cZi?^^To WILLIAM FITZHUGH GORDON ua^ie FRONTISPIECE WILLIAM FITZHUGH GORDON A VIRGINIAN OF THE OLD SCHOOL: HIS LIFE, TIMES AND CONTEMPORARIES (1787-1858) By ARMISTEAD C. GORDON Author of "Robin Aroon," "The Ivory Gate," etc. New York and Washington THE NEALE PUBLISHING COMPANY 1909 Copyright, 1909, by The Neale Publishing Company "Let the banks facilitate the exchanges of commerce and further the interests of trade; but let them, I pray you, have nothing to do with the Government." — Gordon's Speech on proposing the Inde pendent Treasury in 183s. To MASON GORDON, himself "a Virginian of the Old School," THIS Biography of his Father is inscribed with gratitude and affection. CONTENTS Introduction, 13 Chapter I, 18 Ancestry, Chapter II, 34 Parents, Chapter III, 48 Early Life. Chapter IV, 64 "The Red Hills of Piedmont," Chapter V, 76 In the War of 18 12. Chapter VI, 89 In the General Assembly — The University of Virginia, Chapter VII, 107 In the General Assembly — Some of Its Members — The Office of Governor, Chapter VIII, 122 In the General Assembly — Politics and Politicians^ — W^illiam B. Giles, Chapter IX, 140 In the General Assembly — Lafayette's Visit — Jefferson's Lottery. Chapter X, 152 In the Constitutional Convention of Twenty-Nine-Thirty — The Distinction of Its Membership, Chapter XI, 170 In the Constitutional Convention of Twenty-nine-Thirty — Advocacy of the White Basis — Randolph of Roanoke, IG WILLIAM FITZHUGH GORDON Chapter XII, 182 Elected to Congress — Personnel of the Vir ginia Members — The Whig Party — The Jefferson Birthday Dinner. Chapter XIII, 197 In Congress — The Nullifiers — Nullifica tion and Secession, Chapter XIV, 209 In Congress — The Bank Controversy — The Removal of the Deposits — The Vir ginia Resolutions, Chapter XV, 226 In Congress — Originates the Independent Treasury. Chapter XVI, 241 Gordon's Speech in 1835 on Again Propos ing the Independent Treasury. Chapter XVII, 257 The Independent Treasury, Chapter XVIII, 266 Contemporaries in Congress — 1 829-1 835. Chapter XIX, 281 Speeches and Debates in Congress — The Judiciary Act — The Bill to Remove Washington's Body — Address to Con stituents — Tyler's Letter. Chapter XX, 297 Defeated for Congress — Calhoun's Letter on Jackson's Dictation of a Successor — ¦ Barnwell on the Whigs — Tyler and the Expunging Resolution. Chapter XXI, 309 Slavery on its Domestic Side — Nat's Insur rection — The Tragedy at Germanna, WILLIAM FITZHUGH GORDON ii Chapter XXII, 319 The Slavery Petitions — Slavery and Seces sion — The Compromise of 1850, Chapter XXIII, 333 The Nashville Convention of 1850 — The Cradle of the Southern Confederacy, Chapter XXIV, 348 Manners and Customs of Congressmen — Houston's Assault on Stanbery — The Newspapers, Chapter XXV, 363 Returns to the Bar — On the Circuit — The Albemarle Lawyers — Letters on the In fluences of Slavery, Chapter XXVI, 373 Letters to His Wife — Anecdotes — Death. Chapter XXVII, 386 Conclusion. Bibliography, 395 INTRODUCTION In his "Life of James Monroe," In the "Ameri can Statesmen" series of biographies. Dr. Daniel C, Gilman, in allusion to the unwritten story of many "illustrious Virginians whose memory it is well to revive," quotes St. George Tucker's letter to William Wirt, in which he says "in a half-playful, half-earnest tone, that Socrates himself would pass unnoticed and forgotten in Virginia, if he were not a public character, and some of his speeches preserved in a newspaper." "Who knows anything," queries Tucker, "of Peyton Randolph, one of the most popular men in Virginia? Who remembers Thompson Mason, es teemed the foremost lawyer at the bar ; or his brother George Mason, of whom I have heard Mr, Madi son say that he possessed the greatest talents for debate of any man he had ever heard speak? What is known of Dabney Carr, but that he made the mo tion for appointing committees of correspondence in 1773? Virginia has produced few men of finer talents, as I have repeatedly heard. I might name a number of others, highly respected and influential men — yet how little is known of one half of them at the present day?" Even those who were public characters, and had their speeches preserved in newspapers, have not all escaped the corroding tooth of time; and there are many men named in this volume, of whom no biog raphy has yet been written, who were well worthy to adorn the annals of any period of any people, A valid reason which may be alleged for this neg lect is that for a long time, both in the Colony and the Commonwealth, the ablest men in Virginia were more interested in making history than in keeping a record of it; and that consequently there was as 14 WILLIAM FITZHUGH GORDON little consideration of preserving original sources as of reducing them to literary form. And so it has happened, with respect to the period of which this biography treats, that the Jeffersonlan view of the Federal Constitution, which flourished In Gordon's time as one of its chief political Influences, has been far less widely advertised or adequately presented in written substance than has been that of the Hamll- tonlan school; and the State-Rights construction has for the later generations lost much cf Its prestige and influence through Its failure to secure a more general and permanent hearing from the public. The Southern participants in political affairs who succeeded the men of the Revolutionary epoch, and whose careers extended over the first half of the nineteenth century, were temporarily neglected or forgotten in the stress of arms and In the ensuing social cataclysm which accompanied the War between the States In 1861-1865 ; and the events of that migh ty struggle served too often to obscure even the most significant occurrences which preceded and led up to it. In the devastation and ruin of the South which the war left In Its' wake, no small part of the material out of which that earlier history might have been fashioned, also perished; and It has only been In recent years that the serious gathering together of such material as was left from the wreck, and Its painstaking reduction Into permanent form, have had an inception and awakened an Interest among the Southern people. Of the subject of this volume, though belonging to a later generation than any of the four men named by Tucker In his letter to Wirt, comparatively little is now generally remembered even In the State in whose public affairs he filled for a while no In considerable space, and where he was known as one of the most eloquent popular orators of his day; while even the writers who have undertaken to deal learn edly with the great financial device of the national WILLIAM FITZHUGH GORDON 15 Sub-Treasury, of which he was the originator, make mention of him only In the most cursory manner. Thousands of Virginians, for whom the story of Jef ferson's great nursery of Intellectual achievement, the University of Virginia, possesses an abiding in terest, have little or no knowledge of the persistent and Important part that was played by Gordon, In the General Assembly of the Commonwealth, In ac complishing Its final and practical creation, organi zation, and location; while even less known to them Is the story of his successful settlement, in the Con stitutional Convention of 1 829-1 830, of the basis of representation which had caused the convocation of the convention, and whose adjustment by him probably deferred for more than three decades the political separation of what Is now West Virginia from the mother State, And of the unnumbered throng that daily passes the Sub-Treasury building in Wall street, In the city of New York, where the statue of Washington marks the spot on which Randolph of Roanoke saw him take the oath to support the Fed eral Constitution, and saw too, "the poison under its wings," perhaps not one in a million knows that the Sub-Treasury of the National Government emanated from the brain of Gordon and was formulated by his pen. He was a typical representative of the school of political thought that had Its origins In the teachings of Mr. Jefferson and Its apotheosis in the unsuccess ful but none the less brilliant and logical statesman ship of John C. Calhoun; and he was the trusted personal and political friend and associate of each of these great Americans, In his generation the pub lic career occupied and Illustrated the ablest Intel lects of the South, Letters and science and art and the commercialism of money-making were all sub ordinated to the study and practice of government; and amid the social and political conditions which prevailed statesmanship became a second nature to 1 6 WILLIAM FITZHUGH GORDON the able, the patriotic and the ambitious Southerners who pursued it. Under the contemporary and early posthumous in fluence of Mr, Jefferson, a large part of the political life and thought of the first half of the nineteenth century was permeated with his opinions and teach ings; and Gordon, who had come early and Inti mately within the sphere of that influence, continued throughout his life a devout adherent of Jeffersonian republicanism. A passionate devotion to Virginia as the Commonwealth, under whose protecting aegis liberty should always find her place of refuge and home, was the motive of his political direction and the guide of his public career; while only second to this devotion to his State was his attachment to the Union of confederated States according to his Inter pretation of the Federal Constitution. To his Intense loyalty to these Ideals he gave the service of his energies and talents, with little of the arnbitlon that Is most careful of self, and with the spirit of patriotism set high above that of partisan ship. He left his party in the high tide of its success for what he regarded the good of his country; and surrendered a career that stretched fair and far be fore him for the sake of political principle. The delineation of him that has been attempted here has contemplated also some depiction of the atmosphere in which he moved, and the environment which surrounded him. It Is to be regretted that the larger part of his correspondence was destroyed by an accident in the time of the War between the States, Except his letters to his wife, many of which however, are fortunately more or less political In a narrative and descriptive way, little of an epistolary character, either written to him or from his hand survives. Yet enough remains in the letters from Mr, Jefferson, Mr, Calhoun, President Tyler and others, here reproduced, and in most instances for the first time published, to indicate a measure of the WILLIAM FITZHUGH GORDON 17 esteem In which he was held by many of the wise and virtuous spirits of his age. In the attempted picture of any public man's career the background must necessarily hold more or less of the contemporary movement of the period. The account here sought to be given of Gordon's times does not purport, however, to contain more than some detail of the events with which he was most closely associated, or which bulked so large as to compel observance of them. His adult life, ex tending as It did from Jefferson's second administra tion to that of Buchanan, covered a space that was crowded thick with historic happenings; and for a narrative of even the fewest of these there Is but little room here. So, too, of the men of his day mention has only been made of those of his own vicinage, or of his personal and political acquaintance and fellowship. If these shall seem unduly to throng the canvas, it may be pleaded In extenuation that the masters of history have set an example in illuminating their pages with the portrayal of contemporary figures of distinction; and that even In the limited space per mitted to those here mentioned some memories worthy of preservation may be revived which have already grown faded, or become in degree forgotten ; or some strong figure, well-known and yet remem bered, may stand forth again In renewed, if brief, distinctness. CHAPTER I Ancestry From the time of the Cromwellian settlement of Ireland, when "the baronies were assigned In Con naught for the new settlements of the ancient no bility, gentry and farmers of the Irish nation, cor responding in character to their old habitations in the three other provinces from whence they were trans planted," down to the present day, Ulster, the north ernmost and nearest to Scotland of these three prov inces, has been essentially Scotch, Separated from the Galloway county of Wigtonshire by a stretch of water only thirty miles wide, for the distance is no more than that by steamer to-day from Larne to Port- patrick, Ulster afforded an inviting field of enter prise to the venturous and canny Inhabitants of Cale donia; who, as soon as they discovered room and opportunity, poured into northern Ireland In a steady stream of such numbers, that Scottish names are as frequent now throughout the whole province as In the country of their origin; while the cold religion of Knox has thenceforward so continued to flourish there as to cause those of a different faith elsewhere in Ireland, where politics and religion go hand In hand, to speak of the region as "Black Ulster," But under the thrifty and self-contained influences of the Scotchmen, prosperity has accompanied the Scotch blood and the Scotch burr In their adopted home; and no one of the Ulster counties has proven more fertile, more thrifty and more fortunate than the County Down, which is the most eastern county of Ireland lying upon the Irish Sea, Its most considera ble place is the ancient town of Newry, seated on the Narrow Water, at the head of Carlingford Loch, and almost surrounded by mountains and rocky hills, WILLIAM FITZHUGH GORDON 19 except to the north and northwest, where a prospect opens Into a good country, through which the canal Is carried that runs to Lough Neagh, famed In Moore's song as holding beneath Its waters the "Round Towers of other days," In 1689 the Duke of Berwick burned the town of Newry to secure his retreat to Dundalk from the English under Schomberg. "It has been greatly Improved since the settlement in 1691," says Its Ingenuous chronicler, "and is now one of the largest and most commercial towns in the country," In II 75 a Cistercian Abbey was founded at Newry by Maurice McLaughlin, King of all Ireland, which possessed extensive endowments and privileges, and large areas of adjacent land. In 1543 the Abbey was converted Into a collegiate church for secular priests, and was finally dissolved by King Edward VI of England, who granted It and Its possessions to Sir Nicholas Bagenal, Marshal of Ireland, Sir Nicholas made the Abbey his private residence, and under his auspices Newry entered upon Its career of growth and prosperity. The Bagenal family con tinued to possess some portions at least of the Abbey properties down to the period of the Revolution of 1688; for in the "Charter Abbatlae," of the old Cistercians of St. Benedict, which was granted them by the Irish King Maurice, we find Included, among other lands and territories conferred upon the Abbey, "the land of Enacratha," which Is now Carnmeen, "with Its woods and waters," and "the land of LIs- dorca," now LIsduff; and in 1692 the public records show portions of the townlands of Carnmeen and Lisduff, situated In the vicinity of the Sheepbridge, about three miles north of the town of Newry, to have been the property of Nicholas Bagenal, es quire, namesake and descendant of the marshal. On the 28th of November, 1692, James Gordon, "of Sheepbridge in the Barony of Newry, gentle man," as he Is described In the old conveyances, was 20 WILLIAM FITZHUGH GORDON granted a lease held in fee farm of the half town- land of Cloughenramer and the half town-land of Derraboy by this Nicholas Bagenal, esquire; and on the 2 2d of March, 1731, the lease, which was In effect a fee simple tenure, subject to an annuity, was confirmed to the three sons of James Gordon, with the addition of the half town-land of Lisduff and the quarter town-land of Carnmeen, including an almost baronial tract, which comprised what was thence forth known as the Sheepbridge estates. This prop erty, which continued to remain In the possession of the Gordon family, though with steady diminutions from generation to generation, due to the hospitality, the free-living and the sporting proclivities of Its successive owners, until the mansion house and a remnant of something more than one hundred acres were left, was ?>old In 1902, the last male Gordon owner of Sheepbridge having died as a youth of nine teen years, in 1891, A careful examination of all the documentary evi dence, In the shape of public records and contem poraneous writings that have proven accessible, tend to show that the first James Gordon of Sheepbridge, was a son of the Reverend James Gordon, of Com ber, also a town in county Down, This reverend gentleman was a Scotch chaplain In the regiment of Lord Montgomery, a constituent part of Crom well's Invading army, and seems to have been under the especial patronage of Lady Montgomery, v/ho was "the daughter of an Alexander of Aber deenshire, Scotland, and a rigid Presbyterian," This lady Is said to have been a personage of high social importance and distinction In her day; and became, after the Cromwellian invasion, the Viscountess Mount Alexander. After her husband's death she married the famous Scotch General, Robert Munro. In the Commissary records of the town of Elgin, in Morayshire, Scotland, we find that in 1649 this "Mr, James Gordoune, minister at Comber, In Ire- WILLIAM FITZHUGH GORDON 21 land, sone lauchfull to umquhlle Alexander Gordoune of Satterhill," executed a certain instrument of gift to his brother, "Alexander Gordoune," and "umquhlle Alexander," the father, Is indicated by the records to have descended from one of the most ancient of the Gordon families of the north of Scotland, The grandsons of the first James Gordon of Vir ginia, brought with them to the Colony, in 1738, the crest of the Lesmoir Gordons, described in heraldic phrase as "a hart's head proper," and their motto "Bydand," engraven on some pieces of silver plate; but neither for pedigree nor crest did their demo cratic descendant, whose life is sought to be depicted In these pages, care anything. He was a disciple and friend of Thomas Jefferson, and growing up in the aftermath of democratic revolutions, eschewed the assumptions of aristocracy. He was satisfied to think and to say that It "took three generations to make a gentleman," and that he was assured of his right to the title, and looked no further, James Gordon the first, of Sheepbridge, In the barony of Newry, whose will Is dated July 7, 1707, married Jane Campbell, a merchant of Newry, by his wife, Jane Wallace, of Ravarra, near Belfast, of the ancient house of Wallace of Elderslle, It was the custom of the Scotch in Ulster to intermarry among themselves; and only in most exceptional in stances do we find this custom violated by marriage with the native Irish. This persistent tendency has been the chief factor In preserving their racial in tegrity in their local environment, Jane Wallace, the mother of Gordon's wife, was a character of celebrity in the history of the town of Newry. In 1689, when the town was burned by King James' army, she fled with her younger children to the Isle of Man, whose outlines, and those of the farther hills of England, are visible on a clear day from the Mourne mountains near Newry. As soon as King William restored peace to Ulster, she returned and 2 2 WILLIAM FITZHUGH GORDON re-established her family In their former home, "having," as her family chronicler naively relates, "a strength of mind superior to difficulties," Besides her daughter Jane, who married James Gordon, she had a number of children, whose families became so important and influential in the vicinage that they were locally known as "The Grand Alliance." Mrs. Campbell lived to a green old age; and It Is further chronicled concerning her that she "had great au thority and commanded great respect," She sur vived the death of her husband forty-three years, and, surrounded by a great number of descendants, "saw the fifth generation, a child brought from Scotland to be presented to her with much filial respect," James Gordon the first, of Sheepbridge, and his wife, Jane Campbell, had Issue three sons, James, Robert and George. James inherited the Sheep bridge estates, and married Sarah Greenway, the daughter of a prominent merchant of Newry; and of their marriage were born four sons and three daughters. Two of these sons, the first and third, who were James and John, emigrated to Virginia in the early part of the eighteenth century, and were respectively the maternal and paternal grandfathers of William FItzhugh Gordon, his father having been the son of John Gordon, and his mother the daughter of the elder emigrant, James, The second son, Samuel Gordon, under his father's will, and by subsequent purchase from his brothers In Virginia, became the owner of the larger portion of the Sheepbridge lands, and of the mansion-house, an imposing stuccoed edifice of three stories, sit uated on a hill on the road leading northward to Rathfriland, which was built by the first James. The fourth brother, George, likewise came to Virginia, where he resided for a brief period, and returned to Ireland, Of his descendants are the present Gor dons of Maryvale, near Newry, who are a prominent family In the County Down, WILLIAM FITZHUGH GORDON 23 In the Sheepbridge descent were several men of the name who took a conspicuous part In the Irish Rebellion of 1798, and In what was known as the "Volunteer Movement," preceding It, One of these was John Gordon of Templegowran, eldest son of Samuel of Sheepbridge, of whose rescue from prison by his wife, after his arrest and transportation to Belfast by the English soldiery, a romantic story Is told in the local chronicles. This John of Tem plegowran was of patriotic spirit, for we find him again, though a zealous Presbyterian and church- builder, espousing the movement In April, 18 12, In favor of Catholic Emancipation, Another of the family, who took part in the "Vol unteer Movement," and the Rebellion of 1798, was Captain William Gordon, of Sheepbridge, younger brother of John, of Templegowran, who Is said by Macnevin, In his "History of the Volunteer Move ment of 1782 In Ireland," to have raised and equipped at his own expense a company, known as "The Sheepbridge Volunteers," for service In the Rebellion, Colonel James Gordon, the eldest son of James Gordon, the second, of Sheepbridge, and his wife, Sarah Greenway, was born at Sheepbridge In 17 14, Before 1738 he emigrated to Virginia and settled In Lancaster county, on the north side of the Rappa hannock River, In what Is known as the Northern Neck, Here, at Merry Point, on the Corotoman River he built his mansion-house, which is still stand ing, and engaged in the exportation of tobacco from Virginia to Whitehaven in England. He amassed a fortune In the tobacco trade, and was a personage of Importance and Influence In his county; and In spite of his Presbyterianism, a member of the parish vestry, which under the union of church and state, constituted the local political governing body. He is represented as a man of great personal piety by Foote, In his "Sketches of Virginia," and It is certain 24 WILLIAM FITZHUGH GORDON that he was one of the founders and chief supporters of the Presbyterian Church In a section of country dominated by the established Church of England. Yet for all his devoutness he was an owner of slaves, a number of whom he bought from slave-ships com ing Into the Rappahannock; he operated a distillery on one of his plantations and manufactured ardent spirits; and he conducted a lottery for the benefit of a Presbyterian meeting-house, which was built chiefly through his efforts. All these things he tells of In a "Journal" which he kept for many years, in which he recorded not only his business transactions but all the local happenings, including an occasional serious matter of neighborhood scandal; and in it he also kept a record, which was a voluminous one, of the persons who visited at his house. This journal affords a pleasing insight Into the dally domestic life of a colonial merchant and planter of the period; and is full of entertaining Incidents of the visitors who thronged his hospitable home. Whitefield, the great English evangelist, came on one occasion, and was received with enthusiasm and a lavish welcome; and when he departed "to the Northward," In the quaint phraseology of the journal, took with him as the gift of his generous host a new chaise and a pair of handsome horses. Colonel James Gordon died at his house In Lan caster, in 1758, leaving behind him, in his obituary In the Virginia Gazette, of January 14, 1768, the story of having been one of the most accomplished and admirable men of his times. He married first, on March 28, 1742, Mllicent Conway, youngest daughter of Colonel Edwin Conway, of Lancaster, whose first wife was Ann Ball, half-sister of the mother of Washington, Gordon's second wife, whom he married on November 12, 1748, was Mary Harrison, youngest daughter of Colonel Nathaniel Harrison, of Wakefield, Surry county, a younger brother of that Benjamin Harrison, of Berkeley, on WILLIAM FITZHUGH GORDON 25 James River, whose grandson, Benjamin, was a signer of the Declaration of Independence, and father of General William Henry Harrison, President of the United States, It Is interesting to note that Colonel Nathaniel Harrison, of Wakefield, was the first Harrison owner of Brandon, the famous colonial mansion on James River, of which Tyler in "The Cradle of the Republic," says: "Brandon and Merchant's Hope, or Powell Brook, became the joint property of Richard Quiney and his brother-in-law, John Sadler, The Quineys were from Stratford on Avon, Thomas Quiney married Judith, the daughter of William Shakespeare. Richard Quiney's wife, Ellen Sadler, daughter of John Sadler, was aunt of Ann Sadler, the wife of John Harvard, founder of Harvard Col lege, Richard Quiney's moiety In Brandon as well as in Powell Brook, descended to his son Thomas, who In his will left the same to his great-nephew, Robert Richardson; and he in 1720 conveyed the same to Nathaniel Harrison, to whom the other moiety doubtless had, not long before, passed from the Sadlers." The issue of the marriage of Colonel James Gor don and his wife Mary Harrison were four sons and five daughters, whose descendants are to be found in many states of the American Union, the men of whom In all the generations have upborne the sol dierly qualities of their Cromwellian progenitor, and frequently, though not so persistently, the religious characteristics which are supposed to belong to a puritan chaplain. The eldest daughter of Colonel Gordon's second marriage became at the early age of thirteen years the wife of the Reverend James Waddell, whose parents emigrated to Pennsylvania from the County Down, and who was born on the Atlantic Ocean during their voyage over. The Imaginative sailors dubbed him "the child of the ship and star;" and 26 WILLIAM FITZHUGH GORDON he became in time one of the most eloquent and dis tinguished ministers of his generation In America. William Wirt, In the "British Spy," gives a graphic account of his physical appearance, and of his won derful gift of speech — an account which superseded the sailor's appellation with the more famous one of "the Blind Preacher," In his old age Mr. Waddell lived in Louisa County; and his wife's nephew, Wil liam FItzhugh Gordon, resided temporarily In his family when a lad, and went to school to his son, James Gordon Waddell, His association with "the Blind Preacher" made a lasting Impression upon Gordon's plastic mind; and he was fond of nar rating how the old gentleman would say to him, "William, popularity Is a phantom that flees as you pursue It, — let It follow you" ; or express to him the wish that when his time came to depart, he might "steal away from earth," Another daughter, Elizabeth, married her first cousin, James Gordon, of Orange, or James Gordon, junior, as he was Indifferently called, who was the oldest son of the Immigrant, John Gordon, of Sheep bridge; and the second son of this marriage was William FItzhugh Gordon, Colonel James Gordon, of Lancaster, left a will, which was proved February i8, 1768; in which he made disposition of a large estate, consisting of lands, negro slaves and personal property. Nothing however, which remained of his possessions is now as Interesting as his "Journal," the portion of which that survives, covering a period of five or six years, has been published In "The William and Mary Col lege Quarterly," and furnishes very entertaining reading. Among Its various Items is one reciting that on a day named, the ship Friendship, out of Whitehaven, was anchored in the river near his house. The date and the name of the vessel indicate that upon it at that time. In the capacity of cabin boy, or occupying some other Insignificant subordinate WILLIAM FITZHUGH GORDON 27 position, was the lad John Paul, son of the Kirkcud brightshire gardener, who later became Commodore John Paul Jones of the American Navy, and burnt the town of Whitehaven, out of which the Friend ship sailed. About 1750, John Hesselius, a distinguished por trait painter of his day, visited Lancaster, and painted the portraits of James Gordon and his brother John, Both pictures are delineated in the ornate costume of the period, belaced and bewigged. Colonel James Gordon appears as a florid and some what corpulent personage, wearing a flaxen periwig of flowing curls; while his brother John, of a more bilious tinge of complexion, Is represented as a young gentleman of fashion, with a black peruke of cava lier-like locks, and is armed with a great walking- staff. Of John Gordon, the younger of the two brothers, who came to Virginia, much less Is known than of his brother James. He was probably not so systematic, for we find Colonel James forgiving him a consider able debt in his will; and It Is pretty certain that he was by no means so religious, or If so his piety must have been very strongly militant. For his elder brother records In the "Journal" an account of a visit paid by him to his brother John at Urbanna, in Middlesex County, across the river, where he then lived, on the occasion of which he found him suffer ing from a wound In his head, encountered In a fight, Mr, Philip Vickers FIthlan, a Jersey youth then teaching In the family of Councillor Robert Carter, of Nomini Hall, In Westmoreland, who was first cousin of John Gordon's wife, Lucy Churchill, adds in his "Diary" under date of November 30, 1773, the no less convincing statement, — unless indeed horse-racing was as consistent with religion at that time as brandy-making and lotteries seemed to be, — that he had been solicited "at the Race" by Mr. Gor don "to take and Instruct two of his sons." 2 8 WILLIAM FITZHUGH GORDON John, however, in spite of these possible failings, possessed also the Scotch thrift and canniness of his eldest brother, and accumulated enough gear to serve sufficiently his needs in life. The date of his birth at Sheepbridge is not known, he not having taken the precaution to record it in a family Bible, as did his brother James in his own case. But he was probably five or six years younger than Colonel James, He was in Virginia prior to 1756; and settled at Ur banna, then a port of entry, where his mansion-house and brick store-house, In which he housed his export tobacco, were still standing a few years ago. He was a merchant there, and a planter In Middlesex County, as was his brother across the river in Lan caster. He owned several Important tracts of land In Middlesex, and engaged extensively In the tobacco trade with England. In 1762 he sold his estates In Middlesex County, and moved to Richmond County, on the north side of the Rappahannock, where he continued to reside until his death. The exact date of this occurrence is as obscure as that of his birth. He was living September 17, 1779, the date of his conveyance of his Interest In the Sheepbridge estate In Ireland to his nephew, George Gordon; and he was dead before the 6th day of November, 1780, when it appears that at a county court held for Rich mond County, his son James Gordon, junior, quali fied as his administrator. There remains no other record of his personality or of his domestic life; but he appears to have been an Individual of influence and property in both counties of Middlesex and Rich mond; and in the latter he was a member of the county bench of magistrates, a position of con spicuous local honor and dignity under the colonial court system. John Gordon married on December 15, 1756, Lucy Churchill, daughter of Colonel Armistead Churchill, of Bushy Park, in Middlesex County, and his wife, Hannah Harrison, who was a daughter of WILLIAM FITZHUGH GORDON 29 Nathaniel Harrison, of Wakefield, and an elder sister of Colonel James Gordon's second wife. There were no better families In the Colony, where birth and breeding counted for much, than these of the river-barons Into which the two young Gor dons entered by virtue of their matrimonial alliances ; and It Is said, on contemporary authority, that no handsomer couple ever walked down the aisle of Wicomico Church than John Gordon and his bride on the December day of their wedding. Lucy Churchill's father, Colonel Armistead Churchill, was the only son, by her second marriage, of Elizabeth Armistead, daughter of John Armistead, of "Hesse," the councillor. Her first husband had been Ralph Wormeley, of "RoseglU" In Middlesex, who was sec retary of the Colony, and of that union were born a son, John Wormeley, who was father of Ralph, of the Council, and grandfather of Admiral Ralph Randolph Wormeley of the British Navy, Of this descent, also, were the writers, Miss Katherlne Pres- cott Wormeley and her sister Mrs, Elizabeth Wormeley Latimer, From the marriage of Eliza beth Armistead and Ralph Wormeley, the secretary, came a daughter, who was the first wife of Mann Page; and his daughter, by her, married William Randolph, of Tuckahoe, An aunt of Colonel Armistead Churchill's on the maternal side was Judith Armistead, wife of "King" Carter, of whom Moncure D, Conway has written in "Barons of Potowmack and Rappahannock." Colonel Churchill's sister, PriscIUa, married "King" Carter's son of a second marriage, Robert of Nomini Hall; and this Robert's fame has come down to us, in and out of the pages of Fithian's gossiping "Diary," as that not only of one of the greatest of colonial land owners, but of a musical virtuoso, accomplished man of the world, and polished and cultivated scholar. Upon the death of Secretary Wormeley his hand some and wealthy widow, residing In her dower 30 WILLIAM FITZHUGH GORDON demesne of "Rosegill," was "wooed and married and a' " by William Churchill, a young Englishman, who had well-seated himself in the Colony, coming out of North Aston In Oxfordshire, where the Churchills had long flourished, William Churchill was clerk of the county, an honorable and much coveted office both for the sake of Its dignity and influence and for its valuable emoluments and per quisites; and later he became a member of the coun cil. After his marriage to "Madam Wormeley," as she was called in her vicinage, he resided at Rosegill, an ancient colonial mansion situated near Urbanna on a lofty eminence overlooking the Rappahannock River, that had been even then the seat of a refined and elegant hospitality for half a century; that had sheltered a royal governor; and had given welcome to King Charles's emissaries from beyond seas, when Virginia alone of all his dominions rem.ained loyal. Bruce, in his "Social Life of Virginia In the Seventeenth Century," has pictured Rosegill as "con taining a large withdrawing room, in addition to numerous sleeping-chambers. There was perhaps no other residence in Virginia more admirably appointed for the entertainment of guests. It was situated directly on the banks of the Rappahannock River, in one of its widest and noblest reaches, which thus afforded extraordinary facilities for boating and sail ing. The library was, perhaps, the choicest and largest in the Colony, while the house Itself was un usually spacious," Here Armistead Churchill was born; and here he lived until he established himself In his own house of "Bushy Park," farther down the river, from which his daughter, Lucy Churchill, married John Gordon, It was significant of the personal charm and at traction of the two young Gordons that they should have thus entered an "Alliance" in Virginia which far_ exceeded in wealth and power and Importance that which their ancestor, Jane Campbell, had estabUshed WILLIAM FITZHUGH GORDON 3 1 at Newry; for these Armisteads and Harrisons and Carters and Churchills and Conways and Wormeleys represented whatever was best In the social and political life of the Colony, The river-barons of that day were what would be now denominated "a close corporation," They Intermarried with each other, and they stood by each other, socially and politically. Thus, these Virginia relatives of the Gordons were of such a like singular interweaving by consanguinity and affinity with the Burwells and the Bassetts and the Berkeleys — other river barons, — as had led Governor Spotswood at an earlier day to complain that the King's Council in Virginia con tained too many of one family: "He says," observes Keith, in his "Ancestry of Benjamin Harrison," "In one of his published Letters, that six out of the ten members were related to Ludwell, who as has been shown above was step-uncle of the Burwells; and on March 9, 17 13, probably having in mind some persons like Nathaniel Harrison, whose brother had married a Burwell, declares: 'The greater part of the present council are related to the Family of the Burwells * * * If Mr, Bassett and Mr, Berkeley should take their places, there will be no less than seven so near related that they will go off the Bench, whenever a Cause of the Burwells come to be tryed.' " At this period there had grown up in the river- valleys of Virginia, where the lands were fertile and the means of travel and communication by water easy, a wealthy and prosperous class of planters, whose seats of wealth and luxury were made possible by the existence of negro slavery, and by the tre mendous development of the tobacco trade with Eng land and Scotland. The riches and power of these people were more than baronial; and are illustrated in the histories of their families. They constituted a social and political society in the Province that was as preeminent as It was exclusive. 