USA > Washington DC > Washington DC > A new and comprehensive gazetteer of Virginia, and the District of Columbia > Part 83
USA > Virginia > A new and comprehensive gazetteer of Virginia, and the District of Columbia > Part 83
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Their last act deprives Edward Hill and John Stith forever of the right to hold any office of trust, judicature, or profit, because it was notoriously manifest that they had been the greatest instruments in raising, promoting, and stirring up the late differences and misunderstanding that had arisen between the honorable governor and his majesty's good and loyal subjects. The acts of this Assembly were signed by Berkeley in all due form, but were subsequently all declared void, though many of them were re-enacted by the Legislature, which under the influence and control of Berkeley. de- clared them void.
Although the people of Virgmia had laid down their arms they were not subdued, but continued to manifest through their Legislature the same undaunted tenacity of their rights which had ever characterised them. This was exhibited towards the king's commissioners in one of the boldest defences of privilege which the records of any nation can exhibit, and shows how strongly imbued with the spirit of freedom the people must have been when they could snuff the approach of tyranny at such a dis- tance, and put themselves on their defence against their friends, lest their enemies might take advantage of their concessions. The king's commis- sioners were empowered to call for persons and papers, for the purpose of prosecuting more effectually their inquiries into the grievances of the colo- ny. In conformity with their powers they called upon the secretary of the Legislature for its journals, but were surprised to find that although their proceedings were popular, and their object was to investigate and re- dress grievances of which these very men complained, that they refused to allow them to inspect their journals, returning for answer that it was a dangerous precedent which might be used in violation of their priviliges. At this time the governor and commissioners had complete physical power over the colony by the entire absence of anything like organized opposi- tion, and from the presence of the king's troops ; and availing themselves of this power they did not hesitate to wrest the journals of the Assembly from the hands of its officer by force. Upon which the Virginia Assem- · · bly published a bold and manly declaration, setting forth "that his majesty's commissioners having called for and forced from the clerk of the Assembly all the original journals of the Assembly, which power they supposed his majesty would not grant them, for that they find not the same to have been practised by any of the kings of England, and did therefore take the same to be a violation of their privileges, desiring withall satisfaction to be given them that they might be assured no such violation of their privileges should be offered for the future." The king was so much displeased with this declaration, that although he pardoned the members of the Legislature, he directed the record of it to be erased, and required the governor to propose a bill to the next General Assembly condemning the proceeding, and de- elaring the right of his majesty and his officers to call for all the public records and journals whenever they shall think it necessary for his royal service .*
*Hening, vol. II. p. 561.
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Sir Herbert Jeffries deserves the merit due to an advantageous treaty with the Indians, and a successful opposition to the petty intrigues of the loyal- ists. He died in 1678, leaving the colony in the hands of the Lieutenant governor, Sir Henry Chickerly, during whose administration magazines and forts were established at the heads of the four great rivers to overawe the savages, and a silly act passed prohibiting the importation of tobacco from Carolina and Maryland for the purpose of transhipment, which prac- tice if they had suffered it to continue might have proved very profitable to the colony, besides putting the tobacco trade more exclusively into its own hands. In the succeeding spring Sir Henry delivered the government to Lord Culpeper. The first act of his lordship was to declare full and un- qualified indemnity to all for their conduct in Bacon's rebellion, and allow- ing reparation to those who should be reproached for their conduct upon that occasion. This popular act, added to the pleasing and conciliatory manners of his lordship, so won upon the good-natured simplicity of the Assembly, that they passed an act which probably no force could have ex- torted from them. They raised the duties and made them perpetual instead of annual as before, and what was at once surrendering up the great bul- wark of that freedom for the safety of which they had been so long con- tending, they made the duties henceforth subject to his majesty's sole direc- tion and disposal.
