Nov. 20.
Wmsburgh. |
389. Lt. Governor Gooch to the Council of Trade and Plantations. The General Court falling out so immediately after the last Session of Assembly, together with my ill state of health, of which I am but lately recovered, have delayed much longer than I could have wished, my sending your Lordships the Journals and Acts of that Session and the Council Journals: I now gladly embrace this conveyance by the ship Antelope which gives me the honour of laying them before your Lordships with my observations thereon, hoping the proceedings of this Assembly will be no less agreeable to your Lordships, than they are satisfactory to me. The general Bills under their consideration which passed into Acts, and now accompany this letter, are as follow. No. 1 is an Act for continuing and further Amending the Act for improving the staple of tobacco, and preventing frauds in H.M. Customs. The Preamble of this Act fully declares the advantages the people and trade have already experienced by the Act made in 1730, for subjecting all tobacco to a public inspection: but as no regulation can be so perfect as to obviate all abuses, or remove all inconveniences at once, the Assembly have, by discontinuing some, and removing other of the warehouses, by lessening the rents and sallarys of the Inspectors in proportion to their trouble, considerably reduced the public charge, and established such other rules for the conduct of those officers as must very much improve the staple, and be of singular advantage to the dispatch of the ships. And lest there should be any Inspectors so negligent or unrighteous as to transgress such plain directions as are there laid down, this Act inflicts suitable penaltys for the breach of their duty. And because it has been found by experience that great quantitys of unmerchantable tobacco, which would not pass an inspection here have been carried into Maryland and North Carolina and there sold at a low price, very often to the deceiving of honest purchasers, and always to the injury of the trade in general, care is now taken as farr as can be to detect and prevent that clandestine trade. And for the further prevention of the pernicious practice of selling trash tobacco to sailors made up in small bundles and intended to be runn in Great Britain, the powers granted by this Act for searching and seizing all such kind of trash, and the penaltys on the persons in whose custody such packages are found, together with the speedy method of recovering the same, will, no doubt, effectually discourage that sort of commerce. I have only to add, that the regulation under which the tobacco trade, in Virginia, hath been for these three years past, has given such satisfaction to the people here, and is so well approved by almost all the purchasers and Masters of ships, that this Assembly hath continued it for four years longer, and, I doubt not, the benefits arising to everyone concerned in this trade, to this country, will daily become more visible. No. 2 is an Act for continuing the duty on liquors, in which there is nothing new except one clause calculated for the ease of the merchants who may have occasion to transport their liquors from the district where it was first entered and paid the duty, to some other place in the Colony: and is only to allow the importer to do that before a Justice of Peace, which the former Act directed to be done before the Collector of that duty; and that the certificate of the Justice shall exempt the owners of such liquors from being questioned concerning the payment of the duty, in the district to which the same is to be transported; and is cheifly designed for the ease of persons who live very remote from the Collectors of that duty, who may thereby lose some lees, for their value not worth mentioning, hut will no ways affect the Collectors of the Customs here, who have no concern with that duty. No. 3, is an Act continuing the duty on slaves to be paid by the buyers, which is only prolonging the duty of five p. cent ad valorem on all slaves imported and sold here, with the same drawback and allowances on exportation as were directed by the former Act of Assembly made in 1732. And both this duty and that on liquors are designed for defraying the public charge of the Colony, and for lessening the common Poll-tax, an Expedient which has been often recommended and put in practice, and is agreable to the Roial Instruction. No. 4, is an Act for further continuing an Act for making more effectual provision against insurrections and invasions. This Act was first made in 1727, and was afterwards continued in 1732 to the 30th of March next, and is now to be in force three years longer : as there is nothing in it different from the first, which has been submitted to your Lordships, and no objections made to it, I believe I need not trouble your Lordships with any other remarks than those made when this Bill was first sent Home. No. 5, is an Act to make void certain contracts for the paying excessive usury, and for the discouragement of the unrighteous practice of taking more than the lawful interest, and