1677-1681.
Failure of the Charter--Sir William Berkley's Proclamation
revoked--Ludwell's Quarrel with Jeffreys--Jeffreys dying is
succeeded by Sir Henry Chicheley--Culpepper, Governor-in-Chief,
arrives--His Administration--He returns to England by way of
Boston.
THE agents of Virginia, in 1675, had strenuously solicited the grant of
a new charter, and their efforts, though long fruitless, seemed at
length about to be crowned with success, when the news of Bacon's
rebellion furnished the government with a new pretext for violating its
engagements. By the report of the committee for plantations, adopted by
the king in council, and twice ordered to be passed into a new charter
under the great seal, it was provided, "that no imposition or taxes
shall be laid or imposed upon the inhabitants and proprietors there, but
by the common consent of the governor, council, and burgesses, as hath
been heretofore used," reserving, however, to parliament the right to
lay duties upon commodities shipped from the colony. The news of the
rebellion frustrated this scheme; the promised charter slept in the
Hamper[326:A] office; and the one actually sent afterwards was meagre
and unsatisfactory. Colonel Jeffreys, successor to Berkley, effected a
treaty of peace with the Indians, each town agreeing to pay three arrows
for their land, and twenty beaver skins for protection, every year. He
convened an assembly at the house of Captain Otho Thorpe, at Middle
Plantation, in October, 1677, being the twenty-ninth year of Charles the
Second. William Traverse was speaker, and Robert Beverley clerk. The
session lasted for one month. According to instructions given to Sir
William Berkley, dated in November, 1676, the governor was no longer
obliged to call an assembly yearly, but only once in two years, and the
session was limited to fourteen days, unless the governor should see
good cause to continue it beyond that time; and the members of the
assembly were to be elected only by freeholders. During this session
regulations were adopted for the Indian trade, and fairs appointed for
the sale of Indian commodities; but the natives being suspicious of
innovations, these provisions soon became obsolete.
In 1677 Colonel Nathaniel Bacon, Sr., by a warrant from the treasury in
England, was appointed auditor of the public accounts. At this time
Colonel Norwood was treasurer, but the governor and council, from
motives of economy, united his office with that of auditor.
It has before been mentioned that the king, by proclamation in 1677,
revoked and abrogated Sir William Berkley's proclamation of February of
the same year, as containing "an exception and exclusion from pardon of
divers and sundry persons in his said proclamation named, for which he
hath no ground or authority from our foresaid proclamation, the same
being free and without exception of any person besides the said
Nathaniel Bacon, who should submit themselves according to the tenor of
our said proclamation."[327:A]
This appears to be unjust to the governor; for the words of the king's
proclamation of October are: "And we do by these presents give and grant
full power and authority to you, our said governor, for us and in our
name to pardon, release, and forgive unto all such our subjects (other
than the said Nathaniel Bacon) as you shall think fit and convenient for
our service, all treasons, felonies," etc., evidently investing the
governor with discretionary powers. The capitulation agreed upon with
Ingram and Walklet, at West Point, appears to have been violated by
Governor Berkley and the assembly. Colonel Philip Ludwell, alleging that
he had suffered loss by Walklet's incursions, sued him in New Kent
for damages. The defendant appealing to Jeffreys, he granted him a
protection. Whereupon, Ludwell declared that "the governor, Jeffreys,
was a worse rebel than Bacon, for he had broke the laws of the country,
which Bacon never did; that he was perjured in delaying or preventing
the execution of the laws, contrary to his oath of governor; that he was
not worth a groat in England; and that if every pitiful little fellow
with a periwig that came in governor to this country had liberty to make
the laws, as this had done, his children, nor no man's else, could be
safe in the title or estate left them." Jeffreys having laid these
charges and criminations before the council, they submitted the case to
a jury who found Ludwell guilty. The matter was referred to the king in
council; and in the mean while the accused was compelled to give
security in the penalty of a thousand pounds, to abide the determination
of the case, and five hundred for his good behavior to the governor.
