Part 15 (2/2)

”If I don't err in conjecture,” says Carter, ”I can't help thinking that the head of our Coreat a palace of fear and apprehension as can possess the heart of any being; and if we compare rumor with actual movements, I believe it will prove itself to every sensible ress sent for our first, third, fourth, fifth, and sixth regiainst the ene the soldiery that Dignity had declared it would not reside in Williauard him This had like to have occasioned a mutiny A desertion of many from the several co they would not leave their county What a finesse of popularity was this? As soon as the regireat man found an interest with the council of state, perhaps timorous as himself, to issue orders for the militia of twenty-six counties, and five co, to protect hiainst his own fears; and to make this the ates should give it a countenance, but, as good luck would have it, it ith difficulty refused[266]Iht in to reovernment,--some say, up to Hanover, to be called Henry-Town”[267]

This gossip of a disappointed Virginian aristocrat, in vituperation of the public character of Governor Henry, naturally leads us forward in our story to that ossip which relates, in the first instance, to the latter part of Decees that a conspiracy was then for certain members of the General asseinia The first intiiven by Jefferson several years afterward, in his ”Notes on Virginia,” a fascinating brochure which ritten by him in 1781 and 1782, was first printed privately in Paris in 1784, and was first published in England in 1787, in America in 1788[268] The essential portions of his statement are as follows:--

”In Dece ates to create a dictator, invested with every power legislative, executive, and judiciary, civil and military, of life and death, over our persons and over our properties One who entered into this contest frohts, who deterer, for the reestablishhts on a firm basis,must stand confounded and dismayed when he is told that a considerable portion of” the House ”had le hand, and in lieu of a limited monarchy, to deliver hiht alone was treason against the people; was treason againstforever the chains which bon their necks, by giving to their oppressors a proof, which they would have truoverner, to shi+eld them from harm Those who meant well, of the advocates of this measure (and most of them meant well, for I know them personally, had been their fellow-laborer in the common cause, and had often proved the purity of their principles), had been seduced in their judgment by the example of an ancient republic, whose constitution and circumstances were fundamentally different”[269]

With that artistic tact and that excellent prudence which seem never to have failed Jefferson in any of his enterprises for the disparagement of his associates, he here avoids, as will be observed, all mention of the name of the person for whose fatal pro that interesting item to come out, as it did many years afterward, when the most of those who could have borne testiraves, and when the dama could be comfortably fastened to the name of Patrick Henry without the direct intervention of Jefferson's own hands Accordingly, in 1816, a French gentlehbor of Jefferson's, who enjoyed ”the incalculable benefit of a free access to Mr Jefferson's library,”[270] and rote the continuation of Burk's ”History of Virginia” under Jefferson's very eye,[271] gave in that work a highly wrought account of the alleged conspiracy of Dece less than the substitution of a despotic in lieu of a li the accusation down froeneralities of condemnation in which Jefferson hi this sentence: ”That Mr Henry was the person in view for the dictatorshi+p, is well ascertained”[272]

Finally, in 1817, William Wirt, whose ”Life of Henry” was likewise coards instruction and oversight furnished by Jefferson, repeated the fearful tale, and added soood lawyer and just man, as he was--to direct attention to the absence of all evidence of any collusion on the part of Patrick Henry with the projected folly and criislature,” says Wirt, ”gave way; and, in a season of despair, the mad project of a dictator was seriously ht of for this office, has been alleged, and is highly probable; but that the project was suggested by him, or even received his countenance, I have met with no one ill venture to affirm There is a tradition that Colonel Archibald Cary, the speaker of the Senate, was principally instru Colonel Syme, the step-brother of Colonel Henry, in the lobby of the House, he accosted him very fiercely in terms like these: 'I am told that your brother wishes to be dictator Tell him from me, that the day of his appointer in his heart before the sunset of that day' And the tradition adds that Colonel Syitation, declared that 'if such a project existed, his brother had no hand in it; for that nothing could be n to hier, in the most distant manner, the liberties of his country' The intrepidity and violence of Colonel Cary's character renders the tradition probable; but it furnishes no proof of Mr Henry's implication in the scheme”[273]

A disinterested study of this subject, in the light of all the evidence now attainable, will be likely to convince any one that this enorely a result of the extre in the use of the word ”dictator,”

and of its being employed, on the one side, in an innocent sense, and, on the other side, in a guilty one In strict propriety, of course, the word designates a ency of public peril, and clothed for a time with unlimited power It is an extreerous, and can never be innocently resorted to except when the necessity for it is indubitable; and itpeople and institutions like our own, a necessity can ever arise which would justify the terant of unlimited power to anyus can, without dire political guilt, ever consent to bestow such power; and that no uilt, ever consent to receive it

