20 GOSNOLD IN NEW ENGLAND. foreign enterprise, for which they have ever since been distinguished. Although the design of the new company was not immediately executed, yet to them we are chiefly indebted for the expedition which finally effected a permanent settlement, as we shall hereafter relate. While their operations were suspended, a voyage took place, which had nearly given to New England a priority over Virginia in the period of its settlement. This voyage was undertaken in 1602, by Bartholomew Gosnold, who, abandoning the usual route to America by the Canaries and West Indies, sailed directly across the Atlantic and landed in Massachusetts Bay, discovered and named Cape Cod, the Elizabeth Islands, and Buzzard's Bay, which he called Gosnold's Hope. On the westernmost of the Elizabeth Islands to which he gave the name now applied to the whole group, he landed some men with a design of settling. A fort and store house were built; and preparations were made for a permanent residence on the spot. But the courage of the colonists failed, and the whole company returned to England after a short voyage of four months. In 1603, and 1606, Martin Pring made two voyages to the American coast, which he explored from Martha's Vineyard to the north-eastern part of Maine. His object was to traffic with the natives, and in this he was successful. Nearly the same ground was passed over in 1605, by George Weymouth, who discovered and ascended the Penobscot river; and on his return brought away five of the natives whom he had decoyed on board his ship. Thus far the attempts of the English to form permanent settlements on our shores were unsuccessful. Still these expeditions served to keep alive the claims which were founded on the discovery of the Cabots; and the extent of the explorations made by English voyagers on the coast, was subsequently considered a sufficient ground for expelling, or incorporating with their own establishments, the colonies which were planted by other nations on the soil of the United States. CHAPTER V. COLONIZATION OF VIRGINIA. ALTHOUGH the attempts to form a permanent colony in Virginia had not hitherto succeeded, many persons of distinction in England still entertained sanguine hopes of ultimately effecting this grand object. Gosnold, whose voyage to New England we have already noticed, succeeded in forming a company consisting of himself, Wingfield, a merchant, Hunt, a clergyman, and the celebrated Captain John Smith; and they were, for more than a year, engaged in considering the project of a plantation. At the same time Sir Ferdinand Gorges was forming a similar design, in which he was joined by Sir John Popham, lord chief justice of England. Hakluyt, who was a participator in the privileges of Raleigh's patent, was desirous of proceeding with his plan of colonization; and the king of England, James I., was favourably disposed towards the design of enlarging his dominions. A company was formed by Gates, Summers, Gosnold, Smith, Hakluyt, Gorges, and Popham; application was made to the king for a charter, and one was readily obtained which secured ample privileges to the colonists. On the 10th of April, 1606, the charter was issued under the great seal of England, to the petitioners, Sir Thomas Gates and his associates, granting to them those territories in America, lying on the sea coast between the 34th and 45th degrees of north latitude, (that is, from Cape Fear to Halifax,) and which either belonged to James I., or were not then possessed by any other Christian prince or people; and also the islands adjacent to, or within one hundred miles of the coast. The French settlement already noticed in Nova Scotia, then called Acadia, was of course excepted by these terms. The petitioners were divided by their own desire into two companies; one consisting of certain knights, gentlemen, merchants, and other adventurers of the city of London, and elsewhere, was called the first colony, and was required to settle between the 34th and 41st degrees of north latitude; the other consisting of certain knights, gentlemen, merchants and other adventurers of Bristol, Exeter, and other places in the west of 22 FIRST CHARTER OF VIRGINIA. England, and called the second colony, was ordered to settle between the 38th and 45th degrees of north latitude. The intermediate region from 38 to 41 degrees was open to both companies, and to prevent collision, each was to possess the soil extending fifty miles north and south of its first settlement. Thus, neither company could plant within one hundred miles of a colony of its rival. The patent also empowered the companies to transport to the colonies as many English subjects as should be willing to accompany them, who with their descendants were to retain the same liberties, within any other dominions of the crown of England as if they had remained or were born within the realm. The land of the colonies was to be held on the condition of homage to the crown, and a rent consisting of onefifth of the net produce of gold and silver, and one-fifth of the copper which might be taken from the mines to be discovered. The right of coining money was also conferred on the colonies. The government of the colony, the king retained as much as was possible in his own hands; for it was one of his foibles, to imagine that he possessed the most consummate skill, not only in the construction of laws, but in the policy of govern ment. Accordingly the superintendence of the whole colonial system was placed in the hand of a council in England; and the administration of affairs in each colony was confided to a council residing within its limits. The king reserved to himself and his successors the right of appointing the members of the superior council, and of causing those of the colonial councils to be ordained or removed according to his own instructions. He also took upon himself the task, so agreeable to his vanity, of framing a code of laws both general and particular. 