail over State offices.
To protect the people in their rights of life, lib
erty, and property, and the States in their reserved
rights, Mr. Henry and those acting with him, pro
posed, as we have seen, a bill of rights, and twenty
additional amendments to the Constitution. As the
bill of rights was substantially adopted in the first
eight amendments, we can now, after a century of
experience, estimate somewhat of the value it has
been to the people of the United States. That it
has resulted in the greatest benefit is the concurrent
testimony of the highest authorities. A few may
be cited. Professor Hare, one of the latest and
ablest writers on constitutional law, after giving
the arguments urged against the insertion of a bill
of rights, adds :

" If such were the opinions of Madison and Ham
ilton, there were others who thought differently,
and, as the result has shown, with more reason.
Power, so they argued, tends not only to increase
in force and volume in its onward course, but to
escape through unforeseen breaks and channels from
the dikes by which it is confined. The restraints
should therefore be so explicit that they cannot be
misunderstood." l

Similar testimony is borne by Judge Cooley in
his valuable work on " Constitutional Limitations." 2
But that which is most conclusive is the oft-repeated
testimony of the Supreme Court of the United
States, in passing upon and checking the efforts of
the Federal Government to break through the

1 Hare on American Constitutional Law. i., 506. 2 Chapter ix., 255.

386 PATRICK HENRY.

barriers thus erected around it. Some of the ex
pressions of that august tribunal, in the celebrated
case of Ex-pa/rte Milligan,1 will be of interest. The
case arose on the application of the petitioner to be
discharged from custody and sentence of death,
pronounced by a military court martial, for crimes
alleged to have been committed in Indiana, where
he resided during the Civil War. That State was
never in arms against Federal authority, yet the
prisoner had been denied the right to be tried by a
jury. The court, after reciting the amendments
to the Constitution securing the prisoner's rights,
thus proceeded :

"These securities for personal liberty thus em
bodied, were such as wisdom and experience had
demonstrated to be necessary for the protection of
those accused of crime. And so strong was the
sense of the country of their importance, and so
jealous were the people that these rights, highly
prized, might be denied them by implication, that
when the original constitution was proposed for
adoption it encountered severe opposition : and, but
for the belief that it would be so amended as to
embrace them, it would never have been ratified.

" Time has proven the discernment of our ances
tors ; for even these provisions, expressed in such
plain English words, that it would seem the ingenuity
of man could not evade them, are now, after the
lapse of more than seventy years, sought to be
avoided. Those great and good men foresaw that
troublous times would arise, when rulers and people
would become restive under restraint, and seek by
sharp and decisive measures to accomplish ends
deemed just and proper ; and that the principles of

1 Reported in 4 Wallace, see pp. 130-21.

OBJECTIONS TO THE CONSTITUTION. 387

constitutional liberty would be in peril, unless
established by irrepealable law. The history of
the world had taught them that what was done in
the past might be attempted in the future. The
Constitution of the United States is a law for rulers
and people, equally in war and in peace, and covers
with the shield of its protection all classes of men,
at all times, and under all circumstances. No
doctrine, involving more pernicious consequences,
was ever invented by the wit of man than that any
of its provisions can be suspended during any of the
great exigencies of government.'7

The prisoner was discharged, Justice David
Davis delivering the opinion of a bare majority of
the court ; while Chief Justice Chase delivered the
opinion of the minority, and in doing so claimed
such unbounded Federal power, that Professor
Hare is prompted to say of it :

" Could Patrick Henry have foreseen the opinion
of Chief Justice Chase in Ex-parte Milligan, and
rehearsed it to the Virginia Convention, his dis
belief in paper guarantees would have been con
firmed, his predictions verified, and the new frame
of government rejected without further debate." 1

To these amendments, also, the citizens of the
United States have often been indebted for the pro
tection of their property. A noted instance was
the suit by General George W. P. C. Lee to recover
the Arlington estate, opposite the city of Washing
ton, which had been taken by the United States
Government under a void tax title, and made a
national cemetery during the Civil War. When

1 American Constitutional Law, i., 507.

388 PATRICK HENRY.

General Lee sued the tenants upon the place to
recover possession of his property, he was met by a
plea tbat they held under the United States, and
that the Government could not be sued. Thus one
of the most important of all questions touching the
property of the citizen was raised, for if the act of
the Government could not even be inquired into by
the courts, there was no real security for property.
By a majority of one the Supreme Court sustained
its jurisdiction and the able opinion of Judge
Hughes, of the court below, and gave judgment in
favor of General Lee.1 To Mr. Justice Miller, who
pronounced the opinion, and his four associates, who
united with him in holding that the fifth amend
ment of the Constitution secured the right of the
citizen to his property against the act of the Govern
ment, the country can never be too grateful. But
in a much greater measure should our gratitude be
extended to Mr. Henry, and the noble men who with
him caused the amendments to be engrafted on
the Constitution, which have secured the life, liberty,
and property of the citizen.

The amendment securing liberty of speech and of
the press, was called in requisition early in the his
tory of the Government, when Congress and Presi
dent Adams sought, by the famous sedition law, to
prevent the printing or uttering of anything which
might bring the United States Government into con
tempt or disrepute, or excite against it the hatred of
the good people of the United States. As this oc
curred in the lifetime of Mr. Henry, and had an im
portant bearing on the close of his political life, a
fuller account of it will be given hereafter.

1 See Lee vs. United States, 106 United States Reports, 196.

OBJECTIONS TO THE CONSTITUTION. 389

In the struggle of Mr. Henry in the Convention
for the clause in the bill of rights securing the free
dom of religion, we find him following up the move
he had made in the Virginia Convention of 1776,
and now causing a proper protection to be provided
for that great principle in the supreme law of the
nation. Strange to say, however, Mr. Madison, who
had been his able coadjutor in 1776, was now his
opponent. He claimed that a bill of rights is no
security for religious freedom, and added, "Happily
for the States, they enjoy the utmost freedom of re
ligion. This freedom arises from that multiplicity
of sects which pervades America, and which is the
best and only security for religious liberty in any
society." l

That Mr. Henry was the wiser of the two on this
subject need not be argued now, after the experience
of a century, in which the Government has been so
often tempted to pander to individual sects, and has
only been restrained by the first amendment.

In order to meet any improper application of the
maxim, that an affirmation in particular cases im
plies a negation in all others, and e converso, and to
leave no doubt as to the powers conferred on the
Federal Government, and as to those retained by
the people of the States, Mr. Henry and his party
proposed the first and seventeenth amendments rec
ommended by the Virginia convention. The ninth
and tenth amendments, afterward adopted, wrere in
tended to enforce the same restrictions on the powers
granted under the Federal Constitution. That they
have been most useful, the history of the country
demonstrates. In view of them Judge Story, speak-

1 Elliott's Debates, iii., 330.

390 PATRICK HENRY.

ing for the Supreme Court in Martin vs. Hunter,1
said :

" The government, then, of the United States can
claim no powers which are not granted to it by the
Constitution, and the powers actually granted must
be such as are expressly given, or given by necessary
implication."

But their necessity has become more and more
painfully apparent, by the unremitting effort of leg
islators to break over the bounds thus set to Fed
eral power. Had they been honestly regarded by
those sworn to observe them, a late declaration of
the President of the Senate could not have been
made with any show of truth. At the centennial
celebration of the formation of the Federal Constitu
tion, held in Philadelphia, Senator J. J. Ingalls, of
Kansas, responded to the toast to a The Congress of
the United States." In his speech he said :

"The constitution of 1787, under the construction
of Congress and the decisions of the courts, is widely
different from the constitution of 1887. It is per
haps not too much to say that we could not have
survived the first century of our existence under a
strict application of the written letter of the consti
tution. Its most remarkable feature is its elastic-
flexibility and its latent power, through which it has
been enabled to conform to the necessities, the pas
sions, and the aspirations of the people." 2

\f The learned Senator will hardly get any unpreju
diced student of our history to agree with him, that

1 1 Wheaton, 326.

2 Carson's u One-hundredth Anniversary of the Constitution," ii., 376.

OBJECTIONS TO THE CONSTITUTION. 391

the nation could not have survived a strict applica
tion of the amended Constitution as written. It has
been the disregard of the written instrument which
has endangered the national life. And a construc
tion which gives it an t( elastic flexibility," making
it "to conform to the passions and the aspirations
of the people," is a disregard of the principle which
lies at the bottom of governments regulated by writ
ten constitutions. The very object of a written con
stitution is to curb the passions and the aspirations
of the people, until sober reflection shall provide, by
way of amendment, for those changes which experi
ence shall have demanded.'

The amendments proposed by Mr. Henry which
were not adopted, were well calculated to prevent
the tyrannical use or abuse of power by the Gen
eral Government, and had the most important of
them been engrafted on the Constitution, would
have greatly affected for the better our political
history.1

As the power to tax is the power to destroy,
Mr. Henry insisted that direct taxation and ex
cises should not be trusted with the Federal Gov
ernment, except as a punishment for failure to
comply with requisitions; and to be just, requisi
tions should be in proportion to population. To
enforce these views, the third amendment in the
proposed series was drawn.

Had this been engrafted upon the Constitution,
experience has shown that it would not have crip
pled its legitimate operations, but would have been
most beneficial in its effects.

Two results would undoubtedly have followed.

1 See vol. iii.,596.

392 PATRICK HENRY.

The Federal Government would have been more
economical and honest in its expenditures, and the in
ternal revenue it might have had occasion to raise,
would have been collected in a more equitable man
ner. The large and ever increasing commerce of
the country would have furnished, under proper
duties, the revenue needed, except on extraordinary
occasions. And on these, what could not have been
raised by loans, would undoubtedly have been con
tributed by the States in view of the power of di
rect taxation.

In order to pay the debts contracted during the
Re volution, internal taxes were imposed, and they
caused two serious disturbances of the Government :
the Whiskey insurrection in 1794, and Fries' rebel
lion in 1799. In the War of 1812, and the Civil
War, resort was also had to internal taxes. In
each case great dissatisfaction was created. This
had been, and will always be, because of the great
inequality in, and oppressiveness of, the tax. In a
country so vast and varied in its climate and in
dustries, it is impossible to lay direct taxes or ex
cises without discriminating against some indus
tries, and in favor of others, for all cannot be taxed
alike, or if they could, some would be destroyed by
the burden. The result has been that these internal
taxes have been particularly oppressive to some
sections.

Had Mr. Henry's proposal in this regard been
adopted, the money needed would have been raised
in the States, in just proportions, in the mode easiest
to the people, and through State officers ; and Con
gress would not have asked for more than was
necessary and proper. Thus the responsibility of

OBJECTIONS TO THE CONSTITUTION. 393

the representatives to the people would have been
enforced, and the burden of taxation lightened. As
it is, an army of Federal officers harass the people
and interfere in their elections, in order to preserve
intact their offices; and money, not needed for
legitimate purposes, is wrung from one part of the
people by the votes of representatives whose con
stituents do not feel the burden.

More important in practice has been the power to
regulate commerce, and this Mr. Henry desired to
restrict, by the seventh and eighth of the proposed
amendments. By these, two-thirds of the whole
number of the members of the Senate were required
to ratify a commercial treaty, and two-thirds of the
members present in both houses were required to
pass navigation laws, and laws regulating commerce.
Had these been adopted, the treaties and tariff bills,
which have caused so much dissatisfaction, would
never have been enacted. The protection of the
manufactures of the North by high tariffs, at the
expense of the agriculture of the South, which did
so much to embitter the sections and prepare the
way for the secession movement, would not have oc
curred. As first determined on in the Convention
which framed the Constitution, it required a two-
thirds vote in each house to pass any navigation act,
and Congress could prohibit the slave trade. New
England objected to the first, and South Carolina
and Georgia to the last. By a bargain between
them the slave trade was allowed for twenty years,
and only a majority vote of each house was required
to pass acts touching navigation.1 To this disgrace-

1 The Madison Papers, iii., 1395-6-7, 1415, etc.; Rives's Madison, ii.,
444-452.

394 PATRICK HENRY.

ful bargain, more than to anything else, may be justly
attributed the ills which have afflicted the country
since the adoption of the Constitution. Virginia
protested against it at the time, and Mr. Henry now
earnestly endeavored to right the wrong of leaving
the agricultural States of the South at the mercy of
the trading and manufacturing States of the North.

The interference of the General Government in
Federal elections, which has been so oppressive and
corrupting, would have been prevented had the six
teenth of the proposed amendments been adopted,
which only allows Congress to regulate such elec
tions when the States fail to do so.

By the eighteenth proposed amendment, Senators
and Congressmen would have been prevented from
increasing their own pay. And by the nineteenth,
some tribunal other than the Senate would have
tried impeachments of Senators.

To check the ambition of the President and the
disposition to intrigue for re-elections, the thirteenth
of the proposed amendments would have restricted
his service to eight years in any term of sixteen.
The example of Washington in refusing to serve
more than two terms, seemed to fix eight years as
the limit of the service of any one man, and make it
the unwritten law of the land. But in our own time
the effort has been made to change the rule in favor
of a popular military chieftain, and possibly in the
course of time the rule will be abolished, and the im
mense patronage and power of the President be
used to prolong indefinitely the possession of the
office. Should this evil day come, the forebodings of
Mr. Henry will be realized.

In order to prevent collisions between the Federal

OBJECTIONS TO THE CONSTITUTION. 395

and State judiciaries, and give the latter the power
of self-protection, Mr. Henry proposed the four
teenth of the series of amendments.

By this the judicial power of the United States
would have been vested in a supreme court, and
courts of admiralty, and would have only extended
to cases arising under treaties ; to cases affecting
ambassadors, other foreign ministers, and consuls ;
to cases of admiralty and maritime jurisdiction; to
controversies to which the United States shall be a
party ; to controversies between two or more States,
and between parties claiming lands under the grants
of different States. This would have taken from
the Federal courts jurisdiction in other cases arising
under the Constitution and laws of Congress ; in liti-

O '

gations between a State and citizens of another State ;
between citizens of different States ; and between
a State, or the citizens thereof, and foreign States,
citizens, or subjects.

By the eleventh amendment the jurisdiction was
taken away in suits against a State by citizens of
another State,1 or by citizens or subjects of a foreign
State. The jurisdiction in suits between citizens of
different States, might have been taken from the
Federal courts without in any way interfering with
the operations of the Federal government, as these
are but private controversies. Not so, however,
with the jurisdiction over cases arigjng under the
Constitution and the laws of the United States. To
have deprived the Federal courts of this, would
have indeed crippled the United States government,
and put it under the direction of the State courts.
It would have, in fact, produced inextricable confu-

1 Construed by the Supreme Court to include citizens of the State sued.

396 PATRICK HENRY.

siou, as the courts of the several States, having no
higher court to regulate them, would have placed
various constructions on the United States Constitu
tion and laws, and thus there would have been prac
tically a different Federal government in each
State. Nothing has contributed more to the proper
and uniform working of our system of government,
than the jurisdiction of the Supreme Court in cases
arising under the Constitution and laws of the
United States. By reason of this jurisdiction that
court has been the balance-wheel of the system. Its
decisions have not always been right. This is not ac
corded to fallible men. But no court has command
ed greater respect, or served a more important pur
pose in the history of jurisprudence. Its power to
annul acts which are unconstitutional has been the
great safeguard of our political institutions, and
now that it is admitted to be the final arbiter in all
controversies touching the division of power between
the United States and the several States, we may ex
pect no more appeals to the sword.

It cannot be denied, therefore, that Mr. Henry
and those acting with him were misled by their de
sire to strengthen the State governments, and had
they succeeded in this amendment, would have in
flicted a severe wound on the Federal system, unless
indeed some other tribunal had been substituted for
the Supreme Court, with jurisdiction over Federal
questions. Such a tribunal might have been consti
tuted of members appointed in equal numbers by
the Federal government and the State governments,
they to select an additional member.

There could be no higher proof of Mr. Henry's
political sagacity, than the verification of his pre-

OBJECTIONS TO THE CONSTITUTION. 397

dictions as to the working of the Federal system.
To fully appreciate his foresight would require a
study of the government for a century. A short
reference to the most important of his predictions
may be made, however.

Mr. Madison urged that, as the Constitution only
vested certain powers in the Federal government,
necessary for the government and protection of the
United States, Congress would be confined to the
enumerated powers. But Mr. Henry replied that
Congress would not confine itself to the enumerated
powers, but would claim implied powers, and would
abuse their use. He dwelt upon the certainty that
Congress would construe the clauses empowering it
" to lay and collect taxes, etc. ; . . to pay the
debts and provide for the common defence and wel
fare ; " and " to make all laws which shall be neces
sary and proper for carrying into execution the
powers vested," etc., so as to transcend the enu
merated powers, and to exercise implied powers in
the most dangerous manner.

The construction predicted by Mr. Henry was ad
vocated by Hamilton in the beginning of the gov
ernment,1 and at once gave direction to its conduct.
As early as 1798 Mr. Madison, in the resolutions he
prepared for the Virginia Legislature, used this
language :

" The General Assembly doth also express its
deep regret that a spirit has, in sundry instances,
been manifested by the Federal government to en
large its powers by forced constructions of the con
stitutional charter which defines them ; and that

' See his report of December 5, 1791, on Manufactures.

398 PATRICK HENRY.

indications have appeared of a design to expound
certain general phrases (which having been copied
from the very limited grant of powers in the former
Articles of Confederation, were the less liable to be
misconstrued) so as to destroy the meaning and
effect of the particular enumeration which necessa
rily explains and limits the general phrases, and so
to consolidate the States by degrees into one sov
ereignty, the obvious tendency and inevitable result
of which would be to transform the present republi
can system of the United States into an absolute, or
at least a mixed, monarchy." *

Could Mr. Henry's great opponent have given more
explicit testimony to his superior wisdom? And
if there was any ground for this arraignment of
the Federal government in 1798, how much more is
there now ?

In the case of McCulloch vs. The State of Mary
land,2 decided in 1819, Chief Justice Marshall, de
livering the opinion of the Supreme Court, held that
although the Constitution gave no express authority
to create corporations, yet Congress might properly
charter a bank under its implied powers, in order to
facilitate the collection, transmission, and safe-keep
ing of the revenue of the United States, required
by the Constitution to be raised. This was consid
ered by many a most dangerous advance in the as
sumption of powers not granted to the General gov
ernment. But the doctrine was tempered by the
following declaration of the court :

" The power of creating a corporation, though
appertaining to sovereignty, is not, like the powers
of making war or levying taxes, or of regulating

1 Madison's Works, iv., 506. * 4 Wheaton, 316.

OBJECTIONS TO THE CONSTITUTION. 399

a great substantive and independent
power, which cannot be implied as incidental to
other powers, or used as a means of executing them."

It follows, that if a power is granted in the Con
stitution in terms importing a limitation or a qual
ification, it cannot be exercised as incidental to some
other power, disregarding the limitation or qualifi
cation annexed to the express grant.1 But this ap
parently self-evident proposition has long since been
discarded, and now Congress exercises as incidental
to express powers, other express powers, without re
gard to the limitations imposed on the latter.

An illustration is furnished by the protective tar
iff system. The power of taxation by duties, etc.,
is expressly given to enable Congress " to pay the
debts and provide for the common defence and gen
eral welfare of the United States." It has been
well said, " It is inherent in the idea of taxation
that it should be for the public good ; and a law
taxing one set of men for the benefit of another, or
in furtherance of an industrial enterprise in which
they were engaged, would be regarded as confisca
tion in all civilized countries." 2 This has been fre
quently held by the Supreme Court as the true
theory of taxation, in cases arising on enactments of
municipal bodies which imposed taxation to aid
private enterprises. In one of these,3 that court
said, "To lay with one hand the power of govern
ment on the property of the citizen, and with the
other to bestow it upon favored individuals to aid
private enterprises and build up private fortunes,

1 Judge Sharswood in Borie vs. Trott, 5 Philadelphia, 397.
• Hare : American Constitutional Law, 1280.
3 Loan Association vs. Topeka, 20 Wall., 655.

400 PATRICK HENRY.

is none the less a robbery because it is done under
the forms of law and called taxation." It follows
that Congress, under the express grant of the power
of taxation, can only lay duties to raise needed rev
enue, and that any protection to American indus
tries must be incidental to this exercise of an ex
press power. But Congress has also the power to
regulate commerce, and in doing so it claims an in
cidental power to lay duties on imports. The exer
cise of this incidental power has not been limited
to the raising of revenue, but has been frequently
used for the protection of American industries from
foreign competition, even to the reduction or ''de
struction of the revenue which might be drawn
from the particular duty. Thus Congress, by means
of a protective tariff, prevents cheap foreign articles
from being sold in competition with American pro
ducts, and enables the American manufacturer to
sell his goods at higher rates. This is in effect tax
ing the consumer for the benefit of the producer or
manufacturer, the taking of one man's property and
bestowing it on another. Whatever may have been
the reasons which impelled Congress to this course,
and it rnay be admitted that the body acted with
the greatest wisdom in the view of certain political
economists, the fact cannot be disputed that such an
exercise of an express as an implied power, with
out its accompanying restriction, has been the ful
filment of the prediction of Mr. Henry.

One of Mr. Henry's predictions as to the exercise
of implied powers was very remarkable. He said :

" Among ten thousand implied powers which they
may assume, they may, if we be engaged in war,

OBJECTIONS TO THE CONSTITUTION. 401

liberate every one of your slaves if they please.
And this must and will be done by men, a majority
of whom have not a common interest with you.
. . . Have they not power to provide for the
general defence and welfare ? May they not think
that these call for the abolition of slavery ? May
they not pronounce all slaves free, and will they
not be warranted by that power ? "

The reader need not be reminded that this
has literally come to pass in the manner fore
told, by the emancipation proclamation of Pres
ident Lincoln during the civil war, which was en
forced by Congressional enactments and Federal
armies.

Mr. Henry also foretold that the Federal govern
ment would oppress the States, using a " standing
army to execute the execrable commands of tyr
anny." This, too, has been literally fulfilled.

The civil war came to an end in 1865, and on
April 2, 1866, the President of the United States
by his proclamation declared, " that the insurrection
which heretofore existed in the States of Georgia,
South Carolina, Virginia, North Carolina, Tennessee,
Alabama, Louisiana, Arkansas, Mississippi, Texas,
and Florida, is at an end, and is henceforth to be so
regarded."

These States, which had formed the " Confederate
States," had been treated by the Federal govern
ment, in all its departments, as still members of the
United States, and their ordinances of secession null
and void. They had continued under the same
forms of State governments that had existed before
the war, except that a government for Virginia had
been set up at Alexandria, under Governor Pier-

402 PATRICK HENRY.

point, which adopted a modified constitution. This
last was recognized by the Federal government as
the true government of Virginia, both during and
after the war. Nevertheless Congress, on March 2,
1867, passed an act, declaring "that no legal State
government, or adequate protection for life or
property," now exists in these States, and dividing
them into five military districts, of which Virginia
was number one. Over these the act -directed the
President to appoint officers of the army, who were
authorized to use local civil tribunals, or military
commissions, at their pleasure, to protect persons in
their rights of person and property, etc. This act
also provided that, when these several States should
have called conventions, to be elected by the votes
of all persons, regardless of race or previous condi
tion, who had attained twenty-one years of age, and
were not disfranchised by participation in the re
bellion, or by felony ; and these had framed consti
tutions which should have been adopted by a ma
jority of such voters, granting the elective franchise
to the same description of persons, and the same
had been approved by Congress ; and when the
legislatures of these States, elected under such new
constitutions, should have adopted the proposed
amendment to the United States Constitution, known
as the Fourteenth, and the same should have become
a part of the Constitution, then the said States should
be entitled to representation in Congress. Until
these States were thus admitted to representation
in Congress, it was provided that " any civil govern
ments which may exist therein shall be deemed
provisional only, and in all respects subject to the
paramount authority of the United States at any

OBJECTIONS TO THE CONSTITUTION. 403

time to abolish, modify, control, or supersede the

same."1

This act was plainly intended to force upon the
South unlimited negro suffrage through the four
teenth amendment. A more open and tyrannical
violation of the Constitution can hardly be con
ceived.

The State of Mississippi filed a bill in the Su
preme Court, praying that the President be enjoined
from enforcing it, on the ground of its unconstitu
tionally, and its destruction of State govern
ment. This was refused, the court holding that it
had no power to enjoin the President. The ques
tion of the validity of the act was afterward raised
by one McArdle, who was arrested and held for
trial before a military commission, appointed by
the general commanding in Mississippi. After the
case was argued before the Supreme Court of the
United States, and before an announcement was
made of its decision, Congress, doubtless believing
that the court would decide against the act, repealed
the law allowing it jurisdiction in the case,2 and
thus prevented their violation of the Constitution
from being exposed by this high tribunal. The
Southern States were thus left to the mercy of
Congress unrestrained by constitutional limitations,
which for ten years used in them a " standing army
to execute the execrable commands of tyranny."

In the control given Congress over the manner of
holding Federal elections, Mr. Henry foresaw the
danger which is now engaging the earnest attention
of the country, and is dividing political parties.

1 Statutes at Large, Thirty-ninth Congress, 428.

2 Ex parte McArdle, 7 Wall., 506.

404 PATRICK HENRY.

In delivering the judgment of the Supreme Court
in ex parte Yarbrough,1 Justice Miller claimed for
Congress such far-reaching power in the conduct of
elections, that Professor Hare is led to say of it :

" It may be inferred from this decision that Con
gress may regulate the election of the electoral col
leges and State legislatures, because the former
choose the President and the latter the senators of
the United States, and the duty which the voter per
forms in casting his ballot in either case concerns
the general Government as well as the State. Such
a conclusion may be logical, but was seemingly not
anticipated by the framers of the Constitution, or
the conventions which ratified it." 2

The great danger to the country lies in the temp,
tation to the political party controlling Congress to
so manipulate the elections as to perpetuate its
powers.

Another danger in Federal elections, foreseen by
Mr. Henry, was the improper use of money. He
predicted that rich men would carry the elections
and constitute an aristocracy of wealth. As the
country has become richer, this has been more and
more sadly realized, and it is now admitted to be
one of the greatest dangers to the Republic. Brib
ery in elections has become open and shameless, and
the most conspicuous corruptors of the people, in
stead of being relegated to infamy, are too often re
warded by high official positions.

Mr. Henry insisted that the guards against the
profligate use of public money were not sufficient,

1 110 United States Reports, 651.

9 Hare : American Constitutional Law, i. , 528.

OBJECTIONS TO THE CONSTITUTION. 405

there being no security offered but the honesty of
rulers, a poor dependence. An examination of the '
appropriation bills since the adoption of the Con
stitution will demonstrate the wisdom of his warn
ing in this regard, and the rapid growth of the evil.

The conduct of the Northern members of Con
gress, especially in the matter of the Mississippi,
induced Mr. Henry to predict, that under a govern
ment which subjected the South to the will of a
Northern majority, that majority having different
interests, would never consent to Southern aggran
dizement.

The history of the country may be appealed to
for the fulfilment of this prophecy, and the justifica
tion of the fears he expressed.

Mr. Henry's declaration that the Federal Govern
ment " squints toward monarchy," is now, after a
century of trial, admitted to be true by writers on
the subject. Professor Hare, in his work heretofore
cited, after stating that in England the prime minis
ter is the responsible executive officer, and that he is
controlled by the House of Commons, adds :

" Our system, on the contrary, intrusts the executive
department of the government to a chief magistrate,
who, during his term of office, and so far as his
power extends, is virtually a king. . . . When
President Polk precipitated hostilities with Mexico
by marching an army into the disputed territory,
Congress had no choice but to declare the existence
of the war which he had provoked, and which they
had no power to terminate. ... A chief mag
istrate who wields the whole military, and no incon
siderable share of the civil power, of the State, who
can incline the scale to war arid forbid the return of

406 PATRICK HENRY.

peace, whose veto will stay the course of legislation,
who is the source of the enormous patronage which
is the main lever in the politics of the United States,
exercises functions more truly regal than those of
an English monarch. . . . Elect such a magis
trate for life, or give him a permanent hold on office,
and he may be termed Mr. President, but will be
every inch a king. . . . No one can read the
judicial decisions which treat of the chief magistrate
without seeing that he may exercise a large discre
tion even in peace ; and his authority as commander-
in-chief during war and insurrection is, agreeably
to the same judgments and the practice of Mr. Lin
coln's cabinet, as indefinite and arbitrary as that ex
ercised by the Roman Consuls when instructed to
take care that the Republic should not suffer
harm." 1

The interference of the Federal with the State
judiciary, and the encroachment of the former upon
the latter, were foretold by Mr. Henry, and his fears
have proved to be well founded. The jurisdiction
of the Federal judiciary in all cases arising under
the constitution and laws of Congress, has been
shown to be wise, as securing uniformity to the op
eration of the government. But there was no such
need for clothing the Federal courts with jurisdic
tion in cases arising between citizens of different
States, regardless of the grounds of the litigation.
It was given because of distrust of the State courts.
The result has been, that a large part of the busi
ness in the Federal courts comes under this head,
and in the broad range taken, many conflicts have
occurred in the rulings of the two sets of tribunals.
The Federal courts consider themselves bound gen-

1 American Constitutional Law, 171-174.

OBJECTIONS TO THE CONSTITUTION. 407

erally to follow the decisions of the State courts, on
questions arising under their constitutions and laws,
but not bound to follow such decisions upon ques
tions of general jurisprudence. This conflict brings
the administration of justice into disrepute by mak
ing the result of causes depend upon the forum
where they are instituted. The disgraceful spec
tacle is sometimes presented of a plaintiff, against
whom the judge has charged the jury, taking a
nonsuit, and bringing a new suit in a different
tribunal and there obtaining a judgment in his
favor.

Not only is the jurisdiction of the State courts
interfered with in this way, but by the act of Con
gress for the removal of causes from State to Fed
eral courts, suits originally brought in the State
courts are liable to removal when they might have
been originally brought in the Federal courts. This
interference is also seen in the powers exercised by
the Federal courts in some cases to enjoin the ac
tion of State courts, and to discharge upon writs of
habeas corpus prisoners held under State prosecu
tions. The jurisdiction given to Federal courts in /
" controversies between a State and citizens of an
other State," was objected to by Mr. Henry as au
thorizing suits against a State by citizens of other
States. This construction was opposed by both
Madison and Marshall, who contended that it only
referred to suits brought by a State as plaintiff.1 In
1793 the question was raised before the Supreme
Court, in the case of Chisholm vs. The State of
Georgia, when the view of Mr. Henry was followed
by the court. This caused the adoption of the elev- J

1 Elliott's Debates, iii., 533-555.

408 PATRICK HENRY.

enth amendment, divesting the Federal courts of
jurisdiction in such cases.

These are some of Mr. Henry's predictions as to
the working of the unamended Constitution, and in
considering what he foretold we must take into ac
count the effect of the amendments that were adopt
ed. His great aim was to engraft such amendments
as would protect the rights of the people and of the
States from the great power called into existence,
and to render that power an instrument for good only.
He valued the Union as the child of his loins, but
he valued liberty more, and he labored to preserve
both by making union the handmaid of liberty.

CHAPTER XXXVIII.

STBUGGLE FOR AMENDMENTS.— 1788, 1789.

Meeting of Legislature in Extra Session. — Governor Clinton's Let
ter. — Convention of New York. — Recommends Another Federal
Convention. — Convention of North Carolina. — Demands Pre
vious Amendments. — Mr. Henry's Attitude. — Fears of the Fed
eralists Concerning Him. — Meeting of Legislature in October,
1788. — Course Pursued by Mr. Henry to Obtain Amend
ments. — Passage Between him and Francis Corbin. — Reply to
Governor Clinton's Letter. — Election of Senators. — Mr. Madi
son's Pledge to Support Amendments. — Mr. Henry's Letter to
R. H. Lee, giving Reason for Opposing Madison.— Districting
the State. — Mr. Madison's District. — Letters of Decius. — Con
demned by Federalists. — Dignified Course of Mr. Henry Under
the Slanderous Attack.

THE Legislature of the State had been called to
meet in extra session on June 23, to consider the
protest of the judges of the Court of Appeals
against an act for the establishment of District
Courts. So great was the desire to listen to the
closing debates in the Convention, that no quorum
could be gotten in the House till the 24th, nor in
the Senate till next day. The House received the
Governor's message on the 24th, but adjourned with
out reading its accompanying papers. After the
vote of the Convention for ratification on the 25th,
the Legislature was enabled to proceed to business.
It was then that the body learned, from the Gov
ernor's communication, of the letter of Governor
Clinton of May 8, inviting a conference between
the Virginia and New York Conventions on the

410 PATRICK HENRY.

subject of the Federal Constitution, which had been
withheld from the Convention. A resolution cen
suring Governor Randolph for this was drafted by
George Mason, and is still preserved among his pa
pers,1 but the Journal does not show that it was of-
fered. His course added to the bitterness which
his conduct in the Convention had aroused, and we
find Colonel Mason in his private correspondence
alluding to him as "the little Arnold."2

The Legislature did little besides suspending the
act constituting the District Courts, and sat only
six days.

The Convention of New York met June 17, at
Poughkeepsie. Of the sixty-five members two-
thirds were opposed to unconditional ratification.
Governor George Clinton led the opposition, and
Alexander Hamilton led the Federalists. Both
were ably supported by men of great ability. On
the 24th news came of the ratification by New
Hampshire, as the ninth State, but it did not decide
the Convention. " Our chance of success depends
on you," wrote Hamilton to Madison. On July 3,
news was received of the action of Virginia. The
opposition now offered a bill of rights and numer
ous amendments, some of which were to be made
conditions of ratification. This was opposed by a
motion to ratify and recommend amendments, and
this again by a motion to ratify with a reservation
of the right to secede, if the desired amendments
should not be accepted. To meet this Hamilton
consulted Madison, and read to the Convention his

1 Kindly shown me by Miss Kate Mason Rowland, who is preparing a
Life of George Mason.

- Letter in possession of Miss K. M. Rowland.

STRUGGLE FOR AMENDMENTS. 411

written opinion, that a conditional ratification would
not make New York a member of the new union.1
Finally, on July 25, a compromise was made, and
the Convention agreed to ratify, propose amend
ments, more numerous than those of Virginia, and
order a circular letter to be sent to the legislatures
of the several States, recommending the call of an
other General Convention to act upon the amend
ments proposed by the States. The vote ordering
this letter was unanimous.

The North Carolina Convention met July 21, and
consisted of two hundred and eighty members, with
a large majority opposed to ratification without
amendments. The Federal forces were led by
James Iredell, a man of great ability and learning.
The opposition was led by Willie Jones, of Halifax,
the most influential man in the State. Possessed of
great wealth and consummate knowledge of human
nature, he was a born leader of men. An aristocrat
in his habits, he was an ultra democrat in his theory
of government. The influence of Virginia upon this
State was admitted by the Federalists, who consid
ered its adoption of the new Constitution doubtful
from the time that the action of the Virginia Legis
lature at its session in 1787 was received.2 Mr.
Jones read a letter of Mr. Jefferson, wishing that
nine States might ratify and the rest hold aloof for
amendments. Upon his motion the Convention, on
August 2, deferred ratification, and proposed amend
ments similar to those of Virginia, by a vote of 184
against 84. There can be no doubt that this step
was taken upon the advice of the advocates for

1 See extract, p. 368, ante, and Hamilton's Works, i., 465.

2 McKee's Life of Iredell, ii., 217.

412 PATRICK HENRY.

amendments in Virginia and New York ; and the in
timate knowledge of North Carolina sentiment in
dicated in the letter of Mr. Henry to General Lamb,
in June, shows that he was in personal correspond
ence with the republican leaders of that State. In
deed, Mr. Madison did not hesitate to ascribe the
action of North Carolina, in part at least, to Mr.
Henry's management.1

The sincerity of Mr. Henry's declaration in tak
ing leave of the Convention, that he would live un
der the Federal Constitution a peaceable citizen,
was soon put to the test. The following incident
has been preserved by a contemporary, David
Meade Randolph :

" In the evening of the day of the final vote (in
the Convention), General Meade2 and Mr. Cabell as
sembled the discontents in the old senate chamber,
and after a partial organization of the party, a dep
utation was sent to Patrick Henry, inviting him to
take the chair. The venerable patriot accepted.
Understanding that it was their purpose to concert
a plan of resistance to the operations of the Federal
government, he addressed the meeting with his ac
customed animation upon important occasions, ob
serving ' he had done his duty strenuously in oppos
ing the constitution, in the proper place, and with
all the powers he possessed. The question had
been fully discussed, and settled, and that, as true
and faithful republicans, they had all better go
home ; they should cherish it and give it fair play,
support it too, in order that the Federal administra
tion might be left to the untrammelled and free ex
ercise of its functions,' reproving, moreover, the half •

1 Madison's Works, i., 411, Letter to Jefferson, August 23, 1788.

2 Doubtless General Richard Kidder Meade.

STRUGGLE FOR AMENDMENTS. 413

suppressed factious spirit which he perceived had
well-nigh broken out. The impressive arguments
of Mr. Henry produced the gratifying effect he had
hoped for."

But while Mr. Henry set his face against all fac
tious opposition to putting the new Constitution in
operation, he was unremitting in his efforts to pro
cure the amendments he deemed of such vital im
portance. His meeting with the Legislature in
extra session satisfied him that the body was of his
views, and he had but to wait for its regular session

to embody them in acts. The private correspond
ence of the Federalists reveals their fear and suspi
cion of him, and conduct which had for its single
object the engrafting upon the Constitution of the
proposed amendments, was interpreted as designed
for the overturning of the system. Thus Madison
wrote to Washington on June 27, the day of ad
journment: "The minority are to sign an ad
dress this morning, which is announced to be of a
peace-making complexion. Having not seen it, I
can give no opinion of my own. I wish it may not
have a further object. Mr. Henry declared, previous
to the final question, that although he should sub
mit as a quiet citizen, he should seize the first mo
ment that offered for shaking off the yoke in a con
stitutional way. I suspect the plan will be to en
gage two-thirds of the Legislatures to the task of
undoing the work ; or to get a Congress appointed
in the first instance that will commit suicide on their

1 Southern Literary Messenger, i., 832. This account was also substan
tially given by Mr. Richard Venable, of Prince Edw;ird County, to Hon.
.Tnmes "W. Bouldin, who related it in a letter to the author's father.

414 PATRICK HENRY.

own authority." 1 On July 24, he wrote from New
York to Jefferson :

" Although the leaders, particularly Henry and
Mason, will give no countenance to popular vio
lence, it is not to be inferred that they are reconciled
to the event, or will give it a positive support. On
the contrary, both of them declared they could not
go that length, and an attempt was made under
their auspices to induce the minority to sign an ad
dress to the people, which, if it had not been de
feated by the general moderation of the party,
would probably have done mischief.'

5)2

Mr. Madison had evidently not been informed
that Mr. Henry prevented the meeting from sending
out the pj'oposed address.

When the proposal of New York for a second
Federal Convention became known, fresh alarm was
manifested on the part of the Federalists. Madison
wrote to Washington from New York, August 15 :

" You will have seen the circular letter from the
convention of this State. It has a most pestilent
tendency. If an early general convention cannot be
parried, it is seriously to be feared that the system
which has resisted so many direct attacks may be at
last successfully undermined by its enemies." 3

On the other hand, the proposal was hailed with
delight by the anti-Federalists.

As the time approached for the meeting of the
Assembly, the fear of Mr. Henry's influence seemed
to fill the breasts of his opponents. No one was

1 Madison's Works, i., 402. -Idem, 405. 3Idem, 410.

STRUGGLE FOR AMENDMENTS. 415

more troubled with it than Washington. A visit
to Mount Vernon by Edward Carrington, one of the
most active of Mr. Henry's opponents, seems to
have resulted in a plan to counteract his influence,
if possible. Carrington wrote to Madison, October
19, en route to Richmond, to take a seat in the Legis
lature :

"I left Mount Vernon on Friday; during my
stay there I had much conversation with the Gen
eral upon the probable politics of the Assembly,
with respect to the constitution. He is fully per
suaded that anti-federalism will be the actuating
principle, and that great circumspection is necessary
to prevent very mischievous effects from a co-opera
tion in the insidious proposition of New York. He
is particularly alarmed from a prospect of an elec
tion for the Senate, entirely anti-Federal. It is said
in this part of the State that Mr. Henry and Mr. R.
H. Lee are to be pushed. I believe it is founded
only in conjecture, but the General is apprehensive
it may prove true ; that to exclude the former will
be impossible ; and that the latter being supported
by his influence, will also get in, unless a Federalist
very well established in the confidence of the people
can be opposed. He is decided in his wishes that
you may be brought forward upon this occasion."

The apprehensions of Washington were expressed
in his private letters, and he was evidently alarmed
lest Mr. Henry should make the shipwreck of the
new plan. In a letter to Madison, September 21,
1788, he urges the election of Federalists to Con
gress, and adds : " To be shipwrecked in sight of
the port would be the severest of all possible aggra-

1 Bancroft's Constitution, ii. , 480.

416 PATRICK HENRY.

vations to our misery, and I assure you I am under
painful apprehensions from the single circumstance
of Mr. Henry 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."
Misled by men who could not appreciate the pa
triotism and political wisdom of Mr. Henry,
Washington thus gave into their suspicions ; but he
lived to call upon Mr. Henry to aid him in prevent
ing the shipwreck of the Federal system by some of
the men \vho now claimed that such was Mr. Henry's
object.

The Legislature met October 20, and Mr. Henry
at once entered upon his usual active service as a
member. He was chairman of the Committee of
Courts of Justice, and a member of four other of
the standing committees. As was feared by the
Federalists, he at once showed himself the master
spirit of the Assembly. On October 29, he de
clared " that he should oppose every measure tend
ing to the organization of the Government, unless
accompanied with measures for the amendment of
the Constitution ; for which purpose he proposed
that another general convention of deputies from
the different States shall be held, as soon as practi
cable." 2 The resolutions he offered for this pur
pose had the following preamble :

" Whereas, the convention of delegates of the peo
ple of this commonwealth did ratify a constitution
or form of government for the United States, re-

1 Writings of Washington, ix., 433.

2 Letter of Charles Lee to Washington, October 29, 1888 ; Correspond
ence of the Revolution, iv., 240.

STRUGGLE FOR AMENDMENTS. 417

f erred to them for their consideration, and did also
declare that sundry amendments to exceptionable
parts of the same ought to be adopted. And
whereas, the subject-matter of the amendments
agreed to by the said convention involves all the
great essential and unalienable rights, liberties, and
privileges of freemen, many of which, if not can
celled, are rendered insecure under the said Con
stitution until the same shall be altered and
amended."

The first resolution was as follows :

" That for quieting the minds of the good citizens
of this commonwealth, and securing their dearest
rights and liberties, and preventing those disorders
which must arise under a government not founded
on the confidence of the people, application be made
to the Congress of the United States, as soon as
they shall assemble under the said constitution, to
call a convention for proposing amendments to the
same according to the mode therein directed."

Then followed resolutions for appointing a com
mittee to draft a proper application to Congress, a
reply to Governor Clinton's communication as pres
ident of the New York Convention, and a circular
to the other States.1 These resolutions were a
bitter pill to the Federalists, for they not only
asked for the dreaded new convention, but de
scribed the friends of the proposed plan as betray
ers of the dearest rights of the people. When they
came up for action the Federalists offered as a sub
stitute a resolution calling on Congress to pass an
act, " recommending to the Legislatures of the sev-

1 Journal of the House of Delegates, 16.

418 PATRICK HENRY.

eral States the ratification of a bill of rights, and of
certain articles of amendment proposed by the Con
vention of this State for the adoption of the United
States, and that until the said act shall be ratified
in pursuance of the fifth article of the said consti
tution of government for the United States, Con
gress do conform their ordinances to the true spirit
of the said bill of rights." 1

Thus the Federalists were forced to urge the adop
tion of Mr. Henry's proposed amendments, to avoid
the danger of a new convention. But they did not
succeed in defeating his call for another convention.
The vote was 39 for the substitute, and 85 against
it, and Mr. Henry's resolutions were then carried
without division.

During the animated debate which arose upon
these resolutions, an incident occurred which illus
trated Mr. Henry's power of acting. It will be best
related in the words of Mr. Wirt.

