 | CHAPTER VIII. History of southwest Virginia, 1746-1786, Washington County, 1777-1870 |  |
A DECLARATION OF RIGHTS.
1st. That all political power is vested in and derived from the
people only.
2nd. That the people of this State ought to have the sole and
exclusive right of regulating the internal government and police
thereof.
3d. That no man, or set of men, are entitled to exclusive or
separate emoluments or privileges from the community but in consideration
of public services.
4th. That the legislative, executive and supreme judicial powers
of government ought to be forever separate and distinct from each
other.
5th. That all powers of suspending laws, or the execution of
laws, by any authority, without the consent of the representatives
of the people, are injurious to their right and ought not to be
exercised.
6th. That election of members to serve as representatives in
General Assembly ought to be free.
7th. That in all criminal prosecutions, every man has a right
to be informed of the accusation against him and to confront the
accusers and witnesses with other testimony, and shall not be compelled
to give evidence against himself.
8th. That no freeman shall be put to answer any criminal
charge but by indictment or impeachment.
9th. That no freeman shall be convicted of any crime but by
the unanimous verdict of a jury of good and lawful men in open
court, as heretofore used.
10th. That excessive bail should not be required, nor excessive
fines imposed, nor cruel nor unusual punishments inflicted.
11th. That general warrants, whereby an officer or a messenger
may be commanded to search suspected places, without evidence
of the fact committed, or to seize any person or persons not named,
are dangerous to liberty and ought not to be granted.
12th. That no freeman ought to be taken, imprisoned or disseized
of his freehold, liberties or privileges, or outlawed or exiled,
or in any manner destroyed or deprived of his life, liberty or property,
but by the law of the land.
13th. That every freeman restrained of his liberty, is entitled to
a remedy, to enquire into the lawfulness thereof, and to remove
the same, if unlawful; and that such remedy ought not to be denied
or delayed.
14th. That in all controversies at law, respecting property, the
ancient mode of trial by jury is one of the best securities of the
rights of the people and ought to remain sacred and inviolable.
15th. That the freedom of the press is one of the great bulwarks
of liberty, and therefore ought never to be restrained.
16th. That the people of this State ought not to be taxed, or
made subject to payment of any impost or duty, without the consent
of themselves or their representatives in General Assembly
freely given.
17th. That the people have a right to bear arms for the defence
of the State; and as standing armies in time of peace are dangerous
to liberty, they ought not to be kept up; and that the military
should be kept under strict subordination to, and governed by, the
civil power.
18th. That the people have a right to assembly together, to
consult for their common good, to instruct their representatives,
and to apply to the Legislature for redress of grievances.
19th. That all men have a natural and unalienable right to
worship Almighty God according to the dictates of their own consciences.
20th. That for redress of grievances and for amending and
strengthening the laws, elections ought to be often held.
21th. That a frequent recurrence to fundamental principles is
absolutely necessary to preserve the blessings of liberty.
22th. That no hereditary emoluments, privileges or honors
ought to be granted or conferred in this State.
23th. That perpetuities and monopolies are contrary to the
genius of a free State and ought not to be allowed.
24th. That retrospective laws punishing acts committed before
oppressive, unjust and incompatible with liberty; therefore no ex
post facto law ought to be made."
James Montgomery, when he accepted the commission of the
Governor as sheriff of Washington county and gave security for the
collection of the taxes due for the three preceding years, incurred
the displeasure of Colonel Campbell and the majority of the citizens
of the county, and, in turn, he became the bitter enemy of
Colonel Campbell.
The people had been advised and expected that they would be
released from the payment of their taxes for the preceding years,
upon the organization of the new State, which they confidently
believed would take place. Early in the year 1785, James Montgomery,
William Edmiston, Arthur Bowen, James Kincannon,
Samuel Edmiston and James Thompson addressed the following
communication to the Governor of Virginia, preferring charges
of malpractices and misconduct, in his office, as justice of the
peace, against Arthur Campbell.
