THE "DEFENESTRATION" AT PRAGUE

As the last great struggle between the contending sects of Europe for political as well as spiritual power the Thirty Years' War was one of the most important conflicts of the modern age. It was mainly carried on in the German states, but during its later stages all the great European powers were involved. The horrors of its battles and sieges have often been painted.Among the direct causes of the war—the great general cause being the standing antagonism between Catholics and Protestants—was a clause in the Peace of Augsburg (1555) which remained a source of friction. It provided that any ecclesiastical prince who became Protestant must surrender the lands as well as the authority of his office. In many instances this clause was disregarded by the Protestants, who from the first felt it to be unjust. Until the accession of Rudolph II (1576) as Emperor of the Holy Roman Empire, there was no imperial intolerance, and Protestantism rapidly spread. But the harsh dealings of Rudolph with the Protestants provoked resentment. In 1607 Donauworth, a free Protestant city, was seized by the Catholic Duke of Bavaria. Next year the German Protestants formed the defensive Evangelical Union. Meanwhile Rudolph's policy only reacted in favor of the Protestant nobles. In 1611 his brother Matthias supplanted him as King of Bohemia, and in 1612 Rudolph died and Matthias succeeded to the imperial throne.The outbreak of the Thirty Years' War followed upon a revolution in Bohemia, which was precipitated by Rudolph's attempt to evade the Royal Charter, extorted from him in 1609 by the estates. Its chief feature was a guarantee of freedom of conscience to Bohemians so long as they adhered to certain recognized creeds; but it also involved questions of authority over lands with respect to their use for religious purposes. The difficulties with the Royal Charter, which had led to Rudolph's downfall in Bohemia, were left to confront Matthias.

As the last great struggle between the contending sects of Europe for political as well as spiritual power the Thirty Years' War was one of the most important conflicts of the modern age. It was mainly carried on in the German states, but during its later stages all the great European powers were involved. The horrors of its battles and sieges have often been painted.

Among the direct causes of the war—the great general cause being the standing antagonism between Catholics and Protestants—was a clause in the Peace of Augsburg (1555) which remained a source of friction. It provided that any ecclesiastical prince who became Protestant must surrender the lands as well as the authority of his office. In many instances this clause was disregarded by the Protestants, who from the first felt it to be unjust. Until the accession of Rudolph II (1576) as Emperor of the Holy Roman Empire, there was no imperial intolerance, and Protestantism rapidly spread. But the harsh dealings of Rudolph with the Protestants provoked resentment. In 1607 Donauworth, a free Protestant city, was seized by the Catholic Duke of Bavaria. Next year the German Protestants formed the defensive Evangelical Union. Meanwhile Rudolph's policy only reacted in favor of the Protestant nobles. In 1611 his brother Matthias supplanted him as King of Bohemia, and in 1612 Rudolph died and Matthias succeeded to the imperial throne.

The outbreak of the Thirty Years' War followed upon a revolution in Bohemia, which was precipitated by Rudolph's attempt to evade the Royal Charter, extorted from him in 1609 by the estates. Its chief feature was a guarantee of freedom of conscience to Bohemians so long as they adhered to certain recognized creeds; but it also involved questions of authority over lands with respect to their use for religious purposes. The difficulties with the Royal Charter, which had led to Rudolph's downfall in Bohemia, were left to confront Matthias.

Whether it would have been possible in those days for a Catholic king to have kept a Protestant nation in working order we cannot say. At all events Matthias did not give the experiment a fair trial. He did not, indeed, attack the Royal Charterdirectly on the lands of the aristocracy. But he did his best to undermine it on his own. The Protestants of Braunau, on the lands of the Abbot of Braunau, and the Protestants of Klostergrab, on the lands of the Archbishop of Prague, built churches for themselves, the use of which was prohibited by the abbot and the archbishop. A dispute immediately arose as to the rights of ecclesiastical land-owners, and it was argued on the Protestant side that their lands were technically crown lands, and that they had therefore no right to close the churches. Matthias took the opposite view.

On his own estates Matthias found means to evade the charter. He appointed Catholic priests to Protestant churches, and allowed measures to be taken to compel Protestants to attend the Catholic service. Yet for a long time the Protestant nobility kept quiet. Matthias was old and infirm, and when he died they would, as they supposed, have an opportunity of choosing their next king, and it was generally believed that the election would fall upon a Protestant. The only question was whether the Elector Palatine or the Elector of Saxony would be chosen.

Suddenly in 1617 the Bohemian Diet was summoned. When the Estates of the kingdom met they were told that it was a mistake to suppose that the crown of Bohemia was elective. Evidence was produced that for some time before the election of Matthias the Estates had acknowledged the throne to be hereditary, and the precedent of Matthias was to be set aside as occurring in revolutionary times. Intimidation was used to assist the argument, and men in the confidence of the court whispered in the ears of those who refused to be convinced that it was to be hoped that they had at least two heads on their shoulders.

If ever there was a moment for resistance, if resistance was to be made at all, it was this. The arguments of the court were undoubtedly strong, but a skilful lawyer could easily have found technicalities on the other side, and the real evasion of the Royal Charter might have been urged as a reason why the court had no right to press technical arguments too closely. The danger was all the greater, as it was known that by the renunciation of all intermediate heirs the hereditary right fell upon Ferdinand of Styria, who had already stamped Protestantism out in his own dominions. Yet, in spite of this, the Diet did as it was bidden,and renounced the right of election by acknowledging Ferdinand as their hereditary king (1617).

The new King was more of a devotee and less of a statesman than Maximilian of Bavaria, his cousin on his mother's side. But their judgments of events were formed on the same lines. Neither of them was a mere ordinary bigot, keeping no faith with heretics. But they were both likely to be guided in their interpretation of the law by that which they conceived to be profitable to their church. Ferdinand was personally brave; but except when his course was very clear before him, he was apt to let difficulties settle themselves rather than come to a decision.

He had at once to consider whether he would swear to the Royal Charter. He consulted the Jesuits, and was told that, though it had been a sin to grant it, it was no sin to accept it now that it was the law of the land. As he walked in state to his coronation he turned to a nobleman who was by his side. "I am glad," he said, "that I have attained the Bohemian crown without any pangs of conscience." He took the oath without further difficulty.

The Bohemians were not long in feeling the effects of the change. Hitherto the hold of the house of Austria upon the country had been limited to the life of one old man. It had now, by the admission of the Diet itself, fixed itself forever upon Bohemia. The proceedings against the Protestants on the royal domains assumed a sharper character. The Braunau worshippers were rigorously excluded from their church. The walls of the new church at Klostergrab were actually levelled with the ground.

The Bohemians had thus to resist in 1618, under every disadvantage, the attack which they had done nothing to meet in 1617. Certain persons named "defensors" had, by law, the right of summoning an assembly of representatives of the Protestant Estates. Such an assembly met on March 5th, and, having prepared a petition to Matthias, who was absent from the kingdom, adjourned to May 21st.

Long before the time of meeting came, an answer was sent from Matthias justifying all that had been done, and declaring the assembly illegal. It was believed at the time, though incorrectly, that the answer was prepared by Slavata and Martinitz,two members of the regency who had been notorious for the vigor of their opposition to Protestantism.

