Fredericksburg, Virginia 1608-1908/19
CHAPTER XIX.
Dr. Walker’s Exploration — Bacons Rebellion, so-called — The Fredericksburg Declaration — The Great Orator — Resolutions of Separation from Great Britain — Virginia Bill of Rights, &c.
It has been said probably by the facetious or perhaps by the envious — for such are to be found in all communities — that Virginians are noted for their bragging — that find them where you may, at home surrounded by friends and companions, or abroad among strangers and aliens — bragging is their distinguishing characteristic. It is not probably known whether this charge has ever been investigated and passed upon by any competent authority, but if it has been, and the charge was pronounced true — or if the truth of the charge were admitted by the parties themselves, they can plead justification, and should be readily excused upon the ground that they really have something to boast of in the patrio- tism, endurance, sacrifices and achievements of a glorious ancestry. If the people of other parts of the country have whereof to boast, Virginians have more, and those in that part of Virginia in which Fredericksburg is located may well take the lead.
In this and the two succeeding chapters we propose to show what has been accomplished for this great country by the sons of Virginia, who have lived in Fredericksburg and within a radius of sixty or seventy-five miles of Fredericksburg, and show that in the extension of the borders of our infantile country, in protecting the settlers from the ravages of the brutal savages, in agitating, fostering and demanding the rights of the people, in opposing and resisting the unjust laws and oppressions, usurpations and unreasonable exactions of sordid and wicked rulers, in the separation, by solemn resolutions and declarations of this country from Great Britain, in uniting and defending the colonies and in achieving the independence of the country, in forming and administering the government, in numbering it with the family of the nations of the earth, and placing it upon the high road to prosperity and national greatness, Virginians were ever in the van, and others followed their leadership and reaped the rich fruits of their splendid achievements and their glorious victories. And this we do, not in any spirit of vanity, but that there may be grouped together and brought to public attention, in permanent form, historical facts, if known to the public, long forgotten and unappreciated, that Fredericksburg may be placed, where it rightly belongs, as the most historical spot in the most historical State in this great nation, that will soon, if it does not now, dominate the nations of the earth and fully justify her sons in recounting their deeds, if it shall be termed bragging.
DR. WALKER’S EXPLORATION.
It was Dr. Thomas Walker, of Albemarle county, a Virginian, who, with five companions, in 1750, explored the wild country, which now forms the States of Tennessee and Kentucky and named that chain of mountains and the beautiful river that flows through the valley, Cumberland, in honor of the Duke of Cumberland, and then crossed over the country to the head waters of the Kentucky river and gave it its name, which furnished a name for that great and prosperous State.
BACON RESISTS OPPRESSION.
It was Nathaniel Bacon, of Henrico county, a Virginian, who first offered resistance to the colonial authorities in defence of the lives, liberties and property of the people and put forth a declaration of principles, which were the guiding star for those who came after him until independence was achieved, with all of its blessings and glorious fruits.
In his United States History Dr. Howison says : "In the great declaration adopted by them in 1776, just one hundred years after the movements under Bacon, we find embedded not less than five principles among the most weighty and potent that justified the overthrow of the English rule, all five of which were in active movement to produce the uprising of the Virginia people in 1676.
These five principles were : —
1. The right to civil and religious liberty — 'life, liberty and the pursuit of happiness' ;
2. The right to throw off a government which had "cut off their trade from all parts of the world' ;
3. Which had 'imposed taxes on them without their consent' ;
4. Which had 'taken away their charters, abolished their most valuable laws and altered fundamentally the powers of their government' ;
5. Which had 'excited domestic insurrections among them and had endeavored to bring on the inhabitants of their frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes and conditions.' "
Mrs. An.[1] Cotton, who wrote an account of this Bacon movement the year it occurred, and who did not fully endorse all that Bacon did, states that a large council was held on Bacon's premises in May, at which Bacon charged that the authorities were guilty of wrong in their eagerness to get rich; that some persons were rich who were guilty of unjust methods in obtaining their wealth; that the authorities were doing nothing to encourage the arts, sciences, schools of learning or manufactories; that the Governor approves the lawlessness of the Indians against the settlers, and declines to interfere because it might dimmish his revenue in trading with them; that the Governor refuses to admit an Englishman's oath against an Indian, where he accepts the bare word of an Indian against an Englishman; that the Governor is monopolizing the beaver trade in violation of law; that the traders at the heads of the rivers, being the Governor's agents, buy and sell the blood of their brethren and countrymen by furnishing the Indians with powder, shot and firearms contrary to the laws of the colony; and that Col. Cowells asserted that the English were bound to protect the Indians, even if they had to shed their own blood.
