Virginia Resolutions “of an extraordinary Nature” in Newport

Two hundred fifty years ago today, on 24 June 1765, the Newport Mercury carried an item about the Stamp Act. That wasn’t unusual—American newspapers were starting to fill with essays warning about Parliament’s new law. The Mercury story was unusual for two reasons:

• It printed resolutions that the Virginia House of Burgesses had debated, adopted, and in one case retracted at the end of May. Under pressure from Gov. Francis Fauquier, the Virginia newspapers hadn’t reported any of that story. So the Rhode Island paper had a scoop.
• The Rhode Island paper got the story wrong. 

The article began:

Extract of a Letter from a Gentleman in Philadelphia, to his Friend in this Town, dated last Tuesday.

“I have inclosed the Resolves of the Virginia Assembly, on debating the Stamp Act. The Governor, as soon as he heard what they were about, sent for them, and without Preamble, told them, he would dissolve them; and that Minute they were dissolved. As they are of an extraordinary Nature, thought they might not be disagreeable. They are as follows.”

Then came the six resolves.

Six? The Burgesses had approved five resolves, then pulled one back. So how did the Mercury report six? To start with, the newspaper omitted the third of the passed resolutions (“That the Taxation of the People…”). It did print the fifth, which the Burgesses passed on 30 May and then repealed on 31 May.

But the letter from Philadelphia also included two resolutions that the Virginia legislature had never passed, and apparently never officially considered. They read:

Resolved, That his Majesty’s liege People, the Inhabitants of this Colony, are not bound to yield Obedience to any Law or Ordinance whatever, designed to impose any Taxation whatsoever upon them, other than the Laws and Ordinances of the General Assembly aforesaid.

Resolved, That any Person, who shall, by speaking or writing, assert or maintain that any Person or Persons, other than the General Assembly of this Colony, have any Right or Power to impose or lay any Taxation on the People here, shall be deemed an Enemy to this his Majesty’s Colony.

Those resolutions were even more confrontational toward Parliament and its appointees and supporters than the one that got repealed.

What happened? Recall that Gov. Fauquier reported to London:

I am informed the gentlemen had two more resolutions in their pocket, but finding the difficulty they had in carrying the 5th which was by a single voice, and knowing them to be more virulent and inflammatory; they did not produce them.

But those gentlemen might have been unable to resist sending the drafts to friends in Philadelphia, who in turn passed them on to other friends in other colonies. Patrick Henry didn’t record those last two resolutions in his personal papers, as he did the previous five, so it’s unclear whether he wrote them or someone else did.

In any event, the gentleman who wrote to Newport from Philadelphia, and the people who read the Newport Mercury, apparently believed that the Virginia Burgesses had approved all six of the resolutions that appeared in the newspaper. So did the readers of the 1 July Boston Post-Boy, which reprinted the item from Newport.

And gradually the story spread across the British Empire, making people believe that Virginia, the oldest and largest of the British colonies in the New World, had taken an even firmer stand against the Stamp Act than it ever had.

Virginia Takes an Even Less Firm Stand Against the Stamp Act

None of Virginia’s established political leaders liked the Stamp Act. Gov. Francis Fauquier (shown here) had advised his superiors in London against it. John Robinson, speaker of the House of Burgesses, and Peyton Randolph, attorney general, had both protested the possibility.

But once Parliament did pass the Stamp Act in early 1765, those politicians felt that Virginia should be careful about defying it. Certainly more careful than rookie lawmaker Patrick Henry was in the debates on 29-30 May 1765.

Despite that powerful opposition, which also included the highly respected lawyer George Wythe, Henry won over the “young hot and giddy” members of the house. On 30 May 1765 they passed five bold resolutions insisting that only a Virginia legislature could tax Virginians. The fifth went so far as to say that a law like the Stamp Act “has a manifest Tendency to destroy British as well as American Freedom.”

Then Henry headed home, as most of the other burgesses already had. Gov. Fauquier and the other establishment figures seized the opportunity. The governor explained to London:

On Friday the 31st there having happened a small alteration in the House there was an attempt to strike all the Resolutions off the Journals. The 5th which was thought the most offensive was accordingly struck off, but it did not succeed as to the other four.

A letter printed in the London Gazetteer joked that “Resolves were passed one day, and erased the next.” Indeed, the official record of the House of Burgesses for 1765 doesn’t acknowledge the fifth of Henry’s resolutions. And none of the resolutions, even those that remained on the record, appeared in any of the Virginia Gazette newspapers then being published in the capital.

On 1 June, Gov. Fauquier dissolved the legislature to keep things under control. The House of Burgesses wouldn’t convene again for over a year.

The governor knew that opponents of the Stamp Act were fervent, but he hoped they had been contained. His report to London added:

I am informed the gentlemen had two more resolutions in their pocket, but finding the difficulty they had in carrying the 5th which was by a single voice, and knowing them to be more virulent and inflammatory; they did not produce them.

