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XI

The years of slavery. Dale regarded himself as an agent of the company. His aim was by hook or crook to make the hitherto unprofitable colony pay dividends to the shareholders, who were his employers. His relation to the emigrants was that of a taskmaster; one might, perhaps, more fitly call him a slave-driver. Instead of seeking to render the colony self-supporting by clearing corn ground, he gave his first attention to lading vessels with sassafras root, then much prized as a medicine, and cedar timber, valued especially for its odor.

During a part of Dale's time eight or nine ounces of meal and half a pint of peas was the daily ration. Briefe Declaration. Percy to Northumberland, Hist. MS., Commission, Rept., iii, 53, 54. In their declaration, made some years afterward, the surviving colonists aver that both the meal and the peas were "moldy, rotten, full of cobwebs and maggots, loathsome to man and unfit for beasts." Better men than these might have been driven to mutiny by the enforced toil and bad food. And mutiny and desertion were usually but other names for suicide under the rule of the pitiless high marshal. Some fled to the woods, hoping to reach a mythical Spanish settlement believed to be not very far away. Dale set the Indians on them, and they were brought back to be burned at the stake. Others, who in desperation or deadly homesickness resolved to venture their lives in a barge and a shallop "for their native country," suffered in various ways for their temerity. Death by shooting or hanging was clemency. One offender was put to death by the awful torture of breaking on the wheel, a penalty that Dale may have learned during his stay on the Continent. Taylor, the water poet, has left us the sickening details of such an execution in Germany in 1616. Observations and Travel from London to Hamburgh, p. 13. One need not waste any sympathy on those who were hanged for stealing to satisfy hunger; death is more merciful than life to men in such a case. But one poor rogue, who thought to better his rations by filching two or three pints of oatmeal, had a bodkin run through his tongue and was chained to a tree until he perished of hunger. Though these things were twice attested by the best men in the colony, one prefers to make some allowance for their passionate resentment, and to hope that some of the horrors related are exaggerated. It is hard to believe, for example, that men unable to work were denied food, and left to creep away into the wretched burrows in the ground used for shelter, there to die unregarded in the general misery.

In 1612 a company of ten men sent out to catch fish braved the perils of the ocean in a little bark and got back to England. It was the only escape from Dale's tyranny, pitiless and infernal. "Abandon every hope who enter here" was almost as appropriate to the mouth of the James River as to the gate of Dante's hell. All letters of complaint sent to England were intercepted, and all efforts of friends of the colonists in England to succor or rescue them were thwarted by the company in London. Briefe Declaration. The king's pass to one of the colonists authorizing him to leave Virginia was sent to him by his friends closely made up in a garter, to avoid the vigilance of Sir Thomas Dale.

Dale's services. Dale's administration was strongest on its military side. There was no danger that the Indians would reduce the colony to any straits while he was in charge. He gave his first attention to fortification, and he even begged for two thousand convicts out of English jails to form a line of posts from Hampton to a point a hundred miles above Jamestown. He sent Argall all the way to Mount Desert to plunder a Jesuit settlement and make prize of a French ship – an undertaking congenial to Dale's military temper and the Viking tastes of Argall. As his experience increased, Dale came to understand that other than military measures were needed to found a colony, though he never more than half comprehended the elements of the problem. In his later time he cleared more corn ground, and he could boast at his departure that Virginia contained six horses, a hundred and forty-nine neat cattle, two hundred and sixteen goats, and hogs without number. Dale set off a private garden of three acres of land to each of the old planters, on the condition that they should provide food for themselves while still giving nearly all of their time to the service of the common stock. Even this slave's-patch of private interest given to only a fraction of the colonists put some life into Virginia; but two thirds of the people were retained in the old intolerable bondage, and not even the most favored secured personal ownership of land. Dale's administration was remembered as "the five years of slavery." 17

XII

Dale's return. The rough-handed soldier from the Low Countries had indeed brought the Virginia chaos into order, but it was an order almost as deadly as the preceding anarchy. Dale confessed that the government of Virginia was "the hardest task he had ever undertaken," and he got himself out of it after five years by making a theatrical return to England in 1616 with a train of Indians, including the "Princess" Pocahontas, converted, baptized with a Christian name as Rebecca, and wedded to an Englishman. Note 10. He added glowing reports of the country, and proved all by exhibiting "at least sixteen several sorts of staple commodities to be raised in this plantation." For greater effect, samples of twelve of these products of the colony were sold by public auction in the open court of the company. Though Dale could show many commodities, some of which have never flourished in Virginia since his time, he left behind him not an established community, but a mere camp of unhappy men retained in the country by the sheer impossibility of getting away. 18 After nine years of suffering, Virginia consisted of some three hundred and twenty-six men, twenty-five women and children, and graves outnumbering many times over all the living souls.