[1] Not a spelling mistake.
At the conclusion of Bacon's address the Council agreed to three things: 1. To aid with their lives and estates General Bacon in the Indian war. 2. To oppose the Governor's designs, if he had any, against the prosecution of the war. 3. To protect the General, the army and all who agreed to the arrangement against any power that should be sent out of England, until it was granted that the country's complaint might be heard against the Governor before the King and Parliament.
The premature death of Bacon occurring, and no competent person to take the lead being found, the movement soon ceased, the troops disbanded and went home, and many of those who aided Bacon in protecting the lives and property of the settlers were put to death by Governor Berkley on the charge of treason. Thomas Matthews, said to be a son of Gov. Matthews, and who at that time represented Stafford county in the House of Burgesses, was appointed by Bacon to the command of all the forces in this part of Virginia, but he probably had not the courage or means to carry out Bacon's plans.
Bacon died from a cold contracted in camp and was buried in Gloucester county, but for fear the authorities would exhume the body and subject it to indignities, the place of his burial was kept a secret. Bacon's effort for the people was just one hundred years before the great revolution, and when we are fully informed as to his cause of action we may debate in our minds as to whether Nathaniel Bacon was our first Thomas Jefferson or whether Thomas Jefferson was our second Nathaniel Bacon.
FIRST DECLARATION OF IXDEPENDEXCE.
It was in a public gathering in Fredericksburg on the 29th day of April, 1775, that resolutions were passed, approaching in spirit a Declaration of Independence, which was twenty-one days before the resolutions of Mecklenburg, North Carolina, were adopted. The resolutions, adopted in North Carolina, found their way into print and into the histories, while those passed in Fredericksburg did not; but they were the first adopted anywhere in the country, and more than six hundred men were ready to carry them into effect by marching to Williamsburg to redress wrongs which had been committed by Gov. Dunmore in removing the gun powder from the public magazine. Some regard this act as the beginning of the great revolution in the colonies. It was to prepare the people for any breach of the law or outrage upon the people's rights, which had been threatened by the authorities at Williamsburg, and commenced in the gunpowder act, that the Fredericksburg resolutions were adopted, and the great pity is they were not handed down to succeeding generations and preserved as the first Declaration of Independence since the days of Bacon. In referring to these resolutions, Dr. Howison, in his United States History, says, they were tantamount to a declaration of independence.
HENRY LEADS FOR LIBERTY.
It was Patrick Henry, of Hanover county, a Virginian, at the time living in and representing Louisa county, who fired the country with his matchless eloquence and set in motion forces that achieved liberty and independence to this country. It was this peerless son of Virginia, in the House of Burgesses, surrounded by such giant minds as Bland, Pendleton, Lee and Wythe, that the torch of liberty was set on fire that was never to be extinguished.
We quote from Dr. Howison's United States History :
"He wrote on the blank leaf of an old law-book five resolutions which he offered to the House. They were a strong protest against the course of Parliament. The third declared that taxation by the people themselves, or their representatives duly chosen, was an essential characteristic of British freedom. The last resolution was in these words:
" 'Resolved, therefore, that the General Assembly of this colony have the sole right and power to lay taxes and impositions upon the inhabitants of this colony; and that every attempt to vest such power in any person or persons whatsoever, other than the General Assembly aforesaid, has a manifest tendency to destroy British as well as American freedom.'
"A warm debate ensued. Pendleton, Bland, Wythe and Randolph all opposed the resolutions; but Henry was the master-mind, and made an impression which is felt to this day. His words were pregnant with a nation's freedom. In the heat of the debate occurred a memorable scene. Patrick Henry reached a climax. 'Caesar,' he cried, 'had his Brutus; Charles the First, his Cromwell, and George the Third' — 'Treason' ! burst from the lips of the president. 'Treason! Treason!' resounded through the house. The orator paused ; then, raising himself to his full height, with eyes of fire and a voice which thrilled every soul, he concluded his sentence, 'and George the Third may profit by their example. If this be treason make the most of it.'
