Production Mineral Vegetable and Animal
A NOTICE of the mines and other subterraneous riches; its trees, plants, fruits, &.
[ 38 ]
I knew a single instance of gold found in this state. It was interspersed in small specks through a lump of ore, of about four pounds weight, which yielded seventeen penny-weight of gold, of extraordinary ductility. This ore was found on the North side of Rappahanoc, about four miles below the falls. I never heard of any other indication of gold in its neighbourhood.
On the Great Kanhaway, opposite to the mouth of Cripple creek, and about twenty-five miles from our southern boundary, in the county of Montgomery, are mines of lead. The metal is mixed, sometimes with earth, and sometimes with rock, which requires the force of gunpowder to open it; and is accompanied with a portion of silver, too small to be worth separation under any process hitherto attempted there. The proportion yielded is from 50 to 80 lb. of pure metal from 100 lb. of washed ore. The most common is that of 60 to the 100 lb. The veins are at sometimes most flattering; at others they disappear suddenly and totally. They enter the side of the hill, and proceed [ 39 ][ 40 ]
A valuable lead mine is said to have been lately discovered in Cumberland, below the mouth of Red river. The greatest, however, known in the western country, are on the Missisipi, extending from the mouth of Rock river 150 miles upwards. These are not wrought, the lead used in that country being from the banks on the Spanish side of the Missisipi, opposite to Kaskaskia.
A mine of copper was once opened in the county of Amherst, on the North side of James river, and another in the opposite country, on the South side. However, either from bad management or the poverty of the veins, they were discontinued. We are told of a rich mine of native copper on the Ouabache, below the upper Wiaw.
[ 41 ]
The mines of iron worked at present are Callaway's, Ross's, and Ballendine's, on the South side of James river; Old's on the North side, in Albemarle; Miller's in Augusta, and Zane's in Frederic. These two last are in the valley between the Blue ridge and North mountain. Callaway's, Ross's, Millar's, and Zane's, make about 150 tons of bar iron each, in the year. Ross's makes also about 1600 tons of pig iron annually; Ballendine's 1000; Callaway's, Millar's, and Zane's, about 600 each. Besides these, a forge of Mr. Hunter's, at Fredericksburgh, makes about 300 tons a year of bar iron, from pigs imported from Maryland ; and Taylor's forge on Neapsco of Patowmac, works in the same way, but to what extent I am not informed. The indications of iron in other places are numerous, and dispersed through all the middle country. The toughness of the cast iron of Ross's and Zane's furnaces is very remarkable. Pots and other utensils, cast thinner than usual, of this iron, may be fasely thrown into, or out of the waggons in which they are transported. Salt-pans made of the same, and no longer wanted for that purpose, cannot be broken up, in order to be melted again, unless previously drilled in many parts.
In the western country, we are told of iron mines between the Muskingum and Ohio; [ 42 ]
Considerable quantities of black lead are taken occasionally for use from Winterham, in the county of Amelia. I am not able, however, to give a particular state of the mine. There is no work established at it, those who want, going and procuring it for themselves.
The country on James river, from 15 to 20 miles above Richmond, and for several miles northward and southward, 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 commerce were worked to an extent equal to the demand.
In the western country coal is known to be in so many places, as to have induced an opinion, that the whole tract between the Laurel mountain, Missisipi, and Ohio, yields coal. It is also known in many places on [ 43 ]
I have known one instance of an Emerald found in this country. Amethysts have been frequent, and chrystals common; yet not in such numbers any of them as to be worth seeking.
There is very good marble, and in very great abundance, on James river, at the mouth of Rockfish. The samples I have seen, were some of them of a white as pure as one might expect to find on the surface of the earth: but most of them were variegated with red, blue, and purple. None of it has been ever worked. It forms a very large precipice, which hangs over a navigable part of the river. It is said there is marble at Kentucky.
But one vein of lime-stone is known below the Blue ridge. Its first appearance, in our country, is in Prince William, two miles below the Pignut ridge of mountains; thence it passes on nearly parallel with that, and crosses the Rivanna about five miles below it, where it is called the South-west ridge. It then crosses Hardware, above the mouth [ 44 ][ 45 ]
Near the eastern foot of the North mountain are immense bodies of Schist, containing impressions of shells in a variety of forms. I have received petrified shells of very different kinds from the first sources of the Kentucky, which bear no resemblance to any I have ever seen on the tide-waters. It is said that shells are found in the Andes, in South-America, fifteen thousand feet above the level of the ocean. This is considered by many, both of the learned and unlearned, as a proof of an universal deluge. To the many considerations opposing this opinion, the following may be added. The atmosphere, and all its contents, whether of water, air, or other matters, gravitate to the earth; that is to say, they have weight. Experience tells us, that the weight of all these together never exceeds that of a column of mercury of 31 inches height, which is equal to one of rainwater of 35 feet high. If the whole contents [ 46 ]* supposed, and is not unlikely, that that sea was once a lake. While such, let us admit an extraordinary collection of the waters of the atmosphere from the other parts of the globe to have been discharged over that and the countries whose waters run into it. Or without supposing it a lake, admit [ 47 ] A mythical ruler in ancient Greece., about 500 years later; and those of Thessaly, in the time of Deucalion Another mythical ruler of ancient Greece, the son of Prometheus., still 300 years posterior. But such deluges as these will not account for the shells found in the higher lands. A second opinion has been entertained, which is, that, in times anterior to the records either of history or tradition, the bed of the ocean, the principal residence of the shelled tribe, has, by some great convulsion of nature, been heaved to the heights at which we now find shells and other remains of marine animals. The favourers of this opinion do well to suppose the great events on which it rests to have taken place beyond all the æras of history; for within these, certainly none such are to be found: and we may venture to say further, that no fact has taken place, either in our own days, or in the thousands of years recorded in history, which proves the existence [ 48 ]
M. de Voltaire Jefferson is referring to the article on shells in Voltaire's Questions sur L'Encyclopédie (1770-72). has suggested a third solution of this difficulty (Quest. encycl. Coquilles). He cites an instance in Touraine, where, in the space of 80 years, a particular spot of earth had been twice metamorphosed into soft stone, which had become hard when employed in building. In this stone shells of various kinds were produced, discoverable at first only with the microscope, but afterwards growing with the stone. From this fact, I suppose, he would have us infer, that, besides the usual process for generating shells by the elaboration of earth and water in animal vessels, nature may have provided an equivalent operation, by passing the same materials through the pores of calcareous earths and stones: as we see calcareous dropstones generating every day by the percolation of water through lime-stone, and new marble forming in the quarries from which [ 49 ]
There is great abundance (more especially when you approach the mountains) of stone, white, blue, brown, & fit for the chissel, [ 50 ]
Marle abounds generally. A clay, of which, like the Sturbridge in England, bricks are made, which will resist long the violent action of fire, has been found on Tuckahoe creek of James river, and no doubt will be found in other places. Chalk is said to be in Botetourt and Bedford. In the latter county is some earth, believed to be Gypseous. Ochres are found in various parts.
In the lime-stone 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 below the lead mines, is a very large one, about 20 yards wide, 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 extract the nitre. Besides a coat of the salt which had formed on the vault and floor, he found the earth highly impregnated to the depth of seven feet in some places, and [ 51 ]
The country westward of the Alleghaney abounds with springs of common salt. The most remarkable we have heard of are at Bullet's lick, the Big bones, the Blue licks, and on the North fork of Holston. The area of Bullet's lick is of many acres. Digging the earth to the depth of three feet, the water begins to boil up, and the deeper you go, and the drier the weather, the stronger is the brine. A thousand gallons of water yield from a bushel to a bushel and a half of salt, which is about 80 lb. of water to one lb. of salt; but of sea-water 25 1b. yield one lb. of salt. So that sea-water is more than three times as strong as that of these springs. A salt spring has been lately discovered at the Turkey foot on Yohogany, by which river it is overflowed, except at very low water. [ 52 ]
There are several Medicinal springs, some of which are indubitably efficacious, while others seem to owe their reputation as much to fancy, and change of air and regimen, as to their real virtues. None of them having undergone a chemical analysis in skilful hands, nor been so far the subject of observations as to have produced a reduction into classes of the disorders which they relieve, it is in my power to give little more than an enumeration of them.
The most efficacious of these are two springs in Augusta, near the first sources of James river, where it is called Jackson's river. They rise near the foot of the ridge of mountains, generally called the Warm spring mountain, but in the maps Jackson's mountains. The one is distinguished by the name of the Warm spring, and the other of the Hot spring Warm Springs and Hot Springs, in Bath County, Virginia. Jefferson visited here in 1818, using a (still-standing) pool house that was built in 1761; the waters are now referred to as the Jefferson Pools.. The Warm spring issues with a very bold stream, sufficient to work a grist-mill, and to keep the waters of its bason, which is 30 feet in diameter, at the vital warmth, viz. 96°. of Farenheit's thermometer. The [ 53 ]
The Hot spring is about six miles from the Warm, is much smaller, and has been so hot as to have boiled an egg. Some believe its degree of heat to be lessened. It raises the mercury in Farenheit's thermometer to 112 degrees, which is fever heat. It sometimes relieves where the Warm spring fails. A fountain of common water, issuing within a few inches of its margin, gives it a singular appearance. Comparing the temperature of these with that of the Hot springs of Kamschatka, of which Krachininnikow Stepan Kracheninnikov (1713-55), a Russian explorer and naturalist whose Histoire de Kamtchatka et des Contrées Voisines(1767) described eastern Siberia. gives an account, the difference is very great, the latter raising the mercury to 200°. which is within 12°. of boiling water. These springs are very much resorted to in spite of a total want of accommodation for the sick. Their waters are strongest in the hottest months, which occasions their being visited in July and August principally.
The Sweet springs are in the county of Botetourt, at the eastern foot of the [ 54 ]
On Patowmac river, in Berkeley county, above the North mountain, are Medicinal springs, much more frequented than those of Augusta. Their powers, however, are less, the waters weakly mineralized, and scarcely warm. They are more visited, because situated in a fertile, plentiful, and populous country, better provided with accommodations, always safe from the Indians, and nearest to the more populous states.
In Louisa county, on the head waters of the South Anna branch of York river, are springs of some medicinal virtue. They are not much used however. There is a weak chalybeate A spring with iron water. at Richmond; and many others in various parts of the country, which are of too little worth, or too little note, to be enumerated after those before-mentioned.
We are told of a Sulphur springs on Howard's creek of Greenbriar, and another at Boonsborough on Kentuckey.
[ 55 ]
In the low grounds of the Great Kanhaway, 7 miles above the mouth of Elk river, and 67 above that of the Kanhaway itself, is a hole in the earth of the capacity of 30 or 40 gallons, from which issues constantly a bituminous vapour in so strong a current, as to give to the sand about its orifice the motion which it has in a boiling spring. On presenting 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 height, which sometimes burns out within 20 minutes, and at other times has been known to continue three days, and then has been left still burning. The flame is unsteady, of the density of that of burning spirits, and smells like burning pit coal. Water sometimes collects in the bason, which is remarkably cold, and is kept in ebullition by the vapour issuing through it. If the vapour be fired in that state, the water soon becomes so warm that the hand cannot bear it, and evaporates wholly in a short time. This, with the circumjacent lands, is the property of his Excellency General Washington and of General Lewis Andrew Lewis (1720-81) had been a soldier during both the French and Indian and Revolutionary Wars..
There is a similar one on Sandy river, the flame of which is a column of about 12 inches diameter, and 3 feet high. General Clarke George Rogers Clarke (1752-1818), born in Charlottesville, Virginia, had led the Kentucky militia during the Revolutionary War. His son, William Clarke, was co-leader of the famous Lewis and Clarke expedition conducted during Jefferson's presidency., who informs me of it, kindled the [ 56 ]
The mention of uncommon springs leads me to that of Syphon fountains. There is one of these near the intersection of the Lord Fairfax's boundary with the North mountain, not far from Brock's gap, on the stream of which is a grist-mill, which grinds two bushel of grain at every flood of the spring. Another, near the Cow-pasture river, a mile and a half below its confluence with the Bull-pasture river, and 16 or 17 miles from the Hot springs, which intermits once in every twelve hours. One also near the mouth of the North Holston.
After these may be mentioned the Natural Well, on the lands of a Mr. Lewis in Frederick county. It is somewhat larger than a common well: the water rises in it as near the surface of the earth as in the neighbouring artificial wells, and is of a depth as yet unknown. It is said there is a current in it tending sensibly downwards. If this be true, it probably feeds some fountain, of which it is the natural reservoir, distinguished from others, like that of Madison's cave, by being accessible. It is used with a bucket and windlass as an ordinary well.
A complete catalogue of the trees, plants, fruits & is probably not desired. I will[ Tip-in 14, Page 1 ]
We are told that during a great storm on the 25th. of Dec. 1798. the Syphon fountain, near the mouth of the North Holston ceased, and a spring broke out about 100. feet higher up the hill. Syphon fountains have been explained by supposing the duct which leads from the reservoir to the surface of the earth to be in the form of a syphon a. b. c. where it is evident that till the water rises in the reservoir to d the level of the highest point of the syphon, it cannot flow through the duct, & it is known that when once it begins to flow it will draw off the water of the reservoir to the orifice a. of the syphon if the duct be larger than the supply of the reservoir. possibly the force of the waters & loosening of the earth by them, during the storm abovementioned may have opened a more direct duct as from e. to f. horizontally or declining, which issued higher up the hill than the one fed by the syphon. In that case it becomes a common spring. should this duct be again closed or diminished by any new accident the syphon may begin to play again, and both springs be kept in action from the same reservoir.
[ 57 ]The system for taxonomizing plants founded by Carolus Linnaeus (1707-78). to the popular names, as the latter might not convey precise information to a foreigner. I shall confine myself too to native plants.
I. Senna. Cassia ligustrina.
Arsmart. Polygonum Sagittatum.
Clivers, or goose-grass. Galium spurium.
Lobelia of several species.
Palma Christi. Ricinus.
(3.) James-town weed. Datura Stramonium.
Mallow. Malva rotundifolia.
|Syrian mallow.||Hibiscus virginicus.|
|Indian mallow.||Sida rhombifolia.|
|Indian mallow.||Sida abutilon.|
|Virginia Marshmallow.||Napæa hermaphrodita.|
|Virginia Marshmallow.||Napæa dioica.|
Indian physic. Spiræa trifoliata.
Pleurisy root. Asclepias decumbens.
Virginia snake-root. Aristolochia serpentaria.
Black snake-root. Actæa racemosa.
Seneca rattlesnake-root. Polygala Senega.
Valerian. Valeriana locusta radiata.
[ 58 ]
Gentiana, Saponaria,Villosa & Centaurium.
Ginseng. Panax quinquefolium.
Angelica. Angelica sylvestris.
Cassava. Jatropha urens.
2. Tuckahoe. Lycoperdon tuber.
Jerusalem artichoke. Helianthus tuberosus.
Long potatoes. Convolvulas batatas.
Granadillas. Maycocks. Maracocks. Passiflora incarnata.
Panic. Panicum of many species.
|Indian millet.||Holcus laxus.|
Wild oat. Zizania aquatica.
Wild pea. Dolichos of Clayton Philip Miller (1691-1771) had published The Gardener's Kalendar and The Gardener's Dictionary in the 1760s, two reference books that Jefferson owned; John Clayton (1694-1773) whose research on Virginia plants was published by Jan Frederik Gronovius in Flora Virginica(1739-43); Jefferson owned a copy of the second, 1762 edition..
Lupine. Lupinus perennis.
Wild hop. Humulus lupulus.
Wild cherry. Prunus Virginiana.
|Cherokee plumb. Prunus sylvestris fructu majori.||Clayton|
|Wild plumb. Prunus sylvestris fructu minori.|
Wild crab-apple. Pyrus coronaria.
Red mulberry. Morus rubra.
Persimmon. Diospyros Virginiana;
Sugar maple. Acer faccharirvum.
Scaly bark hiccory. Juglans alba cortice squamoso. Clayton.
Common hiccory. Juglans alba, fructu minore rancido. Clayton.
[ 59 ]
Paccan, or Illinois nut. Not described by Linnæus, Millar, or Clayton. Were I to venture to describe this, speaking of the fruit from memory, and of the leaf from plants of two years growth, I should specify it as the Juglans alba, foliolis lanceolatis, acuminatis, serratis, tomentosis, fructu minore, ovato, compresso, vix insculpto, dulci, putamine, tenerrimo. It grows on the Illinois, Wabash, Ohio, and Missisipi. It is spoken of by Don Ulloa under the name of Pacanos, in his Noticias Americanas. Entret. 6.
Black walnut. Juglans nigra.
White walnut. Juglans alba.
Chesnut. Fagus castanea.
Chinquapin. Fagus pumila.
Hazlenut. Corylus avellana.
Grapes. Vitis. Various kinds, though only three described by Clayton.
Scarlet Strawberries. Fragaria Virginiana of Millar.
Whortleberries. Vaccinium uliginosum?
Wild gooseberries. Ribes grossularia.
Cranberries. Vaccinium oxycoccos.
Black raspberries. Rubus occidentalis.
Blackberries. Rubus fruticosus.
Dewberries. Rubus cæsius
Cloud-berries. Rubus chamæmorus.
[ 60 ]
3. Plane-tree. Platanus occidentalis.
Black poplar. Populus nigra.
Aspen. Populus tremula.
Linden, or lime. Tilia Americana.
Red flowering maple. Acer rubrum.
Horse-chesnut, or Buck's-eye. Æsculus pavia.
Catalpa. Bignonia catalpa.
Umbrella. Magnolia tripetala.
Swamp laurel. Magnolia glauca.
Cucumber-tree. Magnolia acuminata.
Portugal bay. Laurus indica.
Red bay. Laurus borbonia.
Dwarf-rose bay. Rhododendron maximum
Laurel of the western country. Qu. species ?
Wild pimento. Laurus benzoin.
Sassafras. Laurus sassafras.
Locust. Robinia pseudo-acacia.
Honey-locust. Gleditsia. I. δ.
Dogwood. Cornus florida.
Fringe or snow-drop tree. Chionanthus Virginica.
Barberry. Berberis vulgaris.
Redbud, or Judas-tree. Cercis Canadensis.
Holly. Ilex aquifolium.
Cockspur hawthorn. Cratægus coccinea.
Spindle-tree. Euonymus Europæus.
[ 61 ]
Evergreen spindle-tree. Euonymus Americanus.
Elder. Sambucus nigra.
Papaw. Annona triloba.
Candleberry myrtle. Myrica cerifera.
|Dwarf-laurel.||Kalmia angustifolia||called ivy with us.|
Ivy. Hedera quinquefolia.
Trumpet honeysuckle. Lonicera sempervirens.
Upright honeysuckle. Azalea nudiflora.
Yellow jasmine. Bignonia sempervirens.
American aloe. Agave Virginica.
Sumach. Rhus. Qu. species?
Poke. Phytolacca decandra.
Long moss. Tillandsia Usneoides.
4. Reed. Arundo phragmitis.
Virginia hemp. Acnida cannabina.
Flax. Linum Virginianum.
Black, or pitch-pine. Pinus tæda.
White pine. Pinus strobus.
Yellow pine. Pinus Virginica.
Spruce pine. Pinus foliis singularibus.
Hemlock spruce fir. Pinus Canadenfis.
Arbor vitse. Thuya occidentals.
[ 62 ]
Juniper. Juniperus virginica (called cedar with us).
Cypress. Cupressus disticha.
White cedar. Cupressus Thyoides.
Black oak. Quercus nigra.
White oak. Quercus alba.
Red oak. Quercus rubra.
Willow oak. Quercus phellos.
Chesnut oak. Quercus prinus.
Black jack oak. Quercus aquatica. Clayton. Query ?
Ground oak. Quercus pumila. Clayton.
Live oak. Quercus Virginiana. Millar.
Black Birch. Betula nigra.
White birch. Betula alba.
Beach. Fagus sylvatica.
|Fraxinus Novæ Angliæ. Millar.|
Elm. Ulmus Americana.
Willow. Salix. Query species ?
Sweet Gum. Liquidambar styraciflua.
The following were found in Virginia when first visited by the English; but it is not said whether of spontaneous growth, or by cultivation only. Most probably they were natives of more southern climates, and handed along the continent from one nation to another of the savages.
Maize. Zea mays.
[ 63 ]
Round potatoes. Solanum tuberosum.
Pumpkins. Cucurbita pepo.
Cymlings. Cucurbita verrucosa.
Squashes. Cucurbita melopepo.
There is an infinitude of other plants and flowers, for an enumeration and scientific description of which I must refer to the Flora Virginica of our great botanist Dr. Clayton, published by Gronovius at Leyden, in 1762. This accurate observer was a native and resident of this state, passed a long life in exploring and describing its plants, and is supposed to have enlarged the botanical catalogue as much as almost any man who has lived.
Besides these plants, which are native, our Farms produce wheat, rye, barley, oats, buck wheat, broom corn, and Indian corn. The climate suits rice well enough wherever the lands do. Tobacco, hemp, flax, and cotton, are staple commodities. Indico yields two cuttings. The silk-worm is a native, and the mulberry, proper for its food, grows kindly.
We cultivate also potatoes, both the long and the round, turnips, carrots, parsneps, pumpkins, and ground nuts (Arachis.) Our grasses are Lucerne, St. Foin, Burnet, Timothy, ray and orchard grass; red, white, and yellow clover; greenswerd, blue grass, and crab grass.
[ 64 ]
The gardens yield musk melons, water melons, tomatas, okra, pomegranates, figs, and the esculent plants of Europe.
The orchards produce apples, pears, cherries, quinces, peaches, nectarines, apricots, almonds, and plumbs.
Our quadrupeds have been mostly described by Linnæus and Mons. de Buffon. Of these the Mammoth, or big buffalo, as called by the Indians, must certainly have been the largest. Their tradition is, that he was carnivorous, and still exists in the northern parts of America. A delegation of warriors from the Delaware tribe having visited the governor of Virginia That would be Jefferson himself, who served as governor of Virginia from 1779 to 1781, at the time when this incident would have taken place. Jefferson's desire to show that mammoths survived into historical memory serves the purpose of refuting Buffon's claim that animals and plants degenerated in the climate of the New World. By offering evidence (which we now know to be incorrect) that large animals like mammoths--larger than anything found in Europe--existed recently and may still exist in the Americas, Jefferson hoped to refute Buffon and argue for the fertility and fecundity of his native land. Indeed, for much of this Query, the vast amount of evidence that Jefferson offers for the variety of plants, animals, and minerals present in Virginia, and in particular the size of its larger animals, while it may run the risk of seeming like overkill to the modern reader, is designed to serve as a kind of argument-by-sheer-quantity against Buffon's influential writings., during the present revolution, on matters of business, after these had been discussed and settled in council, the governor asked them some questions relative to their country, and, among others, what they knew or had heard of the animal whose bones were found at the Saltlicks, on the Ohio. Their chief speaker immediately put himself into an attitude of oratory, and with a pomp suited to what he conceived the elevation of his subject, informed him that it was a tradition handed down from their fathers, 'That in antient times a herd of these tremendous animals came to the Big-bone licks, and began an universal destruction of the bear, deer, elks, buffaloes, and other animals, [ 65 ][ 66 ] [ 67 ] * anatomist, who, from an examination of the form and structure of the tusks, has declared they were essentially different from those of the elephant; because another † anatomist, equally celebrated, has declared, on a like examination, that they are precisely the same. Between two such authorities I will suppose this circumstance equivocal. But, 1. The skeleton of the mammoth (for so the incognitum has been called) bespeaks an animal of five or six times the cubic volume of the elephant, as Mons. de Buffon has admitted. 2. The grinders are five times as [ 68 ] [ Tip-in 15, Page 1 ]
pa. 69. line 6. subjoin this note.
M. de Buffon considers the existence of Elephant bones in Northern regions, where the animal itself is no longer found, as one of the leading facts which support his theory that the earth was once in a liquid state, rendered so by the action of fire, that the process of cooling began at its poles, and proceeded gradually towards the torrid zone, that with this progress the animals of warm temperature retired towards the equator, and that in the present state of that progress the globe remains of sufficient warmth, for the elephant for instance, in the tropical regions, only to which therefore they have retired, as their last asylum and where they must become extinct when the degree of warmth shall be reduced below that adapted to their constitution. how does it happen then that no elephants exist at present in the tropical regions of America, to which those of the Ohio must have retired, according to this theory.[ 69 ] [ 70 ] [ 71 ] "Living nature is much less active, much less strong.":' that nature is less active, less energetic on one side of the globe than she is on the other. As if both sides were not warmed by the same genial sun; as if a soil of the same chemical composition, was less capable of elaboration into animal nutriment; as if the fruits and grains from that soil and sun, yielded a less rich chyle, gave less extension to the solids and fluids of the body, or produced sooner in the cartilages, membranes, and fibres, that rigidity which restrains all further extension, and terminates animal growth. The truth is, that a Pigmy [ 72 ]
The opinion advanced by the Count de Buffon, is 1. That the animals common both to the old and new world, are smaller in the latter. 2. That those peculiar to the new, are on a smaller scale. 3. That those which have been domesticated in both, have degenerated in America: and 4. That on the whole it exhibits fewer species. And the reason he thinks is, that the heats of America are less; that more waters are spread over its surface by nature, and fewer of these drained off by the hand of man. In other words, that heat is friendly, and moisture [ 73 ][ 74 ] "In general it appears that countries that are a little cold are better suited for our cattle than the warm countries, and they have all the more size and weight where the climate is more humid and more abounding in pasturage. The cattle of Denmark, of Podalia, of the Ukraine and of Tartary where the Kalmyks live are the largest of all." Here then a race of animals, and one of the largest too, has been increased in its dimensions by cold and moisture, in direct opposition to the hypothesis, which supposes that these two circumstances diminish animal bulk, and that it is their contraries heat and dryness which enlarge it. But when we appeal to experience, we are not to rest satisfied with a single fact. Let us therefore try our question on more general ground. Let us take two portions of the earth, Europe and America for instance, sufficiently extensive to give operation to general causes; let us consider the circumstances peculiar to each, and observe their effect on animal nature. America, running through the torrid as well as temperate zone, has more heat, collectively taken, than Europe. But Europe, according to our hypothesis, is the dryest. They are equally adapted then to animal productions; each being endowed with one of those causes which befriend animal growth, and with one which opposes it. If it be thought unequal to compare Europe [ 75 ] [ 76 ]
[ 77 ]
A comparative View of the Quadrupeds
of Europe and of America.