32 WILLIAM FITZHUGH GORDON In his "Bristol Parish" Dr, Slaughter gives a vivid account of the Virginia tobacco trade, which most began to flourish In the early half of the eighteenth century, and was carried on by the colonial planters and merchants with London and Whitehaven and Glasgow. "It was the tobacco trade," writes Dr. Slaughter, "which gave such impulse to Blandford; and Vir ginia's chief market was Glasgow, so soon as the American trade was thrown open to Scotland by her union with England (1707). From this era dates the prosperity of Glasgow Itself. Up to the middle of the last (i8th) century the foreign trade of Glas- go was conducted by joint-stock companies, A Glasgow vessel of sixty tons first crossed the Atlantic In 1718. The first adventure to Virginia, (says Dugald Valentine's Diary), was under the sole charge of the captain acting as supercargo. When he was asked on his return for a statement of his accounts, he replied that he had no statement; but here were the proceeds, throwing upon the table a large hoggar (stocking) stuffed to the top with coin. As an unlettered man had been so successful, they thought a trained accountant would do better; and so they sent one; and he came back with a beautiful statement, but no hoggar. "The trade so Increased that about 1735 the Scotch merchants sent factors to live in Virginia and buy tobacco to the best advantage. Hence Scotch merchants poured Into Dumfries on the Potomac, Falmouth on the Rappahannock, and many other towns including Blandford, In 1772, out of ninety thousand hogsheads of tobacco Imported into Britain, Glasgow imported forty-nine thousand; and one of her merchants (Glassford) owned twenty-five ships In the trade. The tobacco-lords were the magnates (great folks) of Glasgow, They promenaded the Trongate In long scarlet robes and bushy wigs, and other men gave way as they passed, Virginia Street WILLIAM FITZHUGH GORDON 33 and Jamaica Street in Glasgow still perpetuate the memory of the trade which enriched her merchants, and gave such great Impulse to her prosperity, and changed her social physiognomy," As the tobacco trade enriched the merchants of Glasgow, so the cultivation and exportation of the weed enriched the river-barons of Colonial Virginia who "raised" It with their hordes of negro slaves upon fertile and teeming low-ground plantations. But tobacco in this first decade of the twentieth cen tury Is now only a memory along the Rappahannock River, having vanished therefrom as a staple crop as entirely as the social life that grew out of It and was organized upon It has utterly disappeared. CHAPTER II parents A characteristic of the families of the river- planters In colonial days was the large number of children. The complex civilization of to-day which tends to minimize the size of the average well-to-do family In America was unknown to the wealthy colo nists, who led the simple life of their period In a luxury that seemed to deny the existence of sim plicity. After the fashion of their neighbors John Gordon and his wife, Lucy Churchill, had a large family. Their children were twelve In number, and of these the oldest was James, called "junior," and "of Orange," to distinguish him from his first cousin, James Gordon, of Lancaster, oldest son of Colonel James, the Immigrant, James Gordon, of Orange, was born at Urbanna In 1759; and was therefore but a child when his father moved to Richmond County, higher up the river, to live. At the age of twenty-two he was elected to represent that county in the House of Delegates of the General Assembly of Virginia, his colleague being Robert W. Carter, of the stock of the "King," In the same session the adjacent county of Lancaster was represented by his cousin James Gordon, about nine years his senior; and these two cousins, who were also brothers-in-law, were mem bers together of the Virginia Convention of 1788, that ratified the Federal Constitution, In spite of the spread of democratic Ideas In the new Republic, the old families still continued powerful both in the social and political life; and the rosters of General Assemblies and conventions In Virginia, after it had become a Commonwealth, were for a long period WILLIAM FITZHUGH GORDON 35 alike made up of the surnames that had appeared upon the legislative records of the colony. James Gordon, of Orange, married his first cousin, Elizabeth, daughter of Colonel James Gordon, of Lancaster, and his wife, Mary Harrison, in August, 1777; and before his father's death removed from Richmond County to "Germanna" In Orange County, where he spent the remainder of his life as a planter and country gentleman — a career that was only briefly interrupted by his service as a delegate in the State Convention of 1788. "The ancient town of Germanna, founded by Gov ernor Spotswood," and the original county-seat of Spottsylvania, is described by Hugh Jones, in his "Present State of Virginia," published in 1724, "Beyond Colonel Spotswood's furnace," he writes, "above the Falls of Rappahannock River, within view of the vast mountains, he has founded a town called Germanna, from some Germans sent over by Queen Anne, who are now removed up further. Here he has servants and workmen of most handi craft trades ; and he Is building a church, court-house and dwelling-house for himself; and with his ser vants and negroes he has cleared plantations about It, proposing great encouragement for people to come and settle in that uninhabited part of the world, lately divided Into a county," Some years after Hugh Jones's book was pub lished, that colonial litterateur and society magnate, Colonel William Byrd, of Westover, visited Ger manna, and gave In his account of "A Progress to the Mines" a vivid and picturesque description of "this famous town," which, he says, "consists of Colonel Spotswood's enchanted castle on one side of the street, and a baker's dozen of ruinous tenements on the other, where so many German families had dwelt some years ago ; but are now removed ten miles higher, in the fork of the Rappahannock to land of their own"; and where, too, "there had also been 36 WILLIAM FITZHUGH GORDON a chapel about a bowshot from the Colonel's house, at the end of an avenue of cherry trees, but some pious people had lately burnt It down, with Intent to get another built nearer to their own homes," By the time that James Gordon moved from Rich mond County to settle at Germanna, the tide of population, which had at first been almost altogether along the river-ways, was flowing out into those "uninhabited parts of the world" that were primarily Orange and Augusta counties, a vast territory ex panding indefinitely to the west and northwest, which later became, at the generous gift of Virginia to the Union, many great and populous commonwealths. Here, in the vicinity of a barren stretch of inhos pitable territory, a border line between Spottsylvania and Orange, described as "of melancholy, forbidding exterior," and known as "The Wilderness," where nearly a century after his coming some of the most sanguinary battles of the fiercest war of modern his tory were fought, James Gordon builded his house, and acquired acres of fertile river lands, and reared his children; and here he throve apace and pros pered In worldly gear, until in his later years the prodigal hospitality which characterized many Vir ginia homes of tbe period brought him finallv to modest circumstances, though not to poverty. Here, too, he grew and advanced in the good opinion of his neighbors and the community, as a man of cour age, of probity and of intelligence, until when the time came In 1788 for the people of Virginia to determine the momentous question of their future relations to the other sovereign States of the Con federation, the people of Orange elected him, along with James Madison, as their representative In the convention called to pass upon the question of the adoption or rejection of the new Federal Constitu tion. James Gordon was a strong advocate of adop tion ; and entertaining a warm personal and poUtical friendship for Mr. Madison, was eager to see him WILLIAM FITZHUGH GORDON 37 elected as a delegate. On the 17th of February, 1788, we find him writing from Germanna to the latter, then In New York, as follows : "Dear Sir: Being favored by Colonel Monroe with a sight of your letter of the 27th of January, and finding no mention therein of your being in our country in a short time, I take the liberty as your friend to solicit your attendance at March Orange court. I am induced to make such a request as I believe it will give the country in general great satis faction to hear your sentiments on the new Consti tution. Your friends are very solicitous for your ap pointment In the convention to meet in June next, I trust, were it not practicable for you to attend, your election will be secured; but your being present would not admit a doubt. Colonel Thomas Barbour, Mr, Charles Porter, and myself enter the list with you. The two former gentlemen are exceedingly averse to the adoption of the constitution in this State; and, being acquainted with them, you will readily determine no means in their power will be wanting to procure a seat in convention. The senti ments of the people of Orange are much divided. The best men, In my judgment, are for the constitu tion; but several of those who have much weight with the people are opposed, — Parson Bledsoe and Leeland, and Colonel Z, Burnley, Upon the whole, sir, I think It Is incumbent on you without delay to re pair to this State; as the loss of the constitution In this State may involve consequences the most alarm ing to every citizen of America. "I am, Dear Sir, Your most obedient servant, "James Gordon." General Washington had written to Mr. Madison two weeks earlier, urging him to offer himself as a candidate for the convention; and other friends and supporters Insisted, as James Gordon had done, that he should return and conduct his canvass In person. 38 WILLIAM FITZHUGH GORDON Madison wrote that he was reluctant in the rnatter, "I can say, with great truth," he said, "that in this overture I sacrifice every private Inclination to con siderations not of a selfish nature, I foresee that the undertaking will Involve me In very laborious and Irksome discussions; that public opposition to sev eral very respectable characters, who^e esteem and friendship I greatly prize, may unintentionally en danger the existing connection; and that disagree able misconstructions, of which samples have been already given, may be the fruit of those exertions which fidelity will impose," In response, however, to the summons of his friends he left New York, where he was In attend ance on the session of Congress as a delegate from Virginia, and stopping on his way at Mount Vernon to see General Washington, arrived In Orange on the day before the election. Colonel Frank Taylor, of Orange, in his "Diary," a portion of which is published In Slaughter's "St, Mark's Parish," says under date of 1788, "March 24th, Election, for Convention, James Madison 202 votes, James Gordon 187, C, Porter 34." Mr. Barbour's vote does not appear, although he seems to have remained In the field. It was no Inconsiderable distinction for James Gordon, at the age of twenty-nine, to have been se lected for so Important and responsible an office; and the significance of his election was emphasized In the fact that his colleague was a man whose fame as a statesman was already spread over all the States, and who later became the expounder and interpreter of the Constitution on which they were to pass, and a chief executive officer of its administration. The Hon. William C. Rives, in his "Life and Times of Madison," adds to the candidates named by Colonel Taylor, and as stated by James Gordon In his letter to Mr. Madison, the name of "Colonel Thomas Barbour, father of Mr. James and Mr. Philip Bar- WILLIAM FITZHUGH GORDON 39 hour, each of whom rose to great future eminence In the public service of the country"; and with each of whom James Gordon's son, William FItzhugh Gor don, maintained a personal friendship that was inti mate and a political sympathy that was unwavering and lasting. The convention, which assembled in Richmond on the 2nd day of June, 1788, continued Its session for nearly a month. "On Wednesday,' the 4th day of June," says Mr. Rives, "the convention resolved Itself into a committee of the whole, Mr. Wythe in the chair, to take into consideration the proposed plan of government. In the lists, on the side of the Con stitution, appeared as the principal combatants, Mr, Pendleton, Mr, Madison, Governor Randolph, Mr. George Nicholas, Mr, John Marshall, Mr, Innes, Colonel Henry Lee and Mr, Corbin; In opposition to it, Mr, Henry, Colonel Mason, Mr, Monroe, Mr, Grayson, Colonel Benjamin Harrison, former Gov ernor, and Mr. Tyler." Patrick Henry, with fiery Impetuosity, proclaimed the issue In his opening speech, "Give me leave," he said, "to demand what right had they to say, 'We the people,' Instead of 'We the States?'" James Gordon's attitude In the convention was one of modesty and self-effacement. His political views and principles were those of Mr. Madison; and while we find him vigorously espousing what was then the Federalist cause, his Federalism was never of the Hamiltonian type, which sought to exalt the central government at the expense of the sovereignty of the States. His anxiety was to see the adoption of a form of government that should prove more cohe sive and vigorous than that under the Articles of Confederation; but he was In other respects as con servative as was his great colleague, of whom Hamil ton, In factious anger, said, when he found Madison opposing the assumption of the debts of the States 40 WILLIAM FITZHUGH GORDON by the General Government, "I cannot persuade myself that Mr. Madison and I, whose politics had formerly so much the same point of departure, should now diverge so widely In our opinions of the measures which are proper to be pursued," Being a simple planter and country gentleman, James Gordon entertained no political ambitions. He was a delegate Inspired with a patriotic desire to serve his people according to his best lights; and while he does not figure conspicuously in the de bates of the convention, yet it may well be imagined that possessing strong convictions, endowed with health and energy, and wielding the persuasive in fluences of a magnetic and pleasing personality, he illustrated by his services in the committee-room those qualities which had made him the choice of his constituency at home. The Federal Constitution was adopted by Vir ginia ; and James Gordon retired finally from public life to the more pleasing duties and occupations of a domestic and social career. Yet with his retirement he did not cease to maintain an earnest Interest In politics, and in the successful administration of gov ernment under its new instrumentalities. On the 31st of August, 1788, still absorbed with the public questions of the day, he wrote to Mr, Madison, again in New York in attendance on the Congress : "My dear Sir: Your several letters of the 25th and 27th of July I have received; and should have answered them ere this, but they did not come to hand until a few days since at Orange Court House, "I am pleased to find the ratification of the consti tution by New York was unconditional; but I fear from the circular letter therefrom much disquietude may succeed in those States where the majorities are not large, I expect that letter will be eagerly caught by Mr, P, Henry, who in our next assembly will be greatly an overmatch for any Federalist that I know WILLIAM FITZHUGH GORDON 41 In the same. I trust there are a majority of Feder alists in the House, who I hope will firmly withstand the artful Intrigues of designing men; but there are Instances of the most heroic conduct being defeated for want of a competent commander. Such an one I fear we have not in our House of Delegates, "I have carefully perused the numbers of the Federalist, and am happy to say the arguments therein contained are sufficiently satisfactory to my mind, and must carry conviction to every candid reader. We are all in quiet at present; there ap pears to be little or no opposition from the Antis, I have been Informed they are generally pretty well satisfied, but I rather think their conduct Is Intended to lull the friends to the new government Into a state of security, and then In the fall to make a violent attack, I am sorry to find New York is, as the Vir ginia Convention, against the power of direct taxa tion, without which I fear, nay, I am certain, the most apparent evils will ensue. To form a govern ment without such a necessary power would be nearly as ridiculous as for such a government to send per sons to transact business of Importance, far distant, without the sufficient sum of money to enable such persons to make good their journey, and thereby to obtain requisitions from those who were not com pelled to assist. Should such an amendment take place, the long and glorious endeavors of our patriots will be of little or far less beneficial consequences, than their unwearied attention for the Interests of America merited, "The conduct of North Carolina you have seen. Should they be fortunate enough to be seconded by Rhode Island, from their local situation, their knowl edge In political science, and numbers, the eleven Confederate States have everything to fear. Good God! What can they promise themselves? Being the consumers of two Importing States, and so unable to stand upon their own ground, I should have 42 WILLIAM FITZHUGH GORDON thought they would have greedily caught the Union, It Is reported that Mr, Henry has Influenced their councils considerably since the rising of our conven tion, of the truth of which I have not sufficient knowledge. "I had the pleasure of seeing your Father and most of your friends the last week, who are all well, "It will be a matter of satisfaction to your friends in this State to know whether you wish to be In the Senate or In the House of Representatives In Con gress so soon as the districts are laid out. I hope there will be care taken not to send to Congress those who are inimical to the Constitution. I shall ever esteem It a singular favor to receive any intelligence from you, and your advice upon any subject will be an additional obligation on, dear sir, your sincere friend and affectionate humble servant, James Gordon, Junr." The writer's apprehension of Patrick Henry's influence In the General Assembly of Virginia, which met in the following October, was justified by events. Two-thirds of Its members were "Antis," opposed to the new Constitution, The election of Senators from Virginia was one of the duties of this Assembly; and Henry's efforts to defeat Madison for the Senator- ship were successful, William Grayson and Richard Henry Lee were elected Virginia's first Senators under the new Federal Constitution, upon the nomi nation of Henry; although Mr, Madison was the sole candidate presented by those on the side of the Constitution, The result of the Senatorial election in the General Assembly failed to disturb Madison, His original preference had been for a seat in the House of Rep resentatives; and he became a candidate in a district composed of the counties of Amherst, Albemarle, Louisa, Orange, Culpeper, Spottsylvania, Gooch land and Fluvanna, Madison charged in a letter to WILLIAM FITZHUGH GORDON 43 Mr, Jefferson that this district had been "gerry mandered," as such a process is now known, in that only one of the seven counties composing the district, besides his own, had given an undivided vote in the convention for the Constitution, Madison said in this letter to Jefferson, that Henry, after compassing his defeat for the Senate, had "taken equal pains, in forming the counties into districts for the election of representatives, to associate with Orange such as are most devoted to his politics, and most likely to be swayed by the prejudices excited against me." "The device of gerrymandering," comments Madi son's biographer, Mr, Rives, "would thus seem not to have the origin its name Imports, and which com mon fame assigns It, but to have been first put in practice, though Ineffectually, by the great Virginia orator and tribune, against Mr, Madison in the first election of representatives under the Constitution," After casting about and considering Mr, Strother and Mr, William CabeU, the elder, the "Antis" finally settled on James Monroe as the opposing can didate, Mr, Madison arrived in Virginia from New York about the close of December, and the election took place on the following 2d of February; and a number of political discussions, a divertisement which to the present day has been the delight of the Vir ginia voters, ensued between the candidates. The election resulted in the choice of Mr. Madison by a decided majority, Mr. Rives says: "Mr, Madison often gave a graphic and amusing account of a discussion which took place between him and Mr, Monroe, In the open air, on a cold January day, amid the bleak hills of Culpeper, They addressed the people in the face of a keen northeasterly wind, from the portico of a Lutheran meeting-house, after the close of the reli gious services of the day; with which the grave and solemn Import of the question discussed to the future destinies of the country was supposed to be not out of 44 WILLIAM FITZHUGH GORDON keeping. Such was the extremity of the cold, that Mr. Madison's ear was slightly frost-bitten while speaking. Some traces of the injury always re mained ; and he would playfully point to them as the honorable scars he had borne from the battlefield. It is gratifying to know, that this brief political cam paign was not attended with any Interruption of the personal cordiality of the parties. In writing a few weeks afterwards to Mr, Jefferson, the common friend of both, Mr. Madison says : 'It gives me great pleasure to inform you, that the friendship of Monroe and myself has not been affected In any de gree, by our late political opposition,' " In "The Journal of a Young Lady of Virginia, 1792," written by Miss Lucy Lee, which preserves a very sprightly and vivid picture of the social life of the period in the new Commonwealth, frequent m.en- tlon Is made of the Gordons of Germanna, in whose hospitable home the writer appears to have been a welcome guest, "Mr. James Gordon," says the fair diarist, "Is come from Chatham. Mrs. FItzhugh has sent me a very pressing invitation to go there this evening, and to-morrow to the races ; but I have not the smallest inclination, and shall not go. This Mr, Gordon Is a mighty clever man, — I wish you could see him." This vivacious journal was composed for the benefit of a young girl friend of the author's; and contains in its many passages concerning Germanna and its residents a number of interesting references to "old Mrs. Gordon," widow of John of Richmond, who had come to Orange to reside with her son James, after his father's death, and to the other members of the family. At the time of Miss Lee's Inscription In her diary of the arrival of "Mr. James Gordon" from Chatham, that well-known seat of the Fitzhughs in Virginia was the residence of William FItzhugh, grandfather of the wife of General Robert E, Lee, William FItzhugh at a later date removed WILLIAM FITZHUGH GORDON 45 to Ravensworth, In Fairfax County, which after wards became the home of General William Henry FItzhugh Lee, the second son of General Robert E, Lee, William FItzhugh, of Chatham-, and of Ravensworth, was a man of singular nobility of char acter and fine sense ; and was so greatly admired and beloved by James Gordon that the latter named for him the subject of this biography, his second son, William FItzhugh Gordon. The latter was accus tomed to say that he had once asked his father, when he was a lad, why it was that he had named each of his three brothers after the Churchills, — -John Churchill, Armistead Churchill, and Thomas Churchill, — and had named him FItzhugh; and that his father had replied to him with an appearance of deep feeling, v/hich left its lasting Impression: "My son, if you shall emulate the virtues and the life of the man for whom I have named you, there will never be need for you to regret that you failed to have a different name." James Gordon, of Orange, appears from the re cords of Orange, Spottsylvania and Culpeper coun ties, to have been a large landed proprietor, owning \'arious tracts In those counties, aggregating several thousand acres. Among them in described "a cer tain tract or parcel of land lying in the lower end of Orange County, being a part of the tract of land originally sold by General Alexander Spotswood to Mr. Peter Conway, containing by State survey 652 acres"; and another tract in Spottsylvania, which is described, in a deed from General Henry Lee ("Lighthorse Harry"), and Ann Lee his wife to James Gordon, named therein as "of Culpeper," as "531 acres, with all Houses, Buildings, Gardens, Orchards, Woods, underwoods, ways, waterways, profits, easements, advantages, hereditaments and appurtenances whatsoever to the said land belong ing" — a description which would seem to character ize the leisure, the perspicuity and the picturesque- 46 WILLIAM FITZHUGH GORDON ness of the times, when compared with the usual de scription in the average conveyance of lands in this more prosaic and hurrying day. James Gordon died intestate In the prime of life, aged forty, at his home at Germanna, on Saturday, December 14, 1799 — a day piously and patriotically remembered and commemorated by his children and descendants as that on which also occurred the death of the Father of his Country, General George Wash ington, His public career consisted solely, as has been stated, in his service in the General Assembly of Virginia and in the Convention of 1788; but it is interesting to observe that his descendants and those of his uncle, Colonel James Gordon, of Lancaster, have been prominent members of, or connected in an official capacity with every constitutional convention, save one, which has ever sat In Virginia. His first cousin and brother-in-law, James Gordon the second, of Lancaster, was a member of the Convention of 1776, which framed Virginia's first written constitu tion; and also represented that county in the Con vention of 1788, where he advocated the cause of Henry and the "Antis," William FItzhugh Gordon was a member of the Constitutional Convention of 1829-30; and his son and namesake W^illiam FItz hugh Gordon, Jr,, was one of the secretaries of the Constitutional Convention held in the city of Rich mond In 1 86 1, which adopted the Ordinance of Secession, and was the special emissary of the conven tion who conveyed the official copy of that tre mendous document to Jefferson Davis, President of the Confederate States, at Montgomery, Alabama. Again, In 1868, when the carpetbaggers and scala wags in Virginia gathered at Richmond, after the close of the War between the States, to reconstruct what had been the Commonwealth, and was then "Military District Number One," by framing a new constitution that would be acceptable to the powers at Washington, a great grandson of Colonel James WILLIAM FITZHUGH GORDON 47 Gordon, of Lancaster, the honorable Joseph Addison Waddell, of Augusta County, was one of a small but devoted band of patriots in the "Black and Tan" Convention, who sought to stem the tide of Ignorance and hatred. In the restored and revitalized State, Its latest Constitutional Convention assembled in Richmond in 1901 to amend and alter the constitu tion of the "Black and Tan" gathering; and In that body's one hundred members were numbered three descendants of the two emigrant brothers from Newry — one of them, James Gordon Waddell, a great-great-grandson of Colonel James Gordon, of Lancaster, representing the city of Richmond, and the other two, great grandsons of James Gordon, of Orange, namely, Reuben Lindsay Gordon, represent ing the county of Louisa, and William Gordon Rob ertson, representing the city and county of Roanoke. In the county of his adoption the memory of James Gordon, of Orange, Is preserved in the desig nation of one of its four magisterial districts, the other three of which bear the historic names of Madi son, of Barbour, and of Taylor. CHAPTER III early life Soon after the death of his father, William FItz hugh Gordon, who was born at Germanna, January 13, 1787, and was the second son of his parents, was sent to the neighboring town of Fredericksburg to learn the mercantile business In the store of a thrifty Scotch merchant there. He was then in his thir teenth year. His father, notwithstanding his large landed possessions, had died, as has been stated, leav ing his estate more or less embarassed; and there was no ready money available for a college education of the lad, besides whom there were three other boys and two girls in the family. He had attended a neighborhood "old-field school" In his father's life time, where "reading, writing and arithmetic" were taught; and of these elementary branches he had acquired a very good knowledge. His lines fell in profitable, if not pleasant places, however, in his association with the Fredericksburg Scotchman, who was a man of intelligence and education; and form ing an attachment for his young clerk, In whom he perceived the promise of capacity and industry, this gentleman himself directed, as best he could, the boy's education during the time that he remained with him. After several years thus spent In Freder icksburg, during which he applied himself closely both to his business and his books, young Gordon se cured a position as a school teacher, and conducted a school for one or more sessions, until he could make and save enough money to pay his way in a good classical academy. At this time his cousin, James Gordon Waddell, son of "the Blind Preacher," was conducting a school for boys and young men at Spring Hill, just across the road from Hopewell, the WILLIAM FITZHUGH GORDON 49 residence of the "old Inan eloquent," near the town of GordonsvIUe. Gordon entered his cousin's school, and lived in the meantime In the house of Dr, Wad dell, paying his board and tuition with the money which he had earned for the purpose. For the mem bers of this family he always afterwards cherished and manifested a devoted affection; and his admira tion for the goodness of "the Blind Preacher" was as lively as that which he entertained for his ora torical ability. He was accustomed in after years to speak of the time which he spent at Hopewell as one of the most valuable, as it was one of the pleasantest periods of his life; and to say that he cared for none of his relatives more than he did for his Waddell kin. After attending the Spring Hill academy for two sessions, he left It with a knowledge of the Greek and Latin classics that was unexcelled by that of any youth In the school — an accomplishment which was doubtless due no less to the fine classical acquirements and skillful instruction of his preceptor, who was a cultured and highly educated man, than to the boy's own natural aptitude and industry as a student. When he was in his twentieth year he returned to Fredericksburg; and having determined to pursue the profession of the law, he obtained a position as law-clerk in the office of General Benjamin Botts, who not only paid him for the services which he rendered, but directed and assisted him in his legal studies. This method of combining the study of law with the acquisition of a practical knowledge of the profession was a favorite one with those young men of the day who proposed to become lawyers; and many of the ablest attorneys in Virginia of Gordon's generation never crossed the threshold of any regu larly constituted law-school. He could have had no more efficient or interested counsellor and friend than General Botts, who was himself one of the leading 50 WILLIAM FITZHUGH GORDON lawyers of his day in the Commonwealth, and whom the attractive personality and evident ability and purpose of his young clerk impressed, as they had at an earlier date impressed the Scotch merchant, Gor don during this period attended the sessions of the courts which met in Fredericksburg, and saw cases tried and heard arguments presented by many dis tinguished members of the Virginia bar, which in that day had on Its roster the names of men who were famous the country over for legal knowledge and forensic talents. It was during his stay In General Botts's office that the celebrated trial of Aaron Burr for treason took place in Richmond, The preliminary examination of Burr was had before Chief Justice Marshall, and was conducted by Caesar Rodney, the Attorney-Gen eral of the United States, and George Hay, the United States attorney for the Federal District of Virginia, John WIckham and Edmund Randolph ap pearing as counsel for Burr. Burr was sent on to the Federal grand jury, of which John Randolph, of Roanoke, was foreman, and was admitted to bail. When the case came on for trial on the indictment found, Rodney had withdrawn as counsel for the prosecution, and William Wirt and Mr, McCrae as sisted Mr, Hay; while General Botts and Mr, Baker appeared with Messrs, Wickham and Randolph for the prisoner. Both prosecution and defense were conducted In a manner noteworthy not only in politi cal history but In the history of legal trials, as one of the most famous that has ever occurred In America, The verdict of the jury was: "We of the jury say that Aaron Burr Is not proved to be guilty under this Indictment by any evidence submitted to us. We therefore find him not guilty," Gordon remained in General Botts' office about two years, making the most of his time in study and observation, but not neglecting in the meanwhile the acquisition of another branch of knowledge, which WILLIAM FITZHUGH GORDON 51 was as essential to the success of the young practi tioner in Virginia as that of Coke on Littleton, Lie mingled with the society of the able men and accom plished wornen for which the town of Fredericksburg at that time was especially noted, and while studying human nature, at the same time enhanced those at tractions of manner and bearing, and developed the natural powers of conversation which throughout his subsequent career made his society eagerly courted by all with whom he became acquainted. He possessed a natural gift of oratory, which he cultivated by ex ercise as occasion presented itself; and having at length been licensed to practice law, he was admitted to the bar in 1808, and opened an office at Orange Court House, where he at once took a prominent position among the members of the junior bar. In 1809, regarding Charlottesville, the county-seat of the adjoining county of Albemarle, as a more advan tageous location, and one affording a larger field of opportunity, he removed thither ; and from that time up to his retirement from practice, was one of the most prominent of the members of his profession in the county. His taste for speaking soon attracted to him the attention of those who were interested In local politics ; and within three years after he settled In Charlottesville, while yet in his twenty-fifth year, he was made Commonwealth's Attorney for the county. The bar of Albemarle at that time was especially strong in the ability and acquirements of the lawyers who constituted it. Among them were Dabney Carr, a nephew of Jefferson, who later be came chancellor, and a distinguished Judge of the Supreme Court of the State; Joseph J, Monroe, a brother of the President, who was Dabney Carr's successor, and Gordon's immediate predecessor, In the office of Commonwealth's Attorney; John S. Barbour, later legislator, congressman, member of the Virginia Constitutional Convention of 1829-30, and able exponent of the State-Rights republicanism 52 WILLIAM FITZHUGH GORDON of the period in the halls of the Federal Congress; Valentine W. Southall and Richard H. Field, who are remembered as among the great Virginia lawyers of the past. It was a notable honor thus conferred upon so youthful and recent a comer; for the office, highly responsible and dignified always in Itself throughout Virginia, has been, from the very founda tion of the county, down to the present time, espec ially esteemed by the people of Albemarle, who have been proud to see among the fourteen lawyers who have held it since 1783, In addition to Carr, Monroe and Gordon, men so eminent in the profession In their generations as Valentine W, Southall, William J. Robertson, R. T. W, Duke, Egbert R. Watson and Micajah Woods, The prosecution of criminal cases, however, did not appeal to Gordon's tastes or inclinations; and he resigned the office before he had served out his first term. From that time on, during a period of several years, and until he became en grossed in the active pursuit of politics, he devoted himself assiduously to the general practice; and his services were especially sought after for the defence of criminal cases, where his combination of legal knowledge with ability as an advocate made him unusually strong. During this period of his life he was a diligent student of his profession as a science, and laid the foundations of a broad acquaintance with the principles of jurisprudence and the methods of procedure which made him an almost invincible opponent in the trial of a litigated law case ; and gave him at once, both upon his entering the Virginia House of Delegates, and the United States House of Representatives, positions upon their respective Judiciary Committees. In these positions, as herein after detailed, he left the permanent impress of his knowledge and his ability upon the legislation both of the Commonv/ealth and of the Republic, A close personal friendship had long existed between Gordon and James Barbour, later highly WILLIAM FITZHUGH GORDON 53 distinguished as Secretary of War In the Cabinet of President John Quiney Adams, and as Minister to the Court of St. James. He was a son of Colonel Thomas Barbour, who had been one of the "AntI" candidates for the convention of 1788 against Mr. Madison and James Gordon; and acquired a knowl edge of law while serving as deputy-sheriff. He was admitted to the bar at the age of nineteen ; and two years later was elected to the House of Delegates, where he served sixteen years, when he was chosen Governor, After a term as Governor he was elected to the United States Senate; and in 1837 presided over the Whig Convention at Harrisburg, which nominated General Harrison for the Presidency, Although Barbour was twelve years Gordon's senior, a strong personal intimacy existed between them, which despite their political separation some years prior to the former's death in 1842, remained unin terrupted to the end. On January 21, 18 12, we find Barbour, who had a few days before entered upon his term as Governor, v/rlting from Richmond the following intimate and ingenuous letter to his friend Gordon : "Dear Gordon: I received your letter of this month some days past, and In the cant of public men must tell you that I should forthwith have answered It but for the pressure of Important business. Be lieve me, my good friend, the sentiments of affection It breathed were precious to my soul. What in this life can equal that pleasure which arises from the communion of friendly souls? If it gives new and vivid coloring to prosperity, it also blunts the arrow of misfortune, VV^hether then my doom shall be one or the other, let me always have this solace. And I feel an Indescribable evidence that the cord of sym pathy and affection between you and me will not easily be severed, "I have entered upon a new and untried path. 54 WILLIAM FITZHUGH GORDON What may be the result Is left to all-trying time. My eye Is steadfastly fixed upon the prosperity of my country, for which I may say to my friends no man has a more ardent attachment. My errors, as I ap prehend there will be many, by all who know me will be placed to their true cause, in which they know my heart will have no share. "I rejoice that there is a fair field presented to you for reaping profit and renown In your professional career. I do not mean to flatter when I tell you that you have the seeds of success. They only want culti vation, and I pray God that you may not thwart the bounty of nature. And I must tell you, not to puff you, that this opinion Is not the partiality of a friend, but I have heard It from those who are capable of judging, and who towards you are impartial, "I had indulged a hope when I retired from the bar that I should have been able to give you a sub stantial evidence of my friendship by inviting you to take under your care all my business. But I have just been advised by my pupil, John S. Barbour, of his determination to commence practice in the courts of Albemarle and Orange, From circumstances which a feeling heart can at once recognize, his claims are paramount to any other; and I am sure that you will at once duly appreciate the motives that Influence me, and the frankness of this information, "The House of Delegates have to-day passed a law dividing the transmontane district Into four, a new judge to be appointed, and one to attend two dis tricts. What will be its fate is uncertain, as great doubts are entertained In the Senate. An Increase of the banking capital In this State, to the amount of three million dollars in the aggregate, is likely also to pass the same body, and the result of the question is equally uncertain, as It has to pass the Senate also, "No doubt seems to be entertained here but that war is Inevitable. The late Presidential message WILLIAM FITZHUGH GORDON 55 seems to indicate a determined spirit of hostility on the part of Great Britain, "As to the question you propound of the legal rep resentative of the much lamented Botts, you have no doubt seen the advertisement of G, Minor, which has already advised you that he is to transact his business, "I am, with sentiments of friendship, yours, "James Barbour, "Mr, D. Carr has been excluded to-day by P, Randolph by a majority of 22, — J. B." On the 26th of the month preceding the date of Governor Barbour's letter to Gordon a public calamity of extraordinary character took place In Richmond. The Richmond Theatre, at which were assembled an audience of six hundred persons to witness a new drama, for the benefit of Placide, a favorite actor, which was to be succeeded by the pantomime of "The Bleeding Nun," was burned with great loss of life. "The wild legend," says Mr. Howison, in his "History of Virginia," "on which this spectacle was founded, had lost none of Its power under the pen of Monk Lewis, and even In pantomime It had awakened great Interest, The regular piece had been played; the pantomime had commenced; already the curtain had risen upon Its second act, when sparks of fire were seen to fall from the scenery on the back part of the stage, A moment after, Mr, Robertson, one of the actors, ran for ward, and waving his hand towards the ceiling, called aloud 'The house Is on fire!' " In the tumult that ensued the flames spread with great rapidity, and the loss of life was appalling. Many sought to save themselves by leaping from windows and thus perished; while a larger number were lost in the flames. Among the dead, who aggregated nearly a hundred, were George W, Smith, the Governor of Virginia, and General Benjamin Botts, Gordon's 56 WILLIAM FITZHUGH GORDON friend and law preceptor, who, having escaped from the burning building, re-entered it to rescue his wife and niece, both of whom perished with him. Soon after Gordon's admission to the bar, and while residing In Orange, he married, on the 21st day of December, 1809, Mary Robinson Rootes, of "Federal Hill," Fredericksburg, a daughter