Virginia gave a farther reward and encouragement at this time to the first fettlers, for the perils they had undergone in the establishment of their fettlement, of a tract of one thousand acres, called a preemption right, to be laid off adjoining to the fettlement of four hundred acres, the grantee 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 unlocated land, upon condition of certain fums of the depreciated continental currency being paid into the treasury, at so much for one hundred acres. The great plenty and little 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 neceffary, in the management of this bufinefs, that care fhould be taken to prevent that perplexity and litigation, which the vague manner in which that bufinefs was executed in many inftances would neceffarily produce. For this purpose, three principal furveyors were appointed, who were to lay, or caufe to be laid off, by their deputies, the different locations within the limits of their dittricts: this being done, and recorded in the office, the original survey was fent to the deputy register's office, there to be recorded; from thence it was fent to the principal regifter's office at Richmond, the feat of government, there to remain twelve months, in order that any perfon having a claim, by virtue of a prior location, might have an opportunity to enter a caveat, and prevent a furreptitious grant from iffuing. Commiffioners were alfo fent to adjust the claims of fettlement and pre-emption rights; by which means order was preferved, and the government fettled, of a diftrict 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 supposed that in Kentucky alone, not lefs than twelve thousand perfons became fettlers; feveral Europeans from France, England, and Ireland, were among the number. In 1783, 1784, and 1785, great part of the country was furveyed and patented, and the people in the interior fettlements pursued their bufinefs in as much quiet and fafety as they could have done in any part of Europe. Court-houses were built in the different countics, and roads were opened for car riages, which feven years before had not been seen in the country. The roads prior to that time being barely fufficient for fingle horses to travel on.

In 1785, the district had grown so confiderable from the great num. ber of emigrants which had arrived, and that refpectability which it had acquired, that it produced a difpofition in the inhabitants to become an independent State, and to be admitted as another link in the great federal chain. A convention was immediately formed by fending deputies from the different counties, who met at Danville, for the purpofe of taking the matter into confideration; when it was determined, after fone debating, to petition Virginia for that purpose. However, this bufinefs was procraftinated; for finding, though they might feparate whenever they chofe, yet that it was optional with the legiflature of Virginia to recommend them to be taken into the federal 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 anfwer the purpofe of felling the land, and fetting 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 weftern fide of the Ohio. In 1788 and 1789, fome farther furveying was done; but little fince has been tranfacted in thofe 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 perio! they formed but one colony. A few adventurers emigrated from the Maffachusetts, and fettled round Cape Fear, about the time of the reftoration. 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 themselves entitled to the fame "civil privileges" as those of the country whence they had emigrated. For years they experienced the complicated miferies of want. They folicited the aid of their countrymen; and the general court, with an attention and humanity which did it the greatest honour, ordered 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 thofe, to whom he was greatly in

debted

debted, with a liberality that cost him little. The pretence, which had been used on former occafions, of a pious zeal for the propagation of the gospel among the Indians, was fuccefsfully employed to procure a grant of the immenfe region lying between the 36° of north latitude, and the river St. Matheo under the 31o. 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 Berk ey, Lord Afhley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, as abfolute lords proprietaries for ever, faving 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 first meeting in May; and, at the defire of the NewEngland people above-mentioned, published proposals to all that would plant in Carolina. They declared, that all perfons settling 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 submitting to the government of the proprietaries-that the emigrants might present 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 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 validity after the publication of the diffent of the proprietaries-that every one fhould enjoy the most perfect 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 half-penny an acre-and that the fame freedom from customs, 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 Albemarle, within the boundaries of which, a fmall plantation, of the New-Englanders probably, had been established for fome years, on the north-eastern fhores of the rive Chowan. Sir William Berkley repaired to the county, confirmed and granted lands on the conditions before mentioned, appointed Mr. Drummond, the first governor, and likewife other officers, and then returned to Virginia.

