piftoles and miffiffippi
While covering a law April 1759 we run into those two words.
Miffiffippi? That's Mississippi, where the letter "s" looks like an "f." The rule states that when a word ends in an "s," then that "s" will look like the modern "s." Earlier in the word, that "s" is going to look like an "f." That is why you see piftoles which in modern font would be pistoles.
I just don't know why the publishers of the House of Burgess Journals chose to show every double s in the long form S. Whereas when there is a double s in The Declaration of Independence. The first s of the double s is long form but the 2nd s is like the modern s. This Note was added on 5/21/2023 because of a reader's observation the the real rules of long form S and the modern s correspond to what you see in the Declaration of Indepence.
And, piftoles?
That's realy Pistoles. That's not hand guns. That's a spanish coin whose Spanish name is doubloon. Pistoles is the French word for the Spanish Doubloons.
There's a law involving those 2 words. On 14 April 1759 a law was passed by both houses and by the Lt Governor. This law promises Virginia will protect its people all the way to the Mississippi and raise finances necessary to do that. That law had originally been suggested 12 May 1755 during the ongoing Braddock Expedition and got passed 9 July 1755, the day of Braddock being shot, unbeknownst to this assembly. But it had a sunset date, set to expire 14 Feb 1760. So it was resolved to look into continuing it.
This law had a bad memory of the previous Lt Gov Dinwiddie, who with his Council, thought he could collect a fee of one pistole for each parcel he approved for this law, And when did the Lt Gov Dinwiddie introduce that idea of collecting one pistole? He introduced it on the last day of the session AFTER the House of Burgesses thought he was so wonderful they gave him a 500 lbs gift of money. They felt betrayed. Hoodwinked. The House learns the hard way from all the complaints of those who patented land out west. The King of Great Britain had to get involved. He backed the Lt Gov in principle, but the Lt Gov was not going to collect the amount he thought.
This pistole controversy was of rich vs poor. How can the lower classes hope to get a start out in the wilderness with such a fee?
This controversy was of republican principles vs royal prerogative. Where is the boundary of a legislature's authority?
[32nd year of King George II in power]
16th on the list of bills passed by the House of Burgesses, The Executive Council, and the Lt Gov:
16. For further continuing fo much of the Act of Affembly, intituled, An Act for the Encouragement and Protection of the Settlers upon the Waters of the Miffiffippi, as relates to the raifing and impofing, collecting and paying the Duties therein mentioned, and for other Purpofes therein mentioned.
His Honor [ Lt Gov Fauquier as acting Governor ] likewise gave his Affent to the following Refolves of the House of Burgeffes, which the Council [the upper house doubled as advisor to the Lt Gov and doubled also as the supreme court in that colony] had agreed to, viz. Source: #154 (p. 128)
About that Mifffiffipi?
That river, Mississippi was the border of old Virginia ! Or more specifically Orange County 1734. This then became Augusta County's boundary, 1738. And later Botetort County 1770, and later Fincastle Co (now extinct) 1772. See old counties of Virginia link here.
These maps below
show mostly the Ohio River as the boundary, but that river dumps into the Mississippi which is how far Virginia extends itself after the powers to be stopped calling the whole continent Virginia, after the Virgin Queen, Queen Elizabeth I (7 September 1533 – 24 March 1603).
So if you have a lisp after that, well, that's okay. Really.
And now a little correction on the map of Virginia:
.
And here's a little modification.
That whole Pittsburgh area is under contention
by Virginia and Pennsylvania
through the French and Indian War
and continuing for over 20 years,
right into the middle of the Rev War.
That's it.
That's our lead story.
There's always more.
Skip around.
Read bits and pieces.
Compiled and authored by Jim Moyer researched in March 2023, updated 4/8/2023, 4/9/2023, 4/30/23
Table of Contents
The Spanish Word Reserve Currency
Interactive map of counties of all of the states:
Dinwiddie's Long Goodbye
County Evolution map of Virginia
PISTOLES = DOUBLOONS = 2 ESCUDOS = 4 DOLLARS
Doubloons are Pistoles. Pistoles are Doubloons.
Both are 2 escudos. A Doubloon = 2 escudos. So does Pistole.
A Pistole or Doubloon meant 4 dollars, 2 escudos.
But it gets worse.
English nomenclature was confusing, though, since the $8 "double pistole" was the doubloon in English usage, while the $16 "quadruple pistole" was the doubloon in American colonial usage. This was disambiguated in references by calling the $4 the common doubloon or simply doubloon, the $8 the doubloon of four (escudos), and the $16 the doubloon of eight.[5]Spanish America did the same as per es:doblón. - Wikipedia
Source:
Notes for later organization
.
.
E firſt ſeſſion of the Aſſembly of 1752-55 commenced on the 27th of February , 1752 , and continued till April 20 .
The governor's ſecond recommendation
was carried out in the paſſage of an act for the encouragement of ſettlement on the waters of the Miffiffippi . The preamble to the acts ſtates that encouragement given to perſons " to ſettle on the waters of the Miffiſhopi river , in the county of Auguſta ” will be “ a means of cultivating a good correſpondence with the neighboring Indians . ”
Another motive
aſſigned in the preamble for the paſſage of the act , but one mentioned probably to impreſs the king and his min iſters and thus to prevent the poſſible diſallowing of the act , was the desire to augment eventually “ his majeſty's revenue of quit - rents . ” The quit - rents went into his majeſty's private purſe .