I. Aboriginals of both.
|White bear. Ours blanc|
|Elk. Elan. Original, palmated|
|Red deer. Cerf||288.8||*273|
|Fallow deer. Daim||167.8|
|Glutton. Glouton. Carcajou|
|Wild cat. Chat sauvage||†30|
|Lynx. Loup cervier||25.|
|Red fox. Renard||13.5|
|Grey fox. Isatis|
|Marten. Marte||1.9 oz.||†6|
|Water rat. Rat d'eau||7.5|
|Flying squirrel. Polatouche||2.2||†4|
|Shrew mouse. Musaraigne||1.|
[ 78 ]
II. Aboriginals of one only.
|Sanglier. Wild boar||280.||Tapir||534.|
|Mouflon.Wild sheep||56.||Elk, round horned||†450.|
|Bouquetin. Wild goat||Puma|
|Desman. Muskrat||02.||Cougar of N. America||75.|
|Ecureil. Squirrel||12.||Cougar of S. America||59.4|
|Souris. Mouse||.6||Sloth. Unau||27¼|
[ 79 ]
II. TABLE continued.
|Mouffette Conepate. Scunk|
|Whabus. Hare. Rabbit|
|Great grey squirrel||†2.7|
|Fox squirrel of Virginia||†2.625|
|Indian pig. Cochon d'Inde||1.6|
|Lesser grey squirrel||†1.5|
[ 80 ]
II. TABLE continued.
|Sarigue of Cayenne|
III Domesticated in both.
[ 81 ]
I have not inserted in the first table the * Phoca nor leather-winged bat, because the one living half the year in the water, and the other being a winged animal, the individuals of each species may visit both continents.
Of the animals in the 1st table Monf. de Buffon himself informs us, [XXVII. 130. XXX. 213. ] that the beaver, the otter, and shrew mouse, though of the same species, are larger in America than Europe. This should therefore have corrected the gerality of his expressions XVIII. 145. and elsewhere, that the animals common to the two countries, are considerably less in America than in Europe, ' cela fans aucune exception.' French: "and that without any exception." He tells us too, [Quadrup. VIII. 334. edit. Paris, 1777] that on examining a bear from America, he remarked no difference, 'dans la forme de cet ours d'Amerique comparé a celui d'Europe.' But adds from Bartram's William Bartram (1739-1823), American naturalist and author of Travels through North and South Carolina, Georgia, East and West Florida, etc. (1791) journal, that an American bear weighed 400 lb. English, equal [ 82 ]Pehr Kalm, Swedish-Finnish naturalist and author of En Resa til Norra America (1753-61), translated (under the name Peter Kalm) into English as Travels into North America (1770-71). Jefferson owned a copy of this book., a Naturalist who visited the former by public appointment for the express purpose of examining the subjects of Natural history. In this fact Pennant Thomas Pennant (1626-1798) Welsh naturalist, author of History of Quadrupeds (1793), which Jefferson would own, and other works. concurs with him. [Barrington's Miscellanies Daines Barrington (1727-1800) was an English lawyer and naturalist. His Miscellanies on Various Subjects (1781), to which Jefferson refers to here, and which he owned, collected various essays that Barrington had written for the Royal Society..] The same Kalm tells us that the Black Moose, or Renne of America, is as high as a tall horse; and Catesby Mark Catesby (1682-1749), English naturalist, whose beautifully illustrated two volume Natural History of Carolina, Florida, and the Bahama Islands (1731-43) was in Jefferson's collection., that it is about the bigness of a middle sized ox. The same account of their size has been given me by many who have seen them. But Mons. D'Aubenton says that the Renne of Europe is but about the size of a Red-deer. The wesel is larger in America than in Europe, as may be seen by comparing its dimensions as reported by Mons. D'Aubenton I. 35g. and Kalm. The latter tells us, that the lynx badger, red fox, and flying squirrel, are the same in America as in Europe: by which expression I understand, they are the same in all material circumstances, in size as well as others: for if they were smaller, they would differ from the European. Our grey fox is, by Catesby's account, little different in size and shape from the European fox. I presume he means the red fox of Europe, [ 83 ] I. 220. 'they do not quite come up to our foxes.' For proceeding next to the red fox of America, he says 'they are entirely the same with the European sort.' Which shews he had in view one European sort only, which was the red. So that the result of their testimony is, that the American grey fox is somewhat less than the European red; which is equally true of the grey fox of Europe, as may be seen by comparing the measures of the Count de Buffon and Mons. D'Aubenton. XXVII.
119. Harris, II. 387.
Quad. IX. 1. The white 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 those found in the old world. It may be asked, why I insert the Mammoth, as if it still existed? I ask in return, why I should omit it, as if it did not exist? Such is the oeconomy of nature, that no instance can be produced of her having permitted any one race of her animals to become extinct; of her having formed any link in her great work so weak as to be broken. To add to this, the traditionary testimony of the Indians, that this animal still exists in the northern and western parts of America, would be adding the light of a taper to that of the meridian sun. Those parts still remain in their aboriginal state, unexplored and [ 84 ] Wolverine., wild cat, monax Ground-hog., vison, hedge-hog, martin, and water rat, of the comparative sizes of which we have not sufficient testimony. It does not appear that Messrs. de Buffon and D'Aubenton have measured, weighed, or seen those of America. It is said of some of them, by some travellers, that they are smaller than the European. But who were these travellers? Have they not been men of a very different description from those who have laid open to us the other three quarters of the world? Was natural history the object of their travels? Did they measure or weigh the animals they speak of? or did they not judge of them by sight, or perhaps even from report only? Were they are acquainted with the animals of their own country, with which they undertake to [ 85 ] Quad. IX.
158.'J'aime autant une personne qui me releve d'une erreur, qu'une autre qui m'apprend une verite, parce qu'en effet une erreur corrigée est une verité.' "I love as much a person who corrects me of a error, as another one who convinces me of a truth, because in effect an error corrected is a truth." He seems to have thought the Cabiai he first examined wanted little of its full growth. XXV. 184. 'II n'etoit pas encore tout-a-fait adulte.' "It was not yet fully an adult." Yet he weighed but 46½ lb. Quad. IX. 132. and he found afterwards, that these animals, when full grown, weigh 100 lb. XIX. 2. He had supposed, from the examination of a jaguar, said to be two years old, which weighed but 16 lb. 12 oz. that, when he should have acquired his full growth, he would not be larger than a middle sized dog. [ 86 ] Quad. IX. 41. But a subsequent account raises his weight to 200 lb. Further information will, doubtless, produce further corrections. The wonder is, not that there is yet something in this great work to correct, but that there is so little. The result of this view then is, that of 26 quadrupeds common to both countries, 7 are said to be larger in America, 7 of equal size, and 12, not sufficiently examined. So that the first table impeaches the first member of the assertion, that of the animals common to both countries, the American are smallest, 'et cela sans aucune exception.' It shews it not just, in all the latitude in which its author has advanced it, and probably not to such a degree as to found a distinction between the two countries.
Proceeding to the second table, which arranges the animals found in one of the two countries only, Mons. de Buffon observes, that the tapir, the elephant of America, is but of the size of a small cow. To preserve our comparison, I will add that the wild boar, the elephant of Europe, is little more than half that size. I have made an elk with round or cylindrical horns, an animal of America, and peculiar to it because I have seen many of them myself, and more of their horns; and because I can say, from the best information, that, in Virgina, this kind of elk has abounded much, and still [ 87 ][ 88 ] Kalm II.
340. I. 82. Kalm is of the same opinion. I have enumerated the squirrels [ 89 ] * first of these 74 weighs more than the whole column of Europeans; and consequently this second table disproves the second member of the assertion, that the [ 90 ]
The IIId. table comprehends those quadrupeds only which are domestic in both countries. That some of these, in some parts of America, have become less than their original stock, is doubtless true; and the reason is very obvious. In a thinly peopled country, the spontaneous productions of the forests and waste fields are sufficient to support indifferently the domestic animals of the farmer, with a very little aid from him in the severest and scarcest season. He therefore finds it more convenient to receive them from the hand of nature in that indifferent state, than to keep up their size by a care and nourishment which would cost him much labour. If, on this low fare, these animals dwindle, it is no more than they do in those parts of Europe where the poverty of the soil, or poverty of the owner, reduces them to the same scanty subsistance. It is the uniform effect of one and the same cause, whether acting on this or that side of the globe. It would be erring therefore against that rule of philosophy, which teaches us to ascribe [ 91 ]VII. 432. Thus Monsieur D'Aubenton considers a horse of 4 feet 5 inches high and 400 lb. weight French, equal to 4 feet 8.6 inches and 436 lb. English, as a middle sized horse. Such a one is deemed a small horse in America. The extremes must therefore be resorted to. The same anatomist dissected a horse of 5 feet 9 inches height VII. 474. French measure, equal to 6 feet 1.7 English. This is near 6 inches higher than any horse [ 92 ] * hog weigh 1050 1b. 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 steel-yards, graduated to 1200 lb. but he weighed more. Yet this hog was probably not within fifty generations of the European stock. I am well informed of another which weighed 1100 lb. gross. Asses have been still more neglected than any other domestic animal in America. They are neither fed nor housed in the most rigorous season of the year. VIII. 48. 55. 66. Yet they are larger than those measured by Mons. D'Aubenton, of 3 feet 7¼ inches, 3 feet 4 inches, and 3 feet 2½ inches, the latter weighing only 215.81b. These sizes, I suppose, have been produced by the same negligence in Europe, which has produced a like diminution here. Where care has been taken of them on that side of the [ 93 ] XVIII. 96. Mons. de Buffon has been sensible of a difference in this circumstance in favour of America. But what are their greatest weights I cannot say. A large sheep here weighs 100 lb. IX. 41. I observe Mons. D'Aubenton calls a ram of 62 lb. one of the middle size. But to say what are the extremes of growth in these and the other domestic animals of America, would require information of which no one individual is possessed. The weights actually known and stated in the third table preceding will suffice to shew, that we may conclude, on probable grounds, that, with equal food and care, the climate of America will preserve the races of domestic animals as large as the European stock from which they are derived; and consequently that the third member of Mons. de Buffon's assertion, that the domestic animals are subject to degeneration from the climate of America, is as probably wrong as the first and second were certainly so.
[ 94 ]
That the last part of it is erroneous, which affirms that the species of American quadrupeds are comparatively few, is evident from the tables taken all together. By these it appears that there are an hundred species aboriginal of America. XXX. 219. Mons. de Buffon supposes about double that number existing on the whole earth. Of these Europe, Asia, and Africa, furnish suppose 126; that is, the 26 common to Europe and America, and about 100 which are not in America at all. The American species then are to those of the rest of the earth, as 106 to 126, or 4 to 5. But the residue of the earth being double the extent of America, the exact proportion would have been but as 4 to 8.
Hitherto I have considered this hypothesis as applied to brute animals only, and not in its extension to the man of America, whether aboriginal or transplanted. It is the opinion of Mons. de Buffon that the former furnishes no exception to it. XVIII.146 'Quoique le sauvage du nouveau monde soit à-peu-près de même stature que l'homme de notre monde, cela ne suffit pas pour qu'il puisse faire une exception au fait général du rapetissement de la nature vivante dans tout ce continent: le sauvage est foible petit par les organes de la génération; il n'a ni poil, ni barbe, nulle ardeur pour sa femelle; quoique plus [ 95 ][ 96 ] "Although the savage of the New World is more or less the same height as the man of our world, that is not enough for him to be an exception to the general fact of the diminishment of living nature in the entirety of that continent. The savage is weak and small in the organs of generation; he has neither hair nor beard nor ardor for his female; although he is faster than the European because he is more accustomed to running, he is nonetheless less strong of body; he is also less sensitive and as a result more fearful and more cowardly; he has less vivacity, less activity of his spirit; that of his body is less an exercise, a voluntary movement than a necessary action caused by need; take from him his hunger and his thirst and you will destroy at the same time the active principle of all his movements; he will stupidly rest on his legs or lie down for whole days. There is no need to search very far for the cause of the dispersed life of the savages or their estrangement from society: that most precious spark of nature has been refused them; they lack ardor for their females, and as a result for their fellows: they know nothing of the most powerful attachment, the most tender of all, the other emotions of that kind have become cold and languishing; they only love their parents and their children; the most intimate society of all, that of their own family, has only the most feeble ties; the society of one family to another has no tie at all: their is no reunion, no republic, no social state. Among them, physical love is their morality; their heart is icy, their society cold, and their empire harsh. They only regard their wives as they do servants or beasts whom they load, without thought, from their hunt, and whom they force without mercy, without gratitude, to work that is often beyond their strength: they have but a few children; they take little care of them; they feel the full pain of their first flaw; they are indifferent because they have little sexual power, and their indifference for the female sex is the original stain that condemns their nature, which impedes their development, and which, destroying the seeds of life, strikes at the same time at the roots of society. Man is no exception here. Refusing the power of love, nature has treated him more badly and belittled him more than any of the animals." An afflicting picture indeed, which, for the honor of human nature, I am glad to believe has no original. Of the Indian of South America I know nothing; for I would not honor with the appellation of knowledge, what I derive from the fables published of them. These I believe to be just as true as the fables of Aesop. This belief is founded on what I have seen of man, white, red, and black, and what has been written of him by authors, enlightened themselves, and writing amidst an enlightened people. The Indian of North America being more within our reach, I can speak of him somewhat from [ 97 ] * honor force more than finesse: that he will defend himself against an host of enemies, always chusing to be killed, rather than to † surrender, though it
'I appeal to any white man to say, if ever he entered Logan's cabin hungry, and he gave him not meat; if ever he came cold and naked, and he clothed him not. During the course of the last long and bloody war, Logan remained idle in his cabin, an advocate for peace. Such was my love for the whites, that my countrymen pointed as they passed, and said, 'Logan is the friend of white men.' I had even thought to have lived with you, but for the injuries of one [ 106 ]
Before we condemn the Indians of this continent as wanting genius, we must consider that letters have not yet been introduced among them. Were we to compare them in their present state with the Europeans North of the Alps, when the Roman arms and arts first crossed those mountains, the comparison would be unequal, because, at that time, those parts of Europe were swarming with numbers; because numbers produce emulation, and multiply the chances of improvement, and one improvement begets another. Yet I may safely ask, How many good poets, how many able mathematicians, how many great inventors in arts or sciences, had Europe North of the Alps then produced? And it was sixteen centuries after this before [ 107 ]
So far the Count de Buffon has carried this new theory of the tendency of nature to belittle her productions on this side the Atlantic. Its application to the race of whites, transplanted from Europe, remained for the Abbé Raynal. 'On doit etre etonné (he [ 108 ]Abbe Raynal (1713-1796), author of Histoire Philosophique et Politique des Etablissements et du Commerce des Europeens dans les deus Indes, (1770), from which Jefferson draws this quotation: "One has to be astonished that America has not yet produced a good poet, a talented mathematician, a man of genius in any art, or any science." 7. Hist. Philos. p. 92. ed. Mæstricht. 1774. 'America has not yet produced one good poet.' When we shall have existed as a people as long as the Greeks did before they produced a Homer, the Romans a Virgil, the French a Racine and Voltaire, the English a Shakespeare and Milton, should this reproach be still true, we will enquire from what unfriendly causes it has proceeded, that the other countries of Europe and quarters of the earth shall not have inscribed any name in the roll of poets *. But neither has America produced 'one able mathematician, one man of genius in a single art or a single science.' In war we have produced a Washington, whose memory will be adored while liberty shall have votaries, whose name will triumph over time, and will in future ages assume its just station among the most celebrated worthies of the world, [ 109 ] David Rittenhouse (1732-1796), American astronomer, and one of the period's most famous American men of science. The "mechanical genius" to which Jefferson refers derives from Rittenhouse's construction of an "Orrery" (so called after the Earl of Orrery, the patron of the Englishman George Graham, who had built one as early as 1704), a mechanical model of the planets in orbit around the sun. Rittenhouse's models were more sophisticated than the original. In the footnote to this page, Jefferson chafes at using the name "Orrery" to describe Rittenhouse's American-built instrument, as he complains about the general use of the name "Hadley's quadrant" to describe the navigational instrument built by the American Thomas Godfrey at about the same time as that constructed by the Englishman John Hadley. second to no astronomer living: that in genius he must be the first, because he is self-taught. As an artist he has exhibited as great a proof of mechanical genius as the world has ever produced. He has not indeed made a world; but he has by imitation approached nearer its Maker than any man who has lived from the creation to this day* As in philosophy and war, so in government, in oratory, in painting, in the plastic art, we might shew that America, though but a child of yesterday, has already given hopeful proofs of genius, as well of the nobler kinds, which arouse the best feelings of man, which call him into action, which substantiate his freedom, and conduct him to happiness, as of [ 110 ] [ 111 ] *.
[ 112 ]
Having given a sketch of our minerals, vegetables, and quadrupeds, and being led by a proud theory to make a comparison of the latter with those of Europe, and to extend it to the Man of America, both aboriginal and emigrant, I will proceed to the remaining articles comprehended under the present query.
Between ninety and an hundred of our birds have been described by Catesby. His drawings are better as to form and attitude, than colouring, which is generally too high. They are the following.
[ 113 ]
BIRDS OF VIRGINIA
|Linnæan Designation.||Catesby's Designation.||Popular Names.||Buffon oiseaux.|
|Lanius tyrannus||Muscicapa coronȃ rubrȃ||1.55||Tyrant. Field marten||8.398|
|Vultur aura||Buteo specie Gallo-pavonis||1.6||Turkey buzzard||1.246|
|Falco leucocephalus||Aquila capite albo||1.1||Bald Eagle||1.138|
|Falco sparverius||Accipiter minor||1.5||Little hawk. Sparrow hawk|
|Falco columbarius||Accipiter palumbarius||1.3||Pigeon hawk||1.338|
|Falco furcatus||Accipiter caudȃ furcatȃ||1.4||Forked tail hawk||1.286.312|
|Accipiter piscatorius||1.2||Fishing hawk||1.199|
|Strix asio||Noctua aurita minor||1.7||Little owl||1.141|
|Psitticus Caroliniensis||Psitticus Caroliniensis||1.11||Parrot of Carolina. Perroquet||11.383|
|Corvus cristatus||Pica glandaria, cærulea, cristata||1.15||Blue jay||5.164|
|Oriolus Baltimore||Icterus ex aureo nigroque varius||1.48||Baltimore bird||5.318|
|Oriolus spurius||Icterus minor||1.49||Bastard Baltimore||5.321|
|Gracula quiscula||Monendula purpurea||1.12||Purple jackdaw. Crow blackbird||5.134|
|Cuculus Americanus||Cuculus Caroliniensis||1.9||Carolina cuckow||12.62|
|Picus principalis||Picus maximus rostro albo||1.16||White bill woodpecker||13.69|
|Picus pileatus||Picus niger maximus, capite rubro||1.17||Larger red-crested woodpecker||13.72|
|Picus erythrocephalus||Picus capite toto rubro||1.20||Red-headed woodpecker||13.83|
|Picus auratus||Picus major alis aureis||1.18||Gold winged woodpecker. Yucker||13.59|
|Picus Carolinus||Picus ventre rubro||1.19||Red bellied woodpecker||13.105|
|Picus pubescens||Picus varius minimus||1.21||Smallest spotted woodpecker||13.113|
|Picus villosus||Picus medius quasi-villosus||1.19||Hairy woodpecker. Speck. woodpec.||13.111|
|Picus varius||Picus varius minor ventre luteo||1.21||Yellow bellied woodpecker||13.115|
|Sitta Europæa||Sitta capite nigro||1.22||Nuthatch||10.213|
|Sitta capite fusco||1.22||Small Nuthatch||10.214|
|Certhia pinus||Parus Americanus lutescens||1.61||Pinecreeper||9.433|
|Trochilus colubris||Mellivora avis Caroliniensis||1.65||Humming bird||11.16|
|Anas Canadensis||Anser Canadensis||1.92||Wild goose||17.122|
|Anas bucephala||Anas minor purpureo capite||1.95||Buffel's-head duck||17.356|
|Anas rustica||Anas minor ex albo fusco vario||1.98||Little brown duck||17.413|
|Anas discors||Querquedula Americana variegata||1.100||White face teal||17.403|
|Anas discors.||Querquedula Americana fusca||1.99||Blue wing teal||17.405|
|Anas sponsa||Anas Americanus cristatus elegans||1.97||Summer duck||17.351|
|Anas Americanus lato rostro||1.96||Blue wing shoveler||17.275|
|Mergus cucullatus||Anas cristatus||1.94||Round crested duck||15.437|
|Colymbus podiceps||Prodicipes minor rostro vario||1.91||Pied bill dopchick||15.383|
|Ardea Herodias||Ardea cristata maxima Americana||3.10||Largest crested heron||14.113|
|Ardea violacea||Ardea stellaris cristata Americana||1.79||Crested bittern||14.134|
|Ardea cærulea||Ardea cærulea||1.76||Blue heron. Crane||14.131|
|Ardea virescens||Ardea stellaris minima||1.80||Small bittern||14.142|
|Ardea æquinoctialis||Ardea alba minor Caroliniensis||1.77||Little white heron||14.136|
|Ardea stellaris Americana||1.78||Brown bittern. Indian hen||14.175|
|Tantalus loculator||Pelicanus Americanus||1.81||Wood pelican||13.403|
|Tantalus alber||Numenius albus||1.82||White curlew||15.62|
|Tantalus fuscus||Numenius fuscus||1.83||Brown curlew||15.64|
|Charadrius vociferus||Pluvialis vociferus||1.71||Chattering plover. Kildee||15.151|
|Hæmatopus ostralegus||Hæmatopus||1.85||Oyster catcher||15.185|
|Rallus Virginianus||Gallinula Americana||1.70||Soree. Ral-bird||15.256|
|Meleagris Gallopavo||Gallopavo Sylvestris||xliv.||Wild turkey||3.187.229|
|Tetrao Virginianus||Perdix Sylvestris Virginiana||3.12||American partridge. American quail||4.237|
|Urogallus minor, or a ki. of Lagopus||3.1||Pheasant. Mountain partridge||3.409|
|Columba passerina||Turtur minimus guttatus||1.26||Ground dove||4.404|
|Columba migratoria||Palumbus migratorius||1.23||Pigeon of passage. Wild pigeon||4.351|
|Columba Caroliniensis||Turtur Caroliniensis||1.24||Turtle. Turtle dove||4.401|
|Alauda alpestris||Alauda gutture flavo||1.32||Lark. Sky lark||9.79|
|Alauda magna||Alauda magna||1.33||Field lark. Large lark||6.59|
|Sturnus niger alis superné rubentibus||1.13||Red wing. starling. Marsh blackbird||5.293|
|Turdus migratorius||Turdus pilaris migratorius||1.29||Fieldfare of Carolina. Robin redbreast||5.426|
|Turdus rufus||Turdus ruffus||1.28||Fox coloured thrush. Thrush||5.449|
|Turdus polyglottos||Turdus minor cinereo albus non maculatus||1.27||Mocking bird||5.451|
|Turdus minimus||1.31||Little thrush||5.400|
|Ampelis garrulus.||Garrulus Caroliniensis||1.46||Chatterer||6.162|
|Loxia Cardinalis||Coccothraustes rubra||1.38||Red bird. Virginia nightingale||6.185|
|Loxia Cærulea||Coccothraustes cærulea||1.39||Blue grass beak||8.125|
|Emberiza hyemalis||Passer nivalis||1.36||Snow bird||8.47|
|Emberiza Oryzivora||Hortulanus Caroliniensis||1.14||Rice bird||8.49|
|Emberiza Ciris||Fringilla tricolor||1.44||Painted finch||7.247|
|Tanagra cyanea||Linaria cærulea||1.45||Blue linnet||7.122|
|Passer fuscus||1.34||Cowpen bird||7.196|
|Fringilla erythrophthalma||Passer niger oculis rubris||1.34||Towhe bird||7.201|
|Fringilla tristis||Carduelis Americanus||1.43||American goldfinch. Lettuce bird||7.297|
|Fringilla purpurea||1.41||Purple finch||8.129|
|Muscicapa crinita||Muscicapa cristata ventre luteo||1.52||Crested flycatcher||8.379|
|Muscicapa rubra||Muscicapa rubra||1.56||Summer red bird||8.410|
|Muscicapa ruticilla||Ruticilla Americana||1.67||Red start||9.259|
|Muscicapa Caroliniensis||Muscicapa vertice nigro||1.66||Cat bird||8.372|
|Muscicapa nigrescens||1.53||Black cap flycatcher||8.341|
|Muscicapa fusca||1.54||Little brown flycatcher||8.344|
|Muscicapa oculis rubris||1.54||Red eyed flycatcher||8.337|
|Motacilla Sialis||Rubicula Americana cærulea||1.47||Blue bird||9.308|
|Motacilla regulus||Regulus cristatus||3.13||Wren||10.58|
|Motacilla trochilus.||Oenanthe Americana pectore luteo||1.50||Yellow breasted chat||6.96|
|Parus bicolor||Parus cristatus||1.57||Crested titmouse||10.181|
|Parus Americanus||Parus fringillaris||1.64||Finch creeper||9.442|
|Parus Virginianus||Parus uropygeo luteo||1.58||Yellow rump||10.184|
|Parus cucullo nigro||1.60||Hooded titmouse||10.183|
|Parus Americanus gutture luteo||1.62||Yellow throated creeper|
|Parus Caroliniensis||1.63||Yellow titmouse||9.431|
|Hirundo Pelasgia||Hirundo cauda aculeata Americana||3.8||American swallow||12.478|
|Hirundo purpurea||Hirundo purpurea||1.51||Purple marten. House marten||12.445|
|Caprimulgus Europæus||Caprimulgus||1.8||Goatsucker. Great bat||12.243|
|Caprimulgus Europæus||Caprimulgus minor Americanus||3.16||Whip-poor will||12.246|
Besides these, we have
|The Royston crow. Corvus cornix.||The Cormorant.|
|Crane. Ardea Canadensis.||Duck and Mallard.|
|House swallow. Hirundo rustica.||Widgeon.|
|Ground swallow. Hirundo riparia.||Sheldrach, or Canvas back.|
|Greatest grey eagle.||Black head.|
|Smaller turkey buzzard, with a feathered head.||Ballcoot.|
|Greatest owl, or nighthawk.||Sprigtail.|
|Wethawk, which feeds flying.||Didapper, or Dopchick.|
|Raven.||Spoon billed duck.|
|Water pelican of the Missisipi, whose pouch holds a peck.||Water-witch.|
|Red bird, with black head, wings and tail.|
And doubtless many others which have not yet been described and classed.