The affembly being diffatisfied with the tenures by which they held their lands, petitioned the proprietaries, that the people of AlbeVOL. III,

D

marle

marle might hold their poffeffions on the fame terms on which the Virginians enjoyed theirs, which was granted.

In 1665, the proprietaries appointed John Yeamans, a refpectable planter of Barbadoes, commander in chief of Clarendon county, ftretching from Cape Fear to the river St. Matheo, and he was at the fame time created a baronet. To fecure its profperity, the fame powers were conferred, and the fame conftitution established, as thofe which had made Albemarle happy.

A fettlement was alfo projected to the fouthward of Cape Romain, which acquired the name of Carteret.. Thus a variety of feparate and independent colonies, each of which had its own government, its own affembly, its own cuftoms and laws, were established in Carolina.

In June the proprictaries obtained a fecond charter, which recited and confirmed the former. They were enabled to make laws for-the province, with the confent of the freemen or their delegates; and likewife to grant titles of honour by the creation of a nobility. No one prerogative of the crown was referved, except the fovereign deminion.

Samuel Stephens, Efq. was appointed governor of Albemarle in October 1667, and was commanded to act agreeable to the advice of a council of twelve, the one half of which he was to appoint, the other was to be chofen by the affembly. The Affembly was to be compofed of the governor, the council, and twelve delegates chofen annually by the freeholders. Various regulations provided for the fecurity of property; and no taxes were to be impofed without the confent of the Affembly. The proprietaries might mean no more, than that neither they, nor the governor and council, fhould impofe taxes without the confent of the Affembly; but the mode of expreffion tended to confirm the people at large in the opinion of their being exempted from all taxes which had not the confent of their own Affembly. The fettlers had their lands confirmed, and granted to be now held by the free tenure of foccage, expreffing a certain rent and independence. All men are declared entitled to equal privileges, on taking the oath of allegiance to the king, and of fidelity to the pro prietaries.

It was not till 1669 that an Affembly conftituted as above mentioned was convened; when it was enacted, "none fhould be fued during five years for any cause of action arising out of the country, and none fhall accept a power of attorney, to receive the debts

contracted

contracted abroad." Hence this colony was long confidered as the refuge of the criminal, and the afylum of the fugitive debtor.

The proprietaries at length, diffatisfied with every system which they had hitherto devised for the government of their province, figned in July a body of fundamental constitutions compiled by the celebrated Locke, giving as a reason, "That we may establish a government agreeable to the monarchy of which Carolina is a part, and may avoid making too numerous a democracy."

By this edit a palatine was to be chofen from among the proprietaries for life; who was to act as prefident of the palatine court, compofed of the whole, which was intrufted with the execution of the powers of the charter. A body of hereditary nobility was created, and denominated landgraves and caciques; the former were to be invested with four baronies, each confifting of twelve thoufand acres, the latter to have two, containing one half of that quantity; and these estates were to defcend with the dignities infeparable. There were to be as many landgraves as counties, and twice as many caciques, but no more. Two fifths of the counties, ftyled figniories and baronies, were to be poffeffed by the nobility; the other three fifths, called the colonies, were to be left among the people.

The provincial legislature, dignified with the name of Parliament, was to be biennial, and to confift of the proprietaries or landgraves, or the deputy of each, of the cacique nobility and of the reprefentatives of the freeholders of every district, who were to meet in one apartment, and every member to enjoy an equal vote: but no bufinefs was to be propofed till it had been debated in the grand council, whofe duty it was to prepare bills for parliamentary confideration. The Grand Council was to be compofed of the governor, the nobility, and the deputies of the proprietaries (thefe being abfent,) and was invefted with the executive of the province. The Church of England was alone to be allowed a public maintenance by Parliament; but every congregation might tax its own members for the fupport of its own minifters; and to every one was allowed, perfect freedom in religion. However the most degrading flavery was introduced, by investing in every man the property of his Degro.*

*Locke's Works, vol. iv. p. 519, &c. $779.

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