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
No doubt there had been confusion in the accounts, and no doubt
Spotswood's insistence on having account books would have done much to
bring them into order. It is possible, also, that there had been much
remissness in paying taxes and some fraud. The Governor wrote the Lords
of Trade: "Notwithstanding all the contrivances of the family to justify
the late officers of the revenue, here is now demonstration, not only of
darkness and confusion in the manner of collecting the quit rents, but
likewise of frauds and errors in accounting for the King's revenue."[25]
Realizing that he had brought down on himself the hostility of the
Councillors, Spotswood now tried to undermine their power by setting up
courts of oyer and terminer to which he appointed persons other than
themselves. The General Court, on which all members of the Council and
none else sat, had long been the court of last appeal in the colony. The
Councillors prized their seats in this court not less than their seats
in the Upper House of Assembly or around the Council table. Spotswood
claimed that their power over the lives and property of the people made
all regard them with awe, and "kept the country in subjection to their
party."[26] "They know that they have now lodged wholly in their hands
that power that Absalom wanted for effectually securing the people in
his interest, when he longed to be the judge of every man's cause."[27]
It was to be expected, then, that they should insist that none but
themselves should sit on the new court of oyer and terminer. In May,
1717, eight of them met in secret and drew up a letter to the Lords of
Trade defending their position. The charter of 1676 expressly stated
that the Governor and Council had authority to try "all treasons,
murders, felonies." The laws of Virginia made the Governor and Council
the supreme court. They could not believe that a Governor could "break
through laws and charters and alter all the ancient usage and tradition
of the government."[28]
Spotswood also appealed to the Lords of Trade. And he was overjoyed when
this body wrote him that they could not see what reason the Council had
to insist upon being the sole judges of the new court since his
commission empowered him to "appoint judges."[29] They were backed by
Attorney General Edward Northy in his opinion of December 24, 1717.
Northy advised, however, that Governors be instructed not to hold courts
of oyer and terminer except in cases of "extraordinary emergency."[30]
Public-domain text, read in full here on John Shaqi.
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