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The Writings of Thomas Jefferson, Vol. 8 · Thomas Jefferson

QUERY XXIII.

_The histories of the State, the memorials published in its name in the time of its being a colony, and the pamphlets relating to its interior or exterior affairs present or ancient?_ Captain Smith, who next to Sir Walter Raleigh may be considered as the founder of our colony, has written its history, from the first adventures to it, till the year 1624. He was a member of the council, and afterwards president of the colony; and to his efforts principally may be ascribed its support against the opposition of the natives. He was honest, sensible, and well informed; but his style is barbarous and uncouth. His history, however, is almost the only source from which we derive any knowledge of the infancy of our State. The reverend William Stith, a native of Virginia, and president of its college, has also written the history of the same period, in a large octavo volume of small print. He was a man of classical learning, and very exact, but of no taste in style. He is inelegant, therefore, and his details often too minute to be tolerable, even to a native of the country, whose history he writes. Beverley, a native also, has run into the other extreme, he has comprised our history from the first propositions of Sir Walter Raleigh to the year 1700, in the hundredth part of the space which Stith employs for the fourth part of the period.

Sir Walter Keith has taken it up at its earliest period, and continued it to the year 1725. He is agreeable enough in style, and passes over events of little importance. Of course he is short and would be preferred by a foreigner. During the regal government, some contest arose on the exaction of an illegal fee by governor Dinwiddie, and doubtless there were others on other occasions not at present recollected. It is supposed that these are not sufficiently interesting to a foreigner to merit a detail. The petition of the council and burgesses of Virginia to the king, their memorials to the lords, and remonstrance to the commons in the year 1764, began the present contest; and these having proved ineffectual to prevent the passage of the stamp-act, the resolutions of the house of burgesses of 1765 were passed declaring the independence of the people of Virginia of the parliament of Great Britain, in matters of taxation. From that time till the declaration of independence by Congress in 1776, their journals are filled with assertions of the public rights. The pamphlets published in this State on the controverted question, were: 1766, An Inquiry into the rights of the British Colonies, by Richard Bland. 1769, The Monitor's Letters, by Dr. Arthur Lee. 1774, A summary View of the rights of British America.[65]

1774, Considerations, &c., by Robert Carter Nicholas. Since the declaration of independence this State has had no controversy with any other, except with that of Pennsylvania, on their common boundary. Some papers on this subject passed between the executive and legislative bodies of the two States, the result of which was a happy accommodation of their rights. To this account of our historians, memorials, and pamphlets, it may not be unuseful to add a chronological catalogue of American state-papers, as far as I have been able to collect their titles. It is far from being either complete or correct. Where the title alone, and not the paper itself, has come under my observation, I cannot answer for the exactness of the date. Sometimes I have not been able to find any date at all, and sometimes have not been satisfied that such a paper exists. An extensive collection of papers of this description has been for some time in a course of preparation by a gentleman[66] fully equal to the task, and from whom, therefore, we may hope ere long to receive it. In the meantime accept this as the result of my labors, and as closing the tedious detail which you have so undesignedly drawn upon yourself. Pro Johanne Caboto et filiis suis super terra 1496, Mar. 5. incognita investiganda 12. Ry. 595. 3. Hakl. 4. 11. H. 7. 2. Mem. A. 409.

Billa signata anno 13. Henrici septimi. 3. 1498, Feb. 3. Hakluyt's voiages 5. 13. H. 7. De potestatibus ad terras incognitas 1502, Dec. 19. investigandum. 13. Rymer. 37. 18. H. 7. Commission de François I. à Jacques Cartier pour 1540, Oct. 17. l'establissement du Canada. L'Escarbot. 397. 2. Mem. Am. 416. An act against the exaction of money, or any 1548, 2. E. 6. other thing, by any officer for license to traffique into Iseland and New-found-land, made in An. 2. Edwardi sexti. 3. Hakl. 131. The letters-patent granted by her Majestie 1578, June 11. to Sir Humphrey Gilbert, knight, for the 20. El. inhabiting and planting of our people in America. 3. Hakl. 135. Letters-patent of Queen Elizabeth to Adrian 1583, Feb. 6. Gilbert and others, to discover the northwest passage to China. 3. Hakl. 96. The letters-patent granted by the Queen's 1584, Mar. 25. majestie to M. Walter Raleigh, now knight, 26 El. for the discovering and planting of new lands and countries, to continue the space of six years and no more. 3. Hakl. 243. An assignment by Sir Walter Raleigh for Mar. 7. continuing the action of inhabiting and 31. El. planting his people in Virginia. Hakl. 1st. ed. publ. in 1589. p. 815. Lettres de Lieutenant General de l'Acadie et 1603, Nov. 8. pays circonvoisins pour le Sieur de Monts. L'Escarbot. 417.

