Part 2 (2/2)

The quarter court meeting in Easter term was a court of elections, where the members cast their votes for all princ.i.p.al 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 t.i.tle 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 princ.i.p.al officers, served without fixed compensation.

His chief a.s.sistant, and the second officer in rank, was the deputy. As the t.i.tle 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 s.h.i.+pping, provisions, and pa.s.sengers 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 a.s.sistance 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 Const.i.tutions, no one ”under the degree of a Lord or princ.i.p.all 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 a.s.suming 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 disburs.e.m.e.nts 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 a.s.sembled 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 s.h.i.+ps, the _Treasurer_, had sailed from England in April 1618 with a license to capture pirates, which was one way of getting a s.h.i.+p 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 a.s.sembly 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 a.s.sembly which met at Jamestown in 1619. Moreover, that a.s.sembly 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 a.s.sembly 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 members.h.i.+p 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 ent.i.tled 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 rea.s.sembled 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 governors.h.i.+p.

A question that naturally arises is that of how, or why, Sir Edwin was able to survive this challenge to his leaders.h.i.+p. 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 succ.u.mbed 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 pa.s.sage 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.

In Virginia, Sandys promised to produce iron. It is strange that the attempt to develop an iron industry in Virginia, on which the company spent all told something like 5,000, should have made less impression on modern historians than has an early and brief search for gold that was incidental to other explorations. The iron industry in England was suffering from the depletion of the island's wood supply, which was still depended upon for smelting, and Virginia promised an unlimited supply. Other industries that he hoped to develop in the colony are suggested by a list of tradesmen the company invited to adventure to Virginia in 1620: among them, sawyers, joiners, s.h.i.+pwrights, millwrights, coopers, weavers, tanners, potters, fishermen, fishhookmakers, netmakers, leather dressers, limeburners, and dressers of hemp and flax. Even more important because so much depended upon persuading the individual adventurers to invest their own money in the development of their land, were plans for the production of sugar, wine, indigo, silk, cotton, olive oil, rice, etc. In the development of these products Sandys intended the public lands--those cultivated under the direct supervision of the company and by its own tenants--to serve more or less in the capacity of experimental farms. For their planting he sought seeds and plants from various parts of the world. On the college land he had some 10,000 grapevines set out, and sent for their care foreign experts imported from the continent. To make sure that private estates would not be devoted wholly to tobacco, as yet the colony's only proven staple, he wrote into land patents a stipulation that other staples would be given a trial.

To find the money for investment in the public lands was no easy task.

No common joint-stock fund could be raised in 1619, if only because the company's plans depended chiefly upon the hope of inducing the adventurers to invest in their own lands. It cannot be said how successful were the renewed attempts to collect from delinquent subscribers, but perhaps some help came from that source. Sandys depended also, as had Smith before him, on the Virginia lottery, perhaps more than upon any other source, for the lottery was terminated early in 1621 by order of the privy council on grounds that included the complaint of parliament that the lottery had become a public nuisance. A very substantial help to Sir Edwin was the bishops' fund for an Indian college and additional funds raised for the support of an Indian school in the colony. The total ran to better than 2,000. It had been decided in 1618, well before Sandys' election, that the money from the bishops' fund would be invested in an estate to be known as the College Land, and the precedent thus set was followed in disposing of funds subsequently made available to the company for an Indian school. In practical terms, these decisions meant that all mission funds were used to send out tenants on the promise that a half-share of the wine and other such commodities as they might produce would in time provide a permanent endowment for the school and the college. The decision reflects both the extraordinary poverty of the company and the extraordinary confidence with which its leaders approached their new ventures in Virginia.

By the spring of 1621, when the bulk of the college funds had been expended and the lottery was terminated, Sir Edwin's financial resources had become even more skimpy and uncertain. Some projects, such as that for the settlement of Italian gla.s.s-workers who were to manufacture pottery and beads for use in the Indian trade, could be financed by subscriptions to a special joint-stock, but this device offered no help in meeting general expenses. As a result, Sandys continued to take certain shortcuts, or perhaps the blame should rest rather on Deputy John Ferrar. In any case, the colonists complained that s.h.i.+pping came out so overloaded with pa.s.sengers as to invite the epidemic disease with which they usually suffered on landing, and which made of newcomers a useless burden on the colony for some time after their arrival. The deathrate among the colonists continued to be high.

