Selecting for the scene of operations the beautiful belt of country lying

between the thirty-fourth and forty-fifth parallels of north latitude,

the King certainly provided an ample field for the success of the

patentees. This tract extends from Cape Fear to Halifax, and embraces all

the lands between its boundaries in North America, except perhaps the

French settlement in Arcadia, which had already been so far matured as to

come under the excluding clause of the patent. For colonizing this

extensive region the King appointed two companies of adventurers--the

first consisting of noblemen, knights, gentlemen, and others in and about

the city of London, which, through all its subsequent modifications, was

known by the title of the London Company; the other consisted of knights,

gentlemen, merchants, and others in and about the town of Plymouth, and

was known as the Plymouth Company, though its operations were never

extensive and were at last utterly fruitless.

To the London adventurers was granted exclusive right to all the

territory lying between the thirty-fourth and thirty-eighth parallels and

running from the ocean to an indefinite extent westward into the wilds of

America, even to the waters of the Pacific. They were also allowed all

the islands, fisheries, and other marine treasures within one hundred

miles directly eastward from their shores and within fifty miles from

their most northern and most southern settlements, following the coast to

the northeast or southwest, as might be necessary. Within these limits

ample jurisdiction was conferred upon them. To the Plymouth Company were

granted in like manner the land and appurtenances between the forty-first

and forty-fifth parallels. Thus the whole region between thirty-eight and

forty-one was left open to the enterprise of both companies; but to

render angry collision impossible, the charter contained the judicious

clause above noted, by which each colony might claim exclusive right

fifty miles north or south of its extreme settlements, and thus neither

could approach within one hundred miles of the other.

The hope of gold and silver from America was yet clinging with tenacity

to the English mind. James grants to the companies unlimited right to dig

and obtain the precious and other metals, but reserves to himself

one-fifth of all the gold and silver and one-fifteenth of all the copper

that might be discovered. Immediately after this clause we find a section

granting to the councils for the colonies authority to coin money and use

it among the settlers and natives. This permission may excite some

surprise when we remember that the right to coin has been always guarded

with peculiar jealousy by English monarchs, and that this constituted one

serious charge against the Massachusetts colony in the unjust proceedings

by which her charter was wrested from her in subsequent years.

To the companies was given power to carry settlers to Virginia and plant

them upon her soil, and no restriction was annexed to this authority

except that none should be taken from the realm upon whom the King should

lay his injunction to remain. The colonists were permitted to have arms

and to resist and repel all intruders from foreign states; and it was

provided that none should trade and traffic within the colonies unless

they should pay or agree to pay to the treasurers of the companies 2½ per

cent, on their stock in trade if they were English subjects, and 5 per

cent, if they were aliens. The sums so paid were to be appropriated to

the company for twenty-one years from the date of the patent, and

afterward were transferred to the crown. James never forgot a prospect

for gain, and could not permit the colonists to enjoy forever the customs

which, as consumers of foreign goods, they must necessarily have paid

from their resources.

The jealous policy which at this time forbade the exportation, without

license, of English products to foreign countries, has left its impress

upon this charter. The colonists were, indeed, allowed to import all

"sufficient shipping and furniture of armour, weapons, ordinance, powder,

victual, and all other things necessary," without burdensome restraint;

but it was provided that if any goods should be shipped from England or

her dependencies "with pretence" to carry them to Virginia, and should

afterward be conveyed to foreign ports, the goods there conveyed and the

vessel containing them should be absolutely forfeited to his majesty, his

heirs and successors.

The lands held in the colonies were to be possessed by their holders

under the most favorable species of tenure known to the laws of the

mother-country. King James had never admired the military tenure entailed

upon England by the feudal system, and he had made a praiseworthy though

unsuccessful effort to reduce them all to the form of "free and common

soccage," a mode of holding land afterward carried into full effect under

Charles II, and which, if less pervaded by the knightly spirit of feudal

ages, was more favorable to the holder and more congenial with the

freedom of the English constitution. This easy tenure was expressly

provided for the lands of the new country; and it is a happy circumstance

that America has been little affected even by the softened bonds thus

early imposed upon her.

But how shall these colonial subjects be governed? and from whom shall

they derive their laws? These were questions to which the vanity and the

arbitrary principles of the King soon found a reply. Two councils were to

be provided, one for each colony, and each consisting of thirteen

members. They were to govern the colonists according to such laws,

ordinances, and instructions as should afterward be given by the King

himself, under his sign manual and the privy seal of the realm of

England; and the members of the council were to be "ordained, made, and

removed from time to time," as the same instructions should direct. In

addition to these provincial bodies a council of thirteen, likewise

appointed by the King, was to be created in England, to which was

committed the general duty of superintending the affairs of both

colonies.