Letters-patent to Sir Thomas Gates, Sir George 1606, Apr. 10. Somers and others of America. Stith. Apend. 4. Jac. 1. No. 1. An ordinance and constitution enlarging the 1607, Mar. 9. council of the two colonies in Virginia and 4. Jac. 1. America, and augmenting their authority, M.S. The second charter to the treasurer and 1609, May 23. company for Virginia, erecting them into a 7. Jac. 1. body politick. Stith. Ap. 2. Letters-patents to the E. of Northampton, 1610, April 10. granting part of the island of Newfoundland. Jac. 1. 1. Harris. 861. A third charter to the treasurer and company 1611, Mar. 12. for Virginia. Stith. Ap. 3. 9. Jac. 1. A commission to Sir Walter Raleigh. Qu. 1617. Jac. 1. Commissio specialis concernens le garbling 1620. Apr. 7. herbæ Nocotianæ. 17. Rym. 190. 18. Jac. 1. A proclamation for restraint of the disordered 1620. June 29. trading of tobacco. 17. Rym. 233. 18. Jac. 1. A grant of New-England to the council of 1620. Nov. 3. Plymouth. Jac. 1. An ordinance and constitution of the treasurer, 1621, July 24. council and company in England, for a council Jac. 1. of state and general assembly in Virginia. Stith. Ap. 4. A grant of Nova Scotia to Sir William Alexander. 1621, Sep. 10. 2. Mem. de l'Amerique. 193. 20 Jac. 1.

A proclamation prohibiting interloping and 1622, Nov. 6. disorderly trading to New England in America. 20 Jac. 1. 17. Rym. 416. De commissione speciali Willelmo Jones militi 1623, May 9. directa. 17. Rym. 490. 21 Jac. 1. A grant to Sir Edmund Ployden, of New Albion. 1623. Mentioned in Smith's examination. 82. De commissione Henrico vicecomiti Mandevill 1624, July 15. et aliis. 17. Rym. 609. 22. Jac. 1. De commissione speciali concernenti 1624, Aug. 26. gubernationem in Virginia. 17. Rym. 618. 22 Jac. 1. A proclamation concerning tobacco. 17. Rym. 1624, Sep. 29. 621. 22 Jac. 1. De concessione demiss, Edwardo Ditchfield et 1624, Nov. 9. aliis. 17. Rym. 633. 22 Jac. 1. A proclamation for the utter prohibiting the 1625, Mar. 2. importation and use of all tobacco which is 22 Jac. 1. not of the proper growth of the colony of Virginia and the Somer islands, or one of them. 17. Rym. 668. De commissione directa Georgio Yardeley militi 1625, Mar. 4. et aliis. 18. Rym. 311. 1 Car. 1. Proclamatio de herba Nicotianâ. 18. Rym. 19. 1625, Apr. 9. 1 Car. 1. A proclamation for settlinge the plantation 1625, May 13. of Virginia. 18. Rym. 72. 1 Car. 1. A grant of the soil, barony, and domains of 1625, July 12. Nova Scotia to Sir Wm. Alexander of Minstrie. 2. Mem. Am. 226.

