The Road to Independence: Virginia 1763-1783 Part 2

The third event was the Parsons' Cause. This event reached the people, and in it the people found a spokesman--Patrick Henry. The Parsons'

Cause was an outgrowth of the Two-Penny Acts. Nearly all Virginia salaries and most taxes were paid in tobacco, rather than specie (hard money). Many officials, including the clergy, had their salaries set by acts of the a.s.sembly at a specified number of pounds of tobacco per year. In the case of the clergy this was a minimum of 16,000 lbs. per year. In the 1750's a series of droughts and other natural disasters brought crop shortages in some areas, driving tobacco prices well beyond normal levels. In 1753 and again in 1755 the a.s.sembly allowed taxpayers to pay taxes in either tobacco or specie at the rate of two pennies per pound of tobacco owed. On one hand this seemed eminently fair. The crop shortages worked a double penalty on the planter--he had little tobacco because of the weather, but he was forced to pay his taxes in valuable tobacco he did not have. On the other hand, the clergy and others protested they received no relief when tobacco was in oversupply and the price was low. More importantly, they had a contract which had been enacted into law and approved by the king. No a.s.sembly could repeal a law approved by the king without his approval. In 1753 and 1755 the issue faded away.

Then in 1758 the a.s.sembly pa.s.sed another Two-Penny Act, applying throughout the colony and to all officials and even to private debts.

Governor Francis Fauquier, although knowing that he could not put such a law into effect until the king had given his approval, decided he would do the politically expedient thing and signed the bill.

Fauquier reckoned without the tenacity of the clergy led by the Rev.

John Camm, a William and Mary college professor and parish pastor.

Camm, whom Fauquier called "a Man of Abilities but a Turbulent Man who Delights to live in a Flame", later became President of the college, rector of Bruton Parish Church, and a member of the council.

In 1759 he was determined to receive what he believed was his guaranteed salary. Camm believed the law unconst.i.tutional on two grounds: the a.s.sembly had pa.s.sed a law repealing one already approved by the king, and Fauquier had permitted the law to go into effect without the suspending clause period taking place. At the behest of many Anglican clergy, Camm went to England. Presenting the parsons'

case to the Bishop of London, who in turn forwarded the case to the Privy Council, Camm succeeded. The king declared the law unconst.i.tutional.

Virginians were outraged. Unlike the Pistole Fee, which touched most directly the larger planters and the burgesses, the Parsons' Cause enflamed the entire populace. Camm and a number of clergymen sued in county courts for back salary. They received little satisfaction.

Several county courts went so far as to declare the Two-Penny Act legal despite the king's disallowance.

Hanover County Court took a different tack. There the Rev. James Maury, Jefferson's field school teacher and hard-pressed father of 11 children, sued the vestry of Fredericksville Parish for his salary. The county court upheld his right to sue for claims and called for a jury trial to set the damages. Ironically, one of the clergymen who would benefit from a favorable verdict for Maury was the Rev. Patrick Henry.

Presiding over the county court on December 1, 1763, was his brother, John Henry. Defending the parish vestry was his nephew and namesake, and the son of the justice, Patrick Henry. Hanover County was a center of Presbyterianism and in the jury box undoubtedly sat men who already had a dislike for Anglican clergymen whose salaries they were compelled to pay but whose churches they did not attend.

Young Patrick Henry, in his first prominent trial, launched immediately into a scathing attack on the established clergy, calling them "rapacious harpies", men who would "s.n.a.t.c.h from the hearth of their honest paris.h.i.+oners his last hoe-cake, from the widow and her orphan children their last milch cow; the last bed, nay, the last blanket from the lyin-in woman". Having stunned his audience into silence, Henry turned his invective upon the king. Although the const.i.tutionality of the law was not an issue, because the county court had already decided it was const.i.tutional, Henry proceeded to excoriate the king himself for violating the English const.i.tution. His biographer, Robert Meade, notes:

Henry insisted on the relations.h.i.+p and reciprocal duties of the King and his subjects. Advancing the doctrine of John Locke as popularized by Richard Bland and other colonial leaders, he contended that government is a conditional compact, composed of mutually dependent agreements 'of which the violation by one party discharged the other'. He bravely argued that the disregard of the pressing wants of the colony was 'an instance of royal misrule', which had thus far dissolved the political compact, and left the people at liberty to consult their own safety.[9]

[9] Robert D. Meade, Patriot in the Making (Patrick Henry) (Lippincott: Philadelphia, 1957), 132.

