Prosperity of New England.... War with Philip.... Edward
Randolph arrives in Boston.... Maine adjudged to Gorges....
Purchased by Massachusetts.... Royal government erected in
New Hampshire.... Complaints against Massachusetts.... Their
letters patent cancelled.... Death of Charles II.... James
II. proclaimed.... New commission for the government of New
England.... Sir Edmond Andros.... The charter of Rhode
Island abrogated.... Odious measures of the new
government.... Andros deposed.... William and Mary
proclaimed.... Review of proceedings in New York and the
Jerseys.... Pennsylvania granted to William Penn.... Frame
of government.... Foundation of Philadelphia laid....
Assembly convened.... First acts of the legislature....
Boundary line with lord Baltimore settled.
{1680}
[Sidenote: Prosperity of New England.]
After the departure of the commissioners, New England was for some
time quiet and prosperous. The plague, the fire of London, and the
discontents of the people of England, engrossed the attention of the
King, and suspended the execution of his plans respecting
Massachusetts. In the mean time, that colony disregarded the acts of
navigation, traded as an independent state, and governed New Hampshire
and Maine without opposition.[104]
[Footnote 104: From a paper in possession of the British
administration, it appears that in 1673, New England was
supposed to contain one hundred and twenty thousand souls,
of whom sixteen thousand were able to bear arms.
Three-fourths of the wealth and population of the country,
were in Massachusetts and its dependencies. The town of
Boston alone contained fifteen hundred families.]
[Sidenote: War with Philip.]
{1675}
{1676}
This state of prosperous repose was interrupted by a combination of
Indians so formidable, and a war so bloody, as to threaten the war
with very existence of all New England. This combination was formed by
Philip, the second son of Massassoet. The father and eldest son had
cultivated the friendship of the colonists; but Philip, equally brave
and intelligent, saw the continuing growth of the English with
apprehension, and by his conduct soon excited their suspicion. He gave
explicit assurances of his pacific disposition; but, from the year
1670 till 1675, when hostilities commenced, he was secretly preparing
for them. The war was carried on with great vigour and various
success: the savages, led by an intrepid chief, who believed that the
fate of his country depended on the entire destruction of the English,
made exertions of which they had not been thought capable. Several
battles were fought; and all that barbarous fury which distinguishes
Indian warfare, was displayed in its full extent. Wherever the Indians
marched, their route was marked with murder, fire, and desolation.
Massachusetts, New Hampshire, and Plymouth, were the greatest
sufferers. In those provinces especially, the Indians were so
intermingled with the whites, that there was scarcely a part of the
country in perfect security, or a family which had not to bewail the
loss of a relation or friend. For a considerable time no decisive
advantage was gained. At length, the steady efforts of the English
prevailed; and in August 1676, when the tide of success was running
strong in favour of the colonists, Philip, after losing his family and
chief counsellors, was himself killed by one of his own nation, whom
he had offended. After his death, the war was soon terminated by the
submission of the Indians. Never had the people of New England been
engaged in so fierce, so bloody, and so desolating a conflict. Though
the warriors of the nation of which Philip was prince, were estimated
at only five hundred men, he had, by alliances, increased his force to
three thousand. In this estimate the eastern Indians are not included.
Many houses, and flourishing villages were reduced to ashes, and six
hundred persons were either killed in battle, or murdered
privately.[105]
[Footnote 105: Chalmer. Hutchison.]
[Sidenote: Edward Randolph.]
While this war was raging with its utmost violence, the government of
Massachusetts was under the necessity of directing a part of its
attention to the claims of Mason and Gorges. The efforts of Charles to
procure an appearance of the colony before the council having proved
ineffectual, he determined to give judgment in its absence, unless an
appearance should be entered within six months. Edward Randolph, 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.
[Sidenote: Maine adjudged to Gorges.]
It was the opinion of the King in council that the line of
Massachusetts did not run more than three miles north of the
Merrimack; and Maine was adjudged to Gorges. The claim of Mason to New
Hampshire being confined to the soil, all title to which, though so
long exercised, was now waived by Massachusetts; and the terre-tenants
not being before the court, that part of the case was decided so far
only as respected the boundary of Massachusetts, which, being against
the pretensions of that colony, its jurisdiction over New Hampshire
ceased. Charles had been for some time treating for the purchase both
of New Hampshire and Maine which he intended to bestow on his
favourite son, the duke of Monmouth, but his poverty had prevented the
contract. Massachusetts, though not ignorant of this fact, finding
that the decision respecting Maine would be in favour of Gorges,
purchased his title for twelve hundred pounds sterling. The offended
monarch insisted on a relinquishment of the contract; but
Massachusetts, apologising for what had been done, retained the
purchase, and governed the country as a subordinate province.[106]
[Footnote 106: Chalmer. Hutchison.]
