THE "THRUSTING OUT" OF GOVERNOR HARVEY AND ITS AFTERMATH, 1635-1641

In 1635, in one of the most famous incidents in Virginia's early

history, Governor Harvey was deposed by his Council. Many historians

have assumed that Harvey was deposed by a spontaneous uprising of the

people no longer able to bear his oppressive government. There is,

however, little justification for this view. Many more accusations have

been hurled at Harvey by later historians than by his contemporaries,

and it is undoubtedly Harvey's position as a royal Governor and his

quick temper that have caused historians to take such a hostile view of

him. Ever since the successful American Revolution of 1776, American

historians, in interpreting the events of the colonial period, have

jumped at any evidence of discontent as an anticipation of, and

justification for, the War for Independence. They have not stopped to

determine whether the charges hurled at the royal Governors were true or

not. It is enough that someone accused them of oppression.

The causes of the revolt against Harvey were various. Of first

importance was the continual opposition that existed between the

Governor and his Council. The revolt was not primarily a revolt of the

people but a revolt by certain members of the Council who attempted to

give their particular insubordination the appearance of a general

rebellion.

Harvey's commission was such that he could do nothing except by majority

vote of himself and the Council sitting as a single body. The Council

frequently outvoted him, effectively blocking his proposals. Harvey

bitterly disputed the Council's power to thwart his will. He pointed out

that the King had sent him to Virginia not only as the new Governor but

with the specific duty of correcting the abuses that were reported to

have existed under previous Governors, especially those abuses for which

members of the Council were responsible. Previous to his arrival the

government had been in the hands of Francis West and Dr. John Pott,

elected to office by the other members of the Council. Pott, whose

reputation has been mentioned earlier, was not pleased to be brought to

justice for his dishonest actions. Nor was Samuel Mathews, an important

member of the Council, pleased to be brought to justice for withholding

the cattle and property of other men. (Mathews, the richest man in the

colony, successfully resisted all legal attempts to divest him of this

property.) Nor were the Council members pleased when, in accordance with

His Majesty's commands, Harvey attempted to punish those responsible for

the ill treatment of William Capps, sent earlier by the King to start

production of tar, potash, salt, pipe staves and other commodities. The

Council had discouraged him from his mission, except in so far as it

concerned the production of salt, and Pott had issued an order

preventing him from leaving the colony to report to the King.

Another cause for grievance against Harvey was the peace he made with

the local Indians. The colonists distrusted the Indians more than they

distrusted other Europeans. The great massacre of 1622, when the Indians

made a desperate attempt to destroy the English settlement, had placed

Indian-white relations on a basis of perpetual enmity. Legally, the

Indians had never been considered to have the same rights as the

English. English law throughout the seventeenth century maintained the

doctrine that between Christians and infidels there could exist nothing

but perpetual enmity, a view which was a hangover from the period of the

Crusades, wars against the Turks, and expansion by militant Christian

nations into heathen lands during the fifteenth and sixteenth centuries.

It is true that practical co-operation and on-the-spot recognition of

Indian rights had developed in Virginia in the early years. The massacre

of 1622, however, gave Virginians an excuse for abandoning all forms of

co-operation with, and respect for, the Indians. Deceit and breach of

faith were elevated into acknowledged instruments of policy. The right

of the Indians even to occupy the land of their forefathers was denied.

They were admitted to exist and to hold land _in fact_, but the English

refused to recognize _in law_ either their existence or their title to

land. Total extirpation was resolved against those Indian nations which

had taken part in the massacre. "Marches" were periodically ordered

against the various tribes with the purpose of destroying or seizing

their corn, burning their shelters, and killing as many members of the

tribe as possible.

Governor Harvey reversed this policy and made peace with the Indians

against the advice of Dr. Pott and other Councilors. He also attempted

to see that some measure of equity was extended to Indian-white

relations. As a result, the more aggressive planters accused him of

promoting a second massacre.

What really set off the revolt against Harvey, however, was the

injection of the hottest issue of the day into the controversy: whether

Harvey was "soft" on Catholicism. This issue was brought to a head

because of the grant of a portion of Virginia's original territory to

George Calvert, first Lord Baltimore. Harvey had extended a helping hand

to Baltimore's colonists. Although his actions in this regard were

specifically required of him by the King, and although he received

especially warm commendation from the English government for doing so,

the Virginia colonists objected. The King's grant, for one thing, had

been carved out of the Virginia Company's old bounds which had been left

undisturbed when the Company lost its right to govern the area. Already

Virginians were beginning to eye the benefits of settlement in the

northern reaches of Chesapeake Bay. One, Colonel William Claiborne,

Secretary of the colony, had obtained a royal commission to trade in the

area and had established a settlement on Kent Island, opposite the

present Annapolis, far up Chesapeake Bay. By acting on the King's

instructions and supporting Baltimore's authority in the area against

Claiborne's claims, Harvey turned the second most important man in the

colony against him.

