In the indefinite terms of his charter the boundaries of Connecticut

were to run westward to the South Sea (as the English still called the

Pacific); to the deep chagrin of the New Haven people, it included their

own towns; certainly it ran athwart the later gift to the Duke of York.

For the time being that was not a matter of much practical importance.

The Duke did not attempt to exercise his authority in the Connecticut

settlements, and an agreement was presently reached that Connecticut

should have jurisdiction to within twenty miles of the Hudson. Though

that agreement never received the royal sanction, it sufficed for the

moment. What seemed to the New Haven people of much more consequence

was that Governor Winthrop had managed to sweep their towns within his

charter grant. They liked neither the politics nor the church government

of the Connecticut towns above and about them, and for two years stood

out against being absorbed. It seemed better, however, to belong to

Connecticut than to belong to the Duke of York’s province, as they might

be obliged to if they did not accept Mr. Winthrop’s charter; Mr. Winthrop

was himself very wise, moderate, and patient in pressing the union upon

them; and in 1665 they yielded, making Mr. Winthrop governor of the

united towns upon the river and the Sound.

The King’s commissioners did not fare very well when they turned from

the taking of New Netherland to the examination and settlement of

affairs in Massachusetts. In the other colonies which they had been

directed to set in order they had little difficulty. Connecticut and

Rhode Island were just now in favor at court, and gave the commissioners

little to do except settle the boundaries between them. Rhode Island

had obtained a new charter from the King in July, 1663, scarcely a year

after Mr. Winthrop had got his for Connecticut; and, though she had

had some difficulty in saving an important strip of territory which

Connecticut’s charter had been made to include, that matter was in the

way to be adjusted before the commissioners came. In Plymouth they

found the magistrates ready to make most of the concessions his Majesty

had instructed them to demand. But in Massachusetts they were utterly

defeated of their purpose.

[Illustration: FACSIMILE OF THE KING’S PROCLAMATION FOR THE ARREST OF

WHALLEY AND GOFFE]

Colonel Nicolls could be very little with them, because he was engrossed

in the pressing and necessary business of settling the government of

the Duke’s province of New York; and yet they were not permitted by

their commission to take any official action without him. Sir Robert

Carr and Colonel Cartwright were men wholly unfitted to transact

business of delicacy and importance. They had neither tact nor weight of

character, nor any knowledge or experience in such affairs as they now

tried to handle; and they were dealing with astute men who knew every

point of the controversy and every mooted question of law like parts

of a familiar personal experience. The Massachusetts General Court had

adopted a declaration of their rights by charter the very year they

tardily proclaimed Charles II. king (1661), as if anticipating an attack

upon their government. In it they had argued their right to a complete

self-government, and had declared that they owed no further direct duty

to the King than allegiance to his person, the safe-keeping of that

part of his territories over which they exercised jurisdiction, the

punishment of crime, and the protection of the Protestant religion; and

they maintained nothing less now in the presence of the commissioners.

It proved impossible to bring them to terms. The commissioners more than

once put themselves in the wrong by a loss of temper or an unwarranted

assumption of authority; and the whole matter had at last to be referred

back, unsettled, to the King. A letter thereupon came out of England

commanding Massachusetts to send agents over to deal with the authorities

there; but they found a way to avoid obedience to the summons, and once

again, as when their charter had been attacked thirty years before,

the attention of statesmen at home was called off from their business

to matters of more pressing consequence. Clarendon, who was the master

spirit of the new policy of the government towards the colonies, too

stout for prerogative to suit the Parliament, too stiff for right to suit

the King, lost his place and was banished the kingdom in 1667, the year

after the commissioners returned to England with their report of failure.

The Dutch accepted the gage of war thrown down by England’s seizure of

New Netherland, and the struggle widened until it threatened to become

a general European conflict. Without Clarendon, politics dwindled in

England to petty intrigue. There was time to take breath again at the

Bay. Massachusetts was, it turned out, to keep her jealously guarded

charter for nearly twenty years yet.

