Virginia under the Stuarts 1607-1688 Part 13

Although the Burgesses replied thus courteously they were deeply angered. Rightly judging this to be a challenge to their power, they resolved to show once more that they were supreme in the government.

They voted, therefore, to ignore the dissolution. And it was ordered that if any member left his seat he was to be censured "as a person betraying the trust reposed in him by his country".[367] An oath of secrecy was administered to all present, while the Speaker was directed to "sign nothing without the consent of the major part of the house".

Staggered by the determined att.i.tude of the Burgesses, the Governor and Council at once showed signs of weakening. They were willing, they said, to allow the a.s.sembly to continue its deliberations, provided the work were brought to a speedy conclusion. The "dispute of the power of disolving and the legality thereof" they wished to refer to the Lord Protector. But the House resolved unanimously that this answer was unsatisfactory. The withdrawal of the dissolution was not enough, the Governor and Council must acknowledge that their act was illegal and therefore had never taken effect. "The House, unsatisfied with these answers, appointed a committee to draw up a report for the manifestation and vindication of the a.s.sembly's power which after presentation to the House to be sent to the Governour and Councell."[368] This committee recommended the immediate dismissal of the Council, and proposed resolutions declaring the "power of government to reside in such persons as shall be impowered by the Burgesses (the representatives of the people) who are not dissolvable by any power now extant in Virginia, but the House of Burgesses". Upon receiving this report the House proceeded to annul "all former election of Governour and Councill". Since the executive had presumed to abuse its authority by defying the body that had appointed it to office, it must be removed to evince to all the supremacy of the House. The Burgesses seem not to have laid the blame for this crisis upon the Governor, but upon some of the Councillors, who were endeavoring to make their own power supreme in the government.

Colonel Matthews was, therefore, reelected, and invested with "all just rights and privileges belonging to the Governour and Captain Generall of Virginia".[369]

Fearing that the Council might offer resistance to their decrees, the Burgesses commanded the serjeant-at-arms of the a.s.sembly and the sheriffs of James City county not to execute any warrant, precept or command from any other person than the Speaker of the House. The Secretary of State, Colonel William Claiborne, was directed to deliver up the public records. But the Governor and Council seem not to have thought of resistance, and submitted to the recall and to a new election by the a.s.sembly. Although they had just resolved that "for the future none bee admitted a councellor but such who shall be nominated, appointed and confirmed by the house", the Burgesses now allowed the Governor to propose to them a list of names for the new Council. It would seem that Nathaniel Bacon and Francis Willis were regarded as the instigators of the dissolution, for they were the only members of the Council which had signed the offensive order who were not now reelected.[370]

When the a.s.sembly met again, in March, 1659, it found that its supremacy was once more threatened. A letter had been received from Henry Lawrence, President of the Council of State in the home government, which seemed to imply that the Governor and his Council and not the Burgesses, were to hold the chief power in Virginia. Lawrence declared that the "looseness" of affairs in the colony had induced Cromwell to take active steps for the settlement of its const.i.tution, but that these measures had been brought to a sudden halt by the Lord Protector's death. The matter was, however, still before the Council of State, and the colony might soon expect some definite orders from its deliberations. In the meanwhile, he wrote, "their Lordships do will and require you the present Governour and Councill there to apply yourselves ... to the peaceable and orderly management of the affairs of that collony, according to such good lawes and customes as have been heretofore used and exercised among you".[371]

The Burgesses were deeply agitated by this letter. They at once pa.s.sed resolutions promising to obey the commands of the Council of State, but they determined to write the new Lord Protector, Richard Cromwell, asking that the privileges of the Burgesses be confirmed. In this crisis the Governor gave striking evidence of his liberal inclinations by coming before the House to promise them his support. "He acknowledged the supream power of electing officers to be by the present lawes resident in the Grand a.s.sembly", and offered to "joyne his best a.s.sistance with the countrey in makeing an addresse to his Highnesse for confirmation of their present priviledges".[372]

