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lence, or even murder, committed upon thofe unhappy people by any of the planters, to have the delinquents brought to justice: for either the. grand jury refufe to find the bill, or the petit jury bring in their verdict, not guilty.

The difplay of a character thus conftituted, will naturally be in acts of extravagance, oftentation, and a difregard of œconomy; it is not extraordinary, therefore, that the Virginians out-run their incomes; and that having involved themselves in difficulties, they are frequently tempted to raise money by bills of exchange, which they know will be return ed protested, with 10 per cent. intereft,

The public or political character of the Virginians, correfponds with their private one; They are haughty and jealous of their liberties, impatient of restraint, and can fcarcely bear the thought of being controuled by any fuperior power, There are but few of them that have a turn for bufinefs, and even thofe are by no means adroit at it. I have known them, upon a very urgent occafion, vote the relief of a garrison, without once confidering whether the thing was practicable, when it was most evidently and demonftrably otherwife. In matters of commerce they are ignorant of the neceffary principles that muft prevail between a colony and the mother country; they think it a hardship not to have an unlimited trade to every part of the world. They confider the duties upon their ftaple as injurious only to themfelves; and it is utterly im-poffible to perfuade them that they affect the confumer alfo. Upon the whole, however, to do them juftice, the fame fpirit of generofity prevails here which does in their private character; they never refufe any neceffary fupplies for the fupport of government when called upon, and are a generous and loyal people.

The women are, upon the whole, rather handsome, though not to be compared with our fair country-women in England. They have but few advantages, and confequently are feldom accomplished; this makes them referved, and unequal to any interesting or refined converfation. They are immoderately fond of dancing, and indeed it is almoft the only amusement they partake of; But even in this they difcover great want

* The garrifon here alluded to, was that of Fort Loudoun, in the Cherokee country, confifting of a lieutenant, and about fifty men. This unfortunate party being befieged by the Cherokee Indians, and reduced to the laft extremity, fent off runners to the governors of Virginia and Carolina, imploring immediate fuccour; adding that it was impoffible for them to hold out above twenty days longer. The affembly of Virginia, commiferating their unhappy fituation, very readily voted a confiderable fum for their relief. With this, troops were to be levied; were to rendezvous upon the frontiers 200 miles diftant from Williamfburg; were afterwards to proceed to the fort 200 miles farther through a wilderness, where there was no road, no magazines, no posts, either to shelter the fick, or cover a retreat in cafe of any difafter; fo that the unfortunate garrison might as effectually have been fuccoured from the moon. The author taking notice of thefe difficulties to one of the members, be frankly replied, " Faith, it is true: But we have had an opportunity at least of fhowing our loyalty." In a few days after arrived the melancholy news, that this unfortunate party was entirely cut off.

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of tafte and elegance, and feldom appear with that gracefulness and eafe which these movements are fo calculated to difplay. Towards the close of an evening, when the company are pretty well tired with countrydances, it is ufual to dance jiggs; a practice originally borrowed, I am informed, from the Negroes. Thefe dances are without any method or regularity: A gentleman and lady ftand up, and dance about the room, one of them retiring, the other purfuing, then perhaps meeting, in an irregular fantastical manner. After fome time, another lady gets up, and then the first lady muft fit down, the being, as they term it, cut out : The fecond lady acts the fame part which the first did, till fomebody cuts her out, The gentlemen perform in the fame manner. The Virginian ladies, excepting their amufements, and now and then a party of pleasure into the woods to partake of a barbacue, chiefly spend their time in fewing and taking care of their families: They feldom read, or endeavour to improve their minds; however, they are in general good housewives; and though they have not, I think, quite fo much tenderness and fenfibility as the English ladies, yet they make as good wives, and as good mothers, as any in the world.' This character was drawn from perfonal obfervation, and, in general, appears to be just.

The Virginians, fays another difcerning traveller, who are rich, are in general fenfible, polite and hofpitable, and of an independent fpirit, The poor are ignorant and abject--and all are of an inquifitive turn, and in many other refpects, very much resemble the people in the eaftern ftates. They differ from them, however, in their morals; the former being much addicted to gaming, drinking, fwearing, horfe-racing, cockfighting, and moft kinds of diffipation. There is a much greater dif parity between the rich and the poor, in Virginia, than in any of the northern ftates.'

The young men, another traveller obferves, generally speaking, are gamblers, cock-fighters, and horfe-jockies. To hear them converfe, you would imagine that the grand point of all fcience was properly to fix a gaff, and touch, with dexterity, the tail of a cock while in combat. He who won the last match, the last game, or the laft horse-race, assumes the airs of a hero or German Potentate. The ingenuity of a Locke, or the discoveries of a Newton, are confidered as infinitely inferior to the accomplishments of him, who knows when to fhoulder a blind cock, or ftart a fleet horfe.' A fpirit for literary enquiries, if not altogether confined to a few, is, among the body of the people, evidently fubordinate to a spirit of gaming and barbarous fports. At almost every tavern or ordinary, on the public road, there is a billiard-table, a back-gammon table, cards, and other implements for various games. To thefe public houfes, the gambling gentry in the neighbourhood refort to kill time, which hangs heavily upon them; and at this bufinefs they are extremely expert, having been accuftomed to it from their earliest youth. The paflion for cock-fighting, a diverfion not only inhumanly barbarous, but infinitely beneath the dignity of a man of fenfe, is fo predominant, that they even advertise their matches in the public news-papers *. This * A traveller through Virginia obferves, Three or four matches were advertised in the public prints at Williamsburg; and I was witness of five in the course of my travels from that to Port Royal, 6

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diffipation of manners is the fruit of indolence and luxury, which are the fruit of the African flavery.

