Chapter II: Part 2
A nice advertisement this for the healthfulness of Virginia's climate. One might wonder at the council's decision to publish the report were it not for the obvious fact that the alternative would have been worse still. Some explanation had to be given the public, for the adventurers had counted heavily on the presence of Lord De la Warr in Virginia to offset the discouragement of earlier reports from Jamestown, as their promotional literature amply demonstrates. He was a nobleman, the head of a great family, and a member of His Majesty's Council for Virginia. "Now know yee," reads the commission he had received in February 1610, "that we his Majesties said Councell upon good advise and deliberation and upon notice had of the wisedome, valour, circumspection, and of the virtue and especiall sufficiencie of the Right Honourable Sir Thomas West, Knight Lord la Warr to be in principall place of authoritie and government in the said collonie, and finding in him the said Lord la Warr propensness and willingness to further and advance the good of the said plantation, by virtue of the said authoritie unto us given by the said letters pattents have nominated, made, ordained and apointed ... the said Sir Thomas West, Knight Lord la Warr to be principall Governor, Commander and Captain Generall both by land and sea over the said colonie and all other collonies planted or to be planted in Virginia or within the limits specified in his Majesties said letters pattents and over all persons, Admiralls Vice-Admirals and other officers and commanders whether by sea or land of what qualitie soever for and during the term of his natural life, and do hereby ordaine and declare that he the said Lord la Warr during his life shall be stiled and called by the name and title of Lord Governor and Captain General of Virginia." And now, after little more than a year and before the subscribers to the new joint-stock fund had paid in their second installment, the Lord Governor and Captain General of Virginia was back in London to make a public confession that in Virginia he had nearly died of the ague, flux, and scurvy. From time to time thereafter the company publicly suggested that the Lord Governor might soon return to his post, but he did not undertake to do so until 1618 and then he died on the way.
Once more the leaders of the company showed determination. Delinquent subscribers were carried to court in a series of chancery actions extending into 1614. How much was collected in this way cannot be said, but the complaints entered in chancery have provided most helpful clues to an understanding of the company's financial history. It seems unlikely that anything collected as a result of these actions served to do more than reduce an indebtedness incurred by the company in 1611 on the promise of its subscribers. One thing is certain: there was no chance of floating another subscription. By 1612 the adventurers were complaining that only the name of God was more frequently profaned in the streets and market places of London than was the name of Virginia. After that year the Virginia lottery, its winning tickets entitling the holder to an exchange for shares in the Virginia joint-stock, became the company's chief dependence. Now and again there would also be found some person who wanted to go to Virginia at his own cost, and was willing to pay the cost in return for shares of stock guaranteeing an ultimate title to land in the colony. These transactions, at a time when Virginia's name had lost its magic, were perhaps too few to suggest to any one of the adventurers that here was the future, not only of the company, but of English colonization in North America. Although the Virginia Company continued to be active for thirteen years after 1611, the last of its great joint-stock funds was the one to which men made their subscriptions just before Lord De la Warr came home.
To this statement perhaps a qualification should be added. Virginia at first had been to Englishmen America itself, and so it had remained in a very real sense, despite an obvious tendency since 1609 for the adventurers to pin their hopes increasingly on what might be found within the reach of Jamestown. The continuance of the Virginia adventure became thus not simply a matter of keeping the Jamestown colony alive. What mattered was that somewhere in North America the great task to which the company had committed itself should go forward. And where better, after 1611, could this be tried than in the Bermudas? Divine providence had pointed the way, so clearly that it might even be possible to raise the needed funds in London. Moreover, Sir George Somers, by being shipwrecked there and subsequently by dying there, had provided a name for the islands that was both English and suggestive of a climate so healthful that even Lord De la Warr might prosper there. Accordingly, the leading members of the Virginia Company in 1612 undertook the colonization of the Somers Islands, a designation often written as the Summer Islands, and for that purpose they subscribed to a new joint-stock fund. The Bermuda joint-stock, however, seems to have been a much more modest fund than that subscribed either in 1609 or 1611.
There was nothing unusual in thus creating within the framework of the Virginia Company a special stock for investment under the direction of its own officers and committees in the colonization of Bermuda. In the great companies of London it was customary that each stock should be separately administered. The only technical difficulty lay in the fact that Bermuda was located outside the geographical limits granted the Virginia adventurers. Under the second of their charters, rights at sea (on both seas) had extended out from the coasts for only 100 miles, which for the purposes of 1612 was not far enough. The adventurers, therefore, sought and secured a third charter granting them rights along the coast of Virginia, within the limits of 41° and 30° of northerly latitude, to a distance of 300 leagues, in order to include "divers Islands lying desolate and uninhabited, some of which are already made known and discovered by the industry, travel, and expences of the said Company, ... all and every of which it may import the said Colony [of Virginia] both in safety and policy of trade to populate and plant."
