On the following day the governor directed the house to take measures to defend the country against the Indians, and advised them to beware of two rogues among them, meaning Lawrence and Drummond, who both lived at Jamestown. But some of the burgesses, in order to effect a redress of some of the grievances that the country labored under, made motions for inspecting the public revenues, the collector's accounts, etc., when they received pressing messages from the governor to meddle with nothing else till the Indian business was disposed of. The debate on this matter rose high, but the governor's orders were finally acquiesced in.

While the committee on Indian affairs was sitting, the Queen of Pamunkey, a descendant of Opechancanough, was introduced into their room. Accompanied by an interpreter and her son, a youth of twenty years, she entered with graceful dignity. Around her head she wore a plait of black and white wampum-peake, a drilled purple bead of shell, three inches wide, after the manner of a crown. There is preserved at Fredericksburg a silver frontlet, purchased from some Indians, with a coat of arms, and inscribed "The Queen of Pamunkey," "Charles the Second, King of England, Scotland, France, Ireland, and Virginia," and "Honi soit qui mal y pense." She was clothed in a mantle of dressed buckskin, with the fur outward, and bordered with a deep fringe from head to foot. Being seated, the chairman asked her "How many men she would lend the English for guides and allies?" She referred him to her son, who understood English, being the reputed son of an English colonel. But he declining to answer, she burst forth in an impassioned speech of a quarter of an hour's length, often repeating the words, "Totopotomoi dead," referring to her husband, who, as has been seen, had fallen while fighting under Colonel Hill, the elder. The chairman, untouched by this appeal, roughly repeated the inquiry, how many men she would contribute. Averting her head with a disdainful look she sate silent, till the question being pressed a third time, she replied in a low tone, "Six." When still further importuned she said "Twelve," although she had then one hundred and fifty warriors in her town. She retired silent and displeased.

The assembly went on to provide for the Indian war, and made Nathaniel Bacon, Jr., general and commander-in-chief, which was ratified by the governor and council. An act was also passed indemnifying Bacon and his party for their violent acts; and a highly applausive letter was prepared, justifying Bacon's designs and proceedings, addressed to the king and subscribed by the governor, council, and assembly. Sir William Berkley at the same time communicated to the house a letter addressed to his majesty, saying: "I have above thirty years governed the most flourishing country the sun ever shone over, but am now encompassed with rebellion like waters, in every respect like that of Massaniello, except their leader." Massaniello, or Thomas Anello, a fisherman of Naples, born 1623, exasperated by the oppressive taxes imposed by Austria upon his countrymen, at the head of two thousand young men, armed with canes, overthrew the viceroy, seized upon the supreme power, and after holding it for some years, fell by the hands of assassins in 1647. Some of the burgesses also wrote to the king, setting forth the circumstances of the outbreak. The amnesty extended from the 1st day of March to the 25th day of June, 1676, and excepted only offences against the law concerning the Indian trade.[296:A] The assembly did not restrict itself to measures favorable to Bacon. According to the letter of the law, at least, he had been guilty of rebellion in assuming a military command and marching against the savages without a commission, and he had so acknowledged. Yet he was not more guilty than the bulk of the people of the colony, and probably not more so than a majority of the assembly itself; and the popular movement seemed justified by an urgent necessity of self-defence, and an intolerable accumulation of public grievances. On the other hand, Sir William Berkley had violated his solemn engagement to grant the commission. Besides, it did not escape the notice of the assembly that the term of ten years for which, it was believed, he had been appointed, had expired; and this circumstance, although it might not be held absolutely to terminate his authority, served at the least to attenuate it. The assembly adopted measures with a view at once to vindicate the supremacy of the law; to heal the wounded pride of the aged governor; to protect the country; to screen Bacon and his confederates from punishment, and to reform the abuses of the government.

It is remarkable that the resolutions, instructing the Virginia delegates in Congress to declare the colonies free and independent, were passed in June, 1776, and that the assembly, under Bacon's influence, met in June, 1676. The first act of this session declared war against the hostile Indians, ordering a levy of one thousand men, and authorizing General Bacon to receive volunteers; and if their number should prove sufficient, to dispense with the regular force; Indians taken in war to be made slaves; the forces divided into southern and northern, and such officers to be appointed to command these divisions as the governor should commission. An act was then passed for the suppressing of tumults, the preamble reciting that there had of late "been many unlawful tumults, routs, and riots, in divers parts of this country, and that certain ill-disposed and disaffected people of late gathered, and may again gather themselves together, by beat of drum and otherwise, in a most apparent rebellious manner, without any authority or legal commission, which may prove of very dangerous consequences," etc. The act for regulating of officers and offices, shows how many abuses and how much rapacity had crept into the administration. By this act it was declared that no person, not being a native or minister, could hold any office until he had resided in the colony for three years. The democratic spirit of this assembly displayed itself in a law "enabling freemen to vote for burgesses;" and another making the church vestries eligible by the freemen of the parish, once in three years. Representatives were to be chosen by the people in each parish to vote with the justices in laying the county levy, and in making by-laws. The county courts were authorized to appoint their own collectors; and members of the council were prohibited from voting with the justices. An act for suppressing of ordinaries, or country taverns, suppressed all except three, one at James City, and one at each side of York River, at the great ferries; and these were prohibited from retailing any liquors, except beer and cider. Lieutenant-Colonel Hill, and Lieutenant John Stith, both of the parish of Westover, and County of Charles City, were disabled from holding office in that county, for having fomented misunderstandings between the honorable governor and his majesty's good and loyal subjects, the inhabitants of the Counties of Charles City and Henrico, and having been instrumental in levying unjust and exorbitant taxes.[297:A] In evidence of the excitement and suspicion then prevailing, it was observed that some of the burgesses wore distinctive badges; a hundred years afterwards the opposite parties walked on opposite sides of the street.

