Part 5

And now the winter approaching, the rivers became so covered with swans, geese, duckes, and cranes, that we daily feasted with good bread. Virginia pease, pumpions, and putchamins, fish, fowls, and diverse sorts of wild beasts as fat as we could eate them: so that none of our Tuftaffaty humorists desired to goe for England.

But our Comoedies never endured long without a Tragedie; some idle exceptions being muttered against Captaine Smith, for not discovering the head of Chickahamania river, and taxed by the Councell, to be slow in so worthy an attempt. The next voyage hee proceeded so farre that with much labour by cutting of trees insunder he made his passage; but when his Barge could passe no farther, he left her in a broad bay out of danger of shot, commanding none should goe a shore till his returne; himselfe with two English and two Salvages went vp higher in a Canowe; but hee was not long absent, but his men went a shore, whose want of government gaue both occasion and opportunity to the Salvages to surprise one George Cassen, whom they slew, and much failed not to have cut of the boat and all the rest.

Smith, little dreaming of that accident, being got to the marshes at the rivers head, twentie myles in the desert, had his two men slaine (as is supposed) sleping by the Canowe, whilst himselfe by fowling sought them victuall: who finding he was beset with 200 Salvages, two of them hee slew still defending himselfe with the ayd of a Salvage his guid, whom he bound to his arme with his garters, and vsed him as a buckler, yet he was shot in his thikh a little, and had many arrowes that stucke in his cloathes but no great hurt, till at last they tooke him prisoner.

When this newes came to Iames towne, much was their sorrow for his losse, fewe expecting what ensued. Sixe or seuen weekes those Barbarians kept him prisoner, many strange triumphes and coniurations they made of him, yet hee so demeaned himselfe amongst them, as he not onely diverted them from surprising the Fort, but procured his owns libertie, and got himselfe and his company such estimation amongst them, that those Salvages admired him more than their owns Quiyouckosucks.

At last they brought him to Meronocomoco, where was Powhatan their Emperor. Here more than two hundred of those grim Courtiers stood wondering at him, as he had beene a monster; till Powhatan and his trayne had put themselues in their greatest braveries. Before a fire vpon a seat like a bedsted, he sat covered with a great robe, made of Rarowcun skinnes, and all the tayles hanging by. On either hand did sit a young wench of 15 or 18 yeares, and along on each side the house, two rowes of men, and behind them as many women, with all their heads and shoulders painted red: many of their heads bedecked with the white downe of Birds; but every one with something: and a great chayne of white beads about their necks.

At his entrance before the king, all the people gaue a great shout. The Queene of Appamatuck was appointed to bring him water to wash his hands, and another brought him a bunch of feathers, in stead of a Towell to ry them: having feasted him after their best barbarous manner they could, a long consultation was held, but the conclusion was, two great stones were brought before Powhatan; then as many as could layd hands on him, dragged him to them, and thereon laid his head, and being ready with their clubs, to beate out his braines, Pocohontas, the King's dearest daughter, when no intreaty could prevaile, got his head in her armes, and laide her owne vpon his to saue him from death: whereat the Emperour was contented he should liue to make him hatchets, and her bells, beads, and copper; for they thought him aswell of all occupations as themselues. For the King himselfe will make his owne robes, shooes, bowes, arrowes, pots; plant, hunt, or doe any thing so well as the rest.

They say he bore a pleasant shew, But sure his heart was sad. For who can pleasant be, and rest, That lives in fears and dreads: And having life suspected, doth It still suspected lead.

Two dayes after, Powhatan having disguised himselfe in the most fearefullest manner he could, caused Captain Smith to be brought forth to a great house in the woods, and there vpon a mat by the fire to be left alone. Not long after from behinde a mat that divided the house, was made the most dolefullsst noyse he ever heard; then Powhatan more like a devill than a man, with some two hundred more as blacke as himselfe, came vnto him and told him now they were friends, and presently he should goe to Iames towns, to send him two great gunnes, and a gryndstone, for which he would giue him the Country of Capabowosick, and for ever esteeme him as his sonne Nantaquoud.

