USA > Virginia > A history of Virginia : from its discovery and settlement by Europeans to the present time. Vol. I > Part 19
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(1651.) But this was not all. A powerful fleet, carrying, besides its proper crews, a large land force, was entrusted to the command of Sir George Ayscue, with directions to subdue the islands of the West Indies, and to reduce all refractory colo- nies to subjection. The orders of Parliament were stern and decided. Ayscue was to offer mild terms if the rebels would immediately submit; but should they resist, he was to open upon them all the ter- rors of war. He was even directed to inspire the
a Hume's Com., v. 296, 297, 313. ordinance of the English Parliament b Burk, ii. 81; Bancroft, i. 229; may be seen in Hazard, i. 635-638- Grahame's Colon. Hist., i. 100. The Gordon's America, i. 51.
297
PREPARATIONS TO RESIST.
1652.]
slaves of the colonists with thoughts of revenge against their masters, and to place in their hands proper weapons for domestic bloodshed.ª
(1652.) The renowned naval commander prompt- ly obeyed the commands of the Commonwealth. Sailing immediately to the West Indies, he re- duced Antigua and the Barbadoes to subjection, and then turned his eyes to Virginia. His active subaltern, Captain Dennis, entered the Chesapeake early in March, and sailed up to Jamestown with the firm belief that he should encounter no serious resistance. But he was destined to disappoint- ment. The brave cavalier who governed Virgi- nia, esteemed this a fit occasion for displaying his loyalty to his King and his hatred of the Common- wealth. His military force was small, but highly efficient ; Jamestown was armed and carefully guarded. All who could be depended upon for service were employed ; muskets were prepared, and cannon were remounted. An accident gave to Sir William Berkeley material aid. Several Dutch ships were now lying at Jamestown, and their commanders and crews knew well the fate they must expect in case the cause of the Com- monwealth should triumph. Their rich cargoes would fall a prey to the republicans, and their own persons would be detained as prisoners of war. They did not long hesitate to unite with the colo-
a Grahame's Colon. Hist., i. 99. nuity than success, to mitigate their See the original instructions in Ha- harshness, i. 240, and in note. See zard's S. Papers, i. 556-558. Mr. also Gordon's America, i. 52. Bancroft attempts, with more inge-
298
PREPARATIONS TO RESIST. [CHAP. V.
nists in their effort to repel the invaders.ª Their cargoes were unladen and carried on shore ; select crews were assigned to each ship, and they were moored in a line along the peninsula on which the town was built. Their guns were heavily charged, and their broadsides brought to bear upon every point from which an attack might be feared. Sir William Berkeley superintended all these disposi- tions, and placed his force in a manner which would have enabled him to offer a formidable re- sistance.
When the Parliamentary force discovered these warlike measures, they were brought to a stand. Dennis seems at once to have abandoned all thought of a violent attack, the issue of which must have been very uncertain. He resorted to negotiations.as a means of success much less pre- carious than an assault upon a line of Dutch bat- teries, backed by a strong force of the bravest spirits in Virginia.b What might have been the
a Burk, ii. 82; Beverley, 52; Gra- thoughts of resistance were laid hame's Colon. Hist., i. 99; Keith, 147; Marshall's Am. Colon., i. 67. Substantial as these Dutch ships certainly were, Mr. Bancroft 'seems not to have found them. Even Old- mixon had vision keen enough to see them, i. 375.
b Mr. Bancroft has seen all the events of. this period, through the thick vapour of his own preposses- sions. He says, "No sooner had the Guinea frigate anchored in the waters of the Chesapeake, than all
aside." He represents Virginia as having willingly yielded to the rule of the Commonwealth, and attributes to her a show of resistance, result- ing rather from the obstinacy of her character than from her loyalty-to the King. He relies, with much complacency, upon Clarendon, who belonged to a class of historians, proverbially ignorant of, and indiffe- rent to colonial affairs; and cites two other authorities, to wit: Strong's Babylon's Fall, of which the name
299
PREPARATIONS TO RESIST.
1652.]
result of his offers, had no private interest inter- vened, we cannot say. The Governor, the Coun- cil, the General Assembly, and a large majority of the people, were loyalists of the straitest sect; and the Dutchmen would have fought by the side of their allies with that phlegmatic resolution which has ever distinguished them. But the re- publicans found means of throwing'an apple of discord among their enemies, and of distracting their counsels by an appeal to the selfishness of the human heart.