" It was in the course of the debate which has
been just mentioned, that Mr. Henry was driven
from his usual decorum into a retaliation, that be
came a theme of great public merriment at the time,
and has continued ever since one of the most popu
lar anecdotes that relate to him. He had insisted,
it seems, with great force, that the speedy adoption
of the amendments was the only measure that could
secure the great and inalienable rights of the free
men of this country — that the people were known
to be exceedingly anxious for this measure — that it
was the only step that could reconcile them to the
new constitution — and assure that public content-

1 Journal, 16, 17.

STRUGGLE FOR AMENDMENTS. 419

ment, security and confidence, which were the sole
objects of the government, and without which no
government could stand — that whatever might be
the individual sentiments of gentlemen, yet the
wishes of the people , the foundation of all authority,
being known, they were bound to conform to those
wishes — that, for his own part, he considered his
opinion as nothing when opposed to those of his
constituents ; and that he was ready and willing, at
all times and on all occasions ' to bow, with the ut
most deference, to the majesty of the people? A
young gentleman on the Federal side of the house,1
who had been a member of the late convention, and
had in that body received, on one occasion, a slight
touch of Mr. Henry's lash, resolved now, in an ill-
fated moment, to make a set charge upon the vet
eran, and brave him to the combat. He possessed
fancy, a graceful address, and an easy, sprightly
elocution ; and had been sent by his father (an opu
lent man, and an officer of high rank and trust un
der the regal government) to finish his education in
the colleges of England, and acquire the polish of
the court of St. James ; where he had passed the
whole period of the American Revolution. Return
ing with advantages which were rare in this coun
try, and with the confidence natural to his years
presuming a little too far upon those advantages,
he seized upon the words 'bow to the majesty of
the people,' which Mr. Henry had used, and rung
the changes upon them with considerable felicity.
He denied the solicitude of the people for the
amendments so strenuously urged on the other side ;
he insisted that the people thought their ''great and
unalienable rights ' sufficiently secured by the con
stitution which they had adopted ; that the pream
ble of the constitution itself, which was now to be

1 Francis Corbin, a son of the colonial receiver general from whom Mr.
Henry had forced a remuneration for the gunpowder in 1775.

420 PATRICK HENRY.

considered as the language of the people, declared
its objects to be, among others, the security of those
very rights; the people then declared the constitu
tion the guarantee of their rights ; while the gentle
man, in opposition to this public declaration of their
sentiments, insists upon his amendments as furnish
ing that guarantee ; yet the gentleman tells us that
c he bows to the majesty of the people.' These
words he accompanied with a most graceful bow.
' The gentleman,' he proceeded, ' had set himself in
opposition to the people throughout the whole
course of this transaction ; the people approved of
the constitution : the suffrage of their constituents
in the last convention had proved it ; the people
wished, most anxiously wished, the adoption of the
constitution as the only means of saving the credit
and honour of the country, and producing the sta
bility of the Union. The gentleman, on the con
trary, had placed himself at the head of those who
opposed its adoption — yet, the gentleman is ever
ready and witting, at all times and on all occasions,
to bow to the majesty of the people ' (with another
profound and graceful bow). Thus he proceeded,
through a number of animated sentences, winding
up each one with the same words, sarcastically re
peated, and the accompaniment of the same graceful
obeisance. Among other things, he said ' it was of
little importance whether a country was ruled by a
despot with a tiara on his head, or by a demagogue
in a red cloak, a caul-bare wig,' <fec. (describing Mr.
Henry's dress so minutely as to draw every eye up
on him) ' although he should prof ess on all occasions
to bow to the majesty of the people?

"A gentleman who was present and who, struck
with the singularity of the attack, had the curiosity

O */ •/

to number the vibrations on those words, and the
accompanying action, states that he counted thir
teen of the most graceful bows he had ever beheld.

STRUGGLE FOR AMENDMENTS. 4'21

The friends of Mr. Henry considered such an at
tack on a man of his years and high character as
very little short of sacrilege ; on the other side of
the house, there was, indeed, a smothered sort of du
bious laugh, in which there seemed to be at least as
much apprehension as enjoyment. Mr. Henry had
heard the whole of it without any apparent mark of
attention.

"The young gentlemen having finished his philip
pic, very much at least to his own satisfaction, took
his seat with the gayest expression of triumph in
his countenance :

u Heu ! Nescia mens hominum fati ; sortisque
futurce !

" Mr. Henry raised himself up heavily, and with
affected awkwardness — 4 Mr. Speaker,' said he, < I am
a plain man, and have been educated altogether in
Virginia. My whole life has been spent among
Planters, and other plain men of similar education,
who have never had the advantage of that polish
which a court alone can give, and which the gentle
man over the way has so happily acquired ; indeed,
sir, the gentleman's employments and mine (in com
mon with the great mass of his countrymen) have
been as widely different as our fortunes ; for while
that gentleman was availing himself of the oppor
tunity, which a splendid fortune afforded him, of
acquiring a foreign education, mixing among the
great, attending levees and courts, basking in the
beams of royal favor at St. James1 , and exchanging
courtesies with crown heads (here he imitated Mr.
Corbin's bows at court, making one elegant, but
most obsequious and sycophantick bow),1 I was en
gaged in the arduous toils of the revolution ; and
was probably as far from thinking of acquiring
those polite accomplishments, which the gentleman

1 This upon the authority of William L. Tabb, of Mecklenburg, \vho
was present.

PATRICK HENRY.

lias so successfully cultivated, as that gentleman
then was from sharing in the toils and dangers in
which his unpolished countrymen were engaged.
I will not therefore presume to vie with the gentle
man in those courtly accomplishments, of which he
has just given the house so agreeable a specimen;
yet such a bow as I can make, shall ever be at the
service of the people.' Herewith, although there
was no man who could make a more graceful bow
than Mr. Henry, he made one so ludicrously awk
ward and clownish, as took the house by surprise
and put them in a roar of laughter. ' The gentle
man, I hope, will commiserate the disadvantages of
education under which I have labored, and will be
pleased to remember that I have never been a favor
ite with that monarch, whose gracious smile he has
had the happiness to enjoy.' He pursued this con
trast of situations and engagements, for fifteen or
twenty minutes, without a smile, and without the
smallest token of resentment, either in countenance,
expression, or manner. ' You would almost have
sworn,' says a correspondent, ' that he thought
himself making his apology for his own awkward
ness, before a full drawing-room at St. James'. T
believe there was not a person that heard him, the
sufferer himself excepted, who did not feel every
risible nerve affected. His adversary meantime
hung down his head, and sinking lower and lower,
until he was almost concealed behind the interpos
ing forms, submitted to the discipline as quietly as
a Russian malefactor who had been beaten with
the knout till all sense of feelin was lost."

Judge Roane, who witnessed the scene, says, " It
exceeded anything of the kind I ever heard. He
spoke and acted his reply, and Corbin sank at least
a foot in his seat."

On November 14, the communication to Congress,

STRUGGLE FOR AMENDMENTS. 42*3

the reply to Governor Clinton's letter, and the cir
cular letter to the States, all written by Mr. Henry,
were approved by the House. The last two were
short and need not be given,1 but the first is worthy
of insertion, as exhibiting, in the words of Mr. Henry,
the spirit and purpose of a measure then, and since,
so greatly misconstrued. It is as follows :

t
To the Congress of the United States.

" The good people of this commonwealth in con
vention 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 arrangements
that were necessary for carrying it into effect.
Having thus shown themselves obedient to the
voice of their constituents, all Americans will find,
that so far as it depends on them, that plan of
government will be carried into immediate opera
tion.

" But the sense of the people of Virginia, would
be but in part complied with, and but little re
garded, if we went no further. In the very mo
ment 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 impres-

1 See them in Wirt's Life of Henry, 326-327.

424 PATRICK HENRY.

sion, 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 place 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 30th day of October.

" 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
never will 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 com
mon cause, and since concessions have been made
from political motives, which we conceive may
endanger the republic ; we trust that a commend
able zeal will be shown for obtaining those pro
visions, which experience has taught us, are neces
sary 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

STRUGGLE FOR AMENDMENTS. 425

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
submitting the decision 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."

On October 31, the day after the House had com
mitted itself to another convention, Mr. Henry
called up the resolutions for the election of presi
dential electors and members of Congress, which
had been agreed on in Committee of the Whole on
the 28th, and passed by to enable him to forward
the movement for amendments. Contrary to the
wishes of the Federalists he caused the State to be
divided into twelve districts for the selection of
presidential electors, and ten districts for the selec
tion of members of Congress, and in either case the
person chosen by the district was required to be a
resident. A committee of fifteen was appointed to
district the State, of whom seven were staunch
Federalists. On the next day Mr. Henry moved
that they proceed to the election of United States
Senators on the following Saturday.

426 PATRICK HENRY.

The friends of Mr. Madison had determined to
act upon the advice of General Washington and
put him in nomination, and to offer no other name.
Mr. Madison seems to have had little hope of suc
cess, yet he wrote a letter to George Lee Turberville,
a member of the House, on November 2, which by an
artful concealment of his views was designed, if

possible, to conciliate the body, and procure his elec
tion. In it he said, "I am not of the number, if
there be any such, who think the Constitution
lately adopted a faultless work. On the contrary,
there are amendments which I wished it to have
received before it issued from the place in which
it was formed. These amendments, I still think,
ought to be made according to the apparent sense
of America ; and some of them at least, I presume
wall be made. There are others concerning which
doubts are entertained by many, and which have
both advocates and opponents on each side of the
main question. These, I think, ought to receive the
light of actual experiment, before it would be pru
dent to admit them into the Constitution." l He
then declared against another convention. This
letter, designed to be used in the Legislature, was
very different from others written in confidence.
On June 27, he wrote to Washington, enclosing a
copy of the act of ratification and adding, " A vari
ety of amendments have been since recommended,
several of them highly objectionable, but which
could not be parried." 2 On the same day he wrote
to Alexander Hamilton, enclosing him also a copy
and adding, " It has been followed by a number

1 Rives's Madison, ii., 643 ; Madison's Works, i., 403.
'2 Madison's Works, i. , 402,

STRUGGLE FOR AMENDMENTS. 427

of recommendatory alterations, many of them
highly objectionable. One the most so is an article
prohibiting direct taxes when effectual laws shall
be passed by the States for the purpose."

Mr. Henry's service with Mr. Madison in the con
vention and committee-room had fully informed him
of his views, and he, very naturally, was unwilling
to trust the fate of the proposed amendments to his
care, with his avowed hostility to some of the most
important of them. Nor was he satisfied with the
position Mr. Madison took in his letter to Mr. Tur-
berville, nor with the forced vote of the Federalists
in the House in favor of the amendments. When
the election of Senators came on, declining the honor
himself, he put in nomination Richard Henry Lee,
and William Grayson ; and when Mr. Madison was
also nominated he delivered, according to tradition,
a tremendous philippic against him.2 The incidents '
of the election were reported November 10, to Mr.
Madison, by Governor Randolph, who, with Pendle-
ton, seems to have at first favored another conven
tion. He wrote :

11 On Thursday last the candidates for the Senate
were nominated, and Mr. Henry, after expatiating
largely in favor of Mr. Lee and Mr. Grayson, con
cluded that yourself, whose talents and integrity he
admitted, were unreasonable upon this occasion in
which your Federal politics were so adverse to the
opinions of many members. Your friends Page,
Corbin, Carrington, and White were zealous, but
the last gentleman having in the connection of his
ideas something about instructions, acknowledged

1 Hamilton's Works, i., 462-463.

~2 The Lost Principle, by Barbarossa (John Scott), 172.

428 PATRICK HENRY.

that it was doubtful whether you would obey in
structions which should direct you to vote against
direct taxation. ' Thus, gentlemen, rejoined Mr.
Henry, the secret is out, it is doubted whether Mr.
Madison will obey his instructions.' The ballots
were opened on Saturday, and at least fifty gave
you single votes ; that is, threw their other votes
on persons not nominated. To the mortification
and grievous discontent of the advocates for order
and truth, the members were for R. H. Lee, ninety-
eight, for William Grayson, eighty-six, for James
Madison, seventy-seven." 1

From a letter of Edward Carrington to Mr.
Madison, November 9, it appears that " of those
cast away Mr. H. 2 got twenty-six, and the re
mainder were distributed to many others." 3 Mr.
Henry would have been one of the Senators, had
he not refused to allow his name to be placed in
nomination. But his increasing infirmities pre
vented him from undertaking any duty so far from
his home. His defeat of Mr. Madison, the candi
date of General Washington, after the concessions
made by the Federalists, shows his complete sway
over the Assembly. Happily we have in the fol
lowing letter to Colonel Lee, not only his own ac
count of the matter, but an indication of the intense
earnestness of his demand for amendments.

"RICHMOND, Novr 15, 1788.

" DEAR SIR : I postponed answering your favor
until I could have the pleasure of congratulating
you on your election to the office of senator for Vir
ginia in the new congress, which I now do. The

1 Conway's Edmund Randolph, 120. 2 Mr. Henry.

3 Bancroft's History of the Constitution, ii., 483.

STRUGGLE FOR AMENDMENTS. 429

friends of the system are much displeased that Mr.
Madison was left out of the choice. They urged
his election most warmly, claiming as a sort of right
the admission of one Federal member ; but in vain—
For to no purpose must the efforts of Virginia have
been expected to procure amendments, if one of her
senators had been found adverse to that scheme.
The universal cry is for amendments, & the Feder
als are obliged to join in it ; but whether to amuse,
or conceal other views seems dubious. You have
been too long used to political measures not to see
the grounds of this doubt, and how little depen-
dance can be placed on such occasional conformity,
and you know too well the value of the matters in
contest to trust their safety to those whose late pro
ceedings, if they do not manifest enmity to public
liberty, yet show too little solicitude or zeal for its
preservation.

a Your age and mine seems to exempt us from the
task of stepping forth again into the busy scenes
which now present themselves — I am glad to know
that you have health and spirits enough to decline
no exertion. I shall not claim it further than it
will extend to distant operations. I mean not to
take any part in deliberations held out of this state,
unless in Carolina, from which I am not very dis
tant and to whose politics I wish to be attentive.
If congress do not give us substantial amendments,
I will turn my eyes to that country a connection
with which may become necessary for me as an in
dividual. I am indeed happy where I now live in
the unanimity which prevails on this subject ; for
in near 20 adjoining countys I think at least yfths
are antifederal, and this great extent of country in
Virginia lays adjoining to N° Carolina, and with her
forms a great mass of opposition not easy to sur
mount. This opposition it is the wish of my soul
so see wise, firm, temperate. It will scarcely pre-

430 PATRICK HENRY.

serve the latter epithet longer than congress shall
hold out the hope of forwarding amendments. I
really dread the consequences following from a con
duct manifesting in that body, an aversion to that
system. I firmly believe the American union de
pends on the success of amendments. God grant I
may never see the day when it shall be the duty of
whiggish Americans to seek for shelter under any
other government than that of the United States.
The old charges of turbulence and ambition have
been plentifully bestowed on me. You have not
escaped ; but as to us who have so long been accus
tomed to despise these attempts, they will have lit
tle effect further than to excite pity.

" I have no correspondencys at present on the
subject of politics. For that Reason I beg you will
now and then drop me a line when you may find
leisure. The progress of things under the new gov
ernment in its commencement, will be highly inter
esting and important to be known. Letters ad
dressed to the care of George Fleming Esq. in this
city will reach me.

" After expressing my ardent wishes for your
welfare and success in your late appointment, and
every other circumstance, I beg leave to tell you of
the high esteem and regard with which I am,
" Dear Sir,

" Affectionately yours,

" P. HENRY.

" HONORABLE R. H. LEE, ESQ."

We learn from the correspondence of Washing
ton that both Lee and Gray son had expressed them
selves as advocates of the measures necessary to put
the government in operation without embarrass
ment.1 As they were nominated by Mr. Henry

1 Writings of Washington, i., 448.

STRUGGLE FOR AMENDMENTS. 431

they must be taken as reflecting his views in this
regard. It was therefore with unjust suspicion of
hirn that Colonel Edward Carrington wrote to Mr.
Madison, November 9 :

" Mr. Henry is putting in agitation the name of
Clinton for vice-president. . . . Gray son is
warm in such an election ; he is indeed the devoted
servant of Henry. You may rely upon it, my dear
friend, that Mr. Henry will throw into the govern
ment every embarrassment he possibly can." 1

After the election of Senators the bill for district
ing the State for members of the House of Kepre-
sentatives was taken up. Mr. Henry was not on
the Committee that prepared this bill, but Mr.
Madison and his friends charged him with arrang
ing the district in which Mr. Madison resided, so as
to put a majority of republican counties in it, with
a design of preventing • his election to the lower
house. The first intelligence Mr. Madison received
as to this bill came from his friend Colonel Edward
Carrington, who wrote him, November 15 :

" The bill for district elections of representatives
passed our House yesterday. The Antes have lev
elled every effort at you. The point of residence
in the district is carried by some of the Feds hav
ing at an early period committed themselves on that
side. Your district is composed of the counties of
Amherst, Albemarle, Louisa, Orange, Culpeper,
Spotsylvania, Goochland, and Fluvanna. We
wished to get Fauquier, but the power of the Antes
was too strong for us." 2

1 Bancroft's History of the Constitution, ii., 483.
'2 Rives's Madison, ii. , 054.

432 PATRICK HENRY.

It will be seen that Colonel Carrington does not
charge Mr. Henry with the arrangement of the dis
trict, and if he could have done so his correspond
ence shows that he would not have failed to do it.
This letter shows that the friends of Mr. Madison
tried to fix a district which would certainly elect
him, by including Fauquier. This was a strong
Federal county, and would have taken the place of
Amherst and Goochland, which were anti-Federal in
the Convention.1

There seems, therefore, to have been a contest
over this district, each side trying to arrange it to
suit their purposes, in which the anti-Federals out
voted their opponents.

The charge that Mr. Henry controlled the mat
ter doubtless has no other foundation than the be
lief that he could control the body at will. This
estimate of his influence is constantly presented in
the letters of the day. We find a striking example
of it in a letter of Washington to Madison, Novem
ber 1 7. He says :

" The accounts from Richmond are indeed very un-
bropitious to federal measures. In one word it is
said that the edicts of Mr. H. are en registered 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." 2

That Mr. Henry's opposition to Mr. Madison had
nothing personal in it, is shown by his allowing him
to be re-elected to Congress by this Legislature, as
one of the delegates till the new government was

1 Rives's Madison, ii., 054, note.

2 Bancroft's History of the Constitution, ii., 483.

STRUGGLE FOR AMENDMENTS. 433

put in operation. Mr. Madison feared that he
would prevent this,1 and that his defeat would ap
pear to be a condemnation of his course in that body
by his State. But Mr. Henry was a generous op
ponent, and was incapable of petty warfare against
any adversary.

The matters touching Federal elections having
been disposed of, he turned his attention to the
legislation needed to adapt the State to the new
order of things. In this he showed his distrust
of the Federal system. This is plainly seen by
the bill he introduced, which disqualified Federal
officers from holding office under the State govern
ment.

On November 19, having seen all the legislation
accomplished that related to the new government,
Mr. Henry obtained leave of absence for a fortnight,
and did not sit again during the session.

Tobias Lear, Washington's private secretary,
doubtless echoing his sentiments, wrote to the Gover
nor of New Hampshire from Mount Vernon, January
31, 1789, concerning Mr. Henry's course in the body :

" In plain English, he ruled a majority of the As
sembly ; and his edicts were registered by that body
with less opposition than those of the Grand Mon-
arque have met with from his parliaments. . . .
And after he had settled everything relative to the

fovernment wholly, I suppose, to his satisfaction,
e 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 attend
ing to it." 2

1 Madison's Works, i., 440.

2 Bancroft's History of the Constitution, ii., 488-485.

434 PATRICK HENRY.

The departure of Mr. Henry for his home, thus
sarcastically described, was caused by anxiety for
his sister Anne, whom he so tenderly loved. She had
just come in from Kentucky, in feeble health, with
the purpose of trying the climate of the West In
dies, as a last resort. The following letter to his
daughter, Mrs. Aylett, reveals this :

"RiCHM"., Nov. 11th, '88.

" MY DEAR BETSEY : I am sorry to hear by Mr. Ay
lett' s letter, that you are sickly ; but I am in hopes
the cold weather will restore you to good health.
I give you joy of your son <fe hope he will be re
stored to health also. I really much want to see
you, & would go over, but my horses are sent
home ; &> if they were not, I have not a moment to
spare. Your Aunt Christian is come in from Ken
tucky with all her children, & waits to see me, I ex
pect, with great impatience. I think she will stay
some time at Col°. Meredith's and Sister Wood's be
fore she goes out, & I must see her directly. We
expected to have the pleasure to see you & Mr. Ay
lett in P. Edward, &> hope you will be up there soon
as your health permits. Your Sister Fontaine is
well, & has another son 6 months old. I have a son
also, 4 months old. The dear little Family were all
well a few days ago, when your mama wrote me a
letter & desired her love to Annie & you — I hope,
my dear child, you will be restored to health ; &
that Providence may dispense its favors to you <fe
yours is the prayer of, my dear Betsey,

" Your afrete Father,

"P. HENRY.

" To MRS. ELIZABETH AYLETT, King William."

Scarcely had Mr. Henry reached his home when
a writer, over the signature of " Decius," commenced

STRUGGLE FOR AMENDMENTS. 435

a series of scurrilous articles in the Independent
Chronicle, published at Richmond, aimed at the
leaders of the Republican party in Virginia, and
principally at him. Other attacks had been made
upon Mr. Henry, but this was the most malignant.
The writer boasted that he would break down his
influence. He said, " I want to crush that ante-Fed
eral champion, the cunning and deceitful Cromwell,
who, under the guise of amendment, seeks to destroy
the constitution, break up the Confederacy, and
reign the tyrant of popularity over his own devoted
Virginia." The articles ran from December 2, into
the following March. The charges were indignantly
denied by a number of writers in the same journal,
and such was the reverence felt for Mr. Henry's
character and public services, that the slanders were
treated as little less than sacrilegious. One of the
writers styled him, " The Father of his country."
The indignation felt is strikingly depicted in a let
ter from his warm personal friend, William DuVal,
a lawyer of distinction, who wrote March 28, 1789,
and gave the initials of a gentleman, " who unfor
tunately avowed at last Hanover Court that Deems'
charges were but too well grounded ; the conse
quence of which observation occasioned somebody to
get a complete flogging." Mr. DuVal continues his
letter as follows :

" My respect for truth and my knowledge of you,
must give offence to an honest mind, to see any
amiable character treated with disrespect. Malic
ious as the world is, Decius has but few votaries.
Go on, my friend, as the great champion of the
rights of mankind. We soon shall see those obscure
characters, like a malignant mist, dispersed by the

436 PATRICK HENRY.

splendor of the sun, disappear and be forever for
gotten." 1

In a previous letter he had written, " Decius is
generally reprobated." That the condemnation of
the slanderous attack was not confined to Mr. Hen
ry's political friends, he had gratifying evidence from
different sources. Colonel Innes, his eloquent op
ponent in the late Convention, wrote him the fol
lowing noble letter :

" RICHMOND, March 28, 1789.

" DEAR SIR : For what sin, unwhip'd of justice.
I am so often visited by the injurious suspicions of
my countrymen, I can not divine. In addition to
my being the author of the State Soldier, and the
publisher of much defamation against you, I now
find that the papers of Decius are also imputed to
me. But I experience satisfaction in being able
with truth to say, that this last imputation, is as
unjust as those which have preceded it. While I
was informed, that the author of the periodical
papers under the signature of Decius, was shortly
to be disclosed ; I thought a communication of this
kind quite unnecessary. But as that publication is
still continuing, and I understand the name of the
writer is not to be known until it is concluded, to
gratify my own feelings, I take this opportunity to
declare, that I neither am the author nor do I know
who he is, that I am not directly or indirectly con
cerned in the publication, nor have I ever approved
of it. I will only take the liberty to add that I
am with sentiments of very high respect and esteem,
dear sir,

" Your friend and servant,

"JAS. INNES.

" To PATRICK HENRY, ESQ."

1 MS.

STRUGGLE FOR AMENDMENTS. 437

Among the published replies also, there was a
communication signed " A Federalist," in which the
attack upon Mr. Henry's conduct in the Convention
was reprobated, and it was declared that in that
body, " Mr. Henry did credit to his cause and there
by added to his political fame."

Edmund Randolph, than whom no one had more
reason to feel irritation at the course of Mr. Henry
in the Convention, wrote a letter to Mr. Madison,
March 27, 1789, which, as it was never designed to
meet Mr. Henry's eye, is the more valuable as an
estimate of this attack. He said :

" There is a general calm in politics. The dis
contented, themselves, seem willing to wait with
temper, until congress shall open their views.
. . . Altho' I am convinced that nothing will
soften the rancour of some men, I believe that
moderate and conciliatory conduct on the part of
our Federal rulers will detach from their virulence
those who have been opposed from principle. A
very injudicious and ill -written publication, which
you have seen, under the signature of " Decius,"
may impede perhaps the salutary effect, by keeping
in a state of irritation those minds which are well
affected to the object of his bitterness. His facts
are of a trivial cast, and his assertions are not al
ways correct; and he thus becomes vulnerable in
almost every part. The liberty of the press is in
deed a blessing which ought not to be surrendered
but with blood, and yet it is not an ill-founded ex
pectation, in those who deserve well of their coun
try, that they should not be assailed by an enemy
in disguise, and have their characters deeply wound
ed before they can prepare for defence. I apply
not this to any particular person." l

1 Edmund Randolph, by Conway, 121.

438 PATRICK HENRY.

But Mr. Henry had no purpose of making any
defence against such an attack. He maintained
a dignified silence, conscious that he needed no
defence, other than the panoply of rectitude,
against the poisoned shafts of the slanderer. Judge
Roane describes his conduct on the occasion as fol
lows :

" Shortly after the constitution was adopted, a
series of the most abusive and scurrilous pieces
came out against him under the designation of De-
cius. They were supposed to be written by John
Nicholas (Americanus), with the assistance of other
more important men. They assailed Mr. Henry's
conduct in the convention, and slandered his char
acter by various stories hatched up against him.
These pieces were especially 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, and I de
clare that he seemed to evince no more desire to
see the newspapers containing them, than the most
indifferent person in the country. He evinced
no feeling on the occasion, and far less conde
scended to parry the effects thereof on the public
mind. It was too puny a contest for him, and
he reposed upon the consciousness of his own in
tegrity." l

His friend, Senator Grayson, in his letter of June
12, 1789,2 refers to his dignified silence, and com
mends it in very handsome terms, adding, as the say
ing of Addison, " Envy and detraction is a tax
which every man of merit pays for being eminent
and conspicuous." The bitterness of this truth

1 MS. Letter to Mr. Wirt. 2 post, iii., 389.

STRUGGLE FOR AMENDMENTS. 439

Washington was soon to experience, and to bear
with much less equanimity than Mr. Henry.1

1 The authorship of Deems is in doubfc. See Ford's Pamphlets on
the Constitution, 415-417. Mr. Jefferson, in a note on his copy of a
collection of the letters and replies, attributes Decius to Dr. Mont
gomery, who, Mr. Ford thinks, was James Montgomery, delegate from
Washington County in the Virginia Convention. This gentleman, how
ever, voted with the anti-Federalists. The author was doubtless John
Nicholas (Americanus), as was supposed at the time, according to Judge
Roane. But as there were two persons of that name, one a son of Rob
ert Carter Nicholas, and the other, his cousin, there is still a doubt as
to the person. From the character given of the cousin, who lived in Al-
bemarle County, in Randall's Life of Jefferson, it is very probable that
he wrote the letters. It is noteworthy that Mr. Jefferson, though mak
ing notes on this pamphlet, nowhere seems to disapprove of the scur
rilous attack. His copy is in the Congressional Library.

CHAPTER XXXIX.

AMENDMENTS.— 1790-91.

Mr. Madison is Elected to Congress. — Mr. Henry as a Member of
the Electoral College Votes for Washington. — Mr. Madison
Moves in Congress for Amendments. — His Fear of Mr. Henry's
Influence. — Changed Position of Mr. Madison in Reference to
Necessity of Amendments. — Action of Congress on His Motion.
— Mr. Henry the Force Behind Mr. Madison. — Correspondence
between Mr. Henry and the Virginia Members and Senators. —
Measures of First Congress. — Assembly of 1789. — Dissatisfac
tion with the Action of Congress as to Amendments. — Aid to
Chickasaws. — Bequest for Open Sessions of the United States
Senate. — Ratification by North Carolina and Rhode Island. —
Mr. Henry Declines a Seat in the United States Senate. — Ham
ilton's Financial Schemes. — Rise of Parties. — Action of Virginia
Legislature in November, 1790. — Final Adoption of the Amend
ments Proposed by Congress. — Close of Mr. Henry's Political
Life. — His Attitude Toward the Federal Government.— The
Eleventh Amendment.

DEFEATED for the Senate, Mr. Madison offered for
the House of Representatives. He was opposed by
Colonel Monroe. A spirited contest ensued. Find
ing that the impression prevailed that he was op
posed to amendments, even to that securing the
freedom of religion, Mr. Madison openly advocated
them, and pledged himself to their support.1 He
thus secured his election. A similar course was
doubtless pursued by the other Federal candidates.
The people, believing that the Federalists could best
accomplish this end, and that the Constitution

1 Madison's Works, ;i., 446-449.

AMENDMENTS. 441

should have a fair trial under the guidance of its
friends, elected a majority of Federalists from the
State. The names of the successful candidates
were John Page, James Madison, Samuel Griffin,
Andrew Moore, Alexander White, Richard B. Lee,
John Brown, Theodoric Bland, Isaac Coles, and
Josiah Parker. The last three were classed as anti-
Federalists, the others as Federalists.

Mr. Henry was elected in his district as a mem
ber of the Electoral College, and cast his vote for
George Washington for President, and George Clin
ton for Vice-President. When the votes were after
ward counted, it appeared that General Washington
had received 69, the entire number cast, and John
Adams only 34. The universal confidence in Wash
ington, which had accomplished the adoption of the
new plan of government, was thus unmistakably
manifested in the call on him to be its first chief
executive. Count Moustier, the French Minister,
after having witnessed the struggle over it, and the
unanimous call of Washington to the office of Presi
dent, wrote to Count Montmorin from New York,
June 6, 1789 :

" It is already beyond doubt that in spite of the
asserted beauty of the plan which has been adopted,
it would have been necessary to renounce its intro
duction if the same man who presided over its
formation had not been placed at the head of the
enterprise. The opinion of General Washington
was of such weight, that it alone contributed more
than any other measure to cause the present consti
tution to be adopted. The extreme confidence in
his patriotism, his integrity, and his intelligence,
forms to-day its principal support. It has become

442 PATRICK HENRY.

popular much more out of respect for the chief of
the republic than by any merit of its own. All is
hushed in the presence of the trust of the people in
the savior of the country." 1

It was this trust which defeated the proposal of

New York and Virginia for a second convention, of
which he was known to disapprove. The Federal
ists were not willing to run any risk in the matter,
however, and therefore on May 4, four days after
Washington's inauguration, and the day before the
Virginia resolutions were presented, Mr. Madison
gave notice in the House that on the fourth Mon
day of the month he would move amendments to be
proposed by Congress. His motion was made June
8. In making it he said, by way of apology, " I
consider myself bound in honor and in duty to do
what I have done on the subject." His speech on
the occasion betrays the uneasiness he felt from the
influence of Mr. Henry in Virginia. He said :

" It appears to me that this House is bound by
every motive of prudence, not to let the first session
pass over without proposing to the State Legisla
tures some things to be incorporated into the consti
tution that will render it as acceptable to the whole
people of the United States, as it has been found
acceptable to a majority of them. I wish, among
other reasons why something should be done, that
those who have been friendly to the adoption of
this constitution may have the opportunity of prov
ing to those who were opposed to it, that they were
as sincerely devoted to liberty and a republican
government as those who charged them with

1 Bancroft's History of the Constitution, ii., 495-496.

AMENDMENTS. 443

wishing the adoption of this constitution in order
to lay the foundation of an aristocracy or despot

ism.'1

The articles proposed by Mr. Madison 2 were but
little more than a bill of rights, and the addition of
the substance of the first, second, seventeenth, and
a part of the fourteenth amendments proposed by
the Virginia Convention. The modification of the
fourteenth Virginia amendment left out all of it ex
cept the provision for trying appeals in jury cases
according to the provisions of the common law.
Mr. Madison proposed none of those amendments of
the Virginia Convention which, by restricting the
judicial power, and the power of Congress over
standing armies, taxation, commerce, treaties, and
elections, secured the States from the encroachment
of the Federal government. The action of Mr.
Madison was as predicted by Mr. Henry, who
knew his hostility to the omitted amendments. It
seems to have been backed up by a strong party,
which doubtless he was active in forming. Colonel
Grayson wrote Mr. Henry, June 12, 1789 :

" Some gentlemen here, from motives of policy,
have it in contemplation to effect amendments
which shall affect personal liberty alone, leaving
the great points of the judiciary, direct taxation,
etc., to stand as they are ; their object is in my opin
ion unquestionably to break the spirit of the party
by divisions ; after this I presume many of the
most sanguine expect to go on coolly in sapping the
independence of the State legislatures."

1 Debates in Congress (Gales), i., 448-449. » Idem, 451-453.

444 PATRICK HENRY.

Mr. Henry was sorely troubled when he learned
what had been done by Mr. Madison. He wrote
Colonel Lee, August 28 :

" As to my opinion of the amendments, I think
they will tend to injure rather than serve the cause
of liberty, provided they go no further than is pro
posed as I learn. For what good end can be
answered by rights, the tenure of which must be
during pleasure. For right, without having power
and might, is but a shadow. Now it seems that it
is not proposed to add this force to the right by
any amendment. It can therefore answer no pur
pose but to lull suspicion to talk on the subject." *

Mr. Henry plainly saw that the effect of the pro
posed amendments would be to silence the demand
for others he deemed of vital importance. He had
in the Convention expressed his opinion of the im
portance of those now proposed.

In advocating his bill Mr. Madison on the floor
of Congress, presented a striking contrast to Mr.
Madison on the floor of the Virginia Convention.
He now urged some of the same arguments which
Mr. Henry had presented, and he had combated
in the last-named body. After much opposition
and delay he at last, on August 24, carried through
the House a series of seventeen amendments which
were sent to the Senate. There the Virginia Sen
ators moved the addition of the omitted Virginia
amendments, but without success. They had as
well have tried "to carry Mount Atlas on their
shoulders," as Colonel Grayson wrote Mr. Henry.

1 Post, vol. iii., 397.

AMENDMENTS. 445

Instead of strengthening them, they had the morti
fication of seeing them weakened by the Senate and
reduced to twelve. That body was more strongly
Federal than the House. It now became plain that
the advocates of the amendments proposed by the
Virginia Convention, who had voted for previous
ratification, had made a fatal mistake, as Mr. Henry
had warned them they were doing.

Of the twelve amendments proposed by Congress,
ten were finally adopted by the requisite vote of
three-fourths of the States, and, as has been seen,
have proved of great value in the administration of
the government.

The biographer of Mr. Madison, admitting the
great importance of the amendments adopted, in
strengthening the Constitution in the confidence and
affections of the people, and in furnishing most im
portant safeguards against the abuse or usurpation
of power, claims, and doubtless properly, that "noth
ing short of the high standing of Mr. Madison in
the public councils, and the deference accorded to
his opinions and his virtues, could have secured a
favorable reception for propositions so counter to
the prepossessions of the body to which they were
addressed." 1 But the accomplished author has not
noted the vis a tergo which impelled Mr. Madison
to the accomplishment of the task. Until he met
Mr. Henry in debate on the floor of the Virginia
Convention, Mr. Madison had manifested no dispo
sition to amend the Constitution. Pressed by the
arguments of Mr. Henry, he agreed to advocate
amendments in order to secure ratification. After
ward, when defeated for the Senate by Mr. Henry,

1 Rives's Madison, iii., 40-44.

446 PATRICK HENRY.

and having to carry a district demanding amend
ments, he was forced to pledge himself to his con
stituents to advocate them, in order to secure his
election. It was thus by the influence of Mr.
Henry, the great leader of the anti-Federalists, that
he was driven to the course he pursued, and in
which he dared not halt. While he disobeyed the
command of the Virginia Convention, in not offering
all the amendments that body proposed, yet what he
accomplished may well be set down as so much to
the credit of Mr. Henry and the earnest men who
acted with him.1 And it is doubtless true, as Mr.
Madison said, that he accomplished all that it was
possible for him to do, even if he had approved of,
and urged, all the amendments proposed by Vir
ginia.2

Mr. Henry was in constant correspondence with
the Virginia Senators and anti-Federal members.
Unfortunately, but a few of the letters have been
preserved, but these are of great interest. They
show that he was frequently consulted as to the
proper course to be pursued in the important meas
ures which were discussed in the first Federal Con
gress.

The letter of Colonel Grayson of June 12, 1789,3
gave an account of the contest in Congress over
the titles which should be given to the new of
ficers. This made a most unfavorable impression
upon the people, and though the effort to confer
high-sounding titles was defeated, it caused both
John Adams and Richard Henry Lee to be greatly
censured. Of this feeling in Virginia Washing-

1 See this fact admirably brought out in Tyler's Patrick Henry, 316.

2 Rives'e Madison, iii., 44. 3 Post, iii., 38S.

AMENDMENTS. 447

ton was informed by his friend, David Stuart,1 who
added :

" The opponents to the government affect to smile
at it (the proposal for titles), and consider it as a
verification of their prophesies about the tendency of
the government. Mr. Henry's description of it, that
' it squinted towards monarchy,' is in every mouth,
and has established him in the general opinion as a
true prophet."

In Colonel Grayson's letter was enclosed a copy
of the impost bill, of which he wrote :

" You will see there is a great disposition here for
the advancement of commerce and manufactures in
preference to agriculture. . . . You will easily
perceive the ascendency of the Eastern interest by
looking at the molasses, which is reduced to two and
one-half cents, while salt continues at six, and with an
allowance of a drawback to their fish, etc. ... The
raising of money by impost has been thought very
favorably of throughout America Sat
isfied I am it will be particularly injurious to the
southern States, who do not and cannot manufac
ture, and must, therefore, pay duties on everything
they consume. The cry here is, 'raise everything
this way ; ' and to be sure this is good policy with
the States east of Maryland." 2

It thus came to pass, that from the beginning of
the new government, the interests of the Northern
States were protected at the expense of the South
ern States, as Mr. Henry had predicted would be
the case.

1 Letter, July 14, 1789 ; Correspondence of the Revolution, iv., 265.
8 See also Colonel Grayson's letter of September 29, 1789, post, hi. , 405.

448 PATRICK HENRY.

In his letter to Colonel Lee, August 28, 1789,
Mr. Henry expressed himself opposed to the uncon
trolled power of removal from office, accorded to the
President by Congress. He declared it made him a
despot. How grossly this power has been abused
in the history of the Government, in which u To the
victor belongs the spoils," has become the party bat
tle-cry, need not be related. During the term of
one President * it has been restricted by Congress,
and also later, in the experiment of Civil Service
reform, enacted to prevent, if possible, the evils
arising from the customary use of this power.

It is sad to note the struggle for office which com
menced with the inauguration of the Government.
Colonel Gray son wrote :

" There are an infinity of people here waiting for
offices. Many of them have gone home for want of
money, this accounts for the great number of pa
triots who were so very sanguine for the new gov
ernment. It is certain a hundredth part cannot be
gratified with places ; of course, ninety-nine will be
dissatisfied."

Mr. Henry was promptly in his seat when the
Assembly met, October 19, 1789, and was given his
usual place upon the standing committees. He found
a much stronger Federal party in the body, and
led by abler men, than were in the previous Legisla
ture. Besides Edmund Randolph, there were Gen
eral Henry Lee and John Marshall to oppose any
measures which looked to weakening Federal power.
The usual message of the Governor transmitted re-

1 Andrew Johnson.

AMENDMENTS. 449

spouses from only three States, to the invitation of
Virginia to call another convention. New York
united in the call, but Massachusetts and Pennsyl
vania respectfully declined. Mr. Henry, satisfied
that all hope of another convention was at an end,
still desired that every opportunity should be taken
advantage of to obtain from Congress the proposal
of further amendments, which he hoped North Car
olina and Rhode Island would demand as a condi
tion of ratification.1 He was, therefore, for post
poning the action of Virginia on those proposed till
the next session, urging that the Legislature was
elected before their promulgation2 and was, there
fore, not the body to pass on them. He, however,
must have felt but little interest in his motion, or
else was called away by pressing business, as Ed
mund Randolph wrote to Washington, November
22:

" Mr. Henry has quitted rather in discontent, that
the present Assembly is not so pleasant as the last.
He moved, before his departure, to postpone the
considerations of the amendments until the next ses
sion. His motion now lies on the table, to be dis
cussed to-morrow." 3

When the matter came up, the amendments were
discussed, and the last two were opposed by Ran
dolph.4 The whole twelve were agreed to on No
vember 30, and on December 5, a resolution was
adopted urging Congress to the reconsideration of

1 See this suggested by Grayson in his letter of September 29, 1789.
<J Madison to Washington, November 20, 1789, Correspondence of the
Revolution, iv. , 293. 3 Edmund Randolph, by Conway, 131.

4 Correspondence of the Revolution, iv. , 295-299.

450 PATRICK HENRY.

those recommended by Virginia, which had been
omitted. The Senate, however, insisted on some
changes which defeated the action of the House.1

Before Mr. Henry left the House he carried
through a resolution granting a supply of ammuni
tion to the Chickasaw Indians, the well-tried friends
of the State, who were threatened by the hostile
Creeks. The Chickasaw chiefs who attended the
Legislature asking for this supply, were prevented
from proceeding to Congress because of the urgency
of their need. Mr. Henry moved an address to the
President explaining the action of the Legislature,
and offering the aid of the State in defending the
western border from the hostile tribes.2 This ad
dress is remarkable because of the reason assigned
for informing the President of the relief granted to
the Chickasaws. It said, li It is incumbent on us to
make this communication, lest in case of silence it
might be interpreted into a design of passing the
limits of State authority." Thus particular was the
Legislature not to appear to interfere with the right
and duty of Congress to conduct all matters relating
to the Indians.

The House of Delegates showed their dislike of
secret proceedings, by instructing their Senators to
move open sessions in the Senate, which had com
menced with all proceedings secret. The motion
was lost, and this, with other acts of Congress, was
reported as causing great dissatisfaction in Virginia.3
The Legislature again authorized the calling of a
convention in Kentucky, to take the proper steps

1 Madison's Works, i., 500. - Journal of House, 7 and 24.

* Letter of Colonel D. Stuart to Washington, June 2, 1789, Writings
of Washington, x., 96.

AMENDMENTS. 451

to become a separate State in the Union. This was
done, and an end was thus put to the machinations
of the British and Spaniards to separate it from the
United States. An offer was also made to the
United States of ten miles square for a Federal
capital.

The State of North Carolina, in view of the
amendments offered, ratified the Constitution, No
vember 21, 1789, and Mr. Henry was at last forced
to abandon all hope of further amendments from
the influence of that State. On January 29, 1790,
he wrote to Richard Henry Lee, touching those pro
posed by Virginia : " In the business of the lately
proposed amendments I see no ground to hope for
good, but the contrary.'7

His despondency was increased by the act of rati.
fication by Rhode Island on May 29, 1790. This
State, abandoning her violent opposition, contented
herself with an elaborate statement of rights which
she considered reserved, and a long list of amend
ments which she proposed to the consideration of
Congress.1

In March, 1790, Colonel Gray son died, and Mr.
Henry was approached to know whether he would
accept the Senatorship at the hands of the Gover
nor. The result is thus related in a letter of Colonel
David Stuart to Washington :

" A member of the council, who wrote privately
to Mr. Henry to know if he would accept of the
offer of senator in Congress, if appointed, showed
me his answer, in which he declines it, and says he
is too old to fall into those awkward imitations,

1 Elliott's Debates, i., 334-337.

452 PATRICK HENRY.

which are now become fashionable. From this ex
pression I suspect the old patriot has heard some
extraordinary representations of the etiquette estab
lished at your levees. Those of his party no doubt
think they promote themselves in his good opinion by
such high coloring. It may not be amiss, therefore,

to inform you that B is among the dissatisfied on

this score. I am informed by good authority, that he
represented that there was more pomp used there
than at St. James's, where he had been, and that your
bows wTere more distant and stiff. This happened
at the Governor's table in Richmond. By such ac
counts, I have no doubt the party think to keep alive
the opposition and aversion to the government." 1

This allusion to the ceremonies of his receptions
called forth a long reply from Washington, who
was evidently wounded by it.2

It is greatly to the honor of Mr. Henry that this,
doubtless playful, allusion to the courtly ceremonies
inaugurated by the first President, is the only criti
cism of Washington which fell from him, so far as
is known, during the period of their strained re
lations. Mr. Henry was aware of Washington's
feelings toward him, though probably not of their
extent as exhibited in the subsequent publication
of Washington's correspondence. But he was never
betrayed into a word of disrespect toward the man
he had learned to revere. It is sad to think that
the warm friendship which subsisted between the
two was ever chilled, and to find, as we do, Mr.
Henry, in 1790, writing to a friend wishing an ap
pointment, " I cannot with propriety write to the

1 Writings of Washington, x., 96.

2 Letter of Washington to D. Stuart, June 15, 1790, Writings of Wash
ington, x., 94.

AMENDMENTS. 453

President on your affair." * Yet these two patriots
never lost respect for each other, and gladly re
newed their friendship in after-years, when new
dangers threatened their country.

