UNCONSTITUTIONAL AND UNJUST
Henry's fifth resolution brought his argument to its logical conclusion. Having established Virginians' inherent rights, he declared that Virginia's General Assembly alone held legitimate taxing authority.
But Henry didn't stop there. He branded Parliament's Stamp Act as unconstitutional tyranny:
"And that every Attempt to vest such Power in any other Person or Persons whatever, than the General Assembly aforesaid, is illegal, unconstitutional and unjust, and have a manifest Tendency to destroy British as well as American Liberty."
This fifth resolution triggered the firestorm.
"IF THIS BE TREASON"
In the heated debate that followed, Patrick Henry delivered words that would echo through American history. His biographer William Wirt captured what happened:
"It was in the midst of this magnificent debate, while he was descanting on the tyranny of the obnoxious Act, that he exclaimed, in a voice of thunder, and with the look of a god, 'Caesar had his Brutus - Charles the first, his Cromwell - and George the third - '"
The chamber erupted. "'Treason,' cried the Speaker - 'treason, treason,' echoed from every part of the House."
With every eye fixed on him, Henry could have backed down. Instead, he doubled down:
"Henry faltered not an instant; but rising to a loftier attitude, and fixing on the Speaker an eye of the most determined fire, he finished his sentence with the firmest emphasis) 'may profit by their example. If this be treason, make the most of it.'"
A young Thomas Jefferson witnessed the confrontation, later recalling "torrents of sublime eloquence from mr Henry."
VICTORY BY A SINGLE VOTE
Jefferson's account reveals how close it came: "They were opposed by Randolph, Bland, Pendleton, Nicholas, Wythe & all the old members whose influence in the house had, till then, been unbroken."
The old guard versus the firebrand. The fifth resolution "was carried but by a single vote. the debate on it was most bloody."
Jefferson overheard establishment dismay: "Peyton Randolph, after the vote, came out of the house, and said, as he entered the lobby, 'by god, I would have given 500. guineas for a single vote.'"
Henry's constitutional challenge survived by the narrowest margin - between colonial submission and the path to resistance.
THE ESTABLISHMENT STRIKES BACK - AND FAILS
Henry made a critical miscalculation. After passage, he departed for home. Virginia's political establishment moved swiftly:
"The next day, under pressure from the governor and the Council, the House rescinded Henry's fifth resolution and had it erased from the official journal. Virginia's royal governor, Francis Fauquier, even prevented the publication of the four resolutions in the Virginia Gazette."
Censorship, however, proved ineffective. The resolutions spread throughout the colonies despite official suppression. Rhode Island incorporated them into their own resolves, reproducing Henry's allegedly expunged fifth resolution almost word for word.
TOO DANGEROUS TO VOTE?
Henry's sixth and seventh resolutions were apparently too radical even to vote on.
The sixth declared Virginians owed no obedience to unconstitutional acts - the foundational principle behind nullification.
The seventh turned the tables. After being branded treasonous, Henry declared that anyone supporting Parliamentary taxation was "AN ENEMY TO THIS HIS MAJESTY'S COLONY."
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