But the main motive
for paſſing the bill is to be found in the clauſes of the preamble ſetting forth that with encouragement many of his majeſty's natural born ſubjects and , eſpecially , many foreign Proteſtants may be brought to ſettle in thoſe parts , and that , having ſettled there , they will add to the “ ftrength and ſecurity of the Colony in general . ” This plan of erecting a human buffer on the frontiers was an old one even in Virginia . It explains the ſettlement of the Huguenots at Manakin Town , and to a certain extent of the Germans at Germanna , and of the encouragement given
Footnotes 1 Dinwiddie was only the lieutenant governor . The governor at that time was the Earl of Albemarle , who had ſucceeded the Earl of Orkney as holder of the finecure in 1737. The Earl of Albemarle died in 1754 , and was followed as governor by the Earl of Loudoun . The titular governor received £ .1,665 of the 6.2,000 regular ſalary paid from the revenue ariſing from the 25. per hogſhead tax on tobacco exported , but the lieutenant governor was able to add in various ways to the part coming to him ; ſo that it is ſafe to ſay he was a well paid officer . The title " governor " is uſually given the lieutenant governors . · See p . 76 of this volume .3 Hening , VI , 258 .
End of page
#20 (p.xiv) ( xiv ] later to the ſettlement of the Valley of Virginia by the Scotch - Iriſh and Germans from Pennſylvania . The frontiers were now being extended into territory claimed by France , and the barrier was needed more than ever . The encouragement given was the exemp tion of ſuch ſettlers , " being Proteſtant , ” “ from the payment of all public , county , and pariſh levies for the term of ten years . ” No reference is made to quit - rents , of courſe , " as theſe could not be diſpended with by legiſlative action , being wholly under the control of the king .
#21 (p.xv) ( xv ) this intelligence being iſſued by Governor Dinwiddie on the 8th of April . The ſame day the General Aſſembly was officially informed of his majeſty's deciſion . The information created no little conſternation ,
for ſome of the acts
( notably one for regulating the pro ceedings in the General Court )
were of the moſt vital importance , and , furthermore , the effect of the repeal would , it was ſeen by the members , be to bring into operation many laws which it had been thought were ſuperſeded .
But even more embarraſſing than the repeal of the ten was the aſfixing of the royal ſignature to the remaining fifty - ſeven . For when a law finally received the ſanction of the king , it could not be amended except with a clauſe attached to the new act ſuſpending its execution till it was approved by his majeſty , whereas uſually a law went into effect from paſſage or at a date ſet in the law itſelf . Accordingly it was , in the thought of the Virginia people , greatly to their advantage that the royal ſignature be withheld , ſince thus the laws might be altered quickly to ſuit changes in conditions . When laws were diſallowed , they could not be re - enacted except by ſpecial permiſſion of the king given after full hearing in council . Thus either kind of action by the king made for delay . It alſo occaſioned expenſe , evidence not being wanting in this Journal that the king's miniſters knew how to reap pecuniary gain from their nearneſs to the throne.8
Good feelings toward Dinwiddie All through the firſt ſeſſion of the Aſſembly the greateſt good feeling exiſted between the Governor and the Houſe of Burgeſſes ; ſo much ſo that toward the cloſe of the ſeſſion the Houſe paſſed a reſolution giving the governor , in appreciation of his attitude , the large ſum of five hundred pounds as a preſent . The reſolution was promptly agreed .to by the Council.ro
Second Seffion . The General Aſſembly at its firſt ſeſſion was prorogued to meet again the laſt Thurſday of the ſame year . The meeting was , however , put off by ſeveral proroga tions till November 1 , 1753 , when the Aſſembly convened purſuant to proclamation by the governor
iſſued by ſpecial command of the king
Mississippi
in order that meaſures might be concerted to thwart the deſigns of the French in reference to occupying the Ohio Valley , in which territory they had already built a fort and were puſhing on to build others at points of vantage .
More Money
The Aſſembly was aſked to vote ſuch a ſupply of money
as might ſeem proper . In addition ,
Militia Augmented
the governor urged that the militia law be reviſed , he having himſelf , in order to render the militia more efficient , divided Virginia into four diſtricts , and appointed an adjutant in each , who was to inſtruct the officers of militia in the duties of their poſition .
Footnotes ; The number was later found to be twenty . See p . 129 .8 See p . 46 , Petition of John Tayloe . , Hening , V , 432–443 . The original preſentation is in a MS . Journal of the Council preſerved in the Virginia State Library . 10 The Journal ſhows concluſively that thoſe writers who maintain that Dinwiddie was unpopular in Virginia from the very beginning of his term of office are in error . 11 Waſhington was one of theſe adjutants . End of page
#22 (p.xvi) ( xvi )
Mississippi law The meaſures taken to reſiſt the encroachments of the French were inadequate and diſappointing . The only thing done was to add five years to the term of exemption of thoſe ſettling on the waters of the Miſhiſhppi from pariſh , county , and public levies , 14 and to continue a law , which was already in exiſtence but which would ſhortly expire ,
Militia
for making proviſion againſt invaſion and inſurrection , according to the terms of which the governor could in caſe of invaſion raiſe a ſufficient force from the militia to repel it , which force was to be paid by the public but could not be marched beyond the limits of the Colony .
It was alſo reſolved by the Houſe in committee of the wholers that an addreſs be drawn up to the king aſking that he be pleaſed to grant his lands to the weſtward of the mountains in ſmall parcels exempt from the payment of quit - rents for the term of ten years , as this would be an encouragement to foreign Proteſtants to ſettle thereon , and “ thereby be the moſt effectual means of ſecuring our frontiers and culti vating a friendſhip with the Indians . ” Over the quit - rents the Aſſembly had no control . According to the laws already referred to ſuch ſettlers were not to be required to pay county , pariſh , or public levies .
