[864] Va. Mag., Vol. XVIII, p. 23.

[865] P. R. O., CO1-42-103.

[866] Va. Mag., Vol. IX, p. 307.

[867] P. R. O., CO1-42-103.

[868] P. R. O., CO1-42-107.

[869] P. R. O., CO1-42-117.

[870] Va. Mag., Vol. IX, p. 307.

[871] P. R. O., CO5-1355-304, 305, 309.

[872] P. R. O., CO5-1355-305.

[873] P. R. O., CO5-1355-370.

[874] Va. Mag., Vol. IX, p. 307.

[875] P. R. O., CO1-41-121.

[876] Sains., Vol. XVII, p. 230.

[877] Sains., Vol. XVII, p. 230.

[878] Hen., Vol. II, p. 433.

[879] Hen., Vol. II, p. 441.

[880] Hen., Vol. II, p. 443.

[881] Hen., Vol. II, p. 456.

CHAPTER VIII

THE CRITICAL PERIOD

For some years after the Restoration the administration of English colonial affairs had been very lax. The Council of Plantations, which had served as a Colonial Office during the period from 1660 to 1672, had done little to control the Governors or to supervise and direct their policies. With the exception of one list of questions sent to Virginia in 1670, they had left Sir William Berkeley almost entirely to his own devices. September 27, 1672, the Council of Plantations was united with the Board of Domestic Trade to form the Council of Trade and Plantations. This new arrangement seems not to have been productive of good results, for in December, 1674, after the fall of the Cabal ministry, it was discontinued and the direction of colonial affairs entrusted to the King's Privy Council. This important body, finding its new duties very onerous, created a committee of twenty-one members, to whom the supervision of trade and plantations was a.s.signed. In this way the King's most trusted ministers were brought into close touch with colonial affairs. We find now such prominent statesmen as Secretary Coventry, Secretary Williamson and Sir Lionel Jenkins carrying on extensive correspondence with the Governors, becoming interested in all their problems and needs, and demanding copies of all journals of a.s.sembly and other state papers.[882]

This closer intimacy with the colonial governments led inevitably to a feeling of intolerance for local autonomy and for representative inst.i.tutions, and to a determination to force upon the colonists a conformity with the policies and desires of the English government.

Charles II and James II, inst.i.tuted, in the decade preceding the English Revolution, a series of measures designed to curb the independence of the colonists. Some of the a.s.sembly's long-established and most important rights were attacked. Many of its statutes were annulled by proclamation; its judicial powers were forever abolished; its control over taxation and expenditure was threatened; the privilege of selecting the a.s.sembly clerk was taken from it; while even the right to initiate legislation was a.s.sailed.

The intolerant mood of the King and Privy Council is reflected in the instructions given Lord Culpeper upon his departure for Virginia. They included orders depriving him of the power, exercised freely by all former Governors, of calling sessions of the a.s.sembly. "It is Our Will and pleasure," Charles declared, "that for the future noe General a.s.sembly be called without Our special directions, but that, upon occasion, you doe acquaint us by letter, with the necessity of calling such an a.s.sembly, and pray Our consent, and directions for their meeting."[883]

Even more dangerous to the liberties of the people was the attempt to deprive the a.s.sembly of the right to initiate legislation. "You shall transmit unto us," Culpeper was commanded, "with the advice and consent of the Council, a draught of such Acts, as you shall think fit and necessary to bee pa.s.sed, that wee may take the same into Our consideration, and return them in the forme wee shall think fit they bee enacted in. And, upon receipt of Our commands, you shall then summon an a.s.sembly, and propose the said Laws for their consent."[884]

Most fortunately neither of these instructions could be enforced. The great distance of England from Virginia, and the time required to communicate with the King, made the summoning of the a.s.sembly and the initiation of legislation without the royal a.s.sent a matter of absolute necessity. Lord Culpeper, with his Majesty's especial permission, disregarded these orders during his first visit to the colony, and later, to his great satisfaction, the Committee of Trade and Plantations "altered their measures therein".[885]

Culpeper was directed to secure in the colony a permanent revenue for the King. It was rightly judged that the representatives of royal authority could never be entirely masters of the government while they were dependent for their salaries upon the votes of the a.s.sembly. Sir William Berkeley, it is true, had rendered his position secure by obliging all "the men of parts and estates", but similar methods might be impossible for other Governors. The King and Privy Council did not, however, attempt to raise the desired revenue by imposing a tax upon the people without their own consent. An act levying a duty of two shillings a hogshead upon all tobacco exported from Virginia was drawn up by the Attorney-General for ratification by the a.s.sembly.[886] The consent of the King in Council was duly received and the bill, with an act concerning naturalization and another for a general pardon, were sent to Virginia by Lord Culpeper. "These bills," the King told him, "we have caused to be under the Greate Seale of England, and our will is that the same ... you shall cause to be considered and treated upon in our a.s.sembly of Virginia."[887]

