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of the American army. The following table shows the distribution of the people, according to the census of 1790:

Population of the United States on the 1st of August, 1790.

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Total

813,308 812,427 1,556,847 59,466 697,897 3,929,827

We are not informed whether or not the census included the sparsely settled pioneers in the wild forests west of Georgia proper. It did not include the people living in the north-west territory, though there were but a few hundred in that extensive region, the most of whom were French.

CHAPTER V.

The Sovereignty of the States, and the Treaty of 1783; Virginia Constitutional Government; the Legislative, Executive, and Judiciary Departments; Organisation of Counties; Adoption and Revision of a Constitution; the Source a of State's Sovereignty; Federal Government constructs Forts by permission of the State; Grades of Territorial Governments.

THE organisation of a state government is in conformity with a constitutional code, in the nature of a compact between the people, in whom, according to the theory of American republicanism, "all power is vested," and to whom are amenable all administrative agents, whether executive, legislative, or judicial. Before proceeding to explain the mode or manner of forming a state government, we deem it necessary, as preliminary, to refer to the earlier political condition of the colonies.

THE SOVEREIGNTY OF THE STATES, AND THE TREATY OF 1783.

The colonial governments were organised, by authority from the crown of Great Britain, under certain stipulations, specified in their respective royal patents. The sovereignty of the soil was with the crown; and the right of government, according to the royal interpretation, was, in part, but delegated to the people. At the commencement of the revolutionary war, each colony formally revolted, and declared itself free and independent, and that all powers of government were vested in the people. There were

thirteen colonies; and, by their acts, severing all allegiance to the British crown, they became thirteen independent republics; though, until recognised by the British government, they were but belligerent powers. The treaty of 1783 acknowledged their independence; each of the states being named in the treaty, and therein recognised as distinct sovereignties.

The said treaty contains the following:

"Art. 1. His Britannic majesty acknowledges the said United States, viz., New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to be free, sovereign, and independent states; that he treats with them as such; and for himself, his heirs and successors, relinquishes all claims to the government, property, and territorial rights of the same, and every part thereof."

It was stipulated that creditors, on either side, should meet with no lawful impediment to the recovery of the full value of all the debts theretofore contracted. Congress was to recommend to the states to provide for the restitution of confiscated estates. Congress was also to recommend to the states a reconsideration of their laws concerning confiscation; and persons having an interest in confiscated lands, were not to meet with any lawful impediment in the prosecution of their just rights. The peace was to be firm and perpetual; prisoners were to be released; and the negroes were not to be carried away. These were among the conditions of the treaty of 1783, which was made with the thirteen states, and not with the confederation then in existence, under the articles of 1778. But the American commissioners were appointed under the act of Congress, and the treaty was confirmed by the

confederation, and not by the respective states. It would seem, from these circumstances, that the confederation and its officials were but the mere agents for the statesa grand executive committee.

VIRGINIA CONSTITUTIONAL GOVERNMENT.

Immediately after the breaking out of hostilities between the colonies and the government of George III., each of the states exercised an independent sovereignty, and proceeded to form an organic code, grouping together the principles of the government desired by the people, to take the place of the former regal structure. It was determined to maintain a republic; and to that end, the states, one after the other, and each for itself, excepting Rhode Island and Connecticut, proceeded to frame a constitution. Virginia was the first of the states, or colonies, to adopt a constitutional organisation of a permanent character. In January, 1776, a provincial Congress, composed of representatives from the towns of New Hampshire, assembled, and adopted a provisional government, consisting of a "House of Representatives," or an "assembly," of the colony. This body elected twelve persons to form a council; and it was agreed that all acts should pass both of these assemblies before they should become laws. This form of government continued until 1790, when a constitution was framed and adopted.

Early in the year 1776, South Carolina, in provincial assembly, resolved itself into a "general assembly," and elected a legislative council from its own members. These two bodies, on joint ballot, elected a president (who was

also commander-in-chief of the state), and a vice-president. The president was the executive; and the judiciary, elected by the legislative assemblies, were commissioned by the president. This form of government continued in force until the adoption of the constitutional government in 1790. A convention of delegates, elected by the people of Virginia, assembled on the 15th of May, 1776; and, on the 12th of June, the first constitution for the formation of the first American republic was unanimously adopted. This constitution had prefixed to it the following “Bill of Rights;" viz.

A Declaration of Rights made by the Representatives of the good People of Virginia, assembled in full and free Convention; which rights do pertain to them and their Posterity, as the basis and foundation of Government. Unanimously adopted June 12th, 1776. 1. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.

2. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.

3. That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community. Of all the various modes and forms of government, that is the best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and that, when any government shall be found inadequate, or contrary to these purposes, a majority of the community hath an indubitable, unalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.

4. That no man, or set of men, are entitled to exclusive or

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