Volume 1 — LETTER I. (continued 2)

Sir William Berkely was appointed governor the beginning of 1639. His instructions evidenced a prodigious change in colonial policy, which must be partly ascribed to the then state of affairs in England. He was directed to summon all the burgesses of the plantations; who with the governor and council were to constitute the grand assembly, with power to make acts for the government of the colony, as near as might be to the laws of England—to cause speedy justice to be administered to all, according to English forms—and to forbid all trade with foreign vessels except upon necessity. Thus were the Virginians restored to that system of freedom which they had derived from the Virginia company, and which the writ of quo warranto had involved in the same ruin with the corporation itself.

Civil dissentions however took place, which were embittered by religious differences, and inflamed by acts made to prohibit the preaching of the doctrines of the puritans. The discontented party presented a petition to the house of commons, in the name of the assembly, “praying for the restoration of the antient patents and corporation government.” But the governor, council and burgesses, no sooner heard of the transaction, than they transmitted an explicit disavowal of it. They sent also an address to king Charles acknowledging his bounty and favor toward them, and earnestly desiring to continue under his immediate protection. In 1642, they declared in the form of an act, “that they were born under monarchy, and would never degenerate from the condition of their births, by being subjects to any other government.” Nothing could be more acceptable than this act, which being presented to the king at York, drew from him an answer, in which he gave them the fullest assurances, that they always should be immediately dependent upon the crown, and that the form of government should never be changed.

They remained unalterably attached to the cause of their sovereign. But when the commons of England had triumphed over their European opponents, their attention was turned to the plantations; and an ordinance was passed in October, 1650, “for prohibiting trade with Barbadoes, Virginia, Bermuda, and Antego.” It recited, that “in Virginia, and other places in America, their are colonies, which were planted at the cost, and settled by the people, and by the authority of this nation, which ought to be subordinate to, and depend upon England—that they ever had been, and ought to be subject to such laws and regulations, as are, or shall be made by the parliament—that divers acts of rebellion have been committed by many persons inhabiting XLIXVirginia, whereby they have set up themselves in opposition to the commonwealth” It therefore declared them “notorious robbers and traitors.” Persons in power generally reason alike against those who oppose their authority, and dispute the legality or equity of their measures, whatever might be their own sentiments when in a lower station, and while aggrieved by superiors. The ordinance authorised the council of state to send a fleet thither, and to grant commissions to proper persons to enforce to obedience all such as stood opposed to the authority of parliament. In consequence hereof commissioners were appointed, and a powerful fleet and army detached, to reduce all their enemies to submission. They were to use their endeavors, by granting pardons and by other peaceful arts, to induce the colonists to obey the state of England; but, if these means should prove ineffectual, then they were to employ every act of hostility; to free those servants and slaves of masters opposing the government, that would serve as soldiers to subdue them; and to cause the acts of parliament to be executed, and justice to be administered, in the name of the commonwealth. After the arrival of the commissioners with the naval and military force, the Virginians refused to submit, till articles of surrender had been agreed upon, by which it was stipulated, “The plantation of Virginia, and all the inhabitants thereof, shall enjoy such freedoms and privileges as belong to the free people of England. The general assembly, as formerly, shall convene and transact the affairs of the colony. The people of Virginia shall have a free trade, as the people of England, to all places, and with all nations.” Virginia shall be free from all taxes, customs, and impositions whatsoever; and none shall be imposed on them without consent of the general assembly; and neither forts nor castles shall be erected, nor garrisons maintained without their consent.”^[38]

The hardships the Virginians experienced from restrictions on their trade under Oliver Cromwell, together with their attachment to the royal family, induced them to seize the occasion of the death of the protector’s governor, for applying to Sir William Berkely, who had lived privately during the revolutions of the day, to resume the government of the colony, to which he consented, on their solemnly promising to venture their lives and fortunes with him for Charles II. Before they had heard of the death of Cromwell, Charles was proclaimed by them king of England, Scotland, Ireland, and Virginia. During the distresses to which the royalists were exposed in England prior to this Levent, they resorted to that colony, so that Virginia contained about 30,000 persons at the restoration. Sir William Berkely, in his answer to the enquiries of the lords of the committee of the colonies, writes, June 20, 1671, “there are 40,000 persons, men, women, and children, 2000 black slaves, and 6000 christian servants for a short time.” You will not have your good opinion heightened of him for his adding—“I thank God there are no free schools, nor printing, and I hope we shall not have them these hundred years. For learning has brought disobedience, and heresy, and sects into the world, and printing has divulged them and libels against the government. God keep us from both!”^[39]

You will remark, that, however zealous the Virginians were to honor the Charles’s with their loyalty, they boldly declined complimenting king, commonwealth, and protector with their liberties.

Maryland comes now to be considered.

Sir George Calvert was one of the original associates in the great Virginia company, and continued a member of that corporation during its existance: and, as secretary of state, he acted as one of the committee of council for the affairs of the plantations while James I. lived. Sir George in his reign, having thought proper to alter his religious sentiments and embrace popery, ingenuously avowed the change. The king pleased with his sincerity, granted him a part of Newfoundland, which the French at length obliged him to abandon. His majesty further testified his regard, by creating him Lord Baltimore of Ireland. King Charles, to compensate for his loss of the Newfoundland territory, gave him a grant of the country on the north side of the Chesapeak-bay.

