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
In the end the King had his way. The Burgesses made two minor
amendments, and then passed the bill. When it came before Charles again,
he vetoed one of these amendments, and allowed the other. A quarter of a
century later, when the Board of Trade asked Attorney General Simon
Harcourt and Solicitor General James Montague to pass on the validity of
the act, they reported that it had been put through irregularly. "It
would be wise," they said, "if any part of her Majesty's revenue depends
on this act, to have another in its place."[54]
Yet the act was permitted to stand, and the cause of self-government in
colonial Virginia suffered its greatest reverse. No longer could the
Assembly force the Governor to sign this bill or that by refusing to
vote his salary. No longer did they hold a sword over the heads of the
Council. It is true that they still retained in part their grip upon
the purse, since the export duty together with the quit rents seldom met
even the ordinary needs of the government, and were entirely inadequate
in times of emergency. It is this which explains why such notable gains
for liberty were made during the colonial wars. Yet from this time until
the Declaration of Independence the Virginia Assembly had to fight the
royal prerogative with one hand tied behind its back.[55]
Having secured the passage of the King's three laws, Culpeper rested on
his laurels. He seems to have yielded to the plea of the Council not to
deliver the King's rebuke to the Assembly. If he ever told the Council
of his instruction to initiate bills with their advice and secure the
King's approval before sending them to the House, they must have argued
that it was impractical. They had no desire to have representative
government in the colony made a mockery. Were the Burgesses to have the
right of amending bills? they must have asked. If so, would the amended
bills have to go back to England for the King's approval? Under such
conditions, it might take years to enact the simplest laws. So this
instruction was ignored.
Equally impractical was it to secure the King's permission before
calling an Assembly. In case of a sudden emergency it might be fatal to
wait until the Governor had written to Secretary Coventry, until he had
taken the matter up with his Majesty, until some vessel sailed and had
made the tedious voyage to Virginia. If the need were the outbreak of
war with the Indians, half the colony might be scalped before the
Assembly could meet to raise men and money for arms and forts. So
Culpeper ignored this instruction also.
As for the instruction to forbid appeals from the General Court to the
Assembly, the Governor kept it to himself. Three years later, at an
inquiry held on his neglect of his office, he explained: "Having some
thoughts of getting a revenue bill to pass, I was unwilling actually to
repeal the laws relating thereunto till the next session of Assembly
should be over, well knowing how infinitely it would trouble them."[56]
Public-domain text, read in full here on John Shaqi.
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