Preface of the Life of Washington, Volume 1. This is a LibriVox recording. All LibriVox recordings are in the public domain. For more information or to volunteer, please visit LibriVox.org. The Life of Washington, Volume 1 by John Marshall. Preface by the author. A desire to know intimately those illustrious personages who have performed a conspicuous part on the great theater of the world is perhaps implanted in every human bosom. We delight to follow them through the various critical and perilous situations in which they have been placed to view them in the extremes of adverse and prosperous fortune, to trace their progress through all the difficulties they have surmounted, and to contemplate their whole conduct at a time when the power and the pomp of office having disappeared it may be presented to us in the simple garb of truth. If among those exalted characters, which are produced in every age, none can have a fair claim to the attention and recollection of mankind and those under whose auspices great empires have been founded, or political institutions deserving to be permanent, established. A faithful representation of the various important events connected with the life of the favorite son of America cannot be unworthy of the general regard. Among his own countrymen, it will unquestionably excite the deepest interest as if the chosen instrument of heaven selected for the purpose of effecting the great designs of providence, respecting this our Western hemisphere. It was the peculiar lot of this distinguished man at every epoch when the destinies of his country seemed dependent on the measures adopted to be called by the united voice of his fellow citizens to those high stations on which the success of those measures principally depended. It was his peculiar lot to be equally useful in obtaining the independence and consolidating the civil institutions of his country. We perceive him at the head of her armies during a most arduous and perilous war on the events of which her national existence was staked, supporting with invincible fortitude the unequal conflict. That war being happily terminated and the political revolutions of America requiring that he should once more relinquish his beloved retirement, we find him guiding her councils with the same firmness, wisdom and virtue which had long and successfully been displayed in the field. We behold him, her chief magistrate, at a time when her happiness, her liberty, perhaps her preservation, depended on so administering the affairs of the union that a government standing entirely on the public favor, which had with infinite difficulty been adopted and against which the most embedded prejudices had been excited, should conciliate public opinion and acquire a firmness and stability that would enable it to resist the rude shocks. It was destined to sustain. It was to his peculiar fortune to afford the brightest examples of moderation and patriotism by voluntarily divesting himself of the highest military and civil honors when the public interests no longer demanded that he should retain them. We find him retiring from the head of a victorious and discontented army which adored him so soon as the object for which arms had been taken up was accomplished and withdrawing from the highest office an American citizen can hold as soon as his influence, his character and his talent cease to be necessary to the maintenance of that government which had been established under his auspices. He was indeed first in war, first in peace, and first in the hearts of his fellow citizens. A faithful detail of the transactions of a person so preeminently distinguished will be looked for with avidity and the author laments his inability to present to the public a work which may gratify the expectations that have been raised in addition to that just diffidence of himself which he very sincerely feels to causes beyond his control combined to excite this apprehension. A custom to look in the page of history for incidents and themselves of great magnitude to find immense exertions attended within considerable effects and vast means employed in producing unimportant ends we are in the habit of bestowing on the recital of military actions a degree of consideration proportion to the numbers engaged in them when the struggle has terminated and the agitations felt during its suspense have subsided it is difficult to attach to enterprises in which small numbers have been concerned that admiration which is often merited by the talents displayed in their execution or that interest which belongs to the consequences that have arisen from them the long and distressing contests between Great Britain and the states did not abound in those great battles which are so frequent in the wars of Europe those who expect a continued succession of victories and defeats who can only feel engaged in the movements of vast armies and who believe that a hero must be perpetually in action will be disappointed in almost every page of the following history seldom was the American chief in a condition to indulge his native courage in those brilliant achievements to which he was stimulated by his own feelings and a detail of which interests in raptures and astonish as the reader had he not often checked his natural disposition had he not tempered his ardor with caution the war he conducted would probably have been of short duration and the united states would still have been colonies at the head of troops most of whom were perpetually raw because they were perpetually changing who were neither well-fed paid clothes nor armed and who were generally inferior even in numbers to the enemy he derives no small title to glory from the consideration that he never despaired of the public safety that he was able at all times to preserve the appearance of an army and that in the most desperate situation of American affairs he did not for an instant cease to be formidable to estimate rightly his worth we must contemplate his difficulties we must examine the means placed in his hands and the use he made of those means to preserve an army when conquest was impossible to avoid defeat and ruin when victory was unattainable to keep his forces embodied and suppress the discontents of his soldiers exasperated by a long course of the most cruel privations to seize with unerring discrimination the critical moment when vigorous offensive operations might be advantageously carry on our actions not less valuable in themselves nor do they require less capacity in the chief who performs them than a continued succession of battles but they spread less splendor over the page which recounts them and excite weaker emotions in the bosom of the reader there is also another source from which some degree of disappointment has been anticipated it is the impossibility of giving to the public in the first part of this work many facts not already in their possession the american war was a subject of too much importance to have remained thus long unnoticed by the literary world almost every event worthy of attention which occurred during its progress has been gleaned up and detailed not only the public but much of the private correspondence of the commander in chief has been inspected and permission given to extract from it whatever might properly be communicated in the military part of this history therefore the author can promise not much that is new he can only engage for the correctness with which facts are stated and for the diligence with which his researches have been made the letters to and from the commander in chief during the war were very numerous and have been carefully preserved the whole of this immensely voluminous correspondence has with infinite labor been examined and the work now offered to the public is principally compiled from it the facts which occurred on the continent are generally supported by these letters and it has therefore been deemed unnecessary to multiply references to them but there are many facts so connected with those events in which the general performed a principal part that they ought not to be omitted and respecting which his correspondence cannot be expected to furnish satisfactory information such facts have been taken from the histories of the day and the authority relied on for the establishment of their verity has been cited Doddsley's annual register Belgium Gordon Ramsey and Steadman had for this purpose been occasionally resorted to and are quoted for all those facts which are detailed in part on their authority their very language has sometimes been employed without distinguishing the passages especially when intermingled with others by marks of quotation and the author persuades himself that this public declaration will rescue him from the imputation of receiving aids he is unwilling to acknowledge or of wishing by a concealed plagiarism to usher to the world as his own the labors of others in selecting the materials for the succeeding volumes it was deemed proper to present to the public as much as possible of general Washington himself prominent as he must be in any history of the american war there appeared to be a peculiar fitness in rendering him still more so in one which professes to give a particular account of his own life his private opinions therefore his various plans even those which were never carried into execution his individual exertions to prevent and correct the multiplied errors committed by inexperience are given in more minute detail and more copious extracts from his letters are taken than would comport with the plan of a more general work many events too are unnoticed which in such a composition would be worthy of being introduced and much useful information has not been sought for which professed history of america ought to comprise yet the history of general washington during his military command and civil administration is so much that of his country that the work appeared to the author to be most sensibly incomplete and unsatisfactory while unaccompanied by such a narrative of the principal events preceding our revolutionary war as would make the reader acquainted with the genius character and resources of the people about to engage in that memorable contest this appeared the more necessary as that period of our history is but little known to ourselves several writers have detailed very minutely the affairs of a particular colony but the the sitter rotten is a composition which shall present in one connected view the transactions of all those colonies which now form the united states end of preface chapter one of the life of washington volume one by john marshal this libre vox recording is in the public domain chapter one commission of cabin his voyage to america use of discovery relinquished by henry the seventh resumed by elizabeth letters patent to sir humphrey gilbert his voyage is in death patent to sir walter raleigh voyage of sir richard grenville colonists carried back to england by drake grenville arrives with other colonists they are left on ronok island are destroyed by the indians arrival of john white he returns to england for a sucker raleigh assigns his patent patent to sir thomas gates and others code of laws for the proposed colony drawn up by the king the united states of america extend on the atlantic from the bay of pasama quality in the 45th to cape florida in the 25th degree of north latitude and then some the gulf of mexico including the small adjacent islands to the mouth of the sabine in the 17th degree of west longitude from washington from the mouth of the sabine to the rocky mountains they are separated from spanish america by a line which pursues in the regular northwestern direction to the 42nd degree of north latitude once it proceeds west to the pacific on the north they are bounded by the british provinces from which between the lake of the woods and the rocky or stony mountains they are separated by the 49th parallel of north latitude their northern boundary west of these mountains has not yet been adjusted the extent of this vast republic in consequence of its recent acquisition of almost unexplored territory has not yet been accurately ascertained that may be stated at two millions of square miles its population which began on the atlantic and is traveling rapidly westward amounted in 1820 according to the census of that year to nine millions 654,415 persons the enumerations which have been made under the authority of government show an augmentation of numbers at the rate of about 34 per cent in 10 years and it is probable that for many years to come this ratio will not be materially changed public sentiment to which the policy of the government conforms as opposed to a large military establishment and the distance of the united states from the great powers of the world protects them from the danger to which this policy might otherwise expose them the navy has become an object of great interest to the nation it may be expected to grow with its resources in april 1816 congress passed