Patrick Henry

Henry was born on the family farm, Studley, in Hanover County in the Colony of Virginia, on May 29, 1736.[1] His father was John Henry, an immigrant from Aberdeenshire, Scotland, who had attended King's College, University of Aberdeen, before emigrating to Virginia in the 1720s.[2] Settling in Hanover County in about 1732, John Henry married Sarah Winston Syme, a wealthy widow from a prominent local family of English ancestry.[3]

Patrick Henry shared his name with his uncle, an Anglican minister, and until the elder Patrick's death in 1777 often went as Patrick Henry Jr.[4] Henry attended a local school until about the age of 10. There was no academy in Hanover County, and he was tutored at home by his father.[5] The young Henry engaged in the typical recreations of the times, such as music and dancing, and was particularly fond of hunting.[6] Since the family's stock, considerable lands, and slaves would pass to his older half-brother John Syme Jr., [7] due to the custom of primogeniture, Henry needed to make his own way in the world. At age 15, he became a clerk for a local merchant and a year later opened a store with his older brother William. The store was not successful.[1] His sisters were pioneer and writer Annie Henry Christian and Elizabeth Henry Campbell Russell, a Methodist lay leader.[8]

The religious revival known as the Great Awakening reached Virginia when Henry was a child. His father was staunchly Anglican, but his mother often took him to hear Presbyterian preachers. Although Henry remained a lifelong Anglican communicant, ministers such as Samuel Davies taught him that it is not enough to save one's own soul, but one should help to save society. He also learned that oratory should reach the heart, not just persuade based on reason.[9] His oratorical technique would follow that of these preachers, seeking to reach the people by speaking to them in their own language.[10]

Religion played a key role in Henry's life; his father and namesake uncle were both devout and were both major influences in his life. Nevertheless, he was uncomfortable with the role of the Anglican Church as the established religion in Virginia, and he fought for religious liberty throughout his career. Henry wrote to a group of Baptists who had sent a letter of congratulations following Henry's 1776 election as governor, "My earnest wish is, that Christian charity, forbearance and love may unite all different persuasions as brethren."[11] He criticized his state of Virginia, feeling that slavery and lack of religious toleration had retarded its development. He told the Virginia Ratifying Convention in 1788, "That religion or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence, and therefore all men have an equal, natural and unalienable right to the free exercise of religion according to the dictates of conscience, and that no particular religious sect or society ought to be favored or established by law in preference to others."[11]

View of Rural Plains near Totopotomoy Creek in Virginia. Henry was reportedly married to Sarah Shelton in the parlor.

In 1754, Henry married Sarah Shelton, reportedly in the parlor of her family house, Rural Plains. (It also became known as Shelton House.) As a wedding gift, her father gave the couple six slaves and the 300-acre (1.2 km²) Pine Slash Farm near Mechanicsville. Pine Slash was exhausted from earlier cultivations, and Henry worked with the slaves to clear fresh fields. The latter half of the 1750s were years of drought in Virginia, and after the main house burned down, Henry gave up and moved to the Hanover Tavern, owned by Sarah's father.[12]

Henry often served as host at Hanover Tavern as part of his duties and entertained the guests by playing the fiddle. Among those who stayed there during this time was Thomas Jefferson, aged 17, en route to his studies at the College of William & Mary, and who later wrote that he became well acquainted with Henry then, despite their age difference of six years.[13] At the behest of Jefferson, Henry occasionally attended lectures at the College of William & Mary, where he was briefly under the tutelage of St. George Tucker.[14] Jefferson in 1824 told Daniel Webster, "Patrick Henry was originally a bar-keeper", a characterization that Henry's biographers have found to be unfair; that his position was more general than that, and that the main business of Hanover Tavern was serving travelers, not alcohol. William Wirt, Henry's earliest biographer, rejects Jefferson's suggestion that Henry's profession was a bartender but notes it would have been "very natural in Mr. Henry's situation" to do what was necessary to ensure that guests were properly seen to.[15]

Henry did not sit in the Fourth Virginia Convention which met in December 1775,[90] as he was ineligible because of his military commission.[91] Once he was again a civilian, the freeholders of Hanover County in April 1776 elected him to the fifth convention, to meet the following month.[92] Most delegates were for independence but were divided on how and when to declare it. Henry introduced a resolution declaring Virginia independent and urging the Congress to declare all the colonies free. When he at last spoke, according to clergyman Edmund Randolph, Henry "appeared in an element for which he was born. To cut the knot, which calm prudence was puzzled to untie, was worthy of the magnificence of his genius. He entered into no subtlety of reasoning but was roused by the now apparent spirit of the people as a pillar of fire, which notwithstanding the darkness of the prospect would conduct to the promised land."[93] The eventual resolution was based in large part on Henry's and passed unanimously on May 15, 1776. As well as declaring Virginia independent, the resolution instructed the state's delegates in Congress to press for American independence, which they would, with Lee introducing the motion and Jefferson penning the Declaration.[94]