of Thomas Reade Rootes, in whose hospitable mansion, which still remains one of the "show-places" of the old town, he had been a frequent and welcome guest during the period of his legal apprenticeship In Gen eral Botts' office. With every prospect of a life of happiness in her union to one of sympathy and de votion, whose abilities, associations and energies even then gave promise of his subsequent distinguished career, she survived the marriage but little more than a year, and died in January, 181 1, in the bloom of lovely young womanhood. Her younger sister, Sarah Robinson Rootes, married John Addison Cobb, who moved to Georgia, and was the mother of Howell Cobb and Thomas Reade Rootes Cobb ; the former of whom was Speaker of the United States House of Representatives, Governor of Georgia, Secretary of the Treasury under President Buchanan, and Secretary of the Treasury of the Confederacy, and a major-general in the Confederate States Army In the War between the States ; and the latter, one of the most brilliant and distinguished lawyers of the Georgia bar, and a brigadier-general In the Confed erate Army, who was killed in battle, in 1862, at Fredericksburg, in sight of the old house of "Federal Hill," In which his mother had been born and reared. In January, 18 13, and while living in Charlottes ville, Gordon married his second wife, who was thenceforward the companion of his own long life, and who survived him many years, dying In the latter part of the nineteenth century at the advanced age of ninety-five. She was Elizabeth Lindsay, the daughter of Colonel Reuben Lindsay, a wealthy merchant WILLIAM FITZHUGH GORDON 57 and planter of Albemarle, a colonel in the ser vice of the colonies during the period of the Revolu tion, and a personal friend and Intimate of Mr, Jef ferson, Mr. Madison and Mr, Monroe. This inti macy and friendship was a long-continued and lasting one; and we find in the first letter written by Gor don to his wife from the Constitutional Convention of 1829-30, of which the two last named venerable ex-Presidents were members, that he conveys from them to Colonel Lindsay a message of esteem. "Tell your father," he writes, "that Mr. Madison and Mr, Monroe both inquired after his health; and that theirs Is improving," Mrs, Gordon was a woman of great force of char acter, of unusual Intelligence, of marked cultivation and literary acquirements, and of devoted though unostentatious piety. At the time of their marriage Gordon had already attracted the attention of Mr. Jefferson, who had then retired to private life at Monticello, after a nearly continuous public service of forty-four years; and this union of the youthful lawyer with the daughter of one of his valued friends served to bring the younger man and the older into those closer relations of admiration and veneration on the one hand, and of confidence and esteem on the other, which contributed in no small degree to inducing Gordon at a later period to become a candi date for the General Assembly, when Mr. Jefferson was most actively urging before the legislature the creation of one of the noblest monuments of his genius, the University of Virginia, Elizabeth Lind say, In her girlhood and young womanhood, had formed such an association and companionship with Mr, Jefferson's daughters, who later became Mrs. Randolph and Mrs. J, W. Eppes, as often grows up between young women of sympathetic feelings and congenial tastes; and she frequently visited the family at Monticello. Among the many Interesting reminiscences which brightened her later years was 58 WILLIAM FITZHUGH GORDON one which she regarded as very Illustrative of the systematic utilization of time by Mr, Jefferson, She said she had observed that there was always a vol ume of some sort on the mantel-shelf of the dining- room at Monticello, from which, whenever she en tered the room at meal times, she almost always found him reading, while he stood near the fire-place, waiting for family and guests to assemble. The cir cumstance Interested her so much that she ventured to inquire of him why he should read standing, and at such brief and unusual moments. He replied that he had always sought to cultivate punctuality, a vir tue that did not consistently characterize so large a household as his; and that by economizing the wait ing moments, he had found leisure to read, as she had seen him reading, a very large number of books, the perusal of which he might otherwise have been forced to torego. Of Mrs, Gordon's unselfish devotion to her hus band during their long union perhaps no more char acteristic illustration can be given than In her con duct at the time of the burning of their dwelling- house In Albemarle, during his absence in Washlng- tion In the session of the last Congress of which he was a member. She was aware of the engrossing attention which the public business demanded of him, for he was then especially busy with his Sub-Treasury plan; and she wished to convey to him with as little shock as possible the news of the calamity which had thus befallen them. She wrote February 15, 1835, from her father's home at Springfield: "We are all well, I heard from our dear little boys since I wrote last to you. They were in fine health and spirits. These are blessings to be thank ful for; and now, my dear husband, when I tell you your manuscript papers and books are safe, I hope you will not suffer yourself to be much agitated, when I add that our house Is burned. Most of the WILLIAM FITZHUGH GORDON 59 furniture of the lower rooms Is saved. The girls lost all their clothing of every description, except a few trifles and what they had on. The first feeling of my heart was deep and fervent gratitude to God for having preserved us from the accident happening in the night, I shudder to think what sorrow we might then have had; but all my children are now safe, and I am perfectly resigned to any Inconveniences we may have to encounter, I must mention to you that we are Indebted to Mr, Provost, the young gentle man who lives at Mr. Rives', for the saving of all that was saved. He called at our house that day, Maria Walker was with me. Dinner was ready soon after. While at dinner In the cellar, a spark caught the roof from the chimney. No one observed it, until a large part of it was in a blaze, and the wind blowing violently. All the servants except Harry lost all presence of mind; and Mr, Provost and himself got most of the things out, I asked him to save your papers and books first; and went In myself and seized your likeness, when I found Reuben pull ing me out of the house. Reuben and William be haved like heroes. They were quite collected and helped to get out a great many things. All our neigh bors crowded to our assistance, black and white, — but before any men got there, It was Impossible to enter the house, "You know how often I have told you that my courage always rises to meet the occasion, I am per fectly composed. You must think of us as on a visit to our dear affectionate mother and sister, happy to know that we are all safe. If your public duties make It Important for you to stay from us till the close of the session, do so. I will write to you every post. All I beg, my dear husband, Is that you will not risk your health or safety In coming while the ice Is on the river, I told Cousin Lewis last night that I should write to cheer you, and beg you not to forsake the standard of old Virginia's principles for 6o WILLIAM FITZHUGH GORDON a paltry fire. There is not a man In the district that can be elected to support them now, but yourself; and perhaps it will be an effort congenial with your spirit to rise above this misfortune. I have no doubt or fear but we shall all be comfortable again. The girls beg me to ask you, if the silks are not purchased, not to get them, or anything for them but plain and neat clothing, such as gingham, cambric, calico. If you have bought plates and dishes, perhaps you would better sell them again, "Now again let me beg of you to take care of your own health, and don't venture on the Ice, When I see you and my children together again I shall be the happiest woman in the world. All send love to you more than I can express, and may God bless and pre serve you, "Ever your affectionate wife, "E, L, Gordon, "Don't think this blotted sheet the effect of agita tion, I write with a bad pen and my hand very cold," His courage was as lofty as hers. He met her message with a serene optimism that was the counter part of her own : "Washington, 17 February, 1835, "My dear Wife: I have just received your letter, communicating the loss of our dwelling-house. I have felt a good deal in sympathy with you and my dear children; but, thank God, you are all safe. The inconvenience of our loss is more than Its value. The house was an Indifferent one, and Intrinsically worth but little, save as having been our habitation through many years. Its destruction produces a mournful feeling, "I shall procure the girls some new clothing, I have determined not to leave my post here, until just before the adjournment. Perhaps I may be at March Court, I do not know that I could render any WILLIAM FITZHUGH GORDON 6i peculiar service by coming sooner; and I do not wish to_ give to my political adversaries any subject of criticism, "I am pleased at your account of the bearing of Reuben and William during the fire, I hope that they will be brave and virtuous men, "I communicated our misfortune to my friend, Mr, Robertson. He says you ought to be pleased, as I shall be compelled to build you a new house. You must think of this. I am afraid that you wIU crowd your mother very much, but I know it will afford her pleasure to shelter you under the circumstances. "I hope the overseer will not relax his efforts for a crop ; and that you will compose yourself as much as you can, I shall soon be with you; and perhaps our accident will turn out a blessing. It will arouse me to greater exertion and economy; but I feel it sensibly to have a houseless family at so Inclement a season, and to be absent from them. "It is not in my nature to grieve at mere pecuniary loss, and but for the sufferings of you and my dear children I should be very composed. My health never was better. The mess, and the family of Mrs, McDaniel expressed great concern for our loss, Mrs, McDaniel very generously offered to loan me all her spare money to assist me In building. The little kindness I have shown to her and her family, In helping them to make and keep their mess, has made them my very sincere friends. The girls send their love and sympathy for you. I shall get them to procure for M. and H. several new dresses, &c, "Affectionately and sincerely yours, "Wm, F, Gordon," The house thus destroyed In February, 1835, was not without an Interesting history. When Gordon married Mary Rootes, her father, who was a man of wealth, had purchased for the young couple a farm in the vicinity of Orange Court House, the village 62 WILLIAM FITZHUGH GORDON where he first opened a law-office for practice; and they lived on their farm for the short period of their married life, during which he combined, after the custom of the Virginia country lawyer of the period, the avocation of the gentleman-farmer with the voca tion of the practising lawyer. Upon the early death of his first wife, with the highmindedness and fine sense of right which always characterized him, he re-conveyed to her relatives the farm which had thus come to him from her father, although at the time he was possessed of little worldly gear, and well un derstood the value of Its possession In beginning the battle of life. He left Orange about this time, and settled at Charlottesville, Here for a long period, interrupted after his second marriage by a tem porary sojourn at Springfield, the home of his father- in-law, Colonel Lindsay, he continued to reside, and to practice his profession, meanwhile "riding the cir cuit" In attendance on the courts held in Orange and Louisa, as well as those of Albemarle, until in 1825, when he purchased from Nathaniel Ragland the property on the south side of the Southwest Moun tains, near the town of GordonsvIUe, the destruction of the dwelling-house on which has been described in one of the foregoing letters. The farm and dwelling had In colonial times con stituted "The Glebe" of Fredericksville parish, in Albemarle. Its first occupant as glebe property was the Reverend James Maury, for whom, says Bishop Meade in "Old Churches, Ministers and Families of Virginia," "soon after he settled in the parish a good glebe of four hundred acres was purchased, near Captain Lindsay's, and a parsonage built, which with the outhouses and other improvements, seem during his life to have been well attended to by the vestry," It may be noted that in 1763, when the parish was divided into Trinity in Louisa County, and Freder icksville In Albemarle, by an act of Assembly, the vestry of Fredericksville was ordered to pay two WILLIAM FITZHUGH GORDON 63 hundred pounds — half the price of their glebe — to the new vestry of Trinity for the purchase of a glebe. Here the Reverend James Maury, who was both rector and teacher of a small school, was succeeded by his son, Mr, Mathew Maury, who continued rector of Fredericksville parish until his death in 1808, The Reverend Mathew Maury also supplemented his meagre salary as an Episcopal minister by teaching a boys' classical school at "The Glebe;" and educated here a large number of the sons of prominent Vir ginia families. Among his father's pupils was Mr, Jefferson, who attended the school as a lad, prior to entering the ancient college of William and Mary in Virginia, at Williamsburg, In his venerable old age, after the purchase by Gordon of "The Glebe," as a place of residence, Mr. Jefferson said jestingly to Mrs, Gordon, "My dear, do you know that you have got the Old Boy's room in your house?" and in response to her somewhat astonished quei-y of his meaning, in formed her that it was the room dedicated to the oc cupancy of the older lads of Parson Maury's school, A nephew of the Reverend Machew, and grandson of the Reverend James Maury, of "The Glebe," was Commodore Mathew Fontaine Maury, of great fame in the later history of the country for his scientific ca reer, which earned for him the unique and Illustrious title of "Pathfinder of the Seas," After the destruction of the old glebe house at Edgeworth by fire in 1835, Gordon built the com modious brick mansion now standing on the place, which has been described by a local chronicler as a "handsome brick structure, which is two stories in height, with double rooms and a wide hall on each floor, besides a large cellar;" and of which the fur ther statement Is made that "it formed at that date an imposing building, being much superior to those of his neighbors, and Its spacious apartments became the scene of a refined and elegant hospitality," Here he resided up to the time of his death. CHAPTER IV > "the red hills of piedmont" Whatever may have been the relative architectural merits of Gordon's new house at Edgeworth and those of its owner's neighbors, it Is certain that at no period In the history of Colony or Commonwealth, and in no neighborhood characteristic of either, could there be found in Virginia a society more cultivated, refined and genteel than that composing the neigh borhoods between the towns of GordonsvIUe and Charlottesville, along the base of the Southwest range of mountains. Beginning at the former place, then but a small country village, where later a town of some size grew up about the home of Nathaniel Gordon, an uncle of William FItzhugh Gordon, from whom it took Its name, situated upon a section of the eighteen hundred acres of land which he owned there, and traveling westward, one came successively to "Hopewell," the home of Gordon's uncle by marriage, "the Blind Preacher" Waddell, near the church in the wilderness, where William Wirt had seen him lift his sightless eyeballs to heaven, and tell with words of Inspired eloquence how "Socrates died like a philosopher, but Jesus Christ like a God." Near by were "Springfield" and "The Meadows," the homes of the Lindsays, of which family came Gordon's second wife; and In the Im mediate neighborhood was "Logan," then occupied by Captain Lewis Walker, of the distinguished family whose founder In Albemarle County was Dr. Thomas Walker, famous as a pioneer and explorer in Kentucky, and a diplomat in dealing with the Indian tribes of the western frontier. Dr, Walker was commissary-general of the troops under Wash ington, who accompanied Braddock on his Ill-fated WILLIAM FITZHUGH GORDON 65 expedition, and was present at his defeat. He served in the House of Burgesses and on the Committee of Safety, and was President of the commission to fix the boundary line between Virginia and North Caro lina, He was Jefferson's guardian. By his mar riage with the widow of Nicholas Meriwether he acquired "Castle-Hill," the home, at a subsequent date, of his relative, Mr, William C, Rives. One of Dr, Walker's daughters, Betsy, married the Rev erend Mathew Maury, who taught school in the old Glebe house at Edgeworth. Another daughter, Lucy, was the wife of Dr. George Gilmer, of "Pen Park," and the mother of Mildred Gilmer, who mar ried William Wirt, the author of "The British Spy," and Attorney-General of the United States. A grandson of Dr, George Gilmer and Lucy Walker was Governor Thomas Walker Gilmer, who was Secretary of the Navy in President Tyler's adminis tration, and was killed by the explosion of a cannon on the steamer Princeton. During Gordon's life "Logan" continued the home of Captain Lewis Wal ker, who was Gordon's brother-in-law, he having mar ried Maria Lindsay, the sister of Mrs. Gordon, One of their sons was General Reuben Lindsay Walker, of the Confederate States Army, West of "Edgeworth" was "Keswick," the home of the Pages, whose history from colonial days to the present has adorned the annals of Virginia, During the period of this biography Its owner was Dr, Mann Page, a distinguished physician of his day, who on his maternal side was a grandson of that Archibald Cary, known as "Old Iron," of whom It has been said by the historian of the Vir ginia Convention of 1776, that when the scheme of a dictator for Virginia was talked of in the As sembly at Williamsburg, and it was alleged that Patrick Henry's friends favored him for the office, "Cary met Colonel Syme, the half-brother of Henry 66 WILLIAM FITZHUGH GORDON In the lobby of the house, and accosted him : Sir, I am told that your brother wishes to be dictator. Tell him from me, that the day of his appointment shall be the day of his death; for he shall find my dagger in his heart before the sunset of that day," Two of Dr, Page's grandsons, James Morris Page, and Thomas Walker Page, are now prominent pro fessors In the University of Virginia, the former being Dean of the Collegiate Department, after hav ing filled the position of Chairman of the Faculty, West of Keswick and nearer the mountain was "Castle Hill," during Gordon's life the home of Mr, William Cabell Rives, Mr. Rives was one of the most conspicuous figures In American politics in the first half of the nineteenth century. He was elected to Congress in 1822 as a Democrat, and after serving three terms was sent to France as Minister from the United States by President Jack son, He succeeded Senator Tazewell In the Senate in 1832, where he was known as a "Conservative," He resigned In 1834, and was again elected Senator In 1835, holding the office till 1845, He was a prominent figure In the debates on the expunging resolutions and the Sub-Treasury scheme; and was again Minister to France In 1849, He was a pub lic speaker and debater of great ability, and a scholar of varied culture. Among his other literary works was an elaborate "Life of James Madison." Mr, Rives, Dr. Page, and Gordon all had sons in their families; and under an arrangement partici pated In by the three houses, a teacher was employed to whom these lads went to school ; and who taught, generally In turn, at Edgeworth, Keswick or Castle Hill. The annalist of the school states that Mr. Provost, whose helpful conduct at the burning of the Edgeworth house is described in Mrs. Gordon's letter to her husband, taught at Castle Hill in 1835-36, and that he "was one of the best teachers," He naively adds that Mr, Provost "also courted all WILLIAM FITZHUGH GORDON 67 the marriageable girls in the neighborhood," These teachers were young men, who were graduates of Princeton, of Yale, of Bowdoin, of Harvard, and of the_ English Universities, George Jeffrey, of Cambridge University, taught at Keswick In 1843- 1844, and at Edgeworth the following session, "It was about this time," writes the annalist, "that F, W, Meerbach, a famous German pianist, gave music- lessons to young ladies In the neighborhood, Mr. Jeffrey was a very eccentric man, and the two had a quarrel, resulting in Mr, Jeffrey's going next ses sion to Edgeworth," Among the last teachers of the neighborhood, most of the boys having in the mean time grown up, was Mr, Calvin S, Maupin, of North Carolina, who taught at Edgeworth, Of him the school-annalist writes: "Mr, Maupin was not a very literary man, nor did he much enjoy conversa tion at meals, being usually blessed with a ravenous appetite. Thus, while General Gordon was telling some anecdote about President Jackson, while a member of Congress, Mr. Maupin Interrupted him in the middle of the most Interesting part by remark ing, 'General, you got my bread!' " Next to Castle Hill, on the west, was "Kinloch," the home of the Meriwethers, a family which gave to the country one of Its most famous explorers In the person of Meriwether Lewis, the companion of Clark on the great "Oregon Trail," Of him Mr. Jefferson said: "He was courage undaunted, pos sessing a firmness of purpose which nothing but im possibilities could divert from Its direction, and was Intimate with Indian character, customs and princi ples," Other distinguished members of this family were the two David Meriwethers, the elder of whom went to Georgia, where he attained prominence as a legislator and Congressman; and who was ap pointed In 1804 by Mr. Jefferson a commissioner to treat with the Creeks, and also served with An drew Jackson in making a treaty with the Cherokees. 68 WILLIAM FITZHUGH GORDON The younger David went to Kentucky, where he be came a member of its Constitutional Convention of 1849, later Speaker of its House of Representatives, and succeeding Henry Clay In the United States Senate in 1852, was afterwards territorial Governor of New Mexico. The occupant of "Kinloch," In Gordon's time was Dr. Thomas W. Meriwether, whose wife was a granddaughter of Governor Thomas Nelson, of Yorktown, and a daughter of Hugh Nelson, son of Thomas, upon whose death, in 1836, Kinloch came into the possession of Dr, Meriwether, Hugh Nel son was among the most distinguished of the many distinguished men of this Piedmont section. He was Speaker of the House of Delegates In the Gen eral Assembly of Virginia, and a judge of the Gen eral Court. He was elected to Congress, where he served twelve years, when he resigned; and was then appointed United States Minister to Spain. Nelson's residence, however, was not at Kinloch, which was built by Dr. Meriwether, but at "Belvoir," near by. Nelson obtained the Belvoir estate by his marriage with Eliza Kinloch, only granddaughter of John Walker, the eldest son of Dr, Thomas Walker, of Castle Hill. John Walker of Belvoir served as "an extra-aide" on General Washington's staff dur ing the Revolution; and in 1790 was a United States Senator, by executive appointment, succeeding Wil liam Grayson. Walker's wife was Elizabeth Moore, granddaughter of Alexander Spotswood, Colonial Governor of Virginia, and founder of the "town" of Germanna, whose description by William Byrd, of Westover, has been given in a former chapter. Further west, in the direction of Charlottesville, stood "Belmont," the home of the Everetts, whose owner in the early decades of the nineteenth century was Dr, Charles Everett, a graduate in 1796 of the medical school of the University of Pennsylvania, who was at one time Gordon's colleague in the House WILLIAM FITZHUGH GORDON 69 of Delegates, later serving as private secretary to President James Monroe, Near Belmont was "Edgehlll," the residence of Jef ferson's son-in-law, Governor Thomas Mann Ran dolph, He was a descendant of William Randolph of Turkey Island, the progenitor in Virginia of many distinguished men of the name who have adorned American history with the story of their civic achievements ; and who was also the ancestor of Mr. Jefferson himself, and of General Robert E. Lee, Governor Randolph was educated at William and Mary College, and at the University of Edinburgh, He was a member of the Virginia Senate in 1793 ;ind 1794, and a representative in Congress from 1803 to 1807. One of his biographers says of him: "During the War of 18 12 Mr, Randolph's ardent patriotism was conspicuous. He raised a command and gallantly participated in the engagements of the seaboard, and was soon promoted to lieutenant- colonel, and placed in command of the First Light Corps." He was Governor of Virginia from De cember I, 1819, to December i, 1822. Gordon served under Colonel Randolph In the War of 1 8 12, first as a private, and then at head quarters. His admiration for him was very great; and we find that his letters of the period, writ ten home to his wife, contain frequent allusions to him. In 18 19 he was Gordon's colleague In the House of Delegates, "Colonel Randolph's election to be Governor of the State," wrote Gordon from Richmond, under date of December 16, 18 19, "has left me alone In the House of Delegates, and nothing but your per sonal Indisposition would justify my leaving the county entirely unrepresented. Colonel Randolph was elected with great honor to himself, as he had two competitors who were respectable," And again, December 23, 18 19: "The triumph of the friends of Colonel Randolph over the detractions of his 70 WILLIAM FITZHUGH GORDON enemies was Indeed pleasing." After having served as Governor of the State, Colonel Randolph was again returned to the House of Delegates as Gor don's colleague from Albemarle County. On De cember 7, 1823, the latter writes to Mrs. Gordon: "I am boarding at the Eagle, where there are nearly sixty members of the Assembly. Mr. and Mrs, Loyall are near neighbors. Colonel Randolph boards only a little distance from me. He has lately returned from New York, and Is delighted with the improvements of that great State, I am much pleased that he Is In the Legislature. He is gaining friends every day and making the true impression which his science, Intelligence and patriotism should always command; and but for that rash humor which his mother gave him might now have stood foremost In the ranks of those who, wanting nearly every quality which he possesses, are aspiring to the highest honors of the Confederacy, I feel proud that he is my friend, and count myself the better for never for one moment having neglected or abandoned him," An historic Illustration of this fierce temper, to which Gordon alludes, was Thomas Mann Randolph's at tack on his kinsman, John Randolph of Roanoke, In the closing scene of the Ninth Congress, when Imagining that the latter had referred to him in objectionable language, he made a most violent and savage speech against John Randolph, that was only prevented by the intervention of friends from re sulting In a physical collision. Hard by Edgehlll was "Shadwell," the home of Peter Jefferson, surveyor and map-maker with Joshua Fry, and the birthplace of his Illustrious son, Thomas Jefferson; while across the river, and In sight, stood "Monticello," on Its eminence overlook ing the red-watered river of the RIvanna, Itself the dwelling-place of the great political leader and philosopher. These were the homes of Gordon's neighbors, and WILLIAM FITZHUGH GORDON 71 perhaps all of them, his friends. Not far from MontlceUo, northwestward. Is the town of Char lottesville, near which lived James Monroe, fourth President of the United States; and two miles fur ther off was "Blenheim," the seat of Andrew Steven son, Speaker of the United States House of Repre sentatives during Gordon's membership of that body, and Minister to the Court of St, James under the administration of Jackson. A few miles away Is the birthplace and burial-place of Thomas Walker Gil mer, Gordon's contemporary and friend, Governor of Virginia, Member of Congress, and Secretary of the Navy, killed by the accident on the steamer Princeton, before he had well passed his fortieth year. "Within but a little distance," says a recent writer, In a local article describing the distinguished homes near the University of Virginia, "between the home of Monroe and the burial-place of Gilmer still stands the house in which lived Joshua Fry, the colonel of Washington's regiment, above whose burial-place that great man carved upon a tree, that beneath its shelter lay 'the good, the just, the noble Fry,' "A little further off to the west stands the stately mansion in which was born Edward Coles, Terri torial, and afterwards first Governor of Illinois, Go directly south of the birth-place of Edward Coles, and you come to the birth-place, now only a memory of Wilson Cary Nicholas, member of Congress, United States Senator from Virginia, and Governor of Virginia," Turning eastward again, across the Southwest Mountains from Gordon's house at Edgeworth, was the mansion of James Barbour, Governor of Vir ginia, United States Senator and Minister to the Court of St, James ; while a mile away was the resi dence of his brother, Philip Pendleton Barbour, mem ber of Congress, Speaker of the House of Repre sentatives and Justice of the Supreme Court, both 72 WILLIAM FITZHUGH GORDON of whom were Gordon's warm personal and politi cal friends, and the latter of whom he hoped and endeavored in the Democratic National Convention at Baltimore In 1835, to nominate for Vice-Presi dent of the United States, "Come back now to Monticello," continues the writer above quoted, "and look across the river to your left, and just beyond the bridge which spans Its red waters. On the hillside sloping towards the river was born George Rogers Clark, the Intrepid soldier, and the great conquerer of the Northwest Territory. Follow the river up towards Its source, and up one of Its smaller northern tributaries a few miles, and in a cabin of which no trace now remains, was born Gen eral Sumter, the hero of the Revolution, member of Congress and Senator from South Carolina. "A few miles further north, and you come to stately 'Montpeller,' the home and burial-place of James Madison * * * Go up the railroad a few miles towards Washington, and a monument marks the spot where stood the cabin in which Zachary Tay lor, hero of the Mexican War, and President of the United States, was born, "Come back again to Monticello, and stand on the western slope of the little mountain, and look up the meanders of the river. About four miles off you can see a large white house In a grove, the home of Dr. George Gilmer, Revolutionary patriot, where once lived William Wirt, Attorney-General of the United States, jurist, orator and author. But a few steps back of the house sleeps his first wife — his earliest love. "Look down Into Charlottesville, About the cen tre of the town and near the City Hall, was born Nicholas P, Trist, the distinguished statesman of Kentucky, who together with Mr, Jefferson, drew the celebrated resolutions of '98 and '99. Follow the main street of the little city, by the rotunda of the University, and passing the home of the present WILLIAM FITZHUGH GORDON 73 Senator of Virginia, Thomas S. Martin, you come to Ivy, a pleasant little hamlet seven miles away. Half amile to the north of this village you come to the birth-place of Meriwether Lewis, who with a brother of George Rogers Clark, made his way to 'where rolls the Oregon,' and opened the way of the world to the great States of Washington and Oregon. Of his birth-place and home only a chimney remains." Here, too, amid the foothills of this Piedmont region, that bear the peculiar physical characteristic of a vivid red soil, lived Dabney Carr, patriot and eloquent orator, who moved the resolutions in the Virginia House of Burgesses In 1773 for the ap pointment of the Committee of Correspondence, He married Jefferson's sister; and their son, the younger Dabney Carr, was chancellor of the Winchester Dis trict of Virginia for thirteen years, and Judge of the Supreme Court of Appeals of the State from 1824 to 1837. The roster of these Pledmontese would lack com pleteness if it failed to include the name of Francis Walker Gilmer, of Albemarle, to whom was en trusted by Mr. Jefferson in 1824 the important task of going abroad and Inducing the acceptance by dis tinguished foreign scholars of professorships In the new University of Virginia, The correspondence of Jefferson and Gilmer still exists In manuscript form, bound In a thick volume, which also contains letters of advice and assistance from Dugald Stewart, Ben jamin Rush, Lord Brougham, Lord Telgnmouth, Dr, Samuel Parr, Lord Forbes, Henry Drury of Harrow, Prof, John Leslie of Edinburgh, George Ticknor, Dupont de Nemours, William Wirt, and many others, Gilmer was a man of unusual qualities of mind, who died before the meridian of achieve ment, but left upon his time the unmistakable mark of his genius, "Among those who have shown me favor," wrote of him John Randolph of Roanoke, 74 WILLIAM FITZHUGH GORDON "I set high value upon the attachment of Frank Gil mer," In the town of Charlottesville, though of a younger generation than Gordon, lived his son-in-law, Wil liam J, Robertson, an eminent judge of the Supreme Court of Appeals of Virginia, who was the recog nized leader of the bar of the State In his generation and who, among other notable cases in the United States Supreme Court, was counsel In the famous suit of General Robert E, Lee's children to recover Arlington from the United States Government ; while In the nearby Piedmont county of Culpeper resided In the period of his earlier practice William Green, believed by his American contemporaries and by leading members of the English bar to be the most learned lawyer of the Western world; and who, though himself a slave-owner and regarding John Brown as a malefactor and assassin, represented him in his petition for a writ of error to the Supreme Court of Appeals of Virginia In 1861, because he thought that a knowledge of his client's guilt does not warrant a lawyer to refuse his case. To this petition, which was rejected. Green said In a letter to Governor John A, Andrew of Massachusetts, that he gave such ability and effort as he was able, "as if he had believed Brown innocent;" and Mr, Randolph Tucker has emphasized Green's statement by the as sertion that the petition contained all the law of treason known to the English-speaking world, A large majority of these Pledmontese, whose careers have been briefly summarized in this chapter, were Gordon's contemporaries; and very many of them were his personal friends and Intimates. They all, whether of an earlier or later time, are illustra tive of the character and kind of people who for so long a period chose him as their representative In the legislative halls of the commonwealth and nation. It was no idle compliment which John Randolph of Roanoke paid to PhiUp Pendleton Barbour, upon WILLIAM FITZHUGH GORDON 75 the occasion of the latter's maiden speech in Con gress, when he said, "Sir, I have listened to you; and I see that the Red Hills of Piedmont are still producing great men," CHAPTER V IN THE WAR OF I 8 12 Soon after Gordon moved from Orange County to Charlottesville the difficulties with England grow ing out of her claim to the right of search, during her war with France, became acute. In 1809 Mr, Jefferson had finished his second term as President, and returned to Monticello, where his personal as sociation with and Influence over the young men in Charlottesville and Albemarle were dominating. His neighbor and friend, Mr. Madison, was still in the White House at Washington when war loomed on the horizon. Jefferson himself saw it coming In the spring of 18 12, as Governor Barbour had indi cated It in his letter to Gordon of January 21st, of that year. "No doubt seems to be entertained here," he wrote from Richmond, "but that war is inevi table," Mr. Jefferson wrote to a friend In England: "Our two countries are to be at war, but not you and I. And why should our two countries be at war, when by peace we can be so much more useful to one another ? Surely the world will acquit our government from having sought it. Never before has there been an instance of a nation bearing so much as we have borne." Both Jefferson and Madison had carried endur ance to the limit; but the Republican party to which they belonged was so overwhelmingly in favor of hostilities that the President was compelled to re commend a declaration. In June, 18 12, Congress passed an act declaring the existence of a state of war between the United States and Great Britain, and the President Issued his proclamation that war had begun. New England opposed the war, and threatened secession; and when the administration, WILLIAM FITZHUGH GORDON / 1 in accordance with the provisions of the act of Con gress, called for militia, the governors of Massachu setts, Connecticut and Rhode Island refused to obey; and the courts of their several States sustained them on the ground that the act was unconstitutional. Disasters to the American arms on land, and vic tories at sea, were the earliest fruits of the struggle, which until May, 1813, raged at a distance from the territory and shores of Virginia. Early in that month, however, Admiral Cockburn, with a British fleet, entered Chesapeake Bay, and committed various depredations in Maryland, In August of the fol lowing year a detachment of four thousand British soldiers under General Ross marched fifty miles across country to Washington, from the fleet, and captured the city. The President and his Cabinet sought safety in flight, while the British soldiers ate the dinner that had been prepared and drank "the ale, cider and wine" that had been "placed in the coolers" for the entertainment of the members of "the Cabinet, military gentlemen and strangers" whom the President had Invited to dine with him that day. Admiral Cockburn entered the hall of the House of Representatives at the Capitol, at the head of a band of followers, and seating himself in the Speaker's chair, put them the question: "Shall this harbor of Yankee democracy be burned? All for it will say 'Aye.' " The ayes had It; and the Capitol and other public buildings in Washington were de stroyed by incendiary fire. In the mean time, and before the burning of the Capitol, great excitement had been precipitated in Virginia by the attack on Craney Island, near Nor folk, by the British, and Its successful defense by the Americans; and later the capture of the town of Hampton, James Barbour, the Governor of Virginia, assem bled the citizen soldiery in the field, Gordon, with other kindred spirits, volunteered. On the 31st of 78 WILLIAM FITZHUGH GORDON July, 1 8 14, he wrote to his wife, then at her father's house, from Charlottesville : "On my arrival here I was Informed that Colonel Yancey, who will command us, was without a clerk, and hearing he would not be here for a day or two, I procured a furlough from my officer, and rode im mediately to see the Colonel, who has appointed me clerk to the regiment. I shall be a member of the Colonel's family, along with Dabney Carr, Tucker Coles, and several other genteel persons. The troops will march from this place to-day," On the 30th of August he announced the arrival of his regiment, under Colonel Charles Yancey, In Richmond; and stated that he had reported to the Governor, "who has taken the field, and pitched his tent In camp" — a characteristic action on the part of the Chief Executive of the Commonwealth, who, In this contest, "is said to have pledged his personal means to sustain the credit of his State, and by his vigilant and able conduct of affairs nobly maintained the honor of Virginia, who acted well her part in this second struggle with Old England," "We were ordered to report ourselves," continued Gordon In his letter, "to the adjutant-general this morning, which we shall presently do. The imme diate apprehension for this place will be lessened by the arrival of a number of volunteer and other troops, who are pouring Into the city from every direction. We have heard that the enemy have evacuated Washington, and there Is nothing but vague rumor as to any other of their movements. Great exertions are making to put Virginia in an 'armor of defence;' and I cannot suffer myself for a moment to doubt the result and happy consequence of such efforts. Our immediate destination we shall know in a few hours, I am informed from good au thority that I shall receive a very pretty appointment on the general staff, which will enable me probably to render more service to the