lofty mountains and fertile plains,— a mighty empire worthy of the people
who had strived so hard to win it. But now the whole south was cut off
at one blow; the jurisdiction of the upper portion of their own beautiful bay
which they actually occupied, was torn from them, their territory was se-
vered into two portions by the intrusion of a new power into its centre, and
the hardy citizens who had won the country and established the blessings
of a free government, were to bend the knee in feudal vassalage, or surren-
der their homes and possessions to their new lords, who never struck a
blow in the acquisition of their vast estates. Virginia sent a remonstrance
in the name of all her planters, against the grant of Maryland; and the
privy council unable to deny the manifest justice of their representations,
but unwilling to offend the king by a decision against the validity of lord
Baltimore's patent, decided that he might retain it, and the Virginians have
their remedy at law. The law at that time in the king's courts, in cases in
which he was concerned being the king's wi 11; the Virginians declined entering
the tribunal, and making a virtue of necessity, entered into a treaty of com-
merce and amity with their new neighbor.

The account which we have of the trial of Harvey is extremely meagre,
detailing neither the accusations or the evidence, but only the fact. The
manner of proceeding however, as it appears on the record, is as little like
that of an enslaved people as it is like a "transport of popular rage and in-
dignation." The whole matter seems to have been conducted with calm de-
liberation, as a free people acting upon the conduct of an Unworthy servant.
The first entry upon the subject runs thus : — "an Assembly to be called to
receive complaints against Sir John Harvey, on the petition of many inhab-
itants, to meet 7th of May." Could as much coolness, deliberation and
publicity be given to action against a tyrant who had already trodden liber-
ty under foot; or is a transport of popular rage so slow in action ? The
next entry upon this subject is the following: — " on the 28lh of April 1635,
Sir John Harvey thrust out of his government, and Captain John West
acts as governor, till the king's pleasure known."* It appears from another
ancient recordf that before the assembly met which was to have heard
complaints against Harvey, he agreed in council to go to England to an-
swer them, and upon that West was elected governor.

How long West governed is uncertain, but it appears by a paper among
the records that Harvey was governor again in January 1636. It appears
that Charles regarded the conduct of the colony as an unwarrantable piece
of insolence little short of treason, and would not even hear them least the
spetacle of so noble an example might inflame the growing discontents
in his own kingdom, which finally rose to such a pitch as not only to take
the same unwarrantable liberty of deposing him, but even laid violent hands
upon his sacred person, lie accordingly sent the commissioners home
with their grievances untold, and Harvey was re- in stated in his power
without undergoing even a trial. The conduct of the colony appears to
have been a salutary lesson to him ; and he probably feared that for the
next offence they would take justice into their own hands ; for we hear no
complaints of him during his administration, which expired in November
1639. Sir Francis Wyatt succeeded him.



♦Hening v. 1.223.

tList of governors: Hening, v. I. p. 4.



HISTORY OF VIRGINIA, 585

In 1634 the colony was divided into eight shires,* which were to be go-
verned as the shires in England, lieutenants were to be appointed in the
same manner as in England, and it was their especial duty to pay attention
to the war against the Lndians. Sheriffs, Sergeants and Bailiffs were also
to be elected as in England. In 1628-9 commissions were issued to hold
monthly courts in the different settlements, which was the origin of our
county court system. f

At the first assembly which was held after the return of Wyait, several
acts were passed, which from the inattention of historians to the circumstan-
ces of the times, have received universal reprobation, but which when pro-
perly considered, will be found to be marked with great shrewdness and
dictated by the soundest policy.

