had no little influence in establishing the commercial policy of Eng and. In his discourse on the plantation trade, written in the reign of William and Mary, he pointed out the political and commercial policy, proper to be pursued by the parent country towards her plantations. "Colonies," he observed, "are a strength to their mother kingdom, while they are under good discipline; while they are strictly made to observe the fundamental laws of the original country, and while they are kept dependant on it. But otherwise they are worse than members lopped from the body politic, being, indeed, like offensive arms, wrested from a nation, to be turned against it, as occasion shall serve." "Not that we think the greatness these colonies may arrive at, in a natural course, and in the progress of time, can be dangerous to England. To build ships in the way of trade, or for their own defence, can administer no true cause of jealousy. There is much difference between letting them be in a condition to defend themselves, and rendering them a kind of staple for naval stores, which can be hardly politic, and perhaps very bad husbandry." To make "those distant colonies a lasting benefit to the nation," he says, "the principle care will always be, to keep them dependant upon the mother country, and not to suffer those laws, upon any account, to be loosened, whereby they are tied to it, for otherwise, they will become more profitable to our neighbors than to us."

The idea of a board of trade and plantations, was first suggested, it is believed, by this celebrated writer. He proposed that the care of America should be made "the province of a select number of Lords and gentlemen of reputation, both for parts and fortune," and suggested that it would be in their power, "to put things into a form and order of government, that should always preserve these countries, in their obedience to the crown, and dependance upon this kingdom."* While he thus advocates the obedience and dependance of the colonists, he, at the same time, insists that "those conditions, privileges, terms, and charters, should be kept sacred and inviolate, by which they were first encouraged, at their great expense, and with the hazard of their lives, to dis

* Davenant's works, by Whitworth, vol. 2.

cover, cultivate, and plant remote places, when, in truth they labor as well for us, as for themselves, for here, at last, their treasure centers." The proceedings of the British government towards the colonies, were generally in accordance with the views of these celebrated writers, except the former did not consider the charters, granted to the original adventurers, in so sacred a light, as Dr. Davenant. Adam Smith, it is believed, was the first English writer of eminence, who dared to deny, not merely the policy, but the justice of the British colonial system. After stating the outlines of the system itself, this distinguished political economist, adds, prohibit a great people, however, from making all they can of every part of their own produce, or from employing their stock and industry, in the way they judge most advantageous to themselves, is a manifest violation of the most sacred rights of mankind."*

* Smith's Wealth of Nations, vol. 2, p. 73.

"to

CHAPTER IV.

Charters of Connecticut and Rhode Island obtained at a favorable moment-Measures taken to resume the Charters-Difference between the crown and the colonists on this subject-Declaration of Massachusetts concerning charter rights in 1661Royal commissioners sent to regulate the New England colonies-Their reception-Massachusetts refuse to submit to their authority and send a petition to the king-Complaints against Massachusetts-Committee of trade require an answer to these complaints-Answers not satisfactory-Massachusetts refuse to submit to the wishes of the king-Writs of quo warranto issue against the charter of that colony-Judgment against it-Writs issue against those of Connecticut and Rhode Island-Their letters considered a surrender of them-Sir Edmund Andrus appointed governor general of New England-His despotic acts-Revolution in New England-Connecticut and Rhode Island resume their Charters-New Charter granted Massachusetts-Great Britain jealous of the independence of the coloniesBills brought into parliament to resume the Charter governments-Defeated-King sustains appeals from the colonial courts in civil suits-Explanatory Charter of Massachusetts-Law of descents in Connecticut declared void-Massachusetts refuse to provide a permanent salary for the governor-Present an address to the king on the subject-Heard before the board of trade-Conduct of that colony condemnedJealousy of its growing power increases.

CONTROVERSIES Soon arose between the parent country and the colonists, under the charter governments. These disputes, as we have before stated, commenced in Massachusetts, as early as 1635, nor did they end, till the American revolution.