To this catalogue of our indigenous animals, I will add a short account of an anomaly of nature, taking place sometimes in the race of negroes brought from Africa, who, though black themselves, have in rare instances, white children, called Albinos. I have known four of these myself, and have faithful accounts of three others. The circumstances in which all the individuals agree are these. They are of a pallid cadaverous white, untinged with red, without any coloured spots or seams; their hair of the same kind of white, short, coarse, and curled as is[ Tip-in 16, Page 2 ]
the Bald-coot, or Coot is the Fulica of Linnaeus, the Foulque of the Encyclop. Meth. differing from the description of the latter only in the colour of it's feet legs, which are olive green, without any circle of red, that of the bill a faint carnation, brown at the point, the membrane on the forehead of a very dark purple. It is distinguished from the Gallinula chloropis, Poule d'eau, Water-hen, Hydro-gallina, chiefly by the festooned web bordering the toes.
[ 119 ][ 120 ]
Of our fish and insects there has been nothing like a full description or collection. More of them are described in Catesby than in any other work. Many also are to be found in Sir Hans Sloane's Jamaica, Hans Sloane's (1660-1753) A Natural History of Jamaica (1707-25). as being common to that and this country. The [ 121 ]Actually Georg Marcgraf (1610-1644), whose Historia Naturalis Brasiliae was in Jefferson's library. indeed mentions a species of honey-bee in Brasil. But this has no sting, and is therefore different from the one we have, which resembles perfectly that of Europe. The Indians concur with us in the tradition that it was brought from Europe; but when, and by whom, we know not. The bees have generally extended themselves into the country, a little in advance of the white settlers. The Indians therefore call them the white man's fly, and consider their approach as indicating the approach of the settlements of the whites. A question here occurs, How far northwardly have these insects been found? That they are unknown in Lapland, I infer from Scheffer's information, that the Laplanders eat the pine bark, prepared in a certain way, instead of those things sweetened with sugar. 'Hoc comedunt pro rebus saccharo conditis.' Scheff. Lapp. c. 18. That is, Johan Scheffer's book Lapponia (1673), which Jefferson owned. The Latin sentence translates as "They eat this in the place of things made of sugar." Certainly, if they had honey, it would be a better substitute for sugar than any preparation of the pine bark. I. 126. Kalm tells us the honey bee cannot live through the winter in Canada. They furnish then an additional proof of the remarkable fact first observed by the Count de Buffon, and which has thrown such a blaze of light on the field of natural history, that no animals are found in both continents, but [ 122 ]
Query VII.[ 122 ]
A NOTICE of all what can increase the progress of human knowledge?
Under the latitude of this query, I will presume it not improper nor unacceptable to furnish some data for estimating the climate of Virginia. Journals of observations on the quantity of rain, and degree of heat, being lengthy, confused, and too minute to produce general and distinct ideas, I have taken five years observations, to wit, from 1772 to 1777, made in Williamsburgh and its neighbourhood, have reduced them to an average for every month in the year, and stated those averages in the following table, adding an analytical view of the winds during the same period.
[ Tip-in 17, Page 1 ]
Memorandum of observations made by Genl Dearborn
In the month of August 1801 I carefully examined the temperature of my well water in the district of maine, and found it at 52 degrees of Fahrenheit's thermometer–
the depth of the well is 28 feet; the depth of the water at this time was 4 feet; the latitude of the place is 44 22 N. Long. about 69 40 W.
In Sept. 1802, I examined with the same instrument, and with equal care, the temperature of the well water where I live on the Capitol hill, and found it at 59° of Fahrenheit. This well is upwards of 40 feet in depth, and had at the time about 7 or 8 feet of water.
My well in Maine is an open draw well without a pump. the well on the Capitol hill has a pump is close covered.
The temperature of the water of Kennebeck river, the latter part of August, was 72½ by Fahrenheit.
[ Tip-in 18, Page 1 ]
|1789||Oct. 1.||ice||.snow birds.||spoiled tobacco on the scaffold|
|`1792||Sept. 21||none||. none .||tobacco destroyed totally, out of Greenbelt|
|`1808||Sept. 27 -||none||none||Tob. except in Green belt, untouched.|
|1816||Oct. 7.||thin ice||. snow birds.||late corn spoiled; all safe in G. belt|
|`1823.||Sept. 29 -||none||.none .||Green belt unaffected: pumpkin vine frozen.|
[ 123 ]
|Fall of rain, c. in inches.||Least greatest daily heat by Farenheit's thermometer.||WINDS|
|N.||N. E.||E.||S. E.||S.||S. W.||W.||N. W.||Total|
|Jan.||3.192||38½ to 44||73||47||32||10||11||78||40||46||337|
|Total.||47.038||8 A.M. 4 P.M.||611||548||521||223||109||926||351||409||3698|
[ 124 ]
The rains of every month, (as of January for instance) through the whole period of years, were added separately, and an average drawn from them. The coolest and warmest point of the same day in each year of the period were added separately, and an average of the greatest cold and greatest heat of that day, was formed. From the averages of every day in the month, a general average for the whole month was formed. The point from which the wind blew was observed two or three times in every day. These observations, in the month of January for instance, through the whole period amounted to 337. At 73 of these, the wind was from the North; at 47, from the Northeast, c. So that it will be easy to see in what proportion each wind usually prevails in each month: or, taking the whole year, the total of observations through the whole period having been 3698, it will be observed that 611 of them were from the North, 558 from the North-east, c.
Though by this table it appears we have on an average 47 inches of rain annually, which is considerably more than usually falls in Europe, yet from the information I have collected, I suppose we have a much greater proportion of sunshine here than there. Perhaps it will be found there are twice as [ 125 ]
In an extensive country, it will of course be expected that the climate is not the same in all its parts. It is remarkable that, proceeding on the same parallel of latitude westwardly, the climate becomes colder in like manner as when you proceed northwardly. This continues to be the case till you attain the summit of the Alleghaney, which is the highest land between the ocean and the Missisipi. From thence, descending in the same latitude to the Missisipi, the change reverses; and, if we may believe travellers, it becomes warmer there than it is in the same latitude on the sea side. Their testimony is strengthened by the vegetables and animals which subsist and multiply there naturally, and do not on our sea coast. Thus Catalpas grow spontaneously on the Missisipi, as far as the latitude of 37°. and reeds as far as 38°. Perroquets even winter on the Sioto, in the 39th degree of latitude. In the summer of 1779, when the thermometer was at 90°. at Monticello, and 96 at Williamsburgh, it was 110°. at Kaskaskia. Perhaps the mountain, which overhangs this village on the [ 126 ][ 127 ]
But a more remarkable difference is in the winds which prevail in the different parts of the country. The following table exhibits a comparative view of the winds prevailing at Williamsburgh, and at Monticello. It is formed by reducing nine months observations at Monticello to four principal points, to wit, the North-east, South-east, South-west, and North-west; these points being perpendicular to, or parallel with our coast, mountains and rivers: and by reducing, in like manner, an equal number of observations, to wit, 421. from the preceding table of winds at Williamsburgh, taking them proportionably from every point.
By this it may be seen that the South-west wind prevails equally at both places; that [ 128 ]
Going out into the open air, in the temperate, and in the warm months of the year, we often meet with bodies of warm air, which, passing by us in two or three seconds, do not afford time to the most sensible thermometer to seize their temperature. Judging from my feelings only, I think they approach the ordinary heat of the human body. [ 129 ]
The variation in the weight of our atmosphere, as indicated by the barometer, is not equal to two inches of mercury. During twelve months observation at Williamsburgh, the extremes were 29, and 30.86 inches, the [ 130 ]
Our changes from heat to cold, and cold to heat, are very sudden and great. The mercury in Farenheit's thermometer has been known to descend from 92°. to 47°. in thirteen hours.
It is taken for granted, that the preceding table of averaged heat will not give a false idea on this subject, as it proposes to state only the ordinary heat and cold of each month, and not those which are extraordinary. At Williamsburgh in August 1766, the mercury in Farenheit's thermometer was at 98°. corresponding with 29⅓ of Reaumur. René Antoine Ferchault de Reaumur (1683-1757), French naturalist who invented a thermometer with a scale in which 0° was the freezing point and 80° the boiling point of water. At the same place in January 1780, it was at 6°. corresponding with 11½ below 0. of Reaumur. I believe * these may be [ 131 ][ 132 ]
The access of frost in autumn, and its recess in the spring, do not seem to depend merely on the degree of cold; much less on the air's being at the freezing point. White frosts are frequent when the thermometer is at 47°. have killed young plants of Indian corn at 48°. and have been known at 54°. Black frost, and even ice, have been produced at 38½°, which is 6½ degrees above the freezing point. That other circumstances must be combined with the cold to produce frost, is evident from this also, that on the higher parts of mountains, where it is absolutely colder than in the plains on which they stand, frosts do not appear so early by a considerable space of time in autumn, and go off sooner in the spring, than in the plains. I have known frosts so severe as to kill the hiccory trees round about Monticello, and yet not injure the tender fruit blossoms then in bloom on the top and higher parts of the mountain; and in the [ Tip-in 19, Page 1 ]
Notes on Virginia. Qu. VII. pa. 132 l.5. subjoin this note.
* The following observations on heat and cold, as they affect the animal body, may not be unacceptable to those who have not paid particular attention to the subject.
The living body (not like the dead one, which assumes the temperature of the surrounding atmosphere) maintains within itself a steady heat of about 96°. of Fareheit's thermometer, varying little with the ordinary variations of the atmosphere. this heat is principally supplied by respiration. the vital air, or oxygen of the atmospheric fluid inhaled, is separated by the lungs from the azotic carbonic parts, and is absorbed by them; the caloric is disengaged, diffused thro' the mass of the body, and absorbed from the skin by the external air coming into contact with it. if the external air is of a high temperature, it does not take up the superfluous heat of the body fast enough, and we complain of too much heat: if it is very cold, it absorbs the heat too fast, produces the sensation of cold. to remedy this, we interpose a covering, which acting as a strainer, lets less air come into contact with the body, and checks the escape of the vital heat. as the atmospheric air becomes colder, more or thicker coverings are used, till no more than the requisite portion of heat is conducted from the body. as it would be inconvenient in the day to be burthened with a mass of clothing entirely equivalent to great degrees of cold, we have resort to fires and warm rooms to correct the state of the atmosphere, as a supplement to our clothing. if we have not the opportunity, and the cold is excessive, the thinner parts, as the ear, the nose, the fingers and toes lose heat till they freeze, and, if the cold be sufficient, the whole body is reduced in heat, till death ensues: as sailors experience who escape from shipwreck, in winter storms, on desert shores, where no fire can be found.[ Tip-in 19, Page 2 ]
Of the substances we use for covering, linen seems the openest strainer for admission of air to the body, and the most copious conductor of heat from it; and is therefore considered as a cool clothing. cotton obstructs still more the passage of both fluids; and wool more than cotton: it is called therefore a worse conductor of heat, and warmer clothing. next to this are the furs, and the most impermeable of all for heat and air are feathers and down, and especially the down of the Eider duck. (Anas mollissima.) hence the insensibility to cold of the beasts with shaggy hair, or fine fur, and of the birds in proportion as they are provided with down and soft feathers, as the swan, goose, and duck.
Among the substances which, as being bad conductors of heat, foment and warm the animal body, are the leaves of the Espeletia Frailexon, a plant newly discovered by the great naturalist and traveller Baron Humboldt, on the mountains of S. America, at the height of 2450. toises above the sea. these leaves being furnished abundantly with a soft down, restore immediately to their due warmth the hands, feet, or other members benumbed with cold; and collected as a bed, protect from death the Indian benighted in those regions of extreme cold. the same scientific traveller, by analysis of the air, at different heights on the mountain of Chimborazo which he ascended to the height of 3036 toises (546 toises higher than had ever been done by man before, and within 224 toises of it's top) found that the oxygen being specifically heavier than the azotic part of the atmosphere, it's proportion lessened in that ascent 27. or 28. to 19½ hundredth parts. The same circumstance had been before observed by Saussure, Pini Rebout on the high mountains of Europe, and must be among the principal causes of the degree in which the animal body is affected with cold in situations more or less elevated.[ Tip-in 19, Page 3 ]
In addition to the effect of vital air, as the vehicle of animal heat, we may note that it is also the immediate cause, or primum mobile of life. for, entering by respiration into the air cells of the lungs, divided from those of the blood but by a thin membrane, it infuses thro' that a stimulus into the blood, which, acting on the irritable fibres of the heart, excites mechanically the action and reaction of that muscle. by these the blood is propelled, and received again in a course of constant circulation and vital action communicated and maintained thro' all the system. intercept vital air from the lungs, the action of the heart ceases for want of stimulus, the current of the blood, unaided, yields to the resistance of it's channels, all the vital motions are suspended, body becomes an inanimated lump of matter.
[ 133 ]
The weavil has not yet ascended the high mountains.
A more satisfactory estimate of our climate to some, may perhaps be formed, by noting the plants which grow here, subject however to be killed by our severest colds. These are the fig, pomegranate, artichoke, [ 134 ]
A change in our climate however is taking place very sensibly. Both heats and colds are become much more moderate within the memory even of the middle-aged. Snows are less frequent and less deep. They do not often lie, below the mountains, more than one, two, or three days, and very rarely a week. They are remembered to have been formerly frequent, deep, and of long continuance. The elderly inform me the earth used to be covered with snow about three months in every year. The rivers, which then seldom failed to freeze over in the course of the winter, scarcely ever do so now. This change has produced an unfortunate fluctuation between heat and cold, in the spring of the year, which is very fatal to fruits. From the year 1741 to 1769, an interval of twenty-eight years, there was no instance of fruit [ 135 ]
Having had occasion to mention the particular situation of Monticello for other purposes, I will just take notice that its elevation affords an opportunity of seeing a phænomenon which is rare at land, though frequent at sea. The seamen call it looming. Philosophy is as yet in the rear of the seamen, for so far from having accounted for it, she has not given it a name. Its principal effect is to make distant objects appear larger, in opposition to the general law of vision, by which they are diminished. I knew an instance, at York town, from whence the water prospect eastwardly is without termination, wherein a canoe with three men, at a great distance, was taken for a ship with its three masts. I am little acquainted with the phænomenon as it shews [ 136 ][ 137 ]
THE number of its inhabitants?
The following table shews the number of persons imported for the establishment of our colony in its infant state, and the census of inhabitants at different periods, extracted from our historians and public records, as particularly as I have had opportunities and leisure to examine them. Successive lines in the same year shew successive periods of time in that year. I have stated the census in two different columns, the whole inhabitants having been sometimes numbered, and sometimes the tythes only. This term, with us, includes the free males above 16 years of age, and slaves above that age of both sexes. A further examination of our records would render this history of our population much more satisfactory and perfect, by furnishing a greater number of intermediate terms.
[ 138 ]
|Years||Settlers imported.||Census of Inhabitants.||Census of Tythes.|
|1611||3 ship loads|
Those however which are here stated will enable us to calculate, with a considerable degree of precision, the rate at which we have increased. During the infancy of the colony, while numbers were small, wars, importations, and other accidental circumstances render the progression fluctuating and irregular. By the year 1654, however, it becomes tolerably uniform, importations having in a great measure ceased from the dissolution of the company, and the inhabitants become too numerous to be sensibly affected by Indian wars. [ 139 ]
Here I will beg leave to propose a doubt. The present desire of America is to produce rapid population by as great importations of foreigners as possible. But is this founded in good policy? The advantage proposed is the multiplication of numbers. Now let us suppose (for example only) that, in this state, we could double our numbers in one year by the importation of foreigners; and this is a greater accession than the most sanguine advocate for emigration has a right to expect. Then I say, beginning with a double stock, [ 140 ]
our present stock.
a double stock.
In the first column are stated periods of 27 ¹⁄₄ years; in the second are our numbers, at each period, as they will be if we proceed on our actual stock; and in the third are what they would be, at the same periods, were we to set out from the double of our present stock. I have taken the term of four millions and a half of inhabitants for example's sake only. Yet I am persuaded it is a greater number than the country spoken of, considering how much inarrable land it contains, can clothe and feed, without a material change in the quality of their diet. But are there no inconveniences to be thrown into [ 141 ][ 142 ] [ 143 ]
It will be proper to explain how the numbers for the year 1782 have been obtained; as it was not from a perfect census of the inhabitants. It will at the same time develope the proportion between the free inhabitants and slaves. The following return of taxable articles for that year was given in.
|53,289||free males above 21 years of age.|
|211,698||slaves of all ages and sexes.|
|23,766||not distinguished in the returns, but said to be titheable slaves.|
|5,126||wheels of riding-carriages.|
There were no returns from the 8 counties of Lincoln, Jefferson, Fayette, Monongalia, Yohogania, Ohio, Northampton, and York. To find the number of slaves which should [ 144 ]
[ 145 ]
53,289 free males above 21 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 slaves of all ages.
543,433 inhabitants, exclusive of the 8 counties from which were no returns. In these 8 counties in the years 1779 and 1780 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 free inhabitants in these 8 counties. To find the number of slaves, say, as 284,208 to 259,230, so is 12,644 to 11,532. Adding the third of these numbers to the first, and the fourth to the second, we have,
296,852 free inhabitants.
567,614 inhabitants of every age, sex, and condition. But 296,852, the number of free inhabitants, are to 270,762, the number of slaves, nearly as 11 to 10. Under the mild treatment our slaves experience, and their wholesome, though coarse, food, this blot in our country increases as fast, or faster, than [ 146 ]
THE number and condition of the militia and regular troops, and their pay?
The following is a state of the militia, taken from returns of 1780 and 1781, except in those counties marked with an asterisk, the returns from which are somewhat older.
[ 147 ]
|Westward of the Alleghaney. 4458.||Lincoln||600|
|Between the Alleghaney Blue ridge. 7673.||Hampshire||930|
|Between the Blue ridge and Tide waters. 18,828.||Loudoun||1746|
|ON THE TIDE WATERS AND IN THAT PARALLEL. 19,012.||Between James river and Carolina. 6959.||Greenesville||500|
|Isle of Wight||*600|
|Between James and York rivers. 3009.||Henrico||619|
|Between York and Rappahanoc. 3269.||Caroline||805|
|Between Rappahanoc Patowmac. 4137.||Fairfax||652|
|East. Shor 1638||Accomac||*1208|
|Whole Militia of the State.||49,971|
Every able-bodied freeman, between the ages of 16 and 50, is enrolled in the militia. Those of every county are formed into companies, and these again into one or more battalions, according to the numbers in the county. They are commanded by colonels, [ 148 ][ 149 ]
Before the present invasion of this state by the British under the command of General Phillips, we had three vessels of 16 guns, one of 14, five small gallies, and two or three armed boats. They were generally so badly manned as seldom to be in condition for service. Since the perfect possession of our rivers assumed by the enemy, I believe we are left with a single armed boat only.
A DESCRIPTION of the Indians established in that state?
When the first effectual settlement of our colony was made, which was in 1607, the country from the sea-coast to the mountains, and from Patowmac to the most southern waters of James river, was occupied by upwards of forty different tribes of Indians. Of these the Powhatans, the Mannahoacs, and [ 150 ][ 151 ]
The territories of the Powhatan confederacy, south of the Patowmac, comprehended about 8000 square miles, 30 tribes, and 2400 warriors. Capt. Smith tells us, that within 60 miles of James town were 5000 people, of whom 1500 were warriors. From this we find the proportion of their warriors to their whole inhabitants, was as 3 to 10. The Powhatan confederacy then would consist of [ 152 ]
Besides these, were the Nottoways, living on Nottoway river, the Meherrins and Tuteloes on Meherrin river, who were connected with the Indians of Carolina, probably with the Chowanocs.
[ Tip-in 20, Page 2 ]
|TRIBES.||COUNTRY.||CHIEF TOWN.||WARRIORS.||TRIBES.||COUNTRY.||CHIEF TOWN.||WARRIORS.|
|Between PATOWMAC and RAPPAHANOC.||Tauxenents||Fairfax||About General Washington's||40|
|Whonkenties||Fauquier||Patówomekes||Stafford. King George||Patowmac creek||200|
|Cuttatawomans||King George||About Lamb creek||20||60||By the name of Matchotics. U. Matchodie. Nanzaticos. Nanzatico. Appamatox Matox.|
|Tegninaties||Culpeper||Pissasecs||King Geo. Richmond||Above Leeds town||—|
|Ontponies||Orange||Rappahànocs||Richmond county.||Rappahanoc creek||100||30|
|Moràughtacunds||Lancaster. Richmond||Moratico river||80||40||by the name of Totuskeys|
|Between RAPPAHANOC and YORK.||Nantaughtacunds||Essex. Caroline||Port tobacco creek||150||60|
|Stegarakies||Orange||Màttapomènts||Mattapony river||- - - - -||30||20|
|Manahoacs||Stafford. Spotsylvania||Wèrowocòmicos||Gloucester||About Rosewell||40|
|Payànkatanks||Piankatank river||Turk's Ferry. Grimesby||55|
|Between YORK and JAMES.||MONACANS.||Youghtanunds||Pamunkey river||- - - - -||60|
|Monacans||James R. above the falls||Fork of James R.||30||Arrowhàtocs||Henrico||Arrohatocs||30|
|Paspahèghes||Charles city. James city||Sandy point||40|
|Between JAMES and CAROLINA.||Appamàttocs||Chesterfield||Bermuda hundred||60||50||1669|
|Monahassanoes||Bedford. Buckingham||Quiocohanoes||Surry||About Upper Chipoak||25||3 Pohics||Nottoways|
|Massinacaes||Cumberland||Wàrrasqeaks||Isle of Wight||Warrasqueac||Meherrics 90|
|Mohemenchoes||Powhatan||Nasamònds||Nansamond||About the mouth of West. branch||200||45||Tuteloes 50|
|Chèsapeaks||Princess Anne||About Lynhaven river||100|
|EASTERN SHORE.||Accohanocs||Accom. Northampton||Accohanoc river||40|
|This Table to be placed between Pages 152 and 153.|
[ 153 ]
The preceding table contains a state of these several tribes, according to their confederacies and geographical situation, with their numbers when we first became acquainted with them, where these numbers are known. The numbers of some of them are again stated as they were in the year 1669, when an attempt was made by the assembly to enumerate them. Probably the enumeration is imperfect, and in some measure conjectural, and that a further search into the records would furnish many more particulars. What would be the melancholy sequel of their history, may however be augured from the census of 1669; by which we discover that the tribes therein enumerated were, in the space of 61 years, reduced to about one-third of their former numbers. Spirituous liquors, the small-pox, war, and an abridgment of territory, to a people who lived principally on the spontaneous productions of nature, had committed terrible havock among them, which generation, under the obstacles opposed to it among them, was not likely to make good. That the lands of this country were taken from them by conquest, is not so general a truth as is supposed. I find in our historians and records, repeated proofs of purchase, which cover a considerable part of the lower country; and many [ 154 ]
Westward of all these tribes, beyond the mountains, and extending to the great lakes, were the Massawomecs, a most powerful confederacy, who harrassed unremittingly the Powhatans and Manahoacs. These were probably the ancestors of the tribes known at present by the name of the Six Nations.
Very little can now be discovered of the subsequent history of these tribes severally. The Chickahominies removed, about the year 1661, to Mattapony river. Their chief, with one from each of the tribes of the Pamunkies and Mattaponies, attended the treaty of Albany in 1685. This seems to have been the last chapter in their history. They retained however their separate name so late as 1705, and were at length blended with the Pamunkies and Mattaponies, and exist at present only under their names. There remain of the Mattaponies three or four men only, and they have more negro than Indian blood in them. They have lost their language, have reduced themselves, by voluntary sales, to about fifty acres of land, which lie on the river of their own name, and have, from time to time, been joining the Pamunkies, from [ 155 ]
The Monacans and their friends, better known latterly by the name of Tuscaroras, were probably connected with the Massawomecs, or Five Nations. For though we are * told their languages were so different that the intervention of interpreters was necessary between them, yet do we also † learn that the Erigas, a nation formerly inhabiting [ 156 ]
I know of no such thing existing as an Indian monument: for I would not honour with that name arrow points, stone hatchets, stone pipes, and half-shapen images. Of labour on the large scale, I think there is no remain as respectable as would be a common ditch for the draining of lands: unless indeed it be the Barrows, of which many are to be found all over this country. These are of different sizes, some of them constructed of earth, and some of loose stones. That they were repositories of the dead, has been obvious to all: but on what particular occasion constructed, was matter of doubt. Some have thought they covered the bones of those who [ 157 ][ 158 ] [ 159 ] [ 160 ] [ 161 ]
But on whatever occasion they may have been made, they are of considerable notoriety among the Indians: for a party passing, about thirty years ago, through the part of the country where this barrow is, went through the woods directly to it, without any instructions or enquiry, and having staid about it some time, with expressions which were construed to be those of sorrow, they returned to the high road, which they had [ 162 ]
Great question has arisen from whence came those aboriginal inhabitants of America? Discoveries, long ago made, were sufficient to shew that a passage from Europe to America was always practicable, even to the imperfect navigation of ancient times. In going from Norway to Iceland, from Iceland to Groenland, from Groenland to Labrador, the first traject is the widest: and this having been practised from the earliest times of which we have any account of that part of the earth, it is not difficult to [ Tip-in 21, Page 1 ]
In the Notes on Virgi. the great diversity of languages appearing
radically different which are spoken by the red men of America, is
supposed to authorize a supposition that they have inhabited their country longer than their
settlement is more remote than that of Asia by it's red inhabitants. but it
must be confessed that the mind finds it difficult to concieve that so many tribes
have inhabited it from so remote an antiquity as would be necessary to have divided
them into language so radically different. I will therefore hazard a conjecture,
as such, and only to be estimated at what it may be worth. we know that the Indians
consider it as dishonorable to use any language but their own. hence in their councils
with us, though some of them may have been in situations which from convenience or
necessity have obliged them to learn our language well, yet they refuse to confer
in it, always insist on the intervention of an interpreter,
tho he may understand
neither language so well as themselves: this fact is as general
as our knowledge of the tribes of N. America. when therefore a fraction of a tribe
from domestic feuds had broken off from it's main body gone to another to which it is
held by no law or compact, has gone to another settlement, may it
not be the point of honor with them not to use the language of those from with whom
they have quarreled, but to have one of their own. they have use but for
few words, possess but few. it would require but a small effort of the mind to invent
these and to acquire the habit of using them. perhaps this hypothesis presents less
difficulty than that of so many radically distinct languages preserved by such handfuls
of men, from an antiquity so remote that no data we possess will enable us to calculate
Jefferson's manuscript addition, in ink, appears on the recto of this tipped-in, foldout leaf (the verso is blank). At the top of the page, in pencil, are the printer's instructions to include this hypothesis as a footnote in the 1853 edition.[ 163 ] James Cook (1728-1779) was one of the most famous British navigators of the period. Cook's voyage, from 1776 to 1779, mapped the Pacific Coast of North America., coasting from Kamschatka to California, have proved that, if the two continents of Asia and America be separated at all, it is only by a narrow streight. So that from this side also, inhabitants may have passed into America: and the resemblance between the Indians of America and the Eastern inhabitants of Asia, would induce us to conjecture, that the former are the descendants of the latter, or the latter of the former: excepting indeed the Eskimaux, who, from the same circumstance of resemblance, and from identity of language, must be derived from the Groenlanders, and these probably from some of the northern parts of the old continent. A knowledge of their several languages would be the most certain evidence of their derivation which could be produced. In fact, it is the best proof of the affinity of nations which ever can be referred to. How many ages have elapsed since the English, the Dutch, the Germans, the Swiss, the Norwegians, Danes and Swedes have separated from their common stock? Yet how many more must elapse before the proofs of their common origin, which exist in their several languages, will disappear? It is to be lamented then, very much to be lamented, [ 164 ]
But imperfect as is our knowledge of the tongues spoken in America, it suffices to discover the following remarkable fact. Arranging them under the radical ones to which they may be palpably traced, and doing the same by those of the red men of Asia, there will be found probably twenty in America, for one in Asia, of those radical languages, so called because, if they were ever the same, they have lost all resemblance to one another. A separation into dialects [ Tip-in 22, Page 1 ]
I will now proceed to state the nations and numbers of the Aborigines which still exist in a respectable and independant form. And as their undefined boundaries would render it difficult to specify those only which may be within any certain limits, and it may not be unacceptable to present a more general view of them, I will reduce within the form of a Catalogue all those within, and circumjacent to, the United States, whose names and numbers have come to my notice. These are taken from four different lists, the first of which was given in the year 1759 to General Stanwix by George Croglian, Deputy agent for Indian affairs under Sir William Johnson; the second was drawn up by a French trader of considerable note, resident among the Indians many years, and annexed to Colonel Bouquet's printed account of his expedition in 1764. The third was made [ 166 ]
[ 167 ]
|TRIBES.||Croghan. 1759.||Bouquet. 1764.||Hutchins. 1768.||Where they reside.|
|Northward and Westward of the United States.||Oswegatchies||–||–||100||At Swagatchy, on the river St. Laurence.|
|Orondocs||–||–||100||Near Trois Rivieres.|
|Abenakies||–||350||150||Near Trois Rivieres.|
|Little Algonkins||–||–||100||Near Trois Rivieres.|
|Michmacs||–||700||–||River St. Laurence.|
|Amelistes||–||550||–||River St. Laurence.|
|Chalas||–||130||–||River St. Laurence.|
|Nipissins||–||400||–||Towards the heads of the Ottawas river.|
|Algonquins||–||300||–||Towards the heads of the Ottawas river.|
|Round heads||–||2500||–||Riviere aux Tetes boules on the E. side of Lake Superior.|
|Messasagues||–||2000||–||Lakes Huron and Superior.|
|Christinaux. Kris||–||3000||–||Lake Christinaux.|
[ 168 ]
|TRIBES.||Croghan. 1759.||Bouquet. 1764.||Hutchins. 1768.||Where they reside.|
|Northward and Westward of the United States.||Assinaboes||–||1500||–||Lake Assinaboes.|
|Blancs, or Barbus||–||1500||–|
|Sioux of the Meadows||10,000||2500||10,000||On the heads of the Missisipi westward of that river.|
|Sioux of the Woods||1800|
|Ajoues||–||1100||–||North of the Padoucas.|
|Panis. White||–||2000||–||South of the Missouri.|
|Panis. Freckled||1700||South of the Missouri.|
|Padoucas||–||500||–||South of the Missouri.|
|Canses||–||1600||–||South of the Missouri.|
|Osages||–||600||–||South of the Missouri.|
|Missouris||400||3000||–||On the river Missouri.|
|Arkanzas||–||2000||–||On the river Arkanzas.|
|Caouitas||–||700||–||East of the Allbamous.|
[ 169 ]
|TRIBES.||Croghan. 1759.||Bouquet. 1764.||Hutchins. 1768.||Dodge. 1779.||Where they reside.|
|Within the Limits of the United States.||Mohocks||–||–||160||100||Mohocks river.|
|Onèidas||–||–||300||400||East side of Oneida Lake and head branches of Susquehanna.|
|Tuscaròras||–||–||200||Between the Oneidas and Onondagoes.|
|Onondàgoes||–||1550||260||230||Near Onondago L.|
|Cayùgas||–||–||200||220||On the Cayuga Lake near the N. branch of Susquehanna.|
|Sènecas||–||–||1000||650||On the waters of Susquehanna, of Ontario, and the heads of the Ohio.|
|Aughquàgahs||–||–||150||–||East branch of Susquehanna, and on Aughquagah.|
|Nànticocs||–||–||100||–||Utsanango, Chaghtnet, and Owegy, on the East branch of Susquehanna.|
|Mohìccons||–||–||100||–||In the same parts.|
|Conòies||–||–||30||–||In the same parts.|
|Sapòonies||–||–||30||–||At Diahago and other villages up the N. branch of Susquehanna.|
|Mùnsies||–||–||150||*150||At Diahago and other villages up the N. branch of Susquehanna.|
[ 170 ]
|TRIBES.||Croghan. 1759.||Bouquet. 1764.||Hutchins. 1768.||Dodge. 1779.||Where they reside.|
|Within the Limits of the United States.||Delawares, or Linnelinopies||–||–||150||*500||At Diahago and other villages up the N. branch of Susquehanna.|
|Delawares, or Linnelinopies||600||600||600||Between Ohio and Lake Erie and the branches of Beaver creek, Cayahoga and Muskingum.|
|Shàwanees||400||500||300||300||Sioto and the branches of Muskingum.|
|Mìngoes||–||–||–||60||On a branch of Sioto.|
|Wyandots||250||Near fort St. Joseph's and Detroit.|
|Twightwees||300||–||250||–||Miami river near fort Miami.|
|Miamis||–||350||–||300||Miami river, about fort St. Joseph.|
|Ouiàtonons||200||400||300||*300||On the banks of the Wabash, near fort Ouiatonon.|
|Piànkishas||300||250||300||*400||On the banks of the Wabash, near fort Ouiatonon.|
|Shàkies||–||–||200||–||On the banks of the Wabash, near fort Ouiatonon.|
[ 171 ]
|TRIBES.||Croghan. 1759.||Bouquet. 1764.||Hutchins. 1768.||Dodge 1779.||Where they reside.|
|Within the Limits of the United States.||Kaskaskias||–||600||300||–||Near Kaskaskia.|
|Illinois||400||300||–||Near Cahokia. Query, If not the same with the Mitchigamis?|
|Piorias||–||800||–||–||On the Illinois river, called Pianrias, but supposed to mean Piorias.|
|Pouteòtamies||–||350||300||450||Near St. Joseph's and fort Detroit.|
|Ottàwas||–||–||550||*300||Near St. Joseph's and fort Detroit.|
|Chippawas||–||–||200||–||On Saguinam bay of lake Huron.|
|Ottawas||–||–||–||On Saguinam bay of lake Huron.|
|Chippawas||400||Near fort St. Mary's on lake Superior.|
|Chippawas||–||–||–||–||Several other villages along the banks of lake Superior. Numbers unknown.|
|Chippawas||–||–||–||–||Near Puans bay on lake Michigan.|
|Shakies||200||400||550||–||Near Puans bay on lake Michigan.|
|Mynonàmies||–||–||–||–||Near Puans bay on lake Michigan.|
[ 172 ]
|TRIBES.||Croghan. 1759.||Bouquet. 1764.||Hutchins. 1768.||Dodge. 1779.||Where they reside.|
|Kickapous||600||300||–||250||On lake Michigan, and between that and the Missisipi.|
|Sioux. Eastern||–||–||–||500||On the eastern heads of the Missisipi, and the islands of lake Superior.|
|Cherokees||1500||2500||3000||–||Western parts of North Carolina.|
|Chickasaws||–||750||500||–||Western parts of Georgia.|
|Catawbas||–||150||–||–||On the Catawba river in South Carolina.|
|Chacktaws||2000||4500||6000||–||Western parts of Georgia.|
|Upper Creeks||–||–||3000||–||Western parts of Georgia.|
|Lower Creeks||–||1180||–||Western parts of Georgia.|
|Alibamous||–||600||–||–||Alibama river, in the western parts of Georgia.|
[ 173 ]
The following tribes are also mentioned:
|Croghan's catalo.||Lezar||400||From the mouth of Ohio to the mouth of Wabash.|
|Webings||200||On the Missisipi below the Shakies.|
|Ousasoys Grand Tuc.||4000||On White creek, a branch of the Missisipi.|
|Linways||1000||On the Missisipi.|
|Bouquet's.||Les Puans||700||Near Puans bay.|
|Folle avoine||350||Near Puans bay.|
|Ouanakina||300||Conjectured to be tribes of the Creeks.|
|Dodge's.||Mineamis||2000||North-west of lake Michigan, to the heads of Missisipi, and up to lake Superior.|
|Piankishas||800||On and near the Wabash, towards the Illinois.|
But, apprehending these might be different appellations for some of the tribes already enumerated, I have not inserted them in the table, but state them separately as worthy of further inquiry. The variations observable in numbering the same tribe may sometimes be ascribed to imperfect information, and sometimes to a greater or less comprehension of settlements under the same name. (7)
Query XII.[ 174 ]
A NOTICE of the counties, cities, townships, and villages?
The counties have been enumerated under Query IX. They are 74 in number, of very unequal size and population. Of these 35 are on the tide waters, or in that parallel; 23 are in the Midlands, between the tide waters and Blue ridge of mountains; 8 between the Blue ridge and Alleghaney; and 8 westward of the Alleghaney.
The state, by another division, is formed into parishes, many of which are commensurate with the counties: but sometimes a county comprehends more than one parish, and sometimes a parish more than one county. This division had relation to the religion of the state, a Parson of the Anglican church, with a fixed salary, having been heretofore established in each parish. The care of the poor was another object of the parochial division.
We have no townships. Our country being much intersected with navigable waters, and trade brought generally to our doors, instead of our being obliged to go in quest of it, has probably been one of the causes why we have no towns of any [ 175 ]
On James river and its waters, Norfolk, Portsmouth, Hampton, Suffolk, Smithfield, Williamsburgh, Petersburg, Richmond the seat of our government, Manchester, Charlottesville, New London.
On York river and its waters, York, Newcastle, Hanover.
On Rappabanoc, Urbanna, Portrayal, Fredericksburg, Falmouth.
On Patowmac and its waters, Dumfries, Colchester, Alexandria, Winchester, Staunton.
On Ohio, Louisville.
There are other places at which, like some of the foregoing, the laws have said there shall be towns; but Nature has said there shall not, and they remain unworthy of enumeration. Norfolk will probably be the emporium for all the trade of the Chesapeak bay and its waters; and a canal of 8 or or 10 miles will bring to it all that of Albermarle sound and its waters. Secondary to to this place, are the towns at the head of [ 176 ]
Query XIII.[ 176 ]
THE constitution of the state, and its several charters?
Queen Elizabeth by her letters-patent, bearing date March 25, 1584, licensed Sir Walter Raleigh to search for remote heathen lands, not inhabited by Christian people, and granted to him, in fee simple, all the soil within 200 leagues of the places where his people should, within 6 years, make their dwellings or abidings; reserving only, to herself and her successors, their allegiance and one fifth part of all the gold and silver ore they should obtain. Sir Walter immediately sent out two ships which visited Wococon island Better known now as Ocracoke Island, on the outer banks of North Carolina. in North Carolina, and the [ 177 ][ 178 ]
Some gentlemen and merchants, supposing that by the attainder of Sir Walter Raleigh the grant to him was forfeited, not enquiring over carefully whether the sentence of an English court could affect lands not within the jurisdiction of that court, petitioned king James for a new grant of Virginia to them. He accordingly executed a grant to Sir Thomas Gates and others, bearing date the 9th of March 1607, under which, in the same year a settlement was effected at James-town and ever after maintained. Of this grant however no [ 179 ][ 180 ]
Afterwards, on the 12th of March 1612, by other letters-patent, the king added to his former grants, all islands in any part of the ocean between the 30th and 41st degrees of [ 181 ]
In pursuance of the authorities given to the company by these charters, and more especially of that part in the charter of 1609, which authorised them to establish a form of government, they on the 24th of July 1621, by charter under their common seal, declared that from thenceforward there should be two supreme councils in Virginia, the one to be called the council of state, to be placed and displaced by the treasurer, council in England, and company, from time to time, whose office was to be that of assisting and advising the governor; the other to be called the general assembly, to be convened by the governor once yearly or oftener, which was to consist of the council of state, and two burgesses out of every town, hundred, or plantation, to be respectively chosen by the inhabitants. In this all matters were to be decided by the greater part of the votes present; reserving to the governor a negative voice; and they were to have power to treat, consult, and conclude all emergent occasions concerning the public weal, and to make laws for the behoof and [ 182 ][ 183 ] Oliver Cromwell (1599-1658) ruled as Lord Protector of England from 1653 until 1658. and the parliament, was induced in 1651 to lay down their arms, they previously secured their most essential rights, by a solemn convention, which having never seen in print, I will here insert literally from the records.
'ARTICLES agreed on concluded at James Cittie in Virginia for the surrendering and settling of that plantation under the obedience goverment of the common wealth of England by the Commissioners of the Council of state by authoritie of [ 184 ]
First it is agreed and consted that the plantation of Virginia, and all the inhabitants thereof shall be and remaine in due obedience and subjection to the Comon wealth of England, according to the lawes there established, and that this submission and subscription bee acknowledged a voluntary act not forced nor constrained by a conquest upon the countrey, and that they shall have enjoy such freedomes and priviledges as belong to the free borne people of England, and that the former government by the Comissions and Instructions be void and null.
2ly, Secondly that the Grand assembly as formerly shall convene transact the affairs of Virginia wherein nothing is to be acted or done contrarie to the government of the Comon wealth of England the lawes there established.
3ly, That there shall be a full totall remission and indempnitie of all acts, words, or writeings done or spoken against the parliament of England in relation to the same.
4ly, That Virginia shall have enjoy the antient bounds and Lymitts granted by [ 185 ]
5ly, That all the pattents of land granted under the collony seale by any of the precedent governours shall be remaine in their full force strength.
6ly, That the priviledge of haveing ffiftie acres of land for every person transported in that collonie shall continue as formerly granted.
7ly, That the people of Virginia have free trade as the people of England do enjoy to all places and with all nations according to the lawes of that common wealth, and that Virginia shall enjoy all priviledges equall with any English plantations in America.
8ly, That Virginia shall be free from all taxes, customs impositions whatsoever, none to be imposed on them without consent of the Grand assembly, And soe that neither ffortes nor castles bee erected or garrisons maintained without their consent.
9ly, That noe charge shall be required from this country in respect of this present ffleet.
10ly, That for the future settlement of the countrey in their due obedience, the [ 186 ]
11ly, That the use of the booke of common prayer shall be permitted for one yeare ensueinge with referrence to the consent of the major part of the parishes, provided that those things which relate to kingshipp or that government be not used publiquely, and the continuance of ministers in their places, they not misdemeaning themselves, and the payment of their accustomed dues and agreements made with them respectively shall be left as they now stand dureing this ensueing yeare.
12ly, That no man's cattell shall be questioned as the companies unles such as have been entrusted with them or have disposed of them without order.
13ly, That all ammunition, powder armes, other then for private use, shall be delivered up, securitie being given to make satisfaction for it.
[ 187 ]
14ly, That all goods allreadie brought hither by the Dutch or others which are now on shoar shall be free from surprizall.
15ly, That the quittrents granted unto us by the late kinge for seaven yeares bee confirmed.
161y, That the commissioners for the parliament subscribeing these articles engage themselves the honour of the parliament for the full performance thereof: and that the present governour the councill the burgesses do likewise subscribe engage the whole collony on their parts.
Wᵐ. CLAIBORNE ———Seale.
EDMOND CURTIS. ———Seale.
Theise articles were signed sealed by the Commissioners of the Councill of state for the Commonwealth of England the twelveth day of March 1651.'
Then follow the articles stipulated by the governor and council, which relate merely to their own persons and property, and then the ensuing instrument:
'An act of indempnitie made att the surrender of the countrey.
Whereas by the authoritie of the parliament of England wee the commissioners appointed by the councill of state authorized thereto having brought a fleete [ 188 ][ 189 ]
The colony supposed, that, by this solemn convention, entered into with arms in their hands, they had secured the * antient limits of their country, † its free trade, its exemption from ‡ taxation but by their own assembly, and exclusion of § military force from among them. Yet in every of these points was this convention violated by subsequent kings and parliaments, and other infractions of their constitution, equally dangerous, committed. Their General Assembly, which was composed of the council of state and burgesses, sitting together and deciding by plurality of voices, was split into two houses, by which the council obtained a separate negative on their laws. Appeals from their supreme court, which had been fixed by law in their General Assembly, were arbitrarily revoked to England, to be there heard before the king and council. Instead of four hundred miles on the sea coast, they [ 190 ][ 191 ] [ 192 ]
This constitution was formed when we were new and unexperienced in the science of government. It was the first too which was formed in the whole United States. No wonder then that time and trial have discovered very capital defects in it.
1. The majority of the men in the state, who pay and fight for its support, are unrepresented in the legislature, the roll of freeholders intitled to vote, not including generally the half of those on the roll of the militia, or of the tax-gatherers.
2. Among those who share the representation, the shares are very unequal. Thus the county of Warwick, with only one hundred fighting men, has an equal representation with the county of Loudon, which has 1746. So that every man in Warwick has as much influence in the government as 17 men in Loudon. But lest it should be thought that [ 193 ]
|Square miles.||Fighting men.||Delegates||Senators.|
|Between the Alleghaney and Ohio||†79,650||4,458||16||2|
|Total – –||121,525||49,971||149||24|
An inspection of this table will supply the place of commentaries on it. It will appear at once that nineteen thousand men, living below the falls of the rivers, possess half the senate, and want four members only of possessing a majority of the house of delegates; a want more than supplied by the vicinity of their situation to the seat of government, and of course the greater degree of convenience and punctuality with which their members may and will attend in the legislature. These nineteen thousand, therefore, living in one part of the country, give [ 194 ]
3. The senate is, by its constitution, too homogeneous with the house of delegates. Being chosen by the same electors, at the same time, and out of the same subjects, the choice falls of course on men of the same description. The purpose of establishing different houses of legislation is to introduce the influence of different interests or different principles. Thus in Great-Britain it is said their constitution relies on the house of commons for honesty, and the lords for wisdom; which would be a rational reliance if honesty were to be bought with money, and if wisdom were hereditary. In some of the American states the delegates and senators are so chosen, as that the first represent the persons, and the second the property of the state. But with us, wealth and wisdom have equal chance for admission into both houses. We do not therefore derive from the separation of our legislature into two houses, those benefits which a proper complication of principles is capable of producing, and those which alone can compensate the evils which may be produced by their dissensions.
[ 195 ]
4. All the powers of government, legislative, executive, and judiciary, result to the legislative body. The concentrating these in the same hands is precisely the definition of despotic government. It will be no alleviation that these powers will be exercised by a plurality of hands, and not by a single one. 173 despots would surely be as oppressive as one. Let those who doubt it turn their eyes on the republic of Venice. As little will it avail us that they are chosen by ourselves; An elective despotism was not the government we fought for; but one which should not only be founded on free principles, but in which the powers of government should be so divided and balanced among several bodies of magistracy, as that no one could transcend their legal limits, without being effectually checked and restrained by the others. For this reason that convention, which passed the ordinance of government, laid its foundation on this basis, that the legislative, executive and judiciary departments should be separate and distinct, so that no person should exercise the powers of more than one of them at the same time. But no barrier was provided between these several powers. The judiciary and executive members were left dependant on the legislative, for their subsistence in office, and some of them for their [ 196 ][ 197 ]
5. That the ordinary legislature may alter the constitution itself. On the discontinuance of assemblies, it became necessary to substitute in their place some other body, competent to the ordinary business of government, and to the calling forth the powers of the state for the maintenance of our [ 198 ][ 199 ] [ 200 ] [ 201 ] [ 202 ] Sir Edward Coke (1552-1634) was the author of the Institutes of the Lawes of England, the standard law text of the period, one that Jefferson had used himself as a student at the College of William and Mary. says, 'an article of the statute II. R.2, c. 5. that no person should attempt to revoke any ordinance then made, is repealed, for that such restraint is against the jurisdiction and power of the parliament.' 4. inst 42. and again, 'though divers parliaments have attempted to restrain subsequent parliaments yet could they never effect it; for the latter parliament hath ever power to abrogate, suspend, qualify, explain, or make void the former in the whole or in any part thereof, notwithstanding any words of restraint, prohibition, or penalty, in the former: for it is a maxim in the laws of the parliament, quod leges posteriores priores contrarias abrogant.' 4. inst. 43.—To get rid of the magic supposed to be in [ 203 ] [ 204 ] [ 205 ]
6. That the assembly exercises a power of determining the Quorum of their own body which may legislate for us. After the establishment of the new form they adhered to the Lex majoris partis, founded in * common law as well as common right. It is the † [ 206 ][ 207 ] "All good examples come from bad ones, but where power comes to the ignorant or the less good, that new example is carried from the dignified and worthy to those who are not dignified and unworthy." When therefore it is considered, that there is no legal obstacle to the assumption by the assembly of all the powers legislative, executive, and judiciary, and that these may come to the hands of the smallest rag of delegation, surely the people will say, and their representatives, while yet they have honest representatives, will advise them to say, that they will not acknowledge as laws any acts not considered and assented to by the major part of their delegates.
In enumerating the defects of the constitution, it would be wrong to count among them what is only the error of particular persons. In December 1776, our circumstances being much distressed, it was proposed in the house of delegates to create a dictator, invested with every power legislative, executive and judiciary, civil and military, of life and of death, over our persons and over our properties: and in June 1781, again under calamity, the same proposition was repeated, and wanted a few votes only of being passed.—One who entered into this contest from a pure love of liberty, and a [ 208 ][ 209 ] [ 210 ] [ 211 ] [ 212 ] [ 213 ] Latin: "war of all against all"— Searching for the foundations of this proposition, I can find none which may pretend a colour of right or reason, but the defect before developed, that there being no barrier between the legislative, executive, and judiciary departments, the legislature may seize the whole: that having seized it, and possessing a right to fix their own quorum, they may reduce that quorum to one, whom they may call a chairman, speaker, dictator, or by any other name they please.— Our situation is indeed perilous, and I hope my countrymen will be sensible of it, and will apply, at a proper season, the proper remedy; which is a convention to fix the constitution, to amend its defects, to bind up the several branches of government bv certain laws, which when they transgress their acts shall become nullities; to render unnecessary an appeal to the people, or in other words a rebellion, on every infraction of their rights, on the peril that their acquiescence shall be construed into an intention to surrender those rights.
Query XIV.[ 214 ]
THE administration of justice and description of the laws?
The state is divided into counties. In every county are appointed magistrates, called justices of the peace, usually from eight to thirty or forty in number, in proportion to the size of the county, of the most discreet and honest inhabitants. They are nominated by their fellows, but commissioned by the governor, and act without reward. These magistrates have jurisdiction both criminal and civil. If the question before them be a question of law only, they decide on it themselves: but if it be of fact, or of fact and law combined, it must be referred to a jury. In the latter case, of a combination of law and fact, it is usual for the jurors to decide the fact, and to refer the law arising on it to the decision of the judges. But this division of the subject lies with their discretion only. And if the question relate to any point of public liberty, or if it be one of those in which the judges may be suspected of bias, the jury undertake to decide both law and fact. If they be mistaken, a decision against right, which is casual only, is less dangerous to the state, [ 215 ][ 216 ]
There are three superior courts, to wit, the high-court of chancery, the general court, and court of admiralty. The first and second of these receive appeals from the county courts, and also have original jurisdiction where the subject of controversy is of the value of ten pounds sterling, or where it concerns the title or bounds of land. The jurisdiction of the admiralty is original altogether. The high-court of chancery is composed of three judges, the general court [ 217 ]
There is one supreme court, called the court of appeals, composed of the judges of the three superior courts, assembling twice a year at stated times at Richmond. This court receives appeals in all civil cases from each of the superior courts, and determines them finally. But it has no original jurisdiction.
If a controversy arise between two foreigners of a nation in alliance with the United States, it is decided by the Consul for their State, or, if both parties chuse it, by the ordinary courts of justice. If one of the parties only be such a foreigner, it is triable before the courts of justice of the country. But if it shall have been instituted in a county court, the foreigner may remove it into the general court, or court of chancery, who are to determine it at their first sessions, as they must also do if it be originally commenced before them. In cases of life and death, such foreigners have a right to be [ 218 ]
All public accounts are settled with a board of auditors, consisting of three members, appointed by the general assembly, any two of whom may act. But an individual, dissatisfied with the determination of that board, may carry his case into the proper superior court.
A description of the laws.
The general assembly was constituted, as has been already shewn, by letters-patent of March the 9th, 1607, in the 4th year of the reign of James the First. The laws of England seem to have been adopted by consent of the settlers, which might easily enough be done whilst they were few and living all together. Of such adoption however we have no other proof than their practice, till the year 1661, when they were expressly adopted by an act of the assembly, except so 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 England, and the general statutes previous to the 4th of James, were in force here; but that no subsequent statutes were, unless we were named in them, said the judges and other partisans of the crown, but named or not named, said those [ 219 ]
Debtors unable to pay their debts, and making faithful delivery of their whole effects, are released from confinement, and their persons for ever discharged from restraint for such previous debts: but any property they may afterwards acquire will be subject to their creditors.
The poor, unable to support themselves, are maintained by an assessment on the titheable persons in their parish. This assessment is levied and administered by twelve persons in each parish, called vestrymen, originally chosen by the housekeepers of the parish, but afterwards filling vacancies in their own body by their own choice. These are usually the most discreet farmers, so distributed through their parish, that every part of it may be under the immediate eye of some one [ 220 ][ 221 ] Surgery. The aids of this art are not equivocal. But an able chirurgeon cannot be had in every parish. Such a receptacle should therefore be provided for those patients; but no others should be admitted.
[ 222 ]
Marriages must be solemnized either on special licence, granted by the first magistrate of the county, on proof of the consent of the parent or guardian of either party under age, or after solemn publication, on three several Sundays, at some place of religious worship, in the parishes where the parties reside. The act of solemnization may be by the minister of any society of Christians, who shall have been previously licensed for this purpose by the court of the county. Quakers and Menonists however are exempted from all these conditions, and marriage among them is to be solemnized by the society itself.
A foreigner of any nation, not in open war with us, becomes naturalized by removing to the state to reside, and taking an oath of fidelity: and thereupon acquires every right of a native citizen: and citizens may divest themselves of that character, by declaring, by solemn deed, or in open court, that they mean to expatriate themselves, and no longer to be citizens of this state.
Conveyances of land must be registered in the court of the county wherein they lie, or in the general court, or they are void, as to creditors, and subsequent purchasers.
Slaves pass by descent and dower as lands do. Where the descent is from a parent, the heir is bound to pay an equal share of their [ 223 ]
Slaves, as well as lands, were entailable during the monarchy: but, by an act of the first republican assembly, all donees in tail, present and future, were vested with the absolute dominion of the entailed subject.
Bills of exchange, being protested, carry 10 per cent. interest from their date.
No person is allowed, in any other case, to take more than five per cent. per annum simple interest, for the loan of monies.
Gaming debts are made void, and monies actually paid to discharge such debts (if they exceeded 40 shillings) may be recovered by the payer within three months, or by any other person afterwards.
Tobacco, flour, beef, pork, tar, pitch, and turpentine, must be inspected by persons publicly appointed, before they can be exported.
The erecting iron-works and mills is encouraged by many privileges; with necessary cautions however to prevent their dams from obstructing the navigation of the watercourses. The general assembly have on several occasions shewn a great desire to encourage the opening the great falls of James and Patowmac rivers. As yet, however, neither of these have been effected.
[ 224 ]
The laws have also descended to the preservation and improvement of the races of useful animals, such as horses, cattle, deer; to the extirpation of those which are noxious, as wolves, squirrels, crows, blackbirds; and to the guarding our citizens against infectious disorders, by obliging suspected vessels coming into the state, to perform quarantine, and by regulating the conduct of persons having such disorders within the state.
The mode of acquiring lands, in the earliest times of our settlement, was by petition to the general assembly. If the lands prayed for were already cleared of the Indian title, and the assembly thought the prayer reasonable, they passed the property by their vote to the petitioner. But if they had not yet been ceded by the Indians, it was necessary that the petitioner should previously purchase their right. This purchase the assembly verified, by enquiries of the Indian proprietors; and being satisfied of its reality and fairness, proceeded further to examine the reasonableness of the petition, and its consistence with policy; and, according to the result, either granted or rejected the petition. The company also sometimes, though very rarely, granted lands, independantly of the general assembly. As the colony increased, and individual applications for land [ 225 ][ 226 ] Latin for "let him/them know"; originating in medieval English law, this refers to a kind of writ that would require the receiver to demonstrate to a court why a certain action should not be taken. If the defendant fails to state an adequate case, the court could, as Jefferson describes here "set aside" their interest. or by bill in Chancery. Since the establishment of our new government, this order of things is but little changed. An individual, wishing to appropriate to himself lands still unappropriated by any other, pays to the public treasurer a sum of money proportioned to the quantity he wants. He carries the treasurer's receipt to the auditors of public accompts, who thereupon debit the treasurer with the sum, and order the register of the land-office to give the party a warrant for his land. With this warrant from the register, he goes to the surveyor of the county where the land lies on which he has cast his eye. The surveyor lays it off for him, gives him its exact description, in the form of a certificate, which certificate he returns to the land-office, where a grant is made out, and is signed by the governor. This vests in him a perfect dominion in his lands, transmissible to whom he pleases by deed or will, or by descent to his heirs if he die intestate. "Without a will."
Many of the laws which were in force during the monarchy being relative merely to that form of government, or inculcating principles inconsistent with republicanism, [ 227 ]
The plan of the revisal was this. The common law of England, by which is meant, that part of the English law which was anterior to the date of the oldest statutes extant, is made the basis of the work. It was thought dangerous to attempt to reduce it to a text: it was therefore left to be collected from the usual monuments of it. Necessary alterations in that, and so much of the whole body of the British statutes, and of acts of assembly, as were thought proper to be retained, were digested into 126 new acts, in which simplicity of stile was aimed at, as far as was safe. The following are the most remarkable alterations proposed:
To change the rules of descent, so as that the lands of any person dying intestate shall be divisible equally among all his children, or other representatives, in equal degree.
[ 228 ]
To make slaves distributable among the next of kin, as other moveables.
To have all public expences, whether of the general treasury, or of a parish or county, (as for the maintenance of the poor, building bridges, court-houses, c.) supplied by assessments on the citizens, in proportion to their property.
To hire undertakers for keeping the public roads in repair, and indemnify individuals through whose lands new roads shall be opened.
To define with precision the rules whereby aliens should become citizens, and citizens make themselves aliens.
To establish religious freedom on the broadest bottom.
To emancipate all slaves born after passing the act. The bill reported by the revisors does not itself contain this proposition; but an amendment containing it was prepared, to be offered to the legislature whenever the bill should be taken up, and further directing, that they should continue with their parents to a certain age, then be brought up, at the public expence, to tillage, arts or sciences, according to their geniusses, till the females should be eighteen, and the males twenty-one years of age, when they should be colonized to such place as the [ 229 ][ 230 ] The outer layer of the skin; the cuticle. itself; whether it proceeds from the colour of the blood, the colour of the bile, or from that of some other secretion, the difference is fixed in nature, and is as real as if its seat and cause were better known to us. And is this difference of no importance? Is it not the foundation of a greater or less share of beauty in the two races? Are not the fine mixtures of red and white, the expressions of every passion by greater or less suffusions of colour in the one, preferable to that eternal monotony, which reigns in the countenances, that immoveable veil of black which covers all the emotions of the other race? Add to these, flowing hair, a more elegant symmetry of form, their own judgment in favour of the whites, declared by their preference of them, as uniformly as is the preference of the Oranootan for the black women over those of his own species. The circumstance of superior beauty, is thought worthy attention in the propagation of our horses, dogs, and other domestic animals; why not in that of man? Besides those of colour, figure, and hair, there are other physical distinctions proving a difference of race. They have less hair on the face and body. They secrete less by the kidnies, and more by the glands of the skin, which gives them a very strong and [ 231 ] [ 232 ] [ 233 ] [ 234 ] "Something that incites, stings, or goads a person into activity; a vehement impulse, passion, or frenzy"; OED, which cites Jefferson's Notes for this meaning (though dating the book incorrectly as being published in 1728). of the poet. Their love is ardent, but it kindles the senses only, not the imagination. Religion indeed has produced a Phyllis Whately; That is, Phillis Wheatley (1753-1784), African-American poet who became famous in the 1770s when her poems began to be published in American and British newspapers; her collected Poems on Various Subjects, published in London in 1773, was also well received. but it could not produce a poet. The compositions published under her name are below the dignity of criticism. The heroes of the Dunciad Poem published in various versions by Alexander Pope between 1728 and 1743 that satirized the hack writers, pedantic critics, and other "dunces" of the popular press. are to her, as Hercules to the author of that poem. Ignatius Sancho Sancho (1729-1780) achieved fame during and after his lifetime for his writings, including letters in the press and the posthumously-published Letters of the Late Ignatius Sancho, An African(1782). The "Shandean" style that Jefferson refers to here was widely noted by the readers of this book, as Sancho consciously imitated the style of Laurence's Sterne's Tristram Shandy (1759-68). has approached nearer to merit in composition; yet his letters do more honour to the heart than the head. They breathe the purest effusions of friendship and general philanthropy, and shew how great a degree of the latter may be compounded with strong religious zeal. He is often happy in the turn of his compliments, and his stile is easy and familiar, except when he affects a Shandean fabrication of words. But his imagination is wild and extravagant, escapes incessantly from every restraint of reason and taste, and, in the course of its vagaries, leaves a tract of thought as incoherent and eccentric, as is the course of a meteor through the sky. His subjects should often have led him to a process of sober reasoning: yet we find him always substituting [ 235 ] Marcus Portius Cato (234-149 BCE) also known as Cato the Elder or Cato the Censor. for a very restricted indulgence to his slaves in this particular, * took from them a certain price. But in [ 236 ] Jefferson's previous lines translate this Latin sentence from Cato's De Re Rustica, believed to be the oldest known prose text in Latin. The American slaves cannot enumerate this among the injuries and insults they receive. It was the common practice to expose in the island of Æsculapius, Greek god of medicine. in the Tyber, diseased slaves, Suet. Claud. 25. whose cure was like to become tedious. The Emperor Claudius, Claudius (10 BCE-54 CE) ruled as emperor of Rome from 41 to 54. by an edict, gave freedom to such of them as should recover, and first declared, that if any person chose to kill rather than to expose them, it should be deemed homicide. The exposing them is a crime of which no instance has existed with us; and were it to be followed by death, it would be punished capitally. We are told of a certain Vedius Pollio, who, in the presence of Augustus, would have given a slave as food to his fish, for having broken a glass. [ 237 ] Epictetus (55-135), born a slave, became one of the best-known Stoic philosophers. Terence, Publius Terentius Afer (c190 BCE-159 BCE), known as Terence, wrote several of the most popular comedies of the classical period after being released from the slavery into which he was born. and Phædrus, Phaedrus (c 15 BCE-50), who recast Aesop's fables into Latin, is believed to have been a slave. were slaves. But they were of the race of whites. It is not their condition then, but nature, which has produced the distinction.—–Whether further observation will or will not verify the conjecture, that nature has been less bountiful to them in the endowments of the head, I believe that in those of the heart she will be found to have done them justice. That disposition to theft with which they have been branded, must be ascribed to their situation, and not to any depravity of the moral sense. The man, in whose favour no laws of property exist, probably feels himself less bound to respect those made in favour of others. When arguing for ourselves, we lay [ 238 ]
’Ημισυ, γαζ τ’ ἄρετής άποαίνυΙαι εύρύθπα Ζεὺς
’Ανερος, ευτ’ άν μιν κατα δουλιον ήμαξ ἔλησιν.
Jove fix'd it certain, that whatever day
Makes man a slave, takes half his worth away. From Alexander Pope's translation of Homer’s Odyssey, book 17. Pope’s translation, published in 1725 and 1726, was the standard translation for almost all eighteenth-century English readers.
But the slaves of which Homer speaks were whites. Notwithstanding these considerations which must weaken their respect for the laws of property, we find among them numerous instances of the most rigid integrity, and as many as among their better instructed masters, of benevolence, gratitude, and unshaken fidelity.—–The opinion, that they are inferior in the faculties of [ 239 ][ 240 ]
The revised code further proposes to proportion crimes and punishments. This is attempted on the following scale.
[ 241 ]
|I. Crimes whose punishment extends to LIFE.|
|1. High treason.||Death by hanging.|
|Forfeiture of lands and goods to the commonwealth.|
|2. Petty treason.||Death by hanging. Dissection.|
|Forfeiture of half the lands and goods to the representatives of the party slain.|
|3. Murder.||1. by poison.||Death by poison.|
|Forfeiture of one-half as before.|
|2. in duel.||Death by hanging. Gibbeting, if the challenger.|
|Forfeiture of one-half as before, unless it be the party challenged, then the forfeiture is to the commonwealth.|
|3. in any other way.||Death by hanging.|
|Forfeiture of one-half as before.|
|4. Manslaughter.||The second offence is murder.|
|II. Crimes whose punishment goes to LIMB.|
|3. Maiming.||Retaliation, and the forfeiture of half the lands and goods to the sufferer.|
|III. Crimes punishable by LABOUR.|
|1. Manslaughter, 1st offence.||Labour VII. years for the public.||Forfeiture of half as in murder.|
|2. Counterfeiting money.||Labour VI. years.||Forfeiture of lands and goods to the commonwealth.|
|3. Arson.||Labour V. years.||Reparation threefold.|
|4. Asportation of vessels.||Labour V. years.||Reparation threefold.|
|5. Robbery.||Labour IV. years.||Reparation double.|
|6. Burglary.||Labour IV. years.||Reparation double.|
|7. House-breaking.||Labour III. years.||Reparation.|
|8. Horse-stealing.||Labour III. years.||Reparation.|
|9. Grand larceny.||Labour II. years.||Reparation.||Pillory.|
|10. Petty larceny.||Labour I. year.||Reparation.||Pillory.|
|11. Pretensions to witchcraft, c.||Ducking.||Stripes.|
|12. Excusable homicide.||To be pitied, not punished.|
|14. Apostacy. Heresy.|
[ 243 ]
Pardon and privilege of clergy are proposed to be abolished; but if the verdict be against the defendant, the court in their discretion, may allow a new trial. No attainder to cause a corruption of blood, or forfeiture of dower. Slaves guilty of offences punishable in others by labour, to be transported to Africa, or elsewhere, as the circumstances of the time admit, there to be continued in slavery. A rigorous regimen proposed for those condemned to labour.
Another object of the revisal is to diffuse knowledge more generally through the mass of the people. This bill proposes to lay off every county into small districts of five or six miles square, called hundreds, and in each of them to establish a school for teaching reading, writing, and arithmetic. The tutor to be supported by the hundred, and every person in it entitled to send their children three years gratis, and as much longer as they please, paying for it. These schools to be under a visitor, who is annually to chuse the boy, of best genius in the school, of those whose parents are too poor to give them further education, and to send him forward to one of the grammar schools, of which twenty are proposed to be erected in differents parts of the country, for teaching Greek, Latin, geography, and the higher [ 244 ][ 245 ] [ 246 ] [ 247 ] [ 248 ] [ 249 ]
Lastly, it is proposed, by a bill in this revisal, to begin a public library and gallery, by laying out a certain sum annually in books, paintings, and statues.
Query XV.[ 249 ]
THE colleges and public establishments, the roads, buildings, c.?
The college of William and Mary is the only public seminary of learning in this state. It was founded in the time of king William [ 250 ]Latin: "in an average year." The buildings are of brick, sufficient for an indifferent accommodation of perhaps an hundred students. By its charter it was to be under the government of twenty visitors, who were to be its legislators, and to have a president and six professors who were incorporated. It was allowed a representative in the general assembly. Under this charter, a professorship of the Greek and Latin languages, a professorship of mathematics, one of moral philosophy, and two of divinity, were established. To these were annexed, for a sixth professorship, a considerable donation by Mr. Boyle of England, The chemist Robert Boyle (1627-1691). After he died, his estate was used to purchase Brafferton Manor in Yorkshire, and the proceeds from this land became what was known as the "Boyle Fund," money used to support the education of Indians in the colonies. The new College of William and Mary in Virginia applied in the 1690s for money from the fund, and used it to found an Indian grammar school, which lasted until access to the Fund dried up after the American Revolution. for the instruction of the Indians, and their conversion to Christianity. This was called the professorship of Brafferton, from an estate of that name in England, purchased with the monies given. The admission of the learners of Latin and Greek filled the college with children. This rendering it disagreeable and degrading to [ 251 ]
- A Professorship for Law and Police:
- Anatomy and Medicine:
- Natural Philosophy and Mathematics:
- Moral Philosophy, the Law of Nature and Nations, the Fine Arts:
- Modern Languages:
- For the Brafferton.
And it is proposed, so soon as the legislature shall have leisure to take up this subject, to desire authority from them to increase the number of professorships, as well for the purpose of subdividing those already instituted, [ 252 ]
The roads are under the government of the county courts, subject to be controuled by the general court. They order new roads to be opened wherever they think them necessary. The inhabitants of the county are by them laid off into precincts, 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 assistance of artificers, they are to build. If the stream be such as to require a bridge of regular [ 253 ]
Ferries are admitted only at such places as are particularly pointed out by law, and the rates of ferriage are fixed.
Taverns are licensed by the courts, who fix their rates from time to time.
The private buildings are very rarely constructed of stone or brick; much the greatest proportion being of scantling and boards, plaistered with lime. It is impossible to devise things more ugly, uncomfortable, and happily more perishable. There are two or three plans, on one of which, according to its size, most of the houses in the state are built. The poorest people build huts of logs, laid horizontally in pens, stopping the interstices with mud. These are warmer in winter, and cooler in summer, than the more expensive constructions of scantling and plank. The wealthy are attentive to the raising of vegetables, but very little so to fruits. The poorer people attend to neither, living principally on milk and animal diet. This is [ 254 ][ 255 ] [ 256 ] [ 257 ] [ 258 ]
Query XVI.[ 258 ]
THE measures taken with regard of the estates and possessions of the rebels, commonly called Tories?
A Tory has been properly defined to be a traitor in thought, but not in deed. The only description, by which the laws have endeavoured to come at them, was that of nonjurors, or persons refusing to take the oath of fidelity to the state. Persons of this description were at one time subjected to double taxation, at another to treble, and lastly were allowed retribution, and placed on a level with good citizens. It may be mentioned as a proof both of the lenity of our government, and unanimity of its inhabitants, that [ 259 ]
Under this query I will state the measures which have been adopted as to British property, the owners of which stand on a much fairer footing than the Tories. By our laws, the same as the English in this respect, no alien can hold lands, nor alien enemy maintain an action for money, or other moveable thing. Lands acquired or held by aliens become forfeited to the state; and, on an action by an alien enemy to recover money, or other moveable property, the defendant may plead that he is an alien enemy. This extinguishes his right in the hands of the debtor or holder of his moveable property. By our separation from Great-Britain, British subjects became aliens, and being at war, they were alien enemies. Their lands were of course forfeited, and their debts irrecoverable. The assembly however passed laws, at various times, for saving their property. They first sequestered their lands, slaves, and other property on their farms, in the hands of commissioners, who were mostly the confidential friends or agents of the owners, and directed their clear profits to be paid into the treasury: and they gave leave to all persons owing debts to British subjects, to pay them [ 260 ]
Query XVII.[ 261 ]
THE different religions received into that state?
The first settlers in this country were emigrants from England, of the English church, just at a point of time when it was flushed with complete victory over the religious of all other persuasions. Possessed, as they became, of the powers of making, administering, and executing the laws, they shewed equal intolerance in this country with their Presbyterian brethren, who had emigrated to the northern government. The poor Quakers were flying from persecution in England. They cast their eyes on these new countries as asylums of civil and religious freedom; but they found them free only for the reigning sect. Several acts of the Virginia assembly of 1659, 1662, and 1693, had made it penal in parents to refuse to have their children baptized; had prohibited the unlawful assembling of Quakers; had made it penal for any master of a vessel to bring a Quaker into the state; had ordered those already here, and such as should come thereafter, to be imprisoned till they should abjure the country; provided a milder [ 262 ]
The present state of our laws on the subject of religion is this. The convention of May 1776, in their declaration of rights, declared it to be a truth, and a natural right, that the exercise of religion should be free; but when they proceeded to form on that [ 263 ]The Act of Supremacy, passed in 1558, the first year of Queen Elizabeth I's reign, established what became known as the Elizabethan Religious Settlement. It installed Elizabeth as the Supreme Governor of the Church of England, and called for anyone taking a public office or ecclesiastical appointment to swear an Oath of Supremacy recognizing her position. circumscribed it, by declaring, that nothing should be deemed heresy, but what had been so determined by authority of the canonical scriptures, or by one of the four first general councils, or by some other council having for the grounds of their declaration the express and plain words of the scriptures. [ 264 ] Latin: "for burning a heretic". By our own act of assembly of 1705, c. 30, if a person brought up in the Christian religion denies the being of a God, or the Trinity, or asserts there are more Gods than one, or denies the Christian religion to be true, or the scriptures to be of divine authority, he is punishable on the first offence by incapacity to hold any office or employment ecclesiastical, civil, or military; on the second by disability to sue, to take any gift or legacy, to be guardian, executor, or administrator, and by three years imprisonment, without bail. A father's right to the custody of his own children being founded in law on his right of guardianship, this being taken away, they may of course be severed from him, and put, by the authority of a court, into more orthodox hands. This is a summary view of that religious slavery, under which a people have been willing to remain, who have lavished their lives and fortunes for the establishment of their civil freedom. * The error seems not sufficiently [ 265 ] [ 266 ] [ 267 ] Latin: "critic of morals" over each other. Is uniformity attainable? Millions of innocent men, women, and children, since the introduction of Christianity, have been burnt, tortured, fined, imprisoned; yet we have not advanced one inch towards uniformity. What has been the effect of coercion? To make one half the world fools, and the other half hypocrites. To support roguery and error all over the earth. Let us reflect that it is inhabited by a thousand millions of people. That these profess probably a thousand different systems of religion. That ours is but one of that thousand. That if there be but one right, and ours that one, we should wish to see the 999 wandering sects gathered into the fold of truth. But against such a majority we [ 268 ] [ 269 ] [ 270 ]
THE particular customs and manners that may happen to be received in that state?
It is difficult to determine on the standard by which the manners of a nation may be tried, whether catholic, or particular. It is more difficult for a native to bring to that standard the manners of his own nation, familiarized to him by habit. There must doubtless be an unhappy influence on the manners of our people produced by the existence of slavery among us. The whole commerce between master and slave is a perpetual exercise of the most boisterous passions, the most unremitting despotism on the one part, and degrading submissions on the other. Our children see this, and learn to imitate it; for man is an imitative animal. This quality is the germ of all education in him. From his cradle to his grave he is learning to do what he sees others do. If a parent could find no motive either in his philanthropy or his self-love, for restraining [ 271 ][ 272 ] [ 273 ]
Query XIX.[ 273 ]
THE present state of manufactures, commerce, interior and exterior trade?
We never had an interior trade of any importance. Our exterior commerce has suffered very much from the beginning of the present contest. During this time we have manufactured within our families the most necessary articles of cloathing. Those of cotton will bear some comparison with the same kinds of manufacture in Europe; but those of wool, flax and hemp are very coarse, unsightly, and unpleasant: and such is our attachment to agriculture, and such our preference for foreign manufactures, that be it wise of unwise, our people will certainly return as soon as they can, to the raising raw materials, and exchanging them for finer manufactures than they are able to execute themselves.
The political oeconomists of Europe have established it as a principle that every state [ 274 ][ 275 ]
Query XX.[ 276 ]
A NOTICE of the commercial productions particular to the state, and of those objects which the inhabitants are obliged to get from Europe and from other parts of the world?
Before the present war we exported, communibus annis, Latin: "in an average year" according to the best information I can get, nearly as follows:
[ 277 ]
|ARTICLES||Quantity.||Price in Dollars.||Am. in Dollars.|
|Tobacco||55,000 hhds. of 1000 lb.||at 30 d. per hhd.||1,650,000|
|Wheat||800,000 bushels||at ⁵⁄₆ d. per bush.||666,666²⁄₃|
|Indian corn||600,000 bushels||at ¹⁄₃ d. per bush.||200,000|
|Shipping||– – –||– –||100,000|
|Masts, planks, skantling, shingles, staves||– – –||– –||66,666²⁄₃|
|Tar, pitch, turpentine||30,000 barrels||at 1¹⁄₃ d. per bar.||40,000|
|Peltry, viz. skins of deer, beavers, otters, muskrats, racoons, foxes||180 hhds. of 600 lb.||at ⁵⁄₁₂ d. per lb.||42,000|
|Pork||4,000 barrels||at 10 d. per bar.||40,000|
|Flax-seed, hemp, cotton||– – –||– –||8,000|
|Pit-coal, pig-iron||– – –||– –||6,666²⁄₃|
|Peas||5,000 bushels||at ²⁄₃ d. per bush.||3,333¹⁄₃|
|Beef||1,000 barrels||at 3¹⁄₃ d. per bar.||3,333¹⁄₃|
|Sturgeon, white shad, herring||– – –||– –||3,333¹⁄₃|
|Brandy from peaches and apples, and whiskey||– – –||– –||1,666²⁄₃|
|Horses||– – –||– –||1,666²⁄₃|
|This sum is equal to 850,000l. Virginia money, 607,142 guineas.||2,833,333⅓ D.|
[ 278 ]
In the year 1758 we exported seventy thousand hogsheads A large barrel, generally measuring 48 inches long and 30 inches in diameter, which could be used for storing and shipping beer, wine, molasses, or, as here, tobacco. of tobacco, which was the greatest quantity ever produced in this country in one year. But its culture was fast declining at the commencement of this war and that of wheat taking its place: and it must continue to decline on the return of peace. I suspect that the change in the temperature of our climate has become sensible to that plant, which, to be good, requires an extraordinary degree of heat. But it requires still more indispensably an uncommon fertility of soil: and the price which it commands at market will not enable the planter to produce this by manure. Was the supply still to depend on Virginia and Maryland alone, as its culture becomes more difficult, the price would rise, so as to enable the planter to surmount those difficulties and to live. But the western country on the Missisipi, and the midlands of Georgia, having fresh and fertile lands in abundance, and hotter sun, will be able to undersell these two states, and will oblige them to abandon the raising tobacco altogether. And a happy obligation for them it wi|l be. It is a culture productive of infinite wretchedness. Those employed in it are in a continued state of exertion beyond the powers of nature to support. Little [ 279 ]The wheat weevil, an agricultural pest. The female lays eggs inside the kernels of grain, which are then consumed by the larvae. indeed is a formidable obstacle to the cultivation of this grain with us. But principles are already known which must lead to a remedy. Thus a certain degree of heat, to wit, that of the common air in summer, is necessary to hatch the egg. If subterranean granaries, or others, therefore, can be contrived below that temperature, 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 we easily run into that which produces, putrefaction. To produce putrefaction, however, three agents are requisite, heat, moisture, and the external air. Is the absence of any one of these be secured, the other [ 280 ] [ 281 ] Perhaps the most prestigious and desired breed of horse at this time. Originating in the Arabian peninsula, they were just beginning to be bred in the American colonies in the middle decades of the eighteenth century. an article of very considerable profit. Experience has shewn that ours is the particular climate of America where he may be raised without degeneracy. Southwardly the heat of the sun occasions a deficiency of pasture, and northwardly the winters are too cold for the short and fine hair, the particular sensibility and constitution of that race. Animals transplanted into unfriendly climates, either change their nature and acquire new fences against the new difficulties in which they are placed, or they multiply poorly and become extinct. A good foundation is laid for their propagation here by our possessing already great numbers of horses of that blood, and by a decided taste and preference for them established among the people. Their patience of heat without injury, their superior wind, fit them better in this and the more southern climates even for the drudgeries of the plough and waggon. Northwardly they will become an object only to persons of taste and fortunes for the saddle and light carriages. To these, and for these uses, their fleetness and beauty will recommend them.––Besides these there will be other valuable substitutes when the cultivation of tobacco shall be discontinued, such as [ 282 ]
It is not easy to say what are the articles either of necessity, comfort, or luxury, which we cannot raise, and which we therefore shall be under a necessity of importing from abroad, as every thing hardier than the olive, and as hardy as the fig, may be raised here in the open air. Sugar, coffee and tea, indeed, are not between these limits; and habit having placed them among the necessaries of life with the wealthy part of our citizens, as long as these habits remain, we must go for them to those countries which are able to furnish them.
Query XXI.[ 282 ]
THE weights, measures, and the currency of the hard money? Some details relating to the exchange with Europe?
Our weights and measures are the same which are fixed by acts of parliament in England.–How it has happened that in this, as well as the other American states the nominal value of coin was made to differ from what it was in the country we had left, and [ Tip-in 23, Page 1 ]
Foot note for p 283
In the states where the Dollar is valued at 6/. the coincidence of their currency with the Greek Roman monies is so singular as to be worthy notice to found suspicion that this object may have had some influence in fixing our monies at this particular point, at a time when the value of Greek Roman learning was more justly estimated than at this day. The Penny lawful is precisely the Roman as, which was their unit, 10. of which, equal to ten Pence lawful made the Attic Drachma according to Pliny, l.21.c.33. in the latter ages of their history the monies of these two people were interwoven so as to make parts of the same series, which were in some degree decimal.The as (L. at first Libralis but latterly ½ an ounce of copper called Libella) = 1.d lawful.
10. as made the Denarius (X.) or Attic Drachm= 10.d
100. denarii made the Mina or Pondo = 1000d or £4-3-4
the denarius having been divide into fourth of 2½ as each, the fourth was called
a Sestertius or Nummus (LLS. or HS.) = 2½d
100. Sesterces made an Aureus latterly = 250d = £1-0-10
1000. Sesterces made the Sestertium = £10-8-4
the Libra = 96 X. = £4. lawful
the Talent of Silver = 60 Mina = £250.
the Talent of Gold was the decuple of the talent of silver at the proportion of 10 for 1. as among the Romans = £2500.
and was the Miliary of the Libra if valued at 16. for 1. as among moderns = 1000. Librae = £4000.
It is understood that the Attic drachm of silver was exactly our Dram Troy of 60. gr. the Denarius of the Romans was the 7.th part of their Ounce, which is supposed to have been exactly our Avoirdupois ounce, but this is of 437½ gr. Troy, which would make the Roman Denarios 62 ½ gr. consequently[ Tip-in 23, Page 2 ]
1/24 more than the Attic drachm, contrary to the testimony of antiquity that the Denarius and the Drachm were equal. we may very probably conjecture that our Troy weight is taken from the Grecians, from whom our Physicians derive their science , in copying their recipes, would of course preserve their weights which fix the quantum proportion of ingredients. We may as probably affirm that our Avoirdupois weight is taken from the Romans, from whom through their colonies conquests in France, Spain, Germany, Britain we derive our Agriculture Commerce. accordingly we observe that while we weight our physic by the Troy or Grecian weights, we use the Avoirdupois or Roman for the productions of agriculture general articles of Commerce. and since Antiquity affirms that these two series were united by the equality of the Drachm Denarius, we must conclude that in progress of time, they have become a little separated in use with us, to wit 1/24 part as before noted.
But the point at which their separation has been arrested, and fixed is a very remarkable one. 1000 ounces avoirdupois make exactly a cubic foot of water. this integral, decimal, cubical relation induces a presumption that while deciding among the varieties uncertainties which, during the ruder ages of the arts, we know had crept into the weights measures of England, they had adopted for their standard those which stood so conveniently connected through the medium of a natural element, always at hand to be appealed to.
The ounce avoirdupois being this fixed at the thousandth part of a cubic foot of water, the Winchester bushel, of 2150.4 cubic inches, filled with water, would weight 77.7 lb avoirdupois, [ Tip-in 23, Page 3 ]
and, filled with wheat of statute quality, weighed 64. lb amidst the varieties discovered between the standard weights Avoirdupois Troy in their different depositories, it would be observed that all of them were a little over or under this proportion: this would suffice to give this proportion the preference, and to fix the standard relation between the Avoirdupois Troy pounds at that which nature has established between the weights of water and wheat: and the Troy grain, 5760 of which make the pound Troy, would be so adjusted as that 7000 of them would make the pound Avoirdupois. for 7000:5760::77.7: 64. Exactly the same proportion is known to exist between the dry liquid measures. for the corn gallon contains 272. cubic inches the antient liquid gallon of Guildhall 224. cubic inches. so that the system of weights measures Avoirdupois Troy, dry liquid are found to be in the simple relation of the weights measure of the two obvious and natural subjects water wheat. that is to say, the Pound Avoirdupoise:Pound Troy::the weight of water:weight of wheat::the bulk of the corn gallon : the bulk of the liquid gallon or 7000:5760::77.7:64::272:224.
These weights measures seem to have been so combined as to render it immaterial whether a commodity was dealt out by weight or measure. for the dry gallon of wheat, the liquid one of wine were of the same weight, the Avoirdupois pound of wheat, the Troy pound of wine were of the same measure. a more natural, accurate, curious reconciliation of the two systems of Greece Rome which happened to be found in use could not have been imagined; the extension of the connection, from weights measures, to coins, as is done so integrally by our Lawful currency, which makes the penny of 6. grains of silver, as was the Roman as, has completed the system.
[ Tip-in 23, Page 4 ]
It is true, we find no trace either in English or American history, that these were the views which determined the relations existing between our weights, measures and monies. but it is more difficult to conceive that such a series of combinations should have been merely accidental, than that History should have been silent about them.
I am aware that there are differences of opinion as to the antient weights coins. those here stated are taken from Brerewood, Kennet, Ainsworth the Encylopedie; are as likely to have prevailed with our ancestors as the opinions opposed to them.[ 283 ]
[ 284 ]
|British gold coin not milled, coined gold of Spain and France, chequins, Arabian gold, moidores of Portugal||}||5s the dwt.|
|Coined gold of the empire||5s. the dwt.||4s 3 the dwt.|
|English milled silver money, in proportion to the crown, at||5s 10||6s 3|
|Pieces of eight of Mexico, Seville, and Pillar, ducatoons of Flanders, French ecus, or silver Louis, crusados of Portugal||}||3¾ d. the dwt.||4 d. the dwt.|
|Peru pieces, cross dollars, and old rixdollars of the empire||}||3½ d. the dwt.||3¾ d. the dwt.|
|Old British silver coin not milled||3¾ d. the dwt.|
[ 285 ]
The first symptom of the depreciation of our present paper-money, was that of silver dollars selling at six shillings, which had before been worth but five shillings and ninepence. The assembly thereupon raised them by law to six shillings. As the dollar is now likely to become the money-unit of America, as it passes at this rate in some of our sister-states, and as it facilitates their computation in pounds and shillings, e converso, this seems to be more convenient than it's former denomination. But as this particular coin now stands higher than any other in the proportion of 133⅓ to 125, or 16 to 15, it will be necessary to raise the others in the same proportion.
Query XXII.[ 285 ]
THE public income and expences?
The nominal amount of these varying constantly and rapidly, with the constant and rapid depreciation of our paper-money, it becomes impracticable to say what they are. We find ourselves cheated in every essay by the depreciation intervening between the declaration of the tax and its actual receipt. It will therefore be more satisfactory to [ 286 ]
Of our expences it is equally difficult to give an exact state, and for the same reason. They are mostly stated in paper money, which varying continually, the legislature endeavours at every session, by new corrections, to adapt the nominal sums to the value it is wished they should bear. I will state them therefore in real coin, at the point at which they endeavour to keep them.
[ 287 ]
|The annual expences of the general assembly are about||20,000|
|The council of state||10,666⅔|
|The clerk of the chancery||666⅔|
|The attorney general||1,000|
|Three auditors and a solicitor||5,333⅓|
|The keeper of the public jail||1,000|
|The public printer||1,666⅔|
|Clerks of the inferior courts||43,333⅓|
|Public levy: this is chiefly for the expences of criminal justice||40,000|
|County levy, for bridges, court houses, prisons, c.||40,000|
|Members of congress||7000|
|Quota of the Federal civil list, supposed ⅙ of about 78,000||13,000|
|Expences of collection, 6 per cent. on the above||12,310|
|The clergy receive only voluntary contributions: suppose them on an average ⅛ of a dollar a tythe of 200,000 tythes||25,000|
|Contingencies, to make round numbers not far from truth||7,523⅓|
Dollars, or 53,571 guineas. This estimate is exclusive of the military expence. That varies with the force actually employed, and in time of peace will probably be little or nothing. It is exclusive also of the public debts, which are growing while I am writing, and cannot therefore be now fixed. So it is of the maintenance of the poor, which being merely a matter of charity, cannot be deemed expended in the administration of government. And if we strike out the 25,000 dollars for the services of the clergy, which neither makes part of that administration, more than what is paid to physicians or lawyers, and being voluntary, is either much or nothing as every one pleases, it leaves 225,000 dollars, equal to 48,208 guineas, the real cost of the apparatus of government with us. This, divided among the actual inhabitants of our country, comes to about two-fifths of a dollar, 21d sterling, or 42 sols, the price which each pays annually for the protection of the residue of his property, that of his person, and the other advantages of a free government. The public revenues of Great Britain divided in like manner on [ 289 ]
To this estimate of our abilities, let me add a word as to the application of them, if, when cleared of the present contest, and of the debts with which that will charge us, we come to measure force hereafter with any European power. Such events are devoutly to be deprecated. Young as we are, and with such a country before us to fill with people and with happiness, we should point in that direction the whole generative force of nature, wasting none of it in efforts of mutual destruction. It should be our endeavour to cultivate the peace and friendship of every nation, even of that which has injured us most, when we shall have carried our point against her. Our interest will be to throw open the doors of commerce, and to knock off all its shackles, giving perfect freedom to all persons for the vent of [ 290 ][ 291 ] [ 292 ] [ 293 ]
The value of our lands and slaves, taken conjunctly, doubles in about twenty years. This arises from the multiplication of our slaves, from the extension of culture, and increased demand for lands. The amount of what may be raised will of course rise in the same proportion.
Query XXII.[ 293 ]
The histories of the state, the memorials published in its name in the time of its being a colony, and the pamphlets relating to its interior or exterior affairs present or antient?
Captain Smith, John Smith (1580-1631), one of the key figures in the settlement of Jamestown, and the author of The Generall Historie of Virginia, New-England, the Summer Isles (1624) as well as several other works promoting the new colony. who next to Sir Walter Raleigh may be considered as the founder of our colony, has written its history, from [ 294 ]
The reverend William Stith, William Stith (1707-55), author of The History of the First Discovery and Settlement of Virginia: being an Essay towards a General History of this Colony (1747), and also president of the College of William and Mary from 1752-55. a native of Virginia, and president of its college, has also written the history of the same period, in a large octavo volume of small print. He was a man of classical learning, and very exact, but of no taste in style. He is inelegant, therefore, and his details often too minute to be tolerable, even to a native of the country, whose history he writes.
Beverley, Robert Beverley (1673-1722), author of The History and Present State of Virginia(1705). a native also, has run into the other extreme; he has comprised our history, from the first propositions of Sir Walter Raleigh to the year 1700, in the hundredth part of the space which Smith employs for the fourth part of the period.
Sir William Keith Keith (1669-1749) served as the colonial of Pennsylvania and Delaware, and wrote The History of the British Plantations in America (1738). has taken it up at its earliest period, and continued it to the year 1725. He is agreeable enough in style, and passes over events of little importance. Of course he is short, and would be preferred by a foreigner.
[ 295 ]
During the regal government, some contest arose on the exaction of an illegal fee by governor Dinwiddie, Robert Dinwiddie (1693-1770), lieutenant governor of colonial Virginia from 1751 to 1758. The "illegal fee" to which Jefferson refers was Dinwiddie's attempt to impose a tax in the amount of one pistole–the equivalent of 18s 6d–on registering land patents. The "Pistole Fee" controversy that followed, in which the Virginia legislature argued that the colonial administration had no right to impose such taxes on its own authority, was, as Jefferson suggests here, an important precedent for the battles over taxation that would lead to the American Revolution. and doubtless there were others on other occasions not at present recollected. It is supposed, that these are not sufficiently interesting to a foreigner to merit a detail.
The petition of the council and burgesses of Virginia to the king, their memorial to the lords, and remonstrance to the commons in the year 1764, began the present contest: and these having proved ineffectual to prevent the passage of the stamp-act, the resolutions of the house of burgesses of 1765 were passed, declaring the independance of the people of Virginia on the parliament of Great-Britain, in matters of taxation. From that time till the declaration of independance by congress in 1776, their journals are filled with assertions of the public rights.
The pamphlets published in this state on the controverted question were,
|1776,||An Enquiry into the Rights of the British Colonies, by Richard Bland.|
|1769,||The Monitor's Letters, by Dr. Arthur Lee.|
|1774,||* A summary View of the Rights of British America.|
|–––||Considerations, c. by Robert Carter Nicholas.|
[ 296 ]
Since the declaration of independance this state has had no controversy with any other, except with that of Pennsylvania, on their common boundary. Some papers on this subject passed between the executive and legislative bodies of the two states, the result of which was a happy accommodation of their rights.
To this account of our historians, memorials, and pamphlets, it may not be unuseful to add a chronological catalogue of American state-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 itself, has come under my observation, I cannot answer for the exactness of the date. Sometimes I have not been able to find any date at all, and sometimes have not been satisfied that such a paper exists. An extensive collection of papers of this description has been for some time in a course of preparation by a * gentleman fully equal to the task, and from whom, therefore, we may hope ere long to receive it. In the mean time accept this as the result of my labours, and as closing the tedious detail which you have so undesignedly drawn upon yourself.
[ 297 ]
|Pro Johanne Caboto et filiis suis super terra incognita investiganda. 12. Ry. 595. 3. Hakl. 4. 2. Mem. Am. 409.||1496, Mar. 5. 11. H. 7.|
|Billa signata anno 13. Henrici septimi. 3. Hakluyt's voiages 5.||1498, Feb. 3. 13. H. 7.|
|De potestatibus ad terras incognitas investigandum. 13. Rymer. 37.||1502, Dec. 19. 18. H. 7.|
|Commission de François I. à Jacques Cartier pour l'establissement du Canada. L'Escarbot. 397. 2. Mem. Am. 416.||1540, Oct. 17.|
|An act against the exaction of money, or any other thing, by any officer for license to traffique into Iseland and Newfoundland, made in An. 2. Edwardi sexti. 3. Hakl. 131.||1548, 2. E. 6.|
|The letters-patent granted by her Majestie to Sir Humphrey Gilbert, knight, for the inhabiting and planting of our people in America. 3. Hakl. 135.||1578, June 11, 20. E1 .|
|Letters-patents of Queen Elizabeth to Adrian Gilbert and others, to discover the Northwest passage to China. 3. Hakl. 96.||1583, Feb. 6.|
[ 298 ]
|1584, Mar. 25, 26 E1.||The letters-patents granted by the Queen's majestie to M. Walter Raleigh, now knight, for the discovering and planting of new lands and countries, to continue the space of 6 years and no more. 3. Hakl. 243.|
|Mar. 7. 31 E1.||An assignment by Sir Walter Raleigh for continuing the action of inhabiting and planting his people in Virginia. Hakl. 1st. ed. publ. in 1589, p. 815.|
|1603, Nov. 8.||Lettres de Lieutenant General de l'Acadie pays circonvoisins pour le Sieur de Monts. L'Escarbot. 417.|
|1606 Apr, 10, 4 Jac. 1.||Letters-patent to Sir Thomas Gates, Sir George Somers and others, for two several colonies to be made in Virginia and other parts of America. Stith. Append. No. 1.|
|1607, Mar. 9, 4. Jac. 1.||An ordinance and constitution enlarging the council of the two colonies in Virginia and America, and augmenting their authority, M. S.|
|1609, May 23. 7. Jac. 1.||The second charter to the treasurer and company for|
[ 299 ]
|Virginia, erecting them into a body politick. Stith. Ap. 2.|
|Letters-patents to the E. of Northampton, granting part of the island of Newfoundland. 1. Harris. 861.||1610, Apr. 10. Jac. 1.|
|A third charter to the treasurer and company for Virginia – Stith. App. 3.||1611, Mar. 12. 9. Jac. 1.|
|A commission to Sir Walter Raleigh. Qu.?||1617, Jac. 1.|
|Commissio specialis concernens le garbling herbæ Nicotianæ. 17. Rym. 190.||1620, Apr, 7. 18. Jac. 1.|
|A proclamation for restraint of the disordered trading of tobacco. 17. Rym. 233.||1620, June 29. 18. Jac. 1.|
|A grant of New England to the council of Plymouth.||1620, Nov. 3. Jac. 1.|
|An ordinance and constitution of the treasurer, council and company in England, for a council of state and general assembly in Virginia. Stith. App. 4.||1621, July 24. Jac. 1.|
|A grant of Nova Scotia to Sir William Alexander. 2. Mem. de l'Amerique. 193.||1621, Sep. 10-20. Jac. 1.|
|A proclamation prohibiting interloping and disorderly trading to New England in America. 17. Rym. 416.||1622, Nov. 6. 20. Jac. 1.|
[ 300 ]
|1623, May 9. 21. Jac. 1.||De Commissione speciali Willielmo 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. 1.||De Commissione Henrico vice-comiti Mandevill aliis. 17. Rym. 609.|
|1624, Aug. 26. 22. Jac. 1.||De Commissione speciali concernenti gubernationem in Virginia. 17. Rym. 618.|
|1624, Sep. 29. 22. Jac. 1.||A proclamation concerning tobacco. 17. Rym. 621.|
|1624, Nov. 9. 22. Jac. 1.||De concessione demiss. Edwardo Dichfield et aliis. 17. Rym. 633.|
|1625, Mar. 2. 22. Jac. 1.||A proclamation for the utter prohibiting the importation and use of all tobacco which is not of the proper growth of the colony of Virginia and the Somer islands, or one of them. 17. Rym. 668.|
|1625, Mar. 4. 1. Car. 1.||De commissione directa Georgio Yardeley militi et aliis. 18. Rym. 311.|
|1625, Apr. 9. 1. Car. 1.||Proclamatio de herba Nicotianȃ. 18. Rym. 19.|
[ 301 ]
|A proclamation for settlinge the plantation of Virginia. 18. Rym. 72.||1625, May 13. 1. Car. 1.|
|A grant of the soil, barony, and domains of Nova Scotia to Sir Wm. Alexander of Minstrie. 2. Mem. Am. 226.||1625, July 12.|
|Commissio directa Johanni Wolstenholme militi et aliis. 18. Ry. 831.||1626, Jan. 31. 2. Car 1.|
|A proclamation touching tobacco. Ry. 848.||1626, Feb. 17. 2. Car. 1.|
|A grant of Massachuset's bay by the council of Plymouth to Sir Henry Roswell and others.||1627, Mar. 19. qu.? 2. Car. 1.|
|De concessione commissionis specialis pro concilio in Virginia. 18. Ry. 980.||1627, Mar. 26. 3. Car. 1.|
|De proclamatione de signatione de tobacco. 18. Ry. 886.||1627, Mar. 30. 3. Car. 1.|
|De proclamatione pro ordinatione de tobacco. 18. Ry. 920.||1627, Aug. 9. 3. Car. 1.|
|A confirmation of the grant of Massachuset's bay by the crown.||1628, Mar. 4. 3. Car. 1.|
|The capitulation of Quebec. Champlain part. 2. 216. 2. Mem. Am. 489.||1629, Aug. 19.|
|A proclamation concerning tobacco. 19. Ry. 235.||1630, Jan. 6. 5. Car. 1.|
[ 302 ]
|1630, April 30.||Conveyance of Nova Scotia (Port-royal excepted) by Sir William Alexander to Sir Claude St. Etienne Lord of la Tour and of Uarre and to his son Sir Charles de St. Etienne Lord of St. Denniscourt, on condition that they continue subjects to the king of Scotland under the great seal of Scotland.|
|1630-31, Nov. 24. 6. Car. 1.||A proclamation forbidding the disorderly trading with the salvages in New England in America, especially the furnishing the natives in those and other parts of America by the English with weapons and habiliments of warre. 19. Ry. 210. 3. Rushw. 82.|
|1630, Dec. 5. 6. Car. 1.||A proclamation prohibiting the selling arms, c. to the savages in America. Mentioned 3. Rushw. 75.|
|1630, Car. 1.||A grant of Connecticut by the council of Plymouth to the E. of Warwick.|
|1630, Car. 1.||A confirmation by the crown of the grant of Connecticut [said|
[ 303 ]
|to be in the petty bag office in England].|
|A conveiance of Connecticut by the E. of Warwick to Lord Say and Seal and others. Smith's examination, App. No. 1.||1631, Mar. 19. 6. Car. 1.|
|A special commission to Edward Earle of Dorsett and others for the better plantation of the colony of Virginia. 19. Ry. 301.||1631, June 27. 7. Car. 1.|
|Litere continentes promissionem regis ad tradendum castrum et habitationem de Kebec in Canada ad regem Francorum. 19. Ry. 303.||1631, June 29. 7. Car. 1.|
|Traité entre le roy Louis XIII. et Charles roi d'Angleterre pour la restitution de la nouvelle France, la Cadie et Canada et des navires et merchandises pris de part et d'autre. Fait a St. Germain. 19. Ry. 361. 2. Mem. Am. 5.||1632, Mar. 29. 8. Car. 1.|
|A grant of Maryland to Cæcilius Calvert, Baron of Baltimore in Ireland.||1632, June 20. 8. Car. 1.|
|A petition of the planters of Virginia against the grant to Lord Baltimore.||1633, July 3. 9. Car. 1.|
[ 304 ]
|1633, July 3.||Order of council upon the dispute between the Virginia planters and lord Baltimore. Votes of repres. of Pennsylvania. V.|
|1633, Aug. 13. 9. Car. 1.||A proclamation to prevent abuses growing by the unordered retailing of tobacco. Mentioned 3. Rushw. 191.|
|1633, Sept. 23. 9. Car. 1.||A special commission to Thomas Young to search, discover and find out what parts are not yet inhabited in Virginia and America and other parts thereunto adjoining. 19. Ry. 472.|
|1633, Oct. 13. 9. Car. 1.||A proclamation for preventing of the abuses growing by the unordered retailing of tobacco. 19. Ry. 474.|
|1634, Mar. 13. Car. 1.||A proclamation restraining the abusive venting of tobacco. 19. Rym. 522.|
|1634, May 19. 10. Car. 1.||A proclamation concerning the landing of tobacco, and also forbidding the planting thereof in the king's dominions. 19. Ry. 553.|
|1634, Car. 1.||A commission to the Archbishop of Canterbury and 11 others,|
[ 305 ]
|for governing the American colonies.|
|A commission concerning tobacco. M. S.||1634, June 19. 10. Car. 1.|
|A commission from Lord Say and Seal, and others, to John Winthrop to be governor of Connecticut. Smith's App.||1635, July 18. 11. Car. 1.|
|A grant to Duke Hamilton.||1635, Car. 1.|
|De commissione speciali Johanni Harvey militi pro meliori regimine coloniæ in Virginia. 20. Ry. 3.||1636, Apr. 2. 12. Car. 1.|
|A proclamation concerning tobacco. Title in 3. Rush. 617.||1637, Mar. 14. Car. 1.|
|De commissione speciali Georgio domino Goring et aliis concessȃ concernente venditionem de tobacco absque licentiȃ regiȃ. 20. Ry. 116.||1636-7, Mar. 16. 12. Car. 1.|
|A proclamation against the disorderly transporting his Majesty's subjects to the plantations within the parts of America. 20. Ry. 143. 3. Rush. 409.||1637, Apr. 30. 13. Car. 1.|
|An order of the privy council to stay 8 ships now in the Thames from going to New-England. 3. Rush. 409.||1637, May 1. 13. Car. 1.|
[ 306 ]
|1637, Car. 1.||A warrant of the Lord Admiral to stop unconformable ministers from going beyond sea. 3. Rush. 410.|
|1638, Apr. 4. Car. 1.||Order of council upon Claiborne's petition against Lord Baltimore. Votes of representatives of Pennsylvania. vi.|
|1638, Apr. 6. 14. Car. 1.||An order of the king and council that the attorney-general draw up a proclamation to prohibit transportation of passengers to New-England without license. 3. Rush. 718.|
|1638, May 1. 14. Car. 1.||A proclamation to restrain the transporting of passengers and provisions to New-England without licence. 20. Ry. 223.|
|1639, Mar. 25. Car. 1.||A proclamation concerning tobacco. Title 4. Rush. 1060.|
|1639, Aug. 19. 15. Car. 1.||A proclamation declaring his majesty's pleasure to continue his commission and letters patents for licensing retailers of tobacco. 20. Ry. 348.|
|1639, Dec. 16. 15. Car. 1.||De commissione speciali Henrico Ashton armigero et aliis ad amovendum Henricum Hawley gubernatorem de Barbadoes. 20. Ry. 357.|
[ 307 ]
|A proclamation concerning retailers of tobacco. 4. Rush. 966.||1639, Car. 1.|
|De constitutione gubernatoris et concilii pro Virginia. 20. Ry. 484.||1641, Aug. 9. 17. Car. 1.|
|Articles of union and confederacy entered into by Massachusets, Plymouth, Connecticut and New-haven. 1. Neale. 223.||1643, Car. 1.|
|Deed from George Fenwick to the old Connecticut jurisdiction.||1644, Car. 1.|
|An ordinance of the lords and commons assembled in parliament, for exempting from custom and imposition all commodities exported for, or imported from New-England, which has been very prosperous and without any public charge to this state, and is likely to prove very happy for the propagation of the gospel in those parts. Tit. in Amer. library 90. 5. No date. But seems by the neighbouring articles to have been in 1644.|
[ 308 ]
|1644, June 20. Car. 2.||An act for charging of tobacco brought from New-England with custom and excise. Title in American library. 99. 8.|
|1644, Aug. 1. Car. 2.||An act for the advancing and regulating the trade of this commonwealth. Tit. Amer. libr. 99. 9.|
|Sept. 18. 1. Car. 2.||Grant of the Northern neck of Virginia to Lord Hopton, Lord Jermyn, Lord Culpeper, Sir John Berkely, Sir William Moreton, Sir Dudly Wyatt, and Thomas Culpeper.|
|1650, Oct. 3. 2. Car. 2.||An act prohibiting trade with the Barbadoes, Virginia, Bermudas and Antego. Scoble's Acts. 1027.|
|1650, Car. 2.||A declaration of Lord Willoughby, governor of Barbadoes, and of his council, against an act of parliament of 3d of October 1650. 4. Polit. register. 2. cited from 4. Neale. hist. of the Puritans. App. No. 12. but not there.|
|1650, Car. 2.||A final settlement of boundaries between the Dutch New Netherlands and Connecticut.|
[ 309 ]
|Instructions for Captain Robert Dennis, Mr. Richard Bennet, Mr. Thomas Stagge, and Capt. William Clabourne, appointed commissioners for the reducing of Virginia and the inhabitants thereof to their due obedience to the commonwealth of England. 1. Thurloe's state papers. 197.||1651, Sept. 26. 3. Car. 2.|
|An act for increase of shipping and encouragement of the navigation of this nation. Scobell's acts. 1449.||1651, Oct. 9. 3. Car. 2.|
|Articles agreed on and concluded at James cittie in Virginia for the surrendering and settling of that plantation under the obedience and government of the commonwealth of England, by the commissioners of the council of state, by authoritie of the parliament of England, and by the grand assembly of the governor, council, and burgesse of that state. M. S. [Ante. pa. 201.]||1651-2, Mar. 12. 4.Car. 2.|
|An act of indempnitie made at the surrender of the countrey [of Virginia.] [Ante. p. 206.]||1651-2, Mar. 12. 4. Car. 2.|
[ 310 ]
|1654, Aug. 16.||Capitulation de Port-Royal. mem. Am. 507.|
|1655, Car. 2.||A proclamation of the protector relating to Jamaica. 3. Thurl. 75.|
|1655, Sept. 26. 7. Car. 2.||The protector to the commissioners of Maryland. A letter. 4. Thurl. 55.|
|1655, Oct. 8. 7. Car. 2.||An instrument made at the council of Jamaica, Oct. 8, 1655, for the better carrying on of affairs there. 4. Thurl. 71.|
|1655, Nov. 3.||Treaty of Westminster between France and England. 6. corps diplom. part 2. p. 121. 2. Mem. Am. 10.|
|1656, Mar. 27. 8. Car. 2.||The assembly at Barbadoes to the Protector. 4. Thurl. 651.|
|1656, Aug. 9.||A grant by Cromwell to Sir Charles de Saint Etienne, a baron of Scotland, Crowne and Temple. A French translation of it. 2. Mem. Am. 511.|
|1656, Car. 2.||A paper concerning the advancement of trade. 5. Thurl. 80.|
|1656, Car. 2.||A brief narration of the English rights to the Northern parts of America. 5. Thurl. 81.|
[ 311 ]
|Mr. R. Bennet and Mr. S. Matthew to Secretary Thurloe. 5. Thurl. 482.||1656, Oct. 10. 8. Car. 2.|
|Objections against the Lord Baltimore's patent, and reasons why the government of Maryland should not be put into his hands. 5. Thurl. 482.||1656, Oct. 10. 8. Car. 2.|
|A paper relating to Maryland. 5. Thurl. 483.||1656, Oct. 10. 8. Car. 2.|
|A breviet of the proceedings of the lord Baltimore and his officers and compliers in Maryland against the authority of the parliament of the commonwealth of England and against his highness the lord protector's authority laws and government. 5. Thurl. 486.||1656, Oct. 10. 8. Car. 2.|
|The assembly of Virginia to secretary Thurlow. 5. Thurl. 497.||1656, Oct. 15. 8. Car. 2.|
|The governor of Barbadoes to the protector. 6. Thurl. 169.||1657, Apr. 4. 9. Car. 2.|
|Petition of the general court at Hartford upon Connecticut for a charter. Smith's exam. App. 4.||1661, Car. 2.|
|Charter of the colony of Connecticut. Smith's examn. App. 6.||1662, Ap. 23. 14. Car. 2.|
[ 312 ]
|1662-3, Mar. 24. Apr. 4. 15. Car. 2.||The first charter granted by Charles II. to the proprietaries of Carolina, to wit, to the Earl of Clarendon, Duke of Albemarle, Lord Craven, Lord Berkeley, Lord Ashley, Sir George Carteret, Sir William Berkeley, and Sir John Colleton. 4. mem. Am. 554.|
|1664, Feb. 10.||The concessions and agreement of the lords proprietors of the province of New Cæsarea, or New-Jersey, to and with all and every of the adventurers and all such as shall settle or plant there. Smith's New-Jersey. App. 1.|
|1664, Mar. 12. 20. Car. 2.||A grant of the colony of New-York to the Duke of York.|
|1664, Apr. 26. 16. Car. 2.||A commission to Colonel Nichols and others to settle disputes in New-England. Hutch. Hist. Mass. Bay. App. 537.|
|1664, Apr. 26.||The commission to Sir Robert Carre and others to put the Duke of York in possession of New-York, New-Jersey, and all other lands thereunto appertaining.|
[ 313 ]
|Sir Robert Carre and others proclamation to the inhabitants of New-York, New-Jersey, c. Smith's N. J. 36.|
|Deeds of lease and release of New-Jersey by the Duke of York to Lord Berkeley and Sir George Carteret.||1664, June 23, 24. 16. C. 2.|
|A conveiance of the Delaware counties to William Penn.|
|Letters between Stuyvesant and Colonel Nichols on the English right. Smith's N. J. 37–42.||
|Treaty between the English and Dutch for the surrender of the New-Netherlands. Sm. N. Jers. 42.||1664, Aug. 27.|
|Nicoll's commission to Sir Robert Carre to reduce the Dutch on Delaware bay. Sm. N. J. 47.||Sept. 3.|
|Instructions to Sir Robert Carre for reducing of Delaware bay and settling the people there under his majesty's obedience. Sm. N. J. 47.|
|Articles of capitulation between Sir Robert Carre and the Dutch and Swedes on Delaware bay and Delaware river. Sm. N. J. 49.||1664, Oct. 1.|
[ 314 ]
|1664, Dec. 1. 16. Car. 2.||The determination of the commissioners of the boundary between the Duke of York and Connecticut. Sm. Ex. Ap. 9.|
|1664.||The New Haven case. Smith's Ex. Ap. 20.|
|1665, June 13-24. 17. C. 2.||The second charter granted by Charles II. to the same proprietors of Carolina. 4. Mem. Am. 586.|
|1666, Jan. 26.||Declaration de guerre par la France contre l'Angleterre. 3. Mem. Am. 123.|
|1666, Feb. 9. 17. Car. 2.||Declaration of war by the king of England against the king of France.|
|1667, July 31.||The treaty of peace between France and England made at Breda. 7. Corps Dipl. part 1. p. 41. 2. Mem. Am. 32.|
|1667, July 31.||The treaty of peace and alliance between England and the United Provinces made at Breda. 7. Cor. Dip. p. 1. p. 44. 2. Mem. Am. 40.|
|1667-8, Feb. 17.||Acte de la cession de l'Acadie au roi de France. 2. Mem. Am. 292.|
|1668, April 21.||Directions from the governor and council of New York for|
[ 315 ]
|a better settlement of the government on Delaware. Sm. N. J. 51.|
|Lovelace's order for customs at the Hoarkills. Sm. N. J. 55.||1668.|
|A confirmation of the grant of the northern neck of Virginia to the Earl of St. Alban's, Lord Berkeley, Sir William Moreton and John Tretheway.||16– May 8. 21. Car. 2.|
|Incorporation of the town of Newcastle or Amstell.||1672.|
|A demise of the colony of Virginia to the Earl of Arlington and Lord Culpeper for 31 years. M. S.||1673, Feb. 25. 25. Car. 2.|
|Treaty at London between king Charles II. and the Dutch. Article VI.||1673-4.|
|Remonstrances against the two grants of Charles II. of Northern and Southern Virginia. Mentᵈ. Beverley. 65.|
|Sir George Carteret's instructions to Governor Carteret.||1674, July 13.|
|Governor Andros's proclamation on taking possession of Newcastle for the Duke of York. Sm. N. J. 78.||1674, Nov. 9.|
[ 316 ]
|1675, Oct. 1. 27. Car. 2.||A proclamation for prohibiting the importation of commodities of Europe into any of his majesty's plantations in Africa, Asia, or America, which were not laden in England: and for putting all other laws relating to the trade of the plantations in effectual execution.|
|1676, Mar. 3.||The concessions and agreements of the proprietors, freeholders and inhabitants of the province of West-New-Jersey in America. Sm. N. J. App. 2.|
|1676, July 1.||A deed quintipartite for the division of New-Jersey.|
|1676, Aug. 18.||Letter from the proprietors of New-Jersey to Richard Hartshorne. Sm. N. J. 80.|
|Proprietors instructions to James Wasse and Richard Hartshorne. Sm. N. J. 83.|
|1676, Oct. 10. 28. Car. 2.||The charter of king Charles II. to his subjects of Virginia. M. S.|
|1676.||Cautionary epistle from the trustees of Byllinge's part of New-Jersey. Sm. N. J. 84.|
[ 317 ]
|Indian deed for the lands between Rankokas creek and Timber creek, in New-Jersey.||1677, Sept. 10.|
|Indian deed for the lands from Oldman's creek to Timber creek, in New-Jersey.||1677, Sept. 27.|
|Indian deed for the lands from Rankokas creek to Assunpink creek, in New-Jersey.||1677, Oct. 10.|
|The will of Sir George Carteret, sole proprietor of East-Jersey, ordering the same to be sold.||1678, Dec. 5.|
|An order of the king in council for the better encouragement of all his majesty's subjects in their trade to his majesty's plantations, and for the better information of all his majesty's loving subjects in these matters. Lond. Gaz No. 1596. Title in Amer. library. 134. 6.||1680, Feb. 16.|
|Arguments against the customs demanded in New-West-Jersey by the governor of New-York, addressed to the Duke's commissioners. Sm. N. J. 117.||1680.|
|Extracts of proceedings of the committee of trade and plantations; copies of letters, reports, c. between the board||1680, June 14. 23. 25. Oct. 16. Nov. 4. 8. 11. 18. 20. 23. Dec. 16.
1680-1, Jan. 15. 22. Feb. 24.
[ 318 ]
|of trade, Mr. Penn, Lord Baltimore and Sir John Werden, in the behalf of the Duke of York and the settlement of the Pennsylvania boundaries by the L. C. J. North. Votes of Repr. Pennsyl. vii.–xiii.|
|1681, Mar. 4. Car. 2.||A grant of Pennsylvania to William Penn. Votes of Represen. Pennsylv. xviii.|
|1681, Apr. 2.||The king's declaration to the inhabitants and planters of the province of Pennsylvania. Vo. Rep. Penn. xxiv.|
|1681, July 11.||Certain conditions or concessions agreed upon by William Penn, proprietary and governor of Pennsylvania, and those who are the adventurers and purchasers in the same province. Votes of Rep. Pennsylv. xxiv.|
|1681, Nov. 9.||Fundamental laws of the province of West-New-Jersey. Sm. N. J. 126.|
|1681-2, Jan. 14.||The methods of the commissioners for settling and regulation of lands in New-Jersey. Sm. N. J. 130.|
|1681-2, Feb. 1. 2.||Indentures of lease and release by the executors of Sir George|
[ 319 ]
|Carteret to William Penn and 11 others, conveying East-Jersey.|
|The Duke of York's fresh grant of East-New-Jersey to the 24 proprietors.||1682, Mar. 14.|
|The Frame of the government of the province of Pennsylvania, in America. Votes of Repr. Penn. xxvii.||1682, Apr. 25.|
|The Duke of York's deed for Pennsylvania. Vo. Repr. Penn. xxxv.||1682, Aug. 21.|
|The Duke of York's deed of feoffment of Newcastle and twelve miles circle to William Penn. Vo. Repr. Penn.||1682, Aug. 24.|
|The Duke of York's deed of feoffment of a tract of land 12 miles south from Newcastle to the Whorekills, to William Penn. Vo. Repr. Penn. xxxvii.||1682, Aug. 24.|
|A commission to Thomas Lord Culpeper to be lieutenant and governor-general of Virginia. M. S.||1682, Nov. 27. 34. Car. 2.|
|An act of union for annexing and uniting of the counties of Newcastle, Jones's and Whorekill's alias Deal, to the|
[ 320 ]
|province of Pennsylvania, and of naturalization of all foreigners in the province and counties aforesaid.||1682, 10th month, 6th day.|
|1682, Dec. 6.||An act of settlement.|
|1683, Apr. 2.||The frame of the government of the province of Pennsylvania and territories thereunto annexed in America.|
|Proceedings of the committee of trade and plantations in the dispute between Lord Baltimore and Mr. Penn. Vo. R. P. xiii–xviii.|
|1683, July 17.||A commission by the proprietors of East-New-Jersey to Robert Barclay to be governor. Sm. N. J. 166.|
|1683, July 26. 35. Car. 2.||An order of council for issuing a quo warranto against the charter of the colony of the Massachuset's bay in New-England, with his majesty's declaration that in case the said corporation of Masschuset's bay shall before prosecution had upon the same quo|
[ 321 ]
|warranto make a full submission and entire resignation to his royal pleasure, he will then regulate their charter in such a manner as shall be for his service and the good of that colony. Title in Amer. library. 139. 6.|
|A commission to Lord Howard of Effingham to be lieutenant and governor-general of Virginia. M. S.||1683, Sept. 28. 35. Car. 2.|
|The humble address of the chief governor, council and representatives of the island of Nevis, in the West-Indies, presented to his majesty by Colonel Netheway and Captain Jefferson, at Windsor, May 3, 1684. Title in Amer. libr. 142. 3. cites Lond. Gaz. No. 1927.||1684, May 3.|
|A treaty with the Indians at Albany.||1684, Aug. 2.|
|A treaty of neutrality for America between France and England. 7. Corps. Dipl. part 2. p. 44. 2. Mem. Am. 40.||1686, Nov. 16.|
|By the king, a proclamation for the more effectual||1687, Jan. 20.|
[ 322 ]
|reducing and suppressing of pirates and privateers in America, as well on the sea as on the land in great numbers, committing frequent robberies and piracies, which hath occasioned a great prejudice and obstruction to trade and commerce, and given a great scandal and disturbance to our government in those parts. Title Amer. libr. 147. 2. cites Lond. Gaz. No. 2315.|
|1687, Feb. 12.||Constitution of the council of proprietors of West-Jersey. Smith's N. Jersey. 199.|
|1687, qu. Sept. 27. 4. Jac. 2.||A confirmation of the grant of the northern neck of Virginia to Lord Culpeper.|
|1687, Sept. 5.||Governor Coxe's declaration to the council of proprietors of West-Jersey. Sm. N. J. 190.|
|1687, Dec. 16.||Provisional treaty of Whitehall concerning America between France and England. 2. Mem. de l'Am. 89.|
|1687.||Governor Coxe's narrative relating to the division line, directed to the council of|
[ 323 ]
|proprietors of West-Jersey. Sm. App. N. 4.|
|The representation of the council of proprietors of West-Jersey to Governor Burnet. Smith. App. No. 5.||1687.|
|The remonstrance and petition of the inhabitants of East-New-Jersey to the king. Sm. App. No. 8.|
|The memorial of the proprietors of East-New-Jersey to the Lords of trade. Sm. App. No. 9.|
|Agreement of the line of partition between East and West-New-Jersey. Sm. N. J. 196.||1688, Sept. 5.|
|Conveiance of the government of West-Jersey and territories by Dr. Coxe, to the West-Jersey society.||1691.|
|A charter granted by King William and Queen Mary to the inhabitants of the province of Massachuset's bay in New-England. 2. Mem. de l'Am. 593.||1691, Oct. 7.|
|The frame of government of the province of Pennsylvania and the territories thereunto||1696, Nov. 7.|
[ 324 ]
|belonging, passed by Governor Markham. Nov. 7, 1696.|
|1697, Sept. 20.||The treaty of peace between France and England, made at Ryswick. 7. Corps Dipl. part. 2. p. 399. 2. Mem. Am. 89.|
|1699, July 5.||The opinion and answer of the lords of trade to the memorial of the proprietors of East-New-Jersey. Sm. App. No. 10.|
|1700, Jan. 15.||The memorial of the proprietors of East-New-Jersey to the Lords of trade. Sm. App.
The petition of the proprietors of East and West-New-Jersey to the Lords justices of England. Sm. App. No. 12.
|1700, W. 3.||A confirmation of the boundary between the colonies of New-York and Connecticut, by the crown.|
|1701, Aug. 12.||The memorial of the proprietors of East and West-Jersey to the king. Sm. App. No. 14.|
[ 325 ]
|Representation of the lords of trade to the lords justices. Sm. App. No. 13.||1701, Oct. 2.|
|A treaty with the Indians.||1701.|
|Report of lords of trade to king William of draughts of a commission and instructions for a governor of New-Jersey. Sm. N. J. 262.||1701-2, Jan. 6.|
|Surrender from the proprietors of E. and W. N. Jersey of their pretended right of government to her majesty Q. Anne. Sm. N. J. 211.||1702, Apr. 15.|
|The Queen's acceptance of the surrender of government of East and West-Jersey. Sm. N. J. 219.||1702, Apr. 17.|
|Instructions to lord Cornbury. Sm. N. J. 230.||1702, Nov. 16.|
|A commission from Queen Anne to Lord Cornbury, to be captain-general and governor in chief of New-Jersey. Sm. N. J. 220.||1702, Dec. 5.|
|Recognition by the council of proprietors of the true boundary of the deeds of Sept. 10 and Oct. 10, 1677. (New-Jersey). Sm. N. J. 96.||1703, June 27.|
[ 326 ]
|1703.||Indian deed for the lands above the falls of the Delaware in West-Jersey.|
|Indian deed for the lands at the head of Rankokus river in West-Jersey.|
|1704, June 18.||A proclamation by Queen Anne for settling and ascertaining the current rates of foreign coins in America. Sm. N. J. 281.|
|1705, May 3.||Additional instructions to Lord Cornbury. Sm. N. J. 235.|
|1707, May 3.||Additional instructions to Lord Cornbury. Sm. N. J. 258.|
|1707, Nov. 20.||Additional instructions to Lord Cornbury. Sm. N. J. 259.|
|1707.||An answer by the council of proprietors for the western division of New-Jersey, to questions, proposed to them by Lord Cornbury. Sm. N. J. 285.|
|1708-9, Feb. 28.||Instructions to Colonel Vetch in his negociations with the governors of America. Sm. N. J. 364.|
|1708-9, Feb. 28.||Instructions to the governor of New-Jersey and New-York. Sm. N. J. 361.|
[ 327 ]
|Earl of Dartmouth's letter to governor Hunter.||1710, Aug.|
|Premieres propositions de la France. 6. Lamberty, 669. 2. Mem. Am. 341.||1711, Apr. 22.|
|Réponses de la France aux demandes préliminaires de la Grande-Bretagne. 6. Lamb. 681. 2. Mem. Amer. 344.||1711, Oct. 8.|
|Demandes préliminaires plus particulieres de la Grande-Bretagne, avec les réponses. 2. Mem. de l'Am. 346.||1711, Sept. 27.
|L'acceptation de la part de la Grande-Bretagne. 2. Mem. Am. 356.||1711, Sept. 27.
|The queen's instructions to the Bishop of Bristol and Earl of Strafford, her plenipotentiaries, to treat of a general peace. 6. Lamberty, 744. 2. Mem. Am. 358.||1711, Dec. 23.|
|A memorial of Mr. St. John to the Marquis de Torci, with regard to North America, to commerce, and to the suspension of arms. 7. Recueil de Lamberty, 161. 2. Mem. de l'Amer. 376.||1712, May 24.
[ 328 ]
|1712, June 10.||Réponse du roi de France au memoire de Londres. 7. Lamberty, p. 163. 2. Mem. Am. 380.|
|1712, Aug. 19.||Traité pour une suspension d'armes entre Louis XIV. roi de France, Anne, reigne de la Grande-Bretagne, fait à Paris. 8. Corps Diplom. part. 1. p. 308. 2. Mem. d'Am. 104.|
|1712, Sept. 10.||Offers of France to England, demands of England, and the answers of France. 7. Rec. de Lamb. 491. 2. Mem. Am. 390.|
|1713, Mar. 31.
|Traité de paix d'amitié entre Louis XIV. roi de France, Anne, reine de la Grande-Bretagne, fait à Utrecht. 15. Corps Diplomatique de Dumont, 339. id. Latin. 2. Actes memoires de la pais d'Utrecht, 457. id. Lat. Fr. 2. Mem. Am. 113.|
|1713, Mar. 31.
|Traité de navigation de commerce entre Louis XIV. roi de France, Anne, reine de la Grande-Bretagne. Fait à Utrecht. 8. Corps. Dipl. part. 1. p. 345. 2. Mem. de l'Am. 137.|
[ 329 ]
|A treaty with the Indians.||1726.|
|The petition of the representatives of the province of New-Jersey, to have a distinct governor. Sm. N. J. 421.||1728, Jan.|
|Deed of release by the government of Connecticut to that of New-York.||1732, G. 2.|
|The charter granted by George II. for Georgia. 4. Mem. de l'Am. 617.||1732, June 9-20. 5. G. 2.|
|Petition of Lord Fairfax, that a commission might issue for running and marking the dividing line between his district and the province of Virginia.||1733.|
|Order of the king in council for Commissioners to survey and settle the said dividing line between the proprietary and royal territory.||1733, Nov. 29.|
|Report of the lords of trade relating to the separating the government of the province of New-Jersey from New-York. Sm. N. J. 423.||1736, Aug. 5.|
|Survey and report of the commissioners appointed on the part of the crown to settle||1737, Aug. 10.|
[ 330 ]
|the line between the crown and Lord Fairfax.|
|1737, Aug. 11.||Survey and report of the commissioners appointed on the part of Lord Fairfax to settle the line between the crown and him.|
|1738, Dec. 21.||Order of reference of the surveys between the crown and Lord Fairfax to the council for plantation affairs.|
|1744, June||Treaty with the Indians of the 6 nations at Lancaster.|
|1745, Apr. 6.||Report of the council for plantation affairs, fixing the head springs of Rappahanoc and Patowmac, and a commission to extend the line.|
|1745, Apr. 11.||Order of the king in council confirming the said report of the council for plantation affairs.|
|1748, Apr. 30.||Articles préliminaires pour parvenir à la paix, signés à Aix-la-Chapelle entre les ministres de France, de la Grande-Bretagne, des Provinces-Unies des Pays-Bas. 2. Mem. de l'Am. 159.|
|1748, May 21.||Declaration des ministres de France, de la|
[ 331 ]
|Grande-Bretagne, des Provinces-Unies des Pays-Bas, pour rectifier les articles I. II. des préliminaires. 2. Mem. Am. 165.|
|The general and definitive treaty of peace concluded at Aix-la-Chapelle. Lond. Mag. 1748. 503 French. 2. Mem. Am. 169.||1748, Oct. 7-18. 22. G. 2.|
|A treaty with the Indians.||1754.|
|A conference between Governor Bernard and Indian nations at Burlington. Sm. N. J. 449.||1758, Aug. 7.|
|A conference between Governor Denny, Governor Bernard and others, and Indian nations at Easton. Sm. N. J. 455.||1758, Oct. 8.|
|The capitulation of Niagara.||1759, July 25. 33. G. 2.|
|The king's proclamation promising lands to souldiers.||175–|
|The definitive treaty concluded at Paris. Lond. Mag. 1763. 149.||1763, Feb. 10. 3. G. 3.|
|A proclamation for regulating the cessions made by the last treaty of peace. Guth. Geogr. Gram. 623.||1763, Oct. 7. G. 3.|
|The king's proclamation against settling on any lands on the waters, westward of the Alleghaney.||1763.|
[ 332 ]
|1768, Nov. 3.||Deed from the six nations of Indians to William Trent and others for lands betwixt the Ohio and Monongahela. View of the title to Indiana. Phil. Styner and Cist. 1776.|
|1768, Nov. 5.||Deed from the six nations of Indians to the crown for certain lands and settling a boundary. M. S.|
APPENDIX, N° I.[ 333 ]
THE preceding sheets having been submitted to my friend Mr. Charles Thomson, Secretary of Congress, he has furnished me with the following observations, which have too much merit not to be communicated.
(I.) p. 24. Besides the three channels of communication mentioned between the western waters and the Atlantic, there are two others, to which the Pennsylvanians are turning their attention; one from Presque-isle, on Lake Erié, to Le Boeuf, down the Alleghaney to Kiskiminitas, then up the Kiskiminitas, and from thence, by a small portage, to Juniata, which falls into the Susquehanna: the other from Lake Ontario to the East Branch of the Delaware, and down that to Philadelphia. Both these are said to be very practicable: and, considering the enterprising temper of the Pennsylvanians, and particularly of the merchants of Philadelphia, whose object is concentered in promoting the commerce and trade of one city, it is not [ 334 ]
(2.) p. 28. The reflections I was led into on viewing this passage of the Patowmac through the Blue ridge were, that this country must have suffered some violent convulsion, and that the face of it must have been changed from what it probably was some centuries ago: that the broken and ragged faces of the mountain on each side the river; the tremendous rocks, which are left with one end fixed in the precipice, and the other jutting out, and seemingly ready to fall for want of support; the bed of the river for several miles below obstructed, and filled with the loose stones carried from this mound; in short, every thing on which you cast your eye evidently demonstrates a disrupture and breach in the mountain, and that, before this happened, what is now a fruitful vale, was formerly a great lake or collection of water, which possibly might have here formed a mighty cascade, or had its vent to the ocean by the Susquehanna, where the Blue ridge seems to terminate. Besides this, there are other parts of this country which bear evident traces of a like convulsion. From the best accounts I have been able to obtain, the place where the Delaware now flows [ 335 ][ 336 ] [ 337 ]
[3.] p. 57. There is a plant, or weed, called the * James town weed, of a very singular quality. The late Dr. Bond informed me, that he had under his care a patient, a young girl, who had put the seeds of this plant into her eye, which dilated the pupil to such a degree, that she could see in the dark, but in the light was almost blind. The effect that the leaves had when eaten by a ship's crew that arrived at James town, are well known †.
[ 338 ]
[4.] p. 107. Mons. Buffon has indeed given an afflicting picture of human nature in his description of the man of America. But sure I am there never was a picture more unlike the original. He grants indeed that his stature is the same as that of the man of Europe. He might have admitted, that the Iroquois were larger, and the Lenopi, or Delawares, taller than people in Europe generally are. But he says their organs of generation are smaller and weaker than those of Europeans. Is this a fact? I believe not; at least it is an observation I never heard before.— 'They have no beard.' Had he known the pains and trouble it costs the men to pluck out by the roots the hair that grows on their faces, he would have seen that nature had not been deficient in that respect. Every nation has its customs. I have seen an Indian beau, with a looking-glass in his hand, examining his face for hours together, and plucking out by the roots every hair he could discover, with a kind of tweezer made of a piece of fine brass wire, that had been twisted round a stick, and which he used with great dexterity.— 'They have no ardour for their female.' It is true, they do not indulge those excesses, nor discover that fondness which is customary in Europe; but this is not owing to a defect in nature, [ 339 ][ 340 ] [ 341 ] [ 342 ]
[5.] pa. 156. As far as I have been able to learn, the country from the sea coast to the Alleghaney, and from the most southern [ 343 ][ 344 ] [ 345 ] [ 346 ]
[ 347 ][ 348 ]
To the northward of these there was another powerful nation, which occupied the country from the head of the Chesapeak-bay up to the Kittatinney mountain, and as far eastward as Connecticut river, comprehending that part of New-York which lies between the highlands and the ocean, all the state of New-Jersey, that part of Pennsylvania which is watered, below the range of the Kittatinney mountains, by the rivers or streams falling into the Delaware, and the county of Newcastle in the state of Delaware, as far as Duck creek. It is to be observed, that the nations of Indians distinguished their countries one from another by natural boundaries, such as ranges of mountains, or streams of water. But as the heads of rivers frequently interlock, or approach near to each other, as those who live upon a stream claim the country watered by it, they often encroached on each other, and this is a constant source of war between the different nations. The nation occupying the tract of country last described, called themselves Lenopi. The French writers call them Loups; and among the English they are now commonly called Delawares. This nation or confederacy consisted of five tribes, [ 349 ][ 350 ] [ 351 ] [ 352 ] [ 353 ]
[6.] Pa. 162. From the figurative language of the Indians, as well as from the practice of those we are still acquainted with, it is evident that it was, and still continues to be, a constant custom among the Indians to gather up the bones of the dead, and deposit 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 say, 'We now gather up all the bones of those who have been slain, and bury them, c.' See all the treaties of peace. Besides, it is customary when any of them die at a distance from home, to bury them, and afterwards to come and take up the bones, and carry them home. At a treaty which was held at Lancaster with the six nations, one of them died, and was buried in the woods a little distance from the town. Some time after a party came and cook up the body, separated the flesh from the bones by boiling and scraping them clean, and carried them to be deposited in the sepulchres of their ancestors. The operation was so offensive and disagreeable, that [ 354 ]
[7.] 3 Pa. 173. The Oswegàtchies, Connosedàgos and Cohunnegàgoes, or, as they are commonly called, Caghnewàgos, are of the Mingo or Six-nation Indians, who, by the influence of the French missionaries, have been separated from their nation, and induced to settle there.
I do not know of what nation the Augquàgahs are; but suspect they are a family of the Senecas.
The Nànticocks and Conòies were formerly of a nation that lived at the head of Chesapeak bay, and who, of late years, have been adopted into the Mingo or Iroquois confederacy, and make a seventh nation. The Monacans or Tuscaroras, who were taken into the confederacy in 1712, making the sixth
The Saponies are families of the Wanamies, who removed from New-Jersey, and, with the Mohiccons, Munsies, and Delawares, belong to the Lenopi nation. The Mingos are a war colony from the six nations; so are the Cohunnewagos.
[ 355 ]
Of the rest of the northern tribes I never have been able to learn any thing certain. But all accounts seem to agree in this, that there is a very powerful nation distinguished by a variety of names taken from the several towns or families, but commonly called Tàwas or Outawas, who speak one language, and live round and on the waters that fall into the western lakes, and extend from the waters of the Ohio quite to the waters falling into Hudson's bay.
N° II.[ 356 ]
In the Summer of the Year 1783, it was expected, that the ASSEMBLY OF VIRGINIA would call a CONVENTION for the Establishment of a CONSTITUTION. The following DRAUGHT of a FUNDAMENTAL CONSTITUTION for the COMMONWEALTH OF VIRGINIA was then prepared, with a Design of being proposed in such Convention, had it taken place.
TO the Citizens of the Commonwealth of Virginia, and all others whom it may concern, the Delegates for the said Commonwealth in Convention assembled, send greeting.
It is known to you, and to the world, that the government of Great Britain, with which the American States were not long since connected, assumed over them an authority unwarrantable and oppressive; that they endeavoured to enforce this authority by arms, and that the States of New Hampshire, Massachusets, Rhode island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South [ 357 ][ 358 ]
We therefore, the delegates, chosen by the said good people of this state for the purpose aforesaid, and now assembled in general convention, do, in execution of the authority with which we are invested, establish the following constitution and fundamentals of government for the said state of Virginia.
The said state shall for ever hereafter be governed as a commonwealth.
The powers of government shall be divided into three distinct departments, each of them to be confided to a separate body of magistracy; to wit, those which are legislative to one, those which are judiciary to another, and those which are executive to another. No person, or collection of persons, being of one of these departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly permitted.
[ 359 ]
The legislature shall consist of two branches, the one to be called the House of Delegates, the other the Senate, and both together the General Assembly. The concurrence of both of these, expressed on three several readings, shall be necessary to the passage of a law.
Delegates for the general assembly shall be chosen on the last Monday of November in every year. But if an election cannot be concluded on that day, it may be adjourned from day to day till it can be concluded.
The number of delegates which each county may send shall be in proportion to the number of its qualified electors; and the whole number of delegates for the state shall be so proportioned to the whole number of qualified electors in it, that they shall never exceed 300, nor be fewer than 100. Whenever such excess or deficiency shall take place, the House of Delegates so deficient or excessive shall, notwithstanding this, continue in being during its legal term; but they shall, during that term, re-adjust the proportion, so as to bring their number within the limits beforementioned at the ensuing election. If any county be reduced in its qualified electors below the number authorized to send one delegate, let it be annexed to some adjoining county.
[ 360 ]
For the election of senators, let the several counties be allotted by the senate, from time to time, into such and so many districts as they shall find best; and let each county at the time of electing its delegates, chuse senatorial electors, qualified as themselves are, and four in number for each delegate their county is entitled to send, who shall convene, and conduct themselves, in such manner as the legislature shall direct, with the senatorial electors from the other counties of their district, and then chuse, by ballot, one senator for every six delegates which their district is entitled to chuse. Let the senatorial districts be divided into two classes, and let the members elected for one of them be dissolved at the first ensuing general election of delegates, the other at the next, and so on alternately for ever.
All free male citizens, of full age, and sane mind, who for one year before shall have been resident in the county, or shall through the whole of that time have possessed therein real property of the value of or shall for the same time have been enrolled in the militia, and no others, shall have a right to vote for delegates for the said county, and for senatorial electors for the district. They shall give their votes personally, and vivȃ voce.
[ 361 ]
The general assembly shall meet at the place to which the last adjournment was, on the 42d day after the day of the election of delegates, and thenceforward at any other time or place on their own adjournment, till their office expires, which shall be on the day preceding that appointed for the meeting of the next general assembly. But if they shall at any time adjourn for more than one year, it shall be as if they had adjourned for one year precisely. Neither house, without the concurrence of the other, shall adjourn for more than one week, nor to any other place than the one at which they are sitting. The governor shall also have power, with the advice of the council of state, to call them at any other time to the same place, or to a different one, if that shall have become, since the last adjournment, dangerous from an enemy, or from infection.
A majority of either house shall be a quorum, and shall be requisite for doing business: but any smaller proportion which from time to time shall be thought expedient by the respective houses, shall be sufficient to call for, and to punish, their non-attending members, and to adjourn themselves for any time not exceeding one week.
The members, during their attendance on the general assembly, and for so long a time [ 362 ]
Of this general assembly, the treasurer, attorney general, register, ministers of the gospel, officers of the regular armies of this state, or of the United States, persons receiving salaries or emoluments from any power foreign to our confederacy, those who are not resident in the county for which they are chosen delegates, or districts for which they are chosen senators, those who are not qualified as electors, persons who shall have committed treason, felony, or such other crime as would subject them to infamous punishment, or who shall have been convicted by due [ 363 ]
Any member of the said assembly accepting any office of profit under this state, or the United States, or any of them, shall thereby vacate his seat, but shall be capable of being re-elected.
Vacancies occasioned by such disqualifications, by death, or otherwise, shall be supplied by the electors, on a writ from the speaker of the respective house.
The general assembly shall not have power to infringe this constitution; to abridge the civil rights of any person on account of his religious belief; to restrain him from professing and supporting that belief, or to compel him to contributions, other than those be shall have personally stipulated, for the support of that or any other; to ordain death for any crime but treason or murder, or military offences; to pardon, or give a power of pardoning persons duly convicted of treason or felony, but instead thereof they may substitute one or two new trials, and no more; to pass laws for punishing actions done before the existence of such laws; to [ 364 ]
The general assembly shall have power to sever from this state all or any part of its territory westward of the Ohio, or of the meridian of the mouth of the great Kanhaway, and to cede to Congress one hundred square miles of territory in any other part of this state, exempted from the jurisdiction and government of this state so long as Congress shall hold their sessions therein, or in any territory adjacent thereto, which may be ceded to them by any other state.
They shall have power to appoint the speakers of their respective houses, treasurer, auditors, attorney-general, register, all general officers of the military, their own clerks and serjeants, and no other officers, except where, in other parts of this constitution, such appointment is expressly given them.
The executive powers shall be exercised by a governor, who shall be chosen by joint ballot of both houses of assembly, and when [ 365 ][ 366 ]
The whole military of the state, whether regular, or of militia, shall be subject to his directions; but he shall leave the execution of those directions to the general officers appointed by the legislature.
His salary shall be fixed by the legislature at the session of assembly in which he shall be appointed, and before such appointment be made; or if it be not then fixed, it shall be the same which his next predecessor in office was entitled to. In either case he may demand it quarterly out of any money which shall be in the public treasury; and it shall not be in the power of the legislature to give him less or more, either during his continuance in office, or after he shall have gone out of it. The lands, houses, and other things appropriated to the use of the governor, shall remain to his use during his continuance in office.
A council of state shall be chosen by joint ballot of both houses of assembly, who shall [ 367 ][ 368 ]
They shall annually chuse a president, who shall preside in council in the absence of the governor, and who, in case of his office becoming vacant by death or otherwise, shall have authority to exercise all his functions, till a new appointment be made, as he shall also in any interval during which the governor shall declare himself unable to attend to the duties of his office.
The Judiciary powers shall be exercised by county courts and such other inferior [ 369 ]
The judges of the High Court of Chancery, General Court, and Court of Admiralty, shall be four in number each, to be appointed by joint ballot of both houses of assembly, and to hold their offices during good behaviour. While they continue judges, they shall hold no other office or emolument, under this state, or any other state or power whatsoever, except that they may be delegated to Congress, receiving no additional allowance.
These judges, assembled together, shall constitute the Court of Appeals, whose business shall be to receive and determine appeals from the three superior courts, but to receive no original causes, except in the cases expressly permitted herein.
A majority of the members of either of these courts, and not fewer, shall be a quorum. But in the Court of Appeals nine members shall be necessary to do business. Any smaller numbers however may be authorized by the legislature to adjourn their respective courts.
[ 370 ]
They shall be allowed for the present each by the year, payable quarterly, out of any money which shall be in the public treasury. Their salaries however may be increased or abated, from time to time, at the discretion of the legislature, provided such increase or abatement shall not, by any ways or means, be made to affect, either then, or at any future time, any one of those then actually in office. At the end of each quarter their salary shall be divided into equal portions by the number of days on which, during that quarter, their respective courts sat, or should have sat, and one of these portions shall be withheld from each member for every of the said days, which, without cause allowed good by his court, he failed to attend, or departed before adjournment without their leave. If no court should have been held during the quarter, there shall be no deduction.
There shall moreover be a court of Impeachments to consist of three members of the council of state, one of each of the superior Courts of Chancery, Common Law, and Admiralty, two members of the House of Delegates and one of the Senate, to be chosen by the body respectively of which they are. Before this court any member of the three branches of government, that is [ 371 ]
The justices or judges of the inferior courts already erected, or hereafter to be erected, shall be appointed by the governor, on advice of the council of state, and shall hold their offices during good behaviour, or the existence of their court. For breach of the good behaviour, they shall be tried according to the laws of the land, before the Court of Appeals, who shall be judges of the fact as well as of the law. The only sentence they shall have authority to pass, shall be that of deprivation and future incapacity of office, and two thirds of the members present must concur in this sentence.
[ 372 ]
All courts shall appoint their own clerks, who shall hold their offices during good behaviour, or the existence of their court: they shall also appoint all other their attending officers to continue during their pleasure. Clerks appointed by the supreme or the superior courts shall be removeable by their respective courts. Those to be appointed by other courts shall have been previously examined, and certified to be duly qualified, by some two members of the general court, and shall be removeable for breach of the good behaviour by the Court of Appeals only, who shall be judges of the fact as well as of the law. Two-thirds of the members present must concur in the sentence.
The justices or judges of the inferior courts may be members of the legislature.
The judgment of no inferior court shall be final, in any civil case, of greater value than 50 bushels of wheat, as last rated in the general court for settling the allowance to the members of the general assembly, nor in any case of treason, felony, or other crime which would subject the party to infamous punishment.
In all causes depending before any court, other than those of impeachments, of appeals, and military courts, facts put in issue [ 373 ]
Fines, amercements, and terms of imprisonment left indefinite by the law, other than for contempts, shall be fixed by the jury, triers of the offence.
The governor, two councellors of state, and a judge from each of the superior Courts of chancery, Common Law, and Admiralty, shall be a council to revise all bills which shall have passed both houses of assembly, in which council the governor, when present, shall preside. Every bill, before it becomes a law, shall be presented to this council, who shall have a right to advise its rejection, returning the bill, with their advice and reasons in writing, to the house in which it originated, who shall proceed to reconsider the said bill. But if after such reconsideration, two thirds of the house shall be of opinion the bill should pass finally, they shall pass and send it, with the advice and written reasons of the said council of revision to the other house, wherein, if two thirds also shall be of [ 374 ]
The bills which they approve shall become law from the time of such approbation, and shall then be returned to, or demandable by, the clerk of the House of Delegates, to be filed of record in his office.
A bill rejected on advice of the Council of Revision may again be proposed, during the same session of assembly, with such alterations as will render it conformable to their advice.
The members of the said Council of Revision shall be appointed from time to time by the board or court of which they respectively are. Two of the executive and two of the judiciary members shall be requisite to do business: and to prevent the evils of non-attendance, the board and courts may, [ 375 ]
The Confederation is made a part of this constitution, subject to such future alterations as shall be agreed to by the legislature of this state, and by all the other confederating states.
The delegates to Congress shall be five in number; any three of whom, and no fewer, may be a representation. They shall be appointed by joint ballot of both houses of assembly for any term not exceeding one year, subject to be recalled, within the term, by joint vote of both the said houses. They may at the same time be members of the legislative or judiciary departments, but not of the executive.
The benefits of the writ of Habeas Corpus shall be extended, by the legislature, to every person within this state, and without fee, and shall be so facilitated that no person may be detained in prison more than ten days after he shall have demanded and been refused such writ by the judge [ 376 ]
The military shall be subordinate to the civil power.
Printing-presses shall be subject to no other restraint than liableness to legal prosecution for false facts printed and published.
Any two of the three branches of government concurring in opinion, each by the voices of two thirds of their whole existing number, that a convention is necessary for altering this constitution, or correcting breaches of it, they shall be authorized to issue writs to every county for the election of so many delegates as they are authorized to send to the General Assembly, which elections shall be held, and writs returned, as the laws shall have provided in the case of elections of Delegates to assembly, mutatis mutandis, and the said Delegates shall meet at the usual place of holding assemblies, three months after the date of such writs, and shall be acknowledged to have equal powers with this present convention. The said writs shall be signed by all the members approving the same.
[ 377 ]
To introduce this government, the following special and temporary provision is made.
This convention being authorised only to amend those laws which constituted the form of government, no general dissolution of the whole system of laws can be supposed to have taken place: but all laws in force at the meeting of this convention, and not inconsistent with this constitution, remain in full force, subject to alterations by the ordinary legislature.
The present General Assembly shall continue till the 42d day after the last Monday of November in this present year. On the said last Monday of November in this present year, the several counties shall, by their electors, qualified as provided by this constitution, elect delegates, which for the present shall be, in number, one for every militia of the said county, according to the latest returns in possession of the governor, and shall also chuse senatorial electors in proportion thereto, which senatorial electors shall meet on the 14th day after the day of their election, at the Court-house of that County of their present district which would stand first in an alphabetical arrangement of their counties, and shall chuse senators in the proportion fixed by this constitution. The elections and returns shall be [ 378 ]
The present Governor shall continue in office to the end of the term for which he was elected.
All other officers of every kind shall continue in office as they would have done had their appointment been under this constitution, and new ones, where new are hereby called for, shall be appointed by the authority to which such appointment is referred. One of the present judges of the general court, he consenting thereto, shall by joint ballot of both houses of assembly, at their first meeting, be transferred to the High Court of Chancery.
N° III.[ 379 ]
An ACT for establishing RELIGIOUS FREEDOM, passed in the Assembly of Virginia in the beginning of the year 1786.
WELL aware that Almighty God hath created the mind free; that all attempts to influence it by temporal punishments or burthens, or by civil incapacitations, tend only to beget habits of hypocrisy and meanness, and are a departure from the plan of the Holy Author of our religion, who, being Lord both of body and mind, yet chose not to propagate it by coercions on either, as was in his Almighty power to do; that the impious presumption of legislators and rulers, civil as well as ecclesiastical, who, being themselves but fallible and uninspired men have assumed dominion over the faith of others, setting up their own opinions and modes of thinking as the only true and infallible, and as such endeavouring to impose them on others, hath established and maintained false religions [ 380 ][ 381 ]
[ 382 ]
Be it therefore enacted by the General Assembly, That no man shall be compelled to frequent or support any religious worship, place or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities.
And though we well know that this Assembly, elected by the people for the ordinary purposes of legislation only, have no power to restrain the acts of succeeding Assemblies, constituted with powers equal to our own, and that therefore to declare this act irrevocable, would be of no effect in law, yet we are free to declare, and do declare, that the rights hereby asserted are of the natural rights of mankind, and that if any act shall be hereafter passed to repeal the present, or to narrow its operation, such act will be an infringement of natural right.