[[File:AddressToTheIndians6June1776p1.jpg|thumb|right|350px|"Address to the Indians," in the handwriting of [[George Wythe]], dated June 6, 1776. In the ''Papers of the Continental Congress,'' No. 30, folio 351. Image from [http://www.fold3.com/image/447198/ fold3.] ]]
[[File:AddressToTheIndians6June1776p2.jpg|thumb|right|350px|Reverse of "Address to the Indians," endorsed "Report of the committee appointed to prepare a speech to the Indians. Agreed to June 6." In the ''Papers of the Continental Congress,'' No. 30, folio 352. Image from [http://www.fold3.com/image/447201/ fold3.] ]]
In the early days of the Revolutionary War, the [[wikipedia:Second Continental Congress|Continental Congress]] thought it "highly expedient to engage the Indians in the service of the United Colonies" against Great Britain and her allies.<ref>Worthington C. Ford, ed., [http://books.google.com/books?id=ljQSAAAAYAAJ&pg=PA396 ''Journals of the Continental Congress, 1774-1789''] vol. 4, ''January 1 - June 4, 1776'' (Washington, D.C.: Government Printing Office, 1906), 396.</ref> To that end, [[George Wythe]] was one of five members elected by Congress on April 30, 1776, to serve on a standing committee for Indian affairs:

<blockquote>
Agreeable to the order of yesterday, the Congress proceeded to the election of a committee for Indian affairs, and the ballots being taken and examined,

Mr. [George] Wythe, Mr. [James] Wilson, Mr. [Oliver] Wolcott, Mr. L[ewis] Morris, and Mr. [Edward] Rutledge, were chosen.<ref>Ford, [http://books.google.com/books?id=ljQSAAAAYAAJ&pg=PA319 ''Journals,''] 4:319.</ref>
</blockquote>

A delegation of [[wikipedia:Iroquois|Iroquois]] deputies<ref>The Native American delegation is described as being from four of the "Six Nations": a confederation of Iroquois-speaking tribes made up of the Mohawk, Oneida, Onondaga, Cayuga, Seneca, and Tuscarora nations.</ref> arrived in Philadelphia on Saturday, May 25, 1776 (possibly with Oneida Chief [[wikipedia:Oskanondonha|Oskanondonha]]),<ref>Paula Underwood, [http://books.google.com/books?id=IOinOVs8fmcC&pg=PA44 ''Franklin Listens When I Speak: Tellings of the Friendship between Benjamin Franklin and Skenandoah, an Oneida Chief''] (San Anselmo, CA: A Tribe of Two Press, 1997), 44.</ref> and Congress voted to grant them an audience the following Monday, at eleven o'clock. Finding the deputies "agreeable to order," the delegation was admitted,<ref>Ford, [http://books.google.com/books?id=ljQSAAAAYAAJ&pg=PA392 ''Journals,''] 4:392, 396.</ref> and afterward, Congress resolved:

<blockquote>
That the standing committee for Indian affairs, be directed to prepare a speech, to the Indians, and to procure such articles as they judge proper for presents to the Indians.<ref>Ibid., [http://books.google.com/books?id=ljQSAAAAYAAJ&pg=PA397 397.]</ref>
</blockquote>

The speech was duly prepared by the committee, and approved by Congress on June 6, 1776. Presentation of the speech was delayed until June 11, by which time such "proper" articles had been acquired for presentation to the Native American representatives.<ref>Worthington C. Ford, ed., [http://books.google.com/books?id=BhhOAAAAMAAJ&pg=PA421 ''Journals of the Continental Congress, 1774-1789''] vol. 5, ''June 5 - October 8, 1776'' (Washington, D.C.: Government Printing Office, 1906), 421.</ref>

The manuscript of the approved speech is preserved in the ''Papers of the Continental Congress.'' The document is in George Wythe's writing, with his corrections and emendations. It was not recorded who delivered the speech.

==Address to the Indians==
===Page 1===
<blockquote>
Brothers, <br />
    We hope the friendship that is between us and you will be firm, and continue as long as the sun shall shine and the waters run; that we and you may be as one people, and have but one heart and be kind to one another like brothers.

Brothers, <br />
    The king of Great Britain, hearkening to the evil counsel of some of his foolish young men, is angry with us, because we will not let him take away from us our land, and all that we have, and give it to them, and because we will not do every thing that he bids us, and hath hindered his people from bringing goods to us; but we have made provision for getting such a quantity of them that we hope we shall be able to supply your wants as formerly.

Brothers,<br />
    We shall order all our warriours and young men not to hunt you or any of your kindred; and we hope you will not suffer any of your young men to join with our enemies, or to do any wrong to us; that nothing may happen to make any quarrel between us.

Brothers,<br />
    We desire you to accept a few necessaries which we present you with as tokens of our good will towards you. </blockquote>

===Page 2===
<blockquote>
June 6 1776 No. 33. <br />
Report of the comte. <br />
Appointed to prepare <br />
A speech to the Indians.— <br />
Agreed to June 6.— </blockquote>

==''Journals of the Continental Congress,'' 11 June 1776==
===Page 430===

<blockquote>
The present[s] being provided for the Indians, they were called in, and the speech agreed to, was delivered as follows:

<blockquote>
BROTHERS,<br />
We hope the friendship that is between us and you will be firm, and continue as long as the sun shall shine, and the waters run; that we and you may be as one people, and have but one heart, and be kind to one another like brethren.

BROTHERS,<br />
The king of Great Britain, hearkening to the evil counsel of some of his foolish young men, is angry with us, because we will not let him take away from us our land, and all that we have, and give it to them, and because we will not do every thing that he bids us;<sup>1</sup> and hath hindered his people from bringing goods to us; but, we have made provision for getting such a quantity of them, that we hope we shall be able to supply your wants as formerly.

BROTHERS,<br />
We shall order all our warriors and young men not to hurt you or any of your kindred, and we hope you will not suffer any of your young men to join with our enemies, or to do any wrong to us, that nothing may happen to make any quarrel between us.

BROTHERS,<br />
We desire you to accept a few necessaries, which we present you with, as tokens of our good will towards you.<sup>2</sup>
</blockquote>

The presents being delivered, the Indians begged leave to give a name to the president; the same being granted, the Onondago chief gave the president<ref>[[wikipedia:John Hancock|John Hancock]].</ref> the name of Karanduawn, or the Great Tree, by which name he informed him the president will be known among the Six nations.

<div style="font-size: 85%;">
<sup>1</sup>In the original report this sentence follows: "he hath taken up the hatchet to strike us, and given money to a people who are strangers to us, to come from a far country, and fight against us."<ref>A reference to foreign, particularly [[Address to the Foreign Mercenaries|Hessian, mercenaries]].</ref>

<sup>2</sup>This report, in the writing of George Wythe, is in the ''Papers of the Continental Congress,'' No. 30, folio 351. It was presented and agreed to on June 6.
</div>
</blockquote>

===Page 431===

<blockquote>
ǁAfter which the Indians took their leave and withdrew.ǁ<ref>Ford, [http://books.google.com/books?id=BhhOAAAAMAAJ&pg=PA430 ''Journals,''] 5:430-431.</ref>
</blockquote>

==See also==

*[[Address to the Foreign Mercenaries]]
*[[Address to the Inhabitants of the Colonies]]
*[[Report of the Committee for Indian Affairs, 4 November 1776]]

==References==
<references />

[[Category: Letters and Papers]]
[[Category: Native Americans]]

Category:Native Americans

2026-03-04T15:53:04Z

Gwsweeney: Created page with "{{DISPLAYTITLE: Native Americans}}"

David Wooster to the Continental Congress, referred to Wythe & Committee, 11 February 1776

2026-03-04T15:51:40Z

Gwsweeney: /* Page 3 */

[[Wikipedia: David Wooster| David Wooster]], an American general, wrote to Congress to ask them to look into a petition from merchants concerning their trade with the Native Americans. [[Wikipedia: Benedict Arnold| Benedict Arnold]], who would be on the side of the Americans until 1780, had kept up the blockade of Quebec and Wooster said that he would join him as soon as it was safe to do so. General Wooster and [[Wikipedia: Philip Schuyler| General Schuyler]] had been insulting each other since they met, but it reached a point that Wooster asked Congress to step in and decide who had the "greatest reason to complain of ill treatment". He enclosed several letters between himself and Schuyler so that Congress had a way to make a decision. However, despite his personal disputes, Wooster said it would not stop him from preserving peace and doing all he could to maintain the rights and liberties of America.
[[File:WoostertoWytheetal11Feb1776p1.jpg|right|thumb|300px|<p>"David Wooster to Congress, 11 February 1776, pg 1." Image from ''The Papers of the Continental Congress, 1774-1789.''</p>]]
==Letter text==
=== Page 1 ===
<blockquote>
Montreal 11th Feby. 1776

Gentlemen:

This Letter will be delivered you by Mr. Walker and Mr. Price two Gentlemen whose Friendship and Attachment to our Cause is well known and to whom the United Colonies are under many Obligations. — As they are the best acquainted with this Province of perhaps any two Gentlemen in it and as there are many Transactions of great Importance to be determined concerning it, I have requested them to wait upon the Congress that you may know from them fully every thing necessary for your Information. —

I have permitted the Merchants in this Place Trading to the Upper Country to chuse a Committee to prefer a Petition to the Honorable the Congress concerning their Indian Trade, you will hear from them and from a Messrs. Walker and Price what can be said for and against it, and your Determinations in that and every other Matter I shall strictly attend to. — Besides the Operations of War there are so many Civil & Political Affairs that require the greatest Care and most Delicate Management that I could wish a Committee of Congress might be Sent into this Province.

eneral Arnold has in a most Surprising Manner kept up the Blockade of Quebec & that with half the Number of the Army he is now so well Reinforced that I apprehend but little Danger from a Sortie should they make one. I intend to Join him as soon as this place can be left with Safety & necessaries properly Provided for forwarding the Troops, as they arrive from the Colonies. — I fear we shall meet with Difficulty in taking the place for want of proper Artillery, Ammunition, &c but every thing possible will be done. — Unless we keep up a greater Force in this Province from the Colonies than should be brought against us in the Spring, I fear we can place no great dependence upon the Canadians & in that Case it might be attended with very unhappy if not fatal Consequences. — How great a force the Ministry will Send here is uncertain yet many Imagine they will make this Province the Seat of War. I hope we shall be
</blockquote>

=== Page 2 ===
[[File:WoostertoWytheetal11Feb1776p2.jpg|right|thumb|300px|<p>"David Wooster to Congress, 11 February 1776, pg 2." Image from ''The Papers of the Continental Congress, 1774-1789.''</p>]]
<blockquote>
be able to keep the Field against them.
I enclose you Copies of
several Letters to General Schuyler with a couple of his to me. — He writes me that he has observed to Congress that I had wrote him with unbecoming <u>Subacity</u>. I think he might have pointed out to me the Exceptionable parts of my Letters before he made his Observations to Congress. It gives me Pain that I am obliged in my own Defence to trouble you with Examining & Determining which of us has the greatest reason to Complain of ill Treatment. I am Concious that my Conduct will bear the Strictest Scrutiny. I have ever Studiously avoided entering into any Altercation with him fearing that the Public Interest might Suffer by it. he began to Insult me immediately on my joining the Army as you will see by his Letter of the 23 Octo. last though I know no Reason under heaven why he should treat me thus Cavalierly but merely to Indulge his Capricious Humour which in the Course of the last Year he has dealt out very liberally upon many of the Officers who have served in this Department complaints of which have frequently been made to me. Happy would it be for him and for our Cause if he could learn to Bridle his Passions. The Letters between him and me will Speak for themselves. I shall send him a Copy of this Letter, and also Inclose with this a Copy of my Letter to him of this Date. — No Personal Ill treatment will ever prevent my steadily and Invariably continuing to preserve those Measures which Shall appear most Conducive to the Public Good and Shall think myself happy if by doing every thing in my Power I can be in the least Instrumental in maintaining and preserving the Rights and Liberties of my Country. I am with the Greatest Respect,

Gentlemen

Your most Obed. & very Humble <br />
Dav, Wooster<br />
Honorable Continental Congress.
</blockquote>

=== Page 3 ===
[[File:WoostertoWytheetal11Feb1776p3.jpg|right|thumb|300px|<p>"David Wooster to Congress, 11 February 1776, pg 3." Image from ''The Papers of the Continental Congress, 1774-1789.''</p>]]
<blockquote>
Letter from Gen. Wooster<br />
Feby 11. 1776<br />
Read 4 March —

Referred to <br />
Mr. Ja. Deane<br />
[[George Wythe|Mr. Wythe]]<br />
Mr. Sherman
</blockquote>

[[Category: Letters to Wythe]]
[[Category: Letters and Papers]]
[[Category: Native Americans]]

Wythe the Politician

2026-03-02T15:13:16Z

Gwsweeney:

[[File:BenbridgeWythe.jpg|thumb|right|300px|Miniature of George Wythe, attributed to Henry Benbridge, c. 1770. Watercolor on ivory. Original at the [http://www.rwnaf.org/collections/item?id=1617 R. W. Norton Art Gallery,] Shreveport, Louisiana.]]
The capstone of George Wythe's legacy in American history and law is his lengthy political career spanning all three branches of government and local, state, and national political bodies. His service began well before the American Revolution, continued during the conflict, and continued within the new United States up until his twilight years<ref>Tyler, Lyon Gardiner. (1907). "George Wythe" in ''Great American Lawyers,'' vol. 1. Philadelphia: The John C. Winston Company, 66.</ref>. Wythe's lengthy service in the judicial branch deserves [[Wythe's Judicial Career|an entry of its own]], so this article focuses on his legislative and executive roles. Wythe began his political career within the colonial House of Burgesses, the oldest democratically elected body in British North America<ref>Gottlieb, Matthew S. (2024, Aug.) "House of Burgesses." Encyclopedia Virginia. https://encyclopediavirginia.org/entries/house-of-burgesses/.</ref>. He initially served as a clerk<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 53.</ref>, but eventually Wythe served as a representative in his own right, filling three distinct seats over the span of twelve years<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia.</ref>. Besides serving as a burgess, Wythe filled pivotal roles in the state government, such as the Attorney General in 1754 and Clerk of the House from 1768 and 1775<ref>Kirtland, Robert B. (1986). ''[[George Wythe: Lawyer, Revolutionary, Judge]].'' New York: Garland Publishing.</ref>.

After the dissolution of the House of Burgesses and the onset of the American Revolution, George Wythe's career pivoted to the national stage with his election to the Continental Congress in 1775<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 274.</ref>. Wythe participated in debates and influenced notable thinkers such as John Adams, and his service in the Continental Congress culminated in his signing of the [[Declaration of Independence]]<ref>Montross, Lynn. (1970). ''The Reluctant Rebels: The Story of the Continental Congress 1774-1789.'' New York: Barnes & Noble, 149.</ref>. Wythe left the Continental Congress to return to Virginia state government, where he represented Williamsburg in the newly constituted House of Delegates<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 29-30.</ref>. Wythe was elevated to the position of Speaker of the House in 1777, becoming the second individual to hold the post and presiding over the legislative body during wartime<ref>''Journal of the House of Delegates of the Commonwealth of Virginia, 1777-1780'', vol. 1. (1827). Richmond, VA: Thomas W. White, 3-40.</ref>. After the war, Wythe served as a delegate to both the Constitutional Convention<ref>Munson, Suzanne Harman. (2021, May 25). "George Wythe of Virginia: Continental Congress Delegate, Judge, Professor of Law, and Declaration of Independence Signer." Constituting America. https://constitutingamerica.org/90day-dcin-george-wythe-of-virginia-continental-congress-delegate-judge-professor-of-law-declaration-of-independence-signer-guest-essayist-suzanne-harman-munson/.</ref> and the Ratifying Convention in Virginia<ref>''Debates and Other Proceedings of the Convention of Virginia.'' (1805). Richmond, VA: Enquirer-Press, 17.</ref>.

Wythe also served on a local level as mayor and alderman in the city of Williamsburg<ref>Walker, Leola O. (1967, Jan.). "Officials in the City Government of Colonial Williamsburg." The Virginia Magazine of History and Biography, Vol. 75, No. 1, 38-48.</ref>. Additionally, he chaired the Electoral College of Virginia twice later in his life<ref>Tyler, Lyon Gardiner. (1907). "George Wythe" in ''Great American Lawyers,'' vol. 1. Philadelphia: The John C. Winston Company, 66.</ref>. Throughout his career in public service, Wythe was known for his measured, steady approach to governance. At the same time, however, he was not afraid to challenge precedent when he felt a conviction to do so. He was an early opponent of the Stamp Act in the House of Burgesses and among the first to call for independence in the Continental Congress. Throughout his political career, Wythe possessed his characteristic humility and his deep understanding and appreciation for the art of civic life.

===House of Burgesses Clerk (1748)===

Beginning in 1699, Williamsburg became the capital of colonial Virginia<ref>Gruber, C. K. E. (2021, Feb. 17). "Williamsburg during the Colonial Period." Encyclopedia Virginia. https://encyclopediavirginia.org/entries/williamsburg-during-the-colonial-period/.</ref>. Located in Williamsburg, the House of Burgesses met irregularly and sought to imitate the British provincial system and royal hierarchy. George Wythe was appointed October 28, 1748 to clerk to the "largest and most important standing committees"<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 53.</ref>. He served on "Privileges and Elections" and "Propositions and Grievances"<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 54.</ref>. Serving as a representative of one’s county in the House of Burgesses was "ambition’s chief point of vantage"<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 53.</ref>. During this time, Wythe’s job included keeping the minutes of the proceedings of these committees. At the young age of twenty-two, his time in the House of Burgesses served as an educational endeavor for Wythe in colonial legislation. It also provided Wythe the opportunity to "rub shoulders" with some of the most influential men in the colonies at that time<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 54.</ref>. In 1752, Wythe was reappointed clerk for the "Privileges and Elections" and "Propositions and Grievances" committees<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 57.</ref>.

===Interim Attorney General (1754)===

The position of Attorney General was considered more prestigious than his seat in the House of Burgesses. Wythe was first appointed Acting, or Interim, Attorney General, by Lieutenant Governor Robert Dinwiddie in January of 1754, and served for about one year<ref>"George Wythe." Virginia House of Delegates Clerks Office: House History. https://history.house.virginia.gov/members/2394.</ref>. During his time as interim Attorney General, Wythe was involved in many conflicts between the House of Burgesses and the Royal Government. The first dispute Wythe became wrapped up in was the Pistol Fee Crisis of 1753-1754<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 62.</ref>. The Pistole Fee Crisis was a dispute between the House of Burgesses and Lieutenant Governor Dinwiddie. Dinwiddie wanted to charge individuals a pistole for land patents that had previously been unenforced in Virginia<ref>Olson, C. A. G. (2020, Dec. 7). "The Pistole Fee Dispute." Encyclopedia Virginia. https://encyclopediavirginia.org/entries/pistole-fee-dispute-the/.</ref>. A pistole was worth about 18 shillings at the time, which was about 6 days' wages for a skilled tradesman<ref>"Currency Converter: 1270–2017". (2024, Feb. 13). The National Archives. https://www.nationalarchives.gov.uk/currency-converter/.</ref>. The controversy was so contentious that Dinwiddie and the House of Burgesses had to go before the Privy Council in London to argue their sides. The Privy Council, unsurprisingly, sided with Dinwiddie’s pistole fee. This crisis foreshadows future tax conflicts between the colonies and the Royal Government which would of course surface almost a decade later in 1765 with the Stamp Act<ref>Olson, C. A. G. (2020, Dec. 7). "The Pistole Fee Dispute." Encyclopedia Virginia. https://encyclopediavirginia.org/entries/pistole-fee-dispute-the/.</ref>.

Wythe only served as Attorney General for a year before he was forced to vacate the position in favor of reinstating Randolph who had believed when he left the position to go to London, it would only be temporary and his job would be waiting for him upon his return<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 71.</ref>. Wythe would take on the role of Acting Attorney General once more, for about six months between November of 1766 and June of 1767, appointed by Lieutenant Governor Francis Fauquier<ref>"George Wythe." Virginia House of Delegates Clerks Office: House History. https://history.house.virginia.gov/members/2394.</ref>.

===Williamsburg Seat, House of Burgesses (1754-1756)===

At the age of 28, Wythe was lifted up from his position of clerk to serve in the Williamsburg Seat of the House of Burgess<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 59.</ref>. The French & Indian War began in May of 1754, so Wythe was immediately thrust into a wartime government.<ref>"French & Indian War Timeline: Lake George NY History." (2020, Mar. 3). The French & Indian War Society. https://www.frenchandindianwarsociety.org/timeline/.</ref> Wythe entered the Fourth Session of the House of Burgess (1752-1755)<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 60.</ref>. During his time on the Burgess, Wythe worked on an appropriation to aid war efforts in the West. Wythe worked on a committee specially assigned to ensure the funds the House of Burgess given for the war effort was not exclusively for English use in the West, but that the allocated funds were helping serve the colonies' interests<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 61.</ref>. Wythe was also appointed to serve on the "Privileges and Elections" subdivision, and the "Propositions and Grievances" subdivision during his time in the Williamsburg Seat. While these two subdivisions were familiar to him, Wythe was also appointed to serve on the "Courts of Justice," which was a new challenge<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 62.</ref>.

===William & Mary Representative Seat, House of Burgesses (1758-1761)===

In 1756, George Wythe ran for the House of Burgesses seat in Elizabeth City County, where he was a notable landholder<ref>Kirtland, Robert B. (1986). ''[[George Wythe: Lawyer, Revolutionary, Judge]].'' New York: Garland Publishing, 76.</ref>, but he placed fourth, beaten by residents who held more political appeal than external landholders<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 79.</ref>. After the election, allegations of non-resident voting<ref>Miller, Elmer I. (1907). "The Legislature of the Province of Virginia: Its Internal Development." New York: The Columbia University Press, 75.</ref> and the use of alcohol in campaigning led to an inquiry into the election, chaired by none other than George Wythe himself<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 79-81.</ref>. Two years later, in 1758, Wythe only received a single vote for Elizabeth City County’s seat<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 16.</ref>, but he returned to the House of Burgesses through another avenue. Since its founding in 1693, William and Mary’s faculty had been granted the right to send a representative to the House of Burgesses<ref>King William III and Queen Mary II. (1693). "Royal Charter of William and Mary." Swem Library. https://guides.libraries.wm.edu/wm/charter.</ref>, and they historically chose prominent lawyers for the role<ref>Tyler, Lyon Gardiner. (1907). "George Wythe" in ''Great American Lawyers,'' vol. 1. Philadelphia: The John C. Winston Company, 57.</ref>. In 1758, after the resignation of Peyton Randolph to take the Williamsburg Seat, the faculty chose George Wythe as their new representative<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 16.</ref>.

Upon returning to the House, he swiftly regained his positions on the Committees of Privileges and Elections, Propositions and Grievances, and Courts of Justice, becoming the only legislator to serve on three standing committees<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 166-167.</ref>. Wythe returned to a government still in the midst of the French and Indian War, which imparted a significant workload upon the house. During the war effort, Wythe was directly involved in handling compensation requests by Virginians for their personal losses from the conflict<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 167-168.</ref>. In 1759, Wythe also joined the Committee of Correspondence, directing the activities of the colony’s representative in England, Edward Montague<ref>Tyler, Lyon Gardiner. (1907). "George Wythe" in ''Great American Lawyers,'' vol. 1. Philadelphia: The John C. Winston Company, 57-58.</ref>. He was also appointed to committees managing currency issued during the French and Indian War and regulating the silk industry in Virginia<ref>Shewmake, Oscar L. (1921). "The Honorable George Wythe: Teacher, Lawyer, Jurist, Statesman." William & Mary Faculty Publications, No. 1374, 27.</ref>. During this term, Wythe also contributed to the writing of four acts, including two on slavery, one on municipal boundaries, and one to promote inland navigation<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 168-169.</ref>.

===Elizabeth City County Seat, House of Burgesses (1761-1768)===

In 1761, Wythe stepped down from the William & Mary House seat and attempted another run for the Elizabeth City County seat<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 22.</ref>. This time, Wythe was successful, placing first overall<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 170.</ref> and becoming one of Elizabeth City County’s two delegates, alongside William Wager<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 22.</ref>. During the 1761 session, Wythe was appointed to a fourth standing committee: that of trade. After 1764, he was the only member of the House of Burgesses to serve on four of the five committees <ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 171.</ref>. Following a 1763 act delisting colonial paper money as legal tender, Wythe participated in the drafting of a response to Governor Francis Fauquier, who asked why Virginia was not favoring creditors who used British sterling<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 22.</ref>.

Later in 1764, when the British Parliament made preparations to impose a Stamp Act on the colonies, Wythe was one of the first Burgesses to openly oppose the new British policy. Wythe argued that the political connection between Virginia and Britain ran through the king and not parliament, implying equal constituent sovereignty to other dominions of the crown such as the British mainland itself<ref>Tyler, Lyon Gardiner. (1907). "George Wythe" in ''Great American Lawyers,'' vol. 1. Philadelphia: The John C. Winston Company, 58-59.</ref>. However, Wythe did not support the resolutions of newer delegate Patrick Henry<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 24.</ref>, who argued that only Virginia had the right to tax Virginians and angrily labeled his opponents “enemies of the colony” on the House floor<ref>Henry, Patrick. (1765). "Patrick Henry's Resolves Against the Stamp Act." Patrick Henry National Memorial. https://www.redhill.org/speeches-writings/patrick-henrys-resolutions-against-the-stamp-act/?srsltid=AfmBOopLg-gBqcK8wOMMSoMqean8OKf6z6LQj0twyX2HBXALuDp-vWXl.</ref>. Wythe’s opposition likely stemmed from their extreme presentation as much as disagreement on policy, and he continued to oppose the acts until Britain repealed them<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 191-215.</ref>. During the later years of his tenure in the House of Burgesses Wythe focused on drafting legislation related to land ownership<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 224-226.</ref>.

===Alderman (1768?-1772)===
The City of Williamsburg had a government consisting of a mayor, a recorder, an upper chamber of six aldermen, and a lower chamber of twelve common councilors<ref>"Williamsburg-The Old Colonial Capital." (1907, July). The William and Mary College Quarterly Historical Magazine, Vol. 16, No. 1, 16.</ref>. For an undetermined amount of time, George Wythe served as one of six aldermen for the City of Williamsburg, having been selected by the extant city government to fill a vacancy. He possibly served since as early as 1750, when he signed on record the oath of allegiance to the City, something required of sitting aldermen<ref>Walker, Leola O. (1967, Jan.). "Officials in the City Government of Colonial Williamsburg." The Virginia Magazine of History and Biography, Vol. 75, No. 1, 38-48.</ref>. He must have been an alderman by 1768, as this would have been required for his subsequent appointment to mayor in the same year<ref>Walker, Leola O. (1967, Jan.). "Officials in the City Government of Colonial Williamsburg." The Virginia Magazine of History and Biography, Vol. 75, No. 1, 36.</ref><ref>"Past Mayors & Governors." City of Williamsburg. https://www.williamsburgva.gov/573/Past-Mayors-Governors.</ref>. Although his specific activities as Alderman are unknown, he would have been responsible for the creation of city ordinances, the selection of new city government members in the event of a vacancy, and the organization of local fairs and markets<ref>"Williamsburg-The Old Colonial Capital." (1907, July). The William and Mary College Quarterly Historical Magazine, Vol. 16, No. 1, 16.</ref>. George Wythe served until 1772, when he resigned for unknown reasons<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 258.</ref> and was replaced by Dr. James Blair<ref>Goodwin, W.A.R. (1938). "George Wythe House." Department of Research and Record: Colonial Williamsburg, 11.</ref>.

===Mayor of Williamsburg (1768-1769)===

From his position as alderman, George Wythe was elected mayor by the other members of the city government<ref>Walker, Leola O. (1967, Jan.). "Officials in the City Government of Colonial Williamsburg." The Virginia Magazine of History and Biography, Vol. 75, No. 1, 36.</ref>, taking office on November 30th, 1768<ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 250.</ref>. Wythe served a single term as mayor, until November of 1769<ref>"Past Mayors & Governors." City of Williamsburg. https://www.williamsburgva.gov/573/Past-Mayors-Governors.</ref>. As mayor, Wythe would have overseen major endeavors of the city in collaboration with the rest of the city government, including repair of streets, organization of events, and the creation of ordinances<ref>"Williamsburg-The Old Colonial Capital." (1907, July). The William and Mary College Quarterly Historical Magazine, Vol. 16, No. 1, 16.</ref>.

===Clerk of the House (1768-1775)===

After an unsuccessful bid to replace Peyton Randolph as Attorney General of Virginia<ref>Wythe, George. (1766, June 23). "George Wythe to Benjamin Franklin, 23 June 1766." National Archives. https://founders.archives.gov/documents/Franklin/01-13-02-0112.</ref>, George Wythe was elected to be Clerk of the House in March of 1768, filling the vacancy left by the new Attorney General John Randolph<ref>Kukla, Jon. (1981). ''Speakers and Clerks of the Virginia House of Burgesses 1643-1776.'' Richmond, VA: Virginia State Library, 153. </ref>. Next to the Speaker, the Clerk of the House of Burgesses was the most significant office in the legislative body<ref>Sydnor, Charles S. (1952). ''Gentlemen Freeholders: Political Practices in Washington's Virginia.'' Williamsburg, VA: Omohundro Institute of Early American History and Culture, 96. </ref>. Alongside the standard roles of recording and maintaining records, the Clerk of the House of Burgesses presided over the election of the Speaker and could inform the Governor directly of proceedings within the House<ref>Pargellis, S. M. (1927, Apr.). "The Procedure of the Virginia House of Burgesses." The William and Mary College Quarterly Historical Magazine, Vol. 7, No. 2, 76-81.</ref>. Wythe notably focused on elevating the standard of the office, ordering materials for the creation of bookplates<ref>Tyler, Lyon Gardiner. (1919). ''Tyler's Quarterly Historical and Genealogical Magazine.'' Richmond, VA: Richmond Press, 290.</ref> and a robe in the style of the British House of Commons<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 26.</ref>. He also used the privileges of his office to peruse records from prior clerks, building a familiarity that he would draw on during his post-revolutionary career<ref>Kirtland, Robert B. (1986). ''[[George Wythe: Lawyer, Revolutionary, Judge]].'' New York: Garland Publishing, 78.</ref>.

Despite the fact that he could not be a sitting member of the House during his clerkship, Wythe continued to influence proceedings as an advisor to political leaders and novices in the legislature, especially as trans-Atlantic tensions rose<ref>Kirtland, Robert B. (1986). ''[[George Wythe: Lawyer, Revolutionary, Judge]].'' New York: Garland Publishing, 78.</ref><ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 26.</ref>. According to one apocryphal account<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 26-27.</ref>, Wythe used his position as Clerk to intentionally delay the delivery of the House’s minutes to Governor Botetourt in May of 1769, preventing the governor from dissolving the legislature while they were drafting appeals of protest for King George III<ref>Tyler, Lyon Gardiner. (1907). "George Wythe" in ''Great American Lawyers,'' vol. 1. Philadelphia: The John C. Winston Company, 60.</ref>. Although Wythe’s direct participation in legislating was limited during this time, his name nevertheless appears as Clerk on several significant documents produced by the House of Burgesses during the leadup to the Revolution. For example, the Resolution Designating a Day of Fasting and Prayer, issued in May of 1774 to show solidarity with occupied Boston, was issued by Wythe<ref>"Resolution of the House of Burgesses Designating a Day of Fasting and Prayer." (1774, May 24). National Archives https://founders.archives.gov/documents/Jefferson/01-01-02-0082.</ref>. He served as Clerk until June 1775, when Virginia’s colonial legislature dissolved for a final time, making Wythe the final Clerk of the House of Burgesses<ref>Kirtland, Robert B. (1986). ''[[George Wythe: Lawyer, Revolutionary, Judge]].'' New York: Garland Publishing, 78-79.</ref>.

===Delegate to the Second Continental Congress (1775-1776)===

In 1775, the year after the cessation of his clerkship and following the outbreak of the Revolutionary War, Wythe was among seven delegates elected to represent Virginia in the Continental Congress for the upcoming year. He earned the fifth most votes from the former Burgesses of any candidate, and ascended to the Continental Congress as a junior member <ref>Hemphill, W. E. (1937). ''George Wythe the Colonial Briton''. Charlottesville, VA: University of Virginia, 274.</ref>. Wythe traveled to Philadelphia with Peyton Randolph, Thomas Nelson, and their wives, arriving in early September of that year<ref>Kirtland, Robert B. (1986). ''[[George Wythe: Lawyer, Revolutionary, Judge]].'' New York: Garland Publishing, 92.</ref>. Although he did not speak often in Congress, he was an early advocate of independence<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 30.</ref>. In one 1776 debate, Wythe questioned why the delegates were concerned about appearing as “dutiful subjects” and not simply “rebels,” and emphasized the need for free trade independent of Great Britain, a position eventually adopted by the Congress that April<ref>Montross, Lynn. (1970). ''The Reluctant Rebels: The Story of the Continental Congress 1774-1789.'' New York: Barnes & Noble, 119.</ref>. Wythe served on many committees in the Continental Congress, including one to increase gunpowder production and one which drafted a resolution encouraging the outfitting of privateers<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 33.</ref>.

While in Philadelphia, Wythe had the opportunity to befriend notable Massachusetts delegate John Adams. Wythe helped explain to Adams confusing internal disputes within the Virginia delegation<ref>Adams, John. (1851). ''The Works of John Adams, Second President of the United States,'' vol. 3. Boston: Little, Brown, and Co., 23-24.</ref> and generally provided intellectual and legislative support to Adams when it came to independence. In fact, Adams credited a conversation he had with George Wythe for inspiring his 1776 essay “Thoughts on Government”<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 34.</ref>, an early foray into the design of the new American government, which featured structural features such as a two-chambered legislative branch including a lower representative house<ref>Adams, John. (1776, Apr.). "Thoughts on Government." National Archives. https://founders.archives.gov/documents/Adams/06-04-02-0026-0004.</ref>.
As 1776 stretched on, Wythe hardened his stance on the colonies’ political future, advocating alongside John Adams and Henry Lee that a firm declaration of independence from the British Empire was imminently needed<ref>Montross, Lynn. (1970). ''The Reluctant Rebels: The Story of the Continental Congress 1774-1789.'' New York: Barnes & Noble, 149.</ref>. Although Wythe was an ardent supporter of independence, he missed the pivotal vote for independence while traveling to Virginia to participate in the formal creation of a new state government<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 36.</ref>. He returned to Philadelphia in time to sign the Declaration of Independence<ref>Tyler, Lyon Gardiner. (1907). "George Wythe" in ''Great American Lawyers,'' vol. 1. Philadelphia: The John C. Winston Company, 62.</ref>, but soon afterwards returned permanently to Virginia to pursue matters of state government, despite having been elected to another term by Virginia’s legislators<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 37.</ref>.

===Williamsburg Seat, House of Delegates (1776-1778)===

While George Wythe was serving in the Continental Congress, Edmund Pendleton “saved” Wythe the Williamsburg seat<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 29-30.</ref> in the series of conventions in Virginia that would become the formal House of Delegates in October<ref>''Journal of the House of Delegates of the Commonwealth of Virginia, 1777-1780'', vol. 1. (1827). Richmond, VA: Thomas W. White, 1-3.</ref>. He quickly became involved in an early attempt at revision of Virginia’s colonial law code, which the House of Delegates initiated in October. Wythe only arrived back from Philadelphia in January of 1777 and took a more moderate position on the revision process, hoping to preserve pivotal British statutes and expand upon them when needed<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 38.</ref>.

After the end of his term as Speaker of the House in 1778, Wythe did not return to the House of Delegates, instead taking a prestigious judicial position in the High Court of Chancery in 1779<ref>Kirtland, Robert B. (1986). ''[[George Wythe: Lawyer, Revolutionary, Judge]].'' New York: Garland Publishing, 111.</ref>.

===Speaker of the Virginia House of Delegates (1777-1778)===

In 1777, Edmund Pendleton, the first Speaker of the House of Delegates, was injured after falling from a horse, necessitating the election of a new speaker<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 38.</ref>. Thomas Jefferson nominated George Wythe, who won election against Robert Carter Nicholas and Benjamin Harrison after two rounds on May 8th<ref>''Journal of the House of Delegates of the Commonwealth of Virginia, 1777-1780'', vol. 1. (1827). Richmond, VA: Thomas W. White, 3-4.</ref>. Wythe stated that he was serving merely in the stead of Pendleton, but continued to hold the office after Pendleton’s recovery and return<ref>Kirtland, Robert B. (1986). ''[[George Wythe: Lawyer, Revolutionary, Judge]].'' New York: Garland Publishing, 103-104.</ref>. Wythe’s tenure as Speaker saw him oversee proceedings regarding the appointment of delegates to the Continental Congress<ref>''Journal of the House of Delegates of the Commonwealth of Virginia, 1777-1780'', vol. 1. (1827). Richmond, VA: Thomas W. White, 22.</ref>, the passage of legislation penalizing army deserters<ref>''Journal of the House of Delegates of the Commonwealth of Virginia, 1777-1780.'' (1827). Richmond, VA: Thomas W. White, 109.</ref>, and the funding of clothing for the state’s soldiers<ref>''Journal of the House of Delegates of the Commonwealth of Virginia, 1777-1780.'' (1827). Richmond, VA: Thomas W. White, 52.</ref>. Among the last bills passed during Wythe’s tenure as Speaker was a bill to create the High Court of Chancery<ref>''Journal of the House of Delegates of the Commonwealth of Virginia, 1777-1780'', vol. 1. (1827). Richmond, VA: Thomas W. White, 109.</ref>, which he would serve on soon thereafter. Wythe’s tenure as Speaker ended when the House of Delegates adjourned on January 24th, 1778<ref>''Journal of the House of Delegates of the Commonwealth of Virginia, 1777-1780'', vol. 1. (1827). Richmond, VA: Thomas W. White, 134-137.</ref>, and he was replaced in May by Benjamin Harrison<ref>''Journal of the House of Delegates of the Commonwealth of Virginia, 1777-1780'', vol. 2. (1827). Richmond, VA: Thomas W. White, 4.</ref>.

===Delegate to the Constitutional Convention (1787)===

After a series of negotiations in 1786 established a May 1787 convention, the Virginia General Assembly chose seven delegates to attend, including George Wythe. Despite concerns over the health of his wife Anne, Wythe travelled up the Chesapeake by ship and arrived in Philadelphia by mid-May<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 64.</ref>. After the convention began in late May, Virginia’s delegation, Wythe included, was among the first of the states to push for a total rehaul of the Federal system, not merely a revision. During these early stages, Wythe wrote to Jefferson during the conference asking for his thoughts on potential changes to the national government, but Jefferson was unable to respond in time while abroad<ref>Kirtland, Robert B. (1986). ''[[George Wythe: Lawyer, Revolutionary, Judge]].'' New York: Garland Publishing, 123-124.</ref>. At the onset of the convention, he chaired the Rules Committee to establish procedures for the upcoming debates<ref>Munson, Suzanne Harman. (2021, May 25). "George Wythe of Virginia: Continental Congress Delegate, Judge, Professor of Law, and Declaration of Independence Signer." Constituting America. https://constitutingamerica.org/90day-dcin-george-wythe-of-virginia-continental-congress-delegate-judge-professor-of-law-declaration-of-independence-signer-guest-essayist-suzanne-harman-munson/.</ref>. After this endeavor, however, Wythe rarely spoke<ref>"George Wythe." National Constitution Center. https://constitutioncenter.org/signers/george-wythe.</ref>, except once to support a resolution by James Madison to focus on general principles before discussing specifics<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 65.</ref>. Perhaps this lack of engagement was because his wife’s condition was worsening, requiring him to leave Philadelphia in early June, sending his resignation to Governor Edmund Randolph on June 16 once back in Williamsburg with his wife<ref>Kirtland, Robert B. (1986). ''[[George Wythe: Lawyer, Revolutionary, Judge]].'' New York: Garland Publishing, 124.</ref>. Wythe did not return to the convention or sign the US Constitution<ref>''The Debate on the Constitution, Part One.'' (1993). New York: Library of America, 202-203.</ref>, and Anne Wythe passed away two months later in August<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 65.</ref>.

===Delegate to the Virginia Ratifying Convention (1788)===

Wythe did not put himself forward as a candidate for the upcoming convention in Virginia on ratification of the Constitution<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 66.</ref>, but a convention of voters in neighboring York County, following the urging of a man named Charles Lewis, unanimously elected George Wythe and John Blair as delegates ''in absentia''. Following this, a convoy of voters, including Thomas Nelson (the original candidate for the seat) travelled to Wythe’s home in Williamsburg to inform a startled Wythe of his new political role<ref>Tazewell, Littleton Waller. (1823). ''An Account and History of the Tazewell Family.'' Williamsburg, VA: Tazewell Family, 97-99.</ref>. Upon arrival in Richmond, Edmund Pendleton was nominated as chair and Wythe seconded the nomination, possibly to remove himself from consideration as an opposing candidate<ref>Kirtland, Robert B. (1986). ''[[George Wythe: Lawyer, Revolutionary, Judge]].'' New York: Garland Publishing, 129.</ref>.

Beginning in June, Wythe began to preside over committees of the whole, which invoked debate on the features of the Constitution between all delegates<ref>''Debates and Other Proceedings of the Convention of Virginia.'' (1805). Richmond, VA: Enquirer-Press, 17.</ref>. Wythe only gave one speech himself, notably with strong emotion. He spoke of the Revolution, the weakness of the Articles of Confederation, and the need for action despite the imperfections of the Constitution<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 69.</ref>. The Virginia delegates voted to ratify the Constitution 89-79, with Wythe voting in favor<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 70.</ref>. After ratification, Wythe headed a committee to draft suggested amendments for the Constitution once ratification had occurred<ref>Kirtland, Robert B. (1986). ''[[George Wythe: Lawyer, Revolutionary, Judge]].'' New York: Garland Publishing, 130-131.</ref>, submitting forty amendments to the committee<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 70.</ref>. After a Federalist attempt to strike an amendment related to taxation powers failed, the amendments passed on June 27th, the same day the Convention concluded<ref>''The Debate on the Constitution, Part Two.'' (1993). New York: Library of America, 557-565.</ref>.

===Virginia Elector (1800 and 1804)===

In 1800, Wythe was chosen as an elector for his former student Thomas Jefferson<ref>Dill, Alonzo Thomas. (1979). ''George Wythe: Teacher of Liberty.'' Williamsburg, VA: Virginia Independence Bicentennial Commission, 79.</ref>, and presided over the state’s Electoral College when it convened in Richmond<ref>Berexa, Daniel. (2011, Jan.). "The Murder of Founding Father George Wythe." Tennessee Bar Association. https://www.tba.org/?pg=Articles&blAction=showEntry&blogEntry=9542.</ref>. The Election of 1800 was notorious for a ploy by Democratic-Republicans to strategically vote for either Thomas Jefferson or Aaron Burr for President to ensure a Jefferson presidency and a Burr vice presidency, a plan that nearly went awry due to a defecting elector in New York<ref>"Elections from 1789 to 1828." Virginia Museum of History and Culture. https://virginiahistory.org/learn/getting-message-out-presidential-campaign-memorabilia-collection-allen-frey/elections-1789-1828.</ref>. The Virginia College of Electors, under Wythe’s leadership, sent all 21 of its electoral votes to Jefferson<ref>Lampi, Philip J. (2012, Jan. 11). "Virginia 1800 Electoral College." Tufts University: A New Nation Votes. https://elections.lib.tufts.edu/catalog/m039k589j.</ref>

Wythe once again presided over the Virginia College of Electors in 1804<ref>Tyler, Lyon Gardiner. (1907). "George Wythe" in ''Great American Lawyers,'' vol. 1. Philadelphia: The John C. Winston Company, 66.</ref>, sending all 24 electoral votes to Thomas Jefferson<ref>Lampi, Philip J. (2012, Jan. 11). "Virginia 1804 Electoral College." Tufts University: A New Nation Votes. https://elections.lib.tufts.edu/catalog/7m01bn32j.</ref> during his landslide victory over Charles Pinckney<ref>"Elections from 1789 to 1828." Virginia Museum of History and Culture. https://virginiahistory.org/learn/getting-message-out-presidential-campaign-memorabilia-collection-allen-frey/elections-1789-1828.</ref>. After the election, he joined Jefferson at a celebratory party, where Wythe himself received a toast from the attendees<ref>Berexa, Daniel. (2011, Jan.). "The Murder of Founding Father George Wythe." Tennessee Bar Association. https://www.tba.org/?pg=Articles&blAction=showEntry&blogEntry=9542.</ref>.

==See also==
*[[Wythe the Lawyer]]
*[[Wythe's Judicial Career]]

==References==
<references />

==External links==

* George Wythe, at [https://history.house.virginia.gov/clerks/41 A History of the Virginia House of Delegates,] Virginia House of Delegates Clerk's Office.

[[Category:Aspects of Wythe's Life]]
[[Category:Biographies]]

Nathan v. the Commonwealth of Virginia

2026-02-27T17:38:31Z

Gwsweeney: Redirected page to Wythe to Thomas Jefferson, 9 March 1781

#REDIRECT [[Wythe to Thomas Jefferson, 9 March 1781]]

Wythe to Thomas Jefferson, 9 March 1781

2026-02-27T16:56:14Z

Gwsweeney: /* External links */

[[George Wythe]] tells [[Thomas Jefferson]] his views on a case concerning payment of bills to [https://loebjewishportraits.com/biography/simon-nathan/ Simon Nathan.]<ref>[https://archive.org/details/journalofhouseof178186virg/page/n275 ''Journal of the House of Delegates of the Commonwealth of Virginia: Begun and Held in the Town of Richmond, in the County of Henrico, on Monday, the Fifth Day of May, in the Year of Our Lord One Thousand Seven Hundred and Eighty-Three''] (Richmond, VA: Printed by Thomas W. White, 1828), 75.</ref><ref>https://archive.org/details/journalofhouseof178186virg/page/n275/mode/2up?q=nathan</ref> See [https://founders.archives.gov/documents/Jefferson/01-06-02-0259 Thomas Jefferson to Edmund Randolph, 18 July 1783] and [https://founders.archives.gov/documents/Jefferson/01-03-02-0367 Thomas Jefferson to the Board of Trade, (18? March 1780)]

==Letter text==
<blockquote>
Williamsburg, March 9th, 1781.

Notwithstanding those to whom the bills were drawn immediately payable, could not have been entitled to more than the value received for them, I think that Mr. Nathan, the endorsee, if he were not privy to that transaction, and actually paid cash, or an equivalent for them at par when he took them up, may equitably, as well as legally, insist upon the assumpsit; because the terms of the contract between the drawers and original holders not appearing in the bill, as I suppose, it could bind only themselves and such as had notice of the terms, and the contract between him and the drawers was entered into without any deception which could make it appear unfair on his part.

If he were not privy to the contract between the drawers and original holders, and had not mentioned any thing of what he paid for the bills, he might have been irreprehensible; but having informed the Executive that he had taken them up at par, if he do not prove that fact, for otherwise the contrary is presumable, because it is in his power to do it, and the other party probably cannot disprove it; I think equity will relieve against the assumpsit upon this principle, that there was a ''suggestio falsi'' on his part, and an advantage gained by it. If he knew of the contract between the drawers and original holders, as he did not mention it to the Executive, although what he said of taking them up at par be true, it seems a disputable question whether there can be any relief. It would be going too far to say that in every bargain one party should disclose to the other whatever the former knows and it is the interest of the latter to know: a total silence, if the dealing in other respects be fair, may be innocent; but if one disclose part only of what he knows, and concealing the rest, by that means gain an unconscienable advantage, this seems a culpable suppression of the truth, because the other party confided in him, and that confidence was abused by not relating the whole truth. Frivolous as this might appear in a matter of light moment; in this case, I suspect the gain to have been enormous, and suppose Mr. Nathan to have been well apprised of the difference between paper bills, the only money which circulated in this Commonwealth, and gold and silver, I think it a good foundation for controverting his demand.

[[George Wythe|G. WYTHE]]
</blockquote>

==Edmund Pendleton's Response to the Issue==
<blockquote>
From Edmund Pendleton

Edmundsburg, March 7, 1781.

Sir

Relying on the honor of government to keep the case on which my opinion is required out of our Courts of Justice, I see no impropriety in giving it, as you have done me the honor to request: the ground on which it is supposed a Court of Equity might relieve against that acceptance which made a new contract between the Executive and Mr. Nathan, is, that the drawers allege the bills on the Governor and treasurer of Virginia were payable in paper money, and in consequence a value was received for them only according to the then depreciation of that paper; on which head a very proper inquiry seems to be, whether the bills themselves pointed out the sort of money that was to be paid for them or the specific value received? I suppose neither, as that would neither have escaped Mr. Nathan in his purchase, nor the Executive in their acceptance, and that the bills were in the usual and general form, requiring the payment of so many dollars for value received; in which case the bills drawn in the wilderness, and circulated through one Spanish government into another, gave no clue to Mr. Nathan to suppose that any other than silver dollars were intended, so as to put him on his guard. Again, he might very properly say, I run no risk in allowing specie value for the bills, since if it should prove otherwise, and that any other mode of payment should be proposed by those on whom they are drawn, I can declare the proposition, procure a protest of the bills, and have recourse for my money to the endorser from whom I purchase. He accordingly pays full specie value, and presents his bills, which are accepted, and a mode of payment fixed to the satisfaction of both parties; a large payment is accordingly made, and near a year elapsed before any notice is given to Mr. Nathan that government had any objection to the payment as stipulated. The Executive were deceived indeed, but by whom? Not by Mr. Nathan, who, as he paid the same he demanded, was an innocent and fair purchaser; I will not say that those worthy gentlemen who drew the bills were guilty of deceit or neglect in the mode of drawing the bills, or in not giving timely notice of the different value got for them, since I impute these to the hurry they were in, and the difficulty of conveying timely intelligence; but surely the present difficulty is derived from that source, and it is more just that the State should bear the loss than that it should fall on a man who has the law on his side, is in no fault at all, and who has now lost that advantage a protest at first would have entitled him to, of recurring for his money to the man of whom he purchased the bills.

Thus you discover, Sir, my opinion to be in favor of Mr. Nathan, an opinion however, drawn from general principles, and not from any determination I recollect on the subject. You and the Council will judge of the reasoning, and afterwards perhaps it may give the public more satisfaction to have the matter arbitrated in the way you proposed, than to have it rest on my judgment. I have the honor to be, the Council’s and your excellency’s most obedient servant,

Edmund Pendleton<ref>[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 Edmund Pendleton to Thomas Jefferson, 7 March 1781]</ref>
</blockquote>

==Simon Nathan v. The Commonwealth of Virginia==
===Page 77===
<blockquote>
As the following case<ref>Simon Nathan versus the Commonwealth of Virginia. 1 U.S. 77, 80 (1781).</ref> may give some satisfaction to our sister states, I hope the insertion of it here, will not be deemed an improper deviation from my intention, to confine the reports of decisions in the ''Common Pleas'', to those which have occurred since the appointment of Mr. President Shippen — particularly, as I have reason to believe, that the principle of this adjudication, met with the approbation of all the judges, of the Supreme Court.

:::Common Pleas, Philadelphia County.
::::September Term, 1781.
::Simon Nathan versus the Commonwealth of Virginia.

A foreign attachment was issued against the Commonwealth of Virginia, at the suit of Simon Nathan: and a quantity of cloathing, imported from France, be-
</blockquote>

===Page 78===
<blockquote>
longing to that state, was attached in Philadelphia. The delegates in Congress from Virginia, conceiving this a violation of the laws of nations, applied to the supreme executive council of Pennsylvania, by whom the sheriff was ordered to give up the goods.

The council for the plaintiff, finding that the sheriff suppressed the writ, and made no return of his proceedings, obtained, September 20, 1781, a rule that the sheriff should return the writ, unless cause was shewn

They contended that the sheriff was a ministerial officer; that he could nor dispute the authority of the court, out of which the writ issues, but was bound to execute and return it at his own peril. 6 Co. 54

That those cases in England, where the sheriff was not compelled to return writs issued against ambassadors or their retinue, depended upon the Stat. 7 Ann. c. 12. which did not extend to this state

The Attorney General, on the part of the sheriff, and by direction of the supreme executive council, shewed cause, and prayed that the rule might be discharged.

He premised, that though the several states, which form our federal republic, had, by the confederation, ceded many of the prerogatives of sovereignty to the United States, yet these voluntary engagements did not injure their independence on each other; but that each was a sovereign, "with every power, jurisdiction, and right, not expressly given up."

He then laid down two positions. First: that every kind of process, issued against a sovereign, is a violation of the laws of nations; and is in itself null and void. Secondly: that a sheriff cannot be compelled to serve or return a void writ.

I. The first point he endeavoured to prove, by considering, first the nature of sovereignty: and, secondly, the rules of law, relative to process issued against ambassadors, the representatives of sovereigns.

He said, that all sovereigns are in a state of equality and independence, exempt from each other's jurisdiction, and accountable to no power on earth, unless with their own consent.

That sovereigns, with regard to each other, were always considered as individuals in a state of nature, where all enjoy the same prerogatives, where there could be no subordination to a supreme authority, nor any judge to define their rights, or redress their wrongs.

That all jurisdiction implies superiority over the party, and authority in the judge to execute his decrees: but there could be no superiority, where there was a perfect equality — no authority, where there was an entire independence.

That the king of England, as sovereign of the nation, is said to be independent of all, and subject to no one but God: and his crown is ilil.ed imperial, on purpose to assert that he owes no kind of subjection to any potentate on earth. No compulsory action can be brought against him, even in his own courts.

That a sovereign, when in a foreign country, is always considered by civilized nations, as exempt from its jurisdiction, privileged from arrests, and not subject to its laws.

Hence this inference was drawn, that the court having no jurisdiction over Virginia, all its process against that state, must be ''coram non judice'', and consequently void. 1 Vatt. p. 2. 133. 2. Vatt. 158. 1 Blackst. 141. 5 Bac. 450.

It was then observed, that there being no instance in our law books, of any process against a sovereign, it was proper to consider the rules of law relative to process against their representatives.

The Statute of Ann was read, with the history of the outrage that gave birth to it; which act declares that all process against the person, or goods, or domestics of an ambassador shall be null and void, and all concerned in issuing or serving it should be punished as infractors of the laws of nations.

That this Statute was not introductory of any rule, but barely declaratory of the laws of nations. That there was nothing new in it, except the clause prescribing a summary mode of punishment. That it was a part of the common law of the land before, and consequently extended to Pennsylvania. 4 Blacst. 67. 3 Burr. 1480. 4 Burr. 2016.
</blockquote>

===Page 79===
<blockquote>
Hence it was concluded, that if process against an ambassador be null and void, ''a fortiori'', shall it be void if issued against a sovereign.

That the true reason of the minister's exemption from process is the independence and sovereignty of the person he represents. And although by engaging in trade, he may so far divest himself of his public character, as to subject these goods to attachment, yet in every case where he represents his master, his property is sacred. But a sovereign cannot subject himself by implication: he must do it expressly.

That though the goods of a sovereign, as well as of an individual, might be liable for freight, or duties, or subject to forfeiture; yet in those cases, there was a lien on the goods, they were answerable, and the process was ''in rem'' in this case, it was ''in personam'' and the goods were attached merely to compel the party's appearance to answer the plaintiff's demand. And no sovereign would submit to the indignity of doing this.

Hence it was inferred that the writ was a mere nullity.

II. Upon the second point, authorities were read to explain the case produced by the plaintiff's council, and to shew a distinction between an erroneous and a void writ. That the sheriff was bound to execute and return the writ, although erroneous, if the court had jurisdiction. But when the court had no jurisdiction, the writ was void, and the sheriff was a trespasser if he dared to obey it; a void authority being the same as none. That in England, the sheriffs were never obliged to return a writ, if upon shewing cause, it appeared that the defendant was a public minister, or one of his domestics. 5 Bac. 431. Salk. 700. 2 Barnes. 1 Wils. 20.

That suppressing the writ was not making the sheriff judge, because he was obliged to assign a reason for so doing: and on the legality of that reason the court was now to determine.

He added, that if the sheriff had attached the goods, he was liable to punishment, and to compel him to return his proceedings, was to oblige him to put his offence upon record, and to furnish testimony against himself.

He finally observed that the writ was void, or it was not. If void, the sheriff need pay no attention to it: if not void, he was obliged to execute it at all events; and if so, these inconveniencies would follow. That any disaffected person, who happened to be a creditor of the United States, might injure our public defence, and retard or ruin the operations of a campaign; that he might issue an attachment against the cannon of General Washington, or seize the public money designed for the payment of his army. That the states united or several, would never submit to put in special bail (which must be done to prevent judgment) and to answer before the tribunal of a sister state.

That the plaintiff was under no peculiar inconvenience. Every creditor of this state or of the United States lay under the same. If his demand was just, Virginia would, upon application, do what was right; if not, and flagrant injustice was done him, he might (if a subject of this state, and entitled to its protection) complain to the executive power of Pennsylvania.

He concluded with observing on the importance of suppressing such measures as the present, at their first appearance, and of preserving the rights of sovereign states inviolate — and prayed that the rule might be discharged.

The counsel for the plaintiff insisted, that though Virginia was a sovereign state, yet this ought not to exempt her property in every case from the laws and jurisdiction of another state. That sovereignty should never be made a plea in bar of justice: and that the true idea of prerogative, was the power of doing good, and not, as it had sometimes been expressed, "the divine right of doing ill."

That every person, and all property within this state, was subject to its jurisdiction, by so being within it, except a sovereign power, and the representative of a sovereign power, with his domestics and effects, which he holds as representative.

That if an ambassador engages in trade, his property so engaged is liable to attachment, Vat B. IV sect. 114. and if a sovereign state turns merchant, and draws, or accepts bills of exchange, its property ought in like manner to be subject
</blockquote>

===Page 80===
<blockquote>
to the law merchant, and answerable in the state where it happens to be imported.

That sovereignty is better represented by persons than things: and as any or all the citizens of Virginia would be amenable to the jurisdiction of this state, if they were to come within its bounds, so there is no reason why property brought here should not be attached as well as the citizen arrested.

That one sovereign may lay duties upon the goods of another: and this appears to have been the sense of Congress, by their expressly stipulating in the articles of confederation, that no duties should be laid by one state on the property of another.

That the goods, which were attached, were- certainly liable for their freight: so if they had been imported contrary to law, they were subject to forfeiture: process against them might issue out of this court, and jurisdiction over them be exercised, the sovereignty of Virginia notwithstanding.

That if a vessel belonging to Virginia, should be taken, as prize retaken, and libelled here, Virginia must submit her claim to the decision of the admiralty of Pennsylvania, and could not claim an exemption, on account of her sovereignty.

That a sovereign state may wave its rights— and by the very act of importing merchandize, it subjects itself to the jurisdiction of the country.

That all property in this state is under the protection of the government, and therefore should be answerable in its turn, and amenable to its laws.

That the statute of Ann, though declaratory, is only declaratory of the ideas which that parliament entertained of the laws of nations. These were often erroneous, and could not be binding on us.

That whatever might be the case with regard to foreign ministers, by the articles of confederation, the delegates from Virginia were privileged only in their persons, and not in their goods: and as they represent the state, it was to be presumed, they enjoy every exemption that their sovereign expected or claimed.

They said, that whether Virginia was subject to, or exempt from, the jurisdiction of this state, in the present instance, was not the point now in question: it was only, whether the sheriff should or should not obey the command of the court.

That by the writ, he was directed to return it to the court, and he was not to withhold the process in contempt of this order, and to stifle the proceedings in their birth.

That the sheriff was to act under the judgment of the court, and if he had any doubt about the validity of the writ, he ought to return it. Then the court might, if cause was shewn, quash it as illegal.

That his not being obliged to return process against ambassadors was owing to the statue of Ann: and this exemption was singular, and not to be extended here.

That though a writ might be void, where the court had no jurisdiction of the cause, or issued a writ, which they had no authority to issue; yet the cause here was trespass upon the case, of which the court may hold plea, and the process was a foreign attachment; which they certainly had authority to issue.

That to suffer the sheriff to suppress writs at pleasure, was establishing a dangerous precedent, which in future would be greatly abused.

That the questions upon which this cause depended, were important, and deserved the fullest consideration: and that an appeal from one tribunal to another, was the right and the security of the subject. But if the writ was now to be suppressed, there could be no record to be removed, and the plaintiff was left without remedy.

They finally observed, that this mode of applying to a court of judicature, to decide on the justice of the plaintiff's demand, was every way preferable to that proposed by the attorney general, of sending him to complain to the executive power, who could give him no redress, but by appealing to arms, and involving the state in a war.

They therefore prayed, that the rule might be made absolute.

THE COURT held the matter some days under advisement—and at their next meeting, THE PRESIDENT delivered it as the judgment of the court.

That the rule made upon the sheriff, to return the writ issued against the Commonwealth of Virginia, at the sit of Simon Nathan, should be discharged."
</blockquote>

==See also==
*[[Journal of the House of Delegates of Virginia]]
*[[Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781]]
*[[Wythe to Thomas Jefferson, 31 December 1781]]

==References==
<references/>

==External links==

*[https://founders.archives.gov/documents/Jefferson/01-05-02-0084 "Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 "Edmund Pendleton to Thomas Jefferson, 7 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0141 "George Wythe to Thomas Jefferson, 9 March 1781,"] Founders Online, National Archives.
*[https://en.wikisource.org/wiki/Page:United_States_Reports,_Volume_1.djvu/88 ''Simon Nathan vs. the Commonwealth of Virginia,''] Court of Common Pleas, Philadelphia County, Pennsylvania, 1781 (1 Dallas 77, Note), Wikisource.

[[Category:Letters from Wythe]]
[[Category:Letters and Papers]]

Wythe to Thomas Jefferson, 9 March 1781

2026-02-27T16:55:17Z

Gwsweeney: /* External links */

[[George Wythe]] tells [[Thomas Jefferson]] his views on a case concerning payment of bills to [https://loebjewishportraits.com/biography/simon-nathan/ Simon Nathan.]<ref>[https://archive.org/details/journalofhouseof178186virg/page/n275 ''Journal of the House of Delegates of the Commonwealth of Virginia: Begun and Held in the Town of Richmond, in the County of Henrico, on Monday, the Fifth Day of May, in the Year of Our Lord One Thousand Seven Hundred and Eighty-Three''] (Richmond, VA: Printed by Thomas W. White, 1828), 75.</ref><ref>https://archive.org/details/journalofhouseof178186virg/page/n275/mode/2up?q=nathan</ref> See [https://founders.archives.gov/documents/Jefferson/01-06-02-0259 Thomas Jefferson to Edmund Randolph, 18 July 1783] and [https://founders.archives.gov/documents/Jefferson/01-03-02-0367 Thomas Jefferson to the Board of Trade, (18? March 1780)]

==Letter text==
<blockquote>
Williamsburg, March 9th, 1781.

Notwithstanding those to whom the bills were drawn immediately payable, could not have been entitled to more than the value received for them, I think that Mr. Nathan, the endorsee, if he were not privy to that transaction, and actually paid cash, or an equivalent for them at par when he took them up, may equitably, as well as legally, insist upon the assumpsit; because the terms of the contract between the drawers and original holders not appearing in the bill, as I suppose, it could bind only themselves and such as had notice of the terms, and the contract between him and the drawers was entered into without any deception which could make it appear unfair on his part.

If he were not privy to the contract between the drawers and original holders, and had not mentioned any thing of what he paid for the bills, he might have been irreprehensible; but having informed the Executive that he had taken them up at par, if he do not prove that fact, for otherwise the contrary is presumable, because it is in his power to do it, and the other party probably cannot disprove it; I think equity will relieve against the assumpsit upon this principle, that there was a ''suggestio falsi'' on his part, and an advantage gained by it. If he knew of the contract between the drawers and original holders, as he did not mention it to the Executive, although what he said of taking them up at par be true, it seems a disputable question whether there can be any relief. It would be going too far to say that in every bargain one party should disclose to the other whatever the former knows and it is the interest of the latter to know: a total silence, if the dealing in other respects be fair, may be innocent; but if one disclose part only of what he knows, and concealing the rest, by that means gain an unconscienable advantage, this seems a culpable suppression of the truth, because the other party confided in him, and that confidence was abused by not relating the whole truth. Frivolous as this might appear in a matter of light moment; in this case, I suspect the gain to have been enormous, and suppose Mr. Nathan to have been well apprised of the difference between paper bills, the only money which circulated in this Commonwealth, and gold and silver, I think it a good foundation for controverting his demand.

[[George Wythe|G. WYTHE]]
</blockquote>

==Edmund Pendleton's Response to the Issue==
<blockquote>
From Edmund Pendleton

Edmundsburg, March 7, 1781.

Sir

Relying on the honor of government to keep the case on which my opinion is required out of our Courts of Justice, I see no impropriety in giving it, as you have done me the honor to request: the ground on which it is supposed a Court of Equity might relieve against that acceptance which made a new contract between the Executive and Mr. Nathan, is, that the drawers allege the bills on the Governor and treasurer of Virginia were payable in paper money, and in consequence a value was received for them only according to the then depreciation of that paper; on which head a very proper inquiry seems to be, whether the bills themselves pointed out the sort of money that was to be paid for them or the specific value received? I suppose neither, as that would neither have escaped Mr. Nathan in his purchase, nor the Executive in their acceptance, and that the bills were in the usual and general form, requiring the payment of so many dollars for value received; in which case the bills drawn in the wilderness, and circulated through one Spanish government into another, gave no clue to Mr. Nathan to suppose that any other than silver dollars were intended, so as to put him on his guard. Again, he might very properly say, I run no risk in allowing specie value for the bills, since if it should prove otherwise, and that any other mode of payment should be proposed by those on whom they are drawn, I can declare the proposition, procure a protest of the bills, and have recourse for my money to the endorser from whom I purchase. He accordingly pays full specie value, and presents his bills, which are accepted, and a mode of payment fixed to the satisfaction of both parties; a large payment is accordingly made, and near a year elapsed before any notice is given to Mr. Nathan that government had any objection to the payment as stipulated. The Executive were deceived indeed, but by whom? Not by Mr. Nathan, who, as he paid the same he demanded, was an innocent and fair purchaser; I will not say that those worthy gentlemen who drew the bills were guilty of deceit or neglect in the mode of drawing the bills, or in not giving timely notice of the different value got for them, since I impute these to the hurry they were in, and the difficulty of conveying timely intelligence; but surely the present difficulty is derived from that source, and it is more just that the State should bear the loss than that it should fall on a man who has the law on his side, is in no fault at all, and who has now lost that advantage a protest at first would have entitled him to, of recurring for his money to the man of whom he purchased the bills.

Thus you discover, Sir, my opinion to be in favor of Mr. Nathan, an opinion however, drawn from general principles, and not from any determination I recollect on the subject. You and the Council will judge of the reasoning, and afterwards perhaps it may give the public more satisfaction to have the matter arbitrated in the way you proposed, than to have it rest on my judgment. I have the honor to be, the Council’s and your excellency’s most obedient servant,

Edmund Pendleton<ref>[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 Edmund Pendleton to Thomas Jefferson, 7 March 1781]</ref>
</blockquote>

==Simon Nathan v. The Commonwealth of Virginia==
===Page 77===
<blockquote>
As the following case<ref>Simon Nathan versus the Commonwealth of Virginia. 1 U.S. 77, 80 (1781).</ref> may give some satisfaction to our sister states, I hope the insertion of it here, will not be deemed an improper deviation from my intention, to confine the reports of decisions in the ''Common Pleas'', to those which have occurred since the appointment of Mr. President Shippen — particularly, as I have reason to believe, that the principle of this adjudication, met with the approbation of all the judges, of the Supreme Court.

:::Common Pleas, Philadelphia County.
::::September Term, 1781.
::Simon Nathan versus the Commonwealth of Virginia.

A foreign attachment was issued against the Commonwealth of Virginia, at the suit of Simon Nathan: and a quantity of cloathing, imported from France, be-
</blockquote>

===Page 78===
<blockquote>
longing to that state, was attached in Philadelphia. The delegates in Congress from Virginia, conceiving this a violation of the laws of nations, applied to the supreme executive council of Pennsylvania, by whom the sheriff was ordered to give up the goods.

The council for the plaintiff, finding that the sheriff suppressed the writ, and made no return of his proceedings, obtained, September 20, 1781, a rule that the sheriff should return the writ, unless cause was shewn

They contended that the sheriff was a ministerial officer; that he could nor dispute the authority of the court, out of which the writ issues, but was bound to execute and return it at his own peril. 6 Co. 54

That those cases in England, where the sheriff was not compelled to return writs issued against ambassadors or their retinue, depended upon the Stat. 7 Ann. c. 12. which did not extend to this state

The Attorney General, on the part of the sheriff, and by direction of the supreme executive council, shewed cause, and prayed that the rule might be discharged.

He premised, that though the several states, which form our federal republic, had, by the confederation, ceded many of the prerogatives of sovereignty to the United States, yet these voluntary engagements did not injure their independence on each other; but that each was a sovereign, "with every power, jurisdiction, and right, not expressly given up."

He then laid down two positions. First: that every kind of process, issued against a sovereign, is a violation of the laws of nations; and is in itself null and void. Secondly: that a sheriff cannot be compelled to serve or return a void writ.

I. The first point he endeavoured to prove, by considering, first the nature of sovereignty: and, secondly, the rules of law, relative to process issued against ambassadors, the representatives of sovereigns.

He said, that all sovereigns are in a state of equality and independence, exempt from each other's jurisdiction, and accountable to no power on earth, unless with their own consent.

That sovereigns, with regard to each other, were always considered as individuals in a state of nature, where all enjoy the same prerogatives, where there could be no subordination to a supreme authority, nor any judge to define their rights, or redress their wrongs.

That all jurisdiction implies superiority over the party, and authority in the judge to execute his decrees: but there could be no superiority, where there was a perfect equality — no authority, where there was an entire independence.

That the king of England, as sovereign of the nation, is said to be independent of all, and subject to no one but God: and his crown is ilil.ed imperial, on purpose to assert that he owes no kind of subjection to any potentate on earth. No compulsory action can be brought against him, even in his own courts.

That a sovereign, when in a foreign country, is always considered by civilized nations, as exempt from its jurisdiction, privileged from arrests, and not subject to its laws.

Hence this inference was drawn, that the court having no jurisdiction over Virginia, all its process against that state, must be ''coram non judice'', and consequently void. 1 Vatt. p. 2. 133. 2. Vatt. 158. 1 Blackst. 141. 5 Bac. 450.

It was then observed, that there being no instance in our law books, of any process against a sovereign, it was proper to consider the rules of law relative to process against their representatives.

The Statute of Ann was read, with the history of the outrage that gave birth to it; which act declares that all process against the person, or goods, or domestics of an ambassador shall be null and void, and all concerned in issuing or serving it should be punished as infractors of the laws of nations.

That this Statute was not introductory of any rule, but barely declaratory of the laws of nations. That there was nothing new in it, except the clause prescribing a summary mode of punishment. That it was a part of the common law of the land before, and consequently extended to Pennsylvania. 4 Blacst. 67. 3 Burr. 1480. 4 Burr. 2016.
</blockquote>

===Page 79===
<blockquote>
Hence it was concluded, that if process against an ambassador be null and void, ''a fortiori'', shall it be void if issued against a sovereign.

That the true reason of the minister's exemption from process is the independence and sovereignty of the person he represents. And although by engaging in trade, he may so far divest himself of his public character, as to subject these goods to attachment, yet in every case where he represents his master, his property is sacred. But a sovereign cannot subject himself by implication: he must do it expressly.

That though the goods of a sovereign, as well as of an individual, might be liable for freight, or duties, or subject to forfeiture; yet in those cases, there was a lien on the goods, they were answerable, and the process was ''in rem'' in this case, it was ''in personam'' and the goods were attached merely to compel the party's appearance to answer the plaintiff's demand. And no sovereign would submit to the indignity of doing this.

Hence it was inferred that the writ was a mere nullity.

II. Upon the second point, authorities were read to explain the case produced by the plaintiff's council, and to shew a distinction between an erroneous and a void writ. That the sheriff was bound to execute and return the writ, although erroneous, if the court had jurisdiction. But when the court had no jurisdiction, the writ was void, and the sheriff was a trespasser if he dared to obey it; a void authority being the same as none. That in England, the sheriffs were never obliged to return a writ, if upon shewing cause, it appeared that the defendant was a public minister, or one of his domestics. 5 Bac. 431. Salk. 700. 2 Barnes. 1 Wils. 20.

That suppressing the writ was not making the sheriff judge, because he was obliged to assign a reason for so doing: and on the legality of that reason the court was now to determine.

He added, that if the sheriff had attached the goods, he was liable to punishment, and to compel him to return his proceedings, was to oblige him to put his offence upon record, and to furnish testimony against himself.

He finally observed that the writ was void, or it was not. If void, the sheriff need pay no attention to it: if not void, he was obliged to execute it at all events; and if so, these inconveniencies would follow. That any disaffected person, who happened to be a creditor of the United States, might injure our public defence, and retard or ruin the operations of a campaign; that he might issue an attachment against the cannon of General Washington, or seize the public money designed for the payment of his army. That the states united or several, would never submit to put in special bail (which must be done to prevent judgment) and to answer before the tribunal of a sister state.

That the plaintiff was under no peculiar inconvenience. Every creditor of this state or of the United States lay under the same. If his demand was just, Virginia would, upon application, do what was right; if not, and flagrant injustice was done him, he might (if a subject of this state, and entitled to its protection) complain to the executive power of Pennsylvania.

He concluded with observing on the importance of suppressing such measures as the present, at their first appearance, and of preserving the rights of sovereign states inviolate — and prayed that the rule might be discharged.

The counsel for the plaintiff insisted, that though Virginia was a sovereign state, yet this ought not to exempt her property in every case from the laws and jurisdiction of another state. That sovereignty should never be made a plea in bar of justice: and that the true idea of prerogative, was the power of doing good, and not, as it had sometimes been expressed, "the divine right of doing ill."

That every person, and all property within this state, was subject to its jurisdiction, by so being within it, except a sovereign power, and the representative of a sovereign power, with his domestics and effects, which he holds as representative.

That if an ambassador engages in trade, his property so engaged is liable to attachment, Vat B. IV sect. 114. and if a sovereign state turns merchant, and draws, or accepts bills of exchange, its property ought in like manner to be subject
</blockquote>

===Page 80===
<blockquote>
to the law merchant, and answerable in the state where it happens to be imported.

That sovereignty is better represented by persons than things: and as any or all the citizens of Virginia would be amenable to the jurisdiction of this state, if they were to come within its bounds, so there is no reason why property brought here should not be attached as well as the citizen arrested.

That one sovereign may lay duties upon the goods of another: and this appears to have been the sense of Congress, by their expressly stipulating in the articles of confederation, that no duties should be laid by one state on the property of another.

That the goods, which were attached, were- certainly liable for their freight: so if they had been imported contrary to law, they were subject to forfeiture: process against them might issue out of this court, and jurisdiction over them be exercised, the sovereignty of Virginia notwithstanding.

That if a vessel belonging to Virginia, should be taken, as prize retaken, and libelled here, Virginia must submit her claim to the decision of the admiralty of Pennsylvania, and could not claim an exemption, on account of her sovereignty.

That a sovereign state may wave its rights— and by the very act of importing merchandize, it subjects itself to the jurisdiction of the country.

That all property in this state is under the protection of the government, and therefore should be answerable in its turn, and amenable to its laws.

That the statute of Ann, though declaratory, is only declaratory of the ideas which that parliament entertained of the laws of nations. These were often erroneous, and could not be binding on us.

That whatever might be the case with regard to foreign ministers, by the articles of confederation, the delegates from Virginia were privileged only in their persons, and not in their goods: and as they represent the state, it was to be presumed, they enjoy every exemption that their sovereign expected or claimed.

They said, that whether Virginia was subject to, or exempt from, the jurisdiction of this state, in the present instance, was not the point now in question: it was only, whether the sheriff should or should not obey the command of the court.

That by the writ, he was directed to return it to the court, and he was not to withhold the process in contempt of this order, and to stifle the proceedings in their birth.

That the sheriff was to act under the judgment of the court, and if he had any doubt about the validity of the writ, he ought to return it. Then the court might, if cause was shewn, quash it as illegal.

That his not being obliged to return process against ambassadors was owing to the statue of Ann: and this exemption was singular, and not to be extended here.

That though a writ might be void, where the court had no jurisdiction of the cause, or issued a writ, which they had no authority to issue; yet the cause here was trespass upon the case, of which the court may hold plea, and the process was a foreign attachment; which they certainly had authority to issue.

That to suffer the sheriff to suppress writs at pleasure, was establishing a dangerous precedent, which in future would be greatly abused.

That the questions upon which this cause depended, were important, and deserved the fullest consideration: and that an appeal from one tribunal to another, was the right and the security of the subject. But if the writ was now to be suppressed, there could be no record to be removed, and the plaintiff was left without remedy.

They finally observed, that this mode of applying to a court of judicature, to decide on the justice of the plaintiff's demand, was every way preferable to that proposed by the attorney general, of sending him to complain to the executive power, who could give him no redress, but by appealing to arms, and involving the state in a war.

They therefore prayed, that the rule might be made absolute.

THE COURT held the matter some days under advisement—and at their next meeting, THE PRESIDENT delivered it as the judgment of the court.

That the rule made upon the sheriff, to return the writ issued against the Commonwealth of Virginia, at the sit of Simon Nathan, should be discharged."
</blockquote>

==See also==
*[[Journal of the House of Delegates of Virginia]]
*[[Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781]]
*[[Wythe to Thomas Jefferson, 31 December 1781]]

==References==
<references/>

==External links==

*[https://founders.archives.gov/documents/Jefferson/01-05-02-0084 "Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 "Edmund Pendleton to Thomas Jefferson, 7 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0141 "George Wythe to Thomas Jefferson, 9 March 1781,"] Founders Online, National Archives.
*[https://en.wikisource.org/wiki/Page:United_States_Reports,_Volume_1.djvu/88 ''Simon Nathan vs. the Commonwealth of Virginia''] Common Pleas, Philadelphia County, Pennsylvania, 1781 (1 Dallas 77, Note), Wikisource.

[[Category:Letters from Wythe]]
[[Category:Letters and Papers]]

Wythe to Thomas Jefferson, 9 March 1781

2026-02-27T16:51:59Z

Gwsweeney: /* External links */

[[George Wythe]] tells [[Thomas Jefferson]] his views on a case concerning payment of bills to [https://loebjewishportraits.com/biography/simon-nathan/ Simon Nathan.]<ref>[https://archive.org/details/journalofhouseof178186virg/page/n275 ''Journal of the House of Delegates of the Commonwealth of Virginia: Begun and Held in the Town of Richmond, in the County of Henrico, on Monday, the Fifth Day of May, in the Year of Our Lord One Thousand Seven Hundred and Eighty-Three''] (Richmond, VA: Printed by Thomas W. White, 1828), 75.</ref><ref>https://archive.org/details/journalofhouseof178186virg/page/n275/mode/2up?q=nathan</ref> See [https://founders.archives.gov/documents/Jefferson/01-06-02-0259 Thomas Jefferson to Edmund Randolph, 18 July 1783] and [https://founders.archives.gov/documents/Jefferson/01-03-02-0367 Thomas Jefferson to the Board of Trade, (18? March 1780)]

==Letter text==
<blockquote>
Williamsburg, March 9th, 1781.

Notwithstanding those to whom the bills were drawn immediately payable, could not have been entitled to more than the value received for them, I think that Mr. Nathan, the endorsee, if he were not privy to that transaction, and actually paid cash, or an equivalent for them at par when he took them up, may equitably, as well as legally, insist upon the assumpsit; because the terms of the contract between the drawers and original holders not appearing in the bill, as I suppose, it could bind only themselves and such as had notice of the terms, and the contract between him and the drawers was entered into without any deception which could make it appear unfair on his part.

If he were not privy to the contract between the drawers and original holders, and had not mentioned any thing of what he paid for the bills, he might have been irreprehensible; but having informed the Executive that he had taken them up at par, if he do not prove that fact, for otherwise the contrary is presumable, because it is in his power to do it, and the other party probably cannot disprove it; I think equity will relieve against the assumpsit upon this principle, that there was a ''suggestio falsi'' on his part, and an advantage gained by it. If he knew of the contract between the drawers and original holders, as he did not mention it to the Executive, although what he said of taking them up at par be true, it seems a disputable question whether there can be any relief. It would be going too far to say that in every bargain one party should disclose to the other whatever the former knows and it is the interest of the latter to know: a total silence, if the dealing in other respects be fair, may be innocent; but if one disclose part only of what he knows, and concealing the rest, by that means gain an unconscienable advantage, this seems a culpable suppression of the truth, because the other party confided in him, and that confidence was abused by not relating the whole truth. Frivolous as this might appear in a matter of light moment; in this case, I suspect the gain to have been enormous, and suppose Mr. Nathan to have been well apprised of the difference between paper bills, the only money which circulated in this Commonwealth, and gold and silver, I think it a good foundation for controverting his demand.

[[George Wythe|G. WYTHE]]
</blockquote>

==Edmund Pendleton's Response to the Issue==
<blockquote>
From Edmund Pendleton

Edmundsburg, March 7, 1781.

Sir

Relying on the honor of government to keep the case on which my opinion is required out of our Courts of Justice, I see no impropriety in giving it, as you have done me the honor to request: the ground on which it is supposed a Court of Equity might relieve against that acceptance which made a new contract between the Executive and Mr. Nathan, is, that the drawers allege the bills on the Governor and treasurer of Virginia were payable in paper money, and in consequence a value was received for them only according to the then depreciation of that paper; on which head a very proper inquiry seems to be, whether the bills themselves pointed out the sort of money that was to be paid for them or the specific value received? I suppose neither, as that would neither have escaped Mr. Nathan in his purchase, nor the Executive in their acceptance, and that the bills were in the usual and general form, requiring the payment of so many dollars for value received; in which case the bills drawn in the wilderness, and circulated through one Spanish government into another, gave no clue to Mr. Nathan to suppose that any other than silver dollars were intended, so as to put him on his guard. Again, he might very properly say, I run no risk in allowing specie value for the bills, since if it should prove otherwise, and that any other mode of payment should be proposed by those on whom they are drawn, I can declare the proposition, procure a protest of the bills, and have recourse for my money to the endorser from whom I purchase. He accordingly pays full specie value, and presents his bills, which are accepted, and a mode of payment fixed to the satisfaction of both parties; a large payment is accordingly made, and near a year elapsed before any notice is given to Mr. Nathan that government had any objection to the payment as stipulated. The Executive were deceived indeed, but by whom? Not by Mr. Nathan, who, as he paid the same he demanded, was an innocent and fair purchaser; I will not say that those worthy gentlemen who drew the bills were guilty of deceit or neglect in the mode of drawing the bills, or in not giving timely notice of the different value got for them, since I impute these to the hurry they were in, and the difficulty of conveying timely intelligence; but surely the present difficulty is derived from that source, and it is more just that the State should bear the loss than that it should fall on a man who has the law on his side, is in no fault at all, and who has now lost that advantage a protest at first would have entitled him to, of recurring for his money to the man of whom he purchased the bills.

Thus you discover, Sir, my opinion to be in favor of Mr. Nathan, an opinion however, drawn from general principles, and not from any determination I recollect on the subject. You and the Council will judge of the reasoning, and afterwards perhaps it may give the public more satisfaction to have the matter arbitrated in the way you proposed, than to have it rest on my judgment. I have the honor to be, the Council’s and your excellency’s most obedient servant,

Edmund Pendleton<ref>[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 Edmund Pendleton to Thomas Jefferson, 7 March 1781]</ref>
</blockquote>

==Simon Nathan v. The Commonwealth of Virginia==
===Page 77===
<blockquote>
As the following case<ref>Simon Nathan versus the Commonwealth of Virginia. 1 U.S. 77, 80 (1781).</ref> may give some satisfaction to our sister states, I hope the insertion of it here, will not be deemed an improper deviation from my intention, to confine the reports of decisions in the ''Common Pleas'', to those which have occurred since the appointment of Mr. President Shippen — particularly, as I have reason to believe, that the principle of this adjudication, met with the approbation of all the judges, of the Supreme Court.

:::Common Pleas, Philadelphia County.
::::September Term, 1781.
::Simon Nathan versus the Commonwealth of Virginia.

A foreign attachment was issued against the Commonwealth of Virginia, at the suit of Simon Nathan: and a quantity of cloathing, imported from France, be-
</blockquote>

===Page 78===
<blockquote>
longing to that state, was attached in Philadelphia. The delegates in Congress from Virginia, conceiving this a violation of the laws of nations, applied to the supreme executive council of Pennsylvania, by whom the sheriff was ordered to give up the goods.

The council for the plaintiff, finding that the sheriff suppressed the writ, and made no return of his proceedings, obtained, September 20, 1781, a rule that the sheriff should return the writ, unless cause was shewn

They contended that the sheriff was a ministerial officer; that he could nor dispute the authority of the court, out of which the writ issues, but was bound to execute and return it at his own peril. 6 Co. 54

That those cases in England, where the sheriff was not compelled to return writs issued against ambassadors or their retinue, depended upon the Stat. 7 Ann. c. 12. which did not extend to this state

The Attorney General, on the part of the sheriff, and by direction of the supreme executive council, shewed cause, and prayed that the rule might be discharged.

He premised, that though the several states, which form our federal republic, had, by the confederation, ceded many of the prerogatives of sovereignty to the United States, yet these voluntary engagements did not injure their independence on each other; but that each was a sovereign, "with every power, jurisdiction, and right, not expressly given up."

He then laid down two positions. First: that every kind of process, issued against a sovereign, is a violation of the laws of nations; and is in itself null and void. Secondly: that a sheriff cannot be compelled to serve or return a void writ.

I. The first point he endeavoured to prove, by considering, first the nature of sovereignty: and, secondly, the rules of law, relative to process issued against ambassadors, the representatives of sovereigns.

He said, that all sovereigns are in a state of equality and independence, exempt from each other's jurisdiction, and accountable to no power on earth, unless with their own consent.

That sovereigns, with regard to each other, were always considered as individuals in a state of nature, where all enjoy the same prerogatives, where there could be no subordination to a supreme authority, nor any judge to define their rights, or redress their wrongs.

That all jurisdiction implies superiority over the party, and authority in the judge to execute his decrees: but there could be no superiority, where there was a perfect equality — no authority, where there was an entire independence.

That the king of England, as sovereign of the nation, is said to be independent of all, and subject to no one but God: and his crown is ilil.ed imperial, on purpose to assert that he owes no kind of subjection to any potentate on earth. No compulsory action can be brought against him, even in his own courts.

That a sovereign, when in a foreign country, is always considered by civilized nations, as exempt from its jurisdiction, privileged from arrests, and not subject to its laws.

Hence this inference was drawn, that the court having no jurisdiction over Virginia, all its process against that state, must be ''coram non judice'', and consequently void. 1 Vatt. p. 2. 133. 2. Vatt. 158. 1 Blackst. 141. 5 Bac. 450.

It was then observed, that there being no instance in our law books, of any process against a sovereign, it was proper to consider the rules of law relative to process against their representatives.

The Statute of Ann was read, with the history of the outrage that gave birth to it; which act declares that all process against the person, or goods, or domestics of an ambassador shall be null and void, and all concerned in issuing or serving it should be punished as infractors of the laws of nations.

That this Statute was not introductory of any rule, but barely declaratory of the laws of nations. That there was nothing new in it, except the clause prescribing a summary mode of punishment. That it was a part of the common law of the land before, and consequently extended to Pennsylvania. 4 Blacst. 67. 3 Burr. 1480. 4 Burr. 2016.
</blockquote>

===Page 79===
<blockquote>
Hence it was concluded, that if process against an ambassador be null and void, ''a fortiori'', shall it be void if issued against a sovereign.

That the true reason of the minister's exemption from process is the independence and sovereignty of the person he represents. And although by engaging in trade, he may so far divest himself of his public character, as to subject these goods to attachment, yet in every case where he represents his master, his property is sacred. But a sovereign cannot subject himself by implication: he must do it expressly.

That though the goods of a sovereign, as well as of an individual, might be liable for freight, or duties, or subject to forfeiture; yet in those cases, there was a lien on the goods, they were answerable, and the process was ''in rem'' in this case, it was ''in personam'' and the goods were attached merely to compel the party's appearance to answer the plaintiff's demand. And no sovereign would submit to the indignity of doing this.

Hence it was inferred that the writ was a mere nullity.

II. Upon the second point, authorities were read to explain the case produced by the plaintiff's council, and to shew a distinction between an erroneous and a void writ. That the sheriff was bound to execute and return the writ, although erroneous, if the court had jurisdiction. But when the court had no jurisdiction, the writ was void, and the sheriff was a trespasser if he dared to obey it; a void authority being the same as none. That in England, the sheriffs were never obliged to return a writ, if upon shewing cause, it appeared that the defendant was a public minister, or one of his domestics. 5 Bac. 431. Salk. 700. 2 Barnes. 1 Wils. 20.

That suppressing the writ was not making the sheriff judge, because he was obliged to assign a reason for so doing: and on the legality of that reason the court was now to determine.

He added, that if the sheriff had attached the goods, he was liable to punishment, and to compel him to return his proceedings, was to oblige him to put his offence upon record, and to furnish testimony against himself.

He finally observed that the writ was void, or it was not. If void, the sheriff need pay no attention to it: if not void, he was obliged to execute it at all events; and if so, these inconveniencies would follow. That any disaffected person, who happened to be a creditor of the United States, might injure our public defence, and retard or ruin the operations of a campaign; that he might issue an attachment against the cannon of General Washington, or seize the public money designed for the payment of his army. That the states united or several, would never submit to put in special bail (which must be done to prevent judgment) and to answer before the tribunal of a sister state.

That the plaintiff was under no peculiar inconvenience. Every creditor of this state or of the United States lay under the same. If his demand was just, Virginia would, upon application, do what was right; if not, and flagrant injustice was done him, he might (if a subject of this state, and entitled to its protection) complain to the executive power of Pennsylvania.

He concluded with observing on the importance of suppressing such measures as the present, at their first appearance, and of preserving the rights of sovereign states inviolate — and prayed that the rule might be discharged.

The counsel for the plaintiff insisted, that though Virginia was a sovereign state, yet this ought not to exempt her property in every case from the laws and jurisdiction of another state. That sovereignty should never be made a plea in bar of justice: and that the true idea of prerogative, was the power of doing good, and not, as it had sometimes been expressed, "the divine right of doing ill."

That every person, and all property within this state, was subject to its jurisdiction, by so being within it, except a sovereign power, and the representative of a sovereign power, with his domestics and effects, which he holds as representative.

That if an ambassador engages in trade, his property so engaged is liable to attachment, Vat B. IV sect. 114. and if a sovereign state turns merchant, and draws, or accepts bills of exchange, its property ought in like manner to be subject
</blockquote>

===Page 80===
<blockquote>
to the law merchant, and answerable in the state where it happens to be imported.

That sovereignty is better represented by persons than things: and as any or all the citizens of Virginia would be amenable to the jurisdiction of this state, if they were to come within its bounds, so there is no reason why property brought here should not be attached as well as the citizen arrested.

That one sovereign may lay duties upon the goods of another: and this appears to have been the sense of Congress, by their expressly stipulating in the articles of confederation, that no duties should be laid by one state on the property of another.

That the goods, which were attached, were- certainly liable for their freight: so if they had been imported contrary to law, they were subject to forfeiture: process against them might issue out of this court, and jurisdiction over them be exercised, the sovereignty of Virginia notwithstanding.

That if a vessel belonging to Virginia, should be taken, as prize retaken, and libelled here, Virginia must submit her claim to the decision of the admiralty of Pennsylvania, and could not claim an exemption, on account of her sovereignty.

That a sovereign state may wave its rights— and by the very act of importing merchandize, it subjects itself to the jurisdiction of the country.

That all property in this state is under the protection of the government, and therefore should be answerable in its turn, and amenable to its laws.

That the statute of Ann, though declaratory, is only declaratory of the ideas which that parliament entertained of the laws of nations. These were often erroneous, and could not be binding on us.

That whatever might be the case with regard to foreign ministers, by the articles of confederation, the delegates from Virginia were privileged only in their persons, and not in their goods: and as they represent the state, it was to be presumed, they enjoy every exemption that their sovereign expected or claimed.

They said, that whether Virginia was subject to, or exempt from, the jurisdiction of this state, in the present instance, was not the point now in question: it was only, whether the sheriff should or should not obey the command of the court.

That by the writ, he was directed to return it to the court, and he was not to withhold the process in contempt of this order, and to stifle the proceedings in their birth.

That the sheriff was to act under the judgment of the court, and if he had any doubt about the validity of the writ, he ought to return it. Then the court might, if cause was shewn, quash it as illegal.

That his not being obliged to return process against ambassadors was owing to the statue of Ann: and this exemption was singular, and not to be extended here.

That though a writ might be void, where the court had no jurisdiction of the cause, or issued a writ, which they had no authority to issue; yet the cause here was trespass upon the case, of which the court may hold plea, and the process was a foreign attachment; which they certainly had authority to issue.

That to suffer the sheriff to suppress writs at pleasure, was establishing a dangerous precedent, which in future would be greatly abused.

That the questions upon which this cause depended, were important, and deserved the fullest consideration: and that an appeal from one tribunal to another, was the right and the security of the subject. But if the writ was now to be suppressed, there could be no record to be removed, and the plaintiff was left without remedy.

They finally observed, that this mode of applying to a court of judicature, to decide on the justice of the plaintiff's demand, was every way preferable to that proposed by the attorney general, of sending him to complain to the executive power, who could give him no redress, but by appealing to arms, and involving the state in a war.

They therefore prayed, that the rule might be made absolute.

THE COURT held the matter some days under advisement—and at their next meeting, THE PRESIDENT delivered it as the judgment of the court.

That the rule made upon the sheriff, to return the writ issued against the Commonwealth of Virginia, at the sit of Simon Nathan, should be discharged."
</blockquote>

==See also==
*[[Journal of the House of Delegates of Virginia]]
*[[Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781]]
*[[Wythe to Thomas Jefferson, 31 December 1781]]

==References==
<references/>

==External links==

*[https://founders.archives.gov/documents/Jefferson/01-05-02-0084 "Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 "Edmund Pendleton to Thomas Jefferson, 7 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0141 "George Wythe to Thomas Jefferson, 9 March 1781,"] Founders Online, National Archives.
*[https://en.wikisource.org/wiki/Page:United_States_Reports,_Volume_1.djvu/88 ''Simon Nathan vs. the Commonwealth of Virginia''] (1 Dallas 77), Wikisource.

[[Category:Letters from Wythe]]
[[Category:Letters and Papers]]

Wythe to Thomas Jefferson, 9 March 1781

2026-02-27T16:41:42Z

Gwsweeney: /* External links */

[[George Wythe]] tells [[Thomas Jefferson]] his views on a case concerning payment of bills to [https://loebjewishportraits.com/biography/simon-nathan/ Simon Nathan.]<ref>[https://archive.org/details/journalofhouseof178186virg/page/n275 ''Journal of the House of Delegates of the Commonwealth of Virginia: Begun and Held in the Town of Richmond, in the County of Henrico, on Monday, the Fifth Day of May, in the Year of Our Lord One Thousand Seven Hundred and Eighty-Three''] (Richmond, VA: Printed by Thomas W. White, 1828), 75.</ref><ref>https://archive.org/details/journalofhouseof178186virg/page/n275/mode/2up?q=nathan</ref> See [https://founders.archives.gov/documents/Jefferson/01-06-02-0259 Thomas Jefferson to Edmund Randolph, 18 July 1783] and [https://founders.archives.gov/documents/Jefferson/01-03-02-0367 Thomas Jefferson to the Board of Trade, (18? March 1780)]

==Letter text==
<blockquote>
Williamsburg, March 9th, 1781.

Notwithstanding those to whom the bills were drawn immediately payable, could not have been entitled to more than the value received for them, I think that Mr. Nathan, the endorsee, if he were not privy to that transaction, and actually paid cash, or an equivalent for them at par when he took them up, may equitably, as well as legally, insist upon the assumpsit; because the terms of the contract between the drawers and original holders not appearing in the bill, as I suppose, it could bind only themselves and such as had notice of the terms, and the contract between him and the drawers was entered into without any deception which could make it appear unfair on his part.

If he were not privy to the contract between the drawers and original holders, and had not mentioned any thing of what he paid for the bills, he might have been irreprehensible; but having informed the Executive that he had taken them up at par, if he do not prove that fact, for otherwise the contrary is presumable, because it is in his power to do it, and the other party probably cannot disprove it; I think equity will relieve against the assumpsit upon this principle, that there was a ''suggestio falsi'' on his part, and an advantage gained by it. If he knew of the contract between the drawers and original holders, as he did not mention it to the Executive, although what he said of taking them up at par be true, it seems a disputable question whether there can be any relief. It would be going too far to say that in every bargain one party should disclose to the other whatever the former knows and it is the interest of the latter to know: a total silence, if the dealing in other respects be fair, may be innocent; but if one disclose part only of what he knows, and concealing the rest, by that means gain an unconscienable advantage, this seems a culpable suppression of the truth, because the other party confided in him, and that confidence was abused by not relating the whole truth. Frivolous as this might appear in a matter of light moment; in this case, I suspect the gain to have been enormous, and suppose Mr. Nathan to have been well apprised of the difference between paper bills, the only money which circulated in this Commonwealth, and gold and silver, I think it a good foundation for controverting his demand.

[[George Wythe|G. WYTHE]]
</blockquote>

==Edmund Pendleton's Response to the Issue==
<blockquote>
From Edmund Pendleton

Edmundsburg, March 7, 1781.

Sir

Relying on the honor of government to keep the case on which my opinion is required out of our Courts of Justice, I see no impropriety in giving it, as you have done me the honor to request: the ground on which it is supposed a Court of Equity might relieve against that acceptance which made a new contract between the Executive and Mr. Nathan, is, that the drawers allege the bills on the Governor and treasurer of Virginia were payable in paper money, and in consequence a value was received for them only according to the then depreciation of that paper; on which head a very proper inquiry seems to be, whether the bills themselves pointed out the sort of money that was to be paid for them or the specific value received? I suppose neither, as that would neither have escaped Mr. Nathan in his purchase, nor the Executive in their acceptance, and that the bills were in the usual and general form, requiring the payment of so many dollars for value received; in which case the bills drawn in the wilderness, and circulated through one Spanish government into another, gave no clue to Mr. Nathan to suppose that any other than silver dollars were intended, so as to put him on his guard. Again, he might very properly say, I run no risk in allowing specie value for the bills, since if it should prove otherwise, and that any other mode of payment should be proposed by those on whom they are drawn, I can declare the proposition, procure a protest of the bills, and have recourse for my money to the endorser from whom I purchase. He accordingly pays full specie value, and presents his bills, which are accepted, and a mode of payment fixed to the satisfaction of both parties; a large payment is accordingly made, and near a year elapsed before any notice is given to Mr. Nathan that government had any objection to the payment as stipulated. The Executive were deceived indeed, but by whom? Not by Mr. Nathan, who, as he paid the same he demanded, was an innocent and fair purchaser; I will not say that those worthy gentlemen who drew the bills were guilty of deceit or neglect in the mode of drawing the bills, or in not giving timely notice of the different value got for them, since I impute these to the hurry they were in, and the difficulty of conveying timely intelligence; but surely the present difficulty is derived from that source, and it is more just that the State should bear the loss than that it should fall on a man who has the law on his side, is in no fault at all, and who has now lost that advantage a protest at first would have entitled him to, of recurring for his money to the man of whom he purchased the bills.

Thus you discover, Sir, my opinion to be in favor of Mr. Nathan, an opinion however, drawn from general principles, and not from any determination I recollect on the subject. You and the Council will judge of the reasoning, and afterwards perhaps it may give the public more satisfaction to have the matter arbitrated in the way you proposed, than to have it rest on my judgment. I have the honor to be, the Council’s and your excellency’s most obedient servant,

Edmund Pendleton<ref>[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 Edmund Pendleton to Thomas Jefferson, 7 March 1781]</ref>
</blockquote>

==Simon Nathan v. The Commonwealth of Virginia==
===Page 77===
<blockquote>
As the following case<ref>Simon Nathan versus the Commonwealth of Virginia. 1 U.S. 77, 80 (1781).</ref> may give some satisfaction to our sister states, I hope the insertion of it here, will not be deemed an improper deviation from my intention, to confine the reports of decisions in the ''Common Pleas'', to those which have occurred since the appointment of Mr. President Shippen — particularly, as I have reason to believe, that the principle of this adjudication, met with the approbation of all the judges, of the Supreme Court.

:::Common Pleas, Philadelphia County.
::::September Term, 1781.
::Simon Nathan versus the Commonwealth of Virginia.

A foreign attachment was issued against the Commonwealth of Virginia, at the suit of Simon Nathan: and a quantity of cloathing, imported from France, be-
</blockquote>

===Page 78===
<blockquote>
longing to that state, was attached in Philadelphia. The delegates in Congress from Virginia, conceiving this a violation of the laws of nations, applied to the supreme executive council of Pennsylvania, by whom the sheriff was ordered to give up the goods.

The council for the plaintiff, finding that the sheriff suppressed the writ, and made no return of his proceedings, obtained, September 20, 1781, a rule that the sheriff should return the writ, unless cause was shewn

They contended that the sheriff was a ministerial officer; that he could nor dispute the authority of the court, out of which the writ issues, but was bound to execute and return it at his own peril. 6 Co. 54

That those cases in England, where the sheriff was not compelled to return writs issued against ambassadors or their retinue, depended upon the Stat. 7 Ann. c. 12. which did not extend to this state

The Attorney General, on the part of the sheriff, and by direction of the supreme executive council, shewed cause, and prayed that the rule might be discharged.

He premised, that though the several states, which form our federal republic, had, by the confederation, ceded many of the prerogatives of sovereignty to the United States, yet these voluntary engagements did not injure their independence on each other; but that each was a sovereign, "with every power, jurisdiction, and right, not expressly given up."

He then laid down two positions. First: that every kind of process, issued against a sovereign, is a violation of the laws of nations; and is in itself null and void. Secondly: that a sheriff cannot be compelled to serve or return a void writ.

I. The first point he endeavoured to prove, by considering, first the nature of sovereignty: and, secondly, the rules of law, relative to process issued against ambassadors, the representatives of sovereigns.

He said, that all sovereigns are in a state of equality and independence, exempt from each other's jurisdiction, and accountable to no power on earth, unless with their own consent.

That sovereigns, with regard to each other, were always considered as individuals in a state of nature, where all enjoy the same prerogatives, where there could be no subordination to a supreme authority, nor any judge to define their rights, or redress their wrongs.

That all jurisdiction implies superiority over the party, and authority in the judge to execute his decrees: but there could be no superiority, where there was a perfect equality — no authority, where there was an entire independence.

That the king of England, as sovereign of the nation, is said to be independent of all, and subject to no one but God: and his crown is ilil.ed imperial, on purpose to assert that he owes no kind of subjection to any potentate on earth. No compulsory action can be brought against him, even in his own courts.

That a sovereign, when in a foreign country, is always considered by civilized nations, as exempt from its jurisdiction, privileged from arrests, and not subject to its laws.

Hence this inference was drawn, that the court having no jurisdiction over Virginia, all its process against that state, must be ''coram non judice'', and consequently void. 1 Vatt. p. 2. 133. 2. Vatt. 158. 1 Blackst. 141. 5 Bac. 450.

It was then observed, that there being no instance in our law books, of any process against a sovereign, it was proper to consider the rules of law relative to process against their representatives.

The Statute of Ann was read, with the history of the outrage that gave birth to it; which act declares that all process against the person, or goods, or domestics of an ambassador shall be null and void, and all concerned in issuing or serving it should be punished as infractors of the laws of nations.

That this Statute was not introductory of any rule, but barely declaratory of the laws of nations. That there was nothing new in it, except the clause prescribing a summary mode of punishment. That it was a part of the common law of the land before, and consequently extended to Pennsylvania. 4 Blacst. 67. 3 Burr. 1480. 4 Burr. 2016.
</blockquote>

===Page 79===
<blockquote>
Hence it was concluded, that if process against an ambassador be null and void, ''a fortiori'', shall it be void if issued against a sovereign.

That the true reason of the minister's exemption from process is the independence and sovereignty of the person he represents. And although by engaging in trade, he may so far divest himself of his public character, as to subject these goods to attachment, yet in every case where he represents his master, his property is sacred. But a sovereign cannot subject himself by implication: he must do it expressly.

That though the goods of a sovereign, as well as of an individual, might be liable for freight, or duties, or subject to forfeiture; yet in those cases, there was a lien on the goods, they were answerable, and the process was ''in rem'' in this case, it was ''in personam'' and the goods were attached merely to compel the party's appearance to answer the plaintiff's demand. And no sovereign would submit to the indignity of doing this.

Hence it was inferred that the writ was a mere nullity.

II. Upon the second point, authorities were read to explain the case produced by the plaintiff's council, and to shew a distinction between an erroneous and a void writ. That the sheriff was bound to execute and return the writ, although erroneous, if the court had jurisdiction. But when the court had no jurisdiction, the writ was void, and the sheriff was a trespasser if he dared to obey it; a void authority being the same as none. That in England, the sheriffs were never obliged to return a writ, if upon shewing cause, it appeared that the defendant was a public minister, or one of his domestics. 5 Bac. 431. Salk. 700. 2 Barnes. 1 Wils. 20.

That suppressing the writ was not making the sheriff judge, because he was obliged to assign a reason for so doing: and on the legality of that reason the court was now to determine.

He added, that if the sheriff had attached the goods, he was liable to punishment, and to compel him to return his proceedings, was to oblige him to put his offence upon record, and to furnish testimony against himself.

He finally observed that the writ was void, or it was not. If void, the sheriff need pay no attention to it: if not void, he was obliged to execute it at all events; and if so, these inconveniencies would follow. That any disaffected person, who happened to be a creditor of the United States, might injure our public defence, and retard or ruin the operations of a campaign; that he might issue an attachment against the cannon of General Washington, or seize the public money designed for the payment of his army. That the states united or several, would never submit to put in special bail (which must be done to prevent judgment) and to answer before the tribunal of a sister state.

That the plaintiff was under no peculiar inconvenience. Every creditor of this state or of the United States lay under the same. If his demand was just, Virginia would, upon application, do what was right; if not, and flagrant injustice was done him, he might (if a subject of this state, and entitled to its protection) complain to the executive power of Pennsylvania.

He concluded with observing on the importance of suppressing such measures as the present, at their first appearance, and of preserving the rights of sovereign states inviolate — and prayed that the rule might be discharged.

The counsel for the plaintiff insisted, that though Virginia was a sovereign state, yet this ought not to exempt her property in every case from the laws and jurisdiction of another state. That sovereignty should never be made a plea in bar of justice: and that the true idea of prerogative, was the power of doing good, and not, as it had sometimes been expressed, "the divine right of doing ill."

That every person, and all property within this state, was subject to its jurisdiction, by so being within it, except a sovereign power, and the representative of a sovereign power, with his domestics and effects, which he holds as representative.

That if an ambassador engages in trade, his property so engaged is liable to attachment, Vat B. IV sect. 114. and if a sovereign state turns merchant, and draws, or accepts bills of exchange, its property ought in like manner to be subject
</blockquote>

===Page 80===
<blockquote>
to the law merchant, and answerable in the state where it happens to be imported.

That sovereignty is better represented by persons than things: and as any or all the citizens of Virginia would be amenable to the jurisdiction of this state, if they were to come within its bounds, so there is no reason why property brought here should not be attached as well as the citizen arrested.

That one sovereign may lay duties upon the goods of another: and this appears to have been the sense of Congress, by their expressly stipulating in the articles of confederation, that no duties should be laid by one state on the property of another.

That the goods, which were attached, were- certainly liable for their freight: so if they had been imported contrary to law, they were subject to forfeiture: process against them might issue out of this court, and jurisdiction over them be exercised, the sovereignty of Virginia notwithstanding.

That if a vessel belonging to Virginia, should be taken, as prize retaken, and libelled here, Virginia must submit her claim to the decision of the admiralty of Pennsylvania, and could not claim an exemption, on account of her sovereignty.

That a sovereign state may wave its rights— and by the very act of importing merchandize, it subjects itself to the jurisdiction of the country.

That all property in this state is under the protection of the government, and therefore should be answerable in its turn, and amenable to its laws.

That the statute of Ann, though declaratory, is only declaratory of the ideas which that parliament entertained of the laws of nations. These were often erroneous, and could not be binding on us.

That whatever might be the case with regard to foreign ministers, by the articles of confederation, the delegates from Virginia were privileged only in their persons, and not in their goods: and as they represent the state, it was to be presumed, they enjoy every exemption that their sovereign expected or claimed.

They said, that whether Virginia was subject to, or exempt from, the jurisdiction of this state, in the present instance, was not the point now in question: it was only, whether the sheriff should or should not obey the command of the court.

That by the writ, he was directed to return it to the court, and he was not to withhold the process in contempt of this order, and to stifle the proceedings in their birth.

That the sheriff was to act under the judgment of the court, and if he had any doubt about the validity of the writ, he ought to return it. Then the court might, if cause was shewn, quash it as illegal.

That his not being obliged to return process against ambassadors was owing to the statue of Ann: and this exemption was singular, and not to be extended here.

That though a writ might be void, where the court had no jurisdiction of the cause, or issued a writ, which they had no authority to issue; yet the cause here was trespass upon the case, of which the court may hold plea, and the process was a foreign attachment; which they certainly had authority to issue.

That to suffer the sheriff to suppress writs at pleasure, was establishing a dangerous precedent, which in future would be greatly abused.

That the questions upon which this cause depended, were important, and deserved the fullest consideration: and that an appeal from one tribunal to another, was the right and the security of the subject. But if the writ was now to be suppressed, there could be no record to be removed, and the plaintiff was left without remedy.

They finally observed, that this mode of applying to a court of judicature, to decide on the justice of the plaintiff's demand, was every way preferable to that proposed by the attorney general, of sending him to complain to the executive power, who could give him no redress, but by appealing to arms, and involving the state in a war.

They therefore prayed, that the rule might be made absolute.

THE COURT held the matter some days under advisement—and at their next meeting, THE PRESIDENT delivered it as the judgment of the court.

That the rule made upon the sheriff, to return the writ issued against the Commonwealth of Virginia, at the sit of Simon Nathan, should be discharged."
</blockquote>

==See also==
*[[Journal of the House of Delegates of Virginia]]
*[[Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781]]
*[[Wythe to Thomas Jefferson, 31 December 1781]]

==References==
<references/>

==External links==

*[https://en.wikisource.org/wiki/Page:United_States_Reports,_Volume_1.djvu/88 ''Simon Nathan vs. the Commonwealth of Virginia''] (1 Dallas 77), Wikisource.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0084 "Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 "Edmund Pendleton to Thomas Jefferson, 7 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0141 "George Wythe to Thomas Jefferson, 9 March 1781,"] Founders Online, National Archives.

[[Category:Letters from Wythe]]
[[Category:Letters and Papers]]

Wythe to Thomas Jefferson, 9 March 1781

2026-02-27T16:41:04Z

Gwsweeney: /* External links */

[[George Wythe]] tells [[Thomas Jefferson]] his views on a case concerning payment of bills to [https://loebjewishportraits.com/biography/simon-nathan/ Simon Nathan.]<ref>[https://archive.org/details/journalofhouseof178186virg/page/n275 ''Journal of the House of Delegates of the Commonwealth of Virginia: Begun and Held in the Town of Richmond, in the County of Henrico, on Monday, the Fifth Day of May, in the Year of Our Lord One Thousand Seven Hundred and Eighty-Three''] (Richmond, VA: Printed by Thomas W. White, 1828), 75.</ref><ref>https://archive.org/details/journalofhouseof178186virg/page/n275/mode/2up?q=nathan</ref> See [https://founders.archives.gov/documents/Jefferson/01-06-02-0259 Thomas Jefferson to Edmund Randolph, 18 July 1783] and [https://founders.archives.gov/documents/Jefferson/01-03-02-0367 Thomas Jefferson to the Board of Trade, (18? March 1780)]

==Letter text==
<blockquote>
Williamsburg, March 9th, 1781.

Notwithstanding those to whom the bills were drawn immediately payable, could not have been entitled to more than the value received for them, I think that Mr. Nathan, the endorsee, if he were not privy to that transaction, and actually paid cash, or an equivalent for them at par when he took them up, may equitably, as well as legally, insist upon the assumpsit; because the terms of the contract between the drawers and original holders not appearing in the bill, as I suppose, it could bind only themselves and such as had notice of the terms, and the contract between him and the drawers was entered into without any deception which could make it appear unfair on his part.

If he were not privy to the contract between the drawers and original holders, and had not mentioned any thing of what he paid for the bills, he might have been irreprehensible; but having informed the Executive that he had taken them up at par, if he do not prove that fact, for otherwise the contrary is presumable, because it is in his power to do it, and the other party probably cannot disprove it; I think equity will relieve against the assumpsit upon this principle, that there was a ''suggestio falsi'' on his part, and an advantage gained by it. If he knew of the contract between the drawers and original holders, as he did not mention it to the Executive, although what he said of taking them up at par be true, it seems a disputable question whether there can be any relief. It would be going too far to say that in every bargain one party should disclose to the other whatever the former knows and it is the interest of the latter to know: a total silence, if the dealing in other respects be fair, may be innocent; but if one disclose part only of what he knows, and concealing the rest, by that means gain an unconscienable advantage, this seems a culpable suppression of the truth, because the other party confided in him, and that confidence was abused by not relating the whole truth. Frivolous as this might appear in a matter of light moment; in this case, I suspect the gain to have been enormous, and suppose Mr. Nathan to have been well apprised of the difference between paper bills, the only money which circulated in this Commonwealth, and gold and silver, I think it a good foundation for controverting his demand.

[[George Wythe|G. WYTHE]]
</blockquote>

==Edmund Pendleton's Response to the Issue==
<blockquote>
From Edmund Pendleton

Edmundsburg, March 7, 1781.

Sir

Relying on the honor of government to keep the case on which my opinion is required out of our Courts of Justice, I see no impropriety in giving it, as you have done me the honor to request: the ground on which it is supposed a Court of Equity might relieve against that acceptance which made a new contract between the Executive and Mr. Nathan, is, that the drawers allege the bills on the Governor and treasurer of Virginia were payable in paper money, and in consequence a value was received for them only according to the then depreciation of that paper; on which head a very proper inquiry seems to be, whether the bills themselves pointed out the sort of money that was to be paid for them or the specific value received? I suppose neither, as that would neither have escaped Mr. Nathan in his purchase, nor the Executive in their acceptance, and that the bills were in the usual and general form, requiring the payment of so many dollars for value received; in which case the bills drawn in the wilderness, and circulated through one Spanish government into another, gave no clue to Mr. Nathan to suppose that any other than silver dollars were intended, so as to put him on his guard. Again, he might very properly say, I run no risk in allowing specie value for the bills, since if it should prove otherwise, and that any other mode of payment should be proposed by those on whom they are drawn, I can declare the proposition, procure a protest of the bills, and have recourse for my money to the endorser from whom I purchase. He accordingly pays full specie value, and presents his bills, which are accepted, and a mode of payment fixed to the satisfaction of both parties; a large payment is accordingly made, and near a year elapsed before any notice is given to Mr. Nathan that government had any objection to the payment as stipulated. The Executive were deceived indeed, but by whom? Not by Mr. Nathan, who, as he paid the same he demanded, was an innocent and fair purchaser; I will not say that those worthy gentlemen who drew the bills were guilty of deceit or neglect in the mode of drawing the bills, or in not giving timely notice of the different value got for them, since I impute these to the hurry they were in, and the difficulty of conveying timely intelligence; but surely the present difficulty is derived from that source, and it is more just that the State should bear the loss than that it should fall on a man who has the law on his side, is in no fault at all, and who has now lost that advantage a protest at first would have entitled him to, of recurring for his money to the man of whom he purchased the bills.

Thus you discover, Sir, my opinion to be in favor of Mr. Nathan, an opinion however, drawn from general principles, and not from any determination I recollect on the subject. You and the Council will judge of the reasoning, and afterwards perhaps it may give the public more satisfaction to have the matter arbitrated in the way you proposed, than to have it rest on my judgment. I have the honor to be, the Council’s and your excellency’s most obedient servant,

Edmund Pendleton<ref>[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 Edmund Pendleton to Thomas Jefferson, 7 March 1781]</ref>
</blockquote>

==Simon Nathan v. The Commonwealth of Virginia==
===Page 77===
<blockquote>
As the following case<ref>Simon Nathan versus the Commonwealth of Virginia. 1 U.S. 77, 80 (1781).</ref> may give some satisfaction to our sister states, I hope the insertion of it here, will not be deemed an improper deviation from my intention, to confine the reports of decisions in the ''Common Pleas'', to those which have occurred since the appointment of Mr. President Shippen — particularly, as I have reason to believe, that the principle of this adjudication, met with the approbation of all the judges, of the Supreme Court.

:::Common Pleas, Philadelphia County.
::::September Term, 1781.
::Simon Nathan versus the Commonwealth of Virginia.

A foreign attachment was issued against the Commonwealth of Virginia, at the suit of Simon Nathan: and a quantity of cloathing, imported from France, be-
</blockquote>

===Page 78===
<blockquote>
longing to that state, was attached in Philadelphia. The delegates in Congress from Virginia, conceiving this a violation of the laws of nations, applied to the supreme executive council of Pennsylvania, by whom the sheriff was ordered to give up the goods.

The council for the plaintiff, finding that the sheriff suppressed the writ, and made no return of his proceedings, obtained, September 20, 1781, a rule that the sheriff should return the writ, unless cause was shewn

They contended that the sheriff was a ministerial officer; that he could nor dispute the authority of the court, out of which the writ issues, but was bound to execute and return it at his own peril. 6 Co. 54

That those cases in England, where the sheriff was not compelled to return writs issued against ambassadors or their retinue, depended upon the Stat. 7 Ann. c. 12. which did not extend to this state

The Attorney General, on the part of the sheriff, and by direction of the supreme executive council, shewed cause, and prayed that the rule might be discharged.

He premised, that though the several states, which form our federal republic, had, by the confederation, ceded many of the prerogatives of sovereignty to the United States, yet these voluntary engagements did not injure their independence on each other; but that each was a sovereign, "with every power, jurisdiction, and right, not expressly given up."

He then laid down two positions. First: that every kind of process, issued against a sovereign, is a violation of the laws of nations; and is in itself null and void. Secondly: that a sheriff cannot be compelled to serve or return a void writ.

I. The first point he endeavoured to prove, by considering, first the nature of sovereignty: and, secondly, the rules of law, relative to process issued against ambassadors, the representatives of sovereigns.

He said, that all sovereigns are in a state of equality and independence, exempt from each other's jurisdiction, and accountable to no power on earth, unless with their own consent.

That sovereigns, with regard to each other, were always considered as individuals in a state of nature, where all enjoy the same prerogatives, where there could be no subordination to a supreme authority, nor any judge to define their rights, or redress their wrongs.

That all jurisdiction implies superiority over the party, and authority in the judge to execute his decrees: but there could be no superiority, where there was a perfect equality — no authority, where there was an entire independence.

That the king of England, as sovereign of the nation, is said to be independent of all, and subject to no one but God: and his crown is ilil.ed imperial, on purpose to assert that he owes no kind of subjection to any potentate on earth. No compulsory action can be brought against him, even in his own courts.

That a sovereign, when in a foreign country, is always considered by civilized nations, as exempt from its jurisdiction, privileged from arrests, and not subject to its laws.

Hence this inference was drawn, that the court having no jurisdiction over Virginia, all its process against that state, must be ''coram non judice'', and consequently void. 1 Vatt. p. 2. 133. 2. Vatt. 158. 1 Blackst. 141. 5 Bac. 450.

It was then observed, that there being no instance in our law books, of any process against a sovereign, it was proper to consider the rules of law relative to process against their representatives.

The Statute of Ann was read, with the history of the outrage that gave birth to it; which act declares that all process against the person, or goods, or domestics of an ambassador shall be null and void, and all concerned in issuing or serving it should be punished as infractors of the laws of nations.

That this Statute was not introductory of any rule, but barely declaratory of the laws of nations. That there was nothing new in it, except the clause prescribing a summary mode of punishment. That it was a part of the common law of the land before, and consequently extended to Pennsylvania. 4 Blacst. 67. 3 Burr. 1480. 4 Burr. 2016.
</blockquote>

===Page 79===
<blockquote>
Hence it was concluded, that if process against an ambassador be null and void, ''a fortiori'', shall it be void if issued against a sovereign.

That the true reason of the minister's exemption from process is the independence and sovereignty of the person he represents. And although by engaging in trade, he may so far divest himself of his public character, as to subject these goods to attachment, yet in every case where he represents his master, his property is sacred. But a sovereign cannot subject himself by implication: he must do it expressly.

That though the goods of a sovereign, as well as of an individual, might be liable for freight, or duties, or subject to forfeiture; yet in those cases, there was a lien on the goods, they were answerable, and the process was ''in rem'' in this case, it was ''in personam'' and the goods were attached merely to compel the party's appearance to answer the plaintiff's demand. And no sovereign would submit to the indignity of doing this.

Hence it was inferred that the writ was a mere nullity.

II. Upon the second point, authorities were read to explain the case produced by the plaintiff's council, and to shew a distinction between an erroneous and a void writ. That the sheriff was bound to execute and return the writ, although erroneous, if the court had jurisdiction. But when the court had no jurisdiction, the writ was void, and the sheriff was a trespasser if he dared to obey it; a void authority being the same as none. That in England, the sheriffs were never obliged to return a writ, if upon shewing cause, it appeared that the defendant was a public minister, or one of his domestics. 5 Bac. 431. Salk. 700. 2 Barnes. 1 Wils. 20.

That suppressing the writ was not making the sheriff judge, because he was obliged to assign a reason for so doing: and on the legality of that reason the court was now to determine.

He added, that if the sheriff had attached the goods, he was liable to punishment, and to compel him to return his proceedings, was to oblige him to put his offence upon record, and to furnish testimony against himself.

He finally observed that the writ was void, or it was not. If void, the sheriff need pay no attention to it: if not void, he was obliged to execute it at all events; and if so, these inconveniencies would follow. That any disaffected person, who happened to be a creditor of the United States, might injure our public defence, and retard or ruin the operations of a campaign; that he might issue an attachment against the cannon of General Washington, or seize the public money designed for the payment of his army. That the states united or several, would never submit to put in special bail (which must be done to prevent judgment) and to answer before the tribunal of a sister state.

That the plaintiff was under no peculiar inconvenience. Every creditor of this state or of the United States lay under the same. If his demand was just, Virginia would, upon application, do what was right; if not, and flagrant injustice was done him, he might (if a subject of this state, and entitled to its protection) complain to the executive power of Pennsylvania.

He concluded with observing on the importance of suppressing such measures as the present, at their first appearance, and of preserving the rights of sovereign states inviolate — and prayed that the rule might be discharged.

The counsel for the plaintiff insisted, that though Virginia was a sovereign state, yet this ought not to exempt her property in every case from the laws and jurisdiction of another state. That sovereignty should never be made a plea in bar of justice: and that the true idea of prerogative, was the power of doing good, and not, as it had sometimes been expressed, "the divine right of doing ill."

That every person, and all property within this state, was subject to its jurisdiction, by so being within it, except a sovereign power, and the representative of a sovereign power, with his domestics and effects, which he holds as representative.

That if an ambassador engages in trade, his property so engaged is liable to attachment, Vat B. IV sect. 114. and if a sovereign state turns merchant, and draws, or accepts bills of exchange, its property ought in like manner to be subject
</blockquote>

===Page 80===
<blockquote>
to the law merchant, and answerable in the state where it happens to be imported.

That sovereignty is better represented by persons than things: and as any or all the citizens of Virginia would be amenable to the jurisdiction of this state, if they were to come within its bounds, so there is no reason why property brought here should not be attached as well as the citizen arrested.

That one sovereign may lay duties upon the goods of another: and this appears to have been the sense of Congress, by their expressly stipulating in the articles of confederation, that no duties should be laid by one state on the property of another.

That the goods, which were attached, were- certainly liable for their freight: so if they had been imported contrary to law, they were subject to forfeiture: process against them might issue out of this court, and jurisdiction over them be exercised, the sovereignty of Virginia notwithstanding.

That if a vessel belonging to Virginia, should be taken, as prize retaken, and libelled here, Virginia must submit her claim to the decision of the admiralty of Pennsylvania, and could not claim an exemption, on account of her sovereignty.

That a sovereign state may wave its rights— and by the very act of importing merchandize, it subjects itself to the jurisdiction of the country.

That all property in this state is under the protection of the government, and therefore should be answerable in its turn, and amenable to its laws.

That the statute of Ann, though declaratory, is only declaratory of the ideas which that parliament entertained of the laws of nations. These were often erroneous, and could not be binding on us.

That whatever might be the case with regard to foreign ministers, by the articles of confederation, the delegates from Virginia were privileged only in their persons, and not in their goods: and as they represent the state, it was to be presumed, they enjoy every exemption that their sovereign expected or claimed.

They said, that whether Virginia was subject to, or exempt from, the jurisdiction of this state, in the present instance, was not the point now in question: it was only, whether the sheriff should or should not obey the command of the court.

That by the writ, he was directed to return it to the court, and he was not to withhold the process in contempt of this order, and to stifle the proceedings in their birth.

That the sheriff was to act under the judgment of the court, and if he had any doubt about the validity of the writ, he ought to return it. Then the court might, if cause was shewn, quash it as illegal.

That his not being obliged to return process against ambassadors was owing to the statue of Ann: and this exemption was singular, and not to be extended here.

That though a writ might be void, where the court had no jurisdiction of the cause, or issued a writ, which they had no authority to issue; yet the cause here was trespass upon the case, of which the court may hold plea, and the process was a foreign attachment; which they certainly had authority to issue.

That to suffer the sheriff to suppress writs at pleasure, was establishing a dangerous precedent, which in future would be greatly abused.

That the questions upon which this cause depended, were important, and deserved the fullest consideration: and that an appeal from one tribunal to another, was the right and the security of the subject. But if the writ was now to be suppressed, there could be no record to be removed, and the plaintiff was left without remedy.

They finally observed, that this mode of applying to a court of judicature, to decide on the justice of the plaintiff's demand, was every way preferable to that proposed by the attorney general, of sending him to complain to the executive power, who could give him no redress, but by appealing to arms, and involving the state in a war.

They therefore prayed, that the rule might be made absolute.

THE COURT held the matter some days under advisement—and at their next meeting, THE PRESIDENT delivered it as the judgment of the court.

That the rule made upon the sheriff, to return the writ issued against the Commonwealth of Virginia, at the sit of Simon Nathan, should be discharged."
</blockquote>

==See also==
*[[Journal of the House of Delegates of Virginia]]
*[[Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781]]
*[[Wythe to Thomas Jefferson, 31 December 1781]]

==References==
<references/>

==External links==

*[https://en.wikisource.org/wiki/Page:United_States_Reports,_Volume_1.djvu/88 ''Simon Nathan vs. the Commonwealth of Virginia''] (1 Dallas 77), 1781.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0084 "Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 "Edmund Pendleton to Thomas Jefferson, 7 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0141 "George Wythe to Thomas Jefferson, 9 March 1781,"] Founders Online, National Archives.

[[Category:Letters from Wythe]]
[[Category:Letters and Papers]]

Wythe to Thomas Jefferson, 9 March 1781

2026-02-27T15:32:40Z

Gwsweeney: /* Page 78 */

[[George Wythe]] tells [[Thomas Jefferson]] his views on a case concerning payment of bills to [https://loebjewishportraits.com/biography/simon-nathan/ Simon Nathan.]<ref>[https://archive.org/details/journalofhouseof178186virg/page/n275 ''Journal of the House of Delegates of the Commonwealth of Virginia: Begun and Held in the Town of Richmond, in the County of Henrico, on Monday, the Fifth Day of May, in the Year of Our Lord One Thousand Seven Hundred and Eighty-Three''] (Richmond, VA: Printed by Thomas W. White, 1828), 75.</ref><ref>https://archive.org/details/journalofhouseof178186virg/page/n275/mode/2up?q=nathan</ref> See [https://founders.archives.gov/documents/Jefferson/01-06-02-0259 Thomas Jefferson to Edmund Randolph, 18 July 1783] and [https://founders.archives.gov/documents/Jefferson/01-03-02-0367 Thomas Jefferson to the Board of Trade, (18? March 1780)]

==Letter text==
<blockquote>
Williamsburg, March 9th, 1781.

Notwithstanding those to whom the bills were drawn immediately payable, could not have been entitled to more than the value received for them, I think that Mr. Nathan, the endorsee, if he were not privy to that transaction, and actually paid cash, or an equivalent for them at par when he took them up, may equitably, as well as legally, insist upon the assumpsit; because the terms of the contract between the drawers and original holders not appearing in the bill, as I suppose, it could bind only themselves and such as had notice of the terms, and the contract between him and the drawers was entered into without any deception which could make it appear unfair on his part.

If he were not privy to the contract between the drawers and original holders, and had not mentioned any thing of what he paid for the bills, he might have been irreprehensible; but having informed the Executive that he had taken them up at par, if he do not prove that fact, for otherwise the contrary is presumable, because it is in his power to do it, and the other party probably cannot disprove it; I think equity will relieve against the assumpsit upon this principle, that there was a ''suggestio falsi'' on his part, and an advantage gained by it. If he knew of the contract between the drawers and original holders, as he did not mention it to the Executive, although what he said of taking them up at par be true, it seems a disputable question whether there can be any relief. It would be going too far to say that in every bargain one party should disclose to the other whatever the former knows and it is the interest of the latter to know: a total silence, if the dealing in other respects be fair, may be innocent; but if one disclose part only of what he knows, and concealing the rest, by that means gain an unconscienable advantage, this seems a culpable suppression of the truth, because the other party confided in him, and that confidence was abused by not relating the whole truth. Frivolous as this might appear in a matter of light moment; in this case, I suspect the gain to have been enormous, and suppose Mr. Nathan to have been well apprised of the difference between paper bills, the only money which circulated in this Commonwealth, and gold and silver, I think it a good foundation for controverting his demand.

[[George Wythe|G. WYTHE]]
</blockquote>

==Edmund Pendleton's Response to the Issue==
<blockquote>
From Edmund Pendleton

Edmundsburg, March 7, 1781.

Sir

Relying on the honor of government to keep the case on which my opinion is required out of our Courts of Justice, I see no impropriety in giving it, as you have done me the honor to request: the ground on which it is supposed a Court of Equity might relieve against that acceptance which made a new contract between the Executive and Mr. Nathan, is, that the drawers allege the bills on the Governor and treasurer of Virginia were payable in paper money, and in consequence a value was received for them only according to the then depreciation of that paper; on which head a very proper inquiry seems to be, whether the bills themselves pointed out the sort of money that was to be paid for them or the specific value received? I suppose neither, as that would neither have escaped Mr. Nathan in his purchase, nor the Executive in their acceptance, and that the bills were in the usual and general form, requiring the payment of so many dollars for value received; in which case the bills drawn in the wilderness, and circulated through one Spanish government into another, gave no clue to Mr. Nathan to suppose that any other than silver dollars were intended, so as to put him on his guard. Again, he might very properly say, I run no risk in allowing specie value for the bills, since if it should prove otherwise, and that any other mode of payment should be proposed by those on whom they are drawn, I can declare the proposition, procure a protest of the bills, and have recourse for my money to the endorser from whom I purchase. He accordingly pays full specie value, and presents his bills, which are accepted, and a mode of payment fixed to the satisfaction of both parties; a large payment is accordingly made, and near a year elapsed before any notice is given to Mr. Nathan that government had any objection to the payment as stipulated. The Executive were deceived indeed, but by whom? Not by Mr. Nathan, who, as he paid the same he demanded, was an innocent and fair purchaser; I will not say that those worthy gentlemen who drew the bills were guilty of deceit or neglect in the mode of drawing the bills, or in not giving timely notice of the different value got for them, since I impute these to the hurry they were in, and the difficulty of conveying timely intelligence; but surely the present difficulty is derived from that source, and it is more just that the State should bear the loss than that it should fall on a man who has the law on his side, is in no fault at all, and who has now lost that advantage a protest at first would have entitled him to, of recurring for his money to the man of whom he purchased the bills.

Thus you discover, Sir, my opinion to be in favor of Mr. Nathan, an opinion however, drawn from general principles, and not from any determination I recollect on the subject. You and the Council will judge of the reasoning, and afterwards perhaps it may give the public more satisfaction to have the matter arbitrated in the way you proposed, than to have it rest on my judgment. I have the honor to be, the Council’s and your excellency’s most obedient servant,

Edmund Pendleton<ref>[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 Edmund Pendleton to Thomas Jefferson, 7 March 1781]</ref>
</blockquote>

==Simon Nathan v. The Commonwealth of Virginia==
===Page 77===
<blockquote>
As the following case<ref>Simon Nathan versus the Commonwealth of Virginia. 1 U.S. 77, 80 (1781).</ref> may give some satisfaction to our sister states, I hope the insertion of it here, will not be deemed an improper deviation from my intention, to confine the reports of decisions in the ''Common Pleas'', to those which have occurred since the appointment of Mr. President Shippen — particularly, as I have reason to believe, that the principle of this adjudication, met with the approbation of all the judges, of the Supreme Court.

:::Common Pleas, Philadelphia County.
::::September Term, 1781.
::Simon Nathan versus the Commonwealth of Virginia.

A foreign attachment was issued against the Commonwealth of Virginia, at the suit of Simon Nathan: and a quantity of cloathing, imported from France, be-
</blockquote>

===Page 78===
<blockquote>
longing to that state, was attached in Philadelphia. The delegates in Congress from Virginia, conceiving this a violation of the laws of nations, applied to the supreme executive council of Pennsylvania, by whom the sheriff was ordered to give up the goods.

The council for the plaintiff, finding that the sheriff suppressed the writ, and made no return of his proceedings, obtained, September 20, 1781, a rule that the sheriff should return the writ, unless cause was shewn

They contended that the sheriff was a ministerial officer; that he could nor dispute the authority of the court, out of which the writ issues, but was bound to execute and return it at his own peril. 6 Co. 54

That those cases in England, where the sheriff was not compelled to return writs issued against ambassadors or their retinue, depended upon the Stat. 7 Ann. c. 12. which did not extend to this state

The Attorney General, on the part of the sheriff, and by direction of the supreme executive council, shewed cause, and prayed that the rule might be discharged.

He premised, that though the several states, which form our federal republic, had, by the confederation, ceded many of the prerogatives of sovereignty to the United States, yet these voluntary engagements did not injure their independence on each other; but that each was a sovereign, "with every power, jurisdiction, and right, not expressly given up."

He then laid down two positions. First: that every kind of process, issued against a sovereign, is a violation of the laws of nations; and is in itself null and void. Secondly: that a sheriff cannot be compelled to serve or return a void writ.

I. The first point he endeavoured to prove, by considering, first the nature of sovereignty: and, secondly, the rules of law, relative to process issued against ambassadors, the representatives of sovereigns.

He said, that all sovereigns are in a state of equality and independence, exempt from each other's jurisdiction, and accountable to no power on earth, unless with their own consent.

That sovereigns, with regard to each other, were always considered as individuals in a state of nature, where all enjoy the same prerogatives, where there could be no subordination to a supreme authority, nor any judge to define their rights, or redress their wrongs.

That all jurisdiction implies superiority over the party, and authority in the judge to execute his decrees: but there could be no superiority, where there was a perfect equality — no authority, where there was an entire independence.

That the king of England, as sovereign of the nation, is said to be independent of all, and subject to no one but God: and his crown is ilil.ed imperial, on purpose to assert that he owes no kind of subjection to any potentate on earth. No compulsory action can be brought against him, even in his own courts.

That a sovereign, when in a foreign country, is always considered by civilized nations, as exempt from its jurisdiction, privileged from arrests, and not subject to its laws.

Hence this inference was drawn, that the court having no jurisdiction over Virginia, all its process against that state, must be ''coram non judice'', and consequently void. 1 Vatt. p. 2. 133. 2. Vatt. 158. 1 Blackst. 141. 5 Bac. 450.

It was then observed, that there being no instance in our law books, of any process against a sovereign, it was proper to consider the rules of law relative to process against their representatives.

The Statute of Ann was read, with the history of the outrage that gave birth to it; which act declares that all process against the person, or goods, or domestics of an ambassador shall be null and void, and all concerned in issuing or serving it should be punished as infractors of the laws of nations.

That this Statute was not introductory of any rule, but barely declaratory of the laws of nations. That there was nothing new in it, except the clause prescribing a summary mode of punishment. That it was a part of the common law of the land before, and consequently extended to Pennsylvania. 4 Blacst. 67. 3 Burr. 1480. 4 Burr. 2016.
</blockquote>

===Page 79===
<blockquote>
Hence it was concluded, that if process against an ambassador be null and void, ''a fortiori'', shall it be void if issued against a sovereign.

That the true reason of the minister's exemption from process is the independence and sovereignty of the person he represents. And although by engaging in trade, he may so far divest himself of his public character, as to subject these goods to attachment, yet in every case where he represents his master, his property is sacred. But a sovereign cannot subject himself by implication: he must do it expressly.

That though the goods of a sovereign, as well as of an individual, might be liable for freight, or duties, or subject to forfeiture; yet in those cases, there was a lien on the goods, they were answerable, and the process was ''in rem'' in this case, it was ''in personam'' and the goods were attached merely to compel the party's appearance to answer the plaintiff's demand. And no sovereign would submit to the indignity of doing this.

Hence it was inferred that the writ was a mere nullity.

II. Upon the second point, authorities were read to explain the case produced by the plaintiff's council, and to shew a distinction between an erroneous and a void writ. That the sheriff was bound to execute and return the writ, although erroneous, if the court had jurisdiction. But when the court had no jurisdiction, the writ was void, and the sheriff was a trespasser if he dared to obey it; a void authority being the same as none. That in England, the sheriffs were never obliged to return a writ, if upon shewing cause, it appeared that the defendant was a public minister, or one of his domestics. 5 Bac. 431. Salk. 700. 2 Barnes. 1 Wils. 20.

That suppressing the writ was not making the sheriff judge, because he was obliged to assign a reason for so doing: and on the legality of that reason the court was now to determine.

He added, that if the sheriff had attached the goods, he was liable to punishment, and to compel him to return his proceedings, was to oblige him to put his offence upon record, and to furnish testimony against himself.

He finally observed that the writ was void, or it was not. If void, the sheriff need pay no attention to it: if not void, he was obliged to execute it at all events; and if so, these inconveniencies would follow. That any disaffected person, who happened to be a creditor of the United States, might injure our public defence, and retard or ruin the operations of a campaign; that he might issue an attachment against the cannon of General Washington, or seize the public money designed for the payment of his army. That the states united or several, would never submit to put in special bail (which must be done to prevent judgment) and to answer before the tribunal of a sister state.

That the plaintiff was under no peculiar inconvenience. Every creditor of this state or of the United States lay under the same. If his demand was just, Virginia would, upon application, do what was right; if not, and flagrant injustice was done him, he might (if a subject of this state, and entitled to its protection) complain to the executive power of Pennsylvania.

He concluded with observing on the importance of suppressing such measures as the present, at their first appearance, and of preserving the rights of sovereign states inviolate — and prayed that the rule might be discharged.

The counsel for the plaintiff insisted, that though Virginia was a sovereign state, yet this ought not to exempt her property in every case from the laws and jurisdiction of another state. That sovereignty should never be made a plea in bar of justice: and that the true idea of prerogative, was the power of doing good, and not, as it had sometimes been expressed, "the divine right of doing ill."

That every person, and all property within this state, was subject to its jurisdiction, by so being within it, except a sovereign power, and the representative of a sovereign power, with his domestics and effects, which he holds as representative.

That if an ambassador engages in trade, his property so engaged is liable to attachment, Vat B. IV sect. 114. and if a sovereign state turns merchant, and draws, or accepts bills of exchange, its property ought in like manner to be subject
</blockquote>

===Page 80===
<blockquote>
to the law merchant, and answerable in the state where it happens to be imported.

That sovereignty is better represented by persons than things: and as any or all the citizens of Virginia would be amenable to the jurisdiction of this state, if they were to come within its bounds, so there is no reason why property brought here should not be attached as well as the citizen arrested.

That one sovereign may lay duties upon the goods of another: and this appears to have been the sense of Congress, by their expressly stipulating in the articles of confederation, that no duties should be laid by one state on the property of another.

That the goods, which were attached, were- certainly liable for their freight: so if they had been imported contrary to law, they were subject to forfeiture: process against them might issue out of this court, and jurisdiction over them be exercised, the sovereignty of Virginia notwithstanding.

That if a vessel belonging to Virginia, should be taken, as prize retaken, and libelled here, Virginia must submit her claim to the decision of the admiralty of Pennsylvania, and could not claim an exemption, on account of her sovereignty.

That a sovereign state may wave its rights— and by the very act of importing merchandize, it subjects itself to the jurisdiction of the country.

That all property in this state is under the protection of the government, and therefore should be answerable in its turn, and amenable to its laws.

That the statute of Ann, though declaratory, is only declaratory of the ideas which that parliament entertained of the laws of nations. These were often erroneous, and could not be binding on us.

That whatever might be the case with regard to foreign ministers, by the articles of confederation, the delegates from Virginia were privileged only in their persons, and not in their goods: and as they represent the state, it was to be presumed, they enjoy every exemption that their sovereign expected or claimed.

They said, that whether Virginia was subject to, or exempt from, the jurisdiction of this state, in the present instance, was not the point now in question: it was only, whether the sheriff should or should not obey the command of the court.

That by the writ, he was directed to return it to the court, and he was not to withhold the process in contempt of this order, and to stifle the proceedings in their birth.

That the sheriff was to act under the judgment of the court, and if he had any doubt about the validity of the writ, he ought to return it. Then the court might, if cause was shewn, quash it as illegal.

