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The present militia officers shall be continued, and vacancies fupe plied, by appointment of the governor, with the advice of the privy council, on recommendations from the respective county courts; but the governor and council shall have a power of suspending any officer, and ordering a court-martial on complaint of misbehaviour or inability, or to supply vacancies of officers happening when in actual service.
The governor may embody the militia, with the arlvice of the privy council ; and, when embodied, shall alone have the direction of the militia under the laws of the country.
The two Houses of Assembly fall, by joint ballot, appoint judges of the Supreme Court of Appeals, and General Court, judges in Chancery, judges of Admiralty, secretary and the attorney-general, to be commillioned by the governor, and continue in office during good behaviour. In case of death, incapacity or resignation, the governor, with the advice of the privy council, shall appoint perfons to succeed in office, to be approved or displaced by both Houses. These officers shall have fixed and adequate salaries, and, together with all others holding lucrative offices, and all ministers 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, shall appoint justices of the peace for the counties; and, in case of vacancies, or a necessity of increasing the number hereafter, such appointments to be made upon the recommendation of the respective county courts.
The present acting tecretary in Virginia, and clerks of all the county courts, fhall continue in office. In case of vacancies, either by death, incapacity or resignation, a secretary Mall be appointed as before directed, and the clerks by the respective courts. The present and future clerks shall hold their offices during good behaviour, to be judged of and determined in the General Court. The sheriffs and coroners shall be nominated by the respective courts, approved by the governor, with the advice of the privy council, and commisfioned by the governor. The justices shall appoint constables; and all fees of the aforesaid officers be regulated by law.
The governor, when he is out of office, and others offending against the State, either hy mal-administration, corruption or other means, by which the safety of the State may be endangered, fhall be impeachable by the House of Delegates ; such impeachment to be prosecuted by the attorney-general, or such other person or per. Cons as the House 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 such office pro tempore, or subjected to such pains or penalties as the law shall direct. ' .
If all, or any of the judges of the General Court should, on good grounds to be judged of by the House of Delegates, be accused of any of the crimes or offences above mentioned, such House of Delegates may, in like manner, impeach the judge or judges so accused, to be prosecuted in the Court of Appeals; and he or they; if found guilty, fhall be punished in the same manner as prescribed in the preceding clause.
Commissions and grants shall run, In the name of the Commons wealth of Virginia, and bear test by the governor, with the seal of the Commonwealth annexed. Writs shall run in the same manner, and bear test by the clerks of the several courts. Indictments shall conclude, Against the peace and dignity of the Commonwealth.
A treasurer fall be appointed annually, by joint ballot of both Houses,
All escheats, penalties and forfeitures, heretofore going to the · King, shall go the Commonwealth, save only such as the legislature may abolish, or otherwise provide for. .
The territories contained within the charters erecting the colonies of Maryland, Pennsylvania, North and South Carolina, are hereby ceded, released, and for ever confirmed to the people of these colonies respectively, 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 navi. gation and use of the rivers Potomack and Pokomoke, with the pro. perty of the Virginia shores and strands bordering on either of the faid rivers, and all improvements which have been or shall 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 thousand seven hundred and fixty-three ; unless, by act of this legislature, 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 Assembly. VOL. III.
LA W S. The following are worthy of notice, as variations from the Englislt law.
Debtors unable to pay their debts, and making faithful delivery of their whole effects, are released from their confinement, and their persons for ever discharged from restraint for such previous debts ; but any property they may afterwards acquire will be subject to their creditors. The poor, unable to fupport themselves, are maintained by an assessment on the titheable persons in their parich. A foreigner of any nation, not in open war, becomes naturalised by moving to the State to reside, and taking an oath of fidelity, and thereby acquires cvery right of a native citizen. Slaves pass by descent and dower as lands do. Slaves, as well as lands, were entailable during the monarchy ; but, by an act of the first repubJican Assembly, all donees in tail, present and future, were vested with the absolute dominion of the entailed subject. Gaming debts are made void, and monies actually paid to discharge such debts, if they exceed forty fillings, may be recovered by the payer within three months, or by any other person afterwards. Tobacco, flour, beef, pork, tar, pitch and turpentine, must be inspected by perfons · publicly appointed before they can be exported.
In 1785, the Assembly enacted, that no man Mould be compelled to support any religious worship, place or minister whatsoever, nor be enforced, restrained, molested or burdened in his body or goods, nor otherwise suffer on account of his religious opinions or belief; but that all men should be free to profess, and by argument to inaintain, their opinion in matters of religion ; and that the same
fhould in no wife diminish, enlarge or affect their civil capacities. · In O&tober, 1986, an act was passed by the Assembly, prohibiting the importation of Naves into the Commonwealth, upon penalty of the forfeiture of the sum of a thousand pounds for every slave. And every flave imported contrary to the true intent and meaning of this act, becomes free.
I N D I A NĄ.
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 compensation for the losses they had sustained by the depredations of the latter, in the year 1763. This cession was made in a congress of the representatives of the Six Nations, at Fort Stanwix, by an indenture, signed the 3d of November, 1758, witnessing, “ That for and in consideration of eighty-five thousand nine hundred and fixteen pounds, ten shillings and eight pence, York currency, the same being the amount of goods seized and taken by the said Indians from the said Trent, &c. they did grant, bargain, sell, &c. to his Majesty, his heirs and succeffors, for the only use of the said William Trent, &c. all that tract or parcel of land, beginning at the southerly side of the Little Kanhawa creek, where it empties itself into the river Ohio; and running thence south-east to the Laurel hill; thence along the Laurel hill until it strikes the river Monongahela ; thence down the stream of the said river, according to the several courses thereof, to the southern boundary line of the province of Pennsylvania; thence westwardly along the course of the said province boundary line as far as the same shall extend ; thence by the same course to the river Ohio, and then down the river Ohio to the place of beginning, inclusively.” This indenture was ligned by fix Indian chiefs, in presence of Sir William Johnson, Governor Franklin, of New Jersey, and the commissioners 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 conquest, and their right was expressly acknowledged by the above deed of cession 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 sufficient title to the land granted by the said deed of conveyance.
This matter was laid before · Congress in the year 1982, and a committee appointed to consider it, who, in May, reported as fol. lows: “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 consideration, according to the then usage and customs of purchasing Indian lands from the Indians, with the knowledge, consent and approbation of the Crown of Great-Britain, the then government of New-York and Virginia, and therefore do reconnıend that it be
“ Refolved, That if the said lands are finally ceded or adjudged to the United States in point of jurisdiction, that Congress will confirm to such of the said purchasers who arc, and shall be citizens of the United States, or either of them, their respective shares and proportions of said lands, making a reasonable deduction for the value of the quit rents reserved by the Crown of England.”
Notwithstanding this report of the committee, the question could never be brought to a decision before Congress. The Federal Constitution has, however, made provision for the determination of this business, 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 also a proprietor, to present a memorial to the legislature of Virginia, setting forth their claims, and praying that the business might be equitably settled. This memorial was presented in November, 1790; and thus, we believe, the Indiana business rests for the present.