Commissio directa a Johanni Wolstenholme 1626, Jan. 31. militi et aliis. 18. Rym. 831. 2 Car. 1. A proclamation touching tobacco. Rym. 848. 1626, Feb. 17. 2 Car. 1. A grant of Massachusetts bay by the council of 1627, Mar. 19. Plymouth to Sir Henry Roswell and others. qu? 2 Car. 1. De concessione commissionis specialis 1627, Mar. 26. proconcilio in Virginia. 18. Rym. 980. 3 Car. 1. De proclamatione de signatione de tobacco. 1627, Mar. 30. 18. Rym. 886. 3 Car. 1. De proclamatione pro ordinatione de tobacco. 1627, Aug. 9. 18. Rym. 920. 3 Car. 1. A confirmation of the grant of Massachusetts 1628, Mar. 4. bay by the crown. 3 Car. 1. The capitulation of Quebec. Champlain pert. 1629, Aug. 19. 2. 216. 2. Mem. Am. 489. A proclamation concerning tobacco. 19. Rym. 1630, Jan. 6. 235. 5 Car. 1. Conveyance of Nova Scotia (Port-royal excepted) 1630, April 30. by Sir William Alexander to Sir Claude St. Etienne Lord of la Tour and of Uarre and to his son Sir Charles de St. Etienne Lord of St. Denniscourt, on condition that they continue subjects to the king of Scotland under the great seal of Scotland. A proclamation forbidding the disorderly 1630-31, Nov. trading with the savages in New England 24. 6 Car. 1. in America, especially the furnishing the natives in those and other parts of America by the English with weapons and habiliments of warre. 19. Ry. 210. 3. Rushw. 82.

A proclamation prohibiting the selling arms, 1630, Dec. 5. &c. to the savages in America. Mentioned 3. 6 Car. 1. Rushw. 75. A grant of Connecticut by the council of 1630, Car. 1. Plymouth to the E. of Warwick. A confirmation by the crown of the grant 1630, Car. 1. of Connecticut [said to be in the petty-bag office in England.] A conveiance of Connecticut by the E. of 1631, Mar. 19. Warwick to Lord Say, and Seal, and others. 6 Car. 1. Smith's examination, Appendix No. 1. A special commission to Edward, Earle of 1631, June 27. Dorsett, and others, for the better plantation 7 Car. 1. of the colony of Virginia. 19. Ry. 301. Litere continentes promissionem regis ad 1632, June 29. tradenum castrum et habitationem de Kebec in 7 Car. 1. Canada ad regem Francorum. 19. Ry. 303. Traité entre le roy Louis XIII. et Charles 1632, Mar. 29. roi d'Angleterre pour la restitution de la 8 Car. 1. nouvelle France, la Cadie et Canada et des navires et merchandises pris de part et d'autre. Fait a St. Germain. 19. Ry. 361. 2. Mem. Am. 5. A grant of Maryland to Cæcilius Calvert, 1632, June 20. baron of Baltimore in Ireland. 8 Car. 1. A petition of the planters of Virginia against 1633, July 3. the grant to lord Baltimore. 9 Car. 1.

Order of council upon the dispute between the 1633, July 3. Virginia planters and lord Baltimore, Votes of repres. Pennsylvania. V. A proclamation to prevent abuses growing by 1633, Aug. 13. the unordered retailing of tobacco. Mentioned 9 Car. 1. 3. Rushw. 191. A special commission to Thomas Young to search, 1633, Sept. 23. discover and find out what ports are not yet 9 Car. 1. inhabited in Virginia and America and other parts thereunto adjoining. 19. Ry. 472. A proclamation for preventing of the abuses 1633, Oct. 13. growing by the unordered retailing of tobacco. 9 Car. 1. 19. Ry. 474. A proclamation restraining the abusive venting 1633. Mar. 13. of tobacco. 19. Rym. 522. Car. 1. A proclamation concerning the landing of 1634, May 19. tobacco, and also forbidding the planting 10 Car. 1. thereof in the king's dominions. 19. Ry. 553. A commission to the Archbishop of Canterbury 1634, Car. 1. and 11 others, for governing the American colonies. A commission concerning tobacco. M.S. 1634, June 19. 10 Car. 1. A commission from Lord Say, and Seal, and 1635, July 18. others, to John Winthrop to be governor of 11 Car. 1. Connecticut. Smith's App. A grant to Duke Hamilton. 1635, Car. 1. De commissione speciali Johanni Harvey militi 1636, Apr. 2. to pro meliori regemine coloniae in Virginia. 12 Car. 1. 20. Ry. 3.