{1679}
[Sidenote: Royal government in New Hampshire.]
New Hampshire having become a distinct colony, a royal government was
erected in that province; the legislature of which voted an
affectionate address to Massachusetts, avowing a willingness to have
retained their ancient connexion, had such been the pleasure of their
common sovereign.
{1679}
The temper and conduct of Massachusetts remaining unchanged, the
charges against its government were renewed. The complaints of the
Quakers were perseveringly urged; and the neglect of the acts of
navigation, constituted a serious accusation against the colony. The
general court, in a letter to their agents, declared these acts "to be
an invasion of the rights, liberty, and property of the subjects of
his majesty in the colony, they not being represented in Parliament."
But as his majesty had signified his pleasure that they should be
conformed to, "they had made provision by a law of the colony that
they should be strictly attended to from time to time, although it
greatly discouraged trade, and was a great damage to his majesty's
plantation." Their agents gave correct information of the state of
things in England, and assured them that only a fair compliance with
the regulations respecting trade could secure them from an open breach
with the crown. These honest representations produced the usual effect
of unwelcome truths. They diminished the popularity of the agents, and
excited a suspicion in Boston that they had not supported the
interests of the colony with sufficient zeal. On their return, they
brought with them a letter containing the requisitions of the King;
and were soon followed by Randolph, who had been appointed collector
at Boston. The general court began to manifest some disposition to
appease their sovereign, and passed several laws for this purpose; but
still declined complying with his directions to send agents with full
powers to attend to the new ordering of the province; and the
collector encountered insuperable obstacles in his attempts to execute
the laws of trade. Almost every suit he instituted for the recovery of
penalties or forfeitures was decided against him, at the costs of the
prosecutor. These difficulties induced him to return to England, to
solicit additional powers, which were equally disregarded.
The complaints of the King on these subjects were answered by
professions of loyalty, and by partial compliances with the demands of
the crown; but the main subject of contest remained unaltered.
{1684}
At length, being convinced that the King was determined to annul the
charter, Massachusetts so far yielded to his will, as to appoint
agents to represent the colony. But persons empowered to submit to
such regulations as might be made by government, were, in other words,
persons appointed to surrender the charter. They were therefore
instructed not to do, or consent to, any thing that might infringe the
liberties granted by charter, or the government established thereby.
These powers were declared to be insufficient; and the agents were
informed that, unless others, in every respect satisfactory, should be
immediately obtained, it was his majesty's pleasure that a _quo
warranto_ should be issued without delay. This unpleasant intelligence
was immediately communicated to the general court, accompanied with
information of the proceedings which had lately taken place in
England. In that country, many corporations had surrendered their
charters; and, on the refusal of London, a _quo warranto_ had issued
against the city, which had been decided in favour of the crown. The
question whether it was advisable to submit to his majesty's pleasure,
or to permit the _quo warranto_ to issue, was seriously referred to
the general court, and was as seriously taken into consideration
throughout the colony. In concurrence with the common sentiment, the
general court determined that "it was better to die by other hands
than their own." On receiving this final resolution, the fatal writ
was issued, and was committed to the care of Randolph, who brought
also a declaration of the King, that if the colony, before the writ
should be prosecuted, would submit to his pleasure, he would regulate
their charter for his service, and their good; and would make no
farther alterations in it than should be necessary for the support of
his government in the province. The governor and assistants passed a
vote of submission; but, the deputies refusing their assent thereto,
the high court of chancery, in Trinity term 1684, decreed against the
governor and company, "that their letters patent, and the enrolment
thereof be cancelled."
{1685}
[Sidenote: Death of Charles II.]
[Sidenote: 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.
{1686}
Their presages were soon verified. Immediately after James had
ascended the throne, a commission was issued for a president and
council, as a temporary government for Massachusetts, New Hampshire,
Maine, and Narraghansetts; whose powers were entirely executive and
judicial. 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
thereto, they should demean themselves as loyal subjects, and humbly
make their addresses to God, and, in due time, to their gracious
prince, for relief."
Mr. Dudley, the president named in the commission, was a native of
Massachusetts, and seems to have mingled with his respect for the
constitutional prerogative of the crown, a due regard for the rights
of the people. Any immediate alterations, therefore, in the interior
arrangements of the country were avoided; and the commissioners
transmitted a memorial to the lords of the council for the colonies,
stating the necessity of a well regulated assembly to represent the
people, and soliciting an abatement of the taxes. This moderate
conduct did not accord with the wishes of that class of men who court
power wherever it may be placed. These sought the favour of their
sovereign by prostrating every obstacle to the execution of his will;
and soon transmitted complaints to administration, charging the
commissioners with conniving at violations of the laws respecting
trade, and countenancing ancient principles in religion and
government.
