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The County of Stafford is mentioned in this year for the first time, and it was now represented by a burgess, Colonel Henry Mees.

The petition of William Drum, probably a misprint for Drummond, concerning a grant of land in what was commonly called "the governor's land," in the main reserve, was rejected, the house being of opinion that such grants appertained only to the governor and council. The assembly asserted their right to assess the levy without the interposition of the governor and council; and Sir William Berkley assented to this decision; the sincerity of the terms in which he expressed his willing acquieswell be doubted.

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The Dutch about this time appear to have surprised several vessels, laden with tobacco, in the James River; and it was determined to erect several forts: one on James River, one on Nansemond River, one on York River at Tindall's Point, (now Gloucester Point,) one on the Rappahannock at Corotoman, and one on the Potomac at Yeohocomico.

It was declared that baptism did not exempt slaves from bondage. As the reducing of negroes to slavery was justified on the ground that they were heathens, so the opinion prevailed among some that when they ceased to be heathens they were, by the very fact, released from slavery.

In 1668, peace being restored, vessels were relieved from the necessity of anchoring under the forts. The war with the Dutch, unjustly commenced by the English, ended very disgracefully to them. A day of humiliation was appointed, and all persons were required to attend the parish churches, "with fasting and prayers, to implore God's mercy, and deprecate the evils justly impending over us.'

It was ordered that work-houses should be built in each county, for the instruction of poor children in spinning, weaving, and other useful occupations and trades. An act was passed for the "suppressing and restraint of the exhorbitant number of ordinaries and tippling houses."

The Indians were required to bring in one hundred and fortyfive wolves' heads annually, the reward for each head being one

hundred pounds of tobacco and cask. To prevent fraud, the ears were cut off from the heads of the wolves.*

The elective franchise was restricted, in 1670, to freeholders. and housekeepers.

Sir William Berkley sent out a company of fourteen English and as many Indians, under Captain Henry Batt, to explore the country to the west. Setting out from the Appomattox River, in seven days they reached the foot of the mountains. The first ridge was not found very high or steep, but after crossing that they encountered others that seemed to touch the clouds, and so steep that in a day's march they could not advance more than three miles. They came upon extensive valleys of luxuriant verdure, abounding with turkeys, deer, elk, and buffalo, gentle and, as yet, undisturbed by the fear of man. Grapes were seen of the size of plums. After crossing the mountains they discovered a charming level country, and a rivulet that flowed westward. Following this for some days, they reached old fields and cabins recently occupied by the natives; in these Batt left toys. Not far from the cabins, at some marshes, the Indian guides halted and refused to go any farther, saying that not far off dwelt a powerful

*The tributary Indians of Virginia at this period were, in

Bowmen, or Hunters.

Nansemond County

Surrey County.

{Powchay-icks..

Weyenoakes....

Men Heyricks.......

Appamattox

Manachees

........

Pamunkeys......

Chickahominies

45

30

15

50

New Kent County

Totas-Chees

Mattehatique

Charles City County.... Nottoways, two towns.....................................................................................

Henrico County..........Powhites

Gloucester..........

Rappahanock

Mattaponeys

Rappahannocks.....

.....Chiskoyackes......................................

Portobaccoes......

Nanzcattico

90

50

30

10

50

60

20

30

40

15

60

}

50

Northumberland Co..... Wickacomico.........

Westmoreland County...Appomattox......

Total

70

10

725

tribe, that never suffered strangers, who discovered their towns, to escape. Batt was therefore reluctantly compelled to return. . Upon receiving his report, Sir William Berkley resolved to make an exploration himself, but his intention was frustrated by the troubles that shortly after fell upon the country.* Beverley alone gives an account of Batt's explorations, leaving the date of it uncertain between 1666 and 1676. Burk dates it in 1667. The Algonquin tribes are said to have been included within lines extending from Cape Hatteras to the head of the Mississippi, and thence eastward to the coast north of Newfoundland, and thence along the Atlantic shore to the cape first mentioned.† The bulk of the Indians within this triangle spoke various dialects of the same generic language.