And to prove the pious designs of a monarch whose religion neither

checked the bigotry of his spirit nor the profaneness of his language it

was recited in the preamble of this charter that one leading object of

the enterprise was the propagation of Christianity among "such people as

yet live in darkness and miserable ignorance of the true knowledge and

worship of God, and might in time be brought to human civility and to a

settled and quiet government."

Such was the first charter of James to the colony of Virginia. We will

not now pause to consider it minutely either for praise or for blame.

With some provisions that seem to be judicious, and which afterward

proved themselves to be salutary, it embraces the most destructive

elements of despotism and dissension. The settlers were deprived of the

meanest privilege of self-government, and were subjected to the control

of a council wholly independent of their own action, and of laws

proceeding directly or indirectly from the King himself. The Parliament

of England would have been a much safer depositary of legislative power

for the colonists than the creatures of a monarch who held doctrines

worthy of the Sultan of Turkey or the Czar of the Russian empire.

But all parties seemed well satisfied with this charter, and neither the

King nor the adventurers had before their minds the grand results that

were now giving birth. The patentees diligently urged forward

preparations for the voyage, and James employed his leisure hours in

preparing the instructions and code of laws contemplated by the charter.

His wondrous wisdom rejoiced in the task of acting the modern Solon, and

penning statutes which were to govern the people yet unborn; and neither

his advisers nor the colonists seemed to have reflected upon the enormous

exercise of prerogative herein displayed. The adventurers did not cease

to be Englishmen in becoming settlers of a foreign clime, and the charter

had expressly guaranteed to them "all liberties, franchises, and

immunities" enjoyed by native-born subjects of the realm. Even acts of

full Parliament bind not the colonies unless they be expressly included,

and an English writer of subsequent times has not hesitated to pronounce

this conduct of the royal law-maker in itself illegal (November 20th).

But James proceeded with much eagerness to a task grateful alike to his

vanity and his principles of government.

By these articles of instruction, the King first establishes the general

council, to remain in England, for the superintendence of the colonies.

It consisted originally of thirteen, but was afterward increased to

nearly forty, and a distinction was made in reference to the London and

Plymouth companies. In this body we note many names which were afterward

well known both in the interests of America and the mother-land.

Sir William Wade, lieutenant of the Tower of London; Sir Thomas Smith,

Sir Oliver Cromwell, Sir Herbert Croft, Sir Edwin Sandys, and others

formed a power to whom were intrusted many of the rights of the intended

settlement. They were authorized, at the pleasure and in the name of his

majesty, to give directions for the good government of the settlers in

Virginia, and to appoint the first members of the councils to be resident

in the colonies.

These resident councils thus appointed, or the major part of them, were

required to choose from their own body a member, not being a minister of

God's Word, who was to be president, and to continue in office for a

single year. They were authorized to fill vacancies in their own body,

and, for sufficient cause, to remove the president and elect another in

his stead; but the authority to "increase, alter, or change" these

provincial councils was reserved as a final right to the King.

The Church of England was at once established, and the local powers were

to require that the true word and service of God, according to her

teachings, should be preached, planted, and used, not only among the

settlers, but, as far as possible, among the sons of the forest.

The crimes of the rebellion, tumults, conspiracy, mutiny, and sedition,

as well as murder, incest, rape, and adultery, were to be punished with

death, without benefit of clergy. To manslaughter, clergy was allowed.

These crimes were to be tried by jury, but the president and council were

to preside at the trial--to pass sentence of death--to permit no reprieve

without their order, and no absolute pardon without the sanction of the

King, under the great seal of England.

But with the exception of these capital felonies, the president and

council were authorized to hear and determine all crimes and

misdemeanors, and all civil cases, without the intervention of a jury.

These judicial proceedings were to be summary and verbal, and the

judgment only was to be briefly registered in a book kept for the

purpose.

For five years succeeding the landing of the settlers, all the results of

their labor were to be held in common, and were to be stored in suitable

magazines. The president and the council were to elect a "cape merchant"

to superintend these public houses of deposit, and two clerks to note all

that went into or came out from them, and every colonist was to be

supplied from the magazines by the direction and appointment of these

officers or of the council.

The adventurers of the first colony were to choose from their number one

or more companies, each to consist of at least three persons, to reside

in or near London, and these were to superintend the general course of

trade between the mother-country and her distant daughter, and direct it

into such channels as would be most advantageous to both.

No person was to be admitted to reside in the colonies but such as would

take oath of obedience to the King, in the ample form provided for by a

statute passed early in the reign of James, and any rash offenders who

should attempt to withdraw from allegiance to his majesty was to be

imprisoned until reformation, or else sent to England, there to receive

"condign punishment."

The president and councils, or the major part of them, were empowered,

from time to time, to make, ordain, and constitute laws, ordinances, and

officers for the better government of the colony, provided that none of

these laws affected life or limb in the settlers. Their enactments were

also required to be, in substance, consonant to the jurisprudence of

England, and the King or the council in the mother-country was invested

with absolute power at any time to rescind and make void the acts of the

provincial councils.

