n ^z \ n o OF TUE Theological Seminary, PRINCETON, N. J Case, '"*"''^7^rrrrrr......UJ.v.L£.i on... Shelf, I O *^A Section . ':, Book, ....;..' N Oj., , /I T7^ i \\: ^ *.% \ * \ ^Auan ^ /Ho ^'■^ViU^M % f%v- >■>■*" — THE following Notes were written in Virginia, in the year 1781, and foraewhat corrected and enlarged in the winter of 1782, in anfwcr to Queries propofed to the Au- thor, by a Foreigner of Diftinftion, then refiding among us. The fubjefts are all treated imperfe(Stly j fome fcarce- ly touched on. To apologize for this by developing the circumftances of the time and place of their compofition, would be to open wounds which have already bled enough. To thefe circumftances fome of their imperfeftions may with tru*:h be afcribed ; the great mafs to the want cf informa- tion end want of talents in the writer. He had a few copies printed, which he gave among his friends : and a trariflation of them has been lately pubhfhed in France, but with fuch alterations as the laws of the prefs in that country rendered neceifary. They are now offered to the public in their original form and language. Fii. 27, 1787. 1. BOUNDARIES of Virginia, Page 5 2. Rivers, 5 3. Sea- forts, « i^ 4. Mountains, ibid. 5. Caf cades. 22 6. Produdions, mineral, 'vegetable, and ani?nal, 26 7. Climate, yg 8. Population, 88 9. Military force, ^ - 94 10. Marine force, g6 1 1 . Aborigines, ibid . 12. Counties a?id towns, ' no 13. Conjlitution, 112 14. Laws, 133 15. Colleges, buildings, and roads, 152 16. Proceedings as to Tories, 157 17. Religion, 158 18. Mamiers, 163 19. Manufactures, 165 20. Subjeds of commerce, 166 21. Weights, me afures and money, 170 22. Public revenue and cxpenccs, 172 23. Hif cries, mejuorials andflate-papers, iy6 APPENDIX, m /. //. ///. & 7r. follow in regular order. Ai lEFFERSON's 9UE RT I. _N cxaSl defcript'.Gii of the limits and boundaries of the Jlate (?/■ Virginia ? Virginia is bounded on the Faft by the Atlantic : on the North by a h'ne of latitude, crolfing the Laftern Shore through Watkins's Point, being about '^']^ . 57' North la- titude ; from thence by a ftraight line to Cinquac, near the mouth of the Patowmac ; thence by the Patowmac, which is common to Virginia and Maryland, to the fird fountain of its northern branch : thence by a meridian line, paffing through that fountain till it interfecls a line running Eaft and Weft, in latitude 39.° 43'. 42.4''''. which divides Maryland from Pennfylvania, and which was mark- ed by Meflrs. Mafon and Dixon ; thence by that line, and a continuation of it weftwardly to the completion of five degrees of longitude from the eaftern boundary of Penn- fylvania, in the fame latitude, and thence by a meridian line to the Ohio on the Weft by the Ohio and Miffifipi, to latitude 36°. 30'. North: and on the South by the line of latitude laft mentioned. By admeafurements through nearly the whole of this laft hne, and fupplying the unmca- fured parts from good data, the Atlantic and Miffifipi are found in this latitude to be 758 miles diftant, equal to 30°. 38'. of longitude, reckoning 55 miles and 3 144 feet to the degree. Thisbeing our comprehenfion of longitude, that of our latitude, taken between this and Mafon and Dixon' 5 line, 18 3". i3\ 42.4/ equal to 223.3 miles, fuppofing a B i 6 ) ^e^ree of a great circle to be 69 ni. 8641. as compirted by Cairuii. Thefe boundaries include an area Ibmewhat tr.'"'.-: ;^l:Ir, of 121, 525 fquarc miles, whereof 79,650 lie \vv.itward of the Alieghaney mountains, and 57,034 we(i- waid of ihe mev.'ian of the mouth of the Great Kanhaway. '1 his {late is therefore one third jjifger than the iflands of Great-Britain, and Ireland, which are reckoned at 88^357 fquare miles. Thefe limits refult from, i. The ancient charters from the crown 6f England. 2. The grant of Maryland to the Lord Baltimore, and the fubfequent determinations of the Bridih court as to the extent of that grant. 3. The grant of Pennfylvania to William Penn, and a compatt between the general aifemblies of the commonv.'ealths of Virginia and Pennfylvania as to the extent of that grant. 4. The grant of Carolina, and aflual location of its northern boundary, by confent of both parties. 5. The treaty of Paris of 1763. 6. The confirmation of the charters of the neighbouring ftates by the convention of Virginia at the time of conftituting their com.monwealth. 7. The cef- fion made by Virginiato Congrefs of all the lands to which they had title on the North fide of the Ohio. ^UERT ji\. NOTICE of its rivers, rivulets, and how far they are navigable ? An infpeiflion of a map of Virginia, will give a better i- dea of the geography of its rivers, than any defcription in. writing. Their navigation may be imperfeO:ly noted. Roanoke, fo far as it lies within this ftate, is no where na- vigable, but for canoes, or light batteaux ; and even for thefe, in fuch detached parcels as to have prevented the inhabitants from a vailiHg themfelves of it at all- James River, and its waters, afford navigation as fo!~ lows. The whole of Elizabeth River, the lowed of thofe which run into James River, is a harbour, and would contain upwards of 300 Ihips. The channel is from 150 to ioo ( 7 ) faihoiu wide, and at common flood tide, affords 18 feet water to Noriblk. The Straflord, a 60 gun fliip, wei:t there, lightei\iuL; herfelf to crols the bar at So. veil's Point. The Ficr Rodrigue, pierctd fcr 64 guns, and carrying 50, went there without lighteninr;. Craney ifland, at the mouth of this river, comiuandsu^ channel tolerabiy well. Natifcmond Rhcr h navi^;;ible to S! cpy Hole, i. r vefltlii of 250 tons > to Suffolk, i'or thofi^ or ico ton-j ; and to Milner's for ihofe of 25. Pagin Creek affords 8 or 10 feet v^tcr to Sniithfield, which admits veffcls of 20 tons. Chlckahom'wj has at its mouth a bar, en which :s only 12 feet water at common flood tide. Veffels pafling that, may go 8 miles up the river ; thofe of 1 o feet draught may go four miles further, and thofe of fix tons burthen, 20 miles further. A'paiihUtc:-: may be navigated as far as Broadways, by any vcflel which has crofled Harrifon's bar in James River ; it keeps S or lo feet water a mile or two higher up to Fiflier'sbai-, and 4 feet on that and upwards to Peterfburgh, where all navigation ceafes. 'James River itfelf affords harbour for veffels of any fize in Hampton Road, but not in fafecy through the whole winter ; and there is navigable water for them as far as Mulberry Ifland. A 40 gun fliip goes to James town, and lightening hcrfclf, may pafs to Harrifon's bar, on which there is only 15 feet water.. Veffels of 7.50 ::ons may go to Warwick ; thofe of 125 go to Rocket's, a mile below Richmond ; from thence is about 7 feet water to Rich- mond ; and about the centre of the town, four feet and a half, where the navigation is interrupted by falls, which in a courfe of fix miles, defcend about 80 feet perpendicu- lar : above thefe it is refumed in canoes, and batteaux, and is profecuted faiely and advantageoufly to within 10 miles of the Blue Ridge; and even through the Blue Ridge a ton weight has been brought ; and the expcnce would not be great, wiien compared with its object, to o- pen a tolerable navigation up Jackfon's river and Carpen- ter's creek, to within 25 miles of Howard's creek of Green Briar, both of which have then water enough to float veflels into the Great Kanhaway. In fome future flatc of B 2 ( s ) population, I think it polTible that its navigation may alfo be made to interlock with that of the Patowmac, and through that to communicate by a fiiort portage with the Ohio. It is to be noted, that this river is called in the maps James River, only to its confluence with the Rivan- na : thence to the Blue Ridge it is called the Fluvanna ; and thence to its fource, Jackfon's river. But in common fpeech it is called James River to its fource. The Rivanna, 2. branch of James River, is navigable for canoes and hatteaux to its interfedioa with the South Weft mountains, which is about 22 miles : and may eafi- ly be opened to navigation through thefe mountains to its fork above Charlottefville. 7ork Ri-vsr, at York town, affords the befl harbour in the (late for veflels of the largeft fize. The river there narrows to the width of a mile, and is contained within very high banks, clofe under which the veifeis may ride. It holds 4 fathom water at high tide for 25 miles above York to the mouth of Poropotank, where the river is a mile and a half wide, and the channel only 75 fathom, and paffing under a high bank. At the confluence of Pomiin- key and Mattapo.iy, it is reduced to 3 fathoms depth, which continues up Pamunkey to Cumberland, where the width is 100 yards, and up Mattapony to within two miles of Frazer's ferry, where it becomes 2] fathom deep, and holds that about five miles.. Pamunkey is then capable of navi- gation for loaded flats to Brockman's bridge, fifty miles a- bo\e Hanover town, and Mattapony to Downers bridge, 70 miles above its mouth. Piankatank, the little rivers making out o^ Molyack Bay and thofe of the Eajiern Shore, receive only very fmall vef- fels, and thefe can but enter them. Rappahannock affords 4 fathom water to Hobb's hole, and 2 fathom from thence to Frederickfburg. Patowmac is 71 wide at the mouth / 4-i- at Nomony bay; 3 at Aquia; i| at Hollooing point; i|at Alexandria. Its foundings are 7 fathom at the mouth ; 5 at St. George's ifland ; 4! at Lower Matchodic ; 3 at Swan's point, and thence up to Alexandria ; thence 10 feet water to the falls, which are 13 miles above Alexandria. Thefe falls are 15 miles in length, and of very great defcent, and the navigation above them for batteaux and canoes, is fo much ( ) interrupted as to be little ufecl. It is, however, ufed In a Imall degree up the Cohongoronta branch as far as Fort Cumberland, \Ahich was at the mouth of Wills's creek"; and Is capable, at no great expence, of being rendered ve- ry practicable. The Shenandoah branch Interlocks with James river about the Blue Ridge, and may perhaps In la- ture be opened. The Mr////Jpi will be one of the principal channels of fu- ture commerce for the country weflward oi theAlleghaney. From the mouth of this river to' where it receives the Ohio, is looo miles by water, but only 500 by land, palling through the Chlekaiaw country. From the mouth of the Ohio to that of the MiiTourl, is 230 miles by water, and 140 by land. From thence to the mouth of the IllinoI.<; river, is about 25 miles. The Milliri})i, below the mouth of the Mifiburi, is always muddy, an J abounding with fand bars, which frequently change their places. How- ever, it carries 15 feet water to the mouth of the Ohio, to which place it is from one and a half to two miles wide, and thence to Kafkafkia from one mile to a mile and a quarter wide. Its current is fo rapid, that it never can be Itemmed by the force of the wind alone, acting on fails. Any veilel, hov;evcr, navigated with oars, may come up at any time, and receive much aid from the wind. A batteau paffes from the mouth of Ohio to the mouth of Miuifipl in three weeks, and is from two to three months getting up again. During its floods, which are periodical as thofe of the Nile, the largeft veflels may pafs down it, if their fteerage can be infured. Thefe Hoods begin in Apr!', and the river returns into its banks early in Auguft. The inundation extends further on the weftern than eaftern fide, covering the lands in fome places for 50 miles from its banks. Above the mouth of the MIffouri, it becomes much fuch a river as the Ohio, like it clear, and gentle in its current, not quite fo wide, the period of its Hoods nearly the fame, but not rlhng to fo great a height. The (Irects of the village at Cohoes are not more than 10 feet above the ordinary level of the wa- ter, and yet were never overflowed. Its bed deepens eve- ry year. Cohoes, in the memory of many people now living, was infulated by every flood of the river'. What ( 10 ) was the eaflern channel has now become a lake, 9 mlies- in length and one ia width, into which the liver at this day never flows. This river yields turtle of a peculiar kind, perch, trout, gar, pike, mullets, herrings, carp, Tpa- tula-fiib of 5olb. weight, cat-fiih of loolb. weight, buffalo fifli, and ilurgeon. Aligators or crocodiles have been feen as high up asthe Acanfas. It alfo abounds in her- ons, cranes, ducks, brant, geefe, and fwans. Its paiTage is cotnmanded by a fort eitablifhed by this ftate, five miles below the mouth of Ohio, and ten miles above the Carolina boundary. The Miifouri, fmce the treaty of Paris, the Illinois and northern branches of the Ohio, fmce the ceiTion of Con- grcfs, are no longer within our limits. Yet having been ib heretofore, and (till opening to us channels of extenfive communication with the weitern and north-wellern coun-- try, they fnall be noted in their order. The Miffouri is, in faci, the principal river, contributing" more to the common fl-ream than docs the Miffifipi, even after its junftion with the Illinois. It is remarkably cold, muddy and rapid. Its overflowings are confiderable. They happen during the months of June and July. Their com- mencement being fo much later than thofe of the Miflifipi^ would induce a belief that the fources of the MiiTouri are northward of thofe of the MifTifipi, unlefs we fuppofe that the cold increafes again with the afcent of the land from the Miiiifipi weflwardly. That this afcent is great, is prov- ed by the rapidity of the river. Six miles above the mouth it is brought within the compafs of a quarter of a mile's width : yet the Spanifli merchants at Pancore, or St. Louis, fay they go two thoufand miles up it. It heads far waitward of the Rio Norte, or North River, There is in the villages of Kafl^aflda, Cohoes and St. Vincennes, no inconfiderable quantity of plate, faid to have been plun- dered during the lafl; war by the Indians from the church- es and private houfes of Santa Fe',' on the North river, and brought to thofe villages for fale. From the mouth of Ohio to Santa Fe are Ibrty days journey, or about looo miles. What is the fliortefl diftance between the naviga- ble waters of the Miflburi, and thofe of the North river, or how far this is navigable above Santa Fc, I could never c 1 1 learn. From Santa Fe to its mouth in the Gulph of Mexi- co is about 1200 miles. The road from New Orleans to Mexico croHes this river at the port of Rio Norte, 800 miles below Santa Fe' : and from this poft to New Orleans is about 1 200 miles ; thus making 200O miles between Santa Fe and New Orleans, palling down the North river. Red river & MilUfipi ; whereas it is 2230 through the Mif- fouri Sc Milfifipi. From the fame poll: of Rio Norte, palling near the mines of La Sierra map of Virginia; and to E^ro sides to come together, they wiuld fit in ;ill their indentures, without leaving any void. I think that this does hot rcfemble the cITcft of running wa- ter, but looks rather as if the two sides had parted afunder. The sides of the break, over which is the natural bridge of Virginia, consifting of a veiny rotk which yields to times, tht correfpondence between the falient and re-entering inequalities, if it exided at nil, has now difappcared. This break has the advantage of the one def- cribed by Don Uiloa in its fined cirLumftancc ; no portion in that nftance having held togetl'er, during the separation of t! t fthrr parts, fo as to form a bridge over the abyfs-' ( 27 ) nerally, and thefe cultivate their own corfi. They have produced 60 tons of lead in the year ; but the ge- neral quantity is from 10 to 25 tons. The prefent fur- nace is a mile from the ore bank, and on the oppofite fide of the river. The ore is firfl waggoned to the river, a quarter of a mile, then laden on board of canoes, and carried acrofs the river, which is there about 200 yards wide, and then again taken into wag- gons and carried to the furnace. This mode was ori- ginally adopted, that they might avail themfelves of a good fituation on a creek, for a pounding mill : but it would be eafy to have the furnace and pounding mill on the fame fide of the river, which would yield water, without any dam, by a canal of about half a mile in length. From the furnace the lead is tranfported 130 miles along a good road, leading through the peaks of Otter to Lynch's ferry, or Winfton's, on James's river, from whence it is carried by water about the fame dif- tance to Wefliham. This land carriage may be greatly ihortened, by delivering the lead on James's river, above the Blue ridge, from whence a ton weight has been brought on two canoes. The great Kanhaway has confiderable falls in the neighborhood of the mines. About feven miles below there are falls, of three or four feet perpendicular each ; and three miles above is a rapid of three miles continuance, which has been compared in its defcent to the great falls of James's river. Yet it is the opinion, that they may be laid open for ufeful navigation, fo as to reduce very much the portage between the Kanhaway and James's river. A valuable lead mine is faid to have been lately dif- covered in Cumberland, below the mouth of Red river. I'he greateft, however, known in the weftern country, are on the Miififipi, extending from the mouth of Rock river 159 miles upwards. Thefe are not wrought, the lead ufed in that country being from the banks on the Spanifh fide of the Miffifipi, oppofite to Kalkaf- kia. A mine of copper was once opened in the county of Amherfli, on the noith fide of James's river, and ano- ther in the oppofite country, on the fouth fide. How- ever, either from bad management or the poverty of ( 2S ) llie vtins, they were difcontinued. We arc told of a rich mine of native copper on the Ouabache, below the upper Wiaw. The mines of iron worked atprefcnt are Callaway*?, Rofs's, and Bailendine's, on the fouth fide of James's river ; Old's on the north fide, in Albemarle ; Pdillcr's in Augufta, and Zane's in Frederic. Thefe two laft are in the rally between the Blue ridge and North moun- tain. Callaway's, Rofs'?, Miller's, and Zane's, make about 150 tons of bar iron each, in the ye.ir. Rofs's makes alfo about ,1600 tons of pig iron annually ; Bai- lendine's 1000; Callaway's, Miller's, and Zanc>, about 6co each. Befides thefe, a forge of Mr. Hun- ter's, at Frederickll)urgh, makes about 300 tons a year of bar iron, from pigs imported from Maryland ; and Taylor's forge on Neapfco of Potowmac, works in the fame wa}^, but to what extent I am not informed. The indications of iron in other places are numerous, and dilperfed through all the middle country. The touo-hnefs of the caft iron of Rofs's and Zane's furnaces is very remarkable. Pots and other utenfils, caft thin- ner than ufual, of this iron, may be fafely thrown into, or cut of the waggons in which they are tranfported.— Sak-pans made of the fame, and no longer wanted for that purpofe, cannot be broken up, in order to be melt- ed agam, unlefs previoufly drilled in m.any parts. In the weflern country, we a-e told of iron mines be- tween the Muikingum and Ohio : of others on Ken- tucky, between the Cumberland and Barren rivers, be- tween Cuniberland and Tennaifee, on Reedy creek, near the Long ifland, and on Chelnut creek, a branch of the Great Kanhaway, near where it croiTes the Caro- lina line. What are called the iron banks, on the Miflifipi, are believed, by a good judge, to have no iron in them. In general, from what is hitherto known of that country, it feems to want iron. Confiderable quantifies of black lead are taken occa- fionally forufe from Winterham, in the county of Ame- lia. 1 am not able, however, to give a particular ftate of the mine. There is no work eftabliQied at it ; thofe who want, going and procuring it for themfelves. E ( 29 ) The country on James's river, from 15 to 20 miles- above Richmond, and for feveral miles northward and iouthward, is replete with mineral coal of a very excellent quality. Being in the hands of many proprietors, pits have been opened, and, before the Interruption of our com- merce, vi^ere vi^orked to an extent equal to the demand. In the vveftern country coal is known to be in fo many places, as to have induced an opinion, that the whole traA between the Laurel mountain, Millifipi, and Ohio, yields coal. It is alfo knov/n in many places on the north fide of the Ohio. The coal at Pittfburg is of very fuperior qua- lity. A bed of it at that place has been a-fire fmce the year 1765, Another coai-hill on the Pike-run of Monon- gahela has been a-fire ten years, yet it has burnt away about ten yards only. I have known one inftance of an emerald found in this country. Amethyfts have been frequent, and cryltals com- mon ; yet not in fuch numbers any of them as to be worth I'eeking. There is very good marble, and in very great abundance, on James's river, at the mouth of Rockfilfi. — The fara- ples 1 have feen, were fome of them of a white as pure as one might expect to find on the furface of the earth : bat inofb of them were variegated with red, blue, and pur- ple. . None of it has been ever worked. It torms a very large precipice, which hangs over a navigable part of the river. It is faid there is marble at Kentucky. But one vein of lime-ftone is known below the Blue- rjdge. Its firft appearance, in our country, is in Prince William, two miles below the Pignut ridge of mountains; thence it palfes on nearly parallel with that, and erodes the Rivanna about five miies below it, where it is called the South-wefh ridge. It then croffcs Hardware, above the • mouth of Hudfon's creek, James's river at the mouth of Rockfilh, at the marble quarry before fpoken of, probably runs op that river to where it appears again at Rofs's iron- works, and fo pafles off" fouth-weftwardly by Flat creek of Otter river. It is never more than one hundred yards wide. From the Blue ridge wedwardly, the whole coun- try feems to be founded on a rock of jime-ftone, befides infinite quantities oft the furface, bctti ioofe and fixed..— ^ C 50 ) This is cut into beds, which range, as the mcunlalns and fea-coaft do, ficm Ibuth-weft to north-eaft, ihe lamina of each bed declining tVom the horizon towards a paral- Ithfni wiih the axis of the earth. Being llruck with this obfe vat on, I made, with'a quadrant, a great number of trials on the ang'cs of their declination, and found them to vary fiom 22 to 60 ; but averaging all my trials, the rc'ult was within one third of a degree of the elevation of the po'e or latitude of the place, and much the greatefl part of them taken feparately were little difTerent from that ; by which it appears, that thefe lamina are, in the , main, parallel with the axis of the earth. In fome in- ilances, indeed, 1 found them perpendicular, and even reclining the other way ; but thefe were extremely rare, and always attended with figns of convulfions or other circumflances of fmgularity, W'hich admitted a poffibility of removal from their original pofition. Thefe trials were made betv/ecn IMadifon's cave and the Patowm.ac. We hear of limc-flione on the MifTifipi and Ohio, and in all the mountainous country between the eaftern and wedern waters, not on the mountains themfelves, but occupying the vallies bctw^een them. Near the eaftern foot of the North mountain are im- menfe bodies of ScbiJ}, contahiing impreffions of fliells in a variety of forms. I have received petrified fnelis of very diilerent kinds from the hrfl fources of the Ken- tuck)'', which bear no refemblance to any I have ever feen on the tide waters. It is faid that fnelis are found in the Andes, in South- America, fifteen thoufand feet above the level of the ocean, 'I'his is confidcrcd by many, both of the learned and unlearned, as a proof of an uuiverfal deluge. To the many confiderations oppof- ing this opinion, the following may be added. The at- mofphere, and all its contents, whether of water, air, or other matters, gravitate to the earth ; that is to fay, they have weight. Experience tells us, that the weight of all thefe together never exceeds that of a column of mercury of c; i inches height, which is equal to one of rain water of 35 feet high. If the whole contents of the atmo'.phere then were water, infliead of what they are, it would cover the globe but 3^ feet deep ; but as thefe waters, as they fell, would run into the feas, the fuper* C 3' ) ficlalmeafure of which is to that of the dry parts of thb globe, as two to one, the feas would be raifed only 52 1-2 feet above their prefent level, and of courfe would over- flow the lands to that height only. In Virginia this would be a very fmall proportion even of the champaign coun- try, the banks of our tide-waters being frequently, if not generally of a greater height. Deluges beyond this extent then, as for inftance, to the North mountain or to Kentucky, feem out of the laws of nature. But with- in it they may have taken place to a greater or lefs degree, , in proportion to the combination of natural caufes which may be fuppofed to have produced them. Hiftory renders probable fomeinflances of a partial deluge in the country lying round the Mediterranean fea. It has been often* fup- pofed, and is not unlikely that that fca was once a lake. While fuch, let us admit an extraordinary collection of the waters of the atmofphere from the other parts of the globe to have been difcharged over that and the countries whofe waiters run into it. Or without fuppofmg it a lake, admit fuch an extraordinary colleftion of the waters of the atmofphere, and an influx of waters from the Atlan- tic ocean, forced by long continued wellern winds. The lake, or that fea, may thus have been fo raifed as to over- flow the low lands adjacent to it, as thofe of Egypt and Armenia, which, according to a tradition of the Egyptians and Hebrews, were overflowed about 2300 years before, the Chriftian aera ; thofe of Attica, faid to have been overflowed in the time of Ogyges, about five hundred years later; and thofe of Theffaly, in the time of Deu- calion, ftill 300 years poflerior. But fuch deluges as thefe \^ill not account for the Ihells found in the higher lands. A fecond opin'on has been entertained, which is, . that, in times anterior to the^ records either of hiftory or tradition, the bed of the ocean, the principal refidence of the (helled tribe, has, by (ome great convulfion of nature, been heaved to the heights at which we now find Ihells and other remains of marine animals. The favorers of this opinion do well to fuppofe the great events on which it refts to have taken place beyond all the aeras of hiflory ; for within thele, certainly none fuch are to be found ', * 2« BiifTon Epo(jues, 56, ( 3^- ) nnd we may, venture to fay further, that no facl has ta- ken place, either in our own days, or in the thoufands of years recorded in hiftory, which proves the exKlenceof any natural apjents, within or without the bowels of the earth, of force fuflicient to heave, to the height of 15,000 feet, fuch nialTcs as the i\ndes. The difference between the pov/er necclVary to produce fuch an effect, and tint which fliuilled together the different parts of Calabria in our days, is fo imniencc, that, from the exiftencc of the latter we are not authorifed to infer tiiatof the former. M. de Voltaire has fuggefted a third folution of this diffcuhy (Oucll. encycl. Coquilles,) He cites an inftance in Touraiiic, where, in the fpucc of 80 years, a particular fpot of earili had been twicemetamorphofedinto foft ffone, which had become hard when cmpi.oyed in building. In this ffone fiielis of various kinds were produced, difcovera- ble at t'liil only with themicrofcope, but afterwards grow- ing with the ftone. From this fact, I fuppofe, he would have n<; infer, that, beHJes the uiual procels for generating fiiells oy the eiaooracion of earth and water in animal vel- fels, nature may have provided an equivalent operation, by palling ti:t; fame marcjials through the pores of calca- reous earth and Hones : as we fee calcareous drop-flones generating every day by the percoi:" ion of water through lin^.e-ltone, and r.ew marble loin;ing in the quarries from which ihe old lias been flien out ; and it might be afi;- ed, V. iiether it is nioic tiiiacult for nature to fhoot the cal- careous juice inio the lurm o^ a fhell, than other juices in- to the forniG of cryitals, plants, animals, according to the conhru6lion of iiie veflels through which they pals ? There is a wonder fomcv/here. Is it grateff on this branch of the dilemma : on that which fuppofes the exiftence of a power, of v.hich we have no evidence in any other cafe; or on the firfl, which requires us to believe the creation of a body of water and its fubfequent annihilation. The ellablifliment of the inllance, cited by M. de Voltaire, of the growth of ff.ells unattached to animal bodies, would have been that of his theory. But he has not eftablifned it. He has not even left it on ground fo refpeftable as to have rendered it an object of enquiry to the literati of his own country. Abandoning this fact, therefore, the three hypothefes are equally unfatisfadory j and we muH ( 33 ) fee contented to 'acknowledge, that this great phenomenon js as yet unfolved. Ignorance is preferable to error ; and he is lefs remote from the truth who believes nothing, than he who beheves what is wronc;. o There is great abundance (more efpecially when you spproacii the mountains) of {lione, white, blue, brown, ^c. fit for the chiffel, s-ood mill-ftone, fuch alfo as (lands fhe fire, and flate Hone. We are told of fiint, fit forgun- iiints, on the Meherrin in Brunfwick, on the Miflifipi be- tween the mouth of Ohio and KafivafKia, and on others of the weftern waters. Ifinglafs or mica is in feveral places ; Joadftone alfo ; and an Aibeflos of a ligneous texture, is fametimes to be met with. Marie abounds generally. A clay, of which like the Sturbridge in England, bricks are made, which will refift long the violent aclion of fire, has been found on Tucka- hoe creek of James's river, and no doubt w-iil be found in other places. Chalk is faid to be in Botetourt and Bed- i" rd. In the latter county is fome earth believed to be gypieous. Ochres are found in various parts. In the lime-flone country are many caves, the earthy floors of which are impregnated with nitre. On Rich creek, a branch of the Great Kanhaway, about 60 miles beiovv the lead mines, is a very large one, about 20 yards xvidej and entering a hill a quarter or half a mile. The vault is of rock, from 9 to 15 or -20 feet above the floor, A Mr. Lynch, who gives me this account, undertook to extrad a nitre. Befides a coat of the fait which had form- ed on the vault and floor, he found the earth highly imprcg- - nated to the depth of feven feet in fome places, and gene- rally of three, every builiel yielding on an average three pounds of nitre. Mr. Lynch having made about looolb. of the fait from it, configned it to lome others, who have • fince made io,ocolb. They have done this by purfuing the cave into the hill, never trying a fecond time the earth they have once cxhaufled, to fee how far or foonit receives another impregnation. At leaft fifty of thefe caves are worked on the Greenbriar. There are many of them known on Cumberland river. The country weflward of the Alleghany abounds with fprings of common fiilt. The mofi: remarkable we have heard of arc at Bullet's hck, the Big bcnes, the blue I ( 34 ) lick.-, and on the North fork ot' Holiton. The area or Bullet's lick, is of many acres. Digging the earth lo the depth of three feet, the water begins to boil up, and the deeper you go, and the drier the weather, the ilrongcr is the brine. A thoufand gallons of water yield from a bulhel to a buflicl and a half of fair, which is about 8olb. of wa- ter to lib. of fait; but of fea-water 251b. yield ilboffali. So that fea water is more than three times as llrong as that of thefe fprings. A fait ipring has been lately diicovercd at the Turkey foot on Yohogany, by which river it is over- flowed, except at very low water. Its merit is not yet known. Dunning's lick is alfo as yet untried, but it is fuppofed to be the bed on this fide the Ohio. The fain iprings on the margin of the Onandago lake arefaidto rive a faline talte to the waters of the lake. There are feveral medicmal fprings, fome oi which are mdubitably eiBcacious, while others fecm to owe their reputation as much to fancy and change of air and regi- ir.cn, zz to their real virtues. None of them having un- dergone a chemical analyfis in fkilful hands, nor been fo far the fubjscl of obfcrvation as to have produced a reduc- tion into dalles of the diforders which they relieve, it is in ray power to give little more than an enumeration of them. The mofl: efficacious of thefe are two fprings In Augufta, near the firil fources of James's River, where it is called Jackfon's River. They rife near the foot of the ridge of Mountains, generally called the Warm Spring Mountains, but in the maps Jackfon's Mountains. The one is diftin- guilhedby the name of the Warm Spring, and the other of the Hot Spring. The Warm Spring iffues with a very bold flream, fufficient to work a grift mill, and to kee^ the waters of its bafon, which is 30 feet in diameter, at the vital warmth, viz. 96° of Farenheit's thermometer. — The matter with which thefe waters is allied is very vola- tile ; its fmell indicates it to be fulphureous, as alfo does the circumilance of its turning filver black. Thty relieve rheumatifms. Other complaints alfo of very different natures have been removed or leffened by them. It rains here four or five days in every week. The Hot Spring is about fix miles from the Warm, is much faialler, and has been fo hot as to have boiled an ( 3S ) egg. Some believe its degree of heat to be leffened. It raifes the mercury in Farrenheit's thermometer to 112 degrees, which '•'■^ lever heat. It fometimes reUeves where the Warm Spring fails. A fountain of common water, iifuing within a few inches of its margin, gives it a fingu- lar appearance. Comparing the temperature of thefe with that of the Hot Springs of Kaii.fchatka, of which Krach- ininnikov/ gives an account, the diilerence is very great, the latter raifmg the mercury to 200" which is within 12'' of boihng water. Thefe l]:)rings are very much reforted to in fpite of a total want of accommodation for the Tick. Their Vv^aters are flrongefi; in the hotted months, which occafions their being vifitcd in July and Augufl principal- The fweet fprlngs are in the county of Botetourt, at the eaftern foot of the Allegh ny, about 42 miles from the Warm fprings. They are itill lefs known. Having been found to relieve cafes in which the others had been inelTec-. tually tried, it is probable their compohtion is different. They are different alfo in their temperature, being as cold as common water : which is not mentioned, however, as a proof of a diftinft impregnation. This is among the nrll fources of James's River. On Potowmac River, in Berkeley county, above the North mountain, are medicinal fprings, much more fre- quented than thofeof Augufla. Their powers, however, are lefs, the waters Vv^eakly mineralized, and fcarcely warm. They are more vifited becaufe fituated in a fertile, plentiful and populous country, better provided with ac- commodations, always fa fe from the Indians, and near.efl: to the more populous ftates. In Louifa county, on the head waters of the South An- na branch of York river, are fprings of fome medicinal virtue. They are not much ufed however. There is a weak chalybeate at Richmond ; and many others in vari- ous parts of the country, which are of too little worth, or too little note, to be enumerated after thofe before mentioned. We are told of a fulphur fpring on Howard's creek of Greenbriar, and another at BoonfboroUgh on Kentucky. In the low grounds of the Great Kanhaway, feven miles above the mouth of Elk river, and 6y above that of the C 36 ) Kanhaway IifeU, is a holo in the earth oFihe capacity of ']o or 40 gallons, from which ilfues conllantly a bitumi- nous vapour, in fo ilrong a current, as to give to the land about its orifice the motion which it has in a boiling fpring. On prcfenting a lighted candle or torch within 18 inches of the hole it flames up in a column of 18 inches diameter, and four or five feet hei;^!ir, which fometimes burns out within 20 minutes, and at other times has been known to continue three days, and then has been (till left burning. The flame is unileady, of the denfity of that of burning fpirits, and fmells like bunting pit-coal. Water fometimes coUefts in the bafon, which is remarkably cold, and is kept in ebullition by the va- pour ifl'uing through it. If the vapour be fired in that Ihue, the water foon becomes fo v/arm that the hand cannot bear it, and evaporates wholly in a fliort tmie. This, with the circumjacent lands is the property of his excellency general Wafhington and of general Ltwis. There is a fimilar one on Sandy river, the llame of which is a column of about 12 inches diameter, and three feet high. General Clarke, who informs me of if, kindled the vapour, ftaid about an hour, and left it burning. The mention of uncommon fprings leads me to that of Syphon fountains. There is one of thefe near the inter- fedion of the lord Fairfax's boundary with the North mountain, not far from Brock's gap, on the ftreamof which is a griftmill, which grinds two bufliels of grain at every flood of the fpring : another near the Cowpafture river, a mile and a halt below its confluence with the BuU-pafture river, and 1 6 or 17 miles from theHot fprings, which intermits once in every twelve hours : one alfo near the mouth of the North Holfton. After thefe may be mentioned the Natural Well^ on the lands of a Mr. Lewis in Frederick county. It is fome- what larger than a common well : the water rifes in it as near the furface of the eafth as in the neighbouring ar- tificial wells, and is of a depth as yet unknown. It i- faid there is a current in it tending fenfibly downwards. If this be true, it probably feeds fome fountain, of which it is the natural refervoir, dift:inguiflied from others, like that of Madifon's cave, by being acceffible. It is F C 37 ) nkd with a bucket and windlafs as an ordinary well. A complete catalogue of the trees, plants, fruits, &c. is probably not defired. I will fketch cut thofe which would principally attract notice, as being i . Medicinal, a,. Efculent, 3. Ornamental, or 4. Ufeful for fabrication : adding the Linncean to the popular names, as the latter might not convey precife information to a foreigner. I fhall confine myfelf too to native plants. J. Senna. Caffia liguftrina. Arfmart. Polygonum Sagittatum. Clivers, or gooie-grafs. Galium fpurium. Lobelia of feveral fpecies. Palma Chrifti. Ricinus. (30 James -tov/n weed. Datura Stramonium. Mallow. Malva rotundifolia. Syrian mallow. Hibifcus mofchentos. Hibifcus virginicus. Indian mallow. Sida rhombifolia. Sida abutilon. Virginia Marfhmallow. Napasa hermaphrodlta Napsea dioica. Indian phyfic. Spiria trifohata. Euphorbia Ipecacuanhce. Pleurify root. Afclepias decumbens. Virginia fnake root, ^riftolochia ferpentarlz. Black fnake-root. Adssa racemofa. Seneca rattlefnake-root. Polygala Senega. Valerian. Valeriana locufta radiata. Gentiana, Saponaria, Villola & Centaurium. Ginfeng. Panax quinqnefolium. Angelica. Angelica fylveflris. Callava. Jatropha urens. 2. Tuckahoe. Lycoperdon tuber. Jerufalem artichoke. Helianthus tuberofus. Long potatoes. Convolvulas batatas. Granadillas. Maycocks. Maracocks. PaiTiflora incarnata. Panic. Panicum of many fpecies. Indian Millet. Holcus laxus. Holcus flriofus. "Wild oat. Zizania aquaticia. Wild pea. Dolichos of Clayton* Lupine. Lupinus perennis. C -8 ) Wild hop. Ilnmulus lupulus. WilJ cherry. Primus Virginiana. Cherokee plumb. Prunus fylveftris frui^ul majori. '. Wild plumb. Prunus fylveflris frudlu mi- r Clayton, nori. J Wild crab-appk. Pyrus coronaria. Red Mulberry. Morus rubra. Perfimmon. Diofpyros Virginiana. Sugar maple. Acer faccharinum. Scaly bark hiccory. Juglans alba cortice fquamofo. Clayton. Common hiccory. Juglans alba, fructu minore ran- cido. Clayton. Paccan, or Illinois nut. Not defcribed by Linnarus, Millar, or Clayton. Were I to venture to defcribe this, fpeaking of the fruit from memory, and of the leaf from plants of two years growth, I fhould fpecify it as the Juglans alba, foliolis lanceolatis, acuminatis, ferratis, to mentofis, fructu minore, ovato, compreflb, vix infculpto, dulci, putamine tenerrimo. It grows on the Illinois, Wabafh, Ohio, and MilTifipi. It is fpoken of by Don Ulloa under the name of Pacanos, in his Noticias Americanas. Entret 6. Black walnut. Juglans nigra. White walnut. Juglans alba. Chefnut. Fagus callanea. Chinquapin. Fagus pumila. Hazlenut. Corylus aveltana. Grapes, Vitis. Various kinds, though only three de- fcribed by Clayton. Scarlet Strawberries. Fragaria Virginiana of Millar. Whortleberries. Vaccinium uliginofum. Wild goofeberries. Ribes groflularia. Cranberries. Vaccinium oxycocos. Black rafpberries. Rubus occidentalis. Blackberries. Rubus fruticofus. Dewberries. Rubus cazfius. Cloudberries. Rubus Chamozmorus. 3. Plane-tree. Flatanus occidentalis. Poplar. Liriodcndron tulipiefra. Populus heteropbylla. ( 39 ) Black Poplar. Populus nigra. Afpen. Populus trcmula. Linden, or Lime, Telia Americana. Red flowering Maple. Acer Rubrum. Hoife chefnui, or Buck's eye. iEfculus Pavia. Catalpa. Bignonia catalpa. Umbrella. Magnolia tripetala. Swamp laurel. Magnolia glauca. Cucumber tree. Magnolia acuminata. Portugal bay. Laurus indica. Red bay. Laurus borbonia. Dwarf-rofe bay. Rhododendron maximum. Laurel of the weftern country. Qu. fpecies ? Wild Pimento. Laurus benzoin. Saflafras. Laurus faflafras. Locuft. Robinia pfeudo-acacla. Honey Locuft. Gleditfia. i. b Dogwood. Cornus florida. Fringe, or fnow-drop tree. Chionanthus Virginica. Barberry. Berberis vulgaris. Redbud, or Judas tree. Cercis Canadenfis. Hollv. Ilex aauafolium. Cockfpur haM'thorn. Cratsegus coccinea. Spindle tree. EuonymusEurop^us. Evergreen fpindle tree. Euonymus Americanus. Itea Virginica. Elder. Sambucus nigra. Papaw. Annona triloba. Candleberry myrtle, Myrica cerifera. Dwarf laurel. Kalmia ang-uftifolia 7 ,» t r ., TT ^ • ^ Pc V c called Ivy with us. Kalmia latirolia 3 -^ Ivy. Hedera quinquefolia. Trumpet honeyfuckle. Lonicera femper virens. Upright honeyfuckle. Azalea nudiflora Yellow Jafmine. Bignonia fempcrvirens Calycanthus floridus American aloe. Agave Virginica. Sumach. Rhus. Qu. fpecies ? Poke. Phytolacca decandra Long mofs. Tillandfia Ufneoides 4. Reed. Arundo phragmatis Virginia hemp. Acnida cannibina ( 40 ) Fla.v. Liiuim Virgiuianum Black or pitch pine. Finns tccda Wiiite pine. Pinus flrobus Yellow pine. Pinus Virginica Spruce pine. Pinus ioliis finr^ularibus. Clayton. Hemlock fpruce fir. Pinus Canadcnfis. Arbor vita.*. Thuya occidentalis. Juniper. Juniperus Virginica (called cedar with us) Cyprefs. Cupreflfus diflicha White cedar. Cuprefi'us Thyoides Black oak. (^uercus nigra White oak. Quercus alba. Red oak Quercus rubra. Willow oak. Quercus phellos Chefnut oak. Quercus prinus Blaek Jack oak. Quercus aquatica. Clayton. Ground oak. Quercus puniilla. Clayton. Live oak. Quercus Virginiana. Millar* Black birch Betula nigra. White birch. Betula aiba. Beach. Fagus fylvatica. Afli. Fraxiaus Americana. .; Fraxinus Novae Anglian. Millar. Elm. Ulmus Americana Willow, Salix. Query fpecles ? Sweet gum. Liquidambar fiiyraciflua. The following were found in Virginia when firfl vifited by the Englifli ; but it is not faid whether of fpontaneous growth, or by cultivation only. Mofl probably they were natives of more fouthern climates, and handed a- long the continent from one nation to another of the favages. Tobacco. Nicotiana. Maize. Zea mays. Round potatoes. Solanum tuberofum. Pumpkins. Cucurbita pepo. Cymlings. Cucurbita verrucofa. Squaflies. Cucurbita melopepo. There is an infinitude of other plants and flowers, for an enumeration and fcientific defcription of which I muft refer to the Flora Virginica of our great botanifl:. Dr. Clayton, publifhed by Gronovius at Leyden, in 1762." C 41 ) This nccurate obferver was a native and refident of this iiale, paifed a long life in exploring and defcribing its plants, and is fuppofed to have enlarged the botanical catalogue as much as almoit any man who has lived. Bcfides thefe plant'j, which are native, our farms pro- duce v/heat, rye, barley, oats, buck wheat, broom corn, and Indian corn. The climates fuits rice well enough, wherever the lands do. Tobacco, hemp, flax, and cot- ton, are flaple commodities. Indigo yields two cuttings. The filk-worm is a native, and the mulberry proper tor its food grov.'s kindly. We cultivate alio potatoes, both the long and the round, turnips, carrots, parfneps, pumpkins, and ground liuts (■■\rachis.) Our graffes are lucerne, ft. foin, burnet, timothy, ray, and orchard grafs ; red, white, and yel- low clover ; green-fwerd, blue grafs and crab grafs. The gardens yield muflc-melons, water-melons, toma- tas, okra, pomegranates, iigs, and the efculent plants of Europe. The orchards produce, apples, pears, cherries, quinces, peaches, nctlarines, apricots, almonds and plumbs. Our cjuadrupeds have been moflly defcribed by Linnae- us and Monfieur de BuQon. Of thefe the Mammoth, or big buffaloe, as called by the Indians, muft certainly have been the largeft. Their tradition is, that he was carni- vorous, and ftili exifts in the northern parts of America.' A delegation of warriors from the Delaware tribe having xificcd the governor of Virginia, during the Revolution, on matters of bufmefs, after thefe had been difcuffed and fettled in council, the governor afked them fome queflions relative to their country, and among others, what they knew or had heard of the animal whofe bones were found- at the Saltlicks on the Ohio. Their chief fpeaker im- Rjediately put himfelf into an attitude of oratory, and with a pomp fuited to what he conceived the elevation of hi* fubjefl, informed him that it was a tradition handed down from their fathers, ' That in ancient times a herd ' of thefe tremendous animals came to the Big bone licks, ^ and began an univerfal deftruction of the bear, deer, * elks, bulfaloes, and other animals which had been cre- ' ated for the ufe of the Indians : that the Great Man * above, looking down and feeing this, was fo enraged. C 4^^ ) " that lie feized his lightning, defceilcleu on t]\c earth, ' feated himfeUon a neighbouring moiinrain, on a rock, ' of which his teat and the print of his feet yre ill!! to be * feen, and liurled his bohs among thcni till ilic wiioJe * were flaughtered, except the big bull, who preitiuii^g; * his forehead to the (hafts, Ihook ihem off as they fell ; * but milling one at length, it wounded him in the iuM'. ; * whereon fpringing round, he bounded over the Ohio, ' over the Waba(l), the Illinois, and finally over the grcnt ' lakes, where he is livinc" at this dav.' It is well known that on the Ohio, and many parts in ^\merica further north, tuiks, grinders, and Ikeletons of unparalleled magnitude, are found in great numbers, fome lying oa the furface of the earth, and fome a little below it. A Mr. Stanley, taken prifoner by the Indians near the mouth of the TenalTee, relates, that after being trar.sfer- red through feveral tribes, from one to another, he wa-. at length carried over the mountains weft of the Millouri to a river which runs weitwardly :thatthefe bones abound- ed there ; and that the natives defcribed to him the animal to which they belonged as ftiil exifting in the northern parts of their country ; from which defcription he judged it to be an elephant. Bones of the fame kind have beeii lately found, Ibme feet below the furface of the earth, iri lalines opened on the North Hoi (Ion, a branch of the Te- naffee, about the latitude of 3'61° north. From the a'!'- counts publifhed in Europe, I fuppofe it to be decided, that thefe are of the fame kind with thofe found in Siberia. Inftances are mentioned of like animal remains found hi the more fouchern climates of both hemifpheres, but thev are either fo loofely mentioned as to leave a doubt of the fact, fo inaccuately defcribed as not to authorife the clsl- fmg them with the gieat northern bones, or fo rare a^ to found a fufpicion that they have been carried thither ^s curiofities from m.ore northern regions. So that on the whole there feem to be no certain velliges of the exiftencc of this animal further fouth than the falines laft mention- ed. It is remarkable that the tudcs and fkcletons have been afcribed by the naturalifts of turope to the elephant, while the grinders have been given to the hippopotamus, or river horfe. Yet it is acknowledged, that the tuiks and fkeletons are much larger than thofe of the elephant, and ( 43 ) the grinders many times greater than thofe of the hippo- potamus, and ellentialiy different in form. Wherever thefe grinasrs are found, there alfo we find the tufls.s and flceieton ; but no fl^eieton of the hippopotamus nor grind- ers of the elephant. It will not be faid that the hippopo- tamus and elephant came always to the fame fpot, the former to depofit his grinders, and the latter his tulks and fkeieton. For what became of the parts not depofited there ? We nuift agree then that thefe remains belong to each other, that they are of one and the fame animal, that this was not a hippopotamus, becaufe the hippopo- tamus had no tufks nor fuch a frame, and becaufe the grinders diiTer in their fize as well as in the number and form of their points. That it was not an elephant, I think afcertained by proofs equally decifive. I will not avail myfelf of the authority of the celebrated * anatomid, who, from an examination of the form and ftrufture of the tufks, has declared they were efientially different from thofe of the elephant; becaufe another anatomifl § equal- ly celebrated, has declared, on a like examination, that they are precifely the fame. Between two fuch authori- ties, I v'ill fuppofe this circumftance equivocal. But, i. The feeleton of the mammoth (for fo the incognitum has been called) befpeaks an animal of five or fix times the cu- bit volume of the elephant, as Monfieur de Buffbn has admitted. 