His Lordship died April 15, 1632, before the patent was made out; on which his son Cecil took it out in his own name the June following. Charles, in honor to his royal consort Henrietta Maria, named the colony Maryland; and, being desirous of gratifying the proprietary all in his power invested him with as much sovereignty as could well consist with an immediate subjection to the crown of England. His Lordship, with the assent of the freemen, or their delegates, whom he was required to assemble for that purpose, might make laws of what kind soever for the province, so that they were not repugnant, but agreeable to the jurisprudence and rights of the realm of England; and he was authorised to execute the acts of the assembly. There was no clause in the charter obliging him to transmit their acts LIto the king for approbation or dissent: nor any saving of the royal interference in the government of the colony. Charles reserved to himself and his heirs forever, imposts, duties, and customs, which the colonies were bound to pay; but declared in the same charter, “We, our heirs and successors, shall at no time set and make, or cause to be set, any imposition, custom, or taxation on the inhabitants of the province, for their lands, goods, tenements, or chattels whithin the said province.” By this clause the king covenanted for himself, heirs and successors, that having reserved for ever the imposts, duties, and customs, he would not contribute toward setting upon the inhabitants any imposition, custom, or taxation, for their lands, goods, tenaments, or chattels, within the said province; and therein bound both himself and them, not to assent to any bill subjecting the inhabitants to an internal taxation by an external legislation.

The first emigration consisted of two hundred gentlemen of considerable fortune and rank, with their adherents, chiefly Roman Catholics, who hoped to enjoy liberty of conscience, under a proprietary of their own profession. They sailed from England in November, and landed in Maryland the beginning of 1633. Governor Colvert, brother to lord Baltimore, very wisely and justly purchased, by presents of various goods, the rights of the Indians, and with their free consent took possession of their town, which he called St. Mary’s. The country was settled with so much ease, and furnished with so many conveniences, that emigrants repaired thither in such numbers, that the colony soon became popular and flourishing. A third assembly of freemen was held at St. John’s in February, 1638–9, when an act was passed “for establishing the house of assembly.” It inacted that those who shall be elected pursuant to writs issued, shall be called burgesses, and shall supply the place of the freemen who chose them—that the gentlemen summoned by the special writ of the proprietary, and those freemen who shall not have voted at any of the elections, together with the governor and secretary, shall be called “the house of assembly”—that all acts assented to by that body, shall be deemed of the same force, as if the proprietary and freemen had been personly present. Slavery seems to have gained an early establishment in Maryland, for an act of this assembly describes “the people” to consist of all christian inhabitants “slaves only excepted.” The persecuting laws which were passed by the Viginians, soon after this period against the puritans, made the latter emigrate in considerable numbers to Maryland, that they might enjoy, under a popish proprietary, that liberty of conscience, of which they were deprived by fellow protestants.

LIIIn 1642, the burgesses “desired that they might be separated, and sit by themselves, and have a negative,”—such was their progress in entertaining just conceptions of their own democratic rights. The governor did not grant their request; but they were afterwards more successful. The assembly of 1649, was assuredly divided into two parts, and transacted business in the form of an upper and lower house. That assembly, which convened in April, enacted, that no persons professing to believe in Jesus Christ, shall be molested in respect of their religion, or in the exercise thereof, or be compelled to the belief or exercise of any other religion against their consent, so that they be not unfaithful to the proprietary, or conspire against the civil government—that those reproaching any with opprobrious names of religious distinction, shall forfeit ten shillings to the persons injured—that any one speaking reproachfully against the blessed Virgin, or the Apostles, shall forfeit five pounds—but blasphemy against God, shall be punished with death.

In 1650, a law was passed “for settling this present assembly.” It enacted, that those who were called by special writ shall form the upper house—that those who were chosen by the hundreds shall compose the lower house—and that all bills which shall be assented to by the two branches of the legislature thus established, and assented to by the governor, shall be deemed the laws of the province, and have the same effect as if the freemen were personally present. There was also passed “an act against raising money without the consent of the assembly.” It mentioned, “That no taxes shall be assessed or levied on the freemen of the province, without their own consent, or that of their deputies, first declared in a general assembly. The printed words and early date of this Maryland act demand particular notice. The act of the general assembly and governor were of the same force in their own province, as acts of parliament in England; and could not be repealed without the concurring assent of the proprietary, or his deputy, with the other two estates.

Carolina follows Maryland in the order of existence.

A few adventurers emigrated from the Massachusetts, and settled round Cape Fear, about the time of the restoration. They considered mere occupancy, with a transfer from the natives, without any grant from the king, as a good title to the lands which they possessed. They deemed themselves entitled to the same “civil privileges” as those of the country from whence they had emigrated. For years they experienced the complicated miseries of want. They solicited the aid of their countrymen; and the general court, with an attention and humanity which did it the greatest honor, ordered an extensive contribution LIIIfor their relief. But the final settlement of the province was effected equally through the rapacity of the courtiers of Charles the II. and his own facility in rewarding those to whom he was greatly indebted, with a liberality that cost him little. The pretence which had been used on former occasions, of a pious zeal for the propagation of the gospel among the Indians, was successfully employed to procure a grant of the immense region lying between the 36° of north latitude and the river St. Matheo, under the 31°. March 24, 1663, this territory was erected into a province, by the name of Carolina, and conferred on lord Clarendon, the duke of Albemarle, lord Craven, lord Berkely, lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkely, as absolute lords proprietaris for ever, saving the sovereign allegience due to the crown. The charter seems to have been copied from that of Maryland, so extensive in its powers, and so noble in its privileges. The noblemen held their first meeting in May; and at the desire of the New-England people abovementioned, published proposals to all that would plant in Carolina. They declared, that all persons settling on Charles River, to the southward of Cape Fear, should have power to fortify its banks, taking the oath of allegiance to the king, and submitting to the government of the proprietaries—that the emigrants might present to them thirteen persons, in order that they might appoint a governor and a council of six for three years—that an assembly, composed of the governor, the council, and delegates of the freemen, should be called as soon as circumstances would allow, with power to make laws, not contrary to those of England, nor of any validity after the publication of the dissent of the proprietaries—that every one should enjoy the most perfect freedom in religion—that during five years, every freeman should be allowed one hundred acres of land, and fifty for every servant, paying only an half-penny an acre—and that the same freedom from customs which had been confirmed by the royal charter, should be allowed to every one.