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Conflitution, Courts and Laws.] The executive powers are lodged in the hands of a governor, chofen annually, and incapable of acting more than three years in feven. He is affifted by a council of eight members. The judiciary powers are divided among feveral courts, as will be hereafter explained. Legiflation is exercifed by two houfes of affembly, the one called the Houfe of Delegates, compofed of two members from each county, chofen annually by the citizens poffeffing an eftate for life in 100 acres of uninhabited land, or 25 acres with a houfe on it, or in a house or 1ot in fome town: the other called the Senate, confifting of 24 members, chofen quadrennially by the fame electors, who for this purpose are diftributed into 24 districts. The concurrence of both houfes is neceffary to the paffage of a law. They have the appointment of the governor and council, the judges of the fuperior courts, auditors, attorney-general, treasurer, regifter of the land office, and delegates to Congrefs. As the difmemberment of the ftate had never had its confirmation, but, on the contrary, had always been the subject of proteftation and complaint, that it might never be in our own power to raife fcruples on that fubject, or to difturb the harmony of our new confederacy, the grants to Maryland, Pennsylvania, and the two Carolinas, were ratified.

This conftitution 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 difcovered very capital defects in it.

1. The majority of the men in the ftate, who pay and fight for its fupport, are unreprefented in the legislature, the roll of freeholders intitled to vote, not including generally the half of thofe on the roll of the militia, or of the tax-gatherers.

2. Among those who share the reprefentation, the shares are very unequal. Thus the county of Warwick, with only 100 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 left it fhould be thought that an equal intersperfion of fmall among large counties, through the whole ftate, may prevent any danger of injury to particular parts of it, we will divide it into dif tricts, and fhew the proportions of land, of fighting men, and of reprefentation in each.

Square Fighting Dele- Sena

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An infpection of this table will fupply the place of commentaries on it. It will appear at once that nineteen thousand men, living below the falls of the rivers, poffefs half the fenate, and want four members only of poffeffing a majority of the houfe of delegates; a want more than fupplied by the vicinity of their fituation to the feat of government, and of course the greater degree of convenience and punctuality with which their members may and will attend in the legiflature. These nineteen thousand, therefore, living in one part of the country, give law to upwards of thirty thoufand, living in another, and appoint all their chief officers, executive and judiciary. From the difference of their fituation and circumstances, their interefts will often be very different.

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There are three fuperior courts,' to which appeals lie from the courts below, to wit, the high court of chancery, the general court, and court of admiralty. The first and fecond of these receive appeals from the county courts, and also have original jurifdiction where the fubject of controverfy is of the value of ten pounds fterling, or where it concerns the title or bounds of land. The jurifdiction of the admiralty is original altogether. The high court of chancery is compofed of three judges, the general court of five, and the court of admiralty of three. The two firft hold their feffions at Richmond at flated times, the chancery twice in the year, and the general court twice for bufinefs civil and criminal, and twice more for criminal only. The court of admiralty fits at Williamsburg whenever a controversy arises.

There is one fupreme court, called the Court of Appeals, compofed of the judges of the three fuperior courts, affembling twice a year at ftated times at Richmond. This court receives appeals in all civil cafes from each of the fuperior courts, and determines them finally. But it has no original jurifdiction.

If a controverfy arife between two foreigners of a nation in alliance with the United States, it is decided by the conful for their ftate, or, if both parties chufe it, by the ordinary courts of juftice. If one of the parties only be fuch a foreigner, it is triable before the courts of juftice 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 firft feffions, as they muft alfo do if it be origi. nally commenced before them. In cafes of life and death, fuch foreigners have a right to be tried by a jury, the one half foreigners, the other natives.

All public accounts are fettled with a board of auditors, confifting of three members, appointed by the general affembly, any two of whom may act. But an individual, dissatisfied with the determination of that board, may carry his cafe into the proper fuperior court.'

In 1661, the laws of England were exprefsly adopted by an act of the affembly of Virginia, except fo far as a difference of condition' rendered them inapplicable. To thefe were added a number of acts of affembly, paffed during the monarchy, and ordinances of convention, and acts of affembly fince the eftablishment of the republic. The following variations from the British model are worthy of notice.

• Debtors unable to pay their debts, and making faithful delivery of their whole effects, are releafed from their confinement, and their perfons

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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 affeffment on the titheable perfons in their parish.

A foreigner of any nation, not in open war with us, becomes naturalized by removing to the ftate to refide, and taking an oath of fidelity; and thereupon 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 firft republican affembly, all donees in tail, prefent and future, were vefted with the abfolute dominion of the entailed subject.

Gaming debts are made void, and monies actually paid to discharge fuch debts (if they exceeded 40 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 what foever, nor be enforced, reftrained, molefted or burdened in his body or goods, nor otherwise fuffer on account of his religious opinions or belief; but that all men fhould be free to profefs, and by argument to maintain, their opinions 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 £.1000 for every flave. And every flave imported contrary to the true intent and meaning of this act, becomes free.

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Manufactures and Commerce.] We never had an interior trade of importance. Our exterior commerce has fuffered very much from the beginning of the prefent conteft. During this time we have manufactured within our families the moft neceffary articles of clothing. Those of cotton will bear fome comparison with the fame kinds of manufacture in Europe; but thofe of wool, flax and hemp are very coarfe, unfightly and unpleafant: And fuch is our attachment to agriculture, and fuch our preference for foreign manufactures, that be it wife or unwife, our people will certainly return as foon as they can to the raifing raw materials, and exchanging them for finer manufactures than they are able to execute themselves.

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