As the colonists should increase in population and influence the King

reserves to himself the right to legislate for them; but condescends to

restrict his law-making energies to such action as might be "consonant to

the law of England or the equity thereof."

And to show his tender feelings toward the aborigines, whose lands he was

so deliberately appropriating to the use of his subjects, his majesty

requires that they shall be treated with all kindness and charity and

that all proper means should be used to bring them to "the knowledge of

God and the obedience of the King, his heirs and successors, under such

severe pains and punishments as should be inflicted by the respective

presidents and councils of the several colonies."

On these kindly ordinances the philosophic reader will not fail to

observe the impress of the man. The stern penalty of death visited the

crimes of rebellion and conspiracy, which aimed a blow at sovereign

power, and even the popular tumult, which kings have so much cause to

dread, was stilled by the same bloody monitor; yet arson and burglary

were left to the discretion of the councils. Adultery was punished with

death--a penalty never inflicted even in England, except during a time of

puritanic zeal, which offered God a service without knowledge. In the eye

of divine purity the offender, by this crime, may be the vilest of the

vile, but if the Redeemer of the world refused to denounce the punishment

of death against one taken in the act, it devolved not on this Scottish

Draco to render it a capital crime. The whole legislative power is vested

in the council, without any reference to the interests or the rights of

the people whom they were to govern, and the King retains absolute

control over the present and future laws of the colony, thus rendering

their great distance from his face the best protection they could have

against his tyranny. The trial by jury was required for capital felonies

and manslaughter; but all inferior offences and every civil interest,

however overwhelming in importance to the colonist, were to be summarily

decided upon by the provincial councils. In the same space it would have

been difficult to compress more absurd concession and of ruinous

restraint. The clause requiring all things to be held in common was

destructive of the most powerful stimulus that urges man to labor; the

semblance of mercy which forbade war upon the savages often held the hand

of the settler when raised in self-defence; and the church establishment,

forced by the arm of the law upon reckless adventurers, made religion a

hated bondage and the tithe-gatherer more odious than the author of evil.

But notwithstanding the defects and deformities of a charter which, in

modern times, would have been indignantly rejected as an invasion of the

rights of man, the London Company eagerly prepared for their proposed

scheme of settlement. Sir Thomas Smith was elected treasurer--a gentleman

who had amassed great wealth by merchandise, who was one of the assignees

under Raleigh's patent, and was soon afterward made governor of the East

India Company. Much has been said against him; but he was a man of public

spirit and expanded views, and urged forward the enterprise with his

influence and his contributions. The means of the company were at first

very limited; three ships only were prepared, the largest of which was of

not more than one hundred tons burden, and Christopher Newport was

selected for the command. He was a navigator of some renown, principally

derived from a voyage of destruction against the Spaniards in 1592; but

he was a vain and affected character, little calculated for decisive and

manly action. Instructions were prepared, but the King, with his

accustomed profundity of folly, directed that they should be sealed in a

box, and not opened until the voyagers arrived upon the coasts of

Virginia. In the vessels there embarked, beyond the regular crews, one

hundred five persons, to form the settlement. And it does not seem

extravagant to assert that Virginia has felt, through all her subsequent

history, the influence of these first settlers in giving a peculiar bias

to her population. Besides the six gentlemen intended for the council,

and Mr. Robert Hunt, a minister of the gospel, we find the names of more

than fifty cavaliers, who are carefully reckoned in the shipping list as

"gentlemen," and who were better fitted for the adventures of the

drawing-room than for the rude scenes of the American forest.

Disappointed in hope and reduced in fortune, these restless wanderers

sought the New World with desire for exciting adventure and speedy

wealth. Among them was George Percy, a member of a noble family and

brother to the Earl of Northumberland. In this singular band we note but

eleven professed laborers, four carpenters, one blacksmith, one

bricklayer, and one mason: but we are not surprised to find a barber to

aid in making the toilet of the "gentlemen," a tailor to decorate their

persons, and a drummer to contribute to their martial aspirations!

Thus prepared with the elements of a refined colony, Newport set sail

from Blackwall, December 19, 1606. Adverse winds kept him long upon the

coast of England, and with disappointment came discord and murmuring

among the voyagers. The preacher suffered with weakening disease, but his

soothing counsels alone preserved peace among this wild company. Instead

of following Gosnold's former voyage immediately across the Atlantic,

they sailed by the Canaries and West Indies; and while in full route, the

dissensions among the great men raged so furiously that Captain John

Smith was seized and committed to close confinement on the false charge

that he intended to murder the council and make himself King of Virginia.

Arriving at length near the coast of America, their false reckoning kept

them in suspense so alarming that Ratcliffe, commander of one of the

barks, was anxious to bear away again for England.