A proclamation concerning tobacco. Title in 1637, Mar. 14. 3. Rush. 617. Car. 1. De commissione speciali Georgio domino Goring 1636-7, Mar. et aliis concessâ concernente venditionem de 16. 12 Car. 1. tobacco absque licentiâ regiâ. 20. Ry. 116. A proclamation against disorderly transporting 1637, Apr. 30. his Majesty's subjects to the plantations 13 Car. 1. within the parts of America. 20. Ry. 143. 3. Rush. 409. An order of the privy council to stay 8 ships 1637, May 1. now in the Thames from going to New England. 13 Car. 1. 3. Rush. 409. A warrant of the Lord Admiral to stop 1637, Car. 1. unconformable ministers from going beyond the sea. 3. Rush. 410. Order of council upon Claiborne's 1638, Apr. 4. petition against Lord Baltimore. Votes of Car. 1. representatives of Pennsylvania, vi. An order of the king and council that the 1638, Apr. 6. attorney general draw up a proclamation to 14 Car. 1. prohibit transportation of passengers to New England without license. 3. Rush. 718. A proclamation to restrain the transporting 1638, May 1. of passengers and provisions to New England 14 Car. 1. without license. 20. Ry. 223. A proclamation concerning tobacco. Title 4. 1639, Mar. 25. Rush. 1060. Car. 1. A proclamation declaring his majesty's pleasure 1639, Aug. 19. to continue his commission and letters patents 15 Car. 1. for licensing retailers of tobacco. 20. Ry. 348.

De commissione speciali Henrico Ashton 1639, Dec. 16. armigero ét aliis ad amovendum Henricum Hawley 15 Car. 1. gubernatorem de Barbadoes. 20. Rym. 357. A proclamation concerning retailers of tobacco. 1639, Car. 1. 4. Rush. 966. De constitutione gubernatoris et concilii 1641, Aug. 9. pro Virginia. 20. Ry. 484. 17 Car. 1. Articles of union and confederacy entered 1643, Car. 1. into by Massachusetts, Plymouth, Connecticut and New-haven. 1. Neale. 223. Deed from George Fenwick to the old Connecticut 1644, Car. 1. jurisdiction. An ordinance of the lords and commons assembled in parliament, for exempting from custom and imposition all commodities exported for, or imported from New England, which has been very prosperous and without any public charge to this State, and is likely to prove very happy for the propagation of the gospel in those parts. Tit. in Amer, library 90. 5. No date. But seems by the neighbouring articles to have been in 1644. An act for charging of tobacco brought from 1644, June 20. New England with custom and excise. Title in Car. 2. American library. 99. 8. An act for the advancing and regulating the 1644, Aug. 1. trade of this commonwealth. Tit. in Amer. Car. 2. libr. 99. 9. Grant of the Northern neck of Virginia to Sep. 18. Lord Hopton, Lord Jermyn, Lord Culpepper, 1 Car. 2. Sir John Berkley, Sir William Moreton, Sir Dudley Wyatt, and Thomas Culpepper.

An act prohibiting trade with the Barbadoes, 1650, Oct. 3. Virginia, Bermudas and Antego Scobell's Acts. 2 Car. 2. 1027. A declaration of Lord Willoughby, governor 1650, Car. 2. of Barbadoes, and of his council, against an act of parliament of 3d of October, 1650. 4. Polit. register. 2. cited from 4 Neal. hist. of the Puritans. App. No. 12 but not there. A final settlement of boundaries between the 1650, Car. 2. Dutch New Netherlands and Connecticut. Instructions for Captain Robert Dennis, Mr. 1651, Sept. 26. Richard Bennet, Mr. Thomas Stagge, and Captain 3 Car. 2. William Claibourn, appointed commissioners for the reducing of Virginia and the inhabitants thereof to their due obedience to the commonwealth of England. 1 Thurloe's state papers, 197. An act for increase of shipping and 1651, Oct. 9. encouragement of the navigation of this 8 Car. 2. nation. Scobell's acts, 1449. Articles agreed on and concluded at James citie 1651-2, Mar. in Virginia for the surrendering and settling 12. 4 Car. 2. of that plantation under the obedience and government of the commonwealth of England, by the commissioners of the council of state, by authoritie of the parliament of England, and by the grand assembly of the governor, council, and burgesse of that state. M.S. [Ante. p. 206.] An act of indempnitie made at the surrender 1651, Mar. of the country [of Virginia.] [Ante p. 206.] 12. 4 Car. 1.

