Moses Coit Tyler

On Friday, the 5th of July, 1776, Patrick Henry took the oath of office,[255] and entered upon his duties as governor of the commonwealth of Virginia. The salary attached to the position was fixed at one thousand pounds sterling for the year; and the governor was invited to take up his residence in the palace at Williamsburg. No one had resided in the palace since Lord Dunmore had fled from it; and the people of Virginia could hardly fail to note the poetic retribution whereby the very man whom, fourteen months before, Lord Dunmore had contemptuously denounced as “a certain Patrick Henry of Hanover County,” should now become Lord Dunmore’s immediate successor in that mansion of state, and should be able, if he chose, to write proclamations against Lord Dunmore upon the same desk on which Lord Dunmore had so recently written the proclamation against himself.

Among the first to bring their congratulations to the new governor, were his devoted friends, the first and second regiments of Virginia, who told [Pg 215] him that they viewed “with the sincerest sentiments of respect and joy” his accession to the highest office in the State, and who gave to him likewise this affectionate assurance: “our hearts are willing, and arms ready, to maintain your authority as chief magistrate.”[256] On the 29th of July, the erratic General Charles Lee, who was then in Charleston, sent on his congratulations in a letter amusing for its tart cordiality and its peppery playfulness:—

“I most sincerely congratulate you on the noble conduct of your countrymen; and I congratulate your country on having citizens deserving of the high honor to which you are exalted. For the being elected to the first magistracy of a free people is certainly the pinnacle of human glory; and I am persuaded that they could not have made a happier choice. Will you excuse me,—but I am myself so extremely democratical, that I think it a fault in your constitution that the governor should be eligible for three years successively. It appears to me that a government of three years may furnish an opportunity of acquiring a very dangerous influence. But this is not the worst.… A man who is fond of office, and has his eye upon reËlection, will be courting favor and popularity at the expense of his duty.… There is a barbarism crept in among us that extremely shocks me: I mean those tinsel epithets with which (I come in for my share) we are so beplastered,—‘his excellency,’ and ‘his honor,’ ‘the honorable president of the honorable congress,’ or ‘the honorable convention.’ This fulsome, nauseating cant may be well enough adapted to [Pg 216] barbarous monarchies, or to gratify the adulterated pride of the ‘magnifici’ in pompous aristocracies; but in a great, free, manly, equal commonwealth, it is quite abominable. For my own part, I would as lief they would put ratsbane in my mouth as the ‘excellency’ with which I am daily crammed. How much more true dignity was there in the simplicity of address amongst the Romans,—‘Marcus Tullius Cicero,’ ‘Decimo Bruto Imperatori,’ or ‘Caio Marcello Consuli,’—than to ‘his excellency Major-General Noodle,’ or to ‘the honorable John Doodle.’ … If, therefore, I should sometimes address a letter to you without the ‘excellency’ tacked, you must not esteem it a mark of personal or official disrespect, but the reverse.”[257]

Of all the words of congratulation which poured in upon the new governor, probably none came so straight from the heart, and none could have been quite so sweet to him, as those which, on the 12th of August, were uttered by some of the persecuted dissenters in Virginia, who, in many an hour of need, had learned to look up to Patrick Henry as their strong and splendid champion, in the legislature and in the courts. On the date just mentioned, “the ministers and delegates of the Baptist churches” of the State, being met in convention at Louisa, sent to him this address:—

May it please your Excellency,—As your advancement to the honorable and important station as governor of this commonwealth affords us unspeakable pleasure, we beg leave to present your excellency with our most cordial congratulations.[Pg 217]

Your public virtues are such that we are under no temptation to flatter you. Virginia has done honor to her judgment in appointing your excellency to hold the reins of government at this truly critical conjuncture, as you have always distinguished yourself by your zeal and activity for her welfare, in whatever department has been assigned you.

As a religious community, we have nothing to request of you. Your constant attachment to the glorious cause of liberty and the rights of conscience, leaves us no room to doubt of your excellency’s favorable regards while we worthily demean ourselves.

May God Almighty continue you long, very long, a public blessing to this your native country, and, after a life of usefulness here, crown you with immortal felicity in the world to come.

Signed by order:
Jeremiah Walker, Moderator.
John Williams, Clerk.

