Capitol Historical Report, Block 8 Building 11Narrative of the Capitol at Williamsburg, 1699-1933

Department of Research
1933

Colonial Williamsburg Foundation Library Research Report Series -227
Colonial Williamsburg Foundation Library

Williamsburg, Virginia

1990

NARRATIVE OF THE CAPITOL AT WILLIAMSBURG
1699 -1933

Department of Research and Record
Colonial Williamsburg, Inc.

1933

NARRATIVE OF THE CAPITOL AT WILLIAMSBURG — 1699-1933 —
December 7, 1933

I. THE FOUNDING OF WILLIAMSBURG

In 1633 the pioneer days of the site of Williamsburg, began. It was only a decade after the hideous Indian Massacre which practically destroyed the Virginia Colony in 1622, that these brave settlers ventured to "win the forest" from their savage and treacherous foes. In spite of the fact that "the gleam of the Indian tomahawk, the flash of the Indian scalping knife, and the red flames of the Indian torch were ever casting a shadow across the hearts of some section of the people of the Colony," the early planters ventured into the clearings and settled themselves and families in fortified dwellings.

In February, 1633, an act was passed for the seating of Middle Plantation, and every fortieth man was ordered to the newly-built house of Doctor John Pott at Middle Plantation to aid in securing the land between Archer's Hope Creek on the James and Queen's Creek on the York. To protect his new settlement and the rest of the colony as well a strong palisade was erected and soon by 1676 the new settlement became "the very heart and center of the country."

Jamestown, six miles away, was an inconveniently situated island capital; the water was brackish, the mosquitoes many; and the colonists were plagued with "seasoning" sicknesses, malarial and typhoid fevers; and the removal of the 2 capital to a more auspicious location, like Middle Plantation, was urged more than once. It was not effected for some years and in the interim came Bacon's Rebellion, in which Middle Plantation figured prominently.

There Bacon met, at the house of Otho Thorpe, with a convention of the leading men of the colony, (among them four members of His Majesty's Council). There resolutions were drawn up, filled with the fires of freedom, which were to kindle again and blaze successfully a century later in this same setting. Bacon's followers pledged resistance to the tyrant governor, Sir William Berkeley, and even dared to hold themselves ready to oppose forces from England, Bacon stating "Five hundred Virginians might beat two thousand Red Coats."

Leaving Middle Plantation the Rebel army gathered numbers, supplies and ammunition and the next month attacked Jamestown. Berkeley and his followers took to their vessels in the River and abandoned the city. The rebels set fire to the State House, the Church, and to most of the dwellings and the capital of the Virginia Colony was again in ashes.

Bacon and his followers lived a century too soon, their revolt against tyranny has gone down in history as a suppressed "Rebellion" rather than as a successful "War of Independence." Bacon died before Berkley's vengeance could be wreaked on him, but his followers suffered, their estates were confiscated and they were subjected to dire punishment. King Charles II said of Berkeley's cruelties "that old fool has hang'd more men in that naked country than I have for the murther of my father."

3

Among those hanged at Middle Plantation was one of Bacon's leaders, William Drummond, "a sober Scotch gentleman of good repute." When Drummond was first arrested a friend warned him that the governor had put a brand on him, to which he replied gravely, "I am in over shoes, I will be over boots", and so he was. Governor Berkeley soon greeted him with an ironical bow saying "Mr. Drummond! You are very welcome, I am more glad to see you than any man in Virginia, Mr. Drummond you shall be hanged in half an hour." So at Middle Plantation Drummond was hung on the gibbet as a rebel and traitor, unaware that in another century, in that very place, patriots would again rally to the same cause and independence would be won.

The General Assembly meet in Middle Plantation in October, 1677, to consider the rebuilding of the State House and the Capital at Jamestown. Middle Plantation was suggested as a site, but the capital was ordered rebuilt on the island.

A fire of unknown origin destroyed the State House at James Town in 1698 and once more the removal of the Capital to Middle Plantation was urged, and this time successfully. The then lieutenant Governor, Francis Nicholson, anxious to foster the infant College of William and Mary, which had been erected at Middle Plantation, led the movement to abandon Jamestown.

An act directing the building of a new capitol at Middle Plantation was accordingly passed in 1699. The erection of the handsome Capitol Building, its embellishment and furnishing were carefully considered, so carefully, that an entire city was planned at the same time and laid out adjacent to the building 4 to provide "a healthy, proper and comodious place suitable for the reception of a considerable number and concourse of people that of necessity must resort to the place where the General Assemblys will be convened and where the Council and Supreme Courts of Justice of this his Majesty's Colony and dominion will be held…"

The bounds of Capitol Square were marked out on the site agreed on, and then the surveyor, Theodorick Bland, laid out the 283 acres of adjacent land for the city of Williamsburg and its two port towns, or landings, Princess Ann's Port (later College Landing) on Archers Hope Creek leading into James River and Queen Mary's Port (later Capitol Landing) on Queen's Creek leading into the York River.

The intention of these early builders was that the building should be the finest in the colonies. Their ambition extended to include the city of Williamsburg, itse1f, which had a fine town plan. A spacious main street, 99 feet wide stretched from the College to the Capitol. Spaces were set aside for a future Governor's PalaceHouse — later called Palace, an extensive Market place was reserved, and land for a new state church was presented by John Page, on of Middle Plantation's leading residents. Lots were large and the city had excellent building restrictions concerning the size, location and permanent character of buildings to be erected in the new city.

Thus from the plan to build a handsome state-house grew the plan for an entire city.

5

II — THE ERECTION OF THE CAPITOL.

In 1700 the Assembly and Courts were held at the College of William and Mary and work on the new Capitol began. Henry Cary, a master builder, was appointed overseer of the building and workmen, and brick kilns were set up and fired. On August 8, 1701, the foundation of the historic structure was laid. These veryWhen these foundations were excavated after a lapse of more than two centuries and they bore ample testimony of the meticulous care with which the act directing the building of the Capitol was followed by Builder Cary and his skilled workmen.

According to the Act, the building was to be in the form of an H, a western building devoted to the functions of the General Court; an eastern to the House of Burgesses, with a stone-paved piazza between. Each building was to be 75 x 25 feet "from inside to inside" and was to be built of brick. Materials were to be of the best; those not available in Virginia were to be imported from England, and iron-work, stone, glass, paint-colors and ornaments were ordered. Skilled work-men were likewise sent from England. and were housed in specially erected quarters. The law was passed preventing tavern-keepers from entertaining the Capitol workmen, and Henry Cary ordered twenty barrels of pork, one hundred and fifty bushels of corn and twenty bushels of pease for their diet. These artisans must have been much sought after by those who came to town and saw their handiwork, because it was necessary to pass a law prohibiting people from coaxing the workmen from their employment.

6

The work was carried on so well that the first session of the Assembly was held in the new building on April 21, 1704.

The speaker and thirty-three Burgesses assembled in the Capitol in a room appointed for them to sit in and Governor Nicholson sent a messenger to command their attendance in the Council Chamber. The freshly painted panelling gleamed like marble, a great oval table covered with a handsome turkey work carpet was surrounded by numerous armed cain chairs made comfortable with green cushions. There were great brass candlesticks, sconces and myrtle wax candles, and on the table were red and green tape, penknives, wafers and wax and all the parchments and papers for official documents.

Nicholson solemnly read the commission from Queen Anne appointing him lieutenant governor; he showed his instructions and announced he had commissioned persons to administer oaths of office to the Burgesses. These solemn ceremonies being completed, a formal address from the new lieutenant governor was read:

Honble Gentl.
God Almighty I hope will be gratiously pleased so to direct guide, and Enable us, as that we may to all intents purposes answer her Majests Writt by which this Assembly was called and by Prorogation is now mett. in this her Majesty Queen Anne her Royall Capitol which being appoynted by Law for holding Generall Assemblys and Generall Courts, my hopes likewise are That they may continue to be held in this place for the promoteing of Gods Glory her Majests and her Successors Interest and Service, with that of the Inhabitants of this her Majests most antient and great Colony & Dominion of Virginia So long as the Sun and Moon endure

Gentl. Her most Sacred Majesty having been 7 gratiously pleased to send me her Royal Picture and Armes for this her Colony and Dominion, I think the properest place to have them kept in will be this Council Chamber. But it not being as yet quite finished, I cannot have them so placed as I would

The decoration in cut brick on the south front of the building's exterior was evidently symbolical, according to this address.

The General Court sat in great state in the handsome panelled Court Room which had woodwork painted like marble. Light filtered through the oval windows in the rounded ends of the room or blazed from myrtle wax candles in great glass branches. It shone on benches stuffed with hair and covered with green serge, which were upholstered with red tape and burnished brass nails. There were two small galleries in the building to which limited numbers of spectators were admitted during criminal trials, which were public.