Here the chief _authorities_ and _sources_ are those already

referred to under Sections I. to V. of this chapter.

VIII. NEW JERSEY AND CAROLINA

The Restoration and the reassertion of royal authority had done much

to check the growth of Massachusetts and her neighbor colonies of the

Puritan group, but it had noticeably stimulated settlement to the

southward, near where Virginia lay with her Cavalier leaders; and even

in New England a natural growth went slowly on. Clarendon had been

statesman enough to see that the colonies in America were no longer petty

settlements, lying outside the general scheme of national policy. He saw

that they were now permanent parts of a growing empire, and he had sought

until his fall to bring them under a general plan of administration,

which the commissioners of 1664 were to take the first step towards

setting up. America was no longer merely a place of refuge for Puritans

and royalists, each in their turn, no longer merely a region of adventure

for those whose fortunes desperately needed mending. It was henceforth

to be a place of established enterprise and of steadfast endeavor pushed

forward from generation to generation; and the steady advance of English

settlement, showing itself now almost like the movement of a race,

already sufficiently revealed what the future was to bring forth.

The capture of New Netherland, though it brought war upon England,

seemed to secure peace for America. There was no longer, when Colonel

Nicolls was done, an alien power between New England and Virginia. The

whole coast was at last indisputably English land, all the way from

the little settlements struggling for existence far to the north in

the bleak forests which lay beyond the Massachusetts grant to Spain’s

lonely forts in the far south by the warm bays of Florida. That was a

royal principality which the Duke of York had received from the lavish

Charles,—all the great triangle of rich lands which spread northward

and westward between the Connecticut and the lower waters and great Bay

of the Delaware, Long Island, Nantucket, Martha’s Vineyard, and all

their neighbor islands, great and small, included,—and Colonel Nicolls

had established his authority, at any rate at the centre of it, where

the Dutch had been, in a way that gave promise of making it abundantly

secure. But the Duke was a Stuart, and no statesman; loved authority,

but was not provident in the use of it; and parted with much of the

gift before it was fairly in his hands. Colonel Nicolls and his fellow

commissioners did not take possession of New Amsterdam until August,

1664, and it was then nearly two months since the Duke had given a large

part of New Netherland away to his friends Lord John Berkeley, Baron of

Stratton, and Sir George Carteret, of Saltrum.

[Illustration: SIGNATURE OF GEORGE CARTERET]

Late in June he had granted to these gentlemen, his close associates

in friendship and in affairs, his colleagues in the Board of Admiralty,

over which he presided, all his own rights and powers within that part

of his prospective territory which lay to the south of 41° 40′ north

latitude and between the Delaware River and the sea, touching the Hudson

and the harbor of New York at the north, and ending at Cape May in the

south. This new province he called New Jersey, in compliment to Sir

George Carteret, who had been governor of the island of Jersey when

the Parliament was arrayed against the King, and who had held it long

and gallantly for his royal master. Colonel Nicolls, the Duke’s able

governor in New York, knew nothing of the grant of New Jersey until the

ship _Philip_ actually put into the harbor in July, 1665, bringing a

few settlers for the new province and Philip Carteret, a kinsman of Sir

George’s, to be its governor. Colonel Nicolls had but just completed his

careful organization of the Duke’s possessions; had put his best gifts of

foresight and wise moderation into the settlement of their affairs, to

the satisfaction of the numerous Dutch as well as of the less numerous

English established there; and was not a little chagrined to see a

good year’s work so marred by his improvident master’s gift. There was

nothing for it, however, but to accept the situation and receive the

representative of the new proprietors with as good a grace as possible,

like a soldier and a gentleman. Knowing nothing of the grant to Berkeley

and Carteret, he had already authorized a settlement at Elizabethtown,

on the shore that lay nearest to Staten Island to the westward, and had

granted rights and titles to other purchasers who had settled on the

southern shore of the great outer Bay, near Sandy Hook; and the new

colonists there now discontentedly doubted what their rights would be.

