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period; for the Tuskaroras claimed
that this was the language of their
ancestors; other and later evidences,
but says, that while the tradition of
Madoc's adventure may be true,
these "slight resemblances

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enough to have enabled the Rev. Mr.
Jones to converse familiarly with
these Indians, or to preach to them,
three times a week for four months,
in their own tongue and his.

It is to be regretted that the author
of the Pre-Historical Races of Ame-
rica (at page 400), should put his ob-
jection to Mr. Jones' letter and this
testimony upon another gronnd, that
although the reverend gentleman
may have been a very worthy person,
and Mr. Bancroft says, (5 N. R. 118),
"his statement is entitled to the most
respectful consideration," "its authen-
ticity is rendered doubtful by the
offer of Mr. Jones, to swear to it."
Now at the time of the publication of
this letter, eighty years had already
elapsed, and if Mr. Jones was of age
when he entered the ministry, he
must at that time, and probably was
in his grave.
It is not at all likely
that Mr. Jones made such offer or had
offered an affidavit" to a private
letter.

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The affidavit which offended the historian was probably made or offered by some other person-for Bishop Perry in his History of the Ep. Church, page 372-proves that for and during the space of eighteen years after these alleged adventures

in North Carolina, Mr. Jones was an

acceptable minister of his church at Newton, Westchester, and Great Neck, in Long Island, N. Y.

Baron Humboldt says (2 Cosmos., 236 Note), "Statements have been advanced from the time of Raleigh and his expedition (landed at Roanoke), of natives of Virginia, speaking Celtic; of the salutation Hao. hi. and iach (yach) having been heard there, and that one Owen Chaplain, in 1669, (some years after Mr. Jones' visit to the Tuskaroras of North Carolina) saved himself from the same tribe, when they were about to scalp him; just as Mr. Jones had done; by remonstrances addressed to them in Gaelic, all of which Humboldt finds worthy to record in the 9th vol. of his travels. (Book 3, Relations Historique, 150).

A few of the Tuskaroras of North Carolina left that State in 1713-15, but it appears from the case of Sacaroorse and Longbord vs. Kings' heirs (2 Carolina Law Repos. 451), that a treaty containing a grant of land, was made with them by the North Carolina authorities in the year 1717.* *

* UNIVERSITY OF NORTH CAROLINA,
PRESIDENT'S OFFICE,
Chapel Hill, N. C.,
May 27, 1890.

COLONEL EDWARD CANTWELL,

Utica, N. Y.

The North Carolina histories say that a portion of the Tuskaroras under Chief Handcock went to New York in 1713. The inference is that their emigration was in 1713, The grant of land in Bertie county to King Blount for himself and "the rest of the Tus

How long after they continued to speak Irish after their conquest and exodus to New York, I am not advised.

The evidence I have offered shows that they did not learn it from Columbus.

I find it difficuit to come to any conclusion, other than that America. was known to the Irish, and was repeatedly visited by them for several centuries before the days of the Great Navigator, and, they had a settlement in the country now occupied by Georgia, the two Carolinas and Florida. The country was known to the Arabians and the Scandinavians, and others, by the name of Great Ireland. Indeed there are reasons for the opinion, that the Irish were acquainted with Mexico and Yucatan, and introduced Christianity there in the sixth century.

Of the grounds for this opinion,it is yet premature to speak. The investigations now going on will decide. In them, the French seem to be taking the lead. The inscriptions at Uxmal and Palenque are still undecipherable, and Mr. Bancroft thinks they will remain an inscrutable mystery. Let us be more sanguine.

The Eu

karora tribe," in consideration of great services, was on June 5, 1717. This remnant emigrated to New York in June, 1803, leaving one Indian to settle up their affairs Very truly,

KEMP P. BATTLE.

boen tablets were illegible for hundreds of years. The mysteries of Egypt, upon which the most learned and scientific men of the world were engaged for centuries, were at last. accidentally unravelled by a boy of seventeen, and Archælogical science. is making great advances in these days. Evidently we are on the brink of even a greater discovery.

It is impossible to say in what shape or at what hour it will come. It may be that some one eager to excel the fame of Champollion, shall for this purpose yet traverse the mighty valley which rolls a sea of verdure between the Empire State and the snow-crowned peaks and rock-walled harbors, which shoulder back the billows of the Pacific, where, imitating the power and supplying the beneficence of nature, artificial shelters are extended to the navies of the Union.

Who shall say that climbing the blue Sierras, on the lone summit of some lofty peak, there may be yet discovered the blazing symbol of the ancient faith of the Aztecs, and the last sanctuary of its surviving custodian!

Whoever shall give tongue to these voiceless legends will achieve an immortality greater than Champollion. He will lift a vail which now covers the fate of millions of our race and tell a history more eventful than any now known to mankind.

EDWARD CANTWELL.

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2

OLD VIRGINIA

THE COLONIAL CHARTERS OF VIRGINIA.

THE first charter relating to the
settlement of Virginia was dated
April 10th, 1606, and was issued by
James the I. to Sir Thomas Gates, Sir
George Somers and others, for two
several colonies and plantations, to
be made in Virginia and other parts
and territories of America. By the
second section of that charter the two
several colonies are described as fol-
lows: "The one consisting of certain
knights, gentlemen, merchants and
other adventurers of our city of Lon-
don and elsewhere, which are and
from time to time shall be joined unto
them, which do desire to begin their
plantation and habitation in some fit
and convenient place, between four
and thirty and one and forty degrees
of the said latitude, alongst the coast
of Virginia and coast of America; and
the

other

other consisting of sundry knights, gentlemen, merchants and other adventurers of our cities of Bristol and Exeter, and of our town of Plymouth, and of other places, which do join themselves unto that colony, which do desire to begin their plantation in some fit and convenient place between eight and thirty degrees and five and forty degrees of the said latitude, all alongst the said

II.

coast of Virginia and America, as the coast lyeth."