That his not being obliged to return process against ambassadors was owing to the statue of Ann: and this exemption was singular, and not to be extended here.

That though a writ might be void, where the court had no jurisdiction of the cause, or issued a writ, which they had no authority to issue; yet the cause here was trespass upon the case, of which the court may hold plea, and the process was a foreign attachment; which they certainly had authority to issue.

That to suffer the sheriff to suppress writs at pleasure, was establishing a dangerous precedent, which in future would be greatly abused.

That the questions upon which this cause depended, were important, and deserved the fullest consideration: and that an appeal from one tribunal to another, was the right and the security of the subject. But if the writ was now to be suppressed, there could be no record to be removed, and the plaintiff was left without remedy.

They finally observed, that this mode of applying to a court of judicature, to decide on the justice of the plaintiff's demand, was every way preferable to that proposed by the attorney general, of sending him to complain to the executive power, who could give him no redress, but by appealing to arms, and involving the state in a war.

They therefore prayed, that the rule might be made absolute.

THE COURT held the matter some days under advisement—and at their next meeting, THE PRESIDENT delivered it as the judgment of the court.

That the rule made upon the sheriff, to return the writ issued against the Commonwealth of Virginia, at the sit of Simon Nathan, should be discharged."
</blockquote>

==See also==
*[[Journal of the House of Delegates of Virginia]]
*[[Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781]]
*[[Wythe to Thomas Jefferson, 31 December 1781]]

==References==
<references/>

==External links==

*[https://founders.archives.gov/documents/Jefferson/01-05-02-0084 "Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 "Edmund Pendleton to Thomas Jefferson, 7 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0141 "George Wythe to Thomas Jefferson, 9 March 1781,"] Founders Online, National Archives.

[[Category:Letters from Wythe]]
[[Category:Letters and Papers]]

Wythe to Thomas Jefferson, 9 March 1781

2026-02-27T15:31:10Z

Gwsweeney:

[[George Wythe]] tells [[Thomas Jefferson]] his views on a case concerning payment of bills to [https://loebjewishportraits.com/biography/simon-nathan/ Simon Nathan.]<ref>[https://archive.org/details/journalofhouseof178186virg/page/n275 ''Journal of the House of Delegates of the Commonwealth of Virginia: Begun and Held in the Town of Richmond, in the County of Henrico, on Monday, the Fifth Day of May, in the Year of Our Lord One Thousand Seven Hundred and Eighty-Three''] (Richmond, VA: Printed by Thomas W. White, 1828), 75.</ref><ref>https://archive.org/details/journalofhouseof178186virg/page/n275/mode/2up?q=nathan</ref> See [https://founders.archives.gov/documents/Jefferson/01-06-02-0259 Thomas Jefferson to Edmund Randolph, 18 July 1783] and [https://founders.archives.gov/documents/Jefferson/01-03-02-0367 Thomas Jefferson to the Board of Trade, (18? March 1780)]

==Letter text==
<blockquote>
Williamsburg, March 9th, 1781.

Notwithstanding those to whom the bills were drawn immediately payable, could not have been entitled to more than the value received for them, I think that Mr. Nathan, the endorsee, if he were not privy to that transaction, and actually paid cash, or an equivalent for them at par when he took them up, may equitably, as well as legally, insist upon the assumpsit; because the terms of the contract between the drawers and original holders not appearing in the bill, as I suppose, it could bind only themselves and such as had notice of the terms, and the contract between him and the drawers was entered into without any deception which could make it appear unfair on his part.

If he were not privy to the contract between the drawers and original holders, and had not mentioned any thing of what he paid for the bills, he might have been irreprehensible; but having informed the Executive that he had taken them up at par, if he do not prove that fact, for otherwise the contrary is presumable, because it is in his power to do it, and the other party probably cannot disprove it; I think equity will relieve against the assumpsit upon this principle, that there was a ''suggestio falsi'' on his part, and an advantage gained by it. If he knew of the contract between the drawers and original holders, as he did not mention it to the Executive, although what he said of taking them up at par be true, it seems a disputable question whether there can be any relief. It would be going too far to say that in every bargain one party should disclose to the other whatever the former knows and it is the interest of the latter to know: a total silence, if the dealing in other respects be fair, may be innocent; but if one disclose part only of what he knows, and concealing the rest, by that means gain an unconscienable advantage, this seems a culpable suppression of the truth, because the other party confided in him, and that confidence was abused by not relating the whole truth. Frivolous as this might appear in a matter of light moment; in this case, I suspect the gain to have been enormous, and suppose Mr. Nathan to have been well apprised of the difference between paper bills, the only money which circulated in this Commonwealth, and gold and silver, I think it a good foundation for controverting his demand.

[[George Wythe|G. WYTHE]]
</blockquote>

==Edmund Pendleton's Response to the Issue==
<blockquote>
From Edmund Pendleton

Edmundsburg, March 7, 1781.

Sir

Relying on the honor of government to keep the case on which my opinion is required out of our Courts of Justice, I see no impropriety in giving it, as you have done me the honor to request: the ground on which it is supposed a Court of Equity might relieve against that acceptance which made a new contract between the Executive and Mr. Nathan, is, that the drawers allege the bills on the Governor and treasurer of Virginia were payable in paper money, and in consequence a value was received for them only according to the then depreciation of that paper; on which head a very proper inquiry seems to be, whether the bills themselves pointed out the sort of money that was to be paid for them or the specific value received? I suppose neither, as that would neither have escaped Mr. Nathan in his purchase, nor the Executive in their acceptance, and that the bills were in the usual and general form, requiring the payment of so many dollars for value received; in which case the bills drawn in the wilderness, and circulated through one Spanish government into another, gave no clue to Mr. Nathan to suppose that any other than silver dollars were intended, so as to put him on his guard. Again, he might very properly say, I run no risk in allowing specie value for the bills, since if it should prove otherwise, and that any other mode of payment should be proposed by those on whom they are drawn, I can declare the proposition, procure a protest of the bills, and have recourse for my money to the endorser from whom I purchase. He accordingly pays full specie value, and presents his bills, which are accepted, and a mode of payment fixed to the satisfaction of both parties; a large payment is accordingly made, and near a year elapsed before any notice is given to Mr. Nathan that government had any objection to the payment as stipulated. The Executive were deceived indeed, but by whom? Not by Mr. Nathan, who, as he paid the same he demanded, was an innocent and fair purchaser; I will not say that those worthy gentlemen who drew the bills were guilty of deceit or neglect in the mode of drawing the bills, or in not giving timely notice of the different value got for them, since I impute these to the hurry they were in, and the difficulty of conveying timely intelligence; but surely the present difficulty is derived from that source, and it is more just that the State should bear the loss than that it should fall on a man who has the law on his side, is in no fault at all, and who has now lost that advantage a protest at first would have entitled him to, of recurring for his money to the man of whom he purchased the bills.

Thus you discover, Sir, my opinion to be in favor of Mr. Nathan, an opinion however, drawn from general principles, and not from any determination I recollect on the subject. You and the Council will judge of the reasoning, and afterwards perhaps it may give the public more satisfaction to have the matter arbitrated in the way you proposed, than to have it rest on my judgment. I have the honor to be, the Council’s and your excellency’s most obedient servant,

Edmund Pendleton<ref>[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 Edmund Pendleton to Thomas Jefferson, 7 March 1781]</ref>
</blockquote>

==Simon Nathan v. The Commonwealth of Virginia==
===Page 77===
<blockquote>
As the following case<ref>Simon Nathan versus the Commonwealth of Virginia. 1 U.S. 77, 80 (1781).</ref> may give some satisfaction to our sister states, I hope the insertion of it here, will not be deemed an improper deviation from my intention, to confine the reports of decisions in the ''Common Pleas'', to those which have occurred since the appointment of Mr. President Shippen — particularly, as I have reason to believe, that the principle of this adjudication, met with the approbation of all the judges, of the Supreme Court.

:::Common Pleas, Philadelphia County.
::::September Term, 1781.
::Simon Nathan versus the Commonwealth of Virginia.

A foreign attachment was issued against the Commonwealth of Virginia, at the suit of Simon Nathan: and a quantity of cloathing, imported from France, be-
</blockquote>

===Page 78===
<blockquote>
longing to that state, was attached in Philadelphia. The delegates in Congress from Virginia, conceiving this a violation of the laws of nations, applied to the supreme executive council of Pennsylvania, by whom the sheriff was ordered to give up the goods.

The council for the plaintiff, finding that the sheriff suppressed the writ, and made no return of his proceedings, obtained, September 20, 1781, a rule that the sheriff should return the writ, unless cause was shewn

They contended that the sheriff was a ministerial officer; that he could nor dispute the authority of the court, out of which the writ issues, but was bound to execute and return it at his own peril. 6 Co. 54

That those cases in England, where the sheriff was not compelled to return writs issued against ambassadors or their retinue, depended upon the Stat. 7 Ann. c. 12. which did not extend to this state

The Attorney General, on the part of the sheriff, and by direction of the supreme executive council, shewed cause, and prayed that the rule might be discharged.

He premised, that though the several states, which form our federal republic, had, by the confederation, ceded many of the prerogatives of sovereignty to the United States, yet these voluntary engagements did not injure their independence on each other; but that each was a sovereign, "with every power, jurisdiction, and right, not expressly given up."

He then laid down two positions. First: that every kind of process, issued against a sovereign, is a violation of the laws of nations; and is in itself null and void. Secondly: that a sheriff cannot be compelled to serve or return a void writ.

I. The first point he endeavoured to prove, by considering, first the nature of sovereignty: and, secondly ,the rules of law, relative to process issued against ambassadors, the representatives of sovereigns.

He said, that all sovereigns are in a state of equality and independence, exempt from each other's jurisdiction, and accountable to no power on earth, unless with their own consent.

That sovereigns, with regard to each other, were always considered as individuals in a state of nature, where all enjoy the same prerogatives, where there could be no subordination to a supreme authority, nor any judge to define their rights, or redress their wrongs.

That all jurisdiction implies superiority over the party, and authority in the judge to execute his decrees: but there could be no superiority, where there was a perfect equality — no authority, where there was an entire independence.

That the king of England, as sovereign of the nation, is said to be independent of all, and subject to no one but God: and his crown is ilil.ed imperial, on purpose to assert that he owes no kind of subjection to any potentate on earth. No compulsory action can be brought against him, even in his own courts.

That a sovereign, when in a foreign country, is always considered by civilized nations, as exempt from its jurisdiction, privileged from arrests, and not subject to its laws.

Hence this inference was drawn, that the court having no jurisdiction over Virginia, all its process against that state, must be ''coram non judice'', and consequently void. 1 Vatt. p. 2. 133. 2. Vatt. 158. 1 Blackst. 141. 5 Bac. 450.

It was then observed, that there being no instance in our law books, of any process against a sovereign, it was proper to consider the rules of law relative to process against their representatives.

The Statute of Ann was read, with the history of the outrage that gave birth to it; which act declares that all process against the person, or goods, or domestics of an ambassador shall be null and void, and all concerned in issuing or serving it should be punished as infractors of the laws of nations.

That this Statute was not introductory of any rule, but barely declaratory of the laws of nations. That there was nothing new in it, except the clause prescribing a summary mode of punishment. That it was a part of the common law of the land before, and consequently extended to Pennsylvania. 4 Blacst. 67. 3 Burr. 1480. 4 Burr. 2016.
</blockquote>

===Page 79===
<blockquote>
Hence it was concluded, that if process against an ambassador be null and void, ''a fortiori'', shall it be void if issued against a sovereign.

That the true reason of the minister's exemption from process is the independence and sovereignty of the person he represents. And although by engaging in trade, he may so far divest himself of his public character, as to subject these goods to attachment, yet in every case where he represents his master, his property is sacred. But a sovereign cannot subject himself by implication: he must do it expressly.

That though the goods of a sovereign, as well as of an individual, might be liable for freight, or duties, or subject to forfeiture; yet in those cases, there was a lien on the goods, they were answerable, and the process was ''in rem'' in this case, it was ''in personam'' and the goods were attached merely to compel the party's appearance to answer the plaintiff's demand. And no sovereign would submit to the indignity of doing this.

Hence it was inferred that the writ was a mere nullity.

II. Upon the second point, authorities were read to explain the case produced by the plaintiff's council, and to shew a distinction between an erroneous and a void writ. That the sheriff was bound to execute and return the writ, although erroneous, if the court had jurisdiction. But when the court had no jurisdiction, the writ was void, and the sheriff was a trespasser if he dared to obey it; a void authority being the same as none. That in England, the sheriffs were never obliged to return a writ, if upon shewing cause, it appeared that the defendant was a public minister, or one of his domestics. 5 Bac. 431. Salk. 700. 2 Barnes. 1 Wils. 20.

That suppressing the writ was not making the sheriff judge, because he was obliged to assign a reason for so doing: and on the legality of that reason the court was now to determine.

He added, that if the sheriff had attached the goods, he was liable to punishment, and to compel him to return his proceedings, was to oblige him to put his offence upon record, and to furnish testimony against himself.

He finally observed that the writ was void, or it was not. If void, the sheriff need pay no attention to it: if not void, he was obliged to execute it at all events; and if so, these inconveniencies would follow. That any disaffected person, who happened to be a creditor of the United States, might injure our public defence, and retard or ruin the operations of a campaign; that he might issue an attachment against the cannon of General Washington, or seize the public money designed for the payment of his army. That the states united or several, would never submit to put in special bail (which must be done to prevent judgment) and to answer before the tribunal of a sister state.

That the plaintiff was under no peculiar inconvenience. Every creditor of this state or of the United States lay under the same. If his demand was just, Virginia would, upon application, do what was right; if not, and flagrant injustice was done him, he might (if a subject of this state, and entitled to its protection) complain to the executive power of Pennsylvania.

He concluded with observing on the importance of suppressing such measures as the present, at their first appearance, and of preserving the rights of sovereign states inviolate — and prayed that the rule might be discharged.

The counsel for the plaintiff insisted, that though Virginia was a sovereign state, yet this ought not to exempt her property in every case from the laws and jurisdiction of another state. That sovereignty should never be made a plea in bar of justice: and that the true idea of prerogative, was the power of doing good, and not, as it had sometimes been expressed, "the divine right of doing ill."

That every person, and all property within this state, was subject to its jurisdiction, by so being within it, except a sovereign power, and the representative of a sovereign power, with his domestics and effects, which he holds as representative.

That if an ambassador engages in trade, his property so engaged is liable to attachment, Vat B. IV sect. 114. and if a sovereign state turns merchant, and draws, or accepts bills of exchange, its property ought in like manner to be subject
</blockquote>

===Page 80===
<blockquote>
to the law merchant, and answerable in the state where it happens to be imported.

That sovereignty is better represented by persons than things: and as any or all the citizens of Virginia would be amenable to the jurisdiction of this state, if they were to come within its bounds, so there is no reason why property brought here should not be attached as well as the citizen arrested.

That one sovereign may lay duties upon the goods of another: and this appears to have been the sense of Congress, by their expressly stipulating in the articles of confederation, that no duties should be laid by one state on the property of another.

That the goods, which were attached, were- certainly liable for their freight: so if they had been imported contrary to law, they were subject to forfeiture: process against them might issue out of this court, and jurisdiction over them be exercised, the sovereignty of Virginia notwithstanding.

That if a vessel belonging to Virginia, should be taken, as prize retaken, and libelled here, Virginia must submit her claim to the decision of the admiralty of Pennsylvania, and could not claim an exemption, on account of her sovereignty.

That a sovereign state may wave its rights— and by the very act of importing merchandize, it subjects itself to the jurisdiction of the country.

That all property in this state is under the protection of the government, and therefore should be answerable in its turn, and amenable to its laws.

That the statute of Ann, though declaratory, is only declaratory of the ideas which that parliament entertained of the laws of nations. These were often erroneous, and could not be binding on us.

That whatever might be the case with regard to foreign ministers, by the articles of confederation, the delegates from Virginia were privileged only in their persons, and not in their goods: and as they represent the state, it was to be presumed, they enjoy every exemption that their sovereign expected or claimed.

They said, that whether Virginia was subject to, or exempt from, the jurisdiction of this state, in the present instance, was not the point now in question: it was only, whether the sheriff should or should not obey the command of the court.

That by the writ, he was directed to return it to the court, and he was not to withhold the process in contempt of this order, and to stifle the proceedings in their birth.

That the sheriff was to act under the judgment of the court, and if he had any doubt about the validity of the writ, he ought to return it. Then the court might, if cause was shewn, quash it as illegal.

That his not being obliged to return process against ambassadors was owing to the statue of Ann: and this exemption was singular, and not to be extended here.

That though a writ might be void, where the court had no jurisdiction of the cause, or issued a writ, which they had no authority to issue; yet the cause here was trespass upon the case, of which the court may hold plea, and the process was a foreign attachment; which they certainly had authority to issue.

That to suffer the sheriff to suppress writs at pleasure, was establishing a dangerous precedent, which in future would be greatly abused.

That the questions upon which this cause depended, were important, and deserved the fullest consideration: and that an appeal from one tribunal to another, was the right and the security of the subject. But if the writ was now to be suppressed, there could be no record to be removed, and the plaintiff was left without remedy.

They finally observed, that this mode of applying to a court of judicature, to decide on the justice of the plaintiff's demand, was every way preferable to that proposed by the attorney general, of sending him to complain to the executive power, who could give him no redress, but by appealing to arms, and involving the state in a war.

They therefore prayed, that the rule might be made absolute.

THE COURT held the matter some days under advisement—and at their next meeting, THE PRESIDENT delivered it as the judgment of the court.

That the rule made upon the sheriff, to return the writ issued against the Commonwealth of Virginia, at the sit of Simon Nathan, should be discharged."
</blockquote>

==See also==
*[[Journal of the House of Delegates of Virginia]]
*[[Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781]]
*[[Wythe to Thomas Jefferson, 31 December 1781]]

==References==
<references/>

==External links==

*[https://founders.archives.gov/documents/Jefferson/01-05-02-0084 "Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 "Edmund Pendleton to Thomas Jefferson, 7 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0141 "George Wythe to Thomas Jefferson, 9 March 1781,"] Founders Online, National Archives.

[[Category:Letters from Wythe]]
[[Category:Letters and Papers]]

Wythe to Thomas Jefferson, 9 March 1781

2026-02-27T15:30:42Z

Gwsweeney: /* External links */

[[George Wythe]] tells [[Thomas Jefferson]] his views on a case concerning payment of bills to [https://loebjewishportraits.com/biography/simon-nathan/ Simon Nathan.]<ref>[https://archive.org/details/journalofhouseof178186virg/page/n275 ''Journal of the House of Delegates of the Commonwealth of Virginia: Begun and Held in the Town of Richmond, in the County of Henrico, on Monday, the Fifth Day of May, in the Year of Our Lord One Thousand Seven Hundred and Eighty-Three''] (Richmond, VA: Printed by Thomas W. White, 1828), 75.</ref><ref>https://archive.org/details/journalofhouseof178186virg/page/n275/mode/2up?q=nathan</ref> See [https://founders.archives.gov/documents/Jefferson/01-06-02-0259 Thomas Jefferson to Edmund Randolph, 18 July 1783] and [https://founders.archives.gov/documents/Jefferson/01-03-02-0367 Thomas Jefferson to the Board of Trade, (18? March 1780)]

==Letter text==
<blockquote>
Williamsburg, March 9th, 1781.

Notwithstanding those to whom the bills were drawn immediately payable, could not have been entitled to more than the value received for them, I think that Mr. Nathan, the endorsee, if he were not privy to that transaction, and actually paid cash, or an equivalent for them at par when he took them up, may equitably, as well as legally, insist upon the assumpsit; because the terms of the contract between the drawers and original holders not appearing in the bill, as I suppose, it could bind only themselves and such as had notice of the terms, and the contract between him and the drawers was entered into without any deception which could make it appear unfair on his part.

If he were not privy to the contract between the drawers and original holders, and had not mentioned any thing of what he paid for the bills, he might have been irreprehensible; but having informed the Executive that he had taken them up at par, if he do not prove that fact, for otherwise the contrary is presumable, because it is in his power to do it, and the other party probably cannot disprove it; I think equity will relieve against the assumpsit upon this principle, that there was a ''suggestio falsi'' on his part, and an advantage gained by it. If he knew of the contract between the drawers and original holders, as he did not mention it to the Executive, although what he said of taking them up at par be true, it seems a disputable question whether there can be any relief. It would be going too far to say that in every bargain one party should disclose to the other whatever the former knows and it is the interest of the latter to know: a total silence, if the dealing in other respects be fair, may be innocent; but if one disclose part only of what he knows, and concealing the rest, by that means gain an unconscienable advantage, this seems a culpable suppression of the truth, because the other party confided in him, and that confidence was abused by not relating the whole truth. Frivolous as this might appear in a matter of light moment; in this case, I suspect the gain to have been enormous, and suppose Mr. Nathan to have been well apprised of the difference between paper bills, the only money which circulated in this Commonwealth, and gold and silver, I think it a good foundation for controverting his demand.

[[George Wythe|G. WYTHE]]
</blockquote>

==Edmund Pendleton's Response to the Issue==
<blockquote>
From Edmund Pendleton

Edmundsburg, March 7, 1781.

Sir

Relying on the honor of government to keep the case on which my opinion is required out of our Courts of Justice, I see no impropriety in giving it, as you have done me the honor to request: the ground on which it is supposed a Court of Equity might relieve against that acceptance which made a new contract between the Executive and Mr. Nathan, is, that the drawers allege the bills on the Governor and treasurer of Virginia were payable in paper money, and in consequence a value was received for them only according to the then depreciation of that paper; on which head a very proper inquiry seems to be, whether the bills themselves pointed out the sort of money that was to be paid for them or the specific value received? I suppose neither, as that would neither have escaped Mr. Nathan in his purchase, nor the Executive in their acceptance, and that the bills were in the usual and general form, requiring the payment of so many dollars for value received; in which case the bills drawn in the wilderness, and circulated through one Spanish government into another, gave no clue to Mr. Nathan to suppose that any other than silver dollars were intended, so as to put him on his guard. Again, he might very properly say, I run no risk in allowing specie value for the bills, since if it should prove otherwise, and that any other mode of payment should be proposed by those on whom they are drawn, I can declare the proposition, procure a protest of the bills, and have recourse for my money to the endorser from whom I purchase. He accordingly pays full specie value, and presents his bills, which are accepted, and a mode of payment fixed to the satisfaction of both parties; a large payment is accordingly made, and near a year elapsed before any notice is given to Mr. Nathan that government had any objection to the payment as stipulated. The Executive were deceived indeed, but by whom? Not by Mr. Nathan, who, as he paid the same he demanded, was an innocent and fair purchaser; I will not say that those worthy gentlemen who drew the bills were guilty of deceit or neglect in the mode of drawing the bills, or in not giving timely notice of the different value got for them, since I impute these to the hurry they were in, and the difficulty of conveying timely intelligence; but surely the present difficulty is derived from that source, and it is more just that the State should bear the loss than that it should fall on a man who has the law on his side, is in no fault at all, and who has now lost that advantage a protest at first would have entitled him to, of recurring for his money to the man of whom he purchased the bills.

Thus you discover, Sir, my opinion to be in favor of Mr. Nathan, an opinion however, drawn from general principles, and not from any determination I recollect on the subject. You and the Council will judge of the reasoning, and afterwards perhaps it may give the public more satisfaction to have the matter arbitrated in the way you proposed, than to have it rest on my judgment. I have the honor to be, the Council’s and your excellency’s most obedient servant,

Edmund Pendleton<ref>[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 Edmund Pendleton to Thomas Jefferson, 7 March 1781]</ref>
</blockquote>

==Simon Nathan v. The Commonwealth of Virginia==
===Page 77===
<blockquote>
As the following case<ref>Simon Nathan versus the Commonwealth of Virginia. 1 U.S. 77, 80 (1781).</ref> may give some satisfaction to our sister states, I hope the insertion of it here, will not be deemed an improper deviation from my intention, to confine the reports of decisions in the ''Common Pleas'', to those which have occurred since the appointment of Mr. President Shippen — particularly, as I have reason to believe, that the principle of this adjudication, met with the approbation of all the judges, of the Supreme Court.

:::Common Pleas, Philadelphia County.
::::September Term, 1781.
::Simon Nathan versus the Commonwealth of Virginia.

A foreign attachment was issued against the Commonwealth of Virginia, at the suit of Simon Nathan: and a quantity of cloathing, imported from France, be-
</blockquote>

===Page 78===
<blockquote>
longing to that state, was attached in Philadelphia. The delegates in Congress from Virginia, conceiving this a violation of the laws of nations, applied to the supreme executive council of Pennsylvania, by whom the sheriff was ordered to give up the goods.

The council for the plaintiff, finding that the sheriff suppressed the writ, and made no return of his proceedings, obtained, September 20, 1781, a rule that the sheriff should return the writ, unless cause was shewn

They contended that the sheriff was a ministerial officer; that he could nor dispute the authority of the court, out of which the writ issues, but was bound to execute and return it at his own peril. 6 Co. 54

That those cases in England, where the sheriff was not compelled to return writs issued against ambassadors or their retinue, depended upon the Stat. 7 Ann. c. 12. which did not extend to this state

The Attorney General, on the part of the sheriff, and by direction of the supreme executive council, shewed cause, and prayed that the rule might be discharged.

He premised, that though the several states, which form our federal republic, had, by the confederation, ceded many of the prerogatives of sovereignty to the United States, yet these voluntary engagements did not injure their independence on each other; but that each was a sovereign, "with every power, jurisdiction, and right, not expressly given up."

He then laid down two positions. First: that every kind of process, issued against a sovereign, is a violation of the laws of nations; and is in itself null and void. Secondly: that a sheriff cannot be compelled to serve or return a void writ.

I. The first point he endeavoured to prove, by considering, first the nature of sovereignty: and, secondly ,the rules of law, relative to process issued against ambassadors, the representatives of sovereigns.

He said, that all sovereigns are in a state of equality and independence, exempt from each other's jurisdiction, and accountable to no power on earth, unless with their own consent.

That sovereigns, with regard to each other, were always considered as individuals in a state of nature, where all enjoy the same prerogatives, where there could be no subordination to a supreme authority, nor any judge to define their rights, or redress their wrongs.

That all jurisdiction implies superiority over the party, and authority in the judge to execute his decrees: but there could be no superiority, where there was a perfect equality — no authority, where there was an entire independence.

That the king of England, as sovereign of the nation, is said to be independent of all, and subject to no one but God: and his crown is ilil.ed imperial, on purpose to assert that he owes no kind of subjection to any potentate on earth. No compulsory action can be brought against him, even in his own courts.

That a sovereign, when in a foreign country, is always considered by civilized nations, as exempt from its jurisdiction, privileged from arrests, and not subject to its laws.

Hence this inference was drawn, that the court having no jurisdiction over Virginia, all its process against that state, must be ''coram non judice'', and consequently void. 1 Vatt. p. 2. 133. 2. Vatt. 158. 1 Blackst. 141. 5 Bac. 450.

It was then observed, that there being no instance in our law books, of any process against a sovereign, it was proper to consider the rules of law relative to process against their representatives.

The Statute of Ann was read, with the history of the outrage that gave birth to it; which act declares that all process against the person, or goods, or domestics of an ambassador shall be null and void, and all concerned in issuing or serving it should be punished as infractors of the laws of nations.

That this Statute was not introductory of any rule, but barely declaratory of the laws of nations. That there was nothing new in it, except the clause prescribing a summary mode of punishment. That it was a part of the common law of the land before, and consequently extended to Pennsylvania. 4 Blacst. 67. 3 Burr. 1480. 4 Burr. 2016.
</blockquote>

===Page 79===
<blockquote>
Hence it was concluded, that if process against an ambassador be null and void, ''a fortiori'', shall it be void if issued against a sovereign.

That the true reason of the minister's exemption from process is the independence and sovereignty of the person he represents. And although by engaging in trade, he may so far divest himself of his public character, as to subject these goods to attachment, yet in every case where he represents his master, his property is sacred. But a sovereign cannot subject himself by implication: he must do it expressly.

That though the goods of a sovereign, as well as of an individual, might be liable for freight, or duties, or subject to forfeiture; yet in those cases, there was a lien on the goods, they were answerable, and the process was ''in rem'' in this case, it was ''in personam'' and the goods were attached merely to compel the party's appearance to answer the plaintiff's demand. And no sovereign would submit to the indignity of doing this.

Hence it was inferred that the writ was a mere nullity.

II. Upon the second point, authorities were read to explain the case produced by the plaintiff's council, and to shew a distinction between an erroneous and a void writ. That the sheriff was bound to execute and return the writ, although erroneous, if the court had jurisdiction. But when the court had no jurisdiction, the writ was void, and the sheriff was a trespasser if he dared to obey it; a void authority being the same as none. That in England, the sheriffs were never obliged to return a writ, if upon shewing cause, it appeared that the defendant was a public minister, or one of his domestics. 5 Bac. 431. Salk. 700. 2 Barnes. 1 Wils. 20.

That suppressing the writ was not making the sheriff judge, because he was obliged to assign a reason for so doing: and on the legality of that reason the court was now to determine.

He added, that if the sheriff had attached the goods, he was liable to punishment, and to compel him to return his proceedings, was to oblige him to put his offence upon record, and to furnish testimony against himself.

He finally observed that the writ was void, or it was not. If void, the sheriff need pay no attention to it: if not void, he was obliged to execute it at all events; and if so, these inconveniencies would follow. That any disaffected person, who happened to be a creditor of the United States, might injure our public defence, and retard or ruin the operations of a campaign; that he might issue an attachment against the cannon of General Washington, or seize the public money designed for the payment of his army. That the states united or several, would never submit to put in special bail (which must be done to prevent judgment) and to answer before the tribunal of a sister state.

That the plaintiff was under no peculiar inconvenience. Every creditor of this state or of the United States lay under the same. If his demand was just, Virginia would, upon application, do what was right; if not, and flagrant injustice was done him, he might (if a subject of this state, and entitled to its protection) complain to the executive power of Pennsylvania.

He concluded with observing on the importance of suppressing such measures as the present, at their first appearance, and of preserving the rights of sovereign states inviolate — and prayed that the rule might be discharged.

The counsel for the plaintiff insisted, that though Virginia was a sovereign state, yet this ought not to exempt her property in every case from the laws and jurisdiction of another state. That sovereignty should never be made a plea in bar of justice: and that the true idea of prerogative, was the power of doing good, and not, as it had sometimes been expressed, "the divine right of doing ill."

That every person, and all property within this state, was subject to its jurisdiction, by so being within it, except a sovereign power, and the representative of a sovereign power, with his domestics and effects, which he holds as representative.

That if an ambassador engages in trade, his property so engaged is liable to attachment, Vat B. IV sect. 114. and if a sovereign state turns merchant, and draws, or accepts bills of exchange, its property ought in like manner to be subject
</blockquote>

===Page 80===
<blockquote>
to the law merchant, and answerable in the state where it happens to be imported.

That sovereignty is better represented by persons than things: and as any or all the citizens of Virginia would be amenable to the jurisdiction of this state, if they were to come within its bounds, so there is no reason why property brought here should not be attached as well as the citizen arrested.

That one sovereign may lay duties upon the goods of another: and this appears to have been the sense of Congress, by their expressly stipulating in the articles of confederation, that no duties should be laid by one state on the property of another.

That the goods, which were attached, were- certainly liable for their freight: so if they had been imported contrary to law, they were subject to forfeiture: process against them might issue out of this court, and jurisdiction over them be exercised, the sovereignty of Virginia notwithstanding.

That if a vessel belonging to Virginia, should be taken, as prize retaken, and libelled here, Virginia must submit her claim to the decision of the admiralty of Pennsylvania, and could not claim an exemption, on account of her sovereignty.

That a sovereign state may wave its rights— and by the very act of importing merchandize, it subjects itself to the jurisdiction of the country.

That all property in this state is under the protection of the government, and therefore should be answerable in its turn, and amenable to its laws.

That the statute of Ann, though declaratory, is only declaratory of the ideas which that parliament entertained of the laws of nations. These were often erroneous, and could not be binding on us.

That whatever might be the case with regard to foreign ministers, by the articles of confederation, the delegates from Virginia were privileged only in their persons, and not in their goods: and as they represent the state, it was to be presumed, they enjoy every exemption that their sovereign expected or claimed.

They said, that whether Virginia was subject to, or exempt from, the jurisdiction of this state, in the present instance, was not the point now in question: it was only, whether the sheriff should or should not obey the command of the court.

That by the writ, he was directed to return it to the court, and he was not to withhold the process in contempt of this order, and to stifle the proceedings in their birth.

That the sheriff was to act under the judgment of the court, and if he had any doubt about the validity of the writ, he ought to return it. Then the court might, if cause was shewn, quash it as illegal.

That his not being obliged to return process against ambassadors was owing to the statue of Ann: and this exemption was singular, and not to be extended here.

That though a writ might be void, where the court had no jurisdiction of the cause, or issued a writ, which they had no authority to issue; yet the cause here was trespass upon the case, of which the court may hold plea, and the process was a foreign attachment; which they certainly had authority to issue.

That to suffer the sheriff to suppress writs at pleasure, was establishing a dangerous precedent, which in future would be greatly abused.

That the questions upon which this cause depended, were important, and deserved the fullest consideration: and that an appeal from one tribunal to another, was the right and the security of the subject. But if the writ was now to be suppressed, there could be no record to be removed, and the plaintiff was left without remedy.

They finally observed, that this mode of applying to a court of judicature, to decide on the justice of the plaintiff's demand, was every way preferable to that proposed by the attorney general, of sending him to complain to the executive power, who could give him no redress, but by appealing to arms, and involving the state in a war.

They therefore prayed, that the rule might be made absolute.

THE COURT held the matter some days under advisement—and at their next meeting, THE PRESIDENT delivered it as the judgment of the court.

That the rule made upon the sheriff, to return the writ issued against the Commonwealth of Virginia, at the sit of Simon Nathan, should be discharged."
</blockquote>

==See also==
*[[Journal of the House of Delegates of Virginia]]
*[[Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781]]
*[[Wythe to Thomas Jefferson, 31 December 1781]]

==References==
<references/>

[[Category:Letters from Wythe]]
[[Category:Letters and Papers]]

==External links==

*[https://founders.archives.gov/documents/Jefferson/01-05-02-0084 "Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 "Edmund Pendleton to Thomas Jefferson, 7 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0141 "George Wythe to Thomas Jefferson, 9 March 1781,"] Founders Online, National Archives.

Wythe to Thomas Jefferson, 9 March 1781

2026-02-27T15:30:15Z

Gwsweeney:

[[George Wythe]] tells [[Thomas Jefferson]] his views on a case concerning payment of bills to [https://loebjewishportraits.com/biography/simon-nathan/ Simon Nathan.]<ref>[https://archive.org/details/journalofhouseof178186virg/page/n275 ''Journal of the House of Delegates of the Commonwealth of Virginia: Begun and Held in the Town of Richmond, in the County of Henrico, on Monday, the Fifth Day of May, in the Year of Our Lord One Thousand Seven Hundred and Eighty-Three''] (Richmond, VA: Printed by Thomas W. White, 1828), 75.</ref><ref>https://archive.org/details/journalofhouseof178186virg/page/n275/mode/2up?q=nathan</ref> See [https://founders.archives.gov/documents/Jefferson/01-06-02-0259 Thomas Jefferson to Edmund Randolph, 18 July 1783] and [https://founders.archives.gov/documents/Jefferson/01-03-02-0367 Thomas Jefferson to the Board of Trade, (18? March 1780)]

==Letter text==
<blockquote>
Williamsburg, March 9th, 1781.

Notwithstanding those to whom the bills were drawn immediately payable, could not have been entitled to more than the value received for them, I think that Mr. Nathan, the endorsee, if he were not privy to that transaction, and actually paid cash, or an equivalent for them at par when he took them up, may equitably, as well as legally, insist upon the assumpsit; because the terms of the contract between the drawers and original holders not appearing in the bill, as I suppose, it could bind only themselves and such as had notice of the terms, and the contract between him and the drawers was entered into without any deception which could make it appear unfair on his part.

If he were not privy to the contract between the drawers and original holders, and had not mentioned any thing of what he paid for the bills, he might have been irreprehensible; but having informed the Executive that he had taken them up at par, if he do not prove that fact, for otherwise the contrary is presumable, because it is in his power to do it, and the other party probably cannot disprove it; I think equity will relieve against the assumpsit upon this principle, that there was a ''suggestio falsi'' on his part, and an advantage gained by it. If he knew of the contract between the drawers and original holders, as he did not mention it to the Executive, although what he said of taking them up at par be true, it seems a disputable question whether there can be any relief. It would be going too far to say that in every bargain one party should disclose to the other whatever the former knows and it is the interest of the latter to know: a total silence, if the dealing in other respects be fair, may be innocent; but if one disclose part only of what he knows, and concealing the rest, by that means gain an unconscienable advantage, this seems a culpable suppression of the truth, because the other party confided in him, and that confidence was abused by not relating the whole truth. Frivolous as this might appear in a matter of light moment; in this case, I suspect the gain to have been enormous, and suppose Mr. Nathan to have been well apprised of the difference between paper bills, the only money which circulated in this Commonwealth, and gold and silver, I think it a good foundation for controverting his demand.

[[George Wythe|G. WYTHE]]
</blockquote>

==Edmund Pendleton's Response to the Issue==
<blockquote>
From Edmund Pendleton

Edmundsburg, March 7, 1781.

Sir

Relying on the honor of government to keep the case on which my opinion is required out of our Courts of Justice, I see no impropriety in giving it, as you have done me the honor to request: the ground on which it is supposed a Court of Equity might relieve against that acceptance which made a new contract between the Executive and Mr. Nathan, is, that the drawers allege the bills on the Governor and treasurer of Virginia were payable in paper money, and in consequence a value was received for them only according to the then depreciation of that paper; on which head a very proper inquiry seems to be, whether the bills themselves pointed out the sort of money that was to be paid for them or the specific value received? I suppose neither, as that would neither have escaped Mr. Nathan in his purchase, nor the Executive in their acceptance, and that the bills were in the usual and general form, requiring the payment of so many dollars for value received; in which case the bills drawn in the wilderness, and circulated through one Spanish government into another, gave no clue to Mr. Nathan to suppose that any other than silver dollars were intended, so as to put him on his guard. Again, he might very properly say, I run no risk in allowing specie value for the bills, since if it should prove otherwise, and that any other mode of payment should be proposed by those on whom they are drawn, I can declare the proposition, procure a protest of the bills, and have recourse for my money to the endorser from whom I purchase. He accordingly pays full specie value, and presents his bills, which are accepted, and a mode of payment fixed to the satisfaction of both parties; a large payment is accordingly made, and near a year elapsed before any notice is given to Mr. Nathan that government had any objection to the payment as stipulated. The Executive were deceived indeed, but by whom? Not by Mr. Nathan, who, as he paid the same he demanded, was an innocent and fair purchaser; I will not say that those worthy gentlemen who drew the bills were guilty of deceit or neglect in the mode of drawing the bills, or in not giving timely notice of the different value got for them, since I impute these to the hurry they were in, and the difficulty of conveying timely intelligence; but surely the present difficulty is derived from that source, and it is more just that the State should bear the loss than that it should fall on a man who has the law on his side, is in no fault at all, and who has now lost that advantage a protest at first would have entitled him to, of recurring for his money to the man of whom he purchased the bills.

Thus you discover, Sir, my opinion to be in favor of Mr. Nathan, an opinion however, drawn from general principles, and not from any determination I recollect on the subject. You and the Council will judge of the reasoning, and afterwards perhaps it may give the public more satisfaction to have the matter arbitrated in the way you proposed, than to have it rest on my judgment. I have the honor to be, the Council’s and your excellency’s most obedient servant,

Edmund Pendleton<ref>[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 Edmund Pendleton to Thomas Jefferson, 7 March 1781]</ref>
</blockquote>

==Simon Nathan v. The Commonwealth of Virginia==
===Page 77===
<blockquote>
As the following case<ref>Simon Nathan versus the Commonwealth of Virginia. 1 U.S. 77, 80 (1781).</ref> may give some satisfaction to our sister states, I hope the insertion of it here, will not be deemed an improper deviation from my intention, to confine the reports of decisions in the ''Common Pleas'', to those which have occurred since the appointment of Mr. President Shippen — particularly, as I have reason to believe, that the principle of this adjudication, met with the approbation of all the judges, of the Supreme Court.

:::Common Pleas, Philadelphia County.
::::September Term, 1781.
::Simon Nathan versus the Commonwealth of Virginia.

A foreign attachment was issued against the Commonwealth of Virginia, at the suit of Simon Nathan: and a quantity of cloathing, imported from France, be-
</blockquote>

===Page 78===
<blockquote>
longing to that state, was attached in Philadelphia. The delegates in Congress from Virginia, conceiving this a violation of the laws of nations, applied to the supreme executive council of Pennsylvania, by whom the sheriff was ordered to give up the goods.

The council for the plaintiff, finding that the sheriff suppressed the writ, and made no return of his proceedings, obtained, September 20, 1781, a rule that the sheriff should return the writ, unless cause was shewn

They contended that the sheriff was a ministerial officer; that he could nor dispute the authority of the court, out of which the writ issues, but was bound to execute and return it at his own peril. 6 Co. 54

That those cases in England, where the sheriff was not compelled to return writs issued against ambassadors or their retinue, depended upon the Stat. 7 Ann. c. 12. which did not extend to this state

The Attorney General, on the part of the sheriff, and by direction of the supreme executive council, shewed cause, and prayed that the rule might be discharged.

He premised, that though the several states, which form our federal republic, had, by the confederation, ceded many of the prerogatives of sovereignty to the United States, yet these voluntary engagements did not injure their independence on each other; but that each was a sovereign, "with every power, jurisdiction, and right, not expressly given up."

He then laid down two positions. First: that every kind of process, issued against a sovereign, is a violation of the laws of nations; and is in itself null and void. Secondly: that a sheriff cannot be compelled to serve or return a void writ.

I. The first point he endeavoured to prove, by considering, first the nature of sovereignty: and, secondly ,the rules of law, relative to process issued against ambassadors, the representatives of sovereigns.

He said, that all sovereigns are in a state of equality and independence, exempt from each other's jurisdiction, and accountable to no power on earth, unless with their own consent.

That sovereigns, with regard to each other, were always considered as individuals in a state of nature, where all enjoy the same prerogatives, where there could be no subordination to a supreme authority, nor any judge to define their rights, or redress their wrongs.

That all jurisdiction implies superiority over the party, and authority in the judge to execute his decrees: but there could be no superiority, where there was a perfect equality — no authority, where there was an entire independence.

That the king of England, as sovereign of the nation, is said to be independent of all, and subject to no one but God: and his crown is ilil.ed imperial, on purpose to assert that he owes no kind of subjection to any potentate on earth. No compulsory action can be brought against him, even in his own courts.

That a sovereign, when in a foreign country, is always considered by civilized nations, as exempt from its jurisdiction, privileged from arrests, and not subject to its laws.

Hence this inference was drawn, that the court having no jurisdiction over Virginia, all its process against that state, must be ''coram non judice'', and consequently void. 1 Vatt. p. 2. 133. 2. Vatt. 158. 1 Blackst. 141. 5 Bac. 450.

It was then observed, that there being no instance in our law books, of any process against a sovereign, it was proper to consider the rules of law relative to process against their representatives.

The Statute of Ann was read, with the history of the outrage that gave birth to it; which act declares that all process against the person, or goods, or domestics of an ambassador shall be null and void, and all concerned in issuing or serving it should be punished as infractors of the laws of nations.

That this Statute was not introductory of any rule, but barely declaratory of the laws of nations. That there was nothing new in it, except the clause prescribing a summary mode of punishment. That it was a part of the common law of the land before, and consequently extended to Pennsylvania. 4 Blacst. 67. 3 Burr. 1480. 4 Burr. 2016.
</blockquote>

===Page 79===
<blockquote>
Hence it was concluded, that if process against an ambassador be null and void, ''a fortiori'', shall it be void if issued against a sovereign.

That the true reason of the minister's exemption from process is the independence and sovereignty of the person he represents. And although by engaging in trade, he may so far divest himself of his public character, as to subject these goods to attachment, yet in every case where he represents his master, his property is sacred. But a sovereign cannot subject himself by implication: he must do it expressly.

That though the goods of a sovereign, as well as of an individual, might be liable for freight, or duties, or subject to forfeiture; yet in those cases, there was a lien on the goods, they were answerable, and the process was ''in rem'' in this case, it was ''in personam'' and the goods were attached merely to compel the party's appearance to answer the plaintiff's demand. And no sovereign would submit to the indignity of doing this.

Hence it was inferred that the writ was a mere nullity.

II. Upon the second point, authorities were read to explain the case produced by the plaintiff's council, and to shew a distinction between an erroneous and a void writ. That the sheriff was bound to execute and return the writ, although erroneous, if the court had jurisdiction. But when the court had no jurisdiction, the writ was void, and the sheriff was a trespasser if he dared to obey it; a void authority being the same as none. That in England, the sheriffs were never obliged to return a writ, if upon shewing cause, it appeared that the defendant was a public minister, or one of his domestics. 5 Bac. 431. Salk. 700. 2 Barnes. 1 Wils. 20.

That suppressing the writ was not making the sheriff judge, because he was obliged to assign a reason for so doing: and on the legality of that reason the court was now to determine.

He added, that if the sheriff had attached the goods, he was liable to punishment, and to compel him to return his proceedings, was to oblige him to put his offence upon record, and to furnish testimony against himself.

He finally observed that the writ was void, or it was not. If void, the sheriff need pay no attention to it: if not void, he was obliged to execute it at all events; and if so, these inconveniencies would follow. That any disaffected person, who happened to be a creditor of the United States, might injure our public defence, and retard or ruin the operations of a campaign; that he might issue an attachment against the cannon of General Washington, or seize the public money designed for the payment of his army. That the states united or several, would never submit to put in special bail (which must be done to prevent judgment) and to answer before the tribunal of a sister state.

That the plaintiff was under no peculiar inconvenience. Every creditor of this state or of the United States lay under the same. If his demand was just, Virginia would, upon application, do what was right; if not, and flagrant injustice was done him, he might (if a subject of this state, and entitled to its protection) complain to the executive power of Pennsylvania.

He concluded with observing on the importance of suppressing such measures as the present, at their first appearance, and of preserving the rights of sovereign states inviolate — and prayed that the rule might be discharged.

The counsel for the plaintiff insisted, that though Virginia was a sovereign state, yet this ought not to exempt her property in every case from the laws and jurisdiction of another state. That sovereignty should never be made a plea in bar of justice: and that the true idea of prerogative, was the power of doing good, and not, as it had sometimes been expressed, "the divine right of doing ill."

That every person, and all property within this state, was subject to its jurisdiction, by so being within it, except a sovereign power, and the representative of a sovereign power, with his domestics and effects, which he holds as representative.

That if an ambassador engages in trade, his property so engaged is liable to attachment, Vat B. IV sect. 114. and if a sovereign state turns merchant, and draws, or accepts bills of exchange, its property ought in like manner to be subject
</blockquote>

===Page 80===
<blockquote>
to the law merchant, and answerable in the state where it happens to be imported.

That sovereignty is better represented by persons than things: and as any or all the citizens of Virginia would be amenable to the jurisdiction of this state, if they were to come within its bounds, so there is no reason why property brought here should not be attached as well as the citizen arrested.

That one sovereign may lay duties upon the goods of another: and this appears to have been the sense of Congress, by their expressly stipulating in the articles of confederation, that no duties should be laid by one state on the property of another.

That the goods, which were attached, were- certainly liable for their freight: so if they had been imported contrary to law, they were subject to forfeiture: process against them might issue out of this court, and jurisdiction over them be exercised, the sovereignty of Virginia notwithstanding.

That if a vessel belonging to Virginia, should be taken, as prize retaken, and libelled here, Virginia must submit her claim to the decision of the admiralty of Pennsylvania, and could not claim an exemption, on account of her sovereignty.

That a sovereign state may wave its rights— and by the very act of importing merchandize, it subjects itself to the jurisdiction of the country.

That all property in this state is under the protection of the government, and therefore should be answerable in its turn, and amenable to its laws.

That the statute of Ann, though declaratory, is only declaratory of the ideas which that parliament entertained of the laws of nations. These were often erroneous, and could not be binding on us.

That whatever might be the case with regard to foreign ministers, by the articles of confederation, the delegates from Virginia were privileged only in their persons, and not in their goods: and as they represent the state, it was to be presumed, they enjoy every exemption that their sovereign expected or claimed.

They said, that whether Virginia was subject to, or exempt from, the jurisdiction of this state, in the present instance, was not the point now in question: it was only, whether the sheriff should or should not obey the command of the court.

That by the writ, he was directed to return it to the court, and he was not to withhold the process in contempt of this order, and to stifle the proceedings in their birth.

That the sheriff was to act under the judgment of the court, and if he had any doubt about the validity of the writ, he ought to return it. Then the court might, if cause was shewn, quash it as illegal.

That his not being obliged to return process against ambassadors was owing to the statue of Ann: and this exemption was singular, and not to be extended here.

That though a writ might be void, where the court had no jurisdiction of the cause, or issued a writ, which they had no authority to issue; yet the cause here was trespass upon the case, of which the court may hold plea, and the process was a foreign attachment; which they certainly had authority to issue.

That to suffer the sheriff to suppress writs at pleasure, was establishing a dangerous precedent, which in future would be greatly abused.

That the questions upon which this cause depended, were important, and deserved the fullest consideration: and that an appeal from one tribunal to another, was the right and the security of the subject. But if the writ was now to be suppressed, there could be no record to be removed, and the plaintiff was left without remedy.

They finally observed, that this mode of applying to a court of judicature, to decide on the justice of the plaintiff's demand, was every way preferable to that proposed by the attorney general, of sending him to complain to the executive power, who could give him no redress, but by appealing to arms, and involving the state in a war.

They therefore prayed, that the rule might be made absolute.

THE COURT held the matter some days under advisement—and at their next meeting, THE PRESIDENT delivered it as the judgment of the court.

That the rule made upon the sheriff, to return the writ issued against the Commonwealth of Virginia, at the sit of Simon Nathan, should be discharged."
</blockquote>

==See also==
*[[Journal of the House of Delegates of Virginia]]
*[[Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781]]
*[[Wythe to Thomas Jefferson, 31 December 1781]]

==References==
<references/>

[[Category:Letters from Wythe]]
[[Category:Letters and Papers]]

==External links==

*[https://founders.archives.gov/documents/Jefferson/01-05-02-0084 "Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0141 "George Wythe to Thomas Jefferson, 9 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 "Edmund Pendleton to Thomas Jefferson, 7 March 1781,"] Founders Online, National Archives.

Wythe to Thomas Jefferson, 9 March 1781

2026-02-27T15:28:53Z

Gwsweeney: /* Page 79 */

[[George Wythe]] tells [[Thomas Jefferson]] his views on a case concerning payment of bills to [https://loebjewishportraits.com/biography/simon-nathan/ Simon Nathan.]<ref>[https://archive.org/details/journalofhouseof178186virg/page/n275 ''Journal of the House of Delegates of the Commonwealth of Virginia: Begun and Held in the Town of Richmond, in the County of Henrico, on Monday, the Fifth Day of May, in the Year of Our Lord One Thousand Seven Hundred and Eighty-Three''] (Richmond, VA: Printed by Thomas W. White, 1828), 75.</ref><ref>https://archive.org/details/journalofhouseof178186virg/page/n275/mode/2up?q=nathan</ref> See [https://founders.archives.gov/documents/Jefferson/01-06-02-0259 Thomas Jefferson to Edmund Randolph, 18 July 1783] and [https://founders.archives.gov/documents/Jefferson/01-03-02-0367 Thomas Jefferson to the Board of Trade, (18? March 1780)]

==Letter text==
<blockquote>
Williamsburg, March 9th, 1781.

Notwithstanding those to whom the bills were drawn immediately payable, could not have been entitled to more than the value received for them, I think that Mr. Nathan, the endorsee, if he were not privy to that transaction, and actually paid cash, or an equivalent for them at par when he took them up, may equitably, as well as legally, insist upon the assumpsit; because the terms of the contract between the drawers and original holders not appearing in the bill, as I suppose, it could bind only themselves and such as had notice of the terms, and the contract between him and the drawers was entered into without any deception which could make it appear unfair on his part.

If he were not privy to the contract between the drawers and original holders, and had not mentioned any thing of what he paid for the bills, he might have been irreprehensible; but having informed the Executive that he had taken them up at par, if he do not prove that fact, for otherwise the contrary is presumable, because it is in his power to do it, and the other party probably cannot disprove it; I think equity will relieve against the assumpsit upon this principle, that there was a ''suggestio falsi'' on his part, and an advantage gained by it. If he knew of the contract between the drawers and original holders, as he did not mention it to the Executive, although what he said of taking them up at par be true, it seems a disputable question whether there can be any relief. It would be going too far to say that in every bargain one party should disclose to the other whatever the former knows and it is the interest of the latter to know: a total silence, if the dealing in other respects be fair, may be innocent; but if one disclose part only of what he knows, and concealing the rest, by that means gain an unconscienable advantage, this seems a culpable suppression of the truth, because the other party confided in him, and that confidence was abused by not relating the whole truth. Frivolous as this might appear in a matter of light moment; in this case, I suspect the gain to have been enormous, and suppose Mr. Nathan to have been well apprised of the difference between paper bills, the only money which circulated in this Commonwealth, and gold and silver, I think it a good foundation for controverting his demand.

[[George Wythe|G. WYTHE]]
</blockquote>

==Edmund Pendleton's Response to the Issue==
<blockquote>
From Edmund Pendleton

Edmundsburg, March 7, 1781.

Sir

Relying on the honor of government to keep the case on which my opinion is required out of our Courts of Justice, I see no impropriety in giving it, as you have done me the honor to request: the ground on which it is supposed a Court of Equity might relieve against that acceptance which made a new contract between the Executive and Mr. Nathan, is, that the drawers allege the bills on the Governor and treasurer of Virginia were payable in paper money, and in consequence a value was received for them only according to the then depreciation of that paper; on which head a very proper inquiry seems to be, whether the bills themselves pointed out the sort of money that was to be paid for them or the specific value received? I suppose neither, as that would neither have escaped Mr. Nathan in his purchase, nor the Executive in their acceptance, and that the bills were in the usual and general form, requiring the payment of so many dollars for value received; in which case the bills drawn in the wilderness, and circulated through one Spanish government into another, gave no clue to Mr. Nathan to suppose that any other than silver dollars were intended, so as to put him on his guard. Again, he might very properly say, I run no risk in allowing specie value for the bills, since if it should prove otherwise, and that any other mode of payment should be proposed by those on whom they are drawn, I can declare the proposition, procure a protest of the bills, and have recourse for my money to the endorser from whom I purchase. He accordingly pays full specie value, and presents his bills, which are accepted, and a mode of payment fixed to the satisfaction of both parties; a large payment is accordingly made, and near a year elapsed before any notice is given to Mr. Nathan that government had any objection to the payment as stipulated. The Executive were deceived indeed, but by whom? Not by Mr. Nathan, who, as he paid the same he demanded, was an innocent and fair purchaser; I will not say that those worthy gentlemen who drew the bills were guilty of deceit or neglect in the mode of drawing the bills, or in not giving timely notice of the different value got for them, since I impute these to the hurry they were in, and the difficulty of conveying timely intelligence; but surely the present difficulty is derived from that source, and it is more just that the State should bear the loss than that it should fall on a man who has the law on his side, is in no fault at all, and who has now lost that advantage a protest at first would have entitled him to, of recurring for his money to the man of whom he purchased the bills.

Thus you discover, Sir, my opinion to be in favor of Mr. Nathan, an opinion however, drawn from general principles, and not from any determination I recollect on the subject. You and the Council will judge of the reasoning, and afterwards perhaps it may give the public more satisfaction to have the matter arbitrated in the way you proposed, than to have it rest on my judgment. I have the honor to be, the Council’s and your excellency’s most obedient servant,

Edmund Pendleton<ref>[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 Edmund Pendleton to Thomas Jefferson, 7 March 1781]</ref>
</blockquote>

==Simon Nathan v. The Commonwealth of Virginia==
===Page 77===
<blockquote>
As the following case<ref>Simon Nathan versus the Commonwealth of Virginia. 1 U.S. 77, 80 (1781).</ref> may give some satisfaction to our sister states, I hope the insertion of it here, will not be deemed an improper deviation from my intention, to confine the reports of decisions in the ''Common Pleas'', to those which have occurred since the appointment of Mr. President Shippen — particularly, as I have reason to believe, that the principle of this adjudication, met with the approbation of all the judges, of the Supreme Court.

:::Common Pleas, Philadelphia County.
::::September Term, 1781.
::Simon Nathan versus the Commonwealth of Virginia.

A foreign attachment was issued against the Commonwealth of Virginia, at the suit of Simon Nathan : and a quantity of cloathing, imported from France, be-
</blockquote>

===Page 78===
<blockquote>
longing to that state, was attached in Philadelphia. The delegates in Congress from Virginia, conceiving this a violation of the laws of nations, applied to the supreme executive council of Pennsylvania, by whom the sheriff was ordered to give up the goods.

The council for the plaintiff, finding that the sheriff suppressed the writ, and made no return of his proceedings, obtained, September 20, 1781, a rule that the sheriff should return the writ, unless cause was shewn

They contended that the sheriff was a ministerial officer; that he could nor dispute the authority of the court, out of which the writ issues, but was bound to execute and return it at his own peril. 6 Co. 54

That those cases in England, where the sheriff was not compelled to return writs issued against ambassadors or their retinue, depended upon the Stat. 7 Ann. c. 12. which did not extend to this state

The Attorney General, on the part of the sheriff, and by direction of the supreme executive council, shewed cause, and prayed that the rule might be discharged.

He premised, that though the several states, which form our federal republic, had, by the confederation, ceded many of the prerogatives of sovereignty to the United States, yet these voluntary engagements did not injure their independence on each other; but that each was a sovereign, "with every power, jurisdiction, and right, not expressly given up."

He then laid down two positions. First: that every kind of process, issued against a sovereign, is a violation of the laws of nations; and is in itself null and void. Secondly : that a sheriff cannot be compelled to serve or return a void writ.

I. The first point he endeavoured to prove, by considering, first the nature of sovereignty: and, secondly ,the rules of law, relative to process issued against ambassadors, the representatives of sovereigns.

He said, that all sovereigns are in a state of equality and independence, exempt from each other's jurisdiction, and accountable to no power on earth, unless with their own consent.

That sovereigns, with regard to each other, were always considered as individuals in a state of nature, where all enjoy the same prerogatives, where there could be no subordination to a supreme authority, nor any judge to define their rights, or redress their wrongs.

That all jurisdiction implies superiority over the party, and authority in the judge to execute his decrees : but there could be no superiority, where there was a perfect equality — no authority, where there was an entire independence.

That the king of England, as sovereign of the nation, is said to be independent of all, and subject to no one but God : and his crown is ilil.ed imperial, on purpose to assert that he owes no kind of subjection to any potentate on earth. No compulsory action can be brought against him, even in his own courts.

That a sovereign, when in a foreign country, is always considered by civilized nations, as exempt from its jurisdiction, privileged from arrests, and not subject to its laws.

Hence this inference was drawn, that the court having no jurisdiction over Virginia, all its process against that state, must be ''coram non judice'', and consequently void. 1 Vatt. p. 2. 133. 2. Vatt. 158. 1 Blackst. 141. 5 Bac. 450.

It was then observed, that there being no instance in our law books, of any process against a sovereign, it was proper to consider the rules of law relative to process against their representatives.

The Statute of Ann was read, with the history of the outrage that gave birth to it ; which act declares that all process against the person, or goods, or domestics of an ambassador shall be null and void, and all concerned in issuing or serving it should be punished as infractors of the laws of nations.

That this Statute was not introductory of any rule, but barely declaratory of the laws of nations. That there was nothing new in it, except the clause prescribing a summary mode of punishment. That it was a part of the common law of the land before, and consequently extended to Pennsylvania. 4 Blacst. 67. 3 Burr. 1480. 4 Burr. 2016.
</blockquote>

===Page 79===
<blockquote>
Hence it was concluded, that if process against an ambassador be null and void, ''a fortiori'', shall it be void if issued against a sovereign.

That the true reason of the minister's exemption from process is the independence and sovereignty of the person he represents. And although by engaging in trade, he may so far divest himself of his public character, as to subject these goods to attachment, yet in every case where he represents his master, his property is sacred. But a sovereign cannot subject himself by implication: he must do it expressly.

That though the goods of a sovereign, as well as of an individual, might be liable for freight, or duties, or subject to forfeiture; yet in those cases, there was a lien on the goods, they were answerable, and the process was ''in rem'' in this case, it was ''in personam'' and the goods were attached merely to compel the party's appearance to answer the plaintiff's demand. And no sovereign would submit to the indignity of doing this.

Hence it was inferred that the writ was a mere nullity.

II. Upon the second point, authorities were read to explain the case produced by the plaintiff's council, and to shew a distinction between an erroneous and a void writ. That the sheriff was bound to execute and return the writ, although erroneous, if the court had jurisdiction. But when the court had no jurisdiction, the writ was void, and the sheriff was a trespasser if he dared to obey it; a void authority being the same as none. That in England, the sheriffs were never obliged to return a writ, if upon shewing cause, it appeared that the defendant was a public minister, or one of his domestics. 5 Bac. 431. Salk. 700. 2 Barnes. 1 Wils. 20.

That suppressing the writ was not making the sheriff judge, because he was obliged to assign a reason for so doing: and on the legality of that reason the court was now to determine.

He added, that if the sheriff had attached the goods, he was liable to punishment, and to compel him to return his proceedings, was to oblige him to put his offence upon record, and to furnish testimony against himself.

He finally observed that the writ was void, or it was not. If void, the sheriff need pay no attention to it: if not void, he was obliged to execute it at all events; and if so, these inconveniencies would follow. That any disaffected person, who happened to be a creditor of the United States, might injure our public defence, and retard or ruin the operations of a campaign; that he might issue an attachment against the cannon of General Washington, or seize the public money designed for the payment of his army. That the states united or several, would never submit to put in special bail (which must be done to prevent judgment) and to answer before the tribunal of a sister state.

That the plaintiff was under no peculiar inconvenience. Every creditor of this state or of the United States lay under the same. If his demand was just, Virginia would, upon application, do what was right; if not, and flagrant injustice was done him, he might (if a subject of this state, and entitled to its protection) complain to the executive power of Pennsylvania.

He concluded with observing on the importance of suppressing such measures as the present, at their first appearance, and of preserving the rights of sovereign states inviolate — and prayed that the rule might be discharged.

The counsel for the plaintiff insisted, that though Virginia was a sovereign state, yet this ought not to exempt her property in every case from the laws and jurisdiction of another state. That sovereignty should never be made a plea in bar of justice: and that the true idea of prerogative, was the power of doing good, and not, as it had sometimes been expressed, "the divine right of doing ill."

That every person, and all property within this state, was subject to its jurisdiction, by so being within it, except a sovereign power, and the representative of a sovereign power, with his domestics and effects, which he holds as representative.

That if an ambassador engages in trade, his property so engaged is liable to attachment, Vat B. IV sect. 114. and if a sovereign state turns merchant, and draws, or accepts bills of exchange, its property ought in like manner to be subject
</blockquote>

===Page 80===
<blockquote>
to the law merchant, and answerable in the state where it happens to be imported.

That sovereignty is better represented by persons than things : and as any or all the citizens of Virginia would be amenable to the jurisdiction of this state, if they were to come within its bounds, so there is no reason why property brought here should not be attached as well as the citizen arrested.

That one sovereign may lay duties upon the goods of another: and this appears to have been the sense of Congress, by their expressly stipulating in the articles of confederation, that no duties should be laid by one state on the property of another.

That the goods, which were attached, were- certainly liable for their freight : so if they had been imported contrary to law, they were subject to forfeiture : process against them might issue out of this court, and jurisdiction over them be exercised, the sovereignty of Virginia notwithstanding.

That if a vessel belonging to Virginia, should be taken, as prize retaken, and libelled here, Virginia must submit her claim to the decision of the admiralty of Pennsylvania, and could not claim an exemption, on account of her sovereignty.

That a sovereign state may wave its rights— and by the very act of importing merchandize, it subjects itself to the jurisdiction of the country.

That all property in this state is under the protection of the government, and therefore should be answerable in its turn, and amenable to its laws.

That the statute of Ann, though declaratory, is only declaratory of the ideas which that parliament entertained of the laws of nations. These were often erroneous, and could not be binding on us.

That whatever might be the case with regard to foreign ministers, by the articles of confederation, the delegates from Virginia were privileged only in their persons, and not in their goods : and as they represent the state, it was to be presumed, they enjoy every exemption that their sovereign expected or claimed.

They said, that whether Virginia was subject to, or exempt from, the jurisdiction of this state, in the present instance, was not the point now in question : it was only, whether the sheriff should or should not obey the command of the court.

That by the writ, he was directed to return it to the court, and he was not to withhold the process in contempt of this order, and to stifle the proceedings in their birth.

That the sheriff was to act under the judgment of the court, and if he had any doubt about the validity of the writ, he ought to return it. Then the court might, if cause was shewn, quash it as illegal.

That his not being obliged to return process against ambassadors was owing to the statue of Ann : and this exemption was singular, and not to be extended here.

That though a writ might be void, where the court had no jurisdiction of the cause, or issued a writ, which they had no authority to issue ; yet the cause here was trespass upon the case, of which the court may hold plea, and the process was a foreign attachment; which they certainly had authority to issue.

That to suffer the sheriff to suppress writs at pleasure, was establishing a dangerous precedent, which in future would be greatly abused.

That the questions upon which this cause depended, were important, and deserved the fullest consideration : and that an appeal from one tribunal to another, was the right and the security of the subject. But if the writ was now to be suppressed, there could be no record to be removed, and the plaintiff was left without remedy.

They finally observed, that this mode of applying to a court of judicature, to decide on the justice of the plaintiff's demand, was every way preferable to that proposed by the attorney general, of sending him to complain to the executive power, who could give him no redress, but by appealing to arms, and involving the state in a war.

They therefore prayed, that the rule might be made absolute.

THE COURT held the matter some days under advisement—and at their next meeting, THE PRESIDENT delivered it as the judgment of the court.

That the rule made upon the sheriff, to return the writ issued against the Commonwealth of Virginia, at the sit of Simon Nathan, should be discharged."
</blockquote>

==See also==
*[[Journal of the House of Delegates of Virginia]]
*[[Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781]]
*[[Wythe to Thomas Jefferson, 31 December 1781]]

==References==
<references/>

[[Category:Letters from Wythe]]
[[Category:Letters and Papers]]

==External links==

*[https://founders.archives.gov/documents/Jefferson/01-05-02-0084 "Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0141 "George Wythe to Thomas Jefferson, 9 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 "Edmund Pendleton to Thomas Jefferson, 7 March 1781,"] Founders Online, National Archives.

Wythe to Thomas Jefferson, 9 March 1781

2026-02-27T15:08:01Z

Gwsweeney: /* References */

[[George Wythe]] tells [[Thomas Jefferson]] his views on a case concerning payment of bills to [https://loebjewishportraits.com/biography/simon-nathan/ Simon Nathan.]<ref>[https://archive.org/details/journalofhouseof178186virg/page/n275 ''Journal of the House of Delegates of the Commonwealth of Virginia: Begun and Held in the Town of Richmond, in the County of Henrico, on Monday, the Fifth Day of May, in the Year of Our Lord One Thousand Seven Hundred and Eighty-Three''] (Richmond, VA: Printed by Thomas W. White, 1828), 75.</ref><ref>https://archive.org/details/journalofhouseof178186virg/page/n275/mode/2up?q=nathan</ref> See [https://founders.archives.gov/documents/Jefferson/01-06-02-0259 Thomas Jefferson to Edmund Randolph, 18 July 1783] and [https://founders.archives.gov/documents/Jefferson/01-03-02-0367 Thomas Jefferson to the Board of Trade, (18? March 1780)]

==Letter text==
<blockquote>
Williamsburg, March 9th, 1781.

Notwithstanding those to whom the bills were drawn immediately payable, could not have been entitled to more than the value received for them, I think that Mr. Nathan, the endorsee, if he were not privy to that transaction, and actually paid cash, or an equivalent for them at par when he took them up, may equitably, as well as legally, insist upon the assumpsit; because the terms of the contract between the drawers and original holders not appearing in the bill, as I suppose, it could bind only themselves and such as had notice of the terms, and the contract between him and the drawers was entered into without any deception which could make it appear unfair on his part.

If he were not privy to the contract between the drawers and original holders, and had not mentioned any thing of what he paid for the bills, he might have been irreprehensible; but having informed the Executive that he had taken them up at par, if he do not prove that fact, for otherwise the contrary is presumable, because it is in his power to do it, and the other party probably cannot disprove it; I think equity will relieve against the assumpsit upon this principle, that there was a ''suggestio falsi'' on his part, and an advantage gained by it. If he knew of the contract between the drawers and original holders, as he did not mention it to the Executive, although what he said of taking them up at par be true, it seems a disputable question whether there can be any relief. It would be going too far to say that in every bargain one party should disclose to the other whatever the former knows and it is the interest of the latter to know: a total silence, if the dealing in other respects be fair, may be innocent; but if one disclose part only of what he knows, and concealing the rest, by that means gain an unconscienable advantage, this seems a culpable suppression of the truth, because the other party confided in him, and that confidence was abused by not relating the whole truth. Frivolous as this might appear in a matter of light moment; in this case, I suspect the gain to have been enormous, and suppose Mr. Nathan to have been well apprised of the difference between paper bills, the only money which circulated in this Commonwealth, and gold and silver, I think it a good foundation for controverting his demand.

[[George Wythe|G. WYTHE]]
</blockquote>

==Edmund Pendleton's Response to the Issue==
<blockquote>
From Edmund Pendleton

Edmundsburg, March 7, 1781.

Sir

Relying on the honor of government to keep the case on which my opinion is required out of our Courts of Justice, I see no impropriety in giving it, as you have done me the honor to request: the ground on which it is supposed a Court of Equity might relieve against that acceptance which made a new contract between the Executive and Mr. Nathan, is, that the drawers allege the bills on the Governor and treasurer of Virginia were payable in paper money, and in consequence a value was received for them only according to the then depreciation of that paper; on which head a very proper inquiry seems to be, whether the bills themselves pointed out the sort of money that was to be paid for them or the specific value received? I suppose neither, as that would neither have escaped Mr. Nathan in his purchase, nor the Executive in their acceptance, and that the bills were in the usual and general form, requiring the payment of so many dollars for value received; in which case the bills drawn in the wilderness, and circulated through one Spanish government into another, gave no clue to Mr. Nathan to suppose that any other than silver dollars were intended, so as to put him on his guard. Again, he might very properly say, I run no risk in allowing specie value for the bills, since if it should prove otherwise, and that any other mode of payment should be proposed by those on whom they are drawn, I can declare the proposition, procure a protest of the bills, and have recourse for my money to the endorser from whom I purchase. He accordingly pays full specie value, and presents his bills, which are accepted, and a mode of payment fixed to the satisfaction of both parties; a large payment is accordingly made, and near a year elapsed before any notice is given to Mr. Nathan that government had any objection to the payment as stipulated. The Executive were deceived indeed, but by whom? Not by Mr. Nathan, who, as he paid the same he demanded, was an innocent and fair purchaser; I will not say that those worthy gentlemen who drew the bills were guilty of deceit or neglect in the mode of drawing the bills, or in not giving timely notice of the different value got for them, since I impute these to the hurry they were in, and the difficulty of conveying timely intelligence; but surely the present difficulty is derived from that source, and it is more just that the State should bear the loss than that it should fall on a man who has the law on his side, is in no fault at all, and who has now lost that advantage a protest at first would have entitled him to, of recurring for his money to the man of whom he purchased the bills.

Thus you discover, Sir, my opinion to be in favor of Mr. Nathan, an opinion however, drawn from general principles, and not from any determination I recollect on the subject. You and the Council will judge of the reasoning, and afterwards perhaps it may give the public more satisfaction to have the matter arbitrated in the way you proposed, than to have it rest on my judgment. I have the honor to be, the Council’s and your excellency’s most obedient servant,

Edmund Pendleton<ref>[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 Edmund Pendleton to Thomas Jefferson, 7 March 1781]</ref>
</blockquote>

==Simon Nathan v. The Commonwealth of Virginia==
===Page 77===
<blockquote>
As the following case<ref>Simon Nathan versus the Commonwealth of Virginia. 1 U.S. 77, 80 (1781).</ref> may give some satisfaction to our sister states, I hope the insertion of it here, will not be deemed an improper deviation from my intention, to confine the reports of decisions in the ''Common Pleas'', to those which have occurred since the appointment of Mr. President Shippen — particularly, as I have reason to believe, that the principle of this adjudication, met with the approbation of all the judges, of the Supreme Court.

:::Common Pleas, Philadelphia County.
::::September Term, 1781.
::Simon Nathan versus the Commonwealth of Virginia.

A foreign attachment was issued against the Commonwealth of Virginia, at the suit of Simon Nathan : and a quantity of cloathing, imported from France, be-
</blockquote>

===Page 78===
<blockquote>
longing to that state, was attached in Philadelphia. The delegates in Congress from Virginia, conceiving this a violation of the laws of nations, applied to the supreme executive council of Pennsylvania, by whom the sheriff was ordered to give up the goods.

The council for the plaintiff, finding that the sheriff suppressed the writ, and made no return of his proceedings, obtained, September 20, 1781, a rule that the sheriff should return the writ, unless cause was shewn

They contended that the sheriff was a ministerial officer; that he could nor dispute the authority of the court, out of which the writ issues, but was bound to execute and return it at his own peril. 6 Co. 54

That those cases in England, where the sheriff was not compelled to return writs issued against ambassadors or their retinue, depended upon the Stat. 7 Ann. c. 12. which did not extend to this state

The Attorney General, on the part of the sheriff, and by direction of the supreme executive council, shewed cause, and prayed that the rule might be discharged.

He premised, that though the several states, which form our federal republic, had, by the confederation, ceded many of the prerogatives of sovereignty to the United States, yet these voluntary engagements did not injure their independence on each other; but that each was a sovereign, "with every power, jurisdiction, and right, not expressly given up."

He then laid down two positions. First: that every kind of process, issued against a sovereign, is a violation of the laws of nations; and is in itself null and void. Secondly : that a sheriff cannot be compelled to serve or return a void writ.

I. The first point he endeavoured to prove, by considering, first the nature of sovereignty: and, secondly ,the rules of law, relative to process issued against ambassadors, the representatives of sovereigns.

He said, that all sovereigns are in a state of equality and independence, exempt from each other's jurisdiction, and accountable to no power on earth, unless with their own consent.

That sovereigns, with regard to each other, were always considered as individuals in a state of nature, where all enjoy the same prerogatives, where there could be no subordination to a supreme authority, nor any judge to define their rights, or redress their wrongs.

That all jurisdiction implies superiority over the party, and authority in the judge to execute his decrees : but there could be no superiority, where there was a perfect equality — no authority, where there was an entire independence.

That the king of England, as sovereign of the nation, is said to be independent of all, and subject to no one but God : and his crown is ilil.ed imperial, on purpose to assert that he owes no kind of subjection to any potentate on earth. No compulsory action can be brought against him, even in his own courts.

That a sovereign, when in a foreign country, is always considered by civilized nations, as exempt from its jurisdiction, privileged from arrests, and not subject to its laws.

Hence this inference was drawn, that the court having no jurisdiction over Virginia, all its process against that state, must be ''coram non judice'', and consequently void. 1 Vatt. p. 2. 133. 2. Vatt. 158. 1 Blackst. 141. 5 Bac. 450.

It was then observed, that there being no instance in our law books, of any process against a sovereign, it was proper to consider the rules of law relative to process against their representatives.

The Statute of Ann was read, with the history of the outrage that gave birth to it ; which act declares that all process against the person, or goods, or domestics of an ambassador shall be null and void, and all concerned in issuing or serving it should be punished as infractors of the laws of nations.

That this Statute was not introductory of any rule, but barely declaratory of the laws of nations. That there was nothing new in it, except the clause prescribing a summary mode of punishment. That it was a part of the common law of the land before, and consequently extended to Pennsylvania. 4 Blacst. 67. 3 Burr. 1480. 4 Burr. 2016.
</blockquote>

===Page 79===
<blockquote>
Hence it was concluded, that if process against an ambassador be null and void, ''a fortiori'', shall it be void if issued against a sovereign.

That the true reason of the minister's exemption from process is the independence and sovereignty of the person he represents. And although by engaging in trade, he may so far divest himself of his public character, as to subject these goods to attachment, yet in every case where he represents his master, his property is sacred. But a sovereign cannot subject himself by implication : he must do it expressly.

That though the goods of a sovereign, as well as of an individual, might be liable for freight, or duties, or subject to forfeiture ; yet in those cases, there was a lien on the goods, they were answerable, and the process was ''in rem'' in this case, it was ''in personam'' and the goods were attached merely to compel the party's appearance to answer the plaintiff's demand. And no sovereign would submit to the indignity of doing this.

Hence it was inferred that the writ was a mere nullity.

II. Upon the second point, authorities were read to explain the case produced by the plaintiff's council, and to shew a distinction between an erroneous and a void writ. That the sheriff was bound to execute and return the writ, although erroneous, if the court had jurisdiction. But when the court had no jurisdiction, the writ was void, and the sheriff was a trespasser if he dared to obey it ; a void authority being the same as none. That in England, the sheriffs were never obliged to return a writ, if upon shewing cause, it appeared that the defendant was a public minister, or one of his domestics. 5 Bac. 431. Salk. 700. 2 Barnes. 1 Wils. 20.

That suppressing the writ was not making the sheriff judge, because he was obliged to assign a reason for so doing : and on the legality of that reason the court was now to determine.

He added, that if the sheriff had attached the goods, he was liable to punishment, and to compel him to return his proceedings, was to oblige him to put his offence upon record, and to furnish testimony against himself.

He finally observed that the writ was void, or it was not. If void, the sheriff need pay no attention to it : if not void, he was obliged to execute it at all events; and if so, these inconveniencies would follow. That any disaffected person, who happened to be a creditor of the United States, might injure our public defence, and retard or ruin the operations of a campaign; that he might issue an attachment against the cannon of General Washington, or seize the public money designed for the payment of his army. That the states united or several, would never submit to put in special bail (which must be done to prevent judgment) and to answer before the tribunal of a sister state.

That the plaintiff was under no peculiar inconvenience. Every creditor of this state or of the United States lay under the same. If his demand was just, Virginia would, upon application, do what was right; if not, and flagrant injustice was done him, he might (if a subject of this state, and entitled to its protection) complain to the executive power of Pennsylvania.

He concluded with observing on the importance of suppressing such measures as the present, at their first appearance, and of preserving the rights of sovereign states inviolate — and prayed that the rule might be discharged.

The counsel for the plaintiff insisted, that though Virginia was a sovereign state, yet this ought not to exempt her property in every case from the laws and jurisdiction of another state. That sovereignty should never be made a plea in bar of justice : and that the true idea of prerogative, was the power of doing good, and not, as it had sometimes been expressed, "the divine right of doing ill."

That every person, and all property within this state, was subject to its jurisdiction, by so being within it, except a sovereign power, and the representative of a sovereign power, with his domestics and effects, which he holds as representative.

That if an ambassador engages in trade, his property so engaged is liable to attachment, Vat B. IV sect. 114. and if a sovereign state turns merchant, and draws, or accepts bills of exchange, its property ought in like manner to be subject
</blockquote>

===Page 80===
<blockquote>
to the law merchant, and answerable in the state where it happens to be imported.

That sovereignty is better represented by persons than things : and as any or all the citizens of Virginia would be amenable to the jurisdiction of this state, if they were to come within its bounds, so there is no reason why property brought here should not be attached as well as the citizen arrested.

That one sovereign may lay duties upon the goods of another: and this appears to have been the sense of Congress, by their expressly stipulating in the articles of confederation, that no duties should be laid by one state on the property of another.

That the goods, which were attached, were- certainly liable for their freight : so if they had been imported contrary to law, they were subject to forfeiture : process against them might issue out of this court, and jurisdiction over them be exercised, the sovereignty of Virginia notwithstanding.

That if a vessel belonging to Virginia, should be taken, as prize retaken, and libelled here, Virginia must submit her claim to the decision of the admiralty of Pennsylvania, and could not claim an exemption, on account of her sovereignty.

That a sovereign state may wave its rights— and by the very act of importing merchandize, it subjects itself to the jurisdiction of the country.

That all property in this state is under the protection of the government, and therefore should be answerable in its turn, and amenable to its laws.

That the statute of Ann, though declaratory, is only declaratory of the ideas which that parliament entertained of the laws of nations. These were often erroneous, and could not be binding on us.

That whatever might be the case with regard to foreign ministers, by the articles of confederation, the delegates from Virginia were privileged only in their persons, and not in their goods : and as they represent the state, it was to be presumed, they enjoy every exemption that their sovereign expected or claimed.

They said, that whether Virginia was subject to, or exempt from, the jurisdiction of this state, in the present instance, was not the point now in question : it was only, whether the sheriff should or should not obey the command of the court.

That by the writ, he was directed to return it to the court, and he was not to withhold the process in contempt of this order, and to stifle the proceedings in their birth.

That the sheriff was to act under the judgment of the court, and if he had any doubt about the validity of the writ, he ought to return it. Then the court might, if cause was shewn, quash it as illegal.

That his not being obliged to return process against ambassadors was owing to the statue of Ann : and this exemption was singular, and not to be extended here.

That though a writ might be void, where the court had no jurisdiction of the cause, or issued a writ, which they had no authority to issue ; yet the cause here was trespass upon the case, of which the court may hold plea, and the process was a foreign attachment; which they certainly had authority to issue.

That to suffer the sheriff to suppress writs at pleasure, was establishing a dangerous precedent, which in future would be greatly abused.

That the questions upon which this cause depended, were important, and deserved the fullest consideration : and that an appeal from one tribunal to another, was the right and the security of the subject. But if the writ was now to be suppressed, there could be no record to be removed, and the plaintiff was left without remedy.

They finally observed, that this mode of applying to a court of judicature, to decide on the justice of the plaintiff's demand, was every way preferable to that proposed by the attorney general, of sending him to complain to the executive power, who could give him no redress, but by appealing to arms, and involving the state in a war.

They therefore prayed, that the rule might be made absolute.

THE COURT held the matter some days under advisement—and at their next meeting, THE PRESIDENT delivered it as the judgment of the court.

That the rule made upon the sheriff, to return the writ issued against the Commonwealth of Virginia, at the sit of Simon Nathan, should be discharged."
</blockquote>

==See also==
*[[Journal of the House of Delegates of Virginia]]
*[[Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781]]
*[[Wythe to Thomas Jefferson, 31 December 1781]]

==References==
<references/>

[[Category:Letters from Wythe]]
[[Category:Letters and Papers]]

==External links==

*[https://founders.archives.gov/documents/Jefferson/01-05-02-0084 "Thomas Jefferson to the Judges of the High Court of Chancery, 5 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0141 "George Wythe to Thomas Jefferson, 9 March 1781,"] Founders Online, National Archives.
*[https://founders.archives.gov/documents/Jefferson/01-05-02-0115 "Edmund Pendleton to Thomas Jefferson, 7 March 1781,"] Founders Online, National Archives.

Proceedings of the Virginia Committee of Correspondence

2026-02-25T14:37:02Z

Gwsweeney:

{{DISPLAYTITLE:"Proceedings of the Virginia Committee of Correspondence, 1759-'67"}}
[[File:VirginiaMagazineOfHistoryAndBiographyApril1903p337.jpg|thumb|right|350px|First page of "[[Media:ProceedingsOfTheVirginiaCommitteeOfCorrespondenceApril1903.pdf|Proceedings of the Virginia Committee of Correspondence, 1759-'67]]," ''Virginia Magazine of History and Biography'' (April 1903), p. 337.]]
Introduction and summary.<ref>Please footnote sources.</ref>

==Article text, April 1902==
===Page 353===

<blockquote>
<center>
'''VIRGINIA LEGISLATIVE DOCUMENTS'''
</center>
Many years ago the older papers forming the records of the General Assembly of Virginia were removed from the office of the Keeper of the Rolls, and deposited, or rather, apparently, thrown in a heap, in the garret of the Capitol. They long remained in this p)lace with the dirt accumulating on them, unthought of and unused, except by Mr. W. W. Henry, who obtained from the mass, much material used in his ''Life of Patrick Henry.''

About ten years ago the Legislature placed these records in the custody of the Secretary of the Commonwealth for arrangement and possible publication. They were, accordingly, brought down from the garret, properly arranged in chronological order, and put up in packages; but the removal of the State Library to a new building and a demand for the room in which these records were stored for other use, almost undid the good done by the arrangement. It became necessary to remove them to the new building, where they are packed in such a small space that they are practically inaccessible until again examined and arranged.

This Society has obtained permission to copy and publish them, and the first installment appears below.

These papers consist of petitions, remonstrances, letters, executive communications, rough draughts of bills, &c. There are a few documents of an earlier date than 1774; but the mass of them begin in that year.

[The first two papers in this collection are deeds, dated in 1728, conveying a lot of land for a free school in the town of Norfolk. These were printed in the ''Lower Norfolk Antiquary,'' I, 78-81.]

<center>
'''Proceedings of Virginia Committee of Correspondence,*'''<br />
'''1764.'''<br />
<span style="font-variant: small-caps;">Virginia and the English "Declaratory Act."</span>
</center>
At a Committee of Correspondence held at the Capitol December 19, 1764.
<hr/>
<center>
<span style="font-size: 85%;">&ast;See Note 1, at end.</span>
</center>
</blockquote>

===Page 354===

<blockquote>
Present: The hon'ble John Blair, Wm. Nelson, Thos. Nelson and Peter Randolph, Esqr., John Robinson, Peyton Randolph, Richard Bland, Geo. Wythe, L. Burwell & Dud. Digges, Esqr. Mr. Montague's Letter of the 2ISt July, was read & a Letter ordered to inform him of the proceedings of the present Session of Assembly on the Subject of the Taxes * proposed to be laid on the Colonies by the British Parliament & that copies of the Address to his Majesty & the Memoriais to the House of Parliament be got ready to go with the Letter. And the Comn. immediately proceeded to prepare such a Letter, which was done at the Board, signed by all the members present and is as follows: Virga, Dec., 20th, 1764. Sir, We have rec'd your Letter of the 2ISt of July last, & have only to observe with Respect to the Act * * of * * for regulating the German Coin, that his Hon. Gov. has wrote to ye Lo'ds of Trade oni that Subject, tranismitted to themii an answer to the objection raised agaitnst it, in which he was assisted by some of our members & to which we beg leave to refer you. We are now to inlform you that the Genieral Assembly of this Colony met on the Day we mientioned in our last, and immediately took into consideration the Taxation proposed by the British Parliament on the American Colonies, when your several Letters on that subject and the Votes of the House of Comnmonis which you sent us were laid before themn. The Result of their Deliberation on this important Subject, is an address to the King, and memorials to the two Houses of Parliament, in which the Council and House of Burgesses have unanimously joined and directed us to transmit them to you; and we must desire of you to try every possible method of having them properly presented and use your utmost Influence in supporting them. We are under some apprehensions that you will meet with Difficulty in getting the memorial to the Connmons laid before them, as we have heard of their refusing to receive Petitions from the Colonies in former similar Instances. If this should be now the case we think you should have them *See Note 2, at end.
This
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===Page 355===

<blockquote>
printed and dispersed over the Nation, or the substance of them at least published in such manner as you may think least liable to objection, that the People of England may be acquainted with the Privileges & Liberties we claim as British Subjects; as their Brethren and the dreadful apprehensions we are under of being deprived of them in the unconstitutional method proposed. We have had so many Proofs of your attention to our Interest that we do not entertain the least Doubt of your doing every thing in your Power to assist us in this very interesting Occasion in which we are persuaded you will be heartily seconded by the Agents for the other American Colonies. We are Sir, Yr. mo. hble. Servt", J. Blair,* W. Nelson,t T. Nelson,: P. Randolph,? J. Robinson,II Pey. Randolph,? R. Bland,* * G. Wythe,t t L. Burwell, t + D. Diggs, Jun. ? Proceedings of Virginia Committee of Correspondence, 1765. THE RESOLUTIONS OF MAY 30, 1765. At a Committee held at the Capital the I4 Day of Septmr, I 765. Present: The hon. John Blair, Wm. Nelson, Thos. Nelson & Robert Carter,' Esqr, Peyton Randolph, Geo. Wythe, Robt. Carter Nicholas,?? Lewis Burwell, and Dudley Diggs, Esqr, *John Blair, of Williamsburg, born j686, died November 5, 177, was a nephew of Rev. James Blair, D). D., the first President of William and Mary College, and entered early into public life. He was member of the House of Burgesses for Williamsburg 1736, I738, 1740; Auditor- General 1732-177 1; member of the Council 1743-177 1, and as President of that body was acting Governor January-June, 1758, and March-October, 1768. He married Mary, daughter of Rev. John Monro, and was father of Justice John Blair, of the U. S. Supreme Court See Wiliam and Mary Quarterly, VII, 134-153; VIII, i-i7; and " Blair, Banister and Braxton Families." t William Nelson, of Yorktown, born 171 1, died November I9, 1772. He was a member of the House of Burgesses for York county 1742, 1744; of the Council 1744-1772, and as President of the
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===Page 356===

<blockquote>
Mr. Atto; Mr. Wythe, Mr. Nicholas, appd to prepare a Letter to acting Governior from October 15, 1770, to August, 1771. He married Elizabeth, daughter of Nathaniel Burwell, of "Carter's Creek," Gloucester county, and was the father of Thomas Nelson, signer of the Declaration of Independence See R. C M. Page's Page, Nelson, &c., Families, 2d edition. I6o- i66; William and Mary Quarterly, VII, 25-30; Meade's Old Churches and Families of Virginia, 1, 205- 210. 4 Thomas Nelson, of Yorktown, Va. (a brother of William Nelson), was born in 1716 and died in 1782. He was a member of the House of Burgesses for York county 1745-1749, inclusive; of the Council 1749-76, and Secretary of State 1743-76. It appears from the Virginia Gazette (Dixon and Hunter's), of May 6, 1775 that he was then President of the Council. His house at Yorktown was for a time Cornwallis' headquarters; btut was destroyed by the bomnbardment. " Secretary Nelson," as he was usually called, was at Yorktown when the siege commenced; but on October 8th, came out to the Americani lines under a flag of truce. A contemporary writer says that he spoke cheerftully to the officers who gathered arotitnd him, and encouraged them by his description of the great damage the shells were doing in the town. He married Lucy Armistead. . Peter Randolph, of " Chatsworth," Henrico county, born 1713, died July 8, 1767; was appointed to the Council in 1751. and was Surveyor General of the Customs for the Middle District of North America. He was probably not in favor of any radical measures iii opposition to England, as Jefferson says that the morning after Henry's resolutions-the first five-were adopted in 1765, he saw Colonel Peter Randolph sitting at the clerk's table examining the journals to find a precedent for expunging a vote of the House. His will is published in Water's Gleanings. He married Lucy, daughter of Robert Bolling, of Prince George county, and was the father of Beverley Randolph, Governor of Virginia. IIJohn Robinson, of " Mt. Pleasant," King and Qtueen county, was born in Virginia, and died in May, 1766. He was a member of the House of Burgesses for King and Queen county 1736-1766, and Speaker of the House and Treasurer of Virginia 1738-1766. The Virginia Gazette for May i6, 1766, contains the following: "On Sunday last died John Robinson, Esq., a member of the General Assembly for the county of King and Queen. He had been almost thirty years Speaker of the Burgesses, every one allowing to his indisputable merit, not the second, but the first place in that House; which post he filled with sufficient ability, and equal dignity: So that the public is deprived of a most uiseful servant. And the matny amiable virtues which adorned his private
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===Page 357===

<blockquote>
the agent to acknow: Rec' of his sev" Letters of i9th Novr, I764, station, whilst they consecrate his memory among his friends, dependants, and acquaintance, mark his death as a calamity to be lamented by the unfortunate anid indigent who were wont to be relieved and cherished by his humanity and liberality." His natural abilities, and genial temper, united to the two offices he held, made him long onie of the most influential nmen in Virginia. This easy and generous disposition caused him to be a careless guardian of the public funds, and at his death he was found to be a defaulter for about ,?roo,oou. Much of this was on account of moniey he had loaned to friends. Ultimately the whole was repaid from his great estate. He married (1), Story; (II), Lucy, daughter of Augustine Moore, of "Chelsea;" (II), Susanna, daughter of Colonel John Chiswell. His onily descendants are through his daughter Susanna, who married Robert Nelson, of "MNlalvern Hill," Henrico county. ? Peyton Randolph, of Williamsburg, born 172I, died September 22, 1775, was member of the House of Burgesses for William and Mary College of Williamsburg from 1748 to 1775, continuously; Attorney- General 1748-1766, and Speaker of the House of Burgesses 1767-1775. He was President of the Convention of March, 1774 and 1775, and that of July in the latter year, but resigned the position in August on account of bad health. Was President of the Continental Congress in 1774 and 1775. He married Elizabeth, sister of Benjamin Harrison, the signler of the Declaration of Inidependence, but had no issue. ** Richard Bland, of "Jordan's," Prince George county, born May 6, 17IO, died October 26, 1776. He was a member of the House of Burgesses 1742-1775, continuously; of the Conventions of March, July and December, 1775, and May, 1776; elected member of the Colonial Committee of Correspondence in 1773; of the Committee of Safety 1775, anld of Congress 1774, and re-elected in 1775. Throughout the events producing the Revolution he was one of the leaders of the colony. He was author of " A Letter to the Clergy on the Two-penny Act" (176o), and " Ani Inquiry into the Rights of the British Coloniies " (1766). He married Ann, daughter of Peter Poythress. t t George Wythe, born 1726, in Elizabeth City county, died June 8, i8o6, in Richmond; was a member of the House of Burgesses for Williamsburg 1754-1755, for William and Mary College 1758-1761, and for Elizabeth City couinty 176 1-1768. He appears at the date last mentioned to have retired for some years from public life, and held no other office until elected to Congress. He was a member of that body in 1775 and 1776, and signed the Declaration of Independence. He was chancellor of the State of Virginia and first professor of law in William and Mary College.
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Feb. 7th and i6th, April 4th, and May Ist, 1765. To apprize See biographical sketch prefixed to B. B. Minor's edition of Wythe's Reports, and William and Mary Quarterly, II, 67-69. I t Lewis Burwell, of " Kingsmill, " James City couinty, member of the House of Burgesses for that county from 1758 to 1775, continuously. He married Frances, daughter of Edwin Thacker, of Middlesex county, and is said to have died in 1784. D Dudley Digges, of York county and Williamsburg, was born 1729, and died June 3, 1790. He was a member of the House of Burgesses for York county 1732-1774; of the Convention of 1775-1776; of the Committee of Correspondence and Safety and of the State Council I 776-1780, &c. He married, first, Martha Armistead; second, Elizabeth, daughter of Ralph Wormeley, of " Rosegill," Middlesex county. 0 Robert Carter, of "Nominy Hall," Westmoreland county, born 1728, died Mlarch 4, 18o4, in Baltimore, Md. He was appointed to the Council in 1758. It is believed that shortly before the Revolution he retired from public life and devoted his time to the management of his estate, and to books anid music. After the war he freed most of his slaves, several hundred in number, and removed to Baltimore. He married Frances, daughter of Hon. Benjamin Tasker of Maryland. In regard to him, see the " Diary of Philip Fithian " (Princeton Uniiersity Press), who was a tutor at Nominy Hall just before the Revolution. 0 0 Robert Carter Nicholas, born 1715, died 1780; was a member of the House of Burgesses 1764-1776, Treasurer 1766-1776, member of the Revolutionary Convention, of the House of Delegates 1777-1779; Appointed Judge of the Court of Chancery, and Judge of the Court of Appeals of Virginia. He married Anne, daughter of Col. Wilson Cary, of " Ceeley's " and " Richneck," and was the fatherof W'ilson Cary Nicholas, Governor of Virginia, anid U. S. Senator, and of George Nicholas, so distinguished in Kentucky. It has been deemed proper to give sketches of the ptublic services of the men who formed the Committee of Correspondence of 1764-'65, because their selection as members of that body by the Council and House of Burgesses, shows that they were considered as among the leading men of the two branches of the Assembly. They were, indeed, types of the men who were at the head of aflairs in Virginia just prior to the Revolutionary movement. They were men devoted alike to England and to the rights of the Colonies, and all of them of good character, liberal education, for the time, and of large estates. Blair was educated in Scotland ; the two Nelsons, it is believed, at WVilliam and Mary, as was Peter Randolph. Robinson was probably educated in England, and Peyton Randolpli studied at William and Mary and the Tem-
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him of a spurious Copy of the Resolves* of the last Sess. of Ass. on hearing of the Stamp act being dispersed abt & printed in the News Papers, & to send him a true copy of the Votes on that occasion properly authenticated, to prevent any ill Impress8 from the Spurious copies. To advise him of the Act for continuing him in office, & to thank him for his care & attento to the Intr of America notwithstanding the fatal stamp. Sept. I9. Letter read and signed by: J. Blair, W. Nelson, T. Nelson, Peyton Randolph, Peter Randolph, G. Wythe, R. C. Nicholas, L. Burwell, D. Diggs, Jun. Resolved, That the first adventurers and Settlers of this his Mlajesty's Colony and Dominion of Virginia, brought with them and transmitted to their posterity and other his Majesty's Subjects since inhabiting in this his Majesty's said Coloniy, all the Liberties, Privileges, Franchises and Immunities that have at any Time been held, enjoyed and possessed by the People of Great Britain.. Resolved, That by two Royal Charters granted by King James the first, the Colonists aforesaid are declared entitled to all Liberties, Privileges and Immunities of Denizens, and Natural Subjects to all Intents ple; Richard Bland, at William and Mary and Edinburgh; Wythe and Nicholas, at William and Mary, as, it is thought, were Burwell and Digges; while Carter was educated in England. William Nelson and Nicholas were noted for their devotion to the church. In character, education and manner of life, these typical Virginians of the first rank during this period, were as different as it was possible for men to be from the ignorant and debauched creatures which it has pleased various so-called historianns and biographers to picture as representatives of Virginia colonial character. After 1765 new men came forward, and most of the members of the Committee of Correspondence, who remained, became more radical in their views, and were foremost in the Revolutionary movement as they had been in the peaceful period preceding it. Peyton Randolph, Blatid, Wythe and Nicholas, will always hold a high place in our history, and Digges and Burwell, though in minor places, played their parts well. * See Note 3, at end.
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and Purposes as if they had been abiding anid born within the Realm of England. Resolved, That the Taxation of the People by themselves or by Persons chosen by themselves to represent them, who can only know what Taxes the people are able to bear, or the easiest Method of raising them, anld must themselves be affected by every Tax laid on the People, is the only Security against a burthensome Taxation, and the distinguishing characteristics of British Freedom, without which the ancient Constitution cannot exist. Resolved, That his Majesty's liege People of this his most antient and loyal Colony, have without Interruption enjoyed the inestimable Right of being governed by such Laws respecting their internal polity and Taxation, as are derived from their own Consent, with the approbation of their Sovereign or his Substitute, and that the same hath never been forfeited or yielded up, but hath been constanitly recogniized by the kings and people of Great Britain.
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==Article text, April 1903==

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'''PROCEEDINGS OF THE VIRGINIA COMMITTEE<br/>OF CORRESPONDENCE, 1759-'67'''
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From the originals in the Virginia State Archives
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[At the February session, 1759, of the General Assembly of Virginia, Edward Montague, Esq., of the Middle Temple, was appointed the agent for the colony in England, and a committee, termed the Committee of Correspondence, composed of members of the Council and House of Burgesses, was appointed to transact all business with him. The agent was to support before the English government any laws passed in Virginia in regard to which there might be any question of approval, and was generally to represent the interests of the colony in England. Therefore, the correspondence between the committee and the agent must be of value as throwing light on the history of the period. Two letters from the committee, found amnong the Legislative papers, have been published in Vol. IX of this Magazine, pp. 353-360. See same Vol., pp. 355-359 and 364, for a note on the Committee of Correspondence and biographical sketches of its menmbers. Francis Fauquier became governor of Virginia on June 7, 1758, and held the office until his death, on March 3d, 1768.
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Sessions of Assembly were held in September and November, 1758; February and November, 1759; March, May and October, 1760, and March, 176I.] PROCEEDINGS OF THE COM. OF CORRESPONDENCE, MAY 2D, 1759. At a Meeting of the Committee for corresponding with the Agent appointed to sollicit the Affairs of this Colony in Great Britain, held at the Capitol in Williamsburg, May 2d, 1759. Present: The hon'ble William Nelson, Esq', Chairman, the hon'ble Thomas Nelson, Philip Grymes & Peter Randolph, Esq", John Robinson, Peyton Randolph, Robt. Carter Nicholas, and George Wythe, Esq". Resolved, That George Davenport be appointed Clerk of this Committee. Resolved, That a Letter be wrote to Edward Montague, Esq'. the Agent for this Colony, with a Copy of the Act of Assembly appointing him agent: And that a Copy of the Representation formerly sent by the Assembly to Mr. Secretary Pitt, be transmitted to him therewith. Resolved, That Application be made to the Governor for Copies of the several Letters wrote by Mr. Secretary Pitt, in Relation to the Application to be made to Parliament in behalf of this Colony, and that they be sent Home to the Agent to enable him to sollicit for the proportion of Money granted, and to be granted by Parliament, for reimbursing this Colony the Money they have expended. Resolved, That the Agent be instructed to use his Endeavours to get the King's Assent to an Act of Assembly past in the 22d Year of his Majesty's Reign intituled "An Act for settling the Titles and Bounds of Lands, and for preventing unlawful hunting and Ranging." And that the Clerk apply to Mr. Palmer for a Copy of the Reasons that were drawn up in order to be sent home, in Support of the said Act of Assembly. Resolved, That the Agent be instructed not to shew the Act of Assembly for appointing him Agent, before all the Acts passed the last Session of Assembly are transmitted by the Governor to the Board of Trade.
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And as there is some Reason for apprehending Attempts may made for repealing the said Act, that the Agent be directed to use his utmost Endeavours to prevent the same, and be made acquainted with the Reasons of an Agent being appointed by this Colony. Resolved, That the Agent be instructed to use his utmost Endeavours to prevent any additional Duty on Tobacco, and that he be furnished with Reasons for opposing the same. Resolved, That the Agent be instructed to get a Copy of the Account of Mr. Dinwiddie's Disposition of the ?20,000 granted by his Majesty, for the Use of this Colony, which he says he has passed with the Treasury, and that he procure, and send over, Copies of the Vouchers by which the same was passed. Resolved, That the hon'ble William Nelson and Thomas Nelson, Esq-, & John Robinson and Peyton Randolph, Esq", do prepare a Letter to be transmitted to the said Agent, in pursuance of the aforegoing Resolutions. A Copy. GEo. DAVENPORT, Clk. Com. PROCEEDINGS OF THE COM. OF CORRESPONDENCE NOV'R 7,. I759. At a Meeting of the Com. of Correspondence held at the Capital Nov" 7th. 1759. Present: The hon'ble William Nelson, Philip Grymes & Peter Randolph, Esqr6, John Robinson, Peyton Randolph, Charles Carter, Landon Carter & Richd Bland, Esq". It appearing to this Comittee that a Letter hath not yet been sent home to the Agent for this Colony, pursuant to the Resolutions of the former Committees, it is therefore Resolved, That a Letter be prepared to be sent Home to the said Agent. by Mr. Speaker, Mr. Attorney, Mr. Charles Carter, Mr Landon Carter and Mr. Bland, to he laid before this Comnittee at their next meeting. Resolved, That the Gent. appointed to prepare the said Letter be inistructed to inform the said Agent of the Reasons that prev'ailed with the Legislature of this Colony to pass the Act made in the thirty second Year of the Reign of his present Majesty, intituled An Act to enable the Inhabitants of this Colony to dis
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in Money for the ensuing Year. Resolved, That it be a Direction to the Gent. above appointed to prepare the said Letter to the Agent, to omit taking any Notice in the said Letter of the Directions of the former Committee, whereby the said Agent was required not to shew the Act 6f Assemibly of this Colony appointing him to his Office, before all the Acts passed at the last Session of Assembly should be transmitted by the Governor to the Board of Trade; And that they be discharged from furnishing the Agent with Instructions to prevent an additional Duty on Tobacco, as was directed by this Comittee at their fornmer Meeting, it appearing to this Comittee that such a Duty hath already taken place. Ordered, That the Committee be adjourned to Wednesday next at IO o'Clock. A Copy. G. DAVENPORT, Clk. Com. AT A COMMITTEE OF CORRESPONDENCE HELD AT THE CAPITOL NOV'R 14TH, 1759. Present: The hon'ble William Nelson, Thomas Nelson, Philip Grymes & Peter Randolph, Esq'8, John Robinson, Charles Carter, Richard Bland, Landon Carter, George Wythe & R. C. Nicholas, Es;qT'. Mr. Nelson infornmed the Committee that the Revd Mr. John Camm * Minister of the Parish of York hampton hath latelv commenced a Suit at Law against the Collectors of that Parish to recover his Salary in Tobacco, in Opposition to the Act of Ass: made in the xxxiii Year of his Majesty's Reign intituile(i An Act to enable the Inhabitants of this Colony to discharge their public Dues, Officer's Fees & other Tobo Debts in Money for the ensuing Year. He therefore desired the Opinion of the Coni. whether this Matter is not of so public a Nature (whereini the Power of the Legislature of this Colony in making temporary Laws for the public Weal will be called in Question) as to nmerit their particular Attention, and if need be, their Aid & Assistance in contribuLting to the Expences that may accrue in *See note at enid of article.
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defending the said Suit either here [or] in Great Britain, as such Expenses may be to heavy to be borne by that Parish. After Consideration whereof, it. is the Opinion of this Committee, and accordingly Resolved, That this Matter be proposed to the Consideration of the House of Burtgesses, and their Opinion desired there- UPOII. The Commnittee appointed to prepare the Letter to the Agent in pursuance of the Resolutions of the Com. at their last Meeting not having compleated the samie Ordd, That the Com. be adjd to Saturday morning next. SATURDAY NOV'R 17, 1759. Present: The hon'ble W. Nelsoni Thomr Nelson & Ph. Grymnes, Esq"r, Jno. Robinson, Ch' Carter, Rd Bland & R. C. Nicholas, Esq . The Letter to the Agent not being yet finished pursuant to the former Resolute Ordd, That. ye Com. be adjd to Monday morning next. AT A COM. HELD AT THE CAPITOL ON MONDAY I9 NOV'R, 1759. Present: The hon'ble W. Nelson, T. Nelson, P. Grymes & Peter Randolph, Esqr, John Robinson, Rich' Bland, G. Wythe & R. C. Nicholas, Esq"'. The Comn. appointed this day preseinted a Letter they had prepared with Instructions to the Agent agreeable to their foriner ResoluLtions, to which sev' Amendments being proposed & agreed to, Mr. Speaker was desired to reduce the same into form. Ordd, That ye Corn. be adjd till Tomorrow. NoV'R 20TH. Present: As before. Mr. Speaker informing the Com. that he had not suff' time since yesterday to draw up the amendnments proposed to the Letter to the Agent, Ordd, That ye Com. be adjd.till Tomorrow.
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LETTER TQ THE AGENT, DEC., 1759. Williamsburg, Dec" I 2th, 1759. Sir,-The General Assembly of Virginia has by an Act passed the 14th of April, 1759, intituled "An Act for appointing an Agent " a Copy of which is herewith inclosed, been pleased to appoint you the Agent of this Colony, & directed their Treasurer to pay you yearly the Sum of ?50o sterling, in full for your Expenses & Trouble in the Execution of your Duty. The Appointment of such an Officer to represent the Grievances of the People, to justify their Conduct to their Sovereign. to obtain his Approbation & Assent to such Laws as their Rep. resentatives shall think necessary for their Welfare and good Government, to implore his Assistance in the time of Danger and Calanmity, and to protect and explain their Rights & Interest ill Parliament, seem to be the natural Privilege of all Colonies, so far remov'd from their King and Mother Country. Yet the People of this Colony have had the Misfortune allways to be disappointed in . their Endeavours to attain this Right, tho universally claim'd, and enjoy'd by all his Majesty's other Colonies anid have been obliged to depend for these great and important Services on an Agent appointed by the Governor and Council, who for want of the Weight which a national Establishment would have given hinm, the Authority which must necessarily be derived from every Power of the Legislature, the Instructions when and for what Reasons he should interpose, must have beeni very deficient in his Duty, when considered as regarding the whole. Besides sonletimes diflerent Initerests arise ailmongst the different Branches of the Legislature, different Instructions then become necessary; an Agent so appointed is obliged to obey those by whom he is appointed, and by the plainest Consequence in Affairs of the greatest Moment, the Body of the people nmay be left without the Shadow of a Representative. It is to our not having a Representative properly appointed and instructed, that we in a great Measure attribute the passing an Act of Parliament for laying a Duty on our Tobacco, the Staple of this Colony (in the present State of the Tobacco Tr-de, a great Grievance to the people), and the Repeal of several
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Laws, thought to be very saltitary. But these are Misfortunes which can now perhaps be only lamented and not redressed. We being by the same Act apppointed a Committee to correspond with the Agent, must now desire you to take this Office upon you, and that you will take Care allways to he ready to prevent the Repeal of Laws passed by the Legislature, the Reasonis for which, will be from time to time transmitted to you by us; to support any Representations which it may be necessary to make, and for that Purpose will not fail to attend them thro' the several Boards to which they may be referred; To give early Intelligence of anything that may be moved in Parliament, or the Department for American Affairs to this Committee; And in all things relative to this Colony, to use your best Endeavours, according to your Discretion, to protect her Rights and secure her Interest. We must desire you immediately to join in any Solicitations which may be made, for a Grant of a Sum of Money, to reimburse the Colonies, in some measure, for the great Expence they have been at during this War, agreeable to the Promise made by Mr. Secretary Pitt, in his Letters of the gth & 29th of Decenmber, 1758, to the Governor, and by him laid before the Assemiibly, Copies whereof are inclosed. And if any such Grant shall be made, to endeavour to get as large a proportion of the same as the persons appointed to distribute it shall think we deserve; And that you may be able to shew what our Expence has been, we have minuted down the several Sums that have been raised in this Colony, and the Purposes for whlich they were raised in a particular Account * thereof herewith sent, and to which we refer you. Also that youi use your best Endeavours to get the Kinig's Assent to an Act of Assembly passed in the 22d Year of his present Majesty's Reign, intitd "An Act for settling the Titles and Bounds of Lands and for preventing unlawful Hunting and Ranging," which having a suspending Clause, cannot take Effect till this is done. This Act was passed upon the Revisal of all the other Laws of this Colony, and the chief Intention of it was to reduce the sev- * Not found.
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eral Acts relating to the Conveyance, taking up, settling, savinig & cultivating of Lands, into one Act; and also an Act prescribing the method of docking the Intails of Land of no greater Value than /200 sterling, by a Writ, called a Writ of Ad quod Damniuni. To most of the other Acts passed at the same timiie his Majesty was pleased to give his Assent. But this Act was laid by, as we imagine, to be considered, whether his Majesty's Right of granting Land was affected thereby. And as it will appear by the several Amiiendments hereafter mentioned, that nothing of that Sort was intended, or affected by them, we conclude that it is enitirely owing to a want of a proper Application, that his Majesty's Assenit has not, lonig since, been obtained thereto. The several Acts it takes in are as follow: An Act for settling the Titles and Bounds of Land, and for preventing unlawful Shooting & Ranginig thereon. 9 Anne, Cap. 13. An Act to prevent Lanid lapsing from an Infant for not seatinig and planting, or not paying Quit Rents, until three Years after they come of Age. r I Anne, Cap. 4. An Act declarinig what shall be accounited a sufficient Seating, cultivatinig & improving of Lands, already granted, or hereafter to be taken up and patented. 12 Anne, Cap. 13. An Act explaining & further declaring what shall be accounted a sufficient Seating & Improvemenit of to save Lands from lapsing, and for the better Recovery of Lanids lapsed from Persons living out of the Country. 7 Geo. i, Cap. 3. An Act for amending the Act intituled An Act for settling the Titles and Bounds of Lands, and for preventing unlawful Shooting and Ranging thereupon. 8 Geo. 2, Cap. 6. An Act for the better Preservation of the Breed of Deer, & preventing unlawful Hunting. 12 Geo. 2, Cap. 14. An Act for amending the Act intituled An Act for settling the Titles and Bounds of Lands and for preventing unlawfuil Shooting and Ranging thereupon. i8 Geo. 2, Cap. I4. By perusing these Acts, you will find that no Alterations are made by this Act, except in a few Instances. In the Act of the 8 Geo. 2, Cap. 6, which is the Act that
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directs the Method of docking Intails of Land of no greater Value than ?J200 Sterling, these are the Alterations made. i. It directs that the Surveyor of the County where the Land lies, shall survey the Land, in Order to satisfy the Jury, who are sworn pursuant to the Directions of the Writ of Ad quod Damnum, what Land precisely thev are to value. 2. It directs that the Heir shall be summoned, to give him an Oportunity of detecting any Fraud that may be committed on the Execution of this Writ. 3. It confirms the Title of those who had proved their Deeds in the County Court. By the Act of the 8th Geo. 2, Cap 6, the Deeds of Conveyance for the intailed Lands docked under said Act were ordered to be recorded in the General Court. But the Lawyers here were of Opinion, as other Acts gave the County Courts full Jurisdiction to receive the Proof or Acknowledgement of Deeds of Land within their County, that the Purchasers of these intailed Lands might safely prove theit Deeds in those Courts. The Assembly finding that this might occasion many Law-suits, and might possibly defeat the Titles of many fair Purchasers, thought it was agreeable to Justice and Equity to confirm such Titles. This Act of the 8th Geo. 2, was the only Act that had received his Majesty's Assent, anid was the Reason for adding the suspending Clause. The only Alterations made in. any of the other Acts, are in the Act of the 7th Geo. Ist, Chap. 3, by reducing the sum for saving Fifty Acres from Ten pounds to Five, and by limitting the time for bringing Petitions to ten Years, which was not mentioned in either of the above Acts. By our Instruction sent to the Governor of this Colony, the Assembly finds that the Merchants of Great Britain are still dissatisfied with the making Treasury Notes (issued pursuant to the several Acts of Assembly for the Defence of the Colony), a proper Tender for Sterling Debts. Before the Year I748, there was no Law subsisting to direct at what rate of Exchange sterling Debts should be paid. The Consequence of this was that the Sherifs when they levied Money by Execution on Sterling Judgments demanded of the Debtors
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what Exchange they thought proper, to the great Oppression of the people, and without any Advantage to the Person who had ob)tained the Judgm'. The Assembly thought it very proper to put a Stop to such unjust Proceedings, and passed an Act in the Year 1748, 22d Geo. 2, Cap. 12, intituled "An Act declaring the Law concerning Executions and for Relief of insolvent Debtors," by which they directed that all Executions for Sterling Money should be levied at twenty five per Cent., the real Difference of Money, and no more than the Difference of Exchange at the time the Act passed. The Merchants of Great Britain complaining of this Act, and representing that they should be considerable Losers when Exchange should rise above twenty five per Cent., the Assembly took the same into their Consideration, and endeavoured to provide a Remedy which might prevenit any further Murmurs. They considered that as Exchange is a fluctuating thing they could not do Justice to sterling Creditors by fixing the Exchange at any certain Standard. They therefore passed an Act to impower the Courts where JuLdgmnents should be obtained for sterling Money, to settle at the Foot of the Judgment, at wvhat Rate of Exchange the same should be discharged; This will enable the English Merchants to bring their Money Home, without any Loss, let the Exchange rise to what it will, unless the Courts should be guilty of flagrant Injustice by settling the Exchange lower than Bills of Exchange can be purchased for, as it is notoiious they lhave always fixed it at the very highest Rate. One Reason for issuing Treasury Notes was, hecause all the Gold and Silver of the Country had been drawn away by the Armies to the Northward, and it would have been the greatest Grievance that ever People underwent, to make themn receive this Sort of Money for Debts due to them, and not allow them to discharge the Debts due from them in the same, when it was impossible to exchange it for any other; And this as appears from what has been said above is as good as any other to the Merchants in Great Britain. They were under a Necessity of making these Notes or Bills of Exchange a proper Tender for Sterling Debts, and there can be no Doubt that the English Merchants would chuse the former.
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You will, we hope, endeavour to prevent any ill Consequences from these Complaints, and that you may be prepared for that Purpose, we must refer you to the Representation of the Burgesses of Virginia to his Majesty, a Copy whereof is inclosed, anid also to a Paper containing fiurther Reasons on this Subject. You are desired to get a Copy of the Account of Mr. Dinwiddie's Disposition of the /20.000 granted by his Majesty for the use of thic Colony, passed with the Treasury, and to send the same to this Committee with Copies of the Vouchers by which the same was passed. We must refer you to the Representation above-mentioned on this Poinit, by which you will easily discover our Reasons for this Request. Be pleased to take Notice, that this Representation is not to be presented to his Majesty, as it has already been delivered to Mr. Secretary Pitt, and is only intended to instruct yotu in the several Matters now reconmnmended to you. *As we have not seen a certain Remonstrance drawn up by soine Clergymen of this Colony, supported as it is said by the ILord Bishop of London, & presented to the Board of Trade, against an Act of Assembly passed here, intituled " An Act to enable the Inhabitants of this Colony to discharge their public Dues, Officers Fees, and other Tobacco Debts in Money for the ensuing Year," and are unacquainted with any Reports or Determininations that have been made on that, or any other Act of' Assem)bly complained of in that Remonstrance, we cannot give you our Opinion and Instructions so fully on this Head, as we should otherwise chuse. But we persuade ourselves that by stating to you the Reasons that governed in the passing of that Act, you will be sufficiently enabled to remoive the Imputations of Arbytraryness and Disloyalty, which from comon Rumour we collect, have been aimed at in that Remonstrance, to the great Abuse of the Legislature, and Injury of the Country, if it has been in any manner countenanced, as it will be establishing a Precedent for Mal-Contents of every Kind (with which no doubt all Communities abound) to endeavour to weaken one of the principal Instruments of the Civil Power, by private Misrepreseitations of things. * See note at end of artic
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By the Constitutioii which we have hitherto enjoyed, every Act that receives the Consent of the Governor, Council and Burgesses of the (Colony obtains the Force of a Law aimiongst us, until his Majesty shall thinik proper by Proclamation to declare his Disapprobation. And if there are any Acts enideavoured at that iinterfere wich any general or particular Instructioi to the Governior, sLICh (if by a Change of Circumiistanices whiclh are ever fluctuatinig) they are thought benieficial to the Comnmunity, are always eniacted without any Force or Effect as a Law, until his Majesty's Pleasure shall be known, bv a suspendiing Clause in the Act. Further, if his Majesty shall at any timiie think proper to give his Assent to any subsisting Act of Assembly, stuch Act theni obtainis such a Degree of Firminess in the Constitution, as it caninot be altered by anly subsequent Act witlhout tthe concurring Conisent of all the several Branches that conIstituted it. And these Rules of Proceeding have been sacredly observed by the Legislature of this Colony, thro' a dutiful Regard as well to the Royal Autlhority, as to the Preservation of the Constitution. Tobacco is the Staple, and indeed only Coimmodity in the Coutitry, fromii whenlce any tollerable Profit canl arise. To this 'tis to be presumed it is owing, that nmost of our Taxes and Salaries, &c., of a public Nature were made leviable in Tobacco 'till the present War, in which as the immediate Wantof Money made the Emiiission of a paper Currency unavoidable, the Taxes were necessarily laid in Money. that so nmuch of such emitted Paper should aninually be sunk, by repayinlg it into the Treasury fromli whence it was made issuable. The several fees therefore due to the Clerks of the Courts of Justice, and other Officers in this Colony have been fronm long Conitinuance paid in Tobacco. It nmust be observed, that when the Salaries of the Clergy wer-e first settled at I6,ooo lbs. of Tobacco that Commodity was rated at ios. sterling '# hundred, which made their Provision Eighty Pounds sterling per Annunm. In the Year 1748, when the Laws of the Country were revised, the Act which established the Salaries of the Clergy was re-enacted with such Amiendments in their favour, that remioved all Doubts as to their temporal Rights for Want of Iniductioni and indeed greatly added to the Value
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of their Salaries. For as Tobacco was at that time under a public Inspection, and the price of it raised at Market as the necessary Consequence of burning that which was bad, the Assembly gave the Clergy in that Act a further Levy on their Parishioners of four Pounds in the hundred, to answer the Deductions then thought necessary to be made, between the paying into the Warehouses, and receiving the same out again, which you will find called in the Act Shrinkage, an Article paid by all other Claimers whatsoever from the public, which Act amonigst many others received the Royal Assent, without any particular Application from this Colony. This Act, tho' made so much in Favour of the Clergy it seenms has been by them construed into a disloyal Attack on his Majesty's Prerogative, and the Bishop of London, we are informed, has in a Letter to the Lords of Trade, been pleased to represent it as taking a large Stride that Way, because as he says, the Right of Presentation is by the Act taken from his Majesty, and declared to be in the Vestries, tho' it is certain the Vestries always before the passing of that Act enjoyed that Right, and the Design of the Act plainly appears to be, only to extend the time of Presentation from Six Months, as it is in England, to twelve, and the lengthening the time must appear to be extreemly reasonable, when it is considered that from the Scarcity of Clergymen in this Colony, the Parishes generally remain vacant 'til a Minister can be procured fronm England. The Crop of Tobacco in 1758 was so universally short that Petitions from all Parts of the Country were presented to the Assembly, to desire Relief against the possible Exactions of Creditors both public and private. As this was an Evil justly to be dreaded, the Legislature with every prudent Precaution, made all Debts, Fees, Salaries, &C., payable in Tobacco, at the Option of the Debtor, after the Rate of two pence per pound for transfer Tobacco, provided the same were paid within a certain limitted Time, governed by the most early Expectations of the new Crop. And as the time setiled by Law for the payment of the Clergymen's Salaries was so near at Hand, presuning it consistent with the Principles of commion Justice, that every Individual of the Comnmuniity considered as a Creditor, whose Debts must really have arisen from
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the Expectations of common Crops, ought to Restriction, they made no Exceptioni as to the Act in 1748. This, we are informed, has been represented by the Clergy to the Lords of Trade, as a Deviation from the before mentioned Rule of the Constitution and derogatory to the Royal Authority, tho' we can conceive, that on a fair and thorough Examination of the matter, the contrary will appear, and in the unhappy Circumstances the Country was in at that time, be looked upon rather as an Aid to, than a Deviation from that Act. And we have the greatest Reason to be confirined in that Opinion, as several Acts have heretofore been passed for the same purpose, which have from time to time been regularly transinitted to the Lords of Trade, and by them referred to their Solicitor, which certainly would [not?] have been done, had they appeared to their Lordships in the Light they are now represented. The first of these Acts was passed in the 27th Year of his Majesty's Reign, Chap. 8. intituled "An Act for paying the Minister in the Parish of Frederick in the County of Frederick, and of Augusta in the County of Augusta, and of Hampshire in the County of Hamlipsh' One hundred Pounds annually, instead of the Salaries now allowed" Another passed in the sanme Year Chap. Xo. intit" "An Act for allowing the Inhabitants of the Counties of Halifax, Hampshire and Bedford to discharge their public Dues and Officer's Fees in Money instead of Tobacco." And another passed in the 28th Year of his Majesty's Reign, Chap. I7 (I755) intituled "An Act for enabling the Inhabitants of the Counties of Princess Anne and Norfolk to pay their public Dues in noney." These Acts. tho' apparently passed in Favour of the Ministers of the several Parishes, and at the Prayer of some of thenm, have been lately represented by some of the Clergy to their Lordships. in the same unfavourable Light as the Act in 1748, and the Repeal of themii been obtained by their Solicitations, tho' the Ministers for whose Beniefit they were nmade, will be great Sufferers by such Repeal. Another Act also passed in the 29th year of his Majesty's Reign (I755 Chap. 7) intituled "An Act to enable the Inhabitants of this Colony to discharge their Tobacco Debts in Money
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for this present Year," by which the same Provision was made for paying the public Tobacco Creditors in Money, as in the aforementioned Act in I758 now complained of. The Clergy it seems alledge that the Act in 1758 was made only to serve the Rich, and have couloured over their uncharitable Clamour by saying that the Poor would have been more effectually relieved without the Law, because, that as Clergymen, had they been permitted to receive from the Rich the real Value of their Tobacco, they would have been able to have taken much less than two pence per pounnd from the poor; But as essential as Truth may be to their Order, they have in such an Assertion suffered themselves to forget it. The General Assembly was composed of many public Officers. some Claimers from the public, and many Landlords, whose Fees, Claims and Rents were payable in Tobacco, and many of them of greater Amount than the Salary of a Clergyman. How then can this their Argument be reconciled to Truth? Could not each of these rich Men, as they call them, have demanded of their Debtors in the same exorbitant Proportion, as the Clergy should of them, and had they even consulted their own Interest in the Affair, would not the Ballance,-had there been no regulating Law at all-have been greatly in their favour ? And as all other public Officers, Claimers from the public & Landlords (tho' not of the General Assembly) to say nothing of private Creditors who must generally have contracted their Accounts or Bargains under the Probability of usual Crops) must have had a right to partake in this grand Scheme of Extortion, can it be doubted that the poor alone was the Object of the Legislature's Concern ? But to go a little further with this Argument of theirs: Suppose the Clergy alone on Account of the Royal Assent's being obtained to the Act in 1748, had been exempted, and there was indisputably such a general Piety of Disposition amongst tbem, how could this Charity have been extended ? That Act, at the same time it gives their Salaries, directs the method of levying, collecting, &c., of the same, and to have altered it in one Instance must certainly have been as criminal as in another. In this Case, they could only have contracted with their Collectors at a price for their whole Salaries, and it
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would but in most Cases have removed the Method of Exaction from the Clergy to the Collectors: For it must be observed, that tho' the whole Crop of Tobacco made in the Year 1758, was more than sufficient to pay the Ministers' Salaries and other Parish Creditors, who have the same Right with the Clergy under the Law in I748, yet there were Multitudes who did not make enough to answer that Purpose, and those who did make it, could not be compelled to sell to those who had none, the Consequence of which (if no Provision had been made) must have been, that the Collectors would have made Distress upon the poor unhappy Sufferers, and as their Goods & Effects could not be sold for anything but Tobacco, and as there were so few that had any of that Commodity to purchase with, the Goods and Effects must have been either sold at a very low Rate, or remain in the Hands of the Collectors for want of Purchasers, whereby the Poor would have been great Sufferers, and the Clergy not in the least benefited by it. The whole of this therefore is but a thin Varnish, and leaves too much Room to suspect, from the very nature of murmuring in such Cases, that they themselves rather wanted an Oportunity of feasting as largely as they could on all, both rich and poor. These are the Arguments that may be justly brought to vindicate the Legislature, and confute the Complainants; and as it is impossible but they must have known that things would appear in this Light, when impartially examined into, we cannot but think that the Act complained of, is but the studied Occasion of Contention to effect some other Purpose, still latent. We know not how far the Affair may have been carried, or whether the Matter can again be laid before the Lords of Trade or any other Board for a Rehearing, but we hope at least, you may have an Oportunity of removing any injurious Censure that may have been passed, and put a Stop to all future Representations till the Country can be heard on the several Matters of Complaint; And we doubt not but they will appear to be fully justified in their Proceedings both to their King and Country. As the Country looks upon it as their Duty (since the Act of Assembly complained of by the Clergy hath had its Effect) to support the Execution of it, by protecting the Parishes in the Suits that may be brought against them on the Act in 1748, We
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further direct you to employ proper Persons to defend the Vestries or Collectors against any Proceedings that may be carded to England, in a Suit that is just brouight by one Mr. Camm, the Minister of York-hampton Parish in the County of York, and the Expences attending the same will be remitted to you on the first Notice. We have nothing further to add, but to desire of you if it should not be agreeable to you to engage in this Business as Agent, that you will be so kind as to officiate in Behalf of this Country, 'till we can have Notice of your Refusal to appoint some other Gentleman, and in particular to watch and oppose every Attempt that shall be endeavoured at to repeal this Act for appointing an Agent, as we have Reason to ex.pect some Efforts will be made that Way. You are desired to give the earliest Intelligence of any thing that may come to your Knowledge, relative to, or in any manner affecting the Interest of this Colony, and of all your Proceedings in the Execution of the Trust reposed in you, to this Committee, in order to which it is recommended to you to send your Dispatches by the Packet to New York, from whence they may be safely conveyed hither by the Post, if no better Oportunity should offer; And you are further desired to inclose your Dispatches to the Hon'ble William Nelson, Esq', at York Town in Virginia, by whom they will be communicated to this Committee. Weare Sir, Your nmost humble Servants, Wm. Nelson, Thos. Nelson, Philip Grymes, Richard Bland, Ben. Waller, Ro. C. Nicholas, (TO BE CONTINUED) NOTE. Mr. Camm's suit was caused by the passage of the famous "Two Penny Act," which for a number of years produced so much agitation in Virginia.
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The General Assembly at the September session, 1755, induced by the failure of the tobacco crop, and the needs of the colony, arising from the French and Indian War, passed an act authorizing all debts due in tobacco to be paid either in that commodity, or in money at the rate of eighteen shillings and eight pence per hundred pounds. Though some complainits were made there was no legal opposition to this law. Again, in September, I758, for the same reasons, the law was re-enacted, with a provision that it was to be in force for one year. The act provided that it should be " lawful for any person or persons, from whom any tobacco is due by judgement, for rent, by bond, or upon any contract, or for public, county or parish levies, or for any secretarys', clerks', sheriffs', surveyors' or other officers' fees, or by any other ways or means whatsoever, to pay and satisfy the same in tobacco * * * or in money, at the rate of sixteen shillings and eight pence for every hundred pounds of nett tobacco." (Heninig 7, 240.) As the rate fixedl was two pence per pound, the law became known as " The Two Penny Act." The law was general in its provisions; but resistance and objection came only from the parish ministers. Since as early as I696 the salaries of the clergy had been sixteen thousand pounds of tobacco a year, and this amount had been confirmed in 1748 by an act, which had received the King's assent. Two pence per pound was the normal price of tobacco, but in 1755 and 1758 the crops were very sinall and the price went tul) to six pence. The clergy then demanded that they should have the advantage of the rise in the market. Under the royal instructions no law which had received the King's approbation could be repealed by a colonial assembly unless the repealing law contained a clause suspending its action until the King's pleasure should be known. As such a suspension would have nullified the purpose of the act of 1758, the Virginia Assembly omitted the suspending clause. It was claimed by the clergy that the latter act repealed that of I748, and that the violation of the royal instructions in omitting the suspendinig clause rendered the act of I758 null and void. A heated controversy soon began, the leader on the part of the clergy being Rev. John Camm, minister of York-Hampton
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parish, who was answered by Richard Bland and Landon Carter in behalf of the Assembly. Rev. Andrew Burnaby, an English clergyman, who was in Virginia at the time, while disapproving the conduct of the Assembly, condemned the violence of most of the clergy, and their disrespectful treatment of the Governor, and of their Commissary, Rev. William Robinson, who had urged them to moderate measures. A convention of the clergy was held and Mr. Camm was sent to England as their representative. On August IO, 1759, he obtained an order of the Privy Council declaring the act of 1758 illegal and was told that this order would make the act v'id ab initio. He thereupon returned to Virginia and brought suit in York County Court to recover the full market value of his salary. Losing his case in the County Court he appealed to the General Court, where he met the same fate, the latter court holding that the act of 1758 was in force until the date of the King's veto. The persistent clergyman then appealed to the Privy Council in England, but when his case was heard in 1767, it was dismissed on some technicality. It was a common belief at the time that this was a mere pretext, and that the English government was unwilling, so soon after the repeal of the Stamp Act, to give any Colony further cause for irritation. While Mr. Camm's case was pending various other minister's sued their vestries with small results. The most celebrated of these was the " Parsons' Cause " in Hanover county in December, 1762, when Patrick Henry, as counsel for the defendants, first sprung into public note by the eloquence and boldness with which he stated the rights of the people. The long agitation over the " Two-Penny Act," thus ended practically in the entire defeat of the claims of the clergy. It was of more momentous importance than this, for Mr. Henry (Life of Patrick Henry, I, 46) has well summed up the results when he states that not only did the clergy find that " they had greatly weakened their hold upon the public, and had given a fresh impulse to the spirit of dissent already grown strong in the colony; " but also that " the struggle greatly strained the bond between the King and the colonists, and was the prelude to the combat that snapped that bond asunder." For details of these acts and the connected events, see Henry's
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Life of Patrick Henry, I, 28-48; Campbell's History of Virginia, 507-5I8; Cobb's Rise of Religious Liberty in America, io8-iit; Meade's Old Churches andFamilies of Virginia, I, 2i6-225, and (especially for documents showing the clergy's side of the case) Perry's Papers Relating to the History of the Church in Virginia, 434-448, 458-501, 506-5i9. Rev. John Camm was son of Thomas Cariom, of Hornsea, Yorkshire, England. Born in 17I8, he took his B. A. degree at Trinity College, Cambridge, in 1741-42, and came to Virginia in or before I745, when he was minister of Newport Parish, Isle of Wight county. In 1749 he was appoined professor of divinity in William and Mary College, and was its President from I771 to 1777, when he was removed by the Board of Visitors on account of his sympathy with England. He died in 1779, and has many descendants. For account of John Camm and his family see William and Mary Quarterly, IV, 6I-62, 275-278.
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==Article text, July 1903==
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PROCEEDINGS OF THE VIRGINIA COMMITTEE OF CORRESPONDENCE, I759-'67. From the Originals in the Virginia State Archives. (CONTINUED) [DEFENCE OF THE VIRGINIA PAPER CURRENCY.] [Endorsement.] Instructions to the Agent in Defence of the paper Currency * of Virginia, referred to by the Letter from the Com'ee of Cor- respondence of the I2th Decr, 1759. *There is a discussion of the paper money of the Colony of Virginia in Ripley's Finantcial History of Virginzia, pages 153-i62. The author, in conclusion, says that the record of Virginia's first experience with paper money " was on the whole a creditable one." * * * " But we must remember the distress of the times, and the heroic exertions of the colony during the [French and Indian] war. In view of these facts, the moderation and foresight of her statesmen is in marked contrast with the reckliess financiering of some of the other colonies both north and south. " Richard Bland, in a letter written in I771 (and printed in this Magazine,. VI, 127-134), says that the English merchants, at first bitterly op- posed the issue, but that at the time he was writing they were the warm- est solicitors of the Assembly for that very species of money. He also states that of ?75o,ooo treasury notes which were issued during the war,, it was probable that only the amount of ,?6o,ooo was outstanding.
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We are informed that the Merchants of Great Britain are much alarmed at our Assembly's passing some Acts for emitting large Quantities of Paper Money, which is made a legal Tender for alL Debts (the King's Quit-rents excepted) and they are very appre- hensive that they may be great Sufferers thereby, in collecting their Debts due here. These Apprehensions of the Merchants proceed from a mis- taken Notion of our having a Law in force for paying off sterl- ing Debts in Current Money at 25 # Cent Exchanige. No Loss can arise to the Merch"' from making this paper Money a legal Tender for Sterling Debts as the Law now stands, and they are in a much better Condition & less liable to Losses in collecting their Debts, than if nothing but sterling or lawful Money of Great Britain were held a Tender for such Debts, as by the Act of the 6th of Queen Anne, which they so much rely on to be a good precedent in such Case. If this can be shewn, it is to be hoped the Gent in the Trade will be satisfied that there is no Necessity to sollicit their Menmo- rial so far as to procure an Instruction about this Matter. True it is, that before this War, and when Exche was rarely above 25 e Cent, we had a Law to settle the payment of Judg- ments for Sterling Debts at that Rate, and it was passed to pre- vent Disputes about the Exchange, and as a Direction to the Sherifs in levying Executions on these Judgments. There was likewise a further View; to prevent Creditors from taking an un- reasonable Advantage of the Necessity of the Debtor for his forbearing to execute the Judgenient perhaps io or I5 et Cent above the then Current Exchange which, as it was a kind of Traffick about Bills of Exche did not come under the penalties of our Laws against Usury or at least was hard to be come at, & pun- ished by them. But when at the breaking out of the present War, Exche began to rise, or rather it was forseen that it would do so, and it was found that Injustice would be done to many, especially the Merchants in Great Britain, if that Law remained in force, it was repealed by an Act of the 28th Geo. 2d, intituleci "An Act*to amend an Act intituled An Act declaring the Law concerning Executions, & for the Relief of insolvent Debtors *Hening, VI, 478.
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and for other purposes therein Mentioned." The preamble of which shews its Intention to take care of the Merchants Interest, and the principal enacting Clause is " That in any Action which hath been or shall be commenced, and is or shall be depending for the Recovery of any sterling money, in any Court of Record within this Dominion, wherein the plaintif or plts. shall recover, sdch Court shall have power, and are hereby directed by Rule to be entered at the foot of their Judgment in such Action, to order such Judgment to be discharged or levied in Current Money, at such a Difference of Exchange as they shall think just, any Law usuage or Custom to the contrary thereof in any wise not- withstanding." And what rate of Exche can a Court under the Direction of this Act think just, but that which is current at the time of entering the Judgment, or such a one, that the Merchant may have his whole Debt remitted to him, without those Losses they so much apprehend? If our notable Agent * at the other End of the town had known and stated these things to the Merchants, they would hardly have thought it necessary to present any Memorial about it. And this it was his Duty to have known and done, as he nas an Allowance of ?200 # Annum to negotiate the Affairs of the Country; And these Acts above mentioned are regularly trans- mitted, as he knows, to the Board of Trade, and were remaining in that Office at the very time the Memorial was presented. But it may be thought that the greatest Difficulty is yet to come, Vizt. to obviate the heavy Complaint-and that which seems to carry weight at first View, that the Assembly have passed a a Law, ex post Facto, to declare paper Bills of Credit a good Tender even for sterling Debts contracted before the passing such Law, whereas the Merchants think that nothing less than sterl- ing or lawful money of Great Britain, should be allowed to be a good Tender, agreeable to the Act t of the 6th of Queen Ann especially for such precontracted Debts. This is to be done, and ? James Abercromby, agent for Virginia from January, 1753, to January, 1758, and for the Governor and Council only until 1773. See note Din- widdie Papers, I, 37-38. tThis probably refers to the act of gth Anne, October, 1710, Iening, III, 502.
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at the same time, it is to be shewn, that the Merchants are in a better Condition, and less liable to Losses in receiving their sterl- ing Debts under our Laws, than they would be, if nothinig but sterling or lawful Money of Great Britain were held a Tenider. For this purpose let us suppose that a Merch't in London ob- tains a Judgment here for fioo sterling, the Debtor is obliged by the 6th of Queen Ann, and therefore procures /ioo sterling or lawful Money of Great Britaini, & pays this Debt; Now this Sum being only of equal Value to /125 Curr't Money; and Exch'e beinig now at 35 e C't (and in War ti'me it is rarely lower), the Agent here must in that Case give /ro Curr't Money nmore to purchase a Bill of Exchange to remit this Debt to his principal, which /io is so much real Loss to the Mer- chant; whereas by the Provision of our Law, no such Loss is incurred, but the Creditor hath his whole /I35 decreed to him, with which a Bill is bought and the full Debt remitted. Thus it is hoped the proposition is proved, and that our Leg- islature have conceived just Apprehensions of the Interest of the Merchants, and all other Creditors for Sterling Debts, and have made a proper provision for their Security. But to set this Matter still in a stronger Light: The Merchants in their Memorial quote the provisions in the Act of the 6th of Queen Anne, that even foreign Gold and Silver Coin, nmade current by that Act, was not to be held a legal Tender for ster- ling Debts, nmuch less ought paper Bills of Credit, which are, they say, of a local, uncertain and fluctuating Value. But give us leave to tell them, that if they had no better Dependance than that Act affords for collecting their sterling Debts, they might be great Sufferers indeed; For tho' that Act, when it was made, and for maniy years after was a good provision for them in that Respect (nothing but sterling or lawful British Money being a legal Tender for sterling Debts) inasmuch as the Ex- change then current here was under the Rate settled by that Act, vizt 25 # Cent, or one shilling passed for I s. 3d, but since Exchange hath been higher than that, which is always the case in time of War, a Tenider exactly agreeable to that Act, would occasion a Loss to the Merchants of so much as 25 If cent falls short of the highest Exchange, viz' IO, I5 or perhaps 20 7 cent.
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Let it be observed, that however contemptibly the Merchants look upon this paper Money, as of a local, uncertain and fluc- tuating Value, yet it is enmitted on such Funds that every one is glad to receive it in any kind of payment, and Exchange is now 1o F Cent lower than it was last War, when we had nothing current but gold and silver Coin, a Circumstance very favourable to the Credit of our paper. And altho' the King's Quit rents as the Merchants rightly observe, are not payable in paper, by that Act, that was done, because his Majesty had by Instruction to the Governor and Officers of his Revenue, directed them to be received only in Sterling, or Gold and Silver Coin at a cer- taini Rate, which Instruction, the Governor durst not contravene by including them in the Act, yet the Receiver General never -refuses paper Money for the Quit rents, because he can readily procure Bills of Exchange for it. [SECRETARY PITT'S LETTER TO THE GOVERNOR OF VIRGINIA.] [Endorsement. ] Copy. Mr. Secretary Pitt's * Letter to the Lieutt Gov" of Virginia of 9 Dec", 1758, referred to by the Come of Correspond- ence in their Letter to the Agent of the 12 Decr, '759. White Hall, gth Decr, 1758. (Triplicate.) Sir,-His Majesty having nothing so much at Heart as to imn- -prove the great and important Advantages gain'd the last Cam- pain,t as well as to repair the Disappointment at Ticonderoga, and by the most vigorous and extensive Efforts to avert, by the Blessing of God on his Arms all Dangers which nlay threaten North America from any future Irruptions of the French; And the King not doubting that all his faithful and brave Subjects there, will chearfully co-operate with and second to the utmost, * William Pitt, appointed Secretary of State of England in '757. t During the summer of 1758 Louisburg and Fort Frontenac were cap- tured from the French and Fort Du Quesne was occupied on November 25, but the news of this last capture had hardly been received in Eng- land when Pitt's letter was written. In July the English forces under Abercromby were defeated before Ticonder
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the large Expence & extraordinary Succours supplied by this Kingdom for their preservation & Defence; And his Majesty considering that the several provinces from Pensylvania inclusive, to the Southward, are well able, with proper Encouragements to furnish a Body of several Thousand Men * to join the King's Forces in those parts for some offensive Operations against the Enemy; And his Ma'ty not judging it expedient to limit the Zeal and Ardour of any of his provinces, by making a Reparti- tion of the Forces to be raised by each respectively for this most important Service. I am commanded to signify to you the King's pleasure that you do forthwith use your utmost Endeavours & Influence with the Council and Assembly of your province, to induice them to raise with all possible Dispatch within your Gov- ernment, at least as large a Body of Men as they did for the last Campaign, and even as nlany more as the Number and Situation of the Inhabitants may allow, and forming the same into Regi- ments as far as shall be found convenient. That you do direct them to hold themselves in Readiness, as early as may be, to march to the Rendezvous at such place or places as may be named for that purpose by the Commander in Chief of his Majesty's Forces in America, or by the Officer who shall be appointed to command the King's Forces in those parts in order to proceed * During the French and Indian war Virginiia kept constantly in service one, and sometimes two regiments of colonial regulars, in addition to companies of rangers, and to large bodies of militia which were fre- quently called out. Lists of some of the militia may be found in Hening, VII, 21-25, 179- 231, VIII, 126--133. In the same work, VII, 493, is a list of the officers. of Byrd's regiment as they stood at the time it was disbanded in 1763. In the Virginia Magazine of History and Biography, I, 378-390; II, 37- 49, 143-153, are rosters of various Virginia companies from the " Wash- ington Papers " in the State Department, Washingtpn. There is in the Virginia State Land Office a large number of certificates filed with appli- cations for land bounty under the royal proclamation of 1763. These cer- tificates have recently been copied for this Society and have been bound in two large indexed volumes, comprising 587 pages. Among the names. are those of about 128 officers and 6r5 privates and non-commissioned officers. It is evident that a large number of certificates are missing or that many.privates did not apply for land. There are also in the Land Office three books containing lists of grantees of land under the Proclamation of 1763.
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from thence, in Conjunction with a Body of his Ma'ty's British Forces, and under the supreme Command of the Officer to be appointed as above, so as to be in a Situation to begin by the first of May, if possible, or as soon after as shall be any way practicable, such offensive Operatious as shall be judged by the Commander of his Majesty's Forces in those parts most expe- dient for annoying the Enemy, and most efficatious towards re- moving and repelling the Dangers that threaten the Frontiers of any of the Southern Colonies on the Continent of America. And the better to facilitate this important Service, the King is pleased to leave it to you to issue Commissions to such Gent of your Province, as you shall judge from their Weight and Credit with the people & their Zeal for the public Service may be best disposed & enabled to quicken and effectuate the speedy levying of the greatest number of Men, in the Disposition of which Com- missions I am persuaded you will have nothing in View but the Good of the King's Service, and a due Subordination of the whole, when joined to his Majesty's Commander. And all Offi- cers of the provincial Forces, as high as Colonels inclusive, are to have Rank according to their several respective Commissions agreeable to the Regulations contained in his Majesty's Warrant of the 30th of December last Year. The King is further pleased to furnish all the Men so raised as above with Arms, Ammunition and Tents, as well as to order provisions to be issued to the same, in the same proportion and manner as is done to the rest of the King's Forces; And a suffi- cient Train of Artillery will also be provided at his Majesty's Ex- pence, for the Operations of the Campaign. The whole there- fore that thre King expects and requires from the several provinces is, the levying cloathing and pay of the Men; And on these Heads also that no Encouragement may be wanting to the fullest Exertion of your Force; his Majesty is further most graciously pleased to permit me to acquaint you that strong Recommenda- tions will be made to parliament in their Session next Year to grant a proper Compensation for such Expences as above, ac- cordingly as the active Vigour & strenuous Efforts of the respec- tive provinces shall justly appear to merit. It is his Majesty's pleasure that you do, with patticular Dili- gence, imnmediately collect and put into the best condition all
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the Arms issued last campaign, which can be any ways rendered serviceable, or that can be found within your Government, in ordet that the same may be employed as far as they will go in this Exigency. I am at the same time to acquaint you, that a reasonable Sup- ply of Arms will be sent fronm England, to replace such as may have been lost, or have become unfit for future service. I am further to inform you, that similar Orders are sent by thiis Conveyance, to Pensylvania, Maryland, North Carolinaand South Carolina. The Northern Governments are also directed to raise Men in the same Manner. to be employed in such offen- sive Operations as the Circumstances and Situation of the En- emy's Possessions in those parts may point out, which it is hoped will oblidge them so to divide their Attention and Forces, as will render the several Attempts more easy & suc- cessful. It is unnecessary to add anything to animate your Zeal in the execution of his Majesty's Orders on this great Occasion, where the future Safety and Wellfare of America, and of your own province in particular, are at stake, and the King doubts not fromn your knowni Fidelity and Attachment, that you will employ yourself with the utmost Application and Dispatch in this urgent and decisive Crisis. I am, Sir, Your most obedt h'ble Serv', W: PITT. Lieut. GoVr of Virginia. [SECRETARY PITT'S LETTER TO THE GOVERNOR OF VIRGINIA.] [Endorsement.] Copy. Mr. Secretary Pitt's Letterof 29th Decr, I758, to the GovT of Virginia-referred to by the Comee of Correspond?e in their Letter to the Agent of Decr I2, 1759. (Duplicate.) Whitehall, 29th Decr. I758. Sir,-In transmitting to you the inclosed Triplicate of my Letter of the gth Instant, I have the King's particular Com- niands to renew and enforce in the strongest Manner the Neces-
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sity of a punctual Compliance with the Orders therein contained, and you will accordingly urge in the most expressive Terms to the Council and Assembly of your Colony, the Importance of their exerting themselves in the present critical and decisive Moment, in whlich their own Interests and Security are so nearly concerned, that it would seem superfluous to add the further Motives of their Duty to the King and of the Gratitude they owe to this Country, for the very Expence and Succours sup- plied for their immediate Defence, & for the future Safety of all their Rights and Possessions in America; and the levying the Meni to be furnished by the several provinices without any delay, and in such time that they may not fail to be at the Rendezvous that shall be appointed for them, so as to be ready to commence the Operations by the ist of May. is so essential, as well for pre- venting the extraordinary Efforts which it is supposed the Enemy is preparing to make to stop the future Progress of his Majesty's Arms in America, as for pushing with Success the ensuing Cam- paign, that it is the King's pleasure that you do employ the utmiost Diligence and every means in your power to forward and expedite this Service in the most effectual manner, and to avoid any Disappointment happening from the slowness of the Levies, or from the men, who shall be raised, not proceeding in due time to the Rendezvous. With Regard to the expences incurred by your Colony, for the last Campaign, I am further to acquaint you, that as soon as the Agents of the respective provinces, duly authorized, shall produce the necessary Documents, the same will, without Delay, be recommended to parliament for a reasonable compensation, agreeble to the gracious Assurances which the King was pleased to allow me to give in my Letter of the 30th of December last Year. I am, Sir, Your most obedient humble Servant, W. PITT. Lieutt GoVr of Virginia.
This content
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[Endorsement.] October 7, I 760. Proceedings Council. AT A COMITTEE OF CORRESPONDENCE HELD AT THE CAPITOL, OCTOBER 7, 1760. Present: The hon'ble W. Nelson, T. Nelson & Ph. Gryrnes, Esq"r, J. Robinson, P. Randolph, Chas. Carter, Mr. Waller, Mr. Wythe, Mr. Bland, & R. C. Nicholas, Esqrs. Mr. Nelson communicated to the Committee two Letters lately come to his Hands from Mr. Montague the Agent, which were read, as wasalsoa Copy of Sir Matthew Lamnb's Opinion on the Act for appointing an Agent, which is niention'd in Mr. Monta- gue's Letters. On Consideration whereof it is the opinion of the Comittee that Mr. Nelson be desired to lay the said Letters before the Council in order to obtain the Opinion & further Directions of the General Assembly (now sitting) thereon. The Comittee taking into Consideration that the Letters from the Agent by means of their being directed ptublicly to this Com. mav possibly excite the Curiosity of People into whose Hands they may casually fall in their Passage hither, and so be opened and suppressed or detained, are of opinion and do ac- cordingly direct that in the next Letter to be sent from this Com. to the Agent he be desired to address his future Letters to Mr. Nelson alone, without the Addition of his being one of the Members of this Com. On the - day of October the Proceedings of this Commnit- tee were laid before the House of Burgesses, pursuant to their Orders, and on the 20th October the House of Burgesses came to the following Resolution, vid-[not given]. AT A COM'E HELD AT THE CAPITOL, NOV'R 3, I760. Present: The hon'ble W. Nelson, T. Nelson, Pet Randolph, Esq"r, Jno. Robinson, P. Randolph, B. Waller, Richard Bland,. Esq The sev' Lr from the Agent to this Comee were again read. Resolved that P. Randolph, Esqr, Mr. Atto & Mr. Bland be appointed a Com. to prepare a Lr to Mr. Montague, in wlich they are to inform him of the Rect of his Letters, & that ye Com
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are well satisfied with his Conduct hitherto; that he must hence- forward look upon himself as Agent for this Colony to all In- tents and purposes, & not suffer any other person to interfere with him in ye Execution of his Office; that they notify to him that the Gen' Assembly have passed an Act to explain & amend the Act for appointg him to his office agreeable to Sr Mattw Lamb's opinion laid before ye Lds of Trade, &c. Also, that they inform him of two other Acts passed the last Session-viz: Supply Bill & ye Act for appointing Receivers of the Money granted by Parliamt, &c., &c. That they give him an Account of thie sev' sums of money granted by this Colony during the Course of the War from the Beginning to this time. That they also inform him of the Address & Representation to his Mat' agreed upon by the Council & H. of Burgesses, and desire him to present ye same in the most proper manner-& that in pur- suance of those Acts Bills of Exchane are drawn upon Mr. Aber- crombie by the persons thereby directed, & that if any Difficulty shd attend the procuring paymt of those Bills he use his utmost Endeavours to remove them, and also furnish him with Reasons & Arguments for supporting them effectually & that they advise him to have Recourse to the sev' Acts of Assembly therein par- ticularly mentioned. That he be likewise told the Govr has ac- quainted this Com. that he has wrote to him to desire his Assis0e to wipe off any Odium he may be under or any Asper- sion thrown on him for giving his Assent to the sevl Acts of Ass: of this Colony lately repealed by his Majesty, & that this Com. desire he will to his utmost assist his Honr therein. Ordd, That the Clerk prepare another Copy of the former letter & Instructions & other Papers sent Home therewith; Also 3 Copies of the three Acts above mentioned properly authenti- cated under the Seal of the Colony, and as many Copies of the Address & Representation to his Majesty. AT A COM'E HELD THE 6 NOV'R, 1760. Pres: The hon'ble W. Nelson, T. Nelson, P. Grymes & Pet. Randolph, Esqru, J. Robinson, B. Waller, G. Wythe & R. C. Nicholas. The Com. appointed presented a Letter they had prepared
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for the Agent agreeable to the sev' Resolutions of the last Comee which, with some Anmendments now made, was agreed to. Ordd, That the same be fairly transcribed immediately, and that two other farir Copies be also prepared with all Dispatch, to be sent home by 3 sev' diff' Ships. Ordd, That the C'lk prepare a fourth Copy of the first Lr and Instructions & the sev' Papers therein ment4 & refP to, to be senit home by the first Ships, the Comi. being inform'd that ye two first already sent are taken. The L this day agreed to is as follows: [LETTER TO THE AGENT.] [Endorsement.] Second Letter to the Agent, Nov. sth, 1760. Wm5burg, Nov. 5th, I760. Sir,-Yours of the first and twentieth of May & nineteenth of July have been receiv'd by the ComLL & laid before the Gen- eral Assembly. Your Readiness in accepting the Agency, we are to acquaint you, gave them no small Pleasure, as they have ye imost sanguine Expectations that great Advantages will be derived to this Colony, from your Weight & Influence. Your asserting your Right as Agent, particularly in the Affair relating to the Money voted by Parliament, was highly approved of. And we were no less pleased with your immediate Resolution to give up your Claim to any Advantage arising from the Rec't of that Money, as soon as you thought any Delay in the remitting it might possibly be a Prejudice to this Colony. Prom this step, we are persuaded, that you will on every occasion prefer the Good of the People you represent to any private views. We think you judged very right in refusing to sign the Papers offer'd to you by Mr. Abercrombie, as you are by no Means to look on him as Agent for Virginia, but to consider yourself as such to all Intents & Purposes, & not to sufler any other Person to interfere with you in the Execution of your office. However, it is not our Intention to restrain you from joining Mr. Aber- crombie, or aniy other Gent. in any Sollicitation that may prob- ably be for the Benefit of this Colony. The Governor* having inform'd the Comee that he has wrote * Francis Fauquier, Governor of Virginia, June, 1758-March, 1768.
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to you, desiring you to join Mr. Abercrombie in removing any ill Impressions the Ministry may have of him, on his giving his Assent to several Laws, which have been judged to be contrary to his Majesty's Instructions, & consequently repeal'd by his Royal Proclamation, we earnestly recommend it to you to con- tribute every thing in your Power to wipe off any Odium he may be under, or any Aspersion thrown on him for passing those Acts. We are the more pressing on this Occasion from the great Esteem we have for that Gent, who in every Instance, of his Administration, has demonstrated his Dutv to his Majesty, and his Affection to the People under his Government. Altho' we must confess that the Governor, in passing those Acts, did not strictly adhere to his Instructions, yet he had no Reasoni to be apprehensive of incurring his Majesty's Displeasure, as former Governors had pass'd several Acts of the same Nature, which hadl never been complain'd of. The General Assembly at the last Session pass'ci an Act* for explaining and anmending an Act for appointing an Agent, which, we flatter ourselves, will remove Sr. Matthew Lamb's Objection. For, we must acquaint you, that it was never the Design of that Act to deprive any Branch of the Legislature of a concurrent Power in the Appointment, or Deprivation of an Agent, nor cou'd we conceive that it wou'd ever be taken in that sense. The Assembly at the same Session pass'd two other Acts,t the one for recruiting & further continuing the old Regiment in the Service of this Colony, and for other Purposes therein men - tioned, the other for appointing Persons to receive the Money granted or to be granted by the Parliament of Great Britaini to his Majesty for the use of this Colony. By a Clause in the former of these Acts the Governor, President & Speaker are authoriz'd to draw Bills of Exchange on James Abercrombie, Esq., to the Amotunt of twenty thousand Pounds Virginia Cur- rency. And by the other Act, the said Governor, President & Speaker are authoriz'd & empower'd to draw Bills of Exchange * Hening, V1I, 375. t Hlening, Vii, 369 and 372. The latter act recites that /52,814.19 had been allotted to Virginia out of the amounit voted by Parliament in 1757 and 1758 for the relief of the American colonies.
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on the sd. James Abercrombie for the Ballance remaining in his Hanids of the several Sums of 632,260. i9 and /20,546 alloted by his Majesty for this Colony. And by the sd. Act you are authoriz'd, directed & empower'd to receive all such other Sum or Sums of Money as already have been or hereafter may be granted by the Parliament of Great Britain to his Majesty for the Use of this Colony, and as you advise us that Mr. Abercrombie has put in his Claim for our Proportion of the last Sum granted to the Americani Colonies, we desire that you will demand any Money he inay have received on that Acct of him; you'll please to inform yourself what Comissions are allowed to the Agents of the other Colonies & advise us thereof that we may be satis- fied Mr. Abercrombie has not imposed on us in his Charge. Copies of the said Acts will be transmitted to you, and in Pur- suance of the two last mention'd Acts, the Governor, President & Speaker have drawn several Bills. We can scarce think that Mr. Abercrombie will not pay due Honor to them as the Method pursued was pointed out by him. But if he shou'd not, you will be particularly attentive to remove his Objections. The Gen' Assembly being under the greatest Concern to find that their Conduct had been misrepresented, & that they had been accus'd of attempting, in many Instances to infringe the establish'd Rules of Government, & to violate the Royal Pre- rogative* have drawn up an Address and Representation to his Majesty, setting forth the Proceedings of the Legislature, by which they hope their Conduct will appear in a more favourable Light. Copies of the Address & Representation by the Direc- tions of the Gen' Assembly are herewith inclos'd, and you are desir'd to present them in the most proper Manner. We refer you to the Reasons in the Representation for the passing the several Acts therein mention'd, which we conceive will be suffi- cient to acquit the Legislature of any sinister or disloyal Inten- tions. But as the Matters contain'd in the latter Part of the Representation are of the greatest Importance to this Colony, & the very being of the Constitution depending thereon, it may be necessary to add some further Observations and Reasons to * This refers to the " Two-Penny Act," regarding the payment of to- bacco debts in money. See April number of this Magazine.
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those contained therein. The Instructions to the Governor of this Colony were given by King Charles the second soon after the Restoration, & have had little Alteration since. By the i6th Article of those Instructions the Governor is directed to pass no Act of a less Continuance than two Years, & no Act repeal- ing or amending any other Act, whether the same has or has not receiv'd his Majesty's Assent, unless a Clause be inserted suspending the Execution thereof until his Royal Pleasure shall be known. So far as relates to the passing Acts for repealing or amending any Act assented to by his Majesty, the Assembly have always paid a due Obedience to his Instructions, but the Instruction relating to the repealing or amending Laws, which never have had his Majesty's Assent, or have been made for a shorter Term than two Years, has never been attended to. And as a proof that this Instruction has not always been enforced even by the Ministry, the General Assembly revis'd our Laws in 1748, when many of them were both alter'd & repeal'd. The Ministry at that Time were so far from disapproving their Con- duct, that they recommended it to the other Colonies to imi- tate their Example. By a Recourse to the Laws, you'll find that the Assemblies have exercis'd this Power ever since the Date of the Instructions so much relied on. And we are per- suaded that this Instruction wou'd not at this Time have been enforced, had it not been for the Clamour of a few dissatisfied Clergy, who preferring their own Interest to every other Con- sideration, have not hesitated by their cunning & artful Insinu- ations, & by their false & scandalous Representations to blacken the Character of the Legislature of this Colony. Upon this factious Complaint of the Clergy his Majesty has been pleas'd to send an Additional Instruction to enforce that old Instruction, which has been so long consider'd as obsolete, By which the Governor, who is on every Occasion desirous of promoting the Interest & Happiness of this Colony, thinks himself restrain'd from passing any Act contrary to the Letter thereof. And it is apparent that if he shou'd adhere thereto, the Privilege of mak- ing Laws, which all his Majesty's Colonies have, & ought to enjoy, will be abridg'd, & in a great Measure abolish'd. For all Countries are liable to such Changes & Accidents, as require the immediate Interposition of the Legislature, And no less t
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an infallible Power can form Laws so perfect that they may not afterwards stand in Need of Alterations or Amendments. You can easily suggest the many Inconveniencies we must necessa- rily labour under, by being oblig'd to suspend the Execution of any Act, let ye emergenicy be ever so great, till his Majesty's Pleasure can be known. It is well known, that we have been in a state of War ever since the Year I753; that we have been under a Necessity to make annual Provision for our Troops, and to guard against the various & unforseen Events which ml]ust happen at such a Time; That an Aninual Provision must be made to prevent Mutiny & Desertion, neither of which can be done if we are restrain'd by Instructions from passing such oc- casional Laws. And it is remiarkable that one of Sr. M. L's Objections to the Act for appointing an Agent is to its Continu- ance for 7 Y'rs, & he recommends the passing an Act for this ppurpose from yr to Year, at the very time that his Mat'y is en- forcing the Instruction above mentioned. In the Year 1705 An Act* pass'd for paying the Burgesses one hundred & thirty Pounds of Tob? & Cash e Day for their Wages. At that Time this was equal to ten shillings # Day, but Tobo having since greatly advanc'd in Price the Burgesses have scarce ever fail'd to pass an Act for paying their Wages in Money at ten shillings ' Day in Lieu of Tob?. This was (lone for the Ease of the People & may convince anv impartial Person that the Burgesses have not always acted upon self'interested Principles. This late Instruction restrains the Assembly from giving up even their own Rights. Having furnish'd you with every Argument that occurs to tus otn this Occasion, except such as are already made use of in the Representation, we have only to desire you to use your utmliost Endeavours either to have this Instruction counternmandedi or alter'd in such a Manner that it mav not so sensibly affect the Interest & Liberty of the People of this Colony. You are also to take every Method of justifying the Conduct -of the Gen' Assembly in passitng those Laws so imiuch complain'd of by the Clergy, & repealed by his Majesty's Proclamation. From the- Reasonableness of our Request we cannot doubt of your success. *Henitng, IIJ, 244.
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Any Expence attending these Sollicitations will be repaid you. We are, &c. P. S. You'll please to address your future L'rs for the Com'ee to ye hon'ble Wm Nelson, Esqr, alone, & without the Addition of his being a member of this Come. This is thought a neces- sary Caution to secure 'em from ye Inspection of such as might be curious enough to open them. [Endorsement.] PROCEEDINGS OF THE COM'E, MAY 4, 176I. At a Committee held at the Capitol, MaY 4, 176I. Present: The hon'ble William Nelson, Thomas Nelson, Philip Grymes & Peter Randolph, Esqrs; Peyton Randolph, Benjamin Waller, George Wythe & Robt. Carter Nicholas, Esqrs. Mr. Nelson informed the Board that he had convened them to consider of several Matters lately occurred, which he thought required the Care & Attention of the Agent in Gt Britain, vizt.: The Case of Thornton & als vs. Buchanan, & Hamilton, late of London, Bankrupts, & their Assignees & Factors here, in which a Decree passed this prest G' Ct in favr of the Plts. from which the Deft's had pray'd an App' to the King in his privy Council. That this Decree being founded on an Act* of Ass. of this Colony, made in 1744-to wit: "An Act for the Relief of certain Creditors," which is a very beneficial Law to the Subject here, it might be necessary for the Agent to assist in the Debate in England in order to support that Law. Anor thing he proposed to ye Considn of the Board, was an Expression in Mr. Secretary Pitt's last letter to his Honr the- Govr, which he had laid before the Ass., in which the Colony is accused of being remiss in their Duty to his Majesty in not rais- ing a suffi' Number of Men for the Campain in 1760, which point he thought it necessary shd be clear'd up in England. The last point Mr. Nelsoni desired Opinion of the Com'ee in, was the public Complaint of the People for the wt of a Man of War to protect our Coast. * Heoing, V, 244.
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On mature Consid0 of these sev' Matters the Committee were of Opinion that the Agent ought to receive Instructions therein & be desired to. Mr. Nelson then presented to the Board a letter which he had previously prepared for the Purposes above mentioned, & the same being read, was with some Amendments approved of, & thereupon it was Ord', that sd Lr be fairly transcribed & that the Cl'k procure authenticated Copies of the sev' Papers referred to by the sd Letter to be transmitted therewith. The Letter is as follows: [LETTER TO THE AGENT.] (Endorsement.) 3d Letter to the Agent, May 4, 176I. Virginia, April 30, I761. Edward Montague, Esqr. Sir,-By the Receipt of our last Dispatches to you by Capt Perry, Via Bristol, you will have seen how very unfortunate we have been, in having the first and second Copies taken by the Enemy. When you received the third, you would have full Instructions in every Matter that it was then necessary to trouble you with, relative to this Colony, Since which some things have occurred which we think require your Care and Attention. There hath passed in this present General Court a Decree in Chancery in Favour of John Thornton and others (the Title is inclosed) against the Assignees of the Estate and Effects of George Buchanan & William Hamilton late of the City of Lon- don Bankrupts, for a very conisiderable Sum, near ?5,ooo sterl- ing, from which Decree the Defend" have prayed an Appeal to his Majesty in his Privy Council; And as this Decree is founded on an Act of our General Assembly, that is extreemly beneficial to the Colony, it is of the utmost Consequence that you use all possible Means to procure an Affirmance of the Decree, & sup- port the Validity of the Act. It is intituled "An Act for the Re- lief of certain Creditors passed Anno i8th of George the second: And that you may be fully acquainted with the Nature of the
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Dispute, it may not be improper to give you a short History of the Act and the Reasons of passing it. About the year I732. the Merchants of Great Britain obtained an Act of Parliament, intit' An Act for the more easy Recovery of Debts in his Majestys Plantations and Colonies in America, which was favourable to them, tho' not to us, as it subjected all our Lands in the Plantations to be taken in Execution and sold as Chattels to satisfy Debts due to Merchants in Great Britain even on simple Contracts, tho' they are not liable for any debt contracted here except by exact accord to the course of ye Common Law. This was thought somewhat hard as the Advantages were not reciprocal, and we had no certain way of recovering our Debts from them, nor could we subject Lands in the plantations belong- ing to merchants residing in Great Britain to the payment of such Debts. To remedy this and to establish one certain regular and uniform method of proceeding in the Recovery of Debts due to the Inhabitants of this Colony from Persons residing out of it, this Act was passed; soon after which, upon a proper Represen- tation of it's Reasonablness and Utility, it obtained the King's Assent, so that now it stands on as good Authority as any Act of the British parliament, and thus confirmed by his Majesty, can't be repealed but by our Assembly with the King's Assent. This is a point that you are to insist upon if it should be disputed. Under this Act we have always attached the Effects of Persons residing out of the Colony, as well as of those of good Credit, as of other dying insolvent, and of Bankrupts. The Assignees in the present Case think that by Virtue of the Statutes concern- ing Bankruptces, they are entitled to all the Effects of a Bank- rupt in Virginia, as well as in Great Britain, in Exclusion of our Rights here, the Unreasonableness and Injustice of which will appear from this Consideration; that the time limited- by the Assignees under a Commission of Bankruptcy for the Creditors to make out their Demands is so short as renders it impossible for us to come in under a Commission & receive any Benefit from it; besides the Effects which the Merchant of Great Britain hath here often gives Credit to his Factor or Agent, who buys large Quantities of robacco, draws his Bills for the payment, and if the Principal happens to break the Bills are protested; And if
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the Assignees prevail in this Case the very Effects here which the planter looked upon as a Security for the payment of the Bills are swept away by them, & he is left to lament the extreem Inequality of the Laws, if they should be so adjudged. You are therefore, Sir, to engage the best Counsel you can to support and defend the Force of this Act, the Expence of which shall be repaid you. You are not to act as a Principal in the Dispute, since the Respondents will send over a Copy of the Decree, and will also employ Counsel to prevent a Reversal. We now inclose you a Copy of the Act, with his late Majesty's Ratification in due Form so that, we repeat it again, no power on Earth can alter the Force of it less than our Assembly with his Majesty's Assent. We have observed in a Letter from Mr. Secretary Pitt to our Lieuten' Governor, which he laid before the General Assembly, he, says that this Colony had been remiss in their Duty to the King, bygrantingsofew MenforthelastCampaign, I76o. This is an Imputation that we expected ouir very liberal Grants for many Years past, even beyond our Abilities, would have secured us from; but we are willing to hope that this Censure of our Conduct arose from Mr. Secretary's forming his Idea of our Number of Men that year from the Returns which General Monckton made to the War Office, in which would appear but little more than 400 Men. But besides these, we had a thousand Men on our Southwestern Frontiers, ready to co-operate with Coll Montgomery against the Cherokees, which were prevenited from acting by the Repulse he met with, and his hasty Retreat in Consequence of it. That you may be able to remove any unfavorable Impressions of us in this Respect, and that you may put in our Claim for a proportion of any Money that was given last, or may be given next Session of Parliament, we now send you authentic Copies of both the Acts,* by which you will see that we have expended * By act passed November, 1759, it was ordered that 400 men of the Virginia regiment should be employed in such manner as the Com- mander-in-chief of his Majesty's forces should direct, and that the re- maining part should be stationed where the Governor of Virginia should appoint (Hening, VII, 331). An act was passed in March, 1760, (Ibid, .317) continuing the Virginia regiment in service, and also providing for retaining in service 3oo men, in addition, who were guarding the fron-
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all that we received of the two first Grants, and we expect there wlll be a large Sum to pay for Deficiences at the End of this Canipain. The last poinit we shall now trouble you upon, is the Com- plaint of the people for Want of a Man of War stationed here to protect our Coasts and Harbours from the Insults of the Enemy's privateers. It is remarkable that the Colony has not for a long Tract of Time been without a Guard Ship or two, "till within these five Years past, we have not had any, except now and then a Ship hath come as Convoy to the Trade, and returned with it, leaving the Coast without any Naval Protection for many Months, and last Summer a small privateer came to the mouth of our most considerable Harbour, cut out a Vessel from the Coast of Guinea of great Value, and carried her off, besides making many other Captures. The natural Way to remedy this, would be by an earnest Application to the Lords of the Admiralty, setting forth the Necessity of some Protection of this Sort, as the Trade is of Consequence and merits some Consideration. You will, there- fore, Sir, use your best Endeavours to prevail with their Lord- ships to order a Ship or Sloop of War, to be always on the Sta- tioin, besides any that may be occasionally appointed as Convoy to the Trade to and from Great Britain. [Endorsement.] PROCEEDINGS OF THE COMMITTEE, I ITH AND 13TH JUNE, 176I, With the 4th L1 inclosed. At a Come held June IIth-, 176I. Present: hon. W. Nelson, T. Nelson, P. Grymes & P. R., Esqrs., Mr. Atto Col. Bland, Mr. Waller, Mr. Wythe & Mr. Nicholas. That Pt of his LT relat'g to an Address of Condol0" complied -with last Sess., The Ass. not sett5 before. tiers. By act of the May session, 1760, (Ibid., 357) 300 men of the Vir- ginia regiment, and an additional force to be enlisted, not exceeding 700, were ordered to the relief of Fort Loudoun, which was threatened by the Cherokees. The acts referred to in the text were, no doubt, two of these.
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The Satisfaction given his Maj'tys Subjects of Virga to hear of his Accessn to the Throne* so much to the Satisfact" of his people. Not to put himself to the Expence of Copies of the Vouchers by w'ch Mr. Dinwiddie passed his Accts. till he hears further from ye Com. That he will endeavour to inforce the Represent" from hence sent him formerly in Regard to the Dispute with the Clergy & the other Matters recommended to him. To be informed it is notorious here that Maryland raised no, Men. That he enforce the Instruct"" given him in the Last Let- ters from hence relative to the Number of Men raised for the last Campain to join Col. Montgomery. And that the Men were under Gen' Amherst's Comm4 & Col. Byrd rec' orders from him. To give him the Opinion of this Com'tee what Articles of Expence in the Execution of his Office will be reimbursed, & what not. That it is the Opinion of the CoMr that a Commissn of IS Y2 Ct will be allow'd him for all Monies he shall receive for the use of this Colony & that he be desired to inform Mr. Abercrombie of this & that it is expected he will re-settle his Accounts agree- able to this Direction, which if he refuses, Mr. Montague must oppose his passg his Acc' in any other Manner at the Treasury. As to Mr. Rowe, it is known whether he is gone home on any particular public Business but that the CoMr look upon his En- quiry into this Matter as an Instance of his Attention to the Interest of this Colony. Not to look upon himself as concern'd in procuring the King's Assent to any private Acts of Assembly, but that it's left to the parties concern'd to emplov whom they please, & that he is at Liberty on Application to solicit any such Acts. Mr. Att?, Mr. Nicholas & Mr. Wythe appointed to prepare the L'. At a Com. held ye 13. The Com. Prest: W. N., T. N., P. G., & R. B., Esq1', Jnv * George III succeeded to the throne on the death of his grandfather in 1760.
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Robinson, Peyton Randolph. G. W., & R. C. N., Gent. Lr read & agreed to & signed by the Members present. LETTER TO THE AGENT. [Endorsement]: 4th L' to the Agent. June 13, 176X. Virginia, June 13th, 176I. Sir,-From your letters of the I5.and igth of Feb. and the 3d and 5th of March, which we have received, we are well pleased to find that your conduct still merits our approbation, and have grounds to hope your attention to your own credit, as well as zeal for the colony's interest, joined with assiduity, patience and perseverance, will render any great share of that influence you disclaim unnecessary to promote the good of your constituents. As Virginia is not inferior to any part of the world in that duty to their present sovereign, which they manifested in every instance to his roial progenitor; so they were not less sensible of that grief which every British heart was afflicted with on the de- mise of his late majesty nor would have been less early in con- gratulating his successor on his accession, but that this ceremony was necessarily delaied 'til the meeting of the general assembly, when an address of the united powers of the legislature was pre- pared which we believe hath been presented. The general testimony that our young monarch is giving daily proofs of his inclinations to add to the glory and felicity of his people will justify our indulging the most delightful prospects of liberty, peace and plenty, and incline us to expect that he will graciously extend his roial and paternal care and protection equally to all his subjects, and redress the grievances of any of them, how remote soever, when properly explained, with his wonted benignity. We need not repeat, and can not add to any thing in our former letters on the subject of the address and representation, and other matters recommended with them to you, not doubting your endeavours to solicit and enforce them effectually, and leav- ing the manner of doing it to your own discretion. If the resolution of the lords of the treasury " to admit no sollicitations from the agents relating to the distribution of the money granted by parliament'" is not unalterable; if they can
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be made acquainted with what we have formerly written on that head; if they knew what is notorious and confessed here, that Maryland did not furnish a single mani for the service in the year 1759, and for seieral years before; and if they were informed that i,ooo of the men levied, subsisted and paid by this colorny last campaign, serving under an officer who received his orders from general Amherst, were intended to have joined his majes- ty's forces under col. Monckton, and would actually have done so, but that they were afterwards, with the general's approbation, directed to assist the forces from South Carolina under col. Montgomery. We say, if these considerations were sufficiently attended to, have we not reason to hope the application of the money would be more justly proportioned to the vigor and strenuous efforts of the " respective provinces ?" When you can procure an audience on the subject of the act of 22 G 2 for settling the titles and bounds of lands, &c., we hope the utility of that salutary law will not be measured by the care and diligence of those who have before sollicited the affairs of this colony. We would not have you put us to an expence for copies of the vouchers of mr. Dinwiddie's account, until we shall have given you further directions, after seeing it. We are obliged to you for the information you have given us concerning the commissions allowed the agents of the other col- onies. We are willing and do agree to allow you what seems to be a reasonable commission, 1 ? per cent. for your trouble in receiving and remitting this colony's proportion of money granted by parliament, and we desire you to inform mr. Aber- crombie of this our resolution, and that we expect he will reduce his charge for that service to the like proportion, or otherwise that we have instructed you to oppose the passing of his account at the treasury. [On the margin is written, "This to be left out. "] We think that gentleman hath not dealt with us as he ought, both in overrating his commission, and in many other articles of disbursements in his account. We should not have objected to reimbursing him his expences in procuring papers, &c., for our use, as we are willing to allow any of yours of that kind. As we do not know that mr. Rowe is charged with any em-
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bassy which can concern this colony, we have nothing more to say in answer to so much of your letter as relates to him than that we regard your precaution as an instance of that vigilance by which we hope all the purposes of any enemies to the tran- quillity and happiness of this country on your side will be de- feated. The sollicitation of the roial assent to any private acts of as- sembly we do not consider as an ex officio business of yours, unless,you have particular directions from us relative to them; but we do not mean to restrain you from doing that office at the request of any parties interested who shall apply to you. Our governor, by a faithful, prudent and steady administra- tion, bath given such universal satisfaction that we think the good of this country concerned in 'preventing any aspersions or ill impressions his conduct may give birth to,' and we be- lieve every well-wisher to it nmost heartily congratulates us on .his being continued in his government. the Treasurer of this Colony to pay you /5?? sterling B Ann. for yor Trouble & Expence in ye Discharge of your Duty in such Office yet, &c. It may not be improper to mention here that tho' the Act for -the appointing an Agent directs (here insert the Words of the Act relative to this point as I have not the Act), yet that it did not mean to subject you to the expences accruing by the procuring of papers & other services of that kind; you will all- waies be reimburs-'d for such, & may charge the country for them in your fuiture Acct. N. B. for fear you should not read my blots I put that part over again to the expences accruing by the procuring of papers & other services of that kind. (TO BE CONTINUED.)
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==See also==
*[[S. Bassett French Biographical Sketch]]
*Other Related Wythepedia Pages

