Читать книгу Patrick Henry - Moses Coit Tyler - Страница 15

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It is not in the least strange that the noble-minded clergyman, who was the plaintiff in the famous cause of the Virginia parsons, should have been deeply offended by the fierce and victorious eloquence of the young advocate on the opposite side, and should have let fall, with reference to him, some bitter words. Yet it could only be in a moment of anger that any one who knew him could ever have said of Patrick Henry that he was disposed “to trample under foot the interests of religion,” or that he had any ill-will toward the church or its ministers. It is very likely that, in the many irritations growing out of a civil establishment of the church in his native colony, he may have shared in feelings that were not uncommon even among devout churchmen there; but in spite of this, then and always, to the very end of his life, his most sacred convictions and his tenderest affections seem to have been on the side of the institutions and ministers of Christianity, and even of Christianity in its historic form. Accordingly, both before and after his great speech, he tried to indicate to the good men whose legal [Pg 57] claims it had become his professional duty to resist, that such resistance must not be taken by them as implying on his part any personal unkindness. To his uncle and namesake, the Reverend Patrick Henry, who was even then a plaintiff in a similar suit, and whom he had affectionately persuaded not to remain at the courthouse to hear the coming speech against the pecuniary demands of himself and his order, he said “that the clergy had not thought him worthy of being retained on their side,” and that “he knew of no moral principle by which he was bound to refuse a fee from their adversaries.”[57] So, too, the conciliatory words, which, after the trial, he tried to speak to the indignant plaintiff, and which the latter has reported in the blunt form corresponding to his own angry interpretation of them, after all may have borne the better meaning given to them by Bishop Meade, who says that Patrick Henry, in his apology to Maury, “pleaded as an excuse for his course, that he was a young lawyer, a candidate for practice and reputation, and therefore must make the best of his cause.”[58]

These genial efforts at pacification are of rather more than casual significance: they are indications of character. They mark a distinct quality of the man’s nature, of which he continued to give evidence during the rest of his life—a certain sweetness of spirit, which never deserted him through [Pg 58] all the stern conflicts of his career. He was always a good fighter: never a good hater. He had the brain and the temperament of an advocate; his imagination and his heart always kindled hotly to the side that he had espoused, and with his imagination and his heart always went all the rest of the man; in his advocacy of any cause that he had thus made his own, he hesitated at no weapon either of offence or of defence; he struck hard blows—he spoke hard words—and he usually triumphed; and yet, even in the paroxysms of the combat, and still more so when the combat was over, he showed how possible it is to be a redoubtable antagonist without having a particle of malice.

Then, too, from this first great scene in his public life, there comes down to us another incident that has its own story to tell. In all the roar of talk within and about the courthouse, after the trial was over, one “Mr. Cootes, merchant of James River,” was heard to say that “he would have given a considerable sum out of his own pocket rather than his friend Patrick should have been guilty of a crime but little, if any thing, inferior to that which brought Simon Lord Lovat to the block,”—adding that Patrick’s speech had “exceeded the most seditious and inflammatory harangues of the Tribunes of Old Rome.”[59] Here, then, thus early in his career, even in this sorrowful and alarmed criticism on the supposed error of [Pg 59] his speech, we find a token of that loving interest in him and in his personal fate, which even in those days began to possess the heartstrings of many a Virginian all about the land, and which thenceforward steadily broadened and deepened into a sort of popular idolization of him. The mysterious hold which Patrick Henry came to have upon the people of Virginia is an historic fact, to be recognized, even if not accounted for. He was to make enemies in abundance, as will appear; he was to stir up against himself the alarm of many thoughtful and conservative minds, the deadly hatred of many an old leader in colonial politics, the deadly envy of many a younger aspirant to public influence; he was to go on ruffling the plumage and upsetting the combinations of all sorts of good citizens, who, from time to time, in making their reckonings without him, kept finding that they had reckoned without their host. But for all that, the willingness of this worthy Mr. Cootes of James River to part with his money, if need be, rather than his friend Patrick should go far wrong, seems to be one token of the beginning of that deep and swelling passion of love for him that never abated among the mass of the people of Virginia so long as Patrick lived, and perhaps has never abated since.