The king rewarded Culpeper's address in obtaining this acquisition to his power, by the addition of a thousand pounds to his salary and one hun- dred and sixty pounds per annum for his rent. The Assembly too, as if they could not do enough for a royal governor who could condescend to smile upon them, granted his excellency a regular duty proportionate to . the tonnage of every vessel trading to Virginia. Culpeper having thus obtained a considerable increase to his revenue by his trip to Virginia, proceeded to England to enjoy it, leaving the colony once more with Sir Henry Chicherly.
The discontents of the people again began to extend to a degree which could scarcely be kept within bounds. The troops which had been sent over to suppress Bacon's Rebellion were still kept up. There were no barracks and the people positively refused to receive these idle and trou- blesome drones into their houses, although they were regularly billeted by the government. The low price of tobacco too was a never failing source of complaint, as well as the commercial regulations which aided in pro- ducing it. The colony had urged Culpeper to exert his influence at court to procure a cessation from planting, to which they had for some time in vain endeavored to obtain the assent of Carolina and Maryland.
To these evils another was now added which struck another blow at commerce. The idea had been conceived that the colony could not pros- per without towns, and to promote their growth the planters living princi- pally on the shores of the magnificent Chesapeake and the broad naviga- ble rivers of Virginia, were required to bring their produce to particular spots for the purpose of being shipped. Thus taxing the planter with unnecessary freight and commission for the benefit of such idlers as might congregate in the towns. These acts were enforced by heavy penalties, and as they contributed very much to the benefit of the town's people, the · penalty for the violation was rigorously enforced. 'These prosecutions drove many traders from the country, and the poor planters to whom it ras physically impossible to convey their crops to these paper-towns, were
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doomed to see their crops rotting on their hands by this injudicious legis- lation, or if they attempted to evade the law, have them wrested from them in the shape of penalties." These several subjects of complaint induced the people of several counties to petition the deputy governor to call an assem- bly, to endeavor to provide a remedy for the evils. At the meeting of the Assembly, there was much debate and declamation upon the condition of the country, but no measure of relief was adopted. By order of the king however the two companies of infantry were paid off and disbanded, which put an end to one of the subjects of difficulty. The dissolution of the As- sembly without effecting anything caused the impatience of the poor and ignorant people of several of the counties to break through all restraint, and expend their wrath in the destruction of tobacco plants, at a season of the year when it was too late to sow more seed. Sir Henry Chicherly with commendable moderation only took measures to stop these misguided people, without resorting to harsh punishments, but lest it should be drawn into a precedent, the Legislature not long afterwards made it treason.t In the mean time Lord Culpeper arrived and his haughty bearing to the Council and the Burgesses soon gave intimation to them that his Lordship's feelings towards the colony had undergone a change. He enlarged, in his speech to the Assembly, much upon the favor of his majesty in disbanding the troops, and spoke of permission which he had obtained to raise the value of the current coin,-he then went on to declare that the colonists did not deserve these gracious favors, but rather punishment for their recent turbu- lence; he also expressed his majesty's great dissatisfaction at the refusal of the journals, and desired that that portion of their proceedings should be expunged.
The Assembly expressed their gratitude for the concessions which had been made by the king, but at the same time with admirable good sense, and a knowledge of the principles of commerce which shows that they were not acting blindfold with regard to the alterations in the price of tobacco heretofore alluded to, protested by a large majority against raising the value of the coin ; stating as a reason that the exercise of this dangerous power would be made a precedent, and specie which of course as the standard of other value should be as fixed as possible itself, would be blown about by the breath of the governor, and the people would have no cer- tainty of the value of the coin in their pockets. They stated moreover that it was the duty of the Legislature to enact all laws for the regulation of commerce, and of course to prescribe the current price of specie, and they accordingly introduced a bill for that purpose; but this bill, which was necessary, as the coins of many different countries were in circulation, was stopped short in its progress by the governor, who declared that it was trespassing upon executive prerogative, and that he would veto any bill which the legislature might pass upon the subject. He then proceeded to fix the value himself by proclamation, raising the current price considera- bly, but making exception of his own salary and the revenue of the king. This exception was in effect nothing more or less than a new tax of the most odious and oppressive character, and the colony plainly recognised it as such, and refused to regard the exceptions, but paid the revenue as other debts according to the new standard. And the governor afraid to bring
*Hening, vol. II. 561-2 -- 3., and Burk, vol. II. p. 230,
tHening, vol. III. p. 11.