PISTOLES
The failure of the Aſſembly to do more in the emergency is to be accounted for by an unfortunate diſpute that had ariſen between the governor and the Houſe of Burgeſſes in reſpect to the payment of a piſtole : 6
as a fee to the governor on the iſſue of a patent for land at the ſecretary's office .
According to a ſtatement made in a letter written by Richard Bland , then a member of the Houſe of Burgeſſes , to a correſpondent in England , 17 when Dinwiddie came to Virginia there were in the ſecretary's office nearly a thouſand patents made out ready to be paſſed under the ſeal , and more than that number of ſurveyors ' certificates for land in connection with which all the preliminary ſteps had been taken and for which , therefore , patents ought to have been iſſued long before .
Governor Dinwiddie , ſeeing in this ſituation the chance to reap a rich harveſt
in a manner not in contravention of his inſtructions or oppoſed to the law , and in a manner to which he miſtakenly thought that the people would not very ſeriouſly object , announced that a fee of a piſtole muſt be paid before he would attach his ſignature to the patent ſo that it might paſs under the ſeal .
The order raiſed a ſtorm ;
and the feeling againſt the governor was very much
inflamed by the fact that the order was not given until the cloſe of the firſt ſeſſion of the Aſſembly , after the paſſage of the reſolution , “ That the ſum of five hundred pounds be given to the Honourable Robert Dinwiddie , Eſq .; and that he be deſired to accept the ſame as a grateful acknowledgement for his regard to the intereſt and welfare of this Colony . ” As long as the General Aſſembly was ſitting , applicants had been told that no patents would be ſigned till the cloſe of the ſeſſion ; and then they were met for the firſt time with the order . The members of the Houſe of Burgeſſes felt
a 19 See pp . 115 , 133 , 134 , 142 , 146 , 149 , 150 , 151 , 153 , 155 , 158 , 159 , 160 , 161 , 170 . 13 Hening , VI , 351-353 .14 Hening , VI , 355-356 .15 See pp . 115 , 116 .16 A Spaniſh coin worth about $ 3.50 . 19 See " A Fragment on the Piſtole Fee , claimed by the Governour of Virginia , " by Richard Bland , edited by W. C. Ford , p . 32 .
#20 (p.xiv)
#21 (p.xv)
#22 (p.xvi)
#23 (p.xvii) ( xvii ) that they had been hoodwinked by the profeſſions of the governor in reference to the king's repeal of the laws into voting a large ſum as a preſent to a man whoſe main intereſt in the Colony aroſe from his deſire for perſonal gain . Bitterneſs againſt the man was added to oppoſition to the meaſure .
The matter came regularly before the Houſe on petition from freeholders of various counties complaining of the impoſition .
One of the petitions came from inhabitants of Dinwiddie County , a county which had been formed by the General Aſſembly at its firſt ſeſſion and named in honor of the governor .
Theſe petitions , ſuch was the intereſt felt in their ſubject matter , were not referred to the committee of propoſitions and grievances , but at once to a committee of the whole houſe . 18 In due courſe and through the proper channel
the governor was aſked by the Houſe whether the demand for the fee was made by his order , and if ſo what was his authority for giving the order.19
The ſubſtance of the governor's reply
was that he had given the order in accordance with the authority granted him in his inſtructions from the home government and with the advice of the Council.20
The reply alſo intimated that the matter
was not one with which the Houſe of Burgeſſes could conſtitutionally deal .
In a ſecond addreſs the Houſe maintained
that it was the undoubted right of the Houſe
to inquire into the grievances of the people ; that the rights of the ſubjects of the king in Virginia were ſo ſecured that they could not be deprived of the leaſt part of their property but by their own conſent ; and that the demand of a piſtole as a fee , not being in accord with any eſtabliſhed law , was a grievance highly to be complained of 11
The governor reſponded
» that “ the eſtabliſhment of the fee complained of relates ſolely to the diſpoſal of the king's land , a
nd which , it is conceived , may be deemed a matter of favour from the crown , and not a matter relative to the adminiſtration of government
.
” On receipt of this ſecond reply ,
the Houſe paſſed a reſolution , “ That whoever ſhall hereafter pay a piſtole as a fee to the governor for the uſe of the ſeal to patents for lands ſhall be deemed a betrayer of the rights and privileges of the people . " a3
The determination was reached by the Houſe to appeal to the crown ,
and to ſend as ſpecial agent to proſecute the appeal the attorney general of Virginia ,
Mr Peyton Ran dolph , who was to be paid £ . 2,500 for his ſervices and who was empowered to ſelect a permanent agent for the Colony at a ſalary of £ . 200 per annum .
Two addreſſes to the king were drawn up
( the firſt of which , as a matter of form , was ſent to the Council for its concurrence , which , of courſe , was not given ) and a ſet of reaſons in ſupport of the independent addreſs .
The two addreſſes and the reaſons for making them were not ſpread upon the Journal , for no doubt they , eſpecially the ſet of “ reaſons , " contained , in addition to figures as to patents and prophecies as to the effect of the fee , reflections upon the motives of the governor , which , though the Houſe felt juſtified in making them , it did not wiſh the governor to ſee , and this he would have done had they been put in the Journal , it being one of the duties of the governor to tranſmit to England a copy of the Journal of the Houſe of Burgeſſes at the cloſe of each ſeſſion .