It is not hard to imagine the impulse which so astonishing a forensic success must have given to the professional and political career of the young advocate. Not only was he immediately retained [Pg 60] by the defendants in all the other suits of the same kind then instituted in the courts of the colony, but, as his fee-books show, from that hour his legal practice of every sort received an enormous increase. Moreover, the people of Virginia, always a warm-hearted people, were then, to a degree almost inconceivable at the North, sensitive to oratory, and admirers of eloquent men. The first test by which they commonly ascertained the fitness of a man for public office, concerned his ability to make a speech; and it cannot be doubted that from the moment of Patrick Henry’s amazing harangue in the “Parsons’ Cause,”—a piece of oratory altogether surpassing anything ever before heard in Virginia—the eyes of men began to fasten upon him as destined to some splendid and great part in political life.

During the earlier years of his career, Williamsburg was the capital of the colony—the official residence of its governor, the place of assemblage for its legislature and its highest courts, and, at certain seasons of the year, the scene of no little vice-regal and provincial magnificence.

Thither our Patrick had gone in 1760 to get permission to be a lawyer. Thither he now goes once more, in 1764, to give some proof of his quality in the profession to which he had been reluctantly admitted, and to win for himself the first of a long series of triumphs at the colonial capital—triumphs which gave food for wondering talk to all his contemporaries, and long lingered in the [Pg 61] memories of old men. Soon after the assembling of the legislature, in the fall of 1764, the committee on privileges and elections had before them the case of James Littlepage, who had taken his seat as member for the county of Hanover, but whose right to the seat was contested, on a charge of bribery and corruption, by Nathaniel West Dandridge. For a day or two before the hearing of the case, the members of the house had “observed an ill-dressed young man sauntering in the lobby,” apparently a stranger to everybody, moving “awkwardly about … with a countenance of abstraction and total unconcern as to what was passing around him;” but who, when the committee convened to consider the case of Dandridge against Littlepage, at once took his place as counsel for the former. The members of the committee, either not catching his name or not recalling the association attaching to it from the scene at Hanover Court House nearly a twelvemonth before, were so affected by his rustic and ungainly appearance that they treated him with neglect and even with discourtesy; until, when his turn came to argue the cause of his client, he poured forth such a torrent of eloquence, and exhibited with so much force and splendor the sacredness of the suffrage and the importance of protecting it, that the incivility and contempt of the committee were turned into admiration.[60] Nevertheless, it appears from the journals of the House that, whatever may have [Pg 62] been the admiration of the committee for the eloquence of Mr. Dandridge’s advocate, they did not award the seat to Mr. Dandridge.

Such was Patrick Henry’s first contact with the legislature of Virginia—a body of which he was soon to become a member, and over which, in spite of the social prestige, the talents, and the envious opposition of its old leaders, he was promptly to gain an ascendancy that constituted him, almost literally, the dictator of its proceedings, so long as he chose to hold a place in it. On the present occasion, having finished the somewhat obscure business that had brought him before the committee, it is probable that he instantly disappeared from the scene, not to return to it until the following spring, when he came back to transact business with the House itself. For, early in May, 1765, a vacancy having occurred in the representation for the county of Louisa, Patrick Henry, though not then a resident in that county, was elected as its member. The first entry to be met with in the journals, indicating his presence in the House, is that of his appointment, on the 20th of May, as an additional member of the committee for courts of justice. Between that date and the 1st of June, when the House was angrily dissolved by the governor, this young and very rural member contrived to do two or three quite notable things—things, in fact, so notable that they conveyed to the people of Virginia the tidings of the advent among them of a great political [Pg 63] leader, gave an historic impulse to the series of measures which ended in the disruption of the British Empire, and set his own name a ringing through the world—not without lively imputations of treason, and comforting assurances that he was destined to be hanged.

