 Chapter 5 of the Life of Washington, Volume 1 by John Marshall. This LibriVox recording is in the public domain. Chapter 5, 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 and 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 favor 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. He voted a duty of five percent on all merchandisers 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 reenacted. 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. 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 Barkley, a commission as governor of Virginia, with instructions to summon an assembly and to assure of his intention to grant a general pardon to all persons other than those who were tainted by active 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 pro-roared 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, as in chiefly such as might keep in memory their forced deviation from his majesty's obedience. 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 a some bishop in England and who should subscribe and 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 organized and many useful laws were passed regulating the interior affairs of the colony. An effort was made to encourage manufacturers, especially that of silk, for each pound of that article which should be raised, a premium of 50 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 silkworms. But the labor 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 labor did not succeed and the acts on that 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 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 overall 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 assistance 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 Narragansetts 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. 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 assistance. The legislature was composed of the members of the executive and of two deputies from every town. It was authorized to appoint annually the governor, assistance 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 Narragansetts 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 contest between Connecticut and New Haven by this charter New Haven was without being consulted included in Connecticut. The Freeman 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 father 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 favor 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 favor 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 favor 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 favorable 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 recognize 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. 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 favorably 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 free men. That the free men have authority to choose annually a governor deputy governor assistance representatives and all other officers. That the government thus constituted at 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. These strong and characteristic resolutions were accompanied by 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 and then preserving his person and dominions and then settling the peace and prosperity of the king and nation by punishing crimes and by propagating the gospel. It was at the same time determined that the royal warrant which had been received sometime before for apprehending William golf ought to be faithfully executed. These persons however were permitted to escape to Connecticut where they were received with every demonstration of regard and 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 behavior on the occasion and in particular directing that no man should presume to drink His Majesty's health which as the order he hath in a special manner forbid. Father 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 have 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 favorably 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 active parliament. But the royal admissive 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 but all who desired it should be permitted to use the Book of Common Prayer and to perform their devotions according to the ceremonies 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. 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 English men. Salt for the fisheries, wine from Madeira and the Azores and servants, horses and vitals from Scotland and Ireland were accepted from this general rule. To counterbalance these restrictions duties were imposed on salted and dried fish caught or imported by other vessels and 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 appeared to have been for some time entirely disregarded. Discontents in Virginia. The good humor 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 endeavored by prohibiting its culture for a limited time to raise this value. The 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 precedents in all courts of justice. Such expedience as these have never removed the discontents which produced them. 1664 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 mainland of New England beginning at a certain place called and known by the name of Saint Croix. Next adjoining to New England in America and from thence extending along the sea coast and to a certain place called Pema key or Pema quid. And so up the river there up to the farthest side of the same as it 10th northward and extending from thence to the river Kernbeck win 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 mitre wax or Long Island situate and being towards the west of Cape Cod and the narrow high ganzits abutting upon the main land between the two rivers they're 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 although several islands called or known by the names of Martha's Vineyard or Nantuck's otherwise Nantucket 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 300 soldiers in the same ships came for commissioners of whom Colonel Nichols was one empowered to hear and determine complaints and appeals and causes as well military as civil and criminal within New England. Interproceed in all things for setting 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 and