==References==
<references/>

==Further reading==
*E.I. Miller, [https://archive.org/details/jstor-1915067/page/n1/mode/2up "The Virginia Committee of Correspondence,"] ''William & Mary College Quarterly'' 22, no. 1 (July 1913), 1-19.

==External links==
*Read this book in [https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fbooks.google.com%2F&data=05%7C02%7Csnblai%40wm.edu%7C8aa76e76940641dac63008de7309c687%7Cb93cbc3e661d40588693a897b924b8d7%7C0%7C0%7C639074682998650757%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=BA8w%2FCHBiUFVXYaqMYq5S1VlmP6MrL3gF5RwnMwBFQI%3D&reserved=0 Google Books.]

[[Category: Biographies (Articles)]]

Proceedings of the Virginia Committee of Correspondence

2026-02-25T14:36:03Z

Gwsweeney: /* Page 353 */

{{DISPLAYTITLE:"Proceedings of the Virginia Committee of Correspondence, 1759-'67"}}
[[File:VirginiaMagazineOfHistoryAndBiographyApril1903p337.jpg|thumb|right|350px|First page of "[[Media:ProceedingsOfTheVirginiaCommitteeOfCorrespondenceApril1903.pdf|Proceedings of the Virginia Committee of Correspondence, 1759-'67]]," ''Virginia Magazine of History and Biography'' (April 1903), p. 337.]]
Introduction and summary.<ref>Please footnote sources.</ref>

==Article text, April 1902==
===Page 353===

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'''VIRGINIA LEGISLATIVE DOCUMENTS'''
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Many years ago the older papers forming the records of the General Assembly of Virginia were removed from the office of the Keeper of the Rolls, and deposited, or rather, apparently, thrown in a heap, in the garret of the Capitol. They long remained in this p)lace with the dirt accumulating on them, unthought of and unused, except by Mr. W. W. Henry, who obtained from the mass, much material used in his ''Life of Patrick Henry.''

About ten years ago the Legislature placed these records in the custody of the Secretary of the Commonwealth for arrangement and possible publication. They were, accordingly, brought down from the garret, properly arranged in chronological order, and put up in packages; but the removal of the State Library to a new building and a demand for the room in which these records were stored for other use, almost undid the good done by the arrangement. It became necessary to remove them to the new building, where they are packed in such a small space that they are practically inaccessible until again examined and arranged.

This Society has obtained permission to copy and publish them, and the first installment appears below.

These papers consist of petitions, remonstrances, letters, executive communications, rough draughts of bills, &c. There are a few documents of an earlier date than 1774; but the mass of them begin in that year.

[The first two papers in this collection are deeds, dated in 1728, conveying a lot of land for a free school in the town of Norfolk. These were printed in the ''Lower Norfolk Antiquary,'' I, 78-81.]

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'''Proceedings of Virginia Committee of Correspondence,*'''<br />
'''1764.'''<br />
<span style="font-variant: small-caps;">Virginia and the English "Declaratory Act."</span>
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At a Committee of Correspondence held at the Capitol December 19, 1764.
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<span style="font-size: 85%;">&ast;See Note 1, at end.</span>
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Present: The hon'ble John Blair, Wm. Nelson, Thos. Nelson and Peter Randolph, Esqr., John Robinson, Peyton Randolph, Richard Bland, Geo. Wythe, L. Burwell & Dud. Digges, Esqr. Mr. Montague's Letter of the 2ISt July, was read & a Letter ordered to inform him of the proceedings of the present Session of Assembly on the Subject of the Taxes * proposed to be laid on the Colonies by the British Parliament & that copies of the Address to his Majesty & the Memoriais to the House of Parliament be got ready to go with the Letter. And the Comn. immediately proceeded to prepare such a Letter, which was done at the Board, signed by all the members present and is as follows: Virga, Dec., 20th, 1764. Sir, We have rec'd your Letter of the 2ISt of July last, & have only to observe with Respect to the Act * * of * * for regulating the German Coin, that his Hon. Gov. has wrote to ye Lo'ds of Trade oni that Subject, tranismitted to themii an answer to the objection raised agaitnst it, in which he was assisted by some of our members & to which we beg leave to refer you. We are now to inlform you that the Genieral Assembly of this Colony met on the Day we mientioned in our last, and immediately took into consideration the Taxation proposed by the British Parliament on the American Colonies, when your several Letters on that subject and the Votes of the House of Comnmonis which you sent us were laid before themn. The Result of their Deliberation on this important Subject, is an address to the King, and memorials to the two Houses of Parliament, in which the Council and House of Burgesses have unanimously joined and directed us to transmit them to you; and we must desire of you to try every possible method of having them properly presented and use your utmost Influence in supporting them. We are under some apprehensions that you will meet with Difficulty in getting the memorial to the Connmons laid before them, as we have heard of their refusing to receive Petitions from the Colonies in former similar Instances. If this should be now the case we think you should have them *See Note 2, at end.
This
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printed and dispersed over the Nation, or the substance of them at least published in such manner as you may think least liable to objection, that the People of England may be acquainted with the Privileges & Liberties we claim as British Subjects; as their Brethren and the dreadful apprehensions we are under of being deprived of them in the unconstitutional method proposed. We have had so many Proofs of your attention to our Interest that we do not entertain the least Doubt of your doing every thing in your Power to assist us in this very interesting Occasion in which we are persuaded you will be heartily seconded by the Agents for the other American Colonies. We are Sir, Yr. mo. hble. Servt", J. Blair,* W. Nelson,t T. Nelson,: P. Randolph,? J. Robinson,II Pey. Randolph,? R. Bland,* * G. Wythe,t t L. Burwell, t + D. Diggs, Jun. ? Proceedings of Virginia Committee of Correspondence, 1765. THE RESOLUTIONS OF MAY 30, 1765. At a Committee held at the Capital the I4 Day of Septmr, I 765. Present: The hon. John Blair, Wm. Nelson, Thos. Nelson & Robert Carter,' Esqr, Peyton Randolph, Geo. Wythe, Robt. Carter Nicholas,?? Lewis Burwell, and Dudley Diggs, Esqr, *John Blair, of Williamsburg, born j686, died November 5, 177, was a nephew of Rev. James Blair, D). D., the first President of William and Mary College, and entered early into public life. He was member of the House of Burgesses for Williamsburg 1736, I738, 1740; Auditor- General 1732-177 1; member of the Council 1743-177 1, and as President of that body was acting Governor January-June, 1758, and March-October, 1768. He married Mary, daughter of Rev. John Monro, and was father of Justice John Blair, of the U. S. Supreme Court See Wiliam and Mary Quarterly, VII, 134-153; VIII, i-i7; and " Blair, Banister and Braxton Families." t William Nelson, of Yorktown, born 171 1, died November I9, 1772. He was a member of the House of Burgesses for York county 1742, 1744; of the Council 1744-1772, and as President of the
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Mr. Atto; Mr. Wythe, Mr. Nicholas, appd to prepare a Letter to acting Governior from October 15, 1770, to August, 1771. He married Elizabeth, daughter of Nathaniel Burwell, of "Carter's Creek," Gloucester county, and was the father of Thomas Nelson, signer of the Declaration of Independence See R. C M. Page's Page, Nelson, &c., Families, 2d edition. I6o- i66; William and Mary Quarterly, VII, 25-30; Meade's Old Churches and Families of Virginia, 1, 205- 210. 4 Thomas Nelson, of Yorktown, Va. (a brother of William Nelson), was born in 1716 and died in 1782. He was a member of the House of Burgesses for York county 1745-1749, inclusive; of the Council 1749-76, and Secretary of State 1743-76. It appears from the Virginia Gazette (Dixon and Hunter's), of May 6, 1775 that he was then President of the Council. His house at Yorktown was for a time Cornwallis' headquarters; btut was destroyed by the bomnbardment. " Secretary Nelson," as he was usually called, was at Yorktown when the siege commenced; but on October 8th, came out to the Americani lines under a flag of truce. A contemporary writer says that he spoke cheerftully to the officers who gathered arotitnd him, and encouraged them by his description of the great damage the shells were doing in the town. He married Lucy Armistead. . Peter Randolph, of " Chatsworth," Henrico county, born 1713, died July 8, 1767; was appointed to the Council in 1751. and was Surveyor General of the Customs for the Middle District of North America. He was probably not in favor of any radical measures iii opposition to England, as Jefferson says that the morning after Henry's resolutions-the first five-were adopted in 1765, he saw Colonel Peter Randolph sitting at the clerk's table examining the journals to find a precedent for expunging a vote of the House. His will is published in Water's Gleanings. He married Lucy, daughter of Robert Bolling, of Prince George county, and was the father of Beverley Randolph, Governor of Virginia. IIJohn Robinson, of " Mt. Pleasant," King and Qtueen county, was born in Virginia, and died in May, 1766. He was a member of the House of Burgesses for King and Queen county 1736-1766, and Speaker of the House and Treasurer of Virginia 1738-1766. The Virginia Gazette for May i6, 1766, contains the following: "On Sunday last died John Robinson, Esq., a member of the General Assembly for the county of King and Queen. He had been almost thirty years Speaker of the Burgesses, every one allowing to his indisputable merit, not the second, but the first place in that House; which post he filled with sufficient ability, and equal dignity: So that the public is deprived of a most uiseful servant. And the matny amiable virtues which adorned his private
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the agent to acknow: Rec' of his sev" Letters of i9th Novr, I764, station, whilst they consecrate his memory among his friends, dependants, and acquaintance, mark his death as a calamity to be lamented by the unfortunate anid indigent who were wont to be relieved and cherished by his humanity and liberality." His natural abilities, and genial temper, united to the two offices he held, made him long onie of the most influential nmen in Virginia. This easy and generous disposition caused him to be a careless guardian of the public funds, and at his death he was found to be a defaulter for about ,?roo,oou. Much of this was on account of moniey he had loaned to friends. Ultimately the whole was repaid from his great estate. He married (1), Story; (II), Lucy, daughter of Augustine Moore, of "Chelsea;" (II), Susanna, daughter of Colonel John Chiswell. His onily descendants are through his daughter Susanna, who married Robert Nelson, of "MNlalvern Hill," Henrico county. ? Peyton Randolph, of Williamsburg, born 172I, died September 22, 1775, was member of the House of Burgesses for William and Mary College of Williamsburg from 1748 to 1775, continuously; Attorney- General 1748-1766, and Speaker of the House of Burgesses 1767-1775. He was President of the Convention of March, 1774 and 1775, and that of July in the latter year, but resigned the position in August on account of bad health. Was President of the Continental Congress in 1774 and 1775. He married Elizabeth, sister of Benjamin Harrison, the signler of the Declaration of Inidependence, but had no issue. ** Richard Bland, of "Jordan's," Prince George county, born May 6, 17IO, died October 26, 1776. He was a member of the House of Burgesses 1742-1775, continuously; of the Conventions of March, July and December, 1775, and May, 1776; elected member of the Colonial Committee of Correspondence in 1773; of the Committee of Safety 1775, anld of Congress 1774, and re-elected in 1775. Throughout the events producing the Revolution he was one of the leaders of the colony. He was author of " A Letter to the Clergy on the Two-penny Act" (176o), and " Ani Inquiry into the Rights of the British Coloniies " (1766). He married Ann, daughter of Peter Poythress. t t George Wythe, born 1726, in Elizabeth City county, died June 8, i8o6, in Richmond; was a member of the House of Burgesses for Williamsburg 1754-1755, for William and Mary College 1758-1761, and for Elizabeth City couinty 176 1-1768. He appears at the date last mentioned to have retired for some years from public life, and held no other office until elected to Congress. He was a member of that body in 1775 and 1776, and signed the Declaration of Independence. He was chancellor of the State of Virginia and first professor of law in William and Mary College.
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Feb. 7th and i6th, April 4th, and May Ist, 1765. To apprize See biographical sketch prefixed to B. B. Minor's edition of Wythe's Reports, and William and Mary Quarterly, II, 67-69. I t Lewis Burwell, of " Kingsmill, " James City couinty, member of the House of Burgesses for that county from 1758 to 1775, continuously. He married Frances, daughter of Edwin Thacker, of Middlesex county, and is said to have died in 1784. D Dudley Digges, of York county and Williamsburg, was born 1729, and died June 3, 1790. He was a member of the House of Burgesses for York county 1732-1774; of the Convention of 1775-1776; of the Committee of Correspondence and Safety and of the State Council I 776-1780, &c. He married, first, Martha Armistead; second, Elizabeth, daughter of Ralph Wormeley, of " Rosegill," Middlesex county. 0 Robert Carter, of "Nominy Hall," Westmoreland county, born 1728, died Mlarch 4, 18o4, in Baltimore, Md. He was appointed to the Council in 1758. It is believed that shortly before the Revolution he retired from public life and devoted his time to the management of his estate, and to books anid music. After the war he freed most of his slaves, several hundred in number, and removed to Baltimore. He married Frances, daughter of Hon. Benjamin Tasker of Maryland. In regard to him, see the " Diary of Philip Fithian " (Princeton Uniiersity Press), who was a tutor at Nominy Hall just before the Revolution. 0 0 Robert Carter Nicholas, born 1715, died 1780; was a member of the House of Burgesses 1764-1776, Treasurer 1766-1776, member of the Revolutionary Convention, of the House of Delegates 1777-1779; Appointed Judge of the Court of Chancery, and Judge of the Court of Appeals of Virginia. He married Anne, daughter of Col. Wilson Cary, of " Ceeley's " and " Richneck," and was the fatherof W'ilson Cary Nicholas, Governor of Virginia, anid U. S. Senator, and of George Nicholas, so distinguished in Kentucky. It has been deemed proper to give sketches of the ptublic services of the men who formed the Committee of Correspondence of 1764-'65, because their selection as members of that body by the Council and House of Burgesses, shows that they were considered as among the leading men of the two branches of the Assembly. They were, indeed, types of the men who were at the head of aflairs in Virginia just prior to the Revolutionary movement. They were men devoted alike to England and to the rights of the Colonies, and all of them of good character, liberal education, for the time, and of large estates. Blair was educated in Scotland ; the two Nelsons, it is believed, at WVilliam and Mary, as was Peter Randolph. Robinson was probably educated in England, and Peyton Randolpli studied at William and Mary and the Tem-
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him of a spurious Copy of the Resolves* of the last Sess. of Ass. on hearing of the Stamp act being dispersed abt & printed in the News Papers, & to send him a true copy of the Votes on that occasion properly authenticated, to prevent any ill Impress8 from the Spurious copies. To advise him of the Act for continuing him in office, & to thank him for his care & attento to the Intr of America notwithstanding the fatal stamp. Sept. I9. Letter read and signed by: J. Blair, W. Nelson, T. Nelson, Peyton Randolph, Peter Randolph, G. Wythe, R. C. Nicholas, L. Burwell, D. Diggs, Jun. Resolved, That the first adventurers and Settlers of this his Mlajesty's Colony and Dominion of Virginia, brought with them and transmitted to their posterity and other his Majesty's Subjects since inhabiting in this his Majesty's said Coloniy, all the Liberties, Privileges, Franchises and Immunities that have at any Time been held, enjoyed and possessed by the People of Great Britain.. Resolved, That by two Royal Charters granted by King James the first, the Colonists aforesaid are declared entitled to all Liberties, Privileges and Immunities of Denizens, and Natural Subjects to all Intents ple; Richard Bland, at William and Mary and Edinburgh; Wythe and Nicholas, at William and Mary, as, it is thought, were Burwell and Digges; while Carter was educated in England. William Nelson and Nicholas were noted for their devotion to the church. In character, education and manner of life, these typical Virginians of the first rank during this period, were as different as it was possible for men to be from the ignorant and debauched creatures which it has pleased various so-called historianns and biographers to picture as representatives of Virginia colonial character. After 1765 new men came forward, and most of the members of the Committee of Correspondence, who remained, became more radical in their views, and were foremost in the Revolutionary movement as they had been in the peaceful period preceding it. Peyton Randolph, Blatid, Wythe and Nicholas, will always hold a high place in our history, and Digges and Burwell, though in minor places, played their parts well. * See Note 3, at end.
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and Purposes as if they had been abiding anid born within the Realm of England. Resolved, That the Taxation of the People by themselves or by Persons chosen by themselves to represent them, who can only know what Taxes the people are able to bear, or the easiest Method of raising them, anld must themselves be affected by every Tax laid on the People, is the only Security against a burthensome Taxation, and the distinguishing characteristics of British Freedom, without which the ancient Constitution cannot exist. Resolved, That his Majesty's liege People of this his most antient and loyal Colony, have without Interruption enjoyed the inestimable Right of being governed by such Laws respecting their internal polity and Taxation, as are derived from their own Consent, with the approbation of their Sovereign or his Substitute, and that the same hath never been forfeited or yielded up, but hath been constanitly recogniized by the kings and people of Great Britain.
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==Article text, April 1903==

===Page 337===

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'''PROCEEDINGS OF THE VIRGINIA COMMITTEE<br/>OF CORRESPONDENCE, 1759-'67'''
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From the originals in the Virginia State Archives
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[At the February session, 1759, of the General Assembly of Virginia, Edward Montague, Esq., of the Middle Temple, was appointed the agent for the colony in England, and a committee, termed the Committee of Correspondence, composed of members of the Council and House of Burgesses, was appointed to transact all business with him. The agent was to support before the English government any laws passed in Virginia in regard to which there might be any question of approval, and was generally to represent the interests of the colony in England. Therefore, the correspondence between the committee and the agent must be of value as throwing light on the history of the period. Two letters from the committee, found amnong the Legislative papers, have been published in Vol. IX of this Magazine, pp. 353-360. See same Vol., pp. 355-359 and 364, for a note on the Committee of Correspondence and biographical sketches of its menmbers. Francis Fauquier became governor of Virginia on June 7, 1758, and held the office until his death, on March 3d, 1768.
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Sessions of Assembly were held in September and November, 1758; February and November, 1759; March, May and October, 1760, and March, 176I.] PROCEEDINGS OF THE COM. OF CORRESPONDENCE, MAY 2D, 1759. At a Meeting of the Committee for corresponding with the Agent appointed to sollicit the Affairs of this Colony in Great Britain, held at the Capitol in Williamsburg, May 2d, 1759. Present: The hon'ble William Nelson, Esq', Chairman, the hon'ble Thomas Nelson, Philip Grymes & Peter Randolph, Esq", John Robinson, Peyton Randolph, Robt. Carter Nicholas, and George Wythe, Esq". Resolved, That George Davenport be appointed Clerk of this Committee. Resolved, That a Letter be wrote to Edward Montague, Esq'. the Agent for this Colony, with a Copy of the Act of Assembly appointing him agent: And that a Copy of the Representation formerly sent by the Assembly to Mr. Secretary Pitt, be transmitted to him therewith. Resolved, That Application be made to the Governor for Copies of the several Letters wrote by Mr. Secretary Pitt, in Relation to the Application to be made to Parliament in behalf of this Colony, and that they be sent Home to the Agent to enable him to sollicit for the proportion of Money granted, and to be granted by Parliament, for reimbursing this Colony the Money they have expended. Resolved, That the Agent be instructed to use his Endeavours to get the King's Assent to an Act of Assembly past in the 22d Year of his Majesty's Reign intituled "An Act for settling the Titles and Bounds of Lands, and for preventing unlawful hunting and Ranging." And that the Clerk apply to Mr. Palmer for a Copy of the Reasons that were drawn up in order to be sent home, in Support of the said Act of Assembly. Resolved, That the Agent be instructed not to shew the Act of Assembly for appointing him Agent, before all the Acts passed the last Session of Assembly are transmitted by the Governor to the Board of Trade.
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And as there is some Reason for apprehending Attempts may made for repealing the said Act, that the Agent be directed to use his utmost Endeavours to prevent the same, and be made acquainted with the Reasons of an Agent being appointed by this Colony. Resolved, That the Agent be instructed to use his utmost Endeavours to prevent any additional Duty on Tobacco, and that he be furnished with Reasons for opposing the same. Resolved, That the Agent be instructed to get a Copy of the Account of Mr. Dinwiddie's Disposition of the ?20,000 granted by his Majesty, for the Use of this Colony, which he says he has passed with the Treasury, and that he procure, and send over, Copies of the Vouchers by which the same was passed. Resolved, That the hon'ble William Nelson and Thomas Nelson, Esq-, & John Robinson and Peyton Randolph, Esq", do prepare a Letter to be transmitted to the said Agent, in pursuance of the aforegoing Resolutions. A Copy. GEo. DAVENPORT, Clk. Com. PROCEEDINGS OF THE COM. OF CORRESPONDENCE NOV'R 7,. I759. At a Meeting of the Com. of Correspondence held at the Capital Nov" 7th. 1759. Present: The hon'ble William Nelson, Philip Grymes & Peter Randolph, Esqr6, John Robinson, Peyton Randolph, Charles Carter, Landon Carter & Richd Bland, Esq". It appearing to this Comittee that a Letter hath not yet been sent home to the Agent for this Colony, pursuant to the Resolutions of the former Committees, it is therefore Resolved, That a Letter be prepared to be sent Home to the said Agent. by Mr. Speaker, Mr. Attorney, Mr. Charles Carter, Mr Landon Carter and Mr. Bland, to he laid before this Comnittee at their next meeting. Resolved, That the Gent. appointed to prepare the said Letter be inistructed to inform the said Agent of the Reasons that prev'ailed with the Legislature of this Colony to pass the Act made in the thirty second Year of the Reign of his present Majesty, intituled An Act to enable the Inhabitants of this Colony to dis
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in Money for the ensuing Year. Resolved, That it be a Direction to the Gent. above appointed to prepare the said Letter to the Agent, to omit taking any Notice in the said Letter of the Directions of the former Committee, whereby the said Agent was required not to shew the Act 6f Assemibly of this Colony appointing him to his Office, before all the Acts passed at the last Session of Assembly should be transmitted by the Governor to the Board of Trade; And that they be discharged from furnishing the Agent with Instructions to prevent an additional Duty on Tobacco, as was directed by this Comittee at their fornmer Meeting, it appearing to this Comittee that such a Duty hath already taken place. Ordered, That the Committee be adjourned to Wednesday next at IO o'Clock. A Copy. G. DAVENPORT, Clk. Com. AT A COMMITTEE OF CORRESPONDENCE HELD AT THE CAPITOL NOV'R 14TH, 1759. Present: The hon'ble William Nelson, Thomas Nelson, Philip Grymes & Peter Randolph, Esq'8, John Robinson, Charles Carter, Richard Bland, Landon Carter, George Wythe & R. C. Nicholas, Es;qT'. Mr. Nelson infornmed the Committee that the Revd Mr. John Camm * Minister of the Parish of York hampton hath latelv commenced a Suit at Law against the Collectors of that Parish to recover his Salary in Tobacco, in Opposition to the Act of Ass: made in the xxxiii Year of his Majesty's Reign intituile(i An Act to enable the Inhabitants of this Colony to discharge their public Dues, Officer's Fees & other Tobo Debts in Money for the ensuing Year. He therefore desired the Opinion of the Coni. whether this Matter is not of so public a Nature (whereini the Power of the Legislature of this Colony in making temporary Laws for the public Weal will be called in Question) as to nmerit their particular Attention, and if need be, their Aid & Assistance in contribuLting to the Expences that may accrue in *See note at enid of article.
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defending the said Suit either here [or] in Great Britain, as such Expenses may be to heavy to be borne by that Parish. After Consideration whereof, it. is the Opinion of this Committee, and accordingly Resolved, That this Matter be proposed to the Consideration of the House of Burtgesses, and their Opinion desired there- UPOII. The Commnittee appointed to prepare the Letter to the Agent in pursuance of the Resolutions of the Com. at their last Meeting not having compleated the samie Ordd, That the Com. be adjd to Saturday morning next. SATURDAY NOV'R 17, 1759. Present: The hon'ble W. Nelsoni Thomr Nelson & Ph. Grymnes, Esq"r, Jno. Robinson, Ch' Carter, Rd Bland & R. C. Nicholas, Esq . The Letter to the Agent not being yet finished pursuant to the former Resolute Ordd, That. ye Com. be adjd to Monday morning next. AT A COM. HELD AT THE CAPITOL ON MONDAY I9 NOV'R, 1759. Present: The hon'ble W. Nelson, T. Nelson, P. Grymes & Peter Randolph, Esqr, John Robinson, Rich' Bland, G. Wythe & R. C. Nicholas, Esq"'. The Comn. appointed this day preseinted a Letter they had prepared with Instructions to the Agent agreeable to their foriner ResoluLtions, to which sev' Amendments being proposed & agreed to, Mr. Speaker was desired to reduce the same into form. Ordd, That ye Corn. be adjd till Tomorrow. NoV'R 20TH. Present: As before. Mr. Speaker informing the Com. that he had not suff' time since yesterday to draw up the amendnments proposed to the Letter to the Agent, Ordd, That ye Com. be adjd.till Tomorrow.
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LETTER TQ THE AGENT, DEC., 1759. Williamsburg, Dec" I 2th, 1759. Sir,-The General Assembly of Virginia has by an Act passed the 14th of April, 1759, intituled "An Act for appointing an Agent " a Copy of which is herewith inclosed, been pleased to appoint you the Agent of this Colony, & directed their Treasurer to pay you yearly the Sum of ?50o sterling, in full for your Expenses & Trouble in the Execution of your Duty. The Appointment of such an Officer to represent the Grievances of the People, to justify their Conduct to their Sovereign. to obtain his Approbation & Assent to such Laws as their Rep. resentatives shall think necessary for their Welfare and good Government, to implore his Assistance in the time of Danger and Calanmity, and to protect and explain their Rights & Interest ill Parliament, seem to be the natural Privilege of all Colonies, so far remov'd from their King and Mother Country. Yet the People of this Colony have had the Misfortune allways to be disappointed in . their Endeavours to attain this Right, tho universally claim'd, and enjoy'd by all his Majesty's other Colonies anid have been obliged to depend for these great and important Services on an Agent appointed by the Governor and Council, who for want of the Weight which a national Establishment would have given hinm, the Authority which must necessarily be derived from every Power of the Legislature, the Instructions when and for what Reasons he should interpose, must have beeni very deficient in his Duty, when considered as regarding the whole. Besides sonletimes diflerent Initerests arise ailmongst the different Branches of the Legislature, different Instructions then become necessary; an Agent so appointed is obliged to obey those by whom he is appointed, and by the plainest Consequence in Affairs of the greatest Moment, the Body of the people nmay be left without the Shadow of a Representative. It is to our not having a Representative properly appointed and instructed, that we in a great Measure attribute the passing an Act of Parliament for laying a Duty on our Tobacco, the Staple of this Colony (in the present State of the Tobacco Tr-de, a great Grievance to the people), and the Repeal of several
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Laws, thought to be very saltitary. But these are Misfortunes which can now perhaps be only lamented and not redressed. We being by the same Act apppointed a Committee to correspond with the Agent, must now desire you to take this Office upon you, and that you will take Care allways to he ready to prevent the Repeal of Laws passed by the Legislature, the Reasonis for which, will be from time to time transmitted to you by us; to support any Representations which it may be necessary to make, and for that Purpose will not fail to attend them thro' the several Boards to which they may be referred; To give early Intelligence of anything that may be moved in Parliament, or the Department for American Affairs to this Committee; And in all things relative to this Colony, to use your best Endeavours, according to your Discretion, to protect her Rights and secure her Interest. We must desire you immediately to join in any Solicitations which may be made, for a Grant of a Sum of Money, to reimburse the Colonies, in some measure, for the great Expence they have been at during this War, agreeable to the Promise made by Mr. Secretary Pitt, in his Letters of the gth & 29th of Decenmber, 1758, to the Governor, and by him laid before the Assemiibly, Copies whereof are inclosed. And if any such Grant shall be made, to endeavour to get as large a proportion of the same as the persons appointed to distribute it shall think we deserve; And that you may be able to shew what our Expence has been, we have minuted down the several Sums that have been raised in this Colony, and the Purposes for whlich they were raised in a particular Account * thereof herewith sent, and to which we refer you. Also that youi use your best Endeavours to get the Kinig's Assent to an Act of Assembly passed in the 22d Year of his present Majesty's Reign, intitd "An Act for settling the Titles and Bounds of Lands and for preventing unlawful Hunting and Ranging," which having a suspending Clause, cannot take Effect till this is done. This Act was passed upon the Revisal of all the other Laws of this Colony, and the chief Intention of it was to reduce the sev- * Not found.
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eral Acts relating to the Conveyance, taking up, settling, savinig & cultivating of Lands, into one Act; and also an Act prescribing the method of docking the Intails of Land of no greater Value than /200 sterling, by a Writ, called a Writ of Ad quod Damniuni. To most of the other Acts passed at the same timiie his Majesty was pleased to give his Assent. But this Act was laid by, as we imagine, to be considered, whether his Majesty's Right of granting Land was affected thereby. And as it will appear by the several Amiiendments hereafter mentioned, that nothing of that Sort was intended, or affected by them, we conclude that it is enitirely owing to a want of a proper Application, that his Majesty's Assenit has not, lonig since, been obtained thereto. The several Acts it takes in are as follow: An Act for settling the Titles and Bounds of Land, and for preventing unlawful Shooting & Ranginig thereon. 9 Anne, Cap. 13. An Act to prevent Lanid lapsing from an Infant for not seatinig and planting, or not paying Quit Rents, until three Years after they come of Age. r I Anne, Cap. 4. An Act declarinig what shall be accounited a sufficient Seating, cultivatinig & improving of Lands, already granted, or hereafter to be taken up and patented. 12 Anne, Cap. 13. An Act explaining & further declaring what shall be accounted a sufficient Seating & Improvemenit of to save Lands from lapsing, and for the better Recovery of Lanids lapsed from Persons living out of the Country. 7 Geo. i, Cap. 3. An Act for amending the Act intituled An Act for settling the Titles and Bounds of Lands, and for preventing unlawful Shooting and Ranging thereupon. 8 Geo. 2, Cap. 6. An Act for the better Preservation of the Breed of Deer, & preventing unlawful Hunting. 12 Geo. 2, Cap. 14. An Act for amending the Act intituled An Act for settling the Titles and Bounds of Lands and for preventing unlawfuil Shooting and Ranging thereupon. i8 Geo. 2, Cap. I4. By perusing these Acts, you will find that no Alterations are made by this Act, except in a few Instances. In the Act of the 8 Geo. 2, Cap. 6, which is the Act that
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directs the Method of docking Intails of Land of no greater Value than ?J200 Sterling, these are the Alterations made. i. It directs that the Surveyor of the County where the Land lies, shall survey the Land, in Order to satisfy the Jury, who are sworn pursuant to the Directions of the Writ of Ad quod Damnum, what Land precisely thev are to value. 2. It directs that the Heir shall be summoned, to give him an Oportunity of detecting any Fraud that may be committed on the Execution of this Writ. 3. It confirms the Title of those who had proved their Deeds in the County Court. By the Act of the 8th Geo. 2, Cap 6, the Deeds of Conveyance for the intailed Lands docked under said Act were ordered to be recorded in the General Court. But the Lawyers here were of Opinion, as other Acts gave the County Courts full Jurisdiction to receive the Proof or Acknowledgement of Deeds of Land within their County, that the Purchasers of these intailed Lands might safely prove theit Deeds in those Courts. The Assembly finding that this might occasion many Law-suits, and might possibly defeat the Titles of many fair Purchasers, thought it was agreeable to Justice and Equity to confirm such Titles. This Act of the 8th Geo. 2, was the only Act that had received his Majesty's Assent, anid was the Reason for adding the suspending Clause. The only Alterations made in. any of the other Acts, are in the Act of the 7th Geo. Ist, Chap. 3, by reducing the sum for saving Fifty Acres from Ten pounds to Five, and by limitting the time for bringing Petitions to ten Years, which was not mentioned in either of the above Acts. By our Instruction sent to the Governor of this Colony, the Assembly finds that the Merchants of Great Britain are still dissatisfied with the making Treasury Notes (issued pursuant to the several Acts of Assembly for the Defence of the Colony), a proper Tender for Sterling Debts. Before the Year I748, there was no Law subsisting to direct at what rate of Exchange sterling Debts should be paid. The Consequence of this was that the Sherifs when they levied Money by Execution on Sterling Judgments demanded of the Debtors
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what Exchange they thought proper, to the great Oppression of the people, and without any Advantage to the Person who had ob)tained the Judgm'. The Assembly thought it very proper to put a Stop to such unjust Proceedings, and passed an Act in the Year 1748, 22d Geo. 2, Cap. 12, intituled "An Act declaring the Law concerning Executions and for Relief of insolvent Debtors," by which they directed that all Executions for Sterling Money should be levied at twenty five per Cent., the real Difference of Money, and no more than the Difference of Exchange at the time the Act passed. The Merchants of Great Britain complaining of this Act, and representing that they should be considerable Losers when Exchange should rise above twenty five per Cent., the Assembly took the same into their Consideration, and endeavoured to provide a Remedy which might prevenit any further Murmurs. They considered that as Exchange is a fluctuating thing they could not do Justice to sterling Creditors by fixing the Exchange at any certain Standard. They therefore passed an Act to impower the Courts where JuLdgmnents should be obtained for sterling Money, to settle at the Foot of the Judgment, at wvhat Rate of Exchange the same should be discharged; This will enable the English Merchants to bring their Money Home, without any Loss, let the Exchange rise to what it will, unless the Courts should be guilty of flagrant Injustice by settling the Exchange lower than Bills of Exchange can be purchased for, as it is notoiious they lhave always fixed it at the very highest Rate. One Reason for issuing Treasury Notes was, hecause all the Gold and Silver of the Country had been drawn away by the Armies to the Northward, and it would have been the greatest Grievance that ever People underwent, to make themn receive this Sort of Money for Debts due to them, and not allow them to discharge the Debts due from them in the same, when it was impossible to exchange it for any other; And this as appears from what has been said above is as good as any other to the Merchants in Great Britain. They were under a Necessity of making these Notes or Bills of Exchange a proper Tender for Sterling Debts, and there can be no Doubt that the English Merchants would chuse the former.
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You will, we hope, endeavour to prevent any ill Consequences from these Complaints, and that you may be prepared for that Purpose, we must refer you to the Representation of the Burgesses of Virginia to his Majesty, a Copy whereof is inclosed, anid also to a Paper containing fiurther Reasons on this Subject. You are desired to get a Copy of the Account of Mr. Dinwiddie's Disposition of the /20.000 granted by his Majesty for the use of thic Colony, passed with the Treasury, and to send the same to this Committee with Copies of the Vouchers by which the same was passed. We must refer you to the Representation above-mentioned on this Poinit, by which you will easily discover our Reasons for this Request. Be pleased to take Notice, that this Representation is not to be presented to his Majesty, as it has already been delivered to Mr. Secretary Pitt, and is only intended to instruct yotu in the several Matters now reconmnmended to you. *As we have not seen a certain Remonstrance drawn up by soine Clergymen of this Colony, supported as it is said by the ILord Bishop of London, & presented to the Board of Trade, against an Act of Assembly passed here, intituled " An Act to enable the Inhabitants of this Colony to discharge their public Dues, Officers Fees, and other Tobacco Debts in Money for the ensuing Year," and are unacquainted with any Reports or Determininations that have been made on that, or any other Act of' Assem)bly complained of in that Remonstrance, we cannot give you our Opinion and Instructions so fully on this Head, as we should otherwise chuse. But we persuade ourselves that by stating to you the Reasons that governed in the passing of that Act, you will be sufficiently enabled to remoive the Imputations of Arbytraryness and Disloyalty, which from comon Rumour we collect, have been aimed at in that Remonstrance, to the great Abuse of the Legislature, and Injury of the Country, if it has been in any manner countenanced, as it will be establishing a Precedent for Mal-Contents of every Kind (with which no doubt all Communities abound) to endeavour to weaken one of the principal Instruments of the Civil Power, by private Misrepreseitations of things. * See note at end of artic
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By the Constitutioii which we have hitherto enjoyed, every Act that receives the Consent of the Governor, Council and Burgesses of the (Colony obtains the Force of a Law aimiongst us, until his Majesty shall thinik proper by Proclamation to declare his Disapprobation. And if there are any Acts enideavoured at that iinterfere wich any general or particular Instructioi to the Governior, sLICh (if by a Change of Circumiistanices whiclh are ever fluctuatinig) they are thought benieficial to the Comnmunity, are always eniacted without any Force or Effect as a Law, until his Majesty's Pleasure shall be known, bv a suspendiing Clause in the Act. Further, if his Majesty shall at any timiie think proper to give his Assent to any subsisting Act of Assembly, stuch Act theni obtainis such a Degree of Firminess in the Constitution, as it caninot be altered by anly subsequent Act witlhout tthe concurring Conisent of all the several Branches that conIstituted it. And these Rules of Proceeding have been sacredly observed by the Legislature of this Colony, thro' a dutiful Regard as well to the Royal Autlhority, as to the Preservation of the Constitution. Tobacco is the Staple, and indeed only Coimmodity in the Coutitry, fromii whenlce any tollerable Profit canl arise. To this 'tis to be presumed it is owing, that nmost of our Taxes and Salaries, &c., of a public Nature were made leviable in Tobacco 'till the present War, in which as the immediate Wantof Money made the Emiiission of a paper Currency unavoidable, the Taxes were necessarily laid in Money. that so nmuch of such emitted Paper should aninually be sunk, by repayinlg it into the Treasury fromli whence it was made issuable. The several fees therefore due to the Clerks of the Courts of Justice, and other Officers in this Colony have been fronm long Conitinuance paid in Tobacco. It nmust be observed, that when the Salaries of the Clergy wer-e first settled at I6,ooo lbs. of Tobacco that Commodity was rated at ios. sterling '# hundred, which made their Provision Eighty Pounds sterling per Annunm. In the Year 1748, when the Laws of the Country were revised, the Act which established the Salaries of the Clergy was re-enacted with such Amiendments in their favour, that remioved all Doubts as to their temporal Rights for Want of Iniductioni and indeed greatly added to the Value
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of their Salaries. For as Tobacco was at that time under a public Inspection, and the price of it raised at Market as the necessary Consequence of burning that which was bad, the Assembly gave the Clergy in that Act a further Levy on their Parishioners of four Pounds in the hundred, to answer the Deductions then thought necessary to be made, between the paying into the Warehouses, and receiving the same out again, which you will find called in the Act Shrinkage, an Article paid by all other Claimers whatsoever from the public, which Act amonigst many others received the Royal Assent, without any particular Application from this Colony. This Act, tho' made so much in Favour of the Clergy it seenms has been by them construed into a disloyal Attack on his Majesty's Prerogative, and the Bishop of London, we are informed, has in a Letter to the Lords of Trade, been pleased to represent it as taking a large Stride that Way, because as he says, the Right of Presentation is by the Act taken from his Majesty, and declared to be in the Vestries, tho' it is certain the Vestries always before the passing of that Act enjoyed that Right, and the Design of the Act plainly appears to be, only to extend the time of Presentation from Six Months, as it is in England, to twelve, and the lengthening the time must appear to be extreemly reasonable, when it is considered that from the Scarcity of Clergymen in this Colony, the Parishes generally remain vacant 'til a Minister can be procured fronm England. The Crop of Tobacco in 1758 was so universally short that Petitions from all Parts of the Country were presented to the Assembly, to desire Relief against the possible Exactions of Creditors both public and private. As this was an Evil justly to be dreaded, the Legislature with every prudent Precaution, made all Debts, Fees, Salaries, &C., payable in Tobacco, at the Option of the Debtor, after the Rate of two pence per pound for transfer Tobacco, provided the same were paid within a certain limitted Time, governed by the most early Expectations of the new Crop. And as the time setiled by Law for the payment of the Clergymen's Salaries was so near at Hand, presuning it consistent with the Principles of commion Justice, that every Individual of the Comnmuniity considered as a Creditor, whose Debts must really have arisen from
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the Expectations of common Crops, ought to Restriction, they made no Exceptioni as to the Act in 1748. This, we are informed, has been represented by the Clergy to the Lords of Trade, as a Deviation from the before mentioned Rule of the Constitution and derogatory to the Royal Authority, tho' we can conceive, that on a fair and thorough Examination of the matter, the contrary will appear, and in the unhappy Circumstances the Country was in at that time, be looked upon rather as an Aid to, than a Deviation from that Act. And we have the greatest Reason to be confirined in that Opinion, as several Acts have heretofore been passed for the same purpose, which have from time to time been regularly transinitted to the Lords of Trade, and by them referred to their Solicitor, which certainly would [not?] have been done, had they appeared to their Lordships in the Light they are now represented. The first of these Acts was passed in the 27th Year of his Majesty's Reign, Chap. 8. intituled "An Act for paying the Minister in the Parish of Frederick in the County of Frederick, and of Augusta in the County of Augusta, and of Hampshire in the County of Hamlipsh' One hundred Pounds annually, instead of the Salaries now allowed" Another passed in the sanme Year Chap. Xo. intit" "An Act for allowing the Inhabitants of the Counties of Halifax, Hampshire and Bedford to discharge their public Dues and Officer's Fees in Money instead of Tobacco." And another passed in the 28th Year of his Majesty's Reign, Chap. I7 (I755) intituled "An Act for enabling the Inhabitants of the Counties of Princess Anne and Norfolk to pay their public Dues in noney." These Acts. tho' apparently passed in Favour of the Ministers of the several Parishes, and at the Prayer of some of thenm, have been lately represented by some of the Clergy to their Lordships. in the same unfavourable Light as the Act in 1748, and the Repeal of themii been obtained by their Solicitations, tho' the Ministers for whose Beniefit they were nmade, will be great Sufferers by such Repeal. Another Act also passed in the 29th year of his Majesty's Reign (I755 Chap. 7) intituled "An Act to enable the Inhabitants of this Colony to discharge their Tobacco Debts in Money
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for this present Year," by which the same Provision was made for paying the public Tobacco Creditors in Money, as in the aforementioned Act in I758 now complained of. The Clergy it seems alledge that the Act in 1758 was made only to serve the Rich, and have couloured over their uncharitable Clamour by saying that the Poor would have been more effectually relieved without the Law, because, that as Clergymen, had they been permitted to receive from the Rich the real Value of their Tobacco, they would have been able to have taken much less than two pence per pounnd from the poor; But as essential as Truth may be to their Order, they have in such an Assertion suffered themselves to forget it. The General Assembly was composed of many public Officers. some Claimers from the public, and many Landlords, whose Fees, Claims and Rents were payable in Tobacco, and many of them of greater Amount than the Salary of a Clergyman. How then can this their Argument be reconciled to Truth? Could not each of these rich Men, as they call them, have demanded of their Debtors in the same exorbitant Proportion, as the Clergy should of them, and had they even consulted their own Interest in the Affair, would not the Ballance,-had there been no regulating Law at all-have been greatly in their favour ? And as all other public Officers, Claimers from the public & Landlords (tho' not of the General Assembly) to say nothing of private Creditors who must generally have contracted their Accounts or Bargains under the Probability of usual Crops) must have had a right to partake in this grand Scheme of Extortion, can it be doubted that the poor alone was the Object of the Legislature's Concern ? But to go a little further with this Argument of theirs: Suppose the Clergy alone on Account of the Royal Assent's being obtained to the Act in 1748, had been exempted, and there was indisputably such a general Piety of Disposition amongst tbem, how could this Charity have been extended ? That Act, at the same time it gives their Salaries, directs the method of levying, collecting, &c., of the same, and to have altered it in one Instance must certainly have been as criminal as in another. In this Case, they could only have contracted with their Collectors at a price for their whole Salaries, and it
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would but in most Cases have removed the Method of Exaction from the Clergy to the Collectors: For it must be observed, that tho' the whole Crop of Tobacco made in the Year 1758, was more than sufficient to pay the Ministers' Salaries and other Parish Creditors, who have the same Right with the Clergy under the Law in I748, yet there were Multitudes who did not make enough to answer that Purpose, and those who did make it, could not be compelled to sell to those who had none, the Consequence of which (if no Provision had been made) must have been, that the Collectors would have made Distress upon the poor unhappy Sufferers, and as their Goods & Effects could not be sold for anything but Tobacco, and as there were so few that had any of that Commodity to purchase with, the Goods and Effects must have been either sold at a very low Rate, or remain in the Hands of the Collectors for want of Purchasers, whereby the Poor would have been great Sufferers, and the Clergy not in the least benefited by it. The whole of this therefore is but a thin Varnish, and leaves too much Room to suspect, from the very nature of murmuring in such Cases, that they themselves rather wanted an Oportunity of feasting as largely as they could on all, both rich and poor. These are the Arguments that may be justly brought to vindicate the Legislature, and confute the Complainants; and as it is impossible but they must have known that things would appear in this Light, when impartially examined into, we cannot but think that the Act complained of, is but the studied Occasion of Contention to effect some other Purpose, still latent. We know not how far the Affair may have been carried, or whether the Matter can again be laid before the Lords of Trade or any other Board for a Rehearing, but we hope at least, you may have an Oportunity of removing any injurious Censure that may have been passed, and put a Stop to all future Representations till the Country can be heard on the several Matters of Complaint; And we doubt not but they will appear to be fully justified in their Proceedings both to their King and Country. As the Country looks upon it as their Duty (since the Act of Assembly complained of by the Clergy hath had its Effect) to support the Execution of it, by protecting the Parishes in the Suits that may be brought against them on the Act in 1748, We
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further direct you to employ proper Persons to defend the Vestries or Collectors against any Proceedings that may be carded to England, in a Suit that is just brouight by one Mr. Camm, the Minister of York-hampton Parish in the County of York, and the Expences attending the same will be remitted to you on the first Notice. We have nothing further to add, but to desire of you if it should not be agreeable to you to engage in this Business as Agent, that you will be so kind as to officiate in Behalf of this Country, 'till we can have Notice of your Refusal to appoint some other Gentleman, and in particular to watch and oppose every Attempt that shall be endeavoured at to repeal this Act for appointing an Agent, as we have Reason to ex.pect some Efforts will be made that Way. You are desired to give the earliest Intelligence of any thing that may come to your Knowledge, relative to, or in any manner affecting the Interest of this Colony, and of all your Proceedings in the Execution of the Trust reposed in you, to this Committee, in order to which it is recommended to you to send your Dispatches by the Packet to New York, from whence they may be safely conveyed hither by the Post, if no better Oportunity should offer; And you are further desired to inclose your Dispatches to the Hon'ble William Nelson, Esq', at York Town in Virginia, by whom they will be communicated to this Committee. Weare Sir, Your nmost humble Servants, Wm. Nelson, Thos. Nelson, Philip Grymes, Richard Bland, Ben. Waller, Ro. C. Nicholas, (TO BE CONTINUED) NOTE. Mr. Camm's suit was caused by the passage of the famous "Two Penny Act," which for a number of years produced so much agitation in Virginia.
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The General Assembly at the September session, 1755, induced by the failure of the tobacco crop, and the needs of the colony, arising from the French and Indian War, passed an act authorizing all debts due in tobacco to be paid either in that commodity, or in money at the rate of eighteen shillings and eight pence per hundred pounds. Though some complainits were made there was no legal opposition to this law. Again, in September, I758, for the same reasons, the law was re-enacted, with a provision that it was to be in force for one year. The act provided that it should be " lawful for any person or persons, from whom any tobacco is due by judgement, for rent, by bond, or upon any contract, or for public, county or parish levies, or for any secretarys', clerks', sheriffs', surveyors' or other officers' fees, or by any other ways or means whatsoever, to pay and satisfy the same in tobacco * * * or in money, at the rate of sixteen shillings and eight pence for every hundred pounds of nett tobacco." (Heninig 7, 240.) As the rate fixedl was two pence per pound, the law became known as " The Two Penny Act." The law was general in its provisions; but resistance and objection came only from the parish ministers. Since as early as I696 the salaries of the clergy had been sixteen thousand pounds of tobacco a year, and this amount had been confirmed in 1748 by an act, which had received the King's assent. Two pence per pound was the normal price of tobacco, but in 1755 and 1758 the crops were very sinall and the price went tul) to six pence. The clergy then demanded that they should have the advantage of the rise in the market. Under the royal instructions no law which had received the King's approbation could be repealed by a colonial assembly unless the repealing law contained a clause suspending its action until the King's pleasure should be known. As such a suspension would have nullified the purpose of the act of 1758, the Virginia Assembly omitted the suspending clause. It was claimed by the clergy that the latter act repealed that of I748, and that the violation of the royal instructions in omitting the suspendinig clause rendered the act of I758 null and void. A heated controversy soon began, the leader on the part of the clergy being Rev. John Camm, minister of York-Hampton
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parish, who was answered by Richard Bland and Landon Carter in behalf of the Assembly. Rev. Andrew Burnaby, an English clergyman, who was in Virginia at the time, while disapproving the conduct of the Assembly, condemned the violence of most of the clergy, and their disrespectful treatment of the Governor, and of their Commissary, Rev. William Robinson, who had urged them to moderate measures. A convention of the clergy was held and Mr. Camm was sent to England as their representative. On August IO, 1759, he obtained an order of the Privy Council declaring the act of 1758 illegal and was told that this order would make the act v'id ab initio. He thereupon returned to Virginia and brought suit in York County Court to recover the full market value of his salary. Losing his case in the County Court he appealed to the General Court, where he met the same fate, the latter court holding that the act of 1758 was in force until the date of the King's veto. The persistent clergyman then appealed to the Privy Council in England, but when his case was heard in 1767, it was dismissed on some technicality. It was a common belief at the time that this was a mere pretext, and that the English government was unwilling, so soon after the repeal of the Stamp Act, to give any Colony further cause for irritation. While Mr. Camm's case was pending various other minister's sued their vestries with small results. The most celebrated of these was the " Parsons' Cause " in Hanover county in December, 1762, when Patrick Henry, as counsel for the defendants, first sprung into public note by the eloquence and boldness with which he stated the rights of the people. The long agitation over the " Two-Penny Act," thus ended practically in the entire defeat of the claims of the clergy. It was of more momentous importance than this, for Mr. Henry (Life of Patrick Henry, I, 46) has well summed up the results when he states that not only did the clergy find that " they had greatly weakened their hold upon the public, and had given a fresh impulse to the spirit of dissent already grown strong in the colony; " but also that " the struggle greatly strained the bond between the King and the colonists, and was the prelude to the combat that snapped that bond asunder." For details of these acts and the connected events, see Henry's
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Life of Patrick Henry, I, 28-48; Campbell's History of Virginia, 507-5I8; Cobb's Rise of Religious Liberty in America, io8-iit; Meade's Old Churches andFamilies of Virginia, I, 2i6-225, and (especially for documents showing the clergy's side of the case) Perry's Papers Relating to the History of the Church in Virginia, 434-448, 458-501, 506-5i9. Rev. John Camm was son of Thomas Cariom, of Hornsea, Yorkshire, England. Born in 17I8, he took his B. A. degree at Trinity College, Cambridge, in 1741-42, and came to Virginia in or before I745, when he was minister of Newport Parish, Isle of Wight county. In 1749 he was appoined professor of divinity in William and Mary College, and was its President from I771 to 1777, when he was removed by the Board of Visitors on account of his sympathy with England. He died in 1779, and has many descendants. For account of John Camm and his family see William and Mary Quarterly, IV, 6I-62, 275-278.
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==Article text, July 1903==
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PROCEEDINGS OF THE VIRGINIA COMMITTEE OF CORRESPONDENCE, I759-'67. From the Originals in the Virginia State Archives. (CONTINUED) [DEFENCE OF THE VIRGINIA PAPER CURRENCY.] [Endorsement.] Instructions to the Agent in Defence of the paper Currency * of Virginia, referred to by the Letter from the Com'ee of Cor- respondence of the I2th Decr, 1759. *There is a discussion of the paper money of the Colony of Virginia in Ripley's Finantcial History of Virginzia, pages 153-i62. The author, in conclusion, says that the record of Virginia's first experience with paper money " was on the whole a creditable one." * * * " But we must remember the distress of the times, and the heroic exertions of the colony during the [French and Indian] war. In view of these facts, the moderation and foresight of her statesmen is in marked contrast with the reckliess financiering of some of the other colonies both north and south. " Richard Bland, in a letter written in I771 (and printed in this Magazine,. VI, 127-134), says that the English merchants, at first bitterly op- posed the issue, but that at the time he was writing they were the warm- est solicitors of the Assembly for that very species of money. He also states that of ?75o,ooo treasury notes which were issued during the war,, it was probable that only the amount of ,?6o,ooo was outstanding.
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We are informed that the Merchants of Great Britain are much alarmed at our Assembly's passing some Acts for emitting large Quantities of Paper Money, which is made a legal Tender for alL Debts (the King's Quit-rents excepted) and they are very appre- hensive that they may be great Sufferers thereby, in collecting their Debts due here. These Apprehensions of the Merchants proceed from a mis- taken Notion of our having a Law in force for paying off sterl- ing Debts in Current Money at 25 # Cent Exchanige. No Loss can arise to the Merch"' from making this paper Money a legal Tender for Sterling Debts as the Law now stands, and they are in a much better Condition & less liable to Losses in collecting their Debts, than if nothing but sterling or lawful Money of Great Britain were held a Tender for such Debts, as by the Act of the 6th of Queen Anne, which they so much rely on to be a good precedent in such Case. If this can be shewn, it is to be hoped the Gent in the Trade will be satisfied that there is no Necessity to sollicit their Menmo- rial so far as to procure an Instruction about this Matter. True it is, that before this War, and when Exche was rarely above 25 e Cent, we had a Law to settle the payment of Judg- ments for Sterling Debts at that Rate, and it was passed to pre- vent Disputes about the Exchange, and as a Direction to the Sherifs in levying Executions on these Judgments. There was likewise a further View; to prevent Creditors from taking an un- reasonable Advantage of the Necessity of the Debtor for his forbearing to execute the Judgenient perhaps io or I5 et Cent above the then Current Exchange which, as it was a kind of Traffick about Bills of Exche did not come under the penalties of our Laws against Usury or at least was hard to be come at, & pun- ished by them. But when at the breaking out of the present War, Exche began to rise, or rather it was forseen that it would do so, and it was found that Injustice would be done to many, especially the Merchants in Great Britain, if that Law remained in force, it was repealed by an Act of the 28th Geo. 2d, intituleci "An Act*to amend an Act intituled An Act declaring the Law concerning Executions, & for the Relief of insolvent Debtors *Hening, VI, 478.
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and for other purposes therein Mentioned." The preamble of which shews its Intention to take care of the Merchants Interest, and the principal enacting Clause is " That in any Action which hath been or shall be commenced, and is or shall be depending for the Recovery of any sterling money, in any Court of Record within this Dominion, wherein the plaintif or plts. shall recover, sdch Court shall have power, and are hereby directed by Rule to be entered at the foot of their Judgment in such Action, to order such Judgment to be discharged or levied in Current Money, at such a Difference of Exchange as they shall think just, any Law usuage or Custom to the contrary thereof in any wise not- withstanding." And what rate of Exche can a Court under the Direction of this Act think just, but that which is current at the time of entering the Judgment, or such a one, that the Merchant may have his whole Debt remitted to him, without those Losses they so much apprehend? If our notable Agent * at the other End of the town had known and stated these things to the Merchants, they would hardly have thought it necessary to present any Memorial about it. And this it was his Duty to have known and done, as he nas an Allowance of ?200 # Annum to negotiate the Affairs of the Country; And these Acts above mentioned are regularly trans- mitted, as he knows, to the Board of Trade, and were remaining in that Office at the very time the Memorial was presented. But it may be thought that the greatest Difficulty is yet to come, Vizt. to obviate the heavy Complaint-and that which seems to carry weight at first View, that the Assembly have passed a a Law, ex post Facto, to declare paper Bills of Credit a good Tender even for sterling Debts contracted before the passing such Law, whereas the Merchants think that nothing less than sterl- ing or lawful money of Great Britain, should be allowed to be a good Tender, agreeable to the Act t of the 6th of Queen Ann especially for such precontracted Debts. This is to be done, and ? James Abercromby, agent for Virginia from January, 1753, to January, 1758, and for the Governor and Council only until 1773. See note Din- widdie Papers, I, 37-38. tThis probably refers to the act of gth Anne, October, 1710, Iening, III, 502.
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at the same time, it is to be shewn, that the Merchants are in a better Condition, and less liable to Losses in receiving their sterl- ing Debts under our Laws, than they would be, if nothinig but sterling or lawful Money of Great Britain were held a Tenider. For this purpose let us suppose that a Merch't in London ob- tains a Judgment here for fioo sterling, the Debtor is obliged by the 6th of Queen Ann, and therefore procures /ioo sterling or lawful Money of Great Britaini, & pays this Debt; Now this Sum being only of equal Value to /125 Curr't Money; and Exch'e beinig now at 35 e C't (and in War ti'me it is rarely lower), the Agent here must in that Case give /ro Curr't Money nmore to purchase a Bill of Exchange to remit this Debt to his principal, which /io is so much real Loss to the Mer- chant; whereas by the Provision of our Law, no such Loss is incurred, but the Creditor hath his whole /I35 decreed to him, with which a Bill is bought and the full Debt remitted. Thus it is hoped the proposition is proved, and that our Leg- islature have conceived just Apprehensions of the Interest of the Merchants, and all other Creditors for Sterling Debts, and have made a proper provision for their Security. But to set this Matter still in a stronger Light: The Merchants in their Memorial quote the provisions in the Act of the 6th of Queen Anne, that even foreign Gold and Silver Coin, nmade current by that Act, was not to be held a legal Tender for ster- ling Debts, nmuch less ought paper Bills of Credit, which are, they say, of a local, uncertain and fluctuating Value. But give us leave to tell them, that if they had no better Dependance than that Act affords for collecting their sterling Debts, they might be great Sufferers indeed; For tho' that Act, when it was made, and for maniy years after was a good provision for them in that Respect (nothing but sterling or lawful British Money being a legal Tender for sterling Debts) inasmuch as the Ex- change then current here was under the Rate settled by that Act, vizt 25 # Cent, or one shilling passed for I s. 3d, but since Exchange hath been higher than that, which is always the case in time of War, a Tenider exactly agreeable to that Act, would occasion a Loss to the Merchants of so much as 25 If cent falls short of the highest Exchange, viz' IO, I5 or perhaps 20 7 cent.
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Let it be observed, that however contemptibly the Merchants look upon this paper Money, as of a local, uncertain and fluc- tuating Value, yet it is enmitted on such Funds that every one is glad to receive it in any kind of payment, and Exchange is now 1o F Cent lower than it was last War, when we had nothing current but gold and silver Coin, a Circumstance very favourable to the Credit of our paper. And altho' the King's Quit rents as the Merchants rightly observe, are not payable in paper, by that Act, that was done, because his Majesty had by Instruction to the Governor and Officers of his Revenue, directed them to be received only in Sterling, or Gold and Silver Coin at a cer- taini Rate, which Instruction, the Governor durst not contravene by including them in the Act, yet the Receiver General never -refuses paper Money for the Quit rents, because he can readily procure Bills of Exchange for it. [SECRETARY PITT'S LETTER TO THE GOVERNOR OF VIRGINIA.] [Endorsement. ] Copy. Mr. Secretary Pitt's * Letter to the Lieutt Gov" of Virginia of 9 Dec", 1758, referred to by the Come of Correspond- ence in their Letter to the Agent of the 12 Decr, '759. White Hall, gth Decr, 1758. (Triplicate.) Sir,-His Majesty having nothing so much at Heart as to imn- -prove the great and important Advantages gain'd the last Cam- pain,t as well as to repair the Disappointment at Ticonderoga, and by the most vigorous and extensive Efforts to avert, by the Blessing of God on his Arms all Dangers which nlay threaten North America from any future Irruptions of the French; And the King not doubting that all his faithful and brave Subjects there, will chearfully co-operate with and second to the utmost, * William Pitt, appointed Secretary of State of England in '757. t During the summer of 1758 Louisburg and Fort Frontenac were cap- tured from the French and Fort Du Quesne was occupied on November 25, but the news of this last capture had hardly been received in Eng- land when Pitt's letter was written. In July the English forces under Abercromby were defeated before Ticonder
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the large Expence & extraordinary Succours supplied by this Kingdom for their preservation & Defence; And his Majesty considering that the several provinces from Pensylvania inclusive, to the Southward, are well able, with proper Encouragements to furnish a Body of several Thousand Men * to join the King's Forces in those parts for some offensive Operations against the Enemy; And his Ma'ty not judging it expedient to limit the Zeal and Ardour of any of his provinces, by making a Reparti- tion of the Forces to be raised by each respectively for this most important Service. I am commanded to signify to you the King's pleasure that you do forthwith use your utmost Endeavours & Influence with the Council and Assembly of your province, to induice them to raise with all possible Dispatch within your Gov- ernment, at least as large a Body of Men as they did for the last Campaign, and even as nlany more as the Number and Situation of the Inhabitants may allow, and forming the same into Regi- ments as far as shall be found convenient. That you do direct them to hold themselves in Readiness, as early as may be, to march to the Rendezvous at such place or places as may be named for that purpose by the Commander in Chief of his Majesty's Forces in America, or by the Officer who shall be appointed to command the King's Forces in those parts in order to proceed * During the French and Indian war Virginiia kept constantly in service one, and sometimes two regiments of colonial regulars, in addition to companies of rangers, and to large bodies of militia which were fre- quently called out. Lists of some of the militia may be found in Hening, VII, 21-25, 179- 231, VIII, 126--133. In the same work, VII, 493, is a list of the officers. of Byrd's regiment as they stood at the time it was disbanded in 1763. In the Virginia Magazine of History and Biography, I, 378-390; II, 37- 49, 143-153, are rosters of various Virginia companies from the " Wash- ington Papers " in the State Department, Washingtpn. There is in the Virginia State Land Office a large number of certificates filed with appli- cations for land bounty under the royal proclamation of 1763. These cer- tificates have recently been copied for this Society and have been bound in two large indexed volumes, comprising 587 pages. Among the names. are those of about 128 officers and 6r5 privates and non-commissioned officers. It is evident that a large number of certificates are missing or that many.privates did not apply for land. There are also in the Land Office three books containing lists of grantees of land under the Proclamation of 1763.
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from thence, in Conjunction with a Body of his Ma'ty's British Forces, and under the supreme Command of the Officer to be appointed as above, so as to be in a Situation to begin by the first of May, if possible, or as soon after as shall be any way practicable, such offensive Operatious as shall be judged by the Commander of his Majesty's Forces in those parts most expe- dient for annoying the Enemy, and most efficatious towards re- moving and repelling the Dangers that threaten the Frontiers of any of the Southern Colonies on the Continent of America. And the better to facilitate this important Service, the King is pleased to leave it to you to issue Commissions to such Gent of your Province, as you shall judge from their Weight and Credit with the people & their Zeal for the public Service may be best disposed & enabled to quicken and effectuate the speedy levying of the greatest number of Men, in the Disposition of which Com- missions I am persuaded you will have nothing in View but the Good of the King's Service, and a due Subordination of the whole, when joined to his Majesty's Commander. And all Offi- cers of the provincial Forces, as high as Colonels inclusive, are to have Rank according to their several respective Commissions agreeable to the Regulations contained in his Majesty's Warrant of the 30th of December last Year. The King is further pleased to furnish all the Men so raised as above with Arms, Ammunition and Tents, as well as to order provisions to be issued to the same, in the same proportion and manner as is done to the rest of the King's Forces; And a suffi- cient Train of Artillery will also be provided at his Majesty's Ex- pence, for the Operations of the Campaign. The whole there- fore that thre King expects and requires from the several provinces is, the levying cloathing and pay of the Men; And on these Heads also that no Encouragement may be wanting to the fullest Exertion of your Force; his Majesty is further most graciously pleased to permit me to acquaint you that strong Recommenda- tions will be made to parliament in their Session next Year to grant a proper Compensation for such Expences as above, ac- cordingly as the active Vigour & strenuous Efforts of the respec- tive provinces shall justly appear to merit. It is his Majesty's pleasure that you do, with patticular Dili- gence, imnmediately collect and put into the best condition all
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the Arms issued last campaign, which can be any ways rendered serviceable, or that can be found within your Government, in ordet that the same may be employed as far as they will go in this Exigency. I am at the same time to acquaint you, that a reasonable Sup- ply of Arms will be sent fronm England, to replace such as may have been lost, or have become unfit for future service. I am further to inform you, that similar Orders are sent by thiis Conveyance, to Pensylvania, Maryland, North Carolinaand South Carolina. The Northern Governments are also directed to raise Men in the same Manner. to be employed in such offen- sive Operations as the Circumstances and Situation of the En- emy's Possessions in those parts may point out, which it is hoped will oblidge them so to divide their Attention and Forces, as will render the several Attempts more easy & suc- cessful. It is unnecessary to add anything to animate your Zeal in the execution of his Majesty's Orders on this great Occasion, where the future Safety and Wellfare of America, and of your own province in particular, are at stake, and the King doubts not fromn your knowni Fidelity and Attachment, that you will employ yourself with the utmost Application and Dispatch in this urgent and decisive Crisis. I am, Sir, Your most obedt h'ble Serv', W: PITT. Lieut. GoVr of Virginia. [SECRETARY PITT'S LETTER TO THE GOVERNOR OF VIRGINIA.] [Endorsement.] Copy. Mr. Secretary Pitt's Letterof 29th Decr, I758, to the GovT of Virginia-referred to by the Comee of Correspond?e in their Letter to the Agent of Decr I2, 1759. (Duplicate.) Whitehall, 29th Decr. I758. Sir,-In transmitting to you the inclosed Triplicate of my Letter of the gth Instant, I have the King's particular Com- niands to renew and enforce in the strongest Manner the Neces-
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sity of a punctual Compliance with the Orders therein contained, and you will accordingly urge in the most expressive Terms to the Council and Assembly of your Colony, the Importance of their exerting themselves in the present critical and decisive Moment, in whlich their own Interests and Security are so nearly concerned, that it would seem superfluous to add the further Motives of their Duty to the King and of the Gratitude they owe to this Country, for the very Expence and Succours sup- plied for their immediate Defence, & for the future Safety of all their Rights and Possessions in America; and the levying the Meni to be furnished by the several provinices without any delay, and in such time that they may not fail to be at the Rendezvous that shall be appointed for them, so as to be ready to commence the Operations by the ist of May. is so essential, as well for pre- venting the extraordinary Efforts which it is supposed the Enemy is preparing to make to stop the future Progress of his Majesty's Arms in America, as for pushing with Success the ensuing Cam- paign, that it is the King's pleasure that you do employ the utmiost Diligence and every means in your power to forward and expedite this Service in the most effectual manner, and to avoid any Disappointment happening from the slowness of the Levies, or from the men, who shall be raised, not proceeding in due time to the Rendezvous. With Regard to the expences incurred by your Colony, for the last Campaign, I am further to acquaint you, that as soon as the Agents of the respective provinces, duly authorized, shall produce the necessary Documents, the same will, without Delay, be recommended to parliament for a reasonable compensation, agreeble to the gracious Assurances which the King was pleased to allow me to give in my Letter of the 30th of December last Year. I am, Sir, Your most obedient humble Servant, W. PITT. Lieutt GoVr of Virginia.
This content
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[Endorsement.] October 7, I 760. Proceedings Council. AT A COMITTEE OF CORRESPONDENCE HELD AT THE CAPITOL, OCTOBER 7, 1760. Present: The hon'ble W. Nelson, T. Nelson & Ph. Gryrnes, Esq"r, J. Robinson, P. Randolph, Chas. Carter, Mr. Waller, Mr. Wythe, Mr. Bland, & R. C. Nicholas, Esqrs. Mr. Nelson communicated to the Committee two Letters lately come to his Hands from Mr. Montague the Agent, which were read, as wasalsoa Copy of Sir Matthew Lamnb's Opinion on the Act for appointing an Agent, which is niention'd in Mr. Monta- gue's Letters. On Consideration whereof it is the opinion of the Comittee that Mr. Nelson be desired to lay the said Letters before the Council in order to obtain the Opinion & further Directions of the General Assembly (now sitting) thereon. The Comittee taking into Consideration that the Letters from the Agent by means of their being directed ptublicly to this Com. mav possibly excite the Curiosity of People into whose Hands they may casually fall in their Passage hither, and so be opened and suppressed or detained, are of opinion and do ac- cordingly direct that in the next Letter to be sent from this Com. to the Agent he be desired to address his future Letters to Mr. Nelson alone, without the Addition of his being one of the Members of this Com. On the - day of October the Proceedings of this Commnit- tee were laid before the House of Burgesses, pursuant to their Orders, and on the 20th October the House of Burgesses came to the following Resolution, vid-[not given]. AT A COM'E HELD AT THE CAPITOL, NOV'R 3, I760. Present: The hon'ble W. Nelson, T. Nelson, Pet Randolph, Esq"r, Jno. Robinson, P. Randolph, B. Waller, Richard Bland,. Esq The sev' Lr from the Agent to this Comee were again read. Resolved that P. Randolph, Esqr, Mr. Atto & Mr. Bland be appointed a Com. to prepare a Lr to Mr. Montague, in wlich they are to inform him of the Rect of his Letters, & that ye Com
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are well satisfied with his Conduct hitherto; that he must hence- forward look upon himself as Agent for this Colony to all In- tents and purposes, & not suffer any other person to interfere with him in ye Execution of his Office; that they notify to him that the Gen' Assembly have passed an Act to explain & amend the Act for appointg him to his office agreeable to Sr Mattw Lamb's opinion laid before ye Lds of Trade, &c. Also, that they inform him of two other Acts passed the last Session-viz: Supply Bill & ye Act for appointing Receivers of the Money granted by Parliamt, &c., &c. That they give him an Account of thie sev' sums of money granted by this Colony during the Course of the War from the Beginning to this time. That they also inform him of the Address & Representation to his Mat' agreed upon by the Council & H. of Burgesses, and desire him to present ye same in the most proper manner-& that in pur- suance of those Acts Bills of Exchane are drawn upon Mr. Aber- crombie by the persons thereby directed, & that if any Difficulty shd attend the procuring paymt of those Bills he use his utmost Endeavours to remove them, and also furnish him with Reasons & Arguments for supporting them effectually & that they advise him to have Recourse to the sev' Acts of Assembly therein par- ticularly mentioned. That he be likewise told the Govr has ac- quainted this Com. that he has wrote to him to desire his Assis0e to wipe off any Odium he may be under or any Asper- sion thrown on him for giving his Assent to the sevl Acts of Ass: of this Colony lately repealed by his Majesty, & that this Com. desire he will to his utmost assist his Honr therein. Ordd, That the Clerk prepare another Copy of the former letter & Instructions & other Papers sent Home therewith; Also 3 Copies of the three Acts above mentioned properly authenti- cated under the Seal of the Colony, and as many Copies of the Address & Representation to his Majesty. AT A COM'E HELD THE 6 NOV'R, 1760. Pres: The hon'ble W. Nelson, T. Nelson, P. Grymes & Pet. Randolph, Esqru, J. Robinson, B. Waller, G. Wythe & R. C. Nicholas. The Com. appointed presented a Letter they had prepared
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for the Agent agreeable to the sev' Resolutions of the last Comee which, with some Anmendments now made, was agreed to. Ordd, That the same be fairly transcribed immediately, and that two other farir Copies be also prepared with all Dispatch, to be sent home by 3 sev' diff' Ships. Ordd, That the C'lk prepare a fourth Copy of the first Lr and Instructions & the sev' Papers therein ment4 & refP to, to be senit home by the first Ships, the Comi. being inform'd that ye two first already sent are taken. The L this day agreed to is as follows: [LETTER TO THE AGENT.] [Endorsement.] Second Letter to the Agent, Nov. sth, 1760. Wm5burg, Nov. 5th, I760. Sir,-Yours of the first and twentieth of May & nineteenth of July have been receiv'd by the ComLL & laid before the Gen- eral Assembly. Your Readiness in accepting the Agency, we are to acquaint you, gave them no small Pleasure, as they have ye imost sanguine Expectations that great Advantages will be derived to this Colony, from your Weight & Influence. Your asserting your Right as Agent, particularly in the Affair relating to the Money voted by Parliament, was highly approved of. And we were no less pleased with your immediate Resolution to give up your Claim to any Advantage arising from the Rec't of that Money, as soon as you thought any Delay in the remitting it might possibly be a Prejudice to this Colony. Prom this step, we are persuaded, that you will on every occasion prefer the Good of the People you represent to any private views. We think you judged very right in refusing to sign the Papers offer'd to you by Mr. Abercrombie, as you are by no Means to look on him as Agent for Virginia, but to consider yourself as such to all Intents & Purposes, & not to sufler any other Person to interfere with you in the Execution of your office. However, it is not our Intention to restrain you from joining Mr. Aber- crombie, or aniy other Gent. in any Sollicitation that may prob- ably be for the Benefit of this Colony. The Governor* having inform'd the Comee that he has wrote * Francis Fauquier, Governor of Virginia, June, 1758-March, 1768.
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to you, desiring you to join Mr. Abercrombie in removing any ill Impressions the Ministry may have of him, on his giving his Assent to several Laws, which have been judged to be contrary to his Majesty's Instructions, & consequently repeal'd by his Royal Proclamation, we earnestly recommend it to you to con- tribute every thing in your Power to wipe off any Odium he may be under, or any Aspersion thrown on him for passing those Acts. We are the more pressing on this Occasion from the great Esteem we have for that Gent, who in every Instance, of his Administration, has demonstrated his Dutv to his Majesty, and his Affection to the People under his Government. Altho' we must confess that the Governor, in passing those Acts, did not strictly adhere to his Instructions, yet he had no Reasoni to be apprehensive of incurring his Majesty's Displeasure, as former Governors had pass'd several Acts of the same Nature, which hadl never been complain'd of. The General Assembly at the last Session pass'ci an Act* for explaining and anmending an Act for appointing an Agent, which, we flatter ourselves, will remove Sr. Matthew Lamb's Objection. For, we must acquaint you, that it was never the Design of that Act to deprive any Branch of the Legislature of a concurrent Power in the Appointment, or Deprivation of an Agent, nor cou'd we conceive that it wou'd ever be taken in that sense. The Assembly at the same Session pass'd two other Acts,t the one for recruiting & further continuing the old Regiment in the Service of this Colony, and for other Purposes therein men - tioned, the other for appointing Persons to receive the Money granted or to be granted by the Parliament of Great Britaini to his Majesty for the use of this Colony. By a Clause in the former of these Acts the Governor, President & Speaker are authoriz'd to draw Bills of Exchange on James Abercrombie, Esq., to the Amotunt of twenty thousand Pounds Virginia Cur- rency. And by the other Act, the said Governor, President & Speaker are authoriz'd & empower'd to draw Bills of Exchange * Hening, V1I, 375. t Hlening, Vii, 369 and 372. The latter act recites that /52,814.19 had been allotted to Virginia out of the amounit voted by Parliament in 1757 and 1758 for the relief of the American colonies.
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on the sd. James Abercrombie for the Ballance remaining in his Hanids of the several Sums of 632,260. i9 and /20,546 alloted by his Majesty for this Colony. And by the sd. Act you are authoriz'd, directed & empower'd to receive all such other Sum or Sums of Money as already have been or hereafter may be granted by the Parliament of Great Britain to his Majesty for the Use of this Colony, and as you advise us that Mr. Abercrombie has put in his Claim for our Proportion of the last Sum granted to the Americani Colonies, we desire that you will demand any Money he inay have received on that Acct of him; you'll please to inform yourself what Comissions are allowed to the Agents of the other Colonies & advise us thereof that we may be satis- fied Mr. Abercrombie has not imposed on us in his Charge. Copies of the said Acts will be transmitted to you, and in Pur- suance of the two last mention'd Acts, the Governor, President & Speaker have drawn several Bills. We can scarce think that Mr. Abercrombie will not pay due Honor to them as the Method pursued was pointed out by him. But if he shou'd not, you will be particularly attentive to remove his Objections. The Gen' Assembly being under the greatest Concern to find that their Conduct had been misrepresented, & that they had been accus'd of attempting, in many Instances to infringe the establish'd Rules of Government, & to violate the Royal Pre- rogative* have drawn up an Address and Representation to his Majesty, setting forth the Proceedings of the Legislature, by which they hope their Conduct will appear in a more favourable Light. Copies of the Address & Representation by the Direc- tions of the Gen' Assembly are herewith inclos'd, and you are desir'd to present them in the most proper Manner. We refer you to the Reasons in the Representation for the passing the several Acts therein mention'd, which we conceive will be suffi- cient to acquit the Legislature of any sinister or disloyal Inten- tions. But as the Matters contain'd in the latter Part of the Representation are of the greatest Importance to this Colony, & the very being of the Constitution depending thereon, it may be necessary to add some further Observations and Reasons to * This refers to the " Two-Penny Act," regarding the payment of to- bacco debts in money. See April number of this Magazine.
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those contained therein. The Instructions to the Governor of this Colony were given by King Charles the second soon after the Restoration, & have had little Alteration since. By the i6th Article of those Instructions the Governor is directed to pass no Act of a less Continuance than two Years, & no Act repeal- ing or amending any other Act, whether the same has or has not receiv'd his Majesty's Assent, unless a Clause be inserted suspending the Execution thereof until his Royal Pleasure shall be known. So far as relates to the passing Acts for repealing or amending any Act assented to by his Majesty, the Assembly have always paid a due Obedience to his Instructions, but the Instruction relating to the repealing or amending Laws, which never have had his Majesty's Assent, or have been made for a shorter Term than two Years, has never been attended to. And as a proof that this Instruction has not always been enforced even by the Ministry, the General Assembly revis'd our Laws in 1748, when many of them were both alter'd & repeal'd. The Ministry at that Time were so far from disapproving their Con- duct, that they recommended it to the other Colonies to imi- tate their Example. By a Recourse to the Laws, you'll find that the Assemblies have exercis'd this Power ever since the Date of the Instructions so much relied on. And we are per- suaded that this Instruction wou'd not at this Time have been enforced, had it not been for the Clamour of a few dissatisfied Clergy, who preferring their own Interest to every other Con- sideration, have not hesitated by their cunning & artful Insinu- ations, & by their false & scandalous Representations to blacken the Character of the Legislature of this Colony. Upon this factious Complaint of the Clergy his Majesty has been pleas'd to send an Additional Instruction to enforce that old Instruction, which has been so long consider'd as obsolete, By which the Governor, who is on every Occasion desirous of promoting the Interest & Happiness of this Colony, thinks himself restrain'd from passing any Act contrary to the Letter thereof. And it is apparent that if he shou'd adhere thereto, the Privilege of mak- ing Laws, which all his Majesty's Colonies have, & ought to enjoy, will be abridg'd, & in a great Measure abolish'd. For all Countries are liable to such Changes & Accidents, as require the immediate Interposition of the Legislature, And no less t
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an infallible Power can form Laws so perfect that they may not afterwards stand in Need of Alterations or Amendments. You can easily suggest the many Inconveniencies we must necessa- rily labour under, by being oblig'd to suspend the Execution of any Act, let ye emergenicy be ever so great, till his Majesty's Pleasure can be known. It is well known, that we have been in a state of War ever since the Year I753; that we have been under a Necessity to make annual Provision for our Troops, and to guard against the various & unforseen Events which ml]ust happen at such a Time; That an Aninual Provision must be made to prevent Mutiny & Desertion, neither of which can be done if we are restrain'd by Instructions from passing such oc- casional Laws. And it is remiarkable that one of Sr. M. L's Objections to the Act for appointing an Agent is to its Continu- ance for 7 Y'rs, & he recommends the passing an Act for this ppurpose from yr to Year, at the very time that his Mat'y is en- forcing the Instruction above mentioned. In the Year 1705 An Act* pass'd for paying the Burgesses one hundred & thirty Pounds of Tob? & Cash e Day for their Wages. At that Time this was equal to ten shillings # Day, but Tobo having since greatly advanc'd in Price the Burgesses have scarce ever fail'd to pass an Act for paying their Wages in Money at ten shillings ' Day in Lieu of Tob?. This was (lone for the Ease of the People & may convince anv impartial Person that the Burgesses have not always acted upon self'interested Principles. This late Instruction restrains the Assembly from giving up even their own Rights. Having furnish'd you with every Argument that occurs to tus otn this Occasion, except such as are already made use of in the Representation, we have only to desire you to use your utmliost Endeavours either to have this Instruction counternmandedi or alter'd in such a Manner that it mav not so sensibly affect the Interest & Liberty of the People of this Colony. You are also to take every Method of justifying the Conduct -of the Gen' Assembly in passitng those Laws so imiuch complain'd of by the Clergy, & repealed by his Majesty's Proclamation. From the- Reasonableness of our Request we cannot doubt of your success. *Henitng, IIJ, 244.
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Any Expence attending these Sollicitations will be repaid you. We are, &c. P. S. You'll please to address your future L'rs for the Com'ee to ye hon'ble Wm Nelson, Esqr, alone, & without the Addition of his being a member of this Come. This is thought a neces- sary Caution to secure 'em from ye Inspection of such as might be curious enough to open them. [Endorsement.] PROCEEDINGS OF THE COM'E, MAY 4, 176I. At a Committee held at the Capitol, MaY 4, 176I. Present: The hon'ble William Nelson, Thomas Nelson, Philip Grymes & Peter Randolph, Esqrs; Peyton Randolph, Benjamin Waller, George Wythe & Robt. Carter Nicholas, Esqrs. Mr. Nelson informed the Board that he had convened them to consider of several Matters lately occurred, which he thought required the Care & Attention of the Agent in Gt Britain, vizt.: The Case of Thornton & als vs. Buchanan, & Hamilton, late of London, Bankrupts, & their Assignees & Factors here, in which a Decree passed this prest G' Ct in favr of the Plts. from which the Deft's had pray'd an App' to the King in his privy Council. That this Decree being founded on an Act* of Ass. of this Colony, made in 1744-to wit: "An Act for the Relief of certain Creditors," which is a very beneficial Law to the Subject here, it might be necessary for the Agent to assist in the Debate in England in order to support that Law. Anor thing he proposed to ye Considn of the Board, was an Expression in Mr. Secretary Pitt's last letter to his Honr the- Govr, which he had laid before the Ass., in which the Colony is accused of being remiss in their Duty to his Majesty in not rais- ing a suffi' Number of Men for the Campain in 1760, which point he thought it necessary shd be clear'd up in England. The last point Mr. Nelsoni desired Opinion of the Com'ee in, was the public Complaint of the People for the wt of a Man of War to protect our Coast. * Heoing, V, 244.
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On mature Consid0 of these sev' Matters the Committee were of Opinion that the Agent ought to receive Instructions therein & be desired to. Mr. Nelson then presented to the Board a letter which he had previously prepared for the Purposes above mentioned, & the same being read, was with some Amendments approved of, & thereupon it was Ord', that sd Lr be fairly transcribed & that the Cl'k procure authenticated Copies of the sev' Papers referred to by the sd Letter to be transmitted therewith. The Letter is as follows: [LETTER TO THE AGENT.] (Endorsement.) 3d Letter to the Agent, May 4, 176I. Virginia, April 30, I761. Edward Montague, Esqr. Sir,-By the Receipt of our last Dispatches to you by Capt Perry, Via Bristol, you will have seen how very unfortunate we have been, in having the first and second Copies taken by the Enemy. When you received the third, you would have full Instructions in every Matter that it was then necessary to trouble you with, relative to this Colony, Since which some things have occurred which we think require your Care and Attention. There hath passed in this present General Court a Decree in Chancery in Favour of John Thornton and others (the Title is inclosed) against the Assignees of the Estate and Effects of George Buchanan & William Hamilton late of the City of Lon- don Bankrupts, for a very conisiderable Sum, near ?5,ooo sterl- ing, from which Decree the Defend" have prayed an Appeal to his Majesty in his Privy Council; And as this Decree is founded on an Act of our General Assembly, that is extreemly beneficial to the Colony, it is of the utmost Consequence that you use all possible Means to procure an Affirmance of the Decree, & sup- port the Validity of the Act. It is intituled "An Act for the Re- lief of certain Creditors passed Anno i8th of George the second: And that you may be fully acquainted with the Nature of the
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Dispute, it may not be improper to give you a short History of the Act and the Reasons of passing it. About the year I732. the Merchants of Great Britain obtained an Act of Parliament, intit' An Act for the more easy Recovery of Debts in his Majestys Plantations and Colonies in America, which was favourable to them, tho' not to us, as it subjected all our Lands in the Plantations to be taken in Execution and sold as Chattels to satisfy Debts due to Merchants in Great Britain even on simple Contracts, tho' they are not liable for any debt contracted here except by exact accord to the course of ye Common Law. This was thought somewhat hard as the Advantages were not reciprocal, and we had no certain way of recovering our Debts from them, nor could we subject Lands in the plantations belong- ing to merchants residing in Great Britain to the payment of such Debts. To remedy this and to establish one certain regular and uniform method of proceeding in the Recovery of Debts due to the Inhabitants of this Colony from Persons residing out of it, this Act was passed; soon after which, upon a proper Represen- tation of it's Reasonablness and Utility, it obtained the King's Assent, so that now it stands on as good Authority as any Act of the British parliament, and thus confirmed by his Majesty, can't be repealed but by our Assembly with the King's Assent. This is a point that you are to insist upon if it should be disputed. Under this Act we have always attached the Effects of Persons residing out of the Colony, as well as of those of good Credit, as of other dying insolvent, and of Bankrupts. The Assignees in the present Case think that by Virtue of the Statutes concern- ing Bankruptces, they are entitled to all the Effects of a Bank- rupt in Virginia, as well as in Great Britain, in Exclusion of our Rights here, the Unreasonableness and Injustice of which will appear from this Consideration; that the time limited- by the Assignees under a Commission of Bankruptcy for the Creditors to make out their Demands is so short as renders it impossible for us to come in under a Commission & receive any Benefit from it; besides the Effects which the Merchant of Great Britain hath here often gives Credit to his Factor or Agent, who buys large Quantities of robacco, draws his Bills for the payment, and if the Principal happens to break the Bills are protested; And if
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the Assignees prevail in this Case the very Effects here which the planter looked upon as a Security for the payment of the Bills are swept away by them, & he is left to lament the extreem Inequality of the Laws, if they should be so adjudged. You are therefore, Sir, to engage the best Counsel you can to support and defend the Force of this Act, the Expence of which shall be repaid you. You are not to act as a Principal in the Dispute, since the Respondents will send over a Copy of the Decree, and will also employ Counsel to prevent a Reversal. We now inclose you a Copy of the Act, with his late Majesty's Ratification in due Form so that, we repeat it again, no power on Earth can alter the Force of it less than our Assembly with his Majesty's Assent. We have observed in a Letter from Mr. Secretary Pitt to our Lieuten' Governor, which he laid before the General Assembly, he, says that this Colony had been remiss in their Duty to the King, bygrantingsofew MenforthelastCampaign, I76o. This is an Imputation that we expected ouir very liberal Grants for many Years past, even beyond our Abilities, would have secured us from; but we are willing to hope that this Censure of our Conduct arose from Mr. Secretary's forming his Idea of our Number of Men that year from the Returns which General Monckton made to the War Office, in which would appear but little more than 400 Men. But besides these, we had a thousand Men on our Southwestern Frontiers, ready to co-operate with Coll Montgomery against the Cherokees, which were prevenited from acting by the Repulse he met with, and his hasty Retreat in Consequence of it. That you may be able to remove any unfavorable Impressions of us in this Respect, and that you may put in our Claim for a proportion of any Money that was given last, or may be given next Session of Parliament, we now send you authentic Copies of both the Acts,* by which you will see that we have expended * By act passed November, 1759, it was ordered that 400 men of the Virginia regiment should be employed in such manner as the Com- mander-in-chief of his Majesty's forces should direct, and that the re- maining part should be stationed where the Governor of Virginia should appoint (Hening, VII, 331). An act was passed in March, 1760, (Ibid, .317) continuing the Virginia regiment in service, and also providing for retaining in service 3oo men, in addition, who were guarding the fron-
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all that we received of the two first Grants, and we expect there wlll be a large Sum to pay for Deficiences at the End of this Canipain. The last poinit we shall now trouble you upon, is the Com- plaint of the people for Want of a Man of War stationed here to protect our Coasts and Harbours from the Insults of the Enemy's privateers. It is remarkable that the Colony has not for a long Tract of Time been without a Guard Ship or two, "till within these five Years past, we have not had any, except now and then a Ship hath come as Convoy to the Trade, and returned with it, leaving the Coast without any Naval Protection for many Months, and last Summer a small privateer came to the mouth of our most considerable Harbour, cut out a Vessel from the Coast of Guinea of great Value, and carried her off, besides making many other Captures. The natural Way to remedy this, would be by an earnest Application to the Lords of the Admiralty, setting forth the Necessity of some Protection of this Sort, as the Trade is of Consequence and merits some Consideration. You will, there- fore, Sir, use your best Endeavours to prevail with their Lord- ships to order a Ship or Sloop of War, to be always on the Sta- tioin, besides any that may be occasionally appointed as Convoy to the Trade to and from Great Britain. [Endorsement.] PROCEEDINGS OF THE COMMITTEE, I ITH AND 13TH JUNE, 176I, With the 4th L1 inclosed. At a Come held June IIth-, 176I. Present: hon. W. Nelson, T. Nelson, P. Grymes & P. R., Esqrs., Mr. Atto Col. Bland, Mr. Waller, Mr. Wythe & Mr. Nicholas. That Pt of his LT relat'g to an Address of Condol0" complied -with last Sess., The Ass. not sett5 before. tiers. By act of the May session, 1760, (Ibid., 357) 300 men of the Vir- ginia regiment, and an additional force to be enlisted, not exceeding 700, were ordered to the relief of Fort Loudoun, which was threatened by the Cherokees. The acts referred to in the text were, no doubt, two of these.
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The Satisfaction given his Maj'tys Subjects of Virga to hear of his Accessn to the Throne* so much to the Satisfact" of his people. Not to put himself to the Expence of Copies of the Vouchers by w'ch Mr. Dinwiddie passed his Accts. till he hears further from ye Com. That he will endeavour to inforce the Represent" from hence sent him formerly in Regard to the Dispute with the Clergy & the other Matters recommended to him. To be informed it is notorious here that Maryland raised no, Men. That he enforce the Instruct"" given him in the Last Let- ters from hence relative to the Number of Men raised for the last Campain to join Col. Montgomery. And that the Men were under Gen' Amherst's Comm4 & Col. Byrd rec' orders from him. To give him the Opinion of this Com'tee what Articles of Expence in the Execution of his Office will be reimbursed, & what not. That it is the Opinion of the CoMr that a Commissn of IS Y2 Ct will be allow'd him for all Monies he shall receive for the use of this Colony & that he be desired to inform Mr. Abercrombie of this & that it is expected he will re-settle his Accounts agree- able to this Direction, which if he refuses, Mr. Montague must oppose his passg his Acc' in any other Manner at the Treasury. As to Mr. Rowe, it is known whether he is gone home on any particular public Business but that the CoMr look upon his En- quiry into this Matter as an Instance of his Attention to the Interest of this Colony. Not to look upon himself as concern'd in procuring the King's Assent to any private Acts of Assembly, but that it's left to the parties concern'd to emplov whom they please, & that he is at Liberty on Application to solicit any such Acts. Mr. Att?, Mr. Nicholas & Mr. Wythe appointed to prepare the L'. At a Com. held ye 13. The Com. Prest: W. N., T. N., P. G., & R. B., Esq1', Jnv * George III succeeded to the throne on the death of his grandfather in 1760.
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Robinson, Peyton Randolph. G. W., & R. C. N., Gent. Lr read & agreed to & signed by the Members present. LETTER TO THE AGENT. [Endorsement]: 4th L' to the Agent. June 13, 176X. Virginia, June 13th, 176I. Sir,-From your letters of the I5.and igth of Feb. and the 3d and 5th of March, which we have received, we are well pleased to find that your conduct still merits our approbation, and have grounds to hope your attention to your own credit, as well as zeal for the colony's interest, joined with assiduity, patience and perseverance, will render any great share of that influence you disclaim unnecessary to promote the good of your constituents. As Virginia is not inferior to any part of the world in that duty to their present sovereign, which they manifested in every instance to his roial progenitor; so they were not less sensible of that grief which every British heart was afflicted with on the de- mise of his late majesty nor would have been less early in con- gratulating his successor on his accession, but that this ceremony was necessarily delaied 'til the meeting of the general assembly, when an address of the united powers of the legislature was pre- pared which we believe hath been presented. The general testimony that our young monarch is giving daily proofs of his inclinations to add to the glory and felicity of his people will justify our indulging the most delightful prospects of liberty, peace and plenty, and incline us to expect that he will graciously extend his roial and paternal care and protection equally to all his subjects, and redress the grievances of any of them, how remote soever, when properly explained, with his wonted benignity. We need not repeat, and can not add to any thing in our former letters on the subject of the address and representation, and other matters recommended with them to you, not doubting your endeavours to solicit and enforce them effectually, and leav- ing the manner of doing it to your own discretion. If the resolution of the lords of the treasury " to admit no sollicitations from the agents relating to the distribution of the money granted by parliament'" is not unalterable; if they can
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be made acquainted with what we have formerly written on that head; if they knew what is notorious and confessed here, that Maryland did not furnish a single mani for the service in the year 1759, and for seieral years before; and if they were informed that i,ooo of the men levied, subsisted and paid by this colorny last campaign, serving under an officer who received his orders from general Amherst, were intended to have joined his majes- ty's forces under col. Monckton, and would actually have done so, but that they were afterwards, with the general's approbation, directed to assist the forces from South Carolina under col. Montgomery. We say, if these considerations were sufficiently attended to, have we not reason to hope the application of the money would be more justly proportioned to the vigor and strenuous efforts of the " respective provinces ?" When you can procure an audience on the subject of the act of 22 G 2 for settling the titles and bounds of lands, &c., we hope the utility of that salutary law will not be measured by the care and diligence of those who have before sollicited the affairs of this colony. We would not have you put us to an expence for copies of the vouchers of mr. Dinwiddie's account, until we shall have given you further directions, after seeing it. We are obliged to you for the information you have given us concerning the commissions allowed the agents of the other col- onies. We are willing and do agree to allow you what seems to be a reasonable commission, 1 ? per cent. for your trouble in receiving and remitting this colony's proportion of money granted by parliament, and we desire you to inform mr. Aber- crombie of this our resolution, and that we expect he will reduce his charge for that service to the like proportion, or otherwise that we have instructed you to oppose the passing of his account at the treasury. [On the margin is written, "This to be left out. "] We think that gentleman hath not dealt with us as he ought, both in overrating his commission, and in many other articles of disbursements in his account. We should not have objected to reimbursing him his expences in procuring papers, &c., for our use, as we are willing to allow any of yours of that kind. As we do not know that mr. Rowe is charged with any em-
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bassy which can concern this colony, we have nothing more to say in answer to so much of your letter as relates to him than that we regard your precaution as an instance of that vigilance by which we hope all the purposes of any enemies to the tran- quillity and happiness of this country on your side will be de- feated. The sollicitation of the roial assent to any private acts of as- sembly we do not consider as an ex officio business of yours, unless,you have particular directions from us relative to them; but we do not mean to restrain you from doing that office at the request of any parties interested who shall apply to you. Our governor, by a faithful, prudent and steady administra- tion, bath given such universal satisfaction that we think the good of this country concerned in 'preventing any aspersions or ill impressions his conduct may give birth to,' and we be- lieve every well-wisher to it nmost heartily congratulates us on .his being continued in his government. the Treasurer of this Colony to pay you /5?? sterling B Ann. for yor Trouble & Expence in ye Discharge of your Duty in such Office yet, &c. It may not be improper to mention here that tho' the Act for -the appointing an Agent directs (here insert the Words of the Act relative to this point as I have not the Act), yet that it did not mean to subject you to the expences accruing by the procuring of papers & other services of that kind; you will all- waies be reimburs-'d for such, & may charge the country for them in your fuiture Acct. N. B. for fear you should not read my blots I put that part over again to the expences accruing by the procuring of papers & other services of that kind. (TO BE CONTINUED.)
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==See also==
*[[S. Bassett French Biographical Sketch]]
*Other Related Wythepedia Pages

==References==
<references/>

==Further reading==
*E.I. Miller, [https://archive.org/details/jstor-1915067/page/n1/mode/2up "The Virginia Committee of Correspondence,"] ''William & Mary College Quarterly'' 22, no. 1 (July 1913), 1-19.

==External links==
*Read this book in [https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fbooks.google.com%2F&data=05%7C02%7Csnblai%40wm.edu%7C8aa76e76940641dac63008de7309c687%7Cb93cbc3e661d40588693a897b924b8d7%7C0%7C0%7C639074682998650757%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=BA8w%2FCHBiUFVXYaqMYq5S1VlmP6MrL3gF5RwnMwBFQI%3D&reserved=0 Google Books.]

[[Category: Biographies (Articles)]]

Proceedings of the Virginia Committee of Correspondence

2026-02-25T14:34:18Z

Gwsweeney: /* Page 353 */

{{DISPLAYTITLE:"Proceedings of the Virginia Committee of Correspondence, 1759-'67"}}
[[File:VirginiaMagazineOfHistoryAndBiographyApril1903p337.jpg|thumb|right|350px|First page of "[[Media:ProceedingsOfTheVirginiaCommitteeOfCorrespondenceApril1903.pdf|Proceedings of the Virginia Committee of Correspondence, 1759-'67]]," ''Virginia Magazine of History and Biography'' (April 1903), p. 337.]]
Introduction and summary.<ref>Please footnote sources.</ref>

==Article text, April 1902==
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'''VIRGINIA LEGISLATIVE DOCUMENTS'''
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Many years ago the older papers forming the records of the General Assembly of Virginia were removed from the office of the Keeper of the Rolls, and deposited, or rather, apparently, thrown in a heap, in the garret of the Capitol. They long remained in this p)lace with the dirt accumulating on them, unthought of and unused, except by Mr. W. W. Henry, who obtained from the mass, much material used in his ''Life of Patrick Henry.''

About ten years ago the Legislature placed these records in the custody of the Secretary of the Commonwealth for arrangement and possible publication. They were, accordingly, brought down from the garret, properly arranged in chronological order, and put up in packages; but the removal of the State Library to a new building and a demand for the room in which these records were stored for other use, almost undid the good done by the arrangement. It became necessary to remove them to the new building, where they are packed in such a small space that they are practically inaccessible until again examined and arranged.

This Society has obtained permission to copy and publish them, and the first installment appears below.

These papers consist of petitions, remonstrances, letters, executive communications, rough draughts of bills, &c. There are a few documents of an earlier date than 1774; but the mass of them begin in that year.

[The first two papers in this collection are deeds, dated in 1728, conveying a lot of land for a free school in the town of Norfolk. These were printed in the ''Lower Norfolk Antiquary,'' I, 78-81.]

