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The Origins of a Free Press in Prerevolutionary ... - Web Publishing

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46<br />

Resolved, That it is the undoubted Right <strong>of</strong> this House to search the<br />

Journals <strong>of</strong> the Council, as to their Proceed<strong>in</strong>gs upon any Bills or other<br />

Matters, sent from this House to the Council.<br />

Resolved, That the Council’s order<strong>in</strong>g their Clerk to refuse the Committee<br />

appo<strong>in</strong>ted by this House to search their Journals, as to their Proceed<strong>in</strong>gs<br />

upon the Bill, For Divid<strong>in</strong>g the Counties <strong>of</strong> Orange and Goochland, is a<br />

Violation <strong>of</strong> that Right, an high Infr<strong>in</strong>gement <strong>of</strong> the Privileges <strong>of</strong> this<br />

House, and tends to <strong>in</strong>terrupt that Union and Harmony which ought ever<br />

to subsist between every Branch <strong>of</strong> the Legislature. 100<br />

While they passed the bills <strong>in</strong> question, realign<strong>in</strong>g the borders <strong>of</strong> the two counties,<br />

the two houses cont<strong>in</strong>ued the dispute.<br />

<strong>The</strong> next move put pr<strong>in</strong>ter Parks right <strong>in</strong> the middle <strong>of</strong> the power struggle.<br />

Council decided to take the argument public via the newspapers, and delivered to<br />

the pr<strong>in</strong>t<strong>in</strong>g <strong>of</strong>fice an order to publish their next response <strong>in</strong> the Virg<strong>in</strong>ia Gazette.<br />

What Parks’ assistant had pr<strong>in</strong>ted <strong>in</strong> his absence, but apparently had not yet<br />

distributed, were these “heated resolves” aga<strong>in</strong>st the burgesses. Parks saw this would<br />

cause trouble with the burgesses, who voted his salary, so he went before the council<br />

and expla<strong>in</strong>ed he had been threatened with both arrest and a loss <strong>of</strong> his salary if he<br />

complied with council’s orders. <strong>The</strong>y refused to back <strong>of</strong>f, and aga<strong>in</strong> ordered him to<br />

publish. <strong>The</strong> next gazette came out without the resolves, and the council demanded<br />

his appearance and asked why Parks had failed to comply. Governor Gooch had<br />

commanded him to defer publication, but several months later Parks petitioned the<br />

council with an apology, and forty copies <strong>of</strong> the resolves. <strong>The</strong>se accused the<br />

burgesses <strong>of</strong> act<strong>in</strong>g contrary to “ancient, decent, and establish’d Methods,” forc<strong>in</strong>g<br />

the Councilors to the unusual method <strong>of</strong> air<strong>in</strong>g their grievances <strong>in</strong> the newspaper:<br />

“the Council f<strong>in</strong>d themselves under the unpleas<strong>in</strong>g Necessity <strong>of</strong> publickly<br />

v<strong>in</strong>dicat<strong>in</strong>g the Legality <strong>of</strong> their Proceed<strong>in</strong>g, which has been reflected upon with<br />

such mistaken Heat, and unparrallel’d Severity.” At that, the House <strong>of</strong> Burgesses<br />

brought Parks <strong>in</strong> custody before them, to answer “for pr<strong>in</strong>t<strong>in</strong>g and publish<strong>in</strong>g <strong>in</strong> the<br />

100 Ibid., 2:337.

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