an act appropriating one million of dollars annually to its gradual increase and authorizing the construction of nine ships to rate not less than 74 guns each and of 12 to rate not less than 44 guns each the execution of this act is in rapid progress inconsiderable as the navy now is with respect to the number and force of its ships it is deemed inferior to none in existence for the bravery and skill of its officers and men when we take interview the extensive sea coast of the united states the magnificent lakes or in them sees which form a considerable part of their northern frontier the abundance of their materials for shipbuilding and the genius of their population for maritime enterprise it is not easy to resist the conviction that this bulwark of defense will at no very distant period attain a size and strength sufficient to ensure the safety of the nation and the respect of the world the net revenue of the united states amounted in the year 1822 to considerably more than 20 millions of dollars and unless a course of legislation unfavorable to its augmentation be adopted must grow with their population in arts and arms and in power they have advanced are advancing with an example of rapidity the history of their progress from the first feeble settlements made by europeans on a savage coast to the present state of greatness while it has just claims to the attention of the curious of all nations may be expected deeply to interest every american soon after the return of columbus from that memorable voyage which opened the vast regions of the west who civilized man the maritime states of europe manifested a desire to share with spain the glory the wealth and the dominion to be acquired in the new world by no one of these states was this desire carried into action more promptly than by england and who the seventh had received communication from columbus during the tedious and uncertain negotiations of that great man at the deletory court of ferdinand which prepared him for the important discoveries afterwards made and inclined him to countenance the propositions of his own subjects for engaging in similar adventures commission of cabbett on the fifth of march 1495 he granted a commission to john cabbett in enterprising venetian who had settled in bristol and to his three sons lewis sebastian and sanctius empowering them or either of them to sail under the ban of england towards the east northwest in order to discover countries unoccupied by any christian state and to take possession of them in his name his voyage to america it does not appear that the expedition contemplated at the date of this commission was prosecuted immediately but in may 1496 cabbett with his second son sebastian sailed from bristol in a small squadron consisting of one ship furnished by the king and four barks fitted out by merchants of that city and staring almost due west discovered the islands of newfoundland and st john's and soon afterward reached the continent of north america along which he sailed from the 56 to the 38th degree of north latitude in the vain hope of discovering a passage into the pacific thus according to the english historians was first discovered that immense continent which stretches from the gulf of mexico as far north as has yet been explored and through this voyage the english trace their title to the country they afterwards acquired by settlement and by arms france which has since contested with britain the possession of a considerable portion of this important territory has also advanced claims to his discovery but they seem not to be well-founded the scheme of making settlements relinquished the order which had been excited in the bosom of henry for making acquisitions in the new world expired with his first effort cabbett on his return found that monarch entirely disinclined to the father prosecution of a scheme in which he had engaged with some zeal the commencement of which had been attended with encouraging appearances several causes are supposed to have contributed to suspend the pursuits of the english and america previous to its discovery the portuguese had explored the azores or western islands in consequence of which they claimed this continent and contended for the exclusion of the spanish from the western ocean the controversy was decided by the pope who on the 7th of may 1493 of his own mere liberality and certain knowledge and the plenitude of apostolic authority granted you spain the country's discovered or to be discovered by her to the west would have aligned to be drawn from pole to pole a hundred leagues west of the azores accepting such countries as might be in the possession of any other christian prince antecedent to the year 1493 and to portugal her discoveries eastward of that line the validity of this grant was probably strengthened in the opinion of henry by other circumstances he set a high value on the friendship of the king of spain with whom he was then negotiating the marriage which afterwards took place between his eldest son and kathryn the daughter of that monarch birdman was jealous to excess of all his rights and henry was not inclined to interrupt the harmony subsisting between the two crowns by asserting claims to the country discovered by cabot which was obviously within the limits to which the pretensions of spain extended renewed by elizabeth the fisheries of newfoundland were carried on by individuals to a considerable extent and a paltry traffic was continued with the natives but no serious design of acquiring territory and planting colonies in america was formed until the reign of elizabeth when a plan for making permanent settlements was proposed and patronized by several persons of rank and influence to select a man qualified for this arduous task and disposed to engage in it was among the first objects to which their attention was directed serham for gilbert had rendered himself conspicuous by his military services and by a treatise concerning the northwest passage in which great ingenuity and learning are stated by dr robertson to be mingled with the enthusiasm the credulity and sanguine expectation which incite men to new and hazardous undertakings on this gentleman the adventurers turned their eyes and he was placed at the head of the enterprise on the 11th of june 1578 he obtained letters patterned from the queen vesting in him the powers that were required on receiving which he with the associates of his voyage embarked for america but his success did not equal his expectations the various difficulties inseparable from the settlement of a distant unexplored country inhabited only by savages the inadequacy of the supplies which could be furnished for a colony by the funds of a few private individuals and his fortune of having approached the continent too far towards the north where the cold barren coast of cape baton was rather calculated to repel then invite a settlement have been assigned as the probable causes of his failure two expeditions conducted by this gentleman ended disastrously in the last he himself perished having done nothing farther in the execution of his patent than taking possession of the island of newfoundland in the name of elizabeth sorrel to rally a life distinguished by his genius his courage and the severity of his faith had been deeply interested in the adventures in which his half-brother serham frigilbert had wasted his fortune and was not deterred by their failure or by the difficulties attending such an enterprise from prosecuting with vigor a plan so well calculated to captivate his bold and romantic temper 1584 patent to sir walter riley on the 26th of march he obtained a patent from the queen and on the 27th of april dispatched two small vessels under the command of captains amades and barlow for the purpose of visiting the country and of acquiring some previous knowledge of those circumstances which might be essential to the welfare of the colony he was about to plant to avoid the era of gilbert and holding too far north amades and barlow took the route by the canaries and the west india islands and approached the north american continent towards the gulf of florida on the 2nd of july they touched at a small island situate on the inlet into pamlico sound once they proceeded to roe no near the mouth of albamore sound after employing a few weeks in traffic with the indians from whom they collected some confused accounts respecting the neighboring continent they took with them to the natives who willingly accompanied them and embarked for england where they arrived on the 15th of september they spent a description which they gave of the soil the climate and the productions of the country they had visited so pleased elizabeth that she bestowed on it the name of virginia as a memorial that had been discovered during the reign of a virgin queen rally encouraged by their report to hasten his preparations for taking possession of the property fitted out a squadron consisting of seven small ships laden with arms ammunition provisions and passengers 1585 voyage of sir richard grenville which sailed from plinth on the 9th of april under the command of sir richard grenville who was his relation and interested with him in the patent having taken the southern route and wasted some time and cruising against the spaniards so richard did not reach the coast of north america until the close of the month of june he touched at both the islands on which amadas and barlow had landed and made some excursions into different parts of the continent around pamlica and albamore sounds first colony having established a colony consisting of 108 persons in the island of ronark and in komodia station without any safe harbor he committed the government of it to mr ralph and on the 25th of august sail for england an insatiate passion for gold attended by an eager desire to find it in the bowels of the earth for a long time the disease of europeans in america became the scourge of this feeble settlement the english flattered themselves that the country that had discovered could not be destitute of those minds of the precious metals with which spanish america abounded the most diligent researchers were made in quest event and the infatuating hope of finding them stimulated the colonists to the utmost exertions of which they were capable the indians soon discerned the object for which they searched with so much avidity and amused them with tales of rich minds and countries that had not yet explored seduced by this information they encountered incredible hardships and in this vain search waste of that time which ought to have been employed in providing the means for a future of subsistence mutual suspicion and disgust between them and the natives ripened into open hostility and the provisions brought from england being exhausted they were under the necessity of resorting for food to the precarious supplies which could be drawn from the rivers and woods 1586 in this state of distress they were found in june by sir francis drake who was then returning from a successful expedition against the spaniers in the west indies he agreed to supply them with about 100 men four months provisions and a small vessel but before she could be brought into a place of security and the men and stores disembarked she was driven out to sea by a sudden and violent storm colonists are carried back to england by drake discouraged by this misfortune and worn out with fatigue and famine the colonists unanimously determined to abandon the colony and were at their own request taken on board the fleet which sailed for england thus terminated the first english colony planted in america the only acquisition made by this expensive experiment was a better knowledge of the country and its inhabitants grenville plants a second colony a few days after the departure of drake with lane and his associates a small vessel which had been dispatched by riley with a supply of provisions reached his place of destination not finding the colonists this vessel returned to england soon after its departure sir richard grenville arrived for three ships and ample supplies having searched in vain for the colonists he had left and being unable to conjecture their fate he placed 50 men in the island with provisions for two years for the purpose of retaining possession of the country and returned to england destroyed by the indians this small party was soon destroyed by the indians 1587 not discouraged by the ill success which had thus far attended his efforts to make a settlement in america riley in the following year fitted out three ships under the command of captain john white and it is said directed the colony to be removed to the waters of the jesapeake which they had been discovered by lane in the preceding year instructed by calamity he adopted more efficacious means for preserving and continuing the colony that had before been used the number of men was greater they were accompanied by some women and their supply of provisions was more abundant mr. white