The Life of George Washington, Vol. 1 (of 5)
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{1707}
{1708}
[Sidenote: Legislature continues itself.]
Lord Granville, the palatine, a bigoted churchman, under whose
influence violent measures had been taken for the establishment of
religious conformity in Carolina, died in the year 1707. He was
succeeded by lord Craven, who, though of the same religious tenets,
supported them with moderation. His disposition to indulge, and
thereby mollify, the dissenters, was considered by the zealots of the
established church, as endangering religion; and the legislature,
which was elected under the influence of the late palatine, and of his
governor, dreading a change in the administration, adopted the
extraordinary measure of continuing itself "for two years, and for the
time and term of eighteen months after the change of government,
whether by the death of the present governor, or the succession of
another in his time."[126] Thus adding one other humiliating proof to
those which perpetually occur, that principles are deplorably weak,
when opposed by the passions.
[Footnote 126: Chalmer.]
{1712}
[Sidenote: Massacre in North Carolina by the Indians.]
In the year 1712, the Indians in North Carolina, alarmed, as their
countrymen had been in the other colonies, by the increasing
population and regular encroachments of the whites, formed with their
accustomed secrecy, the plan of exterminating in one night these
formidable neighbours. No indication of their design was given until
they broke into the houses of the planters. The slaughter on Roanoke
was immense. In that settlement alone, one hundred and thirty-seven
persons were murdered. A few escaped by concealing themselves in the
woods, who, the next day, gave the alarm. The remaining whites were
collected together in a place of safety, and guarded by the militia
until assistance could be received from South Carolina.
[Sidenote: Indians defeated.]
This was prompt and effectual. The assembly at Charleston voted four
thousand pounds for the service; and colonel Barnwell was detached
with six hundred militia, and three hundred and sixty Indians, to the
relief of the afflicted North Carolinians. With the utmost celerity he
passed through the difficult and dangerous wilderness which then
separated the northern from the southern settlements; and, attacking
the savages with unexpected fury, killed three hundred of them, and
made one hundred prisoners. The survivors retreated to the Tuscorora
town, and took refuge within a wooden breast-work, in which they were
surrounded by the whites.
After sustaining considerable loss, they sued for peace and obtained
it; but soon afterwards abandoned their country, and united themselves
with the Iroquois, or Five nations.
The expense of this expedition greatly transcended the scanty means of
South Carolina. To supply the exigencies of government, and to promote
the convenience of commerce, the legislature determined to issue
forty-eight thousand pounds in bills of credit, to be denominated bank
bills. This money was to be lent out, at interest, on security, and to
be redeemed gradually by the annual payment of one-twelfth part of the
sum loaned. The bills were made a legal tender; and the creditor who
should refuse them, lost his debt.
After the emission of these bills, exchange rose, the first year, to
one hundred and fifty, and in the second to two hundred per centum,
above par. The effect of this depreciation, and of the tender laws
which accompanied it, on creditors, and on morals, was obvious and
certain.
CHAPTER VIII.
Proceedings of the legislature of Massachusetts....
Intrigues of the French among the Indians.... War with the
savages.... Peace.... Controversy with the governor....
Decided in England.... Contests concerning the governor's
salary.... The assembly adjourned to Salem.... Contest
concerning the salary terminated.... Great depreciation of
the paper currency.... Scheme of a land bank.... Company
dissolved by act of Parliament.... Governor Shirley
arrives.... Review of transactions in New York.
{1714}
The heavy expenses of Massachusetts during the late war had produced
such large emissions of paper money, that a considerable depreciation
took place, and specie disappeared. The consequent rise of exchange,
instead of being attributed to its true cause, was ascribed to the
decay of trade.
The colony, having now leisure for its domestic concerns, turned its
attention to this interesting subject.
[Sidenote: Affairs of Massachusetts.]
Three parties were formed. The first, a small one, actuated by the
principle that "honesty is the best policy," was in favour of calling
in the paper money, and relying on the industry of the people, to
replace it with a circulating medium of greater stability.
