USA > Virginia > Historical collections of Virginia : containing a collection of the most interesting facts, traditions, biographical sketches, anecdotes, &c. relating to its history and antiquities ; together with geographical and statistical descriptions ; to which is appended, an historical and descriptive sketch of the District of Columbia. > Part 9
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their happy constitution," which required them to "enact good and wholesome laws, and rectify and relieve such disorders and grievances as are incident to all states and re- publics ; but that their late consultations would redound greatly to the benefit of the colony and their posterity." In the conclusion of that list, they state, that the gracious inclination of his majesty, ever ready to protect them, and now more particularly assu- red to them, together with the concurrence of a happy Parliament in England, were the motives which induced them to take this opportunity to " establish their liberties and privileges, and settle their estates, often before assaulted and threatened, and lately inva. ded by the corporation ; and to prevent the future desigus of monopolizers, contractors, and pre-emptors, ever usurping the benefit of their labors; and they apprehended that no time could be misspent, or labor misplaced, in gaining a firm peace to themselves and posterity, and a future immunity and ease to themselves from taxes and hupositions, which they expected to be the fruits of their endeavors."
The Indians had been driven back, and weakened by a perpet- val succession of hostilities, from the time of the great massacre. until the year 1641. During the latter years of this period, we have little account of their proceedings, but the rapid increase of the settlements had driven them from the rich borders of the rivers in the lower country, higher into the interior, and the new grants were every day driving them still farther from the homes of their fathers. This incessant warfare, while it weakened them 1614. as a nation, had increased their cunning and skill in par- tisan warfare. Opechancanough, though now so old that he had to be carried in a litter, and so feeble that he could not raise his eyelids without assistance, still retained sufficient strength of mind to embody a combination of the various tribes under his control, and make a sudden and violent attack upon many of the frontier settlements at once. Little is known of the circumstances attending this second great massacre. An act of Assembly of 1645, making the eighteenth day of April a holiday and day of thanksgiving, for escape from the Indians, marks the period of the massacre. Other evidence makes the number of their victims three hundred .* The precautions which the whites had been taught to take by the previous massacre, in trading with them only at particular places, in always going armed, in never admitting them to the same familiarity, effectually prevented thein, with all their caution in approach, and violence of attack, from committing as great slaughter as they had upon the former occasion. The whites do not seem to have been stricken with a panic now as for. merly, but quickly sallied upon their assailants, and drove them back so rapidly that their venerable chieftain himself had to be deserted by his attendants, and was taken by Sir William Berke- ley, at the head of a squadron of light cavalry. He was carried to Jamestown, and manifested, in his imprisonment, the same haughty dignity which had always distinguished him. He pro- served a proud and disdainful silence, and such indifference to the passing scenes, that he rarely requested his eyelids to be raised. In this melancholy condition, he was basely shot in the back by his sentinel, with whom recollection of former injuries overenthe
* Bancroft, p. 224 .- Burke, v. II. p. 55, says-on authority of Beverley -- " five hip- dred."
*
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all respect for helpless age, or former greatness. The only subject which called forth any show of regret from him was a flash of an- gry indignation, at being exposed in his dying hours to the idle and curious gaze of his enemies.
So little regard was now paid to the Indian hostilities, that, on the following June, Sir William Berkeley sailed for England. and the council elected Richard Kemp to occupy his post until his re- turn. In the mean time, the warfare with the Indians continued without remission. It appears by an act of the latter part of the year 1644, that many of the inhabitants, probably on the froutiers, had been collected in large bodies ; but leave was then given them to dispose of themselves " for their best advantage and conve- nience, provided that in places of danger there should not be less than ten men allowed to settle."
