CHAPTER XVI

AN EXPERIMENT IN ADMINISTRATION

In the preceding chapters, we have tried to show the comprehensive

nature of that expansion of Europe which, with ever-accelerating

swiftness, has been in operation since the age of discovery, and to

indicate that, however great an importance any single colony, English or

other, might attribute to itself, its contemporary significance could be

measured relatively only to the interests of that empire of which it

formed a part. For more or less obvious reasons, this great movement of

expansion has usually been treated from the geographical standpoint. We

think, for example, of England acquiring a foothold in the Far East or a

post in Africa, the island of Jamaica or that section of America known

as Virginia, rather than of her adding to her empire spices, slaves,

sugar, or tobacco. Columbus, however, did not sail in search of a new

land, but only of a new way to a market; and throughout the whole of the

earlier expansion of Europe, we shall miss much of its significance,

fail to understand its motives and methods, and misjudge its political

ethics and standards, if we allow ourselves to fall into the way of

thinking in geographical units, with their localized governments,

instead of imperially and in terms of commodities and trade.

In the struggle of nations, not for land, but for materials and markets,

on a world-scale, it has been necessary that each contending empire

should be as economically self-contained, as closely united politically,

and as militarily formidable as possible. Toward the close of the

seventeenth century, the conditions of successful competition were

beginning to stand out in somewhat clearer relief, as a result of the

blind gropings and fortuitous groupings of a century of experiment, in a

world whose economic possibilities had been but little known. In view of

these requirements, and of the way in which the local New England policy

ran counter to them, there is no need to invoke any malignant spirit, or

even any very deeply selfish aim, on the part of the later Stuarts, to

account for their attempt to unify and consolidate the Empire. Their

policy may have been shaped only gradually in their own minds, and, in

any case, could assume tangible form only by overcoming the obstacles of

existing conditions and institutions, and by the use of such instruments

as the times, fate, and their own natures allowed to them. The remainder

of this volume will be occupied with the efforts of themselves and their

successors to bring back the New England colonies into the general life

of the Empire, and to establish those political relations which were to

subsist for another century.

The first opportunity for putting into practice the new policy of

consolidated administration and royal control was offered by New

Hampshire when Massachusetts canceled the commissions of her officials

there, in accordance with the King's orders, in February, 1680.

Unfortunately for the colonists, and for any possible chance of success

for the new order, the question was complicated by the entirely

extraneous one of Mason's title to the land.[991] Technically legal as

that may have been, and not wholly without its points even on the ground

of abstract justice, it was not likely that squatters, who had enjoyed

all the rights of possession for two generations, and who had put their

labor into their property, would be willing to yield, even on nominal

terms, unless forced to do so. Juries would certainly have to be packed

if decisions so inimical to the pocket-books of the colonists were to be

obtained in courts upon the spot; and nothing but ill-feeling and a

travesty of justice could be anticipated, whichever way the verdicts

went; and the King had no intention of spending his hard-won income to

establish Mason's claims by force.

Footnote 991:

The story of the Masonian Proprietors is given by O. G. Hammond, _The

Mason Title and its relations to New Hampshire and Massachusetts_;

American Antiquarian Society, 1916.

Indeed, the royal policy at first was wholly conciliatory. The

government provided consisted of a President and council, appointed by

the King, and a popularly elected assembly, which latter was to make the

laws and levy the taxes, legislation being subject to veto by the

president and council in the colony, and by the King in Council in

England.[992] John Cutt, the first President, and Martyn, Vaughan,

Daniel, Gilman, and Waldron, of the Council, were all prominent men in

the colony; some of them had been officials under Massachusetts. In

fact, under this first royal government in New England, there was but

little change; and the code of laws enacted by the Assembly was

virtually a reënactment of the Massachusetts code, including some of the

characteristic Puritanical criminal legislation already objected to by

the English judges.[993] The laws which were passed confirming the

land-titles of towns and individuals, and providing that, in

controversies over lands, the juries should be “chosen by the freemen of

each town,” were, of course, aimed at the Mason menace, while the method

of selecting juries was inconsistent with English law in the matter.

Footnote 992:

The commission is given in _N. H. Prov. Papers_, vol. I, pp. 373

_ff._, and _Laws of New Hampshire Provincial Period_ (ed. A. S.

Batchellor, 1904), vol. I, pp. 72 _ff._ The government is described in

Osgood, _American Colonies_, vol. III, pp. 337 _f._, and Fry, _New

Hampshire_, pp. 66 _ff._

Footnote 993:

The so-called “Cutt Code” is in _Laws of N. H._, vol. I, pp. 11 _ff._,

and _N. H. Prov. Papers_, vol. I, pp. 382 _ff._

Having foreseen trouble over the land-question, the King had required

Mason to agree not to demand any compensation for his property prior to

June 12, 1680, and to confirm any individual in possession of his title

forever, subject to a quit-rent of not over sixpence in the pound,

reserving for his own disposition only the lands not already taken

up.[994] In December, Mason and his friend Richard Chamberlain, an

English lawyer, who had been appointed Secretary to the province,

arrived in New Hampshire, and, in compliance with royal orders, Mason

was given a seat in the Council.[995] In view, both of the difficulties

which had been experienced, for fifty years, with the colony's neighbor

on the south, and of the fact that the King had appointed local men to

all the government offices, the necessity of having at least one

official who could be relied upon for information was obvious, and

Chamberlain was instructed to transmit regularly reports of matters

transacted in his office.[996]

Footnote 994:

These conditions are given in Cutt's commission.

Footnote 995:

_Cal. State Pap., Col., 1677-80_, pp. 592, 608; _Ibid._, _1681-85_, p.

44; _N. H. Prov. Papers_, vol. I, pp. 420 _f._

Footnote 996:

_Cal. State Pap., Col., 1677-80_, p. 608.

The Council, however, not only made trouble about accepting him as

Secretary, but endeavored to bind him by an oath of secrecy, which would

have prevented the English government from obtaining information as to

events in that part of the Empire, and have brought about the same

absurd and impossible state of affairs, from an administrative

standpoint, which Massachusetts was trying to perpetuate. Indeed, the

attempt to govern the province by local officials broke down all along

the line. Perhaps the least serious of the difficulties was that Mason

was said to have “no more right to land in New Hampshire than Robin

Hood,” and that he was thwarted at every turn. So far as that was

concerned, he had already had but scant encouragement in England, where,

although his claims had to be acknowledged as having possible legal

validity, they seem to have been recognized, by a government anxious to

avoid trouble, as being likely to create a great deal more of it than it

cared to find on its hands. Had the local government shown any

inclination to meet the imperial one half-way in its endeavor to bring

about some sort of administrative connection between the two, and

observance of the Navigation Acts, it is probable that otherwise it

would have been left fairly free, and that the home officials would have

been glad enough to rid themselves of Mason by abandoning him and his

trouble-breeding claims to the local courts.[997] This, however, the

colonists refused to do. Complaints, some of them well-founded, began to

pour in to the authorities in England, not merely in regard to the

treatment of Mason, but as to the loyalty of the province, the

recognition of the King's authority, the character of the laws, the

refusal to observe the Navigation Acts, and other matters, which

indicated that the local government as organized could not cope with the

situation.[998] The Lords of Trade, therefore, reported that it would be

better to reorganize the government and appoint a governor from home,

both as a military and as an administrative measure. Aside from other

questions, there was evident danger in having a disloyal and

disorganized province on the French frontier in America.

Footnote 997:

_Ibid._, _1681-85_, pp. 27, 49 _ff._, 62 _ff._

Footnote 998:

_Cal. State Pap., Col., 1681-85_, pp. 49 _f._, 52 _f._, 138 _f._, 140

_f._

Amply justified as the English government might have been in its

appointment of a home official to the post of governor, its choice of

the individual selected was most unfortunate. It might be said, indeed,

to have been inexcusable, did not the memory of our own happenings

during the reconstruction of the South, for example, after the Civil

War, preclude too free a use of vivid but satisfying adjectives. Edward

Cranfield, however, whose commission was dated May 9, 1682,[999] was,

perhaps, the most sordid and reckless character who ever served the

Crown as a provincial governor, and might have sat as a model to any

“carpet-bagger” of our post-bellum period; and his three years in New

Hampshire are but mildly characterized as “an unbroken record of vulgar

oppression and extortion.”[1000]

Footnote 999:

_N. H. Laws_, vol. I, pp. 48 _ff._ His instructions, in part, are on

pp. 56 _ff._ _Cf._ _N. H. Prov. Papers_, vol. I, pp. 433 _ff._

Footnote 1000:

Osgood, _American Colonies_, vol. III, p. 348.