The time and energy required to house them, or to feed them, unavoidably forced delay with projects on which Sandys had pinned his chief hopes. He was especially disappointed over the slow progress of agricultural experimentation. Accordingly, when Yeardley's three year term was ended in 1621 and Sir Francis Wyatt was sent as his replacement, Sir Edwin also sent his brother, George Sandys, as appointee to a new office of treasurer. He was given special charge of all projects looking to the development of new staple commodities and was intrusted with the collection of rents, of which the company claimed 1,000 were presently due. These rents, which were to be collected largely from half-share tenants who had migrated within the preceding three years, undoubtedly now const.i.tuted the company's main hope for an immediate revenue. Except in a very few instances, no quitrents would be payable until 1625, and so general had been the disappointment experienced so far with special projects that further time would have to be allowed before any return from them could be expected. In short, the company had exhausted its very limited resources in getting Wyatt and George Sandys out to Virginia, and had nothing left but hopes for the future and the antic.i.p.ation of a small immediate revenue from the rents of its own tenants, most of which had already been a.s.signed to such special charges as the support of public officers in the colony. In London, virtually the only a.s.set left to the company was the will and determination of Sir Edwin Sandys.

In these circ.u.mstances, Sandys necessarily devoted his main energies after 1621 to the problem of tobacco, the only marketable staple the colony had as yet produced. It was an old problem, but one now filled with new difficulties. In earlier days, when it had been hoped that tobacco might be one of a variety of staples produced in the colony, the Virginia Company, like the Bermuda Company, had lent encouragement to efforts looking to its production. But hardly had early experiments proved successful before the adventurers faced the risk that tobacco would take over the colony entirely. There is nothing surprising in this development, for a tobacco plant, unlike a grapevine or an olive tree, matures within a few months of its planting, and the tobacco habit at this time was a thing of comparably rapid growth in many parts of the world. To settlers who had been staked by adventurers ever insistent upon a prompt return of their capital, or who wondered how best to procure the means to make payment for the supplies brought in the next magazine s.h.i.+p, the obvious answer was to plant the land to tobacco. After doing this, if time and energy remained, they might try some of Sir Edwin Sandys' ideas--maybe set out a few grapevines or mulberries, as they had been instructed to do. There was good reason for the growing fear among the leading adventurers in London that tobacco might put a blight on all other projects.

More than that, the increasing s.h.i.+pments of tobacco, especially in view of the still relatively poor quality of the Virginia leaf, gave the colony a bad name just when its good name was so important to the promotional efforts of the company. The tobacco habit did not yet have the respectable a.s.sociations it would later acquire in the eighteenth century. Instead, it was a.s.sociated with tippling or bawdy houses, where in truth a pipe was most easily had by the contemporary resident of London. Moral considerations were reinforced by an additional concern for the public interest. So much of the weed consumed came from Spain that thoughtful men were inclined to consider how much England paid out, to the profit of the Spaniard, for a commodity which added nothing to the well being of the country. Had it not been for the influence of Virginia and Bermuda adventurers in the House of Commons, Parliament in 1621 might well have prohibited all importation of tobacco into England. And in all England there was no more vigorous opponent of tobacco than the king himself. Indeed, the king had even written a book on the subject.

The att.i.tude of King James had a most important bearing on another angle of the problem. Under its charter, the company had been allowed a seven year exemption from import duties on cargoes brought from Virginia. When this exemption expired in 1619, the government immediately imposed a duty that was fixed early in 1620 at 1s. per pound of tobacco. Though this was only half the duty paid by Spanish tobacco, it was nonetheless a heavy burden to be imposed upon leaf that was declared never to have sold at more than 5s. a pound and that brought an average of only 2s. for the better grade in 1620.[A] The adventurers' attempted escape by s.h.i.+pping their tobacco to Holland won them a sharp reprimand from the privy council, and an order to bring all of Virginia's tobacco to England for payment of his majesty's customs. As negotiations with the king's ministers for some relief continued, it was proposed in 1622 that the Virginia and Bermuda adventurers might take over the tobacco monopoly, which was a grant of the sole right to import tobacco of any sort into the kingdom in return for a fixed contribution to the royal revenues. The holder of such a monopoly--a very common device at the time--was ent.i.tled to collect the customs and to hope that what he collected, plus the advantage of a monopolistic control of the market, might enable him to clear a profit on the transaction. Here, in other words, was a proposal that might provide the needed relief, even some income for the company's hard pressed treasury. The Virginia Company by 1622 was in no position to ignore such an opportunity and fortunately, the Sandys faction was now in control of the Somers Island Company. A joint committee of the two companies, headed by Sir Edwin himself, entered into negotiations for what was known as the tobacco contract.

