Chapter XXVI: Act XX: Disabling Lt. Col. Edward Hill and Lieut. John Stith. from (5)

=March 22. ... _Resolved_, That a well regulated Militia, composed of Gentlemen and Yeomen, is the natural strength, and only security of a free Government; that such a Militia in this Colony would for ever render it unnecessary for the Mother Country to keep among us, for the purpose of our defence, any Standing Army of mercenary forces, always subversive of the quiet, and dangerous to the liberties of the people, and would obviate the pretext of taxing us for their support.=

That the establishment of such Militia is at this time peculiarly necessary, by the state of our laws for the protection and defence of the Country, some of which have already expired, and others will shortly do so; and that the known remissness of Government, in calling us together in a legislative capacity renders it too insecure, in this time of danger and distress to rely, that opportunity will be given of renewing them in General Assembly, or making any provision to secure our inestimable rights and liberties from those farther violations with which they are threatened.

_Resolved therefore_, That this Colony be immediately put into a posture of defence; and that Patrick Henry, Richard Henry Lee, Robert Carter Nicholas, Benjamin Harrison, Lemuel Riddick, George Washington, Adam Stephen, Andrew Lewis, William Christian, Edmund Pendleton, Thomas Jefferson, and Isaac Zane, Esquires, be a Committee to prepare a plan for the embodying, arming, and disciplining such a number of men as may be sufficient for that purpose.

Adjourned till to-morrow 10 o'clock....

Saturday, March 25, 1775. ... _Resolved_, As the opinion of this Convention, that, on account of the unhappy disputes between Great Britain and the Colonies, and the unsettled state of this Country, the lawyers, suitors, and witnesses ought not to attend the prosecution or defence of civil suits at the next General Court; and it is recommended to the several Courts of Justice not to proceed to the hearing or determination of suits on their dockets, except attachments; nor to give judgments but in the case of Sheriffs or other collectors for Money or Tobacco received by them; in other cases, where such judgment shall be voluntarily confessed; or upon such amicable proceedings as may become necessary for the settlement, division, or distribution of estates. And, during this suspension of the administration of justice, it is earnestly recommended to the people to observe a peaceable and orderly behaviour; to all creditors to be as indulgent to their debtors as may be; to all debtors to pay as far as they are able; and where differences may arise which cannot be adjusted between the parties, that they refer the decision thereof to judicious neighbours, and abide by their determination.

The Convention then took into their consideration, according to the order of yesterday, the plan for embodying, arming and disciplining the Militia; which, being read, and amended, was unanimously agreed to, as follows:

* * * * *

The committee are further of opinion that, as from the expiration of the above-mentioned latter laws, and various other causes, the legal and necessary disciplining the Militia has been much neglected, and a proper provision of Arms and Ammunition has not been made, to the evident danger of the community in case of invasion or insurrection, =it be recommended to the inhabitants of the several Counties of this Colony that they form one or more volunteer Companies of Infantry and Troops of Horse, in each County, and to be in constant training and readiness to act on any emergency=.

* * * * *

=That, in order to make a further and more ample provision of Amunition, it be recommended to the Committees of the several Counties, that they collect from their Constituents, in such manner as shall be most agreeable to them, so much money as will be sufficient to purchase half a pound of Gunpowder, one pound of Lead, necessary Flints and Cartridge Paper, and dispose thereof, when procured, in such place or places of safety as they may think best; and it is earnestly recommended to each individual to pay such proportion of the money necessary for these purposes as by the respective Committees shall be judged requisite.=

That as it may happen that some Counties, from their situation, may not be apprized of the most certain and speedy method of procuring the articles before-mentioned, one General Committee should be appointed, whose business it should be to procure, for such Counties as may make application to them, such articles, and so much thereof as the moneys wherewith they shall furnish the said Committee with purchase, after deducting the charges of transportation, and other necessary expenses.

_Resolved_, That Robert Carter Nicholas, Thomas Nelson, and Thomas Whiting, Esquires, or any two of them, be a Committee for the purpose afore-mentioned.

... _Resolved_, That _Robert Carter Nicholas_, _Richard Bland_, _James Mercer_, _Edmund Pendleton_, _Archibald Cary_, _Charles Carter_ of _Stafford_, _Benjamin Harrison_, _Richard Henry Lee_, _Josias Clapham_, _George Washington_, _Patrick Henry_, _James Holt_, and _Thomas Newton_, Esquires, be a Committee to prepare a plan for the encouragement of Arts and Manufactures in this Colony.