The elegance of the General Court was representative of the entire building. The technical description of the building and its furnishings, as gleaned from the official record, while an invaluable clue to restoration, lacks the vividness of the following description by the Reverend Hugh Jones in 1724:

Fronting the College at near its whole Breadth, is extended a noble Street mathematically straight (for the first Design of the Town's Form is changed to a much better) just three Quarters of a Mile in Length: At the 8 other End of which stands the Capitol, as noble, beautiful, and commodious Pile as any of its Kind, built at the Cost of the late Queen, and by the Direction of the Governor.

In this is the Secretary's Office with all the Courts of Justice and Law, held in the same Form, and near the same Manner, as in England; except the Ecclesiastical Courts.

Here the Governor and twelve Counsellors sit as Judges, at the General Courts in April and October, whither Trials and Causes are removed from Courts, held at the Court-Houses Monthly in every County by a Bench of Justices and a County Clerk.

Here are also held the Oyer and Terminer Courts, one in Summer, and the other in Winter, added by the Charity of the late Queen, for the Prevention of Prisoners lying in Goal above a quarter of a Year before their Trial.

Here are also held Courts Martial, by Judges appointed on Purpose, for the Trial of Pyrates; likewise Courts of Admiralty, for the Trial of Ships for illegal Trade.

The Building is in the Form of an H nearly; the Secretary's Office, and the General Court taking up one Side below Stairs; the Middle being an handsom Portico leading to the Clerk of the Assembly's Office, and the House of Burgesses on the other side; which last is a good Stair Case, one leading to the Council Chamber, where the Governor and Council sit in very great State, in Imitation of the King and Council, or the Lord Chancellor and House of Lords.

Over the Portico is a large Room where Conferences are held, and Prayers are read by the Chaplain to the General Assembly; which Office I have had the Honour for some years to perform. At one End of this is a Lobby, and near it is the Clerk of the Council's Office; and at the other End are several Chambers for the Committees of Claims, Privileges, and Elections; and over all 9 these are several good Offices for the Recorder General, for the Auditor, Treasurer, &c. and upon the Middle is raised a lofty Cupola with a large Clock.

The whole is surrounded with a neat Area, encompassed with a good Wall, and near it is a strong sweet Prison for Criminals; and on the other Side of an open Court another for Debtors, when any are removed thither from other Prisons in each County; but such Prisoners are very rare, the Creditors being there generally very merciful, and the Laws so favourable for Debtors, that some esteem them too indulgent.

The Cause of my being so particular in describing the Capitol is, because it is the best and most commodious Pile of its Kind that I have seen or heard of.

Because the State House, James Town, and the College have been burnt down, therefore is prohibited in the Capitol the Use of Fire, Candles, and Tobacco.

At the Capitol, at puplick Times, may be seen a great Number of Handsom, well-dress'd, compleat Gentlemen. And at the Governor's House, I have seen as fine an Appearance, as good Diversion, and as splendid entertainments in Governor Spotswood's Time, as I have seen any where else.

These Buildings here described are justly reputed the best in all the English America, and are exceeded by few of their Kind in England.

It is interesting to note that the use of fire, candles and tobacco was presumably prohibited in the Capitol. The building was erected without chimneys in order to prevent another calamitous fire, and consequent destruction of records. 10 The records immediately began to rot and mildew and on June 14, 1723 two chimneys were built on the north end of the building with two fireplaces to each chimney to keep the records dry.

Court was more than once adjourned because of the cold, inclement weather, but while the Burgesses and Councillors had to manage without heat because the building had no provision for it, they did not deny themselves light. Large high brass candlesticks, brass, sconces, lanthorns and lusters were ordered at an early date. At one of the earliest sessions in the new building the Burgesses early exhibited that spirit of independence in the face of unreasonable laws that culminated in the Declaration of Independence.

There is a brief record of what was evidently a debate on the question of disobeying the law in regard to candles, in the Journal of the House of Burgesses for May 4, 1705:

"Then a Motion being made and
The Question Put
That the Candles be brought in
Resolved in the Affirmative."

Governor Francis Nicholson, during whose administration the Capitol was being erected, was a self-important, fiery-tempered executive and was often in difficulties with the councillors and burgesses. The Capitol records present mute testimony of this lack of harmony.

If Nicholson proposed something for the building, the burgesses promptly voted it down. With the same modesty that made him name the Main Street of the town, Duke of Gloucester, 11 in honor of Queen Anne's eldest son, and the two other important parallel streets, Francis and Nicholson, in his own honor, the governor had his coat of arms painted on the Capitol cupola.

Nicholson's quarrel had its origin in an unrequited love affair. He became infatuated with Martha, the young daughter of Major Lewis Burwell of King's Mill. He became violently jealous of Archibald Blair, the president of the College, and antagonized most of the members of the Council who were all somewhat related by blood or marriage. Nicholson threatened that if Miss Burwell married, he would cut the throats of three persons "the bridegroom, the minister who should perform the ceremony, and the justice who should give the license"; and the story goes on to tell that he did knock off the minister's hat when the unrelenting lady married Colonel Henry Armistead.

Nicholoson was finally removed from office and was succeeded by Governor Nott. The first move the Burgesses made after his removal was to order the Queen's Arms to be painted on the cupola of the Capitol "where Colonel Nicholson's are now painted."

It was during Nott's administration that the building was completed. The House of Burgesses, in the astern building, was as handsome as the General Court. The wainscoat and other wooden work were "painted like wanscote." There were seats and benches upholstered in green serge, red tape and brass nails; an impressive seat for the Speaker of the House of Burgesses, was raised within the bar and was wainscoated. 12 A gown for this officer and a staff or mace were an integral and symbolical part of the exercise of this important office. There were leather chairs, chairs with green cloth cushions, and benches. As the membership in the House of Burgesses grew the room had to be twice enlarged.

In the early history of the Colony, the Burgess elected to the Speakership became also the Treasurer of the Colony. It was an office of great distinction and was held by able men, but twice the too great leniency of the Treasurer in levying and collecting taxes from his hard-pressed friends precipitated heart-breaking situations in the Colony. In neither case did the treasury suffer, however, the estate of the Treasurer and the bond of his sureties being sufficient to cover the deficits. The office of Treasurer, as a result of these misfortunes, was later divorced from the Speakership of the House.

The observation of proper form and procedure in the conduct of the King's business and the zealous protection of their own rights and prerogatives always characterized the Virginia House of Burgesses. It was their intrepid spirit in the face of tyrannous opposition that forced the repeal of the Stamp Acts and finally accomplished the Revolution.

13

III. PUBLIC TIMES

As the builders of the Capitol had anticipated, Williamsburg had to make provision for a great concourse of people. The city, which normally had a population of not more than one or two thousand, was host to five or six thousand when Courts were in session. Every house in Williamsburg was filled with lodgers or guests; the tavern-keepers did a rushing business; barbers and peruke-makers busied themselves tending the gentlemen's wigs; the milliners and dry goods merchants vied in displaying the newest fashions from London to tempt the ladies; horse races were held at the track adjoining the city; debts were paid and contracted; tobacco receipts and bills of exchange passed freely in the section of Duke of Gloucester Street just east of the Capitol which was called the Exchange. Busiest of all were the lawyers defending their clients in the courts, pursuing claims for debts and serving as members of some of the judicial bodies. There were auctions of slaves, real estate and household goods held on the steps of the court houses and taverns. Winners of big lotteries were announced at this time. Games of billiards, back-gammon, dice (or hazard as it was then called) and cards were going on in the taverns and public houses. The theatre season ran with the court season and the judges of the General Court and the Burgesses found time to divert themselves with the varied programs given there. George Washington amused himself while attending the courts by also attending plays and the club meeting at Mrs. Campbell's 14 tavern.

A number of dancing assemblies were held in the Capitol itself. Mrs. Mary Stagg, widow of Charles, the actor-manager of the first theatre in America which blazoned a brief season on Palace Green, conducted a number of these affairs. One advertized to be held in April, 1737, was to be an elegant affair at which a raffle of valuable prizes would be held (one of which was "a likely young negro fellow"), and several grotesque dances performed for the entertainment of the gentlemen and ladies.