The first of these notable things is one which incidentally throws a rather painful glare on the corruptions of political life in our old and belauded colonial days. The speaker of the House of Burgesses at that time was John Robinson, a man of great estate, foremost among all the landed aristocracy of Virginia. He had then been speaker for about twenty-five years; for a long time, also, he had been treasurer of the colony; and in the latter capacity he had been accustomed for many years to lend the public money, on his own private account, to his personal and political friends, and particularly to those of them who were members of the House. This profligate business had continued so long that Robinson had finally become a defaulter to an enormous amount; and in order to avert the shame and ruin of an exposure, he and his particular friends, just before the arrival of Patrick Henry, had invented a very pretty device, to be called a “public loan office,”—“from which monies might be lent on public account, and on good landed security, to individuals,” and by which, as was expected, the debts due to Robinson on the loans which he had been granting might be “transferred to the public, and his deficit thus [Pg 64] completely covered.”[61] Accordingly, the scheme was brought forward under nearly every possible advantage of influential support. It was presented to the House and to the public as a measure eminently wise and beneficial. It was supported in the House by many powerful and honorable members who had not the remotest suspicion of the corrupt purpose lying at the bottom of it. Apparently it was on the point of adoption when, from among the members belonging to the upper counties, there arose this raw youth, who had only just taken his seat, and who, without any information respecting the secret intent of the measure, and equally without any disposition to let the older and statelier members do his thinking for him, simply attacked it, as a scheme to be condemned on general principles. From the door of the lobby that day there stood peering into the Assembly Thomas Jefferson, then a law student at Williamsburg, who thus had the good luck to witness the début of his old comrade. “He laid open with so much energy the spirit of favoritism on which the proposition was founded, and the abuses to which it would lead, that it was crushed in its birth.”[62] He “attacked the scheme … in that style of bold, grand, and overwhelming eloquence for which he became so justly celebrated afterwards. He carried with him all the members of the upper counties, and left a minority composed merely of [Pg 65] the aristocracy of the country. From this time his popularity swelled apace; and Robinson dying four years after, his deficit was brought to light, and discovered the true object of the proposition.”[63]

But a subject far greater than John Robinson’s project for a loan office was then beginning to weigh on men’s minds. Already were visible far off on the edge of the sky, the first filmy threads of a storm-cloud that was to grow big and angry as the years went by, and was to accompany a political tempest under which the British Empire would be torn asunder, and the whole structure of American colonial society wrenched from its foundations. Just one year before the time now reached, news had been received in Virginia that the British ministry had announced in parliament their purpose to introduce, at the next session, an act for laying certain stamp duties on the American colonies. Accordingly, in response to these tidings, the House of Burgesses, in the autumn of 1764, had taken the earliest opportunity to send a respectful message to the government of England, declaring that the proposed act would be deemed by the loyal and affectionate people of Virginia as an alarming violation of their ancient constitutional rights. This message had been elaborately drawn up, in the form of an address to the king, a memorial to the House of Lords, and a remonstrance to the Commons;[64] the writers being a committee composed [Pg 66] of gentlemen prominent in the legislature, and of high social standing in the colony, including Landon Carter, Richard Henry Lee, George Wythe, Edmund Pendleton, Benjamin Harrison, Richard Bland, and even Peyton Randolph, the king’s attorney-general.

Meantime, to this appeal no direct answer had been returned; instead of which, however, was received by the House of Burgesses, in May, 1765, about the time of Patrick Henry’s accession to that body, a copy of the Stamp Act itself. What was to be done about it? What was to be done by Virginia? What was to be done by her sister colonies? Of course, by the passage of the Stamp Act, the whole question of colonial procedure on the subject had been changed. While the act was, even in England, merely a theme for consideration, and while the colonies were virtually under invitation to send thither their views upon the subject, it was perfectly proper for colonial pamphleteers and for colonial legislatures to express, in every civilized form, their objections to it. But all this was now over. The Stamp Act had been discussed; the discussion was ended; the act had been decided on; it had become a law. Criticism upon it now, especially by a legislative body, was a very different matter from what criticism upon it had been, even by the same body, a few months before. Then, the loyal legislature of Virginia had fittingly spoken out, concerning the contemplated act, its manly words of disapproval and of [Pg 67] protest; but now that the contemplated act had become an adopted act—had become the law of the land—could that same legislature again speak even those same words, without thereby becoming disloyal—without venturing a little too near the verge of sedition—without putting itself into an attitude, at least, of incipient nullification respecting a law of the general government?