The proprietaries appointed Sir William Berkely, then governor of Virginia, general superintendant of the affairs of the county of Albemarle, within the boundaries of which, a small plantation, of the New-Englanders probably, had been established for some years, on the north eastern shores of the river Chowan. Sir William Berkely repaired to the county, confirmed and granted lands on the conditions beforementioned, appointed Mr. Drummond the first governor, and likewise other officers, and then returned to Virginia.

The assembly of 1666, being dissatisfied with the tenures by which they held their lands, petitioned the proprietaries, that the LIVpeople of Albemarle might hold their possessions on the same terms on which the Virginians enjoyed theirs, and were gratified.

[1665.] The proprietaries appointed John Yeamans, a respectable planter of Barbadoes, commander in chief of Clarendon county, stretching from Cape Fear to the river St. Matheo; and he was at the same time created a baronet. To secure its prosperity, the same powers were conferred, and the same constitution established, as those which had made Albemarle happy.

A settlement was also now projected to the southward of Cape Romain, which acquired the name of Carteret. Thus a variety of separate and independent colonies, each of which had its own government, its own assembly, its own customs and laws, were established in Carolina.

In June, 1665, the proprietaries obtained a second charter which recited and confirmed the former. They were enabled to make laws for the province, with the consent of the freemen or their delegates: and likewise to grant titles of honor by creation of a nobility. No one prerogative of the crown was reserved, except the sovereign dominion.

Samuel Stevens, esq. was appointed governor of Albemarle in October, 1667, and was commanded to act agreeable to the advice of a council of twelve, the one half of which he was to appoint, the other was to be chosen by the assembly. The assembly was to be composed of the governor, the council, and twelve delegates chosen annually by the freeholders. Various regulations provided for the security of property: and no taxes were to be imposed without the consent of the assembly. The proprietaries might mean no more, than that neither they, nor the governor and council, shall impose taxes without the consent of the assembly: but the mode of expression tended to confirm the people at large in the opinion of their being exempted from all taxes which had not the consent of their own assembly. The settlers had their land confirmed, and granted to be now held by the free tenure of soccage, expressing a certain rent and independence. All men were declared entitled to equal privileges on taking the oath of allegiance to the king, and of fidelity to the proprietaries.

It was not till 1669 that an assembly constituted as abovementioned was convened: when it was enacted—“none shall be sued, during five years, for any cause of action arising out of the country—and none shall accept a power of attorney, to receive debts contracted abroad.” Hence this colony was long considered as the refuge of the criminal, and the asylum of the fugitive debtor.

LVThe proprietaries, at length dissatisfied with every system which they had hitherto divised for the government of their province, signed in July, a body of fundamental constitutions compiled by the celebrated Locke, giving as a reason, “That we may establish a government agreeable to the monarchy of which Carolina is a part, and may avoid making too numerous a democracy.”

By this edict a palatine was to be chosen from among the proprietaries for life; who was to act as president of the palatine court, composed of the whole; which was intrusted with the exection of the powers of the charter. A body of hereditary nobility was created, and denominated landgraves and caciques; the former were to be invested with four baronies, each consisting of 12,000 acres; the latter to have two, containing one half of that quantity: and those estates were to descend with the dignities inseparably. There were to be as many landgraves as counties; and twice as many caciques, but no more. Two fifths of the counties, stiled signiories and baronies, were to be possessed by the nobility; the other three fifths, called The colonies, were to be left among the people.

The provincial legislature, dignified with the name of parliament, was to be biennial, and to consist of the proprietaries, alias landgraves, or the deputy of each, of the cacique nobility, of the representatives of the freeholders of every district, who were to meet in one appartment, and every member to enjoy an equal vote: but no business was to be proposed till it had been debated in the grand council, whose duty it was to prepare bills for the parliamentary consideration. The grand council was to be composed of the governor, the nobility, and the deputies of the proprietaries, these being absent; and was invested with the executive of the province. The church of England alone was to be allowed a public maintenance by parliament; but every congragation might tax its own members for the support of its own ministers; and to every one was allowed perfect freedom in religion. However the most degrading slavery was introduced by investing in every man the property of his negro.^[40]

These constitutions, consisting of 120 articles, and containing a great variety of perplexing regulations, were declared to be the sacred and unalterable rule of government in Carolina for ever; and yet they were never altogether adopted. The parties engaged in this act of legislation should have reflected, that the inhabitants had settled no conditions, which it was no longer in their power to abrogate; and that in the forms of government which had been actually established, the people had acquired an interest which could not be taken away without their consent.