=The Convention then proceeded to the election of Delegates by ballot, to represent this Colony in General Congress, to be held at the City of _Philadelphia_, on the 10th day of _May_ next; when the Honourable _Peyton Randolph_, Esquire, _George Washington_, _Patrick Henry_, _Richard Henry Lee_, _Edmund Pendleton_, _Benjamin Harrison_, and _Richard Bland_, Esquires, were chosen for that purpose.=

=_Resolved_, That _Robert Carter Nicholas_, Esquire, be desired to lay before the Convention, on Monday next, an account of the Money received from the several Counties and Corporations in this Colony, for the use of the Delegates sent to represent this Colony in General Congress.=

Adjourned till Monday, 10 o'clock.

March 27 ... _Resolved unanimously_, That from and after the first day of _May_ next, no person or persons whatever ought to use, in his or their families, unless in case of necessity, and on no account to sell to butchers, or kill for market, any Sheep under four years old; and where there is necessity for using any mutton in his, her, or their families, it is recommended to kill such only as are least profitable to be kept.

_Resolved unanimously_, That the setting up and promoting Woollen, Cotton, and Linen Manufactures ought to be encouraged in as many different branches as possible, especially Coating, Flannel, Blankets, Rugs, or Coverlids, Hosiery, and coarse Cloths, both broad and narrow.

* * * * *

_Resolved unanimously_, As Salt is a daily and indispensable necessary of life, and the making of it amongst ourselves must be deemed a valuable acquisition, it is therefore recommended that the utmost endeavours be used to establish Salt Works, and that proper encouragement be given to Mr. _James Tait_, who hath made proposals, and offered a scheme to the publick, for so desirable a purpose.

=_Resolved unanimously_, That Saltpetre and Sulphur, _being articles of great and necessary use_, the making, collecting, and refining them to the utmost extent, be recommended, the Convention being of opinion that it may be done to great advantage.=

=_Resolved unanimously_, That the making of Gunpowder be recommended.=

=_Resolved unanimously_, That the manufacturing of iron into Nails and Wire, and other necessary articles, be recommended.=

=_Resolved unanimously_, That the making of Steel ought to be largely encouraged, as there will be a great demand for this article.=

_Resolved unanimously_, That the making of different kinds of Paper ought to be encouraged; and as the success of this branch depends on a supply of old Linen and Woollen Rags, the inhabitants of this Colony are desired, in their respective families, to preserve these articles.

_Resolved unanimously_, That whereas Wool Combs, Cotton and Wool Cards, Hemp and Flax Heckles, have been for some time made to advantage in some of the neighbouring Colonies, and are necessary for carrying on Linen and Woollen Manufactures, the establishing such Manufactures be recommended.

_Resolved unanimously_, That the erecting Fulling Mills and mills for breaking, swingling, and softening Hemp and Flax, and also the making Grindstones be recommended.

_Resolved unanimously_, That the brewing Malt Liquors in this Colony would tend to render the consumption of foreign Liquors less necessary. It is therefore recommended that proper attention be given to the cultivation of Hops and Barley.

_Resolved unanimously_, That it be recommended to all the inhabitants of this Colony, that they use, as the Convention engageth to do, our own Manufactures, and those of other Colonies, in preference to all others.

* * * * *

The Members of the Convention then, in order to encourage Mr. _James Tait_, who is about to erect Salt Works, undertook, for their respective Counties, to pay the sum of Ten Pounds to _Robert Carter Nicholas_, Esquire, for the use of the said _James Tait_, on or before the 10th day of _May_ next.

* * * * *

=_Resolved_, That this Convention doth consider the delegation of its members as now at an end; and that it is recommended to the People of this Colony to choose Delegates to represent them in Convention _for one year_, as soon as they conveniently can.=

Peyton Randolph, President.
John Tazewell, Clerk of the Convention.

_c._ [_The Third Virginia Convention_, pursuant to the call in
the closing recommendation of the Second, met July 17, 1775,
and adopted the forms of a legislative body, giving bills three
readings, etc. The first resolution read....

"That this Convention will observe, in their debates _and
proceedings_, the same Rules and Orders as are established in the
House of Burgesses of this Colony." Cf. with the corresponding
Resolution of the Second Convention above; note significance of the
two additional words. That significance is brought out clearly in
the postscript of a letter from George Mason to a friend, August 22:

"P. S. Every ordinance goes thro' all the Formalities of a Bill
in the House of Burgesses, has three Readings, etc. before it is
passed, and in every respect wears the Face of Law,--Resolves,
as recommendations, being no longer trusted to. ..." (Virginia
Calendar of State Papers, I, 269.)

