Patrick Henry's Stamp Act Resolves, 30 May 1765

From Wythepedia: The George Wythe Encyclopedia
Jump to: navigation, search
Recto of Patrick Henry's "Stamp Act Resolves," 29-30 May, 1765. Image from Colonial Williamsburg, Rockefeller Library Special Collections. "Principles of Freedom: The Declaration of Independence and the American Revolution."

Among Patrick Henry's personal effects found after his death was his personal copy of the Virginia House of Burgesses Stamp Act resolutions from May, 1765. Was this manuscript, endorsed by Henry himself on the reverse, a copy made by George Wythe?[1]

In 1764-65, Wythe was on a committee appointed by Virginia to draft "remonstrances" to be sent to King George III, the British House of Lords, and the House of Commons, regarding the impending taxation of paper, the "Stamp Act." Additionally, Wythe would become the Clerk of the House of Burgesses in 1768, so his skills as a copyist were known and valued.[2]

William Wirt, in his 1817 biography of Patrick Henry, says "After his death, there was found among his papers one sealed, and thus endorsed: 'Inclosed are the resolutions of the Virginia assembly in 1765, concerning the stamp act. Let my executors open this paper.' Within was found the following copy of the resolutions, in Mr. Henry's hand-writing."[3] This manuscript, formerly at Patrick Henry's home, Red Hill, in Charlotte County, Virginia, now belongs to Colonial Williamsburg.[4]

However, John Pendleton Kennedy, State Librarian of Virginia, editing the Journals of the House of Burgesses of Virginia, in 1907, states "The famous transcript of these Resolutions, (frontispiece) while not in the handwriting of Mr Henry, is endorsed on the back of the paper by him...".[5]

And Robert Douthat Meade, in his 1957 biography, Patrick Henry in the Making, says, "Upon close examination of this copy of the resolutions—as distinguished from his personally written explanation on the back—they appear not to have been penned by Henry and bear considerable resemblance to the handwriting of John Fleming."[6] Fleming was the Burgess for Cumberland County in 1765; he died in 1767.[7]

Arguments for Wythe's transcription

Although there are similarities, Henry's endorsed hand on the recto differs in style from the hand found on the verso, in the Resolves.

Additionally, a copy in the Thomas Jefferson Papers at the Library of Congress labeled "Patrick Henry's Resolutions [as reported by the Committee of the Whole House May 30, 1765] taken from his own copy left sealed" appears to be in Henry's hand and is comparable to his later endorsement.[8]

Arguments against Wythe

"Patrick Henry, May 30, 1765, Resolutions on the Rights of the Virginia Colony; Taxation," The Thomas Jefferson Papers at the Library of Congress: Series 1: General Correspondence. 1651 to 1827.

The document contains five ampersands standing in for the word "and." While the full word "and" is also used (14 times), Wythe was not a great employer of the ampersand.

The word "Privileges" in the first and second resolutions is spelled with a "d" as "Priviledges." Although Wythe could be fond of archaic spellings and usage, he is not known to have spelled "privileges" in this way. Wythe typically spelled the word "ancient" as "antient," for example. "Ancient" appears in the third and fourth resolutions. "Characteristick," with a "ck" appears in the third. Edmund Randolph, in his manuscript History of Virginia, describes Henry as "unfettered by scholastic rules," "[n]ot always grammatical," and his language "quaint," at least in his speech.[9]

These anomalies can be explained if Wythe was making a copy (or multiple copies) from an original Henry draft.

Handwriting comparisons

Comparison of handwriting samples:

1765 Stamp Act Resolves

George Wythe

Patrick Henry

Jefferson Copy

Detail of Patrick Henry's "Stamp Act Resolves," May 30, 1765. Colonial Williamsburg.
Detail from Land Title Opinion, 15 December 1773. George Washington Papers at the Library of Congress, 1741-1799: Series 4. General Correspondence. 1697-1799.
Detail from a Patrick Henry letter to George Washington, January 28, 1778. George Washington Papers at the Library of Congress, 1741-1799: Series 4. General Correspondence. 1697-1799.
Detail from a Patrick Henry letter to Richard Caswell, January 30, 1786. Original at the Raab Collection.

X

Detail of Patrick Henry's "Stamp Act Resolves," May 30, 1765. Colonial Williamsburg.
Detail from "Additional Instructions to the Commissioners to France" in Wythe's hand, October 16, 1776. Image from Fold3.

X

X

Detail of Patrick Henry's "Stamp Act Resolves," May 30, 1765. Colonial Williamsburg.
Detail from Land Title Opinion, 15 December 1773. George Washington Papers at the Library of Congress, 1741-1799: Series 4. General Correspondence. 1697-1799.