was appointed their governor 12 assistants were assigned him as a council and a charter incorporating them by the name of the governor and assistance of the city of riley in virginia was granted them third colony arrives thus prepared for a permanent settlement they arrived in july at roanoke where they received the melancholy intelligence of the loss of their countrymen who had been left there by sir richard grendel they determined however to remain at the same place and began to make the necessary preparations for their accommodation aware of the danger to be apprehended from the hostile disposition of their neighbors the endeavor to effector reconciliation with the natives one of whom who had accompanied amdus and barlow to england who was distinguished by his unshaken attachment to the english was christened and styled lord of dasa malpik an indian nation in the neighborhood about the same time the first child of english parentage was born in america she was the daughter of ananias dare and after the place of her birth was named virginia soon perceiving their want of many things essential to the preservation and comfortable subsistence of a new settlement the colonists with one voice deputed their government to solicit those specific aids which their situation particularly and essentially required on his arrival in england found the whole nation alarmed at the formidable preparations for their invasion made by philip the second of spain and raleigh rendall and the other patrons of the colony ardently engaged in those measures of defense which the public danger demanded mingling however with his exertions to defend his native country some attention to the colony he had planted raleigh found leisure to fit out a small fleet for its relief the command of which was given to sir richard rendall but the apprehensions from the spanish armament still increasing the ships of force prepared by raleigh were detained import by order of the queen and sir richard rendall was commanded not to leave cornwall where his services were deemed necessary 1588 on the 22nd of april white put to sea with two small barks but instead of hastening to the relief of his distressed countrymen wasted his time in cruising and being beaten by a superior force was totally disabled from prosecuting his voyage 1589 raleigh assigns his patent the attention of raleigh being directed to other more splendid objects he assigned his patent to sir thomas smith and a company of merchants in london 1590 after this transfer year was permitted to lapse before any effort was made for the relief of the colony in march three ships fitted out by the company in one of which mr white embark sailed from plinth but having cruelly and criminally wasted their time and plundering the spanish and the west indies they did not reach hatteras until the month of august third colony lost they fired a gun to give notice of their arrival and sent a party to the place where the colony had been left but no message of the countrymen could be found in attempting the next day to go to roe note one of the boats and passing a bar was half built with water another was over set and six men were drowned two other boats were fitted out with 19 men to search the island thoroughly on which the colony had been left at the departure of mr white it was in contemplation to remove about 50 miles into the country and it had been agreed that should the colonists leave the island they would carve the name of the place to which they should remove on some tree door of post with the addition of a cross over as a signal of distress if they should be really distressed at the time of changing their situation after considerable search the word crow attend was found carved in fair capital letters on one of the chief posts but unaccompanied by the sign of distress which had been agreed on crow attend was the name of an indian town on the north side of cape lookout and for that place the fleet weighed anchor the next day meeting with a storm and several accidents they were discouraged from proceeding on their voyage and determining to suspend their search return to the west indies the company made no further attempt to find these lost colonists nor has the time or the manner of their perishing ever been discovered 1602 voyage of gas gnawed the subsequent voyages made by the english to north america were for the sole purpose of traffic and were unimportant in their consequences until the year 1602 when one was undertaken by Bartholomew gosnaw which contributed greatly to the revival of the then dormant spirit of colonizing in the new world he sailed from fulmett in a small bark with 32 men and steering early west reached the american continent on the 11th of may in about 43 degrees of north latitude finding no good harbor at this place gosnaw put to sea again and stood southward the next morning he described a promontory which he called cape cod and holding his course along the coast as it stretched to the southwest touched it to islands the first of which he named marthus denu and the second elizabeth simon having passed some time at these places examining the country and trading with the natives he returned to england this voyage was completed in less than four months and was attended with important consequences gosnaw did found a healthy climate a rich soil good harbors and a root which shortened considerably the distance to the continent of north america he had seen many of the fruits known and prized in europe looming in the woods and had planted european grain which grew rapidly encouraged by this experiment and delighted with the country he formed the resolution of transporting vidder a colony and of procuring the cooperation of others by whom his plant might be supported so unfortunate however had been former attempts of this sort that men of wealth and rank though strongly impressed by his report of the country were slow in giving full faith to his representations and in entering completely into his views one vessel was fitted out by the merchants of bristol and another by the earl of south hampton and lord a runder of water in order to learn whether gosnaw's account of the country was to be considered as a just representation of its state or as the exaggerated description of a person fond of magnifying his own discoveries both returned with a full confirmation of his veracity and with the addition of so many new circumstances in favor of the country has greatly increased the desire of settling it richard hacklet pre bender of westminster a man of distinguished learning and intelligence contributed more than any other by his judicious exertions to form an association sufficiently extensive powerful and wealthy to execute the often renewed and often disappointed project of establishing colonies in america at link such an association was formed and a petition was presented to james the first who had succeeded to the crown of england praying the royal sanctioned to the plan which was proposed that pacific monarch was delighted with it and immediately acceded to the wishes of his projectors patent to sir thomas gates and others on the 10th of april letters patent were issued under the great seal of england to the petitioner sir thomas gates and his associates granting to them those territories in america lying on the seacoast between the 34th and 45th degrees of north latitude and which either belonged to that monarch or were not then possessed by any other christian prince or people and also the islands adjacent there to or within 100 miles thereof they were divided at their own desire into two companies one consisting of certain knights gentlemen merchants and other adventures of the city of london and elsewhere was called the first colony and was required to settle between the 34th and 41st degrees of north latitude the other consisting of certain knights gentlemen merchants and other adventures of bristol exeter plymouth and elsewhere was named the second colony and was ordered to settle between the 38th and 45th degrees of north latitude yet so that the colony last form should not be planted with 100 miles of the prior establishment the adventures were empowered to transport so many english subjects that should be willing to accompany them who with their descendants were at all times to enjoy the same liberties within any other dominions of the crown of england as if they had remained or were born within the realm a council consisting of 13 to be appointed and removed at the pleasure of the crown was established for each colony to govern it according to such laws as should be given under the sign manual and privy seal of england two other boards to consist also of 13 persons each and to be appointed by the king were invested with the superior direction of the affairs of the colonies the adventurers were allowed to search for and open minds of gold silver and copper yielding one fifth of the two former medals and one fifteenth of the last to the king and to make a coin which should be current both among the colonists and natives the president and council were authorized to repel those who should without their authority attempt to settle or trade within their jurisdiction and to seize and detain the persons and effects of such intruders until they should pay a duty of two and one half per cent on well-armed if subjects but five per cent in if aliens these taxes were to be applied for 21 years to the use of the adventurers and were afterwards to be paid into the royal exchequer vote of laws for the colony drawn up by the king by the council for the pats and teas were employed in making preparations to secure the benefits of their grant james was assiduously engaged in the new and to his vanity the flattering task of framing a code of laws for the government of the colonies about to be planted having it length prepared this code he issued it under the sign manual and privy seal of england by these regulations he vested the general superintendent of the colonies in a council in england composed of a few persons of consideration and talents the church of england was established the legislative and executive powers within the colonies were vested in the president and councils but their ordinances were not to touch life or member were to continue in force only until made void by the king or his council in england for virginia and were to be in substance consonant to the laws of england they were enjoined to permit none to withdraw the people from their allegiance to himself and his successors and to cause all persons so offending to be apprehended and imprisoned until reformation or in cases highly offensive to be sent to england to receive punishment no person was to be permitted to remain in the colony without taking the oath of obedience two months mutiny and rebellion murder and incest were to be punished with death and for these offenses the criminal was to be tried by a jury inferior crimes were to be punished in a summary way at the discretion of the president and council lands were to be held within the colony as the same estates enjoyed in england kindness towards the heathen was enjoined and a power reserved to the king and his successors to ordain father-laws so that they were consonant to the jurist prudence of england under this charter and these laws which manifest at the same time a total disregard of all political liberty and a total ignorance of the real advantages which a parent state may derive from its colonies which best the higher powers of legislation and persons residing out of the country not chosen by the people nor affected by the laws they make and yet leave commerce unrestrained the patentees proceeded to execute the arduous and almost untried task of peopling a strange distant and uncultivated land covered with woods and marshes and inhabited only by savages easily irritated and when irritated more fierce than the beast they hunted end of chapter one chapter two part one of the life of washington volume one by john marshall this leber vox recording is in the public domain chapter two voyage of newport settlement at jamestown distress of colonists smith is captured by the indians condemned to death saved by pocahontas returns to jamestown newport arrives with fresh settlers smith explores the chesapeake is chosen president new charter third voyage of newport smith sails for europe condition of the colony colonists determined to abandon the country are stopped by lord delaware sir thomas dale new charter captain argol seizes pocahontas she marries mr ralph separate property in lands and labor expedition against port royal against man hados 50 acres of land for each settler tobacco sir thomas dale mr yardley first assembly first arrival of females of convicts of african slaves two councils established prosperity of the colony indians attempt to massacre the whites general war dissolution of the company arbitrary measures of the crown sir john harvey sir william barkley provincial assembly restored virginia declares