Virginia Gazette (Rind), 25 May 1769

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This edition of the Virginia Gazette features extracts from the Journals of the House of Burgesses of Virginia. The excerpts are written by George Wythe who was the Chair of the House of Burgesses at the time of the paper's publishing. The excerpts touch on a range of subjects including the right of American colonists to be tried in America rather than in Great Britain and the Houses opinion on recent illegal acts against the King's revenue officers in the province of Massachusetts-Bay. [1]

Article text, 25 May 1769

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TUESDAY, the 16th of May, 9th

George III. 1769.

THE order of the day being read for the House to resolve itself into a committee of the whole House, to consider of the present state of the colony;

Ordered, That the statute made in the twenty sixth year of the reign of King Henry the Eight, intituled, "An act whereby offense be made high treason, and taking away all sanctuaries for all manner of high treasons"; also one other statute made in the thirty fifth year of the same King's reign, intituled, "An act for the trial of treasons committed out of the King's dominions"; and also one other statute made in the first and second years of the reign of King Phillip an Queen Mary, chapter the tenth, be referred to the said committee. The the House resolved itself to the said Committee. Mr. Speaker left the chair. Mr. Blair too the chair of the committee. Mr. Speaker resumed the chair. Mr. Blair reported from the Committee, that they had come to several resolutions, which he read in his place, and afterwards delivered in at the Clerk's table, where the same were read, and are as followeth, viz.

RESOLVED, That it is the opinion of this Committee, That the sole right of imposing taxes on the inhabitants of this his Majesty's colony and dominion of Virginia, is now, and ever hath been, legally and constitutionally vested in the House of Burgesses, lawfully convened according to the ancient and established practice, with the consent of the Council, and of his Majesty, the King of Great-Britain, or his Governor for the time being.

Resolved, That it is the opinion of this Committee, That it is the undoubted privilege of the inhabitants of this colony, to petition their Sovereign for the redress of grievances; and that it is lawful and expedient to procure the concurrence his other Majesty's colonies, in dutiful addresses, praying the Royal interposition in favour of the violated rights of America.

Resolved, That it is the opinion of the Committee, That all trials for treason, misprison of treason, or for any felony or crime whatsoever, committed and done in this his Majesty's said colony and dominion, by any person or persons residing therein, ought of right to be had, and conducted in and before his Majesty's courts, held within the said colony according to the fixed and known course of proceeding; and that the seizing any person or persons residing in this colony, suspected of any crime whatsoever, committed therein, and sending such person or persons to places beyond the sea, to be tried, is highly derogatory of the rights of British subjects; as thereby the inestimable privilege of being tried by a jury from the vicinage, as well as the liberty of summoning and producing on such trial, will be taken away from the party accused.

Resolved, That it is the opinion of this Committee, That an humble, dutiful, and loyal address be presented to his Majesty, to assure him of our inviolable attachment to his sacred person and government; and to beseech his Royal interposition as the father of all his people, however, remote from the seat of his empire, to quiet the minds of his loyal subjects of this colony, and to avert from them dangers and miseries which will ensue, from seizing and carrying beyond sea any persons residing in America, suspected of any crime whatsoever be tried in any other manner than by the ancient and long established course of proceeding.

The said resolutions being severally read a second time, —

Resolved, Nemine Contradicente, That this House doth agree with the Committee in the said resolutions.

Mr. Blair also acquainted the House, that he was directed by the Committee to move, that they may have leave to sit again.

Resolved, That this House tomorrow will tomorrow, resolve itself into a Committee of the whole House, to consider further of the present state of the colony.

Ordered. That the Speaker of the House do transmit, without delay, to the Speakers of the several Houses of Assembly, on this continent, a copy of the resolutions now agreed to by this House, requesting their concurrence therein.

A true copy, extracted from the journal of the House of Burgesses.

GEORGE WYTHE, C. H. B.

By the HOUSE of BURGESSES. WEDNESDAY, the 17th of May, 9th

GEORGE III. 1769.

