“And whereas the present imminent danger of America, and the ruin and misery which threatens the good people of this Commonwealth, and their posterity, calls for the utmost exertion of our strength, and it is become necessary for the preservation of the State that the usual forms of government be suspended during a limited time, for the more speedy execution of the most vigorous and effectual measures to repel the invasion of the enemy;
“Resolved, therefore, That the governor be, and he is hereby fully authorized and empowered, by and with the advice and consent of the privy council, from henceforward, until ten days next after the first meeting of the General Assembly, to carry into execution such requisitions as may be made to this Commonwealth by the American Congress for the purpose of encountering or repelling the enemy; to order the three battalions on the pay of this Commonwealth to march, if necessary, to join the Continental army, or to the assistance of any of our sister States; to call forth any and such greater military force as they shall judge requisite, either by embodying and arraying companies or regiments of volunteers, or by raising additional battalions, appointing and commissioning the proper officers, and to direct their operations within this Commonwealth, under the command of the Continental generals or other officers according to their respective ranks, or order them to march to join and act in concert with the Continental army, or the [Pg 232] troops of any of the American States; and to provide for their pay, supply of provisions, arms, and other necessaries, at the charge of this Commonwealth, by drawing on the treasurer for the money which may be necessary from time to time; and the said treasurer is authorized to pay such warrants out of any public money which may be in his hands, and the General Assembly will, at their next session, make ample provision for any deficiency which may happen. But that this departure from the constitution of government, being in this instance founded only on the most evident and urgent necessity, ought not hereafter to be drawn into precedent.”
These resolutions, having been pressed rapidly through the forms of the House, were at once carried up to the Senate for its concurrence. The answer of the Senate was promptly returned, agreeing to all the resolutions of the lower House, but proposing an important amendment in the phraseology of the particular resolution which we have just quoted. Instead of this clause—“the usual forms of government should be suspended,” it suggested the far more accurate and far more prudent expression which here follows,—“additional powers be given to the governor and council.” This amendment was assented to by the House; and almost immediately thereafter it adjourned until the last Thursday in March, 1777, “then to meet in the city of Williamsburg, or at such other place as the governor and council, for good reasons, may appoint.”[276]
[Pg 233] Such, undoubtedly, was the occasion on which, if at any time during that session, the project for a dictatorship in Virginia was under consideration by the House of Delegates. The only evidence for the reality of such a project is derived from the testimony of Jefferson; and Jefferson, though a member of the House, was not then in attendance, having procured, on the 29th of the previous month, permission to be absent during the remainder of the session.[277] Is it not probable that the whole terrible plot, as it afterward lay in the mind of Jefferson, may have originated in reports which reached him elsewhere, to the effect that, in the excitement of the House over the public danger and over the need of energetic measures against that danger, some members had demanded that the governor should be invested with what they perhaps called dictatorial power, meaning thereby no more than extraordinary power; and that all the criminal accretions to that meaning, which Jefferson attributed to the project, were simply the work of his own imagination, always sensitive and quick to take alarm on behalf of human liberty, and, on such a subject as this, easily set on fire by examples of awful political crime which would occur to him from Roman history? This suggestion, moreover, is not out of harmony with one which has been made by a thorough and most candid student of the subject, who says: “I am very much inclined to think that some sneering [Pg 234] remark of Colonel Cary, on that occasion, has given rise to the whole story about a proposed dictator at that time.”[278]
At any rate, this must not be forgotten: if the project of a dictatorship, in the execrable sense affirmed by Jefferson, was, during that session, advocated by any man or by any cabal in the Assembly, history must absolve Patrick Henry of all knowledge of it, and of all responsibility for it. Not only has no tittle of evidence been produced, involving his connivance at such a scheme, but the Assembly itself, a few months later, unwittingly furnished to posterity the most conclusive proof that no man in that body could have believed him to be smirched with even the suggestion of so horrid a crime. Had Patrick Henry been suspected, during the autumn and early winter of 1776, of any participation in the foul plot to create a despotism in Virginia, is it to be conceived that, at its very next session, in the spring of 1777, that Assembly, composed of nearly the same members as before, would have reëlected to the governorship so profligate and dangerous a man, and that too without any visible opposition in either House? Yet that is precisely what the Virginia Assembly did in May, 1777. Moreover, one year later, this same Assembly reëlected this same profligate and dangerous politician for his third and last permissible year in the governorship, and it did so with the same unbroken unanimity. Moreover, during [Pg 235] all that time, Thomas Jefferson was a member, and a most conspicuous and influential member, of the Virginia Assembly. If, indeed, he then believed that his old friend, Patrick Henry, had stood ready in 1776, to commit “treason against the people” of America, and “treason against mankind in general,” why did he permit the traitor to be twice reëlected to the chief magistracy, without the record of even one brave effort against him on either occasion?
