The History of Virginia Part 16

-- 49. Thus I have given a succinct account of the Indians; happy, I think, in their simple state of nature, and in their enjoyment of plenty, without the curse of labor. They have on several accounts reason to lament the arrival of the Europeans, by whose means they seem to have lost their felicity as well as their innocence. The English have taken away great part of their country, and consequently made everything less plentiful amongst them. They have introduced drunkenness and luxury amongst them, which have multiplied their wants, and put them upon desiring a thousand things they never dreamt of before. I have been the more concise in my account of this harmless people, because I have inserted several figures, which I hope have both supplied the defect of words, and rendered the descriptions more clear. I shall, in the next place, proceed to treat of Virginia as it is now improved, (I should rather say altered,) by the English, and of its present const.i.tution and settlement.

OF THE PRESENT STATE OF VIRGINIA.

AS THIS BOOK MUST CONSIST OF TWO PARTS, FIRST, THE POLITY OF THE GOVERNMENT; SECONDLY, THE HUSBANDRY AND IMPROVEMENTS OF THE COUNTRY; I SHALL HANDLE THEM SEPARATELY.

BOOK IV.

PART I.

OF THE CIVIL POLITY AND GOVERNMENT OF VIRGINIA.

CHAPTER I.

OF THE CONSt.i.tUTION OF GOVERNMENT IN VIRGINIA.

-- 1. I have already hinted, that the first settlement of this country was under the direction of a company of merchants incorporated.

That the first const.i.tution of government appointed by them was a president and council, which council was nominated by the corporation or company in London, and the president annually chosen by the people in Virginia.

That in the year 1610, this const.i.tution was altered, and the company obtained a new grant of his majesty; whereby they themselves had the nomination of the governor, who was obliged to act only by advice in council.

That in the year 1620, an a.s.sembly of burgesses was first called, from all the inhabited parts of the country, who sat in consultation with the governor and council, for settling the public affairs of the plantation.

That when the company was dissolved, the king continued the same method of government, by a governor, council and burgesses; which three being united were called the general a.s.sembly.

That this general a.s.sembly debated all the weighty affairs of the colony, and enacted laws for the better government of the people; and the governor and council were to put them in execution.

That the governor and council were appointed by the king, and the a.s.sembly chosen by the people.

Afterwards the governor had a more extensive power put into his hands, so that his a.s.sent in all affairs become absolutely necessary; yet was he still bound to act by advice of council in many things.

Until the rebellion 1676, the governor had no power to suspend the counsellors, nor to remove any of them from the council board.

Then a power was given him of suspending them, but with proviso, that he gave substantial reasons for so doing; and was answerable to his majesty for the truth of the accusation.

Then also this model of government by a governor, council and a.s.sembly, was confirmed to them with a farther clause, that if the governor should happen to die, or be removed, and no other person in the country nominated by the crown to supply his place, then the president, or eldest councillor, with the a.s.sistance of any five of the council, should take upon him the administration of the government, all which are authorized by commission and instructions to the governor.

Before the year 1680, the council sat in the same house with the burgesses of a.s.sembly, much resembling the model of the Scotch parliament; and the Lord Colepepper, taking advantage of some disputes among them, procured the council to sit apart from the a.s.sembly; and so they became two distinct houses, in imitation of the two houses of parliament in England, the lords and commons; and so is the const.i.tution at this day.

-- 2. The governor is appointed by the crown; his commission is under seal, and runs during pleasure.

He represents the king's person there in all things, and is subject to his instructions.

His a.s.sent is necessary to the laws, agreed upon by the council and a.s.sembly; without it no law can be made.

His test to all laws so a.s.sented to is also requisite.

He calls a.s.semblies by advice of council, but prorogues or dissolves them without.

He calls and presides in all councils of State, and hath his negative there also.

He appoints commissioners of county courts for the administration of justice, by consent of council.

He grants commissions to all officers of the militia, under the degree of a lieutenant general, (which t.i.tle he bears himself,) as he thinks fit.