In the Protestant assembly there was a knot of men, headed by Count Henry of Thurn, which was bent on the dethronement of Ferdinand. They resolved to take advantage of the popular feeling to effect the murder of the two Regents, and so to place an impassable gulf between the nation and the King.

Accordingly, on the morning of May 23d, the "beginning and cause," as a contemporary calls it, "of all the coming evil," the first day, though men as yet knew it not, of thirty years of war, Thurn sallied forth at the head of a band of noblemen and their followers, all of them with arms in their hands. Trooping into the room where the Regents were seated, they charged the obnoxious two with being the authors of the King's reply. After a bitter altercation both Martinitz and Slavata were dragged to a window which overlooked the fosse below from a dizzy height of some seventy feet. Martinitz, struggling against his enemies, pleaded hard for a confessor. "Commend thy soul to God," was the stern answer. "Shall we allow the Jesuit scoundrels to come here?" In an instant he was hurled out, crying, "Jesus, Mary!" "Let us see," said someone mockingly, "whether his Mary will help him." A moment later he added, "By God, his Mary has helped him." Slavata followed, and then the secretary Fabricius. By a wonderful preservation, in which pious Catholics discerned the protecting hand of God, all three crawled away from the spot without serious hurt.

There are moments when the character of a nation or party stands revealed as by a lightning flash, and this was one of them. It is not in such a way as this that successful revolutions are begun.

The first steps to constitute a new government were easy. Thirty directors were appointed, and the Jesuits were expelled from Bohemia. The Diet met and ordered soldiers to be levied to form an army. But to support this army money would be needed, and the existing taxes were insufficient. A loan was accordingly thought of, and the nobles resolved to request the towns to make up the sum, they themselves contributing nothing. The project falling dead upon the resistance of the towns, new taxes were voted, but no steps were taken to collectthem, and the army was left to depend in a great measure upon chance.

Would the princes of Germany come to the help of the directors? John George of Saxony told them that he deeply sympathized with them, but that rebellion was a serious matter. To one who asked him what he meant to do he replied, "Help to put out the fire."

There was more help for them at Heidelberg than at Dresden. Frederick IV had died in 1610, and his son, the young Frederick V, looked up to Christian of Anhalt as the first statesman of his age. By his marriage with Elizabeth, the daughter of James I of England, he had contracted an alliance which gave him the appearance rather than the reality of strength. He offered every encouragement to the Bohemians, but for the time held back from giving them actual assistance.

Ferdinand had crushed Protestantism in every estate he owned. In 1615 he and Matthias began, or at least permitted, measures for its repression in Bohemia. There were tumults, uprisings, and on May 23, 1618, a party of angry citizens of Prague burst into the council hall, seized Slavata and Martinitz, the two most obnoxious of the Catholic leaders, and hurled them from the window. It was an ancient form of Bohemian punishment, which had been used by Ziska and by others. The window this time was over eighty feet from the ground, yet the fall did not prove fatal. The men landed on a soft rubbish heap below, and one was unhurt; the other, though much injured, survived. Their secretary was hurled after them, and is said to have apologized to his masters, even as he landed, for his unavoidable discourtesy in alighting upon them.

This semicomic tragedy opened the Thirty Years' War. At first the struggle was confined to Bohemia and Austria. The other states, secure in the fact that four-fifths of the populace of the empire was Protestant, looked on with seeming indifference. The Bohemians drove the scattered imperial troops from their country.

Meanwhile Matthias died, and Ferdinand was elected to the imperial throne as Ferdinand II (1619-1637). The Bohemians besieged him in Vienna. The Protestant Austrian nobles turned against him, and a deputation forced its way into the presence of the helpless Emperor, and insisted on his signing for them a grant of political and religious liberty. Ferdinand resolutely refused; the deputation grew threatening. One fierce noble seized the Emperor roughly by the coat front, crying, with an offensive nickname for Ferdinand, "Sign it, Nandel!" A trumpet from the castle yard interrupted them. It signalled the arrival of a body of imperial troops, who had slipped through the lines of the besiegers, and come to the Emperor's rescue.

The Austrian nobles withdrew. Spanish and Cossack troops were called by Ferdinand into the country to crush all opposition. The Bohemians, wasted by famine and plague, retreated into their own land, and the war continued there. The people offered the Bohemian throne to Frederick, the elector of the Rhenish Palatinate, and a son-in-law of the English King, James I.

Frederick accepted, went to Bohemia in state, and tried to draw the other Protestant princes to his help. But he was a Calvinist, so the Lutherans refused to join him. His new subjects were mainly Lutherans also, and his impolitic effort to enforce his religious views upon Prague soon roused the citizens to a state of revolt against him.

The Catholic princes of the empire had long been united in a "League," with Bavaria at its head. Bavaria was, next to Austria, the most powerful state of the empire, and it had become the stronghold of the Roman faith in Germany. Now, the army of this League, under its chief, Maximilian of Bavaria, offered its services to the Emperor against the disunited and wavering Bohemians. A portion of the Bohemian army was defeated at the battle of White Mountain, just outside of Prague. Frederick, the newly elected Bohemian King, saw his troops come fleeing back to the town, and their panic seems to have seized him also. Abandoning the strong walled city, he swept such of his possessions together as he could and fled in haste from Bohemia. "The Winter King" his enemies called him in derision, because his kingship had lasted but one short winter.

The citizens, disheartened by his flight, terrified by the overwhelming forces arrayed against them, surrendered to Ferdinand. Executions, proscriptions, banishments, followed without number. Every person of the land was compelled to accept Catholicism. Many burned their homes with their own hands, and fled to other countries. Seldom has liberty been so utterly trampled under foot; seldom has a land been so completely subjugated. The Bohemians, who had been one of the most intellectual, energetic peoples of Europe, here practically disappear from history as a separate nation.

We turn now to the second period of this deplorable war. Its scene shifts to the domain of the unhappy Frederick upon the Rhine. He himself fled to Holland, but his land was considered as forfeited, and was deliberately desolated by Spanish troops in the service of the Emperor. The Bohemians had employed a well-known leader of mercenary troops, Count Mansfeld. When their cause was lost, Mansfeld, with most of his army, amused the Catholic forces by negotiations, till he saw his opportunity, when he slipped away from them, and led his army to the Rhine. There he continued the war in Frederick's name, though really for his own sake. His troops supported themselves by pillaging the country, and the wretched inhabitants of Frederick's Palatinate were treated almost as mercilessly by their pretended friends as by their open foes.

The peasants of Upper Austria also rebelled against Ferdinand's efforts to force his religion upon them. For a time it seemed they would be as successful as the Swiss mountaineers had been. Under a peasant named Fadinger they gained several impressive victories; but he was killed, and their cause collapsed into ruin. In its last stages their struggle was taken up by an unknown leader, who was called simply "the Student." But it was too late. Remarkable and romantic as was the Student's career, his exploits and victories could not save the cause, and he perished at the head of his followers.

