The Great Events by Famous Historians, Volume 10

by Unknown

On April 10, 1606, James I issued a patent to Sir Thomas Gates, Sir George Somers, Richard Hakluyt, and others with them associated, under which they proposed to embark upon their eagerly sought scheme. This royal grant deserves our close attention, as it will explain the nature of the enterprise and the powers originally enjoyed by those who entered upon it.

Selecting for the scene of operations the beautiful belt of country lying between the thirty-fourth and forty-fifth parallels of north latitude, the King certainly provided an ample field for the success of the patentees. This tract extends from Cape Fear to Halifax, and embraces all the lands between its boundaries in North America, except perhaps the French settlement in Arcadia, which had already been so far matured as to come under the excluding clause of the patent. For colonizing this extensive region the King appointed two companies of adventurers—the first consisting of noblemen, knights, gentlemen, and others in and about the city of London, which, through all its subsequent modifications, was known by the title of the London Company; the other consisted of knights, gentlemen, merchants, and others in and about the town of Plymouth, and was known as the Plymouth Company, though its operations were never extensive and were at last utterly fruitless.

To the London adventurers was granted exclusive right to all the territory lying between the thirty-fourth and thirty-eighth parallels and running from the ocean to an indefinite extent westward into the wilds of America, even to the waters of the Pacific. They were also allowed all the islands, fisheries, and other marine treasures within one hundred miles directly eastward from their shores and within fifty miles from their most northern and most southern settlements, following the coast to the northeast or southwest, as might be necessary. Within these limits ample jurisdiction was conferred upon them. To the Plymouth Company were granted in like manner the land and appurtenances between the forty-first and forty-fifth parallels. Thus the whole region between thirty-eight and forty-one was left open to the enterprise of both companies; but to render angry collision impossible, the charter contained the judicious clause above noted, by which each colony might claim exclusive right fifty miles north or south of its extreme settlements, and thus neither could approach within one hundred miles of the other.

The hope of gold and silver from America was yet clinging with tenacity to the English mind. James grants to the companies unlimited right to dig and obtain the precious and other metals, but reserves to himself one-fifth of all the gold and silver and one-fifteenth of all the copper that might be discovered. Immediately after this clause we find a section granting to the councils for the colonies authority to coin money and use it among the settlers and natives. This permission may excite some surprise when we remember that the right to coin has been always guarded with peculiar jealousy by English monarchs, and that this constituted one serious charge against the Massachusetts colony in the unjust proceedings by which her charter was wrested from her in subsequent years.

To the companies was given power to carry settlers to Virginia and plant them upon her soil, and no restriction was annexed to this authority except that none should be taken from the realm upon whom the King should lay his injunction to remain. The colonists were permitted to have arms and to resist and repel all intruders from foreign states; and it was provided that none should trade and traffic within the colonies unless they should pay or agree to pay to the treasurers of the companies 2½ per cent, on their stock in trade if they were English subjects, and 5 per cent, if they were aliens. The sums so paid were to be appropriated to the company for twenty-one years from the date of the patent, and afterward were transferred to the crown. James never forgot a prospect for gain, and could not permit the colonists to enjoy forever the customs which, as consumers of foreign goods, they must necessarily have paid from their resources.

The jealous policy which at this time forbade the exportation, without license, of English products to foreign countries, has left its impress upon this charter. The colonists were, indeed, allowed to import all "sufficient shipping and furniture of armour, weapons, ordinance, powder, victual, and all other things necessary," without burdensome restraint; but it was provided that if any goods should be shipped from England or her dependencies "with pretence" to carry them to Virginia, and should afterward be conveyed to foreign ports, the goods there conveyed and the vessel containing them should be absolutely forfeited to his majesty, his heirs and successors.

The lands held in the colonies were to be possessed by their holders under the most favorable species of tenure known to the laws of the mother-country. King James had never admired the military tenure entailed upon England by the feudal system, and he had made a praiseworthy though unsuccessful effort to reduce them all to the form of "free and common soccage," a mode of holding land afterward carried into full effect under Charles II, and which, if less pervaded by the knightly spirit of feudal ages, was more favorable to the holder and more congenial with the freedom of the English constitution. This easy tenure was expressly provided for the lands of the new country; and it is a happy circumstance that America has been little affected even by the softened bonds thus early imposed upon her.

But how shall these colonial subjects be governed? and from whom shall they derive their laws? These were questions to which the vanity and the arbitrary principles of the King soon found a reply. Two councils were to be provided, one for each colony, and each consisting of thirteen members. They were to govern the colonists according to such laws, ordinances, and instructions as should afterward be given by the King himself, under his sign manual and the privy seal of the realm of England; and the members of the council were to be "ordained, made, and removed from time to time," as the same instructions should direct. In addition to these provincial bodies a council of thirteen, likewise appointed by the King, was to be created in England, to which was committed the general duty of superintending the affairs of both colonies.

And to prove the pious designs of a monarch whose religion neither checked the bigotry of his spirit nor the profaneness of his language it was recited in the preamble of this charter that one leading object of the enterprise was the propagation of Christianity among "such people as yet live in darkness and miserable ignorance of the true knowledge and worship of God, and might in time be brought to human civility and to a settled and quiet government."

Such was the first charter of James to the colony of Virginia. We will not now pause to consider it minutely either for praise or for blame. With some provisions that seem to be judicious, and which afterward proved themselves to be salutary, it embraces the most destructive elements of despotism and dissension. The settlers were deprived of the meanest privilege of self-government, and were subjected to the control of a council wholly independent of their own action, and of laws proceeding directly or indirectly from the King himself. The Parliament of England would have been a much safer depositary of legislative power for the colonists than the creatures of a monarch who held doctrines worthy of the Sultan of Turkey or the Czar of the Russian empire.