in favor of charles the second grant to lord baltimore arrival of a colony in maryland assembly composed of free men william clayburn assembly composed of representatives divided into two branches tyrannical proceedings the funds immediately appropriated to the planting of colonies in america were inconsiderable and the early efforts to accomplish the object were feeble the first expedition for the southern colony consisted of one vessel of 100 tons and two barks carrying 105 men destined to remain in the country 1606 voyage of newport the command of this small squadron was given to captain newport who on the 19th of december sailed from the tins three sealed packets were delivered to him one addressed to himself a second to captain bartholomew gosnault and the third to captain john radcliffe containing the names of the council for this colony these packets were accompanied with instructions directing that they should be opened and the names of his majesty's council proclaimed within 24 hours after their arrival on the coast of virginia and not before the council were then to proceed to the choice of a president who was to have two votes to this unaccountable concealment have those dissensions been attributed which distracted the colonists on their passage and which afterwards impeded the progress of their settlement 1607 is driven into the chesapeake newport whose place of destination was roanoke took the circuitous route by the west india islands and had a long passage of four months the reckoning had been out for three days and serious propositions have been made for returning to england when a fortunate storm drove him to the mouth of the chesapeake on the 26th of april he described cape henry and soon afterward cape charles a party of about 30 men which went on shore at cape henry was immediately attacked by the natives and in the skirmish which ensued several were wounded on both sides the first act of the colonists was a selection of a spot for their settlement they proceeded up a large river called by the natives powertown and agreed to make their first establishment upon a peninsula on its northern side in complement to their sovereign this place was named jamestown and the river was called james may 13 having disembarked and opened the sealed packets brought from england the members of the council proceeded to the election of a president and mr wingfield was chosen but under frivolous pre-tax they excluded from his seat among them john smith one of the most extraordinary men of his age whose courage and talents had excited their ending during the passage he had been imprisoned on the extravagant charge of intending to murder the council usurp the government and make himself king of virginia the first indications of a permanent settlement in their country seemed to have excited the jealousy of the natives displeased with the intrusion or dissatisfied with the conduct of the intruders they soon formed the design of expelling or destroying these unwelcome and formidable visitors in execution of this intention they attacked the colonists suddenly while at work and unsuspicious of their hostility but were driven terrified into the woods by the fire from the ship on the failure of this attempt a temporary accommodation was affected newport though named of the council had been ordered to return to england as the time of his departure approached the accusers of smith attempting to conceal their jealousy by the affectation of humanity proposed that he also should return instead of being prosecuted in virginia but with the pride of conscious innocence he demanded a trial and being honorably acquitted took his seat in the council about the 15th of june newport sail for england leaving behind him one of the barks and about 100 colonists while he remained they had partaken of the food allowed the sailors but after his departure they were reduced to the necessity of subsisting on the distributions from the public stores which had sustained great damage during their long passage these were both scanty and unwholesome the allowance to each man for a day being only a pint of warm eaten wheat and barley this wretched food increased the malignity of the diseases generated by the climate among men exposed to all its rigors before the month of september 50 of the company were buried among whom was bartholome gosnault who had planned the expedition and had contributed greatly towards its prosecution their distress was increased by internal dissension the president was charged with embezzling the best stores of the colony and with feasting at his private table on beef bread and aqua vitae while famine and death devoured his fellow adventurers the odium against him was completed by the detection of an attempt to escape from them and their calamities in the bark which had been left by newport in the burst of general indignation which followed the discovery of this meditated desertion he was deposed and radcliffe chosen to succeed him as misfortune is not unfrequently the parent of moderation and reflection this state of misery produced a system of conduct towards the neighboring indians which for the moment disarmed their resentments and induced them to bring in such supplies as the country afforded at that season it produced another effect of equal importance a sense of imminent and common danger called forth those talents which were fitted to the exigency and compelled submission to them on captain smith who had preserved his health unimpaired his spirits unbroken and his judgment unclouded amidst this general misery and dejection all eyes were turned and in him all actual authority was placed by common consent his example soon gave energy to others he erected such rude fortifications as would resist the sudden attacks of the savages and constructed such habitations as by sheltering those survivors from the weather contributed to restore and preserve their health while his own accommodation gave place to that of all others in the season of gathering corn he penetrated into the country at the head of small parties and by presence and caresses to those who were well disposed and by attacking with open force and defeating those who were hostile he obtained abundant supplies while thus actively and usefully employed abroad he was not permitted to withdraw his attention from the domestic concerns of the colony in capacity for command he seldom accompanied by willingness to relinquish power and it will excite no surprise that the late president saw with regret another placed above him as unworthy minds most readily devise unworthy means he sought by intriguing with the factious and fomenting the discontents to regain his lost authority and when these attempts were disconcerted he formed a conspiracy for some of the principal persons in the colony to escape in the bark and thus to desert the country the vigilance of smith detected these machinations and his vigor defeated them smith is captured by the indians the prospect which now presented itself of preserving the colony in quiet and plenty until supplies could be received from england was obscured by an event which threatened at first the most disastrous consequences in attempting to explore jicahomani river to his source smith was discovered and attacked by a numerous body of indians and an endeavoring after a gallant defense to make his escape he sank up to his neck in a swamp and was obliged to surrender the wonder and veneration which he excited by the exhibition of a mariner's compass saved him from immediate death he was conducted in triumph through several towns to the palace of powertown the most potent king in that part of the country is condemned to death who doomed him to be put to death by placing his head upon a stone and beating out his brains with a club at the place of execution with his head bowed down to receive the blow he was rescued from a fate which appeared to be inevitable by that enthusiastic and impassioned humanity which in every climate and in every state of society finds its home in the female bosom saved by pocahontas pocahontas the king's favorite daughter then about 13 years of age whose entreaties for his life had been ineffectual rushed between him and the executioner unfolding his head in her arms and laying hers upon it arrested the fatal blow her father was then prevailed upon to spare his life and he was sent back to jamestown returns to jamestown on arriving at that place after an absence of seven weeks he found the colony reduced to 38 persons who seemed determined to abandon a country which appeared to them so unfavorable to human life he came just in time to prevent the execution of this design alternately employing persuasion threats and even violence induced the majority to relinquish their intention then turning the guns of the fort on the bark on board which were the most determined he compelled her to remain or sink in the river by a judicious regulation of intercourse with the Indians over whom he had gained considerable influence he restored plenty to the colony and preserved it until the arrival of two vessels which have been dispatched from England under the command of captain Newport with a supply of provisions and instruments of husbandry and with a reinforcement of 120 persons composed of many gentlemen several refiners goldsmiths and jewelers and a few laborers the influence of smith disappeared with the danger which had produced it and was succeeded by an improvident relaxation of discipline productive of the most pernicious consequences a glittering earth mistaken for gold dust about this time a shining earth mistaken by the colonists for gold dust was found in a small stream of water near Jamestown their raging thirst for gold was re-excited by this incident smith in his history of Virginia describing the frenzy of the moment says there was no thought no discourse no hope and no work but to dig gold wash gold refine gold and load gold and notwithstanding captain smith's warm and judicious representations how absurd it was to neglect other things of immediate use and necessity to load such a drunken ship with gilded dust yet was he overruled and her returns were made in a parcel of glittering dirt which is to be found in various parts of the country in which they very sanguinly concluded to be gold dust 1608 the two vessels returned laden one with this dirt and the other with cedar this is the first remittance ever made from America by an english colony the effects of this fatal delusion were soon felt and the colony again began to suffer that distress from scarcity of food which had before brought it more than once to the brink of ruin smith explores the chesapeake the researchers of the english settlers had not yet extended beyond the country adjacent to james river smith had formed the bold design of exploring the great bay of chesapeake examining the mighty rivers which empty into it opening an intercourse with the nations inhabiting their borders and acquiring a knowledge of the state of their cultivation and population accompanied by dr russell he engaged in this hearty enterprise in an open boat of about three tons berlin and with a crew of 13 men on the 2nd of june he descended the river in company with the last of newport's two vessels and parting with her at the capes began his survey at cape charles with great fatigue and danger he examined every river inlet and bay on both sides of the chesapeake as far as the mouth of the rapahannock his provisions being exhausted he returned and arrived at jamestown on the 21st of july he found the colony in the utmost confusion and disorder all those who came last with newport were sick the danger of famine it was imminent and the clamor against the president was loud and universal the seasonable arrival of smith restrained their fury the accounts he gave of his discoveries and the hope he entertained that the waters of the chesapeake communicated with the south sea extended their views and revived their spirits they contented themselves with deposing their president and having in vain urged smith to accept that office elected his friend mr scrivener as vice president after employing three days and making arrangements for obtaining regular supplies and for the government of the colony smith against sail with 12 men to complete his researches into the countries on the chesapeake from this voyage he returned on the 7th of september having advanced as far as the river sasquahanna and visited all the countries on both shores of the bay he entered most of the large creeks sailed up many of the great rivers to their falls and made accurate observations on the extensive territories through which he passed and on the various tribes inhabiting them with whom he alternately fought negotiated and traded in every situation he displayed judgment courage and that presence of mind which is essential to the character of a commander and never failed finally to inspire the savages he encountered with the most exalted opinion of himself