Robert Carter Nicholas (January 28, 1728-November 1780) was a Virginia lawyer, patriot, legislator and judge. He served in the

Virginia House of Burgesses The House of Burgesses () was the lower house of the Virginia General Assembly from 1619 to 1776. It existed during the colonial history of the United States in the Colony of Virginia in what was then British America. From 1642 to 1776, the Hou ...

and its successor, the

Virginia House of Delegates The Virginia House of Delegates is one of the two houses of the Virginia General Assembly, the other being the Senate of Virginia. It has 100 members elected for terms of two years; unlike most states, these elections take place during odd-numbe ...

. He became the last treasurer of the Colony of Virginia, and sat on the first High Court of Chancery, one of the predecessors of the

Supreme Court of Virginia The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears direct appeals in civil cases from the trial-level city and county circuit courts, as well as the criminal law, family law and administrativ ...

Early life and education

Robert Carter Nicholas was born on January 28, 1728/9, in Hanover County to the former Elizabeth Carter Burwell (1692-1734; widow of Nathaniel Burwell of

Williamsburg, Virginia Williamsburg is an Independent city (United States), independent city in Virginia, United States. It had a population of 15,425 at the 2020 United States census, 2020 census. Located on the Virginia Peninsula, Williamsburg is in the northern par ...

) and her second husband, Dr. George Nicholas (1685-1734). His father was a British medical doctor and

convict A convict is "a person found guilty of a crime and sentenced by a court" or "a person serving a sentence in prison". Convicts are often also known as "prisoners" or "inmates" or by the slang term "con", while a common label for former convicts ...

, transported for forgery. His mother was the daughter of wealthy Virginia landowner, Robert "King" Carter of Corotoman. This man and his full brother would arguably found another of the

First Families of Virginia The First Families of Virginia, or FFV, are a group of early settler families who became a socially and politically dominant group in the British Colony of Virginia and later the Commonwealth of Virginia. They descend from European colonists who ...

. He had several elder Burwell half-brothers (Lewis Burwell and Carter Burwell—both of whom died in 1756—and Robert Carter Burwell who died in 1777) as well an elder full brother, John Nicholas (1726-1814), who served in the House of Burgesses representing Buckingham County, and after its creation served forty years as the clerk of Albemarle County (and was succeeded by his son John Jr.). Earlier, during the year this Robert Carter Nicholas was born, his father became the burgess representing the

College of William and Mary The College of William & Mary (abbreviated as W&M) is a public research university in Williamsburg, Virginia, United States. Founded in 1693 under a royal charter issued by King William III and Queen Mary II, it is the second-oldest instit ...

. However, Dr. Nicholas only served two years, and both boys were orphaned in March 1734, when both their parents died. Their uncle John Carter, the colony's secretary and a wealthy planter, became at least Nicholas' guardian and raised him with his sons (this man's cousins and future legislators Charles Hill Carter and Edward Carter) at

Shirley Plantation Shirley Plantation is an Estate (house), estate on the north bank of the James River in Charles City County, Virginia. It is located on scenic byway State Route 5 (Virginia), State Route 5, between Richmond, Virginia, Richmond and Williamsburg, ...

. All three boys were schooled in Gloucester County, and after John Carter died, all three boys became the wards of their uncle Landon Carter. The three cousins completed their education at the

, where R.C. Nicholas studied law under professor

George Wythe George Wythe (; 1726 – June 8, 1806) was an American academic, scholar, and judge who was one of the Founding Fathers of the United States. The first of the seven Signing of the United States Declaration of Independence, signatories of the ...

, who was also litigating aspects of Secretary John Carter's estate.

Early career

Nicholas was admitted to the bar and practiced in the general court under the royal government while Virginia was a colony. His first documented court appearance concerned announcement that he would settle the estate of his wealthy half-brother Lewis Burwell, who has been a burgess for Gloucester county before being appointed to the Governor's Council and briefly serving as its president before his death in 1756. In October 1765 Nicholas, along with John Randolph and

, were the committee that heard

Thomas Jefferson Thomas Jefferson (, 1743July 4, 1826) was an American Founding Fathers of the United States, Founding Father and the third president of the United States from 1801 to 1809. He was the primary author of the United States Declaration of Indepe ...

