PUBLIC GOOD, &c.

WHEN we take into view the mutual happineſs and united intereſts of the ſtates of America, and conſider the im⯑portant conſequences to ariſe from a ſtrict attention of each, and of all, to e⯑very thing which is juſt, reaſonable and honourable; or the evils that will follow from an inattention to thoſe principles; there cannot, and ought not, to remain a doubt, but that the governing rule of right and mutual good muſt in all public caſes finally preſide.

The hand of providence has caſt us into one common lot, and accompliſhed the independence of America, by the unanimous conſent of the ſeveral parts, concurring at once in time, manner and circumſtances. No ſuperi⯑ority of intereſt, at the expence of the reſt, induced the one, more than the other, into the meaſure. Virginia and Maryland, it is true, might foreſee, that their ſtaple com⯑modity, tobacco, by being no longer monopolized by Bri⯑tain, would bring them a better price abroad: for as the tax on it in England was treble its firſt purchaſe from the planter, and they being now no longer compelled to ſend it under that obligation, and in the reſtricted manner they formerly were; it is eaſy to ſee, that the article, from the alteration of the circumſtances of trade, will, and daily does, turn out to them with additional advan⯑tages.

But this being a natural conſequence, produced by that common freedom and independence of which all are par⯑takers, is therefore an advantage they are intitled to, and on which the reſt of the ſtates can congratulate them without feeling a wiſh to leſſen, but rather to extend it. To contribute to the encreaſed proſperity of another, by the ſame means which occaſion our own, is an agreeable reflection; and the more valuable any article of export becomes, the more riches will be introduced into and ſpread over the continent.

[6]Yet this is an advantage which thoſe two ſtates derive from the independence of America ſuperior to the local circumſtances of the reſt; and of the two it more particu⯑larly belongs to Virginia than Maryland, becauſe the ſtaple commodity of a conſiderable part of Maryland is flour, which, as it is an article that is the growth of Europe as well as of America, cannot obtain a foreign market but by under ſelling, or at leaſt by limiting it to the current price abroad. But tobacco commands its own price. It is not a plant of almoſt univerſal growth, like wheat. There are but few ſoils and climes that produce it to advantage, and before the cultivation of it in Virginia and Maryland, the price was from four to ſixteen ſhillings ſterling a pound in England.^*

But the condition of the vacant weſtern territory of America makes a very different caſe to that of the cir⯑cumſtances of trade in any of the ſtates. Thoſe very lands, formed, in contemplation, the fund by which the debt of America would in a courſe of years be redeemed. They were conſidered as the common right of all; and it is only till lately that any pretenſion of claims has been made to the contrary.

That difficulties and differences will ariſe in communi⯑ties ought always to be looked for. The oppoſition of intereſts, real or ſuppoſed; the variety of judgments; the contrariety of temper; and, in ſhort, the whole com⯑poſition of man, in his individual capacity, is tinctured with a diſpoſition to contend; but in his ſocial capacity there is either a right which, being proved, terminates the diſpute, or a reaſonableneſs in the meaſure, where no direct right can be made out, which decides or com⯑promiſes the matter.

As I ſhall have frequent occaſion to mention the word right, I wiſh to be clearly underſtood in my definition of it. There are various ſenſes in which this term is uſed, and cuſtom has, in many of them, afforded it an intro⯑duction contrary to its true meaning. We are ſo natu⯑rally inclined to give the utmoſt degree of force to our [7]own caſe, that we call every pretenſion, however found⯑ed, a right; and by this means the term frequently ſtands oppoſed to juſtice and reaſon.

After Theodore was elected king of Corſica, not ma⯑ny years ago, by the meer choice of the natives, for their own convenience in oppoſing the Genoeſe, he went over into England, run himſelf into debt, got himſelf into jail, and on his releaſe therefrom by the benefit of an act of inſolvency, he ſurrendered up, what he called, his kingdom of Corſica, as a part of his perſonal property, for the uſe of his creditors; ſome of whom may hereaf⯑ter call this a charter, or by any other name more faſhi⯑onable, and ground thereon what they may term a right to the ſovereignty and property of Corſica. But does not juſtice abhor ſuch an action, both in him and them, un⯑der the proſtituted name of a right, and muſt not laughter be excited where ever it is told.

A right, to be truly ſo, muſt be right in itſelf; yet ma⯑ny things have obtained the name of rights, which are originally founded in wrong. Of this kind are all rights by meer conqueſt, power or violence. In the cool mo⯑ments of reflection we are obliged to allow, that the mode by which ſuch right is obtained, is not the beſt ſuited to that ſpirit of univerſal juſtice which ought to preſide equally over all mankind. There is ſomething in the eſtabliſhment of ſuch a right that we wiſh to ſlip over as eaſily as poſſible, and ſay as little about as can be. But in the caſe of a right founded in right the mind is carri⯑ed chearfully into the ſubject, feels no compuction, fuf⯑fers no diſtreſs, ſubjects its ſenſations to no violences, nor ſees any thing in its way which requires an artificial ſmoothing.

From this introduction I proceed to examine into the claims of Virginia; firſt as to the right, ſecondly as to the reaſonableneſs, and laſtly as to the conſequences.

The name, Virginia, originally bore a different mean⯑ing to what it does now. It ſtood in the place of the word North-America, and ſeems to have been intended as a name comprehenſive of all the Engliſh ſettlements or co⯑lonies on the continent, and not deſcriptive of any one as diſtinguiſhing it from the reſt. All to the ſouthward [8]of Cheſapeak, as low as the Gulf of Mexico, was called South-Virginia, and all to the northward North-Virgi⯑nia, in a ſimilar line of diſtinction, as we now call the whole continent North and South-America.^†

The firſt charter or patent was to ſir Walter Rawleigh by Queen Elizabeth, of England, in the year 1583, and had neither name nor bounds. Upon ſir Walter's return, the name Virginia, was given to the whole country, in⯑cluding the now United States. Conſequently the preſent Virginia, either as a province or a ſtate, can ſit up no excluſive claim to the weſtern territory under this pa⯑tent, and that for two reaſons; firſt, becauſe the words of the patent run to ſir Walter Rawleigh, and ſuch perſons as he ſhould nominate, themſelves and their ſucceſſors; which is a line of ſucceſſion Virginia does not pretend to ſtand in; and ſecondly, becauſe a prior queſtion would ariſe, name⯑ly, who are to be underſtood by Virginians under this patent? and the anſwer would be, all the inhabitants of America, from New-England to Florida.

This patent, therefore, would deſtroy their excluſive claim, and inveſt the right collectively in the thirteen ſtates.

But it unfortunately happened, that the ſettlers under this patent, partly from miſconduct, the oppoſition of the Indians, and other calamities. diſcontinued the pro⯑ceſs, and the patent became extinct.

After this James the firſt, who, in the year 1602, ſuc⯑ceeded Elizabeth, iſſued a new patent, which I come next to deſcribe.

This patent differed from the former in this eſſential point, that it had limits, whereas the other had none: the former was intended to promote diſcoveries where e⯑ver they could be made, which accounts why no limits were affixed, and this to ſettle diſcoveries already made, which likewiſe aſſigns a reaſon why limits ſhould be de⯑ſeribed.

In this patent were incorporated two companies, call⯑ed the South-Virginia company, and the North-Virginia [9]company, and ſometimes the London company, and the Plymouth company.

The South-Virginia or London company was compoſed chiefly of London adventurers; the North-Virginia or Plymouth company was made up of adventurers from Plymouth in Devonſhire, and other perſons of the weſt⯑ern parts of England.

Tho' they were not to fix together, yet they were al⯑lowed to chuſe their places of ſettlement any where on the coaſt of America, then called Virginia, between the latitudes of 34 and 45 degrees, which was a range of 760 miles: the ſouth company was not to go below 34 degrees, nor the north company above 45 degrees. But the patent expreſſed, that as ſoon as they had made their choice, each was to become limited to 50 miles each way on the coaſt, and 100 up the country; ſo that the grant to each company was a ſquare of 100 miles, and no more. The North-Virginia or Plymouth company ſettled to the eaſt⯑ward, and in the year 1614 changed the name, and cal⯑led that part New-England. The South-Virginia or Lon⯑don company ſettled near cape Henry.