and of his nation when we considered that he sailed about 3000 miles in an open boat when we contemplate the dangers and the hardships he encountered when we reflect on the valuable additions he made to the stock of knowledge respecting america we shall not hesitate to say that few voyages of discovery undertaken at any time reflect more honor on those engaged in them so full and exact says dr robertson are his accounts of that large portion of the american continent comprehended in the two provinces of virginia and maryland that after the progress of information and research for a century and a half his map exhibits no inaccurate view of both countries and is the original on which all subsequent delineations and descriptions have been formed ruins of the obrich church built at jamestown in 1639 settled by the english in 1607 on the banks of the james river about 32 miles from its mouth it was at jamestown that the first legislative assembly in america was held in 1619 and here in the same year slavery was first introduced into the original 13 colonies the site of the settlement which was originally a peninsula but is now an island is owned by the association for the preservation of virginia antiquities besides the ruins of the church shown here those of the fort and two or three houses built more than a hundred years before the declaration of independence was signed and are still standing is chosen president on his return from this expedition smith was chosen president of the council and yielding to the general wish accepted the office soon after new port arrived with an additional supply of settlers among whom were the two first females who ventured to the present colony but he came without provisions the judicious administration of the president however supplied the wants of the colonists and restrained the turbulent encouraged by his example and coerced by his authority a spirit of industry and subordination was created among them which was the parent of plenty and of peace the company in england though disappointed in the hope of discovering a passage to the pacific and the finding minds of the precious metals still indulged in golden dreams of future wealth to increase their funds as well as their influence and reputation by the acquisition of additional numbers to explain and enlarge their powers and privileges and to ensure colonial government conforming to their own views and wishes 1609 new charter the company petition for a new charter which was granted on the 23rd of may some of the first nobility and gentry of the country and most of the companies of london with a numerous body of merchants and tradesmen were added to the former adventurers and they were all incorporated by the name of the treasurer and company of adventurers of the city of london for the first colony in virginia to them were granted in absolute property the lands extending from cape or point comfort along the sea coast 200 miles to the northward and from the same point along the sea coast 200 miles to the southward and up into the land throughout from sea to sea west and northwest and also all the islands lying within 100 miles of the coast of those seas of the precinct of force said to be holding as of the manner of east greenwich in free and common socket and paying in lieu of all services one fifth of the golden silver that should be found the corporation was authorized to convey under its common seal particular portions of these lands to subjects or denizens on such conditions as might promote the intentions of the grant the powers of the president and council in virginia were abrogated and a new council in england was established with power to the company to fill all vacancies therein by election this council was empowered to appoint and remove all officers for the colony and to make all ordinances for its government not contrary to the laws of england and to rule the colonists according to such ordinances license was given to transport to virginia all persons willing to go to the and to export merchandise free from customs for seven years it was also granted for 21 years freedom from all subsidies in virginia and from all impositions on importations and exportations from or to any of the king's dominions except only the five pounds in the hundred due for customs the colonists were declared to be entitled to the rights of natural subjects the governor was empowered to establish martial law in case of rebellion or mutiny and to prevent the superstitions of the church of realm from taking root in the plantation it was declared that none should pass into virginia but such as shall have first taken the oath of supremacy the company being thus enlarged and enabled to take more effective measures for the settlement of the country soon fitted out nine ships with 500 emigrants lord delaware was constituted governor and captain general for light and several other officers were created third voyage of newport the direction of the expedition was again given to newport to whom and sir thomas gates and sir george summers powers were severely granted to supersede the existing administration and to govern the colony until the arrival of lord delaware was singular in discretion the council admitted to establish precedence among these gentlemen who being totally unable to settle this important point among themselves agreed to embark on board the same vessel and to be companions during the voyage they were parted from the rest of the fleet in a storm and driven on bermudas having on board 150 men a great portion of the provisions destined for the colony and the new commission and instructions of the council the residue of the squadron arrived safely in virginia end of chapter two part one chapter two part two of the life of washington volume one by john marshall this libra vox recording is in the public domain a great part of the new company says mr smith consisted of unruly sparks packed off by their friends to escape worse destinies at home and the rest were chiefly made up of poor gentlemen broken tradesmen rakes and libertines footmen and such others as were much fitter to spoil and ruin a commonwealth than to help you raise or maintain one this lewd company therefore were led by their seditious captains into many mischiefs and extravagancies they assumed to themselves the power of disposing of the government and conferred it sometimes on one and sometimes on another today the old commission must rule tomorrow the new and next day neither so that all was anarchy and distraction the judgment of smith was not long suspended with the promptness and decision which belonged to vigorous minds he determined that his own authority was not legally revoked until the arrival of the new commission and therefore resolve to continue its exercise incapable of holding the reins of government with a feeble hand he exhibited on this emergency that energy and good sense which never deserted him when the occasion required them after imprisoning the chief promoters of sedition and thereby restoring regularity and obedience e for the double purpose of extending the colony and of preventing the mischiefs to be apprehended from so many turbulent spirits collected in jamestown detached 100 men to the falls of james river under the command of west and the same number to nansmond under that of martin these persons conducted their settlements with so little judgment that they soon converted all the neighboring indians into enemies after losing several parties they found themselves in absolute need of the support and direction of smith these were readily afforded until a melancholy accident deprived the colony of the aid of a man whose talents had more than once rescued it from the desperate condition into which folly and vice had plunged it returning from a visit to the detachment stationed at the falls of james river his powder bag took fire while he was sleeping in the boat and in the explosion he was so severely wounded as to be confined to his bed smith returns to england being unable to obtain the aid of a surgeon in the colony he embarked for england about the beginning of october state of the colony at his departure the colony consisted of about 500 inhabitants they were furnished with three ships seven boats commodities ready for trade 10 weeks provision in the public stores six mares and a horse a large stock of hogs and poultry some sheep and goats utensils for agriculture nets for fishing 100 trained and expert soldiers well acquainted with the indians their language and habitations 24 pieces of ordinance and 300 muskets with a sufficient quantity of arms and ammunition the fair prospects of the colony were soon blasted by a course of folly and crime of riot and insubordination numerous pretenders advanced their claims to the supreme command the choice at length fell upon captain percy who derived much consideration from his virtues as well as from his illustrious family but his talents at no time equal to this new and difficult station were rendered still less competent to the task by a long course of ill health being generally confined by sickness to his bed he was incapable of maintaining his authority and total confusion ensued with its accustomed baneful consequences the indians no longer awed by the genius and vigor of smith attacked the colony on all sides west and martin after losing their boats and nearly half their men were driven into jamestown the stock of provisions was lavishly wasted and famine added its desolating scourge to their other calamities after devouring the skins of their horses and the indians they had killed the survivors fed on those of their companions who had sunk under such accumulated misery the recollection of these tremendous sufferings was long retained and for many years this period was distinguished by the name of the starving time 1610 in six months the colony was reduced by these distresses to 60 persons who could not have survived 10 days longer when they were relieved from this state of despair by the arrival of sir thomas gates sir george summers and captain newport from bermuda they abandoned the country the determination to abandon the country was immediately taken and the wretched remnant of the colony embarked on board the vessels and sailed for england none dropped a tear says mr charmer because none had enjoyed one day of happiness stopped by lord delaware fortunately they met lord delaware who prevailed on them to return and on the 10th of june resettled them at jamestown by mildness september attention to business and judicious exercise of authority this nobleman restored order and contentment to the colony and again impressed the indians with respect for the english name 1611 unfortunately ill health obliged him to resign the government which he placed in the hands of mr persi and sailed for the west indies leaving in the colony about 200 persons in possession of the blessings of health plenty and peace sir thomas dale on the 10th of may sir thomas dale who'd been appointed to the government arrived with a fresh supply of men and provisions and found the colony relapsing into a state of anarchy idleness and want it required all the authority of the new governor to maintain public order and to compel the idol and the disillusioned labor some conspiracies having been detected he proclaimed martial law which was immediately put in execution this severity was then deemed necessary and is supposed to have saved the settlement in the beginning of august sir thomas gates who had been appointed to succeed sir thomas dale arrived with six ships and a considerable supply of men and provisions after receiving this addition to its numbers the colony again extended itself up james river and several new settlements were made extravagant accounts of the fertility of bremuda having reached england the company became desirous of obtaining it as a place from which virginia might be supplied with provisions application was therefore made to the crown for a new patent to comprehend this island 1612 new charter and in march a charter was issued granting to the treasurer and company all the islands situate in the ocean within 300 leagues of the coast of virginia by this charter the corporation was essentially new model it was ordained that four general courts of the adventurers should be holding annually for the determination of affairs of importance and weekly meetings were directed for the transaction of common business to promote the effectual settlement of the plantation license was given to open lotteries in any part of england these lotteries which were the first ever drawn in england brought 29 000 pounds into the treasury of the company when they were discontinued in 1620 on the complaint of the house of commons they were declared to have supplied the real food by which virginia had been nourished about this time an event took place which was followed by important consequences to the colony provisions in jamestown continuing to be scarce and supplies from the