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]
[Footnote 94: Chalmer. Hutchison.]
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.
[Sidenote: Conquest of the Dutch colony.]
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 patent, so dearly obtained, and so long
enjoyed, by undoubted right in the sight of God and man," determined
to raise two hundred men for the expedition. In the mean time colonel
Nichols proceeded to Manhadoes. 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.
The year after captain Argal had subdued Manhadoes, the garrison,
having obtained a reinforcement from Holland, returned to their
ancient allegiance. In 1621, the states 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 neighbours advanced, until the eastern part of Long Island,
and the country within a few miles of the Hudson were relinquished.
Farther 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 the
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 lordship's 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 Manhattans that of York
Island.[95]
[Footnote 95: Chalmer. Smith.]
Hudson's, and the south, or Delaware river, were still to be reduced.
Carteret commanded the expedition against fort Orange, up Hudson's
river, which surrendered on the twenty-fourth 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.
Thus did England acquire all that fine country lying between her
southern and northern colonies; an 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 Berkeley, 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
forty-one degrees and forty minutes north latitude. This country was
denominated New Jersey.[96]
[Footnote 96: Chalmer. Smith.]
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.
In Plymouth, 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 seem 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 express 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 enjoyments live; so shall we all yet have farther
cause to say from our hearts, let the King live for ever." This
address was accompanied with letters to many of the nobility supposed
to possess influence at court, praying their intercession in behalf of
the colony; but neither the address, nor the letters were favourably
received.[97]
[Footnote 97: Hutchison.]
{1665}
[Sidenote: 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 co-operation 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 pre-conceived 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 a complaint against the governor and company. The general
court, with a decision which marked alike their vigour, 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, and of
the 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, and every effort towards reconciliation proved
unavailing.[98]
[Footnote 98: Chalmer. Hutchison.]
{1666}
From Massachusetts, the commissioners proceeded to New Hampshire and
Maine. They decided in favour of the claims of Mason and Gorges, 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 eastward tended 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, re-established
her authority both in New Hampshire and Maine.
[Sidenote: They are recalled.]
Charles, on 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 36th degree
of north latitude to the river St. Matheo, was made a province by the
name of Carolina, and granted to lord Clarendon, the duke of
Albemarle, lord Craven, lord Berkeley, lord Ashley, sir George
Carteret, sir John Colleton, and sir William Berkeley, in absolute
property for ever. This charter bears a strong resemblance to that of
Maryland, and was probably copied from it.
[Sidenote: 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 thirteen 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
dissent of the proprietors should be published. Perfect freedom in
religion was promised; and, as an inducement to emigration, one
hundred acres of land, at the price of a half penny for each acre,
were allowed for every freeman, and fifty 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 superintendence of which had been conferred by the
proprietors, on sir William Berkeley, 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 St. Matheo, was erected into
a county by the name of Clarendon. Considerable numbers from Barbadoes
emigrated into it, one of whom, Mr. John Yeamans, 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 patent, obtained a new charter which bestowed on
them a more extensive territory. This charter grants that province
within the King's dominions in America, extending north eastward to
Carahtuke 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 the governor, the council, and
twelve delegates, to be elected annually by the freeholders. Perfect
freedom in religion was established, and all were entitled to equal
privileges, on taking the oaths of allegiance to the King, and of
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 a power of attorney to receive debts contracted
abroad.
{1669}
[Sidenote: Constitution of Mr. Locke.]
The proprietors, dissatisfied with their own systems, applied to Mr.
Locke for the plan of a constitution. They supposed that this profound
and acute reasoner 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
Landgraves, and Caciques, the former to be invested with four
baronies, consisting each of four thousand acres, and the latter to
have two, containing each two thousand acres of land. These estates
were to descend with the dignities for ever.
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 minute 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 experience is 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 Berkeley was appointed his successor.
The other proprietors were also named to high offices; and Mr. Locke
was created a landgrave.