reducing the rate of interest. As nothing can be more just than to discourage such unchristian methods as the taking advantage of men's necessitys for exacting exorbitant interest ; so reducing the same conformable to the example of our Mother Country, I hope will not be judged unbecoming the care of this Assembly. And seeing there is nothing in this Bill but what tends to these two ends, I doubt not, it will receive your Lordships' countenance. No. 6, is an Act for amending the Act, entitled an Act for settling the tithes and bounds of land, and preventing unlawful shooting and ranging thereupon. This Bill was framed for remedying some defects, and explaining certain ambiguities in the Act mentioned in the title, passed in the year 1705. Such as the making valid, dues and conveyances bona fide made, tho1 not acknowledged and recorded within the time limited in the said former Act ; when by that Act all such conveyances, tho' made upon good consideration, were for that only defect of not being recorded made void, even between the partys themselves. Another inconveniency, and a very great one created by that Act of Assembly was, that no estates tail could be dockt any otherwise than by Act of Assembly, which being attended with some difficulty, and no small charge, made it impracticable for poor people to undergo the expence, contenting themselves rather to live miserable upon a mean portion of land left them by their ancestors under the clogg of an entail, than to seek relief at the expence of almost the value of the land. And as this misfortune has been observed to fall most severely on the descendants of the first planters and inhabitants of this Colony, it was high time to provide a remedy for these lands having been long occupied and frequently divided, according to a prevailing custom, amongst many children, it could not otherwise happen but the land must he impoverished, and in consequence, the possessors of it : whereas if they had been at liberty to dispose of it to others to whom it lay convenient, they might have been enabled to take up a larger quantity of fresh land, and to purchase slaves, to their great benefit, as well as the improvement of the country. This Act therefore enables all persons seized in fee tail of any lands not exceeding the value of two hundred pounds ster. and so found by a jury of inquest, to pass the fee simple thereof to any purchaser for a valueable consideration, by deed executed and acknowledged or proved in the General Court here. And upon this clause, more especially, I am desired by the Assembly very earnestly, to address your Lordships to obtain H.M. approbation of this Act, because people will be unwilling to make such pure liases, without that security for their peaceful enjoyment, which they can't depend upon whilst the Law continues liable to be repealed. .And as there are many poor people now in possession of such inconsiderable parcels of entailed lands, which are of little or no use to them, it will be a charitable relief to them, if H.M. shall be pleased by his speedy allowance of this Law to give them an opportunity of providing for their children, by taking up and removing to new lands, where their labour may be more profitable to themselves and to the Public. There are several other clauses in this Act, such as directing all morgages and other deeds and settlements which affect lands, negroes or chattels to be publicly registered, or otherwise to be void as to subsequent purchasers or creditors. ; taking acknowledgements of Feme covert in passing of their estates, by commission in the county, when they are not able to attend proper courts for that purpose ; and the enlarging the time for the prosecution of real actions and prescribing the methods of proceeding therein ; all which, I am assured by gentlemen that understand these matters, are as conformable to the Laws of England, as the circumstances of this country will admit, so that I hope your Lordships will find nothing in it to hinder your favourable report of it to H.M., as a Law deserving his Roial confirmation. No. 7, is an act for better regulating the tryal of criminaLs for m-pital offences. This Act was chiefly calculated for settling the method of proceeding in the Courts of Oyer and Terminer held by virtue of H.M. Instruction : for when this Court was first established, it wras thought the method of proceedings in the Supream Court, as to the summoning of Grand and Petty Jurys for the tryal of offenders, was a proper pattern to be followed in this Court, and so bills of indictment were found by a Grand Jury out of the countys adjacent to Williamsburgh, our Capital City, and only a venire of six men summoned from the County where the fact was committed, and the rest made up of by-standers : But as objections and exceptions have lately been made and taken to tins method of tryal, and it was easily discovered to be wrong, therefore for removing them, and settling an uniform manner of proceeding in criminal cases, a rule is laid down by this present Act for having a petty jury of twelve men summoned from the