Those resolutions would eventually come out. I’ll get to them later this year.

It’s notable that Randolph and Wythe, who argued strenuously against all five resolutions, later became leading supporters of the Patriot movement. (Robinson and Fauquier died within three years.) They weren’t ready to be radical in 1765, but eventually Patrick Henry’s arguments became the norm.

Virginia Considers a Firm Stand Against the Stamp Act

Britain’s North American colonies had a chance to weigh in on the Stamp Act before Parliament passed it, as described back here. All of them said it would be a Bad Thing. Few or none offered any alternative way for the Crown to raise revenue for its army on the continent. So Prime Minister George Grenville proposed the law, and it sailed through.

News of the Stamp Act arrived in North America in early May 1765. Virginia was the oldest, largest, and most populous of Britain’s colonies on the continent at that time, and 250 years ago today its House of Burgesses took up the matter.

That legislature’s official record for 29 May 1765 concludes like this:

On a Motion made,

Resolved, That the House resolve itself into a Committee of the whole House immediately, to consider of the Steps necessary to be taken in Consequence of the Resolutions of the House of Commons of Great Britain relative to the charging certain Stamp Duties in the Colonies and Plantations in America.

The House accordingly resolved itself into the said Committee, and after some Time spent therein Mr. Speaker resumed the Chair, and Mr. Attorney reported that the said Committee had had the said Matter under their Consideration, and had come to several s Resolutions thereon, which he was ready to deliver in at the Table.

Ordered, That the said Report be received Tomorrow.

By becoming a committee of the whole, the burgesses could set aside their usual procedures and record-keeping to debate more freely.

The speaker of the house was John Robinson. He was also the province’s treasurer. He had held both offices since 1738, or for more than a quarter-century. That turned out to have been a Bad Thing, as Virginians discovered the next year when he died suddenly and they checked his books.

The colony’s attorney general was Peyton Randolph, shown above. He had been the principal author of the colony’s objections to the proposed Stamp Act, which had yet to receive an official reply from London. Randolph had also served in his office for a long time: since 1744, with a one-year interruption. His father had held the same office before him. Virginia didn’t like change.

The principal author of the proposed resolutions, however, was a newcomer: a young lawyer named Patrick Henry. He had been elected partway through the year to fill an empty seat and had arrived in Williamsburg only nine days before. Nonetheless, he had things to say about the new Stamp Act.

Near the end of his life, Henry wrote:

I had been for the first time elected a Burgess a few days before, was young, inexperienced, unacquainted with the forms of the House, and the members that composed it. Finding the men of weight averse to opposition, and the commencement of the tax at hand, and that no person was likely to step forth, I determined to venture, and alone, unadvised, and unassisted, on a blank leaf of an old law-book, wrote the within.

This is what the older Henry put down as his draft version of the resolutions:

Resolved, That the first Adventurers and Settlers of this his Majesties Colony and Dominion brought with them and transmitted to their Posterity and all other his Majestie’s Subjects since inhabiting in this his Majestie’s said Colony all the Priviledges, Franchises & Immunities that have at any Time been held, enjoyed, & possessed by the People of Great Britain.

Resolved, That by the two royal Charters granted by King James the first the Colonists aforesaid are declared intituled to all the Priviledges, Liberties & Immunities of Denizens and natural born Subjects to all Intents and Purposes as if they had been abiding and born within the Realm of England.

Resolved, That the Taxation of the People by themselves or by Persons chosen by themselves to represent them who can only know what Taxes the People are able to bear and the easiest Mode of raising them and are equally affected by such Taxes themselves is the distinguishing Characteristick of British Freedom and without which the ancient Constitution cannot subsist.

Resolved, That his Majestie’s liege People of this most ancient Colony have uninteruptedly enjoyed the Right of being thus governed by their own assembly in the Article of their Taxes and internal Police and that the same hath never been forfeited or any other Way given up but hath been constantly recognized by the Kings of People of Great Britain.

Resolved, Therefore that the General Assembly of this Colony have the only and sole exclusive Right & Power to lay Taxes & 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.

Those were very strong words for 1765.

Gov. Francis Fauquier complained to his superiors in London about how this complaint was brought up:

just at the end of the Session when most of the members had left the town, there being but 39 present out of 116 of which the House of Burgesses now consists, a motion was made to take into consideration the Stamp Act, a copy of which had crept into the House, and in a Committee of the whole House five resolutions were proposed and agreed to, all by very small majorities.

Though the top brass of the Virginia burgesses didn’t like the Stamp Act, they really didn’t like change. Still, once the committee of the whole had approved those resolutions, the house had to vote on them.

TOMORROW: Debate in the House of Burgesses.