The History of Virginia Part 6

When this contrivance was ripe for execution, he extended the royal prerogative, and issued forth a proclamation for raising the value of pieces of eight from five to six shillings; and as soon as they were admitted current at that value, he produced an order for paying and disbanding the soldiers. Then those poor fellows, and such as had maintained them, were forced to take their pay in those light pieces of eight, at six shillings. But his lordship soon after himself found the inconvenience of that proclamation; for people began to pay their duties, and their ship money in coin of that high estimate, which was like to cut short both his lordship's perquisites; and so he was forced to make use of the same prerogative, to reduce the money again to its former standard.

-- 122. In less than a year the Lord Colepepper returned to England, leaving Sir Henry Chicheley deputy governor.

The country being then settled again, made too much tobacco, or too much trash tobacco, for the market; and the merchants would hardly allow the planter any thing for it.

This occasioned much uneasiness again, and the people, from former experience, despairing of succeeding in any agreement with the neighboring governments, resolved a total destruction of the tobacco in that country, especially of the sweet scented; because that was planted no where else. In pursuance of which design, they contrived that all the plants should be destroyed, while they were yet in the beds, and after it was too late to sow more.

Accordingly the ringleaders in this project began with their own first, and then went to cut up the plants of such of their neighbors as were not willing to do it themselves. However, they had not resolution enough to go through with their work.

This was adjudged sedition and felony. Several people were committed upon it, and some condemned to be hanged. And afterwards the a.s.sembly pa.s.sed a law to make such proceedings felony for the future, (whatever it was before,) provided the company kept together after warning by a justice.

-- 123. After this accident of plant cutting, the Lord Colepepper returned, and held his second a.s.sembly, in which he contrived to gain another great advantage over the country. His lordship, in his first voyage thither, perceiving how easily he could twist and manage the people, conceived new hopes of retrieving the propriety of the Northern Neck, as being so small a part of the colony. He conceived that while the remainder escaped free, which was far the greater part, they would not engage in the interest of the lesser number; especially considering the discouragements they had met with before, in their former solicitation: though all this while, and for many years afterwards, his lordship did not pretend to lay public claim to any part of the propriety.

It did not square with this project that appeals should be made to the general a.s.sembly, as till then had been the custom. He feared the burgesses would be too much in the interest of their countrymen, and adjudge the inhabitants of the Northern Neck to have an equal liberty and privilege in their estates with the rest of Virginia, as being settled upon the same foot. In order therefore to make a better pennyworth of those poor people, he studied to overturn this odious method of appealing to the a.s.sembly, and to fix the last resort in another court.

To bring this point about, his lordship contrived to blow up a difference in the a.s.sembly between the council and the burgesses, privately encouraging the burgesses to insist upon the privilege of determining all appeals by themselves, exclusive of the council; because they, having given their opinions before in the general court, were, for that reason, unfit judges in appeals from themselves to the a.s.sembly.

This succeeded according to his wish, and the burgesses bit at the bait, under the notion of privilege, never dreaming of the snake that lay in the gra.s.s, nor considering the danger of altering an old const.i.tution so abruptly. Thus my lord gained his end; for he represented that quarrel with so many aggravations, that he got an instruction from the king to take away all appeals from the general court to the a.s.sembly, and cause them to be made to himself in council, if the thing in demand was of 300 value, otherwise no appeal from the general court.

-- 124. Of this his lordship made sufficient advantage; for in the confusion that happened in the end of king James the Second's reign, viz., in October 1688, he having got an a.s.signment from the other patentees, gained a favorable report from the king's council at law upon his patent for the Northern Neck.

When he had succeeded in this, his lordship's next step was to engage some noted inhabitant of the place to be on his side. Accordingly he made use of his cousin Secretary Spencer, who lived in the said Neck, and was esteemed as wise and great a man as any of the council. This gentleman did but little in his lordship's service, and only gained some few strays, that used to be claimed by the coroner, in behalf of the king.

Upon the death of Mr. Secretary Spencer, he engaged another noted gentleman, an old stander in that country, though not of the Northern Neck, Col. Philip Ludwell, who was then in England. He went over with this grant in the year 1690, and set up an office in the Neck, claiming some escheats; but he likewise could make nothing of it. After him Col.

