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JOURNALS

of the

House of Burgesses

of Virginia

176 1--1 765

.^

THE LIBRARY

OF

THE UNIVERSITY

OF CALIFORNIA

RIVERSIDE

LIBRARY

JBWVERSJIY OF CALIFORNIA

The Houfe of Burgeffes

of Virginia

Five Hundred Copies

Printed from Type.

No.

X 'd

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Draft of the Resolutions agaixsithe 'Stamp Act," bearing the endorsement of Patrick Henry, and still preserved at " Red Hill," the old estate of the

Henry's, in Charlotte County, Virginia.

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\b^\DC>3<HDV

JOURNALS

of the

House of Burgesses

of

VIRGINIA

1761-1765

Edited by

JOHN PENDLETON KENNEDY

RICHMOND, Virginia

M C M V I I

T^7

CONTENTS

Preface

Burgesses

Prorogations .

Journal 1761, November Session

Journal 1762, January Session

Journal 1762, March Session

Journal 1762, November Session

Journal 1763

.

Journal 1764, January Session

Journal 1764, October Session

Journal 1765 .

Index

Vll

3. 31. 45. 63, 169, 201, 225, 313

27. 42, 59, 166, 197, 222, 309, 364

5

33

47

65

171

203

227

315

367

Library Board

Virginia State Library

ARMISTEAD C. GORDON, Chairman CHARLES V. MEREDITH S. S. P. PATTESON

JOHN W. FISHBURNE THEODORE S. GARNETT

THE new Affembly of Virginia which convened November 3''<*, 1761, continued

to meet under various prorogations until June i''', 1765, when it was dif-

folved. During this period the Houfe of Burgeffes met eight times, though

there were only feven diftincft feffions, fince the October meeting of 1764 adjourned to

meet on the i" of May following.

The Journal of feffion beginning November f^, 1761 and continuing to the 14"^

of the fame month, contains twenty-eight pages, including the title page. A printed copy of this Journal is located in the Virginia State Library, while the original man-

ufcript is on file in the Britifh Record Office in Londoti

The firft feffion of 1762 convened on January 14* and was prorogued on the 21"

of the fame month. Two printed copies of this Journal are known to exift, though it is not unlikely that others will be found located in private colledlions. One copy of the Journal in queftion is in the Library of Congrefs and the other in the Virginia State

Library. In each inftance the text of thefe copies commences on page three and ends with page fourteen, which would indicate that title pages were printed though not pre-

ferved. The original manufcript for this and fucceeding feffions of 1762 contained in this

volume are located in the Public Record Office in London.

The fecond feffion of 1762 met March 30* and was prorogued on the "j^^ of April

Printed copies of this Journal have no title pages, the text beginning on

following.

page three and ending on page fixteen. The only copy of this Journal known to exift

in a public inftitution is in the Virginia State Library. In this and other Journals of the

feffions of this particular Affembly, where the text begins on page three, bibliographers

In this particular inftance this Journal is

frequently record an erroneous pagination.

faid to contain thirteen pages, while in fadl the laft page of the text is fixteen. This is due, no doubt, to infufficient bibliographical information being fumifhed ftudents work-

ing on this fubje(5l.

The third and laft feffion of 1762 met on November 2°'* and continued until the 2^"^

of the following December. The only printed copy of this Journal recorded at the

prefent time, is in the Virginia State Library, and like the preceding feffions the text

begins on page three.

This copy likewife contains no title page though perfect in every

other i-efpedt. The text ends with page one hundred and fixteen.

But one feffion of the affembly was held in 1763. The Burgeffes met during that

year on May 19* and were prorogued on the 31^' of the fame month. Unlike other

Journals of this particular affembly the text begins on page one. This would indicate

that no title page was printed in this particular inftance, and the Journal is apparently

complete in thirty-one pages of printed matter. Printed copies of this Journal are to

be fotmd in the Library of Congrefs and in the Virginia State Library.