Then , too , coming in this way firſt to the notice of the authorities at home , the reflections might be conſidered as diſreſpectful to his majeſty's repreſentative in Virginia and ſo in a ſenſe to his majeſty himſelf . They would thus be prejudicial to the cauſe . However this may be , not only were the papers not tranſcribed into the Journal but great care was taken to prevent the governor's ſeeing copies of them . He did , however , get a copy of the reaſons from a " private friend , ” as he expreſſed it , on the 8th of February — the paper was adopted by the Houſe on the 18th of December — and he immediately wrote M- James Abercromby , who at that time was his agent in England and who later became the agent of the Vir ginia Council alſo , ſaying , “ Their reaſons are actually inconſiſtent with truth . It ſur priſed me that a legiſlative body could have the aſſurance to let them go under their
18 See p . 129 .19 See p . 136 .30 See p . 141 .31 See p . 14323 See p . 154 .23 See p . 155 .34 See p . 168 . End of page
#24 (p.xviii) ( xviii ) 1 name . ” : s The Houſe alſo drew up an addreſs to the king ſetting forth why it had appointed the king's attorney general to " Iolicit the affairs ” of the Colony in Great Britain , and praying that his majeſty would be graciouſly pleaſed to continue him in his office . The next day after this reſolution was paſſed , the Houſe was prorogued .
DINWIDDIE'S SIDE In this diſpute Dinwiddie was technically in the right .
Such lands of Virginia as had not been taken up were in theory the property of the king , ſubject only to regula tions made by the king himſelf or his agents , and beyond the control of Virginia's legiſ lative aſſembly .
The fee was ill adviſed but not illegal .
The whole ſituation is well enough deſcribed ( from Dinwiddie's ſtandpoint )
in a letter written by Dinwiddie to James Abercromby , April 26 , 1754.
He ſays : “ If I had known that this affair would have created ſo much uneaſineſs to me and trouble to my friends at home , I would not have taken that fee ; but when it was eſtabliſhed by the Council here , and approved by the Lords for Trade , I could not in honor to the Board ſubmit to the unjuſt clamors of our Houſe of Burgeſſes , who , by the opinion of Sir Dudley Rider , had no cognizance of it . " ' 36
It is probable that the Board of Trade allowed the fee owing to Dinwiddie's repreſentations that his plan
( which contemplated not only the taking of the fee for himſelf but alſo the prevention of fraudulent delay in application for patents by thoſe enjoying the uſe of land under mere ſurveyors ' warrants but paying no quit - rents ſince the lands had not yet actually been patented )
would reſult in the great augmentation of the revenue going to the king .
House of Burgesses POV
On the other hand , it is hard to ſee how the Houſe of Burgeſſes , the guardians of the intereſts of the people , could have failed to complain of the fee , though not of the other features of the regulations .
The impoſition was beyond doubt unuſual and burdenſome .
Their arguments may not have fitted condi tions as they were , for the king owned the land ; but they fitted conditions as they ought to have been .
The arguments looked to the future . In other words , this conteſt was merely an incident in the long conflict between prerogative and popular control which ended in the victory of the latter in the ſtormy days of the Revolutionary War .
The King decides
But even as it was , Dinwiddie's victory was by no means a ſweeping one when the caſe was finally diſpoſed of by the king in council .
It was decided that Dinwiddie was right in principle ,
but the Board of Trade was ordered to iſſue regulations for his future conduct in regard to the whole matter ; and this body ordered that no fee be taken for a patent iſſued for leſs than 100 acres , or from families imported , or on lands to the weſt of the mountains , or on land the preliminary ſteps for getting patents to which had been taken before the 22d of April , 1752 ( when his firſt order in reference to the fee was announced at the ſecretary's office ) , that a patent ſhould not be given for a larger body of land than 1,000 acres , and that the attorney general ſhould be reinſtated in office .
End of the pistole story?
Washington's LeBouef Mission
Third Seffion . The Aſſembly at its ſecond ſeſſion was prorogued to meet on the laſt Thurſday in the following April ; but the third ſeſſion actually began the 14th of February , the Aſſembly having been hurriedly called together by the governor when George Waſhington reported to Dinwiddie the reſult of his famous miſſion to the French commandant in the diſputed territory in the Ohio Valley .
The Aſſembly was aſked to vote a ſupply for the pulpoſe of aiding in ſupporting the claims of the king . Dinwiddie's plans were admirable , 18 and his energy in the criſis beyond all praiſe ,
but his unfortunate piſtole fee order
having rendered him perfona non grata to the Houſe , at the very time at which harmony was ſo much needed in the Colony there were , inſtead , diſtruſt and divided counſels .
Pistole problem affect again
The Aſſembly did , indeed , vote a ſupply of £ . 10,000 , but the amount was ridiculouſly ſmall ; it did make a few changes in the law governing the militia , but not ſufficient to render that body effect ive in the trying times to come . The ſupply was voted in an act having the title “ An act for the encouragement and protection of the ſettlers upon the waters of the Miffiffippi . ”
25 Dinwiddie Papers , I , 72 .26 Dinwiddie Papers , I , 137 .27 Dinwiddie Papers , I , 370-375 .28 Dinwiddie Papers , Vol . 1 , paffim , particularly pp . 98 , 99 . 1 End of page
#25 (p.xix) ( xix ] It provided that the treaſurer ſhould be empowered to borrow £ . 10,000 at 6 per cent . intereſt , to be expended in giving this protection , and that a fund for the repayment of the amount borrowed , with the intereſt , ſhould be raiſed by placing an additional duty of 5 per cent . on Naves imported , and by taxes on vehicles , on licenſes of ordinaries and on vari ous legal papers , the ſaid revenues to remain as a ſecurity for the repayment of the amount borrowed . 29
The law named a committee of directors who " ſhall , from time to time , with the conſent and approbation of the governor or commander in chief , for the time being , direct and appoint how the ſaid money ſhall be applied , towards the protecting and defending his majeſty's ſubjects , who are now ſettled , or hereafter ſhall ſettle , on the river Miffiſpppi , and that the ſaid directors ſhall , as often as there ſhall be occaſion of money for uſe of the aforeſaid , apply themſelves to the governor , or commander in chief for the time being , to iſſue out his warrants to the ſaid treaſurer to pay ſo much money as ſhall be wanting for the purpoſes aforeſaid , who is hereby required to pay the ſame , accordingly . ”
zo
Encroachment on Royal prerogative
This part of the law Dinwiddie vigorouſly oppoſed as being an encroachment upon his right as the king's repreſentative , and his duty according to his inſtructions , to have entire charge of the expenditure of the money raiſed by the act ... What the governor ſaid was probably true . There was , no doubt , an encroachment on the prerogative .