LVI[1670.] A number of emigrants were sent in January, under William Sayle, esq. appointed governor of that part of the coast which lies south-westward of Cape Carteret, to form a colony at Port-Royal. They arrived safe; and as it was found impracticable to conform to the constitutions, it was determined to keep as close to them as possible. Sayle dying, Sir John Yeamans had his command extended to and over this colony in August, 1671. This year planters resorted from Clarendon on the north, and Port-Royal on the south, to the banks of Ashley river, for the convenience of pasture and tillage; and laid on the first high land the foundation of old Charles-Town. The proprietaries promulgated temporary laws, till through a sufficient number of inhabitants, government could be administered according to the fundamental constitutions. The temporary laws were of no long duration, being derided by a people without whose consent they had been established.

In May, 1674, Joseph West, esq. was appointed governor of the southern colony, in the room of Sir John Yeamans, with whose conduct the proprietaries were dissatisfied. But the difficulty of establishing the colony was not overcome for years; not till the people repaired to it at their own expence, and men of estate ventured thither under the firm persuasion of being fairly treated. In expectation of such treatment, the dissenters, being harrassed by persecutions in England, and dreading a popish successor, emigrated to Carolina in great numbers, and made a considerable part of the inhabitants. They acquired the honor of introducing religion into the province, while they strengthened it also by their personal accessions. But the promising appearances of the country inviting many over of a very different stamp, after a while disturbances followed.

The planters being informed that the Oyster-Point, so delightfully formed by the confluence of the rivers Ashley and Cooper, was more convenient than what was fixed upon eight years before, and the proprietaries encouraging their inclination, they began to remove, and in the subsequent year laid the foundation of the present Charles-Town, and built 30 houses [1680.] It was instantly declared the port for the purposes of traffic, and the capital for the administration of government. It was long unhealthy; but the adjacent country being now cleared and cultivated, it is allowed to enjoy the most salubrious air of Carolina.

Though the province had been formed into manors and baronies, it was not till 1682, that it was divided into three counties. In the autumn of this year, governor West held a parliament; and afterwards immediately resigned his administration to Mr. Joseph Moreton. Thence commenced a reiterated change of LVIIgovernors. Cyrle, West, Kuerry, Moreton, were successively appointed. There was a similar change of every public officer. These changes produced turbulency and faction.

But prior to this period, an insurrection broke out in the colony of Albemarle, in December, 1677. At the end of two years succesful revolt, Culpepper, who was deeply concered in the business, was dispatched with another person to England with a promise of submission to the proprietaries, on certain conditions. When about to return after executing his trust, he was impeached by the commissioners of the customs, for acting as collector without their authority, and embezzling the king’s revenue in Carolina. He was seized on board a vessel in the Downs, brought back, and in Trinity-term, 1680, tried by virtue of the statute of Henry VIII. on an indictment of high treason committed without the realm. The famous Lord Shaftesbury, then in the zenith of his popularity, appeared on his behalf, and represented, contrary to the most undoubted facts, “That there never had been any regular government in Albemarle, that its disorders were only feuds between the planters, which could only amount to a riot.” On this Culpepper was acquitted. He is the first colonist who appears to have been regularly tried in the court of King’s-bench upon that statute:^[41] but he was not transported from America in order to trial. His acquittal induced the proprietaries to resolve upon governing, in future, according to the portion of obedience which the insurgents should be disposed to yield. They recommended, however, an healing disposition. But the persons bearing the chief sway, being actuated too much by a vindictive spirit, proseeded against their opponents by imprisonment, fine, and banishment The seenes of anarchy produced by these measures were not changed, nor the condition of the colony mended by the arrival of governor Seth Sothel, in 1683, who was sent in hopes of quieting the disorders by his authority, as he had purchased Lord Clarendon’s share of the province. He was guilty of that bribery, extortion, injustice, rapacity, breach of trust, and disobedience of orders, for five years, that the inhabitants, driven almost to dispair, seized him with a view of sending him to England to answer to their complaints: but upon his intreaties, and offering to submit to their mutual accusations to the next assmbly, they accepted his proposal. The assembly gave judgment against him in all the above-mentioned particulars, and compelled him to abjure the country for twelve months, and the government for ever.

Charles-town having been made the principal port, the first collector was established there in 1685. The governor and LVIIIcouncil were at the same time ordered, not to fail to shew their forwardness in assisting the collection of the duty on tobacco transported to other colonies, and in seizing ships that presumed to trade contarary to the acts of navigation. Little regard was paid to orders so contrary to the views of every one. An illicit trade was not only practised, but justified under the clause of the patent, which the people believed to be of superior force to the law.—Though the royal grant of 1665 was passed subsequent to the act of navigation, the present exemption was insisted upon, with the same spirit that it was contended during this reign, that a king of England may dispense with the law. The principle of the Carolinians, and the doctrine so fashionable at the court of James, were therefore exactly the same.