[Sidenote: Sir Edmond Andros.]
James was dissatisfied with the conduct of his commissioners; and was
also of opinion that a wise policy required a consolidation of the
colonies, and a permanent administration for New England. With a view
to this object, he appointed Sir Edmond Andros, who had governed New
York, captain-general and vice-admiral of Massachusetts, New
Hampshire, Maine, New Plymouth, Pemaquid, and Narraghansetts; and
empowered him, with the consent of a council to be appointed by the
crown, to make ordinances not inconsistent with the laws of the realm,
which should be submitted to the King for his approbation or dissent;
and to impose taxes for the support of government.
In December 1685, Andros arrived at Boston, where he was received with
the respect which was due to the representative of the crown. In
pursuance of his orders, he dissolved the government of Rhode Island,
broke its seal, and assumed the administration of the colony. In the
preceding year, articles of high misdemeanour had been exhibited
against that colony and referred to Sayer, the attorney general, with
orders to issue a writ of _quo warranto_ to annul their patent. The
assembly stopped farther proceedings, by passing an act formally
surrendering their charter. Their submission, however, availed them
nothing. Their fate was involved in that of Massachusetts.[107]
[Footnote 107: Chalmer. Hutchison.]
[Sidenote: Odious measures of government.]
{1687}
In pursuance of the determination to break the charters and unite the
colonies, articles of misdemeanour had been also exhibited against the
governor and company of Connecticut, on which a writ of _quo warranto_
had been issued. The government of that colony addressed a letter to
the secretary of state, desiring, with many professions of loyalty, to
remain in its present situation; but, if it should be the purpose of
his majesty to dispose otherwise of them, submitting to his royal
commands, and requesting to be annexed to Massachusetts. No farther
proceedings were had on the _quo warranto_, and Andros was ordered to
accept the submission of the colony, and annex it to Massachusetts.
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.[108]
[Footnote 108: Trumbull. Hutchison. Chalmer.]
The grand legislative council, composed of individuals selected by the
crown throughout the united colonies, readily assembled, and proceeded
to execute the duties assigned to it.
The measures of the new government were not calculated to diminish the
odium excited by its objectionable form. The fees of office were
enormous; and the regulations respecting divine worship, marriages,
the acts of navigation, and taxes, were deemed highly oppressive. In
addition to these causes of discontent, the governor general took
occasion to cast a doubt on the validity of the titles by which lands
were holden.
{1688}
To obtain relief from these oppressive grievances, Mather, an eminent
politician and divine, was deputed by the colonies of New England to
lay their complaints before the King. He was graciously received, but
could effect no substantial change in the colonial administration.
James had determined to reduce all the governments, proprietary as
well as royal, to an immediate dependence on the crown; and, to effect
this purpose, had directed writs of _quo warranto_ to issue against
those charters which still remained in force. This plan was adopted,
not only for the purpose of establishing his favourite system of
government, but also of forming a barrier to the encroachments of
France, by combining the force of the colonies as far as the Delaware.
During this reign, Canada was pushed south of Lake Champlain; and
fortresses were erected within the immense forests which then
separated that province from New York and New England. With a view to
this union of force, a new commission was made out for Andros,
annexing New York and the Jerseys to his government, and appointing
Francis Nicholson his lieutenant.
{1689}
The dissatisfaction of the people continued to increase; and every act
of the government, even those which were in themselves laudable, was
viewed through the medium of prejudice.
At length these latent ill humours burst forth into action. Some vague
intelligence was received concerning the proceedings of the Prince of
Orange in England. The old magistrates and leading men silently
wished, and secretly prayed, that success might attend him, but
determined to commit nothing unnecessarily to hazard, and quietly to
await an event, which no movement of theirs could accelerate or
retard.
[Sidenote: Andros deposed.]
[Sidenote: William and Mary proclaimed.]
The people were less prudent. Stung with the recollection of past
injuries, their impatience, on the first prospect of relief, could not
be restrained. On the 18th of April, without any apparent
pre-concerted plan, a sudden insurrection broke out in Boston, and
about fifty of the most unpopular individuals, including the
governors, were seized and imprisoned; and the government was once
more placed in the hands of the ancient magistrates. All apprehensions
of danger from this precipitate measure were soon quieted by the
information that William and Mary had been crowned King and Queen of
England. They were immediately proclaimed in Boston with unusual pomp,
and with demonstrations of proclaimed unaffected joy.[109]
[Footnote 109: Chalmer. Hutchison.]