The second proposed a private bank, which was to issue bills of
credit, to be received by all the members of the company, but at no
certain value compared with gold and silver. It was not intended to
deposit specie in the bank for the redemption of its notes as they
might be offered; but to pledge real estates as security that the
company would perform its engagements.
The third party was in favour of a loan of bills from the government,
to any of the inhabitants who would mortgage real estate to secure
their re-payment in a specified term of years; the interest to be paid
annually, and applied to the support of government.
The first party, perceiving its numerical weakness, joined the third;
and the whole province was divided between a public and private bank.
At length, the party for the public bank prevailed in the general
court, and fifty thousand pounds were issued and placed in the hands
of trustees; to be lent for five years, at an interest of five _per
centum per annum_, one-fifth part of the principal to be paid
annually.
{1716}
This scheme failing to improve the commerce of the colony, governor
Shute, who had succeeded Dudley, reminded the assembly of the bad
state of trade, which he ascribed to the scarcity of money; and
recommended the consideration of some effectual measures to supply
this want. The result of this recommendation was a second loan of one
hundred thousand pounds for ten years, to be placed in the hands of
commissioners in each county, in proportion to its taxes. The whole
currency soon depreciated to such a degree, that the entire sum in
circulation did not represent more real value, than was represented by
that which was circulating before the emission. The governor had now
sufficient leisure, and the general court furnished him with
sufficient motives, to reflect on the policy he had recommended. An
attempt to raise his salary as money depreciated, did not succeed, and
only the usual nominal sum was voted for his support.
{1719}
In Massachusetts, peace abroad was the signal for dissension at home.
Independent in her opinions and habits, she had been accustomed to
consider herself rather as a sister kingdom, acknowledging one common
sovereign with England, than as a colony. The election of all the
branches of the legislature, a principle common to New England,
contributed, especially while the mother country was occupied with her
own internal divisions, to nourish these opinions and habits. Although
the new charter of Massachusetts modified the independence of that
colony, by vesting the appointment of the governor in the crown, yet
the course of thinking which had prevailed from the settlement of the
country, had gained too much strength to be immediately changed; and
Massachusetts sought, by private influence over her chief magistrate,
to compensate herself for the loss of his appointment. With this view,
it had become usual for the general court to testify its satisfaction
with his conduct by presents; and this measure was also adopted in
other colonies.
Apprehending that this practice might dispose the governors to
conciliate the legislatures at the expense of their duty to the crown,
the Queen had given peremptory orders to receive no more gifts; and to
obtain acts fixing their salaries permanently at a sum named by
herself. The mandate respecting presents was, of course, obeyed; and
some of the colonies complied with the requisition respecting the
salary; but in Massachusetts and New York, it was steadily resisted.
{1720}
A controlling power over salaries was a source of influence which was
pertinaciously maintained; and its efficacy was tried in all the
conflicts between Massachusetts and her governor. Almost every
important measure brought before the legislature, was productive of
contests between these departments. They disagreed, not only on the
policy of particular acts, but on the limits of their power. The
governor claimed the right of negativing the speaker chosen by the
representatives, which was denied by them; and, each party persisting
in its pretensions, the assembly was dissolved, and new elections took
place. The same members being generally re-chosen, the house of
representatives assembled with increased irritation, and passed some
angry resolutions respecting its dissolution. The governor, in turn,
charged the house with encroachments on the power of the executive;
among other instances of which, he mentioned certain resolutions
passed on the commencement of hostilities by the Indians, which were
deemed equivalent to a declaration of war, and had therefore been
rejected.
{1721}
Disagreements were multiplied between them. Paper money and trade were
inexhaustible sources of discontent. New elections produced no change
of temper. After war was formally declared against the Indians, the
house endeavoured to exercise executive powers in its prosecution;
and, the council not concurring with them, the representatives
attempted, in one instance, to act alone.
