buildings by law required to be built as incident thereto, at their own proper cost and charge, without burthening the people with a levy for that occasion, if your Honour will be pleased to permitt the said Court to be held at some other place more convenient to the inhabitants of the said County than ye City of Williamsburgh. not intend by the said resolve to assume to them-situated at almost the extreme end of the said selves a right of redressing grievances exclusive County is very inconvenient to the greatest numof the Council or the Governor, and with due ber of the inhabitants thereof, whose business resubmission to your Honours do think the words quires their frequent attendance at the said Court, of the said resolve do import no more than that more especially to those who ly on the western this House hath right to receive and hear griev-side of the river Chicahominy, and divers of the ances legally certifyed in order to prepare bills said inhabitants having proposed to this House for redressing such of them as we shall judge to erect a court-house, together with all other proper for the concurrence of the Council thereto. "The law does require all propositions and grievances to be certifyed to the General Assembly, and be delivered to the Burgesses by them to be presented accordingly. The manner of directing them is not appointed by law, and it has been done after diverse forms, and sometimes they have been presented without any di- "We therefore in most humble manner beg rection. And as this House constitutes that part leave to represent the case of the said inhabiof the Legislature which represents the people tants to your Honour for your favour therein, and from whom the propositions and grievances have intreat your Honour that you will be pleased to their rise, we humbly conceive this House may permitt the said inhabitants to provide a courtproperly and lawfully receive and hear in order house and such other necessary edifices as are by to redress, all propositions and grievances not law required to be erected, at their cost and particularly addressed to the Council or the Gov-charge, without laying a levy for the same, either ernor. "Nevertheless, this House being desirous to establish and maintain a good understanding with your Honours of the Council, and to give you the fullest light we can into the state of the affairs of this country, are very willing to transmit to your House all such propositions and grievances as now are or at any time hereafter shall be delivered to this House, for your perusal, when you shall think fitt to require them, and humbly hope your Honours will believe this House will not at any time attempt to invade any of the priviledges of the Upper House." Ordered, That the said message ly upon the table for further consideration. SATURDAY, AUGUST THE 27TH, 1715. A message to the Governor from the Burgesses by Mr. Clayton and others, who brought the following address, viz: "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. at James City where the Court for the said County hath been kept time out of mind, or some other place near the center of the said County, and that you will be pleased to order the justices of the peace for the said County to hold the court at such place." To which the Governor answered: "I know by what malignant person that grievance was drawn up, and in what unlawfull manner it was got signed; and after five years residence upon the borders of James City County, I think it hard I may not be allowed to be as good a judge as Mr. Marable's rabble, of a proper place for the court-house. "To remove a County Court upon the application of its justices (as I have done) is expressly according to the law of this Colony, and I am not inclinable to do extraordinary acts merely to gratify the humour of some persons who make it their greatest merit with the people to oppose whatever may be for the interest and dignity of His majesty's government." The Governor having received an address from the House of Burgesses of the 22d instant in the words following: "To the Honourable Alexander Spotswood. His Majesty's Lieutenant Governor of Virginia. "THE HUMBLE ADDRESS OF THE HOUSE OF BURGESSES. "Hon'd. Sir: "We, His majesty's most dutifull and loyal subjects, the Burgesses now assembled, humbly beg leave to represent to your Honour, that we having considered the grievance presented to this House from severall of the inhabitants of the County of James City, that by application "We, the Burgesses now assembled, are bearof four of the justices of the said County (when tily sorry that your Honour is not better apprized the Court consisted of six) the Court for the said of our concern for the distress of our neighCounty is lately removed from James City to bours; and that you should have any apprehenWilliamsburgh, which last mentioned place being | sion of an indifference in us for the safety of our country after we have given so full assurances of our unfeigned zeal for its preservation. "In our address to your Honour of the 9th instant, we declared our intentions of giving all the supplys to the support of South Carolina that the State of our country would afford, and therein signifyed that we should not act from any other motive or principles than a zeal for ye glory of God, the service of our King and the welfare of our country. “And we cannot believe that your Honour is unacquainted with our resolutions and endeavours to bring our promises into real performances; but if the low condition of our country, which is reduced to the last degree of poverty by the many engagements it lately lay under, and the general grievance of those people we represent. claimed any part of our consideration, we hope your Honour will excuse our not answering what you were pleased to recommend to us in reference to South Carolina, till we had considered how to fall upon such measures as should be most agreeable to redress them and least burthensome to ourselves. true representation thereof, we believe that such matters do concern the Burgesses in Assembly, and we rather incline to that opinion because the law has not made any other provision in that case. "Surely the case of