"The resolutions were adopted by one vote, and that Evening Patrick Henry left for his home. In March, 1775, the Virginia Convention met in St. John's church, Richmond. It was a body of the most distinguished men in Virginia, and among them was Patrick Henry. He was still far in advance of the leading men of the convention, who, although there were English fleets in the waters of Virginia and armed soldiers quartered within her towns, still hoped that the evils complained of could be remedied by compromise.
"Henry did not think so, and he was unwilling to sit down quietly until it would be too late to prepare for defense. He submitted a set of resolutions, calling attention to the presence of British armies and the dangers then threatening American freedom, and proposed that Virginia should be put in a state of defense, and that measures should at once be taken for embodying, arming and disciplining such a number of men as may be sufficient for that purpose."
The proposition was strongly opposed by such men as Bland, Nicholas, Pendleton and Harrison. Dr. Howison says: "It was now that Patrick Henry appeared in power. Rising slowly from his seat, he made an appeal which in eloquence and strength, and in its effect upon the future of the world, went far beyond any effort of oratory ever previously made. It was the demonstration that the coming war was to be a war of ideas and principles, and not a mere war of brute force." No perfect production of this speech has been preserved—perhaps none were possible; yet enough has been preserved to enable the thoughtful student to feel something of its inspiration : —
"Let us not, I beseech you, sir, deceive ourselves. We have done everything that could be done to avert the storm which is now coming on. We have petitioned—we have remonstrated—we have supplicated—we have prostrated ourselves before the throne and have implored its interposition to arrest the tyrannical hands of the Ministry and Parliament. Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded, and we have been spurned with contempt from the foot of the throne. In vain, after these things, may we indulge the fond hope of peace and reconciliation. There is no longer any room for hope. If we wish to be free—if we mean to preserve inviolate those inestimable privileges for which we have been so long contending—if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the object of our contest shall be obtained—we must fight ! I repeat it, sir, we must fight ! An appeal to arms and to the God of hosts is all that is left us.
"There is a just God who presides over the destinies of nations, and who will raise up friends to fight our battles for us. The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave. Besides, sir, we have no election. If we were base enough to desire it, it is now too late to retire from the contest. There is no retreat but in submission and slavery. Our chains are forged; their clanking may be heard on the plains of Boston. The war is inevitable, and let it come. I repeat it, sir, let it come !
"Gentlemen may cry. Peace! peace! but there is no peace. The war has already begun. The next gale that sweeps from the North will bring to our ears the clash of resounding arms. Our brethren are already in the field. Why stand we here idle? What is it that gentlemen wish? Whiat would they have? Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it. Almighty God ! I know not what course others may take; but as for me, give me liberty or give me death!"
A dead silence followed this speech. The feelings it excited were too deep for applause; but there was no longer any hesitation or division of opinion. The proposal of Henry was adopted, and, in a short time, Virginia was alive with military preparation.
There are two prophesies in this eloquent speech which were ful- filled; one was that the clash of resounding arms would be heard by the next gale from the North — the battle of Lexington was fought on the 19th of April; and the other was that God would raise up friends to fight our battles for us. Our independence could hardly have been secured without the aid of the French, whom Lafayette led, and who were the friends that were raised up for us by a kind Providence.
PENDLETON'S RESOLUTIONS.
It was Edmund Pendleton, of Sparta, in Caroline county, a Virginian, who prepared, and Gary presented, resolutions defining the position of the colonies and instructing the Virginia delegation to the General Congress to vote for a declaration of separation from Great Britain. These resolutions were heartily indorsed by the troops that had assembled at Williamsburg, and even by those leading Virginians who so strongly condemned Patrick Henry's first great speech.
It was Richard Henry Lee, of Westmoreland county, a Virginian, who offered, in the Colonial Congress, the resolution that embodied the views expressed in the Pendleton resolutions, and which brought forth the Declaration of Independence. The resolution was submitted on the 7th of June, 1776, which was as follows:--
"That these United Colonies are, and of right ought to be, free and independent States; that they are absolved from all allegiance to the British Crown; and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved."