This then cannot be the patent of boundleſs extent, and that for two reaſons; firſt, becauſe the limits are deſcri⯑bed, namely, a ſquare of 100 miles; and ſecondly, be⯑cauſe there were two companies of equal rights included in the ſame patent.

Three years after this, that is, in the year 1609, the South-Virginia company applied for new powers from the Crown of England, which were granted them in a new patent, and the boundaries of the grant enlarged; and this is the charter or patent on which ſome of the preſent Virginians ground their pretenſion to boundleſs terri⯑tory.

The firſt reflection that preſents itſelf on this enlarge⯑ment of the grant is, that it muſt be ſuppoſed to bear ſome intended degree of reaſonable compariſon to that which it ſuperceded. The former could not be greater than a ſquare of one hundred miles; and this new one being granted in the lieu of that, and that within the ſpace of three years, and by the ſame perſon, James the firſt, who was never famed either for profuſion or gene⯑roſity, [10]cannot, on a review of the time and circumſtances of the grant, be ſuppoſed a very extravagant or very ex⯑traordinary one. If a ſquare of one hundred miles was not ſufficiently large, twice that quantity was as much as could well be expected or ſolicited: but to ſuppoſe that he, who had caution enough to confine the firſt grant within moderate bounds, ſhould in ſo ſhort a ſpace as three years, ſupercede it by another grant of many million times greater content, is, on the face of the affair, a cir⯑cumſtantial nullity.

Whether this patent or charter was in exiſtence or not at the time the revolution commenced, is a matter I ſhall hereafter ſpeak to, and confine myſelf in this place to the limits which the ſaid patent or charter lays down.

The words are as follow: ‘Beginning from the cape or point of land called cape or point Comfort, thence all along the ſea coaſt to the NORTHWARD 200 miles; and from the ſaid point or cape Comfort all along the ſea coaſt to the ſouth-ward 200 miles; and all that ſpace or circuit of land lying from the ſea coaſt of the precinct aforeſaid up into the land throughout, from ſea to ſea, WEST and north⯑weſt.’

The firſt remark I ſhall offer on the words of this grant is, that they are uncertain, obſcure and unintelligible, and may be conſtrued into ſuch a variety of contradicto⯑ry meanings as to leave at laſt no meaning at all.

Whether the 200 miles each way, from cape Comfort, were to be on a ſtraight line, or aſcertained by following the indented line of the coaſt, that is, "all along the ſea coaſt," in and out as the coaſt lay, cannot now be fully determi⯑ned; becauſe, as either will admit of ſuppoſition, and nothing but ſuppoſition can be produced, therefore neither can be taken as poſitive. Thus far may be ſaid, that had it been intended to be a ſtraight line, the word ſtraight ought to have been inſerted, which would have made the matter clear; but as no inference can well be drawn to the advantage of that which does not appear againſt that which does, therefore the omiſſion implies negatively in fa⯑vour of the coaſt indented line, or that the 400 miles were to be traced on the windings of the coaſt, that is, "all along the ſea coaſt."

[11]But what is meant by the words "weſt and north-weſt" is ſtill more unintelligible. Whether they mean a weſt line and a north-weſt line, or whether they apply to the general lying of the land from the Atlantic, without re⯑gard to lines, cannot again be determined. But if they are ſuppoſed to mean lines to be run, then a new diffi⯑culty of more magnitude than all the reſt ariſes; namely, From which end of the extent on the coaſt is the weſt line and the north-weſt line to be ſet off; as the difference in the content of the grant, occaſioned by tranſpoſing them is many hundred million of acres; and either includes or excludes a far greater quantity of land than the whole thirteen United States contain?

In ſhort, there is not a boundary in this grant that is clear, fixt and defined. The coaſt line is uncertain, and that being the baſe on which the others are to be formed, renders the whole uncertain. But even if this line was admitted, in either ſhape, the other boundaries would ſtill be on ſuppoſition, till it might be ſaid there is no boun⯑dary at all, and conſequently no charter; for words which deſcribe nothing can give nothing.

The advocates for the Virginia claim, laying hold of theſe ambiguities, have explained the grant thus:

[12]But why, I aſk, muſt the weſt land line be ſet off from the ſouth point, any more than from the north point? The grant or patent does not ſay from which it ſhall be, neither is it clear that a line is the thing intended by the words: but admitting it is, on what grounds do the claimants proceed in making this choice? the anſwer, I preſume, is eaſily given, namely, becauſe it is the moſt beneficial explanation to themſelves they can poſſibly make; as it takes in many thouſand times more extent of country than any other explanation would. But this, tho' it be a very good reaſon to them, is a very bad rea⯑ſon to us; and tho' it may do for the claimants to hope upon, will not anſwer to plead upon; eſpecially to the very people, who, to confirm the partiality of the claimants choice, muſt relinquiſh their own right and in⯑tereſt.

Why not ſet off the weſt land line from the north end of the coaſt line, and the north-weſt line from the ſouth end of the ſame? there is ſome reaſon why this ſhould be the conſtruction and none why the other ſhould.

Firſt, becauſe, if the line of two hundred miles each way from cape Comfort, be traced by following the in⯑dented line of the coaſt, which ſeems to be the implied intention of the words, and a weſt line be ſet off from the north end, and a north-weſt line from the ſouth end, theſe lines will all unite, (which the other conſtruction never can) and form a compleat triangle, the content of which will be about twenty nine or thirty millions of acres, or ſomething larger than Penuſylvania: and

Secondly, becauſe this conſtruction is following the or⯑der of the lines as expreſſed in the grant; for the firſt mentioned coaſt line, which is that to the northward of cape Comfort, and the firſt mentioned land line, which is the weſt line, have a numerical relation, being the firſt menti⯑oned of each; and implies, that the weſt line was to be ſet off from the north point and not from the ſouth point: and conſequently the two laſt mentioned of each have the ſame numerical relation, and again implies that the north-weſt line was to be ſet off from the ſouth point, and not from the north point. But why the claimants ſhould break thro' the order of the lines, and, contrary to implicati⯑on, join the firſt mentioned of the one, to the laſt menti⯑oned of the other, and thereby produce a ſhapeleſs mon⯑ſter, [13]for which there is no name nor any parallel in the world, either as to extent of ſoil or ſovereignty, is a conſtruction that cannot be ſupported.

The figure produced by following the order of the lines is as under.

N. B. If the reader will caſt his eye again over the words of the patent on page 10 he will perceive the na⯑merical relation alluded to, by obſerving, that the firſt mentioned coaſt line and the firſt mentioned land line are diſtinguiſhed by CAPITALS. And the laſt mentioned of each by italics, which I have choſen to do to illuſtrate the explanation.

I preſume that if four hundred miles be traced by fol lowing the inſlexes of any ſea ſhore, that the two ex⯑tremes will not be more than three hundred miles diſtant from each other, on a ſtraight line. Therefore to find the content of a triangle whoſe baſe is three hundred miles, multiply the length of the baſe into half the per⯑pendicular, which, in this caſe is the weſt line, and the product will be the anſwer:

[14]

Now will any one undertake to ſay, that this explana⯑tion is not as fairly drawn, (if not more ſo) from the words themſelves, as any other that can be offered, be⯑cauſe it is not only juſtified by the exact words of the pa⯑tent, grant, or charter, or any other name by which it may be called, but by their implied meaning; and is like⯑wiſe of ſuch a content, as may be ſuppoſed to have been intended; whereas the claimants explanation is without bounds, and beyond every thing that is reaſonable. Yet after all, who can ſay what were the preciſe meaning of terms and expreſſions ſo looſely formed, and capable of ſuch a variety of contradictory interpretations?