The charters of Connecticut and Rhode Island, were obtained at a favorable moment. Just called to the government of his kingdom, Charles was not disposed to deny favors to any of his subjects. In addition to this, Lords Say and Seal, and the Earl of Manchester, both the friends of New England, were then in favor with the king.

Mr. Winthrop, the agent of Connecticut, a gentleman of talents and address, was in possession of a ring given to his grand. father, by the father of Charles II, which he presented to that monarch. This secured him a most gracious reception at court.*

* Trumbull's History of Connecticut, vol. 1.

By these charters, all the powers of government, were conferred upon the colonists, the king not having reserved to himself the right of revising their proceedings. At no other period could such extensive immunities have been obtained.

The colony of Plymouth, afterwards applied for a similar grant, but in vain. The king himself, indeed, soon repented of these extensive grants of political power, and he, as well as his successors, took measures to annul the charters, and to assume the government of these, and the other charter colonies.

Great difference of opinion existed, between the crown and the colonists, as to the nature, extent, and obligation of these instruments.

The crown viewed them as constituting mere petty corporations, similar to those established in England; and which might be annulled and revoked at pleasure. The colonists, on the other hand, considered them, as sacred, and solemn compacts between them and the king; compacts which could not be altered, either by the king or parliament, without their consent; and irrevocable by a judicial process, without a forfeiture, on the part of the grantees. The only limitation to the legislative power, conferred by these charters, was, that the laws made under their authority, should not be repugnant to those of England.

What laws of the parent country were here intended, became, also, a subject of serious controversy. While the crown insisted, they were the ordinary laws of the realm, the colonists maintained, that the great fundamental laws were alone intended, such laws as were the birth-right of every British subject, secured by magna charta, and declared in the bill of rights.

The people of Massachusetts apprehended that a change of government in England, in 1660, would produce a material change, in the government of that colony. They were again alarmed, by a rumor, of the appointment of a governor general. In May, 1660, therefore, a committee was appointed by the general court, "to consider and debate such matter or thing of public concernment, touching our patent, laws and privileges, and duty to his majesty, as they, in their wisdom, shall judge most expedient, and

draw up the result of their apprehensions, and present the same to the next session, for consideration and approbation, that so, (if the will of God be,) we may speak and act the same thing, becoming prudent, honest, conscientious and faithful men." A declaration of rights was prepared by this committee, and adopted by the general court in June, 1661. Among other things, the court declared, "the patent, (under God) to be the first and main foundation of their civil polity here, by a governor and company, as is therein exprest."

That "the governor, deputy governor, assistants and select representatives or deputies, have full power and authority, both legislative and executive, for the government of all the people here, whether inhabitants or strangers, both concerning ecclesiastical and civil, without appeals, excepting repugnant to the laws of England."

They likewise, declared that "this government was privileged, by all fitting means, yea, (if need be,) by force of arms, to defend themselves, both by land and sea, against all such person or persons, as should, at any time, attempt or enterprize the destruction, invasion, detriment, or annoyance of the plantation, or the inhabitants thereof."* They at the same time, acknowledged their allegiance to the crown.

These declarations proclaimed a political state in that colony little short of independence.

The oath of allegiance to the king, provided by law, to be taken by the inhabitants of Massachusetts, shows the views of the colonists themselves, as to their political connection with the crown.t Soon after the restoration, the jealousy of the king, was excited against the New England colonies, and particularly Massachu

* Hutchinson's vol. 1, Appendix, p. 455.

Form of the oath. "Whereas I A. B. am an inhabitant within this jurisdiction, considering how I stand obliged to the king's majesty, his heirs and successors, by our charter, and the government established thereby, do swear accordingly, by the great and dreadful name of the ever living God, that I will bear faith and true allegiance to our sovereign Lord the King, his heirs and successors. So help me God."-Hutchinson, vol. 1, p. 222.