George Brent and Col. William Fitzhugh, that were noted lawyers and inhabitants of the said Neck, were employed in that affair: but succeeded no better than their predecessors. The people, in the mean while, complained frequently to their a.s.semblies, who at last made another address to the king; but there being no agent in England to prosecute it, that likewise miscarried. At last Colonel Richard Lee, one of the council, a man of note and inhabitant of the Northern Neck, privately made a composition with the proprietors themselves for his own land. This broke the ice, and several were induced to follow so great an example; so that by degrees, they were generally brought to pay their quit-rents into the hands of the proprietors' agents. And now at last it is managed for them by Col. Robert Carter, another of the council, and the greatest freeholder in that proprietary.

-- 125. To return to my Lord Colepepper's government, I cannot omit a useful thing which his lordship was pleased to do, with relation to their courts of justice. It seems, nicety of pleading, with all the juggle of Westminster Hall, was creeping into their courts. The clerks began in some cases to enter the reasons with the judgments, pretending to set precedents of inviolable form to be observed in all future proceedings. This my lord found fault with, and retrenched all dilatory pleas, as prejudicial to justice, keeping the courts close to the merits of the cause, in order to bring it to a speedy determination, according to the innocence of former times, and caused the judgments to be entered up short, without the reason, alledging that their courts were not of so great experience as to be able to make precedents to posterity; who ought to be left at liberty to determine, according to the equity of the controversy before them.

-- 126. In his time also were dismantled the forts built by Sir Henry Chicheley at the heads of the rivers, and the forces there were disbanded, as being too great a charge. The a.s.sembly appointed small parties of light horse in their stead, to range by turns upon the frontiers. These being chosen out of the neighboring inhabitants, might afford to serve at easier rates, and yet do the business more effectually; they were raised under the t.i.tle or name of rangers.

-- 127. After this the Lord Colepepper returned again for England, his second stay not being much longer than the first; and Sir Henry Chicheley being dead, he proclaimed his kinsman, Mr. Secretary Spencer, president, though he was not the eldest member of the council.

-- 128. The next year, being 1684, upon the Lord Colepepper's refusing to return, Francis, Lord Howard of Effingham, was sent over governor. In order to increase his perquisites, he imposed the charge of an annual under seal of twenty shillings each for school masters; five pounds for lawyers at the general court, and fifty shillings each lawyer at the county courts. He also extorted an excessive fee for putting the seal to all probates of wills, and letters of administration, even where the estates of the deceased were of the meanest value. Neither could any be favored with such administration, or probate, without paying that extortion. If any body presumed to remonstrate against it, his lordship's behavior towards that man was very severe. He kept several persons in prison and under confinement, from court to court, without bringing them to trial. Which proceedings, and many others, were so oppressive, that complaints were made thereof to the king, and Colonel Philip Ludwell was appointed agent to appear against him in England.

Whereupon the seal-money was taken off.

-- 129. During the first session of a.s.sembly in this n.o.ble lord's time, the duty on liquors imported from the other English plantations, was first imposed. It was then laid, on pretence of lessening the levy by the poll, for payment of public taxes; but more especially for rebuilding the State house, which had not been rebuilt since Laurence burnt it in Bacon's time.

This duty was at first laid on wine and rum only, at the rate of three pence per gallon, with an exemption of all such as should be imported in the ships of Virginia owners. But the like duty has since been laid on other liquors also, and is raised to four pence per gallon on wine and rum, and one penny per gallon on beer, cider, lime-juice, &c.; and the privilege of Virginia owners taken away, to the great discouragement of their shipping and home trade.

-- 130. This lord, though he pretended to no great skill in legal proceedings, yet he made great innovations in their courts, pretending to follow the English forms. Thus he created a new court of chancery distinct from the general court, who had ever before claimed that jurisdiction. He erected himself into a lord chancellor, taking the gentlemen of the council to sit with him as mere a.s.sociates and advisers, not having any vote in the causes before them. And that it might have more the air of a new court, he would not so much as sit in the State house, where all the other public business was dispatched, but took the dining-room of a large house for that use. He likewise made arbitrary tables of fees, peculiar to this high court. However, his lordship not beginning this project very long before he left the country, all these innovations came to an end upon his removal, and the jurisdiction returned to the general court again, in the time of Colonel Nathaniel Bacon, whom he left president.

