4. Cromwell acted magnanimously towards Virginia. The terms of the article in the Treaty of Surrender by which Virginia stipulated for a trade free as that of England, were faithfully observed till the Restoration. The Protector's Navigation Act was not enforced in Virginia. Cromwell being thus lenient, Virginia must have been satisfied. 5. Virginia elected her own governors. Bennett, Digges, and Matthews, were commonwealth's men. Therefore Virginia was republican. 6. Virginia was infected with republicanism. She wished to set up for herself. Thus intent, she demands of Berkeley a distinct acknowledgement of her assembly's supremacy. His reply was "I am but the servant of the assembly." Berkeley, therefore, was republican, and his tumultuous election proves nothing but the republicanism of Virginia. These arguments are answered in order, thus: 1. The fact of the "tumultuous assemblage," &c. might have existed without such fact appearing in the records spoken of. For these records are manifestly incomplete. Some whole documents are lost, and parts of many. Granting that Berkeley was _elected_ precisely in the usual way, it does not disprove that a multitude urged him to resume his old office. The election is all of which these records would speak. But _the call to office_ might have been a popular movement--the election quite as usual. This latter was left to go on in the old mode, probably because it was well known "that those who were to make it were cavaliers." Moreover--Beverley, Burk, Chalmers and Holmes are all direct testimony in favor of the "tumultuous assemblage." 2. The act of surrender was in self-defence, when resistance would have availed nothing. Its terms evince no acknowledgment of authority, but mere submission to force. They contain _not one word_ recognizing the rightful power of Parliament, nor impeaching that of the king. 3. The "claiming the supreme power," &c. proves any thing but the fealty of the Colonial Legislature to the Commonwealth. According to Mr. Bancroft himself, Virginians in 1619 "first set the world the example of equal representation." "From that time" (we here quote the words of Judge Tucker,) "they held that the supreme power was in the hands of the Colonial Parliament, then established, and of the king as king of Virginia. Now the authority of the king being at an end, and no successor being acknowledged, it followed, as a corollary from their principles, that no power remained but that of the assembly,"--and this is precisely what they mean by claiming the supreme power as residing in the Colonial Legislature.