subjects) from all ambitious invaders, and it after better than some hundreds of rangers kept would argue a strange degeneracy in you to re-in pay upon the frontiers. fuse aid to your neighbours and fellow subjects, when they are attacked by a powerful confederacy of the most barbarous and blood-thirsty foes that ever were upon the face of the earth. "Gentlemen-It has already been signifyed to you by the writts which called you hither, that the chief matter I had to consult you upon was what I have now laid before you; and this affair being of a nature that requires immediate dispatch, I shall forbear to offer any thing else at this time to your consideration, being desirous to make this a short session, that I may be able to treat with ye Indian chiefs whom I expect, in the manner I judge most advisable, that is, at the head of a body of men on the frontiers.”* And then the Burgesses returned to their "We must appear to have neither policy nor bowells of compassion, if this government can remain unconcerned while savage Pagans are overrunning one of our adjacent provinces and inhumanly butchering and torturing our brethren. Commissioners from South Carolina have been here to solicite this government for a supply of men and arms, and I have made a treaty to aid them with both, as far as the condition of house. this colony can spare. 46 "The encouragements given by these poor people to the forces we lend them, are as great as can reasonably be expected from them in their present circumstances, and I must recommend to you to do somewhat on your part that may facilitate the levys on this occasion, and render that service more acceptable to our people. "The raising of men for the assistance of that Province, and other preparations of war made for the security of this, could not be effected without expense, and that I sincerely believed the measures I have taken were immediately neI can give no greater proof than my cessary, postponing the payment of my own sallary, by employing on this emergency the fund given for the maintenance of your Governor. MONDAY, AUGUST THE 8TH, 1715. The petition of Sarah and Elizabeth Fenwick, the wives of Robert and John Fenwick of South Carolina, praying that thirty-one slaves, which they were obliged to bring from that province in its present calamitys, may be exempted from the payment of the dutys here-read and referred to the consideration of the House of Burgesses. WEDNESDAY, August the 10th, 1715. The House of Burgesses (according to the Governor's appointment) attended the Governor in the Council Chamber and presented the following address: 44 May it please you, sir— "And this I have done, trusting that the im-" To the Honorable Alexander Spotswood his pending dangers will awaken the representatives Majesty's Lieutenant Governor of Virginia. of the people to a just consideration of support-"THE HUMBLE Address of the House of Burgesses. ing the Executive power which at present is most dangerously restrained by the deficiency of the revenue from duly providing against calamitys that our neighbours are actually labouring under; and hereupon I am obliged earnestly to press you, Gentlemen of the House of Burgesses, to give some supplys in order to redress this grievance of the Government. : "That you may have before you the full state of affairs, I must further acquaint you, that I have lately received from some of the nations now warring against Carolina, offers of an accommodation but the prospect of such a treaty ought by no means to divert or retard the preparations of defence that I am now exhorting you to; for the surest way to bring these Pagans to our terms is to let them see our demands backed with a force. "And in my opinion never had Virginia so fair an opportunity as now to acquire glory, and appear to the Heathen the most formidable Dominion in America. Such a reputation may at this juncture be purchased with a small expence and will I'm persuaded guard your country here "We think ourselves obliged to return your Honour the thanks of this House for the favour of your speech, in which you are pleased to express so great care and concern for the safety of this Colony, and do assure your Honour we are heartily desirous to joine our endeavours in giving ye best advice and assistance we can for the better security and defence of our country. "It would be very agreeable to this House to have the militia of this Colony under a better regulation. And we shall esteem it a particular favour if your Honour will be pleased to propose a method by which it may be rendered more usefull. "We are deeply touch'd with a sense of the miserys with which our fellow-subjects of South Carolina are oppressed, and are willing to contribute towards the relief of that Province, so far as the circumstances of our country, under its present misfortunes, can admitt: and that the succours we shall afford may be given in ye most * See note A. acceptable manner, we entreat your Honour to acquaint this House what application the commissioners from South Carolina have made, what treaty your Honour did enter into on that occasion, and what supplys may be required to enable your Honour to perform the same.