Thus in the years prior to the Restoration Virginia was never fully subjected to the operation of the British colonial system. When the price of tobacco in the London market fell lower and lower, the planters might and often did find relief by defying the King's commands and trading directly with the Dutch.[4-37] And this benefitted them doubly, for not only did they strike a better bargain with the foreign traders, but every cargo of tobacco diverted from England tended to relieve the market there and restore prices. In fact there can be little doubt that the frequent violations of the trade restrictions of this period alone saved the colony from the poverty and distress of later days and made possible the prosperity enjoyed by the planters.

It must be noted also that of the tobacco sent to England itself, a part was reshipped to foreign countries. In 1610 a law was enacted for the refunding of all import duties upon articles that were re-exported. This drawback applied also to colonial products, but under Charles I an exception was made in their case and the privilege withdrawn. In consequence the importers made a vigorous protest in Parliament, and the King, in 1631, modified his policy by ordering that of the nine pence duty then in operation, six pence should be refunded when the tobacco was shipped abroad. In 1632 the drawback was increased to seven pence leaving the total duty paid by the merchants who traded through England to foreign countries two pence a pound only.[4-38] Although this constituted a most serious obstacle to trade and at times aroused the merchants to bitter protest, it by no means completely blocked re-exportation. So great were the natural qualifications of Virginia for producing tobacco, that it was possible to purchase a cargo from the planters on the James, proceed with it to London, pay there the two pence a pound duty, reship it to the continent and sell it there at a profit.[4-39] Although this trade was not extensive, it must have had an important influence in maintaining prices and in bringing prosperity to all classes in the colony.

Thus Virginia, contrary to the wishes of the mother country and in defiance of her regulations, enjoyed for its staple product in the years prior to 1660, a world market. Whether by direct trade or by re-exportation from England a goodly share of the annual crop was consumed in foreign countries, a share which had it been left in England to clog the market, would have reacted disastrously upon all concerned.

It is apparent, then, that in the first half century of its existence Virginia was the land of opportunity. The poor man who came to her shores, whether under terms of indenture or as a freeman, found it quite possible to establish himself as a person of some property and consideration. We may imagine the case of the servant who had completed his term and secured his freedom at any time during the third decade of the Seventeenth century. As we have seen, it was an easy matter for him to secure a small patch of land and the tools with which to cultivate it. By his unassisted efforts, if he applied himself steadily to the task, he could produce a good crop of tobacco, consisting perhaps of some 400 pounds. This he could sell to the merchants for from two shillings to six pence a pound, or a total of from £10 to £40.[4-40]

In the years from 1630 to 1640, when the price of tobacco seems to have stabilized itself at from two to three pence, cases of such extraordinary returns must have been of less frequent occurrence, but to some extent lower prices were offset by larger crops. If our freedman in 1635 could raise 800 pounds of leaf and dispose of it for four pence, his income would be £13.6.8; in 1649, by producing 1,000 pounds, he could sell it at three pence for £12.10.0. In fact, it is not too much to say that the average annual income from the labor of one able worker at any time prior to 1660 was not less than £12. When we take into consideration the fact that the planter produced his own food, and that out of the proceeds of his tobacco crop he paid only his taxes and his bills to the English importers, it is evident that he had a goodly margin of profit to lay aside as working capital.

It must not be forgotten, however, that this margin was greatly reduced by the high cost of clothing, farm implements and all other articles brought from across the ocean. The long and dangerous voyage from London to the Chesapeake made the freight rates excessive, while the merchants did not scruple to drive a hard bargain whenever possible. The letters of the Governors are filled with complaints against the exactions of these men. "This year the Merchants have bought our tobacco with their commodities at less than a penny the pounde," Harvey wrote in 1630, "and have not shamed to make the planters pay twelve pounds Sterlinge the tunn freight home."[4-41] Two years later he complained that a certain Captain Tucker had just sailed leaving his stores well stocked with goods, but with "instructions to his factors not to sell but at most excessive rates."[4-42] In 1628, the Governor, Council and Burgesses, in a petition to the King, declared that for years they had "groaned under the oppression of unconscionable and cruel merchants by the excessive rates of their commodities."[4-43] Six years later Governor Harvey stated that all things which "come hither" are sold at "thrice the value they cost in England."[4-44]

It is obvious, however, that after all expenses had been paid, a goodly margin of profit was left, a margin perhaps averaging some three or four pounds sterling. The provident and industrious immigrant, a few years after the conclusion of his term, might well lay aside enough to make it possible for him in turn to secure a servant from England. This accomplished, he at once rose into the class of employers and his future advance was limited only by his capabilities and his ambition.

We would naturally expect to find, then, that during these years a large percentage of those who came to the colony under terms of indenture, sooner or later acquired land, perhaps bought servants, and became persons of some standing in the colony. Certainly the opportunity was theirs. It will be interesting therefore to study the early records in order to glean what evidence we may concerning this matter. If the servants graduated in any appreciable numbers into the planter class, the patents, wills, inventories, land transfers and muster rolls could hardly fail to yield some evidence of the fact.

Turning first to the earliest period, we find that of the laborers who were imported by the London Company to cultivate the public lands, a fair proportion became proprietors and were regarded by later comers with especial esteem as "ancient planters." At the termination of their service they were granted 100 acres and when this was fully cultivated received another tract of the same extent. To the apprentices bound out to tenants even more liberal treatment was accorded, for they were provided with a year's store of corn, a house, a cow, clothing, armor, household utensils, farm tools and as much land as they could till.[4-45]

The guiding hand of the Company was missed by the freedmen after the revoking of the charter, for the Governors seem to have left them to shift for themselves. Yet this fact did not prevent many from forging ahead, acquiring land, and in some cases positions of trust in the Government itself. In Hotten's Immigrants is published a muster roll for the year 1624 of all the settlers in Virginia, in which servants are carefully distinguished from freemen.[4-46] By following, as well as the imperfect records of the period permit, the after careers of the former, it is possible to determine with a fair degree of accuracy to what extent the small farmer class at this period was recruited from persons coming to the colony under terms of indenture.

