USA > Maryland > A sketch of the history of Maryland during the three first years after its settlement : to which is prefixed, a copious introduction > Part 9
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* Some were Protestants and some Catholics. De Monts himself was a Calvinist ; but the king allowed him and his people the exercise of their religion in America. A passage is cited in Holmes's Annals, Vol. 1, p. 147, from Charlevoix, wherein it is said, that De Monts engaged on his part, to esta- blish the Catholic religion among the natives. But the origi- nal letters patent, as in Hazard's Collections, above-cited, do not warrant this assertion ; and it is not probable, from the well known character of Henry, that any such stipulation was made by verbal agreement. It is true, that in the preamble of the letters patent, Henry sets forth his resolution, (as was usual in the first planting of America, both North and South,) to cause the native inhabitants of that country to be converted, " au Christianisme et en la créance et profession de notre foi et religion." But this seems to be explained further along in the letters, where he authorises De Monts, " les (peuples) ap- peler, faire instruire, provoquer et emouvoir à la connoissance de Dieu et à la lumiere de la foi et religion chretienne." It is not impossible, but that Charlevoix, being of the order of Je- suits, might very dextrously suppose, that the Christian reli- '. gion could mean nothing else than the Catholic religion, and so set it down.
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SECT. V. given to Pontgravé, who was ordered, after touch- ing at Canso, (the eastern extremity of Nova Sco. 1604. tia) to scour the sea between Cape Breton and St. John's islands, and to clear it of all interlopers.
De Monts, with his two ships, sailed from Havre de Grace on the 7th of March, 1604, and, after a passage of only one month, årrived at Cap de la Hêve, in Nova Scotia. In a harbour very near this cape, to the southwest, he met with an interloping vessel, commanded by one Rossignol, a Frenchman, who was trading there with the Indians without license; for which reason he seized his ship and cargo, and called the harbour Port Rossignol. Coasting thence further to the southwest, he arrived at another haven, which his people named Port Mutton, on account of a sheep which either leaped or tumbled overboard here, and was drowned. From this port they coasted the peninsula to the south- west; doubled Cape Sable, and came to anchor in the bay of St. Mary. They afterwards proceeded to examine an extensive bay on the northwest of the peninsula, to which they gave the name of La Baye Francois, but which is now called the Bay of Fun- dy. On the southeastern side of this bay they dis- covered a narrow strait, into which they entered, and soon found themselves in a spacious bason, envi- roned with hills, and bordered with fertile meadows. Pontrincourt was so delighted with this place, that he determined to make it his residence, and propos- ed to send for his family, and settle there. Upon which De Monts, in virtue of his commission, made him a grant of it; and Pontrincourt gave it the name
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of Port Royal, which grant was afterwards, in the year 1607, confirmed to him by Henry IV. It has since been known by the name of Annapolis Royal. From Port Royal or Annapolis, De Monts sailed still further up the Bay of Fundy, in search of a copper mine, then said to lie at the head of that bay. While De Monts was thus engaged in his coasting voyage, Champlain, who had been despatched in a long-boat, immediately after their arrival at Cap de la Hêve, to search for a proper place for a settlement, . in examining the Bay of Fundy, pursuant to the instructions of De Monts, came to a large river on the northwest side of the bay, which he called St. John's, originally called by the natives Ouy-gondy. From this river, Champlain coasted the bay south- westwardly twenty leagues, until he came to an- other river, in exploring which he met with a small island, in the middle of that river, and about half a league in circumference, to which he gave the name of L'Isle de St. Croix. This island he deemed to be a proper situation on which they might begin a settlement. He was soon followed thither by De Monts, who resolved to build a fort, and pass the winter there. This they did, but from their account they must have endured great hardships. The in- sular situation of the settlement precluded them from many advantages. When the winter came on, which was said to have been severe, they found themselves without fresh water, without wood for firing, and without fresh provisions. These inconveniences soon filled the little colony with diseases, particu- larly the scurvy. By the ensuing spring thirty-six
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SECT. of the colonists had died, and forty of them only were left alive. These considerations determined
1605. De Monts to remove his colony across the bay to Port Royal. The buildings at St. Croix were left standing,* but all the stores, &c. were removed. New houses were erected at the mouth of the river L'Equille, which empties itself into the basin of Port Royal, and here the people and stores were lodged. These incidents, however induced De Monts to look out for a more comfortable situation in a warmer climate. With that view he sailed southwardly along the coast to Penobscot, Kenne- bec, Casco, Saco, and ultimately to Malebarre,
* The river in which L'isle de St. Croix lies, is called the Scoodich, which was the original name given it by the na- tives, but it is also called the St. Croix ; and being part of the boundary between the territory of the United States and the British province of New Brunswick, it has become a stream of considerable importance. After the treaty of 1783, by which the river St. Croix was made a boundary, it became a question which was the real St. Croix; whether the river known by the name of Scoodich, or that known by the name of Magaguadavick. It has, however, been satisfactorily de- termined, by commissioners appointed for that purpose, that the Scoodich is the river, originally named St. Croix, and the line has been settled accordingly .. Professor Webber, who accompanied the commissioners in 1798, informed Mr. Holmes, that they found an island in this river, corresponding to the French descriptions of the island St. Croix, and near the upper end of it, the remains of a very ancient fortification, overgrown with large trees, that the foundation stones were traced to a considerable extent; and that bricks (a specimen of which he showed Mr. Holmes,) were found there. There is no doubt that these were the reliques of De Monts's fortifica- tion. Holmes's Annals, Vol. 1, p. 149.