Aboard the English fleet there was at this time a large quantity of goods belonging to two mem- bers of the Provincial Council. After some mes- sages had passed between the adverse parties, and terms of accommodation had been offered by the republicans, Captain Dennis, of the fleet, found means to convey to these two councillors, intelli- gence concerning their goods, wares, and mer- chandise, aboard his ships; and he delicately hinted to them that the fate of their property de- pended upon their own conduct in the pending
seems enough to convict it of the in Hening. See Review of Bancroft's worst errors of Puritanism, and Lang- U. S., in Southern Lit. Mess., i. 587- ford's Refutation. Concerning both 591; Hawks's Eccles. Hist. Va., note A., 283-286. of these, I do confess myself to be ignorant; but it does not seem rea- sonable that Mr. Bancroft should prefer them to the united testimony of Marshall, Robertson, Beverley, Keith, Burk, Grahame, and even of the articles of submission themselves
a Let any one who doubts the at- tachment of the Assembly to the King, read the stern enactments, in Hening, i. 359-361, Sess. 1649-50. They might have been penned by a firm believer in the " jus divinum."
300
HONOURABLE SURRENDER. [CHAP. V.
discussion.ª This skilful touch upon a very sensi- tive nerve, was not without its effect. In the Council, two at least would be strenuous advocates of pacific measures, and there were doubtless others equally willing to submit. Yet we need not attribute so unworthy an origin to the final de- cision of the Governor and the General Assembly. All must have seen, that whatever temporary suc- cess might attend their arms, they must at length be crushed in a conflict with the mighty Com- monwealth, whose name was already formidable throughout Christendom. While they could ob- tain favourable terms, it was wise to submit, and nothing can more fully vindicate both the honour and the prudence of their conduct, than a view of the articles of surrender, to which the Virginia colony finally assented.
By this treaty, it was agreed that the colony should be and remain in obedience and subjection to the Commonwealth; but this should be con- sidered a voluntary thing, and not imposed upon them by force of arms; and in proof of this, they were to enjoy all the " privileges and freedomes" of the most favoured subjects of English govern- ment. The General Assembly was to convene and enact laws as before, with the sole restriction
a Beverley, 52; Keith, 147; Camp- bell's Va., Appen., 255; Burk's Hist. Va., ii. 84.
b The articles are given in full in Hening, i. 363-368; in Burk, ii. 85- 91; in Hazard, i. 560-564. See also
Bancroft, i. 240, 241; Grahame, i. 100; Campbell's Va., 64, 255; Mar. shall, 67-69 ; Robertson, 421; Jef. ferson's Notes, 116-120; Gordon's America, 52.
301
HONOURABLE SURRENDER.
1652.]
that their statutes were to be consistent with the government and laws of the mother country. A total remission and indemnity for " acts, words, or writings" against the Parliament was provided. The existing boundaries of Virginia were guaran- tied, former patents were confirmed,-even free trade was fully granted to the colonists "to all places and with all nations."a, No taxes, customs, or imposts, were to be levied upon them, except by consent of the Assembly ; they were to be at no charge in respect of the fleet to which they surren- dered; and should any of the inhabitants not choose to submit to the Commonwealth, they were allowed one year to remove themselves and their estates out of Virginia. Public arms and ammu- nition were to be given up; but not until security was provided that satisfaction in some equivalent should be made for them. Dutch goods already landed were to be free from forfeiture, and the quit- rents granted by King Charles upon the public domain were to be continued. It was even agreed that the use of the Book of Common Prayer should be continued for one year in those parishes which desired it, provided only that the parts recognising the King and the royal government should not be publicly used.b When we remember the uncom- promising dislike felt by the republicans in gene- ral to every thing connected with the Church of England, we may pronounce this last-named con-
a. Art. 7, Hening, i. 364. This
b 11 Art., Hening, i. 364; Jef- clause is remarkable, after the ordi- ferson's Notes, 118. nance of 1650.
302
TERMS GRANTED TO BERKELEY. [CHAP. V.
cession the most liberal granted to the royalist colony.
But the articles did not rest here. The gene- rous men who represented the people of Virginia, wished to provide for the safety of a governor to whom they were warmly attached, and whose well- known love for the King might have brought upon his head the displeasure of the Commonwealth. Separate articles were agreed upon for the special benefit of Sir William Berkeley. . Neither was he nor were his council to be required for " one whole yeare," to take any oath of allegiance to the repub- lic, nor were they to be censured for speaking well of the King. He was permitted, at his own charge, to send a messenger with a report of his proceed- ings to the sovereign whom he still recognised.