Had the order of the lines been otherwiſe than they are in the patent, the reaſonableneſs of the thing muſt have directed the manner in which they ſhould be con⯑nected: but as the claim is founded in unreaſonableneſs, and that unreaſonableneſs endeavoured to be ſupported by a tranſpoſition of the lines, there remains no pretence for the claim to ſtand on.

Perhaps thoſe who are intereſted in the claimants ex⯑planation will ſay, that as the ſouth ſea is ſpoken of, the lines muſt be as they explain them, in order to reach it.

To this I reply; firſt, that no man then knew how far it was from the Atlantic to the ſouth ſea, as I ſhall pre⯑ſently ſhow, but believed it to be but a ſhort diſtance: and,

Secondly, that the uncertain and ambiguous manner in which the ſouth fea is alluded to, (for it is not men⯑tioned []by name, but only "from ſea to ſea") ſerves to perplex the vatent, and not to explain it: and as no right can be founded on an arobiguity, but on ſome proof clear⯑ed of ambiguity, therefore the alluſive introduction of "ſea to ſea," can yield no ſervice to the claim.

There is likewiſe an ambiguous mention made of two lands in this patent, as well as of two ſeas; viz. "and all that ‘ſpace or circuit of land lying from the ſea coaſt of the precinct oforeſaid up into the land throughout from ſea to ſea.’

On which I remark, that the two lauds here mentioned have the appearance of a major and a minor, or the great⯑or out of which the leſs is to be taken: and the term from "ſea to ſea" may be ſaid to apply deſcriptively to the land throughout, and not to the ſpace or circuit of land patent⯑ed to the company: in a ſimilar manner that the former pa⯑tent deſcribed a major of 760 miles extent, out of which the minor, or ſquare of one hundred miles, was to be choſen.

But to ſuppoſe, that becauſe the ſouth ſea is darkly al⯑luded to, it muſt therefore, (at whatever diſtance it might be, which then nobody knew, or for whatever purpoſe it might be introduced) be made a certain boundary, and that without regard to the reaſonableneſs of the matter, or the order in which the lines are arranged, which is the only implication the patent gives for ſetting off the land lines, is a ſuppoſition that contradicts every thing which is reaſonable.

The figure produced by following the order of the lines will be compleat in itſelf, let the diſtance to the ſouth ſea be more or leſs: becauſe, if the land throughout from ſea to ſea had not been ſufficiently extenſive to admit the weſt land line and the north-weſt land line to cloſe, the ſouth ſea, it that caſe, would have eventually become a boundary: but if the extent of the land throughout from ſea to ſea, was ſo great, that the lines cloſed without reaching the ſaid ſouth ſea, the figure was compleat without it.

Wherefore, as the order of the lines, when raiſed on the indented coaſt line, produces a regular figure of rea⯑ſonable dimenſions, and of about the ſame content, tho' [14] [...] [15] [...] [16]not of the ſame ſhape, which Virginia now holds within the Allegany Mountains; and by tranſpoſing them another ſigure is produced, for which there is no name, and can⯑not be compleated, as I ſhall preſently explain, and of an extent greater than one half of Europe, it is needleſs to offer any other arguments to ſhew that the order of the lines muſt be the rule, if any rule can be drawn from the words, for aſcertaining from which point the weſt line and north-weſt line were to be ſet off. Neither is it poſ⯑ſible to ſuppoſe any other rule could be followed; becauſe a north-weſt line ſet off two hundred miles above cape Comfort, would not only never touch the ſouth ſea, but would form a ſpiral line or infinite windings round the globe, and after paſſing over the northern parts of Ame⯑rica and the frozen ocean, and then into the northern parts of Aſia, would, when eternity ſhould end and not before, terminate in the north pole.

This is the only manner in which I can expreſs the ef⯑fect of a north-weſt line, ſet off as above; becauſe as its direction muſt always be between the north and the weſt, it conſequently can never get into the pole nor yet come to a reſt; and on the principle, that matter or ſpace is capable of being eternally divided, muſt proceed on for ever.

But it was a prevailing opinion, at the time this patent was obtained, that the South ſea was at no great diſtance from the Atlantic, and therefore it was needleſs, under that ſuppoſition, to regard which way the lines ſhould be run; neither need we wonder at this error in the Engliſh government reſpecting America then, when we ſee ſo ma⯑ny and ſuch glaring ones now, for which there are leſs excuſe.

Some circumſtances favoured this miſtake. Admiral ſir Francis Drake not long before this, had, from the top of a mountain in the Iſthmus of Darien, which is the cen⯑ter of North and South America, ſeen both the South ſea and the Atlantic; the width of the part of the continent where he then was, not being above 70 miles, whereas its width oppoſite Cheſapeak-bay is as great, if not greater, than in any other part, being from ſea to ſea, about the diſtance it is from America to England. But this could not then be known, becauſe only two voyages had been [17]made acroſs the South ſea; the one by the ſhip in which Magellan ſailed, who died in his paſſage, and which was the firſt ſhip that failed round the world, and the other by ſir Francis Drake: but as neither of theſe ſailed into a northern latitude in that ocean, high enough to fix the longitude of the weſtern coaſt of America from the eaſt⯑ern; the diſtance acroſs was intirely on ſuppoſition, and the errors they then ran into appear laughable to us who now know what the diſtance is.

That the company expected to come at the South ſea without much trouble or travelling, and that the great body of land which intervened, ſo far from being their view in obtaining the charter, became their diſappoint⯑ment, may be collected from a circumſtance mentioned in Stith's hiſtory of Virginia.

He relates, that, in the year 1608, which was at the time the company were ſoliciting this patent, they fitted up in England "a barge for captain Newport," (who was afterwards one of the joint deputy governors under the very charter we are now treating of) ‘which, for convenience of carriage, might be taken into five piec⯑es, and with which he and his company were inſtruct⯑ed to go up James River as far as the falls thereof, to diſcover the country of the Monakins, and from thence they were to proceed, carrying their barge beyond the falls to convey them to the ſouth ſea; being ordered not to re⯑turn without a lump of gold, or a certainty of the ſaid ſea.’

And Hutchinſon, in his hiſtory of New England, which was called North-Virginia at the time this patent was ob⯑tained, ſays, ‘the geography of this part of America was leſs underſtood than at preſent. A line to the Spaniſh ſettlements was imagined much ſhorter than it really was. Some of Champlain's people, in the be⯑ginning of the laſt century, who had been but a few days march from Quebec, returned with great joy, ſuppoſing that from the top of a high mountain they had diſcovered the South-Sea.’

From theſe matters, which are evidences on record, it appears that the adventurers had no knowledge of the diſtance it was to the South-Sea, but ſuppoſed it to be no [18]great way from the Atlantic; and alſo, that great extent of territory was not their object, but a ſhort communication with the ſouthern ocean, by which they might get into the neighbourbood of the Gold Coaſt, and likewiſe carry on a commerce with the Eaſt-Indies.

Having thus ſhewn the confuſed and various interpre⯑tations this charter is ſubject to, and that it may be made to mean any thing and nothing; I now proceed to ſhow, that, let the limits of it be more or leſs, the preſent Vir⯑ginia does not, and cannot, as a matter of right, inherit under it.

I ſhall open this part of the ſubject by putting the fol⯑lowing caſe:

Either Virginia ſtands in ſucceſſion to the London com⯑pany, to whom the charter was granted, or to the Crown of England. If to the London company, then it becomes her, as an outſet in the matter, to ſhew who they were, and likewiſe that they were in poſſeſſion at the commence⯑ment of the revolution.—If to the Crown, then the char⯑ter is of conſequence ſuperſeded; becauſe the Crown did not poſſeſs territories by charter, but by prerogative with⯑out charter. The notion of the Crown chartering to itſelf is a nullity; and in this caſe, the unpoſſeſſed lands, be they little or much, are in the ſame condition as if they never had been chartered at all; and the ſovereignty of them devolves to the ſovereignty of the United States.

The charter or patent of 1609 as well as that of 1606 was to Sir Thomas Gates, Sir George Summers, the re⯑verend Richard Hackluit, prebend of Weſtminſter, and others; and the government was then proprietary. Thoſe proprietors, by virtue of the charter of 1609, choſe Lord Delaware for their governor, and Sir Thomas Gates, Sir George Summers, and captain Newport, (the perſon who was to go with a boat to the South ſea, joint deputy go⯑vernors.