Three things had been discovered in Dale's time that were of importance to the colony. Dale had by personal experiment learned the two fishing seasons in the James River. The colonists had begun the profitable cultivation of tobacco, and the economic success of the colony was thereby assured. Lastly, even Dale's small experiment with private interest rendered the apportionment of the land and the establishment of private ownership certain to come in time. As early as 1614 it was estimated that three men working for themselves raised more corn than ten times as many when the labor was for the public stock. 19

XIII

Argall's government. Captain Argall, who succeeded Sir Thomas Dale, was a bold and notable mariner. He had built the first Virginia vessel; he had traded with the Indians for corn with as much enterprise and address as Captain Smith had shown; he had in a small ship called the Dainty made the first experimental voyage to James River by the westward route, avoiding the long circuit by the Canaries and West Indies. It had been his fortune to be the first Englishman to see the American bison, which he found near the Potomac. He it was who by a shrewd trick had captured Pocahontas and held her as hostage; and he drove the French out of Maine, despoiling their settlement at Mount Desert. To a mastery of all the arts that make the skillful navigator he added the courteous politeness of a man of the city and the unfaltering rapacity of a pirate. As governor, he robbed the company with one hand and the hapless colonists with the other. While using the ships and men of the colony to carry on the Indian trade, he turned all the profits of it into his own wallet. The breeding animals of the colony accumulated by Dale he sold, and made no account of the proceeds. There was hardly anything portable or salable in Virginia that he did not purloin. He even plundered the property of Lady De la Warr, the widow of his predecessor. He boldly fitted out a ship belonging to Lord Rich, and sent an expedition of sheer piracy to the West Indies under an old letter of marque from the Duke of Savoy. When advices from England warned Argall that his downfall was imminent, he forthwith redoubled his felonious diligence. Lord Rich's intrigue. His chief partner in England was Lord Rich, who became the second Earl of Warwick in 1619, about the time of Argall's return, and who is known to history in his later character as a great Puritan nobleman, who served God while he contrived to better his estate with both hands by such means as troublous times put within his reach. He was not content with small pickings. Rich appears to have aimed at nothing less than wrecking the company and securing the land and government of Virginia. 20 The first step toward this was to get a charter for a private or proprietary plantation within Virginia which should be exempt from all authority of the company and the colony. This independent government was to serve as a refuge from prosecutions for Argall and other piratical agents, and at last to possess itself of the wreck and remainder of Virginia. The second step in this intrigue was one that could have availed nothing in any time less respectful to shadowy technicalities and less prone to legal chicanery than that of James I. As we have seen, jealousy was excited in Virginia by the possibility of Captain Smith's wedding Pocahontas and setting up a claim to authority based on her inheritance from Powhatan. Stith, 142. A tradition lingered in Virginia a hundred years later that King James questioned Rolfe's right to intermarry with a foreign princess without the consent of his sovereign. If this had any foundation, it grew out of the value of a pretext in a time of technicality and intrigue. There may have been already a scheme to trade upon the hereditary right of Powhatan's daughter. Pocahontas died in England, leaving an infant son. Argall, on his arrival, hastened to notify the company that Opechankano, the brother and successor of Powhatan, had resolved not to sell any more land, but to reserve it for the son of Pocahontas when he should be grown. The company charged that this was a ruse to serve the ends which Argall, Rich, and others had in view. The larger plan miscarried, but Argall found his prey so tempting that he lingered longer than was safe, and got away in the nick of time by the aid of Lord Rich, who had stood guard like a burglar's pal, and who contrived to delay the ship carrying out the new governor until a small swift-sailing vessel could be sent to fetch away Argall and his varied booty of public and private plunder. The Companie's root of difference. MS. Rec. Va. Co., May 7, 1623. In that day justice often went by favor, and Argall consigned his spoils to hands so powerful that the Virginia Company, stripped bare by his treacherous villainy, could never recover any of its lost property. MS. Rec. Va. Co., passim. The embittered colonists had the bootless satisfaction of sending over after the runaway governor twenty-four bundles of accusatory depositions.