2. The grinders are five times as large, are fquare, and the grinding furface ftudded with lour or five rov/s of blunt points ; vrhereas thofe of the elephant are broad and thin, and their grinding furface flat. 3. I have never heard an indance, and fuppofe there has been none, of the grinder of an elephant being found in Ame- rica. 4. From the knovv^n temperature and conftitution of the elephant he could never have exifted in thofe regi- ons where the remains of the mammoth have been found. The elephant is a native only of the torrid zone and its vicinities : if, with the afTiIhmce of warm apartments and warm clothing, he has been preferved in life in the tempe- rate 'climates of Europe, It has ouly been for a fmall por- tion of what would have been his natural period, and no Inftance of his multiplication in them has ever been known. But no bones of the mammoth, as 1 have before obferved, * Himter, § D^ Aubeiitotu [ 44 ] have been ever found further fouth than tiie fallnes of the Holfton, and they have been found as far north as the Arctic circle. Thofe, therefore, who arc of opinion ihat the elephant and mammoth are the fame, mult believe — - I. That the elephant known to us can exift and multiply- in the frozen zone ; cr, 2. That an eternal fire may once have warmed thole regions, and fince abandoned them^ of which, however, the globe exhibits no unequivocal indications ; or, 3. That the obliquity of the ecliptic, when thefe elephants lived, was fo great as to include with- in the tropics all thofe regions in which the bones are found: the tropics being, as is befrre obferved, the na- tural limits of habitation for the elephant. But if it be admitted that this obliquity has really decreafed, and we adopt the higheft rate of decreafe yet pretended, that is of one minute in a century, to transfer the northern tro. pic to the Ardic circle, would carry the exiflence of thefe fuppofed elephants 250,000 years back; a period far be- yond our conception of the duration of animal bones left expofed to the open air, as thefe are in many inftances. Befides, though thefe regions would then be fuppofed with- in the tropics, yet their winters would have been toa fevere for the fenfibility of the elephant. They would have had too but one day and one night in the year, a circumflance to which we have no reafon to fuppole the nature of the elephant fitted. However, it has been de- monftrated, that, if a variation of obliquity in the eclip- tic takes place at all, it is vibratory, and never exceeds the limits of 9 degrees, which is not fufEcient to bring thefe bones within the tropics. One of thefe hypothefes, or fome other equally voluntary and InadmlfTible to cau- tious philofophy, muft be adopted to fupport the opinion that thefe are the bones of the elephant. For my own part, I find it eafier to believe that an animal may have exilted, refembling the elephant in his tuiks, and general anatomy, while his nature was in other refpecls extreme- ly different. From the 30th degree of fouth latitude to the 3cth of north, are nearly the limits which nature has fixed for the exiftence and multiplication of the elephant known to us. Proceeding thence northwardly to 36 i-s degrees, we enter thofe affigned to the mammoth. The O L 45 ] further we advance north, the more their veftlges multl-' ply as far as the earth has been explored in that direction ; and it is as probable as ctherwife, that this progreffion continues to the pole itfelf, if land extends fo far. The centre of the frozen zone then may be the achme of their vigour, as that of the torrid is of the elephant. Thus nature feenis to have drawn a belt of feparation between thefe two tremendous animals, whofe breadth indeed is not precifely known, though at prefent we may fuppofe it about 6^ degrees of latitude ; to have afligned to the elephant the regions fouth of thefe confines, and thofe north to the mammoth, founding the conftitution of the one ia her extreme of heat, and that of the other in the extreme of cold. When the Creator has therefore feparated their nature as far as the extent of the fcale of animal hfe allowed to this planet would permit, it feems pervcrfe to declare it the fame, from a partial refem- blance of their tufks and bones. But to whatever animal we afcribe thefe remains, it is certain fuch a one has exiil- ed in America, and that it has been the largell of all ter- reftrial beings. It fhould have fufficed to have refcued the earth it inhabited, and the atmofphere it breathed, from the imputation of impotence in the conception and nou- rilhment of animal life on a large fcale: to have ftifled, in its birth, the opinion of a writer, the mod learned too of all others in the fcience of animal hiftory, that in the new world, « La nature vivante eft beaucoup moins agif- ^' iante, beaucoup moins forte :'* that nature is lefs adive, lefs energetic on one fide of the globe than fhe is on the other. As if both fides were not warmed by the fame genial fun ; as if a foil of the fame chemical compofition, was lefs capable of elaboration into animal nutriment ; as if the fruits and grains from that foil and fun, yielded a lefs rich chyle, gave lefs extenfion to the folids and fluids of the budy, or produced fooner in the cartilages, mem- brane*, and fibres, that rigidity which retrains all fur- ther extenfion, and terminates animal growth. The truth is, that a Pigmy and a Fatagonian, a JMoufe and a Mam- moth, derive their dimenfions from the lame nutritive juices. The difference of increment depends on circum- * BufFon, xvixi. 122 edit, Paris^ 1764. ( 46 ) Aanrcs unfearcliable to beings with our capacities. Eve- ry race of animals feems to have received from their Maker certain laws of extenfion at the time of their for- mation. Their claborative organs were formed to pro- duce this, while proper obftacles were oppofed to its fur- ther progrefs. Below thcfe liniits they cannot fall, nor rife above them. What internicdiate ftation they fhall take may depend on foil, on climate, on food, on a care- ful choice of breeders. Bvz all the manna of heaven would never raife the moufe to the bulk of the mammoth. The opinion advanced by the Count de Buffbnf, is i. That the animals common both to the old and new world, are fmallcr in the latter. 2. That thofe peculiar to the new are an afmaller fcale. 3. That thofe which have been domefticared in both, have degenerated in America: and 4. Thai on the whole it exhibits fewer fpecies. And the reafon he thinks is, that the heats of A.merica are lefs ; that more waters are fpread over its furface by na- ture, and fewer of thefe drained off by the hand of man. In other words, thTit beat is friendly, and j7ioi/lure adverfe to the produ6lion and developement of large quadrupeds. I will not meet this hypothefis on its firfl: doubtful ground, whether the climate of America be comparatively more humid ^ Becaufe we are not furnirtied with obfervations fufficient to decide this queftion. And though, till it be decided, we are as free to deny, as others are to attirm the fad, yet for a moment let it be fuppofed. The hy- pothefis, after this fuppofition, proceeds to another ; that moijlure is unfriendly to animal growth. The truth of this is infcrutable to us by reafonings a priori. Nature has hidden from us her modus agendi. Our only appeal on fuch queflions is to experience ; and I think that experience is againft the fuppofition. It is by the afliitance of heat and mcijiure that vegetables are elaborat- ed from the elements of earth, air, water, and fire. — • We accordingly fee the more humid climates produce the greater quantity of vegetables. Vegetables are mediately or immediately the food of every animal : and in propor- tion to the quantity of food, we fee animals not only multiplied in their numbers, but improved in their bulk, as far as the laws of their nature will admit. Of thia \ xviii. ICC— 156. ( 47 ) ©pinion is the Count de Buftbn himfelf in another part of his work*: "en general il paroit ques les pays un peu/rw^ *' conviennent mieux a nos boeufs que les pays chauds, ct *' qu'ils font d*autant plus grofs et plus grands que le cli- " mat eft plus hiiinide et plus abondans ^en paturages. *' Les boeufs de Danemarck, dc la Podolie, de I'Ukraine *' et de la Tartarie qui habitent les Calmouques font les *' plus grands de tous.** Here then a race of animals, and one of the largeft too, has been increafed in its dimenfions by cold and vioijlure^ in direct oppofition to the hypothefis, which fuppofes that thefe two circumftances diminifh ani- fi\2\ bulk, and that it is their contraries heat and drynefs which enlarge it. But when we_ appeal to experience, v/e are not to reft fatisfied with a fingle fact. Let us therefore try our queftion on more general ground. Let us take two portions of the earth, Europe and America for inftance, fufficiently extenfive to give operation to general caufes ; let us confider the circumftances peculiar to each, and obferve their eifedt on animal nature. Ameri- ca, running through the torrid as well as temperate zone, has more b.^'at colleftivelv taken, than Europe. But Eu- rope, according to our nypothefis, is the dryest. They are equally adapted then to animal produdions ; each be- ing endowed with one of thofe caufes which befriend an- imal growth, and with one which oppofes it. If it be thought unequal to compare Europe with America, which is fo much larger, I anfwer, not more fo than to compare America with the whole world. Befides, the purpofe of the comparifon is to try an hypothefis, which makes the . fize of animals depend on ihebeat and m&ijiure of climate. If therefore we take a region, fo extenfive as to compre- hend a fenfible diftinftion of climate, and fo extenfive too as that local accidents, or the intercourfe of animals on its borders, may not materially eft'e6l the fize of thofe in its interior parts, we fhall comply with thofe conditions which the hypothefts may reafonably demand. The objeftion would be the weaker in the prefent cafe, becaufe any in- tercourfe of animals which may take place on the confines of Europe and Afia, is to the advantage of the former, Afia producing certainly larger animals than Europe, i^gt us then take a comparative view of the quadrupeds of * viii. 134. [ 48 ] Europe and America, prefenting them to the eye in three different tables, in oneofwhich fliall be enumerated thofe found in both countries ; in a fecond, thofe found in one only ; in a third, thofe which have been domcfticated in both. To facilitate the comparifon, let thofe of each table be arranged in gradation according to their fizes, from the greatefl: to the finallefl:, fo far as their fizes can be conjec- tured. The weights of the large animals fhall be expref- fed in the EngliJh avoirdupoife pound and its decimals : thofe of the fmaller, in the fame ounce and its decimals. Thofe which are marked thus,* are adual weights of par- ticularfubjeds, deemed among the largefl: of their fpecies. Thofe marked thus,t are furnifhed by judicious perfons, ■well acquainted with the fpecies, and faying, from con- jetlure only, what the largefl individual they had feen w^ould probably have weighed. The other weights arc taken from Meffrs. Buffon and D'Aubenton, and are of fuch fubjecls as came cafually to their hands for diffecti- on. This circumflance mufl be remembered where their weights and mine fland oppofed : the latter being flated, not to produce a conclufion in favor of the American fpe- cies, but to juflify a fufpenfion of opinion until we are better informed, and a fufpicion, in the mean time, that there is no uniform difference in favour of either j which is all I pretend. ( 49 ) A comparative View of the Quadrupeds of Europe and of America. I. Aboriginals of both. Mammoth Buffalo. Bifon White bear. Ours blanc, Carribou. Renne. Bear. Ours. Elk. Elan. Original palmated Red deer. Cerf. Fallow deer. Daim. Wolf. Loup Roe. Chevreuil Glutton, G lout an. Carcajou Wild cat. Chat fawvage Lynx. Loup cervier Beaver. Cafior Badger- Blaireau Red fox. Renard Grey fox. Jfatii Otter. Loutre Monax. Marmotie Vfon. Fouine Hedge hog:. Heriffan Marten. Marte Water rat. Rat d\au Weafel. Belette Flying fquirrel. Polatouche Shrew moufe. Mujaraigne Europe. America. lb. lb. *i8oo '537 *4io 288.8 167.8 69.8 56.7 *273 25. 18.5 13.6 t3® *45 8.9 6.5 3.8 ti2 2.2 1.9 0%. 16 7-5 2.2 2.2 I. 02. t4 ( so ^ II. Aboriginals of one only. EUROPE. Safiglier. Wild boar Moujion . U 'tld/hecp Bou'juetin. Wild godt Lievrc. EI a re 7.apin. Riibit Putois. Polecat CyCHette Dcfman. Mu/krat Ecureuil. Squirrel Hertninc. Erniiii Rat. Rat. Loirs Lcrot. Dormoufc Eaupe. Mole Hamjicr Zifel Lcming Sour is. Moufe lb. 280. 56. 7.6 3-4 3-3 3-1 oz.. 11. 8.2 7'S 3-' i.8 1.2 6. AMERICA Tapir Elk, round horned Puma Jaguar Cabiai Eamanoir Tammandua Cougar of N. America Cougar of S America Ocelot Pecari Jaguaret Alco Lama Taco Paca Serval Sloth. Unau Sericoviejuie Kincojou Eatou Kabaffou Urfon. Urchin Rauoon, Rjiton Coaii Coendou Sloth. Ai Sapajou Ouarini Sapajou Coaita Tatou Encubert Tatoii Apar Tatou Cachica Little Coendou Opojfuni. Sarigue 533- t457- 21S. 109. IS- 59'4r 4^-3 43-^ 32.7 27.25 21,5 16-5 16.- 13- 9.S 7- ^•5 ( 51 ) II. Table continued. EUROPE, AMERICA. lb. Tapeii Margay Crabier Agouti 4.2 . Sapajou Sdi ys Tatou Cirquincon • Tatou Tatouate Mouffette Squafh 3-5 Moiffette Chinche Mouffette Conepate. Scunk Moufette. Zorilla Whabus. Hare. Rabbit Aperea Akouchi Ondatra Mujkrat Pilori Great grey fquirrel f2.7 Foxfquirrel of Virginia 12.625 Surikate 2. Mink u. Sapajou. Sajou 1.8 India pig. Cochon'd Inde 1.6 Sapajou Sdimiri 1-5 Phalanger Cequallin Leffer grey fquirrel tr.5 Blackfquirrel ti.5 Red fquirrel 10. oz^- Sagoin Saki [ Si 1 II. Table continued. EUROPE. JMERICJ S again Pincbe Sagoin Tamarin oz. Sitgoin OuiJlHi 4.4 Sc2goin Marakine Sago'tn Mico Cayopolim Fourmi/lier Marmo/e Sarigue of Cayenne Tucan Red mole oz. Ground fquirrel 4- III. Domeflicated in both. Cozo Horfe Afs Hog Sheep Goat Dog Cat Europe. America, lb. 765- lb. *2500 *i366 *I200 67.6 7- *125 *8o H C 54 ] I have not inferted in the firft table the Phoca* nor leather-winged bat, becaufe the one living half the year in the vi'ater, and the other being a winged animal, the individuals of each fpecies may vifit both continents. Of the animals in the ift table, Mof. de Buffon himfelf informs uSj (XXVII. 130. XXX. 213.) that the beaver, the otter, and (hrew moufe, though of the fame fpecies, are larger in America than Europe. This fhould therefore have corrected the generality of his expreffions XVIII. 145. and elfewhere, that the animals common to the two countriej, are confiderably lefs in America than in Europe, ' ct cela fans aucune exception.' He tells us too, (Quad- rup. Vill. 334. edit. Paris ^yjj^ that on examining a bear from America, he remarked no difference, ' dans ' la forme de cet ours d'Am.erique compare' a celui d'Eu- * rope ;' but adds from Bartram's journal, that an Ame- rican bear weighed 4oolb. Englifli, equal to 3671b. French: whereas we find the European bear examined by Monfieur D'Aubenton, [XVII. 82.3 weighed but 1411b. French* That the palmated elk is larger in America than Europe, we are informed by Kalm,t a naturalift who vifited the former by public appointment, for the exprefs purpofe of examining the fubjeds of natural hiftory. In this fa£t R§nant concurs with him. [Barrington*s Mifcellanies."] The fameKalm tells us,| that the black moofe, or renne of America is as high as a tall horfe ; and Catefby,§ that it is about the bignefs of a middle fized ox. The fame ac- count of their fize has been given me by many who have feen them. But Monfieur D'Aubenton faysjl that the renne of Europe is but about the fize of a red deer. The 'Weafel is larger in America than Europe, as may be feen by comparing its dimenfions as reported by Monfieur D'- Aubenton^ and Kahn. The latter tells us** that the lynx, badger, red fox and flying fquirrel, are the fame * It 15 faii^ that this animal is feldom feen above 5cmilrs from fl-.ore or heyo'id the c^^th. decree of laririide. The interjacent illands between Afia and America admit his paiFing from one continent to the other without exceeding ihefe boi:nds. And in fa',^ travellers tell us that t'.iefe illands are places of principal refort lor them, and dpecially in the fcafon of bringing forth their voung. ■\ I. 2?^ Lon. 1772'. X IW. 2:3. $ I. xxvii. |1 XXIV. 162. % XV. 42. ** I. ?59- 1.48.22;. ;i . II. 5.^. ' [ 5S J in America as in Europe : by which cxprefllon I under- Hand, they are the iaine in all material circunillances, in fize as well as others : for if they were fmaller they would differ from the luiropean. Our grey fox is by Catefby's account,* little different in fize and fliape from the Eu- ropean fox. I prefume he means the red fox of Europe, as does Kalm where he fays t that in fize they do not quite come up to our loxes/ For proceeding next to the red fox of America, he fays ' they are entirely the lame with the European fort :' which ihows he had in view one Euro- pean fort only, which was the red. So that the refult of their tellimony is, that the American grey fox is fome- what lefs than the European red ; which is equally true of the grey fox of Europe, as riiay be feen by comparing the meafures of the Count de Buffon and Monf. D'Au- bentonj. The v/hite bear of America is as large as that of Europe. The bones of the mammoth which have been found in America, are as large as thofe found in the old world. It may be alked, why I infert the mammoth, as if it iViW exifted ? I afk in return, why I fliould omit it, as if it did not exift ? Such is the oeconomy of nature, that no inftance can be produced, of her having permitted any one race of her animals to become extind ; of her hav- ing formed any hnk in her great work fo weak as to be broken. To add to this, the traditionary teftimony of the Indians, that this animal ftillexifls in the northern and wef- tern parts of America, wouldbe adding thelightof ataperto that of the meridian fun. Thofe parts fiill remain in their aboriginal fiate, unexplored and undiilurbed by us, or by others for us. He may as well exiff there now, as he did formerly where we find his bones. If he be a car- nivorous animal, as fome anatomifts have conjectured, and the Indians affirm, his early retirement maybe ac- counted for from the general deftruclion of the wild game by the Indians, whicb commences in the hrft inllant of their connexion with us, for the purpofe of purchafing match-coats, hatchets and firelocks, with their (kins. — There remain then the buffaloe, red deer, fallow dceVy wolf, roe, glutton, wild-cat, monax, vifon, hedgehog, H2 * H. ■j'^. f I. 720. X XXVII. 63. Xiy. 1 1(^. Han-is, II. 387. Calvon. Ouad. IX i. C S5 J marten, and water-rat, of the comparative fizes of which we have not fufficient teftimony. It does not appear that Meffrs. deBuffon and D'Aubentonhave nieafured, weigh- ed, orfeen thofe of America. It is faidof fome of them, by fome travellers, that they are fmaller than the Europe- an. But who were thefe travellers ? Have they not been men of a very different defcription from thofe who have laid open to us the other three quarters of the wrrld ? — Was natural hiftory the objeO; of their travels? Did they meafure or weigh the animals they fpeak of ? or did they not judge of them by fight, or perhaps even from report only ? Were they acquainted with the animals of their own country, with which they undertake to compare theai? Have they not been fo ignorant as often to miftake the fpecies ? A true anfw^r to thefe queftions would probably lighten their authority, fo as to render it infufficient for the foundation of an hypothefis. How unripe we yet are, for an accurate comparifon of the animals of the two coun- tries, will appear from the work of Monfieur de Buflbn. "i he ideas v/e fhould have formed of the fizes of fome ani- mals, from the information he had received at his firil publications concerning them, are very different from what his fubfequent communications give us. And indeed his candor in this can never be too much praifed. One fentence of his book muft do him immortal honor. ' J'aime ' autant une perfonne qui mereleve d'une erreur, qu'urie ' autre qui m'apprend une verite, parce qu'en eflet une er- ' reur corrigee eft une veritee'.* He feems to have thought the cabiai he firft examined wanted little of its lull growth. "•' il n'etoit pas encore tout-a-fait adulte.f* Yet he weighed but 4641b. and he found afterwards, + that thefe animals when fullgrown, weigh loolb. He had iuppoled from the examination of a jaugar,§ faid to be two years old, which weighed but i61b. i20z. that when he fliould have acquir- ed his full growth, he would not be larger than a middle fized dog. But a fubfequent account || raifes his weight to 2oolb. Further information will, doubtlefs, produce fur- ther corrections. The wonder is, not that ther*"^ is yet fomethingin thisgreatworkto corred,batthat there isfolit- * Quad. IX. t;3.— t XXV. 184—; ^luid. ]X. 132.— 5 XIX. 2. [I <;)jiatl. iX. ,fe mountains, has often been binugiit to us and ranted, and its horns are in the hands of many. 1 fliould defignate it as the * Aires AmerJcanus cornibus tereiibus.' It were to be wiflied, tbac natural. C ss ) ar, believing it to be different from bot^Ffthe European a- iiiiiials of thofe dencminatinns, and calling it therefore by its Aigonbuin name, Whabus, to keep it diltind from thei'e. Kakn is of the fame opininion.* I have enume- rated the fquirrels according to our own knowledge, de- rived from daily fight of them, becaufelam. not able to reconcile with that the European appellations and defcrip- tions. I have heard of other fpecies,but they have never come -within my notice. Thefe, I think are the only in- itunces in which I have departed from the authority of Monf. de Buffon in the conltruclion of this table. I take him for my ground work, becaufe I think him the beft in- formed of any naturalill who has ever written. The re- fult is, that there are i8 quadrupeds pecuHar to Europe ; more than four times as many, to wit, 74, peculiar to A- rnerica ; that thef firft of thefe 74 weighs more than the iRs who are acqnaintc-d wirl'' tlie renne and elk of Europe, and who may hereafter vifit rhe northern parts oi America, would examine weii the animals called there by the names ol grey and blact moofe, caribou, oriainiil and elk. Moiilieur de ButFon has done what could be done from tiie materials in his hands, toward clearing up the con- lufion introduced by the ioofe application of thei'e names among the animals they are meant to defignate. Ke reduces the whole to the renne and flat-horned elk. from all the information I have been a- ble tocolleft, Ulrongly fufped they will be found to cover three, if tiot four dillindl fpecies of animals. I have feen (kins of a moofe, and of the caribou ; tlicy diil'er more from each other, and from that of the round-horned elk, than 1 evcrfavv two (kins differ which belong-' ed to different individuals of any wild fpecies. Thefe differences are in the colour, length and coarfenefs of the hair, and in the lize, tex- ture, and marks of the ficin. Perhaps it will be found that there is, I. The moofe, black and grey, the former being laid to be the male, and the latter tiie female. 2. The caribou or renne, ^. The flat horned elk, or original. 4. The round horned elk. Should this lalt, though podefiino; fo nearly the chjirsirter of the elk, he found to be the fame with the Cerf d'Ardemies or Erandhirtz of Germany, Hill their will remain i!;e three fpecies iirfl; enumerated. *Ka1mII.?_4o. I. S2. f The Tapir is the larixefl of tlje animals peculiar to America. — I collert his weight tiuis. Ivlonfieur de Euffon fays, XXIII. 274, that he is of the nze of a Zebu, or a fin?ll cow. lie gives us the mea- furesofa Zebu. ib. 94. astnken by himfelf, viz. 5 feet 7 incuts Irom the mazxle to the root of the tail, and 5 feet i inch circumleience t-ehiud the fore legs. A bull, meafuring in tiie (dme way 6 feet 9 jnches and 5 feet 2 inch?s, weiaiel ooolb VIII. 15^. The Zebu then, and of courle the T.ipir, would weigh about 53olb. But one juJividu)) of every fp-cies of Kuropeaa p-culiars would probably weigh lefs than ioslb. Thefe .ire l''icoch meafures nud weights. [ 59 ] whole column of European? ; and coniequentlv th'S fecond table difproves the fecond member of the aflerlion, that rhe animals pecuhar to the new world are on a faiallcr fcale, fo far as that aiTertion reHed on European animals for fupport: and it is in full oppofuion to the theory which makes the animal volume to depend on the circumftances cf beat and moijlure. The Hid. table comprehends thofe quadrupeds only which are domelHc in both countries- That fomeof thefe, in fome parts of America, have become Icfs than their o- rii;inal flocks, is doubtlefs true; and the reafon is very obvious. In a thinly peopled country, the fpontaneous productions of the foreffs and wafte fields are fufficient to fupport indiirerently the domeflic animals of the farmer, with a very little aid from him in the fevereft and fcarceil feafon. He therefore finds it more convenient to receive them from the hand of nature in that indifferent ftate, than to keep up their fize by a care and nourilhment which would coll him much labour. It on this low fare, thefe animals dwindle, it is no more than they do in thofe parts of Europe where the poverty of the foil, or poverty of the owner reduces them to the fame fcanty fubliflence. — It is the unifo;m effect of one and the fame caufe, whe- ther ading on this or that fide of the globe. It would be erring therefore againfl that rule of philbfophy, which teaches us to afcribe like effedls to like caufes, fliould we impute this diminution of fize in America to any imbecili- ty or want of uniformity in the operations of nature. It may be affirmed with truth, that in tiiofe countries, and with thofe individuals of America, where necefhty or cu- riofity has produced equal attention as in Europe to the nourifhment of animals, the horfes, cattle, fneep, and hogs of the one continent are as brge as thofe of the other. There are particular inftances well atteflied, where indivi- duals of this country have imported good breeders from England, and have improved their lize by care in the courfe of fome years. To make a fair comparifon between the two countries, it will not ajifwer to bring together a- nimals of what might be deemed the middle or ordinary fize of their fpecies: becaufe an error in judging of that middle or ordinary fize would varv the refult of the com- ( 6o ) pari^n. Thus Monfieur D'Aubenton** confiders a horfc of 4 feet 5 inches high and 4ooIb. weight French, equal to 4 feet 8.6 inches and 4361b. Knghfli, as a middle fized horfe. Such a one is deemed a fmal,! horfe in America. The extremes muft therefore be reforted to. The fame an- atomiftf diflefted a horfe of 5 feet 9 inches high, French meafure, equal to 6 feet 1.7 Englifh. This is near 6 inch- es higher than any horfe I have feen; and could it be fup- pcfed that I had feen the largeft horfes? in America, the ccnclufion would be, that ours have diminiilied, or that we have bred from a fmaller (lock. In Connedicut and Rhode-Iiland, where the climate is favourable to the pro- dudion of grafs, bullocks have been flaughtered which weighed 2500, 2200, and 2ioolb. nett ; and thcfe of iSoolb. have been frequent. I have feen a hog | weigh iQi^olb. after the blood, bowels, and hair had been taken from him. Before he was killed, an attempt was made to weigh him with a pair of fleel-yards, graduated to i2oolb.! but he weighed more. Yet this hog was probably not within fifty generations of the European (lock. I am well informed of another which weighed iioolb. grofs. AJfes have been ftill more neglefted than any other domeftic ani- mals in America. They are neither fed norhoufedinthemofl rigorous feafon of the year. Yet they are larger than thofe meafured by Mon. D'Aubenton,|| of 3 feet 7^ inches, 3 feet 4 inches, and 3 feet 2 and a half inches, the latter weigh- ing only 215.81b. Thefe fizes, I fuppofe, have been pro- duced by the fame negligence in Europe, which has pro- duced a like diminution here. Where care has been taken of them on that fide of the water, they have been raifed to a fize bordering on that of the horfe; not by the heat and dryv.efs of the clim.ate, but by good food and fhelter. Goats have been alfo much neglected in Ameiica. Yet they arc very prolific here, bearing twice or three times a year, and from one to five kids at a birth. Monfieur de Buffon has been fenf:ble of a difference in this circMmftance in favour of Americaf. But what are their greatefl weights I cannot fay. A large iheep here weighs loolb. 1 obferve Monfieur D'Aubenton calls a ram of 62lb. one of the middle fize.^ * VII. 4^2.— t VII. 474. — X In WiHiarnfl)urgh, April, 1 769. — Ij VIII. 4S. ^!e it i>:e^bication which teaches us to* honour force more than fineu'e : tiiat he will defend himfelf againit an hod of enemies, aU.vays choof- ing to be killed, rather than f to furrcnder, though it be to * Sol Roilomnnre fprezza di venire Senon, uovcln via ineno e (icara, AriuUo. 14. 117. t In fo jiKiicious an anrh(»r as Don Ullon, and one to whom we are Indehted lor ihe n'.ofl precilL- inFormation vsehavc of South Aniericji, 1 did not expect .1) tind rjciiallLTtJons as tlie toUowing. ' ;..os Indios vencidoslon losinas cobardes y puiilanimesqiie le peudcn ver : Schaceri ii.vvntcs, le lnunillan ha'.ta e! defprfcio, difcu'.pnn lii inconfiderado arroio, y coa la-s suplicas y los ruegos dnn ffgtiras priielms dc fa puli- I'lniii'd d. — o \o t\\c reHeren las liiitorias de la Conqviifla, lobrc fi;? grandcs acciones, es en vm i'cndiro fiinirado, o el car^fter de fltas gentes no cs ahora fcgun era entonces ; pero lo que no ticnc duda es, que las Nacionvrs de la parr= Septentrional fniifillcn en la miiina' libertad que fiempre ban tenido, fin ba!';cr fido foiuz»;ndos por algun Principe extrano, y que vivcn fegtin fa rco^iir.en y colhimbres de toda ia vida, fin que liaya habido niotiv o para que ni'jden de carai^ler ; y en eftos fe ve lo milino, que fucede en los del Pern, y de tcda la America Meridional, rcducidos, y que runt a lo I an eflado.' Noticias Americanas. Kntrcteniniento XVlli. ^ i. Don Ulloa here admits, tliac the authors who have dcfct ibcd the Indians of Scuth-America. before they were enilavcd, had rcpref^oted ih.cin as a brave people, and therefore feems to have fufpecied ilvit the cowardice which he had obfcrvcdin thofe of the prelent race nii;;ht be the ctret-l of fubjugation. But, fnppoiingthe Indians of North America to be cowards alf>, he concludes the ancellors of thofe of^ South America to hr.ve bten fc too, and therefore that thofe authors hrve ;2,i\en fictions for truth. He was probably not acquainte'd himfclf wit!i tlie Indians cA' North Ame- rica, and had formed liis opinion of them from h^ar-lhv. Great num- bers of Krtnch, of Knglitli. and of Atnericnnr;, are pcrlecily acquaint- ed vvitli thefe people, fl.ul he had an opportunity of enquiring of anyof thefe, they would have told him, that tin re never was an in- Itance known of an Indian begging his life wlien in the power of his enemies : on the contrary, that he courts dea'h hy every poiTible in- . fult and provocation. His reafoning then would have been rcvrrfed thas. * Since the prefcnt Iv.diin ofMorth America is brave, and aU- I 2 ( 64 ) the v»'hites, who he knows will treat him well : that in o- ther fituations alfo he meets death with more deliberation, find endures tortures with a firmncfs unknovvn almoll to religious enthufiafm with us : that he is affectionate to his children, careful of them, and indulgent in the extreme : that his atiedions comprehend his other connexions, weakening, as with u? , from circle to circle, as they re- cede from the centre : that his friend fnips are ftrong and faithful to the utmofl t extremity : that his fenfibihty h keen, even the warriors weeping moff bitterly on the lofa of their children, though in general they endeavour to ap- pear fuperior to human events : that his vivacity and ac- tivity of mind is equal to ours in the fame fituation ; hence his tagernefs for hunting, and for game of chance. The women are fubmitted to unjufl drudgery. This I believe h the cafe with every barbarous people. With fuch, force is law. The ftronger fex therefore impofes on the ■weaker. It is civilization alone which replaces women in the enjoyment of their natural equality. That fir ft teach- es us to fubdue the felfifli paflions, and to refped thofe rights in others which we value in ourfelves. Were we in equal barbarifm, our females would be equal drudges. The man with them is lefs ftrong than the man with us, tliors tell us, tliat the anceftors of thofe of fouth America •«rere brave al. lb ; it miili: follow, that the cowardice of their defcendants is the ef- fedt of fubjugation and ill treatment.' For he obfervcs, ibid. ^, 27. that , bos obrages losaniquilan por la iiihunianidad con qiiefe les tra- ta*' -j- A rsniarkahle inflance of this appeared in the cafe of th.e laic Col. Byrd, who was lent to the Cherokee nation to tranfacl Tome bu- i; fincfs with (hf in. It happened that fome of our dilordei ly people had M| j\ul killed one or two of that nation. It was therefore propofed in fll tVv council of the Chcrokees th;!t Col. Byrd (houid be put to death, H in revencre for the lofs of their countrymen. Among them was a thief called Siloiiee, who, on fnnie former occafion, had cont rafted au acquaintance &{nt;-dfhip with C ol. Byrd. f.'ecanie 10 him everv night in I)i3 tent, and to'.d him not to be afraid, they fliould not kill him. After nianv days deliberation, however, the determiualion was con- trary to Silouee's expectation, that Byrd fliould be pur todeaih, and fome warriors were dilparchcd as executioners, ^ilouce attended them, an.l w'.ien liiry entered the tent, he threw hitnfclf- betwcf m them a-.id Byrd, and fjid to the warriors ' This niau is my friend : be- fore you j»et at hiiu. you n-iu'l kill me.' On whicl; ihcy returned, & - the council refi-ccted the principle lb much as to recede from their Ac- tfru::i:atiun. ( 65 ) Init their women ftronger tlian ours; aiul both tor the fame obvious reafon ; becaufe our man and their women is habituated to labour, and fonnc 1 by it. With both races the lex which is indulged with cafe i> lea.'t athletic. An Indian man is fniall in the hand and wrifl, for the fame reafon for which afailor is large and ftrongin the arms and Ihoulders, and a porter in the legs and thighs. — They raife fewer children than we do. rhe caufes of this are to be found, not in a difference of nature, but of circum- ilance. The women very frequently attending the men in their parties of war and of hunting, child-bearing becomes extremely inconvenient to them. It is faid, therefore, that they have learned the practice of procuring aboration by the ufe of fome vegetable ; and that it even extends to prevent conception for a confiderable time after. During thefe parties they are expofed to numerous hazards, to exceffive exertions, to the greateft extremities of hunger. Lven at their homes the nation depends for food, through a certain part of every year, on the gleanings of the forell : that is, they experience a famine once in every year. With all animals, if the female be badly fed, or not fed at all, her young perifn : and if both male and female be reduced to like want, generation becomes lefs adlive, lefs produc* tive. To the obftacles then of want and hazard, which nature hiis oppofed to the multiplication of wild animals, for the purpofe of retraining their numbers within cer- tain bounds, thofe of labour and of voluntary abortion are added with the Indian. No wonder then if they mul- tiply lefs than we do. Where food is regularly fupplied, a fmgle farm will fhow more of cattle, than a whole country of foreils can of buffaloes. The fame Indian women, when married to white traders, who feed them and their children plentifully and regularly, who exempt them from excellive drudgery, who keep them ftationary and unexpofed to accident, produce and raife as many- children as the white women. Inftances are known, un- der thefe circumflances, of their rearing a dozen children. An inhuman pradice once prevailed in this country, of making ilaves of the Indians. It is a feci well known with us, that the Indian women foenilaved produced and raifed as numerous families as either the whites or blacks among whom they lived. — It has been faid, chat Indians ( 66 ) liave lefs haif than the whites, except on the head. But this Is a fad of which fair proof can fcarcely be had. With iheni it Is difgraceful to behairy on the body. They fay ic hkens them to hogs. They therefore pluck the hair as fafl as it appears. But the traders who marry their wo- men, and prevail on them to difccntinne this pradice, fay, that nature is the fame with them as with the whites. Nor, if the fact be true, is the confequence neceifary which has been drawn from it. Negroes have notorioufly iefs hair than the whites ; yet they are more ardent. But if cold and moifliure be the agents of nature for diminifhing the race; of animals, how comes {ha all at once to fuipend their operation as to the phyfical man of the new world, whom the Count acknov/ledges to be ' a. peu pres de meme fta- ' tureque Thomme de notre raonde,* and to let loofe their influence on his moral faculties.'' How has this ' combina- * tlon of the elements and other phyfical caufes, fo contra- * ry to the enlargement of animal nature in this new world. * thefe obftacles to the developement and formation of * great germst,' been arrefted and fufpended, fo as to pei*- mit the human body to acquire its juli dimenfions, and by what inconceivable procefs has their adion been direded on his mind alone ? To judge of the truth of this, to form ajuft eftimate of their genius and mental powers, more fadls are wanting, and great allowance made for thofe cir- cuniftance? of their fituation which call for a dlfplay of par- ticular talents only. This done, we (hall probably find they are formed m mind as v/ell as in body, on the fame module with the J ' Homo fapiens Europaius.' The principles of their fociety forbidding all compulnon, they are to be led toduty and to enterprize by perfonal influence and perfua- fion. Hence eloquence in council, bravery and addrefs in war, become the foundations of all confequence with them.' To thefe acquirements all their faculties are direded. Of their bravery and addrefs in war we have multiplied proofs, becaufe we have beenthefubjeds on which they were exer- cifed. Of their eminence in oratory, we have fewer exam- ples, becaufe it is difplayed chiefly in their own councils. Some, however, we have of avery fuperior luflrc. I may challenge the whole orations of Demoilhenes and Cicero, and of any more eminent orator, if Europe has furnifhed tXVill. m6.— :J: Linn. Svft, Definiiicn of a Man. ( 6; ) more eminent, to prcJucc a fingle paflage, fupcrior to the I'pcech oi" Logan, a Mingo chief, to Loi\i Dunmore, whea •governor of this. (late. .And, as a teltimony oF their ta- lents in this line, I beg leave to introduce it, firft Itaiing the iiicidents necclVary for underltanding it. In the fpring of the year 1774, a robbery and murder were comniitted on an inhabitant ot the frontiers of Vir- ginia, by two Indians of tlie Shawanee tribe. '1 he neigh- bouring whites, according to their cuftoni, undertook to punilh this outrage in a fummary way. Col. Crefap, a r.iau infamous for the many murders he had committed on thofe much injured people, collected a party and proceed- ed down the Kanhaway in quelt of vengeance. Unfor- tunately, a canoe of women and children, vithoneman only, was feen coming from the oppofite Ihore, unarmed, and unfufpcding an holtile attack from the whites. Cre- fap and his party concealed themfelves on the bank of the river, and the moment the canoe reached the fhore. Ting- led out their objicts, and, at one fire, killed every per- fon in it. Ihis happened to be the family of Logan, who had long been dittinguifiied as a friend of the whites. This unworthy return provoked his vengeance. He ac- cordingly fignalized hlmfelf in the war which enfued. hi the autumn of the fame year, a decifive battle was fought at the mouth of the Great Kanhaway, between the col- Ic'iled forces of the Shawanees, Mingoes, and Delawares, and a detachment of the Virginia milicia. Tite Indians were defeated, and fued for peace. Logan however dif- dained to be feen among the fuppliants. But, left: the fin- cerity of a treaty fhould be dKlrufted, from which fo difhin- guifhed a chief abfented himielf, he fent by a mefl'cnger the following fpeech to be delivered to Lord Dunmore. ' I appeal to any white man to fay, if ever he entered * Logan's cabbin hungry, and he gave him not meat ; if ' ever he came cold and naked, and he clothed him not. * During the courfe of the lall long and bloody war, Logan ' remained idle In his cabbin, an advocate for peace. Such ' was my love for the whites, that my countrymen pointed ' as they pafled, and faid, ' Logan is the friend of white ' men.' I had even thought to have lived with yon, but * for the injuries of one man. Col. Crefiip, the lalt fpring, ' in cold blood, and unprovoked, rnurdr;rcd all the reh- ( 6S ) ' tions of Logan, not fparing even njy women and children, * There runs not a drop ot" my blood in the veins of any ' living creature. This called on me for revenge. I have ' fought it : 1 have killed many : 1 have fully glutted my ' vengeance. For my country, I rejoice at the beam.s of * peace. But do not harbour a thought, that mine is the ' joy of fear. Logan never felt fear. He will not turn * on his heel to fave his life. Who is there to mourn for ' Logan ? — Not one.* Before we condemn the Indians of this continent as wanting genius, we muft confider that letters have not yet been introduced among them. Were v*'e to compare them in their prefent flate with the Europeans, north of the Alps, when the Roman arms and arts firfl croffed thofc mountains, the comparifon would be unequal, be- caufe, at that time, thofe parts of Europe were fwarming with numbers ; becaufe numbers produce emulation, and multiply the chances of improvement, and one improve- ment begets another. Yet I may fafely afls:, how many good ptoes, how many able mathematicians, how many great inventors in arts or fciences, had Europe, North of the Alps, then produced? And it was fixteen centuries af- ter this before a Newton could be formed. I do not mean to deny, that there are varieties in the race of man, diftinguifhed by their powers both of body and mind. I believe there are, as I fee to be the cafe in the races of other animals. I only mean to fuggefl a doubt, whether the bulk and faculties of animals depend on the fide of the Atlantic on which their food happens to grow, or which- furnifhes the elements of which they are compounded ? Whether nature has enliftcd herfelf as a Cis or Trans- At- lantic partifan ? I am induced to fufpedt, there has been more eloquence than found reafoning difplayed in fupport- of this theory ; that it is one of thofe cafes where the judgment has been feduced by a glowing pen : and whilil I render every tribute of honour and elleem to the cele- brated zoologiff , who has added, and is IHll adding, fo ma- ny precious things to the treafures of fcience, I mult doubt whether in this inltance he has not cherlflied error alfo, by lending her for a moment his vivid imagination and bewitching language. (4) So far the Count de Bufibn has carried this new theory of the tendency ot nature to belittle h:r produLlions on this fide the Atlantic. Its appliciition to the race of whites, tranfplanted from Europe, remained for the Abbe Raynal. * On doit etre etonnc (he fays) que rAnitrlque ' n'ait pas encore produit un bon poetc, un habile ma- * {hematieicn, un homme de genie dans un feul art, ou ' une feule fcicnce.* 7. Hilt. Piiilof. \). 92. cd. Mae- ftricht. 1774. ' America has not yet produced one good ' poet.' When wc (hall have exifled as a people as lon^ as the Greeks did before they produced a Homer, the Romans a Virgil, the French a Racine and Voltaire, the Knpjhfli a Shakefpear and Milton, fliould this reproach be iiill true, we will enquire from wiiat unfrier.dly caufes it has proceeded, that the other countries of Europe and quaters of the earth (hall not have Infcribed any name in the roll of poets.* But neither has America produced ' one able mathematician, one man of genius in a fmgla ' art or a fingle fcience.' In war we have produced a Wafliington, whofe memory will be adored while liber- ty Ihall have votaries, whofe name will triumph over time, and will in future ages aflume its jufl ftation among the mofl: celebrated worthies of the v/orld, when that wretch- ed philofophy Ihall be forgotten which would have arran- ged him among the degeneracies of nature. In phyhcs we have produced a Franklin, than whom no one of the prefent age has made more important difcoveries, nor has enriched philofophy with more, or more ingenious folu- tions of the phenomena of nature. We have fuppofed Mr. Rittcnhoufc fecond to no allronomcr living ; that in genius hemuilbc the firft, becaufe he is felf-taught. As an artift he has exhibited as great a proof of mechanical ge- nius as the world has ever produced. He has not indeed made a world ; but he has by imitation approached near- er its Maker than any man who has lived from the crea« tion to this dav.f As in philofophv and war, fo in govern* K * Has the work' os ^et produced more than two poets, acknow- ledged to be fuch bv ail nations ? An Enolininf.an, only, reads Milton with delight, an Itplian TalTo, a Frencliiiran the Henriade, a Fortii- ^Tuefe Camoens : but Hoiner & Vi; oil have been the rapture nfevery >ge & nation : they are reid with entliuliafm in their ori<;inals by thofa who can read the originals, and in tranllations by tho'e who cannot, -j- There are various ways of keeping truth on: of light. Mr. Ritttn- houfe's model of the planetary fylleni has the plagiary appellation o(' »u Orrery ; and the c^uadraoL invented by Godfrfy; an ."^inencan aU ( 70 ) ment, in oratory, in painting, in the plaftic art, we might iliow that America, tho' but a child of yefl:erday,hasah-eady ■given hoperal proofs of genius, as well of the nobler kinds, which aroule the bcfl; feelings of man, which call him in- to aclion, which fubltantiate his freedom, and conduct him to happinefs, as of the fubordinate, which ferve to amufe him only. We therefore fuppofe, that this reproach is as unjuft as it is unkind ; and that, of the geniufes which adorn the prefent age, America contributes its full Ihare. For comparing it with thofe countries, where genius is mod cultivated, where are the mod excellent models for art, and fcaffbldings for the attainment of fcience, as France and England for indance, we calculate thus. The United States contain three millions of inhabitants ; France twenty millions; and the Britidi iilands ten. Wc produce a Wafnington, a Franklin, a Rittenhoufe. France then iliould have half a dozen in each of thefe lines, and Great-Britain half that number, equally eminent. It may be true, that France has : we are but jud becoming acquainted with her, and our acquaintance fo far gives us high ideas of the genius of her inhabitants. It would be injuring too many of them to name particularly a Voltaire, a Buftbn, the condellation of Encyclopedifts, the Abbe Raynal himfelf, &c. &c. We therefore have reafon to believe (he can produce her full quota of genius. The piefcnt war having fo long cut off all communication with Great Britain, we are not able to make a fair edimate of the date of fcience in that country. The Ipirit in which ihe wages war, is the only fample before our eyes, and that does not feem the ie;riiimate offsprinsf either of fci- ence or of civihzation. The fun of her glory is fad de- icending to the horizon — Her philofophy has eroded the Channel, her freedom fhe Atlantic, and herfelf feems palling to that awful dilfolution, whofe ilTue is not given hu:nan fordiirht to lean.* D irt, and wivh the aul of which the European nations traverfe the globe, is califd h'acUc-y's qiKidrart. * In a la'er ecruion ot the Ahhe Ravnnl's work, he has withdrawn Jiis cenilire from iliat part ol tlie new world iiihahitcd by tlie Fc- cicro Americans ; hut h;^s left it Hill on the other purrs. North- An^e- ric:i h,!"- ai^Ya^s been more acctlhble to ftrangers ilian South. If he -Was n^iitaken then as to the former, he n^ay he To as to the latter. The <;!iu)nierin2.s which reach us from South- America en; ble us on- ( 7'' ) Having given a fKCtcli cfour minerals, vegetables, anJ quaiirupeds, and being led by a proud theory to make a comparifon of the latter with thofe of Europe, and to ex- tend it to the man of Amcriea, both aboriginal and eu;i- grant, I will proeeed to the remaining articles compre- hended under the prefent query. Between ninjty and a hundred of our birds have been defcribed by Cateiby. His drawings are better as to ivvm and attitude, than colouring, which is generally too high. They are the following. K2 iy To fee that its inhabitants are held unrler the accumulateil prf fllire or fliivery, faperdition and ignorance. Whenever tliey (iiall be able to rile under this weight, and to (Low thtmlelves to ilie relt of the ■vvnrl 1, they will probably fliow they are like the red of the world. We have not yet fufhcient evidence that there are more lakes and loas in ?outh America than in other parts ot the earth. 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Tf '^r ro m «-^ "^r T^ u O c^ ^ vri cu) ■/, M ■'-> ^ o oC rt c c P~> ra — If. TJ - '-■ rt — i = H ^ '- S c t/j C i^ tj i^ U U :u o ^ :^ «) dO -— -- — . W rt C3 • -^ n " w> .-! > rt — < -*^ c r/< o 3 rt rt • ^ .-^ C 1- T. Ql ;. ;-■ I u — ►*■< •^ rt ' »J 3 jG ^z v-^ D ^.1 U rt S N rt •J 3 3 U U U tJJ llj K IL» _V^ jr-pi •;: ^ -2 -2 3 C o O 5: 3 3 rt i; k-^ hH ^ ^ ^ H tOoQ 3 S ( 76 ) % s, f-- ■<* CO C4 cri m „ <^i <<"> „• « " ■^^ ~ " ^ -^ rj- r» rr ro..O^'--* ..... 00 CO 00 osoo oocaooos" oooo CNrtcH . E p.1 15 13 o 3 « i- ^ '-> f' u rt ri u *" rt < Cj CTj rt 1- CU PU Ch C- -tf rt rt ca rt 't: (u <; 3 2 . <: C ."^ ^ ■»-> •5 i-5 ^^ pi 3 3 3 5 ° Wc« rt 1) '^ n .- 3 u urea minor -2 C — bfl o S c "^ cu a •5 £ ^ 1 « th 3 3 < u 3 rt u O O 3 3 3 t^ tj '^ c S 3 d cr tr> u\ tr rt W ra 3 en n 3 a O o o U ^ t: , IT-! « rt rt ^' »c; ft:, S- 2^ P-i CO eo 3 3 W « CU C rt rt o o a> L. i-i d^ 1-3 3 c r— 4> P- &cl» c C 3 3 K ■g E J 3 ^- ^1 u s- Cl. Orf 1-H • - rt c^ «. ) Besides these, we hdvc — The Slifldrac'i, or caiiva'! hack H!:.ck hcul B.:IicO()r Spiij; tail Diil.pper, or nonthkk Spoon billnl tliuk Waicr witch \\'.irer-pMeafai)t Mow liir,con And doubtlefs many others which have not yet been dexribed and clalVed. To this catalogue of our indigenous animals, I will add a fhort account of an anomaly of nature, taking place fometirnes in the race of negroes brought from Africa, who, though black themfelves, have, in rare inftances, white children, called Albinos. I have known four of thefe myfelf, and have faithful accounts of three others. The circumftances in which all the individuals agree, are thefe. They are of a pallid cadaverous white, untinged with red, without a.iy coloured fpots or feams ; their hair of the fame kind of white, (hort, coaife, and curled as is that of the negro ; all of them well formed, ftrong, heal- thy, perfefl in their fenfes, except that of fi;2;ht, and born of parents who had no mixture of white blood. Three of thefe Albinos were fiders, having two other full fifters, who wTre black. The youngefl of the three was killed by liQ;htning, at twelve years of age. The cldeft died at a- bout 27 years of age, in child-bed with her fecond child. The middle one is now alive in health, and has ilfue as the elded had, by a black man, which ilfue was black. They are uncommonly flirewd, quick in their apnrehcnfions and in reply. Their eyes are in a perpetual tremulous vibrati- on, very weak and much afieded by the fun ; but they fee much better In the night than we do. They iire of the property of colonel Skipv.'ith, of Cumberland. The fourth is a negro woman, whofe parents came from Guinea, and had three other children, who were of their own colour. She is freckled, her eye-fight fo weak that fte is obliged to wear a bonnet in the fummer ; but it is better in the ni2:ht than day. She had an Albino child by a black man. It died at: the age of a few weeks. Thefe were the property of colonel Carter, of Albemarle. A fixth indance is a woman of the property of Mr. Butler, near Peterfourgh. She is flout and robuif, has ilTue a daughter, jet black, by a black man. I am not informed as to her eye-fight. "^rhe ieventh inRance is of a male belonging to a Mr. Lee, of Cumberland. His eyes are tremulous and weak. He is tall Oi ilature, and now advanced in years. Me is the only male of the Albinos which have come within my lu- formation. Vi^hatever be the caulc of the difeafe in the fkin, ci in its colouring matter, which produces this change, it feems more incident to the female than male fex. To thefe I may add the mention of a negro man within my knowledge, bo.n black, and of black parents ; on whofe chin, when a boy, a white fpot appeared. This contributed to increafe till he became a man by which time it had extended over his chin, lips, one cheek, the under jaw, and neck en that fide. It is of the yllbino white, without any mixture of red, and has for feveral years been ftationary. Heisrobuft and healthy, and the change of colour was not accompanied with any feniiblc difeafe, either general or topical. Of our fifli and infecls there has been nothing like a full defcription or colle^lion. More of them are defcribed in Catefby than any other work. Many alfo are to be found in Sir Hans Sloane's Jamaica, as being common to that and this country. The honey-bee is not a native of cur continent. Marcgrave indeed mentions a fpecies of honey- bee in Brafil. But this has no fling, and is therefore dif- ferent from the one we have, which refembles perfeclly that of Europe. The Indians concur with us in the tradi- tion that it was brought from Europe ; but when, and by whom, we know not. The bees have generally ex- tended themfelves into the country, a little in advance ct the white feltlers. The Indians thereicre call them the C 79 ) wliitt inim's uv, and confiJer their apprmich 3s indicating the approach u: tile Ictticincnts Oi thj \vhif*s. A qucllioii here occurs, how i'ar northwardly have th.-fc infects been found ? That they arc unknown in l.apland, I infer from ScheiFer's information, ihjt the Laphmdcrs eat the pine- bark, prepared in a certain way, inllead of thole thin^^s fweetened with fugar. ' Hoc comeduntpro rebus faccharo * conditis.* SchelF. Lapp. c. 18. Certainly if they hail honey, it would be a better fubftitute for fup^ar than any preparation of the pine bark. Kalm tells us* the honey-bee cannot live through the winter in Canada. 