enacted, <f.c."— Ed. Gaz.
HISTORY OF VIRGINIA. 597
able tobacco in payment equally severe. If a planter offered to pay away, or barter
any bad tobacco, the commander of the plantation (an officer who united with the
powers of a justice of the peace, the supreme military command of the settlement)
with two or three discreet men, were directed to view it, and if found of bad quality,
to cause it to be burnt; and the owner was prohibited from planting any more tobacco
until authorized by the General Assembly. At the next session the law was amended
so as to make it the duty of the commander to issue his order either verbally or in
writing to two " sufficient men" to view the tobacco, who were, in like manner, to
burn it, if of bad quality. The same law was re-enacted in the reyisal of 1632. In
1633, warehouses' (then called storeltouses) were established, and the inspectors were
to be composed of that member of the king's council, whose residence was nearest any
warehouse, and the commissioners of the several plantations, as assistants.
To prevent the recurrence of a scarcity of corn, which had been severely felt in the
colony, each master of a family was compelled to plant and sufficiently tend, two
acres a head, for each laboring person in his family ; and as an encouragement to cul-
tivate that article, the price was not to be limited, but every planter might sell it as dear
as he could. Nor does it appear that the legislature ever interfered with the exportation
of corn, or restricted the price, except in times of pressing want. In the year 1630,
the contents of a barrel of corn were fixed at five 'bushels, Winchester measure, and
has so continued to the present day.
Various and severe laws were very early enacted against forestalling and ingross-
ing imported articles, but their inefficacy having been experienced, they were all re-
pealed and a free trade allowed.
The administration of justice, in Virginia, was originally extremely cheap, and
simple in its details. Commanders of plantations held monthly courts for the trial of
civil actions, not exceeding the value of one hundred pounds of tobacco, and for the
Eunishment of petty offences, reserving the right of appeal to the quarter court held
y the governor and council, which possessed the supreme judicial power, under the
different charters, and had original jurisdiction in all cases whatsoever. Commis-
sioners of monthly courts succeeded to commanders of plantations, with the like juris-
diction in civil cases ; which was afterwards extended to five pounds sterling. The
jurisdiction of the court was further extended to sixteen hundred pounds of tobacco,
and they were to be called county instead of monthly courts ; and that of a single ma-
gistrate was final as far as twenty shillings sterling. In consequence of the great dis-
tance of many of the counties from James City, where the quarter courts were held,
jurisdiction was finally given to the county courts, in all cases of law and equity, and
the trial by jury secured to those who desired it. The decision of the county court
was, at first, final as far as sixteen hundred pounds of tobacco, and for all sums above
that an appeal was allowed to the quarter court, and from thence to the assembly*
which afterwards had jurisdiction of appeals in all cases, of whatever amount. Be-
sides the general jurisdiction of the county and quarter courts, special provision was
made for certain counties and settlements where it was considered too inconvenient
to the people to attend at the usual place of holding courts. The leading principle
seems to have been to carry justice to the doors of the inhabitants. Thus, the county
court of Northampton, " on account of its remoteness from James City," had final juris-
diction as far as three thousand two hundred pounds of tobacco; one commissioner on
the South side of the river in James City county, was vested with the powers of a
county court ; the inhabitants of Appamattock or Bristol parish, were also authorised
to hold courts, with the right of appeal to Henrico or Charles City county courts.
Two courts were permitted to be held in Northampton ; two in Isle of Wight; and two
in Charles City. As the population of the county increased, and new counties were
formed, these special courts were abolished.
