ing ftroke to their charter, and his brother James facceeded, to exercise a defpotifm over them in its outmoftrextent. Sir Edmund Andros was appointed to be their governor, who would not fuffer them to elect an aflembly or council, or to have any other government than what depended upon his arbitrary plea fure. He himself made laws, raised troops, levied taxes, and managed all things with a council of his own creatures, whom he made the inftruments of his tyranny, and the promoters of the ends of his covetoufness. New Adam Winthrop John Woodbridge Dudley Woodbridge Elephelat Adams 1695. Samuel Vaflal Walter Price Richard Saltonstal Thomas Blowers Jedediah Andrews 1697. Elisha Cook Anthony Stodart Samuel Moody, Thomas Symmms 1 New-England was now in a moft difmal fituation; their charters were diffolved, and the whole province brought into a state of abfolute fubjection. They were told that their charters being diffolved, their titles to their lands were forefeited therewith, and now belonged to the King. Under this pretence; they were called upon to take out new patents for their lands, fubject to fuch fines as fhould be impofed; and writs of ejectment were brought against fuch as refufed, to put them out of their poffeffion. This was tyranny with a witness, but exceedingly confistent with the other meafures of the government at that time. The colony deferved to feel fome chaf tisement for their fpirit of intolerance; but this was chastisement beyond all measure, and from hands that were guilty of higher tranfgreffions. A general exception was alfo made to all titles, in confequence of the difolving of the charter, and the towns were de clared to be incapable of receiving any eftates; this rendered their fituation truly abject. The town of Ipfwich remonftrated against paying taxes levied by the governers's fole authority, without the confent of an affembly, or of the parliament, and the felect men voted, "That in as much as it is against the privilege of English subjects, to have money raised without their confent, in an affembly or parliament, they therefore At the time of the collecting the above catalogue, there were in the three colonies of Plymouth, Maffachusetts, and Connecticut, an hundred and thirty-nine congregations, and of the minifters of thefe, there were above eighty, graduates of the Harvard college, and many of them men of good learning, and excellent parts. Plymouth county, Barnftable, Bristol, Marthas Vineyard, Nantusket, and Rhode Island, Suffolk county, Middlefex Effex, 7 Hampfhire and Pifcutaqua 6 London county, New-Haven, 4 Fairfield, 20 22 23 15 therefore will petition the King for liberty of an affembly, before they make any rates." For this, two of them were imprifoned, and the reft fined twenty, thirty, and fifty pounds a man. In this condition of oppreffion, did this colony, and fome others remain, till the acceffion of King William to the throne of Great Britain, when the people of Bofton feized upon their governor, and called a convention. This affembly added two new agents to the two that were in England, and fent them over with inftructions, to folicit the continuance of their ancient charter, and all its rights and privileges; and if there fhould be an opportunity, to endeavour the obtaining fuch further privileges as might be of benefit to the colony. It had been refolved in the house of commons, that the feizing of the charters of the corporations and colonies, in the reign of Charles the fecond, was illegal, and a bill had been brought in for the renewal of them, but it did not pafs, though it was the general sense of the best friends of the conftitution, that it ought to have paffed. From this confideration, the agents, however, coucluded, that they might be allowed to refume their charter, which according to the opinion of the most noted lawyers, could have been of very little fervice to them, whenever an arbitrary miniftry fhould think fit to confine them to the letter thereof. The reader will judge for himself when he confiders the charter, whether it is liable to the defects which are imputed to it. The opinion of council, which was taken at that time, was, "That a bare reftitution of the Maffachusetts charter could be of no fervice at all, becaufe it was defective in five particulars. They had no power thereby to call a felect affembly,--* no power to lay taxes, and raife money on inhabi tants, whether freemen, or frangers trading with them;-they had no admiralty,-no power to keep a prerogative court, to prove wills, nor to erect courts of judicature, especially chancery-courts. Some of their agents were very zealous to have the old charter renewed, but it would appear, they either did not understand the nature of it, nor were aware of the confequences which might arife from the quirks of lawyers, concerning their not literally fulfilling the conditions thereof. This charter did, indeed, affirm that they had power to imprifon, or inflict punishment in criminal cafes, according to the courfe of corporations in England; but the lawyers faid, that unless capital cafes, were exprefsly mentioned, the power could not reach them: That they had no power to erect judicatories, or courts for probates of wills, or with admiralty jurifdiction; nor had they power to conftitute an houfe of representatives, nor impofe taxes on the inhabitants; nor to incorporate towns, colleges, or fchools, which power and privileges they had, notwithstanding, ufurped; and of confequence, by law, had forefeited their charter. An hiftorian who reads the tranfactions of thofe times, and judges upon the principles of common fenfe, finds himfelf greatly at a lofs, when he finds a power granted to a people to make laws to themselves, provided they are confiftent with the laws of England, and yet men who pretend to know the law better than others, declaring that there are many things which the fubjects in England may do, that thofe in America may not do; were mankind divefted of felfifhnefs and prejudice, they would certainly infer, that an authority to make laws fuited to any fociety, agreeable to the laws of another fociety, implied a right to make as many as they pleased, provided they were confiftent with that general rule. If this is not the meaning of the words words of the charter, it will be difficult to fay what is the meaning of words. It has been alledged that the American charters cannot be infifted upon, as gi ving them a right of exemption from the jurifdiction of parliament; and it is certainly true; but it is also true, that all incorporated towns in England have a fhare in the legiflature, which the colonists have not; which right they have by their charters. It does not appear that these colonists wanted to be free from the jurifdiction of parliament, but to have a share in the legislature which pretends to tax them, which is certainly reasonable. And as their local circumftances render it next to impoffible for them to attend in England, they only afk the privilege which Britons require at home, to tax themselves by their own reprefentatives; and if they are free men at all, and not flaves, this must be their undoubted privilege, In confidering the characters of nations and people, it will be difficult to find confiftency in the conduct of any that have yet exifted in this world. Our colonists who fled from perfecution in their native country, turned tyrants to fome of their brethern, when once they got power into their own hands. The Anabaptifts and Quakers were the objects of their highest averfion; they perfecuted them with unrelenting rigour, even unto death; and because they could not believe the fame creed with them, they de nied them the privileges of men and citizens. This was perverting religion to the worst of purposes, and making the mild and merciful dictates of our Saviour, the ground-work of malice, tyranny, and perfecution. This is fuch a blot in the character of the first fettlers, that nothing can wipe away the reproach from their fucceffors but a total renunciation of both the principles and practices which their progenitors purfued. Liberty |