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such a case before any court of law, which he well knew would expose his contemptible meanness, and yet afraid to allow his proclamation to be openly disregarded, which would have put an end at once to the authority of his edicts, was compelled by the dilemma to lower the value of the coin as suddenly as he had raised it. This was at once realizing all the worst anticipations of the legislature as to the arbitrary fluctuations in the standard of value, besides being highly unjust and oppressive to such persons as had made payment of debts according to the new standard, and such as had given credit during the time of the alteration. The governors had by some means been suffered to exercise the power of dissolving the Assemblies, and this having now grown into a usage was a favorite method of silencing their clamors, and they having rashly made the provision for the revenue perpetual and put the control of that subject into the king's hands, were bound hand and foot, and could not control executive usurpation by stopping the wheels of government. The governor now made use of this danger- ous power and dissolved the Assembly. The governor thus left without a watch of control over his actions proceeded to a vigorous exercise of ex- ecutive powers. The unfortunate plant-cutters who had merely been im- prisoned, and such of them dismissed from time to time as would give assurance of penitence, and promise a peaceable demeanor, were now pro- ceeded against with the utmost rigor for what the king was pleased to call their treasonable conduct. But the noblest victim for tyrannical persecu- tion was Robert Beverly, the former clerk of the Assembly, who had re- fused to give up its papers without authority from "his masters, the house of Burgesses." For some reason it seems that an inspection of journals was demanded by the council again in 1682, and Beverley again refusing to deliver them was thrown into prison, in a king's ship, the Duke of York, then lying in the river, his persecutors being afraid to trust him to the keeping of the jails among his countrymen. Whilst he was in prison a committee of the council was appointed to seize the papers, which he fore- seeing this event had secreted. The pretence for this imprisonment were the most frivolous that can well be imagined; he is accused of fomenting discord and stirring up the late partial insurrections, but the only specific act of which he was accused was setting on foot petitions for an Assem- bly .* Under these arbitrary proceedings he was detained a prisoner, de- nied the writ of habeas corpus, and hurried about from prison to prison until the governor at last thought proper, after two years searching for charges, to commence a regular prosecution.
The accusation consisted of three heads :-
1st. That he had broken open public letters, directed to the Secretary's office, with the writs enclosed for calling an Assembly, in April 1682, and took upon him the exercise of that part of the government, which belongs to the Secretary's office and was contrary to his ;-
2nd. That he had made up the journal, and inserted his majesty's letter therein (which was first communicated to the house of Burgesses at their prorogation) after their prorogation ;-
3d. That he had refused to deliver copies of the journal of the house of Burgesses in 1682, to the lieutenant governor and council, saying, "that he might not do it without leave of his masters."
This was all which could be charged against this faithful officer, after so
* Hening, vol. III. p. 543.
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long an imprisonment, and so long a preparation for the prosecution. But of course they will not bear scrutiny, being only a flimsy veil thrown over their designs, rather indicating a wish to hide the naked deformity of the prosecution, than actually concealing it.
Before this notable prosecution was ended Lord Culpeper forfeited his commission, and was superceded by Lord Howard, who took the oaths of office on the 28th of February 1684. His first measure was to call an as- sembly which as a popular act, induced the colony to hope some degree of mildness in his administration; but these hopes were soon dissipated. He pursued the unfortunate plant-cutters with renovated vigor, and such of them as had been excepted in a proclamation of general pardon, were now executed and their estates after paying officer's fees, appropriated to the go- vernor's own use.