XIV

Fall of the lottery. From the first nobody reaped any profit from investments made in the new colony except the clique of merchants who had been allowed to sell wretched supplies for the distant settlers at ruinous rates. Rich and those interested with him had abundantly reimbursed themselves for all outlays on their part. The Virginia Company, swindled by commercial peculators at home, robbed by a pirate governor in America, and embarrassed by Spanish intrigues at the English court, had also been deprived of the lotteries, large and small, which had supplied money for sending eight hundred emigrants to Virginia. The lottery, which had fallen into great disrepute and had suffered "many foul aspersions," was abolished in compliance with a public sentiment. 21 The company was tottering swiftly to a fall; vultures like Warwick were waiting longingly for its death.

Revival of interest, 1618. But there set in once more a widespread patriotic movement in its behalf. Such movements were characteristic of that vital age when love of country was fast coming to count for more as a motive to action than loyalty to the person of a prince. "Divers lords, knights, gentlemen, and citizens, grieved to see this great action fall to nothing," came to its rescue with one final effort which resulted after some years in putting the enterprise well beyond the danger of failure. They formed auxiliary societies within the Virginia Company, after the custom of corporations in that day. Each of these undertook to plant a settlement or "hundred." In one year the population rose from less than four hundred to about a thousand. The newly active element infused a more liberal spirit into the company, and set about correcting the abuses in its management.

XV

The Great Charter, 1618. The movement of 1618 was retarded by the disgrace into which the colony had fallen. An unbroken series of misfortunes and disappointments, the bad conduct of the company's affairs, the ill fame of Dale's remorseless tyranny, and the fresh Argall scandal, had made Virginia odious. Pub. Rec. Off. Col. Papers, iii, 40. Disc. of the Old Va. Co. One convict to whom the alternative was proposed, chose hanging in preference to transportation to Virginia. It was needful that something should be done to restore credit. The men who took the lead in the patriotic movement of 1618 on behalf of Virginia were mainly liberal statesmen – that Earl of Southampton who is known as the friend of Shakespeare; Sir Edwin Sandys, one of the greatest men of a great age, whose brave support of popular liberty had lost him the favor of the king; Sir John Danvers, and others. The records before the election of Sandys in 1619 were probably destroyed to conceal the guilt of the managers. We can only conjecture that the rising influence of the men who were able a few months later to overthrow the ruling party had much to do with the most notable change that took place in the conduct of affairs in the Virginia Company at this time. On the 13th of November, 1618 – memorable but neglected and forgotten date – the Virginia Company, acting within the powers conferred on it by its charter, granted to the residents in Virginia a document styled a "Great Charter or Commissions of Priviledges, Orders, and Lawes." No copy of this instrument now exists, but some of its provisions have been preserved. It established a legislative body, to consist of councilors of estate and of representatives or burgesses chosen by the several "plantations" or hundreds, and it limited the power of the governor. This charter was the starting point of constitutional government in the New World. It contained in embryo the American system of an executive power lodged mainly in one person, and a Legislature of two houses. One might without much exaggeration call this paper a sort of Magna Charta of America, and it was a long and probably a deliberate step toward popular government. 22 If the results that have followed it be considered, it can hardly be accounted second in importance to any other state paper of the seventeenth century.

XVI

Division of land. Not only did this admirable charter establish a representative form of government and do away with martial law, but it fairly launched the Virginians on the current of freedom and advancement by authorizing a liberal division of land to all those who had arrived before the departure of Sir Thomas Dale. 23 The oldest land titles in Virginia are deduced from the authority of the Great Charter of 1618. Aspinwall Papers, p. 14, note. Communism, pernicious everywhere, is at its worst in an infant settlement. True Declaration, p. 25. "Every man sharked for his own bootie," says a writer on Virginia in 1609, "but was altogether careless of the succeeding penurie." The distribution of land abolished the common stock system of labor, and opened a pathway to the ambition of the diligent.

The good news in Virginia. Tidings of the great change wrought in their condition and prospects by the new charter reached the dwellers on the James River in the spring of 1619, and the colonists were "ravished with so much joy" that they felt themselves "now fully satisfied for their long labors and as happy men as there were in the world." Note 17. They valued their liberties as no man can who has not known the bitterness of bondage, and in 1623, when they had reason to fear the re-establishment of the old tyranny, the Virginia Assembly petitioned the king in these strong words: "Rather than be reduced to live under the like government, we desire his Majesty that commissioners may be sent over to hang us." Tragicall Relation, 1623. We have here, perhaps, the very first of the many protests of colonial Legislatures against oppression from England.