* culty of listing and transporting those that are yet to be raised, but I judge that the whole expence of listing, fitting up plattforms for the men, supplying some of them with cloathing, advance money paid for the encouragement of others, subsisting them till their embarkation, furnishing provisions for their passage, and cleaning and fitting their arms, &c., may amount to thirty We cannot but think it a great misfortune to this Colony that ye fund given for ye support of this government should prove deficient at a time shillings a man or thereabouts. when there are so pressing occasions for money, "I judge it would render this service much and the people so unable to afford any supplys; more acceptable to our people, if provision were and we humbly hope by your Honour's favoura-made for such of them as shall happen to lose ble representation of the address from ye Coun- their limbs or be otherwise disabled: and that cil and Burgesses of the last Assembly to our those who have or shall engage be exempted Sovereign Lord the King, His majesty will be from payment of levys, both for this year and graciously pleased to supply ye deficiency of that such further time as your House shall think fitt, fund out of his revenue of quitt-rents. with what other priviledges you judge proper for their encouragement: aud if these shall not prove effectual for obtaining the number of men desired, that power be given for impressing. “We do assure your Honour, since you have thought fitt to assemble us at this time for our advice and assistance, we shall make it our endeavours to perform ye duty incumbent on us, without regard to any other end than the glory of God, the service of our King and the welfare of our Country." To which the Governor made the following answer: "Mr. Speaker and Gentlemen of the And as by the treaty with Carolina, you will observe that a number of slaves are to be returned hither to be employed for the benefite of the men engaging in this service. I recommend to you to provide that such slaves or so many of them as shall not thereafter be sold in ye country, be exempted from the payment of the five House of Burgesses. pound head; and that the vessells in which "I shall lay before you ye severall matters de- they are imported be also exempted from the sired in your address; but I must tell you, that payment of port dutys and other charges." since you have rejected the grievance of the govA message from the House of Burgesses to ernment which I called you to redress, I have the Council by Mr. Goodrich and others, who nothing now to recommend to you more advan- brought a Resolve of that House upon the petitageous to your country than despatch; for I tion of Sarah and Elizabeth Fenwick of South consider, that under the present misfortune of Carolina, to which they desire the concurrence poverty which you tell me of, your House sitts of the Council. at nigh fourscore pound a day charge to this Colony." Ordered, That the Clerk of the General Assembly carry ye following message from the Governor to the House of Burgesses. "Mr. Speaker and Gentlemen of the House of Burgesses. And the said Resolve being read. That no duty be demanded from either of the petitioners for the importation of the thirty-one negros or slaves belonging to the petitioners untill such time as it shall appear that the petitioners or one of them do design to settle or continue in this Colony or by sale to dispose of any of the said slaves. Ordered, That the Clerk of the General Assembly carry the following message from the Governor to the House of Burgesses. House of Burgesses. "In answer to that part of your address which relates to the applications made from South Carolina, and the measures taken thereupon, I send you the letter from the Governor and Council of that province sent by their commissioners, with the treaty concluded for their assistance. The" Mr. Speaker and Gentlemen of the number of men which, by the advice of the Council was thought fit to be furnished, from hence is 300, of which there are 150 already dispatched. I cannot lay before you an exact computation of the charge, because the expence of provisions depends upon the time the men last embarked shall be in their passage, and the facility or diffi * See note A. "In answer to a verbal message which I last night received from you by one of your committees, setting forth, that your House having had under consideration a petition of the Nottoway Indians, has now sent it and referr'd it to me, with your desire that I would be pleased to give them relieff therein; I must informe you that it is not solely in me, no more than in your House, [ther wanting, it may be properly supplyed when to repeal or dispense with laws (which is the that bill comes before the council." plain purport of their grievance) nor am I of myself to make void solemn treatys when once they have been approved by our Sovereign. TUESDAY, AUGUST 16TH, 1715. "If their representative, whom it seems they A message from the Burgesses to the Council have in your House, can make appear to me that by Mr. Robinson and others, who brought a Rethey have been wrong'd by any one in this Gov-solve of the Burgesses, relating to the slaves imernment I shall take care they be righted as far ported from South Carolina during the present as my authority and the laws will allow of; nor calamitys of that Province, to which they desire shall I deny them, upon account of this misbe- the Council's concurrence. haviour of theirs in applying to your House, the continuance of the same protection which they ought ever to have had."* FRIDAY, AUGUST THE 12TH, 1715. Resolved, That a bill be brought in for remedying certain inconveniencys in the act passed in the 12th year of her late Majesty's reign, entitled an act for preventing frauds in tobacco payments and for the better improving the staple of tobacco. Ordered, That the Clerk of the General Assembly carry the following message from the Council to the House of Burgesses. "Mr. Speaker and Gentlemen of the House of Burgesses. "The Council taking into consideration that in the present calamitys of the province of South Carolina, several of the inhabitants may probably remove their familys and slaves hither: and your House having judged it reasonable that the slaves already imported by Mrs. Sarah and Elizabeth Fenwick should be exempted from the payment of the dutys of five pounds and six pence head, the Council propose that the same exemption be extended to all others coming from that province under the like circumstances." Ordered: That the Clerk of the General Assembly carry the following message from the Governor to the House of Burgesses: "Mr. Speaker and Gentlemen of the 66 I And the said resolve being read was agreed to by the Council, and is as follows: Resolved and accordingly ordered: That all slaves imported into this