His lands, his personal property, his debts, were all secured to him, and he was allowed one year to provide a ship and transport himself and his effects to any part of the world he might choose. Should he land in England, he was even allowed six months "to follow his occasions" after his arrival.ª
These articles, public and private, are followed by a general grant of indemnity to all the inhabi- tants of the colony, for all acts, words, and writings, by them at any time committed against the Parlia- ment. The whole treaty is signed and sealed on the 12th day of March, 1651-52, by Richard
a Hening, i. 365-367; Burk, ii. 85-88.
303
INDEPENDENCE.
1652.]
Bennett, William Claiborne, and Edmund Curtis, in behalf of the Commonwealth of England."
Never, we may say, did a conquered province obtain terms of settlement so favourable to her pri- vileges, her liberties, her honour, as did Virginia in this memorable treaty. Whether her courage- ous spirit, her internal resources, or her distance from England, operated to secure her from the grasp of the conqueror, we do not know. It is cer- tain that Oliver Cromwell was not one to be daunt- ed by resistance, or to be easily reconciled to a steady adherence to the family whom he had driven from the English throne. But it may be that he was too wise to be harsh. That sagacious intellect which, during eight years, rendered his Protectorate the most glorious period that his coun- try had ever known, failed not to suggest to him the true policy of the mother towards her colonial offspring. Endeavouring, by moderate enact- ments, to secure to England the benefit of the commerce of the colonies, he left them, in other respects, to the guidance of their own assemblies. In religion he interfered but little. In the northern settlements, changes were not necessary, for their people were already among the firmest and most
a Mr. Bancroft refers this treaty however, to be mentioned, that Mar- of surrender to the year 1652, i. 240, shall, 67, Robertson, 421, Burk, 85- properly, I think; for Hening re- cites it as an act of March, 1651- 52, which, according to the known mode of computing time at that
89, Campbell, 254, Jefferson's Notes, 116, Keith, 147, Beverley, 52, Gra- hame, i. 99, Hume's Hist. Eng. v. 291., chap. Ix., all bear testimony in period, would be in 1652. It ought, favour of 1651.
304
INDEPENDENCE.
[CHAP. V.
untainted of Puritans; and we have seen that in Virginia, the ritual of the Church of England was but slightly modified.
The happy effects of this policy have not been concealed. Though the period from her surrender to the Commonwealth until the restoration of Charles II. be too quiet to be brilliant, yet the colony then enjoyed every thing essential to her welfare in pro- fusion hitherto unknown. Her General Assemblies were freely elected by the people, and exercised every power of government, whether legislative, executive, or judicial.ª So little jealous did they seem of the authority of the Commonwealth, that at their meeting in April after the surrender, they elected to the office of governor Richard Bennett, b a well-known republican, and one of the commis- sioners of the English Parliament. In detailing the events of this period, we are liable to the errors into which several historians have been betrayed, either by their partiality to a favourite theory, or their hatred of Cromwell and all his measures. One has represented Virginia as ruled by governors ap- pointed either by the Commonwealth or the Pro- tector - as groaning under oppression and re- straint, imposed by this wondrous despot-as filled with gallant cavaliers and gentlemen, who had fled to her soil to excite pity for their king and rebel- lion against the ruling powers; but these state-
a Mr. Hening, i. 526, 529, in note, ably sums up the arguments in fa- 371; Bancroft, i. 241. vour of this view. Bancroft, i. 241, 242.
b Burk, ii. 94; Hening's Stat., i.
" Dr. Robertson, in Am., i. 421. The antidote may be read in He-
305
INDIAN WAR.
1653.]
ments are wholly false and unfounded. Neither the Parliament nor Cromwell ever appointed a go- vernor for the colony. This officer was invariably elected by the Assembly ; and it is remarkable that in one case, at least, this body exercised the power of removing a governor previously elected.ª The ordinance of 1650 was in effect repealed by the articles agreed upon in 1652; and we find few com- plaints made by the colonists concerning commer- cial tyranny exercised by the Protector. (1653, July 12.) We have on record a single instance of a ship and her equipage being declared forfeited under the navigation laws; but the bill of sale con- veying her to the purchaser, is signed not only by the Governor, but by the Speaker and Clerk of the House of Burgesses, from which we infer that her captain or owners had been guilty of some plain violation of public policy, and the sentence of forfeiture was considered righteous and salu- tary.b
The Rappahannocindians had always been dis- tinguished for their bravery and their inveterate hatred of the whites. Finding them still unsub- dued and dangerous, the Assembly passed an act providing for hostilities, and directing the counties
ning, i. 526, in note; and Bancroft, then re-elected Matthews governor. i. 241, 242; even in Burk, ii. 115. Bancroft, i. 244. a Hening, i. 502. To exhibit clearly their rights, the Assembly declared all former elections of Go- vernor and Council to be null and void; thereby, of course, virtually removing all these officers. They
b This ship was the Leopoldus, of Dunkirk. The act of Assembly, and accompanying bill of sale to Lieut. Col. Walter Chiles, may be seen in Hening, i. 382, 383 ; Burk, ii. 97, 98.
