This decision virtually annulled the power of Henry as commander-in-chief. The clause of the ordinance of convention which authorized the committee to direct military movements is the following:--

"_And whereas_ it may be necessary for the public security that the forces to be raised by virtue of this ordinance should, as occasion may require, be marched to different parts of the colony, and that the officers should be subject to a proper control,--

"_Be it ordained by the authority aforesaid_, That the officers and soldiers under such command shall, in all things not otherwise particularly provided for by this ordinance and the articles established for their regulation, be under the control and subject to the order of the general committee of safety."[637:A]

It could hardly be said of Woodford and his men that they were marched to a different part of the colony; he and Colonel Henry were still in the same quarter of Virginia, and not far apart. For so numerous a body as the convention, or even the committee of safety, to a.s.sume all the functions of the commander-in-chief, was incompatible with the unity, secrecy, and prompt.i.tude demanded in the conduct of war. If not, of what advantage was the appointment of a commander-in-chief at all? If the committee, by such a construction of their powers, could virtually annul the authority of the commander-in-chief, he, whose powers were at the least as ample as theirs, might, by a like construction, have repudiated their authority. The conduct of the committee toward Colonel Henry was strongly censured by the people as well as the troops, and they imputed it to personal envy.[637:B] Those, however, who approved of the committee's course, attributed it to a want of confidence in Colonel Henry, as deficient in military experience.[638:A] Other mortifications were in store for the man of the people.

Shortly after the battle of the Great Bridge the Provincials, under Howe, took possession of Norfolk, encamped there in the "Town Camp."

FOOTNOTES:

[632:A] John Banister proposing to turn his saw-mill at Petersburg into a powder-mill, the convention ordered saltpetre and sulphur to be sent there for him. Richard Bland advised that saltpetre should be made at Appomattox warehouses, (Petersburg,) fearing that supineness possessed all ranks, and offering to contribute toward that useful work.

[634:A] Lee Papers, S. Lit. Messr., 1858, p. 254.

[635:A] An account of his visit to Yorktown shortly after the battle, and his courtship, by John Eston Cooke, is to be found in Historical Magazine for June, 1859.

[636:A] Wirt's Life of Patrick Henry, 171.

[637:A] Journal of the Convention of 1775.

[637:B] Wirt's Henry, 178.

[638:A] And perhaps as unduly familiar with the men under his command.

As an instance of this it is said that he was seen among them with his coat off--a grave charge indeed!

CHAPTER Lx.x.xVI.

1775.

Manufacture of Gunpowder--Norfolk burnt--Dunmore's conduct-- Henry resigns--Indignation of troops--Troops at Williamsburg-- General Orders.

ON Christmas day, 1775, Benjamin Harrison, Jr., having leave of absence from the convention for three days, at the Lower Ferry, on Chickahominy River, was conferring with Jacob Rubsamen, in his broken English, in regard to the manufacture of saltpetre; he having been sent on by the Virginia delegates in congress to superintend the manufacture of gunpowder. Mr. Harrison's father and himself were disposed to "be dabbling in the saltpetre way." Rubsamen afterwards manufactured much saltpetre and powder in Virginia, and was involved in no little trouble in the work, and in getting paid for it.

On the twenty-eighth of December Edmund Pendleton writes to Richard Henry Lee: "If the house of Bourbon mean to join us it will be soon, lest the progress of the enemy should make our connection less valuable by the destruction of our commercial cities."

Dunmore's fleet being distressed for provisions, upon the arrival of the Liverpool man-of-war from England, a flag was sent on sh.o.r.e to enquire whether the inhabitants would supply his majesty's ship? It was answered in the negative; and the ships in the harbor being continually annoyed by a fire from the quarter of the town lying next the water, Dunmore determined to dislodge the a.s.sailants. Previous notice having been given to the inhabitants, January the 1st, 1776, a party of sailors and marines landed, and set fire to the nearest houses. The party was covered by a cannonade from the Liverpool frigate, two sloops-of-war, and the governor's armed ship, the Dunmore. A few were killed and wounded on both sides.