In the year 1643, the first act passed for regulating lawyers ; though they had cer-
tainly attended the several courts before that period. By the first law on the subject,
no attorney was permitted to plead, without a license ; which was grantabie by the
court in which he practised ; nor could an attorney have a license from more courts
than the quarter, and one county court, — Their fees were twenty pounds of tobacco,
in the county, and fifty pounds in the quarter court : and no attorney could refuse to
be retained unless employed on the other side. In 1645, all mercenary attornies were
expelled from office : In 1647, that act was amended by adding a clause to it declaring
that no attornies should take any fees; and if the court should perceive that either par-
ty, by his weakness, was likely to lose his cause, they themselves should either open
the case or " appoint some fit man out of the people," to plead the cause, and allow
him a reasonable compensation : no other attornies were admitted. In 1656, the act
prohibiting attornies was repealed; the governor and council were authorised to li-
cense them for the quarter courts, and the commissioners for the county courts, and
598 HISTORY OF VIRGINIA.
if any controversy should arise concerning their fees, it was to be settled by the courts
respectively. In 1657-8, the law against mercenary attornies, was again revived.
An inspection of the different fee bills will shew the simplicity of judicial proceed-
ings, and the small compensation allowed to the officers of court. The first officers
whose fees were established by law, were the secretary who was clerk of the quarter
court, and the mar shall, who executed the same duties which devolved upon the she-
riff, after the appointment of that officer, which was not until the year 1634. The
fees of clerks and sheriffs embraced but few objects, and were very moderate.
Clerks of county courts were, at one time, appointed by the governor, but after-
wards by the courts themselves. Commissioners of count}^ courts, (the same as jus-
tices of the peace) were formerly appointed by the governor, afterwards by act of as-
sembly ; but at the commencement of the commonwealth they were appointed by the
feouse of burgesses ; afterwards they were recommended by their courts, and commis-
sioned by the governor and council, and finally their appointment was confirmed by
the assembly. During the same period the county courts recommended three or more
to the governor and council, out of which they made a selection for sheriffs, who were
to continue in office for one year only.
No representative government was ever instituted in which the principles of uni-
versal suffrage, and of full representation, were carried further than in Virginia. The
right of suffrage was originally exercised by all freemen; who were not compellable
to go from their plantations to vote for burgesses; but might give their suffrages by
subscribing a paper. This mode having been attended with considerable inconveni-
ence, it was provided that all future elections should be by plurality of voices present ;
and a fine was imposed on all free men, who should fail to attend at the time and place
.appointed for the election. The number of burgesses to a plantation or settlement (be-
fore the formation of counties) was unlimited; nor does it appear that, at that time,
any particular qualifications were necessary. After counties were laid off, the num-
ber of representatives to a county remained without limitation, until November. 1645,
when they were reduced to four to each county, except James City county, which
might send five, and the city itself one; and the election was directed to be held where
the county courts were, except in those places which were specially authorised by act
of assembly to hold elections. These were certain parishes to which that privilege
was granted; and it was afterwards extended to all parishes, they paying the expenses
of their burgesses, as the counties in general were compelled tu do in relation to theirs.
At the March session, 1660-1, the number of burgesses was limited to two for each
.€ount3^, and one for James City, it being the metropolis.
The first aet which in the smallest degree abridged the right of suffrage, or pre-
scribed the qualifications of the members, passed at the March session. 1654-5. By
.this act it was declared, that the persons Avho should be elected to serve in assembly
•be such, and no "other than such, as were persons of known integrity and of good
^'conversation, and of the age of one and twenty years." That all housekeepers,
Ai . whether freeholders, lease-holders, or otherwise tenants, should only be capable to
elejt burgesses ;" provided that the term " housc-lcepers should extend no further than
u to one person in a family." At the next session, however-, so much of this act as
excluded any freeman from voting was repealed: the assembly declaring " that they
conceived it something hard and unagreeable to reason that any persons should pay
" equal taxes, and yet have no votes in election." In the revisal of 1657-8, the same
principle is preserved ; the right of suffrage being extended to " all persons inhabiting
fC in the colony, that are free men. 3 ' By an act of 1670, that right was, for the first
time, confined to free holders only ; and the necessity of this qualification Was fiir-
tiher enforced by instructions from king Charles II, to sir Wm. Berkeley, governor, in
1676: " You shall take care," says the second article of the instructions, " that the
"members of the assembly be elected, only by free holders, as being more agreeable
â– " to the custome of England, to which 3 r ou are as nigh as conveniently you can to con-
form yourselfe."