'I'liey furnifli then an additional proof of the remarkable fad: firlt ob- ferved by the Count de Builbn, and uhich h?.s thrown I'uch a blaze of light on the field of natural hiflory, that no animals are found in both continents, but thofe which are able to bear the cold of thofe regions where they prob- ably join. * I, 126. Sj/Eur VII. A NOTICE of all that can incrcafe the progrefs of human knoiijlccl^c ? Under the latitude of this query, I will prefume it not improper nor unacceptable to furnilh fome data for efti- mating the climate of Virginia. Journals of obfervations on the quantity of rain, and degree of heat, being lengthy, f.onfufed, and too minute to produce general and diitincl: ideas, I have taken five years' obfervations, to wit, from 1772 to 1777, made in Williamfburgh and its neighbour- hood, have reduced them to an average for every month in the year, and ffated thofe averages in the following ta- ble, adding an analytical view of the v;inds during the fame period. L2 ( 8o > ti r- O QC ^ _ t^ o-, ■"^ i/-, •^ •^ ^ Cn A ^ rr I-- h^ u-> cc ■o r< r< . •<3- o o nC' A --■ rr, i-i rr M d r\ f-ri m rr rri rJ >-■ ,-o <- / <; r- PT: O o '-r^ Ov O r- "^ 00 NO O- ■; •^ cr cr, CH cs CS I-' rr, ^. rr. A z 1 '^■ A o O O- OO (N ».^ C< r^ 00 rr Irv r4 ^ X ;;:: -^ C-Ti C< '- rr. M en " " cr, ■^ ij^ V .A CO tr, Of. 00 ^ ( "J-. ro nC - 1 A^ J' ^O 00 ■^ r~ 00 1 O O 00 IAN - 1 On _<> '' Z ^ 'i- -+ Ov r-- rr, r- On o NO On O J J l-H 1— t taM t-H k— ^ .-. ^-' t. K , , •-'> '^ o l-H 00 O rr, ^ »v^ O GO l/^ ->- 1 <7 1 rr, »-^ HH r« 1^ « ** vi nO ^ tv. -vT >^ nO fi f^ A J^ r^ (M ^t 'T ■^ tT ■^ W o r- r-- ,, v" 1 z ■^ ■^ ^ '5- or, rri ^ i,/^ NO r- o rr, <■ " j^ o •-^ r^ r< _ rr o r-4 ■^ •^ z I-- ■O ^q- cr. cs M ■^ r- '^, r-~ VO » ; "^ 1 NT r. ».|t< H" -1-. -in -1* -|o •-I-:: Hc- -,|^ -1- r-« O CO HI ■<7~ nO OO ^-l ■^ w-1 nC r~- 00 00 r- nC ^ V -1- 11 . c: c •.. 4j i, .• •^ O 1 *^ V- fciJ ^ P y ^-^ i % X "^ w n -Ic- -\f ►•"t «Kv -l^t •^\-! '■ PS rt 4J 03 00 vT^ ro. ^- r^ — r r<^ A K 1' ^. Cf ^ •^ ^ >o r- - NO ~^' ^~ lo: V 1 r-l • o 1-^ CO — ►- r- r^ rr, r~ A '^ irri o ■ ^3- o o NO tr. 00 1^ O ■sl- 0-( nC 1^ rr NO nO 1 1 r O "- "" — CO r» c« ■ < P Xj c/: O E II C The rains of every month, (as of January, for inflance) through the uhcle period cf years, were added feparatelv, and on average drav^'n from them. The cooled and warm- efl point of the fame day in each year of the period, were added feparately, and an average of the grtateft cold and grLLitell heat of the day, was formed. From the aver- ages (.)f every day in the month, a general average for the whole month v.as formed. The point from which the wind Llcv. uac clfc'rvcd tv.oor th:-^c tiir.es in everv dav. ( ^^i ) Thefe obfervatlons, in the month oT January, for iuflancc, through the whole period, amouiitcJ to 337. At 73 of thcfe, the wind was from tlie north ; at 47 fnxii the North- eail, kc. So that it will be eai'y loleein what proportion each wind ufually prevails in each month : or, taking the whole year, the total of ohfervations through the whole period haviiig been 369S, it will be oblerved that 611 ol them were from the Nopth, ^538 from the North-eaft, &c. Though by this table it appears we have on an average 47 inches of rain annually, which is conhderably ntore than uiuallv falls in Europe, yet from the information 1 have coilcilej, I fuppofe we have a much greater proportion of funfhine here than there. Perhaps it will be found, there are twice as many cloudy days in the middle parts r-f Europe, ai in the United States of America. 1 men- tion the middle parts of Europe, becaufe my infjrmatiori doe;-; not extend to its Northern or Southern parts. In an extenfive country it will of courfe be expe'3;ed that the climate is not the fame in all its parrs. It is re- markable, that, proceeding on the fame parallel of latitude weflwardly, the climate becomes colder in like manner as when you proceed northwardly. This continues to be the cafe till you attain the fummit of the Alleghaney, which is the higheft land between the ocean and the Mi'lillippi. From thence, defcending in the fame latitude to the Mil- fillippi, the change reverfes ; and if we may believe tarvel- lers, it becomes warmer there than it is in the fame lati- tude on the fea fide. Their tefhimony is ftrengthened by the vegetables and animals which fubfift and multiply there naturally, and do not on our fea-coafl. Thus Catal- pas grow fpontaneoufly on the MifliiTippi,as far as the lati- tude of 37*^, and reeds as far as 38". Perroquets even win- ter on the Scioto, in the 39th degree of latitude. In the fummer of I 779, when the thermometer was at 90^ at Monticello, and 96 at Williamiburgh, it was 110° at Kaf- kaikia. Perhaps the mountain which overhangs this vil- lage on the north fide, may, by its reflexion, have contri- buted fomewhat to produce this heat. The dilference of temperature of the air at the feacoaft, or on the Chefa- peak bay, and at the Alleghaney, has not been afcertain- ed ; but cotemporary ohfervations, made at Williamf- burgh, or ir. iis neighbourhood, and at Monticello, which ( 82 ) is on the moft eaflern ridge of the mountains, called the South W eft, where they areinterfedled by theRivanna, have furniilied a ratio by v/hich that diti'erence may in iQms de- ' gree be conjetLured. Thefe obfervations make the dif- ference between WilliamfburT-h and the neareftimountainf, atthe pofition hefore-mtntioned, to beon ?n average i-8 degrees of Farenheits's thermometer. Some allowance, however, is to be made for the diilerence of latitude be- tween thefc two places, the latter being 38^ 8'^ 17^^ which is 52' 22'^ North of the former. By cotemporary obferva- tions of between five and fix weeks, the averaged and al- moft; unvaried difference of the height of mercury in the barometer, at thofe places, ^vas .78401 an inch, the atmof- phere at Monticello being fo much tlie lightefl:, that is to fay, about one-thirty-feventh of its whole weight. It fliould be obferved, however, that the hill of Monticello is of 500 feet perpendicular height above the river which wafhes its bafe. T^h pofition being nearly central be- tween our northern and louthcrn boundaries, and between the bay and i\ lleghaney, may be confidcred as furnifliing the belt averageof the temperature of our chmate. Wil- liamlburgh is much too near the South-eaftiern corner to give a fair idea of our general temperature. But a more remarkable diilerence is in the winds which prevail in the different parts of the country. The follow- ing table exhibits a comparative viev/ of the winds pre- vailing at Williamfburgh, and at Monticello. It is form- ed by reducing nine months obfervations at Monticello to four principal points, to wit, theNorth-eaft, South-eaft, South-weft, and North-well; thefe points being perpen- dicular to, or parallel with our coaft, mountains, and ri- vers : and by reducing in like manner, an equal number of obfervations, to vi^it, 421 from the preceding table of winds at Williamfburgh, taking them proportionally from every point. ! ! S.E. b. Vv. 101 172 rotai.j Wiiliamfbuigh! 127 61 132 421J ?»]onticello I 32 91 126 421 ( S3 ) By ihi:^^ it nir.Y befceiuhat thcSouih-weR winJ prevails equally at both places; that theNorth-eiiH: is, next to thi^', ii:e priiicipiil wind touaixU the Tea coaft, and thcNorth- wefl is the prcdon)inant wind it the mountains. The dif- ference between thcfe two winds to fenlation, and in fact^ is very p,rcat. The North-eafl is loaded with vapour, in- ionuicl), that the r-,'oo 2ic^ 162-^' -V 00 - l6;5 2 1 2COO 1^1 44 1 .pJi 1645 5^ CO 165. 70.. 1694 ^ioo I 7:0 2 2,OOu 174^ " 8 2 . 1 CO l7>o lOO.CO 1772 ( c;.coo 17^2 1 567,614 nci- k 5pr Sfe. •ft- & !fe ffe- ( 9° ) fore, \yc find that from thence to th^ year i 772, our tythes line, incrcafed from 7209 to 153,000. The whole term bciijg of 118 years, yields a duphcation once in every 27'^- Yt\irs. I'he intermediate enumerations taken in 1700, 1748, and 1759, furnifii proofs of the uniformity of this progrefiion. Should this race of increafe continue, we iliall have between Ihz and feven millions of inhabitants within ninety-iive years. If we fuppofeour country to be bounded at ionie future day, by the meridian of the mouth of the Great Kanhaway, within which it has been before conjectured, are 64,46 i fquare miles, there will then be IOC inhabitants for every fquare mile, which is nearly the (Late of population in the Britiln illands. Here I will beg leave to propofe a doubt. The prefent defireof x\merlcais to produce rapid population by as great importations of foreignerj as poilible. But is this founded in good policy ? The advantage propofed is the multipli- cation of numbers. Now let us fuppofe, for example on- ly, that in this flate, we could double our numbers in one year by the importation of loreigners ; and this is a great- er acceffion than the moil fj*nouine advocate for emiffra- tion has a light to expert. Then I fay, beginning with a double ibock, we ihall attain any given degree of popula- tion only 27 ycaisand three months focner than if we pro- ceed on our fingle (lock. If we propofe four millions and :• half as a competent population for this Hate, wefhould' be! £^4 t years attaining it, could we at once double our iiuiVibero : and oij- years, if v/e rely on natural propaga- tion, as may be feen by the foliovi.'ing table. r787 jiSoSi procepcliiu'5- on our i. 5675614 ProceedintJ on a 1,135,228 1,135,228 2,270,456 i835i .862- 1— i 2,270,456' 4,540,912 4,540,912 In tlie fvrOi column are dated periods of 27; year?; in 'the fecGiid are cur nuv.iber^-, at each period as they. I C 9' ) Nvlil be If we proceed en our aclual flock ; nud in llie third are what they would be, at the lame i)eri()ds, wcrvi we to fet out from the double of our prefent itock. I havii taken the term ot four millions and a half of inhabitant! for example's fake only. Yet 1 am perfuaded it is a great- er number than the country fpokcn of, cnnlidering how much inarrable land it contains, can clothe and feed, without a material chany;-e in the quality of their diet. But are there no incoaveniencics to be thrown i)«to the fcale ap^ainft the advantage expeiSted from a multiplication ot numbers by the importation of foreigners ? It is fi)i- the happinefs of thofe united in focicty to harmonize a-; much as pofrible in matters which they mult of necellity tranfact together. Civil government being the fole ob- ject of forming focicties, its adminjdraiion mult be con- duced by common confent. Every fpecies of government has its fpecitic principles. Ours perhaps are more pecu- liar than thole of any other in the univerfe. It is a coni- pofition of the freed principles of tlie Englifii conflitution, with others derived from natural right and natural reafon. To thefe nothing can be more oppofed than the maxims of abfolute monarchies. Yet, from IV.ch, we are to expecb the greatefl number of em.igrants. They will bring with them the principles of the governments they leave, im- bibed in their early youth ; or, if able to throw ihtni olF, it will be in exchange for an unbounded licentioufnefv, pafling, as is ufual, from one extreme to another. It would be a miracle were they to (top precil'ely at the point of temperate liberty. Tiiefc principles, with their lan- guage, they will tranfmit to their children. In propor- tion to their numbers, they will fliare with us the legif- htion. They will inf. 'e into it their fplrit, warp and bias iis directions, and render it a heterogeneous, incoherent, dillratled mafs. I may appeal to experience, during the prefent conteit, for a verification of thefe conjectures. Bur, it they be not certain in event, are they not poiuble, arc they not probable ? Is it not fafer to wait with patience 27 years and three months longer, for the attainment of any degree of population delired or expected ? May not our government be more homogeneous, more peaceable,- more durable? Suppofe 20 millions ot republican Ameri- cans thrown all of a fadden into France, nhat would be the ( 92 ) corxdidon of that kingdom ? If it would be more turbu- lent, lefs happy, lefs liroiig, we may believe that the addi- tion of half a million of foreigners to our piefent num- bers would produce a fimilar etled: here. If they come of themfelves, they are entitled to all the rights of citizen- fnip : but I doubt the expediency of inviting them by ex- traordinary encouragements. I mean not that thefe doubts iliould be extended to the importation of ufeful artificers. The policy of that meafure depends on very different con- liderations. Spare no expence in obtaining them. They will after a vv'hile go to the plough & the hoe ; but in the mean time, they will teach us fomething we do not knovv". It is not [o m agriculture. The indifferent Hate of that a- |, .mong us does not proceed from a want of knowledge merely ; it is from our having fuch quantities of land to wafle as we pleaie. In Europe the objecl is to make the jnoll of their land, labour being abundant ; here it is to make the moll of our labour, land being abundant. It v/ill be proper to explain how the numbers for the year 1782 have been obtained ; as it was not from a per- fect cenfus of the inhabitants. It will at the fame time develope the proportion between the free inhabitants and ilaves. The following return of taxable articles for that year was given in. 53,289 free males above' 2 1 years of age. 211,698 Ilaves of all ages and iexes. ' 23.766 not dillinguilhed in the returns, but faid to be tytheable Ilaves. \95A39 ^'Orfes. 609,734 cattle. 5,126 wheels of riding-carriage?. 191 taverns. There were no returns from the 8 counties of Lincoln, Jefferfon, Fayette, Monongalia, Yohogania, Chio, Northampton, and York. To find the number of Haves which iliould have been returned indead of the 23,766 rytheables, we muil mention that fome obl'trvations on a former cenlus had given reafon to believe that the num- bers above and below 16 years of age were equal. ' The ilouble of this number, therefore, to wit, 47,532 muil: be added to 21 1,693, vhich will give us 259,230 Ilaves of all ages and iexes. To find the number oi free inhabi- ( 93 ) tants, we muft repeat die oblervation, that thofj above and below i6 are nearly equal. But as the number 53,289 omits the males below 16 and 21 we muft fupply them from conjecture. On a former experiment it liad appeared that about one-third of oar mihtia, that is, of the males between 16 and ^o, were unmarried. Knowincr how early marriage takes place here, we fliall not be iar wrong in fuppofing that the uninarried part of our miliiia arethofe between iC and 21. If there be young men who do not marry till after 21, there are many who marry before that age. But as the men above 50 were not included in the militia, we willfuppofe the unuKirrlcd, or thofe between 16 and 21, to be one-fourth ot the whole number above 16, then we have the following calculation : 53,289 free males above 2 1 years of age. 17,763 free males between 16 and 21. 71,052 free males under 16. 142,104 free females of all ages. 284,208 free inhabitants of all ages. 259,230 Haves of all ages-. 543,438 inhabitants, exclufive of the 3 counties from which were no returns. In thefe 8 counties in the years 1779 and 17805 were 3,161 militia. Say then, 3,161 free males above the age of 16. 3,161 ditto under 16. 6,322 free females. 12,644 ^^cc inhabitants in thefe 8 counties. To find the number of Haves, fay, as 284,208 to 259,230, fo is 12,644 to I Ii5j2. Adding the third of thefe numbers to the firll, and the fourth to the fecond, we have, 296,852 free inhabitants. 270,762 flaves. 567,614 inhabitants of every age, fex, and condition. But 296,852, the number of free inhabitants, are to 270,762, the number of flaves, nearly as 1 i to 10. Un- der the mild treatment our flaves experience, and their wholefome, though coarfe, food, this blot in our country increafes as faff, or failer, than the whites. During the N (94,) regal government, we had at one time obtained a law, which impofed fuch a duty on the importation of fiaves, as amounted nearly to a prohibition, when one inconfi- derate aflembly, placed under apecuharity otcircumftance repealed the law. This repeal met a joyful fan dion from thethen fovereign, and no devices, no expedients, which could ever after be attempted by fubfequent aflemblies, and they feldom met without attempting them, could fuc- ceed in getting the royal affent to a renewal of the duty. In the very firft feffion held under the repubhcan go- vernment, the aflembly palled a law for the perpetual prohibition of the importation of ilaves. This v/ill in fome meafure flop the increafe of this great political and moral evil, vrhiie the minds of our citizens n:iay be ripening for a complete emancipation of human nature. 9UERr IX.. I J^ II E yiumhcr and condit'iQn of the v.iiliiia and regular troops.^ and ibelr pay ? The following is a flate of the militia taken from returns of i78o^nd 17SI5 except in thofe counties marked with an alteriiK, the returns from which are fomewhat older. Every able bodied freeman, between the ages of 16 and 50 is enrolled in the militia. Thofe of every county are formed into companies ; and thefe again into one or more battalions, according to the numbers in the couRty. They are commanded by colonels, and other fubordinate offi- cers, as in the regular fervice. In every county is a coun- ty- lieutenant, who commands the whole militia of his coun- ty, but ranks cnly as a colonel in the field. We have no general oflicer aKvays exiiiing. Thefe are appointed oc- cafionally, when an invafion or infurredion happens, and their commi/Iion determines with the occalion. The go- vernor is head of the military, as well as civil power. Ihe law requires every militia-man to provide himfelf with the arms ufual in the regular fervice. But this injunfti- i^ii was always indijTerently complied with, and the arms ( 95 ) Siiu.iiiun Counties. Militia"' V situation. CuLlIllitS. ^^lIiti 11 Lincoln 60O '{ rt Grci iifl'x i'l'ic :co jeifcilon -., , ■ :-: iDiinviddic ■ "^^CJ ?r Kayette irScrfic'ld ''5 5 y s'S; Ohio „J i.iuicc George 3'? Moiionwalia *iooo V t^ c^h^TV : ^'0 Wafliington *S29 \ 1071 V Snil^x » -Qrj *- <; Monigonicry 1^ > Southampton 874 ?: Grcenbiiar 502 i Hie of \Vi«ht H'C:. -' ci (/) Nanfcmond '6.i4 ■ D i^ampfl.ire 9-0 { p Norfolk — -T3 Berkeley rVederick. She nan do *noo X 1143 I *()2S V hI, I'rincefs Anne ■' ^9 ^ 4> U CO 4J Henrico 61 () Rockingham 875 X — Hanover 70A Augulta 1575 t u -S \'cw Kent *4'8 ? ^ Rockbridge ■''625 V ^ t;i^ Charlesciiy 7?.h Botetourt *7CO X c: Ij c fames city 235 V ■^ \ViHiamfbur"'n I2V *-2 44 Loudoun T746 5 C York Faquier I078 t c « a Warwick *IOU Culpepper Spotl'ylvania Orange I513 I 480 Q *6oo$ C9 Elizabeth city - 1F2 ^ S Caroline 80 c Louifa 603 }, t- < c King William 4;6 ^ Goocliland *5SO c n vr. jibing (X Queen 500 "73 Fluvanna *296 V 9 fcc^JEflex 4^.3 Albemarle S73 X c f .5 Middlefex *2I0 C Aniherft Buckingham Bedford R96 h *625 X 1 :;oo X H ^S Gloucerter 850 ^00- bJ303 i 1^ Fairfax 652 :ec-" Henry 1004 z PrinceWiliiam 614 U »4 Pittfvlvania *725 y ^^ . Sraflord *500 1> ilaliFax *ir?9 X ^ - King George 48? s Charlotte 612 >^ Richmond 412 u i-'rince Edward 580 \Veftmorel?nd 544 ■" Cumberland 40S t Northumber'd 630 o P.nvh.atan ??o (j Lancaller 302 ^ Amelia Lunenburg Mecklenburg *ii25 677 X 1 100 A C9 1 H Accomac N'orthampton '12(8 *430 Srunlwick SS9 y -j^-;; - ■vIioIl- Militia of the State l49';7i they had have been fo frequently called for to arm the r^!-. gulars, that in the lower parts of the country, they are en- tirely difarmed. In the middle country a fourth or fifth part of them may have fuch firelocks as they had provid- ed to deitroy the noxious animals which intcft their farms : N2 ( 96 ) an J on tie weilern fide of the Blue ridge they are gene- rally cirmed with riflcs. Thepay ofour rniliLia,as wellas of our regulars, is that of the continental regulars. Ihe condition of our regulars, of vvhotovve have none but conti- nentals, and part of a battalion^of ftate troops, is fo con- flantly on the change, that a Hate of it at this day would not be its (late a month hence. It is much the fame with the condition of the other contmental troops which is well enough known. ^U£Rr X. 3 HE marine ? Before the prefent invafion of this ftate by the Britiih uiider the command of General Phillips, we had three vef- iels of 16 guns, one of 14, five fmall gaiiies, and two or three armed boats. They were generally fo badly manned us feldom to be in condition for fervice. Since the perfect poifcfiion of our rivers ajlumed by the enemy, I believe we are left with a fingle armed boat only. ^UEKT XI. 1l DESCRIPTIO!^' / /& Indians ef.ablified in that "When the firfl effeOual fcttlement of cur colony was n:ade, which was in ^607, the country from the lea-coalt to the mountains, and from Potowmac to tlie moftfoutlicrn waters of James river, was occupied by upwards of forty diiiersnt tribes of Indians. Of thefe the Pcivbaiars, the NIannahoacs, and Monacc:r.s, were the molt powcfrful. 'J hole between the fea-coait and falls of the rivers, were in amity with oiie another, and attached to the Foivhataiis : s their Kiik of union. I'hoie between the falls of the ri- vers and ihe iiiounLciins, w'cTc divided into two confedera- NORTH. Betwren P^roiVMAC and Rapi'Ahannoc, Between Rappahannoc and York. M A N A H O A C S. P O W H A T A N S. T R I D K Whonkenties regHinaties Ontponics fauxitanians Haflinungaes Stegarakics Sliackakonies Manahoacs Country. Fauquier Culpepcr Orange Fauquier Culpeper Orange Spotfylvania Staftovd. Spotfylvanif Chief Town Warriors. 1607 1669^ S M O N A C A N S. Between ToKK and Jambs. Mons Monaficcapanoes Between James and Cabolina. Monahaffanoes Maffinacacs Mohemenchocs Eastern Shore. James R.above the falls Loulfa. Fluvanna Bedford. Buckingham Cumberland Powhatan Fork of James R S Tauxenents (J Patowomekes J» Guttittawomans S Piffdfecs r Onaumanients S Rappahanocs Jj Moraughtacunds S Secacaonies I, Wighcocomicoes h Cuttatawomans S S U N T R Y. C H I E I' T W N S. Fairfax St.;trord. King George King George King Geo. Richmond VVcltmoreland Riclimond county Lancaller. Richmond Nortliumberland Northumberland Lancaller ^ NantaughtacundsEffex, Caroline S Mattapoments L Pamunkies ._S Werowocomlcos ^ Payankatonks Mattapony river King William Gloucelter Piankatank river 30 j^ Youghtanunds Pamunkey river Cliickahominy river S Chickahominies S Powhatans ^ Arrowhatocs S Weanocs J* Pafpaheghes S ChiHclacs tj Kccoughtans S s S Appamattocs / Quiocohanoes S Warrafqueaks Jj Nafamonds S Chefapeaks S S Accohanecs Ij Accomacks Henrico Henrico Charles city Charles city. James city York Elizabeth city About General Walhington's Patownac creek About Lamb cretk Above Leeds town Numony river Rappahanoc creek Moratico river Coan River Wicotomico river Gorotoman Port tobacco creek Romuncock About Rofewell Turk's Ferry. Grimelby Orapaks Powhatan. Mayo'a Arroiiatocs Weynoke Sandy point Cliifkiac Rofcows Chefterfield Surry Ifle of Wight Manfamond Princefs Anne jBermuda hundred About Upper Chipoak jWairafqueoc About the mouth of Weft, brand About Lynhaven river Accom. Northampton Northampton Accohanoc river About Cheriton's Warriors. 1607 166'^ 50 900 100 100 80 30 |.'50 30 150 30 TOO 40 55 60 ■250 40 30 100 40 45 20 60 25 200 100 40 80 60 30 40 70 60 20 50 60 10 15 15 50 3 Pohi 45 f By the name of Mat- I chotics. U M.vcho- i die. Nanzaticos. Nan- I zatico. Appamato.x (, Matox. by the name of Totulkeys M^ottoways VIeherrics futelocs 1669 90 50 This Tabic to be placed between Pages 96 and 97. J SOUTH. ( 97 ) cles ; the tribes inhabiting the head waters oT Potowmar and Rappahanoc being attached to the Mannjhoacs ; and thofe on the upper parts ot James river to the Mutidcans. But the Moiuuans and their friends were in amity with the Mannahoacs and their friends and waged joint and per- petual war againfl the Pozubatam. We are told that the PTjjhatatu^ Mannahoacs, and Monacans, fpoke language {o radically differenr, that interpreters were neccliary when they tranfafted bufinefs. Hence we may conjedure, that this was not the cafe between all the tribes, and probably that each fpoke the language of the nation to which it was attached : which we know to have been the cafe in many pariicular inllances. Very pcllibly there may have be.n anciently three dilferent ftocks, each of which mul- tiplying in a long courfe cf time, had feparated into fo ma- ny little focieties. This practice refults from the circum- flance of their having never fubmitted themfelves to any laws, any coercive power, any fliadow of government. Their only controuls are their manners, and that moral fenfe of right and wrong, which, like the fcnfe of tafting and feeling, in every man makes a part of his nature. Aw offence againlt thefe is puniihed by contempt, by exclufi- on from fociety, or, where the cafe is ferious, as that of murder, by the individuals whom it concerns. Im- perfedl as this fpecies of coercion may feem, crimes are ve- ry rare among them : infomuch that were it made a quef- tion, whether no laws as among the favage Americans, or too much law, as among the civilized Europeans, fub- mits man to the greated evil, one who has feen both con- ditions of exiflence would pronounce it to be the lad : and that the fneep are happier of themfelves, than under care of the wolves. It will be faid, that great focieties can- not exift without government. Thefavages therefore break them into fmall ones. The territories of the Powhatan confederacy, fotith of the Potowmac, comprehended about 8coo fquare miles, 30 tribes, and 24C0 warriors. Captain Smith tells us, that within 60 miles of James town were 5000 people, of whom 1500 were warriors. From this v/e find the propor- tion of their warriors to their whole inhabitants, was as 3 to 10, The Powhatan confederacy then would confift of about 80C0 inhabitants, which was one for every fquare mile, being about the twentieth part of our prefent popu- ( 9S ) lation In the fame territory, and the hundredth of that of ihe Britifli iflands. Bcndes thefe were the Nottoivays, Hving on Nottoway river, the Meherrhis and Tiitelocs on Meherrin river, who were connected with the Indians of CaroHna, proba- bly with the Chov/anocs. The preceding table contains a ftate. of thefe feveral tribes, according to their confederacies and geographical fituation, with their numbers when we firfl became ac- quainted wirh them, where thefe numbers are known. — 'rhe numbers of fome of them are again dated as they were in the year 1 669, when an attempt was made by the alTem- bly to enumerate them. Probably the enumeration is im- perfed", and in fome meafurc conjecliural, and that a fur- ther fearch into the records would furniHi many more particulars. What would be tlie melancholy fequel of their hillory, may however, be argued from the cenfus of 1669; by which we difcover that the tribes therein enu- merated were in the fpace of 62 years, reduced to about one-third of their former nunrbers. Spirituous liquors, the fm all-pox, war and an abridgement of territory, to a peo- ple who lived principally on the fpontaneous produdions of nature had, committed terrible havoc among them, which generation, under the obftacles oppofed to it among them, was not likely to make good. That the lands of this country were taken from them by conqueft, is not fo ge- neral a truth as is fuppofed. I lind in our hiftorians and records, repeated proofs of purchafe, which cover a con- liderable part of the lov/er country ; ?nd many more would doubtlefs be found on further iearch. The upper country we know has been acquired altogether by purchafes made in the moil unexceptionable form. Weitward of all thefe tribes, beyond the mountains, and extending to the great lakes, were the MaOawomees^ a mofl powerful confederacy, who harralfed unremitting- ly the iowhatans and Manaboncs, Thefe were probably the anceflors of tribes known at prefent by the name of the Six Niilions. Very little can now be difcovered of the fubfequent hif- tory of thefe tribes feverally. The Cbickahominies remov- ed about the year 1661, to Mattapony river. Their chief, with one from each of the tribes of the iL'amunkies and ( 99 ) Mattaponles, attended the treaty cfrMbnny In 1685. This fcems to have been the lalt chapter in their hiftory. 1 hey retained however, their feparatc name fo late as 1705, and were at length blended with the Pamunkics and iVJattapo- nics, and exifl: at prefent only under their names. There remain of the MaUaponies three or four men only, and they have more negro than Indian blood in them. They have loft their language, have reduced themfelvcs, by vo- luntary fales, to about fifty acres of land, which lie on the river of their ovv^n name, and have from time to time, been joining the Pamunkies, from whom they are diftant but ten miles. The Famunkla are reduced to about ten or twelve men, tolerably pure from mixture with other colours. The older ones among them preferve their lan- guage in a fmall degree, which are the lalt veltiges on earth, as far as we know of the Powhatan language. They have about 300 acres of very fertile land, on Panumkey river, fo encompafl'ed by water that a gate Ihuts in the whole. Of the Ncttoways not a male is lefr. A few wo- men conflitute the remains of that tribe. They are feated on the Nottoway river, in Southampton county, on very fertile lands. At a very early period certain lands were marked out and appropriated to thefe tribes, and were kept from encroachment by the authority of the laws. — «■ They have ufually had truftecs appointed, v.hofe duty was to watch over their intereds, and guard them from infult and injury. Ihe Monacam and their fiicnds, better known latterly by the name oiTufairoras^ were probably conne61:ed with the MafTawomees, cr Five Nations. For though we are* told their languages were fo different that the intervention of interpreters v;as ncceffary between them ; yet do we alfof learn that the Erigas, a nation formerly inhabitinrj on the Ohio, were of the fame original ftock with the P'ive Nations, and that they partook alfo of the Tufcarora lan- guage. Their dialefts might by long feparation, have becom.e fo unlike as to be unintelligible to one another. — We know that in «7i2, the Five Nations leceived ihfj Tufcaroras into their confederacy, and made them the Sixth Nation. They received the Mcherrins and Tuteloes alfo into thtir protcdicn : and it is mofl prcbiwle, that * Smith. -{• Evan:. ( 100 ) the remains of many other of the tribes, of whom we find no particular account, retired weflwardly in hke manner, and were incorporated with one or other of the wcftern tribes. (^5] I know of no fuch thing exifting as an Indian monument: for I would not honour with that name arrow points, flone hatchets, (lone pipes, and half- fhapen images. Of labour on the large fcale, I think there is no remain as refpe^la- ble as would be a common ditch for the draining of lands : nnlefs indeed it would be the Barrows, of which many are to be found all over this country. Thefe are of diiferent fizes, fome of them conftruded of earth, and fome of loofe ftones. That they were repofitories of the dead, has been obvious to all : but on what particular occafion conftrufted, was a matter of doubt. Some of them have thought they covered the bones of thofe who have fjUen in battles fought on the fpot of interment. Some afcribed them to the cuftom, faid to prevail among the Indians, of collefting at certain periods the bones of all their dead, wherefoever depofited at the time of death. Others again fuppofed them the general fepulchre for towns, conjeftur- ed to have been on or near thefe grounds ; and this opini- on was fupported by the quality of the lands in which they are found, ('thofe conflructed of earth being generally in the foftefl and moft fertile meadow-grounds on river fides) and by a tradition, faid to be handed down from the ab- original Indians, that when they fettled in a town, the firit perfon who died was placed ereft, and earth put about him, fo as to cover and fupport him ; that when another died, a narrow pafTage was dug to the firft, the fecond reclined againft him, and the cover of earth replaced, and fo on. There being one of thefe in my neighbourhood, I wiffied to fatisfy myfelf whether any, and which of thefe' opinions were jufl. For this purpofe I determined to open and examine it thoroughly. It was fituated on the low grounds of the Rivanna, about two miles nbove its prin- ciple fork, andoppolite to fome hills, on which had been an Indian town, it was of a fpheroidical form, of about forty ftet diameter at the bale, and hsd been of about twelve feet altitude, though now reduced by the plough to feven and a half, having been under cultivation about a dozen vears. Before this it was covered with trees of twelve inches diameter, and round the bafe was an exca- vailon of five Let depth and wiJili, fror.! whence the e nth had been taken of which the hillock was formed. I hric dufi; fuperficially in leveral parts oi it, and caniij to coll'jc- tions of human bones at ditScrent dcpih.s, from C\x inch-.-s to three feet below the furface. Thefe were lying in the utmoil: confufion, fome vertical, fc'>me oblique, iome ho- rizontal, and dire»^led to every point of the compafs-, en- tangled and held together in cluUeis by the earth. Bones of the mod diifant parts were found together, as, f(^r in- ftance, the fmall bones oi the foot in the hollow of a fcull, many fculls would fomctimes be in contad, lyintr on the face, on the fide, on the back, top or bott(3, icet, and hands. A few ribs remained, fome vertebra; of the neck and fpine, without their procefits, and one inftance only of the* bone which ferves as a bafe to the vertebral column. The fculls were (o render, that they generally fell to pieces on being touched. The other bones were llronger. There were fome teeth which were judged to be Imaller than thofe of an adult ; a fcull which on a flight view, appeared to be that of an infant, but it fell Vo pieces oh being taken out, fo as to prevent fatisfaclory ex- amination; a rib, and a fragment of the under jav/ of a per- fon about half grown ; another rib of an infant ; and part of the jaw of a child, which had not cut its teeth. This laft furnifhing the moft decifivc proof of the burial of children here, I was particular in my attention to it. Ic was part of the li-iht half of the under jaw. The proccifes, by which it was articulated to '.he tem- poral bones, were entire, and the bone itfelf firm to where it had been broken otf, which, as nearly as 1 could judge, was about the place of the eye-tooth. Its upper edge, wherein would have been the ibckets of the teeth, was perfectly fmooth. Meafuring it with that of an adult, by placing their hinder procelics together, its broken end extended to the penultiiivate grinder of the adult. This O Tilt oj fiCrum. ( I02 ) bone was white, all the others of a fan'd colour. The bones of infants being foft, they probably decay fooner, which might be the caufe fo few were found here. I pro- ceeded then to make a perpendicularcut through the body of the barrow, that I might examine its internal ftru6lure. I'his palfed about three feet from its center, was opened to (he former furface of the earth, and was wide enough for a man to walk through and examine its fides. At the bottom, that is, on the level of the circumjacent plain, I found bones ;- above thefe a few ftones, brought from a clili' a quarter of a mile oil', and from the river one-eight of a mile off; then a large interval of earth, then a ftratum of bones, and fo on. At one end of the fedtion were four flrata of bones plainly diftinguifhable ; at the other, three ; the Itraia in one part not ranging with thofe in another. 1"he bones neareft the furface were Icaft decayed. No holes were difcovered in any of them, as if made withbul- lets, arrows, or other weapons. I conjeftured that in this barrow might have been a thoufand {keletons. Every one will readily feize the circumflances above related, which militate againfl: the opinion, that it covered the bones only of perfons fallen in battle ; and againfl the tradition alfo, which would make it the common fe- pulchre of a town, in which the bodies were placed up- right, and touching each other. Appearances certainly indicate that it has derived both origin and growth from the accuilomary coliedion of bones, and depofition of them together ; that the firft coUeftion had been depofited on the common furface ot the earth, a few ftones put over it, and then a covering of earth, that the fecond had been, laid on this, had covered more or lefs of it in proportion to the number of bone?,, and was then alfo covered with earth ; and fo on. The following are the particular cir- cumitances which give it this afped. i. The number of bones. 2. Their confufed pofition. 3. Their being in different (Irata. 4 The ftrata in one part having no correfpondence with thofe in another. 5. The different (tates of decay in thefe ftrata, which feem to indicate a difference in the time of inhumation. 6^ The exiftence of infant bones among them. But on whatever occafion they may have been made, they arc of confiderable notoriety among the Indians; for ( 103 ; a party pafTing, about thirty years ago, through the part of the country where this barrow is, went through the woods diredlly to it, without any inflruclions or enqulrv, ami having ft aid about it fonie time, with expreflions wliich were conftrued to be thofe of forrow, they returned to the high road, which they had left about half a dozen miles to pay this vifit, and purfued their journey. There is another barrow much refembling this, in the low grounds of the fouth branch of Shenandoah where it is croif-'d by the road leading from the Rocknfiigap to Stauntc-n. Both of thefe have within thefe dozen years, been cleared of their trees and put under cultivation, are much reduced in their height, and fpread in width, by the plough, and will probably difappear in time. There is another on a hill in the Blue ridge of mountains, a fewmiles north of Wood's gap, which is made up offmall flones thrown to- gether. This has been opened and found to contain hu- man bones, as the others do. Thereare alfo many others in other parts of the country. Great quedion has arifen from whence came thofe a- boriginals of America ? Difcovcries, long ago made, were fufficient to fliow that a palfage from Europe to America was always pradicable, even to the imperfe6i: navigation of ancient times. Ingoing from Norway to Iceland, from Iceland to Groenland, from Groenland to Labrador, the firfl trajeft is the widell: : and this having been praclifed from the earliefl times of which we have any account of that part of the earth, it is not difficult tofuppofe that the fubfequent trajefts may have been fometimcs paifed. A- gain, the late difcoveries of Captain Cook, coafting from Kamfchatka to Caiifornia, have proved that if the two continents of Afia and America be feparated at all, it is only by a narrow freight. So that from this fide alfo, in- habitants may have pafled into America : and the refem- blance between thelndians of America and the eaflern in- habitants of Afia, would induce us to conjefture, that the former are the defcendants of the latter, or the latter of the former : excepting indeed the ii,fkimaux, who, from the fame circumftance of refemblance, and from indtntity of language, mull be derived from the Groenlanders, and thefe probably from fome of the northern pares of the old O2 ( 104 ) cont'ncnt. A knowledge of iheir feveral hnguageswould be the mod certain evidence of their derivation which cou'd be produced. In fad, it is the belt proof of the i.fEnity of narions which ever can be referred to. How niany ages have elapfed fince the Enghfh, the Dutch, the Germans, the Swifs, the Norwegians, Danes and Swedes have fcparated from their common flock ? Yet how ma- ny more niuii elapfe before the proofs of their common o- rigin, which exiftin their feveral languages, will difappear ? ]t is to be lamented then, very much to be lamented, that we have fuffered fo nrany of the Indian tribes already to extinguirn, without our having previoufly colleded and depofited in the records of literature, the general ru- diments at leail of the languages they fpoke. Were vo- cabularies formed of all the languages fpoken in North and South America, preferving their appellations of the moil common cbjeds in nature, of thole which mud be prefent to every nation barbarous or civihzed, with the infledions of their nouns and verbs, their principles of regimen and concord, and thefe depofited in all the pub- lic libraries, it would furnifli opportunities to thofe ikil- ]ed in the languages of the old world to compare them with thefe, now, or at any future time, and hence to con- flrucl the beil evidence of the derivation of this part of the human race. But imperiedas is our knowledge of the tongues fpokeri in America, It fuffices to difcover the following remarkable fad'. A^rranging them undtr the radical ones to which they may be palpably traced; and doing the fame by thofeof the icd men of Afia, there will be found probably twenty in A merica. tor one in Afia,or thofe nidical Linguages, fo call- ed, becauie, if they were ever the fame ihey have loft all rcfeml>tcUice to one another. A feparation into dialeds may be the \vork of a few cges only, but lor tvio dialeds to recede from one another till they have loll all veftiges of their comnron origin, muil require animmcnfe courfe of time; perhaps not Itfs tlian n'lany people give to the age of the earth. A greater number of thofe radical changes of language having taken place among the red men of A- n- erica proves ihem of greater antiquity than thofe of Afia. I will now proceed to ftate the nations and numbers of the Aborigines v^hich ilill exilt in a refpedable and inde- ( I05 ) peiulent form. And ;is their undefined boundaries would render it difficult tolpecily thole only which may be with- in any certain limits, and it may not be unacceptable to prefcnt a more general view pt them, I will reduce with- in tlie form of a catalogue all thofe within, and circumjacent :.), the United States, whofe names and numbers have come to my notice. Thefe are taken from four different liila, the lirll of which was given in the year 1759 to ge- neral Stanwix: by George Croghan, deputy agent for Indi- an affairs under Sir William Johnfon j the fecond was drawn up by a Frenchtrader of confiderable note, refident among the Indians many years, and annexed to colonel ]5ouquet's printed account of his expedition in 1764. The third was made out by captain Hutchins, who vifited molt of the tribes, by order, for the purpofe of learning their numbers in 1768. And the fourth by John Dodge, an Indian trader, In 1779, except the numbers marked*^ which are from other information. TRIBES. ( io6 ) V u G V u ? • rt V tj hJ tr: CO 14 P^ « u > ^ >j *i J= cs > o ?• ^^ Cl >, «) -C u o 4-1 c rt o feU ca s ^ u C/3 rt 4-> a < 'A 3 "u r h-1 «« en . ^ ^ u « TO _2 CO c 4> (U flj U CJ U , o o > c c 'i^ *c 'u. w CXi rt in J J T^ ■;:^ O o O , • HHh 4-> WD 4-> C/7 C/2 tl Ui u. t-. u U > > a > > > O o zzz pi oric^hh J3 C/J ij n 2 tn D rt -; 4j C c h' -a *- ■*- P ^ ^ D QJ w •> ^4 ^ ^ .— r rt rt p:3 J J iJ a a. a, . . .-. « • •- .- t. N '* ^ h 3 c 2 )° •= (s ^ 2 «J (U 3 o O t) t> t^ ^ J ^ -g o llool ^ - '^ ^ - ■ '^ -- -• "^ O <: OQ c^ cT? c^ < O o (5 6 < u ^ < u z <: =5 Northward snd Weftvvard of the United States. C 107 ) 00000 o vC C O ^ O O ►H cr, e« c^ «~« o 000 O f<^ c<^ S " u o o NO o o O Of CQ o .ii •* c o r^/wv^^A-'-v m — PS «, 60 a> r^ u V) CU CO Oh u> O 'J O ^ c *- c c: ^ c5 ^ P u ? w « C si G t; .5 iJ .5 « .5 .A 3 Within the limits of the United States. ( ic8 ) -eg-* en r wV^ ^ .t:r^ o o o o o o c <3 C O O o o c o j: ■o o >^ lo o o c o o O lO O C i^ o (J r^ CO W CI rr. m cA m en rr, CO d •"I- CJ ^ I 1 ^> I a " 1 1 ' 1 D:^ o> -^ " ^O XT r- 1 ' ° S ymi 1 1 o o CO CO C r-^^^ o o c 1 O o o O VT) O l'^ O o in o c, '^l- <* SO 00 or, r-*-^ c o o o « > 05 tn OJ c '-^ r f *-■*-> > c «^ = ^ o o r; c c5 " ^ TO c^ .Sr - rs ^ — ^ .« _2 Ifltr .2 '^ ^ j^ ^ 0^ ::20oOuOC) O oi^S" Within the Limits of the United States. ( I09 ) tjj a K O 5 ^ a u o 3 rt • 0.2 rt 4> cn 4> 13 = '53 ■ to &> ^ ♦^ c C4 o u ^ -J :2^ -O (J *-• *> u 'l-l c C c n 00 4^ c c ^ o o J, in (/I rt v< fci <- rt « .2 u > rt c CI u ;-. i. rt *3 C _o o <^--Y-J 5-:^ f_ < — . --^ '\ ._^ S)^ o o O o -3 r- o „ n M l^ Q C 2* .- oo o o o o o o o o O o ^ '^ o ^ 1^ o ^ o o a "^ •^ a >- en •o CO ffi o «-■ . _^ fl __^ rvAx-^ O O o o O O o o C o o l/^ o o t^ O -^ <^ o or •^ o S^«^ **^ cr, >J1 « vo r^ 1-1 '^ >-l so o '^ M •^ fc^ « ^ i dk C o o 1 o I golC C o o o y. vC c< o~l o 1 £ « ►^ Ci 1 'O — 13 4 > > < c > v5 Ci. - 1 " t 5 " "J «5 C 3^ VI > ] 4 i I P^ o a, ■3 « "kJ - 9 rt ^ ■^13 C« CTj , J. - Ji a h ^ J*: ^J o c « s"^ 2 1- r >-s^ '5 • ^ J n : 3 _o ^ j^ rt — t :i^< 3 rt u; ^ C ^^ iic 52 "J3 U O uu;: i^ i/^< Within tht; limits of theUniced States. u ( no ) The following Tribes are alfo mentioned r T /,03 C From the mouth -of the Ohu-? ' (_ to the month of tlie Wabafh, v,T .• „^« C On the Miniffippi below the <[ ^ ' I c-hakies. Oufafoys p C On White-creek, a branch of iGianilTucC 4CC0 ^ the Miffifljpp!. j^ [Linvv'uys, J 1000 On the Mlflillippi. fLes Piians, 700 Near Piians Bay. .•^ I P'olle Avoine 350 Near Puans Bay. « i Ounnakina, 300 "^ g- . Ciiicka'iedbu, f;50 QConje^ed them to fettle on Chefapeak bay. They landed however at Ha- torafk. In 1588, when a fleet was ready to lail with a new fupply of colonics and necelfarics, ihcy were de- tained by the Queen to afiifl againll: the Spanifh armada, kiir Walter having now expended 4O5OO0I. in thefc enter- prifes, obilruclcd occafionally by the crown without a fnil- iing of aid from it, was under a necefiity of engaging o- thers to adventure ihc:ir money. He therefore, by deed bearing date the 7th of March 1589, by the name of Sir Walter Raleigh, Chief Governor of AlTamacomoc, (pro- bably A comae,) alias Wingadacoia alias Virginia, granted 10 Thomas Smith and others, in confideration of their ad- ( 03 ) venturing certain funis of money, liberty of tratle to his new country, free from all cuftonis ;niLl taxes for fcven years, excepting the fifth part of the gold and filver ore to be obtained ; and Ripulated with them, and the o- ther alliltants, then in Virginia, that he would confirm the deed of incorporation ivhich he had given in 1587, with all the prero,;atives, jurifdiclions, royalti-^s and pri- vileges granted to him by the ()^:een. Sir \Valter, at dilTerent times, fcnt five other adventurers hither, the lalt of which was in i6c2 : for in 1603 he was attained and put into clofe imprifonment, which put an end to his cares over his infant colony. What wu,s the particular fate of thecolonifls he had before fen t and LateJ,- has never been known : whether they wercmurdertd, orincorporatcd with the favages. Some gentlemen and merchants, fuppofing that by the attainder of Sir Walter Raleigh the grant to him was for- feited, not enquiring over-carefully whether the fentence of an Englifh court could affeCl lands not within the jurif- diclion of that court, petitioned king Jamts for a nev/ grant of Virginia to them. He accordingly executed a giant to Sir Thomas Gates and others bearing date the 9th of March 1607, under v^^hich in the fame year a fettlement was effected at James-town and ever after maintained. Of this grant however no particular notice need be taken, as it was fuperfeded by letters-patent of the fame king, of Mzy 23, 1609 to the Earl of Salifoury and others, incor- porating them, by the name of ' the Treafurer and Com- * pany of adventurers and planters of the City of London ' for the firft colony in Virgin!?,* granting to them and their fuccelTors all the lands in Virginia from Point Com- fort along the fea-coafl to the northward 200 miles and from the fame point along the fea-coafl; to the fouthward 200 miles, and all the fpace from this precinft on the fea- coafl: up into the land, weft and north-weft, from fea to fea, and the ifiands within one hundred miles of it, with all the commodities, jurifdiclions, royalties, privileges, franchlfes and pre-eminencies within the fame, and thereto and thereabouts, by fea and land, appertaining in as am- pie manner as had before been granted to any adventurer : to be held of the king and his faccelfors, in common fp^- cage, yielding one-fifth part of the gold and filver ore to [^^ i^ 114 ) therein founu, for all manner oF fcrvices ; eflabliiliing a council in iiiigland for the dire£l:ion of the entcrprife, the iiiembtis ol which were to be chofen and difplaced by the voice of the maj )rity of the company and adventurers-, and were to have the nomination and revocation of go- vernors, oflicers, and miniilers, which by them fliould be ihought needful for the colony, the pov/er of eftablilh- ing laws and forms of government and magiflracy, obli- gatory not only vvithin the colony, but alfo on the feiis in going and coming to and from it ; authorifing them to carry thither any perfons who flrould confcnt to go, free- ing them for ever from all taxer, and impofitions on any goods or merchandife on importations into the colony, or exportation out of. ., except the five psr cent, due for cuilom on all goods imported into the I3ritifii dominions, according to the ancient trade of merchaFits ; w hich five per cent, only being paid they might, within 13 months re-export the fame goods into foreign parts, without any cufiom, tax, or other duty, to the king or any of his ofH- ters or deputies ; v/ith pow-ers of waging war againfb chofe who fhould annoy them ; giving to the inhabitants of the colony all the rights of natural fubjedts, as if born and abiding in England ; and declaring that thefe letters (liould be conftrued, in all doubtful parts, in fuch manner as fhould be molt fr.v the benefit of grantees. Afterwards on the 12th of March 16 {2, by other let- ters-patent, the king ad Jed to his former grants, all iflands in any part of the ocean between the 30th and 41ft de- grees of latitude, and v/ithin 300 leagues cf any of the- p uis before granted to the treafurer and company, not being poflelied cr inhabited by any other Chriftian prince or Hale, nor within the limits of tlie northern colony. Jn purfuance of the authorities given to the company by thefe charters, and more efpecially of that part in the charter of iCoiy which authorifed them to eflablifh a form of government, they on the 24th of July 1621, by charter under th.eir ccMnmon feal, declared that from thence-forward there fliould be two lupreme councils in Virginia, the one to be called the council of ftate, to be placed and difplaced by the treafurer, council in Englimd, iind company, from time to time, whofe ofiice was to be lj:ar of afljQing iw.d :/JviIing tlie governor j the other to C ''5 ) be called the general ani-nibly to be convened by tlic go- vernor once yearly or ottener, which was to confiil of the council of Itate, and two biirgeflcs out of every town, hundred, or plantation, to be refpeclively chcicn by the inhabitants. In this all matters were to i)c decided by the greater part of the votes preftnt; reiervinc; to (he p:(*iver- nor a negative voice; and they were to have power tv> treat, confult, and conclude all emergent occafions con- cerning the public weal, and to make laws for the behooi" and government of the colony, imitating and following the laws and policy of England as nearly as might be : providing that thefe laws Ihould have no force till ratified ina general quarter court of thecompanyin linghmd antl returned under their common feat, and declaring that, af- ter the government of the colony flKuild be wrJl framed and fettled, no orders of the council in Engl;indfihould bind the colony unlefs raiified in the faid general alTem- bly. The king and company quarrelled, and by a mix- ture of law and force, the latter were oufled of all their rights, without retribution, after having expended ioo,oool. in cfl:a!')liflilng the colony, without the Imallen; aid from government. King James fufpended their pow- er by proclamation of July 15. 