XVII

The sending of wives to Virginia. In 1618, before the adoption of the charter, it was concluded, in the quaint phrase of the time, "that a plantation can never flourish till families be planted and the respects of Wives and Children fix the people on the soyle," or, in simpler words, that a colony of bachelors can hardly found a state. 24 The first ship laden with home-makers carried over ninety maids, and the company thought it necessary to promise special rewards to the men who should marry these young women. If the maids were as certified, "young, handsome, and well recommended," they needed no such dowry in a land that had hardly a woman in it. Young or old, handsome or homely, the maids did not prove a drug. Shipload after shipload of them were eagerly bought by the planters, who had to pay a round sum in the high-priced tobacco of that early time to defray the cost of transporting these wives. Besides having to pay for his wife, the planter could have her only on the condition of winning her consent; and the eager courtship that ensued on the arrival of a shipload of maids must have been one of the most amusing scenes in the settlement of America. Suitors far outnumbered the women, and the latter had things pretty much their own way. The first cargo of this interesting merchandise was landed in 1619, but as late as 1624 the women were probably in danger of setting the colonists by the ears, for the governor felt obliged to issue a proclamation threatening fine or whipping for the offense of betrothal to more than one person at a time. 25 In 1632, thirteen years after the first shipment, we find the colony still being replenished with women sent in the same fashion. In that year, two, whose behavior during the voyage had been disgraceful, were sent back as unfit to be mothers of Virginians. The precaution could not have been of much practical use, but it indicates the early growth of a wholesome local pride. When there were house mothers in the cabins, and children born in the country, the settlers no longer dreamed of returning to England; and there was soon a young generation that knew no other skies than those that spanned the rivers, fields, and vast primeval forests of their native Virginia, which now for the first time became a home.

XVIII

The struggle ended, 1624. It is not the Virginia colony alone that we have seen in the crucible. The fate of English colonization was no doubt settled by the experiments made during the first years on the James River, and the story told in this chapter is but the overture to the whole history of life in the United States. In our colonizing age a settlement might be made in the heart of Africa with a far smaller loss of life than was incurred in the first sixteen years in Virginia. From 1607 to 1623 there were landed in Virginia more than six thousand people. The number that returned to England was inconsiderable, but in the year 1624, when the colony passed under a royal government, there remained alive in the colony only twelve hundred and seventy-five. Of those who came in these early years four fifths perished. A part of this loss was due to radically wrong conceptions of the nature, end, and proper methods of colonization, a part to corrupt and incompetent management in the London Company. The bad character of many of the earliest emigrants was one cause of difficulty. The writers of the time probably exaggerated this evil in order to excuse the severity of the government and the miseries into which the settlers fell. But the loss of many of the early comers must be accounted a distinct gain to Virginia. Unfitted for their environment, they were doomed to extinction by that pitiless law which works ever to abolish from the earth the improvident, the idle, and the vicious.