Bridges and ferries were at first established and maintained at public expense; but
this being considered burthensome to the inhabitants of many of the counties, espe-
cially -the poor, who seldom used them; the law, as to ferries, was repealed, and the
county courts vested with power to establish ferries on the application of individuals,
and fix their rates. The exclusive right of establishing ferries was afterwards re-
sumed by the assembly ; and having exercised it for a series of years, to the great in-
terruption of other public business, the legislature at the session of 1806, restored to
the county courts the power exercised by them so long ago as the year 1647.
599
CHAPTER V.
BACON'S REBELLION HOSTILE DESIGNS OF THE FRENCH.
Indifference to change in England, — Navigation act, — Convicts, — Con-
spiracy detected,— Discontents, — Cessation from tobacco planting jor
one year, — Royal grants, — Virginia's remonstrance, — Success of depu-
ties, — Indian hostilities, — Army raised and disbanded by governor, —
' People petition for an a>'my,-— elect Bacon commander, — he marches
without commission and defeats Indians, — pursued by governor, ivho
retreats on hearing of rising at James Town, — Governor makes conces-
sions, — Bacon prisoner, — is pardoned. — People force commission from
governor, — Bacon marches to meet Indians,- — hears he is declared a
rebel by Berkeley, — marches to meet him, — he flees to Accomac, — Con-
vention called and free government established. — Bacon defeats the
Indians, — Berkeley obtains possession of the shipping, and occupies
James Town, — is beseiged by Bacon, and driven out, — James Tow to
burnt. — Death of Bacon, — character of his enterprise. — Predatory
warfare, — treaty bcticeen governor and his opponents, — Cruelty of
Berkeley, — King's commissioners, — Departure of Berkeley and his
death. — Acts of Assembly passed during Bacon s influence. — Conduct
of king 1 s commissioners, — Culpeptr governor, — Discontents, — Conduct
of Beverly. — Howard governor. — General conduct of Virginia and
progress of affairs. — Plan of Callier for dividing the British' colonies.
As Virginia had provided for herself a government substantially free,
the political changes in England could have little effect upon her repose,
provided no attempt was made to interfere with the freedom of her trade,
or her local government. She seemed content to be under the protection
rather than control, of whatever power the people of England thought
proper to place at the head of affairs, provided that power did not seek to
extend the conceded authority. In this mood she had adhered to Charles I.
until the Parliament by its commissioners promised a preservation of all
her privileges ; she acknowledged Cromwell upon a similar promise, and
his son Richard under the same idea ; upon his resignation she held her-
self aloof, thus proving how perfect and how independent was her own
local government, until the voice of England should declare who should
rule; and upon the accession of Charles tl. she gave in her allegiance to
him. As in all these British changes she remained unconcerned and un-
moved, so the last caused neither extraordinary joy or regret. The colo-
nists thus free from external sources of uneasiness, proceeded to legislate
upon internal matters ; providing rewards for the encouragement of silk
and other staples ; negociating with Carolina and Maryland for the adop-
tion of uniform measures for the improvement of tobacco, and diminishing
its quantity ; and providing for the erection of public buildings, the improve-
ment of James Town, and other subjects of general utility.
Whilst the colonists were pioceeding in this useful occupation they were
. - « alarmed by the intelligence of the reenaction of the navigation act,
odious with new prohibitions, and armed with new penalties. The
600 HISTORY OF VIRGINIA.
Virginians had long enjoyed a very beneficial trade with other countries
besides England, and had early perceived its advantages, often urging the
propriety of its continuance, and contending that "freedom of trade was the
life of a commonwealth." But the object of the navigation act was to con-
fine its trade exclusively to England, for the encouragement of English
shipping and the emolument of English merchants, as well as the promo-
tion of the king's revenue ; without regard to the gross injury done to the
colony by depriving her of the benefit of competition in her harbors. The
colony remonstrated in vain, and continued boldly her trade with all such
foreigners as would venture to encounter the risque of being taken by the
English cruisers and encountering the penalties of the act.
