241 In my Beginnings of New England, pp. 148-153.

242 Of the numbers in The Federalist, 51 were written by Hamilton, 29 by Madison, and 5 by Jay. But the frame of government which the book was written to explain and defend was not at all the work of Hamilton, whose part in the proceedings of the Federal Convention was almost nil. It was very largely the work of Madison, and while The Federalist shows Hamilton’s marvellous flexibility of intelligence, it is Madison who is master and Hamilton who is his expounder.

243 See above, vol. i. p. 221.

244 Stith, History of Virginia, preface, vi., vii.

245 Byrd’s History of the Dividing Line, with his Journey to the Land of Eden, and A Progress to the Mines, remained in MS. for more than a century. They were published at Petersburg in 1841, under the title of Westover Manuscripts. A better edition, edited by T. H. Wynne, was published in 1866 under the title of Byrd Manuscripts.

246 Byrd MSS. i. 5.

247 Bruce, Economic History, ii. 234.

248 See the history of the case, in Washington’s Writings, ed. W. C. Ford, xiv. 255-260. According to Mr. Paul Ford, “there can scarcely be a doubt that the treatment of his last illness by the doctors was little short of murder.” The True George Washington, p. 58. The question is suggested, if Washington had lived a dozen years longer, would there have been a second war with England?

249 Meade’s Old Churches, i. 18, 361, 385.

250 It is difficult to obtain exact data. My impression is derived from study of the statutes and from general reading.

251 It is authoritatively stated in the Virginia Magazine, i. 347, that from the time of the Company down to the time of the Revolution, “there is no record of any duel in Virginia.” In the thirteen volumes of Hening I find no allusion to duelling; for the mention of “challenges to fight” in such a passage as vol. vi. p. 80, clearly refers to chance affrays with fisticuffs at the gaming table, and not to duels. Yet in 1731 Rodolphus Malbone, for challenging Solomon White, a magistrate, “with sword and pistol,” was bound over in £50 to keep the peace: see Virginia Magazine, iii. 89.

252 Virginia Magazine, i. 128. A woman named Eve was burned in Orange County in 1746 for petty treason, i. e. murdering her master. Id. iii. 308. For poisoning the master’s family a man and woman were burned at Charleston, S. C., in 1769. Id. iv. 341. For petty treason a negro woman named Phillis was burned at the stake in Cambridge, Mass., Sept. 18, 1755: see Boston Evening Post, Sept. 22, 1755; Paige’s History of Cambridge, p. 217. For riotous murder in the city of New York 21 negroes were executed in 1712, several of whom were burned and one was broken on the wheel; and again in 1741, in the panic over an imaginary plot, 13 negroes were burned at the stake: see Acts of Assembly, New York, ann. 1712; Documents relating to Colonial History of New York, vol. vi. ann. 1741. There may have been other cases. These here cited were especially notable.

253 Prof. M. C. Tyler (History of American Literature, i. 90) quotes a statement of Burk (History of Virginia, Petersburg, 1805, vol. ii. appendix, p. xxx.), to the effect that in Princess Anne County a woman was once burned for witchcraft. But Burk makes the statement on hearsay, and I have no doubt he refers to Grace Sherwood, who between 1698 and 1708 brought divers and sundry actions for slander against persons who had called her a witch, but could not get a verdict in her favour! She was searched for witch marks and imprisoned. It is a long way from this sort of thing to getting burned at the stake! Mrs. Sherwood made her will in 1733, and it was admitted to probate in 1741. See William and Mary College Quarterly, i. 69; ii. 58; iii. 96, 190, 242; iv. 18.—There is a widespread popular belief that the victims of the witchcraft delusion in Salem were burned; scarcely a fortnight passes without some allusions to this “burning” in the newspapers. Of the twenty victims at Salem, nineteen were hanged, one was pressed to death; not one was burned. See Upham’s History of Witchcraft and Salem Village, Boston, 1867, 2 vols.

254 Winsor, Narr. and Crit. Hist. v. 286.

255 Fox-Bourne’s Life of John Locke, i. 203.

256 The Fundamental Constitutions are printed in Locke’s Works, London, 1824, ix. 175-199. An excellent analysis of them is given by Prof. Bassett, “The Constitutional Beginnings of North Carolina,” J. H. U. Studies, xii. 97-169; see, also, Whitney, “Government of the Colony of South Carolina,” Id. xiii. 1-121.