There were two feffions of the affembly in 1764, the firft extending from the i2"»

of January to the 21^' of the fame month. The Journal of this feffion evidently had 'a

title page at one time as the text begins on page three. The only printed copy of this Journal known at the prefent time is located in the Virginia State Library, and it con- tains twenty-five pages.

The

I The bibliographical information concerning the Journals herein printed, is bafed upon copies located in

American libraries only. An effort is now being made to locate additional copies in foreig^n collections, and

when this is accompUfhed the copies known to be in the Britifh Record Office will be lifted.

[ viii ]

The fecond feffion of 1764 convened on October 30"' and continued in feffion until

the 21" of December following. So far as is known there is not a complete printed copy

of this Journal extant.

The c^opy in the Virginia State Library begins on page three

and ends on page feventy-eight, which carries the feffion through Thurfday, December

There is likewife an imperfed copy in the Library of Congrefs, which con-

tains eighty-eight pages of printed matter, including the records of the meeting of

December 18'''. That this Journal was publifhed in full is indicated by a continuous

pagination covering this feffion and the feffion which convened on May i", 1765, the copy in queftion ending on page feventy-eight and the feffion of 1765 beginning on page

This would indicate twenty pages miffing, as the text of all feffions begin

ninety-nine.

on the redlo page. It was neceffary, therefore, to have a tranfcript of this Journal made

from the original in the Britifh Record Office in London, which not only gives a complete record of this feffion, but determines that it was prorogued on the 21 f' day of December,

13* only.

1764.

The final feffion of this Affembly met on May i'\ 1765 and continued until the firft

of June of the fame year.

As noted in the preceding paragraph the paging of this

Journal commences with page ninety -nine and ends with page one hundred and fifty-

four.

There are two printed copies of this Journal in public inftitutions, one being in

the Virginia State Library, and the fecond in the Library of Congrefs. The latter copy

is reported as being imperfe(5l.

Hening, in his "Statutes At Large," records the adls of this feffion of the Affembly

as paffed in Odober, 1765. Stanard' hkewife affumes that two feffions were held dur-

ing that year.

Both are in error, however, as the adts recorded by Hening under date

of Odober, 1765, were adttually paffed at the May feffion of the fame year. This is at- tefted by the Journal of the feffion in queftion, which fhows clearly the a6ts referred

to were paffed at that time. That no feffion of the Affembly was held in Odober, 1765, is attefted by the fadl that the new Affembly, which followed as the refult of the diffo-

lution proclamation of June i " 1765, did not take the oath of office until Thurfday the

fixth of November, 1766.

The great problem of Virginia in 1761 was to effedl a thorough and complete under-

ftanding with the various Indian nations along the frontier. The Cherokees in the

South and Southweft had always been a fource of great alarm, efpecially to the pro-

moters of the Weftward Movement, as were the Six Nations who claimed a large portion

of what is now Weft Virginia. To bring about complete and fatiffadtory treaties with

thefe Indians, was, therefore, not only the defire of the Mother Country, but an abfolute

neceffity for Virginians. The Carolinas occupied a fimilar pofition to that of Virginia,

and but for co-operation upon the part of thefe colonies, it is doubtful whether the

numerous treaties with the Cherokees from 1661 to 1772 could have been effe(5led.

After confiderable difcuffion of the plans of procedure, which was calculated to

bring about an early and fatiffacftory peace between the Indians and the Colonies, it

was determined that Pennfylvania and New Jerfey fhould make an effort to treat with

the Six Nations, while to Virginia and the Carolinas was left the tafk of bringing the

Cherokees to terms. This was not an eafy imdertaking, as the tribes in queftion covered

an enormous territory, and poffeffed feveral thousand warriors.