ORDERED, That the resolutions of the Lords Spiritual and Temporal in Parliament assembled, and also the address of the Lords Spiritual and Temporal, and Commons, in Parliament assembled, to his Majesty, transmitted to the Committee of Correspondence by the Agent for this colony, in his letters of the 16th of December, and 18th of February last, be printed in the VIRGINIA GAZETTE.

GEORGE WYTHE. C.H.B.

Resolved, by the Lords Spiritual and Temporal in Parliament assembled,, THAT the votes resolutions and proceedings of the House of Representatives of Massachusetts-Bay, in the months of January and February last, respecting several late acts of Parliament, so far as the said votes, and resolutions, and proceedings do import a denial of, or draw into question, the power of his Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in Parliament assembled, to make laws and statutes of sufficient force and validity to make laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the Crown of Great-Britain, in all cafes whatsoever, are illegal, unconstitutional, and derogatory of the rights of the Crown and Parliament of Great-Britain.

II. Resolved, That the resolution of the said House of Burgesses, of the province of Massachusetts-Bay, in January last, to write letters to the several House of Representatives of the British colonies of the continent, desiring them to join with the said House of Representatives, of the province of Massachusetts-Bay, in petitions which do deny or draw into question the right of Parliament to impose duties and taxes upon his majesty's subjects in America, and in pursuance of the said resolution the writing such letters, in which certain late acts of Parliament, imposing duties and taxes, are stated to be infringements of the rights of his Majesty's subjects of the said province, are proceedings of a most unwarrantable and dangerous nature, calculated to inflame the minds of his Majesty's subjects in the other colonies, tending to create unlawful combinations, repugnant to the laws of Great-Britain, and subversive of the constitution.

III. Resolved, That it appears that the town of Boston, in the province of Massachusetts-Bay, has for some time past been in a state of great disorder and confusion, and that the peace of the said town has, at several times, been disturbed by riots and tumults of a dangerous nature, in which the officers of his Majesty's revenue there, have been obstructed by acts of violence, in the execution of the laws, and their lives endangered.

IV. Resolved, That it appears that neither the Council of the said province of Massachusetts Bay, nor the ordinary civil Magistrates, did exert their authority for suppressing the said riots and tumults.

V. Resolved, that in these circumstances of the province of Massachusetts Bay, of the town of Boston, the preservation of the public peace and the due execution of the laws, became impracticable without the aid of a military force to support and protect the civil Magistrate, said the officers of his Majesty's revenue.

VI. Resolved, That the declarations, resolutions, and proceedings in the town meetings at Boston, on the 14th of June, and 12th of September, were illegal and unconstitutional, and calculated to excite sedition and insurrections in his majesty's province of Massachusetts Bay.

VII. Resolved, That the appointment at the ??? meeting, of the 12th of September, of a convention to be held in the town of Boston, on the 22d of that month, to consist of deputies from the several towns and districts in the province of Massachusetts-Bay, and the issuing a precept by the Said men of the town of Boston, to each of the said towns and districts, for the election of such deputies, were proceedings subversive of his Majesty's governance and evidently manifested to a design in the inhabitants of the said town of Boston, to set up a new and unconstitutional authority, independent of the Crown of Great-Britain.

VIII. Resolved, that the elections by several towns and districts in the province of Massachusetts-Bay, of deputies to fit in the said convention, and the meeting of such convention in consequences thereof, were daring insults offered to his Majesty's authority, and audacius usurpations of the powers of government.

AN ADDRESS TO HIS MAJESTY.

Most Gracious Sovereign,

WE your Majesty's most dutiful and loyal subjects, the Lords Spiritual and Temporal and Commons, in Parliament assembled, return to your Majesty our humble thanks, for the communication your Majesty has been graciously pleased to make to your Parliament, of several papers, relative to public transactions, in your Majesty's province of Massachusetts-Bay.

