Part 16 (1/2)

-- 49. Thus I have given a succinct account of the Indians; happy, I think, in their simple state of nature, and in their enjoyment of plenty, without the curse of labor. They have on several accounts reason to lament the arrival of the Europeans, by whose means they seem to have lost their felicity as well as their innocence. The English have taken away great part of their country, and consequently made everything less plentiful amongst them. They have introduced drunkenness and luxury amongst them, which have multiplied their wants, and put them upon desiring a thousand things they never dreamt of before. I have been the more concise in my account of this harmless people, because I have inserted several figures, which I hope have both supplied the defect of words, and rendered the descriptions more clear. I shall, in the next place, proceed to treat of Virginia as it is now improved, (I should rather say altered,) by the English, and of its present const.i.tution and settlement.

OF THE PRESENT STATE OF VIRGINIA.

AS THIS BOOK MUST CONSIST OF TWO PARTS, FIRST, THE POLITY OF THE GOVERNMENT; SECONDLY, THE HUSBANDRY AND IMPROVEMENTS OF THE COUNTRY; I SHALL HANDLE THEM SEPARATELY.

BOOK IV.

PART I.

OF THE CIVIL POLITY AND GOVERNMENT OF VIRGINIA.

CHAPTER I.

OF THE CONSt.i.tUTION OF GOVERNMENT IN VIRGINIA.

-- 1. I have already hinted, that the first settlement of this country was under the direction of a company of merchants incorporated.

That the first const.i.tution of government appointed by them was a president and council, which council was nominated by the corporation or company in London, and the president annually chosen by the people in Virginia.

That in the year 1610, this const.i.tution was altered, and the company obtained a new grant of his majesty; whereby they themselves had the nomination of the governor, who was obliged to act only by advice in council.

That in the year 1620, an a.s.sembly of burgesses was first called, from all the inhabited parts of the country, who sat in consultation with the governor and council, for settling the public affairs of the plantation.

That when the company was dissolved, the king continued the same method of government, by a governor, council and burgesses; which three being united were called the general a.s.sembly.

That this general a.s.sembly debated all the weighty affairs of the colony, and enacted laws for the better government of the people; and the governor and council were to put them in execution.

That the governor and council were appointed by the king, and the a.s.sembly chosen by the people.

Afterwards the governor had a more extensive power put into his hands, so that his a.s.sent in all affairs become absolutely necessary; yet was he still bound to act by advice of council in many things.

Until the rebellion 1676, the governor had no power to suspend the counsellors, nor to remove any of them from the council board.

Then a power was given him of suspending them, but with proviso, that he gave substantial reasons for so doing; and was answerable to his majesty for the truth of the accusation.

Then also this model of government by a governor, council and a.s.sembly, was confirmed to them with a farther clause, that if the governor should happen to die, or be removed, and no other person in the country nominated by the crown to supply his place, then the president, or eldest councillor, with the a.s.sistance of any five of the council, should take upon him the administration of the government, all which are authorized by commission and instructions to the governor.

Before the year 1680, the council sat in the same house with the burgesses of a.s.sembly, much resembling the model of the Scotch parliament; and the Lord Colepepper, taking advantage of some disputes among them, procured the council to sit apart from the a.s.sembly; and so they became two distinct houses, in imitation of the two houses of parliament in England, the lords and commons; and so is the const.i.tution at this day.

-- 2. The governor is appointed by the crown; his commission is under seal, and runs during pleasure.

He represents the king's person there in all things, and is subject to his instructions.

His a.s.sent is necessary to the laws, agreed upon by the council and a.s.sembly; without it no law can be made.