The measures recommended by the governor to successive assemblies,
were disregarded; irritating resolves were adopted and reiterated; and
a course of angry crimination and recrimination took place between
them in the progress of which the governor's salary was reduced in its
nominal as well as real amount; and the sum granted, instead of being
voted, as had been usual, at the commencement of the session, was
reserved to its close.
{1722}
In the midst of these contests, governor Shute, who had privately
solicited and obtained leave to return to England, suddenly embarked
on board the Sea Horse man of war, leaving the controversy concerning
the extent of the executive power, to devolve on the lieutenant
governor.[127]
[Footnote 127: Hutchison.]
The house of representatives persisted in asserting its control over
objects which had been deemed within the province of the executive;
but its resolutions were generally negatived by the council. This
produced some altercation between the two branches of the legislature;
but they at length united in the passage of a resolution desiring
their agent in England to take the best measures for protecting the
interests of the colony, which were believed to be in danger from the
representations of governor Shute.
[Sidenote: Intrigues of the French with the Indians.]
During these contests in the interior, the frontiers had suffered
severely from the depredations of the Indians. The French had acquired
great influence over all the eastern tribes. Jesuit missionaries
generally resided among them, who obtained a great ascendancy in their
councils. After the cession of Nova Scotia to Great Britain, father
Rahle, a missionary residing among the savages of that province
exerted successfully all his address to excite their jealousies and
resentments against the English. By his acts, and those of other
missionaries, all the eastern Indians, as well as those of Canada,
were combined against New England. They made incursions into
Massachusetts, in consequence of which, some troops were detached to
the village in which Rahle resided, for the purpose of seizing his
person. He received intimation of their approach in time to make his
escape; but they secured his papers, among which were some showing
that in exciting the savages to war against the English colonists, he
had acted under the authority of the governor of Canada, who had
secretly promised to supply them with arms and ammunition.
{1726}
[Sidenote: Peace.]
Envoys were deputed with a remonstrance against conduct so
incompatible with the state of peace then subsisting between France
and England. The governor received this embassy politely, and, at
first, denied any interference in the quarrel, alleging that the
Indians were independent nations who made war and peace without being
controlled by him. On being shown his letters to Rahle, he changed his
language, and gave assurances of his future good offices in effecting
a peace. On the faith of these assurances, conferences were held with
some Indian chiefs then in Canada; several captives were ransomed;
and, soon after the return of the commissioners to New England, the
war was terminated by a treaty of peace signed at Boston.[128]
[Footnote 128: Hutchison. Belknap.]
[Sidenote: Decision against the house on the controversy with the
governor.]
[Sidenote: New Charter.]
Meanwhile the complaints of governor Shute against the house of
representatives were heard in England. Every question was decided
against the house. In most of them, the existing charter was deemed
sufficiently explicit; but, on two points, it was thought advisable to
have explanatory articles. These were, the right of the governor to
negative the appointment of the speaker, and the right of the house on
the subject of the adjournment. An explanatory charter therefore
affirming the power claimed by the governor to negative a speaker, and
denying to the house of representatives the right of adjourning itself
for a longer time than two days. This charter was submitted to the
general court, to be accepted or refused; but it was accompanied with
the intimation that, in the event of its being refused, the whole
controversy between the governor and house of representatives would be
laid before Parliament. The conduct of the representatives had been so
generally condemned in England, as to excite fears that an act to
vacate the charter would be the consequence of a parliamentary
inquiry. The temper of the house too had undergone a change. The
violence and irritation which marked its proceedings in the contest
with governor Shute had subsided; and a majority determined to accept
the new charter.
{1727}
The trade of the province still languished, and complaints of the
scarcity of money were as loud as when only specie was in circulation.