-- 131. During that gentleman's presidency, which began Anno 1689, the project of a college was first agreed upon. The contrivers drew up their scheme, and presented it to the president and council. This was by them approved, and referred to the next a.s.sembly. But Colonel Bacon's administration being very short, and no a.s.sembly called all the while, this pious design could proceed no farther.

-- 132. Anno 1690, Francis Nicholson, esq., being appointed lieutenant governor under the Lord Effingham, arrived there. This gentleman discoursed freely of country improvements, inst.i.tuted public exercises, and gave prizes to all those that should excel in the exercises of riding, running, shooting, wrestling, and cudgeling. When the design of a college was communicated to him, he promised it all imaginable encouragement. The first thing desired of him in its behalf, was the calling of an a.s.sembly, but this he could by no means agree to, being under obligations to the Lord Effingham to stave off a.s.semblies as long he could, for fear there might be farther representations sent over against his lordship, who was conscious to himself how uneasy the country had been under his despotic administration.

-- 133. When that could not be obtained, then they proposed that a subscription might pa.s.s through the colony, to try the humor of the people in general, and see what voluntary contributions they could get towards it. This he granted, and he himself, together with the council, set a generous example to the other gentlemen of the country, so that the subscriptions at last amounted to about two thousand five hundred pounds, in which sum is included the generous benevolences of several merchants of London.

-- 134. Anno 1691, an a.s.sembly being called, this design was moved to them, and they espoused it heartily; and soon after made an address to king William and queen Mary in its behalf, and sent the Rev. Mr. James Blair their agent to England to solicit their majesties charter for it.

It was proposed that three things should be taught in this college, viz., languages, divinity, and natural philosophy.

The a.s.sembly was so fond of Governor Nicholson at that time, that they presented him with the sum of three hundred pounds, as a testimony of their good disposition towards him. But he having an instruction to receive no present from the country, they drew up an address to their majesties, praying that he might have leave to accept it, which was granted, and he gave one half thereof to the college.

-- 135. Their majesties were well pleased with that pious design of the plantation, and granted a charter, according to the desire of Mr. Blair their agent.

Their majesties were graciously pleased to give near two thousand pounds sterling, the balance then due upon the account of quit-rents, towards the founding the college; and towards the endowing of it, they allowed twenty thousand acres of choice land, together with the revenue arising by the penny per pound on tobacco exported from Virginia and Maryland to the other plantations.

It was a great satisfaction to the archbishops and bishops, to see such a nursery of religion founded in that new world, especially for that it was begun in an episcopal way, and carried on wholly by zealous conformists to the Church of England.

-- 136. In this first a.s.sembly, Lieutenant Governor Nicholson pa.s.sed acts for encouragement of the linen manufacture, and to promote the leather trade by tanning, currying, and shoe making. He also in that session pa.s.sed a law for cohabitation, and improvement of trade.

Before the next a.s.sembly he tacked about, and was quite the reverse of what he was in the first, as to cohabitation. Instead of encouraging ports and towns, he spread abroad his dislike of them; and went among the people finding fault with those things which he and the a.s.sembly had unanimously agreed upon the preceding session. Such a violent change there was in him, that it proceeded from some other cause than barely the inconstancy of his temper. He had received directions from those English merchants, who well knew that cohabitation would lessen their consigned trade.

-- 137. In February, 1692, Sir Edmund Andros arrived governor. He began his government with an a.s.sembly, which overthrew the good design of ports and towns; but the groundwork of this proceeding was laid before Sir Edmund's arrival. However this a.s.sembly proceeded no farther than to suspend the law till their majesties' pleasure should be known. But it seems the merchants in London were dissatisfied, and made public complaints against it, which their majesties were pleased to hear; and afterwards referred the law back to the a.s.sembly again, to consider if it were suitable to the circ.u.mstances of the country, and to regulate it accordingly. But the a.s.sembly did not then proceed any farther in it, the people themselves being infected by the merchants' letters.