Meanwhile, the war along the Rhine assumed more and more the savage character that made it so destructive to the land. Mansfeld, driven from the Palatinate, supported his ferocious troops almost entirely by plundering. Tilly, the chief general of the Catholic League, followed similar tactics, and, wherever theypassed, the land lay ruined behind them. Some of the lesser Protestant princes joined Mansfeld, but Tilly proved a great military leader, and his opponents were slowly crowded back into Northern Germany. The Emperor forced his religion upon the Rhine districts, as he had upon Bohemia and Austria. The Protestant world at last began to take alarm. Both England and Holland lent Mansfeld support. The King of Denmark, drawing as many of the Protestant German princes as possible to his side, joined vigorously in the contest.

This Danish struggle may be considered the third period of the war. It lasted from about 1625 to 1629, and introduces one of the two most remarkable men of the period.

Albert of Waldstein, or Wallenstein, as he is generally called, was a native of Bohemia, who joined the Catholics, and won military fame and experience fighting on the imperial side in the Bohemian war. He acquired vast wealth through marriage and the purchase of the confiscated Protestant estates. Proving a remarkably capable financial manager, he was soon the richest subject in the empire, and was created Duke of Friedland, a district of Bohemia.

All of these successes were to Wallenstein mere preliminary steps to an even more boundless ambition. He studied the political outlook, and his keen eye saw the possibility of vastly expanding Mansfeld's barbaric system of supporting his soldiers by plunder. The Emperor Ferdinand had but few troops of his own, and they were needed for quelling rebellion within his personal domains. For carrying on the war along the Rhine, he was entirely dependent upon the princes of the Catholic League and their army under Tilly.

Wallenstein now came forward and offered to supply the Emperor with a powerful imperial army which should not cost him a penny. This offer, coming from a mere private gentleman, sounded absurd; and for a time Wallenstein was put aside with contemptuous laughter. At last the Emperor told him, if he thought he could raise as many as ten thousand men, to go ahead. "If I have only ten thousand," said Wallenstein, "we must accept what people choose to give us. If I have thirty thousand, we can take what we like."

The answer makes plain his whole system. His troops supportedand paid themselves at the expense of the neighborhood where they were quartered. If it was a district which upheld the Emperor they took "contributions to the necessity of the empire." If the land opposed him, no polite words were needed to justify its pillage. Within three months Wallenstein had nearly fifty thousand men under his standard, drawn to him by the tempting offers of plunder that his agents held out. If the war had been terrible before, imagine the awful phase it now assumed, and the blighting curse that fell upon unhappy Germany!

Modern justice can find little to choose thereafter between the methods of the opposing armies. We speak, therefore, only of the martial genius which Wallenstein displayed. He completely outmanœuvred Mansfeld, defeated him, and drove him to flight and death. Then Wallenstein and Tilly proceeded to destroy the high military reputation of the Danish King. He was overcome in battle after battle, and his land so completely devastated that he prayed for peace on any terms.

Peace seemed indeed at hand. The remaining Lutheran states of Saxony and Brandenburg, which had been neutral and were as yet almost unharmed, dared not interfere. The Emperor Ferdinand might have arranged everything as he chose had he used his power with moderation. But his hopes had grown with his fortunes, and he seems to have planned the establishment of such an absolute power over Germany as had been the aim of his ancestor, Charles V. Ferdinand passed laws and gave decrees, without any pretence of calling a council or seeking the approval of the princes. His general, Wallenstein, was given one of the conquered states as his dukedom; and Wallenstein declared openly that his master had no further need of councils; the time had come for Germany to be governed as were France and Spain.

The Catholic princes, with Maximilian of Bavaria at their head, became frightened by the giant they themselves had created, and began to take measures for their own preservation. They demanded that Wallenstein be removed from his command. The Emperor, perhaps himself afraid of his too powerful general, finally consented.

There still remained, however, the serious question whetherWallenstein would accept his dismissal. His huge and ever-growing army was absolutely under his control. His influence over the troops was extraordinary. A firm believer in astrology, he asserted that the stars promised him certain success, and his followers believed him. Tall and thin, dark and solemn, silent and grim, wearing a scarlet cloak and a long, blood-red feather in his hat, he was declared by popular superstition to be in league with the devil, invulnerable and unconquerable. No evil act of his soldiery did he ever rebuke. Only two things he demanded of them—absolute obedience and unshaken daring. The man who flinched or disobeyed was executed on the instant. Otherwise the marauders might desecrate God's earth with whatsoever hideous crimes they would. His troops laughed at the idea of being Catholics or Protestants, Germans or Bohemians; they were "Wallensteiners" and nothing else.

Even Ferdinand would scarcely have dared oppose his overgrown servant had not Wallenstein failed in an attempt to capture Stralsund. This little Baltic seaport held out against the assaults of his entire army. Wallenstein vowed that he would capture it "though it were fastened by chains to heaven." But each mad attack of his wild troopers was beaten back from the walls by the desperate townsfolk; and at last, with twelve thousand of his men dead, he retreated from before the stubborn port. A superstitious load was lifted from the minds even of those who pretended to be his friends. Wallenstein was not unconquerable.

He accepted the Emperor's notice of removal with haughty disdain. He said he had already seen it in the stars that evil men had sowed dissension between him and his sovereign, but the end was not yet. He retired to his vast estates in Bohemia, and lived at Prague with a magnificence exceeding that of any court in Germany. His table was always set for a hundred guests. He had sixty pages of the noblest families to wait on him. For chamberlains and other household officials, he had men who came from similar places under the Emperor.

Meanwhile a new defender had sprung up for exhausted Protestantism. Gustavus Adolphus, King of Sweden, invaded Germany in 1630 and called on the Protestants to help him in the fight to save their faith. All Europe had grown afraid of thetremendous and increasing power of the Hapsburg Emperor. Not only was Protestant England in league with the Swedes, but Catholic France, under its shrewd minister, Richelieu, also upheld them. Still the burden of actual fighting fell upon Gustavus Adolphus, who proved himself the greatest military leader of the age, and, in the eyes of Protestant Europe, the noblest and sublimest man since Luther.

It is not our province to analyze the motives of the Swedish King, the "Lion of the North," as he is called. How much he was actuated by ambition, how much by religion, perhaps he himself might have found it hard to say. His coming marks the turning-point of the contest; his brilliant achievements constitute the fourth period of the war.

Tilly opposed him with the army of the Catholic League—Tilly, the victor of thirty desperate battles. The Emperor and his court laughed, and, thinking of the Bohemian King and the Dane, said: "Another of these snow kings has come against us. He, too, will melt in our southern sun."

The Protestant princes hesitated, fearing to join Gustavus; he was hampered on every side. Tilly in his very face stormed the great Protestant city of Magdeburg, and sacked it with such merciless brutalities as raised a cry of horrified disgust, even in that age of atrocities. "Never was such a victory," wrote Tilly to the Emperor, "since the storming of Troy or of Jerusalem. I am sorry you and the ladies of the court were not there to enjoy the spectacle." A heap of blackened ruins, hiding a few hundred famished and broken outcasts, was all that remained of a splendid and prosperous city of forty thousand souls.

Tilly's object in this bloody deed seems to have been to terrify the rest of Protestant Germany into submission. If so, he failed of his purpose. Gustavus promptly abandoned gentle measures, and by a threat of force compelled the Saxon elector to join him. He then met Tilly in a fierce battle near Leipsic and utterly defeated him. Tilly fled, and his army was almost annihilated, the fugitives who escaped the Swedes falling victims to the vengeance of the enraged Protestant peasantry. Few men who had taken part in the sack of Magdeburg lived long to boast of their achievement.

