The History and Present State of Virginia: A New Edition with an Introduction by Susan Scott Parrish

BOOK IV. Of the Present State of Virginia

1222222222222222222223 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 4 6 7888888888888888888889 BOOK IV. Of the Present State OF V I RG I N I A. As this Book must consist of two Parts, First, The Polity of the Government; Secondly, The Husbandry and Improvements of the Country; so I shall handle them separately. This page intentionally left blank [ 189 ] PART I. Of the Civil Polity and Government of Virginia. CHAP. I. Of the Constitution of Government in Virginia.§.1. Have already hinted, that the first Settlement of this Country, was under the direction of a Company of Merchants incorporated . That the first Constitution of Government appointed by them, was by a President and Council, which Council was nominated by the Corporation , and the President annually chosen by the People. That in the year 1610 this Constitution was altered, and the Company obtain’d a new Grant of his Majesty; whereby they themselves had the nomination of the Governor, who was oblig’d to act only by advice in Council. That in the year 1620,1 an Assembly of Burgesses was first call’d, from all the inhabited parts of the Country, who sat in consultation with the Governor and Council, for setling the Publick Affairs of the Plantation; and so the form of Government became perfect. That when the Company was dissolv’d,2 the King continued the same method of Government, by a Governour, Council, and Burgesses; which three being united, were call’d the General Assembly. That this General Assembly 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. i 190 BOOK IV. That the Governor and Council were appointed by the King, and the Assembly chosen by the People. Afterwards the Governor had a more extensive Power put into his hands, so that his Assent in all affairs became absolutely necessary; yet was he still bound to act by Advice of Council. Until the Rebellion 1676, the Governor had no power to suspend the Councellors, 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 Assembly , was confirm’d to them [by] Charter, with a further 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 Councellor, with the assistance of any five of the Council, should take upon him the Administration of the Government. Before the year 1680, the Council sat in the same House with the Burgesses of Assembly, much resembling the Model of the Scots Parliament; and then the Lord Colepepper taking advantage of some Disputes among them, procur’d the Council to sit apart from the Assembly; 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 Constitution at this day.§.2. The Governor is appointed by the Crown; his Commission is under the Privy Seal, and runs during Pleasure.3 He represents the Queen’s Person there in all things, and is subject to her Instructions, viz. In assenting to, or dissenting from the Laws, agreed upon by the Council and Assembly. In giving his Test to all Laws so assented to. In Calling, Prorogueing, and Dissolving the Assembly.4 In calling, and presiding in all Councils of State. In appointing Commissioners and Officers for the administration of Justice. In granting Commissions to all Officers of the Militia, under the degree of a Lieutenant-General, which Title he bears himself. In ordering and disposing the Militia for the defence of the Country, according to Law. In testing Proclamations.5 191 The Present State of the Country. In disposing of the Queens Land according to the Charter, and the Laws of that Country; for...