republic, with more WILLIAM FITZHUGH GORDON 79 advantage to myself, * * * Tell your father that I believe all the property here, that can be transported to places of safety, has been sent away," A few days thereafter, he writes from "Camp Warronlgh" near West Point, on the York River: "Colonel Randolph's detachment arrived at this present encampment two days since. The corps are all high In spirits, and anxious to encounter the enemy. He has under his command the finest of the youth of Virginia. Our wary enemy I hear will not give us an opportunity of obliterating the disgrace at Washington. He will probably wait until the ardor of the moment shall have passed away before any attempt Is made on Virginia, Our Colonel has all his chivalry about him. Major David Watson of Louisa is with us, I am In a very genteel mess, and am as contented as I can be away from my family, "There Is a novelty in a camp life which is not unpleasant to me, though every moment of reflec tion teaches me the value of the happiness I have left behind me. But when I see thousands of others who have made even greater sacrifices than myself, I feel that I should be degraded In any other char acter than that of a soldier for the term. I have declined several little appointments which would have lightened the burdens of my condition; but I have refused to leave the ranks of my country, where I can share the difficulties of the time. Our friend, James Ragland, will be appointed adjutant to the cavalry under Colonel Randolph; and he insists on my aiding him, which I shall consent to do. "There has been considerable difficulty in procur ing provisions, &c,, for the numerous troops and companies that are and will be In service. There are many of my friends and acquaintances In camp. Francis Gilmer Is with us, acting as secretary to Major Watson. I have determined to ask for no 8o WILLIAM FITZHUGH GORDON appointment whatever. If my merits do not point me out, I shall continue a private," Early in September he wrote from Richmond that he and his wife's kinsman, William Lindsay, had joined Captain Carr's troop of cavalry, "which with the Richmond Blues, and several other of the finest companies here, will form an elite corps under the immediate command of Colonel Randolph. * * * There are a great quantity of troops from all parts of the country, the choice spirits of Virginia, flock ing to her standard. I have until this morning been at Headquarters, writing constantly, I was much solicited to remain in the department of the adju tant-general, but I preferred the situation of a pri vate with Colonel Randolph. "I have not seen Mr, Rutherford's family, or him self. Your father has no doubt heard of the dis graceful capitulation of Alexandria. Thank God, it is not a part of Virginia ! Mr, Rutherford has moved all his tobacco up to his own lot. The troops are in the finest spirits you can imagine. The spirit of the people will erase the disgrace of the Govern ment, We want talents everywhere, patriotism Is general. Our patriotic Governor is using all his exertions to sustain the high character of Virginia, "I have just got a sword; and really I have reminded myself of the humorous story in the 'Spec tator' of the gentleman who could scarcely keep his sword from between his legs, I shall be shortly a more accomplished soldier." Again, from Camp Warronlgh, he wrote, on Sep tember 14, 1 8 14: "I fear we shall have no opportunity of meeting the enemy on our shores. This whole corps would meet them with a firmness and enthusiasm Inspired by the occasion, and by the devotion of every man in it to our heroic commander. It Is really enviable to see to what a degree of affection and attachment he has already bound all to him. WILLIAM FITZHUGH GORDON 8i "The only articles I purchased In Richmond were a flannel coat and a pair of nankeen pantaloons. If my Virginia cloth is ready, you would have an op portunity in fifteen days from the present date of sending me down any articles you may make by Mr. Arthur Clayton of Louisa, who has a furlough, and will return in that time, I am, however, not In want of clothes, and do not affect any of the parade of a soldier. If I had time and seclusion, I could interest you somewhat with a description of this coun try ; but the frequent interruptions of business forbid. We have heard that some of the enemy's ships have left the Bay, destination unknown," William Wirt was one of the officers at Camp Warronlgh, and commanded an artillery company. In a letter written by him in September, 1814, he says, "Frank Gilmer, Jefferson Randolph, the Carrs and others, have got tired waiting for the British, and gone home," No other of Gordon's letters home during this period have been preserved, until that of December 23, 1 8 14, written from Camp Carter, on the Chickahomlny River, where the Virginia army, theretofore commanded by Governor Barbour, in person, had now gone Into winter quarters. The State troops while at Camp Carter, and at Camp Holly on the Chickahomlny, were commanded by General John Hartwell Cocke, who was later a con- splcuous.figure In the history of Virginia as a mem ber of the first Board of Visitors of the University of Virginia, and as Vice-President of the American Colonization Society, formed for the purpose of settling the slavery question by the colonization of the negroes of the South in Africa, "The day after I wrote to you," Gordon wrote, under the foregoing date, to Mrs, Gordon, at Spring field, "I was requested by General Cocke, through 6 82 WILLIAM FITZHUGH GORDON his aide, Mr, Rives, to act as his Secretary, to which I consented, as It would render my situation more comfortable and pleasing, I have been at camp several days waiting for the General, who is in the neighborhood of Williamsburg, He is expected here to-day. "You will be quite at a loss to conceive how an encampment, which a few weeks since was in wood, furnishes accommodation for upwards of two thou sand men, as warm as your mother's chamber, the streets of which are as smooth and dry as the best turnpike road. The cabins are all neat and warm. In the absence of General Cocke, I have slept in the quarters of Lieutenant Nicholas. "I find General Cocke universally respected and looked up to by the officers under his command — a striking instance of the triumph of talents and per severance In a cause of duty over the momentary prejudices and disgusts of others, "If Gilmer has returned, present my warm re gards to him, and tell him to write to me, or come down to see me, if he can spare time," In the Interval between the last letter, and that which follows, the battle of New Orleans had been fought. On the 8th of January, 1815, General An drew Jackson, with seven thousand men, for the most part raw militia brought hastily together, had met and repulsed the attack of eight thousand ex perienced and highly trained veterans, many of whom had seen service in the European wars. The Ameri can loss had been only seventy-one men. The British loss was two thousand, Including their cour ageous leader, General Pakenham. It was a glorious triumph for the citizen soldiery, and afforded an ample vindication of the views of the republicans of Mr, Jefferson's school, who were opposed to a large standing army, and believed that citizen troops properly organized by the States constituted a suffi cient defense in time of war. WILLIAM FITZHUGH GORDON 83 On February 2, 18 15, Gordon wrote from Rich mond, whither he had accompanied General Cocke : "The Intelligence that General Jackson had suc cessfuUy resisted the enemy at New Orleans has given great joy, which has been somewhat damped by our loss of the President frigate, commanded by the gallant Decatur. We are ignorant of the par ticulars, but we know that she had to contend with several vessels larger than she was, after having been crippled In a previous action, so there is no honor gone. We have heard nothing from our Commis sioners and of the state of Europe, "But I am writing to you a letter of politics. Gen eral Cocke is so much pleased with my 'home-spun' that he presents you with his compliments, and begs you will accept as much merino wool as will make a suit of clothes, I have just heard that the Presi dent has returned the Bank-bill to the Senate with objections. We have just learned that General Jack son has killed and taken fifteen hundred of the enemy, among whom are three of their generals. This is glorious!" The battle of New Orleans had been fought and won by the Americans after the official end of the war. The Treaty of Ghent had been concluded, and signed on Christmas day of 18 14, by the Commis sioners of the United States, Albert Gallatin, Henry Clay and John Quiney Adams on the one side, and those of Great Britain on the other; but as at that time It took six weeks or more for a sailing vessel to cross the Atlantic, news of the peace did not reach America until about the middle of February, In the mean time, Gordon wrote to his wife from Camp Carter on the loth day of February, 18 15: "I hope you will not be unhappy at any of the rumors of this epidemic which prevails In the coun- 84 WILLIAM FITZHUGH GORDON try. I have no apprehension from it myself; and indeed the cases which have occurred In this vici nity are now of a moderate character and perfectly manageable by physicians; add to which that few or no persons are subject to It except those who have been exposed to violent cold weather, and those who are not clothed warmly. The physicans say there is nothing contagious in It. "In a few days I shall set out with General Cocke for Williamsburg, and shall visit York, where I ex pect to have many emotions awakened calculated to make me more patriotic. If there is a post day, I will write you from that place. From my retrospect of an era in our revolutionary fortunes my mind moves with rapidity towards the theatre of the glory of General Jackson, The papers will tell you how he has fought and how he has conquered; and you will say with me that we are not a degenerate people, when we see the conquerors of the Old World, of disciplined valor and renown in arms, bowing before the impetuous ardor of a free and unconquerable militia. Old England will stand amazed, and the European world will discredit the great defence which our troops have made." There were well-informed people in Great Britain, however, in the time of this episode, as in that of the Revolution, who had deprecated the war, and to whom the news of the victory won by the civilian soldiers of Jackson over Pakenham's trained regulars did not come as a total surprise. The Lon don Statesman of March 30, 18 13, had said: "America must be excepted from the expression 'All our enemies,' She Is of us, and of us improved. We are neither ashamed nor afraid to say so. We knew it before, and knowing so much, we have uni formly deprecated going to war with her. The Americans will be the most terrible warriors we have WILLIAM FITZHUGH GORDON 85 had to contend with. We have, like fools, despised them as a power in arms." On the 1 8th of February, 18 15, peace was pro claimed by the President of the United States, and was received throughout Virginia with manifesta tions of joy. Through the country sections and the towns alike the people exhibited their delight by burning bonfires and illuminating their houses. They were glad to be rid of what they regarded as In no small measure the cause of the "hard times" that existed; for the National Government had become almost bankrupt, and outside of New England nearly every bank had suspended specie payments, and the circulating medium had become "script" is sued by towns, notes of "wildcat" banks, and the "paper" of private Individuals, Gordon's last letter to his wife from camp was written on the day after the President's proclama tion of peace, "I write by our friend, George Lindsay, from a fear that I shall not be able to get off before he reaches the neighborhood, being obliged to remain with General Cocke a few days whilst his brigade Is discharging. You will probably expect, in conse quence of the peace to which our country is restored, that I should be earlier at home than I can be con sistently with my duty and station. It gives me great joy to congratulate you on the return of peace to our happy country," What Gordon called "a free and unconquerable militia" was the reliance for defense In time of war of the republicans of the strict-construction school. As the French King denominated his cannon, on which he had caused the legend to be inscribed "Ultima ratio regiim," so the Jeffersonian demo cracy of the period regarded standing armies and military equipment, under the organization and con- 86 WILLIAM FITZHUGH GORDON trol of the central government, as the final resort of despotism. In the time of the Revolution the raw militia re cruited from the Northern States had not been a success, whether from natural Inaptitude to the use of arms, or from lack of military skill; and this in spite of the fact that they were "embattled farmers" who at Lexington, Massachusetts, "fired the shot heard 'round the world," It was only in the South that soldiers, like Morgan's riflemen, who could put a rifle bullet through a wild turkey's head at a dis tance of a hundred yards, or Lee's legionaries, who as the sons of planters had grown up on horseback, with guns In their hands, and were soldiers by in stinct and custom, redeemed the faults of the North ern militia. The citizen soldiery have been sneered at by Federalist writers from the foundation of the Government; but throughout the story of the coun try the militia of the South have shown themselves adequate to its defense, from Saratoga, where Mor gan's men won the battle, down through the Cow- pens, the pivotal and "most astonishing battle of the Revolution," to New Orleans, through Chapultepec and Cherubusco and Monterey to the first Manas sas in 1 86 1, and the earlier battles of the Con federacy, Virginia, from the Revolutionary period, had maintained an elaborate system of local militia — a system in which many of her most distinguished citizens took a practical and abiding interest; and under which a host of the very flower of her youth esteemed it an honor to serve as privates In the ranks. This elaborate scheme of "a well-regulated militia," as it is named In the act of Assembly, was early recognized by statute as constituting "the great de fence of a free people;" and if the "Virginia colonel" has been a perennial and lasting product of the soil of the Commonwealth, he has been always a legiti mate one, who in periods of necessity has not failed WILLIAM FITZHUGH GORDON 87 to justify his existence to his country. Presidents, Governors, Supreme Court Judges, Congressmjen', leading lawyers and professional men, have, at various periods in the history of the State, deemed it honorable to serve and hold office In the State military organization, A roll of the Virginians who, since Yorktown, through the period ending with the secession of the Commonwealth in 1861, have been members of the militia, would contain the names of a very large proportion of those whose histories have adorned the civic life of the State and of the nation. The counties of the State, under this military sys tem, were divided by law Into twenty brigades and four divisions, A brigadier-general was elected by joint ballot of the two houses of the General As sembly, for each brigade, who was required to reside within the limits of his command. There was a similar method of election of a major-general for each of the four divisions, and these general officers and their subordinate commissioned officers received commissions at the hands of the Governor, who was commander-in-chief by virtue of his office. The rank and file were organized Into companies, regiments, brigades and divisions, and were drilled at stated intervals, and received instruction In military tactics. But, doubtless, after all, the best results of the militia system of the period came from the existence of an organization, which became more or less effective when necessity arose. The drill and military instruc tion probably accomplished little more than to bring the citizen soldiers together on occasion. The value and efficiency of the Virginia militia of the first half of the nineteenth century consisted in their natural aptitude for military service, growing out of their familiarity with fire-arms, their habitude of an out door life, and that "free and unconquerable spirit" which animated the people of the Commonwealth, So It was that Gordon regarded It as no small 88 WILLIAM FITZHUGH GORDON honor, after seeing service as a private in the field in the War of 1812, to occupy at a later date the office, and to discharge the duties, of both brigadier- general and major-general, during the continuance of his public career — to which miUtary positions he was successively elected by the General Assembly of the State. CHAPTER VI IN THE GENERAL ASSEMBLY — THE UNIVERSITY OF VIRGINIA Gordon returned home at the close of the War of 1 8 12 with Great Britain, and resumed the practice of his profession, maintaining In the meanwhile an active interest In the political occurrences of the period. The Hartford Convention Illustrated the con tinued opposition of New England to the war, Massachusetts, Rhode Island and Connecticut sent delegates to this convention, which assembled at Hartford, Connecticut, on December 15, 18 14, in response to an invitation of the first named State, and continued In session until January 5, 18 15, There were also delegates In attendance from some of the communities of Vermont and New Hamp shire, The sessions were secret; but the published report of the convention illustrates the first overt act of nullification by an assemblage of States in the history of the Union, It justified secession as per missible, but not to be resorted to save as an abso lute necessity, and affirmed the doctrines of the Vir ginia and Kentucky resolutions. It adjourned to meet In June, If its demands on Congress were not com plied with, or peace declared in the meantime. The president's proclamation of February the i8th dealt it Its death-blow; and It did not reassemble. War with Algiers followed in 1815, in which De catur added to the fame which he had achieved in that of 1812. In 1816 Congress established a new national bank, with a charter to continue twenty years, the expiration of which gave rise to one of the most tremendous political struggles in the history of the country. Out of this struggle emerged the 90 WILLIAM FITZHUGH GORDON great financial measure of the Independent Treasury, with which Gordon's distinction as a statesman is most closely associated. In that year Colonel James Monroe was elected President of the United States, In 1 8 1 6 a panic lasting for two years inaugurated the first serious antagonism to the Bank of the United States; and in that year also General Andrew Jack son conducted to a successful termination the first Seminole War in Florida, In the last named year Gordon was elected, with Samuel Carr, to represent Albemarle County In the Virginia House of Delegates, Mr, Joseph C, Ca bell had been since 1 8 1 1 the State Senator from the district of which Albemarle formed a part; and, in the session of the General Assembly preceding Gor don's election, had been warmly enlisted and actively engaged In forwarding Mr, Jefferson's cherished scheme for the establishment of a State University. Cabell was an earnest advocate of education; and has been especially and deservedly distinguished as Mr, Jefferson's earliest and most prominent coad jutor in the great work of founding the University of Virginia at Charlottesville, The memorials of his relation to that noble undertaking and achieve ment are preserved in a volume published after his death, under the title, "Early History of the Univer sity of Virginia, as contained in the letters of Thomas Jefferson and Joseph C, Cabell," This volume con tains a voluminous correspondence between these two warm personal and political friends, dealing with a vast number of interesting subjects, chief among which are those of education In Virginia, and the estabUshment of the University, During the years 1817 and 18 18 the principal and absorbing theme of this correspondence is "The Central Col lege," and the University bill In the General As sembly. When Gordon entered the lower house In the lat ter year, Mr. Jefferson felt that with CabeU in the WILLIAM FITZHUGH GORDON 91 Senate embodying a wide public acquaintance, a thorough familiarity with the subject, and a large experience In legislation, and with Gordon In the House of Delegates, active, energetic, magnetic and full of enthusiasm, he had two able local representa tives of his enterprise ; and the event justified the an ticipation, though only after a long and often almost desperate struggle. Mr, CabeU resided at Union Hill, In Nelson County, at some distance from Monticello, Gordon, on the other hand, lived in the same county with the sage of Monticello, and In the same neighborhood, as the neighborhoods of that day were reckoned; and saw him constantly In his visits to Charlottesville, and to Mr, Jefferson's home. There was little need, therefore, of personal correspondence between them, during the vacations of the legislature; and during its sessions the venerable ex-President, to whom writing had become a physical burden, of which he often complained, continued his correspondence upon University matters with Mr, Cabell, as was most natural, with the assurance that his views and wishes would be communicated by him to Gordon and to the other zealous friends of the measure. Thus there was little written correspondence between the two men ; but the value of Gordon's services In effect ing the final establishment of the University, and In subsequent legislation touching Its continued ex istence, is attested by the frequency of mention made of him and his work In the Jefferson-Cabell letters, no less than by the record of his work In the House of Delegates. The distinction which he had already achieved as a lawyer won for him a position on the Committee on Courts of Justice Immediately upon his becoming a member of the House of Delegates; and he also received appointment on the important Committee of Finance, and, what he coveted still more, because of the opportunity it gave him of accomplishing ef- 92 WILLIAM FITZHUGH GORDON fectlve work for the University bill, a position on the Committee of Schools and Colleges. The naked skeleton of a University bill had passed both houses of the General Assembly in the preced ing February. This had been accomplished by the grafting upon the school bill of a provision for a University. The title of the act was, "An act ap propriating part of the Revenue of the Literary Fund, and for other purposes;" and the date of its passage was February 21, 18 18, Gordon's friend, James Barbour, when speaker of the House of Dele gates In 1 8 10, had drawn a bill, which was enacted into a law in February of that year, providing that all escheats, confiscations, fines, penalties and for feitures, and all rights In personal property found derelict, should be appropriated to the encourage ment of learning; and the Auditor of the State was required to open an account with this fund, which was designated as "The Literary Fund," It was managed by a president and directors, who by act of February 24, 18 15, were directed to elaborate a scheme of public instruction. They made a report on the 6th of December, 18 16, recommending the establishment of three grades of educational insti tutions, to wit : primary schools, academies, and a University; and the act of February 21, 18 18, was based upon this report. The last named act provided generally for the es- establlshment of "a University to be called the Uni versity of Virginia, wherein all the branches of use ful science shall be taught," and specifically for the appointment of a Board of Commissioners, who should report to the legislature, site, plan, branches of learning, number and description of professorships, and general provisions for organization and government. The bill also provided for the appropriation of the sum of fifteen thousand dollars per annum out of the revenue of the Literary Fund "for the purpose of WILLIAM FITZHUGH GORDON 93 defraying the expenses of procuring the land and erecting the buildings, and for the permanent en dowment of the said University" — a sum grossly in adequate to make even a beginning of the great work that Mr. Jefferson had so much In mind. It was a case of stat nominis umbra. Unless addi tional apppropriations could be had the warmest friends of a University recognized that the scheme was but the shadow of a name; and when the selec tion of a site came to be considered by those who hoped to obtain such increased appropriations, the troubles of the project began. The rival claims of Charlottesville, Staunton, Lexington and Williams burg were insistent; and In each case were supported by powerful local Influences, which threatened to create dissensions and difficulties that would prove to be insurmountable. The commissioners, con sisting of a number of the ablest and most prominent men In the State, met on August i, 18 18, at the Rockfish Gap Tavern, in the Blue Ridge Mountains, Mr, Jefferson, a member of the body, was elected chairman; and, after a protracted discussion, the site at Charlottesville, where the Central College was located, of which he and Mr, Cabell were both visitors, was chosen by a vote of fourteen therefor, as against five for other places. An elaborate report, setting forth in detail a scheme for the University, was prepared and forwarded to the two Houses of the General Assembly, Under date of December 12, 18 18, Gordon wrote from Richmond to his wife: "The report of Mr. Jefferson and the commis sioners was received with universal admiration; but the friends of the University fear that there will be some opposition to its being situated at the Central College, which I trust may not succeed, and I believe will not. I send your father a copy of the report with my most affectionate regards." 94 WILLIAM FITZHUGH GORDON In the House of Delegates the report of the com missioners was referred to a select committee, of which Gordon was a member. Then the fight began, Mr. Cabell wrote to Mr. Jefferson: "The prospect is favorable; but the effect of Intrigue and manage ment is beyond the reach of calculation," Cabell's health was bad, and his friends were eager to have him go to WllUamsburg, and remain there until its recovery. But with Spartan fortitude he declined to leave his post In the Senate while the University mat ter was In jeopardy, "At Bremo my fevers returned," he wrote to Mr, Jefferson on December 8, the day of the appointment of the select committee, "but since I left that place my recovery has been advancing uninterruptedly. I shall proceed to Williamsburg and stay a week or two, so soon as the subject of the University shall be put on a footing satisfactory to my mind." Gordon on the select committee was bending every energy to accomplish the adoption by it of the re port; but the opposition In the House of Delegates was, from the beginning, able, alert and resourceful. The day after Christmas, 1818, he wrote to Mrs, Gordon: "I had at one time indulged a vain hope that I could have gone home about this time; but the importance of our University bill is so great to Virginia, and particularly to Albemarle, that I feared to leave it, — especially as there is a very considerable resistance to the whole plan of education In Virginia ; and I believe an attempt will be made to destroy the Fund by appropriating It to other purposes," On the 8th of January following, with the sub ject of the University still haunting his thought, even in moments of domestic correspondence, he wrote to his wife: "I hope to return to you with a civic wreath, if I can accomplish the great Interest in which our county and country are concerned," At the third meeting of the committee the op ponents of Charlottesville as the site of the Unlver- WILLIAM FITZHUGH GORDON 95 sity lost by only one vote, and that the casting vote of the chairman, a motion to leave blank the location — a movement, which had it been successful would have easily resulted in an effective combination of a majority against that feature of the report, and a complete frustration of Mr, Jefferson's most cher ished hopes. But the majority of one for Charlottes ville was sufficient; and Immediately thereupon the report was adopted, and the site of the institution thus fixed as Its originator had planned. The opposition In the legislature, however, and especially In the House of Delegates, grew in in tensity. The Tidewater country and the western sec tion of the State were equally hostile, Cabell, in spite of his delicate condition of health, continued at his post In the Senate; and in the House Gordon used all the persuasive arts of conciliation and of per sonal appeal, which he subsequently demonstrated were among his distinguishing political characteris tics. The bill reported by the select committee was debated in committee of the whole in the House of Delegates on January 18, 18 19, and the vote was taken on a motion to amend by striking out "the Cen tral College In Albemarle," as "a convenient and proper part of the State for the University of Vir ginia," resulting In a decisive victory for the friends of the Institution by a vote of one hundred and four teen to sixty-nine. That night Gordon wrote to Mrs, Gordon: "We have been engaged for upwards of a week Incessantly In discussing the University bill, and I think there Is now no doubt that It will be located at the Central CoUege, as a vote was taken In our house on yesterday decisive, I think, of the final enactment of the bill." The battle had been fought out to a finish and won upon the field of Its fiercest conflict, in the House of Delegates; and with the successful determination of the fight in that body its passage through the Senate seemed comparatively easy. The shadow had begun 96 WILLIAM FITZHUGH GORDON to take a local habitation no less than a name; and "An act for the establishment of an University" was reported to the House from the Committee of the Whole, and passed there on January 19, 18 19, by a vote of one hundred and forty-three to twenty-eight. It then went to the Senate, where Mr. Cabell's long and able service and compelling Influence had at last disarmed substantial opposition, and passed that body on January 25, 18 19, by a vote of sixteen to seven, and was signed by Governor James B. Pres ton, thus becoming a law. For its passage In the House of Delegates, where the most determined and protracted opposition to the measure was manifested, his colleagues gave no small part of the credit to the zeal, the energy, the tact and the eloquence of Gordon, of whom Mr. Jefferson, In a similar connection at a later day, wrote to Mr, Cabell, as being "the local representative of the University, and among its most zealous friends," But the troubles of the infant Institution had not ended with its legislative establishment and location. The winter of 18 19-1820 was pregnant with signifi cance to its future existence. The question of financing the new educational enterprise was one of great moment and of even greater delicacy. The defeated opposition had not been conquered; and the friends of the University in the legislature were forced to feel their way continuously, step by step, CabeU wrote to Mr. Jefferson under date of Febru ary 24th, 1820: "The enclosed bill has this day passed into a law. The House of Delegates having first rejected the amendment of the Senate for $80,000; and then that for $40,000, and having postponed the whole bill on the 22nd, General Breckinridge, Mr. Johnson and myself had a con sultation, and agreed that the interests of the institu tion would be promoted by the bill now enclosed. Our friend, Mr. Gordon, had already moved for leave to bring in a bill, and was in the midst of an WILLIAM FITZHUGH GORDON 97 animated discussion, when Mr, Johnson and myself got to the House, We prevailed on him to withdraw his motion, to make way for the Introduction of the subject by General Breckinridge, who, we supposed, not being from the local district, would have more influence with the House. The bill went through this morning with but little opposition. We hope we have taken the course which yourself and the other visitors will approve, considering the circumstances in which we were placed. The University is popular in the Senate, and unpopular In the House of Dele gates," It had been popular In the Senate and unpopular In the House from the beginning; and it was always In the latter body that the most persistent, steady and strenuous effort in Its behalf was constantly required. Whether through Its Introduction by General Breck inridge, or through the activity and animated argu ments of Gordon, the subject took shape on the 23d day of February in the order by the House that a committee, of which both Breckinridge and Gordon were members, "do prepare and bring In a bill au thorizing the Visitors of the University of Virginia to borrow money for furnishing the buildings thereof," The bill, which was the one enclosed by CabeU to Jefferson, was "brought in," and went through, as stated by the former, "with but little opposition," The success of the measure In its apparently com paratively easy passage through the hostile House was not, however, a precursor of ever-continued smooth sailing. Difficulties and antagonisms had grown up between the friends of the State elementary schools and those of the University In the Legisla ture; and Mr, Jefferson wrote to Mr, CabeU under date of November 28, 1820, suggesting means of a reconciliation of the two antagonistic elements: 98 WILLIAM FITZHUGH GORDON "A wrist stiffened by an ancient accident, now more so by the effect of age, renders writing a slow and irksome operation with me. I cannot therefore present these views by separate letters to each of our coUeagues in the Legislature, but must pray you to communicate them to Mr. Johnson and General Breckinridge, and request them to consider them as equally meant for them. Mr. Gordon being the local representative of the University, and among Its most zealous friends, would be a more useful second to General Breckinridge in the House of Delegates by a free communication of what concerns the Uni versity, with which he (Breckinridge) has had little opportunity of becoming acquainted," When the Christmas holidays of this year ap proached, Gordon wrote to his wife from his place In the legislature, that it made him melancholy to see members going home, while he had to stay; but added that "the University subject remains to be disposed of," and that he could not leave it, Mr, Cabell's reliance upon Gordon's influence in the House appears In repeated comments In his letters to Mr, Jefferson, "In the House of Delegates," he writes under date of February 25, 1821, "Mr, Gor don has shown himself an able, valuable and efficient friend * * * j j^ppe Mr, Gordon will return. The cordiality and generosity of his nature make him the favorite of a large circle of friends," Gordon was again a candidate and again returned. On September 23, 1822, we find Mr. Cabell sug gesting to Jefferson a plan of operations for the legislative session. The smouldering fires of opposi tion were still burning; and It behooved the friends of the University to keep constant watch and ward. "Mr, Gordon and Mr, Rives left this for Albemarle on yesterday," he wrote, "and will not probably return for eight or ten days. The latter went for his family, and the former to visit Mrs. WILLIAM FITZHUGH GORDON 99 Gordon in her distress for the loss of a child, I am very sorry that they were obliged to leave town, as we want the aid of all our friends at this time. Mr. Gordon shewed me on Saturday a letter which he had just received from Mr, DInsmore, stating that the undertakers had ascertained that they would not afford to build the library for less than $70,000, At my Instance Mr. Gordon threw the letter in the fire. My object was to prevent its being made an Im proper use of, in the event of Its being seen by our enemies, I have spoken with one or two friends con fidentially on the subject, and we all agree that if the price of the undertakers should rise above $50,000, and more especially If it should reach $70,000, it would be better to abandon the project of a condi tional contract on their parts, and leave us at large," "DInsmore's $70,000," replied Mr, Jefferson on December 28, "evidence only the greediness of an undertaker"; and he went on to give estimates of sections of the work which he had obtained, and further to develop his plans about the building. "A letter of a page or two," he continued, "costs me a day of labor, I have few now to live ; should I con sign them all to pain? I ought. If I could, to write to yourself, to Mr, Johnson, Mr. Rives, Mr, Gor don, and to Mr, Loyall, too, now one of our frater nity. But what I say to one, you must all be so Indul gent as to consider meant for the whole," "I am happy to inform you," Cabell wrote back on December 30, "that Mr, Gordon and Mr, Rives arrived In town last evening, and have attended the House to-day, Mr, Gordon called on me this morn ing, when I disclosed to him what I had done In his absence, and my present views and prospects, Mr, * * * has twice announced to Mr, Cary, on being consulted by him, that he would oppose any further buUdlng; yet Mr, Gordon thinks he may be brought over," Under date of January 2, foUowing, Gordon 100 WILLIAM FITZHUGH GORDON wrote to his wife: "The report of the Visitors of the University has been with us for some time; but, owing to the absence of Governor Pleasants with his family, has not yet been presented to the legislature. We hope to do something for It." Again the antagonism of the primary schools was cropping out. "Your favor of 13th instant," wrote Cabell to Mr. Jefferson on January 23, 1823, "came safely to hand by the mail. I have shown It to Mr, Gordon and Mr, Rives * * * jj^ j-egard to the academies and primary schools, I think our most prudent course at this time, is neither to enter Into an alliance with them, nor to make war upon them * * * I have Imparted these views to Mr, Rives, and left him to pursue his own course, Mr, Gordon concurs with me," The Loan bill, authorizing the borrowing of money for the buildings of the University, went through the House of Delegates on February 3, 1823, The House journal of that date states: "An engrossed bill 'concerning the University of Vir ginia,' was read the third time; and the question being put upon the passage thereof, was determined In the affirmative. Ayes, 121; Noes, 66, Resolved: That the bill do pass and (the title being amended on Mr, Gordon's motion) that the title be 'An act concerning the University of Virginia, and for other purposes,' Ordered: That Mr, Gordon communi cate the said bill to the Senate, and request their con currence," The shadow of a name had at last grown Into the substance of a fact. The recalcitrant House having been finally brought around, the Senate, with ready acquiescence, concurred, on February 5, by a vote of nineteen to three; and on the same date Mr. CabeU wrote a jubilant letter to Mr, Jefferson, extending his congratulations, and adding in a postscript, "Mr, Gordon distinguished himself in the discussion in the House of Delegates," WILLIAM FITZHUGH GORDON loi Six days later, with ready generosity in accepting his share of responsibility for the failure In the House of Delegates of a bill to pay the debts of the University, Mr, Cabell wrote his next letter to Jeffer son, The House journal of February lo, 1823, re cites that "a motion was made by Mr. Gordon that this House do come to the following resolution : Resolved, That the Committee of Finance be in structed to inquire into the best means of providing for the payment of the debts of the University of Virginia; and make report thereof by bill or other wise. And the question being put thereupon, was de termined In the negative," Cabell wrote to Jefferson on the day following: "Yesterday Mr, Gordon moved In the House of Delegates the adoption of a resolution authorizing the Committee of Finance to inquire and report to the House the best means of paying the debts of the University, It was rejected by an overwhelming ma jority. To-day a similar resolution was moved by Mr, Loyall, and supported by Mr, Baldwin. The vote was seventy odd to ninety odd. The subject is at rest for this session. Some of the friends of the University were opposed to bringing forward the motion at this session. However, Mr. Johnson, Mr, LoyaU, Mr, Baldwin, Mr, Taylor (of Botetourt), Mr, Bowyer, Mr. Gordon, Mr. Watklns (of Gooch land) , General Tucker, &c, &c,, being of opinion that the character of the present Legislature having shown Itself to be very favorable, we should not lose the opportunity it might afford for getting the debt remitted; and the measure being right in itself, and Important to the State, I entirely concurred In the movement of the question, and wish to share with my friend Gordon in the responsibility arising out of the proceeding, I know our indulgent friends would forgive us. If we had done wrong. But the failure of the proposition does not demonstrate that we were I02 WILLIAM FITZHUGH GORDON wrong. We have broken the Ice, and prepared the public mind for a future application. Besides, if such men as I have named above, agreed with us, the movement must have been justified by appearances. We could not dive Into the hearts of members," In the session of 1823-24, Gordon was again a member of the House from Albemarle, and his col league was once more Jefferson's son-in-law, Colonel Thomas Mann Randolph, who having served as a member of the Senate in 1793-94, and as a represent ative In Congress from 1803 to 1807, had exhibited an ardent and conspicuous patriotism in the War of 1812, and In 18 19 had been elected Governor of Vir ginia while a member of the House of Delegates, Cabell was still in the Senate from the district, with his thoughts fixed on the University, and continuing his correspondence, which detailed on his part its legislative progress, with Its great originator. Money was yet the desideratum; and the Univer sity's future was dependent upon the attitude of the General Assembly towards it In the matter of finan cial assistance. In his letter of January 29, 1824, Cabell emphasized the value of that part of the organic law of the University which provided that "the University shall be at all times and in all things subject to the control of the General Assembly." "I have now the gratification to enclose to you by our friend Mr, Garrett," he wrote to Jefferson, "a copy of the University Act of the present session. It passed the Senate unanimously. Attempts were made to amend it; but we were determined to pass the bill as It came to us, because our friends In the other house warned us of the imminent danger of Its return, I was ill in bed when the proviso to which you so much object was added to the bill. It was deemed perfectly harmless by our friends, and useful as furnishing an excuse to join us. We are all con cerned to find you so much opposed to it, and still WILLIAM FITZHUGH GORDON 103 hope you wIU be reconciled. After it was proposed, it would have been difficult to resist it ; and when en grafted on the blU, an attempt to strike It from the bill would have endangered our success. We had always plumed ourselves on our democratic char acter. We had fought the coUege party with that clause in our charter which says 'the University shall be at all times and in all things subject to the control of the General Assembly.' We were seizing on all occasions to engraft a similar provision on new char ters. If on this we had shown a distrust Incom patible with former professions, our good faith would have been impeached, and we should have alienated our most powerful friend, the General Assembly of the State, The annuity cannot be with drawn but by a concurrent vote of the two houses, and I think the time will never come when such a vote will be obtained. Such is the opinion of all the four Visitors in town. We shall want further aid in future, and it would be unfortunate to lose any por tion of the favor we now possess. Col. Randolph concurs in these views. So does Mr. Gordon." Again Gordon was returned to the House for the session of 1824-25, where we find him still standing sentinel, with Mr. Cabell In the Senate, over the in terests of the University. On February 18, 1825, he wrote to Mrs. Gordon : "My anxiety to be with my family Increases as the time draws near when I am to meet them. I think we cannot sit longer than another week. Indeed, except one, we have no im portant question before us. The University appro priation you will have seen from the papers was car ried by a great vote. I had some hope that we could have gotten the debt relinquished that they owe to the Literary Fund; but that will come, of course," On March 7, 1825, Mr, Jefferson's cherished dream was realized. The University opened with sixty students, who by the following first of October had grown in numbers to one hundred and sixteen. 