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
With the growth of the House of Burgesses its business more and more was
transacted by committees. The most important were the committees on
Propositions and Grievances, Elections and Privileges, and on
Proportioning the Levy. To the first of these came all manner of
complaints. One county asks that ship captains be forbidden to throw
ballast into the rivers, another wants a ceiling put on doctors' bills,
still another objects to having taverns extend credit to sailors.
The House kept a close watch on elections, and the Committee on
Elections and Privileges always went over the writs in search of
irregularities. If a sheriff should fail to make a return or should make
an imperfect return, the messenger was sent to bring him before the
House to explain why. Should he take it upon himself to judge who was
eligible or not eligible for election, he was certain to receive a stern
reprimand. In 1692 a resolution "that the House of Burgesses are the
sole and only judges of the capacity or incapacity of their own members"
passed unanimously.[23]
The Committee on Private Causes prior to 1680 was in effect the supreme
court of Virginia, to which appeals were made, for the House invariably
accepted its findings. But it ceased to function when the Assembly was
deprived of its judicial power.
The Burgesses were wary of bills of attainder, the weapon used with such
great effect by Parliament. They realized the danger in condemning
persons without trial, especially when the colony had so much at stake
in preserving liberty and justice. But the Assembly of February, 1677,
which had been "hand picked" by Governor Berkeley, did attaint Bacon and
fifteen of his followers in defiance of the King's pardon.[24] Since all
of the victims were dead, the attaint affected only their property. When
Charles II heard what had been done, he promptly nullified the law.[25]
The Burgesses were well aware from the first that the universally
accepted principle that no Englishman could be legally taxed without his
own consent was the basis of liberty. They alone, as the representatives
of the people, could take their property. If a Governor, as the
substitute for the King, so far stretched his authority as to attempt to
lay a levy, they were quick to call him to order. As early as 1624 the
Assembly passed a law "that the Governor shall not lay any taxes or
impositions upon the colony, their lands or commodities, other way than
by the authority of the General Assembly, to be levied and imployed as
the said Assembly shall appoint."[26] Similar laws were passed in 1631,
1632, 1642, and 1645.
Public-domain text, read in full here on John Shaqi.
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