On Rappahannock, Urbanna, Port-Royal, Fredericksburgh, Falmouth.

On Potowmac and its waters, Dumfries, Colchester, Alexandria, Winchester, Staun

ton.

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 Chesapeake bay and its waters; and a canal of 8 or 10 miles will bring to it all that of Albemarle sound and its waters. Secondary to this place, are the towns at the head of the tide waters, to wit, Petersburgh on Appomattox. Richmond on James' river. Newcastle on York river. Alexandria on Patowmac, aud Baltimore on Patapsco. From these the distribution will be to subordinate situations in the country. Accidental circumstances however may controul the indications of nature, and in no instances do they do it more frequently than in the rise and fall of towns.

QUERY XIII.

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 six years make their dwellings or abideings; 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 in North-Carolina, and the next year dispatched seven with 107 men, who settled in Roanoke island, about lat. 35° 50. Here Okisko, king of the Weopomeiocs, in a full council of his people is said to have acknow. ledged himself the homager of the Queen of England, and, after her, of Sir Walter Raleigh. A supply of 50 men were sent in 1586, and 150 in 1587. With these last, Sir Walter sent a governor, appointed him 12 assistants, gave them a charter of incorporation, and instructed them to settle on Chesapeake bay. They landed however at Hatorask. In 1588, when a fleet was ready to sail with a new supply of colonists and necessaries, they were detained by the Queen to assist against the Spanish armada. Sir Walter having now expended 40,000l. in these enterprises, obstructed ocsasionally by the crown without a shilling of aid from it, was under a necessity of engaging others to adventure their money. He therefore, by deed bearing date the 7th of March, 1589, by the name of Sir Walter Raleigh, chief governor of Assamacomoc, (probably Acomac,) alias Wingadacoia, alias Virginia, granted to Thomas Smith and others, in consideration of their adventuring certain sums of money, liberty of trade to his

rew country, free from all customs and taxes for seven years, excepting the fifth part of the gold and silver ore to be obtained; and stipulated with them, and the other assistants, then in Virginia, that he would confirm the deed of incorporation which he had given in 1587, with all the prerogatives, jurisdictions, royalties and privileges granted to him by the Queen. Sir Walter, at different times, sent five other adventurers hither, the last of which was in 1602 : for in 1603 he was attainted, and put into close imprisonment, which put an end to his cares over his infant colony. What was the particular fate of the colonists he had before sent and seated, has never been known whether they were murdered, or incorporated with the savages.

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 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 particular notice need be taken, as it was superceded by letters patent of the same king, of May 23, 1609, to the Earl of Salisbury and others, incorporating them by the name of "the Treasurer and Company of adventurers and planters of the city of London for the first colony in Virginia,"

granting to them and their successors all the lands in Virginia from Point Comfort along the sea coast to the northward 200 miles, and from the sea coast to the southward 200 miles, and all the space from this precinct on the sea coast up into the land, west and north-west, from sea to sea, and the islands within one hundred miles of it, with all the communities, jurisdic-. tions, royalties, privileges, franchises and preeminences within the same, and thereto and thereabouts, by sea and land, appertaining in as ample manner as had before been granted to any adventurer: to be held of the king and his successors, in common soccage, yielding one fifth part of the gold and silver ore to be therein found, for ing a council in England for the direction of all manner of services; establishthe enterprise, the members of which were to be chosen and displaced by the voice of the majority of the company and adventurers, and were to have the nomination and revocation of governors, officers, and ministers, which by them should be thought needful for the colony, the power of establishing laws and forms of government and magistracy, obligatory not only within the colony, but also on the seas in going and coming to and from it; authorising them to carry thither any persons who should consent to go, freeing them forever from all taxes and impositions on any goods or merchandize on importation into the colony, or exportation out of it, except the five per cent, due for custom on all goods imported into the British dominions, according to the ancient trade of merchants; which five per cent. only being paid

they might, within 13 months re-export the same goods into foreign parts, without any custom, tax or other duty, to the king or any of his officers, or deputies; with powers of waging war against those who should annoy them; giving to the inhabitants of the colony all the rights of natural subjects, as if born and abiding in England; and declaring that these letters should be construed, in all doubtful parts in such manner as should be most for the bene. fit of the grantees.

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 latitude, and within 300 leagues of any of the parts before granted to the treasurer and company, not being possessed or inhabited by any other Christian prince or state, nor within the limits of the northern colony.

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 was to be called the general assembly to be convened by the governor once yearly or oftener, which was to consist of the council of