104 WILLIAM FITZHUGH GORDON Gordon was again returned to the House of Dele gates from Albemarle; where he remained in con tinuous service till 1829, In which year he was again elected to the House, and also to the House of Rep resentatives of the United States Congress, and to the Constitutional Convention of 1829-30, He de clined further service In the House of Delegates, and after serving in the convention throughout Its ses sions, took his seat in Congress, Mr, Cabell's long and uninterrupted service in the Senate of Virginia terminated In the same year as that of Gordon in the House of Delegates, He retired to private Ufe, con tinuing, however, his association with the University as one of its Visitors from 1819 to 1856, the date of his death, during which period he was the Rector in 1 834-1 836, and again from 1845 to 1856, The time between Gordon's entrance upon his leg islative career in the General Assembly In 18 18 and its termination in 1829 had been the crucial period with the University of Virginia, During that period his colleagues from Albemarle had been numerous. They had come and gone, rendering what assistance they could during their stay — assistance which was very often valuable; yet lacking In the steady conti nuity which characterized his eleven years of devo tion, and Cabell's even larger number, to Mr, Jeffer son's noble scheme. Early in that service Gordon had come to be one of the most influential members of the House of Delegates, His prominence Is illus trated in his long and conspicuous occupancy of the chairmanship of the Committee on Courts of Justice; and his membership of the two important committees of Finance and of Schools and Colleges gave oppor tunity of rendering his labor in behalf of the Uni versity effective. In July, 1826, Mr. Jefferson was dead; but his coadjutors in the legislature continued to cherish the welfare of his great educational Institution, now firmly established, as they cherished the memories of WILLIAM FITZHUGH GORLON 105 their personal associations with him, and their ad herence to his political principles. In his last letter to Mr, Cabell, the venerable statesman, harassed and burdened by debt, and troubled with many cares, still evinced his abiding interest in the institution. On April 21, 1826, he wrote from Monticello: "We have now one hundred and sixty-six students; and on the opening of the law-school, we expect to have our dormitories filled. Order and industry nearly complete, and sensibly improving every day," On January 8, 1827, the journal of the House of Delegates testifies to Gordon's continued association with the University as "Its local representative and one of its most zealous friends," as Mr, Jefferson had denominated him years before: "On motion of Mr, Gordon, Resolved, That the Report of the Rector and Visitors of the University of Virginia be referred to the Committee of Schools and Colleges, with leave to report by bill or otherwise"; and on January 27 the journal contains this entry: "On motion of Mr, Gordon, ordered that two hundred and fifty copies of the Governor's communi cation, together with the accompanying documents, relating to the University of Virginia, be printed for the use of members of the General Assembly," Again, in 1827, we find him seeking to induce a hostile House of Delegates to consent to pay the debts of the University. An entry in the House journal on the 23d of February of that year is: "A motion was made by Mr, Gordon that the House adopt the following resolution: Resolved, That leave be given to bring in a bill 'to pay the debts and finish the buildings of the University,' which was de feated by a vote of sixty-six ayes to one hundred and eighteen noes." When, in 1829, he retired from the General Assembly to enter upon the larger field of national io6 WILLIAM FITZHUGH GORDON politics, It was with the consciousness that he had rendered no insignificant service in aiding to fashion into a reality the splendid dream which had Inspired the declining years of Jefferson. CHAPTER VII IN THE GENERAL ASSEMBLY SOME OF ITS MEMBERS THE OFFICE OF GOVERNOR During Gordon's membership In the House of Delegates the General Assembly of Virginia was rich In men of a high order of ability, many of whom subsequently achieved great distinction for states manship or judicial acquirements. His successive colleagues in the House from Albemarle County con tained In their number several figures of conspicuous talents; and In more than one Instance they rose to lofty public eminence. Any account of the times In Virginia would be Inadequate which failed to contain some mention of those citizens who illustrated the character, the capacity and the qualifications of the legislator of the period, In the legislative halls of the Commonwealth. It was very often from the ranks of the General Assembly that the Governors of the State and Its United States Senators were chosen; and these In turn, after having filled their high offices, esteemed it no unworthy honor to return again to the Capitol In Richmond as representatives of local con stituencies. For the period of Gordon's service In the House as a delegate, Its clerk and keeper of the rolls was George Wythe Munford, who occupied the position for a long series of years, and who has left In his volume, "The Two Parsons," a notable account of many of the prominent figures of his day and gener ation in the Commonwealth, Munford himself was a man of ability and of engaging personality; and his wide acquaintance with his contemporaries of public importance entitles him to a conspicuous posi tion In any narrative of the legislative events of the time. He was elected Clerk of the House of Dele- io8 WILLIAM FITZHUGH GORDON gates In 1825, and continued in the office for twenty- seven successive years by unanimous votes. He was elected in 1829, upon its assembling In Richmond, Clerk of the Constitutional Convention of 1829-30; but resigned that office after two months, because It conflicted with his duties as Clerk of the House of Delegates. He was at a later period Secretary of the Commonwealth; and in his long public career gained perhaps a larger acquaintance than was pos sessed by any other Individual of his generation with the history and forms of state legislation, and with the condition of the accounts and claims of the State, Governor Henry A, Wise said of him in his later years that he was "intus et in cute a Virginian, im bued with their prejudices, their pride, their passions, their grace and their glory!" During his long tenure of the office of Clerk of the House many notable Virginians filled the Speaker's chair : James Barbour, Governor, Senator, Minister to England; Andrew Stevenson, Speaker of the United States House of Representatives; Robert Stanard, Judge of the Supreme Court of Appeals of Virginia ; Linn Banks, accomplished parliamentarian and able debater, and United States Congressman; Thomas Walker Gilmer, Governor and Secretary of War; William O, Goode, three times elected Speaker, member of Congress, and a member of the convention which made the Constitution of 1850; and Valentine W, Southall, who was one of the ablest lawyers of his day in the Commonwealth. Of these Speakers of the House, Barbour, Stevenson, Stanard, Banks, Gilmer and Southall, all came from Gordon's section of the State, along the eastern base of the Blue Ridge Mountains, which John Randolph had called "The Red Hills of Piedmont," and hailed as the home of greatness, Munford, in addition to his clerical services, com piled and published a revision of the Code of Vir ginia in i860, and another edition In 1873; and WILLIAM FITZHUGH GORDON 109 wrote "The Two Parsons" at a later date. He died in January, 1882, aged seventy-nine years. Another and more picturesque figure In the halls of legislation during Gordon's stay in the House was its Sergeant-at-Arms, Peter Francisco, the remark able soldier of the Revolution, of whom it was said that "he used a sword having a blade five feet in length, which he could wield as a feather, and every swordsman who came in contact with him paid the forfeit of his life. His services were so distinguished that he would have been promoted to an office had he been enabled to write. His stature was six feet and an Inch, and his weight two hundred and sixty pounds * * * Such was his personal strength that he could easily shoulder a cannon weighing eleven hun dred pounds," He had engaged in the battles of Brandywine and Monmouth in the North, and the Cowpens, Camden and Guilford Court House In the South; and was famous throughout the country for having defeated In 178 1, single-handed, nine of General Banastre Tarleton's dragoons. In sight of a troop of four hundred of their comrades, Francisco had obtained the position of sergeant-at-arms of the House through the Influence of Colonel Charles Yancey, Gordon's commander in the War of 181 2; and at the time of Munford's election to the clerk ship was a man well advanced in years. In spite of his age, however, Munford writes of him : "In those days I have seen old Peter Francisco, the giant ser geant-at-arms, so renowned In Revolutionary times for his herculean strength, grasp a stout man by the collar with his left hand, and raising him from the floor with perfect ease, walk with him out of the house for having Improperly intruded within the bar." Francisco died in 1836. For the entire period of Gordon's service In the Virginia House of Delegates the Speaker of that body was Linn Banks, of the Piedmont county of Madison, Mr, Banks had a peculiar experience, in no WILLIAM FITZHUGH GORDON that "for twenty successive years he was Speaker of the House of Delegates, an office for which he was so peculiarly qualified that he was selected to fill It In all the mutations of party," He was a warm friend of Mr, Jefferson's project of establishing a State University, Mr. Banks retired from the legislature in 1838, and was elected to Congress in that year, to complete the unexpired term of John Mercer Patton, who resigned. He was re-elected for the two suc ceeding terms. He retired to private life in 1841, having been defeated for Congress In that year ; and was found drowned in the February following In a stream which he had to cross in going from Madison Court House to his home In the country, Mr. Banks was noted for his skill as a parliamentarian, his im partiality of decision, and his urbanity of manner. Gordon's first associate in the General Assembly from Albemarle was Samuel Carr, He was the second son of that Dabney Carr who had moved In the House of Burgesses, in 1773, the resolution ap pointing the Committee of Correspondence, and who had married Mr, Jefferson's sister, Martha, Samuel Carr was therefore Mr, Jefferson's nephew; and he was a brother of the younger Dabney Carr, who is frequently mentioned in Gordon's letters to his wife during the War of 18 12, and who later became Chancellor, and Judge of the Court of Appeals, Samuel Carr lived at "Dunlora," a few miles north of Charlottesville, He was a magistrate, and a colo nel of State troops during the War of 18 12; and served one term in the House of Delegates. Eight years later he became a member of the State Senate from the district composed of Albemarle and Nelson counties, which was represented throughout Gordon's stay In the General Assembly by Joseph C, CabeU, Of his several other talented colleagues from the county during his legislative career, the second in point of time was Dr. Charles Everett, who lived at Belmont, adjacent to the Edgehlll estate of Governor WILLIAM FITZHUGH GORDON in Thomas Mann Randolph, unril 1821, and later at EverettsvIUe, in the same neighborhood. A local his torian says of Dr, Everett that "he was a man of great talent in his profession, reserved In disposition, and possessed of an Indomitable will. Rather sus picious of men In general, he was yet warm-hearted and liberal when their sincerity was proved, and con sequently was slow in making friends, but very tenacious In holding them. He was a keen observer of human nature and its various workings, and often used the knowledge thus gained to the surprise and benefit of his many patients. Save in a few instances he was a disbeliever In medicines, and held that the physician's highest aim should be to assist nature, rather than coerce her. "He graduated in medicine at the University of Pennsylvania In 1796, and with a short Interruption continued the practice of his profession until his death. The break in his medical career mentioned occurred In 18 17, when he became the private secre tary of President Monroe, and afterwards a repre sentative In the State legislature from the county of Albemarle, Soon quitting politics, he returned to his profession, and In a short time became one of the most famous physicians in the State, Besides Albe marle, his practice extended over seven adjoining counties, and at one time he was called to attend Bishop Madison In Richmond, He was also one of the consulting physicians In the last illness of Mr, Jefferson, Though they were such close neighbors, they were far from being close political friends ; and even the little friendship they had nearly vanished when Jefferson looked up, and seeing Dr. Everett one of the three, said with a touch of grim humor : 'Whenever I see three doctors, I generally look out for a turkey-buzzard,' And though Jefferson meant it as one of his jokes, the sensitive doctor took It seriously and withdrew." Dr, Everett became the private secretary of 112 WILLIAM FITZHUGH GORDON President Monroe during the latter's second term, In 1822, and not in 18 17, as above stated. He had served a term in the House of Delegates, and been a candidate for a later term, but was defeated in 1822 by Mr, Rives, Gordon wrote to Mrs, Gordon from Richmond, December 15, 1822: "Doctor Everett Is appointed Private Secretary to the Presi dent, and has yielded the protracted but hopeless con test for a seat in the legislature," The physician In politics appears to have been a not unusual figure at that time In the public eye. Dr. Everett was succeeded in the House of Delegates by Dr, Charles Cocke as one of the two Albemarle representatives, Dr, Cocke is said to have been "distinguished in the State as one of the ablest of Its political writers and debaters," He served one term in the House; and after 1830 was for a number of years State Senator from the district, Dr, Cocke's successor in the House from Albe marle was Mr, William Cabell Rives, Gordon's near neighbor, who served with him for one term, in 1822-23, Mr, Rives is described by a contemporary as " a small man, very much like his father, with a fair complexion, chestnut hair, blue eyes, and hand some features. He was a conspicuous figure in the politics of his period, and achieved distinguished position as representative in Congress, United States Senator, and Minister to France. His career amply justified the Inscription upon his tombstone at Walker's Church, near Castle Hill, that he was a statesman, a diplomatist and a historian," Upon Mr. Rives' election to Congress in 1823 he was succeeded in the House of Delegates by Jeffer son's son-in-law. Colonel Thomas Mann Randolph, of whom sorr.'i account has been given in a preceding chapter. After serving one term. Colonel Randolph retired; and was followed In the office of delegate by Rice W, Wood, a young lawyer of Albemarle, who had only been admitted to the bar three years earlier. WILLIAM FITZHUGH GORDON 113 and who for three later terms was a member of the House, dying while he was a delegate. In 1832, and as has been pathetically said of him, "on the threshold of a promising career," That he was a man of ability and distinction in his community is evidenced by his frequent election to this position from a county whose representatives stood In the very forefront of the talent of the State. In 1827 and 1828 Dr, Cocke was again In the House ; and Gordon's associate in the last year of his service as delegate from Albemarle was Hugh Nel son, of "Belvoir," then an elderly man, who had already been a member of the House of Delegates and its Speaker; and after having represented the district in Congress by successive re-elections from 181 1 to 1823, when Mr, Rives succeeded him, had been appointed in the last named year as United States Minister to Spain, It was an illustrious representation of the greatest of the counties lying among the Red Hills of Pied mont, which had carried on Its rolls, as members of the House of Burgesses of the Colony, and of the General Assembly of the Commonwealth, since Albe marle had become a county In 1744, down to the Constitutional Convention of 1829-30, the names of Peter Jefferson, father of the President; Thomas Jefferson, himself; William Cabell, and WiUiam Ca beU, Jr, ; Thomas Walker of Castle Hill, John Walker of Belvoir, Charles Lewis, Edward Carter, George Gilmer, Wilson Cary Nicholas, Joshua Fry, Walter Leake, William Waller Hening, Francis Walker, James Monroe, Tucker Coles, Hugh Nelson, William C. Rives, Thomas Mann Randolph, and others, whose civic achievements were no less honor able, and are less conspicuous only In degree. The General Assembly of Virginia during the first half of the nineteenth century was distinguished for the high order of ability, the political knowledge and 8 114 WILLIAM FITZHUGH GORDON acumen, and the lofty personal character of Its mem bers. It was the training-school of a statesmanship that not only made the Commonwealth notable In her local administration and character among her as sociate States, but that gave her an imposing and commanding influence through a long period In the larger affairs and the more expanded life of the na tion. It was the theatre on which were discussed, with an intelligence, an ability and an eloquence sel dom excelled, the great questions of constitutional interpretation and governmental administration ; and which at times caused the local legislation of the State to seem a secondary matter in comparison. The Virginia Resolutions, the Kentucky Resolutions, the Missouri Compromise, Nullification, the Bank of the United States, the Removal of the Deposits, Slavery — all these were issues which were regarded as important for the consideration of the General Assembly in their turn, and were debated and passed upon by resolution with a larger zeal and enthusiasm than characterized the discussion and enactment. In most instances, of State legislation. It was the forum where the Virginian aspirant for political dis tinction learned the best lessons of his profession; and where, no less, many who had realized high honors In the larger life of the Union esteemed It still a distinction to serve their country by serving their State. Space does not permit the introduction here of all of Gordon's contemporaries in the General Assembly who were prominent, or even of all of those who were highly distinguished. But his association with the legislation establishing and affecting the Uni versity of Virginia was such that some account of those who, with Mr. Cabell and himself, were most conspicuous in advancing and maintaining the cause of Mr. Jefferson's educational enterprise, seems not only appropriate but necessary. Of Mr, Cabell himself It needs only to be said WILLIAM FITZHUGH GORDON 115 that he was a member of the General Assembly, either as delegate or Senator, for about thirty years ; that_ he was a Visitor and the Rector of the Uni versity, which he did so much to create; that he was "a man of national reputation," and that he is said to have "declined Cabinet appointments under Mr, Monroe, if not Mr. Madison." His greatest fame, however, will continue to rest upon his connection with the establishment of the University of Virginia, as Illustrated in his correspondence with Mr. Jeffer son. Conspicuous among the friends of the University in the House was Briscoe G, Baldwin, of Augusta County. In the debate on the University bill In the House in January, 18 19, Mr, Baldwin, who had made an earnest fight for Staunton as the site for the University, now came forward "with a magnanimity only equalled by his eloquence to invoke the house to unite in support of the University," Of Baldwin's part in this debate Cabell wrote to Jefferson on Jan uary 18, 1819 : "Having left the House before the critical vote on the site, to avoid the shock of feeling which I should have been compelled to sustain, I did not hear Mr, Baldwin. But I am told the scene was truly affecting, A great part of the House was In tears; and on the rising of the House, the eastern members hovered around Mr, Baldwin * * * Such magnanimity in a defeated adversary excited universal applause." Baldwin served In the legislature from 1818 to 1820; and was a member of the Convention of 1829-30. He was again elected to the General As sembly from Augusta in 1841, and whUe a delegate was chosen to fill a place on the bench of the Court of Appeals of Virginia, A later member from Augusta, who is mentioned in the Jefferson-Cabell correspondence as Interested ii6 WILLIAM FITZHUGH GORDON on behalf of University legislation, was Chapman Johnson, who was in the House In the session of 1 822-1 823, His aspirations were legal rather than political; and he had great and deserved reputation as an able lawyer. He also was a member of the Convention of 1829-30; and was a Visitor and sub sequently the Rector of the University, Another prominent friend of the University, fre quently mentioned by Mr, Cabell in his letters to Mr. Jefferson, was General James Breckinridge of Botetourt County. General Breckinridge was for several years, at a period prior to the agitation of the University project, a member of the General As sembly, and a Federalist leader in that body. He represented the Botetourt district in Congress from 1809 to 18 17; and was a candidate of his party against James Monroe for Governor of the State. General Breckinridge was a brother of John Breck inridge, of Kentucky, who had at one time practised law In Albemarle County, and who introduced In the Legislature of that State the famous "Kentucky Res olutions of 1798," drawn by Mr. Jefferson, Nicholas and himself. General Breckinridge was a member of the first Board of Visitors of the University, which consisted of Mr, Jefferson, who was the Rector, Mr, Madison, Mr. Chapman Johnson, Gen eral Breckinridge, Mr. Robert B, Taylor, General John H. Cocke and Mr. Joseph C. Cabell, At the time of his advocacy of the University's interests General Breckinridge had returned to the General Assembly as a member of the House from Botetourt, Yet another member of the House of Delegates, conspicuous for the zeal and ability with which he supported the University measures, was Mr. George Loyall, of Norfolk. Mr. Loyall was born at Nor folk, September 11, 1789. He was wont to say of himself that he "came in with the Constitution." He was educated at WiUiam and Maiy College; and afterwards went to England, and spent two years In WILLIAM FITZHUGH GORDON 117 London. He began the practice of law in his native town about 1823, and in 1825 was elected from Nor folk to the House of Delegates. His talents were of a commanding character, and he was in 1829-30 a member of the Constitutional Convention; and In 1829 was a candidate for Congress from the Nor folk District. The certificate of election was awarded to his opponent, Mr. Thomas Newton; but Mr. Loyall contested the election. On the mo tion "that George Loyall is entitled to a seat in the 2 1st Congress of the United States, as the representa tive from the district in Virginia composed of the counties of Norfolk, Nansemond, Elizabeth City, Princess Anne and the Borough of Norfolk," he was awarded the seat by a substantial majority. This victory was followed by his re-election to the 22nd Congress, "badly defeating his opponent who had been entrenched for a long period In that position," During his service In the General Assembly, the Con vention, and these two sessions of Congress, a warm friendship sprang up between Gordon and Mr, Loyall, which was illustrated by the former's giving one of his sons, born In 1829, the name of his friend. Mr. Loyall was subsequently appointed Naval Agent at Norfolk by President Jackson, and reappointed by President Polk; and continued in the office until the period of the War between the States. He was for a number of years an Influential member of the Board of Visitors of the University. Mr. Loyall was a stalwart supporter of "the schools of Jeffer sonian and Jacksonian democracy, and a strong ad vocate of free trade," In the dissensions that arose among the Democrats over the Bank Controversy, Nullification, and other questions of the period, Gor don, as hereafter narrated, antagonized the adminis tration of Jackson; but his friendship and admira tion for Mr, Loyall continued as long as he lived, Mr, Loyall's death occurred in Norfolk in February, 1868. ii8 WILLIAM FITZHUGH GORDON Conspicuous among the younger members of the House of Delegates in the later sessions of Gordon's membership was James Murray Mason, grandson of George Mason, of Gunston, the author of the "Bill of Rights," himself destined to add lustre to a great Virginia name as United States Senator, author of the Fugitive Slave Law of 1850, and commissioner to England, with John Slidell, in 1861 from the Con federate States of America. He was a strict con structionist of the State-Rights party, and during his service in the Senate of the United States was in the thick of the fray over slavery. For the Virginians of the old school his name was Indelibly associated with the pathetic scene In the Senate In 1850, when he read to that august body, in the presence of its author, ivho sat by him with the mark of death on his face, the last speech of John C, Calhoun, whose theme was the tremendous question, "How can the Union be preserved?" Within the period of Gordon's activities in the House of Delegates the Governors of the Common wealth were James P. Preston, from December i, 18 16, to December i, 18 19; Thomas Mann Ran dolph, from December i, 18 19, to December i, 1822; James Pleasants, Jr., from December i, 1822, to December i, 1825 ; John Tyler from December i, 1825, to March, 1827; and WiUiam B, Giles from March, 1827, to March, 1830, The office of Governor, from 1776, was esteemed by the earlier Virginians as the most exalted and distinguished pubUc position in the gift of the Virginia people; and it was no uncommon thing In the later half of the eighteenth and the first half of the nineteenth century for a United States Senator to resign his seat In the Federal Senate to assume the executive duties of Governor of Virginia, The roll of those who have occupied the office from the begin ning has been and continues a highly honorable one ; but the earlier names of the Chief Magistrates of the WILLIAM FITZHUGH GORDON 119 State appear in the lapse of time to shine with an ever-Increasing lustre. Beginning with Patrick Henry, they embrace, among others less distin guished only in degree, those of Thomas Jefferson, Thomas Nelson, junior; Benjamin Harrison, Ed mund Randolph, Beverly Randolph, Henry Lee, Robert Brooke, James Monroe, John Page of "Rose- well," William H. Cabell, John Tyler, Peyton Ran dolph, James Barbour, and Wilson Cary Nicholas; the last named being the Immediate predecessor of Governor Preston. Under the Constitution of 1776, and also under that of 1829-30, the Governor was elected by the joint ballot of the two houses of the General Assembly, as In the case of United States Senators ; and this method of election continued until the Constitution of 1850, when the office became elective by the people. Governor Preston was one of that distinguished family, among whose members have been orators, statesmen and soldiers, who have Illustrated In their civic and military careers the virtues and talents of the Scotch-Irishman in America. John Preston, the grandfather of Governor James P. Preston, emi grated to Pennsylvania from Londonderry, and came thence with the tide of Scotch-Irish immigration southward, which, settling the Shenandoah Valley of Virginia, passed onward into the Mecklenburg sec tion of North Carolina, and spread Its children and descendants throughout the Southwest and the West. He served in the State Senate, and during the War of 1812 was a colonel in the United States Army, and was wounded in the battle of Chrystler's Field. In his administration the University of Virginia was established, and a Revision of the Code of Virginia was made. Of Preston's successor in the Executive office, Col onel Thomas Mann Randolph, some account has been given in the preceding pages. He was followed by Governor James Pleasants, junior, who had I20 WILLIAM FITZHUGH GORDON already had a large experience in public life. He had represented the county of Goochland In the House of Delegates, and In 1803 had been chosen clerk of that body, which office he filled for seven years. Subsequently he was elected to Congress, where he remained until 18 19. In 18 19 he was elected Senator from Virginia, and held that office at the time he was elected Governor in 1822, On December 15, 1822, Gordon wrote from Richmond to Mrs, Gordon at Edgeworth, "We have elected Mr, Pleasants of the Senate of the United States our Governor; and Colonel John Taylor of Caroline will most probably take his place," Later he served in the Constitutional Convention of 1829- 30, It has been said of him that "although twice appointed to judicial position, he declined the honors offered him, and retired to Goochland Coun ty, where on November 9, 1836, he closed a well- spent life. He died universally regretted and greatly esteemed for his many public and private virtues." One of his great characteristics as a successful politician was his ability to make and keep friends. "James Pleasants never made an enemy nor lost a friend," was the noble eulogium bestowed upon him by John Randolph of Roanoke. In a letter to his wife written soon after Gover nor Pleasants' election by the legislature to the office of Governor, Gordon gives the following graphic and pleasing pen-picture of him : "He is rather beyond the ordinary height, a Uttle Inclined to corpulency, with a form apparently mus cular, and Indicating more of strength than agiUty. His countenance Is expressive of a composed good ness of heart; and the plainness of his first manner shows you at one glance how superior is the native quakerism of his address to any affectation of dig nity which his high station in life may be supposed WILLIAM FITZHUGH GORDON 121 to require. His hair is red, his complexion san guineous, the forehead not high or full, but broader than usual, the eyebrows small and dispro portionate to the face and forehead. His eyes are full, large and blue, with an expression of softness and sense. His mouth is large, and expresses, to gether with the eyes, a natural willingness to smile. His whole appearance and manner Indicate an amiability of heart and a virtuous moderation, which, while it seems to yield to the opinions and wishes of others, excites In them a confidence that so much goodness, patience and sense can be rarely wrong; and you see at once that his influence, like oil, smoothes the asperities and roughnesses of govern ment and makes the whole machinery play cheerily together." Of the two other Governors of Gordon's legisla tive experience, Tyler and Giles, accounts are given in subsequent pages. CHAPTER VIII IN THE GENERAL ASSEMBLY — POLITICS AND POLI CIES — WILLIAM B, GILES. Although the most noteworthy and important work done by Gordon as a member of the General Assembly was that In connection with the establish ment of the University of Virginia, his life as a legislator was a diligent and Industrious one; and he left a marked Impress upon the legislation of the period. The posthumous reputation of his oratorical power, a gift with which he was unusually endowed, even in that day of oratory and forensic expression, has served to obscure the just proportions of his eminence as a lawyer. In the earlier years of his professional career he had been a diligent student of law as a science; and his knowledge of the prin ciples of the subject was substantial and accurate. From the time of his first election to the House of Delegates he was an Influential member of the Com mittee on Courts of Justice, and during much the larger part of his service Its chairman. It was no inconspicious tribute to his legal ability to have held this position in a body for the most part composed of lawyers of ability, the strongest of whom were the members of this committee. When he entered Congress his legal acquirements were at once recognized by the Speaker, Mr, An drew Stevenson, himself a Virginian, and familiar with Gordon's standing in his profession, In his ap pointment to the much coveted position of a mem ber of the Judiciary Committee of the House, In 1824, when chairman of the Committee of Courts of Justice of the House of Delegates, he performed a notable work In connection with the consolidation WILLIAM FITZHUGH GORDON 123 for the first time Into one act of the several acts fixing the fees of officers. In 1827 he reported from the same committee, with amendments, "a bill to prescribe the method of proceeding In suits or peti tions for divorce," and "a bill providing for a re vision of the laws concerning the judiciary, and judi cial proceedings," both of which measures bear the impress of his knowledge and labor; and these were followed In the same year by "a bill to punish the attempt to poison," "a bill for the further limitation of real actions," and "a bill for changing the punishment of free negroes and mulattoes In certain cases," which were also in large measure the results of his acquirements and industry. In 1828 he still continued to occupy the chairmanship of this com mittee, and reported the Important bill requiring all clerks "to index deeds In the name of both grantor and grantee," a requirement which previously had not existed In the Commonwealth. At the same ses sion he reported various bills, "concerning pleas," "concerning the statute of descents and distributions," "concerning the limitations of actions," and "con cerning motions against sheriffs." Where he was not himself the author and draftsman of these sev eral measures, which formulated much of the statute law of the period, he always supervised and directed them with such a knowledge of their scope and sig nificance as enabled him to discuss them In debate Intelligently, and generally with success. In an epoch when the journals of the legislature disclose that the enactment of innumerable laws was not the prevail ing conception of legislative duty, and when the dis cussion of great governmental principles was re garded as of no less importance than the making of statutes, Gordon appears to have been equally Indus trious, energetic and forceful In either direction. In a letter to his wife In December, 18 18, during the first session of his legislative service he gives the following account of the routine life of a delegate: 124 WILLIAM FITZHUGH GORDON "I have not read as much as I expected I should, although I have found some time to occupy in that way. I go on committee directly after breakfast, where I remain till the House meets, and there until three o'clock; after which I have to get dinner, and then It is night. So that the life of a Virginian law maker Is one of no ordinary toil. If he does his duty." Of the politics of the period he possessed a kno\v ledge, founded upon extensive reading and a culti vated familiarity with passing public events, which gave him great influence in his application of It, in discussion and debate, to the principles which were profoundly rooted In his conception of republican government. The Jeffersonian ideas of individualism, of economy and simplicity in the affairs of adminis tration, of antagonism to the centralizing tenden cies of the Hamiltonian Federalists, and of the basic right of the people to local self-government, were fixed principles with him, "Freedom of religion, freedom of the press, freedom of commerce, no sus pension of habeas corpus, and no standing army". — this formulation by Jefferson of the underlying meaning of constitutional democracy contained for Gordon the very essence of liberty. For the sage of Monticello himself he entertained a reverence and respect that were founded upon his political opinions and emphasized by an intimate and per sonal affection. The feeling was one which charac terized all the younger men of the Jeffersonian school who came within the sphere of Mr, Jefferson's per sonal influence and charm. After the war between the States was ended, and Gordon had long since passed from the field of action, this attitude to wards their great leader was aptly expressed In con versation by one of them then surviving, Mr. Hugh Blair Grigsby, In the observation, "It Is hard for those of a later generation to realize how we young Republicans loved Mr. Jefferson." WILLIAM FITZHUGH GORDON 125 It was no Insignificant quality of