James Colleton, esq. a proprietary, was appointed governor, in August. The next year he called an assembly, in which he and his party took upon them to pass such laws as lost him the affections of the people. During the ferments that followed, Seth Sothel, whom we have seen banished from Albemarle, suddenly arrived at Charles-town. Countenanced by a powerful party, and presuming on his powers as a proprietary, he seized the reins of government in 1690, notwithstanding the opposition of governar and council. A general return of member was procured, who readily sanctioned by their votes whatever was dictated by those that had thus acquired power. Colleton, whose conduct had been far from blameless, was instantly impeached of high crimes and misdemeanors, disabled from holding any office, and banished. Others were fined, imprisoned, and expelled the province. The proprietaries appointed a new governor; and the next year, [1692] upon the requisitions of the Carolinians, abrogated Mr. Locke’s system of laws, the fundamental constitutions, which far from having answered their end introduced only dissatisfaction and disorders, that were not cured till the final dissolation of the proprietary government.^[42] The operation and fate of Mr. Locke’s system may convince us of this truth, that a person “may defend the principles of liberty and the rights of mankind, with great abilities and success; and yet after all, when called upon to produce a plan of legislation, he may astonish the world with a signal absurdity.”^[43]

Governor Archdale arrived at Carolinia in August, 1695. He managed with great prudence, and succeeded so well, that the assembly voted him an address of thanks. He was succeeded by Joseph LIXBlake, esq. whose sentiments were so liberal, that, though a dissenter, he prevailed with the assembly to settle £ 150 per annum upon the episcopal minister of Charles-town for ever, and likewise to furnish him with a good house, a glebe, and two servants. A very different spirit wrought in the earl of Bath, when he succeeded to the power of palatine [1701.] and became eldest proprietary. Being a zealot for the church of England, he was ambitious of establishing its worship, and of excluding non-episcopalians from a share in the government of Carolina; a similar principle was at that time too prevalent in England. His views were seconded by the pliableness of governor Moor, who was after a while succeeded by Sir Nathaniel Johnson. Then the assembly being convened, a bill was brought in for the more effectual preservation of the government, by requiring all persons chosen members of the assembly, to conform to religious worship, and receive the sacrament of the Lord’s supper, according to the usage of the church of England. By this act, all dissenters were disqualified from sitting in the assembly, though legally elected, and the candidate who had the greatest number of voices, after the disqualified dissenter, was to be admitted. The passing of this act was unconstitutional and oppressive. Another bill was passed for establishing religious worship in the province, according to the church of England, and also for the erecting of churches, the maintenance of ministers, and the building of convenient parsonages. Both these acts were afterwards signed and settled by John lord Granville, then palatine, for himself and the other proprietors. In consequence of the last act, many oppressions were committed by the government against the dissenters, who laboured under these and other grievances, till the matter at length was brought before the house of lords, who having fully weighed the same, addressed the queen in favour of the Carolinians; and the laws complained of [1706.] were declared null and void.

An Indian war having broken out in Carolina, and the proprietaries finding themselves unable to maintain it against the Indians, while these were supported by the French and Spaniards, [1728.] resolved to surrender their charter to the crown. One-eighth of the province belonged to lord Carteret. The proprietors of the other seven-eighths were to receive for their cession £ 17,500 together with £ 5000 more, due to them from the province on account of outstanding debts. The surrender and payment was confirmed by a British act of parliament, wherein was a clause, reserving always to John lord Carteret, his heirs, executors, administrators, and assigns, all such estate, right, and title to one-eighth part of the share of the said provinces or territories, LXand to one-eighth part of all arrears as was his due. After passing the act, the British government applied itself in earnest to encourage this colony, and Robert Johnson, esq. was appointed governor, and continued such till he died in 1735; in which year Carolina was divided into two Colonies, North and South, and each placed under a separate governor.^[44]

Pennsylvania and the Delaware Counties next demand our attention. Mr. William Penn, one of the joint purchasers of the western part of the Jerseys, having received the most exact information of the country to the westward of the Deleware, while engaged in the administration of the joint purchase, became desirous of acquiring a separate estate.

He presented a petition to Charles II. in June 1680, stating not only his relationship to the late admiral; but that he was deprived of a debt due from the crown, when the exchequer was shut. He prayed for a grant of land, lying to the northward of Maryland, and westward of the Delaware; and added, that by his interest he should be able to settle a province which might, in time, repay his claims. Having the prospect of success, he copied from the charter of Maryland the sketch of a patent which in November was laid before the attorney-general for his opinion. Penn had the same object in view as lord Baltimore had, the guarding against the exertions of prerogative, which experience had taught both were very inconvenient. The attorney-general declared the clause of exemption from taxation illegal: and chief justice North, being of the same opinion, and observing its tendency, added the saving of the authority of the English parliament, so that it was stipulated by the king, for himself and his successors, “that no customs or other contribution shall be laid on the inhabitants or their estates, unless by the consent of the porprietary, or governor and assembly, or by act of parliament in England.”

The next year [1681] the patent was granted, in consideration of “the merits of the father, and the good purposes of the son, in order to extend the English empire, and to promote useful commodities.” It was provided by fit clauses, that the sovereignty of the king should be preserved; and that acts of parliament, concerning trade and navigation and the customs, be duly observed. Penn was empowered to assemble the freemen, or their delegates, in such form as he should think proper, for raising money for the uses of the colony, and for making useful laws, not contrary to those of England, or the rights of the kingdom. A duplicate of the acts of the assembly was to be transmitted LXIwithin five year to the king in council, and the acts might be declared void within six months, if not approved.