The Houſe , however , could plead as a precedent the law of 1746
for raiſing £ . 4,000 to be uſed in an expedition againſt Canada . In this law a ſimilar committee was provided ; s and the Houſe was now more determined than ever before to
1 33 inſiſt on maintaining the general principle that agents appointed by the General Aſſembly itſelf ſhould ſuperviſe the expenditure of money raiſed in the Colony .
Since money could be had on no other terms , Dinwiddie was compelled to give way ,
and to ſign the bill with this feature incorporated . In writing to the Lords of Trade an account of the work of the ſeſſion , Dinwiddie ſaid that the only thing which kept him from diffolving the Aſſembly ,
ſo monſtrous was the encroachment on the prerogative , was the hope of getting from England an order to diſſolve it by proclamation , which would be a ſeverer rebuke for its conduct than the mere diſſolution by the governor.33
Originating bills
{see where Council did that before on the tobacco bill?}
This third ſeſſion is further intereſting on account of the evidence given in the Journal that the Houſe of Burgeſſes inſiſted as a general thing on originating all bills . On the 19th of February4 a bill paſſed by the Council entitled “ An act for the regulation of the militia ” was ſent over to the Houſe for its action . The Houſe conſidered the bill in committee of the whole , and reſolved to conſider it further the next day . How ever , before taking up the matter in committee of the whole , the Houſe the next day reſolved to relieve that committee of further conſideration of the bill , and ordered that a bill of its own be brought in , a committee being appointed for that purpose . The bill ſo ordered was in courſe of time reported , and was finally paſſed by both houſes — the ineffectual meaſure referred to above . а a
Fourth Seſſion . The capitulation of Waſhington at Fort Neceffity on July 4 , 1754 , occaſioned the calling together of the Aſſembly for its fourth ſeſſion . T
he ſeſſion began Auguſt 22 and ended September 5. For the firſt week of the ſeſſion the greateſt harmony pre vailed . The governor ſet forth in his opening addreſs the abſolute neceſſity of the vote of a large ſum at once , and the Houſe replied that it could be depended upon to do its duty in the emergency . With the request of the Houſe that he lay before it copies of papers in his poſſeſſion relating to the expedition againſt the French , the governor complied at once , being profuſely thanked by the Houſe for his " conde 19 Hening , VI , 417–420 .30 Hening , VI , 418 .31 Dinwiddie Papers , I , 98 .32 Hening , V , 402 .33 Dinwiddie Papers , I , 161 .34 See p . 181 . End of page
#26 (p.xx) ( xx ] ſcenſion " in doing ſo . A bill was drawn up for raiſing £ . 20,000 for the purpoſes of the campaign by means of a poll tax .
Pistole problem affect again
Affairs progreſſed ſmoothly till the 31ſt of Auguſt , when there was added to this bill a clauſe to the effect that the £ .2,500 voted by the Houſe at the ſecond ſeſſion of the Aſſembly to Mi Peyton Randolph for acting as agent for the Houſe in England in the matter of the piſtole fee ſhould be paid out of the funds to be raiſed in accordance with this act . In this ſhape the bill paſſed the Houſe.35 The proviſion contained in the rider the Council had already refuſed to agree to , and could not now , even in the critical ſituation on the frontiers , be forced to accept .
Accordingly the whole bill failed . If the Council had not rejected it ,
the governor would himſelf have withheld his ſignature ,
as he ſays in a letter to Sir Thomas Robinſon , Secretary of State , dated September 23 , 1754.36 He had the expedition ſo much at heart , however , that he promiſed that if the Houſe would paſs a ſupply bill in which the ſub ject matter of the rider was not incorporated , he would ſign a bill for the payment of the £ . 2,500 , with the proviſo attached that the act was not to go into effect till the king's pleaſure should be known in reference to it . This compromiſe was not accepted and thereupon the Aſſembly was prorogued .
The former contention of the Houſe that the ſalary of Peyton Randolph as agent could conſtitutionally be paid by the treaſurer on the mere reſolution of the Houſe was clearly an untenable one , all reſolutions involving the payment of money requiring the concurrence both of the Council and of the governor ; and adding to the ſupply bill the proviſion for the payment of the ſalary was an admiſſion of this fact .
The Houſe had gotten itſelf into an embarraſſing poſition ,
having promiſed £ . 2,500 to an agent for the performance of what ſeemed a public ſervice , and was willing to go to any length in order to ſecure the money . It cannot be defended , however , in the final ſtand taken . The ſituation upon the frontiers was too ſerious .