the man who could inspire the wrath of Federalists, like Luther Martin, to exhaust their expletives In denouncing their enemies as being "as great scoundrels as Tom Jefferson," that he was enabled to win to himself not only the intellects but the ardent affections of his political followers. Virginia, during the period of Gordon's service in the legislature, was strongly under the spell of Mr, Jefferson's dominating influence and opinion; and the General Assembly of the State took no small part in impressing that influence on the country at large by the frequent discussion of governmental principles and the official adoption of political re solves. So we find Gordon, in 1820, advocating and supporting the resolutions offered and adopted in regard to the Missouri Compromise — a state paper so striking In its enunciation of the tenets of Jeffersonian republicanism as to warrant Its repro duction here in full. It was one of the early bugle- blasts from the South which sounded the alarm of a later and tremendous tragic conflict over State- Rights and Slavery. Missouri was seeking admis sion to the Union; and the General Assembly of Virginia in these resolutions expressed to the Con gress of the United States the opinion of the people of Virginia upon the question of the terms of her admission. "i. That the Congress of the United States have no power under the Federal Constitution to dictate to the people of the Missouri territory what prin ciples shall govern them in the formation of their constitution or system of government or in the adop tion of regulations respecting their property, but are simply bound to guarantee to them (in common with the other States) a republican form of govern ment, "2, That the Congress of the United States are 126 WILLIAM FITZHUGH GORDON bound in good faith by the treaty of cession of 1805 to admit the good people of the Missouri Territory into the Union upon equal terms with the existing States. "3. That the General Assembly of Virginia will support the good people of Missouri In their just rights to admission into the Union, and will co operate with them In resisting with manly fortitude any attempt which Congress may make to Impose restraints or restrictions, as the price of their admis sion, not authorized by the great principles of the Constitution, and in violation of their rights, liberty and happiness, "4. That the Senators from this State In the Con gress of the United States be Instructed, and the rep resentatives requested, to use their best efforts in procuring the admission of the State of Missouri into the Union, upon the principles contained in the foregoing resolutions, and in resisting any attempt which shall be made in Congress to impose condi tions upon the people of Missouri not warranted by the treaty of cession and the Constitution of the United States," These resolutions, adopted by her legislature on January 11, 1820, constituted Virginia's defiance to the attempt that had been made In the preceding session of Congress to forbid slavery or Involuntary servitude in Missouri except as a punishment for crime, when the Territory had applied for admission as a State — an appearance of the slavery question so surprising and so sudden and so anxious, that Mr, Jefferson was moved to say of it, that it startled him "like a fire-bell In the night," The Missouri bill had failed, after an acrimonious and stubborn struggle, which, then begun, was renewed with un abated stubbornness and acrimony in the next ses sion of Congress. Then the deft and guiding hand of Henry Clay formulated the Missouri Compromise WILLIAM FITZHUGH GORDON 127 Act of 1820, prohibiting slavery thenceforward north of the line of 36°3o'; and "the moderates" of South and North alike supported and enacted it, John Randolph of Roanoke with picturesque vituperation denounced the Compromise Act as "a dirty bargain" and those who voted for it as "dough faces," Jefferson wrote of It afterwards that he considered it " at once as the kneU of the Union. It Is hushed indeed for the moment. But this Is a reprieve only, not a final sentence," He continued: "The coincidence of a marked principle, moral and political, with a geographical line, once conceived, I feared would never more be obliterated from the mind; that it would be recurring on every occasion, and renewing irritations, until it would kindle such mutual and mortal hatred as to render separation preferable to eternal discord," The period was one of tremendous political sig nificance In Its formulation of great questions of grave moment; and the legislature of Virginia, in which were gathered many of the finest intellects of the Commonwealth and of the country, spoke upon all of these, as occasion arose, with no uncertain sound. On February 12, 1820, Gordon voted with the majority in the House of Delegates In favor of a resolution declaring It to be "the opinion of the Gen eral Assembly of Virginia that the law of Congress establishing the Bank of the United States is not authorized by the Constitution;" thus taking position upon a question which later gave rise to great dis sension In the Republican party, growing out of the removal of the deposits, the senatorial censure of the President of the United States, the bitterly con tested "expunging resolution" of Benton, the fight over the "pet banks," and the final establishment of Gordon's great scheme of the Independent Treasury. The legislature's resolution opposing the establish ment of the bank on the ground of its unconstitu- 128 WILLIAM FITZHUGH GORDON tionality was not inconsistent with its later resolu tions, reported to the House of Representatives by Gordon, when a member of that body as hereafter narrated; for the last-named resolves were also based upon what the General Assembly of Virginia re garded as an unconstitutional usurpation of authority by the Federal Executive. In the following session of 1820-21 Gordon voted In the House of Delegates with a majority of one hundred and thirty-eight against eighteen in favor of a vigorous declaration of the doctrine of State sovereignty, and a protest against the assumption of jurisdiction by the Federal Supreme Court in the case of Cohens vs. Virginia: "Resolved, That the Supreme Court of the United States have no rightful authority, under the Constitu tion, to examine and correct the judgment for which the Commonwealth of Virginia has been 'cited and admonished to be and appear at the Supreme Court of the United States,' and that the General Assembly do hereby enter their most solemn protest against the jurisdiction of that Court over the matter." This pronunciamento declared the attitude of the Commonwealth towards what it regarded as an un warranted assumption of jurisdiction over a sovereign State by the Supreme Court of the United States, then presided over by Chief Justice Marshall. The Cohens were Indicted by the State Court at Norfolk for a violation of the State anti-lottery statute. The defendants claimed the protection of an act of Con gress relating to the District of Columbia. Judg ment went against them ; and being without right of appeal to any Virginia court, they appealed directly to the Supreme Court of the United States, In February, 1826, Gordon's name Is found among the one hundred and thirty-three ayes recorded on the journal of the House of Delegates as against WILLIAM FITZHUGH GORDON 129 twenty-three noes, in favor of a resolution declaring that "the imposition of taxes and duties by the Con gress of the United States for the purpose of pro tecting domestic manufactures is an unconstitutional exercise of power, and is highly oppressive and par tial In Its operation." In February, 1829, he supported with voice and vote a series of resolutions adopted by the House, which were as significant in the doctrine they as serted, though not in the remedy they proposed, as was the nullification ordinance of South Carolina adopted In 1832, By them it was resolved: "i. That the Constitution of the United States, being a federative compact between sovereign States in construing which no common arbiter Is known, each State has the right to construe the compact for itself, "2 * * * "3. That this General Assembly of Virginia, actuated by the desire of guarding the Constitution from all violation; anxious to preserve and per petuate the Union, and to execute with fidelity the trust reposed in It by the people as one of the high contracting parties, feels itself bound to declare, and It hereby most solemnly declares. Its deliberate con viction that the acts of Congress, usually denominated the Tariff laws, passed avowedly for the protection of domestic manufactures, are not authorized by the plain construction, true intent, and meaning of the Constitution. Also, That the said acts are partial in their operation, impolitic, and oppressive to a large portion of the people of the Union, and ought to be repealed." The vote was one hundred and twenty-six to sev enty-five in favor of the adoption of these resolves, which embodied a legislative expression of the Jeffer- I30 WILLIAM FITZHUGH GORDON sonian republicanism of Virginia on the question of a protective tariff. In December, 1825, Mr, Jeffer son had written to William B, Giles, with an under standing which penetrated to the core of the sub ject: "Under the power to regulate commerce, the gov ernment assumes Indefinitely that also over agricul ture and manufactures ; and calls It regulation to take the earnings of one of these branches of Industry, and that, too, the most depressed, and put them Into the pockets of the other, the most flourishing of all." The whole doctrine of strict constitutional con struction appeared at this period to the individuals in the State-Rights party of Virginia, no less than to Its General Assembly, to be threatened, Jeffer son was In political retirement at Monticello, op pressed with the physical infirmities of age, and anxious for some portion of the peace of mind to which he thought his services had entitled his later years. But his followers still looked to him as to an oracle. On December 10, 1825, Gordon wrote to him from Richmond as follows : "I am reluctant to intrude on your retirement, and certainly not disposed to involve you In the strife of politics. Yet a crisis In our public affairs, which seems to threaten all the principles of the Federal Constitution, emboldens me to address you. You see by Governor Pleasants' communication to the legislature that he recommends an Instruction to our Senators, on the subjects of the tariff and roads and canals; whilst the sweeping message of President Adams leaves little room to hope that we shall be able to save even a vestige of the Constitution, Our brethren of the western part of Virginia are most of them friendly to the power usurped by the Gen eral Government on the subject of internal improve ment, their interest luring them from an Impartial judgment. They have more than once evidenced WILLIAM FITZHUGH GORDON 131 In the legislature of this State their sentiment on that subject by voting for, as Senator, a gentleman known to be latitudinary In the construction of the Consti tution in that particular; whilst the General Govern ment at the same time holds out Inducements, which may fairly be called bribes to the States, and par ticularly to Virginia, on this great subject, "What then can we do, and to whom can we look but to the Fathers of the Republic to aid us by their counsel and wisdom in sustaining the principles of the Government, which they have taught us to be lieve were those only by which the safety of the States and the bonds of union could be maintained? Shall the authorities of the States 'fold their arms In inglorious Indolence,' whilst we hear proclaimed from the President of the United States sentiments subversive of every principle of a limited govern ment — indeed, reviving the antiquated doctrine of the divine right of power; spurning the opinion of 'constituents,' lest rulers should be palsied; proclaim ing that 'Liberty Is Power, and that the tenure by which power is held Is the moral purpose of the Creator to exercise it for ends of beneficence,' etc? Is this the language of an American President acting under a written Constitution of defined and specified grants of power, or of a European despot who rules by the grace of God? "But, sir, I will not fatigue you with comments on this extraordinary State paper. Should you deem It wise that the legislature of Virginia should move at this time In relation to any of the subjects in which the rights of the States and the true interpretation of the Constitution are Involved, any communica tion you think proper to make will be treated with all the delicacy, which an entire confidence In your wisdom and a profound personal respect can in spire. "No Inducement could have tempted me to tres pass on your time but where the safety and happiness 132 WILLIAM FITZHUGH GORDON of the community are concerned; and I have ap pealed with confidence to one whose life has been devoted to the service of his country and of man kind, "We have as yet taken no step relating to the University, Mr, Cabell is absent from some family misfortune, and will be so until after Christmas, The sentiments towards the University, so far as I can learn, are of the most friendly kind; and I sin cerely hope that we shall hereafter have little diffi culty in completing the institution in a way that will fulfill the expectations of its friends and of the world. If Mr, Adams' University succeeds, we may have a fearful rival. With sentiments of the most per fect and entire respect. Your obedient servant." Jefferson's reply written from Monticello on Jan uary I, 1826, just six months prior to his death, while exhibiting some of the Impatience which char acterized much of his later correspondence, evinced no diminution of his Intellectual powers, or of his fixed views upon the political questions of the period. "I cannot blame you," he wrote to Gordon, "if you have been thinking hardly of my long delay in answering your favor of loth ult,, but knowing the state of my health these thoughts will vanish from your mind. It is now three weeks since a re-ascer- bation of my painful complaint has confined me to the house and Indeed to my couch. Required to be constantly recumbent I write slowly and with difficulty. Yesterday for the first time I was able to leave the house and to resume a posture which enables me to begin to answer the letters which have been accumulating, and I take up yours first, "Weakened in body by Infirmities and In mind by age, now far gone in my eighty-third year, reading one newspaper only and forgetting Immediately what I read in that, I am unable to give counsel in cases of difficulty, and our present one Is truly a case of WILLIAM FITZHUGH GORDON 133 difficulty. It is but too evident that the branches of our foreign department of government, executive, judiciary, and legislative, are In combination to usurp the powers of the domestic branch also reserved to the States, and consolidate themselves Into a single government without limitation of powers. I will not trouble you with details of the instances, which are threadbare and unheeded. The only question is, what is to be done? Shall we give up the ship? No, by heavens, while a hand remains able to keep the deck! Shall we, with the hotheaded Georgian, stand at once to our arms? Not yet, nor until the evil, the only greater one than separation, shall be all but upon us, that of living under a government of discretion. Between these alternatives there can be no hesitation. But again, what are we to do? I am glad I did not answer earlier, for a fortnight ago might have called for a different answer. Since that the South Carolina resolutions are become known. Van Buren's motion, and Baylie's proposi tion to yield the power of roads and canals, provided It be regularly by an amendment of the Constitution, and guarded against abusive practices under It, We had better at present rest awhile on our oars, and see which way the tide will set in Congress and In the State legislatures. Perhaps it will be better for Virginia to follow than to take the lead In whatever is to be done, A majority of the people are against us on this question. The western States have especially been bribed by local considerations to aban don their antient brethren, and enlist under banners alien to them In principles and Interest, If In this state of things we can make such a compromise as Baylie proposes, we shall save, and at the same time Improve our Constitution, for I think that with suffi cient guards it will be a wholesome amendment. And not doubting but that it comes from the Presi dent himself, we may hope Its success under such auspices. If I had an opinion therefore, it would 134 WILLIAM FITZHUGH GORDON be for lying still awhile. But I have none. I have neither matter nor mind to form one. And I pray that what I have now hazarded to you as a friend may be sacredly locked up In your own breast. For abandoning, as it is time, all intermeddling to the generation now on the stage — the entire manage ment of their own affairs, I should deem it the greatest of all calamities to be inflicted at this period of life in embroilment of which I wish never to think again. "Yesterday, the last of the year, closed the sixty- first of my continued service to the public. I came into it as soon as of age, which was in 1764, begin ning with the court of my county; then their repre sentative; next, Congress; the revised Code; Gov ernor; Congress; Minister Plenipotentiary; Sec retary of State; Vice-President; President; Albe marle and Central College; and on my return from Washington, the University, and I may — [illegi ble]. "Is It not time then, dear sir, to turn me loose? Ever aff'y yours, Thomas Jefferson." "The hot-headed Georgian" to whom Mr, Jeffer son alludes in this letter was Governor George M, Troup of Georgia, who a short time before had un dertaken to remove from that State the Creek In dians, These Indians had made a treaty with the United States by which they agreed to surrender their lands; but repudiated the treaty. The State of Georgia proceeded to have the lands surveyed, with a view to causing the speedy removal of the Indians, The Federal Government called on Troup to suspend the survey until further notice; and sent United States troops to Georgia under General Gaines. Gaines and Troup were on the point of hostilities. There was great excitement throughout the State, and Troup called on the people to "stand WILLIAM FITZHUGH GORDON 135 to their arms;" but at last agreed to await the nego tiation of a new treaty, under which the Creeks were finally removed to territory beyond the Mississippi, The episode was a notable one In the political his tory of the period. In spite of Mr, Jefferson's diplomatic attitude on the subject of Mr, Baylie's proposed amendment, opposition to internal improvements by the General Government continued to be one of the cardinal political tenets of Virginia republicanism; and on February 28, 1826, Gordon voted in the affirmative on the following resolution on that subject, which was adopted by the House of Delegates : "That the Congress of the United States does not possess the power, under the Constitution, to adopt a general system of internal Improvements In the States, as a national measure;" and "that the ap propriation by the Congress of the United States to construct roads and canals in the States is a viola tion of the Constitution," 'On the 22nd of February, 1827, on Gordon's motion, the report of a committee "Upon certain points of fundamental law and certain differing claims of jurisdiction between this State and the Government of the United States," was taken up; and after discussion and debate, In which he took a conspicious part, it was adopted on the 2d day of March following, upon his motion for a recorded vote, by the significant majority of one hundred and thirty-five ayes to forty-seven noes. The report is a masterly state paper of the period, and was penned by William B, Giles, who had already represented Virginia in the Senate of the United States, and shortly after its composition entered upon his first term as Governor of the State. The preamble and resolutions embodied in this report of Mr. Giles seem to constitute so perspicuous and powerful a 136 WILLIAM FITZHUGH GORDON presentation of the democratic doctrine of State sovereignty In its ultimate significance, that they are given here in their entirety. "The General Assembly of Virginia, actuated as it always has been by the most sincere disposition for the preservation of the Union of these States, be lieving that the Union can only be preserved by keeping the General and State governments within their respective spheres of action as marked out by the Constitution of the United States; being also sincerely desirous that the General Government should be protected in the full and free exercise of all the specified powers granted to It by the Con stitution of the United States, and being at the same time deeply impressed with a sense of its own duty to preserve unimpaired all the rights of the people and government of this State conferred upon It by the Constitution of the State and of the United States, finds itself reluctantly constrained to enter its most solemn protest against the usurpations of the General Government, as described In the Report of the Committee, "Therefore, Resolved that the General Assembly in behalf of the people and government of this State, does hereby most solemnly protest against the claim or exercise of any power whatever on the part of the General Government to make internal Improve ments within the limits and jurisdiction of the sev eral States, and particularly within the limits of the State of Virginia — and also against the claim or ex ercise of any power whatever asserting or Involving a jurisdiction over any part of the territory within the limits of this State, except over the objects and in the mode specified In the Constitution of the Uni ted States, "Resolved, In like manner that this General As sembly does most solemnly protest against the claim or exercise of any power whatever on the part of WILLIAM FITZHUGH GORDON 137 the General Government to protect domestic manu factures, the protection of manufactures not being among the grants of power to the government speci fied In the Constitution of the United States; and also against the operation of the Act of Congress, passed May 2 2d, 1824, entitled 'An Act to amend the several acts imposing duties or imports,' gener ally called the Tariff law, which vary the distribu tions of the proceeds of the labor of the community in such a manner as to transfer property from one portion of the United States to another, and to take private property from the owner for the benefit of another person not rendering public service — as un constitutional, unwise, unjust, unequal and oppres sive." Of the men of his generation in Virginia there was none who possessed a more brilliant contem porary reputation for skill in debate, for eloquence and logic, and for ability as a party leader, than the author of these resolutions. It has been said of Mr, Giles that he was "considered by John Randolph to be in the House of Representatives what Charles James Fox was admitted to be in the British House of Commons — the most accomplished debater that his country had ever seen," No one came within the radius of his Influence without being impressed by him. His earliest appearance to Gordon is described in a letter written by the latter in 1822 : — "I have seen Mr. Giles, and was astonished at his power of conversation, and the rich and varied fund of political knowledge which he seemed to have on every public subject." At the time of these resolu tions Giles had already been a member of the United States House of Representatives, and had won a national distinction, and the undying hatred of the Federalists, by his attack upon Alexander Hamil ton, then Secretary of the Treasury, In which he charged him with corruption and peculation. He 138 WILLIAM FITZHUGH GORDON had co-operated with Madison in the Virginia Gen eral Assembly In procuring the passage of the fa mous resolutions of 1798; and had later been a Sen ator from Virginia from 1804 to 18 15 in the United States Senate, where he held during a large part of that period the recognized and undisputed position of leader of the Republican party. Yet, like many others of his Virginia compatriots who had not dis dained, after serving their State in high position, to continue In her service wherever called, he had returned in 1826 to the House of Delegates of her General Assembly, from which he emerged, during Its session, by the votes of his colleagues, as Gover nor of the Commonwealth, an office esteemed by him the loftiest in her gift. He was a State-Rights Jeffersonian of the strictest sect; and though the difference in their years was more than a quarter of a century, and Giles at this time belonged to the coterie of political patriarchs who still continued on the scene of events, the simi larity of their political views made a strong friend ship between himself and Gordon, which survived until Giles' death. Giles walked with a crutch, which seemed to lend grace and dignity to his movements; and a writer of the period, describing him In the Convention of 1829-30, said: "His style of delivery was perfectly conversational — no gesture, no effort; but In ease, fluency and tact surely he had not there his equal; his words were like honey pouring from an eastern rock." He died in 1830 at an advanced age. His ability as a forceful and vigorous polemical writer was scarcely less than that which he possessed as a debater. He published a speech on the embargo laws in 1808; political letters to the people of Vir ginia In 1 8 13; a series of letters signed "A Consti tuent" in the Richmond Enquirer of January, 18 18, against the plan for a general education; In April, 1824, a letter of invective against President Mon- WILLIAM FITZHUGH GORDON 139 roe and Henry Clay, for their "hobbles," the South American cause, the Greek cause. Internal Improve ments and the Tariff; and he also addressed a letter to Judge Marshall, disclaiming the expressions, but not the general sentiments. In regard to Washington, which are ascribed to him in the Chief Justice's "Life" of the first President, CHAPTER IX in the general assembly — Lafayette's visit — Jefferson's lottery In 1824 the Congress of the United States adopted by unanimous vote a resolution requesting President James Monroe to Invite the Marquis Lafayette, whose presence in the dark days of the Revolution had inspired and aided the struggling colonists, and the memory of whose achievements was still cher ished by the young republic, .to revisit the country whose independence he had done so much to secure. The invitation was accordingly extended; and La fayette, then an old man, accepted it, and sailed from Havre, July 12, 1824, in an American mer chant vessel, arriving in New York after a voyage of a month and two days. His reception in America was one continuous series of festivities, in all of which he was, of course, the central figure; and he was met everywhere with such evidences of admira tion and affection as are seldom bestov/ed upon those who have long retired from the field of their activities. He remained In the United States for fourteen months, traveling over a large part of the country, and visit ing each of the twenty-four States that then com posed the Union. Congress voted him a money grant of $200,000 for his services In the War of the Revolution, and a land-grant of 24,000 acres out of the public lands. Nowhere was his reception more In the nature of a continuous ovation than In Virginia, the scene of some of his most brilliant military triumphs and the home of his devoted personal and political friend, Thomas Jefferson. In November, 1824, he visited Jefferson at Monticello. A contemporary record, WILLIAM FITZHUGH GORDON 141 written by an eye-witness of much that occurred upon the occasion of this visit, thus describes it: "General Lafayette reached Albemarle from Richmond early In the month of November, 1824. He passed through Goochland and Fluvanna on his way, and was received In each county with the live liest demonstrations of respect and gratitude. He was escorted to the Albemarle line by the Fluvanna troop. At Boyd's Tavern, on the line, he was re ceived by the Committee of Arrangements from Al bemarle, and a large deputation of citizens from that county, Mr. William C, Rives, acting as their spokesman, addressed General Lafayette in a felici tous speech of some length, to which the General replied in a very feeling manner, "After partaking of refreshments at Boyd's Tavern, the party set out for Monticello. The landau of Mr. Jefferson was allotted to General La fayette by the Committee of Arrangements. The General ascended the landau, attended by Mr, Rives and Thomas Jefferson Randolph, the chairman of the Committee of Arrangements, Then followed 'The Guards,' and next a large body of citizens marshalled Into order by Major Clark, In this man ner they proceeded to Monticello, At two o'clock in the afternoon the approach of the procession upon the mountain was announced by the bugle, and when the echo of its note was heard, those persons who had assembled at an early hour to witness the Gen eral's arrival, formed themselves Into a line on the northern margin of the circular yard, in front of the house. The cavalry by a sudden and almost In stantaneous movement ranged themselves on the op posite side of the yard, A deep silence prevailed, while every eye turned with eagerness to the point where the General's presence was expected. The next moment the carriage drew up in front of the build ing. 142 WILLIAM FITZHUGH GORDON "As soon as the General drove up, Mr, Jefferson advanced to meet him with feeble steps; but as he approached his feelings seemed to triumph over the Infirmities of age, and as the General descended, they hastened into each other's arms. They embraced again and again; tears were shed by both, and the broken expressions of 'God bless you. General,' and 'Bless you, my dear Jefferson,' was all that Inter rupted the silence of the scene, except the audible sobs of many whose emotions could not be suppressed, "On the next day the Deputation Committee and the Guards proceeded to Monticello to escort the General to Charlottesville, General Lafayette, Mr. Jefferson and Mr, Madison in the landau proceeded to Charlottesville, where hundreds were drawn up in order, awaiting their arrival. At the steps of the Central Hotel the General alighted, and was re ceived In a handsome manner by the chairman of the Committee, Mr, Randolph, who addressed him as follows : " 'General: In the name and on behalf of the citizens of Albemarle, I tender to you our most af fectionate greeting and cordial welcome. Our fathers, whom you see around us, have taught us, their children, from our earliest youth a grateful respect and an affectionate veneration for you. They have often told us how, in the distressful hour of their affliction and despair, you came to them and cheered them by your presence and your counsels. They have often recounted to us how In the toilsome march, in the Inclement night, in the stubborn action, you were at their sides, sharing their fatigues and sufferings and mingling your blood with theirs. These things have sunk deep in our hearts. We look around us, and see that we are free, that we are happy. We recollect that it is partly by your aid that we are so, " 'We have hailed you In your native land as the friend to the Rights of Man; we have seen you the WILLIAM FITZHUGH GORDON 143 victirn of your patriotism and of your disinterested principles; we have seen with pleasure your tri umphant march through our country — a triumph such as has never been decreed to man — not to an imperial Caesar, or to an Eastern Tamerlane, The homage of ten millions of freemen to virtue and to merit, the unbought applause of a proud and free people, who have scorned alike the despotism of a mob or of a monarch — who have never bent the knee in abject adulation to sceptered power or here ditary honors — who have never bowed but in adora tion of their God — are yours. This, General, is the people, who In the exalting swell of their hearts, now greet you as their guest and benefactor.' "To which the General replied: 'Amidst the patriotic and affectionate enjoyments of this visit to my beloved and venerated friend, I find a high ad ditional gratification In the welcome I receive from the citizens of Albemarle, The recollections you are pleased to allude to are on your part very kind, sir — I may add, they are very generous, I still with re gret remember that owing to the necessity of our operating a junction which an active enemy en deavored to prevent, the town of Charlottesville was exposed to momentary Invasion, Yet that very circumstance has given fresh proof of the patriotism of the citizens of this and the neighboring counties, as to their spirited assistance we were in a great part indebted for the happy return of our military opera tions. Now, sir, I rejoice to see you In the full en joyment of peace and happiness, and of the rising prospects which are before you. Receive, gentle men, with my congratulations, my respectful and affectionate acknowledgments.' "The General was then introduced to a large crowd in the reception-room. He was evidently grateful at the glow of feeling. It was not con strained respect to renown or power; It was love. It was deep and grateful affection. It was the mem- 144 WILLIAM FITZHUGH GORDON ory of his services and sacrifices for us that swelled the hearts and glistened in the eyes of the people, ¦'The procession was formed at twelve o'clock, and marched to the University, the chief marshal with two aids and the President of the day preced ing the General, Mr, Jefferson and Mr, Madison In a landau drawn by four grays. After the landau followed the General's son and suite in a carriage drawn by two horses; then the Visitors of the Uni versity, standing committees, magistrates, cavalry, junior officers, and citizens on horseback and on foot. The procession moved slowly to the University, Each man from the accuracy of his movements seemed to have been drilled for his duty. As the University came suddenly into view, a thousand of the daughters of the mountains, ranged aloft on the terraces, waved their white kerchiefs In the air. It was beautiful; his escort, the country's chivalry; his reception, its loveliness. They crowded around the eastern stretch of the University, and came to the bottom of the lawn. The procession dismounted, and was formed on foot. The first objects that struck the view were three flags floating on the Ro tunda. On the largest In broad letters were the words : 'Welcome, our country's Guest.' There was a moral sublimity In the scene. On the very spot where now walked, arm in arm, a hero of the Revolution with two of Its sages — a spot where the youngest scion of science had been planted by the patriarchal hand of Jefferson, his last public care — were now assem bled all the beauty and chivalry of the country to bid the fathers of their country hail, "The procession moved slowly up the Lawn to the steps of the Rotunda, the General gracefully bowing to the ladles as he passed, where Mr, Wil liam F, Gordon stood ready to receive him. As the General advanced Mr, Gordon descended the steps of the portico, and thus addressed him : "'General Lafayette: The citizens of Albe- WILLIAM FITZHUGH GORDON 145 marie County again greet you as their friend and benefactor. They tender you assurances of their gratitude and veneration. They contemplate with affection the moral sublimity of the scene of your return to our country. Throughout our associated republics to you there Is no enemy. We refute the calumny that men have more respect for their de stroyers than for their benefactors, while with spon taneous gratitude millions of freemen resound to heaven the praises of liberty and Lafayette, " 'The citizens of Virginia hail with a peculiar enthusiasm your arrival at this spot. It Is their uni versity, their future temple of literature and science, erected beyond the point where the flag of the In vader has ever floated, a fruit of our glorious Revo lution, an emanation from that mind which first de clared that we were free, sovereign and independent. " 'We associate with your being here. General, the augury of its success. We look back on the troubled night of our Revolutionary War, and thence to this institution of liberty with grateful recollections of your gallant toils in that, and with bright anticipa tions of your benedictions on this, " 'Here the sons of Virginia, whilst drinking from the untroubled fountain of science, will contemplate with indescribable emotion the beauty and stability of that Corinthian pillar of reputation which you have erected. It charms the more from the solitary grandeur which it exhibits, and the waste and de struction of the social and political elements with which it has elsewhere been surrounded. For the future generations of our country we know, General, that you will unite with us in the fervent invocation that this University, erected on the hills of liberty which you have defended from the tread of the in vader, may be an everlasting fire to which her vo taries may look; that here may continue to blaze that bright constellation of principles which guided our 146 WILLIAM FITZHUGH GORDON steps through an age of revolution and reformation, to which the wisdom of our sages and the blood of our heroes, mingled with that of our Illustrious guest, have been devoted, " 'For yourself, General, we sincerely pray that a life which has been so gloriouslj directed to the ser vice and happiness of mankind, whose morning beam lighted the darkness of our fortunes, may be long protracted; that its evening ray may shine across the gloom and oppression of other nations, and illu mine their way to liberty and safety,' "To which the General replied: " 'I am happy, sir, once more to receive the kind welcome of the citizens of Albemarle, and this day to receive it under the beautiful pantheon of this ris ing University, the advantage of which not only to this part of the United States but to the cause of mankind, so eloquently expressed by you, I rejoice to acknowledge. Nor do I in anything more cor dially sympathize than In the mention you have made of the venerable friend, whom, if there were but one University in the world, the enlightened men of both hemispheres would In common elect to preside over universal information,' " 'Be pleased, sir, to accept the tribute of my respectful gratitude to you; and to you, fellow- citizens of Albemarle,' "The dinner that took place In the upper room of the Rotunda was attended by many hundreds of persons. Including several of the most Illustrious citizens of the Republic, Mr, Valentine W, Southall presided, with the General first on his right, the Mr, Jefferson and Mr. Madison; and on his left G. W. Lafayette and suite," Toasts were given, and responded to by Lafayette, Madison and Jefferson, the last named of whom, too weak to reply In person, handed to the presiding WILLIAM FITZHUGH GORDON 147 officer, Mr, Southall, some written remarks which he read to the company. In the following January General Lafayette re turned to Richmond, where it was designed to ex tend him a reception commensurate with the dignity of the occasion of his visit to the capital of the Com monwealth. The plans were carried out in all their detall,_ and were characterized by a lavishness of municipal display and a sincerity of affection that were unexcelled, and perhaps seldom equalled, by any welcome extended him elsewhere. The streets and the public and private buildings were decorated In his honor; and his way was adorned with tri umphal arches, as to a Roman conqueror. On the 23d of January, 1825, the House of Dele gates, then In annual session appointed a committee to act jointly with one of a like character from the Senate, for the purpose of taking appropriate legis lative action in connection with Lafayette's visit; and Gordon was made a member of this joint com mittee. On the 24th of January the committee, hav ing waited on General Lafayette at his tavern, at ele ven o'clock, and delivered to him a formal address of welcome on behalf of the legislature, to which he appropriately replied, returned and reported to the the General Assembly that it would be agreeable to their distinguished visitor to be introduced to the two Houses at any hour that might be convenient to them to receive him. There can be no more graphic narrative of the deep feeling of gratitude and reverence, and of the unfeigned desire to mani fest these emotions, than is Illustrated in the simple and poignant record of the proceedings of this com mittee, as detailed on the pages of the House Jour nal, The committee after reciting a preamble, say : "The Committee recommend therefore the fol lowing resolution : "Resolved, That General Lafayette will be re- 148 WILLIAM FITZHUGH GORDON ceived by the House of Delegates on this day at two o'clock." The Journal thereupon continues: "The said reso lution being twice read was, on the question put thereon, agreed to by the House, "On the motion of Mr. Gordon, the following preamble and resolution being twice read, were agreed to unanimously. " 'The General Assembly of Virginia entertaining an exalted sense of the generous devotion of General Lafayette to the freedom and happiness of mankind, and conscious that their love of liberty must ever be identified with their affection towards so distin guished a benefactor, as a testimonial of their grati tude for his gallant services and ennobUng sacrifices in the cause of American liberty. Have, therefore. Resolved: That the Executive of this State cause to be prepared and presented to General Lafayette, In the name of the Commonwealth of Virginia, and in the manner which they may deem most appro priate, copies of the Declaration of Independence, of the Declaration or Bill of Rights, and the Act for establishing Religious Freedom, together with the Farewell Address of General Washington to the People of the United States.' " In the presence of the two Houses Lafayette was addressed by the Speaker of the House of Delegates in words of welcome; and it is recorded that the distinguished visitor "made an eloquent reply," The House Journal concludes with the recitation : "The General took the seat prepared for him in the House," Other tokens of welcome and affection followed, amid scenes of festivity and rejoicing in Richmond; and when the venerable Frenchman returned to his native land It was with a vivid and grateful sense of the generosity and hospitality with which he had WILLIAM FITZHUGH GORDON 149 been everywhere received In the new Republic which a half century before he had helped to create. Mr, Jefferson's Lottery Bill was an interesting feature of the legislative session following General Lafayette's visit. The often shifting and conven tional significance of the moral code In the view of civilized mankind is Illustrated in the different regard with which the best and wisest men then viewed many things now tabooed and prohibited. Jefferson in his old age had become impoverished, and sought the relief of the General Assembly of the State in disposing of what remained of a considerable for tune to the best advantage. He had been the pos sessor of two hundred thousand dollars worth of property when he left the Presidency, but the cease less hospitality which characterized his home-keeping at Monticello, the payment of an ante-bellum British debt, and the loss of twenty thousand dollars by en dorsement for one of his friends, ruined him finan cially. He sold his library to Congress for $23,950, but this only served to defer for a while the final reckoning. The time was unfavorable for convert ing his large landed estates Into money by sale; and even if this were done, an ordinary sale would have left him without property and a debtor. He petitioned the legislature for leave to dispose of his property by lottery. By this means, he said, "I can save the house of Monticello, and a farm adjoining, to end my days In, and bury my bones. If not, I must seU house and all here, and carry my family to Bedford, where I have not even a log hut to put my head into," The author of the "Life of Jefferson" in the "American Statesmen" series, says: "When the proposition was^ broached, some oppo sition was threatened, and its success was not cer tain, Jefferson wrote, with evident humiliation: 'I perceive there are greater doubts than I appre- I50 WILLIAM FITZHUGH GORDON bended, whether the legislature will indulge my re quest to them. It is a part of my mortification to perceive that I had so far over-valued myself as to have counted on it with too much confidence. 