192 SERVANTS AND SLAVES IN VIRGINIA. XIV. CHAP. qualled in any northern colony, and unmitigated by public care for education.' The system of common schools was unknown. 66 Every man," said Sir William Berkeley in 1671, "instructs his children according to his ability;" a method which left the children of the ignorant to hopeless ignorance. The instinct of aristocracy dreaded the general diffusion of intelligence, and even the enfranchising influence of the preaching of the ministers. "The ministers," continued Sir William, in the spirit of the aristocracy of the Tudors, "should pray oftener and preach less. But, I thank God, there are no free schools, nor printing; and I hope we shall not have, these hundred years; for learning has brought disobedience, and heresy, and sects into the world, and printing has divulged them, and libels against the best government. God keep us from both." Thus, in addition to the difficulties which the degraded caste of servants encountered in their endeavors to lift themselves into distinction, the power of the government was exerted to depress whole classes of society. We rightly abhor the envy which delights in de basing excellence; it is a still greater crime against humanity, to combine against the masses in their struggle for intellectual and social advancement. Still servants were emancipated, when their years of servitude were ended; and the law was designed to secure and to hasten their enfranchisement. The insurrection, which was plotted by a number of servants in 1663, had its origin in impatience of 1 "Their almost general want of schooles, for the education of their children, is of most sad consideration, most of all bewailed of the parents there, and therefore the arguments drawn from thence, most likely to prevail with them chearfully to embrace the Remedy." Virginia's Cure, p. 5. SERVANTS AND SLAVES IN VIRGINIA. 193 XIV. servitude and oppression. A few bondmen, soldiers CHAP. of Cromwell, and probably Roundheads, were excited by their own sufferings, and by the nature of life in the wilderness, to indulge once more in vague desires for a purer church and a happier condition. From the character of the times, their passions were sustained by political fanaticism; but no definite plan of revolution was devised; nor did the conspiracy extend beyond a scheme of indented servants to anticipate the period of their freedom. The effort was the work of ignorant men, and was easily suppressed.'. The facility of escape compelled humane treatment of white servants. Towards the negro the laws were less tolerant. The statute which declares who are slaves, followed the old idea, long prevalent through Christendom, "All servants, not being Christians, imported into this 1670. country by shipping, shall be slaves." Yet it was added, "conversion to the Christian faith doth not 1682. make free." The early Anglo-Saxon rule, interpreting every doubtful question in favor of liberty, declared the children of freemen to be free. Virginia was humane towards men of the white race; was severe towards the negro. Doubts arose, if the offspring of an Englishman by a negro woman should be bond or free; and the rule of the Roman law prevailed over 1662. the Anglo-Saxon. The offspring followed the condition of its mother. Enfranchisement of the colored population was not encouraged; the female slave was not subject to taxation; the emancipated negress was 1668. "a tithable." “The death of a slave from extremity of correction, was not accounted felony; since it 1 Hening, ii. 510. Beverley. MS. of the General Court of VirLetter from N. P. Howard, clerk ginia. 194 AMBITION OF THE ARISTOCRACY. CHAP. cannot be presumed"-such is the language of the XIV. statute that prepensed malice, which alone makes 1669. murther felony, should induce any man to destroy his own estate." The legislature did not understand human passion; no such opinion now prevails. Finally, 1672. it was made lawful for "persons, pursuing fugitive colored slaves, to wound, or even to kill them." The master was absolute lord over the negro. The slave, and the slave's posterity, were bondmen; though afterwards, when the question was raised, the devise of negro children in posse, the future increase of a bondwoman, was void. As property in Virginia consisted almost exclusively of land and laborers, the increase of negro slaves was grateful to the pride and to the interests of the large landed proprietors. After a long series of years, the institution of slavery renewed a landed aristocracy, closely resembling the feudal nobility; the culminating point was the period 1705. when slaves were declared to be real estate, and might 1727. be constituted by the owner adscripts to the soil.' The aristocracy which was thus confirmed in its influence by the extent of its domains, by its superior intelligence, and by the character of a large part of the laboring class, naturally aspired to the government of the country; from among them the council was selected; many of them were returned as members of the legislature; and in the organization of the militia, they also held commissions. The entire absence of local municipal governments necessarily led to an extension, unparalleled in the United States, of the power of the magistrates. The justices of the peace for each county fixed the amount of county taxes, 1 Hening, ii. 283, 490, 491, 170, Virginia Practice, i. 527. Hening, 267, 270, 299. Conway Robinson's iv. 222. Compare v. 432. PARTIES IN VIRGINIA ON THE RESTORATION. 195 XIV. assessed and collected them, and superintended their CHAP. disbursement; so that military, judicial, legislative, and executive powers were often deposited in the hands of men, who, as owners of large estates, masters of many indented servants, and lords of slaves, already began to exhibit the first indications of an established aris tocracy. Thus, at the period of the restoration, two elements 1660. were contending for the mastery in the political life of Virginia; on the one hand, there was in the Old Dominion a people; on the other, a rising aristocracy. The present decision of the contest would depend on the side to which the sovereign of the country would incline. During the few years of the interruption of monarchy in England, that sovereign had been the people of Virginia; and its mild and beneficent legislation, careless of theory, and unconscious of obeying impulses which were controlling the common advancement of humanity, had begun to loosen the cords of religious bigotry, to confirm equality of franchises, to foster colonial industry by freedom of traffic with the world. The restoration of monarchy changed the course of events, took from the people of Virginia the power which was not to be recovered for more than a century, and gave to the forming aristocracy a powerful ally in the royal government and its officers. The early history of Virginia not only illustrates the humane and ameliorating influences of popular freedom, but also presents a picture of the confusion, discontent, and carnage, which are the natural consequences of selfish legislation and a retrograde movement in the cause of popular liberty. The emigrant royalists had hitherto not acted as a political party, but took advantage of peace to estab 196 ELECTION OF A ROYALIST ASSEMBLY. XIV. CHAP. lish their fortunes. Their numbers were constantly increasing; their character and education procured 1660. them respect and influence; yet no collisions ensued. If one assembly had, what Massachusetts never did, submitted to Richard Cromwell-if another had elected Berkeley as governor-the power of the people still preserved its vigor, and controlled legislative action. But on the tidings of the restoration of Charles II., the fires of loyalty blazed up, perhaps the more vehemently for their long inactivity. Virginia shared the passionate joy of England. In the mother-country, the spirit of popular liberty, contending at once with ancient institutions which it could not overthrow, had been productive of much calamity, and had overwhelmed the tenets of popular enfranchisement in disgust and abhorrence. In Virginia, where no such ancient abuses existed, the same spirit had been productive only of benefits. Yet to the colony England still seemed a home; and the spirit of English loyalty pervaded the plantations along the Chesapeake. With the people it was a generous enthusiasm; to many of the leading men loyalty opened a career for ambition; and with general consent, Sir William Berkeley, no longer acting as governor, elected by the people, but assuming such powers as his royal commission bestowed, issued writs for an assembly in the name of the king. The sovereignty over itself, which Virginia had exercised so well, had come to an end. The excitement of the moment favored the friends of royalty; and the first assembly which was elected 1661. after the restoration, was composed of landholders and Cavaliers; men in whose breasts the passions of colo |