In order to thoroughly appreciate the extent of the country occupied at various

times by the Cherokees, it is interefting to know that in 1693 they inhabited the well

watered regions of the Carolinas, including the valleys of the Catawba, Broad, Saluda,

Keowee, Tugaloo, Savannah and the Coofa Rivers, on the Eaft and South, and various

tributaries of the Tenneffee on the North and Weft. This was pradlically an unlimited

territory at that time, and as no treaties exifted between any two Indian Nations as to

their territorial limits, much ftrife and bloodfhed refulted.

Charles C. Royce^ in his

"Cherokee Nation of Indians" ftates " that the Indians had no definite and concurrent underftanding with their furrounding favage neighbours as to where the poffeffions of

one left off and thofe of the other began. The ftrength of their title to any particular

tradt of country ufually decreafed in proportion to the increafe of the diftance from

their

[ix]

their villages; and it commonly followed as a refult that a confiderable ftrip of territory

between the fettlement of two powerful tribes, though claimed by both, was pradlically

confidered as neutral ground, and the common himting ground of both. As has already been ftated, the extreme Eaftem fettlements of the Cherokees in South Carolina in 1693

were in the diftricJt lying between the Catawba and Broad Rivers, and no claim has been

found fhowing the exiftence at any time of any affertion of territorial right in their

behalf to the Eaft of the former ftream. But, neverthelefs, on Bowen's map of (ob-

vioufly copied from early maps) there is laid down the name of 'Keowee' or 'Old Town.'

The location of townn was on Deep River in the vicinity of the prefent town oi Afhborojigh, N. C. It was a favorite name of the Cherokees among their towns, and affords a ftrong

evidence of at leaft a temporary refidence of a portion of the tribe in that vicinity.

A map executed by John Senex in 1721 defines the Indian boundary in this region as

following the Catawba, Wateree and Santee Rivers as far down as the moft wefterly bend of the latter ftream, in the vicinity of the boundary line between Orangeburg and Charlef-

town diftridls, whence it purfued a fouthwefterly courfe to the Edifto River, which it

followed to the fea. The fouthem portion of this boundary was, of courfe, a definition

of limits between Carolina and the Creeks, or rather of certain tribes that formed com- ponent parts of the Creek Confederacy. No evidence has been difcovered tending to

fhow an extenfion of Cherokee limits in a fouthem diredtion beyond the point mentioned

above on the Edifto River, which, as near as can be afcertained, was at the jtmdlion of

the North and South Edifto. Following from thence up the South Edifto to its fource

the boundary purfued a fouthwefterly courfe, ftriking the Savannah River in the

vicinity of the mouth of Stevens Creek, and proceeding thence northwardly along the

Savannah."

"On the borders of Virginia and North Carolina, the ancient limits of the Cherokees

feem to be aKo fhrouded in more or lefs doubt and confufion. In general terms, however, it may be faid that after following the Catawba River to its fource in the Blue Ridge the

courfe of thofe mountains was purfued until their interfedlion with the continuation of

the Great Iron Moutain range, near Floyd Court Houfe, Virginia and thence to the

waters of the Kanawha or New River, whence their claim continued down that ftream

to the Ohio. At a later day they aKo fet up a claim to the coimtry extending from the

mouth of the Kanawha down the Ohio to the ridge dividing the waters of the Cumberland

from thofe of the Tenneffee at the mouth of thofe ftreams, and thence following that

ridge to a point northeaft of the mouth of the Duck River ; thence to the mouth of Duck River on the Tenneffee, and continuing up with the courfe of the latter river to Bear Creek; thence along the faid Creek to a point cal'ed Flat Rock, from there to the Ten

Iflands in Coo fa River. Another accoimt of the poffeffions of the Cherokees is given by Adair in his " Amer-

ican Indians." This famous trader traveled for forty years among the Cherokees, and

as a refult of the obfervations outlines the boundary of their cotmtry as it exifted in 1750: "The country lies in about 30 degrees north latitude at the diftance of 340 com-

puted miles to the northweft of Charlefton, 140 miles fouthweft from the Katawba Nation, and about 200 miles to the North of the Mufkohge or Creek Coimtry. They are fettled

nearly in an eaft and weft courfe about 140 miles in length from the lower towns, where

