Virginia under the Stuarts 1607-1688

In August, 1611, Sir Thomas Gates, returning to assume the command of the colony, pushed vigorously the work upon the new settlement.[90] Dale was sent up the river with no less than three hundred men, with directions to construct houses and fortifications. The settlers, working with new life and vigor in the more wholesome air of the upper James, soon rendered the place almost impregnable to attack from the Indians. They cut a ditch across the narrow neck of the peninsula, and fortified it with high palisades. To prevent a sudden raid by the savages in canoes from the other shore, five strong block houses were built at intervals along the river bank. Behind these defenses were erected a number of substantial houses, with foundations of brick and frame superstructures. Soon a town of three streets had been completed, more commodious and far more healthful than Jamestown.[91]

When this work had been completed, Dale led a force of men across to the south bank of the river and took possession of the entire peninsula lying between the Appomattox and the James. An Indian settlement just below Turkey Island bend was attacked and destroyed, and the savages driven away. The English built a palisade over two miles long and reinforced at intervals with forts and block houses, from the James at Henrico to the falls of the Appomattox. These fortifications secured from the attacks of the savages "many miles of champion and woodland", and made it possible for the English to lay out in safety several new plantations or hundreds. Dale named the place Bermuda, "by reason of the strength of the situation".

Here, for the first time, something like prosperity came to the colony. Although the "sicknesse" was not entirely eliminated even at Henrico, the percentage of mortality was greatly reduced. Soon there were in Virginia several hundred persons that had lived through the fatal months of June, July and August and were thoroughly "seasoned" or immune to the native disorders. Not until 1618, when the settlers, in their greed for land suitable for the cultivation of tobacco, deserted their homes on the upper James for the marshy ground of the lower country, and new, unacclimated persons began arriving in great numbers, did the pestilence again assume its former proportions.

Thus protected from the ravages of disease and from the assaults of the savages, Dale's men were able to turn their attention to the cultivation of the soil. Soon they were producing an annual crop of corn sufficient to supply their more pressing needs. And it was well for them that they could become, to some extent, independent of England, for the London Company, at last discouraged by continued misfortune, was often remiss in sending supplies. Clothing became exceedingly scarce. Not only were the gaudy uniforms of De la Warr's time lacking, but many persons were forced to imitate the savages by covering themselves with skins and furs.[92] The Company, however, succeeded in obtaining for them from the King many suits of old armor that were of great value in their wars with the savages. Coats of mail and steel that had become useless on the battlefields of Europe and had for years been rusting in the Tower of London, were polished up and sent to Virginia. Thus, behind the palisades of Henrico or in the fort at Jamestown one might have seen at this time soldiers encased in armor that had done service in the days of Richard III and Henry VII.[93]

The London Company, when they sent Sir Thomas Gates to Virginia with the letters patent of 1609, gave directions that the utmost severity should be used in putting an end to lawlessness and confusion. Gates, who had fought against the Spaniards in the Netherlands and had the soldier's dislike of insubordination, was well suited to carry their wishes into effect. No sooner had he arrived from Devil's Island in 1610 than he posted in the church at Jamestown certain laws, orders and instructions which he warned the people they must obey strictly.[94] These laws were exceedingly severe. It was, for instance, ordered that "every man and woman daly twice a day upon the first towling of the Bell shall upon the working daies repaire into the Church, to hear divine Service upon pain of losing his or her dayes allowance for the first omission, for the second to be whipt, and for the third to be condemned to the Gallies for six Months". Again, it was decreed that "no man shall give any disgracefull words, or commit any act to the disgrace of any person ... upon paine of being tied head and feete together, upon the guard everie night for the space of one moneth.... No man shall dare to kill, or destroy any Bull, Cow, Calfe, Mare, Horse, Colt, Goate, Swine, Cocke, Henne, Chicken, Dogge, Turkie, or any tame Cattel, or Poultry, of what condition soever, ... without leave from the Generall, upon paine of death.... There shall no man or woman ... dare to wash any unclean linnen ... within the Pallizadoes, ... nor rench, and make clean, any kettle, pot or pan ... within twenty foote of the olde well ... upon pain of whipping."[95]

During the administration of Gates and De la Warr these laws seem not to have been enforced vigorously, but were utilized chiefly in terrorem.[96] Under Dale and Argoll, however, not only were they put into merciless operation, but were reinforced with a series of martial laws, drawn from the code in use among the armies of the Netherlands.

The Divine, Moral and Martial Laws, as they were called, undoubtedly brought about good order in the colony, and aided in the establishment of prosperity, but they were ill suited for the government of free-born Englishmen. They were in open violation of the rights guaranteed to the settlers in their charters, and caused bitter discontent and resentment.

At times they were enforced with odious harshness and injustice. Molina declared that the Governors were most cruel in their treatment of the people, often using them like slaves.[97] The Virginia Assembly of 1624 gives a vivid, though perhaps an exaggerated, picture of the severity of the government. "The Colony ... remained in great want and misery under most severe and Cruell lawes sent over in printe," they said, "and contrary to the express Letter of the Kinge in his most gracious Charter, and as mercylessly executed, often times without tryall or Judgment." Many of the people fled "for reliefe to the Savage Enemy, who being taken againe were putt to sundry deathes as by hanginge, shooting and breaking uppon the wheele and others were forced by famine to filch for their bellies, of whom one for steelinge of 2 or 3 pints of oatmeale had a bodkin thrust through his tounge and was tyed with a chain to a tree untill he starved, if a man through his sicknes had not been able to worke, he had noe allowance at all, and soe consequently perished. Many through these extremities, being weary of life, digged holes in the earth and there hidd themselves till they famished."[98] In 1612, several men attempted to steal "a barge and a shallop and therein to adventure their lives for their native country, being discovered and prevented, were shot to death, hanged and broken upon the wheel".[99] There was some criticism in England of the harshness of the laws, but Sir Thomas Smith, then the guiding spirit of the London Company, declared that they were beneficial and necessary, "in some cases ad terrorum, and in others to be truly executed".[100]

As time passed and the population of the colony increased, it became necessary to extend beyond the confines of Jamestown and Henrico. The cultivation of tobacco, which was rapidly becoming the leading pursuit of the people, required more ground than was comprised within the fortified districts. Even the expansion of the settlement upon the upper James to other peninsulas along the "Curls of the River" could not satisfy the demand for arable land. At one time the very streets of Jamestown were planted with tobacco.[101] Soon the people, despite their dread of the savages, were deserting their palisades, and spreading out in search of fertile soil.