In the meanwhile an act was prepared making some important changes in the const.i.tution, but confirming the power of the Burgesses. It was proposed, first, that Colonel Matthews "bee the Governour and Captain Gennerall of Virginia for two yeares ensueing, and then the Grand a.s.sembly to elect a Governour as they think fitt, the person elect being then one of the Councell". The personnel of the Council was to remain unchanged and for the future its members were to serve for life, "except in case of high misdemanors". Lastly the Governor was to have the privilege of nominating the Councillors, but the Burgesses could confirm or reject at their discretion.[373] The Council at first a.s.sented to these proposals, "till the pleasure of his Highness be further signified", but later, it seems, they "expressly declined the said act", and declared the a.s.sembly dissolved.[374] Whether or not the Burgesses submitted to this dissolution and left the Governor and Council to govern the colony as they chose, does not appear. It is quite probable that the executive, in the interval between the sessions of a.s.sembly of March 1659 and March 1660, based its right to rule, not upon the commission of the Burgesses, but upon the authority given it in Lawrence's letter.

In May, 1659, Richard Cromwell resigned the reigns of government, and England was left a prey to confusion and uncertainty. The Virginians did not know to what government to give their allegiance. None could tell whether military despotism would be established in England, or another Cromwell would arise, or the House of Stuart be restored. To add to their troubles, in January, 1660, Colonel Matthews died, leaving them without a Governor. March 13th, the a.s.sembly convened.

The Burgesses at once took steps to reestablish their questioned prerogatives. An act was pa.s.sed declaring that "whereas by reason of the late frequent distractions there being in England noe resident absolute and gen'll confessed power; Be it enacted and confirmed, That the supreame power of the government of this country should be resident in the a.s.sembly, And that all writts issue in the name of the Grand a.s.sembly of Virginia, until such a comand and comission come out of England as shall be by the a.s.sembly adjudged lawfull".[375]

Their next care was to elect a new Governor. Strangely enough their choice fell upon that staunch advocate of royalty, Sir William Berkeley.

When the surrender had been made to the parliamentary commissioners in 1652, the Governor had secured for himself the right to quit the colony any time within the ensuing year. But circ.u.mstances had prevented his sailing during this period, and later he resolved to remain in Virginia.

During the eight years of the Commonwealth period he had lived in retirement, obedient to the new government, but longing for the restoration of the Stuarts. Why he was now called forth by the a.s.sembly to take once more the most important office in Virginia, cannot be certainly determined. It seems strange that the Burgesses in one act should a.s.sert their own sovereignty in the most emphatic terms, and in the next elect as their Governor this ardent servant of the Crown. If it had been their only aim to choose a leader of executive ability, they did not lack men of power and experience whose love of popular government was unquestioned. Berkeley had in his first administration ruled justly and well, but there is no reason to think that Virginia had been more prosperous and happy under him than under the Commonwealth Governors. It seems then most probable that the a.s.sembly was actuated in its choice by an apprehension that the monarchy might be restored. If the English should invite Charles to reclaim his lost inheritance, it would be of much advantage to the colony to have at its head the former royal Governor. It would make the restoration in Virginia easy and peaceful, for the staunchest republican would not dare resist, with Charles II on his throne and Sir William Berkeley ruling at Jamestown.

Moreover, it could but please the King and recommend the colony to his favor. On the other hand, the a.s.sembly was careful to reserve all real authority to itself. Sir William was to be its servant, not its master.

