had long been an object of suspicion, was tried for mutiny, found guilty and executed.[23]

In December, 1607, when the colony was suffering severely for the want of food, Captain Smith led an expedition into the territory of the Chickahominies in quest of corn.[24] During his absence the President, despite the protests of Martin, admitted Captain Gabriel Archer to the Council.[25] Archer, who seems to have been a bitter enemy of Smith, had no sooner attained this place of power, than he set to work to ruin the adventurous captain. "Being settled in his authority", he "sought to call Master Smythes lief in question, and ... indicted him upon a Chapter in Leviticus for the death" of two men under his charge, that had been murdered by the Indians. He was to have had his trial upon the very day of his return from his thrilling adventures with the savages. His conviction and immediate execution would doubtless have resulted, had not the proceedings against him been interrupted by the arrival of the First Supply from England.[26] Captain Newport, whose influence seems always to have been exerted in favor of moderation and harmony, persuaded the Council to drop the charges against Smith, to release him from restraint, and to restore him to his seat in the Council.

Of extraordinary interest is the assertion of Wingfield that the arrival of the fleet "prevented a Parliament, which ye newe Counsailour (Archer) intended thear to summon".[27] It is not surprising that the settlers, disgusted as they were with the violence and harshness of their rulers, should have wished to share in the government. But we cannot but wonder at their boldness in attempting to set aside the constitution given them by the King and the Company. Had they succeeded in establishing direct government by the people, it could not be supposed that James would have permitted it to continue. But the attempt is very significant, as indicating that they were desirous, even at this early date, of having a voice in the management of affairs.

Archer and the unfortunate Wingfield sailed with the fleet when Captain Newport returned to England, and a few months later Martin followed them.[28] Since, with the First Supply had come a new Councillor, Matthew Scrivener, the governing body once more numbered three.

During the summer of 1608 Smith was frequently away, chasing the phantom of the passage to the South Sea, but this did not prevent the usual quarrels. If we may believe the account in Smith's history, Ratcliffe was deposed from the Presidency because of "pride and unreasonable needlesse cruelty" and for wasting the public stores.[29] It is probable that for some weeks Scrivener conducted the government, while Ratcliffe was kept a prisoner.[30] In September, Captain Smith, returning from a voyage in the Chesapeake Bay, "received the letters patents, and took upon him the place of president".[31]

Smith was now supreme in the government, for the Council was reduced to two, and his casting vote made his will superior to that of Scrivener. But he was not long to enjoy this power. In October, 1608, Captain Newport, arriving with the Second Supply, brought with him two "antient souldiers and valient gentlemen"—Richard Waldo and Peter Wynne—both bearing commissions as Councillors.[32] Soon afterward Ratcliffe was restored to his seat. The Council, thus recruited, resumed its control over the colony, "so that although Smith was President yet the Council had the authority, and ruled it as they listed".[33]

Two months later, when Newport sailed again, Ratcliffe returned to England. Smith wrote the English Council, "Captaine Ratcliffe is ... a poore counterfeited Imposture. I have sent you him home, least the company should cut his throat."[34] The next spring Waldo and Scrivener, with nine others, were caught in a small boat upon the James by a violent gale, and were drowned.[35] As Captain Wynne soon succumbed to the sickness, Smith became the sole surviving Councillor.[36] During the summer of 1609 the colony was governed, not, as the King and Company had designed, by a Council, but by the will of this one man.

In the meanwhile the London Company was becoming aware that a mistake had been made in entrusting the government of the colony to a body of Councillors. The reports of Wingfield, Archer, Newport and Ratcliffe made it evident that the lack of harmony in the Council had been a serious hindrance to the success of the enterprise.[37] Feeling, therefore, that this "error in the equality of the governors ... had a little shaken so tender a body", the managers held an especial meeting to effect a change.[38] A new charter was drawn up by Sir Edwin Sandys, approved by the Company and assented to by the King.

In this document James relinquished into the hands of the Company not only the direct management of the colony, but the power of drawing up a new and more satisfactory