Virginia under the Stuarts 1607-1688

by Thomas Jefferson Wertenbaker

Thus early in the history of the colony was enunciated the principle that taxation without representation is unjust and illegal. The men of Northampton do not speak of the doctrine as something new, but as a thing understood and recognized. Certain it is that the people of Virginia, in all periods of their colonial history, realized the vast importance of confining the power of taxation to their own Assembly.

But the leaders of the new government did not receive the petition with favor. They were willing to give Northampton her due quota of Burgesses, but they were angered at the suggestion of separation. Moreover, the disorders on the Eastern Shore became more pronounced and the justices were compelled to seek aid from the Council in protecting the Dutch. In June, 1653, the turbulent people met and, amid scenes of disorder, denounced the action of the authorities. When a voice from the crowd cried out that the justices were a "company of asses and villyanes", the people roared out their approval. The Assembly, at its meeting in June, 1653, was forced to take active steps to suppress the agitation and to restore order upon the peninsula. Mr. Bennett with several members of the Assembly, was sent to Northampton, "for the settlement of the peace of that countie, and punishinge delinquents". In this he seems to have been entirely successful, for we hear no more of disorders upon the Eastern Shore during this period.[361]

When the commissioners and the Burgesses, in 1652, established anew the gubernatorial office, they were somewhat vague in defining the duties belonging to it. They first declared that Mr. Bennett was to exercise "all the just powers and authorities that may belong to that place lawfully".[362] But that it was not their intention to give the new officer the prerogatives enjoyed by the royal Governor is shown by their further statement that he was to have such power only as should be granted him from time to time by the Assembly.[363] This lack of clearness led, quite naturally, to several clashes between the legislative and executive branches of the government.

At the session of Assembly of July, 1653, the Burgesses showed that they would brook no interference from the Governor with their affairs. On the eve of the election of the Speaker, they received a message from Mr. Bennett and the Council advising them not to choose a certain Lieutenant-Colonel Chiles. Although it was clearly shown that this gentleman could not serve with propriety, the Burgesses gave him the election, merely, it would seem, as a rebuke to the presumption of the Governor.[364]

Edward Digges, who succeeded Mr. Bennett, seems to have had no clash with the Assembly, but during the next administration, when Samuel Matthews was Governor, the executive made a determined effort to break the power of the Burgesses. At the session of 1658, the Governor and the Council sent a message to the Assembly declaring that body dissolved.[365] This move startled the Burgesses. The royal Governors had always possessed the right of dissolving the House, but no such authority had been delegated to the new executive. Moreover, it was inconsistent with the theory, upon which everyone had acted since the surrender in 1652, that all power resided in the representatives of the people. "The said disolution," replied the House, "as the case standeth is not presidentall neither legall according to the lawes, now in force, Therefore wee humbly desire a revocation of the said declaration."[366]

Although the Burgesses replied thus courteously they were deeply angered. Rightly judging this to be a challenge to their power, they resolved to show once more that they were supreme in the government. They voted, therefore, to ignore the dissolution. And it was ordered that if any member left his seat he was to be censured "as a person betraying the trust reposed in him by his country".[367] An oath of secrecy was administered to all present, while the Speaker was directed to "sign nothing without the consent of the major part of the house".

Staggered by the determined attitude of the Burgesses, the Governor and Council at once showed signs of weakening. They were willing, they said, to allow the Assembly to continue its deliberations, provided the work were brought to a speedy conclusion. The "dispute of the power of disolving and the legality thereof" they wished to refer to the Lord Protector. But the House resolved unanimously that this answer was unsatisfactory. The withdrawal of the dissolution was not enough, the Governor and Council must acknowledge that their act was illegal and therefore had never taken effect. "The House, unsatisfied with these answers, appointed a committee to draw up a report for the manifestation and vindication of the Assembly's power which after presentation to the House to be sent to the Governour and Councell."[368] This committee recommended the immediate dismissal of the Council, and proposed resolutions declaring the "power of government to reside in such persons as shall be impowered by the Burgesses (the representatives of the people) who are not dissolvable by any power now extant in Virginia, but the House of Burgesses". Upon receiving this report the House proceeded to annul "all former election of Governour and Councill". Since the executive had presumed to abuse its authority by defying the body that had appointed it to office, it must be removed to evince to all the supremacy of the House. The Burgesses seem not to have laid the blame for this crisis upon the Governor, but upon some of the Councillors, who were endeavoring to make their own power supreme in the government. Colonel Matthews was, therefore, reëlected, and invested with "all just rights and privileges belonging to the Governour and Captain Generall of Virginia".[369]

Fearing that the Council might offer resistance to their decrees, the Burgesses commanded the serjeant-at-arms of the Assembly and the sheriffs of James City county not to execute any warrant, precept or command from any other person than the Speaker of the House. The Secretary of State, Colonel William Claiborne, was directed to deliver up the public records. But the Governor and Council seem not to have thought of resistance, and submitted to the recall and to a new election by the Assembly. Although they had just resolved that "for the future none bee admitted a councellor but such who shall be nominated, appointed and confirmed by the house", the Burgesses now allowed the Governor to propose to them a list of names for the new Council. It would seem that Nathaniel Bacon and Francis Willis were regarded as the instigators of the dissolution, for they were the only members of the Council which had signed the offensive order who were not now reëlected.[370]

When the Assembly met again, in March, 1659, it found that its supremacy was once more threatened. A letter had been received from Henry Lawrence, President of the Council of State in the home government, which seemed to imply that the Governor and his Council and not the Burgesses, were to hold the chief power in Virginia. Lawrence declared that the "looseness" of affairs in the colony had induced Cromwell to take active steps for the settlement of its constitution, but that these measures had been brought to a sudden halt by the Lord Protector's death. The matter was, however, still before the Council of State, and the colony might soon expect some definite orders from its deliberations. In the meanwhile, he wrote, "their Lordships do will and require you the present Governour and Councill there to apply yourselves ... to the peaceable and orderly management of the affairs of that collony, according to such good lawes and customes as have been heretofore used and exercised among you".[371]

The Burgesses were deeply agitated by this letter. They at once passed resolutions promising to obey the commands of the Council of State, but they determined to write the new Lord Protector, Richard Cromwell, asking that the privileges of the Burgesses be confirmed. In this crisis the Governor gave striking evidence of his liberal inclinations by coming before the House to promise them his support. "He acknowledged the supream power of electing officers to be by the present lawes resident in the Grand Assembly", and offered to "joyne his best assistance with the countrey in makeing an addresse to his Highnesse for confirmation of their present priviledges".[372]