Fifth Seſſion . On the day appointed in the ſpeech of prorogation made at the cloſe of the preceding ſeſſion , namely , the 17th of October , the General Aſſembly came together for its fifth ſeſſion . After calling attention in a very emphatic way to the precarious condition of the country , the governor in his opening addreſs was able to give the gratifying intelligence that the king had ſent £ . 10,000 ſterling in ſpecie , beſides military ſtores , for uſe in the protection of the Colony . The members of the Houſe had had time , too , to think of what muſt have ſeemed to them their head ſtrong conduct in the preceding ſeſſion of the Aſſembly .
Pistole Impacts again
It is alſo probable that at . the opening of this ſeſſion - certainly very ſoon after the opening — the verdict of the king in council in reference to the piſtole fee was known , and alſo the regulations which , in accordance with the verdict , had been made by the Board of Trade . Though the governor had been upheld in the main , the contentions of the Houſe had not been abſolutely ignored .
All theſe things united to make the Houſe more manageable .
It promptly paſſed a bill for raiſing by means of a poll tax £ . 20,000 for the protection of the frontiers ; 37 and , though it would not at the ſuggeſtion of the governor paſs a bill for drafting into the ſervice every tenth man of the militia , 38 it did paſs one compelling able bodied men who had no viſible means of ſupport to ſerve as ſoldiers .
Both theſe bills became laws.39 The moſt powerful member of the Houſe of Burgeſſes , namely , Speaker Robinſon , who was at the ſame time treaſurer , waited on the governor , acknowledged the former ill - conduct of the Houſe toward him , and begged pardon.4 Harmony in great meaſure prevailed , except that the Houſe and Council could not agree on the wording of an addreſs to the king .
35 See p . 201 .36 Dinwiddie Papers , I , 324 .37 Hening , VI , 435-438 .38 Dinwiddie Papers , I , 405 .39 Hening , VI , 435-440 .40 Dinwiddie Papers , I , 376 . End of page
#27 (p.xxi) ( xxi ] This ſeſſion is further noteworthy becauſe in it an unuſual order was paſſed direct ing the public printer to print for circulation among the members of the Houſe a bill for the improvement for the ſtaple of tobacco.4 This is a very early example of ſuch treatment of a bill , the uſe of the printing preſs being by no means extenſive at that time . The order to print was occaſioned by the fact that it became known to the Houſe that the Aſſembly would be prorogued before the date ſet for conſideration of the bill in committee of the whole . It was thought deſirable for members to have an oppor tunity of ſtudying the proviſions of the bill during the approaching receſs . Sixth Seſſion .
The ſixth ſeſſion of the Aſſembly began on the firſt of May , 1755 , and ended on the 9th of July . The ſeſſion was not a continuous one , however , a receſs having been taken from June 2 to June the 24th . It ſeems that at that time the device of a ſpeaker pro tempore was not known in Virginia , and a miſfortune in Speaker Robinſon's family that made it highly inconvenient for him to attend the meetings of the Houſe reſulted in an order from the governor on the 2d of June , even at a time when diſpatch was moſt neceſſary in the buſineſs of the Aſſembly , that each branch ſhould adjourn itſelf till the 24th .
In his opening addreſs the governor had the pleaſure of announcing that General Braddock had been ſent from England with four regiments to drive the French from the Ohio Valley . It was for the purpoſe of raiſing men and money to aſſiſt in this move ment that the Aſſembly had been called together by ſpecial inſtruction to the governor from England . The greater part of the addreſs was accordingly taken up with this matter .
Sterling Exchange Rate
There was one other feature , however , to which attention may be called as illuſtrating one of the ſources of law - making in Virginia , namely , ſuggeſtion from the king . In a law paſſed in 1748 having the title “ An act declaring the laws concerning execution and for the relief of inſolvent debtors , " the rate of exchange between Vir ginia current money and ſterling money in judgments for ſterling had been fixed at 1.25 . The Engliſh merchants complaining that this was unfair to them , the king was prevailed upon to ſend an inſtruction to the governor of Virginia to recommend to the Aſſembly that the law in that reſpect be amended . Hence Dinwiddie in his opening addreſs laid before the Aſſembly the commands of the king ; and the Aſſembly , in accord ance therewith , proceeded to amend the law . It was , after much time ſpent in conſid eration , enacted that in actions for the recovery of ſterling money in which the plaintiff was ſucceſsful the court ſhould have power to fix the rate of exchange.43
This ſeſſion of the Aſſembly was a very buſy one , as much routine buſineſs which had been poſtponed at the two or three immediately preceding ſeſſions had to be attended to . Accordingly all the uſual committees for the digeſtion of matters before they were finally acted on by the whole Houſe were appointed .
M * Peyton Randolph had returned from England
and taken his ſeat in the Houſe . He had alſo made his peace with the governor , “ who , in accordance with inſtructions from home , had reappointed him attorney - general . Since acceptance of an office under government by a member of the Houſe neceſſitated a new election in order that the member's conſtituents be given a chance to expreſs their approval or diſapproval , one of the firſt acts of the Houſe at this ſeſſion was to order that an addreſs be made to the governor aſking him to have the corporation of William and Mary College , for which Randolph ſat , elect a repre ſentative.4s The formality of re - electing Randolph was , no doubt , gone through with by the college , though there is no record of it . He certainly kept his ſeat , and was one of the moſt active members of the Houſe . On May the 12th M * Randolph made a report of the manner in which he had diſcharged the duties of the agency to which he had been 41 See p . 224 .- See p . 276 .43 Hening , VI ,44 Dinwiddie Papers , I , 506 , 507 .45 See p . 233 . 479 . End of page
#28 (p.xxii) ( xxii ) appointed by the Houſe , and of the reſults accompliſhed . For the faithful diſcharge of the truſt repoſed in him he was given a unanimous vote of thanks . It is much to be doubted if his reward for his exertions in England was ever more ſubſtantial than this . The attempt to carry proviſion for payment of his ſalary through the Aſſembly as a rider to the ſupply bill in the 4th ſeſſion failed . The treaſurer of the Colony , who at firſt ſaid that he would pay the ſalary on the mere reſolution of the Houſe , probably receded from this poſition when he reflected that his accounts had to be paſſed upon by the Council as well as by the Houſe , and that the appointment of the treasurer was by an act of the whole Aſſembly ( counting Dinwiddie as one of the three branches , as Dinwid die was ſo fond of deſcribing himſelf ) . Moreover , the appointment of a treaſurer would come up again when a new Aſſembly ſhould be choſen , and the governor had the right to diſſolve one Aſſembly and call together a new when he thought proper . The governor was too powerful to be lightly croſſed .
