The president and councils, or the major part of them, were empowered, from time to time, to make, ordain, and constitute laws, ordinances, and officers for the better government of the colony, provided that none of these laws affected life or limb in the settlers. Their enactments were also required to be, in substance, consonant to the jurisprudence of England, and the King or the council in the mother-country was invested with absolute power at any time to rescind and make void the acts of the provincial councils.
As the colonists should increase in population and influence the King reserves to himself the right to legislate for them; but condescends to restrict his law-making energies to such action as might be "consonant to the law of England or the equity thereof."
And to show his tender feelings toward the aborigines, whose lands he was so deliberately appropriating to the use of his subjects, his majesty requires that they shall be treated with all kindness and charity and that all proper means should be used to bring them to "the knowledge of God and the obedience of the King, his heirs and successors, under such severe pains and punishments as should be inflicted by the respective presidents and councils of the several colonies."
On these kindly ordinances the philosophic reader will not fail to observe the impress of the man. The stern penalty of death visited the crimes of rebellion and conspiracy, which aimed a blow at sovereign power, and even the popular tumult, which kings have so much cause to dread, was stilled by the same bloody monitor; yet arson and burglary were left to the discretion of the councils. Adultery was punished with death—a penalty never inflicted even in England, except during a time of puritanic zeal, which offered God a service without knowledge. In the eye of divine purity the offender, by this crime, may be the vilest of the vile, but if the Redeemer of the world refused to denounce the punishment of death against one taken in the act, it devolved not on this Scottish Draco to render it a capital crime. The whole legislative power is vested in the council, without any reference to the interests or the rights of the people whom they were to govern, and the King retains absolute control over the present and future laws of the colony, thus rendering their great distance from his face the best protection they could have against his tyranny. The trial by jury was required for capital felonies and manslaughter; but all inferior offences and every civil interest, however overwhelming in importance to the colonist, were to be summarily decided upon by the provincial councils. In the same space it would have been difficult to compress more absurd concession and of ruinous restraint. The clause requiring all things to be held in common was destructive of the most powerful stimulus that urges man to labor; the semblance of mercy which forbade war upon the savages often held the hand of the settler when raised in self-defence; and the church establishment, forced by the arm of the law upon reckless adventurers, made religion a hated bondage and the tithe-gatherer more odious than the author of evil.
But notwithstanding the defects and deformities of a charter which, in modern times, would have been indignantly rejected as an invasion of the rights of man, the London Company eagerly prepared for their proposed scheme of settlement. Sir Thomas Smith was elected treasurer—a gentleman who had amassed great wealth by merchandise, who was one of the assignees under Raleigh's patent, and was soon afterward made governor of the East India Company. Much has been said against him; but he was a man of public spirit and expanded views, and urged forward the enterprise with his influence and his contributions. The means of the company were at first very limited; three ships only were prepared, the largest of which was of not more than one hundred tons burden, and Christopher Newport was selected for the command. He was a navigator of some renown, principally derived from a voyage of destruction against the Spaniards in 1592; but he was a vain and affected character, little calculated for decisive and manly action. Instructions were prepared, but the King, with his accustomed profundity of folly, directed that they should be sealed in a box, and not opened until the voyagers arrived upon the coasts of Virginia. In the vessels there embarked, beyond the regular crews, one hundred five persons, to form the settlement. And it does not seem extravagant to assert that Virginia has felt, through all her subsequent history, the influence of these first settlers in giving a peculiar bias to her population. Besides the six gentlemen intended for the council, and Mr. Robert Hunt, a minister of the gospel, we find the names of more than fifty cavaliers, who are carefully reckoned in the shipping list as "gentlemen," and who were better fitted for the adventures of the drawing-room than for the rude scenes of the American forest. Disappointed in hope and reduced in fortune, these restless wanderers sought the New World with desire for exciting adventure and speedy wealth. Among them was George Percy, a member of a noble family and brother to the Earl of Northumberland. In this singular band we note but eleven professed laborers, four carpenters, one blacksmith, one bricklayer, and one mason: but we are not surprised to find a barber to aid in making the toilet of the "gentlemen," a tailor to decorate their persons, and a drummer to contribute to their martial aspirations!
Thus prepared with the elements of a refined colony, Newport set sail from Blackwall, December 19, 1606. Adverse winds kept him long upon the coast of England, and with disappointment came discord and murmuring among the voyagers. The preacher suffered with weakening disease, but his soothing counsels alone preserved peace among this wild company. Instead of following Gosnold's former voyage immediately across the Atlantic, they sailed by the Canaries and West Indies; and while in full route, the dissensions among the great men raged so furiously that Captain John Smith was seized and committed to close confinement on the false charge that he intended to murder the council and make himself King of Virginia. Arriving at length near the coast of America, their false reckoning kept them in suspense so alarming that Ratcliffe, commander of one of the barks, was anxious to bear away again for England.
But heaven, by its storms, contributed more to the settlements of Virginia than men by their infatuated counsels (1607). A furious tempest drove them all night under bare poles, and on April 26th they saw before them the broad inlet into the Bay of Chesapeake. The cape to the south they honored with the name of Henry, from the Prince of Wales, a noble youth, whose character gave the fairest promise of a career of high-souled action, whose love to Raleigh was only succeeded by his father's hatred, and whose early death gave England cause for unaffected mourning. The northern headland was called Charles, from the King's second son, who afterward succeeded to his throne.
As they passed the first cape a desire for recreation possessed them—and thirty, without arms, went on shore; but they were soon attacked by five savages, and two of the English were dangerously hurt. This inhospitable treatment promised but little for future peace. The sealed box was now opened, and it was found that Bartholomew Gosnold, John Smith, Edward Maria Wingfield, Christopher Newport, John Ratcliffe, John Martin, and George Kendall were named as members of the Provincial Council.
Sailing leisurely up the beautiful expanse of water to which the Indians had given a name that Europeans have never violated, the voyagers were charmed with the prospect before them. The season was mild, and nature had fully assumed that emerald robe of spring. On either side the distant land presented a scene of tranquil verdure, upon which the eye might rejoice to repose. The noble bay received into its bosom the waters of many broad streams, which descended from the highlands faintly visible in the dim horizon. Green islands saluted them at times as they advanced and invited their approach by their peaceful loveliness.
At length they reached the mouth of the magnificent river, that tempted them too strongly to be resisted. This was the "Powhatan" of the Indians; and no true lover of Virginia can cease to deplore the change which robbed this graceful stream of a title pregnant with all the associations of Indian valor and of the departed glory of their empire, and bestowed a name that can only recall a royal pedant and a timid despot!