To these loving and jubilant words, the governor replied in an off-hand letter, the deep feeling of which is not the less evident because it is restrained,—a letter which is as choice and noble in diction as it is in thought:—

TO THE MINISTERS AND DELEGATES OF THE BAPTIST CHURCHES, AND THE MEMBERS OF THAT COMMUNION.

Gentlemen,—I am exceedingly obliged to you for your very kind address, and the favorable sentiments you are pleased to entertain respecting my conduct and the principles which have directed it. My constant endeavor shall be to guard the rights of all my fellow-citizens from every encroachment.[Pg 218]

I am happy to find a catholic spirit prevailing in our country, and that those religious distinctions, which formerly produced some heats, are now forgotten. Happy must every friend to virtue and America feel himself, to perceive that the only contest among us, at this most critical and important period, is, who shall be foremost to preserve our religious and civil liberties.

My most earnest wish is, that Christian charity, forbearance, and love, may unite all our different persuasions, as brethren who must perish or triumph together; and I trust that the time is not far distant when we shall greet each other as the peaceable possessors of that just and equal system of liberty adopted by the last convention, and in support of which may God crown our arms with success.

I am, gentlemen, your most obedient and very humble servant,

P. Henry, Jun.[258]

August 13, 1776.

On the day on which Governor Henry was sworn into office, the convention finally adjourned, having made provision for the meeting of the General Assembly on the first Monday of the following October. In the mean time, therefore, all the interests of the State were to be in the immediate keeping of the governor and privy council; and, for a part of that time, as it turned out, the governor himself was disabled for service. For we now encounter in the history of Patrick Henry, the first mention of that infirm health from which he seems to have suffered, in some degree, during the remaining twenty-three years of his life. Before [Pg 219] taking full possession of the governor’s palace, which had to be made ready for his use, he had likewise to prepare for this great change in his life by returning to his home in the county of Hanover. There he lay ill for some time;[259] and upon his recovery he removed with his family to Williamsburg, which continued to be their home for the next three years.

The people of Virginia had been accustomed, for more than a century, to look upon their governors as personages of very great dignity. Several of those governors had been connected with the English peerage; all had served in Virginia in a vice-regal capacity; many had lived there in a sort of vice-regal pomp and magnificence. It is not to be supposed that Governor Henry would be able or willing to assume so much state and grandeur as his predecessors had done; and yet he felt, and the people of Virginia felt, that in the transition from royal to republican forms the dignity of that office should not be allowed to decline in any important particular. Moreover, as a contemporary observer mentions, Patrick Henry had been “accused by the big-wigs of former times as being a coarse and common man, and utterly destitute of dignity; and perhaps he wished to show them that they were mistaken.”[260] At any rate, by the testimony of all, he seems to have displayed his usual judgment and skill in adapting himself to the requirements [Pg 220] of his position; and, while never losing his gentleness and his simplicity of manner, to have borne himself as the impersonation, for the time being, of the executive authority of a great and proud commonwealth. He ceased to appear frequently upon the streets; and whenever he did appear, he was carefully arrayed in a dressed wig, in black small-clothes, and in a scarlet cloak; and his presence and demeanor were such as to sustain, in the popular mind, the traditional respect for his high office.

He had so far recovered from the illness which had prostrated him during the summer, as to be at his post of duty when the General Assembly of the State began its first session, on Monday, the 7th of October, 1776. His health, however, was still extremely frail; for on the 30th of that month he was obliged to notify the House “that the low state of his health rendered him unable to attend to the duties of his office, and that his physicians had recommended to him to retire therefrom into the country, till he should recover his strength.”[261] His absence seems not to have been very long. By the 16th of November, as one may infer from entries in the journal of the House,[262] he was able to resume his official duties.

