USA > Virginia > City of Fredericksburg > City of Fredericksburg > The history of the city of Fredericksburg, Virginia > Part 25
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the gunpowder act, that the Fredericksburg resolutions were adopted, and the great pity is they were not handed down to suc- ceeding generations and preserved as the first Declaration of In- dependence since the days of Bacon. In referring to these resolu- tions, Dr. Howison, in his United States History, says, they were tantamount to a declaration of independence.
HENRY LEADS FOR LIBERTY.
It was Patrick Henry, of Hanover county, a Virginian, at the time living in and representing Louisa county, who fired the country with his matchless eloquence and set in motion forces that achieved liberty and independence to this country. It was this peerless son of Virginia, in the House of Burgesses, surrounded by such giant minds as Bland, Pendleton, Lee and Wythe, that the torch of liberty was set on fire that was never to be extinguished. We quote from Dr. Howison's United States History :
"He wrote on the blank leaf of an old law-book five resolutions which he offered to the House. They were a strong protest against the course of Parliament. The third declared that taxation by the people themselves, or their representatives duly chosen, was an essential characteristic of British freedom. The last resolution was in these words :
" 'Resolved, therefore, that the General Assembly of this colony have the sole right and power to lay taxes and impositions upon the inhabitants of this colony; and that every attempt to vest such power in any person or persons whatsoever, other than the General Assembly aforesaid, has a manifest tendency to destroy British as well as American freedom.'
"A warm debate ensued. Pendleton, Bland, Wythe and Ran- dolph all opposed the resolutions ; but Henry was the master mind, and made an impression which is felt to this day. His words were pregnant with a nation's freedom. In the heat of the debate oc- curred a memorable scene. Patrick Henry reached a climax. 'Cæsar,' he cried, 'had his Brutus ; Charles the First, his Cromwell, and George the Third'-'Treason'! burst from the lips of the presi-
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dent. 'Treason,' 'Treason !' resounded through the house. The orator paused ; then, raising himself to his full height, with eyes of fire and a voice which thrilled every soul, he concluded his sentence, 'and George the Third may profit by their example. If this be treason make the most of it.'
"The resolutions were adopted by one vote, and that evening Patrick Henry left for his home. In March, 1775, the Virginia Convention met in St. John's church, Richmond. It was a body of the most distinguished men in Virginia, and among them was Patrick Henry. He was still far in advance of the leading men of the convention, who, although there were English fleets in the waters of Virginia and armed soldiers quartered within her towns, still hoped that the evils complained of could be remedied by com- promise.
"Henry did not think so, and he was unwilling to sit down quietly until it would be too late to prepare for defense. He sub- mitted a set of resolutions, calling attention to the presence of British armies and the dangers then threatening American freedom, and proposed that Virginia should be put in a state of defense, and that measures should at once be taken for embodying, arming and disciplining such a number of men as may be sufficient for that pur- pose."
The proposition was strongly opposed by such men as Bland, Nicholas, Pendleton and Harrison. Dr. Howison says: "It was now that Patrick Henry appeared in power. Rising slowly from his seat, he made an appeal which in eloquence and strength, and in its effect upon the future of the world, went far beyond any effort of oratory ever previously made. It was the demonstration that the coming war was to be a war of ideas and principles, and not a mere war of brute force." No perfect production of this speech has been preserved-perhaps none were possible; yet enough has been preserved to enable the thoughtful student to feel some- thing of its inspiration :
"Let us not, I beseech you, sir, deceive ourselves. We have done everything that could be done to avert the storm which is now com- ing on. We have petitioned-we have remonstrated-we have
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supplicated-we have prostrated ourselves before the throne and have implored its interposition to arrest the tyrannical hands of the Ministry and Parliament. Our petitions have been slighted ; our remonstrances have produced additional violence and insult ; our supplications have been disregarded, and we have been spurned with contempt from the foot of the throne. In vain, after these things, may we indulge the fond hope of peace and reconciliation. There is no longer any room for hope. If we wish to be free-if we mean to preserve inviolate those inestimable privileges for which we have been so long contending-if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the object of our contest shall be obtained-we must fight! I repeat it, sir, we must fight! An appeal to arms and to the God of hosts is all that is left us.
