CHAPTER XLIII.

1696-1698.

State and Condition of Virginia--Exhausting Agriculture--

Depression of Mechanic Art--Merchants--Current Coin--Grants of

Land--Powers of Governor--The Council--Court of Claims--County

Courts--General Court--Secretary, Sheriffs, Collectors, and

Vestries--Revenue--The Church.

THE following statistical account of Virginia appears to have been

reported by Lord Culpepper, in 1781, to the Committee of the colonies.

It is to be found in the Historical Collections of Massachusetts,[349:A]

the manuscript having been communicated by Carter B. Harrison, Esq., of

Virginia, by the hands of the Rev. John Jones Spooner, corresponding

member. The picture is harsh, but drawn by a vigorous hand, without

fear, favor, or affection.

In point of natural advantages Virginia was surpassed by few countries

on the globe, but in commerce, manufactures, education, government in

church and state, was one of the poorest and most miserable. The staple

tobacco swallowed up every thing, so that the markets were often glutted

with bad tobacco, which became a mere drug, and would not pay freight

and customs. Perhaps not one hundredth part of the land was yet cleared,

and none of the marsh or swamp drained. As fast as the soil was worn out

by exhausting crops of tobacco and corn, it was left to grow up again in

woods. The plough was not much used, in the first clearing the roots and

stumps being left, and the ground tilled only with hoes, and by the time

the stumps were decayed the ground was worn out. Manure was neglected.

Of grain the planters usually raised only enough for home consumption,

there being no market for it, and scarce any money. But their main labor

in this crop being in the summer, they fell into habits of indolence

for the rest of the year. The circumstances of the country, destitute of

towns, and consisting of dispersed plantations, were unfavorable for

mechanics, then called tradesmen. The depression of this useful and

important class although lessened, continues in the present day, and

appears to be inevitably connected with the system of negro slavery. It

is a tax paid by the whites for the elevation of the black race. The

merchants were the most prosperous class in the colony, but they labored

under great disadvantages, being obliged to sell on credit, and to carry

on "a pitiful retail trade," and to depend on the receivers who went

about among the planters to receive the tobacco due, and this mode of

collecting was subject to great delays and losses. The native-born

Virginians, who for the most part had never been out of the colony, were

averse to town life, and felt dissatisfied, like Daniel Boone in more

modern times, whenever "the settlements became too thick." The scarcity

of money was aggravated by the governor, who found it to his interest to

be paid in tobacco. The current coin of the dominion of Virginia

consisted of pieces of eight, the value of which was fixed by law at

five shillings; and the value being made greater in Pennsylvania money,

they were consequently drained from Virginia, as at the present day gold

and silver are ostracised by a depreciated paper currency.

The method of settling the colonial territory was by the king's grant of

fifty acres to every actual settler, but this rule was evaded and

perverted in various ways, and rights for that quantity of land could

easily be purchased from the clerks in the secretary's office at from

one to five shillings each. The powers of the governor were extensive;

he was a sort of viceroy, being commander-in-chief and vice-admiral,

lord treasurer in issuing warrants for the paying of moneys, lord

chancellor or lord keeper as passing grants under the colony's seal,

president of the council, chief justice of the courts, with some powers

of a bishop or ordinary. The governors managed to evade the king's

instructions, and by official patronage to silence the opposition of the

council, and even to hold the burgesses in check. The governor and

councillors were all colonels and honorable, and their adherents

monopolized the offices. The governor's salary was for many years one

thousand pounds per annum, to which the assembly added perquisites,

amounting to five hundred more, and a further addition of two hundred

pounds was made to Sir William Berkley's salary, making the whole salary

seventeen hundred pounds. The council, in effect the creatures and

clients of the governor, being appointed at his nomination, and

receiving office and place from him, had the powers of council of state,

(in case of vacancy of the governor the oldest of them _ex officio_

acting as president _ad interim_,) of upper house of assembly or house

of lords, in the general court of supreme judges, and as colonels,

answering to the English lord-lieutenants of counties. The councillors

were also naval officers in the customs department, collectors of the

revenue, farmers of the king's quit-rents; out of the council were

chosen the secretary, auditor, and escheators; the councillors were

exempt from arrests, and had a compensation of three hundred and fifty

pounds divided among them, according to their attendance. They met

together after the manner of the king and council. Their clerk received

fifty pounds per annum salary, besides perquisites. The office of

collector, held by members of the council, was indeed incompatible with

their office of judge, and their office of councillor unfitted them for

auditing their own accounts as collectors, and in different capacities

they both bought and sold the royal quit-rents.[351:A]

Upon the election of burgesses there was commonly held a court, called a

court of claims, where all who had any claims against the public might

present them to the burgesses, together with any propositions or

grievances, "all which the burgesses carry to the assembly." There was

at that early day much confusion in the laws, and it was difficult to

know what laws were in force and what were not. All causes were decided

in the county court or in the general court. The county court consisted

of eight or ten gentlemen, receiving their commission from the governor,

who renewed it annually. They met once a month, or once in two months,

and had cognizance of all causes exceeding in value twenty shillings, or

two hundred pounds of tobacco. These country gentlemen, having no

education in law, not unfrequently fell into mistakes in substance and

in form. The insufficiency of these courts was now growing more apparent

than formerly, since the old stock of gentry, who were educated in

England, were better acquainted with law and with the business of the

world than their sons and grandsons, who were brought up in Virginia,

and commonly knew only reading, writing, and arithmetic, and were not

very proficient in them.

