The Fall of Communism in Virginia

By Murray N. Rothbard

Mises Daily: Thursday, February 23, 2012

[Conceived in Liberty (1975)]



One major reason for the survival of this distressed colony was the changes that the company agreed to make in its social structure. The bulk of the colonists had been under “indenture” contracts, and were in servitude to the company for seven years in exchange for passage money and maintenance during the period, and sometimes for the prospect of a little land at the end of their term of service. The contract was called an indenture because it was originally written in duplicate on a large sheet — the two halves separated by a jagged line called an “indent.” While it is true that the original contract was generally voluntary, it is also true that a free society does not enforce even temporary voluntary slave contracts, since it must allow for a person to be able to change his mind, and for the inalienability of a person’s control over his will and his body. While a man’s property is alienable and may be transferred from one person to another, a person’s will is not; the creditor in a free society may enforce the collection of payment for money he may have advanced (in this case, passage and maintenance money), but he may not continue to enforce slave labor, however temporary it may be. Furthermore, many of the indentures were compulsory and not voluntary — for example, those involving political prisoners, imprisoned debtors, and kidnapped children of the English lower classes. The children were kidnapped by professional “spirits” or “crimps” and sold to the colonists.




The communism was only an aspect of the harshness of the laws and the government suffered by the colony. Absolute power of life and death over the colonists was often held by one or two councillors of the company. Thus, Captain John Smith, the only surviving Royal Council member in the winter of 1609, read his absolute powers to the colonists once a week. “There are no more Councils to protect or curb my endeavors,” he thundered, and every violator of his decrees could “assuredly expect his due punishment.” Sir Thomas Gates, appointed governor of Virginia in 1609, was instructed by the company to “proceed by martial law … as of most dispatch and tenor and fittest for this government [of Virginia].” Accordingly, Gates established a code of military discipline over the colony in May 1610. The code ordered strict religious observance, among other things. Some 20 “crimes” were punishable by death, including such practices as trading with Indians without a license, killing cattle and poultry without a license, escape from the colony, and persistent refusal to attend church. One of the most heinous acts was apparently running away from this virtual prison to the supposedly savage Indian natives; captured runaway colonists were executed by hanging, shooting, burning, or being broken on the wheel. It is no wonder that Gates’s instructions took the precaution of providing him with a bodyguard to protect him from the wrath of his subjects; for, as the succeeding governor wrote in the following year, the colony was “full of mutiny and treasonable inhabitants.”



That no man shall use any traitorous words against His Majesty’s person, or royal authority, upon pain of death.…



Dale’s successor, Captain Samuel Argall, a relative of Sir Thomas Smith, arrived in 1617, and found such increased laxity during the interim administration of Captain George Yeardley that he did not hesitate to reimpose Dale’s Laws. Argall ordered every person to go to church Sundays and holidays or suffer torture and “be a slave the week following.” He also imposed forced labor more severely.




In his Great Charter, Yeardley also brought to the colonists the first representative institution in America. The governor established a General Assembly, which consisted of six councillors appointed by the company, and burgesses elected by the freemen of the colony. Two burgesses were to be elected from each of 11 “plantations”: 4 “general plantations,” denoting subsettlements that had been made in Virginia; and 7 private or “particular” plantations, also known as “hundreds.” The 4 general plantations, or subsettlements, each governed locally by its key town or “city,” were the City of Henrico, Charles City, James City (the capital), and the Borough of Kecoughtan, soon renamed Elizabeth City. The Assembly was to meet at least annually, make laws, and serve as the highest court of justice. The governor, however, had veto power over the Assembly, and the company’s edicts continued to be binding on the colony.

The first Assembly met at Jamestown on July 30, 1619, and it was this Assembly that ratified the repeal of Dale’s Laws and substituted the milder set. The introduction of representation thus went hand in hand with the new policy of liberalizing the laws; it was part and parcel of the relaxation of the previous company tyranny.