The novel introduction of the clause subjecting the inhabitants of Pennsylvania to taxation by act of parliament, might afford an argument against being so taxed, to all the colonies whose charters contained no such clause. Dr. Franklin being asked, when examined by the house of commons, in the time of the stamp act, “Seeing their is in the Pennsylvania charter, an express reservation of the right of parliament to lay taxes there, how could the assembly assert, that laying a tax on them by the stamp act was an infringement on their rights? answered, “They understand it thus—by the same charter and otherwise they are entitled to all the privileges and liberties of Englishmen. They find in the great charters and the petition and declaration of rights, that one of the privileges of English subjects is, that they are not to be taxed but by their own consent: they have therefore relied upon it, from the first settlement, that the parliament never would or could, by colour of that clause, tax them till it had qualified itself for the exercise of such right, by admitting representatives from the people to be taxed.” You will recollect governor Nicholson’s writing in 1698, “a great many people in all the colonies, especially in those under proprietaries, think that no law of England ought to be binding to them without their own consent: for they foolishly say, they have no representatives sent from themselves to the parliament of England.” [p. 39.]

The Pennsylvanians, it may be noted, were not declared by the patent to be English subjects. There was no express stipulation, as had been inserted in all the other colonial patents, “that the Pennsylvanians and their descendants should be considered as subjects born within the realm;” for the lawyers who revised it, considered such declaratious as nugatory, since they were inferred by law.^[45] If the right of the English parliament to tax the colonies could also have been inferred by law, why was not the express reservation of that right considered likewise as nugatory.

In May, Penn detached Mr. Markham, his kinsman, with a small emigration, in order to take possession of the country, and prepare it for a more numerous colony. Care was taken to order an humane attention to the rights of the Indians.

[1628] The frame of government for Pennsylvania was published in April. It was forced from the proprietary by friends, who would not have settled his country, unless gratified in whatever they demanded. It underwent a similar fate with LXIIthe constitutions of Locke; and after a variety of alterations, was at length wholly laid aside, and a simpler form established. As a supplement to the frame, there was published, in the subsequent May, a body of laws agreed upon in England by the adventurers, which was intended as a great charter, and does honor to their wisdom as statesmen, to their morals as men, and to their spirit as colonists.

Mr. Penn, desirous of carrying his religion southward to the Chesapeak, was continually soliciting the duke of York, for a grant of the Delaware colony. The prince at length wearied out, conveyed, in August, the town of Newcastle, with a territory of twelve miles round; as also that tract of land extending southward from it upon the Delaware to Cape-Henlopen. It was known to both parties, that the title of what was now granted was extremely exceptionable, as the duke could transfer no other right than mere occupancy in opposition to the legal claim, of lord Baltimore. Penn, however, who was intent on his own interest in those parts, immediately assumed the powers of jurisdiction.

When, for the first time, he arrived on the banks of the Delaware, October the 24th, he found them inhabited by 3,000 persons, composed of Swedes, Dutch, Finlanders and English. Not only his own colonists, but the rest, received him with joy and respect. He was accompanied thither by about 2,000 emigrants, who being either quakers or other dissenters, wished to enjoy their peculiarities and religion, in a country that offered a peaceful asylum to the persecuted. Mr. Penn immediately entered into a treaty with the Indians, and, agreeable to the bishop of London’s counsel, purchased from them as much of the soil as the circumstances of the colony required, for a price that gave them satisfaction: he also settled with them a very kind correspondence. In December, he convened the first assembly at Chester, consiting of seventy-two delegates from the six counties, into which they had divided Pennsylvania and the Delaware colony, soon after denominated the territories. The inhabitants proposed that the deputies might serve both for the provincial council and general assembly; three out of every county for the former, and nine for the latter. Their proposals were passed by the assembly without hesitation into an act of settlement. The persons returned were declared to be the legal council and assembly, and every county was empowered to send the same number in future, which in the same manner should constitute the legislature; and after the addition of a few other explanations, the modified frame of government was solemnly recognized and accepted. Then an act was passed, annexing the territories to LXIIIthe province, and communicating to the one the same privileges, government, and laws, as the other already enjoyed. Every foreigner who promised allegience to the king, and obedience to the proprietary, was at the same time declared to be a freeman, and entitled to his rights. By the legislative regulation, established as fundamentals by this assembly, factors who wronged their employers were to make satisfaction and one-third over—not only the goods, but the lands of the debtor were subjected to the payment of debts—every thing which excited the people to rudeness, cruelty, and irreligion, was to be discouraged and severely punished—no person acknowledging one God, and living peaceably in society, was to be molested for his opinions or practice, or to be compelled to frequent or maintain any ministry whatsoever. It was a principle of the great charter, “that children shall be taught some useful trade, to the end that none may be idle, but the poor may work to live, and the rich, if they become poor may not want.”

Penn, dissatisfied with the act of settlement, without difficulty created a second frame, agreeing partly with the first, modified according to the act of settlement in certain particulars, and in some measure essentially different from both; to which he procured the assent of the next assembly, in 1683; but which in time shared the fate of the former.

[1684.] He departed for England. The most violent dissensions followed almost instantly upon it, the provincial council and the assembly contending eagerly with regard to their mutual privileges and powers. Tranquility was not restored by the duputy governor Blackwell, who entered upon his government in December, 1688.

[1685.] Toward the close of this year Mr. Penn obtained a new grant to the Delaware colony, which he had been soliciting for some time.

[1688.] The Pennsylvanians and their rulers, when Blackwell entered upon his administration, were so much engaged in their own contests and pursuits, and so actuated by the principles of their superior, [the proprietary whose attachments to James II. during those days are well known] that they seem to have disregarded that signal revolution which transferred their allegience and Pennsylvania to the prince and princess of Orange: for the very laws and government of the province were administered in the name of the abdicated monarch, long after William and Mary had been formally proclaimed in other colonies.

