HE accession of James I. to the English crown," says Mr. Grahame, "was, by a singular coincidence, an event no less favourable to the colonization of America, than fatal to the illustrious projector of this design." The same policy which gave peace to Spain, and thereby turned many ardent spirits into new paths of adventure, deprived Raleigh of his patent by attainder, and opened the continent to the enterprise of those who were destined to effect its permanent settlement.

Many distinguished men were already revolving in their minds projects of colonization, and all turned towards Virginia as the theatre of their operations. Hakluyt, the historian of

LETTERS PATENT ISSUED.

81

maritime adventure, Sir Ferdinando Gorges, destined afterwards to become the proprietary of Maine, Sir John Popham, Lord Chief Justice of England, and Captain John Smith, the most able and active among the leaders in enterprises of discovery, were all at the same time directing their efforts to the same object. The failure of Raleigh's attempts seems to have convinced them of the necessity of uniting in a company or corporation in order to command success; and accordingly others were invited to join them in petitioning to the king for a patent to enable them to raise a joint stock in order to settle colonies in Virginia.

The petition was favourably received, and, on the 10th of April, 1606, letters-patent were issued to Sir Thomas Gates and Sir George Somers, knights, Richard Hakluyt, clerk, Edward Maria Wingfield, Thomas Hanham, and Raleigh Gilbert, esquires, and William Parker and George Popham, gentlemen, and their associates, granting them all those territories in America lying on the sea-coast between the thirty-fourth and 45th degrees of north latitude, including all the islands within one hundred miles of their shores. The patentees were divided into two companies; the first or southern colony, consisting of the London adventurers; and the second or northern, composed of adventurers principally from Plymouth and Bristol.

The charter authorized both companies to transport to their territories as many English subjects as should be willing to accompany them. The colonists and their children were to enjoy the same rights and liberties as if they had remained in England. The supreme government of the colonies was committed to a council in England, to be nominated by the king and directed by his instructions; the subordinate jurisdiction was lodged in a council resident in the colonies; also subject to the king. Having retained in his own hands as much as possible of the power, James set about digesting a code of laws for the government of the settlements; which, having been duly prepared, was issued under the privy seal of England. By this code the legislative and executive powers were

VOL. I. 11

82

EXPEDITION OF NEWPORT.

vested in the colonial council; whose laws were subject to a repeal by the king or supreme council. The religion of the Church of England was established. Persons guilty of treason were to be sent to England for trial; those accused of murder, rebellion, and incest, were to be tried by a jury, and, if guilty, to suffer death; all inferior crimes were to be punished at the discretion of the president and council; lands were to be held. on the same tenures as in England; and, for five years after the settlement of each colony, a community of property was established.

The London company immediately applied themselves to the formation of a settlement; and fitted out three small vessels, the largest not exceeding one hundred tons burthen. These they put under the command of Captain Christopher Newport; who sailed on the 19th of December, 1606; one hundred and ten years after the discovery of the continent by Cabot, and twenty-two years after its occupation by Raleigh. Newport had with him one hundred and five men destined to remain in America; among these were several persons of distinction; particularly George Percy, a brother of the Earl of Northumberland, Bartholomew Gosnold, the navigator, and Captain John Smith. Instead of pursuing Gosnold's track, Newport took the old circuitous one, by way of the Canaries; and was four months in accomplishing the voyage. It had been his intention to land at Roanoke; but a storm arising, the squadron was driven into Chesapeake Bay. Here he discovered and named Cape Henry, in honour of the Prince of Wales. After coasting about for some time, the adventurers entered a river called by the natives Powhatan; and, seeing that the region to which they had been driven by the storm, possessed many advantages not to be found at Roanoke, they determined to make this the place of their abode. Both their settlement and the river Powhatan received the name of their king; and Jamestown can now pride herself on being the oldest existing habitation of the English in America.

But, unfortunately for their welfare, dissensions had broken out among the colonists on their voyage. This was an almost

SETTLEMENT AT JAMESTOWN.

83

unavoidable consequence of an artifice employed by James. The names of the colonial council were sealed up in a packet, which was not to be opened until twenty-four hours after their arrival in Virginia; so that no one knew in what relation to the others he might be placed; neither could any take the authority of commanding the rest. Having now landed, the packet was opened and the names of the council proclaimed; they were far from giving general satisfaction, especially that of Captain Smith, whose superior abilities had excited the envy of his companions. The council, having elected a president, excluded Smith from their number on a groundless charge of entertaining treasonable designs. The loss of his services to the colonists was one of a serious nature; but he demanded a trial, was honourably acquitted, and took his seat in the council. In June, Newport sailing for England, the supplies which the colonists had hitherto received from his squadron. were thus cut off; and being now limited to unwholesome provisions, and unused to the climate, they were visited by a raging disease, which, before September, had carried off one half of their number, among whom was Bartholomew Gosnold. The distress of the adventurers was heightened by internal dissensions; accusations of embezzling the public stores were preferred against the president, and he was detected in attempting to escape from the colony in a pinnace. At length the drooping spirits of the colonists were revived by the arrival of an abundant supply of provisions which Smith had obtained from the Indians. Gratitude to their preserver now took the place of their jealousy; and all looked up to him as the head of the colony.

Captain Smith, whose name will ever be associated with the establishment of civilized society in America, was descended from a respectable family in Lincolnshire, and was born to a competent fortune. His mind was strongly tinctured with the spirit of adventure so prevalent in England during the reign of Elizabeth; and yielding to his inclinations, he passed through a variety of military service, with little gain, but great reputation, and with the acquisition of valuable

84

CAPTURE OF SMITH.

experience. The vigour of his constitution had preserved his health unimpaired amidst the general sickness; and his undaunted temper retained his spirits unbroken and his judgment unclouded. A strong sense of religion predominated in his mind, giving dignity to his character and consistency to his conduct. Entering upon the direction of affairs, he fortified Jamestown; and the savages refusing to grant further supplies, he put himself at the head of a company of his people, and advanced into the country. By affability to the well-disposed tribes, and vigorously repelling the hostility of such as were otherwise disposed, he obtained for the colony the most abundant supplies. But in the midst of his success he was surprised, and, after a brave defence, taken prisoner. He desired to speak with the sachem, and, presenting him with a mariner's compass, he described its wonderful properties, explained the globular shape of the earth, the course of the sun, the varieties of nations, and other things wonderful to his captors, who listened in amazement, and regarded Smith as a superior being. The impression made on the savages was so strong, that although he had not once solicited his life, they remained for one hour undecided; but at last their habitual sentiments prevailed, and binding him to a tree, they prepared to despatch him with their arrows. Fortunately for Smith, a stronger impression had been made on Opechancanough, the chief, who, holding up the compass, gave the signal of reprieve, but still retained him a prisoner.

After vainly endeavouring to lead him to betray the colony into their hands, they conducted him to Powhatan, the king of the country, who adjudged him to die by having his head beaten to pieces with a club. At the place of execution, he was again rescued from his fate by Pocahontas, the king's favourite daughter, who threw her arms around the prisoner, and declared she would save him or die with him. Her humane affection prevailed over the cruelty of the tribe, and Smith was released, and soon after sent back to Jamestown, where he found his associates, reduced to thirty-eight men, preparing to abandon the settlement. Nor could they be