He had been but a short time in his new office when he began to have

dazzling visions of the wealth to be made by fishing in the troubled

colonial waters. He wrote to Secretary Blathwayt that, if he and his

friend Guinn would further his schemes in England, they should share

equally with himself in the plunder; and there seems good ground for

assuming that Blathwayt consented, and that the disgraceful

administration which followed lasted as long as it did by virtue of the

complicity of the bribed secretary in England.[1001] Cranfield's

astonishingly cool letter asking for a frigate, much as a highway man

might undertake to supply himself with a pistol, on the ground that it

would not only assist His Majesty's affairs, but would let himself and

his accomplices “in to other advantages,” is one of the most

delightfully frank state papers on record. He estimated that the

troubles in Maine might be brought to yield £3000; that, as both parties

to the Narraganset dispute had money, £3000 or £4000 would “not be

felt”; that selling pardons in Boston might yield £10,000; while,

besides other possibilities, the £5000 “collected for the Evangelizing

of Indians” might be “inspected into and regulated”—a suggestion

delicately veiled, but sufficiently obvious. While these enterprises,

fortunately, proved beyond his powers, no amount was too small to

attract him, and he showed an amazing adroitness in turning every

incident of his administration into money for himself, however remote

the possibility of doing so would have seemed to the casual observer.

Footnote 1001:

_Cf._ Cranfield's letters to Blathwayt in _Randolph Papers_, vol. VI,

pp. 124, 138 _ff._, 145. From the last it would seem that Blathwayt's

customary share was a third.

Besides the disreputable deal with Blathwayt, which had probably helped

to procure his appointment, Cranfield had also made one with Mason, by

which the latter agreed to pay him £150 a year, mortgaging the whole

province to him as security.[1002] It was, therefore, to the advantage

of the new Governor to force the people to accede to Mason's demands.

Although on his arrival, he expressed himself as friendly to the

colony,[1003] and had little difficulty with his first Assembly, he fell

out with it in its second session, and dissolved it, determined to rule

without one.[1004] As a result of the feeling over this action, a

disturbance, too insignificant to be called a revolt, was started by one

Edward Gove, who was claimed to be of unsound mind. However, he was

condemned to death by Cranfield, who confiscated his estate,—of which he

promised one third to Blathwayt,—and shipped the offender to England,

where, after a short stay in the Tower, he was released, in part owing

to appeals by Randolph.[1005]

Footnote 1002:

Belknap (_History_, vol. I, p. 153) states that he found the “Mss. in

the files.” I have never seen the paper, but there is a contemporary

reference to it in _N. H. Prov. Papers_, vol. I, p. 517.

Footnote 1003:

_Cal. State Pap., Col., 1681-85_, pp. 312 _f._

Footnote 1004:

_Ibid._, pp. 373 _f._

Footnote 1005:

_Ibid._, pp. 379, 389; _Randolph Papers_, vol. VI, p. 145, and

_passim_; _N. H. Prov. Papers_, vol. I, pp. 458 _ff._

It is needless to follow Cranfield's disreputable course in detail. It

was that of a petty but thoroughly unscrupulous tyrant, who had no

thought for the rights of the people whom he governed, or for the

interests of the Empire, and whose whole mind was concentrated on

picking pockets.[1006] Although the Assembly was twice convened again,

the deadlock between it and the executive was complete. Finally, after

an effort to collect taxes illegally, it became evident that the people

would stand no more, and Cranfield, who, somewhat unnecessarily, seems

to have been in fear of his life, wrote home asking for recall on the

score of his health and the difficult climate.[1007] Meanwhile, however,

the unfortunate inhabitants of the colony had succeeded in getting their

case before the Lords of Trade in England, who at once took

action.[1008] They wrote a sharp letter to Cranfield, demanding

explanations; and upon receipt of his defense, which they did not

consider satisfactory, reported to the King that he had exceeded his

authority, committed illegal acts, and failed to carry out his

instructions.[1009] They also requested that the King allow an immediate

appeal in the case of one Vaughan against Mason, in the matter of his

land-title, and that all proceedings in similar cases be suspended until

His Majesty's decision was known. Unfortunately, Vaughan lost the

appeal, the King deciding in favor of Mason; but at least Cranfield was

removed as governor, and his commission revoked, at the end of

1684.[1010] In order to get rid of the troublesome private claims of

Mason, a plan seems also to have been proposed by the English

government, the following year, by which he was to surrender all his

rights to the Crown in exchange for an annuity and the governorship of

Bermuda, as it was thought the people might more willingly recognize the

claims of the Crown than those of an individual.[1011] Nothing, however,

came of it, and, like a family curse, the Mason claims continued to

plague everyone concerned, including the proprietor himself.

Footnote 1006:

_Cf._ Vaughan's Journal, in _N. H. Prov. Papers_, vol. I, pp. 519

_ff._

Footnote 1007:

_Cal. State Pap., Col., 1681-85_, p. 649; _Randolph Papers_, vol. VI,

p. 150.

Footnote 1008:

_N. H. Prov. Papers_, vol. I, pp. 515, 557; _Cal. State Pap., Col.,

1681-85_, pp. 666 _ff._

Footnote 1009:

_N. H. Prov. Papers_, vol. I, pp. 562 _f._, 569 _ff._, 572; _Cal.

State Pap., Col., 1681-85_, pp. 670, 697 _ff._

Footnote 1010:

_N. H. Prov. Papers_, vol. I, pp. 570 _f._, 574; _Cal. State Pap.,

Col., 1681-85_, p. 739.

Footnote 1011:

_Randolph Papers_, vol. IV, pp. 59 _f._

That at this crisis in New England affairs, when the attempt was being

made to alter the relations of the colonies to the Crown, and to make

sweeping administrative changes, such a man as Cranfield could be chosen

to be the first representative of a royal executive, boded ill for the

practical success of any plans, however statesmanlike they might be in

conception. There would seem to be no room for doubt that his

appointment had been due to corruption and jobbery, which were likely to

be the stumbling-blocks in the way of any real improvement in imperial

government under the Stuarts. The Lords of Trade, indeed, as well as

Randolph, both realized and protested against the dangers of Mason's

claim, legal as it might be, and of the harm to be done by such an

appointee as Cranfield.[1012] Back-stairs intrigues and sordid

schemings, however, were too strong to be overcome in the court of

Charles, nor had there yet developed that powerful tradition of

integrity and honor, which has been so marked a quality in the civil

service of later England, although the foundations of such a tradition

were being laid at this very time by the excellent work being done by a

number of royal officials in other colonies.

Footnote 1012:

_Randolph Papers_, vol. IV, p. 17.

Nor must it be forgotten that there was little or nothing to attract a

man of first-rate ability, of high integrity, or of statesmanlike

quality, in the post of royal governor in the seventeenth century. Owing

to the remoteness of the colonies, their small populations, their lack

of culture and social life, the pettiness of their problems, and the

proneness of their inhabitants to quarrel with any royal official simply

as such, the office of governor could mean only exile, without prestige

or adequate pay, for any man to whom, from ability or position, a public

career was open in England. As for the hungry schools of smaller fish

who swam in their wake, eager to pick up a living in minor officialdom,

it may be said that they were wont to apply all too thoroughly our later

American maxim, “to the victor belong the spoils.” They were of the

universal type, transcending time or party, place or race.