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'''Proceedings of Virginia Committee of Correspondence,*'''<br />
'''1764.'''<br />
<span style="font-variant: small-caps;">Virginia and the English "Declaratory Act."</span>
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At a Committee of Correspondence held at the Capitol December 19, 1764.
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<span style="font-size: 85%;">&ast;See Note 1, at end.</span>
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Present: The hon'ble John Blair, Wm. Nelson, Thos. Nelson and Peter Randolph, Esqr., John Robinson, Peyton Randolph, Richard Bland, Geo. Wythe, L. Burwell & Dud. Digges, Esqr. Mr. Montague's Letter of the 2ISt July, was read & a Letter ordered to inform him of the proceedings of the present Session of Assembly on the Subject of the Taxes * proposed to be laid on the Colonies by the British Parliament & that copies of the Address to his Majesty & the Memoriais to the House of Parliament be got ready to go with the Letter. And the Comn. immediately proceeded to prepare such a Letter, which was done at the Board, signed by all the members present and is as follows: Virga, Dec., 20th, 1764. Sir, We have rec'd your Letter of the 2ISt of July last, & have only to observe with Respect to the Act * * of * * for regulating the German Coin, that his Hon. Gov. has wrote to ye Lo'ds of Trade oni that Subject, tranismitted to themii an answer to the objection raised agaitnst it, in which he was assisted by some of our members & to which we beg leave to refer you. We are now to inlform you that the Genieral Assembly of this Colony met on the Day we mientioned in our last, and immediately took into consideration the Taxation proposed by the British Parliament on the American Colonies, when your several Letters on that subject and the Votes of the House of Comnmonis which you sent us were laid before themn. The Result of their Deliberation on this important Subject, is an address to the King, and memorials to the two Houses of Parliament, in which the Council and House of Burgesses have unanimously joined and directed us to transmit them to you; and we must desire of you to try every possible method of having them properly presented and use your utmost Influence in supporting them. We are under some apprehensions that you will meet with Difficulty in getting the memorial to the Connmons laid before them, as we have heard of their refusing to receive Petitions from the Colonies in former similar Instances. If this should be now the case we think you should have them *See Note 2, at end.
This
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printed and dispersed over the Nation, or the substance of them at least published in such manner as you may think least liable to objection, that the People of England may be acquainted with the Privileges & Liberties we claim as British Subjects; as their Brethren and the dreadful apprehensions we are under of being deprived of them in the unconstitutional method proposed. We have had so many Proofs of your attention to our Interest that we do not entertain the least Doubt of your doing every thing in your Power to assist us in this very interesting Occasion in which we are persuaded you will be heartily seconded by the Agents for the other American Colonies. We are Sir, Yr. mo. hble. Servt", J. Blair,* W. Nelson,t T. Nelson,: P. Randolph,? J. Robinson,II Pey. Randolph,? R. Bland,* * G. Wythe,t t L. Burwell, t + D. Diggs, Jun. ? Proceedings of Virginia Committee of Correspondence, 1765. THE RESOLUTIONS OF MAY 30, 1765. At a Committee held at the Capital the I4 Day of Septmr, I 765. Present: The hon. John Blair, Wm. Nelson, Thos. Nelson & Robert Carter,' Esqr, Peyton Randolph, Geo. Wythe, Robt. Carter Nicholas,?? Lewis Burwell, and Dudley Diggs, Esqr, *John Blair, of Williamsburg, born j686, died November 5, 177, was a nephew of Rev. James Blair, D). D., the first President of William and Mary College, and entered early into public life. He was member of the House of Burgesses for Williamsburg 1736, I738, 1740; Auditor- General 1732-177 1; member of the Council 1743-177 1, and as President of that body was acting Governor January-June, 1758, and March-October, 1768. He married Mary, daughter of Rev. John Monro, and was father of Justice John Blair, of the U. S. Supreme Court See Wiliam and Mary Quarterly, VII, 134-153; VIII, i-i7; and " Blair, Banister and Braxton Families." t William Nelson, of Yorktown, born 171 1, died November I9, 1772. He was a member of the House of Burgesses for York county 1742, 1744; of the Council 1744-1772, and as President of the
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Mr. Atto; Mr. Wythe, Mr. Nicholas, appd to prepare a Letter to acting Governior from October 15, 1770, to August, 1771. He married Elizabeth, daughter of Nathaniel Burwell, of "Carter's Creek," Gloucester county, and was the father of Thomas Nelson, signer of the Declaration of Independence See R. C M. Page's Page, Nelson, &c., Families, 2d edition. I6o- i66; William and Mary Quarterly, VII, 25-30; Meade's Old Churches and Families of Virginia, 1, 205- 210. 4 Thomas Nelson, of Yorktown, Va. (a brother of William Nelson), was born in 1716 and died in 1782. He was a member of the House of Burgesses for York county 1745-1749, inclusive; of the Council 1749-76, and Secretary of State 1743-76. It appears from the Virginia Gazette (Dixon and Hunter's), of May 6, 1775 that he was then President of the Council. His house at Yorktown was for a time Cornwallis' headquarters; btut was destroyed by the bomnbardment. " Secretary Nelson," as he was usually called, was at Yorktown when the siege commenced; but on October 8th, came out to the Americani lines under a flag of truce. A contemporary writer says that he spoke cheerftully to the officers who gathered arotitnd him, and encouraged them by his description of the great damage the shells were doing in the town. He married Lucy Armistead. . Peter Randolph, of " Chatsworth," Henrico county, born 1713, died July 8, 1767; was appointed to the Council in 1751. and was Surveyor General of the Customs for the Middle District of North America. He was probably not in favor of any radical measures iii opposition to England, as Jefferson says that the morning after Henry's resolutions-the first five-were adopted in 1765, he saw Colonel Peter Randolph sitting at the clerk's table examining the journals to find a precedent for expunging a vote of the House. His will is published in Water's Gleanings. He married Lucy, daughter of Robert Bolling, of Prince George county, and was the father of Beverley Randolph, Governor of Virginia. IIJohn Robinson, of " Mt. Pleasant," King and Qtueen county, was born in Virginia, and died in May, 1766. He was a member of the House of Burgesses for King and Queen county 1736-1766, and Speaker of the House and Treasurer of Virginia 1738-1766. The Virginia Gazette for May i6, 1766, contains the following: "On Sunday last died John Robinson, Esq., a member of the General Assembly for the county of King and Queen. He had been almost thirty years Speaker of the Burgesses, every one allowing to his indisputable merit, not the second, but the first place in that House; which post he filled with sufficient ability, and equal dignity: So that the public is deprived of a most uiseful servant. And the matny amiable virtues which adorned his private
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the agent to acknow: Rec' of his sev" Letters of i9th Novr, I764, station, whilst they consecrate his memory among his friends, dependants, and acquaintance, mark his death as a calamity to be lamented by the unfortunate anid indigent who were wont to be relieved and cherished by his humanity and liberality." His natural abilities, and genial temper, united to the two offices he held, made him long onie of the most influential nmen in Virginia. This easy and generous disposition caused him to be a careless guardian of the public funds, and at his death he was found to be a defaulter for about ,?roo,oou. Much of this was on account of moniey he had loaned to friends. Ultimately the whole was repaid from his great estate. He married (1), Story; (II), Lucy, daughter of Augustine Moore, of "Chelsea;" (II), Susanna, daughter of Colonel John Chiswell. His onily descendants are through his daughter Susanna, who married Robert Nelson, of "MNlalvern Hill," Henrico county. ? Peyton Randolph, of Williamsburg, born 172I, died September 22, 1775, was member of the House of Burgesses for William and Mary College of Williamsburg from 1748 to 1775, continuously; Attorney- General 1748-1766, and Speaker of the House of Burgesses 1767-1775. He was President of the Convention of March, 1774 and 1775, and that of July in the latter year, but resigned the position in August on account of bad health. Was President of the Continental Congress in 1774 and 1775. He married Elizabeth, sister of Benjamin Harrison, the signler of the Declaration of Inidependence, but had no issue. ** Richard Bland, of "Jordan's," Prince George county, born May 6, 17IO, died October 26, 1776. He was a member of the House of Burgesses 1742-1775, continuously; of the Conventions of March, July and December, 1775, and May, 1776; elected member of the Colonial Committee of Correspondence in 1773; of the Committee of Safety 1775, anld of Congress 1774, and re-elected in 1775. Throughout the events producing the Revolution he was one of the leaders of the colony. He was author of " A Letter to the Clergy on the Two-penny Act" (176o), and " Ani Inquiry into the Rights of the British Coloniies " (1766). He married Ann, daughter of Peter Poythress. t t George Wythe, born 1726, in Elizabeth City county, died June 8, i8o6, in Richmond; was a member of the House of Burgesses for Williamsburg 1754-1755, for William and Mary College 1758-1761, and for Elizabeth City couinty 176 1-1768. He appears at the date last mentioned to have retired for some years from public life, and held no other office until elected to Congress. He was a member of that body in 1775 and 1776, and signed the Declaration of Independence. He was chancellor of the State of Virginia and first professor of law in William and Mary College.
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Feb. 7th and i6th, April 4th, and May Ist, 1765. To apprize See biographical sketch prefixed to B. B. Minor's edition of Wythe's Reports, and William and Mary Quarterly, II, 67-69. I t Lewis Burwell, of " Kingsmill, " James City couinty, member of the House of Burgesses for that county from 1758 to 1775, continuously. He married Frances, daughter of Edwin Thacker, of Middlesex county, and is said to have died in 1784. D Dudley Digges, of York county and Williamsburg, was born 1729, and died June 3, 1790. He was a member of the House of Burgesses for York county 1732-1774; of the Convention of 1775-1776; of the Committee of Correspondence and Safety and of the State Council I 776-1780, &c. He married, first, Martha Armistead; second, Elizabeth, daughter of Ralph Wormeley, of " Rosegill," Middlesex county. 0 Robert Carter, of "Nominy Hall," Westmoreland county, born 1728, died Mlarch 4, 18o4, in Baltimore, Md. He was appointed to the Council in 1758. It is believed that shortly before the Revolution he retired from public life and devoted his time to the management of his estate, and to books anid music. After the war he freed most of his slaves, several hundred in number, and removed to Baltimore. He married Frances, daughter of Hon. Benjamin Tasker of Maryland. In regard to him, see the " Diary of Philip Fithian " (Princeton Uniiersity Press), who was a tutor at Nominy Hall just before the Revolution. 0 0 Robert Carter Nicholas, born 1715, died 1780; was a member of the House of Burgesses 1764-1776, Treasurer 1766-1776, member of the Revolutionary Convention, of the House of Delegates 1777-1779; Appointed Judge of the Court of Chancery, and Judge of the Court of Appeals of Virginia. He married Anne, daughter of Col. Wilson Cary, of " Ceeley's " and " Richneck," and was the fatherof W'ilson Cary Nicholas, Governor of Virginia, anid U. S. Senator, and of George Nicholas, so distinguished in Kentucky. It has been deemed proper to give sketches of the ptublic services of the men who formed the Committee of Correspondence of 1764-'65, because their selection as members of that body by the Council and House of Burgesses, shows that they were considered as among the leading men of the two branches of the Assembly. They were, indeed, types of the men who were at the head of aflairs in Virginia just prior to the Revolutionary movement. They were men devoted alike to England and to the rights of the Colonies, and all of them of good character, liberal education, for the time, and of large estates. Blair was educated in Scotland ; the two Nelsons, it is believed, at WVilliam and Mary, as was Peter Randolph. Robinson was probably educated in England, and Peyton Randolpli studied at William and Mary and the Tem-
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him of a spurious Copy of the Resolves* of the last Sess. of Ass. on hearing of the Stamp act being dispersed abt & printed in the News Papers, & to send him a true copy of the Votes on that occasion properly authenticated, to prevent any ill Impress8 from the Spurious copies. To advise him of the Act for continuing him in office, & to thank him for his care & attento to the Intr of America notwithstanding the fatal stamp. Sept. I9. Letter read and signed by: J. Blair, W. Nelson, T. Nelson, Peyton Randolph, Peter Randolph, G. Wythe, R. C. Nicholas, L. Burwell, D. Diggs, Jun. Resolved, That the first adventurers and Settlers of this his Mlajesty's Colony and Dominion of Virginia, brought with them and transmitted to their posterity and other his Majesty's Subjects since inhabiting in this his Majesty's said Coloniy, all the Liberties, Privileges, Franchises and Immunities that have at any Time been held, enjoyed and possessed by the People of Great Britain.. Resolved, That by two Royal Charters granted by King James the first, the Colonists aforesaid are declared entitled to all Liberties, Privileges and Immunities of Denizens, and Natural Subjects to all Intents ple; Richard Bland, at William and Mary and Edinburgh; Wythe and Nicholas, at William and Mary, as, it is thought, were Burwell and Digges; while Carter was educated in England. William Nelson and Nicholas were noted for their devotion to the church. In character, education and manner of life, these typical Virginians of the first rank during this period, were as different as it was possible for men to be from the ignorant and debauched creatures which it has pleased various so-called historianns and biographers to picture as representatives of Virginia colonial character. After 1765 new men came forward, and most of the members of the Committee of Correspondence, who remained, became more radical in their views, and were foremost in the Revolutionary movement as they had been in the peaceful period preceding it. Peyton Randolph, Blatid, Wythe and Nicholas, will always hold a high place in our history, and Digges and Burwell, though in minor places, played their parts well. * See Note 3, at end.
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and Purposes as if they had been abiding anid born within the Realm of England. Resolved, That the Taxation of the People by themselves or by Persons chosen by themselves to represent them, who can only know what Taxes the people are able to bear, or the easiest Method of raising them, anld must themselves be affected by every Tax laid on the People, is the only Security against a burthensome Taxation, and the distinguishing characteristics of British Freedom, without which the ancient Constitution cannot exist. Resolved, That his Majesty's liege People of this his most antient and loyal Colony, have without Interruption enjoyed the inestimable Right of being governed by such Laws respecting their internal polity and Taxation, as are derived from their own Consent, with the approbation of their Sovereign or his Substitute, and that the same hath never been forfeited or yielded up, but hath been constanitly recogniized by the kings and people of Great Britain.
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==Article text, April 1903==

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'''PROCEEDINGS OF THE VIRGINIA COMMITTEE<br/>OF CORRESPONDENCE, 1759-'67'''
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From the originals in the Virginia State Archives
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[At the February session, 1759, of the General Assembly of Virginia, Edward Montague, Esq., of the Middle Temple, was appointed the agent for the colony in England, and a committee, termed the Committee of Correspondence, composed of members of the Council and House of Burgesses, was appointed to transact all business with him. The agent was to support before the English government any laws passed in Virginia in regard to which there might be any question of approval, and was generally to represent the interests of the colony in England. Therefore, the correspondence between the committee and the agent must be of value as throwing light on the history of the period. Two letters from the committee, found amnong the Legislative papers, have been published in Vol. IX of this Magazine, pp. 353-360. See same Vol., pp. 355-359 and 364, for a note on the Committee of Correspondence and biographical sketches of its menmbers. Francis Fauquier became governor of Virginia on June 7, 1758, and held the office until his death, on March 3d, 1768.
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Sessions of Assembly were held in September and November, 1758; February and November, 1759; March, May and October, 1760, and March, 176I.] PROCEEDINGS OF THE COM. OF CORRESPONDENCE, MAY 2D, 1759. At a Meeting of the Committee for corresponding with the Agent appointed to sollicit the Affairs of this Colony in Great Britain, held at the Capitol in Williamsburg, May 2d, 1759. Present: The hon'ble William Nelson, Esq', Chairman, the hon'ble Thomas Nelson, Philip Grymes & Peter Randolph, Esq", John Robinson, Peyton Randolph, Robt. Carter Nicholas, and George Wythe, Esq". Resolved, That George Davenport be appointed Clerk of this Committee. Resolved, That a Letter be wrote to Edward Montague, Esq'. the Agent for this Colony, with a Copy of the Act of Assembly appointing him agent: And that a Copy of the Representation formerly sent by the Assembly to Mr. Secretary Pitt, be transmitted to him therewith. Resolved, That Application be made to the Governor for Copies of the several Letters wrote by Mr. Secretary Pitt, in Relation to the Application to be made to Parliament in behalf of this Colony, and that they be sent Home to the Agent to enable him to sollicit for the proportion of Money granted, and to be granted by Parliament, for reimbursing this Colony the Money they have expended. Resolved, That the Agent be instructed to use his Endeavours to get the King's Assent to an Act of Assembly past in the 22d Year of his Majesty's Reign intituled "An Act for settling the Titles and Bounds of Lands, and for preventing unlawful hunting and Ranging." And that the Clerk apply to Mr. Palmer for a Copy of the Reasons that were drawn up in order to be sent home, in Support of the said Act of Assembly. Resolved, That the Agent be instructed not to shew the Act of Assembly for appointing him Agent, before all the Acts passed the last Session of Assembly are transmitted by the Governor to the Board of Trade.
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And as there is some Reason for apprehending Attempts may made for repealing the said Act, that the Agent be directed to use his utmost Endeavours to prevent the same, and be made acquainted with the Reasons of an Agent being appointed by this Colony. Resolved, That the Agent be instructed to use his utmost Endeavours to prevent any additional Duty on Tobacco, and that he be furnished with Reasons for opposing the same. Resolved, That the Agent be instructed to get a Copy of the Account of Mr. Dinwiddie's Disposition of the ?20,000 granted by his Majesty, for the Use of this Colony, which he says he has passed with the Treasury, and that he procure, and send over, Copies of the Vouchers by which the same was passed. Resolved, That the hon'ble William Nelson and Thomas Nelson, Esq-, & John Robinson and Peyton Randolph, Esq", do prepare a Letter to be transmitted to the said Agent, in pursuance of the aforegoing Resolutions. A Copy. GEo. DAVENPORT, Clk. Com. PROCEEDINGS OF THE COM. OF CORRESPONDENCE NOV'R 7,. I759. At a Meeting of the Com. of Correspondence held at the Capital Nov" 7th. 1759. Present: The hon'ble William Nelson, Philip Grymes & Peter Randolph, Esqr6, John Robinson, Peyton Randolph, Charles Carter, Landon Carter & Richd Bland, Esq". It appearing to this Comittee that a Letter hath not yet been sent home to the Agent for this Colony, pursuant to the Resolutions of the former Committees, it is therefore Resolved, That a Letter be prepared to be sent Home to the said Agent. by Mr. Speaker, Mr. Attorney, Mr. Charles Carter, Mr Landon Carter and Mr. Bland, to he laid before this Comnittee at their next meeting. Resolved, That the Gent. appointed to prepare the said Letter be inistructed to inform the said Agent of the Reasons that prev'ailed with the Legislature of this Colony to pass the Act made in the thirty second Year of the Reign of his present Majesty, intituled An Act to enable the Inhabitants of this Colony to dis
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in Money for the ensuing Year. Resolved, That it be a Direction to the Gent. above appointed to prepare the said Letter to the Agent, to omit taking any Notice in the said Letter of the Directions of the former Committee, whereby the said Agent was required not to shew the Act 6f Assemibly of this Colony appointing him to his Office, before all the Acts passed at the last Session of Assembly should be transmitted by the Governor to the Board of Trade; And that they be discharged from furnishing the Agent with Instructions to prevent an additional Duty on Tobacco, as was directed by this Comittee at their fornmer Meeting, it appearing to this Comittee that such a Duty hath already taken place. Ordered, That the Committee be adjourned to Wednesday next at IO o'Clock. A Copy. G. DAVENPORT, Clk. Com. AT A COMMITTEE OF CORRESPONDENCE HELD AT THE CAPITOL NOV'R 14TH, 1759. Present: The hon'ble William Nelson, Thomas Nelson, Philip Grymes & Peter Randolph, Esq'8, John Robinson, Charles Carter, Richard Bland, Landon Carter, George Wythe & R. C. Nicholas, Es;qT'. Mr. Nelson infornmed the Committee that the Revd Mr. John Camm * Minister of the Parish of York hampton hath latelv commenced a Suit at Law against the Collectors of that Parish to recover his Salary in Tobacco, in Opposition to the Act of Ass: made in the xxxiii Year of his Majesty's Reign intituile(i An Act to enable the Inhabitants of this Colony to discharge their public Dues, Officer's Fees & other Tobo Debts in Money for the ensuing Year. He therefore desired the Opinion of the Coni. whether this Matter is not of so public a Nature (whereini the Power of the Legislature of this Colony in making temporary Laws for the public Weal will be called in Question) as to nmerit their particular Attention, and if need be, their Aid & Assistance in contribuLting to the Expences that may accrue in *See note at enid of article.
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defending the said Suit either here [or] in Great Britain, as such Expenses may be to heavy to be borne by that Parish. After Consideration whereof, it. is the Opinion of this Committee, and accordingly Resolved, That this Matter be proposed to the Consideration of the House of Burtgesses, and their Opinion desired there- UPOII. The Commnittee appointed to prepare the Letter to the Agent in pursuance of the Resolutions of the Com. at their last Meeting not having compleated the samie Ordd, That the Com. be adjd to Saturday morning next. SATURDAY NOV'R 17, 1759. Present: The hon'ble W. Nelsoni Thomr Nelson & Ph. Grymnes, Esq"r, Jno. Robinson, Ch' Carter, Rd Bland & R. C. Nicholas, Esq . The Letter to the Agent not being yet finished pursuant to the former Resolute Ordd, That. ye Com. be adjd to Monday morning next. AT A COM. HELD AT THE CAPITOL ON MONDAY I9 NOV'R, 1759. Present: The hon'ble W. Nelson, T. Nelson, P. Grymes & Peter Randolph, Esqr, John Robinson, Rich' Bland, G. Wythe & R. C. Nicholas, Esq"'. The Comn. appointed this day preseinted a Letter they had prepared with Instructions to the Agent agreeable to their foriner ResoluLtions, to which sev' Amendments being proposed & agreed to, Mr. Speaker was desired to reduce the same into form. Ordd, That ye Corn. be adjd till Tomorrow. NoV'R 20TH. Present: As before. Mr. Speaker informing the Com. that he had not suff' time since yesterday to draw up the amendnments proposed to the Letter to the Agent, Ordd, That ye Com. be adjd.till Tomorrow.
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LETTER TQ THE AGENT, DEC., 1759. Williamsburg, Dec" I 2th, 1759. Sir,-The General Assembly of Virginia has by an Act passed the 14th of April, 1759, intituled "An Act for appointing an Agent " a Copy of which is herewith inclosed, been pleased to appoint you the Agent of this Colony, & directed their Treasurer to pay you yearly the Sum of ?50o sterling, in full for your Expenses & Trouble in the Execution of your Duty. The Appointment of such an Officer to represent the Grievances of the People, to justify their Conduct to their Sovereign. to obtain his Approbation & Assent to such Laws as their Rep. resentatives shall think necessary for their Welfare and good Government, to implore his Assistance in the time of Danger and Calanmity, and to protect and explain their Rights & Interest ill Parliament, seem to be the natural Privilege of all Colonies, so far remov'd from their King and Mother Country. Yet the People of this Colony have had the Misfortune allways to be disappointed in . their Endeavours to attain this Right, tho universally claim'd, and enjoy'd by all his Majesty's other Colonies anid have been obliged to depend for these great and important Services on an Agent appointed by the Governor and Council, who for want of the Weight which a national Establishment would have given hinm, the Authority which must necessarily be derived from every Power of the Legislature, the Instructions when and for what Reasons he should interpose, must have beeni very deficient in his Duty, when considered as regarding the whole. Besides sonletimes diflerent Initerests arise ailmongst the different Branches of the Legislature, different Instructions then become necessary; an Agent so appointed is obliged to obey those by whom he is appointed, and by the plainest Consequence in Affairs of the greatest Moment, the Body of the people nmay be left without the Shadow of a Representative. It is to our not having a Representative properly appointed and instructed, that we in a great Measure attribute the passing an Act of Parliament for laying a Duty on our Tobacco, the Staple of this Colony (in the present State of the Tobacco Tr-de, a great Grievance to the people), and the Repeal of several
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Laws, thought to be very saltitary. But these are Misfortunes which can now perhaps be only lamented and not redressed. We being by the same Act apppointed a Committee to correspond with the Agent, must now desire you to take this Office upon you, and that you will take Care allways to he ready to prevent the Repeal of Laws passed by the Legislature, the Reasonis for which, will be from time to time transmitted to you by us; to support any Representations which it may be necessary to make, and for that Purpose will not fail to attend them thro' the several Boards to which they may be referred; To give early Intelligence of anything that may be moved in Parliament, or the Department for American Affairs to this Committee; And in all things relative to this Colony, to use your best Endeavours, according to your Discretion, to protect her Rights and secure her Interest. We must desire you immediately to join in any Solicitations which may be made, for a Grant of a Sum of Money, to reimburse the Colonies, in some measure, for the great Expence they have been at during this War, agreeable to the Promise made by Mr. Secretary Pitt, in his Letters of the gth & 29th of Decenmber, 1758, to the Governor, and by him laid before the Assemiibly, Copies whereof are inclosed. And if any such Grant shall be made, to endeavour to get as large a proportion of the same as the persons appointed to distribute it shall think we deserve; And that you may be able to shew what our Expence has been, we have minuted down the several Sums that have been raised in this Colony, and the Purposes for whlich they were raised in a particular Account * thereof herewith sent, and to which we refer you. Also that youi use your best Endeavours to get the Kinig's Assent to an Act of Assembly passed in the 22d Year of his present Majesty's Reign, intitd "An Act for settling the Titles and Bounds of Lands and for preventing unlawful Hunting and Ranging," which having a suspending Clause, cannot take Effect till this is done. This Act was passed upon the Revisal of all the other Laws of this Colony, and the chief Intention of it was to reduce the sev- * Not found.
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eral Acts relating to the Conveyance, taking up, settling, savinig & cultivating of Lands, into one Act; and also an Act prescribing the method of docking the Intails of Land of no greater Value than /200 sterling, by a Writ, called a Writ of Ad quod Damniuni. To most of the other Acts passed at the same timiie his Majesty was pleased to give his Assent. But this Act was laid by, as we imagine, to be considered, whether his Majesty's Right of granting Land was affected thereby. And as it will appear by the several Amiiendments hereafter mentioned, that nothing of that Sort was intended, or affected by them, we conclude that it is enitirely owing to a want of a proper Application, that his Majesty's Assenit has not, lonig since, been obtained thereto. The several Acts it takes in are as follow: An Act for settling the Titles and Bounds of Land, and for preventing unlawful Shooting & Ranginig thereon. 9 Anne, Cap. 13. An Act to prevent Lanid lapsing from an Infant for not seatinig and planting, or not paying Quit Rents, until three Years after they come of Age. r I Anne, Cap. 4. An Act declarinig what shall be accounited a sufficient Seating, cultivatinig & improving of Lands, already granted, or hereafter to be taken up and patented. 12 Anne, Cap. 13. An Act explaining & further declaring what shall be accounted a sufficient Seating & Improvemenit of to save Lands from lapsing, and for the better Recovery of Lanids lapsed from Persons living out of the Country. 7 Geo. i, Cap. 3. An Act for amending the Act intituled An Act for settling the Titles and Bounds of Lands, and for preventing unlawful Shooting and Ranging thereupon. 8 Geo. 2, Cap. 6. An Act for the better Preservation of the Breed of Deer, & preventing unlawful Hunting. 12 Geo. 2, Cap. 14. An Act for amending the Act intituled An Act for settling the Titles and Bounds of Lands and for preventing unlawfuil Shooting and Ranging thereupon. i8 Geo. 2, Cap. I4. By perusing these Acts, you will find that no Alterations are made by this Act, except in a few Instances. In the Act of the 8 Geo. 2, Cap. 6, which is the Act that
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directs the Method of docking Intails of Land of no greater Value than ?J200 Sterling, these are the Alterations made. i. It directs that the Surveyor of the County where the Land lies, shall survey the Land, in Order to satisfy the Jury, who are sworn pursuant to the Directions of the Writ of Ad quod Damnum, what Land precisely thev are to value. 2. It directs that the Heir shall be summoned, to give him an Oportunity of detecting any Fraud that may be committed on the Execution of this Writ. 3. It confirms the Title of those who had proved their Deeds in the County Court. By the Act of the 8th Geo. 2, Cap 6, the Deeds of Conveyance for the intailed Lands docked under said Act were ordered to be recorded in the General Court. But the Lawyers here were of Opinion, as other Acts gave the County Courts full Jurisdiction to receive the Proof or Acknowledgement of Deeds of Land within their County, that the Purchasers of these intailed Lands might safely prove theit Deeds in those Courts. The Assembly finding that this might occasion many Law-suits, and might possibly defeat the Titles of many fair Purchasers, thought it was agreeable to Justice and Equity to confirm such Titles. This Act of the 8th Geo. 2, was the only Act that had received his Majesty's Assent, anid was the Reason for adding the suspending Clause. The only Alterations made in. any of the other Acts, are in the Act of the 7th Geo. Ist, Chap. 3, by reducing the sum for saving Fifty Acres from Ten pounds to Five, and by limitting the time for bringing Petitions to ten Years, which was not mentioned in either of the above Acts. By our Instruction sent to the Governor of this Colony, the Assembly finds that the Merchants of Great Britain are still dissatisfied with the making Treasury Notes (issued pursuant to the several Acts of Assembly for the Defence of the Colony), a proper Tender for Sterling Debts. Before the Year I748, there was no Law subsisting to direct at what rate of Exchange sterling Debts should be paid. The Consequence of this was that the Sherifs when they levied Money by Execution on Sterling Judgments demanded of the Debtors
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what Exchange they thought proper, to the great Oppression of the people, and without any Advantage to the Person who had ob)tained the Judgm'. The Assembly thought it very proper to put a Stop to such unjust Proceedings, and passed an Act in the Year 1748, 22d Geo. 2, Cap. 12, intituled "An Act declaring the Law concerning Executions and for Relief of insolvent Debtors," by which they directed that all Executions for Sterling Money should be levied at twenty five per Cent., the real Difference of Money, and no more than the Difference of Exchange at the time the Act passed. The Merchants of Great Britain complaining of this Act, and representing that they should be considerable Losers when Exchange should rise above twenty five per Cent., the Assembly took the same into their Consideration, and endeavoured to provide a Remedy which might prevenit any further Murmurs. They considered that as Exchange is a fluctuating thing they could not do Justice to sterling Creditors by fixing the Exchange at any certain Standard. They therefore passed an Act to impower the Courts where JuLdgmnents should be obtained for sterling Money, to settle at the Foot of the Judgment, at wvhat Rate of Exchange the same should be discharged; This will enable the English Merchants to bring their Money Home, without any Loss, let the Exchange rise to what it will, unless the Courts should be guilty of flagrant Injustice by settling the Exchange lower than Bills of Exchange can be purchased for, as it is notoiious they lhave always fixed it at the very highest Rate. One Reason for issuing Treasury Notes was, hecause all the Gold and Silver of the Country had been drawn away by the Armies to the Northward, and it would have been the greatest Grievance that ever People underwent, to make themn receive this Sort of Money for Debts due to them, and not allow them to discharge the Debts due from them in the same, when it was impossible to exchange it for any other; And this as appears from what has been said above is as good as any other to the Merchants in Great Britain. They were under a Necessity of making these Notes or Bills of Exchange a proper Tender for Sterling Debts, and there can be no Doubt that the English Merchants would chuse the former.
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You will, we hope, endeavour to prevent any ill Consequences from these Complaints, and that you may be prepared for that Purpose, we must refer you to the Representation of the Burgesses of Virginia to his Majesty, a Copy whereof is inclosed, anid also to a Paper containing fiurther Reasons on this Subject. You are desired to get a Copy of the Account of Mr. Dinwiddie's Disposition of the /20.000 granted by his Majesty for the use of thic Colony, passed with the Treasury, and to send the same to this Committee with Copies of the Vouchers by which the same was passed. We must refer you to the Representation above-mentioned on this Poinit, by which you will easily discover our Reasons for this Request. Be pleased to take Notice, that this Representation is not to be presented to his Majesty, as it has already been delivered to Mr. Secretary Pitt, and is only intended to instruct yotu in the several Matters now reconmnmended to you. *As we have not seen a certain Remonstrance drawn up by soine Clergymen of this Colony, supported as it is said by the ILord Bishop of London, & presented to the Board of Trade, against an Act of Assembly passed here, intituled " An Act to enable the Inhabitants of this Colony to discharge their public Dues, Officers Fees, and other Tobacco Debts in Money for the ensuing Year," and are unacquainted with any Reports or Determininations that have been made on that, or any other Act of' Assem)bly complained of in that Remonstrance, we cannot give you our Opinion and Instructions so fully on this Head, as we should otherwise chuse. But we persuade ourselves that by stating to you the Reasons that governed in the passing of that Act, you will be sufficiently enabled to remoive the Imputations of Arbytraryness and Disloyalty, which from comon Rumour we collect, have been aimed at in that Remonstrance, to the great Abuse of the Legislature, and Injury of the Country, if it has been in any manner countenanced, as it will be establishing a Precedent for Mal-Contents of every Kind (with which no doubt all Communities abound) to endeavour to weaken one of the principal Instruments of the Civil Power, by private Misrepreseitations of things. * See note at end of artic
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By the Constitutioii which we have hitherto enjoyed, every Act that receives the Consent of the Governor, Council and Burgesses of the (Colony obtains the Force of a Law aimiongst us, until his Majesty shall thinik proper by Proclamation to declare his Disapprobation. And if there are any Acts enideavoured at that iinterfere wich any general or particular Instructioi to the Governior, sLICh (if by a Change of Circumiistanices whiclh are ever fluctuatinig) they are thought benieficial to the Comnmunity, are always eniacted without any Force or Effect as a Law, until his Majesty's Pleasure shall be known, bv a suspendiing Clause in the Act. Further, if his Majesty shall at any timiie think proper to give his Assent to any subsisting Act of Assembly, stuch Act theni obtainis such a Degree of Firminess in the Constitution, as it caninot be altered by anly subsequent Act witlhout tthe concurring Conisent of all the several Branches that conIstituted it. And these Rules of Proceeding have been sacredly observed by the Legislature of this Colony, thro' a dutiful Regard as well to the Royal Autlhority, as to the Preservation of the Constitution. Tobacco is the Staple, and indeed only Coimmodity in the Coutitry, fromii whenlce any tollerable Profit canl arise. To this 'tis to be presumed it is owing, that nmost of our Taxes and Salaries, &c., of a public Nature were made leviable in Tobacco 'till the present War, in which as the immediate Wantof Money made the Emiiission of a paper Currency unavoidable, the Taxes were necessarily laid in Money. that so nmuch of such emitted Paper should aninually be sunk, by repayinlg it into the Treasury fromli whence it was made issuable. The several fees therefore due to the Clerks of the Courts of Justice, and other Officers in this Colony have been fronm long Conitinuance paid in Tobacco. It nmust be observed, that when the Salaries of the Clergy wer-e first settled at I6,ooo lbs. of Tobacco that Commodity was rated at ios. sterling '# hundred, which made their Provision Eighty Pounds sterling per Annunm. In the Year 1748, when the Laws of the Country were revised, the Act which established the Salaries of the Clergy was re-enacted with such Amiendments in their favour, that remioved all Doubts as to their temporal Rights for Want of Iniductioni and indeed greatly added to the Value
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of their Salaries. For as Tobacco was at that time under a public Inspection, and the price of it raised at Market as the necessary Consequence of burning that which was bad, the Assembly gave the Clergy in that Act a further Levy on their Parishioners of four Pounds in the hundred, to answer the Deductions then thought necessary to be made, between the paying into the Warehouses, and receiving the same out again, which you will find called in the Act Shrinkage, an Article paid by all other Claimers whatsoever from the public, which Act amonigst many others received the Royal Assent, without any particular Application from this Colony. This Act, tho' made so much in Favour of the Clergy it seenms has been by them construed into a disloyal Attack on his Majesty's Prerogative, and the Bishop of London, we are informed, has in a Letter to the Lords of Trade, been pleased to represent it as taking a large Stride that Way, because as he says, the Right of Presentation is by the Act taken from his Majesty, and declared to be in the Vestries, tho' it is certain the Vestries always before the passing of that Act enjoyed that Right, and the Design of the Act plainly appears to be, only to extend the time of Presentation from Six Months, as it is in England, to twelve, and the lengthening the time must appear to be extreemly reasonable, when it is considered that from the Scarcity of Clergymen in this Colony, the Parishes generally remain vacant 'til a Minister can be procured fronm England. The Crop of Tobacco in 1758 was so universally short that Petitions from all Parts of the Country were presented to the Assembly, to desire Relief against the possible Exactions of Creditors both public and private. As this was an Evil justly to be dreaded, the Legislature with every prudent Precaution, made all Debts, Fees, Salaries, &C., payable in Tobacco, at the Option of the Debtor, after the Rate of two pence per pound for transfer Tobacco, provided the same were paid within a certain limitted Time, governed by the most early Expectations of the new Crop. And as the time setiled by Law for the payment of the Clergymen's Salaries was so near at Hand, presuning it consistent with the Principles of commion Justice, that every Individual of the Comnmuniity considered as a Creditor, whose Debts must really have arisen from
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the Expectations of common Crops, ought to Restriction, they made no Exceptioni as to the Act in 1748. This, we are informed, has been represented by the Clergy to the Lords of Trade, as a Deviation from the before mentioned Rule of the Constitution and derogatory to the Royal Authority, tho' we can conceive, that on a fair and thorough Examination of the matter, the contrary will appear, and in the unhappy Circumstances the Country was in at that time, be looked upon rather as an Aid to, than a Deviation from that Act. And we have the greatest Reason to be confirined in that Opinion, as several Acts have heretofore been passed for the same purpose, which have from time to time been regularly transinitted to the Lords of Trade, and by them referred to their Solicitor, which certainly would [not?] have been done, had they appeared to their Lordships in the Light they are now represented. The first of these Acts was passed in the 27th Year of his Majesty's Reign, Chap. 8. intituled "An Act for paying the Minister in the Parish of Frederick in the County of Frederick, and of Augusta in the County of Augusta, and of Hampshire in the County of Hamlipsh' One hundred Pounds annually, instead of the Salaries now allowed" Another passed in the sanme Year Chap. Xo. intit" "An Act for allowing the Inhabitants of the Counties of Halifax, Hampshire and Bedford to discharge their public Dues and Officer's Fees in Money instead of Tobacco." And another passed in the 28th Year of his Majesty's Reign, Chap. I7 (I755) intituled "An Act for enabling the Inhabitants of the Counties of Princess Anne and Norfolk to pay their public Dues in noney." These Acts. tho' apparently passed in Favour of the Ministers of the several Parishes, and at the Prayer of some of thenm, have been lately represented by some of the Clergy to their Lordships. in the same unfavourable Light as the Act in 1748, and the Repeal of themii been obtained by their Solicitations, tho' the Ministers for whose Beniefit they were nmade, will be great Sufferers by such Repeal. Another Act also passed in the 29th year of his Majesty's Reign (I755 Chap. 7) intituled "An Act to enable the Inhabitants of this Colony to discharge their Tobacco Debts in Money
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for this present Year," by which the same Provision was made for paying the public Tobacco Creditors in Money, as in the aforementioned Act in I758 now complained of. The Clergy it seems alledge that the Act in 1758 was made only to serve the Rich, and have couloured over their uncharitable Clamour by saying that the Poor would have been more effectually relieved without the Law, because, that as Clergymen, had they been permitted to receive from the Rich the real Value of their Tobacco, they would have been able to have taken much less than two pence per pounnd from the poor; But as essential as Truth may be to their Order, they have in such an Assertion suffered themselves to forget it. The General Assembly was composed of many public Officers. some Claimers from the public, and many Landlords, whose Fees, Claims and Rents were payable in Tobacco, and many of them of greater Amount than the Salary of a Clergyman. How then can this their Argument be reconciled to Truth? Could not each of these rich Men, as they call them, have demanded of their Debtors in the same exorbitant Proportion, as the Clergy should of them, and had they even consulted their own Interest in the Affair, would not the Ballance,-had there been no regulating Law at all-have been greatly in their favour ? And as all other public Officers, Claimers from the public & Landlords (tho' not of the General Assembly) to say nothing of private Creditors who must generally have contracted their Accounts or Bargains under the Probability of usual Crops) must have had a right to partake in this grand Scheme of Extortion, can it be doubted that the poor alone was the Object of the Legislature's Concern ? But to go a little further with this Argument of theirs: Suppose the Clergy alone on Account of the Royal Assent's being obtained to the Act in 1748, had been exempted, and there was indisputably such a general Piety of Disposition amongst tbem, how could this Charity have been extended ? That Act, at the same time it gives their Salaries, directs the method of levying, collecting, &c., of the same, and to have altered it in one Instance must certainly have been as criminal as in another. In this Case, they could only have contracted with their Collectors at a price for their whole Salaries, and it
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would but in most Cases have removed the Method of Exaction from the Clergy to the Collectors: For it must be observed, that tho' the whole Crop of Tobacco made in the Year 1758, was more than sufficient to pay the Ministers' Salaries and other Parish Creditors, who have the same Right with the Clergy under the Law in I748, yet there were Multitudes who did not make enough to answer that Purpose, and those who did make it, could not be compelled to sell to those who had none, the Consequence of which (if no Provision had been made) must have been, that the Collectors would have made Distress upon the poor unhappy Sufferers, and as their Goods & Effects could not be sold for anything but Tobacco, and as there were so few that had any of that Commodity to purchase with, the Goods and Effects must have been either sold at a very low Rate, or remain in the Hands of the Collectors for want of Purchasers, whereby the Poor would have been great Sufferers, and the Clergy not in the least benefited by it. The whole of this therefore is but a thin Varnish, and leaves too much Room to suspect, from the very nature of murmuring in such Cases, that they themselves rather wanted an Oportunity of feasting as largely as they could on all, both rich and poor. These are the Arguments that may be justly brought to vindicate the Legislature, and confute the Complainants; and as it is impossible but they must have known that things would appear in this Light, when impartially examined into, we cannot but think that the Act complained of, is but the studied Occasion of Contention to effect some other Purpose, still latent. We know not how far the Affair may have been carried, or whether the Matter can again be laid before the Lords of Trade or any other Board for a Rehearing, but we hope at least, you may have an Oportunity of removing any injurious Censure that may have been passed, and put a Stop to all future Representations till the Country can be heard on the several Matters of Complaint; And we doubt not but they will appear to be fully justified in their Proceedings both to their King and Country. As the Country looks upon it as their Duty (since the Act of Assembly complained of by the Clergy hath had its Effect) to support the Execution of it, by protecting the Parishes in the Suits that may be brought against them on the Act in 1748, We
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further direct you to employ proper Persons to defend the Vestries or Collectors against any Proceedings that may be carded to England, in a Suit that is just brouight by one Mr. Camm, the Minister of York-hampton Parish in the County of York, and the Expences attending the same will be remitted to you on the first Notice. We have nothing further to add, but to desire of you if it should not be agreeable to you to engage in this Business as Agent, that you will be so kind as to officiate in Behalf of this Country, 'till we can have Notice of your Refusal to appoint some other Gentleman, and in particular to watch and oppose every Attempt that shall be endeavoured at to repeal this Act for appointing an Agent, as we have Reason to ex.pect some Efforts will be made that Way. You are desired to give the earliest Intelligence of any thing that may come to your Knowledge, relative to, or in any manner affecting the Interest of this Colony, and of all your Proceedings in the Execution of the Trust reposed in you, to this Committee, in order to which it is recommended to you to send your Dispatches by the Packet to New York, from whence they may be safely conveyed hither by the Post, if no better Oportunity should offer; And you are further desired to inclose your Dispatches to the Hon'ble William Nelson, Esq', at York Town in Virginia, by whom they will be communicated to this Committee. Weare Sir, Your nmost humble Servants, Wm. Nelson, Thos. Nelson, Philip Grymes, Richard Bland, Ben. Waller, Ro. C. Nicholas, (TO BE CONTINUED) NOTE. Mr. Camm's suit was caused by the passage of the famous "Two Penny Act," which for a number of years produced so much agitation in Virginia.
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The General Assembly at the September session, 1755, induced by the failure of the tobacco crop, and the needs of the colony, arising from the French and Indian War, passed an act authorizing all debts due in tobacco to be paid either in that commodity, or in money at the rate of eighteen shillings and eight pence per hundred pounds. Though some complainits were made there was no legal opposition to this law. Again, in September, I758, for the same reasons, the law was re-enacted, with a provision that it was to be in force for one year. The act provided that it should be " lawful for any person or persons, from whom any tobacco is due by judgement, for rent, by bond, or upon any contract, or for public, county or parish levies, or for any secretarys', clerks', sheriffs', surveyors' or other officers' fees, or by any other ways or means whatsoever, to pay and satisfy the same in tobacco * * * or in money, at the rate of sixteen shillings and eight pence for every hundred pounds of nett tobacco." (Heninig 7, 240.) As the rate fixedl was two pence per pound, the law became known as " The Two Penny Act." The law was general in its provisions; but resistance and objection came only from the parish ministers. Since as early as I696 the salaries of the clergy had been sixteen thousand pounds of tobacco a year, and this amount had been confirmed in 1748 by an act, which had received the King's assent. Two pence per pound was the normal price of tobacco, but in 1755 and 1758 the crops were very sinall and the price went tul) to six pence. The clergy then demanded that they should have the advantage of the rise in the market. Under the royal instructions no law which had received the King's approbation could be repealed by a colonial assembly unless the repealing law contained a clause suspending its action until the King's pleasure should be known. As such a suspension would have nullified the purpose of the act of 1758, the Virginia Assembly omitted the suspending clause. It was claimed by the clergy that the latter act repealed that of I748, and that the violation of the royal instructions in omitting the suspendinig clause rendered the act of I758 null and void. A heated controversy soon began, the leader on the part of the clergy being Rev. John Camm, minister of York-Hampton
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parish, who was answered by Richard Bland and Landon Carter in behalf of the Assembly. Rev. Andrew Burnaby, an English clergyman, who was in Virginia at the time, while disapproving the conduct of the Assembly, condemned the violence of most of the clergy, and their disrespectful treatment of the Governor, and of their Commissary, Rev. William Robinson, who had urged them to moderate measures. A convention of the clergy was held and Mr. Camm was sent to England as their representative. On August IO, 1759, he obtained an order of the Privy Council declaring the act of 1758 illegal and was told that this order would make the act v'id ab initio. He thereupon returned to Virginia and brought suit in York County Court to recover the full market value of his salary. Losing his case in the County Court he appealed to the General Court, where he met the same fate, the latter court holding that the act of 1758 was in force until the date of the King's veto. The persistent clergyman then appealed to the Privy Council in England, but when his case was heard in 1767, it was dismissed on some technicality. It was a common belief at the time that this was a mere pretext, and that the English government was unwilling, so soon after the repeal of the Stamp Act, to give any Colony further cause for irritation. While Mr. Camm's case was pending various other minister's sued their vestries with small results. The most celebrated of these was the " Parsons' Cause " in Hanover county in December, 1762, when Patrick Henry, as counsel for the defendants, first sprung into public note by the eloquence and boldness with which he stated the rights of the people. The long agitation over the " Two-Penny Act," thus ended practically in the entire defeat of the claims of the clergy. It was of more momentous importance than this, for Mr. Henry (Life of Patrick Henry, I, 46) has well summed up the results when he states that not only did the clergy find that " they had greatly weakened their hold upon the public, and had given a fresh impulse to the spirit of dissent already grown strong in the colony; " but also that " the struggle greatly strained the bond between the King and the colonists, and was the prelude to the combat that snapped that bond asunder." For details of these acts and the connected events, see Henry's
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Life of Patrick Henry, I, 28-48; Campbell's History of Virginia, 507-5I8; Cobb's Rise of Religious Liberty in America, io8-iit; Meade's Old Churches andFamilies of Virginia, I, 2i6-225, and (especially for documents showing the clergy's side of the case) Perry's Papers Relating to the History of the Church in Virginia, 434-448, 458-501, 506-5i9. Rev. John Camm was son of Thomas Cariom, of Hornsea, Yorkshire, England. Born in 17I8, he took his B. A. degree at Trinity College, Cambridge, in 1741-42, and came to Virginia in or before I745, when he was minister of Newport Parish, Isle of Wight county. In 1749 he was appoined professor of divinity in William and Mary College, and was its President from I771 to 1777, when he was removed by the Board of Visitors on account of his sympathy with England. He died in 1779, and has many descendants. For account of John Camm and his family see William and Mary Quarterly, IV, 6I-62, 275-278.
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==Article text, July 1903==
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PROCEEDINGS OF THE VIRGINIA COMMITTEE OF CORRESPONDENCE, I759-'67. From the Originals in the Virginia State Archives. (CONTINUED) [DEFENCE OF THE VIRGINIA PAPER CURRENCY.] [Endorsement.] Instructions to the Agent in Defence of the paper Currency * of Virginia, referred to by the Letter from the Com'ee of Cor- respondence of the I2th Decr, 1759. *There is a discussion of the paper money of the Colony of Virginia in Ripley's Finantcial History of Virginzia, pages 153-i62. The author, in conclusion, says that the record of Virginia's first experience with paper money " was on the whole a creditable one." * * * " But we must remember the distress of the times, and the heroic exertions of the colony during the [French and Indian] war. In view of these facts, the moderation and foresight of her statesmen is in marked contrast with the reckliess financiering of some of the other colonies both north and south. " Richard Bland, in a letter written in I771 (and printed in this Magazine,. VI, 127-134), says that the English merchants, at first bitterly op- posed the issue, but that at the time he was writing they were the warm- est solicitors of the Assembly for that very species of money. He also states that of ?75o,ooo treasury notes which were issued during the war,, it was probable that only the amount of ,?6o,ooo was outstanding.
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We are informed that the Merchants of Great Britain are much alarmed at our Assembly's passing some Acts for emitting large Quantities of Paper Money, which is made a legal Tender for alL Debts (the King's Quit-rents excepted) and they are very appre- hensive that they may be great Sufferers thereby, in collecting their Debts due here. These Apprehensions of the Merchants proceed from a mis- taken Notion of our having a Law in force for paying off sterl- ing Debts in Current Money at 25 # Cent Exchanige. No Loss can arise to the Merch"' from making this paper Money a legal Tender for Sterling Debts as the Law now stands, and they are in a much better Condition & less liable to Losses in collecting their Debts, than if nothing but sterling or lawful Money of Great Britain were held a Tender for such Debts, as by the Act of the 6th of Queen Anne, which they so much rely on to be a good precedent in such Case. If this can be shewn, it is to be hoped the Gent in the Trade will be satisfied that there is no Necessity to sollicit their Menmo- rial so far as to procure an Instruction about this Matter. True it is, that before this War, and when Exche was rarely above 25 e Cent, we had a Law to settle the payment of Judg- ments for Sterling Debts at that Rate, and it was passed to pre- vent Disputes about the Exchange, and as a Direction to the Sherifs in levying Executions on these Judgments. There was likewise a further View; to prevent Creditors from taking an un- reasonable Advantage of the Necessity of the Debtor for his forbearing to execute the Judgenient perhaps io or I5 et Cent above the then Current Exchange which, as it was a kind of Traffick about Bills of Exche did not come under the penalties of our Laws against Usury or at least was hard to be come at, & pun- ished by them. But when at the breaking out of the present War, Exche began to rise, or rather it was forseen that it would do so, and it was found that Injustice would be done to many, especially the Merchants in Great Britain, if that Law remained in force, it was repealed by an Act of the 28th Geo. 2d, intituleci "An Act*to amend an Act intituled An Act declaring the Law concerning Executions, & for the Relief of insolvent Debtors *Hening, VI, 478.
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and for other purposes therein Mentioned." The preamble of which shews its Intention to take care of the Merchants Interest, and the principal enacting Clause is " That in any Action which hath been or shall be commenced, and is or shall be depending for the Recovery of any sterling money, in any Court of Record within this Dominion, wherein the plaintif or plts. shall recover, sdch Court shall have power, and are hereby directed by Rule to be entered at the foot of their Judgment in such Action, to order such Judgment to be discharged or levied in Current Money, at such a Difference of Exchange as they shall think just, any Law usuage or Custom to the contrary thereof in any wise not- withstanding." And what rate of Exche can a Court under the Direction of this Act think just, but that which is current at the time of entering the Judgment, or such a one, that the Merchant may have his whole Debt remitted to him, without those Losses they so much apprehend? If our notable Agent * at the other End of the town had known and stated these things to the Merchants, they would hardly have thought it necessary to present any Memorial about it. And this it was his Duty to have known and done, as he nas an Allowance of ?200 # Annum to negotiate the Affairs of the Country; And these Acts above mentioned are regularly trans- mitted, as he knows, to the Board of Trade, and were remaining in that Office at the very time the Memorial was presented. But it may be thought that the greatest Difficulty is yet to come, Vizt. to obviate the heavy Complaint-and that which seems to carry weight at first View, that the Assembly have passed a a Law, ex post Facto, to declare paper Bills of Credit a good Tender even for sterling Debts contracted before the passing such Law, whereas the Merchants think that nothing less than sterl- ing or lawful money of Great Britain, should be allowed to be a good Tender, agreeable to the Act t of the 6th of Queen Ann especially for such precontracted Debts. This is to be done, and ? James Abercromby, agent for Virginia from January, 1753, to January, 1758, and for the Governor and Council only until 1773. See note Din- widdie Papers, I, 37-38. tThis probably refers to the act of gth Anne, October, 1710, Iening, III, 502.
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at the same time, it is to be shewn, that the Merchants are in a better Condition, and less liable to Losses in receiving their sterl- ing Debts under our Laws, than they would be, if nothinig but sterling or lawful Money of Great Britain were held a Tenider. For this purpose let us suppose that a Merch't in London ob- tains a Judgment here for fioo sterling, the Debtor is obliged by the 6th of Queen Ann, and therefore procures /ioo sterling or lawful Money of Great Britaini, & pays this Debt; Now this Sum being only of equal Value to /125 Curr't Money; and Exch'e beinig now at 35 e C't (and in War ti'me it is rarely lower), the Agent here must in that Case give /ro Curr't Money nmore to purchase a Bill of Exchange to remit this Debt to his principal, which /io is so much real Loss to the Mer- chant; whereas by the Provision of our Law, no such Loss is incurred, but the Creditor hath his whole /I35 decreed to him, with which a Bill is bought and the full Debt remitted. Thus it is hoped the proposition is proved, and that our Leg- islature have conceived just Apprehensions of the Interest of the Merchants, and all other Creditors for Sterling Debts, and have made a proper provision for their Security. But to set this Matter still in a stronger Light: The Merchants in their Memorial quote the provisions in the Act of the 6th of Queen Anne, that even foreign Gold and Silver Coin, nmade current by that Act, was not to be held a legal Tender for ster- ling Debts, nmuch less ought paper Bills of Credit, which are, they say, of a local, uncertain and fluctuating Value. But give us leave to tell them, that if they had no better Dependance than that Act affords for collecting their sterling Debts, they might be great Sufferers indeed; For tho' that Act, when it was made, and for maniy years after was a good provision for them in that Respect (nothing but sterling or lawful British Money being a legal Tender for sterling Debts) inasmuch as the Ex- change then current here was under the Rate settled by that Act, vizt 25 # Cent, or one shilling passed for I s. 3d, but since Exchange hath been higher than that, which is always the case in time of War, a Tenider exactly agreeable to that Act, would occasion a Loss to the Merchants of so much as 25 If cent falls short of the highest Exchange, viz' IO, I5 or perhaps 20 7 cent.
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Let it be observed, that however contemptibly the Merchants look upon this paper Money, as of a local, uncertain and fluc- tuating Value, yet it is enmitted on such Funds that every one is glad to receive it in any kind of payment, and Exchange is now 1o F Cent lower than it was last War, when we had nothing current but gold and silver Coin, a Circumstance very favourable to the Credit of our paper. And altho' the King's Quit rents as the Merchants rightly observe, are not payable in paper, by that Act, that was done, because his Majesty had by Instruction to the Governor and Officers of his Revenue, directed them to be received only in Sterling, or Gold and Silver Coin at a cer- taini Rate, which Instruction, the Governor durst not contravene by including them in the Act, yet the Receiver General never -refuses paper Money for the Quit rents, because he can readily procure Bills of Exchange for it. [SECRETARY PITT'S LETTER TO THE GOVERNOR OF VIRGINIA.] [Endorsement. ] Copy. Mr. Secretary Pitt's * Letter to the Lieutt Gov" of Virginia of 9 Dec", 1758, referred to by the Come of Correspond- ence in their Letter to the Agent of the 12 Decr, '759. White Hall, gth Decr, 1758. (Triplicate.) Sir,-His Majesty having nothing so much at Heart as to imn- -prove the great and important Advantages gain'd the last Cam- pain,t as well as to repair the Disappointment at Ticonderoga, and by the most vigorous and extensive Efforts to avert, by the Blessing of God on his Arms all Dangers which nlay threaten North America from any future Irruptions of the French; And the King not doubting that all his faithful and brave Subjects there, will chearfully co-operate with and second to the utmost, * William Pitt, appointed Secretary of State of England in '757. t During the summer of 1758 Louisburg and Fort Frontenac were cap- tured from the French and Fort Du Quesne was occupied on November 25, but the news of this last capture had hardly been received in Eng- land when Pitt's letter was written. In July the English forces under Abercromby were defeated before Ticonder
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the large Expence & extraordinary Succours supplied by this Kingdom for their preservation & Defence; And his Majesty considering that the several provinces from Pensylvania inclusive, to the Southward, are well able, with proper Encouragements to furnish a Body of several Thousand Men * to join the King's Forces in those parts for some offensive Operations against the Enemy; And his Ma'ty not judging it expedient to limit the Zeal and Ardour of any of his provinces, by making a Reparti- tion of the Forces to be raised by each respectively for this most important Service. I am commanded to signify to you the King's pleasure that you do forthwith use your utmost Endeavours & Influence with the Council and Assembly of your province, to induice them to raise with all possible Dispatch within your Gov- ernment, at least as large a Body of Men as they did for the last Campaign, and even as nlany more as the Number and Situation of the Inhabitants may allow, and forming the same into Regi- ments as far as shall be found convenient. That you do direct them to hold themselves in Readiness, as early as may be, to march to the Rendezvous at such place or places as may be named for that purpose by the Commander in Chief of his Majesty's Forces in America, or by the Officer who shall be appointed to command the King's Forces in those parts in order to proceed * During the French and Indian war Virginiia kept constantly in service one, and sometimes two regiments of colonial regulars, in addition to companies of rangers, and to large bodies of militia which were fre- quently called out. Lists of some of the militia may be found in Hening, VII, 21-25, 179- 231, VIII, 126--133. In the same work, VII, 493, is a list of the officers. of Byrd's regiment as they stood at the time it was disbanded in 1763. In the Virginia Magazine of History and Biography, I, 378-390; II, 37- 49, 143-153, are rosters of various Virginia companies from the " Wash- ington Papers " in the State Department, Washingtpn. There is in the Virginia State Land Office a large number of certificates filed with appli- cations for land bounty under the royal proclamation of 1763. These cer- tificates have recently been copied for this Society and have been bound in two large indexed volumes, comprising 587 pages. Among the names. are those of about 128 officers and 6r5 privates and non-commissioned officers. It is evident that a large number of certificates are missing or that many.privates did not apply for land. There are also in the Land Office three books containing lists of grantees of land under the Proclamation of 1763.
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from thence, in Conjunction with a Body of his Ma'ty's British Forces, and under the supreme Command of the Officer to be appointed as above, so as to be in a Situation to begin by the first of May, if possible, or as soon after as shall be any way practicable, such offensive Operatious as shall be judged by the Commander of his Majesty's Forces in those parts most expe- dient for annoying the Enemy, and most efficatious towards re- moving and repelling the Dangers that threaten the Frontiers of any of the Southern Colonies on the Continent of America. And the better to facilitate this important Service, the King is pleased to leave it to you to issue Commissions to such Gent of your Province, as you shall judge from their Weight and Credit with the people & their Zeal for the public Service may be best disposed & enabled to quicken and effectuate the speedy levying of the greatest number of Men, in the Disposition of which Com- missions I am persuaded you will have nothing in View but the Good of the King's Service, and a due Subordination of the whole, when joined to his Majesty's Commander. And all Offi- cers of the provincial Forces, as high as Colonels inclusive, are to have Rank according to their several respective Commissions agreeable to the Regulations contained in his Majesty's Warrant of the 30th of December last Year. The King is further pleased to furnish all the Men so raised as above with Arms, Ammunition and Tents, as well as to order provisions to be issued to the same, in the same proportion and manner as is done to the rest of the King's Forces; And a suffi- cient Train of Artillery will also be provided at his Majesty's Ex- pence, for the Operations of the Campaign. The whole there- fore that thre King expects and requires from the several provinces is, the levying cloathing and pay of the Men; And on these Heads also that no Encouragement may be wanting to the fullest Exertion of your Force; his Majesty is further most graciously pleased to permit me to acquaint you that strong Recommenda- tions will be made to parliament in their Session next Year to grant a proper Compensation for such Expences as above, ac- cordingly as the active Vigour & strenuous Efforts of the respec- tive provinces shall justly appear to merit. It is his Majesty's pleasure that you do, with patticular Dili- gence, imnmediately collect and put into the best condition all
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the Arms issued last campaign, which can be any ways rendered serviceable, or that can be found within your Government, in ordet that the same may be employed as far as they will go in this Exigency. I am at the same time to acquaint you, that a reasonable Sup- ply of Arms will be sent fronm England, to replace such as may have been lost, or have become unfit for future service. I am further to inform you, that similar Orders are sent by thiis Conveyance, to Pensylvania, Maryland, North Carolinaand South Carolina. The Northern Governments are also directed to raise Men in the same Manner. to be employed in such offen- sive Operations as the Circumstances and Situation of the En- emy's Possessions in those parts may point out, which it is hoped will oblidge them so to divide their Attention and Forces, as will render the several Attempts more easy & suc- cessful. It is unnecessary to add anything to animate your Zeal in the execution of his Majesty's Orders on this great Occasion, where the future Safety and Wellfare of America, and of your own province in particular, are at stake, and the King doubts not fromn your knowni Fidelity and Attachment, that you will employ yourself with the utmost Application and Dispatch in this urgent and decisive Crisis. I am, Sir, Your most obedt h'ble Serv', W: PITT. Lieut. GoVr of Virginia. [SECRETARY PITT'S LETTER TO THE GOVERNOR OF VIRGINIA.] [Endorsement.] Copy. Mr. Secretary Pitt's Letterof 29th Decr, I758, to the GovT of Virginia-referred to by the Comee of Correspond?e in their Letter to the Agent of Decr I2, 1759. (Duplicate.) Whitehall, 29th Decr. I758. Sir,-In transmitting to you the inclosed Triplicate of my Letter of the gth Instant, I have the King's particular Com- niands to renew and enforce in the strongest Manner the Neces-
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sity of a punctual Compliance with the Orders therein contained, and you will accordingly urge in the most expressive Terms to the Council and Assembly of your Colony, the Importance of their exerting themselves in the present critical and decisive Moment, in whlich their own Interests and Security are so nearly concerned, that it would seem superfluous to add the further Motives of their Duty to the King and of the Gratitude they owe to this Country, for the very Expence and Succours sup- plied for their immediate Defence, & for the future Safety of all their Rights and Possessions in America; and the levying the Meni to be furnished by the several provinices without any delay, and in such time that they may not fail to be at the Rendezvous that shall be appointed for them, so as to be ready to commence the Operations by the ist of May. is so essential, as well for pre- venting the extraordinary Efforts which it is supposed the Enemy is preparing to make to stop the future Progress of his Majesty's Arms in America, as for pushing with Success the ensuing Cam- paign, that it is the King's pleasure that you do employ the utmiost Diligence and every means in your power to forward and expedite this Service in the most effectual manner, and to avoid any Disappointment happening from the slowness of the Levies, or from the men, who shall be raised, not proceeding in due time to the Rendezvous. With Regard to the expences incurred by your Colony, for the last Campaign, I am further to acquaint you, that as soon as the Agents of the respective provinces, duly authorized, shall produce the necessary Documents, the same will, without Delay, be recommended to parliament for a reasonable compensation, agreeble to the gracious Assurances which the King was pleased to allow me to give in my Letter of the 30th of December last Year. I am, Sir, Your most obedient humble Servant, W. PITT. Lieutt GoVr of Virginia.
This content
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[Endorsement.] October 7, I 760. Proceedings Council. AT A COMITTEE OF CORRESPONDENCE HELD AT THE CAPITOL, OCTOBER 7, 1760. Present: The hon'ble W. Nelson, T. Nelson & Ph. Gryrnes, Esq"r, J. Robinson, P. Randolph, Chas. Carter, Mr. Waller, Mr. Wythe, Mr. Bland, & R. C. Nicholas, Esqrs. Mr. Nelson communicated to the Committee two Letters lately come to his Hands from Mr. Montague the Agent, which were read, as wasalsoa Copy of Sir Matthew Lamnb's Opinion on the Act for appointing an Agent, which is niention'd in Mr. Monta- gue's Letters. On Consideration whereof it is the opinion of the Comittee that Mr. Nelson be desired to lay the said Letters before the Council in order to obtain the Opinion & further Directions of the General Assembly (now sitting) thereon. The Comittee taking into Consideration that the Letters from the Agent by means of their being directed ptublicly to this Com. mav possibly excite the Curiosity of People into whose Hands they may casually fall in their Passage hither, and so be opened and suppressed or detained, are of opinion and do ac- cordingly direct that in the next Letter to be sent from this Com. to the Agent he be desired to address his future Letters to Mr. Nelson alone, without the Addition of his being one of the Members of this Com. On the - day of October the Proceedings of this Commnit- tee were laid before the House of Burgesses, pursuant to their Orders, and on the 20th October the House of Burgesses came to the following Resolution, vid-[not given]. AT A COM'E HELD AT THE CAPITOL, NOV'R 3, I760. Present: The hon'ble W. Nelson, T. Nelson, Pet Randolph, Esq"r, Jno. Robinson, P. Randolph, B. Waller, Richard Bland,. Esq The sev' Lr from the Agent to this Comee were again read. Resolved that P. Randolph, Esqr, Mr. Atto & Mr. Bland be appointed a Com. to prepare a Lr to Mr. Montague, in wlich they are to inform him of the Rect of his Letters, & that ye Com
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are well satisfied with his Conduct hitherto; that he must hence- forward look upon himself as Agent for this Colony to all In- tents and purposes, & not suffer any other person to interfere with him in ye Execution of his Office; that they notify to him that the Gen' Assembly have passed an Act to explain & amend the Act for appointg him to his office agreeable to Sr Mattw Lamb's opinion laid before ye Lds of Trade, &c. Also, that they inform him of two other Acts passed the last Session-viz: Supply Bill & ye Act for appointing Receivers of the Money granted by Parliamt, &c., &c. That they give him an Account of thie sev' sums of money granted by this Colony during the Course of the War from the Beginning to this time. That they also inform him of the Address & Representation to his Mat' agreed upon by the Council & H. of Burgesses, and desire him to present ye same in the most proper manner-& that in pur- suance of those Acts Bills of Exchane are drawn upon Mr. Aber- crombie by the persons thereby directed, & that if any Difficulty shd attend the procuring paymt of those Bills he use his utmost Endeavours to remove them, and also furnish him with Reasons & Arguments for supporting them effectually & that they advise him to have Recourse to the sev' Acts of Assembly therein par- ticularly mentioned. That he be likewise told the Govr has ac- quainted this Com. that he has wrote to him to desire his Assis0e to wipe off any Odium he may be under or any Asper- sion thrown on him for giving his Assent to the sevl Acts of Ass: of this Colony lately repealed by his Majesty, & that this Com. desire he will to his utmost assist his Honr therein. Ordd, That the Clerk prepare another Copy of the former letter & Instructions & other Papers sent Home therewith; Also 3 Copies of the three Acts above mentioned properly authenti- cated under the Seal of the Colony, and as many Copies of the Address & Representation to his Majesty. AT A COM'E HELD THE 6 NOV'R, 1760. Pres: The hon'ble W. Nelson, T. Nelson, P. Grymes & Pet. Randolph, Esqru, J. Robinson, B. Waller, G. Wythe & R. C. Nicholas. The Com. appointed presented a Letter they had prepared
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for the Agent agreeable to the sev' Resolutions of the last Comee which, with some Anmendments now made, was agreed to. Ordd, That the same be fairly transcribed immediately, and that two other farir Copies be also prepared with all Dispatch, to be sent home by 3 sev' diff' Ships. Ordd, That the C'lk prepare a fourth Copy of the first Lr and Instructions & the sev' Papers therein ment4 & refP to, to be senit home by the first Ships, the Comi. being inform'd that ye two first already sent are taken. The L this day agreed to is as follows: [LETTER TO THE AGENT.] [Endorsement.] Second Letter to the Agent, Nov. sth, 1760. Wm5burg, Nov. 5th, I760. Sir,-Yours of the first and twentieth of May & nineteenth of July have been receiv'd by the ComLL & laid before the Gen- eral Assembly. Your Readiness in accepting the Agency, we are to acquaint you, gave them no small Pleasure, as they have ye imost sanguine Expectations that great Advantages will be derived to this Colony, from your Weight & Influence. Your asserting your Right as Agent, particularly in the Affair relating to the Money voted by Parliament, was highly approved of. And we were no less pleased with your immediate Resolution to give up your Claim to any Advantage arising from the Rec't of that Money, as soon as you thought any Delay in the remitting it might possibly be a Prejudice to this Colony. Prom this step, we are persuaded, that you will on every occasion prefer the Good of the People you represent to any private views. We think you judged very right in refusing to sign the Papers offer'd to you by Mr. Abercrombie, as you are by no Means to look on him as Agent for Virginia, but to consider yourself as such to all Intents & Purposes, & not to sufler any other Person to interfere with you in the Execution of your office. However, it is not our Intention to restrain you from joining Mr. Aber- crombie, or aniy other Gent. in any Sollicitation that may prob- ably be for the Benefit of this Colony. The Governor* having inform'd the Comee that he has wrote * Francis Fauquier, Governor of Virginia, June, 1758-March, 1768.
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to you, desiring you to join Mr. Abercrombie in removing any ill Impressions the Ministry may have of him, on his giving his Assent to several Laws, which have been judged to be contrary to his Majesty's Instructions, & consequently repeal'd by his Royal Proclamation, we earnestly recommend it to you to con- tribute every thing in your Power to wipe off any Odium he may be under, or any Aspersion thrown on him for passing those Acts. We are the more pressing on this Occasion from the great Esteem we have for that Gent, who in every Instance, of his Administration, has demonstrated his Dutv to his Majesty, and his Affection to the People under his Government. Altho' we must confess that the Governor, in passing those Acts, did not strictly adhere to his Instructions, yet he had no Reasoni to be apprehensive of incurring his Majesty's Displeasure, as former Governors had pass'd several Acts of the same Nature, which hadl never been complain'd of. The General Assembly at the last Session pass'ci an Act* for explaining and anmending an Act for appointing an Agent, which, we flatter ourselves, will remove Sr. Matthew Lamb's Objection. For, we must acquaint you, that it was never the Design of that Act to deprive any Branch of the Legislature of a concurrent Power in the Appointment, or Deprivation of an Agent, nor cou'd we conceive that it wou'd ever be taken in that sense. The Assembly at the same Session pass'd two other Acts,t the one for recruiting & further continuing the old Regiment in the Service of this Colony, and for other Purposes therein men - tioned, the other for appointing Persons to receive the Money granted or to be granted by the Parliament of Great Britaini to his Majesty for the use of this Colony. By a Clause in the former of these Acts the Governor, President & Speaker are authoriz'd to draw Bills of Exchange on James Abercrombie, Esq., to the Amotunt of twenty thousand Pounds Virginia Cur- rency. And by the other Act, the said Governor, President & Speaker are authoriz'd & empower'd to draw Bills of Exchange * Hening, V1I, 375. t Hlening, Vii, 369 and 372. The latter act recites that /52,814.19 had been allotted to Virginia out of the amounit voted by Parliament in 1757 and 1758 for the relief of the American colonies.
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on the sd. James Abercrombie for the Ballance remaining in his Hanids of the several Sums of 632,260. i9 and /20,546 alloted by his Majesty for this Colony. And by the sd. Act you are authoriz'd, directed & empower'd to receive all such other Sum or Sums of Money as already have been or hereafter may be granted by the Parliament of Great Britain to his Majesty for the Use of this Colony, and as you advise us that Mr. Abercrombie has put in his Claim for our Proportion of the last Sum granted to the Americani Colonies, we desire that you will demand any Money he inay have received on that Acct of him; you'll please to inform yourself what Comissions are allowed to the Agents of the other Colonies & advise us thereof that we may be satis- fied Mr. Abercrombie has not imposed on us in his Charge. Copies of the said Acts will be transmitted to you, and in Pur- suance of the two last mention'd Acts, the Governor, President & Speaker have drawn several Bills. We can scarce think that Mr. Abercrombie will not pay due Honor to them as the Method pursued was pointed out by him. But if he shou'd not, you will be particularly attentive to remove his Objections. The Gen' Assembly being under the greatest Concern to find that their Conduct had been misrepresented, & that they had been accus'd of attempting, in many Instances to infringe the establish'd Rules of Government, & to violate the Royal Pre- rogative* have drawn up an Address and Representation to his Majesty, setting forth the Proceedings of the Legislature, by which they hope their Conduct will appear in a more favourable Light. Copies of the Address & Representation by the Direc- tions of the Gen' Assembly are herewith inclos'd, and you are desir'd to present them in the most proper Manner. We refer you to the Reasons in the Representation for the passing the several Acts therein mention'd, which we conceive will be suffi- cient to acquit the Legislature of any sinister or disloyal Inten- tions. But as the Matters contain'd in the latter Part of the Representation are of the greatest Importance to this Colony, & the very being of the Constitution depending thereon, it may be necessary to add some further Observations and Reasons to * This refers to the " Two-Penny Act," regarding the payment of to- bacco debts in money. See April number of this Magazine.
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those contained therein. The Instructions to the Governor of this Colony were given by King Charles the second soon after the Restoration, & have had little Alteration since. By the i6th Article of those Instructions the Governor is directed to pass no Act of a less Continuance than two Years, & no Act repeal- ing or amending any other Act, whether the same has or has not receiv'd his Majesty's Assent, unless a Clause be inserted suspending the Execution thereof until his Royal Pleasure shall be known. So far as relates to the passing Acts for repealing or amending any Act assented to by his Majesty, the Assembly have always paid a due Obedience to his Instructions, but the Instruction relating to the repealing or amending Laws, which never have had his Majesty's Assent, or have been made for a shorter Term than two Years, has never been attended to. And as a proof that this Instruction has not always been enforced even by the Ministry, the General Assembly revis'd our Laws in 1748, when many of them were both alter'd & repeal'd. The Ministry at that Time were so far from disapproving their Con- duct, that they recommended it to the other Colonies to imi- tate their Example. By a Recourse to the Laws, you'll find that the Assemblies have exercis'd this Power ever since the Date of the Instructions so much relied on. And we are per- suaded that this Instruction wou'd not at this Time have been enforced, had it not been for the Clamour of a few dissatisfied Clergy, who preferring their own Interest to every other Con- sideration, have not hesitated by their cunning & artful Insinu- ations, & by their false & scandalous Representations to blacken the Character of the Legislature of this Colony. Upon this factious Complaint of the Clergy his Majesty has been pleas'd to send an Additional Instruction to enforce that old Instruction, which has been so long consider'd as obsolete, By which the Governor, who is on every Occasion desirous of promoting the Interest & Happiness of this Colony, thinks himself restrain'd from passing any Act contrary to the Letter thereof. And it is apparent that if he shou'd adhere thereto, the Privilege of mak- ing Laws, which all his Majesty's Colonies have, & ought to enjoy, will be abridg'd, & in a great Measure abolish'd. For all Countries are liable to such Changes & Accidents, as require the immediate Interposition of the Legislature, And no less t
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an infallible Power can form Laws so perfect that they may not afterwards stand in Need of Alterations or Amendments. You can easily suggest the many Inconveniencies we must necessa- rily labour under, by being oblig'd to suspend the Execution of any Act, let ye emergenicy be ever so great, till his Majesty's Pleasure can be known. It is well known, that we have been in a state of War ever since the Year I753; that we have been under a Necessity to make annual Provision for our Troops, and to guard against the various & unforseen Events which ml]ust happen at such a Time; That an Aninual Provision must be made to prevent Mutiny & Desertion, neither of which can be done if we are restrain'd by Instructions from passing such oc- casional Laws. And it is remiarkable that one of Sr. M. L's Objections to the Act for appointing an Agent is to its Continu- ance for 7 Y'rs, & he recommends the passing an Act for this ppurpose from yr to Year, at the very time that his Mat'y is en- forcing the Instruction above mentioned. In the Year 1705 An Act* pass'd for paying the Burgesses one hundred & thirty Pounds of Tob? & Cash e Day for their Wages. At that Time this was equal to ten shillings # Day, but Tobo having since greatly advanc'd in Price the Burgesses have scarce ever fail'd to pass an Act for paying their Wages in Money at ten shillings ' Day in Lieu of Tob?. This was (lone for the Ease of the People & may convince anv impartial Person that the Burgesses have not always acted upon self'interested Principles. This late Instruction restrains the Assembly from giving up even their own Rights. Having furnish'd you with every Argument that occurs to tus otn this Occasion, except such as are already made use of in the Representation, we have only to desire you to use your utmliost Endeavours either to have this Instruction counternmandedi or alter'd in such a Manner that it mav not so sensibly affect the Interest & Liberty of the People of this Colony. You are also to take every Method of justifying the Conduct -of the Gen' Assembly in passitng those Laws so imiuch complain'd of by the Clergy, & repealed by his Majesty's Proclamation. From the- Reasonableness of our Request we cannot doubt of your success. *Henitng, IIJ, 244.
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Any Expence attending these Sollicitations will be repaid you. We are, &c. P. S. You'll please to address your future L'rs for the Com'ee to ye hon'ble Wm Nelson, Esqr, alone, & without the Addition of his being a member of this Come. This is thought a neces- sary Caution to secure 'em from ye Inspection of such as might be curious enough to open them. [Endorsement.] PROCEEDINGS OF THE COM'E, MAY 4, 176I. At a Committee held at the Capitol, MaY 4, 176I. Present: The hon'ble William Nelson, Thomas Nelson, Philip Grymes & Peter Randolph, Esqrs; Peyton Randolph, Benjamin Waller, George Wythe & Robt. Carter Nicholas, Esqrs. Mr. Nelson informed the Board that he had convened them to consider of several Matters lately occurred, which he thought required the Care & Attention of the Agent in Gt Britain, vizt.: The Case of Thornton & als vs. Buchanan, & Hamilton, late of London, Bankrupts, & their Assignees & Factors here, in which a Decree passed this prest G' Ct in favr of the Plts. from which the Deft's had pray'd an App' to the King in his privy Council. That this Decree being founded on an Act* of Ass. of this Colony, made in 1744-to wit: "An Act for the Relief of certain Creditors," which is a very beneficial Law to the Subject here, it might be necessary for the Agent to assist in the Debate in England in order to support that Law. Anor thing he proposed to ye Considn of the Board, was an Expression in Mr. Secretary Pitt's last letter to his Honr the- Govr, which he had laid before the Ass., in which the Colony is accused of being remiss in their Duty to his Majesty in not rais- ing a suffi' Number of Men for the Campain in 1760, which point he thought it necessary shd be clear'd up in England. The last point Mr. Nelsoni desired Opinion of the Com'ee in, was the public Complaint of the People for the wt of a Man of War to protect our Coast. * Heoing, V, 244.
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On mature Consid0 of these sev' Matters the Committee were of Opinion that the Agent ought to receive Instructions therein & be desired to. Mr. Nelson then presented to the Board a letter which he had previously prepared for the Purposes above mentioned, & the same being read, was with some Amendments approved of, & thereupon it was Ord', that sd Lr be fairly transcribed & that the Cl'k procure authenticated Copies of the sev' Papers referred to by the sd Letter to be transmitted therewith. The Letter is as follows: [LETTER TO THE AGENT.] (Endorsement.) 3d Letter to the Agent, May 4, 176I. Virginia, April 30, I761. Edward Montague, Esqr. Sir,-By the Receipt of our last Dispatches to you by Capt Perry, Via Bristol, you will have seen how very unfortunate we have been, in having the first and second Copies taken by the Enemy. When you received the third, you would have full Instructions in every Matter that it was then necessary to trouble you with, relative to this Colony, Since which some things have occurred which we think require your Care and Attention. There hath passed in this present General Court a Decree in Chancery in Favour of John Thornton and others (the Title is inclosed) against the Assignees of the Estate and Effects of George Buchanan & William Hamilton late of the City of Lon- don Bankrupts, for a very conisiderable Sum, near ?5,ooo sterl- ing, from which Decree the Defend" have prayed an Appeal to his Majesty in his Privy Council; And as this Decree is founded on an Act of our General Assembly, that is extreemly beneficial to the Colony, it is of the utmost Consequence that you use all possible Means to procure an Affirmance of the Decree, & sup- port the Validity of the Act. It is intituled "An Act for the Re- lief of certain Creditors passed Anno i8th of George the second: And that you may be fully acquainted with the Nature of the
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Dispute, it may not be improper to give you a short History of the Act and the Reasons of passing it. About the year I732. the Merchants of Great Britain obtained an Act of Parliament, intit' An Act for the more easy Recovery of Debts in his Majestys Plantations and Colonies in America, which was favourable to them, tho' not to us, as it subjected all our Lands in the Plantations to be taken in Execution and sold as Chattels to satisfy Debts due to Merchants in Great Britain even on simple Contracts, tho' they are not liable for any debt contracted here except by exact accord to the course of ye Common Law. This was thought somewhat hard as the Advantages were not reciprocal, and we had no certain way of recovering our Debts from them, nor could we subject Lands in the plantations belong- ing to merchants residing in Great Britain to the payment of such Debts. To remedy this and to establish one certain regular and uniform method of proceeding in the Recovery of Debts due to the Inhabitants of this Colony from Persons residing out of it, this Act was passed; soon after which, upon a proper Represen- tation of it's Reasonablness and Utility, it obtained the King's Assent, so that now it stands on as good Authority as any Act of the British parliament, and thus confirmed by his Majesty, can't be repealed but by our Assembly with the King's Assent. This is a point that you are to insist upon if it should be disputed. Under this Act we have always attached the Effects of Persons residing out of the Colony, as well as of those of good Credit, as of other dying insolvent, and of Bankrupts. The Assignees in the present Case think that by Virtue of the Statutes concern- ing Bankruptces, they are entitled to all the Effects of a Bank- rupt in Virginia, as well as in Great Britain, in Exclusion of our Rights here, the Unreasonableness and Injustice of which will appear from this Consideration; that the time limited- by the Assignees under a Commission of Bankruptcy for the Creditors to make out their Demands is so short as renders it impossible for us to come in under a Commission & receive any Benefit from it; besides the Effects which the Merchant of Great Britain hath here often gives Credit to his Factor or Agent, who buys large Quantities of robacco, draws his Bills for the payment, and if the Principal happens to break the Bills are protested; And if
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the Assignees prevail in this Case the very Effects here which the planter looked upon as a Security for the payment of the Bills are swept away by them, & he is left to lament the extreem Inequality of the Laws, if they should be so adjudged. You are therefore, Sir, to engage the best Counsel you can to support and defend the Force of this Act, the Expence of which shall be repaid you. You are not to act as a Principal in the Dispute, since the Respondents will send over a Copy of the Decree, and will also employ Counsel to prevent a Reversal. We now inclose you a Copy of the Act, with his late Majesty's Ratification in due Form so that, we repeat it again, no power on Earth can alter the Force of it less than our Assembly with his Majesty's Assent. We have observed in a Letter from Mr. Secretary Pitt to our Lieuten' Governor, which he laid before the General Assembly, he, says that this Colony had been remiss in their Duty to the King, bygrantingsofew MenforthelastCampaign, I76o. This is an Imputation that we expected ouir very liberal Grants for many Years past, even beyond our Abilities, would have secured us from; but we are willing to hope that this Censure of our Conduct arose from Mr. Secretary's forming his Idea of our Number of Men that year from the Returns which General Monckton made to the War Office, in which would appear but little more than 400 Men. But besides these, we had a thousand Men on our Southwestern Frontiers, ready to co-operate with Coll Montgomery against the Cherokees, which were prevenited from acting by the Repulse he met with, and his hasty Retreat in Consequence of it. That you may be able to remove any unfavorable Impressions of us in this Respect, and that you may put in our Claim for a proportion of any Money that was given last, or may be given next Session of Parliament, we now send you authentic Copies of both the Acts,* by which you will see that we have expended * By act passed November, 1759, it was ordered that 400 men of the Virginia regiment should be employed in such manner as the Com- mander-in-chief of his Majesty's forces should direct, and that the re- maining part should be stationed where the Governor of Virginia should appoint (Hening, VII, 331). An act was passed in March, 1760, (Ibid, .317) continuing the Virginia regiment in service, and also providing for retaining in service 3oo men, in addition, who were guarding the fron-
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all that we received of the two first Grants, and we expect there wlll be a large Sum to pay for Deficiences at the End of this Canipain. The last poinit we shall now trouble you upon, is the Com- plaint of the people for Want of a Man of War stationed here to protect our Coasts and Harbours from the Insults of the Enemy's privateers. It is remarkable that the Colony has not for a long Tract of Time been without a Guard Ship or two, "till within these five Years past, we have not had any, except now and then a Ship hath come as Convoy to the Trade, and returned with it, leaving the Coast without any Naval Protection for many Months, and last Summer a small privateer came to the mouth of our most considerable Harbour, cut out a Vessel from the Coast of Guinea of great Value, and carried her off, besides making many other Captures. The natural Way to remedy this, would be by an earnest Application to the Lords of the Admiralty, setting forth the Necessity of some Protection of this Sort, as the Trade is of Consequence and merits some Consideration. You will, there- fore, Sir, use your best Endeavours to prevail with their Lord- ships to order a Ship or Sloop of War, to be always on the Sta- tioin, besides any that may be occasionally appointed as Convoy to the Trade to and from Great Britain. [Endorsement.] PROCEEDINGS OF THE COMMITTEE, I ITH AND 13TH JUNE, 176I, With the 4th L1 inclosed. At a Come held June IIth-, 176I. Present: hon. W. Nelson, T. Nelson, P. Grymes & P. R., Esqrs., Mr. Atto Col. Bland, Mr. Waller, Mr. Wythe & Mr. Nicholas. That Pt of his LT relat'g to an Address of Condol0" complied -with last Sess., The Ass. not sett5 before. tiers. By act of the May session, 1760, (Ibid., 357) 300 men of the Vir- ginia regiment, and an additional force to be enlisted, not exceeding 700, were ordered to the relief of Fort Loudoun, which was threatened by the Cherokees. The acts referred to in the text were, no doubt, two of these.
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The Satisfaction given his Maj'tys Subjects of Virga to hear of his Accessn to the Throne* so much to the Satisfact" of his people. Not to put himself to the Expence of Copies of the Vouchers by w'ch Mr. Dinwiddie passed his Accts. till he hears further from ye Com. That he will endeavour to inforce the Represent" from hence sent him formerly in Regard to the Dispute with the Clergy & the other Matters recommended to him. To be informed it is notorious here that Maryland raised no, Men. That he enforce the Instruct"" given him in the Last Let- ters from hence relative to the Number of Men raised for the last Campain to join Col. Montgomery. And that the Men were under Gen' Amherst's Comm4 & Col. Byrd rec' orders from him. To give him the Opinion of this Com'tee what Articles of Expence in the Execution of his Office will be reimbursed, & what not. That it is the Opinion of the CoMr that a Commissn of IS Y2 Ct will be allow'd him for all Monies he shall receive for the use of this Colony & that he be desired to inform Mr. Abercrombie of this & that it is expected he will re-settle his Accounts agree- able to this Direction, which if he refuses, Mr. Montague must oppose his passg his Acc' in any other Manner at the Treasury. As to Mr. Rowe, it is known whether he is gone home on any particular public Business but that the CoMr look upon his En- quiry into this Matter as an Instance of his Attention to the Interest of this Colony. Not to look upon himself as concern'd in procuring the King's Assent to any private Acts of Assembly, but that it's left to the parties concern'd to emplov whom they please, & that he is at Liberty on Application to solicit any such Acts. Mr. Att?, Mr. Nicholas & Mr. Wythe appointed to prepare the L'. At a Com. held ye 13. The Com. Prest: W. N., T. N., P. G., & R. B., Esq1', Jnv * George III succeeded to the throne on the death of his grandfather in 1760.
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Robinson, Peyton Randolph. G. W., & R. C. N., Gent. Lr read & agreed to & signed by the Members present. LETTER TO THE AGENT. [Endorsement]: 4th L' to the Agent. June 13, 176X. Virginia, June 13th, 176I. Sir,-From your letters of the I5.and igth of Feb. and the 3d and 5th of March, which we have received, we are well pleased to find that your conduct still merits our approbation, and have grounds to hope your attention to your own credit, as well as zeal for the colony's interest, joined with assiduity, patience and perseverance, will render any great share of that influence you disclaim unnecessary to promote the good of your constituents. As Virginia is not inferior to any part of the world in that duty to their present sovereign, which they manifested in every instance to his roial progenitor; so they were not less sensible of that grief which every British heart was afflicted with on the de- mise of his late majesty nor would have been less early in con- gratulating his successor on his accession, but that this ceremony was necessarily delaied 'til the meeting of the general assembly, when an address of the united powers of the legislature was pre- pared which we believe hath been presented. The general testimony that our young monarch is giving daily proofs of his inclinations to add to the glory and felicity of his people will justify our indulging the most delightful prospects of liberty, peace and plenty, and incline us to expect that he will graciously extend his roial and paternal care and protection equally to all his subjects, and redress the grievances of any of them, how remote soever, when properly explained, with his wonted benignity. We need not repeat, and can not add to any thing in our former letters on the subject of the address and representation, and other matters recommended with them to you, not doubting your endeavours to solicit and enforce them effectually, and leav- ing the manner of doing it to your own discretion. If the resolution of the lords of the treasury " to admit no sollicitations from the agents relating to the distribution of the money granted by parliament'" is not unalterable; if they can
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be made acquainted with what we have formerly written on that head; if they knew what is notorious and confessed here, that Maryland did not furnish a single mani for the service in the year 1759, and for seieral years before; and if they were informed that i,ooo of the men levied, subsisted and paid by this colorny last campaign, serving under an officer who received his orders from general Amherst, were intended to have joined his majes- ty's forces under col. Monckton, and would actually have done so, but that they were afterwards, with the general's approbation, directed to assist the forces from South Carolina under col. Montgomery. We say, if these considerations were sufficiently attended to, have we not reason to hope the application of the money would be more justly proportioned to the vigor and strenuous efforts of the " respective provinces ?" When you can procure an audience on the subject of the act of 22 G 2 for settling the titles and bounds of lands, &c., we hope the utility of that salutary law will not be measured by the care and diligence of those who have before sollicited the affairs of this colony. We would not have you put us to an expence for copies of the vouchers of mr. Dinwiddie's account, until we shall have given you further directions, after seeing it. We are obliged to you for the information you have given us concerning the commissions allowed the agents of the other col- onies. We are willing and do agree to allow you what seems to be a reasonable commission, 1 ? per cent. for your trouble in receiving and remitting this colony's proportion of money granted by parliament, and we desire you to inform mr. Aber- crombie of this our resolution, and that we expect he will reduce his charge for that service to the like proportion, or otherwise that we have instructed you to oppose the passing of his account at the treasury. [On the margin is written, "This to be left out. "] We think that gentleman hath not dealt with us as he ought, both in overrating his commission, and in many other articles of disbursements in his account. We should not have objected to reimbursing him his expences in procuring papers, &c., for our use, as we are willing to allow any of yours of that kind. As we do not know that mr. Rowe is charged with any em-
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bassy which can concern this colony, we have nothing more to say in answer to so much of your letter as relates to him than that we regard your precaution as an instance of that vigilance by which we hope all the purposes of any enemies to the tran- quillity and happiness of this country on your side will be de- feated. The sollicitation of the roial assent to any private acts of as- sembly we do not consider as an ex officio business of yours, unless,you have particular directions from us relative to them; but we do not mean to restrain you from doing that office at the request of any parties interested who shall apply to you. Our governor, by a faithful, prudent and steady administra- tion, bath given such universal satisfaction that we think the good of this country concerned in 'preventing any aspersions or ill impressions his conduct may give birth to,' and we be- lieve every well-wisher to it nmost heartily congratulates us on .his being continued in his government. the Treasurer of this Colony to pay you /5?? sterling B Ann. for yor Trouble & Expence in ye Discharge of your Duty in such Office yet, &c. It may not be improper to mention here that tho' the Act for -the appointing an Agent directs (here insert the Words of the Act relative to this point as I have not the Act), yet that it did not mean to subject you to the expences accruing by the procuring of papers & other services of that kind; you will all- waies be reimburs-'d for such, & may charge the country for them in your fuiture Acct. N. B. for fear you should not read my blots I put that part over again to the expences accruing by the procuring of papers & other services of that kind. (TO BE CONTINUED.)
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==See also==
*[[S. Bassett French Biographical Sketch]]
*Other Related Wythepedia Pages

==References==
<references/>

==Further reading==
*E.I. Miller, [https://archive.org/details/jstor-1915067/page/n1/mode/2up "The Virginia Committee of Correspondence,"] ''William & Mary College Quarterly'' 22, no. 1 (July 1913), 1-19.

==External links==
*Read this book in [https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fbooks.google.com%2F&data=05%7C02%7Csnblai%40wm.edu%7C8aa76e76940641dac63008de7309c687%7Cb93cbc3e661d40588693a897b924b8d7%7C0%7C0%7C639074682998650757%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=BA8w%2FCHBiUFVXYaqMYq5S1VlmP6MrL3gF5RwnMwBFQI%3D&reserved=0 Google Books.]

[[Category: Biographies (Articles)]]

Proceedings of the Virginia Committee of Correspondence

2026-02-25T14:31:36Z

Gwsweeney: /* Page 353 */

{{DISPLAYTITLE:"Proceedings of the Virginia Committee of Correspondence, 1759-'67"}}
[[File:VirginiaMagazineOfHistoryAndBiographyApril1903p337.jpg|thumb|right|350px|First page of "[[Media:ProceedingsOfTheVirginiaCommitteeOfCorrespondenceApril1903.pdf|Proceedings of the Virginia Committee of Correspondence, 1759-'67]]," ''Virginia Magazine of History and Biography'' (April 1903), p. 337.]]
Introduction and summary.<ref>Please footnote sources.</ref>

==Article text, April 1902==
===Page 353===

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'''VIRGINIA LEGISLATIVE DOCUMENTS'''
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Many years ago the older papers forming the records of the General Assembly of Virginia were removed from the office of the Keeper of the Rolls, and deposited, or rather, apparently, thrown in a heap, in the garret of the Capitol. They long remained in this p)lace with the dirt accumulating on them, unthought of and unused, except by Mr. W. W. Henry, who obtained from the mass, much material used in his ''Life of Patrick Henry.''

About ten years ago the Legislature placed these records in the custody of the Secretary of the Commonwealth for arrangement and possible publication. They were, accordingly, brought down from the garret, properly arranged in chronological order, and put up in packages; but the removal of the State Library to a new building and a demand for the room in which these records were stored for other use, almost undid the good done by the arrangement. It became necessary to remove them to the new building, where they are packed in such a small space that they are practically inaccessible until again examined and arranged.

This Society has obtained permission to copy and publish them, and the first installment appears below.

These papers consist of petitions, remonstrances, letters, executive communications, rough draughts of bills, &c. There are a few documents of an earlier date than 1774; but the mass of them begin in that year.

[The first two papers in this collection are deeds, dated in 1728, conveying a lot of land for a free school in the town of Norfolk. These were printed in the ''Lower Norfolk Antiquary,'' I, 78-81.]

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'''Proceedings of Virginia Committee of Correspondence,*'''<br />
'''1764.'''<br />
<span style="font-variant: small-caps;">Virginia and the English "Declaratory Act."</span>
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At a Committee of Correspondence held at the Capitol December 19, 1764.
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<span style="font-size: 85%;">&ast;See Note 1, at end.</span>
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Present: The hon'ble John Blair, Wm. Nelson, Thos. Nelson and Peter Randolph, Esqr., John Robinson, Peyton Randolph, Richard Bland, Geo. Wythe, L. Burwell & Dud. Digges, Esqr. Mr. Montague's Letter of the 2ISt July, was read & a Letter ordered to inform him of the proceedings of the present Session of Assembly on the Subject of the Taxes * proposed to be laid on the Colonies by the British Parliament & that copies of the Address to his Majesty & the Memoriais to the House of Parliament be got ready to go with the Letter. And the Comn. immediately proceeded to prepare such a Letter, which was done at the Board, signed by all the members present and is as follows: Virga, Dec., 20th, 1764. Sir, We have rec'd your Letter of the 2ISt of July last, & have only to observe with Respect to the Act * * of * * for regulating the German Coin, that his Hon. Gov. has wrote to ye Lo'ds of Trade oni that Subject, tranismitted to themii an answer to the objection raised agaitnst it, in which he was assisted by some of our members & to which we beg leave to refer you. We are now to inlform you that the Genieral Assembly of this Colony met on the Day we mientioned in our last, and immediately took into consideration the Taxation proposed by the British Parliament on the American Colonies, when your several Letters on that subject and the Votes of the House of Comnmonis which you sent us were laid before themn. The Result of their Deliberation on this important Subject, is an address to the King, and memorials to the two Houses of Parliament, in which the Council and House of Burgesses have unanimously joined and directed us to transmit them to you; and we must desire of you to try every possible method of having them properly presented and use your utmost Influence in supporting them. We are under some apprehensions that you will meet with Difficulty in getting the memorial to the Connmons laid before them, as we have heard of their refusing to receive Petitions from the Colonies in former similar Instances. If this should be now the case we think you should have them *See Note 2, at end.
This
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printed and dispersed over the Nation, or the substance of them at least published in such manner as you may think least liable to objection, that the People of England may be acquainted with the Privileges & Liberties we claim as British Subjects; as their Brethren and the dreadful apprehensions we are under of being deprived of them in the unconstitutional method proposed. We have had so many Proofs of your attention to our Interest that we do not entertain the least Doubt of your doing every thing in your Power to assist us in this very interesting Occasion in which we are persuaded you will be heartily seconded by the Agents for the other American Colonies. We are Sir, Yr. mo. hble. Servt", J. Blair,* W. Nelson,t T. Nelson,: P. Randolph,? J. Robinson,II Pey. Randolph,? R. Bland,* * G. Wythe,t t L. Burwell, t + D. Diggs, Jun. ? Proceedings of Virginia Committee of Correspondence, 1765. THE RESOLUTIONS OF MAY 30, 1765. At a Committee held at the Capital the I4 Day of Septmr, I 765. Present: The hon. John Blair, Wm. Nelson, Thos. Nelson & Robert Carter,' Esqr, Peyton Randolph, Geo. Wythe, Robt. Carter Nicholas,?? Lewis Burwell, and Dudley Diggs, Esqr, *John Blair, of Williamsburg, born j686, died November 5, 177, was a nephew of Rev. James Blair, D). D., the first President of William and Mary College, and entered early into public life. He was member of the House of Burgesses for Williamsburg 1736, I738, 1740; Auditor- General 1732-177 1; member of the Council 1743-177 1, and as President of that body was acting Governor January-June, 1758, and March-October, 1768. He married Mary, daughter of Rev. John Monro, and was father of Justice John Blair, of the U. S. Supreme Court See Wiliam and Mary Quarterly, VII, 134-153; VIII, i-i7; and " Blair, Banister and Braxton Families." t William Nelson, of Yorktown, born 171 1, died November I9, 1772. He was a member of the House of Burgesses for York county 1742, 1744; of the Council 1744-1772, and as President of the
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Mr. Atto; Mr. Wythe, Mr. Nicholas, appd to prepare a Letter to acting Governior from October 15, 1770, to August, 1771. He married Elizabeth, daughter of Nathaniel Burwell, of "Carter's Creek," Gloucester county, and was the father of Thomas Nelson, signer of the Declaration of Independence See R. C M. Page's Page, Nelson, &c., Families, 2d edition. I6o- i66; William and Mary Quarterly, VII, 25-30; Meade's Old Churches and Families of Virginia, 1, 205- 210. 4 Thomas Nelson, of Yorktown, Va. (a brother of William Nelson), was born in 1716 and died in 1782. He was a member of the House of Burgesses for York county 1745-1749, inclusive; of the Council 1749-76, and Secretary of State 1743-76. It appears from the Virginia Gazette (Dixon and Hunter's), of May 6, 1775 that he was then President of the Council. His house at Yorktown was for a time Cornwallis' headquarters; btut was destroyed by the bomnbardment. " Secretary Nelson," as he was usually called, was at Yorktown when the siege commenced; but on October 8th, came out to the Americani lines under a flag of truce. A contemporary writer says that he spoke cheerftully to the officers who gathered arotitnd him, and encouraged them by his description of the great damage the shells were doing in the town. He married Lucy Armistead. . Peter Randolph, of " Chatsworth," Henrico county, born 1713, died July 8, 1767; was appointed to the Council in 1751. and was Surveyor General of the Customs for the Middle District of North America. He was probably not in favor of any radical measures iii opposition to England, as Jefferson says that the morning after Henry's resolutions-the first five-were adopted in 1765, he saw Colonel Peter Randolph sitting at the clerk's table examining the journals to find a precedent for expunging a vote of the House. His will is published in Water's Gleanings. He married Lucy, daughter of Robert Bolling, of Prince George county, and was the father of Beverley Randolph, Governor of Virginia. IIJohn Robinson, of " Mt. Pleasant," King and Qtueen county, was born in Virginia, and died in May, 1766. He was a member of the House of Burgesses for King and Queen county 1736-1766, and Speaker of the House and Treasurer of Virginia 1738-1766. The Virginia Gazette for May i6, 1766, contains the following: "On Sunday last died John Robinson, Esq., a member of the General Assembly for the county of King and Queen. He had been almost thirty years Speaker of the Burgesses, every one allowing to his indisputable merit, not the second, but the first place in that House; which post he filled with sufficient ability, and equal dignity: So that the public is deprived of a most uiseful servant. And the matny amiable virtues which adorned his private
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the agent to acknow: Rec' of his sev" Letters of i9th Novr, I764, station, whilst they consecrate his memory among his friends, dependants, and acquaintance, mark his death as a calamity to be lamented by the unfortunate anid indigent who were wont to be relieved and cherished by his humanity and liberality." His natural abilities, and genial temper, united to the two offices he held, made him long onie of the most influential nmen in Virginia. This easy and generous disposition caused him to be a careless guardian of the public funds, and at his death he was found to be a defaulter for about ,?roo,oou. Much of this was on account of moniey he had loaned to friends. Ultimately the whole was repaid from his great estate. He married (1), Story; (II), Lucy, daughter of Augustine Moore, of "Chelsea;" (II), Susanna, daughter of Colonel John Chiswell. His onily descendants are through his daughter Susanna, who married Robert Nelson, of "MNlalvern Hill," Henrico county. ? Peyton Randolph, of Williamsburg, born 172I, died September 22, 1775, was member of the House of Burgesses for William and Mary College of Williamsburg from 1748 to 1775, continuously; Attorney- General 1748-1766, and Speaker of the House of Burgesses 1767-1775. He was President of the Convention of March, 1774 and 1775, and that of July in the latter year, but resigned the position in August on account of bad health. Was President of the Continental Congress in 1774 and 1775. He married Elizabeth, sister of Benjamin Harrison, the signler of the Declaration of Inidependence, but had no issue. ** Richard Bland, of "Jordan's," Prince George county, born May 6, 17IO, died October 26, 1776. He was a member of the House of Burgesses 1742-1775, continuously; of the Conventions of March, July and December, 1775, and May, 1776; elected member of the Colonial Committee of Correspondence in 1773; of the Committee of Safety 1775, anld of Congress 1774, and re-elected in 1775. Throughout the events producing the Revolution he was one of the leaders of the colony. He was author of " A Letter to the Clergy on the Two-penny Act" (176o), and " Ani Inquiry into the Rights of the British Coloniies " (1766). He married Ann, daughter of Peter Poythress. t t George Wythe, born 1726, in Elizabeth City county, died June 8, i8o6, in Richmond; was a member of the House of Burgesses for Williamsburg 1754-1755, for William and Mary College 1758-1761, and for Elizabeth City couinty 176 1-1768. He appears at the date last mentioned to have retired for some years from public life, and held no other office until elected to Congress. He was a member of that body in 1775 and 1776, and signed the Declaration of Independence. He was chancellor of the State of Virginia and first professor of law in William and Mary College.
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Feb. 7th and i6th, April 4th, and May Ist, 1765. To apprize See biographical sketch prefixed to B. B. Minor's edition of Wythe's Reports, and William and Mary Quarterly, II, 67-69. I t Lewis Burwell, of " Kingsmill, " James City couinty, member of the House of Burgesses for that county from 1758 to 1775, continuously. He married Frances, daughter of Edwin Thacker, of Middlesex county, and is said to have died in 1784. D Dudley Digges, of York county and Williamsburg, was born 1729, and died June 3, 1790. He was a member of the House of Burgesses for York county 1732-1774; of the Convention of 1775-1776; of the Committee of Correspondence and Safety and of the State Council I 776-1780, &c. He married, first, Martha Armistead; second, Elizabeth, daughter of Ralph Wormeley, of " Rosegill," Middlesex county. 0 Robert Carter, of "Nominy Hall," Westmoreland county, born 1728, died Mlarch 4, 18o4, in Baltimore, Md. He was appointed to the Council in 1758. It is believed that shortly before the Revolution he retired from public life and devoted his time to the management of his estate, and to books anid music. After the war he freed most of his slaves, several hundred in number, and removed to Baltimore. He married Frances, daughter of Hon. Benjamin Tasker of Maryland. In regard to him, see the " Diary of Philip Fithian " (Princeton Uniiersity Press), who was a tutor at Nominy Hall just before the Revolution. 0 0 Robert Carter Nicholas, born 1715, died 1780; was a member of the House of Burgesses 1764-1776, Treasurer 1766-1776, member of the Revolutionary Convention, of the House of Delegates 1777-1779; Appointed Judge of the Court of Chancery, and Judge of the Court of Appeals of Virginia. He married Anne, daughter of Col. Wilson Cary, of " Ceeley's " and " Richneck," and was the fatherof W'ilson Cary Nicholas, Governor of Virginia, anid U. S. Senator, and of George Nicholas, so distinguished in Kentucky. It has been deemed proper to give sketches of the ptublic services of the men who formed the Committee of Correspondence of 1764-'65, because their selection as members of that body by the Council and House of Burgesses, shows that they were considered as among the leading men of the two branches of the Assembly. They were, indeed, types of the men who were at the head of aflairs in Virginia just prior to the Revolutionary movement. They were men devoted alike to England and to the rights of the Colonies, and all of them of good character, liberal education, for the time, and of large estates. Blair was educated in Scotland ; the two Nelsons, it is believed, at WVilliam and Mary, as was Peter Randolph. Robinson was probably educated in England, and Peyton Randolpli studied at William and Mary and the Tem-
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him of a spurious Copy of the Resolves* of the last Sess. of Ass. on hearing of the Stamp act being dispersed abt & printed in the News Papers, & to send him a true copy of the Votes on that occasion properly authenticated, to prevent any ill Impress8 from the Spurious copies. To advise him of the Act for continuing him in office, & to thank him for his care & attento to the Intr of America notwithstanding the fatal stamp. Sept. I9. Letter read and signed by: J. Blair, W. Nelson, T. Nelson, Peyton Randolph, Peter Randolph, G. Wythe, R. C. Nicholas, L. Burwell, D. Diggs, Jun. Resolved, That the first adventurers and Settlers of this his Mlajesty's Colony and Dominion of Virginia, brought with them and transmitted to their posterity and other his Majesty's Subjects since inhabiting in this his Majesty's said Coloniy, all the Liberties, Privileges, Franchises and Immunities that have at any Time been held, enjoyed and possessed by the People of Great Britain.. Resolved, That by two Royal Charters granted by King James the first, the Colonists aforesaid are declared entitled to all Liberties, Privileges and Immunities of Denizens, and Natural Subjects to all Intents ple; Richard Bland, at William and Mary and Edinburgh; Wythe and Nicholas, at William and Mary, as, it is thought, were Burwell and Digges; while Carter was educated in England. William Nelson and Nicholas were noted for their devotion to the church. In character, education and manner of life, these typical Virginians of the first rank during this period, were as different as it was possible for men to be from the ignorant and debauched creatures which it has pleased various so-called historianns and biographers to picture as representatives of Virginia colonial character. After 1765 new men came forward, and most of the members of the Committee of Correspondence, who remained, became more radical in their views, and were foremost in the Revolutionary movement as they had been in the peaceful period preceding it. Peyton Randolph, Blatid, Wythe and Nicholas, will always hold a high place in our history, and Digges and Burwell, though in minor places, played their parts well. * See Note 3, at end.
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and Purposes as if they had been abiding anid born within the Realm of England. Resolved, That the Taxation of the People by themselves or by Persons chosen by themselves to represent them, who can only know what Taxes the people are able to bear, or the easiest Method of raising them, anld must themselves be affected by every Tax laid on the People, is the only Security against a burthensome Taxation, and the distinguishing characteristics of British Freedom, without which the ancient Constitution cannot exist. Resolved, That his Majesty's liege People of this his most antient and loyal Colony, have without Interruption enjoyed the inestimable Right of being governed by such Laws respecting their internal polity and Taxation, as are derived from their own Consent, with the approbation of their Sovereign or his Substitute, and that the same hath never been forfeited or yielded up, but hath been constanitly recogniized by the kings and people of Great Britain.
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==Article text, April 1903==