Annually the King's birthday was fittingly observed with fireworks, health-drinking and other events. A description of one festive occasion has been preserved in the pages of the old Virginia Gazette of July 18th, 1746:

On receiving the News, in this CITY, of the Glorious Victory gain'd over the Rebels, by his Royal Highness, the Duke of Cumberland, an universal joy diffus'd among all Ranks of Persons; the General Assembly being met, and much Company in Town, a Grand Entertainment was made at the Capitol, on Tuesday Night, suitable to the extraordinary Occasion by the Honourable, the President and Council, Mr. Speaker, and the rest of the House of Burgesses; to which his Honour the Governor, who continues indispos'd, was pleas'd to contribute very largely. In the Evening, a very Numerous Company of Gentlemen and Ladies appear'd at the Capitol, where a Ball was open'd and after dancing some time, withdrew to Supper, there being a very handsome Collation spread on three Tables, in three different Rooms, consisting of near 100 Dishes, after the most Delicate taste. There was also provided a great Variety of the choicest and best Liquors, 15 in which the Healths of the King, the Prince and Princess of Wales, the Duke, and the rest of the Royal Family, the Governor, Success to his Majesty's Arms, Prosperity to this Colony, and many other loyal healths were drank, and a Round of Cannon, which were remov'd to the Capitol for this Purpose, was discharg'd at each Health, to the NUmber of 18 or 20 Rounds, which lasted til near 2 o'Clock. The whole Affair was conducted with great Decency and good Order, and an unaffected Chearfullness appeared in the Countenances of the Company. All the Houses in the City were illuminated, and a very large Bon-fire was made in the Market-Place, 3 Hogsheads of Punch given to the Populace; and the whole concluded with the greatest Demonstrations of Joy And Loyalty…

Williamsburg profited from the court crowds, and scheduled its bi-annual fairs in April and December. Horse-trading, cattle-dealing, and sales of goods manufactured in the colony were encouraged by bounties and prizes. The fairs culminated in a series of events designed for the "Entertainment and Diversion of all Gentlemen and Others that shall resort thereto." Events at the fair held on December 12, 1739 were:

A good Hat to be Cudgell'd for; and to be given to the Person that fairly wins it, by the common Rules of Play.

A Saddle of 40s. value, to be run for, once round the Mile Course, adjacent to this City, by any Horse, Mare, or Gelding, carrying Horseman's Weight for Inches. A handsome Bridle to be given to the Horse that comes in Second, And a good Whip to the Horse that comes in Third.

A Pair of Silver Buckles, value 20s. to be run for by Men, from the College to the Capitol. A Pair of Shoes to be given to him that comes in Second. And a Pair of gloves to the Third.

16

A Pair of Pair of Pumps to be danc'd for by Men.

A handsome Firelock to be exercis'd for; and given to the Person that performs the Manual Exercise best.

A Pig, with his Tail soap'd, to be run after; and to be given to the Person that catches him, and lifts him off the Ground fairly by the Tail.

There will be several other Prizes given: And as the Fair is to hold Three Days, there will be Horse-racing, and a Variety of Diversions, every Day; and the Prizes not here particularly mentioned, (for want of Room) will be then publicly declared, and appropriated in the Best Manner.

The Horses that run for the Saddle, are to be Enter'd before Ten o'Clock on Wednesday morning next, with Mr. Henry Bowcock, in Williamsburg; those that are not Contributors, to pay 2s. 6d. at Entrance. The Horse that wins the Saddle, not to for any other Prize this Fair.

Proper Persons will be appointed to have the Direction and Management of the Fair, and to decide any Controversies that may happen, in relation to the Bounties and Prizes to be bestowed.

There was bustle, excitement, confusion and entertainment in great variety. One traveller, in 1736, who saw the City during public times, observed, "There is nothing considerable ini t, but the College, the Governor's House, and one or two more, which are no bad Piles; and the prodigious number of coaches that crowd the deep sandy streets of this little City."

Not all was gaiety and diversion, however. The serious work of the courts proceeded and momentous events were transpiring, shaping the destiny of the Colony of Virginia, and of a continent.

One troublesome affair that greatly exercised the Virginians was a boundary dispute with North Carolina. On August 30, 1710, 17 the Commissioners for running the boundary line between the two colonies met in the Conference Room of the Capitol, and a surveying party was finally despatched, after extensive litigation the problem was solved.

In that same year an event productive of much good for the Colony of Virginia and its capital city occurred; the Honorable Alexander Spotswood arrived to assume the office of lieutenant-governor. During his administration and under his direction, the Church was enlarged and an octagonal powder magazine erected on the Market Square and the Governor's Palace was completed and ornamented with fish ponds, canals, falling gardens, gates, walks and drives. The historian, Beverley, says of the Palace, it "received its beauty and conveniency from the many alterations and decorations of the present Governor, Colonel Spotswood; who, to the lasting honor and happiness of the Country arrived there while this house was carrying up."

Governor Spotswood on the 20th of August, 1716, in company with John Fountaine, descendant of an old French Huguenot family, set forth from Williamsburg with horses, baggage and equipment for an expedition over the Appalachian Mountains. 18 They were joined at Germanna by the gentlemen and rangers who were to assist in forcing a passage through the forest and over unmarked trails to the summit.

By the 29th the expedition had successfully pressed to the very top of the Appalachians. The highest mountain they named Mt. George in honor of the King, and the next highest Mt. Spotswood, and the mountains echoed to their celebration. The journal of one of the members of the expedition gives a glowing account of the jubilation the first white men to reach the summit gazed down on the vast valleys of Virginia:

We had a good dinner, and after it we got the men together and loaded all their arms, and we drank the King's health in Champagne and fired a volley, the Princess's health in Burgundy and fired a volley, and all the rest of the royal family in claret and a volley. We drank the Governor's health and fired another volley. We had several sorts of liquors, viz., Virginia red, wine and white wine, Irish usquebaugh, brandy, shrub, two sorts of rum, champagne, canary, cherry punch, water, cider, etc.

The expedition, which had started from Williamsburg, returned to it, to a general public acclaim. The feat was celebrated in Latin verses by the College students in their regular tribute to the Governor, and Spotswood instituted the Tramontane Order, presenting to each member a tiny golden horseshoe studded with jewels inscribed, "Sic juvat transcendere montes". These Knights of the Golden Horseshoe began a westward migration of Virginians which was only to stop at the ocean.

19

The year 1713 saw the passage of one of the first comprehensive tobacco laws, which was in substance re-enacted in amended form many times. I was designed to insure the quality of tobacco shipped abroad and tendered in payment for obligations at home. The tobacco trade being the backbone of the economic system of the Colony, and legislation tending to improve the trade had vital and far reaching consequences. The tobacco law, although sound in many respects was not popular. It, and pressing Indian affairs led to further friction. Finally a royal governor was again quarrelling with an untractable Assembly. The quell flares out, occasionally, in veiled terms from the pages of the official records.

In a long letter addressed to the Lords of Trade and Plantation Spotswood explained his many difficulties with the Burgesses, citing as an example of their peevishness the episode of the Capitol Chairs. On some official occasion Spotswood had invited 400 ladies and gentlemen to a supper at the Palace, and not even the opulently furnished Palace had sufficient chairs for such number. The Governor, accordingly, dispatched his servants to borrow Capitol chairs, to which the Burgesses took official exception, Spotswood related of them:

"When they growing further humoursom enter'd upon the Journals to enquire into the state of the Capitol Furniture I took no other course to divert them from laying me under censure than by modestly asking the keeper of the Capitol, in the presence of several Burgesses, whose mark & superscription that was on the chairs, which being the Sovereign's Crown & Cypher discovered to them that I might 20 without ye imputation of robbery meddle with these chairs…"

But whether it was a petty bicker over Capitol chairs, or a more dignified disagreement over the precious rights of the House, Spotswood and his Councillors and Burgesses came to a parting of the ways. He retired to his beloved Germanna and later became the first Post-master General of all the Colonies.

He was succeeded by Hugh Drysdale in 1722 whose administration promised to be a popular one; but Drysdale died after presiding over just one session. In 1722 the City of Williamsburg was incorporated and was represented by a delegate in the House of Burgesses.

William Gooch became Lieutenant Governor in 1727 and during the twenty two years of his term of office the affairs of the colony were ably administered. For "the honour of Almighty God, not yet by law sufficiently secured" he urged the establishment of a school system, among other proposals. During his administration William and Mary College was given a delegate in the House of Burgesses. In 1733 the laws of Virginia were compiled and published by William Parks, public printer, the first edition of the laws published in Virginia.