Was this the form of government either as to ſoil or conſtitution at the time the preſent revolution commen⯑ced? if not, the charter was not in being; for it matters not to us how it came to be out of being, ſo long as the pre⯑ſent Virginians, or their anceſtors, neither are nor were ſufferers by the change then made.

[19]But ſuppoſe it could be proved to be in being, which it cannot, becauſe being in a charter is power, it would only prove a right in behalf of the London company of adven⯑turers, but how that right is to be diſpoſed of is another queſtion. We are not defending the right of the London company deceaſed 150 years ago, but taking up the mat⯑ter at the place where we found it, and ſo far as the au⯑thority of the Crown of England was exerciſed when the revolution commenced.

The charter was a contract between the Crown of En⯑gland and thoſe adventurers for their own emolument, and not between the Crown and the people of Virginia; and whatever was the occaſion of the contract becoming void, or ſurrendered up, or ſuperceded, makes no part of the queſtion now. It is ſufficient that when the United States ſucceeded to ſovereignty they found no ſuch con⯑tract in exiſtence or even in litigation. They found Vir⯑ginia under the authority of the Crown of England, both as to ſoil and government, ſubject to quit-rents to the Crown and not to the company, and had been ſo for up⯑wards of 150 years: and that an inſtrument or deed of writing, of a private nature, as all proprietary contracts are ſo far as land is concerned, and which is now only hiſtorically known, and in which Virginia was no party, and to which no ſucceſſion in any line can be proved, and have ceaſed for 150 years, ſhould now be raked from obli⯑vion and held up as a charter whereon to aſſume a right to boundleſs territory, and that by a perverſion of the or⯑der of it, is ſomething very ſingular and extraordinary.

If there was any innovation on the part of the crown, the conteſt reſted between the crown and the proprietors, the London company, and not between Virginia and the ſaid crown. It was not her charter; it was the compa⯑ny's charter, and the only parties in the caſe were the crown and the company.

But why, if Virginia contends for the immutability of charters, has ſhe ſelected this in preference to the two former ones? All her arguments ariſing from this prin⯑ciple muſt go to the firſt charter and not to the laſt; but by placing them to the laſt, inſtead of the firſt, ſhe ad⯑mits a fact againſt her principle; becauſe, in order to eſtabliſh the laſt, ſhe proves the firſt to be vacated by the [20]ſecond in the ſpace of 23 years, the ſecond to be vacated by the third in the ſpace of 3 years; and why the third ſhould not be vacated by the fourth form of government, iſſuing from the ſame power with the former two, and which took place about 25 years after, and continued in being for 150 years ſince, and under which all her public and private buſineſs was tranſacted, her purchaſes made, her warrants for ſurvey and patents for land obtained, is too myſterious to account for.

Either the re-aſſumption of the London company's char⯑ter into the hands of the crown was an uſurpation, or it was not. If it was, then, ſtrictly ſpeaking, is every thing which Virginia has done under that uſurpation il⯑legal, and ſhe may be ſaid to have lived in the moſt curious ſpecies of rebellion ever known; rebellion againſt the Lon⯑don company of adventurers. For if the charter to the company (for it was not to the Virginians) ought to be in being now, it ought to have been in being then; and why ſhe ſhould admit its vacation then, and reject it now, is unaccountable; or why ſhe ſhould eſteem her purcha⯑ſes of lands good which were then made contrary to this charter, and now contend for the operation of the ſame charter to poſſeſs new territory by, are circumſtances which cannot be reconciled.

But whether the charter, as it is called, ought to be extinct or not, cannot make a queſtion with us. All the parties concerned in it are deceaſed, and no ſucceſſors, in any regular line of ſucceſſion, appear to claim. Neither the London company of adventurers, their heirs or aſ⯑ſigns, were in poſſeſſion of the exerciſe of this charter at the commencement of the revolution; and therefore the ſtate of Virginia does not, in point of fact, ſucceed to and inherit from the company.

But ſay they, we ſucceed to and inherit from the Crown of England, which was the immediate poſſeſſor of of the ſovereignty at the time we entered, and had been ſo for 150 years.

To ſay this, is to ſay there is no charter at all. A char⯑ter is an aſſurance from one party to another, and cannot be from the ſame party to itſelf.

[21]But before I enter further on this caſe I ſhall conciſely ſtate how this charter came to be re-aſſumed by the pow⯑er which granted it, the Crown of England.

I have already ſtated that it was a proprietary charter, or grant, to ſir Thomas Gates and others, who were cal⯑led the London company, and ſometimes the South-Vir⯑ginia company, to diſtinguiſh them from thoſe who ſet⯑tled to the eaſtward (now New-England) and were then called the North-Virginia or Plymouth company.

Oldmixon's hiſtory of Virginia (in his account of the Britiſh empire in America) publiſhed in the year 1708, gives a conciſe progreſs of the affair. He attributes it to the miſconduct, contentions and miſmanagement of the proprietors, and their innovations upon the Indians, which had ſo exaſperated them, that they fell on the ſet⯑tlers and deſtroyed at one time 334 men, women, and child⯑ren.

"Some time after this maſſacre, ſays he, ſeveral gen⯑tlemen in England procured grants of land from the com⯑pany, and others came over on their private accounts to make ſettlements; among the former was one captain Martin, who was named to be of the council. This man raiſed ſo many differences among them, that new diſtrac⯑tions followed, which the Indians obſerving, took heart and once more fell upon the ſettlers on the borders, de⯑ſtroying, without pitying either age, ſex, or condition.

"Theſe and other calamities, being chiefly imputed to the miſmanagement of the proprietors, whoſe loſſes had ſo diſcouraged moſt of their beſt members, that they ſold their ſhares, and Charles the firſt on his acceſſion to the throne diſſolved the company, and took the colony into his own immediate direction. He appointed the gover⯑nor and council himſelf, ordered all patents and proceſs to iſſue in his own name, and reſerved a quit-rent of two ſhillings ſterling for every hundred acres."

Thus far our author. Now it is impoſſible for us at this diſtance of time to ſay what were all the exact cau⯑ſes of the change; neither have we any buſineſs with it. The company might ſurrender it, or they might not, or they might forfeit it by not fulfilling conditions, or they [22]might ſell it, or the Crown might, as far as we know, take it from them. But what are either of theſe caſes to Virginia, or any other which can be produced. She was not a party in the matter. It was not her charter, nei⯑ther can ſhe ingraft any right upon it or ſuffer any inju⯑ry under it.

If the charter was vacated it muſt have been by the London company; if it was ſurrendered it muſt be by the ſame; If it was ſold nobody elſe could ſell it, and if it was taken from them nobody elſe could loſe it; and yet Virginia calls this her charter, which it was not within her power to hold, to ſell, to vacate, or to loſe.

But if ſhe puts her right upon the ground that it never was ſold, ſurrendered, loſt, or vacated, by the London company, ſhe admits that if they had ſold, ſurrendered, loſt, or vacated it, that it would have become extinct, and to her no charter at all. And in this caſe, the only thing to prove is the fact, which is, Has this charter been the rule of government, and of purchaſing or procuring unappropriated lands in Virginia, from the time it was granted to the time of the revolution? Anſwer, the char⯑ter has not been the rule of government, nor of purcha⯑ſing or procuring lands, neither has any lands been pur⯑chaſed or procured under its ſanction or authority for upwards of 150 years.

But if ſhe goes a ſtep further, and ſay that they could not vacate, ſurrender, ſell, or loſe it, by any act they could do, ſo neither could they vacate, ſurrender, ſell, or loſe that of 1606, which was three years prior to this; and this argument, ſo far from eſtabliſhing the charter of 1609, would deſtroy it; and in its ſtead confirm the preceding one which limited the company to a ſquare of 100 miles. And if ſhe ſtill goes back to that of ſir Wal⯑ter Rawleigh, that only places her in the light of Ameri⯑cans in common with all.