neighboring indians with whom the english were often at war being necessarily uncertain captain argall with two vessels were sent round to the potomac for a cargo of corn while obtaining the cargo he understood that pocahontas would remain steadfast in her attachment to the english had absented herself from the home of her father and they concealed in the neighborhood captain argall seizes pocahontas by bribing some of those in whom she confided argall prevailed on her to come on board his vessel where she was detained respectfully and brought to jamestown he was induced to take this step by the hope that the possession of pocahontas would give the english an ascendancy over her father who was known to dote on her in this however he was disappointed powerton offered corn and friendship if they would first restore his daughter but with a loftiness of spirit which claims respect rejected every proposition for conciliation which should not be preceded by that act of reparation during her detention at jamestown she made an impression on the heart of mr ralph a young gentleman of estimation in the colony who succeeded in gaining her affections they were married with the consent of powerton who was entirely reconciled to the english by that event and continued ever after to be their sincere friend this connection led also to a treaty with the chica harmonies a brave and daring tribe who submitted themselves to the english and became their tributaries 1613 about the same time an important change took place in the internal arrangements of the colony here to four no separate property in lands had been acquired and no individual had labored for himself the lands had been held cleared and cultivated in common and their produce carried into a common granary from which it was distributed to all this system was to be ascribed in some measure to the unwise injunction contained in the royal instructions directing the colonists to trade together for five years in one common stock its effect was such as ought to have been foreseen industry deprived of its due reward exclusive property in the produce of its toil felt no sufficient stimulus to exertion and the public supplies were generally inadequate to the public necessities separate property in lands to remove this cause of perpetual scarcity so thomas dale divided a considerable portion of land into lots of three acres and granted one of them in full property to each individual although the colonists were still required to devote a large portion of labor to the public a sudden change was made in their appearance and habits industry impelled by the certainty of recompense advanced with rapid strikes and the inhabitants were no longer in fear of wanting bread either for themselves or for the emigrants from england 1614 early in the following year sir thomas gates returned to england leaving the government again with sir thomas dale this gentleman detached captain argall on an enterprise of which no immediate notice was taken but which was afterwards recollected with indignation the french who had directed their course to the more northern parts of the continent had been among the first adventurers to north america their voyages of discovery are of a very early date and their attempts to establish a colony were among the first which were made after several aborted efforts a permanent settlement was made in canada in the year 1604 and the foundation of kewbacke was laid in the year 1608 in november 1603 henry the fourth appointed demont lieutenant general of that part of the territory which he claimed lying in north america between the 40th and 46 degrees of north latitude then called akkad da with power to colonize and to rule it and he soon afterwards granted to the same gentleman and his associates an exclusive right to the commerce of peltry in akkad da in the gulf of saint laurence in consequence of these grants the settlement was formed in the subsequent year on that coast near the river saint qua and in 1605 point royale was built on a more northern part of the bay of funding the colony receiving not much support from france was feeble and unprosperous but retained quiet possession of the country in a time of profound peace the expedition of argol was directed against it he found it totally unprepared for defense the inhabitants who had assiduously and successfully cultivated the friendship of the indians were scattered abroad in the woods engaged in there several pursuits and a ship in bark just arrived from france laden with articles necessary for the use of the colony was surprised in port in their cargos taken to jamestown after the departure of argol the french resumed their former station the pretext for this predatory expedition was that the french by settling in akkad da had invaded the rights of the english acquired by the first discovery of the continent argol also paid a visit to new york then in possession of the dutch which country he claimed under the pretext the captain hudson was an englishman and could not transfer the benefit of his discoveries from his sovereign he demanded possession of the place and the dutch governor being unable to resist peaceably submitted both himself and his colony to the king of england and the governor of virginia under him and consented to pay a tribute argol then continued his voyage to jamestown but another governor soon afterwards arriving from hamster dam with better means of asserting the title of his nation the payment of the tribute was refused and the place put in a state of defense fifty acres of land laid off for each settler the advantage is resulting to the colony from allowing each individual to labor in part from self-having soon become apparent the system of working in common to fill the public stores seems to have been totally relinquished and not long afterwards fifty acres of land promised by the rules of a company to each immigrant were surveyed and delivered to those having the title 1615 tobacco about the same time tobacco was first cultivated in virginia this plant although detested by the king who even wrote a pamphlet against it which he styled or counterblast although discounted by the leading members of parliament and even by the company who issued edicts against its cultivation although extremely unpleasant to persons not accustomed to it and disagreeing its effects amounted all opposition and as by an unaccountable caprice been brought into general use and become one of the most considerable staples of america 1616 yardly in the spring of the following year so thomas dale sailed for england leaving the government in the hands of mr george yardley who after a lax administration of one year was succeeded by captain argall 1617 argall argall was a man of talents and energy but selfish hardy and tyrannical he continued martial law during a season of peace and a mr bruster who was tried under this arbitrary system for contemptuous words spoken of the governor was sentenced to suffer death he obtained with difficulty and appealed to the treasurer and company in england by whom the sentence was reversed while martial law was according to smith the common law of the land the governor seems to have been the sole legislator his general edicts marked the severity of his rule he ordered that merchandise should be sold at an advance of 25 per cent and tobacco taken in payment at the rate of three shillings per pound under the penalty of three years servitude to the company that no person should traffic privately with the indians or teach them the use of firearms under pain of death the no person should hunt deer or hogs without the governor's permission that no man should shoot unless in his own necessary defense until a new supply of ammunition should arrive on pain of a year's personal service then none should go on board the ships at jamestown without the governor's leave that every person should go to church on sundays and holidays under the penalty of slavery during the following week for the first offense during a month for the second and during a year and a day for the third the rigor of this administration necessarily exciting much discontent the complaints of the virginians at length made their way to the company mr yardley lord yellowware being dead mr yardley was appointed captain general with instructions to examine the wrongs of the colonists and to redress them 1619 the new governor arrived in april and soon after to the inexpressible joy of the inhabitants declared his determination to convoke a colonial assembly this is an important error in the history of virginia here to for all legislative authority have been exercised either by the corporation in england or by their officers in the colony the people had no voice either personally or by their representatives in the government of themselves and their most important concerns were managed by persons often unacquainted with their situation and always possessing interests different from theirs they now felicitated themselves on having really the privileges of englishmen first colonial assembly the first assembly met at jamestown on the 19th of june the colony being not then divided into counties the members were elected by the different boroughs amounting at that time to seven from this circumstance the popular branch of the legislature received the appellation of the house of burgesses which it retained until all connection with england was dissolved the assembly composed of the governor the council and burgesses not together in one apartment and there discuss the various matters which came before them the laws then enacted which it is believed are no longer extant were transmitted to england for the appellation of the treasurer and company although the emigration from england continued to be considerable few females had crossed the atlantic men without wives could not consider the residents in the country as permanent and must intend after amassing some wealth to return to their native land to remove this impediment to the population of the colony first arrival of females 1620 90 girls of humble fortunate spotless character were transported by the company to virginia and in the subsequent year they were followed by 60 of the same description they were received by the young planters as a blessing which substituted domestic happiness for the cheerless gloom of solitude and the face of the country was essentially changed the prospect of becoming parents was accompanied with the anxieties for the welfare of their children and the education of youth soon became an object of attention the necessity of seminaries of learning was felt and several steps were taken towards founding the college afterwards established by rayman mary and of convicts about the same time the company received orders from the king to convey to virginia 100 idle and dissolute persons then in custody of the night marshal these were the first convicts transported to america the policy which dictated this measure was soon perceived to be not less wise than it was humane minou in europe where the pasts of the body politic made an acceptable addition to the stock of labor in the colony and in a new world where the temptations of crime seldom presented themselves many of them became useful members of society here before the commerce of virginia had been engrossed by the corporation in the year 1620 this distressing and unprofitable monopoly was given up and the trade was open to all the free competition produced by this change of system was of essential advantage to the colony 1621 african slaves but was the immediate cause of introducing a species of population which has had vast influence on the past and may affect the future destinies of america to an extent which human wisdom can neither foresee nor control a debt vessel availing itself of this commercial liberty brought into james river 20 africans who were immediately purchased as slaves two councils established in july the company passed an ordinance establishing a frame of government for the colony this instrument provided that there should be two supreme councils in virginia the one to be called the council of state to be appointed and displaced by the treasurer and company and to assist the governor with advice on executive subjects the other to be denominated the general assembly and to consist of the governor the council of state and burgesses to be chosen for the present by the inhabitants of every town 100 or settlement in the colony two for each the assembly was empowered to enact general laws for the government of the colony preserving a negative to the governor its acts were not to be enforced until confirmed by the general court in england and the ratification returned under its seal on the other hand no order of the general court was to bind the colony until assented to by the assembly 1622 a controversy concerning the importation of tobacco into the european dominions of the crown which had for some time existed between the king and the company was at length adjusted