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306
INDIAN WAR.
[CHAP. V.
of Northumberland, Lancaster, and Westmoreland, to raise an armed force and march against the common foe. We have no authentic account of the conflict, but we have a fact pregnant with proof that the savages met their usual fate and were en- tirely overthrown. . The next year we find in the public records the county of Rappahannocadded to those that were already enrolled.ª The natives had been subdued. Many of them doubtless pe- rished in the contest. Many retired with sullen resolution to the west, and the few that remained could offer no serious resistance to the progress of civilized life.
(1655.) Notwithstanding their continued enmity, we find the General Assembly of each year grow- ing more humane and compassionate in their treat- ment of the unhappy Indians. Could these wild beings have submitted to the healthful restraints of civil government, they might have been happy and respected. Laws were enacted for their special benefit. Rewards were offered to encourage them in assuming even the forms of civilization. For eight wolves' heads brought in by the Indians, their chief man was to receive a cow. They were urged to acquire private property, and provision was made for educating their children if they would entrust them to the whites.' No one can read the recitals and acts of this Assembly, without being impressed with the conviction, that they sincerely desired to render the most important service to
a Hening's Stat. at Large, i. 389, b Hening, i. 393, 396; Burk's Va., ii. 103, in note. : -
427; Burk, ii. 102.
307
TOTOPOTOMOI.
1656.]
their savage neighbours. But it was all in vain. The red man preferred his life of independence and indolence, with all its miseries, to the healthful labour and real comforts of civilized society.
The eastern counties of Virginia were now in great measure relieved from fear of Indian aggres- sion. But in the midst of their tranquillity, a re- port reached the Assembly that six or seven hun- dred savages from the mountains had poured down in a body upon the upper waters of the James, and threatened to establish themselves in strongholds near the falls. To permit this lodgment would have been highly imprudent and dangerous. These savages were known as the Rechahecrians; and they were eminent in valour, in subtilty, in deter- mined hatred of the settlers. From their lurking- places around the falls, they might, by a sudden sally, sweep with ruin all the neighbouring settle- ments. The Assembly instantly resolved to dis- lodge them. Colonel Edward Hill was sent with a force of one hundred men, and the friendly tribes on the York and Pamunky Rivers were called upon to aid him. It is believed that the mountain horde made a desperate resistance; many of the Pa- munky tribe were slain, and among them fell their gallant chief Totopotomoi, who had long been re- markable for his friendly intercourse with the co- lonists.a. (1656.) It seems probable that some un- happy management occasioned a serious disaster to the whites, and that the Rechahecrians were
a Burk, ii. 107. The act calling on the Indians for the aid they had pro- mised, may be found in Hening, i. 403.
308
EDWARD DIGGES.
[CHAP. V.
not at this time totally overthrown; for Colonel Edward Hill was afterwards cashiered and threat- ened with fine for his conduct in the affair;ª and these Indians were probably among those who acted a part in the memorable wars of Nathaniel Bacon.
In 1656, Bennett was succeeded in the office of governor by Edward Digges, who had long been a valued member of the Council. Those who have asserted that the rule of Cromwell in Virginia was harsh and oppressive,' would find their theory not easily reconciled with known facts during this pe- riod. The very men whom the Assembly chose as their governors, were also employed to represent the interests of the colony with the Protector in England. Had they been the creatures of Crom- well, and employed by him in enforcing hated laws, they would hardly have been elected by the colonial Assembly to sustain their rights in a con- test with Maryland.e Whatever may have been the designsd of the extraordinary man who now grasped the helm of English affairs, it is certain that he carried into execution no plan which af-
a Hening, i. 423, 424; Burk, ii. enforced, by the Protector, 148, 149. 106, 107.
Both of these writers assert that Oli- ver appointed and changed the go- vernors Bennett, Digges, and Mat- thews, which is false.
b Beverley greatly distinguishes himself by charges against Crom- well, of which the malice can only be neutralized by their stupidity, 52, " Burk's Va., ii. 112, 113. 53. Keith is not quite so censorious, d There is reason to believe he had designs with regard to Virginia which were never carried into effect. but he adopts even a greater error, in attempting to defend the policy of the navigation laws, under the belief Grahame's Colon. Hist., i. 104, 105, that they were invented, or at least in note.