The only fact that can be clearly proved, is, that the Crown of England exerciſed the power of dominion and government in Virginia, and of the diſpoſal of the lands, and that the charter had neither been the rule of govern⯑ment or purchaſing lands for upwards of 150 years, and this places Virginia in ſucceſſion to the Crown and not to [23]the Company. Conſequently it proves a lapſe of the char⯑ter into the hands of the crown by ſome means or other.

Now to ſuppoſe that the charter could return into the hands of the crown and yet remain in force, is to ſuppoſe that a man could be bound by a bond of obligation to himſelf.

Its very being in the hands of the crown from which it iſſued is a ceſſation of its exiſtence; and an effectual un⯑chartering all that part of the Grant which was not be⯑fore diſpoſed of. And conſequently the ſtate of Virginia ſtanding thus in ſucceſſion to the crown, can be intitled to no more extent of country as a ſtate under the union, than what it poſſeſſed as a province under the crown. And all lands exterior to theſe bounds as well of Virginia as the reſt of the ſtates, devolve, in the order of ſucceſ⯑ſion to the ſovereignty of the United States for the benefit of all.

And this brings the caſe to what were the limits of Vir⯑ginia as a province under the crown of England.

Charter it had none. It's limits then reſted at the diſ⯑cretion of the authority to which it was ſubjeſt. Mary⯑land and Pennſylvania became it's boundary to the eaſt⯑ward and northward and North-Carolina to the ſouthward, therefore the boundary to the weſtward was the only prin⯑cipal line to be aſcertained.

As Virginia from a proprietary ſoil and government was become what then bore the name of a royal one, the extent of the province, as the order of things then ſtood (for ſomething muſt always be admitted whereon to form a beginning) was wholly at the diſpoſal of the crown of England, who might enlarge, or diminiſh, or erect new governments to the weſtward, by the ſame authoritative right that Virginia now can divide a county into two; if too large, or too inconvenient.

To ſay, as has been ſaid, that Pennſylvania, Maryland and North Carolina, were taken out of Virginia, is no more than to ſay, they were taken out of America; be⯑cauſe Virginia was the common name of all the country, north and ſouth: and to ſay they were taken out of the chartered limits of Virginia, is likewiſe to ſay nothing; [24]becauſe after the diſſolution or extinction of the proprieta⯑ry company, there was nobody to whom any provincial limits became chartered. The extinction of the compa⯑ny was the extinction of the chartered limits. The pa⯑tent could not ſurvive the company, becauſe it was to them a right, which, when they expired ceaſed to be any body's elſe in their ſtead.

But to return to the weſtern boundary of Virginia at the commencement of the revolution.

Charters, like proclamations, were the ſole act of the crown, and if the former were adequate to fix limits to the lands which it gave away, ſold, or otherways diſpoſ⯑ed of, the latter were equally adequate to fix limits or diviſions to thoſe which it retained; and therefore, the weſtern limits of Virginia, as the proprietary company was extinct and conſequently the patent with it, muſt be looked for in the line of proclamations.

I am not fond of quoting theſe old remains of former arrogance, but as we muſt begin ſomewhere, and as the ſtates have agreed to regulate the right of each ſtate to territory, by the condition each ſtood in with the crown of England at the commencement of the revolution, we have no other rule to go by; and any rule which can be agreed on is better than none.

From the proclamation then of 1763, the weſtern li⯑mits of Virginia, as a province under the crown of Eng⯑land, are deſcribed ſo as not to extend beyond the heads of any of the rivers which empty themſelves into the Atlantic, and conſequently the limits did not paſs over the Allegany Mountain.

Extract from the proclamation of 1763 ſo far as reſpects boundary:

"AND WHEREAS it is juſt and reaſonable, and eſſential to our intereſt, and the ſecurity of our colonies, that the ſeveral nations or tribes of Indians, with whom we are connected, and who live under our protection, ſhould not be moleſted or diſturbed in the poſſeſſion of ſuch parts of our dominions and territories, as, not hav⯑ing been ceded to or purchaſed by us, are reſerved to them or any of them as their hunting grounds; we do therefore, with the advice of our privy council, declare it to be our roy⯑al [25]will and pleaſure, that no governor, or commander in chief, in any of our colonies of Quebec, eaſt Florida, or weſt Florida, do preſume, upon any pretence what⯑ever, to grant warrants of ſurvey, or paſs any patents for lands beyond the bounds of their reſpective govern⯑ments, as deſcribed in their commiſſions; As ALSO that no governor or commander in chief of our other colonies or plantations in America, do preſume, for the preſent, and until our further pleaſure be known, to grant war⯑rants of ſurvey, or paſs patents for any lands beyond the heads or ſources of any of the rivers which fall into the Atlantic ocean from the weſt or north-weſt, or upon any lands what⯑ever, which not having been ceded to, or purchaſed by us, as aforeſaid, are reſerved unto the ſaid Indians or any of them.

"And we do further declare it to be our royal will and pleaſure, for the preſent, as aforeſaid, to reſerve under our ſovereignty, protection, and dominion, for the uſe of the ſaid Indians all the lands and territories, not includ⯑ed within the limits of our ſaid three new governments, or within the limits of the territory granted to the Hud⯑ſon's-Bay company; as alſo, all the lands and territories lying to the weſtward of the ſources of the rivers, which fall into the ſea from the weſt and north-weſt as aforeſaid; and we do hereby ſtrictly forbid, on pain of our diſpleaſure, all our loving ſubjects from making any purchaſes or ſettlements whate⯑ver, or taking poſſeſſion of any of the lands above reſerved, without our eſpecial leave and licence for that purpoſe firſt obtained:

"And we do further ſtrictly enjoin and require all perſons whatever, who have either wilfully or inadvertently ſeated themſelves upon any lands within the countries above deſcribed, or upon any other lands, which, not hav⯑ing been ceded to, or purchaſed by us, are ſtill reſerved to the ſaid Indians, as aforeſaid, forthwith to remove them⯑ſelves from ſuch ſettlements."

It is eaſy for us to underſtand, that the frequent and plauſible mention of the Indians was only ſpeciouſneſs to create an idea of the humanity of government. The ob⯑ject and intention of the proclamation was the weſtern boundary, which is here ſignified not to extend beyond the heads of the rivers: and theſe, then, are the weſtern limits which Virginia had as a province under the crown of Britain.

[26]And agreeable to the intention of this proclamation and the limits deſcribed thereby, lord Hilſborough, then ſecretary of ſtate in England, addreſſed an official letter of the 31ſt of July, 1770, to lord Bottetourt, at that time governor of Virginia, which letter was laid before the council of Virginia by Mr. preſident Nelſon, and by him anſwered on the 18th of October in the ſame year, of which the following are extracts:

"On the evening of the day your lordſhip's letter to the governor was delivered to me, and as it contains matters of great variety and importance, it was read in council, and, together with the ſeveral papers incloſed, it hath been maturely conſidered, and I now trouble your lordſhip with theirs as well as my own opinion upon the ſubject of them.

"We do not preſume to ſay to whom our gracious ſo⯑vereign ſhall grant his vacant lands," and "with reſpect to the eſtabliſhment of a new colony on the back of Virginia, it is a ſubject of too great political importance for me to preſume to give an opinion upon, however, permit me, my lord, to obſerve, that when that part of the country ſhall become ſufficiently populated it may be a wiſe and prudent meaſure."

On the death of lord Bottetourt, lord Dunmore was appointed to the government, and he, either from igno⯑rance of the ſubject, or other motives, made a grant of ſome lands on the Ohio to certain of his friends and favo⯑rites, which produced the following letter from lord Dart⯑mouth, who ſucceeded lord Hilſborough as ſecretary of ſtate:

"I think fit to incloſe your lordſhip a copy of lord Hilſborough's letter to lord Bottetourt, of the 31ſt of Ju⯑ly, 1770, the receipt of which was acknowledged by Mr. preſident Nelſon, a few days after lord Bottetourt's death, and appears by his anſwer to it, to have been laid before the council. That board, therefore, could not be igno⯑rant of what has paſſed here upon Mr. Walpole's applica⯑tion, nor of the king's expreſs command, contained in lord Hilſborough's letter, that no lands ſhould be granted beyond the limits of the royal proclamation of 1763, un⯑til the king's further pleaſure was ſignified; and I have [27]only to obſerve, that it muſt have been a very extraordi⯑nary neglect in them not to have informed your lordſhip of that letter and thoſe orders."