County where the offence was committed, as well on tryals in the General Court, as in the Courts of Oyer and Terminer, it being more in favour of the Prisoner, and more conformable to the Laws of England. Directions are also herein given from whence the Grand Jury in the Courts of Oyer and Terminer shall be summoned, so that the proceedings in these Courts are now so well established, as to prevent any legal objection thereto for the future. There is indeed one clause which the Council took great pains in opjjosing, and that is, obliging the Attorney General to shew cause if he challenges any of the twelve jurors returned upon the pannel from the proper county ; But the Burgesses would by no means part with it, alledging it was in favour of the Subject, where the Jury consisting of so small a number, it might happen, if the Attorney General were left at large to challenge without shewing cause, he might deprive the prisoner of having any one of the vicinage upon his tryal. And both sides knowing that without, this Bill a stop must be put to all tryals in the Courts of Oyer and Terminer, the Council thought it more adviceable to agree to this clause, than obstruct the public justice. No. 8 is an Act for allowing Indians to be witnesses in, criminal offences commitled by Indians. The necessity of such a law is very apparent from the nature of Indians, and the manner of their prosecuting their revenge, which is always in the most secret manner, and impossible to be detected but by their accomplices or such of their nation as they think fitt to discover it to : of this we have a late instance in the case of an Englishman privately murdered by one of our Tributary Indians, whose body was afterwards found in a mill-pond, which had never been found out, had not the brother of the murderer, who was employed to conceal the body, discovered it. And tho' the offender at his tryal, in October last, denied the fact, yet since condemnation he has confessed the whole matter. I mention this case more particularly because as it gave birth to the Act now under consideration, it will serve to justifie the expediency of introducing this manner of proof, where it is impossible to have any other. No. 9, is an Act for the more effectual obliging persons to buy and sell by weights and measures according to the English standard. The title sufficiently expresses the honest intent of the legislature in discouraging all fraudulent practices, as well among the people of the country, as those who come hither to trade, and 'tis to be hoped will have its designed effect. No. 10, is an Act for better regulating and collecting certain officers' Fees, and other purposes therein mentioned. This is a temporary Act to continue only for two years, and is intended to give a sufficient recompense to the Clerks of Courts and other officers for their services, to prevent exactions, and is almost the same as that passed the former Sessions. No. 11, is an Act for the better direction of officers in the sale of goods or other things taken in execution or distrained for rent. By this Act the severity of a former Law passed in 1727 in relation to the sale of goods taken in execution is greatly mitigated, and the debtor upon giving security, is restored to his goods, and a year's time allowed him to discharge the debt, paying only common interest ; and if he is not able to give such security, the officer has a power to sell them upon credit, unless there be three-fourths of the real value, at least, offered to be paid down for the purchase : in both which cases the Debtor will be much benefited, and the Creditor no injuiry done him, his Debt being better secured, and his interest running on till payment. In fine, it is a very compassionate charitable Law, and I hope your Lordships will esteem it as such. No. 12, is an Act to lessen the penalty for killing deer at improper seasons, and for the better recovery thereof. By a former Act the penalty for killing deer between the first of January and last of August was five hundredweight of tobacco recoverable in any Court of Record : but it being found by experience that few of these penaltys were ever sued for, because of the expence of prosecution, this Act hath reduced that penalty to fiften shilings for every deer so killed, recoverable before any Justice of the Peace, which it is judged will more effectually answer the end by the easiness of the recovery, and the penalty being better proportioned to the nature of the offence. No. 13, is an Act to amend the Laws now in force for the more speedy recovery of small debts. This is only an explanation of two former Acts made for the easy recovery of small debts, and for obviating the undue practices which have been sett on foot to elude the true intent of those former Laws, which prohibit the bringing of suits for anything under the value of Five Pounds, and that all such should be determined in a summary way, upon a Petition, by the Justices in the County Courts, the very first Court the complaint is brought before them. Which method of proceeding is now also extended to the recovery of