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which was at that time the French name of Cape Cod. He explored divers of these rivers, bays, and harbours: particularly the Kennebec, up which he went a considerable distance. But the natives ap- pearing numerous and unfriendly, and his company being small, he returned to St. Croix, and then to Port Royal, where he found Pontgrave, in a ship from France, with supplies, and a reinforcement of forty men. Having put his affairs into good order, he embarked for France in September, 1605, leav- ing Pontgravé as his lieutenant, with Champlain and Champelore to perfect the settlement and explore the country.
M. de Monts, on his arrival in France, found, His patent that endeavours had been made to prepossess the revoked. French court against his views. The masters of the fishing vessels, who frequented the coast of Aca- dié and the Gulf of St. Lawrence, which fishery is said to have been the best trade the French then had, represented to the ministry, that De Monts, on pre- tence of preventing the fur trade with the natives, to which by his patent he had an exclusive right, kept them from the necessaries fit for fishing, and that they were upon the point of abandoning the fisheries. They succeeded so far that De Monts's patent was revoked. This did not, however, en- tirely discourage him. He entered into new engage- ments with Pontrincourt, who was then likewise in France.
1606. Pontrin-
Pontrincourt sailed again for America, in the year 1606, in an armed vessel from Rochelle. The court's en- colony which had been left at Port Royal under the to fix a set- deavours
tlement at care of Pontgrave, was, by the time of the arri- Port Ros.
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al, Nova Scotia.
SFCT. val of Pontgravé off Cape Canso, reduced to such V. difficulties, that Pontrincourt was obliged to reem- .. 1606. bark all the inhabitants but two, whom he left to take care of the effects he could not carry off. How- ever, before he got out of the Bay of Fundy he heard of Pontrincourt's arrival at Canso, upon which he returned to Port Royal, where, about the same time, Pontrincourt arrived. The relief which Pontrincourt brought to this infant colony, came so seasonably, that it again held up its head; but its prosperity is said to have been in a great measure owing to the spirit and abilities of Le Carbot, a French lawyer, who, partly from friendship to Pon- trincourt, and partly through curiosity, had accom- panied him in this voyage. It would seem also, that about this time Pontgrave, said to be the abiest man by far of any concerned in these projected set- tlements, resigned his command.
1657. The Sieur De Monts obtains a Tustora. In the next year, 1607, Pontrincourt returned to France, and the king, induced probably by his fa- vourable representations of the country, either con- tion of his firmed or regranted to the Sieur De Monts his for- grant, mer exclusive privilege for the fur trade with the natives, for the purpose, as it is said, of enabling him to establish his colonies in New France. De Monts accordingly sent over, in the year 1608, three ships with families, to commence a perma- nent settlement. Champlain, who took the charge of conducting this colony, after examining all the most eligible places for settlement in Acadie, and the river St. Lawrence, selected a spot at the con- Auence of this river and the St. Charles, another small river emptying into the former, about three
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HISTORY OF MARYLAND.
hundred and twenty miles up the river St. Lawrence, from the sea. Here, on the third of July, 1608, he began to erect barracks for lodgings for his pco- 1603. And esta- blishes ple, and to clear the ground, which he sowed with wheat and rye, and on this spot laid the foundation the first of Quebec, the present capital of Canada. * The nent colo- perma- succeeding events relative to Acadie and Canada, ada, under ny in Can- appertain to the histories of those countries. It is piain. Cham- now our business to return to the at last successful attempts of the English at colonisation.