257 Hening, i. 380.

258 He is commonly called a Quaker, but the tradition is ill supported. See Weeks, Southern Quakers and Slavery, p. 33.

259 See my Discovery of America, i. 167-169.

260 Hawks, History of North Carolina, ii. 72.

261 Lawson, A Description of North Carolina, London, 1718, p. 73.

262 Rivers, Early History of South Carolina, Charleston, 1856, p. 96.

263 Williamson, History of North Carolina, Philadelphia, 1812, p. 120.

264 Williamson, op. cit. i. 121.

265 Moore’s History of North Carolina, Raleigh, 1880, i. 18.

266 I am glad to find this opinion corroborated by Professor Bassett in his able paper above cited, J. H. U. Studies, xii. 109.

267 Hawks, History of North Carolina, ii. 470.

268 See above, p. 85 of the present volume.

269 Dr. Hawks, in his History of North Carolina, ii. 463-483, gives a detailed and very entertaining account of the Culpeper rebellion, to which I am indebted for several particulars.

270 Hawks, op. cit. ii. 489.

271 Rivers, Early History of South Carolina, p. 145.

272 Id. p. 153.

273 Records of General Court of Albemarle, 1697; Hawks, op. cit. ii. 491.

274 Spotswood’s Official Letters (Va. Hist. Soc. Coll.), Richmond, 1882, i. 106. Several other passages in Spotswood’s letters of the summer and autumn of 1711 express a similar belief. The opinion of Spotswood is adopted in Hawks, History of North Carolina, ii. 522-533, who is followed by Moore, History of North Carolina, i. 35. I am glad to find that my opinion of the inadequacy of the evidence is shared by so great an authority as Professor Rivers, in Winsor, Narr. and Crit. Hist. v. 298.

275 See the learned essay by James Mooney, The Siouan Tribes of the East (Bureau of Ethnology, Bulletin 22), Washington, 1894. Until recent years it was not known that there were ever any Sioux in the Atlantic region. The Catawbas, etc., were supposed to be Muskogi.

276 Lawson, The History of Carolina; containing the Exact Description and Natural History of that Country; together with the Present State thereof. And a Journal of a Thousand Miles travelled through several Nations of Indians, giving a particular Account of their Customs, Manners, etc. London, 1709, small quarto, 258 pages.

277 For this and other atrocities see the letter of November 2, 1711, from Major Christopher Gale to his sister, printed in Nichols’s Illustrations of the Literary History of the Eighteenth Century, iv. 489-492.

278 In Professor Rivers’s version of the story there was either no general conspiracy or only a sudden one conceived after the murder of Lawson. He suggests that “being fearful of the consequences” of that act, the Indians “were hurried into the design of a widespread massacre,” etc. Early History of South Carolina, p. 253. It may be so. Questions relating to concert between Indian tribes are apt to be hard to settle. I think, however, that in this case the simultaneity of attack at distant points is in favour of the generally accepted view of a conspiracy arranged before Lawson’s death.

279 Spotswood to the Lords of Trade and to Lord Dartmouth, December 28, 1711, Official Letters, i. 129-138. This was one of the early instances of the extreme difficulty of obtaining money from “whimsical” legislatures for the common defence, which in later years led Parliament to the attempt to cure the evil by means of the Stamp Act. Even in what he did accomplish on the border, Spotswood had to depend upon voluntary contributions, just as money was raised by Franklin in 1758 for the expedition against Fort Duquesne, and by Robert Morris in the great crisis of Washington’s Trenton-Princeton campaign.

280 See my Outlines of Cosmic Philosophy, ii. 200.

281 Dr. Hugh Williamson, in his History of North Carolina, Philadelphia, 1812, ii. 173-211, gives a very interesting account of these malarial swamps, their geological causes, and their effects upon the people.

282 For a sprightly account of the Alpine region of North Carolina and its inhabitants, see Zeigler and Grosscup, The Heart of the Alleghanies, Raleigh, 1883.

283 Lawson’s History of Carolina, London, 1718, p. 79.

284 Byrd MSS. i. 59, 65.

285 Byrd MSS. i. 56.

286 Byrd MSS. i. 59.

287 See above, p. 188 of the present volume.

288 William and Mary College Quarterly, ii. 146.

289 Spotswood to the Lords of Trade, April 5, 1717, Official Letters, ii. 227.

290 Olmsted’s Slave States, p. 507.

291 Cf. Ramage, “Local Government and Free Schools in South Carolina,” Johns Hopkins Univ. Studies, vol. i.

292 Ramage, op. cit.

293 The remarks of Herbert Spencer on state education, in his Social Statics, revised ed., London, 1892, pp. 153-184, deserve most careful consideration by all who are interested in the welfare of their fellow-creatures.