In respect to the higher officials, the new policy of the Stuarts,

which, by the time Cranfield was removed, had become clearly marked,

might indeed, have brought an advantage. None of the New England

colonies—which ranged in population from the four thousand of Rhode

Island or New Hampshire, to perhaps ten times that number in

Massachusetts—could offer a problem, or a legitimate recompense,

sufficient to attract an able man as governor; but a dominion extending

from Virginia to New France, impossible as it was for other reasons,

might have done so. Nor were there less apparent advantages to be gained

from the administrative point of view, in a dominion which should

embrace all New England, such as was now being planned. After the fall

of the Massachusetts charter, and the dismissal of Cranfield, there were

seven jurisdictions in New England, some with settled governments and

some without: Connecticut, the King's Province, Rhode Island, Plymouth,

Massachusetts, New Hampshire, and Maine. To provide seven complete sets

of administrative machinery for the seventy thousand persons included in

these seven districts naturally seemed to the government in England to

be not only a waste of money and energy, but likely to interfere with

the best interests of the colonists themselves. The tariff wars, the

constant bickering over boundaries, and the lack of unity in military

affairs, which latter might easily prove fatal when opposed by a

unified, centralized power like France, all seemed to point to a

consolidation of the colonies as being a distinct step forward. New

England, at least, formed a geographical unit, with a population fairly

homogeneous in character; and a general government might be expected to

work with not more friction than had been developed from the absorption

of New Hampshire and Maine by Massachusetts.

Nor was the scheme confined solely to the minds of English Statesmen, or

to Randolph, who had urged it as early as 1681.[1013] Not to mention

others, so staunch an upholder of the old order as Samuel Sewall could

write to Increase Mather, then engaged in trying to obtain a new

charter, after the downfall of Andros, that, on account of the lack of

voluntary cohesion on the part of the colonies in the face of the French

danger, “it seems necessary that in the most convenient way as can be

procured, these lesser Governments be firmly compacted into one.”[1014]

The difficulties in the way of the plan, however, were great. The local

feeling of loyalty, on the part of the colonists, to their particular

colony, and distrust of the others, was amazingly strong in these little

commonwealths, the total population of any one of which was not greater

than that of a town or village of to-day. Although the inhabitants were

all Englishmen, of much the same faith, and engaged in the same

pursuits, the corporate and community life of the various colonies had,

in the short space of two generations, become differentiated to a degree

which is truly astonishing, and which the contemporary English

government may well be forgiven for not having been able to realize.

Moreover, the extent of territory and inadequacy of communication made a

centralized government peculiarly difficult for those governing, and

inconvenient for the governed. Lastly, the want of the right sort of men

for officials, and their probable lack of tact, and of sympathy with the

New Englanders at any time, and, particularly, in this one of

transition, would seem to have doomed the dominion to failure from the

start.

Footnote 1013:

_Randolph Papers_, vol. VI, p. 90.

Footnote 1014:

Sewall, _Letter Book_, vol. I, p. 115.

Fortunately, however, New England was saved, largely by Randolph, from

the presence of a governor who would have been far worse than Cranfield,

in the person of the subsequently notorious Colonel Percy Kirke, who had

been appointed by Charles.[1015] The death of the King made the

commission void; and Randolph's wise and persistent opposition carried

the day, so that James II found other work for the brutal colonel.[1016]

Randolph, indeed, had not hesitated to write that “whoever goes over

Governor with expectation to make his fortunes, will dis-serve his

Majesty, disappoint himself and utterly ruine that Country”; and that

there was “more need of a prudent man to reconcile then of a hot heady,

passionate Souldier to force.”[1017]

Footnote 1015:

_Cal. State Pap., Col., 1681-85_, pp. 718, 731 _f._

Footnote 1016:

Randolph wrote that nothing could be done if the people “be condemned

to that misery to have Coll. Kerk to be their Govr.”; and that he

himself would “rather have 100 lb. a yeare in New Engd. under a quiet

prudent Govr. then 500 lb.” under Kirke. _Randolph Papers_, vol. IV,

pp. 29, 3, 6, 18, 40, 88.

Footnote 1017:

_Randolph Papers_, vol. IV, pp. 16, 18.

In August, 1685, he suggested, in view of the inevitable delay in

settling New England matters, resulting from the death of the King, that

a temporary government be installed; and, a week later, the Lords of

Trade recommended the plan to James.[1018] It had been Randolph's wish,

as well as that of those citizens in the colony who saw that a change

was inevitable, that the governor and other officials, during the

transition period, should, as far as possible, be local men; and to this

the English government agreed, appointing Joseph Dudley as

Governor.[1019] It was well for Massachusetts in this critical time that

some, at least, of her leading men were not fanatically irreconcilable,

and that, in spite of the opposition of the clergy, so able an

administrator as Dudley was willing to take the hated office, and serve

at once both his colony and England.[1020] If the colonists preferred,

as they undoubtedly did, an administration formed from their own

citizens rather than from strangers, then the question before them was

similar to that put by General Lee to those irreconcilables in Virginia,

in 1867, who refused to vote for the Constitutional Convention. “The

question is,” wrote the general, “shall the members of the convention be

selected from the best available men in the State or from the worst?

Shall the machinery of the State government be arranged and set in

motion by the former or by the latter?”[1021] The colonists, indeed,

were given no choice as to the fundamental frame of their government;

but the powers given to the governor and council made the character of

those who held those offices, particularly the former, of vital

importance.

Footnote 1018:

_Cal. State Pap., Col., 1687-88_, pp. 77, 80.

Footnote 1019:

_Randolph Papers_, vols. III, pp. 317, 325, and IV, p. 13.

Footnote 1020:

Sewall, _Diary_, vol. I, p. 139. The old view of Dudley as a traitor,

which was held by the strong defenders of Puritanism and theocracy, is

largely passing. _Cf._ Osgood, _American Colonies_, vol. III, pp. 385

_f._

Footnote 1021:

J. F. Rhodes, _History of the United States_, vol. VI, p. 86.

Dudley's commission, which appointed him Governor of New Hampshire and

the King's Province, as well as of Massachusetts, and was thus the first

constructive step taken toward consolidation, also named the members of

his Council.[1022] With two exceptions, they were all New Englanders,

representative of the several districts, and included such men as the

Bradstreets, father and son, the two Winthrops (Wait and Fitz-John),

Stoughton, Bulkley, Pynchon, and Tyng, although the Bradstreets and

Saltonstall refused to serve.[1023] The exceptions were Mason and

Randolph; and when the latter heard that Mason had been named, he

hurriedly wrote to Sir Robert Southwell, begging that the New Hampshire

proprietor be advised “to moderation” or that he would “putt all in a

ferment.”[1024]

Footnote 1022:

The commission is in _Colonial Society of Massachusetts Publications_,

vol. II, pp. 37 _ff._

Footnote 1023:

_Randolph Papers_, vols. VI, p. 171, and IV, p. 86.

Footnote 1024:

_Ibid._, vol. IV, p. 48.

Although the Dudley government was avowedly temporary, its organization

foreshadowed the more permanent one soon to be provided, with Andros as

head. All executive and judicial power was placed in the hands of the

Governor and Council, except that appeals to England were provided for

in cases involving not less than £300. There was no provision for the

laying of new taxes or for passing laws, and the refusal to allow a

popular assembly was a serious administrative blunder. In spite of the

restricted franchise and the great influence of the clergy and a few

families in the public life of Massachusetts, the representative

assembly was the foundation of her political liberties, actual or

potential; and after being accustomed to it for fifty years, the people

could be counted upon not to submit willingly to a form of

administration in which they were deprived of all voice. Randolph,

Andros, and the Lords of Trade all seem to have been in favor of such an

assembly for purposes of legislation and taxation; and the new

government under Dudley recommended that it be granted.[1025] In spite

of this, however, and of the opinion of the Attorney-General that, even

after the forfeiture of the charter, the inhabitants of Massachusetts

still had the right to be directly represented in the making of their

local laws and levying of taxes, the King refused his consent.[1026]

While the refusal was a stupid error, which was certain to provoke the

people without any material advantage to the imperial organization, it

may be doubted whether, in truth, it was illegal. The whole matter of

the legal position of the residents in the dominions, as compared with

the dwellers in the realm, was an anomalous one. The situation resulting

from the expansion of England was unprovided for in the theory of the

constitution, much as the acquisition of dependencies by the United

States was unforeseen; and it is difficult to prove what legal rights an

Englishman may or may not have carried with him in emigrating beyond

seas in the seventeenth century. Although, largely as a result of the

so-called tyranny of Andros, New Englanders from this time onward began

to praise, and claim rights under, the common law of England, the force

of that law had previously been denied by themselves in statement and

practice.[1027] In similar case, it may be noted, our own Congress has

laid down the principle that constitutional rights do not of themselves

apply to the citizens of dependent territories, but only when expressly

extended by statute.[1028]

Footnote 1025:

_Cal. State Pap., Col., 1685-88_, pp. 81, 87 _f._; _Randolph Papers_,

vol. V, p. 3; “Records of Council Meetings under Dudley,” in _Mass.