Thus the Third Convention was a "government" in style as well as in
fact. It held two busy sessions; and, in January, 1776, though its
"year" was not up, it adjourned, to give place to a new Convention
freshly instructed from the people.]

FOOTNOTES:

[121] A letter from Richard Henry Lee to Samuel Warren (June 23) states that he had intended to present such a resolution in the Assembly, but, on advice of friends, waited for the completion of important business,--and then came the dissolution. Washington went from this meeting, over which he had presided, to dine with Lord and Lady Dunmore. The tone of Virginia intercourse with the governor remains suave for some time.

[122] The resolutions so reported on June 20 to the Virginia committee, had been adopted on the 15th. Rhode Island, therefore, was the first colony to appoint delegates. The resolutions, of course, are given also in the _Rhode Island Colonial Records_.

[123] This final clause refers to a provision withdrawing from trial in colonial courts any servants of the government accused of violence in the performance of duty. The list of offending statutes is repeated, somewhat less impressively but more specifically, in the Continental Congress's =Declaration= (130 _c_).

[124] Upon this passage was based the Sixth Article of the Virginia Association, recommended August 1, by the Convention as follows:--

"6th. We will endeavor to improve our breed of sheep, and increase their number to the utmost extent; and to this end, we will be as sparing as we conveniently can, in killing sheep, especially those of the most profitable kind; and if we should at any time be overstocked, or can conveniently spare any, we will dispose of them to our neighbors, especially the poorer sort of people, on moderate terms."

In time, this passage was copied even more closely in the Association of the Continental Congress at Philadelphia (No. 130 _d_).

[125] This resolution is found in identical words in the resolutions of Caroline County (Virginia), July 14, 1774; and the sentiment, in more varied forms, appears often in the county meetings. Thus Hanover (Patrick Henry's county) declared: "The African trade for slaves we consider most dangerous to virtue and the welfare of this country. We therefore most earnestly wish to see it totally discouraged."

[126] Mr. Lynch was from South Carolina. This position here taken as to "numbers _and_ property" was taken thirteen years later by South Carolina delegates in the Convention which framed our present Constitution.

[127] This was the "style" of the three "counties" soon to form the state of Delaware.

[128] This convention had finally been called in January by Peyton Randolph, chairman of the preceding convention, according to authorization by body. Cf. introduction to No. 137, above. The work of the Convention is given in No. 139.

[129] Observe the authorization to raise money by taxation,--a special prerogative of government.

XXIII. INDEPENDENCE

Cf. _American History and Government_ (## 146-150) for additional
comment and narrative, and suggestions as to bibliography, on each
of the following numbers, 134-139. Many short extracts are there
given from documents which, on that account, are not reproduced
here,--notably from Paine's _Common Sense_.

134. Virginia County Instructions for Independence, April 23, 1776

Force, _American Archives_, Fourth Series, V, 1034-1035.

The following instructions from a county meeting of Charlotte
County, Virginia, to delegates for the next Virginia Convention [to
meet May 6] show that that body was at least partially authorized
to take its momentous action of adopting a State constitution and
of instructing the Virginia delegates at Philadelphia to move for
independence. Note that the King, to whom all earlier documents
had professed loyalty, is here coupled with the ministry and
parliament. Other counties gave similar instruction. Cf. Force, V,
1046.

_To Paul Carrington, and Thomas Read, Esq's.:_

Gentlemen: When we consider the despotick plan adopted by the King, Ministry and Parliament of _Great Britain_, insidiously pursued for these twelve years past, to enslave _America_; when we consider that they have turned a deaf ear to the repeated petitions and remonstrances of this and our sister Colonies, and that they have been equally inattentive to the rights of freemen and the British Constitution; and when we consider that they have for some time been endeavouring to enforce their arbitrary mandates by fire and sword, and likewise encouraging, by every means in their power, our savage neighbours, and our more savage domestics, to spill the blood of our wives and children; and to crown the whole, they have added insult to their injustice and cruelty, by repeatedly pretending to hold out the olive branch of peace in such a way as teacheth us that they are determined to persist in their hellish designs, and that nothing is intended for us but the most abject slavery....