The measures of the first Congress were watched
with the greatest interest by the country, as indicat
ing the character which the new government would
assume. Soon the financial policy of Alexander
Hamilton, the Secretary of the Treasury, was un
folded, and caused intense excitement. The feat
ure which was most objectionable was the proposed
assumption by the United States of the debts of
the several States. These were to be estimated in
gross, as they were then held by their creditors;
regardless of their standing at the end of the war,
of the claims of the United States for advances
made, and quotas of requisitions not paid up. The
State of Virginia had by grievous taxation greatly
reduced her debt, and her advances to the general
government, and expenses incurred for the general
welfare, were still unsettled. She would, therefore,
be the greatest sufferer by the proposed assumption.
Massachusetts, Connecticut, and South Carolina had
left unpaid their creditors, and owed more than half
of all the debts due by the States. This grossly un
just proposal was ostensibly based upon the proposi
tion, that all the debts were contracted in sustaining
the revolutionary struggle ; but Colonel Hamilton
has left on record, that his object was, u an accession
of strength to the national government, and an as
surance of order and vigor in the national finances." 2

1 To Colonel Martin, January 25, 1790. Post, iii. , 409.
'2 Letter to Edward Carrington, May 26, 1792, History of American
Republic, iv., 523.

454 PATRICK HENRY.

Indeed his arguments logically led to the conclu
sion, that " a national debt is a national blessing."
The struggle in. Congress over this proposal was
long and bitter. Mr. Jefferson afterward wrote :
" It produced the most bitter and angry contests
ever known in Congress, before or since the union
of the States." Threats of disunion were more than
once indulged in by representatives of the States
which were to be most benefited, if the opposition
was not withdrawn. After having been defeated
in the House, a regular bargain was entered into,
between Jefferson and Hamilton, whereby the per
manent location of the seat of government on the
Potomac was given by Hamilton and his party as
the price of votes enough to carry the measure.1
This measure, which finally passed Congress July
24, 1790, is regarded as having given rise to the
political parties subsequently known as " Federal
ist " and " Republican." Mr. Madison, who led
the opposition, was thenceforth classed with the
Republican party.2 The distinction between these
parties, at their origin, was their different purposes
regarding Federal power. Colonel Hamilton, the
great leader of the Federalists, declared his idea of
a good administration to be, " to acquire for the Fed
eral government more consistency than the Consti
tution seems to promise for so great a country. It
may thus triumph altogether over the State govern
ments, and reduce them to an entire subordination,
dividing the larger States into smaller districts." 3
While his followers were doubtless unaware of his

1 Mr. Jefferson relates the bargain in his Ana.

2 See an account of his part in the struggle, in Life by Rives, chap. xl.

3 Hamilton's Works, ii, 421.

AMENDMENTS. 455

design, yet they united with him in strengthening
the Federal arm by the exercise of implied powers,
where express powers failed to answer their purpose.
The Republicans, on the contrary, under the subse
quent lead of Jefferson and Madison, were for re
stricting the Federal Government, as far as possible,
to the exercise of the powers expressly given in the
Constitution, and for strengthening the State gov
ernments.

The condemnation of the assumption act was
well-nigh unanimous in Virginia.1 This feeling
found very distinct utterance upon the meeting of
the Legislature in October, 1790. On the 25th, Mr.
Henry appeared in his seat, and on November 2, the
Committee of the Whole reported the following res
olution, which was adopted by a vote of 75 to 52 :

" That so much of the act of Congress entitled,
* An act making provision for the debt of the United
States ' as assumes the payment of the State debts,
is repugnant to the Constitution of the United
States, as it goes to the exercise of a power not
expressly granted to the General government." 2

Mr. Henry voted for this resolution, which was
antagonized by those who proposed to place the
vote of censure upon the ground of injustice to the
States which had redeemed a large portion of their
debts, among which Virginia was prominent. On
November 8, a resolution covering this ground was
adopted without a division,3 and Mr. Henry was
placed upon the committee to prepare a memorial
to Congress on the subject. The paper reported and

1 Writings of Washington, x. , 94. 2 Journal, 35, 36.

1 Idem, 44.

456 PATRICK HENRY.

adopted by the Legislature is a vigorous protest
against the objectionable features of the funding
and assumption act.1 The following extract will
show how the Legislature stood on the question
now beginning to divide national parties :

" During the whole discussion of the Federal
Constitution by the convention of Virginia, your
memorialists were taught to believe 'that every
power not granted was retained.' Under this impres
sion, and upon this positive condition, declared in
the instrument of ratification, the said government
was adopted by the people of this commonwealth ;
but your memorialists can find no clause in the Con
stitution, authorizing Congress to assume the debts
of the States. As the guardians then of the rights
and interests of their constituents, as sentinels placed
by them over the ministers of the Federal govern
ment, to shield it from their encroachments, or at
least to sound the alarm when it is threatened with
invasion, they can never reconcile it to their con
sciences, silently to acquiesce in a measure which
violates that hallowed maxim ; a maxim on the
truth and sacredness of which the Federal govern
ment depended for its adoption in this common
wealth."

This remonstrance, the first of any Legislature
against an act of Congress, was the work of the
advocates, as well as of the opponents, of the Con
stitution. Upon the committee reporting it was
Colonel Henry Lee, one of the most ardent friends
of the Constitution in the Convention, and now one
of the most dissatisfied with the proceedings of Con
gress under it. He even went so far as to write to

1 Hening, xiii., 237.

AMENDMENTS. 457

Madison : " To disunite is dreadful to my mind ;
but dreadful as it is, I consider it a lesser evil than
union on the present conditions." 1 Colonel Hamil
ton denounced the remonstrance as " the first symp
tom of a spirit which must either be killed, or it
will kill the Constitution ; " yet he had urged the
adoption of the Constitution on the ground, " that
the State Legislatures would act as sentinels in
sounding the alarm if anything improper should
occur in the conduct of the national rulers, and
prove the proper and sufficient security against in
vasions of public liberty by the national author
ity." 2

The Legislature found that the requisite number
of States had not as yet adopted the proposed
amendments, and that there was some ground of
hope that Congress might be forced to add to them
by the delegations from the States lately added to
the government, and by the popular feeling aroused
by the assumption act. The body therefore de
termined to delay action on the subject. John Mar
shall, a member during the sessions of 1789 and
1790, has given the reasons for the delay as follows :

" Although the necessity of these amendments
had been urged by the enemies of the constitution,
and denied by its friends, they encountered scarcely
any other opposition in the state legislatures, than
was given by the leaders of the anti-Federal party.
Admitting the articles to be good in themselves,
and to be required by the occasion, it was contended
that they were not sufficient for the security of
liberty ; and the apprehension was avowed that

1 Rives's Madison, ii., 144.
.* Idem, iii., 151-152; Federalist, Nos. 26 and 28.

458 PATRICK HENRY.

their adoption would quiet the fears of the people,
and check the pursuit of those radical alterations
which would afford a safe and adequate protection
to their rights." 1

As this was the view presented in his correspond
ence by Mr. Henry, it can hardly be doubted that
by urging it on the floor of the Legislature he
caused the delay in the action of that body. At
the subsequent session no further delay was deemed
proper, as a second election had not changed the
sentiment of Congress ; and the action of Virginia
completed the vote required by the Constitution to
engraft upon it the first ten amendments. No re
turns on the subject were ever sent in by Massa
chusetts, Connecticut, Georgia, or Kentucky.2

At this session the subject of the sale of the glebe
lands held by the Episcopal Church was brought up
by a number of Baptist petitions. The proposal
to sell them as the property of the State was de
feated by a vote of 89 to 52, Mr. Henry voting
with the majority.3

The resolution of the House in favor of open ses
sions of the United States Senate, adopted at the
previous session, not having had the desired effect,
it was again introduced, and now received the ap
proval of both branches. It was finally successful
in opening the doors of that branch of Congress.

Mr. Henry's name does not appear on the Journal
after November 11, and he doubtless left the body
on the next day, as his absence appears from a re
corded vote of that date. After he had left his seat

1 Marshall's Life of Washington, v., 209.

2 Elliott's Debates, i.} 310. 3 Journal, 73, 74.

AMENDMENTS. 459

the county of Henry was divided, and the new county
formed was named " Patrick." The Legislature, by
thus naming two counties after him/ paid him a
graceful, and it is believed, an unprecedented com
pliment.

He declined a re-election the next spring, and
never sat in another deliberative body.

Thus closed a public career of a quarter of a cen
tury, which is in every respect most remarkable.
With his first legislative breath, Mr. Henry kin
dled the flame of the American Revolution, the
most important event in modern history. By
his absolute control over his own State, the ac
knowledged leader of the Colonies, he directed the
course of the great movement which resulted in
union, independence, and well-regulated republican
government. And though he took no part in fram
ing the Constitution, under which the National Gov
ernment has continued now for more than a cen
tury, and which has proved itself as suited to a
continent as to the original thirteen States, yet it
was to his foresight and persistency that we are
mainly indebted for the important safeguards for
our liberties, which were engrafted on the instru
ment soon after its adoption.

His views upon political measures at the date of
his retirement will be seen from the following letter,
addressed to James Monroe, who had been elected
as the successor of Colonel Grayson in the United
States Senate :

"PRINCE EDWARD, January 24, 1791.

" DEAR SIR : This will be handed you by my
neighbour, Tarlton Woodson, who is trying to get
some Claims for his Services in the Army allowed

460 PATRICK HENRY.

at your Metropolis. I should introduce him to you,
but as you know him it would be needless.

"I thank you for yours of the 22d Decr7 which I
got aWeek ago. And altho' The Form of Govern1
into which my Countrymen determined to place
themselves, had my Enmity, yet as we are one cfe
all imbarked, it is natural to care for the crazy
Machine, at least so long as we are out of Sight of
a Port to refit. I have therefore my Anxietys to
hear & to know what is doing, &> to what point the
State pilots are steering, & to keep up the Meta
phor, whether there is no Appearance of Storms in
our Horizon ? For accounts here say, there is to be
a sad combustion in Europe. But I live so much
secluded that my Intelligence is from Sources not
to be rely'd on, even as The Reports of the Day.

" As to the Secretary's Report 1 with which you
favored me, it seems to be a consistent part of a sys
tem which I ever dreaded. Subserviency of South
ern to N— — n Interests are written in Capitals on
its very Front ; whilst Government Influence, deeply
planted & widely scatter' d by preceding Measures,
is to receive a formidable Addition by this plan.
But I must suppress my Feelings. They prompt
me to speak of the Detail of the Business, of which
I am sure you*are well informed. I console myself
with hoping that the Advocates of Oppression may
find the Time when the Measures of Iniquity shall

five place to just & enlightened Policy. . . .
conjecture that Indian Affairs are becoming seri
ous — so as to force into Notice, certain Infractions
of Neutrality as well as of Treaty, which have been
studiously kept out of Sight, & occasionally plais-
tered over with abundance of Federal Address, when
vulgar Observation blundered out her plebeian Feel
ings & called them Infractions. What, my dear
Sir ! can it be possible that these Indians are to be

1 One of Hamilton's financial proposals.

AMENDMENTS. 461

supply'd whilst at open War with us, with the Ar
ticles which all Nations call Contraband & this
from places which are our own property ! * while the
utmost care is taken to give full scope to claims on
our Citizens, to question which has ever excited an
Indignation hard to account for. But now seems
the Time when something on the Subject must come
out. The late Commander2 to the Westward is as
generally execrated as I have ever known any per
son, whether justly I can't say. However appear
ances are against him.

" I wish 1 could tell you the News of the Coun
try as to the progress of the Assumption, but I have
not heard what course our Creditors will take. It
would indeed give me pleasure to return you some
thing entertaining in Exchange for the high gratifi
cation I shall derive from corresponding with you ;
but that is not likely to happen, & all I can promise
you is, that I will be sparing of Complaints ag\ the
Government, & find Fault as little as my fixed
Habits of thinking will permit. I perceive that
unless I keep some guard over myself, all I should
write or say would be to criminate the late &> pres
ent proceedings so far as I have knowledge of them.
The lifctle Stock of good Humour which I have
towards them, is increased by reflecting that some
Allowances ought to be made, & some Hopes in
dulged of future amendment. Whether these Hopes
are well grounded, you can better judge.

" Do give me the news when your Leisure per
mits, with your opinions on such matters as may be
the Subject of Letters, and in Return I will try to
find out something, <fe spin it out into the Size of
a Letter & send it to you with a sincere Wish my
Situation would furnish more valuable Matter to
communicate. And when you are assured of the

1 This refers to British aid to the Indians from forts which should have
been delivered up under the treaty. * General Harmar.

462 PATRICK HENRY.

Sincerity of that Wish I know your Goodness will
absolve me.

" With unfeigned Regard I ever am, my Dear
Sir, " Your Friend &> Servant,

" P. HENRY.

" The HON'BLE JAMES MONROE, ESQ., Philadelphia."

The " crazy machine " to which Mr. Henry re
ferred, was destined to be further refitted by the
addition of the eleventh amendment during his life.
In August, 1792, a bill was filed in the Supreme
Court against the State of Georgia, by one Chis-
holm, a citizen of another State. During the same
month the Indiana company filed a bill in the same
court against the State of Virginia, thus verifying
the prediction of George Mason and Mr. Henry in
the Virginia Convention. On February 18, 1793,
the court determined, in the case against Geor
gia, that it had jurisdiction of the suit. General
Henry Lee, then Governor of Virginia, was in Phila
delphia at the time, and at once applied to the
Senators from his State to introduce an amendment
to the Constitution taking away this jurisdiction.
He also wrote to the Governors of the other States
urging instructions to their members to the same
effect.1

A writ against the State of Massachusetts, issued
directly afterward by one William Vassall, caused
John Hancock, the Governor, to call a special session
of its General Court for September 18.2 Under in
structions from this body and from the Legisla
ture of Virginia,3 which met soon afterward, an

1 Calendar of Virginia State Papers, vi. , 301, 453.
• Idem, 453-454. 3Idem, 059-660.

AMENDMENTS. 463

amendment divesting the Supreme Court of juris
diction in such cases was proposed in Congress. It
secured the constitutional vote in 1794, and was
finally adopted by the requisite number of States
in 1798. It had the effect not only of preventing
such suits for the future, but of discontinuing those
on the docket ; among; which was that of the Indiana

' C5

company against Virginia.

Mr. Henry's great influence in his State contin
ued, even after his retirement. This is shown by
Mr. Jefferson's correspondence. Wishing to amend
the State Constitution, he wrote to his friend Archi
bald Stuart, in the summer of 1792, to sound Mr.
Henry on the subject, " as he feared if a convention
was called in defiance of his views, he would either fix
the thing as at present, or change it for the worse.'7 1
Mr. Jefferson wrote again, September 9, 1792 :

" I wrote you a long letter from Philadelphia
early in the summer, which would not be worth re
curring to, but that I therein asked the favor of
you to sound Mr. Henry on the subject you had
written me on, to wit : the amendment of our Con
stitution, and to find whether he would not approve
of the specific amendments therein mentioned, in
which case the business would be easy. If you
have had any conversation with him on the subject,
I will thank you for the result. " 2

It was doubtless Mr. Henry's disapproval of the
change that prevented the effort to effect it, and
preserved the Constitution of 1776 during his life
time.

1 Randall's Jefferson, ii., 25.

- MS. in possession of Hon. A. H. H. Stuart, the son of Archibald
Stuart.

CHAPTER XL.

EETUEN TO THE BAB.— 1787-94.

Eegains His Position at the Bar. — Brilliant Career as an Advocate. —
Contest with Edmund Kandolph in Carter vs. Carter. — The
British Debt Cause. — Description of Mr. Henry's Speech, by
John Eandolph of Eoanoke, by Judge Iredell. — Notices of Mr.
Henry in Diary of Eichard N. Venable. — Family Cares. — De
fence of Holland as Eelated by Judge Eoane. — The Turkey Case.
— The John Hook Case. — General Andrew Jackson's Tribute. —
Mr. Henry's Appearance in a Murder Case, Described by Eev.
Conrad Speece. — His Advice to Eev. John Holt Eice. — Distrib
utes Soame Jennings's Book on Christianity. — Eemoves to
Campbell County. — Defends Eichard Eandolph, Charged with
Infanticide. — Dr. Archibald Alexander's Account of Mr. Henry
as an Advocate. — Eetainer Offered Him by Governor Brooke in
the Manor of Leeds Case. — Death of George Mason and Eich
ard Henry Lee.

THE retirement of Mr. Henry from public life, which
he had long desired, was rendered necessary by the
exhausting demands of his profession upon his
strength. Upon the announcement that he would
resume the practice of law, clients sought him with
eagerness, gladly offering him large fees to argue
their causes ; for he required them to employ asso
ciate counsel to prepare their business for trial. He
practised regularly in the district courts held at
Prince Edward Court House and New London, bat
he was also employed in important causes in distant
parts of the State. His wonderful powers as an
advocate made him especially great in nisi priiis
practice, but he was also retained in important

RETURN TO THE BAR. 465

chancery causes, and some of his greatest triumphs
were in arguments addressed to judges on questions
of law. Having discontinued his profession for
over thirteen years, it was wonderful how rapidly
he was able to recall it, and to enter at once upon
one of the most brilliant careers as an advocate ever
known to the profession. Judge Roane, before
whom he appeared, says of him :

" When I saw him, he must necessarily have been
very rusty, yet I considered him a good lawj^er.
He was acquainted with the rules and canons of
property. He would not, indeed, undergo the
drudgery necessary for complicated business, yet I
am told that in the British Debt case, he astonished
the public not less by the matter than manner of
his speech. It was as a criminal lawyer that his
eloquence had the fairest scope, and in that char
acter I have seen him. He was 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, Avere 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 ne
cessary would approach almost to the ridiculous." l

From accounts left by his contemporaries, we are
enabled to describe his appearance in a few of his
causes, so as to give some idea of him as a lawyer.
In a suit between Charles and Robert Carter, of
Loudon County, involving a tract of twelve thousand
acres of land and rent for many years, he was writ-

1 MS. Letter to Mr. Wirt.
30

466 PATRICK HENRY.

ten to by Robert Carter to appear for his defence,
Edmund Randolph having been retained for the
plaintiff. The distance from Prince Edward to
Leesburg, Loudon Court House, was so great, and
his health so precarious, that he at first declined in
the following letter, giving some suggestions as to
the conduct of the defence.

" PRINCE EDWARD COUNTY, July 24th , 1789.

" SIR : Being fully persuaded that your Inten
tions in the Contest now on Hand respecting the
Goose Creek Estate are upright, I should have re
ceived pleasure from my being able to give you as
sistance therein. But from several circumstances I
am obliged to decline it at present. The Import
ance of the Cause, added to the Voluminous Nature
of the papers <fe proceedings in it, would call for
long & close study to comprehend them fully.

" The Uncertainty whether Loudoun Court hap
pens on the 2d or 4th Monday is also a considerable
Embarrassment, for it is supposed the Almanacs are
wrong as to that. If on the 4th Monday it would
fatigue me much to get home to the district Court
here, which sits on the 1st of Sepr.

" And when I put together every consideration I
find that the Money I should charge you would
amount to so large a Sum, as to give you Ground
perhaps to think me mercenary, or even rapacious.

" It seems to me, on a slight View of the papers
that you must encounter great Danger of losing
the Suit if a general Verdict is brought in. I think
therefore your Counsel should by all Means insist
upon the Court to direct the Jury to find specially,
exhibiting to the Court the principal Facts arising
from the papers, in order to shew that there are
Matters of Law in the Case, & if after that the
Court do refuse to direct a special Verdict, I ad-

RETURN TO THE BAR, 467

vise a Kecord to be made of the Motion & of the
refusal to grant it. This seems to be a Safe pro
ceeding, in as much as by a special Verdict, or by
reserving special Matter in the proceedings, your
Cause may be bro* to receive the Decision of able
Judges.

" Wishing you Health & Happiness,

u I am Sir,
" Your obedient Servant,

u P. HENRY.

" R. CARTER Esqr, Nomony"

Mr. Carter insisted on his undertaking his cause,
however, and he yielded. The trial came on in
August, 1789, and as the Judge ruled against Mr.
Henry upon the most important points of law raised,
and the jury would have been bound by the instruc
tions of the Court, upon the suggestion of his client
he compromised the case, saving him one-half of the
land and nearly all of the rent. We have some ac
count of the trial from a letter of Edmund Randolph
to a friend, written on his way homeward. The
following is an extract :

" FREDERICKSBURG, August 18, 1789.

" MY DEAR FRIEND : The day before yesterday I
returned thither from Leesburg, where I was con
fronted with Mr. Henry, and for three days we lay
alongside of each other ; with our best cannon in
action. It was a diverting scene, taken in the
whole. My client, Chas Carter, must have been de
feated if a single point of four had gone against
him; and to obtain one everything was tried in the
way of assertion, declamation, and solecism. In
three points the court were unanimous against Mr.
H. ; on the fourth he had a bare majority. Thus
being mortified with defeats, and willing to disguise

468 PATRICK HENRY.

them under the name of a compromise, he proposed
that his client Rob1 Carter should surrender 6,000
acres of land, and £450. To this I agreed, knowing
that two of the four points were in strictness by no
means in our favor."

The compromise was not because of any mortifi
cation of Mr. Henry, as the following letter shows ;
a letter which indicates that Mr. Henry's clients
were not altogether different from some others, in
being more ready to promise fees before trial, than
to pay them afterward. The letter is valuable in
showing his method of dealing with a client who
refused to pay his charge.

" PRINCE EDWARD, March 31st, 1790.

a SIR : Mr. Dabney, a Gentleman who does Busi
ness for M. M. Barret, is now with me from Rich
mond, &> by him I have the Mortification to find
my Draft on you in his favor protested. By your
letter to him I observe the statement which you
give of this affair. It is misrepresented, or rather
not fully represented, and as I doubt not by mistake
in you. For when you state what was given up by
you, what you saved is not mentioned. The Ques
tion was, should Col. Chas. Carter recover 12,000
Acres of Land with many years profits, or not. In
other words, should this Land & this money be ad
judged to you or your opponent. You were not
Sued for the Land you lost nor the sum of money.
You were Sued for double the Quantity. And if
one Acre of the Tract had been adjudged to the De
mandant by a Court, the whole Tract must by the
same reason have been lost to you. As to the 450<£
you agreed to pay, remember Sir, the Sum would
have been enormous had you been called to Judgem1.

1 Con way's Edmund Randolph, 126.

RETURN TO THE BAR. 469

for 50 years profits of what the Lands would be ad
judged reasonabty to have been worth per Ann. by
a Jury. I was perhaps too vain when I supposed I
had a Share in bringing you off a contest that had
long embittered your Time, &, might have continued
to do so in the Evening of your Life. Nor could I
suppose proportioning my Demand to the property
saved to you, would be thought unjust. If I had
lost the Cause, 100 guineas was my Fee, you at the
same time loosing all the Land & profits. If you
obtained the Suit and saved the Estate, 400 guineas.
Now the Fact is you save half the Land <fe more
than T9Q- of what your Antagonist expected as to the
profits due him from you. Surely then when you
engaged to pay 400 guineas if you have success it is
strictly just to proportion My Emolument to your
success. More especially when the Fact is after
disputing & arguing the Cause so many Days, you
yourself set me on the agreement which I concluded
by your Direction, when it was seen the Court had
determined every point against you, & very little
Doubt remained of the Jury's opinion under the
Directions of the Court thus clearly in Judgement
ag't you.

uThe worthy Gentlemen, at least one of them, who
assisted me in your Defence, told me you appeared
to him desirous to relinquish the whole Estate ; and
in that Idea I tho*. it my Duty to get yr. Opponent
to accept of one-half only, &> thus to render you es
sential Service. This I am confident I can prove as
the Judgement of the Gent", to whom I allude, upon
hearing what passed between you and myself in our
chamber the last Morning of the Court in Loudoun.

" I am constrained to the painful Task of reca
pitulating supposed Merits, which I fondly hoped
would have been unnecessary, &> that both you &
myself would be spared the Mortifying Sensations
which must arise in recounting Transactions that

470 PATRICK HENRY.

ought to be for ever forgotten — & which I trust your
Justice will render it unnecessary to call from that
Oblivion. Your letter does not put my Demand of
200 Guineas upon any other Footing than 'if we
are successful^ Success followed to a certain De
gree; And I do assure you, if you had previously
told me of the Interpretation you now place upon
that Expression, I should not have taken that dis
tressing Fatigue which my Strength but illy en
ables me to undergo.

" Pray Sir, spare me the Misery of being obliged
to Sue you. I am sure you see not with my Eyes,
tho' perhaps with as good, otherwise no Dispute
would happen — and I really believe your Error is
involuntary.

" I will thank you for an answer & am Sir,
" Your most obedient Servant,

" P. HENRY.

" To ROBERT CARTER, ESQ., of Nomonyy

A single specimen of Mr. Henry's legal opinions
has come to the hands of the author, and is here
given.

" Cap*. Seymour Scot died intestate since Jan
uary 1st 1787, leaving lands & slaves as well as
personal Estate, &> having ten children. One of
them intermarry'd with Job Bird, & Cap*. Scott
gave Mr. Bird on the Marriage two negroes, of
which he has remained ever since in quiet possession.
The Question is what right has Mr. Bird in the
Estate of Cap*. Scot ? I am of opinion, that after
Mrs. Scot, Widow of Cap1. Scot, has her Dower of
the Lands & Slaves, as also her distributive share
of the personal Estate, that Mr. Bird in right of his
Wife has a just claim to a full child's part of the
Lands <fe Slaves as also of the personal Estate — but
that he must allow for the Value of the two Negroes

RETURN TO THE BAR. 471

above mentioned, as they were worth at the Time
they were given, & not for any Increase which they
may have had since. " P. HENRY.

"May 30th 1791."

The British debt case, alluded to by Judge
Roane in the extract from his letter heretofore
given, was Mr. Henry's greatest cause. Its magni
tude consisted not alone in the very large sums in
volved, but chiefly in the great questions discussed.
It involved the sovereignty of the State after the
Declaration of Independence, the honor of the State
in her confiscation acts, the validity of those acts
under the law of nations, the effect of the treaty
with Great Britain upon them, and the effect upon
the treaty of England's infraction of it. No sooner
was the Federal court opened in Richmond in 1790
than a large number of suits were instituted by
British creditors for the recovery of debts con
tracted before the revolution by Virginia debtors.
These had been in whole or in part paid into the
State treasury under the confiscation acts. The de
fendants made common cause, and employed Alex
ander Campbell, James Innes, John Marshall, and
Patrick Henry. The plaintiffs were represented
by Messrs. Ronald, Baker, Starke, and John Wick-
ham, all men of ability. Mr. Wickham was in
deed one of the ablest lawyers that ever lived in
Virginia.

The question as to the recovery of these debts
had been a disturbing one in the politics of the
country ever since the treaty of peace, and we have
seen that Mr. Henry persistently advocated the side
of the debtor. He was deeply interested in the

472 PATRICK HENRY.

questions to be discussed, and made a preparation
for the argument unusual with him. It is said he
shut himself up in his office for days, and allowed
no one to approach him except to bring his meals.
u He came forth," as Mr. Wirt justly says, "a
perfect master of every principle of law, national
and municipal, which touched the subject of investi
gation in the most distant point." It was expected
that he would make a great argument. Colonel
William DuVal, one of his associate counsel, in
sending him drafts of the pleas proposed, and
asking for his suggestions, wrote : " Next fall the
great question will come on as to their right to re
cover from our citizens. Your countrymen look up
to you on that occasion." Mr. Henry appeared in
court and qualified on November 23, 1791, and in a
few moments Jones against Walker, the first of the
British debt causes on the docket, was called. As
the pleadings were to be substantially the same in
all of the cases, and were to be decisive of the ques
tions, a stubborn contest over them at once began.
Mr. Henry commenced his argument on the 25th,
in a densely crowded court-room, and continued it
for three days. That it was a magnificent display
of legal learning as well as of eloquence, was ad
mitted by all. Even Mr. Jefferson, so unjust in his
estimate of Mr. Henry as a lawyer, said of it grudg
ingly : " I believe he never distinguished himself so
much as on the question of British debts in the
case of Jones against Walker. He had exerted a
degree of industry in that case totally foreign to
his character, and not only seemed, but had made
himself really, learned on the subject." l Fortu-

1 Letter to Mr. Wirt, Historical Magazine, August, 1867, 93.

RETURN TO THE BAR. 473

nately, Mr. Robertson, the reporter of the Conven
tion of 1788, took down his argument, and Mr.
Wirt's account of it from the manuscript will be in
serted among Mr. Henry's speeches.

How his services were appreciated by his clients
may be learned by a passage in a letter from Daniel
L. Hylton, written March 6, 1792, arranging for
his fee for a second appearance in the cases. He
writes, " Your countrymen look up to you as their
rock of salvation." *

At the September term, 1791, the discussion was
upon the law involved in the pleadings.2 There was
no jury trial. The judges were Johnson and Blair,
of the Supreme Court, and Griffin, district judge.
At the May term, 1793, the cases were again taken
up before Chief Justice Jay, and Judges Iredell, of
the Supreme Court, and Griffin, of the District
Court. The pleadings were again discussed and
somewhat modified. The cause argued at this term
was Ware, administrator of Jones, against D. L.
Hylton, etc. On May 27, 1793, Judge Iredell
wrote to his wife: "We began on the 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." 3

John Randolph was present at this trial, and was
personally interested in the result. He followed
Mr. Henry from Cumberland Court, where he had
defended his brother a few days before. Managing
to work his way through the crowd, he gained a po-

1 MS.

2 It was doubtless at this hearing- that the miniature of Mr. Henry was
painted from which the Sully portrait was taken. See Appendix IV.

s Life of Iredell, ii., 394.

474 PATRICK HENRY.

sition near enough to the judges to hear their con
versation. He afterward described the scene. He
said the Chief Justice told Iredell, who had never
heard Mr. Henry, that he was the greatest of ora
tors. Iredell doubted it, and becoming impatient
to hear him, they requested him to proceed with his
argument before he had intended to speak. Ran
dolph described Mr. Henry as presenting the ap
pearance of an old man, very much wrapped up,
and resting his head on the bar. As he arose he
began to complain that it was a hardship too great
to put the laboring oar in 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
associates by him. Randolph said although he knew
it was all put on, still such was the power of his
manner and voice, that he would in a moment for
get and find himself enraged with the Court for their
" cruelty." He then gave a brilliant outline of Mr.
Henry's progress in his argument, and compared
him to the practising 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, Randolph said, he 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. Randolph said his hands seemed to cover
the whole house. There was a tumultuous burst of

RETURN TO THE BAR. 475

applause, and Judge Iredell exclaimed : " Gracious
God ! He is an orator indeed ! " 1

Judge Iredell has left on record the impression
made upon him by the argument. He said in the
opinion he read :

" The cause has been spoken to, at the bar, with a
degree of ability equal to any occasion. However
painfully I may reflect at any time on the inade
quacy of my own talents, I shall as long as I live
remember with pleasure and respect the arguments
which I have heard in this case. They have discov
ered 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 ever
felt before. Fatigue has given away under its in
fluence and the heart has been warmed, while the
understanding has been instructed." 2

That a large part of this compliment was intended
for Mr. Henry cannot be doubted. The decision of
the Court upon the pleadings left nothing for the
jury to try except the plea of payment. Upon this
issue the jury was impanelled at once, and argument
was heard, but they could not agree upon a verdict.
Nor was one obtained until the May term, 1794,
when Mr. Henry was not present. By the plead
ings the defendants had been allowed credit for the
sums they had paid into the State treasury. From
this Ware appealed to the Supreme Court, where
the case was heard after Mr. Henry had left the bar.
That Court reversed the Circuit Court, and held the

1 MS. Letter of Hon. James W. Bouldin, a countyman of Randolph,
who heard his description of the scene.

2 Ware vs. Hylton, 3 Dallas, 257.

476 PATRICK HENRY.

debtors liable for their original obligations, on the
ground that the treaty being the supreme law under
the Constitution, annulled the acts of Virginia, al
though she might have been sovereign when they
were passed.1

It was the magnificent appearance of Mr. Henry
in this great cause, heard at the capital of the State,
that silenced those who had doubted his acquire
ments as a lawyer, and caused Washington to offer
him afterward the position of Chief Justice of the
United States.

A diary of Richard N. Venable for the years
1791 and 1792, has been preserved.2 Mr. Venable
was a member of the Prince Edward bar, and makes
frequent mention of Mr. Henry. Some extracts
will be given. His admiration and affection for
him are indicative of the esteem in which he was
held by his brethren of the bar. He writes, April
5, 1791:

" Came to court at Prince Edward, heard much
of Patrick Henry's persuasive eloquence." " Sat
urday, September 3, 1791, attended court at
Prince Edward district court, Winston and Tyler
judges. Heard an ingenious defence for one Bar-
rant, charged with rape, made by Patrick Henry, in
which he displayed great eloquence. Jury hung.''
"Thursday, May 10,1792. Go with brother Na
thaniel to Colonel Patrick Henry's, spend the bal
ance of the day and take dinner with him. Mr.
John Fontaine's widow 3 is here with her family,
and has been here ever since the death of her

1 The case is reported in 3 Dallas, under the style of Ware vs. Hylton.

2 In the possession of Major Richard N. Venable, of Baltimore. A copy
was kindly loaned the author by the Hon. E. C. Venable, of Petersburg,
Va. 3 Mr. Henry's daughter.

RETURN TO THE BAR. 477

husband. Mrs. Roane and her family also. What
a weight of worldly concerns rest upon this old
man's shoulders. He supports it with strength and
fortitude, but nature must sink under the load ere
long. His head now blossoms for the grave, his
body bends to mingle with its kindred dust, but his
fame shall remain and grow like the tall oak of the
forest, that spreads its broad head in the wind, and
rejoices in the storm ; his body shall be mingled
with the dust of the plowman and be known no
more, but the powers of his mind shall be a stream
of light to other times."

The accumulation of cares upon Mr. Henry at
this period was not alone due to his effort to relieve
himself of debt. Sickness and death among his
near relations had deeply afflicted him, and thrown
upon him much of the care of others. In February
preceding, his grandson, Edmund Fontaine, had
died, just as he was giving promise of a brilliant
career at the bar. Of him Mr. Venable writes in
his diary : " This young man, though modest, was
bright, and had he lived must have made a great and
useful man ; an amiable, friendly disposition, free
from jealousy or revenge. Pity is it that so bright
a star should set so soon." In a short time John
Fontaine followed his son to the grave, and left
his widow and children to the care and protection
of her father. Mr. Henry's sister, Anne Christian,
had lately died leaving her estate in his hands for
settlement, and her only son, John Henry Christian,
to his guardianship. She had never returned to
Kentucky after she came to Virginia as a widow.
A victim to consumption, she sought relief in the
West Indies, but finding her disease too far ad-

478 PATRICK HENRY.

vanced she attempted to return, and died and was
buried at sea in the winter of 1 790-1. 1 At the
time that Mr. Venable wTote the entry in his diary
of May 10, 1792, or soon afterward, Mr. Henry's
third son, Edward, was very sick at the house of
Colonel William Fleming, in Eotetourt County.
He happily recovered, as the following grateful let
ters show :

"P. EDWARD, Aug. 11th, 1792.

" DEAR SIR : I beg leave to make you my best
acknowledgements for your care and attention to
my son. T persuade myself that he also entertains
a proper sense of gratitude for your goodness. I
hope it will not be long before he will render you
some compensation as an evidence of it. I request
you to tender my respectfull compliments to your
worthy lady ; & believe me to be with sincere at
tachment and very high esteem and regard,

" dear Sir,
lt Your obliged Friend & Servant,

"P. HENRY.

"To COL. WM FLEMING, Botetourt."

"PRINCE EDWARD, August 14, 1792.

" DEAR SIR : I beg you to accept the books which
accompany this, as an evidence of my gratitude for
your goodness to my son. The money you ex
pended on his behalf shall be paid as soon as ac
count of it is rendered.

" I am with great regard, dear sir,

" your most obedient servant,

"P. HENRY.

" To COL. WM FLEMING."

After his recovery from this sickness, young Ed
ward Henry went to the-home of his Aunt Susanna,

! Whitsitts's Caleb Wallace, 119.

RETURN TO THE BAR. 479

the wife of Colonel Thomas Madison, of Botetonrt
County, who lived not far from Colonel Fleming
He seems to have still needed attention, which was
kindly afforded him, as the following letter shows.

"PRINCE EDWARD, Sept. 19, 1792.

" DEAR SIR : I am under very high and lasting
obligations to you for your attention and goodness
to my son Neddy. He is also very sensible himself
how much he is indebted to you for your kindness.
I hope he will show himself worthy and grateful.
I shall be better pleased to see him independent by
his own industry than ever so rich by the favor of
any person he might marry. I must turn him
loose to shift for himself, after giving him a planta
tion and some negroes at Leatherwood this fall. I
am getting over my illness, thank God, but severely
feel the loss of not attending court, as I have to
pay a great deal of money, and my negroes do
not gain anything. If any papers are wanting
for the backwoods lawsuit, pray describe them par
ticularly.

" I commit Neddy to your care to dispose of him
as you think best. I hope it may be in my power
to return the obligation at some time or other.
Give my love to my dear sister, and believe me to
be

" Yr ever obligd & aff*,

"P. HENRY.

" To COLONEL THOMAS MADISON."

The young man had another, and a very severe,
spell of sickness the next fall, and died in the fall
of 1794.

With all this care upon his shattered constitution,
it is riot to be wondered at, that Mr. Venable's diary

480 PATRICK HENRY.

contains the following entries a little later. " Fri
day, September 7, attended District court of Prince
Edward. Tazewell and W. Nelson judges, Patrick
Henry sick; many cases were continued for him."
"Thursday, September 20, New London. Court
adjourned at eight o'clock at night. Business
much retarded by absence of P. Henry." It is
probable that this sickness was the immediate re
sult of a trip to Greenbrier, to engage in a trial
which has been described by Judge Roane as fol
lows :

" About the year 1792 one Holland killed a young
man in Botetourt. The young man was popular
and lived, I think, with King, a merchant in Fin-
castle, who employed John Breckenridge * to assist
in the prosecution of Holland. 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. He wTas the son of one Dr. Holland, who
was yet living in Louisa, and had been one of Mr.
Henry's juvenile friends and acquaintances. At the
instance of the father, and for a reasonable fee, Mr.
Henry undertook to go to Greenbrier Court to de
fend Holland. Mr. Winston and myself were the
judges. Such were the prejudices there, as I was
afterward informed by Thomas Madison, that the
people declared that even Patrick Henry need not
come to defend Holland unless he brought a jury
with him. The day of trial the court-house was
crowded, and I did not move from my seat for
14 hours, and had no wish to do so. The exami
nation took up a great part of the time, and the

1 A man of genius, afterward Attorney- General under Jefferson.

RETURN TO THE BAR. 481

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 store-keeper,
and presented the deplorable case of the jury kill
ing 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 ; asked what must be
the feelings 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 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. During the examina
tion the bloody clothes were brought in. Mr.
Henry objected to their exhibition, and applied
most forcibly and pathetically Anthony's remarks
on Caesar's wounds ; on those dumb mouths which
would raise the stones of Rome to mutiny. He
urged that this sight would totally deprive the jury
of their judgment, which would be merged in their
feelings. The motion fell, Mr. Winston being of
opinion to reject them ; I was of opinion to receive
them as explanatory of the nature of the crime, by
showing in what direction the strokes were given.
The result of the trial was that, after a retirement
of an half or a 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 then brought in a verdict of man
slaughter." 1

' MS. Letter to Mr. Wirt.
31

482 PATRICK HENRY.

. After giving this example of Mr.' Henry's tragic
power, Judge Roane proceeds to illustrate his comic
power as exhibited in his court. He says :

" Mr. Henry was equally successful in the comic
line. Mr. Wirt has heard no doubt how he choused
John Hook out of his cause, by raising the cry of
* Beef ' against him. I will give a similar instance.
About the year 1792 there were many suits on the
south of James River for inflicting Lynch law. A
verdict of $500 had been given in Prince Edward
district court in a case of this kind. This alarmed
the defendant in the next case, who employed Mi-.
Henry to defend him. The case was that a wag
goner and the plaintiff were travelling to Richmond,
and the waggoner knocked down a turkey and put
it into his waggon. Complaint was made to the de
fendant, a justice, both the parties were taken up,
and the waggoner 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 com
mitted. Mr. Henry, on the contrary, contended that
he was a party aiding and assisting. In the course
of his remarks he thus expressed himself: 'But, gen
tlemen of the jury, this plaintiff tells you that he had
nothing to do with the turkey — I dare say, gentle
men, not until it was roasted] etc. He pronounced
the word roasted, with such rotundity of voice, and
comicalness of manner and gesture, that it threw
everyone into a fit of laughter at the plaintiff, who
stood up in the place usually allotted to criminals, and
the defendant was let off with little or no damage." 1

The case of John Hook, alluded to by Judge
Roane, was brought in 1783 against John Venable,

1 MS. Letter of Judge Roane to Mr. Wirt.

RETURN TO THE BAR, 483

the son of William Venable, of Louisa, Mr. Henry's
old friend, who had been instrumental in securing
his election to the House of Burgesses in 1765.
After he commenced attending the District Court, at
New London, Mr. Henry was employed to defend
the suit, which had lingered on the docket. The fol
lowing is Mr. Wirt's account of the trial, which took
place September 19, 1789, in a crowded court-room.1

u Hook was a Scotchman, a man of wealth, and
suspected of being unfriendly to the American
cause. During the distresses of the American army
consequent on the joint invasion of Cornwallis and
Phillips, in 1781, a Mr. Venable, an army commissary,
had taken two of Hook's steers for the use of troops.
The act had not been strictly legal, and on the es
tablishment of peace, Hook, under the advice of Mr.
Cowan, a gentleman of some distinction in the law,
thought proper to bring an action of trespass 2
against Mr. Venable, in the district court of New
London. Mr. Henry appeared for the defendant,
and is said to have disported himself in this cause to
the infinite enjoyment of his hearers, the unfortunate
Hook always excepted. After Mr. Henry became
animated in the cause, says a correspondent,3 he ap
peared to have complete control over the passions of
his audience ; at one time he excited their indigna
tion against Hook ; vengeance was visible in every
countenance ; again when he chose to relax and rid
icule him, the whole audience was in a roar of
laughter. He painted the distresses of the Ameri
can army, exposed almost naked to the rigour of a
winter's sky, and marking the frozen ground over
which they marched with the blood from their un-

1 So says Judge Stuart in his account to Mr. Wirt. MS.

2 The action was in trover and conversion, as appears by the record. .

3 Judge Stuart.

484 PATRICK HENRY.

shod feet. * Where was the man,' said he, 'who had
an American heart in his bosom, who would not
have thrown open his fields, his barns, his cellars,
the doors of his house, the portals of his breast, to
have received with open arms, the meanest soldier in
the little band of famished patriots ? Where is the
man ? There he stands — but whether the heart of
an American beats in his bosom, you, gentlemen, are
to judge.' He then carried the jury, by the powers
of his imagination, to the plains around York, the
surrender of which had followed shortly after the act
complained of ; he depicted the surrender in the
most glowing and noble colours of his eloquence —
the audience saw before their eyes the humiliation
and dejection of the British, as they marched out of
their trenches — they saw the triumph which lighted
up every patriot face, and heard the shouts of vic
tory, and the cry of Washington and liberty, as it
rung and echoed through the American ranks, and
reverberated from the hills and shores of the neigh
bouring river — ' but hark ! what notes of discord
are these which disturb the general joy, and silence
the acclamations of victory — they are the notes of
John Hook, hoarsely bawling through the American
camp, beef! beef ! beef ! '

" The whole audience were convulsed ; a particu
lar incident will give a better idea of the effect than
any general description. The clerk of the court, un
able to command himself and unwilling to commit
any breach of decorum in his place, rushed out of
the court-house and threw himself on the grass, in
the most violent paroxysm of laughter, where he
was rolling, when Hook, with very different feelings,
came out for relief into the yard also. ' Jemmy
Steptoe,' said he, to the clerk, ' what the devil ails
ye, mon ? ' Mr. Steptoe was only able to say that lie
could not help it. 'Never mind ye,' said Hook, ' wait
till Billy Cowan gets up ; he'll show him the la'.'

RETURN TO THE BAR. 485

" Mr. Cowan, however, was so completely over
whelmed by the torrent which bore upon his client,
that when he rose to reply to Mr. Henry, he was
scarcely able to make an intelligible or audible re
mark. The cause was decided almost by acclama
tion. The jury retired for form sake, and instantly
returned with a verdict for the defendant. Nor did
the effect of Mr. Henry's speech stop here. The
people were so highly excited by the tory audacity
of such a suit, that Hook began to hear around him
a cry more terrible than that of beef ; it was the
cry of tar and feathers : from the application of
which it is said that nothing saved him but a pre
cipitate flight and the speed of his horse."