"Sir:—Viewing with concern the present situation of affairs in
this country, throught attempts of ambitious men, thereby intending
to incense the good people thereof against the laws of the State
and proceedings of government requisite thereto, finally to effect a
new State in this quarter of the country, we cannot any longer
remain tacit beholders of the evils already generating among us,
without the most alarmed sensations, which we think the ties of
humanity and obligations to our country lead us to disclose.
Most secret plans have been laid to delude the people, holding out
to them the idea of oppressive acts imposed by the General Assembly,
intended to burthen them unjustly with a weight of taxes.
Small committees were contrived and convened by Colonel Arthur
Campbell, the leader of this disorder, as early as February and
March last, under pretext of seeking redress of grievances in behalf
of the county the present year, and decrying the laws in general of
the last Assembly. Notwithstanding every opposition made to his
measures, he continued to convene his committees, and, not long
after, in one of his committees at Major Dysart's disclosed his plan
of representation to Congress, thereby aiming to fix a boundary to
include a part of Virginia in the Frankland State.
It is also notoriously known that Colonel Campbell did, in a convention
himself with the citizens of Washington and Montgomery in Virginia,
and joining them declare themselves immediately independent
of the States of Virginia and North Carolina, and moreover,
stand in the front of the battle between these people and Virginia
when necessary. His declaration to the people of this county at the
March court, to elect no delegates to the General Assembly this
year, together with his late opposition, at the July court, to the
proclamation issued by your Excellency in Council the 10th of
June last, may be sufficient to satisfy your Excellency and Honorable
Council that the mischievous spirit prevailing here in opposition
to the present collection and other proceedings of government,
may have arisen from the licentious spirit of Colonel Campbell,
conveyed to them through his artful insinuations daily since
last court, exercised by public meetings in this county, intended to
overset the designs of the Executive in the present arrangement of
the militia; and there is reason to believe he is now aiming to
effect associations to oppose the collection when attempted to be
made. The charges herein contained can undoubtedly be supported
by General Russell, Captain Andrew Kincannon, Captain Henry
Smith and Captain William Cocke, of the Frankland settlement.
We rest the charges herein contained for the discussion and ultimate
decision of your Excellency and the Honorable Council, that
if necessary he may be cited to answer the charges against him."
When the attention of Governor Henry was called to the situation
of affairs in this county, he removed the suspension of the operation
of the militia law adopted by the Assembly at its session in
the year 1784, and removed from office Colonel Arthur Campbell,
the county lieutenant of this county, and such of the field officers,
in the militia of this county, as were active partizans of the new
State. Colonel William Russell was commissioned a brigadier-general
of militia with a full quota of officers who were opposed to
the formation of the new State. By this act, the Governor removed
from office many of the men who had served at King's mountain,
and such was the dissatisfaction produced by this action, that a
number of the leading citizens of the county who had not taken
part in the previous disturbances, addressed the following petition
to the Governor and Council of the State:
To His Excellency, Patrick Henry, Esquire, Governor of the Commonwealth
of Virginia, and the Honorable Council of State:
The petition of sundry freemen whose names are thereunto subscribed
humbly sheweth, that being pleased with the name and
wishing to glory in the reality of being citizens of a Commonwealth,
it is with infinite concern that we are constrained to address your
Excellency on a subject that we apprehend will eventually endanger
our liberties—we mean the adoption of the new militia law.
That we believe the Constitution is imperfect in some particulars;
but whilst we retain it as an acknowledged plan, springing from a
higher source than the ordinary Legislature, we ought to consider
it, until altered by the same authorities, as the basis of the laws and
all legitimate government, and besides our allegiance points out
to us as a duty, to maintain it inviolate, that former examples both
ancient and modern, our own experience and the reason of things
tell us that if an infraction is once made, and that by a delegated
power, then there will be no right, however sacred, that is possessed
by the citizens, but may be usurped, and our government ere long
terminate in anarchy or despotism, those mournful calamities that
too soon befall the human race.