Hist. Soc. Proceedings_, Series II, vol. XIII, p. 244 (hereafter cited

as _Dudley Records_).

Footnote 1026:

_Cal. State Pap., Col., 1685-88_, pp. 9, 81, 89.

Footnote 1027:

P. S. Reinsch, _English Common Law in the Early American Colonies_

(Bulletin of the University of Wisconsin, No. 31, 1899), pp. 8, 23.

Footnote 1028:

Willoughby, _Territories and Dependencies_, p. 51.

Randolph arrived with Dudley's commission in May, 1686, and on the 17th

the new government assumed office at a meeting of the General Court. The

members of that body unanimously protested against the legality of

Dudley's commission, but there was no forcible opposition, though, as

Sewall records, there were “many tears shed in prayer and at

parting.”[1029] The actions of the new government showed so much

moderation that Randolph soon began to chafe under restraint, and

complained that “twas still but the Govr & Company,” and that the

Navigation Acts were no more enforced than formerly.[1030] Sewall,

indeed, in his diary, dwells only on such minor imperial events as the

reintroduction of the cross in the ensign (which led him to resign his

commission), the drinking of healths, the desecration of Saturday

evening (considered in New England as part of the Sabbath), the increase

of periwigs, and the holding of services by an Anglican clergyman, in

accordance with the religious toleration insisted upon by the

King.[1031] Randolph, however, who perhaps understood the colonies

better than any other Englishman of the day, probably represented the

feeling more truly when he wrote that the people were dissatisfied for

want of an assembly, and that otherwise their main desires were for a

general pardon, for the confirmation of their land-titles, and for the

legal establishment of Congregationalism.[1032] We also get a glimpse of

the fire smouldering beneath the surface, in the refusal of the Council

to permit Captain St. Loe, Commander of H. M. frigate Dartmouth, to have

a celebration and bonfire ashore, not only, as the Council declared,

because the town was built of wood, but because “the spirits of some

people are so royled and disturbed that inconveniency beyond your

expectation may happen.”[1033]

Footnote 1029:

_Massachusetts Records_, vol. V, p. 516; Sewall, Diary, vol. I, p.

140; _Dudley Records_, p. 237.

Footnote 1030:

_Randolph Papers_, vol. IV, pp. 92, 114 _f._, 120 _ff._; _Dudley

Records_, pp. 227 _f._

Footnote 1031:

Sewall, _Diary_, vol. I, pp. 147 _f._, 156, 151, 142.

Footnote 1032:

_Randolph Papers_, vol. IV, p. 118. He was presumably speaking of the

voters.

Footnote 1033:

_Dudley Records_, pp. 270 _f._

With the appointment of Sir Edmund Andros, who arrived in December,

after Dudley had been in office about seven months, the Stuart policy

was advanced another step, and the Dominion of New England was soon to

receive a larger extension. The appointment also marked a distinct

advance in the quality of royal official; for Andros was of a type far

superior to the burglarizing Cranfield or the bureaucratic Randolph. He

had already served with honesty and ability as Governor of New York;

and, as the plans for colonial consolidation called for the eventual

union of that province with New England, his previous service in the

former naturally recommended him for the higher post. It is probable

that he had already been considered, even before the appointment of

Dudley.[1034]

Footnote 1034:

_Randolph Papers_, vol. IV, p. 13.

Although his commission of 1686 added only the small, now unimportant,

colony of Plymouth to the three already combined under Dudley, the plan

for uniting all those north of the Delaware had been definitely

formulated, and, as part of the process of reorganization, steps had

been taken to cancel the charters of Rhode Island and Connecticut.[1035]

After some consideration by the Lords of Trade in the previous year, it

had been determined not to await the organization of a permanent

government before proceeding against the two charter colonies, and

Randolph had brought writs of _Quo Warranto_ against each when he came

over with Dudley's commission.[1036] Before they could be served, the

time for the return of each had expired; but, nevertheless, Randolph

presented both of the “superannuated summons,” as he termed them, and

Rhode Island made an immediate surrender, precluding the necessity of

forcing the matter to a legal issue.[1037] That colony was thereupon

placed under the jurisdiction of Andros.[1038]

Footnote 1035:

The commission of 1686 is printed in _R. I. Records_, vol. III, pp.

212 _ff._; _Colonial Society Massachusetts Publications_, vol. II, pp.

44 _ff._; and _New Hampshire Laws_, vol. I, pp. 146 _ff._ The

instructions of that year are in the latter only, pp. 155 _ff._

Footnote 1036:

_Cal. State Pap., Col., 1685-88_, pp. 65, 67, 77, 87, 173, 182; _Conn.

Col. Records_, vol. III, pp. 347 _ff._, 356 _ff._

Footnote 1037:

_Cal. State Pap., Col., 1685-88_, p. 211; _Randolph Papers_, vols. IV,

pp. 97, 100, and VI, pp. 173, 178; _R. I. Records_, vol. III, pp. 193

_ff._

Footnote 1038:

_Cal. State Pap., Col., 1685-88_, p. 242; _New Hampshire Laws_, vol.

I, p. 168; _Randolph Papers_, vol. IV, p. 134.

Connecticut presented greater difficulties, and, owing to delays, a

second writ of _Quo Warranto_, served by Randolph, also became legally

void before service. Governor Dongan, of New York, who had hopes that

his province, and not Massachusetts, might be made the nucleus around

which the larger administrative unit would be built, was also making

efforts to annex Connecticut, either in whole or in part. Although twice

saved by delay, that colony realized that the tendency of the time

toward consolidation would probably prove too strong for her to remain

permanently isolated.[1039] Not only were her social and religious

affinities far closer with New England than with New York, but so, also,

were her economic ties. After some triangular fencing, therefore, with

Dongan, Randolph, and the home authorities, and the service of a third

writ, the General Court wrote to the English Secretary of State, that,

though the colony would prefer to remain independent, yet, if the King's

pleasure were otherwise, she would rather be placed under the

administration of Andros than joined with any other province.[1040] This

was taken to mean acceptance of the royal wishes, the _Quo Warranto_

proceedings were dropped, and Andros was ordered to add Connecticut to

the Dominion, which, six months later, was extended to embrace New York

and the two Jerseys.[1041]

Footnote 1039:

_N. Y. Col. Docts._, vol. III, pp. 385 _ff._; _Conn. Col. Records_,

vol. III, pp. 366 _f._; _Randolph Papers_, vol. IV, p. 78.

Footnote 1040:

_Conn. Col. Records_, vol. III, pp. 377 _f._

Footnote 1041:

_Ibid._, pp. 379 _ff._; _New Hampshire Laws_, vol. I, pp. 171 _ff._;

_Cal. State Pap., Col., 1681-85_, pp. 382, 387, 463, 472.

The difficulties involved in attempting to administer so vast a

territory, possessed of wholly inadequate means of communication, and

embracing such a variety of social, religious, and economic communities,

were virtually insuperable in the seventeenth century. Difficult as the

task would have been in any case, it was rendered hopeless from the

outset by the opposition of all the colonies involved, and by the lack

of properly qualified men to administer the government, as well as by

those faults of the Stuarts which, it was now evident, could be counted

upon to wreck any administrative policy.

The choice of Andros, however, as the man to be entrusted with bringing

about the enormous changes incident to the new policy, while not

altogether happy, was probably as good a one as the circumstances of the

case allowed. The task of making the new government successful from the

standpoint of the King, and acceptable to the inhabitants, was beyond

the power of any man; and under James few were available for foreign

administrative posts who would be likely to be sympathetically inclined

toward the peculiarities of New Englanders. In an exceedingly difficult

position, with his choice of subordinates mainly limited to greedy

place-seekers from home and honestly disaffected colonials, Andros seems

to have carried out his orders with loyalty and probity, though not

always with tact or discretion.[1042]

Footnote 1042:

Of the modern scientific historians, Professor Channing is, perhaps,

the one who takes the most unfavorable view of Andros. _History_, vol.

II, pp. 180 _ff._ _Cf._, however, Osgood, _American Colonies_, vol.