1624, and Charles I. look the government into his own hands. Both fides had their partilans in the colony ; but in truth the people of th^- colony in general thought themfelves little concerned in the difpute. There being three parties interefied in thefe feveral charters, what palfed between the f.rfl: -dud fecond it was thought could not affect the third. If the kmg feized on the pov/srs of the company, they only'palfed into o- ther hands, without increafe or diminution, while the rights of the people remained as they were. But they did not remain fo long. The northern parts of their coun- try were granted away to the lords Baltimore and Fairfax, the firfl: of thefe obtained alfo the rights of feparate jvi' rifdi6tion and government. And in 16^0 the parliament, confidering itfelf as fhanding in the place of their dipofed king, and as having fucceeded to all his powers, without: as well as within the realm, began to affume a right over the colonics, palling an acL for inhibiting their trade with foreign nations. This iuccfllon to the exercife o[ kingly au- .fhority gave the firft: colour for parliamentary interference ( i>6 ) with the colonies, and produced that fatal precedent which they continued to follow after they had retired, in other refpecls, within their proper functions. W hen this colony, therefore, which i'lill maintained its cppofition to Cromwell and the parliament, was induced in 1651 to lay down their arms, they previoufly ft cured their moft eiTenaal rights, by a folemn convention, which having never feen in print, I will here infert literally from the re- cords. ' ARTICLES agreed on and concluded at James Cittle In Virginia for the furrendering and fettling of that plan- tation under the obedience & government of the common wealth of England by the Commifiioners of the Council of ftate by authoritie of the parHamt. of England & by the Grand afiembly of the Governour, Councill & Bur- geifes of that countrey. * Firft it is agreed and confted that the plantation of Vir- ginia, and all the inhabitants thereof iball be and remain in due obedience and fubjedlion to the Conion wealth of England, according to the laws there eftablilhed, and that this fubmifTion and fubfcription bee acknowledged a voluntary aft not forced nor conftrained by a conquell upon the countrey, and they Ihall have and enjoy fuch freedoms and priviledges as belong to the free borne peo- •^ple of England, and that the former government by the Commiilions and Inflruclions be void and null. * 2ly. Secondly that the Grand afiembly as formerly {hall convene & tranfacl the affairs of Virginia wherein nothing is to be afted or done contrarie to the govern^ ment of the Comon wealth of England Si the lawes there eftabliihed. ' 3ly, That there fiiall be a full & totall remiffion and indempnitie of all atfs, words, or writeings done or fpo- ken againlt the parliament of England in relation to the fame. ' 4ly, That Virginia fhall have & enjoy the antlent bounds and Lymitts granted by the charters of the for- mer kings, and that we Ihall feek a new charter from the parliament to that purpofe againil any that have intrencht upon the rights thereof. ' 5ly. That all the pattcnts of land granted under the colony feal by any of the precedent governours iliall be ( ^1/ .) and remaine in their full force nnJ flrenn^tli.— » » 61y, That the priviledge of Iiavciiii;; illitie acres of hind for every pcrfou tranfported in that eollonie (ball conti^ nue as formerly granted. ' yly, That tHe people ol: Virginia have free trade as tha people of England do enjoy to all places and with all nations according to the laws of that common ivcalth, and that Virginia fliall enjoy all priviledges equall with any Englilli plantations in America. ' Sly, That Virginia fhall be free from all taxcF, cuf- toms *?c impofitions whatfoever, and none to be impofed on them without confent of the Grand affembly, And foe that neither ffortes nor caftles bee erected or garrifong maintained without their confent. ' 9ly, That noc charge fliall be required from this coun- try in refpc6l of this prefent flleet. ' Tolv, That for the future fettlement of the countrey in their due obedience, the Engagement fhall be tendrcd to all the inhabitants according to act of parliament made to that purpofe, that all perfons who fiiall refufe to fub- fcribe the faid engagement, fhall have a yeare's time if they pleafe to remove themfelves ;?c their eftates out of Virgina, and in the mean time during the faid yeare to have equall juftice as formerly. ' I ily. That the ufe of the booke of common prayer fliall be permitted for one yeare enfueinge with refer- rence to the confent of the major part of the parifiies, provided that thofe which relate to kingfliipp or that government be not ufed publiquely, and the continuance of minifters in their places, they not mirdemcaning them- felves, and the payment of their accuflomed dues and agreements made with them refpeftively fhall be left as they now ftand during this enfueing yeare. ' i2ly. That no man's cattell ihall be queftioned as thq companies unlcfs fuch as have been entrulled with thein or have difpofed of them without order. * i3ly, That all ammunition, powder & amies, other than for private ufe, flrall be delivered up, feeuritie bcinj given to make f^tisfaction for it. T^ ( .iis ) * 1417^ That all jToods allreaclie brought hither by the- * Diiich or others u'hich are now on ihoar fliatl be free from ' furorlzall. ijly, I'hat the quirtrents granted unto us by the late ^ kinge for feaven yeares bee confirmed. ' i61y, That the commifiioners for the parhament fub- ' fcribeing thefe articles engage themfelves & the honour * of parliament for the full performance thereof: and that ' the preftnt governour k the councill & the burgefles do * likewife fiibfcribe & engage the whole collony on their ' parts. Rich. Bennett. Seale, Wm. Claiborne. -Seale. Ebmond Curtis. Seale. ' Theife articles were figned St fealed by the Commilli- ' oners of the Councill of (tate for the Commonwealth of ' England the twelveth day of March 1651.* Then follow the articles (lipulated by the governor and council, which relate merely to their own perfons and pro- perty, and then the enfuing inflrument : ' An a6l of indempnitie made att the furrender of the ' countrcy. ' Whereas by the authoritie of the parliament wee the ' commiiiioners appointed by the councill of ftate authori- ' zed thereto having brought a ileete ^ force before James ' cittie in Virginia to reduce that collonie under the obe. ' dience of the commonwealth of England, 6c findeing ' force raifed by ihe Governour and countrey to make op- ' pofition againlf the faid ffleet whereby aifured danger ap- ' pearinge of the ruine and deltrudion of the plantation ' for prevention whereof the Burgefles of all the feverall ' plantations being called to advife k alii if therein, uppon ' long- and ferious debate, and in fad contemplation of the ' great miferies k certaine deftruClion which were foe ' neerelv hovering over the whole countrey ; Wee the ' laid C^ommiilicners have thought fitt ^ condefcended and ' granted to figne & confirme under our hands, feales bz ' by our oath, Articles bearinge date with theife prefents,, ' and do further declare that by the aufhoritie of the paili- * anient and commonwealth of England derived unto us * their ccmmiffioners, that according to the articles in ge- ( ^9 ) * nerall wee have granteJ anacl ofiadempnitic and oMivi- * oil to all the inhabitants of this coloney from all words, ' a dm. Curtis — * feale.' Tlie colony fuppofed, that, by this folcmn convention, entered into with arms In their hands, they had fecured the ancient limits* of their country, its free trade,! its exemp- tioii from taxatIoii| but by their own affembly, and exclu- iioii of military force§ from among them. Yet in every of ihefe points was this convention violated by fubfequent kings xind parliaments, and other infradions of their con- flituiion equally dangerous committed. Their general affem- bly, which was compofed of the council oflhue and bur- geiles, fitting together and deciding by plurality of voices, was fplit into two houfcs, by v/hicli the council obtained a feparate n-egative on their laws. Appeals from their fu- prem'e court, v/hich had been fixed bv law in their pene- ral aflcmbly, were arbitrarily revoked to England, to be there heard before the king and council. Inllead of four hundred miles on the fca coaft, they were reduced, in the Ipace oi thirty years, to about one lumdred miles. Their trade with foreigners was totally fupprefi'ed, and when carried to Great Britain, was there loaded v.ith impofts. it is unnecelTary, however, to glean up the feveral inllanc- es oi- injury, as fcattered through American and BrlriHi hiftory, and the more efpecially as, by paifing on to the accellion of the prefent king, we Ihall find fpecimens of them all, aggravated, multiplied and crouded within a imall compafs of time, fo as to evince a fixed dcfign of confidering our rights natural, conventional and chartered as mere nullities. The following is an epitome of the * Art. ^. [• Art. 7. 1 Art. 3, ] Art. 8. ( I20 ) ^ fir il: fifteen years of his reign. The colonies were taxed internally and externally ; their elTential interefts facriliced to individuals in Great Britain ; their legiilatures fufpend- ed ; charters annulled ; trials by juries taken away ; their perfons fubjected to tranfportation acrofs the Atlantic, and to trial before foreign judicatories 5 their fupphcations for iedrefs Thought beneath anfwer ; thenifelves publiflied as cowards in the council ci their mother country and courts of Europe ; armed troops fent amongft them to enforce fubmillion to thefe violencies ; and adual hoftihties com- menced againfl thenii No alternative was prefented but refiflance, or unconditional fubniiflion. Between thefe could be no hefitation. They clofed in the appeal to arms. They declared themfelves independent ftates. They con- federated together into one great republic ; thus fecuring to every ftate the benefit of an union of their whole force. In each ftate feparately, a new form of government was tftabUihed. Of ours particularly the following are the rmtlineSi The executive powers are lodged in the hands bf a governor, chofen annually, and incapable of ading more than three years in feven. He is afTifted by a coun- cil of eight members. The judiciary powers are divided among feveral courts, as will be hereafter explained. Le* giflation is exercifed by two houfes of affembly, the one called the houfe of Delegates, compofed of two members from each county, chofen annually by the citizens poffeflP- ing an eftate for life in one hundred acres of uninhabited land, or tventy-fivc acres with a houfe on it, or in a houfe or lot in fome town : the other called the Senate, con^ filling of twenty-four members, chofen quadrennially by the fame eleftors, who, for this purpcfe are diltributed into twenty-four diftricts. The concurrence oi both houfes is neceifary to the paifage of a law. They have the ap- pointment of the governor and council, the judges of the fuperior courts, auditors, attorney-general, treafurer, re- j^Ilier of the land-office, and delegates to congrefs. As ilie difmemberment of the (late had never had its con. iirmation, but on the contrary, had always been the fub- jeft of prctcflation and complaint, that it might never be in oyr own power to raife fcru])lcs on that fubjeft,- or to diilurb the harmony ot our new confederacy, the grants to Maryland, Tennfylvania, and the two Carolinas were ratified. ( 121 ) This conHiltution was formed when we were new and unexperienced, in the fcience ot government. It was the lirft too which was formed in the whole United States. No wonder then that time and trial have difcovered very ca- pital defeds in it. 1. The majority of the men In the flate, who pay and fight for its fupport, are unreprefented in the legillature, the roll of freeholders entitled to vote, not including ge- nerally the half ot thole on the roll of militia, or of the lax-gatherers. 2. Among thofe who fliare the reprefentarion, the fharcs are very unequal. Thus the county of Warwick, with only loc fighting men, has an equal reprefentatioii with the county of Loudon which has 1746. So that e-, very man in Warwick has as much influence in the go- vernment as 1 7 men in Loudon. But le(t it fliould be thought that an equal interfperfion of fmall among large counties, through the whole flate, may prevent any dan- ger of injury to particular parts of it, we wall divide it into diftridls, and (liew the proportions of land, of fighting- men, and of reprefcntation in each. Square Fighting Dele- fcna- miles. men. 19,012 gates. tors. *II;205 7X 12 lS,759 i8,P2S 46 8 11,911 7,67; 16 2 179,650 4,45s t6 -^ I2r,sa5 49;97i 149 24 Between the fca-co^It and falls of the rivers Between tiie falls of the rivers and ) the Blue ridge of mountains 3 Between the Blue ridge and the 7 Alleghaney 3 Between the Alleghaney and Ohio Total An infpeftion of this table will fupply the place of com- . mentaries on it. It will appear at once that 19,000 men^ living below the falls of the rivers, polTefs half the fenate, and want- four members only of pofiefling a majority of the houfe of delegates ; a want more ihanfupplied by the vicinity of their fituation to the feat of government, and of courfe the greater degree of convenience and punctuality with which their members may and w ill attend in the Ic- * Of thefe 542 are on the Eadern Shore. t Of tb.ele 22,6x6 are call svardof the n.ciidean of the north of th? ^real Kanhawav. ( 122 ) l^iriature. Thefe 19,000 therefore, living in 0116 part of ihe country, give law to upwards of 30,000 living in an- other, and appoint all their chief officers executive and judiciary. From the difference of their fituation and cir- cuniftances, their interefts will often be very different. 3. The fenate is by its conftitution, too homogeneous with the houfe of delegates. Being chofen by the fame cleftors, at the fame time, and out of the fame fubjeds ■the choice falls of courfe on men of the fame defcription. 1 he purpofe of eftablilhing different houfes of legifiatioii is to introduce the inlluence of different intereils or differ- ent principles. Thus in Great Britain it is faid their con- ilitution relies on the houfe of commons for honefty, and the lords for wifdom : which would be a rational reliance if honefty were to be bought with money, and if wifdom were hereditary. In feme of the American ftates the de- legates and fenatcrs are fo chofen, as that the firft repre- fent the perfons, and the fecond the property of the ffate. But with us wealth and wifdom have equal chance for ad- miffion into both houfes. We do not therefore derive from the feparation of our legiflr.ture into two houfes, thofe benefits which a proper complication of principles is capable of producing, and thofe which alone can com- penfate the evils which may be produced by their diO'en- tions. 4. All the powers of government, legiflative, executive-, and judiciary, refult to the Icgiflativebody. Theconcentrat- ing thefe in the fame hands is precifely the definition of defpotic government. It will be no alleviation that thefe powers will be exercifed by a plurality of hands, and not by a fmgle one. 173 defpots would furely be as oppreflive as one. Let thofe who doubt it turn their eyes on the re- public of Venice. As little will it avail us that they are chofen by ourfelves. An clccJivc dcfpotifm was not the go- vernm.ent v.'c fought for ; but one which fhould not only be founded on free principles, but in which the powers of government fliould be fo divided and balanced among fe- vei^al bodies of map;iflracy, as that no one could tranfcend their legal limits, without being effectually checked and reflrained by the others. For this veafon that convention, which paffed the ordinance of government, laid its foun- dation on this bafis, that thelegiflative, executive andju- C '^3 ) dlciary departments flioulJ be feparate and dlfllncl, f^j that no pc^rfon fhould eKcrcifc the powers ot more tlun onu' ot lliein at the faine time. But no barrier was provided between thele feveral porvers. The judir.iary and execu- tive members were left dependent on the kgiflative, lor their rublillence in oflice, and Jbme of them ior their con- tinuance in it. If therefore the Ivj^iOature aifiunes exe- cutive and judiciary powers, no oppoution is hkely to be made ; nor, if made, can it be elfectual : becaufe in that cafe they may put their proceedings into the form of an act of alVembly, which will render them obligatory on the other branches. They have accordingly, in many inilanc- es, decided rights which (liould have been 1 eft to judici- ary controverly : and the direction of the extcutive, dur- ing the whole time of their felTion, is becoming habitual and familiar.. And this is done with no ill intention. The views of the prefent members areperfediy upright. When they are led out of their regular province, it is by art in others, and inadvertence inthemfelves. And this will pro- bably be the cafe for fome time to come. But it will not be a very long time. Mankind loon learn to make inter- eiled ufes of every right and power which they pofTefs, or may alTume. The public money and public liberty, in- tended to have been dcpoiited with three branches of ma- gidracy but found inadvertently to be in the hands of one only, will foon be difcovered to be I'ources of wealth and dominion to thofe who hold them ; dillinguiflied too by this tempting circum fiance, that they are the inftrumenr, as well as the objecl of acquifition. With money we will get men, faid C^cfar, and with men we will get money. Nor fhould our allembly be deluded by the integrity of their own purpofes, and conclude that thcfe unlimited powers will never be abufed, becaufe themfelves are not difpofed to abufcthem. They fiiould look forward to a time, and that not a dilf ant one, when corruption in this, as in the country from which we derived our origin, will have feized the heads o^ government, and be fpread by them through the body of the people ; when they will purchafe the voices of the people, and make them pay the price. Human nature is the fame on every fide of the Atlantic, and will be alike influenced by the fame caufes. '1 he time to guard. againll corruption and tyranny, is before they ( 124 > ♦ fliall have gotten hold on us. It is better to keep the wolf out of the fold, than to trull to drawing his teeth and talons after he fiiall have entered. To render thefe confider- ations the more cogent, we mull obferve in addition. 5. That 'the ordiujiry legiflature may alter the conftitu- tion itfelf. On the difcontinuance of all'emblies, it became neceffary to fubilitute in their place fome other body, competent to the ordinary bufinefs of government, and to the calling forth the pou'ers of the flate for the main- tenance of our oppofition to Great Britain. Conventions were therefore mtrodaccd, . connlling of two delegates from each county, meeting together andforming one houfe, on the plan of the former houfe of burgelTes, to whofe places they fucceeded. Thefe were at firft chofen anew for every particular feffion. But in March 1775, they recommended to the people to chufe a convention, which fliould continue in otlicea year. This was done according- ly in April 1775, and in the July following that conven- tion paffed an ordinance for the eleftion of delegates in the month of April annually. It is well known, that in July 1775, a feparation from Great Britain and eflabliOiment of Repubhcan government had never yet entered into any perfori's mind. A convention therefore, chofen under thac ordinance, cannot be faid to have been chofen for the purpofes which certainly did not exifl in the minds of thofe who palled it. Under this ordinance, at the annual elec- tion in April 1776, a convention for the year was chofen. Independence and the e(tabli{hment of a new form of go-- vernment, were not even yet the objefts of the people at large. One extract from the pamphlet called Common Senfe had appeared in the Virginia papers in February, and cor pies of the pamphlet itfelf had got into a few hands. But- the idea had not been opened to the mafs of the people in April, much lefs can it be faid that they had made up their minds in its favour. So that the electors of April 1776, no more than the leginators of July 1775, ^^^ think- ing of independence and a permanent republic, could not mean to veil in thefe delegates powers of ellablifliing them, or any authorities other than thofe of the ordina- ry legiflature. So far as a temporary organization of government was neceffary to render our oppofition ener- getic, ib far their organization was valid. But they ( 1^5 ) received in their crcLUion no powers but whnt were given to every legifluture before and Hnce. They could not therefore pafs an act triinfcenJant ro the powers of other Icgiflatures If thj prefect alTcmbiy pafs an ad, and de- clare it llial! be irrevocable by fubfequent affi-mbiies, the declaration is merely void, and the act rcpealable, as other acbs are. So far, and no farther authorized, they organ- ized the government by the ordinance entitled a conltitu- tion or form of government. It pretends to no higher authority th;in the other ordinances of the fame feiiion ; it does not fay, ti at it flvall be perpetual ; that it fliall be unalterable by other hgiflatures ; that it niall be tranfcend- ant above the powers of thofe, v»ho they knew would liave equal power with themfelves. Not only the filence of the ia!l:runi:nt is a proof they thought it would be al- terable, but their own pracxice alio : for this very con- vention meeting as a houfe of delegates in general afi'em- bly with the fenate in the autumn of that year, paffed ads ot alTembly in contradidion to their ordinance of govern- ment ; and every aiTembly from that time to this has done the fame. I am fafe therefore in the pofition, that the conftitution itfelf is alterable by the ordinary legiflature. Though this opinion feems founded on the firft elements of common feni'e, yet is the contrary maintained by fome perfons. i. Becaufe fay they, the conventions were veft- ed with every power neceffary to make effedual oppofiti- on to Great J3ritain. But to complete this argument, they mud go on and fay further, that effectual oppofition could not be made to Great Britain, without eflabiiHiing a form of government perpetual and unalterable by the legiflatuie; which i^? not true. An oppofition which at fome time or otiier was to come to an end, could not need a perpetual inititution to carry it on : and a government, amendable as its defeds fhould be difcovered, was as likely to make eiledual refiHance, as one wliich fhould be unalterably wrong. Jkfides, the affemb'ies were as much veiled with ail powers requifite for rcfifiance a-i the conventions were. If therefore thefe powers included that of model- ling the form of government in the one cafe, they did [o in the other. 1 he alfembiies then as well as the conven- tions maA' model the government ; that is, they may alter R ( 126 ) , the ordinance of government. i. They urge, that if the convention had meant that this inllrument IhouW be alter- able, as their other ordinances were, they would have called it an ordinance : but ihey have called it a covjUtuli- on, which ex vi termini means ' an atl above the pow- er of" the ordinary legiilature.' I anlwer that conjiitutio, con/tit utium^ Jiatutum, lex^ are convertible terms. ' Con- fiivutio dicitur JUS quod a principe coaditure. Conjlitutum, quod ab in-.peratoribus reicriptum ftatutumve eft.* Statu- ium, idem quod lex.' Calvini Lexicon juridicum. Con- Jiindion and /iatute wi^re originally terms of the* civil law, and from thence introduced by ecclefiaftics into the Eng- liih law. Tiius in the ftatute 25 Hen. 8. c. 19. §. i. *" Coy]JUtutions and crdinances^ are u fed as fynonimous. — The term conjiiiution has many other fignifications in phy- fics and in politics ; but in jurifprudence, whenever it is applied to any acl: of the legiflature, it invariably means a ftatute, law, or ordinance, which is the prefent cafe. No inference then of a difierent meaning can be drawn from the adoption of this title ; on the contrary we might conclude, that by their affixing to it a term fynonimous with ordinance or ftatute. But of what crnfequence is their meaning, where their power is denied ? If they meant to do more than they had power to do, did this give them power ? It is not the name but the authority that renders an aft obligatory. Lord Coke fays, ' an ar- ' tide of the ftatute 11 R. 2.. c. 5. that no perfon Ihould '' attempt to revoke any ordinance then made, is repealed, ' for tliat fuch reftraint is *gainft the jurifdidion and pov/- '■ er of the parliament,' 4 InIL 42. and again, 'though ' divers parliaments have attempted to reftrain fubfequtnt ' parliaments, yet could they never effect it ; for the lat- ' ter parliament hath ever power to abrogate, fufpcnd, ' qualify, explain, or make void the former in the whole ' or in any part thereof, notwithftanding any words of re- ' ftraint, prohibition, or penalty in the former : for it is ' a maxim' in the laws of the parUament, quod leges pofte- * riores priores contrarias abrogant.* 4. Inft. 43.— To get rid of the magic fuppofed to be in the word conil'itutiGn^ let us tranflute it into its definition as given by thofe who * 1 o l>iil. to fer, was the ancient Icgillative word of the Fnglini. LI. iilolliavii I:. Eadrki. LI. Inac. LI. Laawtidi. LL Aalhelltaiii. ( 1^7 ) think it above the power of tlie huv ; and let us fuppofe \\\c convention uu'lead of fa) ini; ' We the ordinary legiflar * turc eftabHlli a ron/Iilii/ion,' had (aid, ' We the ordinary ' legifiature, enahlilli an 7it\ above the poii-cr of th*! onlinury * LgiJJaturc' Does not this expolc the abfurdity of the attempt ? 3. But fay they, tlie people have acquiefced, and this has given it an authority fuperior to the laws. It is true, that the people did not rebel againfl it : and was that a time for the people to rife in rebellion ? Should a prudent acquiefccnce, at a critical time, be conflrued into a coniirmation of every illegal thing done during that pe- riod ? Befides, why Ihould ;hey rebe; ? At anannuiii elec- tion, they had chofen delegates for the year, to extrcife the ordinary powers of legiflation, and to tr:anr.ge the great contefl in which they were engaged. Thefe delegates thought the contelt would be befl: managed by an organi- zed government. They therefore, among others, paifed an ordinance of government. They did not prcfume to call it perpetual and unalterable. They well km w they had no power to make it fo ; that our choice of them had 1 een for no fuch purpofe, and at a time when we could have no fuch purpofe in contemplation. Had Tin unaltera- ble form of government been meditated, perhaps we fliould have chofen a different: fet of people. There was no Cduf^ then for the people to rife in rebellion. But to what dan- gerous lengths will this argument lead ? Did the acquief- ccnce of the colonies under the various a6ts of pov/er ex- €rcifed by Great Britain in our itifant Hate, confirm thefe acls, and fo far invjft them with the authority of thp people as to render them unalterable, and our prefent re- fillance wrong ? On every unauthoritative exercife of pow- er by the legillature, muft the people rife in rebellion, or their filence be conllrued into a furrender of that power to them ? If fo, how many rebellions (liould we have had al- ready ? One certainly fnr every felfion of aflembly. The other flat€s in the union have been of opinon, that to ren- der a form of government unalterable by ordinary afts of alTembly, the people muft delegate perfons with fpecial powers. They have accordingly chofen fpeciai conventions to form and fix their governments. The individuals then who maintain the contrary opinion in this country, Ihould R2 ( 1^8 ) have the modedy to fuppofe it pcilible tliat they may be wrong and the reft of America right. But if there be only a polTibiiity of their being wrong, if only a plaufible doubt remains of the validity of the ordinance of govern- ment, "is it not better to remove that doubt, by placing it on a bottom which none will difpute ? If they be right v/e ihall only have the unnecefiary trouble of meeting once in convention. If they be wrong, they expofe us to the hazard of having no fundamental rights at ail. I'rue it is, this is no time for deliberating on forms of governm.ent. While an enemy is within our bowels, the firll objed is to expel him. But when this fnall be done, when peace ihall be eilablifned, and leifure given us for intrench- ing within good. S ) ruperior courts, and determines them finally. Cut it has !:o original jurifdidion. If a conttoverfy arife between two foreigners of a nation in alliance with the United States, it is decided by the Conful for their ftatc, or, li both parties chule it, by the ordinary courts of juftice. It one ot the parties only bo fu ch a foreigner, it is triable before the courts of jullice of the country. But if it (liall have been inftituted in a county court, the foreigner may remove it into the gene- ral court, or court of chancery, who are to determineit at their firft feilions, as they muft a'lfo do if it be originally commenced before them. In cafes of life and death, fuch foreigners have a right to be tried by a jury, the one-half foreigners, the other natives. A\\ public accounts are fettled with aboard of auditors confilting of three members, appointed by the general af- fembly, any tv/o of t. hom may act. But an Individual, dillatistied with the determination of that board, may carry his cafe into the proper fuperior court. A dcfcriplion of the laics. The general affembly was conftitutcd, as has been alrea- dy fhown, by letters-patent of March the 9th, 1607, in the 4th year of the reign of James the firft. The laws of England feem to have been adopted by confcnt of the fet- tiers, which might eafily enough be done whilli they were few and living all together. Of fuch adoption, however, we have no other proof than their pradice till the year 1661, when they were exprefsly adopted by an act of the alTem- bl^', except lb far as ' a difference of condition* rendered them Inapplicable. Under this adoption,, the rule in our courts of judicature was, that the common law of ling- land, and the general flatutes previous to the 4th of James, were in force here; but that no fubfequent ftatutes were, iinlcfs li'c ivere named in the?n, faid the judges and other partlfans of the crown, hut na?iied or not Jiamed, faid thofe who reflected freely. It will be unneceflary to attempt a defcriptionof the laws of England, as that, may be found in Englifli publications. To thofe which were eftabliflied here, by the adoption of the legiflature, have been fince added a number of acts of aflembly pafl'ed during the monarchy, and ordinances of convention and ads of af- . S3 ( 136 ) fembly enaded fmce the eftabliflunent of the republic— The followhijr variations fiom the Britifli model are ner- haps worthy of being fpecified. Debtors unable to pay their debts, and making faithful delivery of their whole efl'edls, are releafed from confine- ment, and their perfcns for ever difcharged from reftraint for fuch previous debts : but any property they may af- terwards acquire will be fubjeft to their creditors. Hk' poor, unable to fupport themfelves, are maintained by an afieffment on thetytheable perfons in their pariih. This afleifmentis levied and adminiftered by twelve perfons in eachparifli, called veftrymen, originally chofen by the houfekeepers of the parifh, but afterwards filling vacancies in their own body by their own choice. Thefe are ufual- ly the moft difcreet farmers, fo diftributed through their parifh, that every part of it may be under the immediate eye of fome one of them. They are well acqwainrcd yith the detmls and economy of private life, and they find fufficient inducements to execute their charge well, in their philanthropy, in the approbation of their neighbours, and the diflindion which that gives them. The poor who have neither property, friends, nor ftrength to labour, ar^ boarded in the houfes of good farmers to whom a ftipu- lated fum is annually paid. To thofe who are able to help themfelves a little, or have friends from whom they derive fome fuccours, inadequate however to their full jnaintenance, fupplementary aids are given which enable them to live comfortable in their ow n houfes, or in the houfes cf their friends. Vagabonds >\'ithout vifible pj^o- perty or vocation, are placed in workhoufts, where they are well cloathed, fed, lodged, and made to labour. Near- ly the fame method of providing for the poor prevails through all our ftates ; and from Savannah to Forifmouth you will fcldom meet a beggar. In the larger towns indeed ihey fometimes prefeni themftlves. Thcie are ufually foreigners, who have nevcrobtiuncd a fettlement in any parifh. 1 never yet law a Udtive i\merican begging in the iireetsor highways. A fubliilence is eafly gained here : and if, by nasfortunes, they are thi own on the charities of the world, thofe provided by their own county are fo Cv. mforlable and i'o ccitain, that they never think of relin- quiliiing them '.o beccnie iiroliing beggi,rs. Their fitua. ( ^Z7 ) tion too, when Tick, in the family of a good fanner, where every member is emulous to do them kind olTices, where they are vifited by all the neighbours, who bring them the little rarities which their fickly appetites may crave, and who take by rotation the nightly watch over them, when their condition requires it, is without comparifon better than in a general holpital, where the fick, the dying, and the dead are crammed together, in the fame rooms, and often in the fame beds. The difadvantages, infeparable from general hofpitals, are fuch as can never be counter- poifed by all the regularities of medicine and regimen. Nature and kind nurfing fave a much greater proportion in our plain way, at a fmaller expence, and with lefs abufe. One branch only of hofpital inflitution is wanting with us ; that is, a general eilablifhment for thofe labouring under dilficult cafes of chirurgery. The aids of this art are not equivocal. But an able chirurgeon cannot be had in every parilh. Such a receptacle fhould therefore be pro- vided for thofe patients: but no others lliould be admit- ted. Marriages mufl: be folemnized either on fpecial licence, granted by the firlt magiitrate of the county, on proof of the confent of the parent or guardian of either party vn- der age, or after folemn publication, on three feveral fun- days, at fome place of religious worlhip, in the parifhes where the parties refide. The act of folemnization may be by the miniller of any fociety of Chriltians, who Ihali have been previoufly licenfed for this purpofe by the court of the county. Q^iakers and Menonilts however arc ex- empted from all thefe conditions, and marriage amon^ them Is to be folemnized by the fociety itfelf. A foreigner of any n:ition,not in open war with us, be- comes naturalized by removing to the flate to refide, and taking an oath of fidelity : and thereupon acquires every right of a native citizen ; and citizens may divefl them- felves of that characler, by declaring, by folemn deed, or hi open court, that they mean to expatriate thenifclves, and no longer to be citizens of this Hate. Conveyances of land muft be reglflered In the court of the county wherein they lie, or in the general court, or they arc void^ as to creditors, and fubfequent purchaferp. > C 138 ) Slaves pafs by defcent and dower a& lands do. Where the defcent is from a parent, the heir is bound to pay an equal ihare of their value in money to each of his brothers and fiPcers. Slaves, as well as lands, were entailable during the mo- narchy : but by an act of the firft republican affembly, all donees in tail, prefent and future, were veiled with the ab- folute dominion of the entailed uibjecl:. Bills of exchange, being protefted, carry 10 per cent, intereft from their date. No perfon is allowed, in any other cafe, to take more than five per cent per annum fimplc interell for the loan of monies. Gaming debts are made void, and monies actually paid to difcharge fuch debts Cifth'ey exceed 40 fhillings) may be recovered by the payer within three months, or by any other perfon afterwards. Tobacco, flour, beef, pork, tar, pitch, and turpentine, muit be infpecled by perfons publicly ap-pointed, before they can be exported. The ereding iron-works and mills is encouraged by' many previleges ; with neceflary cautions however to pre- vent their dams from obftrucling the navigation of ihe water-courfes. The general afl'embly have on feveral oc- cafions {hewn a great defire to encourage the opening the great falls of James and Potomac rivers. As yet, howe- ver, neither of thefehave been elfeded. The laws have alio defcended to the prefervation and improvement of the races of ufelul animals, fuch as horfcs, • cattle, deer ; to the exterpation of thofe which are noxi- ous, as wolves, fquirrels, crows, blackbirds ; and to the guarding our citizens againfl infectious diforders, by Ot bliging fufpe£led veflels coming into the (late, to perform • quarantine, and by regulating the condud of perfons bav- in fuch diiorderij within the ll;;;te. The mode of acquirmg lands, in the earliefl: times of our fettlement, was by petition to the general affembly. If the lands prayed for were already cleared of the Indian title, and the aflembly thought the prayer reafonable, they pafl'ed the property by their vote to the petitioner. But if they had not yet been ceded by thelndians, it was necef- fary that the petitiontr fliould previoully purchafe tbHr ni^ht. Tills purchafe the aflembly verified, by enquiries vi' the Indian proprietors ; and being fari.^fied of its real- icvand tairncfs, proceetlcd further to examine the reafon- ablenels of the petition, and its confidence with policy j and according to the relult, either Jrrantcd or rejected the petition. The company aUb fornetimer., though very rarely, granted lands independently of the general aflem- bly. As the colony increafed, and ' individual applicati- ons for land multiplied, it was found to ^ive too much oc- cupation to the general aflembly to enquire into and exe- cute the grant in every fpecial cafe. They therefore thought it better to efliablifli general rules, according to which all grants fiiould be made, and to leave to the go- vernor the execution of them, under thefe rules. This they did by what have been ufually called the land laws, amtnding them from time to time, as their defects were developed. According to thefe laws, when an iiiuividu- al wifhed a portion of unappropriated land, he was to lo- cate and furvey it by a public officer, appointed for that- purpofe : its breadtfi was to bear a certain proportion to its length : the grant was to be executed by the governor : and the lands were to be improved in a certain manner, within a given time. From thefe regulations there refulted to the ftatc a fole and exclufive power of taking conveyances of the Indian right of foil : fince, according to them an Indian convey- ance alone could give no right to an individual, which the laws would acknowledge. The flate or the crown, there- after, made general purchafes of the Indians from time to time, and the governor parcelled them out by fpecial grants, conformed to the rules before defcribed, which it was not in his power, or in that of the crown, to difpenfe with. Grants unaccompanied by their proper legal cir- cumltances, were fet afideregillarly byyt7>.•- >vU > "Suli n rt t- f! i- -^ tl f* "So (—1 E . c- ,^ C\ CO t,> bi)-7 J3 3 c Qj _!-. .t; ?5 o r> r ■5:5 ^ ^ o ^ c o bC n3 o OS E-^ ~ "U &> o J ^ -a o o o o o £h Ph o •^ c c c C o o o o '■M rt CS rt rt CO U u u lU rt rt rt a Oh 0-. Cl, 0-, CX w_' . f^ P>~. p^ > > > :: -• . ^ :5 c o hJ-i J 13 w '2 n S E o o »- ^ -iJ ^ « c g h E ^ . bb.5 >£: ^.s ' — r-J^^^' o < = = a ^ ^ H w rt j3 o "Hcvii O — .r- C — te M o rs ,e: o E ' »-< > *« to (^ u c o «J s _c •rj o oi3 ^ •^ ^ )-• C3 ?3 u i-° c o ^. ^— « 2u<:< ^ c o c *-" ji TO I— U 1> « ,>» lu n — P ■^ >-. : ■ Qj c3 c: C — < ju " ,\ 'T^ = ti2 -^ n i_" 3 1- w t! o =-■ .ii p::;cqSu:OC!HCuWyD >% U Ci Cn'TvJ M c-t cr. Tj-unsO t^OO C^O >-i rl r*^ ( M9 ) f.|ii:ire, called hunJ.reds, and in each of tlie.n to eflabllHi a f<:hool for te idling readintj^, writing and arithmetic. The tutor to be fapp.^jrted by the hu-ulreJ and every perlcn in k entitled to lend their children three years gratis, and as much longer as they pleafe, paying lor it. Thefe fchools to be under a vifitor who is annually to chufe the b.)y, of belt genius in the i'chool, of thole whofj parents arc too poor to give thetn further education, and to fend hisn forward to one of the grammar fchools, of which twenty are propofed to be er'ifted in dilFerent parts of the country, for teaching Greek, Ln.tin, Geography, and the higher branches of numerical arith.netic. Of the boys thus fent in one year, trial is to be ma je at the grammar fchools one or two years, and the be(t genius of the whole fele£led, and continued fix years, and the refidiie difmilled. By this means twenty of the befl ge- nu fes will be rc.ked from the rubbiih annually, and be in- flru^led, at the public expence, fofar as the grammar fchools go. At the end of fix years inflruclion, one half are to be difcontinued (from among whom the grammar fchools will probably be fupplied with future maflers ; ) and the other half, who are to be chofen for the fuperiority of their parts and difpofition, are to be fent and cojitinued three years ia the lludy of J'uch fciences as they Ihall chufe, at William and Mary college, the plan of which is propofed to be en- larged, as will be hereafter explained, and extended to ail the ufeful fciences. The ultimate refult of the whole fcheme of education would be the teaching all the children of the flate readino:, writing and common arithmetic : turning- out ten annually of fuperior genms, well taught in Greek, Latin, Geography, and the higher branches of arithmetic : turn- ing out ten others annually, of fi:ill fuperior parts, who, to thofe branches of learning, ijiall have added fuch of the fciences as their genius (liall have led them to : the furnifh- ing to the wealthier part of the people convenient fchools, at which their children may be educated at their own ex- pence. The general objects of this law are to provide an educition adapted to the years, to the capacity, and the con- dition of every one, and diredted to their freedom and hap- pinefs. Specific details were not proper for the law. Thefe muft be the bufinefs of the vifitors entrufi:ed with its execu- tion. The firft (tage of this education being the fchools of U ( ^5° ) the hundreds, wherein the great mafs of the people will re- ceive their inllruction, the principal foundations of future order will be laid here. Inftead therefore of putting the Bi- ble and Tellament into the hands of the children at an age when their judgments are not fufficiently matured for religi- ous enquiries, their memories may here be ftored with the molt ufeful facls from Grecian, Roman, European, and American hillory. The firft elements of morality too may be inftilled into their minds ; fuch as, vyhen furtljer develop- ed as their judgments tidvance in ftrength, may teach them how to work out their own greatefl happinefs, by ihewing them that it does not depend on the condition of life in which ch^mcG has placed them, but is ahvays the refult of a good confcience, good health, occupation, and freedom in all juft purfuits. Thofe vthom either the v^ealth of their parents or the adoption of the ftate fliall deftin^to higher degrees of learning, will go on to the grammar fchools, which confli- tute the next ftage, there to be inftrutted in the languages. The learning Greek and Latin, I am told, is going into dif- ufe in Europe. I know not what their manners and occu- pations may call for : but it would be very ill-judged in us to follow their example in this inftance. There is a certain pe- riod of life, fay from eight to fifteen or fixteen years of age, when the r.iind like the body is not yet firm enough for la- borious and clofe operations. If applied to fuch, it falls an early victim to premature exerticn: exhibiting indeed at firff, in thefe young and tender fubjefts, the flattering appearance of their being m.en while they are yet children, but ending- in reducing them to be children when they fliould be men. The memory is then mofl fufceptible and tenacious of im- preflions ; and the learning of languages being chiefly a work of memory, it feem.s precifely htted to the powers of this period, which is long enough too for acquiring the moft ufe- ful languages ancient and modern. I do not pretend that language is fclence. It is only an inftrument for the attain- ment of fciehce. But that time is not loft which is employed in providing tools for future operation : more efpecially as in this c^fe the books put into the hands of the youth for this purpdfe may be iuch as will at the fame time imprefs their , Hi nds with ufeful fads and good principles. If this period .befuifc.red to pais in idlenefs, the mind becomes lethargic and impotent, as would the body it inhabits if unexercifed • tiuring the fame time. The iynipatliy between body dnd mind daring their rife, progreis and decHnc, is too Itrift nnd obvious to endpnger our being milled while wc rcalon from the one to the other. As foon as they areoFfunicitrut age, it is fuppofed they will be fcnt on from the grammar fchools to the univerfity, which conllitutes our third, and lad (lage, there to iludy ihofe fcienccs which may be adapted to their viev/s. By that part of our plan which prefcribcs the feleclion of the youths of genius from among the clafles of the poor, we hope to avail thcihite of tliofe talents wdiich nature has fown as liberally among the poor as the rich, but which pcrifii without ufe, il not iought for and cultivated. Butof thevicvvsof this lawnoneismore important, nonemore legitimate, than that of rendering the people the fate, as they are the ultimate guardians of their own liberty.. For this purpofe the reading in the firll fcage, where they will receive their whole education, is propofed, as has beenfaid, to be chieHy hi ^orical. Hiitory by apprifing them of the i)a[l will enable them to judge of the future ; it will avail them of the experience of other times and other nations ; it will qua- lify them as judges of the actions and defigns of men ; it will enable them to know ambition under every difguife it mayaflume; and knowing it to defeat its views. In every government on earth is fome trace of human u'eaknefs, fome germ of corruption and degeneracy, which cunning will difcover, and wickednefs infenfibly open, cultivate and im- prove, t very government degenerates when trulled to the rulers of the people alone. The people themfelves therefore are its only fafe depofitories. And to render even them fafe tlieir minds muft be improved to a certain degree. This Indeed is not all that is necefi'ary, though it be eflcntialiy neceflary. An amendment of our conititution mull; here come in aid of the public education. The influence over government mufl be fliared among all the people. If every individual which compofes their mafs participates of the ul- timate authority, the government will be fate ; becauie the corrupting the whole mafs will exceed any private refources of wealth : and public ones cannot be provided but by levies on the people. In this cafe evefy man would have to pay his own price. The government of Great Britain has been corripted, becaufe but one man in ten has a right to vote U2 •..-■• ( '5^ ) • for metnbcrs of parliament. I'lie fellers of the government therefore get nine-tenths of their price clear. It has been thought thrit corruption is reflrained by confining the right of fuifrage to a few of the wealthier of the people : but it would be more efFeftually reilrained by an extenfion of that right to fuch numbers as would bid defiance to the means or corruption. Lailiy, it is propofed, by a bill in this revifal, to begin a public library and gallery, by laying out a certain fum an- nually in books, paintings, and Ifatutes. ^EKT XV. _|_ II-E colleges and public e/iabliJJnuenis, the roads ^ lu'ild- ings, iscJ The college of William and Mary is the only public femi- nary of learning in this (late. It was founded in the time of King William and C)^uccn Mary, who granted to it 20,000 £icres of land, and a penny a pound duty on certain tobaccces exported from Virginia and Maryland, which had been le- vied by the ftatute of 25 Car. 2. The alVcmbly alio gave it, by temporary laws, a duty on liquors imported, and fl-:ins iind furs exported. From thefe refources it received upwards of 3000I. communibus annis. The buildings are of Irick, lufiicient for an indiflerent accommodation of perhaps an hundred O.udcnts. By its charter it was to be under the government of tv. enty vifitors, who were to be its Icgijdators, imd to have a prefident and fix profelfors, who were incor- ]->orated. It was allowed a reprefentative in the general af- fembly. Under this charier, a profefiorliiip of the Greek raid Latin languages, a proftliorfhip ol mathematics, one of moral philofophy, and two of divinity, wtre eftr.blifiicd. — 'J'o thefe were annexed, for a fixth profellorlliip, a confi- derable donation by Tvlr. Boyle, of England, for the inflruc- tion of the Indians, and their converlion to Chriflianity. 'll^.is was called the prolelloilhip of Brallerton, from an eflate ol that name in F.nglaud, purchafcd with the monies given, 'ihe admiflion of tlie Uarnus of Latin and Greek filled the ( '53 ) college wlili chilJren. This rendering it difagrceable and degrading to young gentlemen already prepared for tnttiing on the fcienccs, they were difcouraged from rcfortin^ to it, and thus the Ichools for matlieinatics and moral philolbphv, which might have been of fome fervice, became of very lit- tle. The revenues too were exhaulted in accommodating thofe who came only to acquire the rudiments of fciencc. — After the prefent revolution, '.he vihtors, having no power to change thofe circumlhmces in the conflituticm of the col- lege which were fixed by the charter, and being therefore confined in thenumber of profelVorfhips, undertook to change the objecls of the profelforfhips. They excluded the two fcliools for divinity, and that for the Greek and Latin lan- guages, and fubliituted others ; fo that at prefent they Hand thus : A ProfefTorfliip for Law and Police : Anatomy and Medicine : ^Natural Philofophy and Mathematics : Moral Philofophy, the Law of Nature and Nations, the Fine Arts : Modern Languages : Tor the Braif'erton. And it Is propofed, fo foon as the Icgiflature fhall have leifure to take up this fubjeft, to defire authority from them to increafe the number of profelforihips, as well for the purpofe of fubdividing thofe already inftituted, as of adding others for other branches of fcience. To the profeirorHiips ufually eftablifhed in the univerfities of J'^urope, it would feem proper to add one for the ancient languages and litera- ture of the North, on account of their connexion with our own language, laws, cuflcnis, and hiflory. The purpofes of the Bratierton inftitution would be better anfwered by maintaining a perpetual miflion among the Indian tribes, the obj Jcf of which, behdes inflrucf ing them in the principles of Chriftianity, a? the founder requires, fhould be to collect their traditions, laws, cuftoms, languages, and other cir- cumflances which might lead to a dilcovery or their relation with one another, or defcent from other nations. When thefe objeilts are accomplifhed with one tribe, mifTionary might pafs on to another. The roads are under the government of the county courts, fubjed to be controuled by the general court. They order ( ^54 ) new roads to be opened wherever they think fhemnecelTary, The inhabitants of the county are by them iaid off into pre- cincts, to each of which they allot a convenient portion of the public roads to be kept in repair. Such bridges as may be built without the affiftance of artificers, they are to build. If the dream be fuch as to require a bridge of regular work- rnanfliip, the court employs workmen to build it, at the cxpence of the whole county. If it be too great for the coun- ty, application is made to the general aflembly, who author- ife individuals to build it, and to take a fixed toll from all palfengers, or give fandion to fuch other propofition as to them appears reafonable. Ferries are admitted only at fuch places as are particular- ly pointed out by law, and the rates of ferriage are fixed. Taverns are licenfed by the courts, who fix their rates from time to time. The private buildings are very rarely confl:ru£ted of ilone or brick J much the greateft portion being of fcantling and boards, plaillered with lime. It is impoiTible to devife things more ugly, uncomfortable, and happily more perifhable. There are two or three plans, on one of which, according to its fize, moft of the houfes in the ftate are built. The pooreft people build huts of logs, laid horizontally in pens, flopping the interftices with mud. Thefe are warmer in win- ter, and cooler in fummer, than the more expenfive con- flruftion of fcantling and plank. The wealthy are attentive to the raifing of vegetables, but very little fo to fruits. The poorer people attend to neither, living principally on milk and animal diet. This is the more inexcufable, as the climate ' requires indifpenfably a free ufe of vegetable food, for health as wellas comfort, and is very friendly to the raifing of fruits. The only public buildings worthy mention are the capitol,- the palace, the college, and the hofpital for lunatics, all of them in Williamfburgh, heretofore the feat, of our govern- ment. The capitol is a light and airy flrudurc, with a portico ill front of two orders, the lower of which, being Doric, is tolerably juft in its proportions and ornaments, f^ve only that the intercolonations are too large. The upper is. Ionic, much too fmall for that on which it is mounted, its orna- ments not proper to the order, nor proportioned within t lemfelves. It is crowned with a pediment, which is too high tor its fpan. Yet, on the whole,, it is the rjoft plcafing piece ( >5S ) of architecture we have. The pahice is nothandfome with- out, but it is Ipacious and commodious within, is prettily fituated, and with the grounds annexed to it, is capable of being made an clee;ant feat. The college and hofp'.tal are rude, mif-liiapen piles, which, but that they have roofs, would be taken for brick-kilns. There are no other public buildings but churches and court-houfes, in which no attempts are made at elegance. Indeed it would not be eafy to execute fuch an attempt, as a workman could fcarcely be found here capable of drawing an order. The genius of architecture feems to have fhed its maledlQions over this land. Buildings are often ereded, by individuals, of confiderable expence. To give thefe fymmetry and tafte would not increafe their coil. It would only change the arrangement of the materials, the form and combination of the members. This would often coll lefs than the burthen of barbarous ornament with which thele buildings are fometimes charged. But the firft principles of the art are unknown, and there exilts fcarcely a model among us fufficiently chafte to give an idea of them. Archi- tedure being one of the fine arts, and as fuch within the department of a profeflbr of the college, according to the new arrangement, perhaps a fpark may fall on fome young fubjecls of natural tafte, kindle up their genius, and produce a Veformation in this elegant and nfeful art. But all we fliall do in this way, will produce no permanent improve- ment to our country, while the unhappy prejudice prevails that houfes of brick or (lone are lefs wholefome than thofe of wood. A dew is ofcen obferved on the v\'alls of the for- mer in rainy weather, and the moft obvious folution is, that the rain has penetrated through' thefe walls. The following facts however, are fufficient to prove ti i error of this foluti- on. I. This dew upon the walls appears when there is no rain, if the (late of the atmofphere be moifl. 