If, out of the confusion in England, should emerge a real republic, they could force the Governor either to acknowledge the new power or to resign his commission. In fact the office was at first proffered him only upon condition that he would submit to any power, whatever it might be, that succeeded in fixing itself over the English people.[376]

But to this requirement Berkeley would by no means consent. He was willing, during the present interregnum, to hold office from the people of Virginia, but never from any English power save that of the Crown. In an address to the a.s.sembly, outlining his conduct during the troubles of the past eleven years, he made it quite clear that his sympathies had undergone no change. "When I came first into this Countrie," he said, "I had the Commicon and Commands of my most gracious master King Charles of ever blessed memory.... When G.o.d's wrath lay heavie upon us for the sins of our nation, my ever honoured Master was put to a violent death, and immeadiately after his Royall Sonne ... sent me a Commicon to governe here under him.... But the Parliament, after the defeat at Worcester, (by the instigation of some other intent) sent a small power to force my submission to them, which finding me defenceless, was quietly (G.o.d pardon me) effected. But this parliament continued not long after this, but another supream power outed them, whoe remained not long neither, nor his sonne after him.... And now my intelligence is not enough to tell me what incorporate, mixt, or individuall power there is.... Under all these mutable governments of divers natures and const.i.tutions, I have lived most resigningly submissive: But, Mr. Speaker, it is one duty to live obedient to a government, and another of a very different nature to Command under it.... You have, Mr. Speaker, with great wisdome and providence taken care of my obedient prostrating to the Supreame power the authoritie you would entrust me with, for which I give you my humble thanks; for this wisdome of yours hath animated my caution of a.s.sumeing this burden, which is so volatile, slippery and heavy, that I may justly feare it will breake my Limbs." It might be thought by some, he said, that the emergency would excuse his accepting this authority, but the King would judge him, and if his information were prejudiced, his punishment might be severe. He did not fear death, he was too old for that, but an imprudent, criminal death he abhorred. In conclusion he declared that these and other considerations must dissuade him from accepting the proffered office.

But the a.s.sembly persisted in its determination to make him Governor. If he scrupled to promise to serve under the enemies of the Crown, that promise would not be required of him. Let him be Governor of Virginia, by their authority only, and only so long as the confusion in England continued. If a new Protector, or a new Commonwealth gained the ascendency, and demanded Virginia's submission, he might resign. If England returned to its obedience to the Throne, he could pet.i.tion the King for a new commission. To this Berkeley a.s.sented. "Wee have all," he said, in another short address, "had great and pressing feares of offending a Supreame power which neither by present possession is soe, nor has a publiquely confessed politique capacity to be a Supream power.

I alsoe, Mr. Speaker, have my pressing feares too, and I am seriously afraid to offend him, who by all Englishmen is confessed to be in a naturall politique capacity of being a Supreame power." He therefore, he said, made this declaration in the presence of G.o.d, that if any government became fixed in London, he would immediately lay down his commission. When this was recorded and they were still of the same mind, he was ready most thankfully to serve them.[377]

Thus did Sir William Berkeley a second time become Governor of Virginia.

It must have been with trepidation that this man, who had so often denied the right of any officer to serve save by the King's commands, accepted now this commission from the hands of the people. The stern hater of republicanism was becoming the head of an independent little republic. For such Virginia was and must continue to be until there should appear in England some fixed government to which it could submit.

"I am," Berkeley wrote Governor Stuyvesant of New Amsterdam, "but a servant of the a.s.sembly's; neither do they arrogate any power to themselves, further than the miserable distractions of England force them to. For when G.o.d shall be pleased in his mercy to take away and dissipate the unnatural diversions of their native country, they will immediately return to their own professed obedience."[378]

The restoration of the monarchy took place May 29th, 1660. When the news reached Virginia some weeks later, the people accepted the change without opposition, and probably with relief, for they were weary of uncertainty and confusion. Berkeley's unaffected joy was mingled with a deep apprehension that the King might be angered at his accepting office without his consent. But Charles was not so unmindful of his staunch support at a time when the fortunes of the monarchy were at their lowest ebb as to reproach him for this act, which might, and probably did, redound to his advantage. He soon relieved the Governor's fears by sending a new commission. In a pa.s.sion of joy and grat.i.tude Berkeley wrote his thanks. "I ... doe most humbly throwe myselfe at your Ma'ties feet," he said, "in a dutifull thankfullness to your Majestie, that you yett think me worthy of your Royall Commands. It is true, ... I did something, which if misrepresented to your Majestie, may cause your Majestie to think me guilty of a weakness I should ever abhor myself for. But it was noe more ... than to leape over the fold to save your Majesties flock, when your Majesties enemies of that fold had barred up the lawfull entrance into it, and enclosed the Wolves of Scisme and rebellion ready to devour all within it. Nor did I adventure on this, without the advice and impulsion of your Majesties best Subjects in these parts.... I always in all conditions had more fear of your Majesties ffrownes than the Swords or Tortures of your Enemies."[379]