On January 30, 1747 a disastrous event took place, which was vividly recounted in the Pennsylvania Gazette:

Last Friday, [Jan. 30] the fatal and ever memorable Day of the Martyrdom of King Charles the First, a most extraordinary Misfortune befel this Place, by the Destruction of our fine Capitol. Between 7 and 8 o'Clock in the Morning the Inhabitants of the City were surprised 21 with the Sight of a Cloud of Smoke, issuing from the upper Part of the Capitol; but no Fire appeared on the Outside. Soon after some of the Shingles began to kindle on Fire from within, an immediately a Blaze burst out which presently reached the Cupola, and thence communicated the Fire to the Covering of the whole Fabrick. The Cupola was soon burnt, the two Bells that were in it were melted, and, together with the Clock, fel1 down, and were destroyed; and the whole Covering and Roof soon followed: Then the Upper Floor of the several Rooms took Fire, soon burnt thro', and descended to the second Floor, and so to Bottom, till the whole Timber and Wood-work was destroyed, and the naked Brick Walls only left standing, which, however, seem good, except one or two small Cracks in the Semi-circles. During this Consternation and Hurry, all the Records deposited in the Capitol, except a few loose, useless papers, were, by great Care and Diligence, and in the Midst of Danger happily preserved; as were also the Pictures of the Royal Family, and several other Things. The Wind, early in the Morning, was a Southwest, but just before, or at the Beginning of the Fire, shifted to Northwest, and blew very fresh, so that the Fleaks of Fire, which flew about plentifully, were carried from the Town, and by that Means, thro' the kind Interposition of Divine Providence, the Houses escaped the Flames, and many Families were saved from Ruin.

Governor Gooch commanded the immediate attendance of the Assembly at the College on March 30th, and conveyed the news to the, ascribing the fire to "the horrid machinations of desperate villains, instigated by infernal madness", and appealed:

The same Public Spirit you constantly exerted, as Fathers of your country, within those Walls will determine you to apply the most effectual Means for restoring that 22 Royal Fabric to its former Beauty and Magnificence, with the like elegant and capacious Apartments, so well adopted to all the weighty Purposes of Government.

In the mean Time we shall be indulged with the Use of the College for holding Assemblies; and by a kind Offer from the Mayor and Corporation of this City with their new Court of Hustings, for the Sittings of the General Court.

But as these Places can only be accepted and esteemed as temporary conveniences, I must intreat you to turn your Thoughts to the Repair recommended, to proceed therein with Unanimity and Dispatch; and I hope nothing will intervene to retard the Execution of that most necessary and important Work.

It then became apparent that to many the fire was a providential accident; the removal of the Capital to a more convenient and accessible location was strongly urged by the Assembly. Many sites were proposed and inducements offered to lead to the acceptance. The westward movement, the dispersed settlements of the planters along the rivers and to the mountains, the remoteness of Williamsburg from convenient water-ways were the pressing reasons for the proposed changes.

Friction developed, as the Governor was determined, if possible, to maintain the Capitol in the City of Williamsburg because there was still useable material in the old Capitol; and the Governor's Palace, state church, Powder Magazine and Colony Prison were still in excellent condition. The construction of the other public buildings, and possibly also of a Capital City.

23

After long and stormy sessions an act for rebuilding the Capitol in the City of Williamsburg was finally brought to a vote. It was voted on the customary three times, the final vote being taken on November 23, 1748. The "Noes" went forth, the vote was taken:

Yeas 40
Noes 38
and the bill had passed the house of Burgesses. It was sent to the Council for concurrence was agreed to.

By a scant margin of just two votes Williamsburg remained the Capital City.

24

IV. THE RE-BUILDING

On April 1, 1751, the Honorable John Blair, who moTe than fifty years before had laid a foundation brick of the first Capitol, laid the first brick for the second building. The "undertaker" of the rebuilding of this second Capitol was James Shelton; and he, under Blair's direction, had the building ready for use by November 1, 1753.

TheThis second building was not, however, the "commodious Pile: that the first had been.rebuilt exactly like the first building. The foundations and part of the old walls were re-used, but the semi-circular ends of the House of Burgesses & the General Court were squared out. The building, instead of having four entrances, the most imposing being on the south, had its main entrance but on the west facing on the axis of the Duke of Gloucester Street. One of the most detailed and discriminating descriptions of this second building is found in Thomas Jefferson's "Notes on Virginia".

"The capitol is a light and airy structure", he wrote, "with a portico in front of two orders, the lower of which, being Doric, is tolerably just in its proportions and ornaments, save only that the intercolonations are too large. The upper is Ionic, much too small for that on which it is mounted, its ornaments not proper to the order, nor proportioned within themselves. It is crowned with a pediment, which is too high for its span. Yet, on the whole, it is the most pleasing piece of architecture we have …".

In restoring the Capitol, it has been considered wisest to restore the original building , about which so much detailed historical and archaeological evidence exists, that it can be 25 faithfully reproduced. The second Capitol was a compromised, a rebuilding, and although done as ably as possible, the completed building lacked the magnificence and convenience of the first.

While the Capitol was being rebuilt, a separate building was erected to house the public records of the colony. Too many times, fires (several of them incendiary) had threatened or destroyed, or threatened the valuable records of the colony when they were housed in a Secretary's Office under the same roof. This Public Records Office is still standing on the easternmost end of the north side of Duke of Gloucester Street.

One other noteworthy change in the architecture of the building was significant of changing political feeling — a gallery was ordered erected across the House of Burgesses, in November, 1764. Although this reflected a growing recognition of public interest and right to be present during legislative proceedings, still, in 1766, its use was subjected to the following restriction:

"That no Person, except the members of his Majesty's Council, shall be admitted into the Gallery, unless introduced by some of the members of this House, and the Serjeant of Arms is directed to see that this Resolution is duly Executed."

The first governor to preside in the rebuilt Capitol was Robert Dinwiddie. His administration was crowded with the affairs of the French and Indian wars; while the two great powers, England and France, engaged in a fierce struggle for territory.

French efforts to occupy the Ohio Valley were met with armed opposition, George Washington commanding the Virginia 26 regiments sent out to prevent French encroachments. Many efforts were made to keep the friendly Indians, especially the Cherokees, on good terms with the Virginians, and bounties were offered for scalps of the Indians allies of the French.

On February 23, 1754, the Burgesses passed a REsolution to pay 50£ to Major George Washington, "to testify our approbation of his Proceedings on his Journey to the Ohio". On August 30th, the Burgesses voted thanks to Colonel George Washington, Captain Mackay of His Majesty's independent company, his officers and men, for their "late gallant and brave behaviour in defence of their country."

Dinwiddie's administration was also troubled with some dissensions with the House of Burgesses. A dispute arose over the payment of a pistole fee on each land patent to allow it to pass under the seal; and for a time inharmonious relations hampered the prosecution of the wars in the Ohio Valley.

When Francis Fauquier succeeded Dinwiddie in 1758; the war had been waging fiercely for several years; Braddock had been defeated; Virginia's frontiers were over-run with France's savage allies; and Fort Duquesne was being attacked. The French abandoned and fired the fort, and the campaign ended the next day, on November 26th. Washington resigned his command and took the seat in the house of Burgesses to which he had been elected from the county of Frederick.

Governor Fauquier was a patron of the arts and sciences — "A compleat gentleman", much beloved by the Virginians. He entertained lavishly and gambled for heavy stakes at cards. The 27 youthful Jefferson, while a student at William and Mary College became acquainted with the liberal and gracious Fauquier, a circumstance which doubtless exerted great influence in the development of his character, and one which he never forgot. Writing his autobiography at the age of seventy-seven, Jefferson wrote fondly of his friend, the governor, and acknowledged a vast debt to Professor William Small, who "filled up the measure of his goodness to me, by procuring for me, from his most intimate friend George Wythe, a reception as a student of law under his direction, and introduced me to the acquaintance and familiar table of Governor Fauquier — the ablest man who ever filled that office".

Fauquier was such an able diplomat that relations with the Burgesses were maintained with courtesy and mutual respect. He understood so well the temper of the Virginians that he warned Mr. Pitt in 1759 or 1760 that any taxation laid upon the colonies without their consent would have disastrous results. His warning note was unheeded, and though his understanding and sympathies were with the Virginians, his loyalty and duty were to the crown.

Indian affairs continued troublesome, and the era from 1758 to 1765 was one of great financial distress and unrest in all the colonies. There were differences between the merchants of Great Britain and Virginia which were caused by the absence of a stable currency in the colony. Virginia commonly used tobacco warehouse receipts as a medium of exchange and the fluctuations in the value of the tobacco crop created difficult problems of exchange. Two acts were passed in this period, which created great discontent among the clergy.

28

The clergy felt their rights had been jeopardized by the Two-penny Act," an act more commonly known as "The Parson's Cause", and numerous suits arose. The Reverend James Maury brought suit against the collectors of the parish levies in Louisa County, and at a critical point in the suit when public attention was anxiously centered on the case, Patrick Henry was called in by the defendants.

The case was set for the December term of court in 1763, and Henry's successful arguments in this celebrated case not only made history in Virginia but raised him He rose in prominence from a popular countycountry lawyer to a political leader on the successful conclusion of the "Parson's Cause".

Events were fast shaping themselves for the time when Henry's fervid oratory would be heard in another cause, the cause of liberty.

The Stamp Acts were passed in 1765 and the polite memorials and protests of the Virginians and the Virginia Assembly went unheeded as it was determined to put the acts in force on November 1st of that year.