So to Iames towne with 12 guides Powhatan sent him. That night they quartered in the woods, he still expecting (as he had done all this long time of his imprisonment) every houre to be put to one death or other: for all their feasting. But almightie God (by his divine providence) had mollified the hearts of those sterne Barbarians with compassion. The next morning betimes they came to the Fort, where Smith having vsed the Salvages with what kindnesss he could, he shewed Rawhunt, Powhatans trusty servant, two demi-Culverings and a millstone to carry Powhatan: they found them somewhat too heavie; but when they did see him discharge them, being loaded with stones, among the boughs of a great tree loaded with Isiekles the yce and branches came so tumbling downe, that the poore Salvages ran away halfa dead with feare. But at last we regained some conference with them, and gaue them such toyes; and sent to Powhatan, his women, and children such presents, as gaue them in generall full content.

Now in Iames Towne they were all in combustion, the strongest preparing once more to run away with the Pinnace; which with the hazzard of his life, with Sakre falcon and musket shot, Smith forced now the third time to stay or sinke.

Some no better than they should be, had plotted with the President, the next day to haue put him to death by the Leviticall law, for the liues of Robinson and Emry; pretending the fault was his that had led them to their ends; but he quickly tooke such order with such Lawyers, that he layd them by the heeles till he sent some of them prisoners for England.

Now ever once in foure or fiue dayes, Pocahontas with her attendants, brought him so much provision, that saved many of their liues, that els for all this had starved with hunger....

Thus you may see what difficulties still crossed any good indevour; and the good successe of the businesse being thus oft brought to the very period of destruction; yet you see by what strange means God hath still delivered it.

Now whether it had beane better for Captaine Smith, to haue concluded with any of those severall proiects, to haue abandoned the Countrey, with some ten or twelue of them, who were called the better sort, and haue left Master Hunt our Preacher, Master Anthony Gosnoll, a most honest, worthy, and industrious Gentleman, Master Thomas Wotton and some 27 others of his Countrymen to the fury of the Salvages, famine, and all manner of mischiefes, and inconveniences, (for they were but fortie in all to keepe possession of this large Country;) or starue himselfe with them for company, for want of lodging: or but adventuring abroad to make them provision, or by his opposition to preserve the action, and saue all their liues; I leaue to the censure of all honest men to consider.

[1] From Smith's "General History of Virginia." Edward Arbor has contended that, had not John Smith "strove, fought and endured as he did the present United States of America might never have come into existence." Spaniards and French alike had failed in their attempts at colonization and so had the repeated expeditions sent out by Sir Walter Raleigh. Smith carried the Jamestown settlement through its difficulties.--Smith, the "self-denying, energetic, so full of resources, and so trained in dealing with the savage races." Had Jamestown failed the Pilgrim fathers "would not have gone to New England." Smith was not the sole author of the "History of Virginia." Others contributed to the work.

[2] Richmond.

THE FIRST AMERICAN LEGISLATIVE ASSEMBLY

(1619)

BY JOHN TWINE, ITS SECRETARY[1]

A reporte of the manner of proceedings in the General assembly convented at James citty in Virginia, July 30, 1619, consisting of the Gouvernor, the Counsell of Estate and two Burgesses elected out of eache Incorporation and Plantation, and being dissolved the 4th of August next ensuing.

First. Sir George Yeardley, Knight Governor & Captaine general of Virginia, sente his sumons all over the Country, as well to invite those of the Counsell of Estate that were absente as also for the election of Burgesses....