This extension of bounds undoubtedly represents the chief reason for seeking the third Virginia charter, but the leaders of the company, while they had the opportunity, also included other significant provisions. Especially significant was a decision to enlarge the authority belonging to the general assembly of the adventurers. To its former prerogatives, which had been chiefly to elect members of the council and to determine the apportionment of lands, the third charter added three fundamental rights: to elect all officers of either company or colony, to admit new members to the fellowship of the company, and to draft laws and ordinances for the welfare of the plantation. Heretofore, the council had been the true governing body, though subject to a right of election and displacement by the adventurers in general assembly. Now the general court of the adventurers was to govern, with the council as its executive agency. Since voting in the Virginia courts, as in those of other companies at the time, was by head rather than by share, this provision of the charter can be interpreted only as an attempt by the great men of the company to encourage a renewed interest on the part of the general body of adventurers by enlarging their influence on the conduct of the company's affairs. It was the third charter which also authorized the establishment of the Virginia lottery--the first of many attempts in American history to exploit the gambler's instinct for the support of a worthy cause. In the charter the king also gave assurance that his courts would view favorably the company's suits against delinquent subscribers.
The Company of Merchants, called _Merchants of Virginia_, _Bermudas_, or _Summer-Ilands_, for (as I heare) all these additions are given them. I know not the time of their incorporating neither by whom their Armes, Supporters, and Crest were granted, and therefore am compelled to leaue them abruptly.
From John Stow, _Survey of London_, 1632
Photo by Virginia State Library.]
Courtesy Mrs. L. T. Jester and Mrs. P. W. Hiden]
Heading for the Broadside issued by _The Virginia Company_, London, 1615
Photo by Virginia State Library. From photograph in Virginia Historical Society.]
Photo by New York Public Library]
From _The London Company of Virginia_ (New York and London, 1908)
Photo by Virginia State Library.]
From Alexander W. Weddell, _Virginia Historical Portraiture_
Photo by Virginia State Library.]
"The Right Worshipful Sir Thomas Smith, of London, Knight, one of his Maiesties Councell for Virginia, and Treasurer for the Colonie, and Gouernour of the Companies of the Moscovia and East India Merchants"
From the Original Portrait by an Unknown Artist, now in the possession of The Skinners' Company, London.
From Alexander W. Weddell, _Virginia Historical Portraiture_
Photo by Virginia State Library.]
(Third Earl of Southampton)
From the painting by Michiel Jansz van Miereveldt
From _The London Company of Virginia_ (New York and London, 1908)
Photo by Virginia State Library.]
From the Original Portrait by an Unknown Artist, now in the possession of Sir Edmund Arthur Lechmere, Bart, Bramham Gardens, London, England
From Alexander W. Weddell, _Virginia Historical Portraiture_
Photo by Virginia State Library.]
Portrait by an unknown artist of the Anglo-Flemish School painted in oils early in the 17th Century. The original portrait is preserved in the Virginia Museum of Fine Arts, Richmond, Virginia
Photo by Virginia State Library.]
_Prince of Wales_
From Alexander Brown, _The Genesis of the United States_
Photo by Virginia State Library.]
The new charter having received the final seal in March 1612, a new colony was established in Bermuda in the following July. Its early history has a double significance for the later history of Virginia. In the first place, the Bermuda colony emphasizes the growing interest of the adventurers in what might be produced in America as against what might be found by way of America. The occupation of the Bermuda Islands might almost be described as a retreat from the earlier search for a passage to China. The move could be viewed also as a reassertion of an old interest in plundering the Spaniard, for the Bermudas lay athwart the homeward route of Spain's treasure fleets. But in any case the primary interest was in America and its own peculiar opportunities, and the attention given by the early settlers in Bermuda to experiments with tobacco, sugar, wine, ginger, and other such commodities suggests that their purpose was not so much to plunder the Spaniard as rather to emulate his success as a planter in the West Indies. Secondly, the adventurers showed a marked inclination to encourage each adventurer to meet his own costs. Provision was made for an early survey and division of the land, with the result that men put their money chiefly into the development of their own estates. A final survey was not completed until 1617, but at that date some of the Bermuda adventurers at least had known who their tenants were and approximately where their land would lie for three full years. Whether for these or for other reasons, Bermuda grew while Virginia languished. By 1616 over 600 colonists had reached the Somers Islands, where most of them survived. In contrast, Virginia had that year 350 people.
The Bermuda subscribers had been separately incorporated as the Somers Island Company with its own royal charter in 1615. Indeed, ever since 1612, when the Bermuda adventurers helped to relieve the financial embarrassment of the Virginia Company by paying £2,000 for its newly acquired title to Bermuda, the Somers Island adventurers seem to have functioned increasingly as a separate corporation. But the membership of the two companies was much the same. It had been the more active and interested of the Virginia adventurers who subscribed to the Bermuda joint-stock in 1612, and for twelve years thereafter the active membership of the Virginia Company came so close to duplicating the membership of the Bermuda Company that the two bodies often met virtually as one. Until 1619 Sir Thomas Smith served as governor of both companies.
