The massacre of March 22, 1622, put an end to many friendly relations and projects. The Indians were disfranchised, and the races became irreconcilably opposed to each other; henceforth the laws of war became the defense of covetousness.3 At the convening of the fourth Assembly, in March, 1624, the following laws were enacted:

ART. XVII. All public as well as private trade with the Indians for corn shall be prohibited after June following.

ART. XXIII. Every dwelling to be palisaded.

ART. XXIV. People to go armed.

ART. XXVIII. A watch to be kept day and night.

ART. XXXII. That at the beginning of July following every corporation should fall upon their adjoining Indians, and every one injured in this warfare to be cared for by the State.4

As a result of this policy acts of cruelty were of frequent occurrence, and ill-feeling between the English and Indians increased. In October, 1629, the General Assembly enacted laws for a more organized warfare. Commanders of plantations were to levy a force for the defense of the habitations; and arrangements were made for three expeditions, to start in November, March, and July, to clear those parts and "to doe all manner of spoile and offence to the Indians that may possibly bee effected." The Assembly of March, 1630, declared that the war against the Indians was to be prosecuted and no peace made; and in 1632 all persons were prohibited to speak to Indians, except those planters living on the Eastern Shore. Commanders were authorized to fall upon lurking Indians, or any who should molest hogs. A writer, speaking of the difficulties of the early settlers, says of the Indians:

8

6

Being accustomed to the practice of killing whatever came in their way, they ranked the planters' hogs, turkeys, and geese among their game, and freely preyed upon them. The planters as freely made use of their arms in defense of their property, and several Indians were killed during their depredations. This occasioned war, and the Indians poured their vengeance indiscriminately, as usual, on the innocent and guilty, for the loss of their friends.9

In 1633 the Assembly fixed the penalty for selling arms to Indians at a loss of all goods and chattels and imprisonment for life. It was also enacted that no cloth should be sold to Indians.10 Warfare continued, and in 1643 the Assembly decreed that no peace was to be made with the natives, who were greatly distressed by sudden raids upon their villages." The county that furnished these raiders paid the expense of the expeditions.12

13

These grievances and the despair bred of their circumstances led the Indians in 1644 to attempt to rid their country of the English by an indiscriminate killing. The colonies made a prompt resistance. The Assembly in February, 1645, authorized the association of three coun'Stith: Hist. of Virginia, pp. 215, 219, 235, 281. Vol. II, p. 241. 3 Ibid., Vol. I, p. 184. 4 Hening: 121-129. 6 Ibid., pp. 140-141. Ibid., p. 153. Hewatt: Hist. of North Carolina, Vol. I, pp. 78-79. ginia, Vol. I, p. 219.

2 Bancroft: Hist. of the U. S., Statutes of Virginia, Vol. I, pp. 7 Ibid., 167. 8Ibid., p. 176. 10 Hening: Statutes of Vir

11 Bancroft: Hist. of the U. S., Vol. I, p. 207. 12 Hening: 13 Bancroft: Hist. of the U. S., Vol. I, p. 203.

Statutes of Virginia, Vol. I, p. 2-5.

ties to carry on the war, and every fifteen tithables to furnish one soldier. Provision was also made for the building of Fort Royal, Fort Charles, and Fort James." The following year Fort Henry, at the falls of the Appomattox, was built and garrisoned, and the war against the Mansimum and neighboring Indians pushed by "cutting up their corn and doing or performing any act of hostility against them."" There being "almost an impossibility of a further revenge upon them, they being dispersed and driven from their towns and habitations, lurk ing up and down in the woods in small numbers, peace would conduce to the better being and comditie of the country," the Assembly therefore made arrangements for meeting and concluding a peace with the shattered tribes, which was accomplished in October, 1646.

The following were the conditions made: The chief acknowledged that he held his land and office from the King. His successors were to be appointed or confirmed by the governor, and a yearly tribute of twenty beaver skins was to be paid at the time of the going away of the geese. The land between the falls of the James and the York River was ceded, and the Indians were to live upon the north side of the latter stream. It was to be death for an Indian to be seen upon the ceded territory, unless he was a messenger. These were to be known by a striped coat, which was to be provided by the commander of Fort Royal to Indian messengers from the north; and by Fort Henry to those coming from the south, and was to be returned by the Indians when their errand was accomplished. Any one killing a messenger or his party was to suffer death, and the same penalty was attached to the entertainment or concealment of an Indian. Englishmen were forbidden to hunt upon Indian territory, and all English and negro prisoners and guns were to be surrendered, and Indian servants running away to be delivered up. Indian children under twelve years were to be permitted to live with the English.