The act declares that, " tobacco by reason of excessive quantities made,
being so low, that the planters could not subsist by it, or be enabled to raise
more staple commodities or pay their debts, therefore it was enacted that the
tobacco of that year be viewed by sworn viewers, and the rotten and unmer-
chantable, and half the good to be burned. So the whole quantity made
would come to 1,500,000 lbs. without stripping and smoothing; and the next
two years 170 pounds tobacco per poll, slript and smoothed, was to be made,
which would make in the whole about 1,300,000 lbs. and all creditors were to
take 40 lbs. for a hundred. 11 By a second act it was declared that, "no man
should be obliged to perform above half his covenants about freighting to-
bacco in 1639." Nothing could be more absurd than such acts at the pre=
sent day, and hence they have been pronounced absurd at that time. But
let us look to the circumstances. Except the little tobacco made in the
Somer Isles, Virginia at that time had the monopoly of the English market.
The taste for tobacco was new, existed with few and could not be suddenly
extended; consequently the consumption could not be increased in propor-
tion to the increase of supply, but tfidse who used it would obtain it at a
price proportionably less. Thus a superabundant supply so glutted the
market as to reduce the article to a price ruinous to the planters. On the
other hand with those who had acquired a taste lor tobacco, it was nearly
indispensable, and if less than a usual crop was made the demand enhanced
the value of the remainder beyond that of the full crop, hence the propriety
of burning half of the good tobacco. This seems to have been perceived,
and we have seen no fault found with the Hirst portion of the act, but the
latter part, forcing creditors to take less than theft: full dnp;, has been pro-
nounced flagranti} unjust. But ifthi had not been done what would have
been the condition of 'he plantel ! If he bad ma*te a hundrH r , " v ""'- and
owed fifty, the burning and his creditoi would Jte$&iye bun of hid whole
crop, whilst the creditor receiving the r fity : pounds '^ u.- enhanced value,
would receive more than double whai was due him Thi uld [jave

been highly oppressive to the debtor, and made Ehe whote act redound en-
tirely to the benefit of the creditor Whereas making htm take 40
pounds in the hundred, when that 4° •-■ u enhanced ro more tharj the value
of the hundred, was no hardship.

In the early stages of Hie colony, the planters Elated the i cmtcrts oi
life from England ana' not . foi money could putch:ise nothsag in



*^g^James City, Henrico. Charles City, Elizabeth Cm si, V arios

qooyoke, Charles river and &ccoma< k
JSfp Note A at the end oJ this chapter.
74



5S6 HISTORY OF VIRGINIA.

America. It would have been wasteful extravagance, to have brought it.
The Virginians had but one article of export,— all trading vessels came
for tobacco,— hence that would purchase every thing, and became on that
account useful to every man and an article of universal desire as money
is in other countries, and hence the standard of value and circulating
medium of the colony. We find when money first began to be introduced,
as the keeping accounts in tobacco was inconvenient to the foreign mer-
chants who came to trade, an act was passed with the following preamble,
"Whereas it hath been the usual custom of merchants and others deal-
ing intermutually in this colony, to make all bargains, contracts, and to keep
all accounts in tobacco, and not in money," &c. It then goes on to enact,
that in future they should be kept in money, and that in all pleas and ac-
tions the value should be represented in money. This was in 1633.*
But it was found so inconvenient to represent value by an arbitrary stand-
ard, the representative of which did not exist in the colony, that another
act was passed in January 1641, declaring that, — "Whereas many and
great inconveniences do daily arise by dealing for money, Be it enacted and
confirmed by the authority of this present Grand Assembly, that all money
debts made since the 26th day of March, 1642, or which hereafter shall be
made, shall not be pleadable or recoverable in any court of justice under this
government," f An exception was afterwards made in 1612-3, in favor of
debts contracted for horses or sheep, I but money debts generally were not.
even made recoverable again until 1656. || We thus see that tobacco was
the currency, and an excess as injurious as an over issue of bank paper,
depreciating itself in the market, or in common parlance causing every
thing- to rise. We see moreover the cause of the excessive care taken in.
burning bad tobacco, since that was as important to the uniformity of their
currency as the exclusion of counterfeits in a money currency. All the
viewing^, censorships, inspections, regulations of the amount to be culti-
vated by each planter, each hand, — the quantity to be gathered from each
plant, — the regulations prescribed as to curing it, — are to be regarded more
a& mint regulations than as regulations of agricultural industry. Indeed
we find the attempt to sell or pay bad tobacco is made a crime precisely
as it is now to sell or pay counterfeit money. ^ This act of Assembly then
allowed debtors to discharge themselves by paying half their debts in
amount, did in effect make them pay all in value, and can by no mean?
be compared to the acts of states or princes in debasing the coin and allow-
ing it to retain its old nominal value, or by introducing valueless paper
money; in these cases, the debt is paid nominally or in words but not m
value, whereas in Virginia it was not paid nominally as it had been con-
tracted for so many pounds of tobacco, but it w r as paid in feiver pounds
rendered of greater actual value than the debt would have amounted to if
paid in pounds hefore the burning of half the quantity made. II

* Hening, v. I. p. 216. t Henning, v. I. p. 262.

t Ibid, 268. II Ibid. 417. §Henning, v. I. p. 152.