17.The Tragicall Relation of 1623, and the Briefe Declaration of 1624, manuscripts in the British Public Record Office, are the most important authorities for the facts given in the text. The Briefe Declaration is rather the fuller, but the earlier paper supplies some particulars. These two formal documents are not from the same hand, and the slight difference between them in details tends rather to confirm than to shake the reader's confidence in their testimony. The names of Sir Francis Wyatt, George Sandys, and other prominent colonists appended to the Tragicall Relation are a guarantee of its good faith. It is curious to note that Raphe Hamor, whose relation is so favorable to Dale, and who held the post of secretary under Dale and that of vice-admiral under Argall, signs this paper, which is a severe impeachment of Sir Thomas Smythe's administration of the affairs of the company before 1619. Hamor's True Discourse has heretofore usually been taken as an authority, but after reading the documents in the Public Record Office one is compelled to believe that Hamor, or perhaps one might say Dale, under cover of his secretary, misrepresents the state of the colony, and makes promises to those who may emigrate that it was hardly possible to carry out. The Discourse of the old Virginia Company (Colonial Papers, iii, 40), and other papers in the Public Record Office relating to the strife between the company and the Court, throw light on this period. The half-apologies for Dale's cruelties in Smith's Generall Historie, book iv, prove their existence. "For amongst them, so hardened in evil," says this writer, "the fear of a cruel, painful, and unusual death more restrains them than death itself." See also Hamor, p. 27. There is a letter from Whitaker appended to Hamor's Discourse. Though apparently an incidental letter, it bears marks of having been procured for purposes of vindication. Its defensive tone goes to show that the character of Dale's tyranny had transpired in England. Whitaker praises Sir Thomas Dale mainly for being religious and valiant, and says that he had "great knowledge in Divinity and good conscience in all his doings; both which bee rare in a martiall man." In Whitaker's Good Newes of Virginia, 1613, there is no praise of Sir Thomas Dale. That Dale was famous for his severity before he left Europe is manifest from the phrase used by the Jesuit Biard, "Le Mareschal Thomas Deel que vous auez ouy estre fort aspre en ses humeurs." Relation, chap. xxxiii. See in this and the preceding chapter the whole account of his savage temper toward his French prisoners, etc. It has been the custom of our older writers to speak of Dale's administration only in praise, but careful weighing of the original authorities shows that Dale was utterly pitiless in the cruelty of his discipline and unjust in his detention of the old planters, and that when he left the colony he was more generally execrated than any other man that ruled in these early days, not even excepting his successor, Argall. Dale's severity was serviceable in carrying the enterprise through straits, but the reports of his harshness brought the colony into disrepute and checked immigration. The detestation of Dale was shared by the best men in Virginia, yet it is to be remembered that the savagery of Dale's government was due not wholly to the brutal temper of the man, but partly to the age and the school in which he had been bred. Legal torture was in use long after this. The Clarendon Papers, quoted by Southey, state that at Henley-on-Thames, as late as 1646, it was ordered that a woman's tongue should be nailed to a tree for complaining of the tax levied by Parliament. The cruel practices of the agents of the Virginia Company are paralleled by those of the East India Company at the same time. "Before they were intrusted with martial law they made it a rule to whip to death or starve to death those of whom they wished to get rid." Mills, British India, i, 38. Even that champion of popular liberty, Sir Edwin Sandys, found it in his heart to approve of Dale's course while admitting its harshness. He said to the court of the Virginia Company of the 17th of November, 1619, that "Sir Thomas Dale, building upon these foundations with great and constant severity, reclaymed almost miraculously those idle and disordered people, and reduced them to labor and an honest fashion of life." MS. Records of the Virginia Company. Compare also Sir Thomas Smythe's defense, note to Aspinwall Papers in IV Massachusetts Historical Collections, ix, p. 1. My citations from the Tragicall Relation and Briefe Declaration are partly from the originals in the British Public Record Office, which I carefully examined in 1885, but the first of these is printed in Neill's Virginia Company, and the Briefe Declaration was published by the State of Virginia in 1874 in a Senate document entitled Colonial Records of Virginia. Very good abstracts of both papers appear in Sainsbury's Calendar. I cite the Discourse of the Old Virginia Company from the MS. in the British Public Record Office. I do not remember to have seen it in print.
   Note 10, page 49. Birch's Court of James I, i, 415. Chamberlain to Carleton, June 22, 1616: "Sir Thomas Dale is arrived from Virginia, and brought with him some ten or twelve old and young of that country, among whom is Pocahuntas, daughter of Powhatan, married to one Rolfe, an Englishman. I hear not of any other riches or matter of worth, but only some quantity of sassafras, tobacco, pitch, tar, and clapboard, things of no great value unless there were plenty, and nearer hand. All I can hear of it is, that the country is good to live in, if it were stored with people, and might in time become commodious. But there is no present profit to be expected."