goods detained, as wrell as to debt, and will be a great ease to the subject. No. 14. is an Act for better regulating ordinary keepers and retailers of strong liquors, and to prevent their giving credit ; and to disable them to maintain any action, or recover any money, tobacco or other commodity for such liquors sold upon credit. The design of this Act is to prevent the ruin of artificers and other labouring people, who, by getting an unlimited credit at these public houses and ordinarys, spend their time and money to the undoing of their familys. But a stop will now be putt to that great mischief, for no credit, by this Act, is to be given any man in any public house exceeding twenty shillings in one year. No. 15 is an Act tor the better support and encouragement of the College of William and Mary in Virginia. The President and Masters of the College having represented the great decrease of its revenues, particularly by that branch of it arising from the Penny per Pound on all tobacco exported to the British Plantations, pursuant to the Act of Parliament made in the 25th year of King Charles the 2d., and in another duty on skinns and furrs granted to the College by an Act of Assembly : principally occasioned by the great frauds of the exporters of tobacco clandestinely packing the same in unusual casks and entering them out as Beef or pork or other commoditys, by which means fair traders have been discouraged from exporting the tobacco and paying the duty, whilst the markets in the West Indies are filled with that which pays none at all. For preventing this illegal trade, this Act prohibits any goods whatever to be shipt off to the Plantations, until oath be made by the owner before a Justice of the Peace to the contents of each package, and if any tobacco, to the true weight of it ; and a certificate from such Justice must be produced to the naval officer and Collector of the Customs at the time of clearing. The masters of vessels are also to make oath to the quantity of tobacco on board, and if there be none, he is to make oath he will take none on board after clearing without entring of it and paying the duty ; and a copy of that oath is to be sent by the naval officer to the Collector of the Customs of that Port to which the ship is bound. By this means it is to be hoped, not only the frauds in exporting tobacco from hence without being cleared by the customhouse officers, which has been practiced more particularly by the New England traders, and by them sold to the French fishing vessels at Cape Breton, will in a great measure be prevented, but that branch of the College revenue will be restored to its antient value. And lest this necessary provision for the regular payment of that duty, should give umbrage to the Commissioners of the Customs, as though the Assembly have designed to interfere in a matter under their management, there is an express Proviso to save all the Powers, Priviledges and Allowances of the officers appointed by the Commissioners pursuant to the Act of Parliament. For obviating another fraud lately practiced in this duty, by carrying Virginia tobacco into North Carolina, and shipping it off there secretly without paying the duty in either place, a Penalty is laid by this Act on the owner of the value of all such tobacco as shall be so carried : and this will appear the more reasonable, when it is considered, that the people of Carolina make tobacco sufficient for their own use, and to export ; so that whatever is carried into that Province must be with a fraudulent design to avoid the payment of the penny per pound, for otherwise it would be worth no man's while to transport tobacco thither, when he may have more frequent opportunitys, with less charge and trouble of shipping it in Virginia, to any Port in the British Plantations. The other clause in this Act relates to securing the dutys on skinns and furrs, for which the like provision is made, as that for the Penny per Pound. There is also added, an appropriation, from and after the 25th of October, 1735, of the whole produce of the Penny per Gallon on imported liquors, raised by an Act of Assembly made in 1726 and confirmed by H.M. ; this Duty is to continue twenty one years from the time of its being first laid, and is now appropriated to the support of the College, out of which the College had before only £200 p. annu. (the amount whereof may be double that sum) and since this is to supply their real wants, to enable them to purchase Books for a Library, and other necessary uses, and as it will be a very great encouragement to that Roial Foundation, I am earnestly desired to bespeak your Lordships' favour to it for H.M. Roial assent. No. 16, is an Act appointing a Treasurer and other purposes therein mentioned. Upon which I have only to inform your Lordships that the late Treasurer, since dead, being by age and infirmities rendered incapable of executing that office, and withal falling short in his payments, Sr. John Randolph, who succeeded him as Speaker, is appointed Treasurer of the several dutys arising on liquors and slaves, with power to