# IT We are- sorry to see even Mr. Bancroft (p. 218.) censuring this as an act of injus-
tice, and comparing it with debasing the coin. In order to account for the Act he
even casts a slur upon the Council and Assembly, and says, " Probably the members
of the Legislature and the Council were themselves much in debt."" If they had
passed the burning act without the other clause one might well have supposed them
large creditors, since it would have more than doubled in value what was due to
them, whilst the amount-in pounds would have remained the same. In short the act
would have been to make every planter loose the tobacco burned, and his creditors
get the advantage of the burning,



HISTORY OF VIRGINIA. 587

Wyatt remained governor only for one year and a few months, when he
was succeeded by Sir William Berkeley. * Historians who have not been
aware of the intermediate administration of Wyatt, and have heard no com-
plaint of Berkeley, have delighted to deck his character in the gayest colors,
in contrast to the black character which they have drawn of Harvf y. There
can be no doubt that he was esteemed an accomplished and chivalric gentle-
man; but his accession brought no increase of political freedom to Virgi-
nia, and his commission did not differ from those of his predecessors.- On
the contrary the instructions which he brought, so far from granting new
franchises, imposed new, severe, and unwarrantable restrictions on the lib-
erty of trade; England claiming that monopoly of colonial commerce,
which was ultimately enforced by the navigation act, and which was a per-
petual source of contention, until all differences were finally healed by the
revolution.*

Berkeley arrived in February, 1642; an assembly met in March, and
soon after passed a solemn protest against a petition which Sir George San-
dys had presented to Parliament for the restoration of the company. This
paper is drawn with great ability, and sets forth the objections to the petition
in very strong and striking terms. They enlarge especially upon the wish
and power of the company to monopolise their trade; the advantages and
happiness secured to them by their present form of government, with its
annual assemblies and trial by jury; the fact that a restitution of the power
of the company would be an admission of the illegality of the king's au-
thority and a consequent nullification of the grants and commissions issued
by him; and the impossibility of men, however wise, at such a distance anc}
unacquainted with the climate or condition of the country, to govern the
colony as well as it could be governed by their own Grand Assembly.f
The king in reply to this declared his purpose not to change a form of go-
vernment in which they received so much content and satisfaction.

Other important matters were settled at this legislature. A tax for the
benefit of the governor was abolished. The punishment by condemnation
to temporary service was abolished, which had existed ever since the foun-
dation of the colony; and this protection to liberty was considered as so
important to the Assembly that they declared it was to be considered as a
record by the inhabitants of their birthright as Englishmen, and that the
oppression of the late company was quite extinguished. The governor
probably received some benefit from these considerations, for he is praised
for giving his assent to an act in which he preferred the public freedom to
his particular profit. A nearer approach was made to the laws and cus-
toms of England in proceedings of courts and trials of causes. Better re-
gulations were prescribed for discussing and deciding !and titles. The
bounds of parishes were more accurately marked. A treaty with Mary-
land, opening the trade of the Chesapeake was matured; and peace with
the Indians confirmed. Taxes were proportioned more to men's estates
and abilities than to the numbers, by which the poor were much relieved,
"but which through the strangeness thereof could not but require much
time and debating." They published a list of their acts in order to show
to the colony that they had not swerved from "the true intent of their hap-
py constitution," which required them to "enact good and wholesome laws,

* Bancroft, V. I. p. 219.
tHening, V. I. p. 231 - 4.



