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The prefent militia officers fhall be continued, and vacancies fup plied, by appointment of the governor, with the advice of the privy council, on recommendations from the refpective county courts; but the governor and council fhall have a power of fufpending any officer, and ordering a court-martial on complaint of misbehaviour or inability, or to fupply vacancies of officers happening when in actual fervice.

The governor may embody the militia, with the advice of the privy council; and, when embodied, fhall alone have the direction of the militia under the laws of the country.

The two Houses of Assembly shall, by joint ballot, appoint judges of the Supreme Court of Appeals, and General Court, judges in Chancery, judges of Admiralty, fecretary and the attorney-general, to be commiflioned by the governor, and continue in office during good behaviour. In cafe of death, incapacity or refignation, the governor, with the advice of the privy council, fhall appoint perfons to fucceed in office, to be approved or difplaced by both Houfes. Thefe officers fhall have fixed and adequate falaries, and, together with all others holding lucrative offices, and all minifters of the gospel, of every denomination, be incapable of being elected members of either House of Affembly, or the privy council.

The governor, with the advice of the privy council, fhall appoint juftices of the peace for the counties; and, in cafe of vacancies, or a neceffity of increafing the number hereafter, fuch appointments to be made upon the recommendation of the respective county courts. The prefent acting fecretary in Virginia, and clerks of all the county courts, fhall continue in office. In cafe of vacancies, either by death, incapacity or refignation, a fecretary fhall be appointed as before directed, and the clerks by the refpective courts. The prefent and future clerks fhall hold their offices during good behaviour, to be judged of and determined in the General Court. The fheriffs and coroners fhall be nominated by the refpective courts, approved by the governor, with the advice of the privy council, and commiffioned by the governor. The juftices fhall appoint constables; and all fees of the aforefaid officers be regulated by law.

The governor, when he is out of office, and others offending against the State, either by mal-adminiftration, corruption or other means, by which the fafety of the State may be endangered, fhall be impeachable by the Houfe of Delegates; fuch impeachment to be profecuted by the attorney-general, or fuch other perfon or per

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fons as the Houfe may appoint, in the General Court, according to the laws of the land. If found guilty, he or they shall be either for ever disabled to hold any office under government, or be removed from fuch office pro tempore, or fubjected to such pains or penalties as the law fhall direct.

If all, or any of the judges of the General Court fhould, on good grounds to be judged of by the Houfe of Delegates, be accufed of any of the crimes or offences above mentioned, fuch House of Delegates may, in like manner, impeach the judge or judges fo accused, to be profecuted in the Court of Appeals; and he or they, if found guilty, fhall be punished in the fame manner as prefcribed in the preceding claufe.

Commiffions and grants fhall run, In the name of the Commonwealth of Virginia, and bear teft by the governor, with the feal of the Commonwealth annexed. Writs fhall run in the fame manner, and bear teft by the clerks of the feveral courts. Indictments shall conclude, Against the peace and dignity of the Commonwealth.

A treasurer fhall be appointed annually, by joint ballot of both Houses.

All efcheats, penalties and forfeitures, heretofore going to the King, fhall go the Commonwealth, fave only fuch as the legislature may abolish, or otherwife provide for.

The territories contained within the charters erecting the colonies of Maryland, Pennfylvania, North and South Carolina, are hereby ceded, released, and for ever confirmed to the people of these colonies refpectively, with all the rights of property, jurisdiction and government, and all other rights whatsoever, which might at any time heretofore have been claimed by Virginia, except the free navigation and ufe of the rivers Potomack and Pokomoke, with the property of the Virginia fhores and ftrands bordering on either of the faid rivers, and all improvements which have been or fhall be made thereon. The western and northern extent of Virginia fhall, in all other respects, stand as fixed by the charter of King James the First, in the year one thousand fix hundred and nine, and by the public treaty of peace between the Courts of Britain and France, in the year one thoufand feven hundred and fixty-three; unlefs, by act of this legiflature, one or more governments be established westward of the Allegany mountains. And no purchases of lands shall be made of the Indian natives but on behalf of the public, by authority of the General Affembly.

VOL. III.

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LAWS.

LAW S.

The following are worthy of notice, as variations from the Englift

law.

