INDEPENDENCE OF VIRGINIANS; LAWS AGAIN REVISED. 25 close scrutiny, for which he was removed in 1705.*

trol or guardianship. While it is true that there were certain checks upon the power of the governor, these restrictions consisted of instructions from the mother country which were usually kept secret, and the members of the Assembly therefore acted in ignorance of their precise powers. They were in a large measure dependent upon the governor for their seats in the council, and as they occupied a somewhat subordinate position the governor was at liberty to do almost as he pleased. However, the Virginians were beginning to exhibit a spirit of independence, which grew stronger as the years went by. They knew that the colony was of importance to England; they were equally as wise to the rights of Englishmen; they refused to vote any money unless they could have entire supervision over its distribution; and they gradually began to acquire considerable control of public affairs. Their independence is seen in their refusal to vote money as suggested by Nicholson for the defence of the colony against French depredations on the west, the Assembly not only refusing but justifying their course, unanimously, in direct opposition to orders from England. Nicholson was dissatisfied with the attitude of the Assembly, and expressed it plainly, which tended to bring him into unpopularity, and he finally indulged in some acts that would not bear too

* Bancroft, History of the United States, vol. iii., p. 26 (1st ed.).

The home authorities now adopted a course which was by no means wise or just. The office of governor was made a sinecure, which it remained for about fifty years, the salary being made £2,000, of which the nominal governor received £1,200, while the deputy governor, who did all the work, received only the balance, £800. Under this arrangement, the Earl of Orkney became the first governor, Edward Nott acting as deputy, although only for a space of a year, his career being ended by death. During Nott's brief administration, the Virginia code was revised for a fifth time. Most of the provisions related to the cases of indented servants, slaves, the Indians still remaining, etc., and in general the enactments were marked by a desire to promote humanity and justice. Two burgesses were to be elected from each county, and one from Jamestown, all to be elected by the freeholders. The twelve commissioners were to be paid about $1,600 annually for their services in the General Assembly and Courts, according to the time actually spent in the performance of official duties.†

After Nott's death, the governorship was given to Hunter, subsequently governor of New York, but in 1706, while on his way to the colony,

*Fiske, Old Virginia, vol. ii., pp. 121-123. Hildreth, vol. ii., pp. 235-240, gives a good resumé of these laws.

26

SPOTSWOOD'S EXPEDITION BEYOND THE BLUE RIDGE.

he was captured by the French, and
for the next few years the duties of
governor were performed by Edmund
Jennings, president of the council.
In 1710 Alexander Spotswood, a mili-
tary officer of age, judgment and con-
ciliating manners, was appointed
deputy governor, and with him he
brought the formal extension of the
habeas corpus act to the province of
Virginia. In a letter to the home
authorities, in 1711, Spotswood re-
ports the colony as being in a state
of perfect peace and happiness,
though occasional trials of his equa-
nimity occurred, when the Councils or
the Assembly became stubborn. Yet
on the whole, the official life of Spots-
wood was passed in quiet and satis-
faction, and, undoubtedly, as Mr.
Bancroft says, he was,
"the best in
the line of Virginia governors."
Spotswood was far in advance of his
compeers in divining the purposes of
the French in the West and South-
west, and he determined to see for
himself, in order that he might re-
port to the home authorities, whether
the. territory the French seemed so
anxious to acquire was really worth.
the efforts they were putting forth.
Accordingly, in 1716, he undertook an
expedition across the Blue Ridge, the
result of his journey being that a
vast amount of knowledge regarding
the country on the Ohio and the
Western lakes was given to the
colonial authorities and also those at

* Cooke, Virginia, p. 311.

home. While there were no immediate results from this undertaking, yet it was a good beginning and undoubtedly laid the foundation for the explorations of Boone, Sevier, Gist, and others.* For his services in this connection Spotswood was knighted. Spotswood's opinion of the significance of this exploration is shown in a letter to the Board of Trade. In recent years, he says, the French have built fortresses in such positions "that the British plantations are in a manner Surrounded by their commerce w'th the numerous Nations of Indians on both sides of the Lakes; they may not only Engross the whole Skin Trade, but may, when they please, Send out such Bodys of Indians on the back of these Plantations as may greatly distress his Maj'ty's Subjects here, And should they multiply their settlem'nts along these Lakes, so as to joyn their Dominions of Canada to their new Colony of Louisiana, they might even possess