Harvey at first backed the Virginia Council's assertion that Kent

Island was a part of Virginia, and not part of the supposedly

uncultivated wilderness granted to Baltimore by the King. But in the

face of Charles's obvious desire to take the area away from Virginia,

and because Claiborne's patent authorized trade rather than settlement,

Harvey soon accepted Lord Baltimore's position that Claiborne's trading

post lay within the limits of Baltimore's jurisdiction. Irritation

between the two men increased when Harvey attempted jointly with the

Maryland authorities to conduct an examination of charges that Claiborne

was stirring up Maryland's Indians against the new settlers. Claiborne

was accused of telling the local Indians that the new settlers were not

Englishmen but Spaniards. The investigation which ensued was hampered at

every turn by Claiborne and his friends on the Virginia Council.

The Virginians were most concerned not by the apparent violation of

Virginia's territorial integrity, but by the fact that the new

settlement was being established and settled by Roman Catholics. The

Virginians were less tolerant than the King in wishing success to Lord

Baltimore, a Catholic, and his fellow religionists, in establishing a

colony on their northern border. The Virginia Council wrote Charles in

1629 thanking him for "the freedome of our Religion which wee have

enjoyed," and asserting proudly that "noe papists have beene suffered to

settle amongst us." They insisted upon tendering the oaths of supremacy

and allegiance to Lord Baltimore when he arrived in Virginia in October

1629 to consider a possible settlement, and reported to the King that he

had refused to take those oaths. Charles I had married a Catholic,

Henrietta Maria of France, and, like his father, James I, was not

disposed to allow too rigorous penalties against those who professed

religious allegiance to Rome. But the Parliament, and the people in

general, feared and hated Catholics, believing their religious beliefs

to be incompatible with loyalty to a Protestant state.

By means of the oaths of allegiance and supremacy Catholics were

required to recognize the English sovereign as their rightful ruler in

matters spiritual and ecclesiastical as well as temporal, to repudiate

the papal claim to depose heretical princes, to promise to fight for the

King in case of rebellion caused by a papal sentence of deposition, and

to denounce the doctrine that princes, being excommunicated, could be

deposed or murdered, or that subjects could be absolved from their oath

of allegiance. The oaths were based on a real fear which identified

Roman Catholicism with treason. Protestants felt that Catholics owed

their highest allegiance to a foreign power, and hence were not good

Englishmen. The problem was a complicated one, and much debated at the

time and since. Now it is generally accepted that one can owe spiritual

allegiance to Rome while remaining a faithful subject of a non-Catholic

state. In England in the seventeenth century, however, the Church of

Rome was too closely identified with England's mortal enemies to allow

her freely to tolerate Catholics in her midst. For a long period England

had feared Spain as the greatest threat to her existence. Even after the

defeat of the Spanish Armada in 1588 this fear persisted and to a

certain extent was transferred to France, another Catholic power. The

measures taken against the Catholics in England were similar to those

taken against Communists in this country today, and they were taken for

the same reason: the fear that the followers of a universal ideology

would turn against their local allegiance if the two ever came in

conflict.

Eventually Charles's easy attitude towards Catholics helped bring about

his downfall. In a similar way Harvey's compliance with the King's

instructions to aid and respect Baltimore's colonists weakened his

popularity in Virginia.

As the locus of power in England shifted from the King and his lords

towards the Parliament and the people, a stronger Protestant and

democratic policy became necessary. The eventual result of this shift in

power became evident with the beheading of Charles I in 1649 and, later,

with the Glorious Revolution of 1689 and the crowning of William and

Mary as constitutional symbols of the power of the English nation.

So great was the popular feeling in Virginia against the "Papists" in

Maryland that many, in casual conversation, exclaimed that they would

rather knock their cattle on the head than sell them to Maryland. To

accommodate the needs of the new settlers in Maryland, Harvey sent them

some cows of his own and did his best to ease their early struggles, in

accordance with the King's commands. He could not do all he wished,

however, because he was frequently outvoted at the Council meetings on

anything that had to do with Maryland.