294 Bruce, Economic History of Virginia, ii. 108.

295 Americans are apt to forget how much nearer the equator the familiar points in this country are than familiar points in Europe. Although every family has an atlas, many persons are surprised when their attention is called to the facts that Great Britain is in the latitude of Hudson Bay, that Paris and Vienna are further north than Quebec, that Montreal is nearly opposite to Venice, Boston to Rome, Charleston to Tripoli, etc.

296 Simms, History of South Carolina, p. 106; Williams, History of the Negro Race in America, i. 299.

297 Whitney, “Government of the Colony of South Carolina,” Johns Hopkins Univ. Studies, xiii. 95; Statutes of South Carolina, iii. 395-399, 456-461, 568-573.

298 The story is told by St. John de Crèvecœur, in his Letters from an American Farmer, Philadelphia, 1793, pp. 178-180. Crèvecœur was on his way to dine with a planter when he encountered the shocking spectacle. He succeeded in passing a shell of water through the bars of the cage to the lips of the poor wretch, who thanked him and begged to be killed; but the Frenchman had no means at hand.

299 Statutes of South Carolina, vii. 410, 411.

300 “La plupart des riches habitans de la Caroline du Sud, ayant été élevés en Europe, en ont apporté plus de gout, et des connaissances plus analogues à nos mœurs, que les habitans des provinces du Nord, ce qui doit leur donner généralement sur ceux-ci de l’avantage en société. Les femmes semblent aussi plus animées que dans le Nord, prennent plus de part à la conversation, sont davantage dans la société.... Elles sont jolies, agréables, piquantes; mais ... les hommes et les femmes vieillissent promptement dan ce climat.” La Rochefoucauld-Liancourt, Voyage dans les États-Unis, Paris, 1799, iv. 13.

301 Boswell has a characteristic anecdote of Oglethorpe, who was very high-spirited, but extremely sensible. When a lad of nineteen or so, he was dining one day with a certain Prince of Würtemberg and others, when the insolent prince fillipped a few drops of wine into his face. “Here was a nice dilemma. To have challenged him instantly might have fixed a quarrelsome character upon the young soldier; to have taken no notice of it might have been considered as cowardice. Oglethorpe, therefore, keeping his eye upon the prince and smiling, ... said, ‘That’s a good joke, but we do it much better in England,’ and threw a whole glass of wine in the prince’s face. An old general, who sat by, said, ‘Il a bien fait, mon prince, vous l’avez commencé,’ and thus all ended in good humour.” Life of Johnson, ed. Birkbeck Hill, ii. 180.

302 See the charter, in Jones’s History of Georgia, i. 90.

303 Blackstone’s Commentaries, bk. iv. chap. 5.

304 See above, vol. i. p. 24.

305 Burney, History of the Buccaneers of America, p. 52.

306 Exquemeling was sent to Tortuga in 1666, in one of the Dutch West India Company’s ships, and on his arrival was sold for thirty crowns into three years’ servitude. He says very neatly: “Je ne dis rien de ce qui a donné lieu à mon embarquement, suivi d’un si fâcheux esclavage, parce que cela seroit hors de propos, et ne pourroit estre qu’ennuyeux.” He was cruelly treated. After gaining his freedom he joined the buccaneers, apparently because there was nothing else to do. He went home in 1674 in a Dutch ship, “remerciant Dieu de m’avoir retiré de cette miserable vie, estant la première occasion de la quitter que j’eusse rencontré depuis cinq années.” Oexmelin, Histoire des Avanturiers, Paris, 1686, i. 13; ii. 312. The English version of his book is entitled “History of the Bucaniers of America” (London, 1684). The Spanish version is known as “Los Piratas.” Not only do the titles thus differ, but each translator has added more or less material from other sources, in order to exalt the fame of the rascals of his own nation.

307 “Le capitaine ... du vaisseau submergé était un pirate hollandais; c’était celui-là¡ même qui avait volé Candide. Les richesses immenses dont ce célérat s’était emparé furent ensevelies avec lui dans la mer, et il n’y eut qu’un mouton de sauvé. Vous voyez, dit Candide à Martin, que le crime est puni quelquefois; ce coquin de patron hollandais a en le sort qui’il méritait. Oui, dit Martin; mais fallait-il que les passagers qui était sur son vaisseau périssent aussi? Dieu a puni ce fripon, le diable a noyé les autres.” Voltaire, Œuvres, Paris, 1785. tom, xliv. p. 294.

