CHAPTER XCII.
1777.
Commodore Hotham—Proceedings of Assembly—Charges against Richard Henry Lee—He demands an Enquiry—His Defence and Honorable Acquittal.
In January, 1777, when Commodore Hotham was cruising in the Chesapeake, the prisoners that fell into his hands were humanely treated and readily exchanged. In February, the Phœnix man-of-war came to Yorktown with a flag, and sent ashore a party of prisoners, among whom was Colonel Lawson, who had been long in captivity, and who was exchanged for Colonel Alexander Gordon, of Norfolk, a Scotch tory, who had been arrested in 1775 and released on parole. Captain Lilly, in the brig Liberty, captured off the coast of Virginia the British ship Jane with a valuable cargo. Captain Pasture, in the Molly, a small craft, returned from the southward with a supply of gunpowder. The schooner Henry was captured by the British man-of-war Seaford.
When the assembly again met in May, 1777, George Wythe was made speaker of the house of delegates; the oath of allegiance was prescribed; a loan-office was established, and acts passed to support the credit of the Continental and State paper currency. Benjamin Harrison, George Mason, Joseph Jones, Francis Lightfoot Lee, and John Harrison were elected delegates to congress, Richard Henry Lee having been left out. There were no little dissension and animosity in congress between the delegates of the movement party and the moderates; and, added to this, it was believed that an old grudge, harbored in Virginia against Mr. Lee for the prominent part he had taken many years before in disuniting the offices of speaker and treasurer, followed him to Philadelphia. The charges alleged against him by his enemies in Virginia were, first, that he had altered the mode in which his tenants should pay their rent from money to produce, with the design of depreciating the currency of the country; and secondly, that he had favored New England to the injury of Virginia; thirdly, that as a member of the secret committee in congress, he had opposed laying their proceedings before congress—it being thereby intended to insinuate that in so doing he had wished to conceal the embezzlement of the public money.
A letter from Richard Henry Lee to Mr. Jefferson, dated at Philadelphia, November 3d, 1776, contains the following paragraph: "I have been informed that very malignant and very scandalous hints and inuendoes concerning me have been uttered in the house. From the justice of the house I should expect they would not suffer the character of an absent person to be reviled by any slanderous tongue whatever. When I am present I shall be perfectly satisfied with the justice I am able to do myself. From your candor, sir, and knowledge of my political movements, I hope such misstatings as may happen in your presence will be rectified." Early in June, 1777, as well on account of his health as for the purpose of rebutting the charges circulated against him, Mr. Lee returned home; and having been elected to the assembly from Westmoreland, he repaired to Richmond and demanded an enquiry into his conduct.
Mann Page, Jr., and Francis Lightfoot Lee, owing to the proceedings of the house of delegates against Richard Henry Lee, condemning him in his absence without opportunity of defence, addressed a letter from Philadelphia, dated June tenth, to the speaker, tendering the resignations of their seats in congress.
The demand made by Richard Henry Lee for an enquiry into his conduct was acceded to, and the senate on the occasion united with the house of delegates. Several persons were examined, and Mr. Lee was heard in his own defence. It appeared that he had first proposed to make the alteration in the payment of his rents from money to tobacco at a fixed valuation, as early as August, 1775, when the tenants on account of the association could not sell their produce, and when but little paper currency had as yet been issued for the war of Revolution, and, consequently the alteration could not have been proposed for the purpose of depreciating a currency which did not then, to any sensible extent, exist. When in March, 1776, the alteration in the rents was actually made, very little paper money had yet been issued. And it appeared that in August of that year the tenants of Loudoun County themselves petitioned the convention to have their money-rents changed to produce. The truth was, as Mr. Lee declared, certain evil-disposed men hated him for the same reasons on account of which he was devoted to destruction in the British camp, which were, because he had faithfully served his country, and, in concert with other generous friends to human liberty and the rights of America, had contributed to the defeat of the enemy and to the raising of America triumphant over its cruel and vindictive foes.
As to the second charge, that Mr. Lee opposed the laying the proceedings of the secret committee of congress before that body, for the purpose of concealing embezzlement of the public money, it was well known that he had no sort of connection whatever with any commercial business, and, therefore, could not propose to himself any advantage from any such source. But it was very probable that those who themselves entertained designs of peculating upon the public funds, would be glad to get Mr. Lee out of their way. To lay the proceedings of a secret committee before congress would be to defeat its very object and contradict its name. The third charge was that he favored New England at the expense of Virginia and the South. It was known that America could be conquered only by disunion. Mr. Lee called on his accusers to show that he ever had in a single instance preferred the interest of New England to that of Virginia. Indeed, he knew not in what respects their interests conflicted. New England and Virginia had both exhibited a fixed determination against British tyranny, and their guilt was alike in the eyes of the common enemy. The majority of the other colonies had entitled themselves to some hopes of pardon from the tyrant by vacillating conduct. Among the Middle and Southern States there was, in Mr. Lee's opinion, much enmity to Virginia, owing to jealousy of her wisdom, vigor, and extent of territory; but he had ever discovered, "upon every question, respect and love for Virginia among the Eastern delegates." It was his consolation, that "the malignants, who would represent him as an enemy to his country, could not make him so." He gave his enemies credit for more address than he had supposed they possessed, in making use of a good principle—rotation in office—for his ruin; and he believed that the act, limiting the term of service to three years, was framed expressly to fit his case; and thus a malicious slander, uttered in his absence, appeared likely to be successful.[684:A] Mr. Lee had been superseded early in the session while absent—a flagrant injustice against which no reputation could be safe. John Banister, although not very fond of Mr. Lee, said of his speech on this occasion: "Certainly no defence was ever made with more graceful eloquence, more manly firmness, equalness of temper, serenity, calmness, and judgment, than this very accomplished speaker displayed on this occasion; and I am now of opinion he will be re-elected to his former station instead of Mr. George Mason, who has resigned."[684:B] Mr. Lee is said to have shed tears while speaking on this occasion. The enquiry being ended, the senate withdrew, and in compliance with a resolution of the house, the speaker returned Mr. Lee their thanks for the faithful services which he had rendered his country while in congress. The speaker added his own testimony, and said: "Serving with you in congress, and attentively observing your conduct there, I thought that you manifested in the American cause a zeal truly patriotic; and as far as I could judge, exerted the abilities for which you are confessedly distinguished, to prosecute the good and prosperity of your own country in particular, and of the United States in general." Thus Mr. Lee's vindication of himself was triumphant.
"Virtue may be assailed, but never hurt;
Surprised by unjust force, but not inthralled;
Yea, even that which mischief meant most harm,
Shall in the happy trial prove most glory."
FOOTNOTES:
[684:A] Letter of Richard Henry Lee to Patrick Henry—among the Lee MSS. I am indebted to N. F. Cabell, Esq., for the use of his transcripts of these interesting MSS., which are deposited in the library of the University of Virginia.
[684:B] Life of Richard Henry Lee, 192; Bland Papers, i. 58.