The chief authorities for Spotswood's expedition are John Fontaine's journal, printed in Maury's Huguenot Family (New York, 1872) and The Official Letters of Alexander Spotswood, Lieutenant-Governor of Virginia, in 1710-1722, published in the Virginia Historical Society Collections, new series, vol. ii. See also R. A. Brock's introduction to these letters in vol. i. of the same; Winsor, The Mississippi Basin, pp. 127-135; Robert Beverly, Virginia, preface; Charles Campbell, History of Virginia, pp. 378410; Edward Ingle, Governor Spotswood's Horseshoe Campaign in 1716, as related to the Romance of Cathay, in Magazine of American History, vol. xvii., pp. 295-307; W. A. Caruthers, Knights of the Horseshoe; Ogg, Opening of the Mississippi, p. 214 et seq.; Winsor, Narrative and Critical History, vol. v., chap. iv.

SPOTSWOOD'S REPORT; THE PALATINES.

themselves of any of these Plantations they pleased. Nature, 'tis true, has formed a Barrier for us by that long Chain of Mountains w'ch run from back of South Carolina as far as New York, and w'ch are only passable in some few places, but even that Natural Defence may prove rather destructive to us, if they are not possessed by us before they are known to them. To prevent the dangers w'ch Threaten his Maj'ty's Dominions here from the growing power of these Neighbours, Nothing seems to me of more consequence than that now while the Natives are at peace, and while the French are yet uncapable of possessing all that vast Tract w'ch lies on the back of these Plantations, we should attempt to make some settlements on ye Lakes, and at the same time possess our selves of these passes of the Great Mountains, w'ch are necessary to preserve a Communication with such Settlements."*

27

valuable acquisition to the colony.
Spotswood's removal was caused by
the same controversy which had
brought about the removal of his two
predecessors.
predecessors. He claimed that the
appointment of the clergy and the
church patronage were privileges of
the governor's office, but his oppo-
nents, chief among whom was Blair,
finally succeeded, in 1722, in having
him removed. His removal, however,
did not embitter him against the col-
ony for he continued to reside in
Virginia, fostered the iron industry,
promoted the vine culture, and was
largely instrumental in perfecting the
system of posts recently established,
he acting as deputy postmaster-
general from 1730 to 1739.*

Spotswood was succeeded in 1723 by Hugh Drysdale, who proved himself quite acceptable to the colony. He reported to the authorities at home that the colony was in a state of "general harmony and contentment." In 1726 Drysdale's death occurred, and in 1727 William Gooch was sent out to succeed him as deputy governor. Gooch was a military officer of amiable manners and temper. For many years Virginia enjoyed peace and prosperity under his government.‡

For the details of his administration see Fiske, Old Virginia, vol. ii., pp. 370-390; Hildreth, vol. ii., pp. 326-328.

Cooke, Virginia, p. 329.

During the ten years from 1720 to 1730, according to Mr. Hildreth, the value of goods exported from New England to North American Colonies, i. e., New England, New York, Pennsylvania, Maryland, Virginia, and Carolina,—

28 SETTLERS IN BLUE RIDGE REGION; AFFAIRS IN MARYLAND.

About 1735 settlers began to penetrate the Blue Ridge region, and establish themselves in the valley beyond. Small farmers and craftsmen constituted the greater part of the new arrivals, settling in small villages and laying the foundations of Fredericksburg, Norfolk, and Falmouth. A settlement was made at Manakin, on the upper James by a company of French Huguenots, brought over by Claude Philippe de Richebourg. The " up-country" was settled by Scotch-Irish Presbyterians and Dutch Lutherans, from New York and Pennsylvania, their farms in the western frontier constituting a section wherein, until the present time,

66

Pennsylvania Dutch" is spoken.* As yet, however, there were no towns in the colony, in the ordinary sense of the word, and but few villages. The capitol at Williamsburg was destroyed by fire in 1748, and an attempt, was made to remove the seat of the government, but the project was defeated by the council. During the administration of Gooch, the Virginia code was revised for the sixth time, and the last time while. Virginia was a colony.