The jury retired, and then returned with its verdict--one penny damages for Parson Maury. Henry had lost the legal case, he had won the battle for their minds and hearts.

Out of the Parsons' Cause in 1763 came four important developments: the Anglican clergy suffered an irreparable setback and loss of status; the House of Burgesses now closely scrutinized the instructions from king to governor; the suspending clause was seen as a direct challenge to colonial legislative rights; and Patrick Henry burst forth as the popular spokesman for Virginia rights, winning a seat in the 1765 election to the House of Burgesses. In 1763 few people were willing to accept his premise that the king had been guilty of "royal misrule". In a dozen years they would.

Thus, by 1763 the fundamental political principles which would bring Virginia to independence already had been proclaimed. They were not developed in response to British actions, but Virginia experiences.

They awaited only the specific challenges before they would be transformed into inalienable rights. Within a few months those challenges tumbled forth from Britain.

Part II:

The Road to Revolution,

1763-1775

[Sidenote: "_For imposing taxes on us without our concent...._"]

The Grenville Program, 1763-1765

In April 1763 George III had to abandon his chief minister and confidant, the hated Lord Bute, and turn the government over to George Grenville, leader of the largest Whig block in parliament and brother-in-law of William Pitt. Grenville's strengths were his knowledge of trade and public finance, a penchant for hard work and administrative detail, a systematic mind, and, in an era of corruption, integrity. His weaknesses were a cold personality and a limited conception of broad political and const.i.tutional issues. It was said that Grenville lost the American colonies because he read the dispatches from America and was well acquainted with the growing economic maturation and apparent ability of the colonies to bear heavier taxes. George III, who disliked Grenville immensely, the more so because he had been forced to accept the Whigs, described him as a man "whose opinions are seldom formed from any other motives than such as may be expected to originate in the mind of a clerk in a counting house." An astute observer might have told George that with the national debt at 146,000,000 and rising, a man with the logical mind of a counting clerk might be the answer. Still it was this logical mind which was Grenville's undoing. As British historian Ian Christie notes, "all the various provisions of the years 1763 to 1765 made up a logical, interlocking system. Its one fatal flaw was that it lacked the essential basis of colonial consent."[10]

[10] Ian R. Christie, Crisis of Empire, Great Britain and the American Colonies, 1754-1783 (Norton: New York, 1966), 54. The King's comment on Grenville is cited on p. 39.

Three overriding colonial problems faced Grenville: a new governmental policy for the former French and Spanish North American territories; a means to defend these territories from the avowed intentions of the French and Spanish to reestablish control; and a means to pay the costs of imperial government and defense.

Western Lands and Defense

There was an immediate need for English government in the former English and French lands. In October 1763 the Board of Trade proposed, and the king in council established, a temporary program for western lands. Under the Proclamation of 1763 a governor-general would run Quebec (an attempt to get the French colonists to use an elected a.s.sembly failed), the French were confirmed in their land grants, and the Roman Catholic Church was retained. East and West Florida became separate colonies. In the disputed lands beyond the Appalachians into which English settlers had moved as soon as General Forbes occupied Fort Duquesne in 1758 and where the Indians under Chief Pontiac were in rebellion against these incursions, no English settlers were allowed until permanent treaties could be worked out with tribes owning the lands.

The Grenville ministry had several aims for its western lands policy.

The Proclamation of 1763 would separate the Indians and whites while preventing costly frontier wars. Once contained east of the mountains, the colonials would redirect their natural expansionist tendencies southward into the Carolinas, Georgia, and Florida, and northward into Nova Scotia. Strong English colonies in former Spanish and French territories would be powerful deterrents to future colonial wars. There is no indication Grenville believed the Americans would be more easily governed if contained east of the mountains. His prime aim was orderly, controlled, peaceful, and inexpensive growth.