The colonists submitted, but resolved to use as few of the taxed articles of luxury and necessity as possible.

Their acquiescence came to an abrupt and dramatic end on May 29, 1765 when the famous resolutions against the Stamp Act were introduced by Patrick Henry in the House of Burgesses. Young Thomas Jefferson, who heard the speech from the lobby, described it as "torrents of sublime eloquence from Henry", and the ensuing debate as "most bloody".

The fifth resolution, proclaiming that the General Assembly of the Colony alone had the right to lay taxes and imposition upon its inhabitants, shocked the older and more conservative 29 members of the House. It was then Henry declared "Tarquin and Caesar had each his Brutus, Charles the First his Cromwell, and George the Third … "

"Treason", exclaimed the Speaker, and murmurs of treason were heard in every part of the house.

Unhesitatingly Henry continued, "… may profit by their example: If this be treason make the most of it."

His oratory carried the day, and by the narrow margin of one vote the debated fifth resolution was included, but later was expunged from the record. Publication of the Resolutions and their distribution to the other colonies cemented resistance to the Stamp Acts throughout the colonies. They determined to resist their enforcement by every legal means.

Governor Fauquier dissolved the Assembly because of these proceedings, but when it convened again for the October session, feeling was still high. The town was thronged with the vast court crowds, supplemented with crowds of anxious and intensely concerned citizens who viewed the coming taxes with alarm and disfavor.

The ship "Leeds" sailed into the York River, bringing Colonel George Mercer, chief distributor of stamps for the colony of Virginia. Mercer came promptly to Williamsburg on October 30th, "very unluckily" as Governor Fauquier reported to the Board of Trade, "when this town was fullest of strangers". The governor's own account of the stirring events that transcribed follows:

"I then thought proper to go to the Coffee House where I occasionally sometimes go, which is situated in that part of the town called the Exchange, tho' an open street where all money business is transacted. The first word I heard was 'One and All' upon which, as at a word agreed on before between themselves they all quitted the place to find 30 Colonel Mercer at his father's lodgings where it was known he was. This concourse of people I should call a mob, did I not know that it was chiefly if not altogether composed of gentlemen of property in the Colony, some of them at the head of their respective Counties, and the merchants of the country, whether English, Scotch or Virginian, for few absented themselves. They met Colonel Mercer on the way, just at the Capitol: there they stop'd him and demanded of him an answer whether he would resign or act in this office as Distributor of the Stamps. He said it was an affair of great moment to him, he must consult his friends, and promised to give them an answer at 10 o'clock on Friday morning at that place. This did not satisfy them, and they followed him tot eh Coffee house, in the porch of which I had seated myself with many of the Council and the Speaker, who had posted himself between the crowd and myself. We all received him with the greatest marks of welcome; with which, if one may be allowed to judge by their countenances they were not well pleased, tho' they remained quiet and were silent. Now and then a voice was heard from the crowd, that Friday was too late; the Act would take place, they would have an answer tomorrow. Several messages were brought to Mr. Mercer by the leading men of the crowd, to whom he constantly answered he had already given an answer and he would have no other extorted from him. After some little time a cry was heard, "let us rush in". Upon this we that were at the top of the steps, knowing the advantage our situation gave us to repell those who should attempt to mount them, advanced to the edge of the Steps, of which number I was one. immediately fell back, and left a small space between me and them. If your Lordships will not accuse me of vanity I would say that I believe this to be partly owing to the respect they bore to my character and partly to the love they bore my person. After much entreaty by some of his friends, Mr. Mercer was, against his own inclination, prevailed upon to promise them an answer at the Capitol the next evening at five. The crowd did not yet disperse; it was growing dark, and I did not think it safe to have Mr. Mercer behind me, so I again advanced to the edge of the steps and said aloud I believe no man there would do me any hurt, and turned to Mr. Mercer and told him if he would walk with me through the people I believed I could conduct him safe to my house; and we accordingly walked side by side through the thickest of the people, who did not molest us, tho' there was some little murmurs. By me thus taking him under my protection, I believe I saved him from being insulted at least. When we got home we had much discourse on the subject. He asked me what he should do; in return I asked him whether he was afraid for his life, if he was, it was too tender a point for me to advise him; if not, his honor and interest both demanded he should hold the Office; and if that should be his resolution, he must not regard the reasonings of his father and brother, two lawyers attending the Court who were frightened out of 31 their senses for him. He left me that night in a state of uncertainty what part he should act.

Accordingly Mr. Mercer appeared at the Capitol at 5, as he had promised. The number of people assembled there was much increased, by messengers having been sent into the neighborhood for that purpose. Colonel Mercer then read to them the answer which is printed in the Supplement of the Gazette, of which I enclose your Lordships a copy, to which I beg leave to refer…"

Colonel Mercer's declaration of his intentionsattitude to the people gave such general satisfaction, that he was carried out of the Capitol gate, conducted to a public house and handsomely entertained. Mercer later offered his resignation to the governor who refused to accept it, so Colonel Mercer carried his unwanted and dangerous stamps to his Majesty's ship "Rainbow" for safekeeping.

Resistance to the Stamp Acts continued unabated in Virginia and in the other colonies. Their resistance finally won the admiration of Parliament. Inspired by Pitt and Camden, who rejoiced at the colonies' refusal to be slaves, Parliament repealed the Stamp Acts on March 18, 1766.

The repeal of the act was proclaimed by Governor Fauquier on June 6, 1766, and shortly thereafter a celebration was held at the Capitol. The lanthorns blazed in the cupola, the town was illuminated, and as the gazette of the day reported there was held, "a ball and elegant entertainment at the Capitol, at which was present his Honour the Governour, many of the members of his Majesty's Council, and a large and genteel company of Ladies and Gentlemen, who spent the evening with much mirth and decorum, and drank all the loyal and patriotick toasts."

Enthusiasm was such that a bill was brought into the house proposing the erection of a statue to George III, and an obelisk 32 to commemorate the two great friends of liberty, Pitt and Camden. A section of Halifax county was set aside and named Pittsylvania, and a parish was named Camden.

These and other joyous manifestations over the repeal led George III to repent of his leniency. He came to regard his action as a "fatal compliance to popular demand", and accordingly further taxes were imposed which later became known as the Townshend Acts.

During this troublesome time, Virginia was also involved in another financial difficulty. In order to finance the French and Indians wars, the colony had emitted great quantities of paper money, redeemable in future revenues. As these notes were redeemed they were supposed to be destroyed.

The hardships of the wars, the lack of stable currency, the deficiency of currency and the law in Parliament prohibiting further emissions of paper money, worked great hardships on the Virginians. They had a friend in a position to aid them in the person of John Robinson, Speaker of the House of Burgesses end Treasurer of the colony. He aided his many friends freely from his private purse to the full extent of his own extensive resources, and in addition, loaned out paper money intended to be destroyed, or allowed tax payments to be receipted before funds were actually on deposit.

In all these transactions he was moved by unselfish and wholly understandable motives, although there were those in the House who suspected that such a state of affairs might involve the colony's finances in difficulties. Any suggestion of an investigation of the state of the Treasury being deemed a personal affront to the individual in that office, all such attempts met with effectual 33 resistance from Robinson's numerous and loyal friends.

He died, however on May 11, 1766, and Governor Fauquier reluctantly reported to the Earl of Shelburne, "Upon the demise of the late Treasurer and Speaker, a deficiency was found in the Treasury of £100,700 which sum had been illegally remitted to supply the necessities of his distressed friends to whom he could never give a denial. Such was the sensibility of his too benevolent heart. This as your Lordships may imagine has made a great noise, but I hope and believe all will be set right without the least shock to the Publick credit; which is not yet affected tho' the fact is universally known…"

It is true that Robinson's estate and the bond of his sureties were ample to cover the deficit for the public, and though it wreaked immeasurable hardship on his family and his bondsmen, the public suffered no loss. from this tragic situation, good for the colony resulted in the form of sound financial legislation. The office of Speaker of the House of Burgesses was permanently separated from the Treasurership, and compensation made to each. Up to the time of Speaker Robinson's death, there was no penalty for misapplication of funds, such actions being considered breaches of trust rather than illegal offences. This was remedied by law in 1766.

On March 3, 1768 Francis Fauquier died, "a man who in public life was equalled by few and in his private life excelled by none." The entire colony sincerely lamented his loss, for though his duty had at times compelled him to align himself against them, he was universally beloved. He was buried in the north aisle of Bruton Parish church.

34

He was succeeded by Norborne Berkeley, Baron de Botetourt, who arrived in October after an eight week's voyage. He came from Little England to Williamsburg arriving about sunset at the Capitol. There he stopped, and was formally received at the gate by the Council, the Speaker of the House of Burgesses, the Attorney General, the Treasurer and other distinguished gentlemen. He was conducted to the Council Chamber, read his Commission and took the oath of his office. The governor then swore in the members of the Council and with them proceeded to a supper at the Raleigh Tavern.