The deposition of Governor Harvey had its origin on April 27, 1635, in a

mutinous gathering held in the York River area, Virginia's first

frontier settlement outside the James River. The ring-leader seems to

have been Francis Pott, brother of Doctor Pott, who harangued the

meeting about the alleged injustice of Governor Harvey, and about the

Governor's toleration for Indians, which he said would bring on another

massacre. Francis Pott had formerly been commander of the fort at Point

Comfort but had a short time before been discharged by Harvey for

misbehavior.

Harvey ordered the principals in the York meeting arrested, and called

the Council together to consider what action should be taken against

them. The Council opposed Harvey's desire to proceed against them by

martial law, and began to excuse the dissidents on the grounds of the

many complaints the people had about the government. Harvey thereupon

demanded opinions in writing on what should be done with the mutineers.

George Menefie, the first Councilor of whom Harvey demanded such a

written statement, said he was but a young lawyer and dared not give a

sudden opinion. A violent debate ensued. The rest of the Council also

refused to put their opinions in writing. At the next meeting of the

Council, Menefie began to recount the grievances of the country, naming

Harvey's detention of the Assembly's letter to the King as the principal

one. The original of this letter, refusing the King's propositions

concerning a tobacco contract, Harvey had retained, as likely to

infuriate the monarch and do the country no good. Instead he had sent a

copy of the letter to the Secretary of State. At Menefie's words,

Harvey, in a rage, brought his hand down sharply on the Councilor's

shoulder and said, "Do you say so? I arrest you on suspicion of treason

to his Majesty." Then Capt. John Utie and Capt. Samuel Mathews seized

Harvey and said, "And we you upon suspicion of treason to his Majesty."

Secretary Richard Kemp immediately stepped between the men and told Utie

and Mathews that Harvey was the King's Lieutenant and that they had done

more than they could answer for. Mathews and Utie released their hold on

the Governor but demanded that he go to England to answer the people's

complaints. To emphasize their demand Dr. John Pott signaled forty

soldiers who had been concealed outside the Governor's house (where the

meeting was held) to march up to the door, apparently as a form of

threat, although the mutineers protested that the guard was for the

Governor's safety. More days of negotiations passed. The rebellious

Council called an Assembly to hear charges against Harvey, and chose

Capt. John West to be Governor until His Majesty's pleasure might be

known. Finally Harvey agreed to return to England. Francis Pott went on

the same ship home.

In England the Privy Council heard the charges against Harvey and his

defense. None of the accusations stood up, and he was able to show why

the Council had private reasons to desire his removal. The King directed

him to return to his government with increased power, and ordered the

Councilors who had been instrumental in deposing him to be sent to

England for trial. Harvey was able to collect some of his back pay and

to obtain the King's agreement that he should return in a ship of war.

Unfortunately, an old and unseaworthy prize ship was provided him which

had to turn back shortly after its departure, and Harvey was forced to

take passage on an ordinary merchant ship which arrived in Virginia

January 18, 1637. Harvey suffered great losses because of the

unseaworthiness of the prize ship, and petitioned the King for

recompense. He was, however, ordered to pay out of his own pocket all

the losses he had sustained by the affair, although he was authorized to

collect an equivalent amount from the estates of the mutinous Councilors

should they be convicted.

The sending of the mutinous Councilors--Capt. John West, Samuel Mathews,

John Utie, and William Pierce--as prisoners to England, strangely enough

allowed them to accomplish what they had been unable to do in Virginia.

So many and so powerful were their friends, so wealthy were they

themselves, and so many were the charges that they contrived against

Harvey now that he was back in the colony and unable to answer them,

that the King soon reversed himself and ordered Harvey relieved of his

post. The King's action illustrates one of the little appreciated

factors in American colonial history: the role played by petitions to

the King. Three thousand miles of ocean, and months, even years, in

time, separated the assertion from the proof, encouraged the most

exaggerated charges, and contributed to the unjustified sympathy

extended by the King to many petitioners who did not deserve such

consideration. Some of the "crimes" charged against Harvey were even

discovered to have their origin in the King's own commands or in earlier

acts of Assembly. Yet they contributed to clouding the atmosphere and

blinding the lords of England to the true worth of their representative

in Virginia.