's bar examinations. Later when Nicholas became Treasurer of Virginia, he stopped taking new cases and turned over many of his existing cases to Jefferson, also a Wythe protege. From 1761 to 1774, Nicholas served as one of the trustees of the Bray School - a

charity school Charity schools, sometimes called blue coat schools, or simply the Blue School, were significant in the history of education in England. They were built and maintained in various parishes by the voluntary contributions of the inhabitants to ...

for black children - in Williamsburg, Virginia. He was the principal correspondent with Dr. Bray's Associates in

England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...

, who financed the school.

Political career and American Revolutionary War

In late 1755, York County voters first elected Nicholas as one of their representatives in the

House of Burgesses The House of Burgesses () was the lower house of the Virginia General Assembly from 1619 to 1776. It existed during the colonial history of the United States in the Colony of Virginia in what was then British America. From 1642 to 1776, the Hou ...

, a part-time position, and he took his seat in March 1756, then won re-election in 1758, serving from 1756 to 1761. During this term, the Governor's Council appointed Nicholas to the committee of correspondence, where he served with Peyton Randolph, George Wythe and John Robinson even when not a burgess. Nicholas then moved to nearby James City County where elections were held in July 1765, and he took his seat in November, then was elected and re-elected one of its representative from 1766 to 1775. He was conservative but patriotic, supporting the Stamp Act resolutions in 1764, but deeming further resolutions offered by

Patrick Henry Patrick Henry (May 29, 1736 ld Style and New Style dates, O.S. May 18, 1736une 6, 1799) was an American politician, planter and orator who declared to the Virginia Conventions, Second Virginia Convention (1775): "Give me liberty or give m ...

the following year premature. Following the corruption scandal disclosed upon the death of powerful speaker of the House of Burgesses, John Robinson, who also served as the colony's Treasurer and thus could conceal his improperly lending out paper money scheduled to be burned to political supporters, the House of Burgesses at Nicholas' urging, separated the two positions. Nicholas became the Treasurer of Virginia, and served from 1766 to 1775, when Lord Dunmore, the colony's last governor, suppressed the legislature. When in 1769

Peyton Randolph Peyton Randolph (September 10, 1721 – October 22, 1775) was an American politician and planter who was a Founding Fathers of the United States, Founding Father of the United States. Born into Virginia's Randolph family of Virginia, wealthies ...

, Speaker of the

, chose Thomas Jefferson to write a response to Royal Governor Lord Botetourt's opening remarks to the House, his motions although accepted and passed were felt in committee to be "lean and tepid" requiring rewrite by Nicholas. Jefferson never forgot this humiliation. In fact, in 1774 Jefferson had to rewrite a motion written by Nicholas objecting to the next Royal Governor Lord Dunmore's land proclamation. In 1773, fellow burgesses made him Nicholas a member of the committee of correspondence, and when

resigned, Nicholas served as the president pro tem of the House of Burgesses in July 1775. Continuing his cautious conservatism, in May 1774, Nicholas introduced a motion making June 1 a "day of fasting, humiliation, and prayer" to express sympathy of Virginia for their sister colony of

Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...

as a result of the closing of the Port of Boston by the British under the

Boston Port Act The Boston Port Act, also called the Trade Act 1774 ( 14 Geo. 3. c. 19), was an act of the Parliament of Great Britain which became law on March 31, 1774, and took effect on June 1, 1774. It was one of five measures (variously called the ''Into ...

. In March 1775, Nicholas opposed Patrick Henry's proposal to organize the militia or raise 10,000 regulars to serve throughout the war. On December 13, 1775, after the battle of Great Bridge, Nicholas introduced a motion in the House of Burgesses denouncing Lord Dunmore as champion of "

tyranny A tyrant (), in the modern English language, English usage of the word, is an autocracy, absolute ruler who is unrestrained by law, or one who has usurper, usurped a legitimate ruler's sovereignty. Often portrayed as cruel, tyrants may defen ...