Of the forty-four Burgesses who sat in the Assembly of 1629, no less than seven—John Harris, William Allen, William Popleton, Anthony Pagett, Richard Townsend, Adam Thoroughgood and Lionell Rowlston—were listed as servants in the muster of 1624.[4-47] Thus some sixteen per cent of this important body, the Virginia House of Commons, at this time was made up of men who five years previously had been working out their passage money. Among the thirty-nine members of the House of 1632, six appear as servants in the muster—Thomas Barnett, Adam Thoroughgood, Lionell Rowlston, Thomas Crump, Roger Webster and Robert Scotchmon. Whether there were other members who came over under terms of indenture but secured their freedom before 1624, we have no means of determining.

The author of Virginia's Cure, published in 1662, asserted that the Burgesses "were usual such as went over as servants thither; and though by time, and industry, they may have obtained competent estates, yet by reason of their poor and mean condition, were unskilful in judging of a good estate, either of church or Commonwealth."[4-48] This statement is a gross exaggeration both as to the composition of the Burgesses and their abilities. Instances of the election of freedmen to the House, fairly frequent in the early years of the colony, became rarer as the century advanced and the field of selection widened. Yet in the Assembly of 1652, of the thirty-five members, eight or nine appear on the patent rolls as headrights brought over by others.[4-49] It is evident that even so late as the middle of the century the door of opportunity was still open to the freedmen.

In the absence of a complete census for the decades after 1624, it is very difficult to determine what proportion of the servants listed in the muster roll of that year subsequently became landowners. Some light is thrown on the matter by a search through the patent books. Here are found a surprisingly large number of persons who in 1624 were servants. Among these are Anthony Jones, John Sparkes, John Cooke, Roger Delk, John Trussell, William Woolritch, Pettyplace Cloyse, Edward Sparshott, William Dawson, Richard Bell, Robert Browne, Nicholas Browne, John Chandler, Lionell Rowlston, Thomas Savadge, Samuel Bennett, Daniel Shurley, James Hatfield, Adam Thoroughgood, John Robinson, John Hill, John Seaward, William Ramshaw, Samuel Weaver, John Upton, John Watson, Thomas Crompe and John Russell.[4-50]

Of these persons several acquired a fair degree of wealth and became of importance in the early life of the colony. It is interesting to note also, that some were men of good condition in England, the case of Adam Thoroughgood, whose brother Sir John Thoroughgood was at one time secretary to the Earl of Pembroke, is notable in this respect. John Hill, before coming to Virginia, had been a book binder in Oxford university, and his father had been a fletcher.[4-51] The patents of Thomas Crompe and John Russell state that fifty acres was due in each case for the "personal adventure" of the patentee, but since they are distinctly listed as servants in 1624 it seems probable that subsequently each made a visit to England and put in claims for the headright for the return voyage.[4-52]

Thus it is evident that a large proportion of the landholders during and prior to 1635 had come to the colony under terms of indenture, either under the Company or with private individuals. Perhaps it would not be unfair to estimate this proportion at from thirty to forty per cent, but it must be distinctly understood that the matter cannot be determined with any degree of accuracy or finality. Some years later Governor Berkeley in an address before the Assembly, stated that hundreds of examples testified to the fact that no man in Virginia was denied the opportunity to rise and to acquire both property and honor.[4-53] Careful research tends to corroborate this assertion but it does not and cannot show whether the bulk of the early planters came to the colony as freemen or as indentured servants.

During the years from 1635 to 1660 the process of building up a class of small farmers in large part from freedmen continued unabated. But the difficulties of the investigator in studying this period are also very great. Yet it is possible, by examining the names that appear in the land patents and wills, and comparing them with the list of headrights, to arrive at fairly satisfactory results. We find that of the 131 persons listed in the York county wills from 1646 to 1659 no less than twenty-five appear as headrights for others. Of these the major part became landowners, some of them men of influence in Virginia.[4-54] The Rappahannock wills for the years from 1656 to 1664 show a like result. Thirty-nine persons appear in the records, of whom seven came in as headrights.[4-55]

There is always the possibility of error in identifying these persons for the recurrence of such names as Smith, Jones, Turner, Davis, Hall, the monotonous repetition of a few common given names, and the universal omission of middle names add greatly to our difficulties. Moreover, mistakes are apt to occur because of the transfer of headrights by sale. The free immigrant to whom was due fifty acres for his "personal adventure" might not care to settle on the frontier where alone unpatented land could usually be found. At times he sold his right and purchased a plantation in some one of the older and more advanced counties. It is not conclusively proved, then, that a certain person came as a servant merely because he is listed as a headright. On the other hand, the fact that it was the custom to set forth such transfers clearly in the patent itself, justifies the conclusion that in the cases where no statement of the kind is made, the headright for which the land was granted usually came in under terms of indenture.

In Volume III of the land patents are listed in the years from 1635 to 1653 patents to fifty-seven persons in James City county.[4-56] Of these no less than thirty-one are found also as headrights belonging to others, although a duplication of names in several cases makes identification uncertain. One person only claimed the fifty acres for having paid his own passage to Virginia. When all possible allowance is made for transfers of rights it is obvious that at this time freedmen were still entering freely into the class of landowners.