The growing interest of the London adventurers after 1612 in the colonization of Bermuda did not mean that Virginia was wholly neglected. Funds secured from the lottery and from suits against delinquent subscribers were enough to keep the project alive. In 1612 the adventurers even sent out a stock of silkworms for a test of silk production. Needless to say, returning ships brought back no silk; nor did they bring sugar or wine. Lumber, including the valuable black walnut, seems to have provided the chief cargo for return voyages. A shipment of tobacco, Virginia's first, in 1614 gave some ground for arguing that the agricultural experimentation to which the colonists had been committed for several years now would pay off eventually. So argued Sir Thomas Gates on his return home this same year after three years of service in the colony, but the fact that he had come back from Virginia apparently made more of an impression than did his argument. Others also came home, their contracted term of service ended, and rarely did they bring any news from Virginia which added good to its name. Instead, they talked of the severe discipline under which they had been forced to live, and made sport of the too hopeful propaganda which had first persuaded them to become adventurers in Virginia. The discipline, chiefly associated with Dale's office as marshal, made his loyal decision to remain in the colony for another two years as lieutenant governor a further contribution to the ill repute of Virginia's name.
Dale finally came home in 1616, the year in which the dividend on the 1609 joint-stock fell due. The contrast between the high hopes of 1609 and the reality of 1616 was all too painfully apparent. Six hundred men, women, and children had sailed for Virginia in the first of these years under a plan to live and work together for a seven year period. They would share, each according to his particular skill or aptitude, in the common task of planting a colony, and they would live out of a common store. By 1616, towns were to have been built, churches and houses raised, and an increasing acreage brought under cultivation. A variety of profitable crops would have been tested, and markets established for them. The original stock of cattle would have increased through care until there were enough for all. At the same time, the trade with the Indians would have been put on a profitable basis, as would have mining operations and perhaps even a trade to Cathay. Such was the general prospect to which so many adventurers had responded in 1609. To the modern student all this seems so unrealistic as to be almost unbelievable, but unless one grasps the reality of the original dream he cannot hope to comprehend the extent of a later disillusionment.
There were no funds to be divided in 1616, but the company did declare a dividend of land--not the 500 acres per share that Alderman Johnson had suggested as a possibility in 1609 but the more modest total of 50 acres. This 50 acres, however, was designated as a first dividend. Others would follow, for an ultimate total of perhaps 200 acres per share, as the area in the colony's "actual possession" was enlarged. Plans were announced for dispatching a new governor to Virginia with instructions for completing the necessary surveys, and the adventurers were urged to seize the opportunity to gain a desirable priority in the location of their shares by contributing £12 10s. toward meeting the necessary costs. In return for this contribution, the adventurer would be entitled to an additional 50 acres. The land now to be divided was that lying along the James River, and only those adventurers who submitted to the additional levy would be entitled to share in the division, except apparently for adventurers then living in the colony. These were the old planters, as they came to be called, whose rights paralleled those of the old adventurers in England. It is evident that the adventurers were in no position to claim a monopoly as the just reward of their past sacrifices, for they also offered an immediate dividend, on terms no different from those governing the rights of the old adventurers, to any new adventurer who wished to join by paying £12 10s. per share. Such was the estate to which the Virginia Company had been reduced after ten years of effort.
To employ a term that was destined to become common at a later period of American history, the Virginia Company had become nothing more than a land company. Its one asset was the land that had been bought with the sacrifices of the first ten years, and after 1616 all of its plans depended upon the hope that it might use its power to give title to that land as an inducement for investment in the colony. In its advertisement in 1616 adventurers, both old and new, were invited to take up shares for occupancy by themselves or for development by tenants sent for the purpose. Perhaps because the first response to this appeal was disappointing, the company provided an additional inducement in 1617 by promising 50 acres per head for every person sent to the colony, the payment being due to the one who bore the cost. This was the Virginia headright, as it came to be called, which was destined to remain the chief feature of the colony's land policy through many years after the demise of the company itself. Intended at first to encourage the adventurers in England to send the labor that was necessary for the development of the land, it served thereafter as a land subsidy of the immigration on which the colony lived and grew.
By 1618 the fortunes of Virginia were taking a turn for the better. The adventurers, or some of them at least, found encouragement in continued shipments of tobacco. These shipments were small and the quality of the tobacco could not be compared with the Spanish leaf of West Indian production which was finding a growing market in London despite King James's known disapproval of the habit on which the market grew. But the quality of Virginia tobacco, for which Sir Thomas Smith seems to have found a first market in the East Indies, no doubt could be improved as the planters learned the art of its cultivation and the adventurers found for them a better weed. No doubt, too, this success with tobacco, whatever the imperfections of the current product, could be viewed as a harbinger of other successful attempts to produce commodities the Spaniard had for so long and so profitably grown in his West Indian plantations.