Sir William Berkeley again took possession of his government
Oct. 5, 1646. in June, 1645 ; and in the following year a treaty of peace was concluded with the Indians, by which Necotowance, the successor of Opechancanough. acknowledged that he held his kingdom of the crown of England, and agreed that his successors should be appointed or confirmed by the king's governor ; on the other hand, the Assembly, on behalf of the colo- ny, undertook to protect him against rebels and all enemies what- soever. In this treaty, the Indians were permitted to dwell on the north side of York River, but ceded to the whites all the country from the falls of the James and York to the bay, forever ; and any Indian coming upon that territory was to suffer death, unless he bore the badge of a messenger. The Indians were also to surren- der all prisoners, negroes, and arms taken. Other articles were added, prescribing the form of intercourse. Thus were the abo- rigines at length finally excluded from their father-land, leaving no monument of their having existed, save the names of the wa- ters and mountains, and the barrows containing the ashes of their ancestors .*
Thus the colony of Virginia acquired the management of all its concerns ; war was levied, and peace concluded, and territory ac- quired, in conformity to the acts of the representatives of the peo- ple ; while the people of the mother country had just acquired these privileges, after a long and bloody conflict with their former sovereign. Possessed of security and quiet, abundance of land, a free market for their staple, and, practically, all the rights of an independent state-having England for its guardian against for- cign oppression, rather than its ruler -- the colonists enjoyed all the prosperity which a virgin soil, equal laws, and general uniformity
-
* I know of no such thing existing as an Indian monument -- of labor on the large scale. I think there is no remain as respectable as would be a common dich for the draining of lands; unless, indeed, it would be the barrows, of which many are to be found all over the country. That they were repositories of the dead, has been obvicuy so all ; but on what particular occasion constructed, was a matter of doubt .- Jefferson's Notes on Va., p. 132.
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of condition and industry, could bestow. Their numbers increased ; the cottages were filled with children. as the ports were with ships and emigrants. At Christmas, 1648, there were trading in Virginia, ten ships from London, two from Bristol, twelve Hollanders, and seven from New England. The number of the colonists was al- ready twenty thousand, and they, who had sustained no grief's, were not tempted to engage in the feuds by which the mother country was divided. They were attached to the cause of Charles, not because they loved monarchy, but because they cherished the
1649. liberties of which he had left them in the undisturbed pos-
session ; and after his execution, though there were not wanting some who favored republicanism, the government recog- nised his son without dispute.
The loyalty of the Virginians did not escape the attention of June, 1650. the royal exile : from his retreat in Breda he trans- mitted to Berkeley a new commission, and Charles the Second, a fugitive from England, was still the sovereign of Vir- ginia.
But the Parliament did not long permit its authority to be de- nied. Having, by the vigorous energy and fearless enthusiasm of republicanism, triumphed over all its enemies in Europe, it turned its attention to the colonies ; and a memorable ordinance at once empowered the council of state to reduce the rebellious colonies to obedience, and at the same time established it as a law that for- eign ships should not trade at any of the ports " in Barbadoes, Antigua. Bermudas, and Virginia." Thus giving the first example of that wholesale blockade, afterwards rendered so 'notorious by the celebrated orders in council during the wars of the French revolution. Maryland, which was not expressly included in the ordinance, had taken care to acknowledge the new order of things ; and Massachusetts, alike unwilling to encounter the hostility of Parliament, and jealous of the rights of independent legislation, by its own enactment, prohibited all intercourse with Virginia till the supremacy of the commonwealth should be established, -- al- though the order, when it was found to be injurious to commerce, was promptly repealed, even while royalty still flourished at Jamestown.