An examination of the James City county patents in Volume IV, covering the years from 1653 to 1663, leads to similar results, for of the eighty-five names which appear there, forty-five are listed as headrights belonging to others. And although the tracts granted these men were usually small in size, in certain cases they were far in excess of the average plantation. Thus Edward Cole, who appears as a headright in 1642, patented 900 acres in 1655;[4-57] Thomas Warburton patented 1,664 acres;[4-58] George Gilbert 1,000 acres; Francis Burwell 1,000 and John Underwood 2,000 acres.[4-59] The number of years which elapsed between the listing of the headrights and the granting of the patents varied from two to twenty-eight. The average for the thirty-five cases in which the dates are given is twelve years. As the claims for headrights were often made long after the actual arrival of the servant, it may be assumed that the average was even greater than this. Once more, however, it must be remembered that these lists do not record personal transfers of land, while it is quite certain that many freedmen, instead of patenting unoccupied tracts, secured their little farms by purchase. Some probably became proprietors in the very first year of their freedom and set to work with hoe and plow to wrest their living from the soil.

In the patent rolls the bulk of the headrights are alluded to simply as "persons," leaving it undecided whether those included in the various lists are freemen or servants. But occasionally the newcomers are specifically described as "servants," in which case, of course, there can be no doubt whatever as to their status. By selecting at random a number of names from those so termed, avoiding for convenience sake all Smiths, Joneses and others the frequent recurrence of whose names would make identification difficult, it is possible to arrive at definite conclusions by following, as best we can, their careers in after life. With this in view we have made up the following list of servants: Henry Arnetrading, George Archer, Silvester Atkins, Nicholas Atwell, Edward Ames, John Aram, Robert Arnall, Peter Asheley, William Baldwin, Edward Burt, Francis Baile, John Bauchees, John Bishop, John Blackstone, Anthony Box, Michael Brichley, Peter Buck, William Burcher, John Causey, Robert Chesheire, Thomas Chilcott, Thomas Clayton, Annanias Coplestone, James Courtney, Thomas Cropp, Thomas Connagrave, John Day, John Dodman, Jonathan Ellison, Edward Eastwood, James Fletcher, Thomas Foanes, John Fouke, Francis Francklin, Armstrong Foster, Robert Fossett, John Farr, Robert Garsell, George Gilbert, Henry Giles, Hector Godbear, Francis Gray, Reginald Griffin, Thomas Halcock, Thomas Hand, Henry Hartwell, Hugh Hayes, John Hedler, Richard Huett, John Hodgbins, John Holdin, William Hankinson, John Hether, Lazarus Manning, Thomas Pattison, John Pullapin, Sampson Robins, George Walton, Francis Withers, Robert Webstie and Thomas Warden. A search through the patent rolls, wills, tithable lists and other data found in the records of the period, has led to the more or less positive identification of fifteen of these persons.

John Bishop, who was transported by Thomas Gray, became a man of influence and means. He represented Charles City county in the House of Burgesses in the sessions of 1644, 1652 and 1653, and was variously known as Captain Bishop or Mr. Bishop.[4-60] Although he became a landowner so early as 1638,[4-61] his family arrived from England only in 1651. Francis Gray, brought to Virginia at the age of fifteen by Joseph Johnson, also became prominent, securing a seat in the Assembly and acquiring a fair estate. In 1653 he took up 750 acres in Charles City county, while ten years later he is credited with 374 acres more in Westmoreland.[4-62] His will was recorded in 1667.[4-63]

George Archer became an extensive landowner, patenting 250 acres in 1663, 550 acres in 1665, 784 acres in 1671 and 1,395 acres in 1673.[4-64] In 1691 he received, in conjunction with others, title to a tract of 2,827 acres in Henrico.[4-65] John Holding patented in York county 850 acres in 1649 and 389 acres in 1653.[4-66] William Baldwin, who came in the Plaine Joan when he was twenty-four years of age, received three grants of land, one for 600 acres in York county, one for 67 acres in Isle of Wight, and one, in conjunction with Richard Lawrence, for 300 in Rappahannock.[4-67]

Thomas Pattison, transported by Francis Epes in 1635, took up in Lancaster two tracts, one for 200 acres and one for 400.[4-68] He also became part owner of two more tracts, one for 220 acres and the other for 504.[4-69] John Dodman secured a patent for 350 acres in Westmoreland in the year 1662.[4-70] Thomas Warden is mentioned as a landowner in James City county in 1643.[4-71] George Gilbert, transported in 1635 by Joseph Johnson, took up fifty acres in James City county in 1643.[4-72] In 1663, in partnership with Richard Scruely, he patented 1,000 acres in the same county north of the Chickahominy river.[4-73] John Blackstone acquired two tracts, one for 100 acres and the other for 151 acres,[4-74] while William Burcher received a grant for 300 acres.[4-75]

Several of these men who came as servants to the Eastern Shore are found in succeeding years among the yeomanry of Accomac and Northampton. Henry Arnetrading, Armstrong Foster, William Burcher and Sampson Robins were signers of the Northampton submission to the Commonwealth in 1652.[4-76] Henry Arnetrading was the owner of 300 acres of land.[4-77] Armstrong Foster was the official tobacco viewer for Hungers, a position entailing no little responsibility.[4-78] Sampson Robins received a patent for a tract of land in Northampton in 1655.[4-79] Thomas Clayton is listed among the Northampton tithables of 1666.[4-80]

In the case of John Day some uncertainty arises. Apparently there were two men of this name in the colony, one transported by John Slaughter, and the other not only paying for his own passage, but for that of a servant as well.[4-81] A John Day later secured 400 acres in Gloucester county,[4-82] but whether it was the one who had come as a servant or the one who had entered the colony as a freeman, apparently there is no way of ascertaining.