===Page 337===

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'''PROCEEDINGS OF THE VIRGINIA COMMITTEE<br/>OF CORRESPONDENCE, 1759-'67'''
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From the originals in the Virginia State Archives
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[At the February session, 1759, of the General Assembly of Virginia, Edward Montague, Esq., of the Middle Temple, was appointed the agent for the colony in England, and a committee, termed the Committee of Correspondence, composed of members of the Council and House of Burgesses, was appointed to transact all business with him. The agent was to support before the English government any laws passed in Virginia in regard to which there might be any question of approval, and was generally to represent the interests of the colony in England. Therefore, the correspondence between the committee and the agent must be of value as throwing light on the history of the period. Two letters from the committee, found amnong the Legislative papers, have been published in Vol. IX of this Magazine, pp. 353-360. See same Vol., pp. 355-359 and 364, for a note on the Committee of Correspondence and biographical sketches of its menmbers. Francis Fauquier became governor of Virginia on June 7, 1758, and held the office until his death, on March 3d, 1768.
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Sessions of Assembly were held in September and November, 1758; February and November, 1759; March, May and October, 1760, and March, 176I.] PROCEEDINGS OF THE COM. OF CORRESPONDENCE, MAY 2D, 1759. At a Meeting of the Committee for corresponding with the Agent appointed to sollicit the Affairs of this Colony in Great Britain, held at the Capitol in Williamsburg, May 2d, 1759. Present: The hon'ble William Nelson, Esq', Chairman, the hon'ble Thomas Nelson, Philip Grymes & Peter Randolph, Esq", John Robinson, Peyton Randolph, Robt. Carter Nicholas, and George Wythe, Esq". Resolved, That George Davenport be appointed Clerk of this Committee. Resolved, That a Letter be wrote to Edward Montague, Esq'. the Agent for this Colony, with a Copy of the Act of Assembly appointing him agent: And that a Copy of the Representation formerly sent by the Assembly to Mr. Secretary Pitt, be transmitted to him therewith. Resolved, That Application be made to the Governor for Copies of the several Letters wrote by Mr. Secretary Pitt, in Relation to the Application to be made to Parliament in behalf of this Colony, and that they be sent Home to the Agent to enable him to sollicit for the proportion of Money granted, and to be granted by Parliament, for reimbursing this Colony the Money they have expended. Resolved, That the Agent be instructed to use his Endeavours to get the King's Assent to an Act of Assembly past in the 22d Year of his Majesty's Reign intituled "An Act for settling the Titles and Bounds of Lands, and for preventing unlawful hunting and Ranging." And that the Clerk apply to Mr. Palmer for a Copy of the Reasons that were drawn up in order to be sent home, in Support of the said Act of Assembly. Resolved, That the Agent be instructed not to shew the Act of Assembly for appointing him Agent, before all the Acts passed the last Session of Assembly are transmitted by the Governor to the Board of Trade.
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And as there is some Reason for apprehending Attempts may made for repealing the said Act, that the Agent be directed to use his utmost Endeavours to prevent the same, and be made acquainted with the Reasons of an Agent being appointed by this Colony. Resolved, That the Agent be instructed to use his utmost Endeavours to prevent any additional Duty on Tobacco, and that he be furnished with Reasons for opposing the same. Resolved, That the Agent be instructed to get a Copy of the Account of Mr. Dinwiddie's Disposition of the ?20,000 granted by his Majesty, for the Use of this Colony, which he says he has passed with the Treasury, and that he procure, and send over, Copies of the Vouchers by which the same was passed. Resolved, That the hon'ble William Nelson and Thomas Nelson, Esq-, & John Robinson and Peyton Randolph, Esq", do prepare a Letter to be transmitted to the said Agent, in pursuance of the aforegoing Resolutions. A Copy. GEo. DAVENPORT, Clk. Com. PROCEEDINGS OF THE COM. OF CORRESPONDENCE NOV'R 7,. I759. At a Meeting of the Com. of Correspondence held at the Capital Nov" 7th. 1759. Present: The hon'ble William Nelson, Philip Grymes & Peter Randolph, Esqr6, John Robinson, Peyton Randolph, Charles Carter, Landon Carter & Richd Bland, Esq". It appearing to this Comittee that a Letter hath not yet been sent home to the Agent for this Colony, pursuant to the Resolutions of the former Committees, it is therefore Resolved, That a Letter be prepared to be sent Home to the said Agent. by Mr. Speaker, Mr. Attorney, Mr. Charles Carter, Mr Landon Carter and Mr. Bland, to he laid before this Comnittee at their next meeting. Resolved, That the Gent. appointed to prepare the said Letter be inistructed to inform the said Agent of the Reasons that prev'ailed with the Legislature of this Colony to pass the Act made in the thirty second Year of the Reign of his present Majesty, intituled An Act to enable the Inhabitants of this Colony to dis
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in Money for the ensuing Year. Resolved, That it be a Direction to the Gent. above appointed to prepare the said Letter to the Agent, to omit taking any Notice in the said Letter of the Directions of the former Committee, whereby the said Agent was required not to shew the Act 6f Assemibly of this Colony appointing him to his Office, before all the Acts passed at the last Session of Assembly should be transmitted by the Governor to the Board of Trade; And that they be discharged from furnishing the Agent with Instructions to prevent an additional Duty on Tobacco, as was directed by this Comittee at their fornmer Meeting, it appearing to this Comittee that such a Duty hath already taken place. Ordered, That the Committee be adjourned to Wednesday next at IO o'Clock. A Copy. G. DAVENPORT, Clk. Com. AT A COMMITTEE OF CORRESPONDENCE HELD AT THE CAPITOL NOV'R 14TH, 1759. Present: The hon'ble William Nelson, Thomas Nelson, Philip Grymes & Peter Randolph, Esq'8, John Robinson, Charles Carter, Richard Bland, Landon Carter, George Wythe & R. C. Nicholas, Es;qT'. Mr. Nelson infornmed the Committee that the Revd Mr. John Camm * Minister of the Parish of York hampton hath latelv commenced a Suit at Law against the Collectors of that Parish to recover his Salary in Tobacco, in Opposition to the Act of Ass: made in the xxxiii Year of his Majesty's Reign intituile(i An Act to enable the Inhabitants of this Colony to discharge their public Dues, Officer's Fees & other Tobo Debts in Money for the ensuing Year. He therefore desired the Opinion of the Coni. whether this Matter is not of so public a Nature (whereini the Power of the Legislature of this Colony in making temporary Laws for the public Weal will be called in Question) as to nmerit their particular Attention, and if need be, their Aid & Assistance in contribuLting to the Expences that may accrue in *See note at enid of article.
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defending the said Suit either here [or] in Great Britain, as such Expenses may be to heavy to be borne by that Parish. After Consideration whereof, it. is the Opinion of this Committee, and accordingly Resolved, That this Matter be proposed to the Consideration of the House of Burtgesses, and their Opinion desired there- UPOII. The Commnittee appointed to prepare the Letter to the Agent in pursuance of the Resolutions of the Com. at their last Meeting not having compleated the samie Ordd, That the Com. be adjd to Saturday morning next. SATURDAY NOV'R 17, 1759. Present: The hon'ble W. Nelsoni Thomr Nelson & Ph. Grymnes, Esq"r, Jno. Robinson, Ch' Carter, Rd Bland & R. C. Nicholas, Esq . The Letter to the Agent not being yet finished pursuant to the former Resolute Ordd, That. ye Com. be adjd to Monday morning next. AT A COM. HELD AT THE CAPITOL ON MONDAY I9 NOV'R, 1759. Present: The hon'ble W. Nelson, T. Nelson, P. Grymes & Peter Randolph, Esqr, John Robinson, Rich' Bland, G. Wythe & R. C. Nicholas, Esq"'. The Comn. appointed this day preseinted a Letter they had prepared with Instructions to the Agent agreeable to their foriner ResoluLtions, to which sev' Amendments being proposed & agreed to, Mr. Speaker was desired to reduce the same into form. Ordd, That ye Corn. be adjd till Tomorrow. NoV'R 20TH. Present: As before. Mr. Speaker informing the Com. that he had not suff' time since yesterday to draw up the amendnments proposed to the Letter to the Agent, Ordd, That ye Com. be adjd.till Tomorrow.
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LETTER TQ THE AGENT, DEC., 1759. Williamsburg, Dec" I 2th, 1759. Sir,-The General Assembly of Virginia has by an Act passed the 14th of April, 1759, intituled "An Act for appointing an Agent " a Copy of which is herewith inclosed, been pleased to appoint you the Agent of this Colony, & directed their Treasurer to pay you yearly the Sum of ?50o sterling, in full for your Expenses & Trouble in the Execution of your Duty. The Appointment of such an Officer to represent the Grievances of the People, to justify their Conduct to their Sovereign. to obtain his Approbation & Assent to such Laws as their Rep. resentatives shall think necessary for their Welfare and good Government, to implore his Assistance in the time of Danger and Calanmity, and to protect and explain their Rights & Interest ill Parliament, seem to be the natural Privilege of all Colonies, so far remov'd from their King and Mother Country. Yet the People of this Colony have had the Misfortune allways to be disappointed in . their Endeavours to attain this Right, tho universally claim'd, and enjoy'd by all his Majesty's other Colonies anid have been obliged to depend for these great and important Services on an Agent appointed by the Governor and Council, who for want of the Weight which a national Establishment would have given hinm, the Authority which must necessarily be derived from every Power of the Legislature, the Instructions when and for what Reasons he should interpose, must have beeni very deficient in his Duty, when considered as regarding the whole. Besides sonletimes diflerent Initerests arise ailmongst the different Branches of the Legislature, different Instructions then become necessary; an Agent so appointed is obliged to obey those by whom he is appointed, and by the plainest Consequence in Affairs of the greatest Moment, the Body of the people nmay be left without the Shadow of a Representative. It is to our not having a Representative properly appointed and instructed, that we in a great Measure attribute the passing an Act of Parliament for laying a Duty on our Tobacco, the Staple of this Colony (in the present State of the Tobacco Tr-de, a great Grievance to the people), and the Repeal of several
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Laws, thought to be very saltitary. But these are Misfortunes which can now perhaps be only lamented and not redressed. We being by the same Act apppointed a Committee to correspond with the Agent, must now desire you to take this Office upon you, and that you will take Care allways to he ready to prevent the Repeal of Laws passed by the Legislature, the Reasonis for which, will be from time to time transmitted to you by us; to support any Representations which it may be necessary to make, and for that Purpose will not fail to attend them thro' the several Boards to which they may be referred; To give early Intelligence of anything that may be moved in Parliament, or the Department for American Affairs to this Committee; And in all things relative to this Colony, to use your best Endeavours, according to your Discretion, to protect her Rights and secure her Interest. We must desire you immediately to join in any Solicitations which may be made, for a Grant of a Sum of Money, to reimburse the Colonies, in some measure, for the great Expence they have been at during this War, agreeable to the Promise made by Mr. Secretary Pitt, in his Letters of the gth & 29th of Decenmber, 1758, to the Governor, and by him laid before the Assemiibly, Copies whereof are inclosed. And if any such Grant shall be made, to endeavour to get as large a proportion of the same as the persons appointed to distribute it shall think we deserve; And that you may be able to shew what our Expence has been, we have minuted down the several Sums that have been raised in this Colony, and the Purposes for whlich they were raised in a particular Account * thereof herewith sent, and to which we refer you. Also that youi use your best Endeavours to get the Kinig's Assent to an Act of Assembly passed in the 22d Year of his present Majesty's Reign, intitd "An Act for settling the Titles and Bounds of Lands and for preventing unlawful Hunting and Ranging," which having a suspending Clause, cannot take Effect till this is done. This Act was passed upon the Revisal of all the other Laws of this Colony, and the chief Intention of it was to reduce the sev- * Not found.
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eral Acts relating to the Conveyance, taking up, settling, savinig & cultivating of Lands, into one Act; and also an Act prescribing the method of docking the Intails of Land of no greater Value than /200 sterling, by a Writ, called a Writ of Ad quod Damniuni. To most of the other Acts passed at the same timiie his Majesty was pleased to give his Assent. But this Act was laid by, as we imagine, to be considered, whether his Majesty's Right of granting Land was affected thereby. And as it will appear by the several Amiiendments hereafter mentioned, that nothing of that Sort was intended, or affected by them, we conclude that it is enitirely owing to a want of a proper Application, that his Majesty's Assenit has not, lonig since, been obtained thereto. The several Acts it takes in are as follow: An Act for settling the Titles and Bounds of Land, and for preventing unlawful Shooting & Ranginig thereon. 9 Anne, Cap. 13. An Act to prevent Lanid lapsing from an Infant for not seatinig and planting, or not paying Quit Rents, until three Years after they come of Age. r I Anne, Cap. 4. An Act declarinig what shall be accounited a sufficient Seating, cultivatinig & improving of Lands, already granted, or hereafter to be taken up and patented. 12 Anne, Cap. 13. An Act explaining & further declaring what shall be accounted a sufficient Seating & Improvemenit of to save Lands from lapsing, and for the better Recovery of Lanids lapsed from Persons living out of the Country. 7 Geo. i, Cap. 3. An Act for amending the Act intituled An Act for settling the Titles and Bounds of Lands, and for preventing unlawful Shooting and Ranging thereupon. 8 Geo. 2, Cap. 6. An Act for the better Preservation of the Breed of Deer, & preventing unlawful Hunting. 12 Geo. 2, Cap. 14. An Act for amending the Act intituled An Act for settling the Titles and Bounds of Lands and for preventing unlawfuil Shooting and Ranging thereupon. i8 Geo. 2, Cap. I4. By perusing these Acts, you will find that no Alterations are made by this Act, except in a few Instances. In the Act of the 8 Geo. 2, Cap. 6, which is the Act that
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directs the Method of docking Intails of Land of no greater Value than ?J200 Sterling, these are the Alterations made. i. It directs that the Surveyor of the County where the Land lies, shall survey the Land, in Order to satisfy the Jury, who are sworn pursuant to the Directions of the Writ of Ad quod Damnum, what Land precisely thev are to value. 2. It directs that the Heir shall be summoned, to give him an Oportunity of detecting any Fraud that may be committed on the Execution of this Writ. 3. It confirms the Title of those who had proved their Deeds in the County Court. By the Act of the 8th Geo. 2, Cap 6, the Deeds of Conveyance for the intailed Lands docked under said Act were ordered to be recorded in the General Court. But the Lawyers here were of Opinion, as other Acts gave the County Courts full Jurisdiction to receive the Proof or Acknowledgement of Deeds of Land within their County, that the Purchasers of these intailed Lands might safely prove theit Deeds in those Courts. The Assembly finding that this might occasion many Law-suits, and might possibly defeat the Titles of many fair Purchasers, thought it was agreeable to Justice and Equity to confirm such Titles. This Act of the 8th Geo. 2, was the only Act that had received his Majesty's Assent, anid was the Reason for adding the suspending Clause. The only Alterations made in. any of the other Acts, are in the Act of the 7th Geo. Ist, Chap. 3, by reducing the sum for saving Fifty Acres from Ten pounds to Five, and by limitting the time for bringing Petitions to ten Years, which was not mentioned in either of the above Acts. By our Instruction sent to the Governor of this Colony, the Assembly finds that the Merchants of Great Britain are still dissatisfied with the making Treasury Notes (issued pursuant to the several Acts of Assembly for the Defence of the Colony), a proper Tender for Sterling Debts. Before the Year I748, there was no Law subsisting to direct at what rate of Exchange sterling Debts should be paid. The Consequence of this was that the Sherifs when they levied Money by Execution on Sterling Judgments demanded of the Debtors
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what Exchange they thought proper, to the great Oppression of the people, and without any Advantage to the Person who had ob)tained the Judgm'. The Assembly thought it very proper to put a Stop to such unjust Proceedings, and passed an Act in the Year 1748, 22d Geo. 2, Cap. 12, intituled "An Act declaring the Law concerning Executions and for Relief of insolvent Debtors," by which they directed that all Executions for Sterling Money should be levied at twenty five per Cent., the real Difference of Money, and no more than the Difference of Exchange at the time the Act passed. The Merchants of Great Britain complaining of this Act, and representing that they should be considerable Losers when Exchange should rise above twenty five per Cent., the Assembly took the same into their Consideration, and endeavoured to provide a Remedy which might prevenit any further Murmurs. They considered that as Exchange is a fluctuating thing they could not do Justice to sterling Creditors by fixing the Exchange at any certain Standard. They therefore passed an Act to impower the Courts where JuLdgmnents should be obtained for sterling Money, to settle at the Foot of the Judgment, at wvhat Rate of Exchange the same should be discharged; This will enable the English Merchants to bring their Money Home, without any Loss, let the Exchange rise to what it will, unless the Courts should be guilty of flagrant Injustice by settling the Exchange lower than Bills of Exchange can be purchased for, as it is notoiious they lhave always fixed it at the very highest Rate. One Reason for issuing Treasury Notes was, hecause all the Gold and Silver of the Country had been drawn away by the Armies to the Northward, and it would have been the greatest Grievance that ever People underwent, to make themn receive this Sort of Money for Debts due to them, and not allow them to discharge the Debts due from them in the same, when it was impossible to exchange it for any other; And this as appears from what has been said above is as good as any other to the Merchants in Great Britain. They were under a Necessity of making these Notes or Bills of Exchange a proper Tender for Sterling Debts, and there can be no Doubt that the English Merchants would chuse the former.
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You will, we hope, endeavour to prevent any ill Consequences from these Complaints, and that you may be prepared for that Purpose, we must refer you to the Representation of the Burgesses of Virginia to his Majesty, a Copy whereof is inclosed, anid also to a Paper containing fiurther Reasons on this Subject. You are desired to get a Copy of the Account of Mr. Dinwiddie's Disposition of the /20.000 granted by his Majesty for the use of thic Colony, passed with the Treasury, and to send the same to this Committee with Copies of the Vouchers by which the same was passed. We must refer you to the Representation above-mentioned on this Poinit, by which you will easily discover our Reasons for this Request. Be pleased to take Notice, that this Representation is not to be presented to his Majesty, as it has already been delivered to Mr. Secretary Pitt, and is only intended to instruct yotu in the several Matters now reconmnmended to you. *As we have not seen a certain Remonstrance drawn up by soine Clergymen of this Colony, supported as it is said by the ILord Bishop of London, & presented to the Board of Trade, against an Act of Assembly passed here, intituled " An Act to enable the Inhabitants of this Colony to discharge their public Dues, Officers Fees, and other Tobacco Debts in Money for the ensuing Year," and are unacquainted with any Reports or Determininations that have been made on that, or any other Act of' Assem)bly complained of in that Remonstrance, we cannot give you our Opinion and Instructions so fully on this Head, as we should otherwise chuse. But we persuade ourselves that by stating to you the Reasons that governed in the passing of that Act, you will be sufficiently enabled to remoive the Imputations of Arbytraryness and Disloyalty, which from comon Rumour we collect, have been aimed at in that Remonstrance, to the great Abuse of the Legislature, and Injury of the Country, if it has been in any manner countenanced, as it will be establishing a Precedent for Mal-Contents of every Kind (with which no doubt all Communities abound) to endeavour to weaken one of the principal Instruments of the Civil Power, by private Misrepreseitations of things. * See note at end of artic
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By the Constitutioii which we have hitherto enjoyed, every Act that receives the Consent of the Governor, Council and Burgesses of the (Colony obtains the Force of a Law aimiongst us, until his Majesty shall thinik proper by Proclamation to declare his Disapprobation. And if there are any Acts enideavoured at that iinterfere wich any general or particular Instructioi to the Governior, sLICh (if by a Change of Circumiistanices whiclh are ever fluctuatinig) they are thought benieficial to the Comnmunity, are always eniacted without any Force or Effect as a Law, until his Majesty's Pleasure shall be known, bv a suspendiing Clause in the Act. Further, if his Majesty shall at any timiie think proper to give his Assent to any subsisting Act of Assembly, stuch Act theni obtainis such a Degree of Firminess in the Constitution, as it caninot be altered by anly subsequent Act witlhout tthe concurring Conisent of all the several Branches that conIstituted it. And these Rules of Proceeding have been sacredly observed by the Legislature of this Colony, thro' a dutiful Regard as well to the Royal Autlhority, as to the Preservation of the Constitution. Tobacco is the Staple, and indeed only Coimmodity in the Coutitry, fromii whenlce any tollerable Profit canl arise. To this 'tis to be presumed it is owing, that nmost of our Taxes and Salaries, &c., of a public Nature were made leviable in Tobacco 'till the present War, in which as the immediate Wantof Money made the Emiiission of a paper Currency unavoidable, the Taxes were necessarily laid in Money. that so nmuch of such emitted Paper should aninually be sunk, by repayinlg it into the Treasury fromli whence it was made issuable. The several fees therefore due to the Clerks of the Courts of Justice, and other Officers in this Colony have been fronm long Conitinuance paid in Tobacco. It nmust be observed, that when the Salaries of the Clergy wer-e first settled at I6,ooo lbs. of Tobacco that Commodity was rated at ios. sterling '# hundred, which made their Provision Eighty Pounds sterling per Annunm. In the Year 1748, when the Laws of the Country were revised, the Act which established the Salaries of the Clergy was re-enacted with such Amiendments in their favour, that remioved all Doubts as to their temporal Rights for Want of Iniductioni and indeed greatly added to the Value
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of their Salaries. For as Tobacco was at that time under a public Inspection, and the price of it raised at Market as the necessary Consequence of burning that which was bad, the Assembly gave the Clergy in that Act a further Levy on their Parishioners of four Pounds in the hundred, to answer the Deductions then thought necessary to be made, between the paying into the Warehouses, and receiving the same out again, which you will find called in the Act Shrinkage, an Article paid by all other Claimers whatsoever from the public, which Act amonigst many others received the Royal Assent, without any particular Application from this Colony. This Act, tho' made so much in Favour of the Clergy it seenms has been by them construed into a disloyal Attack on his Majesty's Prerogative, and the Bishop of London, we are informed, has in a Letter to the Lords of Trade, been pleased to represent it as taking a large Stride that Way, because as he says, the Right of Presentation is by the Act taken from his Majesty, and declared to be in the Vestries, tho' it is certain the Vestries always before the passing of that Act enjoyed that Right, and the Design of the Act plainly appears to be, only to extend the time of Presentation from Six Months, as it is in England, to twelve, and the lengthening the time must appear to be extreemly reasonable, when it is considered that from the Scarcity of Clergymen in this Colony, the Parishes generally remain vacant 'til a Minister can be procured fronm England. The Crop of Tobacco in 1758 was so universally short that Petitions from all Parts of the Country were presented to the Assembly, to desire Relief against the possible Exactions of Creditors both public and private. As this was an Evil justly to be dreaded, the Legislature with every prudent Precaution, made all Debts, Fees, Salaries, &C., payable in Tobacco, at the Option of the Debtor, after the Rate of two pence per pound for transfer Tobacco, provided the same were paid within a certain limitted Time, governed by the most early Expectations of the new Crop. And as the time setiled by Law for the payment of the Clergymen's Salaries was so near at Hand, presuning it consistent with the Principles of commion Justice, that every Individual of the Comnmuniity considered as a Creditor, whose Debts must really have arisen from
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the Expectations of common Crops, ought to Restriction, they made no Exceptioni as to the Act in 1748. This, we are informed, has been represented by the Clergy to the Lords of Trade, as a Deviation from the before mentioned Rule of the Constitution and derogatory to the Royal Authority, tho' we can conceive, that on a fair and thorough Examination of the matter, the contrary will appear, and in the unhappy Circumstances the Country was in at that time, be looked upon rather as an Aid to, than a Deviation from that Act. And we have the greatest Reason to be confirined in that Opinion, as several Acts have heretofore been passed for the same purpose, which have from time to time been regularly transinitted to the Lords of Trade, and by them referred to their Solicitor, which certainly would [not?] have been done, had they appeared to their Lordships in the Light they are now represented. The first of these Acts was passed in the 27th Year of his Majesty's Reign, Chap. 8. intituled "An Act for paying the Minister in the Parish of Frederick in the County of Frederick, and of Augusta in the County of Augusta, and of Hampshire in the County of Hamlipsh' One hundred Pounds annually, instead of the Salaries now allowed" Another passed in the sanme Year Chap. Xo. intit" "An Act for allowing the Inhabitants of the Counties of Halifax, Hampshire and Bedford to discharge their public Dues and Officer's Fees in Money instead of Tobacco." And another passed in the 28th Year of his Majesty's Reign, Chap. I7 (I755) intituled "An Act for enabling the Inhabitants of the Counties of Princess Anne and Norfolk to pay their public Dues in noney." These Acts. tho' apparently passed in Favour of the Ministers of the several Parishes, and at the Prayer of some of thenm, have been lately represented by some of the Clergy to their Lordships. in the same unfavourable Light as the Act in 1748, and the Repeal of themii been obtained by their Solicitations, tho' the Ministers for whose Beniefit they were nmade, will be great Sufferers by such Repeal. Another Act also passed in the 29th year of his Majesty's Reign (I755 Chap. 7) intituled "An Act to enable the Inhabitants of this Colony to discharge their Tobacco Debts in Money
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for this present Year," by which the same Provision was made for paying the public Tobacco Creditors in Money, as in the aforementioned Act in I758 now complained of. The Clergy it seems alledge that the Act in 1758 was made only to serve the Rich, and have couloured over their uncharitable Clamour by saying that the Poor would have been more effectually relieved without the Law, because, that as Clergymen, had they been permitted to receive from the Rich the real Value of their Tobacco, they would have been able to have taken much less than two pence per pounnd from the poor; But as essential as Truth may be to their Order, they have in such an Assertion suffered themselves to forget it. The General Assembly was composed of many public Officers. some Claimers from the public, and many Landlords, whose Fees, Claims and Rents were payable in Tobacco, and many of them of greater Amount than the Salary of a Clergyman. How then can this their Argument be reconciled to Truth? Could not each of these rich Men, as they call them, have demanded of their Debtors in the same exorbitant Proportion, as the Clergy should of them, and had they even consulted their own Interest in the Affair, would not the Ballance,-had there been no regulating Law at all-have been greatly in their favour ? And as all other public Officers, Claimers from the public & Landlords (tho' not of the General Assembly) to say nothing of private Creditors who must generally have contracted their Accounts or Bargains under the Probability of usual Crops) must have had a right to partake in this grand Scheme of Extortion, can it be doubted that the poor alone was the Object of the Legislature's Concern ? But to go a little further with this Argument of theirs: Suppose the Clergy alone on Account of the Royal Assent's being obtained to the Act in 1748, had been exempted, and there was indisputably such a general Piety of Disposition amongst tbem, how could this Charity have been extended ? That Act, at the same time it gives their Salaries, directs the method of levying, collecting, &c., of the same, and to have altered it in one Instance must certainly have been as criminal as in another. In this Case, they could only have contracted with their Collectors at a price for their whole Salaries, and it
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would but in most Cases have removed the Method of Exaction from the Clergy to the Collectors: For it must be observed, that tho' the whole Crop of Tobacco made in the Year 1758, was more than sufficient to pay the Ministers' Salaries and other Parish Creditors, who have the same Right with the Clergy under the Law in I748, yet there were Multitudes who did not make enough to answer that Purpose, and those who did make it, could not be compelled to sell to those who had none, the Consequence of which (if no Provision had been made) must have been, that the Collectors would have made Distress upon the poor unhappy Sufferers, and as their Goods & Effects could not be sold for anything but Tobacco, and as there were so few that had any of that Commodity to purchase with, the Goods and Effects must have been either sold at a very low Rate, or remain in the Hands of the Collectors for want of Purchasers, whereby the Poor would have been great Sufferers, and the Clergy not in the least benefited by it. The whole of this therefore is but a thin Varnish, and leaves too much Room to suspect, from the very nature of murmuring in such Cases, that they themselves rather wanted an Oportunity of feasting as largely as they could on all, both rich and poor. These are the Arguments that may be justly brought to vindicate the Legislature, and confute the Complainants; and as it is impossible but they must have known that things would appear in this Light, when impartially examined into, we cannot but think that the Act complained of, is but the studied Occasion of Contention to effect some other Purpose, still latent. We know not how far the Affair may have been carried, or whether the Matter can again be laid before the Lords of Trade or any other Board for a Rehearing, but we hope at least, you may have an Oportunity of removing any injurious Censure that may have been passed, and put a Stop to all future Representations till the Country can be heard on the several Matters of Complaint; And we doubt not but they will appear to be fully justified in their Proceedings both to their King and Country. As the Country looks upon it as their Duty (since the Act of Assembly complained of by the Clergy hath had its Effect) to support the Execution of it, by protecting the Parishes in the Suits that may be brought against them on the Act in 1748, We
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further direct you to employ proper Persons to defend the Vestries or Collectors against any Proceedings that may be carded to England, in a Suit that is just brouight by one Mr. Camm, the Minister of York-hampton Parish in the County of York, and the Expences attending the same will be remitted to you on the first Notice. We have nothing further to add, but to desire of you if it should not be agreeable to you to engage in this Business as Agent, that you will be so kind as to officiate in Behalf of this Country, 'till we can have Notice of your Refusal to appoint some other Gentleman, and in particular to watch and oppose every Attempt that shall be endeavoured at to repeal this Act for appointing an Agent, as we have Reason to ex.pect some Efforts will be made that Way. You are desired to give the earliest Intelligence of any thing that may come to your Knowledge, relative to, or in any manner affecting the Interest of this Colony, and of all your Proceedings in the Execution of the Trust reposed in you, to this Committee, in order to which it is recommended to you to send your Dispatches by the Packet to New York, from whence they may be safely conveyed hither by the Post, if no better Oportunity should offer; And you are further desired to inclose your Dispatches to the Hon'ble William Nelson, Esq', at York Town in Virginia, by whom they will be communicated to this Committee. Weare Sir, Your nmost humble Servants, Wm. Nelson, Thos. Nelson, Philip Grymes, Richard Bland, Ben. Waller, Ro. C. Nicholas, (TO BE CONTINUED) NOTE. Mr. Camm's suit was caused by the passage of the famous "Two Penny Act," which for a number of years produced so much agitation in Virginia.
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The General Assembly at the September session, 1755, induced by the failure of the tobacco crop, and the needs of the colony, arising from the French and Indian War, passed an act authorizing all debts due in tobacco to be paid either in that commodity, or in money at the rate of eighteen shillings and eight pence per hundred pounds. Though some complainits were made there was no legal opposition to this law. Again, in September, I758, for the same reasons, the law was re-enacted, with a provision that it was to be in force for one year. The act provided that it should be " lawful for any person or persons, from whom any tobacco is due by judgement, for rent, by bond, or upon any contract, or for public, county or parish levies, or for any secretarys', clerks', sheriffs', surveyors' or other officers' fees, or by any other ways or means whatsoever, to pay and satisfy the same in tobacco * * * or in money, at the rate of sixteen shillings and eight pence for every hundred pounds of nett tobacco." (Heninig 7, 240.) As the rate fixedl was two pence per pound, the law became known as " The Two Penny Act." The law was general in its provisions; but resistance and objection came only from the parish ministers. Since as early as I696 the salaries of the clergy had been sixteen thousand pounds of tobacco a year, and this amount had been confirmed in 1748 by an act, which had received the King's assent. Two pence per pound was the normal price of tobacco, but in 1755 and 1758 the crops were very sinall and the price went tul) to six pence. The clergy then demanded that they should have the advantage of the rise in the market. Under the royal instructions no law which had received the King's approbation could be repealed by a colonial assembly unless the repealing law contained a clause suspending its action until the King's pleasure should be known. As such a suspension would have nullified the purpose of the act of 1758, the Virginia Assembly omitted the suspending clause. It was claimed by the clergy that the latter act repealed that of I748, and that the violation of the royal instructions in omitting the suspendinig clause rendered the act of I758 null and void. A heated controversy soon began, the leader on the part of the clergy being Rev. John Camm, minister of York-Hampton
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parish, who was answered by Richard Bland and Landon Carter in behalf of the Assembly. Rev. Andrew Burnaby, an English clergyman, who was in Virginia at the time, while disapproving the conduct of the Assembly, condemned the violence of most of the clergy, and their disrespectful treatment of the Governor, and of their Commissary, Rev. William Robinson, who had urged them to moderate measures. A convention of the clergy was held and Mr. Camm was sent to England as their representative. On August IO, 1759, he obtained an order of the Privy Council declaring the act of 1758 illegal and was told that this order would make the act v'id ab initio. He thereupon returned to Virginia and brought suit in York County Court to recover the full market value of his salary. Losing his case in the County Court he appealed to the General Court, where he met the same fate, the latter court holding that the act of 1758 was in force until the date of the King's veto. The persistent clergyman then appealed to the Privy Council in England, but when his case was heard in 1767, it was dismissed on some technicality. It was a common belief at the time that this was a mere pretext, and that the English government was unwilling, so soon after the repeal of the Stamp Act, to give any Colony further cause for irritation. While Mr. Camm's case was pending various other minister's sued their vestries with small results. The most celebrated of these was the " Parsons' Cause " in Hanover county in December, 1762, when Patrick Henry, as counsel for the defendants, first sprung into public note by the eloquence and boldness with which he stated the rights of the people. The long agitation over the " Two-Penny Act," thus ended practically in the entire defeat of the claims of the clergy. It was of more momentous importance than this, for Mr. Henry (Life of Patrick Henry, I, 46) has well summed up the results when he states that not only did the clergy find that " they had greatly weakened their hold upon the public, and had given a fresh impulse to the spirit of dissent already grown strong in the colony; " but also that " the struggle greatly strained the bond between the King and the colonists, and was the prelude to the combat that snapped that bond asunder." For details of these acts and the connected events, see Henry's
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Life of Patrick Henry, I, 28-48; Campbell's History of Virginia, 507-5I8; Cobb's Rise of Religious Liberty in America, io8-iit; Meade's Old Churches andFamilies of Virginia, I, 2i6-225, and (especially for documents showing the clergy's side of the case) Perry's Papers Relating to the History of the Church in Virginia, 434-448, 458-501, 506-5i9. Rev. John Camm was son of Thomas Cariom, of Hornsea, Yorkshire, England. Born in 17I8, he took his B. A. degree at Trinity College, Cambridge, in 1741-42, and came to Virginia in or before I745, when he was minister of Newport Parish, Isle of Wight county. In 1749 he was appoined professor of divinity in William and Mary College, and was its President from I771 to 1777, when he was removed by the Board of Visitors on account of his sympathy with England. He died in 1779, and has many descendants. For account of John Camm and his family see William and Mary Quarterly, IV, 6I-62, 275-278.
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==Article text, July 1903==
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PROCEEDINGS OF THE VIRGINIA COMMITTEE OF CORRESPONDENCE, I759-'67. From the Originals in the Virginia State Archives. (CONTINUED) [DEFENCE OF THE VIRGINIA PAPER CURRENCY.] [Endorsement.] Instructions to the Agent in Defence of the paper Currency * of Virginia, referred to by the Letter from the Com'ee of Cor- respondence of the I2th Decr, 1759. *There is a discussion of the paper money of the Colony of Virginia in Ripley's Finantcial History of Virginzia, pages 153-i62. The author, in conclusion, says that the record of Virginia's first experience with paper money " was on the whole a creditable one." * * * " But we must remember the distress of the times, and the heroic exertions of the colony during the [French and Indian] war. In view of these facts, the moderation and foresight of her statesmen is in marked contrast with the reckliess financiering of some of the other colonies both north and south. " Richard Bland, in a letter written in I771 (and printed in this Magazine,. VI, 127-134), says that the English merchants, at first bitterly op- posed the issue, but that at the time he was writing they were the warm- est solicitors of the Assembly for that very species of money. He also states that of ?75o,ooo treasury notes which were issued during the war,, it was probable that only the amount of ,?6o,ooo was outstanding.
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We are informed that the Merchants of Great Britain are much alarmed at our Assembly's passing some Acts for emitting large Quantities of Paper Money, which is made a legal Tender for alL Debts (the King's Quit-rents excepted) and they are very appre- hensive that they may be great Sufferers thereby, in collecting their Debts due here. These Apprehensions of the Merchants proceed from a mis- taken Notion of our having a Law in force for paying off sterl- ing Debts in Current Money at 25 # Cent Exchanige. No Loss can arise to the Merch"' from making this paper Money a legal Tender for Sterling Debts as the Law now stands, and they are in a much better Condition & less liable to Losses in collecting their Debts, than if nothing but sterling or lawful Money of Great Britain were held a Tender for such Debts, as by the Act of the 6th of Queen Anne, which they so much rely on to be a good precedent in such Case. If this can be shewn, it is to be hoped the Gent in the Trade will be satisfied that there is no Necessity to sollicit their Menmo- rial so far as to procure an Instruction about this Matter. True it is, that before this War, and when Exche was rarely above 25 e Cent, we had a Law to settle the payment of Judg- ments for Sterling Debts at that Rate, and it was passed to pre- vent Disputes about the Exchange, and as a Direction to the Sherifs in levying Executions on these Judgments. There was likewise a further View; to prevent Creditors from taking an un- reasonable Advantage of the Necessity of the Debtor for his forbearing to execute the Judgenient perhaps io or I5 et Cent above the then Current Exchange which, as it was a kind of Traffick about Bills of Exche did not come under the penalties of our Laws against Usury or at least was hard to be come at, & pun- ished by them. But when at the breaking out of the present War, Exche began to rise, or rather it was forseen that it would do so, and it was found that Injustice would be done to many, especially the Merchants in Great Britain, if that Law remained in force, it was repealed by an Act of the 28th Geo. 2d, intituleci "An Act*to amend an Act intituled An Act declaring the Law concerning Executions, & for the Relief of insolvent Debtors *Hening, VI, 478.
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and for other purposes therein Mentioned." The preamble of which shews its Intention to take care of the Merchants Interest, and the principal enacting Clause is " That in any Action which hath been or shall be commenced, and is or shall be depending for the Recovery of any sterling money, in any Court of Record within this Dominion, wherein the plaintif or plts. shall recover, sdch Court shall have power, and are hereby directed by Rule to be entered at the foot of their Judgment in such Action, to order such Judgment to be discharged or levied in Current Money, at such a Difference of Exchange as they shall think just, any Law usuage or Custom to the contrary thereof in any wise not- withstanding." And what rate of Exche can a Court under the Direction of this Act think just, but that which is current at the time of entering the Judgment, or such a one, that the Merchant may have his whole Debt remitted to him, without those Losses they so much apprehend? If our notable Agent * at the other End of the town had known and stated these things to the Merchants, they would hardly have thought it necessary to present any Memorial about it. And this it was his Duty to have known and done, as he nas an Allowance of ?200 # Annum to negotiate the Affairs of the Country; And these Acts above mentioned are regularly trans- mitted, as he knows, to the Board of Trade, and were remaining in that Office at the very time the Memorial was presented. But it may be thought that the greatest Difficulty is yet to come, Vizt. to obviate the heavy Complaint-and that which seems to carry weight at first View, that the Assembly have passed a a Law, ex post Facto, to declare paper Bills of Credit a good Tender even for sterling Debts contracted before the passing such Law, whereas the Merchants think that nothing less than sterl- ing or lawful money of Great Britain, should be allowed to be a good Tender, agreeable to the Act t of the 6th of Queen Ann especially for such precontracted Debts. This is to be done, and ? James Abercromby, agent for Virginia from January, 1753, to January, 1758, and for the Governor and Council only until 1773. See note Din- widdie Papers, I, 37-38. tThis probably refers to the act of gth Anne, October, 1710, Iening, III, 502.
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at the same time, it is to be shewn, that the Merchants are in a better Condition, and less liable to Losses in receiving their sterl- ing Debts under our Laws, than they would be, if nothinig but sterling or lawful Money of Great Britain were held a Tenider. For this purpose let us suppose that a Merch't in London ob- tains a Judgment here for fioo sterling, the Debtor is obliged by the 6th of Queen Ann, and therefore procures /ioo sterling or lawful Money of Great Britaini, & pays this Debt; Now this Sum being only of equal Value to /125 Curr't Money; and Exch'e beinig now at 35 e C't (and in War ti'me it is rarely lower), the Agent here must in that Case give /ro Curr't Money nmore to purchase a Bill of Exchange to remit this Debt to his principal, which /io is so much real Loss to the Mer- chant; whereas by the Provision of our Law, no such Loss is incurred, but the Creditor hath his whole /I35 decreed to him, with which a Bill is bought and the full Debt remitted. Thus it is hoped the proposition is proved, and that our Leg- islature have conceived just Apprehensions of the Interest of the Merchants, and all other Creditors for Sterling Debts, and have made a proper provision for their Security. But to set this Matter still in a stronger Light: The Merchants in their Memorial quote the provisions in the Act of the 6th of Queen Anne, that even foreign Gold and Silver Coin, nmade current by that Act, was not to be held a legal Tender for ster- ling Debts, nmuch less ought paper Bills of Credit, which are, they say, of a local, uncertain and fluctuating Value. But give us leave to tell them, that if they had no better Dependance than that Act affords for collecting their sterling Debts, they might be great Sufferers indeed; For tho' that Act, when it was made, and for maniy years after was a good provision for them in that Respect (nothing but sterling or lawful British Money being a legal Tender for sterling Debts) inasmuch as the Ex- change then current here was under the Rate settled by that Act, vizt 25 # Cent, or one shilling passed for I s. 3d, but since Exchange hath been higher than that, which is always the case in time of War, a Tenider exactly agreeable to that Act, would occasion a Loss to the Merchants of so much as 25 If cent falls short of the highest Exchange, viz' IO, I5 or perhaps 20 7 cent.
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Let it be observed, that however contemptibly the Merchants look upon this paper Money, as of a local, uncertain and fluc- tuating Value, yet it is enmitted on such Funds that every one is glad to receive it in any kind of payment, and Exchange is now 1o F Cent lower than it was last War, when we had nothing current but gold and silver Coin, a Circumstance very favourable to the Credit of our paper. And altho' the King's Quit rents as the Merchants rightly observe, are not payable in paper, by that Act, that was done, because his Majesty had by Instruction to the Governor and Officers of his Revenue, directed them to be received only in Sterling, or Gold and Silver Coin at a cer- taini Rate, which Instruction, the Governor durst not contravene by including them in the Act, yet the Receiver General never -refuses paper Money for the Quit rents, because he can readily procure Bills of Exchange for it. [SECRETARY PITT'S LETTER TO THE GOVERNOR OF VIRGINIA.] [Endorsement. ] Copy. Mr. Secretary Pitt's * Letter to the Lieutt Gov" of Virginia of 9 Dec", 1758, referred to by the Come of Correspond- ence in their Letter to the Agent of the 12 Decr, '759. White Hall, gth Decr, 1758. (Triplicate.) Sir,-His Majesty having nothing so much at Heart as to imn- -prove the great and important Advantages gain'd the last Cam- pain,t as well as to repair the Disappointment at Ticonderoga, and by the most vigorous and extensive Efforts to avert, by the Blessing of God on his Arms all Dangers which nlay threaten North America from any future Irruptions of the French; And the King not doubting that all his faithful and brave Subjects there, will chearfully co-operate with and second to the utmost, * William Pitt, appointed Secretary of State of England in '757. t During the summer of 1758 Louisburg and Fort Frontenac were cap- tured from the French and Fort Du Quesne was occupied on November 25, but the news of this last capture had hardly been received in Eng- land when Pitt's letter was written. In July the English forces under Abercromby were defeated before Ticonder
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the large Expence & extraordinary Succours supplied by this Kingdom for their preservation & Defence; And his Majesty considering that the several provinces from Pensylvania inclusive, to the Southward, are well able, with proper Encouragements to furnish a Body of several Thousand Men * to join the King's Forces in those parts for some offensive Operations against the Enemy; And his Ma'ty not judging it expedient to limit the Zeal and Ardour of any of his provinces, by making a Reparti- tion of the Forces to be raised by each respectively for this most important Service. I am commanded to signify to you the King's pleasure that you do forthwith use your utmost Endeavours & Influence with the Council and Assembly of your province, to induice them to raise with all possible Dispatch within your Gov- ernment, at least as large a Body of Men as they did for the last Campaign, and even as nlany more as the Number and Situation of the Inhabitants may allow, and forming the same into Regi- ments as far as shall be found convenient. That you do direct them to hold themselves in Readiness, as early as may be, to march to the Rendezvous at such place or places as may be named for that purpose by the Commander in Chief of his Majesty's Forces in America, or by the Officer who shall be appointed to command the King's Forces in those parts in order to proceed * During the French and Indian war Virginiia kept constantly in service one, and sometimes two regiments of colonial regulars, in addition to companies of rangers, and to large bodies of militia which were fre- quently called out. Lists of some of the militia may be found in Hening, VII, 21-25, 179- 231, VIII, 126--133. In the same work, VII, 493, is a list of the officers. of Byrd's regiment as they stood at the time it was disbanded in 1763. In the Virginia Magazine of History and Biography, I, 378-390; II, 37- 49, 143-153, are rosters of various Virginia companies from the " Wash- ington Papers " in the State Department, Washingtpn. There is in the Virginia State Land Office a large number of certificates filed with appli- cations for land bounty under the royal proclamation of 1763. These cer- tificates have recently been copied for this Society and have been bound in two large indexed volumes, comprising 587 pages. Among the names. are those of about 128 officers and 6r5 privates and non-commissioned officers. It is evident that a large number of certificates are missing or that many.privates did not apply for land. There are also in the Land Office three books containing lists of grantees of land under the Proclamation of 1763.
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from thence, in Conjunction with a Body of his Ma'ty's British Forces, and under the supreme Command of the Officer to be appointed as above, so as to be in a Situation to begin by the first of May, if possible, or as soon after as shall be any way practicable, such offensive Operatious as shall be judged by the Commander of his Majesty's Forces in those parts most expe- dient for annoying the Enemy, and most efficatious towards re- moving and repelling the Dangers that threaten the Frontiers of any of the Southern Colonies on the Continent of America. And the better to facilitate this important Service, the King is pleased to leave it to you to issue Commissions to such Gent of your Province, as you shall judge from their Weight and Credit with the people & their Zeal for the public Service may be best disposed & enabled to quicken and effectuate the speedy levying of the greatest number of Men, in the Disposition of which Com- missions I am persuaded you will have nothing in View but the Good of the King's Service, and a due Subordination of the whole, when joined to his Majesty's Commander. And all Offi- cers of the provincial Forces, as high as Colonels inclusive, are to have Rank according to their several respective Commissions agreeable to the Regulations contained in his Majesty's Warrant of the 30th of December last Year. The King is further pleased to furnish all the Men so raised as above with Arms, Ammunition and Tents, as well as to order provisions to be issued to the same, in the same proportion and manner as is done to the rest of the King's Forces; And a suffi- cient Train of Artillery will also be provided at his Majesty's Ex- pence, for the Operations of the Campaign. The whole there- fore that thre King expects and requires from the several provinces is, the levying cloathing and pay of the Men; And on these Heads also that no Encouragement may be wanting to the fullest Exertion of your Force; his Majesty is further most graciously pleased to permit me to acquaint you that strong Recommenda- tions will be made to parliament in their Session next Year to grant a proper Compensation for such Expences as above, ac- cordingly as the active Vigour & strenuous Efforts of the respec- tive provinces shall justly appear to merit. It is his Majesty's pleasure that you do, with patticular Dili- gence, imnmediately collect and put into the best condition all
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the Arms issued last campaign, which can be any ways rendered serviceable, or that can be found within your Government, in ordet that the same may be employed as far as they will go in this Exigency. I am at the same time to acquaint you, that a reasonable Sup- ply of Arms will be sent fronm England, to replace such as may have been lost, or have become unfit for future service. I am further to inform you, that similar Orders are sent by thiis Conveyance, to Pensylvania, Maryland, North Carolinaand South Carolina. The Northern Governments are also directed to raise Men in the same Manner. to be employed in such offen- sive Operations as the Circumstances and Situation of the En- emy's Possessions in those parts may point out, which it is hoped will oblidge them so to divide their Attention and Forces, as will render the several Attempts more easy & suc- cessful. It is unnecessary to add anything to animate your Zeal in the execution of his Majesty's Orders on this great Occasion, where the future Safety and Wellfare of America, and of your own province in particular, are at stake, and the King doubts not fromn your knowni Fidelity and Attachment, that you will employ yourself with the utmost Application and Dispatch in this urgent and decisive Crisis. I am, Sir, Your most obedt h'ble Serv', W: PITT. Lieut. GoVr of Virginia. [SECRETARY PITT'S LETTER TO THE GOVERNOR OF VIRGINIA.] [Endorsement.] Copy. Mr. Secretary Pitt's Letterof 29th Decr, I758, to the GovT of Virginia-referred to by the Comee of Correspond?e in their Letter to the Agent of Decr I2, 1759. (Duplicate.) Whitehall, 29th Decr. I758. Sir,-In transmitting to you the inclosed Triplicate of my Letter of the gth Instant, I have the King's particular Com- niands to renew and enforce in the strongest Manner the Neces-
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sity of a punctual Compliance with the Orders therein contained, and you will accordingly urge in the most expressive Terms to the Council and Assembly of your Colony, the Importance of their exerting themselves in the present critical and decisive Moment, in whlich their own Interests and Security are so nearly concerned, that it would seem superfluous to add the further Motives of their Duty to the King and of the Gratitude they owe to this Country, for the very Expence and Succours sup- plied for their immediate Defence, & for the future Safety of all their Rights and Possessions in America; and the levying the Meni to be furnished by the several provinices without any delay, and in such time that they may not fail to be at the Rendezvous that shall be appointed for them, so as to be ready to commence the Operations by the ist of May. is so essential, as well for pre- venting the extraordinary Efforts which it is supposed the Enemy is preparing to make to stop the future Progress of his Majesty's Arms in America, as for pushing with Success the ensuing Cam- paign, that it is the King's pleasure that you do employ the utmiost Diligence and every means in your power to forward and expedite this Service in the most effectual manner, and to avoid any Disappointment happening from the slowness of the Levies, or from the men, who shall be raised, not proceeding in due time to the Rendezvous. With Regard to the expences incurred by your Colony, for the last Campaign, I am further to acquaint you, that as soon as the Agents of the respective provinces, duly authorized, shall produce the necessary Documents, the same will, without Delay, be recommended to parliament for a reasonable compensation, agreeble to the gracious Assurances which the King was pleased to allow me to give in my Letter of the 30th of December last Year. I am, Sir, Your most obedient humble Servant, W. PITT. Lieutt GoVr of Virginia.
This content
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[Endorsement.] October 7, I 760. Proceedings Council. AT A COMITTEE OF CORRESPONDENCE HELD AT THE CAPITOL, OCTOBER 7, 1760. Present: The hon'ble W. Nelson, T. Nelson & Ph. Gryrnes, Esq"r, J. Robinson, P. Randolph, Chas. Carter, Mr. Waller, Mr. Wythe, Mr. Bland, & R. C. Nicholas, Esqrs. Mr. Nelson communicated to the Committee two Letters lately come to his Hands from Mr. Montague the Agent, which were read, as wasalsoa Copy of Sir Matthew Lamnb's Opinion on the Act for appointing an Agent, which is niention'd in Mr. Monta- gue's Letters. On Consideration whereof it is the opinion of the Comittee that Mr. Nelson be desired to lay the said Letters before the Council in order to obtain the Opinion & further Directions of the General Assembly (now sitting) thereon. The Comittee taking into Consideration that the Letters from the Agent by means of their being directed ptublicly to this Com. mav possibly excite the Curiosity of People into whose Hands they may casually fall in their Passage hither, and so be opened and suppressed or detained, are of opinion and do ac- cordingly direct that in the next Letter to be sent from this Com. to the Agent he be desired to address his future Letters to Mr. Nelson alone, without the Addition of his being one of the Members of this Com. On the - day of October the Proceedings of this Commnit- tee were laid before the House of Burgesses, pursuant to their Orders, and on the 20th October the House of Burgesses came to the following Resolution, vid-[not given]. AT A COM'E HELD AT THE CAPITOL, NOV'R 3, I760. Present: The hon'ble W. Nelson, T. Nelson, Pet Randolph, Esq"r, Jno. Robinson, P. Randolph, B. Waller, Richard Bland,. Esq The sev' Lr from the Agent to this Comee were again read. Resolved that P. Randolph, Esqr, Mr. Atto & Mr. Bland be appointed a Com. to prepare a Lr to Mr. Montague, in wlich they are to inform him of the Rect of his Letters, & that ye Com
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are well satisfied with his Conduct hitherto; that he must hence- forward look upon himself as Agent for this Colony to all In- tents and purposes, & not suffer any other person to interfere with him in ye Execution of his Office; that they notify to him that the Gen' Assembly have passed an Act to explain & amend the Act for appointg him to his office agreeable to Sr Mattw Lamb's opinion laid before ye Lds of Trade, &c. Also, that they inform him of two other Acts passed the last Session-viz: Supply Bill & ye Act for appointing Receivers of the Money granted by Parliamt, &c., &c. That they give him an Account of thie sev' sums of money granted by this Colony during the Course of the War from the Beginning to this time. That they also inform him of the Address & Representation to his Mat' agreed upon by the Council & H. of Burgesses, and desire him to present ye same in the most proper manner-& that in pur- suance of those Acts Bills of Exchane are drawn upon Mr. Aber- crombie by the persons thereby directed, & that if any Difficulty shd attend the procuring paymt of those Bills he use his utmost Endeavours to remove them, and also furnish him with Reasons & Arguments for supporting them effectually & that they advise him to have Recourse to the sev' Acts of Assembly therein par- ticularly mentioned. That he be likewise told the Govr has ac- quainted this Com. that he has wrote to him to desire his Assis0e to wipe off any Odium he may be under or any Asper- sion thrown on him for giving his Assent to the sevl Acts of Ass: of this Colony lately repealed by his Majesty, & that this Com. desire he will to his utmost assist his Honr therein. Ordd, That the Clerk prepare another Copy of the former letter & Instructions & other Papers sent Home therewith; Also 3 Copies of the three Acts above mentioned properly authenti- cated under the Seal of the Colony, and as many Copies of the Address & Representation to his Majesty. AT A COM'E HELD THE 6 NOV'R, 1760. Pres: The hon'ble W. Nelson, T. Nelson, P. Grymes & Pet. Randolph, Esqru, J. Robinson, B. Waller, G. Wythe & R. C. Nicholas. The Com. appointed presented a Letter they had prepared
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for the Agent agreeable to the sev' Resolutions of the last Comee which, with some Anmendments now made, was agreed to. Ordd, That the same be fairly transcribed immediately, and that two other farir Copies be also prepared with all Dispatch, to be sent home by 3 sev' diff' Ships. Ordd, That the C'lk prepare a fourth Copy of the first Lr and Instructions & the sev' Papers therein ment4 & refP to, to be senit home by the first Ships, the Comi. being inform'd that ye two first already sent are taken. The L this day agreed to is as follows: [LETTER TO THE AGENT.] [Endorsement.] Second Letter to the Agent, Nov. sth, 1760. Wm5burg, Nov. 5th, I760. Sir,-Yours of the first and twentieth of May & nineteenth of July have been receiv'd by the ComLL & laid before the Gen- eral Assembly. Your Readiness in accepting the Agency, we are to acquaint you, gave them no small Pleasure, as they have ye imost sanguine Expectations that great Advantages will be derived to this Colony, from your Weight & Influence. Your asserting your Right as Agent, particularly in the Affair relating to the Money voted by Parliament, was highly approved of. And we were no less pleased with your immediate Resolution to give up your Claim to any Advantage arising from the Rec't of that Money, as soon as you thought any Delay in the remitting it might possibly be a Prejudice to this Colony. Prom this step, we are persuaded, that you will on every occasion prefer the Good of the People you represent to any private views. We think you judged very right in refusing to sign the Papers offer'd to you by Mr. Abercrombie, as you are by no Means to look on him as Agent for Virginia, but to consider yourself as such to all Intents & Purposes, & not to sufler any other Person to interfere with you in the Execution of your office. However, it is not our Intention to restrain you from joining Mr. Aber- crombie, or aniy other Gent. in any Sollicitation that may prob- ably be for the Benefit of this Colony. The Governor* having inform'd the Comee that he has wrote * Francis Fauquier, Governor of Virginia, June, 1758-March, 1768.
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to you, desiring you to join Mr. Abercrombie in removing any ill Impressions the Ministry may have of him, on his giving his Assent to several Laws, which have been judged to be contrary to his Majesty's Instructions, & consequently repeal'd by his Royal Proclamation, we earnestly recommend it to you to con- tribute every thing in your Power to wipe off any Odium he may be under, or any Aspersion thrown on him for passing those Acts. We are the more pressing on this Occasion from the great Esteem we have for that Gent, who in every Instance, of his Administration, has demonstrated his Dutv to his Majesty, and his Affection to the People under his Government. Altho' we must confess that the Governor, in passing those Acts, did not strictly adhere to his Instructions, yet he had no Reasoni to be apprehensive of incurring his Majesty's Displeasure, as former Governors had pass'd several Acts of the same Nature, which hadl never been complain'd of. The General Assembly at the last Session pass'ci an Act* for explaining and anmending an Act for appointing an Agent, which, we flatter ourselves, will remove Sr. Matthew Lamb's Objection. For, we must acquaint you, that it was never the Design of that Act to deprive any Branch of the Legislature of a concurrent Power in the Appointment, or Deprivation of an Agent, nor cou'd we conceive that it wou'd ever be taken in that sense. The Assembly at the same Session pass'd two other Acts,t the one for recruiting & further continuing the old Regiment in the Service of this Colony, and for other Purposes therein men - tioned, the other for appointing Persons to receive the Money granted or to be granted by the Parliament of Great Britaini to his Majesty for the use of this Colony. By a Clause in the former of these Acts the Governor, President & Speaker are authoriz'd to draw Bills of Exchange on James Abercrombie, Esq., to the Amotunt of twenty thousand Pounds Virginia Cur- rency. And by the other Act, the said Governor, President & Speaker are authoriz'd & empower'd to draw Bills of Exchange * Hening, V1I, 375. t Hlening, Vii, 369 and 372. The latter act recites that /52,814.19 had been allotted to Virginia out of the amounit voted by Parliament in 1757 and 1758 for the relief of the American colonies.
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on the sd. James Abercrombie for the Ballance remaining in his Hanids of the several Sums of 632,260. i9 and /20,546 alloted by his Majesty for this Colony. And by the sd. Act you are authoriz'd, directed & empower'd to receive all such other Sum or Sums of Money as already have been or hereafter may be granted by the Parliament of Great Britain to his Majesty for the Use of this Colony, and as you advise us that Mr. Abercrombie has put in his Claim for our Proportion of the last Sum granted to the Americani Colonies, we desire that you will demand any Money he inay have received on that Acct of him; you'll please to inform yourself what Comissions are allowed to the Agents of the other Colonies & advise us thereof that we may be satis- fied Mr. Abercrombie has not imposed on us in his Charge. Copies of the said Acts will be transmitted to you, and in Pur- suance of the two last mention'd Acts, the Governor, President & Speaker have drawn several Bills. We can scarce think that Mr. Abercrombie will not pay due Honor to them as the Method pursued was pointed out by him. But if he shou'd not, you will be particularly attentive to remove his Objections. The Gen' Assembly being under the greatest Concern to find that their Conduct had been misrepresented, & that they had been accus'd of attempting, in many Instances to infringe the establish'd Rules of Government, & to violate the Royal Pre- rogative* have drawn up an Address and Representation to his Majesty, setting forth the Proceedings of the Legislature, by which they hope their Conduct will appear in a more favourable Light. Copies of the Address & Representation by the Direc- tions of the Gen' Assembly are herewith inclos'd, and you are desir'd to present them in the most proper Manner. We refer you to the Reasons in the Representation for the passing the several Acts therein mention'd, which we conceive will be suffi- cient to acquit the Legislature of any sinister or disloyal Inten- tions. But as the Matters contain'd in the latter Part of the Representation are of the greatest Importance to this Colony, & the very being of the Constitution depending thereon, it may be necessary to add some further Observations and Reasons to * This refers to the " Two-Penny Act," regarding the payment of to- bacco debts in money. See April number of this Magazine.
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those contained therein. The Instructions to the Governor of this Colony were given by King Charles the second soon after the Restoration, & have had little Alteration since. By the i6th Article of those Instructions the Governor is directed to pass no Act of a less Continuance than two Years, & no Act repeal- ing or amending any other Act, whether the same has or has not receiv'd his Majesty's Assent, unless a Clause be inserted suspending the Execution thereof until his Royal Pleasure shall be known. So far as relates to the passing Acts for repealing or amending any Act assented to by his Majesty, the Assembly have always paid a due Obedience to his Instructions, but the Instruction relating to the repealing or amending Laws, which never have had his Majesty's Assent, or have been made for a shorter Term than two Years, has never been attended to. And as a proof that this Instruction has not always been enforced even by the Ministry, the General Assembly revis'd our Laws in 1748, when many of them were both alter'd & repeal'd. The Ministry at that Time were so far from disapproving their Con- duct, that they recommended it to the other Colonies to imi- tate their Example. By a Recourse to the Laws, you'll find that the Assemblies have exercis'd this Power ever since the Date of the Instructions so much relied on. And we are per- suaded that this Instruction wou'd not at this Time have been enforced, had it not been for the Clamour of a few dissatisfied Clergy, who preferring their own Interest to every other Con- sideration, have not hesitated by their cunning & artful Insinu- ations, & by their false & scandalous Representations to blacken the Character of the Legislature of this Colony. Upon this factious Complaint of the Clergy his Majesty has been pleas'd to send an Additional Instruction to enforce that old Instruction, which has been so long consider'd as obsolete, By which the Governor, who is on every Occasion desirous of promoting the Interest & Happiness of this Colony, thinks himself restrain'd from passing any Act contrary to the Letter thereof. And it is apparent that if he shou'd adhere thereto, the Privilege of mak- ing Laws, which all his Majesty's Colonies have, & ought to enjoy, will be abridg'd, & in a great Measure abolish'd. For all Countries are liable to such Changes & Accidents, as require the immediate Interposition of the Legislature, And no less t
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an infallible Power can form Laws so perfect that they may not afterwards stand in Need of Alterations or Amendments. You can easily suggest the many Inconveniencies we must necessa- rily labour under, by being oblig'd to suspend the Execution of any Act, let ye emergenicy be ever so great, till his Majesty's Pleasure can be known. It is well known, that we have been in a state of War ever since the Year I753; that we have been under a Necessity to make annual Provision for our Troops, and to guard against the various & unforseen Events which ml]ust happen at such a Time; That an Aninual Provision must be made to prevent Mutiny & Desertion, neither of which can be done if we are restrain'd by Instructions from passing such oc- casional Laws. And it is remiarkable that one of Sr. M. L's Objections to the Act for appointing an Agent is to its Continu- ance for 7 Y'rs, & he recommends the passing an Act for this ppurpose from yr to Year, at the very time that his Mat'y is en- forcing the Instruction above mentioned. In the Year 1705 An Act* pass'd for paying the Burgesses one hundred & thirty Pounds of Tob? & Cash e Day for their Wages. At that Time this was equal to ten shillings # Day, but Tobo having since greatly advanc'd in Price the Burgesses have scarce ever fail'd to pass an Act for paying their Wages in Money at ten shillings ' Day in Lieu of Tob?. This was (lone for the Ease of the People & may convince anv impartial Person that the Burgesses have not always acted upon self'interested Principles. This late Instruction restrains the Assembly from giving up even their own Rights. Having furnish'd you with every Argument that occurs to tus otn this Occasion, except such as are already made use of in the Representation, we have only to desire you to use your utmliost Endeavours either to have this Instruction counternmandedi or alter'd in such a Manner that it mav not so sensibly affect the Interest & Liberty of the People of this Colony. You are also to take every Method of justifying the Conduct -of the Gen' Assembly in passitng those Laws so imiuch complain'd of by the Clergy, & repealed by his Majesty's Proclamation. From the- Reasonableness of our Request we cannot doubt of your success. *Henitng, IIJ, 244.
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Any Expence attending these Sollicitations will be repaid you. We are, &c. P. S. You'll please to address your future L'rs for the Com'ee to ye hon'ble Wm Nelson, Esqr, alone, & without the Addition of his being a member of this Come. This is thought a neces- sary Caution to secure 'em from ye Inspection of such as might be curious enough to open them. [Endorsement.] PROCEEDINGS OF THE COM'E, MAY 4, 176I. At a Committee held at the Capitol, MaY 4, 176I. Present: The hon'ble William Nelson, Thomas Nelson, Philip Grymes & Peter Randolph, Esqrs; Peyton Randolph, Benjamin Waller, George Wythe & Robt. Carter Nicholas, Esqrs. Mr. Nelson informed the Board that he had convened them to consider of several Matters lately occurred, which he thought required the Care & Attention of the Agent in Gt Britain, vizt.: The Case of Thornton & als vs. Buchanan, & Hamilton, late of London, Bankrupts, & their Assignees & Factors here, in which a Decree passed this prest G' Ct in favr of the Plts. from which the Deft's had pray'd an App' to the King in his privy Council. That this Decree being founded on an Act* of Ass. of this Colony, made in 1744-to wit: "An Act for the Relief of certain Creditors," which is a very beneficial Law to the Subject here, it might be necessary for the Agent to assist in the Debate in England in order to support that Law. Anor thing he proposed to ye Considn of the Board, was an Expression in Mr. Secretary Pitt's last letter to his Honr the- Govr, which he had laid before the Ass., in which the Colony is accused of being remiss in their Duty to his Majesty in not rais- ing a suffi' Number of Men for the Campain in 1760, which point he thought it necessary shd be clear'd up in England. The last point Mr. Nelsoni desired Opinion of the Com'ee in, was the public Complaint of the People for the wt of a Man of War to protect our Coast. * Heoing, V, 244.
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On mature Consid0 of these sev' Matters the Committee were of Opinion that the Agent ought to receive Instructions therein & be desired to. Mr. Nelson then presented to the Board a letter which he had previously prepared for the Purposes above mentioned, & the same being read, was with some Amendments approved of, & thereupon it was Ord', that sd Lr be fairly transcribed & that the Cl'k procure authenticated Copies of the sev' Papers referred to by the sd Letter to be transmitted therewith. The Letter is as follows: [LETTER TO THE AGENT.] (Endorsement.) 3d Letter to the Agent, May 4, 176I. Virginia, April 30, I761. Edward Montague, Esqr. Sir,-By the Receipt of our last Dispatches to you by Capt Perry, Via Bristol, you will have seen how very unfortunate we have been, in having the first and second Copies taken by the Enemy. When you received the third, you would have full Instructions in every Matter that it was then necessary to trouble you with, relative to this Colony, Since which some things have occurred which we think require your Care and Attention. There hath passed in this present General Court a Decree in Chancery in Favour of John Thornton and others (the Title is inclosed) against the Assignees of the Estate and Effects of George Buchanan & William Hamilton late of the City of Lon- don Bankrupts, for a very conisiderable Sum, near ?5,ooo sterl- ing, from which Decree the Defend" have prayed an Appeal to his Majesty in his Privy Council; And as this Decree is founded on an Act of our General Assembly, that is extreemly beneficial to the Colony, it is of the utmost Consequence that you use all possible Means to procure an Affirmance of the Decree, & sup- port the Validity of the Act. It is intituled "An Act for the Re- lief of certain Creditors passed Anno i8th of George the second: And that you may be fully acquainted with the Nature of the
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Dispute, it may not be improper to give you a short History of the Act and the Reasons of passing it. About the year I732. the Merchants of Great Britain obtained an Act of Parliament, intit' An Act for the more easy Recovery of Debts in his Majestys Plantations and Colonies in America, which was favourable to them, tho' not to us, as it subjected all our Lands in the Plantations to be taken in Execution and sold as Chattels to satisfy Debts due to Merchants in Great Britain even on simple Contracts, tho' they are not liable for any debt contracted here except by exact accord to the course of ye Common Law. This was thought somewhat hard as the Advantages were not reciprocal, and we had no certain way of recovering our Debts from them, nor could we subject Lands in the plantations belong- ing to merchants residing in Great Britain to the payment of such Debts. To remedy this and to establish one certain regular and uniform method of proceeding in the Recovery of Debts due to the Inhabitants of this Colony from Persons residing out of it, this Act was passed; soon after which, upon a proper Represen- tation of it's Reasonablness and Utility, it obtained the King's Assent, so that now it stands on as good Authority as any Act of the British parliament, and thus confirmed by his Majesty, can't be repealed but by our Assembly with the King's Assent. This is a point that you are to insist upon if it should be disputed. Under this Act we have always attached the Effects of Persons residing out of the Colony, as well as of those of good Credit, as of other dying insolvent, and of Bankrupts. The Assignees in the present Case think that by Virtue of the Statutes concern- ing Bankruptces, they are entitled to all the Effects of a Bank- rupt in Virginia, as well as in Great Britain, in Exclusion of our Rights here, the Unreasonableness and Injustice of which will appear from this Consideration; that the time limited- by the Assignees under a Commission of Bankruptcy for the Creditors to make out their Demands is so short as renders it impossible for us to come in under a Commission & receive any Benefit from it; besides the Effects which the Merchant of Great Britain hath here often gives Credit to his Factor or Agent, who buys large Quantities of robacco, draws his Bills for the payment, and if the Principal happens to break the Bills are protested; And if
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the Assignees prevail in this Case the very Effects here which the planter looked upon as a Security for the payment of the Bills are swept away by them, & he is left to lament the extreem Inequality of the Laws, if they should be so adjudged. You are therefore, Sir, to engage the best Counsel you can to support and defend the Force of this Act, the Expence of which shall be repaid you. You are not to act as a Principal in the Dispute, since the Respondents will send over a Copy of the Decree, and will also employ Counsel to prevent a Reversal. We now inclose you a Copy of the Act, with his late Majesty's Ratification in due Form so that, we repeat it again, no power on Earth can alter the Force of it less than our Assembly with his Majesty's Assent. We have observed in a Letter from Mr. Secretary Pitt to our Lieuten' Governor, which he laid before the General Assembly, he, says that this Colony had been remiss in their Duty to the King, bygrantingsofew MenforthelastCampaign, I76o. This is an Imputation that we expected ouir very liberal Grants for many Years past, even beyond our Abilities, would have secured us from; but we are willing to hope that this Censure of our Conduct arose from Mr. Secretary's forming his Idea of our Number of Men that year from the Returns which General Monckton made to the War Office, in which would appear but little more than 400 Men. But besides these, we had a thousand Men on our Southwestern Frontiers, ready to co-operate with Coll Montgomery against the Cherokees, which were prevenited from acting by the Repulse he met with, and his hasty Retreat in Consequence of it. That you may be able to remove any unfavorable Impressions of us in this Respect, and that you may put in our Claim for a proportion of any Money that was given last, or may be given next Session of Parliament, we now send you authentic Copies of both the Acts,* by which you will see that we have expended * By act passed November, 1759, it was ordered that 400 men of the Virginia regiment should be employed in such manner as the Com- mander-in-chief of his Majesty's forces should direct, and that the re- maining part should be stationed where the Governor of Virginia should appoint (Hening, VII, 331). An act was passed in March, 1760, (Ibid, .317) continuing the Virginia regiment in service, and also providing for retaining in service 3oo men, in addition, who were guarding the fron-
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all that we received of the two first Grants, and we expect there wlll be a large Sum to pay for Deficiences at the End of this Canipain. The last poinit we shall now trouble you upon, is the Com- plaint of the people for Want of a Man of War stationed here to protect our Coasts and Harbours from the Insults of the Enemy's privateers. It is remarkable that the Colony has not for a long Tract of Time been without a Guard Ship or two, "till within these five Years past, we have not had any, except now and then a Ship hath come as Convoy to the Trade, and returned with it, leaving the Coast without any Naval Protection for many Months, and last Summer a small privateer came to the mouth of our most considerable Harbour, cut out a Vessel from the Coast of Guinea of great Value, and carried her off, besides making many other Captures. The natural Way to remedy this, would be by an earnest Application to the Lords of the Admiralty, setting forth the Necessity of some Protection of this Sort, as the Trade is of Consequence and merits some Consideration. You will, there- fore, Sir, use your best Endeavours to prevail with their Lord- ships to order a Ship or Sloop of War, to be always on the Sta- tioin, besides any that may be occasionally appointed as Convoy to the Trade to and from Great Britain. [Endorsement.] PROCEEDINGS OF THE COMMITTEE, I ITH AND 13TH JUNE, 176I, With the 4th L1 inclosed. At a Come held June IIth-, 176I. Present: hon. W. Nelson, T. Nelson, P. Grymes & P. R., Esqrs., Mr. Atto Col. Bland, Mr. Waller, Mr. Wythe & Mr. Nicholas. That Pt of his LT relat'g to an Address of Condol0" complied -with last Sess., The Ass. not sett5 before. tiers. By act of the May session, 1760, (Ibid., 357) 300 men of the Vir- ginia regiment, and an additional force to be enlisted, not exceeding 700, were ordered to the relief of Fort Loudoun, which was threatened by the Cherokees. The acts referred to in the text were, no doubt, two of these.
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The Satisfaction given his Maj'tys Subjects of Virga to hear of his Accessn to the Throne* so much to the Satisfact" of his people. Not to put himself to the Expence of Copies of the Vouchers by w'ch Mr. Dinwiddie passed his Accts. till he hears further from ye Com. That he will endeavour to inforce the Represent" from hence sent him formerly in Regard to the Dispute with the Clergy & the other Matters recommended to him. To be informed it is notorious here that Maryland raised no, Men. That he enforce the Instruct"" given him in the Last Let- ters from hence relative to the Number of Men raised for the last Campain to join Col. Montgomery. And that the Men were under Gen' Amherst's Comm4 & Col. Byrd rec' orders from him. To give him the Opinion of this Com'tee what Articles of Expence in the Execution of his Office will be reimbursed, & what not. That it is the Opinion of the CoMr that a Commissn of IS Y2 Ct will be allow'd him for all Monies he shall receive for the use of this Colony & that he be desired to inform Mr. Abercrombie of this & that it is expected he will re-settle his Accounts agree- able to this Direction, which if he refuses, Mr. Montague must oppose his passg his Acc' in any other Manner at the Treasury. As to Mr. Rowe, it is known whether he is gone home on any particular public Business but that the CoMr look upon his En- quiry into this Matter as an Instance of his Attention to the Interest of this Colony. Not to look upon himself as concern'd in procuring the King's Assent to any private Acts of Assembly, but that it's left to the parties concern'd to emplov whom they please, & that he is at Liberty on Application to solicit any such Acts. Mr. Att?, Mr. Nicholas & Mr. Wythe appointed to prepare the L'. At a Com. held ye 13. The Com. Prest: W. N., T. N., P. G., & R. B., Esq1', Jnv * George III succeeded to the throne on the death of his grandfather in 1760.
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Robinson, Peyton Randolph. G. W., & R. C. N., Gent. Lr read & agreed to & signed by the Members present. LETTER TO THE AGENT. [Endorsement]: 4th L' to the Agent. June 13, 176X. Virginia, June 13th, 176I. Sir,-From your letters of the I5.and igth of Feb. and the 3d and 5th of March, which we have received, we are well pleased to find that your conduct still merits our approbation, and have grounds to hope your attention to your own credit, as well as zeal for the colony's interest, joined with assiduity, patience and perseverance, will render any great share of that influence you disclaim unnecessary to promote the good of your constituents. As Virginia is not inferior to any part of the world in that duty to their present sovereign, which they manifested in every instance to his roial progenitor; so they were not less sensible of that grief which every British heart was afflicted with on the de- mise of his late majesty nor would have been less early in con- gratulating his successor on his accession, but that this ceremony was necessarily delaied 'til the meeting of the general assembly, when an address of the united powers of the legislature was pre- pared which we believe hath been presented. The general testimony that our young monarch is giving daily proofs of his inclinations to add to the glory and felicity of his people will justify our indulging the most delightful prospects of liberty, peace and plenty, and incline us to expect that he will graciously extend his roial and paternal care and protection equally to all his subjects, and redress the grievances of any of them, how remote soever, when properly explained, with his wonted benignity. We need not repeat, and can not add to any thing in our former letters on the subject of the address and representation, and other matters recommended with them to you, not doubting your endeavours to solicit and enforce them effectually, and leav- ing the manner of doing it to your own discretion. If the resolution of the lords of the treasury " to admit no sollicitations from the agents relating to the distribution of the money granted by parliament'" is not unalterable; if they can
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be made acquainted with what we have formerly written on that head; if they knew what is notorious and confessed here, that Maryland did not furnish a single mani for the service in the year 1759, and for seieral years before; and if they were informed that i,ooo of the men levied, subsisted and paid by this colorny last campaign, serving under an officer who received his orders from general Amherst, were intended to have joined his majes- ty's forces under col. Monckton, and would actually have done so, but that they were afterwards, with the general's approbation, directed to assist the forces from South Carolina under col. Montgomery. We say, if these considerations were sufficiently attended to, have we not reason to hope the application of the money would be more justly proportioned to the vigor and strenuous efforts of the " respective provinces ?" When you can procure an audience on the subject of the act of 22 G 2 for settling the titles and bounds of lands, &c., we hope the utility of that salutary law will not be measured by the care and diligence of those who have before sollicited the affairs of this colony. We would not have you put us to an expence for copies of the vouchers of mr. Dinwiddie's account, until we shall have given you further directions, after seeing it. We are obliged to you for the information you have given us concerning the commissions allowed the agents of the other col- onies. We are willing and do agree to allow you what seems to be a reasonable commission, 1 ? per cent. for your trouble in receiving and remitting this colony's proportion of money granted by parliament, and we desire you to inform mr. Aber- crombie of this our resolution, and that we expect he will reduce his charge for that service to the like proportion, or otherwise that we have instructed you to oppose the passing of his account at the treasury. [On the margin is written, "This to be left out. "] We think that gentleman hath not dealt with us as he ought, both in overrating his commission, and in many other articles of disbursements in his account. We should not have objected to reimbursing him his expences in procuring papers, &c., for our use, as we are willing to allow any of yours of that kind. As we do not know that mr. Rowe is charged with any em-
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bassy which can concern this colony, we have nothing more to say in answer to so much of your letter as relates to him than that we regard your precaution as an instance of that vigilance by which we hope all the purposes of any enemies to the tran- quillity and happiness of this country on your side will be de- feated. The sollicitation of the roial assent to any private acts of as- sembly we do not consider as an ex officio business of yours, unless,you have particular directions from us relative to them; but we do not mean to restrain you from doing that office at the request of any parties interested who shall apply to you. Our governor, by a faithful, prudent and steady administra- tion, bath given such universal satisfaction that we think the good of this country concerned in 'preventing any aspersions or ill impressions his conduct may give birth to,' and we be- lieve every well-wisher to it nmost heartily congratulates us on .his being continued in his government. the Treasurer of this Colony to pay you /5?? sterling B Ann. for yor Trouble & Expence in ye Discharge of your Duty in such Office yet, &c. It may not be improper to mention here that tho' the Act for -the appointing an Agent directs (here insert the Words of the Act relative to this point as I have not the Act), yet that it did not mean to subject you to the expences accruing by the procuring of papers & other services of that kind; you will all- waies be reimburs-'d for such, & may charge the country for them in your fuiture Acct. N. B. for fear you should not read my blots I put that part over again to the expences accruing by the procuring of papers & other services of that kind. (TO BE CONTINUED.)
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==See also==
*[[S. Bassett French Biographical Sketch]]
*Other Related Wythepedia Pages

==References==
<references/>

==Further reading==
*E.I. Miller, [https://archive.org/details/jstor-1915067/page/n1/mode/2up "The Virginia Committee of Correspondence,"] ''William & Mary College Quarterly'' 22, no. 1 (July 1913), 1-19.

==External links==
*Read this book in [https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fbooks.google.com%2F&data=05%7C02%7Csnblai%40wm.edu%7C8aa76e76940641dac63008de7309c687%7Cb93cbc3e661d40588693a897b924b8d7%7C0%7C0%7C639074682998650757%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=BA8w%2FCHBiUFVXYaqMYq5S1VlmP6MrL3gF5RwnMwBFQI%3D&reserved=0 Google Books.]

[[Category: Biographies (Articles)]]

Proceedings of the Virginia Committee of Correspondence

2026-02-25T14:22:24Z

Gwsweeney: /* Page 337 */

{{DISPLAYTITLE:"Proceedings of the Virginia Committee of Correspondence, 1759-'67"}}
[[File:VirginiaMagazineOfHistoryAndBiographyApril1903p337.jpg|thumb|right|350px|First page of "[[Media:ProceedingsOfTheVirginiaCommitteeOfCorrespondenceApril1903.pdf|Proceedings of the Virginia Committee of Correspondence, 1759-'67]]," ''Virginia Magazine of History and Biography'' (April 1903), p. 337.]]
Introduction and summary.<ref>Please footnote sources.</ref>

==Article text, April 1902==
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VIRGINIA LEGISLATIVE DOCUMENTS. Many years ago the older papers forming the records of the General Assembly of Virginia were removed from the office of the Keeper of the Rolls, and deposited, or rather, apparently, thrown in a heap, in the garret of the Capitol. They long remained in this p)lace with the dirt accumulating on them, unthought of and unused, except by Mr. W. W. Henry, who obtained from the mass, much material used in his Life of Patrick Henry. About ten years ago the Legislature placed these records in the custody of the Secretary of the Commonwealth for arrangement and possible publication. They were, accordingly, brought down from the garret, properly arranged in chronological order, and put up in packages; but the removal of the State Library to a new building and a demand for the room in which these records were stored for other use, almost undid the good done by the arrangement. It became necessary to remove them to the new building, where they are packed in such a small space that they are practically inaccessible uintil again examined and arranged. This Society has obtained permission to copy and publish them, and the first installment appears below. These papers consist of petitions, remonstrances, letters, executive communications, rough draughts of bills, &c. There are a few documents of an earlier date than 1774; but the mass of them begin in that year. [The first two papers in this collection are deeds, dated in 1728, conveying a lot of land for a free school in the town of Norfolk. These were printed in the Lower Norfolk Antiquary, I, 78-8I.] Proceedings of Virginia Committee of Correspondence,* 1764. VIRGINIA AND THE ENGLISH "DECLARATORY ACT." At a Committee of Correspondence held at the Capitol December I9, 1764. *See Note i, at
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Present: The hon'ble John Blair, Wm. Nelson, Thos. Nelson and Peter Randolph, Esqr., John Robinson, Peyton Randolph, Richard Bland, Geo. Wythe, L. Burwell & Dud. Digges, Esqr. Mr. Montague's Letter of the 2ISt July, was read & a Letter ordered to inform him of the proceedings of the present Session of Assembly on the Subject of the Taxes * proposed to be laid on the Colonies by the British Parliament & that copies of the Address to his Majesty & the Memoriais to the House of Parliament be got ready to go with the Letter. And the Comn. immediately proceeded to prepare such a Letter, which was done at the Board, signed by all the members present and is as follows: Virga, Dec., 20th, 1764. Sir, We have rec'd your Letter of the 2ISt of July last, & have only to observe with Respect to the Act * * of * * for regulating the German Coin, that his Hon. Gov. has wrote to ye Lo'ds of Trade oni that Subject, tranismitted to themii an answer to the objection raised agaitnst it, in which he was assisted by some of our members & to which we beg leave to refer you. We are now to inlform you that the Genieral Assembly of this Colony met on the Day we mientioned in our last, and immediately took into consideration the Taxation proposed by the British Parliament on the American Colonies, when your several Letters on that subject and the Votes of the House of Comnmonis which you sent us were laid before themn. The Result of their Deliberation on this important Subject, is an address to the King, and memorials to the two Houses of Parliament, in which the Council and House of Burgesses have unanimously joined and directed us to transmit them to you; and we must desire of you to try every possible method of having them properly presented and use your utmost Influence in supporting them. We are under some apprehensions that you will meet with Difficulty in getting the memorial to the Connmons laid before them, as we have heard of their refusing to receive Petitions from the Colonies in former similar Instances. If this should be now the case we think you should have them *See Note 2, at end.
This
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printed and dispersed over the Nation, or the substance of them at least published in such manner as you may think least liable to objection, that the People of England may be acquainted with the Privileges & Liberties we claim as British Subjects; as their Brethren and the dreadful apprehensions we are under of being deprived of them in the unconstitutional method proposed. We have had so many Proofs of your attention to our Interest that we do not entertain the least Doubt of your doing every thing in your Power to assist us in this very interesting Occasion in which we are persuaded you will be heartily seconded by the Agents for the other American Colonies. We are Sir, Yr. mo. hble. Servt", J. Blair,* W. Nelson,t T. Nelson,: P. Randolph,? J. Robinson,II Pey. Randolph,? R. Bland,* * G. Wythe,t t L. Burwell, t + D. Diggs, Jun. ? Proceedings of Virginia Committee of Correspondence, 1765. THE RESOLUTIONS OF MAY 30, 1765. At a Committee held at the Capital the I4 Day of Septmr, I 765. Present: The hon. John Blair, Wm. Nelson, Thos. Nelson & Robert Carter,' Esqr, Peyton Randolph, Geo. Wythe, Robt. Carter Nicholas,?? Lewis Burwell, and Dudley Diggs, Esqr, *John Blair, of Williamsburg, born j686, died November 5, 177, was a nephew of Rev. James Blair, D). D., the first President of William and Mary College, and entered early into public life. He was member of the House of Burgesses for Williamsburg 1736, I738, 1740; Auditor- General 1732-177 1; member of the Council 1743-177 1, and as President of that body was acting Governor January-June, 1758, and March-October, 1768. He married Mary, daughter of Rev. John Monro, and was father of Justice John Blair, of the U. S. Supreme Court See Wiliam and Mary Quarterly, VII, 134-153; VIII, i-i7; and " Blair, Banister and Braxton Families." t William Nelson, of Yorktown, born 171 1, died November I9, 1772. He was a member of the House of Burgesses for York county 1742, 1744; of the Council 1744-1772, and as President of the
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Mr. Atto; Mr. Wythe, Mr. Nicholas, appd to prepare a Letter to acting Governior from October 15, 1770, to August, 1771. He married Elizabeth, daughter of Nathaniel Burwell, of "Carter's Creek," Gloucester county, and was the father of Thomas Nelson, signer of the Declaration of Independence See R. C M. Page's Page, Nelson, &c., Families, 2d edition. I6o- i66; William and Mary Quarterly, VII, 25-30; Meade's Old Churches and Families of Virginia, 1, 205- 210. 4 Thomas Nelson, of Yorktown, Va. (a brother of William Nelson), was born in 1716 and died in 1782. He was a member of the House of Burgesses for York county 1745-1749, inclusive; of the Council 1749-76, and Secretary of State 1743-76. It appears from the Virginia Gazette (Dixon and Hunter's), of May 6, 1775 that he was then President of the Council. His house at Yorktown was for a time Cornwallis' headquarters; btut was destroyed by the bomnbardment. " Secretary Nelson," as he was usually called, was at Yorktown when the siege commenced; but on October 8th, came out to the Americani lines under a flag of truce. A contemporary writer says that he spoke cheerftully to the officers who gathered arotitnd him, and encouraged them by his description of the great damage the shells were doing in the town. He married Lucy Armistead. . Peter Randolph, of " Chatsworth," Henrico county, born 1713, died July 8, 1767; was appointed to the Council in 1751. and was Surveyor General of the Customs for the Middle District of North America. He was probably not in favor of any radical measures iii opposition to England, as Jefferson says that the morning after Henry's resolutions-the first five-were adopted in 1765, he saw Colonel Peter Randolph sitting at the clerk's table examining the journals to find a precedent for expunging a vote of the House. His will is published in Water's Gleanings. He married Lucy, daughter of Robert Bolling, of Prince George county, and was the father of Beverley Randolph, Governor of Virginia. IIJohn Robinson, of " Mt. Pleasant," King and Qtueen county, was born in Virginia, and died in May, 1766. He was a member of the House of Burgesses for King and Queen county 1736-1766, and Speaker of the House and Treasurer of Virginia 1738-1766. The Virginia Gazette for May i6, 1766, contains the following: "On Sunday last died John Robinson, Esq., a member of the General Assembly for the county of King and Queen. He had been almost thirty years Speaker of the Burgesses, every one allowing to his indisputable merit, not the second, but the first place in that House; which post he filled with sufficient ability, and equal dignity: So that the public is deprived of a most uiseful servant. And the matny amiable virtues which adorned his private
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the agent to acknow: Rec' of his sev" Letters of i9th Novr, I764, station, whilst they consecrate his memory among his friends, dependants, and acquaintance, mark his death as a calamity to be lamented by the unfortunate anid indigent who were wont to be relieved and cherished by his humanity and liberality." His natural abilities, and genial temper, united to the two offices he held, made him long onie of the most influential nmen in Virginia. This easy and generous disposition caused him to be a careless guardian of the public funds, and at his death he was found to be a defaulter for about ,?roo,oou. Much of this was on account of moniey he had loaned to friends. Ultimately the whole was repaid from his great estate. He married (1), Story; (II), Lucy, daughter of Augustine Moore, of "Chelsea;" (II), Susanna, daughter of Colonel John Chiswell. His onily descendants are through his daughter Susanna, who married Robert Nelson, of "MNlalvern Hill," Henrico county. ? Peyton Randolph, of Williamsburg, born 172I, died September 22, 1775, was member of the House of Burgesses for William and Mary College of Williamsburg from 1748 to 1775, continuously; Attorney- General 1748-1766, and Speaker of the House of Burgesses 1767-1775. He was President of the Convention of March, 1774 and 1775, and that of July in the latter year, but resigned the position in August on account of bad health. Was President of the Continental Congress in 1774 and 1775. He married Elizabeth, sister of Benjamin Harrison, the signler of the Declaration of Inidependence, but had no issue. ** Richard Bland, of "Jordan's," Prince George county, born May 6, 17IO, died October 26, 1776. He was a member of the House of Burgesses 1742-1775, continuously; of the Conventions of March, July and December, 1775, and May, 1776; elected member of the Colonial Committee of Correspondence in 1773; of the Committee of Safety 1775, anld of Congress 1774, and re-elected in 1775. Throughout the events producing the Revolution he was one of the leaders of the colony. He was author of " A Letter to the Clergy on the Two-penny Act" (176o), and " Ani Inquiry into the Rights of the British Coloniies " (1766). He married Ann, daughter of Peter Poythress. t t George Wythe, born 1726, in Elizabeth City county, died June 8, i8o6, in Richmond; was a member of the House of Burgesses for Williamsburg 1754-1755, for William and Mary College 1758-1761, and for Elizabeth City couinty 176 1-1768. He appears at the date last mentioned to have retired for some years from public life, and held no other office until elected to Congress. He was a member of that body in 1775 and 1776, and signed the Declaration of Independence. He was chancellor of the State of Virginia and first professor of law in William and Mary College.
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Feb. 7th and i6th, April 4th, and May Ist, 1765. To apprize See biographical sketch prefixed to B. B. Minor's edition of Wythe's Reports, and William and Mary Quarterly, II, 67-69. I t Lewis Burwell, of " Kingsmill, " James City couinty, member of the House of Burgesses for that county from 1758 to 1775, continuously. He married Frances, daughter of Edwin Thacker, of Middlesex county, and is said to have died in 1784. D Dudley Digges, of York county and Williamsburg, was born 1729, and died June 3, 1790. He was a member of the House of Burgesses for York county 1732-1774; of the Convention of 1775-1776; of the Committee of Correspondence and Safety and of the State Council I 776-1780, &c. He married, first, Martha Armistead; second, Elizabeth, daughter of Ralph Wormeley, of " Rosegill," Middlesex county. 0 Robert Carter, of "Nominy Hall," Westmoreland county, born 1728, died Mlarch 4, 18o4, in Baltimore, Md. He was appointed to the Council in 1758. It is believed that shortly before the Revolution he retired from public life and devoted his time to the management of his estate, and to books anid music. After the war he freed most of his slaves, several hundred in number, and removed to Baltimore. He married Frances, daughter of Hon. Benjamin Tasker of Maryland. In regard to him, see the " Diary of Philip Fithian " (Princeton Uniiersity Press), who was a tutor at Nominy Hall just before the Revolution. 0 0 Robert Carter Nicholas, born 1715, died 1780; was a member of the House of Burgesses 1764-1776, Treasurer 1766-1776, member of the Revolutionary Convention, of the House of Delegates 1777-1779; Appointed Judge of the Court of Chancery, and Judge of the Court of Appeals of Virginia. He married Anne, daughter of Col. Wilson Cary, of " Ceeley's " and " Richneck," and was the fatherof W'ilson Cary Nicholas, Governor of Virginia, anid U. S. Senator, and of George Nicholas, so distinguished in Kentucky. It has been deemed proper to give sketches of the ptublic services of the men who formed the Committee of Correspondence of 1764-'65, because their selection as members of that body by the Council and House of Burgesses, shows that they were considered as among the leading men of the two branches of the Assembly. They were, indeed, types of the men who were at the head of aflairs in Virginia just prior to the Revolutionary movement. They were men devoted alike to England and to the rights of the Colonies, and all of them of good character, liberal education, for the time, and of large estates. Blair was educated in Scotland ; the two Nelsons, it is believed, at WVilliam and Mary, as was Peter Randolph. Robinson was probably educated in England, and Peyton Randolpli studied at William and Mary and the Tem-
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him of a spurious Copy of the Resolves* of the last Sess. of Ass. on hearing of the Stamp act being dispersed abt & printed in the News Papers, & to send him a true copy of the Votes on that occasion properly authenticated, to prevent any ill Impress8 from the Spurious copies. To advise him of the Act for continuing him in office, & to thank him for his care & attento to the Intr of America notwithstanding the fatal stamp. Sept. I9. Letter read and signed by: J. Blair, W. Nelson, T. Nelson, Peyton Randolph, Peter Randolph, G. Wythe, R. C. Nicholas, L. Burwell, D. Diggs, Jun. Resolved, That the first adventurers and Settlers of this his Mlajesty's Colony and Dominion of Virginia, brought with them and transmitted to their posterity and other his Majesty's Subjects since inhabiting in this his Majesty's said Coloniy, all the Liberties, Privileges, Franchises and Immunities that have at any Time been held, enjoyed and possessed by the People of Great Britain.. Resolved, That by two Royal Charters granted by King James the first, the Colonists aforesaid are declared entitled to all Liberties, Privileges and Immunities of Denizens, and Natural Subjects to all Intents ple; Richard Bland, at William and Mary and Edinburgh; Wythe and Nicholas, at William and Mary, as, it is thought, were Burwell and Digges; while Carter was educated in England. William Nelson and Nicholas were noted for their devotion to the church. In character, education and manner of life, these typical Virginians of the first rank during this period, were as different as it was possible for men to be from the ignorant and debauched creatures which it has pleased various so-called historianns and biographers to picture as representatives of Virginia colonial character. After 1765 new men came forward, and most of the members of the Committee of Correspondence, who remained, became more radical in their views, and were foremost in the Revolutionary movement as they had been in the peaceful period preceding it. Peyton Randolph, Blatid, Wythe and Nicholas, will always hold a high place in our history, and Digges and Burwell, though in minor places, played their parts well. * See Note 3, at end.
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and Purposes as if they had been abiding anid born within the Realm of England. Resolved, That the Taxation of the People by themselves or by Persons chosen by themselves to represent them, who can only know what Taxes the people are able to bear, or the easiest Method of raising them, anld must themselves be affected by every Tax laid on the People, is the only Security against a burthensome Taxation, and the distinguishing characteristics of British Freedom, without which the ancient Constitution cannot exist. Resolved, That his Majesty's liege People of this his most antient and loyal Colony, have without Interruption enjoyed the inestimable Right of being governed by such Laws respecting their internal polity and Taxation, as are derived from their own Consent, with the approbation of their Sovereign or his Substitute, and that the same hath never been forfeited or yielded up, but hath been constanitly recogniized by the kings and people of Great Britain.
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==Article text, April 1903==

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'''PROCEEDINGS OF THE VIRGINIA COMMITTEE<br/>OF CORRESPONDENCE, 1759-'67'''
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From the originals in the Virginia State Archives
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[At the February session, 1759, of the General Assembly of Virginia, Edward Montague, Esq., of the Middle Temple, was appointed the agent for the colony in England, and a committee, termed the Committee of Correspondence, composed of members of the Council and House of Burgesses, was appointed to transact all business with him. The agent was to support before the English government any laws passed in Virginia in regard to which there might be any question of approval, and was generally to represent the interests of the colony in England. Therefore, the correspondence between the committee and the agent must be of value as throwing light on the history of the period. Two letters from the committee, found amnong the Legislative papers, have been published in Vol. IX of this Magazine, pp. 353-360. See same Vol., pp. 355-359 and 364, for a note on the Committee of Correspondence and biographical sketches of its menmbers. Francis Fauquier became governor of Virginia on June 7, 1758, and held the office until his death, on March 3d, 1768.
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Sessions of Assembly were held in September and November, 1758; February and November, 1759; March, May and October, 1760, and March, 176I.] PROCEEDINGS OF THE COM. OF CORRESPONDENCE, MAY 2D, 1759. At a Meeting of the Committee for corresponding with the Agent appointed to sollicit the Affairs of this Colony in Great Britain, held at the Capitol in Williamsburg, May 2d, 1759. Present: The hon'ble William Nelson, Esq', Chairman, the hon'ble Thomas Nelson, Philip Grymes & Peter Randolph, Esq", John Robinson, Peyton Randolph, Robt. Carter Nicholas, and George Wythe, Esq". Resolved, That George Davenport be appointed Clerk of this Committee. Resolved, That a Letter be wrote to Edward Montague, Esq'. the Agent for this Colony, with a Copy of the Act of Assembly appointing him agent: And that a Copy of the Representation formerly sent by the Assembly to Mr. Secretary Pitt, be transmitted to him therewith. Resolved, That Application be made to the Governor for Copies of the several Letters wrote by Mr. Secretary Pitt, in Relation to the Application to be made to Parliament in behalf of this Colony, and that they be sent Home to the Agent to enable him to sollicit for the proportion of Money granted, and to be granted by Parliament, for reimbursing this Colony the Money they have expended. Resolved, That the Agent be instructed to use his Endeavours to get the King's Assent to an Act of Assembly past in the 22d Year of his Majesty's Reign intituled "An Act for settling the Titles and Bounds of Lands, and for preventing unlawful hunting and Ranging." And that the Clerk apply to Mr. Palmer for a Copy of the Reasons that were drawn up in order to be sent home, in Support of the said Act of Assembly. Resolved, That the Agent be instructed not to shew the Act of Assembly for appointing him Agent, before all the Acts passed the last Session of Assembly are transmitted by the Governor to the Board of Trade.
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And as there is some Reason for apprehending Attempts may made for repealing the said Act, that the Agent be directed to use his utmost Endeavours to prevent the same, and be made acquainted with the Reasons of an Agent being appointed by this Colony. Resolved, That the Agent be instructed to use his utmost Endeavours to prevent any additional Duty on Tobacco, and that he be furnished with Reasons for opposing the same. Resolved, That the Agent be instructed to get a Copy of the Account of Mr. Dinwiddie's Disposition of the ?20,000 granted by his Majesty, for the Use of this Colony, which he says he has passed with the Treasury, and that he procure, and send over, Copies of the Vouchers by which the same was passed. Resolved, That the hon'ble William Nelson and Thomas Nelson, Esq-, & John Robinson and Peyton Randolph, Esq", do prepare a Letter to be transmitted to the said Agent, in pursuance of the aforegoing Resolutions. A Copy. GEo. DAVENPORT, Clk. Com. PROCEEDINGS OF THE COM. OF CORRESPONDENCE NOV'R 7,. I759. At a Meeting of the Com. of Correspondence held at the Capital Nov" 7th. 1759. Present: The hon'ble William Nelson, Philip Grymes & Peter Randolph, Esqr6, John Robinson, Peyton Randolph, Charles Carter, Landon Carter & Richd Bland, Esq". It appearing to this Comittee that a Letter hath not yet been sent home to the Agent for this Colony, pursuant to the Resolutions of the former Committees, it is therefore Resolved, That a Letter be prepared to be sent Home to the said Agent. by Mr. Speaker, Mr. Attorney, Mr. Charles Carter, Mr Landon Carter and Mr. Bland, to he laid before this Comnittee at their next meeting. Resolved, That the Gent. appointed to prepare the said Letter be inistructed to inform the said Agent of the Reasons that prev'ailed with the Legislature of this Colony to pass the Act made in the thirty second Year of the Reign of his present Majesty, intituled An Act to enable the Inhabitants of this Colony to dis
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in Money for the ensuing Year. Resolved, That it be a Direction to the Gent. above appointed to prepare the said Letter to the Agent, to omit taking any Notice in the said Letter of the Directions of the former Committee, whereby the said Agent was required not to shew the Act 6f Assemibly of this Colony appointing him to his Office, before all the Acts passed at the last Session of Assembly should be transmitted by the Governor to the Board of Trade; And that they be discharged from furnishing the Agent with Instructions to prevent an additional Duty on Tobacco, as was directed by this Comittee at their fornmer Meeting, it appearing to this Comittee that such a Duty hath already taken place. Ordered, That the Committee be adjourned to Wednesday next at IO o'Clock. A Copy. G. DAVENPORT, Clk. Com. AT A COMMITTEE OF CORRESPONDENCE HELD AT THE CAPITOL NOV'R 14TH, 1759. Present: The hon'ble William Nelson, Thomas Nelson, Philip Grymes & Peter Randolph, Esq'8, John Robinson, Charles Carter, Richard Bland, Landon Carter, George Wythe & R. C. Nicholas, Es;qT'. Mr. Nelson infornmed the Committee that the Revd Mr. John Camm * Minister of the Parish of York hampton hath latelv commenced a Suit at Law against the Collectors of that Parish to recover his Salary in Tobacco, in Opposition to the Act of Ass: made in the xxxiii Year of his Majesty's Reign intituile(i An Act to enable the Inhabitants of this Colony to discharge their public Dues, Officer's Fees & other Tobo Debts in Money for the ensuing Year. He therefore desired the Opinion of the Coni. whether this Matter is not of so public a Nature (whereini the Power of the Legislature of this Colony in making temporary Laws for the public Weal will be called in Question) as to nmerit their particular Attention, and if need be, their Aid & Assistance in contribuLting to the Expences that may accrue in *See note at enid of article.
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defending the said Suit either here [or] in Great Britain, as such Expenses may be to heavy to be borne by that Parish. After Consideration whereof, it. is the Opinion of this Committee, and accordingly Resolved, That this Matter be proposed to the Consideration of the House of Burtgesses, and their Opinion desired there- UPOII. The Commnittee appointed to prepare the Letter to the Agent in pursuance of the Resolutions of the Com. at their last Meeting not having compleated the samie Ordd, That the Com. be adjd to Saturday morning next. SATURDAY NOV'R 17, 1759. Present: The hon'ble W. Nelsoni Thomr Nelson & Ph. Grymnes, Esq"r, Jno. Robinson, Ch' Carter, Rd Bland & R. C. Nicholas, Esq . The Letter to the Agent not being yet finished pursuant to the former Resolute Ordd, That. ye Com. be adjd to Monday morning next. AT A COM. HELD AT THE CAPITOL ON MONDAY I9 NOV'R, 1759. Present: The hon'ble W. Nelson, T. Nelson, P. Grymes & Peter Randolph, Esqr, John Robinson, Rich' Bland, G. Wythe & R. C. Nicholas, Esq"'. The Comn. appointed this day preseinted a Letter they had prepared with Instructions to the Agent agreeable to their foriner ResoluLtions, to which sev' Amendments being proposed & agreed to, Mr. Speaker was desired to reduce the same into form. Ordd, That ye Corn. be adjd till Tomorrow. NoV'R 20TH. Present: As before. Mr. Speaker informing the Com. that he had not suff' time since yesterday to draw up the amendnments proposed to the Letter to the Agent, Ordd, That ye Com. be adjd.till Tomorrow.
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LETTER TQ THE AGENT, DEC., 1759. Williamsburg, Dec" I 2th, 1759. Sir,-The General Assembly of Virginia has by an Act passed the 14th of April, 1759, intituled "An Act for appointing an Agent " a Copy of which is herewith inclosed, been pleased to appoint you the Agent of this Colony, & directed their Treasurer to pay you yearly the Sum of ?50o sterling, in full for your Expenses & Trouble in the Execution of your Duty. The Appointment of such an Officer to represent the Grievances of the People, to justify their Conduct to their Sovereign. to obtain his Approbation & Assent to such Laws as their Rep. resentatives shall think necessary for their Welfare and good Government, to implore his Assistance in the time of Danger and Calanmity, and to protect and explain their Rights & Interest ill Parliament, seem to be the natural Privilege of all Colonies, so far remov'd from their King and Mother Country. Yet the People of this Colony have had the Misfortune allways to be disappointed in . their Endeavours to attain this Right, tho universally claim'd, and enjoy'd by all his Majesty's other Colonies anid have been obliged to depend for these great and important Services on an Agent appointed by the Governor and Council, who for want of the Weight which a national Establishment would have given hinm, the Authority which must necessarily be derived from every Power of the Legislature, the Instructions when and for what Reasons he should interpose, must have beeni very deficient in his Duty, when considered as regarding the whole. Besides sonletimes diflerent Initerests arise ailmongst the different Branches of the Legislature, different Instructions then become necessary; an Agent so appointed is obliged to obey those by whom he is appointed, and by the plainest Consequence in Affairs of the greatest Moment, the Body of the people nmay be left without the Shadow of a Representative. It is to our not having a Representative properly appointed and instructed, that we in a great Measure attribute the passing an Act of Parliament for laying a Duty on our Tobacco, the Staple of this Colony (in the present State of the Tobacco Tr-de, a great Grievance to the people), and the Repeal of several
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Laws, thought to be very saltitary. But these are Misfortunes which can now perhaps be only lamented and not redressed. We being by the same Act apppointed a Committee to correspond with the Agent, must now desire you to take this Office upon you, and that you will take Care allways to he ready to prevent the Repeal of Laws passed by the Legislature, the Reasonis for which, will be from time to time transmitted to you by us; to support any Representations which it may be necessary to make, and for that Purpose will not fail to attend them thro' the several Boards to which they may be referred; To give early Intelligence of anything that may be moved in Parliament, or the Department for American Affairs to this Committee; And in all things relative to this Colony, to use your best Endeavours, according to your Discretion, to protect her Rights and secure her Interest. We must desire you immediately to join in any Solicitations which may be made, for a Grant of a Sum of Money, to reimburse the Colonies, in some measure, for the great Expence they have been at during this War, agreeable to the Promise made by Mr. Secretary Pitt, in his Letters of the gth & 29th of Decenmber, 1758, to the Governor, and by him laid before the Assemiibly, Copies whereof are inclosed. And if any such Grant shall be made, to endeavour to get as large a proportion of the same as the persons appointed to distribute it shall think we deserve; And that you may be able to shew what our Expence has been, we have minuted down the several Sums that have been raised in this Colony, and the Purposes for whlich they were raised in a particular Account * thereof herewith sent, and to which we refer you. Also that youi use your best Endeavours to get the Kinig's Assent to an Act of Assembly passed in the 22d Year of his present Majesty's Reign, intitd "An Act for settling the Titles and Bounds of Lands and for preventing unlawful Hunting and Ranging," which having a suspending Clause, cannot take Effect till this is done. This Act was passed upon the Revisal of all the other Laws of this Colony, and the chief Intention of it was to reduce the sev- * Not found.
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eral Acts relating to the Conveyance, taking up, settling, savinig & cultivating of Lands, into one Act; and also an Act prescribing the method of docking the Intails of Land of no greater Value than /200 sterling, by a Writ, called a Writ of Ad quod Damniuni. To most of the other Acts passed at the same timiie his Majesty was pleased to give his Assent. But this Act was laid by, as we imagine, to be considered, whether his Majesty's Right of granting Land was affected thereby. And as it will appear by the several Amiiendments hereafter mentioned, that nothing of that Sort was intended, or affected by them, we conclude that it is enitirely owing to a want of a proper Application, that his Majesty's Assenit has not, lonig since, been obtained thereto. The several Acts it takes in are as follow: An Act for settling the Titles and Bounds of Land, and for preventing unlawful Shooting & Ranginig thereon. 9 Anne, Cap. 13. An Act to prevent Lanid lapsing from an Infant for not seatinig and planting, or not paying Quit Rents, until three Years after they come of Age. r I Anne, Cap. 4. An Act declarinig what shall be accounited a sufficient Seating, cultivatinig & improving of Lands, already granted, or hereafter to be taken up and patented. 12 Anne, Cap. 13. An Act explaining & further declaring what shall be accounted a sufficient Seating & Improvemenit of to save Lands from lapsing, and for the better Recovery of Lanids lapsed from Persons living out of the Country. 7 Geo. i, Cap. 3. An Act for amending the Act intituled An Act for settling the Titles and Bounds of Lands, and for preventing unlawful Shooting and Ranging thereupon. 8 Geo. 2, Cap. 6. An Act for the better Preservation of the Breed of Deer, & preventing unlawful Hunting. 12 Geo. 2, Cap. 14. An Act for amending the Act intituled An Act for settling the Titles and Bounds of Lands and for preventing unlawfuil Shooting and Ranging thereupon. i8 Geo. 2, Cap. I4. By perusing these Acts, you will find that no Alterations are made by this Act, except in a few Instances. In the Act of the 8 Geo. 2, Cap. 6, which is the Act that
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directs the Method of docking Intails of Land of no greater Value than ?J200 Sterling, these are the Alterations made. i. It directs that the Surveyor of the County where the Land lies, shall survey the Land, in Order to satisfy the Jury, who are sworn pursuant to the Directions of the Writ of Ad quod Damnum, what Land precisely thev are to value. 2. It directs that the Heir shall be summoned, to give him an Oportunity of detecting any Fraud that may be committed on the Execution of this Writ. 3. It confirms the Title of those who had proved their Deeds in the County Court. By the Act of the 8th Geo. 2, Cap 6, the Deeds of Conveyance for the intailed Lands docked under said Act were ordered to be recorded in the General Court. But the Lawyers here were of Opinion, as other Acts gave the County Courts full Jurisdiction to receive the Proof or Acknowledgement of Deeds of Land within their County, that the Purchasers of these intailed Lands might safely prove theit Deeds in those Courts. The Assembly finding that this might occasion many Law-suits, and might possibly defeat the Titles of many fair Purchasers, thought it was agreeable to Justice and Equity to confirm such Titles. This Act of the 8th Geo. 2, was the only Act that had received his Majesty's Assent, anid was the Reason for adding the suspending Clause. The only Alterations made in. any of the other Acts, are in the Act of the 7th Geo. Ist, Chap. 3, by reducing the sum for saving Fifty Acres from Ten pounds to Five, and by limitting the time for bringing Petitions to ten Years, which was not mentioned in either of the above Acts. By our Instruction sent to the Governor of this Colony, the Assembly finds that the Merchants of Great Britain are still dissatisfied with the making Treasury Notes (issued pursuant to the several Acts of Assembly for the Defence of the Colony), a proper Tender for Sterling Debts. Before the Year I748, there was no Law subsisting to direct at what rate of Exchange sterling Debts should be paid. The Consequence of this was that the Sherifs when they levied Money by Execution on Sterling Judgments demanded of the Debtors
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what Exchange they thought proper, to the great Oppression of the people, and without any Advantage to the Person who had ob)tained the Judgm'. The Assembly thought it very proper to put a Stop to such unjust Proceedings, and passed an Act in the Year 1748, 22d Geo. 2, Cap. 12, intituled "An Act declaring the Law concerning Executions and for Relief of insolvent Debtors," by which they directed that all Executions for Sterling Money should be levied at twenty five per Cent., the real Difference of Money, and no more than the Difference of Exchange at the time the Act passed. The Merchants of Great Britain complaining of this Act, and representing that they should be considerable Losers when Exchange should rise above twenty five per Cent., the Assembly took the same into their Consideration, and endeavoured to provide a Remedy which might prevenit any further Murmurs. They considered that as Exchange is a fluctuating thing they could not do Justice to sterling Creditors by fixing the Exchange at any certain Standard. They therefore passed an Act to impower the Courts where JuLdgmnents should be obtained for sterling Money, to settle at the Foot of the Judgment, at wvhat Rate of Exchange the same should be discharged; This will enable the English Merchants to bring their Money Home, without any Loss, let the Exchange rise to what it will, unless the Courts should be guilty of flagrant Injustice by settling the Exchange lower than Bills of Exchange can be purchased for, as it is notoiious they lhave always fixed it at the very highest Rate. One Reason for issuing Treasury Notes was, hecause all the Gold and Silver of the Country had been drawn away by the Armies to the Northward, and it would have been the greatest Grievance that ever People underwent, to make themn receive this Sort of Money for Debts due to them, and not allow them to discharge the Debts due from them in the same, when it was impossible to exchange it for any other; And this as appears from what has been said above is as good as any other to the Merchants in Great Britain. They were under a Necessity of making these Notes or Bills of Exchange a proper Tender for Sterling Debts, and there can be no Doubt that the English Merchants would chuse the former.
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You will, we hope, endeavour to prevent any ill Consequences from these Complaints, and that you may be prepared for that Purpose, we must refer you to the Representation of the Burgesses of Virginia to his Majesty, a Copy whereof is inclosed, anid also to a Paper containing fiurther Reasons on this Subject. You are desired to get a Copy of the Account of Mr. Dinwiddie's Disposition of the /20.000 granted by his Majesty for the use of thic Colony, passed with the Treasury, and to send the same to this Committee with Copies of the Vouchers by which the same was passed. We must refer you to the Representation above-mentioned on this Poinit, by which you will easily discover our Reasons for this Request. Be pleased to take Notice, that this Representation is not to be presented to his Majesty, as it has already been delivered to Mr. Secretary Pitt, and is only intended to instruct yotu in the several Matters now reconmnmended to you. *As we have not seen a certain Remonstrance drawn up by soine Clergymen of this Colony, supported as it is said by the ILord Bishop of London, & presented to the Board of Trade, against an Act of Assembly passed here, intituled " An Act to enable the Inhabitants of this Colony to discharge their public Dues, Officers Fees, and other Tobacco Debts in Money for the ensuing Year," and are unacquainted with any Reports or Determininations that have been made on that, or any other Act of' Assem)bly complained of in that Remonstrance, we cannot give you our Opinion and Instructions so fully on this Head, as we should otherwise chuse. But we persuade ourselves that by stating to you the Reasons that governed in the passing of that Act, you will be sufficiently enabled to remoive the Imputations of Arbytraryness and Disloyalty, which from comon Rumour we collect, have been aimed at in that Remonstrance, to the great Abuse of the Legislature, and Injury of the Country, if it has been in any manner countenanced, as it will be establishing a Precedent for Mal-Contents of every Kind (with which no doubt all Communities abound) to endeavour to weaken one of the principal Instruments of the Civil Power, by private Misrepreseitations of things. * See note at end of artic
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By the Constitutioii which we have hitherto enjoyed, every Act that receives the Consent of the Governor, Council and Burgesses of the (Colony obtains the Force of a Law aimiongst us, until his Majesty shall thinik proper by Proclamation to declare his Disapprobation. And if there are any Acts enideavoured at that iinterfere wich any general or particular Instructioi to the Governior, sLICh (if by a Change of Circumiistanices whiclh are ever fluctuatinig) they are thought benieficial to the Comnmunity, are always eniacted without any Force or Effect as a Law, until his Majesty's Pleasure shall be known, bv a suspendiing Clause in the Act. Further, if his Majesty shall at any timiie think proper to give his Assent to any subsisting Act of Assembly, stuch Act theni obtainis such a Degree of Firminess in the Constitution, as it caninot be altered by anly subsequent Act witlhout tthe concurring Conisent of all the several Branches that conIstituted it. And these Rules of Proceeding have been sacredly observed by the Legislature of this Colony, thro' a dutiful Regard as well to the Royal Autlhority, as to the Preservation of the Constitution. Tobacco is the Staple, and indeed only Coimmodity in the Coutitry, fromii whenlce any tollerable Profit canl arise. To this 'tis to be presumed it is owing, that nmost of our Taxes and Salaries, &c., of a public Nature were made leviable in Tobacco 'till the present War, in which as the immediate Wantof Money made the Emiiission of a paper Currency unavoidable, the Taxes were necessarily laid in Money. that so nmuch of such emitted Paper should aninually be sunk, by repayinlg it into the Treasury fromli whence it was made issuable. The several fees therefore due to the Clerks of the Courts of Justice, and other Officers in this Colony have been fronm long Conitinuance paid in Tobacco. It nmust be observed, that when the Salaries of the Clergy wer-e first settled at I6,ooo lbs. of Tobacco that Commodity was rated at ios. sterling '# hundred, which made their Provision Eighty Pounds sterling per Annunm. In the Year 1748, when the Laws of the Country were revised, the Act which established the Salaries of the Clergy was re-enacted with such Amiendments in their favour, that remioved all Doubts as to their temporal Rights for Want of Iniductioni and indeed greatly added to the Value
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of their Salaries. For as Tobacco was at that time under a public Inspection, and the price of it raised at Market as the necessary Consequence of burning that which was bad, the Assembly gave the Clergy in that Act a further Levy on their Parishioners of four Pounds in the hundred, to answer the Deductions then thought necessary to be made, between the paying into the Warehouses, and receiving the same out again, which you will find called in the Act Shrinkage, an Article paid by all other Claimers whatsoever from the public, which Act amonigst many others received the Royal Assent, without any particular Application from this Colony. This Act, tho' made so much in Favour of the Clergy it seenms has been by them construed into a disloyal Attack on his Majesty's Prerogative, and the Bishop of London, we are informed, has in a Letter to the Lords of Trade, been pleased to represent it as taking a large Stride that Way, because as he says, the Right of Presentation is by the Act taken from his Majesty, and declared to be in the Vestries, tho' it is certain the Vestries always before the passing of that Act enjoyed that Right, and the Design of the Act plainly appears to be, only to extend the time of Presentation from Six Months, as it is in England, to twelve, and the lengthening the time must appear to be extreemly reasonable, when it is considered that from the Scarcity of Clergymen in this Colony, the Parishes generally remain vacant 'til a Minister can be procured fronm England. The Crop of Tobacco in 1758 was so universally short that Petitions from all Parts of the Country were presented to the Assembly, to desire Relief against the possible Exactions of Creditors both public and private. As this was an Evil justly to be dreaded, the Legislature with every prudent Precaution, made all Debts, Fees, Salaries, &C., payable in Tobacco, at the Option of the Debtor, after the Rate of two pence per pound for transfer Tobacco, provided the same were paid within a certain limitted Time, governed by the most early Expectations of the new Crop. And as the time setiled by Law for the payment of the Clergymen's Salaries was so near at Hand, presuning it consistent with the Principles of commion Justice, that every Individual of the Comnmuniity considered as a Creditor, whose Debts must really have arisen from
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the Expectations of common Crops, ought to Restriction, they made no Exceptioni as to the Act in 1748. This, we are informed, has been represented by the Clergy to the Lords of Trade, as a Deviation from the before mentioned Rule of the Constitution and derogatory to the Royal Authority, tho' we can conceive, that on a fair and thorough Examination of the matter, the contrary will appear, and in the unhappy Circumstances the Country was in at that time, be looked upon rather as an Aid to, than a Deviation from that Act. And we have the greatest Reason to be confirined in that Opinion, as several Acts have heretofore been passed for the same purpose, which have from time to time been regularly transinitted to the Lords of Trade, and by them referred to their Solicitor, which certainly would [not?] have been done, had they appeared to their Lordships in the Light they are now represented. The first of these Acts was passed in the 27th Year of his Majesty's Reign, Chap. 8. intituled "An Act for paying the Minister in the Parish of Frederick in the County of Frederick, and of Augusta in the County of Augusta, and of Hampshire in the County of Hamlipsh' One hundred Pounds annually, instead of the Salaries now allowed" Another passed in the sanme Year Chap. Xo. intit" "An Act for allowing the Inhabitants of the Counties of Halifax, Hampshire and Bedford to discharge their public Dues and Officer's Fees in Money instead of Tobacco." And another passed in the 28th Year of his Majesty's Reign, Chap. I7 (I755) intituled "An Act for enabling the Inhabitants of the Counties of Princess Anne and Norfolk to pay their public Dues in noney." These Acts. tho' apparently passed in Favour of the Ministers of the several Parishes, and at the Prayer of some of thenm, have been lately represented by some of the Clergy to their Lordships. in the same unfavourable Light as the Act in 1748, and the Repeal of themii been obtained by their Solicitations, tho' the Ministers for whose Beniefit they were nmade, will be great Sufferers by such Repeal. Another Act also passed in the 29th year of his Majesty's Reign (I755 Chap. 7) intituled "An Act to enable the Inhabitants of this Colony to discharge their Tobacco Debts in Money
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for this present Year," by which the same Provision was made for paying the public Tobacco Creditors in Money, as in the aforementioned Act in I758 now complained of. The Clergy it seems alledge that the Act in 1758 was made only to serve the Rich, and have couloured over their uncharitable Clamour by saying that the Poor would have been more effectually relieved without the Law, because, that as Clergymen, had they been permitted to receive from the Rich the real Value of their Tobacco, they would have been able to have taken much less than two pence per pounnd from the poor; But as essential as Truth may be to their Order, they have in such an Assertion suffered themselves to forget it. The General Assembly was composed of many public Officers. some Claimers from the public, and many Landlords, whose Fees, Claims and Rents were payable in Tobacco, and many of them of greater Amount than the Salary of a Clergyman. How then can this their Argument be reconciled to Truth? Could not each of these rich Men, as they call them, have demanded of their Debtors in the same exorbitant Proportion, as the Clergy should of them, and had they even consulted their own Interest in the Affair, would not the Ballance,-had there been no regulating Law at all-have been greatly in their favour ? And as all other public Officers, Claimers from the public & Landlords (tho' not of the General Assembly) to say nothing of private Creditors who must generally have contracted their Accounts or Bargains under the Probability of usual Crops) must have had a right to partake in this grand Scheme of Extortion, can it be doubted that the poor alone was the Object of the Legislature's Concern ? But to go a little further with this Argument of theirs: Suppose the Clergy alone on Account of the Royal Assent's being obtained to the Act in 1748, had been exempted, and there was indisputably such a general Piety of Disposition amongst tbem, how could this Charity have been extended ? That Act, at the same time it gives their Salaries, directs the method of levying, collecting, &c., of the same, and to have altered it in one Instance must certainly have been as criminal as in another. In this Case, they could only have contracted with their Collectors at a price for their whole Salaries, and it
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would but in most Cases have removed the Method of Exaction from the Clergy to the Collectors: For it must be observed, that tho' the whole Crop of Tobacco made in the Year 1758, was more than sufficient to pay the Ministers' Salaries and other Parish Creditors, who have the same Right with the Clergy under the Law in I748, yet there were Multitudes who did not make enough to answer that Purpose, and those who did make it, could not be compelled to sell to those who had none, the Consequence of which (if no Provision had been made) must have been, that the Collectors would have made Distress upon the poor unhappy Sufferers, and as their Goods & Effects could not be sold for anything but Tobacco, and as there were so few that had any of that Commodity to purchase with, the Goods and Effects must have been either sold at a very low Rate, or remain in the Hands of the Collectors for want of Purchasers, whereby the Poor would have been great Sufferers, and the Clergy not in the least benefited by it. The whole of this therefore is but a thin Varnish, and leaves too much Room to suspect, from the very nature of murmuring in such Cases, that they themselves rather wanted an Oportunity of feasting as largely as they could on all, both rich and poor. These are the Arguments that may be justly brought to vindicate the Legislature, and confute the Complainants; and as it is impossible but they must have known that things would appear in this Light, when impartially examined into, we cannot but think that the Act complained of, is but the studied Occasion of Contention to effect some other Purpose, still latent. We know not how far the Affair may have been carried, or whether the Matter can again be laid before the Lords of Trade or any other Board for a Rehearing, but we hope at least, you may have an Oportunity of removing any injurious Censure that may have been passed, and put a Stop to all future Representations till the Country can be heard on the several Matters of Complaint; And we doubt not but they will appear to be fully justified in their Proceedings both to their King and Country. As the Country looks upon it as their Duty (since the Act of Assembly complained of by the Clergy hath had its Effect) to support the Execution of it, by protecting the Parishes in the Suits that may be brought against them on the Act in 1748, We
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further direct you to employ proper Persons to defend the Vestries or Collectors against any Proceedings that may be carded to England, in a Suit that is just brouight by one Mr. Camm, the Minister of York-hampton Parish in the County of York, and the Expences attending the same will be remitted to you on the first Notice. We have nothing further to add, but to desire of you if it should not be agreeable to you to engage in this Business as Agent, that you will be so kind as to officiate in Behalf of this Country, 'till we can have Notice of your Refusal to appoint some other Gentleman, and in particular to watch and oppose every Attempt that shall be endeavoured at to repeal this Act for appointing an Agent, as we have Reason to ex.pect some Efforts will be made that Way. You are desired to give the earliest Intelligence of any thing that may come to your Knowledge, relative to, or in any manner affecting the Interest of this Colony, and of all your Proceedings in the Execution of the Trust reposed in you, to this Committee, in order to which it is recommended to you to send your Dispatches by the Packet to New York, from whence they may be safely conveyed hither by the Post, if no better Oportunity should offer; And you are further desired to inclose your Dispatches to the Hon'ble William Nelson, Esq', at York Town in Virginia, by whom they will be communicated to this Committee. Weare Sir, Your nmost humble Servants, Wm. Nelson, Thos. Nelson, Philip Grymes, Richard Bland, Ben. Waller, Ro. C. Nicholas, (TO BE CONTINUED) NOTE. Mr. Camm's suit was caused by the passage of the famous "Two Penny Act," which for a number of years produced so much agitation in Virginia.
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The General Assembly at the September session, 1755, induced by the failure of the tobacco crop, and the needs of the colony, arising from the French and Indian War, passed an act authorizing all debts due in tobacco to be paid either in that commodity, or in money at the rate of eighteen shillings and eight pence per hundred pounds. Though some complainits were made there was no legal opposition to this law. Again, in September, I758, for the same reasons, the law was re-enacted, with a provision that it was to be in force for one year. The act provided that it should be " lawful for any person or persons, from whom any tobacco is due by judgement, for rent, by bond, or upon any contract, or for public, county or parish levies, or for any secretarys', clerks', sheriffs', surveyors' or other officers' fees, or by any other ways or means whatsoever, to pay and satisfy the same in tobacco * * * or in money, at the rate of sixteen shillings and eight pence for every hundred pounds of nett tobacco." (Heninig 7, 240.) As the rate fixedl was two pence per pound, the law became known as " The Two Penny Act." The law was general in its provisions; but resistance and objection came only from the parish ministers. Since as early as I696 the salaries of the clergy had been sixteen thousand pounds of tobacco a year, and this amount had been confirmed in 1748 by an act, which had received the King's assent. Two pence per pound was the normal price of tobacco, but in 1755 and 1758 the crops were very sinall and the price went tul) to six pence. The clergy then demanded that they should have the advantage of the rise in the market. Under the royal instructions no law which had received the King's approbation could be repealed by a colonial assembly unless the repealing law contained a clause suspending its action until the King's pleasure should be known. As such a suspension would have nullified the purpose of the act of 1758, the Virginia Assembly omitted the suspending clause. It was claimed by the clergy that the latter act repealed that of I748, and that the violation of the royal instructions in omitting the suspendinig clause rendered the act of I758 null and void. A heated controversy soon began, the leader on the part of the clergy being Rev. John Camm, minister of York-Hampton
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parish, who was answered by Richard Bland and Landon Carter in behalf of the Assembly. Rev. Andrew Burnaby, an English clergyman, who was in Virginia at the time, while disapproving the conduct of the Assembly, condemned the violence of most of the clergy, and their disrespectful treatment of the Governor, and of their Commissary, Rev. William Robinson, who had urged them to moderate measures. A convention of the clergy was held and Mr. Camm was sent to England as their representative. On August IO, 1759, he obtained an order of the Privy Council declaring the act of 1758 illegal and was told that this order would make the act v'id ab initio. He thereupon returned to Virginia and brought suit in York County Court to recover the full market value of his salary. Losing his case in the County Court he appealed to the General Court, where he met the same fate, the latter court holding that the act of 1758 was in force until the date of the King's veto. The persistent clergyman then appealed to the Privy Council in England, but when his case was heard in 1767, it was dismissed on some technicality. It was a common belief at the time that this was a mere pretext, and that the English government was unwilling, so soon after the repeal of the Stamp Act, to give any Colony further cause for irritation. While Mr. Camm's case was pending various other minister's sued their vestries with small results. The most celebrated of these was the " Parsons' Cause " in Hanover county in December, 1762, when Patrick Henry, as counsel for the defendants, first sprung into public note by the eloquence and boldness with which he stated the rights of the people. The long agitation over the " Two-Penny Act," thus ended practically in the entire defeat of the claims of the clergy. It was of more momentous importance than this, for Mr. Henry (Life of Patrick Henry, I, 46) has well summed up the results when he states that not only did the clergy find that " they had greatly weakened their hold upon the public, and had given a fresh impulse to the spirit of dissent already grown strong in the colony; " but also that " the struggle greatly strained the bond between the King and the colonists, and was the prelude to the combat that snapped that bond asunder." For details of these acts and the connected events, see Henry's
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Life of Patrick Henry, I, 28-48; Campbell's History of Virginia, 507-5I8; Cobb's Rise of Religious Liberty in America, io8-iit; Meade's Old Churches andFamilies of Virginia, I, 2i6-225, and (especially for documents showing the clergy's side of the case) Perry's Papers Relating to the History of the Church in Virginia, 434-448, 458-501, 506-5i9. Rev. John Camm was son of Thomas Cariom, of Hornsea, Yorkshire, England. Born in 17I8, he took his B. A. degree at Trinity College, Cambridge, in 1741-42, and came to Virginia in or before I745, when he was minister of Newport Parish, Isle of Wight county. In 1749 he was appoined professor of divinity in William and Mary College, and was its President from I771 to 1777, when he was removed by the Board of Visitors on account of his sympathy with England. He died in 1779, and has many descendants. For account of John Camm and his family see William and Mary Quarterly, IV, 6I-62, 275-278.
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==Article text, July 1903==
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PROCEEDINGS OF THE VIRGINIA COMMITTEE OF CORRESPONDENCE, I759-'67. From the Originals in the Virginia State Archives. (CONTINUED) [DEFENCE OF THE VIRGINIA PAPER CURRENCY.] [Endorsement.] Instructions to the Agent in Defence of the paper Currency * of Virginia, referred to by the Letter from the Com'ee of Cor- respondence of the I2th Decr, 1759. *There is a discussion of the paper money of the Colony of Virginia in Ripley's Finantcial History of Virginzia, pages 153-i62. The author, in conclusion, says that the record of Virginia's first experience with paper money " was on the whole a creditable one." * * * " But we must remember the distress of the times, and the heroic exertions of the colony during the [French and Indian] war. In view of these facts, the moderation and foresight of her statesmen is in marked contrast with the reckliess financiering of some of the other colonies both north and south. " Richard Bland, in a letter written in I771 (and printed in this Magazine,. VI, 127-134), says that the English merchants, at first bitterly op- posed the issue, but that at the time he was writing they were the warm- est solicitors of the Assembly for that very species of money. He also states that of ?75o,ooo treasury notes which were issued during the war,, it was probable that only the amount of ,?6o,ooo was outstanding.
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We are informed that the Merchants of Great Britain are much alarmed at our Assembly's passing some Acts for emitting large Quantities of Paper Money, which is made a legal Tender for alL Debts (the King's Quit-rents excepted) and they are very appre- hensive that they may be great Sufferers thereby, in collecting their Debts due here. These Apprehensions of the Merchants proceed from a mis- taken Notion of our having a Law in force for paying off sterl- ing Debts in Current Money at 25 # Cent Exchanige. No Loss can arise to the Merch"' from making this paper Money a legal Tender for Sterling Debts as the Law now stands, and they are in a much better Condition & less liable to Losses in collecting their Debts, than if nothing but sterling or lawful Money of Great Britain were held a Tender for such Debts, as by the Act of the 6th of Queen Anne, which they so much rely on to be a good precedent in such Case. If this can be shewn, it is to be hoped the Gent in the Trade will be satisfied that there is no Necessity to sollicit their Menmo- rial so far as to procure an Instruction about this Matter. True it is, that before this War, and when Exche was rarely above 25 e Cent, we had a Law to settle the payment of Judg- ments for Sterling Debts at that Rate, and it was passed to pre- vent Disputes about the Exchange, and as a Direction to the Sherifs in levying Executions on these Judgments. There was likewise a further View; to prevent Creditors from taking an un- reasonable Advantage of the Necessity of the Debtor for his forbearing to execute the Judgenient perhaps io or I5 et Cent above the then Current Exchange which, as it was a kind of Traffick about Bills of Exche did not come under the penalties of our Laws against Usury or at least was hard to be come at, & pun- ished by them. But when at the breaking out of the present War, Exche began to rise, or rather it was forseen that it would do so, and it was found that Injustice would be done to many, especially the Merchants in Great Britain, if that Law remained in force, it was repealed by an Act of the 28th Geo. 2d, intituleci "An Act*to amend an Act intituled An Act declaring the Law concerning Executions, & for the Relief of insolvent Debtors *Hening, VI, 478.
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and for other purposes therein Mentioned." The preamble of which shews its Intention to take care of the Merchants Interest, and the principal enacting Clause is " That in any Action which hath been or shall be commenced, and is or shall be depending for the Recovery of any sterling money, in any Court of Record within this Dominion, wherein the plaintif or plts. shall recover, sdch Court shall have power, and are hereby directed by Rule to be entered at the foot of their Judgment in such Action, to order such Judgment to be discharged or levied in Current Money, at such a Difference of Exchange as they shall think just, any Law usuage or Custom to the contrary thereof in any wise not- withstanding." And what rate of Exche can a Court under the Direction of this Act think just, but that which is current at the time of entering the Judgment, or such a one, that the Merchant may have his whole Debt remitted to him, without those Losses they so much apprehend? If our notable Agent * at the other End of the town had known and stated these things to the Merchants, they would hardly have thought it necessary to present any Memorial about it. And this it was his Duty to have known and done, as he nas an Allowance of ?200 # Annum to negotiate the Affairs of the Country; And these Acts above mentioned are regularly trans- mitted, as he knows, to the Board of Trade, and were remaining in that Office at the very time the Memorial was presented. But it may be thought that the greatest Difficulty is yet to come, Vizt. to obviate the heavy Complaint-and that which seems to carry weight at first View, that the Assembly have passed a a Law, ex post Facto, to declare paper Bills of Credit a good Tender even for sterling Debts contracted before the passing such Law, whereas the Merchants think that nothing less than sterl- ing or lawful money of Great Britain, should be allowed to be a good Tender, agreeable to the Act t of the 6th of Queen Ann especially for such precontracted Debts. This is to be done, and ? James Abercromby, agent for Virginia from January, 1753, to January, 1758, and for the Governor and Council only until 1773. See note Din- widdie Papers, I, 37-38. tThis probably refers to the act of gth Anne, October, 1710, Iening, III, 502.
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at the same time, it is to be shewn, that the Merchants are in a better Condition, and less liable to Losses in receiving their sterl- ing Debts under our Laws, than they would be, if nothinig but sterling or lawful Money of Great Britain were held a Tenider. For this purpose let us suppose that a Merch't in London ob- tains a Judgment here for fioo sterling, the Debtor is obliged by the 6th of Queen Ann, and therefore procures /ioo sterling or lawful Money of Great Britaini, & pays this Debt; Now this Sum being only of equal Value to /125 Curr't Money; and Exch'e beinig now at 35 e C't (and in War ti'me it is rarely lower), the Agent here must in that Case give /ro Curr't Money nmore to purchase a Bill of Exchange to remit this Debt to his principal, which /io is so much real Loss to the Mer- chant; whereas by the Provision of our Law, no such Loss is incurred, but the Creditor hath his whole /I35 decreed to him, with which a Bill is bought and the full Debt remitted. Thus it is hoped the proposition is proved, and that our Leg- islature have conceived just Apprehensions of the Interest of the Merchants, and all other Creditors for Sterling Debts, and have made a proper provision for their Security. But to set this Matter still in a stronger Light: The Merchants in their Memorial quote the provisions in the Act of the 6th of Queen Anne, that even foreign Gold and Silver Coin, nmade current by that Act, was not to be held a legal Tender for ster- ling Debts, nmuch less ought paper Bills of Credit, which are, they say, of a local, uncertain and fluctuating Value. But give us leave to tell them, that if they had no better Dependance than that Act affords for collecting their sterling Debts, they might be great Sufferers indeed; For tho' that Act, when it was made, and for maniy years after was a good provision for them in that Respect (nothing but sterling or lawful British Money being a legal Tender for sterling Debts) inasmuch as the Ex- change then current here was under the Rate settled by that Act, vizt 25 # Cent, or one shilling passed for I s. 3d, but since Exchange hath been higher than that, which is always the case in time of War, a Tenider exactly agreeable to that Act, would occasion a Loss to the Merchants of so much as 25 If cent falls short of the highest Exchange, viz' IO, I5 or perhaps 20 7 cent.
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Let it be observed, that however contemptibly the Merchants look upon this paper Money, as of a local, uncertain and fluc- tuating Value, yet it is enmitted on such Funds that every one is glad to receive it in any kind of payment, and Exchange is now 1o F Cent lower than it was last War, when we had nothing current but gold and silver Coin, a Circumstance very favourable to the Credit of our paper. And altho' the King's Quit rents as the Merchants rightly observe, are not payable in paper, by that Act, that was done, because his Majesty had by Instruction to the Governor and Officers of his Revenue, directed them to be received only in Sterling, or Gold and Silver Coin at a cer- taini Rate, which Instruction, the Governor durst not contravene by including them in the Act, yet the Receiver General never -refuses paper Money for the Quit rents, because he can readily procure Bills of Exchange for it. [SECRETARY PITT'S LETTER TO THE GOVERNOR OF VIRGINIA.] [Endorsement. ] Copy. Mr. Secretary Pitt's * Letter to the Lieutt Gov" of Virginia of 9 Dec", 1758, referred to by the Come of Correspond- ence in their Letter to the Agent of the 12 Decr, '759. White Hall, gth Decr, 1758. (Triplicate.) Sir,-His Majesty having nothing so much at Heart as to imn- -prove the great and important Advantages gain'd the last Cam- pain,t as well as to repair the Disappointment at Ticonderoga, and by the most vigorous and extensive Efforts to avert, by the Blessing of God on his Arms all Dangers which nlay threaten North America from any future Irruptions of the French; And the King not doubting that all his faithful and brave Subjects there, will chearfully co-operate with and second to the utmost, * William Pitt, appointed Secretary of State of England in '757. t During the summer of 1758 Louisburg and Fort Frontenac were cap- tured from the French and Fort Du Quesne was occupied on November 25, but the news of this last capture had hardly been received in Eng- land when Pitt's letter was written. In July the English forces under Abercromby were defeated before Ticonder
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the large Expence & extraordinary Succours supplied by this Kingdom for their preservation & Defence; And his Majesty considering that the several provinces from Pensylvania inclusive, to the Southward, are well able, with proper Encouragements to furnish a Body of several Thousand Men * to join the King's Forces in those parts for some offensive Operations against the Enemy; And his Ma'ty not judging it expedient to limit the Zeal and Ardour of any of his provinces, by making a Reparti- tion of the Forces to be raised by each respectively for this most important Service. I am commanded to signify to you the King's pleasure that you do forthwith use your utmost Endeavours & Influence with the Council and Assembly of your province, to induice them to raise with all possible Dispatch within your Gov- ernment, at least as large a Body of Men as they did for the last Campaign, and even as nlany more as the Number and Situation of the Inhabitants may allow, and forming the same into Regi- ments as far as shall be found convenient. That you do direct them to hold themselves in Readiness, as early as may be, to march to the Rendezvous at such place or places as may be named for that purpose by the Commander in Chief of his Majesty's Forces in America, or by the Officer who shall be appointed to command the King's Forces in those parts in order to proceed * During the French and Indian war Virginiia kept constantly in service one, and sometimes two regiments of colonial regulars, in addition to companies of rangers, and to large bodies of militia which were fre- quently called out. Lists of some of the militia may be found in Hening, VII, 21-25, 179- 231, VIII, 126--133. In the same work, VII, 493, is a list of the officers. of Byrd's regiment as they stood at the time it was disbanded in 1763. In the Virginia Magazine of History and Biography, I, 378-390; II, 37- 49, 143-153, are rosters of various Virginia companies from the " Wash- ington Papers " in the State Department, Washingtpn. There is in the Virginia State Land Office a large number of certificates filed with appli- cations for land bounty under the royal proclamation of 1763. These cer- tificates have recently been copied for this Society and have been bound in two large indexed volumes, comprising 587 pages. Among the names. are those of about 128 officers and 6r5 privates and non-commissioned officers. It is evident that a large number of certificates are missing or that many.privates did not apply for land. There are also in the Land Office three books containing lists of grantees of land under the Proclamation of 1763.
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from thence, in Conjunction with a Body of his Ma'ty's British Forces, and under the supreme Command of the Officer to be appointed as above, so as to be in a Situation to begin by the first of May, if possible, or as soon after as shall be any way practicable, such offensive Operatious as shall be judged by the Commander of his Majesty's Forces in those parts most expe- dient for annoying the Enemy, and most efficatious towards re- moving and repelling the Dangers that threaten the Frontiers of any of the Southern Colonies on the Continent of America. And the better to facilitate this important Service, the King is pleased to leave it to you to issue Commissions to such Gent of your Province, as you shall judge from their Weight and Credit with the people & their Zeal for the public Service may be best disposed & enabled to quicken and effectuate the speedy levying of the greatest number of Men, in the Disposition of which Com- missions I am persuaded you will have nothing in View but the Good of the King's Service, and a due Subordination of the whole, when joined to his Majesty's Commander. And all Offi- cers of the provincial Forces, as high as Colonels inclusive, are to have Rank according to their several respective Commissions agreeable to the Regulations contained in his Majesty's Warrant of the 30th of December last Year. The King is further pleased to furnish all the Men so raised as above with Arms, Ammunition and Tents, as well as to order provisions to be issued to the same, in the same proportion and manner as is done to the rest of the King's Forces; And a suffi- cient Train of Artillery will also be provided at his Majesty's Ex- pence, for the Operations of the Campaign. The whole there- fore that thre King expects and requires from the several provinces is, the levying cloathing and pay of the Men; And on these Heads also that no Encouragement may be wanting to the fullest Exertion of your Force; his Majesty is further most graciously pleased to permit me to acquaint you that strong Recommenda- tions will be made to parliament in their Session next Year to grant a proper Compensation for such Expences as above, ac- cordingly as the active Vigour & strenuous Efforts of the respec- tive provinces shall justly appear to merit. It is his Majesty's pleasure that you do, with patticular Dili- gence, imnmediately collect and put into the best condition all
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the Arms issued last campaign, which can be any ways rendered serviceable, or that can be found within your Government, in ordet that the same may be employed as far as they will go in this Exigency. I am at the same time to acquaint you, that a reasonable Sup- ply of Arms will be sent fronm England, to replace such as may have been lost, or have become unfit for future service. I am further to inform you, that similar Orders are sent by thiis Conveyance, to Pensylvania, Maryland, North Carolinaand South Carolina. The Northern Governments are also directed to raise Men in the same Manner. to be employed in such offen- sive Operations as the Circumstances and Situation of the En- emy's Possessions in those parts may point out, which it is hoped will oblidge them so to divide their Attention and Forces, as will render the several Attempts more easy & suc- cessful. It is unnecessary to add anything to animate your Zeal in the execution of his Majesty's Orders on this great Occasion, where the future Safety and Wellfare of America, and of your own province in particular, are at stake, and the King doubts not fromn your knowni Fidelity and Attachment, that you will employ yourself with the utmost Application and Dispatch in this urgent and decisive Crisis. I am, Sir, Your most obedt h'ble Serv', W: PITT. Lieut. GoVr of Virginia. [SECRETARY PITT'S LETTER TO THE GOVERNOR OF VIRGINIA.] [Endorsement.] Copy. Mr. Secretary Pitt's Letterof 29th Decr, I758, to the GovT of Virginia-referred to by the Comee of Correspond?e in their Letter to the Agent of Decr I2, 1759. (Duplicate.) Whitehall, 29th Decr. I758. Sir,-In transmitting to you the inclosed Triplicate of my Letter of the gth Instant, I have the King's particular Com- niands to renew and enforce in the strongest Manner the Neces-
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sity of a punctual Compliance with the Orders therein contained, and you will accordingly urge in the most expressive Terms to the Council and Assembly of your Colony, the Importance of their exerting themselves in the present critical and decisive Moment, in whlich their own Interests and Security are so nearly concerned, that it would seem superfluous to add the further Motives of their Duty to the King and of the Gratitude they owe to this Country, for the very Expence and Succours sup- plied for their immediate Defence, & for the future Safety of all their Rights and Possessions in America; and the levying the Meni to be furnished by the several provinices without any delay, and in such time that they may not fail to be at the Rendezvous that shall be appointed for them, so as to be ready to commence the Operations by the ist of May. is so essential, as well for pre- venting the extraordinary Efforts which it is supposed the Enemy is preparing to make to stop the future Progress of his Majesty's Arms in America, as for pushing with Success the ensuing Cam- paign, that it is the King's pleasure that you do employ the utmiost Diligence and every means in your power to forward and expedite this Service in the most effectual manner, and to avoid any Disappointment happening from the slowness of the Levies, or from the men, who shall be raised, not proceeding in due time to the Rendezvous. With Regard to the expences incurred by your Colony, for the last Campaign, I am further to acquaint you, that as soon as the Agents of the respective provinces, duly authorized, shall produce the necessary Documents, the same will, without Delay, be recommended to parliament for a reasonable compensation, agreeble to the gracious Assurances which the King was pleased to allow me to give in my Letter of the 30th of December last Year. I am, Sir, Your most obedient humble Servant, W. PITT. Lieutt GoVr of Virginia.
This content
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[Endorsement.] October 7, I 760. Proceedings Council. AT A COMITTEE OF CORRESPONDENCE HELD AT THE CAPITOL, OCTOBER 7, 1760. Present: The hon'ble W. Nelson, T. Nelson & Ph. Gryrnes, Esq"r, J. Robinson, P. Randolph, Chas. Carter, Mr. Waller, Mr. Wythe, Mr. Bland, & R. C. Nicholas, Esqrs. Mr. Nelson communicated to the Committee two Letters lately come to his Hands from Mr. Montague the Agent, which were read, as wasalsoa Copy of Sir Matthew Lamnb's Opinion on the Act for appointing an Agent, which is niention'd in Mr. Monta- gue's Letters. On Consideration whereof it is the opinion of the Comittee that Mr. Nelson be desired to lay the said Letters before the Council in order to obtain the Opinion & further Directions of the General Assembly (now sitting) thereon. The Comittee taking into Consideration that the Letters from the Agent by means of their being directed ptublicly to this Com. mav possibly excite the Curiosity of People into whose Hands they may casually fall in their Passage hither, and so be opened and suppressed or detained, are of opinion and do ac- cordingly direct that in the next Letter to be sent from this Com. to the Agent he be desired to address his future Letters to Mr. Nelson alone, without the Addition of his being one of the Members of this Com. On the - day of October the Proceedings of this Commnit- tee were laid before the House of Burgesses, pursuant to their Orders, and on the 20th October the House of Burgesses came to the following Resolution, vid-[not given]. AT A COM'E HELD AT THE CAPITOL, NOV'R 3, I760. Present: The hon'ble W. Nelson, T. Nelson, Pet Randolph, Esq"r, Jno. Robinson, P. Randolph, B. Waller, Richard Bland,. Esq The sev' Lr from the Agent to this Comee were again read. Resolved that P. Randolph, Esqr, Mr. Atto & Mr. Bland be appointed a Com. to prepare a Lr to Mr. Montague, in wlich they are to inform him of the Rect of his Letters, & that ye Com
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are well satisfied with his Conduct hitherto; that he must hence- forward look upon himself as Agent for this Colony to all In- tents and purposes, & not suffer any other person to interfere with him in ye Execution of his Office; that they notify to him that the Gen' Assembly have passed an Act to explain & amend the Act for appointg him to his office agreeable to Sr Mattw Lamb's opinion laid before ye Lds of Trade, &c. Also, that they inform him of two other Acts passed the last Session-viz: Supply Bill & ye Act for appointing Receivers of the Money granted by Parliamt, &c., &c. That they give him an Account of thie sev' sums of money granted by this Colony during the Course of the War from the Beginning to this time. That they also inform him of the Address & Representation to his Mat' agreed upon by the Council & H. of Burgesses, and desire him to present ye same in the most proper manner-& that in pur- suance of those Acts Bills of Exchane are drawn upon Mr. Aber- crombie by the persons thereby directed, & that if any Difficulty shd attend the procuring paymt of those Bills he use his utmost Endeavours to remove them, and also furnish him with Reasons & Arguments for supporting them effectually & that they advise him to have Recourse to the sev' Acts of Assembly therein par- ticularly mentioned. That he be likewise told the Govr has ac- quainted this Com. that he has wrote to him to desire his Assis0e to wipe off any Odium he may be under or any Asper- sion thrown on him for giving his Assent to the sevl Acts of Ass: of this Colony lately repealed by his Majesty, & that this Com. desire he will to his utmost assist his Honr therein. Ordd, That the Clerk prepare another Copy of the former letter & Instructions & other Papers sent Home therewith; Also 3 Copies of the three Acts above mentioned properly authenti- cated under the Seal of the Colony, and as many Copies of the Address & Representation to his Majesty. AT A COM'E HELD THE 6 NOV'R, 1760. Pres: The hon'ble W. Nelson, T. Nelson, P. Grymes & Pet. Randolph, Esqru, J. Robinson, B. Waller, G. Wythe & R. C. Nicholas. The Com. appointed presented a Letter they had prepared
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for the Agent agreeable to the sev' Resolutions of the last Comee which, with some Anmendments now made, was agreed to. Ordd, That the same be fairly transcribed immediately, and that two other farir Copies be also prepared with all Dispatch, to be sent home by 3 sev' diff' Ships. Ordd, That the C'lk prepare a fourth Copy of the first Lr and Instructions & the sev' Papers therein ment4 & refP to, to be senit home by the first Ships, the Comi. being inform'd that ye two first already sent are taken. The L this day agreed to is as follows: [LETTER TO THE AGENT.] [Endorsement.] Second Letter to the Agent, Nov. sth, 1760. Wm5burg, Nov. 5th, I760. Sir,-Yours of the first and twentieth of May & nineteenth of July have been receiv'd by the ComLL & laid before the Gen- eral Assembly. Your Readiness in accepting the Agency, we are to acquaint you, gave them no small Pleasure, as they have ye imost sanguine Expectations that great Advantages will be derived to this Colony, from your Weight & Influence. Your asserting your Right as Agent, particularly in the Affair relating to the Money voted by Parliament, was highly approved of. And we were no less pleased with your immediate Resolution to give up your Claim to any Advantage arising from the Rec't of that Money, as soon as you thought any Delay in the remitting it might possibly be a Prejudice to this Colony. Prom this step, we are persuaded, that you will on every occasion prefer the Good of the People you represent to any private views. We think you judged very right in refusing to sign the Papers offer'd to you by Mr. Abercrombie, as you are by no Means to look on him as Agent for Virginia, but to consider yourself as such to all Intents & Purposes, & not to sufler any other Person to interfere with you in the Execution of your office. However, it is not our Intention to restrain you from joining Mr. Aber- crombie, or aniy other Gent. in any Sollicitation that may prob- ably be for the Benefit of this Colony. The Governor* having inform'd the Comee that he has wrote * Francis Fauquier, Governor of Virginia, June, 1758-March, 1768.
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to you, desiring you to join Mr. Abercrombie in removing any ill Impressions the Ministry may have of him, on his giving his Assent to several Laws, which have been judged to be contrary to his Majesty's Instructions, & consequently repeal'd by his Royal Proclamation, we earnestly recommend it to you to con- tribute every thing in your Power to wipe off any Odium he may be under, or any Aspersion thrown on him for passing those Acts. We are the more pressing on this Occasion from the great Esteem we have for that Gent, who in every Instance, of his Administration, has demonstrated his Dutv to his Majesty, and his Affection to the People under his Government. Altho' we must confess that the Governor, in passing those Acts, did not strictly adhere to his Instructions, yet he had no Reasoni to be apprehensive of incurring his Majesty's Displeasure, as former Governors had pass'd several Acts of the same Nature, which hadl never been complain'd of. The General Assembly at the last Session pass'ci an Act* for explaining and anmending an Act for appointing an Agent, which, we flatter ourselves, will remove Sr. Matthew Lamb's Objection. For, we must acquaint you, that it was never the Design of that Act to deprive any Branch of the Legislature of a concurrent Power in the Appointment, or Deprivation of an Agent, nor cou'd we conceive that it wou'd ever be taken in that sense. The Assembly at the same Session pass'd two other Acts,t the one for recruiting & further continuing the old Regiment in the Service of this Colony, and for other Purposes therein men - tioned, the other for appointing Persons to receive the Money granted or to be granted by the Parliament of Great Britaini to his Majesty for the use of this Colony. By a Clause in the former of these Acts the Governor, President & Speaker are authoriz'd to draw Bills of Exchange on James Abercrombie, Esq., to the Amotunt of twenty thousand Pounds Virginia Cur- rency. And by the other Act, the said Governor, President & Speaker are authoriz'd & empower'd to draw Bills of Exchange * Hening, V1I, 375. t Hlening, Vii, 369 and 372. The latter act recites that /52,814.19 had been allotted to Virginia out of the amounit voted by Parliament in 1757 and 1758 for the relief of the American colonies.
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on the sd. James Abercrombie for the Ballance remaining in his Hanids of the several Sums of 632,260. i9 and /20,546 alloted by his Majesty for this Colony. And by the sd. Act you are authoriz'd, directed & empower'd to receive all such other Sum or Sums of Money as already have been or hereafter may be granted by the Parliament of Great Britain to his Majesty for the Use of this Colony, and as you advise us that Mr. Abercrombie has put in his Claim for our Proportion of the last Sum granted to the Americani Colonies, we desire that you will demand any Money he inay have received on that Acct of him; you'll please to inform yourself what Comissions are allowed to the Agents of the other Colonies & advise us thereof that we may be satis- fied Mr. Abercrombie has not imposed on us in his Charge. Copies of the said Acts will be transmitted to you, and in Pur- suance of the two last mention'd Acts, the Governor, President & Speaker have drawn several Bills. We can scarce think that Mr. Abercrombie will not pay due Honor to them as the Method pursued was pointed out by him. But if he shou'd not, you will be particularly attentive to remove his Objections. The Gen' Assembly being under the greatest Concern to find that their Conduct had been misrepresented, & that they had been accus'd of attempting, in many Instances to infringe the establish'd Rules of Government, & to violate the Royal Pre- rogative* have drawn up an Address and Representation to his Majesty, setting forth the Proceedings of the Legislature, by which they hope their Conduct will appear in a more favourable Light. Copies of the Address & Representation by the Direc- tions of the Gen' Assembly are herewith inclos'd, and you are desir'd to present them in the most proper Manner. We refer you to the Reasons in the Representation for the passing the several Acts therein mention'd, which we conceive will be suffi- cient to acquit the Legislature of any sinister or disloyal Inten- tions. But as the Matters contain'd in the latter Part of the Representation are of the greatest Importance to this Colony, & the very being of the Constitution depending thereon, it may be necessary to add some further Observations and Reasons to * This refers to the " Two-Penny Act," regarding the payment of to- bacco debts in money. See April number of this Magazine.
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those contained therein. The Instructions to the Governor of this Colony were given by King Charles the second soon after the Restoration, & have had little Alteration since. By the i6th Article of those Instructions the Governor is directed to pass no Act of a less Continuance than two Years, & no Act repeal- ing or amending any other Act, whether the same has or has not receiv'd his Majesty's Assent, unless a Clause be inserted suspending the Execution thereof until his Royal Pleasure shall be known. So far as relates to the passing Acts for repealing or amending any Act assented to by his Majesty, the Assembly have always paid a due Obedience to his Instructions, but the Instruction relating to the repealing or amending Laws, which never have had his Majesty's Assent, or have been made for a shorter Term than two Years, has never been attended to. And as a proof that this Instruction has not always been enforced even by the Ministry, the General Assembly revis'd our Laws in 1748, when many of them were both alter'd & repeal'd. The Ministry at that Time were so far from disapproving their Con- duct, that they recommended it to the other Colonies to imi- tate their Example. By a Recourse to the Laws, you'll find that the Assemblies have exercis'd this Power ever since the Date of the Instructions so much relied on. And we are per- suaded that this Instruction wou'd not at this Time have been enforced, had it not been for the Clamour of a few dissatisfied Clergy, who preferring their own Interest to every other Con- sideration, have not hesitated by their cunning & artful Insinu- ations, & by their false & scandalous Representations to blacken the Character of the Legislature of this Colony. Upon this factious Complaint of the Clergy his Majesty has been pleas'd to send an Additional Instruction to enforce that old Instruction, which has been so long consider'd as obsolete, By which the Governor, who is on every Occasion desirous of promoting the Interest & Happiness of this Colony, thinks himself restrain'd from passing any Act contrary to the Letter thereof. And it is apparent that if he shou'd adhere thereto, the Privilege of mak- ing Laws, which all his Majesty's Colonies have, & ought to enjoy, will be abridg'd, & in a great Measure abolish'd. For all Countries are liable to such Changes & Accidents, as require the immediate Interposition of the Legislature, And no less t
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an infallible Power can form Laws so perfect that they may not afterwards stand in Need of Alterations or Amendments. You can easily suggest the many Inconveniencies we must necessa- rily labour under, by being oblig'd to suspend the Execution of any Act, let ye emergenicy be ever so great, till his Majesty's Pleasure can be known. It is well known, that we have been in a state of War ever since the Year I753; that we have been under a Necessity to make annual Provision for our Troops, and to guard against the various & unforseen Events which ml]ust happen at such a Time; That an Aninual Provision must be made to prevent Mutiny & Desertion, neither of which can be done if we are restrain'd by Instructions from passing such oc- casional Laws. And it is remiarkable that one of Sr. M. L's Objections to the Act for appointing an Agent is to its Continu- ance for 7 Y'rs, & he recommends the passing an Act for this ppurpose from yr to Year, at the very time that his Mat'y is en- forcing the Instruction above mentioned. In the Year 1705 An Act* pass'd for paying the Burgesses one hundred & thirty Pounds of Tob? & Cash e Day for their Wages. At that Time this was equal to ten shillings # Day, but Tobo having since greatly advanc'd in Price the Burgesses have scarce ever fail'd to pass an Act for paying their Wages in Money at ten shillings ' Day in Lieu of Tob?. This was (lone for the Ease of the People & may convince anv impartial Person that the Burgesses have not always acted upon self'interested Principles. This late Instruction restrains the Assembly from giving up even their own Rights. Having furnish'd you with every Argument that occurs to tus otn this Occasion, except such as are already made use of in the Representation, we have only to desire you to use your utmliost Endeavours either to have this Instruction counternmandedi or alter'd in such a Manner that it mav not so sensibly affect the Interest & Liberty of the People of this Colony. You are also to take every Method of justifying the Conduct -of the Gen' Assembly in passitng those Laws so imiuch complain'd of by the Clergy, & repealed by his Majesty's Proclamation. From the- Reasonableness of our Request we cannot doubt of your success. *Henitng, IIJ, 244.
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Any Expence attending these Sollicitations will be repaid you. We are, &c. P. S. You'll please to address your future L'rs for the Com'ee to ye hon'ble Wm Nelson, Esqr, alone, & without the Addition of his being a member of this Come. This is thought a neces- sary Caution to secure 'em from ye Inspection of such as might be curious enough to open them. [Endorsement.] PROCEEDINGS OF THE COM'E, MAY 4, 176I. At a Committee held at the Capitol, MaY 4, 176I. Present: The hon'ble William Nelson, Thomas Nelson, Philip Grymes & Peter Randolph, Esqrs; Peyton Randolph, Benjamin Waller, George Wythe & Robt. Carter Nicholas, Esqrs. Mr. Nelson informed the Board that he had convened them to consider of several Matters lately occurred, which he thought required the Care & Attention of the Agent in Gt Britain, vizt.: The Case of Thornton & als vs. Buchanan, & Hamilton, late of London, Bankrupts, & their Assignees & Factors here, in which a Decree passed this prest G' Ct in favr of the Plts. from which the Deft's had pray'd an App' to the King in his privy Council. That this Decree being founded on an Act* of Ass. of this Colony, made in 1744-to wit: "An Act for the Relief of certain Creditors," which is a very beneficial Law to the Subject here, it might be necessary for the Agent to assist in the Debate in England in order to support that Law. Anor thing he proposed to ye Considn of the Board, was an Expression in Mr. Secretary Pitt's last letter to his Honr the- Govr, which he had laid before the Ass., in which the Colony is accused of being remiss in their Duty to his Majesty in not rais- ing a suffi' Number of Men for the Campain in 1760, which point he thought it necessary shd be clear'd up in England. The last point Mr. Nelsoni desired Opinion of the Com'ee in, was the public Complaint of the People for the wt of a Man of War to protect our Coast. * Heoing, V, 244.
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On mature Consid0 of these sev' Matters the Committee were of Opinion that the Agent ought to receive Instructions therein & be desired to. Mr. Nelson then presented to the Board a letter which he had previously prepared for the Purposes above mentioned, & the same being read, was with some Amendments approved of, & thereupon it was Ord', that sd Lr be fairly transcribed & that the Cl'k procure authenticated Copies of the sev' Papers referred to by the sd Letter to be transmitted therewith. The Letter is as follows: [LETTER TO THE AGENT.] (Endorsement.) 3d Letter to the Agent, May 4, 176I. Virginia, April 30, I761. Edward Montague, Esqr. Sir,-By the Receipt of our last Dispatches to you by Capt Perry, Via Bristol, you will have seen how very unfortunate we have been, in having the first and second Copies taken by the Enemy. When you received the third, you would have full Instructions in every Matter that it was then necessary to trouble you with, relative to this Colony, Since which some things have occurred which we think require your Care and Attention. There hath passed in this present General Court a Decree in Chancery in Favour of John Thornton and others (the Title is inclosed) against the Assignees of the Estate and Effects of George Buchanan & William Hamilton late of the City of Lon- don Bankrupts, for a very conisiderable Sum, near ?5,ooo sterl- ing, from which Decree the Defend" have prayed an Appeal to his Majesty in his Privy Council; And as this Decree is founded on an Act of our General Assembly, that is extreemly beneficial to the Colony, it is of the utmost Consequence that you use all possible Means to procure an Affirmance of the Decree, & sup- port the Validity of the Act. It is intituled "An Act for the Re- lief of certain Creditors passed Anno i8th of George the second: And that you may be fully acquainted with the Nature of the
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Dispute, it may not be improper to give you a short History of the Act and the Reasons of passing it. About the year I732. the Merchants of Great Britain obtained an Act of Parliament, intit' An Act for the more easy Recovery of Debts in his Majestys Plantations and Colonies in America, which was favourable to them, tho' not to us, as it subjected all our Lands in the Plantations to be taken in Execution and sold as Chattels to satisfy Debts due to Merchants in Great Britain even on simple Contracts, tho' they are not liable for any debt contracted here except by exact accord to the course of ye Common Law. This was thought somewhat hard as the Advantages were not reciprocal, and we had no certain way of recovering our Debts from them, nor could we subject Lands in the plantations belong- ing to merchants residing in Great Britain to the payment of such Debts. To remedy this and to establish one certain regular and uniform method of proceeding in the Recovery of Debts due to the Inhabitants of this Colony from Persons residing out of it, this Act was passed; soon after which, upon a proper Represen- tation of it's Reasonablness and Utility, it obtained the King's Assent, so that now it stands on as good Authority as any Act of the British parliament, and thus confirmed by his Majesty, can't be repealed but by our Assembly with the King's Assent. This is a point that you are to insist upon if it should be disputed. Under this Act we have always attached the Effects of Persons residing out of the Colony, as well as of those of good Credit, as of other dying insolvent, and of Bankrupts. The Assignees in the present Case think that by Virtue of the Statutes concern- ing Bankruptces, they are entitled to all the Effects of a Bank- rupt in Virginia, as well as in Great Britain, in Exclusion of our Rights here, the Unreasonableness and Injustice of which will appear from this Consideration; that the time limited- by the Assignees under a Commission of Bankruptcy for the Creditors to make out their Demands is so short as renders it impossible for us to come in under a Commission & receive any Benefit from it; besides the Effects which the Merchant of Great Britain hath here often gives Credit to his Factor or Agent, who buys large Quantities of robacco, draws his Bills for the payment, and if the Principal happens to break the Bills are protested; And if
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the Assignees prevail in this Case the very Effects here which the planter looked upon as a Security for the payment of the Bills are swept away by them, & he is left to lament the extreem Inequality of the Laws, if they should be so adjudged. You are therefore, Sir, to engage the best Counsel you can to support and defend the Force of this Act, the Expence of which shall be repaid you. You are not to act as a Principal in the Dispute, since the Respondents will send over a Copy of the Decree, and will also employ Counsel to prevent a Reversal. We now inclose you a Copy of the Act, with his late Majesty's Ratification in due Form so that, we repeat it again, no power on Earth can alter the Force of it less than our Assembly with his Majesty's Assent. We have observed in a Letter from Mr. Secretary Pitt to our Lieuten' Governor, which he laid before the General Assembly, he, says that this Colony had been remiss in their Duty to the King, bygrantingsofew MenforthelastCampaign, I76o. This is an Imputation that we expected ouir very liberal Grants for many Years past, even beyond our Abilities, would have secured us from; but we are willing to hope that this Censure of our Conduct arose from Mr. Secretary's forming his Idea of our Number of Men that year from the Returns which General Monckton made to the War Office, in which would appear but little more than 400 Men. But besides these, we had a thousand Men on our Southwestern Frontiers, ready to co-operate with Coll Montgomery against the Cherokees, which were prevenited from acting by the Repulse he met with, and his hasty Retreat in Consequence of it. That you may be able to remove any unfavorable Impressions of us in this Respect, and that you may put in our Claim for a proportion of any Money that was given last, or may be given next Session of Parliament, we now send you authentic Copies of both the Acts,* by which you will see that we have expended * By act passed November, 1759, it was ordered that 400 men of the Virginia regiment should be employed in such manner as the Com- mander-in-chief of his Majesty's forces should direct, and that the re- maining part should be stationed where the Governor of Virginia should appoint (Hening, VII, 331). An act was passed in March, 1760, (Ibid, .317) continuing the Virginia regiment in service, and also providing for retaining in service 3oo men, in addition, who were guarding the fron-
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all that we received of the two first Grants, and we expect there wlll be a large Sum to pay for Deficiences at the End of this Canipain. The last poinit we shall now trouble you upon, is the Com- plaint of the people for Want of a Man of War stationed here to protect our Coasts and Harbours from the Insults of the Enemy's privateers. It is remarkable that the Colony has not for a long Tract of Time been without a Guard Ship or two, "till within these five Years past, we have not had any, except now and then a Ship hath come as Convoy to the Trade, and returned with it, leaving the Coast without any Naval Protection for many Months, and last Summer a small privateer came to the mouth of our most considerable Harbour, cut out a Vessel from the Coast of Guinea of great Value, and carried her off, besides making many other Captures. The natural Way to remedy this, would be by an earnest Application to the Lords of the Admiralty, setting forth the Necessity of some Protection of this Sort, as the Trade is of Consequence and merits some Consideration. You will, there- fore, Sir, use your best Endeavours to prevail with their Lord- ships to order a Ship or Sloop of War, to be always on the Sta- tioin, besides any that may be occasionally appointed as Convoy to the Trade to and from Great Britain. [Endorsement.] PROCEEDINGS OF THE COMMITTEE, I ITH AND 13TH JUNE, 176I, With the 4th L1 inclosed. At a Come held June IIth-, 176I. Present: hon. W. Nelson, T. Nelson, P. Grymes & P. R., Esqrs., Mr. Atto Col. Bland, Mr. Waller, Mr. Wythe & Mr. Nicholas. That Pt of his LT relat'g to an Address of Condol0" complied -with last Sess., The Ass. not sett5 before. tiers. By act of the May session, 1760, (Ibid., 357) 300 men of the Vir- ginia regiment, and an additional force to be enlisted, not exceeding 700, were ordered to the relief of Fort Loudoun, which was threatened by the Cherokees. The acts referred to in the text were, no doubt, two of these.
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The Satisfaction given his Maj'tys Subjects of Virga to hear of his Accessn to the Throne* so much to the Satisfact" of his people. Not to put himself to the Expence of Copies of the Vouchers by w'ch Mr. Dinwiddie passed his Accts. till he hears further from ye Com. That he will endeavour to inforce the Represent" from hence sent him formerly in Regard to the Dispute with the Clergy & the other Matters recommended to him. To be informed it is notorious here that Maryland raised no, Men. That he enforce the Instruct"" given him in the Last Let- ters from hence relative to the Number of Men raised for the last Campain to join Col. Montgomery. And that the Men were under Gen' Amherst's Comm4 & Col. Byrd rec' orders from him. To give him the Opinion of this Com'tee what Articles of Expence in the Execution of his Office will be reimbursed, & what not. That it is the Opinion of the CoMr that a Commissn of IS Y2 Ct will be allow'd him for all Monies he shall receive for the use of this Colony & that he be desired to inform Mr. Abercrombie of this & that it is expected he will re-settle his Accounts agree- able to this Direction, which if he refuses, Mr. Montague must oppose his passg his Acc' in any other Manner at the Treasury. As to Mr. Rowe, it is known whether he is gone home on any particular public Business but that the CoMr look upon his En- quiry into this Matter as an Instance of his Attention to the Interest of this Colony. Not to look upon himself as concern'd in procuring the King's Assent to any private Acts of Assembly, but that it's left to the parties concern'd to emplov whom they please, & that he is at Liberty on Application to solicit any such Acts. Mr. Att?, Mr. Nicholas & Mr. Wythe appointed to prepare the L'. At a Com. held ye 13. The Com. Prest: W. N., T. N., P. G., & R. B., Esq1', Jnv * George III succeeded to the throne on the death of his grandfather in 1760.
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Robinson, Peyton Randolph. G. W., & R. C. N., Gent. Lr read & agreed to & signed by the Members present. LETTER TO THE AGENT. [Endorsement]: 4th L' to the Agent. June 13, 176X. Virginia, June 13th, 176I. Sir,-From your letters of the I5.and igth of Feb. and the 3d and 5th of March, which we have received, we are well pleased to find that your conduct still merits our approbation, and have grounds to hope your attention to your own credit, as well as zeal for the colony's interest, joined with assiduity, patience and perseverance, will render any great share of that influence you disclaim unnecessary to promote the good of your constituents. As Virginia is not inferior to any part of the world in that duty to their present sovereign, which they manifested in every instance to his roial progenitor; so they were not less sensible of that grief which every British heart was afflicted with on the de- mise of his late majesty nor would have been less early in con- gratulating his successor on his accession, but that this ceremony was necessarily delaied 'til the meeting of the general assembly, when an address of the united powers of the legislature was pre- pared which we believe hath been presented. The general testimony that our young monarch is giving daily proofs of his inclinations to add to the glory and felicity of his people will justify our indulging the most delightful prospects of liberty, peace and plenty, and incline us to expect that he will graciously extend his roial and paternal care and protection equally to all his subjects, and redress the grievances of any of them, how remote soever, when properly explained, with his wonted benignity. We need not repeat, and can not add to any thing in our former letters on the subject of the address and representation, and other matters recommended with them to you, not doubting your endeavours to solicit and enforce them effectually, and leav- ing the manner of doing it to your own discretion. If the resolution of the lords of the treasury " to admit no sollicitations from the agents relating to the distribution of the money granted by parliament'" is not unalterable; if they can
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be made acquainted with what we have formerly written on that head; if they knew what is notorious and confessed here, that Maryland did not furnish a single mani for the service in the year 1759, and for seieral years before; and if they were informed that i,ooo of the men levied, subsisted and paid by this colorny last campaign, serving under an officer who received his orders from general Amherst, were intended to have joined his majes- ty's forces under col. Monckton, and would actually have done so, but that they were afterwards, with the general's approbation, directed to assist the forces from South Carolina under col. Montgomery. We say, if these considerations were sufficiently attended to, have we not reason to hope the application of the money would be more justly proportioned to the vigor and strenuous efforts of the " respective provinces ?" When you can procure an audience on the subject of the act of 22 G 2 for settling the titles and bounds of lands, &c., we hope the utility of that salutary law will not be measured by the care and diligence of those who have before sollicited the affairs of this colony. We would not have you put us to an expence for copies of the vouchers of mr. Dinwiddie's account, until we shall have given you further directions, after seeing it. We are obliged to you for the information you have given us concerning the commissions allowed the agents of the other col- onies. We are willing and do agree to allow you what seems to be a reasonable commission, 1 ? per cent. for your trouble in receiving and remitting this colony's proportion of money granted by parliament, and we desire you to inform mr. Aber- crombie of this our resolution, and that we expect he will reduce his charge for that service to the like proportion, or otherwise that we have instructed you to oppose the passing of his account at the treasury. [On the margin is written, "This to be left out. "] We think that gentleman hath not dealt with us as he ought, both in overrating his commission, and in many other articles of disbursements in his account. We should not have objected to reimbursing him his expences in procuring papers, &c., for our use, as we are willing to allow any of yours of that kind. As we do not know that mr. Rowe is charged with any em-
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bassy which can concern this colony, we have nothing more to say in answer to so much of your letter as relates to him than that we regard your precaution as an instance of that vigilance by which we hope all the purposes of any enemies to the tran- quillity and happiness of this country on your side will be de- feated. The sollicitation of the roial assent to any private acts of as- sembly we do not consider as an ex officio business of yours, unless,you have particular directions from us relative to them; but we do not mean to restrain you from doing that office at the request of any parties interested who shall apply to you. Our governor, by a faithful, prudent and steady administra- tion, bath given such universal satisfaction that we think the good of this country concerned in 'preventing any aspersions or ill impressions his conduct may give birth to,' and we be- lieve every well-wisher to it nmost heartily congratulates us on .his being continued in his government. the Treasurer of this Colony to pay you /5?? sterling B Ann. for yor Trouble & Expence in ye Discharge of your Duty in such Office yet, &c. It may not be improper to mention here that tho' the Act for -the appointing an Agent directs (here insert the Words of the Act relative to this point as I have not the Act), yet that it did not mean to subject you to the expences accruing by the procuring of papers & other services of that kind; you will all- waies be reimburs-'d for such, & may charge the country for them in your fuiture Acct. N. B. for fear you should not read my blots I put that part over again to the expences accruing by the procuring of papers & other services of that kind. (TO BE CONTINUED.)
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==See also==
*[[S. Bassett French Biographical Sketch]]
*Other Related Wythepedia Pages

==References==
<references/>

==Further reading==
*E.I. Miller, [https://archive.org/details/jstor-1915067/page/n1/mode/2up "The Virginia Committee of Correspondence,"] ''William & Mary College Quarterly'' 22, no. 1 (July 1913), 1-19.

==External links==
*Read this book in [https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fbooks.google.com%2F&data=05%7C02%7Csnblai%40wm.edu%7C8aa76e76940641dac63008de7309c687%7Cb93cbc3e661d40588693a897b924b8d7%7C0%7C0%7C639074682998650757%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=BA8w%2FCHBiUFVXYaqMYq5S1VlmP6MrL3gF5RwnMwBFQI%3D&reserved=0 Google Books.]