It is a singularity in the history of this province, that neither its various systems, nor its fundamental laws, were communicated LXIVto the king for dissent or approbation, though strongly enforced.^[46]

Penn’s adherence to James carried him to such lengths, that he was considered as an inveterate enemy to the protestant establishment, and was for some time excepted out of the acts of grace published by William and Mary; who appointed colonel Fletcher, by the same commission, governor both of New-York and Pennsylvania. In the commission no manner of regard seems to have been had to the original charter. But when the assembly met, though sixteen short in number to what had been before usual, through the change made in the writs, they passed a vote, nem. con. “That the laws of this province, which were in force and practice before the arrival of this present governor, are still in force; and that the assembly have a right humbly to move the governor for a continuation or confirmation of the same.” That and subsequent assemblies shewed such a fixed determination to secure their rights, that neither governor nor lieutenant governor could bring them to bend to their wishes.

In 1696 Penn had so well managed matters at the court of England, that he was restored to his right of naming a governor; and in the beginning of 1700 he went to Pennsylvania in person. After the meeting of several assemblies, he convened one in September, 1701, and informed them of the indispensable necessity he was under of going to England, to obviate some ill offices done by his and their enemies with the government there; but offered to do every thing that was in his power to secure to them their privileges and properties. The assmbly, in their answer, expressed their dissatisfaction at the state of both, and required farther security; to which he gave evasive answers, but offered to leave the nomination of the deputy governor to themselves; they declined it, and went upon a new charter of privileges.

This introduced a breach between the members of the province and those of the territories; the latter insisting upon some particular privileges, which, when refused by the others, made them withdraw from the meeting, and it required all the authority and address of the proprietary to make up the breach. At last, after great heart-burnings on both parts, just when Mr. Penn was about to embark, a charter of privileges was presented to him and being ratified by him, became the rule of government in Pennsylvania. By this important charter liberty of conscience is granted; and all christians, of whatever denomination, taking the proper oaths of allegiance and fidelity, are enabled to serve the government, either legislatively or executively. The LXVexclusion of all persons from the legislative and executive branches, however eminently qualified, and well behaved as members of civil society, unless they are christians, does not accord with that general liberty which ought to prevail in national communities, now that the existance of all theocracy is ended by the introduction of the kingdom of Christ. The piety of the theorist, and the subtilty of the politician, desirous of securing the support of christians, may introduce the exclusion into written or printed agreements, but cannot establish a practical exclusion of persons opposed to christianity. He must be both simple and uninformed, who will not admit, that many deists have served the Pennsylvania and other excluding governments, either legislatively or executively.

By the second article of the charter it is provided, that an assembly shall be yearly chosen by the freemen, to consist of four persons out of each county, or of a greater number, if the governor and assembly shall so agree, on the 1st of October for ever, and shall sit on the 14th following, with power to choose a speaker and other their officers, and be judges of the qualifications and elections of their own members; shall sit upon their own adjournments, prepare bills, impeach criminals, and redress grievances; and shall possess all other powers and privileges of an assembly, according to the rights of the free-born subjects of England, and the customs observed in any of the king’s plantations in America. If any county or counties shall neglect to send deputies, those who meet, provided they are not fewer in number than two thirds of the whole, shall be considered as the legal representatives of the province.

By the eighth article, in cases of suicide, all property is to descend to the next heirs, as if the deceased had died a natural death: nor is the governor to be entitled to any forfeiture, if a person shall be killed by causualty or accident. The same article provides, that no act, law, or ordinance whatsoever, shall at any time hereafter be made, to alter or diminish the form or effect of this charter, or of any part of it, without the consent of the governor for the time being, and six parts in seven of the assembly met—that the first article, relating to liberty of conscience, shall be kept without any alteration inviolably for ever—and that William Penn, for himself, &c. does solemnly declare, that neither he, &c. shall do any thing whereby the liberties, in this charter contained, nor any part thereof, shall be infringed; and that if any thing shall be done by any person contrary thereto, it shall be held of no effect.

This new constitution differed greatly from the original.—The governor might nominate his own council, and he was left LXVIsingle in the executive part of the government, and had liberty to restrain the legislative, by refusing his assent to their bills.—The assembly, on the other hand, acquired the important privilege of propounding laws, as well as of amending or rejecting them; but though this new constitution was thankfully accepted by the province, it was unanimously rejected by the territories; and affairs stood in this untoward state when the proprietary sailed for England. The representatives of the province and those of the territories divided, and acted as two distinct bodies; and the attempts to unite them proved ineffectual.

The territories consisted of the three counties, Newcastle, Kent, and Sussex, on the Delaware, and are commonly known by the name of the three Lower Counties on the Delaware.