308 Histoire des avanturiers, ii. 216.

309 Exquemeling says: “A l’heure que je parle il est élevé aux plus éminentes dignitez de la Jamaique; ce qui fait assez voir qu’un homme, tel qu’il soit, est toujours estimé & bien receu par tout, pourveu qu’il ait de l’argent.” Histoire des avanturiers, ii. 214.

310 Ringrose’s MS. Narrative, British Museum, Sloane collection, No. 3820.

311 See Hughson, “The Carolina Pirates and Colonial Commerce,” Johns Hopkins University Studies, xii. 241-370.

312 See Watson’s Annals of Philadelphia, ii. 222.

313 In Kidd’s case there were many extenuating circumstances; he was far from being such a scoundrel as most of the pirates.

314 See the cases of Mary Read and Anne Bonny, in Johnson’s History of the Pirates, London, 1724, 2 vols.

315 Burton’s History of Scotland, vi. 403.

316 In writing to James Stanhope, secretary of state, Spotswood says: “Such is the unaccountable temper of the People that they have generally chosen for their Representatives Persons of the meanest Estates and Capacitys in their Countys, And as if the House of Burgesses were resolved to copy after the patern of their Electors, of the few Gentlemen that are among them, they have expelled two for having the Generosity to serve their Country for nothing, w’ch they term bribery.” Official Letters, ii. 129. This reminds one of the language applied by Sherwood and Ludwell to Bacon’s followers (see above, p. 102); and suggests the presence among the burgesses of a considerable party which felt it necessary to contend against aristocratizing tendencies. To establish the principle that representatives might serve without pay would tend to disqualify poor folk from serving in that capacity.

317 There is evidently a slip of the pen here; Letters must have been the word intended.

318 Spotswood to the Lords of Trade, June 24, 1718. Official Letters, ii. 280, 281.

319 The 58th birthday of George I., May 28, 1718.

320 Spotswood, Official Letters, ii. 284.

321 His feelings find temperate expression in his letters to the Lords of Trade and to the secretary of state, James Stanhope; e. g., in October, 1712: “This Unhappy State of her Maj’t’s Subjects in my Neighbourhood is ye more Affecting to me because I have very little hopes of being enabled to relieve them by our Assembly, which I have called to meet next Week.... No arguments I have used can prevail on these people to make their Militia more Serviceable;” and in July, 1715: “I cannot forbear regretting yt I must always have to do w’th ye Representatives of ye Vulgar People, and mostly with such members as are of their Stamp and Understanding, for so long as half an Acre of Land ... qualifys a man to be an Elector, the meaner sort of People will ever carry ye Elections, and the humour generally runs to choose such men as are their most familiar Companions, who very eagerly seek to be Burgesses merely for the Lucre of the Salary, and who, for fear of not being chosen again, dare in Assembly do nothing that may be disrelished out of the House by ye Common People.... However, as my general Success hitherto with this sort of Assemblys is not to be Complained of, and as I have brought them, in some particulars, to place greater Trust in me than ever they did in any Governor before, and seeing their Confidence in Me has encreased with their Knowledge of me, I have great hopes to lead even this new Assembly into measures that may be for the hon’r and safety of these parts of his Maj’t’s Dominions.... Ye Assembly of No. Carolina has already faulted their Governor for dispatching away to ye relief of his next Neighbours a small reinforcement of Men, they alledging that their own danger requir’d not to weaken themselves.... None of ye Provinces on ye Continent have yet sent any Assistance of Men to So. Carolina, except this Colony alone, and No. Carolina, and by w’t I understand from Govern’r Hunter [of New York] I am afraid they may be diverted from it, he writing me word yt their Indians are grown very turbulent and ungovernable. We are not here without our dangers, too, but yet I judg’d it best, and ye readiest way to save ourselves, to run immediately to check the first kindling Flames, and even to stretch a point to succour Carolina with Arms and ammunition; and I made such dispatch in ye first Succours of Men I sent thither yt they pass’d no more than 15 days between the Day of ye Carolina Comm’rs coming to me and ye day of my embarking 118 Men listed for their Service. I have since sent another Vessel with 40 or 50 Men more; and hope in a short time to have ye Complem’t raised w’ch this Government has engag’d to furnish.... I need not offer, for my justification, to wound his Maj’t’s Ears with particular relation of the miserys his Subjects in Carolina labour under, and of ye Inhuman butchering and horrid Tortures many of them have been exposed to.” So in Oct. 1715: “Such was the Temper and Understanding [of the House of Burgesses] that they could not be reason’d into Wholesome Laws, and such their humour and principles yt they would aim at no other Acts than what invaded ye Prerogative or thwarted the Government. So that all their considerable Bills Stopt in the Council.... On ye 8 of Aug’st ... they plainly declar’d they would do nothing ... till they had an Answer from his Maj’tie to their Address about the Quitt rents. I need not repeat to you, S’r, what I have formerly represented of the inconveniency a Governm’t without money is expos’d to, especially in any dangerous Conjuncture.... The bulk of the Ellectors of Assembly Men concists of the meaner sort of People, who ... are more easily impos’d upon by persons who are not restrain’d by any Principles of Truth or Hon’r from publishing amongst them the most false reports, and have front enough to assert for truth even the grossest Absurdities. [How well this describes the blatant demagogues who thrive and multiply in the cesspool of politics to-day, like maggots in carrion!] ... These mobish Candidates always outbid the Gent’n of sence and Principles, for they stick not to vow to their Electors that no consideration whatever shall engage them to raise money, and some of them have so little shame as publickly to declare that if, in Assembly, anything should be propos’d w’ch they judg’d might be disagreeable to their Constituents, they would oppose it, tho’ they knew in their consciences yt it would be for ye good of the Country.” Spotswood’s Official Letters, ii. 1, 2, 124, 125, 130, 132, 164.