[[Category: Biographies (Articles)]]

Proceedings of the Virginia Committee of Correspondence

2026-02-24T18:15:35Z

Gwsweeney: /* Further reading */

{{DISPLAYTITLE:"Proceedings of the Virginia Committee of Correspondence, 1759-'67"}}
[[File:VirginiaMagazineOfHistoryAndBiographyApril1903p337.jpg|thumb|right|350px|First page of "[[Media:ProceedingsOfTheVirginiaCommitteeOfCorrespondenceApril1903.pdf|Proceedings of the Virginia Committee of Correspondence, 1759-'67]]," ''Virginia Magazine of History and Biography'' (April 1903), p. 337.]]
Introduction and summary.<ref>Please footnote sources.</ref>

==Article text, April 1902==
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VIRGINIA LEGISLATIVE DOCUMENTS. Many years ago the older papers forming the records of the General Assembly of Virginia were removed from the office of the Keeper of the Rolls, and deposited, or rather, apparently, thrown in a heap, in the garret of the Capitol. They long remained in this p)lace with the dirt accumulating on them, unthought of and unused, except by Mr. W. W. Henry, who obtained from the mass, much material used in his Life of Patrick Henry. About ten years ago the Legislature placed these records in the custody of the Secretary of the Commonwealth for arrangement and possible publication. They were, accordingly, brought down from the garret, properly arranged in chronological order, and put up in packages; but the removal of the State Library to a new building and a demand for the room in which these records were stored for other use, almost undid the good done by the arrangement. It became necessary to remove them to the new building, where they are packed in such a small space that they are practically inaccessible uintil again examined and arranged. This Society has obtained permission to copy and publish them, and the first installment appears below. These papers consist of petitions, remonstrances, letters, executive communications, rough draughts of bills, &c. There are a few documents of an earlier date than 1774; but the mass of them begin in that year. [The first two papers in this collection are deeds, dated in 1728, conveying a lot of land for a free school in the town of Norfolk. These were printed in the Lower Norfolk Antiquary, I, 78-8I.] Proceedings of Virginia Committee of Correspondence,* 1764. VIRGINIA AND THE ENGLISH "DECLARATORY ACT." At a Committee of Correspondence held at the Capitol December I9, 1764. *See Note i, at
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Present: The hon'ble John Blair, Wm. Nelson, Thos. Nelson and Peter Randolph, Esqr., John Robinson, Peyton Randolph, Richard Bland, Geo. Wythe, L. Burwell & Dud. Digges, Esqr. Mr. Montague's Letter of the 2ISt July, was read & a Letter ordered to inform him of the proceedings of the present Session of Assembly on the Subject of the Taxes * proposed to be laid on the Colonies by the British Parliament & that copies of the Address to his Majesty & the Memoriais to the House of Parliament be got ready to go with the Letter. And the Comn. immediately proceeded to prepare such a Letter, which was done at the Board, signed by all the members present and is as follows: Virga, Dec., 20th, 1764. Sir, We have rec'd your Letter of the 2ISt of July last, & have only to observe with Respect to the Act * * of * * for regulating the German Coin, that his Hon. Gov. has wrote to ye Lo'ds of Trade oni that Subject, tranismitted to themii an answer to the objection raised agaitnst it, in which he was assisted by some of our members & to which we beg leave to refer you. We are now to inlform you that the Genieral Assembly of this Colony met on the Day we mientioned in our last, and immediately took into consideration the Taxation proposed by the British Parliament on the American Colonies, when your several Letters on that subject and the Votes of the House of Comnmonis which you sent us were laid before themn. The Result of their Deliberation on this important Subject, is an address to the King, and memorials to the two Houses of Parliament, in which the Council and House of Burgesses have unanimously joined and directed us to transmit them to you; and we must desire of you to try every possible method of having them properly presented and use your utmost Influence in supporting them. We are under some apprehensions that you will meet with Difficulty in getting the memorial to the Connmons laid before them, as we have heard of their refusing to receive Petitions from the Colonies in former similar Instances. If this should be now the case we think you should have them *See Note 2, at end.
This
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printed and dispersed over the Nation, or the substance of them at least published in such manner as you may think least liable to objection, that the People of England may be acquainted with the Privileges & Liberties we claim as British Subjects; as their Brethren and the dreadful apprehensions we are under of being deprived of them in the unconstitutional method proposed. We have had so many Proofs of your attention to our Interest that we do not entertain the least Doubt of your doing every thing in your Power to assist us in this very interesting Occasion in which we are persuaded you will be heartily seconded by the Agents for the other American Colonies. We are Sir, Yr. mo. hble. Servt", J. Blair,* W. Nelson,t T. Nelson,: P. Randolph,? J. Robinson,II Pey. Randolph,? R. Bland,* * G. Wythe,t t L. Burwell, t + D. Diggs, Jun. ? Proceedings of Virginia Committee of Correspondence, 1765. THE RESOLUTIONS OF MAY 30, 1765. At a Committee held at the Capital the I4 Day of Septmr, I 765. Present: The hon. John Blair, Wm. Nelson, Thos. Nelson & Robert Carter,' Esqr, Peyton Randolph, Geo. Wythe, Robt. Carter Nicholas,?? Lewis Burwell, and Dudley Diggs, Esqr, *John Blair, of Williamsburg, born j686, died November 5, 177, was a nephew of Rev. James Blair, D). D., the first President of William and Mary College, and entered early into public life. He was member of the House of Burgesses for Williamsburg 1736, I738, 1740; Auditor- General 1732-177 1; member of the Council 1743-177 1, and as President of that body was acting Governor January-June, 1758, and March-October, 1768. He married Mary, daughter of Rev. John Monro, and was father of Justice John Blair, of the U. S. Supreme Court See Wiliam and Mary Quarterly, VII, 134-153; VIII, i-i7; and " Blair, Banister and Braxton Families." t William Nelson, of Yorktown, born 171 1, died November I9, 1772. He was a member of the House of Burgesses for York county 1742, 1744; of the Council 1744-1772, and as President of the
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Mr. Atto; Mr. Wythe, Mr. Nicholas, appd to prepare a Letter to acting Governior from October 15, 1770, to August, 1771. He married Elizabeth, daughter of Nathaniel Burwell, of "Carter's Creek," Gloucester county, and was the father of Thomas Nelson, signer of the Declaration of Independence See R. C M. Page's Page, Nelson, &c., Families, 2d edition. I6o- i66; William and Mary Quarterly, VII, 25-30; Meade's Old Churches and Families of Virginia, 1, 205- 210. 4 Thomas Nelson, of Yorktown, Va. (a brother of William Nelson), was born in 1716 and died in 1782. He was a member of the House of Burgesses for York county 1745-1749, inclusive; of the Council 1749-76, and Secretary of State 1743-76. It appears from the Virginia Gazette (Dixon and Hunter's), of May 6, 1775 that he was then President of the Council. His house at Yorktown was for a time Cornwallis' headquarters; btut was destroyed by the bomnbardment. " Secretary Nelson," as he was usually called, was at Yorktown when the siege commenced; but on October 8th, came out to the Americani lines under a flag of truce. A contemporary writer says that he spoke cheerftully to the officers who gathered arotitnd him, and encouraged them by his description of the great damage the shells were doing in the town. He married Lucy Armistead. . Peter Randolph, of " Chatsworth," Henrico county, born 1713, died July 8, 1767; was appointed to the Council in 1751. and was Surveyor General of the Customs for the Middle District of North America. He was probably not in favor of any radical measures iii opposition to England, as Jefferson says that the morning after Henry's resolutions-the first five-were adopted in 1765, he saw Colonel Peter Randolph sitting at the clerk's table examining the journals to find a precedent for expunging a vote of the House. His will is published in Water's Gleanings. He married Lucy, daughter of Robert Bolling, of Prince George county, and was the father of Beverley Randolph, Governor of Virginia. IIJohn Robinson, of " Mt. Pleasant," King and Qtueen county, was born in Virginia, and died in May, 1766. He was a member of the House of Burgesses for King and Queen county 1736-1766, and Speaker of the House and Treasurer of Virginia 1738-1766. The Virginia Gazette for May i6, 1766, contains the following: "On Sunday last died John Robinson, Esq., a member of the General Assembly for the county of King and Queen. He had been almost thirty years Speaker of the Burgesses, every one allowing to his indisputable merit, not the second, but the first place in that House; which post he filled with sufficient ability, and equal dignity: So that the public is deprived of a most uiseful servant. And the matny amiable virtues which adorned his private
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the agent to acknow: Rec' of his sev" Letters of i9th Novr, I764, station, whilst they consecrate his memory among his friends, dependants, and acquaintance, mark his death as a calamity to be lamented by the unfortunate anid indigent who were wont to be relieved and cherished by his humanity and liberality." His natural abilities, and genial temper, united to the two offices he held, made him long onie of the most influential nmen in Virginia. This easy and generous disposition caused him to be a careless guardian of the public funds, and at his death he was found to be a defaulter for about ,?roo,oou. Much of this was on account of moniey he had loaned to friends. Ultimately the whole was repaid from his great estate. He married (1), Story; (II), Lucy, daughter of Augustine Moore, of "Chelsea;" (II), Susanna, daughter of Colonel John Chiswell. His onily descendants are through his daughter Susanna, who married Robert Nelson, of "MNlalvern Hill," Henrico county. ? Peyton Randolph, of Williamsburg, born 172I, died September 22, 1775, was member of the House of Burgesses for William and Mary College of Williamsburg from 1748 to 1775, continuously; Attorney- General 1748-1766, and Speaker of the House of Burgesses 1767-1775. He was President of the Convention of March, 1774 and 1775, and that of July in the latter year, but resigned the position in August on account of bad health. Was President of the Continental Congress in 1774 and 1775. He married Elizabeth, sister of Benjamin Harrison, the signler of the Declaration of Inidependence, but had no issue. ** Richard Bland, of "Jordan's," Prince George county, born May 6, 17IO, died October 26, 1776. He was a member of the House of Burgesses 1742-1775, continuously; of the Conventions of March, July and December, 1775, and May, 1776; elected member of the Colonial Committee of Correspondence in 1773; of the Committee of Safety 1775, anld of Congress 1774, and re-elected in 1775. Throughout the events producing the Revolution he was one of the leaders of the colony. He was author of " A Letter to the Clergy on the Two-penny Act" (176o), and " Ani Inquiry into the Rights of the British Coloniies " (1766). He married Ann, daughter of Peter Poythress. t t George Wythe, born 1726, in Elizabeth City county, died June 8, i8o6, in Richmond; was a member of the House of Burgesses for Williamsburg 1754-1755, for William and Mary College 1758-1761, and for Elizabeth City couinty 176 1-1768. He appears at the date last mentioned to have retired for some years from public life, and held no other office until elected to Congress. He was a member of that body in 1775 and 1776, and signed the Declaration of Independence. He was chancellor of the State of Virginia and first professor of law in William and Mary College.
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Feb. 7th and i6th, April 4th, and May Ist, 1765. To apprize See biographical sketch prefixed to B. B. Minor's edition of Wythe's Reports, and William and Mary Quarterly, II, 67-69. I t Lewis Burwell, of " Kingsmill, " James City couinty, member of the House of Burgesses for that county from 1758 to 1775, continuously. He married Frances, daughter of Edwin Thacker, of Middlesex county, and is said to have died in 1784. D Dudley Digges, of York county and Williamsburg, was born 1729, and died June 3, 1790. He was a member of the House of Burgesses for York county 1732-1774; of the Convention of 1775-1776; of the Committee of Correspondence and Safety and of the State Council I 776-1780, &c. He married, first, Martha Armistead; second, Elizabeth, daughter of Ralph Wormeley, of " Rosegill," Middlesex county. 0 Robert Carter, of "Nominy Hall," Westmoreland county, born 1728, died Mlarch 4, 18o4, in Baltimore, Md. He was appointed to the Council in 1758. It is believed that shortly before the Revolution he retired from public life and devoted his time to the management of his estate, and to books anid music. After the war he freed most of his slaves, several hundred in number, and removed to Baltimore. He married Frances, daughter of Hon. Benjamin Tasker of Maryland. In regard to him, see the " Diary of Philip Fithian " (Princeton Uniiersity Press), who was a tutor at Nominy Hall just before the Revolution. 0 0 Robert Carter Nicholas, born 1715, died 1780; was a member of the House of Burgesses 1764-1776, Treasurer 1766-1776, member of the Revolutionary Convention, of the House of Delegates 1777-1779; Appointed Judge of the Court of Chancery, and Judge of the Court of Appeals of Virginia. He married Anne, daughter of Col. Wilson Cary, of " Ceeley's " and " Richneck," and was the fatherof W'ilson Cary Nicholas, Governor of Virginia, anid U. S. Senator, and of George Nicholas, so distinguished in Kentucky. It has been deemed proper to give sketches of the ptublic services of the men who formed the Committee of Correspondence of 1764-'65, because their selection as members of that body by the Council and House of Burgesses, shows that they were considered as among the leading men of the two branches of the Assembly. They were, indeed, types of the men who were at the head of aflairs in Virginia just prior to the Revolutionary movement. They were men devoted alike to England and to the rights of the Colonies, and all of them of good character, liberal education, for the time, and of large estates. Blair was educated in Scotland ; the two Nelsons, it is believed, at WVilliam and Mary, as was Peter Randolph. Robinson was probably educated in England, and Peyton Randolpli studied at William and Mary and the Tem-
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him of a spurious Copy of the Resolves* of the last Sess. of Ass. on hearing of the Stamp act being dispersed abt & printed in the News Papers, & to send him a true copy of the Votes on that occasion properly authenticated, to prevent any ill Impress8 from the Spurious copies. To advise him of the Act for continuing him in office, & to thank him for his care & attento to the Intr of America notwithstanding the fatal stamp. Sept. I9. Letter read and signed by: J. Blair, W. Nelson, T. Nelson, Peyton Randolph, Peter Randolph, G. Wythe, R. C. Nicholas, L. Burwell, D. Diggs, Jun. Resolved, That the first adventurers and Settlers of this his Mlajesty's Colony and Dominion of Virginia, brought with them and transmitted to their posterity and other his Majesty's Subjects since inhabiting in this his Majesty's said Coloniy, all the Liberties, Privileges, Franchises and Immunities that have at any Time been held, enjoyed and possessed by the People of Great Britain.. Resolved, That by two Royal Charters granted by King James the first, the Colonists aforesaid are declared entitled to all Liberties, Privileges and Immunities of Denizens, and Natural Subjects to all Intents ple; Richard Bland, at William and Mary and Edinburgh; Wythe and Nicholas, at William and Mary, as, it is thought, were Burwell and Digges; while Carter was educated in England. William Nelson and Nicholas were noted for their devotion to the church. In character, education and manner of life, these typical Virginians of the first rank during this period, were as different as it was possible for men to be from the ignorant and debauched creatures which it has pleased various so-called historianns and biographers to picture as representatives of Virginia colonial character. After 1765 new men came forward, and most of the members of the Committee of Correspondence, who remained, became more radical in their views, and were foremost in the Revolutionary movement as they had been in the peaceful period preceding it. Peyton Randolph, Blatid, Wythe and Nicholas, will always hold a high place in our history, and Digges and Burwell, though in minor places, played their parts well. * See Note 3, at end.
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and Purposes as if they had been abiding anid born within the Realm of England. Resolved, That the Taxation of the People by themselves or by Persons chosen by themselves to represent them, who can only know what Taxes the people are able to bear, or the easiest Method of raising them, anld must themselves be affected by every Tax laid on the People, is the only Security against a burthensome Taxation, and the distinguishing characteristics of British Freedom, without which the ancient Constitution cannot exist. Resolved, That his Majesty's liege People of this his most antient and loyal Colony, have without Interruption enjoyed the inestimable Right of being governed by such Laws respecting their internal polity and Taxation, as are derived from their own Consent, with the approbation of their Sovereign or his Substitute, and that the same hath never been forfeited or yielded up, but hath been constanitly recogniized by the kings and people of Great Britain.
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==Article text, April 1903==

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PROCEEDINGS OF THE VIRGINIA COMMITTEE OF CORRESPONDENCE, 1759-'67. From the Originals in the Virginia State Archives. [At the February session, 1759, of the General Assembly of Virginia, Edward Montague, Esq., of the Middle Temple, was appointed the agent for the colony in England, and a committee, termed the Committee of Correspondence, composed of members of the Council and House of Burgesses, was appointed to transact all business with him. The agent was to support before the English government any laws passed in Virginia in regard to which there might be any question of approval, and was generally to represent the interests of the colony in England. Therefore, the correspondence between the committee and the agent must be of value as throwing light on the history of the period. Two letters from the committee, found amnong the Legislative papers, have been published in Vol. IX of this Magazine, pp. 353-360. See same Vol., pp. 355-359 and 364, for a note on the Committee of Correspondence and biographical sketches of its menmbers. Francis Fauquier became governor of Virginia on June 7, 1758, and held the office until his death, on March 3d, 1768.
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Sessions of Assembly were held in September and November, 1758; February and November, 1759; March, May and October, 1760, and March, 176I.] PROCEEDINGS OF THE COM. OF CORRESPONDENCE, MAY 2D, 1759. At a Meeting of the Committee for corresponding with the Agent appointed to sollicit the Affairs of this Colony in Great Britain, held at the Capitol in Williamsburg, May 2d, 1759. Present: The hon'ble William Nelson, Esq', Chairman, the hon'ble Thomas Nelson, Philip Grymes & Peter Randolph, Esq", John Robinson, Peyton Randolph, Robt. Carter Nicholas, and George Wythe, Esq". Resolved, That George Davenport be appointed Clerk of this Committee. Resolved, That a Letter be wrote to Edward Montague, Esq'. the Agent for this Colony, with a Copy of the Act of Assembly appointing him agent: And that a Copy of the Representation formerly sent by the Assembly to Mr. Secretary Pitt, be transmitted to him therewith. Resolved, That Application be made to the Governor for Copies of the several Letters wrote by Mr. Secretary Pitt, in Relation to the Application to be made to Parliament in behalf of this Colony, and that they be sent Home to the Agent to enable him to sollicit for the proportion of Money granted, and to be granted by Parliament, for reimbursing this Colony the Money they have expended. Resolved, That the Agent be instructed to use his Endeavours to get the King's Assent to an Act of Assembly past in the 22d Year of his Majesty's Reign intituled "An Act for settling the Titles and Bounds of Lands, and for preventing unlawful hunting and Ranging." And that the Clerk apply to Mr. Palmer for a Copy of the Reasons that were drawn up in order to be sent home, in Support of the said Act of Assembly. Resolved, That the Agent be instructed not to shew the Act of Assembly for appointing him Agent, before all the Acts passed the last Session of Assembly are transmitted by the Governor to the Board of Trade.
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And as there is some Reason for apprehending Attempts may made for repealing the said Act, that the Agent be directed to use his utmost Endeavours to prevent the same, and be made acquainted with the Reasons of an Agent being appointed by this Colony. Resolved, That the Agent be instructed to use his utmost Endeavours to prevent any additional Duty on Tobacco, and that he be furnished with Reasons for opposing the same. Resolved, That the Agent be instructed to get a Copy of the Account of Mr. Dinwiddie's Disposition of the ?20,000 granted by his Majesty, for the Use of this Colony, which he says he has passed with the Treasury, and that he procure, and send over, Copies of the Vouchers by which the same was passed. Resolved, That the hon'ble William Nelson and Thomas Nelson, Esq-, & John Robinson and Peyton Randolph, Esq", do prepare a Letter to be transmitted to the said Agent, in pursuance of the aforegoing Resolutions. A Copy. GEo. DAVENPORT, Clk. Com. PROCEEDINGS OF THE COM. OF CORRESPONDENCE NOV'R 7,. I759. At a Meeting of the Com. of Correspondence held at the Capital Nov" 7th. 1759. Present: The hon'ble William Nelson, Philip Grymes & Peter Randolph, Esqr6, John Robinson, Peyton Randolph, Charles Carter, Landon Carter & Richd Bland, Esq". It appearing to this Comittee that a Letter hath not yet been sent home to the Agent for this Colony, pursuant to the Resolutions of the former Committees, it is therefore Resolved, That a Letter be prepared to be sent Home to the said Agent. by Mr. Speaker, Mr. Attorney, Mr. Charles Carter, Mr Landon Carter and Mr. Bland, to he laid before this Comnittee at their next meeting. Resolved, That the Gent. appointed to prepare the said Letter be inistructed to inform the said Agent of the Reasons that prev'ailed with the Legislature of this Colony to pass the Act made in the thirty second Year of the Reign of his present Majesty, intituled An Act to enable the Inhabitants of this Colony to dis
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in Money for the ensuing Year. Resolved, That it be a Direction to the Gent. above appointed to prepare the said Letter to the Agent, to omit taking any Notice in the said Letter of the Directions of the former Committee, whereby the said Agent was required not to shew the Act 6f Assemibly of this Colony appointing him to his Office, before all the Acts passed at the last Session of Assembly should be transmitted by the Governor to the Board of Trade; And that they be discharged from furnishing the Agent with Instructions to prevent an additional Duty on Tobacco, as was directed by this Comittee at their fornmer Meeting, it appearing to this Comittee that such a Duty hath already taken place. Ordered, That the Committee be adjourned to Wednesday next at IO o'Clock. A Copy. G. DAVENPORT, Clk. Com. AT A COMMITTEE OF CORRESPONDENCE HELD AT THE CAPITOL NOV'R 14TH, 1759. Present: The hon'ble William Nelson, Thomas Nelson, Philip Grymes & Peter Randolph, Esq'8, John Robinson, Charles Carter, Richard Bland, Landon Carter, George Wythe & R. C. Nicholas, Es;qT'. Mr. Nelson infornmed the Committee that the Revd Mr. John Camm * Minister of the Parish of York hampton hath latelv commenced a Suit at Law against the Collectors of that Parish to recover his Salary in Tobacco, in Opposition to the Act of Ass: made in the xxxiii Year of his Majesty's Reign intituile(i An Act to enable the Inhabitants of this Colony to discharge their public Dues, Officer's Fees & other Tobo Debts in Money for the ensuing Year. He therefore desired the Opinion of the Coni. whether this Matter is not of so public a Nature (whereini the Power of the Legislature of this Colony in making temporary Laws for the public Weal will be called in Question) as to nmerit their particular Attention, and if need be, their Aid & Assistance in contribuLting to the Expences that may accrue in *See note at enid of article.
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defending the said Suit either here [or] in Great Britain, as such Expenses may be to heavy to be borne by that Parish. After Consideration whereof, it. is the Opinion of this Committee, and accordingly Resolved, That this Matter be proposed to the Consideration of the House of Burtgesses, and their Opinion desired there- UPOII. The Commnittee appointed to prepare the Letter to the Agent in pursuance of the Resolutions of the Com. at their last Meeting not having compleated the samie Ordd, That the Com. be adjd to Saturday morning next. SATURDAY NOV'R 17, 1759. Present: The hon'ble W. Nelsoni Thomr Nelson & Ph. Grymnes, Esq"r, Jno. Robinson, Ch' Carter, Rd Bland & R. C. Nicholas, Esq . The Letter to the Agent not being yet finished pursuant to the former Resolute Ordd, That. ye Com. be adjd to Monday morning next. AT A COM. HELD AT THE CAPITOL ON MONDAY I9 NOV'R, 1759. Present: The hon'ble W. Nelson, T. Nelson, P. Grymes & Peter Randolph, Esqr, John Robinson, Rich' Bland, G. Wythe & R. C. Nicholas, Esq"'. The Comn. appointed this day preseinted a Letter they had prepared with Instructions to the Agent agreeable to their foriner ResoluLtions, to which sev' Amendments being proposed & agreed to, Mr. Speaker was desired to reduce the same into form. Ordd, That ye Corn. be adjd till Tomorrow. NoV'R 20TH. Present: As before. Mr. Speaker informing the Com. that he had not suff' time since yesterday to draw up the amendnments proposed to the Letter to the Agent, Ordd, That ye Com. be adjd.till Tomorrow.
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LETTER TQ THE AGENT, DEC., 1759. Williamsburg, Dec" I 2th, 1759. Sir,-The General Assembly of Virginia has by an Act passed the 14th of April, 1759, intituled "An Act for appointing an Agent " a Copy of which is herewith inclosed, been pleased to appoint you the Agent of this Colony, & directed their Treasurer to pay you yearly the Sum of ?50o sterling, in full for your Expenses & Trouble in the Execution of your Duty. The Appointment of such an Officer to represent the Grievances of the People, to justify their Conduct to their Sovereign. to obtain his Approbation & Assent to such Laws as their Rep. resentatives shall think necessary for their Welfare and good Government, to implore his Assistance in the time of Danger and Calanmity, and to protect and explain their Rights & Interest ill Parliament, seem to be the natural Privilege of all Colonies, so far remov'd from their King and Mother Country. Yet the People of this Colony have had the Misfortune allways to be disappointed in . their Endeavours to attain this Right, tho universally claim'd, and enjoy'd by all his Majesty's other Colonies anid have been obliged to depend for these great and important Services on an Agent appointed by the Governor and Council, who for want of the Weight which a national Establishment would have given hinm, the Authority which must necessarily be derived from every Power of the Legislature, the Instructions when and for what Reasons he should interpose, must have beeni very deficient in his Duty, when considered as regarding the whole. Besides sonletimes diflerent Initerests arise ailmongst the different Branches of the Legislature, different Instructions then become necessary; an Agent so appointed is obliged to obey those by whom he is appointed, and by the plainest Consequence in Affairs of the greatest Moment, the Body of the people nmay be left without the Shadow of a Representative. It is to our not having a Representative properly appointed and instructed, that we in a great Measure attribute the passing an Act of Parliament for laying a Duty on our Tobacco, the Staple of this Colony (in the present State of the Tobacco Tr-de, a great Grievance to the people), and the Repeal of several
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Laws, thought to be very saltitary. But these are Misfortunes which can now perhaps be only lamented and not redressed. We being by the same Act apppointed a Committee to correspond with the Agent, must now desire you to take this Office upon you, and that you will take Care allways to he ready to prevent the Repeal of Laws passed by the Legislature, the Reasonis for which, will be from time to time transmitted to you by us; to support any Representations which it may be necessary to make, and for that Purpose will not fail to attend them thro' the several Boards to which they may be referred; To give early Intelligence of anything that may be moved in Parliament, or the Department for American Affairs to this Committee; And in all things relative to this Colony, to use your best Endeavours, according to your Discretion, to protect her Rights and secure her Interest. We must desire you immediately to join in any Solicitations which may be made, for a Grant of a Sum of Money, to reimburse the Colonies, in some measure, for the great Expence they have been at during this War, agreeable to the Promise made by Mr. Secretary Pitt, in his Letters of the gth & 29th of Decenmber, 1758, to the Governor, and by him laid before the Assemiibly, Copies whereof are inclosed. And if any such Grant shall be made, to endeavour to get as large a proportion of the same as the persons appointed to distribute it shall think we deserve; And that you may be able to shew what our Expence has been, we have minuted down the several Sums that have been raised in this Colony, and the Purposes for whlich they were raised in a particular Account * thereof herewith sent, and to which we refer you. Also that youi use your best Endeavours to get the Kinig's Assent to an Act of Assembly passed in the 22d Year of his present Majesty's Reign, intitd "An Act for settling the Titles and Bounds of Lands and for preventing unlawful Hunting and Ranging," which having a suspending Clause, cannot take Effect till this is done. This Act was passed upon the Revisal of all the other Laws of this Colony, and the chief Intention of it was to reduce the sev- * Not found.
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eral Acts relating to the Conveyance, taking up, settling, savinig & cultivating of Lands, into one Act; and also an Act prescribing the method of docking the Intails of Land of no greater Value than /200 sterling, by a Writ, called a Writ of Ad quod Damniuni. To most of the other Acts passed at the same timiie his Majesty was pleased to give his Assent. But this Act was laid by, as we imagine, to be considered, whether his Majesty's Right of granting Land was affected thereby. And as it will appear by the several Amiiendments hereafter mentioned, that nothing of that Sort was intended, or affected by them, we conclude that it is enitirely owing to a want of a proper Application, that his Majesty's Assenit has not, lonig since, been obtained thereto. The several Acts it takes in are as follow: An Act for settling the Titles and Bounds of Land, and for preventing unlawful Shooting & Ranginig thereon. 9 Anne, Cap. 13. An Act to prevent Lanid lapsing from an Infant for not seatinig and planting, or not paying Quit Rents, until three Years after they come of Age. r I Anne, Cap. 4. An Act declarinig what shall be accounited a sufficient Seating, cultivatinig & improving of Lands, already granted, or hereafter to be taken up and patented. 12 Anne, Cap. 13. An Act explaining & further declaring what shall be accounted a sufficient Seating & Improvemenit of to save Lands from lapsing, and for the better Recovery of Lanids lapsed from Persons living out of the Country. 7 Geo. i, Cap. 3. An Act for amending the Act intituled An Act for settling the Titles and Bounds of Lands, and for preventing unlawful Shooting and Ranging thereupon. 8 Geo. 2, Cap. 6. An Act for the better Preservation of the Breed of Deer, & preventing unlawful Hunting. 12 Geo. 2, Cap. 14. An Act for amending the Act intituled An Act for settling the Titles and Bounds of Lands and for preventing unlawfuil Shooting and Ranging thereupon. i8 Geo. 2, Cap. I4. By perusing these Acts, you will find that no Alterations are made by this Act, except in a few Instances. In the Act of the 8 Geo. 2, Cap. 6, which is the Act that
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directs the Method of docking Intails of Land of no greater Value than ?J200 Sterling, these are the Alterations made. i. It directs that the Surveyor of the County where the Land lies, shall survey the Land, in Order to satisfy the Jury, who are sworn pursuant to the Directions of the Writ of Ad quod Damnum, what Land precisely thev are to value. 2. It directs that the Heir shall be summoned, to give him an Oportunity of detecting any Fraud that may be committed on the Execution of this Writ. 3. It confirms the Title of those who had proved their Deeds in the County Court. By the Act of the 8th Geo. 2, Cap 6, the Deeds of Conveyance for the intailed Lands docked under said Act were ordered to be recorded in the General Court. But the Lawyers here were of Opinion, as other Acts gave the County Courts full Jurisdiction to receive the Proof or Acknowledgement of Deeds of Land within their County, that the Purchasers of these intailed Lands might safely prove theit Deeds in those Courts. The Assembly finding that this might occasion many Law-suits, and might possibly defeat the Titles of many fair Purchasers, thought it was agreeable to Justice and Equity to confirm such Titles. This Act of the 8th Geo. 2, was the only Act that had received his Majesty's Assent, anid was the Reason for adding the suspending Clause. The only Alterations made in. any of the other Acts, are in the Act of the 7th Geo. Ist, Chap. 3, by reducing the sum for saving Fifty Acres from Ten pounds to Five, and by limitting the time for bringing Petitions to ten Years, which was not mentioned in either of the above Acts. By our Instruction sent to the Governor of this Colony, the Assembly finds that the Merchants of Great Britain are still dissatisfied with the making Treasury Notes (issued pursuant to the several Acts of Assembly for the Defence of the Colony), a proper Tender for Sterling Debts. Before the Year I748, there was no Law subsisting to direct at what rate of Exchange sterling Debts should be paid. The Consequence of this was that the Sherifs when they levied Money by Execution on Sterling Judgments demanded of the Debtors
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what Exchange they thought proper, to the great Oppression of the people, and without any Advantage to the Person who had ob)tained the Judgm'. The Assembly thought it very proper to put a Stop to such unjust Proceedings, and passed an Act in the Year 1748, 22d Geo. 2, Cap. 12, intituled "An Act declaring the Law concerning Executions and for Relief of insolvent Debtors," by which they directed that all Executions for Sterling Money should be levied at twenty five per Cent., the real Difference of Money, and no more than the Difference of Exchange at the time the Act passed. The Merchants of Great Britain complaining of this Act, and representing that they should be considerable Losers when Exchange should rise above twenty five per Cent., the Assembly took the same into their Consideration, and endeavoured to provide a Remedy which might prevenit any further Murmurs. They considered that as Exchange is a fluctuating thing they could not do Justice to sterling Creditors by fixing the Exchange at any certain Standard. They therefore passed an Act to impower the Courts where JuLdgmnents should be obtained for sterling Money, to settle at the Foot of the Judgment, at wvhat Rate of Exchange the same should be discharged; This will enable the English Merchants to bring their Money Home, without any Loss, let the Exchange rise to what it will, unless the Courts should be guilty of flagrant Injustice by settling the Exchange lower than Bills of Exchange can be purchased for, as it is notoiious they lhave always fixed it at the very highest Rate. One Reason for issuing Treasury Notes was, hecause all the Gold and Silver of the Country had been drawn away by the Armies to the Northward, and it would have been the greatest Grievance that ever People underwent, to make themn receive this Sort of Money for Debts due to them, and not allow them to discharge the Debts due from them in the same, when it was impossible to exchange it for any other; And this as appears from what has been said above is as good as any other to the Merchants in Great Britain. They were under a Necessity of making these Notes or Bills of Exchange a proper Tender for Sterling Debts, and there can be no Doubt that the English Merchants would chuse the former.
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You will, we hope, endeavour to prevent any ill Consequences from these Complaints, and that you may be prepared for that Purpose, we must refer you to the Representation of the Burgesses of Virginia to his Majesty, a Copy whereof is inclosed, anid also to a Paper containing fiurther Reasons on this Subject. You are desired to get a Copy of the Account of Mr. Dinwiddie's Disposition of the /20.000 granted by his Majesty for the use of thic Colony, passed with the Treasury, and to send the same to this Committee with Copies of the Vouchers by which the same was passed. We must refer you to the Representation above-mentioned on this Poinit, by which you will easily discover our Reasons for this Request. Be pleased to take Notice, that this Representation is not to be presented to his Majesty, as it has already been delivered to Mr. Secretary Pitt, and is only intended to instruct yotu in the several Matters now reconmnmended to you. *As we have not seen a certain Remonstrance drawn up by soine Clergymen of this Colony, supported as it is said by the ILord Bishop of London, & presented to the Board of Trade, against an Act of Assembly passed here, intituled " An Act to enable the Inhabitants of this Colony to discharge their public Dues, Officers Fees, and other Tobacco Debts in Money for the ensuing Year," and are unacquainted with any Reports or Determininations that have been made on that, or any other Act of' Assem)bly complained of in that Remonstrance, we cannot give you our Opinion and Instructions so fully on this Head, as we should otherwise chuse. But we persuade ourselves that by stating to you the Reasons that governed in the passing of that Act, you will be sufficiently enabled to remoive the Imputations of Arbytraryness and Disloyalty, which from comon Rumour we collect, have been aimed at in that Remonstrance, to the great Abuse of the Legislature, and Injury of the Country, if it has been in any manner countenanced, as it will be establishing a Precedent for Mal-Contents of every Kind (with which no doubt all Communities abound) to endeavour to weaken one of the principal Instruments of the Civil Power, by private Misrepreseitations of things. * See note at end of artic
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By the Constitutioii which we have hitherto enjoyed, every Act that receives the Consent of the Governor, Council and Burgesses of the (Colony obtains the Force of a Law aimiongst us, until his Majesty shall thinik proper by Proclamation to declare his Disapprobation. And if there are any Acts enideavoured at that iinterfere wich any general or particular Instructioi to the Governior, sLICh (if by a Change of Circumiistanices whiclh are ever fluctuatinig) they are thought benieficial to the Comnmunity, are always eniacted without any Force or Effect as a Law, until his Majesty's Pleasure shall be known, bv a suspendiing Clause in the Act. Further, if his Majesty shall at any timiie think proper to give his Assent to any subsisting Act of Assembly, stuch Act theni obtainis such a Degree of Firminess in the Constitution, as it caninot be altered by anly subsequent Act witlhout tthe concurring Conisent of all the several Branches that conIstituted it. And these Rules of Proceeding have been sacredly observed by the Legislature of this Colony, thro' a dutiful Regard as well to the Royal Autlhority, as to the Preservation of the Constitution. Tobacco is the Staple, and indeed only Coimmodity in the Coutitry, fromii whenlce any tollerable Profit canl arise. To this 'tis to be presumed it is owing, that nmost of our Taxes and Salaries, &c., of a public Nature were made leviable in Tobacco 'till the present War, in which as the immediate Wantof Money made the Emiiission of a paper Currency unavoidable, the Taxes were necessarily laid in Money. that so nmuch of such emitted Paper should aninually be sunk, by repayinlg it into the Treasury fromli whence it was made issuable. The several fees therefore due to the Clerks of the Courts of Justice, and other Officers in this Colony have been fronm long Conitinuance paid in Tobacco. It nmust be observed, that when the Salaries of the Clergy wer-e first settled at I6,ooo lbs. of Tobacco that Commodity was rated at ios. sterling '# hundred, which made their Provision Eighty Pounds sterling per Annunm. In the Year 1748, when the Laws of the Country were revised, the Act which established the Salaries of the Clergy was re-enacted with such Amiendments in their favour, that remioved all Doubts as to their temporal Rights for Want of Iniductioni and indeed greatly added to the Value
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of their Salaries. For as Tobacco was at that time under a public Inspection, and the price of it raised at Market as the necessary Consequence of burning that which was bad, the Assembly gave the Clergy in that Act a further Levy on their Parishioners of four Pounds in the hundred, to answer the Deductions then thought necessary to be made, between the paying into the Warehouses, and receiving the same out again, which you will find called in the Act Shrinkage, an Article paid by all other Claimers whatsoever from the public, which Act amonigst many others received the Royal Assent, without any particular Application from this Colony. This Act, tho' made so much in Favour of the Clergy it seenms has been by them construed into a disloyal Attack on his Majesty's Prerogative, and the Bishop of London, we are informed, has in a Letter to the Lords of Trade, been pleased to represent it as taking a large Stride that Way, because as he says, the Right of Presentation is by the Act taken from his Majesty, and declared to be in the Vestries, tho' it is certain the Vestries always before the passing of that Act enjoyed that Right, and the Design of the Act plainly appears to be, only to extend the time of Presentation from Six Months, as it is in England, to twelve, and the lengthening the time must appear to be extreemly reasonable, when it is considered that from the Scarcity of Clergymen in this Colony, the Parishes generally remain vacant 'til a Minister can be procured fronm England. The Crop of Tobacco in 1758 was so universally short that Petitions from all Parts of the Country were presented to the Assembly, to desire Relief against the possible Exactions of Creditors both public and private. As this was an Evil justly to be dreaded, the Legislature with every prudent Precaution, made all Debts, Fees, Salaries, &C., payable in Tobacco, at the Option of the Debtor, after the Rate of two pence per pound for transfer Tobacco, provided the same were paid within a certain limitted Time, governed by the most early Expectations of the new Crop. And as the time setiled by Law for the payment of the Clergymen's Salaries was so near at Hand, presuning it consistent with the Principles of commion Justice, that every Individual of the Comnmuniity considered as a Creditor, whose Debts must really have arisen from
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the Expectations of common Crops, ought to Restriction, they made no Exceptioni as to the Act in 1748. This, we are informed, has been represented by the Clergy to the Lords of Trade, as a Deviation from the before mentioned Rule of the Constitution and derogatory to the Royal Authority, tho' we can conceive, that on a fair and thorough Examination of the matter, the contrary will appear, and in the unhappy Circumstances the Country was in at that time, be looked upon rather as an Aid to, than a Deviation from that Act. And we have the greatest Reason to be confirined in that Opinion, as several Acts have heretofore been passed for the same purpose, which have from time to time been regularly transinitted to the Lords of Trade, and by them referred to their Solicitor, which certainly would [not?] have been done, had they appeared to their Lordships in the Light they are now represented. The first of these Acts was passed in the 27th Year of his Majesty's Reign, Chap. 8. intituled "An Act for paying the Minister in the Parish of Frederick in the County of Frederick, and of Augusta in the County of Augusta, and of Hampshire in the County of Hamlipsh' One hundred Pounds annually, instead of the Salaries now allowed" Another passed in the sanme Year Chap. Xo. intit" "An Act for allowing the Inhabitants of the Counties of Halifax, Hampshire and Bedford to discharge their public Dues and Officer's Fees in Money instead of Tobacco." And another passed in the 28th Year of his Majesty's Reign, Chap. I7 (I755) intituled "An Act for enabling the Inhabitants of the Counties of Princess Anne and Norfolk to pay their public Dues in noney." These Acts. tho' apparently passed in Favour of the Ministers of the several Parishes, and at the Prayer of some of thenm, have been lately represented by some of the Clergy to their Lordships. in the same unfavourable Light as the Act in 1748, and the Repeal of themii been obtained by their Solicitations, tho' the Ministers for whose Beniefit they were nmade, will be great Sufferers by such Repeal. Another Act also passed in the 29th year of his Majesty's Reign (I755 Chap. 7) intituled "An Act to enable the Inhabitants of this Colony to discharge their Tobacco Debts in Money
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for this present Year," by which the same Provision was made for paying the public Tobacco Creditors in Money, as in the aforementioned Act in I758 now complained of. The Clergy it seems alledge that the Act in 1758 was made only to serve the Rich, and have couloured over their uncharitable Clamour by saying that the Poor would have been more effectually relieved without the Law, because, that as Clergymen, had they been permitted to receive from the Rich the real Value of their Tobacco, they would have been able to have taken much less than two pence per pounnd from the poor; But as essential as Truth may be to their Order, they have in such an Assertion suffered themselves to forget it. The General Assembly was composed of many public Officers. some Claimers from the public, and many Landlords, whose Fees, Claims and Rents were payable in Tobacco, and many of them of greater Amount than the Salary of a Clergyman. How then can this their Argument be reconciled to Truth? Could not each of these rich Men, as they call them, have demanded of their Debtors in the same exorbitant Proportion, as the Clergy should of them, and had they even consulted their own Interest in the Affair, would not the Ballance,-had there been no regulating Law at all-have been greatly in their favour ? And as all other public Officers, Claimers from the public & Landlords (tho' not of the General Assembly) to say nothing of private Creditors who must generally have contracted their Accounts or Bargains under the Probability of usual Crops) must have had a right to partake in this grand Scheme of Extortion, can it be doubted that the poor alone was the Object of the Legislature's Concern ? But to go a little further with this Argument of theirs: Suppose the Clergy alone on Account of the Royal Assent's being obtained to the Act in 1748, had been exempted, and there was indisputably such a general Piety of Disposition amongst tbem, how could this Charity have been extended ? That Act, at the same time it gives their Salaries, directs the method of levying, collecting, &c., of the same, and to have altered it in one Instance must certainly have been as criminal as in another. In this Case, they could only have contracted with their Collectors at a price for their whole Salaries, and it
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would but in most Cases have removed the Method of Exaction from the Clergy to the Collectors: For it must be observed, that tho' the whole Crop of Tobacco made in the Year 1758, was more than sufficient to pay the Ministers' Salaries and other Parish Creditors, who have the same Right with the Clergy under the Law in I748, yet there were Multitudes who did not make enough to answer that Purpose, and those who did make it, could not be compelled to sell to those who had none, the Consequence of which (if no Provision had been made) must have been, that the Collectors would have made Distress upon the poor unhappy Sufferers, and as their Goods & Effects could not be sold for anything but Tobacco, and as there were so few that had any of that Commodity to purchase with, the Goods and Effects must have been either sold at a very low Rate, or remain in the Hands of the Collectors for want of Purchasers, whereby the Poor would have been great Sufferers, and the Clergy not in the least benefited by it. The whole of this therefore is but a thin Varnish, and leaves too much Room to suspect, from the very nature of murmuring in such Cases, that they themselves rather wanted an Oportunity of feasting as largely as they could on all, both rich and poor. These are the Arguments that may be justly brought to vindicate the Legislature, and confute the Complainants; and as it is impossible but they must have known that things would appear in this Light, when impartially examined into, we cannot but think that the Act complained of, is but the studied Occasion of Contention to effect some other Purpose, still latent. We know not how far the Affair may have been carried, or whether the Matter can again be laid before the Lords of Trade or any other Board for a Rehearing, but we hope at least, you may have an Oportunity of removing any injurious Censure that may have been passed, and put a Stop to all future Representations till the Country can be heard on the several Matters of Complaint; And we doubt not but they will appear to be fully justified in their Proceedings both to their King and Country. As the Country looks upon it as their Duty (since the Act of Assembly complained of by the Clergy hath had its Effect) to support the Execution of it, by protecting the Parishes in the Suits that may be brought against them on the Act in 1748, We
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further direct you to employ proper Persons to defend the Vestries or Collectors against any Proceedings that may be carded to England, in a Suit that is just brouight by one Mr. Camm, the Minister of York-hampton Parish in the County of York, and the Expences attending the same will be remitted to you on the first Notice. We have nothing further to add, but to desire of you if it should not be agreeable to you to engage in this Business as Agent, that you will be so kind as to officiate in Behalf of this Country, 'till we can have Notice of your Refusal to appoint some other Gentleman, and in particular to watch and oppose every Attempt that shall be endeavoured at to repeal this Act for appointing an Agent, as we have Reason to ex.pect some Efforts will be made that Way. You are desired to give the earliest Intelligence of any thing that may come to your Knowledge, relative to, or in any manner affecting the Interest of this Colony, and of all your Proceedings in the Execution of the Trust reposed in you, to this Committee, in order to which it is recommended to you to send your Dispatches by the Packet to New York, from whence they may be safely conveyed hither by the Post, if no better Oportunity should offer; And you are further desired to inclose your Dispatches to the Hon'ble William Nelson, Esq', at York Town in Virginia, by whom they will be communicated to this Committee. Weare Sir, Your nmost humble Servants, Wm. Nelson, Thos. Nelson, Philip Grymes, Richard Bland, Ben. Waller, Ro. C. Nicholas, (TO BE CONTINUED) NOTE. Mr. Camm's suit was caused by the passage of the famous "Two Penny Act," which for a number of years produced so much agitation in Virginia.
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The General Assembly at the September session, 1755, induced by the failure of the tobacco crop, and the needs of the colony, arising from the French and Indian War, passed an act authorizing all debts due in tobacco to be paid either in that commodity, or in money at the rate of eighteen shillings and eight pence per hundred pounds. Though some complainits were made there was no legal opposition to this law. Again, in September, I758, for the same reasons, the law was re-enacted, with a provision that it was to be in force for one year. The act provided that it should be " lawful for any person or persons, from whom any tobacco is due by judgement, for rent, by bond, or upon any contract, or for public, county or parish levies, or for any secretarys', clerks', sheriffs', surveyors' or other officers' fees, or by any other ways or means whatsoever, to pay and satisfy the same in tobacco * * * or in money, at the rate of sixteen shillings and eight pence for every hundred pounds of nett tobacco." (Heninig 7, 240.) As the rate fixedl was two pence per pound, the law became known as " The Two Penny Act." The law was general in its provisions; but resistance and objection came only from the parish ministers. Since as early as I696 the salaries of the clergy had been sixteen thousand pounds of tobacco a year, and this amount had been confirmed in 1748 by an act, which had received the King's assent. Two pence per pound was the normal price of tobacco, but in 1755 and 1758 the crops were very sinall and the price went tul) to six pence. The clergy then demanded that they should have the advantage of the rise in the market. Under the royal instructions no law which had received the King's approbation could be repealed by a colonial assembly unless the repealing law contained a clause suspending its action until the King's pleasure should be known. As such a suspension would have nullified the purpose of the act of 1758, the Virginia Assembly omitted the suspending clause. It was claimed by the clergy that the latter act repealed that of I748, and that the violation of the royal instructions in omitting the suspendinig clause rendered the act of I758 null and void. A heated controversy soon began, the leader on the part of the clergy being Rev. John Camm, minister of York-Hampton
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parish, who was answered by Richard Bland and Landon Carter in behalf of the Assembly. Rev. Andrew Burnaby, an English clergyman, who was in Virginia at the time, while disapproving the conduct of the Assembly, condemned the violence of most of the clergy, and their disrespectful treatment of the Governor, and of their Commissary, Rev. William Robinson, who had urged them to moderate measures. A convention of the clergy was held and Mr. Camm was sent to England as their representative. On August IO, 1759, he obtained an order of the Privy Council declaring the act of 1758 illegal and was told that this order would make the act v'id ab initio. He thereupon returned to Virginia and brought suit in York County Court to recover the full market value of his salary. Losing his case in the County Court he appealed to the General Court, where he met the same fate, the latter court holding that the act of 1758 was in force until the date of the King's veto. The persistent clergyman then appealed to the Privy Council in England, but when his case was heard in 1767, it was dismissed on some technicality. It was a common belief at the time that this was a mere pretext, and that the English government was unwilling, so soon after the repeal of the Stamp Act, to give any Colony further cause for irritation. While Mr. Camm's case was pending various other minister's sued their vestries with small results. The most celebrated of these was the " Parsons' Cause " in Hanover county in December, 1762, when Patrick Henry, as counsel for the defendants, first sprung into public note by the eloquence and boldness with which he stated the rights of the people. The long agitation over the " Two-Penny Act," thus ended practically in the entire defeat of the claims of the clergy. It was of more momentous importance than this, for Mr. Henry (Life of Patrick Henry, I, 46) has well summed up the results when he states that not only did the clergy find that " they had greatly weakened their hold upon the public, and had given a fresh impulse to the spirit of dissent already grown strong in the colony; " but also that " the struggle greatly strained the bond between the King and the colonists, and was the prelude to the combat that snapped that bond asunder." For details of these acts and the connected events, see Henry's
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Life of Patrick Henry, I, 28-48; Campbell's History of Virginia, 507-5I8; Cobb's Rise of Religious Liberty in America, io8-iit; Meade's Old Churches andFamilies of Virginia, I, 2i6-225, and (especially for documents showing the clergy's side of the case) Perry's Papers Relating to the History of the Church in Virginia, 434-448, 458-501, 506-5i9. Rev. John Camm was son of Thomas Cariom, of Hornsea, Yorkshire, England. Born in 17I8, he took his B. A. degree at Trinity College, Cambridge, in 1741-42, and came to Virginia in or before I745, when he was minister of Newport Parish, Isle of Wight county. In 1749 he was appoined professor of divinity in William and Mary College, and was its President from I771 to 1777, when he was removed by the Board of Visitors on account of his sympathy with England. He died in 1779, and has many descendants. For account of John Camm and his family see William and Mary Quarterly, IV, 6I-62, 275-278.
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==Article text, July 1903==
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PROCEEDINGS OF THE VIRGINIA COMMITTEE OF CORRESPONDENCE, I759-'67. From the Originals in the Virginia State Archives. (CONTINUED) [DEFENCE OF THE VIRGINIA PAPER CURRENCY.] [Endorsement.] Instructions to the Agent in Defence of the paper Currency * of Virginia, referred to by the Letter from the Com'ee of Cor- respondence of the I2th Decr, 1759. *There is a discussion of the paper money of the Colony of Virginia in Ripley's Finantcial History of Virginzia, pages 153-i62. The author, in conclusion, says that the record of Virginia's first experience with paper money " was on the whole a creditable one." * * * " But we must remember the distress of the times, and the heroic exertions of the colony during the [French and Indian] war. In view of these facts, the moderation and foresight of her statesmen is in marked contrast with the reckliess financiering of some of the other colonies both north and south. " Richard Bland, in a letter written in I771 (and printed in this Magazine,. VI, 127-134), says that the English merchants, at first bitterly op- posed the issue, but that at the time he was writing they were the warm- est solicitors of the Assembly for that very species of money. He also states that of ?75o,ooo treasury notes which were issued during the war,, it was probable that only the amount of ,?6o,ooo was outstanding.
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We are informed that the Merchants of Great Britain are much alarmed at our Assembly's passing some Acts for emitting large Quantities of Paper Money, which is made a legal Tender for alL Debts (the King's Quit-rents excepted) and they are very appre- hensive that they may be great Sufferers thereby, in collecting their Debts due here. These Apprehensions of the Merchants proceed from a mis- taken Notion of our having a Law in force for paying off sterl- ing Debts in Current Money at 25 # Cent Exchanige. No Loss can arise to the Merch"' from making this paper Money a legal Tender for Sterling Debts as the Law now stands, and they are in a much better Condition & less liable to Losses in collecting their Debts, than if nothing but sterling or lawful Money of Great Britain were held a Tender for such Debts, as by the Act of the 6th of Queen Anne, which they so much rely on to be a good precedent in such Case. If this can be shewn, it is to be hoped the Gent in the Trade will be satisfied that there is no Necessity to sollicit their Menmo- rial so far as to procure an Instruction about this Matter. True it is, that before this War, and when Exche was rarely above 25 e Cent, we had a Law to settle the payment of Judg- ments for Sterling Debts at that Rate, and it was passed to pre- vent Disputes about the Exchange, and as a Direction to the Sherifs in levying Executions on these Judgments. There was likewise a further View; to prevent Creditors from taking an un- reasonable Advantage of the Necessity of the Debtor for his forbearing to execute the Judgenient perhaps io or I5 et Cent above the then Current Exchange which, as it was a kind of Traffick about Bills of Exche did not come under the penalties of our Laws against Usury or at least was hard to be come at, & pun- ished by them. But when at the breaking out of the present War, Exche began to rise, or rather it was forseen that it would do so, and it was found that Injustice would be done to many, especially the Merchants in Great Britain, if that Law remained in force, it was repealed by an Act of the 28th Geo. 2d, intituleci "An Act*to amend an Act intituled An Act declaring the Law concerning Executions, & for the Relief of insolvent Debtors *Hening, VI, 478.
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and for other purposes therein Mentioned." The preamble of which shews its Intention to take care of the Merchants Interest, and the principal enacting Clause is " That in any Action which hath been or shall be commenced, and is or shall be depending for the Recovery of any sterling money, in any Court of Record within this Dominion, wherein the plaintif or plts. shall recover, sdch Court shall have power, and are hereby directed by Rule to be entered at the foot of their Judgment in such Action, to order such Judgment to be discharged or levied in Current Money, at such a Difference of Exchange as they shall think just, any Law usuage or Custom to the contrary thereof in any wise not- withstanding." And what rate of Exche can a Court under the Direction of this Act think just, but that which is current at the time of entering the Judgment, or such a one, that the Merchant may have his whole Debt remitted to him, without those Losses they so much apprehend? If our notable Agent * at the other End of the town had known and stated these things to the Merchants, they would hardly have thought it necessary to present any Memorial about it. And this it was his Duty to have known and done, as he nas an Allowance of ?200 # Annum to negotiate the Affairs of the Country; And these Acts above mentioned are regularly trans- mitted, as he knows, to the Board of Trade, and were remaining in that Office at the very time the Memorial was presented. But it may be thought that the greatest Difficulty is yet to come, Vizt. to obviate the heavy Complaint-and that which seems to carry weight at first View, that the Assembly have passed a a Law, ex post Facto, to declare paper Bills of Credit a good Tender even for sterling Debts contracted before the passing such Law, whereas the Merchants think that nothing less than sterl- ing or lawful money of Great Britain, should be allowed to be a good Tender, agreeable to the Act t of the 6th of Queen Ann especially for such precontracted Debts. This is to be done, and ? James Abercromby, agent for Virginia from January, 1753, to January, 1758, and for the Governor and Council only until 1773. See note Din- widdie Papers, I, 37-38. tThis probably refers to the act of gth Anne, October, 1710, Iening, III, 502.
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at the same time, it is to be shewn, that the Merchants are in a better Condition, and less liable to Losses in receiving their sterl- ing Debts under our Laws, than they would be, if nothinig but sterling or lawful Money of Great Britain were held a Tenider. For this purpose let us suppose that a Merch't in London ob- tains a Judgment here for fioo sterling, the Debtor is obliged by the 6th of Queen Ann, and therefore procures /ioo sterling or lawful Money of Great Britaini, & pays this Debt; Now this Sum being only of equal Value to /125 Curr't Money; and Exch'e beinig now at 35 e C't (and in War ti'me it is rarely lower), the Agent here must in that Case give /ro Curr't Money nmore to purchase a Bill of Exchange to remit this Debt to his principal, which /io is so much real Loss to the Mer- chant; whereas by the Provision of our Law, no such Loss is incurred, but the Creditor hath his whole /I35 decreed to him, with which a Bill is bought and the full Debt remitted. Thus it is hoped the proposition is proved, and that our Leg- islature have conceived just Apprehensions of the Interest of the Merchants, and all other Creditors for Sterling Debts, and have made a proper provision for their Security. But to set this Matter still in a stronger Light: The Merchants in their Memorial quote the provisions in the Act of the 6th of Queen Anne, that even foreign Gold and Silver Coin, nmade current by that Act, was not to be held a legal Tender for ster- ling Debts, nmuch less ought paper Bills of Credit, which are, they say, of a local, uncertain and fluctuating Value. But give us leave to tell them, that if they had no better Dependance than that Act affords for collecting their sterling Debts, they might be great Sufferers indeed; For tho' that Act, when it was made, and for maniy years after was a good provision for them in that Respect (nothing but sterling or lawful British Money being a legal Tender for sterling Debts) inasmuch as the Ex- change then current here was under the Rate settled by that Act, vizt 25 # Cent, or one shilling passed for I s. 3d, but since Exchange hath been higher than that, which is always the case in time of War, a Tenider exactly agreeable to that Act, would occasion a Loss to the Merchants of so much as 25 If cent falls short of the highest Exchange, viz' IO, I5 or perhaps 20 7 cent.
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Let it be observed, that however contemptibly the Merchants look upon this paper Money, as of a local, uncertain and fluc- tuating Value, yet it is enmitted on such Funds that every one is glad to receive it in any kind of payment, and Exchange is now 1o F Cent lower than it was last War, when we had nothing current but gold and silver Coin, a Circumstance very favourable to the Credit of our paper. And altho' the King's Quit rents as the Merchants rightly observe, are not payable in paper, by that Act, that was done, because his Majesty had by Instruction to the Governor and Officers of his Revenue, directed them to be received only in Sterling, or Gold and Silver Coin at a cer- taini Rate, which Instruction, the Governor durst not contravene by including them in the Act, yet the Receiver General never -refuses paper Money for the Quit rents, because he can readily procure Bills of Exchange for it. [SECRETARY PITT'S LETTER TO THE GOVERNOR OF VIRGINIA.] [Endorsement. ] Copy. Mr. Secretary Pitt's * Letter to the Lieutt Gov" of Virginia of 9 Dec", 1758, referred to by the Come of Correspond- ence in their Letter to the Agent of the 12 Decr, '759. White Hall, gth Decr, 1758. (Triplicate.) Sir,-His Majesty having nothing so much at Heart as to imn- -prove the great and important Advantages gain'd the last Cam- pain,t as well as to repair the Disappointment at Ticonderoga, and by the most vigorous and extensive Efforts to avert, by the Blessing of God on his Arms all Dangers which nlay threaten North America from any future Irruptions of the French; And the King not doubting that all his faithful and brave Subjects there, will chearfully co-operate with and second to the utmost, * William Pitt, appointed Secretary of State of England in '757. t During the summer of 1758 Louisburg and Fort Frontenac were cap- tured from the French and Fort Du Quesne was occupied on November 25, but the news of this last capture had hardly been received in Eng- land when Pitt's letter was written. In July the English forces under Abercromby were defeated before Ticonder
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the large Expence & extraordinary Succours supplied by this Kingdom for their preservation & Defence; And his Majesty considering that the several provinces from Pensylvania inclusive, to the Southward, are well able, with proper Encouragements to furnish a Body of several Thousand Men * to join the King's Forces in those parts for some offensive Operations against the Enemy; And his Ma'ty not judging it expedient to limit the Zeal and Ardour of any of his provinces, by making a Reparti- tion of the Forces to be raised by each respectively for this most important Service. I am commanded to signify to you the King's pleasure that you do forthwith use your utmost Endeavours & Influence with the Council and Assembly of your province, to induice them to raise with all possible Dispatch within your Gov- ernment, at least as large a Body of Men as they did for the last Campaign, and even as nlany more as the Number and Situation of the Inhabitants may allow, and forming the same into Regi- ments as far as shall be found convenient. That you do direct them to hold themselves in Readiness, as early as may be, to march to the Rendezvous at such place or places as may be named for that purpose by the Commander in Chief of his Majesty's Forces in America, or by the Officer who shall be appointed to command the King's Forces in those parts in order to proceed * During the French and Indian war Virginiia kept constantly in service one, and sometimes two regiments of colonial regulars, in addition to companies of rangers, and to large bodies of militia which were fre- quently called out. Lists of some of the militia may be found in Hening, VII, 21-25, 179- 231, VIII, 126--133. In the same work, VII, 493, is a list of the officers. of Byrd's regiment as they stood at the time it was disbanded in 1763. In the Virginia Magazine of History and Biography, I, 378-390; II, 37- 49, 143-153, are rosters of various Virginia companies from the " Wash- ington Papers " in the State Department, Washingtpn. There is in the Virginia State Land Office a large number of certificates filed with appli- cations for land bounty under the royal proclamation of 1763. These cer- tificates have recently been copied for this Society and have been bound in two large indexed volumes, comprising 587 pages. Among the names. are those of about 128 officers and 6r5 privates and non-commissioned officers. It is evident that a large number of certificates are missing or that many.privates did not apply for land. There are also in the Land Office three books containing lists of grantees of land under the Proclamation of 1763.
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from thence, in Conjunction with a Body of his Ma'ty's British Forces, and under the supreme Command of the Officer to be appointed as above, so as to be in a Situation to begin by the first of May, if possible, or as soon after as shall be any way practicable, such offensive Operatious as shall be judged by the Commander of his Majesty's Forces in those parts most expe- dient for annoying the Enemy, and most efficatious towards re- moving and repelling the Dangers that threaten the Frontiers of any of the Southern Colonies on the Continent of America. And the better to facilitate this important Service, the King is pleased to leave it to you to issue Commissions to such Gent of your Province, as you shall judge from their Weight and Credit with the people & their Zeal for the public Service may be best disposed & enabled to quicken and effectuate the speedy levying of the greatest number of Men, in the Disposition of which Com- missions I am persuaded you will have nothing in View but the Good of the King's Service, and a due Subordination of the whole, when joined to his Majesty's Commander. And all Offi- cers of the provincial Forces, as high as Colonels inclusive, are to have Rank according to their several respective Commissions agreeable to the Regulations contained in his Majesty's Warrant of the 30th of December last Year. The King is further pleased to furnish all the Men so raised as above with Arms, Ammunition and Tents, as well as to order provisions to be issued to the same, in the same proportion and manner as is done to the rest of the King's Forces; And a suffi- cient Train of Artillery will also be provided at his Majesty's Ex- pence, for the Operations of the Campaign. The whole there- fore that thre King expects and requires from the several provinces is, the levying cloathing and pay of the Men; And on these Heads also that no Encouragement may be wanting to the fullest Exertion of your Force; his Majesty is further most graciously pleased to permit me to acquaint you that strong Recommenda- tions will be made to parliament in their Session next Year to grant a proper Compensation for such Expences as above, ac- cordingly as the active Vigour & strenuous Efforts of the respec- tive provinces shall justly appear to merit. It is his Majesty's pleasure that you do, with patticular Dili- gence, imnmediately collect and put into the best condition all
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the Arms issued last campaign, which can be any ways rendered serviceable, or that can be found within your Government, in ordet that the same may be employed as far as they will go in this Exigency. I am at the same time to acquaint you, that a reasonable Sup- ply of Arms will be sent fronm England, to replace such as may have been lost, or have become unfit for future service. I am further to inform you, that similar Orders are sent by thiis Conveyance, to Pensylvania, Maryland, North Carolinaand South Carolina. The Northern Governments are also directed to raise Men in the same Manner. to be employed in such offen- sive Operations as the Circumstances and Situation of the En- emy's Possessions in those parts may point out, which it is hoped will oblidge them so to divide their Attention and Forces, as will render the several Attempts more easy & suc- cessful. It is unnecessary to add anything to animate your Zeal in the execution of his Majesty's Orders on this great Occasion, where the future Safety and Wellfare of America, and of your own province in particular, are at stake, and the King doubts not fromn your knowni Fidelity and Attachment, that you will employ yourself with the utmost Application and Dispatch in this urgent and decisive Crisis. I am, Sir, Your most obedt h'ble Serv', W: PITT. Lieut. GoVr of Virginia. [SECRETARY PITT'S LETTER TO THE GOVERNOR OF VIRGINIA.] [Endorsement.] Copy. Mr. Secretary Pitt's Letterof 29th Decr, I758, to the GovT of Virginia-referred to by the Comee of Correspond?e in their Letter to the Agent of Decr I2, 1759. (Duplicate.) Whitehall, 29th Decr. I758. Sir,-In transmitting to you the inclosed Triplicate of my Letter of the gth Instant, I have the King's particular Com- niands to renew and enforce in the strongest Manner the Neces-
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sity of a punctual Compliance with the Orders therein contained, and you will accordingly urge in the most expressive Terms to the Council and Assembly of your Colony, the Importance of their exerting themselves in the present critical and decisive Moment, in whlich their own Interests and Security are so nearly concerned, that it would seem superfluous to add the further Motives of their Duty to the King and of the Gratitude they owe to this Country, for the very Expence and Succours sup- plied for their immediate Defence, & for the future Safety of all their Rights and Possessions in America; and the levying the Meni to be furnished by the several provinices without any delay, and in such time that they may not fail to be at the Rendezvous that shall be appointed for them, so as to be ready to commence the Operations by the ist of May. is so essential, as well for pre- venting the extraordinary Efforts which it is supposed the Enemy is preparing to make to stop the future Progress of his Majesty's Arms in America, as for pushing with Success the ensuing Cam- paign, that it is the King's pleasure that you do employ the utmiost Diligence and every means in your power to forward and expedite this Service in the most effectual manner, and to avoid any Disappointment happening from the slowness of the Levies, or from the men, who shall be raised, not proceeding in due time to the Rendezvous. With Regard to the expences incurred by your Colony, for the last Campaign, I am further to acquaint you, that as soon as the Agents of the respective provinces, duly authorized, shall produce the necessary Documents, the same will, without Delay, be recommended to parliament for a reasonable compensation, agreeble to the gracious Assurances which the King was pleased to allow me to give in my Letter of the 30th of December last Year. I am, Sir, Your most obedient humble Servant, W. PITT. Lieutt GoVr of Virginia.
This content
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[Endorsement.] October 7, I 760. Proceedings Council. AT A COMITTEE OF CORRESPONDENCE HELD AT THE CAPITOL, OCTOBER 7, 1760. Present: The hon'ble W. Nelson, T. Nelson & Ph. Gryrnes, Esq"r, J. Robinson, P. Randolph, Chas. Carter, Mr. Waller, Mr. Wythe, Mr. Bland, & R. C. Nicholas, Esqrs. Mr. Nelson communicated to the Committee two Letters lately come to his Hands from Mr. Montague the Agent, which were read, as wasalsoa Copy of Sir Matthew Lamnb's Opinion on the Act for appointing an Agent, which is niention'd in Mr. Monta- gue's Letters. On Consideration whereof it is the opinion of the Comittee that Mr. Nelson be desired to lay the said Letters before the Council in order to obtain the Opinion & further Directions of the General Assembly (now sitting) thereon. The Comittee taking into Consideration that the Letters from the Agent by means of their being directed ptublicly to this Com. mav possibly excite the Curiosity of People into whose Hands they may casually fall in their Passage hither, and so be opened and suppressed or detained, are of opinion and do ac- cordingly direct that in the next Letter to be sent from this Com. to the Agent he be desired to address his future Letters to Mr. Nelson alone, without the Addition of his being one of the Members of this Com. On the - day of October the Proceedings of this Commnit- tee were laid before the House of Burgesses, pursuant to their Orders, and on the 20th October the House of Burgesses came to the following Resolution, vid-[not given]. AT A COM'E HELD AT THE CAPITOL, NOV'R 3, I760. Present: The hon'ble W. Nelson, T. Nelson, Pet Randolph, Esq"r, Jno. Robinson, P. Randolph, B. Waller, Richard Bland,. Esq The sev' Lr from the Agent to this Comee were again read. Resolved that P. Randolph, Esqr, Mr. Atto & Mr. Bland be appointed a Com. to prepare a Lr to Mr. Montague, in wlich they are to inform him of the Rect of his Letters, & that ye Com
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are well satisfied with his Conduct hitherto; that he must hence- forward look upon himself as Agent for this Colony to all In- tents and purposes, & not suffer any other person to interfere with him in ye Execution of his Office; that they notify to him that the Gen' Assembly have passed an Act to explain & amend the Act for appointg him to his office agreeable to Sr Mattw Lamb's opinion laid before ye Lds of Trade, &c. Also, that they inform him of two other Acts passed the last Session-viz: Supply Bill & ye Act for appointing Receivers of the Money granted by Parliamt, &c., &c. That they give him an Account of thie sev' sums of money granted by this Colony during the Course of the War from the Beginning to this time. That they also inform him of the Address & Representation to his Mat' agreed upon by the Council & H. of Burgesses, and desire him to present ye same in the most proper manner-& that in pur- suance of those Acts Bills of Exchane are drawn upon Mr. Aber- crombie by the persons thereby directed, & that if any Difficulty shd attend the procuring paymt of those Bills he use his utmost Endeavours to remove them, and also furnish him with Reasons & Arguments for supporting them effectually & that they advise him to have Recourse to the sev' Acts of Assembly therein par- ticularly mentioned. That he be likewise told the Govr has ac- quainted this Com. that he has wrote to him to desire his Assis0e to wipe off any Odium he may be under or any Asper- sion thrown on him for giving his Assent to the sevl Acts of Ass: of this Colony lately repealed by his Majesty, & that this Com. desire he will to his utmost assist his Honr therein. Ordd, That the Clerk prepare another Copy of the former letter & Instructions & other Papers sent Home therewith; Also 3 Copies of the three Acts above mentioned properly authenti- cated under the Seal of the Colony, and as many Copies of the Address & Representation to his Majesty. AT A COM'E HELD THE 6 NOV'R, 1760. Pres: The hon'ble W. Nelson, T. Nelson, P. Grymes & Pet. Randolph, Esqru, J. Robinson, B. Waller, G. Wythe & R. C. Nicholas. The Com. appointed presented a Letter they had prepared
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for the Agent agreeable to the sev' Resolutions of the last Comee which, with some Anmendments now made, was agreed to. Ordd, That the same be fairly transcribed immediately, and that two other farir Copies be also prepared with all Dispatch, to be sent home by 3 sev' diff' Ships. Ordd, That the C'lk prepare a fourth Copy of the first Lr and Instructions & the sev' Papers therein ment4 & refP to, to be senit home by the first Ships, the Comi. being inform'd that ye two first already sent are taken. The L this day agreed to is as follows: [LETTER TO THE AGENT.] [Endorsement.] Second Letter to the Agent, Nov. sth, 1760. Wm5burg, Nov. 5th, I760. Sir,-Yours of the first and twentieth of May & nineteenth of July have been receiv'd by the ComLL & laid before the Gen- eral Assembly. Your Readiness in accepting the Agency, we are to acquaint you, gave them no small Pleasure, as they have ye imost sanguine Expectations that great Advantages will be derived to this Colony, from your Weight & Influence. Your asserting your Right as Agent, particularly in the Affair relating to the Money voted by Parliament, was highly approved of. And we were no less pleased with your immediate Resolution to give up your Claim to any Advantage arising from the Rec't of that Money, as soon as you thought any Delay in the remitting it might possibly be a Prejudice to this Colony. Prom this step, we are persuaded, that you will on every occasion prefer the Good of the People you represent to any private views. We think you judged very right in refusing to sign the Papers offer'd to you by Mr. Abercrombie, as you are by no Means to look on him as Agent for Virginia, but to consider yourself as such to all Intents & Purposes, & not to sufler any other Person to interfere with you in the Execution of your office. However, it is not our Intention to restrain you from joining Mr. Aber- crombie, or aniy other Gent. in any Sollicitation that may prob- ably be for the Benefit of this Colony. The Governor* having inform'd the Comee that he has wrote * Francis Fauquier, Governor of Virginia, June, 1758-March, 1768.
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to you, desiring you to join Mr. Abercrombie in removing any ill Impressions the Ministry may have of him, on his giving his Assent to several Laws, which have been judged to be contrary to his Majesty's Instructions, & consequently repeal'd by his Royal Proclamation, we earnestly recommend it to you to con- tribute every thing in your Power to wipe off any Odium he may be under, or any Aspersion thrown on him for passing those Acts. We are the more pressing on this Occasion from the great Esteem we have for that Gent, who in every Instance, of his Administration, has demonstrated his Dutv to his Majesty, and his Affection to the People under his Government. Altho' we must confess that the Governor, in passing those Acts, did not strictly adhere to his Instructions, yet he had no Reasoni to be apprehensive of incurring his Majesty's Displeasure, as former Governors had pass'd several Acts of the same Nature, which hadl never been complain'd of. The General Assembly at the last Session pass'ci an Act* for explaining and anmending an Act for appointing an Agent, which, we flatter ourselves, will remove Sr. Matthew Lamb's Objection. For, we must acquaint you, that it was never the Design of that Act to deprive any Branch of the Legislature of a concurrent Power in the Appointment, or Deprivation of an Agent, nor cou'd we conceive that it wou'd ever be taken in that sense. The Assembly at the same Session pass'd two other Acts,t the one for recruiting & further continuing the old Regiment in the Service of this Colony, and for other Purposes therein men - tioned, the other for appointing Persons to receive the Money granted or to be granted by the Parliament of Great Britaini to his Majesty for the use of this Colony. By a Clause in the former of these Acts the Governor, President & Speaker are authoriz'd to draw Bills of Exchange on James Abercrombie, Esq., to the Amotunt of twenty thousand Pounds Virginia Cur- rency. And by the other Act, the said Governor, President & Speaker are authoriz'd & empower'd to draw Bills of Exchange * Hening, V1I, 375. t Hlening, Vii, 369 and 372. The latter act recites that /52,814.19 had been allotted to Virginia out of the amounit voted by Parliament in 1757 and 1758 for the relief of the American colonies.
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on the sd. James Abercrombie for the Ballance remaining in his Hanids of the several Sums of 632,260. i9 and /20,546 alloted by his Majesty for this Colony. And by the sd. Act you are authoriz'd, directed & empower'd to receive all such other Sum or Sums of Money as already have been or hereafter may be granted by the Parliament of Great Britain to his Majesty for the Use of this Colony, and as you advise us that Mr. Abercrombie has put in his Claim for our Proportion of the last Sum granted to the Americani Colonies, we desire that you will demand any Money he inay have received on that Acct of him; you'll please to inform yourself what Comissions are allowed to the Agents of the other Colonies & advise us thereof that we may be satis- fied Mr. Abercrombie has not imposed on us in his Charge. Copies of the said Acts will be transmitted to you, and in Pur- suance of the two last mention'd Acts, the Governor, President & Speaker have drawn several Bills. We can scarce think that Mr. Abercrombie will not pay due Honor to them as the Method pursued was pointed out by him. But if he shou'd not, you will be particularly attentive to remove his Objections. The Gen' Assembly being under the greatest Concern to find that their Conduct had been misrepresented, & that they had been accus'd of attempting, in many Instances to infringe the establish'd Rules of Government, & to violate the Royal Pre- rogative* have drawn up an Address and Representation to his Majesty, setting forth the Proceedings of the Legislature, by which they hope their Conduct will appear in a more favourable Light. Copies of the Address & Representation by the Direc- tions of the Gen' Assembly are herewith inclos'd, and you are desir'd to present them in the most proper Manner. We refer you to the Reasons in the Representation for the passing the several Acts therein mention'd, which we conceive will be suffi- cient to acquit the Legislature of any sinister or disloyal Inten- tions. But as the Matters contain'd in the latter Part of the Representation are of the greatest Importance to this Colony, & the very being of the Constitution depending thereon, it may be necessary to add some further Observations and Reasons to * This refers to the " Two-Penny Act," regarding the payment of to- bacco debts in money. See April number of this Magazine.
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those contained therein. The Instructions to the Governor of this Colony were given by King Charles the second soon after the Restoration, & have had little Alteration since. By the i6th Article of those Instructions the Governor is directed to pass no Act of a less Continuance than two Years, & no Act repeal- ing or amending any other Act, whether the same has or has not receiv'd his Majesty's Assent, unless a Clause be inserted suspending the Execution thereof until his Royal Pleasure shall be known. So far as relates to the passing Acts for repealing or amending any Act assented to by his Majesty, the Assembly have always paid a due Obedience to his Instructions, but the Instruction relating to the repealing or amending Laws, which never have had his Majesty's Assent, or have been made for a shorter Term than two Years, has never been attended to. And as a proof that this Instruction has not always been enforced even by the Ministry, the General Assembly revis'd our Laws in 1748, when many of them were both alter'd & repeal'd. The Ministry at that Time were so far from disapproving their Con- duct, that they recommended it to the other Colonies to imi- tate their Example. By a Recourse to the Laws, you'll find that the Assemblies have exercis'd this Power ever since the Date of the Instructions so much relied on. And we are per- suaded that this Instruction wou'd not at this Time have been enforced, had it not been for the Clamour of a few dissatisfied Clergy, who preferring their own Interest to every other Con- sideration, have not hesitated by their cunning & artful Insinu- ations, & by their false & scandalous Representations to blacken the Character of the Legislature of this Colony. Upon this factious Complaint of the Clergy his Majesty has been pleas'd to send an Additional Instruction to enforce that old Instruction, which has been so long consider'd as obsolete, By which the Governor, who is on every Occasion desirous of promoting the Interest & Happiness of this Colony, thinks himself restrain'd from passing any Act contrary to the Letter thereof. And it is apparent that if he shou'd adhere thereto, the Privilege of mak- ing Laws, which all his Majesty's Colonies have, & ought to enjoy, will be abridg'd, & in a great Measure abolish'd. For all Countries are liable to such Changes & Accidents, as require the immediate Interposition of the Legislature, And no less t
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an infallible Power can form Laws so perfect that they may not afterwards stand in Need of Alterations or Amendments. You can easily suggest the many Inconveniencies we must necessa- rily labour under, by being oblig'd to suspend the Execution of any Act, let ye emergenicy be ever so great, till his Majesty's Pleasure can be known. It is well known, that we have been in a state of War ever since the Year I753; that we have been under a Necessity to make annual Provision for our Troops, and to guard against the various & unforseen Events which ml]ust happen at such a Time; That an Aninual Provision must be made to prevent Mutiny & Desertion, neither of which can be done if we are restrain'd by Instructions from passing such oc- casional Laws. And it is remiarkable that one of Sr. M. L's Objections to the Act for appointing an Agent is to its Continu- ance for 7 Y'rs, & he recommends the passing an Act for this ppurpose from yr to Year, at the very time that his Mat'y is en- forcing the Instruction above mentioned. In the Year 1705 An Act* pass'd for paying the Burgesses one hundred & thirty Pounds of Tob? & Cash e Day for their Wages. At that Time this was equal to ten shillings # Day, but Tobo having since greatly advanc'd in Price the Burgesses have scarce ever fail'd to pass an Act for paying their Wages in Money at ten shillings ' Day in Lieu of Tob?. This was (lone for the Ease of the People & may convince anv impartial Person that the Burgesses have not always acted upon self'interested Principles. This late Instruction restrains the Assembly from giving up even their own Rights. Having furnish'd you with every Argument that occurs to tus otn this Occasion, except such as are already made use of in the Representation, we have only to desire you to use your utmliost Endeavours either to have this Instruction counternmandedi or alter'd in such a Manner that it mav not so sensibly affect the Interest & Liberty of the People of this Colony. You are also to take every Method of justifying the Conduct -of the Gen' Assembly in passitng those Laws so imiuch complain'd of by the Clergy, & repealed by his Majesty's Proclamation. From the- Reasonableness of our Request we cannot doubt of your success. *Henitng, IIJ, 244.
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Any Expence attending these Sollicitations will be repaid you. We are, &c. P. S. You'll please to address your future L'rs for the Com'ee to ye hon'ble Wm Nelson, Esqr, alone, & without the Addition of his being a member of this Come. This is thought a neces- sary Caution to secure 'em from ye Inspection of such as might be curious enough to open them. [Endorsement.] PROCEEDINGS OF THE COM'E, MAY 4, 176I. At a Committee held at the Capitol, MaY 4, 176I. Present: The hon'ble William Nelson, Thomas Nelson, Philip Grymes & Peter Randolph, Esqrs; Peyton Randolph, Benjamin Waller, George Wythe & Robt. Carter Nicholas, Esqrs. Mr. Nelson informed the Board that he had convened them to consider of several Matters lately occurred, which he thought required the Care & Attention of the Agent in Gt Britain, vizt.: The Case of Thornton & als vs. Buchanan, & Hamilton, late of London, Bankrupts, & their Assignees & Factors here, in which a Decree passed this prest G' Ct in favr of the Plts. from which the Deft's had pray'd an App' to the King in his privy Council. That this Decree being founded on an Act* of Ass. of this Colony, made in 1744-to wit: "An Act for the Relief of certain Creditors," which is a very beneficial Law to the Subject here, it might be necessary for the Agent to assist in the Debate in England in order to support that Law. Anor thing he proposed to ye Considn of the Board, was an Expression in Mr. Secretary Pitt's last letter to his Honr the- Govr, which he had laid before the Ass., in which the Colony is accused of being remiss in their Duty to his Majesty in not rais- ing a suffi' Number of Men for the Campain in 1760, which point he thought it necessary shd be clear'd up in England. The last point Mr. Nelsoni desired Opinion of the Com'ee in, was the public Complaint of the People for the wt of a Man of War to protect our Coast. * Heoing, V, 244.
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On mature Consid0 of these sev' Matters the Committee were of Opinion that the Agent ought to receive Instructions therein & be desired to. Mr. Nelson then presented to the Board a letter which he had previously prepared for the Purposes above mentioned, & the same being read, was with some Amendments approved of, & thereupon it was Ord', that sd Lr be fairly transcribed & that the Cl'k procure authenticated Copies of the sev' Papers referred to by the sd Letter to be transmitted therewith. The Letter is as follows: [LETTER TO THE AGENT.] (Endorsement.) 3d Letter to the Agent, May 4, 176I. Virginia, April 30, I761. Edward Montague, Esqr. Sir,-By the Receipt of our last Dispatches to you by Capt Perry, Via Bristol, you will have seen how very unfortunate we have been, in having the first and second Copies taken by the Enemy. When you received the third, you would have full Instructions in every Matter that it was then necessary to trouble you with, relative to this Colony, Since which some things have occurred which we think require your Care and Attention. There hath passed in this present General Court a Decree in Chancery in Favour of John Thornton and others (the Title is inclosed) against the Assignees of the Estate and Effects of George Buchanan & William Hamilton late of the City of Lon- don Bankrupts, for a very conisiderable Sum, near ?5,ooo sterl- ing, from which Decree the Defend" have prayed an Appeal to his Majesty in his Privy Council; And as this Decree is founded on an Act of our General Assembly, that is extreemly beneficial to the Colony, it is of the utmost Consequence that you use all possible Means to procure an Affirmance of the Decree, & sup- port the Validity of the Act. It is intituled "An Act for the Re- lief of certain Creditors passed Anno i8th of George the second: And that you may be fully acquainted with the Nature of the
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Dispute, it may not be improper to give you a short History of the Act and the Reasons of passing it. About the year I732. the Merchants of Great Britain obtained an Act of Parliament, intit' An Act for the more easy Recovery of Debts in his Majestys Plantations and Colonies in America, which was favourable to them, tho' not to us, as it subjected all our Lands in the Plantations to be taken in Execution and sold as Chattels to satisfy Debts due to Merchants in Great Britain even on simple Contracts, tho' they are not liable for any debt contracted here except by exact accord to the course of ye Common Law. This was thought somewhat hard as the Advantages were not reciprocal, and we had no certain way of recovering our Debts from them, nor could we subject Lands in the plantations belong- ing to merchants residing in Great Britain to the payment of such Debts. To remedy this and to establish one certain regular and uniform method of proceeding in the Recovery of Debts due to the Inhabitants of this Colony from Persons residing out of it, this Act was passed; soon after which, upon a proper Represen- tation of it's Reasonablness and Utility, it obtained the King's Assent, so that now it stands on as good Authority as any Act of the British parliament, and thus confirmed by his Majesty, can't be repealed but by our Assembly with the King's Assent. This is a point that you are to insist upon if it should be disputed. Under this Act we have always attached the Effects of Persons residing out of the Colony, as well as of those of good Credit, as of other dying insolvent, and of Bankrupts. The Assignees in the present Case think that by Virtue of the Statutes concern- ing Bankruptces, they are entitled to all the Effects of a Bank- rupt in Virginia, as well as in Great Britain, in Exclusion of our Rights here, the Unreasonableness and Injustice of which will appear from this Consideration; that the time limited- by the Assignees under a Commission of Bankruptcy for the Creditors to make out their Demands is so short as renders it impossible for us to come in under a Commission & receive any Benefit from it; besides the Effects which the Merchant of Great Britain hath here often gives Credit to his Factor or Agent, who buys large Quantities of robacco, draws his Bills for the payment, and if the Principal happens to break the Bills are protested; And if
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the Assignees prevail in this Case the very Effects here which the planter looked upon as a Security for the payment of the Bills are swept away by them, & he is left to lament the extreem Inequality of the Laws, if they should be so adjudged. You are therefore, Sir, to engage the best Counsel you can to support and defend the Force of this Act, the Expence of which shall be repaid you. You are not to act as a Principal in the Dispute, since the Respondents will send over a Copy of the Decree, and will also employ Counsel to prevent a Reversal. We now inclose you a Copy of the Act, with his late Majesty's Ratification in due Form so that, we repeat it again, no power on Earth can alter the Force of it less than our Assembly with his Majesty's Assent. We have observed in a Letter from Mr. Secretary Pitt to our Lieuten' Governor, which he laid before the General Assembly, he, says that this Colony had been remiss in their Duty to the King, bygrantingsofew MenforthelastCampaign, I76o. This is an Imputation that we expected ouir very liberal Grants for many Years past, even beyond our Abilities, would have secured us from; but we are willing to hope that this Censure of our Conduct arose from Mr. Secretary's forming his Idea of our Number of Men that year from the Returns which General Monckton made to the War Office, in which would appear but little more than 400 Men. But besides these, we had a thousand Men on our Southwestern Frontiers, ready to co-operate with Coll Montgomery against the Cherokees, which were prevenited from acting by the Repulse he met with, and his hasty Retreat in Consequence of it. That you may be able to remove any unfavorable Impressions of us in this Respect, and that you may put in our Claim for a proportion of any Money that was given last, or may be given next Session of Parliament, we now send you authentic Copies of both the Acts,* by which you will see that we have expended * By act passed November, 1759, it was ordered that 400 men of the Virginia regiment should be employed in such manner as the Com- mander-in-chief of his Majesty's forces should direct, and that the re- maining part should be stationed where the Governor of Virginia should appoint (Hening, VII, 331). An act was passed in March, 1760, (Ibid, .317) continuing the Virginia regiment in service, and also providing for retaining in service 3oo men, in addition, who were guarding the fron-
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all that we received of the two first Grants, and we expect there wlll be a large Sum to pay for Deficiences at the End of this Canipain. The last poinit we shall now trouble you upon, is the Com- plaint of the people for Want of a Man of War stationed here to protect our Coasts and Harbours from the Insults of the Enemy's privateers. It is remarkable that the Colony has not for a long Tract of Time been without a Guard Ship or two, "till within these five Years past, we have not had any, except now and then a Ship hath come as Convoy to the Trade, and returned with it, leaving the Coast without any Naval Protection for many Months, and last Summer a small privateer came to the mouth of our most considerable Harbour, cut out a Vessel from the Coast of Guinea of great Value, and carried her off, besides making many other Captures. The natural Way to remedy this, would be by an earnest Application to the Lords of the Admiralty, setting forth the Necessity of some Protection of this Sort, as the Trade is of Consequence and merits some Consideration. You will, there- fore, Sir, use your best Endeavours to prevail with their Lord- ships to order a Ship or Sloop of War, to be always on the Sta- tioin, besides any that may be occasionally appointed as Convoy to the Trade to and from Great Britain. [Endorsement.] PROCEEDINGS OF THE COMMITTEE, I ITH AND 13TH JUNE, 176I, With the 4th L1 inclosed. At a Come held June IIth-, 176I. Present: hon. W. Nelson, T. Nelson, P. Grymes & P. R., Esqrs., Mr. Atto Col. Bland, Mr. Waller, Mr. Wythe & Mr. Nicholas. That Pt of his LT relat'g to an Address of Condol0" complied -with last Sess., The Ass. not sett5 before. tiers. By act of the May session, 1760, (Ibid., 357) 300 men of the Vir- ginia regiment, and an additional force to be enlisted, not exceeding 700, were ordered to the relief of Fort Loudoun, which was threatened by the Cherokees. The acts referred to in the text were, no doubt, two of these.
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The Satisfaction given his Maj'tys Subjects of Virga to hear of his Accessn to the Throne* so much to the Satisfact" of his people. Not to put himself to the Expence of Copies of the Vouchers by w'ch Mr. Dinwiddie passed his Accts. till he hears further from ye Com. That he will endeavour to inforce the Represent" from hence sent him formerly in Regard to the Dispute with the Clergy & the other Matters recommended to him. To be informed it is notorious here that Maryland raised no, Men. That he enforce the Instruct"" given him in the Last Let- ters from hence relative to the Number of Men raised for the last Campain to join Col. Montgomery. And that the Men were under Gen' Amherst's Comm4 & Col. Byrd rec' orders from him. To give him the Opinion of this Com'tee what Articles of Expence in the Execution of his Office will be reimbursed, & what not. That it is the Opinion of the CoMr that a Commissn of IS Y2 Ct will be allow'd him for all Monies he shall receive for the use of this Colony & that he be desired to inform Mr. Abercrombie of this & that it is expected he will re-settle his Accounts agree- able to this Direction, which if he refuses, Mr. Montague must oppose his passg his Acc' in any other Manner at the Treasury. As to Mr. Rowe, it is known whether he is gone home on any particular public Business but that the CoMr look upon his En- quiry into this Matter as an Instance of his Attention to the Interest of this Colony. Not to look upon himself as concern'd in procuring the King's Assent to any private Acts of Assembly, but that it's left to the parties concern'd to emplov whom they please, & that he is at Liberty on Application to solicit any such Acts. Mr. Att?, Mr. Nicholas & Mr. Wythe appointed to prepare the L'. At a Com. held ye 13. The Com. Prest: W. N., T. N., P. G., & R. B., Esq1', Jnv * George III succeeded to the throne on the death of his grandfather in 1760.
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Robinson, Peyton Randolph. G. W., & R. C. N., Gent. Lr read & agreed to & signed by the Members present. LETTER TO THE AGENT. [Endorsement]: 4th L' to the Agent. June 13, 176X. Virginia, June 13th, 176I. Sir,-From your letters of the I5.and igth of Feb. and the 3d and 5th of March, which we have received, we are well pleased to find that your conduct still merits our approbation, and have grounds to hope your attention to your own credit, as well as zeal for the colony's interest, joined with assiduity, patience and perseverance, will render any great share of that influence you disclaim unnecessary to promote the good of your constituents. As Virginia is not inferior to any part of the world in that duty to their present sovereign, which they manifested in every instance to his roial progenitor; so they were not less sensible of that grief which every British heart was afflicted with on the de- mise of his late majesty nor would have been less early in con- gratulating his successor on his accession, but that this ceremony was necessarily delaied 'til the meeting of the general assembly, when an address of the united powers of the legislature was pre- pared which we believe hath been presented. The general testimony that our young monarch is giving daily proofs of his inclinations to add to the glory and felicity of his people will justify our indulging the most delightful prospects of liberty, peace and plenty, and incline us to expect that he will graciously extend his roial and paternal care and protection equally to all his subjects, and redress the grievances of any of them, how remote soever, when properly explained, with his wonted benignity. We need not repeat, and can not add to any thing in our former letters on the subject of the address and representation, and other matters recommended with them to you, not doubting your endeavours to solicit and enforce them effectually, and leav- ing the manner of doing it to your own discretion. If the resolution of the lords of the treasury " to admit no sollicitations from the agents relating to the distribution of the money granted by parliament'" is not unalterable; if they can
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be made acquainted with what we have formerly written on that head; if they knew what is notorious and confessed here, that Maryland did not furnish a single mani for the service in the year 1759, and for seieral years before; and if they were informed that i,ooo of the men levied, subsisted and paid by this colorny last campaign, serving under an officer who received his orders from general Amherst, were intended to have joined his majes- ty's forces under col. Monckton, and would actually have done so, but that they were afterwards, with the general's approbation, directed to assist the forces from South Carolina under col. Montgomery. We say, if these considerations were sufficiently attended to, have we not reason to hope the application of the money would be more justly proportioned to the vigor and strenuous efforts of the " respective provinces ?" When you can procure an audience on the subject of the act of 22 G 2 for settling the titles and bounds of lands, &c., we hope the utility of that salutary law will not be measured by the care and diligence of those who have before sollicited the affairs of this colony. We would not have you put us to an expence for copies of the vouchers of mr. Dinwiddie's account, until we shall have given you further directions, after seeing it. We are obliged to you for the information you have given us concerning the commissions allowed the agents of the other col- onies. We are willing and do agree to allow you what seems to be a reasonable commission, 1 ? per cent. for your trouble in receiving and remitting this colony's proportion of money granted by parliament, and we desire you to inform mr. Aber- crombie of this our resolution, and that we expect he will reduce his charge for that service to the like proportion, or otherwise that we have instructed you to oppose the passing of his account at the treasury. [On the margin is written, "This to be left out. "] We think that gentleman hath not dealt with us as he ought, both in overrating his commission, and in many other articles of disbursements in his account. We should not have objected to reimbursing him his expences in procuring papers, &c., for our use, as we are willing to allow any of yours of that kind. As we do not know that mr. Rowe is charged with any em-
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bassy which can concern this colony, we have nothing more to say in answer to so much of your letter as relates to him than that we regard your precaution as an instance of that vigilance by which we hope all the purposes of any enemies to the tran- quillity and happiness of this country on your side will be de- feated. The sollicitation of the roial assent to any private acts of as- sembly we do not consider as an ex officio business of yours, unless,you have particular directions from us relative to them; but we do not mean to restrain you from doing that office at the request of any parties interested who shall apply to you. Our governor, by a faithful, prudent and steady administra- tion, bath given such universal satisfaction that we think the good of this country concerned in 'preventing any aspersions or ill impressions his conduct may give birth to,' and we be- lieve every well-wisher to it nmost heartily congratulates us on .his being continued in his government. the Treasurer of this Colony to pay you /5?? sterling B Ann. for yor Trouble & Expence in ye Discharge of your Duty in such Office yet, &c. It may not be improper to mention here that tho' the Act for -the appointing an Agent directs (here insert the Words of the Act relative to this point as I have not the Act), yet that it did not mean to subject you to the expences accruing by the procuring of papers & other services of that kind; you will all- waies be reimburs-'d for such, & may charge the country for them in your fuiture Acct. N. B. for fear you should not read my blots I put that part over again to the expences accruing by the procuring of papers & other services of that kind. (TO BE CONTINUED.)
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==See also==
*[[S. Bassett French Biographical Sketch]]
*Other Related Wythepedia Pages

==References==
<references/>

==Further reading==
*E.I. Miller, [https://archive.org/details/jstor-1915067/page/n1/mode/2up "The Virginia Committee of Correspondence,"] ''William & Mary College Quarterly'' 22, no. 1 (July 1913), 1-19.

==External links==
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[[Category: Biographies (Articles)]]

Proceedings of the Virginia Committee of Correspondence

2026-02-24T18:15:27Z

Gwsweeney: /* References */

{{DISPLAYTITLE:"Proceedings of the Virginia Committee of Correspondence, 1759-'67"}}
[[File:VirginiaMagazineOfHistoryAndBiographyApril1903p337.jpg|thumb|right|350px|First page of "[[Media:ProceedingsOfTheVirginiaCommitteeOfCorrespondenceApril1903.pdf|Proceedings of the Virginia Committee of Correspondence, 1759-'67]]," ''Virginia Magazine of History and Biography'' (April 1903), p. 337.]]
Introduction and summary.<ref>Please footnote sources.</ref>

==Article text, April 1902==
===Page 353===

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VIRGINIA LEGISLATIVE DOCUMENTS. Many years ago the older papers forming the records of the General Assembly of Virginia were removed from the office of the Keeper of the Rolls, and deposited, or rather, apparently, thrown in a heap, in the garret of the Capitol. They long remained in this p)lace with the dirt accumulating on them, unthought of and unused, except by Mr. W. W. Henry, who obtained from the mass, much material used in his Life of Patrick Henry. About ten years ago the Legislature placed these records in the custody of the Secretary of the Commonwealth for arrangement and possible publication. They were, accordingly, brought down from the garret, properly arranged in chronological order, and put up in packages; but the removal of the State Library to a new building and a demand for the room in which these records were stored for other use, almost undid the good done by the arrangement. It became necessary to remove them to the new building, where they are packed in such a small space that they are practically inaccessible uintil again examined and arranged. This Society has obtained permission to copy and publish them, and the first installment appears below. These papers consist of petitions, remonstrances, letters, executive communications, rough draughts of bills, &c. There are a few documents of an earlier date than 1774; but the mass of them begin in that year. [The first two papers in this collection are deeds, dated in 1728, conveying a lot of land for a free school in the town of Norfolk. These were printed in the Lower Norfolk Antiquary, I, 78-8I.] Proceedings of Virginia Committee of Correspondence,* 1764. VIRGINIA AND THE ENGLISH "DECLARATORY ACT." At a Committee of Correspondence held at the Capitol December I9, 1764. *See Note i, at
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Present: The hon'ble John Blair, Wm. Nelson, Thos. Nelson and Peter Randolph, Esqr., John Robinson, Peyton Randolph, Richard Bland, Geo. Wythe, L. Burwell & Dud. Digges, Esqr. Mr. Montague's Letter of the 2ISt July, was read & a Letter ordered to inform him of the proceedings of the present Session of Assembly on the Subject of the Taxes * proposed to be laid on the Colonies by the British Parliament & that copies of the Address to his Majesty & the Memoriais to the House of Parliament be got ready to go with the Letter. And the Comn. immediately proceeded to prepare such a Letter, which was done at the Board, signed by all the members present and is as follows: Virga, Dec., 20th, 1764. Sir, We have rec'd your Letter of the 2ISt of July last, & have only to observe with Respect to the Act * * of * * for regulating the German Coin, that his Hon. Gov. has wrote to ye Lo'ds of Trade oni that Subject, tranismitted to themii an answer to the objection raised agaitnst it, in which he was assisted by some of our members & to which we beg leave to refer you. We are now to inlform you that the Genieral Assembly of this Colony met on the Day we mientioned in our last, and immediately took into consideration the Taxation proposed by the British Parliament on the American Colonies, when your several Letters on that subject and the Votes of the House of Comnmonis which you sent us were laid before themn. The Result of their Deliberation on this important Subject, is an address to the King, and memorials to the two Houses of Parliament, in which the Council and House of Burgesses have unanimously joined and directed us to transmit them to you; and we must desire of you to try every possible method of having them properly presented and use your utmost Influence in supporting them. We are under some apprehensions that you will meet with Difficulty in getting the memorial to the Connmons laid before them, as we have heard of their refusing to receive Petitions from the Colonies in former similar Instances. If this should be now the case we think you should have them *See Note 2, at end.
This
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printed and dispersed over the Nation, or the substance of them at least published in such manner as you may think least liable to objection, that the People of England may be acquainted with the Privileges & Liberties we claim as British Subjects; as their Brethren and the dreadful apprehensions we are under of being deprived of them in the unconstitutional method proposed. We have had so many Proofs of your attention to our Interest that we do not entertain the least Doubt of your doing every thing in your Power to assist us in this very interesting Occasion in which we are persuaded you will be heartily seconded by the Agents for the other American Colonies. We are Sir, Yr. mo. hble. Servt", J. Blair,* W. Nelson,t T. Nelson,: P. Randolph,? J. Robinson,II Pey. Randolph,? R. Bland,* * G. Wythe,t t L. Burwell, t + D. Diggs, Jun. ? Proceedings of Virginia Committee of Correspondence, 1765. THE RESOLUTIONS OF MAY 30, 1765. At a Committee held at the Capital the I4 Day of Septmr, I 765. Present: The hon. John Blair, Wm. Nelson, Thos. Nelson & Robert Carter,' Esqr, Peyton Randolph, Geo. Wythe, Robt. Carter Nicholas,?? Lewis Burwell, and Dudley Diggs, Esqr, *John Blair, of Williamsburg, born j686, died November 5, 177, was a nephew of Rev. James Blair, D). D., the first President of William and Mary College, and entered early into public life. He was member of the House of Burgesses for Williamsburg 1736, I738, 1740; Auditor- General 1732-177 1; member of the Council 1743-177 1, and as President of that body was acting Governor January-June, 1758, and March-October, 1768. He married Mary, daughter of Rev. John Monro, and was father of Justice John Blair, of the U. S. Supreme Court See Wiliam and Mary Quarterly, VII, 134-153; VIII, i-i7; and " Blair, Banister and Braxton Families." t William Nelson, of Yorktown, born 171 1, died November I9, 1772. He was a member of the House of Burgesses for York county 1742, 1744; of the Council 1744-1772, and as President of the
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Mr. Atto; Mr. Wythe, Mr. Nicholas, appd to prepare a Letter to acting Governior from October 15, 1770, to August, 1771. He married Elizabeth, daughter of Nathaniel Burwell, of "Carter's Creek," Gloucester county, and was the father of Thomas Nelson, signer of the Declaration of Independence See R. C M. Page's Page, Nelson, &c., Families, 2d edition. I6o- i66; William and Mary Quarterly, VII, 25-30; Meade's Old Churches and Families of Virginia, 1, 205- 210. 4 Thomas Nelson, of Yorktown, Va. (a brother of William Nelson), was born in 1716 and died in 1782. He was a member of the House of Burgesses for York county 1745-1749, inclusive; of the Council 1749-76, and Secretary of State 1743-76. It appears from the Virginia Gazette (Dixon and Hunter's), of May 6, 1775 that he was then President of the Council. His house at Yorktown was for a time Cornwallis' headquarters; btut was destroyed by the bomnbardment. " Secretary Nelson," as he was usually called, was at Yorktown when the siege commenced; but on October 8th, came out to the Americani lines under a flag of truce. A contemporary writer says that he spoke cheerftully to the officers who gathered arotitnd him, and encouraged them by his description of the great damage the shells were doing in the town. He married Lucy Armistead. . Peter Randolph, of " Chatsworth," Henrico county, born 1713, died July 8, 1767; was appointed to the Council in 1751. and was Surveyor General of the Customs for the Middle District of North America. He was probably not in favor of any radical measures iii opposition to England, as Jefferson says that the morning after Henry's resolutions-the first five-were adopted in 1765, he saw Colonel Peter Randolph sitting at the clerk's table examining the journals to find a precedent for expunging a vote of the House. His will is published in Water's Gleanings. He married Lucy, daughter of Robert Bolling, of Prince George county, and was the father of Beverley Randolph, Governor of Virginia. IIJohn Robinson, of " Mt. Pleasant," King and Qtueen county, was born in Virginia, and died in May, 1766. He was a member of the House of Burgesses for King and Queen county 1736-1766, and Speaker of the House and Treasurer of Virginia 1738-1766. The Virginia Gazette for May i6, 1766, contains the following: "On Sunday last died John Robinson, Esq., a member of the General Assembly for the county of King and Queen. He had been almost thirty years Speaker of the Burgesses, every one allowing to his indisputable merit, not the second, but the first place in that House; which post he filled with sufficient ability, and equal dignity: So that the public is deprived of a most uiseful servant. And the matny amiable virtues which adorned his private
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the agent to acknow: Rec' of his sev" Letters of i9th Novr, I764, station, whilst they consecrate his memory among his friends, dependants, and acquaintance, mark his death as a calamity to be lamented by the unfortunate anid indigent who were wont to be relieved and cherished by his humanity and liberality." His natural abilities, and genial temper, united to the two offices he held, made him long onie of the most influential nmen in Virginia. This easy and generous disposition caused him to be a careless guardian of the public funds, and at his death he was found to be a defaulter for about ,?roo,oou. Much of this was on account of moniey he had loaned to friends. Ultimately the whole was repaid from his great estate. He married (1), Story; (II), Lucy, daughter of Augustine Moore, of "Chelsea;" (II), Susanna, daughter of Colonel John Chiswell. His onily descendants are through his daughter Susanna, who married Robert Nelson, of "MNlalvern Hill," Henrico county. ? Peyton Randolph, of Williamsburg, born 172I, died September 22, 1775, was member of the House of Burgesses for William and Mary College of Williamsburg from 1748 to 1775, continuously; Attorney- General 1748-1766, and Speaker of the House of Burgesses 1767-1775. He was President of the Convention of March, 1774 and 1775, and that of July in the latter year, but resigned the position in August on account of bad health. Was President of the Continental Congress in 1774 and 1775. He married Elizabeth, sister of Benjamin Harrison, the signler of the Declaration of Inidependence, but had no issue. ** Richard Bland, of "Jordan's," Prince George county, born May 6, 17IO, died October 26, 1776. He was a member of the House of Burgesses 1742-1775, continuously; of the Conventions of March, July and December, 1775, and May, 1776; elected member of the Colonial Committee of Correspondence in 1773; of the Committee of Safety 1775, anld of Congress 1774, and re-elected in 1775. Throughout the events producing the Revolution he was one of the leaders of the colony. He was author of " A Letter to the Clergy on the Two-penny Act" (176o), and " Ani Inquiry into the Rights of the British Coloniies " (1766). He married Ann, daughter of Peter Poythress. t t George Wythe, born 1726, in Elizabeth City county, died June 8, i8o6, in Richmond; was a member of the House of Burgesses for Williamsburg 1754-1755, for William and Mary College 1758-1761, and for Elizabeth City couinty 176 1-1768. He appears at the date last mentioned to have retired for some years from public life, and held no other office until elected to Congress. He was a member of that body in 1775 and 1776, and signed the Declaration of Independence. He was chancellor of the State of Virginia and first professor of law in William and Mary College.
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Feb. 7th and i6th, April 4th, and May Ist, 1765. To apprize See biographical sketch prefixed to B. B. Minor's edition of Wythe's Reports, and William and Mary Quarterly, II, 67-69. I t Lewis Burwell, of " Kingsmill, " James City couinty, member of the House of Burgesses for that county from 1758 to 1775, continuously. He married Frances, daughter of Edwin Thacker, of Middlesex county, and is said to have died in 1784. D Dudley Digges, of York county and Williamsburg, was born 1729, and died June 3, 1790. He was a member of the House of Burgesses for York county 1732-1774; of the Convention of 1775-1776; of the Committee of Correspondence and Safety and of the State Council I 776-1780, &c. He married, first, Martha Armistead; second, Elizabeth, daughter of Ralph Wormeley, of " Rosegill," Middlesex county. 0 Robert Carter, of "Nominy Hall," Westmoreland county, born 1728, died Mlarch 4, 18o4, in Baltimore, Md. He was appointed to the Council in 1758. It is believed that shortly before the Revolution he retired from public life and devoted his time to the management of his estate, and to books anid music. After the war he freed most of his slaves, several hundred in number, and removed to Baltimore. He married Frances, daughter of Hon. Benjamin Tasker of Maryland. In regard to him, see the " Diary of Philip Fithian " (Princeton Uniiersity Press), who was a tutor at Nominy Hall just before the Revolution. 0 0 Robert Carter Nicholas, born 1715, died 1780; was a member of the House of Burgesses 1764-1776, Treasurer 1766-1776, member of the Revolutionary Convention, of the House of Delegates 1777-1779; Appointed Judge of the Court of Chancery, and Judge of the Court of Appeals of Virginia. He married Anne, daughter of Col. Wilson Cary, of " Ceeley's " and " Richneck," and was the fatherof W'ilson Cary Nicholas, Governor of Virginia, anid U. S. Senator, and of George Nicholas, so distinguished in Kentucky. It has been deemed proper to give sketches of the ptublic services of the men who formed the Committee of Correspondence of 1764-'65, because their selection as members of that body by the Council and House of Burgesses, shows that they were considered as among the leading men of the two branches of the Assembly. They were, indeed, types of the men who were at the head of aflairs in Virginia just prior to the Revolutionary movement. They were men devoted alike to England and to the rights of the Colonies, and all of them of good character, liberal education, for the time, and of large estates. Blair was educated in Scotland ; the two Nelsons, it is believed, at WVilliam and Mary, as was Peter Randolph. Robinson was probably educated in England, and Peyton Randolpli studied at William and Mary and the Tem-
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him of a spurious Copy of the Resolves* of the last Sess. of Ass. on hearing of the Stamp act being dispersed abt & printed in the News Papers, & to send him a true copy of the Votes on that occasion properly authenticated, to prevent any ill Impress8 from the Spurious copies. To advise him of the Act for continuing him in office, & to thank him for his care & attento to the Intr of America notwithstanding the fatal stamp. Sept. I9. Letter read and signed by: J. Blair, W. Nelson, T. Nelson, Peyton Randolph, Peter Randolph, G. Wythe, R. C. Nicholas, L. Burwell, D. Diggs, Jun. Resolved, That the first adventurers and Settlers of this his Mlajesty's Colony and Dominion of Virginia, brought with them and transmitted to their posterity and other his Majesty's Subjects since inhabiting in this his Majesty's said Coloniy, all the Liberties, Privileges, Franchises and Immunities that have at any Time been held, enjoyed and possessed by the People of Great Britain.. Resolved, That by two Royal Charters granted by King James the first, the Colonists aforesaid are declared entitled to all Liberties, Privileges and Immunities of Denizens, and Natural Subjects to all Intents ple; Richard Bland, at William and Mary and Edinburgh; Wythe and Nicholas, at William and Mary, as, it is thought, were Burwell and Digges; while Carter was educated in England. William Nelson and Nicholas were noted for their devotion to the church. In character, education and manner of life, these typical Virginians of the first rank during this period, were as different as it was possible for men to be from the ignorant and debauched creatures which it has pleased various so-called historianns and biographers to picture as representatives of Virginia colonial character. After 1765 new men came forward, and most of the members of the Committee of Correspondence, who remained, became more radical in their views, and were foremost in the Revolutionary movement as they had been in the peaceful period preceding it. Peyton Randolph, Blatid, Wythe and Nicholas, will always hold a high place in our history, and Digges and Burwell, though in minor places, played their parts well. * See Note 3, at end.
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and Purposes as if they had been abiding anid born within the Realm of England. Resolved, That the Taxation of the People by themselves or by Persons chosen by themselves to represent them, who can only know what Taxes the people are able to bear, or the easiest Method of raising them, anld must themselves be affected by every Tax laid on the People, is the only Security against a burthensome Taxation, and the distinguishing characteristics of British Freedom, without which the ancient Constitution cannot exist. Resolved, That his Majesty's liege People of this his most antient and loyal Colony, have without Interruption enjoyed the inestimable Right of being governed by such Laws respecting their internal polity and Taxation, as are derived from their own Consent, with the approbation of their Sovereign or his Substitute, and that the same hath never been forfeited or yielded up, but hath been constanitly recogniized by the kings and people of Great Britain.
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==Article text, April 1903==

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PROCEEDINGS OF THE VIRGINIA COMMITTEE OF CORRESPONDENCE, 1759-'67. From the Originals in the Virginia State Archives. [At the February session, 1759, of the General Assembly of Virginia, Edward Montague, Esq., of the Middle Temple, was appointed the agent for the colony in England, and a committee, termed the Committee of Correspondence, composed of members of the Council and House of Burgesses, was appointed to transact all business with him. The agent was to support before the English government any laws passed in Virginia in regard to which there might be any question of approval, and was generally to represent the interests of the colony in England. Therefore, the correspondence between the committee and the agent must be of value as throwing light on the history of the period. Two letters from the committee, found amnong the Legislative papers, have been published in Vol. IX of this Magazine, pp. 353-360. See same Vol., pp. 355-359 and 364, for a note on the Committee of Correspondence and biographical sketches of its menmbers. Francis Fauquier became governor of Virginia on June 7, 1758, and held the office until his death, on March 3d, 1768.
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Sessions of Assembly were held in September and November, 1758; February and November, 1759; March, May and October, 1760, and March, 176I.] PROCEEDINGS OF THE COM. OF CORRESPONDENCE, MAY 2D, 1759. At a Meeting of the Committee for corresponding with the Agent appointed to sollicit the Affairs of this Colony in Great Britain, held at the Capitol in Williamsburg, May 2d, 1759. Present: The hon'ble William Nelson, Esq', Chairman, the hon'ble Thomas Nelson, Philip Grymes & Peter Randolph, Esq", John Robinson, Peyton Randolph, Robt. Carter Nicholas, and George Wythe, Esq". Resolved, That George Davenport be appointed Clerk of this Committee. Resolved, That a Letter be wrote to Edward Montague, Esq'. the Agent for this Colony, with a Copy of the Act of Assembly appointing him agent: And that a Copy of the Representation formerly sent by the Assembly to Mr. Secretary Pitt, be transmitted to him therewith. Resolved, That Application be made to the Governor for Copies of the several Letters wrote by Mr. Secretary Pitt, in Relation to the Application to be made to Parliament in behalf of this Colony, and that they be sent Home to the Agent to enable him to sollicit for the proportion of Money granted, and to be granted by Parliament, for reimbursing this Colony the Money they have expended. Resolved, That the Agent be instructed to use his Endeavours to get the King's Assent to an Act of Assembly past in the 22d Year of his Majesty's Reign intituled "An Act for settling the Titles and Bounds of Lands, and for preventing unlawful hunting and Ranging." And that the Clerk apply to Mr. Palmer for a Copy of the Reasons that were drawn up in order to be sent home, in Support of the said Act of Assembly. Resolved, That the Agent be instructed not to shew the Act of Assembly for appointing him Agent, before all the Acts passed the last Session of Assembly are transmitted by the Governor to the Board of Trade.
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And as there is some Reason for apprehending Attempts may made for repealing the said Act, that the Agent be directed to use his utmost Endeavours to prevent the same, and be made acquainted with the Reasons of an Agent being appointed by this Colony. Resolved, That the Agent be instructed to use his utmost Endeavours to prevent any additional Duty on Tobacco, and that he be furnished with Reasons for opposing the same. Resolved, That the Agent be instructed to get a Copy of the Account of Mr. Dinwiddie's Disposition of the ?20,000 granted by his Majesty, for the Use of this Colony, which he says he has passed with the Treasury, and that he procure, and send over, Copies of the Vouchers by which the same was passed. Resolved, That the hon'ble William Nelson and Thomas Nelson, Esq-, & John Robinson and Peyton Randolph, Esq", do prepare a Letter to be transmitted to the said Agent, in pursuance of the aforegoing Resolutions. A Copy. GEo. DAVENPORT, Clk. Com. PROCEEDINGS OF THE COM. OF CORRESPONDENCE NOV'R 7,. I759. At a Meeting of the Com. of Correspondence held at the Capital Nov" 7th. 1759. Present: The hon'ble William Nelson, Philip Grymes & Peter Randolph, Esqr6, John Robinson, Peyton Randolph, Charles Carter, Landon Carter & Richd Bland, Esq". It appearing to this Comittee that a Letter hath not yet been sent home to the Agent for this Colony, pursuant to the Resolutions of the former Committees, it is therefore Resolved, That a Letter be prepared to be sent Home to the said Agent. by Mr. Speaker, Mr. Attorney, Mr. Charles Carter, Mr Landon Carter and Mr. Bland, to he laid before this Comnittee at their next meeting. Resolved, That the Gent. appointed to prepare the said Letter be inistructed to inform the said Agent of the Reasons that prev'ailed with the Legislature of this Colony to pass the Act made in the thirty second Year of the Reign of his present Majesty, intituled An Act to enable the Inhabitants of this Colony to dis
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in Money for the ensuing Year. Resolved, That it be a Direction to the Gent. above appointed to prepare the said Letter to the Agent, to omit taking any Notice in the said Letter of the Directions of the former Committee, whereby the said Agent was required not to shew the Act 6f Assemibly of this Colony appointing him to his Office, before all the Acts passed at the last Session of Assembly should be transmitted by the Governor to the Board of Trade; And that they be discharged from furnishing the Agent with Instructions to prevent an additional Duty on Tobacco, as was directed by this Comittee at their fornmer Meeting, it appearing to this Comittee that such a Duty hath already taken place. Ordered, That the Committee be adjourned to Wednesday next at IO o'Clock. A Copy. G. DAVENPORT, Clk. Com. AT A COMMITTEE OF CORRESPONDENCE HELD AT THE CAPITOL NOV'R 14TH, 1759. Present: The hon'ble William Nelson, Thomas Nelson, Philip Grymes & Peter Randolph, Esq'8, John Robinson, Charles Carter, Richard Bland, Landon Carter, George Wythe & R. C. Nicholas, Es;qT'. Mr. Nelson infornmed the Committee that the Revd Mr. John Camm * Minister of the Parish of York hampton hath latelv commenced a Suit at Law against the Collectors of that Parish to recover his Salary in Tobacco, in Opposition to the Act of Ass: made in the xxxiii Year of his Majesty's Reign intituile(i An Act to enable the Inhabitants of this Colony to discharge their public Dues, Officer's Fees & other Tobo Debts in Money for the ensuing Year. He therefore desired the Opinion of the Coni. whether this Matter is not of so public a Nature (whereini the Power of the Legislature of this Colony in making temporary Laws for the public Weal will be called in Question) as to nmerit their particular Attention, and if need be, their Aid & Assistance in contribuLting to the Expences that may accrue in *See note at enid of article.
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defending the said Suit either here [or] in Great Britain, as such Expenses may be to heavy to be borne by that Parish. After Consideration whereof, it. is the Opinion of this Committee, and accordingly Resolved, That this Matter be proposed to the Consideration of the House of Burtgesses, and their Opinion desired there- UPOII. The Commnittee appointed to prepare the Letter to the Agent in pursuance of the Resolutions of the Com. at their last Meeting not having compleated the samie Ordd, That the Com. be adjd to Saturday morning next. SATURDAY NOV'R 17, 1759. Present: The hon'ble W. Nelsoni Thomr Nelson & Ph. Grymnes, Esq"r, Jno. Robinson, Ch' Carter, Rd Bland & R. C. Nicholas, Esq . The Letter to the Agent not being yet finished pursuant to the former Resolute Ordd, That. ye Com. be adjd to Monday morning next. AT A COM. HELD AT THE CAPITOL ON MONDAY I9 NOV'R, 1759. Present: The hon'ble W. Nelson, T. Nelson, P. Grymes & Peter Randolph, Esqr, John Robinson, Rich' Bland, G. Wythe & R. C. Nicholas, Esq"'. The Comn. appointed this day preseinted a Letter they had prepared with Instructions to the Agent agreeable to their foriner ResoluLtions, to which sev' Amendments being proposed & agreed to, Mr. Speaker was desired to reduce the same into form. Ordd, That ye Corn. be adjd till Tomorrow. NoV'R 20TH. Present: As before. Mr. Speaker informing the Com. that he had not suff' time since yesterday to draw up the amendnments proposed to the Letter to the Agent, Ordd, That ye Com. be adjd.till Tomorrow.
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LETTER TQ THE AGENT, DEC., 1759. Williamsburg, Dec" I 2th, 1759. Sir,-The General Assembly of Virginia has by an Act passed the 14th of April, 1759, intituled "An Act for appointing an Agent " a Copy of which is herewith inclosed, been pleased to appoint you the Agent of this Colony, & directed their Treasurer to pay you yearly the Sum of ?50o sterling, in full for your Expenses & Trouble in the Execution of your Duty. The Appointment of such an Officer to represent the Grievances of the People, to justify their Conduct to their Sovereign. to obtain his Approbation & Assent to such Laws as their Rep. resentatives shall think necessary for their Welfare and good Government, to implore his Assistance in the time of Danger and Calanmity, and to protect and explain their Rights & Interest ill Parliament, seem to be the natural Privilege of all Colonies, so far remov'd from their King and Mother Country. Yet the People of this Colony have had the Misfortune allways to be disappointed in . their Endeavours to attain this Right, tho universally claim'd, and enjoy'd by all his Majesty's other Colonies anid have been obliged to depend for these great and important Services on an Agent appointed by the Governor and Council, who for want of the Weight which a national Establishment would have given hinm, the Authority which must necessarily be derived from every Power of the Legislature, the Instructions when and for what Reasons he should interpose, must have beeni very deficient in his Duty, when considered as regarding the whole. Besides sonletimes diflerent Initerests arise ailmongst the different Branches of the Legislature, different Instructions then become necessary; an Agent so appointed is obliged to obey those by whom he is appointed, and by the plainest Consequence in Affairs of the greatest Moment, the Body of the people nmay be left without the Shadow of a Representative. It is to our not having a Representative properly appointed and instructed, that we in a great Measure attribute the passing an Act of Parliament for laying a Duty on our Tobacco, the Staple of this Colony (in the present State of the Tobacco Tr-de, a great Grievance to the people), and the Repeal of several
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Laws, thought to be very saltitary. But these are Misfortunes which can now perhaps be only lamented and not redressed. We being by the same Act apppointed a Committee to correspond with the Agent, must now desire you to take this Office upon you, and that you will take Care allways to he ready to prevent the Repeal of Laws passed by the Legislature, the Reasonis for which, will be from time to time transmitted to you by us; to support any Representations which it may be necessary to make, and for that Purpose will not fail to attend them thro' the several Boards to which they may be referred; To give early Intelligence of anything that may be moved in Parliament, or the Department for American Affairs to this Committee; And in all things relative to this Colony, to use your best Endeavours, according to your Discretion, to protect her Rights and secure her Interest. We must desire you immediately to join in any Solicitations which may be made, for a Grant of a Sum of Money, to reimburse the Colonies, in some measure, for the great Expence they have been at during this War, agreeable to the Promise made by Mr. Secretary Pitt, in his Letters of the gth & 29th of Decenmber, 1758, to the Governor, and by him laid before the Assemiibly, Copies whereof are inclosed. And if any such Grant shall be made, to endeavour to get as large a proportion of the same as the persons appointed to distribute it shall think we deserve; And that you may be able to shew what our Expence has been, we have minuted down the several Sums that have been raised in this Colony, and the Purposes for whlich they were raised in a particular Account * thereof herewith sent, and to which we refer you. Also that youi use your best Endeavours to get the Kinig's Assent to an Act of Assembly passed in the 22d Year of his present Majesty's Reign, intitd "An Act for settling the Titles and Bounds of Lands and for preventing unlawful Hunting and Ranging," which having a suspending Clause, cannot take Effect till this is done. This Act was passed upon the Revisal of all the other Laws of this Colony, and the chief Intention of it was to reduce the sev- * Not found.
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eral Acts relating to the Conveyance, taking up, settling, savinig & cultivating of Lands, into one Act; and also an Act prescribing the method of docking the Intails of Land of no greater Value than /200 sterling, by a Writ, called a Writ of Ad quod Damniuni. To most of the other Acts passed at the same timiie his Majesty was pleased to give his Assent. But this Act was laid by, as we imagine, to be considered, whether his Majesty's Right of granting Land was affected thereby. And as it will appear by the several Amiiendments hereafter mentioned, that nothing of that Sort was intended, or affected by them, we conclude that it is enitirely owing to a want of a proper Application, that his Majesty's Assenit has not, lonig since, been obtained thereto. The several Acts it takes in are as follow: An Act for settling the Titles and Bounds of Land, and for preventing unlawful Shooting & Ranginig thereon. 9 Anne, Cap. 13. An Act to prevent Lanid lapsing from an Infant for not seatinig and planting, or not paying Quit Rents, until three Years after they come of Age. r I Anne, Cap. 4. An Act declarinig what shall be accounited a sufficient Seating, cultivatinig & improving of Lands, already granted, or hereafter to be taken up and patented. 12 Anne, Cap. 13. An Act explaining & further declaring what shall be accounted a sufficient Seating & Improvemenit of to save Lands from lapsing, and for the better Recovery of Lanids lapsed from Persons living out of the Country. 7 Geo. i, Cap. 3. An Act for amending the Act intituled An Act for settling the Titles and Bounds of Lands, and for preventing unlawful Shooting and Ranging thereupon. 8 Geo. 2, Cap. 6. An Act for the better Preservation of the Breed of Deer, & preventing unlawful Hunting. 12 Geo. 2, Cap. 14. An Act for amending the Act intituled An Act for settling the Titles and Bounds of Lands and for preventing unlawfuil Shooting and Ranging thereupon. i8 Geo. 2, Cap. I4. By perusing these Acts, you will find that no Alterations are made by this Act, except in a few Instances. In the Act of the 8 Geo. 2, Cap. 6, which is the Act that
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directs the Method of docking Intails of Land of no greater Value than ?J200 Sterling, these are the Alterations made. i. It directs that the Surveyor of the County where the Land lies, shall survey the Land, in Order to satisfy the Jury, who are sworn pursuant to the Directions of the Writ of Ad quod Damnum, what Land precisely thev are to value. 2. It directs that the Heir shall be summoned, to give him an Oportunity of detecting any Fraud that may be committed on the Execution of this Writ. 3. It confirms the Title of those who had proved their Deeds in the County Court. By the Act of the 8th Geo. 2, Cap 6, the Deeds of Conveyance for the intailed Lands docked under said Act were ordered to be recorded in the General Court. But the Lawyers here were of Opinion, as other Acts gave the County Courts full Jurisdiction to receive the Proof or Acknowledgement of Deeds of Land within their County, that the Purchasers of these intailed Lands might safely prove theit Deeds in those Courts. The Assembly finding that this might occasion many Law-suits, and might possibly defeat the Titles of many fair Purchasers, thought it was agreeable to Justice and Equity to confirm such Titles. This Act of the 8th Geo. 2, was the only Act that had received his Majesty's Assent, anid was the Reason for adding the suspending Clause. The only Alterations made in. any of the other Acts, are in the Act of the 7th Geo. Ist, Chap. 3, by reducing the sum for saving Fifty Acres from Ten pounds to Five, and by limitting the time for bringing Petitions to ten Years, which was not mentioned in either of the above Acts. By our Instruction sent to the Governor of this Colony, the Assembly finds that the Merchants of Great Britain are still dissatisfied with the making Treasury Notes (issued pursuant to the several Acts of Assembly for the Defence of the Colony), a proper Tender for Sterling Debts. Before the Year I748, there was no Law subsisting to direct at what rate of Exchange sterling Debts should be paid. The Consequence of this was that the Sherifs when they levied Money by Execution on Sterling Judgments demanded of the Debtors
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what Exchange they thought proper, to the great Oppression of the people, and without any Advantage to the Person who had ob)tained the Judgm'. The Assembly thought it very proper to put a Stop to such unjust Proceedings, and passed an Act in the Year 1748, 22d Geo. 2, Cap. 12, intituled "An Act declaring the Law concerning Executions and for Relief of insolvent Debtors," by which they directed that all Executions for Sterling Money should be levied at twenty five per Cent., the real Difference of Money, and no more than the Difference of Exchange at the time the Act passed. The Merchants of Great Britain complaining of this Act, and representing that they should be considerable Losers when Exchange should rise above twenty five per Cent., the Assembly took the same into their Consideration, and endeavoured to provide a Remedy which might prevenit any further Murmurs. They considered that as Exchange is a fluctuating thing they could not do Justice to sterling Creditors by fixing the Exchange at any certain Standard. They therefore passed an Act to impower the Courts where JuLdgmnents should be obtained for sterling Money, to settle at the Foot of the Judgment, at wvhat Rate of Exchange the same should be discharged; This will enable the English Merchants to bring their Money Home, without any Loss, let the Exchange rise to what it will, unless the Courts should be guilty of flagrant Injustice by settling the Exchange lower than Bills of Exchange can be purchased for, as it is notoiious they lhave always fixed it at the very highest Rate. One Reason for issuing Treasury Notes was, hecause all the Gold and Silver of the Country had been drawn away by the Armies to the Northward, and it would have been the greatest Grievance that ever People underwent, to make themn receive this Sort of Money for Debts due to them, and not allow them to discharge the Debts due from them in the same, when it was impossible to exchange it for any other; And this as appears from what has been said above is as good as any other to the Merchants in Great Britain. They were under a Necessity of making these Notes or Bills of Exchange a proper Tender for Sterling Debts, and there can be no Doubt that the English Merchants would chuse the former.
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You will, we hope, endeavour to prevent any ill Consequences from these Complaints, and that you may be prepared for that Purpose, we must refer you to the Representation of the Burgesses of Virginia to his Majesty, a Copy whereof is inclosed, anid also to a Paper containing fiurther Reasons on this Subject. You are desired to get a Copy of the Account of Mr. Dinwiddie's Disposition of the /20.000 granted by his Majesty for the use of thic Colony, passed with the Treasury, and to send the same to this Committee with Copies of the Vouchers by which the same was passed. We must refer you to the Representation above-mentioned on this Poinit, by which you will easily discover our Reasons for this Request. Be pleased to take Notice, that this Representation is not to be presented to his Majesty, as it has already been delivered to Mr. Secretary Pitt, and is only intended to instruct yotu in the several Matters now reconmnmended to you. *As we have not seen a certain Remonstrance drawn up by soine Clergymen of this Colony, supported as it is said by the ILord Bishop of London, & presented to the Board of Trade, against an Act of Assembly passed here, intituled " An Act to enable the Inhabitants of this Colony to discharge their public Dues, Officers Fees, and other Tobacco Debts in Money for the ensuing Year," and are unacquainted with any Reports or Determininations that have been made on that, or any other Act of' Assem)bly complained of in that Remonstrance, we cannot give you our Opinion and Instructions so fully on this Head, as we should otherwise chuse. But we persuade ourselves that by stating to you the Reasons that governed in the passing of that Act, you will be sufficiently enabled to remoive the Imputations of Arbytraryness and Disloyalty, which from comon Rumour we collect, have been aimed at in that Remonstrance, to the great Abuse of the Legislature, and Injury of the Country, if it has been in any manner countenanced, as it will be establishing a Precedent for Mal-Contents of every Kind (with which no doubt all Communities abound) to endeavour to weaken one of the principal Instruments of the Civil Power, by private Misrepreseitations of things. * See note at end of artic
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By the Constitutioii which we have hitherto enjoyed, every Act that receives the Consent of the Governor, Council and Burgesses of the (Colony obtains the Force of a Law aimiongst us, until his Majesty shall thinik proper by Proclamation to declare his Disapprobation. And if there are any Acts enideavoured at that iinterfere wich any general or particular Instructioi to the Governior, sLICh (if by a Change of Circumiistanices whiclh are ever fluctuatinig) they are thought benieficial to the Comnmunity, are always eniacted without any Force or Effect as a Law, until his Majesty's Pleasure shall be known, bv a suspendiing Clause in the Act. Further, if his Majesty shall at any timiie think proper to give his Assent to any subsisting Act of Assembly, stuch Act theni obtainis such a Degree of Firminess in the Constitution, as it caninot be altered by anly subsequent Act witlhout tthe concurring Conisent of all the several Branches that conIstituted it. And these Rules of Proceeding have been sacredly observed by the Legislature of this Colony, thro' a dutiful Regard as well to the Royal Autlhority, as to the Preservation of the Constitution. Tobacco is the Staple, and indeed only Coimmodity in the Coutitry, fromii whenlce any tollerable Profit canl arise. To this 'tis to be presumed it is owing, that nmost of our Taxes and Salaries, &c., of a public Nature were made leviable in Tobacco 'till the present War, in which as the immediate Wantof Money made the Emiiission of a paper Currency unavoidable, the Taxes were necessarily laid in Money. that so nmuch of such emitted Paper should aninually be sunk, by repayinlg it into the Treasury fromli whence it was made issuable. The several fees therefore due to the Clerks of the Courts of Justice, and other Officers in this Colony have been fronm long Conitinuance paid in Tobacco. It nmust be observed, that when the Salaries of the Clergy wer-e first settled at I6,ooo lbs. of Tobacco that Commodity was rated at ios. sterling '# hundred, which made their Provision Eighty Pounds sterling per Annunm. In the Year 1748, when the Laws of the Country were revised, the Act which established the Salaries of the Clergy was re-enacted with such Amiendments in their favour, that remioved all Doubts as to their temporal Rights for Want of Iniductioni and indeed greatly added to the Value
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of their Salaries. For as Tobacco was at that time under a public Inspection, and the price of it raised at Market as the necessary Consequence of burning that which was bad, the Assembly gave the Clergy in that Act a further Levy on their Parishioners of four Pounds in the hundred, to answer the Deductions then thought necessary to be made, between the paying into the Warehouses, and receiving the same out again, which you will find called in the Act Shrinkage, an Article paid by all other Claimers whatsoever from the public, which Act amonigst many others received the Royal Assent, without any particular Application from this Colony. This Act, tho' made so much in Favour of the Clergy it seenms has been by them construed into a disloyal Attack on his Majesty's Prerogative, and the Bishop of London, we are informed, has in a Letter to the Lords of Trade, been pleased to represent it as taking a large Stride that Way, because as he says, the Right of Presentation is by the Act taken from his Majesty, and declared to be in the Vestries, tho' it is certain the Vestries always before the passing of that Act enjoyed that Right, and the Design of the Act plainly appears to be, only to extend the time of Presentation from Six Months, as it is in England, to twelve, and the lengthening the time must appear to be extreemly reasonable, when it is considered that from the Scarcity of Clergymen in this Colony, the Parishes generally remain vacant 'til a Minister can be procured fronm England. The Crop of Tobacco in 1758 was so universally short that Petitions from all Parts of the Country were presented to the Assembly, to desire Relief against the possible Exactions of Creditors both public and private. As this was an Evil justly to be dreaded, the Legislature with every prudent Precaution, made all Debts, Fees, Salaries, &C., payable in Tobacco, at the Option of the Debtor, after the Rate of two pence per pound for transfer Tobacco, provided the same were paid within a certain limitted Time, governed by the most early Expectations of the new Crop. And as the time setiled by Law for the payment of the Clergymen's Salaries was so near at Hand, presuning it consistent with the Principles of commion Justice, that every Individual of the Comnmuniity considered as a Creditor, whose Debts must really have arisen from
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the Expectations of common Crops, ought to Restriction, they made no Exceptioni as to the Act in 1748. This, we are informed, has been represented by the Clergy to the Lords of Trade, as a Deviation from the before mentioned Rule of the Constitution and derogatory to the Royal Authority, tho' we can conceive, that on a fair and thorough Examination of the matter, the contrary will appear, and in the unhappy Circumstances the Country was in at that time, be looked upon rather as an Aid to, than a Deviation from that Act. And we have the greatest Reason to be confirined in that Opinion, as several Acts have heretofore been passed for the same purpose, which have from time to time been regularly transinitted to the Lords of Trade, and by them referred to their Solicitor, which certainly would [not?] have been done, had they appeared to their Lordships in the Light they are now represented. The first of these Acts was passed in the 27th Year of his Majesty's Reign, Chap. 8. intituled "An Act for paying the Minister in the Parish of Frederick in the County of Frederick, and of Augusta in the County of Augusta, and of Hampshire in the County of Hamlipsh' One hundred Pounds annually, instead of the Salaries now allowed" Another passed in the sanme Year Chap. Xo. intit" "An Act for allowing the Inhabitants of the Counties of Halifax, Hampshire and Bedford to discharge their public Dues and Officer's Fees in Money instead of Tobacco." And another passed in the 28th Year of his Majesty's Reign, Chap. I7 (I755) intituled "An Act for enabling the Inhabitants of the Counties of Princess Anne and Norfolk to pay their public Dues in noney." These Acts. tho' apparently passed in Favour of the Ministers of the several Parishes, and at the Prayer of some of thenm, have been lately represented by some of the Clergy to their Lordships. in the same unfavourable Light as the Act in 1748, and the Repeal of themii been obtained by their Solicitations, tho' the Ministers for whose Beniefit they were nmade, will be great Sufferers by such Repeal. Another Act also passed in the 29th year of his Majesty's Reign (I755 Chap. 7) intituled "An Act to enable the Inhabitants of this Colony to discharge their Tobacco Debts in Money
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for this present Year," by which the same Provision was made for paying the public Tobacco Creditors in Money, as in the aforementioned Act in I758 now complained of. The Clergy it seems alledge that the Act in 1758 was made only to serve the Rich, and have couloured over their uncharitable Clamour by saying that the Poor would have been more effectually relieved without the Law, because, that as Clergymen, had they been permitted to receive from the Rich the real Value of their Tobacco, they would have been able to have taken much less than two pence per pounnd from the poor; But as essential as Truth may be to their Order, they have in such an Assertion suffered themselves to forget it. The General Assembly was composed of many public Officers. some Claimers from the public, and many Landlords, whose Fees, Claims and Rents were payable in Tobacco, and many of them of greater Amount than the Salary of a Clergyman. How then can this their Argument be reconciled to Truth? Could not each of these rich Men, as they call them, have demanded of their Debtors in the same exorbitant Proportion, as the Clergy should of them, and had they even consulted their own Interest in the Affair, would not the Ballance,-had there been no regulating Law at all-have been greatly in their favour ? And as all other public Officers, Claimers from the public & Landlords (tho' not of the General Assembly) to say nothing of private Creditors who must generally have contracted their Accounts or Bargains under the Probability of usual Crops) must have had a right to partake in this grand Scheme of Extortion, can it be doubted that the poor alone was the Object of the Legislature's Concern ? But to go a little further with this Argument of theirs: Suppose the Clergy alone on Account of the Royal Assent's being obtained to the Act in 1748, had been exempted, and there was indisputably such a general Piety of Disposition amongst tbem, how could this Charity have been extended ? That Act, at the same time it gives their Salaries, directs the method of levying, collecting, &c., of the same, and to have altered it in one Instance must certainly have been as criminal as in another. In this Case, they could only have contracted with their Collectors at a price for their whole Salaries, and it
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would but in most Cases have removed the Method of Exaction from the Clergy to the Collectors: For it must be observed, that tho' the whole Crop of Tobacco made in the Year 1758, was more than sufficient to pay the Ministers' Salaries and other Parish Creditors, who have the same Right with the Clergy under the Law in I748, yet there were Multitudes who did not make enough to answer that Purpose, and those who did make it, could not be compelled to sell to those who had none, the Consequence of which (if no Provision had been made) must have been, that the Collectors would have made Distress upon the poor unhappy Sufferers, and as their Goods & Effects could not be sold for anything but Tobacco, and as there were so few that had any of that Commodity to purchase with, the Goods and Effects must have been either sold at a very low Rate, or remain in the Hands of the Collectors for want of Purchasers, whereby the Poor would have been great Sufferers, and the Clergy not in the least benefited by it. The whole of this therefore is but a thin Varnish, and leaves too much Room to suspect, from the very nature of murmuring in such Cases, that they themselves rather wanted an Oportunity of feasting as largely as they could on all, both rich and poor. These are the Arguments that may be justly brought to vindicate the Legislature, and confute the Complainants; and as it is impossible but they must have known that things would appear in this Light, when impartially examined into, we cannot but think that the Act complained of, is but the studied Occasion of Contention to effect some other Purpose, still latent. We know not how far the Affair may have been carried, or whether the Matter can again be laid before the Lords of Trade or any other Board for a Rehearing, but we hope at least, you may have an Oportunity of removing any injurious Censure that may have been passed, and put a Stop to all future Representations till the Country can be heard on the several Matters of Complaint; And we doubt not but they will appear to be fully justified in their Proceedings both to their King and Country. As the Country looks upon it as their Duty (since the Act of Assembly complained of by the Clergy hath had its Effect) to support the Execution of it, by protecting the Parishes in the Suits that may be brought against them on the Act in 1748, We
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further direct you to employ proper Persons to defend the Vestries or Collectors against any Proceedings that may be carded to England, in a Suit that is just brouight by one Mr. Camm, the Minister of York-hampton Parish in the County of York, and the Expences attending the same will be remitted to you on the first Notice. We have nothing further to add, but to desire of you if it should not be agreeable to you to engage in this Business as Agent, that you will be so kind as to officiate in Behalf of this Country, 'till we can have Notice of your Refusal to appoint some other Gentleman, and in particular to watch and oppose every Attempt that shall be endeavoured at to repeal this Act for appointing an Agent, as we have Reason to ex.pect some Efforts will be made that Way. You are desired to give the earliest Intelligence of any thing that may come to your Knowledge, relative to, or in any manner affecting the Interest of this Colony, and of all your Proceedings in the Execution of the Trust reposed in you, to this Committee, in order to which it is recommended to you to send your Dispatches by the Packet to New York, from whence they may be safely conveyed hither by the Post, if no better Oportunity should offer; And you are further desired to inclose your Dispatches to the Hon'ble William Nelson, Esq', at York Town in Virginia, by whom they will be communicated to this Committee. Weare Sir, Your nmost humble Servants, Wm. Nelson, Thos. Nelson, Philip Grymes, Richard Bland, Ben. Waller, Ro. C. Nicholas, (TO BE CONTINUED) NOTE. Mr. Camm's suit was caused by the passage of the famous "Two Penny Act," which for a number of years produced so much agitation in Virginia.
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The General Assembly at the September session, 1755, induced by the failure of the tobacco crop, and the needs of the colony, arising from the French and Indian War, passed an act authorizing all debts due in tobacco to be paid either in that commodity, or in money at the rate of eighteen shillings and eight pence per hundred pounds. Though some complainits were made there was no legal opposition to this law. Again, in September, I758, for the same reasons, the law was re-enacted, with a provision that it was to be in force for one year. The act provided that it should be " lawful for any person or persons, from whom any tobacco is due by judgement, for rent, by bond, or upon any contract, or for public, county or parish levies, or for any secretarys', clerks', sheriffs', surveyors' or other officers' fees, or by any other ways or means whatsoever, to pay and satisfy the same in tobacco * * * or in money, at the rate of sixteen shillings and eight pence for every hundred pounds of nett tobacco." (Heninig 7, 240.) As the rate fixedl was two pence per pound, the law became known as " The Two Penny Act." The law was general in its provisions; but resistance and objection came only from the parish ministers. Since as early as I696 the salaries of the clergy had been sixteen thousand pounds of tobacco a year, and this amount had been confirmed in 1748 by an act, which had received the King's assent. Two pence per pound was the normal price of tobacco, but in 1755 and 1758 the crops were very sinall and the price went tul) to six pence. The clergy then demanded that they should have the advantage of the rise in the market. Under the royal instructions no law which had received the King's approbation could be repealed by a colonial assembly unless the repealing law contained a clause suspending its action until the King's pleasure should be known. As such a suspension would have nullified the purpose of the act of 1758, the Virginia Assembly omitted the suspending clause. It was claimed by the clergy that the latter act repealed that of I748, and that the violation of the royal instructions in omitting the suspendinig clause rendered the act of I758 null and void. A heated controversy soon began, the leader on the part of the clergy being Rev. John Camm, minister of York-Hampton
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parish, who was answered by Richard Bland and Landon Carter in behalf of the Assembly. Rev. Andrew Burnaby, an English clergyman, who was in Virginia at the time, while disapproving the conduct of the Assembly, condemned the violence of most of the clergy, and their disrespectful treatment of the Governor, and of their Commissary, Rev. William Robinson, who had urged them to moderate measures. A convention of the clergy was held and Mr. Camm was sent to England as their representative. On August IO, 1759, he obtained an order of the Privy Council declaring the act of 1758 illegal and was told that this order would make the act v'id ab initio. He thereupon returned to Virginia and brought suit in York County Court to recover the full market value of his salary. Losing his case in the County Court he appealed to the General Court, where he met the same fate, the latter court holding that the act of 1758 was in force until the date of the King's veto. The persistent clergyman then appealed to the Privy Council in England, but when his case was heard in 1767, it was dismissed on some technicality. It was a common belief at the time that this was a mere pretext, and that the English government was unwilling, so soon after the repeal of the Stamp Act, to give any Colony further cause for irritation. While Mr. Camm's case was pending various other minister's sued their vestries with small results. The most celebrated of these was the " Parsons' Cause " in Hanover county in December, 1762, when Patrick Henry, as counsel for the defendants, first sprung into public note by the eloquence and boldness with which he stated the rights of the people. The long agitation over the " Two-Penny Act," thus ended practically in the entire defeat of the claims of the clergy. It was of more momentous importance than this, for Mr. Henry (Life of Patrick Henry, I, 46) has well summed up the results when he states that not only did the clergy find that " they had greatly weakened their hold upon the public, and had given a fresh impulse to the spirit of dissent already grown strong in the colony; " but also that " the struggle greatly strained the bond between the King and the colonists, and was the prelude to the combat that snapped that bond asunder." For details of these acts and the connected events, see Henry's
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Life of Patrick Henry, I, 28-48; Campbell's History of Virginia, 507-5I8; Cobb's Rise of Religious Liberty in America, io8-iit; Meade's Old Churches andFamilies of Virginia, I, 2i6-225, and (especially for documents showing the clergy's side of the case) Perry's Papers Relating to the History of the Church in Virginia, 434-448, 458-501, 506-5i9. Rev. John Camm was son of Thomas Cariom, of Hornsea, Yorkshire, England. Born in 17I8, he took his B. A. degree at Trinity College, Cambridge, in 1741-42, and came to Virginia in or before I745, when he was minister of Newport Parish, Isle of Wight county. In 1749 he was appoined professor of divinity in William and Mary College, and was its President from I771 to 1777, when he was removed by the Board of Visitors on account of his sympathy with England. He died in 1779, and has many descendants. For account of John Camm and his family see William and Mary Quarterly, IV, 6I-62, 275-278.
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==Article text, July 1903==
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PROCEEDINGS OF THE VIRGINIA COMMITTEE OF CORRESPONDENCE, I759-'67. From the Originals in the Virginia State Archives. (CONTINUED) [DEFENCE OF THE VIRGINIA PAPER CURRENCY.] [Endorsement.] Instructions to the Agent in Defence of the paper Currency * of Virginia, referred to by the Letter from the Com'ee of Cor- respondence of the I2th Decr, 1759. *There is a discussion of the paper money of the Colony of Virginia in Ripley's Finantcial History of Virginzia, pages 153-i62. The author, in conclusion, says that the record of Virginia's first experience with paper money " was on the whole a creditable one." * * * " But we must remember the distress of the times, and the heroic exertions of the colony during the [French and Indian] war. In view of these facts, the moderation and foresight of her statesmen is in marked contrast with the reckliess financiering of some of the other colonies both north and south. " Richard Bland, in a letter written in I771 (and printed in this Magazine,. VI, 127-134), says that the English merchants, at first bitterly op- posed the issue, but that at the time he was writing they were the warm- est solicitors of the Assembly for that very species of money. He also states that of ?75o,ooo treasury notes which were issued during the war,, it was probable that only the amount of ,?6o,ooo was outstanding.
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We are informed that the Merchants of Great Britain are much alarmed at our Assembly's passing some Acts for emitting large Quantities of Paper Money, which is made a legal Tender for alL Debts (the King's Quit-rents excepted) and they are very appre- hensive that they may be great Sufferers thereby, in collecting their Debts due here. These Apprehensions of the Merchants proceed from a mis- taken Notion of our having a Law in force for paying off sterl- ing Debts in Current Money at 25 # Cent Exchanige. No Loss can arise to the Merch"' from making this paper Money a legal Tender for Sterling Debts as the Law now stands, and they are in a much better Condition & less liable to Losses in collecting their Debts, than if nothing but sterling or lawful Money of Great Britain were held a Tender for such Debts, as by the Act of the 6th of Queen Anne, which they so much rely on to be a good precedent in such Case. If this can be shewn, it is to be hoped the Gent in the Trade will be satisfied that there is no Necessity to sollicit their Menmo- rial so far as to procure an Instruction about this Matter. True it is, that before this War, and when Exche was rarely above 25 e Cent, we had a Law to settle the payment of Judg- ments for Sterling Debts at that Rate, and it was passed to pre- vent Disputes about the Exchange, and as a Direction to the Sherifs in levying Executions on these Judgments. There was likewise a further View; to prevent Creditors from taking an un- reasonable Advantage of the Necessity of the Debtor for his forbearing to execute the Judgenient perhaps io or I5 et Cent above the then Current Exchange which, as it was a kind of Traffick about Bills of Exche did not come under the penalties of our Laws against Usury or at least was hard to be come at, & pun- ished by them. But when at the breaking out of the present War, Exche began to rise, or rather it was forseen that it would do so, and it was found that Injustice would be done to many, especially the Merchants in Great Britain, if that Law remained in force, it was repealed by an Act of the 28th Geo. 2d, intituleci "An Act*to amend an Act intituled An Act declaring the Law concerning Executions, & for the Relief of insolvent Debtors *Hening, VI, 478.
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and for other purposes therein Mentioned." The preamble of which shews its Intention to take care of the Merchants Interest, and the principal enacting Clause is " That in any Action which hath been or shall be commenced, and is or shall be depending for the Recovery of any sterling money, in any Court of Record within this Dominion, wherein the plaintif or plts. shall recover, sdch Court shall have power, and are hereby directed by Rule to be entered at the foot of their Judgment in such Action, to order such Judgment to be discharged or levied in Current Money, at such a Difference of Exchange as they shall think just, any Law usuage or Custom to the contrary thereof in any wise not- withstanding." And what rate of Exche can a Court under the Direction of this Act think just, but that which is current at the time of entering the Judgment, or such a one, that the Merchant may have his whole Debt remitted to him, without those Losses they so much apprehend? If our notable Agent * at the other End of the town had known and stated these things to the Merchants, they would hardly have thought it necessary to present any Memorial about it. And this it was his Duty to have known and done, as he nas an Allowance of ?200 # Annum to negotiate the Affairs of the Country; And these Acts above mentioned are regularly trans- mitted, as he knows, to the Board of Trade, and were remaining in that Office at the very time the Memorial was presented. But it may be thought that the greatest Difficulty is yet to come, Vizt. to obviate the heavy Complaint-and that which seems to carry weight at first View, that the Assembly have passed a a Law, ex post Facto, to declare paper Bills of Credit a good Tender even for sterling Debts contracted before the passing such Law, whereas the Merchants think that nothing less than sterl- ing or lawful money of Great Britain, should be allowed to be a good Tender, agreeable to the Act t of the 6th of Queen Ann especially for such precontracted Debts. This is to be done, and ? James Abercromby, agent for Virginia from January, 1753, to January, 1758, and for the Governor and Council only until 1773. See note Din- widdie Papers, I, 37-38. tThis probably refers to the act of gth Anne, October, 1710, Iening, III, 502.
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at the same time, it is to be shewn, that the Merchants are in a better Condition, and less liable to Losses in receiving their sterl- ing Debts under our Laws, than they would be, if nothinig but sterling or lawful Money of Great Britain were held a Tenider. For this purpose let us suppose that a Merch't in London ob- tains a Judgment here for fioo sterling, the Debtor is obliged by the 6th of Queen Ann, and therefore procures /ioo sterling or lawful Money of Great Britaini, & pays this Debt; Now this Sum being only of equal Value to /125 Curr't Money; and Exch'e beinig now at 35 e C't (and in War ti'me it is rarely lower), the Agent here must in that Case give /ro Curr't Money nmore to purchase a Bill of Exchange to remit this Debt to his principal, which /io is so much real Loss to the Mer- chant; whereas by the Provision of our Law, no such Loss is incurred, but the Creditor hath his whole /I35 decreed to him, with which a Bill is bought and the full Debt remitted. Thus it is hoped the proposition is proved, and that our Leg- islature have conceived just Apprehensions of the Interest of the Merchants, and all other Creditors for Sterling Debts, and have made a proper provision for their Security. But to set this Matter still in a stronger Light: The Merchants in their Memorial quote the provisions in the Act of the 6th of Queen Anne, that even foreign Gold and Silver Coin, nmade current by that Act, was not to be held a legal Tender for ster- ling Debts, nmuch less ought paper Bills of Credit, which are, they say, of a local, uncertain and fluctuating Value. But give us leave to tell them, that if they had no better Dependance than that Act affords for collecting their sterling Debts, they might be great Sufferers indeed; For tho' that Act, when it was made, and for maniy years after was a good provision for them in that Respect (nothing but sterling or lawful British Money being a legal Tender for sterling Debts) inasmuch as the Ex- change then current here was under the Rate settled by that Act, vizt 25 # Cent, or one shilling passed for I s. 3d, but since Exchange hath been higher than that, which is always the case in time of War, a Tenider exactly agreeable to that Act, would occasion a Loss to the Merchants of so much as 25 If cent falls short of the highest Exchange, viz' IO, I5 or perhaps 20 7 cent.
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Let it be observed, that however contemptibly the Merchants look upon this paper Money, as of a local, uncertain and fluc- tuating Value, yet it is enmitted on such Funds that every one is glad to receive it in any kind of payment, and Exchange is now 1o F Cent lower than it was last War, when we had nothing current but gold and silver Coin, a Circumstance very favourable to the Credit of our paper. And altho' the King's Quit rents as the Merchants rightly observe, are not payable in paper, by that Act, that was done, because his Majesty had by Instruction to the Governor and Officers of his Revenue, directed them to be received only in Sterling, or Gold and Silver Coin at a cer- taini Rate, which Instruction, the Governor durst not contravene by including them in the Act, yet the Receiver General never -refuses paper Money for the Quit rents, because he can readily procure Bills of Exchange for it. [SECRETARY PITT'S LETTER TO THE GOVERNOR OF VIRGINIA.] [Endorsement. ] Copy. Mr. Secretary Pitt's * Letter to the Lieutt Gov" of Virginia of 9 Dec", 1758, referred to by the Come of Correspond- ence in their Letter to the Agent of the 12 Decr, '759. White Hall, gth Decr, 1758. (Triplicate.) Sir,-His Majesty having nothing so much at Heart as to imn- -prove the great and important Advantages gain'd the last Cam- pain,t as well as to repair the Disappointment at Ticonderoga, and by the most vigorous and extensive Efforts to avert, by the Blessing of God on his Arms all Dangers which nlay threaten North America from any future Irruptions of the French; And the King not doubting that all his faithful and brave Subjects there, will chearfully co-operate with and second to the utmost, * William Pitt, appointed Secretary of State of England in '757. t During the summer of 1758 Louisburg and Fort Frontenac were cap- tured from the French and Fort Du Quesne was occupied on November 25, but the news of this last capture had hardly been received in Eng- land when Pitt's letter was written. In July the English forces under Abercromby were defeated before Ticonder
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the large Expence & extraordinary Succours supplied by this Kingdom for their preservation & Defence; And his Majesty considering that the several provinces from Pensylvania inclusive, to the Southward, are well able, with proper Encouragements to furnish a Body of several Thousand Men * to join the King's Forces in those parts for some offensive Operations against the Enemy; And his Ma'ty not judging it expedient to limit the Zeal and Ardour of any of his provinces, by making a Reparti- tion of the Forces to be raised by each respectively for this most important Service. I am commanded to signify to you the King's pleasure that you do forthwith use your utmost Endeavours & Influence with the Council and Assembly of your province, to induice them to raise with all possible Dispatch within your Gov- ernment, at least as large a Body of Men as they did for the last Campaign, and even as nlany more as the Number and Situation of the Inhabitants may allow, and forming the same into Regi- ments as far as shall be found convenient. That you do direct them to hold themselves in Readiness, as early as may be, to march to the Rendezvous at such place or places as may be named for that purpose by the Commander in Chief of his Majesty's Forces in America, or by the Officer who shall be appointed to command the King's Forces in those parts in order to proceed * During the French and Indian war Virginiia kept constantly in service one, and sometimes two regiments of colonial regulars, in addition to companies of rangers, and to large bodies of militia which were fre- quently called out. Lists of some of the militia may be found in Hening, VII, 21-25, 179- 231, VIII, 126--133. In the same work, VII, 493, is a list of the officers. of Byrd's regiment as they stood at the time it was disbanded in 1763. In the Virginia Magazine of History and Biography, I, 378-390; II, 37- 49, 143-153, are rosters of various Virginia companies from the " Wash- ington Papers " in the State Department, Washingtpn. There is in the Virginia State Land Office a large number of certificates filed with appli- cations for land bounty under the royal proclamation of 1763. These cer- tificates have recently been copied for this Society and have been bound in two large indexed volumes, comprising 587 pages. Among the names. are those of about 128 officers and 6r5 privates and non-commissioned officers. It is evident that a large number of certificates are missing or that many.privates did not apply for land. There are also in the Land Office three books containing lists of grantees of land under the Proclamation of 1763.
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from thence, in Conjunction with a Body of his Ma'ty's British Forces, and under the supreme Command of the Officer to be appointed as above, so as to be in a Situation to begin by the first of May, if possible, or as soon after as shall be any way practicable, such offensive Operatious as shall be judged by the Commander of his Majesty's Forces in those parts most expe- dient for annoying the Enemy, and most efficatious towards re- moving and repelling the Dangers that threaten the Frontiers of any of the Southern Colonies on the Continent of America. And the better to facilitate this important Service, the King is pleased to leave it to you to issue Commissions to such Gent of your Province, as you shall judge from their Weight and Credit with the people & their Zeal for the public Service may be best disposed & enabled to quicken and effectuate the speedy levying of the greatest number of Men, in the Disposition of which Com- missions I am persuaded you will have nothing in View but the Good of the King's Service, and a due Subordination of the whole, when joined to his Majesty's Commander. And all Offi- cers of the provincial Forces, as high as Colonels inclusive, are to have Rank according to their several respective Commissions agreeable to the Regulations contained in his Majesty's Warrant of the 30th of December last Year. The King is further pleased to furnish all the Men so raised as above with Arms, Ammunition and Tents, as well as to order provisions to be issued to the same, in the same proportion and manner as is done to the rest of the King's Forces; And a suffi- cient Train of Artillery will also be provided at his Majesty's Ex- pence, for the Operations of the Campaign. The whole there- fore that thre King expects and requires from the several provinces is, the levying cloathing and pay of the Men; And on these Heads also that no Encouragement may be wanting to the fullest Exertion of your Force; his Majesty is further most graciously pleased to permit me to acquaint you that strong Recommenda- tions will be made to parliament in their Session next Year to grant a proper Compensation for such Expences as above, ac- cordingly as the active Vigour & strenuous Efforts of the respec- tive provinces shall justly appear to merit. It is his Majesty's pleasure that you do, with patticular Dili- gence, imnmediately collect and put into the best condition all
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the Arms issued last campaign, which can be any ways rendered serviceable, or that can be found within your Government, in ordet that the same may be employed as far as they will go in this Exigency. I am at the same time to acquaint you, that a reasonable Sup- ply of Arms will be sent fronm England, to replace such as may have been lost, or have become unfit for future service. I am further to inform you, that similar Orders are sent by thiis Conveyance, to Pensylvania, Maryland, North Carolinaand South Carolina. The Northern Governments are also directed to raise Men in the same Manner. to be employed in such offen- sive Operations as the Circumstances and Situation of the En- emy's Possessions in those parts may point out, which it is hoped will oblidge them so to divide their Attention and Forces, as will render the several Attempts more easy & suc- cessful. It is unnecessary to add anything to animate your Zeal in the execution of his Majesty's Orders on this great Occasion, where the future Safety and Wellfare of America, and of your own province in particular, are at stake, and the King doubts not fromn your knowni Fidelity and Attachment, that you will employ yourself with the utmost Application and Dispatch in this urgent and decisive Crisis. I am, Sir, Your most obedt h'ble Serv', W: PITT. Lieut. GoVr of Virginia. [SECRETARY PITT'S LETTER TO THE GOVERNOR OF VIRGINIA.] [Endorsement.] Copy. Mr. Secretary Pitt's Letterof 29th Decr, I758, to the GovT of Virginia-referred to by the Comee of Correspond?e in their Letter to the Agent of Decr I2, 1759. (Duplicate.) Whitehall, 29th Decr. I758. Sir,-In transmitting to you the inclosed Triplicate of my Letter of the gth Instant, I have the King's particular Com- niands to renew and enforce in the strongest Manner the Neces-
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sity of a punctual Compliance with the Orders therein contained, and you will accordingly urge in the most expressive Terms to the Council and Assembly of your Colony, the Importance of their exerting themselves in the present critical and decisive Moment, in whlich their own Interests and Security are so nearly concerned, that it would seem superfluous to add the further Motives of their Duty to the King and of the Gratitude they owe to this Country, for the very Expence and Succours sup- plied for their immediate Defence, & for the future Safety of all their Rights and Possessions in America; and the levying the Meni to be furnished by the several provinices without any delay, and in such time that they may not fail to be at the Rendezvous that shall be appointed for them, so as to be ready to commence the Operations by the ist of May. is so essential, as well for pre- venting the extraordinary Efforts which it is supposed the Enemy is preparing to make to stop the future Progress of his Majesty's Arms in America, as for pushing with Success the ensuing Cam- paign, that it is the King's pleasure that you do employ the utmiost Diligence and every means in your power to forward and expedite this Service in the most effectual manner, and to avoid any Disappointment happening from the slowness of the Levies, or from the men, who shall be raised, not proceeding in due time to the Rendezvous. With Regard to the expences incurred by your Colony, for the last Campaign, I am further to acquaint you, that as soon as the Agents of the respective provinces, duly authorized, shall produce the necessary Documents, the same will, without Delay, be recommended to parliament for a reasonable compensation, agreeble to the gracious Assurances which the King was pleased to allow me to give in my Letter of the 30th of December last Year. I am, Sir, Your most obedient humble Servant, W. PITT. Lieutt GoVr of Virginia.
This content
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[Endorsement.] October 7, I 760. Proceedings Council. AT A COMITTEE OF CORRESPONDENCE HELD AT THE CAPITOL, OCTOBER 7, 1760. Present: The hon'ble W. Nelson, T. Nelson & Ph. Gryrnes, Esq"r, J. Robinson, P. Randolph, Chas. Carter, Mr. Waller, Mr. Wythe, Mr. Bland, & R. C. Nicholas, Esqrs. Mr. Nelson communicated to the Committee two Letters lately come to his Hands from Mr. Montague the Agent, which were read, as wasalsoa Copy of Sir Matthew Lamnb's Opinion on the Act for appointing an Agent, which is niention'd in Mr. Monta- gue's Letters. On Consideration whereof it is the opinion of the Comittee that Mr. Nelson be desired to lay the said Letters before the Council in order to obtain the Opinion & further Directions of the General Assembly (now sitting) thereon. The Comittee taking into Consideration that the Letters from the Agent by means of their being directed ptublicly to this Com. mav possibly excite the Curiosity of People into whose Hands they may casually fall in their Passage hither, and so be opened and suppressed or detained, are of opinion and do ac- cordingly direct that in the next Letter to be sent from this Com. to the Agent he be desired to address his future Letters to Mr. Nelson alone, without the Addition of his being one of the Members of this Com. On the - day of October the Proceedings of this Commnit- tee were laid before the House of Burgesses, pursuant to their Orders, and on the 20th October the House of Burgesses came to the following Resolution, vid-[not given]. AT A COM'E HELD AT THE CAPITOL, NOV'R 3, I760. Present: The hon'ble W. Nelson, T. Nelson, Pet Randolph, Esq"r, Jno. Robinson, P. Randolph, B. Waller, Richard Bland,. Esq The sev' Lr from the Agent to this Comee were again read. Resolved that P. Randolph, Esqr, Mr. Atto & Mr. Bland be appointed a Com. to prepare a Lr to Mr. Montague, in wlich they are to inform him of the Rect of his Letters, & that ye Com
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are well satisfied with his Conduct hitherto; that he must hence- forward look upon himself as Agent for this Colony to all In- tents and purposes, & not suffer any other person to interfere with him in ye Execution of his Office; that they notify to him that the Gen' Assembly have passed an Act to explain & amend the Act for appointg him to his office agreeable to Sr Mattw Lamb's opinion laid before ye Lds of Trade, &c. Also, that they inform him of two other Acts passed the last Session-viz: Supply Bill & ye Act for appointing Receivers of the Money granted by Parliamt, &c., &c. That they give him an Account of thie sev' sums of money granted by this Colony during the Course of the War from the Beginning to this time. That they also inform him of the Address & Representation to his Mat' agreed upon by the Council & H. of Burgesses, and desire him to present ye same in the most proper manner-& that in pur- suance of those Acts Bills of Exchane are drawn upon Mr. Aber- crombie by the persons thereby directed, & that if any Difficulty shd attend the procuring paymt of those Bills he use his utmost Endeavours to remove them, and also furnish him with Reasons & Arguments for supporting them effectually & that they advise him to have Recourse to the sev' Acts of Assembly therein par- ticularly mentioned. That he be likewise told the Govr has ac- quainted this Com. that he has wrote to him to desire his Assis0e to wipe off any Odium he may be under or any Asper- sion thrown on him for giving his Assent to the sevl Acts of Ass: of this Colony lately repealed by his Majesty, & that this Com. desire he will to his utmost assist his Honr therein. Ordd, That the Clerk prepare another Copy of the former letter & Instructions & other Papers sent Home therewith; Also 3 Copies of the three Acts above mentioned properly authenti- cated under the Seal of the Colony, and as many Copies of the Address & Representation to his Majesty. AT A COM'E HELD THE 6 NOV'R, 1760. Pres: The hon'ble W. Nelson, T. Nelson, P. Grymes & Pet. Randolph, Esqru, J. Robinson, B. Waller, G. Wythe & R. C. Nicholas. The Com. appointed presented a Letter they had prepared
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for the Agent agreeable to the sev' Resolutions of the last Comee which, with some Anmendments now made, was agreed to. Ordd, That the same be fairly transcribed immediately, and that two other farir Copies be also prepared with all Dispatch, to be sent home by 3 sev' diff' Ships. Ordd, That the C'lk prepare a fourth Copy of the first Lr and Instructions & the sev' Papers therein ment4 & refP to, to be senit home by the first Ships, the Comi. being inform'd that ye two first already sent are taken. The L this day agreed to is as follows: [LETTER TO THE AGENT.] [Endorsement.] Second Letter to the Agent, Nov. sth, 1760. Wm5burg, Nov. 5th, I760. Sir,-Yours of the first and twentieth of May & nineteenth of July have been receiv'd by the ComLL & laid before the Gen- eral Assembly. Your Readiness in accepting the Agency, we are to acquaint you, gave them no small Pleasure, as they have ye imost sanguine Expectations that great Advantages will be derived to this Colony, from your Weight & Influence. Your asserting your Right as Agent, particularly in the Affair relating to the Money voted by Parliament, was highly approved of. And we were no less pleased with your immediate Resolution to give up your Claim to any Advantage arising from the Rec't of that Money, as soon as you thought any Delay in the remitting it might possibly be a Prejudice to this Colony. Prom this step, we are persuaded, that you will on every occasion prefer the Good of the People you represent to any private views. We think you judged very right in refusing to sign the Papers offer'd to you by Mr. Abercrombie, as you are by no Means to look on him as Agent for Virginia, but to consider yourself as such to all Intents & Purposes, & not to sufler any other Person to interfere with you in the Execution of your office. However, it is not our Intention to restrain you from joining Mr. Aber- crombie, or aniy other Gent. in any Sollicitation that may prob- ably be for the Benefit of this Colony. The Governor* having inform'd the Comee that he has wrote * Francis Fauquier, Governor of Virginia, June, 1758-March, 1768.
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to you, desiring you to join Mr. Abercrombie in removing any ill Impressions the Ministry may have of him, on his giving his Assent to several Laws, which have been judged to be contrary to his Majesty's Instructions, & consequently repeal'd by his Royal Proclamation, we earnestly recommend it to you to con- tribute every thing in your Power to wipe off any Odium he may be under, or any Aspersion thrown on him for passing those Acts. We are the more pressing on this Occasion from the great Esteem we have for that Gent, who in every Instance, of his Administration, has demonstrated his Dutv to his Majesty, and his Affection to the People under his Government. Altho' we must confess that the Governor, in passing those Acts, did not strictly adhere to his Instructions, yet he had no Reasoni to be apprehensive of incurring his Majesty's Displeasure, as former Governors had pass'd several Acts of the same Nature, which hadl never been complain'd of. The General Assembly at the last Session pass'ci an Act* for explaining and anmending an Act for appointing an Agent, which, we flatter ourselves, will remove Sr. Matthew Lamb's Objection. For, we must acquaint you, that it was never the Design of that Act to deprive any Branch of the Legislature of a concurrent Power in the Appointment, or Deprivation of an Agent, nor cou'd we conceive that it wou'd ever be taken in that sense. The Assembly at the same Session pass'd two other Acts,t the one for recruiting & further continuing the old Regiment in the Service of this Colony, and for other Purposes therein men - tioned, the other for appointing Persons to receive the Money granted or to be granted by the Parliament of Great Britaini to his Majesty for the use of this Colony. By a Clause in the former of these Acts the Governor, President & Speaker are authoriz'd to draw Bills of Exchange on James Abercrombie, Esq., to the Amotunt of twenty thousand Pounds Virginia Cur- rency. And by the other Act, the said Governor, President & Speaker are authoriz'd & empower'd to draw Bills of Exchange * Hening, V1I, 375. t Hlening, Vii, 369 and 372. The latter act recites that /52,814.19 had been allotted to Virginia out of the amounit voted by Parliament in 1757 and 1758 for the relief of the American colonies.
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on the sd. James Abercrombie for the Ballance remaining in his Hanids of the several Sums of 632,260. i9 and /20,546 alloted by his Majesty for this Colony. And by the sd. Act you are authoriz'd, directed & empower'd to receive all such other Sum or Sums of Money as already have been or hereafter may be granted by the Parliament of Great Britain to his Majesty for the Use of this Colony, and as you advise us that Mr. Abercrombie has put in his Claim for our Proportion of the last Sum granted to the Americani Colonies, we desire that you will demand any Money he inay have received on that Acct of him; you'll please to inform yourself what Comissions are allowed to the Agents of the other Colonies & advise us thereof that we may be satis- fied Mr. Abercrombie has not imposed on us in his Charge. Copies of the said Acts will be transmitted to you, and in Pur- suance of the two last mention'd Acts, the Governor, President & Speaker have drawn several Bills. We can scarce think that Mr. Abercrombie will not pay due Honor to them as the Method pursued was pointed out by him. But if he shou'd not, you will be particularly attentive to remove his Objections. The Gen' Assembly being under the greatest Concern to find that their Conduct had been misrepresented, & that they had been accus'd of attempting, in many Instances to infringe the establish'd Rules of Government, & to violate the Royal Pre- rogative* have drawn up an Address and Representation to his Majesty, setting forth the Proceedings of the Legislature, by which they hope their Conduct will appear in a more favourable Light. Copies of the Address & Representation by the Direc- tions of the Gen' Assembly are herewith inclos'd, and you are desir'd to present them in the most proper Manner. We refer you to the Reasons in the Representation for the passing the several Acts therein mention'd, which we conceive will be suffi- cient to acquit the Legislature of any sinister or disloyal Inten- tions. But as the Matters contain'd in the latter Part of the Representation are of the greatest Importance to this Colony, & the very being of the Constitution depending thereon, it may be necessary to add some further Observations and Reasons to * This refers to the " Two-Penny Act," regarding the payment of to- bacco debts in money. See April number of this Magazine.
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those contained therein. The Instructions to the Governor of this Colony were given by King Charles the second soon after the Restoration, & have had little Alteration since. By the i6th Article of those Instructions the Governor is directed to pass no Act of a less Continuance than two Years, & no Act repeal- ing or amending any other Act, whether the same has or has not receiv'd his Majesty's Assent, unless a Clause be inserted suspending the Execution thereof until his Royal Pleasure shall be known. So far as relates to the passing Acts for repealing or amending any Act assented to by his Majesty, the Assembly have always paid a due Obedience to his Instructions, but the Instruction relating to the repealing or amending Laws, which never have had his Majesty's Assent, or have been made for a shorter Term than two Years, has never been attended to. And as a proof that this Instruction has not always been enforced even by the Ministry, the General Assembly revis'd our Laws in 1748, when many of them were both alter'd & repeal'd. The Ministry at that Time were so far from disapproving their Con- duct, that they recommended it to the other Colonies to imi- tate their Example. By a Recourse to the Laws, you'll find that the Assemblies have exercis'd this Power ever since the Date of the Instructions so much relied on. And we are per- suaded that this Instruction wou'd not at this Time have been enforced, had it not been for the Clamour of a few dissatisfied Clergy, who preferring their own Interest to every other Con- sideration, have not hesitated by their cunning & artful Insinu- ations, & by their false & scandalous Representations to blacken the Character of the Legislature of this Colony. Upon this factious Complaint of the Clergy his Majesty has been pleas'd to send an Additional Instruction to enforce that old Instruction, which has been so long consider'd as obsolete, By which the Governor, who is on every Occasion desirous of promoting the Interest & Happiness of this Colony, thinks himself restrain'd from passing any Act contrary to the Letter thereof. And it is apparent that if he shou'd adhere thereto, the Privilege of mak- ing Laws, which all his Majesty's Colonies have, & ought to enjoy, will be abridg'd, & in a great Measure abolish'd. For all Countries are liable to such Changes & Accidents, as require the immediate Interposition of the Legislature, And no less t
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an infallible Power can form Laws so perfect that they may not afterwards stand in Need of Alterations or Amendments. You can easily suggest the many Inconveniencies we must necessa- rily labour under, by being oblig'd to suspend the Execution of any Act, let ye emergenicy be ever so great, till his Majesty's Pleasure can be known. It is well known, that we have been in a state of War ever since the Year I753; that we have been under a Necessity to make annual Provision for our Troops, and to guard against the various & unforseen Events which ml]ust happen at such a Time; That an Aninual Provision must be made to prevent Mutiny & Desertion, neither of which can be done if we are restrain'd by Instructions from passing such oc- casional Laws. And it is remiarkable that one of Sr. M. L's Objections to the Act for appointing an Agent is to its Continu- ance for 7 Y'rs, & he recommends the passing an Act for this ppurpose from yr to Year, at the very time that his Mat'y is en- forcing the Instruction above mentioned. In the Year 1705 An Act* pass'd for paying the Burgesses one hundred & thirty Pounds of Tob? & Cash e Day for their Wages. At that Time this was equal to ten shillings # Day, but Tobo having since greatly advanc'd in Price the Burgesses have scarce ever fail'd to pass an Act for paying their Wages in Money at ten shillings ' Day in Lieu of Tob?. This was (lone for the Ease of the People & may convince anv impartial Person that the Burgesses have not always acted upon self'interested Principles. This late Instruction restrains the Assembly from giving up even their own Rights. Having furnish'd you with every Argument that occurs to tus otn this Occasion, except such as are already made use of in the Representation, we have only to desire you to use your utmliost Endeavours either to have this Instruction counternmandedi or alter'd in such a Manner that it mav not so sensibly affect the Interest & Liberty of the People of this Colony. You are also to take every Method of justifying the Conduct -of the Gen' Assembly in passitng those Laws so imiuch complain'd of by the Clergy, & repealed by his Majesty's Proclamation. From the- Reasonableness of our Request we cannot doubt of your success. *Henitng, IIJ, 244.
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Any Expence attending these Sollicitations will be repaid you. We are, &c. P. S. You'll please to address your future L'rs for the Com'ee to ye hon'ble Wm Nelson, Esqr, alone, & without the Addition of his being a member of this Come. This is thought a neces- sary Caution to secure 'em from ye Inspection of such as might be curious enough to open them. [Endorsement.] PROCEEDINGS OF THE COM'E, MAY 4, 176I. At a Committee held at the Capitol, MaY 4, 176I. Present: The hon'ble William Nelson, Thomas Nelson, Philip Grymes & Peter Randolph, Esqrs; Peyton Randolph, Benjamin Waller, George Wythe & Robt. Carter Nicholas, Esqrs. Mr. Nelson informed the Board that he had convened them to consider of several Matters lately occurred, which he thought required the Care & Attention of the Agent in Gt Britain, vizt.: The Case of Thornton & als vs. Buchanan, & Hamilton, late of London, Bankrupts, & their Assignees & Factors here, in which a Decree passed this prest G' Ct in favr of the Plts. from which the Deft's had pray'd an App' to the King in his privy Council. That this Decree being founded on an Act* of Ass. of this Colony, made in 1744-to wit: "An Act for the Relief of certain Creditors," which is a very beneficial Law to the Subject here, it might be necessary for the Agent to assist in the Debate in England in order to support that Law. Anor thing he proposed to ye Considn of the Board, was an Expression in Mr. Secretary Pitt's last letter to his Honr the- Govr, which he had laid before the Ass., in which the Colony is accused of being remiss in their Duty to his Majesty in not rais- ing a suffi' Number of Men for the Campain in 1760, which point he thought it necessary shd be clear'd up in England. The last point Mr. Nelsoni desired Opinion of the Com'ee in, was the public Complaint of the People for the wt of a Man of War to protect our Coast. * Heoing, V, 244.
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===Page 18===

