Читать книгу The Life & Legacy of George Washington - John Marshall - Страница 11

Table of Contents

Prosperity of New England. … War with Philip. … Edward Randolph arrives in Boston. … Maine adjudged to Gorges. … Purchased by Massachusetts. … Royal government erected in New Hampshire. … Complaints against Massachusetts. … Their letters patent cancelled. … Death of Charles II. … James II. proclaimed. … New commission for the government of New England. … Sir Edmond Andros. … The charter of Rhode Island abrogated. … Odious measures of the new government. … Andros deposed. … William and Mary proclaimed. … Review of proceedings in New York and the Jerseys. … Pennsylvania granted to William Penn. … Frame of government. … Foundation of Philadelphia laid. … Assembly convened. … First acts of the legislature. … Boundary line with lord Baltimore settled.

1680

Prosperity of New England.

After the departure of the commissioners, New England was for some time quiet and prosperous. The plague, the fire of London, and the discontents of the people of England, engrossed the attention of the King, and suspended the execution of his plans respecting Massachusetts. In the mean time, that colony disregarded the acts of navigation, traded as an independent state, and governed New Hampshire and Maine without opposition.[104]

War with Philip.

This state of prosperous repose was interrupted by a combination of Indians so formidable, and a war so bloody, as to threaten the war with very existence of all New England. This combination was formed by Philip, the second son of Massassoet. The father and eldest son had cultivated the friendship of the colonists; but Philip, equally brave and intelligent, saw the continuing growth of the English with apprehension, and by his conduct soon excited their suspicion. 1675He gave explicit assurances of his pacific disposition; but, from the year 1670 till 1675, when hostilities commenced, he was secretly preparing for them. The war was carried on with great vigour and various success: the savages, led by an intrepid chief, who believed that the fate of his country depended on the entire destruction of the English, made exertions of which they had not been thought capable. Several battles were fought; and all that barbarous fury which distinguishes Indian warfare, was displayed in its full extent. Wherever the Indians marched, their route was marked with murder, fire, and desolation. Massachusetts, New Hampshire, and Plymouth, were the greatest sufferers. In those provinces especially, the Indians were so intermingled with the whites, that there was scarcely a part of the country in perfect security, or a family which had not to bewail the loss of a relation or friend. For a considerable time no decisive advantage was gained. 1676At length, the steady efforts of the English prevailed; and in August 1676, when the tide of success was running strong in favour of the colonists, Philip, after losing his family and chief counsellors, was himself killed by one of his own nation, whom he had offended. After his death, the war was soon terminated by the submission of the Indians. Never had the people of New England been engaged in so fierce, so bloody, and so desolating a conflict. Though the warriors of the nation of which Philip was prince, were estimated at only five hundred men, he had, by alliances, increased his force to three thousand. In this estimate the eastern Indians are not included. Many houses, and flourishing villages were reduced to ashes, and six hundred persons were either killed in battle, or murdered privately.[105]

While this war was raging with its utmost violence, the government of Massachusetts was under the necessity of directing a part of its attention to the claims of Mason and Gorges. The efforts of Charles to procure an appearance of the colony before the council having proved ineffectual, he determined to give judgment in its absence, unless an appearance should be entered within six months. Edward Randolph.Edward Randolph, who was dispatched to give notice of this determination, arrived in Boston in the summer of 1676; and, as other letters brought by the same vessel gave assurance that this resolution would be adhered to, the general court hastened the departure of deputies to represent the colony, and support its interests.

Maine adjudged to Gorges.

It was the opinion of the King in council that the line of Massachusetts did not run more than three miles north of the Merrimack; and Maine was adjudged to Gorges. The claim of Mason to New Hampshire being confined to the soil, all title to which, though so long exercised, was now waived by Massachusetts; and the terre-tenants not being before the court, that part of the case was decided so far only as respected the boundary of Massachusetts, which, being against the pretensions of that colony, its jurisdiction over New Hampshire ceased. Charles had been for some time treating for the purchase both of New Hampshire and Maine which he intended to bestow on his favourite son, the duke of Monmouth, but his poverty had prevented the contract. Massachusetts, though not ignorant of this fact, finding that the decision respecting Maine would be in favour of Gorges, purchased his title for twelve hundred pounds sterling. The offended monarch insisted on a relinquishment of the contract; but Massachusetts, apologising for what had been done, retained the purchase, and governed the country as a subordinate province.[106]

1679

Royal government in New Hampshire.