Notwithstanding Mr. Penn is celebrated as the wisest of legislators, the assembly, about the year 1704, unanimously came to nine resolutions, in which they complain with great grief of him, “for undermining his own foundations; and by a subtle contrivance, laid deeper than the capacities of some could fathom, finding a way to lay aside the act of settlement, and dissove his second charter.”^[47] He was likewise charged with having extorted from the province great sums of money. They complained also of the abuses of surveyors, the clerks of the courts, and justices of the peace, who, they said, were all put in by the proprietary, so that he became his own judge in his own cause.—These and other matters were the heads of a representation, or rather remonstrance, drawn up and sent to Mr. Penn, then in England, in which he is represented as an oppressor, and as falsifying his word in almost every respect, with the provincials.^[48]

The disputes which subsisted in Pennsylvania were greatly augmented by the intemperance of the quakers themselves, who, notwithstanding all their zeal for liberty of conscience, persecuted about or soon after 1694, George Keith (who had been one of their most famous preachers) upon his conforming to the church of England; and went so far as to throw him into prison. They apologized for their conduct by pleading, that they did not punish him for his religious principles, but for having insulted the civil government.^[49] If this was a good plea, the New-Englanders might gain great advantages from it, in vindicating themselves as to many of the severities they practised upon the quakers, who insulted their civil governments, beyond what will be easily credited by those who have not had the opportunity of knowing the LXVIItransactions of that period, or are not acquainted with the abusive language of some of the then leaders of that denomination—language which the body of modern quakers will not vindicate.

It only remains to give a concise account of the settlement of Georgia.

In 1732 a number of gentlemen, considering the vast benefit that might arise from the tract of land lying between the Savannah and the river Altamahat petitioned the king for a charter, which was accordingly granted on the ninth of June. They meant that the country should be made a bulwark for the southern colonies against the Spaniards; and should give employment to numbers of people who were burthensome at home to their friends and parishes. The charter constituted them a corporation, by the name of trustees for establishing a colony, by the name of Georgia, including the country from the most northern stream of the Savannah, to the most southern stream of the Altamaha. The corporation was to subsist for 21 years; and after the expiration of that term, the governor and all officers were to be appointed by the crown.

Toward the end of August, Sir William Heathcote recommended in the strongest terms, to the directors of the bank, the interests of the colony. His speech had the desired effect, and the members of the court, after his example, contributed largely toward the undertaking, as did great numbers of the nobility, gentry, clergy, and others; and the parliament granted £.10,000. By the beginning of November, about a hundred and sixteen colonists presented themselves, most of them labouring people; and were furnished with working tools of all kinds, stores, and small arms. Mr. Oglethorpe, one of the trustees, generously attended the first set of emigrants to Carolina, where they arrived in good health on the 15th of January 1733. The Carolinians made them a present of 100 breeding cattle, besides hogs, and twenty barrels of rice; and furnished them with a party of horse and with scout boats, by the help of which they reached the Savannah, where Mr. Oglethorpe, ten miles up the river, pitched upon a spot for a town; and on February the 9th, the building of the first house commenced. The colonists were most generously assisted by the Carolinians and their governor, cololonel Bull, not only with their purses, but their labour, in raising the new town, named Savannah, from the river.

Mr. Oglethorpe was waited upon by a numerous deputation from the Lower Creek Nation, with whom he concluded a treaty; and soon after set out for Charles-Town, on his return to England, where he arrived in 1734, bringing with him several Indian chiefs and a war captain. But before the end of March LXVIIIthis year, more emigrants, to the amount of six hundred, were either sent over by charity, or went at their own expence.

On the 30th of October the Indians embarked for their own country, having had an allowance while in London of £.20 a week, of which they spent little, as they commonly ate and drank at the tables of persons of the highest distinction. They moreover received presents to a very considerable amount. They embarked at Gravesend, in a ship which carried over a number of Saltzburghers, being German protestants, who, with others of their countrymen that followed, settled on the Savannah, a town they called Ebenezer, and which by their habits of industry and sobriety soon became considerable. The Georgians made a surprising progress in clearing their lands and building their houses: and, as an encouragement, the British parliament granted them a supply of £.26,000 which, with very great private donations, was expended upon strengthening the south part of Georgia. This being a necessary service for the colony, the trustees pitched upon the highlanders of Scotland, 160 of whom went over in 1735, settled themselves upon Altamaha river, and gave the name of Darien to a fort they built there, to which they afterwards added a small town called New Inverness.

In February, 1736, Mr. Oglethorpe, with about 300 passengers on board two ships, anchored in the road of Savannah. He soon began building another town, named Frederica.

[1737.] A misunderstanding subsisting between the courts of London and Madrid, and advice being sent from South-Carolina to Britain, that the Spaniards at St. Augustine and the Havannah, were making preparations for attacking Georgia, the government, at the request of the trustees, sent thither a regiment of 600 men, any of whom at the end of seven years might have a regular discharge, and be entitled to a grant of twenty acres of land. The parliament this year granted the colony another supply of £.20,000 which enabled the trustees to send over a fresh embarkation, of persecuted protestants.

On the breaking out of the war between England and Spain, Mr. Oglethorpe, being invested with a general’s command, proceeded with a body of troops to attack St. Augustine in 1740, but the expedition proved unfortunate.

In 1742 Georgia was invaded by about 5000 Spaniards and Indians from St. Augustine, in about fifty vessels of various kinds, who were repulsed by the general at the head of the English forces, and a small body of Indians. Had the Spanish descent proved successful, the Carolinians must have been in imminent danger: but the general’s good conduct secured them, LXIXand he received congratulatory letters of thanks from several of the American governors, for his great and important services.^[50]

On the review of what you have read, you will note, that the colonists were very early in declaring, that they ought not to be taxed but by their own general courts, and that they considered subjection to the acts of a parliament in which they had no representatives from themselves, as a hardship—that like true born Englishmen, when grievously oppressed by governors or others, they resisted, deposed, and banished; and would not be quieted till grievances complained of were redressed—and that not a colony, Georgia excepted, was settled at the expence of government. Toward the settlement of the last, parliament granted £.56,000 at three different periods.