John Marshall

The Life of George Washington


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a gun to give notice of their arrival, and sent a party to the place where the colony had been left; but no vestige of their countrymen could be found. In attempting the next day to go to Roanoke, one of the boats, in passing a bar, was half filled with water, another was overset, and six men were drowned. Two other boats were fitted out with nineteen men to search the island thoroughly on which the colony had been left.

      At the departure of Mr. White, it was in contemplation to remove about fifty miles into the country; and it had been agreed that, should the colonists leave the island, they would carve the name of the place to which they should remove, on some tree, door, or post; with the addition of a cross over it, as a signal of distress, if they should be really distressed at the time of changing their situation. After considerable search, the word CROATAN was found carved in fair capital letters on one of the chief posts, but unaccompanied by the sign of distress which had been agreed on.

      Croatan was the name of an Indian town on the north side of Cape Lookout, and for that place, the fleet weighed anchor the next day. Meeting with a storm, and several accidents, they were discouraged from proceeding on their voyage, and, determining to suspend their search, returned to the West Indies.

      1602

      Voyage of Gosnald.

      The subsequent voyages made by the English to North America were for the sole purpose of traffic, and were unimportant in their consequences, until the year 1602, when one was undertaken by Bartholomew Gosnald, which contributed greatly to the revival of the then dormant spirit of colonising in the new world. He sailed from Falmouth in a small bark with thirty-two men; and steering nearly west, reached the American continent, on the 11th of May, in about forty-three degrees of north latitude.

      This voyage was completed in less than four months, and was attended with important consequences. Gosnald had found a healthy climate, a rich soil, good harbours, and a route which shortened considerably the distance to the continent of North America. He had seen many of the fruits known and prized in Europe, blooming in the woods; and had planted European grain which grew rapidly. Encouraged by this experiment, and delighted with the country, he formed the resolution of transporting thither a colony, and of procuring the co-operation of others by whom his plan might be supported. So unfortunate however had been former attempts of this sort, that men of wealth and rank, though strongly impressed by his report of the country, were slow in giving full faith to his representations, and in entering completely into his views. One vessel was fitted out by the merchants of Bristol, and another by the earl of Southampton, and Lord Arundel of Wardour, in order to learn whether Gosnald's account of the country was to be considered as a just representation of its state, or as the exaggerated description of a person fond of magnifying his own discoveries. Both returned with a full confirmation of his veracity, and with the addition of so many new circumstances in favour of the country, as greatly increased the desire of settling it.

      Richard Hackluyt, prebendary of Westminster, a man of distinguished learning and intelligence, contributed more than any other by his judicious exertions, to form an association sufficiently extensive, powerful, and wealthy, to execute the often renewed, and often disappointed project of establishing colonies in America.

      At length, such an association was formed; and a petition was presented to James I., who had succeeded to the crown of England, praying the royal sanction to the plan which was proposed. That pacific monarch was delighted with it, and immediately acceded to the wishes of its projectors.

      Patent to Sir Thomas Gates and others.

      On the 10th of April, letters patent were 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, and which either belonged to that monarch, or were not then possessed by any other Christian prince or people; and also the islands adjacent thereto, or within one hundred miles thereof. They were divided, at 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, Plymouth, and elsewhere, was named the second colony, and was ordered to settle between the 38th and 45th degrees of north latitude; yet so that the colony last formed should not be planted within one hundred miles of the prior establishment.

      The adventurers were empowered to transport so many English subjects as should be willing to accompany them, who, with their descendants, were, at all times, to enjoy the same liberties, within any other dominions of the crown of England, as if they had remained, or were born, within the realm. A council consisting of thirteen, to be appointed and removed at the pleasure of the crown, was established for each colony, to govern it according to such laws as should be given under the sign manual and privy seal of England.

      Two other boards to consist also of thirteen persons each, and to be appointed by the King, were invested with the superior direction of the affairs of the colonies.

      The adventurers were allowed to search for, and open mines of gold, silver, and copper, yielding one-fifth of the two former metals, and one-fifteenth of the last, to the King; and to make a coin which should be current both among the colonists and natives.

      The president and council were authorised to repel those who should, without their authority, attempt to settle, or trade, within their jurisdiction, and to seize, and detain the persons, and effects, of such intruders, until they should pay a duty of two and one-half per centum ad valorem, if subjects, but of five per centum if aliens. These taxes were to be applied, for twenty-one years, to the use of the adventurers, and were afterwards to be paid into the royal exchequer.

      Code of laws for the colony drawn up by the King.

      While the council for the patentees were employed in making preparations to secure the benefits of their grant, James was assiduously engaged in the new, and, to his vanity, the flattering task of framing a code of laws for the government of the colonies about to be planted. Having at length prepared this code, he issued it under the sign manual, and privy seal of England. By these regulations, he vested the general superintendence of the colonies, in a council in England, "composed of a few persons of consideration and talents." The church of England was established. The legislative and executive powers within the colonies, were vested in the president and councils; but their ordinances were not to touch life or member, were to continue in force only until made void by the King, or his council in England for Virginia, and were to be in substance, consonant to the laws of England. They were enjoined to permit none to withdraw the people from their allegiance to himself, and his successors; and to cause all persons so offending to be apprehended, and imprisoned until reformation; or, in cases highly offensive, to be sent to England to receive punishment. No person was to be permitted to remain in the colony without taking the oath of obedience. Tumults, mutiny, and rebellion, murder, and incest, were to be punished with death; and for these offences, the criminal was to be tried by a jury. Inferior crimes were to be punished in a summary way, at the discretion of the president and council.