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
The Council and Burgesses protested in an address to the King. They were
alarmed that this case had been decided without a legal trial by jury,
they said. It had never been the practice to charge "interest upon
interest" in "open running accounts." They thought it wrong that "the
reports of merchants" who were not under oath and were inclined to favor
one another, should be permitted to overrule the verdict of legal
juries. If the planters were to be loaded with whatever charges their
factors thought fit, it would greatly discourage trade and industry.[30]
But they were unprepared for the extreme lengths to which the merchants
would go. At a meeting of the Council in October, 1731, they could
hardly credit their ears when Gooch read them a letter stating that they
were about to present a petition to Parliament concerning the colonies.
They wanted first a law prohibiting the Assemblies from passing any
acts affecting trade and navigation, second, a law making real estate
liable for debts, and third, a law permitting appeals from the Virginia
General Court to the Privy Council in suits involving L100 or more.[31]
Gooch wrote at once to the Board denouncing this attempt to muzzle the
Assembly. "When I considered, my Lords, how long and happily the British
subjects have traded to America and acquired great riches under the
ancient establishment made in these points by the Crown, set forth in
the royal charters and instructions, without seeking to abridge the
people of the plantations of their birthright as Englishmen, or limiting
the Crown in the methods of government, I must confess I was somewhat
startled."[32]
The Council also protested vigorously. It was impossible for the
Assembly to avoid all legislation affecting trade, they said in a letter
to the Board, since it might prohibit certain vitally necessary laws. If
the merchants objected to any act of Assembly, they could lay the matter
before the King. As for making the land of the planters liable for
debts, it was pointed out that there was no law making the lands of the
merchants liable to the demands of the colonists. Yet the factors were
as often in the planters' debt as the planters in theirs. It would
create uneasiness in the minds of a loyal people to find they had not
equal justice. And to allow appeals to the King in cases involving as
little as L100 would be a heavy burden; for the expense of the planter,
who would have to make a voyage to England to defend his rights, would
be as great as the sum involved.[33]
Public-domain text, read in full here on John Shaqi.
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