III, pp. 394 _ff._, and Kimball, _Dudley_, pp. 43 _f._ The change in

attitude toward Andros, which dates from the publication of the

_Andros Tracts_ in 1868, does not seem to me to be as much invalidated

by the later publication of the _Andros Records_ as Professor Channing

considers.

The powers given to him in his commission and instructions were very

broad, and, under the conditions existing in the colonies, had he, in

truth, been the “tyrannical Bajazet” which he was proclaimed by the

Reverend Mr. Mather, the story of his brief rule would have been very

different from what it was in reality. As had been the case in the

temporary government of Dudley, there was no provision made for a

popular assembly, although Andros himself had no objection to such a

body, and had even tried to secure one for the inhabitants of New York

when Governor of that colony.[1043] The King, however, had steadily

opposed it in both provinces; and instead, the Governor, “by and with

the advice and consent of” the Council, or the majority of them, was

empowered to make all laws—which, it may be noted, was the exact wording

of the Act passed by Congress in 1804 for the government of Louisiana

after its purchase from France.[1044] The judicial and taxing functions

of the government were bestowed under the same conditions, though the

laws passed were to be approved in England, and appeals were allowed in

cases involving over £300. Although, apparently, the consent of the

Council was required in the above matters, the further power granted the

Governor, to suspend summarily any member of it “from sitting voteing

and Assisting therein,” if he should find “just cause,” gave him

virtually sole authority in the event of disagreement between them and

himself, in any case which he considered just.

Footnote 1043:

_N. Y. Col. Docts._, vol. III, p. 235.

Footnote 1044:

_Colonial Society Massachusetts Publications_, vol. II, p. 46;

_Organic Acts for the Territories of the United States_ (Senate Doct.

No. 148, 56th Congress, 1st Sess.), p. 18.

Such clauses in his instructions as those which required that, except in

cases of extraordinary necessity, he was to act with not less than seven

members of his Council, although his commission placed the limit at

five, and that, further, he was to permit the members to “enjoy freedom

of Debate and Votes in all things,” would seem to indicate that the

English authorities intended the Council to occupy a position of

importance in the scheme of government. But the scheme was one which

could hardly be workable. If the Council were, in reality, a body of

representatives of various sections and parties, it would necessarily

contain a large number of irreconcilables, who would constantly be

outvoted, as the Crown could not be expected to appoint a majority from

the opposition. Had the Governor, as was the case in many of the royal

colonies, possessed the executive power, and an elected assembly the

legislative, then the struggle between them would have taken the course

with which the student of colonial history is so familiar. In the scheme

of government which Andros was supposed to carry out, however, as in

that temporarily provided for Louisiana, the usual rôles of governor and

legislature were reversed, and Andros could quite legitimately consider

himself the sole legislative power, his acts being merely subject to

approval by a body the members of which were, in the first instance, at

least, removable by him. For a half-century, the one policy of the

leaders of Massachusetts, in their effort to balk England's efforts at

control, had been to “avoid or protract,” and it is not likely that that

policy would be suddenly laid aside. The complaints made in general

terms by five of the later accusers of Andros, that in legislation he

did not give sufficient opportunity for debate, that laws were passed

with only a bare quorum, and that, sometimes, the votes were not

counted, cannot, even if true, be taken as very serious charges,

considering his actual powers, and the practical difficulties which

beset him.[1045]

An attempt was, indeed, made to have the Council, which at first

comprised twenty-seven members, roughly representative of the various

parts of the Dominion; and, as other provinces were added, the

membership was enlarged to permit the seating of members from them. Nor

were prominent names wanting in the list, which included Dudley, the two

Winthrops, Stoughton, Hinckley, William Bradford, Arnold, Tyng, Pynchon,

Treat, and Allyn.[1046] Under the circumstances, however, such an

attempt was bound to break down, for important men from other parts of

the Dominion could not be expected to remain permanently in Boston, or

to make frequent and long journeys thither, in order to attend meetings

of a body whose only powers were those of advice and veto, and even

those of none too strong a character. It was entirely natural,

therefore, that, during the brief rule of Andros, the actual conduct of

affairs should tend, more and more, to be guided by his own will and

that of a clique among the councillors, and that attendance at the

meetings should have steadily dwindled.

Footnote 1045:

_Andros Tracts_, vol. I, pp. 140 _ff._

Footnote 1046:

_Andros Records_, in _American Antiquarian Society Proceedings_, N.

S., vol. XIII, pp. 239, 483.

As in the case of New Hampshire, the question of the establishment of a

new administrative machinery was complicated by the distinct one of

titles to the land. In the former case the unhappy complication had been

forced upon the English government, as the question in that province had

not been as to the rights of the Crown against those of its subjects,

but as to the legal claims of one subject against those of others. In

Massachusetts, the case was entirely different; and although the

colonists were technically at fault in not having taken out valid titles

when they might readily have done so, nevertheless, the course of the

English government was both stupid and unjust.

Throughout all the colonies in the early period, there was a general and

rather likeable prejudice against professional lawyers. But,

unfortunately, that prejudice, if indulged in too rashly in civilized

society, is apt to entail some _mauvais quarts d'heures_ on occasion. In

New England, not only was there an almost total absence of professional

lawyers, but there seems to have been very little legal knowledge among

any class in the community. The most marked difference between the

libraries of that section and those of Virginia, in the seventeenth and

eighteenth centuries, is the rapidly increasing number of law-books to

be found on the shelves as we journey southward. In New England, not

only was the whole administration of justice in the hands of laymen who

had little or no knowledge of law, but the most important legal

questions with reference to the charter were, in virtually every case,

referred to the clergy, who seem to have been delightfully ignorant of

legal theory and practice, as evidenced both by their decisions and by

the fairly complete absence of any books on the subject in their

studies. They had proved but blind leaders of the blind, and the

insistence upon popular, but erroneous, interpretations of charter

rights, which had necessitated the voiding of that instrument, now

threatened an overwhelming disaster, which might easily have been

averted had the leaders been possessed of better legal training.

As we saw in an earlier chapter, virtually all the land granted in

Massachusetts, as well as in those other New England colonies which

possessed charters, had been bestowed upon towns in their corporate

capacity, and by them granted to individuals. But as the original

company had had no power to create other corporations, the towns, as

such, had no legal existence, and could not, therefore, give valid title

to land. Moreover, a company could not act except under its seal; which

the Massachusetts Company had rarely used in giving title. It may well

be that Randolph was far nearer the truth than usual in his figures,

when he wrote to Blathwayt that he did not believe that “10 men hold of

better Title then Town Grants or Indian Purchase and not Three have a

Grant legally executed.”[1047] Just as the substitution of Exodus,

Deuteronomy, and the discretion of the magistrate for the common law of

England could continue workable only so long as too many alien elements,

which would naturally find such a system “uncongenial and oppressive,”

were not added to the population, so a land-title, as derived by the

Reverend Mr. Higginson from “the Grand Charter in Genesis 1st. and 9th.

Chapters,” from Adam through Noah, could remain satisfactory only until

questioned by purchasers more used to modern forms.[1048] One of the

last acts of Connecticut under her charter, before submitting, had been

to validate land-titles by confirming under seal, to individuals, all

lands previously granted through towns; thus there was no land question

in Connecticut.[1049]

Footnote 1047:

_Randolph Papers_, vol. VI, p. 218.

Footnote 1048:

Reinsch, _English Common Law_, p. 11; _Andros Tracts_, vol. I, p. 88.

Footnote 1049:

_Conn. Col. Records_, vol. III, pp. 177 _f._ _Cf._ C. J. Hoadly,

_Hiding of the Charter_ (Acorn Club, 1900), pp. 14 _f._

But, aside from land in individual possession, there were, in most of

the colonies, very large amounts as yet ungranted at all, or still

possessed and used by towns in the then essential form of “commons” for

wood and pasture. Andros, in his instructions, had been directed to

dispose of all lands “yet undisposed of,” and others “for which Our

Royall Confirmation may be wanting,” for a moderate quit-rent, not under

two shillings and sixpence for every hundred acres. He was also

instructed that no man's “Freehold or Goods” were to “be taken away or

harmed,” but by laws agreeable to those of England.[1050] How far it may

have been the considered policy of the home government to take advantage

of the technical invalidity of title to allotted land, and how far such

attempts as were made may have been due to Andros's own reading, correct

though it was, of his orders, it is impossible to say. That the Crown

came into possession of the unallotted lands could be disputed by no

one. In regard to those that had been improved, the only statesmanlike

action would have been to confirm existing titles without rent. They

were, to a great extent, in the hands of innocent holders, who had

naturally believed that the colony's leaders, lay and clerical, who for

two generations had constituted the government, would have known enough

to give a valid title when they granted land.