A printer's press had been removed from Norfolk some time before this on board the governor's ship, and according to his bulletin published after this affair, it was only intended to destroy that part of the town next the water. But the provincials, strongly prejudiced against the place as a harbor for tories, made no attempts to arrest the flames.

After four-fifths of the town were destroyed, Colonel Howe, who had waited on the convention to urge the necessity of completing the destruction, returned with orders to that effect, which were immediately carried into execution. Thus fell the most populous and flourishing town in Virginia. Its rental amounted to $44,000, and the total loss was estimated at $1,300,000. It is said that alone of all the civil and military leaders of the colony, General Andrew Lewis opposed the order for burning Norfolk.

In February, the North Carolina provincials defeated the royalists at Moore's Creek Bridge. This well-timed and vigorous blow intimidated the tories, and animated the patriots with new ardor.

Dunmore continued to carry on a predatory warfare on the rivers, burning houses and plundering plantations, and had now rendered himself the object of general execration.

During February John Page wrote to Richard Henry Lee: "I have been always of your opinion with respect to our present commander-in-chief.

All orders do pa.s.s through him, and we really wish to be in perfect harmony with him." The convention of Virginia having raised six additional regiments, solicited congress to take the Virginia troops on continental establishment. That body, doubtless misled by the intrigues of the same cabal which had already virtually deprived Colonel Henry of his command, resolved to take the six _new_ regiments, pa.s.sing by the first two, so as to exclude Colonel Henry from the chief command, to which he was best ent.i.tled. The convention of Virginia, however, interposing at this point, remonstrated against the degradation of the officers of their first choice, and earnestly requested congress, should it adhere to the determination of taking only six regiments into continental pay, to allow the two first raised to stand first in the new arrangement. This request was nominally agreed to, but at the same time when a commission of colonel was forwarded to him, commissions of brigadier-general were forwarded to Colonel Howe and Colonel Andrew Lewis. A commission, dated at Philadelphia, February the 13th, 1776, appointing Colonel Henry to the command of the first Virginia regiment taken upon the continental establishment, was forwarded by congress to the committee of safety.

Colonel Henry felt himself compelled by every sentiment of self-respect to refuse it, and immediately resigned that which he held from the state. The troops encamped at Williamsburg, upon hearing of his resignation, went into mourning, and being under arms, waited on him at his lodgings on the last day of February. In their address they deplored his withdrawal from the army, but applauded his just resentment at "a glaring indignity." Colonel Henry in replying said: "This kind testimony of your regard to me would have been an ample reward for services much greater than those I have had the power to perform." "I leave the service, but I leave my heart with you. May G.o.d bless you, and give you success and safety, and make you the glorious instrument of saving our country." In the evening they a.s.sembled tumultuously, and unwilling to serve under any other commander, demanded their discharge. Colonel Henry felt himself obliged to defer his departure a while, and he, who was in the following year accused of a desire to make himself dictator, now visited the barracks, and employed his eloquence in allaying these alarming commotions.

Washington, in a letter to Joseph Reed, dated March the seventh, wrote: "I think my countrymen made a capital mistake when they took Henry out of the senate to place him in the field, and pity it is that he does not see this, and remove every difficulty by a voluntary resignation." Mr.

Reed, in his reply, dated at Philadelphia, said to Washington: "We have some accounts from Virginia that Colonel Henry has resigned in disgust at not being made a general officer; but it rather gives satisfaction than otherwise, as his abilities seem better calculated for the senate than the field." In the same letter Mr. Reed wrote: "It is said the Virginians are so alarmed with the idea of independence that they have sent Mr. Braxton on purpose to turn the vote of that colony, if any question on that subject should come before congress." Mr. Reed himself had entertained strong misgivings on the question of independence.