At any rate , Speaker Robinſon had already , even before Randolph's return from England , made his peace with him . And at the opening ſeſſion of the next General Aſſembly Robinſon was promptly re - elected ſpeaker by the Houſe of Burgeſſes and treaſurer by the whole Aſſembly .
The bill for the improvement of the ſtaple of tobacco , twice read in the fourth ſeſſion of the Aſſembly , and on October 28 , 1754 , ordered to its third reading “ Saturday Se'ennight , " ' 46 and on the impending prorogation of the Aſſembly ordered to be printed , was on the 14th of May read a third time and put upon its paſſage , when it was rejected . A new bill was brought in , however , received the uſual amount of attention accorded all tobacco bills , and was finally paſſed .
The law of 1748 for reſtraining vagrants
and making proviſion for the poor not proving ſufficiently effective in dealing with the great increaſe in theſe claſſes ſince the beginning of the troubles on the frontiers , it was found neceſſary by the Aſſembly to devote ſome of its time at this ſeſſion to deviſing new remedies . The moſt intereſting feature of the law paſſed was the authorization given to veſtries to cauſe workhouſes to be built for the purpoſe of making proper dif poſition of the poor.48
Of other laws of a general nature paſſed at this ſeſſion not con nected with the trouble on the frontiers the moſt important were , iſt , the law prohib iting the inſpectors of tar , pitch , and turpentine from purchaſing thoſe commodities ; 2nd , a law for preſerving the breed of ſheep againſt dogs ; 3rd , a law for eſtabliſhing pilots and regulating their fees .
But the moſt important meaſures were thoſe paſſed with the object of getting men and money with which to aid General Braddock in driving the French from the Ohio Valley and to protect the frontiers from the French and Indians , who when Braddock was on his march to Fort Duqueſne , were , in order probably to create a diverſion , prov ing unuſually active in making attacks on the ſettlements . The Aſſembly , while not meeting the full requirements of the ſituation , ſtill did much . Ten thouſand pounds ( in addition to the £ . 20,000 provided for at the preceding meeting of the Aſſembly ) was to be raiſed for the expedition , £ . 2,000 for enliſting rangers to protect the frontier , and £ . 600 for garriſoning Fort Cumberland , ſtripped by Braddock of both regulars and pro vincials when he marched to the northweſt . The money was to be raiſed by a poll tax on negro tithables ( all negroes , both male and female , above 16 years of age ) , a land tax of 15d . on every hundred acres , an additional tax of 10 per cent . on negroes imported , an additional duty on rum , and by a lottery to be drawn the following December . As gold and ſilver were ſcarce and the money to be raiſed by the taxes impoſed could not become immediately available , legal tender treaſury notes , not to exceed £ . 20,000 , were to be emitted , redeemable on the laſt day of June , 1756 , and bearing five per cent . intereſt from the date of iſſue.so
46 See p . 221 .47 See p . 283 ; Hening , VI , 472–475 .48 Hening , VI , 476 .49 Hening , VI , 484-491 .50 See pp . 232-294 ; Hening , VI , 453-472 . End of page
#29 (p.xxiii) | xxiii ] Seventh Seſſion . In his addreſs at the cloſe of the ſixth ſeſſion , the governor , after returning to the Aſſembly his ſincere thanks for the various ſupplies granted , had continued as follows : “ Gentlemen , I am in great hopes , before this , that General Braddock is in poſſeſſion of the Fort on the Ohio that the French took from us laſt ſummer ...... The ſpeech was made the 9th of July . At that very hour Braddock's army was being anni hilated . When the full force of the diſaſter was appreciated in Williamſburg , the governor immediately called the Aſſembly together for its ſeventh feffion , which ex tended from Auguſt 5 to Auguſt 23. The Aſſembly did , and did promptly , everything that could be expected of it . It at once paſſed an act for raiſing £ . 40,000 for the protection of the frontiers by laying a poll tax of one ſhilling a year for four years on every tithable perſon ( that is , every white male over 18 and every colored perſon , whether male or female , over 16 years of age ) in the Colony , and a land tax of 15d . a year for four years on each 100 acres of land . The expenditure of the money was to be under the ſuperviſion of a committee named in the act . The forces in the pay of the Colony were , including the three companies of rangers and the garriſon of Fort Cumberland , to be increaſed to 1,200 men , who were to be ſecured firſt by voluntary en liſtment , and , if this proved inſufficient , by drafts from the militia of unmarried men . As in the preceding ſeſſion , in order to anticipate the collection of the taxes , which were themſelves diſtributed through four years , treaſury notes to the amount of £ . 40,000 were to be iſſued within the next year , redeemable the 30th of June , 1760 , bearing 5 per cent . intereſt , receivable for all private debts and public dues except quit - rents and the poll and land taxes laid at the two immediately preceding ſeſſions of the Aſſembly . Theſe notes were to be ſecured and redeemed by the money coming into the treaſury as a reſult of the poll and land taxes laid by the act.sı The militia law was alſo reviſed , sa as was the law making proviſion againſt invaſion and inſurrection , the amendments to the latter law providing for much ſtricter diſcipline than had before been maintained in the militia when drawn into actual ſervice and in the regular forces in the pay of the Colony . In order to encourage the inhabitants of the Colony to meet the Indians with their own methods of warfare and , indeed , to cut them off before they had a chance to perpetrate their cruelties within the limits of the Colony , the Aſſembly , following the example ſet by the people of New England , s3 enacted a law that the ſum of £ . 