Gustavus swept victoriously through all the Rhineland. OneCatholic prince or bishop after another was defeated. The advance soon became little more than a triumphal procession, city after city opening its gates to welcome him. The Saxon army conquered Bohemia; Gustavus reached Bavaria.

There on the southern bank of the River Lech the Bavarian army under Tilly and Prince Maximilian was drawn to oppose the passage of the Protestant troops. It seemed impossible to cross the broad and deep stream in the face of such a force and such a general. Gustavus kept up a tremendous cannonade for three days. He burned great fires along the shore, that the smoke might conceal his movements. Tilly was struck down by a cannon-ball, the whole Bavarian army fell into confusion, and the Swedes rushed across the river almost unopposed. Maximilian fled with his army; and Bavaria, which as yet had escaped the horrors of the war, was in its turn plundered by an enemy.

The stars in their courses seemed indeed to fight for Wallenstein. From the moment that he was deprived of his command, the triumphant cause of the Emperor had fallen, fallen until now it lay in utter ruin. The Saxons held Bohemia; all Western Germany was in Gustavus' hands; nothing interposed between the conquerors and defenceless Austria—nothing but Wallenstein.

Messenger after messenger sped from the Emperor to his offended general, entreating him to reaccept his command. Wallenstein dallied, and postponed his consent, until he had wrung from his despairing sovereign such terms as never general secured before or since. Practically Wallenstein became as exalted in authority as the Emperor himself, and wholly independent of his former master. He was to carry on the war or to make peace entirely as he saw fit, without interference of any sort. Certain provinces of Austria were given him to hold as a guarantee of the Emperor's good faith.

The mere raising of the great general's standard drew around him another army of "Wallensteiners," with whom he marched against Gustavus. Two of the ablest military leaders in history were thus pitted against each other. There were clever marches and countermarches, partial, indecisive attacks, and at last a great culminating battle at Luetzen, in Saxony, November 6, 1632.

Gustavus won; but he perished on the field. He was always exposing himself in battle, and at Luetzen he galloped across in front of his army from one wing to another. A shot struck him—a traitor shot, say some, from his own German allies. He fell from his horse, and a band of the opposing cavalry encircled and slew him, not knowing who he was. His Swedes, who adored him, pressed furiously forward to save or avenge their leader. The Wallensteiners, after a desperate struggle, broke and fled before the resistless attack.

Wallenstein himself, his hat and cloak riddled with bullets, rushed in vain among his men, taunting them furiously with their cowardice. It was only the night and the death of Gustavus that prevented the Swedes from reaping the full fruits of their victory. The imperial troops retreated unpursued. Wallenstein held a savage court-martial, and executed all of his men whom he could prove had been among the first in flight.

From this time the war enters on its fifth stage. Wallenstein did little more fighting. He withdrew his troops into Bohemia, and it is hard to say what purposes simmered in his dark and inscrutable brain. He certainly was no longer loyal to the Emperor; probably the Emperor plotted against him. Wallenstein seems to have contemplated making himself king of an independent Bohemian kingdom. At any rate, he broke openly with his sovereign, and at a great banquet persuaded his leading officers to sign an oath that they would stand by him in whatever he did. Some of the more timid among them warned the Emperor, and with his approval formed a trap for Wallenstein. The general's chief lieutenants were suddenly set upon and slain; then the murderers rushed to Wallenstein's own apartments. Hearing them coming, he stood up dauntlessly, threw wide his arms to their blows, and died as silent and mysterious as he had lived. His slayers were richly rewarded by Ferdinand.

All Germany was weary of the war. The contending parties had fought each other to a standstill; and, had Germany alone been concerned, peace would certainly have followed. But the Swedes, abandoning Gustavus' higher policy, continued the war for what increase of territory they could get; and France helped herself to what German cities she could in Alsace and Lorraine. So the war went on, the German princes taking sides now with this one, now the other, and nobody apparently ever thinking of the poor peasantry.

The spirit of the brutal soldiery grew ever more atrocious. Their captives were tortured to death for punishment or for ransom, or, it is to be feared, for the mere amusement of the bestial captors. The open country became everywhere a wilderness. The soldiers themselves began starving in the dismal desert.

The Emperor, Ferdinand II, the cause of all this destruction, died in 1637, and was succeeded by his son, Ferdinand III (1637-1657). The war still continued, though in a feeble, listless way, with no decisive victories on either side, until the peace of Westphalia, in 1648. This peace placed Protestants and Catholics on an equal footing of toleration throughout the empire. It gave Sweden what territory she wanted in the north, and France what she asked toward the Rhine. Switzerland and Holland were acknowledged as independent lands. The importance of the smaller princes was increased, they, too, becoming practically independent, and the power of the emperors was all but destroyed. From this time the importance of the Hapsburgs rested solely on their personal possessions in Austria, Hungary, and Bohemia. The title of emperor remained little better than a name.

Indeed, Germany itself had become scarcely more than a name. During those terrible thirty years the population of the land is said to have dwindled from fifteen millions to less than five millions. In the Palatinate less than fifty thousand people remained, where there had been five hundred thousand. Whole districts everywhere lay utterly waste, wild, and uninhabited. Men killed themselves to escape starvation, or slew their brothers for a fragment of bread. A full description of the horrors of that awful time will never be written; much has been mercifully obliterated. The material progress of Germany, its students say, was retarded by two centuries' growth. To this day the land has not fully recovered from the exhaustion of that awful war.

FOOTNOTES:[32]FromThe Story of the Greatest Nations, by permission of F. R. Niglutsch.

[32]FromThe Story of the Greatest Nations, by permission of F. R. Niglutsch.

[32]FromThe Story of the Greatest Nations, by permission of F. R. Niglutsch.

As a distinctly American event the beginning of formal legislation in this country has special interest, no less for the general reader than for students of legal history. None of the early institutions of the fathers is more important than that which developed into the State legislature.At the opening of 1609 the Virginia colony, which was not then in a flourishing condition, asked and obtained from King James I a new charter. The territory was now greatly enlarged, the powers of local government increased, and Virginia soon entered upon its permanent career.In 1617 "a party of greedy and unprincipled adventurers" in England succeeded in having an agent of their own appointed deputy governor. This was Samuel Argall. Lord Delaware, the Governor, dying in 1618, Argall became virtual dictator, and under his arbitrary and self-seeking rule the people suffered. Meanwhile others, in England, were at work in the interest of the Virginia Company, under whose auspices, from the granting of the new charter, the colony had existed. Sir Edwin Sandys, in 1618, was made treasurer and actual governor of the Virginia Company. Through the efforts of Sandys and others in England, Sir George Yeardley, who had governed Virginia in 1616, was sent in 1619 to supersede Argall.This year "was remarkable in the annals of the colony. It is hardly an exaggeration to say that it witnessed the creation of Virginia as an independent community." From that year Sandys and his followers maintained their ascendency, and a high degree of energy and statesmanlike wisdom marked the administration of the colonial government. The calling of the first assembly was one of the principal acts of Yeardley's administration.