Footnote 1050:

_New Hampshire Laws_, vol. I, pp. 159 _f._, 162.

Not only had the people for a long period enjoyed undisturbed

possession, but, to a considerable extent, as we have already pointed

out, New England had been settled by emigrants to whom such possession

of land in fee simple had been the main attraction. In fact, in respect

to land, the New England migration had accomplished what the English

Revolution had failed to do, and had virtually redistributed property.

It has often been said—not quite truly, perhaps—that the English

movement did not succeed because it left the injustices and inequalities

of the English property system untouched. To have done otherwise would

have meant the expropriation of a large and powerful class. In the

wilderness of America, the unlimited fund of free land could be drawn

upon for the purpose, and an economic leveling be accomplished with no

disturbance of existing rights. It was another of the results of the

influence of the frontier, to which, in the story of America, we have to

come back over and over again; for it was in this free and abundant land

that were sown the seeds of democracy and revolution. In New England,

owing in part to social and in part to geographic factors, the

equalizing of economic status had proceeded further, perhaps, than

anywhere else at that time; and the resultant wide distribution of small

holdings would there cause the maximum, both of dissatisfaction with any

policy attacking titles, and of difficulty in enforcing it.

It is, perhaps, only fair to say that the English government may not

have realized the full extent of the popular feeling, and that they

probably thought that the sum asked, which was less than a third of a

penny per acre, would be willingly paid as a means of permanently

validating the imperfect titles. All those residents of Boston

interested in the Narragansett country had voluntarily offered, a year

previously, to pay such a quit-rent as the amount asked later, and the

government of Massachusetts itself had collected quit-rents from its own

citizens in Maine.[1051] The policy of questioning all titles

constituted a typical example of Stuart injustice and ineptitude; and

the few test cases which Andros brought were handled in a way to afford

the greatest degree of apprehension and irritation. The needy and

ill-paid minor officials, upon whom he had to depend in large part for

the details of his administration, immediately scented plunder, and

sought recklessly to profit by it. Although the actual number of cases

in which titles were attacked individually was very small, the theory on

which the cases were based threatened virtually every individual outside

of Connecticut; and it is hard to conceive of any other blunder that the

government could have made which would, so instantly, have arrayed an

entire population in opposition. It is unnecessary to go into the

details of the cases, for there is but one answer to the question, “What

people that had the spirits of Englishmen could endure this?”[1052]

Footnote 1051:

_Cal. State Pap., Col., 1681-85_, pp. 22, 386, 527; _supra_, chap. XV;

_Dudley Records_, p. 276.

Footnote 1052:

_Andros Tracts_, vol. I, p. 87. The cases are given on pp. 88 _ff._

_Cf._ Palmer's defence, _Ibid._, pp. 49 _ff._; Also, Sewall, _Letter

Book_, vol. I, p. 68 _n._; Bond, _Quit-rent System_, pp. 42 _ff._

Cranfield, who had had hopes of getting the governorship of

Massachusetts for himself, had predicted that all might go well there,

“provided that Religion and Tertenancy doe not hinder”; and, at least,

had thus shown himself capable of picking out two of the probable rocks

on which the Dominion policy might founder.[1053] The fact that the new

government was pledged to allow liberty of conscience to all persons

would, in itself, have been sufficiently obnoxious to the clergy and old

church party, even had not the clause been added that the Church of

England was to be especially encouraged.[1054] Andros had been preceded

in his arrival by the Reverend Mr. Ratcliffe, a minister of that church,

and “extraordinary good preacher,”[1055] and Randolph and Mason had

petitioned for the use of one of the three Boston meeting-houses in

which to hold services. This, quite naturally, had been refused, and the

services were being held in the Town-house when the new Governor reached

Boston. Andros repeated the request, and was again refused, the

Town-house continuing to be used until the following March, when the

Governor once more reopened the question. Having no better success than

before, he obtained the key of the South Meeting-house from the sexton,

and forced the issue.[1056] From that time forward, the two

congregations held services there on Sunday mornings, the one following

the other. The sermons of the Puritan divines were of such inordinate

length that even the late Dudley government, though firm in the faith

and New England bred, had to pass a resolution that “the minister that

preaches on Thursday next be prayed from this Court to hasten his Sermon

because of the short days”;[1057] and one Sabbath morning was scarcely

long enough for two clergymen. Moreover, the wholly warranted sense of

injustice felt by the Congregationalists would not tend toward easing a

situation which, in the best of cases, would have been likely to breed

constant ill-feeling. Ecclesiastical quarrels are never lacking in

venom, and the intensity of the friction developed in the present case

was naturally intense. Within the year, however, the Episcopalians made

an effort to build a church of their own, though not without difficulty,

for Sewall, who was one of those who complained of their using the

Meeting-house, refused to sell them land upon which “to set up that

which the People of N. E. came over to avoid.”[1058] But a new church

was at last built, although Andros never worshiped in the King's Chapel,

as it was called, the Revolution occurring before its completion. His

religious sincerity is witnessed by the fact that, when he sailed for

England, virtually a prisoner, he left £30 as a gift toward the

building.[1059]

Footnote 1053:

_Randolph Papers_, vol. VI, p. 123.

Footnote 1054:

_Colonial Society Massachusetts Publications_, vol. II, p. 54; _New

Hampshire Laws_, vol. I, p. 161.

Footnote 1055:

_John Dunton's Letters_, p. 138.

Footnote 1056:

Sewall, _Diary_, vol. I, pp. 141, 162, 171 _f._

Footnote 1057:

_Dudley Records_, p. 277.

Footnote 1058:

Sewall, _Diary_, vol. I, p. 207. Sewall's remark was evidently made to

work off his spleen, for he adds, laconically, “besides 'twas

Entail'd.”

Footnote 1059:

H. W. Foote, _Annals of King's Chapel_ (Boston, 1882), vol. I, p. 90.

Arbitrary and unnecessarily irritating as was the Governor's course in

the matter, it must be confessed to have been a very mild form of

religious tyranny, as compared with that customarily indulged in by the

Puritans themselves. But in various minor ways he gave additional

offense to the clergy and more bigoted laymen, whose Puritanism had at

this time reached its narrowest point. On Christmas Day, the observance

of which was punishable by fine under the colony's laws, Sewall sadly

observes that the “governor goes to the Town-House to Service Forenoon

and Afternoon”; though he takes some heart by noting that “shops open

today generally and persons about their occasions.”[1060] A little

later, Increase Mather writes in his diary, that “this Sabbath

[Saturday] night was greatly profaned by bonfires &c. under pretence of

honor to the King's Coronation.” A sort of secondary Sabbath had been

developed by the clergy about the mid-week “lecture,” and on one of

these days, Mather notes that “Sword playing was this day openly

practised on a Stage in Boston & that immediately after the Lecture, so

the Devil has begun a Lecture in Boston on a Lecture day which was set

up for Christ.”[1061] Happily, the old order was changing, and the

community was gradually loosening the shackles of what, for most, had

become merely a dreary formalism.

Footnote 1060:

Sewall, _Diary_, vol. I, p. 163.

Footnote 1061:

_Mass. Hist. Soc. Proceedings_, Series II, vol. XIII, pp. 410 _f._

In an earlier chapter, we attempted to show what a change was wrought in

the attitude of the Puritans when they passed from opposition to the

government in England to the control of that in the colony. Under

Andros, they now once more found themselves in opposition; and it is

instructive to note in how many particulars they again proclaimed as

tyranny what they had themselves been practising. We have seen how laws

had been passed prohibiting anyone from settling in the colony, or

leaving it without the consent of the rulers. These laws had never been

repealed by the colonial authorities, but it was now complained that

“whereas by constant usage any person might remove out of the countrey

at his pleasure, a Law was made that no man should do so without the

Governours leave.” In view of the continuous refusal of the Puritan

government, when in power, to permit any dissatisfied citizen to go to

England to lodge complaint against their arbitrary acts, of which

refusal many examples have been cited, the complaints against Andros in

the matter are an amusing instance of immediate change of feeling upon

discovering whose ox was being gored. There is nothing to indicate that

Andros had any intention of preventing anyone from carrying an appeal;

but the same writer who complained of the above act goes on to say, with

an entire lack of humor, considering the past history of the colony,

“how should any dissatisfied persons ever obtain liberty to go to

England to complain of their being oppressed by Arbitrary

Governours?”[1062] As a matter of fact, dissatisfied persons now

possessed that liberty for the first time in the history of

Massachusetts.