The summer and autumn of that year proved to be a dismal period for the American cause. Before our eyes, as we now look back over those days, there marches this grim procession of dates:[Pg 221] August 27, the battle of Long Island; August 29, Washington’s retreat across East River; September 15, the panic among the American troops at Kip’s Bay, and the American retreat from New York; September 16, the battle of Harlem Plains; September 20, the burning of New York; October 28, the battle of White Plains; November 16, the surrender of Fort Washington; November 20, the abandonment of Fort Lee, followed by Washington’s retreat across the Jerseys. In the midst of these disasters, Washington found time to write, from the Heights of Harlem, on the 5th of October, to his old friend, Patrick Henry, congratulating him on his election as governor of Virginia and on his recovery from sickness; explaining the military situation at headquarters; advising him about military appointments in Virginia; and especially giving to him important suggestions concerning the immediate military defence of Virginia “against the enemy’s ships and tenders, which,” as Washington says to the governor, “may go up your rivers in quest of provisions, or for the purpose of destroying your towns.”[263] Indeed, Virginia was just then exposed to hostile attacks on all sides;[264] and it was so plain that any attack by water would have found an easy approach to Williamsburg, that, in the course of the next few months, the public records and the public stores [Pg 222] were removed to Richmond, as being, on every account, a “more secure site.”[265] Apparently, however, the prompt recognition of this danger by Governor Henry, early in the autumn of 1776, and his vigorous military preparations against it, were interpreted by some of his political enemies as a sign both of personal cowardice and of official self-glorification,—as is indicated by a letter written by the aged Landon Carter to General Washington, on the 31st of October, and filled with all manner of caustic garrulity and insinuation,—a letter from which it may be profitable for us to quote a few sentences, as qualifying somewhat that stream of honeyed testimony respecting Patrick Henry which commonly flows down upon us so copiously from all that period.

“If I don’t err in conjecture,” says Carter, “I can’t help thinking that the head of our Commonwealth has as great 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 man. As soon as the Congress sent for our first, third, fourth, fifth, and sixth regiments to assist you in contest against the enemy where they really were … there got a report among the soldiery that Dignity had declared it would not reside in Williamsburg without two thousand men under arms to guard him. This had like to have occasioned a mutiny. A desertion of many from the several companies did follow; boisterous fellows resisting, and swearing they would not leave their [Pg 223] county.… What a finesse of popularity was this?… As soon as the regiments were gone, this great 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 companies of a minute battalion, to march to Williamsburg, to protect him only against his own fears; and to make this the more popular, it was endeavored that the House of Delegates should give it a countenance, but, as good luck would have it, it was with difficulty refused.[266] … Immediately then, … a bill is brought in to remove the seat of government,—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 more stupendous eruption of gossip which relates, in the first instance, to the latter part of December, 1776, and which alleges that a conspiracy was then formed among certain members of the General Assembly to make Patrick Henry the dictator of Virginia. The first intimation ever given to the public concerning it, was given by Jefferson several years afterward, in his “Notes on Virginia,” a fascinating brochure which was written 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:—[Pg 224]

“In December, 1776, our circumstances being much distressed, it was proposed in the House of Delegates 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 from a pure love of liberty, and a sense of injured rights, who determined to make every sacrifice and to meet every danger, for the reËstablishment of those rights on a firm basis, … must stand confounded and dismayed when he is told that a considerable portion of” the House “had meditated the surrender of them into a single hand, and in lieu of a limited monarchy, to deliver him over to a despotic one.… The very thought alone was treason against the people; was treason against man in general; as riveting forever the chains which bow down their necks, by giving to their oppressors a proof, which they would have trumpeted through the universe, of the imbecility of republican government, in times of pressing danger, to shield 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 [Pg 225] associates, he here avoids, as will be observed, all mention of the name of the person for whose fatal promotion this classic conspiracy was formed,—leaving that interesting item to come out, as it did many years afterward, when the most of those who could have borne testimony upon the subject were in their graves, and when the damning stigma could be comfortably fastened to the name of Patrick Henry without the direct intervention of Jefferson’s own hands. Accordingly, in 1816, a French gentleman, Girardin, a near neighbor of Jefferson’s, who enjoyed “the incalculable benefit of a free access to Mr. Jefferson’s library,”[270] and who wrote 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 December, 1776, as involving “nothing less than the substitution of a despotic in lieu of a limited monarch;” and then proceeded to bring the accusation down from those lurid generalities of condemnation in which Jefferson himself had cautiously left it, by adding this sentence: “That Mr. Henry was the person in view for the dictatorship, is well ascertained.”[272]

Finally, in 1817, William Wirt, whose “Life of Henry” was likewise composed under nearly the same inestimable advantages as regards instruction [Pg 226] and oversight furnished by Jefferson, repeated the fearful tale, and added some particulars; but, in doing so, Wirt could not fail—good 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 crime.

