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
Future Governors had reason to regret this change, for it added greatly
to the influence of the Council, and the day was not distant when the
Council was to become so powerful as to threaten to make the Governor a
mere figurehead. It was the Council which was to be responsible for the
dismissal of Andros and Nicholson. Governor Spotswood, in his bitter
quarrels with the Councillors tried to undermine their power by striking
at their judicial privileges, but he failed, and he too was forced out
of office by their influence.
Even more alarming to the people than the ending of appeals to the
Assembly was an order from the King that certain causes arising in the
courts be referred to England for decision. The Burgesses protested.
Such a thing would be "grievous and ruinous," they said, and would
involve delays and great expense. Moreover, they could not find that
appeals to England had been allowed "from the first settling of the
colony." When Effingham and the Council refused to join them, they sent
their petition to the King as the protest of the Lower House alone.[61]
But James II, who had succeeded to the throne on the death of Charles in
February, received their appeal with contempt. In the new instructions
to Effingham drawn up in October, 1685, he wrote: "Whereas ... our
Committee of Trade and Plantations ... have received from some unknown
persons a paper entitled An Address and Supplication of the General
Assembly of Virginia to the late King ... which you have refused to
recommend as being unfit ... we cannot but approve of your
proceedings.... And we do further direct you to discountenance such
undue practices for the future, as also the contrivers and promoters
thereof."[62]
At this dark hour, when American liberty hung in the balance, the
Burgesses were quick to repel any attempt to tax the people without
their consent. In May, 1688, they stated that they had received "many
grievous complaints" that unlawful fees had "under color of his
Majesty's royal authority" been unjustly imposed upon the people. They
protested especially against a fee of 200 pounds of tobacco for affixing
the great seal of the colony, a fee of 30 pounds of tobacco for
recording surveys of land, and a fee of L5 for escheats.[63]
And they were adamant in refusing repeated demands for permission for
the Governor and Council by themselves to levy a tax even though a very
small one. "Your Lordships will ... find their total denial that the
Governor and Council should have any power to lay the least levy to ease
the necessity for so frequent Assemblys," Effingham wrote the Committee
of Trade and Plantations in February, 1686. "This was propounded by me
to them before his Majesty's instructions came to hand ... but nothing
would prevail, nor I believe will, unless his Majesty's special command
therein."[64]
Public-domain text, read in full here on John Shaqi.
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