In a few days the assembly was dissolved by the governor, who, seeing how great Bacon's influence was, apprehended only further mischief from their proceedings. A number of the burgesses, intending to depart on the morrow, having met in the evening to take leave of each other, General Bacon, as he now came to be styled, entered the room with a handful of papers, and, looking around, inquired, "Which of these gentlemen shall I interest to write a few words for me?" All present looking aside, being unwilling to act, Lawrence, Bacon's friend, pointing to one of the company, (the author of T. M.'s Account,) said: "That gentleman writes very well," and he, undertaking to excuse himself, Bacon, bowing low, said: "Pray, sir, do me the honor to write a line for me;" and he now consenting, was detained during the whole night, filling up commissions obtained from the governor, and signed by him. These commissions Bacon filled almost altogether with the names of the militia officers of the country, the first men in the colony in fortune, rank, and influence.

His vigorous measures at once restored confidence to the planters, and they resumed their occupations. Bacon, at the head of a thousand men, marched against the Pamunkies, killing many and destroying their towns. Meanwhile the people of Gloucester, the most populous and loyal county, having been disarmed by Bacon, petitioned the governor for protection against the savages. Reanimated by this petition, he again proclaimed Bacon a rebel and a traitor, and hastened over to Gloucester. Summoning the train-bands of that county and Middlesex, to the number of twelve hundred men, he proposed to them to pursue and put down the rebel Bacon—when the whole assembly unanimously shouted, "Bacon! Bacon! Bacon!" and withdrew from the field, still repeating the name of that popular leader, the Patrick Henry of his day, and leaving the aged cavalier governor and his attendants to themselves. The issue was now fairly joined between the people and the governor. Francis Morryson, afterwards one of the king's commissioners, in a letter dated at London, November 28th, 1677, and addressed to Secretary Ludwell, says: "I fear when that part of the narrative comes to be read that mentions the Gloucester petitions, your brother may be prejudiced, for there are two or three that will be summoned, will lay the contrivance at your brother's door and Beverley's, but more upon your brother, who, they say, was the drawer of it. For at the first sight, all the lords judged that that was the unhappy accident that made the Indian war recoil into a civil war; for the reason you alleged that bond and oath were proffered the governor, intended not against Bacon but the Indians, confirmed the people that Bacon's commission was good, it never being before disavowed by proclamation, but by letters writ to his majesty in commendation of Bacon's acting, copies thereof dispersed among the people."[299:A] According to another authority[299:B] the people of Gloucester refused to march against Bacon, but pledged themselves to defend the governor against him, if he should turn against Sir William Berkley and his government, which they hoped would never happen. From the result of this affair of the Gloucester petitions, we may conclude that either they contained nothing unfavorable to Bacon, or if they did, that they were gotten up by designing leaders without the consent of the people. It is certain that now, when Bacon's violent proceedings at Jamestown were known, the great body of the people espoused his cause and approved his designs.

Bacon, before he reached the head of York River, hearing from Lawrence and Drummond of the governor's movements, exclaimed, that "it vexed him to the heart, that while he was hunting wolves which were destroying innocent lambs, the governor and those with him should pursue him in the rear with full cry; and that he was like corn between two mill-stones, which would grind him to powder if he didn't look to it." He marched immediately back against the governor, who finding himself abandoned, again, on the twenty-ninth of July, proclaimed Bacon a rebel, and made his escape, with a few friends, down York River and across the Chesapeake Bay to Accomac, on the Eastern Shore. A vindication of Sir William, afterwards published, says: "Nor is it to be wondered at that he did not immediately put forth proclamations to undeceive the people, because he had then no means of securing himself, nor forces to have maintained such a proclamation by; but he took the first opportunity he could of doing all this, when Gloucester County, having been plundered by Bacon before his going out against the Indians, made an address."[300:A]

Bacon, upon reaching Gloucester, sent out parties of horse to patrol the country, and made prisoners such as were suspected of disaffection to his Indian expedition; releasing on parole those who took an oath to return home and remain quiet. This oath was strict in form but practically little regarded.

About this time there was detected in Bacon's camp a spy, who pretended to be a deserter from the opposite party, and who had repeatedly changed sides. Upon his being sentenced to death by a court-martial, Bacon declared that "if any one in the army would speak a word to save him, he should not suffer;" but no one interceding, he was put to death. Bacon's clemency won the admiration of the army, and this was the only instance of capital punishment under his orders, nor did he plunder any private house.

Having now acquired the command of a province of forty-five thousand inhabitants, and from which the crown derived a revenue of a hundred thousand pounds, he sate down with his army at Middle Plantation, and sent out an invitation, subscribed by himself and four of the council, to all the principal gentlemen of the country, to meet him in a convention at his headquarters, to consult how the Indians were to be proceeded against, and himself and the army protected against the designs of Sir William Berkley.[300:B] Bacon also put forth a reply to the governor's proclamations, demanding whether those who are entirely devoted to the king and country, can deserve the name of rebels and traitors? In vindication of their loyalty, he points to the peaceable conduct of his soldiers, and calls upon the whole country to witness against him if they can. He reproaches some of the men in power with the meanness of their capacity; others with their ill-gotten wealth; he inquires what arts, sciences, schools of learning or manufactures they had promoted; he justifies his warring against the Indians, and inveighs against Sir William Berkley for siding with them; insisting that he had no right to interfere with the fur-trade, since it was a monopoly of the crown, and asserting that the governor's factors on the frontier trafficked in the blood of their countrymen, by supplying the savages with arms and ammunition, contrary to law. He concludes by appealing to the king and parliament.