588 HISTORY OF VIRGINIA

and rectify and relieve such disorders and grievances as are incident to all
states and republics; but that their late consultations would redound greatly
to the benefit of the colony and their posterity." In the conclusion of that
list they state that the gracious inclination of his majesty, ever ready to
protect them, and now more particularly assured to them, together with the
concurrence of a happy parliament in England, — were the motives which
induced them to take this opportunity to "establish their liberties and privi-
leges and settle their estates often before assaulted and threatened, and late-
ly invaded by the corporation; and to prevent the future designs of mono-
polizers, contractors, and preemptors, ever usurping the benefit of their la-
bors; and they apprehended that no time could be misspent, or labor mis-
placed in gaining a firm peace to themselves and posterity, and a future im-
munity and ease to themselves from taxes and impositions, which they ex-
pected to be the fruits of their endeavors."

The Indians had been driven back, and weakened by a perpetual succes-
sion of hostilities from the time of the great massacre until the year 1644.
During the latter years of this period we have little account of their pro-
ceedings, but the rapid increase of the settlements had driven them from the
rich borders of the rivers in the lower country higher into the interior, and
the new grants were every day diiving them still further from the homes
of their fathers. This incessant warfare, whilst it weakened them as a na-
ifilA t * on ' nac ^ mcrease d their cunning and skill in partisan warfare. Ope-
chancanough, though now so old that he had to be carried in a litter,
and so feeble that he could not raise his eyelids without assistance, still re-
tained sufficient strength of mind to embody a combination of the various
tribes under his control, and make a sudden and violent attack upon many
of the frontier settlements at once. Little is known of the circumstances
attending this second great massacre. An act of Assembly of 1G45, mak-
ing the eighteenth day of April a holyday and day of thanksgiving, for
escape from the Indians, marks the period of the massacre. Other evidence
makes the number of their victims three hundred.* The precautions which
the whites had been taught to take by the previous massacre, in trading with
them only at particular places, in always going armed, in never admitting
them to the same familiarity, effectually prevented them, with all their cau-
tion in approach, and violence of attack, from committing as great slaughter
as they had upon the former occasion. The whites do "not seem to have
been stricken with a panic now as formerly, but quickly sallied upon their
assailants, and drove them back so rapidly that their venerable chieftain
himself had to be deserted by his attendants, and w r as taken by Sir William
Berkeley, at the head of a squadron of light cavalry. He was carried to
Jamestown, and manifested in his imprisonment the* same haughty dignity
which had always distinguished him. He preserved a proud and disdain-
ful silence, and such indifference to the passing scenes, that he rarely re-
quested his eyelids to be raised. In this melancholy condition, he was
basely shot in the back by his sentinel, with whom recollection of former
injuries overcame all respect for helpless age, or former greatness. The
only subject which called forth any show of regret from him was a flash
of angry indignation, at being exposed in his dying hours to the idle and
curious gaze of his enemies.



* Bancroft, p, 224— Burke, V. II, p. 55, says— on authority of Beverley— "five hun-



dred



HISTORY OF VIRGINIA. 589

So little regard was now paid to the Indian hostilities, that on the follow-
ing- June, Sir William Berkeley sailed for England, and the council elected
Richard Kemp to occupy his post until his return. In the mean time, the
warfare with the Indians continued without remission. It appears by an
act of the latter part of the year 1644, that many of the inhabitants, proba-
bly on the frontiers, had been collected in large bodies ; but leave was then
given them to dispose of themselves "for their best advantage and conve-
nience, provided that in places of danger, there should not be less than ten
men allowed to settle.' 1 *

Sir William Berkeley again took possession of his government in June,
O ^ \(\AC 1645- And in the following year a treaty of peace was con-
cluded with the Indians, by which Necotowance. the succes-
sor of Opechancanough, acknowledged that he held his kingdom of the
crown of England, and agreed that his successors should be appointed or
confirmed by the king's governor; on the other hand the Assembly on be-
half of the colony, undertook to protect him against rebels and all enemies
whatsoever. In this treaty the Indians were permitted to dwell on the north
side of York river; but ceded to the whites all the country from the falls
of the James and York to the bay, forever; and any Indian coming upon
that territory was to suffer death unless he bore the badge of a messenger.
The Indians were also to surrender all prisoners, negroes, and arms taken.
Other articles were added prescribing the form of intercourse.! Thus
were the Aborigines at length finally excluded from their father-land, leav-
ing no monument of their having existed, save the names of the waters and
mountains, and the barrows containing the ashes of their ancestors. £