This recklessness brought upon the colony a renewal of the disastrous epidemics of the earlier period, and exposed the planters to imminent danger from the savages. Fortunately, however, at this very time the long sought peace with the Indians was brought about by the romantic marriage of Pocahontas, the daughter of the powerful chief Powhatan, with Captain John Rolfe.

In the spring of 1613 Sir Samuel Argoll, while cruising in the Rappahannock in quest of corn, learned from the natives that the princess was visiting Japazaws, a neighboring king, at his village upon the Potomac. Argoll at once resolved to capture the daughter of the greatest enemy of the white men, and to hold her until all the tools and weapons stolen by the Indians had been returned.[102] Hastening into the country of the Potomacs, he demanded the maid of Japazaws. The king, fearing the hostility of the English more than the anger of Powhatan, consented, although with great reluctance, and she was placed aboard Argoll's ship.

The news of the capture of his favorite child filled Powhatan with rage and grief. Imploring Argoll to do Pocahontas no harm, he promised to yield to all his demands and to become the lasting friend of the white men.[103] He liberated seven captives and sent with them "three pieces, one broad Axe, and a long whip-saw, and one canow of Corne".[104] Knowing that these did not constitute all the tools in the hands of the king, the English refused to relinquish Pocahontas, but kept her a prisoner at Jamestown.[105]

The young princess was treated with consideration and kindness by Governor Dale. Her gentle nature, her intelligence and her beauty won the respect and love of the sternest of her captors. Dale himself undertook to direct her education. "I was moved," he exclaimed, "by her desire to be taught and instructed in the knowledge of God, her capableness of understanding, her aptness and willingness to receive any good impression.... I caused her to be carefully instructed in the Christian religion, who, after she had made some good progress therein, renounced publicly her Country's idolatry; openly confessed her Christian faith; and was, as she desired, baptized."[106]

Before many months had passed the charm of this daughter of the American forest had inspired a deep love in the breast of Captain John Rolfe. This worthy gentleman, after struggling long against a passion so strange and unusual, wrote Dale asking permission to wed the princess. I am not ignorant, he said "of the inconvenience which may ... arise ... to be in love with one whose education hath bin rude, her manners barbarous, her generation accursed".[107] But I am led to take this step, "for the good of the plantation, for the honour of our countrie, for the glory of God, for my owne salvation, and for the converting to the true knowledge of God and Jesus Christ, an unbeleeving creature, like Pokahuntas. To whom my heartie and best thoughts are, and have a long time bin so intangled, and inthralled in so intricate a laborinth, that I was awearied to unwinde myselfe thereout."[108]

Dale, overjoyed at this opportunity to secure the friendship of the Indians, consented readily to the marriage. Powhatan, too, when he learned of his daughter's affection for Captain Rolfe, expressed his approval of the union, and sent Apachisco, an uncle of the bride, and two of her brothers to represent him at the ceremony.

Both English and Indians regarded this wedding as a bond of friendship between the two races. Apachisco, acting as deputy for Powhatan, concluded with Governor Dale a peace which lasted eight years and was fairly well kept by both parties.[109] "Besides this," wrote Captain Ralph Hamor, "we became in league with our next neighbors, the Chicahamanias, a lustie and daring people, free of themselves. These people, as soone as they heard of our peace with Powhatan, sent two messengers with presents to Sir Thomas Dale and offered ... their service."[110] Thus was one of the greatest menaces to the prosperity of the colony removed. Now the settlers could cultivate the soil, or hunt and fish without fear of the treacherous savage, and leave their cattle to range in comparative safety. John Rolfe himself wrote, "The great blessings of God have followed this peace, and it, next to him, hath bredd our plentie—everie man sitting under his fig tree in safety, gathering and reaping the fruits of their labors with much joy and comfort."[111]

In 1616 Sir Thomas Dale, who had been in command of the colony since the departure of Gates in 1614, returned to England, leaving the government in the hands of Captain George Yeardley. Despite the harshness and cruelty of Dale and Gates, they must be credited with obtaining the final success of the colony. These two stern soldiers of the Dutch wars had found the settlers dispirited, reduced in numbers, fighting a losing battle against pestilence, starvation and the savages. By their rigid discipline and able leadership they had brought unity and prosperity, had taught the people how to resist the sickness, and had secured a long peace with the Indians.[112] Dale left about three hundred and fifty persons in Virginia, most of them thoroughly acclimated and busily engaged in building up prosperity for the colony.

Tobacco was already becoming the staple product of Virginia. As early as 1612 Captain Rolfe had been experimenting with the native leaf, in an effort to make it suitable for the English market.[113] In 1613 he sent a part of his crop to London, where it was tested by experts and pronounced to be of excellent quality.[114] The colonists were greatly encouraged at the success of the venture, for the price of tobacco was high, and its culture afforded opportunities for a rich return. Soon every person that could secure a little patch of ground was devoting himself eagerly to the cultivation of the plant. It even became necessary for Dale to issue an order that each man should "set two acres of ground with corn", lest the new craze should lead to the neglect of the food supply.[115] In 1617 The George sailed for England laden with 20,000 pounds of tobacco, which found a ready market at five shillings and three pence a pound. John Rolfe's discovery was opening for Virginia a veritable gold mine.