· Mod. Univ. Hist. Vol. 39, p. 408, 412. Holmes's An- nals, Vol. 1, p. 148, 163.
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SECTION VI.
A new association formed in England, to colonise America-The let- ters patent commonly called the first charter of Virginia-Proceed- ings of the Plymouth Company under this charter-The king's in- structions relative to both the colonies or companies to be formed under this charter-Proceedings of the first or South Virginia Com- pany-The first colony sent out to South Virginia under Newport, and a permanent settlement formed at James' town.
ALTHOUGH one hundred and eighty years SECT. 1.1 had now elapsed, since the discovery of the northern part of the continent of America, by Cabot, yet the 1606. sociation English had as yet made noeffectual settlement in any A new as- part of this new world. From the coast of Labrador formed in England, to the Cape of Florida, not a single European family to colonise was to be found, except the small settlement of Spa- America. niards at St. Augustine, and a few French at Port Royal, in Acadie. The period, however, of Eng- lish colonisation was at length arrived. Through the unremitting endeavours of the rev. Mr. Richard Hackluyt, before mentioned,* or, as some will have it, through the zeal and exertions of captain Bartho- lomew Gosnold,t who had made the successful voyage of experiment in the year 1602, before spoken of, an association was formed in England in the year 1606, consisting both of men of rank and men of business, who had resolved to repeat the at-
· Robertson's Hist. of America, Vol. 4, p. 176, 177.
t Oldmixon's British Empire in America, Vol. 1, p. 220. Burk's Hist. of Virginia, Vol. 1, p. 75.
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v
SECT. VI. tempt to colonise some part of North America. The former grant made to Sir Walter Raleigh being now 1606. void by his conviction and attainder for high trea- - son, for which he now lay imprisoned in the tower, it was supposed that a clearer way was thereby opened to any subsequent royal grant for the same purpose. This association of respectable merchants and gentlemen, therefore, now petitioned the king for the sanction of his authority, to warrant the ex- ecution of their plans. It was not a subject with which James was altogether unacquainted : he had before this, turned his attention to consider the ad- vantages which might be derived from colonies, at a time when he patronised his scheme for planting them in some of the ruder provinces of his ancient. kingdom of Scotland, with a view of introducing there, industry and civilization .* He was now no less fond of directing the active genius of his Eng- lish subjects, towards occupations not repugnant to his own pacific maxims, and listened with a favour- able ear to their application.
The let- ters pa- tent con- monly called the He accordingly, by letters patent bearing date the tenth day of April, in the fourth year of his reign, (A. D. 1606,) at the desire and request of the ap- first char- plicants, divided that portion of North America ter of Vir- ginia. which stretches from the thirty-fourth to the forty- fifth degree of north latitude, into two districts nearly equal, and the members of the association "into two several colonies and companies ; the onc consisting of certain knights, gentlemen, merchants,
* Robertson's Hist. of America, Vol. 4, p. 178. Also see note (G) at the end of this volume.
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HISTORY OF MARYLAND.
and other adventurers of our city of London, and SECT. elsewhere, which are, and from time to time shall VI. be, joined unto them, which do desire to begin 1606. their plantation and habitation in some fit and con- venient place, between four-and-thirty and one -and- forty degrees of the said latitude, alongst the coasts of Virginia, and the coasts of America aforesaid : and the other consisting of sundry knights, gentle- men, merchants, and other adventurers of our cities of Bristol and Exeter, and of our town of Plimouth, and of other places which do join themselves unto that colony, which do desire to begin their planta- tion and habitation, in some fit and convenient place between eight-and-thirty degrees and five-and-forty degrees of the said latitude, all alongst the said · coasts of Virginia and America, as that coast lyeth."*
· Robertson, in his History of Virginia, (see his Hist. of America, Vol. 4, p. 178,) seems to make the above division of the continent of America, an act of the king himself, as- signing the reason of that division to have been, that " a grant of the whole of such a vast region to any one body of men, however respectable, appeared to the king an act of impolitic and profuse liberality. In his History of New England (same Vol. p. 255,) he seems to assign a different reason : " this ar- rangement (meaning the division above-mentioned) seems to have been formed upon the idea of some speculative refiner, who aimed at diffusing the spirit of industry by fixing the seat of one branch of the trade that was now to be opened, on the east coast of the island, (Great Britain,) and the other on the west." But whoever will attentively read the letters patent, will see that this division was made at the special instance and request of the association. It is probable, indeed, that the vast extent of the country to be colonised might have suggested to the associators a reason for requesting it to be divided into two
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1606.