The entire city was illuminated and the welcoming events continued for several days, the colonists striving to entertain the governor while the Palace was put in order for his residence.

Throughout the colony Lord Botetourt was respected and admired, but not all his diplomacy could hold down the growing spirit of discontent with the new acts of Parliament imposing additional taxes, limiting property rights and changing the jury system. News from Massachusetts of resolutions passed there on December 30, 1767, asserting the rights of the colonies, brought an answering note from Virginia.

On May 16, 17689, they adopted similar resolutions and ordered them printed and distributed to the other colonies. Governor Botetourt two days later sent a message to the Speaker and the House of Burgesses requiring their immediate attendance in the Council Chamber where he addressed them;

"Mr. Speaker, and Gentlemen of the House of Burgesses, I have heard of your resolves, and augur ill of their effects. You have made it my duty to dissolve you, and you are dissolved accordingly".

35

They promptly adjourned to the Apollo Room of the Raleigh Tavern and there elected the late Speaker of the House of Burgesses, Peyton Randolph, moderator of their session. They drew up articles of association in a non-importation agreement, and after drinking the customary toasts, including the King, the Queen and Royal Family, Lord Botetourt, and Prosperity to Virginia, added, "The Constitutional British Liberty in America, and all true Patriots, the supporters thereof!"

Associations were formed throughout the colony, and each county had its own group of associators, pledged not to purchase any imported articles until the taxes were repealed. Not even at the ball given in honor of Lord Botetourt was the association forgotten; this social event, which was usually a brilliant occasion with the ladies and gentlemen in satins, brocades and laces was reported in the Virginia Gazette of December 14, 1769:

On Wednesday evening the Honourable the Speaker, and Gentlemen of the House of Burgesses, gave a ball at the Capitol for the entertainment of his Excellency Lord BOTETOURT; and it is with the greatest pleasure we inform our readers that the same patriotic spirit which gave rise to the association of the Gentlemen on a late event, was most agreeably manifested in the dress of the Ladies on this occasion, who, in the number of near one hundred, appeared in homespun gowns; a lively and striking instance of their acqiuiescence and concurrence in whatever may be the true and essential interest of their country. It were to be wished that all assemblies of American Ladies would exhibit a like example of public virtue and private economy, so amiably united.

During Botetourt's administration there was a dispute over the question of having a Bishop in America. A convocation of c1ergymen met to consider the Question and to make recommendations to the Burgesses. The more conservative clergymen who felt that having a 36 bishop in America would undermine British sovereignty and the State Church, carried the day.

After a long illness, Lord Botetourt died on October 15th 1770 and was buried in a vault in the Chapel of the College of William and Mary, of which he had been such a liberal patron. A tablet was erected in the Chapel, and the Burgesses subscribed a fund to erect a monument to his memory. A statue on an inscribed base was erected and placed on the piazza between the two buildingsof the Capitol.

William Nelson, the President of the Council, acted in the Governor's place until John Murray, Earl of Dunmore, was sent from New York to be Governor of Virginia. He was the second official in that capacity to have the full title of Governor, Lord Botetourt being the first, since the Capitol had been in Williamsburg. Dunmore arrived on September 25, 1771, and after being sworn in, invited the members of the Council and the gentlemen of the Colony to a dinner at the Palace.

The Countess of Dunmore arrived in March, 1774, and was accorded a royal welcome. She was evidently very popular with the Virginians, and not even Dunmore's growing unpopularity diminished this regard. The early years of Dunmore's administration were marked with many splendid legislative enactments for internal improvements. Among them were increasing the navigability of the Potomac; opening of a road from Warm Springs to Jenning's Gap; the clearing of the Mattaponi River; a plan for a canal to avoid the James River Falls; and a canal from Archer's Hope Creek to Queen's Creek running through Williamsburg, to connect the James and York Rivers.

In 1773 it was discovered that the paper money of the colony 37 had be en extensively counterfeited—a discovery which created a situation unfavorable to the Public Credit. Lord Dunmore hastily summoned the council and then called a special meeting of the Assembly. The Burgesses viewed certain phases of Dunmore's activity in handling detected counterfeiters with suspicion, believing that they infringed on their liberties.

Accordingly on March 4, 1773, the Burgesses formulated resolves creating a Committee of Correspondence and Inquiry. This was one of the most significant steps taken in any of the colonies since the resolutions against the Stamp Acts.

Thomas Jefferson described this momentous event:

Not thinking our old and leading members up to the point of forwardness and zeal which the times required, Mr Henry, Richard Henry Lee, Francis L. Lee, Mr. Carr and myself agreed to meet in the evening in a private room of the Raleigh, to consult on the state of things. There may have been a member or two more whom I do not recollect. We were all sensible that the most urgent of all measures, that of coming to an understanding with all the other colonies, to consider the British claims as a common cause to all, and to produce a unity of action; and for this purpose that a committee of correspondence in each colony would be the best instrument for intercommunication; and that their first measure would probably be, to propose a meeting of deputies from every colony, at some central place, who should be charged with the direction of the measures which should be taken by all. We therefore drew up the resolutions. The consulting members proposed to me to move them, but I urged that it should be done by Mr. Carr, my friend and brother in law, then a member, to whom I wished an opportunity should be given of making known to the house his great worth and talents. It was agreed; he moved them; they were agreed to nem. con., and a committee of correspondence appointed, of whom Peyton Randolph; the speaker, was chairman.

The resolutions as adopted at this meeting in the Raleigh Tavern were presented to the Assembly and were adopted on March 12th. An address to the Governor protesting his treatment of the Pittsylvania counterfeiters was also adopted. To this latter address the Governor gave a rude and insulting answer, resulting in the 38 prorogation of the Assembly.

On March 16th the Committee of Correspondence dispatched a circular letter to the Assemblies of the other colonies enclosing the Virginia resolutions and inviting opinions on them. Similar committees were organized in the other colonies and the machinery was ready for making a common cause against British tyranny.

At this time the East India Company shipped cargoes of tea to Boston, New York, Philadelphia and Charleston and attention was focused on these ports. In Boston the tea party resulted in the closing of the port of Boston. An association of 89 members of the House of Burgesses "having been deprived by the sudden interposition of the executive part of this government, from giving our countrymen the advice we wished to convey to them in a legislative capacity" met in the Apollo Room of the Raleigh Tavern on May 27, 1774, and protested the closing of the Boston port.

There were political caucuses, secret meetings and indignant gatherings in the Raleigh and the other taverns. Feeling grew so tense that Dunmore became fearful of an armed revolt and secretly ordered the powder stored in the in Market Square to be stored on the ship Fowey, in the York River. OnThe night before this same 19th of April whilewhen Dunmore was moving the powder, an act which precipitated the Revolution in Virginia, Paul Revere was riding to Concord proclaiming "The British are coming". So on April 20, the day after the British attempted to seize the powder at Lexington & precipitated the Revolution in Massachusetts, Dunmore's act had the same effect in Virginia.

The next morning a commission of citizens of Williamsburg, led by the mayor, recorder, aldermen and Common Council, appeared at the palace with a petition. Couched in the formal and gracious language of such petitions, "his majesty's dutiful and loyal subjects" begged leave to represent their great alarm over the removal of the powder and their consequent lack of defence from insurrections or internal defence from insurrections 39 disorders. Dunmore saw the intention beneath the grand words and replied that he pledged to return the powder to the city within half an hour after hearing of any insurrection, but added he was surprised to hear the people were under arms on this occasion and that he should not think it prudent to put the powder into their hands in such a situation.

His majesty's loyal and dutiful subjects were adamant. Many of them were under arms. Led by Patrick Henry, the Virginia militia approached Williamsburg and compelled the Receiver General, Mr. Corbin, to pay them £320 to replace the powder removed from the magazine.

Dunmore became fearful for his family, and Lady Dunmore and the children were sent aboard the yacht, Fowey. Dunmore called upon Captain Stretch of that vessel to protect the Palace, and he arrived, by a back road through the Governor's Park with 40 marines and sailors.

After these disorders, Dunmore called an assembly to meet June 1st, but disagreement followed promptly.

Inauspiciously for the troubled governor, it was just at this time that Peyton Randolph returned from Philadelphia where he had served as president of the Grand Continental Congress. He arrived with an escort "of horse and foot" about sundown. Bells were rung and Peyton Randolph was conducted to his house amidst great, acclaim. In the evening there were illuminations and an assembly at the Raleigh where the friends of liberty spent several hours and drank several patriotic toasts.