2. Ic appears on the partition as well as the exterior walls. 3. So alfo on pavements of brick or ftone. 4. It is more copious in proportion as the walls are thicker; the revcrfe of which ought to be the cafe, if this hypothefis were juil. If cold water be poured into a veil'el of ilone, or glafs, a dew forms inflantly on the outfide : but if it be poured into a veflel of wood, there is no fuch appearance. It is not fuppofcd in the firft cafe, that the water has exuded through the glafs. ( >56 ) but that it is precipitated from the circumambient air ; as the humid particles of vapour, palhng from the boiler of an alembic through its refrigerant, are precipitated from the air, in which they were fufpended, on the internal furface of the refrigerant. Walls of brick or flone ad as the re- frigerant in this inflance. Ihey are fufficiently cold to condenfe and precipitate the moillure fufpended in the air of the room, when it is heavily charged therewith. But walls of wood are not fo. The queftion then is, whether air in which this moifture is left floating, or that which is deprived of it, be mofi: wholefome ? In both cafes the remedy is eafy. A little fire kindled in the room, whenever the air is damp, prevents the precipitation on the walls : and this praQice, found healthy in the warmed as well as coldefi: feafons, is as necelfary in a wooden as in a ftone or brick houfe. I do not mean to fay, that the rain never penetrates through walls ot brick. On the contrary I have feen inftances of it. But with us it is only through the northern and eaflern walls of the houfe, after a north-eafterly ftorm, thefe being the only ones which continue long enough to force through the walls. This however happens too rarely to give a jull cha- racter of unwholefomenefs to fuch houfes. In a houfe, the walls of which are of well-burnt brick and good mortar, I have feen the rain penetrate through but twice in a dozen or fifteen years. The inhabitants of Europe, who dwell chiefly in houfes of ftone or brick, are furely as healthy as thofe of Virginia. Thefe houfes have the advantage too of being warmer in winter and cooler in fummer than thofe of wood ; of being cheaper in their firfl conftruction, where lime is con- venient, and infinitely more durable. The latter confider- ation renders it of great importance to eradicate this preju- dice from the minds of our countrymen. A country whofe buildings are of wood, can never increafe in its improve- ments to any confiderable degree. Their duration is high- ly eftimated at 50 years. Every half century then our coun- try becomes a tabula rafa, whereon we have to fet out anew, as in the firll moment of feating it. Whereas when build- ings are of durable materials, every new edifice is an actu- al and permanent acquifition to the ftate, adding to its value as well as to its ornament. C ^S7 J ^UERr XVI. j[ H F m^ifurcs taken -u)ith rcy^ard to the c/la:cs and pojjtffiom of the rebels i eommonh called tories ? A tory his been properly defined to be a traitor in thouglit but not in deed. The only defcription by which the laws have endeavoured to come at them, wa«; that of non jurors, or perfons refufing to take the oath of fidelity to the ftatc. Pcrfons of this defcription were at one time fubjecl:cd to double taxation, at another to treble, and laftly were allow- ed retribution, and placed on a level wirli good citizens. It may be mentioned as a proof both of the lenity of our government, and unanimity of its inhabitants, that llirugh this vvar has now raged near feven years, not a fingle exe- cution for treafon has taken place. Under tiiis query I will Hate the mcafures which have been adopted as to Bririfh property, the owners of which iland on a much fairer footing than the tories. By our laws, the fame as the Englifli in this rcfpec:!:, no alien can hold lands, nor alien enemy maintain an adion for money, or otiier moveable thing. Lands acquired or held by aliens become forfeited to the Hate ; and, on an adion by an alien enemy to recover money, or other moveable pro- perty, the defendant may plead that he is an alien enemy. This extinguiflics his right in the hands of the debtor or holder of his moveable property. By our feparation front Great Britain, Britifh fubjecls became aliens, and being at war, they were alien enemies. Their lands were of courfe forfeited, and their debts irrecoverable. Thealfembly how- ever palled laws, at various times, for faving their property. They iirft fequeftered their lands;, flavcs, and othei" pro- perty on their farms in the hands of commiflioners, who were mollly the confidential friends or agents of the owners, and direiSted their clear profits to be paid into the treafury : and they gave leave to all perfons owing debts to Britifii fiil')jecl:s to pay them alio into the treafury. The monies fo to be brought in were declared to remain the property of the Britifli fubjed, and, if ufed by the ftate, were to be re- paid, unlefsan improper conduct in Great Britain fliould W ( 158 ) render a detention of it reafonable. Depreciation had at that time, though unacknowledged and unperccived by the whJgSj begun iufoiiie fmall degree. Great fums of money were paid in bv debtors. At a later period, the ailembly, adhering to the political principles which forbid an alien to hold lands in the (late, ordered all Britifh property to be fold : aiid, become fenfible of the real progrefs of depreci- ation, and ofthelofles which would thence occur, if not guarded againfl, they ordered that the proceeds of the fales fhould be converted into their then worth in tobac co, fub- ject 'o the future direction of the legiflature. Ihis aft has left the queftion of retribution more problematical. In May 1780, another a 1 took away the permiffion to pay into the public treafury debts due to Britifli fubjefts. ^EKT XVII. H E- different religiotis received into thatjlate f The firft fettlers in this country were emigrants from England, of the EngliOi church, juft at a point of time when it was fluilied with complete victory over the reHg^ous of all other perfuafions. PoU'eifed, as they became, of the powers of making, adminiftering, and executing the laws, they fliewed equal intolerance in this country with their Pred^yterian brethren, who had emigrated to the northern government. The poor Quakers were flying from perfecu- tion in England. They caft their eyes on thefe new countries a-s afylums of civil and religious freedom; but they found them free only for the reigning feet. Several ads of the Virginia afierably of 1659, 1662 and 1693, had made it penal in parents to refufc to have their children baptized : had prohibited the unlawful aifembling of Quakers ; had made it penal for any mailer of a veiTel to bring a Quaker into the ftate ; had ordered thofe already here, and luch as (hould come thereafter, to be imprifoncd till they ll.ould ab- jure the country ; provided a milder puniOmient for their fir It and fecond return, but death for their third ; had in- hibifed all perlons from fuffering their meetings in or near their houfcs, entertaining them individually, or difpofmg C 159 ) of books which fupported their tenets. If no execution took place here, as did in New-England, it was not owiii^ to the moderation of the church, or fpiritofthe legiflature, as may be inferred from the hiw itfclf ; but to hiftorical circunilbnces which have not been handed down to us. The Anghcans retained full poflellion of the country about a century. Other opinions began then to creep in, and the great care of the government to iupporr their cnvn chuvch, having begotten an equal degree of indolence in its clergy, two-thirds of the people had b.,'Come difibntcrs at the com- mencement of the prefent revolution. 'Ihe laws intic^d were fbill oppreflive on them, but the fpirit of the pne party had fubhded into moderation, and of the o^hcr had rifen to a degree of determination which command'.d refpeft. The prefent (tare of our laws on the fubject of reli^rion is this. The convention of May 1776, in their declarntion of rights, declared it to be a truth, and a natural right, that the exercife of religion Ihould be free, but when they pro- ceeded to form on that declaration the ordinance of govern- ment, indead of taking up every principle declared in the bill of rights, and guarding it by legiilative fan«5tion, they palTed over that which afl'ertcd our religious rights, leaving chem as they found them. The fame convention, however, when they met as a member of the. general afl'emblyin Octo- ber, 1776, repealed all acls of parl'uunent which had render- ed criminal the maintaining any opinions in matters of re- ligion, the forbearing to repair to church, and the exer- cifing any mode of worship ; and fufpendcd the laws giving ialaries to the clergy, which fufpenfion was made perpetual in October 1778. Statutory opprelhons in religion being til us whiped away, we remain at prefent under thofe only impofed by the common law, or by our own adls of aficin- bly. At the common law, hercfy was a capital offence, punifhahle by burning. Its definition was left to the eccle- iiaftical judges, before whom the convidion was, till the Icatute of the i El. c. i. circumfcribed it, by declaring, that nothing {hould be deemed herefy, but what had been fo determined by authority of the canonical fcriptures, or by one of the tour firfl: general councils, or by fome other council having for the grounds of their declaration the e'c- prefs and plain words of the fcriptures. Ilerefy, thus cir> W 3 ( i6o ) cumfcribeu, being an offence at the common law, our aft of aiicrubly of October, 1777, c. 17. gives cognizance oJ: it to the general court, by declaring, that the jurifdidion of that court firall be general in all matters at the common lau\ The execution is by the writ De hcsrciico comburendo. By our own aci: of affenibly ot 1705, c. 2)^. if a perfon brought up in the Chriitian religion denies the being of a God, or the Trinity, or afierts there are more gods than one, or denies the Chrifhan religion to be true, or the fcrip- tures to be of divine authority, he is punifhable on the firft offence by incapacity to hold any ofnce or employment ec- clerraitical, civil, or mihtary ; on the fecond by difabihty to fue, to take any gift or legacy, to be guardian, execu- tor, adminiitrator, and by three years imprifonment with- out bail, A father's right to thecufliody of his own child- ren being founded in law on his right of guardianfhip, this being taken avv'ay, they may of courfe be fevered from him, and put by the authority of a court, into more orthodox hands. This is a fummary view of that religious llavery, un- der which a people have been willing to remain, who have lavhhed their lives and fortunes for the eftablifhment of their civil freedom. * The error feems not fufficiently eradicated, that the operations of the mind, as well as the ads of the body, are fubjed to the coercion of the laws. But our rulers can have no authority over fuch natural rights only as we have fubmitted to them. The rights of confcience we never fubmitted, we could not fubmit. We are anfwerable for them to our God. The legitimate powers of govern-. ?7ient extend to fuch acls only as are injurious to others. But it does me no injury for my neiglibour to fay there are twenty gods, or no god. It neither picks my pocket nor breaks my leg. If it be faid, his teilimony in a court of juilice cannot be rf lied on, rejett it then, and be the Itigma on him. Conftraint may make him worfe by making him a hypocrite, but it will never make him a truer man. It may fix him obflinately in his errors, but will not cure them. Reafon and free inquiry are the only tffecliial agents again (I error.— rGive a Icofe to them, they will fupport the true religion, by bringing every falfe one to their tribunal, to the tell of their inveltigadon. They are the natural cne- n;^es of error, and pf error only. Had not the Roman go- ^ Fiirneaux pailini. i vcrnnicnt permitted free inquiry, Chrlflianity couIJ never have been introducc('. Had not free inquiry been indul;^cd at the icra of the reformation, the corruptions of Chriltian- ity could not have been purged away. U it be retrained now, tlie prefent corruptions will be protected and ncv ones encouraged. Was the government to prefcribe to us our medicine and diet,' our bodies would be in fuch keepiii;^- as our fouls arc now. Thus in France the emetic was once forbidden as a medicine, and the potatoe as an article of food. Government is jull as infallible too when it lixes lyftems in phyfics. Galileo was fent to the inquifition for affirming that the earth was a fphere : the government had declared it to be as flat as a trencher, and Galileo was o- bliged to abjure his error. This error however at length prevailed, the earth became a globe, and Defcartes declared it was whirled round its axis by a vortex. The govern- ment in which he lived was wife enough to fee that this was o no quedion of civil jurifdiclion, or we (liould all have been involved by authority in vortices. In fact, the --ortices have been exploded, and the Newtonian principle o' gravi- tation is now more firmly eltabliflied, on thebafis of rcafon, th;m it would be were the government to ftep in, and to make it an article of neceffary faith. Rcafon and experi- ment have been indulged, and error has fled before them. It is error alone which needs che fupport of govern n-'-ent. Truth can fland by itfelf. Subjedb opinion to coercion : whom will you make your inquifitors ? Fallible men ; men. governed by bad paifions, by private as well as public rea- fons. And why fubjecc it to coercion ? To produce uni- formity. But is uniformity of opinion defirable ? No more than of face and ftature. Introduce the bed of Procruftes then, and as there is danger that the large men may beat the fmall, make us all of a fize, by lopping the former and flretching the latter. Difference of opinion is advan- tageous in religion. The feveral feels perform the office of a cenfor morum over each other. Is uniformily attainable ? Millions of innocent men, women, and children, fince the introduction of Chrillianity, have been burnt, tortured, fined, imprifoned ; yet we f^ave not advanced one inch to- wards uniformity. What has been the eileel of coercion ? to make one half the world fools, and the other half hypo- crites, To fupport roguery and error all over the earth. Let us reflect that it is inhabited by a thoufand millions of people. Ihat thefe profeis probably a thousand different fyflcms of religion. That ours is but one of that thoufand. 'I'hat if there be but one right, and ours that one, we fhould wilh to fee the 999 wandering fects gathered into the fold of truth. But againfl fuch a majority we -cannot effeft this by force. Reafon and perfuafl. n are tlie only practicable in- (Iruments. To make way for thefe, free inquiry n'.uil be indulged ; and how can we wifli others to indulge it while W"e rcfufe it ouri elves. But every fiate, fays an inquifitor, has eflablidied fome religion. No two, fay I, have eftabliihed the fame. Is this a proof of the infallibility of edablilhments ? Our filler liates of Pennfylvania and New-York, however, have long fubfifted Vv'ithout any eflablilhment at all. The experiment was new and doubtful when ^hey made it. It has anfwered beyond conception. They flourifli infinitely. Religion is well fupported ; of various kinds, indeed, but all good enough ; all lufficient to preferve peace and order : or if a feci arifes, whofe tenets would fubvert morals, good fenfe has fair play, and reafons and laughs it out of doors, with- out futTering the (late to be troubled with it. They do not hang more malefaClors than we do. They are not more diiturbed with religious dilfentions. On the contrary,- their harmony is unparalleled, and can be afcribed to nothing but their unbounded tolerance, becaufe there is no other circumftance in which they differ from every nation on earth. lliey have made the happy difcovery, that the way to filence religious difputes, is to take no notice of them. Let us too give this experiment fair play, and get rid, while we may of thofe tyrannical laws. It is true, we are as yet fecured. againff them by the fpirit of the times. I doubt whether the people of this country would fuffer an execution for her- efy, or a three years imprii'onment for not co.nprehcnding the myilerics of th'e Trinity. But is the fpirit of the people an inlallible, a perraan^mt reliance ? Is it government ? Is this the kind of proteclion we receive in return for the rights xve give up ? Befuies, the fpirit of the times may alter, will alter. Our rulers will become corrupt, our people carelefs. A fjngle zealot may commence perfecutor, and better men be his via; ins. It can never be too often repeated, that the time for h:^ijig evci-y .eifenti.il right on a le^^'al bafis is while ( »63 ) our rulers are honcH:, and ourfclvcs united. From the con- clufion of this war we fliall be going down hill. It will not then be neceilary to refort every moment to the people tor fupport. They will be forgotten, thcrcrore, and their rii;hts diiregarded They will forget thcmlelves, but in the fole f.Kulty of" making money, and wiil never think, of" uniting to eireiri: a due relped tor their rights. The fhacklcs, thtrct'ore, which nia'i not be knocked oil" at the conclufion of this war, will remain on us long, will be made heavier and heavier, till our rights thall revive or expire in a convultlon. QJJ E R Y XVIir. T. H E particular cujloms and ?nanners that may happen te be received in that Jiate? It is dilUcult to determine on the flandard by which the manners of a nation may be tried, whether catholic or parti- cular. It is more difficult for a native to bring to that ftand- ard the manners of his own nation, familiarifed to him by habit. There mufl doubtlefs be an unhappy influence on the manners of our people produced by the exigence of ilavery among us. The whole commerce between mailer and ilave is a perpetual exercife of the mod boifterous paflions, the moll unremitting defpotifin on the one parr, and de- grading fubmiifions on the other. Our children fee this, and learn to imitate it; for man is an imitative animal. — This quality is the germ of all education in him. From his cradie to his grave he is learning to do what he fees others do. If a parent could find no motive either in his phi]?.n- thropy or his felf-Iove, for reftraining the intemperance of pailion towards his flave, it (hould always be a fufncient one that his child is prefent. But generally it is not luflicient. The parent ilorms, the child looks on, catches the linea- ments of wrath, puts on the fame airs in the circle of fmailer flaves, gives a loofe to the worft of his paflions, and thus nurfed, educated, and daily exercifed in tyranny, cannot but be ftamped by it with odious peculiarities- 1 he man mufl be a prodigy who can retain his manners and morals ( i64 ) undepraved by fuch circumflances. And with what execra- tion fhouid the ftatefman be loaded, who permitting one half the citizens thus to trample on the rights of the other, transforms thofe into defpots, and thefe into enemies, deftroys the morals of the one part, and the amor patriae of the other. For if a flave can have a country in this world, it niuft be any other in preference to that in which he is born to live and labour for another: in which he mud lockup the faculties of his nature, contribute as far as depends on his individual endeavours to the evanilhment of the human race, or entail his own miferable condition on the endlefs generations proceeding from him. With the morals of the people, their induilry alfo is deftroyed. For in a warm cli- mate, no man will labour for himfelf who can make another labour for him. 1 his is fo true, that of the proprietors of Haves a very fmall proportion indeed are ever feen to labour. And can the liberties of a nation be thought fecure when we h;ive removed their only firm bafis, a convidion in the minds of the people that thefe liberties are of the gift of God ? That they are not to be violated but with his wrath ? Indeed I tremble for my country when I reflect that God is jufl: th?.t his judice cannot fleep for ever : that confidering numbers, nature and natural means only, a revolution of the wheel of fortune, an exchange of fituation is among poilible events : that it may become probable by fupernatu- ral interference ! The Almighty has no attribute which can take fide with us in fuch a conteft. But it is impoflible to be temperate and co purfue this fubjed through the various confiderations of policy, of morals, ofhiftory, natural and civil. We muft: be contented to hope they will force their way into every one's mind. I think a change already per- ceptible, fince the origin of the prefent revolution. The fpirit of the mafter is abating, that of the Have rifing from the duft, his condition mollifying, the way I hope preparing under the aufpiccs of heaven, for a total emancipation, and that this is difpofed, in the order of events, to be with the confent of the mafters, rather than by their extirpation. ( ^^5 ) Q^U E R Y XIX. X H E prcfent Jlate of 7nanufaclur^Sf commerce, interior and exterior trade ? We never haJ nn interior trade of anv imporrnnce. Our exterior commerce lias TulFered very much from tlie hej;in- niag of the prefent conteft. During this time we have ma- nufactured within our families the mofl neceflary articles of cloathing. Thofc of cotton will bear fome comparilon vv'iih the fame kinds of manufadure in Europe ; but thofe of wool, flax a'.id hemp are very coarfe, unfif'^htly and unnle:-,- f:\nt ; and fuch is our attr.chment to agriculture, and Incii. our preference for foreign manufacburcs, that be it wife or unwife, our people will certainly return as foon as they cr.n, to ihe ralfing raw materials, and exchanging them for finer manufactures than they are able to execute themfelvcs. - The political economics of Europe have eflabliOied it as a principle that every (late (liould endeavour to manufacture for itfelf : and this principle, like many others, we transfer to America, without calculating the diflerence of circum- flance ^\ hich diould often produce a difference of refult. la Europe the lands are either cultivated, or locked up againft: the cultivator. Manufacture mufl therefore be reforted to of neceffity not of choice, to fupport the furplus of their people. But we have an immenfity of land courting the- induftry of the hultandman. Is it bed then that all our citi- zens fhould be employed in its improvement, or that one half fhould be called off from that to exercife manufactures- and handicraft arts for the other ? Thofe who labour in the earth are the chofen people of Ood, if ever he had a choferi people, whofe breads he has made his peculiar depofit for fub- ftantial and genuine virtue. It is the focus in which he keeps alive that facrcd fire which othervvife might efcape from the face of the earth. Corruption of morals in the mafs of cul- tivator? is a phssnomcnon of which no age nor nation has- furniflied an example. It is the mark fet on thole, who not looking up to heaven, to their own foil and induftry, as does the hufbandman for their fubfiflence, depend for it on. the cafualties and caprice of cuftomers. Dependence begets fubfervience and veoality, fuffocates the germ of virtue,' and A ^^ i66 ) prepares fit tools for the defigns of ambition. This, the natural progiels and confequence of the arts, has fometimes perhaps been retarded by accidental circumftances : but ge- nerally fpeaking, the proportion which the aggregate of the other clailes of citizens bears in any ilate to that of ics huf- baiidmeii, is the proportion of its unfound to its healthy p'.rts, and is a good enough barometer whereby to meafure its 'degree of corruption. While we have land to labour then, let us never wiili to fee our citizens occupied at a work-benrh, or twirling a diflaff. Carpenters, mafons, fmiths, are wanting in huib'andry : but for the general ope- rations of maimfadurc, let our work-lhops remain in Europe. It is better to carry provifions and materials to workmen thcre^ than bring them to the provifions and materials, and with them their manners and principles. The lofs by the tranfportation of commodities acrofs the Atlantic will be made up in happinefs and permanence of government. The mobs of great cities add juft fo much to the fupport of pure government, as fores do to the flrength of the human body. It is the m.anners and fpirit of a people which preferve a re- public in vigor. A degeneracy in thefe is a canker which foon eats to the heart of its laws and conllitution. Q^ U E R Y XX. NOTICE of the cmmerclal -produdAons particular %) the Jiate, and of thofc ohje^s "which the inhabitants are obliged to get from Europe and from other parts of the world? Before the prefent war we exported communlbus annis, according to the bed information I can get, nearly as dat- ed in the following page. In the year 1758 we exported feventy thoufand hogfiieads of tobacco, which was the greatefi: quantity ever produced in this country in one year. But its culture was faft. declin- ing at the commencement of this war, and that ot wheat taken its place : and it niulf continue to dechne on the re- turn cf peace. I fufped that the change in the temperature cf our climate has become fenfible to that plaat> which, to C ^^7 ) ^ Q» ;« G. ^ ., mW H"" -( »> -i- » rl ^o^c O c ":? o o>o o r« O CO vO f<" fv, cr. » M ^/~ x3 o o ^ N- 'T ■^ <3 t- &,c 'V rj "^ cS u OK- tr. O (U U ^ -O -° -= o o GOO O O O ° o"^ o o> o o irt o ^ o o o o o o o , r-*^~> f« ij to c s "^ ,- .r t) 5^ o o , ^.S/ •^2 5, u CU c ^-r ,o ?J X2 o - CU. fit's ^ii .t: S o 2 -^ 5 o. G- cc c/> _: in ^' ^ fcO c he good, requires an extraordinary degree of heat. But if J-equires dill more indifpenrably an uncommon fertility of foil 1 and the price which it commands at market will not enable the planter to produce this by manure. Was the fuppiy fcill to depend on Virginia and Maryland alone, as its culture becomes more difficult, the price would rile, fo a: to enable the planter to furmount thofe difficulties and to live. But the weftern country on the Miffiilippi, and the midlands of Georgia, having frefh and fertile lands in a- bunJance, and a hotter fun, will be able to underfell thefe two dates j and v. ill oblige them to abandon thi raifing to- bacco altogether. And a happy obligation for them it will be. it is . a culture productive of infinite wretchednefs« Thofe employed in it are in a continual (late ofexertion^ beyond the power of nature to fupport. Little food of any kind is raifed by theni : fo that the nien and animals en thefe farms are badly fed, and the earth is rapidly impover- iihed. The cultivation of wheat is the reverfe in every cir- cumitance. Befides cloathing the earth with herbage, and preferving its fertility, it feeds the labourers plentifully, re- quires from them only a moderate toil, except in the feafon of harvel]:, raifes great nuhibers of animals for food and fer- vice, and difl'ufes plenty and happinefs among the whole. We find it eafidr to make an hundred bulhels of wheat than a thoafand weight of tobacco, and they are worth more wh^n made. The weavil indeed is a formidable obftacle to the cultivarion of this grain with us. But principles are al- ready known which mutt lead to a remedy. Thus a cer- . tain ds'T-ree of heat, to wit, that of the common air in I'um- iner, is ncct iTary to haich the egg. If fubterranean grana- ries, or o'lhers, therefore, can be contrived below that tem- pei'ature, the evil will be cured by cold. A degree of heat • beyond that which hatches the egg we know will kill it. But in aiming at this v.eeafily run into that which produc- ts putrefaction. To produce putrefadion, however, three agents'are requifite, heat, moillure, and the external air. If theabfcnce of any one of tht'e be fecurcd, the other two tilay fafely be admitted. Heat is the one we want. , Moift- ure then, or external air, muH: be excluded. The former has been done by expoimg the grain in kilns to the action of fire, which prodmes heat, and extracts moillure at the Tame time : the latter, by putting the grain into hogfhcads c^^\rtnn'j it with a ccut ot lirnc, and heading it up. In this ( 1^9 ) fituation its bulk produced a heat fuflicient to kill the egj^ ; the moilture is lutl'cred to remain indeed, but the external air is excluded. A nicer operation yet has been attempted ; that is, to produce an intermediate tcrnpcinture ot htat be- tween that which kill.? the egg, and that which produces putretadian. The thrcHiing the grain as foon as it is cut, and laying it in its chad'in large heaps, has been found very nearly to hit this temperature, though not perfectly, nor always. The heap generates heat fufHcient to kill moft ot" the tg'/s, wh'Kl the chaft'conimonly reitrains it froui riiuig into putrcfadion. But all iheie methods iibridge too much the q rantity which the farmer can manage, and enable o- ther countries to underlell him which are not infelled with this infecl:. There is iViW a dehderatum then to give with us decifive triumph to thisbranch of agriculture over that of tobacco. — ihe culture of wheat, by enlarging our piMiLire, will render the Arabian horfe an article of very confiderable proht. I'^xpcrience has fnewn that ours is the particular climate of /imerica where he may be raifed with- out degeneracy. Southwardly the heat ot the fun occafions a deficiency cfpadure, and northwardly the winters are too cold for the fliort and iine hair, the particular fenfibility and conftitution of that race. Animals tranfplanted into un- friendly climates, either change their nature and acquire '■ new fences againfl the new dillicuhies in which they are pi iced, or they multiply poorly and become extinct. A good foundation is laid for their propagation here by our pod'eiUng already great numbers of horfes of that blood, and by a decided tafte and preference for them eOabliflied a- mong the people. Their patience of heat without injury, their fuperior wind, fit them better in this and the more fouthern climates even for the drudgeries of the plough and waggon. Northw-ardly they will become an objccl only to perfons of tafte and fortune, for the faddle and light carri- ages. To thofe, and lor thefe ules, their fieetnefs and beau- ty will recommend them. — Befides thefe there will be other valuable fubllitutes when the cultivation of tobacco fhall be difcontinued, fuch as cotton in the eaftern parts of the flate, and hemp and flax in the weftern. It is not eafy to fay what are the articles eiiher of necefli- ly, comfort, or luxury, which we cannot raife, and which ve therefore (hall be under a ncceflity of importing from abroad, as every thing h:\rdier than the olive, and as hardy ( I70 ) . as the fig, may be ralfed here in the open air, Sugar, coffee and tea, indeed, are not between thefe limits ; and habit hav^ ing placed them among the neceffaries of life with the weal- thy part of our citizens, as long as thefe habits remain we mud go for them to thofe countries which are able to fur- nifli thcm._ O U E R Y XXI. IT £ n E weights, meafures, and the currency of the hard mo- ney ? Seme details relating to exchange ivith Europe ? Our weights and meafures are the fame which are fixed by ads of parliament in England. — How it has happened that in this a5 weil as the other American ftates the nominal value of coin, was made to differ irom what it was in the country we had left, and to differ among oarfelves too, I am not able to fay with certainty. I find that in 163' our houfe of burgeffes defired of theprivy council in England, a coin de- bafed to twenty five per cent : that in 1 645 they forbid deal- ing by barter for tobacco, and eftabliflied the Spanifh piece of eight at fix fliillings, as the ftandard of their currency : that in 1655 they changed it to five (hillings flerling. In 16S0 they fcnt an addrefs to the king, in confequence of which, by proclamation in \ 683 he fixed the value of French crowns, rix dollars and pieces of eight at fix fhillings, and the coin of New-England at one {lulling. That in 1710, 1714, J727, and 1762, other regulations were m.ide, which will be better prefented to the eye flatedin the form of a table in the luccecding page. The firft fymptom of the depreciation of our prefent paper money, was that of filver dollars felling at fix fliillings, which had before been worth but 5 (hillings and 9 pence. The affem- bly thereupon raifed them by law to fix flnllings. As the dol- lar is now likely to become the money-unit of America, as it paffes nt this rate in fome of our filler ffates, and as it la- cilitates their computation in pounds and fhillings, h e con- verfo, this fecms to be more convenient than its former de- nomination. But as this particular coin now ftands higher than any ether in the proportion of 133* to 125 or 16 to 1 5, it will be ncceffary to raife the ethers in proportion. ( '7' ) I '^ — ; I Q O ?3 — ? ^ — - >3 r) g 3^ ij rD [ t — 3 ft n i/> r' <^ ^ • -I ■ :? '^ s, ^'' f 1 ^ ~ r: " c .o 2 f» y ■* -t n -1 n « O §.^ 3 — — o 3 O - 3 o — • 3 O f^ '; a- -I 3 ^- ■j^ .3 a. J n o C 3 O X 1 — -'^'y-^ (-'V>-' o S ^T a. c- M JJ -f- "^I n ( 17^ ) Q U E R Y XXII. H E public iricGine and CKpcnces ? The nominal amount of thefe varying conflantly and ra- pidly, witli the conllant and rapid dtprecialion of our paper money,- it becomes imprafticable to fay what they are. We find ourfelves cheated in every elfay by the depreciation in- tervening between the declaration of the tax and its adual receipt. It will therefore be more fatisfaclory to confider what our income may be when \v& fliall find means of col- iedb'ng what our people may fpare. I (hould eflimate the whole taxable property of this ftate at an hundred millions of dollars, or thirty millions of pounds our money. One per cent, on this, compared with any thing we ever yet paid, would be deemed a very heavy tax. Yet I think that thofe who manage well, and ufe reafonable economy, could pay one and a half per cent, and maintain their houfehold comfortably in the mean time, without aliening any part of their principal, and that the people would fubmit to this willingly for the purpofe of fupporting their prefent conteft. We may fay then, that we could raife, and ought to raife, from one miUion to one million an a half of dollars annually, that is, from three hundred to four hundred and fifty thoufand pounds, Virginia money. Of our expences it is equally difficult to give an exacl fcate, and for the fame reafon. They are moft ly fiated in paper money, which varying continually, the legiflature endeavours at every fefiion, by new correclions, to adapt the nominal fums to the value it is wifhed they would bear. I will Hate them therefore in real coin, at the point at which they endeavour to keep them. Dollars, Tbe annual expences oFthe gercrsl affembly are about - 20,coo The oovernor - " - - ?.^?.^ r-;^ Tiie council of flale - - - 10,666 2-3 Their deiks - - - 1,166 2-? Llcven jud^^es - - ... Jt,ooo The tlerk of t'.ie clianccry - - 6662-3 1 lie attorney (reneral - • - - 1 .000 Three aiKlitors ami a folicitor - - - - 5.^?.^ I"* Tlicir clt;ks - . - - 2,00.) Tl:e trcafiirer ... ... 2,000 iljs clerks ----- 2;Ooo I ( "^73 ) Thekffcpcrofilic public jail - - - i.ono The public printer ... 1,666 2*t Clerks of the interior courts - - 43>333 l'3 Public levy : this is chictlv lor the expcncc? of criminal ju'.Vice • - - • 40 ooo County levy, for bridges, court liouUs, priluns, 5:o. - 40,00 > Members of Conn re fs . - . 7,000 Quota of the federal civil lid, fuppofcil one lixth of about 78,000 dollars - , . - 1 3,000 Exp?nces of coUciHiion, lix per cent, on the above .12,310 The clerg;y rective only voluntary contributions : fuppofe them on an average one eighth of a dollar a tythe on 200, oco tyihcs - ... - 2j,ooo ConiJngencies, to make round numbers not far from truth 7,52;^ 2} 0,000 Dollars, or S3^57^ guineas. This en:in?ate is exclufive of the military expence. That varies with the force atlually employed, and in time of peace will probably be little or no- thing. It is exclufive alfo of the public debts, which are growing while I am writing, and cannot therelbre be now* fixed. So it is of the maintenance of the poor, which bein^ merely a matter of charity, cannot be deemed expended in the adminiftration of government. And if we ftrikc out the ^25,000 dollars for the fervices of the clergy, which neither makes part of the adminillration, more than what is paid to phyficians or lawyers, and being voluntary, is either much or nothing as every one pleafes, it leaves 225,000 dollars, equal to 48,208 guineas, the real cofl of the apparatus of government with us. This divided among the actual mha- bitants of our country, comes to about two-fifths of a dollar, 2 id. fterling, or 42 fols, the price which each pays annu- ally for the protection of the refidue ol: his property, and ihe other advantages of a free government. The public reve- nues of Great Britain divided in like manner on its inhabi- tants would be 16 times greater. Dedu»£ling even the dou- ble of the expences of government, as before ei1;imated, from, the million and a half of dollars which we before fuppofed might be annually paid without diftrefs, we may conclude that this (late can contribute one million of dollars annually towards fupporting the federal army, paying the federal debt, building a federal navy, or opening roads, clearing rivers, forming fafe ports, and other ufeful works* To this edimate of our abilities, let me add a word as to ihe application of tluim, if when cleared of the pr^feut con^ Y ( '74 ) teft, and of the debts with which that wtII charge us, we come to meafurc force hereafter with any European power. Such events are devoutly to be deprecated. Young as we are, and with fuch a country before us to fill with people and with happinefs, we fhould point in that diredlion the whole generative force of nature, wafting none oi it in ef- forts of mutual deftruction. It fliould be our endeavour to cultivate the peace and friendfhip of every nation, even of that which has injured us 'lioft, 'vvhen we Ihall have carried our point againft her. Our intereft will be to throw open the doors of commerce, and to knock off all its fhacklcs, giving perfetl freedom to al; perrons for the vent of what- ever they may chufe to bring into our ports, and afking the fame in theirs. Never was lo much falfe arithmetic employ- ed on any fubjeft, as that which has been employed to per- fuade nations that it is their intereft to go to war. Were the money which it has coft to gain, at the clofc of a long war, a little town, or a little territory, the right to cut wood here, or to catch fifh there, expended in improving what they already poflefs, in making roads, opening rivers, build- ing ports, improving the arts, and finding employment for their idle poor, it would render them muchftronger, much wealthier and happier. This I hope will be our wifdom.— And, perhaps, to remove as much as pofTible the occafions of maldng war, it might be better for us to abandon the ocean altogether, that being the element whereon we fhall be principally expofed to jollle with other nations ; to leave to others to bring what we fliall want, and to carry what we can fpare. This would make us invulnerable to Europe, by offering none of our property to their prize, and would turn all our citizens to the cultivation of the earth ; and I repeat it again, cultivators of the earth are the moft virtuous and independent citizens. It might be time enough to feck employment for them at fea, when the land no longer offers it. But the actual habits of our countrymen attach them to commerce. They will exercife it for themlelves. Wars then muft fometimes be our lot ; and all the wife can do, will be to avoid that half of them which would be produced by our own follies and our own adls of injuftice ; and to make for [he other half the beft preparations we can. Of what nature fhould thefe be ? A land army would be ufclefs for ofience, and not the belt nor fafeft inftrument of defence. ( 175 ) For either of thefe purpofes, the fca is the fuld on \vhic;h we (hould meet an European enemy. On that element it is neceflary we fhouki pofTcfs Tome power. To aim at fuch a navy as the greater nations of Europe poflcfs, would l)e a foolifh and wicked wade of the energies of our counrrvmen. It would be to pull on our own heads th^t load of military cxpence which makes the European labourer go fupperlefs to bed, and moiftcns his bread with the fweat of his brows. It will be enough if we enable ourfelves -to prevent infults from thofe nations of Europe which are weak on the fea, becaufe circumftances exiil, which render even the ftrong- er ones weak as to us. Providence has placed their richeft and mod defencelefs polTeffions at our door ; has obliged their mod precious commerce to pafs as it were in review be- fore us. To protect this, or to alfall, a fmall part only of their naval force will ever be rifqued acrofs the Atlantic. — The dangers to which the elements expofe them here are too well known, and the greater dangers to which they would be expofed at home were any general calamity to in- volve their whole fleet. They can attack us by detachment only ; and it will fuffice to make ourfelves equal to what they may detach. Even a fmaller force than they may detach will be rendered equal or fuperior by the quicknefs with which any check may be repaired with us, while lofTes with them will be irreparable till too late. A fmall naval force then is fufficient for us, and a fmall one is neceffary. What this flioult! be, 1 will not undertake to fay. I will only fay, it Ihoifld by no means be fo great as we are able to make it. Suppofethe million of dollars, or 300,000!. which Virginia could annually fpare without diflrefs, to be applied to the creating a navy. A fingle year's contribution would build, equip, man, and fend to fea a force which fliould carry 300 guns. The reft of the confederacy, exerting themfelves in ■ the fame proportion, would equip in the fame time 1 500 guns more. So that one year's contributions would fet up a na- vy of J 800 guns. The Britifh fliips of the Hne average ']6 guns ; their frigates 38. 1800 guns then would form a fleet of 30 fliips, 18 of which might be of the line, and 12 frigates. Allowing 8 men, the Britifli average, for every gun, their annual expence, including fubfiftence, clothing, pay, and ordinary repairs, would be about 1280 dollars fo Y2 ( »76 ; every gun, or 2,304,000 dollsrs for the whole. I ftate this only as one year's polllble exertion, without deciding whe- ther more or lefs than a year's exertion fhould be thus ap- plied. The value of our lands and flaves, taken conjun6lly, dou- bles in about twenty years. This arifes from the multiplica- tion of our flaves. from the extenfion of culture, and en- creafed demand for lands. The amount of what may be raifed, will ol courfe rife in the fame proportion. ' ' C^U E R Y XXIII. _|^ H E Jjiflories of the Jlate, the memorials pnhlijloed in iu 7ia?iie in the time of its being a colony^ and the pa?nphlets relating ia its interior or exterior affairs prejent or ancient ? Captain Smith, who next to Sir Walter Raleigh rn^y be. confidered as the founder of our colony, has written its hidory, from the fir ft adventures to it till the year 1624. He was a member of the council, and afterwards prefident ot the colony ; and to his efforts principally may be afcrib- ed its fupport againft the oppofition of the natives. He was honed, fenfible, and well informed ; but his flyle is bar- barous and uncouth. Ilishidory, however, is almofl: the only fource from which we derive any knowledge of the infancy of our flate. The reverend William Stith, a native of Virginia, ?nd prefident of its college, has alfo written the hiilory of the fame period, in a large octavo volume of fmall print. He V'as a man of claffical learning, and very exa*:!, but of no- lafte in (iyle. lie is inelegant, therefore, and iiis details often too minute to be tolerable, even to a native of the country, whofe hiilory he writes. Beverley, a native alfo, has run into the other extreme ; lie has cornprifed our hiilory, from the firft propofitions of Sir Walter Raleigh to the year 1700, in the hundredth part ol the fpace which Stith employs for the fourth part of the period. Sir Willliam Keith has taken it up at its earliefl period, and continued it to the yeari725. He i;> agreeable enough c ^n ) iu flylc, and paffes over events of little importance. Ol courre he is fhort, and would be preferred by a foreigner. During the regal government, feme contcit arofe on the exaction of an illegal fee by governor Dinwiddie, and doubt- lefs there were others on other occafions not at prefent recollected. It is fuppofed, that thefe are not fufHciently intereding to a foreigner to merit a detail. The petition of the council and burgcffes of Virginia to the king, their memorial to the lords, and remonftrance to the commons in the year 1764, began the prefent contefl: \ and thefe having proved ineffedlual to prevent the paflage of the (tamp-acl, the refolutions of the houfe of burgefles of 1765 were pafled, declaring the independence of the people of Virginia on the parliament of Great-Britain, in matters of taxation. From that time till the declaration of inde- pendence by Congrefs in ^']']^'i their journals are fdled with aflertions of the public rights. The pamphlets publilhed in this (late on the controverted Cjucltion were, 1766, An inquiry into the rights of the Britilh Colonies, by Richard Bland. 1769, The Monitor's Letters, by Dr. Arthur Lee. 1774, *A fummary View of the rights of Britifli America. 1774, Confiderations, &c. by Robert Carter Nicholas. Since the declaration of independence this ftate has had no controverfy with any other, except with that of Penn- fylvania, on their common boundary. Some papers on this fubjedt paffed between the executive and legiflative bo- dies of the two (fates, the refult of which was a happy ac- commodation of their rights. To this account of our hlftorians, memorials and pam- phlets, it may not be unufeful to add a chronological cata- logue of American flate-papers, as far as I have been able to collect their titles. It is far from being either complete or correct. Where the title alone, and not the paper itfelf lias come under my obfervation, I cannot anfwer for the exadnefs of the date. Sometimes I have not been able to find any date at all, and fometimes have not been fatified that fuch a paper cxifls. An extenfive colleclion of papers Qf this defcription has been for fome time in a courfe of pre- *" By th? author of these notes.. C 17S ) paration by a gentleman * fully equal to the talk, and from whom, therefore, we may liope ere long to receive it. In the mean time accept this as the refult of my labours, and as clofmg the tedious detail which you have lo undefignedly drawn upon yourfelf. 1496, Mar. 5. II. H. 7. Pro Johonne Caboto et filiis fuis fuper terra incognita inveftigaiida. 12. Ry. 595. 3. HakU 4. 2. Mem. Am. 490. 1498, Feb. 3. 13. H. 7. Billa fignata anno 13. Henrici fep- timi. 3. Hakluyt*s voiages 5. 1502, Dec. 19, 18. H. 7. De poteftatibus ad terras incog- nitas inveitigandum. i ?. Rymer. 2)7' 1540, Od. 17. CommilTion de Frangois I. a Jacques Catier pour reftcbliffement du Canada, L'Efcarbot. 397. 2. Mem. Am. 416. 1548. — 2. £. 6. An acl againft the exaftion of money, or any other thing, by any officer for licenfe to traffique in- to Ifeland and Newfoundland, made in An. 2. Edwardi fexti 3. Hakl. 131. 1578, June II. 20. /'/. The letters-patent granted by herma- jeftie to fir Humphrey Gilbert, knight, for the inhabiting and planting of our people in -merica. 3 Hakl. 135. 1583, Feb. 6. Letters-patents of queen Ehzabeth to Adrian Gilbert and others, to difcover the north-wefl paflage to China. 3- Hakl. 96. J584, Mar. 25. 26 FJ. The letters-patent granted by the queen's majeflie to Walter Raleigh, now knight, for the dilcovering and planting of new lands and countries, to continue the Ipace of fix years and no more 3- Hakl. 243. H. ■ Mar. 7, 35- FJ. An allignment by fir Walter Raleigh for continuing the a6lion ot inhabiting and planting his people in Virginia. Hakl ift. ed. publ. in 1589 p. 815. 1603, Nov. 8. Lettres de Lieutenant General de I'Acadie & pays circonvoifins pour leSieurdeMonts. L*f fcarbot. 417. i6o6, Jpril )c^ 4. j'ac. L Letters-patent to Sir Thomas Gates, Sir George Somers and others, for two feveral colonies to be made in Virginia and other parts of Ameri- ca. Stith. Apend. No. L 16*07, Mar. 9, 4. Jac. I. An ordinance and conftitution enlarging the council of the two colonies in Virginia and America, and augmenting their authority, M« S. * Mr. Hazard. ( '79 ) 1609, May 23, 7. 'Jac. I. The fcconJ charter to the trca- lurer and coaipany iOr Virginia, creding thtim inio a body politic. Stith Apend. 2. 1610, A-pr. ic. 'Jdc. I. Letiers-patent fo the E of North- ampton, granting part of the illand of Newfoundland, i Harris, 861. 1611, Mar. 12, 9. yac. I. A third charter to the trcafurcr and company for Virginia. Stith, Ap. 3. 1617, — ydc. I. A cominilTion to bir Walter Raleigh. Qii? 1620, Apt . 7, ' 8. ''jac. I. Commiflio fpecialis ccncern'ens le garbling herbcC Nocotianse. 17. Rym- 190. 1620, June 2g^ 18. Jac.l. A proclamation for reflraint of the difordered trading of tobacco. 17. Rym. 233. 1620, Nov. 3. Jac. I. A grant of New-England to the council of Plymouth. 1621, July 24. Jac. I. An ordinance and conftitution of the trtafurer, council and company in England, for a council of Hate k general affembly in Virginia. Stith ap. 4. \62i,Sep. 10, 20. Jac. I. A grant of Nova Scotia to Sir William Alexander, 2 Mem. de I'Amerique. 193. 1622, Nov. 6, 20. Jac. I. A proclamation prohibiting in- terloping and diforderly trading to New-England in Ame- rica. 17 Rym. 416. 1623, ^^y 9> ^^* y^^' ^' ^^ commiflione fpeciali Wilel- mo Jones militi directa 17. Rym. 490. 1623, A grant to Sir Edmund Ployden, of New- Albion. — Mentioned in Smith's examination. 