The history of Maryland : from its first settlement, in 1633, to the restoration, in 1660 ; with a copious introduction, and notes and illustrations, Part 10

Author: Bozman, John Leeds, 1757-1823
Publication date: 1837
Publisher: Baltimore : J. Lucas & E.K. Deaver
Number of Pages: 1062

USA > Maryland > The history of Maryland : from its first settlement, in 1633, to the restoration, in 1660 ; with a copious introduction, and notes and illustrations > Part 10

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* Mod. Univ. Hist. vol. 24, p. 406.

1603. The Sieur de Mont's commis- sion, and voyages under it.

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De Monts, in person, took the command of two of them, and SECT. V. was attended by Champlain, and a gentleman called Pontrincourt, 1604. with a number of volunteer adventurers .* Another of the ships was destined to carry on the fur trade at Tadoussac; and the fourth was given to Pontgravé, who was ordered, after touching at Canso, (the eastern extremity of Nova Scotia) 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, arrived at Cap de la Hêve, in Nova Scotia. In a harbour very near this cape, to the south-west, he met with an interloping vessel, commanded by one Rossignol, a Frenchman, who was trading there with the Indians without license; for which rea- son he seized his ship and cargo, and called the harbour Port Rossignol. Coasting thence further to the south-west, he ar- rived 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 to 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 north-west of the peninsula, to which they gave the name of La Baye Francois, but which is now called the bay of Fundy. On the south-eastern side of this bay they discovered a narrow strait, into which they entered, and soon found themselves in a spacious bason, environed with hills, and bordered with fertile meadows. Pontrincourt was so delighted with this place, that he determined to make it his re-

* Some were Protestants and some Catholics. De Monts himself was a Cal- vinist ; 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 Charle- voix, wherein it is said, that De Monts engaged on his part, to establish the Catholic religion among the natives. But the original letters patent, as in Ha- zard's Collections, above cited, do not warrant this assertion ; and it is not pro- bable, 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 con- verted, "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 authorizes De Monts, " les (peuples) appeler, faire instruire, provoquer et emouvoir á la connoissance de Dieu et á la lumiere de la foi et religion chretienne." It is not impossible, but that Charlevoix, being of the order of Jesuits, might very dex- terously suppose, that the Christian religion could mean nothing else than the Catholic religion, and so set it down.

INTRODUCTION TO A

SECT. V. sidence, and proposed to send for his family, and settle there.

1604. Upon which De Monts, in virtue of his commission, made him a grant of it; and Pontrincourt gave it the name 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 An- napolis Royal. From Port Royal or Annapolis, De Monts sail- ed 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 ex- amining the Bay of Fundy, pursuant to the instructions of De Monts, came to a large river on the north-west 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 another river, in ex- ploring 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 insular 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, with- out wood for firing, and without fresh provisions. These in- conveniences soon filled the little colony with diseases, particu- larly the scurvy. By the ensuing spring thirty-six of the colo- nists had died, and forty of them only were left alive. These considerations determined 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

* The river in which L'isle de St. Croix lies, is called the Scoodich, which was the original name given it by the natives, 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 Magagu- adavick. It has, however, been satisfactorily determined, by commissioners ap- pointed for that purpose, that the Scoodich is the river, originally named St. Croix, and the line has been settled accordingly. Professor Webber, who accom-

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HISTORY OF MARYLAND.

were erected at the mouth of the river L'Equille, which empties SECT. V. itself into the basin of Port Royal, and here the people and 1605. 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, Kennebec, Casco, Saco, and ultimately to Male- barre, which was at that time the French name of Cape Cod. He explored divers of these rivers, bays, and harbours; particu- larly the Kennebec, up which he went a considerable distance. But the natives appearing numerous and unfriendly, and his com- pany being small, he returned to St. Croix, and then to Port Royal, where he found Pontgravé, in a ship from France, with supplies, and a reinforcement of forty men. Having put his af- fairs into good order, he embarked for France in September, 1605, leaving 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, that endeavours revoked. had been made to prepossess the French court against his views. The masters of the fishing vessels, who frequented the coast of of Acadie 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 pretence of preventing the fur trade with the natives, to which by his patent he had an exclu- sive right, kept them from the necessaries fit for fishing, and that they were upon the point of abandoning the fisheries. They suc- ceeded so far that De Monts's patent was revoked. This did not, however, entirely discourage him. He entered into new engagements 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 colony which had been left at Port Royal under the care of Pontgravé, was, by the time of deavours court's en- the arrival of Pontrincourt off Cape Canso, reduced to such dif- to fix a set- tlement at ficulties that Pontgrave was obliged to re-embark all the inhabi- Port Royal Nova Sco- tants but two, whom he left to take care of the effects he could tia.

panied 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 conside- rable 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 fortification. Holmes's Annals, vol. I, p. 149.