The assembly met and refused to proceed with business for the want of a clerk, as their former clerk was in prison, and they refused to elect another. In this situation of affairs the matter seems to have been compromised, the governor no doubt despairing of his conviction upon the absurd charges made, and Beverley and his friends willing to end his long imprisonment and sufferings, by asking pardon, at the same time not giving up the pa- pers or the principles for which he suffered. Be this as it inay Beverley threw himself upon the mercy of the court, declining to employ counsel or make any defence, and was pardoned .* Probably these long continued sufferings, with other persecutions afterwards endured, injured the constitu- tion of Beverley, for we find that he died prior to April 1687. His noble conduct induced king James the then reigning monarch, to deprive the Burgesses of the election of their own clerk, ordering the governor to elect him, and requiring the assembly to make the clerk so elected, the usual al- lowance for his services.
The accession of James II. was proclaimed with the usual demonstrations Feb. 15, 1685. of respect in the colony, and complimentary assurances of loyalty on the one side and gracious regard on the other were exchanged between his subjects and the assembly. But nothing was done to secure the freedom of the colony, and Lord Howard took advan- tage of the succeeding recess of the assembly, to enlarge the fees and per- quisites of his office, and to impose new ones without the advice or authori- ty of the assembly. This body which met in November, immediately took into consideration these arbitrary exactions, and passed spirited resolutions in reprobation of them, and made provision for the defence of the citizens from similar encroachments in future. To these acts the governor applied his negative, without assigning any reason Lord Howard not satisfied with thus stopping the legislation of the colony, proceeded in effect to acts of executive legislation, by issuing a proclamation, in obedience he said to the king's instructions, repealing several acts of the legislature, which were themselves repeals of former acts, and declaring the acts repealed by that body to be revived, and in full force as before the passage of the repealing acts. This proclamation the assembly protested against as illegal and un- warrantable, as utterly subversive of the government, annihilating the right of the popular branch, and bringing all to bow in humble submission to the
* Hening, v. 111. p. 548-9. Ibid p. 550.
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mercy of the prerogative. The spirited conduct of the Burgesses, could Oct. 20, 1686. not be endured by the governor and he prorogued them. The governor had sent to James an account of the conduct of this assembly. This representation produced in reply from James, a furious, quarrelsome order, calling their conduct mutinous, and attributing it to their " unquiet dispositions and sinister intentions to protract the time of their sitting to the great oppression of his subjects, from whom they re- ceived wages;" concluding by an order for the prosecution of their clerk Beverley, to whom he ascribes all of these evils.
In the same year several persons were imprisoned and punished for treasonable expressions. The council was now as servile as the governor could wish, and he proceeded without interruption in his system of arbitra- ry innovation upon the established usuages of the colony, and the liberties of its citizens.
The province of New York belonged to the king as proprietor as well Nov. 10, 1687. as sovereign; and in order to strengthen this his own es-
tate, he sent orders for all the other colonies to assist in building forts, and supplying garrisons for its western frontier, alledging that these measures were equally necessary for the protection of all; in con- formity to these orders a message was received from governor Dungan, re- quiring the quota of Virginia, but the legislature refused to appropriate a man or a farthing for purposes from which they were to derive no benefit but rather an injury, as the protection of the north-western frontier would ' drive the Indians further south, where they might commit their depreda- tions upon the unprotected citizens with more impunity.
Whilst the colony was contending against their governor, a revolution 1689. in England had dethroned the sovereign, and placed William and Mary upon the throne. This change whilst it placed the council which had made many loyal professions to James, in an awkward position, was an event producing analloyed joy to the people of Virginia, as they could now hope for justice to be done to their oppressive governor.
. Soon after this occurrence the war broke out between the allied powers and Lewis XIV. of France, and the colony was ordered to place itself in the best posture of defence.