New Hampshire having become a distinct colony, a royal government was erected in that province; the legislature of which voted an affectionate address to Massachusetts, avowing a willingness to have retained their ancient connexion, had such been the pleasure of their common sovereign.

The temper and conduct of Massachusetts remaining unchanged, the charges against its government were renewed. The complaints of the Quakers were perseveringly urged; and the neglect of the acts of navigation, constituted a serious accusation against the colony. The general court, in a letter to their agents, declared these acts "to be an invasion of the rights, liberty, and property of the subjects of his majesty in the colony, they not being represented in Parliament." But as his majesty had signified his pleasure that they should be conformed to, "they had made provision by a law of the colony that they should be strictly attended to from time to time, although it greatly discouraged trade, and was a great damage to his majesty's plantation." Their agents gave correct information of the state of things in England, and assured them that only a fair compliance with the regulations respecting trade could secure them from an open breach with the crown. These honest representations produced the usual effect of unwelcome truths. They diminished the popularity of the agents, and excited a suspicion in Boston that they had not supported the interests of the colony with sufficient zeal. On their return, they brought with them a letter containing the requisitions of the King; and were soon followed by Randolph, who had been appointed collector at Boston. The general court began to manifest some disposition to appease their sovereign, and passed several laws for this purpose; but still declined complying with his directions to send agents with full powers to attend to the new ordering of the province; and the collector encountered insuperable obstacles in his attempts to execute the laws of trade. Almost every suit he instituted for the recovery of penalties or forfeitures was decided against him, at the costs of the prosecutor. These difficulties induced him to return to England, to solicit additional powers, which were equally disregarded.

The complaints of the King on these subjects were answered by professions of loyalty, and by partial compliances with the demands of the crown; but the main subject of contest remained unaltered.

1684

At length, being convinced that the King was determined to annul the charter, Massachusetts so far yielded to his will, as to appoint agents to represent the colony. But persons empowered to submit to such regulations as might be made by government, were, in other words, persons appointed to surrender the charter. They were therefore instructed not to do, or consent to, any thing that might infringe the liberties granted by charter, or the government established thereby. These powers were declared to be insufficient; and the agents were informed that, unless others, in every respect satisfactory, should be immediately obtained, it was his majesty's pleasure that a quo warranto should be issued without delay. This unpleasant intelligence was immediately communicated to the general court, accompanied with information of the proceedings which had lately taken place in England. In that country, many corporations had surrendered their charters; and, on the refusal of London, a quo warranto had issued against the city, which had been decided in favour of the crown. The question whether it was advisable to submit to his majesty's pleasure, or to permit the quo warranto to issue, was seriously referred to the general court, and was as seriously taken into consideration throughout the colony. In concurrence with the common sentiment, the general court determined that "it was better to die by other hands than their own." On receiving this final resolution, the fatal writ was issued, and was committed to the care of Randolph, who brought also a declaration of the King, that if the colony, before the writ should be prosecuted, would submit to his pleasure, he would regulate their charter for his service, and their good; and would make no farther alterations in it than should be necessary for the support of his government in the province. The governor and assistants passed a vote of submission; but, the deputies refusing their assent thereto, the high court of chancery, in Trinity term 1684, decreed against the governor and company, "that their letters patent, and the enrolment thereof be cancelled."

1685

Death of Charles II. James II. proclaimed.

Charles did not survive this decree long enough to complete his system respecting the New England colonies, or to establish a new government for Massachusetts. He died early in the following year; and his successor, from whose stern temper, and high toned opinions, the most gloomy presages had been drawn, was proclaimed, in Boston, with melancholy pomp.

Their presages were soon verified. Immediately after James had ascended the throne, a commission was issued for a president and council, as a temporary government for Massachusetts, New Hampshire, Maine, and Narraghansetts; whose powers were entirely executive and judicial. 1686This commission reached Boston in May, and was laid before the general court, not as a body invested with political authority, but as one composed of individuals of the first respectability and influence in the province. The general court agreed unanimously to an address, in answer to this communication, declaring "that the liberty of the subject is abridged, by the new system, both in matters of legislation and in laying taxes; and that it highly concerns them to whom it is directed to consider whether it be safe;" and added "that, if the newly appointed officers, mean to take upon themselves the government of the people, though they could not give their assent thereto, they should demean themselves as loyal subjects, and humbly make their addresses to God, and, in due time, to their gracious prince, for relief."