use proper means for recovering the Debt due from his predecessor, of which there is no reason to doubt. There is also in this Act a Power for the Treasurer to take up money on Interest for discharging the public debts, until the funds for that purpose shall be sufficient to reimburse them. No. 17 is an Act for raising a public levy and for other purposes mentioned therein. By this Act it appears that the Poll-tax for Defraying the charges of the Government for these two years past amount only to eight Pounds of Tobacco a Taxable : so much has the duty on liquor and slaves eased the country of a Burden which would otherwise have been very heavy, especially on the poor People. The other part of the Act relates to the disposing of the printed Books of the Laws delivered out to the several Justices of the Peace at the public charge, and are now upon the Death or Removal of the present Justices, to be given to their successors. No. 18 is an Act for appointing several new Ferrys, and lessening the former rates settled for the ferriage of wheel carriages, and altering several Court Days. I need not trouble your Lordships with any other remarks on this Act than that the conveniency of the people required the Erection of the Ferrys, and the same regard for their ease, made it necessary to change the Days for holding Courts in the three Countys therein mentioned. No. 19 is an Act for declaring the Glebe of Elizabeth City Parish lately purchased to be a sufficient Glebe, directing the sale of several Glebes and for other purposes. The encrease of inhabitants and consequently the extending their settlements by new Plantations, having occasioned the changing the situation of their churches, hath also made it necessary to provide for the ease of the Ministers by purchasing new Glebes more convenient to the Churches ; and the old ones being thereby rendered useless, there can be no exception against the sale of them, and applying the purchase money to the relief of the people of those Parishes, which is the whole purport of this Act, and is therefore a reasonable and necessary Law. No. 20 is an Act for dividing the Parish of Henrico, for uniting and dividing the Parishes of Warwicksqueak and Newport in the Isle of Wight County. The three Parishes mentioned in this Act were among the first erected Parishes in this Colony, whose inhabitants at that time seated on or near the banks of James River : but by new settlements back into the woods were now become of such an extent, in length sixty miles, and in breadth six or seven, that it was impracticable for the Ministers to perform their Duty, and very inconvenient for the people to attend the public worship ; so that it was high time to provide a remedy by the division now made, which effectually relieves both the people and Ministers. No. 21 is an Act for destroying crows and squirrils in the Northern neck and on the Eastern shore. This Act is found on the Petition of the Inhabitants of these territorys, who it seems are more infested with those kind of vermin than the rest of the Colony, and have therefore by their own consent submitted to a charge of killing a number for each taxable person, or paying a small penalty for their omission, and being only to continue for three years, there is nothing that is justly exceptionable in it. No. 22 is an Act to oblige the Justices of James City and York Countys to levy Tobacco for certain officers of the City of Williams-burgh. The intent of this Act is only to oblige these Countys, in which the City of Williamsburgh lies, to defray the charge of securing and committing criminals, taken in the said City, for felony and other capitol offences committed in the said Countys respectively ; which would be a much greater charge if sent to the proper gaols of those Countys, and is therefore a reasonable Law. No. 23 is an Act for the Relief of such Persons as have suffered or may suffer by the loss of the Records of Nansemond County, lately consumed by fire. This Act needs little to be said in its justification, being a prudent and necessary relief to such persons whose Deeds and Titles to their Lands and other evidences have been destroyed by the burning of the Clerk's House in that County, where the Records hap'ned to be lodged. No. 24 is an Act for dividing Spotsilvania County. This being one of the Frontier Countys erected in 1720, to which his late Majesty was pleased to give encouragement by a Remission of Rights and Quitrents, is since so encreased that the inhabitants are gott upon and even beyond the great Ridge of Mountains, and as they are thus grown to so great an extent, and new settlements daily multiplying to the Westward, the ease of the People, in attending their County Courts and Musters, required the division directed by this Act, to which I shall only add, that in Honour to the Prince and Princess of Orange, the new erected County is named the County of Orange. No. 25 is an Act for the better enabling the Executors of the last will and testament of Charles Burgess, gentleman, deed, to pay his Debts and Legacies. As the Title and Body of the