On the 26th of December, 1776, in accordance with the special authority thus conferred upon him by the General Assembly, Governor Henry issued a vigorous proclamation, declaring that the “critical situation of American affairs” called for “the utmost exertion of every sister State to put a speedy end to the cruel ravages of a haughty and inveterate enemy, and secure our invaluable rights,” and “earnestly exhorting and requiring” all the good people of Virginia to assist in the formation of volunteer companies for such service as might be required.[279] The date of that proclamation was also the date of Washington’s famous matutinal surprise of the Hessians at Trenton,—a bit of much-needed good luck, which was followed by his fortunate engagement with the enemy near Princeton, on the 3d of January, 1777. On these and a very few other extremely small crumbs of comfort, the struggling revolutionists had to nourish their burdened hearts for many a month thereafter;[Pg 236] Washington himself, during all that time, with his little army of tattered and barefoot warriors, majestically predominating over the scene from the heights of Morristown; while the good-humored British commander, Sir William Howe, considerately abstained from any serious military disturbance until the middle of the following summer. Thus the chief duty of the governor of Virginia, during the winter and spring of 1777, as it had been in the previous autumn, was that of trying to keep in the field Virginia’s quota of troops, and of trying to furnish Virginia’s share of military supplies,—no easy task, it should seem, in those times of poverty, confusion, and patriotic languor. The official correspondence of the governor indicates the unslumbering anxiety, the energy, the fertility of device with which, in spite of defective health, he devoted himself to these hard tasks.[280]
In his great desire for exact information as to the real situation at headquarters, Governor Henry had sent to Washington a secret messenger by the name of Walker, who was to make his observations at Morristown and to report the results to himself. Washington at once perceived the embarrassments to which such a plan might lead; and accordingly, on the 24th of February, 1777,[Pg 237] he wrote to the governor, gently explaining why he could not receive Mr. Walker as a mere visiting observer:—
“To avoid the precedent, therefore, and from your character of Mr. Walker, and the high opinion I myself entertain of his abilities, honor, and prudence, I have taken him into my family as an extra aide-de-camp, and shall be happy if, in this character, he can answer your expectations. I sincerely thank you, sir, for your kind congratulations on the late success of the Continental arms (would to God it may continue), and for your polite mention of me. Let me earnestly entreat that the troops raised in Virginia for this army be forwarded on by companies, or otherwise, without delay, and as well equipped as possible for the field, or we shall be in no condition to open the campaign.”[281]
On the 29th of the following month, the governor wrote to Washington of the overwhelming difficulty attending all his efforts to comply with the request mentioned in the letter just cited:—
“I am very sorry to inform you that the recruiting business of late goes on so badly, that there remains but little prospect of filling the six new battalions from this State, voted by the Assembly. The Board of Council see this with great concern, and, after much reflection on the subject, are of opinion that the deficiency in our regulars can no way be supplied so properly as by enlisting volunteers. There is reason to believe a considerable number of these may be got to serve six or eight months.… I believe you can receive no assistance by [Pg 238] drafts from the militia. From the battalions of the Commonwealth none can be drawn as yet, because they are not half full.… Virginia will find some apology with you for this deficiency in her quota of regulars, when the difficulties lately thrown in our way are considered. The Georgians and Carolinians have enlisted [in Virginia] probably two battalions at least. A regiment of artillery is in great forwardness. Besides these, Colonels Baylor and Grayson are collecting regiments; and three others are forming for this State. Add to all this our Indian wars and marine service, almost total want of necessaries, the false accounts of deserters,—many of whom lurk here,—the terrors of the smallpox and the many deaths occasioned by it, and the deficient enlistments are accounted for in the best manner I can. As no time can be spared, I wish to be honored with your answer as soon as possible, in order to promote the volunteer scheme, if it meets your approbation. I should be glad of any improvements on it that may occur to you. I believe about four of the six battalions may be enlisted, but have seen no regular [return] of their state. Their scattered situation, and being many of them in broken quotas, is a reason for their slow movement. I have issued repeated orders for their march long since.”[282]