"There is a just God who presides over the destinies of nations, and who will raise up friends to fight our battles for us. The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave. Besides, sir, we have no election. If we were base enough to desire it, it is now too late to retire from the con- test. There is no retreat but in submission and slavery. Our chains are forged; their clanking may be heard on the plains of Boston. The war is inevitable, and let it come. I repeat it, sir, let it come !
"Gentlemen may cry, Peace ! peace ! but there is no peace. The war has already begun. The next gale that sweeps from the North will bring to our ears the clash of resounding arms. Our brethren are already in the field. Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear or peace so sweet as to be purchased at the price of chains and slavery ? Forbid it, Almighty God! I know not what course others may take ; but as for me, give me liberty or give me death !"
A dead silence followed this speech. The feelings it excited were too deep for applause; but there was no longer any hesitation or division of opinion. The proposal of Henry was adopted, and, in a short time, Virginia was alive with military preparation.
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There are two prophesies in this eloquent speech which were ful- filled ; one was that the clash of resounding arms would be heard by the next gale from the North-the battle of Lexington was fought on the 19th of April; and the other was that God would raise up friends to fight our battles for us. Our independence could hardly have been secured without the aid of the French, whom Lafayette led, and who were the friends that were raised up for us by a kind Providence.
PENDLETON'S RESOLUTIONS.
It was Edmund Pendleton, of Sparta, in Caroline county, a Virginian, who prepared, and Cary presented, resolutions defining the position of the colonies and instructing the Virginia delegation to the General Congress to vote for a declaration of separation from Great Britain. These resolutions were heartily indorsed by the troops that had assembled at Williamsburg, and even by those leading Virginians who so strongly condemned Patrick Henry's first great speech.
It was Richard Henry Lee, of Westmoreland county, a Virginian, who offered, in the Colonial Congress, the resolution that embodied the views expressed in the Pendleton resolutions, and which brought forth the Declaration of Independence. The resolution was sub- mitted on the 7th of June, 1776, which was as follows :
"That these United Colonies are, and of right ought to be, free and independent States; that they are absolved from all allegiance to the British Crown; and that all political connection between them and the State of Great Britain is, and ought to be, totally dis- solved."
The discussion of this resolution showed the temper of Congress, and while the vote was postponed at the instance of some members who still thought such a measure premature, a committee to pre- pare and bring forward a declaration was appointed, of which Thomas Jefferson was made chairman. Mr. Lee, a member of the committee, was called home because of the sickness of his wife, but Mr. Jefferson sent him the original copy of the draft and also the
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amendments for his inspection, and wrote him: "You will judge whether it is the better or worse for the critics."
GEORGE MASON'S BILL OF RIGHTS.
It was George Mason, of Gunston Hall, a native of Stafford county, a Virginian, who wrote the Virginia Bill of Rights and the Constitution of Virginia. The fact that Mason was a farmer, and not a lawyer, has been emphasized by several writers, and the fact that he prepared those important documents, when there were so many eminent lawyers associated with him in those stirring times, is a matter of surprise. But that he did write them has never been disputed or questioned, and it was an honor that linked his name with those of Jefferson and Madison, and will enshrine his memory in the hearts of his countrymen for all time to come. And the honor of preparing this important instrument is en- hanced when we remember they were almost original in thought as to most of the principles declared in them. It is true that some have claimed that the Bill of Rights was based upon the English Bill of Rights of 1689, yet that bill only asserted the right of sub- jects to petition, the right of Parliament to freedom of debate, the right of electors to choose their representatives freely, and other minor privileges. These rights had been exercised by the Colonists, but there were other rights dear to the people which they had not enjoyed and were not permitted to enjoy, and there were grievous wrongs committed upon the people that had to cease.
These things called for a different kind of paper from the English Bill of Rights and the times necessitated different demands than were made calling forth the bill of 1689. A paper was needed setting forth the rights of freemen and providing for the govern- ment of freemen, and it is asserted that the Bill of Rights was a pattern for the Declaration of Independence, while the Consti- tution was the first one that was written for the government of a free and independent people in all the past history of the world.
The Bill of Rights was adopted by the Virginia Convention on the 12th of June, 1776, after it had been thoroughly discussed for several days. It was written for Virginia and did not apply to
Public School Building ( colored.) (See page 144)
The Butterfield Monument. "In honor of the Fifth Army Corps, and also to the valor of every American Soldier." Gen. Butterfield. (See page 269)
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the other colonies, yet it is so complete in all its parts we are told that other State constitutions, in defining the rights of the citizen, largely followed the phraseology of this famous instrument. All Virginians should read it, again and again, study it and treasure it as one of the most precious legacies bequeathed to them. The following is the bill in full :
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.
