THE foregoing Charter, then, was a provincial Charter, by which, overlooking the less important clauses, the provision for political government was this:-Each colony was to be governed by a Local Council, appointed and removable according to Royal instructions; while these Councils were at the same time to be under the superior management and control of another Council sitting in England. It obviously, therefore, depended on the nature of the instructions, their particularity and permanence, as to what voice the colonists should have in. the management of their affairs. At first, as already mentioned with respect to clause 7, the King was prepared to treat them with liberality. In virtue of this Charter, then, the London Company applied themselves to the formation of a settlement forthwith. In December, 1606, three small vessels, under the command of Captain Newport, sailed with a hundred and five men, who were destined to remain in the settlement they established. Several of these emigrants were members of distinguished families-particularly George Percy, a brother of the Earl of Northumberland; and several were officers of reputation, of whom we may mention Bartholomew Gosnold the navigator, and Captain John Smith, one of the most distinguished ornaments of an age that was prolific of memorable men.' * The colony was at first thrown into confusion in consequence of the 'ostentatious mystery' which forbade the commission containing the names of the Provincial Council (and which was also issued in accordance with clause 7 of the Charter) to be opened until after the arrival of the colonists. Subsequently, the tendency to injudicious appointments, where the colonists themselves have no control over them, was remarkably illustrated in the case of the President, who, after exposing the colonists to danger and distress by his jealous suspicions, combined with his incompetence, was accused of embezzling the public stores, and finally detected in an attempt to seize a pinnace, and escape from the colony and its calamities. The influence, however, of Captain Smith with the colonists, resulting from the force of his genius and character, added to the ascendency he gained over the Indians, partly through the romantic attachment of Pocahontas, enabled him to make up for the faults of his predecessor. Having been chosen President of the Council, he exerted his authority so vigorously and judiciously, that a spirit of order and industry began generally to prevail. According to the statement of Dr. Russell, a colonist, scarcity was banished through his influence with the Indians; danger averted or gallantly encountered; and the plots formed against him signally frustrated, without either straining or compromising his authority. According to Grahame, 'in a small society where no great inequality of accommodation could exist, where power derived no aid from pomp, circumstance, or mystery, and where he owed his office to the appointment of his associates, and held it by the tenure of their good will, he preserved order and enforced morality among a crew of dissolute * Grahame. 6 and disappointed men.' But his administration, he adds, was unacceptable to the Company in England, for the same reasons that rendered it beneficial to the settlers. The patentees were engaged in a speculation merely, and the improving state of society in the settlement promoted habits and interests incompatible with their desires. On this account, according to Smith himself, they conceived it necessary to resume into their hands the authority at that time vested in the colonists, and to abolish all jurisdiction originating in America. This was the inducement for the new Charter, which was granted March 23, 1609, in order to obtain which the Company had fortified its pretensions by the acquisition of many additional associates. It is said with respect to this Charter, by Story, that it contains no important change in its substantial provisions as to the civil or political rights of the colonists.' But it is impossible to read its eighth, thirteenth, fourteenth, and fifteenth clauses without perceiving a change of the most important character, as against the colonists, was both intended and promoted. It is true, according to the expressions used in the celebrated case of Johnson v. McIntosh, 8 Wheat. 543, that this was a new and more enlarged Charter.' But it was only so as in favour of the London Company; as respects the colonists, it was an abridgment of their privileges, and it was granted, moreover, in disregard of the rights of those of them who had emigrated on the faith of the preceding one. The following are its provisions: 23 I. CHARTER No. II. JAM may to whom these presents shall come, greeting. Whereas, at the AMES, by the Grace of God, King of England, Scotland, humble suit and request of sundry of our loving and well-disposed II. Now, forasmuch as divers and sundry of our loving subjects, as well adventurers, as planters, of the said first colony, which have already engaged themselves in furthering the business of the said colony and plantation, and do further intend, by the assistance of Almighty God, to prosecute the same to a happy end, have