A powerful fleet, with a considerable body of land forces on board, sent out to bring the colonies to submission, having subdued Barbadoes and Antigua, cast anchor before Jamestown. Sir Wil- liam Berkeley and his hardy colonists had not been inactive : the growing strength of the colony had recently been increased by the acquisition of many veteran cavaliers from the king's army. and it now presented no contemptible force. Several Dutch ships which were lying in the river, and which. as trading contrary to the prohibition of Parlament, were armed. to provide against surprise by the commonwealth's fleets, were also pressed into service. This show of resistance induced the commissioners of Parliament to hesitate, before they attempted to reduce the colony to obedience
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by force, and to offer them fair and honorable terms of submission. The terms offered being such as completely satisfied the Virgini- ans that their freedom was to be preserved inviolate, and their present happy constitution guarantied, while they were to sufler nothing for past conduct, they readily acquiesced, since they gained all by such a surrender which they could effect by the most successful warfare. It appears that they never anticipated any thing more than the preservation of their own liberties from wanton violation from the new and untried power which now held the reins of government in England, and could scarcely have been mad enough to hope to effect any thing favorable to the king by their resistance.
The articles of surrender are concluded between the commissioners of the common- wealth, and the council of state and Grand Assembly of Virginia, as equal treating with equal. It secures-
Ist. That this should be considered a voluntary act, not forced or constrained by a conquest upon the country ; and that the colonists should have and enjoy such freedoms and privileges as belong to the freeborn people of England.
2dly, That the Grand Assembly. as formerly, should convene and transact the affairs of Virginia, doing nothing contrary to the government of the commonwealth or laws of England.
3dly. That there should be a full and total remission of all acts, words, or writings against the Parliament.
4thly. That Virginia should have her ancient bounds and limits, granted by the char- ters of the former kings, and that a new charter was to be sought from Parliament to that effect, against such as had trespassed upon their ancient rights. [This clause would seem to be alined at some of the neighboring colonies.]
5thly. That all patents of land under the seal of the colony, granted by the governor, should remain in full force.
Cthly. That the privilege of fifty acres of land for every person emigrating to the colony, should remain in full force.
7thly. That the people of Virginia have free trade, as the people of England enjoy, with all places and nations, according to the laws of the commonwealth ; and that Virginia should enjoy equal privileges, in every respect, with any other colony in America.
8thly. That Virginia should be free from all taxes, customs, and impositions whatso- ever ; and that none should be imposed upon them without the consent of their Grand Assembly ; and no forts or eastles be erected, or garrison maintained, without their con- sent.
9thly. That no charge should be required from the country on account of the expense incurred in the present fleet.
10thly. That this agreement should be tendered to all persons, and that such as should refuse to subscribe to it, should have a year's time to remove themselves and effects from Virginia, and in the mean time enjoy equal justice.
The remaining articles were of less importance. This was followed by a supple- mental treaty, for the benefit of the governor and council, and such soldiers as had served against the commonwealth in England,-allowing them the most favorable terms.
If this was a conquest, happy would it be for most colonies to be conquered. Every privilege was secured which could possibly be asked. and the liberties of the colony were established more thoroughly than they had ever been ; and the conquest was valy less favorable to Virginia than her declaration of independence. by having her rights depending upon the pledged faith of another nation, instead of having them entirely under her own control. The correspondence between the rights now secured, and the rights
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mentioned in the Declaration of Independence as violated by the British king, is remarkable.
All matters were thus happily and amicably arranged ; and. as Sir William Berkeley was too loval a subject to be willing totake office under Parliament, Richard Bennett, one of the commissioners. was elected governor. A council was also elected, with powers to act in conformity to the instructions they should receive from the Parliament. the known law of England, and the Acts of Assembly, and such other powers as the Assembly should think proper from time to time to give them. It was declared, at the same session, that it was best that officers should be elected by the Burgesses, " the representatives of the people ;" and after discussion upon the propriety of allowing the governor and council to be members of the Assembly, it was determined that they might, by taking the same oath which was taken by the Burgesses. The Assembly thus having no written constitution as their guide, took upon them- selves the office of a convention of the people, and grauted or re- sumed powers as it might seem best for the good of the country.