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.
3. That government is, or ought to be, instituted for the com- mon benefit, protection and security of the people, nation or com- munity ; 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, unalienable and indefeasible right, to reform, alter or abolish it, in such manner as shall be judged most conducive to the public weal.
4. That no man, or set of men, are entitled to exclusive or sepa- rate emoluments or privileges from the community, but in con- sideration of public services ; which, not being descendible, neither ought the offices of magistrate, legislator or judge be hereditary.
5. That the legislative, executive and judicial powers should be separate and distinct; and that the members thereof may be re- strained from oppression, by feeling and participating in the bur- dens of the people, they should, at fixed periods, be reduced to a private station, return into that body from whence they were originally taken, and the vacancies be supplied by frequent, certain 19
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and regular elections, in which all, or any part of the former mem- bers, to be again eligible, or ineligible as the laws shall direct.
6. That all elections ought to be free; and that all men having sufficient evidence of permanent common interest with, and attach- ment 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.
7. That all power of suspending laws, or the execution of laws, by any authority, without the consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.
8. That in all capital or criminal prosecutions, a man hath the right to demand the cause and nature of his accusation, to be con- fronted 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.
9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
10. The 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 not named, or whose offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted.
11. That in controversies respecting property, and in suits be- tween man and man, the ancient trial by jury of twelve men is pre- ferable to any other, and ought to be held sacred.
12. That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments.
13. That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural and safe defence of a free people; that standing armies, in times of peace, should be avoided, as dangerous to liberty ; and that in all cases, the military
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should be under strict subordination to, and governed by, the civil power.
14. That the people have a right to uniform government; and therefore that no government separate from, or independent of, the government of Virginia, ought to be erected or established within the limits thereof.
15. That no free government, or the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality and virtue, and by a frequent recurrence to fundamental principles.
16. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to prac- tise Christian forbearance, love and charity towards each other.
CHAPTER XX
The Declaration of Separation-The Declaration of Independence -Washington Commander-in-Chief-John Paul Jones Raises the First Flag-He was First to Raise the Stars and Stripes- Fredericksburg Furnishes the Head of the Armies and Navy -The Constitution of the United States, &c.
As stated in the last chapter, we continue in this references to the great deeds of the great men of Virginia that should be grouped, as we are here endeavoring to do, in the smallest possible space, and preserved to perpetuate their memory and honor their descend- ants through all coming time. It was Thomas Jefferson, of Albe- marle county, a Virginian, who wrote the Declaration of Inde- pendence, that struck the shackles of servitude from the people of this country, and proclaimed the United Colonies a new-born na- tion, free and independent.
JEFFERSON AND THE DECLARATION.
A lineal descendant of Thomas Jefferson, three generations re- moved, Judge John E. Mason, thus writes on these subjects, for this publication :
"Some years before the Revolutionary war, the colony of Virginia had become restless under British dominion. There had been, here and there, open expressions of discontent, and a growing resent- ment, if not positive hostility, against the mother country. In fact, nowhere more than in Virginia, and especially in this section, had the spirit of independence more steadily grown; and when the time came for decision and concert of action by the colonies, public opinion here was ripe to break down the old barriers, and to resist, with force, the power of England.
"Among those who had taken a most active part in moulding pub- lic sentiment was Thomas Jefferson, who, because of his extreme views in antagonizing every element of English ideas, and its gov- ernment as based upon an aristocracy, has sometimes been called
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the 'Great Commoner.' Whether he, more than others, who were upon the stage of action at that time, is entitled to the name, those who know his history must be the judge; but certain it is, he was in advance of many of his contemporaries in developing antagonism to ancient ideas and ancient customs, which were the pride of the British people.
"On the 6th of May, 1776, the delegates from the counties and cities of the Colony of Virginia, met in convention at its capi- tol in Williamsburg, Edmund Pendleton presiding. During this convention certain resolutions were reported from committee by Archibald Cary, which were unanimously adopted by the one hun- dred and twelve members present. The first of these resolutions- said to have been proposed by Thomas Nelson, and drawn as re- ported by Edmund Pendleton, but no doubt the work of both- after reciting certain grievances against the mother country, de- clared that the 'delegates appointed to represent the colony in the 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.'