He orders and disposes the militia for the defence of the country.

He tests proclamations.

He disposes of the unpatented land according to the charter, the laws of that country, and his instructions; for which end, and for other public occasions, the seal of the colony is committed to his keeping.

All issues of the public revenue must bear his test.

And by virtue of a commission from the admiralty he is made vice-admiral.

The governor's salary, till within these forty-five years last past, was no more than a thousand pounds a year; besides which, he had about five hundred more in perquisites. Indeed, the general a.s.sembly, by a public act, made an addition of two hundred pounds a year to Sir William Berkeley in particular, out of the great respect and esteem they bore to that gentleman, who had been a long time a good and just governor; and who had laid out the greatest part of his revenue in experiments, for the advantage and improvement of the country; and who had, besides, suffered extremely in the time of the usurpation. But this addition was to determine with his government.

Sir William Berkeley, after the short interval of Jeffery's and Chicheley's being deputy-governors, was succeeded by the Lord Colepepper, who, under pretence of his being a peer of England, obtained of King Charles II. a salary of two thousand pounds, besides one hundred and sixty pounds a year for house rent, because there was no house appointed by the country for the governor's reception. This salary has continued ever since, to the succeeding governors.

If the administration of the government happen to fall into the hands of the president and council, there is then usually allowed to the president, the addition of five hundred pounds a year only; and to the council, no more than what is given them at other times.

-- 3. The gentlemen of the council are appointed by letter or instruction from his majesty, which says no more, but that they be sworn of the council.

The number of the counsellors when complete, is twelve; and if at anytime, by death or removal, there happen to be fewer than nine residing in the country, then the governor has power to appoint and swear into the council, such of the gentlemen of the country as he shall think fit to make up that number, without expecting any direction from England.

The business of the council, is to advise and a.s.sist the governor in all important matters of government, which he shall consult them in.

In the general a.s.sembly, the council make the upper house, and claim an entire negative voice to all laws, as the house of lords in England.

The salary of the council is in all but three hundred and fifty pounds per annum, to be proportioned among them according to their attendance on general courts and a.s.semblies.

-- 4. The burgesses of a.s.sembly are elected, and returned from all parts of the country, viz: from each county, two; and from James City, one; and from the college, one; which make up in all sixty burgesses. They are convened by writs issued from the secretary's office, under the seal of the colony, and the test of the governor. These are directed to the sheriff of each county respectively, and ought to bear date at least forty days before the return. The freeholders are the only electors, and wherever they have a freehold (if they be not women, or under age, or aliens) they have a vote in the election. The method of summoning the freeholders, is by publication of the writ, together with the day appointed by the sheriff for election, at every church and chapel in the county, two several Sundays successively. The election is concluded by plurality of voices; and if either party be dissatisfied, or thinks he has not fair treatment, he may demand a copy of the poll, and upon application to the house of burgesses, shall have his complaint inquired into. But to prevent undue elections, many acts have been there made, agreeably to some lately enacted in England.

The first business of a convention, by the governor's direction, is to make choice of a speaker, and to present him in full house to the governor. Upon this occasion, the speaker, in the name of the house, pet.i.tions the governor to confirm the usual liberties and privileges of a.s.sembly, namely, access to his person whenever they shall have occasion; a freedom of speech and debate in the house, without being farther accountable; a protection of their persons, and their servants from arrest, &c. And these being granted by the governor, and the cause of their meeting declared by him, they proceed to do business, choosing committees, and in other things imitating as near as they can the method of the honorable house of commons in England.

The laws having duly pa.s.sed the house of burgesses, the council, and the governor's a.s.sent, they are transmitted to the king by the next shipping for his approbation, his majesty having another negative voice. But they immediately become laws, and are in force upon the governor's first pa.s.sing them, and so remain if his majesty don't actually repeal them, although he be not pleased to declare his royal a.s.sent, one way or other.

There are no appointed times for their convention, but they are called together whenever the exigencies of the country make it necessary, or his majesty is pleased to order anything to be proposed to them.