orderly conduct and to give no offense to the people and laws of the country as if to manifest in a still more solid 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. The commissioners arrived in July and their commission was immediately laid before the council with a letter from the King requiring prompt assistance for the expedition against New Netherlands. The general court which was immediately convened after having first resolved that they would bear faith and true allegiance to His Majesty and adhere to their patents so dearly obtained and so long enjoyed by undoubted right in the sight of God and man determined to raise 200 men for the expedition. In the meantime, Colonel Nichols proceeded to Manhattan's the auxiliary force raised by Massachusetts was rendered unnecessary by the capitulation of New Amsterdam which was soon followed by the surrender of the whole province conquest of the Dutch colony. The year after Captain Argyll had subdued Manhattan's the garrison having obtained a reinforcement from Holland returned to their ancient allegiance. In 1621 the state general made a grant of the country to the West India Company who erected a fort called Good Hope on Connecticut which they denominated Fresh River and another called Nassau on the east side of Delaware Bay. The fort on Connecticut River however did not protect that frontier against the people of New England who continued to extend their settlements towards the south. The Dutch remonstrated in vain against these encroachments and were under the necessity of receding as their more powerful neighbors advanced until the eastern part of Long Island and the country within a few miles of Hudson were relinquished. Father South the Dutch had built Fort Casimir, now New Castle on the Delaware. This fort was taken from them by the Swedes who claimed the western shore of that river but was retaken by the Dutch who at the same time conquered Christina and received the submission of a few Swedes who were scattered on the margin of the river. They also made a settlement at Cape Henlopen which attracted the attention of Lord Baltimore who sent a commission to New Castle ordering the Dutch governor to remove beyond the 40th degree of north latitude to which his lordships claim extended. This mandate however was not obeyed. On the appearance of Colonel Nichols before new Amsterdam Stuyvesant the governor was disposed to defend the place but the inhabitants feeling no inclination for the contest took part with their invaders. And Stuyvesant was compelled to sign a capitulation by which he surrendered the town to the English stipulating for the inhabitants their property and the rights of free denizens. New Amsterdam took the name of New York and the island of Manhattan's that of York Island. Hudson's and that south or Delaware River were still to be reduced. Carteret commanded the expedition against Fort Orange up Hudson's River which surrendered on the 24th of September and received the name of Albany. While at that place he formed a league with the five nations which proved eminently useful to the views of the English in America. The command of the expedition against the settlement on the Delaware was given to Sir Robert Carr who completed the conquest of that country. Best at England acquire all that fine country lying between her southern and northern colonies in acquisition deriving not less importance from its situation than from its extent and fertility. Nichols took possession of the conquered territory but was compelled to surrender a part of it to Carteret. Soon after the patent to the Duke of York and before the conquest of New Netherlands that Prince had granted to Lord Barkley and Sir George Carteret all that tract of land adjacent to New England to the westward of Long Island bounded on the east, south and west by the river Hudson, the sea and the Delaware and on the north by 41 degrees and 40 minutes north latitude. This country was denominated New Jersey. The conquest of New Netherlands being achieved the commissioners entered on the other duties assigned them. A great part of Connecticut had been included in the patent to the Duke of York and a controversy concerning limits arose between that colony and New York. In December their boundaries were adjusted by the commissioners in a manner which appears to have been satisfactory to all parties. Implement and in Rhode Island the commissioners found no difficulty in the full exercise of the powers committed to them. In Massachusetts they were considered as men clothed with an authority subversive of the liberties of the colony which the sovereign could not rightly confer. The people of that province had been long in habits of self-government and seemed to have entertained opinions which justified their practice. They did not acknowledge that allegiance to the crown which is due from English subjects residing within the realm but considered themselves as purchasers from independent sovereigns of the territory which they occupied and as owing to England only that voluntary subjection which was created and defined by their charter. They considered this instrument as a compact between the mother country and themselves and as enumerating all the cases in which obedience was due from them. In this spirit they agreed soon after the arrival of the commissioners on an address to the crown. This address in which they expressed great apprehension of danger to their rights from the extraordinary powers granted to men not appointed in conformity with their charter is drawn up in a style of much earnestness and sincerity and concludes with these remarkable words. Let our government live, our patent live, our magistrates live, our religious and joyous lives so shall we all yet have farther cause to say from our hearts let the king live forever. This address was accompanied with letters to many of the nobility supposed to possess influence at court preying their intercession in behalf of the colony but neither the address nor the letters were favorably received. 