Fortunately the King, in 1612, had granted the Company an exemption for seven years from custom duties upon goods brought from the colony. So, for a while, at least, the Crown could not appropriate to its own use the profits from the Virginia tobacco. Since, however, the exemption had only a few years more to run, the Company hastened to secure what immediate returns were available. They took from the planters the entire crop, giving them for it three pence per pound, while they themselves were able to obtain a much larger price from the English dealers.

The profits thus secured were at once utilized in new measures for increasing and strengthening the colony. Encouraged by the discovery in Virginia of so profitable a commodity, the Company became convinced that now at last success was at hand. "Broadsides" were sent out to the British people, depicting in glowing terms the advantages of the country, and asking for immigrants and for financial support. Once more a wave of enthusiasm for the enterprise swept over England. Money was contributed liberally. The clergy, interested in the spread of the Anglican Church, and in the conversion of the savages, worked ardently for the success of the colony. Soon vessel after vessel was being fitted out for the voyage across the Atlantic, and hundreds of artisans and laborers were preparing to risk their all in the New World.[116]

CHAPTER II

But James had no desire to arouse the hostility of Philip III. Despite religious differences, despite the hatred of the English for the Spaniards, he had reversed the policy of Elizabeth by cultivating the friendship of these hereditary enemies. And so wedded was he to this design, that later, when his son-in-law, Frederick of the Palatinate, was being overwhelmed by a coalition of Catholic nations, he refused to affront Spain by coming to his rescue. Yet he knew that Philip considered America his own, and would resent any attempt of the English to establish colonies on its shores. So the crafty James resolved to disguise the founding of a royal colony under the guise of a private venture.[117] If the Spaniards complained of the occupation of their territory, he could free himself from blame by placing the responsibility upon the London Company. "If it take not success," his advisors told the King, "it is done by their owne heddes. It is but the attempt of private gentlemen, the State suffers noe losse, noe disreputation. If it takes success, they are your subjects, they doe it for your service, they will lay all at your Majesty's feet and interess your Majesty therein."[118]

James was quite liberal in granting charters to those that had undertaken the settlement, and he encouraged them as much as was consistent with his friendship for Spain. It was truly written of him after his death, "Amongst the ... workes of the late Kinge, there was none more eminent, than his gracious inclination ... to advance and sett forward a New Plantation in the New World."[119] That he was deeply interested in the undertaking is shown most strikingly by his consent to the establishment of the Puritans in America. James hated the tenets of Calvin from the depths of his soul, and could have no desire to see them infect the English settlements in America, yet his solicitude for the welfare of the colony induced him to yield to the request of the Pilgrims for permission to settle there. How much greater was his foresight than that of Louis XIV, who, by refusing to allow the persecuted Huguenots to settle in any part of his domains, deprived the French colonies of what might have been their most numerous and valuable recruits! When some of the leading men of the London Company pleaded with James for the Puritans, the King lent a ready ear. He was asked to allow them "liberty of conscience under his ... protection in America; where they would endeavour the advancement of his Majesty's dominions, and the enlargement of the interests of the Gospel". James replied that it was "a good and honest motion". He refused to tolerate them by public authority and would not confirm under the broad seal their petition for leave to worship as they chose, but he let it be understood that they were not to be molested in their new homes in any way.[120] And in this promise they finally decided to put their trust, feeling that "if afterwards there should be a purpose or desire to wrong them, though they had a seale as broad as ye house flore, it would not serve ye turn; for ther would be means a new found to recall or reverse it".[121]

But the chief glory of the establishment of the English in America must be given to the patriotic and persevering men of the Virginia Company. It is erroneous and unjust to accuse them of mean and mercenary motives in founding and maintaining the colony at Jamestown. Some of them, perhaps, were dazzled with visions of a rich harvest of gold and silver, but most must have realized that there was small chance of remuneration. Many were merchants and business men of great foresight and ability, and it is quite evident that they were fully aware of the risks of the undertaking in which they ventured their money. What they did hope to gain from the colony was the propagation of the English Church, the extension of the English nation and its institutions, and the increase of British trade.

Over and over again it was asserted that the first object of the enterprise was to spread the Christian religion. In 1610 the London Company declared it their especial purpose "to preach and baptize ... and by propagation of the Gospell, to recover out of the armes of the Divell, a number of poore and miserable soules, wrapt up unto death, in almost invincible ignorance".[122] The first draft of the Virginia charter of 1606 declared that the leading motive of this "noble work", was "the planting of Christianity amongst heathens".[123] The charter of 1609 asserted that the "principle effect, which we can desire or expect of this action, is the conversion and reduction of the people in those parts unto the true worship of God".[124]

That they were also actuated by a desire to extend the British possessions and trade is attested by numerous documents and letters. The Company declared it their purpose to promote the "honor and safety of the Kingdome, the strength of our Navy, the visible hope of a great and rich trade".[125] One of the leading shareholders wrote that the colony should be upheld for "ye Honor and profitt to our Nation, to make provinciall to us a land ready to supply us with all necessary commodytyes wanting to us: In which alone we suffer ye Spanish reputation and power to swell over us."[126] The colonists themselves declared that one of the objects of the settlement of America was the extension of British territory and the enriching of the kingdom, "for which respects many noble and well minded persons were induced to adventure great sums of money to the advancement of so pious and noble a worke".[127]

The Company, in fact, did no more than take the lead in the work. It was really the English nation that had decided to second their King in gaining a foothold in America, and it was they that insisted that this foothold should not be relinquished. Again and again the London Company appealed to the people for support, and never without success, for all classes of Englishmen felt that they were interested in this new venture. The spirit of the nation is reflected in the statement of the Council for Virginia in 1610, that the Company "are so farre from yielding or giving way to any hindrance or impeachment ... that many ... have given their hands and subscribed to contribute againe and againe to new supplies if need require".[128]

But although James I and his people were agreed as to the necessity of extending the English nation to America, they were not in accord in regard to the form of government which should be established there. The King, who was always restive under the restraint placed upon him by the English Parliament, had no desire to see the liberal institutions of the mother country transplanted to Virginia. He wished, beyond doubt, to build a colonial empire which should be dependent upon himself for its government and which should add to the royal revenues. In this way he would augment the power of the Crown and render it less subject to the restraint of Parliament. But to found colonies that would set up little assemblies of their own to resist and thwart him, was not at all his intention.