A copy of the record of the case shows that the
verdict was for one penny damages, and one penny
costs to be paid to the plaintiff ; a complete triumph
for the defendant. The District Court has long
since been discontinued, but the old town of New
London remains, made celebrated by Mr. Wirt's
graphic account of this trial. The old court-house,
and Johnny Hook's store, are pointed out to the
traveller as objects of interest, and he is considered
ignorant indeed, if he is not familiar with the inci
dents of the trial. Mr. Hook was a man of large
means and high character, and was justly respected
for his virtues. His want of sympathy with the
revolutionary cause, and his Scotch courage in de
fending his rights, placed him in a position in
which he was exposed to Mr. Henry's powers of
ridicule, but it is not just to estimate his character
by this incident.

It was doubtless at New London that General
Andrew Jackson met with Mr. Henry. The ac-

486 PATRICK HENRY.

count was given by Jackson's friend, Colonel A very,
who said :

" I was present one evening in Jonesboro, when
General Jackson was talking to some dozen of his
friends. He told them that in passing through a
town in Virginia he learned at breakfast that Pat
rick Henry was to defend a criminal that day. He
was induced to stop. i No description I had ever
heard,' said Jackson, warmly, ' no conception I had
ever formed had given me any just idea of the man's
powers of eloquence.' " 1

It is also quite certain that it was at this old
town, the residence in his youth of Hev. Conrad
Speece,2 a Presbyterian minister of extraordinary in
tellect, that the trial occurred which has been so
admirably described by him, in an article written
some years afterward. He says :

" Many years ago, 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 busi
ness the constable took several men with him, some
of them armed. They found the slave on the plan
tation of his master, within view of his house, and
proceeded to seize and bind him. His mistress see
ing the arrest, came down and remonstrated vehe
mently against it. Finding her efforts unavailing,
she went off to a barn where her husband was, who
was presently seen running briskly to the house. It
was known he always kept a loaded rifle over his

1 Parton's Jackson, i., 164.

5 See sketch of him in Foote's Sketches of Virginia, ii. , 349.

RETURN TO THE BAR. 487

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 to
wards 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 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 exactly that which the
British Spy describes with so much felicity : 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 be
half of this unfortunate man. I shall aim at brev
ity. 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 can-

488 PATRICK HENRY.

not admit the possibility that anyone who never
heard Henry speak, should be made fully to con
ceive the force of expression which he gave to those
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 opin
ion 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 uttered these words,
my feelings underwent an instant change. I found
that everything within me answered at once, ' 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 pro-
foundest silence reigned, as if our 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 contin
ually more bright and promising. At length he ar
rived at the fatal act itself. ' You have been told,
gentlemen, that the prisoner was bound by every
obligation to avoid the supposed necessity of fir
ing, 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 com
pelled to give up the defence in despair. But surely
I need not tell you, gentlemen, how wide is the dif
ference between sticks or stones, and double-trig
gered loaded rifles cocked at your breast? The ef
fect of this terrific image, exhibited in this great ora-
ator'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

RETURN TO THE BAR. 489

the pei-fect 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 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 it
self to the breast of the hearer." l

There lived in Bedford County an old citizen of
Hanover, Benjamin Rice, who had married the widow
of Mr. Henry's brother. This gentleman attending
court at New London, brought with him on one
occasion a son by a previous marriage, who was
just about to go out from his father's home. He
wished to introduce him to Mr. Henry. When he
did so, he said, " Here, Mr. Henry, is my young son,
who is about to set out in a few days to try his
fortune in the world." Mr. Henry took him by the
hand, and looking into his handsome and intellectual
face, said in the kindest manner, " Be of good cour
age, my son, and remember that the best men al
ways make themselves." This advice was never
forgotten by the young man, but it often rebuked
and stimulated him when tempted by his besetting
sin of idleness, as he was accustomed himself to
relate.

It had great influence in shaping the life of one
of the most valuable men that ever lived in Vir
ginia. The young man was John Holt Rice, after-

1 Howe's Virginia, 222.

490 PATRICK HENRY.

ward a professor in Hampden Sidney College, a
distinguished Presbyterian divine, and the founder
of Union Theological Seminary, in the county of
Prince Edward, of which he was the first professor.

Mr. Henry travelled to his courts in an old-fash
ioned stick-gig, and a tavern eight miles from New
London was one of his resting places. It was so
much frequented by the members of the profession
that it acquired the name of " Lawyers." It is now
a station on the Virginia Midland Railroad, and ex
cites interest in the travellers from Mr. Henry's
association with its history. A pleasing picture is
given of him by Judge Winston, showing his ear
nestness in counteracting infidelity. He says : " He
travelled about 1794 on a circuit (Nelson and White
judges), carrying Soame Jennings,1 of which he
gave the judges a copy, desiring them at the same
time riot to take him for a travelling monk." 2

Alarmed at the incoming tide of French infidelity,
he had printed at his own expense, in 1789, an edi
tion of this author's admirable volume on " Internal
Evidences of Christianity," and gave it a free cir
culation.8

In the winter of 1792, Mr. Henry sold his farm
in Prince Edward and purchased of General Henry
Lee a very fine estate in the county of Campbell, on
Staunton River, known as ' Long Island.' He re
moved his residence to this estate in December,
1 792. Within a few weeks afterward, and before he
was fully recovered from the severe sickness of the
preceding fall, a messenger arrived bearing a letter

1 On Internal Evidences of Christianity. 2 MS. Letter to Mr. Wirt.

3 A copy of this edition is in the possession of Mr. Orin L. Cottrell, of
Richmond, Va.

RETURN TO THE BAR. 491

from Richard Randolph, then in Cumberland jail
on the charge of murder. Mr. Randolph offered
him two hundred and fifty guineas as a fee to de
fend him. Mr. Henry replied that he was too un
well to take the journey — quite a long one — from
Long Island to Cumberland Court-House. Some
days afterward the messenger returned with an
offer of five hundred guineas as the fee, and urging
him to appear at the trial, which was near at hand.
Mr. Henry called his wife. "Dolly," said he,
" Mr. Randolph seems very anxious that I should
appear for him, and five hundred guineas is a large
sum. Don't you think I could make the trip in the
carriage ? " Upon her assenting, the carriage was
brought out, and he arrived at Cumberland Court-
House in time for the examining court which con
vened for the trial.

Richard Randolph, the elder brother of the af
terward famous John Randolph of Roanoke, was a
man of wealth, extraordinary talents, of high char
acter, and connected by blood with the best people
in Virginia. The charge against him was the mur
der of a newly-born infant, of which he was the re
puted father. The most intense excitement had
been aroused against him in his county, and upon
his arrest he had been refused bail. Mr. Randolph's
anxiety for the result may be estimated by the
array of counsel that appeared for him. He was
defended by Alexander Campbell, an eminent ad
vocate, John Marshall, and Patrick Henry.

The trial was one of the most memorable that
ever occurred in Virginia. To Mr. Henry was as
signed the task of examining the witnesses, which he
is said to have done with wonderful skill. One in-

492 PATRICK HENRY.

cident of this examination is traditional. The chief
witness against the prisoner was a daughter of
Archibald Gary, who after her marriage had lived
in Cumberland. It may be well imagined that she
had no partiality for the counsel who cross-exam
ined her. Mr. Henry saw the necessity of breaking
down her testimony, and soon found an opportunity
of doing so. The witness testified that her suspic
ions had been aroused concerning the lady involved,
and being on one occasion in the house with her, she
had attempted to satisfy her curiosity by peeping
through a crack in the door of the lady's chamber,
while she was undressing. Mr. Henry at once re
sorted to his inimitable power of exciting ridicule
by the tones of his voice, and in a manner which
convulsed the audience asked her, " Which eye did
you peep with ? " The laughter in the court- room
aroused the anger of the witness, which was excited
to the highest pitch when Mr. Henry turned to the
Court, and exclaimed in his most effective manner :
" Great God, deliver us from eavesdroppers ! " The
court no longer heeded her testimony. As might
have been expected in such a case, and with such
counsel, the defence was magnificent. Mr. Henry
closed for the prisoner in one of his most masterly
efforts, and an acquittal was obtained, with the ap
proval of the large audience in attendance. Mr.
Randolph did not long survive the trial. He died
in 1796, it was believed of the mortification which
preyed upon his health. After his death it was
proven that he was not the father of the child al
leged to have been murdered.

Among the witnesses for the defence at this trial
was John Randolph, then near the age of twenty.

RETURN TO THE BAR. 493

He is said to have attracted Mr. Henry's attention,
and excited his interest, by the manner in which he
testified. He never ceased to express gratitude for
the service Mr. Henry rendered his brother, and
admiration for his wonderful powers of speech.
Those powers he had doubtless witnessed before, as
Prince Edward Court-House was but a few miles
distant from Bizarre, the residence of Richard
Randolph, and the home at the time of John Ran
dolph. Only a few days afterward he heard Mr.
Henry argue the British debt cause in the Federal
court, at Richmond, in which the two Randolphs
were deeply interested as debtors. In after-life,
when he had won the reputation of being one of
the most eloquent men of his day, Mr. Randolph
unhesitatingly accorded to Mr. Henry the palm of
oratory over all other men. He declared that lt he
was the greatest orator that ever lived," that " he
was Shakespeare and Garrick combined, and spake
as never man spake." The venerable General Will
iam S. Cabell, of Danville, Virginia, used to relate
that he heard Mr. Randolph on one occasion at
tempt to give a description of Mr. Henry's oratory.
He said :

" Randolph suddenly paused, and picking up a
piece of charcoal from the hearth, and pointing to
the white wall, said : ' But it is in vain for me to
attempt to describe the oratory of that wonderful
man. Sir, it would be as vain for me to try, with
this black coal, to paint correctly the brilliant flash
of the vivid lightning, or to attempt, with my
feeble voice, to echo the thunder, as to convey, by
any power I possess, a proper idea of the eloquence
of Patrick Henry ! '

494 PATRICK HENRY.

From the pen of Dr. Archibald Alexander, the
celebrated president of the Theological Seminary at
Princeton, whose genius so greatly influenced the
history of Presbyterianism in America, we have the
following admirable description of Mr. Henry as an
advocate : *

" From my earliest childhood I had been ac
customed 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 had ever heard him speak, on any important
occasion, could fail to admit his uncommon power
over the minds of his hearers. The occasions on
which he made his greatest efforts have been re
corded by Mr. Wirt, in his ' Life of Henry.7 What
I propose in this brief article is to mention only what
I observed myself more than a half a century ago.

" Being then a young man, just entering on a pro
fession 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 that
enabled them to sway the minds of hearers, almost
at their will.

a 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.2 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.

1 Life of A. Alexander, 183.

2 This is a mistake, Mr. Henry had removed from P. E.

RETURN TO THE BAR. 495

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 pre
vented 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
great care in dressing. Over his shoulders he wore
a brown camlet cloak. Under this his clothing was
black, something the worse for wear. The expres
sion of his countenance was that of solemnity and
deep earnestness. His mind appeared to be always
absorbed in what, for the time, occupied his atten
tion. His forehead was high and spacious, and the
skin of his face more than usually wrinkled for a
man of fifty.1 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 ex
amination of the witnesses closed ; and fche 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, Jr., the attorney
for the State, a man of large size and uncommon
dignity of person and manner, and also an accorn-

1 He was then fifty-eight.

496 PATRICK HENRY.

plished 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 ap
pearance 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 responsibil
ity which rests upon me, having the lives of three
fellow-beings depending probably upon 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 morn
ing.' 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 ex
perienced 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 de
ferred till next morning. I was early at my post ;
the judges were soon on the bench, and the prisoners
at the bar. Mr. Carrington, afterward Judge Car-
rington, opened with a clear and dignified speech,
and presented the evidence to the jury. Every
thing 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

RETURN TO THE BAR. 497

gun which he was carrying, and presenting it to
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 pre
sumed that the opinion of every juror was made up
from merely hearing the testimony ; as Tom Har
vey, the principal witness, who was acting as con
stable on the occasion, appeared to be a respectable
man. For the clearer understanding of what fol
lows, 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 influenc
ing 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 condi
tion, near the time of her confinement.

" As he discanted on the evidence, he would often
turn to Tom Harvey — a large, bold-looking man—
and with the most sarcastic look call him by some
name of contempt ; ' this Butterwood Tom Harvey,'
' this would be constable ; ' etc. By such expres
sions 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

498 PATRICK HENRY.

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
when 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 hus
band, in the house would have been for reject
ing Harvey's testimony ; if not for hanging him
forthwith. It was fortunate that the illusion of
such eloquence is transient and is soon dissipated
by the exercise of sober reason. I confess, however,
that nothing which I then heard so convinced me
of the advocate's power, as the speech of five min
utes which he made when he requested that the
trial might be adjourned till the next clay."

Dr. Alexander does not say what was the result
of this trial, but it is stated by one of Ford's neigh
bors that he was acquitted.1 The feeling against
him in the community may be estimated by the
following anecdote: Mr. Henry left the court
house soon after the rendition of the verdict, and
put up at a house for the night where he was not
personally known to the lady keeping it. She was
anxious to learn of the fate of Ford, and when told
he was acquitted, broke out in a tirade against him
and Mr. Henry, who, as counsel, had enabled him to
escape the gallows. After leaving the room she

1 A Mr. Spencer so informed John Henry, the author's father.

RETURN TO THE BAR. 499

met Mr. Henry's servant, and inquired who his mas
ter was ; upon learning his name she was overcome
with mortification, and never ceased to apologize
for her conduct as long as he remained under her
roof.

Some idea of the effect of his defence may be had
from the statement of one of the jury, a Mr. Hallo-
way, who said in after-life that Mr. Henry scared
him out of his wits, and made him believe that if
he hung Ford he would have to answer for it at the
judgment day. He said he was ever after afraid
of Mr. Henry and his old cloak.1

To his account of this trial, Dr. Alexander adds
some recollections of Mr. Henry personally, and an
analysis of his power as an orator. He says :

" At an early period of my ministry, it became
my duty to preach the funeral sermon of Mr. James
Hunt, the father of the late Rev. James Hunt, of
Montgomery County, Maryland. The death oc
curred at the house of a son who lived on Stannton
River ; Mr. Henry's residence, Red Hill, was a few
miles distant, on the same river. Having been
long a friend of the deceased, Mr. Henry attended ,
the funeral, and remained to dine with the com
pany ; on which occasion I was introduced to him
by Captain William Craighead, who had been an
elder in President Davies's church. These gentle
men had been friends in Hanover, but had not met
for many years. The two gentlemen met with
great cordiality, and seemed to have great enjoy
ment in talking of old times.

" On the retrospect of so many years, I may be
permitted to express my opinion of the extraordina
ry effects of Henry's eloquence. The remark is ob-

1 Statement of Mr. Halloway to John Henry.

500 PATRICK HENRY.

vious, in application not only to him but to all great
orators, that we cannot ascribe these effects merely to
their intellectual conceptions, or their cogent reason
ings, however great ; these conceptions and reason
ings, when put on paper, often fall dead. They are
often inferior to the arguments of men whose utter
ances leave little impression. It has been often said,
both of Whitefield and of Henry, that their dis
courses, when reduced to writing, show poorly by
the side of the productions of men who are no ora
tors. Let me illustrate this by the testimony of one
whom I remember as a friend of my youth.1 . . .

" The power of Henry's eloquence was due, first, to
the greatness of his emotion and passion, accompa
nied with a versatility which enabled him to assume
at once any emotion or passion which was suited to
his ends. Not less indispensably, secondly, was a
matchless perfection of the organs of expression,
including the entire apparatus of voice, intonation,
pause, gesture, attitude, and indescribable display
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 in
imitable as they were indescribable. These were
felt by every hearer, in all their force. His mighti
est feelings were sometimes indicated and communi
cated by a long pause, aided by an eloquent aspect,
and some significant use of the finger.

" The sympathy between mind and mind is inex-
plicablev Where the channels of communication
are open, the faculty of revealing inward passion
great, and the expression of it sudden and visible,
the effects of it are extraordinary. Let these shocks
of influence be repeated again and again, and all
other opinions and ideas are for the moment al>

1 Here follows the account of General Posey as to the effect of Mr.
Henry's great speech in the Convention of 1788, heretofore given.

RETURN TO THE BAR. 501

sorbed 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 sin-

fular insight into the feelings of the common mind,
n great cases, he scanned his jury and formed his
mental estimate ; on this basis he founded his ap
peals to their predilections and character. It is
what other advocates do in lesser degree. When
he knew that there were conscientious or religious
men among the jury, he wrould most solemnly ad
dress himself to their sense of right, and would
adroitly bring in Scriptural citations. If this handle
were 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 lay under the odious suspicion of
being a tory, and who was proved to have refused
supplies to a brigade of the American army.

"A learned and intelligent gentleman stated to me
that he once heard Mr. Henry's defence of a man
arraigned for capital crime. So clear and abun
dant was the evidence that my informant was un
able to conceive any grounds of defence, especially
after the law had been ably placed before the jury
by the attorney for the commonwealth. For a long
time after Henry began, he never once adverted to
the merits of the case or the arguments of the pros
ecution, but went off into a most captivating and
discursive oration on general topics, expressing opin
ions in perfect accordance with those of his hear
ers; until having fully succeeded in obliterating
every impression of his opponent's speech, he ob
liquely approached the subject, and as occasion
was offered, dealt forth strokes which seemed to

502 PATRICK HENRY.

tell upon the minds of the jury. In this case, it
should be added, the force of truth prevailed over
the art of the consummate orator."

Dr. Alexander adds :

" Patrick Henry had several sisters, with one of
whom, the wife of Colonel Meredith, of New Glas
gow, I was acquainted. Mrs. Meredith was not
only a woman of unfeigned piety, but was, in my
judgment, as eloquent as her brother ; nor have I
met with a lady who equalled her in powers of
conversation."

This tribute to Mr. Henry is of great value, as it
comes from a man of genius, and a gifted orator,
who possessed a thoroughly well - balanced mind.
Taken in connection with similar testimony from
the most intellectual men of his clay, Mr. Henry
is shown to have completely filled Quintilian's
requisites of an orator of the highest order. Says
this celebrated writer :

" The life and soul of eloquence is shown in the
effect on the feelings. Orators who can seize the
attention of the judge, and lead him to whatever
frame of mind they desire, forcing him to weep or
feel angry as their words influence him, are bat
rarely found." 1

It is this magic influence of the speaker over the
human mind that has been universally recognized as
the " soul of eloquence." It requires not only in
tellect of the highest order, but a manner which
cannot be adequately described, and which must be

1 Institutes of Oratory, VI. , Chapter ii.

RETURN TO THE BAR. 503

witnessed to be appreciated. It is this indescribable
manner that Demosthenes referred to, when on being
asked for the first, second, and third requisite of an
orator, he replied each time, " vnoxptaiz ; " which
Cicero translates by the rhetorical term "actio"
and which is equivalent to the English word, " de
livery.'' When thoughts conceived in the womb of
genius are thus delivered, their communication is
overpowering, and the dominion of mind over mind
is complete.1

The estimation in which Mr. Henry was now
held as a learned lawyer, as well as an eloquent
advocate, is shown in the following letter from the
Governor of Virginia, offering him employment in
one of the most important law cases in which the
commonwealth was ever involved.

" IN COUNCIL, December 24, 1794.

" SIR : The claim of the commonwealth to that
part of the Manor of Leeds, which lies in the county
of Fauquier (containing 90,000 acres), has been
prosecuted to the attainment of a judgment in the
district court of Dumfries, where the title was tried
on the inquisition taken before the escheator, and
the plea, traverse and monstrance de droit, filed on

1 The lasting impression Mr. Henry's manner made upon his audience
is illustrated by the following extracts from letters of the Venerable Rob
ert C. Winthrop to the author. Says he : "Did I ever tell you that in
1832, fifty years ago, I passed a day or two with Governor James Bar
bour, before proceeding to Montpelier to pass a day or two with Mr.
Madison, and that Barbour entertained and charmed me with his ac
count of Patrick Henry, and gave me a most vivid impression of his elo
quence by rising and reciting in the most animated manner, with gestic
ulations and even stamping of the foot, a long passage of one of Mr.
Henry's most memorable speeches ? . . . When I have heard Clay at
his very best and under some extraordinary excitement, I have thought
he must have approached Patrick Henry, as Barbour described and im
personated him."

504 PATRICK HENRY.

the part of Denny Fairfax. The cause is from
thence brought up, and now depending in the court
of appeals ; and as it is not only important in it
self, but its discussion will govern in all similar
cases, the Executive, from impressions both of duty
and inclination, are extremely anxious to commit its
management to the most competent counsel. Under
the hope that your undertaking for the State on
this occasion will not be incompatible with your
other avocations, and a full confidence in your
invariable attachment to the public interest, I
take the liberty of requesting you to advocate it
in this instance at the ensuing term. With the
principles upon which the claim is bottomed, you
have been long conversant, and for your further in
formation respecting it I will send you the tran
script of the record, as soon as I receive your per
mission to do so. I shall await your answer with
impatience, in which you will please to be so oblig
ing as to communicate what compensation will be
satisfactory to you for the trouble a compliance
with our request will subject you to.

" I am Sir with the most perfect respect, etc.,

"ROBERT BROOKE.

" To PATRICK HENRY, ESQ."

Mr. Henry, however, had determined to retire
from his profession at the end of the year, and de
clined the retainer. His practice had been very re
munerative, and his fees, with his judicious manage
ment of his affairs, had relieved him of embarrass
ment and made him a wealthy man.

During the period of which we have been writ
ing, two of Virginia's greatest statesmen, and Mr.
Henry's warmest friends, passed away. George
Mason died October 7, 1792, and Richard Henry
Lee, June 19, 1794.

CHAPTER XLL

IN PRIVATE LIFE.— 1790-94.

Land Investments. — Treaty Between the United States and the
Creek Indians. — Virginia Yazoo Company. — Removal of Mr.
Henry to Red Hill. — Description of His New Home. — His
Domestic Life. — His Estimate of His Political Associates. — His
Religious Life. — Marriage of Two Daughters. — Commencement
of French Revolution. — Condition of the Nation. — Different
Impressions of Gouverneur Morris and Thomas Jefferson. — Pro
gress of the Revolution. — War between France and England.
—Washington's Policy of Neutrality.— Conduct of Genet, the
French Minister to the United States. — Effect of European
Affairs on American Political Parties. — Questions of Maritime
Law. — Jay's Treaty. — The Whiskey Insurrection in Pennsyl
vania. — Opposition to Washington's Administration.

IN making investments Mr. Henry availed him
self of the public lands put upon the market, and
his selections were made with a discrimination
which attested his business capacity. He lived to
sell or exchange some of these lands at a consider
able advance, and to acquire large tracts in the
better settled parts of the country, which he gave to
his oldest sons.

Two of his land investments, however, were not so
fortunate, by reason of governmental action. These
were in the State of Georgia. The first was a tract
at the bend of the Tennessee River, in lands ceded
to Georgia by the Creek Indians by treaties en
tered into in 1783, and subsequently. In 1790
General Washington, in order to stop, if possible,
the harassing wars carried on by the Creeks, in-

506 PATRICK HENRY.

vited their great chief, McGillivray, to visit New-
York, for the purpose of making a treaty with
him. The wily savage wrote to the Spanish gov
ernor at New Orleans as he was setting out, assuring
him of fidelity to Spain notwithstanding any treaty
he might make, and asking for an annual stipend of
fifteen thousand dollars with which to continue his
warfare upon the land settlers and the United
States.1 Arrived at New York with an escort of
chiefs, McGillivray was received with marked at
tention, and a treaty was soon concluded, by which
a liberal annuity was promised to the Creeks, an ex
tensive territory, which they had previously ceded
to Georgia, was restored to them, and McGillivray
was given one hundred thousand dollars as compen
sation for his confiscated property, taken during his
wars, and in addition the rank and pay of a brig
adier-general in the army of the United States.
These remarkable concessions were made in order
to obtain a single clause in the treaty, whereby
the Creeks promised to be " under the protection of
the United States, and of no other nation whatso
ever ; " a promise which, if fulfilled, would have se
cured a permanent peace, but which they had no in
tention of keeping.

In the territory given up to the Creeks were the
lands purchased by Mr. Henry, and we find him
bitterly complaining of this high-handed act of the
Federal Government, in the following letters to the
Governor and one of the prominent citizens of
Georgia.

1 Gayarre's History of the Spanish Domination, 300.

IN PRIVATE LIFE. 507

il PRINCE EDWARD IN VIRGINIA, October 14th, 1790.

" SIR : The common Expressions of Thankfulness
fall far short of what I feel for your Excellency's
polite <fe friendly Intimation through Mr. Watkins.
I beg Leave to offer you my best Acknowledgments
for your proffered Hospitality, & have to lament
that I am so circumstanced that I cannot have the
Satisfaction of paying my Respects to you in Person.

" Capt. Scot is again going to your Country on
the Business he formerly left unfinished. Some
late Occurrences incline me to suppose that the
Opposition to our Views will be discovered to be
impolitic. If Congress may of Right forbid Pur
chases from the Indians of Territory included in the
Charter Limits of your State, or any other, it is not
easy to prove that any Individual Citizen has an in
defeasible Right to any Land claimed under a State
Patent. For, if the State territorial Right is not
Sovereign & Supreme, & exclusively so, it must fol
low that some other Power does possess that exclu
sive Sovereignty : and every Title not derived from
that other Power must be defective.

" I need not, however, point out to you the Dan
ger consequent to all landed Property in the Union
from an acquiescence in such Assumptions of Power,
because I have understood you had your appre
hensions on the Subject. I have only to wish that
the Ideas you have entertained may be now ac
knowledged to be what the Event has shown, I
mean those of an enlightened Statesman.

" It will ever give me Sincere Pleasure to hear of
your Happiness and Prosperity : being with Senti
ments of the highest Regard and Esteem, Sir,
" Your Excellency's obedient &
" very humble Servant,

"P. HENRY.

' ' His Excellency EDWARD TELFAIR,

" Governor of Georgia.
" Favd by Capt. Scot."

508 PATRICK HENRY.

"RICHMOND, Novr. 12th, 1790.

" SIR : The particular Circumstances of this time
will I trust excuse me, a stranger as I am, for troub
ling you with this. Our common Interest as pur
chasers of western Land, & also, as American Citi
zens, seems to be attacked by the proceedings of
the general government, and I am not of a Disposi
tion to bow down before the Threats of power, or
the Usurpations of those who, from public servants,
are about to make themselves considered in another
character. When the late Treaty with the Creeks
is considered in all its consequences, it is impossible
for those immediately injured by it, to suppress
their Emotions. And for those more remote from
Georgia to remain unconcerned spectators of it, is
inconsistent with the conduct which opposed the
Encroachments attempted on American Rights. It
is a Deception to urge, that Encroachments from
the American Government are not dangerous. In
fact, they are more to be dreaded at this particular
Time in our own Government than from any other
quarter. No foreign power can annoy us, There
fore from our own rulers only can Usurpation
spring. In the early operations of the new system,
when the world will suppose the genuine impres
sions & the true interpretation of it, are fresh on
the minds of men, if precedents like this Treaty
shall be found, it is but too easy to see the fatal
Examples they will furnish for a Repetition of the
like or greater Mischiefs. There is therefore no
doubt remaining of the propriety of doing every
thing which becomes patriots, to rescue your coun
try from the calamitys which must ensue from the
present Effects & future mischiefs of this Treaty.
If you demand what is to be done, I own myself at
a loss to answer ; but I will give you my present
Thoughts unmatured as they are.

" I think then, in the first place, a decent but

IN PRIVATE LIFE. 509

spirited Remonstrance ought to be sent to the seat
of power, stating your Right to the Territory, <fe
deducing it from the crown of England down to the
present time, in which the Indian Treatys relating
to the Subject may also be stated. The proclama
tion of 1763 gave part of the Country to Georgia,
& at the same Time marked out ample limits for
Indian hunting-grounds. An acquiescence under
these arrangements 27 years has followed. And in
the moment of peace to dismember your State was
surely enough to astonish Mankind, when it is con
sidered that thereby you are placed under Circum
stances proper only to those who in War own them
selves conquered. But, as if this were not enough
humiliating, this loss of country is declared not to
be, as in every Indian Treaty hitherto has been the
case, a temporary Cession of the use only, but an
absolute Guaranty : by which is understood a com
plete Title to the Sovereignty. But this was not
all which the Hand of Generosity held out to the
new ally. An insulting conqueror, after possessing
the country in contest in full sovereignty, could find
out nothing to add, except the payment of Tribute
from the vanquished, for what remained to them.

" It cannot escape observation that in all Indian
negotiations under our late regal Government, a
Conduct very different from this was constantly
observed. Men of sufficient Understanding from
the respective colonies were called upon from great
Distances to superintend & guard the Interests of
all concerned.

" The late Congress copied that policy. Instead
of dismembering States, guarantying Countrys, &
paying Tribute to Indians, they give peace, assigning
them Lands to live &> hunt upon, &c. But I find
myself drawn into a Discussion much too lengthy,
& must stop, tho' on a subject teeming with matter
almost too much for Utterance. I will say nothing

510 PATRICK HENRY.

of the Contemptuous Carriage of those in power,
towards the servants of Georgia, who were on the
spot, &> whose Councils if admitted to a Hearing
might have saved their Country from this disaster.
Had these gentlemen been at a Distance, some ex
cuse might have been found from a pretended neces
sity. But I am really distressed to feel conviction
in my ow7n mind that no decent Excuse can be found
for the Agents in this fatal Treaty.

" A Dispassionate, candid Statement of Facts, ad
dressed to every State in the Union, seems to me
necessary. The particulars of the Injury you suf
fer are not known to many persons in the States
distant from yours. The whole matter should be
fairly explained to the world at large. How else
can you be redressed ? If unhappily the Govern
ment designedly injures your Country (which I
hope is not the case), be assured that it is not yet
the Sense of the Union to suffer it. For Truth
obliges me to declare that I perceive in the Federal
Characters I converse with in this Country an hon
est & patriotic care of the general Good. Remain
firm therefore, & redress will be found. Intemper
ance & Folly only can prevent it.

" The British Arrays, the Torys & Indians were
lately baffled in their attempts upon Georgia.
Thank God, your Case is not now so distressing.
Pursue the virtuous Course & all is safe. You will
find Support amongst the great Bulk of your Ameri
can Brethren so long as Truth, Justice, Firmness, &
good sense mark your Conduct.

" Will you pardon, Sir, the Freedom of my Ex
pressions. My real concern for the prosperity of
your Country, is my only Motive. The Assembly
now sitting here have taken up the Subject of Con
gressional Oppression — Herewith I send you some
Resolutions which will be followed by a Memorial
to Congress, and probably, other Resolutions against

IN PRIVATE LIFE. 511

some proceedings of the Federal Government claim
ing a Right of Jurisdiction over certain military
Bounty Lands beyond the Ohio River. You will
see by those I send, the Temper of Virginia is not to
submit to the Exercise of unrighteous Government,
whilst she pays Respect to proper acts of power.

" I hope it is by this Time evident to all with
you, that sound policy teaches the Encouragement
of those persons who wish to attach themselves to
your Soil by making purchases of it — What besides
Encreased population, & consequent Weight &
Strength can save you from like attempts in Time
coming ? The reasoning is so clear and cogent, as
to need no Enlargement on the Subject.

" Endeared as Georgia is to me by the Hope of
being possessed of valuable property within her
limits, & where I fondly hoped to fix my posterity,
I shall anxiously wait the Result of affairs at this
session of your assembly — Much depends on the
present moment. If it is wisely improved, the
Georgia purchases &> Georgia itself may be saved—
& in its future prosperity will amply repay all the
Anxiety & Solicitude we now experience.

" I beg of you Sir to present me to your much
respected Governor in Terms expressive of the most
affectionate Attachment - - The Wisdom of his
Maxims is now apparent — To all our other Friends
& fellow- Adventurers, particularly Judge Osborne,
I tender my best Respects &> hearty good wishes, &>
am with Sentiments of perfect Esteem,

" Yr. mo. obt. <fe very hble Servt.

"P. HENRY.

" P.S. — I would have written to Capt. Scot, but
for the uncertainty of finding him with you.

*' To ROBERT WALKER, ESQ., Augusta in Georgia."

The intense indignation excited in Georgia by
this treaty, found vent on the floor of Congress

512 PATRICK HENRY.

through James Jackson, one of her delegates, in very
strong language.1

The other transaction is more important, as it is
related to certain celebrated acts of Georgia, and
has been greatly misrepresented in an attempt to
defame Mr. Henry's character.

In the year 1789, in view of the disposition man
ifested by the State of Georgia to sell her vacant
lands adjoining the Mississippi, Mr. Henry united
with several of his friends, men of high character,
in forming what they styled " The Virginia Yazoo
Company." They sent an agent to Augusta, who
presented their petition to the Georgia Legislature,
offering to purchase a large tract in the northwest
ern part of the State, the price to be " payable
in the currency of the State, or any liquidated debts
against the State." A bill was passed December 21,
1789, based upon this petition, which granted to
the company pre-emption of the land, subject to the
Indian title, for the sum of ninety-three thousand
seven hundred and forty-one dollars, to be paid with
in two years.2 Within a short time a small payment
was made to the Treasurer of the State in paper
currency. On June 11, 1790, the Legislature adopt
ed a resolution directing the treasurer to receive in
payment only gold and silver and paper currency
after a certain day in August following.3 In the
meanwhile the members of the company had been
buying up certificates of the debt of Georgia, con
struing the act authorizing the purchase as an ac-

1 McMaster's History of the People of the United States, ii. , 604.

2 American State Papers, Public Lands, i., 157, Memorial to Con
gress of Virginia Tazoo Company.

3 American State Papers, Public Lands, i , 162, Memorial of Company
to Congress.

IN PRIVATE LIFE. 513

ceptance of the terms proposed in their petition.
On December 12, 1791, within the time limited,
they tendered through an agent, the full amount of
the purchase money to the Treasurer of the State in
evidences of the debt of Georgia, which were re
fused by him.1 The matter rested in this condition
till the winter of 1794, when the company sent an
other agent to Augusta, with a petition to the Legis
lature urging a fulfilment of the contract entered
into in 1789. He found the body engaged in per
fecting a sale of the lands involved, together with a
large additional area, to a set of new purchasers —
The Georgia Company, the Georgia Mississippi
Company, the Tennessee Company, and the Upper
Mississippi Company — at the price of five hundred
thousand dollars.

These last purchasers were authorized by an act of
January 7, 1795, to pay in specie, bank bills of the
United States, and warrants on the State treasury
for the years 1791-92-93-94-95.2 The Virginia
Company were not interested in this sale, none of
them being among the purchasers, as they solemnly
asserted in their memorial to Congress December
28, 1803, after the cession by Georgia to the United
States.3 Indeed, by this sale in 1795 the land sold
the Virginia company in 1789 was taken from them.
Upon the return and report of Mr. Scott, the agent,
Mr. Francis Watkins, the secretary and manager of
the company, wrote to Mr. Henry, March 7, 1795,
giving information of the loss of the lands, and ad
vising the dissolution of the partnership and settle
ment of accounts.4 At a meeting of the company,

1 American State Papers, Public Lands, i., 158, Memorial of Company
to Congress. 2 Idem, 139. 3 Idem, 161. 4 MS.

514 PATRICK HENRY.

July 25, 1795, it was determined to file a bill in the
Supreme Court of the United States against the
State of Georgia, to enforce their right to the tract
sold them by the Act of 1789, which had been sold
by the State to other companies in 1795, and Mr.
Henry and David Ross were appointed a committee
to prosecute the claims ; l but the suit was prevented
by the adoption of the eleventh amendment to the
Constitution. After the adjournment of the Georgia
Legislature it became known, that many of the mem
bers were personally interested in the companies to
which these lands had been sold at an almost nomi
nal price, and the people became thoroughly aroused
by this betrayal of their interests. Another body
was elected pledged to undo the fraud, and on Feb
ruary 13, 1796, an act was passed reciting the
corruption of the previous body, and declaring
the act of January 7, 1795, as well as the deeds
made in pursuance thereof, to be null and void.2
This act of January 7, 1795, became notorious as
the Yazoo fraud, and a deserved infamy attached
to all who were implicated in it. But so far from
the Virginia Company being implicated in the
fraud, they were deprived of their just rights by
reason of it.

In 1794 Mr. Henry bought a fine estate on Staun-
ton River, twenty miles below Long Island. It
was called Red Hill from the soil of the hill on
which the dwelling stood. He divided his residence
between Long Island and this place until the year
1796, when he removed permanently to it. The
dwelling-house, a plain wooden structure, was in the
county of Charlotte, a few hundred yards from the

American State Papers, Public Lands, i., 184. - Idem, 142.

IN PRIVATE LIFE. 515

Campbell line. It is described as follows by a vis
itor in after-years :

" It 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 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.1

" Under the trees which shaded the lawn, and " in
full view of the beautiful valley beneath, the orator
was accustomed in pleasant weather to sit morn
ings and evenings, with his chair leaning against
one of the 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.2 His great
delight was in conversation in the society of his
friends and family, and in the resources of his own
mind.'73

No disposition could be better suited to the do
mestic happiness he now enjoyed, than was that of
Mr. Henry. All accounts agree as to the purity
and loveliness of his private life. Says one who had
enjoyed intimacy with him : " With respect to the

1 Howe's History of Virginia, 221. 2 Idem. 3 Judge Roane.

510 PATRICK HENRY.

domestic character of Mr. Henry, nothing could be
more amiable. In every relation, as a husband,
father, master, and neighbor, he was entirely exem
plary. 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 out of temper.
Circumstances which would have highly irritated
other men had no visible effect on him, he was
always calm and collected."1 Says another: " He
was uniformly an affectionate husband and parent,
and a kind master to his servants. He removed
four times to places where he was personally a
stranger, and always on acquaintance became a
favorite neighbor."2 His private papers contain
abundant evidence of his kindness to the poor, not
only in furnishing them provisions from his farm,
but in loaning them money with which to buy food
when his own supplies were exhausted. Such loans
were often left uncollected. They also show his
interest in public schools, to some of which he ex
tended material aid. During the years of his retire
ment many strangers came to pay their homage, to
look upon his face, and to listen to his words. Such
guests were always received with a cordiality and
simplicity of manner which at once put them at
their ease. It was natural that his visitors should
desire to learn from his own lips of the great events
in which he had borne so brilliant a part, but his
references to the past were free from all boasting.

" No man," says Judge Roane, " ever vaunted less
of his achievements than Mr. Henry. I hardly ever

1 Judge Roane, MS. Letter to Mr. Wirt.
s Judge Winston, MS. Letter to Mr. Wirt.

IN PRIVATE LIFE. 517

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 nar
row 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." 1

To his most intimate friends he would talk of the
great characters with whom he had been associated.
Judge Roane tells us :

" Mr. Henry had strong prejudices for and
against many of his political associates — tho' he
only expressed them to his particular friends. He
had the highest opinion of George Mason's talents,
patriotism, and republican principles. He consid
ered him as a man well acquainted with the interests
of the people, and warmly attached to the liberty
of his country. A cordial friendship existed be
tween them. Of R. H. Lee he did not think quite
so well, and they were very often opposed to each
other ; yet they coalesced on great questions, as that
of independence, and opposition to the Federal con
stitution. He was very fond of John Tyler as a
warm-hearted patriot, and an honest, sensible man ;
and many others not necessary to be now men
tioned. As to Mr. Madison, he considered him in
1783 and 4 as a man of great acquirements, but too

1 MS. Letter to Mr. Wirt.

518 PATRICK HENRY.

theoretical as a politician, and that he was not well
versed in the affairs of men. "This opinion increased
in the convention of 1788: he was astonished that
Madison would take the constitution, admitting its
defects, and in a season of perfect peace ; and he
believed him too friendly to a strong government,
and too hostile to the governments of the States.
On these grounds he was rejected as a Senator in
1788, and probably his rejection was useful to
Madison ; for to regain the confidence of his native
State he brought forward the amendments intro
duced in 1789 into the constitution. Henry's preju
dice against Madison always remained in some de
gree, and to this may possibly in some measure be
ascribed his alleged secession from the republican
party, now headed by Madison, toward the close of
his life." 1

Nothing is more attractive in this picture of a
green old age, than his relations to his children.
Says Colonel Meredith, his brother-in-law : " His
children were on the most familiar footing with
him, and he treated them as companions and
friends." 2 Another correspondent wrote to Mr.
Wirt : " His visitors have not unfrequently caught
him lying on the floor with a group of these little
ones climbing over him in every direction, or danc
ing around him with obstreperous mirth to the tune
of his violin, while the only contest seemed to be
who could make the most noise." With his leisure
his love of music seems to have revived, and he is
described as fond of entertaining himself and his
family with his violin and flute, and often improvis
ing the music.

But his retirement was not a state of idleness nor

1 MS. Letter to Mr. Wirt. 2 MS. Letter to Mr. Wirt.

IN PRIVATE LIFE. 519

of simple recreation. The care of his estates and
management of his private affairs afforded him oc
cupation, and he also assisted in the education of
his younger children. For these he engaged as a
tutor Thomas Campbell, the poet, then a young man
wishing to come to America. The engagement was
made through the poet's brother, Robert, who after
ward married Mr. Henry's daughter, Sarah Butler.
But the poet, then twenty years of age only, was
prevented from fulfilling his engagement by the ad
vice and authority of an older brother.1

He gave himself now more than ever to the study
of the Bible, and of the great English divines, par
ticularly Tillotson, Butler, and Sherlock. The ser
mons of the latter, he declared had removed all his
doubts of the truth of Christianity, and from a vol
ume 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.2 One of his neighbors going to see
him found him reading the Bible. Holding it up in
his hand, he said: "This book is worth all the books
that ever were printed, and it has been my misfor
tune that I have never found time to read it with
the proper attention and feeling till lately. I trust
in the mercy of Heaven that it is not yet too late."

It was his habit to seat himself in his dining-room
every morning directly after rising, and read his
Bible, and as his children would pass him for the
first time he would raise his eyes from his book and

1 See reference to this in Seattle's Life of Campbell, i., 42, 194.

2 Tyler's Patrick Henry, 349 ; Life of A. Alexander, 193 ; Howe's
History of Virginia, 221.

3 Statement of George Dabney, MS. Letter to Mr. Wirt, Wirt's Henry.

520 PATRICK HENRY.

greet them with a " good morrow." And this he
would never neglect.1

He never gave up the habit of extracting infor
mation from persons he met by plying them with
questions, and he often said to his children that he
seldom met with a man who did not tell him some
thing of which he was ignorant.2

In his habits of living he was remarkably tern
perate and frugal. He seldom drank anything but
water, and his table, though abundantly spread in
the Virginia fashion, was furnished w^ith the sim
plest viands. His manners were those of the Vir
ginia gentleman : kind, open, candid, and conciliat
ing; warm without insincerity, and polite without
pomp. He did not chill by reserve, nor fatigue by
loquacity, but adapted himself without an effort to
the character of his company. He would be pleased
and cheerful with persons of any class or condition,
vicious and abandoned persons only excepted. He
preferred those of character and talents, but would
be entertained with any who could contribute to his
amusement. He had himself a vein of pleasantry
which was extremely amusing without detracting
from his dignity.3 His conversation was pure and
chaste, and he was free from the foibles which so
often develop in old age. He had not even the
habit of using tobacco, so common in Virginia. In
fact, tobacco-smoke became offensive to him as he
grew older, and it is said that he required his house
servants to give up their pipes, and was very sure
to detect them if they came where he was with the

1 Statement of his daughter Sarah to the author. 2 Idem.

3 Wirt's Life of Henry, 417, 428 ; and Judge Roane's MS. Letter to Mr.
Wirt.

IN PRIVATE LIFE. 521

least smell of tobacco upon them. Judge Roane
wrote of him : u As to the character of Mr. Henry,
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 ex
cused when we reflect on the largeness of a beloved
family, and the straitened circumstances in which he
had been confined during so great a part of his life."1
Red Hill was the scene of two marriages in Mr.
Henry's family. Dorothea Spotswood, his oldest
daughter by his second marriage, a beautiful girl,
whose features are preserved in her portrait by the
English artist, James Sharpies, married George D.
Winston, a son of Judge Edmund Winston and her
cousin.2 Martha Catharina, her younger sister,
married in 1798, at seventeen, Edward W. Henry,
a son of Judge James Henry of the Court of Ap
peals, who was a Scotchman by birth, and doubtless
a kinsman of Colonel John Henry. There was a
touch of the romantic in this union. Judge Henry
was from the Eastern Shore of Virginia, and young
Martha Henry, when on a visit to that section, in
leaving a ship fell overboard, and was rescued from
a watery grave by her gallant cousin, who was act
ing as her escort. This incident excited mutual
feelings which soon ripened into a warm attach
ment. Their married happiness, however, was of
short duration. The devoted couple was separated
by the death of the wife in 1801, and an only child,
a daughter, died before reaching maturity.