1665 conduct of Massachusetts to the royal commissioners. In April the commissioners arrived at Boston and their communications with the general court commenced. The suspicions which these two bodies entertained of each other opposed great obstacles to any cordial cooperation between them. The papers on the part of the commissioners display high ideas of their own authority as the representatives of the crown and a preconceived opinion that there was a disposition in the government to resist that authority. Those on the part of the general court manifest a wish to avoid a contest with the crown and a desire to gratify his majesty so far as professions of loyalty and submission could gratify him but they manifest also a conviction of having done nothing improper and a steadfast determination to make no concession incompatible with their rights. With these impressions the correspondence soon became an altercation. The commissioners finding their object was to be obtained neither by reasoning nor by threats attempted a practical assertion of their powers by summoning the parties before them in order to hear and decide to complain against the governor and company. The general court with a decision which marked alike their vigor and the high value they placed on their privileges announced by sound of trumpet their disapprobation of this proceeding which they termed inconsistent with the laws and established authority and declared that in observance of their duty to God and to his majesty never trust reposed in them by his majesty's good subjects in the colony they could not consent to such proceedings nor countenance those who would so act or such as would abet them. As a ground of compromise the court stated their willingness to hear the case themselves in the presence of the commissioners who would thereby be enabled to understand its merits but this proposition was at once rejected in every effort towards reconciliation proved unavailable. From Massachusetts the commissioners proceeded to New Hampshire in Maine. They decided in favor of the claims of Mason and Gorgas and erected a royal government in each province appointed justices of the peace and exercised other acts of sovereignty after which they returned to Boston. The general court declaring that their proceedings to the east were attended to the disturbance of the public peace asked a conference on the subject which was refused with a bitterness of expression that put an end to all farther communication between the parties. Massachusetts soon afterwards reestablished her authority both in New Hampshire and Maine. They are recalled. Charles and being informed of these transactions recalled his commissioners and ordered the general court to send agents to England to answer the complaints made against its proceedings. The court having more than once experienced the benefits of procrastination affected at first to disbelieve the authenticity of the letter and afterwards excused themselves from sending agents by saying that the ablest among them could not support their cause better than had already been done. During these transactions in the north new colonies were forming in the south. In the year 1663 that tract of country extending from the 36 degree of north latitude to the river sat in the tail was made a province by the name of Carolina and granted to Lord Clarendon the Duke of Albemarle Lord Craven Lord Barkley and Lord Ashley Sir George Carter at Sir John Colleton and Sir William Barkley in absolute property forever. This charter bears a strong resemblance to that of Maryland and was probably copied from it. Settlement of Carolina, the proprietors took immediate measures for settlement. The settlement of their colony, its constitution consisted of a governor to be chosen by themselves from 13 persons nominated by the colonists and an assembly to be composed of the governor, council and representatives of the people who should have power to make laws not contrary to those of England which were to remain in force until the descent of the proprietors should be published. Perfect freedom and religion was promised and as an inducement to emigration 100 acres of land at the price of a half penny for each acre were allowed for every free man and 50 for every servant who should within the space of five years be settled in the province. A small settlement had been made on Albemarle Sound by some emigrants from Virginia, the superintendents of which had been conferred by the proprietors on Sir William Barkley, then governor of that colony with instructions to visit it to appoint a governor and council of six persons for the management of its affairs and to grant lands to the inhabitants on the same terms that those in Virginia might be obtained. The attention of the proprietors was next turned to the country south of Cape Fear, which as far as the river San Mateo was erected into a county by the name of Clarendon, considerable numbers from Barbados emigrated into it, one of whom Mr. John Eamons was appointed commander-in-chief and in 1665 a separate government was erected in it, similar to that in Albemarle. The proprietors having discovered some valuable lands, not comprehended in their original patterns, obtained a new charter which bestowed them then a more extensive territory. This charter grants that province within the king's dominions in America extending north, eastward to Cara, Tuck, Inlet, thence in a straight line to Wyonok, which lies under 36 degrees, 30 minutes north latitude, south, westward to the 29th degree of north latitude, and from the Atlantic Ocean to the south sea. Powers of government and privileges analogous to those comprised in other colonial charters were also contained in this. 1667, the people of Albemarle, employed like those of Virginia in the cultivation of corn and tobacco, received their scanty supplies principally from New England and carried on their small commerce in the vessels of those colonies. Their progress was slow but they were contented. A new constitution was given them by which the executive power was placed in a governor to act by the advice of a council of twelve, six of whom were to be chosen by himself, and the others by the assembly which was composed of a governor, the council and twelve delegates to be elected annually by the freeholders. Perfect freedom and religion was established and all were entitled to equal privileges on taking the oaths of allegiance to the king and the fidelity to the proprietors. The first acts of this legislature indicate the condition and opinions of the people. It was declared that none should be sued during five years for any cause of action arising out of the country and that no person should accept the power of attorney to receive debts contracted abroad. 