The general court, so called because it had jurisdiction of causes from

all parts of the colony, was held twice a year, in April and October, by

the governor and council as judges, at Jamestown. This court was never

commissioned, but grew up by custom or usurpation; from it there was no

appeal, except in cases of over three hundred pounds sterling value, to

the king, which was for most persons impracticable, on account of the

distance and the expensiveness. Virginia appears to have been the only

colony where the executive constituted the supreme court. The general

court tried all causes of above sixteen pounds sterling, or sixteen

hundred pounds of tobacco in value, and all appeals from the county

courts, and it had cognizance of all causes in chancery, in king's

bench, the common pleas, the exchequer, the admiralty, and spirituality.

The forms of proceeding in the general court were quite irregular. The

duties of the secretary were as multifarious as those of the governor;

it was, however, for the most part a sinecure, the business being

performed by a clerk, styled the clerk of the general court, who also

employed one or two clerks under him. The secretary, who was properly

the clerk of the court, yet sate as judge of that court.

The governor signed all patents or deeds of land, and there was a

recital in them that he granted the land "by and with the consent of the

council," yet the patents were never read by the governor, nor did the

council take any notice of them. He likewise countersigned the patents

after the words "compared, and agrees with the original," yet the

secretary never read or compared them, and indeed the patent which he

signed was itself the original. "Men make laws, but we live by custom."

The sheriffs collected all money duties. The auditor audited the

accounts of the collectors, and was receiver-general of all public

moneys. The parish levy, for the support of the church and of the poor,

was assessed by the vestry, about the month of October, when tobacco was

ready; the whole amount assessed was divided by the number of tithables

of the parish, and collected from the heads of families. The county levy

for county expenses was assessed by the justices of the peace, and the

sum divided by the number of tithables in the county. The public levy

was assessed by the assembly for the general expenses of the colony, and

the sum was divided by the number of tithables in the colony, amounting

in the year 1690 to about twenty thousand. The three levies were all

collected by the sheriffs; they averaged about one hundred pounds of

tobacco for each tithable, the aggregate amounting to two millions of

pounds per annum.

The revenues and customs that came into the auditor's hands were of four

kinds: First, the quit-rents, being one shilling per annum on every

fifty acres of land, payable in tobacco, at one penny per pound, or

twenty-four pounds of tobacco for every hundred acres. In the Northern

Neck, lying between the Potomac and Rappahannock, the quit-rents were

paid by the heirs of Lord Culpepper. The tobacco due for quit-rents was

sold by the auditor to the several members of the council, who paid for

it in money, or bills of exchange, according to the quantity. The

quit-rent revenue amounted to about eight hundred pounds sterling per

annum. The second source of revenue consisted of two shillings per

hogshead, export duty, on tobacco, and fort duties, being fifteen pence

per ton on all vessels arriving. These amounted to three thousand pounds

sterling per annum. Ten per cent. of this amount was paid to masters of

vessels, to induce them to give a true account. The collectors received

ten per cent. for collecting, and the auditor seven per cent. The third

source of revenue was one penny per pound upon tobacco exported from

Virginia to any other English plantation in America. This, as has been

mentioned, was, in 1692, granted to the college of William and Mary. The

college paid for collecting it no less than twenty per cent., and to the

auditor five per cent. The nett proceeds were worth one hundred pounds

annually. The fourth source of revenue was any money duty that might be

raised by the assembly.

The governor was lieutenant-general, the councillors lieutenants of

counties, with the title of colonel, and in counties where no councillor

resided, some other person was appointed, with the rank of major. The

people in general professed to be of the Church of England. The only

dissenters were three or four meetings of Quakers and one of

Presbyterians. There were fifty parishes, and in each two, and sometimes

three, churches and chapels. The division of the parishes was unequal

and inconvenient. The governor had always held the government of the

church, as of everything else, in his hands. Ministers were obliged to

produce their orders to him, and show that they had been episcopally

ordained. The power of presentation was, by a colonial law, in the

vestry, but by a custom of hiring preachers by the year, it came to pass

that presentation rarely took place. The consequence was that a good

minister either would not come to Virginia, or if he did, was soon

driven away by the high-handed proceedings of the vestry. The minister

was obliged to be careful how he preached against the vices that any

great man of the vestry was guilty of, else he would be in danger of

losing his living at the end of the year. They held them by a precarious

tenure, like that of chaplains; they were mere tenants at sufferance.

There were not half as many ministers in Virginia as parishes. The

governor connived at this state of things. The minister's salary was

sixteen thousand pounds of tobacco per annum. King Charles the Second

gave the Bishop of London jurisdiction over the church in the

plantations, in all matters except three, viz.: marriage licenses,

probates of wills, and induction of ministers, which were reserved to

the governor. The bishop's commissary made visitation of the churches

and inspection of the clergy. He received no salary, but was allowed, by

the king, one hundred pounds per annum out of the quit-rents.[355:A]

FOOTNOTES:

[349:A] First Series, v. 124.

[351:A] The council, in the time of Governor Andros, consisted of Ralph

Wormley, collector and naval officer of Rappahannock River; Colonel

Richard Lee, collector and naval officer of upper district of Potomac

River--these two having been appointed while Sir William Berkley was

governor; Colonel William Byrd, who was appointed auditor during Lord

Culpepper's administration; Colonel Christopher Wormley, collector and

naval officer of the lower district of the Potomac River, appointed

while Lord Effingham was governor; Colonel Edward Hill, collector and

naval officer of upper district of James River; Colonel Edmund Jennings,

collector and naval officer of York River--these two being appointed in

Lord Effingham's time; Colonel Daniel Parke, collector and naval officer

of the lower district of James River, and escheator between York and

Rappahannock Rivers; Colonel Charles Scarburgh, collector and naval

officer on the Eastern Shore, and Mr. John Lightfoot, who had lately

arrived in the country--these last four appointed while Sir Edmund

Andros was governor.

[355:A] Account of Va., in Mass. Hist. Coll., first series.

History of the Colony and Ancient Dominion of Virginia · 第 18 / 76 章