18.The Discourse of the Old Virginia Company, an exceedingly interesting manuscript in the British Record Office, makes it appear that as late as 1618 the colonists had no thought of staying in Virginia, and even the directors at home were interested only in making money out of tobacco and sassafras, with little or no care to plant a permanent colony. Some allowance must be made, perhaps, for the ex-parte nature of this paper, but its tone and the high character of those who offered it give reason to trust it. Colonial Papers, iii, 40. Answer of the Virginia Company to Queries of the Privy Council in 1625.
19.We may trust Hamor's True Discourse, p. 17, for some of these details, though the book generally is discredited by the account given in the Tragicall Relation, which Hamor himself signed with others in 1623. A comparison of all these authorities makes it evident that only eighty-one who were ranked as "farmers" derived any benefit from Dale's three-acre division, while about two hundred others were probably left in unmitigated bondage.
20."And to protect Captain Argall from being called to an account for his government under shew of a new plantation to be set up in Virginia by Captain Argall and his partners, whereof the said earl (Warwick) hath since appeared to be one (which yet to this day hath had no beginning), there was procured a patent to the said captain and his associates for the said new plantation; whereby he and his Company, their heirs and assigns (save only in time of defence by war), were exempted from all power, authority, and jurisdiction to be from hence derived or there established, that so he might reign there as great and absolute master, without law or controulment, and without the fear of ever being called to any future reckoning… Whatsoever was remaining at that time in the colony belonging to the public … he converted it in a manner wholly to his own private use and possession, the very public lands cultivated, the Company's tenants and servants, their rents, corn and tributes of corn, their kine and other cattle, their stores and other provisions; whereby the company, being disabled in all appearance of ever setting up the same again or to bear the great burden of public charge both at home and abroad, being thus stripped of all revenue, the said Company must have failed and decayed and the whole colony have fallen in time into the hands of the said captain and his association to be there established, which seemeth to have been his prime and original desire… This course of depredation and roving not sufficing as likely to receive encounter and check from hence, new engines were used, some to dishearten and some to disgrace the Company, that so as it seemeth they might in time obtain the plantation and leave it as a prey to the said captain, his friends and followers, etc." Burk's History of Virginia, Appendix, vol. i. The extract is from the document known as The Company's Chief Root of Differences, etc. I have compared this copy with that in the MS. Records of the Virginia Company, Library of Congress, and find only slight verbal differences. At the instance of Warwick the authors of this paper – Lord Cavendish, Sir Edwin Sandys, and John and Nicholas Ferrar – were put under arrest in their own houses for this "impertinent declaration." The Warwick party had made "threats of blood" to deter Southampton from complaining to the king.
21.Birch's Court and Times of James the First, i, 311. Chamberlain to Carleton, May 16, 1614: "Sir Thomas Gates is come from Virginia, and brings word that plantation will fall to the ground if it be not presently supplied. He speaks of wonderful commodities that are to be had there if we could but have patience and would be at the cost to bring them to perfection." Out of this necessity for some present support came the great lottery. It was recommended by the Privy Council to the Mayor of Canterbury, February 22, 1615. There was a "running lottery" of smaller adventures in Paul's Churchyard before the "great standing lottery" was instituted, and then there were other "running lotteries" "in many other places after." Purchas, p. 1773. No doubt there were corruptions and abuses in these lotteries. The merchants prospered while Virginia languished. Its unpopularity is attributed to "malignant tongues," in the MS. Records of the Virginia Company, i, 158, and the overthrow of the lottery may have been part of the plot of those who sought soon after to wreck the company itself.
22.My attention was first attracted to the date of the Great Charter of November 13, 1618, by a minute in the handwriting of Secretary Williamson in the Public Record Office, as follows: "Those Adventurers & Planters by Vertue of ye sd Lettrs Patent of Incorporačon &c. made a Great charter of Lawes & Ordrs for ye govermnt of the Country. It bore date at London, Nov. 13th 1618." Col. Pprs, i, 11. The proceedings of the first Assembly in Virginia are preserved in the Public Record Office in Pory's Report. This report gives the only information we have regarding the provisions of this long-lost charter. An abstract of these proceedings is printed in the Calendar of Colonial Documents, and the whole document was reprinted in the New York Historical Society Collections, second series, vol. iii, and yet more carefully in the Colonial Records of Virginia, 1874. There is an allusion to this charter in the Briefe Relation, 1624. Various Virginia land grants deduce their authority from the Great Charter of Laws and Orders of November 13, 1618, as we learn from a note in the Aspinwall Papers, p. 14. There are many allusions to the charter of 1618 in the Manuscript Records of the Virginia Company in the Library of Congress.