The revenue bill was quite similar to an act of a.s.sembly still in force, which had imposed a duty upon exported tobacco, but an all-important difference lay in the disposal of the funds thus raised. The former statute had given the proceeds of this tax to the a.s.sembly, "for the defraying the publique necessary charges",[888] but the new act was to grant the money "to the King's most excellent Majesty his heires and Successors for ever to and for the better support of the Government".[889]

In order to carry out these new designs for the government of the colony, the King ordered Lord Culpeper to prepare to sail at once. The Governor, however, was most reluctant to leave the pleasures of the court for a life in the American wilderness. His departure had already been long delayed, more than two years having elapsed since Charles had told the colonists to expect his speedy arrival. Yet he still delayed and procrastinated. On the third of December, 1679, an order was issued giving his Lordship "liberty to stay in Towne about his affaires until Monday next, and noe longer, and then to proceed forthwith" to the Downs, where "the Oxford frigat" was waiting to convey him to Virginia.[890] But as he still lingered in London, the Captain of the frigate was ordered to sail up the Thames to take him on board.[891] No sooner had he left his moorings, however, than Culpeper, probably in order to gain time, hastened away to the Downs. This so aroused the King's anger that he was pleased to direct one of his princ.i.p.al secretaries to signify by letter to Lord Culpeper his high displeasure at his delay and neglect of duty, and that his intentions were to appoint another Governor of Virginia unless he embarked as soon as the frigate returned to the Downs.[892] But now adverse winds set in, and Culpeper, with the tobacco fleet which had waited for him, was unable to sail until February 13, 1680.[893]

He arrived off the capes May the second, and eight days later took formal possession of his government. Immediately the Councillors and other leading planters flocked around him, eager to secure his support against the old rebellious party. Nor was their presentation of their cause ineffectual in winning the Governor's sympathy. "All things," he wrote Secretary Coventry, "are ... far otherwise than I supposed in England, and I beleeve ye Council, at least I have seen through a mist."[894] It was to be expected then, that in settling the dispute that had so long troubled the colony he would favor the Berkeley faction. And this, so far as the King's commands would permit, he seems to have done. The wealthy planters expressed their satisfaction with his measures, and the commons, if they disapproved, feared to reveal their resentment. "His Excellency," wrote Colonel Spencer, "has with soe great prudence settled all the Affairs of the Country that our late different Interests are perfectly united to the general satisfaction of all his Majesty's Subjects in this colony."[895]

The Berkeley party was deeply displeased at the King's command to exclude Colonel Philip Ludwell from the Council. Recognizing in the order the influence of Colonel Jeffreys and the other commissioners, they a.s.sured the Governor that it had been secured by false representations. The Councillors declared "that they were very sencible of ye want of that a.s.sistance they for many Years" had had from Colonel Ludwell, "whose good abilities, Knowne Integrity and approved Loyalty"

rendered him most necessary to his Majesty's service. They therefore earnestly requested "his Excellency to Readmitt & Receive him to be one of ye Councill".[896] Culpeper yielded readily, and Ludwell was restored to his seat.

The Burgesses were chagrined at the order to oust Major Robert Beverley from all public employment. He was again the clerk of a.s.sembly, for which office he was "their Unanimous Choyce", and his disgrace was regarded as a rebuke to the House.[897] Upon their earnest pet.i.tion Culpeper consented that he should retain that important post in which he was soon to render signal service to the people and to incur again the anger of the King and his ministers.[898]

When the a.s.sembly convened the Governor at once laid before it the Act of General Pardon, the Act of Naturalization and the Act for a Public Revenue. To the first and the second he obtained a prompt a.s.sent, but the third was strenuously resisted. The House of Burgesses was filled with gentlemen of the best families, men closely allied with the Council in position and interest, yet they were unwilling to permit any part of the public revenue to pa.s.s out of the control of the people.[899] "The House," they declared, "doe most humbly desire to be Excused if they doe not give their approbacon of his Majesties bill."[900] And so determined were they, that when the matter was again brought before them by the Governor they refused even to resume the debate.[901]

But Culpeper, fearful of the King's displeasure, and uneasy for the payment of his own salary, made strenuous efforts to secure the pa.s.sage of the bill. He did not scruple to resort to bribery and intimidation to force obedience from the stubborn Burgesses. We have the testimony of the Governor himself to one notorious case of the misuse of the patronage. Among the leaders of the House of Burgesses was Isaac Allerton, a man of wealth and education, and an excellent speaker.[902]