Further encouragement came from the willingness of the handful of planters already in Virginia to remain there, and from the decision of Ralph Hamor and Samuel Argall, both of whom had formerly served the company in the colony, to return there. Especially significant were the arrangements under which Hamor and Argall planned their return early in 1617. One of the problems that had undoubtedly discouraged the adventurers from taking up the company's offer of a land grant in 1616 was the question of the supervision that could be provided for such tenants as they might elect to put on the land. In Bermuda, the adventurers had found an answer, or rather thought they had, by dividing the land into tribes, later designated as parishes, over which a bailif would exercise an office that was partly civil and partly traditional on the landed estates of England. In Virginia, Hamor and Argall pointed the way to a solution by entering into an association with several of the adventurers in England for the development of a jointly held plantation. Thus, in January 1617, the company awarded 16 bills of adventure to Hamor and six associates for the 16 men they proposed to transport to Virginia at their own charge. The following month saw a similar transaction with Captain Argall and his associates, five adventurers who had joined with this seasoned veteran to send out a total of 24 men. Argall went also as lieutenant governor in succession to George Yeardley, who had been left as deputy by Dale on his return to England in 1616, but the cost of getting the new governor out to his post seems to have been met entirely by his own associates. The arrangement has an obvious pertinence to an understanding of Argall's unhappy experience as governor, for he was later charged with neglect of the public interest through too great concern for his own personal interests. But here the emphasis belongs to the equally obvious fact that some of the adventurers were responding to an opportunity to send out tenants who would work under the management and direction of an experienced colonist.
In 1618 George Yeardley was back in London consulting with other adventurers, including some of the leading members of the company, who were interested in forming associations for the development of "particular plantations." Late in the year he sailed for the colony as the newly designated governor of Virginia. With him he carried instructions which record for us further developments in the company's land policy. All adventurers, including delinquents who would pay up their subscription, were now promised 100 acres of land on the first dividend for each share of stock, and another 100 acres as a second dividend after the first had been occupied. Such of the ancient planters as had paid their own way to Virginia, which was to say those who had settled at their own cost before Dale's departure in 1616, were also to receive grants in like amount. The adventurers were encouraged to pool their rights for a common grant of land by the promise that their estate could be developed under their own management and would be treated as a separate administrative unit for civil and military purposes. What the company had in mind were the larger associations already formed or on the point of being formed, such as that for the settlement of Southampton Hundred, which eventually embraced a nominal area of perhaps as much as 100,000 acres and in which the associated adventurers invested a total of some £6,000. Another example is the association of Sir William Throckmorton, Sir George Yeardley, Richard Berkeley, George Thorpe, and John Smyth of North Nibley which early in 1619 received a first joint grant of 4,500 acres and which founded above Jamestown the plantation known as Berkeley Hundred. These new associations were very much the same as the association of the Virginia adventurers which in 1612 had undertaken the colonization of Bermuda. For the development of their common grant they pooled the necessary capital in their own joint-stock fund and directed its investment through their own courts, assemblies, or committees as they saw fit. For every tenant sent to the plantation, the associated adventurers were entitled to an additional headright of 50 acres. They were awarded also an additional 1,500 acres for the support of public charges in the hundred, such as those incurred for the maintenance of a church and minister.
How many of the colonists who migrated to Virginia between 1618 and 1624 went by agreement with such associations as these is difficult to say, but there can be no doubt that they were a very large part of the total. The Virginia Company, which had served theretofore as the immediate colonizing agent, was becoming more and more a supervisory body for the encouragement of individual and associated adventurers in their own colonizing efforts. For itself, the company looked forward to a continuing revenue from quitrents to be paid, at the rate of two shillings per hundred acres after a term of seven years from the original grant, by all save the ancient adventurers and the planters who had migrated before 1616 at their own costs. To this revenue from quitrents could be added the benefit to be expected from the company's control of the colony's trade.
As in 1609, there seems to be no doubt that all plans looked ultimately to the establishment of individual land titles. Where the record has survived, the associated adventurers clearly intended that their common grant would in time be divided. In the case of Berkeley Hundred, the evidence suggests too that the associates used the promise of a share in this division for the recruitment of their first tenants. Yeardley's instructions reaffirmed the company's promise of a headright in terms inviting the migration of individual settlers at their own cost.
To understand the plans of 1618, the modern American needs to dismiss any idea that the isolated farm house of later America represented the ideal toward which men looked at this time. He should think rather of the English village community, or of the New England town, where men lived together with the advantages of a close social relationship and where the land they cultivated lay close at hand to the village and its church. If the associated adventurers continued to depend for a time on variations of the original joint-stock plan, it was not merely because they wanted to share the risk of a still uncertain venture or because they were seeking some useful device for meeting the problems of management. It was also because the plantation they hoped to establish was to have at its heart a town, and it was thought that the town could best be built through some common effort.
