hereby declared to be a forfeiture of all and every the charters granted for the government or propriety of such plantation."

Severity is stamped upon the very face of the act, in making the disobedience of a governor, the forfeiture of a charter, meant to secure the liberties of thousands, who might not have any the least power of preventing such disobedience. The proprieties and charter colonies were so disinclined to admit of appeals to his majesty in council, and were thought so to thirst after independence that these and other objections against them were ✔laid before the parliament, [1701.] and a bill thereupon brought into the house of lords for re-uniting the right of government in those colonies to the crown: but better council 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 passed in 1710, viz. "An act for establishing a general post-office for all her majesty's dominions, and for settling, a weekly sum out of the revenues thereof, for the service of the war and other her majesty's occasions." By this act the postage of England, Scotland, Ireland, and America, were consolidated, to the end that a general post-office might be established through Great-Britain and Ireland, her colonies and plantations in NorthAmerica and the West-Indies, and all her other dominions, in such manner as might be most beneficial to the people: and that the revenue arising form the said office might be better improved. The consolidation made a new act necessary; and afforded the opportunity of advancing the rates of letters. The weekly sum amounted to £.700 and was to be paid out of the revenue for 32 years; the payment was made perpetual in the third year of her successor, having been soon after granted, appropriated by another act toward paying off, with interest at six per cent. the principal of £.2,602,200, which government borrowed of the public. By the act, the post-riders carrying the mail, were exempted from paying any thing for passing the ferries in North-America, and the ferryman was subjected to a penalty of five pounds, if he did not convey them over within half an hour after demanded.

Whatever power over the colonies the parliament might exercise in the act, the dissimilarity between this and the sugar act, passed in 1764, will not admit of the former's being quoted, with propriety, as a precedent for the latter. The colonists were in no wise uneasy at it, and considered not the American postage in the light of an internal tax, designed for the raising of a revenue from them; for it was but a few comparatively who were affected by it; and these were accommodated in the conveyance of their letters, received a full equivalent for the postage of them,

and

and were not bound to send them by the public post, when they preferred a private conveyence.

In respect of the readiness of the colonies to co-operate with each other and the mother country, for the general good, they manifested the same as occasion required.

[1690.] The Massachusetts general court wrote to the several governors of the neighbouring colonies, desiring them to appoint commissioners "to meet, advise, and conclude upon suitable methods in assisting each other for the safety of the whole land." The governor of New-York was requested to signify the same to Maryland, and parts adjacent.

The commissioners met on the 1st of May, at New-York, and were stiled a Congress, as may be concluded from the following paragraph in Mr. Stoughton's letter of October 20, 1693, to Lord Nottingham: "I crave leave further to acquaint your lordship, that the governor of New-York having written unto his excellency the governor here, signifying his appointment of a meeting at New-York, upon the first Wednesday of this month, of commissioners from the several governments of New-England, Virginia, &c. to concert and agree upon a certain quota of men and money, for the defence of Albany, &c. in observance of their majesties commands; it happened to be at such a time, and under such a conjuncture of affairs here, that no meet persons could be procured to attend that Congress." It does not appear, that ✔ there was any congress between the two periods. It may also be observed, that the first was procured at the motion of the Massachusetts general court, formed, from the necessity of the day, upon the vacated charter, before a new one was granted; and that the motion originated in the court, from zeal for the common safety of the colonies, without any interposition of their majesties command. We meet with no congress prior to what was thus procured.

[Oct. 14, 1709.] At the desire of colonel Vetch, there was a congress of several governors, with some of their council and assembly, to consult upon the intended expedition against Canada, and to resolve on methods for securing the frontiers.

[Oct. 31, 1711.] The Massachusetts house of assembly, at the motion of licutenant-general Nicholson, advised, to a congress of her majesty's governors attended with such persons as the governments might appoint. The council appointed two, and the house three, out of their respective bodies, to attend the governor to congress, which appears to have met afterwards at New-London.

*Hutchinfon's Hiftory, Vol. II. p. 74.

But

But though the conduct of the Massachusetts, in their exertions for the general good, was highly commendable, their behawiour afterward, in their own colonial affairs, under governor Shute, was greatly censurable.

[1722.] The house of assembly attempted to take from colonel Shute, those powers in matters relative to the war, which belonged to him by the constitution, and to vest them in a committee of the two houses. They by degrees acquired, from the governor and council, the keys of the treasury; and no monies could be issued, not so much as to pay an express, without the vote of the house for that purpose; whereas by the charter, all monies were to be paid out of the treasury, "by warrant from the governor, with the advice and consent of the council."