The most convenient place we could finde to sitt in was the Quire of the Churche Where Sir George Yeardley, the Governour, being sett down in his accustomed place, those of the Counsel of Estate sate nexte him on both handes, excepte onely the Secretary then appointed Speaker, who sate right before him, John Twine, clerke of the General assembly, being placed nexte the Speaker, and Thomas Pierse, the Sergeant, standing at the barre, to be ready for any Service the Assembly should comaund him. But forasmuch as men's affaires doe little prosper where God's service is neglected, all the Burgesses tooke their places in the Quire till a prayer was said by Mr. Bucke, the Minister, that it would please God to guide and sanctifie all our proceedings to his owne glory and the good of this Plantation. Prayer being ended, to the intente that as we had begun at God Almighty, so we might proceed w^th awful and due respecte towards the Lieutenant, our most gratious and dread Soveraigne, all the Burgesses were intreatted to retyre themselves into the body of the Churche, w^ch being done, before they were fully admitted, they were called in order and by name, and so every man (none staggering at it) tooke the oathe of Supremacy, and then entred the Assembly....

These obstacles removed, the Speaker, who a long time had bene extreame sickly and therefore not able to passe through long harrangues, delivered in briefe to the whole assembly the occasions of their meeting. Which done, he read unto them the comission for establishing the Counsell of Estate and the general Assembly, wherein their duties were described to the life.

Having thus prepared them, he read over unto them the greate Charter, or comission of priviledges, orders and lawes, sent by Sir George Yeardly out of Englande. Which for the more ease of the Committies, having divided into fower books, he read the former two the same forenoon for expeditious sake, a second time over and so they were referred to the perusall of twoe Comitties, w^ch did reciprocally consider of either, and accordingly brought in their opinions. But some men may here objecte to what ende we should presume to referre that to the examination of the Comitties w^ch the Counsell and Company in Enggland had already resolved to be perfect, and did expecte nothing but our assente thereunto? To this we answere that we did it not to the ende to correcte or controll anything therein contained, but onely in case we should finde ought not perfectly squaring wth the state of this Colony or any lawe w^ch did presse or binde too harde, that we might by waye of humble petition, seeke to have it redressed, especially because this great Charter is to binde us and our heyers for ever....

After dinner the Governor and those that were not of the Comitties sate a seconde time, while the said Comitties were employed in the perusall of those twoe bookes. And whereas the Speaker had propounded fower severall objects for the Assembly to consider on: namely, first, the great charter of orders, lawes, and priviledges; Secondly, which of the instructions given by the Counsel in England to my lo: la: warre, Captain Argall or Sir George Yeardley, might conveniently putt on the habite of lawes; Thirdly, what lawes might issue out of the private conceipte of any of the Burgesses, or any other of the Colony; and lastly, what petitions were fitt to be sente home for England. It pleased the Governour for expedition sake to have the second objecte of the fower to be examined & prepared by himselfe and the Non-Comitties. Wherein after having spente some three howers conference, the twoe Committies brought in their opinions concerning the twoe former bookes, (the second of which beginneth at these words of the Charter: And forasmuche as our intente is to establish one equall and uniforme kinde of government over all Virginia &c.,) w^ch the whole Assembly, because it was late, deffered to treatt of till the next morning....

There remaining no farther scruple in the mindes of the Assembly, touching the said great Charter of lawes, orders and priviledges, the Speaker putt the same to the question, and so it had both the general assent and the applause of the whole assembly, who, as they professed themselves in the first place most submissivily thankfull to almighty god, therefore so they commaunded the Speaker to returne (as nowe he doth) their due and humble thankes to the Treasurer, Counsell and company for so many priviledges and favours as well in their owne names as in the names of the whole Colony whom they represented.

This being dispatched we fell once more debating of suche instructions given by the Counsell in England to several Governo^rs--as might be converted into lawes, the last whereof was the Establishment of the price of Tobacco, namely, of the best at 3d and the second at 18d the pounde,...

Here begin the lawes drawen out of the Instructions given by his Mat^ies Counsell of Virginia in England to my lo: la warre, Captain Argall and Sir George Yeardley, knight. By this present Generall Assembly be it enacted, that no injury or oppression be wrought by the Englishe against the Indians whereby the present peace might be disturbed and antient quarrells might be revived. And farther be it ordained that the Chicohomini are not to be excepted out of this lawe; untill either that suche order come out of Englande, or that they doe provoke us by some newe injury.