1669, Constitution of Mr. Locke, the proprietors dissatisfied with their own systems applied to Mr. Locke for the plan of a constitution. They suppose that this profound and acute reason must be deeply skilled in the science of government. In compliance with their request, he framed a body of fundamental laws which were approved and adopted. A palatine for life was to be chosen from among the proprietors who was to act as president of the Palatine court, which was to be composed of all those who were entrusted with the execution of the powers granted by the charter. A body of hereditary nobility was created to be denominated land graves and casiques. The former to be invested with four baronies consisting each of 4,000 acres and the latter to have two containing each 2,000 acres of land. These estates were to descend with the dignities forever. The provincial legislature denominated a parliament was to consist of the proprietors in the absence of any one of whom his place was to be supplied by a deputy appointed by himself of the nobility and of the representatives of the freeholders who were elected by districts. These discordant materials were to compose a single body which could initiate nothing. The bills to be laid before it were to be prepared in a grand council composed of the governor, the nobility and the deputies of the proprietors who were invested also with the executive power. At the end of every century the laws were to become void without the formality of a repeal. Various judicatories were erected and numerous minor perplexing regulations were made. This constitution which was declared to be perpetual soon furnished additional evidence to the many afforded by history of the great but neglected truth that experiences the only safe school in which the science of government is to be acquired and that the theories of the closet must have the stamp of practice before they can be received with implicit confidence. 1670 the Duke of Albemarle was chosen the first Palatine but did not long survive his election and Lord Barkley was appointed his successor. The other proprietors were also named to high offices and Mr. Locke was created a land grave. After this change of constitution the attention of the proprietors was first directed to the south. A settlement was made at Port Royal under the conduct of William Sayle who had been appointed governor of that part of the coast which lies southwest of Cape Cartourette. He was accompanied by Joseph West who was entrusted with the commercial affairs of the proprietors and who with the governor conducted the whole mercantile business of the colony. William Sayle after leading the first colony to Port Royal and convening a parliament in which there were neither land graves nor casiques became the victim of the climate after which the authority of Sir John Yamans who had hitherto governed the settlement at Cape Fear was extended over the territory southwest of Cape Cartourette. In the same year the foundation of old Charlestown was laid which continued for some time to be the capital of the southern settlements. While these exertions were making in the south great dissatisfaction was excited in Albemarle in 1670 Stevens the governor had been ordered to introduce into that settlement the constitution prepared by Mr. Locke. This innovation was strenuously opposed and the discontent it produced was increased by a rumor which was not the last mischievous for being untrue that the proprietors designed to dismember the province. There was also another cause which increased the ill humor pervading that small society. The proprietors attempted to stop the trade carried on in the vessels of New England and the attempt produced the constant effect of such measures. Much ill temper both on the part of those who carried on the traffic and of those for whom it was conducted. At length these discontents broke out into open insurrection. The insurgents led by Culpeper who had been appointed Surveyor General of Carolina obtained possession of the country seized the revenues and imprisoned the president with seven deputies who had been named by the proprietors. Having taken possession of the government they established Courts of Justice appointed officers called a parliament and for several years exercised the powers of an independent state yet they never formally disclaimed the power of the proprietors. All this time the tithables of Albemarle a term designating all the men with the Negroes and Indian women between 16 and 60 years of age amounted only to 1400 and the exports consisted of a few cattle a small quantity of Indian corn and about 800,000 weight of tobacco. 1688 about this time and event occurred in the southern settlement showing as well the poverty of the people as the matter in which the affairs of the proprietors were conducted. Joseph West their agent was appointed to succeed the amens in the government and the colony being unable to pay his salary the plantation and mercantile stock of the proprietors were assigned to him in satisfaction of his claims. In England the opinion had been long entertained that the southern colonies were adapted to the production of those articles which succeed in the warmer climates of Europe. In pursuance of this opinion Charles in 1679 employed two vessels to transport foreign Protestants into the southern colony for the purpose of raising wine, oil, silk and other productions of the south and to encourage the growth of these articles exempted them for a limited time from taxation. The effort however did not succeed. Old Charles down being found an inconvenient place for the seat of government the present Charleston became the metropolis of South Carolina. This situation was deemed so unhealthy that directions were given to search out some other position for a town. The seat of government however remained unaltered until the connection with Great Britain was dissolved. Carolina continued to increase slowly in wealth and population without any