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 Culpeper did this so that he could preside at their legislative
sessions as he did when they sat as a Privy Council or as a court. In
this way he could keep an eye on them, could argue with them, and bring
pressure on them to vote as he wished. It also created a buffer between
him and the Burgesses, behind which he could take refuge against popular
criticism. The position of the Councillors was not an easy one since as
appointees of the King they were supposed to defend the royal authority,
and as natives of Virginia they wished to defend her interests. Often
they found a way out of this difficulty by voting one way and privately
urging the Burgesses to vote the other.
The members of the Council all sat on the General Court. Hartwell,
Blair, and Chilton thus describe this body: "It is strange that they
never had a commission for holding of this court, nor never took the
oath of judges, perhaps it was not designed by the Crown that they
should hold it, since besides that they are unskilful in law, it is
thought an inconvenient thing in all governments that the justice and
policy of the government should be lodged in the same persons, who ought
indeed to be a check upon one another."[15] It was as though the United
States Senate were also the Supreme Court. In other words, in colonial
Virginia the same men who, as members of the Upper House of Assembly,
had voted on a law were called upon to interpret it. Prior to 1680 if a
man thought himself injured in point of law or equity by a decision of
this court he could appeal his case to the Assembly. But after that
date, when the judicial powers of the Assembly were voided, his only
appeal was to the King and Privy Council, a step seldom taken because of
the difficulty "of either prosecuting or defending matters at such a
distance."
The judicial function of the Councillors added greatly to their power
and prestige. "They are the sole judges of law and property, which makes
all depend on them," reported Colonel Quary.[16] The Councillors were
well aware of the power and prestige which their judicial position gave
them. This is shown by the bitterness with which they resisted when
Governor Spotswood tried to weaken it by setting up a court of oyer and
terminer with others than Councillors on the bench.
Public-domain text, read in full here on John Shaqi.
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