The convention then proceeded to consider a constitution for Virginia's government. Henry was appointed to a committee under the leadership of Archibald Cary.[95] Much of the work fell to the final appointee to the committee, George Mason of Fairfax County, who did not arrive in Williamsburg until May 18, delayed by illness. Mason first drafted a Declaration of Rights; it was discussed in the Cary Committee on May 25. Mason's draft, more than the final declaration, would be highly influential, used by Jefferson in writing the Declaration of Independence and by writers of many 18th and 19th century state constitutions. When the draft was debated, Henry, at the request of a young delegate from Orange County, James Madison, produced an amendment changing Mason's call for religious tolerance to one requiring full freedom of religion. This was seen as a threat to Virginia's established religion, Anglicanism, and did not pass. Madison reworked it and had another delegate introduce it, likely Edmund Randolph, and it passed. Mason's draft called for a ban on bills of attainder. Henry got it removed by telling the delegates that some high offender might be reached by no other means.[96] The convention approved the Declaration of Rights on June 12.[97]

Virginia's form of government, to be placed in its constitution, became a national concern; Jefferson, in Philadelphia though he would have preferred to be in Williamsburg, sent a plan, and John Adams sent Henry a pamphlet containing his own views, to which Henry replied, "your sentiments are precisely the same I have long since taken up, and they come recommended by you".[98] But it was Mason's plan for the government of Virginia which dominated, with much power given to the Virginia House of Delegates, the lower house of the legislature. The House of Delegates and the Senate of Virginia together formed the General Assembly, as the Virginia legislature is known. Under the 1776 constitution, the governor, elected by the two houses of the legislature, was not even given the power to veto legislation and was required to act with the approval of the Governor's Council on important matters. Henry opposed the weakness of the governor, feeling it was risky at a time of war to have the executive so weak, but his views did not prevail. He had reason to rue the office's lack of power, as on June 29, 1776, the convention elected him as Virginia's first post-independence governor, by 60 votes to 45 for Thomas Nelson Jr.[1][99] The election of Henry, at that time Virginia's most popular politician, helped assure acceptance of the new authorities[100] but also placed him in a figurehead position, removed from the true power in the new government, the House of Delegates.[101]

Henry was taken ill almost immediately upon being sworn in as governor on July 5 and recuperated at Scotchtown. He returned to Williamsburg in September and corresponded with General Washington about the military situation. Washington, who was less effective because of the inadequacies of his troops, complained about the state militias, feeling a Continental Army committed for the duration of the war was needed. Henry helped recruit new troops for Washington, but his efforts were hampered by several issues, including the weakness of Henry's office. In December 1776, with the General Assembly alarmed at reports Washington's army was in retreat as the British occupied Philadelphia, legislators granted Henry temporary expanded powers, something that Jefferson was still unhappy about years later, feeling that Henry was trying to set himself up as dictator. In March 1777, Henry wrote to Washington seeking permission to recruit soldiers for terms of up to eight months. Washington's anger in his response that such troops were not useful caused Henry to drop the matter, stating that he deferred to Washington's experience in military matters. Recruiting remained a problem; many Virginians were willing to be members of the county militia but did not want to join the Continental Army lest they be sent out of state or exposed to disease.[100][102] Desertion was also a problem Henry labored to solve with limited success; many Virginians had been induced to enlist with promises they would not be sent outside the state or local area, and they left when orders came to march.[103]

Henry was elected to a second one-year term without opposition and took the oath on July 2, 1777. On October 25 at Scotchtown, he married Dorothea Dandridge, daughter of his old client, Nathaniel West Dandridge of Hanover County.[104] This made him closer kin to Washington, as Nathaniel Dandridge was Martha Washington's uncle.[105] To add to the six children he had by Sarah Henry, he would have eleven more by Dorothea, though two by the second marriage died very young. She brought 12 slaves with her, adding to the 30 Patrick Henry already had. He sold Scotchtown in 1777 and moved to Leatherwood Plantation in Henry County, which the General Assembly had just created and named for him.[106]

When Washington and his troops encamped at Valley Forge in the winter of 1777–78, Henry arranged for livestock and other food to be sent to their relief. There was discontent against Washington, who was not seen by some as a successful general, and this resulted in the so-called Conway Cabal. Henry supported Washington when Dr. Benjamin Rush of Philadelphia, one of those unenthusiastic about Washington, sent the governor an unsigned letter, discussing machinations against the general. Henry immediately sent Washington the letter, and though it is uncertain if Henry recognized Rush's handwriting, Washington did, tipping him off to the conspiracy. President Washington wrote of Henry in 1794, "I have always respected and esteemed him; nay more, I have conceived myself under obligation to him for the friendly manner in which he transmitted to me some insidious anonymous writings in the close of the year 1777 with a view to embark him in the opposition that was forming against me at that time".[107]