On theſe documents I ſhall make no remarks. They are their own evidence, and ſhew what the limits of Vir⯑ginia were while a Britiſh province; and as there was then no other authority by which they could be fixed, and as the grant to the London company could not be a grant to any but themſelves, and of conſequence ceaſed to be when they ceaſed to exiſt, it remained a matter of choice in the crown, on its re-aſſumption of the lands, to limit or divide them into ſeparate governments, as it judged beſt, and from which there was not, and could not in the order of government, be any appeal. Neither was Virginia, as a province, affected by it, becauſe the mo⯑nies, in any caſe, ariſing from the ſale of lands, did not go into her treaſury; and whether to the crown or to the proprietors was to her indifferent. And it is likewiſe e⯑vident, from the ſecretary's letter, and the preſident's anſwer, that it was in contemplation to lay out a new colony on the back of Virginia, between the Allegany Mountains and the Ohio.

Having thus gone thro' the ſeveral charters, or grants, and their relation to each other, and ſhewn that Virginia cannot ſtand in ſucceſſion to a private Grant, which has been extinct for upwards of 150 years; and that the weſtern limits of Virginia, at the commence⯑ment of the revolution, were at the heads of the rivers emptying themſelves into the Atlantic, none of which are beyond the Allegany Mountains; I now proceed to the ſecond part, namely,

The reaſonableneſs of her claims:

Virginia, as a Britiſh province, ſtood in a different ſi⯑tuation with the crown of England to any of the other provinces, becauſe ſhe had no aſcertained limits, but ſuch as aroſe from the laying off new provinces and the proclamation of 1763. For the name, Virginia, as I have before mentioned, was the general name of all the country, and the dominion out of which the ſeveral go⯑vernments were laid off: and in ſtrict propriety, con⯑formable to the origin of names, the province of Virgi⯑ginia [28]was taken out of the dominion of Virginia. For the term, dominion, could not appertain to the province, which retained the name of Virginia, but to the crown, and from thence was applied to the whole country, and ſignified its being an appendage to the crown of England, as they now ſay "our dominion of Wales."

It is not poſſible to ſuppoſe there could exiſt an idea, that Virginia, as a Britiſh province, was to be extended to the ſouth ſea at the diſtance of three thouſand miles. The dominion, as appertaining at that time to the crown, might be claimed to extend ſo far, but as a province the thought was not conceiveable, nor the practice poſſible. And it is more than probable, that the deception made uſe of to obtain the patent of 1609, by repreſenting the fouth ſea to be near where the Allegany Mountains are, was one cauſe of its becoming extinct; and it is worthy of remarking, that no hiſtory (at leaſt that I have met with) mentions any diſpute or litigation, between the crown and the company in conſequence of the extinction of the patent, and the re-aſſumption of the lands; and therefore the negative evidence corroborating with the poſitive, make it, as certain as ſuch a caſe can poſſibly be, that either the company received a compenſation for the patent, or quitted it quietly, aſhamed of the im⯑poſition they had acted, and their ſubſequent mal-admi⯑niſtration. Men are not inclined to give up a claim where there is any ground to contend on, and the ſilence in which the patent expired is a preſumptive proof that its fate, from whatever cauſe, was juſt.

There is one general policy which ſeems to have pre⯑vailed with the Engliſh in laying off new governments, which was, not to make them larger than their own country, that they might the eaſier hold them manage⯑able: this was the caſe with every one except Canada, the extenſion of whoſe limits was for the political pur⯑poſe of recognizing new acquiſition of territory, not im⯑mediately convenient for colonization.

But, in order to give this matter a chance thro' all its caſes, I will admit what no man can ſuppoſe, which is, that there is an Engliſh charter that fixes Virginia to ex⯑tend from the Atlantic to the ſouth ſea, and contained within a due weſt line, ſet off two hundred miles below [29]cape Comfort, and a north weſt line, ſet off two hundred miles above it. Her ſide, then, on the, atlantic (according to an explanation given in Mr. Bradſord's Paper of Sep⯑tember 29th, 1779, by an advocate for the Virginia claims) will be four hundred miles; her ſide to the ſouth three thouſand; her ſide to the weſt four thouſand; and her north weſt line about five thouſand; and the quanti⯑ty of land contained within theſe dimenſions will be al⯑moſt 4,000,000,000, that is, four thouſand million of acres, which is more than ten times the quantity contai⯑ned within the preſent United States, and above an hun⯑dred rimes greater than the kingdom of England.

To reaſon on a caſe like this is ſuch a waſte of time, and ſuch an exceſs of ſolly that it ought not to be reaſoned upon. It is impoſſible to ſuppoſe that any patent to pri⯑vate perſons could be ſo intentionally abſurd, and the claim grounded thereon is as wild as any thing the imagi⯑nation of man ever conceived.

But if, as I before mentioned, there was a charter which bore ſuch an explanation, and that Virginia ſtood in ſucceſſion to it, what would that he to us any more than the will of Alexander, had he taken it in his head to have bequeathed away the world? Such a charter or grant muſt have been obtained by impoſition and a falſe repre⯑ſentation of the country, or granted in error, or both; and in any of, or all theſe caſes, the United States muſt reject the matter as ſomething they can know nothing of, for the merits will not bear an argument, and the preten⯑tion of right ſtands upon no better ground.

Our caſe is an original one; and many matters atten⯑ding it muſt be determined on their own merits and rea⯑ſonableneſs. The territory of the reſt of the ſtates is in general within known bounds of moderate extent, and the quota which each ſtate is to furniſh towards the ex⯑pence and ſervice of the war, muſt be aſcertained upon ſome rule of compariſon. The number of inhabitants of each ſtate formed the firſt rule; and it was naturally ſup⯑poſed that thoſe numbers bore nearly the ſame proportion to each other, which the territory of each ſtate did. Virginia, on this ſcale, would be about one fifth larger than Pennſylvania, which would be as much dominion as any ſtate could manage with happineſs and convenience.

[30]When I firſt began this ſubject, my intention was to be extenſive on the merits, and conciſe on the matter of right; inſtead of which, I have been extenſive on the matter of right, and conciſe on the merits or reaſonable⯑neſs: and this alteration in my deſign aroſe conſequenti⯑ally from the nature of the ſubject; for as a reaſonable thing the claim can be ſupported by no argument, and therefore needs none to refute it; but as there is a ſtrange propenſity in mankind to ſhelter themſelves un⯑der the ſanction of a right, however unreaſonable that ſuppoſed right may be, I found it moſt conducive to the intereſt of the caſe, to ſhew, that the right ſtands upon no better grounds than the reaſon. And ſhall there⯑fore proceed to make ſome obſervations on

The conſequences of the claim.

The claim being unreaſonable in itſelf and ſtanding on no ground of right, but ſuch as, if true, muſt from the quarter it is drawn be offenſive, has a tendency to create diſguſt and ſour the minds of the reſt of the ſtates Thoſe lands are capable, under the management of the United States, of repaying the charges of the war, and ſome of which, as I ſhall hereafter ſhow, might, I pre⯑ſume, be made an immediate advantage of.

I diſtinguiſh three different deſcriptions of lands in America at the commencement of the revolution. Pro⯑prietary or chartered lands, as was the caſe in Pennſyl⯑vania. Crown lands, within the deſcribed limits of any of the crown governments; and crown reſiduary lands that were without or beyond the limite of any province; and thoſe laſt were held in reſerve whereon to erect new governments and lay out new provinces; as appears to have been the deſign by lord Hillſborough's letter and the preſident's anſwer, wherein he ſays ‘with reſpect to the eſtabliſhment of a new colony on the back of Virginia, it is a ſubject of too great political impor⯑portance for me to preſume to give an opinion upon; however permit me, my lord, to obſerve, that when that part of the country ſhall become populated it may bea wiſe and prudent meaſure.’

