a most dramatic form, constitutional positions the
burgesses themselves well understood. The burgesses had developed their
constitutional positions during the 1750's in response to a series of
minor, isolated events--royal disallowance, the Pistole Fee
Controversy, and the Two-Penny Act.

After trying for years to codify and reform laws long in use, the
General Assembly in 1748 completed a general revision of the laws.
Included in these revisions were several laws already in force and
approved by the crown. The assembly did not include a suspending clause
with these acts, (holding up their implementation until the crown had
an opportunity to approve them). While a suspending clause was supposed
to be attached, the assembly had not done so regularly for years and
the governors had not challenged them, nor had the crown complained. In
1752, however, the crown disallowed half-a-dozen laws, claiming the
assembly had intruded upon the king's rights and ignored the governor's
instructions. Angered, the assembly protested this "new" behavior by
the crown and asserted they could not remember when the king had vetoed
laws which were of no consequence to the crown, nor contrary to
parliamentary law, but which were of importance to Virginia. It was the
beginning of a long struggle.

In 1752 there also occurred a second and more decisive dispute--the
Pistole Fee Controversy. One of the frequently overlooked events in
Virginia, this debate between the royal governor and the House of
Burgesses brought forth the classic constitutional defense by the house
of its right, and its right alone, to tax Virginians. The burgesses'
powers, as proclaimed by Richard Bland, became the fundamental argument
by Virginians against royal encroachment upon what they believed were
their rights.

Shortly after his arrival in Virginia Governor Robert Dinwiddie
announced his intention to charge one pistole (a Spanish coin worth
about $3.50) for applying the governor's seal to all land grants. The
council, believing this was a routine fee for a service rendered,
concurred. The storm of protest which followed amazed Dinwiddie. The
burgesses accused Dinwiddie of usurping a right not his in order to
line his pockets. This was not a fee, it was a tax, and only the
burgesses could initiate a tax on Virginians. Dinwiddie denied that the
fee was solely for his personal remuneration. Instead, he maintained
his aim was to return to the tax rolls millions of acre