[Pg 227] A disinterested study of this subject, in the light of all the evidence now attainable, will be likely to convince any one that this enormous scandal must have been very largely a result of the extreme looseness at that time prevailing 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 magistrate created in an emergency of public peril, and clothed for a time with unlimited power. It is an extreme remedy, and in itself a remedy extremely dangerous, and can never be innocently resorted to except when the necessity for it is indubitable; and it may well be questioned whether, among people and institutions like our own, a necessity can ever arise which would justify the temporary grant of unlimited power to any man. If this be true, it follows that no man among us can, without dire political guilt, ever consent to bestow such power; and that no man can, without the same guilt, ever consent to receive it.

Yet it is plain that even among us, between the years 1776 and 1783, emergencies of terrific public peril did arise, sufficient to justify, nay, even to compel, the bestowment either upon the governor of some State, or upon the general of the armies, not of unlimited power, certainly, but of extraordinary power,—such extraordinary power, for example, as was actually conferred by the Continental Congress, more than once, on Washington;[Pg 228] as was conferred by the legislature 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 same legislature, on Governor Thomas Jefferson himself. Nevertheless, so loose was the meaning 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 dictatorship, and of the exercise of dictatorial power; although, in every one of the cases mentioned, there was lacking the essential feature of a true dictatorship, namely, the grant of unlimited power to one man. It is perfectly obvious, likewise, that when, in those days, men spoke thus of a dictatorship, 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 some grant of extraordinary power; that no more power was granted than was necessary; and that the man to whom, in any case, the grant was made, was a man to whom, there was good reason to believe, the grant could be made with safety. Obviously, it was upon this tacit understanding of its meaning that the word was used, for instance, by Edmund Randolph, in 1788, in the Virginia Constitutional Convention, when, alluding to the extraordinary power bestowed by Congress on Washington, he [Pg 229] said: “We had an American dictator in 1781.” Surely, Randolph did not mean to impute political crime, either to the Congress which made Washington a dictator, or to Washington himself who consented to be made one. It was upon the same tacit understanding, also, that Patrick Henry, in reply to Randolph, took up the word, and extolled the grant of dictatorial power to Washington on the occasion referred to: “In making a dictator,” said Henry, “we followed the example of the most glorious, magnanimous, and skilful nations. In great dangers, this power has been given. Rome has furnished us with an illustrious example. America found a person for that trust: she looked to Virginia for him. We gave a dictatorial power to hands that used it gloriously, and which were rendered more glorious by surrendering it up.”[274]

Thus it is apparent that the word “dictator” was frequently used in those times in a sense perfectly innocent. As all men know, however, the word is one capable of suggesting the possibilities of dreadful political crime; and it is not hard to see how, when employed by one person to describe the bestowment and acceptance of extraordinary power,—implying a perfectly innocent proposition, it could be easily taken by another person as describing the bestowment and acceptance of unlimited power,—implying a proposition which among us, probably, would always be a criminal one.[Pg 230]

With the help which this discussion may give us, let us now return to the General Assembly of Virginia, at Williamsburg, approaching the close of its first session, in the latter part of December, 1776. It was on the point of adjourning, not to meet again until the latter part of March, 1777. At that moment, by the arrival of most alarming news from the seat of war, it was forced to make special provision for the public safety during the interval which must elapse before its next session. Its journal indicates that, prior to the 20th of December, it had been proceeding 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 them the appalling news of “the crossing of the Delaware by the British forces, from twelve to fifteen thousand strong; the position of General Washington, at Bristol, on the south side of the river, with only six thousand men;” and the virtual flight of Congress from Philadelphia.[275] At this rate, how long would it be before the Continental army would be dispersed or captured, and the troops of the enemy sweeping in vengeance across the borders of Virginia? Accordingly, the House of Delegates immediately resolved itself into “a committee to take into their consideration the state of America;” but not being able to reach any decision that day, it voted to resume the subject on the day following, and for [Pg 231] 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, among the other resolutions, this:—

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 promptly returned, agreeing to all the resolutions of the lower House, but proposing an important amendment in the phraseology of the particular resolution which we have just quoted. Instead of this clause—“the usual forms of government should be suspended,” it suggested 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 meet in the city of Williamsburg, or at such other place as the governor and council, for good reasons, may appoint.”[276]