The complaints of the Virginia legislature against their governor at length were taken up by the privy council, and although the charges against Howard were not tried, yet redress against his usurpation was granted, at the same time that the principles upon which they contended that their rights had been violated, were denied to be correct. Howard pleading ill- health was not deprived of his commission for not returning to the colony, but as it was necessary that there should be a governor upon the eve of a war, Sir Francis Nicholson was sent over. His conduct was mild and con- ciliatory, and consequently popular; among other highly beneficial acts passed under his government, was one for the establishment of a college which was very liberally endowed.
He was succeeded by Sir Edmund Andros as governor-in-chief, who is Sept. 20, 1692. represented to have been actuated in his administration by
. a sound judgment and a liberal policy ; to have been exact, diligent and methodical in the management of business; of a conciliatory deportment and great generosity .* Sir Francis Nicholson was again made
+Burk, vol. I. p. 216.
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"governor-in-chief, in November 1698. He was an ambitious man, who had served in the capacity of a governor, and deputy governor in several of the colonies, and taken great pains to become popular, and to make himself well acquainted with the situation of all the colonies,-their wants,-their trade, and their capabilities, with a view to unite them if possible under one government, over which he hoped to obtain the appointment of governor general. The pressure of war with the combined force of the French and Indians, which seemed now about to fall upon the colonies, and rendered some union necessary for the purpose of defence, seemed highly favorable to his design.
The French at an early day conceived a correct idea of the importance of the British colonies in America. . The Count De Callier, governor of Montreal, during his residence in Canada, after a long experience derived from observations on the spot, had formed the bold project of separating in two the English colonies by the capture of New York. The success of this scheme would manifestly have destroyed that concert so necessary to har- mony and efficiency of co-operation, and left the other colonies liable to be cut off in detail, and would effectually establish the safety of Canada . by enabling the French to keep in check the powerful savage confederation, composed of the Five Nations which had lately by a furious irruption laid waste the country even to the gates of Montreal and Quebec. This plan of Sept. 1692. Callier's was adopted by the French government. A fleet was sent to the bay of New York, with orders to retain possession of it, until December, when if no further orders were received, it was to sail for Port Royal, land its munition and stores and return to France. The land force were to have marched from Quebec by the route of the Sorel river and Lake Champlain. This expedition was defeated by a destructive. inroad of the Five Nations, which carried death and desolation over the whole country, even to the very gates of the capital. This unforeseen oc- currence rendered it necessary to retain the whole force at home in mea- sures of self-defence, and saved New York, without her having to strike a blow in her own behalf.
The British government daily becoming more sensible of the importance. of the North American colonies, and seeing the danger to which they were exposed by the plan of De Callier, set on foot a plan of general defence in the year 1695, adjusting the quotas of each colony to the ratio of its popu- lation, and forwarding the scale to the different governors, to recommend for the adoption of the respective colonial assemblies. Several of the colo- nies rejected this scheme, because several of those which were thought most exposed wished to employ it as their own interest dictated. Among the re- fractory was Virginia, which could not be prevailed upon by all the art and ingenuity of the governor, aided by his great enthusiasm in this his favor- ite plan,-to vote a cent to the enterprize,-to his inconceivable chagrin. and mortification. Nicholson finding his own efforts utterly unavailing, laid the matter before the king, and urged the propriety of forcing Virginia to see her true interests upon this occasion. William in reply recommend- . ed a new consideration of the matter by the General Assembly, alledging upon the authority of Nicholson's report, " that New York was the barrier of Virginia against the Indians and the French of Canada; and as such it was but justice she should defend it." The assembly deemed it but due respect to his majesty to take the subject again into consideration, but found no rea- son to change their former opinion, declaring " that neither the forts then in 78
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being, nor any others that might be built in the province of New York,' could in the least avail in the defence or security of Virginia; for that either the French or the northern Indians, might invade the colony, and not come within a hundred miles of such fort."
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