As a distinctly American event the beginning of formal legislation in this country has special interest, no less for the general reader than for students of legal history. None of the early institutions of the fathers is more important than that which developed into the State legislature.

At the opening of 1609 the Virginia colony, which was not then in a flourishing condition, asked and obtained from King James I a new charter. The territory was now greatly enlarged, the powers of local government increased, and Virginia soon entered upon its permanent career.

In 1617 "a party of greedy and unprincipled adventurers" in England succeeded in having an agent of their own appointed deputy governor. This was Samuel Argall. Lord Delaware, the Governor, dying in 1618, Argall became virtual dictator, and under his arbitrary and self-seeking rule the people suffered. Meanwhile others, in England, were at work in the interest of the Virginia Company, under whose auspices, from the granting of the new charter, the colony had existed. Sir Edwin Sandys, in 1618, was made treasurer and actual governor of the Virginia Company. Through the efforts of Sandys and others in England, Sir George Yeardley, who had governed Virginia in 1616, was sent in 1619 to supersede Argall.

This year "was remarkable in the annals of the colony. It is hardly an exaggeration to say that it witnessed the creation of Virginia as an independent community." From that year Sandys and his followers maintained their ascendency, and a high degree of energy and statesmanlike wisdom marked the administration of the colonial government. The calling of the first assembly was one of the principal acts of Yeardley's administration.

Sir Thomas Smith, treasurer or governor of the Virginia Company, was displaced in 1618, and succeeded by Sir Edwin Sandys. This enlightened statesman and exemplary man was born in Worcestershire in 1561, being the second son of the Archbishop of York. Educated at Oxford under the care of "the judicious Hooker," he obtained a prebend in the church of York. He afterward travelled in foreign countries, and published his observations in a work entitledEuropæ Speculum; or,A View of the State of Religion in the Western World. He resigned his prebend in 1602, was subsequently knighted by James, in 1603, and employed in diplomatic trusts. His appointment as treasurer gave great satisfaction to the colony; for free principles were now, under his auspices, in the ascendent. His name is spelled sometimes "Sandis," sometimes "Sands."

When Argall, in April, 1619, stole away from Virginia, he left for his deputy Captain Nathaniel Powell, who had come over with Captain Smith in 1607, and had evinced courage and discretion. He was one of the writers from whose narratives Smith compiled hisGeneral History. Powell held this office only about ten days, when Sir George Yeardley, recently knighted, arrived as Governor-General, bringing with him new charters for the colony. John Rolfe, who had been secretary, now lost his place, probably owing to his connivance at Argall's malpractices, and was succeeded by John Pory. He was educated at Cambridge, where he took the degree of master of arts in April, 1610. It is supposed that he was a member of the House of Commons. He was much of a traveller, and was at Venice in 1613, at Amsterdam in 1617, and shortly after at Paris. By the Earl of Warwick's influence he now procured the place of secretary of the colony of Virginia, having come over in April, 1619, with Sir George Yeardley, who appointed him one of his council.

In June Governor Yeardley summoned the first legislature that ever met in America. It assembled at James City or Jamestown on Friday, July 30, 1619, upward of a year before the Mayflower left England with the Pilgrims. A record of the proceedings is preserved in the London State Paper Office, in the form of a report from the speaker, John Pory.

John Pory, secretary of the colony, was chosen speaker, and John Twine, clerk. The Assembly sat in the choir of the church, the members of the council sitting on either side of the Governor, and the speaker right before him, the clerk next the speaker, and Thomas Pierse, the sergeant, standing at the bar. Before commencing business, prayer was said by Mr. Bucke, the minister.

Each burgess then, as called on, took the oath of supremacy. When the name of Captain Ward was called, the speaker objectedto him as having seated himself on land without authority. Objections were also made to the burgesses appearing to represent Captain Martin's patent, because they were, by its terms, exempted from any obligation to obey the laws of the colony. Complaint was made by Opochancano that corn had been forcibly taken from some of his people in the Chesapeake by Ensign Harrison, commanding a shallop belonging to this Captain John Martin, "master of the Ordinance."

The speaker read the commission for establishing the council of state and the General Assembly, and also the charter brought out by Sir Thomas Yeardley. This last was referred to several committees for examination, so that if they should find anything "not perfectly squaring with the state of the colony, or any law pressing or binding too hard," they might by petition seek to have it redressed, "especially because this great charter is to bind us and our heirs forever." Mr. Abraham Persey was the Cape merchant. The price at which he was to receive tobacco, "either for commodities or upon bills," was fixed at three shillings for the best and eighteen pence for the second-rate.

After inquiry the burgesses from Martin's patent were excluded, and the Assembly "humbly demanded" of the Virginia Company an explanation of that clause in his patent entitling him to enjoy his lands as amply as any lord of a manor in England, adding, "the least the Assembly can allege against this clause is that it is obscure and that it is a thing impossible for us here to know the prerogatives of all the manors in England." And they prayed that the clause in the charter guaranteeing equal liberties and immunities to grantees, might not be violated, so as to "divert out of the true course the free and public current of justice." Thus did the first Assembly of Virginia insist upon the principle of the Declaration of Rights of 1776, that "no man or set of men are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services."

Certain instructions sent out from England were "drawn into laws" for protection of the Indians from injury, and regulating intercourse with them, and educating their children, and preparing some of the most promising boys "for the college intended for them; that from thence they may be sent to that workof conversion"; for regulating agriculture, tobacco, and sassafras, then the chief merchantable commodities raised. Upon Captain Powell's petition, "a lewd and treacherous servant of his" was sentenced to stand for four days with his ears nailed to the pillory, and be whipped each day. John Rolfe complained that Captain Martin had made unjust charges against him, and cast "some aspersion upon the present government, which is the most temperate and just that ever was in this country—too mild, indeed, for many of this colony, whom unwonted liberty hath made insolent, and not to know themselves."

On the last day of the session were enacted such laws as issued "out of every man's private conceit." "It shall be free for every man to trade with the Indians, servants only excepted upon pain of whipping, unless the master will redeem it off with the payment of an angel." "No man to sell or give any of the greater hoes to the Indians, or any English dog of quality, as a mastiff, greyhound, bloodhound, land or water spaniel." "Any man selling arms or ammunition to the Indians, to be hanged so soon as the fact is proved." All ministers shall duly "read divine service, and exercise their ministerial function according to the ecclesiastical laws and orders of the Church of England, and every Sunday, in the afternoon, shall catechize such as are not ripe to come to the communion." All persons going up or down the James River were to touch at James City, "to know whether the Governor will command them any service." "All persons whatsoever, upon the Sabbath days, shall frequent divine service and sermons, both forenoon and afternoon; and all such as bear arms shall bring their pieces, swords, powder, and shot."

Captain Henry Spellman, charged by Robert Poole, interpreter, with speaking ill of the Governor "at Opochancano's court," was degraded from his rank of captain, and condemned to serve the colony for seven years as interpreter to the Governor. Paspaheigh, embracing three hundred acres of land, was also called Argallstown, and was part of the tract appropriated to the Governor. To compensate the speaker, clerk, sergeant, and provost-marshal, a pound of the best tobacco was levied from every male above sixteen years of age.