The former acts authorizing depredations and war upon the Indians. were at this time repealed by the Assembly."

During the years of comparative peace which followed, the Assembly enacted the following laws (in March, 1656):

Whereas wee have bein often putt into great dangers by the invasions of our neighbouring and bordering Indians which humanely have bein only caused by these two particulars our extreame pressures on them, and theire wanting of something to hazard and loose beside their lives; Therefore this Grand Assembly on mature advice doth make these three ensuing acts, which by the blessing of God may prevent our dangers for the future and be a sensible benefit to the whole countrey for the present.

Ffirst for every eight wolves heads brought in by the Indians, The King or Great man (as they call him) shall have a cow delivered him at the charge of the publick. This will be a step to civilizing them and to makeing them Christians, besides it will certainly make the commanding Indians watch over theire own men that they do vs no injuries, knowing that by theire default they may be in danger of losing theire

315.

Hening: Statutes of Virginia, Vol. I, pp. 292–293.

Ibid., pp. 317–319. Ibid, pp. 323-326.6

2 Ibid. p. 293.
Ibid., p. 333.

3 Ibid., p.

estates, therefore be it enacted as aforesaid only with this exception, That Acomack shall pay for no more then what are killed in theire own countrey.

Secondly, If the Indians shall bring in any children as gages of theire good and quiet intentions to vs and amity with vs, then the parents of such children shall choose the persons to whom the care of such children shall be intrusted and the countrey by vs theire representatives do engage that wee will not vse them as slaves, but do theire best to bring them vp in Christianity, civility and the knowledge of necessary traders; and on the report of the Commissioner of each respective countrey that those vnder whose tuition they are, do really intend the bettering of the children in these particulars, then a salary shall be allowed to such men as shall deserve and require it.

What lands the Indians shall be possessed of by order of this or other ensuing Assemblyes, such land shall not be alienable by them the Indians to any man de futuro, for this will putt vs to a continuall necessity of allotting them new lands and pos sessions and they will be allwaies in feare of what they hold not being able to distinguish between our desires to buy or inforcement to have, in case theire grants and sales be desired; Therefore be it enacted, that for the future no such alienation or bargains and sales be valid without the assent of the Assembly. This act not to prejudice any Christian who hath land allready granted by pattent."1

The Assembly also ordered that Indians were not to be killed unless they were doing mischief, but "no Indian to be entertained without a license from the county court." "Indian children by leave of their parents may be taken as servants, but must be educated and brought up in the Christian religion." In 1658 the Assembly declared that no grants were to be issued until a certain proportion of land should be allotted to "each Indian bowman," and Indians lands included in patents be relinquished or paid for.3

2

4

Additional legislation was enacted for the security of Indians on their lands, which were made inalienable, and penalties were affixed for stealing Indians; the purchaser of one so taken was to return him within ten days. Indians were also permitted to use their own guns, and one Thomas Flood was made official interpreter. During this period of tranquility and republican prosperity explorations of the region west of the mountains of Virginia were authorized, and the fertile Shenandoah and its tributary valleys became known to the colony. The settlers spread over the country, and land was purchased for matchcoats and other articles.10

8

Trouble again began to arise from the pressure of the colonists upon Indian lands. In 1660, one John Powell having received damage, the Assembly authorized the court to sell as many Indians to foreign countries as was needful to raise the proper compensation accorded to the complainant."

In 1662 the eagerness of the colonists to possess Indian lands was restrained by the Assembly annulling all illegal contracts with the na tives and the burning of the houses of those who had encroached upon Hening: Statutes of Virginia, Vol. I, pp. 393–396. 2 Ibid., p. 410. 31 bid., p. Ibid., p. 518.

457.

521.

Ibid., pp. 467, 468.

Ibid., pp. 481-482.

7 Ibid., P.

10 Ibid., Vol. I, p. 515, and Vol. II,

8 Bancroft: Hist. of the U. S., Vol. I., pp. 224–232, and Vol. II, pp. 188–197.

9 Hening: Statutes of Virginia, Vol. 1, p. 381.

the Indians' country. Injury to the person or property of an Indian was to be punished as "the laws of England in this country doe inflict if the same had bin done to an Englishman." Settlers within 3 miles of the Indians to assist the latter to fence their corn fields in order to prevent damage from English hogs and cattle. The Indians to keep the fence in repair or suffer the consequences.

Upon application to two justices the Indians were allowed to go, unarmed and for a limited time each year, to gather oysters and wild fruits "by which they were wonted for a greate parte of the yeare to subsist."

