CHAPTER V.

Transactions immediately succeeding the restoration of Charles II....Contests between Connecticut and New Haven....Discontents in Virginia....Grant to the duke of York ....Commissioners appointed by the crown....Conquest of the Dutch settlements....Conduct of Massachussetts to the royal commissioners.... They are recalled....Massachussetts evades a summons to appear before the king and council.... Settlement of Carolina....Form of government....Constitution of Mr. Locke....Discontents and insurrections in the county of Albemarle....Southern colony is invaded by the Spaniards from Florida....Abolition of the constitution of Mr. Locke....Bacon's rebellion....His death....Assembly deprived of judicial authority....Discontents in Virginia.... Population of the colony.

THE restoration of Charles II. to the throne of England was soon known in America, and excited, in the different colonies, very different emotions. In Virginia, where that event had been anticipated by the people, and in Maryland where the royal party was powerful, the intelligence was received with transport, and the king was proclaimed amidst acclamations of the most unfeigned joy. In Massachussetts, which had been fostered by the partial favour of the parliament and of Cromwell, the unwelcome information was heard with doubt, and in silence. Republicans in religion and in politics, all their affections were engaged in favour of the revolutionary party in England, and they saw in the restoration of monarchy, much more to fear, than to hope for themselves. Nor did this sagacious people misjudge

of their interests.

No sooner was Charles seated on the throne of his ancestors, than the parliament voted a duty of five per centum on all merchandises exported from, or imported into, any of the dominions belonging to the English crown; and in the course of the same session, was re-enacted the celebrated navigation act, by which it was declared that no merchandise should be imported into the plantations belonging to his majesty in Asia, Africa and America, or exported from them, but in English vessels navigated by Englishmen; a description which was admitted to include all the subjects of the English crown. It was also enacted that no sugar, tobacco, ginger, indigo, cotton, fustic or other dying woods, of the growth of the English territories in America, Asia, or Africa, should be transported thence to any other country, than those belonging to the crown of England. The specified articles were termed "enumerated commodities," and when any new article of export became afterwards important; as the rice of Carolina, the molasses of the West Indies, and the copper ore of the northern colonies, such article was added to the list, and subjected to the same regulations. The colonists remained at liberty, under the common law, which gives freedom of commerce to all the subjects of England, to export to any part of the world all objects of trade other than the "enumerated commodities." The difficulty of carrying this system into execution among a distant people, accustomed to the advantages of a free trade, was foreseen; and therefore,

the law directed that the governors of the several plantations should, before entering into office, take an oath faithfully to observe it.a

As some compensation to the colonies for the commercial restraints thus imposed by the legislature; it was also enacted during the same session, that no tobacco should be planted or made in England or Ireland, Guernsey or Jersey. These prohibitions, affecting the respective parts of the empire, confined the trade of the colonies to England, and conferred on them exclusively the production of tobacco.

Charles, immediately on his ascending the throne, transmitted to sir. William Berkeley a commission as governor of Virginia. He was instructed, among other things, to call an assembly, and to assure it of the intention of his majesty to grant a general pardon to all persons, other than those who were attainted by act of parliament, provided all acts made during the rebellion, derogating from the obedience due to the king and his government, should be repealed. These instructions also directed him to confirm any imposts the assembly might think fit to establish for the general benefit, applying thereout one thousand pounds for his own salary; and to revoke such grants of lands as had been made contrary to the instructions of Charles I. and to the good of the people.

The assembly, which had been summoned in March 1660, to meet in the name of the king though he was not at that time acknowledged in England, and which had been prorogued by the governor to the March following, (1661) then convened, and engaged in the necessary but arduous task of revising the laws of the colony. One of the motives assigned for making this legislative digest of their legal code strongly marks the prevailing temper of the day. They declare their intention to be, to repeal and expunge "all unnecessary acts; and chiefly such as might keep in memory their forced deviation from his majesty's obedience," and to bring into one volume those which are to remain in force."

This laborious work was accomplished; and in its execution, the first object of attention was religion. The church of England was established by law, provision was made for its ministers; and, to preserve the purity and unity of its doctrines and discipline, those only who had received their ordination from some bishop in England, and who should subscribe an engagement to be conformable to the orders and constitution of the church of England and the laws there established, could be inducted by the governor; and no others were permitted to preach publicly or privately. The day of the execution of Charles I. was ordered to be kept as a fast, and that of the birth and restoration of Charles II. to be celebrated as a holy day. The duties on exports and tonnage were

b Virginia laws.... Chalmer.

rendered perpetual; the privilege of the burgesses from arrest was established, and their number fixed; the courts of justice were organized; and a variety of useful and necessary laws were passed, for regulating the interior affairs of the colony."

An effort was made to encourage manufactures, especially that of silk, which, it was then supposed, might become a staple of Virginia. For each pound of that article which should be raised, a premium of fifty pounds of tobacco was given; and every person was enjoined to plant a number of mulberry trees, proportioned to his quantity of land, in order to furnish food for the silk worm. But the labour of the colony had long been directed, almost exclusively, to the culture of tobacco and Indian corn; and new habits of industry are seldom introduced, until they become indispensably necessary. This attempt to multiply the objects of labour seems not to have succeeded, and the acts on this subject were soon repealed.

Vessels owned in Virginia had been heretofore exempted from the duties on the exportation of tobacco. A law was now passed declaring only those vessels to be entitled to this privilege, which belonged solely to the inhabitants of that colony, and not such as belonged to partners, some of whom resided elsewhere."

In Maryland, where the proprietor was restored to his government, and Charles acknowledged with

Virginia laws.... Chalmer.

d Chalmer.