Yet it is plain that even aencies of terrific public peril did arise, sufficient to justify, nay, even to coovernor of soeneral of the armies, not of unlimited power, certainly, but of extraordinary power,--such extraordinary power, for exaress, islature of South Carolina on Governor John Rutledge; as was repeatedly conferred by the legislature of Virginia upon Governor Patrick Henry; and afterward, in still higher degree, by the saislature, on Governor Tho then attached to the word ”dictator,” that it was not uncommon for men to speak of these very cases as examples of the bestowment of a dictatorshi+p, and of the exercise of dictatorial power; although, in every one of the casesthe essential feature of a true dictatorshi+p, narant of unlimited power to one man It is perfectly obvious, likewise, that when, in those days, men spoke thus of a dictatorshi+p, and of dictatorial power, they attached no suggestion of political guilt either to the persons who bestowed such power, or to the persons who severally accepted it,--the tacit understanding being that, in every instance, the public danger required and justified soranted than was necessary; and that the rant was ood reason to believe, the grant could be made with safety Obviously, it was upon this tacit understanding of itsthat the as used, for instance, by Edinia Constitutional Convention, when, alluding to the extraordinary power bestowed by Congress on Washi+ngton, he said: ”We had an American dictator in 1781” Surely, Randolph did not ress which ton himself who consented to be , also, that Patrick Henry, in reply to Randolph, took up the word, and extolled the grant of dictatorial power to Washi+ngton on the occasion referred to: ”Ina dictator,” said Henry, ”we followed the exananiers, this power has been given Rome has furnished us with an illustrious example Ainia for hiloriously, and which were renderedit up”[274]

Thus it is apparent that the word ”dictator” was frequently used in those times in a sense perfectly innocent As allthe possibilities of dreadful political crime; and it is not hard to see hohen employed by one person to describe the bestow a perfectly innocent proposition, it could be easily taken by another person as describing the bestow a proposition which a us, probably, would always be a criive us, let us now return to the General asse the close of its first session, in the latter part of Deceain until the latter part of March, 1777 At thatnews from the seat of war, it was forced tothe interval which must elapse before its next session Its journal indicates that, prior to the 20th of Dece with its business in a quiet way, under no apparent consciousness of imminent peril On that day, however, there are traces of a panic; for, on that day, ”The Virginia Gazette” announced to the of the Delaware by the British forces, fro; the position of General Washi+ngton, at Bristol, on the south side of the river, with only six thousand ress fro would it be before the Continental army would be dispersed or captured, and the troops of the eneinia? Accordingly, the House of Delegates immediately resolved itself into ”a committee to take into their consideration the state of A able to reach any decision that day, it voted to resu, and for that purpose to meet an hour earlier than usual So, on Saturday, the 21st of December, the House passed a series of resolutions intended to provide for the crisis into which the country was plunged, and, a the other resolutions, this:--

”And whereas the present ier of Aood people of this Commonwealth, and their posterity, calls for the utth, and it is become necessary for the preservation of the State that the usual for a liorous and effectual measures to repel the invasion of the eneovernor be, and he is hereby fully authorized and empowered, by and with the advice and consent of the privy council, fro of the General assembly, to carry into execution such requisitions as ress for the purpose of encountering or repelling the enemy; to order the three battalions on the pay of this Commonwealth to march, if necessary, to join the Continental army, or to the assistance of any of our sister States; to call forth any and such greater e requisite, either by ei additional battalions, appointing and co the proper officers, and to direct their operations within this Coenerals or other officers according to their respective ranks, or order them to march to join and act in concert with the Continental army, or the troops of any of the American States; and to provide for their pay, supply of provisions, are of this Co on the treasurer for the money which may be necessary from time to time; and the said treasurer is authorized to pay such warrants out of any public money which may be in his hands, and the General assembly will, at their next session, make ample provision for any deficiency which may happen But that this departure fro in this instance founded only on the ht not hereafter to be drawn into precedent”

These resolutions, having been pressed rapidly through the forms of the House, were at once carried up to the Senate for its concurrence

The answer of the Senate was pro to all the resolutions of the lower House, but proposing an iy of the particular resolution which we have just quoted Instead of this clause--”the usual forested the far more accurate and far more prudent expression which here follows,--”additional powers be given to the governor and council” This amendment was assented to by the House; and almost immediately thereafter it adjourned until the last Thursday in March, 1777, ”then to , or at such other place as the governor and council, for good reasons, may appoint”[276]