remarkable incident except the invasion of its most southern settlement by the Spaniards from St. Augustine. This was occasioned in part by the jealousy with which the English colony inspired its neighbors who was principally and immediately attributable to the countenance given in Charleston to the buccaneers who then infested those seas and who were particularly hostile to the Spaniards. It was with difficulty the colonists were prevented by the proprietors from taking ample vengeance for this injury. Their resentments though restrained were not extinguished and until the annexation of the Florida's to the British ground these colonies continued to view each other with distrust and enmity. Constitution Mr. Locke abandoned the dissatisfaction of the colony with his constitution grew with its population. After some time a subtle purpose was disclosed to thwart and oppose the wishes of the proprietors and everything. We read with a continued struggle to support a system not adapted to the condition of the people. The proprietors at length abandoned the constitution of Mr. Locke and restored the ancient form of government. Discontents of Virginia. The discontents which arose in Virginia soon after the restoration continued to augment. To the regularly decreasing price of tobacco and the restraints imposed on commerce by the acts of navigation other causes of dissatisfaction were soon added. Large grants of land were made to the favorites of the crown and considerable burdens were produced and injuries inflicted by the hostility of the Indians. Agents were deputed to remonstrate against these improbable grants as well as to promote the views of the colony with regard to other objects a great moment and a considerable tax was imposed to support the expense of the deputation. They are said to have been on the point of obtaining the objects of their mission when all further proceedings were suspended in consequence of a rebellion which for a time were a very serious aspect. 1663 Bacon's Rebellion. At the head of the insurgents was Colonel Nathaniel Bacon, a gentleman who had received his education in England. At the ends of court had been appointed a member of the council soon after his arrival in Virginia. Young, bold, and ambitious possessing an engaging person and commanding elocution, it was well calculated to rouse and direct the passions of the people. Threading the path by which ambition marches to power, he arraigned the people on their grievances, increased their irritation against the causes of their disgust, and ascribed the evils with which they thought themselves oppressed of those who governed them while he professed no other object than their good. He declaimed particularly against the langer with which the Indian War had been prosecuted and striking the note to which their feelings were most responsive, declared that by proper exertions it might have been already terminated. The people viewing him as their only friend and believing the zeal he manifested to be produced solely by his devotion to their cause gave him their whole confidence and elected him their general. In return he assured them that he would never lay down his arms until he had avenged their sufferings on the savages and redressed their other grievances. 1676 he applied to the governor for a commission appointing him general to prosecute the war against the Indians, a temporizing policy being pursued he entered Jamestown at the head of 600 armed men and obtained all he demanded from an intimidated government. No sooner had he withdrawn from the capital than the governor at the request of the assembly which was then in session issued a proclamation declaring him a rebel and commanding his followers to deliver him up and to retire to their respective homes. Bacon and his army equally incensed at this piece of impotent and discretion returned to Jamestown and the governor fled to Acomac. The general of the insurgents called the convention of his friends who invaded against the governor for having without cause endeavored to foment a civil war in the country and after failing in this attempt for having abdicated the government to the great astonishment of the people. They stated farther that the governor having informed the king that their commander and his followers were rebellious and having advised his majesty to send forces to reduce them. It consisted with the welfare of the colony and with their allegiance to his sacred majesty to oppose and suppress all forces whatsoever until the king be fully informed of the state of the case by such persons as shall be sent by Nathaniel Bacon in behalf of the people. This extraordinary manifesto was concluded with the recommendation of an oath first taken by the members of the convention to join the general and his army against the common enemy in all points whatever and to endeavor to discover and apprehend such evil disposed persons as designed to create a civil war by raising forces against him and the army under his command. His death in the meantime the governor collected a considerable force which crossed the bay under the command of Major Robert Beverly and several sharp skirmishes were fought a civil war was commenced agriculture decline. Jamestown was burnt by the insurgents. Those parts of the country which remained in peace were pillaged and the wives of those who supported the government were carried to camp where they were very harshly treated. Virginia was relieved from this threatening state of things and from the increasing calamities it portended by the sudden death of Bacon. 1677 having lost their leader the malcontents were incapable of further agreement among themselves that began separately to make terms with the government and all opposition soon ended. So reembarkly was reinstated in his authority and an assembly was convened which seems to have been actuated by the spirit of revenge common to those who suffer in civil contests. The real motives and objects of this rebellion are not perfectly understood. Many were disposed to think that Bacon's original design extended no farther than to gratify the common resentments against the Indians and to acquire that reputation and influence which result from conducting a popular war successfully. Others believe that he intended to seize the government. Whatever may have been his object the insurrection produced much misery and no good to Virginia. 