loss; when the price of tobacco was up, he was allowed to enjoy the
gain. Probably it did not then occur to any one that a majority of
the good people of Virginia could ever be brought to demand such a
mutilation of justice as would be involved in depriving the parson of
the occasional advantage of a very good market, and of making up for
this by always leaving to him the undisturbed enjoyment of every
occasional bad one. Yet it was just this mutilation of justice which,
only a few years later, a majority of the good people of Virginia were
actually brought to demand, and which, by the youthful genius of
Patrick Henry, they were too well aided in effecting.
Returning now from our brief tour into a period of Virginian history
just prior to that upon which we are at present engaged, we find
ourselves arrived at the year 1748, in which year the legislature of
Virginia, revising all previous regulations respecting the hiring
and paying of the clergy, passed an act, directing that every parish
minister should "receive an annual salary of 16,000 pounds of
tobacco, ... to be levied, assessed, collected, and paid" by the
vestry. "And if the vestry of any parish" should "neglect or refuse
to levy the tobacco due to the minister," they should "be liable to
the action of the party grieved ... for all damages which he ...
shall sustain by such refusal or neglect."[35] This act of the
colonial legislature, having been duly approved by the king, became
a law, and consequently was not liable to repeal or even to
suspension except by the king's approval. Thus, at the period now
reached, there was between every vestry and its minister a valid
contract for the annual payment, by the former to the latter, of
that particular quantity of tobacco,--the clergy to take their
chances as to the market value of the product from year to year.
Thus matters ran on until 1755, when, by reason of a diminished crop
of tobacco, the legislature passed an option law,[36] virtually
suspending for the next ten months the Act of 1748, and requiring the
clergy, at the option of the vestries, to receive their salaries for
that year, not in tobacco, but in the depreciated paper currency of
the colony, at the rate of two pence for each pound of tobacco due,--a
price somewhat below the market value of the article for that year.
Most clearly this act, which struck an arbitrary blow at the validity
of all contracts in Virginia, was one which exceeded the
constitutional authority of the legislature; since it suspended,
without the royal approval, a law which had been regularly ratified by
the king. However, the operation of this act was shrewdly limited to
ten months,--a period just long enough to accomplish its object, but
too short for the royal intervention against it to be of any direct
avail. Under these circumstances, the clergy bore their losses for
that year with some murmuring indeed, but without any formal
protest.[37]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account