Bill express an honest intent for the payment of just debts, there is the less reason for my using any arguments to recommend it to your Lordships' favour ; especially when I inform your Lordships the testator's debts were chiefly contracted for the purchase of those lands, which are intended to be sold to discharge them. And since lands are by the late Act of Parliament made liable to the payment of debts, and would be devested out of the Heir by his creditors, it is more equitable to allow the Executors to sell, than to allow the creditors to sue. But that there may be no objection to it, the usual saving clause, of the right of H.M., and all other persons is added, pursuant to the Roial Instruction. Three Bills for Settling Estates. No. 26, an Act to vest part of the Estate of Robert Carter, Esqr. deed, devised to Robert Carter the younger, who died in the lifteime of his father, in Robert Carter the Son and Heir of Robert Carter the younger, and to make provision for Priscilla Carter, the widow of the said Robt. Carter the younger, and Elizabeth Carter his daughter. No. 27, an Act to vest certain entailed lands with the appurtenances therein mentioned in Charles Tompkins, gentm. in Fee simple, and for settling other lands of greater value to the same uses. No. 28, an Act for Docking the Entail of certain lands in the County of Glocester and Elizabeth City, and vesting the same in Henry Willis, gentm., in Fee simple ; and for settling other lands and tenements, and several slaves to the same uses. Which three Bills are to be laid before H.M. for his Roial Approbation ; and as the intent of the first is to comply with the mind and design of the late President Carter, tho' he did not live to insert it in his will, and to do justice to a widow and orphans, so the two last have passed with the consent of all partys interested in the entailed lands mentioned in them, and due publication hath been made pursuant to H.M. Instruction, as will appear by the Certificates sent. No. 29, an Act to enable the Nottoway Indians to sell certain lands therein mentioned, and for discharging the Indian Interpreters. This Act passed upon the petition of the Nottoway Nation in order to discharge their debts, and to make provision for the maintenance of their old people. When the lands mentioned in this Act were first granted them they were then a numerous Nation, but are since greatly decreased, so that one of the tracts assigned them is now sufficient for their support. And the other Indian Nation, the Sapponies, on that frontier being lately removed out of this Government, the interpreters appointed for them, and paid at the public charge are therefore dropt as unnecessary, which is the whole purport of this Bill. No. 30 an Act to prevent the Building Wooden Chimneys in the towns of York and Glocester, and for putting down such as are already built: and to restrain Hoggs and Goats from going at large in the town of York. In this Act there needs no remarks, the title of it sufficiently expressing the contents of it. No. 31 is an Act for Dividing the County of Prince George, and Parish of Bristol, and for adding part of the County of Brunswick to the new erected County. This Act is formed on the same reason as the others for dividing Frontier Countys and Parishes, i.e. their large extent by many new settlements and the necessity of providing for the conveniency and ease of the people ; and will be in the course of a few years the occasion of erecting many other Countys and Parishes as the Colony encreases and the people find their interest in seating and improving part of that vast tract of land which lyeth now uncultivated on the western side of the great mountains. This new County now erected is called Amelia, in honour of the Princess. Thus I have given your Lordships a summary of the several Laws passed this last Session of Assembly, and as, I humbly presume, neither of them contain anything repugnant to H.M. Instructions, not interfering with the interest of Great Britain, I may hope they will meet with your Lordsps'. favourable recommendation to H.M., particular those which require his Roial Approbation to render them effectual. In the Journal of the third of October your Lordships will find a congratulatory address of the Council and Burgesses to H.M. on the marriage of the Princess Roial, which your Lordships should have had a copy of when it was sent Home, had not a very severe fitt of illness, which I was then seized with, prevented me. It is with the greatest pleasure I flatter myself your Lordships will see by these Journals the perfect harmony and good understanding with which the public affairs have been carried on during this session : and tho' my intention is, in convenient time, to dissolve this Assembly, which has now continued for above seven years, I doubt not, the people are so well satisfied with what has been done and transacted in that time, that most of the old members will be returned, or others equally well disposed in their room, etc. Signed, William Gooch. Endorsed, Reed. 1st May, Read 13th Aug., 1735. 19 pp. Enclosed, |