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On mature Consid0 of these sev' Matters the Committee were of Opinion that the Agent ought to receive Instructions therein & be desired to. Mr. Nelson then presented to the Board a letter which he had previously prepared for the Purposes above mentioned, & the same being read, was with some Amendments approved of, & thereupon it was Ord', that sd Lr be fairly transcribed & that the Cl'k procure authenticated Copies of the sev' Papers referred to by the sd Letter to be transmitted therewith. The Letter is as follows: [LETTER TO THE AGENT.] (Endorsement.) 3d Letter to the Agent, May 4, 176I. Virginia, April 30, I761. Edward Montague, Esqr. Sir,-By the Receipt of our last Dispatches to you by Capt Perry, Via Bristol, you will have seen how very unfortunate we have been, in having the first and second Copies taken by the Enemy. When you received the third, you would have full Instructions in every Matter that it was then necessary to trouble you with, relative to this Colony, Since which some things have occurred which we think require your Care and Attention. There hath passed in this present General Court a Decree in Chancery in Favour of John Thornton and others (the Title is inclosed) against the Assignees of the Estate and Effects of George Buchanan & William Hamilton late of the City of Lon- don Bankrupts, for a very conisiderable Sum, near ?5,ooo sterl- ing, from which Decree the Defend" have prayed an Appeal to his Majesty in his Privy Council; And as this Decree is founded on an Act of our General Assembly, that is extreemly beneficial to the Colony, it is of the utmost Consequence that you use all possible Means to procure an Affirmance of the Decree, & sup- port the Validity of the Act. It is intituled "An Act for the Re- lief of certain Creditors passed Anno i8th of George the second: And that you may be fully acquainted with the Nature of the
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Dispute, it may not be improper to give you a short History of the Act and the Reasons of passing it. About the year I732. the Merchants of Great Britain obtained an Act of Parliament, intit' An Act for the more easy Recovery of Debts in his Majestys Plantations and Colonies in America, which was favourable to them, tho' not to us, as it subjected all our Lands in the Plantations to be taken in Execution and sold as Chattels to satisfy Debts due to Merchants in Great Britain even on simple Contracts, tho' they are not liable for any debt contracted here except by exact accord to the course of ye Common Law. This was thought somewhat hard as the Advantages were not reciprocal, and we had no certain way of recovering our Debts from them, nor could we subject Lands in the plantations belong- ing to merchants residing in Great Britain to the payment of such Debts. To remedy this and to establish one certain regular and uniform method of proceeding in the Recovery of Debts due to the Inhabitants of this Colony from Persons residing out of it, this Act was passed; soon after which, upon a proper Represen- tation of it's Reasonablness and Utility, it obtained the King's Assent, so that now it stands on as good Authority as any Act of the British parliament, and thus confirmed by his Majesty, can't be repealed but by our Assembly with the King's Assent. This is a point that you are to insist upon if it should be disputed. Under this Act we have always attached the Effects of Persons residing out of the Colony, as well as of those of good Credit, as of other dying insolvent, and of Bankrupts. The Assignees in the present Case think that by Virtue of the Statutes concern- ing Bankruptces, they are entitled to all the Effects of a Bank- rupt in Virginia, as well as in Great Britain, in Exclusion of our Rights here, the Unreasonableness and Injustice of which will appear from this Consideration; that the time limited- by the Assignees under a Commission of Bankruptcy for the Creditors to make out their Demands is so short as renders it impossible for us to come in under a Commission & receive any Benefit from it; besides the Effects which the Merchant of Great Britain hath here often gives Credit to his Factor or Agent, who buys large Quantities of robacco, draws his Bills for the payment, and if the Principal happens to break the Bills are protested; And if
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the Assignees prevail in this Case the very Effects here which the planter looked upon as a Security for the payment of the Bills are swept away by them, & he is left to lament the extreem Inequality of the Laws, if they should be so adjudged. You are therefore, Sir, to engage the best Counsel you can to support and defend the Force of this Act, the Expence of which shall be repaid you. You are not to act as a Principal in the Dispute, since the Respondents will send over a Copy of the Decree, and will also employ Counsel to prevent a Reversal. We now inclose you a Copy of the Act, with his late Majesty's Ratification in due Form so that, we repeat it again, no power on Earth can alter the Force of it less than our Assembly with his Majesty's Assent. We have observed in a Letter from Mr. Secretary Pitt to our Lieuten' Governor, which he laid before the General Assembly, he, says that this Colony had been remiss in their Duty to the King, bygrantingsofew MenforthelastCampaign, I76o. This is an Imputation that we expected ouir very liberal Grants for many Years past, even beyond our Abilities, would have secured us from; but we are willing to hope that this Censure of our Conduct arose from Mr. Secretary's forming his Idea of our Number of Men that year from the Returns which General Monckton made to the War Office, in which would appear but little more than 400 Men. But besides these, we had a thousand Men on our Southwestern Frontiers, ready to co-operate with Coll Montgomery against the Cherokees, which were prevenited from acting by the Repulse he met with, and his hasty Retreat in Consequence of it. That you may be able to remove any unfavorable Impressions of us in this Respect, and that you may put in our Claim for a proportion of any Money that was given last, or may be given next Session of Parliament, we now send you authentic Copies of both the Acts,* by which you will see that we have expended * By act passed November, 1759, it was ordered that 400 men of the Virginia regiment should be employed in such manner as the Com- mander-in-chief of his Majesty's forces should direct, and that the re- maining part should be stationed where the Governor of Virginia should appoint (Hening, VII, 331). An act was passed in March, 1760, (Ibid, .317) continuing the Virginia regiment in service, and also providing for retaining in service 3oo men, in addition, who were guarding the fron-
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all that we received of the two first Grants, and we expect there wlll be a large Sum to pay for Deficiences at the End of this Canipain. The last poinit we shall now trouble you upon, is the Com- plaint of the people for Want of a Man of War stationed here to protect our Coasts and Harbours from the Insults of the Enemy's privateers. It is remarkable that the Colony has not for a long Tract of Time been without a Guard Ship or two, "till within these five Years past, we have not had any, except now and then a Ship hath come as Convoy to the Trade, and returned with it, leaving the Coast without any Naval Protection for many Months, and last Summer a small privateer came to the mouth of our most considerable Harbour, cut out a Vessel from the Coast of Guinea of great Value, and carried her off, besides making many other Captures. The natural Way to remedy this, would be by an earnest Application to the Lords of the Admiralty, setting forth the Necessity of some Protection of this Sort, as the Trade is of Consequence and merits some Consideration. You will, there- fore, Sir, use your best Endeavours to prevail with their Lord- ships to order a Ship or Sloop of War, to be always on the Sta- tioin, besides any that may be occasionally appointed as Convoy to the Trade to and from Great Britain. [Endorsement.] PROCEEDINGS OF THE COMMITTEE, I ITH AND 13TH JUNE, 176I, With the 4th L1 inclosed. At a Come held June IIth-, 176I. Present: hon. W. Nelson, T. Nelson, P. Grymes & P. R., Esqrs., Mr. Atto Col. Bland, Mr. Waller, Mr. Wythe & Mr. Nicholas. That Pt of his LT relat'g to an Address of Condol0" complied -with last Sess., The Ass. not sett5 before. tiers. By act of the May session, 1760, (Ibid., 357) 300 men of the Vir- ginia regiment, and an additional force to be enlisted, not exceeding 700, were ordered to the relief of Fort Loudoun, which was threatened by the Cherokees. The acts referred to in the text were, no doubt, two of these.
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The Satisfaction given his Maj'tys Subjects of Virga to hear of his Accessn to the Throne* so much to the Satisfact" of his people. Not to put himself to the Expence of Copies of the Vouchers by w'ch Mr. Dinwiddie passed his Accts. till he hears further from ye Com. That he will endeavour to inforce the Represent" from hence sent him formerly in Regard to the Dispute with the Clergy & the other Matters recommended to him. To be informed it is notorious here that Maryland raised no, Men. That he enforce the Instruct"" given him in the Last Let- ters from hence relative to the Number of Men raised for the last Campain to join Col. Montgomery. And that the Men were under Gen' Amherst's Comm4 & Col. Byrd rec' orders from him. To give him the Opinion of this Com'tee what Articles of Expence in the Execution of his Office will be reimbursed, & what not. That it is the Opinion of the CoMr that a Commissn of IS Y2 Ct will be allow'd him for all Monies he shall receive for the use of this Colony & that he be desired to inform Mr. Abercrombie of this & that it is expected he will re-settle his Accounts agree- able to this Direction, which if he refuses, Mr. Montague must oppose his passg his Acc' in any other Manner at the Treasury. As to Mr. Rowe, it is known whether he is gone home on any particular public Business but that the CoMr look upon his En- quiry into this Matter as an Instance of his Attention to the Interest of this Colony. Not to look upon himself as concern'd in procuring the King's Assent to any private Acts of Assembly, but that it's left to the parties concern'd to emplov whom they please, & that he is at Liberty on Application to solicit any such Acts. Mr. Att?, Mr. Nicholas & Mr. Wythe appointed to prepare the L'. At a Com. held ye 13. The Com. Prest: W. N., T. N., P. G., & R. B., Esq1', Jnv * George III succeeded to the throne on the death of his grandfather in 1760.
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Robinson, Peyton Randolph. G. W., & R. C. N., Gent. Lr read & agreed to & signed by the Members present. LETTER TO THE AGENT. [Endorsement]: 4th L' to the Agent. June 13, 176X. Virginia, June 13th, 176I. Sir,-From your letters of the I5.and igth of Feb. and the 3d and 5th of March, which we have received, we are well pleased to find that your conduct still merits our approbation, and have grounds to hope your attention to your own credit, as well as zeal for the colony's interest, joined with assiduity, patience and perseverance, will render any great share of that influence you disclaim unnecessary to promote the good of your constituents. As Virginia is not inferior to any part of the world in that duty to their present sovereign, which they manifested in every instance to his roial progenitor; so they were not less sensible of that grief which every British heart was afflicted with on the de- mise of his late majesty nor would have been less early in con- gratulating his successor on his accession, but that this ceremony was necessarily delaied 'til the meeting of the general assembly, when an address of the united powers of the legislature was pre- pared which we believe hath been presented. The general testimony that our young monarch is giving daily proofs of his inclinations to add to the glory and felicity of his people will justify our indulging the most delightful prospects of liberty, peace and plenty, and incline us to expect that he will graciously extend his roial and paternal care and protection equally to all his subjects, and redress the grievances of any of them, how remote soever, when properly explained, with his wonted benignity. We need not repeat, and can not add to any thing in our former letters on the subject of the address and representation, and other matters recommended with them to you, not doubting your endeavours to solicit and enforce them effectually, and leav- ing the manner of doing it to your own discretion. If the resolution of the lords of the treasury " to admit no sollicitations from the agents relating to the distribution of the money granted by parliament'" is not unalterable; if they can
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be made acquainted with what we have formerly written on that head; if they knew what is notorious and confessed here, that Maryland did not furnish a single mani for the service in the year 1759, and for seieral years before; and if they were informed that i,ooo of the men levied, subsisted and paid by this colorny last campaign, serving under an officer who received his orders from general Amherst, were intended to have joined his majes- ty's forces under col. Monckton, and would actually have done so, but that they were afterwards, with the general's approbation, directed to assist the forces from South Carolina under col. Montgomery. We say, if these considerations were sufficiently attended to, have we not reason to hope the application of the money would be more justly proportioned to the vigor and strenuous efforts of the " respective provinces ?" When you can procure an audience on the subject of the act of 22 G 2 for settling the titles and bounds of lands, &c., we hope the utility of that salutary law will not be measured by the care and diligence of those who have before sollicited the affairs of this colony. We would not have you put us to an expence for copies of the vouchers of mr. Dinwiddie's account, until we shall have given you further directions, after seeing it. We are obliged to you for the information you have given us concerning the commissions allowed the agents of the other col- onies. We are willing and do agree to allow you what seems to be a reasonable commission, 1 ? per cent. for your trouble in receiving and remitting this colony's proportion of money granted by parliament, and we desire you to inform mr. Aber- crombie of this our resolution, and that we expect he will reduce his charge for that service to the like proportion, or otherwise that we have instructed you to oppose the passing of his account at the treasury. [On the margin is written, "This to be left out. "] We think that gentleman hath not dealt with us as he ought, both in overrating his commission, and in many other articles of disbursements in his account. We should not have objected to reimbursing him his expences in procuring papers, &c., for our use, as we are willing to allow any of yours of that kind. As we do not know that mr. Rowe is charged with any em-
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bassy which can concern this colony, we have nothing more to say in answer to so much of your letter as relates to him than that we regard your precaution as an instance of that vigilance by which we hope all the purposes of any enemies to the tran- quillity and happiness of this country on your side will be de- feated. The sollicitation of the roial assent to any private acts of as- sembly we do not consider as an ex officio business of yours, unless,you have particular directions from us relative to them; but we do not mean to restrain you from doing that office at the request of any parties interested who shall apply to you. Our governor, by a faithful, prudent and steady administra- tion, bath given such universal satisfaction that we think the good of this country concerned in 'preventing any aspersions or ill impressions his conduct may give birth to,' and we be- lieve every well-wisher to it nmost heartily congratulates us on .his being continued in his government. the Treasurer of this Colony to pay you /5?? sterling B Ann. for yor Trouble & Expence in ye Discharge of your Duty in such Office yet, &c. It may not be improper to mention here that tho' the Act for -the appointing an Agent directs (here insert the Words of the Act relative to this point as I have not the Act), yet that it did not mean to subject you to the expences accruing by the procuring of papers & other services of that kind; you will all- waies be reimburs-'d for such, & may charge the country for them in your fuiture Acct. N. B. for fear you should not read my blots I put that part over again to the expences accruing by the procuring of papers & other services of that kind. (TO BE CONTINUED.)
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==See also==
*[[S. Bassett French Biographical Sketch]]
*Other Related Wythepedia Pages

==References==
<references/>

==Further reading==
*E.I Miller, [https://archive.org/details/jstor-1915067/page/n1/mode/2up "The Virginia Committee of Correspondence,"] ''William & Mary College Quarterly'' 22, no. 1 (July 1913), 1-19.

==External links==
*Read this book in [https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fbooks.google.com%2F&data=05%7C02%7Csnblai%40wm.edu%7C8aa76e76940641dac63008de7309c687%7Cb93cbc3e661d40588693a897b924b8d7%7C0%7C0%7C639074682998650757%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=BA8w%2FCHBiUFVXYaqMYq5S1VlmP6MrL3gF5RwnMwBFQI%3D&reserved=0 Google Books.]

[[Category: Biographies (Articles)]]

Proceedings of the Virginia Committee of Correspondence

2026-02-24T16:57:10Z

Gwsweeney:

{{DISPLAYTITLE:"Proceedings of the Virginia Committee of Correspondence, 1759-'67"}}
[[File:VirginiaMagazineOfHistoryAndBiographyApril1903p337.jpg|thumb|right|350px|First page of "[[Media:ProceedingsOfTheVirginiaCommitteeOfCorrespondenceApril1903.pdf|Proceedings of the Virginia Committee of Correspondence, 1759-'67]]," ''Virginia Magazine of History and Biography'' (April 1903), p. 337.]]
Introduction and summary.<ref>Please footnote sources.</ref>

==Article text, April 1902==
===Page 353===

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VIRGINIA LEGISLATIVE DOCUMENTS. Many years ago the older papers forming the records of the General Assembly of Virginia were removed from the office of the Keeper of the Rolls, and deposited, or rather, apparently, thrown in a heap, in the garret of the Capitol. They long remained in this p)lace with the dirt accumulating on them, unthought of and unused, except by Mr. W. W. Henry, who obtained from the mass, much material used in his Life of Patrick Henry. About ten years ago the Legislature placed these records in the custody of the Secretary of the Commonwealth for arrangement and possible publication. They were, accordingly, brought down from the garret, properly arranged in chronological order, and put up in packages; but the removal of the State Library to a new building and a demand for the room in which these records were stored for other use, almost undid the good done by the arrangement. It became necessary to remove them to the new building, where they are packed in such a small space that they are practically inaccessible uintil again examined and arranged. This Society has obtained permission to copy and publish them, and the first installment appears below. These papers consist of petitions, remonstrances, letters, executive communications, rough draughts of bills, &c. There are a few documents of an earlier date than 1774; but the mass of them begin in that year. [The first two papers in this collection are deeds, dated in 1728, conveying a lot of land for a free school in the town of Norfolk. These were printed in the Lower Norfolk Antiquary, I, 78-8I.] Proceedings of Virginia Committee of Correspondence,* 1764. VIRGINIA AND THE ENGLISH "DECLARATORY ACT." At a Committee of Correspondence held at the Capitol December I9, 1764. *See Note i, at
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Present: The hon'ble John Blair, Wm. Nelson, Thos. Nelson and Peter Randolph, Esqr., John Robinson, Peyton Randolph, Richard Bland, Geo. Wythe, L. Burwell & Dud. Digges, Esqr. Mr. Montague's Letter of the 2ISt July, was read & a Letter ordered to inform him of the proceedings of the present Session of Assembly on the Subject of the Taxes * proposed to be laid on the Colonies by the British Parliament & that copies of the Address to his Majesty & the Memoriais to the House of Parliament be got ready to go with the Letter. And the Comn. immediately proceeded to prepare such a Letter, which was done at the Board, signed by all the members present and is as follows: Virga, Dec., 20th, 1764. Sir, We have rec'd your Letter of the 2ISt of July last, & have only to observe with Respect to the Act * * of * * for regulating the German Coin, that his Hon. Gov. has wrote to ye Lo'ds of Trade oni that Subject, tranismitted to themii an answer to the objection raised agaitnst it, in which he was assisted by some of our members & to which we beg leave to refer you. We are now to inlform you that the Genieral Assembly of this Colony met on the Day we mientioned in our last, and immediately took into consideration the Taxation proposed by the British Parliament on the American Colonies, when your several Letters on that subject and the Votes of the House of Comnmonis which you sent us were laid before themn. The Result of their Deliberation on this important Subject, is an address to the King, and memorials to the two Houses of Parliament, in which the Council and House of Burgesses have unanimously joined and directed us to transmit them to you; and we must desire of you to try every possible method of having them properly presented and use your utmost Influence in supporting them. We are under some apprehensions that you will meet with Difficulty in getting the memorial to the Connmons laid before them, as we have heard of their refusing to receive Petitions from the Colonies in former similar Instances. If this should be now the case we think you should have them *See Note 2, at end.
This
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printed and dispersed over the Nation, or the substance of them at least published in such manner as you may think least liable to objection, that the People of England may be acquainted with the Privileges & Liberties we claim as British Subjects; as their Brethren and the dreadful apprehensions we are under of being deprived of them in the unconstitutional method proposed. We have had so many Proofs of your attention to our Interest that we do not entertain the least Doubt of your doing every thing in your Power to assist us in this very interesting Occasion in which we are persuaded you will be heartily seconded by the Agents for the other American Colonies. We are Sir, Yr. mo. hble. Servt", J. Blair,* W. Nelson,t T. Nelson,: P. Randolph,? J. Robinson,II Pey. Randolph,? R. Bland,* * G. Wythe,t t L. Burwell, t + D. Diggs, Jun. ? Proceedings of Virginia Committee of Correspondence, 1765. THE RESOLUTIONS OF MAY 30, 1765. At a Committee held at the Capital the I4 Day of Septmr, I 765. Present: The hon. John Blair, Wm. Nelson, Thos. Nelson & Robert Carter,' Esqr, Peyton Randolph, Geo. Wythe, Robt. Carter Nicholas,?? Lewis Burwell, and Dudley Diggs, Esqr, *John Blair, of Williamsburg, born j686, died November 5, 177, was a nephew of Rev. James Blair, D). D., the first President of William and Mary College, and entered early into public life. He was member of the House of Burgesses for Williamsburg 1736, I738, 1740; Auditor- General 1732-177 1; member of the Council 1743-177 1, and as President of that body was acting Governor January-June, 1758, and March-October, 1768. He married Mary, daughter of Rev. John Monro, and was father of Justice John Blair, of the U. S. Supreme Court See Wiliam and Mary Quarterly, VII, 134-153; VIII, i-i7; and " Blair, Banister and Braxton Families." t William Nelson, of Yorktown, born 171 1, died November I9, 1772. He was a member of the House of Burgesses for York county 1742, 1744; of the Council 1744-1772, and as President of the
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Mr. Atto; Mr. Wythe, Mr. Nicholas, appd to prepare a Letter to acting Governior from October 15, 1770, to August, 1771. He married Elizabeth, daughter of Nathaniel Burwell, of "Carter's Creek," Gloucester county, and was the father of Thomas Nelson, signer of the Declaration of Independence See R. C M. Page's Page, Nelson, &c., Families, 2d edition. I6o- i66; William and Mary Quarterly, VII, 25-30; Meade's Old Churches and Families of Virginia, 1, 205- 210. 4 Thomas Nelson, of Yorktown, Va. (a brother of William Nelson), was born in 1716 and died in 1782. He was a member of the House of Burgesses for York county 1745-1749, inclusive; of the Council 1749-76, and Secretary of State 1743-76. It appears from the Virginia Gazette (Dixon and Hunter's), of May 6, 1775 that he was then President of the Council. His house at Yorktown was for a time Cornwallis' headquarters; btut was destroyed by the bomnbardment. " Secretary Nelson," as he was usually called, was at Yorktown when the siege commenced; but on October 8th, came out to the Americani lines under a flag of truce. A contemporary writer says that he spoke cheerftully to the officers who gathered arotitnd him, and encouraged them by his description of the great damage the shells were doing in the town. He married Lucy Armistead. . Peter Randolph, of " Chatsworth," Henrico county, born 1713, died July 8, 1767; was appointed to the Council in 1751. and was Surveyor General of the Customs for the Middle District of North America. He was probably not in favor of any radical measures iii opposition to England, as Jefferson says that the morning after Henry's resolutions-the first five-were adopted in 1765, he saw Colonel Peter Randolph sitting at the clerk's table examining the journals to find a precedent for expunging a vote of the House. His will is published in Water's Gleanings. He married Lucy, daughter of Robert Bolling, of Prince George county, and was the father of Beverley Randolph, Governor of Virginia. IIJohn Robinson, of " Mt. Pleasant," King and Qtueen county, was born in Virginia, and died in May, 1766. He was a member of the House of Burgesses for King and Queen county 1736-1766, and Speaker of the House and Treasurer of Virginia 1738-1766. The Virginia Gazette for May i6, 1766, contains the following: "On Sunday last died John Robinson, Esq., a member of the General Assembly for the county of King and Queen. He had been almost thirty years Speaker of the Burgesses, every one allowing to his indisputable merit, not the second, but the first place in that House; which post he filled with sufficient ability, and equal dignity: So that the public is deprived of a most uiseful servant. And the matny amiable virtues which adorned his private
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the agent to acknow: Rec' of his sev" Letters of i9th Novr, I764, station, whilst they consecrate his memory among his friends, dependants, and acquaintance, mark his death as a calamity to be lamented by the unfortunate anid indigent who were wont to be relieved and cherished by his humanity and liberality." His natural abilities, and genial temper, united to the two offices he held, made him long onie of the most influential nmen in Virginia. This easy and generous disposition caused him to be a careless guardian of the public funds, and at his death he was found to be a defaulter for about ,?roo,oou. Much of this was on account of moniey he had loaned to friends. Ultimately the whole was repaid from his great estate. He married (1), Story; (II), Lucy, daughter of Augustine Moore, of "Chelsea;" (II), Susanna, daughter of Colonel John Chiswell. His onily descendants are through his daughter Susanna, who married Robert Nelson, of "MNlalvern Hill," Henrico county. ? Peyton Randolph, of Williamsburg, born 172I, died September 22, 1775, was member of the House of Burgesses for William and Mary College of Williamsburg from 1748 to 1775, continuously; Attorney- General 1748-1766, and Speaker of the House of Burgesses 1767-1775. He was President of the Convention of March, 1774 and 1775, and that of July in the latter year, but resigned the position in August on account of bad health. Was President of the Continental Congress in 1774 and 1775. He married Elizabeth, sister of Benjamin Harrison, the signler of the Declaration of Inidependence, but had no issue. ** Richard Bland, of "Jordan's," Prince George county, born May 6, 17IO, died October 26, 1776. He was a member of the House of Burgesses 1742-1775, continuously; of the Conventions of March, July and December, 1775, and May, 1776; elected member of the Colonial Committee of Correspondence in 1773; of the Committee of Safety 1775, anld of Congress 1774, and re-elected in 1775. Throughout the events producing the Revolution he was one of the leaders of the colony. He was author of " A Letter to the Clergy on the Two-penny Act" (176o), and " Ani Inquiry into the Rights of the British Coloniies " (1766). He married Ann, daughter of Peter Poythress. t t George Wythe, born 1726, in Elizabeth City county, died June 8, i8o6, in Richmond; was a member of the House of Burgesses for Williamsburg 1754-1755, for William and Mary College 1758-1761, and for Elizabeth City couinty 176 1-1768. He appears at the date last mentioned to have retired for some years from public life, and held no other office until elected to Congress. He was a member of that body in 1775 and 1776, and signed the Declaration of Independence. He was chancellor of the State of Virginia and first professor of law in William and Mary College.
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Feb. 7th and i6th, April 4th, and May Ist, 1765. To apprize See biographical sketch prefixed to B. B. Minor's edition of Wythe's Reports, and William and Mary Quarterly, II, 67-69. I t Lewis Burwell, of " Kingsmill, " James City couinty, member of the House of Burgesses for that county from 1758 to 1775, continuously. He married Frances, daughter of Edwin Thacker, of Middlesex county, and is said to have died in 1784. D Dudley Digges, of York county and Williamsburg, was born 1729, and died June 3, 1790. He was a member of the House of Burgesses for York county 1732-1774; of the Convention of 1775-1776; of the Committee of Correspondence and Safety and of the State Council I 776-1780, &c. He married, first, Martha Armistead; second, Elizabeth, daughter of Ralph Wormeley, of " Rosegill," Middlesex county. 0 Robert Carter, of "Nominy Hall," Westmoreland county, born 1728, died Mlarch 4, 18o4, in Baltimore, Md. He was appointed to the Council in 1758. It is believed that shortly before the Revolution he retired from public life and devoted his time to the management of his estate, and to books anid music. After the war he freed most of his slaves, several hundred in number, and removed to Baltimore. He married Frances, daughter of Hon. Benjamin Tasker of Maryland. In regard to him, see the " Diary of Philip Fithian " (Princeton Uniiersity Press), who was a tutor at Nominy Hall just before the Revolution. 0 0 Robert Carter Nicholas, born 1715, died 1780; was a member of the House of Burgesses 1764-1776, Treasurer 1766-1776, member of the Revolutionary Convention, of the House of Delegates 1777-1779; Appointed Judge of the Court of Chancery, and Judge of the Court of Appeals of Virginia. He married Anne, daughter of Col. Wilson Cary, of " Ceeley's " and " Richneck," and was the fatherof W'ilson Cary Nicholas, Governor of Virginia, anid U. S. Senator, and of George Nicholas, so distinguished in Kentucky. It has been deemed proper to give sketches of the ptublic services of the men who formed the Committee of Correspondence of 1764-'65, because their selection as members of that body by the Council and House of Burgesses, shows that they were considered as among the leading men of the two branches of the Assembly. They were, indeed, types of the men who were at the head of aflairs in Virginia just prior to the Revolutionary movement. They were men devoted alike to England and to the rights of the Colonies, and all of them of good character, liberal education, for the time, and of large estates. Blair was educated in Scotland ; the two Nelsons, it is believed, at WVilliam and Mary, as was Peter Randolph. Robinson was probably educated in England, and Peyton Randolpli studied at William and Mary and the Tem-
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him of a spurious Copy of the Resolves* of the last Sess. of Ass. on hearing of the Stamp act being dispersed abt & printed in the News Papers, & to send him a true copy of the Votes on that occasion properly authenticated, to prevent any ill Impress8 from the Spurious copies. To advise him of the Act for continuing him in office, & to thank him for his care & attento to the Intr of America notwithstanding the fatal stamp. Sept. I9. Letter read and signed by: J. Blair, W. Nelson, T. Nelson, Peyton Randolph, Peter Randolph, G. Wythe, R. C. Nicholas, L. Burwell, D. Diggs, Jun. Resolved, That the first adventurers and Settlers of this his Mlajesty's Colony and Dominion of Virginia, brought with them and transmitted to their posterity and other his Majesty's Subjects since inhabiting in this his Majesty's said Coloniy, all the Liberties, Privileges, Franchises and Immunities that have at any Time been held, enjoyed and possessed by the People of Great Britain.. Resolved, That by two Royal Charters granted by King James the first, the Colonists aforesaid are declared entitled to all Liberties, Privileges and Immunities of Denizens, and Natural Subjects to all Intents ple; Richard Bland, at William and Mary and Edinburgh; Wythe and Nicholas, at William and Mary, as, it is thought, were Burwell and Digges; while Carter was educated in England. William Nelson and Nicholas were noted for their devotion to the church. In character, education and manner of life, these typical Virginians of the first rank during this period, were as different as it was possible for men to be from the ignorant and debauched creatures which it has pleased various so-called historianns and biographers to picture as representatives of Virginia colonial character. After 1765 new men came forward, and most of the members of the Committee of Correspondence, who remained, became more radical in their views, and were foremost in the Revolutionary movement as they had been in the peaceful period preceding it. Peyton Randolph, Blatid, Wythe and Nicholas, will always hold a high place in our history, and Digges and Burwell, though in minor places, played their parts well. * See Note 3, at end.
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and Purposes as if they had been abiding anid born within the Realm of England. Resolved, That the Taxation of the People by themselves or by Persons chosen by themselves to represent them, who can only know what Taxes the people are able to bear, or the easiest Method of raising them, anld must themselves be affected by every Tax laid on the People, is the only Security against a burthensome Taxation, and the distinguishing characteristics of British Freedom, without which the ancient Constitution cannot exist. Resolved, That his Majesty's liege People of this his most antient and loyal Colony, have without Interruption enjoyed the inestimable Right of being governed by such Laws respecting their internal polity and Taxation, as are derived from their own Consent, with the approbation of their Sovereign or his Substitute, and that the same hath never been forfeited or yielded up, but hath been constanitly recogniized by the kings and people of Great Britain.
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==Article text, April 1903==

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PROCEEDINGS OF THE VIRGINIA COMMITTEE OF CORRESPONDENCE, 1759-'67. From the Originals in the Virginia State Archives. [At the February session, 1759, of the General Assembly of Virginia, Edward Montague, Esq., of the Middle Temple, was appointed the agent for the colony in England, and a committee, termed the Committee of Correspondence, composed of members of the Council and House of Burgesses, was appointed to transact all business with him. The agent was to support before the English government any laws passed in Virginia in regard to which there might be any question of approval, and was generally to represent the interests of the colony in England. Therefore, the correspondence between the committee and the agent must be of value as throwing light on the history of the period. Two letters from the committee, found amnong the Legislative papers, have been published in Vol. IX of this Magazine, pp. 353-360. See same Vol., pp. 355-359 and 364, for a note on the Committee of Correspondence and biographical sketches of its menmbers. Francis Fauquier became governor of Virginia on June 7, 1758, and held the office until his death, on March 3d, 1768.
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Sessions of Assembly were held in September and November, 1758; February and November, 1759; March, May and October, 1760, and March, 176I.] PROCEEDINGS OF THE COM. OF CORRESPONDENCE, MAY 2D, 1759. At a Meeting of the Committee for corresponding with the Agent appointed to sollicit the Affairs of this Colony in Great Britain, held at the Capitol in Williamsburg, May 2d, 1759. Present: The hon'ble William Nelson, Esq', Chairman, the hon'ble Thomas Nelson, Philip Grymes & Peter Randolph, Esq", John Robinson, Peyton Randolph, Robt. Carter Nicholas, and George Wythe, Esq". Resolved, That George Davenport be appointed Clerk of this Committee. Resolved, That a Letter be wrote to Edward Montague, Esq'. the Agent for this Colony, with a Copy of the Act of Assembly appointing him agent: And that a Copy of the Representation formerly sent by the Assembly to Mr. Secretary Pitt, be transmitted to him therewith. Resolved, That Application be made to the Governor for Copies of the several Letters wrote by Mr. Secretary Pitt, in Relation to the Application to be made to Parliament in behalf of this Colony, and that they be sent Home to the Agent to enable him to sollicit for the proportion of Money granted, and to be granted by Parliament, for reimbursing this Colony the Money they have expended. Resolved, That the Agent be instructed to use his Endeavours to get the King's Assent to an Act of Assembly past in the 22d Year of his Majesty's Reign intituled "An Act for settling the Titles and Bounds of Lands, and for preventing unlawful hunting and Ranging." And that the Clerk apply to Mr. Palmer for a Copy of the Reasons that were drawn up in order to be sent home, in Support of the said Act of Assembly. Resolved, That the Agent be instructed not to shew the Act of Assembly for appointing him Agent, before all the Acts passed the last Session of Assembly are transmitted by the Governor to the Board of Trade.
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And as there is some Reason for apprehending Attempts may made for repealing the said Act, that the Agent be directed to use his utmost Endeavours to prevent the same, and be made acquainted with the Reasons of an Agent being appointed by this Colony. Resolved, That the Agent be instructed to use his utmost Endeavours to prevent any additional Duty on Tobacco, and that he be furnished with Reasons for opposing the same. Resolved, That the Agent be instructed to get a Copy of the Account of Mr. Dinwiddie's Disposition of the ?20,000 granted by his Majesty, for the Use of this Colony, which he says he has passed with the Treasury, and that he procure, and send over, Copies of the Vouchers by which the same was passed. Resolved, That the hon'ble William Nelson and Thomas Nelson, Esq-, & John Robinson and Peyton Randolph, Esq", do prepare a Letter to be transmitted to the said Agent, in pursuance of the aforegoing Resolutions. A Copy. GEo. DAVENPORT, Clk. Com. PROCEEDINGS OF THE COM. OF CORRESPONDENCE NOV'R 7,. I759. At a Meeting of the Com. of Correspondence held at the Capital Nov" 7th. 1759. Present: The hon'ble William Nelson, Philip Grymes & Peter Randolph, Esqr6, John Robinson, Peyton Randolph, Charles Carter, Landon Carter & Richd Bland, Esq". It appearing to this Comittee that a Letter hath not yet been sent home to the Agent for this Colony, pursuant to the Resolutions of the former Committees, it is therefore Resolved, That a Letter be prepared to be sent Home to the said Agent. by Mr. Speaker, Mr. Attorney, Mr. Charles Carter, Mr Landon Carter and Mr. Bland, to he laid before this Comnittee at their next meeting. Resolved, That the Gent. appointed to prepare the said Letter be inistructed to inform the said Agent of the Reasons that prev'ailed with the Legislature of this Colony to pass the Act made in the thirty second Year of the Reign of his present Majesty, intituled An Act to enable the Inhabitants of this Colony to dis
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in Money for the ensuing Year. Resolved, That it be a Direction to the Gent. above appointed to prepare the said Letter to the Agent, to omit taking any Notice in the said Letter of the Directions of the former Committee, whereby the said Agent was required not to shew the Act 6f Assemibly of this Colony appointing him to his Office, before all the Acts passed at the last Session of Assembly should be transmitted by the Governor to the Board of Trade; And that they be discharged from furnishing the Agent with Instructions to prevent an additional Duty on Tobacco, as was directed by this Comittee at their fornmer Meeting, it appearing to this Comittee that such a Duty hath already taken place. Ordered, That the Committee be adjourned to Wednesday next at IO o'Clock. A Copy. G. DAVENPORT, Clk. Com. AT A COMMITTEE OF CORRESPONDENCE HELD AT THE CAPITOL NOV'R 14TH, 1759. Present: The hon'ble William Nelson, Thomas Nelson, Philip Grymes & Peter Randolph, Esq'8, John Robinson, Charles Carter, Richard Bland, Landon Carter, George Wythe & R. C. Nicholas, Es;qT'. Mr. Nelson infornmed the Committee that the Revd Mr. John Camm * Minister of the Parish of York hampton hath latelv commenced a Suit at Law against the Collectors of that Parish to recover his Salary in Tobacco, in Opposition to the Act of Ass: made in the xxxiii Year of his Majesty's Reign intituile(i An Act to enable the Inhabitants of this Colony to discharge their public Dues, Officer's Fees & other Tobo Debts in Money for the ensuing Year. He therefore desired the Opinion of the Coni. whether this Matter is not of so public a Nature (whereini the Power of the Legislature of this Colony in making temporary Laws for the public Weal will be called in Question) as to nmerit their particular Attention, and if need be, their Aid & Assistance in contribuLting to the Expences that may accrue in *See note at enid of article.
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defending the said Suit either here [or] in Great Britain, as such Expenses may be to heavy to be borne by that Parish. After Consideration whereof, it. is the Opinion of this Committee, and accordingly Resolved, That this Matter be proposed to the Consideration of the House of Burtgesses, and their Opinion desired there- UPOII. The Commnittee appointed to prepare the Letter to the Agent in pursuance of the Resolutions of the Com. at their last Meeting not having compleated the samie Ordd, That the Com. be adjd to Saturday morning next. SATURDAY NOV'R 17, 1759. Present: The hon'ble W. Nelsoni Thomr Nelson & Ph. Grymnes, Esq"r, Jno. Robinson, Ch' Carter, Rd Bland & R. C. Nicholas, Esq . The Letter to the Agent not being yet finished pursuant to the former Resolute Ordd, That. ye Com. be adjd to Monday morning next. AT A COM. HELD AT THE CAPITOL ON MONDAY I9 NOV'R, 1759. Present: The hon'ble W. Nelson, T. Nelson, P. Grymes & Peter Randolph, Esqr, John Robinson, Rich' Bland, G. Wythe & R. C. Nicholas, Esq"'. The Comn. appointed this day preseinted a Letter they had prepared with Instructions to the Agent agreeable to their foriner ResoluLtions, to which sev' Amendments being proposed & agreed to, Mr. Speaker was desired to reduce the same into form. Ordd, That ye Corn. be adjd till Tomorrow. NoV'R 20TH. Present: As before. Mr. Speaker informing the Com. that he had not suff' time since yesterday to draw up the amendnments proposed to the Letter to the Agent, Ordd, That ye Com. be adjd.till Tomorrow.
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LETTER TQ THE AGENT, DEC., 1759. Williamsburg, Dec" I 2th, 1759. Sir,-The General Assembly of Virginia has by an Act passed the 14th of April, 1759, intituled "An Act for appointing an Agent " a Copy of which is herewith inclosed, been pleased to appoint you the Agent of this Colony, & directed their Treasurer to pay you yearly the Sum of ?50o sterling, in full for your Expenses & Trouble in the Execution of your Duty. The Appointment of such an Officer to represent the Grievances of the People, to justify their Conduct to their Sovereign. to obtain his Approbation & Assent to such Laws as their Rep. resentatives shall think necessary for their Welfare and good Government, to implore his Assistance in the time of Danger and Calanmity, and to protect and explain their Rights & Interest ill Parliament, seem to be the natural Privilege of all Colonies, so far remov'd from their King and Mother Country. Yet the People of this Colony have had the Misfortune allways to be disappointed in . their Endeavours to attain this Right, tho universally claim'd, and enjoy'd by all his Majesty's other Colonies anid have been obliged to depend for these great and important Services on an Agent appointed by the Governor and Council, who for want of the Weight which a national Establishment would have given hinm, the Authority which must necessarily be derived from every Power of the Legislature, the Instructions when and for what Reasons he should interpose, must have beeni very deficient in his Duty, when considered as regarding the whole. Besides sonletimes diflerent Initerests arise ailmongst the different Branches of the Legislature, different Instructions then become necessary; an Agent so appointed is obliged to obey those by whom he is appointed, and by the plainest Consequence in Affairs of the greatest Moment, the Body of the people nmay be left without the Shadow of a Representative. It is to our not having a Representative properly appointed and instructed, that we in a great Measure attribute the passing an Act of Parliament for laying a Duty on our Tobacco, the Staple of this Colony (in the present State of the Tobacco Tr-de, a great Grievance to the people), and the Repeal of several
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Laws, thought to be very saltitary. But these are Misfortunes which can now perhaps be only lamented and not redressed. We being by the same Act apppointed a Committee to correspond with the Agent, must now desire you to take this Office upon you, and that you will take Care allways to he ready to prevent the Repeal of Laws passed by the Legislature, the Reasonis for which, will be from time to time transmitted to you by us; to support any Representations which it may be necessary to make, and for that Purpose will not fail to attend them thro' the several Boards to which they may be referred; To give early Intelligence of anything that may be moved in Parliament, or the Department for American Affairs to this Committee; And in all things relative to this Colony, to use your best Endeavours, according to your Discretion, to protect her Rights and secure her Interest. We must desire you immediately to join in any Solicitations which may be made, for a Grant of a Sum of Money, to reimburse the Colonies, in some measure, for the great Expence they have been at during this War, agreeable to the Promise made by Mr. Secretary Pitt, in his Letters of the gth & 29th of Decenmber, 1758, to the Governor, and by him laid before the Assemiibly, Copies whereof are inclosed. And if any such Grant shall be made, to endeavour to get as large a proportion of the same as the persons appointed to distribute it shall think we deserve; And that you may be able to shew what our Expence has been, we have minuted down the several Sums that have been raised in this Colony, and the Purposes for whlich they were raised in a particular Account * thereof herewith sent, and to which we refer you. Also that youi use your best Endeavours to get the Kinig's Assent to an Act of Assembly passed in the 22d Year of his present Majesty's Reign, intitd "An Act for settling the Titles and Bounds of Lands and for preventing unlawful Hunting and Ranging," which having a suspending Clause, cannot take Effect till this is done. This Act was passed upon the Revisal of all the other Laws of this Colony, and the chief Intention of it was to reduce the sev- * Not found.
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eral Acts relating to the Conveyance, taking up, settling, savinig & cultivating of Lands, into one Act; and also an Act prescribing the method of docking the Intails of Land of no greater Value than /200 sterling, by a Writ, called a Writ of Ad quod Damniuni. To most of the other Acts passed at the same timiie his Majesty was pleased to give his Assent. But this Act was laid by, as we imagine, to be considered, whether his Majesty's Right of granting Land was affected thereby. And as it will appear by the several Amiiendments hereafter mentioned, that nothing of that Sort was intended, or affected by them, we conclude that it is enitirely owing to a want of a proper Application, that his Majesty's Assenit has not, lonig since, been obtained thereto. The several Acts it takes in are as follow: An Act for settling the Titles and Bounds of Land, and for preventing unlawful Shooting & Ranginig thereon. 9 Anne, Cap. 13. An Act to prevent Lanid lapsing from an Infant for not seatinig and planting, or not paying Quit Rents, until three Years after they come of Age. r I Anne, Cap. 4. An Act declarinig what shall be accounited a sufficient Seating, cultivatinig & improving of Lands, already granted, or hereafter to be taken up and patented. 12 Anne, Cap. 13. An Act explaining & further declaring what shall be accounted a sufficient Seating & Improvemenit of to save Lands from lapsing, and for the better Recovery of Lanids lapsed from Persons living out of the Country. 7 Geo. i, Cap. 3. An Act for amending the Act intituled An Act for settling the Titles and Bounds of Lands, and for preventing unlawful Shooting and Ranging thereupon. 8 Geo. 2, Cap. 6. An Act for the better Preservation of the Breed of Deer, & preventing unlawful Hunting. 12 Geo. 2, Cap. 14. An Act for amending the Act intituled An Act for settling the Titles and Bounds of Lands and for preventing unlawfuil Shooting and Ranging thereupon. i8 Geo. 2, Cap. I4. By perusing these Acts, you will find that no Alterations are made by this Act, except in a few Instances. In the Act of the 8 Geo. 2, Cap. 6, which is the Act that
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directs the Method of docking Intails of Land of no greater Value than ?J200 Sterling, these are the Alterations made. i. It directs that the Surveyor of the County where the Land lies, shall survey the Land, in Order to satisfy the Jury, who are sworn pursuant to the Directions of the Writ of Ad quod Damnum, what Land precisely thev are to value. 2. It directs that the Heir shall be summoned, to give him an Oportunity of detecting any Fraud that may be committed on the Execution of this Writ. 3. It confirms the Title of those who had proved their Deeds in the County Court. By the Act of the 8th Geo. 2, Cap 6, the Deeds of Conveyance for the intailed Lands docked under said Act were ordered to be recorded in the General Court. But the Lawyers here were of Opinion, as other Acts gave the County Courts full Jurisdiction to receive the Proof or Acknowledgement of Deeds of Land within their County, that the Purchasers of these intailed Lands might safely prove theit Deeds in those Courts. The Assembly finding that this might occasion many Law-suits, and might possibly defeat the Titles of many fair Purchasers, thought it was agreeable to Justice and Equity to confirm such Titles. This Act of the 8th Geo. 2, was the only Act that had received his Majesty's Assent, anid was the Reason for adding the suspending Clause. The only Alterations made in. any of the other Acts, are in the Act of the 7th Geo. Ist, Chap. 3, by reducing the sum for saving Fifty Acres from Ten pounds to Five, and by limitting the time for bringing Petitions to ten Years, which was not mentioned in either of the above Acts. By our Instruction sent to the Governor of this Colony, the Assembly finds that the Merchants of Great Britain are still dissatisfied with the making Treasury Notes (issued pursuant to the several Acts of Assembly for the Defence of the Colony), a proper Tender for Sterling Debts. Before the Year I748, there was no Law subsisting to direct at what rate of Exchange sterling Debts should be paid. The Consequence of this was that the Sherifs when they levied Money by Execution on Sterling Judgments demanded of the Debtors
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what Exchange they thought proper, to the great Oppression of the people, and without any Advantage to the Person who had ob)tained the Judgm'. The Assembly thought it very proper to put a Stop to such unjust Proceedings, and passed an Act in the Year 1748, 22d Geo. 2, Cap. 12, intituled "An Act declaring the Law concerning Executions and for Relief of insolvent Debtors," by which they directed that all Executions for Sterling Money should be levied at twenty five per Cent., the real Difference of Money, and no more than the Difference of Exchange at the time the Act passed. The Merchants of Great Britain complaining of this Act, and representing that they should be considerable Losers when Exchange should rise above twenty five per Cent., the Assembly took the same into their Consideration, and endeavoured to provide a Remedy which might prevenit any further Murmurs. They considered that as Exchange is a fluctuating thing they could not do Justice to sterling Creditors by fixing the Exchange at any certain Standard. They therefore passed an Act to impower the Courts where JuLdgmnents should be obtained for sterling Money, to settle at the Foot of the Judgment, at wvhat Rate of Exchange the same should be discharged; This will enable the English Merchants to bring their Money Home, without any Loss, let the Exchange rise to what it will, unless the Courts should be guilty of flagrant Injustice by settling the Exchange lower than Bills of Exchange can be purchased for, as it is notoiious they lhave always fixed it at the very highest Rate. One Reason for issuing Treasury Notes was, hecause all the Gold and Silver of the Country had been drawn away by the Armies to the Northward, and it would have been the greatest Grievance that ever People underwent, to make themn receive this Sort of Money for Debts due to them, and not allow them to discharge the Debts due from them in the same, when it was impossible to exchange it for any other; And this as appears from what has been said above is as good as any other to the Merchants in Great Britain. They were under a Necessity of making these Notes or Bills of Exchange a proper Tender for Sterling Debts, and there can be no Doubt that the English Merchants would chuse the former.
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You will, we hope, endeavour to prevent any ill Consequences from these Complaints, and that you may be prepared for that Purpose, we must refer you to the Representation of the Burgesses of Virginia to his Majesty, a Copy whereof is inclosed, anid also to a Paper containing fiurther Reasons on this Subject. You are desired to get a Copy of the Account of Mr. Dinwiddie's Disposition of the /20.000 granted by his Majesty for the use of thic Colony, passed with the Treasury, and to send the same to this Committee with Copies of the Vouchers by which the same was passed. We must refer you to the Representation above-mentioned on this Poinit, by which you will easily discover our Reasons for this Request. Be pleased to take Notice, that this Representation is not to be presented to his Majesty, as it has already been delivered to Mr. Secretary Pitt, and is only intended to instruct yotu in the several Matters now reconmnmended to you. *As we have not seen a certain Remonstrance drawn up by soine Clergymen of this Colony, supported as it is said by the ILord Bishop of London, & presented to the Board of Trade, against an Act of Assembly passed here, intituled " An Act to enable the Inhabitants of this Colony to discharge their public Dues, Officers Fees, and other Tobacco Debts in Money for the ensuing Year," and are unacquainted with any Reports or Determininations that have been made on that, or any other Act of' Assem)bly complained of in that Remonstrance, we cannot give you our Opinion and Instructions so fully on this Head, as we should otherwise chuse. But we persuade ourselves that by stating to you the Reasons that governed in the passing of that Act, you will be sufficiently enabled to remoive the Imputations of Arbytraryness and Disloyalty, which from comon Rumour we collect, have been aimed at in that Remonstrance, to the great Abuse of the Legislature, and Injury of the Country, if it has been in any manner countenanced, as it will be establishing a Precedent for Mal-Contents of every Kind (with which no doubt all Communities abound) to endeavour to weaken one of the principal Instruments of the Civil Power, by private Misrepreseitations of things. * See note at end of artic
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By the Constitutioii which we have hitherto enjoyed, every Act that receives the Consent of the Governor, Council and Burgesses of the (Colony obtains the Force of a Law aimiongst us, until his Majesty shall thinik proper by Proclamation to declare his Disapprobation. And if there are any Acts enideavoured at that iinterfere wich any general or particular Instructioi to the Governior, sLICh (if by a Change of Circumiistanices whiclh are ever fluctuatinig) they are thought benieficial to the Comnmunity, are always eniacted without any Force or Effect as a Law, until his Majesty's Pleasure shall be known, bv a suspendiing Clause in the Act. Further, if his Majesty shall at any timiie think proper to give his Assent to any subsisting Act of Assembly, stuch Act theni obtainis such a Degree of Firminess in the Constitution, as it caninot be altered by anly subsequent Act witlhout tthe concurring Conisent of all the several Branches that conIstituted it. And these Rules of Proceeding have been sacredly observed by the Legislature of this Colony, thro' a dutiful Regard as well to the Royal Autlhority, as to the Preservation of the Constitution. Tobacco is the Staple, and indeed only Coimmodity in the Coutitry, fromii whenlce any tollerable Profit canl arise. To this 'tis to be presumed it is owing, that nmost of our Taxes and Salaries, &c., of a public Nature were made leviable in Tobacco 'till the present War, in which as the immediate Wantof Money made the Emiiission of a paper Currency unavoidable, the Taxes were necessarily laid in Money. that so nmuch of such emitted Paper should aninually be sunk, by repayinlg it into the Treasury fromli whence it was made issuable. The several fees therefore due to the Clerks of the Courts of Justice, and other Officers in this Colony have been fronm long Conitinuance paid in Tobacco. It nmust be observed, that when the Salaries of the Clergy wer-e first settled at I6,ooo lbs. of Tobacco that Commodity was rated at ios. sterling '# hundred, which made their Provision Eighty Pounds sterling per Annunm. In the Year 1748, when the Laws of the Country were revised, the Act which established the Salaries of the Clergy was re-enacted with such Amiendments in their favour, that remioved all Doubts as to their temporal Rights for Want of Iniductioni and indeed greatly added to the Value
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of their Salaries. For as Tobacco was at that time under a public Inspection, and the price of it raised at Market as the necessary Consequence of burning that which was bad, the Assembly gave the Clergy in that Act a further Levy on their Parishioners of four Pounds in the hundred, to answer the Deductions then thought necessary to be made, between the paying into the Warehouses, and receiving the same out again, which you will find called in the Act Shrinkage, an Article paid by all other Claimers whatsoever from the public, which Act amonigst many others received the Royal Assent, without any particular Application from this Colony. This Act, tho' made so much in Favour of the Clergy it seenms has been by them construed into a disloyal Attack on his Majesty's Prerogative, and the Bishop of London, we are informed, has in a Letter to the Lords of Trade, been pleased to represent it as taking a large Stride that Way, because as he says, the Right of Presentation is by the Act taken from his Majesty, and declared to be in the Vestries, tho' it is certain the Vestries always before the passing of that Act enjoyed that Right, and the Design of the Act plainly appears to be, only to extend the time of Presentation from Six Months, as it is in England, to twelve, and the lengthening the time must appear to be extreemly reasonable, when it is considered that from the Scarcity of Clergymen in this Colony, the Parishes generally remain vacant 'til a Minister can be procured fronm England. The Crop of Tobacco in 1758 was so universally short that Petitions from all Parts of the Country were presented to the Assembly, to desire Relief against the possible Exactions of Creditors both public and private. As this was an Evil justly to be dreaded, the Legislature with every prudent Precaution, made all Debts, Fees, Salaries, &C., payable in Tobacco, at the Option of the Debtor, after the Rate of two pence per pound for transfer Tobacco, provided the same were paid within a certain limitted Time, governed by the most early Expectations of the new Crop. And as the time setiled by Law for the payment of the Clergymen's Salaries was so near at Hand, presuning it consistent with the Principles of commion Justice, that every Individual of the Comnmuniity considered as a Creditor, whose Debts must really have arisen from
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the Expectations of common Crops, ought to Restriction, they made no Exceptioni as to the Act in 1748. This, we are informed, has been represented by the Clergy to the Lords of Trade, as a Deviation from the before mentioned Rule of the Constitution and derogatory to the Royal Authority, tho' we can conceive, that on a fair and thorough Examination of the matter, the contrary will appear, and in the unhappy Circumstances the Country was in at that time, be looked upon rather as an Aid to, than a Deviation from that Act. And we have the greatest Reason to be confirined in that Opinion, as several Acts have heretofore been passed for the same purpose, which have from time to time been regularly transinitted to the Lords of Trade, and by them referred to their Solicitor, which certainly would [not?] have been done, had they appeared to their Lordships in the Light they are now represented. The first of these Acts was passed in the 27th Year of his Majesty's Reign, Chap. 8. intituled "An Act for paying the Minister in the Parish of Frederick in the County of Frederick, and of Augusta in the County of Augusta, and of Hampshire in the County of Hamlipsh' One hundred Pounds annually, instead of the Salaries now allowed" Another passed in the sanme Year Chap. Xo. intit" "An Act for allowing the Inhabitants of the Counties of Halifax, Hampshire and Bedford to discharge their public Dues and Officer's Fees in Money instead of Tobacco." And another passed in the 28th Year of his Majesty's Reign, Chap. I7 (I755) intituled "An Act for enabling the Inhabitants of the Counties of Princess Anne and Norfolk to pay their public Dues in noney." These Acts. tho' apparently passed in Favour of the Ministers of the several Parishes, and at the Prayer of some of thenm, have been lately represented by some of the Clergy to their Lordships. in the same unfavourable Light as the Act in 1748, and the Repeal of themii been obtained by their Solicitations, tho' the Ministers for whose Beniefit they were nmade, will be great Sufferers by such Repeal. Another Act also passed in the 29th year of his Majesty's Reign (I755 Chap. 7) intituled "An Act to enable the Inhabitants of this Colony to discharge their Tobacco Debts in Money
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for this present Year," by which the same Provision was made for paying the public Tobacco Creditors in Money, as in the aforementioned Act in I758 now complained of. The Clergy it seems alledge that the Act in 1758 was made only to serve the Rich, and have couloured over their uncharitable Clamour by saying that the Poor would have been more effectually relieved without the Law, because, that as Clergymen, had they been permitted to receive from the Rich the real Value of their Tobacco, they would have been able to have taken much less than two pence per pounnd from the poor; But as essential as Truth may be to their Order, they have in such an Assertion suffered themselves to forget it. The General Assembly was composed of many public Officers. some Claimers from the public, and many Landlords, whose Fees, Claims and Rents were payable in Tobacco, and many of them of greater Amount than the Salary of a Clergyman. How then can this their Argument be reconciled to Truth? Could not each of these rich Men, as they call them, have demanded of their Debtors in the same exorbitant Proportion, as the Clergy should of them, and had they even consulted their own Interest in the Affair, would not the Ballance,-had there been no regulating Law at all-have been greatly in their favour ? And as all other public Officers, Claimers from the public & Landlords (tho' not of the General Assembly) to say nothing of private Creditors who must generally have contracted their Accounts or Bargains under the Probability of usual Crops) must have had a right to partake in this grand Scheme of Extortion, can it be doubted that the poor alone was the Object of the Legislature's Concern ? But to go a little further with this Argument of theirs: Suppose the Clergy alone on Account of the Royal Assent's being obtained to the Act in 1748, had been exempted, and there was indisputably such a general Piety of Disposition amongst tbem, how could this Charity have been extended ? That Act, at the same time it gives their Salaries, directs the method of levying, collecting, &c., of the same, and to have altered it in one Instance must certainly have been as criminal as in another. In this Case, they could only have contracted with their Collectors at a price for their whole Salaries, and it
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would but in most Cases have removed the Method of Exaction from the Clergy to the Collectors: For it must be observed, that tho' the whole Crop of Tobacco made in the Year 1758, was more than sufficient to pay the Ministers' Salaries and other Parish Creditors, who have the same Right with the Clergy under the Law in I748, yet there were Multitudes who did not make enough to answer that Purpose, and those who did make it, could not be compelled to sell to those who had none, the Consequence of which (if no Provision had been made) must have been, that the Collectors would have made Distress upon the poor unhappy Sufferers, and as their Goods & Effects could not be sold for anything but Tobacco, and as there were so few that had any of that Commodity to purchase with, the Goods and Effects must have been either sold at a very low Rate, or remain in the Hands of the Collectors for want of Purchasers, whereby the Poor would have been great Sufferers, and the Clergy not in the least benefited by it. The whole of this therefore is but a thin Varnish, and leaves too much Room to suspect, from the very nature of murmuring in such Cases, that they themselves rather wanted an Oportunity of feasting as largely as they could on all, both rich and poor. These are the Arguments that may be justly brought to vindicate the Legislature, and confute the Complainants; and as it is impossible but they must have known that things would appear in this Light, when impartially examined into, we cannot but think that the Act complained of, is but the studied Occasion of Contention to effect some other Purpose, still latent. We know not how far the Affair may have been carried, or whether the Matter can again be laid before the Lords of Trade or any other Board for a Rehearing, but we hope at least, you may have an Oportunity of removing any injurious Censure that may have been passed, and put a Stop to all future Representations till the Country can be heard on the several Matters of Complaint; And we doubt not but they will appear to be fully justified in their Proceedings both to their King and Country. As the Country looks upon it as their Duty (since the Act of Assembly complained of by the Clergy hath had its Effect) to support the Execution of it, by protecting the Parishes in the Suits that may be brought against them on the Act in 1748, We
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further direct you to employ proper Persons to defend the Vestries or Collectors against any Proceedings that may be carded to England, in a Suit that is just brouight by one Mr. Camm, the Minister of York-hampton Parish in the County of York, and the Expences attending the same will be remitted to you on the first Notice. We have nothing further to add, but to desire of you if it should not be agreeable to you to engage in this Business as Agent, that you will be so kind as to officiate in Behalf of this Country, 'till we can have Notice of your Refusal to appoint some other Gentleman, and in particular to watch and oppose every Attempt that shall be endeavoured at to repeal this Act for appointing an Agent, as we have Reason to ex.pect some Efforts will be made that Way. You are desired to give the earliest Intelligence of any thing that may come to your Knowledge, relative to, or in any manner affecting the Interest of this Colony, and of all your Proceedings in the Execution of the Trust reposed in you, to this Committee, in order to which it is recommended to you to send your Dispatches by the Packet to New York, from whence they may be safely conveyed hither by the Post, if no better Oportunity should offer; And you are further desired to inclose your Dispatches to the Hon'ble William Nelson, Esq', at York Town in Virginia, by whom they will be communicated to this Committee. Weare Sir, Your nmost humble Servants, Wm. Nelson, Thos. Nelson, Philip Grymes, Richard Bland, Ben. Waller, Ro. C. Nicholas, (TO BE CONTINUED) NOTE. Mr. Camm's suit was caused by the passage of the famous "Two Penny Act," which for a number of years produced so much agitation in Virginia.
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The General Assembly at the September session, 1755, induced by the failure of the tobacco crop, and the needs of the colony, arising from the French and Indian War, passed an act authorizing all debts due in tobacco to be paid either in that commodity, or in money at the rate of eighteen shillings and eight pence per hundred pounds. Though some complainits were made there was no legal opposition to this law. Again, in September, I758, for the same reasons, the law was re-enacted, with a provision that it was to be in force for one year. The act provided that it should be " lawful for any person or persons, from whom any tobacco is due by judgement, for rent, by bond, or upon any contract, or for public, county or parish levies, or for any secretarys', clerks', sheriffs', surveyors' or other officers' fees, or by any other ways or means whatsoever, to pay and satisfy the same in tobacco * * * or in money, at the rate of sixteen shillings and eight pence for every hundred pounds of nett tobacco." (Heninig 7, 240.) As the rate fixedl was two pence per pound, the law became known as " The Two Penny Act." The law was general in its provisions; but resistance and objection came only from the parish ministers. Since as early as I696 the salaries of the clergy had been sixteen thousand pounds of tobacco a year, and this amount had been confirmed in 1748 by an act, which had received the King's assent. Two pence per pound was the normal price of tobacco, but in 1755 and 1758 the crops were very sinall and the price went tul) to six pence. The clergy then demanded that they should have the advantage of the rise in the market. Under the royal instructions no law which had received the King's approbation could be repealed by a colonial assembly unless the repealing law contained a clause suspending its action until the King's pleasure should be known. As such a suspension would have nullified the purpose of the act of 1758, the Virginia Assembly omitted the suspending clause. It was claimed by the clergy that the latter act repealed that of I748, and that the violation of the royal instructions in omitting the suspendinig clause rendered the act of I758 null and void. A heated controversy soon began, the leader on the part of the clergy being Rev. John Camm, minister of York-Hampton
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parish, who was answered by Richard Bland and Landon Carter in behalf of the Assembly. Rev. Andrew Burnaby, an English clergyman, who was in Virginia at the time, while disapproving the conduct of the Assembly, condemned the violence of most of the clergy, and their disrespectful treatment of the Governor, and of their Commissary, Rev. William Robinson, who had urged them to moderate measures. A convention of the clergy was held and Mr. Camm was sent to England as their representative. On August IO, 1759, he obtained an order of the Privy Council declaring the act of 1758 illegal and was told that this order would make the act v'id ab initio. He thereupon returned to Virginia and brought suit in York County Court to recover the full market value of his salary. Losing his case in the County Court he appealed to the General Court, where he met the same fate, the latter court holding that the act of 1758 was in force until the date of the King's veto. The persistent clergyman then appealed to the Privy Council in England, but when his case was heard in 1767, it was dismissed on some technicality. It was a common belief at the time that this was a mere pretext, and that the English government was unwilling, so soon after the repeal of the Stamp Act, to give any Colony further cause for irritation. While Mr. Camm's case was pending various other minister's sued their vestries with small results. The most celebrated of these was the " Parsons' Cause " in Hanover county in December, 1762, when Patrick Henry, as counsel for the defendants, first sprung into public note by the eloquence and boldness with which he stated the rights of the people. The long agitation over the " Two-Penny Act," thus ended practically in the entire defeat of the claims of the clergy. It was of more momentous importance than this, for Mr. Henry (Life of Patrick Henry, I, 46) has well summed up the results when he states that not only did the clergy find that " they had greatly weakened their hold upon the public, and had given a fresh impulse to the spirit of dissent already grown strong in the colony; " but also that " the struggle greatly strained the bond between the King and the colonists, and was the prelude to the combat that snapped that bond asunder." For details of these acts and the connected events, see Henry's
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Life of Patrick Henry, I, 28-48; Campbell's History of Virginia, 507-5I8; Cobb's Rise of Religious Liberty in America, io8-iit; Meade's Old Churches andFamilies of Virginia, I, 2i6-225, and (especially for documents showing the clergy's side of the case) Perry's Papers Relating to the History of the Church in Virginia, 434-448, 458-501, 506-5i9. Rev. John Camm was son of Thomas Cariom, of Hornsea, Yorkshire, England. Born in 17I8, he took his B. A. degree at Trinity College, Cambridge, in 1741-42, and came to Virginia in or before I745, when he was minister of Newport Parish, Isle of Wight county. In 1749 he was appoined professor of divinity in William and Mary College, and was its President from I771 to 1777, when he was removed by the Board of Visitors on account of his sympathy with England. He died in 1779, and has many descendants. For account of John Camm and his family see William and Mary Quarterly, IV, 6I-62, 275-278.
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==Article text, July 1903==
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PROCEEDINGS OF THE VIRGINIA COMMITTEE OF CORRESPONDENCE, I759-'67. From the Originals in the Virginia State Archives. (CONTINUED) [DEFENCE OF THE VIRGINIA PAPER CURRENCY.] [Endorsement.] Instructions to the Agent in Defence of the paper Currency * of Virginia, referred to by the Letter from the Com'ee of Cor- respondence of the I2th Decr, 1759. *There is a discussion of the paper money of the Colony of Virginia in Ripley's Finantcial History of Virginzia, pages 153-i62. The author, in conclusion, says that the record of Virginia's first experience with paper money " was on the whole a creditable one." * * * " But we must remember the distress of the times, and the heroic exertions of the colony during the [French and Indian] war. In view of these facts, the moderation and foresight of her statesmen is in marked contrast with the reckliess financiering of some of the other colonies both north and south. " Richard Bland, in a letter written in I771 (and printed in this Magazine,. VI, 127-134), says that the English merchants, at first bitterly op- posed the issue, but that at the time he was writing they were the warm- est solicitors of the Assembly for that very species of money. He also states that of ?75o,ooo treasury notes which were issued during the war,, it was probable that only the amount of ,?6o,ooo was outstanding.
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We are informed that the Merchants of Great Britain are much alarmed at our Assembly's passing some Acts for emitting large Quantities of Paper Money, which is made a legal Tender for alL Debts (the King's Quit-rents excepted) and they are very appre- hensive that they may be great Sufferers thereby, in collecting their Debts due here. These Apprehensions of the Merchants proceed from a mis- taken Notion of our having a Law in force for paying off sterl- ing Debts in Current Money at 25 # Cent Exchanige. No Loss can arise to the Merch"' from making this paper Money a legal Tender for Sterling Debts as the Law now stands, and they are in a much better Condition & less liable to Losses in collecting their Debts, than if nothing but sterling or lawful Money of Great Britain were held a Tender for such Debts, as by the Act of the 6th of Queen Anne, which they so much rely on to be a good precedent in such Case. If this can be shewn, it is to be hoped the Gent in the Trade will be satisfied that there is no Necessity to sollicit their Menmo- rial so far as to procure an Instruction about this Matter. True it is, that before this War, and when Exche was rarely above 25 e Cent, we had a Law to settle the payment of Judg- ments for Sterling Debts at that Rate, and it was passed to pre- vent Disputes about the Exchange, and as a Direction to the Sherifs in levying Executions on these Judgments. There was likewise a further View; to prevent Creditors from taking an un- reasonable Advantage of the Necessity of the Debtor for his forbearing to execute the Judgenient perhaps io or I5 et Cent above the then Current Exchange which, as it was a kind of Traffick about Bills of Exche did not come under the penalties of our Laws against Usury or at least was hard to be come at, & pun- ished by them. But when at the breaking out of the present War, Exche began to rise, or rather it was forseen that it would do so, and it was found that Injustice would be done to many, especially the Merchants in Great Britain, if that Law remained in force, it was repealed by an Act of the 28th Geo. 2d, intituleci "An Act*to amend an Act intituled An Act declaring the Law concerning Executions, & for the Relief of insolvent Debtors *Hening, VI, 478.
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and for other purposes therein Mentioned." The preamble of which shews its Intention to take care of the Merchants Interest, and the principal enacting Clause is " That in any Action which hath been or shall be commenced, and is or shall be depending for the Recovery of any sterling money, in any Court of Record within this Dominion, wherein the plaintif or plts. shall recover, sdch Court shall have power, and are hereby directed by Rule to be entered at the foot of their Judgment in such Action, to order such Judgment to be discharged or levied in Current Money, at such a Difference of Exchange as they shall think just, any Law usuage or Custom to the contrary thereof in any wise not- withstanding." And what rate of Exche can a Court under the Direction of this Act think just, but that which is current at the time of entering the Judgment, or such a one, that the Merchant may have his whole Debt remitted to him, without those Losses they so much apprehend? If our notable Agent * at the other End of the town had known and stated these things to the Merchants, they would hardly have thought it necessary to present any Memorial about it. And this it was his Duty to have known and done, as he nas an Allowance of ?200 # Annum to negotiate the Affairs of the Country; And these Acts above mentioned are regularly trans- mitted, as he knows, to the Board of Trade, and were remaining in that Office at the very time the Memorial was presented. But it may be thought that the greatest Difficulty is yet to come, Vizt. to obviate the heavy Complaint-and that which seems to carry weight at first View, that the Assembly have passed a a Law, ex post Facto, to declare paper Bills of Credit a good Tender even for sterling Debts contracted before the passing such Law, whereas the Merchants think that nothing less than sterl- ing or lawful money of Great Britain, should be allowed to be a good Tender, agreeable to the Act t of the 6th of Queen Ann especially for such precontracted Debts. This is to be done, and ? James Abercromby, agent for Virginia from January, 1753, to January, 1758, and for the Governor and Council only until 1773. See note Din- widdie Papers, I, 37-38. tThis probably refers to the act of gth Anne, October, 1710, Iening, III, 502.
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at the same time, it is to be shewn, that the Merchants are in a better Condition, and less liable to Losses in receiving their sterl- ing Debts under our Laws, than they would be, if nothinig but sterling or lawful Money of Great Britain were held a Tenider. For this purpose let us suppose that a Merch't in London ob- tains a Judgment here for fioo sterling, the Debtor is obliged by the 6th of Queen Ann, and therefore procures /ioo sterling or lawful Money of Great Britaini, & pays this Debt; Now this Sum being only of equal Value to /125 Curr't Money; and Exch'e beinig now at 35 e C't (and in War ti'me it is rarely lower), the Agent here must in that Case give /ro Curr't Money nmore to purchase a Bill of Exchange to remit this Debt to his principal, which /io is so much real Loss to the Mer- chant; whereas by the Provision of our Law, no such Loss is incurred, but the Creditor hath his whole /I35 decreed to him, with which a Bill is bought and the full Debt remitted. Thus it is hoped the proposition is proved, and that our Leg- islature have conceived just Apprehensions of the Interest of the Merchants, and all other Creditors for Sterling Debts, and have made a proper provision for their Security. But to set this Matter still in a stronger Light: The Merchants in their Memorial quote the provisions in the Act of the 6th of Queen Anne, that even foreign Gold and Silver Coin, nmade current by that Act, was not to be held a legal Tender for ster- ling Debts, nmuch less ought paper Bills of Credit, which are, they say, of a local, uncertain and fluctuating Value. But give us leave to tell them, that if they had no better Dependance than that Act affords for collecting their sterling Debts, they might be great Sufferers indeed; For tho' that Act, when it was made, and for maniy years after was a good provision for them in that Respect (nothing but sterling or lawful British Money being a legal Tender for sterling Debts) inasmuch as the Ex- change then current here was under the Rate settled by that Act, vizt 25 # Cent, or one shilling passed for I s. 3d, but since Exchange hath been higher than that, which is always the case in time of War, a Tenider exactly agreeable to that Act, would occasion a Loss to the Merchants of so much as 25 If cent falls short of the highest Exchange, viz' IO, I5 or perhaps 20 7 cent.
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Let it be observed, that however contemptibly the Merchants look upon this paper Money, as of a local, uncertain and fluc- tuating Value, yet it is enmitted on such Funds that every one is glad to receive it in any kind of payment, and Exchange is now 1o F Cent lower than it was last War, when we had nothing current but gold and silver Coin, a Circumstance very favourable to the Credit of our paper. And altho' the King's Quit rents as the Merchants rightly observe, are not payable in paper, by that Act, that was done, because his Majesty had by Instruction to the Governor and Officers of his Revenue, directed them to be received only in Sterling, or Gold and Silver Coin at a cer- taini Rate, which Instruction, the Governor durst not contravene by including them in the Act, yet the Receiver General never -refuses paper Money for the Quit rents, because he can readily procure Bills of Exchange for it. [SECRETARY PITT'S LETTER TO THE GOVERNOR OF VIRGINIA.] [Endorsement. ] Copy. Mr. Secretary Pitt's * Letter to the Lieutt Gov" of Virginia of 9 Dec", 1758, referred to by the Come of Correspond- ence in their Letter to the Agent of the 12 Decr, '759. White Hall, gth Decr, 1758. (Triplicate.) Sir,-His Majesty having nothing so much at Heart as to imn- -prove the great and important Advantages gain'd the last Cam- pain,t as well as to repair the Disappointment at Ticonderoga, and by the most vigorous and extensive Efforts to avert, by the Blessing of God on his Arms all Dangers which nlay threaten North America from any future Irruptions of the French; And the King not doubting that all his faithful and brave Subjects there, will chearfully co-operate with and second to the utmost, * William Pitt, appointed Secretary of State of England in '757. t During the summer of 1758 Louisburg and Fort Frontenac were cap- tured from the French and Fort Du Quesne was occupied on November 25, but the news of this last capture had hardly been received in Eng- land when Pitt's letter was written. In July the English forces under Abercromby were defeated before Ticonder
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the large Expence & extraordinary Succours supplied by this Kingdom for their preservation & Defence; And his Majesty considering that the several provinces from Pensylvania inclusive, to the Southward, are well able, with proper Encouragements to furnish a Body of several Thousand Men * to join the King's Forces in those parts for some offensive Operations against the Enemy; And his Ma'ty not judging it expedient to limit the Zeal and Ardour of any of his provinces, by making a Reparti- tion of the Forces to be raised by each respectively for this most important Service. I am commanded to signify to you the King's pleasure that you do forthwith use your utmost Endeavours & Influence with the Council and Assembly of your province, to induice them to raise with all possible Dispatch within your Gov- ernment, at least as large a Body of Men as they did for the last Campaign, and even as nlany more as the Number and Situation of the Inhabitants may allow, and forming the same into Regi- ments as far as shall be found convenient. That you do direct them to hold themselves in Readiness, as early as may be, to march to the Rendezvous at such place or places as may be named for that purpose by the Commander in Chief of his Majesty's Forces in America, or by the Officer who shall be appointed to command the King's Forces in those parts in order to proceed * During the French and Indian war Virginiia kept constantly in service one, and sometimes two regiments of colonial regulars, in addition to companies of rangers, and to large bodies of militia which were fre- quently called out. Lists of some of the militia may be found in Hening, VII, 21-25, 179- 231, VIII, 126--133. In the same work, VII, 493, is a list of the officers. of Byrd's regiment as they stood at the time it was disbanded in 1763. In the Virginia Magazine of History and Biography, I, 378-390; II, 37- 49, 143-153, are rosters of various Virginia companies from the " Wash- ington Papers " in the State Department, Washingtpn. There is in the Virginia State Land Office a large number of certificates filed with appli- cations for land bounty under the royal proclamation of 1763. These cer- tificates have recently been copied for this Society and have been bound in two large indexed volumes, comprising 587 pages. Among the names. are those of about 128 officers and 6r5 privates and non-commissioned officers. It is evident that a large number of certificates are missing or that many.privates did not apply for land. There are also in the Land Office three books containing lists of grantees of land under the Proclamation of 1763.
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from thence, in Conjunction with a Body of his Ma'ty's British Forces, and under the supreme Command of the Officer to be appointed as above, so as to be in a Situation to begin by the first of May, if possible, or as soon after as shall be any way practicable, such offensive Operatious as shall be judged by the Commander of his Majesty's Forces in those parts most expe- dient for annoying the Enemy, and most efficatious towards re- moving and repelling the Dangers that threaten the Frontiers of any of the Southern Colonies on the Continent of America. And the better to facilitate this important Service, the King is pleased to leave it to you to issue Commissions to such Gent of your Province, as you shall judge from their Weight and Credit with the people & their Zeal for the public Service may be best disposed & enabled to quicken and effectuate the speedy levying of the greatest number of Men, in the Disposition of which Com- missions I am persuaded you will have nothing in View but the Good of the King's Service, and a due Subordination of the whole, when joined to his Majesty's Commander. And all Offi- cers of the provincial Forces, as high as Colonels inclusive, are to have Rank according to their several respective Commissions agreeable to the Regulations contained in his Majesty's Warrant of the 30th of December last Year. The King is further pleased to furnish all the Men so raised as above with Arms, Ammunition and Tents, as well as to order provisions to be issued to the same, in the same proportion and manner as is done to the rest of the King's Forces; And a suffi- cient Train of Artillery will also be provided at his Majesty's Ex- pence, for the Operations of the Campaign. The whole there- fore that thre King expects and requires from the several provinces is, the levying cloathing and pay of the Men; And on these Heads also that no Encouragement may be wanting to the fullest Exertion of your Force; his Majesty is further most graciously pleased to permit me to acquaint you that strong Recommenda- tions will be made to parliament in their Session next Year to grant a proper Compensation for such Expences as above, ac- cordingly as the active Vigour & strenuous Efforts of the respec- tive provinces shall justly appear to merit. It is his Majesty's pleasure that you do, with patticular Dili- gence, imnmediately collect and put into the best condition all
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the Arms issued last campaign, which can be any ways rendered serviceable, or that can be found within your Government, in ordet that the same may be employed as far as they will go in this Exigency. I am at the same time to acquaint you, that a reasonable Sup- ply of Arms will be sent fronm England, to replace such as may have been lost, or have become unfit for future service. I am further to inform you, that similar Orders are sent by thiis Conveyance, to Pensylvania, Maryland, North Carolinaand South Carolina. The Northern Governments are also directed to raise Men in the same Manner. to be employed in such offen- sive Operations as the Circumstances and Situation of the En- emy's Possessions in those parts may point out, which it is hoped will oblidge them so to divide their Attention and Forces, as will render the several Attempts more easy & suc- cessful. It is unnecessary to add anything to animate your Zeal in the execution of his Majesty's Orders on this great Occasion, where the future Safety and Wellfare of America, and of your own province in particular, are at stake, and the King doubts not fromn your knowni Fidelity and Attachment, that you will employ yourself with the utmost Application and Dispatch in this urgent and decisive Crisis. I am, Sir, Your most obedt h'ble Serv', W: PITT. Lieut. GoVr of Virginia. [SECRETARY PITT'S LETTER TO THE GOVERNOR OF VIRGINIA.] [Endorsement.] Copy. Mr. Secretary Pitt's Letterof 29th Decr, I758, to the GovT of Virginia-referred to by the Comee of Correspond?e in their Letter to the Agent of Decr I2, 1759. (Duplicate.) Whitehall, 29th Decr. I758. Sir,-In transmitting to you the inclosed Triplicate of my Letter of the gth Instant, I have the King's particular Com- niands to renew and enforce in the strongest Manner the Neces-
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sity of a punctual Compliance with the Orders therein contained, and you will accordingly urge in the most expressive Terms to the Council and Assembly of your Colony, the Importance of their exerting themselves in the present critical and decisive Moment, in whlich their own Interests and Security are so nearly concerned, that it would seem superfluous to add the further Motives of their Duty to the King and of the Gratitude they owe to this Country, for the very Expence and Succours sup- plied for their immediate Defence, & for the future Safety of all their Rights and Possessions in America; and the levying the Meni to be furnished by the several provinices without any delay, and in such time that they may not fail to be at the Rendezvous that shall be appointed for them, so as to be ready to commence the Operations by the ist of May. is so essential, as well for pre- venting the extraordinary Efforts which it is supposed the Enemy is preparing to make to stop the future Progress of his Majesty's Arms in America, as for pushing with Success the ensuing Cam- paign, that it is the King's pleasure that you do employ the utmiost Diligence and every means in your power to forward and expedite this Service in the most effectual manner, and to avoid any Disappointment happening from the slowness of the Levies, or from the men, who shall be raised, not proceeding in due time to the Rendezvous. With Regard to the expences incurred by your Colony, for the last Campaign, I am further to acquaint you, that as soon as the Agents of the respective provinces, duly authorized, shall produce the necessary Documents, the same will, without Delay, be recommended to parliament for a reasonable compensation, agreeble to the gracious Assurances which the King was pleased to allow me to give in my Letter of the 30th of December last Year. I am, Sir, Your most obedient humble Servant, W. PITT. Lieutt GoVr of Virginia.
This content
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[Endorsement.] October 7, I 760. Proceedings Council. AT A COMITTEE OF CORRESPONDENCE HELD AT THE CAPITOL, OCTOBER 7, 1760. Present: The hon'ble W. Nelson, T. Nelson & Ph. Gryrnes, Esq"r, J. Robinson, P. Randolph, Chas. Carter, Mr. Waller, Mr. Wythe, Mr. Bland, & R. C. Nicholas, Esqrs. Mr. Nelson communicated to the Committee two Letters lately come to his Hands from Mr. Montague the Agent, which were read, as wasalsoa Copy of Sir Matthew Lamnb's Opinion on the Act for appointing an Agent, which is niention'd in Mr. Monta- gue's Letters. On Consideration whereof it is the opinion of the Comittee that Mr. Nelson be desired to lay the said Letters before the Council in order to obtain the Opinion & further Directions of the General Assembly (now sitting) thereon. The Comittee taking into Consideration that the Letters from the Agent by means of their being directed ptublicly to this Com. mav possibly excite the Curiosity of People into whose Hands they may casually fall in their Passage hither, and so be opened and suppressed or detained, are of opinion and do ac- cordingly direct that in the next Letter to be sent from this Com. to the Agent he be desired to address his future Letters to Mr. Nelson alone, without the Addition of his being one of the Members of this Com. On the - day of October the Proceedings of this Commnit- tee were laid before the House of Burgesses, pursuant to their Orders, and on the 20th October the House of Burgesses came to the following Resolution, vid-[not given]. AT A COM'E HELD AT THE CAPITOL, NOV'R 3, I760. Present: The hon'ble W. Nelson, T. Nelson, Pet Randolph, Esq"r, Jno. Robinson, P. Randolph, B. Waller, Richard Bland,. Esq The sev' Lr from the Agent to this Comee were again read. Resolved that P. Randolph, Esqr, Mr. Atto & Mr. Bland be appointed a Com. to prepare a Lr to Mr. Montague, in wlich they are to inform him of the Rect of his Letters, & that ye Com
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are well satisfied with his Conduct hitherto; that he must hence- forward look upon himself as Agent for this Colony to all In- tents and purposes, & not suffer any other person to interfere with him in ye Execution of his Office; that they notify to him that the Gen' Assembly have passed an Act to explain & amend the Act for appointg him to his office agreeable to Sr Mattw Lamb's opinion laid before ye Lds of Trade, &c. Also, that they inform him of two other Acts passed the last Session-viz: Supply Bill & ye Act for appointing Receivers of the Money granted by Parliamt, &c., &c. That they give him an Account of thie sev' sums of money granted by this Colony during the Course of the War from the Beginning to this time. That they also inform him of the Address & Representation to his Mat' agreed upon by the Council & H. of Burgesses, and desire him to present ye same in the most proper manner-& that in pur- suance of those Acts Bills of Exchane are drawn upon Mr. Aber- crombie by the persons thereby directed, & that if any Difficulty shd attend the procuring paymt of those Bills he use his utmost Endeavours to remove them, and also furnish him with Reasons & Arguments for supporting them effectually & that they advise him to have Recourse to the sev' Acts of Assembly therein par- ticularly mentioned. That he be likewise told the Govr has ac- quainted this Com. that he has wrote to him to desire his Assis0e to wipe off any Odium he may be under or any Asper- sion thrown on him for giving his Assent to the sevl Acts of Ass: of this Colony lately repealed by his Majesty, & that this Com. desire he will to his utmost assist his Honr therein. Ordd, That the Clerk prepare another Copy of the former letter & Instructions & other Papers sent Home therewith; Also 3 Copies of the three Acts above mentioned properly authenti- cated under the Seal of the Colony, and as many Copies of the Address & Representation to his Majesty. AT A COM'E HELD THE 6 NOV'R, 1760. Pres: The hon'ble W. Nelson, T. Nelson, P. Grymes & Pet. Randolph, Esqru, J. Robinson, B. Waller, G. Wythe & R. C. Nicholas. The Com. appointed presented a Letter they had prepared
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for the Agent agreeable to the sev' Resolutions of the last Comee which, with some Anmendments now made, was agreed to. Ordd, That the same be fairly transcribed immediately, and that two other farir Copies be also prepared with all Dispatch, to be sent home by 3 sev' diff' Ships. Ordd, That the C'lk prepare a fourth Copy of the first Lr and Instructions & the sev' Papers therein ment4 & refP to, to be senit home by the first Ships, the Comi. being inform'd that ye two first already sent are taken. The L this day agreed to is as follows: [LETTER TO THE AGENT.] [Endorsement.] Second Letter to the Agent, Nov. sth, 1760. Wm5burg, Nov. 5th, I760. Sir,-Yours of the first and twentieth of May & nineteenth of July have been receiv'd by the ComLL & laid before the Gen- eral Assembly. Your Readiness in accepting the Agency, we are to acquaint you, gave them no small Pleasure, as they have ye imost sanguine Expectations that great Advantages will be derived to this Colony, from your Weight & Influence. Your asserting your Right as Agent, particularly in the Affair relating to the Money voted by Parliament, was highly approved of. And we were no less pleased with your immediate Resolution to give up your Claim to any Advantage arising from the Rec't of that Money, as soon as you thought any Delay in the remitting it might possibly be a Prejudice to this Colony. Prom this step, we are persuaded, that you will on every occasion prefer the Good of the People you represent to any private views. We think you judged very right in refusing to sign the Papers offer'd to you by Mr. Abercrombie, as you are by no Means to look on him as Agent for Virginia, but to consider yourself as such to all Intents & Purposes, & not to sufler any other Person to interfere with you in the Execution of your office. However, it is not our Intention to restrain you from joining Mr. Aber- crombie, or aniy other Gent. in any Sollicitation that may prob- ably be for the Benefit of this Colony. The Governor* having inform'd the Comee that he has wrote * Francis Fauquier, Governor of Virginia, June, 1758-March, 1768.
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to you, desiring you to join Mr. Abercrombie in removing any ill Impressions the Ministry may have of him, on his giving his Assent to several Laws, which have been judged to be contrary to his Majesty's Instructions, & consequently repeal'd by his Royal Proclamation, we earnestly recommend it to you to con- tribute every thing in your Power to wipe off any Odium he may be under, or any Aspersion thrown on him for passing those Acts. We are the more pressing on this Occasion from the great Esteem we have for that Gent, who in every Instance, of his Administration, has demonstrated his Dutv to his Majesty, and his Affection to the People under his Government. Altho' we must confess that the Governor, in passing those Acts, did not strictly adhere to his Instructions, yet he had no Reasoni to be apprehensive of incurring his Majesty's Displeasure, as former Governors had pass'd several Acts of the same Nature, which hadl never been complain'd of. The General Assembly at the last Session pass'ci an Act* for explaining and anmending an Act for appointing an Agent, which, we flatter ourselves, will remove Sr. Matthew Lamb's Objection. For, we must acquaint you, that it was never the Design of that Act to deprive any Branch of the Legislature of a concurrent Power in the Appointment, or Deprivation of an Agent, nor cou'd we conceive that it wou'd ever be taken in that sense. The Assembly at the same Session pass'd two other Acts,t the one for recruiting & further continuing the old Regiment in the Service of this Colony, and for other Purposes therein men - tioned, the other for appointing Persons to receive the Money granted or to be granted by the Parliament of Great Britaini to his Majesty for the use of this Colony. By a Clause in the former of these Acts the Governor, President & Speaker are authoriz'd to draw Bills of Exchange on James Abercrombie, Esq., to the Amotunt of twenty thousand Pounds Virginia Cur- rency. And by the other Act, the said Governor, President & Speaker are authoriz'd & empower'd to draw Bills of Exchange * Hening, V1I, 375. t Hlening, Vii, 369 and 372. The latter act recites that /52,814.19 had been allotted to Virginia out of the amounit voted by Parliament in 1757 and 1758 for the relief of the American colonies.
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on the sd. James Abercrombie for the Ballance remaining in his Hanids of the several Sums of 632,260. i9 and /20,546 alloted by his Majesty for this Colony. And by the sd. Act you are authoriz'd, directed & empower'd to receive all such other Sum or Sums of Money as already have been or hereafter may be granted by the Parliament of Great Britain to his Majesty for the Use of this Colony, and as you advise us that Mr. Abercrombie has put in his Claim for our Proportion of the last Sum granted to the Americani Colonies, we desire that you will demand any Money he inay have received on that Acct of him; you'll please to inform yourself what Comissions are allowed to the Agents of the other Colonies & advise us thereof that we may be satis- fied Mr. Abercrombie has not imposed on us in his Charge. Copies of the said Acts will be transmitted to you, and in Pur- suance of the two last mention'd Acts, the Governor, President & Speaker have drawn several Bills. We can scarce think that Mr. Abercrombie will not pay due Honor to them as the Method pursued was pointed out by him. But if he shou'd not, you will be particularly attentive to remove his Objections. The Gen' Assembly being under the greatest Concern to find that their Conduct had been misrepresented, & that they had been accus'd of attempting, in many Instances to infringe the establish'd Rules of Government, & to violate the Royal Pre- rogative* have drawn up an Address and Representation to his Majesty, setting forth the Proceedings of the Legislature, by which they hope their Conduct will appear in a more favourable Light. Copies of the Address & Representation by the Direc- tions of the Gen' Assembly are herewith inclos'd, and you are desir'd to present them in the most proper Manner. We refer you to the Reasons in the Representation for the passing the several Acts therein mention'd, which we conceive will be suffi- cient to acquit the Legislature of any sinister or disloyal Inten- tions. But as the Matters contain'd in the latter Part of the Representation are of the greatest Importance to this Colony, & the very being of the Constitution depending thereon, it may be necessary to add some further Observations and Reasons to * This refers to the " Two-Penny Act," regarding the payment of to- bacco debts in money. See April number of this Magazine.
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those contained therein. The Instructions to the Governor of this Colony were given by King Charles the second soon after the Restoration, & have had little Alteration since. By the i6th Article of those Instructions the Governor is directed to pass no Act of a less Continuance than two Years, & no Act repeal- ing or amending any other Act, whether the same has or has not receiv'd his Majesty's Assent, unless a Clause be inserted suspending the Execution thereof until his Royal Pleasure shall be known. So far as relates to the passing Acts for repealing or amending any Act assented to by his Majesty, the Assembly have always paid a due Obedience to his Instructions, but the Instruction relating to the repealing or amending Laws, which never have had his Majesty's Assent, or have been made for a shorter Term than two Years, has never been attended to. And as a proof that this Instruction has not always been enforced even by the Ministry, the General Assembly revis'd our Laws in 1748, when many of them were both alter'd & repeal'd. The Ministry at that Time were so far from disapproving their Con- duct, that they recommended it to the other Colonies to imi- tate their Example. By a Recourse to the Laws, you'll find that the Assemblies have exercis'd this Power ever since the Date of the Instructions so much relied on. And we are per- suaded that this Instruction wou'd not at this Time have been enforced, had it not been for the Clamour of a few dissatisfied Clergy, who preferring their own Interest to every other Con- sideration, have not hesitated by their cunning & artful Insinu- ations, & by their false & scandalous Representations to blacken the Character of the Legislature of this Colony. Upon this factious Complaint of the Clergy his Majesty has been pleas'd to send an Additional Instruction to enforce that old Instruction, which has been so long consider'd as obsolete, By which the Governor, who is on every Occasion desirous of promoting the Interest & Happiness of this Colony, thinks himself restrain'd from passing any Act contrary to the Letter thereof. And it is apparent that if he shou'd adhere thereto, the Privilege of mak- ing Laws, which all his Majesty's Colonies have, & ought to enjoy, will be abridg'd, & in a great Measure abolish'd. For all Countries are liable to such Changes & Accidents, as require the immediate Interposition of the Legislature, And no less t
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an infallible Power can form Laws so perfect that they may not afterwards stand in Need of Alterations or Amendments. You can easily suggest the many Inconveniencies we must necessa- rily labour under, by being oblig'd to suspend the Execution of any Act, let ye emergenicy be ever so great, till his Majesty's Pleasure can be known. It is well known, that we have been in a state of War ever since the Year I753; that we have been under a Necessity to make annual Provision for our Troops, and to guard against the various & unforseen Events which ml]ust happen at such a Time; That an Aninual Provision must be made to prevent Mutiny & Desertion, neither of which can be done if we are restrain'd by Instructions from passing such oc- casional Laws. And it is remiarkable that one of Sr. M. L's Objections to the Act for appointing an Agent is to its Continu- ance for 7 Y'rs, & he recommends the passing an Act for this ppurpose from yr to Year, at the very time that his Mat'y is en- forcing the Instruction above mentioned. In the Year 1705 An Act* pass'd for paying the Burgesses one hundred & thirty Pounds of Tob? & Cash e Day for their Wages. At that Time this was equal to ten shillings # Day, but Tobo having since greatly advanc'd in Price the Burgesses have scarce ever fail'd to pass an Act for paying their Wages in Money at ten shillings ' Day in Lieu of Tob?. This was (lone for the Ease of the People & may convince anv impartial Person that the Burgesses have not always acted upon self'interested Principles. This late Instruction restrains the Assembly from giving up even their own Rights. Having furnish'd you with every Argument that occurs to tus otn this Occasion, except such as are already made use of in the Representation, we have only to desire you to use your utmliost Endeavours either to have this Instruction counternmandedi or alter'd in such a Manner that it mav not so sensibly affect the Interest & Liberty of the People of this Colony. You are also to take every Method of justifying the Conduct -of the Gen' Assembly in passitng those Laws so imiuch complain'd of by the Clergy, & repealed by his Majesty's Proclamation. From the- Reasonableness of our Request we cannot doubt of your success. *Henitng, IIJ, 244.
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Any Expence attending these Sollicitations will be repaid you. We are, &c. P. S. You'll please to address your future L'rs for the Com'ee to ye hon'ble Wm Nelson, Esqr, alone, & without the Addition of his being a member of this Come. This is thought a neces- sary Caution to secure 'em from ye Inspection of such as might be curious enough to open them. [Endorsement.] PROCEEDINGS OF THE COM'E, MAY 4, 176I. At a Committee held at the Capitol, MaY 4, 176I. Present: The hon'ble William Nelson, Thomas Nelson, Philip Grymes & Peter Randolph, Esqrs; Peyton Randolph, Benjamin Waller, George Wythe & Robt. Carter Nicholas, Esqrs. Mr. Nelson informed the Board that he had convened them to consider of several Matters lately occurred, which he thought required the Care & Attention of the Agent in Gt Britain, vizt.: The Case of Thornton & als vs. Buchanan, & Hamilton, late of London, Bankrupts, & their Assignees & Factors here, in which a Decree passed this prest G' Ct in favr of the Plts. from which the Deft's had pray'd an App' to the King in his privy Council. That this Decree being founded on an Act* of Ass. of this Colony, made in 1744-to wit: "An Act for the Relief of certain Creditors," which is a very beneficial Law to the Subject here, it might be necessary for the Agent to assist in the Debate in England in order to support that Law. Anor thing he proposed to ye Considn of the Board, was an Expression in Mr. Secretary Pitt's last letter to his Honr the- Govr, which he had laid before the Ass., in which the Colony is accused of being remiss in their Duty to his Majesty in not rais- ing a suffi' Number of Men for the Campain in 1760, which point he thought it necessary shd be clear'd up in England. The last point Mr. Nelsoni desired Opinion of the Com'ee in, was the public Complaint of the People for the wt of a Man of War to protect our Coast. * Heoing, V, 244.
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On mature Consid0 of these sev' Matters the Committee were of Opinion that the Agent ought to receive Instructions therein & be desired to. Mr. Nelson then presented to the Board a letter which he had previously prepared for the Purposes above mentioned, & the same being read, was with some Amendments approved of, & thereupon it was Ord', that sd Lr be fairly transcribed & that the Cl'k procure authenticated Copies of the sev' Papers referred to by the sd Letter to be transmitted therewith. The Letter is as follows: [LETTER TO THE AGENT.] (Endorsement.) 3d Letter to the Agent, May 4, 176I. Virginia, April 30, I761. Edward Montague, Esqr. Sir,-By the Receipt of our last Dispatches to you by Capt Perry, Via Bristol, you will have seen how very unfortunate we have been, in having the first and second Copies taken by the Enemy. When you received the third, you would have full Instructions in every Matter that it was then necessary to trouble you with, relative to this Colony, Since which some things have occurred which we think require your Care and Attention. There hath passed in this present General Court a Decree in Chancery in Favour of John Thornton and others (the Title is inclosed) against the Assignees of the Estate and Effects of George Buchanan & William Hamilton late of the City of Lon- don Bankrupts, for a very conisiderable Sum, near ?5,ooo sterl- ing, from which Decree the Defend" have prayed an Appeal to his Majesty in his Privy Council; And as this Decree is founded on an Act of our General Assembly, that is extreemly beneficial to the Colony, it is of the utmost Consequence that you use all possible Means to procure an Affirmance of the Decree, & sup- port the Validity of the Act. It is intituled "An Act for the Re- lief of certain Creditors passed Anno i8th of George the second: And that you may be fully acquainted with the Nature of the
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Dispute, it may not be improper to give you a short History of the Act and the Reasons of passing it. About the year I732. the Merchants of Great Britain obtained an Act of Parliament, intit' An Act for the more easy Recovery of Debts in his Majestys Plantations and Colonies in America, which was favourable to them, tho' not to us, as it subjected all our Lands in the Plantations to be taken in Execution and sold as Chattels to satisfy Debts due to Merchants in Great Britain even on simple Contracts, tho' they are not liable for any debt contracted here except by exact accord to the course of ye Common Law. This was thought somewhat hard as the Advantages were not reciprocal, and we had no certain way of recovering our Debts from them, nor could we subject Lands in the plantations belong- ing to merchants residing in Great Britain to the payment of such Debts. To remedy this and to establish one certain regular and uniform method of proceeding in the Recovery of Debts due to the Inhabitants of this Colony from Persons residing out of it, this Act was passed; soon after which, upon a proper Represen- tation of it's Reasonablness and Utility, it obtained the King's Assent, so that now it stands on as good Authority as any Act of the British parliament, and thus confirmed by his Majesty, can't be repealed but by our Assembly with the King's Assent. This is a point that you are to insist upon if it should be disputed. Under this Act we have always attached the Effects of Persons residing out of the Colony, as well as of those of good Credit, as of other dying insolvent, and of Bankrupts. The Assignees in the present Case think that by Virtue of the Statutes concern- ing Bankruptces, they are entitled to all the Effects of a Bank- rupt in Virginia, as well as in Great Britain, in Exclusion of our Rights here, the Unreasonableness and Injustice of which will appear from this Consideration; that the time limited- by the Assignees under a Commission of Bankruptcy for the Creditors to make out their Demands is so short as renders it impossible for us to come in under a Commission & receive any Benefit from it; besides the Effects which the Merchant of Great Britain hath here often gives Credit to his Factor or Agent, who buys large Quantities of robacco, draws his Bills for the payment, and if the Principal happens to break the Bills are protested; And if
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the Assignees prevail in this Case the very Effects here which the planter looked upon as a Security for the payment of the Bills are swept away by them, & he is left to lament the extreem Inequality of the Laws, if they should be so adjudged. You are therefore, Sir, to engage the best Counsel you can to support and defend the Force of this Act, the Expence of which shall be repaid you. You are not to act as a Principal in the Dispute, since the Respondents will send over a Copy of the Decree, and will also employ Counsel to prevent a Reversal. We now inclose you a Copy of the Act, with his late Majesty's Ratification in due Form so that, we repeat it again, no power on Earth can alter the Force of it less than our Assembly with his Majesty's Assent. We have observed in a Letter from Mr. Secretary Pitt to our Lieuten' Governor, which he laid before the General Assembly, he, says that this Colony had been remiss in their Duty to the King, bygrantingsofew MenforthelastCampaign, I76o. This is an Imputation that we expected ouir very liberal Grants for many Years past, even beyond our Abilities, would have secured us from; but we are willing to hope that this Censure of our Conduct arose from Mr. Secretary's forming his Idea of our Number of Men that year from the Returns which General Monckton made to the War Office, in which would appear but little more than 400 Men. But besides these, we had a thousand Men on our Southwestern Frontiers, ready to co-operate with Coll Montgomery against the Cherokees, which were prevenited from acting by the Repulse he met with, and his hasty Retreat in Consequence of it. That you may be able to remove any unfavorable Impressions of us in this Respect, and that you may put in our Claim for a proportion of any Money that was given last, or may be given next Session of Parliament, we now send you authentic Copies of both the Acts,* by which you will see that we have expended * By act passed November, 1759, it was ordered that 400 men of the Virginia regiment should be employed in such manner as the Com- mander-in-chief of his Majesty's forces should direct, and that the re- maining part should be stationed where the Governor of Virginia should appoint (Hening, VII, 331). An act was passed in March, 1760, (Ibid, .317) continuing the Virginia regiment in service, and also providing for retaining in service 3oo men, in addition, who were guarding the fron-
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all that we received of the two first Grants, and we expect there wlll be a large Sum to pay for Deficiences at the End of this Canipain. The last poinit we shall now trouble you upon, is the Com- plaint of the people for Want of a Man of War stationed here to protect our Coasts and Harbours from the Insults of the Enemy's privateers. It is remarkable that the Colony has not for a long Tract of Time been without a Guard Ship or two, "till within these five Years past, we have not had any, except now and then a Ship hath come as Convoy to the Trade, and returned with it, leaving the Coast without any Naval Protection for many Months, and last Summer a small privateer came to the mouth of our most considerable Harbour, cut out a Vessel from the Coast of Guinea of great Value, and carried her off, besides making many other Captures. The natural Way to remedy this, would be by an earnest Application to the Lords of the Admiralty, setting forth the Necessity of some Protection of this Sort, as the Trade is of Consequence and merits some Consideration. You will, there- fore, Sir, use your best Endeavours to prevail with their Lord- ships to order a Ship or Sloop of War, to be always on the Sta- tioin, besides any that may be occasionally appointed as Convoy to the Trade to and from Great Britain. [Endorsement.] PROCEEDINGS OF THE COMMITTEE, I ITH AND 13TH JUNE, 176I, With the 4th L1 inclosed. At a Come held June IIth-, 176I. Present: hon. W. Nelson, T. Nelson, P. Grymes & P. R., Esqrs., Mr. Atto Col. Bland, Mr. Waller, Mr. Wythe & Mr. Nicholas. That Pt of his LT relat'g to an Address of Condol0" complied -with last Sess., The Ass. not sett5 before. tiers. By act of the May session, 1760, (Ibid., 357) 300 men of the Vir- ginia regiment, and an additional force to be enlisted, not exceeding 700, were ordered to the relief of Fort Loudoun, which was threatened by the Cherokees. The acts referred to in the text were, no doubt, two of these.
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The Satisfaction given his Maj'tys Subjects of Virga to hear of his Accessn to the Throne* so much to the Satisfact" of his people. Not to put himself to the Expence of Copies of the Vouchers by w'ch Mr. Dinwiddie passed his Accts. till he hears further from ye Com. That he will endeavour to inforce the Represent" from hence sent him formerly in Regard to the Dispute with the Clergy & the other Matters recommended to him. To be informed it is notorious here that Maryland raised no, Men. That he enforce the Instruct"" given him in the Last Let- ters from hence relative to the Number of Men raised for the last Campain to join Col. Montgomery. And that the Men were under Gen' Amherst's Comm4 & Col. Byrd rec' orders from him. To give him the Opinion of this Com'tee what Articles of Expence in the Execution of his Office will be reimbursed, & what not. That it is the Opinion of the CoMr that a Commissn of IS Y2 Ct will be allow'd him for all Monies he shall receive for the use of this Colony & that he be desired to inform Mr. Abercrombie of this & that it is expected he will re-settle his Accounts agree- able to this Direction, which if he refuses, Mr. Montague must oppose his passg his Acc' in any other Manner at the Treasury. As to Mr. Rowe, it is known whether he is gone home on any particular public Business but that the CoMr look upon his En- quiry into this Matter as an Instance of his Attention to the Interest of this Colony. Not to look upon himself as concern'd in procuring the King's Assent to any private Acts of Assembly, but that it's left to the parties concern'd to emplov whom they please, & that he is at Liberty on Application to solicit any such Acts. Mr. Att?, Mr. Nicholas & Mr. Wythe appointed to prepare the L'. At a Com. held ye 13. The Com. Prest: W. N., T. N., P. G., & R. B., Esq1', Jnv * George III succeeded to the throne on the death of his grandfather in 1760.
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Robinson, Peyton Randolph. G. W., & R. C. N., Gent. Lr read & agreed to & signed by the Members present. LETTER TO THE AGENT. [Endorsement]: 4th L' to the Agent. June 13, 176X. Virginia, June 13th, 176I. Sir,-From your letters of the I5.and igth of Feb. and the 3d and 5th of March, which we have received, we are well pleased to find that your conduct still merits our approbation, and have grounds to hope your attention to your own credit, as well as zeal for the colony's interest, joined with assiduity, patience and perseverance, will render any great share of that influence you disclaim unnecessary to promote the good of your constituents. As Virginia is not inferior to any part of the world in that duty to their present sovereign, which they manifested in every instance to his roial progenitor; so they were not less sensible of that grief which every British heart was afflicted with on the de- mise of his late majesty nor would have been less early in con- gratulating his successor on his accession, but that this ceremony was necessarily delaied 'til the meeting of the general assembly, when an address of the united powers of the legislature was pre- pared which we believe hath been presented. The general testimony that our young monarch is giving daily proofs of his inclinations to add to the glory and felicity of his people will justify our indulging the most delightful prospects of liberty, peace and plenty, and incline us to expect that he will graciously extend his roial and paternal care and protection equally to all his subjects, and redress the grievances of any of them, how remote soever, when properly explained, with his wonted benignity. We need not repeat, and can not add to any thing in our former letters on the subject of the address and representation, and other matters recommended with them to you, not doubting your endeavours to solicit and enforce them effectually, and leav- ing the manner of doing it to your own discretion. If the resolution of the lords of the treasury " to admit no sollicitations from the agents relating to the distribution of the money granted by parliament'" is not unalterable; if they can
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be made acquainted with what we have formerly written on that head; if they knew what is notorious and confessed here, that Maryland did not furnish a single mani for the service in the year 1759, and for seieral years before; and if they were informed that i,ooo of the men levied, subsisted and paid by this colorny last campaign, serving under an officer who received his orders from general Amherst, were intended to have joined his majes- ty's forces under col. Monckton, and would actually have done so, but that they were afterwards, with the general's approbation, directed to assist the forces from South Carolina under col. Montgomery. We say, if these considerations were sufficiently attended to, have we not reason to hope the application of the money would be more justly proportioned to the vigor and strenuous efforts of the " respective provinces ?" When you can procure an audience on the subject of the act of 22 G 2 for settling the titles and bounds of lands, &c., we hope the utility of that salutary law will not be measured by the care and diligence of those who have before sollicited the affairs of this colony. We would not have you put us to an expence for copies of the vouchers of mr. Dinwiddie's account, until we shall have given you further directions, after seeing it. We are obliged to you for the information you have given us concerning the commissions allowed the agents of the other col- onies. We are willing and do agree to allow you what seems to be a reasonable commission, 1 ? per cent. for your trouble in receiving and remitting this colony's proportion of money granted by parliament, and we desire you to inform mr. Aber- crombie of this our resolution, and that we expect he will reduce his charge for that service to the like proportion, or otherwise that we have instructed you to oppose the passing of his account at the treasury. [On the margin is written, "This to be left out. "] We think that gentleman hath not dealt with us as he ought, both in overrating his commission, and in many other articles of disbursements in his account. We should not have objected to reimbursing him his expences in procuring papers, &c., for our use, as we are willing to allow any of yours of that kind. As we do not know that mr. Rowe is charged with any em-
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bassy which can concern this colony, we have nothing more to say in answer to so much of your letter as relates to him than that we regard your precaution as an instance of that vigilance by which we hope all the purposes of any enemies to the tran- quillity and happiness of this country on your side will be de- feated. The sollicitation of the roial assent to any private acts of as- sembly we do not consider as an ex officio business of yours, unless,you have particular directions from us relative to them; but we do not mean to restrain you from doing that office at the request of any parties interested who shall apply to you. Our governor, by a faithful, prudent and steady administra- tion, bath given such universal satisfaction that we think the good of this country concerned in 'preventing any aspersions or ill impressions his conduct may give birth to,' and we be- lieve every well-wisher to it nmost heartily congratulates us on .his being continued in his government. the Treasurer of this Colony to pay you /5?? sterling B Ann. for yor Trouble & Expence in ye Discharge of your Duty in such Office yet, &c. It may not be improper to mention here that tho' the Act for -the appointing an Agent directs (here insert the Words of the Act relative to this point as I have not the Act), yet that it did not mean to subject you to the expences accruing by the procuring of papers & other services of that kind; you will all- waies be reimburs-'d for such, & may charge the country for them in your fuiture Acct. N. B. for fear you should not read my blots I put that part over again to the expences accruing by the procuring of papers & other services of that kind. (TO BE CONTINUED.)
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==See also==
*[[S. Bassett French Biographical Sketch]]
*Other Related Wythepedia Pages

==References==
<references/>

==External links==
*Read this book in [https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fbooks.google.com%2F&data=05%7C02%7Csnblai%40wm.edu%7C8aa76e76940641dac63008de7309c687%7Cb93cbc3e661d40588693a897b924b8d7%7C0%7C0%7C639074682998650757%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=BA8w%2FCHBiUFVXYaqMYq5S1VlmP6MrL3gF5RwnMwBFQI%3D&reserved=0 Google Books.]