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.
[Sidenote: Review of proceedings in New York and New Jersey.]
The treaty of Breda, which restored Acadié to France, confirmed New
Netherlands to England. Quiet possession of that valuable territory
was retained until 1673, when, England being engaged again in war with
Holland, a small Dutch squadron appeared before the fort at New York,
which surrendered without firing a shot. The example was followed by
the city and country; and, in a few days, the submission of New
Netherlands was complete. After this acquisition the old claim to Long
Island was renewed, and some attempts were made to wrest it from
Connecticut. That province however, after consulting its confederates,
and finding that offensive operations would be agreeable to the union,
declared war against the Dutch; and not content with defending its own
possessions, prepared an expedition against New York. The termination
of the war between England and Holland prevented its prosecution, and
restored to the English the possessions they had lost.[110]
[Footnote 110: Trumbull. Hutchison.]
To remove all controversy concerning his title, which had been
acquired while the granted lands were in possession of the Dutch, the
duke of York, after the peace of 1674, obtained a renewal of his
patent, and appointed sir Edmond Andros governor of his territories in
America. This commission included New Jersey, his former grant of
which he supposed to be annulled by the conquest thereof in 1673.
Andros, disregarding the decision of the commissioners, claimed for
the duke that part of Connecticut which lies west of the river of that
name; and, during the war with Philip, endeavoured to support his
claim by force. The determined resistance of Connecticut compelled him
to relinquish an attempt on Saybrooke; after which he returned to New
York. The taxes which had been laid by the Dutch were collected, and
duties, for a limited time, were imposed, by authority of the duke.
This proceeding excited great discontent. The public resentment was
directed, first against the governor, whose conduct was inquired into
and approved by his master, and afterwards against the collector, who
was seized and sent to England; but never prosecuted. The
representatives of the duke in New York, feeling the difficulty of
governing a high spirited people on principles repugnant to all their
settled opinions, repeatedly, but ineffectually, urged him to place
the colony on the same footing with its neighbours, by creating a
local legislature, one branch of which should be elected by the
people. It was not until the year 1683, when the revenue laws were
about to expire, when the right of the duke to re-enact them was
denied in America, and doubted in England, that he could be prevailed
on to appoint a new governor with instructions to convene an
assembly.[111]
[Footnote 111: Smith.]
In 1674, lord Berkeley assigned his interest in the Jerseys to William
Penn and his associates. They afterwards acquired the title of sir
George Carteret also, and immediately conveyed one-half of their
interest to the earl of Perth and others, who, in 1683, obtained a
conveyance from the duke of York directly to themselves.
During these transactions, continual efforts were made to re-annex the
Jerseys to New York. Carteret had endeavoured to participate in the
advantages of commerce by establishing a port at Amboy; but Andros
seized and condemned the vessels trading thither, and was supported by
the duke in this exercise of power. The assembly of New York claimed
the right of taxing the people of Jersey; and the collector, continued
to exercise his former authority within their territory. On his
complaining, after the accession of the duke of York to the throne,
that every vessel he prosecuted was discharged by the verdict of the
jury, a writ of _quo warranto_ was directed. The English judges did
not then hold their offices during good behaviour; and the proprietors
of East Jersey, confident that the cause would be decided against
them, surrendered their patent to the crown, praying only a grant of
the soil. The Jerseys were, soon afterwards, annexed to New
England.[112]
[Footnote 112: Chalmer. Smith.]
Dongan, who, in 1683, had succeeded Andros in the government of New
York, took a deep interest in the affairs of the five nations, who had
been engaged in bloody wars with Canada. The French, by establishing a
settlement at Detroit, and a fort at Michilimackinack, had been
enabled to extend their commerce among the numerous tribes of Indians
who hunted on the banks of the great lakes, and the upper branches of
the Mississippi. They excluded the people of New York from any share
in this gainful commerce; in consequence of which Dongan solicited and
obtained permission to aid the five nations. This order, however, was
soon countermanded; and a treaty was concluded, stipulating that no
assistance should be given to the savages by the English colonists;
soon after which Dongan was recalled, and New York was annexed to New
England.