The fourth and fifth sections of the charter defines who shall constitute the first and second colonies, and defines their rights; the first colony to "begin their said first plantation and habitation at any place upon the said coast of Virginia or America, where they shall think fit and convenient, between the said four and thirty and one and forty degrees of the said latitude; and that they shall have all the lands, woods, soil, grounds, havens, ports, rivers, mines, minerals, marshes, waters, fishing commodities, and hereditaments, from the said first seat of their plantation and habitation by the space of fifty miles of English statute measure all along the said coast of Virginia and America, toward the west and southwest, as the coast lyeth, with all the islands within one hundred miles directly over against the same sea coast; and also all the lands, soil, grounds, havens, ports, rivers, mines, minerals, woods, waters, marshes, fishings, commodities and hereditaments whatsoever, from the said place of their first plantation and habitation for the space of fifty like English miles, all alongst

the said coast of Virginia and America, toward the east and northwest or toward the north, as the coast lyeth, together with all the islands within one hundred miles directly over against the said sea coast; and also all the lands, woods, soil, grounds, havens, ports, rivers, mines, minerals, marshes, fishings, commodities and hereditaments whatsoever, from the same fifty miles every way on the sea coast, directly into the main land, by the space of one hundred like English miles."

The second colony were to locate "between eight and thirty degrees of the said latitude and five and forty degrees of the same latitude, and the boundaries were defined in terms precisely like that of the first colony." Each of these colonies were to establish councils, to be called "The Council of Virginia," who were to have the management, direction and government of their colonies, with a Sigillum Regis Magnia, Britannic Fancia and Hiberniæ, and round about the other side Pro Cancelio Suo Virginia.

By the fifteenth section of this charter it was provided that “ every person being our subjects which shall dwell and inhabit within every or any of the said several colonies and plantation, and every of their children. which shall happen to be born within any of the limits and precincts of the said several colonies and plantations, shall have and enjoy all liberties, franchises and immunities within any of

our other dominions to all interesst and purposes as if they had been abiding and born within this, our realm, or any other of our said

dominions."

Supplementing these charters were certain "articles, instructions and orders," which appear to have been very carefully and laborately drawn. up for the guidance of the colonies, providing for the organization of the councils and providing for judicial proceedings, the punishment of offenses and misdemeanors, and providing particularly for the trial by jury, and, of course, following out the customs of the English courts and proceedings according to the course of the common law.

About this time the spirit of conquest, adventure and exploration took possession of the people, and the stories brought back from Virginia and America so influenced the imagination that it was thought that all that it was necessary to do was to reach the New World, and especially the place called Virginia, to secure boundless wealth. This idea was not confined to the common people alone, but became dominant in the minds of the aristocracy and many of the nobility. Accordingly, in 1609 James the I. issued letters patent to certain distinguished earls, viscounts, knights, companies and organizations, in and by which letters patent it was provided for the orgonization of a corporation and body politic, which was of the most extraordinary

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and interesting character, known as
"The Treasurer and Company of
Adventurers and Planters of the City
of London for the First Colony of
Virginia."

The list of persons, set forth in the
charter, commences with the name of
Robert, Earl of Salisbury; Thomas,
Earl of Suffolk; Henry, Earl of South-
ampton; William, Earl of Pembroke,
Henry, Earl of Lincoln, and many
other earls. This is followed by a
long list of lords, knights and vis-
counts, then of captains, then of es-
quires and gentlemen, then represen-
tatives of every conceivable trade and
employment, and finally, in order to
make the list complete, every guild
and company almost in London is
provided for, such as "the company
of mercers, the company of grocers,
the company of drapers, fishmongers,
goldsmiths, skinners, haberdashers,
merchant tailors, salters, ironmongers
vinters, clothworkers, brewers, leather-
sellers, pewterers, cutters, white-
bakers, wax chandlers, tallow chand-
lers, armorers, girdlers, butchers, sad-
dlers, carpenters, cordwainers," and
every other company almost that ever
had an existence in London.

The territory assigned to this corporation commenced at a point called "Cape or Point Comfort, and extended all along the sea coast to the northward two hundred miles, and from the said point of Cape Comfort to the southward two hundred miles, and all that space and circuit of land lying from the sea coast of the precinct

aforesaid, up into the land, throughout from sea to sea, west and northwest, and all islands lying within three hundred leagues of the coast." This grant, therefore, gave the company a coast line of 400 miles, and extended across the continent to the Pacific Ocean.

This is what is known as an infant colony, but it was of the most gigantic proportions.

It is not our purpose to trace the history of this corporation, or the different grants made to the various persons and companies of adventurers, and what strifes ensued between the various rival companies, and how some of their charters were summarily and arbitrarily revoked, and how the settlements spread along the coasts, then inland and westward into the wilderness, and how English law was extended over all, as this belongs to the historian rather than the jurist. Our chief concern now is to show the relation of Illinois to Virginia, how the territory of Illinois was conquered by Virginia, and organized into a county and called Illinois, and finally was transferred to the common brotherhood of States, then organized into a territory, and finally into a State, and here the common law became the foundation for our jurisprudence.

The twenty-third section of the charter of 1609, which provides especially for the government of the colony, and which refers to the administration of the civil and criminal

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