During this month Colonel Henry was addressed by ninety officers at Kemp's Landing, at Suffolk, in Colonel Woodford's camp, and at Williamsburg. In this address they said: "We join with the general voice of the people, and think it our duty to make this public declaration of our high respect for your distinguished merit. To your vigilance and judgment as a senator this united continent bears ample testimony, while she prosecutes her steady opposition to those destructive ministerial measures which your eloquence first pointed out and taught to resent, and your resolution led forward to resist." "We have the fullest confidence in your abilities and the rect.i.tude of your views; and however willing the envious may be to undermine an established reputation, we trust the day will come when justice shall prevail, and thereby secure you an honorable and happy return to the glorious employment of conducting our councils and hazarding your life in the defence of your country." The imputation of envy was aimed at the committee of safety as a body, or what is more probable, at some individual or individuals of it, who were believed to be the secret authors of that series of indignities which had driven Colonel Henry from military life.[642:A] The people regarded the indignities shown to their favorite as an effort to pinion the eagle, whose adventurous wing had launched into the storm and cuffed the tempestuous clouds, while others sat crouching in their conservative nests, mute and thunderstruck.

In the mean time the troops remained quartered at Williamsburg.[642:B]

In a general order issued in March the soldiers were called upon to devote themselves to their duty, to exert themselves in learning the necessary discipline, to respect the persons and property of their fellow-citizens; and the officers were exhorted to fit themselves and the men for the high trust of defending the property and liberty of their country.

FOOTNOTES:

[642:A] Wirt's Life of Patrick Henry, 206.

[642:B] GENERAL ORDERS.--_Williamsburg, Headquarters, March 19th, 1776._

March 23. "The officers are desired to examine strictly into their respective companies that no gaming be carried on of any kind whatsoever. When there is any leisure time from their duties of the camp, every one will be improving himself in the military service, and not pa.s.s over in idleness, or business of a worse tendency, the peaceable and precious hours now on hand. The officers will in every respect attend to the morals of their men, and endeavor to train the youths under their particular care, as well in a moral as in a military way of life."

March 27. "The grand squad to turn out at three o'clock on the parade, if the weather will permit; the awkward squad to turn out at seven o'clock in the forenoon, likewise at three in the afternoon, and to exercise for two hours each time, under the direction of a commissioned officer, sergeant, and corporal, who are accountable for any neglect of duty in management of that squad; those captains who have any awkward men, or men without arms, are to apply to the commanding officer for an order for such arms in the magazine as will do to exercise with, and to be answerable for their return when called for. Captain Cabell's company to draw ammunition to-day for the trial of their rifles to-morrow, between the hours of eight and ten in the forenoon. The men are to provide a target to-day."

R. O. "All the gentlemen cadets[642:C] are desired to attend the parade constantly; likewise a list of their names, to be given in to the colonel to-morrow forenoon, specifying the time of their entering, and with what captain. The colonel has thought proper to appoint Matthew Snook as fife-major, and William Croker as drum-major; and they are to be obeyed as such, and are to practice the young fifers and drummers between the hours of ten and eleven o'clock every day, and take care that they perform their several duties with as much exactness as possible. The officers and cadets are to give in their names as is directed in the foregoing orders. A regimental court-martial to sit at twelve o'clock, for the trial of John Hogins, of Captain Ma.s.sie's company. Captain Johnston, president. Members, Lieutenant Hobson, Lieutenant Burton, Ensign Stokes, Ensign Armistead. Officer for the day, to-morrow, Captain Cabell. Officers for the guard to-morrow, Lieutenant Jones, Lieutenant Garland, Ensign Catlett. Captain Ruffin to find one cadet and fourteen privates." Extracted from MS. Orderly Book, obligingly lent me by Mr. John M. West, of Petersburg.

[642:C] A cadet was a young man serving in the ranks without pay, in the hope of obtaining a commission.

CHAPTER Lx.x.xVII.

1776.

Patrick Henry, Delegate to Convention--Convention at Williamsburg--Pendleton, President--Corbin's Pet.i.tion-- Wormley's Pet.i.tion--Nelson's Letter urging Independence-- Braxton's Pamphlet--Delegates in Congress instructed to propose Independence--Declaration of Rights--Const.i.tution-- Patrick Henry, Governor--George Mason--Miscellaneous.

