The Life of George Washington, Vol. 1 (of 5)
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{1656}
Cromwell seems not to have intended to restore the countries he had
conquered. He granted to St. Etienne, Crown and Temple, for ever, the
territory denominated Acadie, and part of the country commonly called
Nova Scotia, extending along the coast to Pentagoet, and to the river
St. George.
Until the restoration, the colonies of New England continued in a
state of unexampled prosperity. Those regulations respecting
navigation, which were rigorously enforced against others less in
favour, were dispensed with for their benefit. They maintained
external peace by the vigour and sagacity with which their government
was administered; and, improved the advantages which the times
afforded them by industry and attention to their interests. In this
period of prosperity, they acquired a degree of strength and
consistence which enabled them to struggle through the difficulties
that afterwards assailed them.
These sober industrious people were peculiarly attentive to the
instruction of youth. Education was among the first objects of their
care. In addition to private institutions, they had brought the
college at Cambridge to a state of forwardness which reflects much
credit on their character. As early as the year 1636, the general
court had bestowed four hundred pounds on a public school at Newtown,
the name by which Cambridge was then known. Two years afterwards, an
additional donation was made by the reverend Mr. John Harvard, in
consequence of which the institution received the name of Harvard
college. In 1642, this college was placed under the government of the
governor, and deputy governor, and of the magistrates, and ministers
of the six next adjacent towns, who, with the president were
incorporated for that purpose; and, in 1650, its first charter was
granted.[84]
[Footnote 84: Chalmer. Hutchison.]
It is to be lamented that the same people possessed a degree of
bigotry in religion, and a spirit of intolerance, which their
enlightened posterity will view with regret. During this period of
prosperity, the government maintained the severity of its institutions
against all those who dissented from the church; and exerted itself
assiduously in what was thought the holy work of punishing heretics,
and introducing conformity in matters of faith. In this time, the sect
denominated Quakers appeared. They were fined, imprisoned, whipped,
and, at length put to death; but could not be totally suppressed. As
enthusiastic as their persecutors, they gloried in their sufferings,
and deemed themselves the martyrs of truth.
CHAPTER V.
Transactions succeeding the restoration of Charles II....
Contests between Connecticut and New Haven.... Discontents
in Virginia.... Grant to the Duke of York.... Commissioners
appointed by the crown.... Conquest of the Dutch
settlements.... Conduct of Massachusetts to the royal
commissioners.... Their recall.... Massachusetts evades a
summons to appear before the King and council.... Settlement
of Carolina.... Form of government.... Constitution of Mr.
Locke.... Discontents in the county of Albemarle....
Invasion from Florida.... Abolition of the constitution of
Mr. Locke.... Bacon's rebellion.... His death.... Assembly
deprived of judicial power.... Discontents in Virginia....
Population of the colony.
{1660}
The restoration of Charles II. was soon known in America, and excited,
in the different colonies very different emotions. In Virginia, and in
Maryland, the intelligence was received with transport, and the King
was proclaimed amidst acclamations of unfeigned joy. In Massachusetts,
the unwelcome information was heard with doubt, and in silence.
Republicans in religion and in politics, all their affections were
engaged in favour of the revolutionary party in England, and they saw,
in the restoration of monarchy, much more to fear than to hope for
themselves. Nor were they mistaken in their forebodings.
No sooner was Charles seated on the throne, than Parliament voted a
duty of five _per centum_ on all merchandises exported from, or
imported into, any of the dominions belonging to the English crown;
and, in the course of the same session the celebrated navigation act
was re-enacted. The difficulty of carrying this system into execution
among a distant people, accustomed to the advantages of a free trade,
was foreseen; and the law directed that the governors of the several
plantations should, before entering into office, take an oath
faithfully to observe it.[85]
[Footnote 85: Chalmer. Hutchison.]
As some compensation to the colonists for these commercial restraints,
it was also enacted that no tobacco should be planted or made in
England or Ireland, Guernsey, or Jersey. These regulations confined
the trade of the colonies to England; and confined on them,
exclusively, the production of tobacco.