The ministry were greatly offended at the governor's being made uneasy for colonel Shute was known at court and the offices of state, under the character of a very worthy gentleman, of a singular good temper, fitted to make any people under his command happy. When, therefore, they found the contrary in the Massachusetts, they concluded, that the people wished to have no governor from Great-Britain, but wanted to be independent of the crown. The cry of the city of London ran exceedingly against them; and a scheme, that had been long planned for taking away the charter, had nearly been exccuted; but was fortunately frustrated by the indefatigable pains of Mr. Dummer, their then agent. Their own council at home were obliged to a confession of their illegal proceedings. [Jan. 15, 1725.] An explanatory charter was prepared, proposed, and accepted. Had it not been accepted, the design was to have submitted to the consideration of the British legislature, "What further provisi on may be necessary to support and preserve his majesty's authority in the colony, and prevent similar invasion of his prerogative for the future."*

It had been usual to give instructions to the several governors, to recommend to the assembly the establishing of a salary suitable to the dignity of their post; but the house had always declined complying,prudently apprehensive,that disagreable consequences might ensue, from the independency of the governor on the people over whom he was placed. These instructions were renewed when governor Burnet was appointed to the chair, who adhering to them, and showing a fixed determination not to part with govermental rights, warm disputes followed between him and the

* Hutchinson's Hiftory, Vol. II. p. 271, 290, 294, 321. and governer Burnet's Speech to the Maffachusetts general court, in the Maffichusetts Records for 1728.

house

house of representatives; whose treatment of him was so unwarrantable, that the council board [1729.] within a week after the affair, expressed their concern at the unbecoming and undutiful treatment given to his excellency, in the message of the house on the sixth of December.,

In divers instances they showed such a disposition to encroach upon the prerogative, to wrangle with their governor, and to dispute with the crown, that the ministry and other persons in public offices, as is natural for those who look for submissive compliance, were much irritated; and improved to the utmost all advantages to excite prejudices against them.

It was suggested that they were aiming at independence; and jealousies were raised in the minds of some, that there was danger of the colonics setting up for themselves. Nevertheless, it was certain that such a scheme appeared to the whole country wild and extravagant; because of the universal loyalty of the people, beyond what was to be found in any other part of the British dominions, together with the infancy of the colonies, and their being distinct from one another in forms of government, religious rights, emulation of trade, and, consequently, their affections; so that it was not supposable that they could unite in so dangerous an enterprise.*

However, when the Massachusetts petitioned the house of commons, praying that they might be heard by council on the subject of grievances, the house took that opportunity of discovering how jealous it was of the kingdom's supremacy and uncontroulable authority over the colony; for the commons hav ing considered the matter, resolved, "That the petition was frivolous and groundless, a high insult upon his majesty's government, and tending to shake off the dependency of the said colony upon this kingdom, to which, in law and right, they ought to be subject,"

The colonies might object to some acts passed respecting them, particularly the act prohibiting the cutting down of pitch and tar trees, not being within a fence or enclosure-the act prohi biting the exportation of hats made in the colonies, even from one colony to another; and restraining all makers of hats from taking more than two apprentices at a time, or any for less than seven years, and entirely from employing negroes in the business -the act for the more easy recovery of debts in his majesty's plantations and colonies in America, which made houses, lands," negroes, and other real estates, assets for the payınent of debts. It was passed in 1732, upon the petition of the English merchants * Maffachusetts Records for 1729 and 1731. Hutchinson's Hiftory, Vola M. p. 355, 360, 363,

trading

trading to the colonies, who complained, that the Virginia and Jamaica, a privilege was claimed to exempt their houses, lands, tenements, and negroes, from being attached for debt; the lords of trade at the same time represented, that the assemblies of those colonies could never be induced to divest themselves of these privileges by any act of their own. But whatever objections were made to the above acts, no general measure was adopted to obtain their repeal. They continued in being; but the hatters act was disregarded: and methods were devised for felling the prohibited trees, when the neighbourhood wanted a supply. The operation of the act designed for the benefit of credi tors, was too often, as in other countries, weakened or evaded by the dishonest debtor. Men of principle gave themselves little concern about its existance, as they had nothing to fear from it, and knew that the same was intended to prevent persons being cheated out of their property.

The sugar colonists combined together, and obtained an act against the trade carried on from the British northern provinces to the Dutch and French colonies, for foreign rum, sugar, and molasses. The act passed in 1733, laid a duty of nine-pence a gallon on rum, six-pence a gallon on molasses, and five pounds on every hundred weight of sugar, that came not from the British West-India islands, and were brought into the nothern colonies. It was professedly designed as a prohibition from the foreign islands; but did not answer. It was found expedient, and for the general benefit, to admit of the molasses, &c. being mostly run into the colonies, without insisting upon the duties, or making frequent seizures. The act unhappily produced an illegal spirit of trading; but was continued by subsequent ones down to 1764; when the duty on the molasses was reduced to three-pence, to prevent its being run any longer. The act did not oppropriate the monies to be raised by the duties, so that when, in length of time, there was a sum in the hands of the receiver worth remitting, a demur ensued as to the application of it.

The monies produced by this and other acts, were not considered as real taxes, either by the colonies or the mother country. But some persons wished to have taxes imposed upon them which would necessarily produce many good posts and places in America for courtiers; and during the war with Spain, which broke out in 1739, a sheme for taxing the British colonies was mentioned to Sir Robert Walpole. He smiled, and said, "I will leave that to some of my successors, who have more courage than I have, and are less friends to commerce than I am. It has been a maxim with me, during my administration,

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