Footnote 1062:

_Andros Tracts_, vol. I, pp. 80, 142. The act is given in vol. III,

pp. 92 _f._

Under the former régime, the right to organize churches, the regulation

of the schools, and the licensing of printing, had all been kept rigidly

under the control of the government, which meant the representatives of

the minority of the population constituting the Congregational church.

But a loud cry of tyranny was raised when the new government passed an

act that no schools should be kept except “such as shall be allowed,”

and established Dudley as censor of the press, which Hutchinson admits

merely changed its keeper.[1063]

Footnote 1063:

_Andros Records_, pp. 467, 249; Hutchinson, _History_, vol. I, p. 318.

Andros was required by his instructions not to allow unlicensed

printing. _New Hampshire Laws_, vol. I, p. 166.

The order that all records of the former governments should be lodged at

Boston undoubtedly entailed hardship for anyone who wished to examine

them; and the requirement that final action in the probating of wills or

granting letters of administration, in estates of the value of over £50,

must take place in Boston was also an unpractical attempt at

bureaucratic centralization.[1064] Moreover, West, to whom Randolph had

farmed out the office of Secretary, was a peculating subordinate, of

whom Randolph later wrote that he “extorts what fees he pleases, to the

great oppression of the people, and renders the present government

grievous.”[1065] The legal fees, as enacted in 1687, were fair and

moderate,—that for the probate of a will, for example, being ten

shillings,—and there is only questionable evidence for Hutchinson's

statement, inaccurate in another respect, that the usual charge was

fifty shillings.[1066] But there is some evidence that West and some of

the minor officials attempted extortion even after the establishment of

an official scale; and Randolph complained that two of them, West being

one, were insubordinate in Maine, where they “were as arbitrary as the

great Turke,” and were upsetting matters already settled by

Andros.[1067] How far Andros might have been able to organize the

enormous and administratively unwieldy dominion, and rid himself of

unreliable subordinates, had he been given time, cannot be known, as he

was to have only a few months in which to do so after the addition of

the southern provinces.

Footnote 1064:

_Andros Records_, p. 467; _Cal. State Pap., Col., 1689-92_, p. 202;

_Randolph Papers_, vol. VI, p. 271; _Conn. Col. Records_, vol. III,

pp. 423 _f._

Footnote 1065:

_Randolph Papers_, vols. VI, p. 223, and IV, p. 198.

Footnote 1066:

Hutchinson, _History_, vol. I, pp. 320 _f._ For the legal fees under

the Dudley and Andros administrations _vide_ _Dudley Records_, pp.

242, 245, 283; _Andros Records_, pp. 266, 467; _Randolph Papers_, vol.

IV, pp. 147 _ff._

Footnote 1067:

_Ibid._, pp. 226, 228.

Aside from these and other difficulties, his administration would

undoubtedly have been wrecked on the question of taxation, whether the

Revolution had occurred in England or not. He himself, and every one

else apparently, except the King, realized the necessity for an elected

assembly; but it had been denied, and there was, therefore, nothing to

do but to levy the taxes without the direct consent of the people. Under

his commission, Andros, “by and with the advice and consent” of a

majority of his Council, had been given power to levy such taxes as

might be necessary for the support of the government;[1068] and at the

session of March 1, 1687, a general bill, embodying some former ones,

was presented for consideration. It aroused warm discussion over

details, and both the records, and the long subsequent complaint of

Stoughton and others that Andros had “held the Council together

unreasonably a very long time about it,” would indicate that on that

day, at least, there had been no suppression of freedom of debate.[1069]

After a second reading, and a lapse of two days, it was passed on the

third day, _nemine contradicente_, according to the records, though the

complainants, several years later, claimed that the vote had not been

counted, and that many of the councilors had remained silent, under

“great discouragement and discountenance.”[1070]

Footnote 1068:

_Colonial Society Massachusetts Publications_, vol. II, pp. 46 _f._

Footnote 1069:

_Andros Records_, pp. 256; _Andros Tracts_, vol. I, pp. 139 _f._

Footnote 1070:

_Andros Records_, p. 258; _Andros Tracts_, vol. I, p. 140. Part of the

complaint is disproved by the written record.

The attempt to levy the tax met with immediate resistance in Essex

County, and particularly in the town of Ipswich, where the men assembled

in town-meeting refused to elect an assessor. Under the leadership of

John Wise, certain of the inhabitants drew up a protest, stating that

their liberties as Englishmen had been infringed, and refusing to pay

any taxes not levied by an elected assembly.[1071] Twenty-eight were at

once arrested, of whom a number, “appearing more ingenuous and less

culpable,” were promptly released.[1072] Six, however, supposed to be

the ringleaders, were thrown into prison at Boston, a writ of _habeas

corpus_ having been denied.[1073] When they were later brought to trial,

Dudley was the presiding judge, and Wise claimed that the jury was

packed for the occasion. The six were fined, in all, £185, and forced to

pay heavy charges in court fees, while Wise was suspended from his

ministerial functions. The fines were large, but the offense naturally

was serious in the eyes of Andros, who had, perforce, to carry out a

policy not of his own making; and it may not be unfair to recall that,

in the days when the “saddle was upon the Bay mare,” the Puritans had

levied fines of £750 upon Dr. Child and his fewer associates.

Although the towns, as has been stated, had never had legal standing as

corporations, and, with the overthrow of the charter, had ceased to have

a political one, the new government had, nevertheless, allowed them to

continue functioning much as usual. As a result of the attitude of those

in Essex on the tax-matter, however, the Council passed a law limiting

town-meetings to one a year for the purpose of electing local officers,

and thus struck at the very root of popular government in the

colony.[1074]

Footnote 1071:

_Ibid._, pp. 83 _ff._; _Randolph Papers_, vol. IV, pp. 171 _ff._

Footnote 1072:

_Andros Records_, pp. 477 _f._

Footnote 1073:

The right of _habeas corpus_ under the Statute of Charles II, 1679,

did not apply to the colonies. It is questionable whether our rights

to it depend upon that statute or the common law. _Cf._ A. H.

Carpenter, “Habeas Corpus in the Colonies,” _American Historical

Review_, vol. VIII, pp. 19 _f._ In spite of the charges against

Andros, the leaders apparently took the ground, before his arrival,

that the right did not extend to the colony. _Cf._ Mather Papers,

_Mass. Hist. Soc. Coll_., Series IV, vol. VIII, p. 390.

Footnote 1074:

_Andros Records_, p. 494; _Conn. Col. Records_, vol. III, pp. 427

_ff._

The addition of one colony after another, in rapid succession, to the

province for which Andros was responsible, raised administrative

problems of the gravest sort, and had necessitated journeys from Boston

to Rhode Island, Connecticut, and New York. When the last-named had been

placed under his rule, in 1688, he had also been given the main control

over Indian affairs for nearly all English North America, and had also

had to journey to Albany for a conference with the Mohawks. With wholly

inadequate assistance from the greedy office-seekers, who in large part

formed his staff, his position was certainly an unenviable one. It was

not long before the Indian question on the eastern frontier, with the

larger danger of the French lurking in the background, also arose, to

add to the difficulties of the harassed Governor. It was,

unquestionably, a wise policy to unite the Indian affairs of all the

colonies under one head; for the French in the valleys of the St.

Lawrence and the Mississippi now threatened the entire rear of the

English empire on the continent, and in the impending struggle between

the two, the allegiance of the Indian tribes dwelling between them would

become a factor of supreme importance. The disunited English colonies,

quarreling among themselves, and wholly selfish in the various policies

pursued by them in relation to the natives, offered a contrast, palpable

enough to the savages, to the unified control of the French.