On the basis of unjustified or unsupported charges concerning Harvey's

alleged misappropriation of the mutinous Councilors' estates, which had

been seized for the King pending their trial, the King, on May 25, 1637,

ordered these estates returned to their owners. Harvey complied

immediately as far as four of the Councilors were concerned, but he had

already allowed legal action to be directed against Mathews' estate by

those who had claims against Mathews, and judgments had been made in

favor of the plaintiffs. When the English government heard he had not

turned back Mathews' property, it promptly ordered that he do so without

delay, which order Harvey then tried to put into effect as best he

could. The damage had been done, however, and the impression created

that he had willfully misappropriated Mathews' property and disobeyed

the King's commands.

Harvey's fight against the charges his enemies brought against him in

England suffered another blow when Mr. Anthony Panton, a minister who

had been twice banished from the colony, returned to England to add his

complaints to those of the others. Harvey was not given a chance to

defend himself against the new charges, and on January 11, 1639, Sir

Francis Wyatt was appointed to succeed him.

On Wyatt's arrival Harvey's estate was seized and the old Governor

prevented from returning to England until he could satisfy his

creditors. To meet their demands, Harvey, in 1640, was forced to sell

all his land and much of his personal property. The fact that he was in

debt to many persons in the colony is itself a significant indication

that he had not abused the powers of his office. It is a curious fact

that both Governor Sir William Berkeley and Governor Harvey were much in

debt when the rebellions against their rule began, while their principal

enemies were among the wealthiest men in the colony.

Harvey was finally able to return to England, probably in 1641. There he

found Anthony Panton continuing his campaign of defamation against him.

Panton was not content to accuse the previous government in Virginia of

every sort of general crime (although he failed to cite any specific

instance of oppression) but charged that the commission the King had

granted to Sir William Berkeley in August 1641 to replace Wyatt had been

surreptitiously obtained. The House of Lords therefore ordered

Berkeley's voyage delayed while they examined the case. The House of

Commons, on the basis of an earlier petition from Panton, had similarly

prevented the return to Virginia of Richard Kemp, Secretary of the

colony, and Christopher Wormeley. Both Berkeley and the two Virginians

presented counterpetitions, the one pointing out that he was charged

with nothing and hence desired not to be held up on his costly voyage,

the others asserting that all Panton's accusations were untrue and

similarly requesting permission to leave. The House of Lords thereupon

granted these petitions, sending Panton's charges to the Governor and

Council of Virginia for a decision.

THE EARLY ADMINISTRATION OF SIR WILLIAM BERKELEY, 1642-1644: AN ERA OF

GOOD FEELING

In March 1642 Sir William Berkeley took up his duties in Virginia and

began a career which ended both gloriously and ignominiously thirty-five

years later. Berkeley came from a distinguished family, was a graduate

of Oxford and the Inns of Court, a playwright, and a courtier much

admired by the King. Men frequently wondered why he chose to waste his

talents in the American wilderness when he might have achieved eminence

at Court. The mystery will probably ever remain. In Virginia Berkeley

had to work with many of the same Councilors who bedeviled Harvey, but

Berkeley was able to get along well with them and with the Assembly and

people of Virginia. No Governor of Virginia in the seventeenth century

was ever so well or so deservedly loved by the people. Since he ended

his long career as Governor amidst a colonial rebellion against his rule

in 1676, historians have found it hard to determine whether to bestow

praise or blame upon him. Usually he is praised for his early years in

the government and condemned for his later years, thus taking on a Dr.

Jekyll and Mr. Hyde character. The last word has not yet been written on

Governor Berkeley, however, and his character may prove to be more

consistent than historians have realized.

Berkeley's first action was to join the Burgesses and Council in a

violent denunciation of those who were attempting to reinstitute the old

Virginia Company's control over the colony. In a "Declaration against

the Company" Berkeley and the Assembly asserted that government under

the Company had been intolerable and if introduced again would destroy

all the democratic rights allowed by the King's instructions, such as

legal trial by jury, the right to petition the King, and yearly

Assemblies. The readmission of the Company would also, the declaration

asserted, impeach the "freedom of our trade (which is the blood and life

of a commonwealth)." The declaration went on to order that anyone who

promoted the restoration of the Company's power would, upon due

conviction, be held an enemy to the colony and forfeit his whole estate.

Berkeley's next action was to recommend the repeal of the tax of four

pounds of tobacco per poll which formerly had been levied for the

Governor's use. The Assembly acknowledged this as "a benefit descending

unto us and our posterity ... contributed to us by our present

Governor." Berkeley abolished certain other valuable emoluments due him

by virtue of his office "wherein," the Assembly declared, "we may not

likewise silence the bounty of our present Governor in preferring the

public freedom before his particular profit." Finally Berkeley

recommended that taxes be proportioned in some measure "according to

mens abilities and estates" rather than by the old poll tax system, and

the new scheme was, for a brief period, put into effect.