In an effort to secure Virginia's vast claims in the West (to the Mississippi River and north to present-day Minnesota) against British and Native American forces, Henry in December 1777 sent George Rogers Clark on an expedition against Kaskaskia, site of a British and French settlement. This part of Clark's mission was secret; his public orders merely stated he was to raise a militia and go to Kentucky (then part of Virginia). Clark captured Kaskaskia in July 1778 and remained north of the Ohio River for the remainder of Henry's governorship. Although the expedition did not turn out as well as hoped, Henry trumpeted its successes, but after he left the governorship in 1779 and was elected to the House of Delegates, he became a foe of Clark.[108]

Boulder and plaque marking former location of Leatherwood Plantation in Henry County, Virginia

Henry was elected to a third term on May 29, 1778, again without opposition. Jefferson led the committee of notables sent to inform him of his election. In December 1778, Henry sent an urgent appeal to Congress for naval aid in protecting Chesapeake Bay. None was forthcoming,[109] and on May 8, 1779, in the final days of Henry's governorship, British ships under Sir George Collier entered the bay, landed troops, and took Portsmouth and Suffolk, destroying valuable supplies. The British departed on May 24, and Henry, limited to three consecutive terms in office by the 1776 constitution, left office soon after, succeeded by Jefferson, and with his family returned to Leatherwood.[110]

At Leatherwood, Henry devoted himself to local affairs in the thinly-populated county and was given seats on the county court (the local governing body), as prominent landowners were, and on the parish vestry. He refused to be elected a delegate to Congress, stating that his personal business and past illness made that impossible. When Governor Jefferson sent a note to him in early 1780, Henry replied with gratitude, complaining of his isolation, and wrote of his many concerns about the state of affairs as the war continued. The freeholders of Henry County soon thereafter sent its eponym to the House of Delegates. But within weeks, health problems recurred, causing his return to Leatherwood.[111] While in Richmond (where the capital had been moved) Henry opposed a congressional plan to revalue Continental currency and impose certain taxes, feeling it would mostly benefit the North. He was successful in defeating it, but after he left Richmond, supporters persuaded the legislature to pass it.[112] Once he returned home, he was heavily involved in efforts to recruit local volunteers to suppress bands of Loyalists who were conducting raids in the frontier area. Henry rode with the troops, though he did not lead them, and they were generally successful in suppressing the resistance. The volunteers were disbanded in September 1780.[113]

In January 1781, British forces under the renegade former American general, Benedict Arnold, sailed up the James River and captured Richmond with little opposition as Henry joined the other legislators and Governor Jefferson in fleeing to Charlottesville. Although Arnold soon withdrew to Portsmouth, in February, troops under Lord Cornwallis entered the state from North Carolina; the war, which had for the most part been fought out of state, would have many of its final moves played in Virginia. With Washington's army near New York, Henry sought to recruit soldiers to defend the state and in March helped draft an angry remonstrance from the House of Delegates to Congress, demanding help. Nevertheless, in May, British forces under Colonel Banastre Tarleton raided Charlottesville, nearly capturing the Virginia government, which fled to Staunton.[114] There is a story that Henry fled with other prominent leaders and sought refuge at the home of a woman who initially spurned them as cowards for fleeing Charlottesville. But on learning Henry was with the group, she decided it must be all right, and offered them the best she had.[115]

Jefferson did not go to Staunton: his term as governor had just expired, but the legislature had not met to hold an election. After the raid, he took refuge at his farm in Bedford County, and Virginia had no governor for ten days. Several legislators complained of Jefferson's actions and called for an inquiry into the conduct of the executive (Jefferson and his council), and Henry was among those who took the lead. The resolution passed, but the inquiry was set for the next session, and the legislature thought better of it.[116] Jefferson was angered at Henry's actions and held a grudge that did not abate until well after Henry's death in 1799.[117]

