Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/67

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CH. II.]
ORIGIN AND SETTLEMENT OF VIRGINIA.
27

by the successful inroads of the Indians, created much discontent and disappointment among the proprietors at home. The king found it no difficult matter to satisfy the nation, that an inquiry into their conduct was necessary. It was accordingly ordered; and the result of that inquiry, by commissioners appointed by himself, was a demand on the part of the crown of a surrender of the charters.[1] The demand was resisted by the company; a quo warranto was instituted against them, and it terminated, as in that age it might well be supposed it would, in a judgment, pronounced in 1624 by judges holding their offices during his pleasure, that the franchises were forfeited and the corporation should be dissolved.[2]

§ 47. It does not appear that these proceedings, although they have met with severe rebuke in later times, attracted any indignation or sympathy for the sufferers on this occasion. The royal prerogative was then viewed without jealousy, if not with favour; and the rights of Englishmen were ill defined and ill protected under a reign remarkable for no great or noble objects. Dr. Robertson has observed, that the company, like all unprosperous societies, fell unpitied;[3] and the nation were content to forget the prostration of private rights, under the false encouragements held out of aid to the colony from the benignant efforts and future counsels of the crown.

§ 48. With the fall of the charter the colony came under the immediate government and control of the crown itself; and the king issued a special commission
  1. In 1623. Set 1 Haz. Coll. 155.
  2. Robertson's America, B. 9; 1 Haz. Coll. 183; Marsh. Colon. ch. 2, p. 60, 62; Chalmers's Annals.
  3. Robertson's America, B. 9.