Capitulation de Port Royal. Mem. Am. 507. 1654, Aug. 16. A proclamation of the protector relating to 1655, Car. 2. Jamaica. 3 Thurl. 75. The protector to the commissioners of Maryland. 1655, Sep. 26. A letter. 4 Thurl. 55. 7 Car. 2. An instrument made at the council of Jamaica, 1655, Oct. 8. Oct. 8, 1655, for the better carrying on of 7 Car. 2. affairs there. 4 Thurl. 17. Treaty of Westminster between France and 1655, Nov. 3. England. 6. corps diplom. part 2. p. 121. 2 Mem. Am. 10. The assembly at Barbadoes to the protector. 1656, Mar. 27. 4 Thurl. 651. 8 Car. 2. A grant by Cromwell to Sir Charles de Saint 1656, Aug. 9. Etienne, a baron of Scotland, Crowne and Temple. A French translation of it. 2 Mem. Am. 511. A paper concerning the advancement of trade, 1656, Car. 2. 5 Thurl. 80. A brief narration of the English rights to 1656, Car. 2. the Northern parts of America. 5 Thurl. 81. Mr. R. Bennet and Mr. S. Matthew to Secretary 1656, Oct. 12. Thurlow. 5 Thurl. 482. 8 Car. 2. Objections against the Lord Baltimore's patent, 1656, Oct. 10. and reasons why the government of Maryland 8 Car. 2. should not be put into his hands. 5 Thurl. 482. A paper relating to Maryland. 5 Thurl. 483. 1656, Oct. 10. 8 Car. 2.

A breviet of the proceedings of the lord 1656, Oct. 10. Baltimore and his officers and compliers 8 Car. 2. in Maryland, against the authority of the parliament of the commonwealth of England and against his highness the lord protector's authority, laws and government 5 Thurl. 486. The assembly of Virginia to secretary Thurlow. 1656, Oct. 15. 5 Thurl. 497. 8 Car. 2. The governor of Barbadoes to the protector. 1657, Apr. 4. 6 Thurl. 69. 9 Car. 2. Petition of the general court at Hartford 1661, Car. 2. upon Connecticut for charter. Smith's exam. App. 4. Charter of the colony of Connecticut. Smith's 1662, Apr. 23. exam. App. 6. 14 Car. 2. The first charter granted by Charles II. to 1662-2, Mar. 24. the proprietaries of Carolina, to wit, to Apr. 4. 15 C. 2. the Earl of Clarendon, Duke of Albemarle, Lord Craven, Lord Berkeley, Lord Ashley, Sir George Carteret, Sir William Berkeley, and Sir John Colleton. 4 Mem. Am. 554. The concessions and agreement of the lords 1664, Feb. 10. proprietors of the province of New Cæsarea, or New Jersey, to and with all and every of the adventurers and all such as shall settle or plant there. Smith's New Jersey. App. 1. A grant of the colony of New York to the Duke 1664. Mar. 12. of York. 20 Car. 2.

A commission to Colonel Nichols and others 1664, Apr. 26. to settle disputes in New England. Hutch. 16 Car. 2. Hist. Mass. Bay, App. 537. The commission to Sir Robert Carre and others 1664, Apr. 26. to put the Duke of York in possession of New York, New Jersey, and all other lands thereunto appertaining. Sir Robert Carre and others proclamation to the inhabitants of New York, New Jersey, &c. Smith's N. J. 36. Deeds of lease and release of New Jersey by 1664, June 23. the Duke of York to Lord Berkeley and Sir 24. 16 Car. 2. George Carteret. A conveiance of the Delaware counties to William Penn. Letters between Stuyvesant and Colonel Nichols 1664, Aug. on the English right. Smith's N. J. 37-42. 19-29, 20-30, 24. Aug. 25. Sept. 4. Treaty between the English and Dutch for the 1664, Aug. 27. surrender of the New Netherlands. Sm. N. J. 42. Nicoll's commission to Sir Robert Carre to Sept. 3. reduce the Dutch on Delaware bay. Sm. N. J. 47. Instructions to Sir Robert Carre for reducing of Delaware bay and settling the people there under his majesty's obedience. Sm. N. J. 47. Articles of capitulation between Sir Robert 1664, Oct. 1. Carre and the Dutch and Swedes on Delaware bay and Delaware river. Sm. N. J. 49.