And granted, " that Sir Thomas Gates, Sir George Somers, Richard Hackluyt, and Edward Maria Wingfield, adventurers of and for our city of London, and all such others, as are, or shall be joined unto them of that colony, shall be called the first colony ; and they shall, and may begin their said first plantation and habitation, at any place upon the said coast of Virginia or America, where they shall think fit and convenient, between the said four- and-thirty and one-and-forty degrees of the said la- titude ; and that they shall have all the lands, &c. from the said first seat of their plantation and habi- tation by the space of fifty miles of English statutes measure, all along the said coast of Virginia and America, towards the west and southwest, as the coast lyeth, with all the islands within one hundred miles directly over against the same sea-coast ; and also all the lands, &c. from the said place of their first plantation, &c. for the space of fifty like Eng- lish miles, all alongst the said coasts, &c. towards the east and northeast, or towards the north, as the coast lyeth, together with all the islands, &c. and also all the lands, &c. from the same fifty miles every way on the sea-coast, directly into the main land, by the space of one hundred like English miles."
And likewise granted, " that Thomas Hanham
colonies. See Hubbard M. S. N. Eng. 29, cited in Holmes's Annals, Vol. I, p. 152, note !. To which may be added also. the probability, that as many of the associators resided in De- vonshire, at Exeter, and Plymouth, the convenience of a se- parate arrangement into two trading companies, might have been a further reason for the division. See Oldmixon's Bri- tish Empire in America, Vol. 1, p. 26.
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SECT. VI.
1606.
HISTORY OF MARYLAND.
and Raleigh Gilbert,* William Parker and George' Popham, and all others of the town of Plimouth, in the county of Devon, or elsewhere, which are, or shall be joined unto them of that colony, shall be" called the second colony ; and that they shall and may begin their plantation, &c. at any place between eight-and-thirty and five-and-forty -degrees of the same latitude, &c." (with the like limitations as be- fore to the first colony.)
" Provided always, that the plantation and habita- tion of such of the said colonies, as shall last plant' themselves, as aforesaid, shall not be made within one hundred like English miles of the other of them, that first began to make their plantation, as afore- said."
" And we do also ordain, establish, and agree, that each of the said colonies shall have a council,' which shall govern and order all matters and causes which shall arise within the same several colonies, according to such laws, ordinances, and instruc- tions, as shall be, in that behalf, given and signed. with our hand or sign manual, and pass under the privy seal of our realm of England : each of which councils shall consist of thirteen persons, to be or- dained, made, and removed, from time to time, ac- cording as shall be directed and comprised in the same instructions."
" And that also there shall be a council establish- ed here in England, which shall, in like manner, consist of thirteen persons, to be, for that purpose,
* Son of the famous navigator before-mentioned, Sir Hum -: phrey Gilbert. Mod. Univ. Hist. Vol. 39, p. 270.
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SECT. VI. appointed by us, our heirs, and successors, which shall be called our council of Virginia ; which shall, 1606. ' from time to time, have the superior direction of all matters concerning the government of the said colo- nies."*
He moreover granted license to the several coun- cils of the said colonies, to cause search to be made for mines of gold, silver, and copper, yielding to him the fifth part of the gold and silver, t and the fifteenth of the copper, that should be got there- from ; and to cause money to be coined.
He likewise authorised each of the aforesaid com- panies, to take to the said plantations and colonies, as many of his subjects as would willingly accom- pany them. Provided that none of the said persons should be such, as should thereafter be specially re- strained by him, his heirs, or successors.
