LITMIR.BIZ

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and Parliament would permit nothing detrimental to their interests.

      The Assembly claimed the exclusive right to levy general taxes. The Governor and Council time and again tried to wrest this privilege from them, but never with success.148 The Burgesses, realizing that their hold upon the exchequer was the chief source of their power, were most careful never to relinquish it. From time to time the Governors sought to evade this restraint by levying taxes under the guise of fees. But this expedient invariably excited intense irritation, and yielded a revenue so small that most Governors thought it best to avoid it entirely. Of more importance were the quit-rents, a tax on land, paid to the King by all freeholders. But this was frequently avoided, and, except at rare intervals, the funds raised by it were left in Virginia to be expended for local purposes. The greatest blow to the power of the Burgesses was struck by the King in 1680, when he forced through the Assembly a law granting to the government a perpetual income from the export duty on tobacco. This revenue, although not large, was usually sufficient to pay the Governor's salary, and thus to render him less dependent upon the Assembly. Finally, it must not be forgotten that the English government, although it refrained from taxing the colony directly, imposed an enormous indirect tax by means of a tariff upon tobacco brought into England. These duties were collected in England, but there can be no doubt that the incidence of the tax rested partly upon the Virginia planters. Despite these various duties, all levied without its consent, the Assembly exercised a very real control over taxation in Virginia, and used it as an effective weapon against the encroachments of the Governors.

      From the very first the General Assembly showed itself an energetic and determined champion of the rights of the people. Time and again it braved the anger of the Governor and of the King himself, rather than yield the slightest part of its privileges. During the decade preceding the English Revolution only the heroic resistance of this body saved the liberal institutions of the colony from destruction at the hands of Charles II and James II.

      The General Assembly was not only a legislative body, it was also a court of justice, and for many years served as the highest tribunal of the colony. The judicial function was entrusted to a joint committee from the two houses, whose recommendations were usually accepted without question. Since this committee invariably contained more Burgesses than Councillors, the supreme court was practically controlled by the representatives of the people. During the reign of Charles II, however, the Assembly was deprived of this function by royal proclamation, and the judiciary fell almost entirely into the hands of the Governor and Council.

      The General Assembly consisted of two chambers—the House of Burgesses and the Council. In the early sessions the houses sat together and probably voted as one body.149 Later, however, they were divided and voted separately. The Burgesses, as time went on, gradually increased in numbers until they became a large body, but the Council was always small.

      The Councillors were royal appointees. But since the King could not always know personally the prominent men of the colony, he habitually confirmed without question the nominations of the Governor. The members of the Council were usually persons of wealth, influence and ability. As they were subject to removal by the King and invariably held one or more lucrative governmental offices, it was customary for them to display great servility to the wishes of his Majesty or of the Governor. It was very unusual for them to oppose in the Assembly any measure recommended by the King, or in accord with his expressed wishes. Although the Councillors were, with rare exceptions, natives of Virginia, they were in no sense representative of the people of the colony.

      As the upper house of the Assembly, the Council exercised a powerful influence upon legislation. After the separation of the chambers their consent became necessary for the passage of all bills, even money bills. Their legislative influence declined during the eighteenth century, however, because of the growing spirit of liberalism in Virginia, and the increasing size of the House of Burgesses.

      The executive powers entrusted to the Council were also of very great importance. The Governor was compelled by his instructions to secure its assistance and consent in the most important matters. And since the chief executive was always a native of England, and often entirely ignorant of conditions in the colony, he was constantly forced to rely upon the advice of his Council. This tendency was made more pronounced by the frequent changes of Governors that marked the last quarter of the seventeenth century. So habitually did the Council exercise certain functions, not legally within their jurisdiction, that they began to claim them as theirs by right. And the Governor was compelled to respect these claims as scrupulously as the King of England respects the conventions that hedge in and limit his authority.

      Before the end of the seventeenth century the Council had acquired extraordinary influence in the government. With the right to initiate and to block legislation, with almost complete control over the judiciary, with great influence in administrative matters, it threatened to become an oligarchy of almost unlimited power.

      But it must not be supposed that the influence of the Council rendered impotent the King's Governor. Great powers were lodged in the hands of this officer by his various instructions and commissions. He was commander of the militia, was the head of the colonial church, he appointed most of the officers, attended to foreign affairs, and put the laws into execution. His influence, however, resulted chiefly from the fact that he was the representative of the King. In the days of Charles I, in the Restoration Period and under James II, when the Stuarts were combating liberal institutions, both in England and in the colonies, the Governor exercised a powerful and dangerous control over affairs in Virginia. But after the English Revolution his power declined. As the people of England no longer dreaded a monarch whose authority now rested solely upon acts of Parliament, so the Virginians ceased to fear his viceroy.

      The powers officially vested in the Governor were by no means solely executive. He frequently made recommendations to the Assembly, either in his own name or the name of the King, and these recommendations at times assumed the nature of commands. If the Burgesses were reluctant to obey, he had numerous weapons at hand with which to intimidate them and whip them into line. Unscrupulous use of the patronage and threats of the King's dire displeasure were frequently resorted to. The Governor presided over the upper house, and voted there as any other member. Moreover, he could veto all bills, even those upon which he had voted in the affirmative in the Council. Thus he had a large influence in shaping the laws of the colony, and an absolute power to block all legislation.

      Such, in outline, was the government originated for Virginia by the liberal leaders of the London Company, and put into operation by Sir George Yeardley. It lasted, with the short intermission of the Commonwealth Period, for more than one hundred and fifty years, and under it Virginia became the most populous and wealthy of the English colonies in America.

      The successful cultivation of tobacco in Virginia, as we have seen, put new life into the discouraged London Company. The shareholders, feeling that now at last the colony would grow and prosper, exerted themselves to the utmost to secure desirable settlers and to equip them properly. Soon fleets of considerable size were leaving the English ports for America, their decks and cabins crowded with emigrants and their holds laden with clothing, arms and farming implements.150 During the months from March 1620 to March 1621 ten ships sailed, carrying no less than 1051 persons.151 In the year ending March, 1622, seventeen ships reached Virginia, bringing over fifteen hundred new settlers.152 And this stream continued without abatement until 1624, when disasters in Virginia, quarrels among the shareholders and the hostility of the King brought discouragement to the Company. In all, there reached the colony from November, 1619, to February, 1625, nearly five thousand men, women and children.153

      Although tobacco culture was the only enterprise of the colony which had yielded a profit, it was not the design of Sandys and his friends that that plant should monopolize the energies of the settlers. They hoped to make Virginia an industrial community, capable of furnishing the mother country with various manufactured articles, then imported from foreign countries. Especially anxious were they to render England independent in their supply of pig iron. Ore having been discovered a few miles above Henrico on the James, a furnace was erected there and more than a hundred skilled workmen brought over from England to put it into operation. Before the works could be completed, however, they were utterly demolished by the savages, the machinery thrown into the river, all the workmen slaughtered,154

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