Dunmore's description of this event was written after he was safely aboard the Fowey. He fled from the Palace on the 24th of June and the place was entered by patriots who seized the arms that were 40 kept in the Hall. When Dunmore wrote of the events leading up to his enforced departure, Peyton Randolph's arrival he considered a vital factor: Fov1ey in York River

Fowey in York River
25th June 1775

…The Speaker, who had been attending the Congress at Philadelphia, arrived with an escort of horse and foot, the independent companies of Williamsburg which had marched out to meet him. This pompous military exhibition in the face and in defiance of Govt, which in this manner is entirely eclipsed, was calculated to raise the importance of the members of this new created power, the congress, before the people, and served like-wise to stir up a fresh the spirit of tumult and disorder by which it thrives. This spirit received additional vigor from the appearance of numbers of the Burgesses in the habits of new instituted American troops, wearing a shirt of coarse linen or canvass over their clothes and a tomahawk by their sides…

The streets of Williamsburg teemed with people in arms. The House of Burgesses sat with sentinels placed outside to prevent any from approaching even the wall around the courtyard . Dunmore reported to the Secretary of State that Williamsburg had become a garrison.

The session at the fortifiedarmed Capitol held on June 24th, 1775, was really the last session of the House of Burgesses, as such; for after condemning Dunmore for leaving the country without a head during such troublous times the house adjourned until October 12th, but a quorum was not present and an adjournment to the 7th of March, 1776, was voted. When this meeting took place there were still too few Burgesses present and a further adjournment to May 6th followed, and the Journal of the House of Burgesses of Virginia closes with this item: "Several members met, but did neither proceed to Business, nor adjourn as a House of Burgesses. Finis."

So dissolved one of the most historic legislative bodies in America. The Burgesses dispersed, but as members of the Virginia State House of Delegates, assembled again in the Capitol. These representatives of the people who had resisted so strongly infringements 41 of their rights and liberties on May 15, 1776 instructed their delegates to the Continental Congress to propose independence. The Union Flag of the American States waved from the Capitol during all these proceedings. The gentlemen present collected money for treating the soldiers present. The soldiers paraded the next day in Waller's Grove, northeast of the Capitol, before Brigadier-General Andrew Lewis, members of the Committee of Safety, the members of the General Convention, and the citizens of Williamsburg. The refreshments were served and there were illuminations and demonstrations.

Patrick Henry was now the Governor and it was under his administration that on July 25th, 1776, the newly enacted Declaration of Independence was proclaimed at the Capitol, the Palace, and the Court House amid firing of cannon and musketry and the shouts and acclaims of the crowds.

The Revolution was well under way and the meeting in the Capitol under the newly organized state government were filled with vital activity. The Capitol was kept in excellent condition at this time by Benjamin Powell and Humphrey Harwood, and James Galt was appointed to repair and keep the Capitol clock. One unique testimony of the affection and regard of the Virginians for Lord Botetourt is revealed in the Capitol accounts of this era—a regular payment of 20 shillings to clean his statue.

Confirmation of the news of Burgoyne's surrender reached Williamsburg on October 30, 1777, and a "feu de joy" was immediately ordered. An account of this festive event is found in the Maryland Journal:

Tuesday, November 18, 1777
Headquarters, Williamsburg, October 30, 1777.

A feu de joy this afternoon at three o'Clock on the confirmation of the glorious news of General Burgoyne and his army being prisoners of war, all the troops are to parade at the barracks, the artillery with thirteen discharges, and 42 infantry with three rounds; from thence they will proceed, in marching order, near to Mr. Powell's where they will be joined by the city militia, from thence the whole will march in platoons around the Capitol up the main street, to the common behind the court house, there the battalion will be formed, and the firing begin; thirteen discharges of cannon will be made. Under the command of Captain De la PORTE, of the artillery; and, after a short interval, three vollies will be fired by the infantry; the whole battalion will then give three cheers, in which the spectators will most joyfully join. The officers will see that the men shall be clean, shaved, their hats cocked, and their arms and accoutrements in good order. A general discharge of all prisoners from the guards on this occasion, except deserters, who cannot be ranked among the friends of the Thirteen United States. A gill of rum will be issued for every soldier, in evidence of the Governor's hearty congratulation with them on this occasion. EDWARD CARRINGTON, L.C.A.

Agreeable to the above orders the troops in this garrison together with the city Militia, formed a battalion on the common, at the court-house, where they were reviewed by General Nelson, the Speakers of the upper and lower Houses of Assembly, and many of the members; after which there were 13 discharges of cannon, and three vollies from the infantry, together with three huzzas from all present: Joy and satisfaction, upon the occasion, was evident in the countenance of every one; and the evening was celebrated with ringing of bells, illuminations, &c.

Another and more intimate account by John Page from Williamsburg is contained in his letter to General Weedon:

… You relate the Battle with Burgoyne … We have had a Feu de Joye from our troops, ringing of bells and a grand illumination, and tho' it is now past 10 at night the people are shouting and firing in Platoons about the streets … I have been obliged to go down into the streets and prevent a riot and to prevail on my neighbor Lenox to cease firing—who drunk as a lord had been endeavoring to imitate a Cannon …

Thomas Jefferson succeeded Patrick Henry as governor on June 1, 1779. Jefferson as a youth had called Williamsburg "Devilsburg" and his affection for it had not grown with the years. There had always been a minority element interested in removing the capitol from Williamsburg; with the British arriving in Virginia and military affairs pressing the state it was at last possible for Jefferson to influence the removing ofto move the Capitol to Richmond, to Jefferson's satisfaction.

43

On December 24, 1779 the House of Delegates sat for the last time in the ancient Capitol in Williamsburg, and on May 1st of the next year it convened in Richmond. The books, papers, and records of the colony and state were removed to Richmond, and the war pressed close to the abandoned city. Cornwallis came and quartered himself and staff on the town, using the Capitol, the College and other public buildings freely, and taking possession of all the able-bodied negroes.

The Capitol was also used in this period by George Wythe, who in 1779, was made Professor of Law & Police, by Jefferson, then a member of the board of visitors of William & Mary College. Thus the able lawyer who had taught Revolutionary leaders continued to teach the younger generation of statesmen. For 25 years Wythe had held an indisputed leadership in the General Court of the Colony, he was one of those signing the Declaration of Independence, and in 1791 he resigned this valuable work of teaching to St. George Tucker to go to Richmond to assume the title of Chancellor of Virginia.

Wythe held moot courts in the Capitol, in the old General Court Room. Ardent young orators pleaded causes before Judge Wythe and the lawyers and gentlemen of the city. The students were organized into legislative bodies and drew up bills and revised laws with strict regard to Parliamentary order. Wythe's influence, both direct and indirect, in shaping the affairs of the state and of the new Republic cannot be overestimated.

Cornwallis was followed by the armies of Washington and Rochambeau who assembled in and near Williamsburg for the final effort to drive Cornwallis from the Peninsula. 44 All the public buildings and private houses of Williamsburg were filled with sick and wounded soldiers. A main Continental Hospital was established in the Palace, and a main French hospital in the Capitol. The Courts of Admiralty had been ordered held in Williamsburg after the removal of the Capital, but in December of 1781, following the surrender at Yorktown, the Capitol was so filled with French sick and wounded that the courts could not meet.

On the night of December 22nd a tragic disaster occurred, when the Governor's Palace, filled with American sick and wounded, was destroyed by fire. Only two lives were lost; but the wounded had to be removed to the Capitol by the kindly assistance of General Rochambeau.

By March of 1782 the number of sick and wounded was greatly reduced and Washington recommended abandoning the Hospital in Williamsburg. In October, 1782, the building was standing unused, except for the Court of Admiralty, and the State of Virginia vested title of the lands and buildings in the Capitol Square to the city of Williamsburg for ten years for use as a grammar school.

The City of Williamsburg petitioned the legislature for the privilege of levying a tax and promoting a lottery to raise funds for the grammar school.

The Capital was being whitewashed, plastered and repaired for the opening of a grammar school, when peace with England was finally proclaimed. One last tribute to its past glory was paid on May 1, 1783. Peace was proclaimed first at the Court House to a convention of city officials and citizens while bells in the Church, College and Capitol pealed. Then in formal procession they went to the College where the proclamation was again made, and lastly to the Capitol. It was the last great solemn occasion for the 45 "Stately Fabrick" and peace with England was proclaimed at the building where the war for independence had begun. The company, in the manner of its good old days, then adjourned to spend the rest of the day at the Raleigh Tavern, in "mirth and decorum".

One last effort to save the grandeur of other days for the ancient capital was made in June — Williamsburg seriously aspired to the honor of becoming capital of the republic and offered her public lands and buildings to the cause. The competition was too great for the little city, and after a momentary hopeful flurry, Williamsburg settled back to its ear of genteel decay.