The Assembly prayed that the treasurer, council, and companywould not "take it in ill part if these laws, which we have now brought to light, do pass current, and be of force till such time as we may know their further pleasure out of England; for otherwise this people (who now at length have got their reins of former servitude into their own swindge) would, in short time, grow so insolent as they would shake off all government, and there would be no living among them." They also prayed the company to "give us power to allow or disallow of their orders of court, as his majesty hath given them power to allow or rejectourlaws." So early did it appear that, from the necessity of the case, the colony must in large part legislate for itself, and so early did a spirit of independence manifest itself.

Owing to the heat of the weather several of the burgesses fell sick and one died, and thus the Governor was obliged abruptly, on August 4th, to prorogue the Assembly till March 1st. There being as yet no counties laid off, the representatives were elected from the several towns, plantations, and hundreds, styled boroughs, and hence they were called burgesses.

It was not till one hundred twenty years after the beginning of negro slavery in Spanish America that it was introduced in any part of the present United States. From its first introduction in Virginia (1619) the system grew and spread until it became one of the most prominent features of American society. The comprehensive view of its growth and decline presented by Mr. Ludlow, a well-known English writer, has therefore a special value here. From him and from the Virginia historian Mr. Campbell we get two widely diverging views upon the subject.Along with the adoption and increase of slavery in Virginia went rapid progress in the cultivation there of tobacco, which had begun in 1612. Tobacco proved to be a staple of the first importance. It was destined to exert a controlling influence on the growth and prosperity of the colony. It was not long before this industry, by reason of the great profits which it returned, overshadowed every other.

It was not till one hundred twenty years after the beginning of negro slavery in Spanish America that it was introduced in any part of the present United States. From its first introduction in Virginia (1619) the system grew and spread until it became one of the most prominent features of American society. The comprehensive view of its growth and decline presented by Mr. Ludlow, a well-known English writer, has therefore a special value here. From him and from the Virginia historian Mr. Campbell we get two widely diverging views upon the subject.

Along with the adoption and increase of slavery in Virginia went rapid progress in the cultivation there of tobacco, which had begun in 1612. Tobacco proved to be a staple of the first importance. It was destined to exert a controlling influence on the growth and prosperity of the colony. It was not long before this industry, by reason of the great profits which it returned, overshadowed every other.

In the month of August, 1619, a Dutch man-of-war visited Jamestown and sold the settlers twenty negroes, the first introduced into Virginia. Some time before this, Captain Argall, the deputy governor of Virginia, sent out on a "filibustering" cruise to the West Indies a ship called the Treasurer, manned "with the ablest men in the colony." She returned to Virginia, after some ten months, with her booty, which consisted of captured negroes, who were not left in Virginia, because Captain Argall had gone back to England, but were put on the Earl of Warwick's plantation in the Somer Islands.

It is probable that the planters who first purchased negroesreasoned but little on the morality of the act, or, if any scruples of conscience presented themselves, they could be readily silenced by reflecting that the negroes were heathens, descendants of Ham, and consigned by divine appointment to perpetual bondage. The planters may, if they reasoned at all on the subject, have supposed that they were even performing a humane act in releasing these Africans from the noisome hold of the ship. They might well believe that the condition of the negro slave would be less degraded and wretched in Virginia than it had been in his native country. This first purchase was not probably looked upon as a matter of much consequence, and for several years the increase of the blacks in Virginia was so inconsiderable as not to attract any special attention. The condition of the white servants of the colony, many of them convicts, was so abject that men accustomed to see their own race in bondage could look with more indifference at the worse condition of the slaves.

The negroes purchased by the slavers on the coast of Africa were brought from the interior, convicts sold into slavery, children sold by heathen parents destitute of natural affection, kidnapped villagers, and captives taken in war, the greater part of them born in hereditary bondage. The circumstances under which they were consigned to the slave-ship evince the wretchedness of their condition in their native country, where they were the victims of idolatry, barbarism, and war. The negroes imported were usually between the ages of fourteen and thirty, two-thirds of them being males. The new negro, just transferred from the wilds of a distant continent, was indolent, ignorant of the modes and implements of labor, and of the language of his master and, perhaps, of his fellow-laborers. To tame and domesticate, to instruct in the modes of industry, and to reduce to subordination and usefulness a barbarian, gross, obtuse, perverse, must have demanded persevering efforts and severe discipline.

While the cruel slave trade was prompted by a remorseless cupidity, an inscrutable Providence turned the wickedness of men into the means of bringing about beneficent results. The system of slavery doubtless entailed many evils on slave and slaveholder, and, perhaps, the greater on the latter. Theseevils are the tax paid for the elevation of the negro from his aboriginal condition.

Among the vessels that came over to Virginia from England about this time is mentioned a bark of five tons. A fleet sent out by the Virginia Company brought over, in 1619, more than twelve hundred settlers. The planters at length enjoyed the blessings of property in the soil and the society of women. The wives were sold to the colonists for one hundred twenty pounds of tobacco, and it was ordered that this debt should have precedence of all others. The price of a wife afterward became higher. The bishops in England, by the King's orders, collected nearly fifteen hundred pounds to build a college or university at Henrico, intended in part for the education of Indian children.

In July, 1620, the population of the colony was estimated at four thousand. One hundred "disorderly persons" or convicts sent over during the previous year by the King's order were employed as servants. For a brief interval the Virginia Company had enjoyed freedom of trade with the Low Countries, where they sold their tobacco; but in October, 1621, this was prohibited by an order in council; and from this time England claimed a monopoly of the trade of her plantations, and this principle was gradually adopted by all the European powers as they acquired transatlantic settlements.

Many new settlements were now made on the James and York rivers; and the planters, being supplied with wives and servants, began to be more content, and to take more pleasure in cultivating their lands. The brief interval of free trade with Holland had enlarged the demand for tobacco, and it was cultivated more extensively.

Sir George Yeardley's term of office having expired, the Company's council, upon the recommendation of the Earl of Southampton, appointed Sir Francis Wyat governor, a young gentleman of Ireland, whose education, family, fortune, and integrity well qualified him for the place. He arrived in October, 1621, with a fleet of nine sail, and brought over a new frame of government constituted by the company, and dated July 24, 1621, establishing a council of state and a general assembly.

Wyat brought with him also a body of instructions intendedfor the permanent guidance of the governor and council. Among other things he was to cultivate corn, wine, and silk; to search for minerals, dyes, gums, and medical drugs, and to draw off the people from the excessive planting of tobacco; to take a census of the colony; to put apprentices to trades and not let them forsake them for planting tobacco or any such useless commodity; to build water-mills, to make salt, pitch, tar, soap and ashes; to make oil of walnuts, and employ apothecaries in distilling lees of beer; to make small quantity of tobacco, and that very good.

In 1615 twelve different commodities had been shipped from Virginia; sassafras and tobacco were now the only exports. During the year 1619 the company in England imported twenty thousand pounds of tobacco, the entire crop of the preceding year. James I endeavored to draw a "prerogative" revenue from what he termed a pernicious weed, and against which he had published hisCounterblast; but he was restrained from this illegal measure by a resolution of the House of Commons. In 1607 he sent a letter forbidding the use of tobacco at St. Mary's College, Cambridge.

