Controversial Books | Page 128

106 America’s First Constitutions and Declarations of Rights power of appointment and removal. Even the local militia were under the control of the assemblies. Similar incidents occurred in Pennsylvania, Massachusetts, and the Carolinas. Between 1699 and 1766, the Virginia offices of treasurer and speaker of the House of Burgesses were always held by the same person, thereby giving the legislature not only control over fiscal policy but custody of the funds as well. In nearly all of the provinces money granted for special purposes, such as the payment of troops, was often lodged in the hands of commissioners named in an appropriation act. ‘‘He who pays the piper,’’ according to an old English proverb, ‘‘can call the tune.’’ The importance of local control of revenue and expenditures can hardly be overestimated. Governors were virtually helpless in many instances to support the royal prerogative or the wishes of the King’s ministers in the face of colonial assemblies that could specify the expenditures of every cent and withhold funds from any governmental function they pleased. This situation contributed substantially to the growth of colonial independence and the gradual decline of British power in America. In 1763, Patrick Henry defended the dominion of Virginia in an action at law called the Parson’s Cause. The case arose when clergymen of the Church of England—which was Virginia’s established church—brought suit against the commonwealth because Virginia’s Assembly in 1758 had passed a statute that temporarily reduced the salaries paid to clergymen. In England, the Privy Council had declared the law to be unconstitutional; a parson therefore had to file suit to obtain the funds he had been denied. Although the jury in the Parson’s Cause trial gave a verdict for the plaintiff, it awarded him only one penny in damages. The verdict was actually a victory, then, for the Assembly that had reduced the parsons’ salaries. Patrick Henry, whose eloquence had won over the jury, argued in the case that the British Crown, as represented by the Privy Council in England, had no power to set aside an act of the Virginia Assembly. This argument was clearly close to declaring that Virginia was politically independent of Britain. Twelve years later, of course, Henry ended his famous speech to the Virginia Assembly with the cry, ‘‘Give me liberty, or give me death!’’ It was by such audacious men that colonial assemblies were persuaded by 1775 to cast off the authority of Crown and Parliament.