1 MS. Letter to Mr. Wirt.

2 Photogravure of the portrait is given in the Walter's Memorial of
the Washingtona.

522 PATRICK HENRY.

In the " happy valley " of the Staunton the retired
statesman felt nothing of the ennui which fell upon
Rasselas, the youthful prince of Abyssinia, but his
repose was disturbed by reports of violent political
factions, threatening the continuance of the Union ;
and he experienced a decided failure of his health in
1797.1

When Mr. Henry left public life, American pol
itics were on the eve of great disturbance from in
fluences originating in the terrible civil convulsions
in France.

The American Revolution, as we have seen, had
for its object the preservation of the political rights
of the colonies. Commencing in 1765, in their
resistance to the Stamp Act, it had moved with
steady step to its final consummation in the adop
tion of the Federal Constitution in 1788, and its
first amendments in 1791. The whole movement
had been eminently conservative and wise, following
the suggestion of Bacon, who says : " It were good
that men in their innovations, would follow the
example of time, which indeed innovateth greatly,
but quietly and by degrees."

A strong religious feeling pervaded the people,
restraining their passions and imparting wisdom to
their actions. The great and the good throughout
the world looked on in admiration, as they saw this
branch of the Anglo-Saxon race bravely winning,
and wisely securing, the liberty for which the world
had so long sighed.

Very different was the French Revolution which
began at the close of the American. The French
people were in a truly debased condition, the result

1 MS. Letter of Judge Roane to William Wirt.

IN PRIVATE LIFE. 523

of years of misrule by the predecessors of Louis
XVI. This young king was weak and irresolute,
" wavering cameleon-like, changing colour and pur
pose with the colour of his environment — good for
no kingly use." 1 The nobility were spell-bound by
the charm of caste, holding all the useful arts in
lofty contempt, and for the most part non-residents
on their property ; wasting in the dissipation of
Paris those means which should have been employed
in ministering to the comforts and happiness of
their dependents. The middle class and the peas
antry were full of discontent. The latter were
oppressed by the feudal services due to their su
periors, which kept most of them in extreme and
demoralizing poverty. The educated classes had
been corrupted by the infidel writings of Voltaire,
Rousseau, and the Encyclopaedists, who aimed to
strike down religion and social order, along with the
abuses practised in their name. The church and the
army shared in the general corruption and afforded
no check to the rising tide.

Such was the condition of France when the
American Revolution took place. The alliance be
tween the two countries introduced into the hoary
and decaying monarchy American ideas of civil
liberty, which at once put forth a vigorous growth.
This was greatly stimulated by the return of the
victorious army, enthused with American republican
ism. Soon the most radical propositions, fraught
with danger to monarchy, were openly discussed,
and generally advocated. The empty treasury of
the king forced him to call an assembly, and the
elections indicated the ferment in the public mind.

1 Carlyle.

524 PATRICK HENRY.

The people of the United States looked with the
keenest interest, and the warmest sympathy, upon
the development of their own cherished ideas on the
soil of their ally, not suspecting the volcano which
was kindling. It should be noted, however, that one
of the most distinguished of our citizens, Gouverneur
Morris, Minister to France, apprehended something
of the danger ahead. He wrote to Washington on
April 29, 1789, just before the meeting of the
States-General :

" The materials for a revolution in this country
are very indifferent. Everybody agrees that there
is an utter prostration of morals ; but this general
position can never convey to an American mind the
degree of depravity. It is not by any figure of
rhetoric, or force of language, that the idea can be
communicated. A hundred anecdotes and a hun
dred thousand examples are required to show the
extreme rottenness of every member. There are
men and women who are gentle and eminently vir
tuous. I have the pleasure to number many in my
own acquaintance. But they stand forward from a
background deeply and darkly shaded. It is how
ever from such crumbling matter that the great edi
fice of freedom is to be erected here. Perhaps like
the stratum of rock which is spread under the
whole surface of their country, it may harden when
exposed to the air ; but it seems quite as likely that
it will fall and crush the builders. I own to you
that I am not without such apprehensions, for there
is one fatal principle which pervades all ranks. It
is a perfect indifference to the violation of engage
ments. Inconstancy is so mingled in the blood,
marrow, and very essence of this people, that when
a man of high rank and importance laughs to-day
at what he seriously asserted yesterday, it is consid-

IN PRIVATE LIFE. 525

ered as in the natural order of things. Consistency
is a phenomenon. Judge then what would be the
value of an association, should such a thing be pro
posed, and even adopted. The great mass of com
mon people have no religion but their priests, no
law but their superiors, no morals but their interest.
These are the creatures who, led by drunken curates,
are now on the high road a la liberte"

Mr. Jefferson, who had been for some years pre
ceding Minister to France, whose mind was decid
edly radical in its character, and who had become
embued with French philosophy, took a different
view of the situation. On March 13, 1789, on the
eve of sailing for the United States, he wrote to
Count De Moustier, the French Minister to the
United States :

" The affairs of this country go on more auspi
ciously than the most sanguine could have expected.
The difficulties of procuring money, and of prevent
ing a bankruptcy, continue always at such a point
as to leave the administration no resource but that
of an appeal to the nation, and the nation, availing
itself of this advantageous position, presses on suf
ficiently to obtain reasonable concessions, and yet
not so much as to endanger an appeal to arms."

The meeting of the Assembly at once developed
the revolution which had been brooding. The spirit
it developed was that of indiscriminate warfare on
the past. Everything which had gone before,
whether sacred or profane, was to be destroyed, and
the future was to be a new creation. This prin
ciple was boldly proclaimed by M. Rabaud St.

1 Jefferson's Works, ii. , 588.

526 PATRICK HENRY.

Etienne, one of the presidents of the National As
sembly, who said :

" Tons les etablissemens en France couronnent

le malheur du peuple ; pour le rend/re heureux^ il

faut le renouveller ; changer ses idees / changer ses

loix / changer ses mceurs j changer les hommes /

changer les choses ; changer les mots ; tout detruire ;

ij tout detruire, puisque tout est a recreer."

After having swept away social and political
order with a besom of destruction, the revolutionists
lifted their impious hands against Deity itself.
They abolished Christian worship, and substituted
in its stead the so-called worship of reason. On
November 10, 1793, a beautiful woman of the town,
partially covered with white drapery, was carried at
the head of a procession to the venerable cathedral
of Notre Dame, to be adored as the goddess of rea
son, and there " beauty without modesty was seen
usurping the place of the Holy of Holies."

In 1792 monarchy was abolished, and on January
21, 1793, the king was put to death. The young
republic now turned with maniacal frenzy upon the
frowning monarchies of Europe, threatening to con
vert them by force into republics.

Lafayette, who had been a trusted leader in the
beginning, but who had attempted the vain task of
conducting the revolution with something of Amer
ican conservatism, was declared a traitor to his
country. He left the head of his army sent to at
tack the Austrians in the Netherlands, and threw
himself upon the generosity of his enemies, only to
be cast into prison.

IN PRIVATE LIFE. 527

In April, 1 793, the declaration of war by France
against England reached America. It created in
tense feeling. Sympathy for the young republic, and
gratitude for the great services rendered by France
on the one hand, and a deep resentment of the con
duct of Great Britain during and after the revolu
tionary struggle on- the other, produced a desire to
help France which could with difficulty be re
strained. Soon a disposition was seen to use Amer
ican ports for fitting out privateers to prey upon the
commerce of the belligerents. Washington, just en
tering upon his second term, wisely determined to
maintain the neutrality of the United States, however
general the war might be in Europe. In this he
was unanimously sustained by his cabinet, which
contained both Hamilton and Jefferson, the heads
of the now well-defined political parties. A procla
mation of neutrality was accordingly published,
April 22, 1793. Early in this month Genet arrived
at Charleston as the Minister of the French republic
to the United States. He was received with enthu
siasm, and at once commenced fitting out privateers,
commissioned to commit hostilities on nations with
whom the United States were at peace. On his way
to Philadelphia, the seat of government, he was
warmly welcomed by the people, and his ardent na
ture seems to have led him to believe that he could
control American politics in favor of the schemes of
France. When presented to the President he as
sured him, however, that France did not wish to en
gage the United States in her wars. Notwithstand
ing this assurance, and the proclamation of neutral
ity, Genet continued to fit out privateers which
made captures of British merchantmen. Of this,

528 PATRICK HENRY.

Hammond, the British Minister, properly com
plained, and Washington and his Cabinet, without
a dissenting voice, determined to prevent their re
currence. Communications were accordingly ad
dressed to the several State executives, requiring
their co-operation, with force if necessary, in the en
forcement of the rules adopted by the President.
The action of Washington gave Genet great offence,
and believing himself sustained by popular feeling,
he addressed the President in the most offensive
manner, complaining of his conduct, and charging
that it was a " violation of the ties which unite the
people of France and America," and contrary to the
wishes of the American people. The Administra
tion held its position with firmness and dignity, and
at once this new bone of contention was added to the
previous causes of difference between political par
ties. The Federalists took sides with the President,
while the Republicans mainly sided with the French
Minister. His warmest advocates were certain po
litical clubs, known as " Democratic Societies,"
which had been formed upon the plan of the Jaco
bin societies, under the direction of Genet, as was
charged. As these last had been the most efficient
agents in inflaming the passions of the French revo
lutionists and directing their course, so their Ameri
can imitators constituted themselves guardians of
American liberty, and sought to direct the conduct
of the American Government over the head of
Washington.

It will be remembered that during the American
Revolution, the compact known as the armed neu
trality was formed by certain nations of Europe,
under the lead of the Empress of Russia, by which

IN PRIVATE LIFE. 529

the doctrine that neutral bottoms should make free
goods was adopted. This had been embodied into
the commercial treaty between the United States
and France. It had never been admitted as binding
on England by her Government, which insisted on
the old doctrine. This subjected to capture the
goods of an enemy when found in the bottoms
of a neutral. British cruisers accordingly took
French property out of American vessels, and their
courts condemned it as lawful prize. The ac
quiescence of the Federal Executive in this expo
sition of the law of nations greatly enraged Genet,
and resulted in an insulting letter to the Secretary
of State. His conduct led to a request to his gov
ernment for his recall. He remained in the United
States, however, and attempted to organize two ex
peditions, one in Kentucky against New Orleans,
and the other in Georgia against Florida. These
were discovered and thwarted, and his immediate
dismissal was only prevented by news of his re
call.

The British Orders in Council of June 8, 1793,
directing the capture of all neutral vessels laden
with provisions bound for France, then threatened
with famine, and the orders of the French govern
ment soon afterward, directing the seizure and car
rying into France of all neutral vessels laden with
provisions bound for other countries, added to the
perplexities of the Administration. The British
Government, as if never satisfied in its irritating
policy, denied the right of expatriation, and claimed
and exercised the right of searching American ves
sels for sailors of English birth, and of impressing
them.

530 PATRICK HENRY.

In order to avoid the hostilities which were
likely to occur, John Jay, the Chief Justice of
the United States, was sent as Special Minister
to England, empowered to negotiate a treaty of
amity and commerce, and Colonel James Mon
roe, an adherent of Mr. Jefferson, and warm sym
pathizer with France, was appointed to succeed
Gouverneur Morris, who had become obnoxious to
the French.

Judge Jay's appointment was unfortunate, in that
he had already committed himself to the position that
the United States were guilty of the first infraction
of the treaty of 1783, on which ground the British
had withheld the western posts. Accordingly, in
the negotiations which followed he yielded much to
which the United States were entitled. The treaty
he effected was received in America in March, 1795,
and at once excited a bitter hostility. The Republi
cans denounced it as dictated by the English in
their own interest, and to the injury of France. It
was justly liable to the severest criticism. The
western posts, which should have been given up in
1783, were to be withheld till June, 1796, and no
compensation was allowed for their unlawful deten
tion. No remuneration was allowed for the prop
erty carried off by the British in contravention of
the treaty of 1783, while the United States were
to indemnify British creditors for losses occasioned
by legal impediments to the collection of their debts.
Ship timber, tar, hemp, sails, copper, and provisions
were declared contraband, greatly to the injury of
American commerce, and the principle was admitted
that a neutral flag does not protect the ship's
cargo. Nor was the right of search and impress-

IN PRIVATE LIFE. 531

ment abandoned, but left to be exercised as before.
As compensation for these great disadvantages,
provision was made for fixing the northern and
eastern boundary of the United States, and the
British ports were opened to American commerce,
which was secured in them now for the first time by
treaty.

When transmitted to the Senate this treaty re
ceived a bare constitutional vote, which was coupled
with a condition as to the modification of some of
its terms. Washington, however, after much hesi
tation, determined to affix his signature to it as it
was, without running the risk of further delay and
open hostilities with Great Britain.

When, after an interchange of ratifications, the
matter of voting the money necessary to carry it
into effect came up in the House of Representatives,
that body, under the lead of Mr. Madison, took the
position that it could control the treaty- ma king
power by refusing the necessary appropriation. It
called upon the Executive to furnish it with the
instructions given to Judge Jay, and the corre
spondence and other documents relative to the treaty.
This the President declined to do, on the ground
that the treaty-making power had been exclusively
vested by the Constitution in the President and the
Senate. On the receipt of this reply the House,
after a prolonged discussion, finally determined to
carry the treaty into effect.

Colonel Monroe, who had been enthusiastically
received, began to make considerable progress in
composing our difficulties with France, but the in
telligence of the treaty with Great Britain at once
put an end to his expectations, and he was soon re-

532 PATRICK HENRY.

called, and France entered upon a system of retalia
tory measures.

But the foreign relations of the United States
were not the only source of trouble to the Adminis
tration. At the earnest solicitation of Hamilton,
Congress had enacted in 1791 an excise law, taxing
domestic distilled spirits. The public dissatisfac
tion with it caused a modification at the next ses
sion, which did not however quiet the discontent.
This broke out, in the four counties of Pennsylvania
west of the Alleghany Mountains, into open resist
ance to the enforcement of the act, which was finally
suppressed in 1794, by a march to the scene of in
surrection of fifteen thousand militia, from New
Jersey, Pennsylvania, Maryland, and Virginia, under
General Henry Lee, Governor of Virginia. Hap
pily this show of force had the desired effect
without the shedding of blood. These disorders
Washington believed were encouraged by the
Democratic Societies, which seemed to be making
every effort to embarrass the Administration. Dur
ing this trying period the press was stimulating the
bitterest party feeling. Hamilton and Jefferson,
as the acknowledged leaders of the two parties,
were the chief objects of attack in their public and
private relations. But the Republican attacks upon
the Administration did not stop with the characters
of the Federal members ; they were aimed at the
venerated character of Washington himself, and
strange to say, some of the most violent appeared
in the columns of the National Gazette, edited by
Philip Freneau, a clerk in Mr. Jefferson's depart
ment.

The sympathy of Mr. Jefferson for the French

IN PRIVATE LIFE. 533

revolution was not cooled by its atrocities. On
January 3, 1793, we find him writing to William
Short, Minister to Holland :

uThe tone of your letters had for some time
given me pain, on account of the extreme warmth
with which they censured the proceedings of the
Jacobins of France. . . It was necessary to use
the arm of the people, a machine not quite so blind
as balls and bombs, but blind to a certain degree.
A few of their cordial friends met at their hands
the fate of enemies. But time and truth will rescue
and embalm their memories, while their posterity
will be enjoying that very liberty for which they
would never have hesitated to offer up their lives.
The liberty of the whole earth was depending on
the issue of the contest, and was ever such a prize
won with so little innocent blood ? My own affec
tions have been deeply wounded by some of the
martyrs to this cause, but rather than it should have
failed I would have seen half the earth desolated ;
were there but an Adam and Eve left in every
country, and left free, it would be better than it

now is." l

It was to be expected that with such feelings Mr.
Jefferson would not greatly censure the rioters in
Pennsylvania. Accordingly we find him sneering
at Washington's account of their suppression in his
speech to Congress in December, 1794. He writes
to Madison, concerning it :

" I expected to have seen some justification of
arming one part of the society against another, of
declaring a civil war the moment before the meet-

1 Randall's Jefferson, ii., 108.

534 PATRICK HENRY.

ing of that body which has the sole right of declar
ing war ; of being so patient of the kicks and scoffs
of our enemies, and rising at a feather against our
friends." 1

The opposition to Washington's administration
now led by Jefferson, openly sympathized with
those engaged in the whiskey insurrection, and it
was believed by Washington that it had been in
cited by the Democratic Clubs. That opposition
had hung upon, and, in every way in their power,
clogged the wheels of government, which they
charged was conducted in the interest of England
in her war with France. They openly espoused the
cause of France, and by the revolutionary methods
resorted to, seemed to threaten the country with
something of the anarchy which was cursing that
land. Such at least were the fears of Washington
and many others.

1 Jefferson's Works> iv., 112.

CHAPTER XLII.

COURTED BY POLITICAL PARTIES.— 1790-96.

Mr. Henry Better Satisfied with the Federal Government. — Supports
Washington's Policy of Neutrality. — Alarmed by the Excesses
of the French Revolution. — Reverence for Washington. — Atti
tude Toward Parties. — Correspondence Between Henry Lee
and Washington. — Washington Desires to Engage Mr. Henry
in the Service of the United States. — Part Taken in the Matter
by Governor Henry Lee. — Mr. Henry Offered a United States
Senatorship by Him. — Washington Offers Him the Mission to
Spain. — Mr. Jefferson Attempts to Attach Him to His Party
through Judge Archibald Stuart. — Renewed Friendship Be
tween Washington and Henry. — Washington Offers Him the
Secretaryship of State. — Important Letter on the Occasion.
— Mr. Henry's Letter Declining It. — John Marshall's Account
of the Matter. — Washington Offers Him the Chief Justice
ship. — Desires to Send Him as Minister to France upon the
Recall of James Monroe.

MR. HENRY, though in retirement, was a close ob
server of political events. He had been gratified
to find so many Federalists in the Legislature of
1790, openly disapproving of the grasp of power by
Congress under the direction of Hamilton ; and on
November 12, 1790, he had written to Robert
Walker, at Augusta, Georgia, " Truth obliges me to
declare that I perceive in the Federal characters I
converse with in this country an honest and patri
otic care of the general good." The adoption of
the first ten amendments to the Constitution, while
far from all he desired, had in a great measure
reconciled him to the new government. His venera-

536 PATRICK HENRY.

tion for Washington, because of his pure character
and great services, was not abated, although he was
led to believe that Washington's feelings toward
him had changed. This impression was confirmed
by a false report of Washington's remarks concern
ing him on passing through his county, in 1791,
on his return from his Southern tour. Mr. Henry
was told that he spoke of him as " a factious, sedi
tious character," and nothing could have wounded
him more deeply. Nevertheless he did not allow
his wounded feelings to affect his patriotism, and
when Washington's policy of neutrality was pro
claimed, he, together with Richard Henry Lee and
other Republicans, openly defended it. He had
been, in common with his countrymen, deeply in
terested in the success of the French Revolution in
its first stages. ,But he was too sagacious an ob
server of events to be long deluded by its false
promises. He drew back instinctively, and with
horror, from the fruition of French infidelity. Dur
ing the second trial of the British Debt cause, in May,
1793, he expressed his opinions upon the political
situation, which were soon after reported to Wash
ington by Edmund Randolph, who had been sent to
Richmond to ascertain the public feeling toward
the Administration. Randolph, wrote from that city,
June 24, 1793 :

" The late debates concerning British debts have
served to kindle a wide-spreading flame. The
debtors are associated with the anti-federalists and
the discontented federalists ; and the}7 range them
selves under the standard of Mr. Henry, whose
ascendency has risen to an immeasurable height.

COURTED BY POLITICAL PARTIES. 537

But I was happy to learn from Colonel Innes that
he has been loud in reprobating the decapitation of
the French king, and is a friend to peace and the
steps pursued for its security ; adding that nothing
would induce him to vote for war but the redemp
tion of the Marquis de La Fayette. He grows rich
every hour, and thus his motives to tranquillity
must be multiplying every day."1

It was doubtless these views which led Judge
Iredell, one of the judges, and a warm Federalist, to
write May 27, 1793:

" The great Patrick Henry is to speak to-day. 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."2

The following anecdote, preserved in the manu
script of David Meade Randolph, further illustrates
the regard shown by Mr. Henry to General Wash
ington at this exciting period, when it was too
much the habit of the Republicans to depreciate
him. Says this gentleman :

" The purity of Mr. Henry's republicanism was
shewn, when dining with his brother, Colonel John
Syme, at Rocky Mills, during a May session of the
Circuit Court, held by Judge Iredell, in Richmond.
The company was composed of very respectable
characters of both parties. i The people,' as the first
toast upon removing the cloth, was announced very

1 Edmund Randolph, by Conway, 153.

2 McKee's Life of Iredell, ii. , 394.

538 PATRICK HENRY.

audibly by the host. Mr. Henry, pushing his old
black wig aside, as was his custom when much ex
cited, and with his elbows akimbo, exclaimed,
' What, brother, not drink to General Washington
as we used to do ? For shame, brother ! for shame ! '
and filling up his glass with a bumper of Thomson's
Madeira, announced the name of WASHINGTON." 1

Although Mr. Henry's ascendancy over the anti-
Federalists in Virginia was greater than ever, his
anti-Federalism consisted in restricting the Federal
Government to its constitutional bounds. In this,
and in this only, he was a Republican. His sound
judgment and independent habit of thought kept
him from following the Republican party, in its ad
vocacy of the dangerous measures sought to be en
forced by the professed friends of the French Revo
lution. He was always ready to support the Gov
ernment in its legitimate powers, regarding it as the
choice of his countrymen ; and the declaration to
this effect, which he uttered in taking leave of the
Convention of 1788, he kept with the faith of true
patriotism. It was from a knowledge of this con
duct that General Henry Lee, now Governor of the
State, who knew Washington's determination to
keep aloof from party alliances, conceived the idea
of adding, if possible, the great influence of Mr.
Henry's name to the support of the Administration.
In the month of February, 1793, he was in Philadel
phia attending to the interest of the State in the
suit brought against her in the Supreme Court by
the Indiana Company. He thus had an opportu
nity of conversing freely with the President in ref-

1 Southern Literary Messenger, i., 332.

COURTED BY POLITICAL PARTIES. 539

erence to Mr. Henry, and found that he heartily
approved tendering him employment under the Fed
eral Government. The difficulty was in finding for
him an office of sufficient dignity in case he was wall
ing to serve at all. A seat on the Supreme Court
was determined on as the most suitable position,
and the one most likely to be accepted. When Gov
ernor Lee, on his return, spoke of the matter to Mr.
Henry, he found he had been deeply wounded at
the reported remarks of General Washington con
cerning him, in 1791, while passing through Prince
Edward. This Governor Lee related to Washing
ton in the following letter, which will be given en
tire, as it refers to the prevailing feeling in Virginia
as to the conduct of the Administration regarding
the whiskey insurrection, and to a reported remark
of Mr. Jefferson, who had resigned the office of
Secretary of State and retired to Monticello, and
because of its important bearing upon subsequent
events.

" RICHMOND, August 17, 1794.

(i MY DEAR SIR : Your late orders for a detach
ment of militia, and your proclamation, give birth
to a variety of sensations and opinions. All good
citizens deplore the events which have produced
this conduct on your part, and feel but one deter
mination, to maintain inviolate our happy govern
ment at the risk of their lives and fortunes. There
are some among us, from the influence of party
spirit, and from their own ambitious views, who
rejoice in national adversity, and gladden when they
hear of governmental embarrassments. I am grati
fied in telling you, that the great body of this state
will exert themselves in whatever way you may
direct to the utmost of their power ; and I am

540 PATRICK HENRY.

persuaded that you may count with certainty on
their zeal and determination. The awful occasion
demands united efforts, and I beg leave to offer to
you my services in any way or station you may
deem them proper.

" 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 con
fidentially 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, and that you expressed yourself
to this effect on your return from South Carolina,
in your journey through this state, as well as else
where. Assured in my own mind that his opinions
are groundless, I have uniformly combated them,
and lament that my endeavours have been unavail
ing.

u 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 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 will lead to a refutation
of the sentiments entertained by Mr. Henry. A
very respectable gentleman told me the other day,
that he was at Mr. Jefferson's, and among inquiries
which he made of that gentleman, he asked if it
were possible that you had attached yourself to
Great Britain, and if it could be true that you were
governed by British influence, as was reported by
many. He was answered in the following words :
' That there was no danger of your being biassed by
considerations of that sort, so long as you were in
fluenced by the wise advisers, or advice, which you

COURTED BY POLITICAL PARTIES. 541

at present had.' I requested him to reflect, and re
consider, and to repeat again the answer. He did
so, and adhered to every word.

" Now, as the conversation astonished me, and is
inexplicable to my mind, as well as derogatory to
your character, I consider it would be unworthy in
me to withhold the communication from you. To
no other person will it ever be made. Wishing you
every happiness,

" I am yours <fec.,

" HENRY LEE." 1

To this Washington replied :
(Private.)

" GERMAN-TOWN, August 26, 1794.

"DEAR SIK : Your favor of the 17th came duly
to hand, and I thank you for its communications.
As the insurgents in the western counties of this
State are resolved, as far as we have yet been able
to learn from the commissioners who have been
sent among them, to persevere in their rebellious
conduct until what they call the excise law is re
pealed, and acts of oblivion and amnesty are passed,
it gives me sincere consolation, amidst the regrets
with which I am filled by such lawless and outra
geous conduct, to find by your letter above mentioned,
that it is held in general detestation by the good
people of Virginia, and that you are disposed to
lend your personal aid to subdue this spirit, and to
bring those people to a proper sense of their duty.

" On this latter point 1 shall refer you to letters
from the war office, and to a private one from Col
onel Hamilton (who, in the absence of the Secretary
of War, superintends the military duties of that de
partment), for my sentiments on this occasion.

1 Writings of Washington, x.. 561.

542 PATRICK HENRY.

" It is with equal pride and satisfaction I add
that, as far as my information extends, this insur
rection is viewed with universal indignation and ab
horrence, except by those who have never missed
an opportunity by side blows or otherwise to attack
the general government ; and even among these
there is not a spirit hardy enough yet openly to jus
tify the daring infractions of law and order; but
by palliatives they are attempting to suspend all
proceedings against the insurgents, until Congress
shall have decided on the case, thereby intending to
gain time, and if possible to make the evil more ex
tensive, more formidable, and of course, more diffi
cult to counteract and subdue. I consider this
insurrection as the first formidable fruit of the dem
ocratic societies, brought forth, I believe, too prema
turely for their own views, which may contribute to
the annihilation of them.

"That these societies were instituted by the art
ful and designing members (many of their body I
have no doubt mean well, but know little of the
real plan) primarily to sow among the people the
seeds of jealousy and distrust of the government,
by destroying all confidence in the administration of
it ; and that these doctrines have been budding and
blowing ever since, is not new to any one who is
acquainted with the character of their leaders, and
has been attentive to their manoeuvres. I early gave
it as my opinion to the confidential characters
around me, that if these societies were not counter
acted (not by prosecutions, the ready way to make
them grow stronger), or did not fall into disesteem
from the knowledge of their origin, and the views
with which they had been instituted by their father,
Genet, for purposes well known to the government,
they would shake the government to its foundation.
Time and circumstances have confirmed me in this
opinion, and I deeply regret the probable conse-

COURTED BY POLITICAL PARTIES. 543

quences ; not as they will affect me personally, for
I have not long to act on this theatre, and sure I
am that not a man amongst them can be more
anxious to put me aside, than I am to sink into pro-
foundest retirement ; but because I see, under a dis
play of popular and fascinating guises, the most
diabolical attempts to destroy the best fabric of
human government and happiness that has ever
been presented for the acceptance of mankind.

" A part of the plan for creating discord is, I per
ceive, to make me say things of others, and others
of me, which have no foundation in truth. The
first, in many instances I 'know to be the case;
and the second I believe to be so. But truth or
falsehood is immaterial to them, provided the ob
jects are promoted.

"Under this head may be classed, I conceive, what
it is reported I have said of Mr. Henry, and what
Mr. Jefferson is reported to have said of me ; on
both of which, particularly the first, I mean to di
late a little. With solemn truth, then, I can declare
that I never expressed such sentiments of that gen
tleman as from your letter he has been led to be
lieve. I had heard, it is true, that he retained his
enmity to the constitution ; but with very peculiar
pleasure I learnt from Colonel Coles, who, I am
sure will recollect it, that Mr. Henry was acquies
cent in his conduct, and that, though he could not
give up his opinion respecting the constitution, yet
unless he should be called upon by official duty, he
would express no sentiment unfriendly to the exer
cise of the powers of a government which had been
chosen by a majority of the people, or words to
this effect.

" Except intimating in this conversation which,
to the best of my recollection, was introduced by
Coles, that report had made Mr. Henry speak a dif
ferent language ; and afterwards at Prince Edward

544 PATRICK HENRY.

Court House, where I saw Mr. Venable, and, find
ing I was within eight or ten miles of Mr. Henry's
seat, and expressing my regret at not seeing him,
the conversation might be similar to that held with
Colonel Coles ; I say, except in these two instances,
I do not recollect, nor do I believe, that in the
course of the journey to and from the southward, I
ever mentioned Mr. Henry's name in conjunction
with the constitution or the government. It is evi
dent, therefore, that these reports are propagated
with evil intentions, to create personal differences.
On the question of the constitution, Mr. Henry and
myself, it is well known, have been of different
opinions ; but personally I have always respected
and esteemed him ; nay, more, I have conceived my
self under obligations to him for the friendly man
ner in which he transmitted to me some insidious
anonymous writings that were sent to him in the
close of the year 1777, with a view to embark him
in the opposition that was forming against me at
that time.

" I well recollect the conversations you allude to
in the winter preceding the last, and I recollect
also, that difficulties occurred which you, any more
than myself, were not able to remove. First,
though you believed, yet you would not undertake
to assert that Mr. Henry would be induced to ac
cept any appointment under the general govern
ment ; in which case, and supposing him to be inim
ical to it, the wound the government would receive
by his refusal, and the charge of attempting to
silence his opposition by a place, would be great.
Secondly, because you were of opinion that no office
which would make a residence at the seat of gov
ernment essential, would comport with his position
or views. And thirdly, because, if there was a va
cancy in the supreme judiciary at that time, of
which I am not at this time certain, it could not be

COURTED BY POLITICAL PARTIES. 545

filled from Virginia without giving two judges to
that state, which would have excited unpleasant
sensations in other States. Anything short of one of
the great offices it could not be presumed he would
accept, nor would there, under any opinion he might
entertain, have been propriety in. What is it then
you have in contemplation, that you conceived
would be relished ? And ought there not to be a
moral certainty of its acceptance ? This being the
case, there would not be wanting a disposition on
my part, but strong inducements on public and pri
vate grounds, to invite Mr. Henry, into any employ
ment under the general government to which his
inclination might lead, and not opposed by those
maxims which have been the invariable rule of my
conduct.

" With respect to the words said to have been
uttered by Mr. Jefferson, they would be enigmatical
to those who are acquainted with the characters
about me, unless supposed to be spoken ironically ;
and in that case they are too injurious to me, and
have too little foundation in truth, to be ascribed
to him. There could not be the trace of doubt on
his mind of predilection in mine toward Great
Britain or her politics, unless, which I do not be
lieve, he has set me down as one of the most deceit
ful and uncandid men living; because, not only
in private conversations between ourselves on this
subject, but in my meetings with the confidential
servants of the public, he has heard me often, when
occasions presented themselves, express very differ
ent sentiments with an energy that could not be
mistaken by anyone present. Having determined,
as far as lay within the power of the executive, to
keep this country in a state of neutrality, I have
made my public conduct accord with the system ;
and whilst so acting as a public character, consist
ency and propriety as a private man forbid those

546 PATRICK HENRY.

intemperate expressions in favor of one nation, or to
the prejudice of another, which many have indulged
themselves in, and I will venture to add, to the em
barrassment of government, without producing any
good to the country.

" With very great esteem and regard,
" I am dear Sir yours, <fec.

" GEORGE WASHINGTON." l

Just before addressing General Washington the
foregoing letter, Governor Lee had an opportunity
of offering Mr. Henry a seat in the United States
Senate. Colonel Monroe resigned his seat in order
to accept the mission to France, and thereupon the
Governor and Council appointed Mr. Henry to fill
the vacancy. In transmitting the appointment, Gov
ernor Lee wrote the following graceful letter :

" RICHMOND, July 11th, 1794.

" SIR : With satisfaction as lively as it is sincere,
I do myself the honor to transmit to you the en
closed testimonial of the constant and affectionate
confidence which our country feels towards you.

" Honorable as is this disposition to yourself, it is
not less so to the commonwealth, in as much as it
undeniably manifests that signal talents and signal
virtues, however concealed by retirement, command
among us the highest distinction.

" With reluctance have we interrupted you in
your happy retreat, but this reluctance has yielded
to a sense 01 duty and to our conviction of your
preferential love of country.

" It is not improbable, but that concerns of the
highest national magnitude may engage the atten
tion of the Senate before the meeting of Congress.

" In this event we particularly wish the aid of

1 Writings of Washington, x. , 428.

COURTED BY POLITICAL PARTIES. 547

your council, and flatter ourselves that, should you
consider it inconvenient hereafter to continue in the
station to which you are called, you will neverthe
less hold the same for the present.

" I have the honor to be, Sir, with sentiments of
most perfect respect &> regard,

" Your friend & Hble Serv*

" HENRY LEE.

"P. HENRY, ESQ."

.^i*-~~~~.

Mr. Henry declined this appointment in the fol
lowing letter :

"LONG ISLAND, July 14th, 1794.

" SIR : Last night I was honor' d by the Receipt
of your Excellency's Despatch by the Express, with
your appointment to a seat in the Senate of the
United States, vacated by the Resignation of Mr.
Monroe.

" It gives me great pain to declare that existing
circumstances compel me to decline this appoint
ment, so honorable at all Times, but rendered more
particularly so by the manner in which you are
pleased to communicate it to me. I should be
greatly wanting on this occasion if I failed to ex
press the highest sense of this unmerited Honor ; <fe
I am comforted by a Reliance, that the same good
ness that dictated the appointment, will admit my
apology for declining it, as arising from my Time
of life — combined with the great Distance to Phila
delphia.

" I want Words to express my gratitude for the
favorable Sentiments you are pleased to entertain
for me ; &> I have only to regret the want of ability
for those Exertions which the arduous situation of
affairs calls for.

" In my Retirement I shall not cease to pray for
the prosperity of our united country, & to retain

548 PATRICK HENRY.

the highly pleasing impression which your Ex
cellency's Goodness gives me, & shall rejoice in
every opportunity to testify how much I ever am,
Sir,

" Your Excellency's most obedient

" and obliged h'ble Servant,

"P. HENRY.

"His Excel? GovB LEE."

Washington now offered him the mission to
Spain, intended to secure the free navigation of the
Mississippi. This was a tribute not only to Mr.
Henry's abilities, but to his superior statesmanship,
which had so early recognized and so persistently
urged the importance to the United States of this
river, and the right to its free navigation. No ap
pointment could have been more gratifying to him.
But the consciousness of failing health, and the ne
cessity of putting his affairs in order, constrained
him to reply in the following letter :

" CAMPBELL COUNTY in Vmaa Sept. 14th, 1794.

" SIR : I was this day honored by the receipt of
your favor signifying the wish of the president of
the United States that I should act in the character
of envoy extraordinary to the Court of Madrid on
the business of the Mississippi Navigation.

" And altho' it would be highly gratifying to me
on all occasions to further the president's views, yet
in this instance I am constrained from a variety of
considerations to decline the appointment. The im
portance of the negotiation, <fe its probable length
in a country so distant, are difficulties not easy to
reconcile to one at my time of life. — But to these
are added others which leave me no room to hesi
tate.

"Whilst I sincerely regret the causes which com-

COURTED BY POLITICAL PARTIES. 549

pel me to decline the Honor intended me, I cannot
forbear to express my highest obligations to the
president for his favorable sentiments. And I beg
of you sir, to be pleased to present me to him in
terms of the most perfect respect and duty.

" I have the honor to be, sir,
" Your most obedient and very humble servant,

" P. HENRY.

" HONBLE ED(I RANDOLPH,

" Secretary of State."

Thomas Pinckney was appointed in Mr. Henry's
stead, and concluded a treaty in which the claims
of the United States as to boundary and the free
navigation of the Mississippi were fully conceded.1

Before Governor Lee communicated to Mr. Henry
the contents of General Washington's letter of Au
gust 26, the contest between the political parties
had become very heated, and each deemed it of
great importance to secure the weight of Mr. Hen
ry's name. Mr. Jefferson, who was the acknowl
edged leader of the Republican party, had never been
on cordial terms with him since 1781, when, with
Mr. Nicholas, Mr. Henry urged an inquiry into his
conduct as governor. He knew too that Mr. Henry
disapproved of the French infidelity which, it was
reported, he had brought back from France. It had
been told him also that his French cookery at Monti-
cello had excited Mr. Henry's keen humor, and
that he had been heard to say that he " did not ap
prove of gentlemen abjuring their native victuals."2
The first step therefore was to regain Mr. Henry's
personal friendship. Accordingly Mr. Jefferson

1 Marshall's Washington, v. , 541.
3 Randall's Jefferson, iii., 508.

550 PATRICK HENRY.

wrote, April 18, 1795, from Monticello concerning
him, to Archibald Stuart, their mutual friend :

" With respect to the gentleman we expected to
meet there (Bedford Court), satisfy him, if you
please, that there is no remains of disagreeable sen
timent towards him on my part. I was once sin
cerely affectioned towards him, and it accords with
my philosophy to encourage the tranquillizing pas

sions." 1

Of the result of this message we have no informa
tion. That Mr. Henry, if he received it, responded
as became a Christian gentleman, cannot be doubted,
but no arts of Mr. Jefferson, or of his followers,
could blind him to the wickedness of the French
Revolution, or to the tendency to anarchy which its
doctrines were developing in the United States.

When therefore Governor Lee sent him the por
tion of Washington's letter relating to him, it called
forth the following noble reply :

" RED HILL, June 27, 1795.

"MyDEAKSiR: Your very friendly communica
tion 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 corre
spondence, is highly flattering indeed. The Ameri
can revolution was the grand operation, which
seemed to be assigned by the Deity to the men of

1 MS. in possession of Honorable A. H. H. Stuart, son of Judge Archi
bald Stuart.

COURTED BY POLITICAL PARTIES. 551

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 entrusted its favorite work.
With this impression, it was impossible for me to
resist the impulse I felt to contribute my mite
toward 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 includ
ing him who stood foremost in its establishment.

u 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 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 ad
herence to the principles of it. And I have the sat
isfaction 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 a while, 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.

u My present views are to spend my days in pri-

552 PATRICK HENRY.

vacy. 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 fa
vorable sentiments towards me.

" Be assured, my dear Sir, of the esteem and re
gard with which I am yours, &c.,

"PATRICK HENRY.
" To GOVERNOR HENRY LEE."

This letter Governor Lee sent to the President
with the following from himself :

" ALEXANDRIA, 17 July, 1795.

" MY DEAR SIR : It was a long time before I had
an opportunity of making known to Mr. Henry the
purport of that part of your letter to me which
concerns him. But very lately have I received his
reply, which I beg leave to inclose for your perusal.

" I am very confident that Mr. Henry possesses the
highest and truest regard for you, and that he contin
ues friendly to the general government, notwithstand
ing the unwearied efforts applied for the end of unit
ing him to the opposition ; and I must think he would
be an important official acquisition to the government.

" I hear you will be at home in the course of next
week, and would with great pleasure wait and see
you, if I could possibly do so. Before your return
I certainly will do myself that honor, in the mean
time I beg your acceptance of my best wishes, and
I remain, with unalterable respect and regard,
" your obedient servant,

" HENRY LEE.

" To the PRESIDENT OP THE U. S."

COURTED BY POLITICAL PARTIES. 553

It was not long before a way was opened for
Washington to invite Mr. Henry to a seat in his
Cabinet. An intercepted letter of Fauchet, the suc
cessor of Genet, which, as translated to Washing
ton, raised a suspicion of the integrity and fidel
ity of Edmund Randolph, the Secretary of State,
caused the resignation of that officer, August 19,
1795.1 During the same month Mr. Bradford, the
Attorney General, died. Washington had great dif
ficulty in filling these responsible offices with men
of first-rate abilities, and the increasing difficulties
of his administration required the aid of such. He
desired to call Mr. Henry to the position of Sec
retary of State at once, but being in doubt as to
his willingness to accept it, and fearing he might
be suspected of trying to buy his support by the
offer, he tendered the place to Judge Patterson,
Mr. Johnson, of Maryland, and Charles Cotesworth
Piuckney, of South Carolina, successively, who all
declined it. He tendered the position of Attorney-
General to John Marshall, who also declined, and
then his desire was to offer it to Colonel Innes, of .
whose fitness however he was not fully assured. ^^J

His difficulty about Mr. Henry was somewhat re
moved by a conversation with General Henry Lee,
who had seen a good deal of him in some business
transactions, and who believed that Mr. Henry was
so aroused to the danger now threatening the coun
try that he would not refuse to obey Washington's
call to his Cabinet. Two Cabinet officers could not
be properly selected from Virginia, and already Gen
eral Edward Carrington had been written to confi-

dentially in reference to Colonel Innes, and had

1 See vindication of Mr. Randolph in his Life by Moncure D. Conway.

554 PATRICK HENRY.

promised to make tbe necessary inquiries concern
ing him.

In this situation of affairs Washington wrote an
offer to Mr. Henry of the Secretaryship of State,
and enclosed it to General Carrington with the fol
lowing letter :

(Private and Confidential.)

" MOUNT VERNON, 9 October, 1795.

" Your letter of the 2d instant came duly to
hand, and I shall wait the result of the proposed in
quiries.

" One request frequently begets another, and that
is the case at present. You know full well that
the office of state is vacant, but you may not know
that I find difficulty in filling it. In the appoint
ments to the great offices of the government, my
aim has been to combine geographical situation, and
sometimes other considerations, with abilities and
fitness of known characters. In pursuance of this
system, I have tried to bring Judge Patterson, Mr.
Johnson, of Maryland, and Charles Cotesworth
Pinckney, of South Carolina into this office, but they
have all declined ; the last by the post of Wednes
day. I would have made an offer of it to Mr. Hen
ry in the first instance, but two reasons were op
posed to it ; first ignorance of his political senti
ments, for I should consider it an act of government
al suicide to bring a man into so high an office who
was unfriendly to the constitution and laws, which
are to be his guide ; and, secondly, because I had no
idea that he would accept the office, until General
(late Governor) Lee gave some reasons which have
induced me in a degree to draw a different conclu
sion, he having assured me at the same time, that he
believed Mr. Henry's sentiments relative to the con-

COURTED BY POLITICAL PARTIES. 555

stitution were changed, and that his opinion of the
government was friendly. Of these matters, how
ever, so important in their nature, I wish to learn
the opinion of others. And of whom can I inquire,
more likely to know than yourself ? Let me then
come to the point. If in the opinion of yourself
and General Marshall, Colonel Innes is a fit char
acter to be the Attorney-General of the United
States, will accept the office, and enter upon the
duties of it without delay, no application is to be
made to Mr. Henry, be his sentiments what they
may. If on the contrary, that event does not take
place, I impose upon you the task, and pray you to
have the goodness to forward the enclosed letter to
him by express (the cost of which I will pay), pro
vided you accord in sentiment with General Lee,
with respect to the political opinions of that gentle
man, and have reason to believe that he has ex
pressed no opinions adverse to the treaty with
Great Britain, but is disposed to the adoption of it ;
for otherwise, it would place both him and me in
embarrassed situations.

" From the instances which have fallen within
your own knowledge, you can form some idea of
the difficulties I experience in finding out, and pre
vailing upon, fit characters to fill offices of impor
tance. In the case before us, I am sensible that I am
imposing a delicate task upon you ; but from the
peculiar circumstances thereof, it is in some measure
a necessary one ; and, having a high opinion of
General Marshall's honor, prudence, and judgment,
I consent to your consulting him on this occasion,
as you did in the case of Colonel Innes.

" I have, I must confess, but little expectation that
Mr. Henry will accept the offer of it, if it gets to
him, and therefore I must look forward to the con
sequence of his refusal. Let me ask, therefore, if
another trial should be made, and a refusal ensue,

556 PATRICK HENRY.

and ultimately it should be found eligible to remove
the present Secretary of War to the office of State,
if it should be agreeable to himself, would you fill
his place as Secretary of War ?

" You will, my dear Sir, perceive, that the whole
of this letter is perfectly confidential, written per
haps with more candor than prudence ; but I rely
on your goodness and prudence to appreciate my
motives. My letter to Mr. Henry is left open for
your perusal, that the whole may be before you. If
it goes forward, seal it ; if not, return it to, dear
Sir, your friend, &c.,

" GEO. WASHINGTON." l

Upon consultation with General Marshall, Gen
eral Carrington agreed with him that the letter to
Mr. Henry should be forwarded at once, and before
any communication with Colonel Innes.2 It was as
follows :

"MOUNT VERNON, October 9, 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 va
cant ; and no one can be more sensible, than your
self, 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 in
form 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.