On the other hand, many of the leading spirits of the London Company hoped "to establish a more free government in Virginia".[129] Some, perhaps, feared that the liberties of the English people might be suppressed by the King, and they looked hopefully to this new land as a haven for the oppressed. "Many worthy Patriots, Lords, Knights, gentlemen, Merchants and others ... laid hold on ... Virginia as a providence cast before them."[130] In the meetings of the Company were gathered so many that were "most distasted with the proceedings of the Court, and stood best affected to Religion and Liberty", that James began to look upon the body as a "Seminary for a seditious Parliament".[131]

The leader of these liberals was Sir Edwin Sandys. This man, who was widely known as an uncompromising enemy of despotism, was heartily detested by the King.[132] In his youth he had gone to Geneva to study the reformed religion and while there had become most favorably impressed with the republican institutions of the little Swiss state. He was afterwards heard to say that "he thought that if God from heaven did constitute and direct a forme of government on Earth it was that of Geneva".[133] Returning to England, he had entered Parliament, where he had become known as an eminent advocate of liberal principles. He had contended for the abolition of commercial monopolies; had demanded that all accused persons be given the assistance of counsel; had denounced many of the unjust impositions of the Crown; had raised "his voice for the toleration of those with whom he did not wholly agree"; and had aided in drawing up the remonstrance against the conduct of James towards his first Parliament.[134]

But Sandys and his friends were not without opposition in the London Company. Many of the "adventurers", as the stockholders were called, were by no means willing to permit the liberal party to utilize the Company as an instrument for propagating their political tenets. The great struggle between the forces of progress and reaction that was convulsing Parliament and the nation, was fought over again in the Quarter Courts. At times the meetings resounded with the quarrels of the contending factions. Eventually, however, Sandys was victorious, and representative government in America was assured.

Sandys seems to have planned to secure from the King successive charters each more liberal than its predecessor, and each entrusting more fully the control of the colony to the Company. This could be done without arousing the suspicions of James under the pretext that they were necessary for the success of the enterprise. When at length sufficient power had been delegated, Sandys designed to establish in Virginia a representative assembly, modelled upon the British Parliament.

Under the provisions of the charter of 1606 Virginia had been, in all but form, a royal colony. The King had drawn up the constitution, had appointed the Council in England, and had controlled their policies. This charter had granted no semblance of self-government to the settlers. But it was declared "They shall have and enjoy all the liberties, franchises, and immunities ... to all intents and purposes, as if they had been abiding and born, within ... this realm of England".[135] This promise was not kept by the Kings of England. Several of the provisions of the charter itself were not consistent with it. In later years it was disregarded again and again by the royal commissions and instructions. Yet it was of the utmost importance, for it set a goal which the colonists were determined to attain. Throughout the entire colonial period they contended for all the rights of native Englishmen, and it was the denial of their claim that caused them to revolt from the mother country and make good their independence. Provision had also been made for trial by jury. James had decreed that in all cases the Council should sit as a court, but in matters of "tumults, rebellion, conspiracies, mutiny, and seditions ... murther, manslaughter", and other crimes punishable with death, guilt or innocence was to be determined by a jury of twelve. To what extent the Council made use of the jury system it is impossible to say, but Wingfield states that on one occasion he was tried before a jury for slander, and fined £300.[136]

The second charter had been granted in 1609. This document is of great importance because through it the King resigned the actual control of the colony into the hands of the Virginia Company. And although this did not result immediately in the establishment of representative government, it strengthened the hands of Sandys and made it possible for him to carry out his designs at a future date. Under this charter the Company might have set up liberal institutions at once in Virginia, but conditions were not ripe, either in England or in America, for so radical a change.

In 1612 the third charter had been granted. This had still further strengthened the Company and made them more independent of the King. It gave them the important privilege of holding great quarterly meetings or assemblies, where all matters relating to the government of the colony could be openly discussed. Still Virginia remained under the autocratic rule of Dale and Gates.

In 1617 or 1618, however, when the liberals were in full control of the Company, it was decided to grant the colonists the privilege of a parliament.[137] In April, 1618, Lord De la Warr sailed for Virginia to reassume active control of affairs there, bringing with him instructions to establish a new form of government. What this government was to have been is not known, but it was designed by Sir Edwin Sandys, and beyond doubt, was liberal in form.[138] Possibly it was a duplicate of that established the next year by Governor Yeardley. Most unfortunately, Lord De la Warr, whose health had been shattered by his first visit to Virginia, died during the voyage across the Atlantic, and it became necessary to continue the old constitution until the Company could appoint a successor.[139]

In November, 1618, George Yeardley was chosen Governor-General of Virginia, and was intrusted with several documents by whose authority he was to establish representative government in the colony.[140] These papers, which became known as the Virginia Magna Charta, were the very corner-stone of liberty in the colony and in all America. Their importance can hardly be exaggerated, for they instituted the first representative assembly of the New World, and established a government which proved a bulwark against royal prerogative for a century and a half.