Fort Prince George ftands, to the late imfortunate Fort Loudoun. The natives make

two divifions of their cotmtry , which they term 'Ayrate' and 'Otarre, ' the one fignifying

the 'low' and the other 'mountainous.' It will be feen from the botmdaries herein given that the portion of the country claimed by the Cherokees in 1760, comprifed a large part of what is now Southweftem,

Virginia, Weft Virginia and Kentucky, which the Six Nations alio claimed by right of conqueft. This vaft territory gave the Cherokees a wide range of influence which enabled

them to be the moft prominent of frontier fadtors. This Virginia recognized and in

confidering the acquifition of territory fully realized the power of the enemy, and the

magnitude of any undertaking that contemplated fubduing them.

The

[x]

The Cherokee nation as early as 1716, when a cenfus of the Indian tribes of the

Carolinas' w.is taken, numbered 11,210, of whom 4,000 were warriors.

Adair alleges

that there were 6,000 warriors in 1735, but that three years later small-pox reduced this number fully fifty per cent. No other corredl eftimate of the number of warriors

of this tribe feems to have been made until about the time of the clofe of the Revolution, when, as a refult of their many conflid:s with the whites they numbered only 2,300

warriors.

It is, therefore, fafe to prefume that in 1761 there were at leaft 5,000 fight-

ing men in the Cherokee nation, and this force was to be reckoned with by Virginia

troops, which feldom numbered over i ,500 fighting men. Unfortunately for the Colonies

the French effedled a treaty with the Cherokees in 1760, which refulted in a union of

forces of the two nations in their war with Great Britain.

This treaty, however, was of

fhort duration, as Governor Littleton of South Carolina, recognizing the neceffity for

immediate adtion, marched againft the Indians and after defeating them concluded a

treaty, whereby the Cherokees agreed to annul the Cherokee-French agreement and pledge their fupport to Great Britain. This adlion upon the part of South Carolina faved

much bloodfhed along the borders and made poffible the treaty of Charles Town in 1761. By this treaty an agreement was reached, whereby the boundaries between the Indians

and the Colony of South Carolina was declared to be the fources of the great rivers

emptying into the Atlantic Ocean.

This feries of fucceffes caufed Virginia to examine into the condition of its frontier,

and aroufed a determination to effedl an underftanding with the Cherokees that would

infure peace and contentment to weftem fettlers. The troops raifed by Virginia in the

Spring of 1 761, to ad; in conjunction with the troops of North Carolina under Colonel

Grant were available for this purpofe. Governor Fauquier, however, was evidently inclined

to relieve the Colony of the burden of maintaining a regiment in the time of peace, though

in his opening addrefs on Thurfday, November 3'''' 1 761, he fuggefts that the queftion of difbanding the regiment muft be confidered by the Affembly " as you were the moft com- petent Judges of the Condition of the Frontiers." But having received a letter from

Sir Jeffrey Amherft diredling that the regiment be maintained until peace had been con-

cluded with the Cherokee Indians, it was his duty to effedl fuch a refult as the Colonial Secretary recommended. This plan was agreed to by the Burgeffes at a time when Colonel Stephen, upon whom the command of the regiment had devolved, was camped

on Big I (land in the main branch of the Holfton River. The prefence of Virginia troops at this point had had the effedl of quieting the Indians and giving rife among them of

a general feeling for peace, and had the regiment been difbanded at that time much dif-

content would have been felt throughout the Colony. Colonel Stephen had advifed Gover- nor Fauquier, that various Indian chiefs had vifited the camp on Big I (land early in Jan-

nary with articles of peace, urging at the fame time that an agreement be effedled be-

tween Virginia and the Cherokees, that would eftablifli a firm and friendly basis of un-

derftanding. Nothing, however, was accomplifhed as the refult of thefe vifits, though the

prefence of troops in clofe proximity to the Indian lands had a falutary effedl. There

was nothing to do, therefore, but to await the refults of the peace conference then being

held in South Carolina.