The whites and the remnants of the neighboring Indian tribes continued to be upon good terms, and the latter were kindly and humanely treated by the guardian care of the Assembly. A slight irruption of the Rappahannocks seems to have been soon termi- nated. But a new scene in the history of the colony now present- ed itself. The Rechahecrians, a fierce and warlike tribe, came down from the mountains, and took up a strong position on the falls of James River, with six or seven hundred warriors. This excited no little uneasiness, as it had been very difficult to extir- pate the Indians who had formerly possessed the spot. The first expedition against them failed ; a new one was prepared, and the subject Indians being called upon for aid, furnished a hundred warriors, most of whom, with their chief, Totopotomoi, fell fighting gallantly.
When Bennett, retired from office, and the Assembly elected Ed- March 31, 1655. ward Digges his successor. the commissioners of
the commonwealth had little to do with control- ling the destinies of Virginia, but were engaged in settling the affairs and adjusting the boundaries of Maryland.
The Assembly reciting the articles of agreement with the com. March 13, 1658. missioners of Parliament. which admitted that the election of all officers of the colony apper- tained to the Burgesses, the representatives of the people pro- ceeded to the election of a governor and council until the nost Assembly ; and the choice fell upon "worthy Samuel Matthews, an old planter, of nearly forty years standing,-a most deserving commonwealth's man, who kept a good house. lived bravely, and was a true lover of Virginia." But this worthy old gentleman seems to have conceived higher ideas of his powers than the As- sembly was willing to allow. The Assembly had determined not to dissolve itself, but only to adjourn until the first of November
9
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They then proceeded with their ordinary business, making, how- ever, one important change in the constitution,-which was, to require that all propositions and laws presented by a committee should be first discussed by the House of Burgesses in private, before the admission of the governor and council. The governor and council, on the first of April, sent a message declaring that they thought fit then to dissolve the Assembly, and requiring the speaker to dismiss the Burgesses. To this the Assembly returned for answer, that the act was illegal, and without precedent, and requested a revocation of it, as they expected speedily to finish their business. The house then declared, that any member who should depart should be censured, as betraying the trust reposed in him by his country ; and that the remainder should act in all things, and to all intents and purposes, as an entire house ; that the speaker should sign nothing without the consent of a majority of the house, and that the members should take an oath not to diselose the acts or debates of that body. The governor replied to the communication from the house, that he was willing that the house should conclude its business speedily, and refer the dispute as to the legality of his power to dissolve, to the decision of the Lord Protector. The house unanimously decided this answer to be unsatisfactory, expressed an earnest desire that public business might be soon dispatched, and requested the governor and council to declare the house undissolved, in order that a speedy period might be put to public affairs. In reply to this, the governor and council revoked the order of dissolution, upon their promise of a speedy conclusion, and again referred the matter of disputed right to the Lord Protector. The house, still unsatisfied with this an- swer, appointed a committee to draw up a report in vindication of the conduct of the Assembly, and in support of its power. in the report, the Burgesses declare that they have in themselves full power of election and appointment of all officers in the country, until they should have an order to the contrary from the supreme power in England; that the house of Burgesses, the representa- tives of the people, were not dissolvable by any power vet extant in Virginia, except their own ; that the former election of gover- nor and council was null, and that, in future, no one should be ad- mitted a counsellor unless he was' nominated, appointed, and con- firmed by the house of Burgesses.
They then directed an order to the sheriff of James City coun- ty, who was their sergeant-at-arms. that he should execute no war- rant, precept, or command, directed to him by any other power or person than the Speaker of the House. They then ordered, that " as the supreme power of the country of Virginia had been de. clared resident in the Burgesses," the secretary of state should be required to deliver up the public records to the speaker. An cath was prescribed for the governor and council to take. and the same governor was elected and most of the same council. Thus were all difficulties adjusted, and popular sovereignty fully established
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Upon the death of Cromwell, the House of Burgesses unani- March, 1659. mously recognised his son Richard, and adopted an
address praying a confirmation of their former priv- ileges, in which address the governor was required to join, after solemnly acknowledging, in the presence of the whole Assembly, that the supreme power of electing officers was, by the present laws, resident in the Grand Assembly ; which was alleged to be required for this reason, that what was their privilege now might belong to their posterity hereafter.