It appears to have been for some time the practice to send felons aitd
other obnoxious persons to the colony, to expiate their offences by serving
the planters fof a term of years. At the restoration many of the veteran
soldiers of Cromwell to whom it was anticipated the return of the ancieh
regime would not be particularly palatable, were shipped to Virginia to
work off their spleen in the cultivation of tobacco. It appears that this
new business was not as agreeable to them as they had found the psalm-
singing and plundering of the royalists under the command of their devout
leader; and they accordingly quickly organized an insurrection, by the
operation of which they were to change places with such of their masters
as were left alive by the process. But this out-breaking which seems to
have been well planned and extensively organized, Avas prevented by the
compunction of one of their associates, who disclosed the whole affair to
the governor the evening before it w r as to have gone into effect ; and ade-
r- k p quate means were taken to prevent the design. Four of the con-
• e ' °' spirators were executed. But this evil of importing jail-birds
as they were called, increased to such an extent that it was prohibited by
the General Court in 1670, under severe penalties.*
The increase in the amount of tobacco raised by the increase of the colony
• w . fif , fi and thesettlement of Maryland and Carolina, far outstripped the
n ' ' increase of taste for it, rapid as that was, and caused such a
glut of the commodity that its price fell to an amount utterly ruinous to the
planter-. In this the exclusive privilege of purchase which England enjoyed,
notwithstanding the extensive contraband trade, no doubt largely contributed;
but this the planters could not prevent, and their only remaining resource
was in diminishing the amount of tobacco raised. To effect this various
schemes had been devised, but they were all liable to be evaded, and were
if successful, too partial in their operation to effect the object desired.
Nothing eould be efficient, short of a total cessation from planting for one
year, and this was at last accomplished after long negotiations with Mary-
land and Carolina.
• Many other staples had been recommended from time to time to the
planters, and even encouraged by bounties and rewards, and this year it
was thought would give them more leisure to attend to the subject. But it
is not probable that many engaged in the occupations proposed, which re-
quired the investment of capital, the acquisition of skill, and the aid of
time to render them profitable; and the year's leisure only served to increase
the growing discontent, especially as towards its end Maryland began to
be suspected of bad faith.
*Hening, v. II. p. 510.
â–
HISTORY OF VIRGINIA. 6(J1
There were other causes of discontent which probably prevailed between
different classes of society. Loud complaint was made of the manner in
which taxes were levied, entirely on persons without regard to property,
which as there must have been a very large class of poor free persons now
existing from the frequent emancipation, and expiration of the terms of
those who came over as servants, besides those who were free but poor
when they came to the country, must have created considerable excitement.
An effort was made to remedy this evil by laying a tax on property but
ineffectually; the only result being a small export duty on tobacco, in aid
of the general revenue.
While the taxes bore thus hard upon the poorer portion of the communi-
ty they also had just reason to complain of exclusion from the right of
suffrage by an act of 1670, and from the Legislature, to which none but
freeholders could be chosen ; as well as of the enormous pay which the
Burgesses appropriated to themselves, of one hundred and My pounds of
tobacco per diem, and one hundred for their horses and servants. The
forts were also complained of as a source of heavy expenditure without
any benefit; their chief use indeed being rather injurious, as they kept off
traders who violated the navigation acts.
But these evils in domestic legislation were trivial compared with those
produced by the criminal prodigality of Charles, who wantonly made
exorbitant grants to his favorites of large tracts of lands, without a knowl-
edge of localities, and consequently without regard to the claims or even
the settlements of others. To cap the climax of royal munificence
the gay monarch in perhaps a merry mood, granted to Lords Culpeper
and Arlington the whole colony of Virginia for thirty-one years, with
privileges effectually royal, as far as the colony was concerned, only re-
serving some mark of homage to himself. This might be considered at
court perhaps as a small bounty to a favorite, bu,t was taken in a very seri-
ous light by the forty thousand people thus unceremoniously transferred.