It is perfectly evident that by all the old leaders of the House at that moment—by Peyton Randolph, and Pendleton, and Wythe, and Bland, and the rest of them—this question was answered in the negative. Indeed, it could be answered in no other way. Such being the case, it followed that, for Virginia and for all her sister colonies, an entirely new state of things had arisen. A most serious problem confronted them—a problem involving, in fact, incalculable interests. On the subject of immediate concern, they had endeavored, freely and rightfully, to influence legislation, while that legislation was in process; but now that this legislation was accomplished, what were they to do? Were they to submit to it quietly, trusting to further negotiations for ultimate relief, or were they to reject it outright, and try to obstruct its execution? Clearly, here was a very great problem, a problem for statesmanship—the best statesmanship anywhere to be had. Clearly this was a time, at any rate, for wise and experienced men to come to the front; a time, not for rash counsels, nor for spasmodic and isolated [Pg 68] action on the part of any one colony, but for deliberate and united action on the part of all the colonies; a time in which all must move forward, or none. But, thus far, no colony had been heard from: there had not been time. Let Virginia wait a little. Let her make no mistake; let her not push forward into any ill-considered and dangerous measure; let her wait, at least, for some signal of thought or of purpose from her sister colonies. In the meanwhile, let her old and tried leaders continue to lead.

Such, apparently, was the state of opinion in the House of Burgesses when, on the 29th of May, a motion was made and carried, “that the House resolve itself into a committee of the whole House, immediately to consider 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.”[65] On thus going into committee of the whole, to deliberate on the most difficult and appalling question that, up to that time, had ever come before an American legislature, the members may very naturally have turned in expectation to those veteran politicians and to those able constitutional lawyers who, for many years, had been accustomed to guide their deliberations, and who, especially in the last session, had taken charge of this very question of the Stamp Act. It will not be hard for us to imagine the [Pg 69] disgust, the anger, possibly even the alarm, with which many may have beheld the floor now taken, not by Peyton Randolph, nor Richard Bland, nor George Wythe, nor Edmund Pendleton, but by this new and very unabashed member for the county of Louisa—this rustic and clownish youth of the terrible tongue—this eloquent but presumptuous stripling, who was absolutely without training or experience in statesmanship, and was the merest novice even in the forms of the House.

For what precise purpose the new member had thus ventured to take the floor, was known at the moment of his rising by only two other members—George Johnston, the member for Fairfax, and John Fleming, the member for Cumberland. But the measureless audacity of his purpose, as being nothing less than that of assuming the leadership of the House, and of dictating the policy of Virginia in this stupendous crisis of its fate, was instantly revealed to all, as he moved a series of resolutions, which he proceeded to read from the blank leaf of an old law book, and which, probably, were as follows:—

“Whereas, the honorable House of Commons in England have of late drawn into question how far the General Assembly of this colony hath power to enact laws for laying of taxes and imposing duties, payable by the people of this, his majesty’s most ancient colony: for settling and ascertaining the same to all future times, the House of Burgesses of this present General Assembly have come to the following resolves:—[Pg 70]

“1. Resolved, That the first adventurers and settlers of this, his majesty’s colony and dominion, brought with them and transmitted to their posterity, and all other his majesty’s subjects, since inhabiting in this, his majesty’s said colony, all the privileges, franchises, and immunities that have at any time been held, enjoyed, and possessed, by the people of Great Britain.

“2. Resolved, That by two royal charters, granted by king James the First, the colonists aforesaid are declared entitled to all the privileges, liberties, and 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.

“3. 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 characteristic of British freedom, and without which the ancient constitution cannot subsist.

“4. Resolved, That his majesty’s liege people of this most ancient colony have uninterruptedly 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 and people of Great Britain.

“5. Resolved, therefore, That the General Assembly of this colony have the only and sole exclusive 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.[Pg 71]

“6. 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 or ordinances of the General Assembly aforesaid.