'I see,' he sadly adds, ' in the failure of this hope a deadly blast of all my peace of mind during my remaining days,' "But," continues Mr, Morse, his biographer, "he was spared a disappointment so severe. The opposition was feeble, and the authorizing bill passed both houses by very gratifying majorities." As a matter of fact the opposition was aggressive, strong and relentless, and was based solely upon polit ical considerations. The Federalists fought the measure with the same vindictive spirit that they manifested towards everything Jeffersonian, and as though It involved some great principle of govern ment, Gordon, who was actively Interested In Its success, wrote to Mr, Jefferson on the 17th of February, 1826, from Richmond, as follows: "Friday, 17 February, 1826, "Dear Sir: "I have the pleasure to inform you that the Bill in your behalf was today ordered to be engrossed by a large majority, "It is calculated by your friends that it will pass to-morrow by a decided majority, "The objects of the application were not at first understood by many members voting against leave to bring in the bill; and I fear the Federalists were active In preventing them, "I believe that few will now vote against the bill except the Federal delegates, of whom there are too many. Their opposition is more than compensated by the zeal and devotion of your friends, among whom I am proud to subscribe myself as your affec tionate and devoted servant, William F, Gordon." WILLIAM FITZHUGH GORDON 151 On the foUowing day the biU passed the House of Delegates under the title of "An Act authorizing Thomas Jefferson to dispose of his property by lot tery," by a vote of one hundred and twenty-five to sixty-two. Immediately after its passage, proffers of assistance came from all parts of the United States ; and a little more than four months later Mr, Jefferson was dead, departing under the Illusion that his home and hearthstone would be saved to his children by the citizens of a grateful country. In the next December Gordon presented in the House of Delegates the petition of Colonel Thomas Jefferson Randolph, Jefferson's grandson and exe cutor, on behalf of several slaves who had been liberated by the latter's will, that they might be per mitted to remain In the State of Virginia, the law of the Commonwealth at that time providing that manumitted slaves should be removed beyond the borders of the State; and In January thereafter the House Journal recites that "on motion of Mr. Gor don, the committee of Schools and Colleges were discharged from consideration of the petition of sundry citizens of Albemarle relative to the Bust of Thomas Jefferson, and the said petition was or dered to be referred to the select committee ap pointed to enquire into the propriety of erecting a monument to Thomas Jefferson, that they examine the matter thereof, and report their opinion there upon to the House. Ordered that Mr. Gordon be added to the said committee." These were his last tributes In the House of Dele gates to the memory of the greatest of all Virginia statesmen, whose principles of government he cherished, with whose personal friendship and esteem he was honored, and with whom he co-operated modestly and unobtrusively, but none the less really and effectively, in establishing a great educational in stitution, the name of which, as the offspring of his genius, Jefferson provided should be Inscribed upon his tombstone. CHAPTER X IN THE CONSTITUTIONAL CONVENTION OF TWENTY- NINE-THIRTY^ — THE DISTINCTION OF ITS MEMBERSHIP In December, 1828, the movement in behalf of a Constitutional Convention in Virginia for the pur pose of changing the basis of representation began to assume definite shape. Gordon was the chairman of the House Committee on Courts of Justice, and took a leading part in the discussions In the House of Delegates over the various amendments to the Con stitution that were proposed for a partition of the State In order to assure a proper distribution of the delegates and senators upon a fair representative basis. But early in the session it was developed that the question had become so exciting a one as to be insusceptible of settlement by amendment; and in the latter part of January, 1829, we find him sup porting and voting for a bill "to organize a conven tion," The proposition was submitted to the free hold electorate of the State ; and' the convention was called by a vote of 21,896 In Its favor to 16,637 against It In the whole Commonwealth, In Albe marle the measure was hardly popular; and in a poll of 329 votes the convention was defeated by three majority, "Andrew Jackson was inaugurated in the month of March," says Tyler, in his "Letters and Times of the Tylers," "and the next month elections oc curred In Virginia for a State Convention to amend the constitution of 1776, This was, therefore, a most momentous year in the annals of Virginia. The subject of a constitution had been mooted In Vir ginia ever since the Revolution, but the conservatism of the State had steadily defeated the project for a WILLIAM FITZHUGH GORDON 153 continuous period of forty-six years. The jealousies of the west, and the discontent expressed by the dis franchised non-freeholders, forced the Legislature in 1828 at length to submit the call of a convention to the people. The fact was that the changed state of society required a change in the fundamental laws. The eastern counties, whose white population con sisted principally of freeholders, voted heavily against the proposition, pregnant as It was with In jury to their present political Influence, by threaten ing to Increase the voting power of the West, and to abrogate the equality of the counties — each county under the old constitution, being entitled to two rep resentatives Irrespective of population," It was a situation not unlike that which arose in England over the Reform Bill; and it is interesting to note that in the attitude of the western and moun tainous part of the State, where there were few slaves, and whose inhabitants were generaUy men who tolled with their own hands, was visible for the first time the line of political and social demarca tion, which resulted three decades later, amid the throes of war. In the dismemberment from the mother State of the present State of West Virginia. To the thoughtful observer of the period was visi ble in the smouldering fire of the approaching con flict a spark of local peril; for the lurid light of the slavery agitation was kindling the horizon, and the vision at home, though of a different character, was none the less ominous than that abroad. The wrong of slavery to the non-slave owning white man of the South, so powerfully appealed to In the dramatic presentation of HInton R, Helper's "Impending Crisis" in the fifties, first showed itself in the consti tutional convention movement in Virginia In 1828, The convention contained ninety-six delegates, distributed among twenty-four districts, as indicated in the legislative act of Its establishment. Each con vention district chose four delegates. When the 154 WILLIAM FITZHUGH GORDON elections were had, and the convention assembled, it appeared that the people had chosen as their rep resentatives for the reconstruction of the basic law a body of men who were the peers of those who more than fifty years before had made the first con stitution ever written on American soil, or of that later gathering of Virginians who had ratified the Federal Constitution, "Some have held it equal to the celebrated con vention which met in Virginia in the year 1788 to pass upon the Federal Constitution," wrote Mr. Ritchie in his preface to the Debates, "Much of what was venerable for years and long service ; many of those who were most respected for their wisdom and their eloquence; two of the ex-Presidents of the United States ; the Chief Justice of the United States ; several of those who had been most distinguished in Congress or the State legislature, on the bench or at the bar, were brought together for the momentous purpose of laying anew the fundamental law of the land." Ritchie's eulogium, pronounced In the summer following the convention's adjournment, has been more than justified by the judgment of posterity; and the veracious historian must hesitate to prefer to this organization of illustrious men even that first Continental Congress, of whose personnel Lord Chatham said "that for solidarity of reasoning, force of sagacity, and wisdom of conclusion under such a complication of difficult circumstances, no nation or body of men can stand in preference to the general Congress at Philadelphia," The age was peculiarly one of oratory, in which the Virginians excelled; and In this amazing body were very many who In the exercise of this particular gift might rank with that galaxy of the House of Commons which, beyond the water, gathered In 1788 in the great hall of William Rufus, at Westminster, WILLIAM FITZHUGH GORDON 155 to impeach the Governor of India at the bar of the British Peers, The very opening scene of the convention was In the highest degree impressive, James Madison, the only survivor of that earlier convention which had formed the first constitution of the State, and one of the two living members of the convention which had formed the Constitution of the United States, now an ex-President of the Union, arose and addressed the Convention, He stated the propriety of organ izing the body by the appointment of a President, and nominated his old antagonist, James Monroe, as qualified to fill the chair, Mr, Monroe, another ex-President of the United States, was unanimously elected ; and was escorted to the chair by Mr, Madi son and Chief Justice Marshall. About them were gathered John Tyler, Governor, Senator and President; Littleton Waller Tazewell, one of the greatest of the Virginians of his genera tion, who was Governor of the Commonwealth and United States Senator; Abel P. Upshur, jurist and powerful debater, and the successor of Daniel Web ster as Secretary of State; John Randolph, of Roa noke, illustrating in his extraordinary appearance and marvellous oratory the gall of genius. United States Congressman, Senator and Minister to Russia ; William Branch Giles, whom Randolph likened to Charles James Fox, In the British Commons, "the most accomplished debater his country had ever seen," leader of the Republican party on the floor of the United States Senate, bitterly hated of the Feder alists, and now the Governor of the Commonwealth ; Philip Pendleton Barbour, Speaker of the United States House of Representatives, later president of the convention, statesman and jurist, and Associate Justice of the Supreme Court of the United States; Benjamin Watklns Leigh, orator of the highest rank, whose English diction was said to be "so clear, cor rect and elegant, that it might be safely committed 156 WILLIAM FITZHUGH GORDON to print just as spoken," Doctor of Laws of WilUam and Mary College, Reporter of the State Court of Appeals, and United States Senator; James Pleas ants, Congressman, United States Senator, and Gov ernor of the Commonwealth; Chapman Johnson, eminent lawyer and leader of the bar, the successor of Jefferson and Madison as Rector of the Uni versity of Virginia; John W, Green, distinguished jurist and Justice of the Supreme Court of Appeals of Virginia; John Y. Mason, chairman of the Foreign Affairs Committee in the United States House of Representatives, United States District and Circuit Judge, Secretary of the Navy under Tyler, and Attorney-General of the United States under Polk, President of the Virginia Constitutional Convention of 1850, and United States Minister to France; Mark Alexander, for many years a notable party leader in Southside Virginia, and a representa tive in Congress from John Randolph's old district; William Leigh, Randolph's friend and executor, whom he esteemed in the category of those that he trusted along with Nathaniel Macon and John Wick ham ; William O, Goode, legislator and statesman, Speaker of the House of Delegates, Congressman, member of the Constitutional Convention of 1850, democratic exponent of the doctrine of gradual emancipation; Charles Fenton Mercer, soldier and statesman, president of the Chesapeake & Ohio Canal, Federalist Congressman during an unex ampled period of service among his contemporaries, the earnest advocative of a protective tariff, and an opponent of slavery; John S, Barbour, able debater, eloquent defender of freehold suffrage in the conven- ¦tion, four times elected Congressman, and a distin guished member of the family of which James Bar bour and Philip Pendleton Barbour were then the most illustrious representatives; Alexander Camp bell, scholar and theologian, and one of the most In tellectual and forceful leaders of men in his day; WILLIAM FITZHUGH GORDON 157 George LoyaU, zealous anti-tariff man and party leader, and prominent in Congress during Jackson's administration; and others, who If less widely know^n then or subsequently In the field of national politics and statesmanship, stood for aU that was loftiest and best In the contemporary life of the Com monwealth, and included on their bede-roU such well- remembered names as those of Briscoe G. Baldwin, Richard N, Venable, David Watson, Robert Stanard, William Henry FItzhugh, John Roane, Richard Morris, Lewis Summers, John Scott, George C, Dromgoole, Joseph Prentis, Archibald Stuart, Thomas R. Joynes and Thomas M. Bayley, With scarcely an exception those of this remarkable aggre gation of ninety-six Virginians who had not already, or did not later achieve a civic reputation, were distinguished and highly esteemed both in their own communities, and In the State at large for their virtue and wisdom as citizens and forceful men of affairs. The convention constituted a galaxy of statesman ship, of oratorical and forensic ability and display, of judicial learning and of experienced political train ing, that Is worthy of the pen of the most gifted his torian; — the detailed circumstance of which in this narrative would be, even otherwise, rendered super fluous by the noble story of the convention by one of its youngest, though not least talented members, the scholarly and accomplished Hugh Blair Grigsby, his torian of the two earlier conventions of Virginia, and Chancellor of the ancient and venerable college of William and Mary, The delegates from the district composed of the counties of Albemarle, Amherst, Nelson, Fluvanna and Goochland were William FItzhugh Gordon of Albemarle, James Pleasants of Goochland, Lucas P, Thompson of Amherst, and Thomas Massie, Jr,, of Nelson, Governor Pleasants was a man of eminent ability 158 WILLIAM FITZHUGH GORDON and of large political experience and distinction. His career has been sketched in a former chapter, Lucas P, Thompson, one of the younger men of the convention, achieved later a position second to that of none of the many great nisl-prlus judges of his generation in the State, by his administration through a long series of years of the duties of a judge of the Circuit Court; and though the fame of even the most prominent and the ablest judges of the lower courts Is apt to fade from the memories of the succeeding generations, Judge Thompson's person ality was so distinctively marked that the story of his wisdom and justice still lingers even among the laymen of the circuit over which he so long and ably presided, Thomas Massie, Jr,, the fourth member from the Albemarle district, had the local reputation for ability and high character which adorned all the members of the convention whose civic achievements were less conspicuous than those of Its leaders ; and was a member of a family that has long been influ ential and prominent In the Piedmont section of the State, The convention met in the hall of the House of Delegates in Richmond, In the northern end of the beautiful and symmetrical State Capitol, which, like so much else of value and charm In Virginia, was the product of Jefferson's genius. The building was the reproduction of the classic Cathedral at Nismes in France, which had caught his eye and delighted his cultivated taste during his residence abroad; and of which, with a persistent view to the application of Old World ideals to the conditions of his developing young republic, he had brought home with him the architectural scheme and plan. The first session of the Convention of 1829-30 occurred on the 5th day of October, 1829. Its meeting-place had been the scene of the most of Gordon's public labors, and of no few of his forensic WILLIAM FITZHUGH GORDON 159 triumphs; and with that sense of accustomedness which makes men put forth their best efforts amid familiar scenes, he felt himself ready, upon occasion, to do battle, even with the intellectual giants about him, upon the great question which the body had been convened to determine. But nearly a month of Its session elapsed before he entered the debate. In an Impressive argument in behalf of the white basis. The representatives from the western part of the State, where, as has been related, the slave population was sparse, and the aristocratic influence descending from a colonial line of river-barons did not prevail, maintained the proposition that all representation should be based on the white population. The con tention of the members from the eastern and older section of the State was that representation In the two houses of the General Assembly should be fixed with reference to the property of the people of Virginia in slaves. Randolph of Roanoke, who had bitterly opposed the calling of the convention, saw In its assembling and In the proposition of the white basis an approaching evolution of social chaos. There was no man of the earlier generation, save Mr, Jefferson, for whose patriotic and Intelligent con ception of the organization, under the F'ederal Con stitution, of our dual form of government, Gordon had a higher admiration than for Randolph's; and when he entered the convention as an advocate of the white basis, it was not without grave apprehension that he might, sooner or later, become the target of Randolph's attack. He was accustomed, however, to say In later life, with much pleasure, that Ran dolph's attitude toward him was one, not only of unvarying courtesy and kindness, but even of prof fered friendship ; and that the poisoned tongue which lashed Alexander Campbell and Chapman Johnson, and others in the excited sessions, had always gener ously spared him. i6o WILLIAM FITZHUGH GORDON Niles, in his Register, under date of October 24, 1829, said: "There are 95,593 persons charged with State tax on movable property in the State of Virginia, all of whom have been taxed, without being represented because of such taxation. The Inequality of the present mode of electing delegates to the General Assembly may be well esteemed from the table showing the taxables In each county. Many of the counties, and especially those In the Valley, or west ward, contain 500 to 2,000 taxables whUe many In the eastern part of the State, having the same power of representation, have less than 400 taxables; — one, Warwick, only 126. We have mentioned that the business of the convention was parcelled out to dif ferent committees. That on the legislative department decided on the i6th Inst, that white population was the proper basis for representation In the House of Delegates, The vote In the committee stood thus : For the resolution, Wm, Anderson, Chapman John son, Andrew Bierne, James Madison, Charles Fenton Mercer, John R, Cooke, Philip C. Pendleton, John B. George, Henley Chapman, Lewis Summers, Philip Doddridge, Wm, Campbell of Bedford, and James Pleasants, 13. ''^Against it, Benjamin Wat klns Leigh, Wm, H, Broadnax, John Tyler, John Y, Mason, John Randolph, John Roane, John W, Green, Littleton Waller Tazewell, George Townes, John TaUaferro, Thos, R, Joynes, 11, "The vote In committee, however, was 12 against 12, on the proposition to make the white population the basis also of representation in the Senate, Mr, Madison voting with the minority on the other question. It is intimated that the proposition to elect the Senate according to federal numbers (by which 5 slaves are counted as 3 white persons) will be offered by way of compromise between the parties in the convention, which already begin to show a great deal of feeling, — the west not yet disposed to WILLIAM FITZHUGH GORDON i6i concede as to the Senate, and the east resisting the proposition even as to the House of Delegates, "It is stated that 48 of the members may be counted as firm friends of representation according to white population." "A. P, Upshur," says Tyler, "was the Ajax Telamon of the principle favored by the eastern people, that property should be made one of the factors In the constitution of the two houses. His speech Is certainly one of the most singular specimens of ingenuity and reason ever put together, A mere majority rule, he said, was based on no a-priori prin ciple, but the expediency of society was the single crit erion. A system of checks and balances had been found necessary in all civilized communities, and while the equality of county representation could not be maintained, due regard should be had to the slave interest of the east." The feeling indicated by Niles, In his Register, between the representatives of the two sections, was strong from the beginning; but the fires of discord did not blaze out until some time after the convention had met, Gordon was an optimist, ever buoyant and hopeful; and dreamed that the question of the basis might be settled amicably. On the 26th of October he said In a letter to his wife : "Our convention matters have hitherto progressed with as much tem- perateness and good humor as the nature of our dis cussions would admit; and I hope we shall have no disagreeable excitement," But the excitement came. Randolph of Roanoke discussed "ghosts" with Chap man Johnson ; and spoke of the seat filled by another advocate of the white basis who on the day before had been sworn In as the successor of a member who had died, as "a seat now vacant." The situation grew tenser, as the debate on the basis continued. The populace and the newspapers vied with each other in assuming partisan attitudes, Niles, in his 1 62 WILLIAM FITZHUGH GORDON Register of October 31, advocating the white basis with the sneering and characteristic contempt of an incipient abolitionist, said that if it should be adopted "the old families, as they were called, — persons much partaking of the character of the old nobility of France, imbecile and incorrigible, will pass away; — and a healthful and happy, bold and inteUIgent middle class rise up, to sweeten and Invigorate society, by rendering labor honorable; and 'Rich mond' will not any longer be all Virginia, as a dis tinguished gentleman used to proclaim that it was in matters of politics or policy. The moral effects of these things over the slave population of Virginia, and In the adjacent States, are hardly to be calculated. The presence of numerous slaves is incompatible with that of a numerous free population; and it Is shown that the labor of the latter in all the Important opera tions of agriculture or the arts, except the cultivation of cotton, sugar, tobacco and rice (as at present car ried on) is the cheapest and the best. And In truth, It would not be straining the facts too far to express an opinion, that the greatest question before the Vir ginia Convention is the perpetual duration of negro slavery, or the increase of a generous and free white population." Like Banquo's ghost, the slavery spectre was be ginning to haunt the premises of the minds of men, and would not down. Its appearance in the debates of the convention, by the very terms of the situation, was inevitable; but the members put away from themselves, with general accord, the vision of "the greatest question," suggested by the outsider, Niles. Gordon, himself a large slave-holder, and an aris tocrat by descent as by family ties and social associa tions, was nevertheless profoundly antagonistic to that view of republican government which consid ered property as one of Its corner-stones. He pre sented with great force and steady persistence the white basis as the true and phIlc>sophic solution of the WILLIAM FITZHUGH GORDON 163 vexed question, until he discovered that the differ ences of the two parties had become embittered and their antagonisms relentless; and that unless they were reconciled the convention would be disrupted In a cataclysm of final disagreement. He thereupon set himself to work, with an Industry and an absence of personal prejudice which were essential to the ac complishment of his purpose, to the task of devising a practical compromise scheme which should so evenly adjust and balance the representative power of the two factions as to Induce its ultimate accept ance by both. The task was a most difficult one. The situation, in all its grave significance, had already attracted the attention of the whole country; and the partisans of the two factions came from other States to listen to the great debates, and to applaud the one side or the other, where the convention was almost exactly divided, and a vote or two might mean victory or defeat, "If it be settled on the basis of white population only," wrote a South Carolinian correspondent, from Richmond, to one of the Charleston papers, under date of November 21, "Virginia will proclaim to the Union tnat slavery ought to be expelled as one of the elements of the basis of representation; that accord ing to the principles of her constitution It ought to be expelled as an element in the basis of representation In the Federal Government, Are not the Southern States Interested In this proclamation? Does it not deeply affect them ? "The great matters In agitation here," continued this writer, "make me forget the talent and elo quence displayed on the arena. They are extraordi nary. From all parts of this State, and from many of the other States, people are daily flocking here in vast multitudes. Men and women crowd the hall and gallery of the convention, as at some vast show or theatre. All feel a deep interest In the matters of 1 64 WILLIAM FITZHUGH GORDON debate; and the discussions are not only in the con vention, but in the boarding-houses, taverns, shops, public streets and market-places, "Northern doctrines are working here more than is seen or acknowledged. Vehement and eloquent harangues are daily delivered in the convention. Temper has heretofore maintained her uncertain em pire, but many symptoms portend stormy debates. What will be the Issue no one can tell, I fear the worst, and hardly permit myself to hope for the best. I cannot tire you with portraits of splendid and great individuals, I merely drop you a hint of some views of a general nature as they have struck me, and as they affect our beloved South Carolina," The two factions were so equally matched in num bers, that for a long time it seemed difficult, if not impossible, to get a majority for any scheme of set tlement. Neither was disposed to yield to the other on any point; and the good temper which Gordon had chronicled in the earUer days of the convention was beginning to disappear as the question of "the basis" continued to be discussed. Five propositions for a compromise between those supporting the white basis, and those who maintained the representation of the slave-interests, were brought forward. They were formulated and offered respectively by Mr. John R, Cooke of Frederick County, Mr, Abel P, Upshur of Northampton County, Chief Justice Mar shall, Mr. Benjamin Watklns Leigh, and William FItzhugh Gordon. Each of these plans of compro mise was organized on the theory of the provision In the United States Constitution with reference to slave-representation, namely a three-fifths representa tion for the slave population; but this theory of the application of the Federal numbers occurred only in respect to the House of Delegates, The representa tion In the State Senate was left In each instance to be determined on the basis of the white population. The distribution of representatives in House and WILLIAM FITZHUGH GORDON 165 Senate among the several sections of the State was the crucial point about which discussion raged and difficulty presented Itself, The white population of one section feared the influence and power of the slave-owners of the other section ; who, on their side, demanded for property that consideration and place in government which It has always finally succeeded in obtaining for itself. The student of skilled dialec tics and forensic debate can find nowhere a more brilliant illustration of the power of the human mind to conceive, and the capacity of language to present the reasoning of intellect with intellect than in the great debates over these several schemes upon the floor of the convention. The respective authors of the compromise plans were all men of unusual individuality, and large public experience. John Rogers Cooke, of a family that on Its literary side has since been very promi nent, was born In Bermuda In 1788, He had prac tised law with distinction and success for many years, and had been counsel In a number of important cases In the higher courts of the Commonwealth, He had served as a soldier and officer in the military com mand that marched from the lower Shenandoah Val ley In 1807, when the Chesapeake was fired on; and he had legislative experience as a delegate In the Gen eral Assembly of Virginia. He brought to the dis charge of his duties In the convention a vigorous and penetrating intellect, a wide and critical knowledge of men, and a deportment of lofty and generous courtesy that exalted his dignity and delighted his acquaintances, A lasting popular reputation, how ever. Is seldom the heritage left by the ablest lawyer or legislator, unless accompanied by other achieve ment; and that of John Rogers Cooke, as worthy as It was to survive, has been largely forgotten by the public In comparison with the fame which was won for his son, Philip Pendleton Cooke, by his poems, or for his other son, John Esten Cooke, by his stories 1 66 WILLIAM FITZHUGH GORDON and romances of Virginia; and "Florence Vane" and "Surry of Eagle's Nest" will be remembered long after all others than the student and the historian shall have ceased to read the great debates in the Virginia Convention of 1829-30. Of Abel P, Upshur it may be truthfully affirmed that Tyler's characterization of him as the Ajax Telamon of his side of the debate was well deserved. He was endowed with a powerful mind, a large measure of restless energy, a gift of speech which was conspicuous even in that assembly, and a legal training and experience that had brought him a judge ship of the General Court three years prior to the as sembling of the Convention — a position to which he returned with the convention's close. He was an ardent advocate of the slave-basis, and belonged to the extreme pro-slavery and State-Rights school of politics. The reputation which he made In the con vention was but the precursor of that which came to him later, when in 1843, upon the resignation of Mr, Webster as Secretary of State, Upshur was called by President Tyler to fill that office. He perished In the vigor of intellectual power and splendid manhood by the accident on the ill-fated Princeton. Howe, In his "Virginia Historical Collections," says: "Judge Marshall, whenever he spoke, which was seldom and for only a short time, attracted great attention. His appearance was Revolutionary and patriarchal. Tall, in a long surtout of blue, with a face of genius and an eye of fire, his mind possessed the rare faculty of condensation; he distilled his argument down to Its essence," Marshall sympathized and acted with the up holders of the property or slave-basis; but always in the judicial spirit. It was in recognition and depreca tion of the inharmonious drift of debate, and to allay the ever-rising tide of passion, that he offered his compromise measure. He was at this time seventy- WILLIAM FITZHUGH GORDON 167 five years old; and his participation in the sessions of the convention constituted his last pubUc political service. One of the five compromises offered was that by Benjamin Watklns Leigh. Leigh was a lawyer of great ability and a statesman of the first rank. While a member of the General Assembly of Vir ginia he had offered in that body a series of resolu tions asserting the right of the legislature to Instruct the Senators of Virginia in the United States Senate, He was one of the commissioners who had prepared the Revised Code of the State; and he had been Its Supreme Court reporter. He became, after his ser vice in the convention, the successor of Mr, Rives in the Senate; and resigned after two years, because he could not in conscience obey the Instructions given him by the Virginia legislature, whose right to In struct he recognized. Governor Henry A, Wise says of Mr, Leigh, In his "Seven Decades of the Union," in describing his speech on Benton's expunging reso lution In the United States Senate : ¦v ¦ "As a constitutional and civil lawyer, as a his torian, as a logician, as a patriot jealous of power and sensitive to any encroachment upon limitations guarding the rights of legislation and the freedom of resolutions and laws, as well as of debate, and as a scholar and rhetorician no man compared with Mr, Leigh in the argument on the topic of the expunctlon. He was a purist in his Anglo-Saxon, and his speech was In its style equal to that of the Elizabethan age of English literature, not surpassed by the 'well of English' of Dean Swift." Gordon has left a vivid pen-picture of him In a letter from Richmond written in 1823 : "I heard Mr, Benjamin W, Leigh before the senate yesterday on the subject of his mission to Ken- 1 68 WILLIAM FITZHUGH GORDON tucky. He is one of the most impressive and sensible public speakers I have heard, although he has not fulfilled my expectation as an eloquent one. His voice is very clear and distinct, but incapable of a swelling note, if I may so say. His manner is natural and ardent; his enunciation perfectly distinct, with out the intonation of a pathetic speaker; and yet he seems to feel sensibly himself everything he utters. His person is a very fine one for a man below the ordi nary size. Indeed the symmetry of his form indi cates the agility and strength of his intellectual facul ties, whilst his face Is a fine subject for Lavater's most favorable speculations. The head Is large and well shaped, the forehead high and full, though not prominent, running almost to the top of his head; his hair raven black, and curls in loose ringlets. The eye, not indeed like that of Shakespeare's poet, 'In a fine frenzy rolling,' but black, rather small, keen, penetrating, emitting a sprightly and intellectual ray, as it glances with rapidity at everything about him. The nose, cheeks, mouth and chin all unite to form a fine and handsome face. His manner in public in dicates the confidence and composure of conscious ability, without either arrogance or vanity," With the five plans of settlement on a compromise basis before It, the debates in the convention con tinued to rage with unabated vigor, and undimin ished feeling, "This convention question," wrote Gordon to his wife on December i8, 1829, "has taken such a turn from the commencement of our deliberations, — so much bad temper has been exhibited, — that I have felt unhappy since its beginning. My mind has been absorbed. It seemed at one time that the safety of the State was jeoparded by the bad temper of a few individuals, I think now we shall make a constitu tion. The proposition which I offered long since, and which I then knew was the only one that could combine a majority of the convention, passed yester- WILLIAM FITZHUGH GORDON 169 day evening by a small majority, but I think will ulti mately get the vote of the whole convention. After we shall be worried with several other propositions, I think now ten days will close our labors." On Saturday, December 19, 1829, tha record of the Debates states: "The final question was now, at length, put on agreeing to Mr, Gordon's compro mise, and decided in the affirmative by ayes and noes as follows"; and the names of those voting are given, showing a majority of fourteen, "The question as to the basis of representation," says Niles's Register of the week following, "seems finally settled by the passage of the following reso lutions, being Mr. Gordon's substitute for Mr. Upshur's amendment: 'Resolved, that the represen tation In the Senate and House of Delegates of Vir ginia, shall be apportioned as follows: There shall be 13 senators west of the Blue Ridge Mountains, and 19 east of those mountains. There shall be In the House of Delegates, 127 members, of whom 29 shall be elected from the district west of the Alle gheny Mountains, 24 from the Valley between the Allegheny and Blue Ridge, 40 from the Blue Ridge to the head of tidewater, and 34 thence below,' "Previous to the passage of Mr. Gordon's resolu tions," continues Niles, 'Mr. Doddridge's amend ment, offering to fix the white basis for the House of Delegates, and the federal numbers for the Senate, was lost by a tie, 48 to 48, Mr. Madison voting aye, and Mr, Marshall no. Several of those who had been calculated on as generally supporting the white basis, assigned their reasons for supporting Mr, Gordon's resolutions. Among these were Mr. Hen derson from Loudoun and Mr. Cooke from Frederick." A later paragraph vindicates the anticipation ex pressed by Gordon in his letter above. "Mr. Upshur's resolutions," says the Register, "were set aside to make room for Mr, Gordon's by the unani mous vote of the Convention, except Mr, Madison," CHAPTER XI IN THE CONSTITUTIONAL CONVENTION OF TWENTY- NINE-THIRTY^ — ^ADVOCACY OF THE WHITE BASIS RANDOLPH OF ROANOKE, Gordon's attitude towards the question of the basis was Illustrative of the temperament of the real statesman. Although his county of Albemarle had voted against the convention by a majority of three, he had been pronounced in the canvass for election In his advocacy of the white basis. He had supported his views In the body itself with persistence and courage in debate; and it was only when he per ceived the growing danger of its disruption as the differences of opinion grew wider, that he gave his energies and abilities to discovering a solution of the vexed question that should be at once equitable and acceptable. His first speech in the debate, which had been par ticipated In at length by Mr, Cooke, Mr, Green, Judge Upshur, Mr, B, W, Leigh, Mr, Scott, of Fauquier, Mr, Brooke, Mr. Doddridge, Mr. Philip Pendleton Barbour, and others, was made after the convention had been in session nearly a month. It was a stalwart presentation of the claims of those who advocated the white basis, and of opposition to the view of those who supported the cause of a gov ernment founded upon wealth. "An attempt Is now made," he said, "in the modi fication of this constitution to infuse Into it a new principle, unheard of till now, (so far, at least, as my knowledge extends), in any free government; a principle which is at war with every notion we, as Americans, have been taught to hold sacred, and which goes to make the elective power quadrate with wealth. The design is, In effect, either to make WILLIAM FITZHUGH GORDON 171 slaves constituents to the legislature, or to make the tax paid on them an ingredient in legislative power. To both these propositions I have strong objections. Sir, the plan will be utterly unavailing to the object Its advocates seek to accomplish by it. If the conse quences, which are to flow from granting us an equality of rights, are really such as they apprehend, this scheme will never operate to prevent the evil * * * Property, sir, in any just scheme of representation, Is not to be regarded but as claiming the protection of the society. It is in aristocracy that the argument is urged which insists on giving it a political power as possessed by Individuals, When you admit that, you make a House of Lords; you give the rich man a power which he could not claim in the government without the influence of his wealth. But gentlemen propose to give this Influence to prop erty, not as property in the hands of individuals, but as lying In certain sections and subdivisions of the State. And does this better the matter? Not in principle, for the principle remains the same; not in practice, for there its only effect can be, and Is, to produce heart-burnings and jealousies of section against section, which Is even worse than of man against man. Because one portion of the State has fewer slaves than the residue, will you make your basis of representation rest upon that sort of prop erty, of all others the most objectionable? What must be the effect of such a policy? It must, it will produce discontent everjrwhere, save only among the slave-holders themselves, "Sir, I thought it unwise, and I feel that it is most unpleasant, to bring this subject Into the discussion, I tried to prevent it last winter in the legislature ; but It is forced upon us, and we must meet it; the gentle men will not let us avoid It, "I ask what good would it do to Virginia, were we to admit representation on the basis of the whole slave population?" 