In these quiet and declining days, the traveller, Johann David Schoepf, wrote of the ruinous effect of the removal of the capital to Richmond:

Williamsburg, when compared to its former days of glory, is at present but a sorry place. With the removal of the seat of government, many merchants, lawyers, and others of its citizens also removed, thus only leaving it about one half of its former population … thus the cities of this new world already experience the uncertain fate of former grandeur and importance, which so many European cities have had to bewail in their time.

Walker Maury finally opened his Grammar School in the old Capitol on January 5, 1784. There for the moderate price of 35[illegible] year his pupils were provided with "education, board and washing". Mr. Maury was evidently an excellent teacher, to judge from the later achievements of his pupils, although he belonged to the current school of pedagogy that believed in education applied with a rod. The boarders in the Capitol school were carefully assembled each night to read English history until bed time, and then all gates were tightly locked. Maury was succeeded by the Reverend John Bracken, who took over the affairs of the grammar school in January, 1787. His pupils no longer boarded in the celebrated old building.

46

In 1790 the Capitol had become almost ruinous. The good citizens of Williamsburg secured permission from the legislature to tear down the eastern half of the building to secure funds to repair the western; and also to raise further sums for repairs by renting the old Secretary's Office.

In 1801 the maimed Statue of the beloved old Lord Botetourt was removed to the College of William and Mary. Bishop Madison performed a bit of plastic surgery in renewing a nose for the statue, and also replaced the head which had been broken.

In 1824 only a shabby part of the old structure remained, and there the chancery court sat. The other wing where Patrick Henry had electrified the Burgesses with his fiery declarations, and the colonnade were so obliterated that Ward wrote "scarce a wreck remains behind them".

On April 10, 1832, Abel P. Upshur wrote to the Governor of Virginia, "It is my unpleasant duty to inform you that the former Capitol in this city was this day entirely consumed by fire. I am happy, however, to be able to add that all the papers are saved."

The ruins of the Capitol were immediately raided and the stone steps, flags, and flooring were disappearing at such a rate that by September the Governor was advised that practically everything of value had been removed and some effort should be made to dispose of the remainder.

In 1839 an act was passed by the legislature to incorporate trustees for a Female Academy which was later erected on the historic site. Here Monsieur Le Fevre taught the young ladies of the town to read, cipher, paint and speak French. The Female Academy continued many years as the leading institution for the education 47 of young women until 1854, when Mrs. Maria H. Clopton, who had served as principal of the school, resigned to open a rival school in the Apollo Room of the Raleigh Tavern, to be called the Raleigh Institute.

While the rival pedagogs engaged in a battle for patronage in their separate historical locations, a real war was pending — War Between the States.

In the early part of the War the Female Academy was used as a hospital by the Confederates, and later, after the bloody battle of Williamsburg it was filled with wounded. After the war it served as a barracks for Union soldiers quartered in the city.

The poverty of post-war Williamsburg did not favor the renovation of the Academy, and it decayed rapidly. In 1881, the wreck was sold to the Old Dominion Land Company and the building was razed. This was the year of the Centennial Celebration at Yorktown, and the Chesapeake and Ohio Railroad was making a tremendous effort to connect their newly built road in time for the event.

The regular right of way, north of the town, proved too troublesome to connect, so a temporary track was laid on historic Duke of Gloucester Street, the remaining walls and foundations of the Female Academy were tumbled and cleared aside and a path for the "iron horse" was cleared over the very foundations of the ancient Capitol.

Just once more did Williamsburg vibrate to the excitement of momentous change, but the thrill of watching the trains go by subsided as the sight became familiar and the temporary tracks were buried in mud and clay and forgotten.

48

The Old Dominion Land Company presented the site and foundations of the old Capitol to the Society for the Preservation of Virginia Antiquities. This Society erected a tablet on the site to remind the passer-by that great deeds are more enduring than brick and stone.

On June 16, 1928, the Society which had so carefully preserved and cherished the old Capitol site presented it to the Williamsburg Holding Corporation, and on the excavated foundations of the building of 1701, stands a replica of that same "Commodious Pile" that had so excited the wonder and admiration of early travellers.

DEPARTMENT OF RESEARCH & RECORD
COLONIAL WILLIAMSBURG, INC.
H. R. Shurtleff

HISTORY OF THE COLONIAL
CAPITOL BUILDING

By an Act of the Virginia House of Burgesses in 1699, provision was made for the erection of a Government Building at Williamsburg, to be known as "The Capitol".

The building was started in 1701 and was substantially completed in 1705. It stood until 1747 when it fell a victim to a destructive fire.

It was reconstructed on the old foundations in 1751 with many changes notably the squaring of the semicircular ends of the two assembly rooms on the south side.

After 1779 when the seat of Government was removed to Richmond, the building was used by George Wythe as a convenient place to hold his moot law courts, etc. By 1794 the building was in such a state of disrepair that the assembly authorized the pulling down of one half of the building to defray the charges for keeping the other half in repair.

In 1852 the building again caught fire and was burned down. It was never again rebuilt until 1951 when Mr. John D. Rockefeller, Jr. provided the means for the Restoration of Colonial Williamsburg.

EXCAVATION OF THE SITE

The excavations to uncover the foundation walls of the old Capitol were begun in 1928.

Owing to the foresight and care of the A.P.V.A. in protecting the tops of the ancient brick foundation walls with a capping of cement, these walls were found in an excellent state of preservation. The walls were of course not complete but enough remained to determine the exact size and shape of the building.

During the course of excavation, all earth removed was screened and all fragments of materials found such as china, glass, iron, stonework, etc. were recorded and stored. The more interesting and significant objects are now on exhibition in the Museum of the Restoration.

2

Careful measured drawings and surveys of all foundations uncovered were made and all brickwork studied to determine its chronological sequence in the history of the two old buildings. A scale model was prepared of all the findings and this also is on view at the museum.

GATHERING OF DOCUMENTARY EVIDENCE

While excavation at the site was in progress, searchers were set to work on all the known sources of possible information relating to the building, and verbatim copies of all documents on the subject were made.

The Journal of the House of Burgesses was by far the most fertile field for this information and its recording in minute detail of all resolutions bearing on the construction and finish of the building, have been of inestimable value to the Architects and their associates in their task of reconstruction.

The fortunate discovery of a Copper Engraving in the Bodleian Library at Oxford, England, drawn sometime between 1732 and 1747, together with other important buildings in Williamsburg showing the north elevation or the Capitol, was a priceless find.

The search has extended over a period of more than three years and has resulted in the completion of two volumes of historical notes chronologically arranged.

PRINCIPLES OF THE RESTORATION

It was agreed among all those interested in the Restoration of the Capitol that of the two buildings erected on the site, the earlier one would offer the more interesting subject for a Restoration.

This was decided upon firstly because the early building was considered more interesting and significant as an example of the life and culture of the Colony, and secondly because far more detailed evidence relating to this first building was available.

A conscientious reconstruction of a building long since destroyed is a far more difficult undertaking than the restoration of an existing structure. Those 3 entrusted with the undertaking must subordinate all personal views and predilections and must be guided only by well authenticated evidence. Only when no evidence exists can the restorer fall back on his own resources and here he must be strictly governed by well known precedent of the period with which he is dealing.

The Architects have endeavored to be guided by the above principles but the inevitable confusion of seemingly contradictory or meagre evidence has often made it a task of great difficulty to arrive at the truth. In this task they have received the greatest assistance from the sympathetic cooperation of the members of the Committee appointed by the A.P.V.A. to oversee the restoration of the Capitol, and also from the members of the Advisory Committee of Architects appointed by the Restoration to advise on all architectural matters relating to the Restoration of Colonial Williamsburg.

A detailed report by the Architects dealing with some of the more difficult problems that have arisen is in the hands of the A.P.V.A. Committee.

The preservation of the old foundations presented a difficult problem as these old walls were no longer capable of carrying the weight of a new structure. The final solution was found in a system of concrete footings placed well below the old wall. Steel struts carried on these footings in turn supported longitudinal steel girders above the top of the old walls so that none of the weight of the new building is carried by the ancient brickwork. Although the original Capitol Building had no cellar, the new one has been so arranged that visitors may descend to see all that actually remains of the original Colonial building.

Fireproof construction has been employed throughout for obvious reasons, but in no case has this construction been allowed to modify the known thickness of the old walls and floors or to alter the exterior and interior aspect of the building in any respect.

4

PLANS MADE AND EVIDENCE PRESENTED

For more than two years the Architects were engaged in studying all available evidence and preparing many studies for the Capitol Building and in December, 1930, the result of their efforts was presented to the Committee of the A.P.V.A. together with a report on their interpretation of the available evidence. This report and the final sketches were approved by the Committee and working drawings were begun and finished a year later, December, 1931. Construction was immediately started and the building was completed and furnished in 1933.

PERRY, SHAW. AND HEPBURN,
November 6, 1933.