VOL. I .- 12

His patent

INTRODUCTION, &c.

SECT. V. not carry off. However, before he got out of the Bay of Fundy 1606. he heard of Pontrincourt's arrival at Canso, upon which he re- turned 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 Pontrincourt, and partly through curiosity, had accompanied him in this voyage. It would seem also, that about this time Pontgravé, said to be the ablest man by far of any con- cerned in these projected settlements, resigned his command.

1607. In the next year, 1607, Pontrincourt returned to France, and The Sieur de Monts obtains a restoration of his grant. the king, induced probably by his favourable representations of the country, either confirmed or regranted to the Sieur De Monts his former exclusive privilege for the fur trade with the natives, for the purpose, as it is said, of enabling him to establish his co- lonies in New France. De Monts, accordingly sent over, in the year 1608, three ships with families, to commence a permanent settlement. Champlain, who took the charge of conducting this colony, after examining all the most eligible places for settlement in Acadié, and the river St. Lawrence, selected a spot at the con- fluence of this river and the St. Charles, another small river emp- tying into the former, about three hundred and twenty miles up the river St. Lawrence, from the sea. Here, on the third of July, 1608. 1608, he began to erect barracks for lodgings for his people, and to clear the ground, which he sowed with wheat and rye, and on this spot laid the foundation of Quebec, the present capital of Canada .* The succeeding events relative to Acadié and Canada, appertain to the histories of those countries. It is now our bu- Champlain siness to return to the last successful attempts of the English at colonization.

And estab- lishes the first per- manent co- lony in Canada, under

* Mod. Univ. Hist. vol. 39, p. 408, 412. Holmes's Annals, vol. 1, p. 148, 163.

SECTION VI.

A new association formed in England, to colonize America-The letters patent commonly called the first charter of Virginia-Proceedings of the Plymouth Company under this charter-The king's instructions relative to both the co- lonies or companies to be formed under this charter-Proceedings of the first or South Virginia Company-The first colony sent out to South Virginia un- der Newport, and a permanent settlement formed at James' town.

Although one hundred and eight years had now elapsed, SEC. VI. since the discovery of the northern part of the continent of Ame- 1606. rica, by Cabot, yet the English had as yet made no effectual set- A new as- tlement in any part of this new world. From the coast of La- brador to the Cape of Florida, not a single European family was England, sociation formed in to be found, except the small settlement of Spaniards at St. Au- to colonize America. gustine, and a few French at Port Royal, in Acadié. The pe- riod, however, of English colonization 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 Bartholomew 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 attempt to colonize some part of North America. The former grant made to Sir Walter Raleigh being now void by his conviction and attainder for high treason, 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 execution of their plans. It was not a subject with which James was altogether unacquainted : he had before this, turned his attention to consi- der the advantages which might be derived from colonies, at a time when he patronized his scheme for planting them in some of the ruder provinces of his ancient kingdom of Scotland, with

* 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 Vir- ginia, vol. 1, p. 75.

INTRODUCTION TO A

SEC. VI. a view of introducing there, industry and civilization .* He was

1606. now no less fond of directing the active genius of his English subjects, towards occupations not repugnant to his own pacific maxims, and listened with a favourable ear to their application.

The letters patent commonly called the first char- ter of Vir- ginia.

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 applicants, divided that portion of North America which stretches from the thirty-fourth to the for- ty-fifth degree of north latitude, into two districts nearly equal, and the members of the association "into two several colonies and companies ; the one consisting of certain knights, gentle- men, merchants, and other adventurers of our city of London, and elsewhere, which are, and from time to time shall be joined unto them, which desire to begin their plantation and habitation in some fit and convenient 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, gentlemen, 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 plantation and habi- tation, 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's Hist. of America, vol. 4, p. 178. Also see note (H) at the end of this volume.

+ 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, assigning 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 re- spectable, 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 rea- son : " this arrangement (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 colonized might have suggested to the associators a reason for requesting it to be divided into two co- lonies. See Hubbard M. S. N. Eng. 29, cited in Holmes's Annals, vol. 1, p 152, note 1. To which may be added also, the probability, that as many of the associators resided in Devonshire, at Exeter, and Plymouth, the convenience of a separate arrangement into two trading companies, might have been a further reason for the division. See Oldmixon's British Empire in America, vol. 1, p. 26.