Such, undoubtedly, was the occasion on which, if at any ti that session, the project for a dictatorshi+p in Virginia was under consideration by the House of Delegates The only evidence for the reality of such a project is derived froh aprocured, on the 29th of the previousthe remainder of the session[277] Is it not probable that the whole terrible plot, as it afterward lay in the inated in reports which reached him elsewhere, to the effect that, in the exciteer and over the need of energetic er, soovernor should be invested hat they perhaps called dictatorial power,thereby no more than extraordinary power; and that all the cri, which Jefferson attributed to the project, were siination, always sensitive and quick to take alarm on behalf of human liberty, and, on such a subject as this, easily set on fire by examples of awful political criestion, moreover, is not out of harh and most candid student of the subject, who says: ”I a reiven rise to the whole story about a proposed dictator at that tiotten: if the project of a dictatorshi+p, in the execrable sense affir that session, advocated by any man or by any cabal in the assee of it, and of all responsibility for it Not only has no tittle of evidence been produced, involving his connivance at such a schely furnished to posterity the most conclusive proof that no man in that body could have believed hiestion of so horrid a cri the autumn and early winter of 1776, of any participation in the foul plot to create a despotisinia, is it to be conceived that, at its very next session, in the spring of 1777, that assembly, composed of nearly the saovernorshi+p so profligate and dangerous a man, and that too without any visible opposition in either House? Yet that is precisely what the Virginia assembly did in May, 1777 Moreover, one year later, this saerous politician for his third and last perovernorshi+p, and it did so with the sa all that time, Thomas Jefferson was a member, and a inia assembly If, indeed, he then believed that his old friend, Patrick Henry, had stood ready in 1776, to coainst eneral,” why did he peristracy, without the record of even one brave effort against him on either occasion?

On the 26th of December, 1776, in accordance with the special authority thus conferred upon hiorous procla that the ”critical situation of American affairs” called for ”the utmost exertion of every sister State to put a speedy end to the cruel ravages of a haughty and inveterate enehts,” and ”earnestly exhorting and requiring” all the good people of Virginia to assist in the forht be required[279] The date of that proclaton's famous matutinal surprise of the Hessians at Trenton,--a bit of agement with the enemy near Princeton, on the 3d of January, 1777 On these and a very few other extre revolutionists had to nourish their burdened hearts forall that time, with his little army of tattered and barefoot warriors, hts of Morristohile the good-humored British commander, Sir William Howe, considerately abstained from any serioussu the winter and spring of 1777, as it had been in the previous autuinia's quota of troops, and of trying to furnish Virginia's share of military supplies,--no easy task, it should seeuor The official correspondence of the governor indicates the unsluy, the fertility of device hich, in spite of defective health, he devoted hireat desire for exact information as to the real situation at headquarters, Governor Henry had sent to Washi+ngton a secret er by the name of Walker, as to make his observations at Morristown and to report the results to hiton at once perceived the ely, on the 24th of February, 1777, he wrote to the governor, gently explaining why he could not receive Mr Walker as aobserver:--

”To avoid the precedent, therefore, and froh opinion I myself entertain of his abilities, honor, and prudence, I have taken him into my family as an extra aide-de-camp, and shall be happy if, in this character, he can answer your expectations I sincerely thank you, sir, for your kind congratulations on the late success of the Continental arms (would to God it may continue), and for your polite mention of inia for this army be forwarded on by companies, or otherwise, without delay, and as well equipped as possible for the field, or we shall be in no condition to open the caovernor wrote to Washi+ngton of the overwhel all his efforts to comply with the request mentioned in the letter just cited:--

”I a business of late goes on so badly, that there re the six new battalions from this State, voted by the assereat concern, and, after much reflection on the subject, are of opinion that the deficiency in our regulars can no way be supplied so properly as by enlisting volunteers

There is reason to believe a considerable nuht months I believe you can receive no assistance by drafts from the militia From the battalions of the Commonwealth none can be drawn as yet, because they are not half full Virginia will find soulars, when the difficulties lately thrown in our way are considered The Georgians and Carolinians have enlisted [in Virginia] probably two battalions at least A regireat forwardness Besides these, Colonels Baylor and Grayson are collecting regi for this State Add to all this our Indian wars and marine service, almost total want of necessaries, the false accounts of deserters,--many of whom lurk here,--the terrors of the smallpox and the many deaths occasioned by it, and the deficient enlistments are accounted for in the best manner I can As no time can be spared, I wish to be honored with your answer as soon as possible, in order to promote the volunteer schelad of any improvements on it that may occur to you I believe about four of the six battalions ular [return] of their state Their scattered situation, and being many of them in broken quotas, is a reason for their slowsince”[282]

The General asse of 1777, was required to elect a governor, to serve for one year from the day on which that session should end As no candidate was named in opposition to Patrick Henry, the Senate proposed to the House of Delegates that he should be reappointed without ballot This, accordingly, was done, by resolution of the latter body on the 29th of May, and by that of the Senate on the 1st of June On the 5th of June, the coovernor of this action laid before the House his answer:--

GENTLEMEN,--The signal honor conferred on overnor of this Co the favor of you to convey to them in the most acceptable h station to which I a to the best of my abilities, and I shall rely upon the candor and wisdoood of the Commonwealth shall be the only object ofto the success which shall attendto be presented to the assembly, and that they and you will be assured that I aard, their and your most obedient and very humble servant,