All in all the story of these men tends to confirm the conclusions hitherto arrived at. It must be remembered that the mortality among the servants in the tobacco fields in the early days of the colony was extremely heavy. It is not improbable that of our sixty-one servants, twenty or more succumbed before the completion of their first year. That of the remaining forty-one, fourteen or fifteen established themselves as solid farmers, while several became men of influence in the colony, is a striking proof that at this period many freedmen had the opportunity to advance. Taking it for granted that the records of some of the sixty-one have been lost, or that our research has failed to reveal them, we once more come to the conclusion that a full thirty or forty per cent of the landowners of the period from 1635 to 1666 came to the colony under terms of indenture.

On the other hand, it is equally positive that the class of poor planters was recruited in part from free immigrants, men who paid their own passage across the ocean and at once established themselves as freeholders. Of this too, the records furnish ample testimony. Thus in 1636 we find that Richard Young was granted 100 acres in Warwick "due him for his personal adventure and for the transportation of his wife Dorothy Young."[4-83] A year later Roger Symonds received 100 acres in Charles City "due him for the transportation of his wife, Alice, and one servant, Richard Key."[4-84] Similarly in May 1636, Thomas Wray was allowed 50 acres for his "personal adventure." Such cases could be multiplied indefinitely.[4-85]

A careful analysis of the patent rolls from 1623 to July 14, 1637, published in the Virginia Magazine of History and Biography for April, 1901, shows conclusively that the lists contain the names of many persons who at no time were under terms of indenture. Of the 2,675 names appearing in the records, the editor states that 336 are positively known to have come over as freemen, many of them being heads of families. "There are 245 persons whose names do not occur as headrights and yet of whom it is not positively shown that they were freemen, though the probability seems to be that by far the greater number were. And there were 2,094 persons whose transportation charges were paid by others. This last number includes some negroes, all those specifically termed 'servants' and all others.... It would probably be a fair estimate to say that of the names represented in the patents cited, there were about 675 free men, women and children who came to Virginia and about 2000 servants and slaves."[4-86] Similarly in the issue of the magazine for January, 1902, the editor says that "for some years, about this period, it is probable (from the best calculations which can be made) that seventy-five per cent of the emigrants to Virginia were indentured servants."[4-87]

There seems to be no reason to doubt the accuracy of these conclusions. Certainly any study of immigration to Virginia in the Seventeenth century is woefully incomplete if it fails to take into consideration the very considerable proportion of free settlers. On the other hand, it is probable that a similar study of the lists for a later date would show a smaller percentage of freemen. However this may be, it is evident that by far the larger part of the newcomers at all periods must have been indentured servants intended for service in the tobacco fields. In 1638 Richard Kemp wrote Secretary Windebanke that "of hundreds which are yearly transported, scarce any but are brought in as merchandise to make sale of."[4-88]

Yet it must not be forgotten that any immigration of poor freemen, however small, would have a very marked influence upon the formation of the small farmer class. Of the host of servants a certain proportion only, a proportion probably less than fifty per cent, could hope even in the most favorable times to become freeholders. If they survived the hardships and dangers of the service with their masters, it still remained for them to acquire property and win for themselves a place in the life of the colony. And to accomplish this they must display determination, intelligence, industry and thrift, qualities by no means universal among the classes in England from which the servants were chiefly drawn. But for the free immigrant there need be no period of probation. He might at once purchase his farm, erect his home, secure all necessary tools and put out his crop of tobacco. And whereas the servant usually found it possible to maintain a family only after many years of hard work, perhaps not at all, the free settler often married before leaving England and brought his wife and children with him.

In conclusion it may be said that in the first fifty years of the colony's existence conditions were very favorable for the graduation of the servant into the class of small freeholders, that the records amply prove that many succeeded in doing so, but that at this period a fair proportion of free immigrants also came to the colony. Before the expiration of the Commonwealth period was formed from these two sources, perhaps in not unequal proportions, a vigorous, intelligent, independent yeomanry, comprising fully 90 percent of all the landowners.


CHAPTER V

The Restoration Period

The people of Virginia hailed the Restoration with unaffected joy. Not only did they anticipate that the termination of the long period of civil war and unrest in England would react favorably upon their own prosperity, but they felt that Sir William Berkeley's well known loyalty and his action in proclaiming Charles II immediately after the execution of his father, might assure them the King's especial favor now that he at last had come into undisputed possession of his throne. They were doomed to bitter disappointment, however, for the Restoration brought them only hardship and suffering, discontent and rebellion.

No sooner had the royal Government been safely installed than it set to work to perfect and to enforce the colonial policy which in principle had been accepted from the first. The ties which united the colonies with the mother country were strengthened, those which gave them a common interest with foreign nations in so far as possible were snapped. The British empire was to become a unit, closely knit by economic bonds and presenting to all other nations a hostile front. With this in view Parliament passed a series of Navigation Acts, under which the trade of the colonies was regulated for many years to come.

It is necessary for us to enquire, therefore, into the effects of these laws upon the tobacco trade, for tobacco, as we have seen, was the key to the prosperity of the colony, and favorable economic conditions alone could make it possible for the newcomer to establish himself as a member of the Virginia yeomanry. If the strict enforcement of the Navigation Acts should bring low prices for tobacco and wipe out the margin of profit for the man who tilled the soil with his own hands, not only would the small planter class not expand, but might actually decline in numbers.

