Outwardly the government of Virginia changed little during the century and a half from the fall of the London Company to the Declaration of Independence. Actually throughout the colonial period vital developments were taking place. Both the Council and the House of Burgesses were tireless in whittling away at the King's prerogative; the Council gradually took out of the Governor's hands the right of naming local officials; the control of the purse by the Burgesses was used to such good effect that by the middle of the eighteenth century their influence was greater than that of either Governor or Council.
We gain glimpses of the changes which were taking place, not by changes in the laws, but by seemingly unimportant incidents, and by the spirit of the times. What would Charles II have thought had Sir William Berkeley written him, boasting of his influence with the Speaker of the House of Burgesses? Yet that is just what Governor Fauquier did in 1758.
It was the determined, unflagging, bitter battle for self-government which brought victory to the people. We see them putting Governor John Harvey aboard a vessel and sending him back to England, when he tried to play the despot; we see them rising in wild rebellion against the misgovernment of Sir William Berkeley; we see them defending their liberty against the assaults of Charles II and James II.
The English government was warned repeatedly of what was going on. "I may truly say that now or never is the only time to maintain the Queen's just prerogative and put a stop to these wrong, pernicious notions which are improving daily, not only in Virginia, but in all her Majesty's other governments," wrote Colonel Robert Quary, in 1705. "A frown now from her Majesty will do more than perhaps an army hereafter."[41] In another report he said that the Assembly "conclude themselves entitled to all the rights and privileges of an English Parliament." Nicholson said that the Virginians wished to set up a commonwealth.
But Nicholson was wrong. The Virginians of his day, and their sons and grandsons after them were loyal to the British Kings, wished to remain in the British Empire. But they were determined to govern themselves in all except imperial matters. What they wanted was liberty, not independence. And liberty they attained decades before the Stamp Act, decades before Patrick Henry said: "Give me liberty or give me death."
FOOTNOTES:
[1] W. W. Hening, Statutes at large 2: 531-533.
[2] CO5-1359, p. 344.
[3] CO5-1359, p. 255.
[4] CO5-1314, Doc. 15G.