those two gentlemen has been represented to your Honour in more favourable colours than ever it appeared to us. We assure you, sir, that one of them never appeared before our House, and he that did, by his behaviour shewed so much disrespect that every word and action carryed with it an air of scorn and contempt. "Our respect for the authority vested in your Honour excites us to exert our utmost efforts to amove whatsoever may obstruct the facility of your Honour's government, and we shall always shew a dutifull regard to your Honour's commands, with a steady resolution to act nothing that shall tend to the present or future disadvantage of our country. "Suffer us yet (without incurring your Honour's displeasure) to say that these beginnings, if we have not yer Honour's assistance, will be “To manifest our commiseration toward those so improved, that whatever is resolved in our people we have pass'd a bill for raising what House contrary to the humour of any disaffected money your Honour proposed would be needful persons will be turned into ridicule by them, and for the relief of that Province. And to evince the authority of the House of Burgesses will your Honour that we have no other means to re-fall away insensibly till it becomes nothing but dress them than by easing our own people of shadow and name. And as we believe Mr. Litthose burthens which they complain ly so uneasy tlepage and Mr. Butts grounded their contempts on them, and which are represented to us as upon some assurance of our disability, without the general grievance of this country, we have some other aids, so we are fully convinced that made provision for both in one bill, without their unpunished misdemeanours will lay the which we are not of ability to afford any such supplys as are required. foundation of such future attempts as a sad experience will inform us had better have been suppressed in their rise than punished in their full growth." Ordered, That the Clerk of the General Assembly carry the following message from the Governor to the House of Burgesses in answer to the said ad "If we deemed ourselves under an obligation to expedite our second address to your Honor for your assistance in defence of those rights and priviledges which our ancestors for a long and uninterrupted series of time enjoyed under ye administration of all your predecessors, and which we believed were infringed not only by Mr. Lit- dress: tlepage and Mr. Butts, but also by others encouraged from their unjustifiable contempts, we hope the resolutions of our House may entitle us to your favourable construction upon our proceedings and plead for our impatience. Mr. Speaker and Gentlemen of the House of Burgesses. "I understand by the question yesterday in your House, whether the necessary business "We assure your Honour that no desires of should be proceeded on, that you expect an aninvading upon the Royal prerogative shall have swer to your address of the 22d instant; and the least entertainment in our breasts, neither do thereupon I say, that if the full assurances, the we pretend to claim any priviledge of constitu- unfeigned zeal and the real intention which you ting the justices of the peace: but suffer us, sir. now tell me of, have been couched in such dark to say that when justices in cases where they are terms that my understanding could not find them not judicial but ministerial only, will assume a out, in either your publick resolves or address of jurisdiction, and by their judgment debarr the the 9th instant, yet have you had sufficient time people and their representatives of ye rightfull to explain your true meaning by your proceedways and means prescribed by law for redress-ings. ing their grievances, by excluding them from al The surest information I can have of your VOL. XVII-75 resolutions and endeavours, is from the bills you 20th instant will have it) by justices refusing send the Council: but I can therein no more to receive and certify their propositions and discover any measures taken for the security of grievances: And if in this case you will reckyour frontiers than any supply granted for the on them only ministerial officers, and divestsupport of your neighbours; unless you will ing them of their judicial capacity, expect they reckon four hundred and fifty pounds which you tack'd to a bill that you were sensible would never pass the Council or me. must certify all remonstrances, whether true or false, lawful or seditious, and in what manner soever they be presented, then I cannot see to "When you speak of poverty and engage- what end the laws for presentation of grievances ments, you argue as if you knew the state of have been made or of what signification the jusyour own country no better than you do that of tices' attestations are. taxes. others; for as I that have had the honour to “As I have remarked that your predecessors preside for some years past over this government have often in this case wanted the Court's certido positively deny that any publick engagements ficates, so I dare say you are the first House that have drawn any more wealth out of this Colony ever has proceeded to punish the justices for the than what many a single person in it has on his same: And if you will judge otherwise of your own account expended in the time, so I do as- rights and priviledges than your ancestors have sert that there is scarce a country of its figure in done, and will aim at greater power than ever the the Christian World less burthened with publick | Commons of England pretended to, you must expect to be baffled while you have a Governor who "If yourselves sincerely believe that it is re- is resolute in the maintenance of a Constitution duced to the last degree of poverty, I wonder conformable to that of England. Nor is a sett the more that you should reject propositions for of men who came hither obstinately bent to do lessening the charge of Assemblys; that you nothing for the safety and dignity of His Majesshould expell gentlemen out of your House for ty's government, but upon the hardest conditions, only offering to serve their countys upon their likely to work upon him to yield them up any own expence, and that while each day