"He did a.s.sure me," Culpeper reported to the Privy Council, "of his utmost services in whatsoever the King should command him by his Governor, particularly as to a further Bill of Revenue for the support of ye Government, And I did engage to move his Majesty that hee should bee of the Council ... though not to be declared till after the Session of next a.s.sembly, when I am sure he can bee as serviceable if not more than any other person whatsoever."[903] This bargain was faithfully kept and in time Allerton, for thus betraying his trust, received his seat in the Council.[904]

Nor did Lord Culpeper hesitate to intimidate the Burgesses by threatening to demand the payment of all arrears of quit-rents. This tax, although belonging to the King from the first settlement of the colony, had not, for many years, been duly collected. It was now rumored, however, that the Privy Council intended, not only to enforce for the future a strict payment, but to demand a settlement for the acc.u.mulated arrears. In 1679 Sir Henry Chicheley had forwarded to his Majesty a pet.i.tion from the a.s.sembly asking relief from this great burden. If this be not granted, he wrote, the payments which have been so long due and amount to so vast a sum, will fall heavily upon all, but especially upon the poor.[905] Culpeper, knowing well the anxiety of the Burgesses upon this point, told them that if they expected the King to grant their pet.i.tion, they must yield to his desire for a royal revenue in the colony.

Calling the a.s.sembly before him, he urged them to resume their debate.

"It looks," he said, "as if you could give noe reasons or as if you were affraid to be convinced.... I desire you to lay aside that irregular proceeding ... and resume the debate." The Council, he added, had given their unanimous consent to the bill. "Consider the affaires of the Quitt Rents, Consider the King's favour in every thing you may aske even to a cessacon ... and reflect if it be tante for you not to concurr in a thing that, I am a.s.sured, ye King ... judges his owne and will soe use it and the more fully then if this Act pa.s.s."[906]

Thus threatened, the Burgesses finally yielded, and the bill became law.

But they insisted upon adding to it two provisos: that the former export duty upon tobacco be repealed, and that the exemption of Virginia ship owners from the payment of the tax, which had been a provision of the former law, should be continued.[907] When some months later the matter came before the Committee of Trade and Plantations, their Lordships expressed much dissatisfaction at these amendments, declaring that the bill should have pa.s.sed "in Terminis". Since, however, the first proviso in no way changed the sense of the act, and had been added only to prevent a double imposition, they recommended that it should be continued. But the second was declared null and void by order of the King, as "irregular and unfit to be allowed of".[908]

Lord Culpeper, immediately after the dismissal of the a.s.sembly made ready to return to England. August 3, 1680, he read to the Council an order from the King granting him permission to leave the colony, and a few days later he set sail in _The James_.[909] The government was again left in the hands of the infirm Chicheley.[910]

Culpeper, upon his arrival in England, told the King that all was well in the colony, that the old contentions had been forgotten, and the people were happy and prosperous. But this favorable report, which was made by the Governor to palliate his desertion of his post, was far from being true. There was, as he well knew, a deep-seated cause of discontent in Virginia, that threatened constantly to drive the people again into mutiny and disorder. This was the continued low price of tobacco. In the years which had elapsed since Bacon's Rebellion, the people, despite their bitter quarrels, had produced several large crops, and the English market was again glutted. "What doth quite overwhelm both us and Maryland," complained the colonists, "is the extreme low price of our only commodity ... and consequently our vast poverty and infinite necessity."[911] The Burgesses, in 1682, spoke of the worthlessness of tobacco as an "ineffable Calamity". "Wee are," they said, "noe wayes able to force a miserable subsistance from the same....

If force of penne, witt, or words Could truely represent (our condition) as it is, the sad resentments would force blood from any Christian Loyall Subjects heart."[912] Some months later the Council wrote, "The people of Virginia are generally, some few excepted, extremely poor, ...

not being able to provide against the pressing necessities of their families."[913] That the Privy Council was aware, as early as October, 1681, that these conditions might lead to another insurrection, is attested by a letter of the Committee of Trade and Plantations to Lord Culpeper. "We are informed," they wrote, "that Virginia is in great danger of disturbance ... by reason of the extreme poverty of the People, occasioned by the low price of tobacco which, tis feared may induce the servants to plunder the Stores of the Planters and the Ships arriving there and to commit other outrages and disorders as in the late Rebellion."[914]

This universal distress created a strong sentiment throughout the colony in favor of governmental restriction upon the planting of tobacco.

