Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/61

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CH. II.]
ORIGIN AND SETTLEMENT OF VIRGINIA.
21

CHAPTER II.

ORIGIN AND SETTLEMENT OF VIRGINIA.

§ 39. Having thus traced out the origin of the title to the soil of America asserted by the European nations, we may now enter upon a consideration of the manner, in which the settlements were made, and the political constitutions, by which the various Colonies were organized and governed.

§ 40. For a long time after the discoveries of Cabot were made, England from various causes remained in a state of indifference or inactivity in respect to the territory thus subjected to her sway.[1] Nearly a century elapsed before any effectual plan for planting any colony was put into operation; and indeed the ill success, not to say entire failure, of the first expedition was well calculated to abate any undue confidence in the value of such enterprises. In 1578 Sir Humphrey Gilbert, having obtained letters patent from Queen Elizabeth,[2] granting him and his heirs any lands discovered by him, attempted a settlement on the cold and barren shores of Cape Breton and the adjacent regions, and exhausted his fortune, and lost his life in the fruitless labour.[3] The brilliant genius of Sir Walter Raleigh was captivated by the allurements of any scheme, which gave play to his romantic temper; and unmindful of the disastrous fate of his half brother, or gathering fresh courage from the consciousnes of difficulties, eagearly
  1. Robertson's America, B. 9; Doug. Summ. 110, &c.
  2. 1 Haz. Coll. 24.
  3. Marshall's Colon. 15, 16; Robertson's America, B. 9.