X

X

Detail of Patrick Henry's "Stamp Act Resolves," May 30, 1765. Colonial Williamsburg.
Detail of a report from the Committee on the Northern Army, November 28, 1776. Image from Fold3.
Detail of Patrick Henry to Benjamin Harrison, November 18, 1783. Original from Nate D. Sanders, Inc.

X

Detail of Patrick Henry's "Stamp Act Resolves," May 30, 1765. Colonial Williamsburg.
Detail of Wythe's handwriting, from the Report of the Committee for Indian Affairs, November 4, 1776. Papers of the Continental Congress.

X

X

X

X

X

X

Manuscript text, 29-30 May, 1765

Page 1

Resolved

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

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

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

Resolved
That his Majestie's liege People of this most ancient Colony have uninteruptedly ^enjoyed the Right of being thus governed by their own assembly in the Article of their Taxes and internal Police and that the same hath never been forfeited or any other Way given up but hath been constantly recognized by the Kings of People of Great Britain.[10]

Resolved
Therefore that the General Assembly of this Colony have the only and ^sole exclusive Right & Power to lay Taxes & Impositions upon the Inhabitants of this Colony and that every Attempt to vest such Power in any Perso Person or Persons whatsoever other than the General Assembly aforesaid has a manifest Tendency to destroy British as well as American Freedom.[11]

Page 2 (right)

Verso of Patrick Henry's "Stamp Act Resolves," 29-30 May, 1765. Image from Colonial Williamsburg, Rockefeller Library Special Collections, "Principles of Freedom: The Declaration of Independence and the American Revolution."

The within resolutions passed the house of burgesses in May, 1765. They formed the first opposition to the stamp act, and the scheme of taxing America by the British parliament. All the colonies, either through fear, or want of opportunity to form an opposition, or from influence of some kind or other, had remained silent. I had been for the first time elected a burgess, a few days before was young, inexperienced, unacquainted with the forms of the house, and the members that composed it. Finding the men of weight averse to opposition, and the commencement of the tax at hand, and that no person was likely to step forth, I determined to venture, and alone, unadvised, and unassisted, on a blank leaf of an old law-book wrote the within. Upon offering them to the house, violent debates ensued. Many threats were uttered, and much abuse cast on me, by the party for submission. After a long and warm contest, the resolutions passed by a very small majority, perhaps of one or two only. The alarm spread throughout America with astonishing quickness, and the ministerial party were overwhelmed. The great point of resistance to British taxation was universally established in the colonies. This brought on the war, which finally separated the two countries, and gave independence to ours. Whether this will prove a blessing or a curse will depend upon the use our people make of the blessings which a gracious God hath bestowed on us.

If

Page 2 (left)

If they are wise, they will be great and happy. If they are of a contrary character, they will be miserable. Righteousness alone can exalt them as a nation.

Reader! whoever thou art, remember this; and in thy sphere, practise virtue thyself, and encourage it in others.

P. HENRY.

See also

References

  1. Handwriting comparisons shall be made!
  2. Jon Kukla, Speakers and Clerks of the Virginia House of Burgesses, 1643-1776 (Richmond, VA: Virginia State Library, 1981), 153.
  3. William Wirt, Sketches of the Life and Character of Patrick Henry (Philadelphia: James Webster, 1817): 57.
  4. "30 May 1765 Patrick Henry's Stamp Act Resolves," Colonial Williamsburg Foundation, Rockefeller Library Special Collections. SCMS 1958.4
  5. Journals of the House of Burgesses of Virginia, 1619-1658/59, v. 10, edited by John Pendleton Kennedy (Richmond, VA: 1907): 65.
  6. Robert Douthat Meade, Patrick Henry in the Making, vol. 1 (Philadelphia: J.B. Lippincott, 1957), 169.
  7. "The Ancestors and Descendants of John Rolfe with Notes of Some Connected Families. The Fleming Family (Continued)," Virginia Magazine of History and Biography, 24, no. 1 (January 1916), 94-97.
  8. "Patrick Henry, May 30, 1765, Resolutions on the Rights of the Virginia Colony; Taxation," The Thomas Jefferson Papers at the Library of Congress: Series 1: General Correspondence. 1651 to 1827. In a letter to William Wirt, Jefferson refers to the Resolutions of 1765 and "the copies you inclose me"; but it is clear Wirt sent a copy he had transcribed directly from the Journals of the House of Burgesses, with his own notes. "Thomas Jefferson to William Wirt, 14 August 1814;" "Enclosure: Patrick Henry’s Stamp Act Resolves, 30 May 1765," Founders Online, National Archives.
  9. Edmund Randolph, History of Virginia. Arthur H. Shaffer, ed. (Charlottesville, VA: University Press of Virginia, 1970), 168; 179.
  10. The inserted words in the third and fourth resolutions, "them," "know," "the," and "enjoyed," are in the same hand of the rest of the Resolves.
  11. The word "sole" inserted in the fifth resolution—as well as the underlining,—seems to be in Henry's hand.

External links