Colony from South Carolina during the present calamitys of that province be exempted from the payment of the dutys of five pounds and sixpence per head, unless the said slaves, after their importation, be this government. exposed to sale or be continued and settled in And the Governor was pleased to sign his assent thereto. A message from the Burgesses to the Governor by Mr. Armistead and others, that the Council and themselves had passed a Resolve for exempting the slaves imported from South Carolina by Mrs. Sarah and Elizabeth Fenwick from the payment of the dutys of five pounds and six pence P head, to which they desired the Governor's assent. Whereupon the Governor signed his assent to the said Resolve. A bill was (according to order of Friday last) prepared for remedying certaiu inconveniencys in the tobacco law-and the said bill was read the first time and ordered a second reading. A message from the Burgesses to the Governor by a committee of their house, who brought the following address: "To the Honorable Alexander Spotswood, His Majesty's Lieutenant Governor of Virginia. «THE HUMBLE ADDRESS OF THE HOUSE OF BURGESSES. May it please your Honour. 66 "We, His Majesty's most dutifull and loyal House of Burgesses: subjects the Burgesses assembled, do humbly beg leave to represent and lay before your Honour According to your desire in your address, that Richard Littlepage aud Thomas Butts, Gennow lay before you some proposals for making tlemen were by warrant from the Speaker of your Militia more usefull, in which I have set this House of Burgesses taken into custody for forth some of the inconveniencys under which misdemeanours by them committed, and so bethe people labour by the present Constitution, ing in custody, in contempt of the authority of that I may shew you that I am not for abroga- this House have made their escape: whereupon ting old laws without giving my reasons. I shall leave to your judgment to make such additions as you find necessary when these heads come to be framed into a bill, and if I find anything fur See note B. another warrant being by order of this House issued to the messenger to pursue and retake them, the said Richard Littlepage and Thomas Butts, the said messenger made return of the last mentioned warrant, that he had been with Mr. Rich House are in danger of being utterly subverted, and that ye rights and priviledges it has heretofore from its infancy enjoyed, may be defended to succeeding Assemblys, whom we pray may have no less concern but far greater opportunity to promote the honour of this Country, than we have now under its present pressures of poverty. ard Littlepage and Mr. Thomas Butts, and re- | contempts of these may afford to other licentious quired them both to give obedience to the said persons, you will concur with us in our sentilast mentioned warrant, by surrendering them-ments, that the freedoms and priviledges of this selves into his custody; but they both refused, saying they knew no authority the House of Burgesses had to send for them, nor would obey any of their warrants on account of the above charge. And the said messenger, for want of force sufficient to put the said warrant in execution, not being able to perform his office and duty therein, we, trusting your Honour will support and maintain this House in their just rights and priviledges. humbly pray you will be pleased to give such orders and directions for bringing the said Richard Littlepage and Thomas Butts to answer their repeated contempts and misdemeanours before this House as to your Honour shall seem proper." To which the Governor said, he would return the House an answer in writing. THURSDAY, AUGUST YE 18TH, 1715. The bill for amending the tobacco law (read first on Tuesday last) was read the second time and committed for amendments. A message from the Burgesses to the Governor, by Colonel Corbin and others, who brought the following address: "We, trusting your Honor will defend and maintain this House in their ancient rights and priviledges, assured to us by your Honor at the opening of this session, humbly intreat your Hon'r will be pleased to give such immediate orders and directions for the speedy bringing the said Richard Littlepage and Thomas Butts before this House, to answer their said contempts and misdemeanours, as your Hon'r shall judge most effectual for that purpose." FRIDAY, AUGUST THE 19TH, 1715. A message from the Burgesses to the Council by Mr. Clayton and others, who brought a bill entitled An Act to repeal certain Acts and Clauses of an act therein mentioned, and for making payments of publick tobacco good and conveni "To the Hon'ble Alexander Spotswood, His Ma-ent, and for laying a duty on tobacco-to which jesty's Lieutenant Governor of Virginia. "THE HUMBLE ADDRESS OF THE HOUSE OF BURGESSES. "May it please your Hon'r: 66 We, His Majesty's most dutifull and loyal subjects the Burgesses assembled, being moved with the utmost concern for the support of the rights and priviledges of that House whereof we are at this time members, do most humbly supplicate your Hon'r that you will not resent our importunity in making this second address, and intreating your Hon'r to reflect on the reiterated contempts and violation of the ancient and undeniable priviledges of our House, committed by Richard Littlepage and Thomas Butts, of New Kent County, sett forth in our address to your Hon'r of the 16th instant. 