Charles, on ascending the throne, transmitted to Sir William Berkeley
a commission as governor of Virginia, with instructions to summon an
assembly, and to assure it of his intention to grant a general pardon
to all persons, other than those who were attainted by act of
Parliament; provided all acts passed during the rebellion, derogating
from the obedience due to the King and his government, should be
repealed.
{1661}
The assembly, which had been summoned in March 1660, in the name of
the King, though he was not then acknowledged in England, and which
had been prorogued by the governor to the following March, then
convened, and engaged in the arduous task of revising the laws of the
colony. One of the motives assigned for this revision strongly marks
the temper of the day. It is that they may "repeal and expunge all
unnecessary acts, and chiefly such as might keep in memory their
forced deviation from his majesty's obedience."[86]
[Footnote 86: Virginia Laws. Chalmer.]
This laborious work was accomplished; and, in its execution, the first
object of attention was religion. The church of England was
established by law, and provision was made for its ministers. To
preserve the purity and unity of its doctrines and discipline, those
only who had been ordained by some bishop in England, and who should
subscribe an engagement to conform to the constitution of the church
of England and the laws there established, could be inducted by the
governor: and no others were permitted to preach. The day of the
execution of Charles I. was ordered to be kept as a fast; and the
anniversaries of the birth, and of the restoration of Charles II. to
be celebrated as holy days. The duties on exports and tonnage were
rendered perpetual; the privilege of the burgesses from arrest was
established, and their number fixed; the courts of justice were
organised; and many useful laws were passed, regulating the interior
affairs of the colony.[87]
[Footnote 87: Virginia Laws. Chalmer.]
An effort was made to encourage manufactures, especially that of silk.
For each pound of that article which should be raised, a premium of
fifty pounds of tobacco was given; and every person was enjoined to
plant a number of mulberry trees proportioned to his quantity of land,
in order to furnish food for the silk worm. But the labour of the
colony had been long directed to the culture of tobacco, and Indian
corn; and new systems of culture can seldom be introduced until their
necessity becomes apparent. This attempt to multiply the objects of
labour did not succeed, and the acts on the subject were soon
repealed.
In Maryland, the legislature was also convened, and, as in Virginia,
their first employment was to manifest their satisfaction with the
restoration; after which they entered upon subjects of general
utility.
{1662}
[Sidenote: Rhode Island incorporated.]
Rhode Island, excluded from the confederacy of the other New England
colonies, and dreading danger to her independence from Massachusetts,
was well pleased at the establishment of an authority which could
overawe the strong, and protect the weak. Charles II. was immediately
proclaimed; and an agent was deputed to the court of that monarch, for
the purpose of soliciting a patent, confirming the right of the
inhabitants to the soil, and jurisdiction of the country. The object
of the mission was obtained, and the patentees were incorporated by
the name of "The governor and company of the English colony of Rhode
Island and Providence." The legislative power was vested in an
assembly to consist of the governor, deputy governor, the assistants,
and such of the freemen as should be chosen by the towns. The presence
of the governor or his deputy, and of six assistants, was required to
constitute an assembly. They were empowered to pass laws adapted to
the situation of the colony, and not repugnant to those of England.
"That part of the dominions of the crown in New England containing the
islands in Narraghansetts bay, and the countries and parts adjacent,"
was granted to the governor and company and their successors, with the
privilege to pass through, and trade with, any other English
colonies.[88]
[Footnote 88: Chalmer.]
[Sidenote: Patent to Connecticut.]
In Connecticut, the intelligence of the restoration was not attended
by any manifestation of joy or sorrow. Winthrop was deputed to attend
to the interests of the colony; and, in April, 1662, he obtained a
charter incorporating them by the name of "The governor and company of
the English colony of Connecticut in New England." The executive, as
in the other colonies of New England, consisted of a governor, deputy
governor, and assistants. The legislature was composed of the members
of the executive, and of two deputies from every town. It was
authorised to appoint annually the governor, assistants, and other
officers; to erect courts of justice, and to make such laws as might
be necessary for the colony, with the usual proviso, that they should
not be contrary to those of England. To this corporation, the King
granted that part of his dominions in New England, bounded, on the
east, by Narraghansetts bay, on the north, by the southern line of
Massachusetts, on the south, by the sea, and extending in longitude
from east to west, with the line of Massachusetts, to the south sea.