of your part of his just authority. sitting is so costly to your country you should spend time so fruitlessly; for now, after a session of twenty-five days, three bills only have come from your House, and even some of these framed as if you did not expect they should pass "But for brevity sake to wave replying to sundry of your arguments and apologys which have little weight in them, and to explain myself as clearly as I can upon the point in contest, I do assure the House of Burgesses, that my authority is ready to compell to appear before them any into acts. "I am not surprized at your laying an extra-person whom they have occasion to examine, or ordinary stress upon the papers of grievances which have been delivered to this Assembly, since I know them to have been originally framed and drawn up by many persons among you; and perhaps their bearing so near a relation to your House may incline you to judge it a breach of your priviledges that some justices in the Courts held for certifying grievances have declared them to be false and seditious, and given them some 'obstruction in their passage. "If you look back into the journals of former Assemblys, you may find that the people's propositions and grievances have frequently failed of the County Court's attestation; yet have they not been thereby debarred from having them ander the Assembly's consideration, since it has been ye practice of your House to admitt them without that form, so soon as the cause of the failure has been sett forth; and even all ye uncertifyed grievances of this session make in your journal of the 10th instant as lawfull an appearance as any at the introduction of that bill which the Council flung out at the first reading. "So that the people's rights and libertys cannot be subverted (as your Resolve of the whom they ask to be delivered up to their justice, for an undoubted breach of their priviledges: But when they charge men with arbitrary and illegal acts and misdemeanours, and thereupon pass resolutions that they ought to be punished and compelled to answer at the bar of their House, I must plainly declare that I will not assist in the bringing of any of his Majesty's subjects to plead to a charge of crimes and misdemeanours at the Burgesses' bar." WEDNESDAY, AUGUST THE 31ST, 1715. A message to the Council by Mr. Merriwether and others, who brought the following bills, viz : A bill entituled An Act to disable persons holding certain places of profite in this Colony from being members of the House of Burgesses, and a bill entituled An Act for the frequent meeting and calling Assemblys, to which they desire the Council's concurrence. And the said bills were read the first time and ordered a second reading. THURSDAY, SEPTEMBER THE 1ST, 1715. ing and calling of Assemblys, read the second time and committed for amendments. A bill entituled An Act for disabling persons holding certain places of profite in this Colony from being members of the House of Burgesses, read the second time, aud the question being put that the bill be read a third time, it passed in the Negative. The Council being mett after adjournmentA bill entituled An Act for the frequent meeting and calling Assemblys-read the third time with the amendments. Resolved, That the bill with the amendments do pass. That the Clerk of the Generall Assembly carry the said message to the House of Burgesses— which is in the words following: "Mr. Speaker and Gentlemen of the "The Council having seen some Resolves of your House of Friday last, of a very extraordi Ordered, That the Clerk of the General Assembly carry the said bill to the Burgesses, and acquaint them that the Council have pass'd the same with some amendments, to which they de-nary nature, and drawn in such a style as if they sire the concurrence of that louse. were designed to expose the Lieutenant Governor and themselves as well as the last House of Burgesses; and to appeal to the people for the justification of your proceedings; think themselves obliged both in vindication of the truth, which in their opinion is in some things grossly FRIDAY, SEPTEMBER THE 2ND, 1715. A message from the Burgesses to the Council by Mr. Clayton and others, that upon consideration of their Honours amendments to the bill misrepresented, and for the preservation of the entituled An Act for the frequent meeting and calling of Assemblys, they have agreed to some of the said amendments and to others had disagreed, and desire the Council to pass the bill without those amendments to which their House have disagreed. Then the amendments disagreed to being read, Resolved, That the Council do adhere to all their Amendments to the said bill. Ordered, That the Clerk of the General Assembly return the said bill to the Burgesses and acquaint them that the Council adhere to all their amend ments thereto. peace of the Country, which they take to be very much endangered by such a strange conduct, to take ye said Resolves into consideration, and to endeavour either to persuade you into a better mind, or at least to justify the Governor and Government from such harsh and undeserved aspersions. "1. Whereas, in the first of these Resolves, ye declare that the Lieut. Governor by his agreement with the House of Burgesses at their session in 1714, hath engaged to defend the ffrontiers of this Colony until December 1716, for the several summs of money and tobacco then given him for that purpose. We can't believe A bill entituled An Act for encouragement of you could be ignorant that all that defence relasuch persons as have gone and shall go voluntated only to the settled pay of the Rangers, and rily into the service of South Carolina, read the second time and committed for amendments. The Council having adjourned for an hour, and being again mett the building the ffort at Christanna, and some other things there enumerated; and that it could have no reference to any such extraordinary emergency as has happened to our neighbours of A bill entituled An Act for encouragement of South Carolina, or may happen to us by the insuch persons as have gone and shall go volunta-vasion of any enemy whatsoever; and especially rily into the service of South Carolina-read