23.The Code of Lawes, Divine, Morall and Martiall, by which Dale reigned was edited and published by Strachey in 1612, and reprinted in Force's Tracts, vol. iii. This code appears to have had no other sanction than the approval of Sir Thomas Smythe, the governor of the company. The beneficial effect of these laws is maintained in Hamor's Discourse, in Rolfe's Relation, and in certain letters of Dale in the Record Office. It was not, indeed, the government by martial law, but Dale's abuse of his power, that wrought the mischief. After the emancipation the old settlers lived in perpetual terror lest some turn of the wheel should put them once more in the power of Sir Thomas Smythe and his divine and martial laws. See especially the Additional Statement appended to the Discourse of the Old Virginia Company. On the long and bitter dissension that resulted in the overthrow of the company, see Arthur Woodnoth's Short Collection of the most remarkable Passages from the Original to the Dissolution of the Virginia Company, a rare work of great value to the historian of this period.
   Note 17, page 56. Rolfe's Relation has it that the ship which brought Yeardley brought also the news of the election of Sandys and John Ferrar. But Yeardley arrived in Virginia on the 18th of April (O.S.), and Sir Thomas Smythe's resignation did not take place until ten days later. Manuscript Records of the Virginia Company. The news that Sir George Yeardley did bring was no doubt that the power of Sir Thomas Smythe and his party was broken, and that the actual control of affairs was in the hands of such men as Sandys, Southampton, Cavendish, Danvers, and the two Ferrars. The whole policy of the company indicates that the new party was really in power, and the appointment of such a man as Yeardley was probably the work of the rising party. The records before the resignation of Sir Thomas Smythe were probably destroyed for purposes of concealment.
24.Manuscript Book of Instructions, etc., Library of Congress. Letter to the Governor and Council by the ship Marmaduke, August 12, 1621. A proposal to send women had been made seven years earlier. Commons Journal, 1, 487, May 17, 1614. Extract from Martyn's Speech (for which he was reprimanded): "That they require but a few honest Labourers burthened with Children. – Moveth, a committee may consider of the means for this, for Seven Years; at which some of the Company may be present." On November 17, 1619, Sir Edwin Sandys pointed out in the court of the company that the people of Virginia "were not settled in their mindes to make it their place of rest and continuance." "For the remedying of the Mischiefe and for establishing a perpetuitie of the Plantation," he proposed the sending of "one hundred young maides to become wives." Manuscript Records of the Virginia Company, i, 44, 45. Two women, the first in the colony, had arrived in September, 1608. Oxford Tract, 47. There were women in Gates's party in 1610. It was even reported that some English women had intermingled with the natives. Calendar Colonial Papers, i, 13. An allowance of food to women in De la Warr's time is proof that women were there. In 1629 there was living Mistress Pearce, "an honest, industrious woman," who had been in Virginia "near twenty years." Rolfe (a copy of whose Relation is among the Duke of Manchester's MSS. now in the British Public Record Office) sets down a remainder of seventy-five of the three hundred and fifty-one persons in the colony at Dale's departure, as women and children. It is worth recalling here that D'Ogeron, who governed Santo Domingo in 1663 and after, supplied the buccaneers with wives brought from France; and the plan was also put into practice in Louisiana about a century later than the Virginia experiment, and the same expedient, as is well known, was resorted to in Canada. In Virginia more pains were taken to have all the women thus imported of a good character than in some of the French colonies.
25.The belief that these maids were "pressed" or coerced into going is probably erroneous (see the speech of Sandys, July 7, 1620, Manuscript Records of the Virginia Company). He says, "These people (including the maids) are to be provided as they have formerly beene, partlie by printed publication of the supplies indicated, together with the conditions offered to these publique tennants, partlie by help of such noble friends and others in remote parts as have formerlie given great assistance." The notion that some of the maidens were pressed seems to have had its rise in the counterfeiting of the great seal and the issuing of forged commissions to press maidens for "breeders for the King" in the Bermudas and Virginia in order to extort money. One Owen Evans was accused of such practices in October, 1618 (Sainsbury, p. 19), and one Robinson was hanged, drawn, and quartered for this or similar offences in November of the same year (Birch's Court of James I, 108). In order to encourage the adventurers or shareholders to subscribe to the sending of maids, a town was laid off in Virginia to be called Maydstown. The subscribers were to be allowed shares in this town. Manuscript Records, May 20, 1622, on the general subject; also Records under date of November 3, 1621, and the 17th of the same month, June 11, and November 21, 1621, and the manuscript book in the Library of Congress, which I refer to in these notes as Manuscript Book of Instructions, pp. 76 and 89. I may remark here that this book has not been in use in recent times for reference. Its origin is uncertain, nor can the authorities of the library tell where it came from. It was compiled in the latter part of the seventeenth century, judging from internal evidence, and was perhaps kept among the records of the colony for reference on what we should call constitutional questions. I found a loose memorandum laid in its pages in the handwriting of Thomas Jefferson, to whom the book probably once belonged.