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CHAPTER XV.

Origin of "First Families" in Virginia—Auction of wives to the Vir ginians-Sam's idea of Aristocracy-Virginians obtain the right of trial by Jury-of Representative Government also-Religious toleration first granted them, repealed.

BUT Sam turns now suddenly toward the South, and a humorous twinkle broadens on his wide countenance, as he regards for a moment the lordly airs of "some of our First Families "-then planting his huge finger upon the page of History which follows-he bursts into a great guffaw.

"The people of Virginia had not been settled in their minds,' and, as before the recent changes, they had gone there with the design of ultimately returning to England, it was necessary to multiply attachments to the soil. Few women had as yet dared to cross the Atlantic; but now, the promise of prosperity, induced ninety agreeable persons, young and incorrupt, to listen to the wishes of the company, and the benevolent advice of Sandys, and to embark for the colony, where they were assured of a welcome. They were transported at the expense of the corporation, and were married to the tenants of the company, or to men who were able to support them, and who willingly defrayed the cost of their passage, which was rigorously demanded. The adventure, which had been in part a mercantile speculation, succeeded so well, that it was designed to send, the next year, another consignment of one hundred; but before these could be collected, the company found itself so poor, that its design could be accomplished only by a subscription. After some delays, sixty were actually dispatched-maids of virtuous education, young, handsome, and well recommended. The price rose from one hundred and twenty to one hundred and fifty pounds

of tobacco, or even more; so that all the original charges might be repaid. The debt for a wife was a debt of honor, and took precedence of any other; and the company in conferring employments, gave preference to the married men. Domestic ties were formed; virtuous sentiments and habits of thrift ensued; the tide of emigration swelled; within three years, fifty patents for land were granted, and three thousand, five hundred persons found their way to Virginia, which was a refuge even for Puritans.'

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"Hoo, hoo, hoo!"-" first families" indeed! when your great, great grandmothers, were bought off of transport ships for a hundred and twenty to a hundred and fifty pounds of tobacco each. "Here is the aristocratic for you!" he shouts hoarsely, clutching with outstretched arm the tufted crest of an Alleghany summit, which he rocks and heaves as if to tear it by its roots from out his path, and thereby shaking the chain along its whole length into a shiver. "The power and will to do to move-to overcome-this is my aristocracy."

The indignation of Sam was only transient, for as he saw the startled mountains cradled back to sleep again in shortened vibrations, he smiled complacently, and said, with a slow speech and humorous twinkle: "Why, that youngster of mine, California, will, at this rate, soon be pluming himself upon a special aristocratic caste, sprung from the loins of those innocent maidens captivated and bewitched into his embraces by that enterprising admirer of the multiplication and replenishing of the earth system-Mrs. Farnham! then, he adds thoughtfully, with his foot in a notch, and leaning his elbow upon the now quiet summit of the mountains-as he looks out on the West-"this young fellow is rather knowing of his age; he was born with a pickaxe in his hand; and understands that honor is alone to be won by laborhe'll do."

But the mood of Sam has suddenly changed; and so ye slavish Howlers of the East," it has never got into your "round heads," that after the formal concession of "legislative liberties," the next charter of rights obtained for the "liberty of which ye cant so much, was that of the right of trial by jury of peers" in this profligate and ungodly colony of Virginia! and furthermore, that this right was

obtained in defiance of the interference of King James, by the London Company, who elected as Treasurer, the Earl of Southampton, the early friend of Shakspeare!

Under this organization, the Treasurer was in reality the most important officer. Indeed nothing could move without his co-operation, and "it is natural," says Sam, "that the early friend of Shakespeare-who was so far before the old world in reach of freedom of thought-should have been the earliest promoter of the right of trial by jury in the New World."

Sam disdains to call himself the "child of Shakespeare," or anybody else, because he is alone the child of the elements, and his children the sons of Sam; yet it rather pleases the stalwart gentleman that his children down South obtained the "right of trial by jury" first through an early friend of Shakespeare, and perpetuated it, together with the novelty of "legislative liberties" to all the other colonies.

The system of representative government and trial by jury was thus (1621) established in the new hemisphere as an acknowledged right. The colonists ceasing to depend as servants on a commercial company, now became enfranchised citizens. Henceforward the supreme power was held to reside in the hands of the colonial parliament and of the King, as King of Virginia. The ordinance was the basis on which Virginia erected the superstructure of its liberties. Its influences were wide and enduring, and can be traced through all following years of the history of the colony. It constituted the plantation in its infancy a nursery of freemen, and succeeding generations learned to cherish institutions which were as old as the first period of the prosperity of their fathers.

The privileges which were now conceded could never be wrested from the Virginians; and as new colonies arose at the South, their proprietaries could hope to win emigrants only by bestowing franchises as large as those enjoyed by their elder rival. The London company merits the fame of having acted as the successful friend of liberty in America. It may be doubted whether any public act during the reign of King James was of more permanent or pervading influence; and it reflects glory on the Earl of Southampton, Sir Edwin Sandys, and the patriot party of England, who, unable to

establish guarantees of a liberal administration at home, were careful to connect popular freedom so intimately with the life, prosperity and state of society of Virginia, that they never could be separated.

Thus it would appear, says Sam, that my dissolute vagabonds of Virginia managed to thrive in one way and another amazingly. Not only did they contrive to obtain first from the Crown those concessions which constitute in themselves the magna charta of American freedom, and were afterward emulated and imitated in the constitutions of other colonies, but they likewise set the noble example of religious toleration, and while their bigoted and canting brothers of Plymouth were banishing a Roger Williams and the Anabaptists, hanging the inoffensive Quakers, burning, pressing, and drawing and quartering miserable old women, under the name of witches; these profligate colonists, although firm believers in the union of church and state, were inviting these very Puritans to come among them and settle in peace.

The condition of contending parties in England had now given to Virginia an opportunity of legislation independent of European control; and the voluntary act of the assembly restraining religious liberty, adopted from hostility to political innovation, rather than a spirit of fanaticism, or respect to instructions, proves conclusively the attachment of the representatives of Virginia to the Episcopal church and the cause of royalty. Yet there had been Puritans in the colony almost from the beginning; even the Brownists were freely offered a serene asylum. "Here," said the tolerant Whitaker, "neither surplice nor subscription is spoken of," and several Puritan clergy emigrated to Virginia. They were so contented with their reception, that large numbers were preparing to follow, and were restrained only by the forethought of English intolerance. We have seen that the Pilgrims at Plymouth were invited to remove within the jurisdiction of Virginia; Puritan merchants planted themselves at James river without fear, and emigrants from Massachusetts had recently established themselves in the colony. The honor of Land had been vindicated by a judicial sentence, and south of the Potomac the decrees of the court of high commission were allowed to be valid, but I find no traces of persecution in the earliest history of Virginia.

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ARRIVAL OF SHIP FROM ENGLAND LADEN WITH FEMALES TO BE SOLD TO THE VIRGINIANS FOR WIVES, IN EXCHANGE FOR TOBACCO. (SEE CHAP. XV.)

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