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 south-west of cape Carteret. He was
accompanied by Joseph West, who was intrusted 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 landgraves nor
caciques, became the victim of the climate; after which, the authority
of sir John Yeamans, who had hitherto governed the settlement at cape
Fear, was extended over the territory south-west of cape Carteret. 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 rumour, which was not the
less mischievous for being untrue, that the proprietors designed to
dismember the province. There was also another cause which increased
the ill humour 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 titheables of Albemarle, a term designating all the
men, with the negroes and Indian women, between sixteen and sixty
years of age, amounted only to fourteen hundred; and the exports
consisted of a few cattle, a small quantity of Indian corn, and about
eight hundred thousand weight of tobacco.
{1688}
About this time, an event occurred in the southern settlements,
showing as well the poverty of the people, as the manner in which the
affairs of the proprietors were conducted. Joseph West, their agent,
was appointed to succeed Yeamans 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 Charlestown 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 connexion 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
neighbours, but 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
Floridas to the British crown, these colonies continued to view each
other with distrust and enmity.
[Sidenote: Constitution of Mr. Locke abandoned.]
The dissatisfaction of the colony with its constitution grew with its
population. After some time a settled purpose was disclosed, to thwart
and oppose the wishes of the proprietors in every thing. Wearied 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.[99]
[Footnote 99: Chalmer. History of South Carolina and
Georgia.]
[Sidenote: 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 favourites of the crown: and considerable burdens
were produced, and injuries inflicted by the hostility of the Indians.
Agents were deputed to remonstrate against these improvident grants,
as well as to promote the views of the colony with regard to other
objects of 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 farther
proceedings were suspended in consequence of a rebellion, which, for a
time, wore a very serious aspect.
[Sidenote: Bacon's rebellion.]
{1663}
At the head of the insurgents was colonel Nathaniel Bacon, a gentleman
who had received his education, in England, at the inns of court; and
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; he was well calculated to rouse and direct
the passions of the people. Treading the path by which ambition
marches to power, he harangued the people on their grievances,
increased their irritation against the causes of their disgust, and
ascribed the evils with which they thought themselves oppressed to
those who governed them, while he professed no other object than their
good. He declaimed particularly against the languor 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 temporising policy being
pursued, he entered Jamestown at the head of six hundred 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 indiscretion,
returned to Jamestown, and the governor fled to Accomack.
The general of the insurgents called a convention of his friends, who
inveighed against the governor, for having, without cause, endeavoured
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 endeavour to discover and apprehend
such evil disposed persons as design to create a civil war by raising
forces against him, and the army under his command.
[Sidenote: His death.]
In the mean time, 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
declined; 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 farther
agreement among themselves. They began, separately, to make terms with
the government, and all opposition soon ended. Sir William Berkeley
was re-instated 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.[100]
[Footnote 100: Chalmer. Beverly.]
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.[101]
[Footnote 101: Idem.]
{1680}
Soon after the restoration of domestic quiet, sir William Berkeley
returned to England, and was succeeded by Herbert Jeffreys, who
relieved the colony from one of its complaints by making peace with
the Indians.
[Sidenote: Assembly deprived of judicial power.]
About the year 1680, an essential change was made in the jurisprudence
of Virginia. In early times, the assembly was the supreme appellate
court of the province. During the administration of lord Culpeper, a
controversy arose between the burgesses, and counsellors, 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 in council, where the matter in contest
exceeded the value of three hundred pounds sterling.[102]
[Footnote 102: Chalmer. Beverly.]
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 disquiet
the country. Combinations were formed among the people to raise its
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 Berkeley, dated in June, 1671, states its population
at forty thousand, and its militia at eight thousand. A letter from
lord Culpeper in December, 1681, supposes that there might then be in
the colony fifteen thousand 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
eight thousand five hundred and sixty-eight men, of whom thirteen
hundred were cavalry.[103]
[Footnote 103: Chalmer.]