The Virginia Gazette

TO ALEXANDER SPOTSWOOD, ESQ;

SIR,

SINCE you have given yourself the Trouble, to make a Complaint to the World, in a common News-Paper, of a public Injury you received, from a late Proceeding of the House of Burgesses, which, you say, has placed your Name in a disadvantageous Light, I think myself obliged, on Account of the Relation I have to them, without other Apology, to vindicate that Proceeding: Tho if you had been pleased to have pointed your Resentments at none but myself, perhaps I should not have troubled you with an Answer, but willingly have indulged you in the Pleasure you seem to have had, in writing your extraordinary Letter; or even if you had stated your Case so fully as was necessary to enable your Judges to determine the Question, without hearing the other Side, I would have submitted it without appearing against you: But as you have thought fit to take no Notice of any Thing beyond the Session of 1734, and there are many material Facts, which thro' the Length of Time wherein this Matter has been depending may have slipped your Memory, I hope if I put you in Mind of them, it will give you no Offence: If it Should, you will appear an Enemy to Truth, which might lessen the Character of a Gentleman of your great Candor, rather more than the Burgesses have done.

Be pleased then, Sir, to give me Leave to lay before you, a Short History of all the Transactions of your Case, from the Beginning, to the Time of this unmannerly Vote upon the Journal of the House of Burgesses, which you call a printed Paper, and will take in the Compass of near Sixteen Years.

In the Year 1720, you passed an Act of Assembly, among other Things, for paying to yourself, or to the Governor, or Commander in Chief, for the Time being, the Sum of 1500 l, 500 l. of which was to be laid out, in Building a Church, Court-house, Prison, Pillory, and Stocks, in the County of Spotsylvania; and the rest to be laid out, in Arms and Ammunition, for the Use of such as should afterwards go to inhabit in the County of Spotsylvania, or on or near the Branches of Roanoke, in the County of Brunswick, in equal Proportion: Which was intended for an Encouragement to the Peopling those Frontiers as soon as possible. When you received the Money appropriated to the Buildings in Spotsylvania, need not be mentioned, since the Matter is over: But you issued your Warrant the 17th Day of May, 1722, upon the then Treasurer, to pay yourself One Thousand Pounds, for So much directed by Act of Assembly to be paid to you, for providing Arms, &c. for the Counties of Spotsylvania, and Brunswick; which was paid accordingly in a few Days. In September following, you were superseded by Mr. Drysdale; and the Ballance remaining of that Sum unapplied by you, is the Matter now in Question.

After Four Years had passed, from the Date of your Warrant, at a General Assembly held in May, in the Year 1726, when you were in England, The House of Burgesses finding it necessary to enquire into the Application of this Money, Ordered your Attorneys to prepare an Account how it had been disposed of, and lay it before the House, at the next Session.

At the next Assembly held in the Beginning of February 1727, Mr. Greme, your Agent, desired a Member to inform the House of Burgesses, That he was a Stranger to the several Transactions, relating to the Disposition of that Money, and that he was not able at that Juncture to lay any perfect Account before the House; and therefore prayed to be allowed some further Time: Tho' you will be pleased to observe, a Year and Nine Months had passed between that and the first Order.

The House did not think fit to indulge him in this Petition; but ordered him to attend at a Day appointed, and to lay such Account before them as he was able to state. He accordingly attended, and laid before the House a long Account, with the Vouchers; which were referred to a Committee, to examine, and make a Report.

The Committee reported the Matter as it appeared to them: As to the 1000l. that the Sum of 534l. 6d. Sterling, had been expended in Arms and Ammunition, of which 240 Muskets, Bayonets and Cartouch Boxes, had been distributed in Spotsylvania; and 60 more, with Six Barrels of Powder, and 2000 Pounds of Bullets (being the whole Ammunition,) were still reserved for that County, and that no more than 100 Muskets with Bayonets and Cartouch Boxes had been distributed in Brunswick: That 257l. and 3d. being 50 per Cent. was charged upon the first Cost, for Difference of Exchange, Trouble, and risque, and 24l. 9s. 3d. for Sloop-hire, Carting, and other Expences.