1680 soon after the restoration of domestic quiet so reembarkly returned to England and was succeeded by Herbert Jeffries who relieved the colony from one of its complaints by making peace with the Indians. Assembly deprived of judicial power about the year 1680 and essential change was made in the jurisprudence of Virginia. In early times the assembly was a supreme appellate court of the province. During the administration of Lord Culpeper a controversy arose between the burgesses and counselors who composed also the general court concerning the right of the latter to sit as a part of the assembly on appeals from their own decisions. The Burgesses claimed exclusively the privilege of judging in the last resort. This controversy was determined by taking all judicial power from the assembly and allowing an appeal from judgments of the general court to the king and counsel where the matter in contest exceeded the value of 300 pounds sterling. From the rebellion of bacon to the revolution in 1688 the history of Virginia affords no remarkable occurrence. The low price of tobacco that perpetual source of dissatisfaction still continued to describe the country combinations were formed among the people to raise this value by preventing for a time the growth of the article. And disorderly parties assembled to destroy the tobacco plants in the beds when it was too late to sow the seed again. Violent measures were adopted to prevent these practices and several individuals were executed. These discontents did not arrest the growth of the colony. A letter from Sir William Barkley dated in June 1671 states his population at 40,000 and his militia at 8,000. A letter from Lord Culpeper in December 1681 supposes that there might then be in the colony 15,000 fighting men. This calculation however is probably exaggerated. As the report of General Smith prepared in 1680 from actual returns represents the militia as then consisting of 8,568 men of whom 1300 were cavalry. End of Chapter 5. Chapter 6 of the Life of Washington, Volume 1 by John Marshall. This LibriVox recording is in the public domain. Chapter 6, Prosperity of New England, War with Philip. Edward Randolph arrives in Boston. Maine, a judge to Gorgeous, purchased by Massachusetts. Royal government erected in New Hampshire complaints against Massachusetts. Their letters patent cancelled, Death of Charles II. James II proclaimed new commissioner for the government of New England. Edmund 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 meantime, that colony disregarded the acts of navigation, traded as an independent state and governed New Hampshire and Maine without opposition. 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 Massa, Soet. 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. 1675, he gave explicit assurances of his specific disposition, but from the year 1670 to 1675, when hostilities commenced, he was secretly preparing for them. The war was carried on with great vigor 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 relational friend. For a considerable time no decisive advantage was gained. 1676, at length the steady efforts of the English prevailed. In August 1676, when the tide of success was running strong in favor of the colonists, Philip, after losing his family and chief counselors, 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 500 men, he had by alliances increased his force to 3,000. In this estimate the eastern Indians are not included. Many houses and flourishing villages were reduced to ashes and 600 persons were either killed in battle or murdered privately. 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 Gorgeous. 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 a judge to Gorgeous. 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 a judge to Gorgeous. The claim of Mason to New Hampshire being confined to the soil, all titled to which though so long exercised, was now waived by Massachusetts and the terror 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 Maine, which he intended to bestow on his favorite 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 favor of Gorgeous, purchased his title for 1200 pounds sterling. The offended monarch insisted on a relinquishment of the contract, but Massachusetts apologizing for what had been done, retained the purchase and governed the country as a subordinate province. 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 connection 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 may not be 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 pass 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 cost 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 had linked, 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. The 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 anything 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 quote warranted 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 quote warranted had issued against the city which had been decided in favor of the crown. The question whether it was advisable to submit to His Majesty's pleasure or to permit the quote warranted to issue was seriously referred to the general court and was 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, which submit to his pleasure, he would regulate their charter for his service and their good and would make no further alterations in it than should be necessary for the support of his government in the province. The governor and assistance passed a vote of submission, but the deputies refusing their assent there to the High Court of Chancery in Trinity Term 1684 decreed against the governor and company that their letters patent and the enrollment thereof be canceled. 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. There, 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 Narragansett whose powers were entirely executive and judicial. 