Governor Berkeley not only showed himself selfless in restraining his

own opportunities for profit, but fearless in restraining the colonists'

itch for land. A few months before his arrival, the Assembly had

authorized settlement both on the north side of the York and in the

Rappahannock area, if it could be done in great enough force.

Opechancanough was to be offered fifty barrels of corn a year for the

area between the York and the Piankatank, although the English proposed

to take the area whether Opechancanough accepted the offer or not.

Twenty-four years had elapsed before English settlement jumped from the

James to the York. Now, ten years after the first settlements on the

York, Virginians were settling on the next great river to the north, the

Rappahannock. By the time Berkeley arrived, some settlers had

established themselves in the area, and many more had claimed grants.

Indian hostility was great, however, and soon a number of the settlers

returned to more secure areas of the country.

Berkeley, working with the Assembly of March 1643, obtained a law which

provided that the Rappahannock River region should remain "unseated,"

though grants might be tentatively claimed in the area, until the

Governor, Council, and Burgesses, that is, the Grand Assembly, should

authorize settlement there. The Governor was attempting to regulate the

expansion of the colony so that the twin goals of security for the

English and justice for the Indians could both be secured. In this he

was not entirely successful, since he could only guide, not arbitrarily

direct, the representatives of the people. The rich, virgin land of the

frontier exerted a continuing attraction to the tobacco planters, and

five years later, in 1648, the restrictions on settlement in the

Rappahannock region, as well as in the Potomac region, were officially

lifted.

Many other important policy decisions were made at the March 1643

meeting of the Grand Assembly. One of these decisions concerned church

government. The first act provided for the establishment of church

government according to the Anglican form. Virginia was not formed as a

protest against the Church of England, as were the Puritan colonies in

New England in large measure. Conformity in religious matters was

considered a virtue in Virginia. The Assembly, indeed, enacted that

nonconformist ministers be compelled to depart the colony, an act which

did much to sour Virginia's relations with New England. What was

significant about the act, however, was that, with certain exceptions

and qualifications, it gave the vestry of every parish power to elect

the minister of the parish. Because established landlords and nobles

did not exist to build and endow churches as in England, the

representatives of the people, in the vestry, had to assume the role of

patron, to build the church, and to provide for the support of the

minister. In such circumstances it was natural that much of the power

that remained in the hierarchy of church, state, and society in England

should, in Virginia, pass to the ordinary people and be exercised

through their representatives--the vestry and Burgesses. The people, not

the King, became the patron of the Church of England in Virginia.

Popular responsibility replaced clerical responsibility and added one

more phase of life to those controlled directly by the people in the New

World. It is significant that Patrick Henry, years before the

Revolution, should first have asserted the doctrine of popular

responsibility and authority in a case--the celebrated "Parsons'

Cause"--involving the people's authority over the church.

An even more significant indication of the shift in power in the

government was the provision in one of the acts of the Assembly of 1643

that appeals from the General Court (composed of the Governor and

Council, all appointees of the Crown) should be made to the Grand

Assembly (composed of the representatives of the people plus the

Governor and Council).

Still another demonstration of the _de facto_ shift in power from the

Crown to the people was the third act of the 1643 Assembly which

declared that the Governor and Council "shall not lay any taxes or

impositions upon this collonie their lands or comodities otherwise then

by the authority of the Grand Assembly to be leavied and imployed as by

the Assembly shall be appointed." The first such law had been passed in

March 1624 and renewed in February 1632. The process of wresting control

of the purse strings from the representatives of the Crown was to be a

long-drawn-out process in America, as indeed it was in England. In

Virginia the battle was won without a fight either because the Governors

were unable to oppose the power of the Burgesses or because they

identified their interests with those of the people. In the case of the

rights won by the people of Virginia during Sir William Berkeley's

governorship, these seem to have been the results as much of the

Governor's benevolence as of the Burgesses' power.

The colony also took its economic welfare into its own hands in the

early years of Berkeley's administration. Dutch traders were encouraged

by an act which made it free and lawful for any Dutch merchant or

shipowner to bring merchandise into the colony and to take tobacco out

of it. Means were provided to ease the difficulty caused by the

requirement that the Dutch give security for payment of the King's

customs at the port of London.

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