What has been said above is not intended to suggest that the company's role after 1618 was to be purely supervisory. Although it had an accumulated debt of some £9,000, or possibly because of this debt, the company agreed for the encouragement of individual adventurers to assume heavy responsibilities of leadership. It directed Yeardley to lay out four towns, or boroughs, along the James in which grants to individuals or the lesser associations would fall--Kecoughtan at the mouth of the James, Henrico at the head of its navigation, and in between Charles City and James City. From the Bermuda adventurers the company borrowed the idea of establishing a public estate intended to meet as nearly as possible all costs of government. In each borough 3,000 acres were to be set aside as the company's land for cultivation by its own tenants, who would work at half shares. Out of the company's moiety would come the support of all superior officers, excepting the governor, for whom an additional 3,000 acres would be set aside in James City. The company thus committed itself to a not inconsiderable program of colonization on its own responsibility.
One wonders what it was that inspired this renewed, and most ambitious, venture in Virginia--a venture that would carry to Virginia over the next five years something like 4,500 colonists. Several possibilities can be suggested. First of all, it should be noted that the interest of the London adventurers in the colonization of America had never faltered, despite repeated disappointment, since they had originally laid their hands to the task in 1606. This, at any rate, is true of the adventurers who led, and more especially of Sir Thomas Smith. After it had become no longer possible to push the adventure in Virginia, they had turned to Bermuda, where an initial success seems to have encouraged another try in Virginia. The plans adopted for Bermuda and later for Virginia indicate that the adventurers shrewdly capitalized on the desire of Englishmen in many different walks of life for title to the undeveloped lands of America. A newly stirring missionary impulse had its part to play, if only by giving to the name of Virginia more helpful associations. Argall had captured Pocahontas, the favored daughter of Powhatan, and with her as hostage the colonists had forced a peace with a heretofore implacable foe. More than that John Rolfe had married the Princess Pocahontas, as the English liked to call her, and Sir Thomas Dale as his last major service to the colony had brought her to England in 1616. In London, at court, and elsewhere, she and her entourage of Indian maidens had been a most effective advertisement of Virginia. Even after her own death in 1617, her maiden consorts had stayed on for many months before being finally returned to Virginia by way of Bermuda. Since 1613 the Virginia Company had leaned heavily on the missionary appeal in its efforts to encourage continued support of the colony, and it may well have been the company itself which prompted the bishops of the Church of England in the year of Pocahontas' death to sponsor a collection of funds for an Indian mission in Virginia. In any case, the approximately £1,500 raised for the purpose were turned over to the company, which in 1618 ordered Yeardley to set aside 10,000 acres at Henrico for the support of an Indian college.
The adventurers in 1618 also decreed certain legal and political reforms that were helpful in giving Virginia a better name than it had enjoyed for several years past. Disgruntled colonists returning from Jamestown had brought exaggerated stories of Dale's discipline, with the result that Virginia had gained the reputation almost of a penal colony. The company's renewed guarantee that the settlers would enjoy the full common law rights of Englishmen at home was coupled with provision for a general assembly of the colonists, a body which first met at Jamestown in 1619. In short, the company had the benefit in 1618, as so frequently in the past, of leadership of the highest quality.
Sir Thomas Smith was still the governor of the company in 1618, and without question his leadership must be considered to be a major factor shaping the new life then being infused into the colony. But a factional strife that would soon help to destroy the company already had made its appearance. The sources of this factionalism were varied, and some of them had little to do with the affairs of Virginia. Thus, at this time Sir Thomas found a determined enemy in the Rich family, headed by the wealthy Earl of Warwick and represented most ably by Sir Nathaniel Rich, who for many years was an active leader in the House of Commons. Warwick had a way of investing in voyages which bordered closely on piracy, and as a result of one such investment had become involved in a long and bitter conflict with Smith as the governor of the East India Company. Unquestionably of more fundamental importance was a growing opposition to Smith that was based upon discontent with the former management of the Virginia project. It seems almost as though the Virginia adventurers, before they could place full confidence in the new program for the colony's development, had to find some more satisfying explanation for the company's previous failures by charging gross mismanagement of its affairs. Such, at any rate, was the conviction to which many adventurers came, chiefly it would seem the lesser adventurers who were easily prejudiced against the great merchants of London, of whom Sir Thomas was the chief. In a company where the ultimate power to decide had been vested since 1612 in a general assembly of the adventurers voting by head rather than by share, the discontent of the lesser adventurers could become under the guidance of an effective leader a very potent force.
