Virginia, in pursuance of instructions from the Lords Proprietors, the first governor of the colony, then known as the county of Albemarle. In October, 1677, Governor Drummond was succeeded by Samuel Stephens who was authorized to grant land, reserving to the Lords Proprietors one half of the gold and silver ore. At this time the first constitution was given to the colony. It reeled that the governor should act with the advice of a council of twelve, one half to be appointed by himself, the other half by the assembly, and the assembly was to be composed of the governor, the council and twelve delegates chosen by the freeholders. Historians do not agree as to the precise year in which the first legislative body in North Carolina convened. It was certainly however either in 1666 or 1667. This legislature was called "the Grand Assembly of the County of Albemarle," and on its petition the Lords Proprietors by an instrument, since called the "Great Deed of Grant,"[1] directed that lands should be held by the inhabitants of the said county on the same terms and conditions as lands were held by the inhabitants of Virginia. The principal acts of this assembly were such as were believed to be required by the peculiar situation of the country, and were prompted by an anxious desire to increase its population. Suits for any debts created out of the country were prohibited for five years — new settlers were exempted from taxation for one year—the right to a certain quantity of land, acquired by migration, could not be transferred until the owner had remained two years in the country—dealers from abroad were prohibited from trafficking with the Indians; and as there were no regular ministers, marriages might be contracted by a simple declaration by the parties of their mutual consent, made before the governor or a member of the council in the presence of a few neighbors. These laws were transmitted to and approved by the Lords Proprietors, who had reserved to themselves a veto on the acts of the assembly. In July, 1669, the Lords Proprietors adopted a new form of government for their colony. It was styled "The Fundamental Constitutions of Carolina," and was the production of the celebrated John Locke.[2] Its provisions were so illy adapted to the situation of the country and to the habits, customs and feelings of the people, for whom it was intended, that all the efforts of the proprietors could never carry it into practical operation. After producing great discontent, faction and disorder throughout the colony for more than twenty years, it was finally abrogated in
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PREFACE.