322 The expression is suggested by a famous passage in Lord Macaulay, who seems to think that it all happened in order that Frederick the Great might keep his hold upon Silesia!

323 See above, vol i. p. 27.

324 See above, vol. i. p. 61.

325 See above, vol. i. p. 116.

326 Hening’s Statutes, i. 381.

327 These were Kaskaskia and Cahokia in 1700, Detroit in 1701, Mobile in 1702, and Vincennes in 1705; and Bienville was just about to found New Orleans, which he did in 1718.

328 “I have often regretted that after so many Years as these Countrys have been Seated, no Attempts have been made to discover the Sources of Our Rivers, nor to Establishing Correspondence w’th those Nations of Indians to ye Westw’d of Us, even after the certain Knowledge of the Progress made by French in Surrounding us w’th their Settlements.” Spotswood, Official Letters, iii. 295. A reconnoissance was made in 1710, which reported that the Blue Ridge was not, as had been supposed, impassable. Id. i. 40.

329 Fontaine’s journal of the expedition shows that the crossing was not at Rockfish Gap, as formerly supposed. Cf. Peyton’s History of Augusta County, Staunton, 1882, pp. 24, 29.

330 “Thus it is a pleasure to cross the mountains.”

331 Jones, Present State of Virginia, London, 1724, p. 14.

332 Spotswood, Official Letters, ii. 297.

333 He understood that from Swift Run Gap it was but three days’ march to a tribe of Indians living on a river which emptied into Lake Erie; also that from a distant peak, which was pointed out to him, Lake Erie was distinctly visible; so he estimated the total distance as five days’ march. The river route thus vaguely indicated was probably down the Youghiogheny or the Monongahela to the site of Pittsburgh, then up the Alleghany and so on to the site of Erie, distant in a straight line about 300 miles from Swift Run Gap. Braddock in 1755 was a month in getting over less than one fourth of the actual route. But, in spite of the false estimate, Spotswood’s general idea was sound.

334 William and Mary College Quarterly, i. 7.

335 In this respect one of his family in the days of our great Civil War was like him. The noble statue at the entrance of Forest Park in St. Louis stands there to remind us that it was chiefly the iron will of Francis Preston Blair that in 1861 prevented the secessionist government of Missouri from dragging that state over to the Southern Confederacy.

336 George Washington’s elder brother, Lawrence, served in this expedition, and named his estate Mount Vernon after the admiral.

337 In 1781 the mansion at Temple Farm was known as the Moore House.

338 In my next following work, entitled “The Dutch and Quaker Colonies in America,” I hope to give a more detailed and specific account of the Scotch-Irish and their important work in this country.

339 Conway’s Barons, p. 213; Kercheval’s History of the Valley of Virginia, Winchester, 1833, p. 65.

340 Cf. Winsor, Narr. and Crit. Hist. v. 276.

341 Greene’s Antiquities of Worcester, p. 273.