And so the Commonwealth period in Virginia came to an end. The colony had benefited greatly by the eight years of semi-independence and self-government. The population had increased rapidly. In 1649, there had been about 15,000 people in Virginia, while six years after the Restoration, the Governor estimated their number at 40,000. This great gain was due chiefly to accelerated immigration from England. The overthrow and execution of the King had sent many of his followers to seek shelter with Sir William Berkeley, others had come to escape the confusion and horrors of civil war, while the numerous prisoners taken in battle had furnished abundant material for the never-ending stream of indentured servants. Gentleman and tradesman and laborer alike were welcome, for land was abundant and the colony's only need was men. Nor was prosperity yet strangled by the strict enforcement of the Navigation Acts. Dutch vessels continued to sail through the capes in defiance of England and to carry off the planters' tobacco. Not until the closing years of the Commonwealth period did the increasing freight rates and the decreasing price of tobacco indicate that the "Hollanders" were being more strictly excluded.[380]

Equally important was the training received by the people in self-government. For eight years they had been their own masters, enacting such laws as they chose, and free from the restraining hand of the King. There had been no royal Governor to veto their bills, or threaten the Burgesses, or intimidate the voters, or overawe the Council, or sway the courts of justice. And the experience was priceless. It schooled them in governmental affairs and taught them self-reliance, patience and stubbornness to oppose oppression. Having tasted the sweets of freedom, they were ill prepared ever again to tolerate injustice and misgovernment. If there had been no Commonwealth period in Virginia, possibly there had never been a Bacon's Rebellion.

FOOTNOTES:

[314] Report of Commission on Hist. Ma.n.u.scripts. 3.

[315] Hen., Vol. I, p. 235.

[316] P. R. O., CO1-20.

[317] Hen., Vol. I, pp. 236, 237.

[318] Hen., Vol. I, pp. 236, 237.

[319] Hen., Vol. I, p. 237.

[320] Hen., Vol. I, p. 356.

[321] Hen., Vol. I, p. 244.

[322] Hen., Vol. I, p. 263.

[323] Hen., Vol. I, p. 265.

[324] Hen., Vol. I, p. 267.

[325] Hen., Vol. I, pp. 280, 281.

[326] Hen., Vol. I, p. 230.

[327] Hen., Vol. I, p. 231.

[328] Va. Hist. Reg., Vol. I, p. 160.

[329] P. R. O., CO5-1371-6 to 16.

[330] Beverley.

[331] The a.s.sembly, in 1645, ordered that the 18th of April be celebrated ever afterwards for the deliverance of the colony from the savages. Hen., Vol. I, p. 290. The year is fairly well determined by the fact that mention of an Indian war occurs for the first time, during this period, in the statutes of the session of a.s.sembly of October, 1644. Hen., Vol. I, p. 285.

[332] Beverley.

[333] P. R. O., CO1-30-71; CO1-41-111.

[334] P. R. O., CO5-1371-6 to 16.

[335] CO5-1371-6 to 16.

[336] CO5-1371-6 to 16.

[337] P. R. O., CO1-41-111.

[338] Beverley.

[339] Hen., Vol. I, p. 323.

[340] Hen., Vol. I, p. 323.

[341] P. R. O., CO1-30-71.

[342] Hen., Vol. I, p. 123, 149, 277.