Thus the colony of Virginia acquired the management of all its con-
cerns; war was levied, and peace concluded, and territory acquired, in con-
formity to the acts of the representatives of the people; whilst the people
of the mother country, had just acquired these privileges after a long and
bloody conflict with their former sovereign. Possessed of security and
quiet, abundance of land, a free market for their staple, and practically, all
the rights of an independent state, having England for its guardian against
foreign oppression, rather than its ruler, the colonists enjoyed all the pros-
perity which a virgin soil, equal laws, and general uniformity of condi-
tion and industry, could bestow. Their numbers increased; the cottages
were filled with children, as the ports were with ships and emigrants. At
Christmas, 1648, there were trading in Virginia, ten ships from London,
two from Bristol, twelve Hollanders, and seven from New England. The
number of the colonists was already twenty thousand; and they, who had
sustained no griefs, were not tempted to engage in the feuds by which the
mother country was divided. They were attached to the cause of Charles,
iriQ no1 because they loved monarchy, but because they cherished the lib-
erties of which he had left them in the undisturbed possession; and

* Hening, p. 285-6.

■tHening, V. I. p. 323, 326.

tl know of no such thing existing as an Indian monument — of labor on the large
scale — I think there is no remain as respectable as would be a common ditch foi the
draining of lands; unless indeed it would be the barrows, of which many are to be
found all over the country. — That they were repositories of the dead has been obvious
to all ; but on what particular occasion constructed, was a matter of doubt — Jefferson's
Notes on Va, p 132.



590 HISTORY OF VIRGINIA.

after his execution, though there were not wanting some who favored re-
publicanism, the government recognised his son without dispute.*

The loyalty of the Virginians did not escape the attention of the royal
exile; from his retreat in Breda he transmitted to Berkeley a
June, lo5U. new comrn i ss i orij an d Charles the Second, a fugitive from Eng-
land, was stillthe sovereign of Virginia.!

But the Parliament did not long permit its authority to be denied. Hav-
ing, by the vigorous energy and fearless enthusiasm of republicanism, tri-
umphed over all its enemies in Europe, it turned its attention to the colo-
nies; and a memorable ordinance at once empowered the council of state
to reduce the rebellious colonies to obedience, and at the same time, estab-
lished it as a law, that foreign ships should not trade at any of the ports
"in Barbadoes, Antigua, Bermudas and Virginia." Thus giving the first
example of that wholesale blockade afterwards rendered so notorious by the
celebrated orders in council during the wars of the French revolution.
Maryland, which was not expressly included in the ordinance, had taken
care to acknowledge the new order of things; and Massachusetts, alike
unwilling to encounter the hostility of parliament, and jealous of the rights
*of independent legislation, by its own enactment, prohibited all intercourse
with Virginia till the supremacy of the commonwealth should be establish-
ed; although the order, when it was found to be injurious to commerce, was
promptly repealed, even while royalty still flourished at Jamestown.;}:

A powerful fleet with a considerable body of land forces on board, sent
<out to bring the colonies to submission, having subdued Barbadoes and
Antigua, cast anchor before James Town. Sir William Berkeley and his
hardy colonists had not been inactive, the growing strength of the colony
had recently been increased by the acquisition of many veteran cavaliers
from the king^s army, and it now presented no comtemptible force. Seve-
ral Dutch ships which were lying- in the river, and which as trading con-
trary to the prohibition of Parliament, were armed to provide against sur-
prise by the commonwealth's fleets, were also pressed into service. This
ishow of resistance induced the commissioners of Parliament to hesitate,
before they attempted to reduce the colony to obedience by force; and to
offer them fair and honorable terms of submission. The terms offered be-
ing such as completely satisfied the Virginians that their freedom was to
he preserved inviolate, and their present happy constitution guaranteed,