the king had demanded high duties on that article while he permitted its importation from the dominions of spain and also restrained its direct exportation from virginia to the warehouses of the company in holland to which expedient his exactions had driven them it was at length agreed that they should enjoy the sole right of importing that commodity into the kingdom for which they should pay a duty of nine pence per pound in lieu of all charges and that the whole production of the colony should be brought to england the industry population and produce of the colony were now greatly increased at peace with the indians they had extended their settlements to the rapahannock and to the potomac this change of circumstances having rendered it inconvenient to bring all causes to jamestown before the governor and council who had here before exercised all judicial power in the country county courts inferior courts were established to sit in convenient places in order to render justice more cheap and accessible to the people thus originated the county courts of virginia in this year the cup of prosperity which the colonists have begun to taste was dashed from their lips by an event which shook the colony to its foundation in 1618 palatine died and was succeeded in his dominions and in his influence over all the neighboring tribes by opa khan khanoth a bold and cunning chief as remarkable for his jealousy and hatred of the new settlers as for his qualification to execute the designs suggested by his resentments he renewed however the stipulations of power tan and for a considerable time the general peace remained undisturbed the colonists unsuspicious of danger observed neither the indians nor their machinations engaged entirely in the pursuits of agriculture they neglected their military exercises and every useful precaution meanwhile the indians being often employed as hunters were furnished with firearms and taught to use them they were admitted at all times freely into the habitations of the english as harmless visitants were fed at their tables and lodged in their chambers indian conspiracy to massacre all the whites during this state of friendly intercourse the plan of a general massacre which should involve man woman and child and indiscriminate slaughter was formed with cold and unrelenting deliberation the tribes in the neighborhood of the english except those on the eastern shore of the chesapeake who were not trusted with the plan were successively gained over and notwithstanding perpetual intercourse between them and the white people the most impenetrable secrecy was observed so deep and dark was their dissimulation that they were accustomed to borrow boats from the english to cross the river in order to concert and mature their extracurable designs the 22nd of march was designated as the day on which all the english settlements were to be attacked the better to disguise their intentions and to ensure success they brought in the preceding evening dear turkeys and fish as presents and even on the morning of the massacre came freely among the whites behaving in their usual friendly manner until the very instant which had been appointed for the commencement of the scene of carnage the fatal hour being arrived they fell at once on every settlement and murdered without distinction of age or sex so sudden was the execution of their plan that few perceived the weapons or the approach of the blow which terminated their existence thus in one hour and almost in the same instant fell 347 men women and children most of them by their own plantation tools the massacre would have been still more complete had not information been given the preceding night to mr. pace by an indian domesticated in his house and treated as a son who being pressed to murder his benefactor disclosed the plot to him he immediately carried the intelligence to jamestown and the alarm was given to some of the nearest settlements which were thereby saved at some other places too where the circumstances of the attack enabled the english to seize their arms the assailants were repulsed general war but this horrible massacre was succeeded by a vindictive and exterminating war in which the wiles of the indians were successfully retaliated on themselves during this disastrous period many public works were abandoned the college institution was deserted the settlements were reduced from 80 to eight and famine super edit is afflicting scourge to the accumulated distresses of the colony as soon as intelligence of these calamitous events reached england a contribution was made by the adventures for the relief of the sufferers arms from the tower were delivered to the treasurer and company and several vessels were dispatched with those articles which might best alleviate such complicated distress dissension and dissolution of the company but the dissolution of the company was rapidly approaching that corporation contained many men of the first rank and talents in the nation who in their assemblies were in habits of discussing the measures of the crown with the accustomed freedom of a popular body two violent factions which assumed the regular appearance of court and country parties divided the company and struggle for the ascendancy james endeavored to give the preponderance to the court party but his endeavors were unsuccessful and his failure disposed him to listen to complaints against the corporation whose deliberations he found himself unable to control to their mismanagement he ascribed the slow progress made by the colony and the heavy losses that have been sustained 1623 after hearing both the corporation and their accusers the privy council determined to issue a commission appointing persons to be named by the crown to inquire into the affairs of virginia from the earliest settlement of the province and to report there on to the government this commission sees the charters books and papers of the company and all letters and packets brought from the colony were ordered to be laid unopened before the privy council their report attributed the misfortunes of the colony to the corporation in england and james at no time a friend of two popular assemblies communicated to them his resolution to revoke the old charter and grant the new one which should respect private property but plays power in fewer hands the requisition that they should have sent to this proposition and surrender their charter was accompanied with the information that the king was determined in default of submission to take such proceedings for recalling their letters patent as might be just 1624 colony taken into the hands of the king the company however resolutely determined to defend its rights whereupon a writ of quote moranto was instituted in the court of king's bench which was decided according to the wishes of the monarch the company was dissolved in all its powers were revested in the crown above 150 000 pounds sterling had been expended implanting the colony and more than 9 000 persons had been sent from england to people yet at the dissolution of the company the annual imports from virginia did not exceed 20 000 pounds in value and the population of the country was reduced to about 1800 persons while these things were transacting in england the war against the indians was prosecuted in the colony with bigger and success the neighboring hostile tribes were nearly exterminated and were driven entirely from the rivers so that the settlements were extended in safety in february the general assembly was once more convened the several orders which had been previously made by the governor and council were enacted into laws and form the oldest legislative rules of action now remaining on record among them are various regulations respecting the church of england but the act best representing the condition of the commoners is a solemn declaration that the governor should not impose any taxes on the colony otherwise then by the authority of the general assembly and that he should not withdraw the inhabitants from their private labor to any service of his own at this session to the privilege of exemption from arrest while the assembly was sitting was extended to the burgesses several other measures were adopted for the correction of abuses and the laws of that session generally are marked with that good sense and patriotism which are to be expected from men perfectly understanding their own situation and legislating for themselves from this assembly the royal commissioners endeavored in vain to procure an address to the king professing their willingness to submit themselves to his princely pleasure in revoking the ancient patents but a petition was agreed to and transmitted acknowledging their satisfaction and is having taken the plantation into his more special care beseeching him to continue the then form of government to confirm to Virginia and the summer's aisles the sole importation of tobacco and soliciting that if the promised aid of soldiers should be granted them the governor and assembly might have a voice in directing their operations Virginia having thus become a royal government the king issued a special commission appointing a governor and 12 counselors to whom the entire direction of the affairs of the province was committed no assembly was mentioned or was it intended to permit the continuance of that body or to the popular shape of the late system james attributed the disasters of the colony but some attention to their interests was mingled with this subversion of political liberty yielding to the petitions of the english parliament and of the colonists he issued a proclamation prohibiting the growth of tobacco in the kingdom and the importation of it into england or ireland except from virginia or the summer's aisles and investors belonging to his subjects his death prevented the completion of a legislative code for the colony which he had commenced and which he flattered himself would remedy all the ills that had been experienced charles the first arbitrary measures of the crown 1625 charles the first adopted in its full extent the colonial system of his father he committed to sir george yardley whom he appointed governor of virginia and to his council the whole legislative and executive powers of the colony with instructions to conform exactly to orders which should be received from him they were empowered to make laws and to execute them to impose taxes and to enforce the payment of them to seize the property of the late company and to apply it to the public use and to transport the colonists to england to be punished therefore crimes committed in virginia to complete this hateful system the crown exacted a monopoly of the tobacco trade and appointed agents to whose management that article was entirely committed 1629 sir john harvey the full pressure of these arbitrary regulations was not felt till upon the death of sir george yardley sir john harvey was appointed governor of virginia the mind of this gentleman is represented by the historians of the day as having been of a structure to make even tyranny more odious rapacious haughty and unfeeling he exercised his powers in the most defensive manner respect for his commission suppressed opposition to his authority for several years 1636 roused at length almost too madness by oppression the virginians in a fit of popular rage seized their governor and sent him a prisoner to england accompanied by two deputies charged with the duty of representing their grievances and his misconduct charles deemed it necessary to discontent this summary and violent proceeding so entirely incompatible with that implicit obedience which he had ever exacted from his subjects the deputies of the colony were sternly received no inquiry appears to have been made into the conduct of harvey 1637 and early in the succeeding year he was sent back to virginia invested with all his former powers the time however approached when our new system of administration was to be adopted the discontents of the nation and his own wants obliged charles to determine on convening a parliament he was probably unwilling to increase the ill temper resulting from his maladministration at home by bringing before the representatives of the people complaints of the despotism which had been exercised in america so we embarked to this change of circumstances maybe as grabbed the appointment of sir we embarked to succeed harvey as governor of virginia in almost every respect this gentleman was unlike his predecessor highly respectable for his rank and abilities he was still more distinguished by his integrity by the mildness of his temper and by the gentleness of his manners to complete the satisfaction of the colonists he was empowered and directed to summon the burgesses of all the plantations to meet the governor and counsel in the general assembly provincial assembly restored and thereby to restore to the people there share in the government these changes had such an effect in virginia that went afterward informed