Matthews died, leaving the colony of Virginia without a gover- March, 1660. nor, about the same time that the resignation of Richard Cromwell left England without a head. In this emergency the Assembly, reciting that the late frequent dis- tractions in England preventing any power from being generally confessed ; that the supreme power of the colony should be vested in the Assembly, and that all writs should issue in its name, until such a command and commission should come from England as should by the Assembly be adjudged lawful. Sir William Berke- ley was then elected governor, with the express stipulation thet he should call an Assembly once in two years at least, and should not dissolve the Assembly without its own consent. This old roy- alist, probably thinking now that there was a prospect of the res- toration, accepted the office under the prescribed conditions, and acknowledged himself to be but the servant of the Assembly.
During the suspension of the royal government in England, Virginia attained un- limited liberty of commerce, which they regulated by independent laws. The ordinance of 1650 was rendered void by the act of capitulation ; the navigation act of Cromwell was not designed for her oppression, and was not enforced within her borders. Only one confiscation appears to have taken place, and that was entirely by the authority of the Grand Assembly. The war between England and Holland necessarily interrupted the intercourse of the Dutch with the English colonies ; but, if after the treaty of peace the trade was considered contraband, the English restrictions were entirely disregarded. 1655. Commissioners were sent to England to undeceive Cromwell with regard to the course Virginia had taken with reference to the boundary of Maryland, with regard to which he had been misinformed ; and to present a remonstrance demanding unlimited freedom of trade ; which, it appears, was not refused, for some months before the Protector's death, the Virginians invited the " Dutch and all foreigners" to trade with them on payment of no higher duty than that which was levied on such English vessels as were bound for a foreign port. Proposals of peace and commerce between New- Netherland and Virginia were discussed without scruple by the respective colonial gov. ernments ; and at last a special statute of Virginia extended to every Christian nation, in amity with England, a promise of liberty of trade and equal justice.
1660. At the restoration, Virginia enjoyed freedom of com- merce with the whole world.
Virginia was the first state in the world composed of separate townships, diffused over an extensive surface, where the govern- ment was organized on the principle of universal suffrage. 1655.
All freemen, without exception, were entitled to vote. The right of suffrage was once restricted, but it was soon after 1656. determined to be "hard and unagreeable to reason, that any person shall pay equal taxes and yet have no vote in the elec- tion ;" and the electoral franchise was restored to all freemen.
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Servants, when the time of their bondage was completed, at once became electors ; and might be chosen burgesses. Thus Virginia established upon her soil the supremacy of the popular branch, the freedom of trade, the independence of religious societies, the secu- rity from foreign taxation, and the universal elective franchise. It in the following years she departed from either of these principles, and yielded a reluctant consent to change, it was from the influ- ence of foreign authority. Virginia had herself established a nearly independent democracy. Prosperity advanced with free. dom ; dreams of new staples and infinite wealth were indulged ; while the population of Virginia at the epoch of the restoration may have been about thirty thousand. Many of the recent emi- grants had been royalists in England, good officers in the war. men of education, of property, and of condition. But the waters of the Atlantic divided them from the political strifes of Europe : their industry was employed in making the best advantage of their plantations ; the interests and liberties of Virginia, the land which they adopted as their country, were dearer to them than the mo- narchical principles which they had espoused in England ; and therefore no bitterness could exist between the partisans of the Stuarts and the friends of republican liberty. Virginia had long been the home of its inhabitants -- " Among many other blessings," said their statute-book, "God Almighty bath vouchsafed increase of children to this colony ; who are now multiplied to a consider- able number;" and the huts in the wilderness were as full as the birds' nests of the woods.
The genial climate and transparent atmosphere delighted those who had come from the denser air of England. Every object in nature was new and wonderful.
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