With the war effectively ended by the American victory at the siege of Yorktown, Henry served as delegate from his county through 1784, when he was elected again as governor. Peace brought many adjustments, and Henry sponsored legislation to reform Virginia's currency and to adjust payments from contracts still outstanding from before periods of high inflation. Jefferson and others wanted to reopen contracts that had been already settled but in depreciated currency; Henry thought that unjust, and because of his influence in the General Assembly, his version prevailed.[1][118] This had international implications, as some of the creditors were British, who sought payment in hard money rather than the depreciated currency that had been paid into escrow.[119] At the May 1783 House of Delegates session, Henry successfully sponsored a resolution to repeal the trade embargo against Britain. That passed despite opposition from Speaker John Tyler Sr. Henry also introduced legislation to permit Loyalists to return to Virginia. There was considerable opposition to that, and the measure was held over until later in the year, by which time public sentiment had been gauged through meetings in each county. Henry spoke in the debate, asking "shall we, who have laid the proud British lion at our feet, be frightened of its whelps?"[120] Once it was amended (though in what way is not clear), the bill passed in November 1783.[120]

Henry worked together with James Madison, a delegate after three years in Congress, on a number of issues. They differed, though, on state support for Virginia's Protestant churches.[121] Madison, like Jefferson, desired a separation between church and state that meant no public financing of religion, but Henry believed that taxpayers who were Christians should be assessed for the maintenance of the Protestant church of their choice, financing an array of churches in the way that Anglicanism had been funded in Virginia until the start of the war. Henry was not alone in this belief; both Washington and Lee supported such plans. According to Thomas S. Kidd in his biography of Henry, "the general assessment plan is one of the main reasons Henry is not more widely esteemed as a Founder, for in this debate, he seems to have diverted from the progressive flow of history."[122] The General Assembly might well have passed the bill, but on November 17, 1784, the legislators elected Henry as governor. Madison believed that Henry took the position for family reasons—his wife and children were likely quite happy to be in Richmond rather than in remote Henry County—but the cost was Henry's bill as Madison got it postponed to the following year and eventually defeated. Instead, Madison got Jefferson's Statute for Religious Freedom through the legislature. This law requiring a separation of church and state passed the General Assembly in 1786.[123]

Henry's second time as governor was for two years, as the legislature re-elected him in 1785.[124] It was, generally, more placid than his first. During this time, Henry and his family lived at "Salisbury", in Chesterfield County, about 13 miles (21 km) from Richmond[125] in open country that he rented, though he had an official residence close to the Virginia Capitol, which was then under construction. The General Assembly had passed legislation for new arms for the militia, and Henry worked with Lafayette to have them sent from France.[126]

Each county's militia was under firm local control, a state of affairs that had resulted in problems during the war as local militia refused orders from Henry and other governors when asked to serve out of state or conscript recruits into the Continental Army. In 1784, seeking to bring the militias under central control, the General Assembly passed an act terminating all militia officer commissions and allowing Henry, with the consent of the Governor's Council, to appoint replacements. The Virginia Constitution required that there be a recommendation from the county court. Instead of asking the county court, Henry solicited recommendations from prominent citizens in each county whom he or his council members knew. The result was near-revolt in the counties, as citizens protested the act as unconstitutional, and counties refused to obey. The law went widely unenforced, and in October 1785, Henry requested the legislators to repeal it; they complied the following year.[127]

Residents of western North Carolina, what is today the state of Tennessee, sought to separate and become the State of Franklin. A former delegate, Arthur Campbell, wanted to join Virginia's adjacent Washington County as part of the scheme in 1785. Henry had Campbell removed as a militia officer and from his other county offices, as well as ousting Campbell's supporters, replacing them with residents of known loyalty.[128] Although Henry urged leniency in his report to the General Assembly that October, stating that the Washington County separatists had been led astray by anxiety because of the poor economy,[129] he had the legislature pass a Treason Act forbidding the setting-up of a rival government within Virginia territory.[130]

Henry also sought to advance Virginia's development, both as governor and through his personal investments. He backed schemes to open navigation on the upper Potomac and James rivers, envisioning canals to connect them to the Ohio River Valley. He also supported a scheme to develop a canal across the Great Dismal Swamp, believing that with it, the trade of eastern North Carolina would flow through Norfolk. He owned land along the proposed route and sought to interest General Washington in the scheme but was not successful. Despite Henry's support for internal improvements, he failed to notify Virginia's representatives of their appointment to meet with Maryland over navigation on the Potomac, and only two, including George Mason, attended what became known as the Mount Vernon Conference in 1785. Randolph, unable to attend because of lack of timely notification, hinted that the reason for Henry's neglect was not forgetfulness but a growing hostility towards things federal. In 1786, Henry was more assiduous in notifying delegates to the Annapolis Conference called with the support of Madison, who was appointed a delegate.[131] Henry stepped down at the end of his fifth term, stating he needed to devote time to his family and earn money to support it.[132] Randolph succeeded him as governor.