1686, this 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 there too, 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 favor 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 Edmund 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 Edmund Andros, who had governed New York, Captain General and Vice Admiral of Massachusetts, New Hampshire, Maine, New Plymouth, Permaqued and Narragansetts, 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 of 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 misdemeanor had been exhibited against that colony and referred to Sayer, the Attorney General, with orders to issue a writ of, quote, warranty to annul their patent. The assembly stopped further proceedings by passing an act formally surrendering their charter. Their submission, however, availed them nothing. Their fate was involved in that of Massachusetts. Odious measures of government. In pursuance of the determination to break the charters and unite the colonies, articles of misdemeanor had been also exhibited against the governor and company of Connecticut, on which a writ of, quote, warranty had been issued. The government of that colony addressed the letter to the Secretary of State, desiring, with many professions of loyalty, to remain in its present situation. Beethoven 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 further proceedings were had on the, quote, warranty, and Andros was ordered to accept the submission of the colony and annex it to Massachusetts. 1687. This 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. 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 holding. 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 affect no substantial change in the colonial administration. James had determined to reduce all the government's proprietary as well as royal to an immediate dependence on the Crown. And to affect his purpose had directed rits of, quote, warranty to issue against those charters which still remained in force. This plan was adopted not only for the purpose of establishing his favorite system of government, but also 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-humors 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 50 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. 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 Bretta which restored Accordier 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 arrest 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. 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 Edmund Andros Governor of his territories in America. This commission included New Jersey is former grant of which he's supposed to be annulled by the conquest thereof in 1673. Andros disregarding the decision of the commissioners claim for the Duke that part of Connecticut which lies west of the river of that name. And during the war with Philip Endeavour to support his claim by force the determined resistance of Connecticut compelled him to relinquish an attempt on Saybrook after which he returned to New York. The taxes which had been laid by the Dutch were collected and duties for 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 feeding the difficulty of governing a high spirited people on principles were pugnant to all their settled opinions. Repeatedly but ineffectually urged him to place the colony on the same footing with its neighbors 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 reenact 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. In 1674 Lord Barkley assigned his interest in the jerseys to William Penn and his associates. They afterwards acquired the title of Sir George Carterette 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. Carterette had endeavored to participate in the advantages of commerce by establishing a port at Amboy. But Andrew seized and condemned the vessel's trading dither 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 quote warrant was directed. The English judges did not then hold their offices during good behavior and their 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. Dangan, 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 McKillie Mackinac 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 and consequence of which Dangan 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 Dangan 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 rested power from hands accustomed to abuse it. On receiving intelligence of the revolution at Boston the militia were raised by a captain Jacob Leesler 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 his mutual animosities were the source of much uneasiness and mischief to the province. 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 12 miles north of Newcastle to the 43rd degree of latitude and limited on the south by a circle of 12 miles drawn round Newcastle to the beginning of the 40th degree of latitude. In this charter the acts of navigation were recognized a local legislature was created and provision made that a duplicate of its laws should be transmitted within five years to the King and 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 recognized 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. He said that they may be free by their just obedience and the magistrates honorable 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. There was two 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 Newcastle with the territory 12 miles around it and that tract of land extending then southward on the Delaware to Cape Henlopin. Soon after this grant was issued he embarked for America accompanied by about 2000 immigrants 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 3000 persons. Penn cultivated the goodwill 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 100 houses within 12 months from its commencement. An assembly was convened which instead of being composed of all the free men 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 and religion was established in every foreigner who promised allegiance to the king and obedience to the proprietor was declared a free man. 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 40th 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 40th degree by menstruation from the Caves 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 Hanlopen to the 40th degree and a judge that the landline 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 unfavorable impressions which this delay was calculated to make on them. End of Chapter 6