Andros had already made one trip to the eastward, in the spring of 1688,

for the purpose of restoring the fort at Pemaquid; and while there, had

despoiled the home of St. Castine, an intruding French trader, who was

living a half-savage life with an assorted selection of Indian wives,

more notable for number than for virtue.[1075] The Governor called

together the sachems of the local tribes, endeavored to bind them to the

English cause, and then had to proceed to New York. While he was

detained there, several minor Indian attacks occurred at New Haven, up

the Connecticut River, and in Maine, resulting in the killing, in all,

of some twenty-six whites.[1076] After a proclamation ordering the

Indians to restore their prisoners and surrender the murderers had

proved unavailing, Andros organized an expedition of several hundred

men, and himself marched with them into Maine, destroying many of the

Indian settlements, and capturing much of their ammunition and

supplies.[1077] Randolph claims, however, what is confirmed by other

documents, that Boston merchants sent the enemy a vessel of forty-two

tons loaded with powder, shot, and food, and so undid much of Andros's

work.[1078]

Footnote 1075:

_Randolph Papers_, vol. IV, pp. 224 _ff._

Footnote 1076:

_Hutchinson Papers_, vol. II, p. 309; _Randolph Papers_, vol. IV, p.

276; _Andros Tracts_, vol. II, p. 207.

Footnote 1077:

_Cal. State Pap., Col., 1685-88_, p. 615; _Andros Tracts_, vol. III,

pp. 21 _f._

Footnote 1078:

_Randolph Papers_, vols. IV, p. 277, and VI, p. 294. This is confirmed

in _Cal. State Pap., Col., 1689-92_, pp. 212, 564, 585. _Cf._, also,

_Andros Tracts_, vol. III, p. 24.

The Indian troubles were made the basis for the spreading of alarming

rumors that Andros was intending to turn the colonies over to France,

and introduce popery, and even that the Mohawks were to be called in to

destroy Boston. All sorts of trumpery evidence was adduced to lend color

to these unfounded libels, to which even Increase Mather did not

hesitate to lend his influence.[1079] While they were utterly without

foundation so far as Andros was concerned, who treated them with

deserved contempt, they fitted in with both the religious and political

fears of Protestant Englishmen in the closing years of the Stuarts.

Moreover, recently published letters of Randolph now show that he, at

least, had begun to trim his sails to meet a possible breeze from Rome,

should James make England a Catholic country; and his suggestion as to

the superior usefulness of Jesuits, as instruments among the Indians,

and even of the possibility of establishing a monastery, may have been

noised abroad.[1080] As we have already noted, the mentality of the

Massachusetts of this period was peculiarly liable to panic and

fantastic fears; and whether or not the leaders believed the fables they

spread, they undoubtedly realized that the readiest way to organize a

revolution against Andros would be by religious prejudice.

Footnote 1079:

_Ibid._, vols. I, pp. 30, 101 _ff._, and II, pp. 50 _f._

Footnote 1080:

_Randolph Papers_, vol. VI, pp. 242 _f._, 246, 251.

It is probable that the fundamental weakness of the King's policy would

have borne its natural fruit, even had there been no Revolution in

England; but that event was to offer the most favorable opportunity for

the minor movement in the colony. Andros was still at Pemaquid when he

received what was probably his first intimation of the coming attempt to

overthrow the government in England, in the form of a proclamation,

which the King ordered to be published, calling upon all subjects to

show their loyalty in view of a threatened invasion from Holland.[1081]

By the end of March, 1689, the Governor was back in Boston, and, ten

days later, young John Winslow arrived from the island of Nevis, with

news of Prince William's landing in England and a copy of his

declaration.[1082] Rumors had also reached Andros, who requested Winslow

to show him the declaration as confirmation. On Winslow's refusal,

Andros told him he was “a saucy fellow,” and had him committed to jail

for overnight, releasing him in the morning, when he showed the paper to

the magistrate.[1083]

Footnote 1081:

_Andros Tracts_, vol. I, p. 75 _n._

Footnote 1082:

_Ibid._, pp. 77 _f._; _Randolph Papers_, vol. IV, p. 277; _N. Y. Col.

Docts._, vol. III, p. 581.

Footnote 1083:

_Andros Tracts_, vols. I, p. 78, and II, p. 209; _Randolph Papers_,

vol. V, p. 57.

Andros's position was a difficult one. Although not in sympathy with

much both in the religious position and in the absolutist tendencies of

his Stuart masters, he had to the full the soldierly qualities of

obedience and loyalty, and on the 16th of April, he wrote to Brockholls

in New York that there was “a general buzzing among the people,” and

warned the magistrates and officers to be on their guard against

probable trouble.[1084]

Footnote 1084:

Cited by Hutchinson, _History_, vol. I, pp. 332 _f._

Two days after, on the 18th, the storm broke in Boston. There is

evidence to indicate that the leaders had laid their plans some time in

advance, and that the staging of the events followed a preconcerted

arrangement, in spite of their feigned ignorance.[1085] Early in the

morning, armed crowds of men and boys proceeded to the centre of the

town from either end, captured Randolph, several of the justices, the

sheriff, a number of the captains, and others of the government, and

locked them in the jail. Andros had already taken refuge in the fort,

while Dudley was absent on Long Island. Bradstreet, Danforth, and others

of the popular leaders were escorted to the Town-house, and at noon a

lengthy, and certainly not hastily prepared, declaration was read to the

assembled people from a balcony.[1086] It was an able, but exceedingly

biased, indictment of the Andros government, while the art of the

demagogue was evident in the weaving in of old slanders as to the

Governor's pretended treachery with the French and Indians, the raking

up of the Popish Plot in England, and a passing tribute to the “Scarlet

Whore.” It ended with flattering references to the Prince of Orange, and

the statement that the persons of “those few Ill men,” who had been the

authors of the colony's misery, had been seized lest they should have

given the province “away to a Forreign Power,” before orders might be

received from the new Parliament. The wording would indicate that it had

been expected that Andros, and perhaps Dudley, who, with Randolph, were

certainly the chief of the “ill men” in popular estimation, would

already have been in custody by the time it was read. Andros's having

taken refuge in the fort probably upset the plans in that respect. The

paper contains every internal evidence, indeed, of having been prepared

some time before, and certainly not after, the mob had begun its work on

that eventful morning. Nevertheless, Winthrop, Bradstreet, Stoughton,

Danforth, and others of the leaders immediately drew up another, stating

that the action of the people was a surprise, of “the first motion

whereof” they had been entirely ignorant, and calling upon Andros to

surrender the government, and deliver up the fort, which otherwise would

be carried by storm.[1087]

Footnote 1085:

For the events of the revolution, _vide_, _Andros Tracts_, vols. I,

pp. 3 _ff._, II, pp. 191 _ff._, and III, pp. 22 _ff._, 145 _ff._;

Hutchinson, _History_, vol. I, pp. 334 _f._; _Randolph Papers_, vol.

IV, pp. 264 _ff._; _Cal. State Pap., Col., 1689-92_, pp. 33, 66 _ff._,

92 _ff._

Footnote 1086:

Given in _Andros Tracts_, vol. I, pp. 11 _ff._

Footnote 1087:

_Andros Tracts_, vols. I, p. 20, and III, p. 145 _n._; Osgood,

_American Colonies_, vol. III, p. 419.

To have held the little fort, or the defenses on Castle Island, for any

length of time, in the face of overwhelming odds, would have been

impossible. To have defended the fort temporarily against attack would

merely have caused useless bloodshed; and, fortunately for the

colonists, Andros, throughout his whole career, had never shown the

bloodthirsty vindictiveness of an Endicott or a Norton. That he was no

coward is shown by the fact that he abandoned the shelter of the fort,

and made his way through the tumultuous streets to a personal conference

with the revolutionary leaders gathered in the council chamber. The

meeting, however, effected no compromise; Andros was made prisoner, and,

through one of his subordinates, but apparently on his orders, the fort

was surrendered. The following day, the Castle also was yielded, and

possession taken of the frigate, though the latter, in order to save the

men's pay, was not required to be formally surrendered. Some days later,

Dudley was located in the Narragansett country, brought to Boston, and

placed in the common jail. In Europe, James II had dropped the Great

Seal of England in the Thames, and fled to France. In America, his

Dominion of New England lay shattered.

[Illustration:

Demand for Surrender of Sir Edmond Andros

Broadside in Massachusetts Archives, State House, Boston

]

The founding of New England · 第 16 / 18 章