309
SAMUEL MATTHEWS.
1658.]
fected the colonies unfavourably. Their repre- sentative government remained in full force, elect- ed and removed officers at its pleasure, passed laws of the utmost importance, extended the right of suffrage to every freeman who paid taxes,a de- clared war and peace, inflicted fines, announced its own privileges with a spirit worthy of the days of John Hampden, and in all things proved itself equal to the task of governing a prosperous and growing people. In 1658, Samuel Matthews was elected governor. He was " a worthy old gentle- man, a planter of near forty years standing,"b and had already been entrusted with important duties by the Assembly. But though a lover of liberty himself, and devoted to the true interests of the colony, the venerable governor had evidently too exalted an opinion of his own privileges. This session of the Assembly was eminent for the ability of the members, the importance of their acts, and the noble principles of freedom to which they gave expression. After passing many laws for the ge-
a Hening, i. 403; Burk, ii. 107, by American visions of the nine- 111, with due discussion.
b Bancroft, i. 243, quoting from , ii. Mass. Hist., Collec. ix. 119.
Mr. Burk had no MS. records of the periods from 1656 to 1660, ii. 118, but in subsequent years rich materials have been found, of which Mr. Hening has availed himself. I have thought it not amiss to give here the names of men composing an assembly which asserted princi- ples of liberty, not exceeded even
teenth century. See Hening, i. 429, 431.
. MEMBERS. Henrico. Major William Harris. James City.
Mr. Henry Soane,
Major Richard Webster,
Mr. Thomas Loveinge,
Mr. William Corker.
Surry.
Lieut. Col. Thomas Swarm,
-
310
DISPUTE WITH THE ASSEMBLY. [CHAP. V.
neral welfare of the colony, they declared that it was the right of the House of Burgesses to discuss, first and alone, any measure proposed for enact- ment. This change rendered their power of legis- lation absolute, for it took away from the Governor and Council all authority to introduce bills, or to act effectively upon them when introduced.ª
The worthy chief magistrate took fire at this act, and in the first impetus of his wrath, adopted the kingly measure of declaring the Assembly to be dissolved. But he found his proclamation to be of small force against the calm republicanism that pervaded this body. They instantly sent him a
Mr. William Edwards,
Major William Butler,
Capt. William Cawfeild. New Kent.
Col. John Sidney,
William Blacky. Gloster.
Major Lemuell Masonn. Elizabeth City.
Lieut. Col. Anth. Elliott,
Capt. Thomas Ramsey. Rappahannoc
Mr. Thomas Lucar. Lancaster.
John Smith, Speaker,
Thomas Davis. Yorke.
Col. John Carter,
Mr. Peter Montague. Isle of Wight.
Mr. Robert Borne. Northumberland.
Major John Bond,
Mr. Thomas Tabenor,
Mr. John Brewer,
Mr. Joseph Bridger. Charles City.
Mr. William Kendall,
Mr. William Horsmenden,
Mr. William Mellinge,
Capt. Robert Wynne. Upper Norfolke.
Mr. Randall Revell,
Left. Col. Edward Carter,
Mr. John Willcox.
a Hening, i. 499, Bancroft, i. 243.
Mr. Thomas Francis,
Mr. Giles Webb.
Lower Norfolke.
Major William, Mr. John Powell. Warwick.
Mr. Jeremy Hain,
Mr. Peter Knight, Mr. John Haney. Northampton.
Capt. William Michell,
-
1658.]
TRIUMPH OF THE ASSEMBLY.
311
message, denying the power of the Governor and Council to dissolve them, and then having forbidden any member to depart, they went into secret ses- sion. The Governor became alarmed, and finally withdrew his message for dissolving them, but re- served the question of right to be decided by the Protector. But this did not satisfy the Burgesses. By way of showing what their power really was, they pronounced all former elections of governor . and council void and null, and having thus reduced these high functionaries to private life, they conde- scended to invest old Samuel Matthews with his office for a renewed term of years.ª The dispute was ended in a moment. We hear of no more dissolving of Assemblies. The representatives of the people had signally triumphed; and we may now say that every power that government could exercise was wielded by their hands.
Tranquillity and content universally prevailed. When Oliver Cromwell descended to his grave, no outburst of popular joy, no attempt to cast off a hated yoke, can be discerned. The amiable but in- consistent son of the Protector, was proposed and deliberately recognised by the Assembly, as invested with all the rights of his father,b and had Richard Cromwell possessed the talents of a sovereign, England and Virginia would long have remained under his rule. But his mild spirit shrank from the perils of a station, perhaps the most dangerous
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