82. 1624, July 15, 22. Jac. I. De Commiflione Henrico vice comiti Mandevill & aliis. 17. Rym. 609. 1624, Aug. 26, 22. Jac I. De Commiffione fpeciali concer- nenti gubernationem in Virginia. 17 Rym. 6)8. 1624, Sep. 29, 22. Jac. I. A proclamation concerning to- bacco, 17 Rym. 62 1. 1624. Nov. g, 22. Jac.l. De concefTionc demifs, Edvardo Ditchfitld et aliis, 17 Rym. 633 1625, M^r. 2i 22. Jac.l. A proclamation for the utter prohi- biting the importation and ufe of all tobacco which is not of the proper growth of the colony of Virginia and the Somer iflands, or oneof them. i7 Rym. c6i) 1625, Alar. 4,7. Car. I. De commJllione direda Georgio Yardeley miuu a aliis. 18 Rym. 3 1 1 ( i8o ) 1625, j^pr. 9, I. Car. I. Proclamatio de herba NIcotlana 18 Rym. 19 1625, M<2j/ 13, I. CarA. A proclamation for fettling the plantation of Virginia, 18 Rym. -72 1625, 'July 11. A grant of the foil, barony and domains of Nova Scoria to Sir WiUiam Alexander of Minftrie, 2 Mem. Am. 226 1626, 7^72.31, 2. Car. I. Commiffio direda Johanni Wol- ftenholme militi et aliis, 18 Rym. 831 2626, Teb. 17,2. Car, I. A proclamation touching tobacco Rym. 848 1627, Mar. 19, Qii? 2. Car. I. A grant of MalTachufett's bay by the council of Plymouth to Sir Henry Rofweli and others 1627, Ai<5r. 26, 3. Car. I. De conceflione commilTionis fpe- cialit pro concilio in Virginia, 18 Rymer 980 1627, Mar. 30, 3. Car. I. De proclamatione de fignatione de tobacco, 18 Rymer 886 * 1627, Jag. 9,3. Car. I. De proclamatione pro ordinatione de tobacco, i 8 Rymer 920 1628, Mar. 4,3. Car. I. A confirmation of the grant of Maflachufett's bay by the crown 1629, Aiiguji ig. The capitulation of Quebec. Champlain part. 2. 21 6. 2 Mem. Am. 489 1630, Jan. 6, 5. Car, I. A proclamation concerning tobac- co, 19 Rymer 235 1630, April T^o, Conveyance of Nova Scotia (Port Royal excepted) by fir William Alexander to fir Claude St. Kti- enne Lord of LaTour and of Uarre and to his fon fir Charles St. Etienne Lord of St. Dennifcourt, on condition that they continue fubjeds to the King of Scotland under the great feal of Scotland. 1630-31, Nov. 24, 6. Car. L A proclamation forbidding the diforderly trading with the favages in New-England in A- merica, efpecially the furnifning the natives in thofe and other parts of America by the Lnghili with weapons and habiliments of war. 19 Rymer 210. 3. Ruihw. 82. 1630, Dec. 5, 6. Car. I. A proclamation prohibiting the felling arms, &:c. to the favages in America. Mentioned 3 Ruihw. 75 ^ 1630, — Car.l. A grant of Conne£licut by the council of Plymouth to the Earl of Warwick C isi ) 1630, — Car. I. A confirmation by the crown of the grant of Connedicut [faiJ to be in the petty-bag ollicc in Eng- land.] 163 1, March 19, 6 dir. I. A conveiance of Connc(5licut by the earl of Warwick to lord Say and Seal and others : Smith's examination, appendix No. i. 1631, June 27, 7 Car. I. A fpecial commiflion to Edward earl of Dorlett and others for the better plantation of the colony of Virginia, 19 Rymer 301. 1631, jioie 29, 7 Car. I. Litere continentes promiflioneni regis ad tradenum caftrum et habitationem de Kebcc in Canada ad regem Francorum, 19 Rymer 303. 1632, March ig, 8 Car. I. Traite entre le roy Louis XIII et Charles roi d'Angleterre pour la reftitution de la nou- velle France, la Cadie et Canada et des navircs et merch- nndifes pris de part et d'autrie. Fait a Saint Germain, 19 Rymer 361. 2 Mem. Am. 5 1632, June 20, 8 Car. I. A grant of Maryland to Csccili- us Calvert, baron of Baltimore in Ireland. 1633, yifly ^, 9 Car. I. A petition of the planters of Virgi- nia againft: the grant to lord Baltimore. ^^33^ y^h' 3* — Order of council upon the difpute between the Virginia planters and lord Baltimore. Votes of the re- prefentatives of Pennfylvania, V. 1633, Au^uji 13, 9 Car. I. A proclamation to prevent abu- les growing by the unordered retailing of tobacco. Men- tioned 3 Rufhw. 191 1633, Septeinbcr 23, 9 Car. I. A fpecial commiflion to Tho- mas Young to fearch, difcover and find out what parts are not yet inhabited in Virginia and America, and other •parts thereunto adjoining, 19 Rymer 472 1633, Odober 13, g Car. I. A proclamation for preventing of theabufes growing by the unordered retailing of tobac- co, 19 Rymer 474 1633, ^^^'^^'(^Ij 13? Car. I. A proclamation reftraining the abufive vending of tobacco, 19 Rymer 522 1634, May 19, \oCar. I. A proclamation concerning the landing of tobacco, and alfo forbidding the planting there- of in the king's dominions, 19 Rymer 553 J 634, — Car. I. A commifTion to the archbi'.hop of Canter- bury and eleven others, for governing the American co- lonies. Z ( i82 ) 1634, yune ig, lo Car. I, A commiffion concerning tobac- co, M. S. 1635, July 18, II Car. I. A commifTion from lord Say & Seal, and others to John Winthrop to be governor of Connecticut. Smith's appendix 1635, — Car. I. A grant to Duke Hamilton. i6t^6, April 2^ 12 Car. I De commiffione fpeciali JohannI Harvey militi pro meliori regemine colonise in Virginia, 20 Rymer 3. 1637, March 14, Car. I. A proclamation concerning to- bacco, litlc in 3 Rufliw. 617 l6'T)6-j^ March 16, 12 Car. I. De commiffione fpeciali Geor- gio domino Goring et aliis conceffa concernente venditi- onem de tobacco abfque iicentia regia, 20 Rymer 1 16 1637, April -T^o^ 13 Car.l. A proclamation againft difor- derly tranfporting his Majefly's fubjecls to the plantations within the parts of America, 20 Rymer 1 43. 3 Rufh. 409. 1637, May i^ 1 2, Car.l. An order of the Privy Council to flay eight ihips now in the Thames from going to New- England, 3 Rufhw. 409 1637, — Car. I. A warrant of the lord admiral to flop un- conformable minifters from going beyond fea, 3 Ru. 410. 1638, /jpril 4, Car.l. Order of council upon Claiborne's petition againft lord Baltimore. Votes of Reprefentatives of Pennfylvania, VI. 1938, April 6, 15 Car. I. An order of the king and coun- cil that the attorney-general draw up a proclamation to prohibit tranfportation of paffengers to New-England^ without licence, 3 Rufhw. 718. 1638, May I, 14 Car. I. A proclamation to redrain the tranfporting of paffengers and provifions to New-Englan,d without licence, 20 Rymer 223. 1639, March 25, Car. I. A proclamation concerning to- bacco. Title 4 Rufliw, 1060. 1639, Auguji 19, 15 Car. I. A proclamation declaring his majefly's pleafure to continue his commiffion and letters- patents for licenfi ng retailers of tobacco, 20 Rymer 348. 1639, December 16, 15 Car, I. De commiffione fpcciah Hen- rico Affiton armigero et aliis ad amovendum Henricum Hawley gubernatorem de Barbadoes, 20 Rymer 357. 1639, — Car. I. A proclamation concerning retailers of to- bacco, 4 Rufh. 966. ( i83 ) 1641, Av.gujl (^^ ^yCar.l. De conflltutionegubernatoris et concilii pro Virginia, 20 Rymer 4H4. 1643, — Car. I. Articles of union and coufrderacy entered into by Mairacluuetts, Plymouth, Connecticut and New- haven, I Ncale 223. 1644, — Car. I. Deed from George Fenwick to the old Con- necl:icut jurisdiction. An ordinance of the lords and commons affembled in parli- ament, for exempting from cuflom and impofition all commodities exported for, or imported from New- ling- land, which has been very profperous and viithout any public charge to this (late, and is likely to prove very hap- py for the propagation of the gofpel in thofe parts. Title in American hbrary 90. 5. No date. But feems by the neighbouring articles to have been in one thoufand fix hundred and forty-four. 1644, June 20, Car. II. An act for charging of tobacco brought from New-England with cuftom and excife. Title in American library, 99. 8. 1644, Augujl I, Car. II. An aft for the advancing and re- gulating the trade of this commonwealth. Title in Ame- rican library, 99. 9. September 1^, i Car.W. Grant of the Northern neck of Virginia to lord Hopton, lord Jermyn, lord Culpepper, ■ fir John Berkley, fir William Moreton, fir D udly Wy- att and Thomas Culpeper. 1650, October 3, 2 Car. II. An aft prohibiting trade with the Barbadoes, Virginia, Bermudas and Antego. Sco- bell's afts, 1027. 1650, — Car.W. A declaration of lord Willoughby, gover- nor of Barbadoes, arid of his council, againil an aft of parliament of the 3d of Oftober 1650. 4 Political Regif- ter. 1 cited from 4 Neale's hiflory of the Puritans, ap- pendix No. 12 but not there. 1650, — C^r. II. A final fettlement of boundaries between the Dutch New Netherlands and Connefticut. 165 1, September 26, 3 C^r. II. Inflruftions for captain Ro- bert Dennis, Mr. Richard Bennet, Mr. Thomas Stagge, and captain William Claibourn, appointed com.milTioners for the reducing of Virginia and the inhabitants thereol to C 184 ) their due obedience to the commonwealth of England, i Thurloe's ftate papers 197. 1651, Cdober g, 3 Car. II. An acl for increafe of fliipping and encouragement of the navigation of this nation, Sco- bell's afts, 1449. 1651-2, March 12, 4 Car. II. Articles agreed on and con- cluded at James citie in Virginia tor the furrendering and fettling of that plantation under the obedience and go- vernment of the commonwealth of England, by the com- milTioners of the council of ftate, by authoritie of the par- liament of England, and by the grand afl'emblie of the governor council and burgefle of that ftate, M. S. [Ante p. 206.] 1651-2, March '2, 4 C^r. II. An acl of indempnitie made at the furrender of the countrey fof Virginia. J [Ante p. 206.] 1654, /l:{g7(ft 16. Capitulation de Port Royal, Mem. Am. 16 z^^^ — Car. II. A proclamation of the protedor relating to Jamaica, 3 Thurl. y ^. 1655, September 16, 7 C^r. II. The protector to the com- miftioners of Ivlaryland. A letter. 4 Thurl. 55. 1655, GcIolcrS, 7 Car. II. An inftrument made at the council of Jamaica October 8, one thoufand fix hundred and fifty-five, for the better carrying on of afiairs there. 4 Thurl. 27. 1 6^^, No-ve?nber 3. — Treaty of Weftminfter between France and England, 6 corps, diplom. part. 2. p. 121. 2 Mem. Am. 10. 1656, March 27, 8 Car. II. The aflembly of Barbadoes to the protedor, 4 Thurl. 651. J656, Aiigvjl 9. — A grant by Cromwell to fir Charles de Saint ttleniie, a baron of Scocland, Crowne and Temple, a French cranllation of it. 2 Mem. Am. 511. 1656,— ^C^r. 11. A paper concerning the advancement of trade, 5 Thurl. 80. 1656, — C^;r. II. A brief narration of the Engllfh rights to the Northern parts of America, 5 Thurl. 81. 1656, October \o^ 8 Car. II. Mr. R. Bennet and Mr. S. Matthew to Secretary Thurlow, 5 Thurl. 482. 1656, O^obcr ;o, 8 Car. II. Objedions againft the lord Baltimore's patent, and reafons v.hv the government of Maryland fLould not be put into Li.- ; ands, 5 Thurl. *^2.- C ^^s ) 1656, October 10, 8 Car. II. A paper relating to MarylanJ. 5 Thurl. 483. 1656, Oclobcr 10, 8 Car. II. A breviet of the proceedings ot the lord Baltimore and his ofTicers and compilers ni Maryland, againft the authority of the parliament of the commonwealth of Kngland and againil his highnefs the lord protector's authority, laws and government. 5 Thurl. 486. 1656, October 15, 8 Car. II. The affembly of Virginia to fecretary Thurlow. 5 Thurl. 497. 1657, Ap-ril 4, 9 Car. II. The governor of Barbadoes to the protedlor. 6 Thurl. 169. 1661, — Car. II. Petition of the general court at Hartford upon Connecticut for a charter. Smith's examination, ap- pendix 4. 1662, //>r/7 23, 14 Car. II. Charter of the colony of Con- ne£licut. Smith's e^ani. app. 6. 1662-3, March 14., April j\.y i^Car.W. The firft charter granted by Charles II. to the proprietories of Carolina, to wit, to the earl of Clarendon, duke of Albemarle, lord Craven, lord Berkeley, lord Afliley, lir George Carteret, fir William Berkeley and fir John Colleton, 4 Mem. Am. 554. 1664, February 10. — The conceflions and agreement of the lords proprietors of the province of New Caefarea, or New Jerfey, to and with all and every of the adventurers and all fuch as fliall fettle or plant there. Smith's New Jerfey, appendix i. 1664, March 12., 20 Car. W. A grant of the colony of New York to the Duke of York. 1664, April 26, 16 Car. II. A commilfion to colonel Nichols and others to fettle difputes in New-Jingland. riucchinfon's hift. MafT. Bay. App. 537. 1664, April 26, — The commifTion to fir Robert Carre and others to put the Duke of York in poflelfion of New York, New Jerfey, and all other lands thereunto apper- taining. Sir Robert Carre and others proclamation to the inhabitants of New York, New Jerfey, &c. Smith's N. J. 36. 1664, .7«'^^ 23, 24, 16 Car. II. Deeds of leafe and releafe of New Jerfey by the Duke of York to lord Berkeley and fir George Carteret. Aa ( iS6 ) A conveiance of the Delaware counties to William Penii. 1664, ^^s'-/^ ^9''^9^ 20-30, 24. 7 Letters between Stuyve- Augiiji 1'^^ September A^ 3 fant and colonel Nich- ols on the Englifli right. Smith's N. J. 37 — 42. 1664, Aitgvjl 27 — Treaty between the Englifh and Dutch for the lurrender of the New Netherlands. Smith's New Jerfey42. September 3. — NicolPs commiilion to fir Robert Carre to reduce the Dutch on Delaware bay. Smith's N. J. 47. Inftruftlons to fir Robert Carre for reducing of Delaware bay and fettling the people there under his majefty's obe- dience. Sm. N. J. 47. 1664, December i, 16 Car. II. i^rtlcles of capitulation be- tween fir Robert Carre and the Dutch and Swedes on De- laware Bay and Delaware River. Smith's N. J. 49. 1664, December i, 16 Car. II. The determination of the commillioners of the boundary between the Duke of York and Connedicut. Sm. exam. app. 9. 1664, — The New ?Iaven cafe. Smith's examination, ap. 20. 1665, Jujie I T,-24., ly Car. II. The fecond charter granted by Charles II. to the fame proprietors of Carohna. 4 M. Am. 586. 1666, January 16 — Declaration de guerre par la France contre I'Angleterre, 3 Mem. Am. 123. 1666, February C)y ij Car. II. Declaration of war by the king ot England againfl: the king of France. 1667, July 31. — The treaty of peace between France and England made at Breda. 7 Corps. Dipl. part i.p. 41. 2 Mem. Am. 32. 1667, '^"h 3^» — "^^^ treaty of peace and alliance between Jutland and the United Provinces made at Breda. .7 Cor. Dip. p. I. p- 44. 2 PJem. Am. 40. 1667-8, February 17, — Aftc de la ceflion del'Acadle au rol de France. 2 Mem. -Am, 40. 1668, j^pril 21 — Direclions from the governor and coun- cil of New York for a better fettlement of the government on Delaware. Sm. N. j. k\. 1668, — Lovelace's order for cullomsatthe Hoarkills. Sm. N.J. 55- 16 — May 8, 21 C jr. II. A confirmation of the grant of the northern neck of Virginia to the earl of St. Alban's, lord Berkeley, fir William Moreton and John Tretheway. ( 187 ) 1672, — Incorporation of the town of Newcafllc or Amdtll. 167"^, February 25. 25 Car. II. A deniife of the colony of Virginia to the carl of Arhngton and lord Culpeper for 31 years. M. S. 1673-4, — Treaty at London between king Charles II. and the Dutch. Art. VI. Remondrances againd the two grants of Charles II. of nor- thern and fouthern Virginia. Mentioned Beverley 65. 1674, July 13, — Sir George Carteret's inilrudions to gov- ernor Carteret. 1674, November 9, — Governor Andros's proclamation on taking polTellion of Newcaflle, for the Duke of York. Sni. N. J. 78. 1675, OHober 1, 27 Car. II. A proclamation for prohibit- ing the importation of commodities of Europe into any of his majefty's plantations in Africa, Afia, or America, which were not laden in England : for putting all other laws relating to the trade of the plantations in eiledual execution. 1676, Mareb 3 — The conceflions and agreements of the proprietors, freeholders, and inhabitants of the province of Weft New Jei'fey in America. Sm. N. J. ap. 2. 1676, Jw/y I — A deed quintipartite for the divifion of New Jerfey. 1676, Augujl 18 — Letter from the proprietors of New Jer- fey to Richard Hartfhorne. Smith's N. J. 80. Proprietors inflrudions to James Waffe and Richard Hartf- horne. Sm. N. J. 83. 1676, Odober 10, 28 Car. II. The charter of king Charles II. to his fubjeds of Virginia. M. S. 1676 — Cautionary epiftle from the truftees of Byllinge's part of New Jerfey. Sm. N. J. 84. i^jy.^ Septe?nber ic — Indian deed for the lands between Rankokas creek and Timber creek, in New Jerfey. 1677, ^^pi^^^ber zy — Indian deed for the lands from OIJ- man's creek to Timber creek. New Jerfey. 1677, Odober 10 — Indian deed for the lands from Ranko- kas creek to Affunpink creek in New Jerfey. 1678, December 5 — The Will of fir George Carteret, fole proprietor of Eaft New Jerfey, ordering the fame to be fold. 1680, February i6— An order for the king in council for 20, 2:. ^ December i6. 16801, Jan. 15, 22. February 24 ( 188 ) the better encouragement of all his majefty's fubje6ls in their trade to his majefty's plantations, and for the bet- ter information of all his majefty's loving fubjefts in thefe matters. London Gazette, N°. 1596. Title in American library, 134. 6. 1680 — Arguments againfl the cufloms demanded in Weft New Jerley by the governor of New York, addrefled to the Duke's commiffioner". Sm. N. J. 117. 1680^ June 14, 2q, 25.] Extradls of proceedings of the com- OiSober 16. mittee of trade and plantations ; co- ^°^*;?^^'" ^^' ^^' [ pies of letters, reports, &c. between the board of trade, Mr. Penn, lord Baltimore and fir John Werden, in behalf of the Duke of York and the fettlement of the Pennfylvania boundaries by the Lieute- nant-colonel J. North. Votes of Reprefentatives of Penn- fylvania, vii. — xiii. 168 f, March ^^ Car.W. A grant of Pennfylvania to Wil- liam Penn. Votes of the Reprefentatives of Pennfylva- nia, xviii. 1681, April 1 — The king's declaration to the inhabitants and planters of the Province of Pennfylvania. Votes of the Reprefentatives of Pennfylvania, xxiv, 1681, July 1 1 — Certain conditions or conceffions agreed upon by William Penn, proprietary and governor of Pennfylvania, and thofe who are the adventurers and purchafers in the fame province. Votes of the Reprefen- tatives of Pennfylvania, xxiv. 1681, hovemhcr 9 — Fundamental laws of the Province of Weft New Jerfey. Sm. iV. J. 126. 168 1-2, January \/^ — The methods of the commiflioners for fettling and regulation of lands in New Jerfey. Smith's N.J, 130. 160 1-2, February 1-2, — Indentures of leafe and releafe by the executors of fir George Carteret to William Penn and eleven others, conveying Eaft Jerfey. 1682, March i4---TheDuke of York's frelh grant of Eaft New Jerfey to the 24 proprietors. 1682, /}pril 25— The frame of the government of the Pro- vince of Pennfylvania, in America. Votes of the Repre- fentatives of Pennfylvania, xxvii. 1682, Auguji 2i---The Duke of York's deed for Pennfyl- vania. Votes Repr. Penn. xxxv. C i^ ) jCiiS'c!, Arf^U'? 2J, — The Duke of York's deed of fcoffmenfc of Nevvciiltle, and twelve miles circle to William Penn. Vol. Rep. Pcnn. 16S2, Au^uji ij^ — The Duke of York's deed of feoffment of a trad of land twelve ir.ilcs fouth from NtwcalUe to the Whorekills to Wilh'am Penn. Vol. Rep. Penn. xxxvii. 1682, November 27, 34 C?r. II. A commillioii to Thomas Lord Culpeper to be lieutenant and governor-general of Virginia, M. S. 3682, 10th mon. 6th day. — An acl: of union for annexing and uniting ot the counties of Newcaffcle, Jones's and Whorekill's alias Deal, to the province of Pennfylvania, and of naturalization of all foreigners in the province ani counties atorefaid. 1682, December 6, — An act: of fettlement. 1683, ylpril2 — The frame of the government of the pro* vince of Pennfylvania and territories thereunto annexed in America. 1685, April 17, 27. 16S4, Febr. 12. ' 1685, Mar. 17. "] Pro- May 30. July 2, 16, 2:?. Awo. 18, -6. I pppJ_ June t2. September 30. Scpter.ib. 2. } . December 9. Oc. 8,1 7,31 | ^"gS NOvcmb. 7. J of the committee of trade and plantations in thedifpute between* lord Baltimore and Mr. Penn., Vol. Rep. Penn. xiii — xviii. 1683, ju!y ly — A commiffion by the proprietors of Eaft- New Jerfey to Robert Barclay, to be governor. Smith's N.J. 166. 1683, Ju/y, 26, 25 ^^^' ^^' -^^ order of council for ifluing a quo warranto againd the charter of the colony of the Priaffachufett's Bay in New England, with his majefty's declaration that in cafe the faid corporation of Maffachu- fett's Bay fiiall before profecuticn had upon the fame quo warranto make a full fubmiilion .md entire refignation to his royal pleafure, he v/ill then regulate their charter in fuch a manner as fhall be for his fervice and the good of that colony. Title in American library. 139. 6. 1683, Sept. 28, 35 Car. II. A commillion to lord How- ard of Effingham to be lieutenant and governor-general of Virginia, M. S. 1684, May 1 — The humble addrefs of the chief governor,. Bb ( ^9° ^ council and reprefentatives of the Ifiand of Nevis, in the Wefl-Indies, prefented to his majefty by colonel Nethe- way and captain Jefterfon, at-\VIndfor, May 3, 16S4, Title in American library 142. 3. cites London Gazette , No. 1927. 1684, yiKguJl 2 — A treaty with the Indians at Albany. 1686, J>Iovcmb. 16. — A treaty of neutrality for America be- tween France and England, 7 Corps. Dipi. part 2. p. 44. 2 Mem. Am. 40. I-G87, January 20 — By the i^ing, a proclamation for the more effedual reducing and fiippreiTmg of pirates and pri- vateers in America, as well on the fea as on the land in great numbers, committing frequent robberies and pira- cies, which hath occafioned a great prejudice and obftruc- tion to trade and commerce, and given a great fcandal and diPturbance to our government in thofe parts. Title American Hbrary 147. 2. cites London Gaz- No. 2315. 1687, Feb. 12 — Conftitution of the council of proprietors' of Weft Jerfey. Smith's New Jerfey 199. 1687, Qu. September 27. 4 Jac. IL A confirmation of the grant of the northern neck of Virginia to lord Culpeper. 1687, September 5, Governor Coxe's declaration to the, council of proprietors of Weft Jerfey, Sm. N. y. 190. 1687, December 16, Provlfionai treaty of Whitehall concern- ing America between France and England, 2 Mem. de F- Am. 89. 1687. Governor Coxe*s narrative relating to the divifion line, direfted to the council of proprietors of Weft Jer- fey. Sm. app. No. 4. 1687. The reprefentation of the council of proprietors of V/eft Jerfey to Governor Burnet. Smith's app. No. 5. The remonftrance and petition of the. inhabitants of Eaft New Jerfey to the king. Smith's appendix No. 8. The memorial of the proprietors of Faft New Jerfey to the lords of trade. Smith's appendix No. 9. 1 688, Scpleinhcr ^. Agreement of the line of partition be- tween Eaft and Weft New Jerfey, Smith's N. J. 196. 1691. Conveyance of the government of Weft Jerfey and territories by Doftor Coxe to the Weft Jerfey foclety. 1691, Odober 7. A charter granted by King William and Queen Mary to the inhabitants of the province of MalTa- chufett' s bay in New j&nglai^d, % ]\lem. de TAra- 593. ( 191 ) iGgG^ Jscvcmhcr 'J . The fr:\mc of f;ovcrnmcnt of the pro- vince of Pcnniylvr.nl;i and the territories thereunto be- longincij, palled by governor Mark ham, Nov. 7, 1696. 1697, Sept. cc. The treaty of- peace between V'rance and ingland, made at Uyfwick, 7 Corps Dipl. part 2. p. '^2i^. 1 Alem. Am. 89. 1699, July v The opinion and anfwer of the Lords of trade to the memorial of the proprietors of tall New Jcr- fey, Sm. app. No. 10. 1700, January 15. The memorial of the proprietors of Ealt Newjerley, to the Lords of trade, Sm. app. No. 11. The petition of the proprietors of Eaft and V/eft New Jcr- fcy to the Lords juftices of England, Sm. app. No. 12. J 700, IV. 3. A confirmation of the boundary between the colonies of New York and Connecticut by the trown- 170 f, A'ugu/} \2. The memorial of the proprietors of Eaft: and Weft Jerfey to the king, Sm. app. No. 14. 1 701, Oclobsr. 2. Reprefentation of the Lords of trade to the Lords juftices. Sm. app. No. 13, J 70 1. Treaty with the Indians. 1701-2, January 6. Report of Lords of trade to King Wil- liam of drafts of a commiflion and inftruftions for a gover- nor of New Jerfey, Smith's A'". J. 262. 1 702, ylpril 1 5. Surrender from the proprietors of Eafi: and Weft New Jerfey of their pretended right of government to her majefty Queen Anne, Smith's N.J. 2ir. I702, /ipril ly . 1 he Queen's acceptance of the furrender of government of Eait and Weft Jerfey, Smith's N. j\ 219. 1702, Noz'embcr 16. Inftrudlions to Lord Ccrnbury, Smith'* N. J. 230. 1702, December 5. A commiflion from Queen y^fine to lord Cornbury, to be captain-general and governor in chief of New Jerfey, Smith's N. J. 220. 1703, June 27. Recognition by the council of proprietors of the true boundary of the deeds o^ September 10 and Gc^ lober 10, 1677 \JSew Jerfey'] Smith's N. J. 56. 1703. Indian deed' for the lands above the falls of the Dela- ware in Weft Jerfey. Indian deed for the lands at the head of Rankokus river in Weft Jcrfty, C 192 ) 1704, yune 18. A proclamation by Qiieen y^/z;?^ for fettling and afcertainins: the current rates of foreign coins in A- merica. Smith's New Jcrfey 281. 1705, May 3, Additional inftrudions to Lord Cornbury, Stnitl/s Newjerfey 235. 1707, May '^. Additional infl;ni£l:ions to Lord Cornbury, Smit!/s Newjerfey 258. 1707, November 20. Additional inftruftions to Lord Corn- bury, Smilh^s New Jerfey 259. 1707. An anfwer by the council of proprietors for the wef- tern divifion of New Jerfey, to queftions propofed to ■ them by Lord Cornbury, Smitf/s New Jerfey 285. 170S-9, February 28. Inftruftions to colonel Vetch in his negociations with the governors of America. Smith's N. J. 364. 1708-9, Febrtmry 2S, Inftruclions to the governor of New Jerfey and New York, Smiih's N. J. 361. 17 1 o, Augfji. Earl of Dartmouth's letter to governor Hun- ter. 171 1, April ii^ Premieres propofjtions de la France. 6- Lamberty, 669, 2 Mem. Am. 341. 171 1, Odober 8. Reponfes de la France aux demandes pre- liminaries de la Grand Bretagne, 6 Lamberty 681. 2 Mem. Am. 344. Demandes preliminaries plus particulieres de la Grande Bretagne, avec les reponfes, OB.ob. 8, ) 2 Mem. de I' Am. 346. 171 1, Sept.2'j — OcIobsrS. L'acceptation de la part de li Grande Bretagne, 2 Mem. Am. 356. 171 1, December 2^, The Queen's inllrudions to the Bifliop of Briflol and Karl of Stafford, her plenipotentiaries, to treat of a general peace, 6 Lamberty, 744. z Mem. Am. 358- . , 17 1 2, Af^j' 24 — yune 10. A memorial of Mr. St. John to the Marquis deTorci, with regard to North America, ta commerce, and to the fufpenfion of arms, 7 Recueil de Lamberty 161, 2 Mem. de I'Amer. T,y6. J 71 2, jufje 10. Refponfe du roi de France au Memoire de J.ondres, 7 Lamberty, p. 163. 2 Mem. Am. 380. 17 1 2, Aiigvll 19, Traite pour une fufpenfion d'armes entre Louis SiV. roi de France, h Aane, reigne de la Grande C '93 ) Bretagnc, fait a Paris. 8 Corps Diploni. part i. p. 3:^8. 2 Msia. d'Amer. 104. 17 12, Sept. 10, Offers of France to England, demands of England, and the anfwers of France, 7 Rcc. de Lamb. 491, 2 Mem. Am. 390. 1713, March 3 r, April 1 1. Traitc' de paix & d'amitle' cntre Louis XIV. roi do France, & Anne, reine dc la Grande Bretagne, fait a Utrecht, 15. Corps Diplomatique de Damont, 339, id. Latin. 2 Aclcs & memoires de lapais d'Uirecht, 457, id. Lat. Fr. 2 ]\Iem. Am. 113. 4713, M.irch 31, Jlpril 11. Traite de navigation & de com- merce entre Louis XIV. roi de France, & Anne, reine dela Grande-Brctagne Fait a Utrecht. 8. Crops. Dipl. part. I. p. 345. 2. Mem. de I' Am. 137. 1726, A treaty with the Indians. 1728, yan. The petition of the reprefentatives of the pro- vince of New-Jerfey, to have a diltricf governor. Sm. N. J. 421. 1732, G. 2. Deed of releafe by the government of Con- nedlicut to that of New- York. 1732, yune 9-20. 5. G. 2. The charter granted by George II. for Georgia. 4. Mem. del'Am.. 617. i']'^'\-t Petition of Lord Fairfax, that a commiiTion might iffas for running & marking the dividing hne between his • diilrict and the province of Virginia. 1733, iViJu. 29. Order of the king in council for commif- fioners to furvey and fettle the faid dividing line between the proprietary and royal territory. 1736, Auguji 5. Report of the Lords of trade relating to the feparating the government of the province of New- Jerfey from New-York. Sm. N. j. 423. J737, Aug. 10. Survey and report of the commiffioners appointed on the part of the crown to fettle the line be- tween the crown and lord Fairfax. .1737, Aug. u. Survey and report of the commiffioners* appointed on the part of Lord Fairfax to fettle the line between the crown and him. 1738, Djcembsr i\. Order of reference of the furveys be- tween the crown and Lord Fairfa.^: to the council for plantation affairs . G c ( 194 ) 3 7445 y^(nc. Treaty with the Indians of the 6 nations at Lancafter. 1745, /'pril 6. Report of the council for plantation siFairs fixing the head fprings of Rappahanoc and Patowmac, and a commiffion to extend the line. 1745, ^pril II. Order of the king in council confirming the faid report of the council for phuitation afiairs. 1748, u4pril 3c. Articles prcliminaires pour parvenir a la paix, fignesa Aixla-Chapelle ejitre ies minifcres de France, de la Grande-Bretagne, & des Provinces-Unies des Pays-Bas. 2. Mem. I'Am. 159. iy4ii, May 21. Declaration des miniftres de France, de la Grande-Brctagne, k des Provinces-Unies des Pays-Bas, pour redifier Ies articles I. & II. des preliminaires. 2. Mem. Am. 165. 1748, Ocl. 7-18. 22. G. 2. The general and definitive treaty of peace concluded at Aixia Chapelle. Lon. Mag. 1748. 503. French. 2. Mem. Am 169. 1754. A treaty with the Indians. 1758, Augujl']. A conference between Governor Bernard and Indian nations at Burlington. Sm. N. J. 449. 1758, Oclohcr %. A conference between Governor Denny, Governor Bernard and others, and Indian nations at Eaflon. Sm. N. j. 455. 1759, yw/y 25. 'i^'^^, G. 2. The capitulation of Niagara. 175 — The king's proclamation promifing lands to ioldiers. ij6'7^^ February 10. 'T^. G. -^^ The definitive treaty concluded at Paris. Lo. Mag. 1763. 149. iy6^^^ October y. G. 3. A proclamation for regulating the ceflions made by the laft treaty of peace. Guth. Ceorg. Gram. 623. 1763. The king's proclamation againfl fettling on any lands on the waters weflward of the Alleghaney. 1768, NovemJer 3. Deed from the fix nations of Indians to William Trent and others for lands betwixt the Ohio and Monongahela. View of the title to Indiana. Phil. Steiner and Gift. 1776. J768, November 5. Deed from the fix nations of Indians to the crown for certain lands and fettling a boundary. M. S. APPENDIX. APPENDIX, Xc. I. 1 HE preceding fheets having been fubmitted to my friend Mr. Charles Thomfon, Secretary of Congrefs, he has furnilh ed me with the following obfervations, which have too much merit not to he communicated. (i.) p. 21. Befides the three channels of communica- tion mentioned between the wtftern waters and the At- lantic, there are two others, to which the Pennfylvani- ans are turning their attention ; one from Prefqu-ifle, on Lake Erie, to Le Boeuf, down the /\lleghaney to Kifki- miniras, then up the Kifkiminitas, and from thence, by a fmall portage, to Juniata, which falls into the Sufque- hanna : the other from Lake Ontario to the Eaft Branch of the Delaware, and down that to Philadelphia. Both thefe are faid to be very pradicable : & confidering the en- terprifing temper of the Pennfylvanians, and particularly of the merchants of Philadelphia, whofe objeft is con- centered in promoting the commerce and trade of one city, it is not improbable but one or both of thefe com- munications will be opened and improved. (i.) p. 24. The refieQions I was led into on viewing this paflage of the Potowmac through the Blue ridge were, that this country mufl: have fufrered fome violent convulfion, and that the face of it mufl: have been chang- ed from what it probably was fome centuries ago j that the broken and ragged faces of the mountain on each fide the river ; the tremendous rocks, which are left with one end fixed in the precipice, and the other jutting out, and feemingly ready to fall for want of fupport ; the bed of the river for feveral miles below obflruded, and filled A < 2 ) wi'h +be 'ro^e f^ones carried from this mound ; in fliort, every thing on which you Cill your eye evidently demonf* tratesadifriipture&breachinthemountain, & that, before this happene*^', what is now a fruirful va'e, was former- ly a o;iear lake cr coDeftion ot water, whi h poffibly might hcive htre formed a m'ghty cafcade, or had its vent to be ocean by the Sufquehanna, where the Blue ridge feewis to terminal e. Befides this, there are other parts of rh's country which bear evidbnt traces of a like con- vulfion. From the bed accounts I have been able to obtain, the place where the Delaware now flow^s through the Kittarinny mountain, which is a continuation of what IS called the North ridge, or mountain^ was not its original courfe, but that it paffed through what is now called * the \^ ind-gap/ a place feveral miles to the we'lw:ird. and above an hundred feet higher than the prefent bed of the river. This Wind-gap is about a mile brond. and the flones in it fuch as feem to have been vafhed for ages by water rnnning over them. Should this hiivebeen the cafe there muii have been a large lake behnd that mountain, and by fome uncommon fwell in the wafers, or by fome convulfion of nature the liver mud have opened i's way through a different part of the rnoui ta n, and meeting there with lefs obflrudion, ca ried awav with it the oppofmg^ mounds of ear'^h, and deluged the countrv below with the immenle collection of water.t to which tl is new paflage gave vent. There are ftill r«maihing. and dai.y difcovered. innumerable indances of fuch a deluge on both fides of the river, af er it oaffed the hills above the falls of Trenton, and ttai bed the champaign. On the New-Jer ev fide, .wh-ch is fi-Kter than the Pennfvlvania fide, ail the countrv below Crofw ck hills fetnis to have been overflowed to the diftance of from ten to fifteen miles back fro?n the ^i^•er, an(i to have acquired a new foil by the earth and clay broufht down and mixed with the native fand. '] he fpot on which Philade'phii ftands evidently appears to be made gromd. 'J he different ftrata through which thev pafs in digging to water, the acorns, leaves, and fometimes brnnches, wiiich are found above tweiitv feet beipw the furlace, all fcem to dem.ondrate this. I am informed that at iforktowa in Virginia, in the bank of ( 3 ) Vnrk r'ver, there are di'lTerent Hrafa of fi el's nnd earth, • ne above anoth-r, v-hich feem to point out that t'e country there has undergone fevcral changres ; that the fea has, ft,r a fuccelnon of aj^es, occupied the place where dry land now appears; and that the pround has 1 een fudder.lv riiifed at various periods. What a change would it make in the country below, fhoukl the moun- tains at Niairara, by any accident, he cleft afunder, and a paflaiie fuddenly opened to dmin ofi' the waters of Ktie and the Upper lakes! While ruminating on thtfe fub- jecl:s, 1 have often been hurried away by fancy, and led to itnagine, that what is now thi^ bay of Mexico, was once a champaign country ; and that from the p' int or cape of Florida, there was a continued ranpc of moun- t;>.in< through Cuba, Hifpaniola, Poitorico, Martinique, C'Uadaloune, Barhadoes, and Trinidad, till it reached the coafl of /imerica, and for?Tied the fliores which bounded the ocean, and guarded the cowntry behind ; that, by fome convuli'on or iliock of nature, the fea had broken through thefe mounds, and deluged that vaft pluin, till it reached the foot of the Andes; that being there heaped up by tiie trade- winds, alwf^ys blov\ing from one quarter, it had found its way back, as it continues to (\o^ through the gulph between Florida and Cuba, carrying with it the loom and fand it n ay have fcooped from the country it had occupied, part of which it may have depoHted on the (hores of North-America, and with part toriuedtlie banks of Newfoundland. — But thefe are only the vifions of fancy. (3.). p* 49. There is a plant, or weed, called 1^^'^' James-town weed*, of a very fingular quality. Ihe late Dr. Bond informed me, that he had under his care a patient, a young girl, who had put the feeds of this jdant into her eve, which dilated the pupil to ibch a de- gree, that fhe could fee in the dark, but in the hght was almofl blind. The effefl that the leaves had vi'heii eaten bv a fhip's crew that arrived at James-town, are well knownf. * Diitura p^ricnrplis er<'L\i3 ovatis. I/iiii. t An inQanre of temporary iiiibeciiicy produceJ '^y 'hem Is mention- ed, 5everl, H. of Virg. b, 2, c. 4. ( 4 ) ("4-.^ p. 9y Monf. Buffon has indeed jojiven an affll'^- in^ piflure of human nature in his defcription of the man of America. But fure I am there never was a picture more unlike the original. He grants indeed that his flature is the fame as that of the man of Europe. He miqfht have admitted, that the Iroquois were larger, and the Lenopi, or Delavi?ares, taller than people in Europe generally are. But he fays their organs of generation are fmaller and weaker than thofe of Europeans. Is this a fa5t ? I believe not ; at leaft it is an obfervation I never heard before. ' They have no beard.* Had he known the pains and trouble it cods the men to pluck out by the roots the hair that grows on their faces, he would have feen that nature had not been deficient in that ref- pe^. Every nation has its cuftoms, I have feen an Indian beau, with a looking-glafs in his hand, examining his face for hours together, and plucking out by the roots every hair he could difcover, with a kind of twee- zer made of a piece of fine brafs wire, that had been twiftcd round a flick, and which he ufed with great dex- terity. — ' They have no ardour for their females.* It is true, they do not indulge thofe excelTes, nor difcover that fondnefs which is cuflomarv in Europe ; but this is not owing to a defect in nature but to manners. Their foul is wholly bent upon war. This is what procures them glory among the men, and makes them the admi- ration of the women. To this they are educated from their earlieft youth. When they purfue game with ar-. dour, when they bear the fatigues of the chafe, when they fuflain and fuffer patiently hunger and cold j it is not fo much for the fake of the game they purfue, as to convince their parents and the council of the nation that they are fit to be enrolled in the number of the warriors. The fongs of the women, the dance of the warriors, the fage council of the chiefs, the tales of the old, the triumphal entry of the warriors returning with fuccefs from battle, and the refpe£t paid to thofe who diftinguiCh themfelves in war and in fubduing their enemies ; in fhort, every thing they fee or hear tends to infpire them with an ardent defire for military fame. If a young man were to difcover a fondnefs for women before he has been at war, he would become the contempt of the sien, ( 5 ) and the fcorn nnd ridicule of the women. Or were he to indiilcje himfelf with a captive taken in war, and much more were he to oiler violence in order to gratify his lufl, he would incur indelible difgrace. The feeming frigidi- ty of the men, therefore, is the effect of manners, and nnt a dcfed of nature. Befides, a celebrated warrio'- is o'''"encr courted ()y the females, than he has occanon to court: and this is a point of honor which the men aim at. Inftances fimilar to that of Ruth and Boaz* are not uncommon amonej them. For though the women are modeft and di3i lent, and fo bafhful that they felJom lift up their eyes, and fcarce ever look a man full in the face, yet, being brought up in great fubjetflion, culiom and manners reconcile them to modes of adling, which, judged of by Eur )peans, would be deemed inconfiftent with trie rules of fema e decorum and propriety, I once faw a young widow, whofe bufband, a warrior, had died about eight days before, haftening to finifh her grief, and who by tearing her hair, beating her breaft, and drinking fpirits, made the tears flow in great abun- dance, in order that (lie might grieve much in a (hort fpace of time, and he married that evening to another young warrior. The manner in which this was viewed by the men and women of the tribe, who flood round, filent and folemn fpectators of the fcene, and the indif- ference with which they anfwered my queftion refpecl:- ing it, convinced me that it was no unufual cuftom. I have known men advanced in years, whofe wives were old and pad child-bearing, take young wives, and have children, though the f rad:ice of polygamy is not com- mon. Does this favor of frigidity, or want of ardour for the female ? Neither do they feem to be deficient in natural afFeclion. I havefeen both fathers and mothers in the deepeft affli6lion, when their children have been dangeroufly ill ; though 1 believe the affedlion is Wronger in the defcending than the afcending fcale, and though cuftom forbids a father to grieve immoderately for a fon flainin battle. — * That they are timorous and cowardly,' * When' Boaz had eaten and drank, and his heart w^s n^erry, he went to lie down at the end of the heap of corn : and Ruth came foftlj, ind uacovercd luB feet, and laid her down. Ruth iii. 7. ( 6 ) h a charndler with which there is little rea''on to charge them, when we recoiled the manner in which the Iro- q«f;is met Monf. , who marched into their coun- try ; in which the old men, who fcorned to fly, or ro furvive the capture of their town, braved death, like the old Romans in the time of the Gauls, and in which they foon after revenged themfelves by fackim^ and def- troying Montreal. But above all, the unll^aken forti- tude with which they bear the mofl excruciating tortures znd death when taken priloners, ought to exempt them from that character. Much lefs are they to be charac- ferifed as a people of no vivacity, and v/ho are excited to a6lion or motion only by the calls of hunger and thirfV, Their dances in which they fo much delight, and which to an European would be the mofl: fevere exerci'e, fully contradid this, not to mention their fatiguing marches, and the toil thev voluntarily and cheerfully undertjo in their military expeditions. It is true, that when at home, ihev do not employ themfe'ves in labor or the culture of the foil : bur this aj. ain is '^he effe(fl ot cuftoms and man- ners, which have alTigned that to the province of the women. But it is laid, they are averfe to fociety and a fecial life. Can any thing be more inapplicable thart this to a people who always live in towns or clans ? Or can they be faid to have no ' republic,* who condud all their affairs in rational courcils, who pride them- felves in their national charader, who confider an infult or injury done to an individual by a (Iranger as done to the whole, and refent it accordingly ? In fliort this pic- ture is not applicable to any nation of Indians 1 have ever known or heard of in North- America. (5') P- '3?' As far as I have been able to learn, the country from the fea coafl: to the Alleghany, and from the moft fouthern waters of James* river up to Patuxen fiver, now in the (late of Maryland, was occupied by three different nations of Indians, each of which fpoke a difl'erent language, and were under feparate and didind governments. What the original or real names of thefe nations were, I have not been able to learn with cmainty : but by us they are diflineuifhed by the names cf Powhatans, Mannahoacs, and IVIonacans, now com- l3T^nly called Tufcaroras The Powhatans, who occupi- ed the couniryirom tiie f^a fhore up to the fails of the ( 7 ) rivers, were a povverfnl nation, an I Teem fo have rrtn- fifted of even tribes, five on the v.eilern and tw ) on tne ealern fliore. Each of ihefe tribes was fuhdivided into towns, families, or cUns, who lived tocrcther. All the nations of Indi.ins in Morth- America lived in the hunter flate and depended for fubfi^ence on hunting", fnhin^, and the fp >ntaneous fruits of the earth, nnd a kind of prain which was planted and gathered by the women, and is now known by the name of Indian coin, I,n>icT potatoes, pumpkins of various kinds, and Iqua'lies, yere alfo found in ufe amon;T them. They had no flock-^ herds, or tamed animals of any kind. Their govern- ment is a kind of patriarchal confederacy. Every to-vn or family has a chief, who is diftinguilhed by a parricu- lar tirle, and whom we commonly call ' Sachem.' The feveral towns or families that compofe a tribe, have a chief who prefides over it, and the feveral tribes compof- ing a nation have a chief who prefides over the whole narion. Thefe chiefs ire generally men au'vanccd in years, and diflinguilhed by their prudence and abilities in council, 1 he matters which merely regard a town or family are fettled by the chief and principal men of the town ; thofe which regard a tribe, fuch as the appoint- ment of head warriors or captaifts, and fettling diiferen- ces between different towns and families, are regulated at a meeting or council of rhe chiefs from the fevcr.d towns ; and thofe which regard the whole nation, fuch as the making war, concluding peace, or forming alliances with the neighboring nations, are deliberated on and deter- mined in a national council compofed of the chiefs of the tribe, attended by the head warriors and a number of the chiefs from the towns, who are his counfellors. In every town there is a council houfe, where the chief and old men of the town affemble, when occafion require?, and confult what is proper to be done. P'.very trit)e has a fixed place for the chiefs of the towns to meet and confult on the buTnefs of the tribe: aid in every narion there is what they call the central council houfe, or central council fire, where the chiefs of the feveral tribes, with the principal warriors, convene to confult and determine on their national affairs. When any matter is propofed in the national council, it is common for the chiefs of the feveral tribes to confult thereon apart with their coun- ( 8 ) fellors, and whrti they have agreed, to deliver the opi- nion of the tribe at the national council: and, as their government feems to reft wholly on perfuafion, they en- deavor, by mutual corsceffions, to obtain unanimity. — Such is the government that ftillful'fi'ls among the Indian nations bordeiing upon the United States. Some hiuo- riansfeem to think, that the dignity of office of Sachem was hereditary. But that opinion does not appear to-be well founded. The lachera or chief of the tribe feems to be by ele^^ion. i^nd fometimes perf ns who are ftrangers, and adopted into the tribe, are promoted to this dignity, on account of their abilities. Thus on the arrival of captain Smith, the firft founder of the colony of Virginia, Opechancanough, who was Sachem or chief of the Chickahominies, one of the tribes of the Pow- hatans, isfaid to have been of another tribe, and even of another nation, fo that no certain account could be ob- tained of his origin or defcent. The chiefs of the na- tion feem to have been by a rotation among the tribes. — Thus when captain Smith, in the year 1609, queftioned Powhatan (who was the chief of the nation, and whofe proper name is faid to have been Wahunfonacock) ref- peftingthe fucceffion, the old chief informed him, ' that * he was very old and had feen the death of all his people * thricet ; that not one of thefe generations were then * living except himfelf ; that he muft foon die and the ' fucceffion defcend in order to his brothers Opichapan, ' Opechancanough, and Catataugh, and then to his two * fifters, and their two daughters.* But thefe were ap- pellations defignating the tribes in the confederacy. For the perfons named are not his real brothers, but the chief* of different tribes. Accordingly in 161 8, whenPowha- t This is one generation more than the poet afcribes^ to the life of NcAor. To d' ede mengeneai meropon nnthropcn Ephthiatb oi oi proflben ama traphen ed' egneanto En Pub egatbee, meta de iritatoifm aiiassen. I HoM. II. 250* Two generations now had part away, Wife by his rules, and happy by his fway ; Two ages o'er his native realm he rcign'd. And now th» example of tht- ihird remaiti'd. PoPF. ( 9 ) tan died, he was fucceeded bv Opiclrdp:in, and after his deceafe Opcchancanough became chief of the nation I need only mention another inftance to fhew that tlic chiefs of the tribes claimed their kindred with the head of the nation. In 1622, when Raleigh CraHiaw was with Japazaw, the Sachem or chief of the Patownvaes, Opechancanough, who had great power and influence, being the fecond man in the nation, and next in fuccefTion to Opichapan, and who was a bitter but fecret enemy to the Englilh, and wanted to engage his nation in a war with them, fent two bafkets of beads to the Patowmac chief, and defired him to kill the Englifliman that was with him. Japazaw replied, that the Englifh were his friends, and Opichapan his brother, and that therefore there fhould be no blood (hed between them by his means. It is alio to be obferved, that when the EngUlh firft came over, in all their conferences with any of the chiefs, they conftantly heard him make mention of his brother, with whom he mud confult, or to whom he referred them, meaning thereby either the chief of the nation, or the tribes in confederacy. I'he Manahoacks are faid to have been a confederacy of four tribes, and in alliance with the Monacans, in the war which they were carrying 011 againft the Powhatans. To the northward of thefe there was another powerful nation, which occupied the country from the head of the Chefapeak-bay up to the Kittatinney mountain, and as far eallward as Connecticut river, comprehending that: part of New- York which lies between the highlands and. the ocean, all the flate of New-Jerfey, that part of Penn- lylvania which is wat;;red, below the range of the Kitta- tinney mountains, by the rivers or flreams falling into the Delaware, and the county of Ncwcaftle in the flats of Delaware, as far as Duck creek. It is to be obferv- ed, that the nations of Indians diflinguilhed their coun- tries one from another by natural boundaries, fu:h as ranges of mountains or ilrearhs of water, ^iut as the heads of rivers frequently interlock, or approach near to each other, as thofe who live upon a flream claim the country watered by it, they often encroached on each other, and this is a conflant fource of war k— v<«-q the li ( 10 ) c] fferent nations. The nation occupying the traO: of country lad defcrlbed, called themfelves Lenopi. The French w liters call them Loups ; and among the Englifli they are now commonly called Delawares. This nation or confederacy confifted of five tiibes, who all fpo^eone language, i. The Chiaohocki, who dwelt on the well fide of, the river now called Delaware, a name which it took from Lord De la War, who put into it oa his paf- fage from Virginia in the year , but which by the Indians was called Chihohocki. 2. 1 he Wanami, who inhabir- ed the country called New-Jtrfcy, from the Raviton to the fea. 3. The Munfey, who dwelt on the upper ilreams of the Delaware, from the Kittatinney mountains down to the Lehigh or weilern branch of the Delaware. 4. The Wabinga, who are fometimes called River Indians, Ibmeiimes Mohickanders, and who had their dwelling between the weft branch'of Delawaie and Hudibn's river, ironi the Kittatinney lidge down to the Rariton : and 5. The Mahiccon, or Mahattan, who occupied Staten iiland, York iiland, (which from its being the principal feat of their refidcnce was formerly called Mahatton) Long ifland and that rart of New York and Connedlicuc which lies between Hudfon and Connecticut rivers, from the high-; land, which is a continuation of the Ivittaunnev ridge down to the Sound. This n ition had a clofe alliance with the Shav/anefe, who lived on the Sufquehanna and to the weftward of that river, as far as the Alleghaney moun- tains, and carried on a long war with another powerful nati n or confederacy of Indians, which lived to the north of them bet\\een the Kittatinney mountains, or highlands, and the lake Ontario, and who call themfelves Miiigos, and are called by the French writers Iroquois, by the Fnglifh the Five Nations, and by the Indians to the fouthward, w:th whom ihey were at war, Maffawo- macs. This war was carrying on, in its greateft fury, when captain Smith (irft ariived in Virginia. The Mingo warriors had penetiated down the Sufquehanna to the mouth of it. In one of his excurfions up the bay, at the mouth of Sufquehanna. in 160^, captain Smith met with fix or feven of their canoes full of warriors, who were C(.mino; to attack their enemies in the rear. In an excurfion which he had made a few weeks before, up the I C i> ) Rappahanock, and in which he had a llNlrmilh 'a iih a par- ty of the Manihoacs, and taken a brother of" one of their chiefs priloner, he fird heard of this nation. For uheh he aflced the pri oner, why his nation at acked the Eng- iifh ? the prifoncr .aid, becau'b his nation hid hea'd that the EngliHi came from under the ^;'or!d to take thei world from them. Being aflccd, how many worlds he kneA' ? he fii !, he knev/ but one, "which was under the (Ivy tha: covered him, and whi.h confided of the Powhatans, the Maiiakin% and the MalTawomacs. Being queitiuned concerning the latter, he faid, they dwelt on a great wa- ter to the NiTth, that they had many boats, and fo manv men that they waged with all the rcfl: of the world. — '1 he Mingo confederacy then conflled of five tribes'; thiee who are the elder, to wit, theSenecas, who live to the Weft, the Mohawks to the Eaft, and the Onondagas between them ; and two who are called the younger tribes, namely, the Cayugas and Oneidas . All the^e tribes fpeak one language, and were then united in a clofe con- federacy, and occupied the trad of country from the «aft end of lake Erie to lalie Charaulain, and from the Kittatinney and Highlands to the lake Ontario and the river CadaraquI, or St. Laurence. They had, fometimc "before that, canied on a tvar with a nation, who lived •beyond the lakes, and w-ere called Adircndacs. In this war they were Worded : but having made a peace with them, through the interccffion of theFrer.ch, who w. re ihea fettling Canada, they turned their arms a.ciainft the Lenopi ; and as this war was long and doubtful, th.