The leader was found in Sir Edwin Sandys, one of the ablest parliamentarians of seventeenth century England. Sandys himself was not one of the lesser adventurers. He had been a member of the Virginia Council since 1607, and in 1611 he had responded to the company's appeal for a subscription of £37 10s. by subscribing double that amount, thereby matching the subscription of Sir Thomas Smith. With the aid of other prominent adventurers, including the Earl of Southampton, and by making common cause for the moment with the Rich faction, Sir Edwin won election to the governorship of the company in the spring of 1619. In the absence of anything approaching a full record, it is impossible to say what justification there may have been for the charges of mismanagement that were brought against Smith's administration. It would not be surprising if over the long and frequently discouraging years of his leadership, and especially in the period since 1612, some irregularities, some carelessness had crept into the conduct of the company's business. A very noticeable result of Sandys' election was an effort to systematize the company's procedures by adoption of new standing orders and regulations, and to bring order out of an alleged confusion of the company's records, especially those pertaining to the rights of the adventurers to land in Virginia. But it is possible to speak with full assurance on only one point: no other of the adventurers had shown more courage or more devotion to the colony, no other of them deserves to be better remembered than Sir Thomas Smith.
There can be no question, however, that the reviving interest in Virginia received an additional stimulant from the fact that the business now had a new management. At the close of 1618, and largely as the result of emigration during that year, the population of the colony stood at approximately 1,000 persons. During the year after Sandys' election, a total of 1,261 emigrants left England for Virginia, over 800 of them at the company's charge. This substantial evidence of the company's determination to assume the lead encouraged additional associations of adventurers to take up patents for their own plantations, with the result that by the summer of 1622 the council could announce that over 3,500 people had migrated to Virginia since the spring of 1619. This was a remarkable record, testifying to the very great gifts Sir Edwin possessed as a leader and the confidence men placed in his leadership.
The minutes of the company's courts have survived for the period after the election of Sandys, and so it is possible to get a clearer picture of the company's organization and procedures than can be had for any earlier date. Further help comes from the "Orders and Constitutions" drawn up after Sandys' election and published in 1620 as part of a pamphlet skilfully written to convey the impression that Virginia's affairs were then being managed much better than in the past. The company depended basically upon decisions reached in four great quarter courts, which were general assemblies of all the adventurers who wished to attend and which were scheduled for regular meeting on next to the last Wednesday of each of the quarterly terms in which the king's courts sat at Westminster. Only a quarter court could elect officers, either of the colony or of the company, enact laws and ordinances, or determine policies governing the distribution of lands in the colony and the conduct of its trade. On the Monday preceding each meeting of the quarter court, a preparatory court would settle the agenda for the following Wednesday, in order that the members might have warning of the business to be taken up at that time. Each fortnight, except in the "long vacations" between court terms, an ordinary court would meet, again on Wednesday, with a quorum that required the presence of at least five members of the council, the treasurer or his deputy, and "fifteene of the generality." The hour of meeting for all courts was 2 P.M., and at no court could a question be put after 6 P.M. A decision reached by any lesser court, including the extraordinary court that might be called in case of special emergency, could be overridden by a quarter court. This was the governing body of the company, a popular assembly in which Sir Edwin often demonstrated his special talent as a parliamentary tactician. Attendance varied according to the importance of the business at hand, but as many as 150 might attend.
The quarter court meeting in Easter term was a court of elections, where the members cast their votes for all principal officers by secret ballot. Except for members of the council, all offices of the company were held by annual election. The chief office was that of the treasurer, as the governor of the company was still officially designated. As frequently as not, in common usage he was known as the governor, but the charters had fixed the title of his office and in so doing had pointed up a primary responsibility of the office. The governor of the Virginia Company was in fact its treasurer. After 1619 no man could hold the position for longer than three years, and no man was eligible for election to it if already he was serving as the governor of another company, except that he might also serve as the governor of the Somers Island Company. The election court might vote a reward for services rendered, but the treasurer, like other principal officers, served without fixed compensation.
His chief assistant, and the second officer in rank, was the deputy. As the title suggests, he might be deputized to perform virtually any function of the governor, including that of presiding at courts in the governor's absence. But he also had important functions of his own. He is perhaps best described as the chief administrative officer of the company. He was specifically charged with superintendence over all lesser officers, and he had a primary responsibility for contracts and other business arrangements relating to the dispatch of shipping, provisions, and passengers to Virginia and to the receipt, storage, and marketing of cargoes returned from the colony. At all times, he acted, or was supposed to act, in accordance with instructions from the court, council, or treasurer, but all such instructions were necessarily general in character. Many were the opportunities to use his own judgment, or to confer a favor, as he handled business transactions involving hundreds or even thousands of pounds. For his assistance and perhaps to keep a watch on him, he had a committee of sixteen men chosen by the court under a provision requiring that a fourth of the number should be changed each year "to the end [that] many be trained up in the businesse." The committee may have been new, but the deputy's office was old. It had been occupied for many years before the spring election of 1619 by Alderman Johnson. Some of the more serious charges brought against Smith's administration related to the management of the magazine, as the stock of supplies periodically forwarded to the colony was generally described. Johnson had managed the successive magazines, each separately financed by its own joint-stock, until in 1619 he was replaced by John Ferrar.