“7. 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 his majesty’s colony.”[66]

No reader will find it hard to accept Jefferson’s statement that the debate on these resolutions was “most bloody.” “They were opposed by Randolph, Bland, Pendleton, Nicholas, Wythe, and all the old members, whose influence in the House had till then been unbroken.”[67] There was every reason, whether of public policy or of private feeling, why the old party leaders in the House should now bestir themselves, and combine, and put forth [Pg 72] all their powers in debate, to check, and if possible to rout and extinguish, this self-conceited but most dangerous young man. “Many threats were uttered, and much abuse cast on me,” said Patrick himself, long afterward. Logic, learning, eloquence, denunciation, derision, intimidation, were poured from all sides of the House upon the head of the presumptuous intruder; but alone, or almost alone, he confronted and defeated all his assailants. “Torrents of sublime eloquence from Mr. Henry, backed by the solid reasoning of Johnston, prevailed.”[68]

It was sometime in the course of this tremendous fight, extending through the 29th and 30th of May, that the incident occurred which has long been familiar among the anecdotes of the Revolution, and which may be here recalled as a reminiscence not only of his own consummate mastery of the situation, but of a most dramatic scene in an epoch-making debate. Reaching the climax of a passage of fearful invective, on the injustice and the impolicy of the Stamp Act, he said in tones of thrilling solemnity, “Cæsar had his Brutus; Charles the First, his Cromwell; and George the Third [‘Treason,’ shouted the speaker. ‘Treason,’ ‘treason,’ rose from all sides of the room. The orator paused in stately defiance till these rude exclamations were ended, and then, rearing [Pg 73] himself with a look and bearing of still prouder and fiercer determination, he so closed the sentence as to baffle his accusers, without in the least flinching from his own position,]—and George the Third may profit by their example. If this be treason, make the most of it.”[69]

Of this memorable struggle nearly all other details have perished with the men who took part in it. After the House, in committee of the whole, had, on the 29th of May, spent sufficient time in the discussion, “Mr. Speaker resumed the chair,” says the Journal, “and Mr. Attorney reported that the said committee had had the said matter under consideration, and had come to several resolutions thereon, which he was ready to deliver in at the table. Ordered that the said report be received to-morrow.” It is probable that on the morrow the battle was renewed with even greater fierceness than before. The Journal proceeds: [Pg 74] “May 30. Mr. Attorney, from the committee of the whole House, reported according to order, that the committee had considered 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, and that they had come to several resolutions thereon, which he read in his place and then delivered at the table; when they were again twice read, and agreed to by the House, with some amendments.” Then were passed by the House, probably, the first five resolutions as offered by Henry in the committee, but “passed,” as he himself afterward wrote, “by a very small majority, perhaps of one or two only.”

Upon this final discomfiture of the old leaders, one of their number, Peyton Randolph, swept angrily out of the house, and brushing past young Thomas Jefferson, who was standing in the door of the lobby, he swore, with a great oath, that he “would have given five hundred guineas for a single vote.”[70] On the afternoon of that day, Patrick Henry, knowing that the session was practically ended, and that his own work in it was done, started for his home. He was seen “passing along Duke of Gloucester Street, … wearing buckskin breeches, his saddle bags on his arm, leading a lean horse, and chatting with Paul Carrington, who walked by his side.”[71]

[Pg 75]That was on the 30th of May. The next morning, the terrible Patrick being at last quite out of the way, those veteran lawyers and politicians of the House, who had found this young protagonist alone too much for them all put together, made bold to undo the worst part of the work he had done the day before; they expunged the fifth resolution. In that mutilated form, without the preamble, and with the last three of the original resolutions omitted, the first four then remained on the journal of the House as the final expression of its official opinion. Meantime, on the wings of the wind, and on the eager tongues of men, had been borne, past recall, far northward and far southward, the fiery unchastised words of nearly the entire series, to kindle in all the colonies a great flame of dauntless purpose;[72] while Patrick [Pg 76] himself, perhaps then only half conscious of the fateful work he had just been doing, travelled homeward along the dusty highway, at once the jolliest, the most popular, and the least pretentious man in all Virginia, certainly its greatest orator, possibly even its greatest statesman.