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
There is every reason to believe that this boast was justified. The
first Assembly that sat after Berkeley's arrival spoke of the "good and
wholesome laws" that they had passed under his leadership. They were
especially proud of "the near approach we have made to the laws and
customs of England in proceedings of the court and trials of causes."[2]
So we hear no more of the prosecution of men on trivial charges, of the
overawing of judges, and of ruinous confiscations. Thomas Ludwell,
after the surrender of the colony to the Commonwealth, when Berkeley's
enemies might easily have hounded him in the courts, declared that there
was not one man that either publicly or privately charged him with
injustice.[3]
It must have produced a general sense of security when Sir William
affixed his signature to a bill giving either the plaintiff or the
defendant in any court the right to demand trial by jury. No more could
a body of justices, appointed by the Governor, and perhaps looking to
him for further favors, deprive a man of his property without the
judgment of his peers.[4] And should one be brought before the General
Court to plead for life or limb, one need not submit to their decision
if unjust, for now, apparently for the first time, appeals were
permitted to the Assembly.[5]
One of the chief grievances of former times had been the conscripting of
men for public service or the service of the Governor. So now when
Berkeley "in preferring the public freedom before his particular profit"
gave up any claim to forced labor, he won the gratitude of the people.
He has restored to us the birthright of our mother nation, men said. No
longer need the poor planter fear that the sheriff would lead him off to
work in the Governor's garden while his tobacco field went to weeds, or
the carpenter curse the day when he was forced to give his time for the
construction of a fort.[6]
The Assembly admitted that before the arrival of the new Governor they
had not done their full duty in passing wholesome laws and redressing
grievances. But they now proudly submitted to the public judgment the
many benefits to the colony from "their late consultations." Among these
was the relief given the poor by the revising of the tax law, so as to
make the levy "in some measure" proportionate to "men's abilities and
estates."
The Assembly thought it wise to assert once more that the Governor and
Council had no authority to lay taxes.[7] There would seem to have been
no need for this since, though Harvey may have tried to levy taxes on
his own responsibility, there is no evidence that Berkeley made such an
attempt. It seems likely that the Assembly had no more in mind in
re-enacting this law than the emphasizing of a vital principle.
Public-domain text, read in full here on John Shaqi.
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