10 ſhould be paid for the ſcalp of a male Indian enemy above the age of twelve to any inhabitant of the Col ony . In order to gain further the good will of the friendly Indian tribes , however , it was enacted in the ſame law that the malicious killing of any Indian belonging to a tribe in alliance with the Engliſh ſhould be treated as a felony , and the governor was deſired to ſend intelligence of this part of the act to the neighboring friendly Indians . The act was to be in force for two years if neceſſary . A bill was introduced for the appoint ment of an agent in England , but it was evidently thought that the meaſure was inop portune , as it was defeated in the Houſe itſelf.ss At the cloſe of the ſeſſion the governor could without feigning expreſs his great ſatisfaction at the unanimity ſhown by the Al ſembly in granting ſupplies . 52 Eighth Seſſion . The militia law , however , and the one in reference to inſurrection and invaſion did not in the governor's eſtimation prove ſo effectual as had been hoped . Hence at the opening of the 8th ſeſſion of the Aſſembly , on October 27 , the governor recom mended that they be ſtill further improved . He alſo recommended the enactment of a law for puniſhing inhabitants of the Colony guilty of obſtructing the enliſtment of si Hening , VI , 521-530 .so Hening , VI , 530-544 .53 See p . 298 .54 Hening , VI , 550-552 . ss See p . 314 . End of page
#30 (p.xxiv) ( xxiv ] men to fill out the Virginia regiment ; the extenſion to friendly Indians of the reward for ſcalps of hoſtile Indians ; and the appointment of commiſſioners to a congreſs propoſed by General Shirley ( at that time commander in chief of his majeſty's forces in America ) of repreſentatives of all the colonies . The laſt ſuggeſtion was acted on adverſely the day after the opening of the ſeſſion , the Houſe reſolving that ſending commiſſioners could do no good , as the Colony had already raiſed as many men as it was able to ſupport.56 The ſuggeſtion in reference to granting rewards for hoſtile Indian ſcalps to friendly Indians was adopted and embodied in a law.57 The militia law was not interfered with , but for the diſciplining of the forces in the pay of the Colony , and incidentally for the puniſhment of thoſe harboring deſert ers , a law was paſſed with which Dinwiddie expreſſed himſelf as being pleaſed.58 Such a law as this George Waſhington , in command of the Virginia regiment , had earneſtly pleaded for.se But probably the moſt intereſting law paſſed at this ſeſſion was the one to enable the people to diſcharge their tobacco debts for the year 1755 in money at the rate of 16s . 8d . for 100 lbs . of tobacco . That was two pence a pound , and the act was popularly known , accordingly , as the “ Two Penny Act . ” Rather , it was the firſt “ Two Penny Act . ” Another was paſſed in 1758 , and led to the famous Parſon's Cauſe . On November 4 it was ordered by the Houſe " that leave be given to bring in a bill for supplying the deficiencies of the ſeveral funds for the protection of this Colony against the encroachments and depredations of the French and Indians , and for advancing and ſecuring the public credit . ” In due courſe the bill was brought in by the committee named to frame it , paſſed by the Houſe , and ſent to the Council . The Council rejected it , and on the ſame day Dinwiddie curtly diffolved the Aſſembly . In a letter to Gov ernor Dobbs of North Carolina , 6. Dinwiddie ſaid that the Houſe wiſhed by this bill to “ ſet up a loan office and to emit £ . 200,000 paper money . ” Writing to the Board of Trade , 6 he ſaid that the money was to be iſſued for eight years and without proper ſecurity . He had given his aſſent to the two former iſſues of paper money becauſe the emergency required it in each caſe and becauſe each iſſue was for a ſhort period and well ſecured ; but ſuch an iſſue as the one then contemplated he thought would be perni cious to the credit of the country . He ſays , further , that the members had become very irregular in their attendance on the meetings of the Houſe , and that they had begun " again to be troubleſome and factious . " Therefore he had determined to diſſolve the Aſſembly and take his chances with new members.69 56 See p . 321 .57 Hening , VI , 564-565 .58 Hening , VI , 559-564 ; Dinwiddie Papers , II , 266 .59 See Waſhington's letter to Dinwiddie dated October 11 , 1755 , Ford's Writings of George Waſhington , I , 194 . 60 Dinwiddie Papers , II , 266 .61 Dinwiddie Papers , II , 269 . 62 A confirmation of Dinwiddie's aſſertion that they were becoming troubleſome and , in Dinwiddie's view , diſreſpectful is ſeen on page 328 , where it is reported that the ſergeant at arms of the Houſe was ordered to go with the mace into the General Court and compel members of the Houſe to attend their duty . End of page
#31 (p.xxv) - Aſſembly of 1756-1758 . Firſt Seſſion . T HIS Aſſembly met in its firſt ſeſſion on March 25 , 1756 , and continued in
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