172 WILLIAM FITZHUGH GORDON In this speech, which, as reported In full, presents an array of facts, figures and deductive arguments, covering eight of the closely printed and fine-typed pages of Ritchie's edition of the "Debates," he ranks with the strongest of those who espoused the cause of the white basis in the discussion. It was small wonder, therefore that some of those, whose parti sanship exceeded their patriotism, fiercely resented his abandonment of the white basis, when he per ceived the impossibility of its success; or that this resentment should have burned brightest in the breeze of his successful achievement of the compro mise. Upon a motion made by Mr, Cooke, to pro vide for a reapportionment of representation every ten years after the adoption of Gordon's scheme of "the mixed basis," one of these stalwarts flamed Into anger at the latter's support of the motion. He rose, he said, "to congratulate the gentlemen from Albe marle on his happy disposition, which enabled him with such perfect ease to change his sentiments to suit every new posture of affairs. When that gentle man had first appeared in the convention, nothing would suit him but a basis of free white population; the gentleman would not so much as Usten to any thing but the white basis. Now he was most anx iously engaged In guarding the slave-holding portion of the State, The gentleman's one and only object seemed to be to guard his own proposition; and he turned for or against any measure proposed, just as it threatened to affect that proposition. He had risen," he continued, "expressly with a view to congratulate the gentleman, which he did most heartily, on this happy disposition." The member making this thrust was not one of the more prominent men of the body, as may be Imagined from the character of the taunt Itself. But coming from any source, such a gibe was naturally irritating to a man of Gordon's sensitiveness and lofty ideals of honor and of character. He was a WILLIAM FITZHUGH GORDON 173 large slave-owner, himself; and most of those, with whom he came in closest personal and social contact, were slave-owners, and believers In slavery as an insti tution upon which society, by circumstance, had come in Virginia to be cornered and established. Yet he had not hesitated to espouse the cause of the white basis as affording. In his belief, the truest foundation for legislative representation In the Commonwealth, Thoroughly Imbued with this sentiment, he had nevertheless, without hesitation, pitched it overboard in the passionate storm of protracted and violent de bate, as unavailable; and conceived that in so doing he was performing his highest duty to society and to the State, His reply to the assault upon him was as dignified and good-tempered, as it was conclusive. He said "that he utterly denied and repudiated the unfounded imputation of the gentleman from Taze well. He had changed none of the opinions that he had brought with him to that convention In relation to the proper and just basis of representation. He had contended from the first, and he had never re tracted the position, that white population was the true basis. He still held that sentiment. He wished it had been in his power to congratulate the gentle man from Tazewell on his disposition for concilia tion and compromise. For his own part, he did not profess or desire an incapacity to receive light from argument, especially argument so able as was much that had been heard in that assembly. He never had considered wisdom to consist in a dogged obstinacy, that persevered against every consideration of policy and all the force of reason. The gentleman's charge gave him little concern ; his 'withers were unwring' ; nor should he have felt the gibe at all, save in the unkind spirit which it betrayed." "The wise and conciliatory terms for compromis ing the formidable disputes which had grown out of the basis question," says one of Chief Justice Mar shall's biographers, in commenting upon the work of 174 WILLIAM FITZHUGH GORDON the convention, "led to a better temper in the con vention, and powerfully conduced to the acceptance of the form of settlement which was finally adopted, and Incorporated into the new constitution." Other questions than that of the basis of repre sentation engaged the final days of the assemblage, among them being those of the extension of the right of suffrage, the eligibility of government officials by popular vote, the reform of the judiciary system of the State and the anti-duelling statute; and the re ports of the debates show that Gordon took an inter ested and more or less prominent part in the dis cussion of all these important matters. The debate, and final attitude of the body upon the question of duelling is interesting, as tending to show that In spite of the support which "the code" then received at the hands of society, some of the wisest and most conservative minds among the Vir ginians of the period were opposed to it. The de bate arose upon the motion to legitimize the already existing act of the General Assembly, passed In 1810, which provided for the disfranchisement and dis qualification to hold office, of any citizen of the Com monwealth participating in a duel, by conferring the express power upon the legislature to enact such a law under constitutional ordinance. The proposition excited the wrath of John Randolph of Roanoke, ap parently to as great an extent as had that of the white basis, "Mr, Randolph," wrote a newspaper corre spondent in the earlier days of the convention, "is here as well as elsewhere, an object of great curiosity. His health Is better than it has been or some time past ; and amongst his friends he indulges, as hereto fore. In a great deal of pleasantry and sarcasm. He declares his determination to take no part In the pro ceedings of the convention, and takes his seat every day at the back of the president's chair, entirely out of the range of the speakers; unable, however, to WILLIAM FITZHUGH GORDON 175 contain himself entirely, he Is every now and then heard In a shrill undertone, either prompting and encouraging his friends, or criticizing his opponents. He Is annoyed by the numberless visitors of both sexes that crowd the lobby, the gallery and the vacant seats of the hall; and no little merriment was excited the other day, when his voice was heard amid the crowd at the door, exclaiming: 'Mr. Sergeant, I'll thank you to put me into the convention!' He Is very violent on the subject now before the house, and avows that if the white basis prevails, the State must be severed, and the Southside have a government of its own. And what he says, sometimes in jest and sometimes In Irritation, others, I am sorry to say, too often utter in a much less venial spirit," A curious instance of this "prompting and en couraging his friends" by Mr. Randolph appears In the report of the debates on the basis. During a speech of Mr, Morris, of Hanover, against the white basis, he said: "Suppose, to quiet our discontents. Great Britain had offered to allow us to be repre sented, to how many delegates should we have been entitled? Let me see : There were the two Adamses and Hancock and Franklin and Lee and Henry and the Rutledges. Why, sir, upon the principle con tended for by gentlemen, we could not have been authorized to have more than twenty or twenty-five of them; thirty perhaps," At this point the official reporter interposes in parentheses the unexpected and startling comment: "Here a shrill and very peculiar voice was heard to say: 'Less than the county of Wilts!'" It was John Randolph from his seat behind the president's chair. He did not, however, long confine himself to this attitude towards the con vention, but was soon actively participating in the debates. In the discussion of the antl-ducUing reso lution, Mr, Randolph said that he verily believed the anti-duelling act to be in utter subversion of every fundamental principle of free gfovernment; and fol- 176 WILLIAM FITZHUGH GORDON lowed up his proposition with an ingenious argument that a recognition of the right of the legislature to disfranchise for one description of offense, carried with it the implication of a similar power to interpose in the same manner on any other behalf ; and he ap plied the practical use of the power to the anti- slavery agitation then arising, that had lent no small fuel to the smouldering fire of feeling in the debate on the basis, "Mr, President," he said, "It has been my misfor tune to have lived in an age of fanaticism and cant. And I would go to the uttermost ends of the earth to find a refuge. If there be one, from this spirit of fanaticism and the spirit of cant. Sir, why not at once embody the entire decalogue? Aye, and the whole Bible — old and new Testaments — and a sys tem of philosophy Into the bargain, — and gulp down the whole at one oath? The power is the same. The principle is the same. Sir, do you not believe, — nay, do you not know, — that there are persons In this assembly who believe In their consciences that to hold a human being In bondage is a crime of the blackest dye, not a whit Inferior to murder itself? This spirit of fanaticism is spreading, and It is one of the strongest feelings that exists among men when once It gets the upper hand. Suppose It should choose to prescribe an oath that a man never had held and never would hold a human being In bond age, and this on pain of disqualification from all offices under the Commonwealth? Is not that an offence as much in the teeth of the Bill of Rights, and of the great and sweeping principles It lays down as to all men being by nature equally free? Then, conceive to yourself a Wilberforce, or a Master Stephen, setting forth before the House of Bur gesses the horrors of this oppressive, this unjust, this nefarious, this bloody, this cruel, this anti-Christian practice of holding men and women in bondage. Sir, no matter to what point it blows, this tornado of WILLIAM FITZHUGH GORDON 177 fanaticism sweeps all before It, Mr, President, was there ever a constitution on earth that gave the legislature power to punish particular offenses In a particular manner? Is It not an anomaly? Was such a thing ever heard of in any nation, civilized or uncivilized? In Christendom or Heathenesse? Leave this whole matter where it Is, Sir, I am not so much surprised at seeing some men taking this course. But when I see men for whose character I feel the most profound respect, lending themselves to a particular purpose, at the expense of the great fundamental principles of free government, what am I to think? Sir, the convention have no right to put any such clause Into the constitution. As was very truly observed, they have the power to do It; but they have not the right nor the shadow of right. The traitor, who has plotted the reintroductlon of the Tarquins into the Capitol, — he is not pronounced unpardonable; you do not offer to him an oath that he has never plotted to overturn your government; he is not to be put to the torture by an oath; but your oath is in the very spirit of the Spanish Inquisition,- — • it puts the man of virtue only to the torture, and passes over the ruffian and assassin. It offers a prem ium for cowardice — a premium for falsehood — a premium for servility — a premium for slander — a premium for all that Is base and abject in human character, "Sir, I have no hesitation In saying with the gen tlemen from Chesterfield (Mr, Benjamin Watklns Leigh), that place a man's honor in one scale, and all the offices in the gift of King or Kaiser In the other, and a man of honor would spurn them all in comparison with his violated feelings and his vio lated reputation. Never was there such a test at tempted under the sun — never, at least, in any gov ernment that arrogated to itself the character of a free republic. This is the entering wedge. Admit 178 WILLIAM FITZHUGH GORDON the principle, and you may go on allowing one party to proscribe the other, until at length both the great parties In your State will find themselves out of the pale of the constitution. Sir, I have nothing more to say. If the people are disposed to submit to ty rannical laws Imposed on them by their own legis lature, let them do it," Randolph had been the Republican leader In Con gress, and chairman of the Ways and Means Com mittee, three decades before. He had been elected to the United States Senate to fill a vacancy; and he was famous as an orator throughout the Eng lish-speaking world. At the time of the convention, whose calling he had opposed, he was Infirm of body, and frail in health. But the fires of his genius burned unabated; and his speeches in the debates glowed and scintillated with the sarcasm and satire and Invective which charmed his friends and paraly zed his enemies, Mr. Grigsby, In his "Discourse on Littleton Waller Tazewell," speaks of Randolph as "that wonderful man whose train was always tracked by fire;" and tells with keen zest of how Tazewell, who greatly admired Randolph's style of speaking, which was In such strong contrast to his own, would "listen to his speeches with the relish of a schoolboy, rubbing his hands and laughing heartily as the orator went along," Randolph's hostility to the convention and its work did not cease even with Its adjournment. He went back to his district, and made a speech giving an account of his stewardship, advising the people to vote against the constitution as amended. He said that it was a trick of the convention to submit Its ratification or rejection to the vote of the people, "Who called the convention?" he asked, "The freeholders ! Who had the right to say whether the work was done according to their wishes but those who ordered it? No one! The non- free holders, according to all the rules of legitimate in- WILLIAM FITZHUGH GORDON 179 duction, had no more right to vote on that question than the people of Haytl," In the progress of the debate on the anti-duelling oath Gordon observed that "during the time he had been In the legislature, he had never heard the ques tion started as to the constitutionality of the statute, but only as to that part of It which applied to mem bers of the assembly, and which went to add an other qualification to membership beyond those which the Constitution laid down," Philip Doddridge, one of the acutest and ablest Intellects In the body, took Issue with the statement. He said that "he had heard some of the ablest ar guments he ever had heard In the Assembly in sup port of the idea which the gentleman from Albe marle said he had never heard broached there. He had been present on two different occasions when an application had been made for pardon, and he had resisted both applications with a firm determina tion, if possible, to cause the statute to re-act on public opinion. He had voted with a heavy heart. He had heard the argument the gentleman from Albemarle said he had never heard, and that from able lips in the case referred to by the gentleman from Chesterfield, He should consider it a bless ing to have all doubts of a constitutional kind re moved from the act, and to see the law and public opinion moving harmoniously together," Gordon reiterated his statement that he had never heard the opinion advanced in the legislature that the anti-duelling act was unconstitutional In its ap plication to officers of the Commonwealth other than members of the General Assembly; and was sus tained in his proposition by Mr. Morris of Han over and by Mr. Benjamin Watklns Leigh, who had been his colleagues in the House of Delegates. Mr. Stuart of Patrick, the mover of the resolu tion in regard to the anti-duelling act, expressed his opinion that duelling was a pernicious and barbar- i8o WILLIAM FITZHUGH GORDON ous practice, and ought to be suppressed, Mr, Wil son of Monongalia characterized it as an odious practice that ought to be put down, Mr, McCoy thought that the law of the land would never remedy the evil unless public opinion went with the law. Mr, Campbell of Brooke, denounced it as one of the most barbarous crimes of the age; and so the debate raged, with contrariety and diversity of opin ion. But Randolph's characteristic speech failed of its purpose; and the resolution was adopted by a vote of 71 to 22, Gordon voting with the majority. The statute, thus constitutionally legitimized, con tinues to exist to the present day; but the fact that It was not then founded upon public opinion pre vailed to cause legislature after legislature to make It a practical nullity through relieving of the dis abilities imposed by It successive duellists, until pub lic opinion itself changed, and the law became finally as effective as unnecessary, because of the sentiment against "the code," Its history affords a striking Illustration of the truth of Randolph's assertion that morality is not brought about by legis lation, and that men cannot be made good by statutes. The question of the judiciary engaged the ablest talents of the body in its discussion ; and it was dur ing this debate that Marshall declared: "I have al ways thought, from my earliest youth until now, that the greatest scourge an angry heaven ever in flicted upon an ungrateful and sinning people was an ignorant, a corrupt, or a dependent judiciary," Mr. Grigsby, In his "Discourse on Tazewell," speaks of the pre-eminence of Mr, Tazewell in that debate, even in comparison with the ablest lawyers of the body, "But the occasion," he says, "which impressed me most deeply with a sense of his abilities, was a discussion on the tenure of the judicial office, in which Chief Justice Marshall, Philip P, Barbour, Stanard, Scott, Giles, and others, took part. Each speaker was conscious of the powers of his opponent; pos- WILLIAM FITZHUGH GORDON i8i terlty, In the presence of the skilful reporter, as well as the existing generation represented by some of the ablest men, were the spectators of the combat; and a visible air of solemnity pervaded the manner of each. The question was precisely that which sprung from the repeal of the judiciary act of 1800 by the Congress of 1802, and is the nicest of all our party questions. It was a magnificent display of parlimentary tact and intellectual vigor ; and I do not think that an hour of my life ever glided so Insen sibly away as whUe I listened to that debate. Blows fell fast and heavy, I saw Judge Barbour, who though president of the convention, as the house was in committee, engaged in the debate, fairly reel in his seat from one of Judge Marshall's massy blows, which he returned presently with right good will ; but Tazewell, If I may use a figure which presented the pith of the argument of one side, and which was frequently used by both, — Tazewell fairly 'sunk the boat' under the Chief Justice, The views of Taze well prevailed; and in such a contest, where all were kingly, and in which the combatants were magis pares quam similes — rather equals than alike — if the victor's wreath could with propriety be awarded to a single individual, I do not think I err in saying that it would have been assigned by a majority of the hearers to Tazewell, As an Illustration of the effect of his manner and argument on the minds of able men who were opposed to him In State politics, which then raged fiercely, a gentleman from the West, who held for several years a seat in the House of Delegates and In the Council, speaking of the debate to me on the day It occurred, said: 'Why, Tazewell trod down those great men as If they had been children,' " The convention adjourned on the 15th day of Jan uary, 1830; and the constitution, which was sub mitted for adoption or rejection to a vote of the people, was ratified and adopted by a conclusive ma jority. CHAPTER XII ELECTED TO CONGRESS PERSONNEL OF THE VIR GINIA MEMBERS — THE WHIG PARTY THE JEFFERSON BIRTHDAY DINNER Prior to his election to the Constitutional Con vention of Virginia, which assembled In Richmond In the autumn of 1829, Gordon, while still a member of the House of Delegates, had been elected to the 2 1st Congress of the United States from the dis trict composed of the counties of Albemarle, Am herst, Nelson, Fluvanna and Goochland, Among his colleagues from Virginia were the Speaker, Andrew Stevenson, William S. Archer, John S, Barbour, Philip Pendleton Barbour, and Philip Doddridge, The Senators from Virginia were worthy of their great predecessors and of the best of those who came after them. They were John Tyler and Littleton Waller Tazewell, Andrew Jackson had just been elected President of the United States by a vote of 178 to 83 in the electoral col lege; and Calhoun, his later relentless political enemy, was Vice-President, and presiding over the deliberations of the Senate. "Andrew Stevenson of Virginia," writes Benton in his "Thirty Years' View," "was re-elected speaker of the House, receiving 152 votes out of 191; and he classing politically with General Jackson, this large vote in his favor, and the small one against him (and that scattered and thrown away on sev eral different names not candidates), announced a pervading sentiment among the people in harmony with the Presidential election, and showing that poli tical principles, and not military glare, had produced the General's election." Stevenson was one of the Pledmontese, He was WILLIAM FITZHUGH GORDON 183 born In Culpeper County, and, though at this time a resident of Richmond, and a representative from the metropolitan district of the State, he came later to claim Albemarle as his home, by virtue of his ownership of the fine estate of "Blenheim" In that county, whither he retired at the close of his poli tical career, and where he died In 1857. He was dis tinguished as a lawyer, and had served several terms in the Virginia House of Delegates, of which body he had been Speaker. From 1823 to 1834 he was a member of Congress, resigning in the last-named year, after having presided as Speaker over the de liberations of the House of Representatives from 1824 to the year of his resignation. In 1836 he was appointed Minister to Great Britain, which post he filled until 1841. Upon his return to Virginia he became Rector of the University of Virginia, and is said to have "devoted the rest of his life to the duties of that office, and to agricultural pursuits," Of Gordon's other colleagues from Virginia dur ing his first session In Congress, the most prominent, if not the ablest, was Philip Pendleton Barbour, of the neighboring county of Orange, the represen tative of Madison's old district, who had been the leader of the war party In the Virginia legislature of 18 12, and Speaker of the United States House of Representatives In 1821. Barbour had resigned from the House in 1825 to become a judge of the General Court of Virginia; and was again returned to Congress in 1827, resigning again In 1830 on account of ill-health. Two years later, Gordon, who admired him for his fine ability, his lofty character and his qualities of statesmanship, attended the great gathering of the Democracy at Baltimore, In Its first National Convention, held on the 21st of May, which adopted the celebrated two-thirds rule, drawn by Mr, Saunders of North Carolina : "Resolved: That each State be entitled, In the 1 84 WILLIAM FITZHUGH GORDON nomination to be made of a candidate for the Vice- Presidency, to a number of votes equal to the num ber that they will be entitled to in the electoral col lege, under the new apportionment in voting for President and Vice-President, and that two-thirds of the whole number of votes in the convention shall be necessary to constitute a choice," Jackson had already been renominated for the Presidency by his friends in the New York legisla ture; and nothing remained for the Baltimore Con vention to do except to ratify his nomination and name a candidate for Vice-President, Gordon was eager for the nomination of Judge Barbour — an ob ject which he attempted, but In which he failed, "When I arrived In Washington," he wrote to Mrs. Gordon, under date of 27th May following, "I found everything in motion preparatory to the Balti more Convention, whither I went at the request of many of my constituents and exerted myself to pro cure a nomination of Judge Barbour, in which I think I might have succeeded had his friends from Vir ginia composed the delegation from Virginia," Van- Buren received 203 of the 283 votes represented, and Judge Barbour 49. Later President Jackson appointed Barbour Judge of the United States Cir cuit Court; and in 1836 he became an Associate Justice of the Supreme Court of the United States, in which high office he continued until his death in 1841, Judge Barbour's cousin, John S. Barbour, of Cul peper, another colleague of Gordon's, has been dealt with In an earlier chapter. WiUiam S, Archer was another of Gordon's as sociates from Virginia in the 21st Congress. He oc cupied a leading place in the politics of the period. His father had been a soldier of the Revolution on the staff of "Mad Anthony" Wayne, and had dis tinguished himself at the capture of Stony Point, WILLIAM FITZHUGH GORDON 185 The son was a member of the General Assembly for a period continuing, with the exception of one year, from 1812 to 1819; and a member of Congress from 1820 to 1835, In this latter service Mr. Ar cher was especially prominent in connection with the debates over the Missouri Compromise Bill; and in 1 841 he became a member of the United States Senate from Virginia, and was chairman of its Com mittee on Foreign Relations, Yet another Virginian representative of talents In this Congress was Philip Doddridge, whose post humous fame has not been commensurate with his ability, and whose advocacy of the white-basis In the Constitutional Convention of 1829-30 illustrated an intellectual force, a gift of debate, and a brilliancy of statesmanship that were not inferior to those of the best minds in that assemblage of Illustrious men, Doddridge was said to be scarcely less celebrated, in his day. In the western part of the State for his eloquence and splendid talents than was Patrick Henry in his generation in the eastern por tions of the Commonwealth. He was a native of Wellsburg, In Brooke County and died at Wash ington in 1832, while a member of Congress, In the morning of his growing Influence and fame. The biography of John Tyler, then one of the Senators from Virginia, and later President of the United States, has been written in a monumental work by his youngest son, Dr, Lyon Gardiner Tyler, the present distinguished president of the ancient and venerable College of William and Mary, He had represented Charles City County in the House of Delegates from 1811 to 181 6, when he was elected, and again twice re-elected, to the United States House of Representatives. Once more. In 1826, he was a member of the House of Delegates in the General Assembly of Virginia, and in 1825 he was elected Governor of the Commonwealth. On the 1 8th of January, 1827, he was chosen by the 1 86 WILLIAM FITZHUGH GORDON legislature a Senator of the United States to succeed John Randolph of Roanoke, and resigned the Gov ernorship to accept that office. During this term of his senatorship he was a member of the great State Constitutional Convention; and In 1833 he was re elected to the Senate. In 1839 he was nominated on the Whig ticket for Vice-President with General William Henry Harrison; and was elected. Presi dent Harrison died a month after his Inauguration; and Vice-President Tyler became President, During his administration Texas was annexed to the Union, He presided in 1861 over the deliberations of the Peace Conference, called by the Virginia Legislature at his suggestion, which met at Washington; and he died In the service of his State and country on the 17th January, 1862, at Richmond, Virginia, while a member of the first Confederate States Congress, Of his great ability, his far-sighted and disinterested statesmanship, his incorruptible personal and polit ical integrity, and his unselfish patriotism there was no more genuine admirer than Gordon, who though differing with him politically In the later period of his public career, continued to his death to cherish the personal friendship which had grown up and continued between them from the time of their early service together as members of the Vir ginia House of Delegates, The other Senator from Virginia was Mr, Taze well, "It is a coincidence in the lives of Mr. Taze well and his father," says Mr. Grigsby in his "Dis course," "that the father was elected to the Senate of the United States to fill a vacancy caused by the resignation of John Taylor of Carolina; and that the son, after an interval of thirty years from the election of the father, was chosen to fill the vacancy in the Senate made by the resignation of the same individual; and that father and son were twice elected President of the Senate," William Wirt has left a graphic portraiture of WILLIAM FITZHUGH GORDON 187 Tazewell In his youth in "The Old Bachelor"; and Francis Walker Gilmer, himself one of the most gifted and brilliant young men of his period, has drawn him with masterly touch as he was before he entered the United States Senate. Mr, Grigsby's "Discourse" presents him at length, and in the ma jesty of his intellect and person. It was said of him on the occasion of his death, by his fellow townsman, Mr. George Loyall of Norfolk, that "Virginia had conferred upon him her highest official trusts. Her generous confidence he requited with a deep and fer vent devotion, laying upon the altar of her stern and simple political faith the offerings of matured wis dom, and upholding in all seasons, with a lofty patriotism and the utmost energies of his powerful intellect, her right and honor. Standing upon the great principles that lie at the foundation of our insti tutions, the powers of the Federal Government, as limited and defined by the compact and the rights of the States in all their integrity he regarded as vital to the preservation of the Confederacy and the sta bility of our republican system. Whether in repell ing open assaults upon the Constitution, or meeting at the threshold covert abuses of delegated power, no man within our border saw more clearly, or more directly and firmly trod the path of duty before him. Personal asperities engendered by political strife, and which too often follow In the train of collisions of opinion and partisan warfare, were alien to his nature." He had been elected to the legislature soon after coming to the bar ; and he was one of Its members in the memorable session of 1798 that saw the introduc tion of Mr. Madison's famous resolutions. He went to Congress from the Williamsburg district In the next year, succeeding Judge Marshall In that body. He declined a re-election, and removed from Williamsburg to Norfolk, where he practised his profession until 1825, when he was elected United 1 88 WILLIAM FITZHUGH GORDON States Senator. He resigned his seat in the Senate In 1833, and was soon after elected Governor, which office he also resigned before the end of his term. It has been said of him that "It was the subject of deep regret that one possessing such colossal powers should have been so unwilling to exert them"; and he has been compared in his career to Chief Justice WUmiot of England, as one of the great men of history who sought an obscurity that he could not win. The roster of the Federal Senate of this session bore, among others hardly less prominent, the Illus trious names of Daniel Webster, John M. Clayton, James Iredell, Robert Y, Hayne, Hugh L, White, Edward Livingston, William R, King and Thomas H, Benton, In the House of Representatives were Edward Everett of Massachusetts, Churchill C, Cambreleng of New York, James Buchanan of Penn sylvania, Daniel L, Barringer of North Carolina, Robert W. Barnwell and Warren R. Davis of South Carolina, Richard Henry Wilde of Georgia, Richard M. Johnson of Kentucky, John Bell, David Crockett, Cave Johnson and James K. Polk of Tennessee, James Shields of Ohio and Edward D, White and Clement C. Clay of Louisiana, The talent was largely with the South; and the politics of the "Vir ginia School" were dominant. Congress met December 7, 1829; and Jackson began with his first message the self-willed and im perious policy that served at an early date to alienate many of his former followers, and to disrupt what had been the republican-democratic party of Jeffer son, Many who started out in that session as the President's devoted friends and followers, later be came his stoutest enemies. Domestic matters detained Gordon at home, after the adjournment of the Constitutional Convention; and he did not arrive in Washington until the latter part of January, 1830, His general allegiance to Jackson remained unshaken through this session, and WILLIAM FITZHUGH GORDON 189 the following one; and we find him writing in De cember, 1830, to Mrs, Gordon of the political com pany he was keeping: "I wrote you that I was at Mrs. Peyton's, but did not tell you the mess. We have Mr. Tazewell, Mr. White, the Senator from Tennessee, the Senator from North Carolina, Mr, EUis from Mississippi, and many others, — all Jack son men," The President advocated In his message the direct election of President and Vice-President by the peo ple; he advised an inquiry by Congress Into the constitutionality and propriety of renewing the char ter of the Bank of the United States, which was to expire In 1836; and he favored the distribution of the surplus revenue among the States, The strict constructionists, among whom the Virginia Demo crats were conspicious, were not long in parting com pany with Jackson, upon one or another of his poli cies, Gordon, calling on him at the White House during the second session of the 21st Congress, took occasion to remind him that he had always been his political and personal friend, though he had found himself forced to oppose In Congress some of the measures which the President had advocated, be cause in his opinion they were wrong. The Presi dent's reply was eminently characteristic, "I do not care a damn," he said, "for a friend who stands by me only when he thinks I am right. The kind of friends I want are those who will stand by me when they think I am wrong!" Jackson made no allusion in his first message to the tariff; and this was already a matter of burning Import to the South, The Crawford Democrats be lieved that Jackson could not be relied on to main tain their hostility to protection, the Iniquities of which had been the subject of condemnatory resolu tions, not only In the General Assembly of Virginia during Gordon's membership In the House of Dele gates, but also in the legislatures of Georgia and I90 WILLIAM FITZHUGH GORDON South Carolina, which had denounced the tariff of 1828 as unjust, oppressive and unconstitutional. This action on the part of South Carolina developed later into the assertion by that State of the doctrine of Nullification;- — a doctrine which Gordon, while consistently opposed to a protective tariff, never adopted as a part of his political creed; though the little band of Nullifiers in Congress, with Mr, Cal houn at their head, included some of his closest per sonal friends. His attitude to the question was that of such resistance to unconstitutional and oppressive legislation as Virginia had made to the Alien and Sedition laws, — a resistance, which Benton says in his "Thirty Years' View," "was an appeal to the reason, judgment and feelings of the other States, and which had its effect in the speedy repeal of those laws," The loose-constructionists in the Democratic party were in favor of protection and of internal Improve ments, both of which doctrines the "Virginia School" of Democracy rejected as heretical. The National Re publicans, successors of the Federalists, beheld their ranks enlarged by the accessions of loose-construction Democrats; the anti-masonic party sprang up with a mushroom growth in several of the Northern States ; the influence of the Bank of the United States allied itself to the inchoate mass of opposition to Jackson, The tremendous personality of the man himself, — his courage, his resourcefulness, his self-reliance, — and the Inability of the elements antagonistic to him to unite closely and compactly upon principles of op position left the victory at last, after a long and bit ter struggle, In Jackson's hands. The union of his opponents, such as it was, found its cohesive force, during the stormy period of his two administrations, solely In this antagonism which each constituent element felt towards him; and the Whig party, thus originated, continued for several years, and until there was a final crystallization of WILLIAM FITZHUGH GORDON 191 political opinions and policies into party action, to contain many men of widely divergent minds upon the political questions of the day, who marched under Its banner of opposition to Jackson, without subscribing to any of the Whig tenets of Webster and of Clay. It was only a seeming harmony that existed be tween the Northern and Southern sections of the so- called Whig party of the period ; for many southern Whigs were as staunch believers in State-Rights as were the Southern Democrats; and slavery had its friends among Southern members of the party, as it had its opponents among those who called them selves Whigs In the North. r