482
THE GREEN BAG
the custome of all Pleas and Judgments in the Kingdom of England." But those old "frenzied financiers" of 1634, in enacting the above, made two mis takes: first, it was the seventeenth instead of the nineteenth century in which they •were trying to work the game of demoneti zation, and then they had run up against something a little different from that de based and contemptible thing, "free silver." It was the household god of the Old Domin ion, tobacco, they had essayed to dethrone; and, though they had successfully worked the legislative end of the scheme, and passed the aforesaid law, tobacco refused to be demonetized, and the people took side with tobacco. So, the law was still-born — a dead letter from its very inception. "The crime of 1873" could not be perpetrated in 1634 — at least not against tobacco. It was the home-made money of the people, and at that «tage of the country's development, barter being more in vogue than the more com plicated transactions of commerce, it was better suited to the needs of the people than actual money could possibly have been. It is true that about this time an act was passed for the coinage of "pieces of ten," but it was soon repealed on account of the facility with which the coin was counter, feited, and in 1642 it was enacted that debts thereafter contracted in money should not be recoverable by law. Thus, tobacco not only resumed its wonted monetary function, but about fifty years later, it came to such high estate as to partake of the very essence and sovereignty of the commonwealth; so that a conspiracy to dig up, burn, or other wise destroy it was made high treason and punishable with death. This will appear from Act II, Assembly of 1684, as follows: "An act for the better preservation of the peace of Virginia and preventing un lawful and treasonable association." "Whereas many evil and ill-disposed per sons, inhabitants of his majesties collony dominion of Virginia, contrary to their
duty and allegiance, on or about the first day of May in the thirty fourth year of his majesties reign — Charles II — and divers other days and times did tumultuously and mutinously assemble and gather together to cut and destroy all tobacco plants, and to perpetrate the same in a traterous and rebellious manner, with force and arms en tered the plantations of many of his majes ties good subjects, of this his colony, resolv ing by open force a general and total destruction of all tobacco plants within his majesties dominion to the hazarding the subversion of the whole government and ruin and destruction of his majesties good subjects, if by God's assistance the prudent care and conduct of the then lieutenant govonor and counsell, the mutineers had not been timely prevented for which treasons and rebellions some notorious actors have been indicted, convicted and some of them executed, and suffered such pains and pun ishments as for their treasons and rebellions they greatly deserved. . . . Now to the end and purpose that none of his majesties subjects may be seduced by the specious pre tenses of any persons; that such tumultuous and mutinous assemblyes to cut and destroy tobacco plants . . . are riotts and tres passes, and to the end that his majesties subjects of this his dominion may be better secured in their estates and possessions. The burgesses of this present general as sembly pray that it may be enacted, and be it enacted by the govonor, counsell and burgesses of this assembly, that if any per son or persons to the number of eight or more, being assembled shall . . . intend goe about or put in use with force, un lawfully to cut, pull up, and destroy any tobacco plants, either in beds or in hills, growing within the said colony, or to de stroy the same either curing or cured, either before the same is in hogsheads or after wards, or to pull down, burn, or destroy the houses or other places where any such tobacco shall be; or to pull down the fences or other enclosures of any tobacco plants
