"Such factions here we had, as commonly attend such voyages, that a paire of gallowes was made, but Captain Smith, for whom they were intended, could not be persuaded to use them."

He was still under suspicion and arrest when the fleet anchored (May 13, 1607) in the broad river, Powhatan, to which the English explorers gave the name of their king. Their first tents were pitched and first cabins built upon a low peninsula flanked by extensive marshes. The settlement received the name of Jamestown, in further demonstration of loyalty.

When the king's sealed orders were opened, the name of John Smith appeared second upon the roll of seven councillors appointed to govern the infant colony. Next to him Gosnold was fittest for the responsible position assigned to them. His death within three months after the landing, left Smith the object of the envious distrust of Wingfield, who had been elected president, and virtually alone in the honest desire to found a permanent settlement in Virginia for ends he thus sets forth:

"Erecting towns, peopling countries, informing the ignorant, reforming things unjust, teaching virtue and gain to our native Mother Country."

There is a prophetic ring in this remarkable utterance of one whom his contemporaries persisted in regarding as a reckless adventurer, ambitious and unscrupulous. His frank denunciation of the feeble measures of Wingfield and the selfish villainy of Ratcliffe, another colleague, had earned the ill-will of the president and the relentless hatred of Ratcliffe. Smith, being under arrest, was not allowed to take his place among the councillors. He bided the day of justice with patience learned from adversity. When the supreme opportunity came he grasped it. An attack from hostile Indians proved Wingfield's unfitness for the military command, and the alarmed colonists turned instinctively to the bravest of their number. Wingfield anticipated the uprising by reiterating his intention of sending Smith to England for trial, for the double crime of mutiny and treason.

"The restive soldier suddenly flamed out. He would be tried in Virginia as was his right—there was the charter! and the trial took place. The result was a ruinous commentary on the characters of Wingfield and the council. The testimony of their own witnesses convicted them of subornation of perjury to destroy Smith. He was acquitted by the jury of all the charges against him, and Kendall, who had conducted the prosecution, was condemned to pay him £200 damages. This sum was presented by Smith to the colony for the general use, and then the foes partook of the commission, and the soldier was admitted to his seat in the council." (Cooke's "History of Virginia.")

By autumn the settlement was fearfully reduced in numbers and spirits. Fever, engendered by marshland malaria and famine, threatened utter extinction.

"From May to September, those who escaped lived upon sturgeon and sea-crabs; 50 in this time were buried," writes one of the sufferers. "The rest, seeing the president's projects to escape these miseries in our pinnace by flight (who all this time had neither felt want or sickness), so moved our dead spirits as we deposed him and established Ratcliffe in his place."

It was an exchange of inefficiency for deliberate wickedness, and in the excess of continued misery the more reasonable of the victims arose as a man and put Smith at the head of affairs.

The "terrible summer" left hardly ten men who could wield axe or hoe. Smith himself was ill with malarial fever, yet nursed the sick, prayed with the dying, and kept up the hearts of all by brave words and braver action. He bought corn and meat of the Indians when they would sell, and when they refused, secured supplies by intimidation. Yet we find him, as soon as the immediate peril was over, again the subordinate of envious leaders, and volunteering to satisfy malcontents in America and in England, by heading a party in mid-December to attempt the discovery of the great "South Sea," for so long the ignis fatuus of Western adventurers.