Much the larger part of the population of the original province of New

Netherland, however, still remained under the authority of Colonel

Nicolls and “the Duke’s Laws,” notwithstanding the setting apart of New

Jersey to be another government,—in one direction, indeed, more than the

Dutch themselves had pretended to govern; for the Duke’s possessions

included all of Long Island, the portion which lay beyond Oyster Bay and

which had been conceded by the Dutch to the English in 1655, as well as

the parts which lay close about the bay at New York. There were probably

about seven thousand souls, all told, in New Netherland when the English

took it, and of these fifteen hundred lived in the little village which

was drawn close about the fort at New Amsterdam. The rest were near

at hand on Long Island and on Staten Island, or were scattered up and

down the lands which lay upon the Hudson on either hand as far as Fort

Orange, which Colonel Nicolls renamed “Albany,” because James was Duke

of York and Albany. The Swedes, also, who had settled on the South River

(the Delaware), and whom Stuyvesant had conquered, had built for the

most part on the western bank of the river, and were outside the bounds

of New Jersey. On the eastern bank, where Lord Berkeley and Sir George

Carteret were to be proprietors, there were but a handful of Dutch and

Swedes at most. These, with the little Dutch hamlets which stood near New

York on the western bank of the Hudson, at Weehawken, Hoboken, Pavonia,

Ahasimus, Constable’s Hook, and Bergen, and the new homes of the English

families whom Colonel Nicolls had authorized to settle within the grant

at Elizabethtown and by the Hook, contained all the subjects the new

proprietors could boast.

[Illustration: SIGNATURE OF PHILIP CARTERET]

The government which the proprietors instructed Philip Carteret to

establish was as liberal and as sensible as that which Colonel Nicolls

had set up in New York. On the day on which they appointed their governor

they had signed a document which they called “The Concessions and

Agreements of the Lords Proprietors of New Jersey, to and with all and

every of the adventurers and all such as shall settle and plant there,”

and which offered not only gifts of land upon most excellent good terms

to settlers, but religious toleration also and a free form of government.

“The Duke’s Laws,” which Colonel Nicolls had set up for the government of

New York, were equally liberal in matters of religion, but not in matters

of self-government. The New Jersey lords proprietors directed their

governor to associate with himself in the administration of the province

a council of his own choosing not only, but also an assembly of twelve

representatives, to be chosen annually by the freemen of the province.

This assembly was to make the laws of the colony, and no tax was to be

laid without its consent. The governor and his council were to appoint

only freeholders of the colony to office,—unless the assembly assented to

the appointment of others. It did not seem necessary to call an assembly

at once; the scattered hamlets could separately attend to their own

simple affairs well enough until more settlers should come. The first

years of the new governor’s rule were quietly devoted to growth.

The governor established himself and the thirty odd settlers and servants

who came with him at the new hamlet just begun at Elizabethtown; and the

next year, 1666, the _Philip_ brought other settlers to join them. The

governor took pains to make known the liberal terms of settlement he was

authorized to offer, in New England and elsewhere in the colonies already

established, as well as at home in England. A steady drift of colonists,

accordingly, began to set his way. In 1666 the Elizabethtown tract was

divided to make room for other settlements at Woodbridge and Piscataway.

The same year numerous families from Milford, Guilford, Branford, and

New Haven came and began to make homes for themselves at Newark, on the

Passaic,—dissatisfied with the condition of affairs on the Sound since

they had been tied to the Hartford government, and determined to have

a free home of their own where only church members of their own way of

thinking and of worship should have the right to vote or to hold office.

It was a very notable migration, made in organized companies, as the

first settlements upon the Sound had been, and sapped the New Haven towns

of their old stock. “The men, the methods, the laws, the officers, that

made New Haven town what it was in 1640, disappeared from the Connecticut

colony, but came to full life again immediately in New Jersey.” Even Mr.