To avert such direful events, to recur to first principles and to
reinstate our liberties in their pristine vigor, we are encouraged to
approach, with freedom and truth, a patriotic Chief Magistrate,
and an enlightened Council, humbly praying that the powers with
which your Honorable Board are invested may be now exercised by
refusing to execute the aforesaid Act as being unconstitutional and
oppressive; or, if need be, assemble the Legislature, at an earlier
period than it stands adjourned to, that we may have an opportunity
to seek redress from a legal tribunal. And your petitioners
shall pray:
Andrew Willoughby, Jr.,
James —,
James Craig,
Charles Cummings,
Fra. Allison,
Thomas Cummings,
John Trousdale,
James Dunlop,
John Campbell,
James Logan,
Robert Montgomery,
Joseph Acklin,
George Finley,
Robert Campbell,
Samuel Acklin,
Samuel Houston,
John Preston,
James Cummings,
John Davis,
James Moore,
Gilbert Watson,
John Christian,
Robert Craig,
Michael Higgins,
Samuel Davis,
John Cummings,
David Kinkead,
Andrew Davison,
Thomas Osburn,
Robert Johnston,
Nath. Willoughby,
David Watson,
William Bradley,
William Craig and others.
The Governor being slow to act upon the charges preferred by
James Montgomery and others against Colonel Arthur Campbell,
in the summer of the year 1785, William Edmiston, James Kincannon,
Samuel Edmiston, James Thompson and Arthur Bowen
addressed the following letter to the Governor of Virginia, preferring
additional charges against Colonel Campbell:
"Please Your Excellency and the Honorable Council:
"Sir,—A complaint being exhibited during the course of last
summer against Colonel Arthur Campbell for mal-conduct, contrary
to the most sacred ties of government, as well under his late
county lieutenancy as judge of the court of Washington, in which
he continues to act, we have consequently thereto, been honored by
advice from our Lieutenant-Governor, that the charges would be
attended to by the Executive which we still hope will meet your
patronage in due season and the offender in your wisdom cited
before a proper tribunal to answer the charges against him. Relying
that the Executive will not suffer such atrocious insult to the
Commonwealth of Virginia to pass unnoticed, we think it necessary
to add fresh matter of complaint against Colonel Campbell
that with the former now in your possession, his wicked and persevering
conduct may be more clearly explained to your Honorable
Board. When the decision of the Executive made it necessary to
arrange the militia of Washington county under the law of eighty-four,
and the Governor's proclamation was issued for that purpose,
which being accompanied with the field officers' commissions were
laid before Washington court, Colonel Campbell on the bench
objected to the proclamation and power of the Executive, under
the law, and quitting the bench addressed himself to the court, telling
them that the militia law was arbitrary, tyrannical and oppressive;
and after condemning the last Assembly for enacting the law,
said that the power of enforcing the law was in the court, not in
field officers to qualify; he also hoped that the court and people of
the county would pay no obedience to the law or proclamation.
Colonel Campbell finding some opposition to his measures by the
court, alleged that the Executive having suspended the operations
of the law till January, 1786, he had not a right to take off that
suspension, by which time, he made no doubt, the law would be
repealed; and after finding some of the court opposed to his propositions,
plead, (notwithstanding the danger of the frontiers)
that the court should not suffer the field officers to qualify at that
time. His constant endeavors to prejudice the citizens of this
county ever since against the law, will appear from a petition to
the Assembly which he promoted."
And at the same time James Montgomery, who was a member
of the Legislature from Washington county, preferred the following
charges against Colonel Campbell:
"1st. That he advised persons chargeable with public taxes to
refuse payment thereof.
2d. That he advised freeholders against electing members to the
General Assembly.
3d. That he attempted by various means, openly and secretly, to
induce the inhabitants of Washington county to separate from this
Commonwealth.