[[Category: Biographies (Articles)]]

Proceedings of the Virginia Committee of Correspondence

2026-02-24T15:51:27Z

Gwsweeney: /* Page 356 */

{{DISPLAYTITLE:''Proceedings of the Virginia Committee of Correspondence, 1759-'67''}}
[[File:VirginiaMagazineOfHistoryAndBiographyApril1903p337.jpg|thumb|right|350px|First page of "[[Media:ProceedingsOfTheVirginiaCommitteeOfCorrespondenceApril1903.pdf|Proceedings of the Virginia Committee of Correspondence, 1759-'67]]," ''Virginia Magazine of History and Biography'' (April 1903), p. 337.]]
Introduction and summary.<ref>Please footnote sources.</ref>

==Article text, April 1902==
===Page 353===

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VIRGINIA LEGISLATIVE DOCUMENTS. Many years ago the older papers forming the records of the General Assembly of Virginia were removed from the office of the Keeper of the Rolls, and deposited, or rather, apparently, thrown in a heap, in the garret of the Capitol. They long remained in this p)lace with the dirt accumulating on them, unthought of and unused, except by Mr. W. W. Henry, who obtained from the mass, much material used in his Life of Patrick Henry. About ten years ago the Legislature placed these records in the custody of the Secretary of the Commonwealth for arrangement and possible publication. They were, accordingly, brought down from the garret, properly arranged in chronological order, and put up in packages; but the removal of the State Library to a new building and a demand for the room in which these records were stored for other use, almost undid the good done by the arrangement. It became necessary to remove them to the new building, where they are packed in such a small space that they are practically inaccessible uintil again examined and arranged. This Society has obtained permission to copy and publish them, and the first installment appears below. These papers consist of petitions, remonstrances, letters, executive communications, rough draughts of bills, &c. There are a few documents of an earlier date than 1774; but the mass of them begin in that year. [The first two papers in this collection are deeds, dated in 1728, conveying a lot of land for a free school in the town of Norfolk. These were printed in the Lower Norfolk Antiquary, I, 78-8I.] Proceedings of Virginia Committee of Correspondence,* 1764. VIRGINIA AND THE ENGLISH "DECLARATORY ACT." At a Committee of Correspondence held at the Capitol December I9, 1764. *See Note i, at
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Present: The hon'ble John Blair, Wm. Nelson, Thos. Nelson and Peter Randolph, Esqr., John Robinson, Peyton Randolph, Richard Bland, Geo. Wythe, L. Burwell & Dud. Digges, Esqr. Mr. Montague's Letter of the 2ISt July, was read & a Letter ordered to inform him of the proceedings of the present Session of Assembly on the Subject of the Taxes * proposed to be laid on the Colonies by the British Parliament & that copies of the Address to his Majesty & the Memoriais to the House of Parliament be got ready to go with the Letter. And the Comn. immediately proceeded to prepare such a Letter, which was done at the Board, signed by all the members present and is as follows: Virga, Dec., 20th, 1764. Sir, We have rec'd your Letter of the 2ISt of July last, & have only to observe with Respect to the Act * * of * * for regulating the German Coin, that his Hon. Gov. has wrote to ye Lo'ds of Trade oni that Subject, tranismitted to themii an answer to the objection raised agaitnst it, in which he was assisted by some of our members & to which we beg leave to refer you. We are now to inlform you that the Genieral Assembly of this Colony met on the Day we mientioned in our last, and immediately took into consideration the Taxation proposed by the British Parliament on the American Colonies, when your several Letters on that subject and the Votes of the House of Comnmonis which you sent us were laid before themn. The Result of their Deliberation on this important Subject, is an address to the King, and memorials to the two Houses of Parliament, in which the Council and House of Burgesses have unanimously joined and directed us to transmit them to you; and we must desire of you to try every possible method of having them properly presented and use your utmost Influence in supporting them. We are under some apprehensions that you will meet with Difficulty in getting the memorial to the Connmons laid before them, as we have heard of their refusing to receive Petitions from the Colonies in former similar Instances. If this should be now the case we think you should have them *See Note 2, at end.
This
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printed and dispersed over the Nation, or the substance of them at least published in such manner as you may think least liable to objection, that the People of England may be acquainted with the Privileges & Liberties we claim as British Subjects; as their Brethren and the dreadful apprehensions we are under of being deprived of them in the unconstitutional method proposed. We have had so many Proofs of your attention to our Interest that we do not entertain the least Doubt of your doing every thing in your Power to assist us in this very interesting Occasion in which we are persuaded you will be heartily seconded by the Agents for the other American Colonies. We are Sir, Yr. mo. hble. Servt", J. Blair,* W. Nelson,t T. Nelson,: P. Randolph,? J. Robinson,II Pey. Randolph,? R. Bland,* * G. Wythe,t t L. Burwell, t + D. Diggs, Jun. ? Proceedings of Virginia Committee of Correspondence, 1765. THE RESOLUTIONS OF MAY 30, 1765. At a Committee held at the Capital the I4 Day of Septmr, I 765. Present: The hon. John Blair, Wm. Nelson, Thos. Nelson & Robert Carter,' Esqr, Peyton Randolph, Geo. Wythe, Robt. Carter Nicholas,?? Lewis Burwell, and Dudley Diggs, Esqr, *John Blair, of Williamsburg, born j686, died November 5, 177, was a nephew of Rev. James Blair, D). D., the first President of William and Mary College, and entered early into public life. He was member of the House of Burgesses for Williamsburg 1736, I738, 1740; Auditor- General 1732-177 1; member of the Council 1743-177 1, and as President of that body was acting Governor January-June, 1758, and March-October, 1768. He married Mary, daughter of Rev. John Monro, and was father of Justice John Blair, of the U. S. Supreme Court See Wiliam and Mary Quarterly, VII, 134-153; VIII, i-i7; and " Blair, Banister and Braxton Families." t William Nelson, of Yorktown, born 171 1, died November I9, 1772. He was a member of the House of Burgesses for York county 1742, 1744; of the Council 1744-1772, and as President of the
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Mr. Atto; Mr. Wythe, Mr. Nicholas, appd to prepare a Letter to acting Governior from October 15, 1770, to August, 1771. He married Elizabeth, daughter of Nathaniel Burwell, of "Carter's Creek," Gloucester county, and was the father of Thomas Nelson, signer of the Declaration of Independence See R. C M. Page's Page, Nelson, &c., Families, 2d edition. I6o- i66; William and Mary Quarterly, VII, 25-30; Meade's Old Churches and Families of Virginia, 1, 205- 210. 4 Thomas Nelson, of Yorktown, Va. (a brother of William Nelson), was born in 1716 and died in 1782. He was a member of the House of Burgesses for York county 1745-1749, inclusive; of the Council 1749-76, and Secretary of State 1743-76. It appears from the Virginia Gazette (Dixon and Hunter's), of May 6, 1775 that he was then President of the Council. His house at Yorktown was for a time Cornwallis' headquarters; btut was destroyed by the bomnbardment. " Secretary Nelson," as he was usually called, was at Yorktown when the siege commenced; but on October 8th, came out to the Americani lines under a flag of truce. A contemporary writer says that he spoke cheerftully to the officers who gathered arotitnd him, and encouraged them by his description of the great damage the shells were doing in the town. He married Lucy Armistead. . Peter Randolph, of " Chatsworth," Henrico county, born 1713, died July 8, 1767; was appointed to the Council in 1751. and was Surveyor General of the Customs for the Middle District of North America. He was probably not in favor of any radical measures iii opposition to England, as Jefferson says that the morning after Henry's resolutions-the first five-were adopted in 1765, he saw Colonel Peter Randolph sitting at the clerk's table examining the journals to find a precedent for expunging a vote of the House. His will is published in Water's Gleanings. He married Lucy, daughter of Robert Bolling, of Prince George county, and was the father of Beverley Randolph, Governor of Virginia. IIJohn Robinson, of " Mt. Pleasant," King and Qtueen county, was born in Virginia, and died in May, 1766. He was a member of the House of Burgesses for King and Queen county 1736-1766, and Speaker of the House and Treasurer of Virginia 1738-1766. The Virginia Gazette for May i6, 1766, contains the following: "On Sunday last died John Robinson, Esq., a member of the General Assembly for the county of King and Queen. He had been almost thirty years Speaker of the Burgesses, every one allowing to his indisputable merit, not the second, but the first place in that House; which post he filled with sufficient ability, and equal dignity: So that the public is deprived of a most uiseful servant. And the matny amiable virtues which adorned his private
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the agent to acknow: Rec' of his sev" Letters of i9th Novr, I764, station, whilst they consecrate his memory among his friends, dependants, and acquaintance, mark his death as a calamity to be lamented by the unfortunate anid indigent who were wont to be relieved and cherished by his humanity and liberality." His natural abilities, and genial temper, united to the two offices he held, made him long onie of the most influential nmen in Virginia. This easy and generous disposition caused him to be a careless guardian of the public funds, and at his death he was found to be a defaulter for about ,?roo,oou. Much of this was on account of moniey he had loaned to friends. Ultimately the whole was repaid from his great estate. He married (1), Story; (II), Lucy, daughter of Augustine Moore, of "Chelsea;" (II), Susanna, daughter of Colonel John Chiswell. His onily descendants are through his daughter Susanna, who married Robert Nelson, of "MNlalvern Hill," Henrico county. ? Peyton Randolph, of Williamsburg, born 172I, died September 22, 1775, was member of the House of Burgesses for William and Mary College of Williamsburg from 1748 to 1775, continuously; Attorney- General 1748-1766, and Speaker of the House of Burgesses 1767-1775. He was President of the Convention of March, 1774 and 1775, and that of July in the latter year, but resigned the position in August on account of bad health. Was President of the Continental Congress in 1774 and 1775. He married Elizabeth, sister of Benjamin Harrison, the signler of the Declaration of Inidependence, but had no issue. ** Richard Bland, of "Jordan's," Prince George county, born May 6, 17IO, died October 26, 1776. He was a member of the House of Burgesses 1742-1775, continuously; of the Conventions of March, July and December, 1775, and May, 1776; elected member of the Colonial Committee of Correspondence in 1773; of the Committee of Safety 1775, anld of Congress 1774, and re-elected in 1775. Throughout the events producing the Revolution he was one of the leaders of the colony. He was author of " A Letter to the Clergy on the Two-penny Act" (176o), and " Ani Inquiry into the Rights of the British Coloniies " (1766). He married Ann, daughter of Peter Poythress. t t George Wythe, born 1726, in Elizabeth City county, died June 8, i8o6, in Richmond; was a member of the House of Burgesses for Williamsburg 1754-1755, for William and Mary College 1758-1761, and for Elizabeth City couinty 176 1-1768. He appears at the date last mentioned to have retired for some years from public life, and held no other office until elected to Congress. He was a member of that body in 1775 and 1776, and signed the Declaration of Independence. He was chancellor of the State of Virginia and first professor of law in William and Mary College.
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Feb. 7th and i6th, April 4th, and May Ist, 1765. To apprize See biographical sketch prefixed to B. B. Minor's edition of Wythe's Reports, and William and Mary Quarterly, II, 67-69. I t Lewis Burwell, of " Kingsmill, " James City couinty, member of the House of Burgesses for that county from 1758 to 1775, continuously. He married Frances, daughter of Edwin Thacker, of Middlesex county, and is said to have died in 1784. D Dudley Digges, of York county and Williamsburg, was born 1729, and died June 3, 1790. He was a member of the House of Burgesses for York county 1732-1774; of the Convention of 1775-1776; of the Committee of Correspondence and Safety and of the State Council I 776-1780, &c. He married, first, Martha Armistead; second, Elizabeth, daughter of Ralph Wormeley, of " Rosegill," Middlesex county. 0 Robert Carter, of "Nominy Hall," Westmoreland county, born 1728, died Mlarch 4, 18o4, in Baltimore, Md. He was appointed to the Council in 1758. It is believed that shortly before the Revolution he retired from public life and devoted his time to the management of his estate, and to books anid music. After the war he freed most of his slaves, several hundred in number, and removed to Baltimore. He married Frances, daughter of Hon. Benjamin Tasker of Maryland. In regard to him, see the " Diary of Philip Fithian " (Princeton Uniiersity Press), who was a tutor at Nominy Hall just before the Revolution. 0 0 Robert Carter Nicholas, born 1715, died 1780; was a member of the House of Burgesses 1764-1776, Treasurer 1766-1776, member of the Revolutionary Convention, of the House of Delegates 1777-1779; Appointed Judge of the Court of Chancery, and Judge of the Court of Appeals of Virginia. He married Anne, daughter of Col. Wilson Cary, of " Ceeley's " and " Richneck," and was the fatherof W'ilson Cary Nicholas, Governor of Virginia, anid U. S. Senator, and of George Nicholas, so distinguished in Kentucky. It has been deemed proper to give sketches of the ptublic services of the men who formed the Committee of Correspondence of 1764-'65, because their selection as members of that body by the Council and House of Burgesses, shows that they were considered as among the leading men of the two branches of the Assembly. They were, indeed, types of the men who were at the head of aflairs in Virginia just prior to the Revolutionary movement. They were men devoted alike to England and to the rights of the Colonies, and all of them of good character, liberal education, for the time, and of large estates. Blair was educated in Scotland ; the two Nelsons, it is believed, at WVilliam and Mary, as was Peter Randolph. Robinson was probably educated in England, and Peyton Randolpli studied at William and Mary and the Tem-
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him of a spurious Copy of the Resolves* of the last Sess. of Ass. on hearing of the Stamp act being dispersed abt & printed in the News Papers, & to send him a true copy of the Votes on that occasion properly authenticated, to prevent any ill Impress8 from the Spurious copies. To advise him of the Act for continuing him in office, & to thank him for his care & attento to the Intr of America notwithstanding the fatal stamp. Sept. I9. Letter read and signed by: J. Blair, W. Nelson, T. Nelson, Peyton Randolph, Peter Randolph, G. Wythe, R. C. Nicholas, L. Burwell, D. Diggs, Jun. Resolved, That the first adventurers and Settlers of this his Mlajesty's Colony and Dominion of Virginia, brought with them and transmitted to their posterity and other his Majesty's Subjects since inhabiting in this his Majesty's said Coloniy, all the Liberties, Privileges, Franchises and Immunities that have at any Time been held, enjoyed and possessed by the People of Great Britain.. Resolved, That by two Royal Charters granted by King James the first, the Colonists aforesaid are declared entitled to all Liberties, Privileges and Immunities of Denizens, and Natural Subjects to all Intents ple; Richard Bland, at William and Mary and Edinburgh; Wythe and Nicholas, at William and Mary, as, it is thought, were Burwell and Digges; while Carter was educated in England. William Nelson and Nicholas were noted for their devotion to the church. In character, education and manner of life, these typical Virginians of the first rank during this period, were as different as it was possible for men to be from the ignorant and debauched creatures which it has pleased various so-called historianns and biographers to picture as representatives of Virginia colonial character. After 1765 new men came forward, and most of the members of the Committee of Correspondence, who remained, became more radical in their views, and were foremost in the Revolutionary movement as they had been in the peaceful period preceding it. Peyton Randolph, Blatid, Wythe and Nicholas, will always hold a high place in our history, and Digges and Burwell, though in minor places, played their parts well. * See Note 3, at end.
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and Purposes as if they had been abiding anid born within the Realm of England. Resolved, That the Taxation of the People by themselves or by Persons chosen by themselves to represent them, who can only know what Taxes the people are able to bear, or the easiest Method of raising them, anld must themselves be affected by every Tax laid on the People, is the only Security against a burthensome Taxation, and the distinguishing characteristics of British Freedom, without which the ancient Constitution cannot exist. Resolved, That his Majesty's liege People of this his most antient and loyal Colony, have without Interruption enjoyed the inestimable Right of being governed by such Laws respecting their internal polity and Taxation, as are derived from their own Consent, with the approbation of their Sovereign or his Substitute, and that the same hath never been forfeited or yielded up, but hath been constanitly recogniized by the kings and people of Great Britain.
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==Article text, April 1903==

===Page 337===

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PROCEEDINGS OF THE VIRGINIA COMMITTEE OF CORRESPONDENCE, 1759-'67. From the Originals in the Virginia State Archives. [At the February session, 1759, of the General Assembly of Virginia, Edward Montague, Esq., of the Middle Temple, was appointed the agent for the colony in England, and a committee, termed the Committee of Correspondence, composed of members of the Council and House of Burgesses, was appointed to transact all business with him. The agent was to support before the English government any laws passed in Virginia in regard to which there might be any question of approval, and was generally to represent the interests of the colony in England. Therefore, the correspondence between the committee and the agent must be of value as throwing light on the history of the period. Two letters from the committee, found amnong the Legislative papers, have been published in Vol. IX of this Magazine, pp. 353-360. See same Vol., pp. 355-359 and 364, for a note on the Committee of Correspondence and biographical sketches of its menmbers. Francis Fauquier became governor of Virginia on June 7, 1758, and held the office until his death, on March 3d, 1768.
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Sessions of Assembly were held in September and November, 1758; February and November, 1759; March, May and October, 1760, and March, 176I.] PROCEEDINGS OF THE COM. OF CORRESPONDENCE, MAY 2D, 1759. At a Meeting of the Committee for corresponding with the Agent appointed to sollicit the Affairs of this Colony in Great Britain, held at the Capitol in Williamsburg, May 2d, 1759. Present: The hon'ble William Nelson, Esq', Chairman, the hon'ble Thomas Nelson, Philip Grymes & Peter Randolph, Esq", John Robinson, Peyton Randolph, Robt. Carter Nicholas, and George Wythe, Esq". Resolved, That George Davenport be appointed Clerk of this Committee. Resolved, That a Letter be wrote to Edward Montague, Esq'. the Agent for this Colony, with a Copy of the Act of Assembly appointing him agent: And that a Copy of the Representation formerly sent by the Assembly to Mr. Secretary Pitt, be transmitted to him therewith. Resolved, That Application be made to the Governor for Copies of the several Letters wrote by Mr. Secretary Pitt, in Relation to the Application to be made to Parliament in behalf of this Colony, and that they be sent Home to the Agent to enable him to sollicit for the proportion of Money granted, and to be granted by Parliament, for reimbursing this Colony the Money they have expended. Resolved, That the Agent be instructed to use his Endeavours to get the King's Assent to an Act of Assembly past in the 22d Year of his Majesty's Reign intituled "An Act for settling the Titles and Bounds of Lands, and for preventing unlawful hunting and Ranging." And that the Clerk apply to Mr. Palmer for a Copy of the Reasons that were drawn up in order to be sent home, in Support of the said Act of Assembly. Resolved, That the Agent be instructed not to shew the Act of Assembly for appointing him Agent, before all the Acts passed the last Session of Assembly are transmitted by the Governor to the Board of Trade.
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And as there is some Reason for apprehending Attempts may made for repealing the said Act, that the Agent be directed to use his utmost Endeavours to prevent the same, and be made acquainted with the Reasons of an Agent being appointed by this Colony. Resolved, That the Agent be instructed to use his utmost Endeavours to prevent any additional Duty on Tobacco, and that he be furnished with Reasons for opposing the same. Resolved, That the Agent be instructed to get a Copy of the Account of Mr. Dinwiddie's Disposition of the ?20,000 granted by his Majesty, for the Use of this Colony, which he says he has passed with the Treasury, and that he procure, and send over, Copies of the Vouchers by which the same was passed. Resolved, That the hon'ble William Nelson and Thomas Nelson, Esq-, & John Robinson and Peyton Randolph, Esq", do prepare a Letter to be transmitted to the said Agent, in pursuance of the aforegoing Resolutions. A Copy. GEo. DAVENPORT, Clk. Com. PROCEEDINGS OF THE COM. OF CORRESPONDENCE NOV'R 7,. I759. At a Meeting of the Com. of Correspondence held at the Capital Nov" 7th. 1759. Present: The hon'ble William Nelson, Philip Grymes & Peter Randolph, Esqr6, John Robinson, Peyton Randolph, Charles Carter, Landon Carter & Richd Bland, Esq". It appearing to this Comittee that a Letter hath not yet been sent home to the Agent for this Colony, pursuant to the Resolutions of the former Committees, it is therefore Resolved, That a Letter be prepared to be sent Home to the said Agent. by Mr. Speaker, Mr. Attorney, Mr. Charles Carter, Mr Landon Carter and Mr. Bland, to he laid before this Comnittee at their next meeting. Resolved, That the Gent. appointed to prepare the said Letter be inistructed to inform the said Agent of the Reasons that prev'ailed with the Legislature of this Colony to pass the Act made in the thirty second Year of the Reign of his present Majesty, intituled An Act to enable the Inhabitants of this Colony to dis
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in Money for the ensuing Year. Resolved, That it be a Direction to the Gent. above appointed to prepare the said Letter to the Agent, to omit taking any Notice in the said Letter of the Directions of the former Committee, whereby the said Agent was required not to shew the Act 6f Assemibly of this Colony appointing him to his Office, before all the Acts passed at the last Session of Assembly should be transmitted by the Governor to the Board of Trade; And that they be discharged from furnishing the Agent with Instructions to prevent an additional Duty on Tobacco, as was directed by this Comittee at their fornmer Meeting, it appearing to this Comittee that such a Duty hath already taken place. Ordered, That the Committee be adjourned to Wednesday next at IO o'Clock. A Copy. G. DAVENPORT, Clk. Com. AT A COMMITTEE OF CORRESPONDENCE HELD AT THE CAPITOL NOV'R 14TH, 1759. Present: The hon'ble William Nelson, Thomas Nelson, Philip Grymes & Peter Randolph, Esq'8, John Robinson, Charles Carter, Richard Bland, Landon Carter, George Wythe & R. C. Nicholas, Es;qT'. Mr. Nelson infornmed the Committee that the Revd Mr. John Camm * Minister of the Parish of York hampton hath latelv commenced a Suit at Law against the Collectors of that Parish to recover his Salary in Tobacco, in Opposition to the Act of Ass: made in the xxxiii Year of his Majesty's Reign intituile(i An Act to enable the Inhabitants of this Colony to discharge their public Dues, Officer's Fees & other Tobo Debts in Money for the ensuing Year. He therefore desired the Opinion of the Coni. whether this Matter is not of so public a Nature (whereini the Power of the Legislature of this Colony in making temporary Laws for the public Weal will be called in Question) as to nmerit their particular Attention, and if need be, their Aid & Assistance in contribuLting to the Expences that may accrue in *See note at enid of article.
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defending the said Suit either here [or] in Great Britain, as such Expenses may be to heavy to be borne by that Parish. After Consideration whereof, it. is the Opinion of this Committee, and accordingly Resolved, That this Matter be proposed to the Consideration of the House of Burtgesses, and their Opinion desired there- UPOII. The Commnittee appointed to prepare the Letter to the Agent in pursuance of the Resolutions of the Com. at their last Meeting not having compleated the samie Ordd, That the Com. be adjd to Saturday morning next. SATURDAY NOV'R 17, 1759. Present: The hon'ble W. Nelsoni Thomr Nelson & Ph. Grymnes, Esq"r, Jno. Robinson, Ch' Carter, Rd Bland & R. C. Nicholas, Esq . The Letter to the Agent not being yet finished pursuant to the former Resolute Ordd, That. ye Com. be adjd to Monday morning next. AT A COM. HELD AT THE CAPITOL ON MONDAY I9 NOV'R, 1759. Present: The hon'ble W. Nelson, T. Nelson, P. Grymes & Peter Randolph, Esqr, John Robinson, Rich' Bland, G. Wythe & R. C. Nicholas, Esq"'. The Comn. appointed this day preseinted a Letter they had prepared with Instructions to the Agent agreeable to their foriner ResoluLtions, to which sev' Amendments being proposed & agreed to, Mr. Speaker was desired to reduce the same into form. Ordd, That ye Corn. be adjd till Tomorrow. NoV'R 20TH. Present: As before. Mr. Speaker informing the Com. that he had not suff' time since yesterday to draw up the amendnments proposed to the Letter to the Agent, Ordd, That ye Com. be adjd.till Tomorrow.
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LETTER TQ THE AGENT, DEC., 1759. Williamsburg, Dec" I 2th, 1759. Sir,-The General Assembly of Virginia has by an Act passed the 14th of April, 1759, intituled "An Act for appointing an Agent " a Copy of which is herewith inclosed, been pleased to appoint you the Agent of this Colony, & directed their Treasurer to pay you yearly the Sum of ?50o sterling, in full for your Expenses & Trouble in the Execution of your Duty. The Appointment of such an Officer to represent the Grievances of the People, to justify their Conduct to their Sovereign. to obtain his Approbation & Assent to such Laws as their Rep. resentatives shall think necessary for their Welfare and good Government, to implore his Assistance in the time of Danger and Calanmity, and to protect and explain their Rights & Interest ill Parliament, seem to be the natural Privilege of all Colonies, so far remov'd from their King and Mother Country. Yet the People of this Colony have had the Misfortune allways to be disappointed in . their Endeavours to attain this Right, tho universally claim'd, and enjoy'd by all his Majesty's other Colonies anid have been obliged to depend for these great and important Services on an Agent appointed by the Governor and Council, who for want of the Weight which a national Establishment would have given hinm, the Authority which must necessarily be derived from every Power of the Legislature, the Instructions when and for what Reasons he should interpose, must have beeni very deficient in his Duty, when considered as regarding the whole. Besides sonletimes diflerent Initerests arise ailmongst the different Branches of the Legislature, different Instructions then become necessary; an Agent so appointed is obliged to obey those by whom he is appointed, and by the plainest Consequence in Affairs of the greatest Moment, the Body of the people nmay be left without the Shadow of a Representative. It is to our not having a Representative properly appointed and instructed, that we in a great Measure attribute the passing an Act of Parliament for laying a Duty on our Tobacco, the Staple of this Colony (in the present State of the Tobacco Tr-de, a great Grievance to the people), and the Repeal of several
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Laws, thought to be very saltitary. But these are Misfortunes which can now perhaps be only lamented and not redressed. We being by the same Act apppointed a Committee to correspond with the Agent, must now desire you to take this Office upon you, and that you will take Care allways to he ready to prevent the Repeal of Laws passed by the Legislature, the Reasonis for which, will be from time to time transmitted to you by us; to support any Representations which it may be necessary to make, and for that Purpose will not fail to attend them thro' the several Boards to which they may be referred; To give early Intelligence of anything that may be moved in Parliament, or the Department for American Affairs to this Committee; And in all things relative to this Colony, to use your best Endeavours, according to your Discretion, to protect her Rights and secure her Interest. We must desire you immediately to join in any Solicitations which may be made, for a Grant of a Sum of Money, to reimburse the Colonies, in some measure, for the great Expence they have been at during this War, agreeable to the Promise made by Mr. Secretary Pitt, in his Letters of the gth & 29th of Decenmber, 1758, to the Governor, and by him laid before the Assemiibly, Copies whereof are inclosed. And if any such Grant shall be made, to endeavour to get as large a proportion of the same as the persons appointed to distribute it shall think we deserve; And that you may be able to shew what our Expence has been, we have minuted down the several Sums that have been raised in this Colony, and the Purposes for whlich they were raised in a particular Account * thereof herewith sent, and to which we refer you. Also that youi use your best Endeavours to get the Kinig's Assent to an Act of Assembly passed in the 22d Year of his present Majesty's Reign, intitd "An Act for settling the Titles and Bounds of Lands and for preventing unlawful Hunting and Ranging," which having a suspending Clause, cannot take Effect till this is done. This Act was passed upon the Revisal of all the other Laws of this Colony, and the chief Intention of it was to reduce the sev- * Not found.
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eral Acts relating to the Conveyance, taking up, settling, savinig & cultivating of Lands, into one Act; and also an Act prescribing the method of docking the Intails of Land of no greater Value than /200 sterling, by a Writ, called a Writ of Ad quod Damniuni. To most of the other Acts passed at the same timiie his Majesty was pleased to give his Assent. But this Act was laid by, as we imagine, to be considered, whether his Majesty's Right of granting Land was affected thereby. And as it will appear by the several Amiiendments hereafter mentioned, that nothing of that Sort was intended, or affected by them, we conclude that it is enitirely owing to a want of a proper Application, that his Majesty's Assenit has not, lonig since, been obtained thereto. The several Acts it takes in are as follow: An Act for settling the Titles and Bounds of Land, and for preventing unlawful Shooting & Ranginig thereon. 9 Anne, Cap. 13. An Act to prevent Lanid lapsing from an Infant for not seatinig and planting, or not paying Quit Rents, until three Years after they come of Age. r I Anne, Cap. 4. An Act declarinig what shall be accounited a sufficient Seating, cultivatinig & improving of Lands, already granted, or hereafter to be taken up and patented. 12 Anne, Cap. 13. An Act explaining & further declaring what shall be accounted a sufficient Seating & Improvemenit of to save Lands from lapsing, and for the better Recovery of Lanids lapsed from Persons living out of the Country. 7 Geo. i, Cap. 3. An Act for amending the Act intituled An Act for settling the Titles and Bounds of Lands, and for preventing unlawful Shooting and Ranging thereupon. 8 Geo. 2, Cap. 6. An Act for the better Preservation of the Breed of Deer, & preventing unlawful Hunting. 12 Geo. 2, Cap. 14. An Act for amending the Act intituled An Act for settling the Titles and Bounds of Lands and for preventing unlawfuil Shooting and Ranging thereupon. i8 Geo. 2, Cap. I4. By perusing these Acts, you will find that no Alterations are made by this Act, except in a few Instances. In the Act of the 8 Geo. 2, Cap. 6, which is the Act that
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directs the Method of docking Intails of Land of no greater Value than ?J200 Sterling, these are the Alterations made. i. It directs that the Surveyor of the County where the Land lies, shall survey the Land, in Order to satisfy the Jury, who are sworn pursuant to the Directions of the Writ of Ad quod Damnum, what Land precisely thev are to value. 2. It directs that the Heir shall be summoned, to give him an Oportunity of detecting any Fraud that may be committed on the Execution of this Writ. 3. It confirms the Title of those who had proved their Deeds in the County Court. By the Act of the 8th Geo. 2, Cap 6, the Deeds of Conveyance for the intailed Lands docked under said Act were ordered to be recorded in the General Court. But the Lawyers here were of Opinion, as other Acts gave the County Courts full Jurisdiction to receive the Proof or Acknowledgement of Deeds of Land within their County, that the Purchasers of these intailed Lands might safely prove theit Deeds in those Courts. The Assembly finding that this might occasion many Law-suits, and might possibly defeat the Titles of many fair Purchasers, thought it was agreeable to Justice and Equity to confirm such Titles. This Act of the 8th Geo. 2, was the only Act that had received his Majesty's Assent, anid was the Reason for adding the suspending Clause. The only Alterations made in. any of the other Acts, are in the Act of the 7th Geo. Ist, Chap. 3, by reducing the sum for saving Fifty Acres from Ten pounds to Five, and by limitting the time for bringing Petitions to ten Years, which was not mentioned in either of the above Acts. By our Instruction sent to the Governor of this Colony, the Assembly finds that the Merchants of Great Britain are still dissatisfied with the making Treasury Notes (issued pursuant to the several Acts of Assembly for the Defence of the Colony), a proper Tender for Sterling Debts. Before the Year I748, there was no Law subsisting to direct at what rate of Exchange sterling Debts should be paid. The Consequence of this was that the Sherifs when they levied Money by Execution on Sterling Judgments demanded of the Debtors
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what Exchange they thought proper, to the great Oppression of the people, and without any Advantage to the Person who had ob)tained the Judgm'. The Assembly thought it very proper to put a Stop to such unjust Proceedings, and passed an Act in the Year 1748, 22d Geo. 2, Cap. 12, intituled "An Act declaring the Law concerning Executions and for Relief of insolvent Debtors," by which they directed that all Executions for Sterling Money should be levied at twenty five per Cent., the real Difference of Money, and no more than the Difference of Exchange at the time the Act passed. The Merchants of Great Britain complaining of this Act, and representing that they should be considerable Losers when Exchange should rise above twenty five per Cent., the Assembly took the same into their Consideration, and endeavoured to provide a Remedy which might prevenit any further Murmurs. They considered that as Exchange is a fluctuating thing they could not do Justice to sterling Creditors by fixing the Exchange at any certain Standard. They therefore passed an Act to impower the Courts where JuLdgmnents should be obtained for sterling Money, to settle at the Foot of the Judgment, at wvhat Rate of Exchange the same should be discharged; This will enable the English Merchants to bring their Money Home, without any Loss, let the Exchange rise to what it will, unless the Courts should be guilty of flagrant Injustice by settling the Exchange lower than Bills of Exchange can be purchased for, as it is notoiious they lhave always fixed it at the very highest Rate. One Reason for issuing Treasury Notes was, hecause all the Gold and Silver of the Country had been drawn away by the Armies to the Northward, and it would have been the greatest Grievance that ever People underwent, to make themn receive this Sort of Money for Debts due to them, and not allow them to discharge the Debts due from them in the same, when it was impossible to exchange it for any other; And this as appears from what has been said above is as good as any other to the Merchants in Great Britain. They were under a Necessity of making these Notes or Bills of Exchange a proper Tender for Sterling Debts, and there can be no Doubt that the English Merchants would chuse the former.
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You will, we hope, endeavour to prevent any ill Consequences from these Complaints, and that you may be prepared for that Purpose, we must refer you to the Representation of the Burgesses of Virginia to his Majesty, a Copy whereof is inclosed, anid also to a Paper containing fiurther Reasons on this Subject. You are desired to get a Copy of the Account of Mr. Dinwiddie's Disposition of the /20.000 granted by his Majesty for the use of thic Colony, passed with the Treasury, and to send the same to this Committee with Copies of the Vouchers by which the same was passed. We must refer you to the Representation above-mentioned on this Poinit, by which you will easily discover our Reasons for this Request. Be pleased to take Notice, that this Representation is not to be presented to his Majesty, as it has already been delivered to Mr. Secretary Pitt, and is only intended to instruct yotu in the several Matters now reconmnmended to you. *As we have not seen a certain Remonstrance drawn up by soine Clergymen of this Colony, supported as it is said by the ILord Bishop of London, & presented to the Board of Trade, against an Act of Assembly passed here, intituled " An Act to enable the Inhabitants of this Colony to discharge their public Dues, Officers Fees, and other Tobacco Debts in Money for the ensuing Year," and are unacquainted with any Reports or Determininations that have been made on that, or any other Act of' Assem)bly complained of in that Remonstrance, we cannot give you our Opinion and Instructions so fully on this Head, as we should otherwise chuse. But we persuade ourselves that by stating to you the Reasons that governed in the passing of that Act, you will be sufficiently enabled to remoive the Imputations of Arbytraryness and Disloyalty, which from comon Rumour we collect, have been aimed at in that Remonstrance, to the great Abuse of the Legislature, and Injury of the Country, if it has been in any manner countenanced, as it will be establishing a Precedent for Mal-Contents of every Kind (with which no doubt all Communities abound) to endeavour to weaken one of the principal Instruments of the Civil Power, by private Misrepreseitations of things. * See note at end of artic
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By the Constitutioii which we have hitherto enjoyed, every Act that receives the Consent of the Governor, Council and Burgesses of the (Colony obtains the Force of a Law aimiongst us, until his Majesty shall thinik proper by Proclamation to declare his Disapprobation. And if there are any Acts enideavoured at that iinterfere wich any general or particular Instructioi to the Governior, sLICh (if by a Change of Circumiistanices whiclh are ever fluctuatinig) they are thought benieficial to the Comnmunity, are always eniacted without any Force or Effect as a Law, until his Majesty's Pleasure shall be known, bv a suspendiing Clause in the Act. Further, if his Majesty shall at any timiie think proper to give his Assent to any subsisting Act of Assembly, stuch Act theni obtainis such a Degree of Firminess in the Constitution, as it caninot be altered by anly subsequent Act witlhout tthe concurring Conisent of all the several Branches that conIstituted it. And these Rules of Proceeding have been sacredly observed by the Legislature of this Colony, thro' a dutiful Regard as well to the Royal Autlhority, as to the Preservation of the Constitution. Tobacco is the Staple, and indeed only Coimmodity in the Coutitry, fromii whenlce any tollerable Profit canl arise. To this 'tis to be presumed it is owing, that nmost of our Taxes and Salaries, &c., of a public Nature were made leviable in Tobacco 'till the present War, in which as the immediate Wantof Money made the Emiiission of a paper Currency unavoidable, the Taxes were necessarily laid in Money. that so nmuch of such emitted Paper should aninually be sunk, by repayinlg it into the Treasury fromli whence it was made issuable. The several fees therefore due to the Clerks of the Courts of Justice, and other Officers in this Colony have been fronm long Conitinuance paid in Tobacco. It nmust be observed, that when the Salaries of the Clergy wer-e first settled at I6,ooo lbs. of Tobacco that Commodity was rated at ios. sterling '# hundred, which made their Provision Eighty Pounds sterling per Annunm. In the Year 1748, when the Laws of the Country were revised, the Act which established the Salaries of the Clergy was re-enacted with such Amiendments in their favour, that remioved all Doubts as to their temporal Rights for Want of Iniductioni and indeed greatly added to the Value
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of their Salaries. For as Tobacco was at that time under a public Inspection, and the price of it raised at Market as the necessary Consequence of burning that which was bad, the Assembly gave the Clergy in that Act a further Levy on their Parishioners of four Pounds in the hundred, to answer the Deductions then thought necessary to be made, between the paying into the Warehouses, and receiving the same out again, which you will find called in the Act Shrinkage, an Article paid by all other Claimers whatsoever from the public, which Act amonigst many others received the Royal Assent, without any particular Application from this Colony. This Act, tho' made so much in Favour of the Clergy it seenms has been by them construed into a disloyal Attack on his Majesty's Prerogative, and the Bishop of London, we are informed, has in a Letter to the Lords of Trade, been pleased to represent it as taking a large Stride that Way, because as he says, the Right of Presentation is by the Act taken from his Majesty, and declared to be in the Vestries, tho' it is certain the Vestries always before the passing of that Act enjoyed that Right, and the Design of the Act plainly appears to be, only to extend the time of Presentation from Six Months, as it is in England, to twelve, and the lengthening the time must appear to be extreemly reasonable, when it is considered that from the Scarcity of Clergymen in this Colony, the Parishes generally remain vacant 'til a Minister can be procured fronm England. The Crop of Tobacco in 1758 was so universally short that Petitions from all Parts of the Country were presented to the Assembly, to desire Relief against the possible Exactions of Creditors both public and private. As this was an Evil justly to be dreaded, the Legislature with every prudent Precaution, made all Debts, Fees, Salaries, &C., payable in Tobacco, at the Option of the Debtor, after the Rate of two pence per pound for transfer Tobacco, provided the same were paid within a certain limitted Time, governed by the most early Expectations of the new Crop. And as the time setiled by Law for the payment of the Clergymen's Salaries was so near at Hand, presuning it consistent with the Principles of commion Justice, that every Individual of the Comnmuniity considered as a Creditor, whose Debts must really have arisen from
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the Expectations of common Crops, ought to Restriction, they made no Exceptioni as to the Act in 1748. This, we are informed, has been represented by the Clergy to the Lords of Trade, as a Deviation from the before mentioned Rule of the Constitution and derogatory to the Royal Authority, tho' we can conceive, that on a fair and thorough Examination of the matter, the contrary will appear, and in the unhappy Circumstances the Country was in at that time, be looked upon rather as an Aid to, than a Deviation from that Act. And we have the greatest Reason to be confirined in that Opinion, as several Acts have heretofore been passed for the same purpose, which have from time to time been regularly transinitted to the Lords of Trade, and by them referred to their Solicitor, which certainly would [not?] have been done, had they appeared to their Lordships in the Light they are now represented. The first of these Acts was passed in the 27th Year of his Majesty's Reign, Chap. 8. intituled "An Act for paying the Minister in the Parish of Frederick in the County of Frederick, and of Augusta in the County of Augusta, and of Hampshire in the County of Hamlipsh' One hundred Pounds annually, instead of the Salaries now allowed" Another passed in the sanme Year Chap. Xo. intit" "An Act for allowing the Inhabitants of the Counties of Halifax, Hampshire and Bedford to discharge their public Dues and Officer's Fees in Money instead of Tobacco." And another passed in the 28th Year of his Majesty's Reign, Chap. I7 (I755) intituled "An Act for enabling the Inhabitants of the Counties of Princess Anne and Norfolk to pay their public Dues in noney." These Acts. tho' apparently passed in Favour of the Ministers of the several Parishes, and at the Prayer of some of thenm, have been lately represented by some of the Clergy to their Lordships. in the same unfavourable Light as the Act in 1748, and the Repeal of themii been obtained by their Solicitations, tho' the Ministers for whose Beniefit they were nmade, will be great Sufferers by such Repeal. Another Act also passed in the 29th year of his Majesty's Reign (I755 Chap. 7) intituled "An Act to enable the Inhabitants of this Colony to discharge their Tobacco Debts in Money
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for this present Year," by which the same Provision was made for paying the public Tobacco Creditors in Money, as in the aforementioned Act in I758 now complained of. The Clergy it seems alledge that the Act in 1758 was made only to serve the Rich, and have couloured over their uncharitable Clamour by saying that the Poor would have been more effectually relieved without the Law, because, that as Clergymen, had they been permitted to receive from the Rich the real Value of their Tobacco, they would have been able to have taken much less than two pence per pounnd from the poor; But as essential as Truth may be to their Order, they have in such an Assertion suffered themselves to forget it. The General Assembly was composed of many public Officers. some Claimers from the public, and many Landlords, whose Fees, Claims and Rents were payable in Tobacco, and many of them of greater Amount than the Salary of a Clergyman. How then can this their Argument be reconciled to Truth? Could not each of these rich Men, as they call them, have demanded of their Debtors in the same exorbitant Proportion, as the Clergy should of them, and had they even consulted their own Interest in the Affair, would not the Ballance,-had there been no regulating Law at all-have been greatly in their favour ? And as all other public Officers, Claimers from the public & Landlords (tho' not of the General Assembly) to say nothing of private Creditors who must generally have contracted their Accounts or Bargains under the Probability of usual Crops) must have had a right to partake in this grand Scheme of Extortion, can it be doubted that the poor alone was the Object of the Legislature's Concern ? But to go a little further with this Argument of theirs: Suppose the Clergy alone on Account of the Royal Assent's being obtained to the Act in 1748, had been exempted, and there was indisputably such a general Piety of Disposition amongst tbem, how could this Charity have been extended ? That Act, at the same time it gives their Salaries, directs the method of levying, collecting, &c., of the same, and to have altered it in one Instance must certainly have been as criminal as in another. In this Case, they could only have contracted with their Collectors at a price for their whole Salaries, and it
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would but in most Cases have removed the Method of Exaction from the Clergy to the Collectors: For it must be observed, that tho' the whole Crop of Tobacco made in the Year 1758, was more than sufficient to pay the Ministers' Salaries and other Parish Creditors, who have the same Right with the Clergy under the Law in I748, yet there were Multitudes who did not make enough to answer that Purpose, and those who did make it, could not be compelled to sell to those who had none, the Consequence of which (if no Provision had been made) must have been, that the Collectors would have made Distress upon the poor unhappy Sufferers, and as their Goods & Effects could not be sold for anything but Tobacco, and as there were so few that had any of that Commodity to purchase with, the Goods and Effects must have been either sold at a very low Rate, or remain in the Hands of the Collectors for want of Purchasers, whereby the Poor would have been great Sufferers, and the Clergy not in the least benefited by it. The whole of this therefore is but a thin Varnish, and leaves too much Room to suspect, from the very nature of murmuring in such Cases, that they themselves rather wanted an Oportunity of feasting as largely as they could on all, both rich and poor. These are the Arguments that may be justly brought to vindicate the Legislature, and confute the Complainants; and as it is impossible but they must have known that things would appear in this Light, when impartially examined into, we cannot but think that the Act complained of, is but the studied Occasion of Contention to effect some other Purpose, still latent. We know not how far the Affair may have been carried, or whether the Matter can again be laid before the Lords of Trade or any other Board for a Rehearing, but we hope at least, you may have an Oportunity of removing any injurious Censure that may have been passed, and put a Stop to all future Representations till the Country can be heard on the several Matters of Complaint; And we doubt not but they will appear to be fully justified in their Proceedings both to their King and Country. As the Country looks upon it as their Duty (since the Act of Assembly complained of by the Clergy hath had its Effect) to support the Execution of it, by protecting the Parishes in the Suits that may be brought against them on the Act in 1748, We
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further direct you to employ proper Persons to defend the Vestries or Collectors against any Proceedings that may be carded to England, in a Suit that is just brouight by one Mr. Camm, the Minister of York-hampton Parish in the County of York, and the Expences attending the same will be remitted to you on the first Notice. We have nothing further to add, but to desire of you if it should not be agreeable to you to engage in this Business as Agent, that you will be so kind as to officiate in Behalf of this Country, 'till we can have Notice of your Refusal to appoint some other Gentleman, and in particular to watch and oppose every Attempt that shall be endeavoured at to repeal this Act for appointing an Agent, as we have Reason to ex.pect some Efforts will be made that Way. You are desired to give the earliest Intelligence of any thing that may come to your Knowledge, relative to, or in any manner affecting the Interest of this Colony, and of all your Proceedings in the Execution of the Trust reposed in you, to this Committee, in order to which it is recommended to you to send your Dispatches by the Packet to New York, from whence they may be safely conveyed hither by the Post, if no better Oportunity should offer; And you are further desired to inclose your Dispatches to the Hon'ble William Nelson, Esq', at York Town in Virginia, by whom they will be communicated to this Committee. Weare Sir, Your nmost humble Servants, Wm. Nelson, Thos. Nelson, Philip Grymes, Richard Bland, Ben. Waller, Ro. C. Nicholas, (TO BE CONTINUED) NOTE. Mr. Camm's suit was caused by the passage of the famous "Two Penny Act," which for a number of years produced so much agitation in Virginia.
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The General Assembly at the September session, 1755, induced by the failure of the tobacco crop, and the needs of the colony, arising from the French and Indian War, passed an act authorizing all debts due in tobacco to be paid either in that commodity, or in money at the rate of eighteen shillings and eight pence per hundred pounds. Though some complainits were made there was no legal opposition to this law. Again, in September, I758, for the same reasons, the law was re-enacted, with a provision that it was to be in force for one year. The act provided that it should be " lawful for any person or persons, from whom any tobacco is due by judgement, for rent, by bond, or upon any contract, or for public, county or parish levies, or for any secretarys', clerks', sheriffs', surveyors' or other officers' fees, or by any other ways or means whatsoever, to pay and satisfy the same in tobacco * * * or in money, at the rate of sixteen shillings and eight pence for every hundred pounds of nett tobacco." (Heninig 7, 240.) As the rate fixedl was two pence per pound, the law became known as " The Two Penny Act." The law was general in its provisions; but resistance and objection came only from the parish ministers. Since as early as I696 the salaries of the clergy had been sixteen thousand pounds of tobacco a year, and this amount had been confirmed in 1748 by an act, which had received the King's assent. Two pence per pound was the normal price of tobacco, but in 1755 and 1758 the crops were very sinall and the price went tul) to six pence. The clergy then demanded that they should have the advantage of the rise in the market. Under the royal instructions no law which had received the King's approbation could be repealed by a colonial assembly unless the repealing law contained a clause suspending its action until the King's pleasure should be known. As such a suspension would have nullified the purpose of the act of 1758, the Virginia Assembly omitted the suspending clause. It was claimed by the clergy that the latter act repealed that of I748, and that the violation of the royal instructions in omitting the suspendinig clause rendered the act of I758 null and void. A heated controversy soon began, the leader on the part of the clergy being Rev. John Camm, minister of York-Hampton
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parish, who was answered by Richard Bland and Landon Carter in behalf of the Assembly. Rev. Andrew Burnaby, an English clergyman, who was in Virginia at the time, while disapproving the conduct of the Assembly, condemned the violence of most of the clergy, and their disrespectful treatment of the Governor, and of their Commissary, Rev. William Robinson, who had urged them to moderate measures. A convention of the clergy was held and Mr. Camm was sent to England as their representative. On August IO, 1759, he obtained an order of the Privy Council declaring the act of 1758 illegal and was told that this order would make the act v'id ab initio. He thereupon returned to Virginia and brought suit in York County Court to recover the full market value of his salary. Losing his case in the County Court he appealed to the General Court, where he met the same fate, the latter court holding that the act of 1758 was in force until the date of the King's veto. The persistent clergyman then appealed to the Privy Council in England, but when his case was heard in 1767, it was dismissed on some technicality. It was a common belief at the time that this was a mere pretext, and that the English government was unwilling, so soon after the repeal of the Stamp Act, to give any Colony further cause for irritation. While Mr. Camm's case was pending various other minister's sued their vestries with small results. The most celebrated of these was the " Parsons' Cause " in Hanover county in December, 1762, when Patrick Henry, as counsel for the defendants, first sprung into public note by the eloquence and boldness with which he stated the rights of the people. The long agitation over the " Two-Penny Act," thus ended practically in the entire defeat of the claims of the clergy. It was of more momentous importance than this, for Mr. Henry (Life of Patrick Henry, I, 46) has well summed up the results when he states that not only did the clergy find that " they had greatly weakened their hold upon the public, and had given a fresh impulse to the spirit of dissent already grown strong in the colony; " but also that " the struggle greatly strained the bond between the King and the colonists, and was the prelude to the combat that snapped that bond asunder." For details of these acts and the connected events, see Henry's
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Life of Patrick Henry, I, 28-48; Campbell's History of Virginia, 507-5I8; Cobb's Rise of Religious Liberty in America, io8-iit; Meade's Old Churches andFamilies of Virginia, I, 2i6-225, and (especially for documents showing the clergy's side of the case) Perry's Papers Relating to the History of the Church in Virginia, 434-448, 458-501, 506-5i9. Rev. John Camm was son of Thomas Cariom, of Hornsea, Yorkshire, England. Born in 17I8, he took his B. A. degree at Trinity College, Cambridge, in 1741-42, and came to Virginia in or before I745, when he was minister of Newport Parish, Isle of Wight county. In 1749 he was appoined professor of divinity in William and Mary College, and was its President from I771 to 1777, when he was removed by the Board of Visitors on account of his sympathy with England. He died in 1779, and has many descendants. For account of John Camm and his family see William and Mary Quarterly, IV, 6I-62, 275-278.
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==Article text, July 1903==
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PROCEEDINGS OF THE VIRGINIA COMMITTEE OF CORRESPONDENCE, I759-'67. From the Originals in the Virginia State Archives. (CONTINUED) [DEFENCE OF THE VIRGINIA PAPER CURRENCY.] [Endorsement.] Instructions to the Agent in Defence of the paper Currency * of Virginia, referred to by the Letter from the Com'ee of Cor- respondence of the I2th Decr, 1759. *There is a discussion of the paper money of the Colony of Virginia in Ripley's Finantcial History of Virginzia, pages 153-i62. The author, in conclusion, says that the record of Virginia's first experience with paper money " was on the whole a creditable one." * * * " But we must remember the distress of the times, and the heroic exertions of the colony during the [French and Indian] war. In view of these facts, the moderation and foresight of her statesmen is in marked contrast with the reckliess financiering of some of the other colonies both north and south. " Richard Bland, in a letter written in I771 (and printed in this Magazine,. VI, 127-134), says that the English merchants, at first bitterly op- posed the issue, but that at the time he was writing they were the warm- est solicitors of the Assembly for that very species of money. He also states that of ?75o,ooo treasury notes which were issued during the war,, it was probable that only the amount of ,?6o,ooo was outstanding.
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We are informed that the Merchants of Great Britain are much alarmed at our Assembly's passing some Acts for emitting large Quantities of Paper Money, which is made a legal Tender for alL Debts (the King's Quit-rents excepted) and they are very appre- hensive that they may be great Sufferers thereby, in collecting their Debts due here. These Apprehensions of the Merchants proceed from a mis- taken Notion of our having a Law in force for paying off sterl- ing Debts in Current Money at 25 # Cent Exchanige. No Loss can arise to the Merch"' from making this paper Money a legal Tender for Sterling Debts as the Law now stands, and they are in a much better Condition & less liable to Losses in collecting their Debts, than if nothing but sterling or lawful Money of Great Britain were held a Tender for such Debts, as by the Act of the 6th of Queen Anne, which they so much rely on to be a good precedent in such Case. If this can be shewn, it is to be hoped the Gent in the Trade will be satisfied that there is no Necessity to sollicit their Menmo- rial so far as to procure an Instruction about this Matter. True it is, that before this War, and when Exche was rarely above 25 e Cent, we had a Law to settle the payment of Judg- ments for Sterling Debts at that Rate, and it was passed to pre- vent Disputes about the Exchange, and as a Direction to the Sherifs in levying Executions on these Judgments. There was likewise a further View; to prevent Creditors from taking an un- reasonable Advantage of the Necessity of the Debtor for his forbearing to execute the Judgenient perhaps io or I5 et Cent above the then Current Exchange which, as it was a kind of Traffick about Bills of Exche did not come under the penalties of our Laws against Usury or at least was hard to be come at, & pun- ished by them. But when at the breaking out of the present War, Exche began to rise, or rather it was forseen that it would do so, and it was found that Injustice would be done to many, especially the Merchants in Great Britain, if that Law remained in force, it was repealed by an Act of the 28th Geo. 2d, intituleci "An Act*to amend an Act intituled An Act declaring the Law concerning Executions, & for the Relief of insolvent Debtors *Hening, VI, 478.
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and for other purposes therein Mentioned." The preamble of which shews its Intention to take care of the Merchants Interest, and the principal enacting Clause is " That in any Action which hath been or shall be commenced, and is or shall be depending for the Recovery of any sterling money, in any Court of Record within this Dominion, wherein the plaintif or plts. shall recover, sdch Court shall have power, and are hereby directed by Rule to be entered at the foot of their Judgment in such Action, to order such Judgment to be discharged or levied in Current Money, at such a Difference of Exchange as they shall think just, any Law usuage or Custom to the contrary thereof in any wise not- withstanding." And what rate of Exche can a Court under the Direction of this Act think just, but that which is current at the time of entering the Judgment, or such a one, that the Merchant may have his whole Debt remitted to him, without those Losses they so much apprehend? If our notable Agent * at the other End of the town had known and stated these things to the Merchants, they would hardly have thought it necessary to present any Memorial about it. And this it was his Duty to have known and done, as he nas an Allowance of ?200 # Annum to negotiate the Affairs of the Country; And these Acts above mentioned are regularly trans- mitted, as he knows, to the Board of Trade, and were remaining in that Office at the very time the Memorial was presented. But it may be thought that the greatest Difficulty is yet to come, Vizt. to obviate the heavy Complaint-and that which seems to carry weight at first View, that the Assembly have passed a a Law, ex post Facto, to declare paper Bills of Credit a good Tender even for sterling Debts contracted before the passing such Law, whereas the Merchants think that nothing less than sterl- ing or lawful money of Great Britain, should be allowed to be a good Tender, agreeable to the Act t of the 6th of Queen Ann especially for such precontracted Debts. This is to be done, and ? James Abercromby, agent for Virginia from January, 1753, to January, 1758, and for the Governor and Council only until 1773. See note Din- widdie Papers, I, 37-38. tThis probably refers to the act of gth Anne, October, 1710, Iening, III, 502.
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at the same time, it is to be shewn, that the Merchants are in a better Condition, and less liable to Losses in receiving their sterl- ing Debts under our Laws, than they would be, if nothinig but sterling or lawful Money of Great Britain were held a Tenider. For this purpose let us suppose that a Merch't in London ob- tains a Judgment here for fioo sterling, the Debtor is obliged by the 6th of Queen Ann, and therefore procures /ioo sterling or lawful Money of Great Britaini, & pays this Debt; Now this Sum being only of equal Value to /125 Curr't Money; and Exch'e beinig now at 35 e C't (and in War ti'me it is rarely lower), the Agent here must in that Case give /ro Curr't Money nmore to purchase a Bill of Exchange to remit this Debt to his principal, which /io is so much real Loss to the Mer- chant; whereas by the Provision of our Law, no such Loss is incurred, but the Creditor hath his whole /I35 decreed to him, with which a Bill is bought and the full Debt remitted. Thus it is hoped the proposition is proved, and that our Leg- islature have conceived just Apprehensions of the Interest of the Merchants, and all other Creditors for Sterling Debts, and have made a proper provision for their Security. But to set this Matter still in a stronger Light: The Merchants in their Memorial quote the provisions in the Act of the 6th of Queen Anne, that even foreign Gold and Silver Coin, nmade current by that Act, was not to be held a legal Tender for ster- ling Debts, nmuch less ought paper Bills of Credit, which are, they say, of a local, uncertain and fluctuating Value. But give us leave to tell them, that if they had no better Dependance than that Act affords for collecting their sterling Debts, they might be great Sufferers indeed; For tho' that Act, when it was made, and for maniy years after was a good provision for them in that Respect (nothing but sterling or lawful British Money being a legal Tender for sterling Debts) inasmuch as the Ex- change then current here was under the Rate settled by that Act, vizt 25 # Cent, or one shilling passed for I s. 3d, but since Exchange hath been higher than that, which is always the case in time of War, a Tenider exactly agreeable to that Act, would occasion a Loss to the Merchants of so much as 25 If cent falls short of the highest Exchange, viz' IO, I5 or perhaps 20 7 cent.
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Let it be observed, that however contemptibly the Merchants look upon this paper Money, as of a local, uncertain and fluc- tuating Value, yet it is enmitted on such Funds that every one is glad to receive it in any kind of payment, and Exchange is now 1o F Cent lower than it was last War, when we had nothing current but gold and silver Coin, a Circumstance very favourable to the Credit of our paper. And altho' the King's Quit rents as the Merchants rightly observe, are not payable in paper, by that Act, that was done, because his Majesty had by Instruction to the Governor and Officers of his Revenue, directed them to be received only in Sterling, or Gold and Silver Coin at a cer- taini Rate, which Instruction, the Governor durst not contravene by including them in the Act, yet the Receiver General never -refuses paper Money for the Quit rents, because he can readily procure Bills of Exchange for it. [SECRETARY PITT'S LETTER TO THE GOVERNOR OF VIRGINIA.] [Endorsement. ] Copy. Mr. Secretary Pitt's * Letter to the Lieutt Gov" of Virginia of 9 Dec", 1758, referred to by the Come of Correspond- ence in their Letter to the Agent of the 12 Decr, '759. White Hall, gth Decr, 1758. (Triplicate.) Sir,-His Majesty having nothing so much at Heart as to imn- -prove the great and important Advantages gain'd the last Cam- pain,t as well as to repair the Disappointment at Ticonderoga, and by the most vigorous and extensive Efforts to avert, by the Blessing of God on his Arms all Dangers which nlay threaten North America from any future Irruptions of the French; And the King not doubting that all his faithful and brave Subjects there, will chearfully co-operate with and second to the utmost, * William Pitt, appointed Secretary of State of England in '757. t During the summer of 1758 Louisburg and Fort Frontenac were cap- tured from the French and Fort Du Quesne was occupied on November 25, but the news of this last capture had hardly been received in Eng- land when Pitt's letter was written. In July the English forces under Abercromby were defeated before Ticonder
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the large Expence & extraordinary Succours supplied by this Kingdom for their preservation & Defence; And his Majesty considering that the several provinces from Pensylvania inclusive, to the Southward, are well able, with proper Encouragements to furnish a Body of several Thousand Men * to join the King's Forces in those parts for some offensive Operations against the Enemy; And his Ma'ty not judging it expedient to limit the Zeal and Ardour of any of his provinces, by making a Reparti- tion of the Forces to be raised by each respectively for this most important Service. I am commanded to signify to you the King's pleasure that you do forthwith use your utmost Endeavours & Influence with the Council and Assembly of your province, to induice them to raise with all possible Dispatch within your Gov- ernment, at least as large a Body of Men as they did for the last Campaign, and even as nlany more as the Number and Situation of the Inhabitants may allow, and forming the same into Regi- ments as far as shall be found convenient. That you do direct them to hold themselves in Readiness, as early as may be, to march to the Rendezvous at such place or places as may be named for that purpose by the Commander in Chief of his Majesty's Forces in America, or by the Officer who shall be appointed to command the King's Forces in those parts in order to proceed * During the French and Indian war Virginiia kept constantly in service one, and sometimes two regiments of colonial regulars, in addition to companies of rangers, and to large bodies of militia which were fre- quently called out. Lists of some of the militia may be found in Hening, VII, 21-25, 179- 231, VIII, 126--133. In the same work, VII, 493, is a list of the officers. of Byrd's regiment as they stood at the time it was disbanded in 1763. In the Virginia Magazine of History and Biography, I, 378-390; II, 37- 49, 143-153, are rosters of various Virginia companies from the " Wash- ington Papers " in the State Department, Washingtpn. There is in the Virginia State Land Office a large number of certificates filed with appli- cations for land bounty under the royal proclamation of 1763. These cer- tificates have recently been copied for this Society and have been bound in two large indexed volumes, comprising 587 pages. Among the names. are those of about 128 officers and 6r5 privates and non-commissioned officers. It is evident that a large number of certificates are missing or that many.privates did not apply for land. There are also in the Land Office three books containing lists of grantees of land under the Proclamation of 1763.
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from thence, in Conjunction with a Body of his Ma'ty's British Forces, and under the supreme Command of the Officer to be appointed as above, so as to be in a Situation to begin by the first of May, if possible, or as soon after as shall be any way practicable, such offensive Operatious as shall be judged by the Commander of his Majesty's Forces in those parts most expe- dient for annoying the Enemy, and most efficatious towards re- moving and repelling the Dangers that threaten the Frontiers of any of the Southern Colonies on the Continent of America. And the better to facilitate this important Service, the King is pleased to leave it to you to issue Commissions to such Gent of your Province, as you shall judge from their Weight and Credit with the people & their Zeal for the public Service may be best disposed & enabled to quicken and effectuate the speedy levying of the greatest number of Men, in the Disposition of which Com- missions I am persuaded you will have nothing in View but the Good of the King's Service, and a due Subordination of the whole, when joined to his Majesty's Commander. And all Offi- cers of the provincial Forces, as high as Colonels inclusive, are to have Rank according to their several respective Commissions agreeable to the Regulations contained in his Majesty's Warrant of the 30th of December last Year. The King is further pleased to furnish all the Men so raised as above with Arms, Ammunition and Tents, as well as to order provisions to be issued to the same, in the same proportion and manner as is done to the rest of the King's Forces; And a suffi- cient Train of Artillery will also be provided at his Majesty's Ex- pence, for the Operations of the Campaign. The whole there- fore that thre King expects and requires from the several provinces is, the levying cloathing and pay of the Men; And on these Heads also that no Encouragement may be wanting to the fullest Exertion of your Force; his Majesty is further most graciously pleased to permit me to acquaint you that strong Recommenda- tions will be made to parliament in their Session next Year to grant a proper Compensation for such Expences as above, ac- cordingly as the active Vigour & strenuous Efforts of the respec- tive provinces shall justly appear to merit. It is his Majesty's pleasure that you do, with patticular Dili- gence, imnmediately collect and put into the best condition all
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the Arms issued last campaign, which can be any ways rendered serviceable, or that can be found within your Government, in ordet that the same may be employed as far as they will go in this Exigency. I am at the same time to acquaint you, that a reasonable Sup- ply of Arms will be sent fronm England, to replace such as may have been lost, or have become unfit for future service. I am further to inform you, that similar Orders are sent by thiis Conveyance, to Pensylvania, Maryland, North Carolinaand South Carolina. The Northern Governments are also directed to raise Men in the same Manner. to be employed in such offen- sive Operations as the Circumstances and Situation of the En- emy's Possessions in those parts may point out, which it is hoped will oblidge them so to divide their Attention and Forces, as will render the several Attempts more easy & suc- cessful. It is unnecessary to add anything to animate your Zeal in the execution of his Majesty's Orders on this great Occasion, where the future Safety and Wellfare of America, and of your own province in particular, are at stake, and the King doubts not fromn your knowni Fidelity and Attachment, that you will employ yourself with the utmost Application and Dispatch in this urgent and decisive Crisis. I am, Sir, Your most obedt h'ble Serv', W: PITT. Lieut. GoVr of Virginia. [SECRETARY PITT'S LETTER TO THE GOVERNOR OF VIRGINIA.] [Endorsement.] Copy. Mr. Secretary Pitt's Letterof 29th Decr, I758, to the GovT of Virginia-referred to by the Comee of Correspond?e in their Letter to the Agent of Decr I2, 1759. (Duplicate.) Whitehall, 29th Decr. I758. Sir,-In transmitting to you the inclosed Triplicate of my Letter of the gth Instant, I have the King's particular Com- niands to renew and enforce in the strongest Manner the Neces-
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sity of a punctual Compliance with the Orders therein contained, and you will accordingly urge in the most expressive Terms to the Council and Assembly of your Colony, the Importance of their exerting themselves in the present critical and decisive Moment, in whlich their own Interests and Security are so nearly concerned, that it would seem superfluous to add the further Motives of their Duty to the King and of the Gratitude they owe to this Country, for the very Expence and Succours sup- plied for their immediate Defence, & for the future Safety of all their Rights and Possessions in America; and the levying the Meni to be furnished by the several provinices without any delay, and in such time that they may not fail to be at the Rendezvous that shall be appointed for them, so as to be ready to commence the Operations by the ist of May. is so essential, as well for pre- venting the extraordinary Efforts which it is supposed the Enemy is preparing to make to stop the future Progress of his Majesty's Arms in America, as for pushing with Success the ensuing Cam- paign, that it is the King's pleasure that you do employ the utmiost Diligence and every means in your power to forward and expedite this Service in the most effectual manner, and to avoid any Disappointment happening from the slowness of the Levies, or from the men, who shall be raised, not proceeding in due time to the Rendezvous. With Regard to the expences incurred by your Colony, for the last Campaign, I am further to acquaint you, that as soon as the Agents of the respective provinces, duly authorized, shall produce the necessary Documents, the same will, without Delay, be recommended to parliament for a reasonable compensation, agreeble to the gracious Assurances which the King was pleased to allow me to give in my Letter of the 30th of December last Year. I am, Sir, Your most obedient humble Servant, W. PITT. Lieutt GoVr of Virginia.
This content
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[Endorsement.] October 7, I 760. Proceedings Council. AT A COMITTEE OF CORRESPONDENCE HELD AT THE CAPITOL, OCTOBER 7, 1760. Present: The hon'ble W. Nelson, T. Nelson & Ph. Gryrnes, Esq"r, J. Robinson, P. Randolph, Chas. Carter, Mr. Waller, Mr. Wythe, Mr. Bland, & R. C. Nicholas, Esqrs. Mr. Nelson communicated to the Committee two Letters lately come to his Hands from Mr. Montague the Agent, which were read, as wasalsoa Copy of Sir Matthew Lamnb's Opinion on the Act for appointing an Agent, which is niention'd in Mr. Monta- gue's Letters. On Consideration whereof it is the opinion of the Comittee that Mr. Nelson be desired to lay the said Letters before the Council in order to obtain the Opinion & further Directions of the General Assembly (now sitting) thereon. The Comittee taking into Consideration that the Letters from the Agent by means of their being directed ptublicly to this Com. mav possibly excite the Curiosity of People into whose Hands they may casually fall in their Passage hither, and so be opened and suppressed or detained, are of opinion and do ac- cordingly direct that in the next Letter to be sent from this Com. to the Agent he be desired to address his future Letters to Mr. Nelson alone, without the Addition of his being one of the Members of this Com. On the - day of October the Proceedings of this Commnit- tee were laid before the House of Burgesses, pursuant to their Orders, and on the 20th October the House of Burgesses came to the following Resolution, vid-[not given]. AT A COM'E HELD AT THE CAPITOL, NOV'R 3, I760. Present: The hon'ble W. Nelson, T. Nelson, Pet Randolph, Esq"r, Jno. Robinson, P. Randolph, B. Waller, Richard Bland,. Esq The sev' Lr from the Agent to this Comee were again read. Resolved that P. Randolph, Esqr, Mr. Atto & Mr. Bland be appointed a Com. to prepare a Lr to Mr. Montague, in wlich they are to inform him of the Rect of his Letters, & that ye Com
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are well satisfied with his Conduct hitherto; that he must hence- forward look upon himself as Agent for this Colony to all In- tents and purposes, & not suffer any other person to interfere with him in ye Execution of his Office; that they notify to him that the Gen' Assembly have passed an Act to explain & amend the Act for appointg him to his office agreeable to Sr Mattw Lamb's opinion laid before ye Lds of Trade, &c. Also, that they inform him of two other Acts passed the last Session-viz: Supply Bill & ye Act for appointing Receivers of the Money granted by Parliamt, &c., &c. That they give him an Account of thie sev' sums of money granted by this Colony during the Course of the War from the Beginning to this time. That they also inform him of the Address & Representation to his Mat' agreed upon by the Council & H. of Burgesses, and desire him to present ye same in the most proper manner-& that in pur- suance of those Acts Bills of Exchane are drawn upon Mr. Aber- crombie by the persons thereby directed, & that if any Difficulty shd attend the procuring paymt of those Bills he use his utmost Endeavours to remove them, and also furnish him with Reasons & Arguments for supporting them effectually & that they advise him to have Recourse to the sev' Acts of Assembly therein par- ticularly mentioned. That he be likewise told the Govr has ac- quainted this Com. that he has wrote to him to desire his Assis0e to wipe off any Odium he may be under or any Asper- sion thrown on him for giving his Assent to the sevl Acts of Ass: of this Colony lately repealed by his Majesty, & that this Com. desire he will to his utmost assist his Honr therein. Ordd, That the Clerk prepare another Copy of the former letter & Instructions & other Papers sent Home therewith; Also 3 Copies of the three Acts above mentioned properly authenti- cated under the Seal of the Colony, and as many Copies of the Address & Representation to his Majesty. AT A COM'E HELD THE 6 NOV'R, 1760. Pres: The hon'ble W. Nelson, T. Nelson, P. Grymes & Pet. Randolph, Esqru, J. Robinson, B. Waller, G. Wythe & R. C. Nicholas. The Com. appointed presented a Letter they had prepared
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for the Agent agreeable to the sev' Resolutions of the last Comee which, with some Anmendments now made, was agreed to. Ordd, That the same be fairly transcribed immediately, and that two other farir Copies be also prepared with all Dispatch, to be sent home by 3 sev' diff' Ships. Ordd, That the C'lk prepare a fourth Copy of the first Lr and Instructions & the sev' Papers therein ment4 & refP to, to be senit home by the first Ships, the Comi. being inform'd that ye two first already sent are taken. The L this day agreed to is as follows: [LETTER TO THE AGENT.] [Endorsement.] Second Letter to the Agent, Nov. sth, 1760. Wm5burg, Nov. 5th, I760. Sir,-Yours of the first and twentieth of May & nineteenth of July have been receiv'd by the ComLL & laid before the Gen- eral Assembly. Your Readiness in accepting the Agency, we are to acquaint you, gave them no small Pleasure, as they have ye imost sanguine Expectations that great Advantages will be derived to this Colony, from your Weight & Influence. Your asserting your Right as Agent, particularly in the Affair relating to the Money voted by Parliament, was highly approved of. And we were no less pleased with your immediate Resolution to give up your Claim to any Advantage arising from the Rec't of that Money, as soon as you thought any Delay in the remitting it might possibly be a Prejudice to this Colony. Prom this step, we are persuaded, that you will on every occasion prefer the Good of the People you represent to any private views. We think you judged very right in refusing to sign the Papers offer'd to you by Mr. Abercrombie, as you are by no Means to look on him as Agent for Virginia, but to consider yourself as such to all Intents & Purposes, & not to sufler any other Person to interfere with you in the Execution of your office. However, it is not our Intention to restrain you from joining Mr. Aber- crombie, or aniy other Gent. in any Sollicitation that may prob- ably be for the Benefit of this Colony. The Governor* having inform'd the Comee that he has wrote * Francis Fauquier, Governor of Virginia, June, 1758-March, 1768.
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to you, desiring you to join Mr. Abercrombie in removing any ill Impressions the Ministry may have of him, on his giving his Assent to several Laws, which have been judged to be contrary to his Majesty's Instructions, & consequently repeal'd by his Royal Proclamation, we earnestly recommend it to you to con- tribute every thing in your Power to wipe off any Odium he may be under, or any Aspersion thrown on him for passing those Acts. We are the more pressing on this Occasion from the great Esteem we have for that Gent, who in every Instance, of his Administration, has demonstrated his Dutv to his Majesty, and his Affection to the People under his Government. Altho' we must confess that the Governor, in passing those Acts, did not strictly adhere to his Instructions, yet he had no Reasoni to be apprehensive of incurring his Majesty's Displeasure, as former Governors had pass'd several Acts of the same Nature, which hadl never been complain'd of. The General Assembly at the last Session pass'ci an Act* for explaining and anmending an Act for appointing an Agent, which, we flatter ourselves, will remove Sr. Matthew Lamb's Objection. For, we must acquaint you, that it was never the Design of that Act to deprive any Branch of the Legislature of a concurrent Power in the Appointment, or Deprivation of an Agent, nor cou'd we conceive that it wou'd ever be taken in that sense. The Assembly at the same Session pass'd two other Acts,t the one for recruiting & further continuing the old Regiment in the Service of this Colony, and for other Purposes therein men - tioned, the other for appointing Persons to receive the Money granted or to be granted by the Parliament of Great Britaini to his Majesty for the use of this Colony. By a Clause in the former of these Acts the Governor, President & Speaker are authoriz'd to draw Bills of Exchange on James Abercrombie, Esq., to the Amotunt of twenty thousand Pounds Virginia Cur- rency. And by the other Act, the said Governor, President & Speaker are authoriz'd & empower'd to draw Bills of Exchange * Hening, V1I, 375. t Hlening, Vii, 369 and 372. The latter act recites that /52,814.19 had been allotted to Virginia out of the amounit voted by Parliament in 1757 and 1758 for the relief of the American colonies.
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on the sd. James Abercrombie for the Ballance remaining in his Hanids of the several Sums of 632,260. i9 and /20,546 alloted by his Majesty for this Colony. And by the sd. Act you are authoriz'd, directed & empower'd to receive all such other Sum or Sums of Money as already have been or hereafter may be granted by the Parliament of Great Britain to his Majesty for the Use of this Colony, and as you advise us that Mr. Abercrombie has put in his Claim for our Proportion of the last Sum granted to the Americani Colonies, we desire that you will demand any Money he inay have received on that Acct of him; you'll please to inform yourself what Comissions are allowed to the Agents of the other Colonies & advise us thereof that we may be satis- fied Mr. Abercrombie has not imposed on us in his Charge. Copies of the said Acts will be transmitted to you, and in Pur- suance of the two last mention'd Acts, the Governor, President & Speaker have drawn several Bills. We can scarce think that Mr. Abercrombie will not pay due Honor to them as the Method pursued was pointed out by him. But if he shou'd not, you will be particularly attentive to remove his Objections. The Gen' Assembly being under the greatest Concern to find that their Conduct had been misrepresented, & that they had been accus'd of attempting, in many Instances to infringe the establish'd Rules of Government, & to violate the Royal Pre- rogative* have drawn up an Address and Representation to his Majesty, setting forth the Proceedings of the Legislature, by which they hope their Conduct will appear in a more favourable Light. Copies of the Address & Representation by the Direc- tions of the Gen' Assembly are herewith inclos'd, and you are desir'd to present them in the most proper Manner. We refer you to the Reasons in the Representation for the passing the several Acts therein mention'd, which we conceive will be suffi- cient to acquit the Legislature of any sinister or disloyal Inten- tions. But as the Matters contain'd in the latter Part of the Representation are of the greatest Importance to this Colony, & the very being of the Constitution depending thereon, it may be necessary to add some further Observations and Reasons to * This refers to the " Two-Penny Act," regarding the payment of to- bacco debts in money. See April number of this Magazine.
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those contained therein. The Instructions to the Governor of this Colony were given by King Charles the second soon after the Restoration, & have had little Alteration since. By the i6th Article of those Instructions the Governor is directed to pass no Act of a less Continuance than two Years, & no Act repeal- ing or amending any other Act, whether the same has or has not receiv'd his Majesty's Assent, unless a Clause be inserted suspending the Execution thereof until his Royal Pleasure shall be known. So far as relates to the passing Acts for repealing or amending any Act assented to by his Majesty, the Assembly have always paid a due Obedience to his Instructions, but the Instruction relating to the repealing or amending Laws, which never have had his Majesty's Assent, or have been made for a shorter Term than two Years, has never been attended to. And as a proof that this Instruction has not always been enforced even by the Ministry, the General Assembly revis'd our Laws in 1748, when many of them were both alter'd & repeal'd. The Ministry at that Time were so far from disapproving their Con- duct, that they recommended it to the other Colonies to imi- tate their Example. By a Recourse to the Laws, you'll find that the Assemblies have exercis'd this Power ever since the Date of the Instructions so much relied on. And we are per- suaded that this Instruction wou'd not at this Time have been enforced, had it not been for the Clamour of a few dissatisfied Clergy, who preferring their own Interest to every other Con- sideration, have not hesitated by their cunning & artful Insinu- ations, & by their false & scandalous Representations to blacken the Character of the Legislature of this Colony. Upon this factious Complaint of the Clergy his Majesty has been pleas'd to send an Additional Instruction to enforce that old Instruction, which has been so long consider'd as obsolete, By which the Governor, who is on every Occasion desirous of promoting the Interest & Happiness of this Colony, thinks himself restrain'd from passing any Act contrary to the Letter thereof. And it is apparent that if he shou'd adhere thereto, the Privilege of mak- ing Laws, which all his Majesty's Colonies have, & ought to enjoy, will be abridg'd, & in a great Measure abolish'd. For all Countries are liable to such Changes & Accidents, as require the immediate Interposition of the Legislature, And no less t
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an infallible Power can form Laws so perfect that they may not afterwards stand in Need of Alterations or Amendments. You can easily suggest the many Inconveniencies we must necessa- rily labour under, by being oblig'd to suspend the Execution of any Act, let ye emergenicy be ever so great, till his Majesty's Pleasure can be known. It is well known, that we have been in a state of War ever since the Year I753; that we have been under a Necessity to make annual Provision for our Troops, and to guard against the various & unforseen Events which ml]ust happen at such a Time; That an Aninual Provision must be made to prevent Mutiny & Desertion, neither of which can be done if we are restrain'd by Instructions from passing such oc- casional Laws. And it is remiarkable that one of Sr. M. L's Objections to the Act for appointing an Agent is to its Continu- ance for 7 Y'rs, & he recommends the passing an Act for this ppurpose from yr to Year, at the very time that his Mat'y is en- forcing the Instruction above mentioned. In the Year 1705 An Act* pass'd for paying the Burgesses one hundred & thirty Pounds of Tob? & Cash e Day for their Wages. At that Time this was equal to ten shillings # Day, but Tobo having since greatly advanc'd in Price the Burgesses have scarce ever fail'd to pass an Act for paying their Wages in Money at ten shillings ' Day in Lieu of Tob?. This was (lone for the Ease of the People & may convince anv impartial Person that the Burgesses have not always acted upon self'interested Principles. This late Instruction restrains the Assembly from giving up even their own Rights. Having furnish'd you with every Argument that occurs to tus otn this Occasion, except such as are already made use of in the Representation, we have only to desire you to use your utmliost Endeavours either to have this Instruction counternmandedi or alter'd in such a Manner that it mav not so sensibly affect the Interest & Liberty of the People of this Colony. You are also to take every Method of justifying the Conduct -of the Gen' Assembly in passitng those Laws so imiuch complain'd of by the Clergy, & repealed by his Majesty's Proclamation. From the- Reasonableness of our Request we cannot doubt of your success. *Henitng, IIJ, 244.
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Any Expence attending these Sollicitations will be repaid you. We are, &c. P. S. You'll please to address your future L'rs for the Com'ee to ye hon'ble Wm Nelson, Esqr, alone, & without the Addition of his being a member of this Come. This is thought a neces- sary Caution to secure 'em from ye Inspection of such as might be curious enough to open them. [Endorsement.] PROCEEDINGS OF THE COM'E, MAY 4, 176I. At a Committee held at the Capitol, MaY 4, 176I. Present: The hon'ble William Nelson, Thomas Nelson, Philip Grymes & Peter Randolph, Esqrs; Peyton Randolph, Benjamin Waller, George Wythe & Robt. Carter Nicholas, Esqrs. Mr. Nelson informed the Board that he had convened them to consider of several Matters lately occurred, which he thought required the Care & Attention of the Agent in Gt Britain, vizt.: The Case of Thornton & als vs. Buchanan, & Hamilton, late of London, Bankrupts, & their Assignees & Factors here, in which a Decree passed this prest G' Ct in favr of the Plts. from which the Deft's had pray'd an App' to the King in his privy Council. That this Decree being founded on an Act* of Ass. of this Colony, made in 1744-to wit: "An Act for the Relief of certain Creditors," which is a very beneficial Law to the Subject here, it might be necessary for the Agent to assist in the Debate in England in order to support that Law. Anor thing he proposed to ye Considn of the Board, was an Expression in Mr. Secretary Pitt's last letter to his Honr the- Govr, which he had laid before the Ass., in which the Colony is accused of being remiss in their Duty to his Majesty in not rais- ing a suffi' Number of Men for the Campain in 1760, which point he thought it necessary shd be clear'd up in England. The last point Mr. Nelsoni desired Opinion of the Com'ee in, was the public Complaint of the People for the wt of a Man of War to protect our Coast. * Heoing, V, 244.
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On mature Consid0 of these sev' Matters the Committee were of Opinion that the Agent ought to receive Instructions therein & be desired to. Mr. Nelson then presented to the Board a letter which he had previously prepared for the Purposes above mentioned, & the same being read, was with some Amendments approved of, & thereupon it was Ord', that sd Lr be fairly transcribed & that the Cl'k procure authenticated Copies of the sev' Papers referred to by the sd Letter to be transmitted therewith. The Letter is as follows: [LETTER TO THE AGENT.] (Endorsement.) 3d Letter to the Agent, May 4, 176I. Virginia, April 30, I761. Edward Montague, Esqr. Sir,-By the Receipt of our last Dispatches to you by Capt Perry, Via Bristol, you will have seen how very unfortunate we have been, in having the first and second Copies taken by the Enemy. When you received the third, you would have full Instructions in every Matter that it was then necessary to trouble you with, relative to this Colony, Since which some things have occurred which we think require your Care and Attention. There hath passed in this present General Court a Decree in Chancery in Favour of John Thornton and others (the Title is inclosed) against the Assignees of the Estate and Effects of George Buchanan & William Hamilton late of the City of Lon- don Bankrupts, for a very conisiderable Sum, near ?5,ooo sterl- ing, from which Decree the Defend" have prayed an Appeal to his Majesty in his Privy Council; And as this Decree is founded on an Act of our General Assembly, that is extreemly beneficial to the Colony, it is of the utmost Consequence that you use all possible Means to procure an Affirmance of the Decree, & sup- port the Validity of the Act. It is intituled "An Act for the Re- lief of certain Creditors passed Anno i8th of George the second: And that you may be fully acquainted with the Nature of the
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Dispute, it may not be improper to give you a short History of the Act and the Reasons of passing it. About the year I732. the Merchants of Great Britain obtained an Act of Parliament, intit' An Act for the more easy Recovery of Debts in his Majestys Plantations and Colonies in America, which was favourable to them, tho' not to us, as it subjected all our Lands in the Plantations to be taken in Execution and sold as Chattels to satisfy Debts due to Merchants in Great Britain even on simple Contracts, tho' they are not liable for any debt contracted here except by exact accord to the course of ye Common Law. This was thought somewhat hard as the Advantages were not reciprocal, and we had no certain way of recovering our Debts from them, nor could we subject Lands in the plantations belong- ing to merchants residing in Great Britain to the payment of such Debts. To remedy this and to establish one certain regular and uniform method of proceeding in the Recovery of Debts due to the Inhabitants of this Colony from Persons residing out of it, this Act was passed; soon after which, upon a proper Represen- tation of it's Reasonablness and Utility, it obtained the King's Assent, so that now it stands on as good Authority as any Act of the British parliament, and thus confirmed by his Majesty, can't be repealed but by our Assembly with the King's Assent. This is a point that you are to insist upon if it should be disputed. Under this Act we have always attached the Effects of Persons residing out of the Colony, as well as of those of good Credit, as of other dying insolvent, and of Bankrupts. The Assignees in the present Case think that by Virtue of the Statutes concern- ing Bankruptces, they are entitled to all the Effects of a Bank- rupt in Virginia, as well as in Great Britain, in Exclusion of our Rights here, the Unreasonableness and Injustice of which will appear from this Consideration; that the time limited- by the Assignees under a Commission of Bankruptcy for the Creditors to make out their Demands is so short as renders it impossible for us to come in under a Commission & receive any Benefit from it; besides the Effects which the Merchant of Great Britain hath here often gives Credit to his Factor or Agent, who buys large Quantities of robacco, draws his Bills for the payment, and if the Principal happens to break the Bills are protested; And if
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the Assignees prevail in this Case the very Effects here which the planter looked upon as a Security for the payment of the Bills are swept away by them, & he is left to lament the extreem Inequality of the Laws, if they should be so adjudged. You are therefore, Sir, to engage the best Counsel you can to support and defend the Force of this Act, the Expence of which shall be repaid you. You are not to act as a Principal in the Dispute, since the Respondents will send over a Copy of the Decree, and will also employ Counsel to prevent a Reversal. We now inclose you a Copy of the Act, with his late Majesty's Ratification in due Form so that, we repeat it again, no power on Earth can alter the Force of it less than our Assembly with his Majesty's Assent. We have observed in a Letter from Mr. Secretary Pitt to our Lieuten' Governor, which he laid before the General Assembly, he, says that this Colony had been remiss in their Duty to the King, bygrantingsofew MenforthelastCampaign, I76o. This is an Imputation that we expected ouir very liberal Grants for many Years past, even beyond our Abilities, would have secured us from; but we are willing to hope that this Censure of our Conduct arose from Mr. Secretary's forming his Idea of our Number of Men that year from the Returns which General Monckton made to the War Office, in which would appear but little more than 400 Men. But besides these, we had a thousand Men on our Southwestern Frontiers, ready to co-operate with Coll Montgomery against the Cherokees, which were prevenited from acting by the Repulse he met with, and his hasty Retreat in Consequence of it. That you may be able to remove any unfavorable Impressions of us in this Respect, and that you may put in our Claim for a proportion of any Money that was given last, or may be given next Session of Parliament, we now send you authentic Copies of both the Acts,* by which you will see that we have expended * By act passed November, 1759, it was ordered that 400 men of the Virginia regiment should be employed in such manner as the Com- mander-in-chief of his Majesty's forces should direct, and that the re- maining part should be stationed where the Governor of Virginia should appoint (Hening, VII, 331). An act was passed in March, 1760, (Ibid, .317) continuing the Virginia regiment in service, and also providing for retaining in service 3oo men, in addition, who were guarding the fron-
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all that we received of the two first Grants, and we expect there wlll be a large Sum to pay for Deficiences at the End of this Canipain. The last poinit we shall now trouble you upon, is the Com- plaint of the people for Want of a Man of War stationed here to protect our Coasts and Harbours from the Insults of the Enemy's privateers. It is remarkable that the Colony has not for a long Tract of Time been without a Guard Ship or two, "till within these five Years past, we have not had any, except now and then a Ship hath come as Convoy to the Trade, and returned with it, leaving the Coast without any Naval Protection for many Months, and last Summer a small privateer came to the mouth of our most considerable Harbour, cut out a Vessel from the Coast of Guinea of great Value, and carried her off, besides making many other Captures. The natural Way to remedy this, would be by an earnest Application to the Lords of the Admiralty, setting forth the Necessity of some Protection of this Sort, as the Trade is of Consequence and merits some Consideration. You will, there- fore, Sir, use your best Endeavours to prevail with their Lord- ships to order a Ship or Sloop of War, to be always on the Sta- tioin, besides any that may be occasionally appointed as Convoy to the Trade to and from Great Britain. [Endorsement.] PROCEEDINGS OF THE COMMITTEE, I ITH AND 13TH JUNE, 176I, With the 4th L1 inclosed. At a Come held June IIth-, 176I. Present: hon. W. Nelson, T. Nelson, P. Grymes & P. R., Esqrs., Mr. Atto Col. Bland, Mr. Waller, Mr. Wythe & Mr. Nicholas. That Pt of his LT relat'g to an Address of Condol0" complied -with last Sess., The Ass. not sett5 before. tiers. By act of the May session, 1760, (Ibid., 357) 300 men of the Vir- ginia regiment, and an additional force to be enlisted, not exceeding 700, were ordered to the relief of Fort Loudoun, which was threatened by the Cherokees. The acts referred to in the text were, no doubt, two of these.
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The Satisfaction given his Maj'tys Subjects of Virga to hear of his Accessn to the Throne* so much to the Satisfact" of his people. Not to put himself to the Expence of Copies of the Vouchers by w'ch Mr. Dinwiddie passed his Accts. till he hears further from ye Com. That he will endeavour to inforce the Represent" from hence sent him formerly in Regard to the Dispute with the Clergy & the other Matters recommended to him. To be informed it is notorious here that Maryland raised no, Men. That he enforce the Instruct"" given him in the Last Let- ters from hence relative to the Number of Men raised for the last Campain to join Col. Montgomery. And that the Men were under Gen' Amherst's Comm4 & Col. Byrd rec' orders from him. To give him the Opinion of this Com'tee what Articles of Expence in the Execution of his Office will be reimbursed, & what not. That it is the Opinion of the CoMr that a Commissn of IS Y2 Ct will be allow'd him for all Monies he shall receive for the use of this Colony & that he be desired to inform Mr. Abercrombie of this & that it is expected he will re-settle his Accounts agree- able to this Direction, which if he refuses, Mr. Montague must oppose his passg his Acc' in any other Manner at the Treasury. As to Mr. Rowe, it is known whether he is gone home on any particular public Business but that the CoMr look upon his En- quiry into this Matter as an Instance of his Attention to the Interest of this Colony. Not to look upon himself as concern'd in procuring the King's Assent to any private Acts of Assembly, but that it's left to the parties concern'd to emplov whom they please, & that he is at Liberty on Application to solicit any such Acts. Mr. Att?, Mr. Nicholas & Mr. Wythe appointed to prepare the L'. At a Com. held ye 13. The Com. Prest: W. N., T. N., P. G., & R. B., Esq1', Jnv * George III succeeded to the throne on the death of his grandfather in 1760.
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Robinson, Peyton Randolph. G. W., & R. C. N., Gent. Lr read & agreed to & signed by the Members present. LETTER TO THE AGENT. [Endorsement]: 4th L' to the Agent. June 13, 176X. Virginia, June 13th, 176I. Sir,-From your letters of the I5.and igth of Feb. and the 3d and 5th of March, which we have received, we are well pleased to find that your conduct still merits our approbation, and have grounds to hope your attention to your own credit, as well as zeal for the colony's interest, joined with assiduity, patience and perseverance, will render any great share of that influence you disclaim unnecessary to promote the good of your constituents. As Virginia is not inferior to any part of the world in that duty to their present sovereign, which they manifested in every instance to his roial progenitor; so they were not less sensible of that grief which every British heart was afflicted with on the de- mise of his late majesty nor would have been less early in con- gratulating his successor on his accession, but that this ceremony was necessarily delaied 'til the meeting of the general assembly, when an address of the united powers of the legislature was pre- pared which we believe hath been presented. The general testimony that our young monarch is giving daily proofs of his inclinations to add to the glory and felicity of his people will justify our indulging the most delightful prospects of liberty, peace and plenty, and incline us to expect that he will graciously extend his roial and paternal care and protection equally to all his subjects, and redress the grievances of any of them, how remote soever, when properly explained, with his wonted benignity. We need not repeat, and can not add to any thing in our former letters on the subject of the address and representation, and other matters recommended with them to you, not doubting your endeavours to solicit and enforce them effectually, and leav- ing the manner of doing it to your own discretion. If the resolution of the lords of the treasury " to admit no sollicitations from the agents relating to the distribution of the money granted by parliament'" is not unalterable; if they can
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be made acquainted with what we have formerly written on that head; if they knew what is notorious and confessed here, that Maryland did not furnish a single mani for the service in the year 1759, and for seieral years before; and if they were informed that i,ooo of the men levied, subsisted and paid by this colorny last campaign, serving under an officer who received his orders from general Amherst, were intended to have joined his majes- ty's forces under col. Monckton, and would actually have done so, but that they were afterwards, with the general's approbation, directed to assist the forces from South Carolina under col. Montgomery. We say, if these considerations were sufficiently attended to, have we not reason to hope the application of the money would be more justly proportioned to the vigor and strenuous efforts of the " respective provinces ?" When you can procure an audience on the subject of the act of 22 G 2 for settling the titles and bounds of lands, &c., we hope the utility of that salutary law will not be measured by the care and diligence of those who have before sollicited the affairs of this colony. We would not have you put us to an expence for copies of the vouchers of mr. Dinwiddie's account, until we shall have given you further directions, after seeing it. We are obliged to you for the information you have given us concerning the commissions allowed the agents of the other col- onies. We are willing and do agree to allow you what seems to be a reasonable commission, 1 ? per cent. for your trouble in receiving and remitting this colony's proportion of money granted by parliament, and we desire you to inform mr. Aber- crombie of this our resolution, and that we expect he will reduce his charge for that service to the like proportion, or otherwise that we have instructed you to oppose the passing of his account at the treasury. [On the margin is written, "This to be left out. "] We think that gentleman hath not dealt with us as he ought, both in overrating his commission, and in many other articles of disbursements in his account. We should not have objected to reimbursing him his expences in procuring papers, &c., for our use, as we are willing to allow any of yours of that kind. As we do not know that mr. Rowe is charged with any em-
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bassy which can concern this colony, we have nothing more to say in answer to so much of your letter as relates to him than that we regard your precaution as an instance of that vigilance by which we hope all the purposes of any enemies to the tran- quillity and happiness of this country on your side will be de- feated. The sollicitation of the roial assent to any private acts of as- sembly we do not consider as an ex officio business of yours, unless,you have particular directions from us relative to them; but we do not mean to restrain you from doing that office at the request of any parties interested who shall apply to you. Our governor, by a faithful, prudent and steady administra- tion, bath given such universal satisfaction that we think the good of this country concerned in 'preventing any aspersions or ill impressions his conduct may give birth to,' and we be- lieve every well-wisher to it nmost heartily congratulates us on .his being continued in his government. the Treasurer of this Colony to pay you /5?? sterling B Ann. for yor Trouble & Expence in ye Discharge of your Duty in such Office yet, &c. It may not be improper to mention here that tho' the Act for -the appointing an Agent directs (here insert the Words of the Act relative to this point as I have not the Act), yet that it did not mean to subject you to the expences accruing by the procuring of papers & other services of that kind; you will all- waies be reimburs-'d for such, & may charge the country for them in your fuiture Acct. N. B. for fear you should not read my blots I put that part over again to the expences accruing by the procuring of papers & other services of that kind. (TO BE CONTINUED.)
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==See also==
*[[S. Bassett French Biographical Sketch]]
*Other Related Wythepedia Pages

==References==
<references/>

==External links==
*Read this book in [https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fbooks.google.com%2F&data=05%7C02%7Csnblai%40wm.edu%7C8aa76e76940641dac63008de7309c687%7Cb93cbc3e661d40588693a897b924b8d7%7C0%7C0%7C639074682998650757%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=BA8w%2FCHBiUFVXYaqMYq5S1VlmP6MrL3gF5RwnMwBFQI%3D&reserved=0 Google Books.]

[[Category: Biographies (Articles)]]

Proceedings of the Virginia Committee of Correspondence

Gwsweeney:

{{DISPLAYTITLE:''Proceedings of the Virginia Committee of Correspondence, 1759-'67''}}
[[File:JeffersonHonoraryLLD20January1783.jpg|thumb|right|350px|Please include a captioned image with source, if possible.]]
Introduction and summary.<ref>Please footnote sources.</ref>

==Article text, April 1902==
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VIRGINIA LEGISLATIVE DOCUMENTS. Many years ago the older papers forming the records of the General Assembly of Virginia were removed from the office of the Keeper of the Rolls, and deposited, or rather, apparently, thrown in a heap, in the garret of the Capitol. They long remained in this p)lace with the dirt accumulating on them, unthought of and unused, except by Mr. W. W. Henry, who obtained from the mass, much material used in his Life of Patrick Henry. About ten years ago the Legislature placed these records in the custody of the Secretary of the Commonwealth for arrangement and possible publication. They were, accordingly, brought down from the garret, properly arranged in chronological order, and put up in packages; but the removal of the State Library to a new building and a demand for the room in which these records were stored for other use, almost undid the good done by the arrangement. It became necessary to remove them to the new building, where they are packed in such a small space that they are practically inaccessible uintil again examined and arranged. This Society has obtained permission to copy and publish them, and the first installment appears below. These papers consist of petitions, remonstrances, letters, executive communications, rough draughts of bills, &c. There are a few documents of an earlier date than 1774; but the mass of them begin in that year. [The first two papers in this collection are deeds, dated in 1728, conveying a lot of land for a free school in the town of Norfolk. These were printed in the Lower Norfolk Antiquary, I, 78-8I.] Proceedings of Virginia Committee of Correspondence,* 1764. VIRGINIA AND THE ENGLISH "DECLARATORY ACT." At a Committee of Correspondence held at the Capitol December I9, 1764. *See Note i, at
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Present: The hon'ble John Blair, Wm. Nelson, Thos. Nelson and Peter Randolph, Esqr., John Robinson, Peyton Randolph, Richard Bland, Geo. Wythe, L. Burwell & Dud. Digges, Esqr. Mr. Montague's Letter of the 2ISt July, was read & a Letter ordered to inform him of the proceedings of the present Session of Assembly on the Subject of the Taxes * proposed to be laid on the Colonies by the British Parliament & that copies of the Address to his Majesty & the Memoriais to the House of Parliament be got ready to go with the Letter. And the Comn. immediately proceeded to prepare such a Letter, which was done at the Board, signed by all the members present and is as follows: Virga, Dec., 20th, 1764. Sir, We have rec'd your Letter of the 2ISt of July last, & have only to observe with Respect to the Act * * of * * for regulating the German Coin, that his Hon. Gov. has wrote to ye Lo'ds of Trade oni that Subject, tranismitted to themii an answer to the objection raised agaitnst it, in which he was assisted by some of our members & to which we beg leave to refer you. We are now to inlform you that the Genieral Assembly of this Colony met on the Day we mientioned in our last, and immediately took into consideration the Taxation proposed by the British Parliament on the American Colonies, when your several Letters on that subject and the Votes of the House of Comnmonis which you sent us were laid before themn. The Result of their Deliberation on this important Subject, is an address to the King, and memorials to the two Houses of Parliament, in which the Council and House of Burgesses have unanimously joined and directed us to transmit them to you; and we must desire of you to try every possible method of having them properly presented and use your utmost Influence in supporting them. We are under some apprehensions that you will meet with Difficulty in getting the memorial to the Connmons laid before them, as we have heard of their refusing to receive Petitions from the Colonies in former similar Instances. If this should be now the case we think you should have them *See Note 2, at end.
This
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printed and dispersed over the Nation, or the substance of them at least published in such manner as you may think least liable to objection, that the People of England may be acquainted with the Privileges & Liberties we claim as British Subjects; as their Brethren and the dreadful apprehensions we are under of being deprived of them in the unconstitutional method proposed. We have had so many Proofs of your attention to our Interest that we do not entertain the least Doubt of your doing every thing in your Power to assist us in this very interesting Occasion in which we are persuaded you will be heartily seconded by the Agents for the other American Colonies. We are Sir, Yr. mo. hble. Servt", J. Blair,* W. Nelson,t T. Nelson,: P. Randolph,? J. Robinson,II Pey. Randolph,? R. Bland,* * G. Wythe,t t L. Burwell, t + D. Diggs, Jun. ? Proceedings of Virginia Committee of Correspondence, 1765. THE RESOLUTIONS OF MAY 30, 1765. At a Committee held at the Capital the I4 Day of Septmr, I 765. Present: The hon. John Blair, Wm. Nelson, Thos. Nelson & Robert Carter,' Esqr, Peyton Randolph, Geo. Wythe, Robt. Carter Nicholas,?? Lewis Burwell, and Dudley Diggs, Esqr, *John Blair, of Williamsburg, born j686, died November 5, 177, was a nephew of Rev. James Blair, D). D., the first President of William and Mary College, and entered early into public life. He was member of the House of Burgesses for Williamsburg 1736, I738, 1740; Auditor- General 1732-177 1; member of the Council 1743-177 1, and as President of that body was acting Governor January-June, 1758, and March-October, 1768. He married Mary, daughter of Rev. John Monro, and was father of Justice John Blair, of the U. S. Supreme Court See Wiliam and Mary Quarterly, VII, 134-153; VIII, i-i7; and " Blair, Banister and Braxton Families." t William Nelson, of Yorktown, born 171 1, died November I9, 1772. He was a member of the House of Burgesses for York county 1742, 1744; of the Council 1744-1772, and as President of the
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Mr. Atto; Mr. Wythe, Mr. Nicholas, appd to prepare a Letter to acting Governior from October 15, 1770, to August, 1771. He married Elizabeth, daughter of Nathaniel Burwell, of "Carter's Creek," Gloucester county, and was the father of Thomas Nelson, signer of the Declaration of Independence See R. C M. Page's Page, Nelson, &c., Families, 2d edition. I6o- i66; William and Mary Quarterly, VII, 25-30; Meade's Old Churches and Families of Virginia, 1, 205- 210. 4 Thomas Nelson, of Yorktown, Va. (a brother of William Nelson), was born in 1716 and died in 1782. He was a member of the House of Burgesses for York county 1745-1749, inclusive; of the Council 1749-76, and Secretary of State 1743-76. It appears from the Virginia Gazette (Dixon and Hunter's), of May 6, 1775 that he was then President of the Council. His house at Yorktown was for a time Cornwallis' headquarters; btut was destroyed by the bomnbardment. " Secretary Nelson," as he was usually called, was at Yorktown when the siege commenced; but on October 8th, came out to the Americani lines under a flag of truce. A contemporary writer says that he spoke cheerftully to the officers who gathered arotitnd him, and encouraged them by his description of the great damage the shells were doing in the town. He married Lucy Armistead. . Peter Randolph, of " Chatsworth," Henrico county, born 1713, died July 8, 1767; was appointed to the Council in 1751. and was Surveyor General of the Customs for the Middle District of North America. He was probably not in favor of any radical measures iii opposition to England, as Jefferson says that the morning after Henry's resolutions-the first five-were adopted in 1765, he saw Colonel Peter Randolph sitting at the clerk's table examining the journals to find a precedent for expunging a vote of the House. His will is published in Water's Gleanings. He married Lucy, daughter of Robert Bolling, of Prince George county, and was the father of Beverley Randolph, Governor of Virginia. IIJohn Robinson, of " Mt. Pleasant," King and Qtueen county, was born in Virginia, and died in May, 1766. He was a member of the House of Burgesses for King and Queen county 1736-1766, and Speaker of the House and Treasurer of Virginia 1738-1766. The Virginia Gazette for May i6, 1766, contains the following: "On Sunday last died John Robinson, Esq., a member of the General Assembly for the county of King and Queen. He had been almost thirty years Speaker of the Burgesses, every one allowing to his indisputable merit, not the second, but the first place in that House; which post he filled with sufficient ability, and equal dignity: So that the public is deprived of a most uiseful servant. And the matny amiable virtues which adorned his private
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the agent to acknow: Rec' of his sev" Letters of i9th Novr, I764, station, whilst they consecrate his memory among his friends, dependants, and acquaintance, mark his death as a calamity to be lamented by the unfortunate anid indigent who were wont to be relieved and cherished by his humanity and liberality." His natural abilities, and genial temper, united to the two offices he held, made him long onie of the most influential nmen in Virginia. This easy and generous disposition caused him to be a careless guardian of the public funds, and at his death he was found to be a defaulter for about ,?roo,oou. Much of this was on account of moniey he had loaned to friends. Ultimately the whole was repaid from his great estate. He married (1), Story; (II), Lucy, daughter of Augustine Moore, of "Chelsea;" (II), Susanna, daughter of Colonel John Chiswell. His onily descendants are through his daughter Susanna, who married Robert Nelson, of "MNlalvern Hill," Henrico county. ? Peyton Randolph, of Williamsburg, born 172I, died September 22, 1775, was member of the House of Burgesses for William and Mary College of Williamsburg from 1748 to 1775, continuously; Attorney- General 1748-1766, and Speaker of the House of Burgesses 1767-1775. He was President of the Convention of March, 1774 and 1775, and that of July in the latter year, but resigned the position in August on account of bad health. Was President of the Continental Congress in 1774 and 1775. He married Elizabeth, sister of Benjamin Harrison, the signler of the Declaration of Inidependence, but had no issue. ** Richard Bland, of "Jordan's," Prince George county, born May 6, 17IO, died October 26, 1776. He was a member of the House of Burgesses 1742-1775, continuously; of the Conventions of March, July and December, 1775, and May, 1776; elected member of the Colonial Committee of Correspondence in 1773; of the Committee of Safety 1775, anld of Congress 1774, and re-elected in 1775. Throughout the events producing the Revolution he was one of the leaders of the colony. He was author of " A Letter to the Clergy on the Two-penny Act" (176o), and " Ani Inquiry into the Rights of the British Coloniies " (1766). He married Ann, daughter of Peter Poythress. t t George Wythe, born 1726, in Elizabeth City county, died June 8, i8o6, in Richmond; was a member of the House of Burgesses for Williamsburg 1754-1755, for William and Mary College 1758-1761, and for Elizabeth City couinty 176 1-1768. He appears at the date last mentioned to have retired for some years from public life, and held no other office until elected to Congress. He was a member of that body in 1775 and 1776, and signed the Declaration of Independence. He was chancellor of the State of Virginia and first professor of law in William and Mary College.
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Feb. 7th and i6th, April 4th, and May Ist, 1765. To apprize See biographical sketch prefixed to B. B. Minor's edition of Wythe's Reports, and William and Mary Quarterly, II, 67-69. I t Lewis Burwell, of " Kingsmill, " James City couinty, member of the House of Burgesses for that county from 1758 to 1775, continuously. He married Frances, daughter of Edwin Thacker, of Middlesex county, and is said to have died in 1784. D Dudley Digges, of York county and Williamsburg, was born 1729, and died June 3, 1790. He was a member of the House of Burgesses for York county 1732-1774; of the Convention of 1775-1776; of the Committee of Correspondence and Safety and of the State Council I 776-1780, &c. He married, first, Martha Armistead; second, Elizabeth, daughter of Ralph Wormeley, of " Rosegill," Middlesex county. 0 Robert Carter, of "Nominy Hall," Westmoreland county, born 1728, died Mlarch 4, 18o4, in Baltimore, Md. He was appointed to the Council in 1758. It is believed that shortly before the Revolution he retired from public life and devoted his time to the management of his estate, and to books anid music. After the war he freed most of his slaves, several hundred in number, and removed to Baltimore. He married Frances, daughter of Hon. Benjamin Tasker of Maryland. In regard to him, see the " Diary of Philip Fithian " (Princeton Uniiersity Press), who was a tutor at Nominy Hall just before the Revolution. 0 0 Robert Carter Nicholas, born 1715, died 1780; was a member of the House of Burgesses 1764-1776, Treasurer 1766-1776, member of the Revolutionary Convention, of the House of Delegates 1777-1779; Appointed Judge of the Court of Chancery, and Judge of the Court of Appeals of Virginia. He married Anne, daughter of Col. Wilson Cary, of " Ceeley's " and " Richneck," and was the fatherof W'ilson Cary Nicholas, Governor of Virginia, anid U. S. Senator, and of George Nicholas, so distinguished in Kentucky. It has been deemed proper to give sketches of the ptublic services of the men who formed the Committee of Correspondence of 1764-'65, because their selection as members of that body by the Council and House of Burgesses, shows that they were considered as among the leading men of the two branches of the Assembly. They were, indeed, types of the men who were at the head of aflairs in Virginia just prior to the Revolutionary movement. They were men devoted alike to England and to the rights of the Colonies, and all of them of good character, liberal education, for the time, and of large estates. Blair was educated in Scotland ; the two Nelsons, it is believed, at WVilliam and Mary, as was Peter Randolph. Robinson was probably educated in England, and Peyton Randolpli studied at William and Mary and the Tem-
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him of a spurious Copy of the Resolves* of the last Sess. of Ass. on hearing of the Stamp act being dispersed abt & printed in the News Papers, & to send him a true copy of the Votes on that occasion properly authenticated, to prevent any ill Impress8 from the Spurious copies. To advise him of the Act for continuing him in office, & to thank him for his care & attento to the Intr of America notwithstanding the fatal stamp. Sept. I9. Letter read and signed by: J. Blair, W. Nelson, T. Nelson, Peyton Randolph, Peter Randolph, G. Wythe, R. C. Nicholas, L. Burwell, D. Diggs, Jun. Resolved, That the first adventurers and Settlers of this his Mlajesty's Colony and Dominion of Virginia, brought with them and transmitted to their posterity and other his Majesty's Subjects since inhabiting in this his Majesty's said Coloniy, all the Liberties, Privileges, Franchises and Immunities that have at any Time been held, enjoyed and possessed by the People of Great Britain.. Resolved, That by two Royal Charters granted by King James the first, the Colonists aforesaid are declared entitled to all Liberties, Privileges and Immunities of Denizens, and Natural Subjects to all Intents ple; Richard Bland, at William and Mary and Edinburgh; Wythe and Nicholas, at William and Mary, as, it is thought, were Burwell and Digges; while Carter was educated in England. William Nelson and Nicholas were noted for their devotion to the church. In character, education and manner of life, these typical Virginians of the first rank during this period, were as different as it was possible for men to be from the ignorant and debauched creatures which it has pleased various so-called historianns and biographers to picture as representatives of Virginia colonial character. After 1765 new men came forward, and most of the members of the Committee of Correspondence, who remained, became more radical in their views, and were foremost in the Revolutionary movement as they had been in the peaceful period preceding it. Peyton Randolph, Blatid, Wythe and Nicholas, will always hold a high place in our history, and Digges and Burwell, though in minor places, played their parts well. * See Note 3, at end.
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and Purposes as if they had been abiding anid born within the Realm of England. Resolved, That the Taxation of the People by themselves or by Persons chosen by themselves to represent them, who can only know what Taxes the people are able to bear, or the easiest Method of raising them, anld must themselves be affected by every Tax laid on the People, is the only Security against a burthensome Taxation, and the distinguishing characteristics of British Freedom, without which the ancient Constitution cannot exist. Resolved, That his Majesty's liege People of this his most antient and loyal Colony, have without Interruption enjoyed the inestimable Right of being governed by such Laws respecting their internal polity and Taxation, as are derived from their own Consent, with the approbation of their Sovereign or his Substitute, and that the same hath never been forfeited or yielded up, but hath been constanitly recogniized by the kings and people of Great Britain.
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==Article text, April 1903==

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PROCEEDINGS OF THE VIRGINIA COMMITTEE OF CORRESPONDENCE, 1759-'67. From the Originals in the Virginia State Archives. [At the February session, 1759, of the General Assembly of Virginia, Edward Montague, Esq., of the Middle Temple, was appointed the agent for the colony in England, and a committee, termed the Committee of Correspondence, composed of members of the Council and House of Burgesses, was appointed to transact all business with him. The agent was to support before the English government any laws passed in Virginia in regard to which there might be any question of approval, and was generally to represent the interests of the colony in England. Therefore, the correspondence between the committee and the agent must be of value as throwing light on the history of the period. Two letters from the committee, found amnong the Legislative papers, have been published in Vol. IX of this Magazine, pp. 353-360. See same Vol., pp. 355-359 and 364, for a note on the Committee of Correspondence and biographical sketches of its menmbers. Francis Fauquier became governor of Virginia on June 7, 1758, and held the office until his death, on March 3d, 1768.
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Sessions of Assembly were held in September and November, 1758; February and November, 1759; March, May and October, 1760, and March, 176I.] PROCEEDINGS OF THE COM. OF CORRESPONDENCE, MAY 2D, 1759. At a Meeting of the Committee for corresponding with the Agent appointed to sollicit the Affairs of this Colony in Great Britain, held at the Capitol in Williamsburg, May 2d, 1759. Present: The hon'ble William Nelson, Esq', Chairman, the hon'ble Thomas Nelson, Philip Grymes & Peter Randolph, Esq", John Robinson, Peyton Randolph, Robt. Carter Nicholas, and George Wythe, Esq". Resolved, That George Davenport be appointed Clerk of this Committee. Resolved, That a Letter be wrote to Edward Montague, Esq'. the Agent for this Colony, with a Copy of the Act of Assembly appointing him agent: And that a Copy of the Representation formerly sent by the Assembly to Mr. Secretary Pitt, be transmitted to him therewith. Resolved, That Application be made to the Governor for Copies of the several Letters wrote by Mr. Secretary Pitt, in Relation to the Application to be made to Parliament in behalf of this Colony, and that they be sent Home to the Agent to enable him to sollicit for the proportion of Money granted, and to be granted by Parliament, for reimbursing this Colony the Money they have expended. Resolved, That the Agent be instructed to use his Endeavours to get the King's Assent to an Act of Assembly past in the 22d Year of his Majesty's Reign intituled "An Act for settling the Titles and Bounds of Lands, and for preventing unlawful hunting and Ranging." And that the Clerk apply to Mr. Palmer for a Copy of the Reasons that were drawn up in order to be sent home, in Support of the said Act of Assembly. Resolved, That the Agent be instructed not to shew the Act of Assembly for appointing him Agent, before all the Acts passed the last Session of Assembly are transmitted by the Governor to the Board of Trade.
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And as there is some Reason for apprehending Attempts may made for repealing the said Act, that the Agent be directed to use his utmost Endeavours to prevent the same, and be made acquainted with the Reasons of an Agent being appointed by this Colony. Resolved, That the Agent be instructed to use his utmost Endeavours to prevent any additional Duty on Tobacco, and that he be furnished with Reasons for opposing the same. Resolved, That the Agent be instructed to get a Copy of the Account of Mr. Dinwiddie's Disposition of the ?20,000 granted by his Majesty, for the Use of this Colony, which he says he has passed with the Treasury, and that he procure, and send over, Copies of the Vouchers by which the same was passed. Resolved, That the hon'ble William Nelson and Thomas Nelson, Esq-, & John Robinson and Peyton Randolph, Esq", do prepare a Letter to be transmitted to the said Agent, in pursuance of the aforegoing Resolutions. A Copy. GEo. DAVENPORT, Clk. Com. PROCEEDINGS OF THE COM. OF CORRESPONDENCE NOV'R 7,. I759. At a Meeting of the Com. of Correspondence held at the Capital Nov" 7th. 1759. Present: The hon'ble William Nelson, Philip Grymes & Peter Randolph, Esqr6, John Robinson, Peyton Randolph, Charles Carter, Landon Carter & Richd Bland, Esq". It appearing to this Comittee that a Letter hath not yet been sent home to the Agent for this Colony, pursuant to the Resolutions of the former Committees, it is therefore Resolved, That a Letter be prepared to be sent Home to the said Agent. by Mr. Speaker, Mr. Attorney, Mr. Charles Carter, Mr Landon Carter and Mr. Bland, to he laid before this Comnittee at their next meeting. Resolved, That the Gent. appointed to prepare the said Letter be inistructed to inform the said Agent of the Reasons that prev'ailed with the Legislature of this Colony to pass the Act made in the thirty second Year of the Reign of his present Majesty, intituled An Act to enable the Inhabitants of this Colony to dis
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in Money for the ensuing Year. Resolved, That it be a Direction to the Gent. above appointed to prepare the said Letter to the Agent, to omit taking any Notice in the said Letter of the Directions of the former Committee, whereby the said Agent was required not to shew the Act 6f Assemibly of this Colony appointing him to his Office, before all the Acts passed at the last Session of Assembly should be transmitted by the Governor to the Board of Trade; And that they be discharged from furnishing the Agent with Instructions to prevent an additional Duty on Tobacco, as was directed by this Comittee at their fornmer Meeting, it appearing to this Comittee that such a Duty hath already taken place. Ordered, That the Committee be adjourned to Wednesday next at IO o'Clock. A Copy. G. DAVENPORT, Clk. Com. AT A COMMITTEE OF CORRESPONDENCE HELD AT THE CAPITOL NOV'R 14TH, 1759. Present: The hon'ble William Nelson, Thomas Nelson, Philip Grymes & Peter Randolph, Esq'8, John Robinson, Charles Carter, Richard Bland, Landon Carter, George Wythe & R. C. Nicholas, Es;qT'. Mr. Nelson infornmed the Committee that the Revd Mr. John Camm * Minister of the Parish of York hampton hath latelv commenced a Suit at Law against the Collectors of that Parish to recover his Salary in Tobacco, in Opposition to the Act of Ass: made in the xxxiii Year of his Majesty's Reign intituile(i An Act to enable the Inhabitants of this Colony to discharge their public Dues, Officer's Fees & other Tobo Debts in Money for the ensuing Year. He therefore desired the Opinion of the Coni. whether this Matter is not of so public a Nature (whereini the Power of the Legislature of this Colony in making temporary Laws for the public Weal will be called in Question) as to nmerit their particular Attention, and if need be, their Aid & Assistance in contribuLting to the Expences that may accrue in *See note at enid of article.
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defending the said Suit either here [or] in Great Britain, as such Expenses may be to heavy to be borne by that Parish. After Consideration whereof, it. is the Opinion of this Committee, and accordingly Resolved, That this Matter be proposed to the Consideration of the House of Burtgesses, and their Opinion desired there- UPOII. The Commnittee appointed to prepare the Letter to the Agent in pursuance of the Resolutions of the Com. at their last Meeting not having compleated the samie Ordd, That the Com. be adjd to Saturday morning next. SATURDAY NOV'R 17, 1759. Present: The hon'ble W. Nelsoni Thomr Nelson & Ph. Grymnes, Esq"r, Jno. Robinson, Ch' Carter, Rd Bland & R. C. Nicholas, Esq . The Letter to the Agent not being yet finished pursuant to the former Resolute Ordd, That. ye Com. be adjd to Monday morning next. AT A COM. HELD AT THE CAPITOL ON MONDAY I9 NOV'R, 1759. Present: The hon'ble W. Nelson, T. Nelson, P. Grymes & Peter Randolph, Esqr, John Robinson, Rich' Bland, G. Wythe & R. C. Nicholas, Esq"'. The Comn. appointed this day preseinted a Letter they had prepared with Instructions to the Agent agreeable to their foriner ResoluLtions, to which sev' Amendments being proposed & agreed to, Mr. Speaker was desired to reduce the same into form. Ordd, That ye Corn. be adjd till Tomorrow. NoV'R 20TH. Present: As before. Mr. Speaker informing the Com. that he had not suff' time since yesterday to draw up the amendnments proposed to the Letter to the Agent, Ordd, That ye Com. be adjd.till Tomorrow.
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LETTER TQ THE AGENT, DEC., 1759. Williamsburg, Dec" I 2th, 1759. Sir,-The General Assembly of Virginia has by an Act passed the 14th of April, 1759, intituled "An Act for appointing an Agent " a Copy of which is herewith inclosed, been pleased to appoint you the Agent of this Colony, & directed their Treasurer to pay you yearly the Sum of ?50o sterling, in full for your Expenses & Trouble in the Execution of your Duty. The Appointment of such an Officer to represent the Grievances of the People, to justify their Conduct to their Sovereign. to obtain his Approbation & Assent to such Laws as their Rep. resentatives shall think necessary for their Welfare and good Government, to implore his Assistance in the time of Danger and Calanmity, and to protect and explain their Rights & Interest ill Parliament, seem to be the natural Privilege of all Colonies, so far remov'd from their King and Mother Country. Yet the People of this Colony have had the Misfortune allways to be disappointed in . their Endeavours to attain this Right, tho universally claim'd, and enjoy'd by all his Majesty's other Colonies anid have been obliged to depend for these great and important Services on an Agent appointed by the Governor and Council, who for want of the Weight which a national Establishment would have given hinm, the Authority which must necessarily be derived from every Power of the Legislature, the Instructions when and for what Reasons he should interpose, must have beeni very deficient in his Duty, when considered as regarding the whole. Besides sonletimes diflerent Initerests arise ailmongst the different Branches of the Legislature, different Instructions then become necessary; an Agent so appointed is obliged to obey those by whom he is appointed, and by the plainest Consequence in Affairs of the greatest Moment, the Body of the people nmay be left without the Shadow of a Representative. It is to our not having a Representative properly appointed and instructed, that we in a great Measure attribute the passing an Act of Parliament for laying a Duty on our Tobacco, the Staple of this Colony (in the present State of the Tobacco Tr-de, a great Grievance to the people), and the Repeal of several
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Laws, thought to be very saltitary. But these are Misfortunes which can now perhaps be only lamented and not redressed. We being by the same Act apppointed a Committee to correspond with the Agent, must now desire you to take this Office upon you, and that you will take Care allways to he ready to prevent the Repeal of Laws passed by the Legislature, the Reasonis for which, will be from time to time transmitted to you by us; to support any Representations which it may be necessary to make, and for that Purpose will not fail to attend them thro' the several Boards to which they may be referred; To give early Intelligence of anything that may be moved in Parliament, or the Department for American Affairs to this Committee; And in all things relative to this Colony, to use your best Endeavours, according to your Discretion, to protect her Rights and secure her Interest. We must desire you immediately to join in any Solicitations which may be made, for a Grant of a Sum of Money, to reimburse the Colonies, in some measure, for the great Expence they have been at during this War, agreeable to the Promise made by Mr. Secretary Pitt, in his Letters of the gth & 29th of Decenmber, 1758, to the Governor, and by him laid before the Assemiibly, Copies whereof are inclosed. And if any such Grant shall be made, to endeavour to get as large a proportion of the same as the persons appointed to distribute it shall think we deserve; And that you may be able to shew what our Expence has been, we have minuted down the several Sums that have been raised in this Colony, and the Purposes for whlich they were raised in a particular Account * thereof herewith sent, and to which we refer you. Also that youi use your best Endeavours to get the Kinig's Assent to an Act of Assembly passed in the 22d Year of his present Majesty's Reign, intitd "An Act for settling the Titles and Bounds of Lands and for preventing unlawful Hunting and Ranging," which having a suspending Clause, cannot take Effect till this is done. This Act was passed upon the Revisal of all the other Laws of this Colony, and the chief Intention of it was to reduce the sev- * Not found.
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eral Acts relating to the Conveyance, taking up, settling, savinig & cultivating of Lands, into one Act; and also an Act prescribing the method of docking the Intails of Land of no greater Value than /200 sterling, by a Writ, called a Writ of Ad quod Damniuni. To most of the other Acts passed at the same timiie his Majesty was pleased to give his Assent. But this Act was laid by, as we imagine, to be considered, whether his Majesty's Right of granting Land was affected thereby. And as it will appear by the several Amiiendments hereafter mentioned, that nothing of that Sort was intended, or affected by them, we conclude that it is enitirely owing to a want of a proper Application, that his Majesty's Assenit has not, lonig since, been obtained thereto. The several Acts it takes in are as follow: An Act for settling the Titles and Bounds of Land, and for preventing unlawful Shooting & Ranginig thereon. 9 Anne, Cap. 13. An Act to prevent Lanid lapsing from an Infant for not seatinig and planting, or not paying Quit Rents, until three Years after they come of Age. r I Anne, Cap. 4. An Act declarinig what shall be accounited a sufficient Seating, cultivatinig & improving of Lands, already granted, or hereafter to be taken up and patented. 12 Anne, Cap. 13. An Act explaining & further declaring what shall be accounted a sufficient Seating & Improvemenit of to save Lands from lapsing, and for the better Recovery of Lanids lapsed from Persons living out of the Country. 7 Geo. i, Cap. 3. An Act for amending the Act intituled An Act for settling the Titles and Bounds of Lands, and for preventing unlawful Shooting and Ranging thereupon. 8 Geo. 2, Cap. 6. An Act for the better Preservation of the Breed of Deer, & preventing unlawful Hunting. 12 Geo. 2, Cap. 14. An Act for amending the Act intituled An Act for settling the Titles and Bounds of Lands and for preventing unlawfuil Shooting and Ranging thereupon. i8 Geo. 2, Cap. I4. By perusing these Acts, you will find that no Alterations are made by this Act, except in a few Instances. In the Act of the 8 Geo. 2, Cap. 6, which is the Act that
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directs the Method of docking Intails of Land of no greater Value than ?J200 Sterling, these are the Alterations made. i. It directs that the Surveyor of the County where the Land lies, shall survey the Land, in Order to satisfy the Jury, who are sworn pursuant to the Directions of the Writ of Ad quod Damnum, what Land precisely thev are to value. 2. It directs that the Heir shall be summoned, to give him an Oportunity of detecting any Fraud that may be committed on the Execution of this Writ. 3. It confirms the Title of those who had proved their Deeds in the County Court. By the Act of the 8th Geo. 2, Cap 6, the Deeds of Conveyance for the intailed Lands docked under said Act were ordered to be recorded in the General Court. But the Lawyers here were of Opinion, as other Acts gave the County Courts full Jurisdiction to receive the Proof or Acknowledgement of Deeds of Land within their County, that the Purchasers of these intailed Lands might safely prove theit Deeds in those Courts. The Assembly finding that this might occasion many Law-suits, and might possibly defeat the Titles of many fair Purchasers, thought it was agreeable to Justice and Equity to confirm such Titles. This Act of the 8th Geo. 2, was the only Act that had received his Majesty's Assent, anid was the Reason for adding the suspending Clause. The only Alterations made in. any of the other Acts, are in the Act of the 7th Geo. Ist, Chap. 3, by reducing the sum for saving Fifty Acres from Ten pounds to Five, and by limitting the time for bringing Petitions to ten Years, which was not mentioned in either of the above Acts. By our Instruction sent to the Governor of this Colony, the Assembly finds that the Merchants of Great Britain are still dissatisfied with the making Treasury Notes (issued pursuant to the several Acts of Assembly for the Defence of the Colony), a proper Tender for Sterling Debts. Before the Year I748, there was no Law subsisting to direct at what rate of Exchange sterling Debts should be paid. The Consequence of this was that the Sherifs when they levied Money by Execution on Sterling Judgments demanded of the Debtors
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what Exchange they thought proper, to the great Oppression of the people, and without any Advantage to the Person who had ob)tained the Judgm'. The Assembly thought it very proper to put a Stop to such unjust Proceedings, and passed an Act in the Year 1748, 22d Geo. 2, Cap. 12, intituled "An Act declaring the Law concerning Executions and for Relief of insolvent Debtors," by which they directed that all Executions for Sterling Money should be levied at twenty five per Cent., the real Difference of Money, and no more than the Difference of Exchange at the time the Act passed. The Merchants of Great Britain complaining of this Act, and representing that they should be considerable Losers when Exchange should rise above twenty five per Cent., the Assembly took the same into their Consideration, and endeavoured to provide a Remedy which might prevenit any further Murmurs. They considered that as Exchange is a fluctuating thing they could not do Justice to sterling Creditors by fixing the Exchange at any certain Standard. They therefore passed an Act to impower the Courts where JuLdgmnents should be obtained for sterling Money, to settle at the Foot of the Judgment, at wvhat Rate of Exchange the same should be discharged; This will enable the English Merchants to bring their Money Home, without any Loss, let the Exchange rise to what it will, unless the Courts should be guilty of flagrant Injustice by settling the Exchange lower than Bills of Exchange can be purchased for, as it is notoiious they lhave always fixed it at the very highest Rate. One Reason for issuing Treasury Notes was, hecause all the Gold and Silver of the Country had been drawn away by the Armies to the Northward, and it would have been the greatest Grievance that ever People underwent, to make themn receive this Sort of Money for Debts due to them, and not allow them to discharge the Debts due from them in the same, when it was impossible to exchange it for any other; And this as appears from what has been said above is as good as any other to the Merchants in Great Britain. They were under a Necessity of making these Notes or Bills of Exchange a proper Tender for Sterling Debts, and there can be no Doubt that the English Merchants would chuse the former.
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You will, we hope, endeavour to prevent any ill Consequences from these Complaints, and that you may be prepared for that Purpose, we must refer you to the Representation of the Burgesses of Virginia to his Majesty, a Copy whereof is inclosed, anid also to a Paper containing fiurther Reasons on this Subject. You are desired to get a Copy of the Account of Mr. Dinwiddie's Disposition of the /20.000 granted by his Majesty for the use of thic Colony, passed with the Treasury, and to send the same to this Committee with Copies of the Vouchers by which the same was passed. We must refer you to the Representation above-mentioned on this Poinit, by which you will easily discover our Reasons for this Request. Be pleased to take Notice, that this Representation is not to be presented to his Majesty, as it has already been delivered to Mr. Secretary Pitt, and is only intended to instruct yotu in the several Matters now reconmnmended to you. *As we have not seen a certain Remonstrance drawn up by soine Clergymen of this Colony, supported as it is said by the ILord Bishop of London, & presented to the Board of Trade, against an Act of Assembly passed here, intituled " An Act to enable the Inhabitants of this Colony to discharge their public Dues, Officers Fees, and other Tobacco Debts in Money for the ensuing Year," and are unacquainted with any Reports or Determininations that have been made on that, or any other Act of' Assem)bly complained of in that Remonstrance, we cannot give you our Opinion and Instructions so fully on this Head, as we should otherwise chuse. But we persuade ourselves that by stating to you the Reasons that governed in the passing of that Act, you will be sufficiently enabled to remoive the Imputations of Arbytraryness and Disloyalty, which from comon Rumour we collect, have been aimed at in that Remonstrance, to the great Abuse of the Legislature, and Injury of the Country, if it has been in any manner countenanced, as it will be establishing a Precedent for Mal-Contents of every Kind (with which no doubt all Communities abound) to endeavour to weaken one of the principal Instruments of the Civil Power, by private Misrepreseitations of things. * See note at end of artic
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By the Constitutioii which we have hitherto enjoyed, every Act that receives the Consent of the Governor, Council and Burgesses of the (Colony obtains the Force of a Law aimiongst us, until his Majesty shall thinik proper by Proclamation to declare his Disapprobation. And if there are any Acts enideavoured at that iinterfere wich any general or particular Instructioi to the Governior, sLICh (if by a Change of Circumiistanices whiclh are ever fluctuatinig) they are thought benieficial to the Comnmunity, are always eniacted without any Force or Effect as a Law, until his Majesty's Pleasure shall be known, bv a suspendiing Clause in the Act. Further, if his Majesty shall at any timiie think proper to give his Assent to any subsisting Act of Assembly, stuch Act theni obtainis such a Degree of Firminess in the Constitution, as it caninot be altered by anly subsequent Act witlhout tthe concurring Conisent of all the several Branches that conIstituted it. And these Rules of Proceeding have been sacredly observed by the Legislature of this Colony, thro' a dutiful Regard as well to the Royal Autlhority, as to the Preservation of the Constitution. Tobacco is the Staple, and indeed only Coimmodity in the Coutitry, fromii whenlce any tollerable Profit canl arise. To this 'tis to be presumed it is owing, that nmost of our Taxes and Salaries, &c., of a public Nature were made leviable in Tobacco 'till the present War, in which as the immediate Wantof Money made the Emiiission of a paper Currency unavoidable, the Taxes were necessarily laid in Money. that so nmuch of such emitted Paper should aninually be sunk, by repayinlg it into the Treasury fromli whence it was made issuable. The several fees therefore due to the Clerks of the Courts of Justice, and other Officers in this Colony have been fronm long Conitinuance paid in Tobacco. It nmust be observed, that when the Salaries of the Clergy wer-e first settled at I6,ooo lbs. of Tobacco that Commodity was rated at ios. sterling '# hundred, which made their Provision Eighty Pounds sterling per Annunm. In the Year 1748, when the Laws of the Country were revised, the Act which established the Salaries of the Clergy was re-enacted with such Amiendments in their favour, that remioved all Doubts as to their temporal Rights for Want of Iniductioni and indeed greatly added to the Value
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of their Salaries. For as Tobacco was at that time under a public Inspection, and the price of it raised at Market as the necessary Consequence of burning that which was bad, the Assembly gave the Clergy in that Act a further Levy on their Parishioners of four Pounds in the hundred, to answer the Deductions then thought necessary to be made, between the paying into the Warehouses, and receiving the same out again, which you will find called in the Act Shrinkage, an Article paid by all other Claimers whatsoever from the public, which Act amonigst many others received the Royal Assent, without any particular Application from this Colony. This Act, tho' made so much in Favour of the Clergy it seenms has been by them construed into a disloyal Attack on his Majesty's Prerogative, and the Bishop of London, we are informed, has in a Letter to the Lords of Trade, been pleased to represent it as taking a large Stride that Way, because as he says, the Right of Presentation is by the Act taken from his Majesty, and declared to be in the Vestries, tho' it is certain the Vestries always before the passing of that Act enjoyed that Right, and the Design of the Act plainly appears to be, only to extend the time of Presentation from Six Months, as it is in England, to twelve, and the lengthening the time must appear to be extreemly reasonable, when it is considered that from the Scarcity of Clergymen in this Colony, the Parishes generally remain vacant 'til a Minister can be procured fronm England. The Crop of Tobacco in 1758 was so universally short that Petitions from all Parts of the Country were presented to the Assembly, to desire Relief against the possible Exactions of Creditors both public and private. As this was an Evil justly to be dreaded, the Legislature with every prudent Precaution, made all Debts, Fees, Salaries, &C., payable in Tobacco, at the Option of the Debtor, after the Rate of two pence per pound for transfer Tobacco, provided the same were paid within a certain limitted Time, governed by the most early Expectations of the new Crop. And as the time setiled by Law for the payment of the Clergymen's Salaries was so near at Hand, presuning it consistent with the Principles of commion Justice, that every Individual of the Comnmuniity considered as a Creditor, whose Debts must really have arisen from
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the Expectations of common Crops, ought to Restriction, they made no Exceptioni as to the Act in 1748. This, we are informed, has been represented by the Clergy to the Lords of Trade, as a Deviation from the before mentioned Rule of the Constitution and derogatory to the Royal Authority, tho' we can conceive, that on a fair and thorough Examination of the matter, the contrary will appear, and in the unhappy Circumstances the Country was in at that time, be looked upon rather as an Aid to, than a Deviation from that Act. And we have the greatest Reason to be confirined in that Opinion, as several Acts have heretofore been passed for the same purpose, which have from time to time been regularly transinitted to the Lords of Trade, and by them referred to their Solicitor, which certainly would [not?] have been done, had they appeared to their Lordships in the Light they are now represented. The first of these Acts was passed in the 27th Year of his Majesty's Reign, Chap. 8. intituled "An Act for paying the Minister in the Parish of Frederick in the County of Frederick, and of Augusta in the County of Augusta, and of Hampshire in the County of Hamlipsh' One hundred Pounds annually, instead of the Salaries now allowed" Another passed in the sanme Year Chap. Xo. intit" "An Act for allowing the Inhabitants of the Counties of Halifax, Hampshire and Bedford to discharge their public Dues and Officer's Fees in Money instead of Tobacco." And another passed in the 28th Year of his Majesty's Reign, Chap. I7 (I755) intituled "An Act for enabling the Inhabitants of the Counties of Princess Anne and Norfolk to pay their public Dues in noney." These Acts. tho' apparently passed in Favour of the Ministers of the several Parishes, and at the Prayer of some of thenm, have been lately represented by some of the Clergy to their Lordships. in the same unfavourable Light as the Act in 1748, and the Repeal of themii been obtained by their Solicitations, tho' the Ministers for whose Beniefit they were nmade, will be great Sufferers by such Repeal. Another Act also passed in the 29th year of his Majesty's Reign (I755 Chap. 7) intituled "An Act to enable the Inhabitants of this Colony to discharge their Tobacco Debts in Money
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for this present Year," by which the same Provision was made for paying the public Tobacco Creditors in Money, as in the aforementioned Act in I758 now complained of. The Clergy it seems alledge that the Act in 1758 was made only to serve the Rich, and have couloured over their uncharitable Clamour by saying that the Poor would have been more effectually relieved without the Law, because, that as Clergymen, had they been permitted to receive from the Rich the real Value of their Tobacco, they would have been able to have taken much less than two pence per pounnd from the poor; But as essential as Truth may be to their Order, they have in such an Assertion suffered themselves to forget it. The General Assembly was composed of many public Officers. some Claimers from the public, and many Landlords, whose Fees, Claims and Rents were payable in Tobacco, and many of them of greater Amount than the Salary of a Clergyman. How then can this their Argument be reconciled to Truth? Could not each of these rich Men, as they call them, have demanded of their Debtors in the same exorbitant Proportion, as the Clergy should of them, and had they even consulted their own Interest in the Affair, would not the Ballance,-had there been no regulating Law at all-have been greatly in their favour ? And as all other public Officers, Claimers from the public & Landlords (tho' not of the General Assembly) to say nothing of private Creditors who must generally have contracted their Accounts or Bargains under the Probability of usual Crops) must have had a right to partake in this grand Scheme of Extortion, can it be doubted that the poor alone was the Object of the Legislature's Concern ? But to go a little further with this Argument of theirs: Suppose the Clergy alone on Account of the Royal Assent's being obtained to the Act in 1748, had been exempted, and there was indisputably such a general Piety of Disposition amongst tbem, how could this Charity have been extended ? That Act, at the same time it gives their Salaries, directs the method of levying, collecting, &c., of the same, and to have altered it in one Instance must certainly have been as criminal as in another. In this Case, they could only have contracted with their Collectors at a price for their whole Salaries, and it
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would but in most Cases have removed the Method of Exaction from the Clergy to the Collectors: For it must be observed, that tho' the whole Crop of Tobacco made in the Year 1758, was more than sufficient to pay the Ministers' Salaries and other Parish Creditors, who have the same Right with the Clergy under the Law in I748, yet there were Multitudes who did not make enough to answer that Purpose, and those who did make it, could not be compelled to sell to those who had none, the Consequence of which (if no Provision had been made) must have been, that the Collectors would have made Distress upon the poor unhappy Sufferers, and as their Goods & Effects could not be sold for anything but Tobacco, and as there were so few that had any of that Commodity to purchase with, the Goods and Effects must have been either sold at a very low Rate, or remain in the Hands of the Collectors for want of Purchasers, whereby the Poor would have been great Sufferers, and the Clergy not in the least benefited by it. The whole of this therefore is but a thin Varnish, and leaves too much Room to suspect, from the very nature of murmuring in such Cases, that they themselves rather wanted an Oportunity of feasting as largely as they could on all, both rich and poor. These are the Arguments that may be justly brought to vindicate the Legislature, and confute the Complainants; and as it is impossible but they must have known that things would appear in this Light, when impartially examined into, we cannot but think that the Act complained of, is but the studied Occasion of Contention to effect some other Purpose, still latent. We know not how far the Affair may have been carried, or whether the Matter can again be laid before the Lords of Trade or any other Board for a Rehearing, but we hope at least, you may have an Oportunity of removing any injurious Censure that may have been passed, and put a Stop to all future Representations till the Country can be heard on the several Matters of Complaint; And we doubt not but they will appear to be fully justified in their Proceedings both to their King and Country. As the Country looks upon it as their Duty (since the Act of Assembly complained of by the Clergy hath had its Effect) to support the Execution of it, by protecting the Parishes in the Suits that may be brought against them on the Act in 1748, We
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further direct you to employ proper Persons to defend the Vestries or Collectors against any Proceedings that may be carded to England, in a Suit that is just brouight by one Mr. Camm, the Minister of York-hampton Parish in the County of York, and the Expences attending the same will be remitted to you on the first Notice. We have nothing further to add, but to desire of you if it should not be agreeable to you to engage in this Business as Agent, that you will be so kind as to officiate in Behalf of this Country, 'till we can have Notice of your Refusal to appoint some other Gentleman, and in particular to watch and oppose every Attempt that shall be endeavoured at to repeal this Act for appointing an Agent, as we have Reason to ex.pect some Efforts will be made that Way. You are desired to give the earliest Intelligence of any thing that may come to your Knowledge, relative to, or in any manner affecting the Interest of this Colony, and of all your Proceedings in the Execution of the Trust reposed in you, to this Committee, in order to which it is recommended to you to send your Dispatches by the Packet to New York, from whence they may be safely conveyed hither by the Post, if no better Oportunity should offer; And you are further desired to inclose your Dispatches to the Hon'ble William Nelson, Esq', at York Town in Virginia, by whom they will be communicated to this Committee. Weare Sir, Your nmost humble Servants, Wm. Nelson, Thos. Nelson, Philip Grymes, Richard Bland, Ben. Waller, Ro. C. Nicholas, (TO BE CONTINUED) NOTE. Mr. Camm's suit was caused by the passage of the famous "Two Penny Act," which for a number of years produced so much agitation in Virginia.
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The General Assembly at the September session, 1755, induced by the failure of the tobacco crop, and the needs of the colony, arising from the French and Indian War, passed an act authorizing all debts due in tobacco to be paid either in that commodity, or in money at the rate of eighteen shillings and eight pence per hundred pounds. Though some complainits were made there was no legal opposition to this law. Again, in September, I758, for the same reasons, the law was re-enacted, with a provision that it was to be in force for one year. The act provided that it should be " lawful for any person or persons, from whom any tobacco is due by judgement, for rent, by bond, or upon any contract, or for public, county or parish levies, or for any secretarys', clerks', sheriffs', surveyors' or other officers' fees, or by any other ways or means whatsoever, to pay and satisfy the same in tobacco * * * or in money, at the rate of sixteen shillings and eight pence for every hundred pounds of nett tobacco." (Heninig 7, 240.) As the rate fixedl was two pence per pound, the law became known as " The Two Penny Act." The law was general in its provisions; but resistance and objection came only from the parish ministers. Since as early as I696 the salaries of the clergy had been sixteen thousand pounds of tobacco a year, and this amount had been confirmed in 1748 by an act, which had received the King's assent. Two pence per pound was the normal price of tobacco, but in 1755 and 1758 the crops were very sinall and the price went tul) to six pence. The clergy then demanded that they should have the advantage of the rise in the market. Under the royal instructions no law which had received the King's approbation could be repealed by a colonial assembly unless the repealing law contained a clause suspending its action until the King's pleasure should be known. As such a suspension would have nullified the purpose of the act of 1758, the Virginia Assembly omitted the suspending clause. It was claimed by the clergy that the latter act repealed that of I748, and that the violation of the royal instructions in omitting the suspendinig clause rendered the act of I758 null and void. A heated controversy soon began, the leader on the part of the clergy being Rev. John Camm, minister of York-Hampton
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parish, who was answered by Richard Bland and Landon Carter in behalf of the Assembly. Rev. Andrew Burnaby, an English clergyman, who was in Virginia at the time, while disapproving the conduct of the Assembly, condemned the violence of most of the clergy, and their disrespectful treatment of the Governor, and of their Commissary, Rev. William Robinson, who had urged them to moderate measures. A convention of the clergy was held and Mr. Camm was sent to England as their representative. On August IO, 1759, he obtained an order of the Privy Council declaring the act of 1758 illegal and was told that this order would make the act v'id ab initio. He thereupon returned to Virginia and brought suit in York County Court to recover the full market value of his salary. Losing his case in the County Court he appealed to the General Court, where he met the same fate, the latter court holding that the act of 1758 was in force until the date of the King's veto. The persistent clergyman then appealed to the Privy Council in England, but when his case was heard in 1767, it was dismissed on some technicality. It was a common belief at the time that this was a mere pretext, and that the English government was unwilling, so soon after the repeal of the Stamp Act, to give any Colony further cause for irritation. While Mr. Camm's case was pending various other minister's sued their vestries with small results. The most celebrated of these was the " Parsons' Cause " in Hanover county in December, 1762, when Patrick Henry, as counsel for the defendants, first sprung into public note by the eloquence and boldness with which he stated the rights of the people. The long agitation over the " Two-Penny Act," thus ended practically in the entire defeat of the claims of the clergy. It was of more momentous importance than this, for Mr. Henry (Life of Patrick Henry, I, 46) has well summed up the results when he states that not only did the clergy find that " they had greatly weakened their hold upon the public, and had given a fresh impulse to the spirit of dissent already grown strong in the colony; " but also that " the struggle greatly strained the bond between the King and the colonists, and was the prelude to the combat that snapped that bond asunder." For details of these acts and the connected events, see Henry's
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Life of Patrick Henry, I, 28-48; Campbell's History of Virginia, 507-5I8; Cobb's Rise of Religious Liberty in America, io8-iit; Meade's Old Churches andFamilies of Virginia, I, 2i6-225, and (especially for documents showing the clergy's side of the case) Perry's Papers Relating to the History of the Church in Virginia, 434-448, 458-501, 506-5i9. Rev. John Camm was son of Thomas Cariom, of Hornsea, Yorkshire, England. Born in 17I8, he took his B. A. degree at Trinity College, Cambridge, in 1741-42, and came to Virginia in or before I745, when he was minister of Newport Parish, Isle of Wight county. In 1749 he was appoined professor of divinity in William and Mary College, and was its President from I771 to 1777, when he was removed by the Board of Visitors on account of his sympathy with England. He died in 1779, and has many descendants. For account of John Camm and his family see William and Mary Quarterly, IV, 6I-62, 275-278.
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==See also==
*[[S. Bassett French Biographical Sketch]]
*Other Related Wythepedia Pages

==References==
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