The Proclamation of 1763 hurt Virginia land speculators more than individual colonists. For the Ohio Land Company whose stockholders were mostly Northern Neck and Maryland gentry, including the Was.h.i.+ngtons and Lees, it was a crus.h.i.+ng blow to their hopes for regaining the Forks of the Ohio and lands on the southern bank of the Ohio granted to them by the crown in 1749. The rival Loyal Land Company led by Speaker Robinson, Attorney-General Randolph, and the Nelsons, lost their claims to the Greenbriar region, but with less invested, they had less to lose. Also dashed were the hopes of many French and Indian War veterans who had been paid in western land warrants for their service. Many veterans ignored the proclamation, went over the mountains, squatted on the lands, and stayed there with the concurrence of amiable Governor Fauquier. Most Virginians were little injured by the order for they fit into Grenville's plan for colonial growth. The general flow of Virginia migration after 1740 was southward along the Piedmont into the Carolinas or southwestward through the Valley of Virginia, not north and northwest to the Forks of the Ohio. In 1768 and 1770 by the treaties of Fort Stanwix (N.Y.) and Fort Lochaber (S.C.) the Six Nations and Cherokee Indians gave up their claims to the Kentucky country as far west as the Tennessee River. The Virginian occupation, led by John Donelson and Daniel Boone, quickly moved in through the c.u.mberland Gap. Not until the Quebec Act of 1774 thwarted their claims to land north of the Ohio did Virginians react strongly against British land policy.

To defend the new territories and maintain the old, Grenville proposed retaining 10,000 British troops in America, stationing them mainly in Halifax, Boston, New York, Philadelphia, and the West Indies from which they could be moved to trouble spots as needed. The British had learned from the unpredictable response by the colonies during the French and Indian War and the nearly disastrous Pontiac Rebellion in early 1763 that the colonies would not, or could not, provide cooperatively for their own defense even in the face of clear danger. There were too many inter-colonial rivalries and there was stubborn adherence to the English tradition that local militia was not to serve outside its own jurisdiction or for long periods of time. Moreover, the western lands were primarily an imperial responsibility. Thus, the decision was made to station British troops in America.[11]

[11] There are those who suggest the troops were sent to America on a pretext. The ministry, knowing it could not reduce the army to peacetime size in face of French threats, also knew there was strong English resentment against "a standing army" in England.

The colonial condition offered an excuse for retaining the men in arms See Bernhard Knollenberg, Origin of the American Revolution, 1759-1766 (New York, 1960), chapters 5-9.

In April 1765 parliament pa.s.sed the Quartering Act, similar to one in England, requiring colonies, if requested, to provide quarters in barracks, taverns, inns, or empty private buildings. Although the act did not apply directly to them, Virginians sided with the hard-hit New Yorkers who bitterly denounced it as another form of taxation without representation. So strong was the reaction in New York that her a.s.sembly virtually shut down rather than acquiesce. Finally the New Yorkers gave in, making the Quartering Act to New York what the Stamp Act was to Virginia, a symbol of "oppression and slavery." What parliament could do to one colony she could do to all.

A New Revenue Program

At the heart of the Grenville program were his financial schemes. The program had three parts: 1) to strengthen and enforce existing Acts of Trade; 2) to ease inflation and stabilize colonial trade with a uniform currency act; and 3) to raise additional revenue by applying stamp taxes to the colonies. Even then Grenville expected to raise only about one-half the expenses the new empire required. The rest would have to come from British sources.

To close the loopholes in the Navigation Acts and make them profitable, Grenville submitted the American Revenue Act of 1764, popularly known as the Sugar Act. Although the sugar trade provisions were the most dramatic example of a redirection in the Navigation Acts, the American Revenue Act contained radical departures from past att.i.tudes and practices. Heavy duties were applied to foreign goods allowed to enter the colonies directly, including white sugar, Madeira wine, and coffee.

Many goods formerly allowed to enter the colonies directly were placed on the list of enumerated articles which must pa.s.s through England before being s.h.i.+pped to the colonies. The act, although slightly reducing the duty on French West Indian foreign mola.s.ses, contained strict provisions for its collection omitted from the laxly enforced Mola.s.ses Act of 1733. The British fleet was stationed along the American coast to a.s.sist the customs service in enforcing the act.

Parliament created a new vice-admiralty court to sit at Halifax without a jury as an alternative to the colonial vice-admiralty courts whose juries were notoriously biased against the customs officers and whose judges often were colonials engaged in illicit trade.

In the Sugar Act, Grenville and parliament took the existing Navigation Acts and rea.s.serted parliamentary authority over imperial trade, reaffirmed the 17th Century colonial philosophy that the colonies existed to promote the welfare of the mother country and the empire, granted trade monopolies to British merchants and manufacturers where none existed before, and discriminated in favor of one set of colonies, the British West Indies, and against another set, the North American colonies. To this was added a new principle--the Navigation Acts should not only regulate trade, they should produce revenue. Cleverly designed within the const.i.tutional system, the Sugar Act brought howls of protests from New England and Middle Colony traders, smugglers and legitimate operators alike, who had flourished under the benevolence of "salutary neglect" for the past half-century. For many Americans the new act with its favoritism to British and West Indian merchants, its use of the navy as law enforcer, and the founding of a vice-admiralty court in Nova Scotia with jurisdiction over all America was an abuse of parliament's power. As events developed the Sugar Act was a failure.