1 Writings of Washington, xi., 78.

2 The letter of Edward Carringtou to Washington in reply is given by
Sparks, xi., 80, and is of great interest as showing the importance at
tached to Mr. Henry's support of the Administration.

COURTED BY POLITICAL PARTIES. 557

" I need scarcely add, that if this appointment
could be made to comport with your own inclina
tion, it would be as pleasing to me, as I believe it
would be acceptable to the public. With this as
surance, 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 suf
fering for want of a Secretary.

" I persuade myself, Sir, it has not escaped your
observation, that a crisis is approaching, that must,
if it cannot be arrested, soon decide whether order
and good government shall be preserved, or anarchy
and confusion ensue. I can most religiously aver I
have no wish that is incompatible with the dignity,
happiness, and true interest of the people of this
country. My ardent desire is, and my aim has
been, as far as depended upon the executive depart
ment, to comply strictly with all our engagements,
foreign and domestic ; but to keep the United
States free from political connections with every
other country, to see them independent of all and
under the influence of none. In a word, I want an
American character, that the powers of Europe
may be convinced we act for ourselves, and not for
others. This in my judgment is the only way to be
respected abroad and happy at home ; and not by
becoming the partisans of Great Britain or France,
create dissensions, disturb the public tranquillity,
and destroy, perhaps forever, the cement which
binds the union.

" I am satisfied these sentiments cannot be other
wise than congenial to your own. Your aid there
fore in carrying them into effect would be flattering
and pleasing to, dear Sir, &c.,

" GEO. WASHINGTON.

41 To PATRICK HENRY, ESQ."

558 PATRICK HENRY.

To this letter Mr. Henry at once replied as fol
lows : 1

" LONG ISLAND, CAMPBELL COUNTY, October 16th, 1795.

" HONORED SIR : Your favor of the 9th Ins*, is at
this moment brought to me by an express from
Richmond. The contents of it make a deep impres
sion on my mind. To disobey the call of my Coun
try into Service when her venerable chief makes
the demand of it must be a crime, unless the most
substantial reasons justify declining it, and I must
trust in your goodness and candor to excuse me for
not accepting the appointment you are pleased to
offer me. My domestic situation pleads strongly
against a removal to Philadelphia, having no less
than eight children by my present marriage, and
Mrs. Henry's situation now forbidding her approach
to the small pox, which neither herself nor any of
our Family ever had. To this may be added other
considerations arising from loss of Crops and con
sequent derangement of my Finances — and what is
of decisive weight with me, my own health and
strength I believe are unequal to the dutys of the
station you are pleased to offer me. This detail,
composed so much of particulars uninteresting to
the public, I am emboldened to lay before you, from
the very friendly and unreserved sentiments you are
pleased to express towards me. Permit me to add,
that having devoted many years of the prime of my
life to the public service and thereby injured my
circumstances, I have been obliged to resume my
profession and go again to the Bar, at a time of life
too advanced to support the fatigues of it. By this
means my health has been injured. When these
things are considered, may I hope for your favora
ble judgement on the motives by which I am actu
ated ? Believe me, Sir, I have bid adieu to the dis-

1 A copy of this reply is found among his papers, though the letter is
not with the Washington papers, according to Sparks.

COURTED BY POLITICAL PARTIES. 559

tinction of federal and antifederal ever since the
commencement of the present government, and in
the circle of my friends have often expressed my
fears of disunion amongst the States from collision
of interests, hut especially from the baneful effects
of faction. The most I can say is, that if my Coun
try is destined in my day to encounter the horrors
of anarchy, every power of mind or body which I
possess will be exerted in support of the government
under which I live, and which has been fairly sanc
tioned by my countrymen. I should be unworthy
the character of a republican or an honest man, if I
withheld from the government my best and most
zealous efforts because in its adoption I opposed it
in its unamended form. And I do most cordially
execrate the conduct of those men who lose sight of
the public interest from personal motives. It is
with painful regret that I perceive any occurrences
of late have given you uneasiness. Indeed, Sir, I
did hope and pray that it might be your lot to feel
as small a portion of that, as the most favored
condition of humanity can experience — and if it
eventually comes to pass that evil instead of good
grows out of the public measures you may adopt, I
confide that our Country will not so far depart from
her character as to judge from the events, but give
full credit to the motives, and decide from these
alone. Forgive, Sir, these effusions, and permit me
to add to them one more, which is an ardent wish
that the best rewards which are due to a well spent
life may be yours. With the most sincere esteem
and high regard I ever am, dear Sir, your much
obliged and very humble servant,

" P. HENRY.

" To the PRESIDENT OF THE UNITED STATES."

The delicate allusion to the British treaty in Mr.
Henry's letter was recognized at once by General

560 PATRICK HENRY.

Carrington, who in transmitting the reply, wrote
for himself and John Marshall :

" It gives us pleasure to find that, though Mr.
Henry is rather to be understood as probably not
an approver of the treaty, his conduct and senti
ments generally, both as to government and yourself,
are such as we calculated on, and that he received
your letter with impressions which assure us of his
discountenancing calumny and disorder of every
description.'

•>•> i

As John Marshall was prominent in this offer to
Mr. Henry, it is interesting to note his account of
it in his "Life of Washington." Speaking of the va
cancy created by the resignation of Edmund Ran
dolph he says :

" This place was offered to Mr. Henry, a gentle
man of eminent talents, great influence, and most
commanding eloquence. He had led the opposition
to the constitution in Virginia, but after its adop
tion his hostility had in some measure subsided. He
was truly the personal friend of the president, and
had lately manifested a temper not inimical to the
administration. The chief magistrate was anxious
to engage him in the public service, but was aware
of the embarrassments which must result from plac
ing in so confidential a station a person whose opin
ions might lead him to thwart every measure of the
executive. It was therefore necessary to come to
some explanation with Mr. Henry on this subject,
and the letter which invited him into the depart
ment of State, opened the way for this explanation
by stating truly the views and character of the ad
ministration.1" 2

1 Writings of Washington, xi., 83. 2 Note xviii., vol. v.

COURTED BY POLITICAL PARTIES. 561

Before this offer General Lee had attempted to
draw from Mr. Henry a promise to enter the service
of the Administration, and had suggested the proba
bility of a call to the office of Chief Justice, as it
was believed that the Senate would refuse to con
firm the nomination of John Rutledge to that high
office, made vacant by the resignation of John Jay.
Rutledge had taken part in a public meeting in
Charleston which had denounced the British treaty,
and had thus offended the Federalists of the Senate.
General Lee thereupon wrote Mr. Henry :

"DBABSlB:

" I set out in a few days for Phila. where I wish
to do whatever I can for you. If you have any
business write to me by post. The political fever
has much abated, the people everywhere begin to
understand the views of faction and obey their
government. What a happy crisis for you to come
forward. Certain I am that you would have been
long ago called to high office, if men pretending to
know your sentiments and wishing to withhold your
weight from administration, had not constantly de
clared your unwillingness to accept.

" Pray tell me as your friend, whether I may
contradict, if I find a proper occasion, this opinion
where the contradiction may lead to serve you.

" I think Mr. Rutledge' s late appointment will
probably be dissented to on the part of the Senate.

"That office exactly suits you, and I always
wished to see you fill it. Be unreserved and decid
ed in your reply — I will instantly commit the letr
to flames, <fe use its purport only for your favor and
the public good. God bless you.

" Yours ever,

" To PATRICK HENRY, ESQ." " H. LEE.

i MS.

562 PATRICK HENRY.

Mr. Henry was unwilling to commit himself in
reference to an office not yet tendered him, and in
the meantime the rumor of his declining the Secre
taryship of State had gone abroad and given rise to
false impressions. On December 17, 1795, General
Lee wrote him from Richmond :

" MY DEAR SIB :

"I found here your answer to my last two letters,
but have never till now found an opportunity of
writing to you.

" Many things are said by your intimate acquaint
ances which very much hurt my feelings, and do no
honor to your character. They tend to represent
you as an enemy to the G. Gov1 and its administra
tion, and indifferent to the President, to say the
least.

" One falsehood among others of this sort is, that
in your answer to him about the State department
you advised him to return home, as a man of sixty-
four was unfit for the duties of his arduous station.
A letter from you on this subject fit for the press
I would, with your leave, publish to do away these
untruths.

" You never have told me what you would do if
a vacancy in the Chief Justice's place should hap
pen, and I really hoped you would have expressed
to me unequivocally your mind, as I should have
only used it for your own and the public good.
" Yours always & aff'y,

" H. LEE." l

At the time this letter was written the Senate
had actually refused to confirm Rutledge's appoint
ment, and that bright intellect had suffered an

'MS.

COURTED BY POLITICAL PARTIES. 563

eclipse during a spell of sickness which rendered
the short remnant of his life a blank.

Upon his rejection by the Senate, the President
desired General Lee to tender the office to Mr.
Henry, if he found him willing to accept it. There
upon General Lee wrote him as follows :

" December 26, 1795.

" MY DEAR SIR : I wrote to you the other day
by Mr. Call — To this letter no reply. Since which
I have heard from Mr. Kelly at New York.

" The land-jobbers have given him much trouble

—they have taken up the land you and he own, and

he is put to vast expense in resurveying it— this

business really requires us to meet — I wish you

would ride here.

" Essential as I deem this communication to be,
I should not have sent purposely to you, was it not
necessary for me to know your mind on a confi
dential subject.

"The Senate have disagreed to the President's
nomination of Mr. Rutledge, and a vacancy in that
important office has taken place — For your coun
try'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 that I
would not address you on such a subject without
good grounds.

" Surely no situation better suits an individual
than that will you — you continue at home only1
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. Your most ob* Sevt.

"H. LEE.

" PATRICK HENRY, ESQ., Long Island."
1 Except.

564 PATRICK HENRY.

On the same day General Lee wrote to the Pres
ident, informing him of his letter to Mr. Henry ;
and after waiting for two weeks, Washington wrote
as follows, to learn the result.

"Jan'yll*, 1796.

" 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.

" To GENL. HENRY LEE." l

No letter of Mr. Henry to General Lee in reply
to the communication of December 26, is known to
exist, and as Mr. Henry was urged in it to come to
Richmond to attend to other business of importance,
it is probable that he did so and declined verbally
the honor offered him through General Lee.

As the effort has been made to depreciate Mr.
Henry's learning as a lawyer, we can but be struck
with this overwhelming proof of his high standing
in his profession. The design of Washington to
place him in the Supreme Court, indicated by his
correspondence with Henry Lee as having been
formed in the winter of 1792-3, and the final offer

1 Observations on the Writings of Thos. Jefferson by Henry Lee, p.
116.

COURTED BY POLITICAL PARTIES. 565

to Mr. Henry of the position of Chief Justice in the
winter of 1795-6, are sufficient to establish the fact
that he had won a position in the foremost rank of
his profession as a lawyer, as well as an advocate.
This reply of Mr. Henry prevented, a little later,
another expression of confidence in Mr. Henry's
character and of appreciation of his capacity in the
field of negotiation, by Washington. He had de
termined to recall Colonel Monroe from France, and
he would have nominated Mr. Henry as his suc
cessor at that court, but for the fact that he knew
he would not accept the position. This appears in
his letter to Timothy Pickering, Secretary of State,
July 8, 1796.1

1 Writings of Washington, xi., 141.

CHAPTER XLIII

KENTUCKY AND VIEGINIA KESOLUTIONS OF 1798.—

1796-98.

Republican Attacks upon Washington. — Forged Letters. — Betrayal
of a Cabinet Paper.— Letter of Mr. Henry to Mrs. Aylett.— Mr.
Jefferson's Misrepresentation of Washington and Henry. — Mr.
Henry Elected Governor the Sixth Time. — Letter Declining the
Office. — His Political Consistency. — Eeligious Character. — Pre
dicts Result of the French Revolution. — John Adams Elected
President. — Relations to Jefferson. — Letter of Jefferson to
Philip Mazzei. — Irritating Policy of France. — Failure of the
Mission of Pinckney, Marshall, and Gerry. — Preparations for
War. — Alien and Sedition laws. — Kentucky and Virginia Resolu
tions. — Mr. Henry Disapproves of Them. — Advocates the Elec
tion of John Marshall and Henry Lee to Congress. — Letter to
Archibald Blair.

THE effort of the Republican majority in the
House of Representatives, in 1796, to prevent Jay's
treaty from being carried into effect, was a fair in
dication of the temper of that party. Attaching to
Washington the blame for the execution of the
treaty, he was openly and bitterly attacked in Re
publican papers, and charged with insincerity in
his professed friendliness to France in her struggle
for republican government. As evidence of Washing
ton's perfidy a batch of forged letters, purporting to
have been written by him in 1776, were republished.
These, which were first published in 1777, were de
signed to break down his influence in the revolu
tionary contest, by attributing to him political senti
ments favorable to Great Britain, and jealousies of

KENTUCKY AND VIRGINIA. 567

his fellow-patriots. They were skilfully inter
spersed with domestic incidents which gave them
a semblance of truth, but the forgery was shown in
the effort of the author to account for their posses
sion, in which he stated what was known to be
false. One of these letters, dated July 22, 1776,
and addressed to Lund Washington, the manager
at Mount Vernon, contained severe reflections upon
Mr. Henry. On leaving the Presidency Washing
ton made a list of them and asked that his denial
of their authorship be preserved in the State de
partment.1

Another publication by his enemies gave him
great annoyance, as it showed that some member of
his Cabinet had betrayed State secrets. This was
the paper in the shape of queries, addressed to the
several members of his Cabinet, asking their advice
as to the proper conduct of the Administration on
the breaking out of the war between France and
England. This was claimed in the Republican
press to be conclusive evidence of his unfriendliness
to France. Mr. Jefferson, upon seeing the paper in
print, in order to clear his skirts, wrote to Washing
ton, declaring in the most solemn manner that it
had not been divulged by him. Washington's re
ply indicates his sensitiveness under the indecent
attacks made upon him. He complains that

" While I was using nay utmost exertions to estab
lish a national character of our own, independent as
far as our obligations and justice would permit, of
every nation on earth ; and wished by steering a

1 Writings of Washington, xi., 192. These letters have been lately re-
published as spurious by Worthington C. Ford.

568 PATRICK HENRY.

steady course to preserve this country from the hor
rors of a desolating war, I should be accused of be
ing the enemy of one nation and subject to the in
fluence of another ; and to prove it, that every act
of my administration should be tortured, and the
grossest and most insidious misrepresentations of
them be made, by giving one side only of a subject,
and that too in such exaggerated and indecent terms
as could scarcely be applied to a Nero — to a notori
ous defaulter — or even to a common pickpocket.7'1

This abuse of Washington was most painful to
Mr. Henry, and he did not hesitate to express his
condemnation of it, and of the action of Mr. Madi
son and the other Republican leaders in attempting
to defeat through the House of Representatives the
treaty already ratified by the United States and
Great Britain.

His conversation, while on a visit to Richmond in
the summer of 1796, was seized upon as evidence of
a change in his political sentiments, and was colored
to suit party purposes. This was reported to him
by his daughter, Mrs. Aylett, and it called forth the
following interesting and beautiful letter to her :

" RED HILL, August 20th, 1796.

u MY DEAR BETSY : Mr. William Aylett's arrival
here, with your letter, gave me the pleasure of hear
ing of your welfare, and to hear of that is highly
gratifying to me, as 1 so seldom see you." [The
rest of this paragraph relates to family affairs.]

" As to the reports you have heard of my chang
ing sides in politics, 1 can only say they are not
true. I am too old to exchange my former opin
ions, which have grown up into fixed habits of

1 Writings of Washington, xi., 139.

KENTUCKY AND VIRGINIA. 569

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. This must have been the consequence, I
think ; but the reasons for thinking so are too tedi
ous to trouble you with. The treaty is, in my opin
ion, 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 prop
erly 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 ; but sure I am, my first principle
is, that from the British we have everything to
dread, when opportunities of oppressing us shall
offer. It seems that every word was watched
which I casually dropped, and wrested to answer'
party views. Who can have been so meanly em
ployed, I know not — nor 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 un
looked-for circumstance shall demand from me a
transient effort, not inconsistent with private life —
in which I have determined to continue. I see with
concern our old commander-in-chief most abusively
treated — nor are his long and great services remem
bered, as any apology for his mistakes in an office
to which he was totally unaccustomed. If he,
whose character as our leader during the whole war
was above all praise, is so roughly handled in his

570 PATRICK HENRY.

old age, what may be expected by rnen of the com
mon standard of character ? I ever wished he
might keep himself clear of the office he bears, and
its attendant difficulties — but I am sorry to see the
gross abuse which is published of him. Thus, my
^dear daughter, have I pestered you with a long let
ter on politics, which is a subject little interesting
to you, except as it may involve my reputation. I
have long learned the little' value which is to be
placed on popularity, acquired by any other way
than virtue ; I have also learned, that it is often at
tained by other means — The view which the rising
greatness of our country presents to my eye is
greatly tarnished by the general prevalence of de
ism ; which with me, is but another name for vice
and depravity. I. am, however, much consoled by
reflecting, that the religion of Christ has, from its
first appearance in the world, been attacked in vain
by all, the wits, philosophers, and wise ones aided
by every power of man, and its triumph has been
complete. What is there in the wit or wisdom of
the present deistical writers or professors, that can
compare them with Hume, Shaf tsbury, Bolingbroke,
and others ? And yet these have been confuted, and
their fame decaying ; insomuch that the puny efforts
of Paine are thrown in to prop their tottering fabric,
whose foundations cannot stand the test of time.
Amongst other strange things said of me, I hear it
is said by the deists that I am one of their 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 reli
gion 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 proofs
of my being a Christian. But, indeed, my dear
child, this is a character I prize far above all this
world has or can boast. And amongst all the hand-

KENTUCKY AND VIRGINIA. 571

some things I hear said of yon, what gives me the
greatest pleasure is to be told of your piety and
steady virtue. Be assured there is not one tittle, as
to disposition or character, in which my parental
affection for you would suffer a wish for your
changing; and it flatters my pride to have you
spoken of as you are.

" Perhaps Mr. Roane and Anne may have heard
the reports you mention. If it will be any object
with them to see what I write, show them this. But
my wish is to pass the rest of my days as much as
may be, unobserved by the critics of the world, who
show but little sympathy for the deficiencies to
which old age is so liable. May God bless you,
my dear Betsy, and your children. Give my love
to Mr. Aylett, and believe me ever

" Your affectionate father,

"P. HENRY."

Washington, who had very unwillingly served a
second term, now positively declined to allow his
name to be used in the approaching presidential
election. He made his determination known in his
celebrated farewell address to his countrymen, in
which he pointed out in the clearest terms the dan
gers to the Union, and to our republican institutions,
threatened by sectional strife and factious party
spirit, dangers which have been so sadly realized
since.

The Federal party now presented John Adams
as their candidate for the Presidency, and there was
a disposition to present the name of Mr. Henry for
the Vice-Presidency,1 but he had taken no part in
politics since 1791, and the party was not assured
of his sympathy. It is very certain that he was

1 Gibbs's Washington and Adams, i. , 337.

572 PATRICK HENRY.

unwilling that his name should be used in connec
tion with the office, by either party. After the
presidential electors had been chosen he was in
formed that Levin Powell, Charles Simons, and
others of the Electoral College, professed a willing
ness to vote for him as President, but not for Jef
ferson, and he declined the honor by a short notifi
cation in the Gazetted

Mr. Jefferson had been hoping to add the weight
of Mr. Henry's name to the Republican measures
of the day, and was solicitous as to the effect of the
offers of Federal office made him. We find him
writing to Colonel Monroe, July 10, 1796 :

" Most assiduous court is paid to Patrick Henry.
He has been offered every thing which they knew he
would not accept. Some impression is thought to
be made on him, but we do not believe it is rad
ical.

" If they thought they could count on him they
would run him for their vice-president, their firm
object being to produce a schism in this State."2

The fling at Washington contained in the above,
was afterward put into an indecent charge, when,
after Mr. Henry's death, Mr. Jefferson sought to
prejudice the mind of his biographer. He wrote to
Mr. Wirt :

" General Washington flattered him by an ap
pointment to a mission to Spain, which he declined ;
and by proposing to him the office of Secretary of
State, on the most earnest solicitation of General

1 Judge Roane in MS. letter to Mr. Wirt.
' Jefferson's Works, iv., 148.

KENTUCKY AND VIRGINIA. 573

Henry Lee, who pledged himself that Henry should
not accept it ; for General Washington knew that
he was entirely unqualified for it, and moreover
that his self-esteem had never suffered him to act as
second to any man on earth. I had this fact from
information, but the mission to Spain is of my own
knowledge, because after my retiring from office as
Secretary of State, General Washington passed the
papers to Mr. Henry through my hands." *

The reader is fully prepared to brand these state
ments derogatory to both Washington and Henry
as false, not only from their well-established char
acters, but from their correspondence which has
been given. It is curious that Mr. Jefferson, while
falsely charging Mr. Henry with over- weening self-
esteem, convicts himself of this weakness, by pro
nouncing Mr. Henry entirely unqualified for an
office which he, Mr. Jefferson, had filled for years.

But all the offers of office were not made to Mr.
Henry by the Federal Administration. The Legis
lature of Virginia, which met in the fall of 1796,
and which was strongly Republican,2 and devoted to
Jefferson as their candidate for the Presidency,
elected Mr. Henry Governor of the State. This
made his sixth election to that high office. He de
clined in the following letter :

" CHARLOTTE COUNTY, November 29th, 1796.

" SIR : I have just received the honour of yours, in
forming me of my appointment to the chief magis
tracy of the commonwealth. I have to beg the
favour of you, Sir, to convey to the General Assem
bly my best acknowledgments, and warmest grati-

1 Letter to Mr. Wirt, Historical Magazine for August, 1867, 93.
8 Randall's Jefferson, ii., 270.

574 PATRICK HENRY.

tude for the signal honour they have conferred
upon me. I should be happy if I could persuade
myself that my abilities were commensurate to the
duties of the office ; but my declining years warn
me of my inability.

" I beg leave, therefore, to decline the appoint
ment, and to hope and trust that the General Assem
bly will be pleased to excuse me for doing so ; as
no doubt can be entertained that many of my fellow-
citizens possess the requisite abilities for this high
trust.

" With the highest regard, I am,

" Sir, Your most obedient servant,

"P. HENRY.
"To the HONORABLE SPEAKER OP THE HOUSE OF DELEGATES."

The Legislature thereupon elected James Wood
Governor.

As it was charged afterward by Mr. Jefferson
that Mr. Henry changed his political views, the fol
lowing statement by Judge Eoane, a warm Republi
can, will be interesting. He wrote to Mr. Wirt :

" With respect to the alledged change of his po
litical principles, I shall say what I know about it.
When I was last with him in October, 1794, there
was no difference between his opinions and mine
that I could discover. I was extremely well pleased
with all his opinions, which he communicated freely.
He had, after the adoption of the Constitution, taken
the anti-federal side in the Assembly on all occasions
—After this, matters seeming to come to extremity
in relation to our foreign affairs, I understood, for I
never again saw him, that he disapproved the pol
icy of embarking in the cause of France arid run
ning the risk of a war with Britain. Possibly his
sagacious mind foresaw the issue of the French

KENTUCKY AND VIRGINIA. 575

Revolution, and dreaded the effect of a war with
England upon our free government, and upon the
finances of the United States. After it began to be
rumored that he had changed his opinions, he wrote
me several letters alluding to the report, and aver
ring that his opinions were not changed, and that
he was too old to change them, but admitting that
he differed from the republican leaders as to some
of their measures, which he considered unwise and
impolitic. . . . The alledged change must, I
presume, have been subsequent to the fall of 1796,
for in that session he was elected governor for the
third time,1 with a view to keep out General Wood,
who was deemed a federalist. Mr. Henry was
voted for zealously by all the republicans."

It will be seen from Mr. Henry's letter to Mrs.
Aylett, August 20, 1796, that his religious convic
tions had very much deepened, and that he reproached
himself for not having previously given " decided
and public proofs of being a Christian." After this
he partook of the Communion whenever opportu
nity offered, but he never seems to have formally
connected himself with any church other than the
Protestant Episcopal, in which he had been baptized
in infancy. He approached the Communion-table
with the greatest reverence, after having prepared
himself by fasting, and spent the day in retirement.2

So impressed was he with the injury the current
infidelity was inflicting on his country, that he wrote
a reply to Paine's " Age of Reason," but destroyed
it afterward on meeting with Bishop Watson's
" Apology for the Bible," which he considered an
abler reply than his own.3

1 He means the 3d aeries of terms.

2 Meade's Old Churches, etc., ii., 12. 3 Idem.

576 PATRICK HENRY.

With these deep religious convictions, and with
his wonderful political sagacity, it is not surprising
that Mr. Henry had no confidence in the establish
ment of free institutions in France upon a firm basis.
He early foresaw the signal failure which awaited
the Revolution, and looked for a military leader to
come forward and establish a monarchy on the ruins
of the republic. Such a leader he recognized when
Bonaparte appeared. One of his contemporaries
wrote to Mr. Wirt :

" Mr. Henry was once a firm advocate in favor of
the French Revolution. . . . Subsequent events
in France produced an entire change of sentiment
upon this subject. In the year 1798, after Bona
parte had annihilated five Austrian armies, and,
flushed with victory, was carrying everything before
him, I heard Mr. Henry in a public company say,
shaking his head, ' It won't all do ! the present gen
eration in France is so debased by a long despotism,
they possess so few of the virtues that constitute the
life and soul of republicanism, that they are incap
able of forming a correct and just estimate of ra
tional liberty. Their revolution will terminate dif
ferently from what you expect — their state of
anarchy will be succeeded by despotism, and I
should not be surprised if the very man, at whose vic
tory you now rejoice, should, Csesar-like, subvert the
liberties of his country. All who know me,' con
tinued Mr. Henry, * know that I am a firm advocate
for liberty and republicanism. I believe I have given
some evidence of this. I wish it may not be so, but
I am afraid the event will justify the prediction.' " *

The violence of the personal attacks upon Wash
ington in the leading Republican papers, to which

1 MS.

KENTUCKY AND VIRGINIA. 577

Thomas Paine was now one of the contributors, did
much toward defeating that party in the Presiden
tial election of 1796. To this was added, what
seemed to have been decisive of the result, the in
discreet conduct of Adet, the new French Minister
at Philadelphia. He not only openly advocated
Mr. Jefferson's election, but published a threat of
the wrath of the French Directory in case of his
defeat.1 Mr. Adams was elected by a vote of
seventy-one to Mr. Jefferson's sixty-eight in the
Electoral College, and as the Constitution then stood,
this made Jefferson Vice-President.

At the beginning of his term there were over
tures looking to a political combination between
Adams and Jefferson, to which neither was averse,2
but the scheme was soon abandoned, because Adams
refused to give Madison office, as it was said ; and
they drifted very far apart. The publication at
this time in American newspapers of a letter writ
ten by Mr. Jefferson to Philip Mazzei, April 24,
1796, was sufficient however of itself to change the
relations of the writer with both Washington and
Adams. He wrote to this friend, then in Florence,
who imprudently gave it to the Florence press :

"The aspect of our politics has wonderfully
changed since you left us. In place of that noble
love of liberty and republican government which
carried us triumphantly through the war, an Angli
can, monarchical, and aristocratical party has sprung
up, whose avowed object is to draw over us the sub
stance, as they have already done the forms, of the
British government. The main body of our citi-

1 Gibbs's Washington and Adams, i., 380.

2 Randall's Jefferson, ii., 317, etc.
37

578 PATRICK HENRY.

zens, however, remains true to their republican
principles : The whole landed interest is republican,
and so is a great mass of talents. Against us are
the executive, the judiciary, two out of three
branches of the Legislature, all the officers of the
Government, all who want to be officers, all timid
men who prefer the calm of despotism to the bois-
trous sea of liberty, British merchants, and Amer
icans trading on British capital, speculators, and
holders in the banks and public funds — a contrivance
invented for the purpose of corruption, and for as
similating us in all things to the rotten as well as
the sound parts of the British model. It would
give you a fever were I to name to you the apos
tates who have gone over to these heresies, men who
were Samsons in the field and Solomons in the
council, but who have had their heads shorn by
the harlot England." 1

As Washington was President, and Adams Vice-
Presiderit at the date of this letter, their resentment
of its charges, directly aimed at them, can be well
appreciated.

The shock it gave to Washington can be imagined,
when we read alongside of it an extract of the letter
Mr. Jefferson addressed to him June 19, following
the date of the Mazzei letter, in which, referring to
Lee's communication as to the remarks of Jefferson
concerning Hamilton's influence over Washington,2
inclining him toward England, the writer said :

" I learn that this last (General Lee) has thought
it worth his while to try to sow tares between you
and me, by representing me as still engaged in the
bustle of politics, and in turbulence and intrigue
against the Government. I never believed for a

1 Randall's Jefferson, ii., 295. 2 See ante, 540.

KENTUCKY AND VIRGINIA. 579

moment that this could make an impression on yon,
or that your knowledge of me would not outweigh
the slander of an intriguer, dirtily employed in sift
ing the conversations of my table, where alone he
could hear of me ; seeking to atone for his sins
against you, by sins against another, who had never
done him any other injury than that of declining
his confidences." *

To this Washington had generously replied, July
6, 1796 :

" As you have mentioned the subject yourself, it
would not be frank, candid, or friendly to conceal,
that your conduct has been represented as derogat
ing from that opinion I had conceived you enter
tained of me ; that to your particular friends and
connections you have denounced me as a person
under dangerous influence; and that, if I would
listen more to some other opinions, all would be
well. My answer invariably has been, that I had
never discovered anything in the conduct of Mr.
Jefferson to raise suspicion in my mind of his
sincerity ; that, if he would retrace my public con
duct while he was in the administration, abundant
proofs would occur to him, that truth and right
decisions were the sole objects of my pursuit; that
there were as many instances within his own knowl
edge of my having decided against as in favor of
the opinions of the person evidently alluded to ;
and moreover, that I was no believer in the infalli
bility of the politics or measures of any man living.
In short, that I was no party man myself, and the
first wish of my heart was, if parties did exist, to
reconcile them." 2

1 Jefferson's Works, iv., 142.

2 Writings of Washington, xi. , 138. The personal relations of Washing
ton toward Jefferson seem to have changed after the publication of the
Mazzei letter.

580 PATRICK HENRY.

It was not possible for the parties to Lave com
promised their opinions in the heated condition of
politics then existing. The Federalists charged the
Republicans with encouraging, and thus producing,
every aggression of the French ; and the revolution
in Saint Domingo under French influences, whereby
the slaves were emancipated, and many of the
whites were murdered and others driven out, was
looked upon as a plain indication of what would
happen in America if the French once obtained con
trol of our politics. This fear of servile insurrection
from French influence, was greatly increased by the
conduct and language of the slaves in several counties
and cities of Virginia.1 These were openly charged
to French influence. In the debates in the Virginia
Assembly in 1798, George Keith Taylor, a prominent
member, said : " Could the French wound us in any
respect so vitally, as by arming the slave against his
master? Attempts had already been made by French
emigrants to excite our slaves to insurrection."2

Upon coining into office, Mr. Adams found the
relations between the United States and France in
a deplorable condition. By the treaty of 1778,
France had agreed to the rule that free ships should
make free goods, while England, which had always
claimed the contrary rule, had it now accorded her
by Jay's treaty. This put France under a serious
disadvantage in her war with England, and Wash
ington had intimated to Adet, that the United
States were ready to change the treaty with France
in that respect if desired.3 But this intimation was

1 Calendar of Virginia State Papers, for 1796, etc.
* Debates in House of Delegates, December 20, 1798.
3 Marshall's Washington, v., 679.

KENTUCKY AND VIRGINIA. 581

not acted upon, and with the treaty still in force,
and the American merchants relying upon its pro
tection, the French Government began a systematic
disregard of it, and a spoliation of American com
merce, which became very damaging. Angered by
the recall of Colonel Monroe, whose sympathies
were so decidedly French, the Directory refused to
receive his successor, General Charles Cotesworth
Pinckney, and ordered him to leave France. This
feeling of bitterness was increased by the election
of Mr. Adams over Mr. Jefferson ; and flushed with
the news of one of Bonaparte's Italian victories,
the Directory, on March 2, 1797, issued an order
which was but little short of a proclamation of war.
It declared that the treaty of 1778 with the United
States had been modified by their treaty with Great
Britain, and claimed the benefit of the provisions
of this last for France. All English goods, and
articles not sufficiently shown to be neutral, under
American flags, were to be confiscated, and Ameri
cans holding commissions under the enemies of
France were to be treated as pirates.1

It was plain that the long-continued irritating
policy of France was now about to culminate in
open hostilities. In order to prevent this, if pos
sible, President Adams appointed three Ministers
Extraordinary to France, General Pinckney, John
Marshall, and Elbridge Gerry. These reached Paris
in October, 1797. They found France flushed with
the conquests of Bonaparte, and Talleyrand at the
head of the Administration as Minister of Foreign
Affairs. He had but lately resided in the United
States, and was well aware of the division of par-

1 Gibbs's Washington and Adams, i. , 526-7.

582 PATRICK HENRY.

ties there touching France. The American Minis
ters were denied a public audience, or formal recog
nition, and were approached by three persons in
succession : M. Hottinguer, M. Bellamy, and M.
Hauteval, who represented Talleyrand, and who in
sisted, as a preliminary to any negotiation, upon
the payment of a douceur of £50,000 to the Direc
tory and Ministers, and an agreement to make a
large loan to the French Government. The im
mense power of France was set forth, her humilia
tion of Austria, and her certain conquest of Brit
ain ; and the fate of Venice was held up as a warn
ing to America in case of war.

These degrading proposals were met by the pos
itive refusal of the envoys to hold further inter
course with the persons making them. They were
renewed unsuccessfully by Talleyrand himself in
unofficial visits. Finally, the Minister despairing
of affecting Pinckney and Marshall, who were con
sidered members of the party unfriendly to France,
ordered them to quit her borders. Gerry, however,
the Republican member of the commission, was
invited to remain, and resume the discussions which
had been interrupted.1

The despatches containing an account of these
events were laid before Congress, and the names of
the agents of Talleyrand were disguised under the
designations of X., Y. and Z., and this has given the
name to the affair. Their publication excited the
warmest indignation, and soon the cry was every
where heard, " Millions for defence, not a cent for
tribute." The Republican party was overwhelmed
for the time, and Congress at once entered upon a

1 Marshall's Washington, v., 741, etc. ; Randall's Jefferson, ii., 385, etc.

KENTUCKY AND VIRGINIA. 583

preparation for war with France. A navy depart
ment was created, an increase in the navy and army
ordered, and Washington was made Lieutenant-
General, and Coininander-in-Chief of the army. The
treaty with France was declared abrogated by her
conduct, and her armed vessels were made lawful
prizes for American cruisers. A loan and increased
taxation were also determined on.

Had Congress stopped with these measures, it
would have been sustained by the warlike feeling
which now pervaded the nation ; but the Federal
majority, with a singular lack of wisdom, marred
their legislation with two other war measures, which
became famous as the " alien and sedition laws,"
and finally proved the ruin of their party. By the
alien laws, the President was authorized to order
out of the country all such aliens as he should
judge to be dangerous to the peace and safety of
the United States ; and in case of invasion, actual
or threatened, all subjects of hostile powers, not
naturalized, were liable to arrest and confinement,
or deportation. By the sedition act fine and im
prisonment were imposed for unlawful conspiracies
to oppose the operations of the Government, and for
counselling insurrections, riots, or unlawful combi
nations against its authority. Similar, but lighter,
penalties were imposed for the publication of false,
scandalous, and malicious writings against the Gov
ernment, either house of Congress, or the President,
with intent to bring them into contempt, stir up se
dition, or aid or abet a foreign nation in hostile de
signs against the United States.1

1 Gibbs's Washington and Adams, ii., 74, etc. ; Randall's Jefferson, ii.,
394, etc.

584 PATRICK HENRY.

These laws were defended on the ground that the
persistent and dangerous interference of France in
American politics made them necessary, and that
precedents were furnished by the States during the
revolutionary war.1 They were attacked on the
ground that they were oppressive, and contrary
to the constitutional provisions securing personal
rights.2 But though these measures were the chief
objects of attack, the Republican party did not fail
to contest every other measure designed as a prep
aration for a war with France. Despairing of suc
cess on the floor of Congress, Mr. Jefferson, the
great leader of the Republican party, determined to
influence that body through the State Legislatures.
Accordingly he either drew,3 or revised,4 the resolu
tions which were afterward offered in the Kentucky
Legislature, and which were adopted by that body in
November, 1798. The first of these is as follows:

" Resolved, That the several States composing the
United States of America, are not united on the
principle of unlimited submission to their general
government ; but that, by a compact under the style
and title of a Constitution for the United States,
and of amendments thereto, they constituted a gen
eral government for special purposes — delegated to
that government certain definite powers, reserving,
each State to itself, the residuary mass of right to
their own self-government ; and that whensoever
the general government assumes undelegated powers

1 Gibbs's Washington and Adams, ii., 84-85. Jefferson had approved
of the Virginia acts. - Idem, 80, etc.

3 Letter of Jeff erson, December 11, 1821, Works, vii. , 229.

4 It is claimed on strong evidence that John Breckenridge wrote the
original draft, and submitted it to Mr. Jefferson, notwithstanding Mr.
Jefferson's claim to authorship.

KENTUCKY AND VIRGINIA. 585

its acts are unauthoritative, void, and of no force ;
that to this compact each State acceded as a State,
and is an integral party, its co-States forming, as to
itself, the other party ; that the government created
by this compact was not made the exclusive or final
judge of the extent of the powers delegated to itself ;
since that would have made its discretion, and not
the Constitution, the measure of its powers ; but
that, as in all other cases of compact among powers
having no common judge, each party has an equal
right to judge for itself, as well of infractions as of
the mode and measure of redress."

The second, third, fourth, fifth, and sixth resolu
tions apply these principles to the acts of Congress
to punish frauds on the Bank of the United States
and other crimes not enumerated in the Constitution,
to abridge the freedom of the press and of speech,
and to allow the President to banish aliens at pleas
ure, all of which are pronounced wholly unauthor
ized, void, and of no effect. The seventh attacks
the manner in which the General Government had
imposed taxes and excises, as destructive of the
limits imposed by the Constitution. The eighth, as
originally drawn, declares :

" . . . That in cases of an abuse of the dele
gated powers, the members of the general govern
ment being chosen by the people, a change by the
people would be the constitutional remedy; but,
where powers are assumed which have not been
delegated, a nullification of the act is the rightful
remedy ; that every State has a natural right in cases
not within the compact (casus nonfcederis), to nul
lify of their own authority all assumptions of power
by others within their limits." *

1 Jefferson's Works, ix., 404, etc. ; Randall's Jefferson, ii., 449, etc.

586 PATRICK HENRY.

This was not adopted however. A copy of these
resolutions was sent to Mr. Madison by Mr. Jeffer-
son, November 17, 1798, to guide him in drawing
similar ones to be introduced into the Virginia Legis
lature. These were to be skilfully worded, so as
not to commit the body too distinctly to nullifica
tion, while committing it to doctrines which in
volved it. Jefferson wrote :

" I think we should distinctly affirm all the im
portant principles they contain, so as to hold to that
ground in future, and leave the matter in such a
train as that we may not be committed absolutely to
push the matter to extremities, and yet may be free
to push as far as events will make prudent." l

Mr. Madison acted on this suggestion with great
cleverness, and drew a set of resolutions for the Vir
ginia Legislature, which have proved a political
palimpsest. That such was his design may be gath
ered from his letter to Jefferson concerning them,
December 20, 1798, in which he said :

" Have you ever considered thoroughly the dis
tinction between the powers of the State and of the
Legislature on questions relating to the federal
pact ? On the supposition that the former is
clearly the ultimate j udge of the infractions, it does
not follow that the latter is the legitimate organ ;
especially as a convention was the organ by which
the compact was made. This was a reason of great
weight for using general expressions that would
leave to other States a choice of all the modes pos
sible of concurring in the substance, and would
shield the General Assembly against the charge of

1 Jefferson's Works, iv., 258.

KENTUCKY AND VIRGINIA. 587

usurpation in the very act of protesting against the
usurpations of Congress." 1

It will be seen also from a passage in a letter to
C. E. Hayne, August 27, 1832, in which he says of
these resolutions :

" It seems not to have been sufficiently noticed,
that in the proceedings of Virginia referred to, the
plural term States was invariably used in reference
to their interpositions." 2

By the first and second of these resolutions, de
votion to the Constitutions of the United States and
Virginia, and to the Union, was proclaimed. The
third was as follows :

" That this Assembly doth explicitly and peremp
torily declare that it views the powers of the Federal
Government as resulting from the compact to which
the States are parties, as limited by the plain sense
and intention of the instrument constituting that
compact ; as no further valid than they are author
ized by the grants enumerated in that compact ;
and that, in case of a deliberate, palpable, and dan
gerous exercise of other powers not granted by said
compact, the States, who are parties thereto, have
the right and are in duty bound to interpose for ar
resting the progress of the evil, and for maintaining
within their respective limits the authorities, rights,
and liberties appertaining thereto."

By the fourth the General Government was
charged with a spirit tending.

" To consolidate the States, by degrees, into one
sovereignty, the obvious tendency and inevitable

1 Madison's Works, ii., 149, 150. 2 Idem, iv., 225.

588 PATRICK HENRY.

result of which would be, to transform the present
republican system of the United States into an
absolute, or at least a mixed, monarchy."

The fifth and sixth protest against the alien and
sedition acts as palpable and alarming infractions
of the Constitution.

The seventh was an appeal to the other States to
declare the said acts unconstitutional, and to unite
in proper measures to maintain the rights reserved
to the States, or to the people. The eighth directed
copies to be sent to the Executives of the several
States, to be laid before their Legislatures, and to the
Virginia Senators and Representatives in Congress.1

These resolutions were entrusted to John Taylor,
of Caroline, a confessed disunionist,2 who introduced
them into the House, when, after a very able debate
in which George Keith Taylor led the opposition,
they were adopted December 21, 1798; ayes, 100,
to nays, 63. They passed the Senate three days
afterward by a vote of 14 to 3.

These celebrated resolutions of Kentucky arid
Virginia, which have so powerfully affected the po
litical history of the country, created intense excite
ment upon their publication. Taken in their ob
vious meaning, they set forth the doctrine that the
States, as sovereignties, had entered into a compact
known as the United States Constitution, and each
State had the right to judge of the infraction of
this compact and to apply such remedy as it deemed
proper, even to a nullification of the Federal act.
Such was the interpretation put upon them by the
seven States responding to the Virginia resolutions,

1 Madison's Works, iv., 506. 2 Randall's Jefferson, ii., 447.

KENTUCKY AND VIRGINIA. 589

as their answers more or less distinctly indicate,1 and
such was the explanation given by Kentucky in her
additional resolution adopted November 14, 1799,2
which followed the omitted portion of Mr. Jeffer
son's original draft. The party in Virginia certain
ly looked to violent opposition, and began to make
preparation for it in building an armory, as was
confessed by John Randolph afterward.3

Mr. Henry had shared in the general resentment
of the conduct of France toward us, and now found
himself not only differing with the Republican party
as to the measures proper to be adopted for our de
fence, but differing with Jefferson and Madison in
their construction of the United States Constitution,
which, he had insisted in the Convention of 1788,
and still believed, had changed the confederation
of States into a consolidated government. He
plainly saw that the logical result of the theory ad
vanced in the Kentucky and Virginia resolutions was
nullification, followed by disunion. Each of the
contending parties continued to strive for the great
advantage of his name in approval of its measures,
and, removed as he was from public life, and living
in the interior of the State, his opinions were easily
misrepresented upon the new party issues which
were raised.

John Marshall had been the foremost man in the
embassy to France. He had drawn the communi
cations to the French Government which contained
a triumphant vindication of the conduct of the
United States, and left our ancient ally no excuse

1 See answers of Delaware, Rhode Island, Massachusetts, New York,
Connecticut, New Hampshire, and Vermont, Elliott's Debates, iv. , 532,
etc. * Idem, 544. 3 Adams's Randolph, 278.

590 PATRICK HENRY.

for the many and flagrant violations of her treaty
obligations. On his return he had been greatly
honored in the reception given him, and had been
offered a seat on the Supreme Court, as an associate
justice. This he had declined with a purpose to
devote himself to his more lucrative practice, on
which he was dependent.