To remedy these evils, a bill for emitting a farther sum in paper
passed both houses, but was rejected by the lieutenant governor, as
being inconsistent with his instructions. The house of
representatives, thereupon, postponed the consideration of salaries
till the next session. The assembly was then adjourned at its own
request, and, after a recess of a fortnight, was again convened. As an
expedient to elude the instructions to the governor which interdicted
his assent to any act for issuing bills of credit, except for charges
of government, a bill passed with the title of "an act for raising and
settling a public revenue for and towards defraying the necessary
charges of government, by an emission of sixty thousand pounds in
bills of credit." This bill providing for the payment of the salaries
to which several members of the council were entitled, passed that
house also; and the lieutenant governor gave a reluctant assent to it.
Its passage into a law furnishes strong evidence of the influence
which the control over salaries gave to the house of representatives.
{1728}
[Sidenote: Contest respecting salary.]
Mr. Burnet, who had been appointed governor of Massachusetts and New
Hampshire, was received with great pomp in Boston. At the first
meeting of the assembly, he stated the King's instructions to insist
on an established salary, and his intention firmly to adhere to them.
The assembly was not less firm in its determination to resist this
demand; and, that no additional and unnecessary obloquy might be
encountered, resolved, not to mingle any difference concerning the
amount of the salary, with the great question of its depending on the
will of the legislature. As soon therefore as the compliments usual on
the arrival of a governor had passed, the house voted one thousand
seven hundred pounds towards his support, and to defray the charges of
his journey. This vote was understood to give him, as a present
salary, a sum equal to one thousand pounds sterling per annum. The
governor declared his inability to assent to this bill, it being
inconsistent with his instructions. After a week's deliberation, the
assembly granted three hundred pounds for the expenses of his journey,
which he accepted; and, in a distinct vote, the farther sum of one
thousand four hundred pounds was granted toward his support. The
latter vote was accompanied with a joint message from both houses,
wherein they asserted their undoubted right as Englishmen, and their
privilege by the charter, to raise and apply money for the support of
government; and their willingness to give the governor an ample and
honourable support; but they apprehended it would be most for his
majesty's service to do so without establishing a fixed salary. The
governor returned an answer on the same day, in which he said, that,
if they really intended to give him an ample and honourable support,
they could have no just objection to making their purpose effectual by
fixing his salary; for he would never accept a grant of the kind then
offered.
The council was disposed to avoid the contest, and to grant a salary
to the present governor for a certain time; but the house of
representatives, remaining firm to its purpose, sent a message to the
governor requesting that the court might rise. He answered, that a
compliance with this request would put it out of the power of the
legislature to pay immediate regard to the King's instructions; and he
would not grant a recess, until the business of the session should be
finished. The representatives then declared that, "in faithfulness to
the people, they could not come into an act for establishing a salary
on the governor or commander in chief for the time being," and,
therefore, renewed their request that the court might rise.
Both the governor and the house of representatives seem, thus far, to
have made their declarations with some reserve. A salary during his
own administration might, perhaps, have satisfied him, though he
demanded that one should be settled, generally, on the commander in
chief for the time being; and the house had not yet declared against
settling a salary on him for a limited time. Each desired that the
other should make some concession. Both declined; both were irritated
by long altercation; and, at length, instead of mutually advancing
fixed at the opposite extremes. After several ineffectual efforts on
each side, the representatives sent a message to the governor, stating
at large the motives which induced the resolution they had formed. The
governor returned a prompt answer, in which he also detailed the
reasons in support of the demand he had made. These two papers,
manifesting the principles and objects of both parties, deserve
attention even at this period.
The house, not long after receiving this message, far from making any
advances towards a compliance with his request, came to two
resolutions strongly expressive of its determination not to recede
from the ground which had been taken.
These resolutions gave the first indication, on the part of the
representatives, of a fixed purpose to make no advance towards a
compromise. They induced the governor to remind the court of the
danger to which the proceedings of that body might expose the charter.