All trade was to be under license from the governor. A commissioner was appointed to proclaim these acts, and to visit annually the Indians to see that these laws were kept. Friendly Indians were to be distinguished by a silver or copper badge to be provided by the chiefs, and any one found within English bounds without such proof was to be imprisoned or fined. No Indian servant was to be sold as a slave for a longer time than an Englishman of like age, and no Indian servant allowed without a license from the governor.1

The growth of the Virginia colony and of Maryland on the north, together with the successful planting of settlements in North and in South Carolina, created great uneasiness among the Indian tribes. In spite of laws enacted to protect them, they were more and more op pressed by the keen-witted pioneer, and tribes from the interior2 began to aid their enfeebled kindred on the coast to resist the encroachments of the whites. The colonies were growing stronger daily, and in 1663 demanded children as hostages of the Potomaks and northern tribes. These were to be civilly treated and "brought up in English literature." If there were not found persons willing to educate them, twelve hundred pounds of tobacco per annum were to be set aside for that purpose. The same act assured the Indians that they were to have equal justice with the white man, yet if any one should entice away a hostage he would be treated as an enemy. If a white man was murdered the Indians of the next town were to be held responsible.*

The Indians living in the interior had not yet felt the pressure of the colonists, and they were, therefore, still bent upon their ancient feuds and carried on their accustomed tribal warfare. The Iroquois, or Five Nations, of New York, made frequent sallies against the Indians living near the sources of the rivers that make their way through Maryland and Virginia. These Indians as early as 1662 had been warned against encroaching upon the territory of the colonists or molesting tributary Indians. Difficulties, however, increased as the settlers pushed further inland, and the latter became involved in the native wars. In 1674 and 1675 the Senecas, Susquehannahs, Piscataways of the Potomac, and the inhabitants of Maryland and northern Virginia were in arms. 'Hening: Statutes of Virginia, Vol. I, pp. 149–151. Ibid., p. 185. 3 Ibid., p.

193. ♦Ibid., p. 218.

Ibid., Vol. II, p. 153.

Murder and revenge were practiced by both races,' and little mercy shown. Six of the chiefs came to the colonies to arrange for a peace, but they were murdered on the spot.1 This outrage roused the vengeance of the Indians and a hundred English were slain to balance the death of the six chiefs. Again the confederated Indians offered peace, but their proposals were rejected by the English.

Meanwhile the colony was torn with contentions incident to the Restoration, and these troubles culminated in Bacon's Rebellion. The resistance offered by the Indians to the encroachments of settlers and to the constant pressure of wars and murders afforded Bacon and his followers their excuse for arming. Counties were organized for war against the natives,3 and a series of stringent laws was passed by the Assembly, authorizing the war.

Although most of these laws were repealed within a few years after the dispersion of Bacon's followers, they had been meanwhile enforced upon the Indians with vigor. The result was the breaking up of tribes and the clearing of the country of Indians to such an extent as to enable the governor, Sir William Berkeley, to state in 1630 that "the Indians, our neighbors, are absolutely subjected, so that there is no fear of them."5

The Bacon Assembly authorized the raising of one thousand men, and eighteen counties were called upon to furnish a given number each, to make up the quota. War was declared against the Indians, and, that the innocent might not become involved, a statement was made as to what constituted an Indian enemy.

All Indians absent from their towns without leave of the governor were enemies.

All who refused to deliver up their arms to the English; all who should refuse to deliver hostages, or to send any Indians to the Assembly who should be demanded, or who should entertain Indians not friendly to the English, or harbor strange Indians and not immediately deliver such to the English, or kill or destroy them. If, how ever, they were not strong enough, they were to be excused, provided they at once reported to an English official.

All Indians who should hold commerce with unfriendly Indians were to be accounted enemies.

The officer of the militia was to take a full list by name and number of the Indians in every town, and any Indian refusing to give his true name or account of his people was to be accounted an enemy.

All Indians taken in war were to be held and accounted slaves during life.

"Lands set apart for Indians at the last peace and deserted by them to be vested in the county and disposed of to defray the charges of the war, but not to affect legal or prior grants."7

1T. M.: Beginning, Progress, and Conclusion of Bacon's Rebellion,

3

2 Bancroft:

Hist. of the U. S., Vol. II, p. 218. Hening: Statutes of Virginia, Vol. II, p. 327.

4

Ibid., p. 336.

Ibid., 513.

Ibid., p. 341.

'Ibid., p. 351.