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And granted, " that Sir Thomas Gates, Sir George Somers, SEC. VI. Richard Hackluyt, and Edward Maria Wingfield, adventurers of 1606. 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 colo- ny ; and they shall, and may begin their said first plantation and habitation, at any place upon the said coast of Virginia or Ameri- ca, where they shall think fit and convenient, between the said four-and-thirty and one-and-forty degrees of the said latitude ; and that they shall have all the lands, &c. from the said first seat of their plantation and habitation by the space of fifty miles of English statute 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 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 plan- tation, &c. at any place between eight-and-thirty and five-and- forty degrees of the same latitude, &c." (with the like limita- tions as before to the first colony. )

"Provided always, that the plantation and habitation 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 in- structions, as shall be, in that behalf, given and signed with our hand or sign manual, and pass under the privy seal of our realm

* Son of the famous navigator before mentioned, Sir Humphrey Gilbert. Mod. Univ. Hist. vol. 39, p. 270.

INTRODUCTION TO A

SEC. VI. of England: each of which councils shall consist of thirteen 1606. persons, to be ordained, made, and removed, from time to time, according as shall be directed and comprised in the same in- structions."

"And that also there shall be a council established here in England, which shall, in like manner, consist of thirteen per- sons, to be, for that purpose, appointed by us, our heirs, and successors, which shall be called our council of Virginia ; which shall, from time to time, have the superior direction of all mat- ters concerning the government of the said colonies."*

He moreover granted license to the several councils 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,} and the fifteenth of the copper, that should be got therefrom ; and to cause money to be coined.

He likewise authorized each of the aforesaid companies, to take to the said plantations and colonies, as many of his subjects as would willingly accompany 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, repel, and resist all such persons, as, without their special license, should attempt either to inhabit within their several precincts, or annoy them.

He authorized also, each of the said colonies, to take all per- sons, with their vessels and goods, who should be found traffick- ing 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 pre- cincts they should so traffick; if the king's subjects, two and a half per cent. upon the wares and merchandizes so trafficked ;

* The reader cannot but observe here, a considerable similitude, if there was not an intended imitation, of the Spanish mode of governing their colonies, adopted shortly after their conquest of Mexico and Peru, early in the sixteenth century, about the year 1511. Their colonies in America were divided 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 country, 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. See 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. Harris's Voyages, vol. 2, p. 164. Ro- bertson's Hist. of America, vol. 4, p. 366, note 34.

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if strangers, five per cent: which sums of money, for one-and- SEC. VI. twenty years next ensuing the date of the letters patent, should 1606. 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 ensuing the date of the said letters patent.

He also declared, that all persons who should dwell and in- habit within either of the said colonies, and their children born therein, should have and enjoy all liberties, franchises, and im- munities, as if they had been abiding, or born within the realm of England.

And finally, that all lands in each of the said colonies should be held of the king, his heirs and successors, 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 patent, are those which prescribe the mode of government 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 ap- pointment and removal of all such persons as should compose the two councils in the colonies, as well as those at home form- ing 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 instructions, 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 colony of Virginia at home, should have the power of making such laws, ordinances, and instruc- tions, to be approved of and signed by the king. This construc- tion seems to be warranted by what is called the second charter

* 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 in- terest of the parent state, as it deprived the parent state of that exclusive com- inerce, which has been deemed the chief advantage resulting from the establish- ment of colonies." It demonstrates, however, that James was, at this time, sin- cere in his encouragement of these colonies.

t See the letters pattent at large in Hazard's Collections, vol. 1, p. 50.

INTRODUCTION TO A

SEC. VI. of Virginia, (in 1609,) wherein it is expressly so provided. 1606. But the power of appointment and removal, as before mentioned, certainly vested a great preponderating influence with the king ; and he might, without doubt, propound to the council at home, what laws, ordinances, and instructions he pleased, or might re- ject 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 developed by the English revo- lutionists, in 1690, with such wisdom and moderation, and have been cherished 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 government 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 I. sin- cerely believed, that his prerogative was, by the English consti- tution, paramount to the laws ; or, at least, that where parlia- ment 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 Buckingham, manifested at the first of his reign, a strong inclination to render himself despotic, yet much allowance 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 notions of the jure divino power of kings.t It is certain that the arbitrary con- duct of their immediate predecessors of the Tudor line, particu- larly queen Elizabeth and Henry VIII. seemed too strongly to authorise them in these sentiments. Although James's English subjects began in his reign to hold the privileges of parliament and the power of the house of commons in higher estimation than formerly, yet the temper of the age was not then such as to view with much scrutiny or jealousy such small aberrations from the fundamental principles of a representative government as were to be found in an abstract clause of a charter as yet un- executed. It was therefore without hesitation or reluctance,

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The history of Maryland : from its first settlement, in 1633, to the restoration, in 1660 ; with a copious introduction, and notes and illustrations, Part 10

Author: Bozman, John Leeds, 1757-1823 Publication date: 1837 Publisher: Baltimore : J. Lucas & E.K. Deaver Number of Pages: 1062

Author: Bozman, John Leeds, 1757-1823
Publication date: 1837
Publisher: Baltimore : J. Lucas & E.K. Deaver
Number of Pages: 1062