Davenport left the familiar seat he had himself chosen and returned in

his old age to Boston. By April, 1668, New Jersey seemed to the governor

ready for its first assembly, and he called upon the freemen to make

their choice of representatives.

The Puritans of the new settlements controlled the assembly when it

came together at Elizabethtown the next month (26 May, 1668) and passed

a bill of pains and penalties against various sorts of offenders which

was drawn in some of its parts directly from the Book of Leviticus, as

an earnest of their intentions in matters of government; but they had

been in session scarcely four days when they grew impatient to be at

home again, and adjourned. When they met a second time, in November,

the little hamlets on the Delaware, which had not sent delegates to the

first session, were represented; but the people of the “Monmouth grant,”

by Sandy Hook, were not. They were angry because Governor Carteret had

refused to acknowledge their right to make rules of local government

for themselves, under the terms of their grant from Colonel Nicolls,

given before the New Jersey grant was known of in New York; and they

declared that the persons who had assumed to act for them at the first

session of the assembly, in May, had had no real authority to do so.

The representatives who did attend the November sitting soon went home

again, dissatisfied that the governor’s council did not associate itself

with them closely enough in the conduct of the assembly’s business,

and impeded, as they thought, the execution of the provisions of the

“Concessions,” the great document which was their constitution from the

proprietors. It was to be many years yet, as it turned out, before the

conduct of the government of the colony was to be satisfactorily provided

for. The several scattered settlements had little sympathy with each

other, and New Jersey was not yet a complete or organized colony.

[Illustration: LOADING SHIPS IN ALBEMARLE SOUND]

It was a day of new proprietary grants to gentlemen in favor at

court; but the making of grants was very different from the making of

governments. At the very time when Governor Carteret was trying to

form a government that would hold the scattered towns of New Jersey

together in some sort of discipline and order, the representatives of

another proprietary government of the same kind were trying the same

experiment with much the same fortune in the south on the “Carolina”

grant, which the King had made the year before he gave New Netherland

to his brother. In 1663 he had granted the lands which lay south of

Virginia between the thirty-first and the thirty-sixth degrees of north

latitude to eight proprietors: the great Earl of Clarendon, General

George Monk, now Duke of Albemarle, William Lord Craven, Anthony Lord

Ashley (soon to be Earl of Shaftesbury), Sir John Colleton, John Lord

Berkeley and Sir George Carteret, to whom the Duke of York was the next

year to give New Jersey, and Sir William Berkeley, brother of Lord John

and governor of Virginia. Here, as in New Jersey, settlers had long ago

entered and begun a life of their own. The Virginians had spoken of the

region hitherto as “South Virginia,” and it was some of their own people

who had begun its settlement. In 1653 Roger Greene had taken a hundred

settlers to the coast of the broad Sound which was afterwards to be

called Albemarle,—after the great General Monk’s new ducal title,—and had

established them on a grant at “Chowan,” given to him by the Virginia

House of Burgesses as a reward for the “hazard and trouble of first

discovery,” and as an “encouragement of others for seating those southern

parts of Virginia.” Nine years later (1662) George Durant followed with

other settlers, Quakers driven out of Maryland and Virginia, whom the

Virginian authorities were glad to be rid of and have settled out of

sight in the wilderness. They began to build to the eastward of Mr.

Greene’s people at “Chowan,” upon the next peninsula of the same indented

coast, in what was called the “Perquimans” region. And then, the next

year, 1663, the King handed their lands over to be governed by the eight

lords proprietors of “Carolina.”