4th. That he left the bench on a day when the court was sitting
and attempted to persuade the court that no regard ought to be
paid to the militia law, or the Governor's proclamation for enforcing
it."
The Governor and Council, upon consideration of said charges,
directed that the first Monday in April, 1786, be set apart for
enquiring into the charges aforesaid, at the Council chamber in
the city of Richmond, and that the said Arthur Campbell have
notice of such intended inquiry and be furnished with a copy of the
charges exhibited against him on or before the first day of February
next, and that the parties be at liberty from that period to the 15th
day of March next, to take depositions of witnesses, respecting the
charges aforesaid, giving ten days' previous notice of the time and
place of taking the same, and that when taken they be transmitted
to His Excellency the Governor, under the hand and seal of the
In answer to Governor Henry's proclamation enforcing the militia
law, Colonel Arthur Campbell, who had been particularly named
therein, addressed the following letter to the Governor:
After having been honored lately with the receipt of several
of your Excellency's letters, particularly that of the 17th of
May last, and the several communications made in consequence of
them, particularly my letter of the 13th of June, the principal officers
and the Whig interest in this county seemed to rest satisfied
that an amicable and enlightened administration would pave the
way to the Legislature and to Congress for the efficient and permanent
redress of the principal, and in some cases the almost
intolerable grievances of the western inhabitants. But while
secure in this confidence, we have to lament that the voice of
calumny and faction has reached the seat of supreme rule, and
that, without a constitutional enquiry, without a fair hearing, it
has been in some degree listened to, and had effect. It is hard to
defend when it is not known what we are charged with, and at
all times who can disarm private pique, or be able to withstand
malice and envy without feeling some smart. But political fury,
engendered by Tory principles, knows no bounds and is without
a parallel. Bernard and Hutchison have exhibited to Governors
and the world, examples that ought to teach wisdom to this and
succeeding generations. We are told (but it is only from report)
that we have offended government on account of our sentiments
being favorable to a new State, and our looking forward for a separation.
If such a disposition is criminal, I confess there are not
a few in this county to whom guilt may be imputed, and to many
respectable characters in other counties on the western waters. If
we wish for a separation it is on account of grievances that daily
become more and more intolerable, it is from a hope that another
mode of governing will make us more useful than we are now to the
general confederacy, or ever can be whilst so connected. But why
can blame fall on us, when our aim is to conduct measures in an
orderly manner, and strictly consistent with the Constitution.
Surely men who have bound themselves by every holy tie to support
republican principles, cannot on a dispassionate consideration
blame us. Our want of experience and knowledge may be a plea
account, but at the same time firmly believe that our advances to
knowledge will still continue slow, perhaps verge towards ignorance
and barbarism, without the benefit of local independent institutions.
But, sir, why may we not take courage and say we are right when
adverting to our own constitution, to the different Acts of Congress,
that of different legislatures, the opinion of the first statesmen
in America, among whom we can number an illustrious commander,
a great lawyer and judge in this State, and a Governor of
Virginia himself?
All that I have to ask, and it is all that I may ever crave, is
that your Excellency may not, from invidious information, form
such rash measures, so urge matters, at an untimely day to extremities,
which only might gratify an angry individual, but would, by
no means, promote the interest and peace of the Commonwealth,
or its honor and dignity.
I am, sir, with respect, your most obedient servant,
The agitation continued until the meeting of the General Assembly
of Virginia, on October, 1785, at which time, the Governor
transmitted to the General Assembly a message in regard to the
action taken by the people of this portion of Virginia, praying the
establishment of an independent State.
Accompanying the message was the memorial adopted by the
Assembly that met at Abingdon, addressed to the Congress of the
United States as heretofore given. The message of the Governor
to the General Assembly was as follows:
| CHAPTER VIII. History of southwest Virginia, 1746-1786, Washington County, 1777-1870 | |