-- 138. At this session Mr. Neal's project for a post-office, and his patent of post-master-general in those parts of America, were presented.

The a.s.sembly made an act to promote that design; but by reason of the inconvenient distance of their habitations, and want of towns, this project fell to nothing.

-- 139. With Sir Edmund Andros, was sent over the college charter; and the subsequent a.s.sembly declared, that the subscriptions which had been made to the college were due, and immediately demandable. They likewise gave a duty on the exportation of skins and furs, for its more plentiful endowment, and the foundation of the college was laid.

The subscription money did not come in with the same readiness with which it had been underwritten. However there was enough given by their majesties, and gathered from the people, to keep all hands at work and carry on the building, the foundation whereof they then laid; and the rest, upon suit, had judgment given against them.

-- 140. Sir Edmund Andros was a great encourager of manufactures. In his time fulling-mills were set up by act of a.s.sembly. He also gave particular marks of his favor towards the propagating of cotton, which since his time has been much neglected. He was likewise a great lover of method and dispatch in all sorts of business, which made him find fault with the management of the secretary's office. And, indeed, with very good reason; for from the time of Bacon's rebellion till then, there never was any office in the world more negligently kept. Several patents of land were entered blank upon record; many original patents, records and deeds of land, with other matters of great consequence, were thrown loose about the office, and suffered to be dirtied, torn, and eaten by the moths and other insects. But upon this gentleman's accession to the government, he immediately gave directions to reform all these irregularities; he caused the loose and torn records of value to be transcribed into new books, and ordered conveniences to be built within the office for preserving the records from being lost and confounded as before. He prescribed methods to keep the papers dry and clean, and to reduce them into such order, as that any thing might be turned to immediately. But all these conveniences were burnt soon after they were finished, in October 1698, together with the office itself, and the whole State House. But his diligence was so great in that affair, that though his stay afterward in the country was very short, yet he caused all the records and papers which had been saved from the fire to be sorted again and registered in order, and indeed in much better order than ever they had been before. In this condition he left them at his quitting the government.

He made several offers to rebuild the State House in the same place; and had his government continued but six months longer, 'tis probable he would have effected it after such a manner as might have been least burthensome to the people, designing the greatest part at his own cost.

-- 141. Sir Edmund Andros being upon a progress one summer, called at a poor man's house in Stafford county for water. There came out to him an ancient woman, and with her a lively brisk lad about twelve years old.

The lad was so ruddy and fair that his complexion gave the governor a curiosity to ask some questions concerning him; and to his great surprise was told that he was the son of that woman at 76 years of age.

His excellency, smiling at this improbability, enquired what sort of man had been his father? To this the good woman made no reply, but instantly ran and led her husband to the door, who was then above 100 years old.

He confirmed all that the woman had said about the lad, and, notwithstanding his great age, was strong in his limbs and voice; but had lost his sight. The woman for her part was without complaint, and seemed to retain a vigor very uncommon at her years. Sir Edmund was so well pleased with this extraordinary account, that, after having made himself known to them, he offered to take care of the lad; but they would by no means be persuaded to part with him. However, he gave them 20 pounds.

-- 142. In November 1698, Francis Nicholson, Esq., was removed from Maryland, to be governor of Virginia. But he went not then with that smoothness on his brow he had carried with him when he was appointed lieutenant-governor. He talked then no more of improving of manufactures, towns and trade. But instead of encouraging the manufactures, he sent over inhuman memorials against them, opposite to all reason. In one of these, he remonstrates, "that the tobacco of that country often bears so low a price, that it would not yield clothes to the people that make it;" and yet presently after, in the same memorial, he recommends it to the parliament "to pa.s.s an act, forbidding the plantations to make their own clothing;" which, in other words, is desiring a charitable law, that the planters shall go naked. In a late memorial concerted between him and his creature Col. Quarrey, 'tis most humbly proposed, "that all the English colonies on the continent of North America be reduced under one government, and under one Viceroy; and that a standing army be there kept on foot to subdue the queen's enemies;" surmising that they were intending to set up for themselves.