But heaven, by its storms, contributed more to the settlements of

Virginia than men by their infatuated counsels (1607). A furious tempest

drove them all night under bare poles, and on April 26th they saw before

them the broad inlet into the Bay of Chesapeake. The cape to the south

they honored with the name of Henry, from the Prince of Wales, a noble

youth, whose character gave the fairest promise of a career of

high-souled action, whose love to Raleigh was only succeeded by his

father's hatred, and whose early death gave England cause for unaffected

mourning. The northern headland was called Charles, from the King's

second son, who afterward succeeded to his throne.

As they passed the first cape a desire for recreation possessed them--and

thirty, without arms, went on shore; but they were soon attacked by five

savages, and two of the English were dangerously hurt. This inhospitable

treatment promised but little for future peace. The sealed box was now

opened, and it was found that Bartholomew Gosnold, John Smith, Edward

Maria Wingfield, Christopher Newport, John Ratcliffe, John Martin, and

George Kendall were named as members of the Provincial Council.

Sailing leisurely up the beautiful expanse of water to which the Indians

had given a name that Europeans have never violated, the voyagers were

charmed with the prospect before them. The season was mild, and nature

had fully assumed that emerald robe of spring. On either side the distant

land presented a scene of tranquil verdure, upon which the eye might

rejoice to repose. The noble bay received into its bosom the waters of

many broad streams, which descended from the highlands faintly visible in

the dim horizon. Green islands saluted them at times as they advanced and

invited their approach by their peaceful loveliness.

At length they reached the mouth of the magnificent river, that tempted

them too strongly to be resisted. This was the "Powhatan" of the Indians;

and no true lover of Virginia can cease to deplore the change which

robbed this graceful stream of a title pregnant with all the associations

of Indian valor and of the departed glory of their empire, and bestowed a

name that can only recall a royal pedant and a timid despot!

Seventeen days were employed in searching for a spot suited to a

settlement (May 13th). At length they selected a peninsula, on the north

side of the river, about forty miles from its mouth, and immediately

commenced the well-known city of Jamestown.

A commendable industry seems at first to have prevailed. The council

contrived a fort, the settlers felled the trees, pitched their tents,

prepared gardens, made nets for the fish which abounded in the river, and

already began to provide clapboards to freight the ships on their return

to England.

But these fair promises of good were destined to a speedy betrayal.

Already discord prevailed in their counsels, and a flagrant act of

injustice had been committed, which soon recoiled upon the heads of its

authors. We have heretofore mentioned the name of John Smith among the

persons nominated for the council, and have spoken of the violent

imprisonment to which he was subjected during the outward voyage.

Jealousy of his merit and commanding talents did not stop at this point.

He was excluded from his place in the council, and an entry was made in

their records detailing the alleged reason for this act.

John Smith is the hero of the romantic destinies that attended the early

life of Virginia; and the historian who would attempt to tell of her

fortunes and yet neglect his story would be recreant to his trust.

Nations have generally owed their brightest days of power or of happiness

to the genius of a single person--directing their energies, subduing

their follies, enlightening their seasons of early ignorance. Assyria has

had her Semiramis, China her Confucius, Arabia her Mahomet, England her

Alfred; and were we required to point to the man to whom America is

principally indebted for the care of her infant years, we would not

hesitate to name the heroic spirit who now appears before us.

His talent for command excited the mean jealousy of inferior souls, only

that his merit might appear brighter by contrast. If we have aught to

urge against him, it is that he met the treachery of the Indians with a

severe spirit, but too much akin to that of the Spaniards in the South.

Yet we cannot reproach him with undeserved cruelty or with deliberate

falsehood, and the stern demands of his circumstances often rendered

inevitable acts which would otherwise have been ungrateful to his soul.

When the council was constituted, Edward Maria Wingfield was elected

president--a man who always proved an inveterate enemy to Smith, and who

speedily attracted the hatred even of his accomplices by his rapacity,

his cowardice, and his selfish extravagance. Smith demanded a trial, but

the council feared to trust their wretched charge to an impartial jury,

and pretended, in mercy to him, to keep him under suspension. But their

own incompetence soon brought his talents into demand. He accompanied

Newport upon an exploring voyage up the river, and ascended to the

residence of King Powhatan, a few miles below the falls, and not far from

the spot now occupied by the city of Richmond. The royal seat consisted

of twelve small houses, pleasantly placed on the north bank of the river,

and immediately in front of three verdant islets. His Indian majesty

received them with becoming hospitality, though his profound

dissimulation corresponded but too well with the treacherous designs of

his followers. He had long ruled with sovereign sway among the most

powerful tribes of Virginia, who had been successively subdued by his

arms, and he now regarded with distrust the event of men whom his

experience taught him to fear and his injuries to detest.

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