of late been humble suitors unto Us, that (in respect to their great charges and the adventure of many of their lives, which they have hazarded in the said discovery and plantation of the said country) We would be pleased to grant them a further enlargement and explanation of the said grant, privileges, and liberties, and that such Counsellors and other officers may be appointed amongst them, to manage and direct their affairs, as are willing and ready to adventure with them, as also whose dwellings are not so far remote from the city of London, but that they may, at convenient times, be ready at hand to give their advice and assistance, upon all occasions requisite. London or surer and ginia. III. We, greatly affecting the effectual prosecution and happy Incorporasuccess of the said plantation, and commending their good desires tion of the therein, for their further encouragement in accomplishing so first Colony, excellent a work, much pleasing to God, and profitable to our by the name kingdom, do, of our especial grace, and certain knowledge, and of The Treamere motion, for Us, our heirs, and successors, give, grant, and Company of confirm, to our trusty and well-beloved subjects, Robert, Earl of adventurers and planters Salisbury, Thomas, Earl of Suffolk, Henry, Earl of Southampton, of the City of and others (including, according to Grahame's enumeration, twenty- London, for one peers, ninety-eight knights, and a great multitude of doctors, the first Coesquires, gentlemen, merchants, and citizens, and sundry of the bony in Vircorporations of London, in addition to the former adventurers; in all, occupying more than six pages of Almon's edition); and to such, and so many, as they do, or shall hereafter, admit to be joined with them, in form hereafter in these presents, expressed, whether they go in their persons, to be planters there in the said plantation, or whether they go not, but adventure their monies, goods, or chattels; that they shall be one body or commonalty perpetual, and shall have perpetual succession, and one common seal, to serve for the said body or commonalty: and Name of the that they, and their successors, shall be known, called, and incorporated by the name of, The Treasurer and Company of Adventurers and Planters for the City of London for the first Colony in Virginia. corporation. lands in IV. And that they, and their successors, shall be, from hence- Capacity to forth, for ever enabled to take, acquire, and purchase, by the name purchase aforesaid (licence for the same, from us, our heirs or successors, England; first had and obtained) any manner of lands, tenements, and hereditaments, goods, and chattels, within our realm of England, and dominion of Wales. V. And that they, and their successors, shall likewise be enabled, and to sue by the name aforesaid, to plead and be impleaded, before any of and be sued. our judges or justices, in any of our courts, and in any actions or suits whatsoever. land in VI. And we do also, of our special grace, certain knowledge, Grant of and mere motion, give, grant, and confirm, unto the said treasurer and company, and their successors, under the reservations, limita America to the said treasurer and company. tions, and declarations, hereafter expressed, all those lands, countries, and territories, situate, lying, and being, in that part of America called Virginia, from the point of land called Cape or Point Comfort, all along the sea coast, to the northward two hundred miles, and from the said point of Cape Comfort, all along the sea coast, to the southward two hundred miles, and all that space and circuit of land, lying from the sea coast of the precinct aforesaid, up into the land, throughout from sea to sea, west and northwest; and also all the islands, lying within one hundred miles, along the coast of both seas of the precinct aforesaid; together with all the soils, grounds, havens, and ports, mines, as well royal } mines of gold and silver, as other minerals, pearls, and precious stones, quarries, woods, rivers, waters, fishings, commodities, jurisdictions, royalties, privileges, franchises, and preheminences, within the said territories, and the precincts thereof, whatsoever, and thereto and thereabouts, both by sea and land, being, or in any sort belonging or appertaining, and which we, by our letters patents, may or can grant, in as ample manner and sort, as we, or any our noble progenitors, have heretofore granted to any company, body politic or corporate, or to any adventurer, or adventurers, undertaker, or undertakers, of any discoveries, plantations, or traffic, of, in or into any foreign parts whatsoever, and in as large and ample manner, as if the same were herein particularly Habendum. mentioned and expressed: To have and to hold, possess and enjoy, all and singular the said lands, countries, and territories, with all and singular other the premises, heretofore by these presents granted, or mentioned to be granted, to them, the said treasurer and company, their successors and assigns for ever; to the sole and proper use of them, the said treasurer and company, their Tenendum. successors and assigns for them: To be holden of us, our heirs, and successors, as of our manor of East-Greenwich, in free and Redendum.