The discussion of this resolution showed the temper of Congress, and while the vote was postponed at the instance of some members who still thought such a measure premature, a committee to prepare and bring forward a declaration was appointed, of which Thomas Jefferson was made chairman. Mr. Lee, a member of the committee, was called home because of the sickness of his wife, but Mr. Jefferson sent him the original copy of the draft and also the amendments for his inspection, and wrote him : "You will judge whether it is the better or worse for the critics."
GEORGE MASON'S BILL OF RIGHTS.
It was George Mason, of Gunston Hall, a native of Stafford county, a Virginian, who wrote the Virginia Bill of Eights and the Constitution of Virginia. The fact that Mason was a farmer, and not a lawyer, has been emphasized by several writers, and the fact that he prepared those important documents, when there were so many eminent lawyers associated with him in those stirring times, is a matter of surprise. But that he did write them has never been disputed or questioned, and it was an honor that linked his name with those of Jefferson and Madison, and will enshrine his memory in the hearts of his countrymen for all time to come. And the honor of preparing this important instrument is enhanced when we remember they were almost original in thought as to most of the principles declared in them. It is true that some have claimed that the Bill of Rights was based upon the English Bill of Rights of 1689, yet that bill only asserted the right of subjects to petition, the right of Parliament to freedom of debate, the right of electors to choose their representatives freely, and other minor privileges. These rights had been exercised by the Colonists, but there were other rights dear to the people which they had not enjoyed and were not permitted to enjoy, and there were grievous wrongs committed upon the people that had to cease.
These things called for a different kind of paper from the English Bill of Rights and the times necessitated different demands than were made calling forth the bill of 1689. A paper was needed setting forth the rights of freemen and providing for the government of freemen, and it is asserted that the Bill of Rights was a pattern for the Declaration of Independence, while the Constitution was the first one that was written for the government of a free and independent people in all the past history of the world.
The Bill of Rights was adopted by the Virginia Convention on the 12th of June, 1776, after it had been thoroughly discussed for several days. It was written for Virginia and did not apply to the other colonies, yet it is so complete in all its parts we are told that other State constitutions, in defining the rights of the citizen, largely followed the phraseology of this famous instrument. All Virginians should read it, again and again, study it and treasure it as one of the most precious legacies bequeathed to them. The following is the bill in full : —
1. That all men are by nature equally free and independent and have certain inherent rights of which when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
2. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.
3. That government is, or ought to be, instituted for the common benefit, protection and security of the people, nation or community; of all the various modes and forms of government, that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of 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, but in consideration of public services; which, not being descendible, neither ought the offices of magistrate, legislator or judge be hereditary.
5. That the legislative, executive and judicial powers should be separate and distinct; and that the members thereof may be restrained from oppression, by feeling and participating in the burdens of the people, they should, at fixed periods, be reduced to a private station, return into that body from whence they were originally taken, and the vacancies be supplied by frequent, certain and regular elections, in which all, or any part of the former members, to be again eligible, or ineligible as the laws shall direct.
6. That all elections ought to be free; and that all men having sufficient evidence of permanent common interest with, and attachment to, the community have the right of suffrage and cannot be taxed or deprived of their property for public uses, without their own consent or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented for the public good.
7. That all power of suspending laws, or the execution of laws, by any authority, without the consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.
8. That in all capital or criminal prosecutions, a man hath the right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself; that no man be deprived of his liberty, except by the law of the land or the judgment of his peers.
9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
10. The general warrants, whereby an officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person not named, or whose offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted.
11. That in controversies respecting property, and in suits between man and man, the ancient trial by jury of twelve men is preferable to any other, and ought to be held sacred.
12. That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments.
13. That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural and safe defence of a free people; that standing armies, in times of peace, should be avoided, as dangerous to liberty; and that in all cases, the military should be under strict subordination to, and governed by, the civil power.
14. That the people have a right to uniform government; and therefore that no government separate from, or independent of, the government of Virginia, ought to be erected or established within the limits thereof.
15. That no free government, or the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality and virtue, and by a frequent recurrence to fundamental principles.
16. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love and charity towards each other.