Mr. Dudley, the president named in the commission, was a native of Massachusetts, and seems to have mingled with his respect for the constitutional prerogative of the crown, a due regard for the rights of the people. Any immediate alterations, therefore, in the interior arrangements of the country were avoided; and the commissioners transmitted a memorial to the lords of the council for the colonies, stating the necessity of a well regulated assembly to represent the people, and soliciting an abatement of the taxes. This moderate conduct did not accord with the wishes of that class of men who court power wherever it may be placed. These sought the favour of their sovereign by prostrating every obstacle to the execution of his will; and soon transmitted complaints to administration, charging the commissioners with conniving at violations of the laws respecting trade, and countenancing ancient principles in religion and government.

Sir Edmond Andros.

James was dissatisfied with the conduct of his commissioners; and was also of opinion that a wise policy required a consolidation of the colonies, and a permanent administration for New England. With a view to this object, he appointed Sir Edmond Andros, who had governed New York, captain-general and vice-admiral of Massachusetts, New Hampshire, Maine, New Plymouth, Pemaquid, and Narraghansetts; and empowered him, with the consent of a council to be appointed by the crown, to make ordinances not inconsistent with the laws of the realm, which should be submitted to the King for his approbation or dissent; and to impose taxes for the support of government.

In December 1685, Andros arrived at Boston, where he was received with the respect which was due to the representative of the crown. In pursuance of his orders, he dissolved the government of Rhode Island, broke its seal, and assumed the administration of the colony. In the preceding year, articles of high misdemeanour had been exhibited against that colony and referred to Sayer, the attorney general, with orders to issue a writ of quo warranto to annul their patent. The assembly stopped farther proceedings, by passing an act formally surrendering their charter. Their submission, however, availed them nothing. Their fate was involved in that of Massachusetts.[107]

Odious measures of government.

In pursuance of the determination to break the charters and unite the colonies, articles of misdemeanour had been also exhibited against the governor and company of Connecticut, on which a writ of quo warranto had been issued. The government of that colony addressed a letter to the secretary of state, desiring, with many professions of loyalty, to remain in its present situation; but, if it should be the purpose of his majesty to dispose otherwise of them, submitting to his royal commands, and requesting to be annexed to Massachusetts. No farther proceedings were had on the quo warranto, and Andros was ordered to accept the submission of the colony, and annex it to Massachusetts. 1687This order was executed in October, when Andros appeared in Hartford at the head of a small corps of regular troops, demanded the charter, and declared the government to be dissolved. The colony submitted, but the charter was concealed in a tree, which was venerated long afterwards and is still in existence.[108]

The grand legislative council, composed of individuals selected by the crown throughout the united colonies, readily assembled, and proceeded to execute the duties assigned to it.

The measures of the new government were not calculated to diminish the odium excited by its objectionable form. The fees of office were enormous; and the regulations respecting divine worship, marriages, the acts of navigation, and taxes, were deemed highly oppressive. In addition to these causes of discontent, the governor general took occasion to cast a doubt on the validity of the titles by which lands were holden.

1688

To obtain relief from these oppressive grievances, Mather, an eminent politician and divine, was deputed by the colonies of New England to lay their complaints before the King. He was graciously received, but could effect no substantial change in the colonial administration. James had determined to reduce all the governments, proprietary as well as royal, to an immediate dependence on the crown; and, to effect this purpose, had directed writs of quo warranto to issue against those charters which still remained in force. This plan was adopted, not only for the purpose of establishing his favourite system of government, but also of forming a barrier to the encroachments of France, by combining the force of the colonies as far as the Delaware. During this reign, Canada was pushed south of Lake Champlain; and fortresses were erected within the immense forests which then separated that province from New York and New England. With a view to this union of force, a new commission was made out for Andros, annexing New York and the Jerseys to his government, and appointing Francis Nicholson his lieutenant.

1689

The dissatisfaction of the people continued to increase; and every act of the government, even those which were in themselves laudable, was viewed through the medium of prejudice.

At length these latent ill humours burst forth into action. Some vague intelligence was received concerning the proceedings of the Prince of Orange in England. The old magistrates and leading men silently wished, and secretly prayed, that success might attend him, but determined to commit nothing unnecessarily to hazard, and quietly to await an event, which no movement of theirs could accelerate or retard.

Andros deposed.