[Illustration: SIGNATURES OF CAROLINA PROPRIETORS]

There were by that time quite three hundred families settled there; and

there were none besides in all the vast tract that the King’s charter

called “Carolina.” These first comers had chosen for their settlements

a region neither fertile nor wholesome. Great pine barrens stood there

upon the coast, interspersed with broad swamps dense with a tangle of

cypress and juniper. Inside the coast districts, where the land rose to

drier levels and the virgin soils lay rich and wholesome, were some of

the finest regions of all the continent, fertile and sweet-aired and

full of inviting seats; but there was no highway to these. Only the sea

and the rivers were open. The land was everywhere covered with untouched

forests, pathless and unexplored. For the present settlers were obliged

to content themselves with the flat, unwholesome coast, in spite of its

killing fevers, because it alone was accessible. This Albemarle country

was Virginia’s frontier, the refuge of the restless, the unfortunate,

and the discontented, and of all who found her laws and her power to

enforce them irksome and unbearable. Some very steady and substantial

people there were also, no doubt, who chose to live there,—like the good

Quakers whom Mr. Durant had brought thither because they could find a

welcome nowhere else. There was a good profit to be made out of timber

cut from those splendid forests, and out of the breeding of cattle, which

was easy enough; and many industrious families liked the steady trade

of the region, with its accompaniment of a free life in the ungoverned

wilderness. But it was as yet the shiftless, the irresponsible, and the

adventurous who were most attracted.

[Illustration: SEAL OF THE LORDS PROPRIETORS OF CAROLINA]

What with adventurers who were ungovernable and men of industry and

ability who wished to be let alone, it was not an easy or a promising

place in which to set up the authority of proprietors who were in England

and had done nothing to help the men whom they meant to govern. Sir

William Berkeley, nevertheless, being himself one of the proprietors,

took the first step towards making good the rights of the new masters in

1664, when, by the authority of his associates, he commissioned William

Drummond to act as governor among the people at Chowan and Perquimans.

The appointment of a governor made little difference at first. Not

until three years later did the proprietors attempt the establishment

of a regular government, and even then the arrangements which they made

were very liberal. They that year, 1667, sent over Samuel Stephens from

England to be governor in Drummond’s place, and they sent with him

a document of “Concessions,” very like that which Lord Berkeley and

Sir George Carteret, two of their number, had lately granted to the

settlers in New Jersey. There was to be perfect freedom in religion;

the elected representatives of the people were to make the laws of the

settlements; no taxes were to be imposed without their consent; and they

could assemble upon their own motion, without waiting for a summons

from the governor. The governor was to have twelve councillors and the

people were to have twelve representatives, as in New Jersey; but half

of the governor’s council were to be chosen by the assembly itself, and

governor, councillors, and representatives were to sit together as a

single body,—so that the people’s delegates were sure of a majority in

all its deliberations.

The assembly used its power to exempt all new-comers from taxes for a

year after their coming, and to provide that for five years to come no

suits should be heard for debts or any other obligations contracted

outside Carolina. Of course such laws brought insolvent Virginian debtors

and all sorts of Virginian outlaws in larger numbers than ever to the

settlements, and the Virginians called the place “Rogues’ Harbor”; but

others of a better sort came also, and it was population first of all

that the Albemarle law-makers wanted. A more settled life and a less

irregular and questionable way of encouraging immigrants came afterwards

in due time,—as well as unexpected troubles with the proprietors. The

first grant, of 1663, had not in fact included the Albemarle settlements,

though those who framed it supposed that it did; but in 1665 a new

charter was obtained which advanced the boundary line far enough

northward to make sure of including them. And then the proprietors,

having a taste for a more elaborate way of governing, adopted a highly

complicated and detailed plan, drawn up by Mr. John Locke, who was

then, at thirty-seven, secretary to Anthony Lord Ashley, one of the

proprietors. The document contained eighty-one articles, was called the

“Fundamental Constitutions” of Carolina, and was elaborate enough for a

populous kingdom. It bore date 21 July, 1669.

[Illustration: MAP OF CAROLINA, 1687]

A history of the American people, Vol. 1 [of 5] · 第 12 / 17 段