There were three main features of the colonial legislation of Parliament during this period, all of them interrelated and all tending toward the one great object of keeping the English plantations for the English. It was provided that the chief colonial products such as tobacco and sugar should be sent only to England or to English colonies, that the colonies should with few exceptions import goods only from British territory, that all products taken to or from any colony should be conveyed only in English vessels manned by crews composed mainly of Englishmen.

In committing itself to this policy the royal Government felt that the plantations would play a useful and necessary part in the great system which was planned, and in so doing would find prosperity. It had been the hope of the English people that their colonies would produce the articles which were so badly needed by the mother country to revive her waning industry and permit a greater measure of economic independence. Although more than half a century had passed since the first foothold had been gained upon the American continent, this expectation was as far from realization as ever. The colonies, from Massachusetts to Barbados were producing, not the articles which England especially needed, but those for which they had the greatest natural aptitude, especially tobacco and sugar. And these staples they sent, not to England alone, but to various foreign countries as well.

In short the vision of a closely knit, self-sustaining empire, the vision which had been in men's minds for many decades before the founding of Jamestown, seemed to have proved delusive. The colonies were developing interests and commercial connections hostile to those of the mother country, were nourishing the manufactures and shipping of foreign nations almost as much as those of England. And this the Government at London would not tolerate. The colonial trade with strangers must come to an end. If Virginia and Maryland produced more tobacco than the English market could absorb, they could find ready relief by turning their energies into other channels. Let them furnish the old country with pig iron or potash or silk or ship-stores and they would find ready and eager purchasers. So reasoned the English, and as their views were backed by the mandates of Crown and Parliament, the colonists were forced to submit. If they could fit themselves into the system prescribed for them, all would be well and good; if they found this impossible, they would have to suffer without hope of redress.

And suffer Virginia did for a full quarter of a century. The tobacco of the Chesapeake bay colonies had long since reached the point where it required a world market. If confined to England alone, only a fraction of the output could be consumed and disaster was certain. It was well enough for the Government to restrict the importation of Spanish leaf and to prohibit the planting of tobacco in England, these regulations could do no more than give the colonists undisputed possession of the home market, and the home market was not enough. This point seems to have been ignored by those writers who have contended that the strict enforcement of the British colonial system in itself entailed no hardship upon the tobacco colonies.

"It is obvious that any criticism of England's regulation of the colonial tobacco trade, which is based on a laissez-faire social philosophy," says George Lewis Beer, in The Old Colonial System, "is equally applicable to the arrangement by means of which the tobacco planter secured exclusive privileges in the home market."[5-1] Yet it is certain that the tobacco growers of England could never have competed with Maryland and Virginia had there been free trade. The prohibition of planting in the old country was necessary only because of the tariff, varying from 200 per cent in 1660 to 600 per cent in 1705, upon the colonial product. And though the exclusion of Spanish tobacco was a more real benefit, for the Spaniard produced varieties unknown in Virginia, there is exaggeration here also. This is clearly shown by the fact that at the end of the Seventeenth century England was sending millions of pounds of her colonial tobacco to Spain itself.[5-2] The leaf was brought from Virginia and Maryland, forced to pay a duty of about fifty per cent, and re-exported to the Spanish ports, where it found a ready sale. Had there been free exchange of commodities, the English colonies would have sold to Spain more tobacco than the Spanish colonies to England.

In truth the loss of the foreign market was a terrible disaster. In framing the Navigation Acts it was not the intention of the Government to stop entirely the flow of tobacco to the continent of Europe, but to divert it from the old channels and make it pass through England. It was therefore provided that in case the leaf was shipped out again to foreign ports, all the duties, except one half of the Old Subsidy, should be withdrawn.[5-7] The remaining half penny, however, amounted to forty or fifty per cent of the original cost of the goods, and proved at first an almost insuperable barrier to the European trade. Moreover, the shortage of ships which resulted from the exclusion of the Dutch merchants, the expense of putting in at the English ports, the long and troublesome procedure of reshipping, all tended to discourage the merchants and hamper re-exportation.

We may take for granted also that the resentment of Holland at the Navigation Acts, which struck a telling blow at her maritime prestige, played an important part in blocking foreign trade. The Dutch had been the chief European distributors of the Virginia and Maryland tobacco, and if they refused to take it, now that it could be secured only in England, it would pile up uselessly in the London warehouses. They understood well enough that the half penny a pound duty was a tribute levied upon them by their most dangerous rival. It is not surprising that instead of bowing to the new restrictions, they sought to free their trade entirely from dependence on British tobacco, by fostering the cultivation of the plant in their own country.

The colonists found an able defender in the merchant John Bland. In a Remonstrance addressed to the King this man set forth with remarkable clearness the evils which would result from the Navigation Acts, and pleaded for their repeal. The Hollander was already beginning to plant tobacco, he said, and would soon be able to supply all his needs at home. "Will he, after accustomed to the tobacco of his own growth," he asked, "ever regard that which is in Virginia? Will he ever afterwards be induced to fetch it thence, when he finds his profit higher at home? Will he ever buy that of us, when by passing so many hands, and so much charge contracted thereon, is made so dear, that he can have it cheaper in his own territories? (Surely no.) Therefore it clearly appears, that being so, of necessity we must lose that Trade and Commerce."