Debtors unable to pay their debts, and making faithful delivery of their whole effects, are released from their confinement, and their perfons for ever difcharged from reftraint for fuch previous debts; but any property they may afterwards acquire will be fubject to their creditors. The poor, unable to fupport themselves, are maintained by an affeffiment on the titheable perfons in their parish. A foreigner of any nation, not in open war, becomes naturalifed by moving to the State to refide, and taking an oath of fidelity, and thereby acquires every right of a native citizen. Slaves pafs by defcent and dower as lands do. Slaves, as well as lands, were entailable during the monarchy; but, by an act of the first repubJican Affembly, all donees in tail, present and future, were vested with the abfolute dominion of the entailed fubject. Gaming debts are made void, and monies actually paid to difcharge fuch debts, if they exceed forty fhillings, may be recovered by the payer within three months, or by any other perfon afterwards. Tobacco, flour, beef, pork, tar, pitch and turpentine, must be inspected by perfons publicly appointed before they can be exported.

In 1785, the Affembly enacted, that no man fhould be compelled to fupport any religious worship, place or minifter whatfoever, nor be enforced, restrained, molested or burdened in his body or goods, nor otherwife fuffer on account of his religious opinions or belief; but that all men fhould be free to profefs, and by argument to maintain, their opinion in matters of religion; and that the fame fhould in no wife diminish, enlarge or affect their civil capacities.

In October, 1786, an act was paffed by the Affembly, prohibiting the importation of flaves into the Commonwealth, upon penalty of the forfeiture of the fum of a thousand pounds for every flave. And every flave imported contrary to the true intent and meaning of this act, becomes free.

INDIANA.

INDIAN A.

INDIANA, fo called, is a tract of land lying on the Ohio river,

in the State of Virginia, ceded to William Trent and twenty-two others, by the Six Nations, and the Shawanese, Delaware and Huron tribes, as a compenfation for the loffes they had fuftained by the depredations of the latter, in the year 1763. This ceffion was made in a congrefs of the reprefentatives of the Six Nations, at Fort Stanwix, by an indenture, figned the 3d of November, 1758, witnesfing, "That for and in confideration of eighty-five thousand nine hundred and fixteen pounds, ten fhillings and eight pence, York currency, the fame being the amount of goods feized and taken by the faid Indians from the faid Trent, &c. they did grant, bargain, fell, &c. to his Majefty, his heirs and fucceffors, for the only ufe of the faid William Trent, &c. all that tract or parcel of land, beginning at the foutherly fide of the Little Kanhawa creek, where it empties itself into the river Ohio; and running thence fouth-east to the Laurel hill; thence along the Laurel hill until it strikes the river Monongahela; thence down the ftream of the faid river, according to the feveral courses thereof, to the southern boundary line of the province of Pennsylvania; thence weftwardly along the course of the faid province boundary line as far as the fame shall extend ; thence by the fame course to the river Ohio, and then down the river Ohio to the place of beginning, inclufively." This indenture was figned by fix Indian chiefs, in presence of Sir William Johnson, Governor Franklin, of New Jersey, and the commiffioners from Virginia, Pennsylvania, &c. making twelve in the whole.

Since the Indians had an undisputed title to the above limited territory, either from pre-occupancy or conqueft, and their right was expressly acknowledged by the above deed of ceffion to the crown, it is very evident that Mr. Trent, in his own right, and as attorney for the traders, has a good, lawful and fufficient title to the land granted by the faid deed of conveyance.

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This

This matter was laid before Congress in the year 1782, and a committee appointed to confider it, who, in May, reported as follows: "On the whole, your committee are of opinion that the purchases of Colonel Croghan and the Indian company, were made bona fide for a valuable confideration, according to the then usage and cuftoms of purchafing Indian lands from the Indians, with the knowledge, confent and approbation of the Crown of Great-Britain, the then government of New-York and Virginia, and therefore do recommend that it be

"Refolved, That if the faid lands are finally ceded or adjudged to the United States in point of jurifdiction, that Congrefs will confirm to fuch of the said purchasers who arc, and fhall be citizens of the United States, or either of them, their respective fhares and proportions of faid lands, making a reasonable deduction for the value of the quit rents referved by the Crown of England."

Notwithstanding this report of the committee, the question could never be brought to a decifion before Congrefs. The Federal Conftitution has, however, made provision for the determination of this bufinefs, before the Supreme Federal Court. But previous to an ap peal to this Court, the proprietors thought proper, by their agent, Colonel Morgan, who is alfo a proprietor, to prefent a memorial to the legiflature of Virginia, fetting forth their claims, and praying that the bufinefs might be equitably fettled. This memorial was prefented in November, 1790; and thus, we believe, the Indiana bufincfs refts for the prefent.

STATE

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