The expreſſion is a new colony on the back of Virginia"; and referred to lands between the heads of the rivers and [31]the Ohio. This is a proof that thoſe lands were not con⯑ſidered within but beyond the limits of Virginia as a co⯑lony; and the other expreſſion in the letter is equally deſcriptive, namely, "We do not preſume to ſay to whom "our gracious ſovereign ſhall grant his vacant lands". Cer⯑tainly then, the ſame right, which, at that time, reſted in the crown reſts now in the more ſupreme authority of the United States; and therefore addreſſing the pre⯑ſident's letter to the circumſtances of the revolution it will run thus.

We do not preſume to ſay to whom the ſovereign Unit⯑ed States ſhall grant their vacant lands, and with re⯑ſpect to the ſettlement of a new colony on the back of Vir⯑ginia it is a matter of too much political importance for me to give an opinion upon; however, permit me to ob⯑ſerve, that when that part of the country ſhall become peopled it may be a wiſe and prudent meaſure.

It muſt occur to every perſon on reflection that thoſe lands are too diſtant to be within the government of any of the preſent ſtates; and, I may preſume to ſuppoſe, that were a calculation juſtly made, Virginia has loſt more by the decreaſe of taxables than ſhe has gained by what lands ſhe has made ſale of; therefore ſhe is not on⯑ly doing the reſt of the ſtates wrong in point of equity, but herſelf and them an injury in point of ſtrength, ſer⯑vice and revenue.

It is only the United States, and not any ſingle State, that can lay off new ſtates and incorporate them in the union by repreſentation; therefore the ſituation which the ſettlers on thoſe lands will be in, under the aſſumed right of Virginia, will be hazardous and diſtreſſing, and they will feel themſelves at laſt like alliens to the com⯑mon wealth of Iſrael, their habitations unſafe and their title precarious.

And when men reflect on that peace, harmony, qui⯑etude, and ſecurity which is neceſſary to proſperity, eſ⯑pecially in making new ſettlements, and think that when the war ſhall be ended, their happineſs and ſafety will depend on a union with the ſtates, and not a ſcattered people, unconnected with, and politically unknown to the reſt, they will feel but little inclination to put them⯑ſelves [32]ſelves in a ſitnation, which, however ſolitary and recluſe, it may appear, at preſent, will then be uncertain and unſafe, and their troubles will have to begin where thoſe of the United States ſhall end.

It is probable that ſome of the inhabitants of Virginia may be inclined to ſuppoſe, that the writer of this, by taking up the ſubject in the manner he has done, is argu⯑ing unfriendly againſt their intereſt. To this he wiſhes to reply▪

That the moſt extraordinary part of the whole is, that Virginia ſhould countenance ſuch a claim. For it is wor⯑thy of obſerving, that, from the beginning of the conteſt with Britain, and long after, there was not a people in American who diſcovered, thro' all the variety and multi⯑plicity of public buſineſs, a greater fund of true wiſdom, fortitude, and diſintereſtedneſs, than the then colony of Virginia. They were loved—They were reverenced. Their inveſtigation of the aſſumed rights of Britain had a ſagacity which was uncommon. Their reaſonings were piercing, difficult to be equalled and impoſſible to be re⯑futed, and their public ſpirit was exceeded by none. But ſince this unfortunate land ſcheme has taken place, their powers ſeem to be abſorbed. A Torpor has overſhaded them, and every one aſks what is become of Virginia▪

It ſeldom happens that the romantic ſchemes of exten⯑ſive dominion are of any ſervice to a government, and ne⯑ver to a people. They aſſuredly end at laſt in loſs, trouble, diviſion, and diſappointment. And was even the title of Virginia good, and the claim admiſſible, ſhe would de⯑rive more laſting and real benefit by participating it, than by attempting the management of an object ſo infinitely beyond her reach. Her ſhare with the reſt, under the ſupremacy of the United States, which is the only au⯑thority adaquate to the purpoſe, would be worth more to her, than what the whole would produce under the ma⯑nagement of herſelf alone, and that for ſeveral reaſons.

• Firſt, becauſe her claim not being admiſſible nor yet manageable, ſhe cannot make a good title to the purcha⯑ſers, and conſequently can get but little for the lands.
• Secondly, becauſe the diſtance the ſettlers will be at from her, will immediately put them out of all govern⯑ment [33]and protection, ſo far, at leaſt, as relates to Virgi⯑nia: and by this means ſhe will render her frontiers a refuge to deſperadoes, and a hiding place from juſtice; and the conſequence will be perpetual unſafety to her own peace and that of the neighbouring ſtates.
• Thirdly, Becauſe her quota of expence for carrying on the war, admitting ber to engroſs ſuch an immenſity of territory, would be greater than ſhe can either ſupport or ſupply, and could not be leſs, upon a reaſonable rule of proportion, than nine tenths of the whole. And
• Laſty, becauſe ſhe muſt ſooner or later relinquiſh them, and therefore to ſee her own intereſt wiſely at firſt, is preferable to the alternative of finding it out by misfor⯑tune at laſt.

I have now gone thro' my examination of the claims of Virginia in every caſe which I propoſed; and for ſeveral reaſons wiſh the lot had fallen to another perſon.

But as this is a moſt important matter, in which all are intereſted, and the ſubſtantial good of Virginia not injured but promoted, and as few men have leiſure, and ſtill fewer have inclination, to go into intricate inveſti⯑gation, I have at laſt ventured on the ſubject.

The ſucceſſion of the United States to the vacant weſtern territory is a right they originally ſat out upon, and in the pamphlet, Common Senſe, I frequently men⯑tioned thoſe lands as a national fund for the benefit of all; therefore, reſuming the ſubject, where I then left off, I ſhall conclude with conciſely reducing to ſyſtem what I then only hinted.

In my laſt piece, the Criſis Extraordinary, I eſtimated the annual amount of the charge of the war and the ſupport of the ſeveral governments at two millions pounds ſterl⯑ing, and the peace eſtabliſhment at three quarters of a million, and, by a compariſon of the taxes of this coun⯑try with thoſe of England, proved that the whole year⯑ly expence to us, to defend the country, is but a third of what Britain would have drawn from us by tax⯑es, had ſhe ſucceeded in her attempt to conquer; and our peace eſtabliſhment only an eighth part; and like⯑wiſe [34]ſhewed, that it was within the ability of the ſtates to carry on the whole of the war by taxation without ha⯑ving recourſe to any other modes or funds. To have a clear idea of taxation is neceſſary to every country, and the more funds we can diſcover and organize the leſs will be the hope of the enemy, and the readier their diſpoſi⯑tion to peace, which it is now their intereſt more than ours to promote.

I have already remarked that only the United States and not any particular ſtate can lay off new ſtates and in⯑corporate them in the union by repreſentation; keeping, therefore, this idea in view, I aſk, might not a ſubſtan⯑tial fund be quickly created by laying off a new ſtate, ſo as to contain between twenty and thirty million of acres, and opening a land office in all the countries in Europe for hard money, and in this country for ſupplies in kind at a certain price.

The tract of land that ſeems beſt adapted to anſwer this purpoſe is contained between the Allegany Moun⯑tain and the river Obio, as far north as the Pennſylva⯑nia line, thence extending down the ſaid river to the falls thereof, thence due ſouth into the latitude of the North-Carolina line, and thence eaſt to the Allegany Mountain aforeſaid.—I the more readily mention this tract becauſe it is fighting the enemy at their own wea⯑pons, as it includes the ſame ground on which a new colony would have been erected for the emolument of the crown of England, as appears by lord Hilſborough's and Dartmouth's letters, had not the revolution prevent⯑ed its being carried into execution.