When this Report came to be considered, the House thought it strange to be charged 50 per Cent. upon the first Cost, when you had had the public Money near Five Years in your Hands; and therefore reduced that Charge, to 15 per Cent. for the Difference of Exchange; and referred the rest of your Account to the Consideration of the next Session of Assembly: After this. tho' the Disposition of the 1000l. was plainly stated, with a Wrong to the People of Brunswick, as to the Proportion which the Act declared should be equal, you took no Step towards laying out of the rest of the Money.

In the Beginning of the Year 1730, you return'd to Virginia, just before the next Session of Assembly, held in May. In this Session, the House of Burgesses made an Order, that you should lay before them your Account of this Money at a Day appointed; which you did accordingly: And the same was again referred to a Committee; upon whose Report it appeared, That you had charged a considerable Sum of Money laid out on the Buildings in Spotsylvania, above the 500l. appropriated to that Purpose; and likewise another large Sum, for Expences in your Journey to Albany, to meet the Five Nations, over and above the Sum contributed by the General Assembly towards that Expence; which it may be necessary to explain.

In the Year 1722, you acquainted the Burgesses with frequent Inroads made by the Northern Indians, into this Country, to the Terror of the Inhabitants upon the Frontiers, and the Discouragement of Settlements there; and that they desired a new Treaty with us at Albany; that the Revenue of 2s. per Hogshead was then very low, and not able to defray the whole Expence of such an Undertaking: Therefore you desired them to contribute something out of the Money in the Hands of their Treasurer; and gave private Hints of the Sum that would be sufficient: Accordingly they voted 1000l. in Aid of that Revenue.

Now, Sir, when the House entred upon the Consideration of this Report, of the Law, which put the 1500l. into your Hands, and of the Vote for the 1000l. it appeared clearly, that you have no Power to exceed 500l. in the Buildings; that they had nothing further to do with your Expences to Albany, as they properly belong'd to a Revenue out of their Power: Yet tho' the Bounty of the Assembly to the People of Brunswick, would have been almost entirely frustrated, being quite wearied out with your Accounts; there was a Disposition among them, to have discharged you from the Ballance. When this was made known to you, then, and not before, you opened your self clearly, and declared you would not accept of it, but that you had other Views; if you could not have the Money here, you would try your Interest in England; in which you have met with all the Success you could expect; not so much by your own Interest, as the favourable Representation of the Governor and Council here, and the Assistance of other Persons whose Names need not be mentioned.

Then the House Resolved, That you were in Arrear to the County of Brunswick, 239l. 17s. after allowing you for the Trouble this Money had given you, 100l. still in Prejudice to the Proportion of that County.

After Two Years more had passed, another Session was held in March, 1732; and the Members for Brunswick complaining, That you had not furnished the Inhabitants of that County with Arms to the Value of the Ballance voted to be due at the Session before, The House Resolved, That Col. H. Harrison should be impowered to demand and receive of you the Sum before mentioned, or Arms to that Value; of which you had regular Notice.

Then you desired Mr. Attorney-General to inform the House, that you were willing to send for the Arms, by the first Opportunity; and, your Letter being produced, the House Resolved themselves satisfied with your Engagement.

Now, I am charged with a Discourse with your Merchant in London, to which you would impute your Disappointments. You are a little mistaken in Point of Time, when you plac'd it in the Year 1733; for it happened about the Time of Shipping Goods the Year before. The Laws of private Conversation, will not permit me to discover the Occasion of my telling him, that I supposed if he sent the Arms next Year, that is, in the Year 1733, it might do. However, near Two Years more had pass'd, when the Assembly sat again. And the House of Burgesses were again informed, that no Arms were provided for the County of Brunswick: and Mr. Attorney-General produced your Letter of Excuse for not having complied with your Engagement; which being read, they referred the Matter to the Consideration of the next Session. Then, August the 30th last, the Matter came before the House of Burgesses again, upon a Report of one of their Committees. The Speaker produced your Letter, which was read, and a Debate arose upon it: The bringing an Action immediately, was proposed; your Friends opposed it, and moved, to give you Time til the First of June next, for bringing in the Arms; and then, upon a Failure, to bring an Action. Accordingly, that Question was agreed to be put: Then the Member, who was intrusted by you, stood up, and presented your Bills of Exchange, acquainting the House, That he was desired, in Case the House should not put off the Matter, to offer those Bills, drawn for 191l. 17s. 8d. After which the Question was put, and the Vote pass'd, Nemine Contradicente.