"If the Hollanders must not trade to Virginia, how shall the Planters dispose of their Tobacco? The English will not buy it, for what the Hollander carried thence was a sort of tobacco not desired by any other people, nor used by us in England but merely to transport for Holland. Will it not then perish on the Planters hands?... Can it be believed that from England more ships will be sent than are able to bring thence what tobacco England will spent? If they do bring more, must they not lose thereby both stock and Block, principle and charges? The tobacco will not vend in England, the Hollanders will not fetch it from England; what must become thereof?... Is not this a destruction to the commerce? For if men lose their Estates, certainly trade cannot be encreased."[5-8]

The enforcement of the trade laws was indirectly the cause of still another misfortune to the colonies, for the two wars with Holland which grew out of it reacted disastrously upon their trade. In fact, on each occasion the small stream of tobacco which had trickled over the dam of restrictions into foreign countries was for a time almost entirely cut off. Not only did the tobacco exports to Holland itself come to an end, but the Dutch war vessels played havoc with the trade between England and other countries and even between England and her colonies.

The loss of their foreign exports was calamitous to the planters. Had the demand for tobacco been more elastic, the consequences might not have been so fatal, for declining prices would have stimulated consumption and made it possible for England to absorb most of the output. But the duty kept up the price and the result was a ruinous glut in the English market. Tobacco sufficient for a continent poured into the kingdom, where since the normal outlet was blocked by the half penny a pound on re-exported leaf, it piled up uselessly.

The effect upon prices was immediate. The planters were forced to take for their crops half of what they had formerly received and had reason for rejoicing if they could dispose of it at all. In 1662 Governor Berkeley and other leading citizens stated that the price of tobacco had fallen so low that it would not "bear the charge of freight and customs, answer the adventure, give encouragement to the traders and subsistence to the inhabitants."[5-9] In 1666 Secretary Thomas Ludwell told Lord Arlington that tobacco was "worth nothing."[5-10] Later in the same year the planters complained that the price was so low that they were not able to live by it.[5-11] "For the merchants, knowing both our necessities and the unconsumable quantities of tobacco we had by us," they said, "gave us not the twentieth part of what they sold it for in England."[5-12] Tobacco had so glutted the markets, it was declared, and brought the planter so small a return, that he could "live but poorly upon it." In fact, the merchants in 1666 had left the greater part of the two preceding crops upon their hands.[5-13]

"Twelve hundred pounds of tobacco is the medium of men's crops," wrote Secretary Ludwell to Lord John Berkeley in 1667, "and half a penny per pound is certainly the full medium of the price given for it, which is fifty shillings out of which when the taxes ... shall be deducted, is very little to a poor man who hath perhaps a wife and children to cloath and other necessities to buy. Truly so much too little that I can attribute it to nothing but the great mercy of God ... that keeps them from mutiny and confusion."[5-14] The following year he wrote in similar vein. The market was glutted; a third of the planters' tobacco was left on their hands; the rest sold for nothing.[5-15]

The Governor and Council declared that the merchant "allows not much above a farthing a pound for that which the planter brings to his door. And if there shall be any amongst us who shall be able to ship his tobacco on his own account, it will be at such a rate as the tobacco will never repay him, since they are inforced to pay from £12 to £17 per ton freight, which usually was but at seven pounds."[5-16] "A large part of the people are so desperately poor," wrote Berkeley in 1673, "that they may reasonably be expected upon any small advantage of the enemy to revolt to them in hopes of bettering their condition by sharing the plunder of the colony with them."[5-17] That matters had not changed in 1681 is attested by the statement of the Council that the impossibility of disposing of their tobacco without a heavy loss overwhelmed both Virginia and Maryland, and brought upon them a "vast poverty and infinite necessity."[5-18] "The low price of tobacco staggers the imagination," Lord Culpeper wrote to Secretary Coventry, "and the continuance of it will be the speedy and fatal ruin of this noble Colony."[5-19]

These distressing conditions bore with telling weight upon the small planters. The margin of profit which formerly had made it possible for the freedman to advance rapidly was now wiped out entirely and the poor man found it impossible to keep out of debt. In 1668 Secretary Ludwell declared that no one could longer hope to better himself by planting tobacco.[5-20] Eight years later Nathaniel Bacon, in justifying his rebellion declared that the small farmers were deeply in debt and that it was "not in the power of labor or industry" to extricate them.[5-21] "The poverty of Virginia is such," said a certain John Good in 1676, "that the major part of the inhabitants can scarce supply their wants from hand to mouth, and many there are besides can hardly shift without supply one year."[5-22] In 1673 the Governor and Council reported that of the planters, "at least one third are single persons (whose labor will hardly maintain them) or men much in debt," who might reasonably be expected to revolt to the Dutch upon any small advantage gained by them.[5-23] In 1680 they again reported that "the indigency of the Inhabitants is such that they are in noe manner capacitated to support themselves."[5-24] Three years later they wrote that "the people of Virginia are generally, some few excepted, extremely poor, not being able to provide against the pressing necessities of their families."[5-25]

Despite this repeated and explicit testimony of the misery and poverty of the colony during this period, which resulted from the stagnation of the tobacco market after the passage of the Navigation Acts, the surprising statement is made by Mr. George Lewis Beer, in The Old Colonial System, that England's trade restrictions had nothing to do with Bacon's Rebellion. "It has been at various times contended," he says, "that the uprising was, in part at least, one against the laws of trade and navigation. If there had existed in Virginia any widespread and well defined feeling of antagonism to these laws, it would unquestionably have found expression in the county grievances. Most of these reports were drawn up in a number of articles, and in all there were nearly two hundred of such separate subdivisions, yet only three of this number refer in any way to these statutes. There is no valid reason for assuming that the commercial system played any part whatsoever, or was in any degree, an issue, in the upheaval of 1676."[5-26]

If by this statement it is meant that Bacon and his men did not rebel in order to force the repeal of the Navigation Acts, or even that they did not have the acts in mind at the time, there are many students of Virginia history who will agree with it. But if Mr. Beer means that these laws, with their baleful effect upon the prosperity of Virginia, did not produce the conditions fundamental to the rising, he is certainly wrong. The evidence is overwhelming.

