The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-08-25


| Taft would he very far from Intending
that the principle OF 1egnl construc"
ton the expression. or the one is the
exclusion Of the other should apply
to his remark. lie knows full we'll the
part played by tho Old Dominion Ii, the
war that resulted III the American
Union. #
Yet there Is one matter as to which
we think II not improper to call the
attention of both our contemporary
and President Taft. 1t Isl: The Primaey
OF Virginia in striking the key of
revolution, in sounding the trumpet
call that stirred the conscences and
souls Of American lovers of liberty to
action and arms. Tllat virginin's claim
to this immortal distinction Is para
| mount to that OF all others we believe
is established by DR.. Lyon q. Tyler.
iprcstdent OF William and Mary Col
lege, the patriotic ana scholarly con-
servator Of Virginia history. In an.
article in the latest issue of the Wiz
liam and Mary Quarterly entitled "Thc
Leadership offyirginia III the War Of
the Revolutions" he sets forth his
grounds as to why the "Two-Penny
Act" OF Virginia has a superior claim
over tile writs OF assistance In Massa-
| chusetts, so far as kindling the flame
] of the Revolution is concerned.
ct,nnot, =,
| assistance, In 1861, has been eItolled
by many New England writer's as the
prelude, II not the opening, of the
Revolutionary Drama. My opinion
as Virginian may be subject to sus-
! pfcion, but think that the controversy
involved ingthe Two-Penny Act in Vir-
ginia Can act fixing the amount Of
tobacco to be paid as levy for the
support OF the clergy) has much
better title to that great honor. Let
the facts decide"
The rwo-Penny Act controversy was.
first In point OF time, according to DIR.
Tyler, for when the act was passed
in 1856 colonial resistance began, while
1T was not until 1861 that Mr.. Otis
made his speech.
In the second place, points out DR..
Tyler. the Virginia controversy had
"a direct connection with the revenue
question, which is commonly admit
tied to have been the immediate cause
of the Revolution. The Colonies claim
ed that the control of the treasury
was local right Inherent in the local
assemblies. The Two-Penny Act as
serted this right against the Kings
authority, Just as the resolutions Of
| Patrick Henry in 1866 asserted the
| same right against the Parliament.
| The affair OF the writs OF assistance
| simply involved legal question, which
was as applicable to one place in the
British Empire as another, and the
Massachusetts Assembly did not de-
| ny the right OF the British Parliament
| to make laws for the American contt-
nent. Otis spoke for the privileges
of a British subject
Another consideration in favor Of
| the superior rank and Importance of
| the Two-Penny Act is that it involv-
! ed "the Assembly, the Governor the
! Council, several county courts, the
clergy, several pamphleteers, lawyers
and orators, and even the King and
| privy council Of England The cause
| advocated by Otis touched only few
Massachusetts merchants, few ora
tors and lawyers, and tho supreme
| court of the colony. The comparative
importance is obvious.
an the latter conference.-the Two
1 Penny Act-pamphlets antedating5
4 Otis's speech proceeded from Carterand
| Bland, in which the ultimate authority
| of the Virginia assembly in local mat
I tiers was maintained. There is als.5
contemporary evidence that Patrick
Henry, In 1863, uttered the words of
treason, and none that Otis ever did,
| The striking paragraph from ~ Ohm
! Adams describing Otis as "a flame OF,
| fire, which is often quoted to support,
his imputed Righteousness, was written
| by John Adams fiftH-scvens years after
the event occurred
The fact is also brought out that the,
| struggle over the writs of assistance,
was simply "a legal fight" while in
the case OF the TwoPenny Act the
| question was aggravated by the re-
,ISligious features. connected with it.
The growth of dissent in Virginia
was immensely encouraged by the
| victory obtained over the Established
| Church which had identified itself with
1 the prerogatives Of the Crown. In the
subsequent agitations. the advanced