-y, 'in the cburfe cf it, not only exerted their whole force, "but put in practice every mealure which prudence or poli- cy could devife tobiing it to a fuccefiful iflue* For this •purpcfethey bent their courfe down the Sufqu.hanna, . warring with the Indians In their way, and having pene- trated as far as the mouth of it, they, by the terror of- their arms, engaged anation> now known by the name •of Nanticocks, Conoys, and Tutcloes, and who lived "between Chefapeak and Delaware bays, and bordering on the tribe of Chihohocki, to enter into an alliance with them. They alio formed an alliance with the Monakans, and ftimuiated them to a war with the Lenopi and iheh* confedcrateG. At the fame time the Mohawks carried on C IZ ) a furious war down the Hudfon againfl: the Mohiccons and Rii^er Indians, and compelled them to purchafe a tempo- rary and precarious peace, by acknowledging them to be their faperiois, and paying an annual tribute. The 1^- ncpi being fuirounded with enemies, and hard prefled, an«i having loft many of their warriors, were at laft com- pelled to fue for peace, which was granted to them on the condiri n that thev fhould put themleives under the protclion of the Mingoes, confine themfelves to raifmg c rn, hunting for the fubfiftence of their fami ies, and no longer have the power of making war. This is what the Indians call making them women. And in this con- dition the Lenopis were when Wi.l am Penn firft arrived and begin the fettiem nt of Pennfylvania in 1682^ (6.) p 148. F:om the figurative language of the In- dians, as well as from the practice of thofe we are ftill acquainted with, it is evident that it was, and flill conti- nues to be, a conftant cuflom among the Indians to gather up the bones of the dead, and depofit them in a particular place. Thus, when they make peace with any nation, with whom they have been at war, after burying the hatchet, they take up the belt of wampum, and fay, * We now -gather up all the bones of thofe who have * been flain. and bury them, he' See all the treaties of peace. Befides, it is cuftomary when any of them die at a diftance from home, to bury them, and after- wards to come and take up the bones and carry them home. At a treaty which was held ar Lancafter with the fix na-. tions, one of them died, and was buried in the woods a little diftance from the town. Some time after a party came and took up the body, feparated the flelh from the bones by boiling and fcraping them clean, and carried them to be depofited in the fepulchres of their anceftors. Tiie operation was fo oiFenfive and difagreeable, ihat no- body could come near them while they were performing it. ^/O P* '^5^* '^he Ofwegatchies, Connofedagos and Cohunnegagoes, or, as they are commonly called, Cagh- newagos, are of the Mingo or Six-nation Indians, who, by the influence of the French miffionarles, have been feparated from their nation, and induced to fettle ♦he^e. C ^3 ). I ^]c^ nor know of what nation the Au^^quagahs arc ; bvit fiifpcfl they are a family of the Senecas. The Nanticocks anu Conoiesvvere formerly of a nation that lived at the head of Chefapeak hay, and who, of late years, have been adopted into the Mingo or Iroquois confederacy, and make a feventh nation. 'Ihe Monacans or Tufcaroras, who were taken into the confederacy in 1712, making the fixth. The Saponies are families of the Wanamies, who re- moved from New-Jerfey, and, with the Mohiccons, Munfies, and Delawares, belong to the Lenopi nation. The Mingos arc a war colony from the fix nations ; fo are the Cohiinnewagos. Of the reit of the northern tribes I never have been able to learn any thing certain. But all accounts feem to agree in this, that there is a very powerful nation, diftinguilhed by a variety of names taken from the feve- ral towns or families, but commonly called Tawas or Outawas, who fpeak one language, and live round and on the waters that fall into the weftern lakes, and extend from the waters of the Ohio quite to the waters falling into Hudfon's bay. APPENDIX, J/o. II. Jrt ihe Summer of ihe year 1783, ii was expe^ied^ i hat the Assembly of Virginia would call a Convention for ihe Efiablijhment of a Constitution. The following- ti^AVGHT t/ ^ Fundamental Con- stitution for the Commonwealth of Virginia was then prepared^ with a defgn of being propofed in fuch Convention had it taken place* X O the Citizens of the Commonwealth of Virginia, and all others whom it may concern, the Delegates for the fajd Commonwealth in Conventic.n aliembled, fend greeting. It is known to you, and to the world, that the govern- ment of Great Britain, with which the American States ( T4 ) Hvere not long, fince conneded, aitumed over them an aii- f hority unwarrantable and oppreffive ; that they endea- voured to enforce this authority by arms, and that the Stares of New Hanipfhire, MnfTachufettSj Rhode Ifland, Conne6licut, New York, New Jerfey, rennfylvania^ -Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, confidering refiftcnce, with all iiS train of horrors, as a lefler evil than abjeft fubraiffion, doled in the appeal to arms. It hath pleafed the Sove- reign Difpofer of all human events to give to this appeal •.Ml iflue favorable to the rights of the States ; to enable t!iem to rejett for ever dl dependance on a government which had {liewn itfelf lo capable of abilfirig the trufts rj^pofed in it ; and to obtain ffom that government a folemn and e:?;plicit acknowledgment that thfey are free, fovereign, and independent dates. During the progrefs oi: that war, through which we had to labour for the ef- tablifhment of our rights, the legiflature of the common- wealth of Virginia found it neceffary to make a tempora- ry organization of government for preventing anarchy, and pointing our efforts to the two important objefts of xvar againft our invaders, and peace and happinefs among curfelves. But this, like all other a£ls of legiflation, being fubjedt to change by fubfequent legillatures, pof- fsfling equal powers with themfelves, it has been thought Expedient, that it fhould receive thofe 3. r:iendments which time and trial have fuggelled, and be rendered perma- nent by a power fuperior to that of the ordinary legifia- ture. The general alTembly therefore of this ftate re- cbrhmehd it to the frood people thereof, to chufe dele- gates to meet in gejieral convention, with powers to form a conftitution of government for them, and to declare thofe fundamentals to which all bur laws prefent and future fhall be fubordinfi.te : and, in compliance with this recomniendation, they have thought proper to make choice of us, and to veft us with powers for this pur- pofe. We therefore, t!.ic delegates, chofenbythe faid good people of this ft:a?:e for the purpofe aforefaid, and now affembled ingen^iral convention, do in execution of the authority, with which we are inverted, cflablilh the fol- ( 15 ) lowing conditutlon and fundamentals of government for the fa d ftate of Virginia. Thefuid (late fliall for ever hereafter be governed as a commonwealth. The powers of government fliall be divided into three diflindl departments each of them to be confided to a fc- parate body of magidracy ; to wit, thole which arc jegiflative to one, ihofe which arc judiciary to another^ and thofc which are executive to another. No perfon, or coUedtion of perfons, being of one of thefe depart- ments, fliall exercife any power properly belonging to cither of the others, .except in the inftances hereinafter exprefsly permitted. The legjflature fhall confifl of two branches, the one to be called the Houfe of Delegates, the other the Senate, and both together the General Aifembly. The concur- rence of both of thefe, expreffed on three fcveral readings, {hall be neceflary to thepafiage of a law. Delegates for the general afiembly fhall be . chofen o5i the laflt Monday of November in every year. But if an eledion cannot be concluded on that day, it may be ad- journed from day lo day till it can be concluded. The number of delegates which each county may fend fhall be in proportion to the number of its qualified elec- tors ; and the whole number of delegates for the ftafe fhall be fo proportioned tothe whole number of qualified eledors in it, that tHey fhall never exceed 300, nor be fewer than 100. Whenever fuch excefs or deficiency fliall take place, the Houfe" of Delegates fo deficient or exccflive lliall, Rotwiihfranding this, continue in bein^;^^ during its legal terin : but they fhall,' duiing that term, rc-adjuft the proportion, fo as to bring their number within the limits before mentioned at the enfaing eleelion. If any county be reduced in its qualified eleftors below the number authorifed to fend one delegate, let it be aiir nexed to fome adjoining county. For the eledlion of fenators, let the feveral counties be allotted by the fenate, from time to time, into fuch and fo many difl:ri£ls as they fhall find bifl: ; and let each county at the time of eledling its deJegates, chufe fcna- torial eleftors, qualified as themfelves are, and four in number for each delegate their county is «ntitled to fen^. ( i6 ) who fliall convene, andcondud tliemfelves, infuch man- ner as the legiflature fliall direft, with the fenatorial elec- tors from the other coundes of their diftridi:, and then chufe, by ballot, one fenator for every fix delegates which their diftrid is entitled to chufe. Let the fenatorial diftricls be divided into two chiffes, and let the members elefted for one of them be diifolved at the firll enfuing general election of delegates, the other at the next, and fo on alternately for ever. All free male citizens, of full age, and fane mind, who for one year before (hall have been relident in the county, or fiiall through the whole of that time have pofleffed therein real property of the value of or ihallforthe fame tim.e have been enrolled in the militia, and no others, fhall have a right to vote for delegates for thefaid county, and for fenatorial eledors for the diflricl. They fhall give their votes perfonally, and viva voce. The general aflembly fliall meet at the place to which the lafl adjournment was, on the 42d day after the day of the eledion of delegates, and thenceforward at any other time or place on their own adjournment, till their office expires, which fhall be on the day preceding that appointed for the meeting of the next general aifembly* But if they fhall at any time adjourn for more than one year, it fhall be as if they had adjourned for one year precifely. Neither houfe, without the concurrence of the other, fliall adjourn for more than one week, nor to any other place than the one at which they are fitting. — The governor fliall alfo have power, v^dth the advice of the council of flate, to call them at any other time to the fame place, or to a different one, if that fliall hav^ be- come fince the lafl adjournment, dangerous from an ene-. my, or from infeftion. A majority of either houfe fhall be a quorum, and fhall be requifite for doing bufinefs : but any fmaller pro- portion which from time to time fliall be thought expe- dient by the refpeftive houfes, fhall be fufficient to call for, and to punifh, their non-attending members, and to adjourn themfelves for any time not exceeding one week. The members, during their attendance on the general aflembly, and for fo long a time be*ore and after as fliall ( '7 ) be necelTary for travelling to and from the fame, (ball be privileged from all perfonal reftiaint and aPault, and fhall have no other privilege whatfoever. They fliall receive during the fame time, daily wages in gold or filver, equal to the value of two buihels oi wheat. This value fhall be deemed one dollar by the bufhel rill the year 1790, in which, and in every tenth year thereafter, the g iieral court, at their firll fellion in the year, {hall caufe a fpecial jury, of the moft refpedable merchants and firmers, to be fummoned, to declare what (hall have been the averaged value of wheat during the lafl ten years ; which averaged value (liall be the meafure of va;^es for the ten fubfequent years. Cf this general aflembly, the treafurer, attorney ge- neral, regifter, minifters of the gofpel, officers of the regular armies of this ftate, or of the United States, pcrfons receiving falaries or emoluments fiom any power foreign to our confederacy, thofe who are not refident in the county for which they are chofen delegates, or diftrids for which they are chofen fcnators, thofe who arc not qualified as ele£lors, perfons who (hail have com* mitted treafon, felony, or fuch other crime as would fub- ject them to infamous puniflimcnt, or who (hall have been convi6ted by due courfe of law, of bribary or cor- ruption, in endeavoring to procure an eledion to the faid affembly, fhall be incapable of being members. All others, not herein elfewhere excluded, who may eled, fliall be capable of being elected thereto. Any member of the faid affembly accepting any office of profit under this flate, or the United States, or any of them, (hall thereby vacate his feat, but fhall be capable of being re-elected. Vacancies occafioned by fuch difqualifications, by death, or other wife, fliall be fupplicd by the ele(flors, on a writ from the fpeaker of the refpedive houfe. The general affembly fhall not have power to infringe this conflitution ; to abridge the civil rights of any per- fon on account of his religious belief ; to reflrain him from profeffing and fupporting that belief, or to compel him to contributions, other than thofe he fhall have per- fonally Itipulated tor the lupport of that or anv other ; C ( 18 ) to ordain death for any crime but treaf-in or murder, or military oileaecs ; lo, par.fon, or give a power of par- doning perions duly convicled of freafon or felony, but inflfcad thereof they may fubiHtute one or two new trials, and no more; to pafs laws for paiiiOiing actions done before the exiilence or fuch laws ; to pafs any bill of at- tainder of treafon or felony ; to prefcribe torture in any cafe whatever ; nor to permit the introdu'iioti of any more flaves to rehde in this (rate, o^" the continuance of llavery beyond the generation which Pnall be living on the thirty-firil diy of December, one thou'knd eight hun- dred : all perfons born after that day being hereby de- clared 1^-ee. The general affembly (liall have power to fever from this (late all or any parts of its territory weftward of the Ohio, or of the meridian of the mouth of the Grear Kanhaw?:y, and to cede to congrefs one hundred fquare miles of territory in any other part of this (late, exempt- ed from the jurifdidion and government of this Hate lo long as Congrefs (hall hold their feffions therein, or in any terrlicry adjacent thereto, v/hich may be ceded to- them by any other ftate. They (liall have power to appoint the fpeakers of their refpeG?ive houfes, treafurer, auditors, attorney general, regifter, all general officers of the mihtary, their own clerks and ferjeanrs, and no other officers, except where,, in other parts of ihis conftitution, fuch appointment is exprefsly given them. The executive powers (hall be exerciled by a Governor, who (hall bechofen by joint ballot of both houfes of af- fembly, and whenchofen (hall remain in office five years, and be ineligible a fecond time. During his term he fliall bold no other office or emolument under this (late, or. any other (late or power whatfoever. By executive pow- ers, v/e mean no reference to thofe powers exercifed un- der our former government by the crown as of its prero- gative, nor that thefe (hall be the (landard of what may or may not be deemed the rightful powers of the gover- nor. We give him thofe powers only, which are necef- fary to execute the laws (and adrniniller the government) and which are not in their nature cither legiflative or ju- diciary. The application of this idea mufl be left to rca- ( 19 ) ion. We do however exprcfsly deny him the prerogative powers of creeling courts, ofRces, boroughs, corpora- tions, fairs, markets, ports, beacons, licht-houfcs, and fca-marks ; of lavinG; etnbargoes, oF e(iab)Hhinly, with fuch alteraiions as will render it comformable to their advice. The members of the faid council of revifion fhall be appointed from time to time by the board or court of which they refpeftively are. Tv/o of the executive and two of the judiciary members fhall be requifite to do bufmefs : and to prevent the evils of non-attendance, the board and courts may, at any time name all, or fo many as they will, of their members, in the particulaf order in which they would chufe the duty of attendance to devolve from preceding to fubfequent members, the preceding failing to attend. Thev (hall have additionally for their fervices in this council the fame allowance as members of affembly have. The confederation is made a part of this conftitution, fubjeft to fuch future alterations as fhall be agreed to by the legiflature of this ftate, and by all the other confede- rating ftates. The delegates to congrefs fliall be five in number ; any three of whom, and no fewer, may be a reprefentation. They fhall be appointed by joint ballot of both houfes of aflembly for any term not exceeding one year, fub- je£b to be recalled, within the term, by joint vote of both the faid houfes. They may at the fame time be members of the legiflativeor judiciary departments, but not of the executive. The benefits of the writ of Habeas Corpus fhall be extended, by the legiflature, to every perfon within this ftate, and without fee, and fhall be fo facilitated that no perfon may be detained in prifon more than ten days af- ter he fhall have demanded and been refufed fuch writ by the judge appointed by law, or if none be appointed, then by any judge of a fuperior court, nor more than ten days after fuch writ fhall have l>een fcrved on the per- fon detaining him, and no order given, on due examina- tion, for his rcmandment or difcharge. ( i5 ) The military fliall be fubordinate to the civil power* Prill! ins;- preiVes fhall be fulijcift to no other reflraint than liabienefs to legal profecutioii lor ialfe lacts printed and publidied. Any two of the three branches of government con- runing in opinion, each by the voices of two-thirds of their whols exifling number, that a convention is necef- larv for alterin«r this conftitution, or correfting breaches of it, they fhall be authorifed to ilfue writs to every coun- ty for the eleftion of fo many delegates as they are au- thorifed to fend to the general aflfembly, which eletSlions fliall be held, and writs returned, as the laws fliall have provided in the cafe of ele<5tions of delegates to aflcmbly, muratis mutandis, and the faid delegates fhall meet at the ufual place of holding affemblies, three months after date of luch writs, and fhall be acknowledged to have equal powers with this prefent convention. The faid writs fhall be figned by all the members approving the fame. To introduce this government, the following fpccial and temporary provifion is made. This convention being authorifed only to amend thofe laws which conftituted the form of government, no ge- neral diilblution of the whole fyflem of laws can be fup- pofed to have taken place : but all laws in force at the meeting of this convention, and not inconfillent with this conflitution, remain in full force, fubjed: to altera- tions by the ordinary legiflature. The prel'ent general alfembly fliall continue till the 42d day after the lafl Monday of November in this prefent year. On the faid lafl Monday of November in this pre- fent year, the fevsral counties fliall by their electors qua- lified as provided by this conftitution, cle6l delegates, which for the prefent Oiall be, in number, one for every militia of the faid county, according to the lateft returns in poffeffion of the governor, nnd (hall alfo chufe fenatorial electors in proportion thereto, which fenatorial eledlors fhall meet on the 14th day after the day of their election, at the court-houfe of that county of their prefent diftrid which would ftand firit in an alpha- betical arrangenient of their counties, and fliall chufe D ( i6 ) fenators in the proportion fixfed by this conftitution. The cledlions and returns Ihall be conducted, in ali circum- ftances not hereby particularly prefcribed, by the fame perfons and under the fame forms, as prefcribed by the prefent laws in eledions of lenators and delegates of af- fembly. The faid fenators and delegates fhall conftitute the firft: general atfembly of the new government, and fhail fpecially apply themfelves to the procuring an exad: return from every county of the number of its qualified eledors, and to the fettlement of the number of dele- gates to be ele^ed for the enfuing general aflembly. 1 he prefent governor Ihall continue in office to the en4 of the term for which he was elefted. Ali other cflicers of every kind Ihall continue in office as they would have done had their appointment been un- der this conftiturion, and new ones, where new are here- by called for, fhall be appointed by the authority to ■which fuch appointment is referred. One of the pre- fent judges of the general court, he confenting thereto, fiiall by joint ballot of both houfes of alTembiy, at their^ j^rfl meeting, be transferred to the High Court of Chau-*' eery. APPENDIX, J^o. III. \Aji JCT fir eJabl'i/hing'R ELlGiovsT'iiKEDOM, pajfed hi the /jjfembly of Virginia in the beginning ff the year 1786. \^ELL aware that Almighty God hath created the nnnd free ; that all attempts to influence it by temporal punilhments or burdens, or by civil incapacitations, tend only to beget habits of hypocrify and meannefs, and are a departure from the plan of the Holy Author of our religion, who beiftg Lord both of body and mind, yet chofe not to propagate it by coercions on either, as was an his Almighty power to do ; that the impious prefump- tion of legiliators and rulers, civil as well as ecckfiafti- ( 27 ) cal, who, beirif^ themfelves but fallible and unlnfplred men have afTuuied dominion over the faith of others, fttiing up their own opinions and modes of thinking as the only true and infallible, and as fuch endeavouring to impo'.e them on others, hath eflablifhed and maintained fjl'e religions over the greateft part of the world, and through all time ; that to compel a man to furnifii contri- butions of money for the propagation of opinions which he difbelieves, is fmful and tyrannical ; that even ths forcing him to lupport this or that teacher of his own reHi^ious pcrfaafion, is depriving him of the comfortable liberty of g5vin;r his contributions to the particular paltor whofe morals he would make his pattern, and whofc powers he feels moft perfuafive to righteoufnels, anJ is withdrawing from the miniltry thofe temporal rewards, which, proceeding from an approbation ot their perfonal conduct, are an additional incitement to earneft and un- remitting labours for the inftruction of mankind ; that cur civil rights have no dependance on our religious opi- nions, more than our opinions in phyfics or geometry: that therefore the profcribing any citizen as unworthy the public confidence by laying upon him an incapacity of being called to offices of trull and emolument, unlefs they profefs or renounce this or that religious opinion, is depriving hiin injurioufly of thofe privileges and advan- tages to which, in common with his fellow-citizens, he has a natural right ; that it tends only to corrupt the princi- ples of that religion it is meant to encourage, by bribing with a mono-:oly of wcrdly honours and emoluments, thofe who will externally profefs and conform to it ; that though indeed thtfe are criminal who do not withfland fuch temptation, yet neither are thofe innocent who lay the bait in the way ; that to fuffer the civil Magiftrate to intrude his powers in the field of opinion, and to reflrain the profellion or propagation of principles on fuppofitioii of their ill tendency, is a dangerous fallacy, which at once deftroys all religious liberty, becaufe he being of courfe judge of that tendency, will make his opinions the rule of judgement, and approve or condemn the fenti- ments of others only as they ftiall fquare with or dif- fer from his own ; that it is time enough for th^ rightful purpofes of civil governraent, for its officers ( i« ) to interfere when principles break out into overt aclg againft peace and good order ; and finally, that truth is great and will prevail if left to herfelf, that (lie is the proper and fufficient antagonift to error, and has nothing to fear from the conflid, unlefs by human interpofition difarmed of her natural weapons, free argument and de- bate, errors ceafmg to be dangerous when it is permitted freely to contradidl them. Be it therefore ena^ed by the General Jjffejiibly, That no man fnall be compelled to frequent or fupport any religi- ous worfhip, place or minillry whatfoever, nor Ihall be enforced, reftrained, molefted, or burthened in his body or goods, nor fhall otherwife fuffer on account of his religious opinions or belief; but that all men fhall be free to profefs, and by argument to maintain, their opi- nions in matters of religion, and that the fame fhall in no wife diminifli, enlarge, or affed their civil capaci- ties. And though we well know that this AfTembly, eleded by the people for the ordinary purpofes of Icgiflation only, have no power to reftrain the ads of fucceeding Aflem- blies, conftituted with powers equal to our own, and that therefore to declare this ad irrevocable, would be of no effed in law, yet we are free to declare, and do declare, that the rights hereby alferted, are of the natural rights of mankind, and that if any ad fhall be hereafter pafTed to repeal theprefent or to narrow its operation, fuch ad will be an infringement of natural right. ApVeNDIX, No. 4. Relative to the Murder of Logan's Family. A Letter to Governor Henry, of Maryland. Philadelphia y December 2,^Jl, 1797. M LEAR Sm, R. Tazewell ha? communicated to me the en- quiries you have been fo kind as to make, relative to a paf- fage in the Notes on Virginia, which has lately excited foiie nevvfpaper publications. I feel, with great fenfibi- lity, theintereft you take in this bufinefj, and with plea- fure, go into explanations with one whofe obje£ls I know to be truth and juftice alone. Had Mr. Martin thought proper to fuggefl; to me, that doubts might be entertain- ed of the tranfaclion refpeding Logan, as dated in the Notes on Virginia, and to enquire on what grounds that ftatemcnt was founded, I fhould have felt myfelf obliged by the enquiry, have informed him candidly of thegrounds, and cordially have co-operated in every means of invefti- gating the fact, and correcting whatfoever in it Ihould be found to have been erroneous. But he chofe to (lep at once into the newfpapers, and in his publications there and the letters he wrote to me, adopted a ftyle which forbade the refpecl of an anfwer. Senfible, however, that no ad; of his could abfolve me from the juftice due to others, as foon as I found that the ftory of Logan could be doubted, I determined to enquire into it as accurately as the tefti- mony remaining, after a lapfe of twenty odd years, would permit, and that the refult fhould be made known, either in the firft new edition which fhould be printed of the Notes on Virginia, or by publifliingan appendix. I thought that fo far as that work had contributed to impeach the memory of Crefap, by handing on an erroneous charge, it was proper it fhould be made the vehicle of retribution. Not that I was at all the author of the injury. 1 had on- D ( 3° ) ly concurred, \\ith thoufands and thoufands of others, ill believing a tranfaib'on on authority wliich merited re- i'ped. For the ftory of Logan is only repeated in the Notes on Virginia, precifely as it had been current for more than a dozen years before they were pubhfhed. When Lord Dunniore returned from the expedition againft the Jndians, in 1774, he and his officers brought the fpeech of Logan, and related the circumftances connected with it, Thefe were fo affecting, and the fpeech itfelf fo fine a morfel oi eloquence, that it became the theme of every converfation, in Williarafburg particularly, and generally, indeed, wherefoever any of the officers refided or reforted. I learned it in Williamiburg ; I believe at Lord Dunmore's and I find in my pocket-book of that year (1774) an en- try of the narrative, as taken from the mouth ot fonie per- fon, whofe name, however, is not noted, nor recolleded, precifely in the words dated in the Notes on Virginia. The fpeech was publifhed in the Virginia Gazette of that time (I have it myfelf in the volume of gazettes of that year) and though in a (lyle by no means elegant, yet it vas fo admired, that it flew through all the public papers of the continent, and through the magazines and other periodical publications of Great Britain ; and thofe who were boys at that day Vv'ill now atteft, that the i'peech of Logan ufed to be given them as a fchool exercife for repe- tition. It was not till about thirteen or fourteen years after the newfpapcr publications, that the Notes on Virginia were publiflied in America. Combating, in thefe, the contumelious theory of certain European writers, whofe celebrity gave currency and weight to their opinions, that our country, from»the combined effects of foil and climate, degenerated aiiimal nature, in the general, an4 particularly the moral faculties of man, I confidered the ipeech of Logan as an apt proof of the contrary, and ufed jtasfuch ; and I copied, verbatim, the narrative I had ta- ken down in 1774, and the fpeech as it had been given us in abetter tranflation by lord Dunmore. 1 knew nothing oj the Crefp.ps, and could not poffibly have a motive to do them an injury with defign. I repeated what thou- iands had done before, on as good authority as we have for mcfl of the facts we learn through lile, and luch as, to this moincnt. I have feen no reafon to doubt. That ( 3- ) \^ any body qiieflioned it, was never fufpecicJ by me, till I faw the letter of Mr. Martin in the. Bakiaiore paper. I endeavoured then to recoiled who among my cotempo- raries, of the fame circle of fociety, and conlcqucntly cf the fame recollections, might Itill be alive. Three and twenty years of death and difperfion had left vc. y few. I remembered, however, that general Gibfon was Rill livincr, and knew that he had been the tranflator of the fpeech. I wrote to him immediately. He, m anfwer, declares to me, that he was the very perfon fent by lord Dunmorc to the Indian town ; that, after he had deliver, ed his meflage tlKre, I.ogan took him out to a neigh- bouring wood ; fat down with him, i.nd rehearfing, with tears, the cataflrophe of his family, gave him that fpeech for lord Danmore ; that he carried it to lord Dunmore ; tranflated it for him; has turned to it in the Encyclopedia, as taken from the Notes on Virginia, and finds that it was his tranllation I had ufed, with only two or three verbal V2.riations of no importance. Thefe, I fuppofe, had avifen in tlie courfe of fuccellive copies. I cite general Gibfon's letter by memory, not having it with me ; but I am fure I cite it fubftantially right. It eftabliihes unqueilionably, that the fpeech of Logan is genuine ; and that being ellabliflied, it is Logan himfelf who is author of all the important facls. " Colonel Crefap, fays he, in cold blood and unpro- " voked, murdered all the relations of Logan, not fparing " even my women and children. There runs not a drop " of my blood in the veins of any living creature.'* The perfon and the faft, in all its material circumflances, are here given by Logan himfelf. General Gibfon, indeed, fays, that the title was miilaken ; that Crefap was a cap- tain, and not a colonel. This was Login's miftake. He alfo obferves, that it was on the Ohio, and not on thd Kanhaway itfelf, that his family was- killed. This is aix error which has crept into the traditionary account ; but iiircly of little moment in the moral view of the iubjcct. The material queftion is ; was Logan's family murdered, and by whom i* That it was murdered has not, I believe, l)een denied ; that it was by one of the Crefaps, Logan affirms. This is a queftion v.-hich concerns the memories, of Logan and Crefap j to the ilTue of which 1 am as in- ( 32 ) dIfFerent as if I had never heard the name of either. I have begun and (hall continue to enquire into the evidence ad- ditional to Logan*s, on vt-hich the fatt was founded. Little, indeed, can now be heard of, and that little dif- perfed and diftant. If it fhall appear on enquiry, that Lo- gan has been wrong in charging Crefap with the murder of his family, I will do juftice to the memory of Crefap, as far as I have contributed to the injury, by believing and repeating what others had believed and repeated before me. If, on the other hand, I find that Logan was right in his charge, I will vindicate, as far as my fufFrage may go, the truth of a Chief, whofe talents and misfor- tunes have attached to him the refpedl and commiferation of the world. I have gone, my dear Sir, into this lengthy detail to fa- tisfy a mind, in the candour and reditude of which I have the higheft confidence. So far as you may incline to ufe the communication for rectifying the judgments of thofe who are willing to fee things truly as they are, you are free to ufe it. But I pray that no confidence which you may repofe in any one, may induce you to let it go out of your hands, fo as to get into a newfpaper. Againfl: a conteft in that field I am entirely decided. I feel extraor- dinary gratification, indeed, in addreffing this letrer to you, with whom fhades of difference in pohtical fentiment have not prevented the interchange of good opinion, nor cut off the friendly offices of fociety and good correfpond- ence. This political tolerance is the more valued by me, who confider focial harmony as the firft of human felici- ties, and the happieft moments, thofe which are given to the effufions of the heart. Accept them fincerely, I pray you, from one who has the honour to be, with fentiment* of high refped: and attachment. Dear Sir, 7 'our moji obedient /Uid mojl humble fervani, TH. JEFFERSON. ( 33 ) THE Notes on Virginia were written in Virginia, in the vears I 731 and 1782, in anlwer to certain queries projioicd to inc by IV.'onf. He Marbois, then fccrctary of the hrencli legation in ihc L'nited States : and a manuicript copy was delivered to him. .A few copies with Ibme adJitions, were alicrwards, in i7°4, printed in Paris, and given to particular friends. In fpeaking ol the animals of America, the '.hco- ry of M. de liuti'on, the Abbe Kavnal anil otlirrs, prt-fented itfclf to conlideralioii. fhey have fiippofeu that there is Ibmeihing in the foil, climate and other circumltances oiAinciica, which oci^alions animal nature to degenerate, not excepting even the man, native or adoptive, phyltcal or moral. This theory, fo unfounded and degrading to one third of the globe, was called to the bar of f:i(5t and rcalbn. An.onj; other proofb adduced in coniradiclion of this hvpothefis, the fpeech oi Logan, an Indian cnief, delivered to Lovd Dunmore in 1774, was pro- duced as a fpecimen of the talents of the aboriginals of this country, and particularly of their eloq'ience ; and it was believed that Kurope had never produced aviv thing lliperior to this morfel ct eloquence, in order to make it intelligible to the reader, the tiaiifaiftion on which it was founded, was (Uted as it had generally been related in America at the time, and as I had heard it mylelf, in the circle of 1-ord Dunmore, and the officers who accompanied him : and the fpeech itfelf was given as it had, ten years before the printing of that book; circulated in the newfpapers through all the then colonies, through the magj.zines of Great Britain, and periodical publications of Europe. For three and twenty years it paflcd uncontradipofed : the party under Great houfe prevented their land- ing, by a well direfted fire, which did execution in the canoes : that Edward King Hiewed the deponent one of the fcalps. The deponent further faith, that the fettlements near the river broke up, and he the deponent immediately repaired to Catfifh's camp, and lived fome time with Mr. William Hufton ; that not long after his arrival, Crefap, •with his party returning from the Ohio, came to Mr. Hufton's and tarried fome time; that in various converfalions with the party, a and in particular with a Mr. Smith, who had one arm only, he was told that the Indians were acknowledged and known to be Logan's friends "which they had killed, and that he heard the party fay, that Logan v/ould probably avenge their deaths. They acknowledged that the Indians pafled Crefap's encampment on the bank of the river in a peaceable manner, and encamped beluw him ; that they went down and fired on the Indians, and killed feveral ; that the furvivors flew to their arms and fired on Crefap, and wounded 2 one man whom the deponent faw carried on a litter by the party ; 3 that the Indians killed by Crefap were not only Logan's relations, but of the women killed at Baker's, one was faid, and generally believed to be Logan's filler. The deponent further faith, that on the relation of the attack by Crefap on the unoffending Indians, he ex- claimed in their hearing, that it was an attrocious murder ; on which Mr. Smith threatened the deponent with the tomahawk ; fo that he was obliged to be cautious, fearing an injury, as the party appeared to have loft, in a great degree, fentiments of humanity as well as the efife(5ts of civilization. Sworn and lubfcribed at Wafhington, the 20lh day of April, anno Domini 1798. JAMES CHAMBERS. Before Samuel Shajuion. t^ajhington County, fc, I, David Reddick, prothonotary of the court of common Seal, pleas, for the county of Wafliington, in the (tate of Fcnnfylva- nia. do certify, that Samuel Shannon, efq, before whom the within affidavit was made, was at the time thereof, and flill isajuftice of the peace in and for the county of Wafliington aforefaid ; and that full credit is due to all his judicial ads as well in courts of juflice as thereout. In teftimony whereof I have hereunto fet my hand and affixed the feal of my office at Wafhington, the 26th day of April, anno Do« mini 1798. DAVID REDDICK. The certificate of Charles Polke, of Shelby county^ in Ken- tucky^ communicated by the Hen, Judge bines, of Kentucky, luho, in the letter enclofing it, together with Ne-culand's cert'iji' caie^ and his own declaration of the information ^iven him by ( 41 ) Bakery fays, * lam u-ell acquainted with Jacob Netvland, he is a jiian of integrity. Charles Polke and Jojhua Baker both fupport rcfpedable characters.* About ihc latter end of April or beginning of May 1774, I lived on the waters of Crofi creek, about fixteen miles from Jofliiiu Baker, who lived on the Ohio, ojipofite the nioutli ot Yellow creek. A nuinber 5 of psrfons collected at my houfe, and proceeded to the f;iid iiakcr's and murdtiC'd fcveral Indians, among whom was a wonum faid to be the lUter ot the Indian chief, Logan- The principal leader of the party was IJaniel Great houfe. To the bc(t of my rccolledion the cauli which gave rife to the murder was, a general idea that the Indi- ans were meditating an attack on the frontiers. Captain Michael Cre- lap was not of ihe party ; but I recollect that fometime betore the per- petration of the above faft it was currently reported that captain 2 Crefao had murdered fome Indians on the Ohio, one or two fome dilt.\nce below Wheeling. Certified by me, an inliabitant of Shelby county and (late of Kentucky, this fifteenth day of November, I 799. CHAP.LES POLKE. T^e declaration of the honourable ]u6gelnnes, of Frankfort, in Kentucky. On the 14th of November, 1799, 1 accidentally met upon the road jofliua Baker, the perfoii reterred to in the certificate ligned by I'olke, who informed me that the murder of the Indians in J774, oppofite 3 the mouth of Yellow creek, was perpetrated at his houie by 52 men, led on by Daniel Great. houfe ; that 12 men were killed and 6 or 8 wounded ; among the flain was a lifter and other relations of the Indian chief, Logan. Baker fays captain Michael Ciefap was not of the par- ty ; that fome days preceding the murder at his houfe two Indians I left him and were on their way home ; that they fell in with cap- tain Crefap and a party of land inijirovers on the Ohio, and were murdered, if not by Crefap himfelf, with his approbation ; he beini» the leader of the party, and that he had this information from Crefap. HARRY INNES. The declaration of William Robinfon. William Robinfon, of Clarkfburgh, in the county of Ilarrifon, and flate of Virginia, fubfcriber to thefi; prelents, declares that he was in the year 1774, a rcfidenr on the well fork of Monongahela river, in the county then called Weft Augufta. and being'Hn his field on the 12th of July, with two other men, they were furprifed by a party of eight Indians, who ftiot down one of the others, and made himlelf and the remaining one prifoners ; this fubfcriber's wife and four children hav- intr been previoufly conveyed by him for fafety to a fort about 24 m^le.s oft; that the principal Indian of the party which took them was cap- tain Logan; that Logan fpoke Englifh well, and very foon manlfefted 4 friendly difpofition to this fubfcriber, and told him to be of good ( 42 ) Leart, that he would not be killed, but muft go with him to his towrr^ wliere he would probably be adopted in ibme of their families ; but a- bove all things that he mult not attempt to run away ; that in the courfe of tlie journey to the Indian town he generally endeavoured tokeepclofe to Logan, who had a great deal of converfation with him, always en- couraging him to be cheerful and without fear ; for that he would not be killed, but ftiould become one of them •, and conftantly imprellingon him not to attempt torun away: that in thefe converfations he always charged captain Michael Crefap with the murder of his family ; that on his arrival in the town, which was on the i8th of July, he was tied to a Hake, and a great debate arofe whether he Jhould not be burnt : Lo- gan infiding on having him adopted, while others contended to burn him: that at length Logan prevailed, tied a belt of wampum round him as the mark of adoption, loofed him from the poll and carried him to >ihe cabin of an old fquaw, where Logan pointed out a perfon who he iaid was this fiibfcriber's coufm : and he afterwards underltood that the old woman was his aunt, and two others his brothers, and that he now flood in the place of a warrior of the family who had been killed at Yellow creek ; that about three days after this Logan brought him a piece of paper and told him he muft write a letter for him, which he meant to carry and leave in fome houfe where he rtiould kill (omebody , that he made ink with gunpowder, and the fubfcriber proceeded to write the letter by his direftion, addreffing captain Michael Crefap in k, and that the purport of it was, to afk, '^ why he had killed his peo- ple ? That fome time before they had killed his people at fome place (the name of which the fubfcriber forgets) which he had forgiven ; fcut fince that he had killed his people again at Yellow creek, and taken his coufm, a little girl, prifoner ; that therefore he muft war againft the whites ; but that he would exchange the fubfcriber for his coufin." i\nd (igned it with Logan's name, which letter Logan took and fet out again to war ; and the contents of this letter, as recited by the fubfcri- ber, calling to mind that ftated by Judge Innes to have been left, tied to a war- club, in a houfe where a family was murdered, and that being lead to the fubfcriber, he recognifes it, and declares he verily believes it to have been the identical letter which he wrote, and fuppofes he was miftaken in ftating as he has done before from memory, that the otFer of the exchange was propofed in the letter; that it is probable it ■was only promifed him by Logan, but not put in the letter ; that while lie was with the t)ld woman, /he repeatedly endeavoured to make 3 liim fenfible that fhe had been of the party at Yellow creek, and by figns, fliewed hovv they decoyed her friends over the river to drink, nnd when they were reeling and tumbling about, tomahawked them all, and that whenever flie entered on this fubjedJ^ ^'he was thrown into the molt violent agitations, and that he afterwards underftood that, amongft the Indians killed at Yellow creek, was a fifter of Logan, very- big with child, whom they ripped open and ftuck on a pole : that he continued with the Indians till the month of November, when he was jelevifed inconfequence of the peace made by them with Lord Dunmore: that while he remained with them, the Indians in general were very kind tohim; and efpecially thofe who were his adopted relations ; but above all, the old woman and family in which he lived, who ferved hira withe very thing in their power, and never afked or even fuffcred him to do any labour, feemingin truth to confider and refpeft him, as the friend tliey had loltt AH which feycral matters and things, fo tar as ( 43 ) thev arc dated to he of his own knowletlj;^, this fubfcriUcr folemnly declares to be true, and lo tar as they are Hated on hdurmaiion from others, he believes ihein to be true. Given and declared under his hand at Philadelphia, this 23lh day of February, 1800. WILLIAM ROBINSON. The dcpofition of Col. William M'Kee, of Lincoln county, Ken- tucky, communicated by the honourable 'John Brown, one of the Senators in Congrefs from Kentucky » Colonel Williatn M«Kee of Lincoln county, declarcth, that in autumn 1774, he commanded as a captain in thcBotetourt regiment under colo- nel Andrew Lewis, afterwards General Lewis ; and fought intiiebat- tlc at the inouth ot Kanliaway, on the loth of Oftober lu that year.— That after the battle colonel Lewis marched the militia acrofs the Ohio and proceeded towards the Shawanee Towns on Scioto ; but before they reached the Towns, lord Dunmore who was commander in chief of the army, and had with a large part thereof, been up the Ohio about Hockhocking, when the battle was fought, overtook the militia and informed them of his having fince the battle concluded a treaty with the Indians, upon which the whole army returned. And the faid William declareth, that on the evening of that day on \vhich the jun«Elion of the troops took place, he was in company with lord Dunmore and feveral of his officers, and alfo converfed with feve- ral who had been with lord Dunmore at the Treaty, faid William on tliat evening heard repeated conveifations concerning an exiraordinarv fpeech made at the Treaty, or fent there by a chieftain of the Indian's named Logan, and heard feveral attempts at a rehearfal of it. The fpeech as rehearfed excited the particular attention of faid William, and the mofl ftriking members of it were imprefled on his merrorv, And he declares that when Thomas Jefferfon's Notes on \'irgina were publifhed, and he came to perul'e the fame, he was ftruck with the fpeech of Logan as there fct forth, as being fubftantiallv the fime, and accordant with the fpeech he heard rehearfed in the camp as afore- faid. Signed, WILLIAM M'KEE. Danville, December i8th, 1799. JVe cef'tjy that Colonel William M'Kee, this day fgtied the or'tgiKal certificate^ oj which the foregoing is a true apy, in our pnfence. JAMES SPKKD, jun. J. IL DEWEES. The certificate of the hon. Stevens Thompfon Mafon, one cf the Senators in Congrefs, from the Jiate of Virginia. *' LO C J N'S rpeechy delivered at the Treaty, after the Baill: ir. •which Colon;! LEWIS ivas killed in 1774." I 44 ) fHere follows a copy of the fpeech agreeing verbatim with that printed in Dixon and Hunter's Virginia Gazette of February 4, 177c, under the Williamfburgh head. At the foot is this certificate.] " The foregoing is a copy taken by me, when a boy at fchool, in the year 1775, or at farthclt in 1776, and lately found in an old pocket book, containing papers and manufcripts of that period. '^ STEVENS THOMPSON MAsON. January 20, 179S. ^copyof LOGAN'S fpeech given by the late Gen. MERCERy who fell in the battle of Trenton, January iyy6, to Lewis Willis, efq. of Frederickfburgh, in Virginia, upwards of 10 years ago, (from the date of February ijy^J communicated through Mann Page, efq» ' *' The SPEECH of LOGAN, a Shawanefe chief, to Lord Dun- more." \_Here jollows a copy of the fpeech, agree'ujg verbatim with that in the Notes tti Virginia.~\ A copy of LOGAN'S SPEECH from the Notes on Virginia having been fent to Captain Andreiv Rogers, of Kentucky, he fubjoined the following certificate. In the year 1774 I was out with the Virginia Volunteers, and was in the battle at the mouth of Kanhaway, and afterwards proceeded over the Ohio to the Indian towns. I did not hear Logan make the above fpeech, but from the unanimous accounts of thofe in camp, I have reafon to think that faid fpeech was delivered to Dunmore. 1 remem- ber to have heard the very things contained in the above fpeech, relat- ed by fome of our people in camp at that time. ANDREW RODGERS. The declaratiQU of Mr. John Hecke welder, for feveral years a mijftonary from the fociety of Moravians, among the we/i- em Indians. In the fpring of the year T774, at a time when the interior part of the Indian country all feemed peace and tranquil, the villagers on the Mnfkingum were fuddenly alarmed by two Runners (Indians) who re- ported " that the Big Knife (Virginians) had attacked the Mingoe fet- tleraent, on the Ohio, and butchered even the women with their chil- dren in their arms, and that Logan's family were among the flain." — A day or two after this, feveral Mingoes made their appearance ; among whom were one or two wounded, who had in this manner ef- fefted their efcape. Exafperated to a high degree, after relating the particulars of this tranfaClion, (which for humanity's fake I forbear to mention,) after reding fome time on the treachery of the Big Knives, of their barbarity to thofe who arc their frier.ds^ they gave a figurative ( AS ) ofRnpt'ion of liie pfrpetrntors ; iianK-d Crcfap n*? l-.n\inp^ been at \\\t heuil i>t" this •.nnrdrrous aifl. Tliey made liiintion of niiieljcir^ killed, anil rwo woiin;h'd ; and were prone to take revenge on any ptrfon ot a white volo'ir ; for which reafo:i the niiHionaries had to fiiut iIkhi- Iclvcs up diiriniT tlieir itay. Krom this time terror iIrjIv increafcd. Tiic exHfjicrarcJ friends and relations ot thcle murdered women and cliildrcn, wich the nations to whom they belonged, piffled and rcpaf- fed through the vilhiges of the quiet Delaware towns, in fearch of wliire people, making ufe of the moft ahuiive lan^^uage to ihele (the Dt'awarcs,) fmce they would not join in taking revcnpe. 'iradtrs had euiier to h"de ihcmfelves, or try ro get O'lt of the country the bed wny they could. And even, at this time, they yet found fuch true friends r.mong the Indians, who, ottherilkof their own lives, con- d'lited thcni, witlj the belt part of their property, to Pit'ib'ivgh ; al- thou;;li, (ihsmcful to relate !) thefe benefat'tors were, on their return frnm this roilfion, wayialJ, and Hred upon by whites, while eroding Bi;^ Beaver in n conoe, and had one man, a Shawanefe, named Silver- i?eels, (a man of note in liis nation) wounded in the body. This exaf- jisrared the .Shawanefe fo much, that they, or ?t !ea(f a great part of ihcm, intaiediately took an ailive part in the caufe ; and the Mingoes, (neareit connected with the former,) became unbounded in their rage. A Mr. Jones, fon to a refpeflable family of tiiis ncighbouThoocl (Beihlehem,) who was then on his pafiage up Mi:flvinohuni, with two other men. was fortunately ei'pied by u friendly Indian woman, at the falls of Muflcinghum ; who through motives of humaViiiy alorc, in- formed Jones of tlic nature of the times, and that he was runnlnr; right in the hands of the enraged ; and put him on tlie W33', where he nrght perhaps efcapc the vcn^'cance of the [trolling parlies. One of Jones's men, fatip,';ed by travelling in the woods, declared he would r.uher die than reuT^iin longer in this fituation ; and hitting accident!