The council, still described as His Majesty's Council for Virginia, had become a large and unwieldy body, with many of its members inactive. Its influence on the conduct of Virginia's affairs was now decidedly less important than in the earlier years. According to the Orders and Constitutions, no one "under the degree of a Lord or principall magistrate" was thereafter to be elected to the council except "such as by diligent attendance at the courts and service of Virginia for one year at least before, have approved their sufficiency and worth to the Companie." As this statement strongly suggests, a place on the council was for many members an honorary post through which one might lend the prestige of a great name to a worthy undertaking without assuming much real responsibility. Nevertheless, the legal powers of the council under the Virginia charters made its services indispensable, and made it desirable that at least a few of its members should be intimately acquainted with the business. The treasurer was supposed to consult with the council on important occasions, and especially on matters pertaining to the government of the colony. All formal instructions to officers in the colony had to be sent in the name of the council and over its seal. In any case of removal from office, in London or at Jamestown, the cause had to be considered in council before it could be taken before the adventurers. But any seven members made a quorum giving full power to actions taken in council, and the treasurer, who was always a member of the council, had the custody of its seal.
Two of the seven auditors now required for annual review of disbursements and receipts had to be members of the council. The auditors' office had grown out of the disputes over the accounts of Sir Thomas Smith, and in addition to the annual auditing of the treasurer's report, which had to be submitted to the Easter court, they were charged with responsibility for a close review of all earlier records of the company. The primary purpose was to establish a full and exact list of all subscriptions, with notation especially of delinquencies. Salaried officers of the company were a secretary, a bookkeeper, a husband (or as we would say, an accountant), and a bedel or messenger. The secretary served all courts held by the adventurers, the council, and the auditors, or by standing and special committees, of which last the adventurers appointed quite a number. In addition, the secretary was custodian of the company's records.
Although Sir Edwin Sandys continued to be the actual leader of the company until its dissolution in 1624, his tenure of the treasurer's office was limited to a single year. When the adventurers assembled for the annual elections in the spring of 1620, they were much disturbed to receive instruction from the king that Sir Edwin was not to be re-elected. Instead, the king suggested the choice of some merchant of means and wide experience--perhaps Sir Thomas Smith, Sir Thomas Roe, Alderman Robert Johnson, or Mr. Maurice Abbott.
Whether Sandys could have been elected in the absence of this interference by the king, which the adventurers protested as an unwarranted invasion of their liberty, is itself an interesting and debatable question. By his many criticisms of the previous conduct of the company's affairs, Sandys had won the undying enmity of Sir Thomas Smith and his important friends. More than that, he had quarreled with his ally of the preceding year, the Earl of Warwick, who had connections hardly less impressive than those enjoyed by Sir Thomas. The quarrel with Warwick was over a question of piracy, as Sir Edwin chose to regard it. One of Warwick's ships, the _Treasurer_, had sailed from England in April 1618 with a license to capture pirates, which was one way of getting a ship cleared from English ports for depredations against the Spaniard at a time when the king had set his face against all such activity. The _Treasurer_ had called at Jamestown, where Governor Argall, who had rendered important services to the colony but who had special reason to understand that his position in Virginia depended upon the good will of important members of the company, helped to outfit the vessel for a raid on the West Indies. Recent studies, and especially those of David Quinn, a British scholar, argue strongly that the earlier ventures of Gilbert and Raleigh had been inspired very largely by the desire to establish some base on the North American coast that would be useful in attacks upon Spanish possessions and the trade routes which joined them to Spain. But it is evident enough that by this time the leaders of the Virginia Company were chiefly fearful that Spain might attack their colony before it was securely fortified, and before it had fulfilled the promise of rewards far greater than anything freebooting ventures could offer. As a result, Governor Yeardley, on instruction from London, denied the courtesies of Jamestown to the _Treasurer_ on its return in 1619, and won for Sandys thereby the bitter resentment of the Rich family.
The king's interference in the election of 1620 has naturally become a celebrated incident in the history of Virginia. Sir Edwin was a leader in parliament, which before the century was out would establish its supremacy in the government of England, and the Virginia Company in 1620 had only recently established the first representative assembly in North America. To historians who have sought the larger meaning of the American experiment, it has often seemed that the king must have been guided by a fear of representative government--in other words, that his motives were largely political. No doubt, he was more easily persuaded to enter an objection to Sandys' re-election because of Sir Edwin's opposition to royal policies in the house of commons, but there is no contemporary evidence to suggest that the king had even noticed the Assembly which met at Jamestown in 1619. Moreover, that Assembly had been authorized before Sandys' election, at a time when Sir Thomas Smith was still in the chair, and anyone who thinks the motion had been carried over Smith's opposition should take note that the same kind of representative assembly was established in 1620 for Bermuda, over whose fortunes Sir Thomas would continue to preside until 1621. Not until the middle of the seventeenth century, at the time of Cromwell, does it appear that anyone even suggested that the primary reason for the king's interference was fear of a significant development in the history of representative government.
