Virginia and Maryland - the early years

The given value was not understood. 2014/07/03 User:Jeff

In 1660 the eastern seaboard had a number of thriving English colonies stretching from Newport News to the Penobscot River – though still sparsely populated. The English Colonies had a population approaching 80,000 plus another 6 or 7 thousand in the Dutch colonies. In 1660 representative government had a strong foothold in the English colonies, though the early charters promised it not. There was a little more religious tolerance than at home in England, though officially and in government that was not the case. Religious nonconformance was prohibited in most charters. A single established church (the Church of England) was still the norm. By 1660, survival in the colonies had become more certain than in the early days in which the odds were fearsome. Yet, after the first few attempts to establish colonies in Virginia, when the chances of survival were around 1 in 5, the English kept coming.

The first colonies in Virginia were characterized by corporate rule at times enforced by local martial law, religious intolerance that required adherence to the Church of England, and extreme hardship that took its toll in human life. But they also placed a premium on hard work and ambition. Leaving civilization to carve out subsistence in the conditions they encountered would not have tolerated half measures. And, in practice, the social and political conditions they imposed on themselves were more liberal than what they had left behind.

The Virginia Charter of 1606

In 1606 James I issued a patent usually cited as the first Virginia Charter. This document is remarkable for what it says about the English and their colonies.

It asserts the right of the English king to colonize America between the 34th and 45th parallels – from the Cape Fear River to Halifax. These were the southern and northern limits of Virginia – almost the entire eastern seaboard of North America. The Spanish considered Virginia part of the Spanish Indies, which were islands in the Caribbean. James I essentially said – no, we found it, so it’s ours. And that seems to have been the end of it.

English rights

More importantly for our purposes is its establishment of the rights of the English colonists.

• In this charter there is a clause which states that the colonists and their posterity “shall have and enjoy all liberties, franchises, and immunities within any of our other dominions, to all intents and purposes as if they had been abiding and born within this our realm of England or any other of our said dominions.”

James I had previously declared similar rights in the patents given to Walter Ralegh and later to Bartholomew Gilbert. Such a clause also appeared in subsequent charters.

James thus established that English colonies would be unlike the colonies of other countries – notably those of France and Spain.

• English colonists would be considered subjects of the king and citizens who enjoyed the protection of English common Law in the same way as those at home.

Historian Edward Channing notes that "Go where he would, so long as he settled on land claimed by England and acknowledged allegiance to the English crown, the Englishman carried with him as much of the Common Law of England as was applicable to his situation and was not repugnant to his other rights and privileges."

• Further, most English had ceased to see the king as divinely ordained.

Henry of Bracton, a prominent English jurist of the 13th century, wrote that the king "is under no man, but is under God and the law." This quote is from the writings of, an English jurist of the 13th century famous for his writings on law, particularly De Legibus et Consuetudinibus Angliae ("On the Laws and Customs of England") who, among other writings argued that a ruler was king only as he obtained and exercised power in a lawful manner - i.e., he placed law above king - which is, of course, what Magna Charta was about.

These two points are remarkable in that, together, they provide a fair approximation to the rule of law – the central concept of the Constitution of the United States.

Governance

The first charter was breaking new ground. There was no allowance for self-rule in the first charter. It was created under complete royal oversight – quickly abandoned in the second charter.

• The charter created a Council for Virginia in England which was over all and appointed by the king.

• Shareholders in the company had no say in company governance.
• This council had executive, legislative, and judiciary functions. Its authority was absolute as was considered necessary due to the high risk nature of the venture.

• The colonists were to be governed by “Articles and Instructions for the Government of Virginia” issued by James I.

• The articles contained much legislative matter including how to deal with crime. Punishment for crime was more liberal than in England then and for years to come. (Channing Vol. I, pg. 166)
• The Instructions went so far as to tell the colonists how they were to determine a proper site for a plantation.

It is interesting to note, that while the charter is clear about English rights, the colonists seem to have been regarded almost as employees to conduct themselves as directed by councils appointed by the king.

The charter to follow three years later provided some degree of self rule – though not a great deal.

It should be noted that the first colonists could not have cared about the details of the charter or councils in England. Survival was the immediate issue.

Hardship

The colonists who travelled to America under this charter met with hardship that ended in the death of many of them.

• December 20, 1606, The Susan Constant, the Godspeed, and the Discovery sailed for the southern part of Virginia.

16 of the 120 died on the voyage.

• They entered Chesapeake Bay on May 6, 1607.

A few went to shore and were attacked by natives - 2 wounded.

• They built a fort on the James River.

• Six months later, less than half of those who reached Virginia were still alive due to malaria, Indian arrows, and hunger.
• There was also much internal strife. In January 1608, of the colonial council appointed by the king one had died of disease, one had been executed, two were waiting execution, leaving only two others alive and at large. The reasons are not apparent.
• One of the council recommended including all surviving members be consulted on governing, but this was considered too democratic and despotic rule was to continue. However, it seems unlikely that made a difference. One can't know, but because of the harsh conditions encountered, they were likely acting on their own cognizance as soon as they stepped on land. It is known that the settlers paid scant attention to the council's instructions on how to build a plantation.

• Of these first 197 colonists who sailed for Virginia from England in 1606 and 1697, 53 were alive in April 1608.

This was typical of the first groups to sail to America and an important thing to understand. Primarily men, but also women and children; these were the first heroes of American history.