{1663}
[Sidenote: Contest between Connecticut and New Haven.]
By this charter, New Haven was, without being consulted, included in
Connecticut. The freemen of that province, dissatisfied with this
measure, determined in general meeting, "that it was not lawful to
join;" and unanimously resolved to adhere to their former association.
A committee was appointed to address the assembly of Connecticut on
this interesting subject. They insisted, not that the charter was
void, but that it did not include them.
A negotiation between the two provinces was commenced, in which the
people of New Haven maintained their right to a separate government
with inflexible perseverance, and with a considerable degree of
exasperation. They appealed to the crown from the explanation given by
Connecticut to the charter; and governor Winthrop, the agent who had
obtained that instrument, and who flattered himself with being able,
on his return, to conciliate the contending parties, deemed it
advisable to arrest all proceeding on their petition, by pledging
himself that no injury should be done to New Haven by Connecticut; and
that the incorporation of the two colonies should be effected only by
the voluntary consent of both.
The government of Connecticut, however, still persisting to assert its
jurisdiction, attempted to exercise it by claiming obedience from the
people, appointing constables in their towns, disavowing the authority
of the general court of New Haven, and protecting those who denied it.
Complaints of these proceedings were laid before the commissioners of
the united colonies, who declared that New Haven was still an integral
member of the union, and that its jurisdiction could not be infringed
without a breach of the articles of confederation.
Disregarding this decision, Connecticut pursued unremittingly, the
object of incorporation. The inhabitants of New Haven were encouraged
to refuse the payment of taxes imposed by their legislature; and, when
distress was made on the disobedient, assistance was obtained from
Hartford. These proceedings seemed only to increase the irritation on
the part of New Haven, where a deep sense of injury was entertained,
and a solemn resolution taken to break off all farther treaty on the
subject.
This state of things was entirely changed by a piece of intelligence
which gave the most serious alarm to all New England. Information was
received that the King had granted to his brother, the duke of York,
all the lands claimed by the Dutch, to which he had annexed a
considerable part of the territory over which the northern colonies
had exercised jurisdiction; and that an armament for the purpose of
taking possession of the grant might soon be expected. To this it was
added, that commissioners were to come at the same time, empowered to
settle the disputes, and to new model the governments, of the
colonies.
The commissioners of the united colonies, perceiving the necessity of
accommodating internal differences, now took a decided part in favour
of the proposed incorporation. The most intelligent inhabitants of New
Haven became converts to the same opinion; but the prejudices imbibed
by the mass of the people being still insurmountable, a vote in favour
of the union could not be obtained.
At length, after the arrival of the commissioners appointed by the
crown, and a manifestation of their opinion in favour of the
incorporation; after a long course of negotiation which terminated in
a compact establishing certain principles of equality required by the
jealousy of New Haven; the union was completed, and the
representatives of the two colonies met in the same assembly.
During the frequent changes which took place in England after the
death of Cromwell, Massachusetts preserved a cautious neutrality; and
seemed disposed to avail herself of any favourable occurrences,
without exposing herself to the resentments of that party which might
ultimately obtain the ascendancy. Although expressly ordered, she did
not proclaim Richard as lord-protector; nor did she take any step to
recognise the authority of Parliament. The first intelligence of the
restoration of Charles was received with the hesitation of men who are
unwilling to believe a fact too well supported by evidence to be
discredited; and when they were informed of it in a manner not to be
questioned, they neither proclaimed the King, nor manifested, by any
public act, their admission of his authority. This was not the only
testimony of their dissatisfaction. Whaley and Goff, two of the judges
of Charles I., came passengers in the vessel which brought this
intelligence, and were received with distinction by the government,
and with affection by the people.[89]
[Footnote 89: Chalmer. Trumbull.]