Unless something were done to limit the annual crop, prices would continue to decline. Many merchants, who had bought up large quant.i.ties of tobacco in England with the expectation that its value would eventually rise, "fell to insinuate with the easiest sort People how advantageous it would bee ... if an Act of a.s.sembly could be procured to cease planting tobacco for one whole year".[915] When, in the spring of 1682, it became apparent that another large crop must be expected, an almost universal demand arose for the immediate convening of the a.s.sembly for the pa.s.sage of a law of cessation.

The Councillors, although themselves in favor of some restraint upon the huge output, advised the aged Deputy-Governor not to consent to a session at this juncture.[916] But Chicheley, persuaded, it was claimed, by the insistent arguments of Major Beverley, yielded to the desires of the people, and upon his own responsibility, issued writs summoning the Burgesses to convene at Jamestown, April 18, 1682.[917] Five days before the date of meeting, however, a letter arrived from the King, expressly forbidding an a.s.sembly until November the tenth, when, it was hoped, Lord Culpeper would have returned to his government.[918] The letter also informed the Deputy-Governor that two companies of troops that had remained in Virginia ever since the Rebellion, could no longer be maintained at the expense of the royal Exchequer. Since many of the Burgesses were already on their way to Jamestown, Sir Henry decided to hold a brief session, in order to permit them, if they so desired, to continue the companies at the charge of the colony.[919] But he expressed his determination, in obedience to the King's commands, to forbid the consideration of any other matter whatsoever.

The Burgesses met "big with expectation to enact a Cessation".[920] The appeals of their const.i.tuents and the smart of their own purses made them desperately resolute to give the country relief from the present depressing conditions. When they learned that after all their session was to be in vain, and that they were to be allowed to vote only on the matter of continuing the companies, they were deeply concerned and angered. Addressing the Deputy Governor, they declared themselves overwhelmed with grief at the expectation of adjournment. They had, from all parts of the drooping country, pa.s.sionately wended their way to Jamestown, to attend this a.s.sembly, upon which the "last expiring hopes" of the "miserably indigent poor Country" were reposed. Should they be compelled to return to their homes, having accomplished nothing, the people would be struck with amazement, "like an unexpected death wound".[921]

The Deputy Governor, not daring to disobey the King, ignored their appeal, and bade them decide without delay whether or not they would continue the two companies. But the Burgesses would give no definite answer upon this matter, hoping by a policy of delay to win, in the end, Chicheley's consent to the cessation. After seven days of fruitless bickering Sir Henry, in anger at their obstinacy, prorogued the a.s.sembly to November the tenth.[922] Before their dismissal, however, the Burgesses, in order to show that they had not been remiss in endeavoring to secure relief for the people, voted that the journal of their proceedings should be read publicly in every county.

Nor had they misjudged the desperate humor of the people. When it became known throughout the colony that the a.s.sembly had done nothing to restrict the planting of tobacco, the anger of the poor planters could not be restrained. Some bold spirits proposed that the people should a.s.semble in various parts of the country, and, in defiance of law and order, cut to pieces the tobacco then in the fields. If the King would not permit a cessation by law, they would bring about a cessation by force. A few days after the close of the a.s.sembly, parties of men in Gloucester began the work of destruction. It required but little exertion to ruin the tender plants, and the rioters, pa.s.sing from plantation to plantation, in an incredibly short time accomplished enormous havoc. Many men, filled with the contagion, cut up their own tobacco, and then joined the mob in the destruction of the crops of their neighbors.[923]

As soon as the news of this strange insurrection reached Jamestown, Chicheley dispatched Colonel Kemp to Gloucester with directions to muster the militia and to restore order by force of arms. This officer, with a troop of horse, fell upon one party of plant-cutters, and captured twenty-two of their number. "Two of the princ.i.p.al and incorrigible rogues" he held for trial, but "the rest submitting and giving a.s.surances of their quiet and peacable behavior were remitted".[924] Other parties, intimidated by these vigorous measures, dispersed, and soon peace was restored throughout all Gloucester. But now news reached the Deputy-Governor "that the next adjacent county, being new Kent, was lately broke forth, committing the like spoyles on plants". And no sooner had the troops suppressed the rioters here than the disorders spread to Middles.e.x and other counties. It became necessary to issue orders to the commanders of the militia in each county to keep parties of horse in continual motion, to prevent the designs of the plant-cutters and arrest their leaders.[925] And then the rioters, who had at first carried on their work in the open day, "went in great companys by night, destroying and pulling up whole fields of tobacco after it was well grown".[926] Not until August were the disorders finally suppressed.