Against Idleness, Gaming, drunkeness & excesse in apparell the Assembly hath enacted as followeth:

First, in detestation of Idlenes be it enacted, that if any men be founde to live as an Idler or renagate, though a freedman, it shal be lawfull for that Incorporation or Plantation to w^ch he belongeth to appoint him a M^r to serve for wages, till he shewe apparent signes of amendment.

Against gaming at dice & Cardes be it ordained by this present assembly that the winner or winners shall lose all his or their winninges and both winners and loosers shall forfaicte ten shillings a man, one ten shillings whereof to go to the discoverer, and the rest to charitable & pious uses in the Incorporation where the faulte is comitted.

Against drunkenness be it also decreed that if any private person be found culpable thereof, for the first time he is to be reprooved privately by the Minister, the second time publiquely, the thirde time to lye in boltes 12 howers in the house of the Provost Marshall & to paye his fee, and if he still continue in that vice, to undergo suche severe punishment as the Governor and Counsell of Estate shall thinke fitt to be inflicted on him. But if any officer offende in this crime, the first time he shall receive a reprooff from the Governour, the second time he shall openly be reprooved in the churche by the minister, and the third time he shall first be comitted and then degraded. Provided it be understood that the Governor hath alwayes power to restore him when he shall, in his discretion thinke fitte.

Against excesse in apparell that every man be cessed in the churche for all publique contributions, if he be unmarried according to his owne apparrell, if he be married according to his owne and his wives, or either of their apparrell....

Be it enacted by this present assembly that for laying a surer foundation of the conversion of the Indians to Christian Religion, eache towne, citty, Borrough, and particular plantation do obtaine unto themselves by just means a certaine number of the natives' children to be educated by them in the true religion and civile course of life--of w^ch children the most towardly boyes in witt & graces of nature to be brought up by them in the first elements of litterature, so to be fitted for the Colledge intended for them that from thence they may be sente to that worke of conversion.

As touching the business of planting come this present Assembly doth ordaine that yeare by yeare all & every householder and householders have in store for every servant he or they shall keep, and also for his or their owne persons, whether they have any Servants or no, one spare barrell of come, to be delivered out yearly, either upon sale or exchange as need shall require. For the neglecte of w^ch duty he shalbe subject to the censure of the Governr and Counsell of Estate. Provided always that the first yeare of every newe man this lawe shall not be of force....

All ministers shall duely read divine service, and exercise their ministerial function according to the Ecclesiastical lawes and orders of the churche of Englande, and every Sunday in the afternoon shall Catechize suche as are not yet ripe to come to the Com. And whosoever shalbe found negligent or faulty in this kinde shalbe subject to the censure of the Governor and Counsell.

All persons whatsoever upon the Sabaoth daye shall frequente divine service and sermons both forenoon and afternoon, and all suche as beare arms shall bring their pieces, swordes, poulder and shotte. And every one that shall transgresse this lawe shall forfaicte three shillings a time to the ues of the churche, all lawful and necessary impediments excepted. But if a servant in this case shall wilfully neglecte his M^r's he shall suffer bodily punishmente.

No maide or woman servant, either now resident in the Colonie or hereafter to come, shall contract herselfe in marriage w^th_out either the consente of her parents, or of her M^r or M^ris, or of the magistrat and minister of the place both together. And whatsoever minister shall marry or contracte any suche persons w^th_out some of the foresaid consentes shalbe subjecte to the severe censure of the Governr and Counsell of Estate...

In sume Sir George Yeardley, the Governor prorogued the said General Assembly till the firste of Marche, which is to fall out this present yeare of 1619, and in the mean season dissolved the same.

[1] This account is taken from the official report of the assembly, of which Twine was clerk. It is printed in the "Colonial Records of Virginia," and in Hart's "American History Told by Contemporaries."

