Such, then, in all its fresh and unadorned rascality, was the famous
"option law," or "two-penny act," of 1758: an act firmly opposed, on
its first appearance in the legislature, by a noble minority of
honorable men; an act clearly indicating among a portion of the people
of Virginia a survival of the old robber instincts of our Norse
ancestors; an act having there the sort of frantic popularity that all
laws are likely to have which give a dishonest advantage to the debtor
class,--and in Virginia, unfortunately, on the subject of salaries due
to the clergy, nearly all persons above sixteen years of age belonged
to that class.[45]
At the time when this act was before the legislature for
consideration, the clergy applied for a hearing, but were refused.
Upon its passage by the two houses, the clergy applied to the acting
governor, hoping to obtain his disapproval of the act; but his reply
was an unblushing avowal of his determination to pursue any course,
right or wrong, which would bring him popular favor. They then sent
one of their own number to England, for the purpose of soliciting the
royal disallowance of the act. After a full hearing of both sides, the
privy council gave it as their opinion that the clergy of Virginia had
their "certain remedy at law;" Lord Hardwicke, in particular,
declaring that "there was no occasion to dispute about the authority
by which the act was passed; for that no court in the judicature
whatever could look upon it to be law, by reason of its manifest
injustice alone."[46] Accordingly, the royal disallowance was granted.
Upon the arrival in Virginia of these tidings, several of the clergy
began suits against their respective vestries, for the purpose of
compelling them to pay the amounts then legally due upon their
salaries for the year 1758.
Of these suits, the first to come to trial was that of the Rev. Thomas
Warrington, in the County Court of Elizabeth City. In that case, "a
jury of his own parishioners found for him considerable damages,
allowing on their oaths that there was above twice as much justly due
to him as the act had granted;"[47] but "the court hindered him from
immediately coming at the damages, by judging the act to be law, in
which it is thought they were influenced more by the fear of giving
offense to their superiors, than by their own opinion of the
reasonableness of the act,--they privately professing that they
thought the parson ought to have his right."[48]
Soon afterward came to trial, in the court of King William County, the
suit of the Rev. Alexander White, rector of St. David's parish. In
this case, the court, instead of either sustaining or rejecting the
disallowed act, simply shirked their responsibility, "refused to
meddle in the matter, and insisted on leaving the whole affair to the
jury;" who being thus freed from all judicial control, straightway
rendered a verdict of neat and comprehensive lawlessness: "We bring in
for the defendant."[49]
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