Disinclined to return to distant Leatherwood after his time as governor ended in November 1786, Henry hoped to purchase land in Hanover County but bought property in Prince Edward County instead.[133] Hampden-Sydney College, which he had helped found in 1775, is located in that county, and Henry enrolled his sons there. The local freeholders elected Henry to the House of Delegates in early 1787, and he served there until the end of 1790. Governor Randolph offered to make Henry a delegate to the Constitutional Convention, scheduled to meet in Philadelphia later that year to consider changes to the Articles of Confederation, the document that had governed the loose union among the states since 1777.[134] Henry refused the appointment, alleging it would be difficult financially.[1] One legend is that when Henry was asked why he had not gone, he replied, "I smelt a rat."[135]

Henry's record of urging unity made him a potential supporter of a closer bond between the states, and as late as the end of 1786, Madison hoped for Henry as an ally in the fight. Several factors had eroded Henry's trust in the Northern states, including what he deemed Congress's failure to send adequate troops to protect Virginia settlers in the Ohio River Valley. Henry was outraged by the Jay–Gardoqui Treaty, which would have ceded exclusive navigation on the Mississippi River to Spain for 25 years.[136] This was in exchange for commercial concessions that would benefit New England, where there was a growing separatist movement. Northern votes were sufficient to relax John Jay's negotiating instructions, which had originally forbidden restricting American navigation on the Mississippi, to allow him to reach a deal; Southern votes were sufficient to block the treaty's ratification. These events caused Henry and some other Virginia leaders to feel betrayed and to have little trust in the good faith of the North.[137]

When the Philadelphia convention adjourned in September 1787, its president, Washington, returned home and immediately sent a copy of the new Constitution to Henry, recommending he support it. Henry was in Richmond for the autumn legislative session as delegate for Prince Edward County. While thanking Washington for presiding in Philadelphia and for sending the document, he said of it, "I have to lament that I cannot bring my Mind to accord with the proposed Constitution. The Concern I feel on this account is really greater than I am able to express."[138] He hinted, though, that he was still open to changing his mind. This allowed Henry to remain noncommittal as opponents of the Constitution, such as Mason and Edmund Randolph (both delegates at Philadelphia) published their opinions, and to refine his views.[139] In the initial Virginia battle over the Constitution, the call for a convention to decide whether the state should ratify it, Henry and Mason were among those who supported allowing the convention to ratify it conditional on amendments being made. The matter was compromised with language allowing the convention's members full rein in deciding what to do, and it was set for June 1788, with elections in March; both those who supported it and those who did not felt time would be to their advantage.[140]

Henry was elected to the convention from Prince Edward County without difficulty, though John Blair Smith, president of Hampden-Sydney, caused him some annoyance by having students read at an assembly, in Henry's presence, a speech by Henry on the subject of the Constitution and Smith's own rebuttal.[141] Henry opposed the Constitution because of its grant of a strong executive, the president; he had not fought to free Virginia from King George to surrender such powers to what might prove a despot. Henry accordingly deemed the Constitution a backwards step and a betrayal of those who had died in the Revolutionary cause.[142] At the Virginia Ratifying Convention, which began on June 2, 1788,[143] according to Kidd, Henry's "personality blazed in all its power and glory."[144] Henry suggested that the framers of the Constitution had no right to begin it "We the People" and ignore the powers of the states. He suggested that the document put too much power in the hands of too few.[145] He noted that the Constitution, proposed without a Bill of Rights, did not protect individual rights,

Will the abandonment of your most sacred rights tend the security of your liberty? Liberty, the greatest of all earthly blessings—give us that precious jewel and you may take everything else. But I fear I have lived long enough to become an old-fashioned fellow. Perhaps an invincible attachment to the dearest rights of man may, in these refined, enlightened days, be deemed old-fashioned: if so, I am contented to be so.[146]

Madison, the lead supporter of the Constitution, was inhibited in replying to Henry's criticisms, since he was ill through most of the convention. Henry likely realized he was fighting a losing battle as sentiment in the convention moved towards ratification, but he continued to speak at length,[147] and his speeches fill nearly one-quarter of the pages of the Richmond convention's debates.[148] Governor Randolph, who had become a supporter of ratification, suggested that if the convention allowed Henry to continue arguing, it would last six months rather than six weeks.[149] After the convention voted on June 25[150] to ratify the Constitution, Henry was somewhat mollified by the fact that the convention had proposed about 40 amendments; some of them were later incorporated in the Bill of Rights. Mason, Henry's ally in opposing ratification, intended a fiery diatribe on the faults of the new plan of government; he was talked out of it. By one account, Henry told other opponents that he had done his duty in opposing ratification, and as republicans, with the issues settled in a democratic way, they had best all go home. Madison wrote to Washington that Henry still hoped for amendments to weaken the power of the federal government, possibly to be proposed by a second national convention.[151]