'Twas your authority, Sir, derived from our Dread Sovereign Lord the King that brought us hither, and your wonted goodness and justice gave us hopes that the same power that convened us, would skreen us from the contumacy not only of those two persons, but also from the calumnys and reviling expressions of some other persons of less account, whose insolence we conceive had birth from the impunity of those two gen tlemen. they desire the Council's concurrence. That the Clerk of the General Assembly carry the following message from the Governor to the House of Burgesses: "Mr. Speaker and Gentlemen of the House of Burgesses: "I am sorry to find your utmost concern to be about what you call the rights and priviledges of your House, while you seem to reserve none for the distressed condition of your neighbours, and testify the greatest indifference for the safety and honour of your country. "I cannot but think that what I recommended to you at ye opening of this session is more material and of a nature more needing dispatch than what you on the 16th instant addressed me for. And if I waited six days for your answer, and still acquiesce under the prospect of no performance on your part, methinks you also might have had patience for some time longer than two days, ere you expected I should fully comply with what you had asked. "I am ready to assist your House in the maintenance of its just rights and priviledges, but you must excuse me from aiding in any of your in"If our meritt can plead no claim to your vasions on the prerogative. Nor can I joine to Honor's favour, yet we hope that when your defend all that you may call your ancient priviHonor takes into your consideration how great ledges; for then your House might reassume the encouragement the unpunished escapes and open power of appointing all the Justices of Peace as it did in former days, and such an authority vested again in you will not be more repugnant to the constitution of England (which these Colonies are to conform to) than that which you are now pretending to, viz. that your House shall be the Court of Judicature where Justices are to be tryed, and final sentence passed upon them, for their judgment given upon the bench, even in matters that do not concern the Burgesses in Assembly. "You have an officer authorized to bring before you all persons whom you want to examine, and likewise to keep in custody all them you find guilty of a breach of your priviledges. And I have not understood that any one yet has refused to appear and answer to any accusation of that kind, or to submitt to ye censures of your House for any offence committed against it. Even the two gentlemen you complain of, obediently and respectfully attend pursuant to your orders; but if you will charge them with only misdemeanours, which ought not to be in judgment before you, and they will not submitt to the sentence you pass upon them for the same, I for my part must desire to be excused from medling in a contest that I observe has been very irregularly begun. "And seeing your proceedings make the load of government sett already heavily enough upon my shoulders, I have the more reason to decline taking up any other burthens in this perrilous juncture of affairs, than such as regard the present safety of the country." The amendments to the Bill concerning the tobacco law, which was committed for amendments on the 18th inst. being read and agreed to, Ordered, that the said bill be engrossed. SATURDAY, AUGUST THE 20TH, 1715. A Bill sent up from the Burgesses on yesterday for the repeal of certain acts and parts of an act relating to tobacco and for other purposes, was read the first time. And thereupon, the Council taking into consideration that the tacking things of a different nature to a money bill is an encroachment on the priviledge of the Council-it is therefore Resolved, That the said bill be rejected. MONDAY, AUGUST THE 22D, 1715. The bill ordered to be engrossed on the 19th instant was read the third time with the amend ments. TUESDAY, AUGUST THE 23d, 1715. Ordered, That the Clerk of the General Assembly carry the following message from the Council to the House of Burgesses. "Mr. Speaker and Gentlemen of the "The Council having had under consideration a Resolve of your House of Saturday last, in these words, viz: 'Resolved, that this House have an undoubted right of receiving, hearing and redressing the grievances of the inhabitants of this Colony when legally certifyed;' by which it would seem as if the Burgesses would assume to themselves alone a power which neither House can challenge singly, nor both without the Governor's concurrence, The Council therefore hope that as the Burgesses cannot be ignorant that the power of redressing the grievances of the people is lodged in the whole General Assembly, either recede from or explain the aforesaid reand not in any one part thereof, your House will solve, that the rights and priviledges of the Council in Assembly may not be infringed thereby. "It is plain by the very words of the law that all propositions and grievances ought to be certhe constant practice heretofore that such grievtifyed to the General Assembly, and it has been ances as have been so directed have been first then referred to your House; yet it appears that presented to and considered by the Council and sundry propositions and grievances directed to the General Assembly have been this session communicated to the Council, as of right they considered in your House without being ever ought to have been as they are the upper house of Assembly. The Council therefore expect from the justice of your House, that whatever of that kind may have happened through inadvertency shall not be drawn into precedent for the future, to the prejudice of the rights and priviledges of the Council."* FRIDAY, AUGUST THE 26TH, 1715. A message from the Burgesses to the Council by Mr. Clayton and others who brought the following message in writing: 66 May it please your Honours. "The Burgesses having taken into consideration the message sent by your Honours to this House the 23d instant, whereby your Honours desire this House to recede from or explain a re Resolved, That the bill with the amendments solve made on Saturday last, by which this Houso do pass. Ordered, That the Clerk of the General Assembly carry the said bill to the Burgesses and acquaint them that the Council desire their concurrence thereto. hath asserted their undoubted right of receiving, hearing and redressing the grievances of the inhabitants of this Colony when legally certifyed. "We do assure your Honours this House did * See note C. |