The old act designed for regulatory purposes, cost approximately three times as much to enforce as the revenues collected; the new act, expected to produce annual revenues of about 100,000, averaged about 20,000 in revenues at an annual cost of over 200,000.

The Currency Act of 1764

Virginians, only indirectly effected by the Sugar Act, were deeply effected by the second part of the Grenville program--the Currency Act of 1764. During the French and Indian War Virginia had printed several paper money issues to finance the war and provide currency in the specie-short colony. The various issues, eventually totaling over 500,000, circulated for a fixed number of years and then were to be redeemed upon presentation to the treasurer, Speaker John Robinson. As the war lengthened and the number of paper money issues increased, considerable confusion developed over the amount of money outstanding, the rate of exchange, and its use as legal tender for personal debts as well as public taxes. Although backed by the "good will" of the General a.s.sembly, this money (called "current money") was discounted when used to pay debts contracted in pounds sterling. Although the official exchange rate set by the a.s.sembly was 125, Virginia current money equalled 130-165 per 100 sterling, averaging 155-160 in 1763 and early 1764. The citizens were compelled by law to accept inflated Virginia paper currency as legal tender for debts which they had contracted in pounds sterling. The fiscal problems were most critical in Virginia, but they also existed in most colonies outside New England whose colonies parliament restricted under a currency act in 1751. In response to pleas from London merchants, Grenville devised and parliament pa.s.sed the Currency Act of 1764, prohibiting the issuing of any more paper money and commanding all money in circulation to be called in and redeemed.

The result in Virginia was sheer consternation, especially among the hard-pressed Tidewater planters. In the process of calling in the money a severe currency shortage developed and some financial hards.h.i.+p occurred at the same time the Stamp Act took effect. More significant than the economic impact was the political impact of the Currency Act on Virginia politics and the political fortunes of key Virginians.

Among the many Virginians caught up in the Currency Act none was more involved than Speaker John Robinson. At his death in May 1766 an audit revealed ma.s.sive shortages in his treasurer's account books resulting from heavy loans to many Tidewater gentry and political a.s.sociates. The Robinson scandal brought about a redistribution of political leaders.h.i.+p in Virginia and brought into the leaders.h.i.+p circle the Northern Neck and Piedmont planters who formerly were excluded.[12]

[12] For a favorable and convincing view of Virginia's motives in pa.s.sing the paper money bills, see Joseph Ernst, "Genesis of the Currency Act of 1764, Virginia Paper Money and the Protection of British Investments", William and Mary Quarterly, 3rd ser., XXII, 3-32, and "The Robinson Scandal Redivius", Virginia Magazine of History and Biography, LXXVII, 146-173. Ernst is critical of Robinson's political use of the funds. For a more charitable view of Robinson's actions, see the outstanding biography by David Mays, Edmund Pendleton 1721-1803 (Harvard Press, 1952), 2 vols.

Pendleton was the executor of the Robinson estate.

The third facet of the Grenville revenue plan was the infamous Stamp Act. Grenville and his aides perceived the tax bill as a routine piece of legislation which would extend to the colonies a tax long used in Britain. Grenville announced in March 1764 the ministry's intention to present to the commons a stamp tax bill at the February 1765 session of parliament. He "hoped that the power and sovereignty of parliament, over every part of the British dominions, for the purpose of raising or collecting any tax, would not be disputed. That if there was a single man doubted it, he would take the sense of the House...." As another observer put it, "Mr. Grenville strongly urg'd not only the power but the right of parliament to tax the colonys and hop'd in G.o.ds Name as his Expression was that none would dare dispute their Sovereignty."[13]

The House of Commons, as quick as the Virginia House of Burgesses to proclaim its sovereignty rose to Grenville's bait and declared in a resolution of March 17, 1764 that "toward defending, protecting, and securing the British colonies and Plantations in America, it may be proper to charge certain Stamp Duties in the said Colonies and Plantations...." In that simple phrase parliament declared its full sovereignty over the colonies and from it never retreated.

[13] Both quotes cited in Edmund and Helen Morgan, The Stamp Act Crisis paperback edition (Collier Books: New York, 1962), 76.

This is the standard work on the Stamp Act.