Big I (land being an undefirable location for troops, the gov-

ernor iffued orders to Colonel Stephen to march to Stahlnaker's, where the regiment

could be more eafily reached and provided for than at the camp on the Holfton. This order was obeyed and the troops remained at Stahlnaker's until Colonel Stephen advifed

Governor Fauquier, that articles of peace had been figned between Governor Bull and

the chiefs of the Cherokee nations, when he was ordered to march to Fort Lewis and

difband his regiment.

This order being iffued, the affembly was at once called to-

gether to be acquainted with the adlion of the Governor, which it approved fhortly af-

ter convening.

Having reached an imderftanding with the Cherokees, which unfortunately proved

to be of fhort duration. Governor Fauquier at once turned his attention to the Six Nations, he having written to Governor Hamilton of Pennfylvania fome months before

for information concerning them. In this communication the Governor afked for a full

account

[xi]

account of what had paffed between the king's officers and the Indians, in relation to

Replying, under date of June 22'"i 1761, Governor

Hamilton fet forth in detail fuch information as he had at his command, and at the

fame time called particular attention to fuch treaties as had been promulgated from

lands weftward of theAlleghanies.

1758 to 1 7 61.

In this letter the fears of the Colony of an uprifing of the Six Nations

were at once fet at reft, the Governor being advifed that General Anther ft had fatiffied

the Indians that no attempt would be made to take away any of their lands

A NARRATIVE' OF WHAT HATH PASSED BETWEEN THE

KING'S GENERALS, GOVERNORS, ETC., AND THE INDIANS: IN

RELATION TO LANDS; BEING DESIGNED AS AN ANSWER TO

GOV FAUQUIER'S LETTER OF THE 22 OF JUNE 1761.

In Odober 1758 Peace was confirmed between His Maj'^y'' Subjeds, and

the Delawares and their Allies' the Minifinks, Mohickons, Opies and other Nations living on the Sufquehannah, in the prefence of the Deputies of the Six

Nations.

In this Treaty the Proprietors of Pennfylvania releafed all the Lands within

their province to the Weftward of the Allgeheny hills to the Indians of the Six

Nations, from whom they had before purchafed them, and folemnly engaged

" That no white people fhould make Plantations or Settlements on the Lands

to the Weftward of thofe Hills. "

In Decetnber 1758 Gen' Forbes took poffeffion of Fort dti Quefne, but being

fick, he was obliged to depart before the Indians could affemble to treat with him. Col. Bouquet was left in the Command there, who received the Indians

and confirmed the Peace made at Eafton, and further expreffly affured them:

" That the King did not fend his Generals to hurt the Indians, or to take their

lands from them."

In the beginning of January 1759, Nine Chiefs of the Six Nations Shawa-

nefe and Delawares, with forty of their people living at and in the neighbor- hood of Baccaloone an Indian Town near the head of the Ohio, came to Pittfburg,

fent, as they faid on purpofe to be informed of the Terms of the Peace, which

they were told had been made between the Englifh and the Indians. Col. Mercer then having the Command at Pittfburg, fent them forward to

Philadelphia, in order that they might receive an anfwer from Gen' Forbes but

he being ftill extremely indifpofed and unable to receive them, defired Gov

Denny, after the Indians had made him acquainted with their bufmefs, which

was as above fet forth to return them an anfwer ; to lay before them the con- tents of the late treaty at Eafton and to affure them ; " That the Englifh had no

intention to make Settlements in their Hunting Cotmtry beyond the Allegheny

Hills; unlefs they fhould be defired, for the conveniency of the Indians, to

eredt Store houfes in order to eftablifh and carry on the Trade.

Thefe Deputies ftay'<