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"Then came, Oscar, the time of the guns.
And there was no land for a man, no land for a country,
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The colonists' changing relationship with the Indian natives is reflected in the progression of their laws. In 1645, the House of Burgesses passed an Act establishing Fort Henry and instructing the inhabitants of the Norff counties and the Isle of Wright to "undertake the warr against the Nansimum Indians, or any other neighbouring Indians, by cutting up their corne and doing or performing any act or acts of hostility against them."[Vol. 1, 315 at XIII] Another act passed during the same legislative session "prohibit[ed] any terms of peace to be entertained with the Indians."[Vol. 1, 333, XVII] By 1656, however, hostilities with the Indians had cooled. The legislature's first act of that year dramatically decreased the anti-Indian regime, repealing the law which allowed for the killing of trespassing Indians and declaring that an Indian may only be lawfully killed when committing an act that would be a felony for an Englishman (who would also face death for such a crime). It also allowed unarmed Indians to gather fruits and berries within the colony grounds, and declared that all free men could trade non-restricted items (that is, not guns) with the Indians. [Vol. 1, 415 (add this to pdf!)] | |
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< | In this climate of improving relations between the Indians and the settlers, the General Assembly even acknowledged that there existed certain threats more hazardous than an Indian with a gun. In 1657, recognizing that "of late yeares the wolves have multiplied and increased exceedingly to the greate losse and decrease of cattell and hoggs," the Assembly empowered the county commissioners to take initiative to destroy the wolves "in what way they shall best agree, by imploying Indians or otherwise, Provided they arme not the Indians with English armes and gunns contrary to act of Assembly." [Vol. 1, 457] Notably, an act passed during the same legislative session reiterated the ban on selling, bartering or lending arms to Indians, and even increased the penalties for doing so. [* 1657, Act XVII, Vol. 1, 441] Thus, the county commissioners were permitted to hire armed Indians to hunt the menacing wolves, but only if those Indians had somehow acquired their guns in a way that did not violate this ban. The explanation for this seemingly contradictory set of laws can be found in the statutes from the following year. In 1658 the legislature enacted a law allowing free trade with the Indians. The preamble to that law explained that | >
> | In this climate of improving relations between the Indians and the settlers, the General Assembly even acknowledged that there existed certain threats more hazardous than an Indian with a gun. In 1657, recognizing that "of late yeares the wolves have multiplied and increased exceedingly to the greate losse and decrease of cattell and hoggs," the Assembly empowered the county commissioners to take initiative to destroy the wolves "in what way they shall best agree, by imploying Indians or otherwise, Provided they arme not the Indians with English armes and gunns contrary to act of Assembly." [Vol. 1, 457] Notably, an act passed during the same legislative session reiterated the ban on selling, bartering or lending arms to Indians, and even increased the penalties for doing so. [* 1657, Act XVII, Vol. 1, 441] Thus, the county commissioners were permitted to hire armed Indians to hunt the menacing wolves, but only if those Indians had somehow acquired their guns in a way that did not violate this ban. The explanation for this seemingly contradictory set of laws can be found in the statutes from the following year. In 1658 the legislature enacted a law allowing free trade with the Indians, noting in the preamble that, despite legislation in place prohibiting trade of arms with Indians, "neighbouringe plantations both of English and fforrainers do plentifully furnish the Indians with gunns, powder & shott." The act went on to explain that those dealing arms with the Indians "do thereby drawe from us the trade of beaver to our greate losse and their profitt, and besides the Indians [are] being furnished with as much of both gunns and ammunition as they are able to purchase." [Vol. 1, 525, xxiv] It was therefore enacted: "That every man may freely trade for gunns, powder and shott: It derogateing nothing from our safety and adding much to our advantage." [Vol. 1, 525, xxiv] | | |
- 1658, Act IV - "Whereas there is an act in force prohibiting the lending of gunns or ammunition to the Indians, by vertue of which many quarrells have arisen between English and Indians caringe their owne gunns, which might, vnless prevented, prove a disturbance of the peace now made between the two nations, It is enacted and ordained that it shall be lawfull for the Indians to make vse of their owne gunns and amunition without the lett or molestation of any person or persons whatsoever within theire owne limitts." [Vol. 1, 581]
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- 1658, Act XXIV - Free Trade with the Indians: "Whereas it is manifest that the neighbouringe plantations both of English and fforrainers d o plentifully furnish the Indians with gunns, powder & shott, and do thereby drawe from vs the trade of beaver to our greate losse and their profitt, and besides the Indians being furnished with as much of both gunns and ammunition as they are able to purchase, It is enacted, That every man may freely trade for gunns, powder and shott: It derogateing nothing from our safety and adding much to our advantage." [Vol. 1, 525]
- 1665, Act III - Once again prohibits the trade of arms with the Indians: "Whereas there was formerly a law in force prohibiting the armes, ammunition, or guns to the Indians, which upon consideration of the said Indians being furnished by the Dutch was omitted; It being then thought impolitick to debarre ourselves from soe greate an advantage as might accrue to us by the Indian trade, when we could not prevent their supply; yet since those envious neighbours are now by his majesties justice and providence (b) removed from us, and the trade now likely to be in our hands, and none to furnish them besides ourselves, who in these times of eminent danger have scarce ability to furnish our owne people, (c) It is therefore enacted by this grand assembly and the authority thereof that the sale of armes, gunpowder, and shott be wholly prohibited; and that whoever contrary to the intent of this act shall by himselfe or any other sell or barter powder, shott, gun or ammunition to any Indian, shalbe fined ten thousand pounds of tobacco or suffer two yeares imprisonment without bayle or mainprize for the first offence, and for the second to be proceeded against as ffellons." [Vol.2, 215]
- 1675, Act I - Assembly declares war against the Indians. [Vol.2, 326-327*]
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