Governor Yeardley sailed from England January, 1619, and reached Virginia on the 29th of April. After some weeks of preparation, he issued a general proclamation setting in operation the Company's orders. It was decreed, "that all those who were resident here before the departure of Sir Thomas Dale should be freed and acquitted from such publique services and labors which formerly they suffered, and that those cruel laws by which we had so long been governed were now abrogated, and that now we were to be governed by those free laws which his Majesty's subjects live under in Englande.... And that they might have a hand in the governing of themselves, it was granted that a General Assembly should be held yearly once, whereat were to be present the Governor and Counsell, with two Burgesses from each plantation freely to be elected by the inhabitants thereof; this Assembly to have power to make and ordaine whatsoever lawes and orders should by them be thought good and proffittable for our subsistence."[141]

The exact date of the election for Burgesses is not known.[142] The statement that the representatives were to be "chosen by the inhabitants" seems to indicate that the franchise was at once given to all male adults, or at least to all freemen. "All principall officers in Virginia were to be chosen by ye balloting box." From the very first there were parties, and it is possible that the factions of the London Company were reflected at the polls in the early elections. The Magna Charta made provision for the establishment of boroughs, which were to serve both as units for local government and as electoral districts. No attempt was made to secure absolute uniformity of population in the boroughs, but there were no glaring inequalities. With the regard for the practical which has always been characteristic of Englishmen, the Company seized upon the existing units, such as towns, plantations and hundreds, as the basis of their boroughs. In some cases several of these units were merged to form one borough, in others, a plantation or a town or a hundred as it stood constituted a borough. As there were eleven of these districts and as each district chose two Burgesses, the first General Assembly was to contain twenty-two representatives.[143]

The Assembly convened at Jamestown, August 9th, 1619. "The most convenient place we could finde to sitt in," says the minutes, "was the Quire of the Churche Where Sir George Yeardley, the Governor, being sett down in his accustomed place, those of the Counsel of Estate sate nexte him on both hands excepte onely the Secretary then appointed Speaker, who sate right before him, John Twine, the clerk of the General Assembly, being placed nexte the Speaker, and Thomas Pierse, the Sergeant, standing at the barre, to be ready for any service the Assembly shoulde comand him. But forasmuche as men's affaires doe little prosper where God's service is neglected, all the Burgesses tooke their places in the Quire till a prayer was said by Mr. Bucke, the Minister.... Prayer being ended,... all the Burgesses were intreatted to retyre themselves into the body of the Churche, which being done, before they were fully admitted, they were called in order and by name, and so every man tooke the oathe of Supremacy and entered the Assembly."[144]

The body at once claimed and made good its right to exclude Burgesses who they thought were not entitled to seats. The Speaker himself raised an objection to admitting the representatives of Warde's plantation, because that settlement had been made without a commission from the London Company. But Captain Warde promised to secure a patent as soon as possible, and the objection was waived. The Assembly refused absolutely, however, to seat the Burgesses from Martin's Hundred. Captain Martin had been one of the first Council for Virginia, and as a reward for his long services had been granted privileges that rendered him almost independent of the government at Jamestown. He was summoned before the Assembly and requested to relinquish these extraordinary rights, but he refused to do so. "I hold my patent," he said, "for my service don, which noe newe or late comer can meritt or challenge."[145] So the Assembly, feeling that it would be mockery to permit the Burgesses from Martin's Hundred to assist in the making of laws which their own constituents, because of their especial charter, might with impunity disobey, refused to admit them.[146]

The legislative powers granted the Virginia Assembly in the Magna Charta, and continued with slight alterations after the revocation of the charter of the London Company, were very extensive. The Assembly could pass laws dealing with a vast variety of matters appertaining to the safety and welfare of the colony. Statutes were enacted in the session of 1619 touching upon Indian affairs, the Church, land patents, the relations of servants and landlords, the planting of crops, general morality in Virginia, the price of tobacco, foreign trade, etc. The collected laws of the entire colonial period fill many volumes, and cover a vast variety of subjects. But there were three things which limited strictly the Assembly's field of action. They must pass no statutes contravening first, the laws of England; secondly, the charters; thirdly, the instructions sent them by the London Company. When the colony passed into the hands of the King, all statutes were forbidden that conflicted with the charters, or with the instructions of the Crown. These restrictions lasted during the entire colonial period, but they were not always carefully regarded. The Company, and later the King, retained two ways of nullifying legislation which was unauthorized, or was distasteful to them. First, there was the veto of the Governor. As the guardian of the interests of England and his monarch, this officer could block all legislation. Secondly, the Company, and later the King, could veto laws even though the Governor had consented to them.

But the most important power exercised by the Assembly was its control over taxation in Virginia. In the very first session it made use of this privilege by ordering, "That every man and manservant of above 16 years of age shall pay into the handes and Custody of the Burgesses of every Incorporation and plantation one pound of the best Tobacco".[147] The funds thus raised were utilized for the payment of the officers of the Assembly.

The levy by the poll, here used, was continued for many years, and became the chief support of the government. As the colony grew, however, and the need for greater revenues was felt, customs duties and other forms of taxation were resorted to. Large sums were raised by an export duty upon tobacco. At times tariffs were placed upon the importation of liquors, slaves and other articles. But these duties had to be used with great care, for the carrying of the colony was done chiefly by English merchants, and Parliament would permit nothing detrimental to their interests.

The Assembly claimed the exclusive right to levy general taxes. The Governor and Council time and again tried to wrest this privilege from them, but never with success.[148] The Burgesses, realizing that their hold upon the exchequer was the chief source of their power, were most careful never to relinquish it. From time to time the Governors sought to evade this restraint by levying taxes under the guise of fees. But this expedient invariably excited intense irritation, and yielded a revenue so small that most Governors thought it best to avoid it entirely. Of more importance were the quit-rents, a tax on land, paid to the King by all freeholders. But this was frequently avoided, and, except at rare intervals, the funds raised by it were left in Virginia to be expended for local purposes. The greatest blow to the power of the Burgesses was struck by the King in 1680, when he forced through the Assembly a law granting to the government a perpetual income from the export duty on tobacco. This revenue, although not large, was usually sufficient to pay the Governor's salary, and thus to render him less dependent upon the Assembly. Finally, it must not be forgotten that the English government, although it refrained from taxing the colony directly, imposed an enormous indirect tax by means of a tariff upon tobacco brought into England. These duties were collected in England, but there can be no doubt that the incidence of the tax rested partly upon the Virginia planters. Despite these various duties, all levied without its consent, the Assembly exercised a very real control over taxation in Virginia, and used it as an effective weapon against the encroachments of the Governors.