Washington, who had become alarmed at the
Republican opposition to the defensive measures
adopted against France, requested him to visit
Mount Vernon, and persuaded him to offer for Con
gress from the Richmond district. His opponent
was John Clopton, the serving member, and a Re
publican of marked ability. Marshall was consid
ered a moderate Federalist, considerably removed
from the extreme Hamilton wing of that party, and
he actually voted for the repeal of the sedition act.1

The district was composed of the counties of Hen-
rico, Hanover, New Kent, Charles City, and James
City, and had been Republican by a large majority.
The contest was very warm, and attracted more in
terest than any other in the State. For years after
ward it was the theme of conversation among those
who had participated in it. Recognizing the great
weight Mr. Henry's opinions would have in a district
in which he was born and had spent most of his
life, some of the friends of Clopton reported that he
favored his election. In order to counteract this,
if possible, Archibald Blair, the clerk of the Exec
utive Council, wrote to Mr. Henry December 28,
1798, and at the same time enclosed him a copy of
the resolutions just agreed to by the Legislature.
Mr. Henry wrote the following reply, which in the

1 Lives of Chief Justices, by Santvoord, 341-342.

KENTUCKY AND VIRGINIA. 591

language of his latest biographer is of deep interest
still, not only as showing his discernment of the
true nature of that crisis, but as furnishing a com
plete answer to the taunt that his mental faculties
were fallen into decay.1

41 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 lamentation over the present state
of things in Virginia. It is possible that most of
the individuals who compose the contending fac
tions are sincere and act from honest motives. But
it is more than probable that certain leaders medi
tate 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 con
tentions have gone will scarcely permit any ob
server to see enough in detail, to enable him to form
any thing like a tolerable judgment on the final re
sult, 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

i Tyler's Henry, 364.

592 PATRICK HENRY.

of her destroying the great pillars of all govern
ment 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 re
main 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 conti
nent 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 country men most estima
ble 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 pre
judice General Marshall's election ? Very far from
it indeed. Independently of the high gratification
I felt from his public ministry, he ever stood high

KENTUCKY AND VIRGINIA. 593

in my esteem as a private citizen. His temper and
disposition were always pleasant, his talents and in
tegrity 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. But it is to be
observed, that the efforts of France are to loosen
the confidence of the people everywhere in the pub
lic functionaries, and to blacken the characters most
eminently distinguished for virtue, talents, and
public confidence; thus smoothing the way to con
quest, or those claims of superiority as abhorrent to
my mind as conquest from whatever quarter they
may come.

" Tell Marshall I love him, because he felt and
acted as a republican, as an American. The story
of the Scotch merchants and old torys voting for
him is too stale, childish, and foolish, and is a
French finesse ; an appeal to prejudice, not reason
and good sense. If they say in the daytime the
sun shines, we must say it is the moon ; if, again,
we ought to eat our victuals, No, say we, unless it
is ragout or fricassee ; and so on to turn fools, in
the same proportion as they grow wise. But enough
of such nonsense.

" As to the particular words stated by you, and
said to come from me, I do not recollect saying
them. But certain I am, I never said' anything de
rogatory to General Marshall ; but on the contrary,
I really should give him my vote for Congress, pref
erably to any citizen in the state at this juncture,
one only excepted, and that one is in another line.

u 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

594 PATRICK HENRY.

of all things, to whom I owe unceasing acknowledg
ments for his unmerited goodness to me ; and if I
was permitted to add to this catalogue one other
blessing, it would be that my countrymen should
learn wisdom and virtue, and in this their day know
the things that pertain to their peace.

" Farewell. I am, dear Sir, yours,

u PATRICK HENRY.

"To ARCHIBALD BLAIR, ESQ." l

After Mr. Henry's death Mr. Blair sent a copy of
this letter to General Washington, with the follow
ing from himself.

" RICHMOND, June 19, 1799.

" SIR : The original letter from my departed
friend, Patrick Henry, of which the enclosed is the
only copy ever suffered to be taken, was intended
merely to counteract some malicious reports circulat
ing in the district, that Mr. Henry was unfriendly to
the election of Mr. Marshall as a representative to the
next Congress. But as it contains sentiments which
contradict the base insinuations, that he was an
enemy to the opposition measures of our govern
ment towards the French, and unfriendly to you,
I feel anxious for his letter to be lodged in some
place, that hereafter it may stand a chance to be
brought forth as a proof against such a calumny ;
and with this view I transmit to you a copy, in
hopes that it will find a place in a corner of your
cabinet. I would have sent the original, had it not
been much torn by the frequent resort to it during
the canvassing for the late election. I have been
often urged to publish it in the newspapers ; but,
that source of communication being at present so
polluted, where virtue is traduced and vice sup-

1 Writings of Washington, xi., 557.

KENTUCKY AND VIRGINIA. 595

ported, I have thought that posterity will be unable
hereafter to decide from it whether their ancestors
were virtuous or vicious.

" It is much to be lamented, that a man of Mr.
Henry's merits should be so little personally known
in the world. I remember at the commencement of
the revolution he was dreaded as the Cromwell of
America ; and since he has been counted upon by
the opposition party as a rival to you, and the de
stroyer of our happy and most valuable constitu
tion. I had the honor of qualifying for my present
office, when Mr. Henry commenced the administra
tion of our revolutionary government, from which
period to the day of his death I have been upon the
most intimate, and I believe friendly terms with
him ; and I can with truth say, that I never saw
anything tyrannical in his disposition, or otherwise
ambitious than to be serviceable to mankind. With
regard to you, Sir, I may say, as he said of Mar
shall, that he loved you ; and for the same reason,
because you felt and acted as a republican, as an
American / for I have no doubt but he alluded to
you, when he makes the exception, ' one other who
was in another line,' to whom he would give the
preference. During the war an attempt was made
by an anonymous letter to enlist Mr. Henry on the
side of an infamous faction opposed to you as com-
mander-in-chief. His letter to you on that subject,
and your answer, have been lost, I believe, during
Arnold's invasion ; which I lament, as his letter was
a proof of his confidence in, and attachment to
you, and I had a desire to preserve those docu
ments.

" I have now to apologize for obtruding where I
have not the honor of a personal acquaintance ; and
I flatter myself the motive of rescuing the character
of my valued friend from the imputation of being
a Jacobin, and foe to you, will plead the excuse of

596 PATRICK HENRY.

him, who has the honor to be, with the highest re
spect, yours <fec.,

"A. BLAIR.

"To GENERAL WASHINGTON, Mount Vernon." l

General Washington wrote in reply :

" MOUNT VERNON, June 24, 1799.

"SiR: Your favor of the 19th instant, enclosing
the copy of a letter from our deceased friend Pat
rick Henry to you, dated the 8th of January last,
came duly to hand. For this instance of your po
lite attention to me, I pray you to accept my
thanks, and an assurance that the latter shall find a
distinguished place in my bureau of public papers.

" At any time I should have received the account
of this gentleman's death with sorrow. In the pres
ent crisis of our public affairs, I have heard it with
deep regret. But the ways of Providence are in
scrutable, and not to be scanned by short-sighted
man, whose duty is submission without repining at
its decrees.

"I had often heard of the political sentiments
expressed in Mr. Henry's letter to you, and as often
a wish that they were promulgated through the
medium of the gazettes ; the propriety or inexpedi
ency of which measure none can decide more cor
rectly than yourself. But, after what you have
written to me, I feel it incumbent to inform you,
that another copy of that letter has been either sur
reptitiously obtained, or fabricated, and more than
probably is now in the press ; for I was informed
on the day preceding my receipt of your letter, that
one was in the hands of a gentleman in this coun
ty (Fairfax), and that he had been asked, and it
was supposed would have it printed.

1 Writings of Washington, x\, 556.

KENTUCKY AND VIRGINIA. 597

" My breast never harboured a suspicion that Mr.
Henry was unfriendly to me ; although I had reason
to believe that the same spirit, which was at work
to destroy all confidence in the public functionaries,
was not less busy in poisoning private fountains
and sowing the seeds of distrust among men of the
same political sentiments. Mr. Henry had given
me the most unequivocal proof, whilst I had the
honor to command the troops of the United States
in their revolutionary struggle, that he was not to
be worked upon by intrigues ; and, not conscious
that I had furnished any cause for it, I could not
suppose that without a cause he had become my
enemy since. This proof, contained in the letter to
which you allude, is deposited among my files, but
(for want of a proper receptacle for them, which I
mean to erect) they are yet in packages. When I
shall be able to open them with convenience, T will
furnish you with a copy of what passed between
Mr. Henry and myself, in consequence of the at
tempt which was made by a party in Congress to
supplant me in that command, since you think it is
not to be found among his papers and wish to be
possessed of it.

" Your letter to me, Sir, required no apology, but
had a just claim to the thanks and gratitude of one,
who has the honor to be, your most obedient,
obliged humble servant,

" GEO. WASHINGTON.

u To ARCHIBALD BLAIR, ESQ., Richmond, Fa." l

The letter of Mr. Henry completely turned the
guns of Clopton's friends against them. It threw
the weight of Mr. Henry's great influence in the
district in favor of Marshall. This weight was not
all due to Mr. Henry's public services. There were

1 Writings of Washing-ton, xi., 437.

598 PATRICK HENRY.

in the district many warm personal friends, and
many blood relations.

No wonder, therefore, that the letter was pretty
well worn out by constant use, before the canvass
closed. Marshall was elected by the small majority
of 108, and his election was very certainly due to
Mr. Henry's letter. When it was written Mr.
Henry little dreamed of the tremendous effect it
was to have upon the future of his country. Mar
shall on the floor of Congress was truly great.
Here his unsurpassed powers of logic were displayed
on a suitable theatre, and attracted the admiration
of a continent. In his wonderful defence of Presi
dent Adams in the extradition case of Jonathan
Bobbins, he delivered an argument which has never
been surpassed, if ever equalled, in the history of
legislative bodies.1 Albert Gallatin, the great Re
publican leader, declared it was unanswerable, when
asked to reply, and it settled forever the points of
national law involved. But the most notable con
sequence of this masterly speech was the appoint
ment of Marshall, by President Adams, first to be
Secretary of State, and afterward to be Chief Jus
tice of the United States. For thirty-four years he
presided over the Supreme Court with a purity of
character, a grasp of intellect, and a power of rea
soning which earned for him the name of " The
Great Chief Justice." During this long term, great
constitutional questions of the first importance came
before the court, involving the nature of our govern
ment. In deciding these, Judge Marshall, with ir
resistible logic, attacked the destructive theories of

1 See it in Bee's Reports, 266, and Appendix to 5 Wheaton & Wharton's
State Trials, 443.

KENTUCKY AND VIRGINIA. 599

Jefferson and Madison, and demonstrated that the
United States Constitution embodied a national
government, capable of self-preservation, supreme
within its sphere, and having a Supreme Court as
its interpreter.

General Henry Lee also wrote from his district
to Mr. Henry, and used with much effect his reply,1
getting in, however, like Marshall, by a small ma
jority.

1 Jefferson to Wirt, Historical Magazine for August, 1867, 93.

CHAPTER XLIV.

CLOSING SCENES.— 1798-99.

Alarm of General Washington for the Country. — Letter to Mr.
Henry Urging Him to Offer for the Legislature. — His Candida
cy and Its Effect on Parties. — Appearance at the March County
Court of Charlotte. — His Speech to the Assembled People. —
First Public Appearance of John Eandolph of Eoanoke. — Ef
fects of the Kentucky and Virginia Eesolutions. — Mr. Madi
son's Effort to Explain His Work. — Mr. Jefferson's Injustice to
Mr. Henry. — Influence over Mr. Wirt. — Difference of Views
Between Henry and Jefferson.— Election of Mr. Henry to the
House of Delegates. — Appointment as One of the Ministers to
France. — His Letter Declining It. — Rapid Decline in Health.
— Death Bed. — Grief of His Countrymen. — His Monument. —
Growing Reverence for His Character. — His Family. — His Part
ing Injunction to His Countrymen.

WHEN Mr. Henry wrote to Mr. Blair, " I am too
old and infirm ever again to undertake public con
cerns," he little expected such a call as was made
on him one week afterward by General Washing
ton. This eminent patriot was so impressed with
the dangers of French influence, and of the theory
of the General Government advanced in the Ken
tucky and Virginia resolutions, that he deter
mined to lay aside his usual reserve, and throw his
great weight into the approaching elections, State as
well as Federal. Among others to whom he looked
was Mr. Henry, who had written him in 1795 :

" If my country is destined in my day to encoun
ter the horrors of anarchy, every power of mind and

CLOSING SCENES. 601

body which I possess will be exerted in support of
the government under which I live, and which has
been fully sanctioned by my countrymen."

Satisfied that the country was in great danger,
Washington now wrote him, coupling his earnest
appeal with a terrible arraignment of the Eepubli-
can party. His letter was as follows :

(Confidential.)

"MOUNT VERNON, 15th January, 1799.

u DEAR SIR : At the threshold of this letter I
ought to make an apology for its contents ; but if
you will give me credit for my motives, I will con
tend for no more, however erroneous my sentiments
may appear to you.

u It would be a waste of time, to attempt to bring
to the view of a person of your observation and dis
cernment, the endeavours of a certain party among
us, to desquiet the Public mind with unfounded
alarms — to arraign every act of the administration —
to set the people at varience with their government
—and to embarrass all its measures. Equally use
less would it be to predict what must be the inevi
table 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 oppo
sition. I have said the state because the conduct
of its legislature in the eyes of the world, will au
thorize the expression — & because it is an incontro-
vertable fact, that the principle leaders of the oppo
sition dwell in it, and because no doubt is enter
tained, I believe, that with the help of the chiefs in
the other states, all the plans are arranged, and
systematically pursued by their followers in other

602 PATRICK HENRY.

parts of the union — though in no state, except Ken
tucky, that I have heard of, has Legislative counte
nance been obtained beyond Virginia.

" It has been said, that the great mass of the citi
zens 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 both to congress
and their state legislature ; who are men opposed
to the first, and by the tendency of their measures
would destroy the latter? Some among us have
endeavored to account for this inconsistency, &
though convinced themselves of its truth, they are
unable to convince others, who are unacquainted
with the internal polity of the state.

" One of the reasons assigned is, that the most re
spectable and best qualified characters among us
will not come forward. Easy and happy in their
circumstances at home, and believing themselves
secure in their liberties and property, they will not
forsake them, or their occupations, and engage in
the turmoil of public business, or expose themselves
to the calumnies of their opponents, whose weapons
are detraction.

" But at such a crisis as this, when everything
dear and valuable to us is assailed ; when this
party hang upon the wheels of government as
a dead weight, opposing every measure that is
calculated for defence and self-preservation, abet
ting the nefarious views of another nation upon
our rights, preferring as long as they dare con
tend openly against the spirit and resentment of
the people, the interest of France to the welfare
of their own country, — justifying the first at the
expense of the latter ; — When every act of their
own government is tortured, by constructions they
will not bear, into attempts to infringe and tram-

CLOSING SCENES. 603

pie upon the constitution with a view to introduce
monarchy.

" When the most unceasing and purest exertions
were making to maintain a neutrality which had
been proclaimed by the executive, approved unequiv
ocally by Congress — by the State legislatures-
nay by the people themselves, in various meetings,
and to preserve the country in Peace, are charged as
a measure calculated to favyor Great Britain at the
expense of France, and all those who had any agency
in it are accused of being under the influence of the
former, and her pensioners ; when measures are sys
tematically 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 whicli
such conduct has made on the peace and happiness
of this country, and oppose the widening of it?

" Vain will it be to look for peace and happiness,
or for the security of liberty and prosperity, if civil
discord should ensue. And what else can result from
the policy of those among us, who, by all the means
in their power, are driving matters to extremity, if
they cannot be counteracted effectually ? The views
of men can only be known, or guessed at, by their
words or actions. Can those of the leaders of opposi
tion be mistaken then, if judged by this rule ? That
they are followed by numbers who are unacquainted
with their designs, and suspect as little the tendency
of their principles, I am fully persuaded — But, if
their conduct is viewed with indifference ; if there is
activity and misrepresentation on one side and
supineness on the other, their numbers accumulated
by intriguing and discontented foreigners under pro
scription, who were at war with their own govern-

604 PATRICK HENRY.

ment, and the greater part of them with all govern
ments, their number will increase and nothing short
of Omniscience can foretell the consequences.

" I come now, my good sir, to the object of my
letter, which is, to express a hope and an earnest
wish, that you would 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 Assem
bly 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 im
portance 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.

" If I have erroneously supposed that your senti
ments on these subjects are in union with mine, or if
I have assumed a liberty which the occasion does
not warrant, I must conclude as I began, with pray
ing that my motive may be received as an apology.
My fears that the tranquility of the Union, and of
this state in particular, is hastening to an awful
crisis, have extorted them from me.

" With great, and very sincere regard and respect,
I am, Dear Sir,

" Your most Ob* & Very Humble Serv*,

" GEO. WASHINGTON.

lk PATKICK HENRY, ESQ." '

1 Writings of Washington, xi. , 387.

CLOSING SCENES. 605

That General Washington had not over-esti
mated the danger which threatened the country,
we have the testimony of Mr. Jefferson, who looked
at the matter from an entirely opposite point of
view. He wrote Colonel Hawkins, February 18,
1803:

" One source of great change in social intercourse
arose while you were with us, though its effects
were as yet scarcely sensible on society or govern
ment. I mean the British treaty, which produced
a schism that went on widening and rankling till
the years '98, '99, when a final dissolution of all
bonds, civil and social, appeared imminent." 1

Infirm as he was, Mr. Henry could not resist such
an appeal from the man he revered as the father of
his country. He at once declared himself a candi
date for the House of Delegates at the approaching
election, and gave notice that he would address the
people of Charlotte on March county court day,
the first Monday in the month. The announcement
excited intense interest throughout the State, and
the Republicans determined to marshal their ablest
men to meet him in the Legislature. Madison,
Giles, Nicholas, John Taylor, and others of marked
ability were put forward for seats in that body, and
it was intended that Madison should again lead the
host which was to oppose him.

The distance of Red Hill from the^ounty seat,
twenty miles, and his declining healt% had pre
vented Mr. Henry from mingling with 83 county-
men during the few years he had lived in Charlotte.
The desire to see and hear him, therefore, was in

1 Jefferson's Works, iv. , 465.

606 PATRICK HENRY.

creased by the fact that so few persons in the coun
ty had enjoyed that privilege, and that this would
probably be the last opportunity of doing so. The
interest extended to the adjoining counties, and
among others the professors and students of Hamp-
den Sidney College, in the adjoining county of Prince
Edward, came, leaving their lecture-rooms deserted.

Mr. Henry accomplished the twenty miles jour
ney from his home to the Court House, in his car
riage, before court day, and was entertained by a
friend near the village.1 When he was driven to
the village on court morning, and descended from
his carriage, he found a crowd had already assem
bled, which surrounded and followed him whither
soever he moved, manifesting unmistakably their
admiration and reverence. A Baptist minister,
whose piety was wounded by this homage paid to a
mortal, asked the people aloud, why they thus
followed Mr. Henry about. " Mr. Henry," said he,
" is not a god ! " " No," said Mr. Henry, deeply
affected both by the scene and the remark ; " no,
indeed, my friend ; I am but a poor worm of the
dust — as fleeting and unsubstantial as the shadow
of the cloud that flies over yon fields, and is re
membered no more." The tone with which this was
uttered, and the look which accompanied it, affected
every heart, and silenced every voice.2

He soon took a seat in the porch of the tavern,
and waited for the hour to make his speech. The
scene is thus described by one of the students of
Hampden Sidney, present,3 who pushed his way

1 This was doubtless Colonel Joel Watldns, who lived three miles from
the county seat. * Wirt's Henry, 408.

3 John Miller, of South Carolina. See Tyler's Henry, 871.

CLOSING SCENES. 607

through the gathering crowd, and secured a position
by the pedestal of a pillar within eight feet of him.

" He was very infirm, and seated in a chair con
versing with some old friends, waiting for the assem
bling of the immense multitudes who were pouring
in from all the surrounding country to hear him.
At length he arose with difficulty, and stood some
what 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 al
most supernatural ; his features glowed with the hue
and fire of youth ; and his voice rang clear and me
lodious, with the intonations of some grand musical
instrument whose notes filled the area, and fell dis
tinctly and delightfully upon the ears of the most
distant of the thousands gathered before him."

The substance of his speech has been preserved in
the accounts given by the listeners, and is as fol
lows:

" He told the people that the late proceedings of
the Virginia Assembly had filled him with appre
hension and alarm ; that they had planted thorns
upon his pillow; that they had drawn him from
that happy retirement which it had pleased a boun
tiful 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

608 PATRICK HENRY.

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 de
gree 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 exe
cution. '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, to point a weapon at the
breast of the man who had so often led them to
battle and victory ? ' A drunken man in the
crowd, John Harvey by name, threw up his arm
and exclaimed, that i he dared do it.' ' No,' an
swered Mr. Henry, rising aloft in all his majesty,
and in a voice most solemn and penetrating ; ' you
dare not do it ; in such a parricidal attempt, tlie
steel would drop from your nerveless arm ! ' 'The
look and gesture at this moment,' said Dr. John H.
Rice, who related the incident, ' gave to these words
an energy on my mind unequalled by anything that
I have ever witnessed.' Mr. Henry, proceeding in
his address, asked, 4 whether the county of Charlotte
would have any authority to dispute an obedience
to the laws of Virginia ; and he pronounced Vir
ginia to be to the Union what the county of Char
lotte 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

CLOSING SCENES. 601)

to say something of the merits of the alien and
sedition laws, which had given occasion to the action
of the Assembly. He would say of them, that they
were passed by Congress, and Congress is a wise
body. That these laws were too deep for him, they
might be right and they might be wrong. But
whatever might be their merits or demerits, it be
longed 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 con
fidence. He had seen with regret the unlimited
power over the purse and sword consigned to the
General government, but that he had been over
ruled, 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 infringe
ment is made upon your rights which cannot be
otherwise redressed; for if ever you recur to an
other change, you may bid adieu forever to repre
sentative government. You can never exchange the
present government but for a monarchy. If the
administration have done wrong, let us all go wrong
together.' Here he clasped his hands and waved
his body to the right and left, his auditory uncon
sciously waving with him. l Let us,' said he,
1 trust God and our better judgment to set ;us
right hereafter. United we stand, divided we fall.
Let us not split into factions which must destroy
that union upon which our existence hangs. Let us
preserve our strength for the French, the English,
the Germans, or whoever else shall dare invade our

610 PATRICK HENRY.

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 fo
mented 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."

" There was," says the distinguished orator from
whose narration nearly all of the foregoing was
taken, u an emphasis in his language to which, like
the force of his articulation, and the commanding
expression of his eye, no representation can do jus
tice ; yet I am conscious of having given a correct
transcript of his opinions, and in many instances his
very expressions."

As he closed his address he literally descended
into the arms of the obstreperous throng, and was
carried into a room of the tavern where he could
rest after his fatigue. Dr. John H. Rice gave ex
pression to the feelings of the audience when he ex
claimed aloud, "The sun has set in all his glory."

Before the applause had subsided another speaker
took the stand. He was a tall, slender, effeminate -
looking youth, with light hair combed back, a pale
countenance, beardless chin, bright, quick hazel eyes,
and dressed in a blue frock, buff small-clothes, and
fan-top boots.1 This was John Randolph, who had
lately moved to the county, and rose to make his
maiden speech as a candidate for Congress on the
Republican side. He was suffering with the
hoarseness of a cold, and his opening sentences were
scarcely audible. The audience began to disperse,

1 Garland's Randolph, i., 129.

CLOSING SCENES. 611

and an Irishman who attempted to catch what this
daring stripling had to say, exclaimed, " Tut ! tut !
it won't do, it's nothing but the bating of an old tin
pan after hearing a fine church organ." 1 But as the
young man proceeded he began to recover his voice,
and to give signs of that peculiar eloquence for
which he was afterward so celebrated. And then
the appreciation of a rustic was heard in the excla
mation, "I tell you what, the young man is no bug-
eater neither." 2

Randolph began by saying, " that he had ad
mired that man more than any one on whom the
sun had shone, but that now he was constrained to
differ from him toto ccelo" He made a short ad
dress, the points of which were reported to Mr.
Henry in his room. Mr. Henry made no reply to
the young man who thus dared to enter the lists
against him ; but with the greatest kindliness he
said to those around him, " He is a young man of
promise; cherish him, and he will make an invalua
ble man." And to Randolph himself, when he after
ward met him, he said, " Young man, you call me
father ; then, my son, I have something to say unto
you" (holding both of his hands) : " Keep justice,
Keep truth — and you will live to think differ
ently."3

The foregoing account of Mr. Henry's speech is
taken almost entirely from a manuscript found
among Mr. Wirt's papers, in the handwriting of
John Randolph. It is dated March, 1799, and ad
dressed to Patrick Henry, and seems to have been

1 Howe's Virginia, 225.

9 Virginia Historical Magazine, iv., 35, Dr. Rice's account.

8 Adams's Randolph, 31 ; Garland's Randolph, i., 141.

612 PATRICK HENRY.

written for publication in the newspapers. Mr.
Wirt followed it closely in his account, but did not
state who furnished him the information. In one
material respect it differs from the above account.
It makes Mr. Henry say of the alien and sedition
laws : " His private opinion was, that they were
good and proper." There seems to be abundant
evidence of the fact that this was a misapprehension
of what he really said. In the Petersburg Index
for August, 1867, Charles Campbell, the historian,
published the certificates of four gentlemen, given in
1837, who had ample opportunity of knowing Mr.
Henry's sentiments as to these laws, and who con
curred in stating that he disapproved of them. One
was George Woodson Payne, who married a sister
of Mrs. Henry, and was intimately acquainted with
his views. He stated " that he knew of his own
knowledge that Mr. Henry thought those laws un
constitutional, particularly the sedition act, and that
their operation was harsh in many cases." The
other three were Rev. Clement Read, Robert Mor
ton, and Colonel Clement Carrington, who heard
Mr. Henry's speech. Mr. Read states " that Mr.
Henry neither approved nor disapproved these laws
in his speech, but he was satisfied he was opposed
to them from some expressions which fell from him
before he made his speech." Colonel Carrington
was the Federal candidate for Congress, and he
states that " Mr. Henry neither approved nor con
demned those laws, but said they were beyond his
comprehension, and evidently declined giving an
opinion of them." Mr. Robert Morton was a deputy
in the office of Thomas Read, the clerk, who was a
candidate for the House of Delegates. He states,

CLOSING SCENES. 613

"I remember to have heard Colonel Thomas Read,
with whom I lived until I arrived to over twenty-
one years of age, say, that he was gratified, as much
as he differed with Colonel Henry on some political
topics of the day, that they agreed in opposition to
the alien and sedition laws.'1

In addition to these statements, the Hon. James
W. Bouldin, who lived in the county of Charlotte,
wrote out a statement of what he had heard from
three old men of great intelligence, who heard Mr.
Henry's speech. He says :

" I have heard from Richard Venable, Jacob Mor
ton, and the late Rev. John Robinson, separately,
an account of this speech, and all agreed in sub
stance as to what he said immediately bearing on this
point. I remember more particularly what Robin
son said, which was that, when questioned whether
the alien and sedition laws were constitutional, Mr.
Henry replied : i They were passed by Congress,
Congress is a wise body — too deep for me. They
may be right —they may be wrong. But this much
I know — you are wrong — you are now progressing
to civil war, and when you reach the field, who will
you meet — Washington — the father of his country ;
and you will see when you face him your steel will
turn." '

The skeleton of Mr. Henry's speech which has
been preserved, sustains the concurrent testimony of
his auditors, that his effort was to quiet the minds
of the people, and to induce them to follow consti
tutional methods for the redress of their grievances.
It was worthy of the encomium of Dr. Archibald
Alexander, the president of the college, who pro
nounced it " a noble effort, such as could have pro-

614 PATRICK HENRY.

ceeded from none but a patriotic heart." 1 Sucli
has been the judgment of posterity. Like Moses of
old, this leader of the exodus of America from her
state of bondage, used his latest breath in prophetic
warning to his people. It seemed as though, scan
ning the future, his eye caught the vision of great
armies making crimson the soil of his beloved State,
and his ear caught the reverberations of the cannon,
which sixty-six years afterward echoed around the
spot upon which he stood, as the last shot in the
great civil war was fired at Appomattox.2

The seed sown by Jefferson and Madison soon
brought forth bitter fruit. In February and March
there broke out, in the counties of Northampton,
Bucks, and Montgomery, in Pennsylvania, under the
leadership of John Fries, a rebellion against the tax
law enacted by Congress in 1798, which had to be
quelled by United States regulars. Afterward some
of the States which at first disapproved of the
Kentucky and Virginia resolutions, found it con
venient to resort to them as authority for their right
to refuse obedience to obnoxious Federal acts.

In 1809 the State government of Pennsylvania
ordered out her militia to oppose the mandate of a
Federal court. In 1809-10, New England authorities
endeavored to prevent the operation of the restric
tive system of Congress.3 In 1814 the Hartford
Convention, composed of delegates from Massachu
setts, Connecticut, Rhode Island, New Hampshire,
and Vermont, planting itself on the principles of
these resolutions, claimed the right to resist the

1 Life of A. Alexander, 188.

2 Appomattox Court House is twenty-seven miles from Charlotte Court
House, and the last cannon of the late war was distinctly heard at the
latter place. 3 Encyclopaedia of Political Science, etc., ii., 1050.

CLOSING SCENES. 615

measures of Mr. Madison's administration in the con
duct of the war then being waged with England, and
to resort to disunion as the ultimate remedy.1 In 1820
the State of Ohio opposed the operation of a branch
of the United States Bank within her borders.2

In 1832-3 South Carolina passed acts nullifying
the operation of the Tariff within her borders.3 In
1839 the Wisconsin Legislature, planting itself
squarely upon the Kentucky resolutions, resolved to
defy the decision of the Supreme Court declaring
null and void its personal liberty act.4 And in
1860-61 the Southern States, claiming the right of
sovereigns, determined to withdraw from the Union,
upon the election of Mr. Lincoln. Mr. Madison,
after death had broken the influence of Jefferson
over him, and South Carolina had threatened an
armed resistance to the United States, denied that
he meant to teach the right of a State to nullify a
Federal law, or to leave the Union, and declared
that nullification and secession were twin heresies
which should be buried in the same grave.5 Yet
these acts of actual or threatened resistance to Fed
eral authority were all professedly based on his
famous resolutions, and were claimed to be the log
ical conclusion from them as a premise.6 Mr. Mad
ison spent much of the latter part of his life in re
sisting this conclusion, and in discussing the nature
of the Federal government took very nearly the same
view of it that Mr. Henry had always insisted on.7

1 Encyclopaedia of Political Science, etc., i., 626. • Idem, ii., 1053.

a idem> « Idem.

s See his letters to N. P. Trist and others, and his article on Nullification
in vol. iv. of his Works.

6 See Works of Calhoun, i., Essay on United States Constitution.
1 See his Writings.

616 PATRICK HENRY.

It was not to be expected that Mr. Henry's patri
otic effort should be appreciated by Mr. Jefferson,
against whose theory of the Federal Government it
was directed. It in fact aroused his bitterest resent
ment, which found expression in a malignant attack
upon Mr. Henry's character. On May 14, 1799, he
wrote to Judge Archibald Stuart :

" The state elections have generally gone well.
Mr. Henry will have the mortification of encounter
ing such a mass of talents as he has never met be
fore, for from everything I can learn, we never had
an abler nor a sounder legislature. His apostacy
must be unaccountable to those who do not know
all the recesses of his heart." *

Nor did the death of Mr. Henry, nor the lapse of
time, soften his feelings. Appealed to by Mr. Wirt
to aid him with his reminiscences in the preparation
of a Life of Mr. Henry, he attempted to stab his
character to the death. Claiming to know the re
cesses of his heart, he wrote :

" About the close of the war, he (Mr. Henry) en
gaged in the Yazoo speculation, and bought up a
great deal of depreciated paper at two shillings, and
two shillings sixpence in the pound, to pay for
it. . . . After its (the Federal Constitution's)
adoption he continued hostile to it, expressing more
than any other man in the United States his thor
ough contempt and hatred of General Washington.
From being the most violent of all anti-Federalists,
however, he was brought over to the new constitu
tion by his Yazoo speculation, before mentioned.
The Georgia legislature having declared that trans
action fraudulent and void, the depreciated paper

1 MS. in possession of Hon. A. H. H. Stuart.

CLOSING SCENES. 617

which he had bought up to pay for the Yazoo pur
chase was likely to remain on his hands worth noth
ing. But Hamilton's funding system came most op
portunely to his relief, and suddenly raised his paper
from two shillings sixpence to twenty-seven shillings
sixpence the pound. Hamilton became now his
idol, and abandoning the Republican advocates of
the Constitution, the Federal government on Fed
eral principles became his political creed." 1

The reader of Mr. Wirt's book will at once recog
nize the influence these statements had upon the
author in its preparation. It would be difficult to
find sentences more compact with misrepresenta
tions. In examining them it should be remembered
that Mr. Jefferson wrote, in the same letter, that
after the year 1781, and therefore during the period
referred to in the foregoing extract, he had no per
sonal knowledge of Mr. Henry.

The only Yazoo speculation declared fraudulent
and void by the Georgia Legislature, was the sale
under the act of February 7, 1795, so declared in the
act of January 30, 1796, because of the bribery of
the Legislature of 1795. It has been shown that
Mr. Henry was not only not interested as a pur
chaser under the fraudulent act of 1795, but by
reason of it was utterly deprived of the lands his
company had purchased in 1789, under an act
never attacked as fraudulent. Nor was it possible
that Mr. Jefferson's statement as to Mr. Henry's
Georgia certificates could be true. In 1790 the
Virginia Yazoo Company paid on their purchase
$1,515 in currency.2 On December 12, 1791, they

1 Historical Magazine for August, 1867, 93.

8 American State Papers, Public Lands, i., 163.

618 PATRICK HENRY.

tendered the entire balance of their purchase money
in Georgia certificates, and acknowledged claims
against the State.1 The funding and assumption
act proposed by Hamilton, passed Congress August
4, 1790, through the influence, it will be remem
bered, of Mr. Jefferson, and gave to the Georgia
certificates an immediate increase of value.2 So
that when the Treasurer of Georgia, on December
12, 1791, refused these certificates, they already had
the increased value given them by the funding sys
tem of Hamilton, by which the United States as
sumed the debts of the several States incurred
during the war.

With this increased value given them in 1790, it
was not possible that the refusal of the Treasurer
of Georgia to take them in 1791, could have made
it likely that they would remain on Mr. Henry's
hands worth nothing. It is evident that Mr. Jef
ferson's desire to impute a dishonorable motive to
Mr. Henry has caused him to mistake dates, and to
place the act of Georgia of 1796 prior to the fund
ing system of Hamilton of 1790. The transactions
of Mr. Henry's land company in Georgia were fully
detailed in their memorial to Congress, and the re
port of a committee thereon, in 1803, while Mr.
Jefferson was President ; 3 and there can be no ex
cuse for his misrepresentation of Mr. Henry's con
nection with the Georgia purchases.4

Nor can he be excused for his other statements.
It has been seen that Mr. Henry opposed the adop
tion of the unamended Constitution, and that, as he

1 American State Papers, Public Lands, L , 163.

2 Randall's Jefferson, i., 606.

3 American State Papers, Public Lands, i., 160, etc.

4 For Jefferson's knowledge, see his Works, iii., 251.

CLOSING SCENES. 619

had pledged in the Convention, he afterward lived
under it as a good citizen. After it was amended,
he of course was more contented with it, although
he had failed to secure some of the most important
alterations. He recognized from the first its true
nature, and never denied to it the powers with
which it had been invested. At no time was it true
that he expressed hatred or contempt of General
Washington. His letters have been given, as far as
known, and in them, as on the floor of the Conven
tion of 1788, his references to him were marked
with the greatest respect and admiration. That he
was always his friend is stated by John Marshall
and Archibald Blair, who knew him well, and we
have the testimony of Washington himself that he
had no reason to believe he had ever been otherwise.1
Nor is there the slightest evidence that Hamil
ton's financial system changed Mr. Henry's political
attitude toward him. It has been seen that Mr.
Henry voted in the Legislature of 1790 for the reso
lution condemning the assumption act as unconstitu
tional, and that he afterward disapproved of one at
least of Hamilton's reports ; and we do not find him
at any time approving of Hamilton's construction
of Federal power. Indeed, Mr. Jefferson himself
had borne testimony to the fact that the financial
system of Hamilton had not changed Mr. Henry's
political views. In his letter to Colonel Monroe,
July 10, 1796, six years after the date of that sys
tem, he had charged Washington with endeavoring
to win Mr. Henry to the Federal party by offers of
office, and had added, " some impression is thought
to be made, but we do not believe it to be radical."

1 Letter to A. Blair, ante, 591.

620 PATRICK HENRY.

Similar testimony was borne by the Republican
Legislature which met the next fall and elected Mr.
Henry Governor of the State.

It would seem, therefore, that Mr. Jeiferson con
sidered Mr. Henry consistent in his political princi
ples until he took issue with him on the Kentucky
and Virginia resolutions of 1798 ; then for the first
time we find him calling Mr. Henry an apostate.
The difference between them touching these resolu
tions was not as to the manner in which the powers
vested in the Federal Government were to be exer
cised, for both agreed that Congress should be con
fined to the powers granted. Nor were they op
posed on the right of a legislature to protest against
a Federal act as unconstitutional. This Mr. Henry
had joined in doing. Their difference consisted in
their views as to the nature of the Federal Consti
tution. Mr. Jefferson held it to be only a compact
between sovereign States, each of whom had the
right to judge of its infraction, and of the remedy
to be resorted to, and if deemed proper, to resort to
nullification or secession. Mr. Henry, on the con
trary, considered that the United States Constitu
tion created a government under which the people
of the United States became one nation, as to the
objects embraced in that instrument ; and that, as
to these, the people of the several States had merged
their sovereignty into that of the whole. In his
estimation, therefore, the only right left to a State
to annul a Federal act or to dissolve the Union was
the right of revolution. That this was his construc
tion of the United States Constitution from the be
ginning, is made plain by his speeches in the Vir
ginia Convention of 1788. In these he declared

CLOSING SCENES. 621

again and again, that the plan contained in the in
strument was that of a consolidated government.
With his construction of the Constitution it was
adopted by Virginia and made binding on him.
And when, ten years afterward, he is found giv
ing it the same construction, he is charged with
being an apostate from his former principles. His
firm and patriotic adherence to his principles,
indeed, compares most favorably with the con
duct of Mr. Jefferson, and of his follower, Mr.
Madison, in whose political histories serious incon
sistencies might be pointed out, if it were worth
the while.

In truth, however, there was a radical difference
between Mr. Henry and Mr. Jefferson, as to what
was the foundation on which republican institu
tions in America must rest to be permanent. Mr.
Jefferson based his hope of American liberty upon
the success of the principles of the French Revo
lution. As late as 1799 we find him writing to
Judge Stuart, "The cause of republicanism triumph
ing in Europe can never fail to do so here in the
long run/' 1

Instead of trusting American liberty to the
mercy of unbridled passions, Mr. Henry looked to
the restraining and elevating principles of Christian
ity as the hope of his country's institutions. " Right
eousness alone can exalt them as a nation," was his
declared belief. Certain it is that Mr. Henry was
never conscious of any change in his political senti
ments touching the principles which underlie Ameri
can institutions. This is made clear by a message to
his friend, Judge Tyler, presented in the following

1 Letter of May 14, 1799, in possession of Hon. A. H. H. Stuart.

622 PATRICK HENRY.

extract from a letter of the Judge to Mr. Wirt.
He wrote of Mr. Henry :

" The close of his life was clouded in the opinion
of many of his friends, supposing he was attached
to the aristocratic party ; but however he might
have been misled in founding his opinions by mis
representations in his aged and infirm state, it was
impossible he could be an aristocrat. His princi
ples were too well fixed. ... I lament that I
could not see him before his death ; he sent me a
message expressing his desire to satisfy me how
much he had been misrepresented. i Men might differ
in ways and means, and not in principles,' said he." 1

Mr. Henry returned to Red Hill exhausted by
his trip, and was soon confined to his chamber. He
was unable to attend the election which was held
at the Court House on the first Monday in April,
and which resulted in his receiving a majority of
the votes cast. John Randolph was also elected
to Congress, and doubtless many of the good people
of Charlotte voted for both.

The intense resentment aroused in America by
the treatment of her Ministers to France, and the
warlike measures adopted by Congress, convinced
Talleyrand that he had committed a mistake, and
he communicated to Mr. Gerry, who had received
notice of his recall, that if the United States would
send new envoys they would be received. Presi
dent Adams, in consequence, sent to the Senate the
names of " Oliver Ellsworth, Chief Justice of the
United States, Patrick Henry, late Governor of

1 MS. See also Letters and Times of the Tylers, i., 183. The Judge
regarded the Federal as the aristocratic party.

CLOSING SCENES. 623

Virginia, and William Vans Murray, as Ministers
Plenipotentiary to the French Republic, for the
purpose of discussing and settling all controversies
between the two countries." They were at once
confirmed by the Senate. Timothy Pickering, the
Secretary of State, in sending Mr. Henry his com
mission,1 enclosed copies of the President's Messages
to the Senate of February 18, and 25, 1799,2 in-
dicating the conditions on which the new negotia
tion with France was to take place. These met the
approval of Mr. Henry, as is shown in his reply.
Raising himself from his sick bed he declined the
proffered honor in the following letter :

"CHARLOTTE COUNTY, April 16, 1799.

" SIB : Your favor of the 26th ultimo did not
reach me till two days ago. I have been confined
for several weeks by a severe indisposition, and am
still so sick as scarcely to be able to write this.

u My advanced age and increasing debility compel
me to abandon every idea of serving my country,
where the scene of operation is so far distant, and
her interests call for incessant and long-continued
exertion. Conscious as I am of my inability to dis
charge the duties of envoy, (fee. to France, to which
by the commission you send me, I am called, I here
with return it.

" I cannot, however, forbear expressing on this oc
casion, 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 event-

1 See his letter dated March 25th, 1799, in the Virginia Historical Reg
ister, 11-20.

* G-ibbs'B Administrations of Washington and Adams, ii., 203-205.

624 PATRICK HENRY.

ful, is an agreeable and flattering proof of their
consideration toward 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.

" With sentiments of very high regard, &c.,

"P. HENRY.

" To the PRESIDENT OP THE UNITED STATES."

It was not long before his disease developed
alarming symptoms. Dr. George Cabell, of Lynch-
burg forty miles distant, an eminent physician, was
sent for, and remained with him. Early in June,
his daughter, Mrs. Martha Fontaine, living in
Henry County, received a letter from him beginning,
" Dear Patsy, I am very unwell, and Dr. Cabell is
with me." Upon this alarming intelligence, she and
others of his kindred in that neighborhood made all
haste to go to him. They found him sitting in a
large old-fashioned arm-chair, in which he was easier
than in bed. His children beyond Richmond were
detained by the sudden illness of Mrs. Anne Roane
while on a visit to her sister, Mrs. Aylett. The re
sult was conveyed in a letter from Judge Roane
dated May 24, in which he said :

" The cup of my misery, my dear sir, is now full,
by the loss of my most amiable, virtuous, and affec
tionate consort, your dutiful and affectionate daugh
ter."

This letter was received June 1, and Mr. Henry
was so ill that it was deemed best not to break the
sad tidings to him. He was entirely conscious of

CLOSING SCENES. 625

his condition, and was perfectly calm, at the pros
pect of death. To the dear ones who tenderly
watched by his side, he said, with great solem
nity, "Oh, how wretched should I be at this mo
ment, if I had not made my peace with God ! " l
His frame had become wasted by continued ill-
health, and he was now afflicted with intussuscep
tion, which was to prove fatal.

The following graphic account of his last mo
ments has been preserved from the narration of his
grandson, Patrick Henry Fontaine, who was present :

" On June 6, 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 : 4 1 am sorry to say, governor,
that it is. Acute inflammation of the intestines has
already taken place ; and unless it is removed mor
tification will ensue, if it has not already commenced,
which I fear.' l What will be the effect of this
medicine ? ' said the old man. ' It will give you im
mediate 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 an
swered : l You can only live a very short time with
out it, and it may possibly relieve you.' Then
Patrick Henry said", ' Excuse me, doctor, for a few
minutes ; ' and drawing 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 child
like prayer for his family, for his country, and for
his own soul then in the presence of death. After-

1 Evangelical Magazine, L, 80.

626 PATRICK HENRY.

ward, in perfect calmness, he swallowed the medi
cine. 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 pa
tient, whom he found calmly watching the congeal
ing 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
(rod, which, having blessed him 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 those 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." l

Thus passed from time to eternity the immortal
spirit of PATRICK HENRY.

With no pomp or ceremony, but amid the tears
of his devoted family and loving neighbors, Patrick
Henry was laid to rest in the quiet graveyard at
Red Hill, at the foot of the garden.

A plain marble slab covers his grave, on which are
inscribed his name, the dates of his birth and deatl^
and the words, " His fame is his best epitaph."

News of his death soon spread throughout the

1 Tyler's Henry, 376, from Fontaine MS.

CLOSING SCENES. 627

country and called forth the most heartfelt expres
sions of grief.