Henry returned to the House of Delegates where he successfully defeated Madison's effort to become federal senator from Virginia, for under the original Constitution senators were elected by legislators, not the people. Although Henry made it clear he would not serve in office outside Virginia, he received a number of votes in the election. Madison gained election to the House of Representatives in a district where he was opposed by James Monroe, though Madison's supporters complained that Henry's supporters in the legislature had unfairly placed Orange County, Madison's home county, in a district leaning anti-Federalist. Henry also saw to it that the requested amendments were incorporated in petitions from the legislature to the federal Congress. Despite his qualms, Henry served as one of Virginia's presidential electors, voting for Washington (elected President) and John Adams (elected Vice President).[152] Henry was disappointed when the First Congress passed only amendments dealing with personal liberties, not those designed to weaken the government.[153]

A final cause Henry engaged in before leaving the House of Delegates at the end of 1790[1] was over the Funding Act of 1790, by which the federal government took over the debts of the states, much of which dated from the Revolutionary War. On November 3, 1790, Henry introduced a resolution which was passed by the House of Delegates and by the state Senate, declaring the act "repugnant to the constitution of the United States, as it goes to the exercise of a power not granted to the general [federal] government".[154] This would prove the first of many resolutions passed by Southern state legislatures in the decades to come, defending states' rights and strict interpretation of the Constitution.[155]

Leaving the House of Delegates after 1790, Henry found himself in debt, owing in part to expenses while governor, and sought to secure his family's fortune through land speculation and a return to the practice of law. Not fully reconciled to the federal government, Henry contemplated a new republic in the sparsely-settled frontier lands, but his plans came to nothing.[156] He did not travel as widely for cases as he had in the 1760s, confining his practice mostly to Prince Edward and Bedford counties, though in a compelling case, or for a large enough fee, he would travel to Richmond or over the mountains to Greenbrier County (today in West Virginia).[157]

When the new federal court opened in Virginia in 1790, British creditors promptly filed over a hundred cases seeking to enforce claims from the Revolutionary War. Henry was part of the defense team in Jones v. Walker before the federal court in 1791; his co-counsel included John Marshall, who prepared the written pleadings while Henry did much of the courtroom advocacy. Henry argued the case for three days; Marshall, looking back, called him "a great orator ... and much more, a learned lawyer, a most accurate thinker, and a profound reasoner".[158] The case ended inconclusively after one of the judges died, but the legal teams reassembled for the case of Ware v. Hylton. Argued before another three-judge panel that included Chief Justice of the United States John Jay and Associate Justice James Iredell, Henry's argument provoked Justice Iredell to exclaim, "Gracious God! He is an orator indeed."[159] Henry and Marshall were initially successful, but the plaintiffs appealed, and after Marshall argued his only case before the Supreme Court, that court in 1796 ruled for the British creditors.[160]

Henry's friendship with Washington had cooled somewhat amid the ratification debates, but by 1794, both men were looking to reconcile. Henry found himself more aligned with Washington than with Jefferson and Madison, and Washington still considered himself indebted to Henry for notifying him about the Conway Cabal. Washington offered Henry a seat on the Supreme Court in 1794, but he refused, feeling his family needed him. Washington also tried to get Henry to accept positions as Secretary of State and as minister to Spain, and Virginia Governor "Light-Horse" Harry Lee wanted to appoint him to the Senate. Henry refused each time. Henry's continuing popularity in Virginia made him an attractive ally, and even Jefferson tried to recruit him, sending word though a mutual friend that he bore no grudge.[161] After Washington made it clear he would not seek a third term in 1796, Marshall and Lee discussed a possible Henry run for president with him, but Henry was unwilling. The General Assembly elected him as governor again that year, but he declined, citing age and health. Henry's refusal to accept these offices increased his popularity as he was, like Washington, seen as a Cincinnatus, giving up power to return to his farm and his plow.[162]

Graves of Patrick Henry and his wife Dorothea in the family burying ground at Red Hill. Patrick's is on the right; the inscription reads, "His fame his best epitaph".

Henry sold his property in Prince Edward County in 1792, moving with his family to Long Island, a plantation in Campbell County. In 1794, Henry purchased Red Hill near Brookneal, Virginia in Charlotte County, where he and his family lived much of the year, though they moved to Long Island in the "sickly season".[163] Henry was gratified at the election of his old friend John Adams as president in 1796 over his foe Jefferson, but Henry's commitment to the Federalist Party was tested by the repressive Alien and Sedition Acts of 1798. He chose to say nothing but supported the campaign of Marshall, a moderate Federalist, for the House of Representatives; Marshall won narrowly. Henry was under considerable pressure from Virginia Federalists to return to politics, but it was not until former President Washington urged him to run for the legislature in early 1799 that Henry gave in.[164] Turning down an offer from President Adams to make him an envoy to France, Henry was elected as delegate from Charlotte County on March 4, 1799.