[Pg 233] Such, undoubtedly, was the occasion on which, if at any time during that session, the project for a dictatorship in Virginia was under consideration by the House of Delegates. The only evidence for the reality of such a project is derived from the testimony of Jefferson; and Jefferson, though a member of the House, was not then in attendance, having procured, on the 29th of the previous month, permission to be absent during the remainder of the session.[277] Is it not probable that the whole terrible plot, as it afterward lay in the mind of Jefferson, may have originated in reports which reached him elsewhere, to the effect that, in the excitement of the House over the public danger and over the need of energetic measures against that danger, some members had demanded that the governor should be invested with what they perhaps called dictatorial power, meaning thereby no more than extraordinary power; and that all the criminal accretions to that meaning, which Jefferson attributed to the project, were simply the work of his own imagination, 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 crime which would occur to him from Roman history? This suggestion, moreover, is not out of harmony with one which has been made by a thorough and most candid student of the subject, who says: “I am very much inclined to think that some sneering [Pg 234] remark of Colonel Cary, on that occasion, has given rise to the whole story about a proposed dictator at that time.”[278]

At any rate, this must not be forgotten: if the project of a dictatorship, in the execrable sense affirmed by Jefferson, was, during that session, advocated by any man or by any cabal in the Assembly, history must absolve Patrick Henry of all knowledge of it, and of all responsibility for it. Not only has no tittle of evidence been produced, involving his connivance at such a scheme, but the Assembly itself, a few months later, unwittingly furnished to posterity the most conclusive proof that no man in that body could have believed him to be smirched with even the suggestion of so horrid a crime. Had Patrick Henry been suspected, during the autumn and early winter of 1776, of any participation in the foul plot to create a despotism in Virginia, is it to be conceived that, at its very next session, in the spring of 1777, that Assembly, composed of nearly the same members as before, would have reËlected to the governorship 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 same Assembly reËlected this same profligate and dangerous politician for his third and last permissible year in the governorship, and it did so with the same unbroken unanimity. Moreover, during [Pg 235] all that time, Thomas Jefferson was a member, and a most conspicuous and influential member, of the Virginia Assembly. If, indeed, he then believed that his old friend, Patrick Henry, had stood ready in 1776, to commit “treason against the people” of America, and “treason against mankind in general,” why did he permit the traitor to be twice reËlected to the chief magistracy, 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 him by the General Assembly, Governor Henry issued a vigorous proclamation, declaring 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 enemy, and secure our invaluable rights,” and “earnestly exhorting and requiring” all the good people of Virginia to assist in the formation of volunteer companies for such service as might be required.[279] The date of that proclamation was also the date of Washington’s famous matutinal surprise of the Hessians at Trenton,—a bit of much-needed good luck, which was followed by his fortunate engagement with the enemy near Princeton, on the 3d of January, 1777. On these and a very few other extremely small crumbs of comfort, the struggling revolutionists had to nourish their burdened hearts for many a month thereafter;[Pg 236] Washington himself, during all that time, with his little army of tattered and barefoot warriors, majestically predominating over the scene from the heights of Morristown; while the good-humored British commander, Sir William Howe, considerately abstained from any serious military disturbance until the middle of the following summer. Thus the chief duty of the governor of Virginia, during the winter and spring of 1777, as it had been in the previous autumn, was that of trying to keep in the field Virginia’s quota of troops, and of trying to furnish Virginia’s share of military supplies,—no easy task, it should seem, in those times of poverty, confusion, and patriotic languor. The official correspondence of the governor indicates the unslumbering anxiety, the energy, the fertility of device with which, in spite of defective health, he devoted himself to these hard tasks.[280]

In his great desire for exact information as to the real situation at headquarters, Governor Henry had sent to Washington a secret messenger by the name of Walker, who was to make his observations at Morristown and to report the results to himself. Washington at once perceived the embarrassments to which such a plan might lead; and accordingly, on the 24th of February, 1777,[Pg 237] he wrote to the governor, gently explaining why he could not receive Mr. Walker as a mere visiting observer:—

On the 29th of the following month, the governor wrote to Washington of the overwhelming difficulty attending all his efforts to comply with the request mentioned in the letter just cited:—

The General Assembly of Virginia, at its session in the spring 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 [Pg 239] 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 committee appointed to inform the governor of this action laid before the House his answer:—

After a perusal of this nobly written letter, the gentle reader will have no difficulty in concluding that, if indeed the author of it was then lying in wait for an opportunity to set up a despotism in Virginia, he had already become an adept in the hypocrisy which enabled him, not only to conceal the fact, but to convey an impression quite the opposite.

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