of a petition presented in the name of the assembly to parliament praying for the restoration of the ancient patents and corporation government the general assembly not only transmitted an explicit disavow of it but sent an address to the king expressing their high sense of his favor towards them and earnestly desiring to continue under his immediate protection during the civil war as well as after the establishment of the commonwealth they continued firm in their attachment to the royal family 1650 the house of commons however having succeeded in the establishment of its power over england was not disposed to permit its authority to be questioned in virginia and ordinance was passed declaring that as the colonies were settled at the cost and by the people of england they are and ought to be subordinate to and dependent on that nation and subject to such law and regulations as are or shall be made by parliament that in virginia and other places the powers of government had been usurped by persons who had set themselves up in opposition to the commonwealth who were therefore denounced as rebels and traitors and all foreign vessels were forbidden to enter the ports of any of the english settlements in america as the men who then govern were not in the habit of making empty declarations the council of state was empowered to send a fleet to enforce obedience to parliament so george a skew was accordingly detached with a powerful squadron and was instructed to endeavor by gentle means to bring the colonists to obedience but if these failed to use force and to give freedom to such servants and slaves of those who should resist as would serve in the troops under his command 1651 after reducing barbatos and the other islands to submission the squadron entered the chesapeake barkley having hired a few dutch ships which were then trading to virginia made a gallant resistance but unable long to maintain so unequal a contest he yielded to superior force having first stipulated for a general amnesty he then withdrew to a retired situation where beloved and respected by the people he resided as a private man until a counter revolution called him once more to preside over the colony after the revocation of the charter it became more easy to obtain large grants of land this circumstance notwithstanding the tyranny of the provincial government promoted emigration and considerably increased the population of the colony at the commencement of the civil war virginia was supposed to contain about 20 000 souls while the ordinance of 1650 forbidding all trade between the colonies and foreign nations was dispensed within favor of republican new england it was rigorously enforced against the loyal colony of virginia these restrictions were the more burdensome because england did not then furnish a sufficient market for all the produce nor a supply for all the wants of the colonies this severity was not calculated to detach the affections of the people from the royal family their discontents were cherished to by the great number of cavaliers who had fled to virginia after the total defeat of their party in england taking advantage of an interregnum occasioned by the sudden death of governor matthews the people resolved to throw off their forced allegiance to the commonwealth and called on sir william barkley to resume the government he required only their solemn promise to venture their lives and fortunes with him in support of their king charles the second proclaimed in virginia this being readily given charles the second was proclaimed in virginia before intelligence and been received of the death of cromwell his restoration was soon afterwards effected in england and this rash measure not only escaped chastisement but became a meritorious service of which virginia long boasted in which was not entirely forgotten by the prince at the restoration the colony contained about 30 000 persons one of the causes which during the government of harvey had described that virginia was the diminution of territory occasioned by grants of great tracks of country lying within the limits of the colony the most remarkable of these was the grant of maryland to lord baltimore maryland in june 1632 charles the first granted to that nobleman forever that region bounded by a line drawn from watkins point on chesapeake bay to the ocean on the east thanks to that part of the estuary of delaware on the north which lies under the 40th degree where new england is terminated then sent a right line by the degree aforesaid to the meridian of the fountain of the potomac thence following its course by the farther bank to its confluence the territory described in this grant was denominated maryland and was separated entirely from virginia the proprietor was empowered with the assent of the freemen or their delegates whom he was required to assemble for that purpose to make all laws for the government of the new colony not inconsistent with the laws of england privileges and other respects analogous to those given to the other colonies were comprised in this charter and it is remarkable that it contains no clause obliging the proprietary to submit the laws which might be enacted to the king for his approbation or dissent nor any reservation of the right of the crown to interfere in the government of the province this is the first example of the dismemberment of a colony and the creation of another within its original limits by the mere act of the crown the first migration into the new colony consisted of about 200 gentlemen with their adherents chiefly roman catholics who sailed from england under calvary the brother of the proprietor in november 1633 and early in the following year landed in maryland near the mouth of the potomac their first effort was to conciliate the goodwill of the natives whose town they purchased and called saint mary's this measure was as wise as it was just by obtaining the peaceable possession of land already prepared for cultivation the marylanders were unable to raise their food immediately in this circumstance together with their neighborhood to virginia where the necessaries of life were then raised in abundance secured them from famine and its concomitant diseases afflictions which had swept away such numbers of the first settlers in north america the inhabitants of virginia presented a petition against the grant to lord balkanore which was heard before the privy council in july 1633 the decision was in favor of the continuance of the patent leaving to the petitioners their remedy of law to prevent farther differences free commerce was permitted between the colonies and they were enjoying to receive no fugitives from each other to do no act which might bring on a war with the natives and on all occasions to assist each other as became fellow subjects of the same state 1635 assembly of all the free men in february 1635 the first assembly of maryland was convened it appears to have been composed of the whole body of the free men their acts were most probably not approved by the proprietor who transmitted in turn for their consideration a code of laws prepared by himself 1638 this code was laid before the assembly who rejected it without hesitation and prepared a body of regulations adapted to their situation william clayborne among these was an act of attain to against william clayborne who was charged with felony and sedition with having exercised the powers of government within the province without authority and with having excited the indians to make war on the colony as early as the year 1631 charles had granted a license to william clayborne one of the council and secretary of state of vietnam to traffic in those parts of america for which there is already no patent granted for sole trade to enforce this license harvey then governor of vietnam had granted his commission also containing the same powers under this license and commission clayborne made a small settlement in the isle of kent near anapolis which he continued to claim and refused to submit to the jurisdiction of maryland not content with infusing his own turbulent spirit into the inhabitants of kent island he scattered jealousies among the natives and persuaded them that the newcomers were spaniards and enemies of the virginians having been indicted and found guilty of murder piracy and sedition he fled from justice whereupon his estate was seized and confiscated labor loudly denounced these proceedings as oppressive and complained of them to his sovereign at the same time he prayed for a confirmation of his former license to trade and for a grant of other lands adjoining the isle of kent with power to govern them the lord's commissioners of the colonies to whom this subject was referred determined that the lands in question belong to lord baltimore and that no plantation or trade with the indians within the limits of his patent ought to be allowed without his permission the other complaints made by clayborne were not deemed proper for the interference of government 1639 hitherto the legislature had been composed of the whole body of the freemen but the increase of population and the extension of settlements having rendered the exercise of the sovereign power by the people themselves intolerably burdensome an act was passed in 1639 for establishing the house of assembly this act declared that those elected should be called burgesses and should supply the place of the freemen who chose them as do the representatives in the parliament of england these burgesses with others called by special writ together with the governor and secretary were to constitute the general assembly but the two branches of the legislature were to sit in the same chamber in 1650 this last regulation was changed and an act was passed declaring that those called by special writ should form the upper house while those chosen by the hundreds should compose the lower house and that bills assented to by both branches of the legislature and by the governor should be deemed the laws of the province perfect harmony prevailed between the proprietor and the people and maryland attentive to its own affairs remained in a state of increasing prosperity until the civil war broke out in england this government like that of virginia was attached to the royal cause 1641 but clayborne who took part with the parliament found means to intrigue among the people and to raise an insurrection in the province calvert the governor was obliged to fly to virginia for protection and the insurgents seized the reins of government after the suppression of this revolt and the restoration of tranquility an act of general pardon and oblivion was passed from the benefits of which only a few leading individuals were accepted but this like most other insurrections produced additional burdens on the people which did not so soon pass away a duty for seven years of ten shillings on every hundred weight of tobacco exported in dutch bottoms was granted to the proprietor the one half of which was appropriated to satisfy claims produced by the recovery and defense of the province 1651 this state of repose was disturbed by the superintending care of parliament in september 1651 commissioners were appointed for reducing and governing the colonies within the bay of chesapeake among them was clayborne the evil genius of maryland as the proprietor had acknowledged and submitted to the authority of parliament he was permitted to govern the colony in the name of the keepers of the liberties of england but could not long retain the possession of actual authority the distractions of england having found their way into maryland divided the colonists and the commissioners supported with their countenance the faction opposed to the established government the contentions generated by the state of things at length broke out in a civil war which terminated in the defeat of the governor and the roman catholics a new assembly was convened which being entirely under the influence of the victoria's party passed an act declaring that none who professed the pope's religion could be protected in the province by the laws that such as professed faith in god by jesus christ although dissenting from the doctrine and discipline publicly held for should not be restrained from the exorcisms of their religion provided such liberty was not extended to popery or prelacy or to such as under the profession of christ practice licentiousness other laws in the same spirit were enacted and a persecution was commenced against the quakers as well as against those guilty of popery and policy a scene of revolutionary turbulence ensued in the course of which a resolution was passed declaring the upper house to be useless which continued in force until the restoration philip calbert was then appointed governor by lord baltimore and the ancient order of things was restored the colony notwithstanding these commotions continued to flourish and at the restoration his population was estimated at 12 000 souls end of chapter two part two