Page images
PDF
EPUB

writ of fcire facias, iffued against their former charter, was, their having levied money of the inhabitants.

1691. King William and queen Mary granted a new charter, in which Plymouth, the Main, Acadia or Nova Scotia, and the tract lying between Nova Scotia and the Main, were annexed to and made a part of the Massachusetts. It was complained of, as being not much more than a fhadow of the old; feeing that the appointment of the governor, lieutenant governor, fecretary, and all the officers of the admiralty, was vefted in the crown; that the power of the militia was wholly in the hands of his majesty's governor as captain general; that all judges, justices, and fheriffs, were to be nominated by the governor with the advice of the council; that the governor had a negative upon the choice of counsellors; that all laws enacted by the general affembly, were to be fent home for the royal approbation or difallowance; and that no laws, ordinances, elections, or acts of government whatsoever, were to be of any validity, without the confent of the governor fignified in writing. The new charter, however, conferred on the inhabitants a number of very important privileges, and was to be preferred to the old in many refpects. They were informed by the best civilians, that their religious liberties were for ever fecured; and that they could be touched by no tax or law, but of their own making; which had a good effect in quieting them under the variations to which they objected.

1692.

The first act of the Maffachufetts legiflature, after the arrival of the charter, was a kind of Magna Charta, af ferting and fetting forth their general privileges, and this claufe was among the reft, "No aid, tax, tallage,

affeffment

affeffment, custom, loan, benevolence, or impofition whatsoever, shall be laid, assessed, imposed, or levied on any of his majefty's fubjects, or their eftates, on any pretence whatever, but by the act and confent of the governor, council, and reprefentatives of the people affembled in general court." The general court paffed others favorable to liberty, which were perused by the minifters of England at a distant period; and with the preceding, difallowed of by the regency in 1695. In December the reafons of this dif fent were tranfinitted to the governor and council. The following extract from the letter fent by the committee of plantations is fubjoined, because of its being fo extraordinary and decifive: "Whereas, by the act for fecuring the liberty of the fubject, and preventing illegal imprisonments, the writ of Habeas Corpus is required to be granted, in like manner as is appointed by the ftatute of 31 Charles II. in England, which privilege has not as yet been granted in any of his majesty's plantations; it was not thought in his majefty's abfence, that the said act should be continued in force, and therefore the fame hath been repealed."

The above extract makes this a proper place for mentioning, that the ancient colonists being deftitute of perfonal fecurity, for want of an Habeas Corpus act, were in fome provinces grievously oppreffed. Edward Randolph, furveyor general during the reign of William III. reprefented their condition to the board of trade March 1700; and among other beneficial regulations, he recommended "That it being the practice of governors to imprison the fubjects without bail, the Habeas COFpus act should be extended as fully to the colonies as it is in England." It was accordingly foon after conferred

[blocks in formation]

on Virginia by queen Anne. The council, in their addrefs faid upon the occafion, "We the council of Virginia acknowledge your majefty's late favor, in allowing us the benefit of the Habeas Corpus act, and in appointing courts of oyer and terminer, for the more speedy execution of justice, and relief from long imprisonments." The lower house in theirs, faid, "We the burgeffes now affembled, do befeech your majesty to accept our fincere thanks, for your many favors beftowed on your fubjects of this colony. We shall not pretend to enumerate the particulars, nor can we omit mentioning these lately communicated to us by your majefty's royal inftructions to your governor, wherein you have afferted to your fubjects their legal rights and properties, by allowing them the Habeas Corpus act *.'

The extenfion of the Habeas Corpus act to the plantations by Queen Anne, appears to have been only by inftructions to the governors, and not by any act of parliament. By what prerogative could fhe extend that act to the colonists, were they not before entitled to its benefit? If entitled, it was unjust in any power to deny them the advantage of the act; and the royal favor to the Virginians confifted folely in the queen's afferting to her fubjects their legal rights and properties, (as the burgeffes expreffed themselves) by giving fuitable directions on the bufinefs. The high fenfe of colonial liberty exhibited by the York and Maffachusetts general courts, was opposed by the English government.

1696. An act was paffed by the parliament, declaring that

All laws, bye-laws, ufages and cuftoms, which fhall be in practice in any of the plantations, repugnant to

Chalmers's Political Annals.

any

any law made or to be made in this kingdom relative to the faid plantations, fhall be void and of none effect."

There might be no defign on the part of the miniftry of taxing any of the colonies; but about 1696, a 1696. pamphlet was published, recommending the laying a parliamentary tax on one of them. It was anfwered by two others much read; which totally denied the power of taxing the colonies, because they had no representation in parliament to give confent. No anfwer, public or private, was given to these pamphlets; no cenfure paffed upon them; men were not startled at the doctrine, as either new, or illegal, or derogatory to the rights of parliament *.

Though the parliament might not then claim the right of taxing, they claimed the right of punishing difobedience to their laws, with the lofs of charter privileges, In the 11th of William III. an act was paffed for the trial 1699. of pirates in America, in which there is the following clause, "Be it further declared, that if any of the governors, or any person or perfons in authority there, fhall refufe to yield obedience to this act, fuch refufal is hereby declared to be a forfeiture of all and every the charters granted for the government or propriety of fuch planta

tion."

Severity is ftamped upon the very face of the act, in making the disobedience of a governor, the forfeiture of a charter, meant to fecure the liberties of thousands, who might not have any the leaft power of preventing such disobedience. The proprieties and charter colonies were so difinclined to admit of appeals to his majefty in council, and were thought fo to thirft after in

* Lord Camden's fpeech in April 1766,

[blocks in formation]

dependence, that thefe and other objections against them 1701, were laid before the parliament, and a bill thereupon brought into the houfe of lords for re-uniting the right of government in thofe colonies to the crown; but bettér councils prevailed, and matters were left unaltered. Some are for bringing as a precedent for the parliament's raising a revenue from the colonies, what was paffed in 1710. 1710, viz, "An act for establishing a general poftoffice for all her majefty's dominions, and for fettling a weekly fum out of the revenues thereof, for the fervice of the war and other her majesty's occafions." By this at the postage of England, Scotland, Ireland, and America were confolidated, to the end, that a general poft-office might be established through Great Britain and Ireland, her colonies and plantations in North America and the Weft Indies, and all her other dominions, in fuch manner as might be moft beneficial to the people; and that the revenue arifing from the faid office might be better improved. The confolidation made a new act neceffary; and afforded the opportunity of advancing the rates of letters. The weekly fum amounted to 700l. and was to be paid out of the revenue for 32 years: the payment was made perpetual in the third year of her fucceffor, having been, foon after granted, appropriated by another act toward paying off, with intereft at fix per cent, the principal of 2,602,2001. which government borrowed of the public. By the act, the post-riders carrying the mail, were exempted from paying any thing for paffing the ferries in North America, and the ferryman was fubjected to a penalty of five pounds, if he did not convey them over within half an hour after demand.

What

« PreviousContinue »