From the accession of James to the throne, he had discontinued the
assemblies of New York, and empowered the governor, with the consent
of his council, to make laws "as near as might be" to those of
England. The reinstatement of this arbitrary system gave general
disgust, and, together with the apprehension that the Roman Catholic
religion would be established, prepared the people of New York, as
well as those of the other colonies, for that revolution which wrested
power from hands accustomed to abuse it. On receiving intelligence of
the revolution at Boston, the militia were raised by a captain Jacob
Leisler, who took possession of the fort in the name of King William,
and drove Nicholson, the lieutenant governor, out of the country. This
event gave rise to two parties, who long divided New York, and whose
mutual animosities were the source of much uneasiness and mischief to
the province.[113]
[Footnote 113: Chalmer. Smith.]
[Sidenote: Pennsylvania granted to William Penn.]
William Penn having gained some knowledge of the country west of the
Delaware, formed the design of acquiring that territory as a separate
estate. On his petition, a charter was issued in 1681, granting to
him, in absolute property, by the name of Pennsylvania, that tract of
country bounded on the east by the river Delaware, extending westward
five degrees of longitude, stretching to the north from twelve miles
north of New Castle to the forty-third degree of latitude, and limited
on the south by a circle of twelve miles, drawn round New Castle to
the beginning of the fortieth degree of latitude.
In this charter, the acts of navigation were recognised, a local
legislature was created, and provision made that a duplicate of its
laws should be transmitted, within five years, to the King in council;
any of which that were repugnant to those of England, or inconsistent
with the authority of the crown, might be declared void in six months.
This charter conveyed nearly the same powers and privileges with that
of Maryland, but recognised the right of Parliament to tax the colony.
Penn soon commenced the settlement of the province, and immediately
asserted a claim to a part of the territory which had been supposed by
lord Baltimore to be within the bounds of Maryland. In this claim
originated a controversy between the two proprietors, productive of
considerable inconvenience and irritation to both.
He published a frame of government for Pennsylvania, the chief
intention of which was declared to be "for the support of power in
reverence with the people, and to secure the people from the abuse of
power; that they may be free by their just obedience, and the
magistrates honourable for their just administration; for liberty
without obedience is confusion, and obedience without liberty is
slavery."
This scheme of fundamental law contains many provisions indicating
good sense and just notions of government, but was too complex for an
infant settlement; and, after many fruitless attempts to amend it, was
laid aside, and a more simple form was adopted, resembling in its
principal features, those established in the other colonies, which
remained until the proprietary government itself was dissolved.
[Sidenote: Foundation of Philadelphia.]
In August 1682, Penn obtained from the duke of York a conveyance of
the town of New Castle, with the territory twelve miles around it, and
that tract of land extending thence southward, on the Delaware, to
cape Henlopen. Soon after this grant was issued, he embarked for
America, accompanied by about two thousand emigrants; and, in the
October following, landed on the banks of the Delaware. In addition to
the colonists sent out by himself, he found, on his arrival several
small settlements of Swedes, Dutch, Finlanders, and English, amounting
to about three thousand persons. Penn cultivated the good will of the
natives, from whom he purchased such lands as were necessary for the
present use of the colonists. At this time the foundation of
Philadelphia was laid, which we are assured contained near one hundred
houses within twelve months from its commencement. An assembly was
convened which, instead of being composed of all the freemen,
according to the frame of government, was, at the request of the
people themselves, constituted of their representatives. Among the
laws which were enacted was one annexing the territories lately
purchased from the duke of York to the province, and extending to them
all its privileges. Universal freedom in religion was established; and
every foreigner who promised allegiance to the King, and obedience to
the proprietor was declared a freeman.[114]
[Footnote 114: History of Pennsylvania. Chalmer.]
In the hope of extending his limits to the Chesapeake, Penn, soon
after his arrival, met lord Baltimore for the purpose of adjusting
their boundaries. The patent of that nobleman calls for the fortieth
degree of north latitude, and he proposed to determine the
intersection of that degree with the Delaware by actual observation.
Penn, on the contrary, insisted on finding the fortieth degree by
mensuration from the capes of Virginia, the true situation of which
had been already ascertained. Each adhering firmly to his own
proposition, the controversy was referred to the committee of
plantations, who, after the crown had descended on James, decided that
the peninsula between the bays of Chesapeake and Delaware, should be
divided into two equal parts by a line drawn from the latitude of cape
Henlopen to the fortieth degree, and adjudged that the land lying from
that line towards the Delaware should belong to his majesty, and the
other moiety to Lord Baltimore. This adjudication was ordered to be
immediately executed.
Pennsylvania was slow in acknowledging the Prince and Princess of
Orange. The government continued to be administered in the name of
James for some time after his abdication was known. At length,
however, William and Mary were proclaimed; and Penn had the address to
efface the unfavourable impressions which this delay was calculated to
make on them.