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This partial freedom, was solaced with joy, by meeting with Jesse Coffer, Nathaniel Bullock, and others from Kentucky; who had been taken prisoners by the Indians, and found safety for their lives, at a British garrison.

In some short time Butler, and the two men, just named, found means of escape, and in 1779 returned to Kentucky, after a march of thirty days through the woods,

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CHAP. V.

Passage of the Land Law-Bowman's Expedition, &c.

[1779.] THE year 1779, had now arrived, and began to unfold the events, of which it had, in the order of things, been made the depository. Those of a civil nature will next occupy attention. Virginia, in addition to her other arrangements, having engaged with considerable energy, in the defence of her western frontier, which under the management of Colonel Clark, as has been shewn, was crowned with a degree of success, that reflected equal honour on her councils, and on her arms, now found herself involved in debts, beyond the compe tency of her ordinary means to pay.

The war, it may be recollected, was universal-extending from Europe to America-and from one extremity of the United States, to the other. From Maine, to Georgia, and from the Atlantic, to the Mississippi, was the cannon heard, or the tomahawk brandished. On the part of the Americans, it was a war against taxation; and the great body of the people, always to be influenced by names, and by objects palpable to their senses, rather than reason, or expediency, would not, it was believed, bear to be taxed at home to the extent necessary to support a war, against the possibility of being taxed abroad; although it were by the British parliament, where they were not represented. Paper bills, had been substituted for coined metals, and its quantity so increased, that its depreciation was sensibly felt, and rapidly progressing.

Could it even have been recalled by taxation, there was, nothing to supply its place as a circulating medium, without agáin putting it into motion; nor could the public debts have been paid, or the war carried on, without the continuance of the old, or the emission of new bills.

In this situation, Virginia possessed in the fertile regions of Kentucky, an immense fund of revenue, not yet brought into

action. The attention of her legislators, had been carried with a strong current toward these regions, by the occurrences of the preceding year; and in casting about for ways, and means, their observation was pressed on this rich resource, as well, by the emergency of the crisis, as by the desire and solicitation of private individuals; who either wanted the sanction of law to support their existing claims, or else its provision, by which to acquire a title to the soil, so alluring to the cultivator, and him, who proposed making himself opulent, by engrossing it in large quantities. In fact, the sale of Kentucky lands now became a common topic; and was desired by all descriptions of the people; either as a substitute for taxes, or as the means of accumulating wealth, and distinction. The representatives of the people, could but participate in these feelings, both as men, and politicians—and hence, in the May session of this year, the LAND LAW of Virginia was passed-by which the terms of possessing the allodial property in the soil, were prescribed. An event, of great moment: which, as it put into activity a variety of passions-and opened new prospects to emigrants, and others, may be considered as the commence-.. ment of a new era in the affairs of Kentucky. For in all ages, and countries, as history, corroberating experience, will shew, the division and appropriation of land, have been subjects of the first importance, to the country, which has neglected, or effected, them. No people, it may be assumed, has been known to become great, where these circumstances have not been attended to in due time. The first settlers in Vir ginia, were under the direction of a company; and who ordered the cultivation of the land by the inhabitants, in common. The consequence was, a repetition of defective crops-notwithstanding the fertility of the James' river bottoms, and the mildness, and suitableness of the climate of Jamestown, to the production of Indian corn. So great was the scarcity of grain, after a residence of several years, that, but for the supplies, furnished by the savages, a famine would have ensued. Nor does it appear that plenty abounded, until after the division and appropriation of the land, took place in the

colony. For although the natives had made one remove from a cultivation in common; yet their individual appropriations were imperfect their labours languid-their cultivation negligent-their productions few, and scanty. A single sentence explains the whole: They had not appropriated the soil by permanent division-they were hunters.

Were it necessary at this time, to illustrate the utility of a subject so generally understood as the division, and appropriation, of land, by examples drawn from history-that of times, both ancient, and modern, afford abundant instances of their importance. Let it suffice to state the result, to be a clear proposition, that both are necessary, to the prosperity of every country, where agriculture is pursued, as a means of support.

Some essayists, in their political speculations, have affected to treat as riches, only, those things, which could be removed from one place, to another; or aptly committed to use, without further amelioration, or additional labour. While they exclude land, from the definition, because it could not be transferred with the person of the owner, from one situation to another; and because, without manual labour, and time to receive the fruits of its cultivation, it supplies nothing to the use or accommodation of man, or society; except a few wild fruits and roots. Others, consider land, as the basis of all riches, and its cultivation as the only subject worthy the attention of legislators.

Without examining the merits of these different theories, the common experience, and plain sense of mankind, may be appealed to, for the correctness of the position, which ascribes to the secure possession of the soil, as individual property, the first step towards personal independence; the best security for patriotism; and the most certain source of improvement, prosperity, and wealth, of every country. For what in reality, constitute the riches of any country, but the joint produce of its land and labour? The labours of agriculture, and the productions of the land in various kinds, form the foundation of population; which is known to keep pace with the means of support, which is drawn from the earth. And these means,

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are again found to proceed in an exact ratio with the encouragement afforded to the labours of the husbandman. The first, and greatest, of which, is, to secure to him, the sole and exclusive ownership, of his due proportion of the land, in the country.

So perfectly convinced was the legislature of Virginia, of the general truth of these propositions; and so well were they affected towards the future prosperity of Kentucky, that all conditions of quit rents, seating, and improving, which had been frequent in royal grants, were dispensed with, and abolished: and a pure fee simple in the land, confirmed to those who had existing legal claims; and offered to all such, as should choose to become purchasers of her waste and unappropriated lands. It is also a circumstance, worthy of observation, as it is of the utmost political importance, that Virginia requiring of her citizens, who should elect, or be elected, to her legislature, to give assurance of a permanent attachment to, and interest in, the welfare of the community-have stipulated solemnly to accept that assurance only, in the written title to a FREEHOLD ESTATE in the land of the commonwealth. The same profound view of human nature, doubtless, it is, which has induced her, to continue the exemption of real estates, from sale for debt. These are the great sheet anchors, of her private morality-and of her public policy. To these she owes her stability, her consistency-her influence-her prosperity-her dignity. Yielding enough, and more than enough, to democracy; which is ever to be respected, when duly restrained and never disparaged, but in its excesses-Virginia has wisely, embraced in her constitution of government, some restraints to its licentiousness- some checks to its violenceand some security against its follies, by excluding from a participation in the law-making power, such of her citizens, as have lost, or not acquired, that kind of interest which identifies them, with the security of property: the necessary basis of all just, and wise, governments.

The constitution of Virginia, although, at the time alluded to, comprehending Kentucky, forms no subject of discussion

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