The thirty tribes of Indians comprised within the Powhatan confederacy, south of the Potomac, at the time of the landing at Jamestown, are conjecturally estimated at about eight thousand souls, being one to the square mile. The population of the mountain country was probably sparser than that of the country east of the mountains. The number of square miles in Virginia at the present day is upwards of sixty-five thousand. The number of warriors belonging to the tribes tributary to Virginia in 1669, as has been before mentioned, was seven hundred and twenty-five, and their proportion to the entire population being reckoned as three to ten, their aggregate number was about twenty-four hundred. Thus in about sixty years the diminution of their numbers amounted to about five thousand six hundred; of these, part had perished from disease, exposure, famine, and war; the rest were driven back into the wilderness.

In the year 1670 complaints were made to the general court by members of the council and others, being gentlemen, of the counties of York, Gloucester, and Middlesex, representing their apprehensions of danger from the great number of felons, and other desperate villains, sent hither from the prisons of England. Masters of vessels were prohibited from landing any such convicts or jail-birds. In 1671 Captain Bristow and Captain Walker

*Beverley, B. i. 64.

P. W. Leland, in Hist. Mag., iii. 41. Jefferson's Notes on Virginia, 97; Hening, ii. 274.

were required to give security in the sum of one million pounds of tobacco and cask, that Mr. Nevett should send out the Newgate-birds within two months. Mr. Jefferson* has made the fol-. lowing remark: "The malefactors sent to America were not sufficient in number to merit enumeration as one class out of three which peopled America. It was at a late period of their history that the practice began. I have no book by me which enables me to point out the date of its commencement; but I do not think the whole number sent would amount to two thousand." And he supposed that they and their descendants did not, in 1786, exceed four thousand, "which is little more than one-thousandth part of the whole inhabitants." Mr. Jefferson appears to have been mistaken in his opinion, that malefactors were not sent over until a late period in the annals of Virginia; and he probably underrated the number of their descendants.

The acts prohibiting the exportation of wool, hides, and iron, were repealed, and every one was "permitted to make the best he can of his own commodity." The preamble to the act for the naturalization of foreigners declares, that "nothing can tend more to the advancement of a new plantation, either to its defence or prosperity, nor nothing more add to the glory of a prince, than being a gracious master of many subjects; nor any better way to produce those effects than the inviting of people of other nations to reside among us by communication of privileges."t

In 1672 the assembly provided for the defence of the country by rebuilding and repairing of forts. Repeated and vigorous laws were enacted providing for the apprehension of runaways; rewards were offered the Indians for apprehending them. negro slave was valued at four thousand five hundred pounds of tobacco; an Indian slave at three thousand pounds of tobacco.

*Writings of Jefferson, i. 405.

† Hening, ii. 289.

A

CHAPTER XXX.

1670-1671.

Governor Berkley's Reply to Inquiries of the Lords Commissioners of Plantations-Government of Virginia-Militia-Forts-Indians-Boundary-Commodities-Population-Health-Trade-Restrictions on it-Governor's Salary

-Quit-rents-Parishes-Free Schools, and Printing.

THE lords commissioners of foreign plantations, in 1670, were Arlington, Ashley, Richard George W. Alington, T. Clifford, S. Trevor, Orlando Bridgeman, C. S. Sandwich, president, Thomas Grey, Titus, A. Broucher, H. Slingsby, secretary, Hum. Winch, and Edmund Waller. These, during this year, propounded inquiries to Sir William Berkley, governor, respecting the state and condition of Virginia; and his answers made in the year following present a satisfactory statistical account of the colony. The executive consisted of a governor and sixteen councillors, commissioned by the king, to determine all causes above fifteen pounds; causes of less amount were tried by county courts, of which there were twenty. The assembly met every year, composed of two burgesses from each county. Appeals lay to the assembly; and this body levied the taxes. (This power was delegated for some years to the executive.) The legislative and executive powers rested in the governor, council, assembly, and subordinate officers. The secretary of the colony sent the acts of the assembly to the lord chancellor, or one of the principal secretaries of state. All freemen were bound to muster monthly in their own counties; the force of the colony amounted to upwards of eight thousand horsemen. There were five forts; two on the James, and one on each of the three rivers, Rappahannock, York, and Potomac; the number of cannon was thirty. His majesty, during the late Dutch war, had sent over thirty more, but the most of them were lost at sea. The Indians were in perfect subjection. The eastern boundary of Virginia, on the sea-coast, had been reduced from ten degrees to half of one de

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