have been carried on by the House of Delegates, or the law fhall otherwife particularly direct; on which cafes no reprieve or pardon fhall be granted, but by refolve of the House of Delegates. Either House of the General Affembly may adjourn themselves respectively. The governor fhall not prorogue or adjourn the Assembly during their fitting, nor diffolve them at any time but he fhall, if neceffary, either by advice of the Council of State, or on application of a majority of the House of Delegates, call them before the time to which they fhall ftand prorogued or adjourned. A Privy Council, or Council of State, confifting of eight members, fhall be chofen by joint ballot of both Houses of Affembly, either from their own members of the people at large, to affift in the adminiftration of government. They fhall annually chufe, out of their own members, a prefident, who, in cafe of death, inability or absence of the governor, from the government, fhall act as lieutenant-governor. Four members fhall be fufficient to act, and their advice and proceedings fhall be entered on record, and figned by the members prefent (to any part whereof any member may enter his diffent) to be laid before the General Affembly, when called for by them. This council may appoint their own clerk, who fhall have a falary fettled by law, and take an oath of fecrecy in fuch matters as he fhall be directed by the board to conceal. A fum of money appropriated to that purpose fhall be divided annually among the members, in proportion to their attendance; and they fhall be incapable, during their continuance in office, of fitting in either House of Affembly. Two members fhall be removed, by joint ballot of both Houses of Affembly, at the end of every three years, and be ineligible for the three next years. Thefe vacancies, as well as those occafioned by death or incapacity, fhall be supplied by new elections in the fame manner. The delegates for Virginia in the Continental Congrefs fhall be chofen annually, or fuperfeded in the mean time by joint ballot of both Houfes of Affembly. The prefent militia officers fhall be continued, and vacancies. fupplied, by appointment of the governor, with the advice of the privy council, on recommendations from the respective county courts; but the governor and council fhall have a power of fufpending any officer, and ordering a court-martial on complaint of misbehaviour or inability, or to fupply vacancies of officers happening when in actual fervice. The governor may embody the militia, with the advice of the privy council; and, when embodied, fhall alone have the direction of the militia under the laws of the country. The two Houfes of Affembly fhall, by joint ballot, appoint judges of the Supreme Court of Appeals, and General Court, judges in Chancery, judges of Admiralty, fecretary, and the attorney-general, to be commiffioned by the governor, and continue in office during good behaviour. In cafe of death, incapacity or refignation, the governor, with the advice of the privy council, fhall appoint perfons to fucceed in office, to be approved or displaced by both Houfes. Thefe officers fhall have fixed and adequate falaries, and, together with all others holding lucrative offices, and all minifters of the gospel, of every denomination, be incapable of being elected members of either Houfe of Affembly, or the privy council. The governor, with the advice of the privy council, fhall appoint juftices of the peace for the counties; and in case of vacan cies, or a neceffity of increafing the number hereafter, fuch appointments to be made upon the recommendation of the refpective county courts. The prefent acting fecretary in Virginia, and clerks of all the county courts, fhall continue in office. In cafe of vacancies, either by death, incapacity or refignation, a fecretary fhall be appointed as before directed, and the clerks by the refpective courts. The present and future clerks fhall hold their offices during good behaviour, to be judged of and determined in the General Court. The fheriffs and coroners fhall be nominated by the refpective courts, approved by the governor, with the advice of the privy council, and commiffioned by the governor. The juftices fhall appoint constables; and all fees of the aforefaid officers be regulated by law. The governor, when he is out of office, and others offending against the State, either by mal-adminiftration, corruption or other means, by which the safety of the State may be endangered, fhall be impeachable by the Houfe of Delegates; fuch impeachment to be profecuted by the attorney-general, or such other perfon or perfons as the House may appoint, in the General Court, according to the laws of the land. If found guilty, he or they fhall be either for ever difabled to hold any office under government, or be removed from fuch office pro tempore, or fubjected to fuch pains or penalties as the law fhall direct. If all, or any of the judges of the General Court should, on good grounds to be judged of by the Houfe of Delegates, Vol. III. R be accufed of any of the crimes or offences above mentioned, fuch House of Delegues may, in like manner, impeach the judge or judges fo accufed, to be profecuted in the Court of Appeals; and he or they, if found guilty, fhall be punished in the fame manner as prefcribed in the preceding claufe. Commiffions and grants fhall run, In the name of the Commonwealth of Virginia, and bear teft by the governor, with the feal of the Commonwealth annexed. Writs fhall run in the fame manner, and bear teft by the clerks of the feveral courts. In dictments fhall conclude, Against the peace and dignity