The legislature had no immediate session scheduled, so he returned to Red Hill and never left again, dying there of intussusception at his home on June 6, 1799.[165][166] He was buried at Red Hill.[167] In Henry's will, he left his estates and his 67 slaves to be divided between his wife and his six sons. He did not free any slaves, despite his speeches against enslavement by tyrants and despite his various comments opposing the institution of slavery itself.[168]

The tributes to Henry upon his death were many. The Virginia Gazette printed a death notice bordered in black, "As long as our rivers flow, or mountains stand, Virginia ... will say to rising generations, imitate my H E N R Y".[169] The Petersburg Intelligencer regretted the death of a man who might have been able "to conciliate all parties and produce that harmony and accord" needed at a time of national controversy.[169] The Argus, a paper which supported Jefferson's faction, noted that Henry "pointed out those evils in our Constitution ... against which we now complain ... If any are disposed to censure Mr. Henry for his late political transition [to supporting the Federalists], if anything has been written on that subject, let the Genius of American Independence drop a tear, and blot it out forever."[170]

Red Hill Plantation, Charlotte County, Virginia, circa 1907

Several of Henry's homes are recognized for their association with him. Scotchtown Plantation is a National Historic Landmark.[171] The Red Hill Patrick Henry National Memorial preserves Henry's final home, gravesite, and his law office.[172] The site of his birthplace, which burned in 1807 and is now reduced to archaeological remains, is also preserved;[173] it is listed on the National Register of Historic Places.[174] A plaque placed by the Daughters of the American Revolution marks the site of Leatherwood in Henry County.[175]

Henry helped found Hampden-Sydney College, believing that "every free state" should promote "useful knowledge amongst its citizens".[176] He was an original trustee and sent seven of his sons there. Henry was instrumental in getting its charter passed by the General Assembly in 1783.[176] Emory and Henry College in Emory, Virginia was named for him and John Emory, an early bishop in Virginia. According to the college, "Bishop Emory symbolizes belief in the union of faith and learning, while Governor Henry represents the commitment to the ideals of freedom and civic virtue."[177]

Fort Henry stood in what is now Wheeling, West Virginia, but was at the time part of Virginia. It was built in 1774 and named Fort Fincastle after one of Lord Dunmore's titles but was renamed for Henry, then governor, after independence.[178] Fort Patrick Henry was built during the American Revolutionary War along the South Fork Holston River at the present-day site of Kingsport, Tennessee.[179] This fort serves as the namesake of Fort Patrick Henry Dam and its reservoir on the river.[180] At least three ships have been named in Henry's honor: the Civil War Confederate Navy steamboat CSS Patrick Henry, World War II Liberty ship SS Patrick Henry and the ballistic missile submarine USS Patrick Henry (SSBN-599).

Camp Patrick Henry was a World War II-era military camp near Newport News, Virginia. Decommissioned in 1946, it became the site of the Newport News/Williamsburg International Airport on 925 acres (3.74 km²). When opened in 1949, the airport was called Patrick Henry Field and was later renamed Patrick Henry International Airport, a name it retained until 1990. The airport code is still PHF.[181]

Patrick Henry has been honored twice on U.S. postage stamps. On October 7, 1955, the United States Post Office Department issued a $1 definitive stamp honoring Henry, one of the high values in the Liberty issue. A painting of Henry by American artist Alonzo Chappel was used as the inspiration and as the model by the engraver for this issue.[182] In 1960–1961, the U.S. Post Office issued the American Credo series, six stamps with well-known patriotic quotations. Patrick Henry's most famous words are inscribed on the final issue in the series, a 4-cent stamp first released in Richmond on January 11, 1961.[183]

Patrick Henry, Liberty issue, 1955

1961 issue honoring Henry in the American Credo series

As historian Richard Beeman put it, Henry was a man who "did not bother to write much of anything down", a handicap when being evaluated by history.[184] The lack of primary source materials regarding Henry—only a handful of papers and a few of his speeches survive—has frustrated Henry's biographers from Wirt (1817) to Beeman (1974). Two years before publishing his book, Wirt commented: "It is all speaking, speaking, speaking. 'Tis true he could talk—Gods! how he could talk! but ... to make the matter worse, from 1763 to 1789 ... not one of his speeches lives in print, writing or memory".[185] Beeman, for his part, concludes, "the Revolutionary firebrand, whatever his achievements, possessed a miserable sense of history".[185] This was a deficiency not possessed by Jefferson, who not only survived Henry by a quarter century, but who got to fill the vacuum of information about Henry with his own recollections and opinions.[186] Wirt did not print many of Jefferson's criticisms of Henry, who had irritated Jefferson to such an extent he was still criticizing Henry to guests at Monticello in 1824.[187] Jefferson's negative assessments of Henry, whether justified or not, have adversely affected Henry's historical reputation.[184]