We beg to express to your Majesty our sincere satisfaction in the measures which your majesty has pursued, for supporting the constitution and for inducing a due ovedience to the authority of the legislaturel and to give your Majesty the strongest assurances, that we will essectually??? stand by and support your Majesty, in such further measures as may be found necessary to maintain the civil Magistrates in a due execution of the laws within your Majesty's province of Massachusetts-Bay. And as we conceive that nothing can be immediately necessary, either for the maintenance of your Majesty's authority in the said province, or for guarding your Majesty's subjects therein from being furthe rdeduced by the arts of wicked and designing men, than to proceed in the most speedy and effectual manner, for bringing to condign??? punishment the chief authors and ??? of the late disorders; we humbly beseach your Majesty, that you will be graciously pleased to direct your Majesty's Governor of Massachusetts-Bay, to take the most effectual methods for procuring the fullest information that can be obtained, touching all treasons, misprisions, of teason commited within his government, since the thirtieth day of December, one thousand seven hundred and sixty-seven, and to transmit the same, together with the names of the persons who were most active in the commission of such offenses, to one of your Majesty's principal Secretaries of State, in order that your Majesty may issue a special commission, for enquiring of, hearing, and determining the said offenses, within this realm, pursuant to the provisions of the statute of the thirty-fifth year of the reign of King Genry the eight, in case your Majesty shall, upon receiving the said information, see sufficient ground for such a proceeding.

ORDERED, That the resolutions of the Committee of the whole House, yesterday, reported to the House, and by them agreed to, be printed in the VIRGINIA GAZETTE.

A true copy, extracted from the journal of the House of Burgesses.
GEORGE WYHTE C.H.B.

To the King's Most Excellent Majesty: THE ???? ADDRESS of his dutiful and loyal subjects, the house of Burgesses of his Majesty's ??? ??? Virginia, met in General Assembly. ??? MAJESTY,

WE your Majesty's most loyal, dutiful, and affectionate subjects, the house of Burgesses of this your Majesty's colony of Virginia, ??? met in General Assembly, be leave, in the humblest manner, to assure your Majesty, that your faithful subjects of this colony, ever distinguished by their loyalty, and firm attachment to your Majesty, and your Royal ancestors, far from your countenancing traitors, treasons or misprisions of treason, are ready, at any time, to sacrifice our lives and fortunes in defense of your Majesty's sacred person and government.

It is with the deepest concern, and most heartfel grief, that your Majesty's dutiful subjects of this colony, find that their loyalty hath been traduced, and that those measures which a just regard for the British constitution (dearer to them than life) made necessary duties, have been misrepresentated as rebellious attacks upon your Majesty's government.

When we consider that by the established laws and constitution of this colony, the most ample provision is made for apprehending and punish ??? those who shall dare ??? any treasonable practices against your Majesty, or disturb the tranquility of government, we cannot without horror think of the new, unusual, and permit us with all humility, to add, unconstitutional and illegal mode, recommended to your Majesty, of seizing carrying beyond sea, the inhabitants of America suspected of any crime; and of trying such persons in any other manner than by the antient and long established course of proceeding: For how truly deplorable must be the cafe of a wretched American, who, having incurred the displeasure of any one in power, is dragged from his native home, and his dearest domestic connections, thrown into a prison,

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not to await his trial before a court, jury, or judges, from a knowledge of whom he is encouraged to hope for speedy justice but to exchange his imprisonment in his own court??? for letters amongst strangers; conveyed to a distant land, where no friend, norelation, will alleviate his distresses, or minister to his necessities; and where no witness can be found to testify his innocence; shunned by the reputable and honest, and consigned to the society and converse of the wretched and the abandoned; he can only pray that he may soon end his misery with his life.

Truly alarmed at the fatal tendency of these pernicious counsels, and with hearts filled with anguish by such dangerous invasions of our dearest privileges, we presume to prostrate ourselves at the foot of your Royal throne, beseeching your Majesty, as our King and father, to avert from your faithful and loyal subjects of America, those miseries which must necessarily be the consequence of such measures. After expressing our firm confidence in your Royal wisdom and goodness, permit us to assure your Majesty, that the most fervent prayers of your people of this colony are daily addressed to the Almighty, that your Majesty's reign may be long and prosperous over Great-Britain and all your dominions, and that after death, your Majesty may taste the fullest fruition of eternal bliss, and that a descendent[sic] of your illustrious House may reign over the extended British empire until time shall be no more.

GEORGE WYTHE, C. H. B.

See also

References

  1. Virginia Gazette (Rind, Williamsburg, VA), May 25, 1769, 1-2.