In a session of the general court, held in October, 1660, an address
to the King was moved; but reports of the yet unsettled state of the
kingdom being received, the motion did not prevail. They had seen so
many changes in the course of a few months, as to think it not
improbable that an address to the King might find the executive power
in the hands of a committee of safety, or council of state. This
uncertain state of things was not of long continuance. In November, a
ship arrived from Bristol, bringing positive advices of the joyful and
universal submission of the nation to the King, with letters from
their agent, and from others, informing them that petitions had been
presented against the colony, by those who thought themselves
aggrieved by its proceedings. The time for deliberation was passed. A
general court was convened, and a loyal address to the King was voted,
in which, with considerable ability, though in the peculiar language
of the day, they justified their whole conduct; and, without
abandoning any opinion concerning their own rights, professed
unlimited attachment to their sovereign. A similar address was made to
Parliament; and letters were written to those noblemen who were the
known friends of the colony, soliciting their interposition in its
behalf. A gracious answer being returned by the King, a day of
thanksgiving was appointed to acknowledge their gratitude to Heaven
for inclining the heart of his majesty favourably to receive and
answer their address.
Their apprehensions, however, of danger from the revolution in England
still continued. Reports prevailed that their commercial intercourse
with Virginia and the islands was to be interdicted; and that a
governor-general might be expected whose authority should extend over
all the colonies. On this occasion, the general court came to several
resolutions, respecting the rights of the people, and the obedience
due from them, which are strongly expressive of their deliberate
opinions on these interesting subjects.
It was resolved,
That the patent (under God) is the first and main foundation of the
civil polity of the colony.
That the governor and company are, by the patent, a body politic,
invested with the power to make freemen.
That the freemen have authority to choose annually a governor, deputy
governor, assistants, representatives, and all other officers.
That the government thus constituted hath full power, both legislative
and executive, for the government of all the people, whether
inhabitants or strangers, without appeals; save only in the case of
laws repugnant to those of England.
That the government is privileged by all means, even by force of arms,
to defend itself both by land and sea, against all who should attempt
injury to the plantation or its inhabitants, and that in their
opinion, any imposition prejudicial to the country, contrary to any
just law of theirs, (not repugnant to the laws of England) would be an
infringement of their rights.[90]
[Footnote 90: Hutchison. Chalmer.]
These strong and characteristic resolutions were accompanied by a
recognition of the duties to which they were bound by their
allegiance. These were declared to consist, in upholding that colony
as belonging of right to his majesty, and not to subject it to any
foreign prince; in preserving his person and dominions; and in
settling the peace and prosperity of the King and nation, by punishing
crimes, and by propagating the Gospel.[91]
[Footnote 91: Idem.]
It was, at the same time, determined that the royal warrant, which had
been received sometime before, for apprehending Whaley and Goff, ought
to be faithfully executed. These persons however were permitted to
escape to Connecticut, where they were received with every
demonstration of regard, and to remain during life in New England,
only taking care not to appear in public.
At length, in August 1661, it was determined to proclaim the King;
but, as if unable to conceal the reluctance with which this step was
taken, an order was made, on the same day, prohibiting all disorderly
behaviour on the occasion, and, in particular, directing that no man
should presume to drink his majesty's health, "which," adds the order,
"he hath in a special manner forbid."
Farther intelligence being received from England of the increasing
complaints against the government of Massachusetts, agents were
deputed with instructions to represent the colonists as loyal and
obedient subjects, to remove any ill impressions that had been made
against them, and to learn the disposition of his majesty toward them;
but to do nothing which might prejudice their charter.
The agents, who engaged reluctantly in a service from which they
rightly augured to themselves censure rather than approbation, were
received more favourably than had been expected. They soon returned
with a letter from the King, confirming their charter, and containing
a pardon for all treasons committed during the late troubles, with the
exception of those only who were attainted by act of Parliament. But
the royal missive also required that the general court should review
its ordinances, and repeal such of them as were repugnant to the
authority of the crown; that the oath of allegiance should be taken by
every person; that justice should be administered in the King's name;
that all who desired it, should be permitted to use the book of common
prayer, and to perform their devotions according to the ceremonials of
the church of England; and that freeholders of competent estates, not
vicious, should be allowed to vote in the election of officers, though
they were of different persuasions in church government.[92]
[Footnote 92: Hutchison. Chalmer.]
