Part 9

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 the tremendous 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. One Catholic 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] From _The Story of the Greatest Nations_, by permission of F. R. Niglutsch.

FIRST AMERICAN LEGISLATURE

A.D. 1619

CHARLES CAMPBELL

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 entitled _Europæ 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 his _General 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 objected to 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 work of 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 company would 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 reject _our_ laws." 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.

INTRODUCTION OF NEGROES INTO VIRGINIA

SPREAD OF SLAVERY AND THE CULTIVATION OF TOBACCO

A.D. 1619

CHARLES CAMPBELL JOHN M. LUDLOW

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.

CHARLES CAMPBELL

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 negroes reasoned 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.