"In Congress, on the 7th day of June, 1776, the gifted Richard Henry Lee, from this section, in obedience to instructions, offered the same resolution, which had been adopted by the Virginia Con- vention-that Congress should 'declare that the United Colonies are, and of right ought to be, free and independent States.' This resolution was the precursor of the formal declaration. It was offered by a Virginian, acting under instructions given by Vir- ginians, and its answer was the Declaration of Independence.
"The debate began on this resolution on the 8th of June, but on the 10th, it having developed that five colonies north of the Potomac were not ready to vote, the final decision was then postponed until the first day of July. In the meantime a committee had been elected to draft a Declaration of Independence. Mr. Lee, the mover of the above resolution, was unexpectedly called home by the illness of his wife, and was not on the committee. The committee. was not appointed by the presiding officer, but was elected by ballot.
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by Congress, and Jefferson, having received the highest number of votes cast, was its chairman. Its work was completed by the 28th of June. The Declaration of Independence was, on that date, re- ported to the House by Jefferson, and was then read and ordered to lie on the table. The Virginia resolution was carried in the affirm- ative, in the Committee of the Whole July 1st. On the 2nd day the Declaration of Independence was taken up and debated each day until the fourth, when it was adopted. It will be observed that the Declaration was completed before Congress had adopted the Vir- ginia resolution.
"The committee, elected to draft the Declaration of Independ- ence, consisted of Thomas Jefferson, John Adams, Benjamin Franklin, Roger Sherman and Robert R. Livingston. Mr. Jeffer- son drew the Declaration of Independence at the request of the other members of the committee. Had another been its author, we believe the Declaration would have been different in tone, while, of course, the leading principles would have been the same. Many members were conservative, while Jefferson was radical. They had in view chiefly independence and freedom; Jefferson had the same opinions, but even then contemplated a complete revolution in the existing conditions-for anything which, in the slightest degree, partook of the nature of the government of Great Britain, her customs or traditions, was odious to him. He wished an irrevocable change, so that the new would supersede the old beyond recall.
"When, in framing that great document, he wrote these words : "We hold these truths to be self-evident; that all men are created equal; that they are endowed by their Creator with certain inalien- able rights,' it doubtless did not require a prophet to tell what his future course would be, or the principles, considered radical then, for which he would stand, or the wonderful influence 'these truths' would have in forming constitutions and shaping legislation, State and national, provided the British were beaten on the field of battle.
"It is worthy of note that the Declaration of Independence, as it came from his hands, suffered little change, except in two instances.
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He inserted in the original draft what might be called an emanci- pation proclamation-a clause condemning as piratical warfare against human nature itself, the enslaving of Africans-the slave trade being then sanctioned by North and South-the former being carriers and the latter principally buyers-a business which Vir- ginia would, years before, have prohibited had she not been met, in every effort, by royal vetoes. The other change was made by striking out some animadversions upon the English people. This was done by those who yet hoped for reconciliation, or something, · they knew not what, which might avert the desperate struggle.
"To those who believe in freedom of thought and action; in the sovereignty of the people; in the equality of all men before the law, based upon constitutional rights, restrictions and limitations, made by the wisdom of the greatest men this world has ever produced ; in opening the door to promotion to all men whose talents, integrity and general high characters entitle them to such honors, the Declaration of Independence must forever commend itself; and it seems to the writer that upon the strict adherence to the principles, therein enunciated, rests the very life of the government of the United States.
"There are many other great things which came from the brain of Jefferson besides the Declaration of Independence, though the Declaration may have been the basis of all. The principles of the Declaration having been once established, these followed as a natural sequence. In a limited space only a few can be simply noted. After he retired from Congress, in 1776, to become a member of the Virginia Legislature, he presented, in the session of that year, a bill for the revisal of the laws of the State, which was soon passed, and Jefferson, Pendleton, Wythe, George Mason and Thomas L. Lee were appointed a committee for revision.
"This committee of distinguished men met in Fredericksburg on the 13th day of February, 1777. Here various propositions were submitted and discussed-Mason, Wythe and Jefferson almost al- ways agreeing and voting together, and Pendleton, of all, being the most unwilling to depart from the old conditions, except, to the astonishment of the committee, he proposed a new system, that all
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