Henry has always been acclaimed by Americans for the brilliance of his political oratory.[188] Kukla writes, "Henry explained the Revolution to ordinary men and women through America in words they understood—and inspired them to fight for liberty."[189] Mayer argues, "Henry had forged a popular and partisan political style whose democratic implications took another generation to realize fully and accept. His career pointed the transition from the political squirearchy of the eighteenth century to the mass politics of Andrew Jackson's day".[170] In his study of Henry's oratory, David A. McCants suggests that Henry's position as great American orator of his day was not so much because of his "heroism and eloquence" but for adapting the clashing philosophies, religious and political, that met in Henry's Virginia, to create a new style of oratory that appealed to the masses.[190] According to Tate, "by his unmatched oratorical powers, by employing a certain common touch to win the unwavering loyalty of his constituents, and by closely identifying with their interests, he almost certainly contributed to making the Revolution a more widely popular movement than it might otherwise have become".[1] Kidd argues that the historical focus on the quality of Henry's oratory may result from a discomfort with the content of his speeches, especially his opposition to the Constitution.[188]

During the Civil War era, both sides claimed Henry as a partisan, abolitionists citing his writings against slavery, and those sympathetic to the Southern cause pointing to his hostility to the Constitution. That opposition by Henry came to be seen by many writers, even those friendly to Henry, as a blot on an otherwise admirable career.[191] Beeman, writing in 1986, just before the Constitution's bicentennial, predicted that during that anniversary, "it will be hard to avoid depicting Henry as one of history's losers, as one too short-sighted to see beyond the bounds of his own native state to glimpse the promise of national greatness embodied in the federal Constitution."[192]

Henry has been cited as a hero to both Left and Right but has become a particular favorite of the latter. He is especially attractive to Christian conservatives, who cite his deep religious beliefs as well as his writings and speeches in favor of Christian virtue and in defense of religious liberty. Because Henry was educated at home by his father, he has become a symbol of the homeschooling movement. In 2000, Patrick Henry College was founded in Purcellville, Virginia, in large part for those who had been homeschooled. Although Henry's most famous declaration has proved as adaptable as ever in the hands of the Right (one sign at a Tea Party rally in 2010 read "Give Me Liberty or Give Me Debt"), according to Kidd, "few Americans today, Tea Partiers or others, take seriously Henry's fundamental criticisms of the Constitution."[193]

Tate writes of Henry, "Of the numerous leaders who were active largely at the state level and who generally opposed ratification of the Federal Constitution, Henry was one of the few who came to be ranked among the truly major figures of the American Revolution."[1] Kukla concurs, noting that except for two years in the Continental Congress, Henry never held national office, "and yet he was a founder of the republic".[169] Kidd notes the hazy view of Henry that Americans today have:

Henry's memory has taken on a vague, patriotic cast that fails to capture his fractious yet exemplary life. The "real" Henry was branded a traitor and apostate on multiple occasions by his many enemies, including Thomas Jefferson. His vision of the American republic was not a matter of sentiment and grand words and gestures; it was grounded in virtue, religious faith, and responsive local government. Standing against his fellow Founders James Madison and Thomas Jefferson at almost every turn in the 1780s and '90s, and steadfastly opposing the adoption of the Constitution, he was the boldest of patriots.[194]

• Gerrymandering in the United States
• History of Virginia
• William H. Roane (grandson)

• Beeman, Richard R. (1974), Patrick Henry: A Biography, New York, NY: McGraw-Hill. ISBN 0-07-004280-2
• Jewett, Thomas (2004), Patrick Henry: America's Radical Dissenter, Early America Review Summer/Fall 2004
• Meade, Robert D. (1969), Patrick Henry: Practical Revolutionary, Philadelphia, NY: Lippincott
• Unger, Harlow (2010), Lion of Liberty: Patrick Henry and the Call To a New Nation, Cambridge, MA: Da Capo Press. ISBN 978-0-306-81886-8

• Henry's Early Life and Times from Patrick Henry National Memorial
• Patrick Henry, Voice of the American Revolution
• Works by Patrick Henry at Project Gutenberg
• Patrick Henry as subject at Project Gutenberg
• Works by or about Patrick Henry at Internet Archive
• Works by Patrick Henry at LibriVox (public domain audiobooks)
• Works by Patrick Henry at Open Library
• Text of 1775 "Liberty or death" speech
• Address opposing US Constitution
• Patrick Henry letters
• Patrick Henry Monument, Henry County, Virginia
• Scotchtown, Henry family home from 1771 to 1778