THE ORIGIN OF NEGRO SLAVERY IN AMERICA

I

IN THE WEST INDIES

(1518)

BY SIR ARTHUR HELPS[1]

The outline of Las Casas'[2] scheme was as follows: The King was to give to every laborer willing to emigrate to Española his living during the journey from his place of abode to Seville, at the rate of half a real a day throughout the journey, for great and small, child and parent. At Seville the emigrants were to be lodged in the Casa de la Contratacion (the India House), and were to have from eleven to thirteen maravedis a day. From thence they were to have a free passage to Epañola, and to be provided with food for a year. And if the climate "should try them so much" that at the expiration of this year they should not be able to work for themselves, the King was to continue to maintain them; but this extra maintenance was to be put down to the account of the emigrants, as a loan which they were to repay. The King was to give them lands--his own lands--furnish them with plowshares and spades, and provide medicines for them. Lastly, whatever rights and profits accrued from their holdings were to become hereditary. This was certainly a most liberal plan of emigration. And, in addition, there were other privileges held out as inducements to these laborers.

In connection with the above scheme, Las Casas, unfortunately for his reputation in after-ages, added another provision, namely, that each Spanish resident in the island should have license to import a dozen negro slaves. The origin of this suggestion was, as he informs us, that the colonists had told him that, if license were given them to import a dozen negro slaves each, they, the colonists, would then set free the Indians. And so, recollecting that statement of the colonists, he added this provision. Las Casas, writing his history in his old age, thus frankly owns his error:

"This advice, that license should be given to bring negro slaves to these lands, the _cleriqo_ Casas first gave, not considering the injustice with which the Portuguese take them and make them slaves; which advice, after he had apprehended the nature of the thing, he would not have given for all he had in the world. For he always held that they had been made slaves unjustly and tyrannically; for the same reason holds good of them as of the Indians."

The above confession is delicately and truthfully worded--"not considering"; he does not say, not being aware of; but though it was a matter known to him, his moral sense was not watchful, as it were, about it. We must be careful not to press the admissions of a generous mind too far, or to exaggerate the importance of the suggestion of Las Casas. It would be quite erroneous to look upon this suggestion as being the introduction of negro slavery. From the earliest times of the discovery of America, negroes had been sent there. But what is of more significance, and what it is strange that Las Casas was not aware of, or did not mention, the Hieronymite Fathers had also come to the conclusion that negroes must be introduced into the West Indies. Writing in January, 1518, when the fathers could not have known what was passing in Spain in relation to this subject, they recommended licenses to be given to the inhabitants of Española, or to other persons, to bring negroes there. From the tenor of their letter it appears that they had before recommended the same thing. Zuazo, the judge of residencia, and the legal colleague of Las Casas, wrote to the same effect. He, however, suggested that the negroes should be placed in settlements and married. Fray. Bernardino de Manzanedo, the Hieronymite father, sent over to counteract Las Casas, gave the same advice as his brethren about the introduction of negroes. He added a proviso, which does not appear in their letter--perhaps it did exist in one of the earlier ones--that there should be as many women as men sent over, or more.

The suggestion of Las Casas was approved of by the Chancellor; and, indeed, it is probable there was hardly a man of that time who would have seen further than the excellent clerigo did. Las Casas was asked what number of negroes would suffice? He replied that he did not know; upon which a letter was sent to the officers of the India House at Seville to ascertain the fit number in their opinion. They said that four thousand at present would suffice, being one thousand for each of the islands, Española, Porto Rico, Cuba, and Jamaica. Somebody now suggested to the Governor, De Bresa, a Fleming of much influence and a member of the council, that he should ask for this license to be given to him. De Bresa accordingly asked the King for it, who granted his request; and the Fleming sold this license to certain Genoese merchants for twenty-five thousand ducats, having obtained from the King a pledge that for eight years he should give no other license of this kind.