" a monster, "inimical and cruel" for pronouncing martial law and assuming powers, the "King himself could not exercise." Two days later he also submitted a motion to grant pardons to black slaves who he claimed had been deluded by the British to join Loyalist forces. After Lord Dunmore suppressed the House of Burgesses, James City County voters elected Nicholas as one of their representatives to all five Virginia Revolutionary Conventions, serving with William Norvell and (in the first revolutionary convention, with Lewis Burwell as well). When the

was formed as the successor to the House of Burgesses, Nicholas and Norvell again became James City County's delegates, and won re-election in 1777, serving from 1776 to 1778. Nicholas opposed the adoption of a

Declaration of Independence A declaration of independence is an assertion by a polity in a defined territory that it is independent and constitutes a state. Such places are usually declared from part or all of the territory of another state or failed state, or are breaka ...

on May 15, 1776, but declined to vote so that the convention's action might "go out with the prestige of unanimity". Nicholas became a member of the committee appointed to draft a declaration of rights and a new form of government for Virginia.

Judicial career and death

In 1779 fellow legislators appointed Nicholas to the high court of chancery, where he served with his mentor

, as well as Edmund Pendleton and John Blair. The court is now considered a predecessor of the

. Although Edmund Pendleton would become the first president (chief judge) of its successor the Court of Appeals, and George Wythe chose to remain as chancellor, Judge Nicholas had already died, in 1780. He is buried in Hanover County at Mount Brilliant cemetery, whose other famous interment is of John Henry, father of this man's sometime rival, Patrick Henry.

Personal life

In 1751, Nicholas married Anne Cary (1735-1786), daughter of burgess Wilson Miles Cary of Warwick County. The couple had four daughters and six sons. Most of their sons became lawyers, as well as served in the legislature. The most distinguished was Wilson Cary Nicholas (1761-1820), who became a U.S. senator and Virginia governor. His elder brother George Nicholas (1754-1799) served in the Continental Army and Virginia legislature, but declined the post of U.S.Attorney for the District of Kentucky. His son (this man's grandson), Robert C. Nicholas moved to Kentucky and eventually became a United States Senator from

Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...

. John Nicholas (1764-1819) served in the U.S. House of Representatives from Virginia before moving to New York. The youngest son, Philip Norborne Nicholas(1776-1849) became Virginia's attorney general not long after his father's death, and later a Virginia judge, but perhaps today is best known either as the prosecutor of George Wythe's murderer or as a member of the powerful Richmond junto. His twin, Lewis Valentine Nicholas (1776-1840), lived mostly in Albemarle County. His sister (this man's daughter) Elizabeth (1753–1810) married

Edmund Randolph Edmund Jennings Randolph (August 10, 1753 September 12, 1813) was a Founding Father of the United States, attorney, and the seventh Governor of Virginia. As a delegate from Virginia, he attended the Constitutional Convention and helped to cre ...

, a Virginia lawyer who became Governor and later the first

United States Attorney General The United States attorney general is the head of the United States Department of Justice and serves as the chief law enforcement officer of the Federal government of the United States, federal government. The attorney general acts as the princi ...

. Her sister Sally married John Norton, son of a London merchant.Saunders p. 2 (or 12 of 72 in online document) Edmund Randolph described Nicholas: "By nature he was benevolent and liberal. But he appeared to many who did not thoroughly understand him, to be haughty and austere; because they could not appreciate the preference of gravity for levity, when in conversation the sacredness of religion was involved in ridicule or language forgot its chastity."

References

External links

* {{DEFAULTSORT:Nicholas, Robert Carter Sr. 1780 deaths College of William & Mary alumni Robert Carter Nicholas 1 Justices of the Supreme Court of Virginia Virginia lawyers Virginia state court judges People of Virginia in the American Revolution House of Burgesses members Members of the Virginia House of Delegates Carter family (Virginia) Cary family (Virginia) People from colonial Virginia 1720s births 18th-century members of the Virginia General Assembly