/ on T> path, he determined to roIlov.r the fame. A few hundred vardsde- cidcrt /■'ii fate. ITe was met by a partv of about fifteen Mingoes. (and as it happened, almolt within fight of "N^'hite Eyes Town.) murdered, and cut to pieces ; and his limbs and flefh (hick up on the buflies. White Eyes, on hearing the Scalp Halloo, ran immediately out witJi his men, to fee w liar, the matter was ; and finding the manpled body in this condition, gathered the whole and hurried it. But next day, when fome of the above party found on their return the body interred, thev iiillantlv tore up the ground, and endeavored to deffroy. or fcattera- bout, the parrs at a greater diftance. White Eyes, with the Dela- wares, watching their motione, gathered and interred the fame a f!;- con.l time. The war party finding this out, ran rurioufiy into the Dela- ware Village, exclaiming againll the conuuft of thcfe people feitinor forth the cruelty of Crcfap towards women and children, and declar- ing at the fame time, that thev would, in confec^uencs of this crueliv, ferve every white man thev lliould meet with in the fame manner. Times c;rew worfe and worfe, war parries went out and took .'calps and prilbii^rs, and the latter, in hopes it might be of fei vice in favino- thitir lives, exclaimed againi't ilio barbarious aJl which gave rife to thcfe troubles and again'.l tlie perpetrators. The name of Creathonf« was mentioned as having been accomplice to Crefap. So detcftable becam'; the lafrer name among the Indians, that I have frequen'lr heard tiiera apply it to the worLl of thinps ; alfo in c^uiciirg or (liijiK^ G ( 46 ) thejr cbilJren, T have heard them fay, Iluflt ! Crefap will f< icii yoil, Xvhereas otherwill', they name the *..'\vl. liie warriors liaviiig -aticr* wards bent their coiuie more toward the Ohio, and down the lame, jieace{eemed with us already on the return ; and this hecame the cat's loon after the decided battle fought on the Kanhaway. Traders, re- turning now into the Indian country again, related the Itory of the above mentioned niairicre. after the fu)He viainm\ and luith the J'ai.'ig wordj, we have heard it related hirherto. So the report lemaineil, and was believed, by all who redded in the Indian country. So it was leprefcjnted nam'>ers or thnes, in the peaceable Delaware Towns, by \iiii Enemy. So the Chrillian Indians were coacinually toidthev would one dJ iht Vnhcj. Brethtn^ i^c. P^;/ //, CAn/. Jl.j!age~^\, I 47 ) n.'i^liHon-s, X.-c, Tc fj-x kr of his fiirnfiniip to the white pi*ople. wifh • «.! alwavs to be a ntiglihour ro ihtm, inicii(i<"il to It-tilc on ilic C'liio, below iii'i, Heaver ; vvus (to the \u'A of my rrtol)e«!:i it)n) then encaiini- tj at rhe momh of this river, (licaver,) iirprd mciop;iy him a vilit, iiic. A'^lf. I w;is ihen li\ini! at the Mornxian Town on th.is Hiver, in The neit;iil>oi.irh()(Kl of C"iiik'.ill,hinn, Icallfl at l,oj>;rin'.s lef.lemcnt ; where 1 received every civility 1 could exptOt liom inch of the family as were at h'Hiie. Indian reports concerning; Loasn, after tl'e death of Ms family, ran to tl.is ; tluit hi exerted iiimfelf dnring the Sl);twnce war, (then \(t tailed) to take all the revenue he could, declaring he had loft all con- fidence intlie white people. ' At tlie time of negociarion, he declared his reludance in lavin£f down ihehatchet, noi ha\inw, (in his o]>inion) yet taken ample l:ui.sla>Hion ; yet, for 'he fake of the tiatioo he would doit. Mis exprtlHons from time to time, denoted a derp melancholy, lite (faidhe) had become Ji torment to h.iin : He knew no more whac pk-afnre was : He thouj^ht it had been better if he had never exilled, 6:c. &c. Report further Itates, that lie became in fon)e niealnre ddiri- ons, declared he would kill himfclf, went to Detroit, drank very free- Iv, and did not leem to care^vhat hedivl.and what became of liimfr!*. In thiscondi-ion he left Detro'i, ai^d, on his way between that place ijnd Miami, was murdered. In October 1781, while as prifoner on my way to J^errait,) 1 was fhown the fpoc where this Hiall have happened. IJavinj^ had an opportunity (ince lalt June of fteing the Rev. David Zeilb-ertTcf, fenior, n.iflionary to the Dclaw are nation of Indians, who had re(id?d anions; the fame on Muikingum, at the time when the mur- der was commiued on the family of l.ogan, 1 put the follow iiig quci- tinns to him. i. Who he had undeiltood i^ was that had cann itiecl the muider on Login's family i And fecondly, whether he had any knowledj'.eof a fpeech fent to lord Dnnmore by Logan, in coni't quence of this a'ft": ii;, S:c. 'I'o whi-ch ^'r. Zeilberger's anfwer was : l hat l\e had, tVoni th.it ti-ne when this murder was committed to the prefepc dav.firml) believed the common report (which he 1 ad never heaid con- tr.idit'^ed] vfz. that one Crcfap vvas the author of the m: flacr*' ; or th:'.t it was cnmmirred bv his orders : and that he had known I,oonn as a boy, h-id frecjuenrly leen him from tl^at time, and doubted not in tl>e lealt, that LoLran h:'d lent fiich a fpeech to l-ord Di'nmnre on iliis occuTlon, as he unde ft >od from me hid been puMidicd ; that exprrflions of that kind from h;dians were familiar to him ; tl at Loo^an in pnr- tirular, was a man of quick comprehenlion. good jiidgment and talents. ^!r. Zeifl^crger has been a miflionary upwards of filty yeais ; his a<^e is about eighty ; fpeaks bo'h the lanouajie of the Oufirdapoes and the Delawares ; refides at prrfent on the Nh'.fivinfTum. w ith his Irdian cnn- gregation ; and is beloved and rcfpecledby all who are acquainted with him. JOHN HECXEVVEIDER. From ibis trjTimsny ihe foUoiu'mg h'jicrkal Jlaiement rcfuJts : In April or M?y 1774, a number of people being engaged in looking out for fettlenients on the Ohio, information was C 3 ( 48 ) fpread among them, that the Indians had robbed fome of the land-jobbers^ as thofe adventurers were called. Alarmed for their iafety, they collefted together at Wheeling-cretk. Hear- ing there that there were two Indians and fome traders a lit- tle above Wheeling, Captain Michael Crefap, one of the party, propofed to way-lay and kill them. The propofiLion, though oppofed, was adopted. A party went up the river, with Crefap at their head, and killed the two Indians. The fame afternoon it was reported that there was a party of Indians on the Ohio, a httle belov/ Wheelhig. Crefap and his party immediately proceeded down the river, and encamped on the bank. The Indians palled him peaceably, and encam.ped at the mouth of Grave creek, a little below. Crefap and his party attacked them, and killed feveral. The Indians returned the fire, and wounded one of Cref^p's par- ty. Among the flain of the Indians v/ere fome of Logan's family. Colonel Zane indeed exprefles a doubt of it ; but it is afHrmed by Kuflon and Chambers. Smith, one of the murderers, faid they v^^ere known and acknowledged to be Logan's friends, and the party themfelves generally faid fo ; boa!tedofit in prefence of Crefap ; pretended no provoca- tion ; and exprelfed their expedations that Logan would probably avenge their deaths. Purfuino; thcfe examioles, Daniel Great-houfe and one Tomlinfon, who lived on the oppofite fide of the river from the Indians, and were in habits of friendfliip with them, col- lefted at the houfe of Polke on Crofs creek, about 16 miles- from baker's Bottom a party of 32 men. Their objcO: was to attack a hunting encampment of Indians, confiding of men, women and children, at the mouth of Yellow creek, fome diflance above Wheeling. They proceeded, and when ar- rived near Baker's Bottom, they concealed themielves, and Great-houfe croffed the river to the Indian camp. Being among them as a friend he counted them, and found iheni too ftrong for an open attack with his force. While here, he was cautioned by one of the v^'onien not to ftay, for that the Indian men were drinking, and having heard of Crefap's murder of their relations at Grave creek, were angry, and fhe prelfed him, in a friendly manner, to go home ; where- upon, after inviting them to come over and drink, he return- ed to Baker's, which was a tavern and defired that when any of them ihould come to his houfe he would give them as ■( 49 ) much rum ns they would drink. When his plot wns ripe I'dvA A. iuiricijnt iiurubcr of thcjn were collected at Baker's, and intox-icated, he and his piirty fell on them and malTa- cred Lhe whole, except a lit[le girl, whom they prefcrved as a pnlbner. Amon^ thefe was tlie very woman who hud favtd his life, by prefring him to retire from the drunken v.rath of her friends, when he was fpying their camp at Yellow Creek. Lirher (he hcrfcU, or feme other of the murdered v/omen, was the hfler of I,ogan, very big with child, and inhumanly and indecently butchered j and there were other of his relations v/ho fell here. 'Ihe party on the other lidc of the river, alarmed for their friends at Baker's, on hearing the report of the guns, manned two canoes and fcnt them over. They were re- ceived, as they apy^roached the ihore, by a well direded fire from Great-houfe's party, which killed fome, wound- ed others, and obliged the red to put back. Baker tells us tliere were twelve killv-d, and fix or eight wcnmded. This commenced the war, of which Logan's war-club and note left in the houfe of a murdered family, was the notification. In ihe courfe of it, during the enluing fum- mer, great numbers of innocent men, women and children, fell victims to the tomahav.k and fcalping knife of ihe Indi- ans, till it was arreibed in the autumn following by the bat- tle at Point-Pleafant and the pacification with Lord Dun- more, at which the fpeech of Logan was delivered. Cf the genuinefs of that fpeech nothing need be faid, it was known to the camp v.'here it was delivered ; it was given out by lord Dunmore and his ofhcers ; it ran through the public papers of thcfe ftates ; was rehearfed as an exer- cife at fchools ; publiilied in the papers and periodical works of Europe ; and all this, a dozen years before it was copied into the notes on Virginia. In fine, general Gibfon concludes the queftion for ever, by declaring that he receiv- ed it from Logan's hand, delivered it to Lord Diinmore, tranflated it for him, and that the copy in the notes en Vir- ginia is a faith.f'ul copy. The popular account of thefe tranfaftions, as flated in the notes on Virginia, appears, on collecting exact inform- ation, imperfedt and erroneous in its detail?. It was the belief of the day ; but how far its errors were to the preju- dice of Crefap, the reader will now judge. That he, and ( 50 ) thofe under hipxi, murdered two Indians above Wheeling ; that they murdered a larger number at Grave Creek, amon^j whom v/ere a part of the family and relations of Logan, cannot be queltioned ; and as little that this led to the maf- facre of the reft of the family at Yellow creek. Logan im- puted the whole to Crefap in his war note and peace fpeech : the Lndians generally imputed it to Crefap ; Lord Dunmore and his officers imputed it to Crefap : the country, with one accord, imputed it to him : and Vvhether he were inno- cent, let the univerfal verdict now declare. I propofe that in any future edition of the notes on Vir- ginia, the pafTage relating to this fubject fliall (land in the following form : ' In the fpring of tlie year 1774, a robbery v/as com- mitted by feme Indians on certain land-adventurers en the river Ohio. The wl ites in that quarter, according to their cuftom, undertook to punifli this outrage in a fum.mary way. Captain Micheal Crefap, and a certain Daniel Great-houfe, leading on thefe parties, furprized, at different times, travel- ling and hunting parties of the Indians, having their wo- men and children with them, and murdered many. A- mong thefe were unfortunately the family of Logan, a chief celebrated in peace and war, and long diftinguiilied as the friend of the whites. This unworthy return provoked his vengeance. He accordingly fignalized himfelf in the war which enfued. In the autumn of the fame year a decifive battle was fought at the mouth of the Great Kahaway, be- tween the coUecled forces of the Shav/anefe, Mingoes and Delewares, and a detachment of the Virginia militia. The Indians were defeated and fued for peace. Logan, howe- ver difdained to be feen among the fupplir.nts. But left the fincerity of a treaty fliould be diftrufted, from which fo diftingulfhed a chief abfented himfelf, he fent, by a meffen- ger, the following fpeech to be delivered to Lord Dunmore. " I appeal to any white man to fay, if ever he entered Logans cabin hungry, and he gave him not nicat ; if ever he came cold and naked, and he cloathed h'm not. Dur- ing the courfe of the laft long and bloody war Logan re- mained idle in his cabin an advocate for peace. Such was my love for the whites, that my countrymen pointed as they palfed, and laid, ' Logan is the friend of white men.' I kad even thought to have lived with you, but for the Inj'.w ( 5' ) ric:? of one man. Colonel Crefan, the laft; fpring, in coIJ blood, anJ unprovoked, nuirdcrcJ all ihc rehuions ot Lo- gan, not even iparing my women and children. '1 here luns not a drop ot my blood in the veins ol any living crea- ture. This Called on me lor revenge. 1 have lought it ; 1 have killed many : 1 have fully glutted my vengeance ; for my country 1 rejoice at the beams of peice. JUit do not harbour a thought that mine is the joy of lear. Logan never ijlt fear. He will not turn on his heel to fare his life. Who is there to mourn for Logan ^ — Not one. The declaration of John Sappingtcn, received after the pub* lieation of the preceding appendix, J, JOHN SAPn.MGTON, dcdjrev:yf,-lj to be hiftmrtely accjuai!:t:d vjUh uii thi c'trcumjtiincis rcf(icBi7ig the dcjlruiiicn of L-jgm:' i j'aurJy, and diti^iv: in the flliowing inirrntiji, ci true J{(itc7u:ht oj that (tjj'uir. Login's family (if it was bis family) was not killed by Crefap nor with liis knowledge, nor by his confcnt, but by the Great hoiifes and their uHbciates. 1 hey were killed 30 mile? above Wheeling, near the inomh of Yellow Creek. Logan's camp was on one fids of the river Ohio, and the hoiife, where the murder was committed, oppolite to it on iliC other fide. They had encamped there only lour or live days, and dur- \\\^ that lime had lived peaceably and neighbourly with the whites on the oppohte fide, until the \ervtlay the atrair happened. A little btr- foi-c the period alluded to, letters had been received by the irdiabitanrs iri ni a man of great influence in that country, and wlio was then 1 bc- I'Kfxe at Capteener, informing them that war was at hand, and dcl;r- iiig them lobe 011 their guard. In confc-cjuence of ihofe letters and o- ilier rumours of the jauie import, almoil all the inhabitants fled for faktv into tl'C fettlemenrs. It was at the lioufe of one I'aker the mur- der was committed, i^aker was a man wiio Ibid rum, and the Indians had made frequents vilirs at his houfe, induced probably by their fond- nels for that liquor. He had been particularly deiircd by Crefap to remove and take away his rum, and lie was aciuallv preparing to move at the time of the murder. The evening before a Iquaw came over to Baker's houfe, and by her rryin<.' fecmed to be in great didrefs. The caufe of her unealinefs being afi-icd, fhe refufed to tell ; but gettinjj; Baker's wife alone, Ihc told l;er, that the Indians were going to kill licr and all her family the next day, that flie loved her, did not wiffi lier to be killed, and therefore told her wliat was intended, that flic might fave hcrfelf. In confequcnce ol' this intorniation, Baker got a number of men to the amount of 21 to rome to his linufe,a;!u they were all there before morning. A council was held and it was deter' mined that the men flionld lie concealed in a back appartment ; iliat if the Indians did come and behave ih.emfeives peaceablv, tliey fliould noc be nioleded ; but If not; the men were to fliew themfi Ives and act ac- * cortfingly. Early in the morning 7 Indians, 4 men and :; fquaws, came wver. Logan's brother >Yas one of them. Tliey immediately got lum. and all, except Logan's brother, be i-ame very ^Tiucli nitoxlcated. At this time all the e near, being the foremoft. Our men fired upon ihem and killed them both. The other canoe then went back, /ij'trr this two otl;er canoes {iartcd, the one contained 1 1, the other 7 Indians, painted and armed as the firit. They attempted to land below our men ; but were fired upon, had one killed, and retreat- ed, at the faiue time firing back. To the bell of my recoileftion there ■were three of the Gresthoufes engaged in this bufinefs. This is a true repref..mration of the affair t; om bepim.ing to end. I was inti- mately acquainted with Crcfr.p, and know he had no hand in that tranf- nftion. He told me himfeifcafterwards at E.edflon.° old fort, that the day before Logan's people *i'ere killed, he, with a fmnll party had an engagement with a party of Indians on Capteneer, about 44 miles lower down. Logan's people were killed at the mouth of Yellow Creek on the 2/ith of Aiay 1774, and on the 2;d, the day before, Cre- fap was engaged asalrcady (tated, I knowlikewife that he '-^as gene- raily blamed for it,, and-bi^lievcd by all who were not acquainted with ' the circnmllances. to have been the perpetrator of it. 1 know that he ciefpifed and hated the Grtathoure.«; ever afterwards on accrunt of it. 1 wr.s intimately acquainted with general Gibfon, and ferved unc'er him during the late war, and ! have a difcharge irom him now lying it"! the land office at Richmnn !, to which I ref-r any perfon for my char after, ^vho might be difpor^d to fcruple my varacity. I was likewife at the treaty held by lord Donmorewitl) the Indians at Chelicothe. As for the fpeech i'.Ui] to have been delivered by Lor»nn on that cccafion, it might have been, or mi-i^ht not, for any thing ' know as 1 rever heard of it till long afferwnuls-. 1 do not believe that T.oPan had pny rela- tions ki'led. except one brother. Neither of the fquaws yyhn >vere killed was his wite. Two of rhem were old women, and the third, witli her cliiUl which was fav-tl.j have the beft reafcn in the world to be- lieve was the wife and child of general Gibfon. \ know he educated the child, and took care of it, as if it had been hi? own Whether Logan ha'^ a wife or not, ■ cant fay ; but it is probable that as he was a chief, he confirlereJ them all as his people. All tld' 1 am ready to be qualified to at any time. JOHN SAi??INGTO N. yiliteji Saf/iuelM'KiC, jii/sr. ( 53 ) D'laddifoii Count) f Feb, i^th, iSco. I do certify further tliat the above nnmed John Sappingtor told mc> at the fanic tune and place at which he gave me the above narrative, that he himfclt' was ilic man who fliot tlie brother of Lo<;nn in the houfc as above related, and that he likewile killed one of the Indians in one of the canoes, which came overlroni the oppolitc fliore. He likewife told me that Crefnp never faid an angry word to him a- bout the niattci , although he was frequently in company withCrefap, and indeed had been, and continued to be, in habits of intimacy with that gentleman, and was always befriended by him on every occafion. He further told me, that after they had perpetrated the murder, and were flying in the lettlements, he met with Crefap (if I recoiled. right, at Reditone old fort,) and gave him a fcalp, .1 very large fine one as he exprelled it, and adorned withfdver. This fcalji I think he told me, ^vasthe fcalp of Logan's brother ; though as to this i am not abfolutc- ly certain. drtificd bjl SAMUEL M'KEE, junr. \t. A Vindication OK THE RELIGION O F Mr. J E F F E R S O N, J ND A STATEMENT of his SERVICES IN THE CAUSE OF Religious Liberty. BY A FRIEND TO REAL RELIGION. ^rom Envy, Hatred and Malice, and all Uncharitablenefs^*' Gocd Lord Deliver Us ! Lit. of Trot. Episc. Church. BALTIMORE: Prir.nd for the Editor oj /^,' AMERICAN, by W.PECmif. Price— i8 Cents. ^ Mr. JefFerfon's Services in the Cause of Religion — VINDICATED, ■?*;•< •<-< •<••<■•< •<.-«.-<4>>- >••> >••>. V >>">>• T has pleafed the Divine Being, la the emancipation or our country from, the yoke of civil bondage, to blefs \t alfo with a more extenfive and enhghtened enjoyment of the privileges of rehgious liberty than ever was pof- fefled by any Nation of equal extent, fimilarly circum- flanced, and whofe citizens were deversificd with fo many various views of the chrl{li?;n relit" ion. c If our gratitude lias been zealouily and warmly mani- fefled towards thofc patriots and heroes whofe fervices, un- der Divine Providence were moil iUudrious in vindicating our civil rights, and eftablifliing our liberties. It ought to be no lefs jufl and fincere in paying a due tribute to thofe who, not only during the revolution, but fmce that peri- od, have been molt zealous and active in their exertions in withflanding every encroachment on our religious pre- viieges- If fo, I. hefitate not to affirm that Mr. Jeffcrj'un is the man to whom the friends of religious fociety are more indebted than to any other in the United States. Of the truth of this I hope to be able to convince the impartial, un- prejudiced mind of every i*eader wlio will take the trouble of examining his documents and the proofs by which, they are fupported. It is a moft felicitating circumflance to every friend to true religion that not only the fnirit of our Federal Con- A 2 ' I 4 ] Aitution ; but aKo the general fpirit of our State Conftl- tution?, breathe a geaeral fpirit of religious liberty. On. the enjoyment of this liberty depend the rights of confci- ence, thofe rights over which nune but our God and our. own minds ought to have any coercive controul. Wherever thofe rights are fubjedred to civil ufurpati- on or tyranny, no true religion can profper or be general- ly cheriihed. To this caufe, this fatal caune may be refer- red, in a great meafure, thjt degeneracy into \yhich chrif- tianity has funk and been degraded through every nation of Europe. Its tyrannical and civil Lords or Defpots, by means of their civil power, ufurped, alfo a religious pre- rogative over the minds and confciences of their vafTals ; prefcribed to them what they fliould believe, and what not : eftablifhed one ecclefiadical fyftem and rejefted ano- ther j preferred this religious denomintition and reicfted: that, juK as it might belt fuit their ambitious views in op- prefiing the people; and in keeping them enflaved under the galling yoke of not only temporal, but fpiritual bend- age. The pretended miniflers of religion not only acquief- ced in this, but became the advocates of the tyranny which provided for their worldly interefts and ambition ; and inftead of maintaining that " Liberty with which Chrift: had made them free ;'* fold that noble, ' that divine, reli- gious birth-right for a mefs of pottage ; for w^orldly inter- efts and vain dillinOrions. For mitres, tythes and titles, they bartered away the facred, divine rights of thofe, over"; which they ought to have been the faithful watchmen, the religious and fpiritual guides and guardians. Any man who wiljl take the pains to trace the hiftory of- religion, in every European country where chriftianity has been profefl'ed y or even what has been the true ftate of religion in oiir o\Vn country, muft be convinced of the juftnefs, or truth of thefe obfervations. Very ^arly after our glorious revolution, the fame, or a fimilar ruinous fvflem of policy rcfpeding religion was likely to have been introduced into the ftate of Virginia, and had it not been for the patriotic exertions of a Jeffer- fon, at that time in all probability would have been intro- duced — and if it had, who knows where or when it might have flopped ? U 5 1 Let rhofc who have dared to reprcfcnt Mr. JcfFerfon as (he enemy of religion, conUdcr this; let them alio attend to the followinp; preamble- to the lawpafTed at that time by the alVembly of the State of Virginia, which law owes itsexiflence'to Mr. Jeflerfon. An ACT For c/labUjhing RELIGIOUS FREEDOM, pajfcd in the JJfi'jiibly of Virginia, early in ihs year 1786: * Well aware that Almighty God hath created the mind * free : that all attempts to influence it by temporal pun- ^ iihments or burdens, or by civil incapacitations, tend f only to beget habits of hypocrify and meannefs, and are * a departure fi:om the plan of the Uo!y Author of our * religion, vvhoj being Lord of body and mind, yet chofe ' not to propagate it by coercions on either, as was in his * Almighty power to do ; that the impious prefumption * of Legiflators and Rulers, civil as v/ell as ecclefiaitical, * who being themfelyes failible snd uninfpircd men, have * afTumed dominion eve? the faith of others ; fetting up * their own opinions and modes of thinking as the only * true and infalhble, and as fuch endeavouring to impofe ' them on others, have eftablidied and maintained falfc ' religions over the greatcil part of the world, and through ' all time : that to compel a man to contributions of rao- * ney for the propagation of opinions wliich he difbelievcs, ' is finfui and tyrannical; that even the forcing him to ' fupport this or that teacher of his own religious perfua- ' fion, i? depriving him of the comfortable liberty of giv- ' ing his contributions to the particular pafiior whofe nior- * als he would make his pattern, and whofe power he feels ' niofl perfuafive to righteoufnefs ; and is withdrawing ' from the miniflry thofe temporal rewards which, pro- ' ceeding from an approbation of their perfonal conduct, ' are an additional excitement to earnclt and unremitting * labours for the iaflrucHon of mankind ; that our civil *^ rights have no dependence on our religious opinions ; ' more than on our opinions in phyhcs or geometry ; that ' therefore the profcribing any citizen as unworthy of pub- ' lie confidence, by laying upon him an incapacity ofbe- * ing called to oiEces 0^ truft and emolument, unlefs be C 6 3 « prefers cr renounce this or that religious opinion, is de-* * priving him injurioufly of thofe privileges and advantages ' to which in commori "with his fellow citizens, he has a ' natural right ; that it tends alfo to corrupt the principles * of that very religion it is meant to encoarage, by bribing * with a monopoly of worldly honours and emoluments, * thofe who will externally profefs and conform to it; and ' though indeed, thofe are crimin,al who do not withlfand ' fuch temptation ; yet neither are thofe innocent who lay * the bait in their way; that to fufier the civil magiftrate ' to intrude his powers into the field ©f opinion, and to ' reftrain the profefTion or propagation of principles, on- ' fuppofition of their ili-tendcncy, is a dangerous fallacy, ' which at once deftroy^ all religious liberty, becaufe he * being of courfe, judge of ?hat tendency, will make his ' opinions the rule of judgment, and approve or condemn ' the fentim.ents of others only as they ihall fquare with or * differ from his own ; that it is time enough for the right- * ful purpofes of civil government, or its:0'fliccrs to inter- * fere when principles break out into over^ acl;s againfr * peace and good order, and finally, that iruib is great * and will prevail if left to herfelf ; that fhe is the proper ' andfufficient antagonift to error, and has nothing to fear ' from the conflicl, unlefs by human interpofition difarm^ * ed of her natural weapons, free arguments and debate,, ' errors ceafmg to be dangerous when it is permitted frecn,. ' ly to contradicf them.' Such is thepream.ble to that memorable law which gave religious liberty and the rights of confcience to the State of Virginia. A law to which, if Mr. jeiferfon may not lay an exclufive claim to the merit and honor of being its author, it is well known and muft be evident to every cne acquainted with his fentimentr,, as exprefled in his notes on Virginia ; that it was framed, adopted and paifed principally by his patriotic exertions in its fa- vour. Now where is the public chara6ler to v/hich religion, even the chrillian religion, as profefied by different deno- minations in thefe flates, is m>ore indebted? Has he not been uniformly the able advocate of that religious liberty, which every denomination confiders as its moft invaluable t ? 5 privilege ? We liave no concern with thf pecu'iar treect or confellion of" any public civil chnrader ? It ij> lufTicicnt for us that he be the determined vindicator of that libe-r- ry which is not only the bell guardian of true religion, but •alio provides irnd fecuVes to us the happinels of worihip- ing God according to our confciences "without any to jnakc us afraii?," to tyrannize over our opinions; t« trample down that facred prerogative conferred on us by God; and that happy civil conftitution with which, In his providence, he hath bielfed thefe ftates* 'J'he friends of this conftitution they cannot be, who would deny IMr. jclferlbn, or any other man, liberty of confcience in religious matters. That conllitution has laid no penal prohibition from places of the higheft truft, on any man for his opinions on any religious fubjects. How prepofterous and abfurd i^ it then in the invidious oppo- nents of Mr. Jefferron, to be crying up their zeal for the govemraent and conftitution, when they are. thus coun- teracting the moft falutary and diftinguilhcd Ipirit which it breath e^. What u'ould be the ccnfequences in thefe ftates, were each religious denomination oppofed to every candidate for the prefidency, who did not come up lo a ccrrefpond- ence with their religious opinions? Even en the fuppofition, then, that there exifted any ju ft foundation for th€ raili unattefted innuendoes which Ibme partizans throw out againft Mr. Jeflcrfon, refpccling religion, it is direclly contrary to our conftitutional pre- rogative, and inimical to the genuine fpirit of that religi- ous liberty, which we hold as not the Icaft valuable fruit of our happy and glorious revolution. But the trutli is, we have too many among us who are enemlc'S to religious liberty; even ecclefiaftics we have, and thofe not a few, who had they the goUk'iiJh-cceoi tem- porals, would not much care if th^ wolves of tyranny and ) to prevent a new liivc of our own rearinp;, armed with fimilar ftings, from fwarming under the iinconditutioii-. al funfhine of legiflative partiality^ and favour. Citizens of America! of all relicrious denominations, beware of interfering with the religion of any man ccnfi- dered as a candidate for any office your fullVages can con- fer. You know not to what confequences, fuch conduft, fo contemptuous of our conftitution, may tend. Ye honell and patriotic Roman Catholics ! Remember that it is not a revolution of many years, fmce you were denied the full and free rights of confcience in thsfe flates — Reflect that it is not long fmce you durfl not rear a decent chapel in thefe lands for that religion you profcfs. — RefletSt how your anceftors were driven either from England, on account of what Mr. Jefferfon has contend- ed againfl in this country, namely, the interference of the legiflature with the rights of confcience ; — or out of Ireland, by thofe fanguinary and penal codes, to whicji on account of your religion you were doomed by the in- tole-'ant fpirit of proud ecclefiallics, who were fanftion- ed by a temporal defpot as head of the church. Recall to mind the bloodihed, fufferings and perfecutions of your catholic anceftry in England and in Ireland efpeci?!- ly — enllaved, deprefled, degraded and trampled upon, merely on account of their rehgion ; and being deprived of every civil and religious right, that can dignify the name of man or citizen ; — And then refolve whether you can, pofTibly, join in oppofmg the man on account of religion, who has mofl ably laboured throughout life, that you might enjoy the free exercife of your's. You join in politics with men who ardently pray for the land of your anceftor's, being defolated by Britiih yengeance J her inhabitants butchered with wanton cruelty, be- caufe they have dared to oppofe that monflrous combina- tion of civil and prelatic power, under which they had for centuries groaned ; — And you reject a'Jefl'erfon whofe fervices have eminently tended to pieferve you and your religion from a fimilar yoke here ! and who alfo has uni- formly fympathifed with your oppreffed, degraded and in- jured brethren over the Brilifh dominions. Beware, then, of allowing religious feuds, prejudices or partialities to laingle themfelves with your civil rights j with your free ( 12 ) unbialTed exerclfe of the rights of fuitVage ; uhich our conftitution informs us, has nothing to do with any man's religion. Would you be fatisfied that any man fhould be rejected from a public truft, or office, merely on account of his being a Catholic ? li you would not, then be not ac- tuated by a like principle towards theirs \ — more efpeeial- ly towards a man who has ever been the able and zealous patron of religious lib'srty. Ye honeft and patriotic members of the Proteftant E- pifcopal Church ! has not Mr. Jelierfon been educated in in the bed principles of that church in which you believe ? are you not alfo impreifed with the importance of religious liberty to a free independent commonwealth, wdiere there are fo many various denominations ; and a- mong which you, by no means conflitute the largeft, or mod numerous body, taking all the dates into view. Have your clergy at any period of your church-hiftory in thefe dates, been more worthy your fupport, as faithful padors, than fmce they received leaft of legiflative patro- nage and fupport ? Do you think that their being taught to look to the date and not to you for their temporal boon, would make them more faithful in their duty to you ? Do you think it conditutional in the date legiflature to arm them with laws to inflid fines or penalties on you ? — "Will it tend to make them better men ; or you better chrif- tians? I anifure vou are neither foweak nor fo wicked as to believe fo. Should a contracted or bigoted policy influ- ence the legiflature of this date, contrary to its condituti- on, by fuch laws as that of the Vestry j^d, ro give your clergymen a local confequence and fuperiority. to the clergy of other denominations, interfperfed a- mong them in every parifh over the flate, may not this lead to retaliation by other dates in the union where you are not the mod refpeCtable in numbers ; — and thus tend not to promote ; but to check that chidian benevolence and harmony which every where ought to fubfid among the miniders of religion of all denominations ? If you be fenlibie of thefe truths, then reflect on the patriotic fervices of a Jefferfon in the caufe of religious li- berty. It is he who has taken the lead in reducing your church, in thefe ftates to its primitive fimplicity and inde- pendence on civil power — and to that condition which is bed Crtlculttted to enable you and your J)oderity to enjoy C '3 ] the religious Improvements of its befl principJes and doc« trines, without leeing it the degraded, corrupted tool of civil tyranny S: oppreilion. You mult be blind to all thoCe mod intcielling and important advantages, if you are not o^ratefull y lenfiblc of uhat Mr. Jellerfon has done for your church in particular, and religion in general, in ihefe ref- petts, even lince the revolution. Ye zealous and pioufly patriotic members of the Me- thodift Churches ? ye, too, are interefted in keeping po- litical and religious influence apart. Ic is not pofiible that you can approve any fuch nionflrous marriage ; — any iuch unnatural union. Are ye not a reformed Progeny ; — an infant church that may be faid to have arifen from the effects of that corrupting combination ? Was it noi. from this heterogeneous union of civil and religious pov>er, that all that degeneracy took place which occafioned a Wes/eyy and all your mofl pious and able founders to leave the infectious bofom of old mother church ellabhlliment, and adopt a lefs corrupt and more pious fyftem ? If then, you be fenfible of this truth ; if you have experienced in your fuccefs the happy effedls of religious liberty ; if It has been the means of enabling you, under the difpenfations of Providence, to accomplilh the reformation of thou- fiands and tens of thoufands of thofe previoufly given over to an abandoned and profligate life ; — will you not cherifa a fultable tribute of gratitude to that patriot who has la- boured through life, to prevent that degeneracy in reli- gion which every where mud arife from a combination be- tween legiflators or civil governments — and thofe proud prlefls who feek to ball; under th^Ir funfliine — rather than that refpectability which Is derived alone from the a- ble and faithful difcharge of their duty in the churches ? Surely you can never approve of bafely calumniating that character to whofe exemplary exertions in the caufe of re- ligious liberty, yours as much as any other denomination of chriflians is fo much indebted. Ye who bear the defignation of the pious and chrlflian Friends ! Are ye not alfo grateful for any fervice, howe- ver fmall, in fuch a caufe ? How many of your fociety are fcattered over the various flates in the Union ? Would you wHh to fee them as they are in England punifhed and perfecute4 for con fclence- fake t In Virginia, efpeciallyj. C 14 ] lias nota Jefferfon been the able advocate of their religious rights ? Has he not by the law, here introduced to your notice, been the inftrument, under Providence, of fecur- ing to them the rights of confcience, free from the penal- ty of being fubjefted to any undue pre-eminence in other denominations ? And are you infenfible of thofe fervices?" No, you cannot be ; your hearts bleed too feelingly for the hundreds of your I'uiFering fociety that in the Englifli dominions, and other eftabliihed hierarchies ; under an intolerant bench of fpiritual Lords over God*s heritage, are coniigned frequently to the gloomy dungeon for con- fcience-fake. I fay, my pious Friends ! your hearts, bleed too feeling- ly for their fufferings and oppreffion ; their fines and im- prifonments, not to be duly grateful to the man, who in this country, more than any other public character, has directly oppofed a fmiilar fyftem being adopted in Virginia, and probably from its example, in other flates of the U- nion. Independent of thefe confiderations, fo near to your feelings and principles, you mufl, you cannot but ap- prove of that hatred to ilavery in every point of view ; to that tyranny and oppreffion, of every fpecies ; that phi- lanthropy and benevolence towards man in every ftate and under every defignation for which the life of a Jefferson is fo exemplary and uniformly illuftrious. In the filence, the calm peaceful filence of your own breads, impartially ueigh and refled what is due from you and from Ameri- ca, to fuch a character; and I have no fear but you will reduce it to pradice in your conduft. Ye various, patriotic and pious members of the Reform- ed Churches in America, by whatever name defignatcd by men. Whether Prefbytcrians, Baptifts, Secedars, or Covenantors — Some of you in thole very dcfignations, fhew, what you have fuffered from court-perfecution, and the idolized Dagon of Prelacy, and church eflablifliment. It has been the boafl of your greatell worthies, and long and refpeftable is their honoured lill ; — that they bled in the caufe of religious freedom, in oppofition to the bloody and perfecuting fpirit of proud hierarchy and religious natural eftablifhments by the encroachments and ambitioa of titled ccclefiaftics* C '5 ] As you revere that glorious anceflry who were martyred in this caule ; as you value the divine advantages of religious liberty and the rights of confcience to you and your pollerity, you will venerate the man, who of all the great political charadlers in this country next to a Wajhii.gton, has mod uniformly vindicated and ably af- feried the equal conftitutional claim of all religious deno- minations, in thefe Hates, to religious liberty. If any of your clergy be fo ignorant of this, or fo vain cf one prefident being of their denomination, as to declaim againft one of any other, reflect on the confequences of fo narrow, illiberal and unconftitutional a principle. Let no fuch bigotry difgrace your condu£l or patriotifm. No political character, exifting in thefe (fates, at this moment, has done as much in favour of that form of ecclefiaftic or church government which you approve, as Mr. Jefter- fon ; — none who has fo illuftrioully oppofed the firft in- roads of ecclefiaftic encroachment. For this it is that he has incurred the odium of fpiritual tyrants of all religious denominations. For this it is that he is fo obnoxious to every clerical high-toned churchman, who with the cha- racter and ambition of aBifliop Sharpe^ has beenfceking to reduce this ftate in particular to the old yoke of ecclefia- flical bondage ; and will you join in the foul-mouthed cry of foreign breathed bigotry, and unconftitutional cplumny. O let it nut be faid amidft the aftemblies of the people! — Name it not in the congregations of the friends of rehgious liberty. Men of every religious perfuafion ! weigh in your own candid minds thefe admonitory hints. Try them by the ftandard of truth and the principles of our conftltution. None of you can hold in {greater abhorrence all reli7 ) !« divine revelation. But let us examine candiJlv, whether this calumny be not equally groundlefs as the former. !u various parts of that gentleman's publications we fmd him exprefs himfelt in the molt relpectlul manner of God and his holy religion. In particular in his notes on Virginia, hj fpeaks ot the divine perfections & attributes, in a manner and ftyle which could only be derived from his acquain- tance with, and belief in the word of God. The greateit philofophersthat ever lived in the world, Ariftotle Socrates, Pinto or Cicero among the ancients, and even the mod illus- trious among the modern men, were never able to attain any juft ideas of the Divine Being,but fuch as they derived from a knowledge of the Divine Revelation. When Mr. Jcifer- fon, then, fpeaks of all the glorious attributes of the Deity, his intinite julfice, goodnefs and wifdom ; tell me, ye whi> dare to fay that he has no religion, whence he derived thofe ideas, but from divine revelation ? Thefc fentiments of God and religion could, I fiiy, have been derived only from his knowledge of the fcriptures- The avowed and publiflied declarations Mr. Jefferfoii has made in favour of revealed religion are various ; and to be found almost in every publication of importaiice that has come from his pen. • Is there an American ignorant of the Declaration of A- rierica^ s Independence ; h to whom it owes its dignified Ityle and fentiments, equally pious and patriotic ? This ever memorable Inflrument which ought to be indelibly engraven on every heart, in its introduclion is as follows :— " When in the courfe of human events, it becomes ne- *' ceflary for one people to dilfolve the political bands " which have connected them with another, and to af- " fume among the powers of the earth the fcparate and ** equal Ration to which the Lav/s of nature, and of Na- *' ture's God entitled them, a decent refpect to the- ** opinions of mankind requires that they Ihould declare ** the caufes which impel them to the feparation.'* " We hold thefe truths to be felf evident, that all men " are created equal ; that they are endowed by their Cre- *' ATOR with certain unalienable rights, &:c.'* When we read f-ich fentiments as the above j w hca in C ( "8 ) the folenm accents of as folemn a tranfadion as is in tile power of a great people to perform, we find every thing to them that is dear and facred founded on the Laws and confequently the will of GOD — How illiberal, how pre- fumptuous is it in any of that people to fay that the au- thor denied thofe laws or that revealed ivUl of God^ Where we lind, even our temporal rights and privileges as alfo our bodily or mental endowments affigned to the great Creator, is it charitable ; is it liberal ; is it like chrillians, to fay that the author of fuch fentiments is a man v/ho denies his Creator*s exiitence ; the immortality of the human foul- — and all the foul-exalting doftrines of rdigion? Whatever party, or party men are fo mean as to Itoop to fuch defamation of character ; — fuch proftitu- tion of truth ; — fuch ungenerous opprobium ; inftead of fhewing you, my fellow-citizens, that Mr. Jefferson, the author of the preceding fentiments, in that blefled, that pious, that hallowed instrument, that feparated your necks from the tyrant's yoke ; I fay, the men who would charge religious infidelity on the author of fuch fentiments, only {liew you that they themfelves are deftituie of religi* on ; are devoid of every ennobling principle of religion that chriftianity inculcates. To have no charity for our neighbour's or fellow-citi- zen's name or fame ; to perfecute, flander and revile on no better proof than mere prefumption, is direaly oppofite to the moft amiable and divine dictates of that religion we profefs— but when this is cheriilied towards a man, whofe whole life, it may be faid, has been zealoufly, ably and faithfully devoted to the maintaining the civil and religious rights oi his country — language is at a lofs for fuitable e* pithcrs to exprefs the malignity, cruelty, barbarifm, and I mavadd, irrcllgion of fuch conduct. But another proof of his regard for the word of God, and its being encouraged and patronifcd by fuch public and patriotic characters as thofe who hold the chief place in [he government of the United States, we find m his iubfcribing, fome time fince, to the moft expcnfive and liand'oir.e edition of the word of God ever publillied in il eie Hates. I allude to the Ilot-Prefs Bible publiflicd at Philadelphia j a work, which in every point cf view, doss ( 19 ) honor to the editors, and all the friends of" religion who have patronifed it. Now, notwlthftandlng all the noife that the opponents to Mr. Jeflerlbn make about his want of religion, we find his honoured name in the lift of its patrons, while many of thofe whofe pretended fuperior regard to religion and its encouragement, are not to be found there. Thus it is, that, for eledioneering purpofes we find many v. ho, pro- bably, never had a bible in their families, crying out a- gain(t Mr. Jefferfon for denyingthe facred volume, ahhough we find him its public patron, introducing it, in its mod! refpeclable appearance, to his family ; and thus giving the moft dignified countenance and fupport to the moft valuable edition of the fcriptures ever publiflied in Ame- rica. Citizens of the United States, in general, and of Mary- land in particular, whatever may be your religious creed, profeflion or denomination— confider well what has been here, in truth and fincerity, fubmitted to your attention. Proofs of all here advanced, are eafy to be attained, they are in the hands of the public ; and no man of m- formation whofe face has not been hardened by want ol' principle can deny them ; if fo, you can have nothing to fear from Mr. Jefferfon's want of regard to religion ; or the free exercifeofit by thofe of every church or denomi- nation. Has he ever undertaken any office for his country, that he has not fulfilled with honour and approbation — for which he has not received his country's thanks. What man ever more fully and fincerely en;oycd the confidence of a Wajhington than Mr. Jefferfon; has he not fingled him out for particular trufls and offices of importance, from a- among his co-patriots of the highcd merit ? Can you then for a moment fuppofe, that this long tried patriot through the worfl: and beft of times — I fay can you poili'oly fuj^pofe that this man of untarnifhed fame and merit, after all lie has voluntarily done, in behalf of religious liberty, when the zeal of other patriots w^as either cold or at beft luke warm on the fubjecl, would be lefs attentive to the facred religiou.=; rights of his fellow citizens, when elevat- ed by their fulTrages to the prefidency of thefe ftates ? C 20 ] The fiippofiilon is too prepofterous and abfurd to be fo calculated upon by any principles of truth or candour. it is the province of mere clamour and falfe alarm to turn the attention off from where the real danger lies. Thus, while many of our {late patriots are thundering out anathemas again ft Mr. Jefferfon on the fcore of reli- gion : "i hey thcmlclves have lately been fapping the very conflitutioual foundation of our religious rights ; have enacted laws that give an evident fuperiority to a particu- lar denomination, or at lead to its clergy, in open vio- lation of the Hate conftitution ; of the individual or per- fonal rights of the members of that church themfelves ; and in violation aifo of that equal claim to refpe^labili- ty in fociety, which every religious denomination in Ma- ryland ought to enjoy, inas far, efpecially, as any local di- vifiun into parifiies can confer or fecure that claim. This may ferve to fliew you how much depends on the men you choofe to reprefent you in the (tate aflembly ; ihould the iuture perfevere in the fame partial policy that fome of the ftate legiflatures have done ; experience {hews you I hope that your religious liberty has infinitely more to fear from them than from Mr. Jefferfon. Freemen of Maryland ! If you have then any regard for your civil and religious rights ; rights which if you do your duty, your conftitution fecures to you againft every inroad, you will give thefe obfervations your candid at- tention ; you will not be. cajoled into the bafe office of defaming a charafter which, for more than twenty-five years has borne a diftinguifhed Ihare in the fervices and councils of his countrv ; who has for you braved dan- ger in various forms — Whofe perlon, on account of his incorruptible and fiern patriotifm has ever been moll inimical to the tyrants who fought to put you under the yoke of both civil and religious bondage and oppref- iion — whofe property, or at lead all of it that the Hames could deliroy — his houfes, furniture, flock, fences, &c. &€. were configncd to one general conflagration •; and on whole invaluable head the hordes oi Britifh babari- ans had fct more th.an an ordinary price. If to fuch a character you want gratitude — If for fuch s man you have nothing better than vile calumny, and low clecUoaecring abufc aad fcurrility, I hefitate not to \ C -I ] pronounce that you yourfclvcs arc neither entitled to the name of men, nor Americans; and fur lefs have you any well founded pretenfion to the rdi^^ious cha- racter of the fincere chrillian. Americans! think, then on this fubjetft; and after all, fhould any of you be led to judge any other man iii thefe Hates better entitled by merit and pall fervices to the prefidency — ad like men, and not like mean, cajol- ed, dadardly flavcs — ad like yourfelvcs— and dare to be independent of every overbearing, tyrannical, ambitious party fpirit. Let every charscler— every patriot ; whether an Adams or a Jeiierfon, candidly have their due ; rob them not of any claim, any well won claim to their country's con- fidence and approbation. Nothing extenuate ; — and ftill lefs fet down againft them in flander or malice. But, above all, defcend not to the low eledioneering artifice of holding up to public odium againft any candidate, any charge, on account of which, even if authenticated, our national conftitution has laid no prohibitory exclufion from any place of trull or emolument in the power of your fuiFrages to confer. Should thefe few ftrldures affift in leading any of you, who have been mifmformed, to a better underftandin'x of what has been their fubj^l: : — and if they fliould in any degree, have tended on an impartial, candid perufal, to fee afide what the writer confiders a very unjuftand un- conftitutional flab at the character of a man who has, from youth up to hoary years, been employed in his coun- try's mod honourable fervice, I fliall think the hour I have devoted to thepurpofe one of the happieft and beft fpent in all my life ; — and I would fondly hope not altogether uninterefting or unfcrviceable to my Fellow-Citizens, of every religious denominationo ji F7iend io real Religion. /^ ,f«> #• * ^ v** i. Date Due . ^