IMMEDIATELY upon his return to Hanover, Mr. Henry was elected a delegate to the convention which was soon to meet. In a letter, dated April twentieth, Richard Henry Lee exhorted him to propose a separation from Great Britain.[644:A]

The convention met on the 6th of May, 1776, at Williamsburg. Edmund Pendleton was nominated by Richard Bland, for the post of president, and the nomination was seconded by Archibald Cary; Thomas Ludwell Lee was nominated by Thomas Johnson, of Louisa, and seconded by Bartholomew Dandridge. Mr. Lee's nomination, made by Mr. Henry's warm supporters, indicates the dissatisfaction felt toward Mr. Pendleton. The last mentioned gentleman, who was admirably qualified for the place, was elected; by what vote is not known. In his address he reminded the convention that the administration of justice, and almost all the powers of government, had now been suspended for nearly two years; and he called on them to reflect whether they could in that situation longer sustain the struggle in which they were engaged. Having suggested certain subjects for their consideration, he exhorted them to be composed, unanimous, and diligent.

John Goodrich, Jr., a suspected person, was confined, by order of the convention, to his room, in Williamsburg, under guard. The court of commissioners for Gloucester having found John Wilkie guilty of giving intelligence to the enemy, his estate was confiscated, and Sir John Peyton, Baronet, appointed commissioner to put the proceeds into the treasury. John Tayloe Corbin presented a pet.i.tion setting forth that in October, 1775, a time when all America, as well in congress as in conventions, was avowing loyalty to the king, he wrote a letter to Charles Neilson, Esq., of Urbanna, who was going to Norfolk, in consequence of which he had been arrested by military warrant, and was now confined in the guard-house. The convention ordered that for the present he should be confined to his room in Williamsburg, under guard.

Shortly after he was ordered to be confined to the region between the Matapony and the Pamunkey in Caroline, and give bond in the penalty of ten thousand pounds.

Ralph Wormley, in a pet.i.tion, apologised for a letter which he had written to Lord Dunmore, communicating his opinions on the state of affairs, and which had excited the indignation of the country against him; declared that he had ever disclaimed parliament's right of taxation over this continent, but that it was his misfortune to differ in sentiments from the mode adopted to obtain a renunciation of that unconst.i.tutional claim, praying to be released from confinement, submitting to the mercy of his country, and promising in future to conduct himself in conformity with the ordinances of the convention. He was ordered to confine himself to Berkley County, and that part of his father's estate which lay in Frederick, and to give a bond with a penalty of ten thousand pounds.

On the eighth Thomas Nelson, Jr., addressed a letter to a member of the convention, in which he says: "Since our conversation, yesterday, my thoughts have been sorely employed on the great question, whether independence ought, or ought not, to be immediately declared? Having weighed the arguments on both sides, I am clearly of opinion that we must, as we value the liberties of America, or even her existence, without a moment's delay, declare for independence. If my reasons appear weak, you will excuse them for the disinterestedness of the author, as I may venture to affirm that no man on this continent will sacrifice more than myself by the separation." He combats the objection that the sentiments of France and Spain should be ascertained previously; because there was reason to hope that their sentiments would be favorable, and because at any rate, in the perilous situation of the colonies, the hazard must be ventured on. France could not fail to understand that the breaking up of the English monopoly of the American trade would enure to her own benefit. The fear that France might be diverted from an alliance by an offer of part.i.tion from Great Britain, appeared chimerical, and contrary to the settled policy of the court of Louis the Sixteenth. In any case delay in declaring independence would be ruinous, as without it the soldiers, disheartened, would abandon their colors. Mr. Nelson in conclusion adds: "I can a.s.sure you, sir, that the spirit of the people, (except a very few in these lower parts, whose little blood has been sucked out by mosquitoes,) cry out for this declaration. The military in particular, men and officers, are outrageous on the subject; and a man of your excellent discernment need not be told how dangerous it would be in our present circ.u.mstances to dally with the spirit, or disappoint the expectations of the bulk of the people."