This caution did not deter the house from preparing, and transmitting
to the several towns of the province a statement of the controversy,
which concludes with saying, "we dare neither come into a fixed salary
on the governor for ever, nor for a limited time, for the following
reasons:
First, Because it is an untrodden path which neither we, nor our
predecessors have gone in, and we cannot certainly foresee the many
dangers that may be in it, nor can we depart from that way which has
been found safe and comfortable.
Secondly, Because it is the undoubted right of all Englishmen, by
_magna charta_, to raise and dispose of money for the public service,
of their own free accord, without compulsion.
Thirdly, Because it must necessarily lessen the dignity and freedom of
the house of representatives, in making acts, and raising and applying
taxes, &c. and, consequently, cannot be thought a proper method to
preserve that balance in the three branches of the legislature, which
seems necessary to form, maintain, and uphold, the constitution.
Fourthly, Because the charter fully empowers the general assembly to
make such laws and orders as they shall judge for the good and welfare
of the inhabitants; and if they, or any part of them, judge this not
to be for their good, they neither ought nor could come into it, for,
as to act beyond or without the powers granted in the charter might
justly incur the King's displeasure, so not to act up and agreeable to
those powers, might justly be deemed a betraying of the rights and
privileges therein granted; and if they should give up this right,
they would open a door to many other inconveniences."
Many messages passed in quick succession between the governor and the
house, in the course of which the arguments stated in the papers which
have been mentioned, were enlarged and diversified. At length, the
house repeated its request for an adjournment; but the governor
replied that "unless his majesty's pleasure had due weight with them,
their desires would have very little with him."
The council now interposed with a resolution declaring "that it is
expedient for the court to ascertain a sum as a salary for his
excellency's support, as also the term of time for its continuance."
This resolution was transmitted to the house of representatives, and
immediately rejected.
After much controversy, a small seeming advance towards an
accommodation was made. Instead of voting a salary, as had been usual,
for half a year, a grant was made to the governor of three thousand
pounds, equal to one thousand pounds sterling, to enable him to manage
the affairs of the province. This was generally understood to be a
salary for a year. The governor having withheld his assent from this
vote, the house entreated him to accept the grant; and added "we
cannot doubt but that succeeding assemblies, according to the ability
of the province, will be very ready to grant as ample a support; and
if they should not, your excellency will then have an opportunity of
showing your resentment." The governor however persisted to withhold
his assent from the vote.
[Sidenote: Adjournment of the Assembly to Salem.]
The colony generally, and especially Boston, was opposed to a
compliance with the instructions of the crown. At a general meeting of
the inhabitants, the town passed a vote, purporting to be unanimous
against fixing a salary on the governor. In consequence of this vote,
and of an opinion that the members of the house were influenced by the
inhabitants of the town, the governor determined to change the place
at which the court should hold its session; and on the 24th of
October, adjourned it to the 30th then to meet at Salem, in the
country of Essex.
Change of place did not change the temper of the house. This was not,
as in the contests with governor Shute, an angry altercation, into
which the representatives were precipitated by a restless and
encroaching temper, but a solemn and deliberate stand, made in defence
of a right believed to be unquestionable, and of a principle deemed
essential to the welfare of the colony. The ground taken was
considered well, and maintained with firmness. Votes and messages of
the same tenor with those which had been often repeated, continued to
pass between the representatives and the governor, until the subject
was entirely exhausted. Each party being determined to adhere to its
principles, the house met and adjourned daily, without entering on
business.
In the mean time, the governor received no salary. To the members of
Boston, who had not been accustomed to the expense of attending the
legislature at a distant place, a compensation, above their ordinary
wages, was made by that town.
The house, firmly persuaded of the propriety of its conduct, prepared
a memorial to the King praying a change in the royal instructions to
the governor. Agents were appointed to represent the general court in
England, and a vote was passed for defraying the expenses attendant on
the business. The council refused to concur in this vote, because the
agents had been appointed by the house of representatives singly; and
the measure must have been abandoned for want of money, had not the
inhabitants of Boston raised the sum required, by subscription.