Give Me Liberty: The Struggle for Self-Government in VirginiaWertenbaker, Thomas Jefferson
History
Give Me Liberty: The Struggle for Self-Government in Virginia
Wertenbaker, Thomas Jefferson
Virginia -- Politics and government -- To 1775
When Richard Littlepage and Thomas Butts, two of the justices of New
Kent, refused to certify the grievances of that county, they were
arrested under the Speaker's warrant. Though the House voted them guilty
of high misdemeanor and contempt, they refused to appear, claiming that
the Burgesses had no legal authority over them. Thereupon the House
appealed to the Governor to arrest them. "The freedom and privileges of
this House are in danger of being utterly subverted," they said, "when
justices ... assume a jurisdiction and by their judgment debar the
people and their rightful representatives of the rightful ways ... for
redressing their grievances ... we believe that such matters do concern
the Burgesses in Assembly."[12] But Spotswood rebuffed them. They were
exceeding their authority, he told them, when they persecuted justices
and tried to punish them for their proceedings on the bench.
In his anger at not being able to control the Burgesses, Spotswood tried
to make the House less democratic by restricting the right to vote. But
not daring to reveal his intention, he approached the question in a
roundabout way. In September, 1715, he sent out a printed letter to all
of the county courts, questioning whether the justices should levy a tax
to pay the Burgesses' salaries when no law existed empowering them to do
so.[13] To the Lords of Trade he explained that if the justices declined
to pay the levy, "the Burgesses must have become suitors for an act
wherein might properly have been described the qualifications of the
electors and elected."[14] In other words, he was prepared to veto any
bill to legalize the collecting of salaries that did not disfranchise
the small landholder and restrict the right to sit in the House to the
well-to-do. So he kept mum on the fact that the salaries could be
assessed by the sheriffs on a writ, as was the practice in England.
But in this matter he was balked by the members of the Council. Carter,
Blair, Ludwell, and the others no doubt guessed what Spotswood was
aiming at, and they were unwilling to have him undermine the very
foundations of liberty in Virginia. So in the General Court they passed
"an unpreceded sentence" to levy the Burgesses' salary on the private
estates of the justices if they refused "to levy it on their
counties."[15]
Public-domain text, read in full here on John Shaqi.
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