The Charter of 1609 and beyond

The failure of the 1st attempt was disappointing, but not fatal to England's desire to establish its commercial and religious sphere of influence in the new world. New investors came forward and joined with a few of the first to make another try. A new charter was granted by the king. It had a more limited extent - 200 miles both north and south of Point Comfort (now a point it Hampton, VA) and due west to the Pacific - though they had no idea what that meant.

• The failure of the 1st Virginia Charter was attributed to the fact that common stockholders had no say in its governance or direction. (Obviously, not much depth of thought was given to the actual cause of the extreme rate of mortality.) In the charter of 1609, the king placed government of the operation and its plantation in the hands of the stockholders. This did not yet mean, however, having a local representative legislature.

The group of partners who obtained this 2nd charter set to work to raise money and recruit emigrants.

In the current language, 'planter' referred to anyone who emigrated to America and 'adventurer' referred to a stockholder who remained in England.

• The partners printed pamphlets which were designed to sell investors and emigrants on the venture and were, whether or not by intent, deceptive in the way it described the prospects.

• Each adventurer received one common share in return for 12 pounds ten shillings.
• Each planter, male or female, over the age of 10 received one common share.
• Each planter, no matter their rank or station in England, was promised meat, drink, clothing, a house, orchard, garden and 100 acres for himself and each family member. (sign me up!)

New people came forward ready to continue the effort to colonize America. Some of these were motivated by politics (expanding the sphere of the English empire), some by missionary zeal, and some by a desire for material gain and to improve their current condition.

• 200,000 pounds were raised and 500 emigrants were recruited from every English class.

• The 500 sailed for the James River in 9 vessels on June 2, 1609. About 100 were women and children.

• 32 died of disease during the voyage.
• One vessel sank in a hurricane and another was driven into the Bermudas.
• 7 vessels reached the James River (the eighth did arrive later)

Upon their arrival, these emigrants were undeceived of the conditions that they were to encounter in their new home.

The English people that had survived from the previous attempt to colonize were dispersed and hungry, some living with the Indians.

• For all - newcomers and previous survivors - life was grim to the point of being hard to read about. Without recounting the details and all the causes, a year after this second sailing, 900 had actually landed in Virginia and 150 were still there.

These were tough people and survivors and became the nucleus of what was ultimately a successful colony.

• In 1619, 1650 people had sailed from England for Virginia. 300 had returned to England and there were 350 English living in Virginia. So 1000 had died en route or in Virginia.

As mentioned above, the company was to govern the plantations rather than the king, but it was still a despotic rule in that the company wrote the governing regulations without taking the planters or their representatives into counsel. The code created by the company had the title "Articles, Laws and Orders, Divine, Politique, and Martial for the government of Virginia". The title is a good statement of the scope of these regulations.

• There was no religious tolerance. Only those who had taken the "Oath of Supremacy" could go to Virginia - which was de facto establishment of the Church of England and excluded Roman Catholics. There was a list of religious offences for which one could be flogged or sent to service in the galleys for six months. Some repeated offences could result in a death sentence. But, apparently, carrying out a death penalty was quite rare.

It should be remembered that this mirrored practice in England and it was, in practice, much more lenient than in England.

• Whatever the settlers produced went into a common stock and they were clothed and fed alike from it. They were, in effect, employees of the company. And the company was run like a commune.

This idea was also used later at Plymouth with almost devastating results. As it was, in this settlement, it required what amounted to martial law to keep people working, and of course, the results were not great, but the colony did survive.

In the words of historian Edwin Channing (Channing, Vol. I, pg. 187)

". . . the new rulers of Virginia, were soldiers hardened to the usages of war. . . They compelled the colonists to work as they had never worked before. They protected them from the Indians, they fed them, and punished them when they idled away the company's time. . "

A group that attempted escape in company boats was executed.

But Channing also states that Virginia and the United States owe Sir Thomas Gates, who was in charge of all this, a debt of gratitude - which is likely true. It is unlikely that colonization of Virginia would have succeeded otherwise.

• Much of the code addressed offenses to keep people as honest as possible in this regard with severe punishments. But it can be imagined how effective that must have been. Malingering was a punishable offence, but how could a requirement for everyone to work to his best ability be enforced?
• Perhaps the savior of the Virginia colony was tobacco. It grew well in Virginia, but did not sell in England until it was learned how to cure tobacco for the English market.

The Charter of 1609 was revoked in 1627(?). It made no difference to property owners in Virginia since it was a principle of English law that a legal title to any property cannot be divested without just cause. This principle, already in place from Virginia's beginning, is central to liberty.

• For the most part, Virginia colonists did not miss the company for a moment. Channing states that: "The story of Virginia in the fifteen years following the dissolution of the company is one of slowly growing contentment and prosperity." (Channing Vol I, page 227)
• With the revocation, government of Virginia reverted to the crown. Ownership of unallocated land reverted to the crown.

In 1941, a commission was given to William Berkeley who, with his appointed council, were given "full power to direct and govern, correct and punish, the colonists, and order all affairs of peace and war within the colony." they were answerable to the Lord Commissioners and Committees for the Plantations.

• This commission reasserted that all planters should take the Oaths of allegiance and Supremacy - establishing the Curch of England. Refual was to result in being returned to England.
• The commission did require that a general ssembly be held yearly to make laws "as neas as may be to the laws of England." The Governor could veto them, but they were not required to be approved in England.

In practice, because of Berkeley's force of character, he ruled mostly as he wished in spite of the representative assembly.

• An important article in the commission required that all tobacco be shipped to England and only in English ships and that only English ships be permitted to trade in Virginia - which could be considered a quasi monopoly.

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