The Assembly in its extravagance only took from them a great proportion
of their profits ; but the king was filching their capital, their lands, and
their homes which they had inherited from their fathers, or laboriously ac-
quired by their own strenuous exertion.
The Legislature sent three deputies to England to remonstrate with the
king against these intolerable grants, to endeavor to procure his assent to
some charter which might secure them against such impositions for the
future ; and if they should fail in the first of these objects to endeavor to
buy out the rights of the patentees. To bear the expense of these three
deputies, Mr. Ludwell, Mr. Morryson, and Mr. Smith, the enormous annual
tax of fifty pounds of tobacco was laid upon every tithable person for two
years, which, though it was for a popular object, was considered as of itself
an intolerable grievance, at which we cannot wonder when we reflect that
many who had to pay this tax did not own a foot of land. The amount
can only be accounted for by supposing much of it was to be used as secret
service money, with such of his majesty's minions as could only see justice
through a golden medium.
These deputies exerted themselves with remarkable success, and pro-
cured from the king an order for a charter, precisely in conformity to the
petition which they presented, and providing against the grievances of
which they complained; especially grants from the crown without infor-
mation from the governor and council in Virginia that such grant would
76
602 HISTORY OF VIRGINIA.
be of no injury; dependence immediately upon the crown of England and
not on any subfeudatory ; and exemption from taxation without consent of
the Grand Assembly. His majesty ordered the solicitor general and attor-
ney general to prepare a bill embodying these and the other matters em-
braced in their petition in due legal form for his signature ; but the matter,
notwithstanding the most assiduous attention of the deputies, was so long
delayed in going through the official forms that it was finally stopped, be-
fore its completion, in the Hanaper office, by the news of Bacon's Rebel-
lion.*
Soon after the deputies left Virginia, the difficulties of the colony had
been increased by the addition of an Indian war, which although not now
as formerly a matter causing danger of destruction to the whole colony,
and requiring all its strength to repel it, was yet a subject of great terror
and annoyance to the frontier.
A standing army of five hundred men, one-fourth of which was to consist
^ ~ lfi7 t- of cavalry, was raised by the Legislature, and every provision
"â– a ' ' * * made for their support and regulation ;f but after it was raised
and in a complete state of preparation to march against the Indians, it was
suddenly disbanded by the governor without any apparent cause.;}: This was
followed by earnest petitions to the governor from various quarters of the coun-
try, to grant a commission to some person to chastise the Indians, the petition-
ers offering to serve in the expedition at their own expense. This reasonable
request was refused, and the people seeing their country left defenceless to
the inroads of a -savage foe, assembled of themselves in their primary
capacity, in virtue of their right of self-defence, to march against the ene-
my. They chose for their leader Nathaniel Bacon, junior, a young gen-
tleman of highly respectable family and education, who although he had
returned to Virginia but three years before, from the completion of his
studies in England, had already received the honor of a colonel's rank in
the militia and a seat in the Legislature for Henrico, in vvlr'ch county his
estate lay, — exposed by its situation to the fury of the Indians. He stood
high in the colony, and was possessed of courage, talent and address
which fitted him well for such an enterprise. After Bacon had been selected
by this volunteer army as their leader, his first step was- to apply to the
governor for a commission, in order if possible to have the ^anr-tion of the
legitimate authorities for his conduct. The governor evaded this rational
and respectful request, by saying that he coufd not decide upon so impor-
tant a matter without his council, which he summoned to consult, at the
same time artfully hinting to Bacon the injury which he might probably
do himself by persevering in his course. § Bacon despatched messengers
to James Town to receive the commission which he did not doubt would
be ultimately granted ; and as public impatience would not abide the dila-
tory, proceedings of the governor, and he was probably nettled at the in-
sinuations addressed to his selfishness, in the governor's communication,
he proceeded on his expedition, authorized only by the will of the people,
the danger of the country, and the anxious wish of those who trusted their