The determination of the commissioners of 1664, Dec. 1. the boundary between the Duke of York and 16 Car. 2. Connecticut. Sm. Ex. Ap. 9. The New Haven case. Smith's Ex. Ap. 20. 1664. The second charter granted by Charles II. 1665, June 13. to the same proprietors of Carolina. 4. Mem. 24. 17 Car. 2. Am. 586. Declaration de guerre par la France contre 1666, Jan. 26. l'Angleterre. 3 Mem. Am. 123. Declaration of war by the king of England 1666, Feb. 9. against the king of France. 17 Car. 2. The treaty of peace between France and England 1667, July 31. made at Breda. 7 Corps, Dipl. part 1. p. 51 2. Mem. Am. 32. The treaty of peace and alliance between 1667, July 31. England and the United Provinces made at Breda. 7. Cor. Dip. p. 1. d. 44. 2. Mem. Am. 40. Acte de la cession de l'Acadie au roi de 1667-8, Feb. France. 2. Mem. Am. 40. 17. Directions from the governor and council 1668, April 21. of New York for a better settlement of the government on Delaware. Sm. N. J. 51. Lovelace's order for customs at the Hoarkills. 1668. Sm. N. J. 55. A confirmation of the grant of the northern 16-- May 8. neck of Virginia to the Earl of St. Albans, 21 Car. 2. Lord Berkeley, Sir William Moreton and John Tretheway.

Incorporation of the town of Newcastle or 1672. Amstell. A demise of the colony of Virginia to the 1673, Feb. 25. Earl of Arlington and Lord Culpepper for 31 25 Car. 2. years. M.S. Treaty at London between king Charles II. 1673-4. and the Dutch. Article VI. Remonstrance against the two grants of Charles II. of Northern and Southern Virginia. Mentd. Beverley 65. Sir George Carteret's instructions to Governor 1674, July 13. Carteret. Governor Andros's proclamation on taking 1674, Nov. 9. possession of Newcastle for the Duke of York. Sm. N. J. 78. A proclamation for prohibiting the importation 1675, Oct. 1. of commodities of Europe into any of his 27 Car. 2. majesty's plantations in Africa, Asia, or America, which were not laden in England; and for putting all other laws relating to the trade of the plantations in effectual execution. The concessions and agreements of the 1676 Mar. 3. proprietors, freeholders and inhabitants of the province of West New Jersey in America. Sm. N. J. App. 2. A deed quintipartite for the division of New 1676, July 1. Jersey. Letter from the proprietors of New Jersey to 1676, Aug. 18. Richard Hartshorne. Sm. N. J. 80. Proprietors instructions to James Wasse and Richard Hartshorne. Sm. N. J. 83. The charter of king Charles II. to his subjects 1676, Oct. 10. of Virginia. M.S. 28 Car. 2.

Cautionary epistle from the trustees of 1676. Byllinge's part of New Jersey. Sm. N. J. 84. Indian deed for the lands between Rankokas 1677, Sept. 10. creek and Timber creek, in New Jersey. Indian deed for lands from Oldman's creek to 1677, Sept. 27. Timber creek, in New Jersey. Indian deed for the lands from Rankokos creek 1677, Oct. 10. to Assunpink creek, in New Jersey. The will of Sir George Carteret, sole 1678, Dec. 5. proprietor of East Jersey ordering the same to be sold. An order of the king in council for the 1680, Feb. 16. better encouragement of all his majesty's subjects in their trade to his majesty's plantations, and for the better information of all his majesty's loving subjects in these matters--Lond. Gaz. No. 1596. Title in Amer. library. 134. 6. Arguments against the customs demanded in 1680. New West Jersey by the governor of New York, addressed to the Duke's commissioners. Sm. N. J. 117. Extracts of proceedings of the committee of 1680, June 14. trade and plantations; copies of letters, 23. 25. Oct. 16. reports, &c., between the board of trade, Mr. Nov. 4. 8. 11. Penn, Lord Baltimore and Sir John Werden, 18. 20. 23. in the behalf of the Duke of York and the Dec. 16. settlement of the Pennsylvania boundaries by 1680-1, Jan. 15. the L. C. J. North. Votes of Repr. Pennsyl. 22. Feb. 24. vii.-xiii.

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