civil Government in it as near as conveniently might be agreeable to [16] the Form of the English Government and policy thereof. The Country was to be united to the Realm of England in perfect LEAGUE and AMITY, was to be within the Allegiance of the Crown of England, and to be held by Homage, and the Payment of one Fifth of all Gold and Silver Ore, which was reserved for all Service, Duties, and Demands.
Sir Walter Raleigh, under this Charter, took Possession of North America, upon that Part of the Continent which gave him a Right to the Tract of Country which was between the twenty-fifth Degree of Latitude and the Gulf of St. Laurence; but a variety of Accidents happening in the Course of his Exertions to establish a Colony, and perhaps being overborn by the Expense of so great a Work, he made an Assignment to diverse Gentlemen and Merchants of London, in the 31st Year of the Queen’s Reign, for continuing his Plantations in America. These Assignees were not more successful in their Attempts than the Proprietor himself had been; but being animated with the expectation of mighty Advantages from the Accomplishment of their Undertaking, they, with others, who associated with them, obtained new Charters from King James the First, in whom all Sir Walter Raleigh’s Rights became vested upon his Attainder, containing the same extensive Jurisdictions, Royalties, Privileges, Franchises, and Pre-eminences, and the same Powers to establish a civil Government in the Colony, as had been granted to Sir W. Raleigh; with an express Clause of Exemption for ever from all Taxes or Impositions upon their Import and Export Trade.
Under these Charters the Proprietors effectually prosecuted, and happily succeeded, in planting a Colony upon that Part of the Continent which is now called [17] Virginia. This Colony, after struggling through immense Difficulties, without receiving the least Assistance from the English Government, attained to such a Degree of Perfection that in the Year 1621 a General Assembly, or legislative Authority, was established in the Governour, Council, and House of Burgesses, who were elected by the Freeholders as their Representatives; and they have continued from that Time to exercise the Power of Legislation over the Colony.
But upon the 15th of July, 1624, King James dissolved the Company by proclamation, and took the Colony under his immediate Dependence; which occassioned much Confusion, and created mighty Apprehensions in the Colony lest they should be deprived of the Rights and Privileges granted them by the Company, according to the Powers contained in the Charters.
To put an end to this Confusion, and to conciliate the Colony to the new System of Government the Crown intended to establish among them, K. Charles the First, upon the Demise of his Father, by Proclamation the 13th of May, 1625, declared “Virginia should be immediately dependent upon the Crown; that the Affairs of the Colony should be vested in a Council, consisting of a few Persons of Understanding and Quality, to be subordinate and attendant to the Privy Council in England; that he was resolved to establish another Council in Virginia, to be subordinate to the Council in England for the Colony; and that he would maintain the necessary Officers, Ministers, Forces, Ammunition, and Fortifications thereof, at his own Charge.” But this Proclamation had an Effect quite different from what was intended; [18] instead of allaying, it increased the Confusion of the Colony; they now thought their regular Constitution was to be destroyed, and a Prerogative Government established over them: or, as they express themselves in their Remonstrance, that “then Rights and Privileges were to be assaulted.” This general Disquietude and Dissatisfaction continued until they received a Letter from the Lords of the Privy Council, dated July the 22nd, 1634, containing the Royal Assurance and Confirmation that “all their Estates, Trade, Freedom, and Privileges, should be enjoyed by them in as extensive a Manner as they enjoyed before the recalling the Company’s Patent;” whereupon they became reconciled, and began again to exert themselves in the Improvement of the Colony.
Being now in full Possession of the Rights and Privileges of Englishmen, which they esteemed more than their Lives, their Affection for the Royal Government grew almost to Enthusiasm; for upon an Attempt to restore the Company’s Charter by Authority of Parliament, the general assembly, upon the 1st of April, 1642, drew up a Declaration of Protestation, in the Form of an Act, by which they declared “they never would submit to the Government of any Company or Proprietor, or to so unnatural a Distance as a Company or other Person to interpose between the Crown and the Subjects; that they were born under Monarchy, and would never degenerate from the Condition of their Births by being subject to any other Government; and every Person who should attempt to reduce them under any other Government was declared an Enemy to the Country, and his Estate was to be forfeited.” This Act, being presented to the King at his Court at York, July 5th, 1644, [19] drew from him a most gracious answer, under his Royal Signet, in which he gave them the fullest Assurances that they would be always immediately dependent upon the Crown, and that the Form of Government should never be changed. But after the King’s Death they gave a more eminent Instance of their Attachment to Royal Government, in their Opposition to the Parliament, and forcing the Parliament Commissioners, who were sent over with a Squadron of Ships of War to take Possession of the Country, into Articles of Surrender, before they would submit to their Obedience. As these Articles reflect no small Honour upon this Infant Colony, and as they are not commonly known, I will give an Abstract of such of them as relate to the present Subject.
1. The Plantation of Virginia, and all the inhabitants thereof, shall be and remain in due Subjection to the Commonwealth of England, not as a conquered Country, but as a Country submitting by their own voluntary Act, and shall enjoy such Freedoms and Privileges as belong to the People of England.
2. The General Assembly as formerly shall convene, and transact the Affairs of the Colony.
3. The People of Virginia shall have a free Trade, as the People of England, to all, Places, and with all Nations.
4. Virginia shall be free from all Taxes, Customs, and Impositions whatsoever; and none shall be imposed on them without consent of the General Assembly; and that neither Forts nor Castles be erected, or Garrisons maintained, without their Consent.
Upon this Surrender of the Colony to the Parliament, Sir W. Berkley, the Royal Governour, was removed, [20] and three other Governours were successively elected by the House of Burgesses; but in January 1659 Sir William Berkley was replaced at the Head of the Government by the People, who unanimously renounced their Obedience to the Parliament, and restored the Royal Authority by proclaiming Charles the 2d King of England, Scotland, France, Ireland, and Virginia; so that he was King in Virginia some Time before he had any certain Assurance of being restored to his throne in England.
From this Detail of the Charters, and other Acts of the Crown, under which the first Colony in North America was established, it is evident that “the Colonists were not a few unhappy Fugitives who had wandered into a distant Part of the World to enjoy their civil and religious Liberties, which they were deprived of at home,” but had a regular Government long before the first Act of Navigation, and were respected as a distinct State, independent, as to their internal Government, of the original Kingdom, but united with her, as to their external Polity, in the closest and most intimate LEAGUE AND AMITY, under the same Allegiance, and enjoying the Benefits of a reciprocal Intercourse.
But allow me to make a Reflection or two upon the preceding Account of the first Settlement of an English Colony in North America.
America was no Part of the Kingdom of England; it was possessed by a savage People, scattered through the Country, who were not subject to the English Dominion, nor owed Obedience to its Laws. This independent Country was settled by Englishmen at their own Expense, under particular Stipulations with the Crown: These Stipulations then must be the sacred Band of [21] Union between England and her Colonies, and cannot be infringed without Injustice. But you Object that “no Power can abridge the Authority of Parliament, which has never exempted any from the Submission they owe to it; and no other Power can grant such an Exemption.”
I will not dispute the Authority of the Parliament, which is without Doubt supreme within the Body of the Kingdom, and cannot be abridged by any other Power; but may not the King have Prerogatives which he has a Right to exercise