Surely no one will deny that misery, poverty and nakedness are breeders of sedition. Had it not been for the Navigation Acts there would not have been so many desperate persons in Virginia ready at any excuse to fly in the face of the Government. Bacon's men were just the type of miserably poor freemen that Berkeley several years before had feared would rebel. He himself, in his proclamation of Feb. 10, 1677, spoke of them as "men of mean and desperate fortunes."[5-27] William Sherwood called the rebels rude and indigent persons, alluding to them as "tag, rag and bobtayle."[5-28] Over and over again they are described as the multitude, the rabble, the skum.

Exception must be taken also to the statement that had there existed in Virginia any well-defined feeling of antagonism to the Navigation Acts it would have found expression in the county grievances. It should be remembered that these reports had been called for by the commissioners sent over by Charles II to investigate the troubles. The men who drew them up occupied the position of defeated rebels, and the grievances were primarily a list of excuses for their treason. They all stood trembling for their property, if they had any, and for their miserable lives. The memory of the fate of Drummond and Bland and Arnold and many others of their fellow rebels was fresh in their minds. It is not reasonable to suppose that they would tell the King that they had risen in arms against his authority in order to secure the overthrow of laws which his Majesty considered of such vital importance, laws which concerned intimately the royal revenue. Such a declaration would not have seconded successfully their plea for mercy. This is made amply clear by the reception accorded one of the few complaints which did actually touch the Navigation Acts. The commissioners report it to the King as "an extravagant request for liberty to transport their tobacco to any of his Majesty's plantations without paying the imposts, payable by act of Parliament, etc. This head is wholly mutinous—to desire a thing contrary to his Majesty's royal pleasure and benefit and also against an act of Parliament."[5-29]

Despite the obviously ruinous effects of the Navigation Acts upon Virginia, Mr. Beer makes the assertion that there was no very serious and general opposition to them in Virginia. "Apart from the criticisms of Bland and Berkeley," he says, "there was virtually no complaint against the system of trade enjoined by the Navigation Acts. While the Barbados Assembly and that colony's governors were vociferous in their protests, the Virginia legislature remained strangely mute."[5-30]

This silence on the part of the Virginia Assembly can by no means be interpreted as an indication that the people of the colony felt the Navigation Acts to be equitable and not injurious to their interests. It meant only that no Assembly under Sir William Berkeley would dare protest against an act which had received the royal sanction. That would have seemed the veriest treason to the fiery old loyalist. And the Assembly was entirely under Sir William's control. The members of both Houses were his creatures and his henchmen. Over and over again it is testified that the Assembly did nothing more than register his will.[5-31] If then it did not protest, it was because Sir William did not wish it to protest.

But this does not prove that the planters were not angered and alarmed at the stringent acts. That they considered them baleful is amply proved by their continuous complaints of the economic ruin which had overtaken the colony. The method they chose of combatting the trade laws, a method apt to be far more effective than the angry protests of the Barbados Assembly, was to send the Governor to England to use his influence at Court to have the acts modified or repealed. And Berkeley did what he could. While in England he wrote a paper called A Discourse and View of Virginia, which he hoped would induce the Government to change its policy in regard to the colonies. "Wee cannot but resent," he said, "that 40,000 people should be impoverished to enrich little more than 40 merchants, who being the whole buyers of our tobacco, give us what they please for it. And after it is here sell as they please, and indeed have 40,000 servants in us at cheaper rates, than other men have slaves, for they find them meat and drink and clothes. We furnish ourselves and their seamen with meat and drink, and all our sweat and labor as they order us, will hardly procure us coarse clothes to keep us from the extremities of heat and cold."[5-32] That Sir William was but the mouthpiece of the colony in this protest there can be no doubt.

But his pleadings were in vain. England would not change the laws which were the expression of her settled colonial policy. The planters must adjust themselves to changed conditions no matter how bitter was the experience. Sir William was told to go home to report to the Virginians that they need not kick against the pricks, but that England would be most pleased could they turn from the all-absorbing culture of tobacco to the production of the raw materials she so greatly desired. And Berkeley did return determined to exert every effort to lead the colonists into new prosperity by inducing them to devote a part of their energies to basic commodities. In fact he promised that in seven years he would flood the British market with new Virginia goods.[5-33]

Although he set to work with his accustomed vigor to make good this boast, he met with but scant success. Lack of efficient and skilled labor, high wages, and not very favorable natural conditions, made it impossible for him to compete with the long-established industries of Europe. After a few years all attempts to make silk and potash and naval stores were abandoned, and the planters continued to put their trust in tobacco.

That Berkeley was never persuaded that the Navigation Acts were just or beneficial is shown by his answer to the query of the Lords of Trade in 1671, when they asked him what impediments there were to the colony's trade. "Mighty and destructive," he replied, "by that severe act of Parliament which excludes us from having any commerce with any nation in Europe but our own, so that we cannot add to our plantation any commodity that grows out of it ... for it is not lawful for us to carry a pipe-staff or a bushel of corn to any place in Europe out of the King's dominions. If this were for his Majesty's service or the good of his subjects we should not repine, whatever our sufferings are for it. But on my soul it is the contrary of both."[5-35]

Nor is this the only direct testimony that the colonists were filled with bitterness against the Navigation Acts. In 1673, during the war with Holland, Sir John Knight declared that "the planters there do generally desire a trade with the Dutch and all other nations, and speak openly there that they are in the nature of slaves, so that the hearts of the greatest part of them are taken away from his Majesty and consequently his Majesty's best, greatest and richest plantation is in danger, with the planters' consent, to fall into the enemy's hands, if not timely prevented."[5-36] This is corroborated by the Council itself, in an official letter to the King. "For in this very conjuncture had the people had a distasteful Governor," they wrote, "they would have hazarded the loss of this Country, and the rather because they doe believe their Condicon would not be soe bad under the Dutch in Point of Traffique as it is under the Merchants who now use them hardly, even to extremity."[5-37]