This, Sir, is your Case, particularly and truly stated. And I will appeal to Yourself, in a cooler and more sedate Temper than when you wrote your Letter, Whether you can be justified?

You were intrusted with Money, for the Good of a Body of poor People, with 500l. for the poor Inhabitants of Brunswick; which you had no Reason to take into your Hands, but to prevent your Successor from meddling with it. You go to England, and stay near 6 Years.---- You do not instruct your Agent, if he spoke Truth, to make up your Accounts when they should be called for.--- During your Stay there, you had an Opportunity of providing these Arms.---.- You take no Step towards it.---- When your Agent was called upon, for the Accounts, you suffer'd a Year and 9 Months to pass.----But do Nothing; and make him pretend himself to be still a Stranger to the Matter. When he is press'd, he produces a shameful Account, made up in direct Contradiction to the plain Words of the Law, and extremely to your Dishonour, containing Articles against the Opinion and Judgment of your best Friends, and made Use of only to serve other Views. When you return'd to Virginia, you insist upon this Account, which all the World would have judged against you: Your Ballance is settled: ---- Two Years afterwards, you vouchsafe to engage to pay it. --- Four Years more pass, and Nothing done. And what is your Excuse? ---- Truly such a one, as I was sincerely sorry to read.

My Conversation with your Merchant, when I had just as much to do with that particular Matter, as any other Man in England; and my telling him to send them the next Year ; my Orders, you see, were no better obey'd than yours: Three Years more are gone; and now the poor Merchant has forgot it. Will this bear Examining? Does not every Body know this Merchant to be as punctual and exact a Man as any in London? Do you think displaying Facts at this Rate, will not lead discerning Men into Conjectures, that this is not the Cause of the Disappointment the Men of Brunswick have suffer'd. But then your Bill of Exchange exposes the ill Breeding of the House, and renders them utterly inexcusable : Why, Sir, the Bill was Nothing, payable to No-body, not to be paid like other Bills, but upon a Contingency ; drawn too, for a less Sum than you are bound to pay. You were allow'd, in 1730, 15 per Cent. for the Difference of Exchange.--- Do you, or can any Man think, that, because you have retain'd the Money 6 Years since the Settlement of your Account, and 4 Years before, you should now increase the Difference 10 per Cent. more, which you have allow'd your self in that Bill ? Do you deal with your Debtors at that Rate, give them Interest for keeping you out of your Money ?

Then, Sir, let me say a Word for the SPEAKER : You writ him a mighty civil Letter ; and he is very sensible of the Honour you did him : But, he consider'd, that your Backwardness in this Business, had been a Subject of Debate, in Six Sessions of Assembly, in the Course of Ten Years; and that therefore it was absolutely necessary to bring it to a Conclusion. He observed a particular Piece of Cunning, in the Management of this notable Bill; you had not said a Word of it, in your Letter to him: He was only to use his Interest to put it off Two Years longer ; then the Bill was not to be mentioned : But, when that cou'd not be obtain'd, that the Question might be interrupted, out came the Bill : He abhors all such Cunning ; and besides, never intends to exchange his Duty and Integrity for Civilities.

To conclude, I do assure you, no Body wou'd be more concern'd than my self, to see you slighted by any Body of Men, or in any Degree deprived of the Respect due to a Gentleman of your Character ; and to see you injured; would afflict me still more : Yet, Sir, as Mens Thoughts are not in their own Power, mine will take their Course, as well about your Actions, as those of others. This last Step must have resulted from some sudden Passion of your Mind, in a very unguarded Season, and in the Absence of your great Prudence; otherwise you would never have wrote such a Letter : Which, I assure you, is look'd upon, by many People of Sense, to be a very unnecessary Performance, and the rather, in respect to an Inconsistency they discover in it: You would place your self above a Determination of the Representatives of all the People of your Country, in a very plain Case; because you were so fortunate as to have been a Governor 12 Years : And at the same Time, treat that Body, without any Decorum, in Terms not fit to be used against any Power in Being, without any possible Advantage to your Reputation, only to increase the Number of your Enemies, and without any reasonable Hope of gaining either Friends,----or Applause.

I am, with very great Respect,

Sir, your most obedient Servant,

JOHN RANDOLPH.