The people were less prudent. Stung with the recollection of past injuries, their impatience, on the first prospect of relief, could not be restrained. On the 18th of April, without any apparent pre-concerted plan, a sudden insurrection broke out in Boston, and about fifty of the most unpopular individuals, including the governors, were seized and imprisoned; and the government was once more placed in the hands of the ancient magistrates. William and Mary proclaimed.All apprehensions of danger from this precipitate measure were soon quieted by the information that William and Mary had been crowned King and Queen of England. They were immediately proclaimed in Boston with unusual pomp, and with demonstrations of proclaimed unaffected joy.[109]

The example of Massachusetts was quickly followed by Connecticut and Rhode Island. Andros was no sooner known to be in prison than he was deposed also in Connecticut; and, in both colonies the ancient form of government was restored.

In New Hampshire a convention was called, which determined to re-annex that colony to Massachusetts, and deputies were elected to represent them in the general court. This reunion continued to be their wish, but was opposed by the King, who, in 1692, appointed for it a distinct governor.

In order to bring the affairs of the middle colonies to this period, it will be necessary briefly to review the transactions of several years.

Review of proceedings in New York and New Jersey.

The treaty of Breda, which restored Acadié to France, confirmed New Netherlands to England. Quiet possession of that valuable territory was retained until 1673, when, England being engaged again in war with Holland, a small Dutch squadron appeared before the fort at New York, which surrendered without firing a shot. The example was followed by the city and country; and, in a few days, the submission of New Netherlands was complete. After this acquisition the old claim to Long Island was renewed, and some attempts were made to wrest it from Connecticut. That province however, after consulting its confederates, and finding that offensive operations would be agreeable to the union, declared war against the Dutch; and not content with defending its own possessions, prepared an expedition against New York. The termination of the war between England and Holland prevented its prosecution, and restored to the English the possessions they had lost.[110]

To remove all controversy concerning his title, which had been acquired while the granted lands were in possession of the Dutch, the duke of York, after the peace of 1674, obtained a renewal of his patent, and appointed sir Edmond Andros governor of his territories in America. This commission included New Jersey, his former grant of which he supposed to be annulled by the conquest thereof in 1673. Andros, disregarding the decision of the commissioners, claimed for the duke that part of Connecticut which lies west of the river of that name; and, during the war with Philip, endeavoured to support his claim by force. The determined resistance of Connecticut compelled him to relinquish an attempt on Saybrooke; after which he returned to New York. The taxes which had been laid by the Dutch were collected, and duties, for a limited time, were imposed, by authority of the duke. This proceeding excited great discontent. The public resentment was directed, first against the governor, whose conduct was inquired into and approved by his master, and afterwards against the collector, who was seized and sent to England; but never prosecuted. The representatives of the duke in New York, feeling the difficulty of governing a high spirited people on principles repugnant to all their settled opinions, repeatedly, but ineffectually, urged him to place the colony on the same footing with its neighbours, by creating a local legislature, one branch of which should be elected by the people. It was not until the year 1683, when the revenue laws were about to expire, when the right of the duke to re-enact them was denied in America, and doubted in England, that he could be prevailed on to appoint a new governor with instructions to convene an assembly.[111]

In 1674, lord Berkeley assigned his interest in the Jerseys to William Penn and his associates. They afterwards acquired the title of sir George Carteret also, and immediately conveyed one-half of their interest to the earl of Perth and others, who, in 1683, obtained a conveyance from the duke of York directly to themselves.

During these transactions, continual efforts were made to re-annex the Jerseys to New York. Carteret had endeavoured to participate in the advantages of commerce by establishing a port at Amboy; but Andros seized and condemned the vessels trading thither, and was supported by the duke in this exercise of power. The assembly of New York claimed the right of taxing the people of Jersey; and the collector, continued to exercise his former authority within their territory. On his complaining, after the accession of the duke of York to the throne, that every vessel he prosecuted was discharged by the verdict of the jury, a writ of quo warranto was directed. The English judges did not then hold their offices during good behaviour; and the proprietors of East Jersey, confident that the cause would be decided against them, surrendered their patent to the crown, praying only a grant of the soil. The Jerseys were, soon afterwards, annexed to New England.[112]

Dongan, who, in 1683, had succeeded Andros in the government of New York, took a deep interest in the affairs of the five nations, who had been engaged in bloody wars with Canada. The French, by establishing a settlement at Detroit, and a fort at Michilimackinack, had been enabled to extend their commerce among the numerous tribes of Indians who hunted on the banks of the great lakes, and the upper branches of the Mississippi. They excluded the people of New York from any share in this gainful commerce; in consequence of which Dongan solicited and obtained permission to aid the five nations. This order, however, was soon countermanded; and a treaty was concluded, stipulating that no assistance should be given to the savages by the English colonists; soon after which Dongan was recalled, and New York was annexed to New England.