It is evident, then, that throughout the entire reign of Charles II the unhappy effects of the trade restrictions made of Virginia, which formerly had been the land of opportunity for the poor man, a place of suffering, poverty and discontent. The indentured servant who came over after 1660 found conditions in the colony hardly more favorable for his advancement than in England. The price of tobacco was now so low that it was not possible for a man, by his unassisted efforts, to make a profit by its cultivation. If Thomas Ludewell is correct in estimating the return from the average crop at fifty shillings, the lot of the poor man must have been hard indeed. Hungry he need not be, for food continued to be abundant and easy to obtain, but of all that the merchants gave him in return for his tobacco—clothing, farm implements, household furnishings—he had to content himself with the scantiest supply. And only too often his pressing needs brought him into hopeless debt. As for imitating his predecessors of the earlier period in saving money, purchasing land and servants and becoming a substantial citizen, the task was well nigh impossible of accomplishment.

It would be expected, then, that even the most exhaustive investigation could reveal but a few indentured servants, coming over after 1660, who succeeded in establishing themselves in the Virginia yeomanry. And such, indeed, is the case. Fortunately we have at hand for the period in question the means of determining this matter with an exactness impossible for the first half of the century. Nicholson's rent roll of 1704 supplies a complete list, with the exception of those in the Northern Neck, of every landowner in Virginia. At the same time we have in the Land Office at Richmond, the names of many thousands of persons listed as headrights, constituting almost all the immigrants who came in during the years from 1666 to the end of the century. Thus by comparing the two lists and trying to identify on the rent roll the names found in the patents, it is possible to fix the proportion of servants who won for themselves at this time places among the landowning class.

Selecting the year 1672 as typical of the Restoration period, we find that an examination of 672 of the names which are listed as headrights, eleven only can be identified with any degree of certainty upon the rent roll. Of 1116 names examined in the years from 1671 to 1674 inclusive, only 26 are positively those of persons listed as landowners in 1704. After making due allowance for the fact that uncertainty exists in a number of other cases, and that some who prospered must have died in the intervening years, it is safe to say that not more than five or six per cent of the indentured servants of this period succeeded in establishing themselves as independent planters.

These conclusions are borne out by the slowness with which the population increased during the years following the passage of the Navigation Acts. In the Commonwealth period the colony had advanced by leaps and bounds, and the inhabitants, estimated at 15,000 in 1649,[5-38] were placed by Berkeley thirteen years later at 40,000.[5-39] Under the system which existed during these years, when the colonists enjoyed a comparatively free trade, the population had tripled. But after 1660, while the Virginia tobacco was dumped upon the restricted English market and prices fell lower and lower, no such rapid growth is noted. In 1671, nine years after his first estimate, Governor Berkeley still placed the population at 40,000.[5-40] And even if we accept the statement of the Virginia agents sent to England to secure a charter for the colony that in 1675 the number of inhabitants was 50,000, it is evident that some pernicious influence was at work to retard the development of England's most important American province.[5-41] A drop in the rate of increase from 200 per cent during the thirteen years prior to 1662, to 25 per cent in the thirteen years following, is a clear index to the startling change brought about in the colony by the British trade regulations.

These figures are the more significant in that there was no appreciable slackening of the stream of servants. It is probable that in the period from 1662 to 1675, which marked this estimated increase of 10,000 persons, fully 20,000 immigrants had come to the colony.[5-42] The patent rolls for 1674 alone give the names of 1931 headrights, and this year is by no means exceptional. No wonder Edward Randolph was surprised at the smallness of the population and wrote to the Board of Trade that it should be investigated why Virginia had not grown more, "considering what vast numbers of servants and others had been transported thither."[5-43]

But Randolph failed to realize that it is not the volume of immigration but the number of people a country will support which in the end determines the size of the population. It was not enough to pour into the colony tens of thousands of poor settlers; opportunity had also to be afforded them for earning an adequate living. And this opportunity, because of the enforcement of the Navigation Acts and the consequent ruin of trade, they did not have in Virginia. Throughout the Restoration period not more than forty or fifty thousand people could exist upon the returns from the tobacco crop, and beyond that the population could hardly rise. If more poured in, they must of necessity live in misery and rags, or migrate to other colonies where more favorable conditions existed.

We are not at present concerned with what become of this surplus population, but only with the fact that the Navigation Acts brought to a dead halt the process of moulding freedmen and other poor settlers into a prosperous yeomanry. By the year 1660 this class seems to have reached its highest development, and had a rent roll of land owners been drawn up at that date it would doubtless have shown almost as many names as that of 1704. In fact it is fortunate that in the bitter years from 1660 to 1685 it did not succumb entirely. With the price of tobacco so low that no profit was to be derived from it, with his family in rags, the small planter might well have sold his land to his more wealthy neighbor and joined the newly freed servants in moving on to western Carolina or to the northern colonies.

In fact it is an indication of the solid character of the Virginia yeomanry that it survived to enter the Eighteenth century, that under Andros and Nicholson as well as under Sir William Berkeley it was the soundest element in the life of the colony. Had it not been for the crowning misfortune of the introduction of great swarms of negro slaves, sooner or later it would have come once more into its own, would have carved out for itself a new prosperity, would have filled Virginia from the Atlantic to the Alleghanies.