These requisitions gave much disquiet; and that alone seems ever to
have been complied with which directed judicial proceedings to be
carried on in the name of the King. The agents on their return were
ill received by the people; and were considered as having sacrificed
the interests of their country, because, with the agreeable, were
mingled some bitter though unavoidable ingredients.
During these transactions, the Parliament of England proceeded to
complete its system of confining the trade of the colonies to the
mother country. It was enacted that no commodity of the growth or
manufacture of Europe, shall be imported into the settlements of
England, in Asia, Africa, or America, but such as shall be shipped in
England, and proceed directly in English bottoms, navigated by
Englishmen. Salt for the fisheries, wine from Madeira and the Azores;
and servants, horses, and victuals, from Scotland and Ireland, were
excepted from this general rule.
To counterbalance these restrictions, duties were imposed on salted
and dried fish caught or imported by other vessels than those
belonging to subjects of the crown; and additional regulations were
made for enforcing the prohibition of the culture of tobacco in
England.
These commercial restrictions were the never failing source of
discontent and controversy between the mother country and her
colonies. Even in those of the south, where similar restraints had
been enforced by Cromwell, they were executed imperfectly; but, in New
England, where the governors were elected by the people, they appear
to have been, for some time, entirely disregarded.[93]
[Footnote 93: Hutchison. Chalmer.]
[Sidenote: Discontents in Virginia.]
The good humour which prevailed in Virginia on the restoration of
Charles to the throne, was not of long duration. The restraints on
commerce, and the continually decreasing price of tobacco, soon
excited considerable discontents. The legislature endeavoured, by
prohibiting its culture for a limited time, to raise its value; but,
Maryland refusing to concur in the measure, the attempt was
unsuccessful. Other legislative remedies were applied with as little
advantage. Acts were passed suspending all proceedings in the courts
of law, except for goods imported; giving to country creditors
priority in payment of debts; and to contracts made within the colony,
precedence in all courts of justice. Such expedients as these have
never removed the discontents which produced them.
{1664}
[Sidenote: Grant to the duke of York.]
The English government seems, at all times, to have questioned the
right of the Dutch to their settlements in America; and never to have
formally relinquished its claim to that territory. Charles now
determined to assert it; and granted to his brother the duke of York
"all that part of the main land of New England, beginning at a certain
place called and known by the name of St. Croix, next adjoining to New
England in America, and from thence extending along the sea coast unto
a certain place called Pemaquie, or Pemaquid, and so up the river
thereof to the farthest Head of the same, as it tendeth northward; and
extending from thence to the river Kernbequin, and so upwards by the
shortest course to the river Canada northward; and also all that
island or islands commonly called by the general name or names of
Meitowax, or Long Island, situate and being towards the west of Cape
Cod, and the narrow Highgansetts, abutting upon the main land between
the two rivers there called and known by the several names of
Connecticut and Hudson's river, and all the land from the west side of
Connecticut river to the east side of Delaware bay, and also all those
several islands called or known by the names of Martha's Vineyard or
Nantucks, otherwise Nantucket."
[Sidenote: Commissioners appointed by the Crown.]
To reduce this country, part of which was then in the peaceable
possession of the Dutch, colonel Nichols was dispatched with four
frigates, carrying three hundred soldiers. In the same ships, came
four commissioners, of whom colonel Nichols was one, "empowered to
hear and determine complaints and appeals in causes, as well military
as civil and criminal, within New England; and to proceed in all
things for settling the peace and security of the country."
Intelligence of this deputation preceded its arrival, and the
preparation made for its reception, evidences the disposition then
prevailing in Massachusetts. A committee was appointed to repair on
board the ships as soon as they should appear, and to communicate to
their commanders the desire of the local government that the inferior
officers and soldiers should be ordered, when they came on shore to
refresh themselves, "at no time to exceed a convenient number, to come
unarmed, to observe an orderly conduct, and to give no offence to the
people and laws of the country." As if to manifest in a still more
solemn manner their hostility, to the objects of the commissioners, a
day of fasting and prayer was appointed to implore the mercy of God
under their many distractions and troubles.[94]