Westmoreland was the only county that declared that it had no grievances
to complain of, and the sincerity of this declaration may well be
doubted. Accomac claimed as a reward for her loyalty an exemption from
taxation for a period of twenty years. A letter, bearing date December
the 27th, 1677, addressed by the king to Jeffreys, informed him that
Lord Culpepper had been appointed governor, but that while he (Jeffreys)
continued to perform the duties of the office, he should be no loser,
and stating the arrangement which had been made as to the payment of
their salaries. Jeffreys dying in December, 1678, was succeeded by the
aged Sir Henry Chicheley, deputy governor, who entered upon the duties
on the thirteenth of that month, his commission being dated February
28th, 1674.
Thomas, Lord Culpepper, Baron of Thorsway, had been appointed in July,
1675, governor of Virginia for life--an able, but artful and covetous
man.[328:A] He had been one of the commissioners for plantations some
years before. He was disposed to look upon his office as a sinecure, but
being reproved in December, 1679, by the king for remaining so long in
England, he came over to the colony in 1680, and was sworn into office
on the tenth of May. He found Virginia tranquil. He brought over several
bills ready draughted in England to be passed by the assembly, it being
"intended to introduce here the modes of Ireland."[329:A] His lordship
being invested with full powers of pardon, found it the more easy to
obtain from the people whatever he asked. After procuring the enactment
of several popular acts, including one of indemnity and oblivion, he
managed to have the impost of two shillings on every hogshead of tobacco
made perpetual, and instead of being accounted for to the assembly, as
formerly, to be disposed of as his majesty might think fit. Culpepper,
notwithstanding the impoverished condition of the colony, contrived to
enlarge his salary from one thousand pounds to upwards of two thousand,
besides perquisites amounting to eight hundred more. After the
rebellion, the governor was empowered to suspend a councillor from his
place. It was also ordered, that in case of the death or removal of the
governor, the president, or oldest member of the council, with the
assistance of five members of that body, should administer the
government until another appointment should be made by the crown.[329:B]
In the year 1680 Charles the Second granted to William Blathwayt the
place of surveyor and auditor-general of all his revenues in America,
with a salary of five hundred pounds to be paid out of the same,
Virginia's share of the salary being one hundred pounds.
In August of this year, Lord Culpepper returned to England, by way of
Boston, in the ship "Betty," belonging to Jervis, who married the widow
of Nathaniel Bacon, Jr., (a cousin of Culpepper,) Jervis being also a
passenger. Elizabeth, or Betty, was the Christian name of Bacon's widow.
The vessel having run aground in the night, his lordship landed on the
wild New England shore, one hundred and thirty miles from Boston, with
two servants, each carrying a gun, and made his way twenty miles to
Sandwich, where he was furnished with horses and a guide, and so reached
Boston, where the Betty arrived ten days thereafter. In a letter, dated
September the twentieth, addressed to his sister, he mentions that he
has with him, "John Polyn, the cook, the page, the great footman, and
the little one that embroiders." The Betty conveyed soldiers, servants,
plate, goods, and furniture. Culpepper was received at Boston by twelve
companies of militia; and was well pleased with the place, "finding no
difference between it and Old England, but only want of company."[330:A]
Virginia now enjoyed repose, and large crops of tobacco were raised, and
the price again fell to a low ebb. The discontents of the planters were
aggravated by the act "for cohabitation and encouragement of trade and
manufacture," restricting vessels to certain prescribed ports where the
government desired to establish towns.
In the year 1680 Charleston was founded, the metropolis of the infant
colony of South Carolina. By the grant of Pennsylvania, made by Charles
the Second to William Penn, dated in March, 1681, Virginia lost another
large portion of her territory.
FOOTNOTES:
[326:A] Hening, ii. 531; Hamper, _i.e._ Hanaper.
[327:A] The direction of this proclamation is as follows: "To our trusty
and well-beloved Herbert Jeffreys, Esq., Lieutenant-Governor, and the
council of our colony and plantation of Virginia in the West Indies."
[328:A] Account of Va. in Mass. Hist. Coll., first series, v. 142.
[329:A] Chalmers' Introduction, i. 164.
[329:B] In 1678 the vestry at Middle Plantation determined to erect a
brick church, the former one being of wood.
[330:A] Va. Hist. Reg., iii. 189.