A new and comprehensive gazetteer of Virginia, and the District of Columbia, Part 79

Author: Martin, Joseph. ed. cn; Brockenbrough, William Henry
Publication date: 1835
Publisher: Charlottesville, J. Martin
Number of Pages: 1278

USA > Washington DC > Washington DC > A new and comprehensive gazetteer of Virginia, and the District of Columbia > Part 79
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. 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. He accordingly sent the commissioners home with their grievances untold, and Harvey was re-instated 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 hin.

* Hlening v. 1. 223.

+ List of governors: llening, v. I. p. 4.

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HISTORY OF VIRGINIA.

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 Indians. Sheriff's, 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. t

At the first assembly which was held after the return of Wyatt, 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, stript and smoothed, was to be made; which would make in the whole about 1,300,000 lbs. and all'creditors wereto take 40 lbs. for a hundred." 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 those 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 for 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 first portion of the act, but the latter` part, forcing creditors to take less than their full dues, has been pro- nounced flagrantly unjust. But if this had not been done what would have been the condition of the planter ? If he had made a hundred pounds, and owed fifty, the burning and his creditor would deprive him of his whole crop, whilst the creditor receiving the fity pounds at its enhanced value, ": would receive more than double what was due him. This would have been highly oppressive to the debtor, and made the whole act redound en- tirely to the benefit of the creditor. Whereas making him take 40 pounds in the hundred, when that 40 was enhanced to more than the value of the hundred, was no hardship.

In the early stages of the colony, the planters wanted the comforts of life from England and not money, for money could purchase nothing in

* Viz: James City, Henrico, Charles City, Elizabeth City, Warwick river, Warras quoyoke, Charles river and Accomack.

# See Note A at the end of this chapter.

586

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 Graud 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."t An exception was afterwards made in 1642-3, in favor of debts contracted for horses or sheep,¿ 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 viewings, 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 as 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 means 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 in value, whereas in Virginia it was not paid nominally as it had been con- tracted for so many pounds of tobacco, but. it was paid in fewer pounds rendered of greater actual value than the debt would have' amounted to if paid in pounds before the burning of half the quantity made. "

* Hening, v. I. p. 216. t Henning, v. I. p. 262. # Ibid. 417. § Henning, v. I. p. 152.

#" Ibid. 268.

T 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 Harvey. 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 and 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.t 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 land titles. The bounds of parishes were more accurately marked. A treaty .. with : Marys 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.

t Hening, V. I. p. 231 -- 4.

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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 driving thein still further from the homes of their fathers. This incessant warfare, whilst it weakened them as a na- 1644. tion, had increased 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 1645, 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 was 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."

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HISTORY OF VIRGINIA.

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."*

Sir William Berkeley again took possession of his government in June, Oct. 5, 1646. 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.t 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.t. .

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, not because they loved monarchy, but because they cherished the lib- 1649. erties of which he had left them in the undisturbed possession; and

* Hening, p. 285 -- 6.

t Hening, V. I. p. 323, 326.

# I 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- for the draining of lands; unless indeed it would be the burrows, 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, 1650. new commission, and Charles the Second, a fugitive from Eng- land, was still the sovereign of Virginia.t

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 . Wilham 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 show 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 be preserved inviolate, and their present happy constitution guaranteed, whilst they were to suffer nothing for past conduct, readily acquiesced, since they gained all by such a surrender which they could effect by the most successful warfare. It appears that they never anticipated anything more than the preservation of their own liberties from wanton violation from the new and untried power which now held the reins of government in England ; and could scarcely have been mad enough to hope to effect anything favorable to the king by their resistance. |

* [Iening, V. 1, p. 359 -- 60. Act 1.

t Bancroft, V. I; 225 -- 6.

# Bancroft, V. I, p. 226 -- 7.

#! We have differed from Bancroft upon this subject, who savs, p. 240. "No sooner had the Guinea frigate anchored in the waters of the Chesapeake, than 'all thoughts of resistance were laid aside,' {Clarendon, B. XIII. p. 466, 467.] and the colonists having no motive to contend for a monarch, whose fortunes seemed irretreivable, were earnest only to assert the freedom of their own institutions," ; There can be po doubt but Burke, vol. H. p. 82, drew largely upon his imagination for the brilliant colors in which he paints Berkeley's attitude of resistance, the outline of the picture

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HISTORY OF VIRGINIA.

. The articles of surrender are concluded between the commissioners of the commonwealth, and the council of state, and Grand Assembly of Vir- ginia ; as equal treating with equal. It secures :---

Ist. That this should be considered a voluntary act, not forced or con- strained by a conquest upon the country ; and that the colonists should have and enjoy such freedoms and privileges as belong to the freeborn people of England.

2dly. That the Grand Assembly as formerly should convene and trans -. act the affairs of Virginia; doing nothing contrary to the government of the commonwealth or laws of England :

3dly. That there should be a full and total remission of all acts, words or writings against the Parliament :

4thly. That Virginia should have her ancient bounds and limits granted by the charters of the former kings, and that a new charter was to be sought from Parliament to that effect, against such as had trespassed upon their ancient rights :- [This clause would seem to be aimed at some of the neighboring colonies.]

5thly. 'That all patents of land under the seal of the colony; granted by the governor, should remain in full force :

6thly. 'That the privilege of fifty acres of land for every person emi- grating to the colony should remain in full force :

7thly. That the people of Virginia have free trade, as the people of Eng -. land enjoy with all places and nations, according to the laws of the com- monwealth, and that Virginia should enjoy equal privileges in every respect with any other colony in America :

8thly. That' Virginia should be free from all taxes, customs and imposi- tions whatsoever, and that none should be imposed upon them without the consent of their Grand Assembly. And no forts or castle be erected, or garrisons maintained without their consent :

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A new and comprehensive gazetteer of Virginia, and the District of Columbia, Part 79

Author: Martin, Joseph. ed. cn; Brockenbrough, William Henry Publication date: 1835 Publisher: Charlottesville, J. Martin Number of Pages: 1278

Author: Martin, Joseph. ed. cn; Brockenbrough, William Henry
Publication date: 1835
Publisher: Charlottesville, J. Martin
Number of Pages: 1278