"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, and the easiest mode of raising them, and are equally affected by such taxes themselves, is the distinguishing characteristic of British freedom, and without which the ancient constitution cannot subsist.
"Resolved, That his majesty's liege people of this most ancient colony have uninterruptedly enjoyed the right of being thus governed by their own assembly in the article of their taxes and internal police, and that the same hath never been forfeited, or any other way given up, but hath been constantly recognized by the king and people of Great Britain.
"Resolved, Therefore, that the general assembly of this colony have the sole right and power to lay taxes and impositions upon the inhabitants of this colony, and that every attempt to vest such power in any person or persons whatsoever other than the general assembly aforesaid, has a manifest tendency to destroy British as well as American freedom."[541:A]
Mr. Henry was young, being about twenty-eight years of age, and a new member; but finding the men of weight in the house averse to opposition, and the stamp act about to take effect, and no person likely to step forth, alone, unadvised, and unassisted, he wrote these resolutions on a blank leaf of an old law book, "Coke upon Littleton." Before offering them, he showed them to two members, John Fleming, of Goochland, and George Johnson, of Fairfax. Mr. Johnson seconded the resolutions. Speaker Robinson objected to them as inflammatory. The first three appear to have passed by small majorities, without alteration. The fourth was passed amended, so as to read as follows: "Resolved, That his majesty's liege people of this his most ancient 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 constantly recognized by the king and people of Great Britain."
The last of the five resolutions was carried by a majority of only one vote, being twenty to nineteen, and the debate on it, in the language of Mr. Jefferson, was "most bloody." Speaker Robinson, Peyton Randolph, attorney-general, Richard Bland, Edmund Pendleton, George Wythe, and all the old leaders of the house and proprietors of large estates, made a strenuous resistance. Mr. Jefferson says the resolutions of Henry "were opposed by Robinson and all the cyphers of the aristocracy." John Randolph resisted them with all his might. How Washington voted is not known, the yeas and nays never being recorded on the journal in that age. He considered the stamp act ill-judged and unconstitutional, and was of opinion that it could not be enforced. Mr. Henry was ably supported in a logical argument by Mr. George Johnson, a lawyer of Alexandria.
In the course of this stormy debate many threats were uttered by the party for submission, and much abuse heaped upon Mr. Henry, but he carried the young members with him. Jefferson, then a student of William and Mary, standing at the door of the house, overheard the debate. After Speaker Robinson had declared the result of the vote, Peyton Randolph, as he entered the lobby near Jefferson, exclaimed with an oath, "I would have given five hundred guineas for a single vote!" One more vote would have defeated the last resolution.[542:A]
Scarce a vestige of this speech of Henry survives. Mr. Jefferson declared that he never heard such eloquence from any other man. While Mr. Henry was inveighing against the stamp act, he exclaimed: "Tarquin and Cæsar had each his Brutus, Charles the First his Cromwell, and George the Third"—("Treason!" cried the speaker; "Treason! Treason!" resounded from every part of the house. Henry, rising to a loftier attitude, with unfaltering voice, and unwavering eye fixed on the speaker, finished the sentence,)—"may profit by the example. If this be treason, make the most of it." Henry was now the leading man in Virginia, and his resolutions gave the impulse to the other colonies, and the spirit of resistance spread rapidly through them, gathering strength as it proceeded. On the afternoon of the same day Mr. Henry left Williamsburg, passing along Duke of Gloucester Street, on his way to his home in Louisa, wearing buckskin breeches, his saddle-bags on his arm, leading a lean horse, and chatting with Paul Carrington, who walked by his side.
Young Jefferson happened on the following morning to be in the hall of the burgesses before the meeting of the house, and he observed Colonel Peter Randolph, one of the council, sitting at the clerk's table examining the journals, to find a precedent for expunging a vote of the house. Part of the burgesses having gone home, and some of the more timid of those who had voted for the strongest resolution having become alarmed, as soon as the house met, a motion was made and carried to expunge the last resolution from the journals. The manuscript journal of that day disappeared shortly after and has never been found.[543:A] The four remaining on the journal and the two additional ones offered in committee, but not reported, were published in the Gazette. On the first of June the governor dissolved the assembly.
At the instance of Massachusetts, guided by the advice of James Otis, a congress met in October, 1765, at New York. The assemblies of Virginia, North Carolina, and Georgia were prevented by their governors from sending deputies. The congress made a declaration denying the right of parliament to tax the colonies, and concurred in petitions to the king and the commons and a memorial to the lords. Virginia and the other two colonies not represented forwarded petitions accordant with those adopted by the congress. The committee appointed by the Virginia assembly to draught the petitions consisted of Peyton Randolph, Richard Henry Lee, Landon Carter, George Wythe, Edmund Pendleton, Benjamin Harrison, Richard Bland, Archibald Cary, and Mr. Fleming. The address to the king was written by Peyton Randolph, the address to the commons by George Wythe, and the memorial to the lords was attributed to Richard Bland.
Opposition to the stamp act now blazed forth everywhere; and it was disregarded and defied. In the last week of October, George Mercer, distributor of stamps for Virginia, landed at Hampton, and was rudely treated by the mob, who, by the interposition of some influential gentlemen, were prevailed on to disperse without offering him any personal injury. At Williamsburg, as he was walking toward the capitol, on his way to the governor's palace, he was required by several gentlemen from different counties, the general court being in session, to say whether he intended to enter on the duties of the office. At his request he was allowed to wait on the governor before replying, and he was accompanied to the coffee-house where the governor, most of the council, and many gentlemen were assembled. The crowd increasing and growing impatient in their demands, Mr. Mercer came forward and promised to give a categorical answer at five o'clock the next evening. At that time he met a large concourse of people, including the principal merchants of the colony. He then engaged not to undertake the execution of the stamp act until he received further orders from England, nor then, without the assent of the assembly of Virginia. He was immediately borne out of the capitol gate, amid loud acclamations, and carried to the coffee-house, where an elegant entertainment was prepared for him, and was welcomed there by renewed acclamations, drums beating, and French-horns and other musical instruments sounding. At night the bells were set a-ringing, and the town was illuminated. Mr. Mercer was, in 1769, appointed lieutenant-governor of North Carolina.[544:A]