From the very first the General Assembly showed itself an energetic and determined champion of the rights of the people. Time and again it braved the anger of the Governor and of the King himself, rather than yield the slightest part of its privileges. During the decade preceding the English Revolution only the heroic resistance of this body saved the liberal institutions of the colony from destruction at the hands of Charles II and James II.

The General Assembly was not only a legislative body, it was also a court of justice, and for many years served as the highest tribunal of the colony. The judicial function was entrusted to a joint committee from the two houses, whose recommendations were usually accepted without question. Since this committee invariably contained more Burgesses than Councillors, the supreme court was practically controlled by the representatives of the people. During the reign of Charles II, however, the Assembly was deprived of this function by royal proclamation, and the judiciary fell almost entirely into the hands of the Governor and Council.

The General Assembly consisted of two chambers—the House of Burgesses and the Council. In the early sessions the houses sat together and probably voted as one body.[149] Later, however, they were divided and voted separately. The Burgesses, as time went on, gradually increased in numbers until they became a large body, but the Council was always small.

The Councillors were royal appointees. But since the King could not always know personally the prominent men of the colony, he habitually confirmed without question the nominations of the Governor. The members of the Council were usually persons of wealth, influence and ability. As they were subject to removal by the King and invariably held one or more lucrative governmental offices, it was customary for them to display great servility to the wishes of his Majesty or of the Governor. It was very unusual for them to oppose in the Assembly any measure recommended by the King, or in accord with his expressed wishes. Although the Councillors were, with rare exceptions, natives of Virginia, they were in no sense representative of the people of the colony.

As the upper house of the Assembly, the Council exercised a powerful influence upon legislation. After the separation of the chambers their consent became necessary for the passage of all bills, even money bills. Their legislative influence declined during the eighteenth century, however, because of the growing spirit of liberalism in Virginia, and the increasing size of the House of Burgesses.

The executive powers entrusted to the Council were also of very great importance. The Governor was compelled by his instructions to secure its assistance and consent in the most important matters. And since the chief executive was always a native of England, and often entirely ignorant of conditions in the colony, he was constantly forced to rely upon the advice of his Council. This tendency was made more pronounced by the frequent changes of Governors that marked the last quarter of the seventeenth century. So habitually did the Council exercise certain functions, not legally within their jurisdiction, that they began to claim them as theirs by right. And the Governor was compelled to respect these claims as scrupulously as the King of England respects the conventions that hedge in and limit his authority.

Before the end of the seventeenth century the Council had acquired extraordinary influence in the government. With the right to initiate and to block legislation, with almost complete control over the judiciary, with great influence in administrative matters, it threatened to become an oligarchy of almost unlimited power.

But it must not be supposed that the influence of the Council rendered impotent the King's Governor. Great powers were lodged in the hands of this officer by his various instructions and commissions. He was commander of the militia, was the head of the colonial church, he appointed most of the officers, attended to foreign affairs, and put the laws into execution. His influence, however, resulted chiefly from the fact that he was the representative of the King. In the days of Charles I, in the Restoration Period and under James II, when the Stuarts were combating liberal institutions, both in England and in the colonies, the Governor exercised a powerful and dangerous control over affairs in Virginia. But after the English Revolution his power declined. As the people of England no longer dreaded a monarch whose authority now rested solely upon acts of Parliament, so the Virginians ceased to fear his viceroy.

The powers officially vested in the Governor were by no means solely executive. He frequently made recommendations to the Assembly, either in his own name or the name of the King, and these recommendations at times assumed the nature of commands. If the Burgesses were reluctant to obey, he had numerous weapons at hand with which to intimidate them and whip them into line. Unscrupulous use of the patronage and threats of the King's dire displeasure were frequently resorted to. The Governor presided over the upper house, and voted there as any other member. Moreover, he could veto all bills, even those upon which he had voted in the affirmative in the Council. Thus he had a large influence in shaping the laws of the colony, and an absolute power to block all legislation.

Such, in outline, was the government originated for Virginia by the liberal leaders of the London Company, and put into operation by Sir George Yeardley. It lasted, with the short intermission of the Commonwealth Period, for more than one hundred and fifty years, and under it Virginia became the most populous and wealthy of the English colonies in America.

The successful cultivation of tobacco in Virginia, as we have seen, put new life into the discouraged London Company. The shareholders, feeling that now at last the colony would grow and prosper, exerted themselves to the utmost to secure desirable settlers and to equip them properly. Soon fleets of considerable size were leaving the English ports for America, their decks and cabins crowded with emigrants and their holds laden with clothing, arms and farming implements.[150] During the months from March 1620 to March 1621 ten ships sailed, carrying no less than 1051 persons.[151] In the year ending March, 1622, seventeen ships reached Virginia, bringing over fifteen hundred new settlers.[152] And this stream continued without abatement until 1624, when disasters in Virginia, quarrels among the shareholders and the hostility of the King brought discouragement to the Company. In all, there reached the colony from November, 1619, to February, 1625, nearly five thousand men, women and children.[153]

Although tobacco culture was the only enterprise of the colony which had yielded a profit, it was not the design of Sandys and his friends that that plant should monopolize the energies of the settlers. They hoped to make Virginia an industrial community, capable of furnishing the mother country with various manufactured articles, then imported from foreign countries. Especially anxious were they to render England independent in their supply of pig iron. Ore having been discovered a few miles above Henrico on the James, a furnace was erected there and more than a hundred skilled workmen brought over from England to put it into operation. Before the works could be completed, however, they were utterly demolished by the savages, the machinery thrown into the river, all the workmen slaughtered,[154] and the only return the Company obtained for an outlay of thousands of pounds was a shovel, a pair of tongs and one bar of iron.[155] Efforts were made later to repair the havoc wrought by the Indians and to reëstablish the works, but they came to nothing. Not until the time of Governor Spotswood were iron furnaces operated in Virginia, and even then the industry met with a scant measure of success.