The bitterest factional strife in the history of the London adventurers soon followed. It is a complicated story, too complicated and too long to be told fully here. Briefly, both the terms agreed upon by Sandys and his proposals for the management of the contract, proposals which left Sandys and his cohorts in full control, touched too closely the vital interests of some of his bitterest enemies. In Bermuda, as in Virginia, the hope of an early profit from the production of sugar, silk, wine, indigo, and other such commodities had proved vain, and like Virginia, Bermuda lived by the tobacco it grew. The Earl of Warwick and members of his family had made especially heavy investments in their Bermuda properties, and Sir Nathaniel Rich became the floor leader, as it were, of an attempt to defeat the contract. Sir Thomas Smith and his friends joined in the effort. Especially objectionable in the view of the opposition were plans for placing the management of the contract in the hands of salaried officials, with Sir Edwin as director at a salary of 500. At one Virginia court, meeting early in December, the debate got so out of hand that it required several additional sessions to straighten out the minutes in order that appropriate penalties might be imposed upon Mr. Samuel Wrote, a member of the Virginia council whose unrestrained charges of graft violated the company's rules and offended the court's sense of its own dignity. In the end the opposition elected to make the final test in a Bermuda court, whose consent was necessary to close the contract and where Sandys' opponents included the more substantial investors in that colony. The test came in February 1623, and Sandys won. But it could be demonstrated that had the vote been by share rather than by head, as was the rule in both companies, he would have been defeated. Sandys'

opponents in the Bermuda Company all along had complained of a plan to distribute the charges of the contract equally between the two companies, arguing that the Virginia tobacco had a greater value and should therefore carry a proportionately larger charge. And now they were in a position to argue that the Virginia Company, in whose courts for some time they had steadfastly refused even to vote on the salary question, sought to exploit the younger plantation, as was evidenced by the opposition of the adventurers to whom Bermuda's tobacco chiefly belonged. With this argument, Sandys' opponents promptly carried the whole question before the privy council.

This was in the spring of 1623. During the course of the preceding debate, news had come of an Indian ma.s.sacre in Virginia that had cost the lives of over 350 colonists. The faction-ridden and bankrupt company had stirred itself to send such aid as it could, but now came the word that this had not been enough. By the testimony of Sandys' own brother, though this testimony may not have been immediately available to his enemies, another 500 colonists had died before the year was out as a result of the dislocations occasioned by the ma.s.sacre, and as a result of the failure of the company to send enough aid. The tobacco contract dropped into a position of secondary importance as Sandys'

opponents, with Alderman Johnson taking the lead, pet.i.tioned the king for a full investigation of the situation in Virginia and of the recent conduct of its affairs.

Whatever one may think of Sir Edwin Sandys, or of the motives which inspired his opponents, there can be no question as to the correctness of the action taken by the government. The leaders of the two factions were called before the privy council on April 17, where they displayed so ”much heat and bitterness” toward one another as to make it difficult to get on with the business. In the end, the council won agreement that a special commission should be established for an investigation of the state of the colony's affairs, the agreement coming finally when the council conceded the demand of Sandys'

supporters that the investigation should begin with the administration of Sir Thomas Smith. Accordingly, on May 9, a commission was issued to Sir William Jones, justice of the Court of Common Pleas, and six other gentlemen ”to examine the carriage of the whole business.” Meantime, a letter had been prepared by the privy council to acquaint the colonists with the fact that their affairs had been taken into ”His Majesty's pious and princely care” and to encourage them ”to go on cheerfully in the work they have in hand.” The central issues all pertained to Virginia, but in the circ.u.mstances there was no choice but to include both companies in the province of the Jones commission.

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