He moreover granted license to the said colonies, for their several defences, to encounter, expulse, re-
* The reader cannot but observe here, a considerable simi- litude, if there was not an intended imitation, of the Spanish mode of governing their colonies, adopted shortly after their conquests of Mexico and Peru, carly in the sixteenth century, about the year 1511. Their colonies in America were divid- ed into two viceroy-ships, north and south, of which Mexico and Peru were the principal provinces. Over these, the royal council of the Indies, (permanently held in the mother coun- try, in the place where the monarch resides, and in which council he is supposed to be always present), has the supreme government of all the Spanish dominions in America. Sce Robertson's Hist. of America, (book 8,) Vol. 4, p. 19.
t This was the proportion reserved by the king of Spain, from the Spanish mines of gold and silver in America. Har- ris's Voyages, Vol. 2, p. 164. Robertson's Ilist. of America, Vol. 4, p. 366, hote 34.
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HISTORY OF MARYLAND.
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pel, and resist all such persons, as, without their SECT. VI .. 1606.
special license, should attempt either to inhabit within their several precincts, or annoy them.
He authorised also, each of the said colonies, to take all persons, with their vessels and goods, who should be found trafficking in any harbour, creek, or place within their respective limits, not being of the same colony, until they should agree to pay into the hands of the treasurer of that colony, within whose precincts they should so traffick; if the king's subjects, two and a half per cent. upon the wares and merchandises so trafficked ; if strangers, five per cent. : which sums of money, for one-and-twenty years next ensuing the date of the letters patent, should be appropriated to the use of the plantation, where such traffick should be made ; at the end of which period, to be to the use of the king.
Also, that the said colonies might import out of · any of the king's dominions into their respective plantations, all goods whatever, without paying any duty thereon, for the space of seven years next en- suing the date of the said letters patent.
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He also declared, that all persons who should dwell and inhabit within either of the said colonies, and their children born therein, should have and en-
* Robertson (in his Hist. of America, book 9, Vol. 1, p. 181,) has construed this clause as giving to these colonies, " the unlimited permission of trade with foreigners," and mentions it as one of the articles in it " unfavourable to the. interest of the parent state, as it deprived the parent state of that exclusive commerce, which has been deemed the chief advantage resulting from the establishment of colonies." It demonstrates, however, that James was, at this time, sincere . · in his encouragement of these colonies,
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SECT. VI. joy all liberties, franchises, and immunities, as if they had been abiding, or born within the realm of 1606. England.
And finally, that all lands in each of the said co- lonies should be held of the king, his heirs and suc- cessors, as of his manor of East-Greenwich, in the county of Kent, in free and common soccage only, and not in capite .*
The most remarkable clauses in these letters pa- tent, are those which prescribe the mode of govern- ment for these colonies, to wit : that the councils in each colony should govern according to such laws, ordinances, and instructions, as should be given and 'signed by the king; and that he should have the power of appointment and removal of all such per- sons as should compose the two councils in the co- lonies, as well as those at home forming the council of Virginia. It must be acknowledged, that these clauses do not explicitly invest the king with the power of making the laws, ordinances, and instruc- tions, since the latter of them particularly provides that the council of Virginia should have the superior management and direction of all matters that shall, or may concern the government of the said colonies; which seems to imply, that the council of Virginie at home, should have the power of making such laws, ordinances, and instructions, to be approved of and signed by the king. This construction seems to be warranted by what is called the second charter of Virginia, (in 1609,) wherein it is expressly so
* See the letters patent at large in Hazard's Collections, Vol. 1, p. 50.
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SECT. VI.
provided. But the power of appointment and re- moval, as before-mentioned, certainly vested a great preponderating influence with the king; and he 1608. might, without doubt, propound to the council at home, what laws, ordinances, and instructions he pleased, or might reject any proposed by them. These clauses, indeed, are not to- be reconciled to the present ideas of political liberty entertained in either America or England. The principles of an elective and representative government, were deve- loped by the English revolutionists, in 1690, with such wisdom and moderation, and have been che- rished by their descendants in America with so much ardour, that there are few readers among us at this day, who would approve of a mode of go- vernment so repugnant to those principles. But it ought to be remembered, as the best historian of England has clearly demonstrated,* that the two first English princes of the house of Stuart, were not tyrants in their natural disposition. There is strong presumption, that James the first sincerely believed, that his prerogative was, by the English constitution, paramount to the laws; or, at least, that where parliament had made no provision, his proclamations, in virtue of his sovereign authority, were the substitutes of laws. And although his son Charles, instigated by the unprincipled Buck- ingham, manifested at the first of his reign, a strong inclination to render himself despotic, yet much al- lowance is to be made for him, on account of his education under his father, from whom he would naturally imbibe all that monarch's metaphysic no-
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