Modern Age - Fall 2014 - 74

MODERN AGE

named Patrick Henry. Many of the impor-
tant burgesses had already left the session,
and no one expected much when Henry
arose with seven resolutions against the
Stamp Act. Suddenly a stream of eloquence
filled the chamber, punctuated by brilliant
legal arguments. Cries of "Treason!" filled
the air, but so strong was his case that four of
his resolutions actually passed.
The first resolution said that the settlers of
"his Majesty's colony" brought with them
"all the liberties, privileges, franchises, and
immunities that have at any time been held,
enjoyed, and possessed by the people of
Great Britain."
The second resolution said that two royal
charters granted them all these liberties "as if
they had been abiding and born within the
realm of England."
The third resolution said that only taxa-
tion levied by the people themselves, or their
representatives, was "the distinguishing
characteristic of British freedom, without
which the ancient constitution cannot exist."
The fourth resolution said it was the right of
the colonists to govern themselves, and "that
the same has never been forfeited or yielded
up, but has been constantly recognized by
the kings and people of Great Britain."
These are all arguments taken from Coke
upon Lyttleton. Henry never wrote down his
speech but said later that he had just jotted a
few notes "on the flyleaf of an old law book."
His argument that the ancient rights granted
by English law were transferred to America
by the Royal Charters, that Parliament did
not create the colonies and had no jurisdic-
tion over them, and therefore had no power
to tax them, and that only the Virginia
legislature could do so-all these arguments
became the intellectual underpinning of the
American drive for independence.
Henry's resolutions indeed touched off
fiery debates throughout the colonies.
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FALL 2014

On February 27, 1766, Richard Henry Lee
called together 115 freeholders of Westmore-
land County at Leedstown, Virginia, about
twelve miles south of Stratford Hall. He
had drawn up resolutions that, as usual,
were in the form of a petition of right. His
arguments were the same as Henry's. There
was a respectful preamble addressed to the
king, but the operative clauses bordered on
sedition. He stated that it was "a birthright
privilege" of every British subject, includ-
ing the people of Virginia, to be tried by a
jury of one's peers, and a citizen could not
be taxed except by a legislature "where he is
represented by representatives chosen by the
people." In other words, taxation is legitimate
only when it is agreed upon by representa-
tives in the Virginia House of Burgesses,
and not by Parliament in England, where
the colonists have no such representation.
Finally, the resolutions promised "immedi-
ate danger and disgrace" to any "abandoned
wretch" who dared to use stamped paper.
Among the 115 signers of the Westmore-
land Resolutions were four of the Lee broth-
ers, four of the Washington brothers, and
one Spence Monroe. His son James Monroe
was eight years old at the time.
Both Richard Henry Lee and Francis
Lightfoot Lee signed the document. Ten
years later in Philadelphia, the same Richard
Henry Lee offered on July 2, 1776, the reso-
lution to Congress declaring
that these united Colonies are, and
ought to be, free and independent States,
that they are absolved from all allegiance
from the British crown, and that all
political connection between America
and State of Great Britain is, and ought
to be, totally dissolved.

Richard Henry Lee's resolution was the
legal instrument that put into effect the
Modern Age - Fall 2014

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