6 Thus the legislative and executive powers were all virtually reserved to the crown of England. At this time,' says a late writer, the English were accustomed to the arbitrary rule of their monarchs, and the limits of the royal prerogative were unknown. It was either not perceived, or not attended to, that by placing the legislative and executive powers in a council nominated by the king, every settler in America was deprived of the chief privilege of a freeman-that of giving his voice in the election of those who frame the laws which he is to observe, and impose the taxes which he is to pay.' NEWPORT SAILED FROM ENGLAND. 23 By the code of laws, which the king prepared, it was provided that the superior council in England might name the colonial council, with power to elect its own officers and fill its own vacancies. The religion of the church of England was established for the colony. Lands were to descend by the common law. Murder, sedition, and some other crimes were punishable by death after trial by jury. But civil causes, requiring corporeal punishment, were decided by the council, which was also empowered to enact such additional laws as the condition of the colony might require. Commerce with foreign nations was not restrained either by the terms of the patent or the laws. Such were the regulations under which the patentees proceeded to the arduous task of founding a colony at the distance of three thousand miles from the mother country, in a region filled with powerful tribes of savages, who, if they should at first receive them as friendly visitors, would not be slow to discover that their occupation of the soil was dangerous to themselves and their posterity. Having procured their charter, the patentees proceeded to fit out a squadron of three small vessels, the largest not exceeding one hundred tons burden, bearing one hundred and five men destined to remain. This squadron was placed under the command of Captain Newport; and sailed from England on the 19th of December, 1606, one hundred and nine years after the discovery of the continent by Cabot. Among the emigrants were some gentlemen of distinguished families, particularly Mr. Percy, brother to the earl of Northumberland; but there was a great deficiency of artisans, mechanics and labourers, so absolutely necessary in a new settlement, and none of the men brought families with them, which at the present day we should consider quite essential to the success of such an enterprise. On the voyage, dissensions arose; and as king James had concealed the names and instructions of the council in a box, which was not to be opened till their arrival, no one could assume the authority necessary to repress disorders. Smith on account of his superior merit and ability was particularly obnoxious to the other adven turers. Captain Newport pursued the old track by the way of the Canaries and the West Indies, and, as he turned to the north, he was carried by a severe storm beyond Roanoke, whither he had been ordered, into Chesapeake bay. Having discovered 24 SETTLEMENT OF JAMESTOWN. and named Cape Henry and Cape Charles in honour of the King's sons, he sailed up the noble bay. All the company were filled with admiration of its extent, the fertility of its shores and the magnificent features of the surrounding scenery. They soon entered the river Powhatan, which in honour of the king was called James river, and after seventeen days search, fixed upon the peninsula of Jamestown, about fifty miles above the mouth of the stream, as a suitable site for the colony. They landed on the thirteenth of May, 1607; and having learnt from the papers contained in the king's box, who were the appointed members of the council, that body elected Wingfield for their president, and excluded Captain Smith from their number on a charge of sedition. A few huts were raised to protect them from the inclemency of the weather, and a small fort for defence against the natives. A part of the men were employed in cutting timber and loading the ships for England, while Newport and Smith with a small party ascended the river and visited the Indian king, Powhatan, in his capital, which consisted of twelve wigwams. His subjects regarded the English as intruders, but the king himself manifested a friendly disposition. In a month, Newport set sail for England, and then the difficulties of the colonists began to be apparent. Their provisions were spoiled, and the climate was soon found to be as uncongenial to European constitutions as the wild country was to their idle and dissipated habits. During the summer nearly every man was sick, and before autumn fifty of their number had died. Among them was Gosnold, the original projector of the settlement, and one of the ablest and best men in the council. The incapacity and dissensions of the council made it necessary to confide the management of affairs to Captain Smith, whose energy and prudence soon revived the hopes of the colonists. In the autumn the Indians brought them a supply of provisions; and an abundance of wild fowl and game was found in the woods. It had been enjoined upon them, by the London company, to explore some stream running from the north-west. in hopes. of finding a passage to the Pacific Ocean; and Smith, with probably very little expectation of making such a discovery, obeyed this injunction, by sailing up the Chickahominy as far as he could in boats; and then, to gratify his own fondness for adventure and research, he landed and proceeded into the |