Smoking was the first mode of using tobacco in England, and when Sir Walter Raleigh first introduced the custom among people of fashion, in order to escape observation he smoked privately in his house (at Islington); the remains of which were till of late years to be seen, as an inn, long known as the Pied Bull. This was the first house in England in which tobacco was smoked, and Raleigh had his arms emblazoned there, with a tobacco-plant on the top. There existed also another tradition in the parish of St. Matthew, Friday Street, London, that Raleigh was accustomed to sit smoking at his door in company with Sir Hugh Middleton. Sir Walter's guests were entertained with pipes, a mug of ale, and a nutmeg, and on these occasions he made use of his tobacco-box, which was of cylindrical form, seven inches in diameter and thirteen inches long; the outside of gilt leather, and within a receiver of glass or metal, which held about a pound of tobacco. A kind of collar connected the receiver with the case, and on every side the box was pierced with holes for the pipes. This relic was preserved in the museum of Ralph Thoresby, of Leeds, in 1719, and about 1843 was added, by thelate Duke of Sussex, to his collection of the smoking-utensils of all nations.

Although Raleigh first introduced the custom of smoking tobacco in England, yet its use appears to have been not entirely unknown before, for one Kemble, condemned for heresy in the time of Queen Mary the Bloody, while walking to the stake smoked a pipe of tobacco. Hence the last pipe that one smoked was called the Kemble pipe.

The writer of a pamphlet, supposed to have been Milton's father, describes many of the playbooks and pamphlets of that day, 1609, as "conceived over night by idle brains, impregnated with tobacco smoke and mulled sack, and brought forth by the help of midwifery of a candle next morning." At the theatres in Shakespeare's time the spectators were allowed to sit on the stage, and to be attended by pages, who furnished them with pipes and tobacco.

About the time of the settlement of Jamestown, in 1607, the characteristics of a man of fashion were, to wear velvet breeches, with panes or slashes of silk, an enormous starched ruff, a gilt-handled sword, and a Spanish dagger: to play at cards or dice in the room of the groom-porter, and to smoke tobacco in the tilt-yard, or at the playhouse.

The peers engaged in the trial of the Earls of Essex and Southampton smoked much while they deliberated on their verdict. It was alleged against Raleigh that he smoked tobacco on the occasion of the execution of the Earl of Essex, in contempt of him; and it was perhaps in allusion to this circumstance that when Raleigh was passing through London to Winchester, to stand his trial, he was followed by the execrations of the populace, and pelted with tobacco-pipes, stones, and mud. On the scaffold, however, he protested that during the execution of Essex he had retired far off into the armory, where Essex could not see him, although he saw Essex, and shed tears for him. Raleigh used tobacco on the morning of his own execution.

As early as the year 1610 tobacco was in general use in England. The manner of using it was partly to inhale the smoke and blow it out through the nostrils, and this was called "drinking tobacco," and this practice continued until the latter part of the reign of James I. In 1614 the number of tobacco-houses inor near London was estimated at seven thousand. In 1620 was chartered the Society of Tobacco-pipe Makers of London; they bore on their shield a tobacco-plant in full blossom.

TheCounterblast to Tobacco, by King James I, if in some parts absurd and puerile, yet is not without a good deal of just reasoning and good sense; some fair hits are made in it, and those who have ridiculed that production might find it not easy to controvert some of its views. King James, in hisCounterblast, does not omit the opportunity of expressing his hatred toward Sir Walter Raleigh. He continued his opposition to tobacco as long as he lived, and in his ordinary conversation oftentimes argued and inveighed against it.

The Virginia tobacco in early times was imported into England in the leaf, in bundles; the Spanish or West Indian tobacco in balls. Molasses or other liquid preparation was used in preparing those balls. Tobacco was then, as now, adulterated in various ways. The nice retailer kept it in what were called lily-pots; that is, white jars. It was cut on a maple block; juniper-wood, which retains fire well, was used for lighting pipes, and among the rich, silver tongs were employed for taking up a coal of it. Tobacco was sometimes called "the American Silver-Weed."

The Turkish vizier thrust pipes through the noses of smokers; and the Shah of Persia cropped the ears and slit the noses of those who made use of the fascinating leaf. TheCounterblastsays of it: "And for the vanity committed in this filthy custom, is it not both great vanity and uncleanness, that at the table—a place of respect of cleanliness, of modesty—men should not be ashamed to sit tossing of tobacco-pipes and puffing of smoke, one at another, making the filthy smoke and stink thereof to exhale athwart the dishes, and infect the air, when very often men who abhor it are at their repast? Surely smoke becomes a kitchen far better than a dining-chamber; and yet it makes the kitchen oftentimes in the inward parts of man, soiling and infecting them with an unctuous and oily kind of soot, as hath been found in some great tobacco-takers that after their deaths were opened."

TheCounterblast to Tobaccowas first printed in quarto, without name or date, at London, 1616. In the frontpiece were engravedthe tobacco-pipes, cross-bones, death's-head, etc. It is not improbable that it was directly intended to foment the popular prejudice against Sir Walter Raleigh, who was put to death in the same year (1616). James alludes to the introduction of the use of tobacco and to Raleigh as follows: "It is not so long since the first entry of this abuse among us here, as that this present age cannot very well remember both the first author and the form of the first introduction of it among us. It was neither brought in by king, great conqueror, nor learned doctor of physic. With the report of a great discovery for a conquest, some two or three savage men were brought in together with this savage custom; but the pity is, the poor wild barbarous men died, but that vile barbarous custom is still alive, yea, in fresh vigor, so as it seems a miracle to me how a custom springing from so vile a ground, and brought in by a father so generally hated, should be welcomed upon so slender a warrant."

The King thus reasons against the Virginia staple: "Secondly, it is, as you use or rather abuse it, a branch of the sin of drunkenness, which is the root of all sins, for as the only delight that drunkards love any weak or sweet drink, so are not those (I mean the strong heat and fume) the only qualities that make tobacco so delectable to all the lovers of it? And as no man loves strong heavy drinks the first day (becausenemo repente fuit turpissimus), but by custom is piece and piece allured, while in the end a drunkard will have as great a thirst to be drunk as a sober man to quench his thirst with a draught when he hath need of it; so is not this the true case of all the great takers of tobacco, which therefore they themselves do attribute to a bewitching quality in it? Thirdly, is it not the greatest sin that all of you, the people of all sorts of this kingdom, who are created and ordained by God to bestow both your persons and goods for the maintenance both of the honor and safety of your King and commonwealth, should disable yourself to this shameful imbecility, that you are not able to ride or walk the journey of a Jew's Sabbath, but you must have a reeky coal brought you from the next poorhouse to kindle your tobacco with? whereas he cannot be thought able for any service in the wars that cannot endure ofttimes the want of meat, drink, and sleep; much more then must he endure the want of tobacco."

A curious tractate on tobacco, by Dr. Tobias Venner, was published at London in 1621. The author was a graduate of Oxford, and a physician at Bath, and is mentioned in theOxoniæ Athenienses.

The amount of tobacco imported in 1619 into England from Virginia, being the entire crop of the preceding year, was, as before said, twenty thousand pounds. At the end of seventy years there were annually imported into England more than fifteen million of pounds of it, from which a revenue of upward of one hundred thousand pounds was derived.