From the accession of James to the throne, he had discontinued the assemblies of New York, and empowered the governor, with the consent of his council, to make laws "as near as might be" to those of England. The reinstatement of this arbitrary system gave general disgust, and, together with the apprehension that the Roman Catholic religion would be established, prepared the people of New York, as well as those of the other colonies, for that revolution which wrested power from hands accustomed to abuse it. On receiving intelligence of the revolution at Boston, the militia were raised by a captain Jacob Leisler, who took possession of the fort in the name of King William, and drove Nicholson, the lieutenant governor, out of the country. This event gave rise to two parties, who long divided New York, and whose mutual animosities were the source of much uneasiness and mischief to the province.[113]

Pennsylvania granted to William Penn.

William Penn having gained some knowledge of the country west of the Delaware, formed the design of acquiring that territory as a separate estate. On his petition, a charter was issued in 1681, granting to him, in absolute property, by the name of Pennsylvania, that tract of country bounded on the east by the river Delaware, extending westward five degrees of longitude, stretching to the north from twelve miles north of New Castle to the forty-third degree of latitude, and limited on the south by a circle of twelve miles, drawn round New Castle to the beginning of the fortieth degree of latitude.

In this charter, the acts of navigation were recognised, a local legislature was created, and provision made that a duplicate of its laws should be transmitted, within five years, to the King in council; any of which that were repugnant to those of England, or inconsistent with the authority of the crown, might be declared void in six months. This charter conveyed nearly the same powers and privileges with that of Maryland, but recognised the right of Parliament to tax the colony.

Penn soon commenced the settlement of the province, and immediately asserted a claim to a part of the territory which had been supposed by lord Baltimore to be within the bounds of Maryland. In this claim originated a controversy between the two proprietors, productive of considerable inconvenience and irritation to both.

He published a frame of government for Pennsylvania, the chief intention of which was declared to be "for the support of power in reverence with the people, and to secure the people from the abuse of power; that they may be free by their just obedience, and the magistrates honourable for their just administration; for liberty without obedience is confusion, and obedience without liberty is slavery."

This scheme of fundamental law contains many provisions indicating good sense and just notions of government, but was too complex for an infant settlement; and, after many fruitless attempts to amend it, was laid aside, and a more simple form was adopted, resembling in its principal features, those established in the other colonies, which remained until the proprietary government itself was dissolved.

In August 1682, Penn obtained from the duke of York a conveyance of the town of New Castle, with the territory twelve miles around it, and that tract of land extending thence southward, on the Delaware, to cape Henlopen. Soon after this grant was issued, he embarked for America, accompanied by about two thousand emigrants; and, in the October following, landed on the banks of the Delaware. In addition to the colonists sent out by himself, he found, on his arrival several small settlements of Swedes, Dutch, Finlanders, and English, amounting to about three thousand persons. Penn cultivated the good will of the natives, from whom he purchased such lands as were necessary for the present use of the colonists. Foundation of Philadelphia.At this time the foundation of Philadelphia was laid, which we are assured contained near one hundred houses within twelve months from its commencement. An assembly was convened which, instead of being composed of all the freemen, according to the frame of government, was, at the request of the people themselves, constituted of their representatives. Among the laws which were enacted was one annexing the territories lately purchased from the duke of York to the province, and extending to them all its privileges. Universal freedom in religion was established; and every foreigner who promised allegiance to the King, and obedience to the proprietor was declared a freeman.[114]

In the hope of extending his limits to the Chesapeake, Penn, soon after his arrival, met lord Baltimore for the purpose of adjusting their boundaries. The patent of that nobleman calls for the fortieth degree of north latitude, and he proposed to determine the intersection of that degree with the Delaware by actual observation. Penn, on the contrary, insisted on finding the fortieth degree by mensuration from the capes of Virginia, the true situation of which had been already ascertained. Each adhering firmly to his own proposition, the controversy was referred to the committee of plantations, who, after the crown had descended on James, decided that the peninsula between the bays of Chesapeake and Delaware, should be divided into two equal parts by a line drawn from the latitude of cape Henlopen to the fortieth degree, and adjudged that the land lying from that line towards the Delaware should belong to his majesty, and the other moiety to Lord Baltimore. This adjudication was ordered to be immediately executed.

Pennsylvania was slow in acknowledging the Prince and Princess of Orange. The government continued to be administered in the name of James for some time after his abdication was known. At length, however, William and Mary were proclaimed; and Penn had the address to efface the unfavourable impressions which this delay was calculated to make on them.