The Virginia Gazette of June 14, 1799, appeared
in mourning and contained the following obituary
notice :

"On the 6th inst. departed this life PATRICK
HENRY, Esquire, of Charlotte County.

^ " Mourn, Virginia, mourn ! Your Henry is gone !
Ye friends to liberty in every clime, drop a tear.

" No more will his social feelings spread delight
through his happy house.

" No more will his edifying example -dictate to
his numerous offspring the sweetness of virtue, and
the majesty of patriotism.

" No more will his sage advice, guided by zeal
for the common happiness, impart light and utility
to his caressing neighbors.

" No more will he illuminate the public councils
with sentiments drawn from the cabinet of his own
mind, ever directed to his country's good, and
clothed in eloquence sublime, delightful, and com
manding.

" Farewell, first-rate patriot, farewell !

" As long as our" rivers flow, or mountains stand
— so long will your excellence and worth be the
theme of homage and endearment, and Virginia,
bearing in mind her loss, will say to rising genera
tions, imitate my HENRY."

It was related of General Henry Lee, that, " seated
at a convivial board when the death of Patrick
Henry was announced, he called for a scrap of
paper, and in a few moments produced a striking
and beautiful eulogium upon the l Demosthenes
of modern liberty.' " l This production has been

1 Recollections of Washington, by G. W. P. Custis, 362.

628 PATRICK HENRY.

lost,1 but its character may be learned from the
passage from Shakespeare with which it is said
to have commenced.

" Hung be the heavens with black, yield clay to night !
Comets, importing change of times and states,
Brandish your crystal tresses in the sky,
And with them scourge the bad revolting stars,
That have consented unto Henry's death ! "

The distress at his death and his loss at the criti
cal period at which it occurred, was universal among
the Federalists, who were counting so much on his
influence in the coming Assembly. General Edward
Carrington wrote to Washington, on the report of
his declining health: "His death, or even inability
to attend the Legislature would be truly deplor
able." 2

Ralph Wormely, upon the first and false report
of his death, wrote to Washington :

" Report (too well founded, I fear) announces the
death of Mr. Patrick Henry. He died, it is said, the
day after he was elected a delegate to the Assembly.
Alarmed and indignant at the measures of the ma
jority of the late Assembly, he offered himself and
was elected, and intended to exert all the force of
his eloquence to endeavor to change the temper of
the delegates, should that of the present members be
similar to that of their predecessors. He is surely a
great public loss ; at this crisis and with this dispo
sition, what mighty good would not such a man,
with his great powers of oratory and known charac
ter of integrity, have wrought ! " 3

1 General Robert E. Lee, a son 06 General Henry Lee, so wrote the au
thor.

'2 Letter dated April 25, 1799, in State Department at Washington.
3 Letter, May 12, 1799, idem.

CLOSING SCENES. 629

John Marshall wrote June 12, 1799 :

" Virginia has sustained a very severe loss, which
all good men will long deplore, in the death of Mr.
Henry. He is said to have expired on Thursday

last."1

We have seen the strong expression of Washing
ton's feelings on receiving this sad intelligence. The
appreciation of his loss was by no means confined,
however, to the Federalists. The Republicans felt
relieved, that he would not antagonize on the floor
of the Assembly their lauded resolves of 1798 ; but
some of the nobler men of the party did not allow
political antagonism to lessen their veneration for
his character, or their appreciation of his great ser
vices. Of this class we have an example in Judge
Tyler, as appears by the following letter congratu
lating James Monroe on his election as Governor of
Virginia.2

"GREEN-WAY, Decr. 27, 1899.

" DEAR SIR : After the bustle is a little over I set
down to congratulate you on the Signal victory you
have obtain'd over your Enemies ; and also for that
which is gained by Truth over Falsehood & Democ
racy over Tyranny all over the world. i Vive la
Republique.'

" I hope you are well and your good Lady and
children, and I hope also to see you all with a few
of the Chosen at Green-way in the course of the
year, such as Randolph, Foushee, &c., &c.

" I have not time to compare the characters of
Washington and Henry, or I would clearly show

1 Letter to Washington, in State Department at Washington.
a MS. in State Department.

630 PATRICK HENRY.

that fewer blunders fell to the share of the latter
than the former, and yet I have no objection to pay
ing a tribute to the past services and virtues of
either. Your friend & Serv*,

" JNO. TYLER.

" To THE HON'BLE JAMES MONROE, Esqr.

" Governor of Virginia, Richmond"

With such testimonials to the esteem and affec
tion entertained for him by his countrymen, we can
give no credence to the statement of Mr. Jefferson,
in his often cited letter to Mr. Wirt, that " Mr.
Henry's apostacy sunk him to nothing in the estima
tion of his country." The apostacy was in Mr. Jef
ferson's imagination, and the disfavor was confined
to him and the bitterest of his partisans. This was
manifested in a most indecent manner at the next
session of the Legislature, when a resolution for the
execution of a marble bust of Mr. Henry, to be
placed in the hall of the House of Delegates, was
laid on the table by Republican votes. But this
feeling was changed within less than twenty years.
Mr. Wirt wrote in 1817, u The sentiments now so
universally expressed in relation to Mr. Henry,
evince that the age of party resentment has passed
away, and that that of the noblest gratitude has
taken its place." Reverence for his character has
continued to increase as years have passed, and
when, in 1850, the names of the men were selected
whose figures should surround the equestrian statue
of Washington to be erected in the Capitol Square,
at Richmond, the name of Patrick Henry was one of
the first determined on. And, as though Nemesis
had ordered it, the bronze figures of Henry and
Jefferson were unveiled, along with that of Wash-

CLOSING SCENES. 631

ington, on February 22, 1858, before a people who
honored the memory of Henry not less, certainly,
than that of Jefferson.

By- Mr. Henry's first marriage there were six
children — John, William, Edward, Martha, who
married John Fontaine, Anne, who married Spencer
Roane, and Elizabeth, who married Philip Aylett.
Of these, John, Edward, and Anne died before their
father. By his second marriage there were eleven
children — Dorothea Spotswood, who married George
D. Winston, Sarah Butler, who married first Robert
Campbell, a brother of the poet, and afterward
Alexander Scott, Martha Catherine, who married
Edward Henry, Patrick, Fayette, Alexander Spots-
wood, Nathaniel, Richard who died in infancy, Ed
ward Winston, John, and Jane Robertson, who died
four days after her birth.

Mr. Henry left a will dated November 20, 1798,
and written throughout with his own hand. By
it he divided a large estate between his widow
and children, sufficient to make them independent.
After disposing of his estate, he added these words :

" 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."

Along with his will there was found, as has been
stated, a copy of his resolutions of May 29, 1765,
against the Stamp Act, sealed up and directed to his
executors. He seemed to care for the preservation
of no other evidence of his public service. The
endorsement was his parting address to his country
men. After describing the circumstances of their

632 PATRICK HENRY.

presentation and adoption, and stating that they es
tablished the point of resistance to British taxation,
and brought on the war which established Ameri
can independence, he added these memorable words,
which cannot be too often recalled by every Ameri
can citizen :

" 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 practise virtue thyself, and en
courage it in others.

"P. HENRY."

APPENDIX I.

DESCENDANTS TO THE FOURTH GENERATION OF SARAH WIN
STON, DAUGHTER OF ISAAC WINSTON (A WELSH
EMIGRANT) AND MARY DABNEY.1

SARAH WINSTON, married, first, Colonel Joan Syme, a Scotch emi
grant ; issue :
I. John, m. 1st, Miss Meriwether ; issue :

i. Sarah, m. Col. Samuel Jordan Cabell ; issue :
1. William Syme, m. Elizabeth Payne ; issue :

a. Alexander Spotswood, m. Miss Payne.

b. Mildred, m. 1st, Joseph K. Green ; 2d, Maj.

Lewis Cart wright ; had by both marriages
issue.

c. Samuel J., m. Mrs. E. S. Avery ; issue.

d. Paulina B., m. George Whitlock ; issue.

e. Margaret W., m. John Higginbotham ; issue.

f. Patrick Henry, m. Miss Lee ; issue.

g. George W., m. Mary A. Anthony ; issue,
h. Nicholas Meriwether, d. unm.

i. Emeline S., m. 1st, B. E. Scruggs; 2d, Kev.

Andrew Hart ; no issue,
ii. Mildred, d. unm.
iii. John, d. unm.

iv. Nicholas, m. Miss Johnson ; issue.
John Syme, m. 2d, Sarah Hoops ; issue.

v. Jane Isabella, m. 1st, John Thompson ; 2d, John T. Swann.
vi. Ann Maria, m. Jonah Riddick ; issue,
vii. Elizabeth, m. George A. Fleming ; issue :

1. William, d. unm.

2. Thomas, d. unm.

3. Adam, d. unm.

1 Many of the following- list have been distinguished, and some greatly
so, but for fear of doing injustice to those nob so well known to the
author, he has simply given titles, when known, leaving it to the intelli
gent reader to recognize those who have attained eminence.

634 APPENDIX I.

4. John S., m. Indiana Bowden; issue :

a. William Bowden, m. Caledonia Anderson ; issue.

b. Frederick Nasau, d. unm.

c. John S., m. Elizabeth Y. Barret ; no issue.

5. George Augustus, m. Mary Coleinan ; issue :

a. Mary E., m. Samuel Schooler ; issue.

b. Malcolm W., m. Miss Deane ; issue.

c. Sarah Jane, m. Prof. Leroy Brown ; issue .

d. George W., m. Ann Ambler ; issue.

e. Vivian M. , m. Miss White ; issue.

6. Martha, d. unm.

7. Syme, m. ; issue.

SAKAH WINSTON, married, second, Colonel John Henry, a Scotch

emigrant ; issue :
II. William, Major in the Revolution, m. Alice Taylor ; issue a

daughter, who left no issue.
III. Patrick, m. 1st, Sarah Shelton ; issue :
$t i. Martha, m. Col. John Fontaine ; issue :

1. Patrick Henry, m. Nancy Miller ; issue :

a. Edward, m. A. Swisher.

b. Charles D. , m. S. Dandridge.

c. Martha, m. W. Perkins.

d. Nancy, m. J. Brooke.

e. Elizabeth, m. E. Winston.

f. Mary B., m. Jesse Perkins.

2. Charles D., m. Nancy Carrington.

3. Martha H., m. N. W. Dandridge; issue :

a. Charles F., m. McGehee.

b. William F., m. Stith.

c. Anna, m. W. Hereford.

d. Martha, m. R. Bolton.

e. Henry.

f. Nathaniel West, m. H. Wylie.

g. Rosalie, m. W. D. Bradford.

4. William Winston, m. Martha Dandridge ; issue :

a. William Spotswood, m. Sarah S. Aylett ; issue.

b. Patrick Henry, m. Sarah Cole ; issue.

c. Sarah Ann, m. E. B. Redd ; issue,
ii. John, m. ; issue :

1. Edmund, m. ; issue :

a. John.

b. Martha.

c. Patrick.

d. Edmund.

e. Richard.

APPENDIX I. 635

f. Winston.

g. William,
h. Fayette.
i. Charles,
j. S. Ann.

k. Nathaniel.

1. Virginia, m. Hinsworth.

m. Letitia.

iii. William ; no issue,
iv. Anne, m. Judge Spencer Koane ; issue :

1. William Henry, U. S. Senator, m. 1st, Selden ;

no issue ; m. 2d, Sarah Ann Lyons ; issue :
a. Sarah, m. Edward C. Harrison ; issue.

2. Patrick, d. without issue.

3. Fayette, d. without issue.

4. Patrick Henry, m. ; issue.

5. Julia ; no issue.

6. Anne ; no issue.

v. Elizabeth, m. Philip Aylett ; issue :

1. Philip, m. Judith Page Waller ; issue :

a. Patrick Henry, m. Emily Rutherford ; issue.

b. Benjamin W.

c. Cora Dandridge.

d. Pattie W., m. 1st, Dr. P. H. Cabell ; 2d, Mr.

Bliss ; 3d, H. Ware ; no issue now living.

e. Rosalie, m. N. D. Sampson ; issue.

f. William R., m. Alice R. Brockenbrough ; is

sue.

g. Anne Henry.

2. Patrick Henry, unm.

3. William.

4. Martha D., m. Capt. Edward Duncan.

5. Anna Henry, m. Thomas Moore ; issue :

a. Anna H., m. W. G. Gwathmey.

b. Elizabeth, m. Melton.

6. Sarah Shelton, m. Wm. Spotswood Fontaine ; issue :

a. William Winston, m. Mary Burroughs ; issue.

b. Maria D., m. Dr. I. H. Redd ; no issue.

c. Patrick Henry, m. N. E. Redd ; issue.

d. Philip Aylett, unm.

e. Charles D., unm.

f. Sarah, m. Henry Sampson ; issue.

7. Mary Macon, m. Philip Fitzhugh ; issue :

a. Patrick H. , m. Mary Christian ; issue.

b. Elizabeth, m. Col. Robert Curtis ; issue.

APPENDIX I.

c. Lucy, m. Samuel C. Redd ; issue.

d. John (Major in Mexican War), in. Hattie Bullitt ;

issue.

e. Philip A., in. Georgia Tankard ; issue.

f. Edwin (killed in Central America following Gen.

Walker).

g. Lafayette H., m. E. Semple ; issue,
h. Thaddeus, rn. Julia Horsey ; issue,
i. Mary.

vi. Edward, d. unm.
Patrick Henry, in. 2d, Dorothea Dandridge ; issue :

vii. Dorothea Spotswood, m. George D. Winston ; issue :

1. Edmund, m. Louisa Fontaine ; issue :

a. William.

b. Nancy.

c. Dorothea.

d. Patrick H.

2. William, nnm.

3. Edward, m. Susan Reynolds ; issue :

a. Prior.

b. Sallie B., m. Charles Dandridge ; no issue.

c. Dorothea.

4. Sallie Butler, m. Charles Dandridge ; no issue.

5. Fayette, m. Martha Dix ; issue :

a. Lucy, m. Hoffman ; issue.

b. Elvira, m. Bishop J. C. Granberry ; issue.

6. Patrick Henry, unm.

7. George, unm.

8. James, unm.

9. Elvira Virginia, m. Jas. W. Crenshaw ; issue :

a. Virginia, m. Jas. W. Harper; issue.

b. Elvira, m. Jas. C. Marvin ; issue.

c. Sallie Winston, m. John Miller ; issue.

d. Dorothea E., m. David F. Smyer ; no issue.

e. Patrick H., m. Lula Mack ; issue.

viii. Sarah Butler, m. 1st, Robert Campbell, brother of the
poet Thomas Campbell ; no issue ; m. 2d, Alexander
Scott ; issue :

1. Henrietta, m. Wm. H. Bailey ; issue.

2. Catherine, m. Dr. Robert Scott ; issue.

3. Patrick Henry, m. Mary Yancey ; issue,
ix. Martha Catherine, m. Edward Henry ; issue :

1. Dorothea, d. unm.

x. Patrick, m. Elvira Cabell, daughter of Win. Cabell, of
Union Hill ; issue :

APPENDIX I. 637

1. Elvira, m. Wm. H. Clark ; issue :

a. Elvira, m. Augustine Claiborne ; issue.

b. Nannie, m. Thos. Bruce ; issue.

c. John, m. Miss Coleman ; issue.

d. Patrick, d. unm.

e. Eliza, m. Alfred Shields ; no issue.

f. Martha, m. Lyle Clark ; issue.

g. Ellen, m. George Lee ; issue,
h. Rosa. m. Mr. Wilkins.

xi. Fayette, m. Miss Elcan ; no issue.

xii. Alexander Spotswood, m. Paulina J. Cabell ; issue :

1. George Lafayette, m. Margaretta Mason ; issue :

a. John, unm.

b. Marion P., m. Fanny Henry ; issue.

2. John Robert, m. Lizzie Edwards ; issue :

a. Sallie S., unm.

b. William K., m. Fanny Harper ; issue.

c. Lizzie, m. Reuben Witcher ; issue.

d. Fanny, m. Marion F. Henry ; issue.

e. Daniel, unm.

f. Patrick, in. Mary Anderson.

g. Gillie, unm.
h. Nettie unm.

3. Paulina, m. Bartlett Jones ; issue :

a. Cabell H.

4. Patrick, m. Clara F. Yancey ; no issue.

5. Sally Winston, m. Dr. Geo. C. Carringtou ; issue

a. J. Mettauer, m. Fanny Toot ; issue.

b. Sue Cabell, m. Rev. A. Y. Hundley ; issue.

c. Charles C., m. Sally H. French ; issue.

d. Sally C., m. J. W. F. Bealle ; issue.

e. Richard B., m. Ida Harrison ; no issue.

f. Walter C., m. Nettie Bauhan.

6. Lewis Cabell, d. unm.

7. Laura S., d. unm.

8. Maria Antoinette, m. A. L. Hambrick ; no issue.

9. Marion F., m. Samuel Tyree ; no issue,
xiii. Nathaniel, m. Virginia Woodson ; issue :

1. Captain Patrick M., m. Susan Robertson ; issue :

a. Sallie, m. Davis.

b. Emma.

c. Victoria.

2. Lucy, m. 1st, John Card well ; issue :

a. Wyatt Henry, unm.

b. Mary Virginia, m. P. Peck ; issue.

038 APPENDIX I.

c. Wiltshire, m. Elizabeth Arney ; issue.

d. Elvira, unm.

e. Annotte Leslie, m. Henry Curtis ; issue.

f. John, m. Ellen Esmack ; issue.

g. William Wirt Henry, m. Rachel Shriner ; is

sue.
Lucy, m. 2d, Chas. Rosser; no issue.

3. Mary, m. Garrett.

4. Martha, m. Ward.

5. Dorothea V., m. Beasley.
xiv. Richard, died in infancy.

xv. Edward Winston, m. Jane Yuille ; issue :

1. Dr. Thomas Y., m. Miss Cunningham ; issue.

2. Patrick Lafayette, m. Miss Tillinghast ; no issue.
X. Maria Rosalie, m. Dr. Wm. B. Lewis ; issue :

a. Louisa, m. Thos. W. Branch ; issue.

b. William, m. Lucy Easly ; issue.

c. E. W. Henry, m. Rosa D. Dickinson ; issue.

d. Anne Page, m. Jno. W. Collins ; issue.

e. Alexander S., d. unm.

4. Sarah, m. Wm. Armistead ; issue :

a. Adelia.

b. Edward Winston.

5. Lucy Dorothea, m. Octave Leighton ; issue :

a. Fayetta.

b. Alberta.

6. Celine, m. Robert Catlett ; issue :

a. Winston, d.

b. Robert Catlett, m. Jennie Daniel ; issue.

7. Ada B., m. John G. Smith ; issue :

a. Lucy, d. unm.

b. Rosalie, m. Wm. Smith ; no issue.

c. Georgia, m. Cobb.

d. Sarah, d. unm.

8. Edward Winston, m. Anne L. Ely ; issue :

a. D. Yuille.

b. Fannie.

xvi. John, m. Elvira McClelland (g. d. of Col. Wm. Cabell,

of Union Hill) ; issue :
1. Margaret Ann, m. Wm. A. Miller; issue:

a. Ella Henry.

b. Florence, m. John C. Dabney ; issue.

c. John Henry, m. Diana Hamilton.

d. David, d. unm.

e. William Price.

APPENDIX I. 039

f. Rosa Cabell.

g. William Wirt.

2. Elvira McClelland, m. 1st, J. A. Higginbotham, no

issue ; m. 2d, Alexander F. Taylor ; issue :
a. Robert.

3. William Wirt, m. Lucy Gray Marshall ; issue :

a. Elizabeth, m. James Lyons, jr. ; issue.

b. Lucy Gray, m. Mathew B. Harrison ; issue.

c. William Wirt.

d. James Marshall.

4. Thomas Stanhope, m. Mary Gaines ; issue :

a. Mary.

b. Thomas Stanhope.

c. Robert Gaines.

5. Laura, m. Dr. Jas. Carter ; d. without issue.

6. Emma Cabell, m. Maj. Jas. B. Ferguson ; issue :

a. Elvira.

b. James B., m. Endora Horner ; issue.
IV. Jane, m. Col. Samuel Meredith ; issue :

i. Samuel, m. Elizabeth Breckenridge ; issue :

1. Jane, unm.

2. Letitia, m. Col. W. S. Dallam.

3. Elizabeth, m. James Coleman.

4. Mary Cabell, m. Robert Breckenridge ; issue.

5. Sarah, unm.

ii. Sarah, m. Col. William Arniistead ; no issue.

iii. John Henry, unm.

iv. Jane Henry, m. Hon. David S. Garland ; issue :

1. Jane Meredith, m. Dr. John P. Cobbs ; issue :

a. Mary, m. Stewart.

b. Robert Lewis, unm.

c. John.

d. Jane Henry, m. Franklin Thwing ; issue :

2. Ann Shepherd, m. Dr. G. A. Rose ; issue :

a. Dr. Landon, m. Holbrook.

3. Sarah Armistead, m. William M. Waller ; issue :

a. Jennie, in. William Waller.

4. Samuel Meredith, m. Mildred J. Powell ; issue :

a. Mildred J., m. Col. J. T. Ellis.

b. Martha H., m. Col. Thomas Whitehead ; issue.

c. James P., m. Lucy V. Braxton ; issue.

d. Ella Rose, m. Henry W. Wills.

e. Jane, M., m. W. H. Wills.

f. Sally, unm.

g. David S., unm.

640 APPENDIX I.

h. Waller, unm.

i. Paulus Powell, m. Lucy Ellis.

j. Elizabeth P., m. Eev. E. T. Wilson.

5. Mary Rice, m. Col. Edward A. Cabell ; issue :

a. William Meredith, m. Mildred K. Eldridge ; no

issue.

b. David S. G., unm.

c. Dr. Patrick Henry, m. Pattie W. Aylett.

d. Edward Paul, d. in infancy.

e. Jane Meredith, m. Capt. N. H. Van Zandt, U. S.

and C. S. Navy ; issue.

f. Mayo, d. in infancy.

g. Paul Carrington, unm.

6. William H., m. Miss Eubank.

7. Eliza V., m. George K. Cabell.

8. Patrick Henry, m. Miss Floyd.

9. Louisa F., m. Prof. Landon C. Garland ; issue.

10. Caroline E., unm.

11. Martha, unm.

V. Sarah, m. Thomas Thomas, of Bristol, England.
VI. Susannah, m. Genl. Thomas Madison ; issue :
i. Agatha, in. Henry Bowyer ; issue :

1. John Madison, m. Lucy Lewis, daughter of Genl.

Andrew Lewis ; no issue.

2. Ann, m. Harold Smythe ; issue :

a. Thomas.

b. Alexander.

c. William.

d. Henry.

e. Robinson.

f. Darthula.

g. Agatha,
h. Fanny.

i. Emeline.

3. Mary, m. Charles L. Crockett ; issue :

a. Robert, unm.

b. Madison, m. Miss Patton ; issue.

c. Lucian, unm.

d. Edward, unm.

e. Maria, m. Dr. Gleaves.

f. Mary, unm.

g. Josephine, unm.

4. Henry Winston, m. Matilda Breckenridge, daughter

of Genl. James Breckenridge ; issue :
a. Henry, killed in Mexican War.

APPENDIX I. 641

b. Edmund F.

c. Woodville, m. Anne Woltz.

d. James T.

e. Nannie, m. Dr. Woodson.

f. Elizabeth.

g. Mary, m. Wm. Penn.
h. Letitia.

5. Susan, m. John M. Lewis ; issue :

a. Clinton.

b. Elden.

c. John.

d. lanthe, m. Dr. Woodson, of Texas ; issue.

6. Emeline, m. Judge Edward Johnston ; issue :

a. Henry, m.; issue.
ii. Patrick Henry, d. unm.

VII. Mary, m. Luke Bowyer ; no issue.

VIII. Anne, m. Colonel William Christian ; issue :
i. John Henry, d. unm.

ii. Priscilla, m. Alexander Scott Bullitt ; issue :

1. Anne, m. John Howard ; issue :

a. Wm. B., m. Maria Strother ; issue.

b. Anne Christian, m. Eobert G. Courtenay ; issue.

2. Helen Scott, m. 1st, Henry Massie ; 2d, John L.

Martin ; 3d, Colonel Marshall Key ; no issue.

3. Cuthbert, m. Harriet Willet ; issue :

a. Henry M., m. 1st, Julia Anderson ; 2d, Mrs.

Sarah Paradise ; issue.

b. Willet, m. ; issue.

c. Cuthbert, m. Helen Willard ; issue.

d. Priscilla, m. Archibald A. Gordon ; issue.

e. Wm. Grigsby, unm.

f. Helen, m. Dr. James Lowry ; issue.

g. Anne Eliza, m. Lafayette Fitzhugh ; issue,
h. Harriet, m. John Fitzhugh.

4. William Christian, m. Mildred Ann Fry ; issue :

a. Judge Joshua Fry, m. Elizabeth E. Smith; is

sue.

b. Alexander Scott, d. unm.

c. John C., m. Therese Langhorne; issue.

d. Martha Bell, d. unm.

e. Susan Peachy, m. Hon. Archibald Dixon ; issue.

f. David Bell, d. unm.

g. Helen Martin, m. Dr. Henry Cheneworth ; issue.
h. Thomas Walker, m. Anne P. Logan ; issue.

i. Henry Massie. m. Mary L. Frederick ; no issue.

642 APPENDIX I.

iii. Sarah Winston, m. John W. Warfield ; issue :
1. Anne, m. Blair ; issue :

a. Warfield ; no issue,
iv. Elizabeth, m. Richard Dickerson ; issue :

1. Anne, m. 1st, Aldritch ; 2d, Joseph Fore ; issue,

v. Anne H., m. Governor John Pope ; issue,
vi. Dorothea, m. Dr. Fishback ; no issue.
IX. Elizabeth, m. 1st, General William Campbell, commander at

King's Mountain ; issue :
i. Sarah B., m. Francis Preston ; issue :

1. William C. Preston, U. S. Senator, and President of

University of So. Car., m. ; no issue.

2. Elizabeth Henry, m. Genl. Edward Carrington ; is

sue :

a. Genl. Edward C., m. Miss Swope ; i issue.

b. Nannie P., m. H. P. Cochran ; issue.

c. Virginia P. , unm.

d. Col. Jas. McDowell.

3. Susan S., m. Gov. James McDowell; issue:

a. Dr. James, m. Lizzie Brandt ; issue.

b. Mary, m. Eev. Mr. Boss ; no issue.

c. Susan, m. Charles S. Carrington ; issue.

d. Sarah C. P., m. Bev. John Miller; issue.

e. A. Sophonisba, m. James Massie; issue.

f. Margaret Canty, m. Prof. Chas. S. Venable; issue.

g. Eliza H. P., m. Bernard Wolff; issue.

4. Anne Sophonisba, m. Bev. Bobert Jefferson Brecken-

ridge ; issue :

a. Francis Preston, d. in infancy.

b. Louisiana Hart, d. in infancy.

c. Mary Cabell, m. Wm. Warfield ; issue.

d. John, d. in boyhood.

e Sally Campbell, m. Bev. Geo. Morrison ; issue.

f. Bobert Jefferson (Col. C. S. A.), m. C. Morrison ;

issue.

g. Marie Lettice, m. Bev. W. C. Handy.

h. Colonel Win. Campbell Preston, LL.D., m. 1st,
Lucretia Clay ; 2d, Issa Desha ; issue.

i. Sophonisba P., m. Dr. T. Steele ; issue.

j. Genl. Joseph Cabell (U. S. A.), m. L. Dudley ;
issue.

k. Charles H. (Capt. U. S. A.), unm.

5. Marie T. C., m. John M. Preston ; issue :

a. John M., m. Margaret Lewis ; issue.

b. Chas. H. C., m. Lucy Lewis.

APPENDIX I. 643

6. Genl. John S., m. Caroline Hampton ; issue :

a. Mary P., m. Darby ; issue.

b. Sally B., m. Lowndes ; issue.

c. John P., m. C. Huger ; issue.

d. Susan H., m. Frost; issue

7. Thomas L., m. 1st, E. Watts; 2d, Anne Saunders ;

no issue.

8. Margaret B. F., m. Genl. Wade Hampton ; issue :

a. Sally C. P., m. Col. John C. Haskell ; issue.

b. Wade, m. ; no issue.
Elizabeth Henry, m. 2d, Genl. Wm. Russell ; issue :

ii. Jane Robertson, m. Dr. Wm. P. Thompson ; issue :

1. Eliza, m. Williams ; no issue.

2. Maria, m. Rev. D. R. McAnally ; issue :

a. Maria, m. Carter ; issue.

b. Two sons.

3. Three sons.

X. Lucy, m. Valentine Wood (Colonel in the Revolution) ; issue :
i. Henry, d. unm.

ii. Martha, m. 1st, Maj. Stephen Southall (a distinguished sol
dier in the Revolution) ; issue :

1. Dr. Philip Turner, m. 1st, Frances Lockett ; issue :

a. Stephen O. (Prof, of law in University of Va.) ; d.

unm.

b. Dr. Philip F., m. Eliza L. Goode; issue.

Dr. Philip Turner Southall m. 2d, Eliza Webster ; issue :

c. Anthony W., d. unm.

d. Joseph W. (Surgeon C. S. A.), m. Rosa Hatchett ;

no issue.

e. Giles M., d. in C. S. A., unm.

f. Frank W. (Capt. of Cavalry C. S. A.), m. Ellen

O'Sullivan; issue.

g. Valentine W. (Lt. C. S. A.), killed at Gettysburg,
h. John T., m. Fannie Walthall; issue.

i. William Wood, m. Janie Mosely ; issue.
j. Edward Henry.

k. Lucy Henry, m. 1st, Wm. M. Wood, issue ; m.
2d, Henry Miller ; no issue.

2. Valentine Wood, m. Martha Cocke ; issue :

a. William H., m. Elizabeth A. Allen ; issue.

b. James C., m. Eliza Sharp; issue.

c. Mary M., m. 1st, John Thompson Brown; 2d,

Prof. C. S. Venable, of University of Va. ; issue.

d. Lucy, m. Charles Sharp ; issue.

e. S. Valentine, m. Emily G. Voss ; issue.

644 APPENDIX I.

3. Lucy Henry, m. Charles Cutts (U. S. Senator) ; issue :

a. Samuel H., m. Maria Southall ; issue.

b. Stephen Southall, m. Anne Walker.

c. Martha Henry, d. unm.

4. Maria Wood, m. Nicholas B. VanZandt; issue:

a. Dolly Payne, m. John W. DeKrafft ; issue.

b. George C., m. Sarah Barbour ; issue.

c. Eosalie M., m. 1st, Canfield Smith ; 2d, James

M. Smith ; no issue.

d. Virginia.

e. Nicholas H. (Capt. in the U. S. and C. S. Navy),

m. Jane M. Cabell ; issue.

f. Joseph A., m. Gibertine Livingston ; issue.

5. William Wood, d. unm.

Martha Wood, m. 2d, Geo. Frederick Stras ; issue :

6. Emily, d. unm.

7. Joseph, m. Elinor L. Higginbotham ; issue :

a. Joseph, m. Mary E. Spotts ; issue.

b. Beverly W. , m. Harriet Spotts ; issue.

c. Martha E., m. Arthur D. W. Walton,
iii. Mary, m. Judge Peter Johnston ; issue :

1. John Warfield, m. ; issue :

a. John W. (Judge and U. S. Senator), m. N. Floyd ;
issue.

2. General Peter Carr, unm.

3. Charles Clement, m. E. M. Preston ; issue :

a. J. Preston (Lt., U. S. A., fell at Cherubusco), unm.

b. Elizabeth, m. Judge Bobt. W. Hughes ; issue.

4. Valentine, died in infancy.

5. Edward William, twice m. ; no issue.

6. Algernon Sydney, unm.

7. Beverly Bandolph, unm.

8. General Joseph Eggleston, of U. S. A. and C. S. A.,

m. Lydia McLane ; no issue.

9. Benjamin Franklin, unm.

10. Jane Wood, m. H. Michel ; issue :

a. Mary L., m. John F. Binckley ; issue.

b. Dr. William M., m. ; issue.

c. Susan S., m. Major Taliaferro ; issue,
iv. Valentine, d. unm.

v. Lucy, m. Edward Carter ; issue :

1. Mary Champe, m. Wm. H. McCulloch ; issue :

a. Edward.

b. Robert.

c. William.

APPENDIX I. 645

d. Lucy C., m. Col. E. E. Acock ; issue.

e. Champe, m. Emma Basset ; issue.

f. Bettie.

g. Kichard.
h. Charles.
i. George.

2. Champe, m. Miss Montgomery ; issue :

a. Thomas.

b. Edward H. m. 1st, S, Bostwick ; 2d, H. Rogers ;

issue.

c. Champe, m. Victoria Randolph.

d. Richard, m. Olivia Stanchfield ; issue.

e. Mary.

f. Charles L., m. Louisa Wright ; issue.

g. Josiah, m. ; issue.

3. Peter Johnston, m. Julia Taylor ; issue.

a. Peter, m. ; issue,

vi. John Henry, m. Elizabeth Spencer ; issue :
1. Mary E., m. Mr. Grinnell.

COBBECTION.
In volume 1, page 1, line 5, read John for James.

APPENDIX II.

LIST OF THE HOUSE OF BURGESSES WHEN PATRICK HENRY
TOOK HIS SEAT IN MAY, 1765.

The author is indebted to Mr. Worthington C. Ford, of Brooklyn, New
York, for this list so far as it is taken from an almanac of 1765 ; delegates
from new counties and to fill vacancies have been added.

Counties.

Delegates.

ACCOMACK THO. PABKAMOKB, SOUTHY SIMPSON.

ALBEMABLE THOMAS WALKER, JOHN FRY.

AMELIA DAVID GREENHILL, THOMAS TABB.

AUGUSTA ISRAEL CHRISTIAN, JOHN WILSON.

AMHERST WILLIAM CABELL, CORNELIUS THOMAS.

BRUNSWICK ISAAC ROWE WALTON, WILLIAM THORNTON.

BEDFORD WILLIAM CALLA WAY, JOHN TALBOT.

BUCKINGHAM ROBERT BOLLING, JOSEPH CABELL.

CAROLINE JOHN BAYLOR, EDMUND PENDLETON.

CHARLES CITY . . . WILLIAM KENNON, BENJAMIN HARRISON.

CHARLOTTE PAUL CARRINGTON, THOMAS READ.

CHESTERFIELD ARCHIBALD CARY, RICHARD EPPES.

CULPEPER JAMES BARBOUR, JOHN FIELD.

CUMBERLAND JOHN FLEMING, GEORGE CARRINGTON.

DINWIDDIE .ROBERT BOLLING, LEONARD CLAIBORNE, JR.

ELIZABETH CITY.. GEORGE WYTHE, WILLIAM WAGER.

ESSEX JOHN UPSHAW, JOHN LEE.

FAIRFAX GEORGE JOHNSTON, JOHN WEST.

FAUQUIER THOMAS MARSHALL, THOMAS HARRISON.

FREDERICK GEORGE WASHINGTON, GEORGE MERCER.

GLOUCESTER THOMAS WHITING, JOHN PAGE.

GOOCHLAND JOHN PAYNE, JOSIAS PAYNE.

HALIFAX NATHANIEL TERRY, ROBERT WADE.

HAMPSHIRE THOMAS RUTHERFORD, JAMES MERCER.

HANOVER JOHN SYME, JAMES LITTLEPAGE.

HENRICO BOWLER COCKE, JR. PHILIP MAYO.

JAMES CITY LEWIS BURWELL, PHILIP JOHNSON.

ISLE OF WIGHT. . .JAMES BRIDGER, DOLPHIN DREW.

KING GEORGE CHARLES CARTER, WM. CHAMPE.

rr.

APPENDIX II.

647

Counties. Delegates.

KING AND QUEEN. JOHN ROBINSON, SR., JOHN PENDLETON.

KING WILLIAM... BERNARD MOORE, CARTER BRAXTON.

LANCASTER CHARLES CARTER, RICHARD MITCHELL.

LOUDOUN FRANCIS LIGHTFOOT LEE, JAMES HAMILTON.

LOUISA THOMAS JOHNSON, PATRICK HENRY.

LUNENBURG WILLIAM TAYLOR, HENRY BLAGRAVE.

MECKLENBURG . . . EDMUND TAYLOR, ROBERT MUNFORD.

MIDDLESEX JOHN SMITH, RALPH WORMELEY.

NANSEMOND LEMUEL RIDDICK, WILLIS RIDDICK.

NEW-KENT RICHARD ADAMS, BUR WELL BASSETT.

NORFOLK WILLIAM BRADLEY, THOMAS VEAL.

NORTHUMBERL'D . SPENCER BALL, RICHARD HULL.

NORTHAMPTON JOHN HARMANSON, THOMAS DALBY.

ORANGE JAMES WALKER, JAMES TAYLOR.

PRINCE EDW'D. ..ABNER NASH, PETER LEGRAND.

PRINCE GEORGE. . RICHARD BLAND, RICHARD BLAND, JR.

PRINCESS ANNE. ..ANTHONY WALKE, EDW. HACK MOSELEY.

PRINCE WILLIAM. JOHN BAYLIS, HENRY LEE.

RICHMOND JOHN WOODBRIDGE, LANDON CARTER.

SOUTHAMPTON. . . .JOSEPH GRAY, BENJAMIN SYMMONS.

SPOTSYLVANIA ...FIELDING LEWIS, BENJAMIN GRYMES.

STAFFORD WILLIAM FITZHUGH, THOMAS LUDWELL LEE.

SURRY HARTWELL COCKE, THOMAS BAILEY.

SUSSEX DAVID MASON, JOHN EDMUNDS.

WARWICK WILLIAM DIGGES, WILLIAM HARWOOD.

WESTMORELAND.. RICHARD LEE, RICHARD HENRY LEE.

YORK THOMAS NELSON, JR., DUDLEY DIGGES.

COLLEGE OF WILLIAM AND MARY MR. MANN PAGE.

JAMESTOWN MR. EDWARD CHAMPION TRAVIS.

NORFOLK BOROUGH MR. JOSEPH HUTCHINGS.

WlLLIAMSBURG MR. ATTORNEY, JOHN RANDOLPH.

APPENDIX III.

A DECLARATION OF RIGHTS MADE BY THE REPRESENTA
TIVES OF THE GOOD PEOPLE OF VIRGINIA, ASSEMBLED
IN FULL AND FREE CONVENTION ; WHICH RlGHTS DO
PERTAIN TO THEM, AND THEIR POSTERITY, AS THE BASIS

AND FOUNDATION of GOVERNMENT.

[Unanimously adopted, June 12, 1776.]

1. That all men are by nature equally free and indepen
dent, and have certain inherent rights, of which, when they
enter into a state of society, they cannot, by any compact,
deprive or divest their posterity ; namely, the enjoyment of
life and liberty, with the means of acquiring and possessing
property, and pursuing and obtaining happiness and safety.

2. That all power is vested in, and consequently derived
from, the people ; that magistrates are their trustees and
servants, and at all times amenable to them.

3. That government is, or ought to be, instituted for the
common benefit, protection, and security, of the people,
nation, or community ; of all the various modes and forms
of government, that is best, which is capable of producing
the greatest degree of happiness and safety, and is most
effectually secured against danger of mal-administration ;
and that, when any government shall be found inadequate
or contrary to these purposes, a majority of the community
hath an indubitable, unalienable, and indefeasible right, to
reform, alter, or abolish it, in such manner as shall be
judged most conducive to the public weal.

4. That no man, or set of men, are entitled to exclusive
or separate emoluments or privileges from the community,

APPENDIX III. 649

but in consideration of public services ; which, not being
descendible, neither ought the offices of Magistrate, Legis
lator, or Judge, to be hereditary.

5. That the Legislative and Executive powers of the
state should be separate and distinct from the judiciary ;
and that the members of the two first may be restrained
from oppression, by feeling and participating the burthens
of the people, they should, at fixed periods, be reduced to
a private station, return into that body from which they
were originally taken, and the vacancies be supplied by fre
quent, certain, and regular elections, in which all, or any
part of the former members, to be again eligible, or unelig-
ible, as the laws shall direct.

6. That elections of members to serve as representatives
of the people, in Assembly, ought to be free ; and that all
men, having sufficient evidence of permanent common in
terest with, and attachment to, the community, have the
right of suffrage, and cannot be taxed or deprived of their
property for public uses, without their own consent, or that
of their representatives so elected, nor bound by any law
to which they have not in like manner, assented for the
public good.

7. That all power of suspending laws, or the execution of
laws, by any authority without consent of the representa
tives of the people, is injurious to their rights and ought
not to be exercised.

8. That in all capital or criminal prosecutions a man hath
a right to demand the cause and nature of his accusation, to
be confronted with the accusers and witnesses, to call for
evidence in his favor, and to a speedy trial by an impartial
jury of his vicinage, without whose unanimous consent he
cannot be found guilty, nor can he be compelled to give
evidence against himself ; that no man be deprived of his
liberty except by the law of the land, or the judgment of
his peers.

9. That excessive bail ought not to be required, nor ex
cessive fines imposed, nor cruel and unusual punishments in
flicted.

650 APPENDIX III.

10. That general warrants, whereby an officer or messen
ger may be commanded to search suspected places without
evidence of a fact committed, or to seize any person or per
sons not named, or whose offence is not particularly de
scribed and supported by evidence, are grievous and oppres
sive, and ought not to be granted.

11. That in controversies respecting property, and in
suits between man and man, the ancient trial by jury is
preferable to any other, and ought to be held sacred.

12. That the freedom of the press is one of the greatest
bulwarks of liberty, and can never be restrained but by
despotick governments.

13. That a well-regulated militia, composed of the body
of the people, trained to arms, is the proper, natural, and
safe defence of a free state ; that standing armies, in time
of peace, should be avoided, as dangerous to liberty; and
that, in all cases, the military should be under strict subor
dination to, and governed by, the civil power.

14. That the people have a right to uniform government ;
and therefore, that no government separate from, or inde
pendent of, the government of Virginia, ought to be
erected or established within the limits thereof.

15. That no free government, or the blessing 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.

16. That religion, or the duty which we owe to our Cre
ator, and the manner of discharging it, can be directed only
by reason and conviction, not by force or violence ; and
therefore all men are equally entitled to the free exercise of
religion, according to the dictates of conscience ; and that
it is the mutual duty of all to practise Christian forbearance,
love, and charity towards each other..

APPENDIX IV.

THE author received the following information from his
father, John Henry, the youngest son of Patrick Henry, in
regard to the Sully portrait, from which the etching in
the first volume has been made.

During the trial of the British Debt cause in the United
States Court at Richmond, a French artist attended, and
painted a miniature of Patrick Henry, representing him as
speaking. The artist presented the miniature, set in gold,
to Mr. Henry, who afterward gave it to the wife of his half-
brother, Mrs. John Syme. "While Mr. Wirt was preparing
his Life of Mr. Henry, he was allowed by the Flemings,
descendants of Colonel Syme, to have a portrait painted by
Thomas Sully, of Philadelphia, from this miniature. The
artist copied the miniature with some slight alterations as -to
the wig, suggested by Chief- Justice Marshall. The portrait
when completed was entrusted to Mr. James Webster, the
publisher of Mr. Wirt's " Life of Patrick Henry," in order
that it might be engraved for the forthcoming volume.
Afterward Mr. Wirt, while Attorney -General of the United
States, presented the portrait to John Henry, who was liv
ing at Red Hill with his mother. He was too young when
his father died to have remembered him, but his mother
and older brothers and sisters, pronounced it the best like
ness they ever saw of Patrick Henry. John Henry gave
this portrait at his death to the author.

As further evidence of its faithfulness, the following cer
tificates are reproduced. They were given by men who had
known Mr. Henry well. Judge Marshall and Mr. Corbin
had served with him in several deliberative bodies, and the
Rev. John Buchanan was the Episcopal rector in Richmond.

652

APPENDIX IV.

RE1

lOf

RETURN TO the circulation desk of any
University of California Library

or to the

NORTHERN REGIONAL LIBRARY FACILITY
Bldg. 400, Richmond Field Station
University of California
Richmond, CA 94804-4698

ALL BOOKS MAY BE RECALLED AFTER 7 DAYS
. 2-month loans may be renewed by calling

(510) 642-6753
. i-year loans may be recharged by bringing

books to NRLF
. Renewals and recharges may be made 4

days prior to due date.

•

DUE AS STAMPED BELOW

-w

12,000(11/95)

LJ>2lA-40m-ll,'63
(E1602slO)476B

General Library

University of Californis

Berkeley

YC 5081

GENERAL LIBRARY - U.C. BERKELEY

BQDD7271flS

"'/Vj

THE UNIVERSITY OF CALIFORNIA LIBRARY

Internet Archive Audio

Featured

Top

Images

Featured

Top

Software

Featured

Top

Books

Featured

Top

Video

Featured

Top

Mobile Apps

Browser Extensions

Archive-It Subscription

Save Page Now

Full text of "Patrick Henry; life, correspondence and speeches"

See other formats