Therefore despairing of any redress of our grievances from the King and Parliament of _Great Britain_, and all hopes of a reconciliation between her and the United Colonies being now at an end, and being concious that their treatment has been such as loyal subjects did not deserve, and to which as freemen, we are determined not to submit; by the unanimous approbation and direction of the whole freeholders, and all the other inhabitants of this County, we advise and instruct you, cheerfully to concur and give your best assistance in our Convention, to push to the utmost a war offensive and defensive until you are certified that such proposals of peace are made to our General Congress as shall by them be judged just and friendly. And because the advantages of a trade will better enable us to pay the taxes, and procure the necessaries for carrying on a war, and in our present circumstances this cannot be had without a Declaration of Independence; therefore, if no such proposals of peace shall be made, we judge it to be a dictate of the first law of nature, to continue to oppose every attempt on our lives and properties; and we give it you in charge, to use your best endeavours =that the Delegates which are sent to the General Congress be instructed immediately to cast off the _British_ yoke=, and to enter into a commercial alliance with any nation or nations friendly to our cause. And as King George the Third of Great Britain etc., has manifested deliberate enmity towards us, and under the character of a parent persists in behaving as a tyrant, that they, in our behalf renounce allegiance to him for ever; =and that, taking God of Heaven to be our King, and depending upon His protection and assistance, they plan out that form of Government which may the more effectually secure to us the enjoyment of our civil and religious rights and privileges, to the latest posterity. ...=

Ordered, That the above Resolves be published in the _Virginian Gazette_.

By order: William Jameson, Clerk.

135. Instructions for Independence in the Virginia Convention (and Resolutions for an Independent State Government), May 15, 1776[130]

Force, _American Archives_, Fourth Series, VI, 461-462.

The Fourth Virginia Convention met May 6, elected on the
recommendation of the preceding Convention (see No. 133 c, close).
On the 9th the Convention voted to go next day into Committee of
the Whole to consider the state of the colony (which meant to take
up the matter of independence and a State government). Military
needs, however, delayed the consideration until the 14th. On that
day and the 15th, the questions were debated, and, on the 15th,
the Committee rose and reported to the Convention the resolutions
below, which were unanimously adopted. For a more detailed story,
see _American History and Government_, # 148; but it should be
seen here clearly that the Convention instructed its delegates
in the Continental Congress to secure a _general_ declaration of
Independence for all the colonies, and that, at the same time, it
began the work of a permanent independent constitution for Virginia.

[The first half of the document is a preamble stating the grievances of the colonies.] ... In this state of extreme danger, we have no alternative left but an abject submission to the will of those overbearing tyrants or a total separation from the crown and government of Great Britain, uniting and exerting the strength of all America for defence, and forming alliances with foreign powers for commerce and aid in war: Wherefore, appealing to the Searcher of Hearts for the sincerity of former declarations expressing our desire to preserve the connection with that nation, and that we are driven from that inclination by their wicked councils and the eternal laws of self-preservation;

_Resolved_, unanimously, That the delegates appointed to represent this colony in General Congress be instructed to propose to that respectable body to declare the United Colonies free and independent States, absolved from all allegiance to or dependence upon the Crown or parliament of Great Britain; and that they give the assent of this colony to such declaration, and to whatever measures may be thought proper and necessary by the Congress for forming foreign alliances and a confederation of the colonies, at such time, and in such manner, as to them shall seem best: Provided that the power of forming government for, and the regulation of, the internal concerns of each colony, be left to the respective colonial legislatures.

_Resolved unanimously_, That a committee be appointed to prepare a DECLARATION OF RIGHTS and such a plan of government as will be most likely to maintain peace and order in this colony, and secure substantial and equal liberty to the people.

136. The Virginia Bill of Rights, June 12, 1776

Poore, _Charters and Constitutions_, II, 1908-1909. Cf. No. 135
for history. This bill of rights was reported by a committee to
the Virginia Convention on May 27, and adopted unanimously on June
12. It was the model, often followed closely, for similar bills in
other states. See comment at close.

_A declaration of rights made by the representatives of the good people of Virginia, assembled in full and free convention; which rights do pertain to them and their posterity, as the basis and foundation of government._

SECTION 1. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.

SECTION 2. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.

SECTION 3. That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and that, when any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it in such manner as shall be judged most conducive to the public weal.

SECTION 4. That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which, not being descendible, neither ought the offices of magistrate, legislator, or judge to be hereditary.

SECTION 5. That the legislative and executive powers of the State should be separate and distinct from the judiciary; and that the members of the two first may be restrained from oppression, by feeling and participating in the burdens of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain, and regular elections, in which all, or any part of the former members to be again eligible, or ineligible, as the laws shall direct.

SECTION 6. That elections of members to serve as representatives of the people, in assembly, ought to be free; and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of suffrage, and cannot be taxed or deprived of their property for public uses, without their own consent, or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented, for the public good.[131]

SECTION 7. That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.

SECTION 8. That in all capital or criminal prosecutions a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself; that no man be deprived of his liberty, except by the law of the land or the judgment of his peers.

SECTION 9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

SECTION 10. That general warrants, whereby an officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted.