away his flick. On his return, being asked by Powhatan, how many pen ple there were, he is faid to have replied, Count the ftars in the sky, the leaves on the trees, and the fands on the fea-fhore; for fuch is the number of the people in England.'

In pursuance of the authorities given to the company by their feveral charters, and more efpecially of that part in the charter of 1609, which authori fed them to ellablifh a form of government, they, on the 24th of July, 1721, by charter under their common feal, declared, that from thenceforward there fhould be two fupreme councils in Virginia; the one to be called the council of ftate, to be placed and difplaced by the treasurer, council in England, and company, from time to time, whofe office was to be that of affifting and advifing the governor; the other to be called the general affembly, to be convened by the governor once yearly, or oftener, which was to confift of the council of flare, and two burgeffes out of every town, hundred, or plantation, to be refpectively chosen by the inhabitants. In this, all matters were to be decided by the greater part of the votes prefent; referving to the governor a negative voice; and they were to have power to treat, co fuit and conclude on all emergent occafions concerning the public weal, and to make laws for the behoof and government of the colony, imitating and following the laws and policy of England as nearly as might be: Provided that thefe laws fhould have no force till ratified in a general quarter court of the company in England, and returned under their common feal; and declaring, that, after the government of the colony fhould be well framed and feitled, no orders of the courcil in England fhould bind the colony, unlefs ratified by the faid general affembly. The king and company quarrelled, and, by a mixture of law and force, the latter were oufled of all their rights, without retribution, after having expended one hundred thousand pounds, in eflablifhing the colony, without the fmalleft aid from government. King James fufpended their powers, by proclamation of July 15th, 1624; and Charles I. took the government into his own hands. Both fides had their partifans in the colony: But in truth, the people of the colony, in general, thought themselves little concerned in the dispute. There were three parties interefted in these feveral charters; what pafled between the firth and fecond, it was thought, could not affect the third. If the king feized on the powers of the company, they only paffed into other hands, without increafe or diminution, while the rights of the people remained as they were. But they did not remain fo long. The northern parts of their country were granted away to the lords Baltimore and Fairfax; the first of thefe obtained alfo the rights of feparate jurifdiction and government. And in 1650, the parliament, confidering tfelf as flanding in the place of their depofed king, and as having fucceeded to all his powers, without, as well as within the realm, began to affume a right over the colonies, paffing an act for inhibiting their trade with foreign nations. This fuccellion to the exercife of the kingly authority, gave the first colour for parlia mentary interference with the colonies, and produced that fatal precedent, which it continued to follow after it had retired, in other refpects, within its proper functions. When this colony, therefore, which flill maintained its oppofition to Cromwell and the parliament, was induced, in 1651, to lay down their arms, they previously fecured their most effential rights, by a folemn

convention.

This convention, entered into with arms in their hands, they fuppofed, had fecured the ancient limits of their country-its free trade-its exemption from taxation but by their own affembly, and exclufion 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 conftitution, equally dangerous, committed. The general affembly, which was compofed of the council of flate and burgeffes, fitting together and deciding by plurality of voices, was divided into two houfes, by which the council obtained a feparate negative on their laws. Appeals from their fupreme court, which had been fixed by law in their general affembly, were arbitrarily revoked to England, to be there heard before the king and council. Inftead of four hundred miles on the fea coaft, they were reduced, in the space of thirty years, to about one hundred miles. Their trade with foreigners was totally fuppreffed, and when carried to Great-Britain, was there loaded with impofts. It is unnecellary, however, to glean up the feveral inflances of ir jury, as fcattered through American and British hiftory; and the more efpecially, as by pafling on to the acceffion of the prefent king, we fhall find fpecimens of them all, aggravated, multiplied, and crowded within a fmall compafs of time, fo as to evince a fixed delign of confidering the rights of the people, whether natural, conventional or chartered, as mere nullities. The colonies were taxed internally; their effential interefts facrificed to individuals in Great-Britain; their legiflatures fufpended; charters annulled; trials by juries taken away; their perfons fubjected to transportation acrofs the Atlantic, and to trial before foreign judicatories; their fupplications for red refs thought beneath anfwer; themselves published as cowards in the councils of their mother counrty and courts of Europe; armed troops fent among them to enforce fubmiffion to thefe violences; and actual hoftilities commenced against them. No alternative was prefented but refiftance or unconditional fubmiffion. Between thefe could be no hesitation. They closed in the appeal to arms. They declared themselves independent ftates. They confederated together into one great republic; thus fecuring to every ftate the benefit of an union of their whole force. They fought-they conquered-and obtained an honourable and glorious peace.

It was not till after the peace that the defects and inefficacy of the old confederation were perceived and felt. Virginia had the honour of leading the way to a molt important reform in the government. In 1785, a propofition was made in the legiflature of this ftate, to appoint commiffioners, to meet fuch as might be appointed in the other flates, who fhould form a fyftem of commercial regulations for the United States, and recommend it to the feveral legiflatures for adoption. Commiflioners were accordingly appointed, and a request was made to the legislatures of the other fiates, to accede to the propofition. Several ftates acceded, and appointed commilfioners, who met at Annapolis, in the fummer of 1786, to confult what measures fhould be taken to unite the flates in fome efficient commercial fyllem. But, as all the flates were not reprefented, and the powers of the commiffioners were, in their opinion, too limited to propofe a fyftem of regulations, adequate to the purpofes of government, they agreed to recommend a general convention to be held at Philadelphia, the fubfequent year, with powers to frame a general plan of government for the United States.

This convention accordingly met, as propofed, and agreed upon a plan of government, to be fubmitted to the legislatures of the feveral states. In Virginia, when this plan of government came before the convention of the ftate, many of the leading characters opposed the ratification of it, with great ability and induftry. But, after a full difcullion of the fubjeft, a finall majority of a numerous convention appeared for its adoption.

THOUGH

KENTUCKY.

HOUGH the war which took lace between England and France in the year 1755, terminated fo gloriou fly to Great Britain, and fecurely for the then colonies, fill we remained ignorant of the whole of the fine coun try lying between the high hills, which rife from Great Sandy River, approximate to the Allegany mountain, and extending down the Ohio, to its confluence with the Miffifippi, and back to thofe ridges of mountains which traverfe America in a fouth-wefl-by-weft dire?ion, until they are lot in the flat lands of West Florida. However, certain men, called Long Hunters, from Virginia, and North-Carolina, by penetrating the fe mountains, which ramify into a country two hundred miles over from eafl to well, called the wilderness, were fafcinated with the beauty and luxuriance of the country on the weflern fide.

A grant had been fold by the Six Nations of Indians, to fome British commillioners at Fort Stanwix, in 1768, which comprehended this country, and which afforded the Americans a pretext for a right to fettle it; but those Indian natives who were not concerned in the grant, became diffatisfied with the profpect of a fettlement which might become fo dangerous a thorn in their fide, and committed fome mafficres upon the fit explorers of the country. However, after the expedition of Lord Dunmore, in 1774, and the battle at the mouth of the Great Kanhaway, between the army of Colonel Lewes and the confederated tribes of Indians, they were in fome measure quiet. The Alfembly of Virginia began now to encourage the peopling that diftrict of country called Kentucky, from the name of a river which runs nearly through the middle of it. This encouragement confitted in offering four hundred acres of land, to every perfun who engaged to build a cabin, clear a piece of land, and produce a crop of Indian corn. This was called a fettlement right. Some hundreds of thele fettlements were made; but, in the mean time, Mr. Richard Henderfon, of North-Carolina, a man of confiderable abilities, and more enterprife, had obtained a grant from the Cherokee tribe of Indians for this fame tract of country; and though it was contrary to the laws of the land for any private citizen to make purchafes of the Indians, fill Mr. Hender fon, perfevered in his intention of effablishing a colony of his own. ually took poffeflion of the country, with many of his followers, where he remained pretty quiet, making very little improvement, Virginia being at that time entirely occupied with the war, which had commenced between GreatBritain and the confederated States. Mol of the young men from the back feulements of Virginia and Pennfylvania, who would have migrated to this country, having engaged in the war, formed that body of men, called Riflemen; which not only checked the growth of the fettlement, but fo dried up the fources of emigration, that it was near being annihilated by the fury of the favages.

He ac

The legality of Mr. Henderfon's claim was invefligated by the State of Virginia in 1781; and though, according to exifting laws, there could be no fort of equity in it, he having acted in contempt of the State, the legislature, to avoid feuds or dillurbances, for Mr. Henderson had confiderable influence, agreed, as an indemnification for the expence and trouble he had been at, that he fhould be allowed a tract of country twelve miles fquare, lying in the forks of the Ohio and Green rivers; a tract of his own cheting.

Virginia gave a farther reward and encouragement at this time to the first fettlers, for the perils they had undergone in the elablifhment of their fettle

ment, of a tract of one thoufard acres, called a pre-emption right, to be laid off adjoining to the fettlemer; of four hundred acres, the granice only paying office fees for the fame. After this period (i. e. 1781) a land office was opened by the State, granting warrants for any quantity of unlocand Land, upon condition of certain fums of the depreciated continental currency being pad into the treafury, at so much for one hundred acres. The great plenty, antide value of this money foon caufed the whole country to be located, which was one of the material caufes of its rapid population.

It was necellary, in the management of this bufinefs, that care fhould be taken to prevent that perplexity and litigation, which the vague manner in which hat huftnefs was executed in many iilantes woula neceffarily produce. For this parp to three principal furveyors were appointed, who were to lay, or caute to be hid off, by their deputies, the different locations within the limus of th à difficis: this being done, and recorded in the office, the origi nal farvey was fort to the deputy regifler's office, there to be record d; from thence it was fent to the principal regiller's office at Richmond, the feat of government, there to remain twelve months, in order that any perfon, having a clain, by virtue of a prior location, might have an opportunity to enter a caveat, and prevent a furreptitious grant from iffing. Commoners were alfo lent to adjust the claims of fettlement and pre-exption rights: by which means order was preferved, and the government ferled, of a diáriét of country detached and separated at that time, more than two hundred miles from any other fettled country.

The years 1783 and 1784 brought out vaft numbers of emigrants from all parts of America, particularly the latter year, when it was fuppofed that in Kentucky alone, not less than twelve thoufand perfons became fettlers; feve ral Europeans from France, England and Ireland, were among the number. In 1783, 1734. and 1785. great part of the country was furveyed and pa tented, and the people in the interior feulements purfued their bufinets in as much quiet and fafety as they could have done in any part of Europe. Courehoufes were built in the different counties, and roads were opened for carri ages, which feven years ago had not been feen in the country. The roads prior to that time being barely fufficient for fingle horfes to travel on.

A cor

In 1785. the diftritt had grown fo confiderable from the great number of emigrants which had arrived, and that refpeftability which it had acquired, that it produced a difpofition in the inhabitants to become an indeperde.c flate, and to be admitted as another link to the great federal chain. vention was immediately formed by fending deputies from the different counties, who met at the Danville, for the purpose of taking the matter into confideration; when it was determined, after fome debating, to petition Virginia for that purpose. However, this bufinets was procraftinated; for finding, though they might feparate whenever they chofe, yet that it was optional with the legislature of Virginia to recommend them to be tal.en into the fede ral government, which they were not likely to do, and which it was certain could not be done without, they were content to remain as they were for that time.

The federal government in the course of the year 1785, undertook to lay off the country weft of the Ohio, in fuch a manner as would aufwer the purpofe of fe ling the land, and fettling the country; but owing to a variety of caufes, their progrefs was very flow. However, fome land was furveyed in 1786 and 1787, and in the latter year a fettlement was formed upon the Muskingum, which may be looked upon as the commencement of American

fettlements upon the western fide of the Ohio. In 1788 and 1789, fome rela farther furveying was done; but little fince has been tranfacted in those parts, except wars between the Indians and fettlers.

NORTH AND SOUTH-CAROLINA.

WE give the hiftory of the fettlement of thefe States together,

as for a very confiderable period they formed but one colony. A few ad. venterers eng ared from Maachufetts, and fettled round Cape Fear, about the time of the refloration. They confidered mere occupancy, with a transfer from the natives, without any grant from the king, as a good title to the lands which they poffeffed. They deemed themleives entitled to the fame civil privit ges" as thefe of the country whence they had emigrated. For years they exponented the complicated m feries of want. They folicited the aid of their countrymen ; and the general court, with an attention and hu manity which did it the greateft horour, oidered an extenfive contribution for their relief. But the final fettlement of the province was effected equally through the rapacity of the courtiers of Charles II. and his own facility in rewarding thole, to whom he was greatly indebted, with a liberality that coft him little. The pretence, which has been used on a former occafion, of a pious zeal for the propagation of the golpet among the Indians, was iuccessfully employed to procure a grant of the immenfe region lying between the 36° of north latitude, and the river St. Matheo under the 31°. March 24, 1663, this territory was erected into a province by the name of Carolina, and conferred on Lord Clarendon, the Duke of Albemarle, Lord Craven, Lord Berkley, Lord Afhley, Sir George Carteret, Sir John Colleton, and Sir Wilham Berkley, as abfolute lords proprietaries forever, laving the fovereign allegiance due to the crown. The charter feems to have been copied from that of Maryland, fo extenfive in its powers and fo noble in its privileges. The noblemen held their fift meeting in May; and at the defire of the NewEngland people above-mentioned, published propofais to all that would plant in Carolina. They declared, that all perfons feuling on Charles river, to the fouthward of Cape Fear. fhould have power to fortify its banks, taking the oath of allegiance to the king, and fubmitting to the government of the proprietaries that the emigrants might prefent to them thirteen perfons, in order that they might appoint a governor and council of fix for three years that an affembly, compofed of the governor, the council, and the delegates of the freemen, fhould be called as foon as circumftances would allow, with power to make laws, not contrary to thofe of England, nor of any va idity after the publication of the diffent of the proprietaries—that every one should enjoy the molt perfe&t freedom in religion that during five years, every freeman fhould be allowed one hundred acres of land, and fifty for every fervant, paying only an halfpenny an acre-and that the fame freedom from cuftoms, which had been confirmed by the royal charter, fhould be allowed to every one.

The proprietaries appointed Sir William Berkley. then Governor of Virginia, general fuperintendent of the affairs of the county of Albermarle, within the boundaries of which, a finall plantation, of the New-Englanders probably, had been established for fome years, on the north eastern fhores of the river Chowan. Sir William Berkley repaired to the county, confirmed and granted lands on the conditions before mentioned, appointed Mr. Drummond, the fift governor, and likewife other officers, and then returned to Virginia,