the since in your first address to the Governor, you assure him that you are heartily desirous to joine third time with the amendments. Resolved, That the bill with the amendments your endeavours in giving your best advice and assistance for the Better security and Defence do pass. of your Country. We are therefore amazed that Ordered, That the Clerk of the Generall Assembly carry ye not only neglect the providing for the defence the said bill to the Burgesses and acquaint them of the Country in a time of apparent danger, but that the Council have pass'd the same with sev-would insinuate to the people that it must be the eral amendments, to which they desire the con- fault of the Lieutenant Governor, if they are not well defended, he having received a sufficient currence of that House. fund for that service, when to our knowledge the for the imputation in the Lieutenant Governor's engagements entered into by the Lieutenant Gov- message, that you are a sett of men obstinately ernor last session of Assembly eased the people bent to do nothing for the safety and dignity of above two hundred thousand pounds of tobacco His Majesty's government. But we are of opinin their last year's levy, and the whole ffund was ion that it is not words but actions that will wipe solely appropriated by the Assembly, and not off this imputation. If the Heathen enemy one farthing of it given to the Lieutenant Gover- should fall upon us as they have done on our nor for any other occasion. neighbours, have ye done anything for our de"2. In the second of these resolves we can't fence? And tho' in your zeal against the late but think it strange that you speak of a real in law for preventing frauds, &c., ye assert that it tention to relieve South Carolina; when ye have is no ways for the safety, support or dignity of shewed it no other way but by tacking an offer this government, it will require something more of four hundred and fifty pounds to the repeal of than strong assertions to convince the world that the tobacco law; surely ye could not be igno-fraud and trash are as much for the dignity or rant (it is a thing so well known) that all tack'd interest of the government as honesty and fair bills are of course to be rejected by the standing dealing. And as for the better provision you rules of our House. And if ye had had such a real speak of for the clergy and publick creditors and intention to relieve Carolina ye have had time officers, by the bill ye now offered, than by the enough to do it by a new bill without any clog law ye would have repealed; we are well satisor tack. fyed the clergy and publick officers are of another opinion, as having long suffered by the old fraudulent way of packing and paying away tobacco, the worst of it being commonly put upon them, tho' even then they had more unbyassed and disinterested judges to view it than by the bill you prepared, whereas by the present law their payments are of equal value with that of other people. "3. In your third resolve, we cannot wonder enough that ye complain so heavily of the agent's fees, and yet refused to join in a bill for lessuing the same one half upon all crop tobacco. "4. In your fourth resolve, tho' there is a law ascertaining the Burgesses' sallary, we know neither law nor practice either of England or Virginia to hinder any gentleman generously to offer to serve his country gratis, and can't reconcile it, that your House, which complains so much of the poverty of the Country, should be the first to discourage such a generous practice in these gentlemen and so frugal to the publick. "9. As to your ninth resolve, that the refusal of the Hon'ble the Lieutenant Governor to grant his aid to compell Richard Littlepage and Thomas Butts of New Kent county to appear at the bar of your House, is a denial of your just "5. As to your fifth resolve, we can't see how rights and priviledges, though we are unwilling to the dispute between the Lieutenant Governor enter into a dispute about your priviledges, we and you should ty up your hands all this time, must do the Lieutenant Governor right to bear that you could not form one bill to answer the witness, that if ye would have separated what good design of your meeting, viz. the assistance was your undoubted priviledge in that matter, of your distressed neighbours and the defence of (namely, the retaking a prisoner that had escathe Country; there being nothing more common ped from your messenger,) from another more in our Mother Country than to have disputes about priviledges at the same time that ways and meaus for the publick safety and defence are diligently contrived and put in execution. "6. In your sixth resolve, the libertys of the people are a plausible plea, but we see not how the justices being upon their oaths are obliged to certify anything they think false or seditious; or as the grievances of more persons than are ready to own it in their presence. difficult point, (which was the erecting of yourselves into a court to try crimes and misdemeanours at the bar of your House,) he always declared his readiness to assist you with his au thority; but your stiffly insisting on both those points was the sole cause of his denying you that assistance you desired. 10. But your last resolve, that the message from the Lieutenant Governor of the 27th of August last, contains in it undeserved and scandalous reflections upon the persons and proceedings of this House of Burgesses, is contrived in such haughty and indeed scurrilous terms, and so unbecoming the respect due to His Majesty's "7. As to your seventh resolve, it is not your opinion of what is false or seditious, but their own judgments and opinions that the magistrates upon their oaths are to be governed by; nor if they transgress their duty, does it follow that they Representative, and the gratitude the country are answerable at the bar of your House except for the breach of your (not the people's) priviledges. "8. As to your eighth resolve, we are sorry owes to Col. Spotswood for his vigilant and just government, and his zeal both for His Majesty's and the Country's service, that we are mightily surprised at it, as savouring more of passion than |