-- 143. He began his government with a shew of zeal for the church. In the latter end of his time, one half of the intended building, that is two sides of the square, was carried up and finished, in which were allotted the public hall, the apartments and conveniences for several masters and scholars, and the public offices for the domestics: the masters and scholars were also settled in it, and it had its regular visitations from the visitors and governors thereof.

-- 144. Soon after his accession to the government, he procured the a.s.sembly and courts of judicature to be removed from Jamestown, where there were good accommodations for people, to Middle Plantation, where there were none. There he flattered himself with the fond imagination of being the founder of a new city. He marked out the streets in many places so as that they might represent the figure of a W, in memory of his late majesty King William, after whose name the town was called Williamsburg. There he procured a stately fabric to be erected, which he placed opposite to the college, and graced it with the magnificent name of the capitol.

-- 145. In the second year of this gentleman's government, there happened an adventure very fortunate for him, which gave him much credit, and that was the taking of a pirate within the capes of that country.

It fell out that several merchant ships were got ready, and fallen down to Lynhaven bay, near the mouth of James river, in order for sailing. A pirate being informed of this, and hearing that there was no man of war there, except a sixth rate, ventured within the capes, and took several of the merchant ships. But a small vessel happened to come down the bay, and seeing an engagement between the pirate and a merchantman, made a shift to get into the mouth of James river, where the Shoram, a fifth rate man of war, was newly arrived. The sixth rate, commanded by Capt.

John Aldred, was then on the careen in Elizabeth river, in order for her return to England.

The governor happened to be at that time at Kiquotan, sealing up his letters, and Capt. Pa.s.senger, commander of the Shoram, was ash.o.r.e, to pay his respects to him. In the meanwhile news was brought that a pirate was within the capes; upon which the captain was in haste to go aboard his ship; but the governor stayed him a little, promising to go along with him. The captain soon after asked his excuse, and went off, leaving him another boat, if he pleased to follow. It was about one o'clock in the afternoon when the news was brought; but 'twas within night before his excellency went aboard, staying all that while ash.o.r.e upon some weighty occasions. At last he followed, and by break of day the man of war was fairly out between the capes and the pirate; where, after ten hours sharp engagement, the pirate was obliged to strike and surrender upon the terms of being left to the king's mercy.

Now it happened that three men of this pirate's gang were not on board their own ship at the time of the surrender, and so were not included in the articles of capitulation, but were tried in that country. In summing up the charge against them (the governor being present) the attorney-general extolled his excellency's mighty courage and conduct, as if the honor of taking the pirate had been due to him. Upon this, Capt. Pa.s.senger took the freedom to interrupt Mr. Attorney in open court, and said that he was commander of the Shoram; that the pirates were his prisoners; and that no body had pretended to command in that engagement but himself: he farther desired that the governor, who was then present, would do him the justice to confess whether he had given the least word of command all that day, or directed any one thing during the whole fight. This, his excellency acknowledged, was true; and fairly yielded the honor of that exploit to the captain.

-- 146. This governor likewise gained some reputation by another instance of his management, whereby he let the world know the violent pa.s.sion he had to publish his own fame.

To get honor in New York, he had zealously recommended to the court of England the necessity that Virginia should contribute a certain quota of men, or else a sum of money, towards the building and maintaining a fort at New York. The reason he gave for this, was, because New York was their barrier, and as such, it was but justice they should help to defend it. This was by order of his late majesty King William proposed to the a.s.sembly; but upon the most solid reasons they humbly remonstrated, "that neither the forts then in being, nor any other that might be built in the province of New York, could in the least avail to the defence and security of Virginia; for that either the French or the northern Indians might invade that colony, and not come within an hundred miles of any such fort." The truth of these objections are obvious to any one that ever looked on the maps of that part of the world. But the secret of the whole business in plain terms was this: Those forts were necessary for New York, to enable that province to engross the trade of the neighbor Indians, which Virginia had sometimes shared in, when the Indians rambled to the southward.