of the Commonwealth. A treafurer fhall be appointed annually, by joint ballot of both Houses. All escheats, penalties and forfeitures, heretofore going to the King, fhall go to the Commonwealth, fave only fuch as the legiflature may abolish, or otherwise provide for. The territories contained within the charters erecting the colonies of Maryland, Pennfylvania, North and South Carolina, are hereby ceded, releafed, and for ever confirmed to the people of these colonies refpectively, with all the rights of property, jurifdiction and government, and all other rights whatsoever, which might at any time heretofore have been claimed by Virginia, except the free navigation and ufe of the rivers Potomack and Pokomoke, with the property of the Virginia fhores and ftrands bordering on either of the faid rivers, and all improvements which have been or fhall be made thereon. The western and northern extent of Virginia fhall, in all other refpects, ftand as fixed by the chigter of King James the First, in the year one thoufand fix hundred and nine, and by the public treaty of peace between the Courts of Britain and France, in the year one thoufand feven hundred and fixty-three; unlefs, by act of this legiflature, one or more governments be established weftward of the Allegany mountains. And no purchafes of lands fhall be made of the Indian natives but on behalf of the public, by authority of the General Affembly. LAW S. The following are worthy of notice, as variations from the English law. Debtors unable to pay their debts, and making faithful deli. very of their whole effects, are releafed from their confinement, and their perfous for ever difcharged from restraint for such previous debis; but any property they may afterwards acquire will be fubject to their creditors. The poor, unable to support themselves, are maintained by an affeffment on the titheable perfons in their parish. A foreigner of any nation, not in open war, becomes naturalifed by moving to the State to refide, and taking an oath of fidelity, and thereby acquires every right of a native citizen, Slaves pafs by defcent and dower as lands do. Slaves, as well as lands, were entailable during the monarchy; but, by an act of the first republican Affembly, all donees in tail, present and future, were vefted with the abfolute dominion of the entailed fubje&t. Gaming debts are made void, and monies actually paid to discharge fuch debts, if they exceed forty fhillings, may be recovered by the payer within three months, or by any other perfon afterwards. Tobacco, flour, beef, pork, tar, pitch and turpentine, must be infpected by perfons publicly appointed before they can be exported. In 1785, the Affembly enacted, that no man fhould be compelled to fupport any religious worship, place or minifter whatfoever, nor be enforced, restrained, molefted or burdened in his body or goods, nor otherwife fuffer on account of his religious opinions or belief; but that all men fhould be free to profels, and by argument to maintain, their opinion in matters of religion; and that the fame fhould in no wife diminish, enlarge or effect their civil capacities. In October, 1786, an act was paffed by the Affembly, prohi biting the importation of flaves into the Commonwealth, upon penalty of the forfeiture of the fum of a thousand pounds for every flave. And every flave imported contrary to the true intent and meaning of this act, becomes free. R 2 INDIANA. INDIANA, INDIANA, so called, is a tract of land lying on the Ohio river, in the State of Virginia, ceded to William Trent and twentytwo others, by the Six Nations, and the Shawanese, Delaware and Huron tribes, as a compenfation for the loffes they had fuftained by the depredations of the latter, in the year 1763. This ceffion was made in a congrefs of the reprefentatives of the Six Nations, at Fort Stanwix, by an indenture, figned the 3d of November, 1768, witnefling, "That for and in confideration of eighty-five thoufand nine hundred and fixteen pounds, ten fhillings and eight pence, York currency, the fame being the amount of goods feized and taken by the faid Indians from the said Trent, &c. they did grant, bargain, fell, &c. to his Majefty, his heirs and fucceffors, for the only ufe of the faid William Trent, &c. all that tract or parcel of land, beginning at the foutherly fide of the Little Kanhawa creek, where it empties itself into the river Ohio; and running thence fouth-east to the Laurel hill; thence along the Laurel hill until it ftrikes the river Monongahela; thence down the ftream of the faid river, according to the feveral courfes thereof, to the fouthern boundary line of the province of Pennfylvania; thence weftwardly along the course of the faid province boundary line as far as the fame fhall extend; thence by the fame courfe to the river Ohio, and then down the river Ohio to the place of beginning, inclufively." This indenture was figned by fix Indian chiefs, in presence of Sir William Johnson, Governor Franklin, of New-Jersey, and the commiffioners from Virginia, Pennfylvania, &c. making twelve in the whole. Since the Indians had an undifputed title to the above limited territory, either from pre-occupancy or conqueft, and their right was exprefsly acknowledged by the above deed of ceffion to the crown, it is very evident that Mr. Trent, in his own right, and as attorney for the traders, has a good, lawful and fufficient title to the land granted by the faid deed of conveyance. This matter was laid before Congrels in the year 1782, and a committee appointed to confider it, who, in May, reported as follows: "On the whole, your committee are of opinion that |