The Company also made an earnest effort to promote the manufacture of glass in Virginia. This industry was threatened with extinction in England as a result of the great inroads that had been made upon the timber available for fuel, and it was thought that Virginia, with its inexhaustible forests, offered an excellent opportunity for its rehabilitation. But here too they were disappointed. The sand of Virginia proved unsuitable for the manufacture of glass. The skilled Italian artisans sent over to put the works into operation were intractable and mutinous. After trying in various ways to discourage the enterprise, so that they could return to Europe, these men brought matters to a close by cracking the furnace with a crowbar. George Sandys, in anger, declared "that a more damned crew hell never vomited".[156]

In order to show that they were sincere in their professions of interest in the spiritual welfare of the Indians, the Company determined to erect a college at Henrico "for the training up of the children of those Infidels in true Religion, moral virtue and civility".[157] The clergy of England were enthusiastic in their support of this good design, and their efforts resulted in liberal contributions from various parts of the kingdom.[158] Unfortunately, however, the money thus secured was expended in sending to the college lands a number of "tenants" the income from whose labor was to be utilized in establishing and supporting the institution.[159] As some of these settlers fell victims to disease and many others were destroyed in the massacre of 1622, the undertaking had to be abandoned, and of course all thought of converting and civilizing the savages was given up during the long and relentless war that ensued.

Even more discouraging than these failures was the hostility of the King to the cultivation of tobacco in Virginia, and his restrictions upon its importation into England. Appeals were made to him to prohibit the sale of Spanish tobacco, in order that the Virginia planters might dispose of their product at a greater profit. This, it was argued, would be the most effective way of rendering the colony prosperous and self sustaining. But James, who was still bent upon maintaining his Spanish policy, would not offend Philip by excluding his tobacco from England. Moreover, in 1621, he issued a proclamation restricting the importation of the leaf from Virginia and the Somers Isles to fifty-five thousand pounds annually.[160] This measure created consternation in Virginia and in the London Company. The great damage it would cause to the colony and the diminution in the royal revenue that would result were pointed out to James, but for the time he was obdurate.[161] Indeed, he caused additional distress by granting the customs upon tobacco to a small association of farmers of the revenue, who greatly damaged the interests of the colony. In 1622, James, realizing that his policy in regard to tobacco was injuring the exchequer, made a compromise with the Company. The King agreed to restrict the importation of Spanish tobacco to 60,000 pounds a year, and after two years to exclude it entirely. All the Virginia leaf was to be admitted, but the Crown was to receive one third of the crop, while the other two thirds was subjected to a duty of six pence a pound.[162] This agreement proved most injurious to the Company, and it was soon abandoned, but the heavy exactions of the King continued. Undoubtedly this unwise policy was most detrimental to Virginia. Not only did it diminish the returns of the Company and make it impossible for Sandys to perfect all his wise plans for the colony, but it put a decided check upon immigration. Many that would have gone to Virginia to share in the profits of the planters, remained at home when they saw that these profits were being confiscated by the King.[163]

Yet the strenuous efforts of the London Company would surely have brought something like prosperity to the colony had not an old enemy returned to cause the destruction of hundreds of the settlers. This was the sickness. For some years the mortality had been very low, because the old planters were acclimated, and few new immigrants were coming to Virginia. But with the stream of laborers and artisans that the Sandys régime now sent over, the scourge appeared again with redoubled fury. As early as January, 1620, Governor Yeardley wrote "of the great mortallitie which hath been in Virginia, about 300 of ye inhabitants having dyed this year".[164] The sickness was most deadly in the newly settled parts of the colony, "to the consumption of divers Hundreds, and almost the utter destruction of some particular Plantations".[165] The London Company, distressed at the loss of so many men, saw in their misfortunes the hand of God, and wrote urging "the more carefull observations of his holy laws to work a reconciliation".[166] They also sent directions for the construction, in different parts of the colony, of four guest houses, or hospitals, for the lodging and entertaining of fifty persons each, upon their first arrival.[167] But all efforts to check the scourge proved fruitless. In the year ending March, 1621 over a thousand persons died upon the immigrant vessels and in Virginia.[168] Despite the fact that hundreds of settlers came to the colony during this year, the population actually declined. In 1621 the percentage of mortality was not so large, but the actual number of deaths increased. During the months from March, 1621, to March, 1622, nearly twelve hundred persons perished. It was like condemning a man to death to send him to the colony. Seventy-five or eighty per cent. of the laborers that left England in search of new homes across the Atlantic died before the expiration of their first year. The exact number of deaths in 1622 is not known, but there is reason to believe that it approximated thirteen hundred.[169] Mr. George Sandys, brother of the Secretary of the London Company, wrote, "Such a pestilent fever rageth this winter amongst us: never knowne before in Virginia, by the infected people that came over in ye Abigall, who were poisoned with ... beer and all falling sick & many dying, every where dispersed the contagion, and the forerunning Summer hath been also deadly upon us."[170] Not until 1624 did the mortality decline. Then it was that the Governor wrote, "This summer, God be thanked, the Colony hath very well stood to health".[171] The dread sickness had spent itself for lack of new victims, for the immigration had declined and the old planters had become "seasoned".