What actually happened in 1620 would seem to be clear enough. Sir Thomas Smith had connections that reached all the way into the king's bedchamber, and there he effectively argued that Sandys did not know his business. It was an argument that found not a little justification in the fact that the company had to admit by a broadside published in the very month of the election court that hundreds of the colonists sent to Virginia in the preceding year had died within a short time of their arrival there, and it may be that Sir Thomas apprehended the even greater disasters soon to overtake the colony. A more likely supposition, however, is that he seized upon this news from the colony as an opportunity to vent his resentment against Sandys, a resentment that must have become more bitter with each of Sir Edwin's promotional releases advertising the great improvements now to be found in the management of Virginia's affairs. The legal basis on which the king acted was probably debatable. No doubt, he depended upon the provision in the charter requiring that all members of the council, of which the treasurer was the head, be sworn to the king's service. But membership on the council was for life, and Sir Edwin had taken his oath as a member of the council as early as 1607. Perhaps the king took advantage of the company's regulations requiring an annual election and that the treasurer be sworn following his election. Whether this was a new requirement cannot be said. It can only be suggested that the king intended to say that if Sir Edwin were re-elected he would not give him a necessary oath of office. It may be, too, that he stood quite simply on the prerogative of his office to insist that his subjects in Virginia were entitled to royal protection. In any case, the adventurers chose not to defy the king's wish.
Having protested his interference as unwarranted, the quarter court in May 1620 adjourned without electing a treasurer. Instead, the adventurers appointed a special committee to call on the king for the purpose of acquainting him with the true facts regarding "the managing of their business this last year" and to ask for a free election. Sandys himself appealed to the royal favorite, the young Duke of Buckingham, but with no effect on the king's decision. When the adventurers reassembled late in June, they elected the Earl of Southampton as treasurer. Thus, in a sense both parties to the dispute emerged victorious. Sandys was no longer treasurer, but the adventurers had refused to elect a merchant and Southampton would preside thereafter in behalf of Sandys. There can be no doubt that Sandys continued to be the leader of the company. Moreover, in 1621 he extended his power by gaining control of the Somers Island Company through the election of Southampton to its governorship.
A question that naturally arises is that of how, or why, Sir Edwin was able to survive this challenge to his leadership. The news from Virginia was by no means encouraging. Given the long record of disappointment there, and the many men who previously had died there, the fact that several hundred of the most recent settlers had succumbed might have been expected to unsettle any administration. Perhaps it was the king's interference, serving as it did to rally the adventurers in defence of the company's liberty. Perhaps Sir Thomas was guilty of too naked a display of his power, with the result that the lesser adventurers, who already had been taught to view the great merchants of the company with suspicion, rallied to the support of Sandys. Perhaps it was because the Earl of Warwick and Sir Thomas had not learned yet the need for effective teamwork; both men disliked Sandys, but they had their own quarrels and they would not form a real coalition against him for another two years. All these possibilities must be given consideration, but there would seem to be still another reason, possibly the most important of all.
Sir Edwin Sandys was a man of remarkable gifts, and nowhere are these gifts better demonstrated than in his ability to stimulate the highest hopes for Virginia. Before him only Richard Hakluyt, a patriot now dead four years, had managed better to depict the promise America held for Englishmen. Sandys wrote no major work on the subject, and even the company's promotional pamphlets, which he undoubtedly shaped in some large part, lacked the fire that Hakluyt, or even Alderman Johnson, could impart to that branch of literature. It must be said also that Sandys added no new idea to those which for a generation past had guided Englishmen in their American ventures. His program included not a single objective that the Virginia Company had not theretofore tried to realize; the chief contrast with former programs was the absence of any emphasis on the prospect that a route to the South Seas might be found, an objective the adventurers had dropped for all practical purposes a good many years before Sandys became their treasurer. But Sandys had confidence, a systematic and orderly mind, and a persuasive way of talking in the quarter court or in conference with the individual adventurer who contemplated some new risk of capital. As a result, he managed to convey the impression that plans had now been so well thought through that Hakluyt's objectives in America had at last become attainable.
Leaving aside the search for a passage to China, which may never have been so important to Hakluyt as it was to the people whose interest in America he sought to enlist, Sandys undertook to carry through, all at once, the program Hakluyt had outlined for Queen Elizabeth as early as 1584 in his famous "_Discourse on Western Planting_." It was a program that looked to the development in America of products that would free England of dependence upon trades with other parts of the world which were in any way disadvantageous to England, and that would guarantee to any Englishmen who developed such products a sure profit on their investment. It was a program that had taken its shape first from the prospect, in Raleigh's day, of an early war with Spain, and perhaps it should be noted that when Sandys came to office in 1619 the Thirty Years War had only recently had its beginning with the king's own son-in-law a central figure. The war has gone down in our history books as the last of the great religious wars, and many were the Englishmen who thought that England should be, or would be soon involved.
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The Virginia Company Of London, 1606-1624Chapter II: Part 2
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