It is probable there may be ſome ſpots of private pro⯑perty within this tract, but to incorporate them into ſome government will render them more profitable to the owners and the condition of the ſcattered ſettlers more eligible and happy than at preſent.

If twenty millions of acres of this new ſtate be patent⯑ed and ſold at twenty pounds ſterling per hundred acres they will produce four million pounds ſterling, which, if applied to continental expences only will ſupport the war for three years ſhould Britain be ſo unwiſe to her⯑ſelf to proſecute it againſt her own direct intereſt and [35]againſt the intereſt and policy of all Europe. The ſeve⯑ral ſtates will then have to raiſe taxes for their internal government only, and the continental taxes as ſoon as the fund begins to operate will leſſen, and if ſufficiently productive will ceaſe.

Lands are the real riches of all the habitable world and the natural funds of America. The funds of other coun⯑tries are, in general, artificially conſtructed; the crea⯑tures of neceſſity and contrivance; dependent upon cre⯑dit, and always expoſed to hazard and uncertainty. But lands can neither be annihilated nor loſe their value; on the contrary the univerſally riſe with population, and rapidly ſo, when under the ſecurity of effectual govern⯑ment. But this it is impoſſible for Virginia to give, and, therefore, that which is capable of defraying the expen⯑ces of the empire, will, under the management of any ſingle ſtate, produce only a fugitive ſupport to wandring individuals.

I ſhall now enquire into the effects which the laying out a new ſtate, under the authority of the United States, will have upon Virginia.

It is the very circumſtance ſhe ought to and muſt wiſh for when ſhe examines the matter thro' all its caſes and conſequences.

The preſent ſettlers being beyond her reach, and her ſuppoſed authority over them remaining in herſelf, they will appear to her as revolters, and ſhe to them as oppreſ⯑ſors; and this will produce ſuch a ſpirit of mutual diſ⯑like that in a little time a total diſagreement will take place, to the diſadvantage of both.

But under the authority of the United States the mat⯑ter is manageable, and Virginia will be eaſed of a diſa⯑greeable conſequence.

Beſides this, a ſale of the lands, continentally, for the purpoſe of ſupporting the expence of the war, will ſave her a greater ſhare of taxes, than what the ſmall ſale ſhe could make herſelf, and the ſmall price ſhe could get for them, would produce.

[36]She would likewiſe have two advantages which no other ſtate in the union enjoys, firſt, a frontier ſtate for her defence againſt the incurſions of the Indians; and the ſecond is, that the laying out and peopling a new ſtate on the back of an old one, ſituated as the is, is doubling the quantity of its trade.

The new ſtate, which is here propoſed to be laid our, may ſend its exported own the Miſſiſippi, but its imports muſt come thro' Cheſapeak Bay, and conſequently Vir⯑ginia will become the market for the new ſtate; be⯑cauſe, tho' there is a navigation from it, there is none into it, on account of the rapidity of the Miſſiſippi.

There are certain circumſtances that will produce cer⯑tain events whether men think of them or notes. The events do not depend upon thinking, but are the natu⯑ral conſequence of acting; and according to the ſyſtem which Virginia has gone upon, the iſſue will be, that ſhe will get involved with the back ſettlers in a contention about rights till they diſpute with her her own claims, and, ſoured by the contention, will go to any other ſtate for their commerce; both of which may be prevented, a perfect harmony eſtabliſhed, the ſtrength of the ſtates encreaſed, and the expences of the war derrayed, by ſettling the matter now on the plan of a general right; and every day it is delayed the difficulty will be encreaſ⯑ed and the advantages leſſened.

But if it ſhould happen, as it poſſibly may that the war ſhould end before the money which the new ſtate may produce be expended, the remainder of the lands therein may be ſet apart to reimburſe thoſe, whoſe houſes have been burnt by the enemy, as this is a ſpecies of ſuf⯑fering which it was impoſſible to prevent, becauſe hou⯑ſes are not moveable property: and it ought not to be, that becauſe we cannot do every thing, that we ought not to do what we can.

Having ſaid thus much on the ſubject, I think it neceſ⯑ſary to remark, that the proſpect of a new fund, ſo far from abating our endeavours in making every immediate proviſion for the ſupply of the army, ought to quicken us therein; for ſhould the ſtates ſee it expedient to go upon the meaſure, it will be at leaſt a year before it can [37]be productive. I the more freely mention this, becauſe, there is a dangerous ſpecies of popularity, which, I fear, ſome men are ſeeking from their conſtituents by giving them grounds to believe, that if they are elected they will lighten the taxes; a meaſure, which, in the pre⯑ſent ſtate of things, cannot be done without expoſing the country to the ravages of the enemy by diſabling the army from defending it.

Where knowledge is a duty ignorance is a crime; and if any man whoſe duty it was to know better has en⯑couraged ſuch an expectation, he has either deceived himſelf or them: beſides, no country can be defended without expence, and let any man compare his portion of temporary inconveniences ariſing from taxations, with the real diſtreſſes of the army for the want of ſup⯑plies, and the difference is not only ſufficient to ſtrike him dumb, but make him thankful that worſe conſequences have not followed.

In advancing this doctrine, I ſpeak with an honeſt freedom to the country; for as it is their good to be de⯑fended, ſo it is their intereſt to provide that defence, at leaſt, till other funds can be organized.

As the laying out new ſtates will ſome time or other be the buſineſs of the country, and as it is yet a new buſi⯑neſs to us; and as the influence of the war has ſcarcely afforded leiſure for reflecting on diſtant circumſtances, I ſhall throw together a few hints for facilitating that meaſure, whenever it may be proper for adopting it.

The United States now ſtanding on the line of ſove⯑reignty, the vacant territory is their property collective⯑ly, but the perſons by whom it may hereafter be peopled will have an equal right with ourſelves; and therefore, as new ſtates ſhall be laid off and incorporated with the preſent, they will become partakers of the remaining territory with us who are already in poſſeſſion. And this conſideration ought to heighten the value of lands to new emigrants; becauſe, in making purchaſes, they not only gain an immediate property, but become initiated into the right and heirſhip of the ſtates to a property in reſerve, which is an additional advantage to what any purchaſers under the late government of England enjoy⯑ed.

[38]The ſetting off the boundary of any new ſtate will na⯑turally be the firſt ſtop, and as it muſt be ſuppoſed not to be peopled at the time it is laid off, a conſtitution muſt be formed, by the United States, as the rule of govern⯑ment in any new ſtate, for a certain term of years, (perhaps tea) or until the ſtate become peopled to a cer⯑tain number of inhabitants; after which, the whole and ſole right of modelling their government to reſt with themſelves.

A queſtion may ariſe, whether a new ſtate ſhould im⯑mediately poſſeſs an equal right with the preſent ones in all caſes which may corae before Congreſs.

This, experience will beſt determine; but at firſt view of the matter it appears thus; That it ought to be im⯑mediately incorporated into the union on the ground of a family right, ſuch a ſtate landing in the line of a younger child of the ſame ſtock; but as new emigrants will have ſomething to learn when they firſt come to America, and a new ſtate requiring aid rather than ca⯑p [...]l [...] of giving it, it might be moſt convenient to admit its immediate repreſentation into Congreſs, there to ſit, hear, and debate, on all queſtions and matters, but not to vote on any till after the expiration of ſeven years.

I ſhall in this place take the opportunity of renewing a hint which I formerly threw out in the pamphlet Com⯑mon Senſe, and which the ſeveral ſtates will, ſooner or later, ſee the convenience, if not the neceſſicy, of adopt⯑ing; which is, that of electing a Continental Convention, for the purpoſe of forming a Continental Conſtitution, defining and deſcribing the powers and authority of Con⯑greſs.

Thoſe of entering into treaties, and making peace, they naturally poſſeſs, in behalf of the ſtates, for their ſeparate as well as their united good: but the internal controul and dictatorial powers of Congreſs are not ſuf⯑ficiently defined, and appear to be too much in ſome ca⯑ſes, and too little in others; and therefore, to have them marked legally out will give additional energy to the whole, and new confidence to the ſeveral parts.