Meanwhile, affairs had been progressing almost as smoothly in Maryland as in Virginia. It will be remembered that the government of Maryland had been for some time in

the hands of the insurgents. In 1692
Lionel Copley was sent to the colony
as royal governor. During his ad-
ministration all existing laws were
repealed by the Assembly and an en-
tirely new code was enacted.
By the
new code the Church of England was
established as the religion of the
colony. The colony was divided into
thirty parishes, and tithes were im-
posed upon every inhabitant, with-
out regard to his religious opinions.*
The Quakers and Roman Catholics,
however, strenuously protested
against the oppressiveness of this
tax and exerted all their power in
opposing the establishment of the
law in every way they could. In addi-
tion, an oath of "abhorrency" was
required beside the oath of allegiance,
and no Catholic attorney was allowed
to practice in the province.† Copley
lived only a year after his arrival
and was succeeded by Sir Edmund
Andros, who, during a very short
term, succeeded in making himself
exceedingly obnoxious. In 1694
Francis Nicholson became governor

*Browne, Maryland, p. 185.

"We may now place side by side the three tolerations of Maryland. The toleration of the Proprietaries lasted fifty years, and under it all believers in Christ were equal before the law,

and all support to churches or ministers was voluntary; the Puritan toleration lasted six years, and included all but Papists, Prelatists, and those who held objectionable doctrines; the Anglican toleration lasted eighty years, and had glebes and churches for the Establishment, connivance for Dissenters, the penal laws for Catholics, and for all the forty per poll."-Browne, Maryland, the History of a Palatinate, pp. 185186 (copyright by Houghton, Mifflin & Co.).

CATHOLICS PERSECUTED; TEST OATH REQUIRED.

29

mour, the free school project was revived, various duties being imposed for the support of the system, with the proceeds of which a free school was ultimately established in each county. In 1709 Seymour died, and

it was not until five years later that a new deputy was sent out in the person of John Hart.

and restored peaceful conditions. He removed the capital from St. Mary's to Providence, then called Anne Arundel Town, but renamed Annapolis. In 1696 Nicholson founded King William school there. In 1698 the Rev. Dr. Thomas Bray was appointed commissary by the Bishop of London, and was largely instrumental in organizing in that year, and in 1701 obtaining a charter for "The Society for the Propagation of the Gospel in Foreign Parts." In In 1699 Dr. Bray visited Maryland, and in 1700 returned to England, where, during the remainder of his life, he exerted all his influence to promote the spiritual interests of the colony.† In 1699 Nathaniel Blackiston became governor and during his term, in 1702, an act of toleration was passed allowing liberty to every sect, except Roman Catholics. Two years later, after Colonel John Seymour had become governor, legalized persecution was set on foot against the Catholics. Mass was forbidden to be said publicly; and by offers of shares in their parents' property, children were tempted to hypocrisy. Under Sey- tinued to perform the duties of deputy

The mayor and people of St. Mary's protested vigorously against this change but the Assembly, in a brutal and vulgar answer, refused to reconsider its decision. See Scharf, History of Maryland, vol. i., pp. 345–348.

Dr. Bray died in 1730. See Hawks, Protestant Episcopal Church in Maryland, p. 82 et seq. For a more full account see also Humphreys' Historical Account of the Society for Propagating the Gospel in Foreign Parts.

For details see Scharf, vol. i., p. 368 et seq.; Fiske, Old Virginia, vol. ii., p. 163 et seq.; Browne, Maryland, pp. 198-199.

VOL. II-3

While the first Lord Baltimore had become a Roman Catholic from conviction, the present Lord reversed his religious affiliations from Catholicism to Protestantism from interest. He found that ruin was impending unless he or his family could be restored to to their proprietary rights, and therefore prevailed therefore prevailed upon his son, Benedict Leonard, to embrace the doctrines and become a member of the Established Church, which was done in 1715. Thereupon, the administration of affairs was restored to the Calvert family in full. Benedict Leonard, however, did not long enjoy his new privileges, for he died within a year (on April 5, 1715) and his infant son, Charles, succeeded him as the fifth Lord Baltimore. Hart con

governor in Maryland for a while, and no effect was produced in Maryland. through this change in religious views of the proprietaries. It was deemed best by the legislature that a test oath be imposed on all Roman Catholics, which virtually excluded them from any share in the government. In 1720 Hart was succeeded as governor by * Hildreth, vol. ii., p. 241.