\common soccage, and not in capite; Yielding, and paying, there Power in said treasurer and assign under their com mon seal, fore, to us, our heirs, and successors, the fifth part only of all ore of gold and silver, that from time to time, and at all times hereafter, shall be there gotten, had or obtained, for all manner of services. VII. And nevertheless, our will and pleasure is, and we do, by these presents, charge, command, warrant, and authorise, that the company to said treasurer and company, or their successors, or the major part convey and of them, which shall be present and assembled for that purpose, shall, from time to time, under their common seal, distribute, convey, assign, and set over, such particular portions of lands, particular tenements, and hereditaments, by these presents, formerly granted, unto such our loving subjects, naturally born, or denizens, or others, as well adventurers as planters, as by the said company (upon a commission of survey and distribution, executed and pany to par- returned for that purpose) shall be nominated, appointed, and ticular allowed; wherein our will and pleasure is, that respect be had, as adventurers. well of the proportion of the adventurer, as to the special service, hazard, exploit, or merit of any person, so to be recompensed, advanced, or rewarded. portions of the land hereby granted to the com planters or Establish VIII. And forasmuch, as the good and prosperous success of ment of a the said plantation cannot but chiefly depend, next under the reside at the com pany. blessing of God, and the support of our royal authority, upon the council to provident and good direction of the whole enterprise, by a careful London and and understanding council, and that it is not convenient, that to manage all the adventurers shall be so often drawn to meet and assemble, the affairs of as shall be requisite for them to have meetings and conference about the affairs thereof; therefore we do ordain, establish, and confirm, that there shall be perpetually one council here resident, according to the tenour of our former letters patents; which council shall have a seal, for the better government and administration of the said plantation, besides the legal seal of the company or corporation, as in our former letters patents is also expressed. seal, distinct from the whole com IX. And farther, we establish and ordain, that Henry, Earl of This council Southampton, William, Earl of Pembroke, Henry, Earl of Lin- shall have a coln, Thomas, Earl of Exeter, Robert, Lord Viscount Lisle, Lord Theophilus Howard, James, Lord Bishop of Bath and Wells, common Edward, Lord Zouche, Thomas, Lord Lawarr, William, Lord seal of the Monteagle, Edmund, Lord Sheffield, Grey, Lord Chandois, John, pany. Lord Stanhope, George, Lord Carew, Sir Humfrey Weld, Lord Mayor of London, Sir Edward Cecil, Sir William Wade, Sir Henry Nevil, Sir Thomas Smith, Sir Oliver Cromwell, Sir Peter Manwood, Sir Thomas Challoner, Sir Henry Hobert, Sir Francis Bacon, Sir George Coppin, Sir John Scot, Sir Henry Carey, Sir Robert Drury, Sir Oratio Vere, Sir Edward Conway, Sir Maurice Barkeley, Sir Thomas Gates, Sir Michael Sandys, Sir Robert Mansel, Sir John Trevor, Sir Amias Preston, Sir William Godolphin, Sir Walter Cope, Sir Robert Killigrew, Sir Henry Fanshaw, Sir Edwin Sandys, Sir John Watts, Sir Henry Montague, Sir William Romney, Sir Thomas Roe, Sir Baptist Hicks, Sir Richard Williamson, Sir Stephen Poole, Sir Dudly Digges, Christopher Brooke, Esq., John Eldrid, and John Wolstenholme, shall be our council for the said company of adventurers and planters in Virginia. of the first members of X. And the said Thomas Smith we do ordain to be treasurer of Nomination the said company: which treasurer shall have authority, to give order, for the warning of the council, and summoning the com- this council pany to their courts and meetings. by the king. thetreasurer future va XI. And the said council and treasurer, or any of them, shall Election of be from henceforth nominated, chosen, continued, displaced, and counsel. changed, altered, and supplied, as death, or other several occa- lors in all sions, shall require, out of the company of the said adventurers, cancies by by the voice of the greater part of the said company and adven- the majority turers, in their assembly for that purpose: provided always, that of the said every counsellor, so newly elected, shall be presented to the Lord company. Chancellor of England, or to the Lord High Treasurer of England, or to the Lord Chamberlain of the household of us, our heirs, and successors, for the time being, to take his oath of a counsellor to us, our heirs, and successors, for the said company of adventurers and colony in Virginia. XII. And we do, by these presents, of our special grace, certain Power of knowledge, and mere motion, for us, our heirs, and successors, deputy treaappointing a grant unto the said treasurer and company, and their successors, surer, in that if it happen, at any time or times, the treasurer for the time cases of being to be sick, or to have any such cause of absence from the necessity. |