History does not record an epidemic more deadly than that which swept over Virginia during these years. It is estimated that the number of those that lost their lives from the diseases native to the colony and to those brought in from the infected ships amounts to no less than four thousand.[172] When the tide of immigration was started by Sir Edwin Sandys in 1619, there were living in Virginia about nine hundred persons; when it slackened in 1624 the population was but eleven hundred. The sending of nearly five thousand settlers to Virginia had resulted in a gain of but two hundred. It is true that the tomahawk and starvation accounts for a part of this mortality, but by far the larger number of deaths was due to disease.

Yet hardly less horrible than the sickness was the Indian massacre of 1622. This disaster, which cost the lives of several hundred persons, struck terror into the hearts of every Englishman in Virginia. The colonists had not the least intimation that the savages meditated harm to them, for peace had existed between the races ever since the marriage of Rolfe and Pocahontas. Considering the protection of their palisades no longer necessary after that event, they had spread out over the colony in search of the most fertile lands. Their plantations extended at intervals for many miles along both banks of the James, and in the case of a sudden attack by the Indians it would obviously be difficult for the settlers to defend themselves or to offer assistance to their neighbors.

The apparent friendship of the Indians had created such great intimacy between the two races, that the savages were received into the homes of the white men and at times were fed at their tables.[173] At the command of the London Company itself some of the Indian youths had been adopted by the settlers and were being educated in the Christian faith. So unsuspecting were the people that they loaned the savages their boats, as they passed backward and forward, to formulate their plans for the massacre.[174]

The plot seems to have originated in the cunning brain of Opechancanough. This chief, always hostile to the white men, must have viewed with apprehension their encroachment upon the lands of his people. He could but realize that some day the swarms of foreigners that were arriving each year would exclude the Indians from the country of their forefathers. Perceiving his opportunity in the foolish security of the English and in their exposed situation, he determined to annihilate them in one general butchery.

His plans were laid with great cunning. Although thousands of natives knew of the design, no warning reached the white men until the very eve of the massacre. While Opechancanough was preparing this tremendous blow, he protested in the strongest terms his perpetual good will and love, declaring that the sky would fall before he would bring an end to the peace.[175] In order to lull the suspicions of the planters, "even but two daies before the massacre", he guided some of them "with much kindnesse through the woods, and one Browne that lived among them to learne the language", he sent home to his master. The evening before the attack the Indians came as usual to the plantations with deer, turkeys, fish, fruits and other provisions to sell.[176]

That night, however, a warning was received, which although too late to save the most remote settlements, preserved many hundreds from the tomahawk. Chanco, an Indian boy who had been adopted by an Englishman named Race, revealed the entire plot to his master. The man secured his house, and rowed away before dawn in desperate haste to Jamestown, to give warning to the Governor. "Whereby they were prevented, and at such other plantations as possibly intelligence could be given."[177]

The assault of the savages was swift and deadly. In all parts of the colony they fell upon the settlers, and those that had received no warning were, in most cases, butchered before they could suspect that harm was intended. Sometimes the Indians sat down to breakfast with their victims, "whom immediately with their owne tooles they slew most barbarously, not sparing either age or sex, man woman or childe".[178] Many were slain while working in the fields; others were trapped in their houses and butchered before they could seize their weapons. The savages, "not being content with their lives,... fell againe upon the dead bodies, making as well as they could a fresh murder, defacing, dragging, and mangling their dead carkases into many peeces".[179]

That the plot was so successful was due to the completeness of the surprise, for where the English made the least resistance the savages were usually beaten off. A planter named Causie, when attacked and wounded and surrounded by the Indians, "with an axe did cleave one of their heads, whereby the rest fled and he escaped; for they hurt not any that did either fight or stand upon their guard. In one place where they had warning of it, (they) defended the house against sixty or more that assaulted it."[180]

At the plantation of a Mr. Harrison, where there were gathered seven men and eighteen or nineteen women and children, the savages set fire to a tobacco house and then came in to tell the men to quench it. Six of the English, not suspecting treachery, rushed out, and were shot full of arrows. Mr. Thomas Hamor, the seventh man, "having finished a letter he was writing, followed after to see what was the matter, but quickly they shot an arrow in his back, which caused him to returne and barricade up the dores, whereupon the Salvages set fire to the house. But a boy, seizing a gun which he found loaded, discharged it at random. At the bare report the enemy fled and Mr. Hamor with the women and children escaped."[181] In a nearby house, a party of English under Mr. Hamor's brother, were caught by the Indians without arms, but they defended themselves successfully with spades, axes and brickbats.[182]

One of the first to fall was Reverend George Thorpe, a member of the Virginia Council, and a man of prominence in England.[183] Leaving a life of honor and ease, he had come to Virginia to work for the conversion of the Indians. He had apparently won the favor of Opechancanough, with whom he often discoursed upon the Christian religion. At the moment of his murder, his servant, perceiving the deadly intent of the savages, gave him warning, but his gentle nature would not permit him to believe harm of those whom he had always befriended, and he was cut down without resistance.[184]

The barbarous king failed in his design to destroy the English race in Virginia, but the massacre was a deadly blow to the colony. No less than three hundred and fifty-seven persons were slaughtered, including six Councillors. The news of the disaster brought dismay to the London Company. For a while they attempted to keep the matter a secret, but in a few weeks it was known all over England. Although the massacre could not have been foreseen or prevented, it served as a pretext for numerous attacks upon Sandys and the party which supported him. It discouraged many shareholders and made it harder to secure settlers for the colony. Even worse was the effect in Virginia. The system of farming in unprotected plantations, which had prevailed for some years, had now to be abandoned and many settlements that were exposed to the Indians were deserted. "We have not," wrote the Assembly, "the safe range of the Country for the increase of Cattle, Swyne, etc; nor for the game and fowle which the country affords in great plentye; besides our duties to watch and warde to secure ourselves and labor are as hard and chargeable as if the enemy were at all times present."[185]