In April, 1621, the House of Commons debated whether it was expedient to prohibit the importation of tobacco entirely; and they determined to exclude all save from Virginia and the Somer Isles. It was estimated that the consumption of England amounted to one thousand poundsper diem. This seductive narcotic leaf, which soothes the mind and quiets its perturbations, has found its way into all parts of the habitable globe, from the sunny tropics to the snowy regions of the frozen pole. Its fragrant smoke ascends alike to the blackened rafters of the lowly hut and the gilded ceilings of luxurious wealth.

The first negro slaves were brought by Dutchmen for sale into Virginia in 1619. The New England public was at first opposed to the practice of negro slavery, and there is even a record of a slave, who had been sold by a member of the Boston Church, being ordered to be sent back to Africa (1645). Yet negro slaves were to be found in New England as early as 1638. Massachusetts and Connecticut recognized the lawfulness of slavery; Massachusetts, however, only when voluntary or in the case of captives taken in war. Rhode Island, more generous, made illegal the perpetual service of "black mankind," requiring them to be set free after two years, the period of white men's indentures—a condition which, however, would only tend to the working slaves to death in the allotted time. But although there was no importation of negroes on any considerable scale into New England, the ships by which the slave trade was mainly carried on were those from Massachusetts and Rhode Island, which carried rum to Africa, and brought back slaves to the West Indiesand the southern colonies. In Maryland slavery had been established at once; in South Carolina it came into birth with the colony itself. The attempt to exclude it from Georgia failed.

The guilt of the institution cannot, however, be fairly charged on the colonists. Queen Elizabeth had been a partner in the second voyage of Sir John Hawkins, the first English slave-captain. James I chartered a slave-trading company (1618); Charles I a second (1631); Charles II a third (1663), of which the Duke of York was president, and again a fourth, in which he himself, as well as the Duke, was a subscriber. Nor did the expulsion of the Stuarts cause any change of feeling in this respect. England's sharpest stroke of business at the Peace of Utrecht (1713) was the obtaining for herself the shameful monopoly of the "Asiento"—the slave trade with the Spanish West Indies—undertaking "to bring into the West Indies of America belonging to his Catholic majesty, in the space of thirty years, one hundred forty-four thousand negroes," at the rate of forty-eight hundred a year, at a fixed rate of duty, with the right to import any further number at a lower rate. As nearly the whole shores of the Gulf of Mexico were still Spanish, England thus contributed to build up slavery in most of the future Southern States of the Union. Whether for foreign or for English colonies, it is reckoned that, from 1700 to 1750, English ships carried away from Africa probably a million and a half of negroes, of whom one-eighth never lived to see the opposite shore.

In the same spirit England dealt with her colonies. When Virginia imposed a tax on the import of negroes, the law had to give way before the interest of the African Company. The same course was followed many years later toward South Carolina, when an act of the provincial Assembly laying a heavy duty on imported slaves was vetoed by the crown (1761). Indeed, the title to a political tract published in 1745,The African Slave Trade, the Great Pillar and Support of the British Plantation Trade in America, appears fairly to express the prevalent feeling of the mother-country on the subject before the War of Independence. The most remarkable relaxation of the navigation laws in the eighteenth century was the throwing open the slave trade by the act "for extending and improving the trade to Africa," which, after reciting that "the trade to and from Africais very advantageous to Great Britain, and necessary for the supplying the plantations and colonies thereunto belonging with a sufficient number of negroes at reasonable rates," enacted that it should be lawful "for all his majesty's subjects to trade and traffick to and from any port or place in Africa, between the port of Sallee in South Barbary and the Cape of Good Hope." By 1763 there were about three hundred thousand negroes in the North American colonies.

It seemed at first as if the black man would gain by the Revolution. The mulatto Attucks was one of the victims of the Boston Massacre, and was buried with honor among the "martyrs of liberty." At the first call to arms the negroes freely enlisted; but a meeting of the general officers decided against their enlistment in the new army of 1775. The free negroes were greatly dissatisfied. Lest they should transfer their services to the British, Washington gave leave to enlist them, and it is certain that they served throughout the war, shoulder to shoulder with white men. At the battle of Monmouth there were more than seven hundred black men in the field. Rhode Island formed a battalion of negroes, giving liberty to every slave enlisting, with compensation to his owner; and the battalion did good service. But Washington always considered the policy of arming slaves "a moot point," unless the enemy set the example; and though Congress recommended Georgia and South Carolina to raise three thousand negroes for the war, giving full "compensation to the proprietors of such negroes," South Carolina refused to do so, and Georgia had been already overrun by the British when the advice was brought.

Notwithstanding the early adoption of a resolution against the importation of slaves into any of the thirteen colonies (April 6, 1776), Jefferson's fervid paragraph condemning the slave trade, and by implication slavery, was struck out of the Declaration of Independence in deference to South Carolina and Georgia, and a member from South Carolina declared that "if property in slaves should be questioned there must be an end to confederation." The resolution of Congress itself against the slave trade bound no single State, although a law to this effect was adopted by Virginia in 1778, and subsequently by all the other States; but this was so entirely a matter of State concernmentthat neither was any prohibition of the trade contained in the Articles of Confederation, nor was any suffered to be inserted in the treaty of peace.

The feeling against slavery itself was strong in the North. Vermont, in forming a constitution for herself in 1777, allowed no slavery, and was punished for doing so when she applied for admission as a State with the consent of New York, from which she had seceded in 1781: the Southern States refusing to admit her for the present, lest the balance of power should be destroyed. Massachusetts and Pennsylvania, directly or indirectly, abolished slavery in 1780, New Hampshire in 1783. They were followed the next year by Connecticut and Rhode Island, so that by 1784 slavery would be practically at an end in New England and Pennsylvania. Other States—Virginia, Delaware, New Jersey—went no further than to pass laws for allowing voluntary emancipation. In strange contrast to these, Virginia is found in 1780 offering a negro by way of bounty to any white man enlisting for the war. The great Virginians of the day, however—Jefferson, Patrick Henry, George Mason—were opposed to slavery, and large numbers of slaves were emancipated in the State.

So much and no more did the black man get from the Americans. It seemed at first, when Lord Dunmore issued his proclamation offering freedom to all slaves who should join the British standard, as if they were to get much more from England. Accordingly, Governor Rutledge of South Carolina declared in 1780 that the negroes offered up their prayers in favor of England. But although Lord Dunmore persisted in recommending the arming and emancipation of the blacks, neither the ministry at home nor the British officers would enter into the plan. Lord George Germain authorized the confiscation and sale of slaves, even of those who voluntarily followed the troops. Indians were encouraged to catch them and bring them in; they were distributed as prizes and shipped to the West Indies, two thousand at one time, being valued at two hundred fifty silver dollars each. The English name became a terror to the black man, and when Greene took the command they flocked in numbers to his standard. The terms of the peace forbade the British troops to carry away "negroes or other property." Whichever side he might fight for, the poor black man earned no gratitude.

Yet in little more than three-quarters of a century the political complications arising out of the wrongs inflicted on him were to involve the States that had just won their independence in a civil war in comparison with which the struggle to throw off the yoke of the mother-country would appear almost as child's play.


Back to IndexNext