Give Me Liberty: The Struggle for Self-Government in Virginia — John Shaqi
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
Although the Governor was directed by his instructions to secure the
advice of the Council before making appointments, he claimed that he did
not have to accept it, and he often ignored it. Nicholson was bitterly
assailed for appointing sheriffs "without the advice of the Council,"
and for putting in and turning out "colonels, lieutenant colonels,
majors, captains, and other officers of the militia."
On the other hand, as the decades passed it became more and more the
custom for the Governor to accept the recommendations of the Councillors
in making appointments, until it assumed almost the character of an
unwritten law that he must do so. In fact it was a colonial precedent
for Senatorial courtesy in the government of the United States.[10]
The Governor had the right to summon, to prorogue, and to dissolve the
Assembly. But he was usually instructed to hold an Assembly at least
once a year. On the arrival of a new Governor, or the accession of a
King or Queen, the Assembly was automatically dissolved. The power of
prorogation made it possible for a Governor, when he had a House of
Burgesses to his liking, to continue them indefinitely. That Sir William
Berkeley refused for at least fourteen years to hold a general election
prior to Bacon's Rebellion was bitterly resented by the people.
The Governor's veto over legislation, though absolute, was not
frequently used. If he objected to a bill which came up from the House,
he could, except on rare occasions, influence the Council to kill it. If
the Council insisted on passing it, he might affix his signature but
advise the King to disallow it.
The handing out of fat jobs gave the Governor a strangle hold on the
courts, if we may believe the testimony of Philip Ludwell and Stephen
Fouace. "The influence of a Governor will be great both on judges and
witnesses, particularly by the multitude of places and other favors he
has to promise in case they favor him in the trial.... There is little
possibility of having a fair examination."[11] Robert Beverley testified
to the bribing of a grand jury by Governor Nicholson. "The foreman was
favored with a naval officer's place, ... others had sheriff's places,
etc."[12]
Nicholson was accused, also, of bullying witnesses, lawyers, and juries.
"I have heard him at trials, when judges have asked a question or argued
or voted contrary to his humor, snap them up and revile them in a very
contemptible manner," reported Robert Beverley. In the case of Swan
versus Wilson "he did so grosely abuse Mr. Benjamin Harrison, who was
counsel for Swan, that everybody cried out shame on it." Finally, James
Blair, who was a member of the court, could stand it no longer. So,
taking off his hat, he rose and said:
"If Mr. Harrison has done any ill thing ... I hope your Excellency
will find another time to call him to an account for it.... I am
sorry to see so much of the court's time taken up ... by reason of
your Excellency's prejudice against him."
Public-domain text, read in full here on John Shaqi.
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